OF
THE
EXCELLENCY
OF
Monarchical
Government
,
Especially
of
the
English
Monarchy
;
WHEREIN
,
Is
largely
Treated
of
the
several
Benefits
of
KINGLY
GOVERNMENT
,
and
the
Inconvenience
of
COMMON-WEALTHS
,
&c.
CHAP.
I.
A
Comparison
of
the
Body
Natural
and
Politic
;
with
an
account
of
the
subject
Matter
treated
of
.
FROM
the
Contemplation
of
our selves
,
in
the
Faculties
of
our
Souls
,
and
the
Subservience
of
our
Bodies
,
no
doubt
wise
Men
have
fram'd
the
Idaeas
of
Government
;
with
is
agreeable
to
what
the
Great
and
Ancient
Philosopher
[
](A46988-e11200-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Arist.
Polit.
lib.
1.
c.
5.
notes
,
That
every
living
Creature
consists
of
Body
and
Soul
,
whereof
the
one
by
Nature
commands
,
and
the
other
obeys
:
and
in
another
place
[
](A46988-e11240-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ib.
he
distinguisheth
the
manner
of
the
Soul's
Rule
;
in
that
it
rules
the
Body
by
a
Masterly
and
Absolute
,
and
the
Mind
rules
the
Affections
by
a
Kingly
Command
.
As
the
Natural
Body
consists
of
Head
and
Members
,
made
stable
and
erect
by
the
Bones
,
tyed
together
and
curiously
interwoven
by
the
Nerves
,
Ligaments
,
Tendons
,
Muscles
,
and
Membranes
;
Comparison
of
the
natural
with
the
Politic
body
.
pervaded
by
the
nutritious
juice
,
Lympha
and
Blood
;
irradiated
by
Natural
,
Vital
,
and
Animal
spirits
;
animated
and
enlivened
in
all
its
motions
by
the
Energy
of
a
Rational
Soul
:
So
in
the
Political
,
the
Sovereign
the
Head
,
and
the
People
the
Members
,
are
held
together
by
the
strong
Sinews
and
Nerves
of
good
Laws
and
Political
Constitutions
;
actuated
and
enlivened
in
all
their
motions
by
the
influence
of
the
Prince
and
his
Government
(
as
the
Soul
,
Archaeus
and
Coelestial
fire
)
whereby
every
Member
performs
its
Offices
in
this
great
Oeconomy
,
the
whole
System
is
kept
in
regular
and
orderly
Motion
,
is
firmly
established
,
and
enabled
to
exert
all
those
beneficial
Powers
that
are
admired
in
a
well
composed
Body
Politic.
The
Body
without
the
Head
,
being
but
a
Trunk
and
inanimate
Carcase
;
and
the
Head
without
the
Body
,
as
a
curious
piece
of
Clock-work
without
Motion
.
It
must
be
owned
to
be
a
noble
Enterprise
to
make
researches
into
the
constituent
Parts
,
Harmony
and
Composure
of
Government
,
which
is
that
benign
Supreme
Power
which
influenceth
vast
Societies
of
men
,
and
combines
all
tempers
,
constitutions
and
interests
in
one
noble
Machine
,
for
the
benefit
of
the
whole
and
every
part
;
and
makes
every
Dominion
a
little
World
;
wherein
Beauty
,
Order
,
and
the
Blessings
of
this
Life
are
inspired
into
all
the
Members
,
how
minute
soever
,
with
that
calmness
(
when
no
disturbances
are
given
it
)
that
we
scarce
hear
the
motions
of
the
[
](A46988-e11320-b)(c)
(c)
Sic
orbem
Reipubli●e
esse
conversum
,
ut
vix
sonitum
audire
,
vix
impressam
orbitam
vi●ere
possumus
.
Cic.
●●
Attic.
Ep.
36.
Machine
,
or
see
the
Springs
that
move
it
.
But
as
in
the
Body
Natural
the
[
](A46988-e11360-b)(*)
(*)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Philosopher
observes
,
That
by
the
turbulence
of
depraved
Appetites
,
by
heady
Rashness
,
and
seducing
Passions
in
the
vitious
and
ill-affected
,
the
Body
seems
to
command
the
Soul
,
and
Reason
is
dethron'd
:
So
in
the
Commonweal
,
when
from
mistakes
and
misguided
Zeal
,
Discontent
,
Ambition
,
and
other
vitious
Inclinations
,
People
are
infected
,
whereby
the
Malignant
Fever
of
Sedition
,
or
the
Pest
of
Rebellion
rageth
in
a
State
;
the
Sovereign
is
,
for
a
time
,
kept
from
the
Exercise
of
his
Royal
Power
,
The
Scheme
of
the
whole
work
.
and
sometimes
dethron'd
.
But
to
leave
this
pleasing
Allegory
,
which
I
could
pursue
in
comparing
all
the
Members
of
the
Body
,
and
Faculties
of
the
Soul
with
the
constituent
Parts
and
Offices
of
Government
:
I
shall
,
instead
of
that
,
draw
a
short
Scheme
of
my
design
in
this
Work
,
which
I
had
never
undertaken
,
if
it
had
not
been
that
I
was
invited
to
it
by
a
Great
and
Wise
Minister
of
State
,
My
Lord
President
.
whose
glorious
Service
to
his
Prince
and
Country
will
be
celebrated
in
remotest
Ages
:
and
having
liv'd
to
make
some
Observations
on
the
Causes
and
Managery
of
the
Rebellion
against
King
Charles
the
Martyr
,
and
the
tendency
to
another
Civil
War
of
later
date
;
and
revolving
with
my self
,
that
though
many
wise
and
judicious
Persons
both
know
,
and
have
learnedly
writ
,
of
the
secret
Springs
and
Movements
of
them
,
infinitely
beyond
what
I
can
pretend
to
:
and
that
both
our
own
Country-men
have
,
in
Parts
,
writ
of
all
the
branches
of
the
English
Government
,
and
many
Foreigners
of
Politics
in
general
,
or
such
as
were
fitted
for
the
Governments
under
which
they
lived
;
yet
having
met
with
none
that
had
so
particularly
writ
of
the
Excellency
of
the
English
Monarchy
,
as
to
illustrate
it
so
as
it
might
be
useful
to
the
preventing
Seditions
and
Rebellions
,
and
to
clear
the
Commodiousness
and
Necessity
of
submitting
to
it
;
and
placing
a
great
Portion
of
our
happiness
here
in
living
under
it
,
I
conceived
it
might
be
a
profitable
Essay
to
excite
those
,
who
have
not
leisure
and
opportunity
to
peruse
great
and
numerous
Volumes
,
to
extract
,
for
their
use
,
such
things
as
had
occurred
in
my
poor
Reading
,
to
induce
them
to
prize
it
as
they
ought
,
and
to
furnish
them
with
such
Arguments
,
as
my
low
Reasoning
was
able
,
whereby
to
answer
the
Objections
of
our
late
Republicans
against
it
,
and
discover
their
Methods
of
Proceedings
towards
the
overthrowing
it
,
and
to
caution
all
the
well-meaning
Subjects
against
all
the
Arts
of
Factious
and
Seditious
People
and
Principles
.
And
though
I
cannot
promise
my self
the
success
I
wish
;
yet
I
hope
I
may
excite
some
more
knowing
,
learned
and
judicious
,
to
furnish
our
little
World
with
a
more
Copious
and
Elaborate
Piece
,
which
may
supply
my
defects
,
and
more
abundantly
satisfy
the
ingenious
and
curious
Reader
,
to
whom
I
shall
now
draw
the
Curtain
,
and
expose
the
Model
of
the
designed
Work
.
First
,
Therefore
,
[
](A46988-e11480-b)(d)
(d)
cap.
2.
as
a
Foundation
,
I
shall
treat
of
the
necessity
of
Government
in
General
;
In
which
Chapter
I
shall
discourse
of
its
Original
in
Families
,
&c.
[
](A46988-e11500-b)(e)
(e)
cap.
3.
Then
that
the
People
are
not
the
original
of
Government
.
Then
[
](A46988-e11510-b)(f)
(f)
cap.
4.
of
the
benefit
of
Government
in
instituting
Laws
;
In
[
](A46988-e11520-b)(g)
(g)
cap.
5.
securing
Property
and
other
particulars
.
From
this
I
proceed
to
treat
of
the
[
](A46988-e11530-b)(h)
(h)
cap.
6.
inconvenience
of
Democracy
,
and
of
the
several
[
](A46988-e11550-b)(i)
(i)
cap.
7.
Forms
of
Common
Wealth
Governments
,
before
and
in
,
Aristotle's
time
.
After
which
[
](A46988-e11570-b)(k)
(k)
cap.
8.
of
the
inconvenience
of
all
kinds
of
Republick
Governments
Then
of
the
preference
[
](A46988-e11580-b)(l)
(l)
cap.
9.
of
Monarchical
Government
before
all
others
.
In
all
which
Chapters
I
touch
upon
the
Principles
and
Practices
of
our
late
Republicans
,
which
having
dispatched
,
I
give
the
Character
of
a
good
[
](A46988-e11590-b)(m)
(m)
cap.
10.
King
in
general
.
Then
that
the
care
[
](A46988-e11600-b)(n)
(n)
cap.
11.
of
Religion
is
incumbent
upon
Kings
.
Then
of
the
[
](A46988-e11610-b)(o)
(o)
cap.
12.
Clemency
,
Prudence
,
[
](A46988-e11620-b)(p)
(p)
cap.
13.
Courage
[
](A46988-e11630-b)(q)
(q)
cap.
14.
and
Military
Conduct
of
Kings
;
of
the
[
](A46988-e11640-b)(r)
(r)
cap.
15.
burden
and
care
of
Kings
.
[
](A46988-e11650-b)(s)
(s)
cap.
16.
The
Excellency
of
Hereditary
Monarchy
.
Then
I
proceed
to
the
King's
Authority
and
[
](A46988-e11660-b)(t)
(t)
cap.
17.
Sovereignty
in
general
;
and
more
[
](A46988-e11670-b)(u)
(u)
cap.
18.
particularly
according
to
our
Laws
by
the
Enumeration
of
many
particulars
.
[
](A46988-e11680-b)(w)
(w)
cap.
19.
Then
,
as
a
Corollary
,
that
the
Sovereign
is
not
accountable
to
any
upon
Earth
.
That
the
King
is
not
to
be
[
](A46988-e11690-b)(x)
(x)
cap.
20.
Resisted
or
Rebelled
against
.
In
what
cases
he
may
[
](A46988-e11700-b)(y)
(y)
cap.
21.
dispence
with
the
Execution
of
the
Laws
of
his
Country
.
Then
I
treat
of
the
King's
Authority
[
](A46988-e11710-b)(z)
(z)
cap.
22.
in
making
Laws
,
and
of
the
Laws
of
the
Romans
in
Britain
,
and
of
the
British
and
German
Polity
.
Next
of
the
Saxons
[
](A46988-e11770-b)(a)
(a)
cap.
23.
great
Councils
,
of
whom
they
consisted
,
and
how
the
Laws
were
established
by
the
respective
Kings
.
Then
of
the
great
[
](A46988-e11780-b)(b)
(b)
cap.
24.
Councils
from
the
Conquest
to
the
beginning
of
Hen.
3.
Then
of
the
great
Councils
[
](A46988-e11800-b)(c)
(c)
cap.
25.
and
Parliaments
during
the
Reign
of
Hen.
3.
to
the
end
of
Edw.
3.
After
which
of
the
Parliaments
[
](A46988-e11830-b)(d)
(d)
cap.
26.
of
England
during
the
Reign
of
Edw.
2.
to
the
22.
of
King
Charles
the
2d
.
Then
of
Modern
[
](A46988-e11870-b)(e)
(e)
cap.
27.
rightly
constituted
Parliaments
,
and
of
the
Factious
[
](A46988-e11880-b)(f)
(f)
cap.
28.
Members
of
Parliaments
;
wherein
I
discourse
,
at
large
of
the
Encroachments
of
some
Parliaments
,
especially
of
some
Houses
of
Commons
.
Then
from
the
great
Council
I
pass
to
the
[
](A46988-e11890-b)(g)
(g)
cap.
29.
Right
Honourable
the
Privy
Council
,
their
Qualifications
,
to
be
at
the
King
's
sole
appointing
.
Of
Ministers
[
](A46988-e11900-b)(h)
(h)
cap.
30.
of
State
,
&c.
Then
of
the
King's
Sovereignty
in
appointing
[
](A46988-e11920-b)(i)
(i)
cap.
31.
Magistrates
,
[
](A46988-e11930-b)(k)
(k)
cap.
32.
Judges
,
Justices
[
](A46988-e11940-b)(l)
(l)
cap.
33.
of
Peace
and
their
Sessions
;
Of
the
Kings
Soveraignty
in
making
[
](A46988-e11950-b)(m)
(m)
cap.
34.
War
and
Peace
.
Concerning
[
](A46988-e11960-b)(n)
(n)
cap.
35.
raising
Money
upon
the
Subject
,
and
obligation
of
Subjects
to
supply
the
Soveraign
.
Having
thus
dispatched
the
particulars
,
that
more
immediately
relate
to
the
Soveraign
,
I
come
to
the
Subjects
,
and
first
discourse
[
](A46988-e11980-b)(o)
(o)
cap.
36.
of
the
Nobility
;
Then
of
the
[
](A46988-e11990-b)(p)
(p)
cap.
37.
Gentry
,
and
the
[
](A46988-e12000-b)(q)
(q)
cap.
38.
Commonalty
.
Then
of
the
disposition
[
](A46988-e12010-b)(r)
(r)
cap.
39.
of
the
Common
People
:
Next
of
the
Subjects
obedience
.
[
](A46988-e12020-b)(s)
(s)
cap.
40.
Which
last
leads
me
naturally
to
discourse
of
the
contrary
,
viz.
[
](A46988-e12040-b)(t)
(t)
cap.
41.
Faction
and
Sedition
,
and
the
causers
and
causes
of
them
under
Ten
several
heads
.
Then
of
the
signs
[
](A46988-e12050-b)(u)
(u)
cap.
42.
of
them
:
Then
of
the
[
](A46988-e12060-b)(w)
(w)
cap.
43.
Prognosticks
of
Faction
and
Sedition
;
After
which
I
pass
to
the
Remedies
[
](A46988-e12070-b)(x)
(x)
cap.
44.
of
Faction
and
Sedition
.
Then
of
the
Preservatives
[
](A46988-e12080-b)(y)
(y)
cap.
45.
against
Sedition
and
Faction
;
and
Lastly
,
of
Conspiracies
[
](A46988-e12090-b)(z)
(z)
cap.
46.
and
Rebellions
.
In
all
which
I
have
endeavoured
to
divert
the
Reader
with
variety
of
History
,
The
Authors
Apology
for
himself
.
and
Quotations
out
of
such
most
approved
Authors
as
I
judged
most
suitable
to
my
Design
,
and
would
be
most
grateful
to
the
Reader
;
whom
I
desire
,
according
to
my
poor
Talent
,
to
please
as
well
as
instruct
;
and
have
chosen
rather
to
give
him
the
Authorities
I
use
in
their
own
Language
,
and
thereby
be
just
to
the
Authors
,
than
to
follow
the
way
of
many
Writers
in
this
Age
,
who
though
they
take
the
Notions
and
Hints
from
such
as
have
writ
before
them
,
yet
by
varying
Expressions
and
new-wording
things
more
Modishly
,
their
Writings
pass
for
Originals
.
Because
I
design
this
Work
principally
for
the
Nobility
and
Gentry
,
as
well
as
the
Learned
of
all
Ranks
,
I
have
judged
it
a
duty
incumbent
upon
me
to
give
them
the
Greek
and
Latin
Quotations
,
whereby
they
may
be
excited
to
peruse
such
Authors
as
have
been
valued
in
all
Ages
;
and
lest
some
might
complain
of
the
interruption
by
them
of
the
continued
discourse
,
I
have
mostly
placed
them
in
the
Margent
,
upon
which
they
may
cast
their
Eye
,
only
when
they
please
.
And
though
the
whole
may
look
more
like
a
piece
of
Mosaic
Work
,
than
a
beautiful
Picture
to
be
viewed
uno
intuitu
;
yet
I
hope
the
Ingenious
Reader
will
find
,
that
as
I
have
bestowed
some
pains
in
disposing
and
placing
the
Gems
and
Stones
;
so
he
will
find
,
in
the
perusal
,
some
lively
Figures
and
Images
,
which
will
bear
proportion
to
the
great
Leviathan
of
Government
,
I
design
to
represent
;
and
though
I
cannot
pretend
to
heighten
and
enrich
all
things
with
floridness
of
Language
,
yet
he
will
find
something
to
commend
it
,
as
a
Country
piece
,
where
it
received
its
first
and
last
hand
.
Mr.
Hobs
having
adorned
the
Frontispiece
of
his
Leviathan
with
the
figure
of
a
Giant
's
Head
,
on
all
parts
of
which
are
swarms
of
all
Orders
,
Offices
,
and
Imployments
of
mankind
,
that
are
combin'd
in
Government
,
delineated
as
the
Picts
are
supposed
to
have
painted
their
Bodies
,
or
Trajan's
Column
is
engraven
.
A
Parallel
betwixt
the
Humane
Body
and
Government
.
So
I
think
it
not
improper
to
give
a
rude
draught
of
the
Comparison
betwixt
the
Parts
and
Offices
of
Humane
Bodies
and
of
the
great
Colossus
of
Government
—
Sic
parvis
componere
magna
—
The
common
People
I
may
not
unfitly
with
their
Tillage
and
Labor
,
call
the
common
Digestor
,
like
the
Stomach
that
affords
nourishment
to
this
great
Behemoth
;
the
[
](A46988-e12290-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
lib.
2.
Polit.
c.
2.
Philosopher
telling
us
that
the
Husbandman's
toyl
is
for
nourishment
.
The
Mechanical
Traders
are
the
Bowels
and
lacteal
Vessels
,
which
transmit
the
nourishment
in
the
inferiour
Belly
.
The
Merchants
are
the
Veua
Porta
.
The
lower
Magistrates
and
Corporate
Towns
may
be
resembled
to
the
Glandules
and
the
Viscera
,
that
promote
the
secretion
and
distribution
of
the
nutritive
Juices
.
The
Gentry
and
Yeomanry
are
the
Muscles
,
Ligaments
,
and
Membranes
which
make
up
the
fleshy
and
robust
Parts
.
The
wealthy
are
the
fat
and
plumpy
Parts
.
The
Learned
part
of
Mankind
may
be
judged
the
Organs
of
Sense
;
The
Military
the
Hands
and
Feet
;
The
solid
and
judicious
the
Bones
that
give
stability
and
erectness
.
The
Bishops
and
Judges
bear
some
parallel
to
the
Heart
and
Liver
,
by
whose
functions
the
Religion
and
Laws
are
brought
to
refinedness
and
a
racy
Spirit
.
The
Preachers
and
Pleading
Lawyers
have
some
Analogy
to
the
Lungs
and
Midriff
,
which
if
untainted
contribute
much
to
the
spiritualizing
of
the
blood
.
The
Nobility
are
the
Vital
Spirits
,
who
,
by
a
liberal
Education
,
give
a
generous
mien
to
the
whole
.
The
Counsellors
of
State
may
well
be
compared
to
the
Brain
,
from
whose
Spirits
the
progressive
and
regular
Motions
are
directed
.
The
Laws
Spiritual
and
Temporal
,
Leges
a
ligando
.
by
some
are
compared
to
the
Nerves
and
Sinews
,
that
bind
and
fasten
together
all
the
Contexture
;
or
may
be
resembled
to
the
Blood
which
permeates
the
whole
mass
and
keeps
every
part
from
putrefaction
.
The
Sovereign
is
that
Forma
Informans
,
that
divinae
particula
aurae
,
The
Philosophers
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
forming
Soul
,
the
Portion
of
Divine
Spirit
and
Ubiquitary
power
that
presides
and
governs
all
.
CHAP.
II.
Of
the
necessity
of
Government
in
general
,
in
Families
first
,
and
after
in
Societies
.
HAving
represented
Government
by
the
energy
of
the
Soul
in
the
combination
with
the
Body
in
individuals
:
The
next
Idea
of
it
illustrated
in
Families
.
The
first
Society
of
Man
and
Wife
.
Therefore
the
Philosopher
saith
,
[
](A46988-e12520-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
1
Polit.
c.
1.
There
is
a
necessity
to
conjoyn
those
,
whereof
one
cannot
be
without
the
other
,
as
Male
and
Female
for
the
cause
of
Procreation
.
To
which
according
to
Hesiod
[
](A46988-e12550-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Sit
Domusimprimis
,
vxor
&
Taurus
arator
.
he
adds
a
servant
:
but
supposing
in
the
first
beginning
there
were
no
men
servants
born
,
he
makes
that
an
Ox
,
as
being
the
usefullest
for
all
the
imployments
this
first
joyned
couple
had
use
of
in
Tilling
the
ground
,
and
I
doubt
not
but
under
that
name
he
includes
either
all
the
Creatures
serviceable
to
man
,
or
all
that
Species
,
as
Bull
,
Cow
,
Calf
and
Ox.
Therefore
the
same
great
Philosopher
[
](A46988-e12580-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Idem
c.
8.
The
second
society
of
a
Family
.
makes
it
his
first
consideration
of
Government
to
discourse
of
the
three
constituent
parts
of
a
Family
;
The
first
Despotic
of
a
Master
over
his
Servants
;
the
second
Paternal
,
of
a
Father
over
his
Children
,
and
the
third
Nuptial
,
which
is
the
Authority
of
the
Husband
over
the
Wife
;
and
from
hence
we
may
judge
that
Polybius
considered
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
about
which
a
late
Author
gives
a
large
account
.
Now
the
Master
of
the
Family
,
according
to
[
](A46988-e12630-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Pol
l.
1.
c.
1.
Aristotle
,
in
several
places
of
his
Politics
was
as
King
;
as
expresly
in
one
place
he
saith
,
Every
house
is
governed
by
Kingly
command
,
by
him
that
is
eminentest
in
Age.
The
Fathers
Government
.
In
which
short
sentence
we
may
note
,
that
this
must
relate
to
an
Infancy
in
the
World
before
Families
were
embodied
,
and
seems
to
overthrow
the
opinion
of
its
Eternity
ascribed
to
the
Philosopher
,
and
however
is
a
plain
illustration
of
the
Rise
and
Original
of
Kingly
Government
from
that
of
the
Paternal
.
In
this
Family
the
same
Philosopher
[
](A46988-e12700-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
P.
lib.
1.
c.
8.
distinguisheth
the
Husband's
rule
.
That
over
the
Wife
is
civilly
,
that
over
the
Children
Kingly
;
both
which
words
are
used
for
a
milder
sort
of
Government
,
than
that
which
was
masterly
over
Servants
.
So
that
it
is
not
to
give
Parents
the
Power
of
Saturn
to
devour
their
Children
;
nor
was
there
need
for
a
late
Author
[
](A46988-e12750-b)(d)
(d)
French
Monarchy
,
p.
68.
to
bewail
the
state
of
Children
under
such
a
Tyranny
(
as
he
accounts
it
)
of
Parents
.
For
I
shall
hereafter
I
hope
make
it
appear
that
Kingly
Government
is
of
all
other
the
least
Arbitrary
(
as
exercised
especially
in
England
)
and
that
Kings
are
justly
stiled
Patres
Patriae
,
Fathers
of
their
Countries
,
and
that
it
is
Kingly
as
well
as
Fatherly
,
to
govern
without
asperity
and
bitterness
,
by
benevolence
and
Paternal
care
,
which
never
was
known
in
Republican
Patriots
.
However
all
I
will
infer
at
present
from
hence
is
,
that
Government
is
coeval
with
Families
,
and
shall
speak
more
of
it
in
the
Chapter
of
Monarchy
.
Society
of
Families
.
From
these
private
Lares
and
Occonomies
sprung
up
Societies
.
For
man
being
of
all
the
Creation
only
endowed
with
Speech
,
and
that
furnishing
him
with
discourse
upon
things
troublesome
and
pleasant
,
profitable
and
unprofitable
,
just
and
unjust
;
For
[
](A46988-e12810-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
1.
c.
2.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
ib.
that
before
all
other
Creatures
,
saith
the
Philosopher
,
it
is
the
Property
of
man
that
he
alone
hath
the
sence
of
Good
and
Evil
,
Just
and
Unjust
;
from
thence
it
must
follow
not
only
that
man
is
a
sociable
Creature
,
or
fitted
for
Political
Government
,
but
that
Society
is
founded
in
Nature
.
For
the
Tongue
cannot
be
imploy'd
reasonably
but
in
Company
;
none
but
one
crazed
in
his
Sense
,
will
hold
Parly
with
himself
,
or
talk
to
himself
the
thoughts
of
his
heart
;
State
of
France
p.
1.
Nature
that
gave
man
a
Tongue
,
gave
him
also
Inclination
to
Society
,
where
he
might
use
it
,
Why
Man
is
Sociable
.
as
a
late
Author
out
of
Aristotle
words
it
.
The
same
is
demonstrated
by
the
Moral
Virtues
,
which
are
proper
and
peculiar
to
mankind
.
How
and
to
whom
shall
Justice
be
administ'red
but
amongst
men
?
How
shall
Fortitude
appear
but
upon
such
occasions
as
appear
amongst
men
?
Where
shall
Prudence
have
place
unless
in
debating
and
resolving
the
affairs
of
men
?
Who
can
be
liberal
if
he
gives
not
to
many
?
Who
shall
enjoy
the
sweets
of
Friendship
,
if
he
have
not
to
whom
he
may
be
a
Friend
,
with
whom
to
share
his
happiness
.
Nature
therefore
that
hath
made
Virtue
proper
to
man
,
hath
also
made
it
proper
to
man
to
live
in
Company
.
These
praecognita
being
granted
,
it
will
be
easy
to
evince
,
People
the
Subject
of
Government
.
that
no
Society
can
be
happy
without
Government
;
the
body
of
the
People
being
the
Subject
matter
of
it
;
of
which
the
Philosopher
[
](A46988-e12950-b)(a)
(a)
Polit.
lib.
4.
c.
4.
lib.
7.
c.
4.
lib.
6.
c.
1.
reckons
several
kinds
,
as
Fishers
at
Tarentum
and
Byzantium
,
Mariners
at
Athens
,
Merchants
at
Aegina
and
Chios
,
Skippers
at
the
Island
Tenedos
,
and
in
all
places
are
Husbandmen
,
Artificers
,
Soldiers
,
and
Nobles
;
so
that
Government
is
most
necessary
to
combine
these
into
Societies
for
mutual
safety
and
profit
.
Therefore
the
same
[
](A46988-e13020-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
1.
cap.
1
,
&
3.
Philosopher
observes
that
to
obey
and
command
(
which
are
the
Characteristics
of
Government
)
are
not
only
to
be
numbered
among
the
profitable
but
the
necessary
;
For
as
soon
as
we
are
born
we
fall
under
that
discrimination
.
The
great
[
](A46988-e13050-b)(c)
(c)
Sine
imperio
nec
dom●s
ulla
,
nec
civit●s
,
nec
gens
,
nec
hominum
universum
genus
stare
,
nec
rerum
natura
omnis
,
nec
ipse
mundus
potuit
.
Lib.
3.
de
.
L●
.
initic
.
Orator
assures
us
that
without
Government
,
The
necessity
of
Government
.
neither
House
,
City
or
Nation
,
nor
the
Complex
of
Mankind
or
Nature
,
nor
the
World
it self
could
subsist
.
So
the
divine
Plato
[
](A46988-e13100-b)(d)
(d)
Tom.
2.
p.
391.
tells
us
that
it
is
a
Law
established
by
Nature
,
that
the
Inferior
should
yield
to
the
Superior
in
Eminence
,
and
that
Law
would
be
inverted
if
we
did
not
yield
to
them
,
and
live
according
to
the
direction
of
our
Governors
.
So
the
Aborigines
in
[
](A46988-e13150-b)(e)
(e)
Genus
hominum
agresle
sine
legibus
sine
imperio
.
Sallust
are
those
only
which
are
reputed
a
wild
sort
of
men
without
Laws
and
Government
;
and
Tacitus
[
](A46988-e13180-b)(f)
(f)
Incerti
nimium
solutique
megis
sine
Dominoquamin
libertate
.
speaking
of
the
Babarous
Parthians
,
calls
them
loose
and
unsetled
,
rather
without
a
Lord
than
in
Liberty
:
and
there
may
be
good
reason
for
it
;
since
,
as
Justin
[
](A46988-e13210-b)(g)
(g)
Ab
exalibus
Seytharum
Parthorum
Impirium
suisse
dedudum
.
lib.
22.
notes
,
they
sprung
from
the
People
banished
from
the
Scythians
,
and
so
we
may
suppose
them
none
of
the
most
civilized
among
them
.
Uncontrouled
Liberty
may
seem
sweet
and
be
affected
by
a
sett
of
People
led
by
Appetite
only
,
The
Evil
of
Liberty
.
and
upon
the
first
notion
:
but
when
the
Wise
and
Sober
reflect
upon
the
inconveniences
of
it
(
where
lawless
and
unlimitted
)
there
inevitably
will
appear
a
necessity
of
Government
and
Laws
,
to
rescind
the
Luxuriousness
of
our
depraved
desires
,
without
which
we
should
all
run
into
Spruns
and
Ramel-wood
,
and
the
Capreoli
,
Suckers
,
Wi●s
,
Neque
sera
hominum
pectora
fr●geseunt
,
donec
vim
senserint
imperii
.
and
Brambles
would
choak
up
the
richest
Soil
;
yea
the
rude
dispositions
of
men
without
the
force
of
Government
,
would
not
more
be
broken
than
those
of
untamed
Beasts
.
Mr.
Hobs
[
](A46988-e13290-b)(h)
(h)
Levi
●han
.
hath
introduced
,
in
the
condition
of
Nature
,
an
imaginary
State
of
War
,
whereby
every
man
,
in
his
pure
Naturals
,
The
state
of
Nature
,
not
a
state
of
War
.
had
right
to
every
thing
his
brawny
Arm
,
or
daring
Soul
could
gripe
,
covet
,
or
affright
his
fellows
from
possessing
;
and
ascribes
to
his
Aborigines
such
a
baseness
and
villany
in
their
Nature
,
as
degrades
them
to
that
Bestiality
rarely
found
amongst
Savages
.
Allowing
them
scarce
Reason
,
or
such
an
one
as
was
wholly
subordinate
to
their
Appetites
;
as
if
he
had
taken
his
observation
from
the
Swine-Trough
,
where
he
had
seen
the
master
Boar
pass
from
Trough
to
Trough
,
to
drive
the
weaker
from
their
feeding
,
till
he
had
been
satisfied
.
[
](A46988-e13320-b)(a)
(a)
Earl
of
Clarendon's
Survey
,
c.
13
,
14
,
15.
All
which
(
saith
a
most
Judicious
Nobleman
)
he
doth
for
no
other
end
but
that
he
might
fit
man
for
those
Chains
and
Fetters
he
hath
provided
for
him
;
depriving
him
of
the
greatest
glory
and
happiness
that
can
be
attributed
to
him
of
Gentleness
and
Benevolence
,
which
is
conspicuous
in
man's
Nature
;
and
on
the
contrary
making
him
the
only
Creature
,
that
out
of
the
malignity
of
his
own
Nature
,
and
the
base
fear
he
makes
inseparable
from
it
,
should
be
obliged
,
for
his
own
benefit
,
and
the
defence
of
his
Rapine
,
to
worry
and
destroy
all
of
his
own
kind
,
till
they
all
became
yoaked
by
Covenant
of
his
own
contriving
,
never
yet
entered
into
by
any
one
man
,
or
in
Nature
possible
to
be
entred
into
;
as
in
due
place
I
shall
make
appear
.
Supposing
however
by
the
Law
of
Nature
,
every
man
may
defend
himself
and
annoy
those
whom
he
hath
power
over
;
[
](A46988-e13350-b)(b)
(b)
Review
of
observations
.
p.
20
,
21.
Whatever
the
state
of
Nature
was
,
yet
Government
is
necessary
.
yet
how
much
more
eligible
is
it
to
part
with
that
Right
,
and
yet
to
do
nothing
contrary
to
Nature
,
when
Reason
tells
us
we
shall
obtain
a
more
excellent
good
,
the
benefit
of
Peace
and
Prosperity
in
Society
;
which
together
with
Safety
and
Plenty
are
what
Government
aims
at
.
The
People
finding
by
reason
,
that
the
good
they
wanted
was
not
attainable
without
a
Common
Protector
,
to
administer
Justice
equally
amongst
them
;
and
the
sense
of
the
miseries
that
would
befal
them
sor
want
of
this
made
their
Routs
become
Societies
:
The
Salus
populi
,
in
the
Constitution
of
Government
being
the
prime
end
of
it
,
as
most
agreeable
with
the
joynt
Interest
of
Rulers
and
People
.
The
multitude
therefore
that
do
not
consider
the
Reason
,
that
made
all
People
commit
themselves
,
The
reasons
why
all
must
.
quit
the
state
of
Nature
,
to
submit
to
Government
.
their
lives
and
fortunes
to
the
trust
of
their
Rulers
,
ought
to
be
convinced
that
their
giving
up
their
Right
of
defending
themselves
and
subjecting
them
to
Government
,
and
restraining
their
own
Arbitrary
Wills
,
and
yielding
themselves
to
the
Conduct
of
their
lawful
Superiors
,
will
conduce
most
to
the
obtaining
of
that
most
excellent
good
,
the
benefit
of
Peace
and
Society
,
every
one
being
in
less
danger
of
mischief
from
the
rapacious
and
bloody
minded
,
living
in
Society
and
under
the
Protection
of
the
Government
,
than
where
every
one
might
follow
his
own
Inclinations
.
This
also
being
the
chiefest
preservation
from
that
Misery
and
Confusion
which
Sedition
and
Rebellion
(
generally
blanched
with
the
abused
names
of
Salus
populi
)
have
brought
many
Nations
to
.
so
the
Judicious
Chancellor
[
](A46988-e13410-b)(c)
(c)
De
laudibus
LL.
Angliae
,
c.
14.
Fortescue
saith
,
that
no
Nation
by
its
own
Consent
was
incorporated
into
a
Kingdom
,
but
that
thereby
they
might
,
Government
necessary
for
Preservation
.
with
more
safety
than
before
,
maintain
themselves
,
and
enjoy
their
goods
from
such
misfortunes
and
losses
as
they
stood
in
fear
of
.
Therefore
the
old
[
](A46988-e13460-b)(d)
(d)
Adversus
Mathematicos
lib.
2.
Stobaei
Serm.
42.
Persians
(
saith
Sextus
Empiricus
)
for
five
days
together
,
after
the
death
of
their
King
,
permitted
the
People
to
live
Lawless
,
that
after
the
Experience
of
the
Slaughter
,
Rapine
,
and
other
Outrages
committed
in
that
short
interval
,
they
might
learn
to
hold
the
Government
in
more
esteem
.
Self-preservation
and
an
ardent
desire
of
happiness
(
saith
a
[
](A46988-e13520-b)(w)
(w)
Nalson
Common
Interest
.
learned
Author
)
are
the
two
Poles
upon
which
all
our
Natural
and
Rational
desire
and
aversions
move
.
These
are
the
Tutelars
and
Inseparable
Companions
of
Mankind
through
all
the
vicissitudes
of
Life
.
These
are
the
potentest
incentments
to
Society
and
Government
,
which
not
only
allure
but
necessitate
the
Congress
,
Combination
,
and
Cement
of
Confederacies
in
Societies
,
for
the
mutual
Preservation
and
Peaceable
Possession
of
that
Happiness
all
do
covet
.
This
implanted
Love
to
our selves
made
all
Mortals
exercise
their
best
faculties
,
to
defend
and
ensure
themselves
against
every
thing
they
could
foresee
or
fear
would
be
capable
of
disturbing
their
felicity
,
the
peaceable
fruition
of
which
was
the
upshot
of
all
their
desires
and
appetites
;
which
was
no
ways
so
likely
to
be
effected
,
as
by
Union
in
Government
.
For
to
be
rich
and
not
able
to
defend
our
wealth
,
is
to
expose
our selves
as
a
prey
;
and
to
be
safe
and
poor
,
is
to
be
securely
miserable
:
both
which
are
avoided
by
the
benefit
of
Government
.
Furthermore
,
The
Common
People
not
to
be
ordered
without
Government
.
if
we
consider
the
nature
of
the
common
people
which
make
up
the
gross
body
,
we
shall
find
an
absolute
necessity
of
Government
.
For
as
the
Orator
[
](A46988-e13570-b)(x)
(x)
Cicero
pro
Planeio
.
observes
,
in
the
multitude
is
a
great
variety
and
change
of
opinions
,
they
are
as
unconstant
as
the
weather
,
nothing
being
so
familiar
with
them
as
the
change
of
their
affections
;
being
not
led
by
choice
and
wisdom
to
judge
of
things
,
sed
impetu
&
quadam
temeritate
,
without
Council
,
Reason
,
Discrimination
[
](A46988-e13590-b)(y)
(y)
Sallust
.
ad
Casarem
.
or
Diligence
to
search
the
Causes
,
and
forecast
the
Event
of
things
,
by
custom
rather
than
judgment
,
following
one
anothers
sentiments
,
as
to
their
short-sightedness
seems
most
eligible
:
Their
Wills
and
Appetites
being
no
less
various
than
their
features
and
countenances
:
Their
actions
and
designs
turning
to
as
divers
ends
,
as
the
desires
that
guide
them
are
divers
;
so
that
it
were
impossible
they
should
continue
long
together
in
society
and
peace
,
or
enjoy
the
benefits
desired
,
if
there
were
not
some
strong
tye
,
which
,
holding
them
united
together
,
should
draw
them
all
along
to
the
same
end
.
When
there
is
no
[
](A46988-e13610-b)(z)
(z)
Cum
nec
Imperii
majestas
ulla
nec
Magistratuum
aut
Curatorum
est
Imperium
.
Bodinus
de
Repub.
l.
4.
c.
1.
Government
,
Against
Anarchy
.
that
which
is
left
is
known
by
the
name
of
Anarchy
,
which
is
described
by
Bodinus
,
to
be
where
there
is
no
Majesty
of
Empire
,
nor
power
of
command
in
Magistrates
,
or
subordinate
Officers
;
no
form
of
a
City
,
none
found
to
command
or
obey
:
Of
all
Governments
(
continues
he
)
Tyranny
is
the
worst
,
but
of
all
Tyrannies
,
Omnium
deterrima
plebis
impotentissima
potestas
;
ex
his
tamen
omnibus
nihil
Anarchiae
magis
pestiferum
.
Idem
.
that
of
Many
is
most
pernicious
,
and
the
impotent
power
of
the
people
is
the
worst
;
yet
Anarchy
is
the
most
pestiferous
of
all
.
This
indeed
dissolves
all
into
the
first
confused
Chaos
,
where
is
nothing
of
order
but
a
jumble
of
jarring
parts
,
every
one
justiling
other
out
of
its
place
.
Imagine
a
person
placed
upon
such
an
Hill
that
he
might
see
below
him
a
confus'd
multitude
,
various
in
their
Interests
and
Appetites
,
let
loose
to
the
fiery
bent
of
their
wills
.
He
would
be
amazed
to
hear
the
boisterous
clamors
,
and
see
the
strange
turmoils
and
tempestuous
tossings
of
that
crowd
,
the
desultory
actions
,
and
all
the
pageantry
of
Garboiles
,
before
the
last
down-right
counter-scufflle
,
which
the
sage
wisdom
of
one
man
(
if
he
might
be
heard
)
would
be
able
to
compose
.
Even
so
it
is
in
Anarchy
,
or
whereever
the
Peoples
unbridled
will
governs
;
[
](A46988-e13700-b)(a)
(a)
Xenoph.
de
Rep.
Athenarum
.
Thucyd.
lib.
3.
this
is
a
Mart
wherein
voices
are
bought
and
sold
,
poverty
and
ignorance
driving
the
crowds
to
null
that
to
day
,
which
they
have
eagerly
pursued
the
day
before
;
scarce
forbearing
the
same
day
to
condemn
and
absolve
,
nothing
being
done
amongst
them
but
in
tumultuary
ferments
,
and
an
high
boyling
fret
,
or
a
dead
torpidness
and
irresolution
;
the
Ebbings
and
Flowings
of
the
Ocean
being
more
regular
than
theirs
;
whereas
all
Government
(
according
to
the
[
](A46988-e13720-b)(b)
(b)
Polit.
l.
4.
c.
4.
Philosopher
)
subsists
and
is
established
in
firmness
and
constancy
,
by
every
mans
knowing
what
is
his
right
to
enjoy
,
and
his
duty
to
do
,
or
as
[
](A46988-e13750-b)(c)
(c)
Coeius
hominum
Juris
consensu
&
utibitatis
communione
sociatus
.
De
Civitate
Dei
,
c.
23.
St.
Augustine
calls
it
,
a
society
of
Men
incorporated
for
common
benefits
,
by
the
agreement
of
Laws
.
It
is
a
grave
saying
of
[
](A46988-e13790-b)(d)
(d)
Populus
negligit
rempublicam
,
magnitudine
nimia
communium
curarum
expers
.
1.
Hist
.
Privata
cuique
stimulatio
vile
decus
publicum
.
2.
Annal.
Tacitus
,
That
the
common
People
neglect
the
affairs
of
the
Common-weal
,
by
their
over-bulkiness
,
void
of
publick
spirit
and
care
;
and
in
another
place
,
That
the
incentives
to
their
private
profit
produce
a
disregarding
neglect
of
the
publick
.
[
](A46988-e13840-b)(e)
(e)
Quod
omnia
aetatis
membra
,
familiasque
singulas
in
unum
corpus
cogit
.
De
Rep.
lib.
1.
Bodinus
compares
a
Common-wealth
or
Government
to
a
Ship
,
and
well
observes
,
that
without
the
Keel
(
which
unites
the
Stern
,
and
Fore-castle
,
Ribs
,
&c.
)
it
would
be
but
informe
lignum
:
So
a
Community
without
Government
(
which
unites
the
members
of
all
Ages
,
and
all
Families
in
one
body
)
can
no
ways
deserve
the
name
of
society
:
Such
a
People
headless
,
is
not
worthy
to
be
called
a
Body
Politick
;
for
Government
no
ways
consists
in
the
number
of
Persons
,
or
the
heads
of
Citizens
,
but
in
the
combination
of
them
,
under
one
Soveraign
Power
.
The
unwieldy
bulk
of
numerous
Armies
,
wanting
Conduct
and
Discipline
,
rarely
effect
any
glorious
enterprise
.
In
the
Tumults
of
Naples
,
the
Rascality
were
forced
to
set
up
an
Head
,
though
it
were
but
the
frothy
boisterous
Thomas
Anello
.
So
were
Cade
,
Ket
,
Tyler
,
and
others
in
our
popular
Rebellions
,
set
up
as
the
Captains
,
Leaders
,
and
Idols
of
the
Clowns
.
From
whence
we
may
learn
,
that
even
such
people
as
rose
up
(
as
they
pretended
)
to
suppress
Magistrates
,
Monarchy
or
Tyranny
,
level
Estates
,
and
set
all
at
liberty
,
yet
once
imbodied
,
were
forced
to
chuse
Captains
to
lead
them
,
to
whose
Orders
there
was
a
necessity
of
submission
.
If
we
thoughtfully
consider
,
How
Superiority
and
Government
founded
in
Nature
.
we
shall
find
that
Government
is
founded
in
nature
,
in
which
state
there
is
no
such
thing
as
equality
;
for
the
Parent
,
by
priority
of
natural
cause
,
must
be
superior
to
the
Children
.
Yea
,
if
we
should
believe
People
to
be
Juvenes
ab
Aquilone
creati
,
like
Grashoppers
or
Locusts
,
or
like
Cadmus
his
men
,
sprung
up
at
once
out
of
the
Earth
,
underived
from
any
pre-existent
Parent
,
all
of
them
having
equal
Origin
and
Power
;
yet
a
short
converse
one
with
another
,
would
have
necessitated
them
to
embody
in
Societies
.
We
Christians
believe
God
made
Man
after
his
own
Image
,
Dominion
given
to
Man
.
and
gave
him
dominion
over
all
the
Creatures
of
our
sublunary
world
;
and
it
is
not
reasonable
to
think
,
that
he
endowed
him
not
with
faculties
necessary
for
the
administration
of
that
great
Empire
,
not
only
over
the
Brutes
,
but
over
his
own
Species
.
For
the
Philosopher
[
](A46988-e14000-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
1.
Polit.
c.
5.
notes
,
that
nature
hath
made
some
fit
to
command
,
and
others
to
obey
or
serve
;
of
which
we
have
many
and
great
Instances
:
So
Julius
Caesar
and
others
(
whose
great
actions
are
recorded
in
History
)
manifested
more
sublime
Spirits
,
than
any
of
those
who
were
subdued
by
them
;
Some
born
to
Empire
.
and
when
those
great
Heroes
were
dead
,
though
their
Officers
and
Soldiers
survived
(
by
whose
prowess
and
valour
they
had
effected
those
wonders
)
yet
we
read
of
a
suddain
degeneracy
,
as
if
the
soul
had
expired
,
and
left
the
carcass
only
of
an
Army
.
The
Orator
observes
,
that
no
Nation
was
ever
so
Barbarous
,
No
Nation
so
Savage
,
wherein
some
Government
hath
not
been
.
as
to
be
wholly
void
of
Religious
Worshippers
,
since
every
where
,
some
Deity
or
other
hath
been
acknowledged
.
Even
so
we
may
affirm
,
that
never
any
People
were
so
rude
,
wild
,
and
savage
,
but
they
found
a
necessity
of
Government
,
of
which
they
had
at
least
,
in
their
first
embodying
,
some
unpollished
Model
,
and
some
sort
of
Institutes
appointed
by
,
and
coeval
with
their
Governours
,
by
which
their
political
interests
and
private
concerns
were
regulated
,
without
the
infinite
disorder
which
would
happen
to
all
publick
transactions
,
which
should
be
the
product
of
tumultuous
votes
,
where
every
meeting
would
be
a
jumble
of
great
and
small
,
The
Mischiefs
of
tumultuous
voting
,
and
want
of
Magistrates
.
soft
and
hard
sculls
,
a
pudling
of
business
,
and
putting
all
things
to
chance
,
and
blundering
in
a
maze
,
till
at
last
some
Mens
wisdom
formed
them
into
order
.
How
then
is
that
condition
of
a
People
to
be
wailed
,
which
Tacitus
[
](A46988-e14110-b)(g)
(g)
Ea
demum
libertas
Romae
est
,
non
Senatus
,
non
Magistratus
,
non
Leges
,
non
Mores
Majorum
,
non
Instituta
Patrum
.
1
Annal.
describes
to
be
the
Roman
State
of
liberty
,
wherein
there
was
no
Senate
,
no
Magistrates
,
no
Laws
,
no
Ancient
Usage
,
no
Institutes
of
the
Fathers
.
From
all
which
we
may
conclude
,
that
the
same
nature
that
ordered
societies
,
gives
them
prudence
to
know
that
to
preserve
the
Society
and
the
peace
of
it
,
it
was
necessary
,
that
there
should
be
one
or
some
,
who
,
laying
aside
private
advantage
and
particular
Interest
,
should
imploy
their
minds
,
bend
all
their
thoughts
,
and
direct
their
actions
for
the
publick
good
,
and
by
the
sinews
of
power
hold
all
so
fast
united
,
as
they
should
guide
them
to
the
same
end
;
and
we
must
determine
,
that
Government
is
absolutely
necessary
for
the
being
and
well-being
of
a
People
,
though
there
be
servitude
in
it
,
which
made
Seneca
(
comparing
Augustus's
times
with
the
preceding
irregular
ones
)
say
,
Salva
esse
Roma
non
potuit
,
nisi
benesicio
servitutis
.
The
City
could
not
have
been
safe
without
the
benefit
of
servitude
.
CHAP.
III.
That
the
People
are
not
the
Original
of
Authority
and
Government
.
BEfore
I
proceed
to
treat
of
the
several
forms
of
Government
;
I
judge
it
requisite
to
examine
some
positions
made
use
of
by
Republicans
;
so
long
at
least
,
as
they
argue
against
Monarchical
Government
,
or
till
they
obtain
their
ends
in
the
subverting
of
it
.
One
of
which
is
,
that
supreme
power
is
originally
and
fundamentally
in
the
People
,
for
whose
benefit
all
Government
was
established
.
Secondly
,
That
there
is
a
tacit
reservation
of
power
in
them
,
to
vary
the
form
of
Government
,
and
change
the
Persons
when
the
people
finds
it
convenient
for
them
.
The
Law
of
Nature
,
as
they
say
,
justifying
any
attempt
to
shake
off
those
Bonds
and
Fetters
imposed
on
them
by
their
Superiors
,
or
voluntarily
yielded
to
by
themselves
,
if
they
judge
that
thereby
their
common
Freedom
is
impeached
;
for
that
,
they
say
,
the
People
never
submitted
to
any
Government
,
but
by
way
of
Agreement
and
Contract
,
unless
in
cases
of
absolute
Conquest
.
Therefore
one
(
whom
the
Commonwealth-men
esteem
their
[
](A46988-e14240-b)(a)
(a)
Mr.
Algernon
Sydney
.
Martyr
)
asserted
,
That
Kings
have
Usurped
over
the
People
a
power
inconsistent
with
their
natural
liberty
,
and
that
Kings
owe
their
right
to
prescription
,
which
the
greatest
Tyrant
may
maintain
by
force
,
and
to
that
consent
which
they
may
procure
by
violence
or
flattery
.
I
am
sensible
,
that
I
might
more
orderly
have
placed
what
I
have
to
answer
to
these
assertions
,
in
the
Chapter
of
Monarchy
;
but
intending
to
prove
that
to
be
the
best
of
all
the
known
Governments
,
and
that
Chapter
and
the
other
preceding
it
,
being
so
large
,
I
judge
it
not
so
fit
to
clog
it
with
this
,
but
make
it
as
a
preliminary
.
For
though
I
oppose
Monarchy
principally
to
this
sentiment
;
yet
it
hath
something
in
it
also
of
use
,
to
the
right
stating
of
the
Original
of
Government
in
general
.
First
therefore
I
shall
endeavour
to
evince
,
That
God
Almighty
was
the
Original
Donor
of
the
Authoritative
Power
of
Government
,
The
Power
was
given
from
God
to
One
,
and
not
to
Many
;
there
neither
was
nor
is
Natural
Freedom
.
and
that
not
to
any
collective
body
of
the
People
;
Secondly
,
that
there
never
was
such
a
state
of
primitive
freedom
,
or
natural
liberty
,
as
is
challenged
;
Thirdly
,
That
where
ever
the
Peoples
Election
was
admitted
in
constituting
a
Soveraign
,
they
capitulated
not
for
any
reservery
of
power
of
resumption
;
and
Lastly
,
that
in
the
present
State
of
our
English
Monarchy
,
no
such
Power
ought
to
be
challenged
.
First
then
(
with
a
Reverend
[
](A46988-e14340-b)(b)
(b)
Dr.
Hammond's
Address
to
the
Lord
Fairfax
,
p.
8
,
9.
The
State
of
Government
in
the
first
Ages
Kingly
.
Author
)
it
is
to
be
considered
,
that
if
Adam
had
never
fallen
,
and
his
posterity
had
remained
in
the
same
innocence
,
yet
in
order
to
civil
life
,
they
would
have
been
capable
of
civil
precept
,
and
in
reason
one
man
,
or
more
,
should
have
had
the
superiority
over
all
others
,
as
Parents
over
Children
;
and
the
consideration
of
the
divers
orders
of
Angels
,
that
never
fell
,
evidenceth
,
that
even
in
the
state
of
Innocency
,
God
designed
Superiority
,
not
Equality
.
But
since
from
the
Fall
it
is
apparent
,
that
the
irregular
passions
of
Men
,
have
caused
a
need
both
of
Rules
and
Rulers
,
Laws
and
Law-makers
:
it
was
but
reasonable
that
God
should
,
and
it
is
most
certain
that
he
did
design
and
appoint
Government
;
and
so
gave
not
man
that
freedom
which
is
supposed
to
be
the
foundation
of
this
Doctrine
.
Hence
we
may
note
what
God
says
to
Eve
,
Gen.
3.16
.
That
her
desire
shall
be
subject
to
her
Husband
,
and
he
shall
rule
over
her
:
so
that
here
is
the
first
Dominion
.
And
the
second
we
find
in
Scripture
,
is
,
Gen.
4.7
.
where
God
tells
Cain
that
his
Brother
Abel's
desire
shall
be
subject
to
him
,
and
he
shall
rule
over
him
;
and
this
was
as
he
was
the
first-born
,
though
after
he
wickedly
slew
Abel
.
We
have
reason
to
judge
,
(
according
to
Scripture
)
that
God
gave
Adam
(
as
an
universal
Monarch
)
Dominion
over
all
his
Fellow
Creatures
,
and
of
all
Men
that
should
be
born
into
the
World
as
long
as
he
liv'd
,
and
the
like
may
be
said
of
Noah
:
so
that
whatever
property
(
as
it
is
clear
Cain
and
Abel
had
)
and
what
share
of
Government
over
any
part
of
the
World
,
either
of
their
Sons
had
,
they
held
it
all
of
them
originally
by
gift
and
Assignment
,
Allotment
and
Authority
,
without
awaiting
the
Election
or
consent
of
,
or
entring
into
any
Articles
or
Capitulations
with
the
People
that
were
to
be
governed
by
them
.
So
that
in
the
Infancy
of
the
World
all
Men
were
born
Subjects
,
either
to
him
that
was
naturally
their
Father
,
or
to
him
that
by
Right
of
Primogeniture
was
representatively
their
Father
.
That
this
continued
for
many
succeeding
Generations
is
most
apparent
in
the
Blessing
that
Jacob
and
Esau
receiv'd
from
their
Father
Isaac
.
For
Rebecca
knowing
that
such
a
Blessing
was
of
the
same
force
,
that
now
the
last
Will
and
Testament
,
or
Deed
of
Gift
of
a
Parent
is
,
and
of
much
more
absolute
force
,
contrived
that
way
to
obtain
the
Blessing
of
Primogeniture
for
her
Son
Jacob
,
that
his
Brother
Esau
might
serve
hm
.
[
](A46988-e14630-b)(c)
(c)
Dudley
Digs
,
p.
15.
After
the
multiplying
of
Mankind
(
though
I
cannot
say
with
a
Learned
Author
,
there
were
so
many
absolute
Princes
within
the
compass
of
a
Parish
,
that
a
Man
had
scarce
room
to
walk
in
a
Territory
,
when
a
Common-wealth
was
lodged
in
a
Cottage
)
yet
it
appears
from
Gen.
10.32
.
That
the
Families
that
sprung
from
Noah's
Sons
divided
the
Earth
,
and
gave
distinction
to
Nations
,
and
the
Cadets
of
the
first
Houses
travelling
to
distant
places
,
exercised
Authority
,
and
gave
Laws
to
their
Descendants
;
and
being
thus
separated
to
settle
new
Plantations
,
every
Planter
becoming
so
by
himself
a
Father
,
encreased
to
a
Family
,
and
that
into
divers
Families
,
those
into
a
City
,
and
thence
into
divers
Cities
,
and
at
last
into
a
large
Dominion
.
[
](A46988-e14680-b)(d)
(d)
Review
of
Observations
,
p.
2.
So
that
a
King
in
the
first
Ages
of
the
World
was
no
more
than
a
common
Father
,
either
by
natural
right
,
as
a
Parent
,
or
after
by
a
legal
Right
,
as
the
eldest
Descendant
of
such
a
Father
;
and
when
the
pleasantness
or
profitable
commodiousness
of
one
Soil
allured
several
to
covet
it
,
then
arose
Contests
,
and
the
Conqueror
possess'd
it
,
forcing
the
Conquered
to
seek
other
Habitations
,
or
made
them
his
Slaves
,
and
so
a
Succession
of
some
brave
Princes
enlarged
their
Dominions
to
Empires
,
establishing
them
by
just
Laws
,
and
good
Government
.
So
upon
the
overthrow
and
breaking
up
of
Kingdoms
,
Instance
may
be
given
that
some
victorious
Person
obtain'd
the
Peoples
Subjection
to
him
;
for
that
being
depriv'd
of
their
natural
common
Father
,
and
Sovereign
,
they
necessarily
entertained
such
supply
of
their
loss
,
as
their
Fortunes
could
best
afford
them
:
and
whatever
those
conquered
People
did
,
it
was
no
other
but
the
chusing
of
one
to
bear
the
known
Office
of
the
true
natural
common
Father
;
even
as
those
might
do
,
who
either
like
Swarms
and
Colonies
,
voluntarily
separated
from
the
main
Stock
,
to
more
roomy
and
rich
Plantations
;
or
those
who
escaped
from
the
Conquerors
Sword
into
a
remote
unpeopled
Land
,
setled
themselves
in
Society
,
and
under
the
Government
of
one
.
For
as
hereafter
I
shall
make
it
appear
,
the
world
was
grown
to
a
great
Age
,
e're
any
form
of
Government
was
known
but
what
was
Kingly
.
Whereas
if
the
People
had
known
of
any
such
Right
they
had
of
Government
inherent
in
,
and
connatural
to
themselves
,
we
should
in
the
Sacred
or
Prophane
Histories
have
had
Instances
of
it
:
whereas
we
find
the
very
Savage
Americans
(
who
,
if
any
People
,
live
according
to
natural
Instinct
)
to
be
govern'd
by
Kings
,
and
not
Republics
.
Having
thus
far
Illustrated
the
Government
in
the
Golden
Age
of
the
World
,
wherein
we
find
no
Footsteps
,
or
the
least
tract
of
any
popular
Suffrages
,
but
an
entailing
of
Sovereign
Authority
;
We
may
farther
consider
,
God
appointed
Kings
.
that
the
Government
of
the
several
Kingdoms
in
this
World
have
been
,
and
are
by
the
appointment
of
the
Sovereign
of
the
whole
World
,
not
only
by
Gods
appointment
of
Moses
,
the
several
Judges
,
and
Kings
of
Israel
,
and
Judah
;
but
by
the
frequent
expressions
in
Scripture
,
that
by
God
Kings
Reign
,
that
Kings
are
the
Ministers
of
God
,
that
God
will
give
deliverance
to
his
King
,
to
his
anointed
,
&c.
By
which
Expressions
we
may
rationally
[
](A46988-e14780-b)(e)
(e)
Jus
Reg.
p.
15.
21.
conclude
that
God
hath
reserved
to
himself
the
immediate
Dependance
of
the
supream
Power
,
to
shut
out
the
restless
and
extravagant
Multitudes
from
the
frequent
Revolutions
they
would
make
,
and
the
desolations
they
would
occasion
,
if
they
had
any
ground
to
think
the
supream
Power
depended
on
theirs
,
or
that
they
were
not
bound
to
obey
for
Conscience
sake
their
Governours
.
Whence
also
are
they
stiled
Gods
,
but
to
denote
they
were
not
made
by
Men
?
And
as
it
is
most
clear
that
inferior
Magistrates
derive
their
Power
from
the
King
,
and
not
from
the
People
,
as
supream
:
so
by
that
Analogy
which
runs
in
a
dependance
,
and
chains
through
the
whole
Creation
,
Kings
should
derive
their
Power
from
God
alone
,
who
is
their
King
,
and
,
as
the
[
](A46988-e14810-b)(f)
(f)
Rom.
13.
v.
13
,
14.
Apostle
saith
,
are
ordained
of
God
,
and
so
no
humane
Ordinance
:
for
Supremacy
is
affixt
to
the
King
,
but
Governors
are
sent
by
him
;
and
if
the
King
were
the
Creature
or
Creation
of
the
People
,
it
would
have
been
express'd
that
they
were
commissioned
,
or
sent
by
them
;
whereas
it
is
expresly
said
,
They
are
of
God
.
That
Kings
or
Sovereigns
derive
their
Power
from
God
alone
,
The
Testimony
of
Authors
.
and
consequently
not
from
the
People
,
is
attested
by
the
joint
consent
of
all
unbiass'd
Learned
Men
,
Fathers
and
Schoolmen
in
all
Ages
,
who
have
unanimously
given
their
Suffrages
for
the
same
,
as
grounded
upon
solid
Reason
.
[
](A46988-e14860-b)(g)
(g)
Contra
Gentes
.
So
Tertullian
saith
,
Let
Kings
know
that
from
God
only
they
have
their
Empire
,
in
whose
Power
they
only
are
.
So
St.
[
](A46988-e14880-b)(h)
(h)
De
Civitate
Dei
,
lib.
5.
cap.
21.
Augustine
,
Let
us
not
attribute
to
any
other
the
Power
of
giving
Kingdoms
,
and
Empires
,
but
to
the
true
God
.
So
in
the
Civil
Law
,
[
](A46988-e14930-b)(i)
(i)
Cod.
de
veteri
Codice
enucleand
.
we
find
Deo
anctore
,
nostrum
gubernante
Imperium
,
quod
nobis
à
Coelesti
Majestate
traditum
:
God
being
the
Author
,
governing
our
Empire
,
which
was
delivered
to
us
from
the
Heavenly
Majesty
.
[
](A46988-e14960-b)(k)
(k)
Novel
.
6.
Instit.
Nov.
40
,
45
,
46
,
133.
pr.
Justinian
acknowlegeth
his
Obligation
to
take
care
of
his
People
,
because
he
received
the
charge
of
them
from
God
.
And
certainly
the
People
are
happier
in
such
acknowledgments
,
than
if
Kings
think
it
only
a
charge
conferred
on
them
by
the
People
,
and
that
they
were
therefore
only
answerable
to
them
.
The
Reader
that
would
be
further
satisfied
,
may
consult
Arniseus
,
Cap.
de
essentia
majestatis
.
Marca
Archbishop
of
Paris
de
Concordia
Sacerdotum
&
Imperii
,
Lib.
2.
Cap.
2.
Num.
2.
Graswinckelius
de
Jure
Majestatis
,
Cap.
8.
Num.
2.
The
Learned
and
Loyal
Kings
Advocate
of
Scotland
,
and
the
Authorities
I
have
cited
in
the
Chapter
of
Monarchy
.
Besides
what
I
have
urged
hitherto
we
may
(
with
a
[
](A46988-e15110-b)(l)
(l)
Dr.
Hammond's
Address
,
p.
10
,
11.
Reverend
Author
)
consider
that
the
Sovereign
hath
an
higher
Power
than
the
People
can
give
,
not
as
representing
them
;
but
as
representing
God
himself
.
For
every
supream
Magistrate
hath
a
Power
that
never
was
in
the
People
to
give
;
for
never
any
Man
was
by
God
or
Nature
invested
with
Power
of
his
own
Life
to
take
it
away
,
or
kill
himself
lawfully
.
For
all
Christians
generally
declare
against
this
Self-murther
,
as
a
Crime
equally
against
the
sixth
Commandment
,
as
the
killing
of
any
other
Man
.
Now
this
Power
of
Life
being
so
essential
a
part
of
the
Supremacy
,
and
no
part
of
the
natural
Liberty
,
cannot
be
inherent
naturally
in
a
Community
of
Men
,
which
have
no
more
Power
so
united
,
than
each
single
Person
hath
.
So
that
though
it
cannot
be
said
with
some
,
Nemo
est
dominus
Membrorum
suorum
(
for
Man
hath
the
power
over
his
Members
,
to
cause
one
to
be
cut
off
,
for
the
preserving
the
whole
;
and
the
Jew
under
Gods
own
Government
,
had
power
to
make
himself
a
Slave
)
yet
this
Jus
Gladii
,
the
Right
and
Power
of
the
Sword
(
which
is
really
the
Sovereign
Power
)
is
by
the
[
](A46988-e15180-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Rom.
13.2
.
Ordinance
of
God
,
not
the
Donation
of
the
People
.
For
it
was
not
in
the
Power
of
the
People
to
dispense
with
Gods
Precept
,
Thou
shalt
not
kill
,
nor
to
distinguish
shedding
of
Blood
with
the
Sword
of
Vengeance
,
from
Murther
;
and
consequently
the
Power
is
not
deriv'd
to
Kings
and
Princes
by
private
Men
,
who
cannot
transfer
that
Power
they
never
had
;
according
to
that
known
Maxim
,
Nemo
plus
juris
transferre
ad
alium
potest
,
quam
ipse
habet
:
but
it
's
bestowed
on
them
by
God
Almighty
,
who
is
the
sole
Arbiter
of
Life
and
Death
,
who
can
only
take
it
away
,
because
he
gave
it
.
The
supream
Magistrate
therefore
,
as
God's
Deputy
,
hath
the
Power
communicated
to
him
,
as
an
Endowment
necessary
to
that
Power
which
is
design'd
to
protect
and
govern
others
.
So
Agamemnon
having
received
contumelious
Language
from
his
Officers
in
a
Council
of
War
,
to
let
them
understand
his
Sovereign
Power
,
tells
them
[
](A46988-e15240-b)(n)
(n)
Homer
,
Hiad
.
6.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
That
he
had
Power
of
Death
.
When
Kings
are
Elective
,
though
it
be
the
act
of
the
People
,
and
not
of
God
immediately
that
designs
or
nominates
the
Person
to
that
Office
;
yet
doth
not
this
Nomination
bestow
this
Power
;
but
God
who
alone
hath
this
Power
,
bestows
it
on
him
who
is
so
Elected
.
Which
we
may
illustrate
by
the
Example
of
chusing
inferiour
Officers
.
For
though
a
Corporation
by
the
Grant
of
a
Sovereign
,
hath
Power
to
chuse
a
Mayor
,
or
chief
Officer
;
yet
they
give
him
not
the
Power
of
Executing
that
Office
so
and
so
:
For
that
is
appointed
and
limited
by
the
King
's
especial
Grace
and
Favour
.
The
nominating
of
the
person
being
granted
to
them
by
the
Sovereign
,
but
the
qualifications
of
his
Office
and
Power
,
are
by
the
sole
Prescript
of
the
King's
Charter
and
Laws
.
Having
hitherto
founded
my
Reasoning
upon
the
History
of
Moses
,
and
the
Authority
of
Scripture
,
I
might
bring
in
a
long
Discourse
out
of
prophane
Historians
,
Greeks
,
and
Romans
,
as
well
as
more
modern
Writers
,
who
give
an
account
of
the
Foundations
of
Kingdoms
;
but
since
a
late
[
](A46988-e15320-b)(o)
(o)
French
Monarchy
,
p.
16.
Author
hath
made
such
a
flourish
out
of
Polybius
,
slily
and
maliciously
endeavouring
to
represent
Monarchy
as
a
Tyrannical
Government
,
wh●
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
three
constituent
parts
,
viz.
Monarchy
,
Aristocracy
,
Democracy
were
not
so
evenly
poiz'd
,
and
attemper'd
,
ad
pondus
,
as
Lycurgus
endeavoured
it
in
the
Lacedaemonian
State
:
I
shall
content
my self
with
an
Epitome
(
not
a
Paraphrase
,
as
the
forementioned
Author
hath
made
)
of
what
Polybius
[
](A46988-e15410-b)(p)
(p)
Lib.
6.
Histor.
p.
197.
Edit.
Basil
.
hath
left
in
his
Excellent
History
;
wherein
he
deducing
matters
from
such
an
Original
as
those
who
knew
not
,
or
believed
not
the
Creation
could
do
,
delivers
us
his
sence
of
the
mutations
and
managery
of
Government
to
this
purpose
.
That
when
by
reason
of
some
great
Inundation
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
great
Plague
or
Death
,
all
Institutions
and
Arts
having
been
lost
;
In
process
of
time
,
by
the
propagation
of
those
that
escap'd
these
Devastations
,
a
multitude
grew
who
herded
according
to
their
kind
,
and
for
the
weakness
of
their
Party
(
in
respect
of
ravenous
Creatures
as
well
as
their
Savage
Neighbors
,
we
may
suppose
)
they
associated
together
,
it
necessarily
followed
that
he
who
in
the
Strength
of
his
Body
,
and
confidence
of
Spirit
excell'd
the
rest
,
obtain'd
the
Princedom
and
Empire
,
as
we
see
in
Bulls
,
Goats
,
Cocks
,
&c.
and
so
the
rest
obey'd
that
Man
who
was
properly
the
Monarch
,
and
in
Process
of
time
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
by
familiar
Conversation
,
and
living
together
under
this
one
Head
,
like
a
select
Flock
or
Herd
,
these
Mortals
began
to
think
of
Honest
and
Just
,
and
their
contraries
,
and
by
the
noble
or
ignoble
actions
of
some
of
the
Society
,
the
Sence
of
Honour
and
Disgrace
was
impress'd
in
their
Minds
,
and
consequently
of
Profitable
and
Incommodious
.
[
](A46988-e15500-b)(q)
(q)
Idem
,
pag.
198.
He
that
was
their
Governour
excelling
in
Power
,
and
in
the
opinion
of
all
endowed
with
those
qualifications
,
were
judged
good
and
profitable
,
and
administring
to
his
Subjects
,
what
was
competent
to
every
of
them
.
They
now
fearing
no
violence
,
most
willingly
submitted
themselves
to
him
,
and
he
being
venerable
to
them
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
with
unanimous
consent
they
impugn
and
revenge
themselves
on
those
who
oppose
or
conspire
against
his
Government
;
and
so
from
a
Monarch
he
becomes
a
King
,
when
reason
had
obtain'd
the
Principality
,
which
before
Fierceness
and
Power
possess'd
.
So
that
in
all
this
first
settlement
of
Monarchy
or
a
Kingdom
(
in
the
purest
state
of
Nature
we
can
conceive
describ'd
)
we
have
no
mention
in
this
judicious
Author
,
of
Compact
,
with
the
People
,
or
Election
,
but
of
submitting
.
It
is
true
upon
the
degeneracy
of
Kings
,
Factions
arising
,
he
speaks
of
Election
,
not
of
those
of
strong
Bodies
only
,
and
daring
Souls
;
for
such
he
presumes
made
themselves
Masters
;
but
of
such
as
by
their
Wills
and
Reason
(
experimentally
discover'd
in
their
Actions
)
were
most
agreeable
to
the
Peoples
liking
.
But
that
this
was
done
by
the
force
of
Faction
,
appears
from
what
he
subjoins
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
that
those
who
were
thus
destined
for
the
Kingdom
,
selected
special
places
,
and
encompassed
them
with
Rampiers
,
or
Walls
,
fortifying
them
for
the
security
of
themselves
,
and
to
supply
their
Subjects
with
necessaries
;
from
whence
arose
the
great
Cities
which
had
large
Sokes
,
by
which
means
they
possess'd
the
whole
Country
of
the
Kingdom
.
I
do
own
that
he
makes
offence
and
hatred
of
the
People
,
or
envy
against
the
succeeding
Princes
who
were
debauched
and
degenerated
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
to
be
the
causes
why
in
process
of
time
some
of
the
Noblest
became
the
leaders
of
the
People
,
to
repress
such
Princes
,
and
root
out
the
Monarchy
and
Kingdom
:
But
still
it
was
because
Factions
encreased
,
and
so
Aristocracy
was
changed
into
Oligarchy
;
which
set
of
Rulers
oppressing
the
People
,
whose
discontents
being
observ'd
by
some
popular
Persons
,
they
animated
them
to
join
to
subvert
the
Oligarchy
.
Hitherto
we
find
nothing
of
the
imaginary
delegation
of
the
Peoples
Power
to
one
or
more
,
but
prosperous
events
crown'd
their
Rebellions
against
their
Superiors
.
What
follows
is
observable
,
that
the
People
having
slain
the
Optimacy
,
fearing
the
Injustice
of
Superiors
,
they
durst
not
set
a
King
over
themselves
,
nor
trust
the
Government
in
the
hands
of
a
few
,
having
so
late
Instances
of
their
Tyranny
and
Sloth
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
So
the
single
and
sincere
Hope
which
was
only
left
in
themselves
,
induced
them
to
establish
a
Democracy
,
and
so
to
themselves
receive
the
Trust
and
Providence
of
the
Common-weal
,
which
the
[
](A46988-e15640-b)(r)
(r)
French
Monarchy
,
or
Absolute
Power
,
p.
20.
Paraphrast
calls
their
last
untainted
hope
,
founded
on
themselves
,
that
is
,
in
their
own
Strength
.
So
that
till
the
forms
of
Government
by
a
King
or
Tyrant
,
Aristocracy
or
Oligarchy
were
wholly
subverted
,
we
hear
not
a
Syllable
of
the
Peoples
challenging
a
power
,
and
then
it
is
no
wonder
(
when
they
have
slain
the
richest
,
and
divided
the
spoil
,
and
have
entertained
an
opinion
that
they
shall
never
be
Servants
more
;
but
live
in
an
equal
Freedom
and
Wealth
)
if
they
be
blown
up
with
a
popular
Pride
,
and
call
themselves
the
supream
Power
.
But
what
is
this
to
the
natural
Freedom
pleaded
for
,
when
it
is
nothing
but
the
headstrong
unbridledness
of
the
Multitude
,
that
have
cast
their
Riders
,
and
got
loose
the
Reins
on
their
own
Neck
?
[
](A46988-e15680-b)(s)
(s)
Idem
,
pag.
199.
Polybius
goes
on
to
tell
us
how
Democracy
was
soon
overturned
after
,
though
for
a
while
those
who
had
Experience
of
the
Oppression
of
the
Rich
,
were
delighted
with
the
Equality
and
Liberty
of
the
present
State
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
that
seemed
sweet
to
them
above
all
Treasure
:
yet
afterwards
some
growing
Rich
,
little
valued
that
Equality
and
Liberty
,
which
custom
had
made
them
sleight
and
nauseate
;
and
so
began
to
contemn
the
Poor
,
and
excelling
the
rest
in
Riches
,
began
to
covet
Rule
;
yet
knowing
they
could
not
by
their
own
Interest
or
eminence
of
Vertue
obtain
it
,
they
began
to
be
lavish
of
their
Wealth
,
and
variously
bait
the
People
,
and
so
corrupt
them
into
Tumults
and
Sedition
;
and
the
People
being
thereby
raised
to
hopes
of
living
upon
the
Goods
of
those
of
contrary
Factions
,
by
following
some
magnanimous
and
daring
Captain
(
who
yet
for
his
Poverty
could
not
Lawfully
aspire
to
the
Honours
of
the
Common-wealth
)
found
no
better
or
easier
way
to
rise
,
but
by
heightning
Factions
,
whereby
Parties
being
imbodied
,
Murthered
,
Plundered
,
and
Destroyed
one
another
;
till
at
last
,
wearied
,
or
one
Man
getting
a
greater
interest
in
the
People
than
the
rest
,
and
being
fortunate
to
overtop
the
rest
,
they
submit
to
such
,
and
after
all
their
miseries
return
again
to
Monarchy
.
I
cannot
dismiss
[
](A46988-e15740-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polybius
without
noting
from
him
how
preferrable
Monarchy
is
to
any
of
the
popular
sorts
of
Government
.
For
he
observing
that
as
Iron
is
wasted
by
rust
,
Wood
by
worms
;
so
that
although
they
might
escape
exterior
defacings
,
yet
they
will
decay
by
those
inbred
devourers
.
So
he
observes
that
all
simple
Governments
are
apt
to
some
evil
that
is
peculiar
and
consequential
to
their
Nature
,
as
he
instanceth
in
a
Kingdom
changed
into
Monarchy
absolute
,
by
which
he
means
that
which
we
now
call
Tyranny
;
Aristocracy
into
Oligarchy
,
Idem
,
pag.
200.
and
Democracy
into
Bestial
Chirocracy
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
when
the
Seditious
of
the
people
prevail
more
by
Fisticuffs
than
reason
:
When
he
enumerates
the
causes
of
the
Envy
and
Hatred
of
the
People
against
the
King
that
is
turned
Tyrant
,
he
never
mentions
that
the
People
challenged
any
Original
Right
,
or
that
they
conferred
any
trust
upon
him
,
or
made
any
compact
with
him
to
govern
so
and
so
.
But
that
some
young
Princes
degenerating
from
their
Just
,
Prudent
,
Wise
and
Valorous
Ancestors
,
giving
themselves
up
to
Debauchery
,
and
because
of
their
plenty
following
their
Pleasures
,
committed
excess
in
ther
Habits
,
eat
more
deliciously
and
luxuriously
,
indulged
themselves
in
prohibited
Lusts
,
by
some
necessities
or
wantonness
galling
the
Necks
of
their
Subjects
,
or
committed
some
contumelious
or
outragious
Act
against
some
powerful
Person
,
or
committing
the
managery
of
affairs
to
some
unfit
or
envied
Person
,
lost
the
affections
of
some
popular
persons
,
and
by
their
immersing
themselves
in
Pleasure
,
neglecting
the
Inspection
into
their
affairs
,
or
by
their
sloth
and
lasiness
,
neglecting
the
timely
redress
of
Evils
,
or
suppressing
of
some
growing
Faction
,
gave
opportunity
to
some
of
the
most
popular
and
daring
of
their
Subjects
to
conspire
together
to
put
an
end
to
their
Lives
and
Governments
.
But
in
all
this
he
mentioneth
nothing
of
those
miserable
devastations
,
which
are
brought
upon
whole
Countries
,
that
in
popular
Governments
are
torn
in
pieces
by
them
;
as
too
often
I
shall
have
occasion
to
mention
.
For
certainly
,
one
days
misrule
by
the
Rable
,
may
do
more
mischief
to
a
Country
,
than
the
whole
age
of
a
vitious
Prince
;
and
the
pretences
of
making
Government
more
easie
for
the
People
,
and
that
the
end
of
it
is
the
Peoples
safety
,
hath
ushered
in
all
Tragical
Revolutions
and
Rebellions
;
and
however
Philosophers
and
other
Writers
of
Greece
and
Rome
declaim
against
Tyranny
and
absolute
Monarchy
:
yet
they
conceal
not
the
perpetual
intestine
,
as
well
as
Foreign
Wars
,
betwixt
one
Commonweal
and
another
;
or
what
Butcheries
Countries
have
undergone
,
whereever
the
People
got
a
participation
of
the
executive
parts
of
the
Soveraignty
.
It
is
not
unfit
to
be
observed
what
the
great
[
](A46988-e15850-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Arist.
de
Repub.
l.
5.
c.
10.
initio
.
Philosopher
notes
,
that
a
Kingdom
is
the
refuge
and
defence
of
the
good
,
against
the
injury
of
the
People
:
for
,
saith
he
,
a
King
is
constituted
of
the
good
,
and
those
that
excel
in
vertue
and
vertuous
actions
;
but
a
Tyrant
is
taken
out
of
the
People
and
Multitude
,
against
the
Noble
and
Illustrious
;
as
he
instanceth
in
Phidon
at
Argos
,
Phalaris
in
Ionia
,
Panaetius
among
the
Leontines
,
Cypselus
at
Corinth
,
Pisistratus
at
Athens
,
and
Dionysius
at
Syracuse
,
by
the
cunning
leading
of
the
People
.
So
that
according
to
his
opinion
,
and
the
experience
of
all
ages
,
the
People
may
be
truly
said
to
be
the
Original
of
Tyrants
,
and
not
of
Kings
.
For
whereever
an
unlawful
Government
was
introduced
,
which
properly
might
be
called
Tyranny
,
it
was
brought
upon
the
People
by
their
own
choice
;
some
ambitious
cunning
man
having
wound
himself
into
their
good
opinion
,
was
by
their
strongth
and
assistance
able
to
suppress
the
Nobility
,
and
establish
himself
their
Executioner
,
after
he
had
long
been
their
Creature
.
Those
who
please
themselves
with
the
notion
of
Compact
and
Agreement
,
mostly
do
it
for
some
ill
end
,
to
make
a
plausible
Scheme
,
to
decoy
the
People
into
an
opinion
,
that
Princes
can
claim
no
more
Power
as
of
right
belonging
to
them
,
than
the
People
shall
intrust
them
withal
;
which
they
may
from
time
to
time
(
as
they
shall
see
cause
in
order
to
the
pretended
publick
weal
and
safety
)
either
enlarge
or
restrain
at
their
pleasure
.
These
must
suppose
(
saith
a
most
profound
[
](A46988-e15990-b)(w)
(w)
Bishop
of
Lincoln
,
Preface
to
the
Power
of
Princes
.
Scholar
)
a
multitude
all
free
without
any
sort
of
dependences
on
Parents
,
under
no
restraint
,
but
every
one
at
full
liberty
to
do
what
he
listeth
,
with
an
equality
of
Power
in
them
,
none
having
authority
over
other
;
which
surely
was
never
yet
found
in
any
People
or
Country
,
since
the
Creation
of
the
World
,
if
these
men
will
own
its
Creation
,
or
the
Scripture-History
of
it
;
and
if
they
could
in
Authentic
History
,
point
out
some
Parallel
story
they
would
do
well
to
produce
it
:
for
though
I
have
quoted
Polybius
his
conjecture
of
a
state
nearest
it
,
yet
he
makes
no
such
inference
from
it
that
I
can
find
.
But
the
forementioned
Reverend
Bishop
hath
suggested
so
many
quaeries
to
be
answered
,
before
any
thing
can
be
yielded
to
in
this
way
of
contract
,
that
it
will
puzzle
the
ablest
of
the
Patrons
of
this
popular
way
of
constituting
Government
,
to
solve
any
of
them
;
whereby
to
satisfie
any
considerate
man
of
the
legality
of
such
a
way
,
or
the
consentaneousness
of
it
to
Principles
of
nature
,
and
the
state
of
Liberty
,
these
men
are
such
pretenders
to
.
It
would
be
resolved
,
whether
Women
and
Children
,
Mad-men
and
Fools
,
had
the
freedom
of
suffrage
,
as
well
as
Men
of
Age
,
and
Fortunes
,
and
understandings
?
If
any
were
excluded
,
who
did
it
,
and
by
what
authority
?
If
all
were
admitted
,
whether
with
equal
right
to
every
one
,
or
with
some
inequality
?
Was
the
Wives
interest
towards
making
up
the
bargain
equal
with
that
of
the
Husband
,
and
the
Child
with
that
of
the
Parents
?
and
the
Servant's
(
if
there
were
,
or
could
be
any
such
thing
as
Master
and
Servant
)
equal
with
that
of
his
Master's
?
If
one
had
not
an
equal
share
and
interest
in
the
business
,
whence
did
the
inequality
arise
?
who
made
the
difference
among
them
?
and
what
right
had
any
man
?
and
how
came
he
to
have
that
right
to
give
more
or
less
power
to
one
than
another
?
If
all
were
equal
,
who
could
summon
the
rest
to
convene
,
or
appoint
the
day
and
place
of
meeting
?
Or
when
met
,
take
upon
him
the
Authority
and
Office
of
regulating
their
proceedings
,
or
presiding
or
moderating
in
their
Assembly
,
of
determining
such
doubts
and
differences
as
might
arise
,
while
matters
were
under
debate
,
of
calculating
the
voices
,
and
drawing
up
the
Articles
of
Agreement
in
case
they
should
agree
?
Supposing
all
these
doubts
were
cleared
,
and
the
Contract
made
as
they
would
have
it
;
it
may
be
demanded
,
whether
majority
of
Votes
shall
conclude
all
that
are
present
,
Dissenters
as
well
as
others
?
Whether
by
vertue
of
an
Act
of
those
upon
the
place
,
an
obligation
shall
lie
upon
such
as
are
casually
,
necessarily
,
or
willingly
absent
,
when
it
was
free
for
them
to
do
so
,
no
man
having
power
to
require
their
appearance
?
And
whether
a
contract
made
by
such
persons
as
were
at
liberty
before
,
can
debar
those
that
shall
succeed
them
in
the
next
Generation
,
from
the
use
of
that
liberty
their
Ancestors
had
and
enjoyed
?
If
so
,
by
what
Law
and
Right
are
the
said
respective
persons
so
concluded
,
and
whence
should
the
obligation
spring
?
None
of
these
look
like
the
Dictates
of
the
Laws
of
Nature
,
and
other
Laws
besides
that
(
according
to
the
Hypothesis
)
could
be
none
,
when
as
yet
there
was
no
Government
,
and
the
Contract
it self
as
a
bare
contract
(
without
the
help
of
some
Law
or
other
to
give
it
force
)
cannot
operate
upon
any
but
the
Contractors
;
for
it
can
have
no
cogency
upon
those
that
never
gave
consent
thereto
.
I
know
no
other
resolve
can
be
given
to
most
of
these
quaeries
,
but
that
,
as
it
is
fabled
of
Thebes
,
that
the
Stones
that
composed
the
Walls
,
came
into
their
places
by
the
Musick
of
Orpheus
,
without
any
Artificer's
hand
:
So
some
cunning
and
fluent
Orator
,
learned
above
the
rudeness
of
such
an
age
,
who
had
signaliz'd
himself
by
many
feats
of
Arms
,
Arts
and
Skill
,
by
which
he
had
got
an
ascendent
over
the
People
,
and
yet
so
circumspect
as
to
have
avoided
envy
and
emulation
;
such
amongst
them
who
was
most
hardy
to
encounter
dangers
,
had
most
bodily
strength
to
overcome
any
single
person
,
and
such
as
had
by
degrees
worn
of
the
rudeness
of
his
Companions
,
and
taught
them
something
of
consideration
,
and
the
use
of
reason
to
understand
justice
and
honest
dealing
,
and
to
see
the
advantages
that
prudence
and
a
wise
head
hath
over-raw
and
uncultivated
strength
,
not
only
in
deciding
controversies
,
and
administring
Justice
,
but
even
in
providing
against
,
and
expelling
danger
:
Such
an
one
as
this
might
have
made
himself
the
head
of
a
Colony
;
but
what
is
this
to
the
Original
power
of
the
People
?
Have
we
not
much
more
reason
to
judge
the
rise
of
Government
(
as
I
have
hitherto
inculcated
)
was
from
primogeniture
,
and
by
Gods
appointment
,
than
from
any
such
Chaos
,
or
existence
of
Prae-Adamites
,
or
a
race
of
People
sprung
up
none
knows
when
or
where
.
To
gratifie
the
insatiable
Republican
as
much
as
may
be
,
let
us
suppose
a
Colony
,
or
swarm
of
younger
Brothers
,
men
that
lived
poorly
in
their
native
Country
,
Women
,
Children
and
Servants
,
not
tied
by
any
preceding
Allegiance
to
a
Prince
,
or
to
have
shaken
off
the
yoke
,
or
to
be
banished
,
or
freely
dismissed
by
those
under
whose
Government
they
had
been
born
,
and
to
be
absolved
from
all
Allegiance
,
and
declared
manumitted
and
restored
to
that
absolute
freedom
,
which
they
could
claim
as
the
birth-right
of
mankind
,
that
priviledge
of
nature
equally
common
to
every
one
as
the
air
and
light
,
and
to
enjoy
this
freedom
as
an
unlimited
power
,
to
use
their
abilities
as
will
did
prompt
;
and
those
to
pass
into
an
unpeopled
Land
,
which
no
Prince
or
People
laid
a
claim
to
:
Would
not
every
one
conclude
these
were
as
free
to
live
as
they
listed
,
as
any
people
under
the
Sun
;
and
to
be
any
ways
restrained
of
this
,
would
be
very
grievous
,
and
an
Invasion
of
that
right
to
freedom
every
one
might
challenge
?
Yet
can
it
be
conceived
,
that
these
could
continue
long
without
the
consideration
,
that
it
was
not
so
delightful
to
do
what
every
one
liked
,
as
it
would
be
miserable
to
suffer
as
much
as
it
pleased
others
to
inflict
;
or
that
the
powerful
could
take
comfort
in
that
hostile
estate
,
wherein
he
was
in
continual
fears
of
others
mischievous
designs
against
him
,
who
had
in
this
imagined
state
[
](A46988-e16130-b)(x)
(x)
D.
Digs
Unlawfulness
of
Resistance
,
p.
3.
as
much
right
in
any
thing
as
the
present
Possessor
.
The
consideration
of
this
surely
would
oblige
every
one
to
transfer
his
particular
power
into
one
or
more
hands
,
tying
themselves
by
obligation
,
not
to
make
use
of
that
natural
power
of
resisting
the
power
set
over
them
,
but
to
aid
him
or
them
,
when
he
or
they
summoned
their
strength
,
or
required
their
assistance
.
In
requital
of
which
submission
of
private
strength
,
the
whole
Government
becomes
their
Guard
,
whereby
they
are
secured
from
the
dangers
of
private
injuries
.
But
can
it
be
thought
that
any
such
Governour
or
Governours
would
take
upon
him
or
them
,
the
burthen
of
spending
his
whole
time
in
watchfulness
,
anxiety
and
care
,
for
the
preserving
such
a
society
in
peace
,
and
the
free
enjoyments
of
what
they
should
acquire
,
without
having
a
power
to
execute
impartial
Justice
upon
Offenders
,
in
raising
forces
to
suppress
any
Tumults
or
Insurrections
,
in
rewarding
and
promoting
the
inferior
Ministers
;
or
would
yield
himself
to
be
accountable
to
any
party
of
that
people
who
should
fancy
themselves
aggrieved
.
But
on
the
other
side
,
to
make
the
Government
useful
,
it
must
be
established
,
that
every
one
yield
his
life
to
Soveraign
Justice
,
to
be
capitally
punished
,
if
he
transgress
such
Laws
as
they
had
agreed
upon
to
be
so
inflicted
,
or
in
lesser
offences
to
yield
to
proportionable
punishments
.
Now
if
it
were
to
be
understood
as
a
tacit
Covenant
,
that
when
ever
the
Subjects
found
themselves
aggrieved
,
they
might
re-assume
their
Power
,
and
depose
or
change
their
Soveraign
;
every
Offender
that
could
engage
his
Relations
or
Dependents
to
back
him
,
would
be
remonstrating
,
and
to
avoid
the
punishment
(
especially
if
Capital
)
would
adventure
his
life
in
Arms
,
and
so
defeat
the
great
end
and
design
of
Government
.
But
further
,
supposing
that
this
People
oblige
themselves
and
Posterities
,
by
Oaths
and
other
Authentic
Bonds
,
to
assist
the
Government
against
all
Disturbers
,
Domestick
and
Foreign
;
and
to
be
subject
,
and
pay
all
due
obedience
to
the
Government
and
Laws
:
By
what
justice
,
or
reason
,
or
pretence
of
natural
Right
,
could
they
or
their
Posterity
claim
a
power
of
re-assumption
of
that
Original
Power
they
had
devested
themselves
of
?
It
is
manifest
that
a
People
may
consent
to
subject
themselves
to
a
Soveraign
without
limitation
,
as
appears
by
the
famous
[
](A46988-e16220-b)(y)
(y)
Institut.
de
Jure
naturali
Gent.
&
Civ
.
56.
Vlpian
,
lib.
1.
sect.
De
Constitutione
Principis
.
Lex
Regia
among
the
Romans
,
wherein
it
is
expressed
thus
,
Populus
Imperatori
,
&
in
Imperatorem
,
omne
Imperium
suum
,
&
potestatem
transtulit
,
That
they
transfer
to
and
upon
their
Governour
all
the
Power
they
singly
,
or
in
combination
had
.
After
which
the
right
of
Nature
,
which
remains
for
them
innocently
to
make
use
of
,
is
that
freedom
,
not
which
any
Law
gives
,
but
which
no
Law
takes
away
.
Therefore
,
if
we
consider
Men
once
to
have
been
in
such
an
imaginary
State
of
freedom
,
and
after
to
have
yielded
up
themselves
to
be
subject
,
and
thereto
tyed
themselves
and
their
Posterities
,
in
the
strongest
obligations
that
can
be
invented
;
What
power
can
such
People
now
have
of
substracting
their
obedience
,
since
their
Ancestors
,
many
Centuries
of
Ages
since
,
and
in
all
successive
Generations
,
have
either
transferred
what
Power
they
ever
could
claim
,
to
their
Governours
,
or
by
his
Laws
and
their
own
consents
have
bound
themselves
in
fidelity
to
the
Soveraign
,
his
Heirs
and
lawful
Successors
.
So
that
in
what
Vtopia
soever
this
Doctrine
of
the
Original
of
Power
being
in
the
People
,
and
their
Power
of
re-assuming
it
,
may
be
asserted
;
it
can
have
no
place
in
our
happy
Islands
.
For
the
Government
of
England
is
a
successive
Hereditary
Monarchy
,
declared
so
by
all
our
Laws
:
so
that
with
us
,
allegations
of
natural
Right
have
no
sort
of
place
,
our
Kings
having
their
Power
established
by
Birth-right
,
by
Consent
,
by
Prescription
and
Law
,
which
are
all
the
ways
whereby
any
right
can
be
legally
established
.
Therefore
we
must
look
upon
all
such
as
cast
in
such
Baits
for
the
People
to
nibble
at
,
that
they
intend
to
make
a
prey
of
them
;
and
having
fastned
the
gilded
Hook
in
their
Jaws
,
may
draw
them
out
of
their
own
Element
to
a
free
air
indeed
,
but
such
as
will
stifle
them
.
For
when
any
Subjects
(
by
the
instigation
of
such
pretended
Patriots
)
are
excited
to
put
in
their
claim
of
Original
Power
,
and
shake
the
Government
;
though
their
Rebellion
be
prosperous
,
it
is
not
without
vast
effusion
of
Blood
that
the
Government
can
be
changed
.
After
which
,
how
will
it
be
possible
that
the
Community
of
the
People
can
be
put
into
that
pristin
state
of
freedom
,
those
State-Mountebanks
promise
?
but
rather
into
an
Anarchy
,
which
is
contrary
to
the
end
of
all
Society
,
and
to
quiet
and
peace
,
and
is
the
Parent
of
all
confusion
,
which
is
much
worse
than
the
hardest
subjection
.
This
truth
(
by
a
most
chargeable
tryal
)
we
experimented
in
the
late
War
,
when
the
Pretended
Saviours
of
the
Nation
,
and
great
Promoters
of
Spiritual
and
Temporal
Liberty
,
having
wheedled
the
People
into
a
belief
of
their
honest
Intentions
,
and
by
their
prosperous
Arms
overthrown
the
most
temperate
Monarchy
,
by
the
effusion
of
infinite
Blood
and
Treasure
;
by
pretended
agreements
of
the
People
,
they
assumed
the
Government
to
themselves
;
enslaving
both
the
Nobility
,
Gentry
,
and
Commonalty
,
more
than
any
Foreign
Conqueror
would
do
,
or
ever
their
Ancestors
had
been
in
any
Age
;
and
the
Golden
Scepter
,
and
that
of
King
Edward
with
the
Dove
,
was
turned
into
a
Rod
of
Iron
and
a
Flaming
Sword
,
Basilisks
and
Fiery
Serpents
.
CHAP.
IV.
The
Benefit
of
Government
from
the
Establishing
and
Instituting
of
Laws
.
THe
[
](A46988-e16390-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Rhetor.
ad
Alex.
c.
1.
Philosopher
describes
Law
to
be
the
Promulgation
of
what
by
the
common
consent
of
the
City
is
defined
,
which
commands
upon
Terms
how
every
thing
is
to
be
done
.
Which
is
to
be
understood
after
Government
is
established
,
where
the
Lawgivers
are
agreed
upon
,
and
the
Subjects
known
that
are
to
obey
them
.
In
another
place
,
the
same
[
](A46988-e16430-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ethic.
Nicom
.
c.
5.
Philosopher
saith
,
Laws
are
to
be
declared
concerning
all
things
that
may
respect
the
common
Benefit
of
all
,
or
of
the
Optimacy
,
viz.
the
Nobility
or
Prime
Gentry
,
or
the
Sovereign
,
or
be
agreeable
to
Vertue
,
or
to
any
other
Necessity
of
the
People
:
and
these
he
calls
Common
Laws
.
The
same
[
](A46988-e16480-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
De
Repab
.
l.
2.
c.
6.
Learned
and
Wise
Composer
of
Politicks
tells
us
,
That
the
Law
hath
no
force
to
compel
Obedience
,
but
as
it
receives
it
from
Usage
and
Custom
;
and
this
springs
not
from
any
thing
so
much
as
from
length
of
Time
,
and
multitude
of
Years
.
Of
these
kind
of
Laws
few
Nations
make
such
use
as
we
do
in
England
,
under
the
Title
of
Common
Laws
and
Customs
;
and
it
is
no
small
Credit
to
them
,
that
so
Judicious
and
Ancient
a
Writer
hath
given
such
a
Character
of
these
kind
of
Laws
,
by
which
we
have
something
more
than
a
shadow
of
ours
.
The
same
[
](A46988-e16550-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
Philosopher
likewise
,
with
great
Judgment
,
tells
us
,
That
to
forego
Laws
received
and
long
used
,
and
over-easily
to
substitute
new
ones
,
is
to
make
weak
and
infirm
the
Laws
themselves
.
Yet
he
is
not
for
tying
Posterity
to
the
Laws
of
their
Progenitors
too
strictly
;
for
that
it
is
likely
(
saith
he
)
the
first
Ancestors
of
them
being
such
as
he
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Sons
of
the
Earth
,
or
such
as
escaped
from
some
great
Calamities
and
Destructions
,
were
rude
and
illiterate
,
such
as
he
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
so
that
it
would
be
[
](A46988-e16590-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
absurd
to
persist
in
their
Decrees
;
therefore
he
saith
,
All
seek
not
their
[
](A46988-e16610-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
Countrys
Laws
,
but
those
onely
that
are
good
,
as
generally
such
are
which
have
had
the
Approbation
of
Ages
.
By
what
hath
been
noted
from
so
Ancient
and
Judicious
an
Author
,
I
may
easily
infer
,
That
Laws
resulted
from
Government
,
and
were
the
necessary
Products
of
such
Counsels
as
the
first
Leaders
or
Monarchs
entertained
to
order
their
People
by
;
and
since
he
[
](A46988-e16640-b)(g)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
makes
the
Laws
of
such
like
validity
and
force
in
the
Commonwealth
,
as
the
Rules
and
Orders
of
Parents
in
private
Families
,
we
may
well
conclude
,
That
as
those
had
their
Origination
from
the
Will
of
the
Father
of
the
Family
,
so
the
other
from
the
Prince
,
who
is
his
Peoples
Common
Parent
.
Therefore
,
in
Homer
Kings
are
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Givers
of
Laws
,
or
Judges
of
the
People
,
as
well
as
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Pastors
or
Feeders
,
Conductors
,
Defenders
or
Shepherds
of
the
People
.
So
in
Sacred
Writ
,
the
first
Hebrew
Captains
or
Kings
were
called
Judges
.
Therefore
Pomponius
Laetus
saith
,
In
the
ancientest
Times
,
before
Laws
were
agreed
upon
,
the
King's
Will
was
a
Law
:
And
[
](A46988-e16710-b)(i)
(i)
Regis
nutus
&
Arbitrium
pro
Legibus
,
lib.
10.
Dionysius
is
express
,
That
the
intimation
of
their
Mind
by
Signs
,
and
their
absolute
Wills
,
were
in
stead
of
Laws
.
[
](A46988-e16750-b)(k)
(k)
Romulus
ad
libitum
imperitaverat
,
dein
Numa
Religionibus
&
Divino
Jure
Populum
devinxit
.
Sed
praecipuus
Servius
Tullius
sanctor
Legum
fuit
,
quis
etiam
R●g
●s
obtemperarent
.
3
Annal
.
Tacitus
giving
an
account
of
the
Roman
Laws
,
saith
of
Romulus
,
That
he
commanded
at
his
own
pleasure
;
and
after
him
Numa
bound
the
People
with
Religion
and
Divine
Laws
.
Some
were
found
under
Tullus
and
Ancus
;
but
the
principal
Institutor
of
Laws
was
Servius
Tullius
,
to
which
even
Kings
should
obey
;
that
is
,
they
thought
themselves
obliged
to
observe
and
keep
the
Laws
they
had
appointed
.
He
then
notes
,
That
after
Tarquin
was
expell'd
,
the
People
prepared
many
Laws
for
the
defence
of
their
Liberty
,
and
to
strengthen
their
Concord
against
the
Factions
of
the
Fathers
.
A
late
Judicious
[
](A46988-e16860-b)(l)
(l)
Nalson
,
Common
Interest
,
p.
14
,
15.
Author
saith
,
That
God
and
Nature
investing
Primogeniture
with
the
Right
of
Kings
and
Magistrates
,
they
made
Laws
;
and
this
not
being
observed
,
or
wilfully
disowned
by
some
Popular
Patrons
(
who
would
possess
the
People
,
that
the
Laws
made
Kings
and
Governours
)
hath
created
the
greatest
Mischiefs
,
by
giving
an
Inlet
to
the
Changes
of
Governors
and
Government
.
For
,
granting
this
most
enormous
Doctrine
,
and
dangerous
Principle
;
Laws
being
alterable
for
the
Convenience
of
Prince
or
People
,
by
consequence
the
Right
of
the
Sovereign
(
if
it
be
onely
from
the
Laws
)
must
be
precarious
also
.
The
Opinion
is
in
it self
most
absurd
and
unreasonable
;
for
there
never
could
be
Laws
,
till
there
was
some
Form
of
Government
to
establish
and
enact
such
Laws
,
and
give
them
their
energy
and
vigour
:
For
nothing
can
have
the
force
or
power
of
a
Law
,
or
oblige
men
to
Obedience
,
unless
it
proceed
from
such
Person
or
Persons
as
have
a
Right
to
command
,
and
Authority
to
punish
the
Disobedience
and
Neglect
of
those
who
ought
to
be
subject
to
it
:
So
that
it
is
almost
impossible
to
find
the
least
Footsteps
of
Law
,
that
is
by
far
so
ancient
as
Government
.
If
we
consider
the
Infancy
of
the
World
,
when
Nations
were
divided
by
the
Swarms
that
made
new
Colonies
;
we
may
easily
conceive
,
that
Differences
and
Quarrels
would
not
onely
fall
out
amongst
them
about
Boundaries
;
but
within
the
District
of
one
Government
,
the
Shares
of
distinct
Families
and
Persons
would
be
allotted
,
and
these
would
require
the
Preservation
of
those
Peculiars
,
from
the
Incroachment
of
Thieves
,
Robbers
,
or
other
mischievous
Persons
:
From
whence
must
spring
a
necessity
of
Laws
,
to
prevent
Domestick
Quarrels
and
Injuries
,
and
to
ascertain
to
every
man
his
Right
,
and
effect
those
good
things
which
would
make
the
Society
happy
.
Which
Laws
(
as
far
as
we
have
any
Record
of
History
)
were
first
appointed
by
those
who
first
led
the
Colonies
,
or
such
as
they
chuse
out
to
assist
in
such
a
design
of
concern
,
who
being
supream
over
the
People
,
had
the
only
Power
of
making
Laws
,
and
exacting
obedience
to
them
:
Consentaneous
to
which
the
Serjeants
at
a
late
Call
gave
this
Motto
,
A
Deo
Rex
,
a
Rege
Lex
.
The
Benefits
Societies
enjoy
by
Laws
.
But
however
we
conceive
of
the
first
Authors
and
Institutors
of
Laws
,
it
no
ways
lessens
the
benefit
all
Societies
enjoy
by
being
govern'd
by
Laws
,
adapted
to
the
Constitution
of
the
People
and
Government
.
For
as
[
](A46988-e16950-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
1.
c.
2.
Aristotle
observes
,
Of
all
living
Creatures
man
is
the
best
;
so
he
is
the
worst
,
if
not
governed
by
Laws
and
Judgment
.
Both
[
](A46988-e17010-b)(n)
(n)
Lib.
12.
de
LL.
Plato
and
[
](A46988-e17040-b)*
*
Lib.
5.
&
ult.
E●kic
.
Aristotle
agree
,
that
Men
Just
and
most
Eminent
in
Vertue
,
being
as
Gods
among
Men
,
are
under
no
Law
,
living
as
regularly
[
](A46988-e17070-b)(o)
(o)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
3.
c.
13.
on
their
own
accord
,
as
others
constrained
by
the
Laws
;
for
these
good
Men
are
Laws
themselves
,
exciting
others
to
Vertue
by
their
Examples
.
Yet
since
this
is
but
the
Portion
of
a
few
,
there
is
a
necessity
of
enforcing
the
Laws
by
Authority
upon
those
that
are
not
obedient
to
them
,
nor
a
Law
to
themselves
.
As
to
the
use
of
Laws
,
The
Usefulness
of
Laws
.
the
[
](A46988-e17130-b)(p)
(p)
1
de
Oratore
.
Orator
tells
us
that
by
their
Authority
we
are
taught
to
subdue
our
Lusts
,
to
circumscribe
,
and
bound
our
unlawful
desires
;
to
defend
our
own
,
and
restrain
our
Eyes
and
Hands
from
that
which
belongs
to
others
.
They
were
,
saith
the
same
Cicero
,
[
](A46988-e17170-b)(q)
(q)
Major
hareditas
unicuique
nesteum
a
Jure
&
Legious
quam
aliis
a
quibus
illa
bona
relicta
surt
.
Id.
pro
Caecinna
.
invented
for
the
security
of
every
one
,
a
greater
and
more
plentiful
Inheritance
coming
to
us
by
them
,
than
from
those
that
left
us
our
Estates
.
These
are
fitted
for
the
Diseases
of
the
Common-wealth
,
ex
malis
moribus
oriuntur
bonae
leges
.
They
restrain
Men
from
their
depraved
Appetites
,
the
over-boilings
of
their
Lusts
,
the
debauchery
of
their
Lives
,
the
Injustice
of
their
Rapines
,
stop
the
Effusion
of
Innocent
Blood
,
secure
every
Man's
Interest
,
instruct
and
dispose
all
to
do
well
,
and
secure
them
when
they
do
so
.
Hedges
are
set
up
(
saith
Mr.
Hobs
[
](A46988-e17230-b)(r)
(r)
Civil
Wars
.
)
to
stop
Travellers
,
and
keep
them
in
the
way
that
is
allowed
and
prescrib'd
,
and
for
hindring
them
from
chusing
a
way
for
themselves
.
So
Laws
are
made
to
guide
,
govern
,
and
punish
Men
,
who
presume
to
decline
the
Rule
,
and
chuse
another
to
walk
by
,
that
is
more
agreeable
to
their
own
Appetite
and
Convenience
.
The
poorest
necessitated
Man
(
saith
a
[
](A46988-e17240-b)(s)
(s)
Fr.
Whyte
,
Sacred
Laws
.
Judicious
Author
)
amidst
the
Calamities
of
his
wretched
Life
,
would
yet
be
more
unhappy
,
were
not
Laws
and
Government
his
Sanctuary
.
Oppression
,
the
heaviest
of
all
miseries
,
would
crush
him
to
pieces
,
and
break
the
Repose
of
his
shortest
Slumbers
.
The
malice
of
the
Clown
,
the
dark
Arts
of
the
City
would
surround
us
;
and
what
we
most
prize
(
tho'
we
want
the
comfort
of
it
)
no
Man's
Life
could
be
safe
a
minute
without
them
;
nothing
could
be
sure
,
nothing
certain
,
no
commerce
,
no
conversation
:
These
protect
the
Orphan
,
the
Widow
,
and
the
Stranger
.
Seneca
elegantly
calls
the
Laws
,
Virtutes
Armatas
,
because
they
compel
evil
manners
into
good
order
:
for
without
Laws
Men
are
but
a
more
cunning
and
pernicious
sort
of
Brutes
;
and
where
they
are
instituted
and
prevail
,
humane
Nature
is
most
civilized
,
refin'd
and
polite
.
It
is
said
of
the
Liberal
Arts
,
that
Emolliunt
mores
,
nec
sinunt
esse
feros
:
They
soften
Mens
minds
and
manners
,
they
correct
that
churlishness
of
temper
,
and
addulce
and
mellow
the
austere
,
sowre
and
crabbed
Disposition
,
tame
and
make
gentle
the
Savage
Natures
,
file
off
the
Asperities
of
them
:
all
which
is
equally
true
of
the
force
and
efficacy
of
the
Laws
put
in
Execution
.
What
would
this
great
World
we
live
in
,
be
less
than
a
great
Bedlam
,
were
it
not
for
these
Political
Combinations
,
civil
appointments
,
and
Laws
which
in
all
places
and
Countries
not
only
curb
and
command
that
untamed
Pride
,
Fury
,
and
Malice
,
which
too
naturally
resides
in
many
;
But
the
Laws
likewise
form
and
incorporate
Men
into
civil
Societies
,
making
those
persons
capable
of
Living
,
conversing
,
and
dwelling
together
,
as
Men
endowed
with
rational
and
religious
Faculties
;
who
otherwise
would
appear
no
better
than
a
company
of
wild
and
Savage
Creatures
.
The
Honour
given
to
Law-makers
.
So
great
Veneration
had
the
Ancients
for
the
Laws
,
that
they
esteem'd
the
Lawgivers
[
](A46988-e17340-b)(t)
(t)
Stephanus
Niger
Exposit.
Carm.
Pythag
.
Leges
primo
rudibus
hominum
animis
simplices
eram
.
Maximeque
fama
celebravit
Cretensium
quas
Minos
,
Spartanorum
quas
Lycurgus
;
ac
mox
Atheniensibus
qu●sitiores
jam
&
plures
Solon
praeseripsit
.
T●●it
.
3
Annal.
Holy
,
and
such
as
had
Correspondence
with
the
Deities
they
worshipped
,
and
were
,
while
they
lived
,
for
these
great
Blessings
to
their
People
,
deified
.
So
Minos
among
the
Egyptians
makes
Mercury
the
Author
of
the
Laws
,
and
among
the
Cretians
,
Jupiter
.
Lycurgus
among
the
Lacedaemonians
fathered
them
on
Apollo
,
Numa
Pompilius
derived
them
from
the
whispers
of
the
Goddess
Aegeria
:
the
Persians
from
Zoroaster
,
Xamolxis
among
the
Goths
,
deduces
them
from
Vesta
;
and
that
Moses
received
the
Jewish
Laws
from
God
Almighty
we
all
believe
.
So
that
as
every
where
we
find
the
Heathens
make
the
Gods
descend
for
their
Production
,
and
celestial
Wisdom
to
flow
into
them
(
saith
the
learned
Mr.
White
in
his
Sacred
Laws
of
the
Land
;
in
which
little
Treatise
is
comprehended
a
great
deal
of
curious
Learning
)
and
who
further
adds
,
That
as
Livy
allows
to
Antiquity
(
mixing
things
humane
with
divine
)
to
deduce
the
Original
of
Cities
from
Gods
or
Goddesses
,
to
make
their
beginnings
more
majestic
;
the
same
may
be
said
of
the
Laws
(
saith
my
learned
Author
)
if
it
be
Lawful
to
Canonize
any
,
to
carry
them
up
to
Heaven
,
or
fetch
them
down
from
thence
,
that
Glory
is
alone
due
to
the
Laws
,
yea
to
the
sacred
Laws
of
our
Land
:
And
in
another
place
he
saith
,
It
was
not
so
much
the
Charms
of
the
Sibyls
Leaves
,
nor
Numa's
Shield
,
or
the
Palladium
that
made
the
Roman
Common
weal
so
much
to
raise
its
lofty
Head
,
as
the
just
and
wholesome
Sanction
of
the
Laws
obeyed
and
reverenced
.
On
the
contrary
,
Bodin
[
](A46988-e17580-b)(u)
(u)
De
Republica
:
observes
,
that
the
overthrow
of
Carthage
was
without
difficulty
,
and
certainly
prognosticated
,
since
neither
Vertue
nor
Law
had
place
there
.
Hence
the
Orator
observes
,
That
if
the
Laws
be
once
abandoned
,
or
but
negligently
guarded
,
not
to
say
oppressed
,
there
is
nothing
any
man
can
be
sure
to
receive
from
his
Ancestors
,
or
leave
to
his
Posterity
.
Which
leads
me
to
the
second
head
of
the
Benefit
by
Government
,
which
is
Propriety
.
CHAP.
V.
Propriety
secured
by
Government
.
WE
find
that
Plato
,
[
](A46988-e17660-b)(a)
(a)
Arist.
Polit.
lib.
2.
Socrates
and
Lycurgus
,
proposed
a
Community
of
all
things
in
their
Commonwealth
,
not
only
in
Goods
,
Chattels
and
Lands
,
but
also
in
Wives
and
Children
.
As
to
Community
of
Goods
,
the
Argument
that
Socrates
used
was
,
That
if
every
one
might
call
every
thing
his
own
,
and
not
his
own
,
it
would
be
a
means
whereby
a
City
would
be
perfectly
one
.
On
the
contrary
,
Aristotle
argues
,
That
this
would
create
endless
disputes
.
For
he
that
took
pains
would
never
agree
that
he
who
took
no
pains
should
have
an
equal
share
;
and
in
a
little
time
,
one
would
be
coveting
a
larger
dividend
than
another
,
and
this
would
destroy
the
great
vertue
of
Temperance
,
and
would
allow
it
no
place
:
for
that
consists
in
abstaining
from
what
is
anothers
.
Neither
would
there
be
room
for
Liberality
,
i●
none
had
of
his
own
to
give
.
Besides
,
by
possessing
in
common
,
Sloth
,
Idleness
and
Negligence
would
be
encouraged
;
[
](A46988-e17740-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
1.
c.
3.
because
whatever
thing
is
common
to
many
,
hath
less
care
imployed
about
it
,
or
it
is
not
with
that
sedulousness
provided
for
,
because
what
is
every
bodies
work
is
no
bodies
work
:
according
to
our
English
Proverb
,
The
mean
Pot
never
boils
well
.
So
he
concludes
,
That
possessing
in
common
gives
more
occasions
to
differences
,
than
where
every
one
knows
his
own
.
Therefore
it
is
more
conducible
to
the
well-being
of
a
People
to
unite
in
one
order
of
Discipline
,
than
in
unity
of
Stock
and
Community
of
Goods
.
There
was
some
difference
in
the
modus
of
this
community
.
For
we
read
that
Pericles
and
Cimo
pulled
down
the
Enclosures
of
their
Gardens
and
Fields
,
that
the
meaner
sort
might
have
free
liberty
to
take
the
Fruits
.
This
kind
of
Community
was
received
at
Tarentum
,
and
the
Agrarian
Law
at
Rome
allowed
something
of
it
.
But
I
believe
this
kind
of
Community
was
little
practised
,
but
rather
every
one
enjoyed
his
separate
share
,
and
some
Commons
,
as
we
have
in
England
,
were
best
un-enclosed
,
according
to
that
of
[
](A46988-e17870-b)(c)
(c)
Sicut
coelum
Diis
,
ita
terras
generi
mortalium
datas
;
quaeque
sunt
vacuae
,
e●s
publicas
esse
.
Annal.
l.
13.
Boiocolus
in
Tacitus
,
That
as
the
Heavens
were
given
to
the
Gods
,
so
the
Earth
was
given
to
Men
;
and
those
places
that
were
empty
or
unpossessed
in
several
,
were
for
the
publick
,
or
common
to
all
.
The
Anabaptists
in
Germany
,
were
very
earnest
to
have
obtained
such
a
Community
,
where
they
were
powerful
enough
to
eject
the
right
Owners
out
of
their
Estates
,
pleading
the
Apostles
usage
:
And
in
our
late
Confusions
(
among
the
many
revivals
of
obsolete
opinions
and
Heresies
)
we
had
some
that
were
very
fond
of
a
notion
,
That
the
perfectest
State
of
a
Commonwealth
was
not
only
where
there
should
be
no
distinction
of
Dignities
and
Degrees
,
but
Estates
should
be
levelled
;
and
some
that
foresaw
the
People
would
not
easily
consent
to
this
(
as
an
Essay
)
begun
to
dig
and
cultivate
Commons
,
enticing
the
Poor
to
joyn
with
them
,
of
which
,
as
I
remember
,
one
Everard
was
the
chief
.
As
to
Communities
of
Wives
,
[
](A46988-e17950-b)(d)
(d)
Arist.
Polit.
lib.
2.
c.
3.
Plato
would
have
it
so
,
that
because
,
Against
Community
of
Wives
.
when
every
one
might
call
every
Mans
Wife
and
Child
his
own
,
there
would
be
an
amicable
concord
in
the
enjoying
and
providing
for
them
.
But
the
Philosopher
argues
against
this
,
much
what
as
he
did
against
the
Community
of
Goods
;
especially
,
by
reason
that
the
Children
would
be
neglected
by
the
Fathers
;
none
being
certain
whether
such
or
such
a
Son
were
his
or
no
;
and
so
all
Paternal
affection
would
be
abolished
,
and
all
Cognations
wholly
obliterated
,
and
there
would
be
no
way
to
distinguish
ones
own
Issue
,
but
by
the
similitude
,
as
among
the
Garamants
of
the
superior
Africk
,
and
the
Pharsalian
Mare
[
](A46988-e18030-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ib.
which
was
called
Just
,
because
the
had
always
her
Foals
like
the
Horse
that
got
them
.
Besides
that
,
Parricide
might
be
committed
,
and
injury
done
by
Children
to
Parents
(
which
no
civil
Government
ought
to
allow
)
and
yet
the
Father
not
be
truly
known
.
But
to
leave
this
,
Subjects
now
very
sollicitous
to
preserve
their
Properties
.
because
I
do
not
read
that
any
Common-wealth
did
ever
,
or
not
long
enjoy
the
benefit
of
any
such
institution
;
we
may
note
,
that
as
in
other
things
,
so
in
this
,
the
custom
of
Men
is
much
changed
.
All
being
now
so
jealous
of
any
breach
made
upon
their
Property
,
that
Princes
are
looked
upon
as
Tyrannical
and
Arbitrary
,
that
shall
,
for
the
necessary
support
of
the
Government
,
lay
any
imposition
upon
the
People
,
without
their
consents
;
which
made
,
in
King
Charles
the
First
's
time
,
that
outcry
against
Ship-money
;
though
the
Legality
of
it
was
owned
by
twelve
Judges
,
and
very
ancient
Records
were
produced
,
and
much
learning
and
reading
shown
in
the
arguments
for
it
.
But
this
point
is
now
adjusted
to
the
satisfaction
of
the
whole
.
The
English
Subject
enjoys
many
choice
peculiar
Privileges
and
advantages
,
The
Privileges
of
the
English
Subjects
in
their
Property
.
far
transcending
those
of
the
Subjects
of
most
Princes
:
So
that
any
rougher
touch
upon
that
tender
part
,
must
needs
gall
,
and
the
lightest
Yoak
be
uneasie
to
the
neck
unaccustomed
to
it
.
By
his
Birth-right
he
hath
something
he
can
call
his
own
;
he
hath
not
only
the
protection
of
his
Person
,
but
the
inheritance
of
his
Freehold
,
his
Liberty
and
Property
secured
to
him
by
Law
;
he
cannot
be
violently
assaulted
in
the
one
,
or
forceably
invaded
in
the
other
,
but
the
publick
Justice
of
the
Kingdom
will
be
satisfied
for
it
,
and
call
the
Aggressors
to
a
strict
account
.
We
have
such
a
grand
Charter
of
all
just
and
reasonable
Priviledges
and
Immunities
,
continued
and
confirmed
to
us
,
by
the
Piety
,
Munificence
and
Royal
bounty
of
our
Princes
,
that
we
may
dispute
peaceable
and
happy
living
with
all
other
Subjects
of
the
World
.
The
Government
we
live
under
,
being
setled
and
supported
by
known
and
excellent
Laws
,
such
as
for
their
policy
and
prudence
,
justice
and
equity
in
their
composition
,
challenge
all
the
constitutions
of
Europe
(
in
which
part
of
the
World
are
(
if
any where
)
to
be
found
the
greatest
perfections
of
Human
Nature
)
to
〈◊〉
the
like
.
They
do
so
justly
and
clearly
support
the
Grandeur
of
Majesty
,
the
Dignity
of
the
Crown
,
with
the
Peace
,
Liberty
and
Property
of
the
Subject
,
Whether
Property
was
before
Government
,
or
not
.
that
all
Nations
round
about
envy
us
for
that
felicity
they
can
never
hope
to
enjoy
.
To
disturb
this
blessed
condition
of
the
English
Subject
,
there
are
two
Extremes
:
The
one
of
a
People
fond
of
a
Notion
,
of
the
Primitive
fundamental
of
Government
in
the
People
,
that
they
will
needs
have
Property
in
order
of
Nature
before
Government
;
without
considering
that
nothing
is
gained
to
their
advantage
by
the
concession
of
it
.
For
it
must
also
be
[
](A46988-e18170-b)(f)
(f)
Bishop
of
Lincoln's
Preface
to
Power
of
Princes
.
proved
,
that
it
was
before
it
in
order
of
time
;
for
as
one
of
the
principal
ends
of
Government
is
the
preservation
of
mens
acquisitions
,
of
Cattle
and
Fields
,
by
their
industry
;
so
we
must
suppose
some
Government
first
,
because
the
right
which
any
man
hath
to
the
acquired
stock
and
lands
,
must
be
ascertain'd
to
him
by
some
Law
,
which
supposeth
Government
.
So
that
the
dispute
(
saith
the
Reverend
Bishop
)
is
de
Lana
Caprina
,
and
when
men
have
crowded
themselves
into
the
Circle
,
they
reap
nothing
but
a
Brain-sick
giddiness
;
and
it
is
like
the
dispute
in
Macrobius
,
Whether
the
Hen
or
Egg
were
first
.
All
that
believe
the
Creation
,
must
own
,
that
Adam's
Government
was
before
any
Mans
property
,
and
the
like
may
be
said
of
Noah
;
so
that
there
is
no
need
to
have
recourse
to
Articles
,
or
capitulations
with
the
People
(
which
those
make
such
a
noise
with
)
unless
they
can
first
evince
the
World
to
be
Eternal
,
and
Men
to
have
sprung
in
some
rank
Soil
,
as
Tubera
terrae
,
Mushroms
after
a
fruitful
shower
.
Another
Extreme
is
what
Mr.
Hobbs
every
where
in
his
Leviathan
,
Against
Arbitrary
Sovereignty
.
endeavours
to
establish
,
(
viz
)
That
the
Sovereign
should
be
so
absolute
and
so
arbitrary
,
that
he
should
upon
Exigents
of
State
,
or
at
his
own
pleasure
,
have
the
disposal
of
every
Subjects
fortune
,
which
how
necessary
it
may
be
for
vast
Empires
(
such
as
the
Ottomans
)
I
dispute
not
.
But
the
Soveraigns
of
Christendom
,
especially
of
England
,
take
no
such
measures
to
the
advantages
of
themselves
,
or
their
Subjects
slavery
.
The
most
judicious
Earl
of
Clarendon
,
in
his
eleborate
Treatise
against
[
](A46988-e18340-b)(g)
(g)
Survey
of
Leviathan
,
p.
110.
Mr.
Hobbs
,
hath
with
great
judgment
refuted
this
opinion
,
from
whose
Armory
I
shall
borrow
some
of
the
Artillery
,
though
I
dare
not
presume
to
use
them
with
the
same
dexterity
,
and
address
his
Lordship
doth
.
This
Propriety
(
saith
he
)
introduceth
the
beauty
of
building
,
and
the
cultivating
of
the
Earth
,
by
art
as
well
as
industry
,
that
they
and
their
Children
might
dwell
in
the
Houses
they
were
at
the
charge
to
build
,
and
reap
the
Harvest
of
those
lands
they
had
been
at
the
charge
to
sow
:
whatsoever
is
of
civility
and
good
manners
,
all
that
is
of
art
and
beauty
,
of
rule
and
solid
wealth
in
the
world
,
is
the
product
of
this
;
the
Child
of
beloved
property
;
and
they
〈◊〉
at
would
strangle
this
Issue
,
desire
to
demolish
all
buildings
,
eradicate
all
plantations
to
make
the
Earth
barren
,
and
live
again
in
Tents
,
and
nourish
their
Cattle
by
successive
marches
into
the
Fields
where
the
Grass
grows
.
Nothing
but
joy
in
propriety
redeemed
us
from
this
barbarity
,
and
nothing
but
security
in
the
same
can
preserve
us
from
returning
to
it
again
.
If
there
be
no
Propriety
(
continueth
the
great
Lord
)
there
is
nothing
worth
defending
from
foreign
Enemies
,
or
from
one
another
,
and
consequently
it
is
no
matter
what
becomes
of
the
Commonwealth
.
For
the
Government
can
never
be
so
vigorously
assisted
by
a
People
who
have
nothing
to
lose
,
as
by
those
who
defending
it
,
defend
their
own
Goods
and
Estates
;
which
if
they
do
not
believe
their
own
,
they
will
not
much
care
into
whose
hands
they
fall
.
To
this
wise
Lord
I
may
add
what
a
great
[
](A46988-e18400-b)(h)
(h)
Seneca
.
Jure
civili
omnia
Regis
sum
,
&
tamen
illa
quorum
ad
Regem
pertinet
universa
possessio
,
in
singulos
dominos
discerpta
sunt
,
&
unaquaeque
res
habet
possessorem
suum
.
Itaque
dare
Regi
domum
&
mancipia
&
pecuniam
possumus
,
nec
donare
illi
de
suo
dicimur
.
Ad
Reges
enim
po●stas
omnium
pertinet
,
ad
s●gula
proprietas
.
Statesman
and
Scholar
hath
long
since
observed
.
That
though
by
the
Civil
Law
all
are
the
Kings
;
yet
even
those
things
(
whereof
the
Universal
possession
belongs
to
the
King
)
have
their
peculiar
Owners
:
So
that
we
may
give
the
King
,
House
,
Freehold
or
Money
,
yet
are
not
said
to
give
him
his
own
.
For
to
the
King
the
Power
over
all
appertains
,
but
to
every
single
Person
his
Property
,
according
to
that
of
Bulgaris
to
Zeno
,
Omnia
Rex
possidet
Imperio
,
singuli
dominio
.
If
it
were
thus
under
the
absolute
Power
of
the
Roman
Emperors
in
Seneca's
time
,
how
much
more
secure
may
we
judge
Propriety
in
ours
,
when
so
guarded
by
the
Royal
Sword
and
Scepter
;
that
in
several
cases
Actions
may
be
brought
in
defence
of
a
Mans
right
,
even
against
the
Crown
,
and
the
Judges
have
pronounced
Sentence
against
some
claims
of
the
King
,
and
ought
to
do
so
.
Whatever
pains
Mr.
Hobs
takes
to
render
those
precious
words
of
Property
unvaluable
and
insignificant
,
we
see
that
a
better
Philosopher
than
He
,
and
who
understood
the
Rules
of
Government
(
having
lived
under
just
such
a
Soveraign
as
Mr.
Hobs
would
set
up
)
gives
his
judgment
otherwise
,
where
he
expresly
tells
us
,
that
he
is
[
](A46988-e18500-b)(i)
(i)
Errat
si
quis
tutum
sibiesse
Regem
putat
,
ubi
nihil
a
Rege
tutum
est
.
Securitas
securita●e
paciscenda
est
.
much
deceived
that
thinks
that
King
is
in
safety
,
from
whom
the
Subject
is
not
safe
in
what
he
enjoys
;
the
security
of
the
one
being
from
the
stipulation
of
the
security
of
the
other
.
That
in
former
ages
also
the
condition
of
the
English
Subject
hath
been
happier
,
in
enjoying
greater
security
,
as
to
their
Persons
and
Estates
,
than
the
Subjects
of
Foreign
Countries
:
and
that
the
English
Laws
and
Government
have
been
very
tender
of
them
,
appears
by
what
another
[
](A46988-e18520-b)(k)
(k)
De
laudibus
Legum
Ang.
c.
37.
Lord
Chancellor
writes
,
who
lived
in
a
turbulent
age
,
and
was
forced
into
exile
with
the
Prince
,
eldest
Son
to
King
Henry
the
Sixth
.
He
in
many
places
,
treats
of
the
miseries
of
the
Peasants
in
France
,
and
of
the
generality
of
the
French
Subjects
,
too
tedious
here
to
relate
,
and
in
his
free
way
of
Dialogue
with
the
Prince
,
he
divides
Kingly
Government
into
that
which
is
Regal
and
Absolute
,
and
that
which
is
Political
.
In
which
last
are
condescensions
of
Princes
to
bound
their
Prerogative
,
and
this
he
commends
to
his
Prince
,
saying
,
[
](A46988-e18570-b)(l)
(l)
Quis
enim
potentior
liberiorve
esse
potesi
,
quam
qui
non
solum
alios
,
sed
seipsum
sufficit
debellare
?
Ib.
No
Prince
can
be
reputed
powerfuller
or
freer
than
that
Prince
,
who
is
not
only
able
to
master
and
subdue
others
,
but
also
his
own
oppressive
and
extorting
disposition
,
which
he
saith
,
a
King
that
governs
Politically
,
can
do
,
and
ever
doth
.
Therefore
we
may
look
upon
all
such
,
as
now
,
or
in
the
late
times
,
have
made
such
terrible
outcries
,
for
fear
of
their
Properties
being
invaded
(
since
we
find
two
such
great
Men
in
distant
ages
so
freely
and
elaborately
writing
against
Arbitrariness
)
as
men
that
rather
design
Sedition
and
Rebellion
,
by
raising
in
the
Peoples
minds
,
groundless
jealousies
and
fears
,
than
that
there
can
be
any
umbrages
of
such
fears
in
the
constitution
of
the
Government
,
especially
under
such
a
just
Prince
as
we
have
,
who
will
make
the
Laws
the
Rule
,
by
which
he
will
square
his
Royal
Administration
,
and
hath
given
such
assurance
of
it
in
his
never
to
be
sufficiently
valued
Declaration
,
at
his
Majestie
's
first
sitting
in
his
Council
,
to
the
infinite
joy
of
his
Subjects
of
all
conditions
.
Therefore
since
we
have
our
Properties
so
well
secured
and
provided
for
,
by
the
gracious
Grants
of
our
Sovereigns
in
Magna
Charta
,
the
Petition
of
Right
,
and
other
Acts
;
let
us
thankfully
acknowledg
this
great
Blessing
,
and
with
so
much
more
duty
and
industry
,
endeavour
to
defend
,
in
our
several
capacities
,
the
Royal
Prerogatives
of
our
Kings
;
which
as
much
appertain
to
them
,
and
in
a
more
transcendent
way
,
than
our
Properties
are
ascertained
unto
us
.
For
it
must
be
owned
,
that
the
primary
end
of
all
Government
,
is
for
the
better
ordering
the
People
,
whereby
they
may
live
in
accord
among
themselves
,
and
follow
their
several
imployments
under
the
protection
of
the
Soveraign
.
Therefore
whoever
endeavour
to
disjoynt
and
discompose
the
frame
of
Government
(
by
the
wisdom
of
our
Ancestors
and
long
experience
,
found
so
agreeable
to
the
English
Genius
)
are
to
be
reputed
,
either
ignorant
of
their
own
happiness
,
or
designers
of
as
horrid
mischiefs
:
Whether
they
be
such
,
as
according
to
Mr.
Hobs's
Principles
,
may
lessen
the
affection
and
tenderness
of
Princes
to
their
Subjects
,
or
lessen
the
duty
and
obedience
of
Subjects
to
their
Prince
,
and
make
them
less
love
the
constitution
of
Government
they
live
under
;
or
they
be
such
as
would
cramp
the
Sovereign
Power
,
and
wrap
it
in
soft
Ermines
and
Robes
of
State
,
without
a
Sword
or
Scepter
.
Having
thus
far
treated
of
Government
in
general
,
and
of
the
usefulness
of
it
to
mankind
:
I
think
it
necessary
to
give
an
account
of
the
several
Governments
which
have
been
hitherto
used
in
the
World
;
and
that
I
may
give
a
more
distinct
account
of
them
,
I
have
chosen
to
represent
them
as
I
find
they
have
been
practised
in
the
ancientest
times
:
and
finding
so
many
in
the
last
age
and
this
so
zealous
for
a
Commonwealth-Government
,
and
some
yet
bewitched
with
the
notions
of
it
,
I
think
it
incumbent
on
me
,
to
be
more
copious
in
the
representing
of
the
inconveniences
of
all
other
Governments
besides
Monarchy
,
tht
as
far
as
my
reading
may
afford
me
helps
,
I
may
disabuse
his
Majestie
's
Subjects
,
and
represent
to
them
the
excellency
and
beauty
of
the
English
Monarchy
,
which
is
the
whole
scope
and
intendment
of
this
discourse
;
and
I
must
beg
pardon
,
if
either
in
the
words
of
my
Authors
(
whom
I
shall
endeavour
faithfully
to
quote
)
or
in
my
own
,
I
use
any
smarter
or
sharper
expressions
than
they
are
willing
to
hear
.
For
I
think
it
much
more
advantageous
to
the
persons
concerned
,
that
they
feel
the
acrimony
of
my
Ink
,
and
the
small
punctures
of
my
Pen
,
than
that
following
such
mischievous
Principles
of
our
late
Republicans
,
they
should
have
their
bloods
tainted
,
or
suffer
the
edge
of
those
severe
Laws
,
which
are
steeled
against
Rebels
,
and
think
it
safer
for
them
to
be
blackned
by
my
Ink
,
than
that
their
blood
should
stain
the
Scaffolds
.
CHAP.
VI.
Of
Democracy
,
and
the
Inconveniences
of
it
.
ALL
Ages
have
allowed
of
Aristotle's
division
of
Government
:
where
he
saith
[
](A46988-e18710-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
3.
c.
7.
that
the
Republic
and
the
public
Administration
are
the
same
,
and
this
public
administration
is
the
Lord
or
Sovereign
of
the
City
,
and
that
Sovereign
is
either
one
,
a
few
,
or
the
multitude
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
Democracy
the
People
is
the
Prince
,
and
in
Oligarchy
the
few
.
To
this
division
[
](A46988-e18770-b)(c))
(c))
4.
Annal.
Tacitus
assents
,
where
he
saith
,
Cunctas
Nationes
,
&
Vrbes
,
Populus
,
aut
Primores
,
aut
singuli
regunt
.
That
either
the
People
,
the
principal
Citizens
,
or
single
Persons
govern
all
Nations
and
Cities
.
Every
one
of
these
are
again
subdivided
.
The
Government
of
one
is
either
a
[
](A46988-e18810-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
3.
c.
7.
King
,
who
rules
for
the
good
of
his
whole
Subjects
,
or
a
Tyrant
,
who
pretending
the
Protection
of
the
People
against
the
too
severe
Rule
of
a
King
,
or
the
States
,
exerciseth
Arbitrary
Rule
over
all
.
The
few
constitute
an
[
](A46988-e18850-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
li.
4.
c.
8.
Aristocracy
,
wherein
a
select
,
and
small
number
of
the
principal
Citizens
Rule
for
the
public
good
;
or
Oligarchy
where
the
Rich
only
rule
for
their
particular
Profit
.
As
to
the
Rule
of
the
People
,
or
wherein
all
the
People
have
by
amicable
consent
an
equal
right
in
the
Government
,
and
accord
to
manage
it
for
the
common
good
of
the
whole
,
it
is
call'd
Democracy
:
If
not
for
the
common
benefit
of
Rich
and
Poor
,
it
is
call'd
Oclocracy
,
or
the
mis-rule
of
the
Rable
.
All
[
](A46988-e18890-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
which
he
includes
in
that
division
,
that
whatever
forms
of
Administration
regard
the
common
benefit
,
they
are
regular
,
and
such
as
are
consentaneous
to
Justice
;
but
whoever
having
the
Administration
,
consult
their
own
Profit
only
,
they
are
depraved
and
distorted
from
the
right
Forms
of
Government
.
The
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
mixture
of
all
these
,
or
any
two
of
them
,
is
often
mentioned
by
the
Philosopher
;
but
of
this
I
have
no
present
occasion
to
discourse
.
I
shall
begin
with
democracy
;
which
is
the
Clay
and
Iron
Feet
of
Nebuchadnezzar's
Image
.
It
is
but
one
remove
from
Anarchy
,
wherein
all
the
People
have
,
or
pretend
to
have
equal
right
to
Authority
,
where
all
govern
and
all
obey
.
For
the
People
(
saith
the
Philosopher
)
is
a
Monarch
or
simple
Government
by
aggregation
of
many
,
being
many
Lords
,
not
as
single
Persons
,
but
as
Members
of
the
All
;
which
he
thus
expresseth
,
[
](A46988-e18950-b)(g)
(g)
Polit.
l.
4.
c.
4.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Of
this
sort
of
Government
the
[
](A46988-e19000-b)(h)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
Philosopher
makes
five
Kinds
.
The
first
when
Rich
and
Poor
are
equally
capable
of
Government
.
Subdivisions
of
Democracy
.
The
second
when
a
small
real
Estate
is
required
to
capacitate
them
.
A
third
where
all
Citizens
,
not
by
some
Qualifications
debarred
,
are
admitted
;
but
so
that
the
[
](A46988-e19030-b)(i)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Laws
govern
,
or
are
the
Standard
.
A
fourth
where
only
the
Inhabitants
of
the
City
,
not
those
that
live
dispersed
in
the
Villages
depending
on
the
City
,
had
share
in
Government
,
the
Law
also
being
the
Rule
.
The
fifth
when
the
Multitude
rule
by
majority
of
Voices
,
and
not
the
Law
;
so
that
their
temporary
Votes
were
Law
.
We
have
resemblance
of
these
kinds
of
Governments
in
our
Corporations
,
Concerning
the
Democracies
in
Corporations
.
where
in
the
Elections
of
Magistrates
,
in
some
places
all
Freemen
,
in
others
those
only
who
have
Burgage
Land
,
in
others
a
Common-Council
solely
,
have
Vote
,
and
the
whole
Body
,
or
such
and
such
parts
have
Power
to
make
By-laws
.
If
we
had
no
other
Argument
against
Democracy
but
this
,
that
it
is
of
that
narrow
capacity
that
it
cannot
be
adapted
to
order
Regions
of
large
extent
,
it
would
be
sufficient
to
discredit
it
;
for
we
find
in
those
incorporated
little
Democracies
,
there
are
more
Factions
and
divisions
than
in
the
whole
large
adjoining
tracts
of
Land
about
them
,
though
the
Villages
contain
a
much
numerouser
People
.
It
is
rarely
found
but
that
in
all
Votes
relating
to
the
public
,
Combinations
are
made
by
Kindreds
,
Companies
,
or
Factions
.
The
inferior
sort
having
equal
Vote
,
often
out-number
the
Richer
and
Wiser
,
and
so
businesses
are
aukwardly
or
tumultuarily
determin'd
,
and
the
meaner
People
must
either
neglect
their
domestic
affairs
,
to
attend
frequent
Conventions
,
or
leave
the
managery
to
a
stirring
factious
Party
,
which
is
[
](A46988-e19090-b)(k)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
5.
c.
5.
contrary
to
the
fundamental
equality
and
freedom
they
labour
for
.
As
these
Corporations
were
first
created
by
the
Sovereigns
Grace
and
Favour
,
for
the
encrease
of
Trade
,
and
enriching
the
places
,
and
administration
of
Justice
:
so
while
they
keep
themselves
within
the
bounds
of
their
Duties
,
are
Loyal
to
their
Prince
,
and
Faithful
to
the
Government
,
and
presume
not
by
their
Pragmaticalness
to
dispose
of
the
Fate
of
the
Empire
,
or
by
their
factious
Elections
to
make
disturbances
;
It
is
very
necessary
they
should
enjoy
all
their
municipal
Priviledges
.
But
so
many
Corporations
having
of
late
acted
contrary
,
it
is
no
wonder
that
the
late
King
,
upon
solid
reason
of
State
,
issued
out
his
Quo
Warranto's
against
them
;
and
in
all
the
new
Charters
reserv'd
a
Power
in
the
Crown
of
displacing
the
Evil
Magistrates
at
pleasure
.
But
to
leave
this
to
another
place
,
I
shall
note
out
of
the
Philosopher
such
Arguments
as
he
useth
against
Democracy
.
1.
Argument
against
Democracy
,
Injustice
.
As
first
that
the
common
People
being
the
greater
number
,
and
the
Soveraignty
being
supposed
to
be
in
the
whole
complex
Body
,
whatever
they
approve
must
be
establish'd
as
a
Right
and
Law
,
[
](A46988-e19160-b)(l)
(l)
Vbi
plebs
est
domina
,
necesse
est
ut
quod
plurimis
visum
sit
,
hoc
quoque
sit
ratum
&
hoc
sit
jus
.
Polit.
l.
6.
c.
2.
and
suppose
they
vote
a
Dividend
of
the
richer
Citizens
Estates
among
themselves
;
though
this
by
the
force
of
their
Government
be
just
,
yet
in
its
own
nature
it
is
great
Injustice
to
destroy
the
rich
Man's
Propriety
,
as
well
as
it
were
for
the
Rich
to
do
the
same
to
the
Poor
.
2dly
.
2.
Against
the
Common
Peoples
Liberty
of
Elections
.
Liberty
being
the
principle
of
all
Democratical
Government
,
it
consists
in
two
things
,
either
to
live
[
](A46988-e19210-b)(m)
(m)
Plerisque
jucundius
est
licenter
vivere
quam
modeste
.
Ib.
c.
2.
licentiously
,
which
in
Athens
and
other
places
was
very
fatal
,
and
as
Demosthenes
,
Isocrates
,
and
Cicero
complain
that
under
the
specious
pretence
of
Liberty
,
even
Anarchy
prevail'd
.
Or
Secondly
in
the
free
and
uncontroulable
Power
of
chusing
their
Magistrates
,
and
this
accasioned
the
contest
of
parties
for
Victory
;
hence
Crowds
,
Tumults
,
Routs
,
Riots
,
Frays
and
Quarrells
,
and
after
all
,
Heart-burnings
.
[
](A46988-e19270-b)(n)
(n)
In
Licurg
.
Vide
Giphanii
Com.
in
c.
7.
l.
2.
Polit.
Arist.
Plutarch
gives
us
an
account
of
the
manner
of
some
Elections
for
Senators
,
that
certain
Persons
being
closed
in
a
Room
where
they
might
hear
the
peoples
Voices
,
but
not
see
the
People
,
One
Competitor
after
another
was
proposed
,
and
him
who
was
judged
to
have
most
Voices
,
they
carried
Crowned
to
the
Temples
of
the
Gods
,
Women
and
Children
following
him
with
Shouts
.
This
[
](A46988-e19310-b)(o)
(o)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
L.
2.
Polit.
c.
9.
Aristotle
calls
a
Childish
action
in
so
grave
an
affair
,
it
being
not
fit
for
any
to
seek
Magistracy
in
such
a
way
,
that
by
the
judgment
of
the
Multitude
only
,
is
thought
fit
to
Rule
;
but
[
](A46988-e19360-b)(p)
(p)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
he
that
is
worthy
,
be
he
willing
or
unwilling
,
should
have
the
place
.
Therefore
we
observe
where
the
King
hath
the
sole
Power
of
nominating
Judges
,
Sheriffs
,
Justices
of
Peace
,
&c.
though
they
are
of
as
great
advantage
to
the
Peace
and
order
of
the
Government
,
as
Mayors
,
Sheriffs
,
or
Common-Council
Men
of
Corporations
,
there
are
neither
Hubbubs
or
Quarrels
at
their
Elections
,
and
they
are
generally
better
qualified
than
such
as
court
the
peoples
Favour
.
Therefore
[
](A46988-e19390-b)(q)
(q)
Rempublicam
perituram
in
qua
viri
Principes
consultant
,
Populus
vero
&
imperita
plebecula
decernit
.
Laertius
exclaims
justly
that
the
Common-weal
must
perish
,
in
which
the
Nobility
consult
,
but
the
People
and
unskillful
common
Rabble
give
Judgment
.
3dly
.
3.
Their
Faction
.
In
this
Government
there
is
a
continual
spawning
of
Faction
.
So
it
is
[
](A46988-e19440-b)(r)
(r)
Giphanii
Comment.
in
lib.
5.
c.
5.
Polit.
observ'd
that
at
Athens
the
Democratical
Government
mostly
obtain'd
,
yet
in
the
Attick
State
there
were
no
less
than
three
Factions
,
according
to
the
tripartite
division
of
the
People
:
viz.
the
Diacrii
,
that
inhabited
the
mountainous
Parts
,
who
were
for
pure
Democracy
;
the
Pediaci
,
who
inhabited
the
lower
Grounds
,
and
they
were
for
a
mixture
of
Oligarchy
;
and
the
Parulii
,
or
Inhabitants
on
the
Sea-Coasts
,
and
those
were
a
mixture
of
both
;
which
Aristotle
calls
the
Politick
.
Hence
Pisistratus
appearing
an
Enemy
to
the
Pediaci
,
made
himself
gracious
with
the
People
,
and
so
easily
got
the
Government
.
So
he
instanceth
in
the
changes
of
those
of
Milesia
,
by
the
Prytania
,
which
was
like
a
Consulship
or
Dictatorship
at
●●me
.
So
he
gives
an
account
of
Dionysius
feigning
himself
to
be
wounded
by
the
Nobility
,
who
hated
him
for
his
love
to
the
People
,
raised
a
great
Envy
and
Rage
of
the
People
against
them
,
and
so
established
himself
.
So
Theagenes
by
slaying
the
Cattle
of
the
Nobility
,
animated
the
People
of
Maegara
to
follow
him
,
till
by
suppressing
the
Nobility
and
Richer
,
he
got
himself
to
be
Master
of
all
.
The
like
we
may
read
in
[
](A46988-e19610-b)(s)
(s)
Lib.
13.
c.
9.
Diodorus
Siculus
,
that
Agathocles
did
at
Syracuse
.
All
which
Changes
were
the
Issues
of
Factions
betwixt
the
Nobility
and
Common-people
,
which
is
as
inseparable
from
this
sort
of
Government
,
as
the
Prickle
is
from
the
Thistle
,
or
the
Husk
from
the
Corn.
Fourthly
,
The
Philosopher
notes
,
That
in
this
Government
the
Demagogues
were
most
used
.
These
indeed
were
the
Bell-wethers
of
Faction
,
the
Conductors
of
the
Peoples
Wills
and
Affections
,
by
the
power
of
their
Popularness
.
The
[
](A46988-e19700-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Pol.
l.
4.
c.
4.
Philosopher
tells
us
,
there
was
no
use
of
them
,
where
the
Law
commanded
;
but
where
Matters
were
judged
by
the
Decrees
of
the
People
onely
,
they
were
of
use
,
being
the
Authors
that
all
things
might
be
reduced
to
the
Power
of
the
People
,
whom
they
wrought
upon
by
their
Suasives
,
to
place
or
displace
Magistrates
,
or
to
enlarge
or
circumscribe
their
Power
.
Therefore
he
scarce
allows
the
[
](A46988-e19740-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Id.
l.
5.
c.
5.
Name
of
Government
to
this
kind
of
Republic
,
because
where
the
Laws
have
not
Authority
,
there
is
no
Commonwealth
;
for
that
these
Demagogues
making
the
Mobile
Lord
over
the
Laws
,
and
constantly
raising
Factions
against
the
Rich
,
Civitate
ex
una
duas
faciant
,
of
one
City
or
Society
made
two
:
So
that
in
that
Contest
mostly
an
Oligarchy
prevailed
;
and
by
the
petulancy
of
the
Demagogues
(
who
led
the
People
by
Herds
,
pretending
,
as
it
was
their
Office
,
[
](A46988-e19820-b)(w)
(w)
Neminem
plebem
injuria
afficere
.
that
none
should
injure
the
People
)
they
exasperated
the
Nobility
to
subvert
the
Government
,
or
having
got
a
powerful
Ascendant
,
usurped
it
themselves
;
as
the
Philosopher
instanceth
in
the
Islands
of
Chios
and
Rhodes
,
in
the
Cities
of
Heraclea
,
of
Pontus
,
in
the
Colonies
of
the
Athenians
at
Megaris
;
the
Nobles
being
abused
and
banished
,
righted
themselves
by
Arms
,
and
obtained
the
Government
;
and
Thrasymachus
did
the
like
at
Cuma
.
These
Demagogues
among
the
Grecians
,
the
Ephori
among
the
Lacedemonians
,
and
the
Tribunes
of
the
People
among
the
Romans
,
are
often
compared
,
as
Officers
of
the
same
kind
,
chosen
to
support
the
Peoples
Interests
.
The
Philosopher
gives
us
an
account
how
the
Demagogues
comported
themselves
at
the
places
before-named
;
of
which
number
,
he
saith
,
were
Pericles
,
Cilon
,
Hyperbolus
,
Lycurgus
,
Hyperides
,
Demosthenes
.
Concerning
the
Ephori
,
Of
the
Ephori
.
[
](A46988-e20040-b)(x)
(x)
Saepe
valde
pauperes
accidit
esse
in
hoc
Magistratu
,
qui
propter
paupertatem
sunt
venales
.
Polit.
lib.
2.
c.
7.
Aristotle
saith
,
That
among
the
Lacedemonians
they
had
the
greatest
Power
,
and
being
chosen
by
the
People
,
it
often
hapned
that
very
poor
men
obtained
the
Office
,
who
by
reason
of
their
poverty
were
mercenary
,
as
he
instanceth
in
the
Andrici
,
where
they
being
corrupted
with
Money
,
lost
the
City
.
He
further
adds
,
That
though
these
were
chosen
by
the
ignorant
Populace
,
and
often
were
men
very
unfit
for
their
Office
;
yet
they
had
Judgment
in
Capital
matters
,
and
did
not
judge
in
Cases
of
Death
or
Ignominy
by
written
Laws
,
but
arbitrarily
;
so
that
the
very
Kings
of
Sparta
were
forced
to
observe
,
caress
,
and
reverence
them
.
As
to
the
Tribunes
of
Rome
,
The
Tribunes
of
Rome
.
they
caused
many
grievous
Troubles
about
the
Agrarian
Laws
.
Sp.
Cassius
being
the
first
(
according
to
Valerius
)
that
raised
those
Disputes
,
and
was
slain
by
his
Father
;
though
Livy
and
Dionysius
say
it
was
Licinius
Stolo
,
and
after
many
years
Q.
Flaminius
put
the
same
in
execution
,
the
Senate
being
against
it
.
So
Gracchus
,
Tiberius
,
Titius
,
&c.
did
upon
the
same
account
raise
great
Commotions
.
This
was
for
the
taking
the
ancient
Possessions
from
the
Rich
,
and
distributing
them
among
the
Poor
,
Therefore
[
](A46988-e20250-b)(y)
(y)
Giphan
.
Comment.
in
c.
7.
lib.
2.
Polit.
Cicero
saith
,
It
was
a
pleasant
thing
to
the
People
,
for
that
they
were
thereby
supported
without
Labour
;
but
the
good
Citizens
resisted
it
,
because
it
would
extinguish
Industry
,
and
exhaust
the
Treasury
,
and
inure
the
People
to
Sloth
.
From
all
which
,
we
may
conclude
,
That
Democracy
in
its
Constitution
is
onely
fitted
for
small
Principalities
;
and
in
it
neither
Industry
,
or
worthy
Persons
,
can
have
Encouragement
:
How
obnoxious
it
is
to
Factions
,
or
must
have
a
mixture
of
other
Governments
to
support
it
,
in
being
headed
by
some
few
popular
Persons
;
or
must
have
a
shadow
of
Monarchy
,
in
the
ruling
Demagogues
,
Ephori
,
or
Tribunes
;
otherwise
it
cannot
subsist
.
This
leads
me
to
the
Fifth
Argument
of
the
Philosopher
against
Democracy
,
Democracy
least
durable
.
That
it
was
never
found
to
be
of
any
long
continuance
:
For
,
[
](A46988-e20340-b)(z)
(z)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
6.
c.
4.
he
saith
,
That
all
Tyrannical
Constitutions
are
Popular
:
And
it
is
well
known
,
That
,
of
all
Governments
what
is
Tyrannical
,
is
the
most
short-lived
.
Liberty
being
the
End
and
Scope
pretended
,
according
to
the
Fundamental
Constitution
of
Democracy
,
[
](A46988-e20380-b)(a)
(a)
Vicissim
parere
&
imperare
.
to
Obey
and
Rule
by
Turns
;
the
sweetness
of
Command
induceth
them
that
have
once
obtained
it
,
to
continue
it
;
and
the
Slavery
of
obeying
such
Fellows
and
Companions
,
continually
provokes
others
to
cast
off
the
Yoke
:
So
that
from
hence
Jars
and
Feuds
shatter
the
Government
in
pieces
.
Besides
,
the
unwieldy
Body
of
the
People
seldom
continue
long
in
one
mind
,
nor
can
transact
things
without
delegation
of
Power
to
some
few
;
by
all
which
their
instability
is
discovered
,
and
the
shortness
of
their
continuance
shews
the
feeble
and
impotent
Principles
they
are
founded
upon
.
For
where
ever
it
hath
had
any
duration
,
it
hath
not
been
from
its
intrinsick
adapture
,
but
from
the
mixture
of
other
Forms
in
their
kinds
more
durable
;
Democracy
being
in
it self
such
a
Rolling-ground
,
that
nothing
stable
can
be
built
upon
it
.
It
is
not
to
be
denied
,
Where
Aristotle
allows
of
Democracy
.
that
Aristotle
in
some
Cases
allows
of
Democracy
;
but
it
is
where
the
[
](A46988-e20430-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
6.
c.
4.
Multitudes
live
by
Husbandry
,
Pasture
,
or
Feeding
of
Cattel
.
For
these
being
continually
employed
,
have
not
much
publick
Business
,
nor
leisure
to
attend
the
Assemblies
;
it
being
more
pleasant
and
profitable
for
them
to
mind
their
private
Affairs
,
than
to
bear
Office
where
little
Profit
is
to
be
had
.
But
he
likewise
observes
,
That
those
that
lived
upon
Tillage
and
Pasture
(
being
the
ancientest
sort
of
People
,
before
Luxury
brought
in
Handicrafts
and
Artizans
)
easilier
yielded
to
the
Government
of
a
Single
Person
,
or
Tyranny
,
or
Oligarchy
,
so
long
as
they
could
enjoy
their
Country
Farms
in
peace
.
Whereas
those
in
Cities
,
consisting
of
Tradesmen
,
Artificers
,
the
mercenary
Multitude
,
and
such
as
lead
an
idle
Life
,
having
Leisure
and
Curiosity
to
carry
them
to
the
Assemblies
,
were
more
subject
to
Democracy
,
or
Aristocracy
,
or
any
Novelty
or
Change
.
There
are
three
things
which
render
Democracy
most
taking
with
the
Vulgar
.
The
plausible
Pleas
for
Democracy
answered
.
First
,
Pretended
impartial
Administration
of
Justice
.
Secondly
,
The
specious
,
but
empty
Name
of
Liberty
.
Thirdly
,
The
so
much
applauded
Equality
,
by
which
they
seem
to
reduce
their
Civil
Constitutions
to
the
primary
Laws
of
Nature
,
which
gave
to
all
men
Common
Right
.
Concerning
the
first
,
(
saith
a
Judicious
[
](A46988-e20530-b)(c)
(c)
Dudley
Digs
of
Resistance
p.
22.
1.
That
Justice
is
not
so
impartially
administred
.
Author
,
whose
Discourse
on
this
Head
I
shall
epitomize
)
Their
Hopes
that
Justice
should
be
more
equally
administred
,
are
grounded
upon
this
,
That
though
some
Rivers
may
be
corrupted
,
yet
the
Ocean
cannot
.
A
man
may
satisfie
the
Interests
of
some
few
,
and
corrupt
them
into
favour
and
respect
of
Persons
;
but
it
is
hard
to
do
the
same
with
a
Multitude
:
for
to
buy
Justice
of
so
many
,
would
be
no
thriving
Trade
.
But
this
,
though
plausible
,
is
but
a
very
fallacious
Argument
:
For
it
is
found
by
experience
,
that
some
few
more
crafty
Citizens
,
who
have
gained
Credit
with
the
People
,
order
Business
in
their
close
Committees
,
and
so
undiscernably
lead
the
Multitude
to
whatever
they
call
the
Publick
Good
(
of
which
they
,
having
prevailed
upon
their
Affections
,
are
esteemed
the
most
competent
Judges
)
by
which
any
one
of
the
Juncto
(
for
they
must
gratifie
each
other
mutually
)
is
enabled
to
cross
the
Course
of
Law
in
a
Friend's
behalf
,
and
to
put
a
sharper
Edge
upon
the
Sword
of
Justice
when
it
strikes
an
Enemy
.
These
kind
of
men
,
by
frothy
Eloquence
in
set
Speeches
,
cunningly
fitted
to
the
Capacity
of
the
Common
People
,
having
got
the
Art
of
changing
the
Peoples
Opinion
of
Just
and
Unjust
,
(
for
Reasons
are
not
weighed
,
where
such
Numbers
hold
the
Ballance
)
their
Art
is
to
apply
their
Harangues
to
that
which
rules
the
weaker
men
,
the
Affections
;
and
these
are
easily
convinced
,
and
made
the
Measures
of
their
Judgments
,
the
want
of
weight
in
the
[
](A46988-e20580-b)(d)
(d)
Suaden'o
docent
,
non
docendo
suadent
.
Premisses
being
supplied
by
an
extraordinary
love
to
the
Conclusion
.
The
Judgments
of
Right
and
Wrong
(
being
not
like
Mathematical
Knowledge
)
are
as
various
as
their
Interests
different
,
because
they
concern
Meum
and
Tuum
,
wherein
Profit
is
the
[
](A46988-e20620-b)(e)
(e)
Vtilitas
Justi
prope
mater
&
Aequi
est
.
Parent
of
Equitable
and
Just
;
and
these
Ruling
men
,
when
they
have
a
mind
to
do
a
man
a
prejudice
,
can
easily
transfer
his
Business
to
the
Common
Peoples
Verdict
,
where
they
shall
be
sure
to
have
their
Fleece
torn
off
by
the
Brambles
or
Briars
,
or
suffer
as
cruel
Death
(
if
they
be
judged
Capital
Offenders
)
as
those
may
be
conceived
to
undergo
that
are
rolled
to
death
in
a
spiked
Barrel
.
So
we
find
the
Grecian
Emperor
Isacius
Angelus
,
and
the
two
De
Witts
were
torn
in
pieces
,
when
exposed
to
be
worried
by
the
Rabble
.
Secondly
,
as
to
Liberty
;
2.
True
Liberty
is
wanting
in
Democracy
.
it
is
strange
Men
should
so
generally
fall
in
love
with
a
bare
sound
,
and
court
a
name
of
freedom
,
which
duly
examined
,
signifies
nothing
.
They
cannot
mean
by
it
a
looseness
from
all
Laws
;
they
dare
not
own
such
pernicious
Licence
;
the
true
debate
is
not
,
Whether
they
shall
admit
the
Bonds
of
Laws
(
for
they
readily
embrace
them
,
being
forged
and
fitted
by
themselves
)
but
who
shall
impose
them
?
The
question
is
not
,
Whether
[
](A46988-e20690-b)(f)
(f)
Non
an
servirent
,
sed
an
servirent
uni
vel
pluribus
.
they
should
serve
,
but
,
Whether
they
should
serve
one
or
more
?
and
with
them
it
is
commonly
called
Liberty
,
to
serve
many
Masters
.
Now
if
we
rightly
consider
,
the
restraint
of
our
Freedom
is
that
which
is
most
valuable
amongst
the
benefits
of
Government
.
For
this
it
is
preserves
Peace
among
men
,
by
it
their
hands
are
tied
up
from
doing
injury
.
Every
one
,
it
is
true
,
could
wish
to
retain
full
and
absolute
liberty
,
but
not
upon
condition
all
others
should
enjoy
the
same
.
For
that
love
to
it
,
and
delight
in
it
,
is
overbalanced
by
the
fears
,
and
the
sad
consideration
arising
from
the
thoughts
of
others
freedom
,
to
make
us
suffer
as
much
as
they
may
be
tempted
to
inflict
.
Besides
,
where
can
true
Liberty
be
,
where
the
unconstant
Mobile
have
the
dispensing
of
it
;
who
have
no
clear
Idea
of
it
,
are
always
catching
at
the
shadow
,
and
the
ungrasped
Cloud
,
for
Juno
.
Their
Votes
are
easily
corrupted
,
when
a
[
](A46988-e20750-b)(g)
(g)
Platarc
.
in
Vita
Marii
.
Marius
pours
out
Bushels
of
Corn
in
the
Forum
,
to
buy
them
:
They
are
impelled
as
we
see
in
crowds
,
first
one
way
,
then
another
,
ebbing
and
flowing
in
their
actions
,
like
the
unconstant
Ocean
;
and
this
they
call
their
Liberty
,
which
rather
is
their
servile
Bondage
,
being
all
this
while
in
the
shorter
or
longer
Chain
of
their
corrupt
affections
or
weak
judgments
.
For
how
can
we
think
the
common
body
competent
Judges
to
manage
affairs
,
who
besides
inconstancy
and
disorder
,
do
every
thing
in
such
a
manner
as
it
is
very
hard
to
separate
Tumults
and
Multitudes
;
and
amongst
Judges
,
so
qualified
as
they
are
,
it
is
not
enough
to
give
prudent
Council
,
but
it
must
likewise
be
fortunate
;
otherwise
the
judicious
giver
of
it
,
may
probably
find
a
great
abridgment
of
his
Liberty
,
if
not
worse
.
Thirdly
,
Concerning
Equality
,
Concerning
Equality
.
while
they
urge
it
comes
nearer
to
the
Law
of
Nature
;
by
the
same
reason
they
must
dissolve
Government
,
since
it
would
take
away
all
Magistrates
,
Superiors
and
Inferiors
.
Besides
,
it
is
against
Nature
it self
,
that
there
should
be
such
Equality
;
as
to
instance
,
if
in
Rewards
it
had
been
intended
,
Nature
would
have
made
all
men
equally
deserving
:
and
Reason
teacheth
us
,
that
since
we
may
excel
others
by
Education
and
Industry
;
greater
Encouragements
should
be
allotted
in
consideration
of
the
charges
of
good
breeding
,
and
of
the
extraordinary
studies
whereby
Men
enable
themselves
to
serve
the
Publick
.
Besides
,
this
Equality
,
though
pretended
to
conserve
,
doth
in
truth
destroy
Unity
;
for
none
are
so
quarrelsome
,
none
so
subject
to
envy
as
equals
:
Every
one
being
Judge
in
his
own
case
,
will
yield
nothing
to
common
Justice
.
To
close
this
Chapter
,
We
may
judge
of
the
thriving
of
popular
States
,
by
what
we
observe
of
Commons
,
which
are
always
poor
and
bare
of
good
and
wholesome
Grass
,
comparatively
with
Enclosures
.
If
these
Wafts
be
taken
into
one
Mans
hand
,
he
causeth
the
fertile
crop
of
Thistles
to
be
Mowed
,
stubbs
up
the
Shrubs
and
Brambles
,
ploughs
up
the
Brakes
,
trencheth
and
cultivates
the
Whole
,
and
encreaseth
the
profit
four
fold
;
whereas
,
when
it
lies
in
common
,
every
one
serves
his
present
turn
of
it
,
overstocks
it
,
and
nothing
is
bred
upon
it
,
but
poor
Jades
and
Beasts
of
Burthen
.
Yea
,
the
greater
part
of
Men
in
a
popular
State
,
being
bred
up
to
gain
,
make
Profit
the
rule
of
their
Actions
,
entertain
but
little
sence
of
Honour
,
and
thereby
the
State
is
soon
corrupted
by
their
low
affections
:
so
that
though
some
may
be
rich
,
yet
the
State
can
never
be
glorious
.
In
the
standing
Pools
of
popular
Government
,
from
the
putrilage
and
mud
,
spawn
swarms
of
Tadpols
.
The
rankness
of
such
soyl
brings
store
of
Tares
and
Goss
,
Docks
and
Nettles
:
Here
the
Henbane
,
Night-shade
and
Aconite
grow
too
luxuriantly
;
so
that
the
medicinal
and
fragrant
Plants
rarely
find
room
or
cultivation
.
CHAP.
VII
.
Of
the
several
Forms
of
Government
in
Greece
,
before
and
in
Aristotle's
time
,
and
of
the
Roman
Commonwealth
.
THE
Philosopher
observes
,
[
](A46988-e20910-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
3.
c.
15.
that
in
remote
Ages
,
when
there
were
fewer
Persons
of
the
sublimest
eminence
for
Valour
,
Wisdom
,
Vertue
and
publick
spiritedness
to
protect
by
their
Courage
and
Conduct
,
to
institute
Laws
by
their
Wisdom
,
to
be
a
living
Law
by
their
just
dealing
and
example
,
to
study
the
emolument
and
benefit
of
the
common
People
,
by
their
good
will
to
them
;
[
](A46988-e20950-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
Kingly
Government
was
solely
used
.
But
after
that
many
grew
up
to
be
equal
in
vertue
,
they
endured
Kings
no
longer
,
but
setled
Common-wealths
,
and
used
an
Aristocratical
Government
,
where
the
eminentest
in
Vertue
only
governed
:
but
when
these
degenerated
,
and
begun
to
make
profit
of
their
publick
places
,
Oligarchy
began
,
where
respect
was
not
so
much
had
to
Vertue
,
as
to
Riches
and
Honours
;
and
these
growing
Tyrannical
,
the
People
revolted
from
them
,
and
so
Democracy
was
introduced
.
Of
Aristocracy
the
Philosopher
makes
four
kinds
:
The
first
and
best
consisting
of
men
absolutely
[
](A46988-e20990-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
4.
c.
7.
good
and
vertuous
,
not
in
supposition
only
.
Several
kinds
of
Aristocracy
.
The
second
,
where
respect
was
not
only
had
to
Vertue
,
but
also
to
Riches
.
The
Third
,
where
,
besides
Vertue
,
also
Respect
was
had
to
the
Peoples
Liberty
,
as
in
Lacedaemonia
,
where
the
Ephori
were
introduced
.
The
fourth
,
where
Respect
was
had
to
Vertue
,
Riches
,
and
the
Peoples
liberty
,
as
at
Carthage
.
The
same
Philosopher
[
](A46988-e21110-b)(d)
(d)
Polit.
lib.
4.
c.
5.
Four
kinds
of
Oligarchy
.
makes
four
kinds
of
Oligarchy
.
The
first
,
wherein
those
of
the
largest
proportion
of
Estate
,
according
to
a
certain
limit
,
were
capable
of
Authority
,
and
all
under
that
degree
were
excluded
;
so
that
whoever
had
acquired
such
a
proportion
of
Estate
,
was
capable
of
Rule
,
without
any
other
qualification
.
The
second
was
,
when
the
Census
was
less
,
whereby
the
Government
was
in
more
hands
,
and
those
had
power
to
chuse
others
in
the
room
of
such
as
deceased
.
As
it
is
usual
in
our
Common-councils
.
In
the
third
kind
great
Riches
were
required
,
so
that
there
were
fewer
Governours
,
and
they
had
greater
Authority
,
and
their
Children
succeeded
them
.
The
last
kind
was
,
wherein
the
greatest
Estates
only
were
capacitated
:
But
the
Governours
were
not
tied
to
the
observance
of
Laws
,
but
ruled
according
to
their
own
wills
,
as
they
agreed
among
themselves
.
That
form
of
Government
which
the
[
](A46988-e21190-b)(e)
(e)
A●ist
.
Polit.
lib.
4.
c.
8.
Philosopher
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Of
the
Government
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
seems
rather
an
Idea
of
Government
,
than
that
ever
(
as
it
is
described
)
it
was
put
in
practice
.
For
he
instanceth
in
no
State
but
that
of
Sparta
,
that
had
any
resemblance
of
it
,
and
the
Thurians
which
degenerated
into
Democracy
.
However
I
shall
give
such
an
account
as
I
find
of
it
in
him
,
or
in
such
Commentators
as
I
have
by
me
,
especially
in
Giphanius
:
First
,
He
makes
it
a
[
](A46988-e21290-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
commixture
of
Democracy
and
Oligarchy
;
wherein
the
Poor
and
Rich
had
an
equal
capacity
to
the
Office
and
Administration
of
Government
,
and
calls
it
properly
a
Republic
,
because
those
Governments
which
incline
to
Democracy
,
were
so
called
,
because
they
seemed
most
fitted
for
the
Peoples
good
;
but
those
which
inclined
more
to
Oligarchy
,
were
used
to
be
stiled
Aristocracies
,
[
](A46988-e21310-b)(g)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
4.
c.
8.
because
those
that
are
rich
are
commonly
Persons
of
good
education
,
and
ennobled
,
which
things
he
saith
appertain
to
Vertue
.
So
that
there
being
three
necessary
ingredients
or
terms
in
a
Commonwealth
,
Vertue
,
Riches
and
Liberty
,
this
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
directly
includes
the
two
last
;
and
the
first
also
is
included
,
because
amongst
[
](A46988-e21360-b)(h)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
most
,
the
Rich
are
reputed
amongst
the
best
deserving
.
So
he
makes
this
kind
of
Government
to
be
different
from
Democracy
and
Oligarchy
,
because
mixed
of
both
;
so
that
in
one
particular
he
shows
the
combinations
of
these
two
in
Polity
,
by
setting
a
mulct
upon
the
Rich
that
absented
themselves
from
the
administration
of
the
Government
,
and
reward
upon
the
Poor
that
should
attend
it
,
which
in
Oligarchy
had
no
place
.
Another
sort
of
Commixture
[
](A46988-e21390-b)(i)
(i)
Lib.
4.
Polit.
c.
13.
he
makes
,
that
whereas
in
Oligarchy
,
there
is
only
respect
had
to
great
wealth
,
and
in
Democracy
,
no
respect
at
all
had
to
it
;
This
Polity
is
mixed
of
a
middle
sort
of
Riches
,
and
such
men
he
judgeth
the
best
tempered
,
as
not
covetous
and
greedy
as
the
Poor
,
nor
being
wealthy
enough
to
do
mischief
,
but
contenting
themselves
with
their
Mediocrity
.
A
third
kind
of
their
mixture
he
makes
,
that
whereas
in
Oligarchy
,
the
Magistrates
are
chosen
by
Riches
and
Suffrage
,
and
in
Democracy
without
these
;
the
Composition
is
,
That
the
Election
be
by
Suffrage
only
,
without
respect
had
to
Wealth
.
As
to
the
Roman
Commonwealth
;
The
Soveraignty
,
after
the
expulsion
of
Kings
,
consisted
in
the
Senate
,
the
Consuls
and
Tribunes
of
the
People
,
all
of
them
seeming
checks
upon
others
;
but
at
some
times
one
part
,
especially
the
Patricii
or
the
Plebs
,
assumed
or
exercised
more
power
,
one
than
the
other
,
according
to
the
prevalency
of
either
party
.
As
to
the
Senate
of
Rome
,
Romulus
elected
an
Hundred
out
of
the
Patricii
,
Of
the
Roman
Senate
.
to
be
his
Council
,
to
assist
him
in
determining
matters
concerning
the
Commonweal
.
Tarquinus
Priscus
added
an
Hundred
more
,
[
](A46988-e21530-b)(k)
(k)
Alexand.
ab
Alex.
Genialium
Dierum
,
lib.
9.
c.
2.
and
Brutus
,
according
to
most
Authors
,
another
Hundred
;
and
though
at
first
,
only
the
Patricii
were
chosen
,
yet
after
,
the
Commoners
also
were
chosen
,
called
Senatores
minorum
Gentium
.
These
had
the
consulting
part
under
their
care
,
were
the
great
Judicature
,
to
which
last
Appeals
were
made
,
and
by
their
ratifying
of
things
,
added
the
force
of
the
Senatus
consultum
,
by
which
they
decreed
honours
and
punishments
.
Concerning
the
Consuls
,
after
the
expulsion
of
Tarquinius
Superbus
,
the
Government
of
the
City
,
which
was
before
in
[
](A46988-e21630-b)(l)
(l)
Rosini
Antiq.
Rom.
lib.
7.
c.
9.
one
(
the
King
)
was
now
divided
betwixt
two
,
who
at
first
were
called
Praetores
quod
praeirent
Populo
,
and
not
long
after
Consules
from
consulting
for
the
People
.
These
at
first
,
had
the
executive
parts
of
most
things
relating
to
the
Government
,
under
their
care
;
but
after
,
by
the
consent
of
the
Senate
,
they
chose
two
Censors
,
who
took
an
account
,
not
only
of
the
number
and
riches
of
the
People
,
but
had
power
to
enquire
into
every
mans
life
.
They
also
for
administring
Justice
,
[
](A46988-e21690-b)(m)
(m)
Pighius
.
created
two
Officers
,
the
Praetor
Vrbanus
for
City-affairs
,
and
Peregrinus
for
Foreign
affairs
,
like
our
Mayors
.
These
Consuls
had
the
Government
of
the
Military
Force
,
and
other
Jurisdictions
too
long
to
be
here
inserted
.
They
were
at
first
but
two
for
a
year
,
after
four
or
more
by
removable
resignation
or
death
.
The
People
got
one
of
the
Consuls
to
be
chosen
of
the
Plebeians
.
Concerning
the
Tribunes
of
the
People
,
Of
the
Tribunes
of
the
People
.
we
may
note
that
the
Commonalty
,
finding
[
](A46988-e21760-b)(n)
(n)
Rosini
Epitome
rerum
Rom.
lib.
7.
c.
25.
themselves
oppressed
by
the
Wealthier
sort
,
departed
unto
the
Aventine
Mount
,
threatning
the
Nobility
they
would
depart
the
City
,
and
never
again
adventure
themselves
in
War
for
the
defence
thereof
,
unless
they
had
some
release
and
easment
,
and
had
certain
Magistrates
chosen
,
who
should
be
Sacrosancti
:
that
is
,
such
as
might
not
be
hurt
nor
violently
used
,
not
so
much
as
in
words
:
and
those
Magistrates
should
be
the
Protectors
of
the
Commonalty
,
who
being
at
first
chosen
from
the
military
Tribunes
,
and
they
having
the
name
of
Tribunes
from
the
distinction
of
the
Romans
into
Tribes
;
that
they
might
be
distinguished
from
the
military
Tribunes
,
were
called
the
Tribunes
of
the
People
.
At
[
](A46988-e21870-b)(o)
(o)
Pighius
Tyrannofugio
.
first
they
were
only
two
,
but
after
encreased
to
the
number
of
ten
.
They
had
power
to
hinder
any
Proceedings
in
the
Senate
,
which
they
thought
might
prove
prejudicial
to
the
Commons
.
At
[
](A46988-e21880-b)(p)
(p)
Stadius
in
Florum
,
lib.
3.
c.
2.
Eorum
Autoritas
magis
in
intercedendo
,
quam
jubendo
.
first
they
had
not
Authority
to
enact
any
new
Decrees
,
as
afterwards
by
abusing
their
Authority
,
and
by
Connivance
they
usurped
;
for
in
old
time
they
sate
[
](A46988-e21910-b)(q)
(q)
Pighius
ut
supra
.
without
the
door
of
the
Senate
,
whither
whatsoever
was
determin'd
within
the
Senate
,
was
sent
to
them
to
be
perused
,
and
if
they
approved
it
,
they
subscribed
a
Roman
T
for
Tribunus
.
When
any
new
Laws
were
to
be
proposed
,
the
[
](A46988-e21950-b)(r)
(r)
Godwyn's
Roman
Antiqu.
lib.
3.
sect.
2.
Praetors
,
Consuls
,
Dictators
,
Interrex
,
Decemviri
,
military
Tribunes
,
Triumviri
,
and
Tribunes
of
the
People
only
had
liberty
to
propose
them
,
and
they
were
exposed
to
view
of
the
People
for
three
Market
days
,
and
after
the
Magistrates
assembled
the
People
to
hear
the
Law
,
which
by
the
Proponent
was
pleaded
for
by
an
Oration
,
and
seconded
by
others
,
and
if
not
liked
,
it
was
opposed
in
the
same
manner
.
The
People
being
assembled
according
to
the
triple
distinction
of
them
into
Tribes
,
and
the
division
of
each
Tribe
into
ten
Curiae
,
or
Parishes
,
and
the
Centuries
or
Hundreds
,
the
Assemblies
were
called
Comitia
,
Tributa
Centuriata
,
or
Curiata
.
Now
into
a
Pitcher
were
put
the
names
of
these
several
divisions
,
and
that
Tribe
or
Centuries
Name
which
was
first
drawn
,
was
called
Tribus
,
vel
Centuria
Praerogativa
;
because
they
were
first
asked
their
Voices
,
and
commonly
the
vote
of
that
was
followed
by
the
rest
,
especially
in
choice
of
Consuls
:
the
Curia
upon
which
the
first
Lot
did
fall
,
was
called
Principium
.
[
](A46988-e22090-b)(s)
(s)
Hubert
in
Lib.
1.
Cicer.
Epist.
Serm.
2.
Now
while
the
People
were
busy
in
their
Lottery
,
if
any
Tribune
of
the
Commons
should
intercidere
,
or
forbid
the
Proceeding
,
he
might
be
heard
,
and
the
whole
Assembly
was
for
that
time
dismissed
;
or
if
the
Consuls
commanded
supplications
to
be
offered
up
in
behalf
of
the
Emperor
,
or
if
it
fell
on
some
forbidding
of
Feasts
,
or
if
any
were
seized
with
the
Falling-sickness
,
or
the
Soothsayers
found
any
unlucky
Signs
:
upon
any
of
these
the
Assembly
was
dissolved
;
otherwise
the
Law
that
was
approved
by
the
People
,
was
recorded
,
being
graven
[
](A46988-e22140-b)(t)
(t)
Tacit.
Annal.
11.
in
Brass
,
and
put
in
the
Treasure
house
.
That
which
was
determined
in
the
[
](A46988-e22160-b)(v)
(v)
Sigonius
de
Jure
,
lib.
3.
cap.
1.
Parish-Assemblies
was
called
Lex
Curiata
,
that
in
the
Centuries
,
Lex
Centuriata
,
that
which
was
in
the
Assembly
of
the
Tribes
was
not
called
a
Law
,
but
Plebiscitum
.
CHAP.
VIII
.
The
Inconveniences
of
all
kinds
of
Republic
Governments
.
I
Shall
now
consider
all
these
forms
of
Commonwealths
in
gross
,
and
hope
to
satisfy
the
ingenuous
and
unbiass'd
Reader
,
That
if
a
People
were
in
a
capacity
to
chuse
their
own
Government
,
they
should
have
no
reason
to
chuse
a
Common-wealth
,
rather
than
Kingly
Government
:
much
less
that
they
should
endeavour
to
innovate
or
introduce
it
,
where
already
so
Geometrically
composed
as
it
is
in
England
,
both
for
the
glory
and
benefit
of
the
King
and
People
.
It
is
Judiciously
noted
by
a
late
[
](A46988-e22280-b)(a)
(a)
Nalson's
Common
Interest
,
c.
3.
The
Benefits
designed
in
all
Societies
.
Learned
Writer
,
That
the
happiness
of
all
Societies
principally
consists
in
the
securing
domestic
Peace
,
or
protection
from
foreign
Enemies
,
securing
to
every
Member
of
the
Society
their
particular
right
and
property
,
free
from
encroachment
and
oppression
;
or
in
the
equal
distribution
of
Justice
to
all
,
according
to
their
proportion
of
Reward
or
Punishment
.
Through
all
which
heads
I
shall
endeavour
to
shew
that
in
Commonwealths
these
Particulars
cannot
or
have
not
so
effectually
been
secured
,
as
in
a
rightly
constituted
Monarchy
.
First
as
to
the
securing
domestick
Peace
,
1.
Securing
Domestick
Peace
.
the
very
constitutions
of
Commonwealths
,
requiring
many
Magistrates
of
equal
Authority
,
subject
to
the
Political
Diseases
of
State
;
Viz.
Covetousness
,
Ambition
,
Oppression
and
Faction
,
and
all
the
Concomitants
of
these
,
make
them
more
subject
to
Intestine
Discords
than
Monarchy
can
be
.
First
,
Ibid.
Covetousness
in
Commonwealths-men
causes
Discords
.
It
must
be
considered
that
in
all
Commonwealth
Governments
,
there
is
a
necessity
of
change
of
Persons
,
either
annually
chosen
,
or
to
be
for
some
few
Years
duration
;
and
all
such
must
at
the
same
time
intend
the
interests
of
their
private
affairs
separate
from
the
public
:
and
there
being
most
tempting
Probabilities
of
a
private
and
particular
advantage
to
be
made
of
all
publick
Trust
,
where
there
is
Power
;
it
is
a
perpetual
Spur
to
ambitious
and
selfish
Spirits
,
to
court
such
Employments
which
are
like
to
be
serviceable
to
their
Honour
or
private
Fortunes
;
and
the
[
](A46988-e22370-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit
lib.
5.
c.
4.
best
Men
being
restrained
by
their
modesty
and
paucity
,
those
that
have
designs
by
direct
or
indirect
ways
,
wind
themselves
into
those
places
,
and
by
the
rotation
knowing
they
shall
not
long
enjoy
them
,
they
will
improve
the
time
in
enriching
themselves
,
and
connive
at
others
that
do
so
,
lest
they
themselves
should
be
called
to
an
account
:
every
ones
rapaciousness
being
likelier
to
be
so
much
the
eagerer
,
because
he
knows
it
may
not
come
again
to
his
turn
to
have
the
Quarry
to
prey
upon
.
Therefore
the
common
interest
(
if
it
be
regarded
)
must
be
only
as
it
is
subservient
to
these
By-ends
.
Thus
in
our
late
Republic
,
the
great
Business
(
even
of
the
zealousest
Pretenders
to
the
Public
)
was
to
enrich
themselves
and
their
Confederates
,
as
was
apparent
by
the
considerable
Estates
they
had
,
even
after
they
had
been
forced
to
disgorge
those
fat
Portions
of
Crown
,
Bishops
,
Dean
,
and
Chapter
,
and
Cathedral
Lands
.
By
this
observation
we
may
conclude
that
the
constituent
parts
of
this
Government
,
being
ever
like
to
be
such
,
the
miserable
People
must
be
continually
spunged
,
to
feed
so
many
greedy
Worms
,
and
when
the
Prey
grows
scarce
,
these
Blood-Hounds
will
be
sure
to
fight
who
shall
get
the
best
Share
.
Besides
,
there
must
be
continual
Heart-Burnings
and
Part-making
,
Factions
among
them
.
when
those
that
are
endowed
with
[
](A46988-e22450-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
5.
c.
7.
great
Souls
,
or
are
equal
in
Fortitude
,
or
Vertue
,
have
not
the
eminentest
command
(
at
least
as
they
judg
)
according
to
their
Worth
and
Merits
.
By
which
means
some
will
be
carrying
things
by
Arbitrary
Power
over
their
Equals
,
as
the
Philosopher
instanceth
in
Pausanius
in
Lacedaemon
,
Hanno
at
Carthage
,
Lysander
,
and
Eniadas
,
and
the
Partheniae
,
who
judging
themselves
equal
with
those
that
had
rule
,
and
being
by
them
slighted
and
branded
with
the
title
of
Bastards
,
conspired
to
have
slain
the
Senate
and
Optimacy
.
To
instance
in
all
the
Factions
in
Commonwealths
,
were
to
write
a
voluminous
History
.
I
shall
touch
upon
some
,
and
show
that
the
causes
either
given
or
taken
will
always
be
the
same
in
these
kinds
of
Government
;
the
very
Constitution
of
them
,
by
the
purity
and
equality
of
Dignity
and
Power
,
naturally
producing
Jealousies
,
Animosities
and
Aemulations
:
whereas
the
[
](A46988-e22550-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
3.
c.
15.
Philosopher
well
notes
,
that
many
may
disagree
among
themselves
,
but
one
cannot
.
The
difference
of
Judgment
as
to
Conduct
and
Managery
among
multitudes
of
Equals
embarrassing
Debates
,
the
Result
must
be
according
to
the
prevailing
of
some
Faction
:
Every
one
Judging
most
advantageously
of
his
own
council
and
advice
;
and
those
whose
Councils
are
rejected
,
will
look
upon
it
as
a
Diminution
of
that
esteem
for
Wisdom
and
Policy
,
which
they
think
they
deserve
,
and
these
Discontents
will
occasion
making
of
Parties
,
entring
into
Confederacies
,
and
Combinations
of
Faction
,
and
frequently
end
in
popular
Insurrections
,
Tumults
,
and
Disorders
,
to
which
Republics
,
by
their
make
are
thus
propense
.
Since
therefore
they
are
the
seminaries
of
Faction
,
we
can
expect
no
wholesome
Fruit
from
such
corrupt
Seed
;
for
all
factions
endeavour
to
suppress
their
Opposites
,
and
those
heats
,
underminings
and
jarrs
,
are
not
confined
to
their
Senate-house
,
but
are
dispersed
,
according
to
the
places
of
their
Residence
,
Estates
;
Marriages
or
Alliances
,
through
the
whole
Dominions
,
every
one
strengthening
his
Interest
what
he
can
;
and
the
nature
of
Mankind
being
to
side
with
one
or
other
,
if
the
Parties
be
Proud
,
Ambitious
,
Covetous
,
or
Imperious
,
they
will
be
most
absolute
and
arbitrary
in
such
places
where
they
can
prevail
;
and
if
Persons
admitted
to
Copartnership
of
Rule
,
be
not
of
their
own
Nature
guilty
of
such
Vices
,
the
desires
of
every
one
to
be
reputed
the
wisest
,
and
to
gain
the
leading
of
a
Party
,
or
obtain
the
supream
Authority
,
are
apt
to
taint
such
,
who
being
exalted
,
not
born
to
Greatness
,
would
have
all
to
judg
that
such
Promotions
are
the
pure-pute
effects
of
their
Merits
,
and
whoever
sets
that
high
value
upon
himself
,
cannot
escape
the
danger
of
unsupportable
Pride
,
as
well
as
Vanity
,
which
will
hurry
them
on
to
over-bear
all
Opposition
.
I
shall
now
proceed
to
some
few
Instances
of
the
Ruins
brought
upon
many
by
Faction
.
The
Athenian
Changes
and
Factions
.
At
Athens
,
after
the
death
of
Codrus
,
the
race
of
their
Hereditary
Kings
ceased
,
and
there
succeeded
Kings
for
term
of
Life
,
like
as
the
Elective
Kings
of
Poland
.
After
twelve
such
Kings
ending
in
Alcmenon
,
they
constituted
Decennial
Kings
,
or
Archontes
,
whereof
Erixias
was
the
last
;
and
then
they
passed
to
annual
Magistrates
,
like
Lord
Mayors
,
or
Burgo-Masters
:
and
all
these
changes
were
by
the
prevalence
of
one
Faction
after
another
.
Solon
was
one
of
these
yearly
Magistrates
,
and
he
compiled
their
Laws
,
such
as
the
Romans
in
after-times
sent
to
peruse
,
and
reduced
into
twelve
Tables
.
These
were
framed
unto
the
Practice
and
maintenance
of
popular
Government
,
which
in
Solon's
own
Life-time
were
violated
,
and
almost
extinguished
:
for
Pisistratus
the
Son
of
Hippocrates
,
finding
the
Citizens
distracted
betwixt
two
Factions
,
whereof
Megacles
and
Lycurgus
(
two
Citizens
of
noble
Families
)
were
become
the
heads
,
took
occasion
by
their
contention
and
Insolence
,
to
raise
a
third
Faction
more
powerfull
,
because
more
plausible
;
for
that
he
seemed
a
Protector
of
the
Citizens
in
general
:
and
having
once
got
love
and
credit
,
he
wounded
himself
,
and
feigned
that
by
Malice
of
his
Enemies
,
he
had
like
to
have
been
slain
for
his
love
to
the
good
Citizens
,
and
so
procured
a
Guard
,
and
made
himself
Lord
:
but
he
was
soon
driven
out
by
Megacles
and
Lycurgus
,
and
then
the
Aemulation
began
afresh
betwixt
the
former
Factions
;
and
Megacles
finding
himself
too
weak
,
called
in
Pisistratus
,
but
he
was
once
more
expelled
,
and
was
restored
a
third
time
,
and
governed
Athens
seventeen
Years
,
and
his
Son
Hippias
succeeded
him
,
who
was
at
last
forced
to
fly
to
Darius
.
I
shall
under
this
Head
only
touch
upon
one
example
more
in
Athens
.
Concerning
the
30
Tyrants
of
Athens
.
After
the
Lacedaemonians
had
subverted
the
Walls
of
Athens
,
thirty
Men
were
appointed
by
the
People
to
compile
a
Body
of
their
Laws
,
and
these
had
supream
Authority
,
and
were
made
Judges
;
and
in
cases
wherein
the
Laws
were
defective
,
had
power
to
give
Sentence
according
to
their
own
pleasures
.
At
first
they
exercised
their
Authority
upon
lewd
and
wicked
Persons
,
such
as
were
odious
to
the
People
.
But
afterwards
all
sorts
of
People
(
under
the
notion
of
Perturbers
of
the
Peace
)
were
Fined
,
Imprisoned
,
or
put
to
Death
,
according
as
they
among
themselves
judged
fit
.
To
strengthen
their
own
Tyranny
,
they
associated
three
Thousand
Citizens
to
them
,
the
rest
they
disarmed
,
exercising
the
greatest
Tyranny
imaginable
upon
them
,
and
agreed
amongst
themselves
that
every
one
should
name
one
,
whose
Goods
should
be
seized
on
,
and
the
owner
put
to
Death
;
upon
which
Theramenes
,
one
of
the
Thirty
discovering
his
detestation
at
those
proceedings
(
though
there
had
been
a
Law
that
none
of
the
three
Thousand
should
suffer
Death
at
the
appointment
of
the
Thirty
,
but
have
a
legal
Tryal
)
yet
Critias
,
one
of
these
thirty
Tyrants
,
ordered
Theramenes's
name
to
be
blotted
out
of
the
Number
.
Theramenes
urged
the
ill
consequence
to
the
rest
of
the
Thirty
,
if
without
any
just
reason
the
names
of
any
might
be
expunged
by
the
overruling
of
one
or
more
of
the
number
;
but
every
one
thought
fit
rather
to
preserve
his
own
Life
by
Silence
,
than
presently
to
draw
upon
himself
the
danger
which
as
yet
he
thought
concerned
him
little
,
and
perhaps
would
never
come
near
him
:
so
the
Tyrants
interpreting
Silence
,
Consent
;
he
was
forthwith
condemned
,
and
compelled
to
drink
Poyson
.
These
Proceedings
caused
many
Citizens
to
fly
,
who
under
the
conduct
of
Thrasybulus
made
head
against
them
,
and
at
last
the
Lacedemonians
removed
the
thirty
Tyrants
to
Sparta
;
and
the
Citizens
rose
against
the
Captains
of
the
tyrannical
Faction
,
and
slew
them
as
they
were
coming
to
a
Parley
,
and
so
put
an
end
to
that
worst
of
Miseries
they
had
undergone
,
since
those
thirty
were
constituted
.
In
which
sad
History
we
may
observe
,
that
these
Tyrants
were
elected
by
the
People
,
and
at
last
after
their
outragious
cruelties
,
were
by
the
People
destroyed
:
and
no
doubt
they
at
first
appeared
such
to
the
People
as
they
might
confide
in
for
Administration
of
Impartial
Justice
;
into
which
belief
they
had
cunningly
bewitched
them
;
and
they
were
by
the
same
Hands
that
raised
them
,
demolished
.
For
as
Sir
[
](A46988-e22980-b)(e)
(e)
History
,
p.
278.
W.
Raleigh
well
observes
in
popular
States
,
when
any
mischief
happens
,
the
People
take
revenge
on
the
Commanders
;
and
where
any
Judgment
is
left
to
them
(
as
in
popular
States
,
they
will
be
always
pushing
on
for
a
Share
)
there
will
be
very
dismal
and
indirect
Proceedings
:
and
when
their
Judgment
proves
sound
,
it
is
by
chance
rather
than
otherwise
.
In
Carthage
,
Of
Factions
in
Carthage
.
Factious
and
disorderly
popular
Government
was
as
fatal
as
in
any
other
place
.
Hanno
and
Bomilcar
were
two
famous
Captains
,
but
the
heads
of
two
several
Factions
,
and
such
Enemies
to
one
another
,
that
when
they
were
chosen
Generals
against
Agathocles
,
Bomilcar
suffered
Hanno
to
be
cut
in
pieces
rather
than
he
would
assist
him
.
So
Hanno
and
Amilcar
being
joined
against
the
Mercenaries
,
Amilcar
could
perform
nothing
by
reason
of
the
envy
of
Hanno
,
till
for
the
publick
Service
sake
they
were
made
Friends
.
The
Barchine
Family
(
of
which
Hannibal
was
the
third
in
Succession
that
was
General
of
the
Carthaginians
)
had
the
greatest
Interest
both
in
the
Senate
,
and
among
the
People
for
some
time
;
none
being
able
either
to
tax
his
,
or
his
Families
Vertue
,
or
to
perform
the
like
service
for
the
Commonweal
.
Yet
we
find
,
that
when
Hannibal
and
his
Brother
Mago
,
had
so
far
overrun
Italy
,
that
nothing
but
the
supply
of
Men
and
Money
,
to
compleat
the
Conquest
,
was
wanting
;
yet
the
Faction
of
Hanno
wrought
upon
the
people
(
not
by
detracting
from
the
Valour
and
Conduct
of
Hannibal
and
the
Family
,
but
by
the
general
reprehension
of
the
War
)
that
when
Mago
was
sent
over
for
Recruits
,
he
had
wrought
so
on
the
covetousness
of
those
that
were
loth
to
lay
out
their
Money
before
extreme
necessity
required
it
,
and
had
more
feeling
of
their
own
present
commodity
,
than
sence
of
the
publick
need
;
that
he
got
little
encouragement
:
and
when
the
matter
being
proposed
to
the
People
,
they
yielded
to
a
supply
,
yet
Hanno
and
his
Party
gave
so
many
impediments
to
the
Execution
,
suggesting
the
danger
,
that
if
Hannibal
and
his
Brother
conquered
,
he
would
make
himself
King
,
that
by
that
means
,
he
cunningly
undermined
that
brave
man
,
and
brought
at
last
ruin
upon
the
whole
Commonwealth
.
When
Scipio
(
without
the
compliance
of
the
Senate
,
but
with
the
concurrence
of
the
People
)
translated
the
War
to
Africk
,
so
that
the
Carthaginians
were
forced
to
recal
Hannibal
,
who
not
able
to
master
Scipio
,
the
whole
Commonwealth
was
subjected
to
the
Romans
,
of
whose
Factions
and
civil
Discords
,
I
shall
now
give
a
short
account
.
When
the
Truce
betwixt
the
Romans
and
Veientes
was
concluded
for
Forty
years
,
there
arose
a
Sedition
about
the
Lex
[
](A46988-e23350-b)(f)
(f)
Livius
,
lib.
2.
An.
V.C.
281.
Agraria
,
which
was
appeased
by
the
raising
a
War
against
the
Sabines
,
Aequi
and
Volsci
:
Such
new
Wars
being
the
only
extinguishers
of
the
Domestick
Fires
,
which
constantly
,
in
peaceable
times
,
were
kindled
betwixt
the
Optimacy
,
or
the
Patricii
and
the
Plebs
.
At
the
instigation
of
some
desperate
Bankrupts
(
who
thought
themselves
wrongfully
oppressed
by
the
Senate
and
Consuls
)
the
People
made
a
dangerous
uproar
in
the
Holy
Mount
,
'till
Menenius
Agrippa
,
by
the
discreet
allusion
of
the
inconvenience
of
the
discord
betwixt
the
Head
and
the
Belly
,
brought
them
to
some
reconciliation
,
on
condition
they
might
have
some
new
Magistrates
erected
,
to
whom
they
might
appeal
in
matters
of
variance
betwixt
them
and
the
Consuls
;
which
were
therefore
called
the
Tribunes
of
the
People
.
After
this
the
ten
[
](A46988-e23460-b)(g)
(g)
Idem
,
lib.
3.
An.
V.C.
297.
Men
,
called
the
Decemvirate
,
with
Appius
Claudius
,
ruled
all
,
and
wrested
the
power
from
the
Senate
and
Consuls
;
but
he
and
they
were
forced
to
resign
to
the
Senate
again
,
after
some
few
years
Tyranny
.
Before
the
Siege
of
the
Veii
,
they
changed
the
Government
of
Consuls
to
Military
Tribunes
,
who
usurped
the
power
for
almost
Seventy
years
;
so
as
by
civil
[
](A46988-e23530-b)(h)
(h)
Inter
patres
plebemque
certamina
exarsere
,
modo
turbulenti
Tribuni
,
modo
Consules
praevalidi
,
&
in
Vrbe
ac
Foro
tentamenta
Civilium
bellorum
,
mox
e
plebe
infima
C.
Marius
&
nobilium
saevissemus
L.
Sylla
.
differences
there
was
great
interruption
,
that
one
while
Consuls
ruled
,
another
while
there
was
an
Anarchy
,
then
the
Tribunes
were
restored
,
and
after
many
years
the
consular
Authority
was
established
,
but
so
as
one
of
the
Consuls
should
be
a
Plebeian
.
Concerning
the
Seditions
by
Tiberius
Gracchus
and
Caius
his
Brother
,
and
Apuleius
Saturninus
suppressed
by
Marius
,
of
Livius
Drusus
by
Philippus
,
and
that
betwixt
Marius
and
Cinna
against
Sylla
,
and
the
[
](A46988-e23650-b)(i)
(i)
Victam
armis
libertatem
in
Dominatione●●
verterunt
.
Tacit
.
2.
Histor.
lib.
3.
c.
14
,
15
,
16.
calamities
the
People
underwent
in
those
Tragical
Factions
,
betwixt
Pompey
and
Caesar
,
I
must
refer
the
curious
Reader
to
Florus
and
the
Roman
Historians
.
Therefore
[
](A46988-e23710-b)(k)
(k)
Cum
dissentionibus
omnia
centurbari
in
m●ltorum
Imperiis
necesse
est
.
Pacis
interest
omnium
potestat●n
conserre
ad
unum
.
Tacitus
makes
a
most
true
remark
,
That
since
in
the
command
of
many
,
it
is
unavoidable
,
but
that
all
things
will
be
disturbed
by
Factions
;
therefore
for
peace
sake
,
it
is
behoveful
that
the
Power
be
devolved
on
one
:
as
likewise
in
[
](A46988-e23730-b)(l)
(l)
Discordanti
sape
Pa●
i.
e
non
aliud
remedium
fuisse
,
quam
si
ab
uno
regeretur
.
another
place
,
That
there
is
no
other
remedy
,
where
disagreements
are
in
ones
Country
,
but
that
one
should
govern
.
Therefore
before
the
Government
was
changed
at
Rome
unto
that
of
Emperors
,
They
had
no
other
remedy
in
great
Exigents
,
1.
Annal.
Livius
,
lib.
2.
Necessity
of
chusing
a
Dictator
.
than
to
chuse
a
Dictator
,
whether
it
were
in
imminent
danger
from
Enemies
abroad
,
or
Factions
at
home
.
So
Appius
Claudius
at
a
pinch
cries
,
Agedum
,
Dictatorem
,
a
quo
nulla
provocatio
,
creemus
,
Let
us
choose
a
Dictator
from
whom
is
no
Appeal
.
For
his
power
was
such
,
as
[
](A46988-e23800-b)(m)
(m)
Jus
vitae
penes
unum
illum
esse
,
nec
adversus
Dictatoriam
vim
,
aut
Tribunus
Plebis
,
aut
ipsa
Plebs
attollere
coulos
,
aut
hiscere
audebat
.
Lib.
6.
Livy
tells
us
,
That
he
had
the
Power
of
Death
,
and
against
whose
Authority
,
neither
the
Tribunes
of
the
People
,
nor
the
People
themselves
durst
lift
up
their
eyes
or
gape
to
oppose
.
By
the
chusing
of
this
Officer
,
with
such
absolute
Power
,
we
may
infer
how
necessary
it
was
in
a
Commonwealth
(
to
avoid
the
diversity
of
opinions
,
the
factions
of
Parties
,
and
the
evil
consequences
that
would
result
from
them
)
to
fix
the
Power
in
one
,
who
might
be
a
temporary
Monarch
:
by
which
it
is
sufficiently
evident
what
deference
is
to
be
paid
to
Monarchy
;
it
being
no
small
addition
to
the
power
of
Julius
Caesar
,
that
he
was
in
vested
in
the
perpetual
Dictatorship
,
That
being
an
authority
known
,
and
as
far
as
I
can
judge
,
gave
him
a
fuller
and
vaster
extent
of
Power
,
than
the
Title
of
Imperator
,
which
implied
no
more
than
General
of
an
Army
.
That
all
Republics
are
subject
to
Factions
,
appears
farther
in
the
Philosopher
in
several
particulars
,
as
in
the
use
though
not
the
name
of
Demagogues
,
as
well
in
them
,
[
](A46988-e23870-b)(n)
(n)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
5.
c.
11.
Heinsti
.
who
were
the
Peoples
Flatterers
,
as
in
Democracy
,
and
that
their
Magistrates
were
chosen
by
tumultuous
Elections
,
as
he
particularly
instanceth
at
Elis
,
where
the
Senatorship
being
for
life
,
by
reason
of
the
longer
duration
of
the
Honor
and
Profit
,
the
contests
were
so
much
the
more
violent
.
But
above
all
the
inconveniences
of
these
Commonwealths
(
which
was
bottomed
upon
the
securing
of
one
Faction
against
another
)
he
[
](A46988-e23940-b)(o)
(o)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
5.
c.
6.
reckons
the
keeping
up
of
a
standing
Army
in
War
and
Peace
,
which
,
he
saith
,
was
by
reason
of
the
distrust
among
themselves
,
whereby
they
were
obliged
to
commit
themselves
to
the
custody
of
Soldiers
,
and
the
Commander
being
by
that
means
impowered
to
be
a
Judge
or
Arbiter
betwixt
them
,
made
himself
Lord
of
both
,
as
he
instanceth
in
the
time
of
the
Government
of
the
Family
of
the
Alvidi
at
Larissa
,
and
at
Samos
and
Abydus
,
and
in
Timophanes
at
Corinth
.
For
this
reason
,
the
Romans
fearing
Camillus
,
banished
him
:
So
Julius
Caesar
,
for
ten
years
,
having
the
command
in
Gaul
,
was
able
to
master
the
Senate
with
more
ease
.
If
we
had
never
heard
of
any
such
thing
in
the
World
before
,
yet
we
had
the
too
late
calamitous
experience
of
it
,
in
our
late
Republican
Government
;
which
was
no
longer
able
to
subsist
,
but
while
it
had
an
Army
(
maintained
at
the
charge
of
the
enslaved
People
)
to
secure
them
:
yet
they
falling
into
Factions
themselves
,
their
Army
did
so
likewise
,
and
the
Houses
and
Army
at
last
came
to
have
several
Interests
,
and
to
have
competitions
for
Sovereignty
(
which
any
wise
man
might
have
foreseen
)
and
at
last
,
the
Army
being
divided
,
the
happy
Restauration
of
the
King
was
thereby
much
facilitated
.
Having
thus
cleared
,
That
a
Common-wealth
cannot
so
well
defend
it self
against
a
Foreign
Enemy
.
I
hope
,
the
point
,
That
a
Commonwealth
Government
is
less
conducible
than
Monarchy
,
to
prevent
intestine
Discords
;
I
shall
now
proceed
to
discourse
how
difficult
it
is
in
this
Form
also
,
to
defend
their
Subjects
from
Foreign
Invasions
,
especially
without
the
constituting
of
Dictators
or
Generals
,
with
unsociable
Power
,
which
is
in
effect
,
a
temporary
Monarchy
.
In
all
Wars
nothing
is
more
requisite
than
Unity
of
Councils
,
and
Secrecy
in
the
conduct
of
Affairs
,
which
is
most
difficult
to
be
obtained
,
where
many
are
at
the
Helm
.
Besides
,
among
so
many
different
judgments
(
as
there
must
be
in
such
a
Body
,
before
they
can
arrive
at
a
Resolution
)
favourable
opportunities
for
Action
,
are
by
protractions
irrecoverably
lost
;
and
the
fear
they
have
of
impowering
their
General
too
much
(
lest
he
should
establish
himself
in
the
Sovereignty
)
makes
them
limit
and
restrain
him
,
so
as
he
cannot
take
advantages
,
when
offered
:
and
thereby
Commanders
are
cautelous
and
wary
not
to
offend
so
many
Masters
;
whereby
time
is
lost
in
procuring
new
Instructions
,
and
sometimes
for
the
reasons
aforesaid
more
Generals
than
one
are
appointed
,
that
one
may
be
a
check
to
the
other
:
So
[
](A46988-e24130-b)(p)
(p)
Lib
8.
Herodotus
observes
,
That
the
difference
of
Generals
,
when
in
equal
command
,
hath
lost
victories
,
as
at
Isthmus
,
by
the
dissention
betwixt
Themistocles
and
Euribias
the
Persians
had
almost
mastered
all
:
So
Thucydides
notes
,
that
so
long
as
Pericles
,
by
his
own
judgment
and
will
,
governed
the
Affairs
of
Athens
,
so
long
all
things
were
prosperous
;
but
after
by
the
Factions
of
evil-disposed
persons
,
he
was
opposed
,
he
sped
as
ill
.
Besides
,
in
the
numerous
Masters
in
a
Commonwealth
,
the
saving
of
every
ones
own
Stake
,
will
be
the
principle
of
their
[
](A46988-e24240-b)(q)
(q)
Nalson's
Common
Interest
,
c.
3.
care
and
sedulity
;
So
that
if
a
Foreign
Power
give
them
a
defeat
,
they
will
be
easily
induced
to
follow
(
as
they
of
late
used
to
call
it
)
Providence
in
all
Revolutions
;
and
if
they
can
obtain
any
assurance
of
enjoying
their
private
Laws
,
or
obtaining
an
higher
pitch
of
greatness
,
under
another
power
,
they
will
not
easily
resist
the
temptation
of
betraying
the
Liberty
of
their
Country
;
and
so
quitting
the
leaking
Vessel
of
the
Commonwealth
,
will
either
fairly
tack
about
in
their
private
Shalop
,
and
stand
in
with
the
next
Shore
of
safety
,
or
by
striking
Sail
,
come
under
the
Lee
of
the
Conqueror
,
or
strike
into
the
assistance
of
him
,
in
hope
to
have
a
share
of
the
Plunder
.
Besides
,
in
the
Multitude
of
Councellors
(
if
there
happen
any
notable
miscarriages
of
State
)
there
is
safety
to
themselves
.
In
Miscarriages
,
the
Authors
difficultly
known
.
It
being
difficult
to
fix
it
upon
any
one
single
person
,
every
one
shrowding
himself
in
the
complex
Act
of
the
whole
:
So
that
though
they
singly
put
in
for
the
glory
of
prosperous
Atchievements
;
yet
in
unfortunate
or
unlucky
Councils
and
Actions
,
they
skreen
themselves
under
the
majority
of
Votes
;
which
because
they
always
may
do
,
it
must
necessarily
make
some
more
Supine
,
and
less
Vigilant
over
the
Publick
.
It
is
in
these
muddy
Pools
of
Commonwealths
,
the
devouring
Otters
may
safelier
lodg
;
here
the
gliding
slippery
Eel
finds
Covert
,
the
Horseleeches
abound
,
the
Water-rats
lodg
in
their
Banks
,
and
the
Uliginous
parts
swarm
with
Frogs
and
Toads
,
every
one
preying
upon
other
.
Here
the
Cockatrice
breeds
,
and
the
fiery
Basilisks
,
as
well
as
Lizards
and
Newts
.
Africk
is
not
more
fruitful
of
Monsters
than
they
of
Harpyes
.
This
is
the
common
Sewer
that
receives
all
the
sludg
and
filth
of
People
;
the
hopes
and
expectation
of
Liberty
alluring
all
.
As
to
the
Peoples
living
freer
from
oppression
in
a
Republic
,
Great
Injustice
and
Oppression
in
Commonwealths
.
than
under
Monarchy
,
it
is
evidently
found
the
contrary
;
as
I
shall
make
it
appear
in
the
Chapter
of
Monarchy
:
And
there
is
strong
reason
for
it
,
since
in
this
form
,
these
Lords
the
States
,
will
be
continually
striving
to
enlarge
,
not
only
their
Power
but
their
Riches
;
and
the
more
they
increase
in
either
,
the
more
must
the
common
and
middle
ranked
Men
be
oppressed
and
exhausted
.
It
hath
been
from
the
insolence
,
oppressing
and
engrossing
of
Estates
by
the
Governing
Party
,
that
the
Th●rians
changed
their
[
](A46988-e24340-b)(p)
(p)
Polit.
lib.
5.
c.
6.
Aristocracy
to
Democracy
,
that
the
Messeniac
War
was
occasioned
,
that
the
Revolutions
were
at
Lygdamus
in
the
Isle
of
Nexos
,
Maffilia
,
Istria
,
Heraclea
and
Enidus
.
So
the
Philosopher
says
,
That
the
unjust
Judgments
,
or
unusual
Severities
,
exercised
by
the
revengeful
temper
of
the
Factions
,
caused
great
Convulsions
in
the
State
,
as
he
particularly
instanceth
in
Eurition
at
Heraclea
,
and
Archias
at
Thebes
;
who
both
being
justly
condemned
for
Adultery
,
yet
,
because
in
an
unusual
way
of
Contumely
,
they
were
tyed
to
Stakes
in
the
Market
place
,
they
out
of
revenge
,
excited
their
Friends
to
assist
them
,
and
overthrew
the
Oligarchy
.
Besides
,
when
Men
are
thus
established
in
Power
,
few
can
have
Redress
for
their
private
injuries
and
wrongs
,
being
that
every
complaint
would
but
look
like
contempt
of
Authority
;
because
the
Party
oppressing
,
being
one
of
the
Associates
in
Power
,
Example
in
our
late
Republicans
.
and
joynt
Rulers
,
he
would
influence
the
residue
to
vindicate
him
.
Hence
we
saw
in
the
late
long
Parliaments
Members
(
yea
their
Officers
and
common
Soldiers
)
that
they
were
such
Tyrants
in
their
Residence
and
Quarters
,
that
none
durst
question
their
outrages
,
lest
they
should
be
brought
before
Committees
,
for
Malignancy
or
Delinquency
.
It
being
a
characteristic
note
of
a
disaffected
Person
,
not
to
resign
up
ones
self
to
an
absolute
slavery
to
their
imperious
Commands
.
The
World
never
knew
greater
oppression
,
than
those
that
stiled
themselves
Keepers
(
indeed
Jaylors
)
of
the
Liberties
of
England
,
were
guilty
of
.
It
would
trouble
(
saith
a
judicious
[
](A46988-e24490-b)(s)
(s)
Malson's
Common
Interest
.
Author
)
a
publick
Accountant
to
cast
up
those
vast
Summs
,
and
incredible
Treasures
,
which
in
less
than
twice
seven
years
they
raised
,
and
spent
,
to
support
the
worst
of
all
luxurious
Rebellion
,
and
to
act
upon
the
publick
charge
and
Theater
of
the
Nation
(
not
Masques
and
Plays
,
as
they
had
charged
one
great
part
of
the
Expences
of
the
Court
on
)
but
the
most
real
and
inhumane
Tragedies
,
and
those
infinite
in
number
,
one
of
which
was
such
as
the
Sun
never
saw
,
or
any
History
could
parallel
.
It
would
be
endless
to
recount
the
Annual
Revenue
of
the
Crown
,
Bishops
,
Chapter
and
Cathedral
Lands
,
besides
the
Money
they
received
for
the
purchace
of
them
;
the
constant
,
heavy
and
unheard
of
Assesments
,
free
Quarter
,
Plunder
,
Sequestration
,
Compositions
,
Decimations
,
Excise
and
Customs
,
voluntary
Contributions
of
Plate
,
Jewels
,
&c.
Summs
borrowed
on
the
Publick
Faith
(
which
some
found
to
their
cost
,
was
but
fides
Punica
)
and
almost
innumerable
ways
and
arts
they
had
to
squeeze
and
drain
the
Treasure
of
the
Nation
into
their
bottomless
Gulph
:
so
that
the
same
Writer
is
confident
,
That
not
any
three
Kings
of
England
,
since
William
the
Conqueror
,
to
this
present
,
were
so
expensive
to
England
,
as
that
one
Tyrannical
and
Prodigal
Parliament
.
The
Nation
was
then
,
and
ever
will
be
:
under
any
Usurping
Republic
,
in
worse
than
Egyptian
Bondage
.
In
every
County
a
Committee
was
placed
to
seize
the
Estates
and
Rents
of
all
the
Loyal
Subjects
,
with
such
a
Tyrannical
Arbitrariness
,
as
never
was
known
under
any
Kings
Reign
;
and
as
if
that
were
not
enough
,
there
were
added
to
them
Basha
Major
Generals
,
and
the
sucking
Vermine
in
every
Town
and
Hamlet
,
were
either
fire-side
Troopers
,
or
some
well
affected
Person
whose
Information
would
be
believed
before
the
best
in
the
Parish
.
Every
one
that
would
not
worship
those
Pagods
,
were
proceeded
against
by
some
of
those
,
or
their
Arbitrary
High
Courts
of
Justice
,
or
were
convened
before
the
House
of
Commons
,
where
every
one
of
those
Parliament
Demarchs
were
as
absolute
as
the
Laws
of
their
own
will
could
make
them
.
No
Person
could
either
question
their
Actions
or
Authority
,
but
he
paid
his
Life
or
Fortune
,
or
one
of
them
,
for
his
presumption
:
so
that
we
saw
the
whole
Kingdom
brought
into
a
slavery
,
far
greater
than
theirs
that
wear
Canvase
Cloth
and
Wooden
Shooes
,
and
not
only
look
like
Ghosts
,
but
really
are
so
,
as
they
made
all
which
they
either
suspected
,
feared
,
or
hated
:
All
which
was
never
to
have
been
altered
(
as
long
as
their
standing
Force
should
be
true
to
them
)
to
the
incredible
charge
,
oppression
and
impoverishment
of
the
Subjects
,
Friend
and
Foe
;
though
they
had
the
Policy
to
lay
the
heaviest
Burthen
and
Load
upon
the
Backs
of
their
Enemies
,
if
possible
to
break
them
;
keeping
the
Loyal
Nobility
and
Gentry
so
poor
,
that
many
of
them
have
not
been
able
,
or
ever
will
be
,
to
forget
the
kindness
of
that
Government
,
which
was
the
ruin
of
them
and
their
Families
.
I
shall
now
pass
to
the
last
head
of
Rewards
and
Punishments
,
No
just
Distribution
of
rewards
or
Punishments
.
and
executing
of
Justice
;
none
of
which
can
be
according
to
merit
,
where
prevalent
Faction
shall
sway
the
Balance
,
and
open
and
shut
the
Eyes
of
Justice
by
the
cunning
Instruments
of
Partiality
.
It
being
impossible
to
separate
Faction
and
Interest
from
this
kind
of
Authority
,
so
that
none
shall
obtain
any
thing
,
but
according
as
they
shall
be
judged
favourable
or
advantageous
to
the
Interest
of
the
ruling
Faction
.
So
that
the
Vertuous
shall
have
the
least
share
;
since
Vertue
is
not
over
natural
to
Mankind
,
it
is
like
to
thrive
but
poorly
in
a
soil
where
it
is
not
tenderly
cherished
,
and
frequently
refreshed
with
the
encouraging
Dews
of
Reward
and
Benefit
.
But
those
shall
have
the
greatest
share
that
can
best
wheedle
,
or
seem
by
a
well-managed
Flattery
,
to
join
with
the
topmost
governing
Party
.
I
shall
therefore
give
some
examples
of
the
Ingratitude
of
Commonwealths
to
the
well-deserving
great
and
brave
Men
,
Ingratitude
of
Commonwealths
.
who
have
served
their
Country
,
and
been
ill
rewarded
by
the
governing
Part
,
or
been
exposed
to
be
baited
or
worried
by
the
People
,
instigated
by
Factions
;
or
suffered
base
Ignominy
,
Banishment
,
or
Death
.
I
shall
begin
with
Athens
,
the
eye
of
Greece
,
and
the
Seat
of
the
Muses
.
When
Xerxes
invaded
Greece
,
The
ill
usage
of
Themistocles
.
the
Athenians
and
Peloponnesians
were
the
most
considerable
States
;
yet
the
Athenians
were
forced
to
leave
their
City
and
get
into
their
Navy
,
which
might
carry
the
whole
People
and
their
Power
to
some
remote
Country
,
where
they
might
enjoy
more
secure
Habitations
.
The
Spartans
were
unwilling
to
hazzard
a
Sea-Battle
near
Salamis
,
but
would
have
weighed
Anchor
,
and
gone
to
Isthmus
.
Themistocles
did
all
he
could
to
perswade
the
staying
and
joining
of
the
Fleets
there
,
to
wait
the
Enemy
,
who
would
have
less
Sea
room
;
whereas
if
they
fought
elsewhere
,
by
his
numbers
,
he
would
have
overborn
the
Confederates
:
and
when
he
could
not
prevail
,
but
that
they
would
weigh
Anchor
the
next
day
,
he
sent
a
private
message
to
the
Persian
Captains
,
that
the
Grecian
Fleet
intended
to
fly
,
and
in
the
interim
advised
the
Grecian
Fleet
to
be
in
a
readiness
against
all
Events
:
By
which
Stratagem
he
toiled
the
Persian
Fleet
to
make
the
Attacque
with
that
disadvantage
he
desired
;
and
the
Grecians
obtain'd
a
most
memorable
Victory
.
Several
other
great
Services
he
did
,
not
only
in
saving
of
Athens
,
but
the
rest
of
Greece
from
Xerxes
.
But
when
the
Athenians
were
returned
to
their
City
,
and
rebuilt
it
after
the
Battle
of
Mycale
,
the
People
were
so
proud
of
their
Exploits
,
that
they
not
only
endeavoured
to
get
the
Command
of
many
Towns
and
Islands
of
the
Greeks
,
but
within
their
own
Walls
would
admit
no
Government
but
meerly
Democratical
;
which
being
argued
against
by
Themistocles
,
they
laid
upon
him
the
Punishment
of
the
Ostracism
,
banishing
him
for
ten
Years
;
before
which
time
was
expired
,
a
new
accusation
was
framed
against
him
by
the
Lacedemonians
,
that
he
intended
to
betray
[
](A46988-e24950-b)(t)
(t)
Sir
Walt.
Raleigh
b
,
lib.
3.
cap.
8.
sect.
7.
Greece
to
Xerxes
.
So
that
he
was
forced
to
fly
to
Artaxerxes
,
who
afterwards
would
have
imployed
him
against
Greece
;
but
he
decided
the
great
Conflict
betwixt
thankfulness
to
his
well-deserving
Patron
,
and
natural
Affection
to
his
own
ill-deserving
People
,
by
finishing
his
Life
with
a
draught
of
Poyson
.
This
Ostracism
was
a
Sentence
of
Banishment
writ
upon
an
Oyster-shell
;
and
the
like
in
Sicily
,
writ
on
a
Leaf
,
was
called
Petalismus
.
This
was
so
often
abused
by
exterminating
Persons
,
not
so
much
for
Crimes
,
as
by
factious
Envy
made
use
of
to
remove
out
of
the
way
Persons
that
were
like
to
oppose
the
prevailing
Factions
,
that
the
[
](A46988-e25090-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
3.
c.
13.
Philosopher
confesseth
it
had
been
better
for
the
Law-givers
at
the
first
so
to
have
attempered
the
Commonwealth
,
that
they
might
have
had
no
need
of
such
a
Medicine
.
Miltiades
had
done
the
Athenians
great
Service
at
the
Battle
of
Marathon
against
Darius
,
Of
Ingratitude
to
Miltiades
.
yet
after
by
this
ingrateful
People
,
he
was
cast
into
Prison
,
and
fined
fifty
Talents
.
Where
his
weak
and
wounded
Body
(
having
broken
his
Thigh
at
the
assault
against
Paros
)
being
not
able
to
endure
the
one
,
nor
his
Estate
the
other
,
after
a
few
days
he
ended
his
Life
;
and
this
was
occasioned
by
the
Envy
of
Xantippus
,
Father
of
Pericles
.
This
Envy
of
the
better
sort
against
each
other
by
their
private
Factions
assisted
by
unthankful
and
witless
People
,
brought
the
Athenians
not
many
years
after
from
a
victorious
and
famous
Commonweal
,
to
a
base
Subjection
and
Slavery
.
I
might
instance
in
Aristides
,
Cimon
,
and
many
others
;
but
shall
pass
to
Phocyon
,
The
ill
Treatment
of
Phocyon
.
who
had
been
Forty
five
times
(
without
ever
suing
for
the
place
)
chosen
Governour
of
Athens
.
He
had
been
in
good
esteem
with
King
Philip
,
and
by
King
Alexander
was
presented
with
two
Hundred
Talents
in
Silver
,
and
the
choice
of
one
of
four
Cities
of
Asia
;
but
refused
those
and
other
Gifts
,
howsoever
importunately
thrust
upon
him
,
resting
well
contented
with
his
honest
Poverty
.
During
his
Government
,
having
given
his
Promise
for
Nicanors's
safe
coming
to
the
Piraeus
,
to
treat
with
the
Athenians
,
and
his
safe
return
,
about
their
joining
with
Cassander
or
Polypserchon
,
and
finding
that
the
Athenians
practised
with
Dercillus
to
take
Nicanor
Prisoner
,
he
was
nothing
pleased
with
such
a
trick
of
politick
Dishonesty
,
and
so
did
quietly
permit
him
to
depart
:
at
which
the
Athenians
were
so
incensed
,
that
he
was
forced
to
save
himself
by
Flight
with
some
others
,
whom
Polypserchon
sent
to
Athens
,
where
neither
he
nor
the
rest
were
suffered
to
speak
for
themselves
,
but
were
condemned
to
dye
by
the
unjust
Judgment
of
wicked
Men
,
by
drinking
Poyson
:
which
,
saith
Sir
Walter
Raleigh
,
Lib.
4.
c.
3.
sect.
15.
by
the
just
Judgment
of
God
,
so
infected
the
City
of
Athens
,
as
from
that
day
forward
,
it
never
brought
forth
any
worthy
Man
resembling
the
Vertue
of
their
Ancestors
.
It
is
not
to
be
expressed
what
Honours
the
Athenians
gave
to
Antigonus
and
Demetrius
his
Son
,
The
Ingrati●
the
Athenians
to
〈◊〉
metrius
.
when
they
assisted
them
in
their
necessities
,
and
declining
Fortune
;
but
when
after
his
Fathers
defeat
,
and
death
at
the
Battle
of
Ipsus
,
Demetrius
fled
to
Athens
for
succour
,
they
sent
their
Embassadors
to
meet
him
,
with
a
Decree
of
the
People
,
that
no
King
should
be
admitted
into
their
City
,
Which
example
I
the
rather
mention
,
that
the
difference
may
be
observ'd
betwixt
the
generousness
of
Princes
,
and
such
Commonweals
:
for
when
soon
after
Demetrius
reduced
Athens
to
his
Obedience
,
they
being
almost
Famished
and
yielding
to
his
Mercy
,
he
did
not
take
away
the
Lives
of
these
unthankful
Men
,
but
gave
them
Food
,
and
placed
such
for
Magistrates
as
were
acceptable
to
the
People
;
yet
a
second
time
when
Demetrius
was
overcome
by
Pyrrhus
,
and
Lysimachus
,
the
Athenians
were
as
ungrateful
as
ever
.
The
ill
usage
of
Sophocles
and
Phthiodorus
.
Sophocles
and
Phthiodorus
the
Athenian
Generals
were
condemned
to
Exile
by
the
People
,
pretending
they
had
taken
Money
for
making
Peace
in
Sicily
;
whereas
indeed
there
was
not
any
means
of
making
War
.
And
Alcibiades
with
Nicias
chuse
rather
to
banish
themselves
,
than
undergo
the
Judgment
of
the
incensed
multitude
,
and
adventure
their
Estates
,
Honours
and
Lives
upon
the
Tongues
of
shameful
Accusers
.
And
though
(
saith
the
same
excellent
[
](A46988-e25740-b)(w)
(w)
Idem
,
Lib.
3.
c.
8.
sect.
8.
Historian
)
it
is
the
part
of
an
Honest
and
Valiant
Man
,
to
do
what
reason
willeth
,
and
not
what
Opinion
expecteth
,
and
to
measure
Honour
and
Dishonour
by
the
assurance
of
his
Conscience
,
rather
than
by
the
malicious
Report
and
Censure
of
such
;
yet
they
are
to
be
excused
,
as
having
before
their
Eyes
the
Injustice
of
the
People
,
knowing
that
a
wicked
Sentence
is
infinitely
worse
than
a
wicked
Fact
,
as
being
held
a
Precedent
and
Pattern
,
whereby
Oppression
beginning
upon
one
,
is
extended
as
warrantable
upon
all
.
The
Insolence
of
the
Athenians
having
after
this
expedition
wearied
some
of
the
principal
Men
of
Athens
;
Ingratitude
to
Alcibiades
.
four
Hundred
of
them
got
so
far
the
Power
into
their
Hands
,
that
what
they
had
agreed
upon
in
private
,
was
only
propounded
to
the
People
for
their
consent
:
but
this
lasted
not
long
.
For
their
Fleet
and
Army
(
which
was
then
at
Samos
)
revoked
Alcibiades
from
Banishment
,
who
had
lived
in
Sparta
(
the
other
famous
Commonweal
)
where
in
Council
and
good
Performances
,
he
so
far
excelled
all
the
Lacedaemonians
,
that
all
their
good
success
was
ascrib'd
to
his
Wit
and
Valour
:
yet
there
he
began
to
be
envied
,
and
so
withdrew
to
Persia
.
Being
now
called
home
,
some
of
those
four
Hundred
would
have
resign'd
their
Government
,
yet
the
most
of
the
Faction
laboured
to
obtain
Peace
of
the
Lacedaemonians
,
desiring
chiefly
to
maintain
their
own
Authority
.
This
Alcibiades
won
many
Victories
for
the
Athenians
,
and
was
made
high
Admiral
;
yet
he
was
forced
afterwards
to
banish
himself
,
only
because
his
Lieutenant
,
contrary
to
the
express
Command
of
Alcibiades
,
fighting
with
the
Enemies
in
his
absence
,
had
lost
a
great
part
of
the
Fleet.
I
shall
add
one
Story
more
,
and
so
pass
to
the
Romans
.
The
Athenians
having
appointed
ten
Captains
over
their
Fleet
,
The
ten
Athenian
Sea-Captains
.
wherewith
they
beat
Callicratidas
the
Lacedaemonian
Admiral
;
yet
six
of
these
Captains
were
put
to
Death
upon
in
formation
that
they
had
not
rescued
some
Citizens
,
who
were
lost
by
the
breaking
of
their
Vessels
by
a
Storm
,
which
happened
when
those
Captains
were
obliged
to
follow
the
Enemy
,
and
two
of
them
had
like
to
have
been
shipwracked
themselves
:
and
besides
,
they
offered
in
their
own
defence
,
that
they
left
a
sufficient
number
of
Ships
to
have
succoured
those
that
were
wracked
.
But
one
that
escaped
in
a
Meal-tub
,
having
told
the
People
,
that
those
that
were
drowned
,
had
charged
him
to
desire
the
People
to
revenge
their
Deaths
upon
the
Captains
;
this
was
a
sufficient
incentive
to
the
People
,
precipitately
to
put
them
them
to
death
.
The
absent
Captains
escaped
,
and
when
the
Fury
of
the
People
was
over
,
the
Sentence
against
the
rest
was
revoked
too
late
.
All
these
ingrateful
usages
of
such
great
Commanders
is
ascribed
to
the
violence
of
the
People
.
But
we
may
suppose
,
if
it
had
not
been
for
the
Arts
of
such
Magistrates
as
were
Enemies
to
those
Worthies
,
and
envied
them
the
Glory
of
their
great
Atchievements
,
the
People
had
been
better
Instructed
.
Hower
it
shews
the
tendency
of
such
a
complex
Body
of
Magistrates
and
People
:
and
though
Athens
had
as
much
of
the
Popular
Government
called
Democratical
,
as
any
else
in
Greece
;
yet
the
source
of
all
was
from
the
Texture
of
the
Republic
Government
in
general
.
I
shall
now
pass
to
the
Romans
,
Concerning
the
Roman
Ingratitude
.
and
onely
single
two
or
three
of
the
many
Examples
of
their
Ingratitude
to
their
deserving
Chiestains
,
to
illustrate
,
That
Rewards
were
not
bestowed
as
they
ought
to
have
been
,
even
to
such
as
were
the
greatest
Preservers
of
their
Country
,
and
such
as
raised
the
Glory
of
the
Roman
Name
to
the
highest
pitch
of
Glory
.
T.
Martius
,
Coriolanus
.
called
Coriolanus
,
had
conquered
the
Volsci
and
Aequi
;
yet
,
under
pretext
that
he
had
advised
to
sell
Corn
in
time
of
Dearth
at
an
higher
Rate
than
was
convenient
,
he
was
banished
:
Yet
he
took
not
that
Revenge
he
might
have
done
,
in
joyning
with
the
Volsci
.
Furius
Camillus
subdued
the
Falisci
,
Furius
Camillus
.
but
was
banished
the
City
,
upon
a
Suggestion
of
some
Inequality
of
dividing
the
Spoil
,
and
retired
to
ARdaea
;
from
whence
(
when
the
Gauls
under
Brennus
had
got
all
Rome
but
the
Capitol
)
he
,
forgetting
the
Ingratitude
of
his
Country
,
drew
an
Army
together
,
with
which
he
fell
upon
the
dispersed
Gauls
,
and
so
saved
his
Country
.
The
two
Scipio's
strangely
enlarged
the
Roman
Empire
,
The
Two
Scipio's
by
conquering
every
place
where
they
were
employed
.
Publius
Scipio
,
the
elder
Brother
,
overthrew
Hannibal
,
and
subjected
the
whole
State
of
Carthage
;
by
which
he
deservedly
had
the
Style
of
Africanus
,
as
his
Brother
had
that
of
Asiaticus
,
by
conquering
the
Kingdom
of
Macedon
,
and
giving
Laws
to
all
Greece
,
and
other
Territories
in
Asia
.
Concerning
the
elder
,
the
Senate
was
unwilling
he
should
carry
the
War
into
Africk
:
But
the
People
were
earnest
for
it
.
Concerning
Publius
Scipio
,
the
elder
Brother
.
Upon
which
the
Learned
[
](A46988-e26420-b)(x)
(x)
Sir
Walter
Raleigh
,
l.
5.
c.
3.
sect.
18.
Historian
and
Statesman
observes
,
That
it
is
often
found
in
Councils
of
State
,
that
the
busie
and
obstinate
Heads
of
a
few
do
carry
all
the
rest
,
and
many
times
Men
make
a
surrender
of
their
own
Judgments
to
the
Wisdom
that
hath
gotten
it self
a
Name
,
by
giving
happy
Directions
in
Troubles
by-past
;
therefore
he
that
reposeth
himself
upon
the
Advice
of
many
,
shall
often
find
himself
deceived
:
The
Counsel
of
the
Many
being
wholly
directed
by
the
Empire
of
a
Few
,
that
oversway
the
rest
.
For
here
Q.
Fabius
was
accounted
the
Oracle
of
his
time
;
for
his
wary
Nature
suited
well
with
the
Business
that
fell
out
in
the
chief
of
his
Imployment
;
therefore
others
adhered
to
him
,
that
was
grown
old
in
following
one
Course
,
from
which
they
would
not
shift
as
the
change
of
Times
required
.
But
the
People
(
who
though
they
could
not
well
advise
and
deliberate
,
yet
could
well
apprehend
)
embraced
the
needful
Motion
of
Scipio
,
and
furnished
him
with
all
Supplies
and
Furtherance
they
could
.
From
hence
I
may
note
the
Inconvenience
of
this
Government
,
wherein
sometimes
the
Senators
shall
be
led
by
one
,
or
some
few
,
one
way
,
and
then
by
others
,
and
sometimes
the
People
shall
over-rule
the
Votes
of
the
Senate
:
For
though
this
may
be
fortunate
at
some
times
,
yet
at
others
it
may
be
as
fatal
.
The
great
Success
of
Scipio
was
celebrated
with
that
excess
of
Joy
,
and
deservedly
,
as
Rome
perhaps
never
shew'd
the
like
;
and
his
Brother
L.
Scipio's
Triumph
was
not
much
less
than
it
.
Yet
these
two
so
famous
Brothers
afterwards
were
called
,
one
after
another
,
by
two
Tribunes
of
the
People
,
to
Judgment
,
in
probability
by
the
instigation
of
some
of
the
Faction
of
the
Senate
against
them
.
The
African
could
not
endure
that
such
unworthy
Men
should
question
him
of
purloining
from
the
common
Treasure
,
or
of
being
hired
by
Antiochus
to
make
an
ill
Bargain
for
his
Country
:
When
therefore
the
Day
of
Answer
came
,
he
appeared
before
the
Tribunes
,
not
humbled
as
one
accused
,
but
followed
by
a
great
Train
of
his
Friends
and
Clients
,
with
which
he
passed
through
the
midst
of
the
Assembly
;
and
having
Audience
,
told
the
People
,
That
upon
the
same
day
of
the
Year
he
fought
a
great
Battel
against
Hannibal
,
and
finished
the
Punic
War
by
a
signal
Victory
:
In
memory
of
which
,
he
thought
it
no
fit
Season
to
brabble
at
the
Law
,
but
intended
to
visit
the
Capitol
,
and
there
give
Thanks
to
Jupiter
,
and
the
rest
of
the
Gods
,
by
whose
Grace
,
both
on
that
day
,
and
at
other
times
,
he
had
well
and
happily
discharged
the
most
weighty
Business
of
the
Commonweal
;
and
that
if
from
the
seventeenth
Year
of
his
Life
,
until
he
now
grew
old
,
the
Honourable
Places
by
them
conferred
on
him
,
had
prevented
the
Capacity
of
his
Age
,
and
yet
his
Deserts
had
exceeded
the
Greatness
of
those
Honourable
Places
,
that
then
they
would
pray
,
That
the
Princes
and
Great
ones
of
the
City
might
still
be
like
to
him
.
So
all
followed
him
,
except
the
Tribunes
,
and
their
Slaves
,
and
one
of
the
Cryers
,
by
whom
ridiculously
they
cited
him
to
Judgment
,
until
for
very
shame
(
as
not
knowing
what
else
to
do
)
they
granted
him
,
unrequested
,
a
longer
Day
.
But
after
,
when
he
perceived
that
the
Tribunes
would
not
let
fall
the
Suit
,
he
willingly
withdrew
from
that
unthankful
Rome
,
that
could
suffer
him
to
undergo
such
Indignities
,
and
so
spent
the
rest
of
his
time
at
Linternum
.
Concerning
Lucius
Scipio
,
the
younger
Brother
.
The
same
Tribunes
proceeded
more
sharply
with
his
Brother
Lucius
Scipio
the
Asiatick
(
whose
wise
Conduct
and
Valour
had
subjected
Greece
and
Macedonia
to
the
Roman
Yoke
,
and
extended
their
Empire
over
those
rich
Countries
)
.
They
propounded
a
Decree
unto
the
People
touching
Money
received
of
Antiochus
,
not
brought
into
the
Common
Treasury
;
that
the
Senate
should
give
Charge
unto
one
of
the
Praetors
to
inquire
and
Judicially
determine
thereof
:
And
Matters
were
so
carried
against
him
,
that
he
was
condemned
in
a
Sum
of
Money
far
greater
than
his
Ability
;
and
for
non-payment
,
his
Body
should
have
been
laid
up
in
Prison
;
but
he
was
freed
from
the
Rigour
of
this
by
Gracchus
the
Tribune
:
and
his
Estate
being
confiscated
,
when
there
neither
appeared
any
Sign
of
his
being
beholden
to
Antiochus
,
nor
there
was
found
so
much
as
he
was
condemned
to
pay
;
then
fell
his
Accusers
,
and
all
whose
Hands
had
been
against
him
,
into
the
Indignation
of
the
People
.
It
is
observed
,
That
Cato
the
elder
(
who
had
been
his
Treasurer
)
was
a
Promoter
of
this
.
A
Man
,
saith
Sir
Walter
Raleigh
,
of
great
,
but
not
perfect
Vertue
;
Temperate
,
Valiant
,
and
of
singular
Industry
;
Frugal
of
the
Publick
,
and
of
his
own
;
who
though
not
to
be
corrupted
with
Bribes
,
yet
was
unmerciful
and
unconscionable
in
increasing
his
own
Wealth
,
by
such
means
as
the
Laws
did
permit
.
Ambition
was
his
Vice
,
which
being
joyned
with
Envy
,
troubled
both
himself
,
and
the
whole
City
:
And
some
write
,
That
Fabius
Maximus
,
out
of
some
private
displeasure
,
countenanced
these
Proceedings
.
From
these
and
other
Examples
it
may
well
be
noted
,
Summary
of
the
Reman
Discords
.
how
this
famous
Commonweal
was
pestered
with
Faction
;
the
want
of
sufficient
Imployment
were
Sparks
that
help'd
the
kindling
of
the
Fire
of
them
,
which
now
began
to
appear
,
and
first
caught
hold
of
those
great
Worthies
,
to
whose
Valour
and
Conduct
Rome
was
so
indebted
.
But
these
factious
Contentions
did
not
long
while
contain
themselves
within
heat
of
Words
and
cunning
Practice
:
for
when
the
Art
of
Leading
the
Multitude
into
such
quarrelsom
Business
,
grew
to
perfection
,
they
that
found
themselves
overmatched
by
their
Adversaries
,
at
this
kind
of
Weapon
,
began
to
make
opposition
,
first
with
Clubs
and
Stones
,
afterward
with
Swords
,
and
,
finally
,
proceeded
from
Frays
and
Murthers
in
the
Streets
,
to
Battels
in
the
Fields
.
During
the
whole
time
of
their
Commonwealth
,
there
were
Heart-burnings
betwixt
the
Plebs
,
or
ordinary
Rank
of
People
,
and
the
Patres
Conscripti
Patricii
,
or
Senatorian
Order
:
Those
never
owning
themselves
to
be
the
Delegates
of
the
People
,
but
an
Order
of
themselves
,
that
endeavoured
to
keep
the
Government
in
themselves
,
taking
State
and
Authority
upon
them
,
using
a
sort
of
Arbitrary
Government
,
endeavouring
to
win
a
great
Power
over
the
People
,
decreeing
,
That
the
Consuls
provide
that
the
Commonweal
receive
no
detriment
.
On
the
other
hand
,
the
People
were
restless
,
by
Representatives
to
get
a
share
in
the
Government
,
and
the
Senate
as
stoutly
opposed
such
Encroachments
and
Innovations
,
(
these
kind
of
Emulations
being
the
inseparable
Diseases
of
all
Commonwealths
;
)
so
that
in
one
of
the
Mutinies
the
whole
Commonalty
forsook
the
City
,
and
[
](A46988-e26920-b)(y)
(y)
Liv.
lib.
2.
embodied
upon
Mount
Aventine
,
till
they
were
gratified
,
as
I
have
before
hinted
,
in
the
Tribuni
Plebis
,
who
were
chosen
by
them
to
look
after
their
Concerns
in
all
Debates
,
and
who
exercised
a
very
imperious
Power
sometimes
.
Yet
this
did
not
suffice
;
but
afterwards
they
more
violently
contended
to
have
the
Choice
of
one
of
the
Consuls
:
and
the
Fury
of
the
People
was
so
great
,
that
the
Senators
durst
not
come
to
the
House
;
and
this
Feud
was
so
durable
,
that
it
caused
a
five-years
Anarchy
,
and
at
last
the
Senate
was
forced
to
yield
to
the
Peoples
Importunities
.
After
the
death
of
C.
Gracchus
,
and
Saturnius
,
a
Popular
Man
,
who
by
the
Senate
was
put
out
of
the
way
;
it
was
not
long
e're
Marius
,
a
famous
Captain
of
theirs
,
was
so
condemned
,
who
,
by
force
of
Arms
,
returned
to
the
City
,
and
murthered
all
the
principal
Senators
;
which
giving
unto
Sylla
(
who
prospered
therein
)
opportunity
to
make
himself
absolute
Lord
of
Rome
,
taught
Caesar
(
a
Man
of
higher
Spirit
)
to
affect
and
obtain
the
like
Sovereign
Power
,
who
by
the
like
decree
of
the
Senate
,
was
provoked
.
If
all
that
I
have
hitherto
mentioned
,
be
not
sufficient
to
put
a
People
out
of
love
with
this
way
of
Government
,
they
may
hug
their
Chains
and
Fetters
as
long
as
they
please
,
for
me
.
I
know
these
People
magnifie
the
wise
contrivances
of
the
State
of
Venice
,
Concerning
three
Modern
Common-wealths
.
the
United
Provinces
,
and
Switzerland
.
But
they
may
consider
,
That
the
first
is
an
Optimacy
mixed
with
a
restrained
and
elective
Monarchy
;
and
they
all
are
more
beholden
to
the
Situation
of
their
Countries
,
and
the
interest
their
Neighbours
have
(
lest
they
should
fall
into
the
hands
of
others
)
than
for
any
excellency
of
their
Constitution
,
why
they
should
have
any
likelyhood
of
duration
.
The
Prince
of
Orange's
Stat-holder-ship
,
being
Hereditary
in
the
Family
,
contributes
something
to
the
suppressing
of
any
potent
Faction
;
yet
none
knows
,
but
in
process
of
time
,
Factions
may
arise
amongst
them
,
and
then
the
World
will
see
them
molder
,
as
other
such
Commonwealths
(
sometimes
as
flourishing
as
they
;
)
and
then
they
will
either
be
made
a
prey
to
their
Neighbours
,
or
submit
to
a
Monarch
of
their
own
.
However
it
is
experimentally
known
,
That
in
no
other
State
,
the
Subjects
pay
so
much
for
their
protection
;
and
that
from
their
first
Revolt
,
they
have
been
very
few
years
without
being
engaged
in
chargeable
Wars
.
CHAP.
IX
.
Of
Monarchical
Government
,
and
the
Preference
of
it
before
other
Forms
.
IN
the
commendation
of
Monarchy
,
all
Authors
are
so
copious
,
that
it
is
more
difficult
to
order
and
compose
with
Beauty
,
the
Jewels
of
the
Crown
,
than
to
amass
and
heap
them
.
That
it
hath
been
the
most
Antient
and
Primitive
Government
of
the
World
,
we
have
the
Universal
suffrage
and
Testimony
of
all
the
preserved
Records
of
remotest
Ages
;
Royal
Authority
and
Kings
being
coaeval
with
what
ever
Monuments
we
find
of
the
Origin
of
Nations
.
The
Writings
of
Moses
(
much
ancienter
than
any
other
Historian
,
The
Antiquity
of
Monarchy
illustrated
in
Adam's
Sovereignty
.
and
of
more
Authority
)
evidently
prove
the
Sovereignty
of
Adam
and
Noah
:
Whence
St.
Chrysostom
well
observes
,
That
at
the
Creation
,
God
made
one
Man
,
not
many
;
to
intimate
to
us
,
That
he
did
design
Monarchy
,
not
Aristocracy
or
Democracy
.
For
it
cannot
be
doubted
,
but
that
the
Posterity
of
Adam
,
during
his
life
,
were
his
Subjects
,
both
by
the
Law
of
God
and
Nature
:
The
Charter
of
God
Almighty
giving
to
Adam
,
Dominion
over
all
the
inferior
Creation
;
and
to
Noah
,
over
every
living
Creature
.
Hence
the
[
](A46988-e27250-b)(a)
(a)
Ovid.
Metam
.
Poet
speaking
of
the
Origin
of
things
,
owns
his
Dominion
over
the
Creatures
.
Sanctius
his
Animal
,
mentisque
capacius
altae
,
Deerat
adhuc
,
&
quod
dominari
in
caetera
posset
.
Natus
homo
est
—
Indeed
it
were
absurd
and
irrational
to
believe
,
that
God
who
had
made
the
Lion
King
of
the
four
footed
Beasts
,
the
Eagle
Sovereign
of
the
feathered
Fowl
,
and
the
Whale
over
the
Fishes
;
should
leave
the
most
glorious
part
of
the
Creation
,
under
the
confusion
of
Anarchy
or
Parity
.
Therefore
[
](A46988-e27320-b)(b)
(b)
Natura
commenta
est
Reges
,
quod
ex
aliis
animantibus
,
&
Apibus
praesertim
,
licet
dignoscere
.
Seneca
elegantly
,
Monarchical
Government
most
natural
.
and
according
to
his
manner
,
rightly
observes
,
that
Nature
it self
points
out
Kings
,
as
we
may
know
in
several
living
Creatures
,
especially
in
Bees
:
and
[
](A46988-e27350-b)(c)
(c)
Virgil.
Georg.
Virgil
,
before
him
,
hath
given
us
a
curious
description
of
the
Obedience
Bees
pay
to
their
King
:
Praeterea
Regem
non
sic
Aegyptus
,
&
ingens
Lydia
,
nec
Populi
Parthorum
,
aut
Medus
Hydaspes
,
Observant
,
Rege
incolumi
,
mens
omnibus
una
est
;
Amisso
,
rupere
fidem
—
Illum
admirantur
,
&
omnes
Circumstant
fremitu
denso
,
stipantque
frequentes
;
Et
saepe
attollunt
humeris
,
&
corpora
bello
Objectant
—
So
there
may
be
observed
a
Dux
ipse
Gregis
,
amongst
all
brute
Creatures
.
It
is
from
Paternal
Power
,
That
many
Authors
deduce
the
naturalness
of
Monarchy
,
which
was
first
exercised
in
Families
,
Hords
and
Septs
,
as
I
have
[
](A46988-e27520-b)(d)
(d)
Cap.
2.
elsewhere
cleared
:
therefore
the
Philosopher
[
](A46988-e27540-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
6.
c.
12.
sets
it
down
as
a
Fundamental
Truth
,
That
that
which
begets
commands
,
by
reason
of
his
tender
Love
and
older
Age
,
which
is
a
kind
of
Kingly
Government
.
The
sence
of
which
is
,
That
the
Paternal
Government
hath
a
resemblance
to
Monarchical
Rule
;
and
that
it
was
according
to
the
order
of
Nature
,
that
the
Elder
should
Rule
,
as
he
confirms
by
the
Oracle
and
Authority
of
[
](A46988-e27580-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Homer
,
who
making
Jupiter
Sovereign
,
calls
him
Father
of
Men
and
Gods
;
and
the
great
Badge
of
Sovereignty
,
to
have
Power
of
Life
and
Death
,
is
owned
by
the
[
](A46988-e27620-b)(g)
(g)
Pater
vitae
necisque
potestatem
habebat
.
in
filios
.
Cicero
.
Orator
,
in
his
time
,
to
remain
,
when
he
saith
,
The
Father
had
the
Power
of
Life
and
Death
over
his
Children
.
So
that
what
Brutus
,
the
first
Consul
,
did
in
beheading
his
two
Sons
,
in
not
taken
by
most
to
be
done
qua
Consul
,
but
as
Parent
;
for
that
the
Consuls
never
had
any
Regal
Power
without
leave
of
the
People
.
If
we
consider
the
Scope
of
[
](A46988-e27670-b)(h)
(h)
Numb.
11.
Moses's
Expostulation
with
God
Almighty
;
Why
layest
thou
the
burthen
of
all
this
People
upon
me
?
Have
I
conceived
all
this
People
?
Have
I
begotten
them
?
]
must
from
hence
infer
,
That
if
He
had
been
their
common
Parent
,
he
ought
to
have
had
the
Charge
and
Government
of
them
;
so
natural
seems
the
Connection
betwixt
Fatherly
Authority
and
Filial
Obedience
:
and
that
this
was
an
Original
Truth
,
the
Philosopher
cites
[
](A46988-e27710-b)(i)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Odyss.
11.
Homer
,
who
saith
,
That
every
Father
,
to
his
Children
and
his
Wives
,
gives
Laws
.
This
kind
of
Power
seems
to
be
confirmed
in
Scripture
,
concerning
Cain
,
Abraham
sacrificing
Isaac
,
Thamar
and
Jephtha
.
But
in
after
times
,
when
Fathers
abused
that
Authority
,
it
was
judged
expedient
to
deprive
them
of
it
,
and
place
it
in
the
hands
of
the
more
publick
Father
,
the
King
.
Having
thus
cleared
the
point
,
The
Antiquity
of
Monarchy
from
History
and
Testimony
.
That
Monarchy
is
according
to
the
Institution
of
Nature
.
I
come
now
to
speak
of
the
Antiquity
of
it
.
[
](A46988-e27810-b)(k)
(k)
Vide
Stillingfleet
's
Origines
Sacrae
.
Sanconiathan
,
of
greater
Antiquity
than
any
Greek
Historian
,
gives
a
large
account
of
the
Phoenician
Monarchy
;
the
like
Manetho
gives
of
the
Aegyptian
,
and
the
true
Berosus
of
the
Babylonian
.
So
[
](A46988-e27900-b)*
*
Polit.
lib.
5.
c.
11.
Aristotle
speaks
of
the
long
Duration
of
the
Molossiac
Kingdom
,
which
began
in
Pyrrhus
Son
of
Achilles
,
and
,
according
to
[
](A46988-e27970-b)(l)
(l)
De
Antiquis
Familiis
Regum
.
Reinerus
,
lasted
nine
Hundred
and
Fifty
years
;
and
the
Lacedaemonian
,
according
to
Plutarch
,
Eusebius
and
others
,
continued
near
upon
as
long
.
The
Philosopher
[
](A46988-e28020-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
L.
1.
c.
1.
advanceth
the
Origin
of
Kingly
Government
,
as
high
as
the
Heathen
Religion
or
Philosophy
could
carry
him
,
when
he
saith
,
That
the
very
Heathen
Deities
were
under
this
Form
and
Regimen
:
So
what
Herodotus
saith
of
the
Egyptians
,
may
as
truly
be
said
of
all
other
Nations
,
That
they
could
not
live
without
Kings
.
So
Isocrates
saith
,
Before
Democracy
and
Oligarchy
,
the
barbarous
Nations
and
Cities
of
Greece
obeyed
Kings
.
Therefore
the
Philosopher
[
](A46988-e28100-b)(n)
(n)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
saith
,
At
first
Kings
governed
Cities
,
and
now
Nations
.
So
Salust
[
](A46988-e28130-b)(o)
(o)
In
terris
nomen
Imperii
primum
fuit
.
saith
,
The
name
of
Empire
was
first
known
in
the
World
;
and
Justin
[
](A46988-e28150-b)(p)
(p)
Principio
rerum
Nationumque
omnium
imperium
penes
Reges
erat
.
Lib.
1.
most
expresly
,
In
the
beginning
of
all
things
and
Nations
,
the
Power
and
Government
was
solely
and
absolutely
in
Kings
.
So
[
](A46988-e28170-b)(q)
(q)
Certum
est
omnes
Antiquas
Gentes
Regibus
paruisse
.
Lib.
3.
de
LL.
Cicero
saith
,
That
it
is
certain
that
all
Ancient
Nations
did
obey
Kings
.
If
we
consult
Homer
,
Plato
,
Lucretius
,
Diodorus
Siculus
,
lib.
2.
Josephus
lib.
4.
c.
1.
or
any
Historian
,
Greek
or
Latin
,
we
shall
find
no
Tract
of
Time
,
nor
Society
of
Men
,
without
Kingly
Government
.
The
first
Popular
State
we
read
of
,
The
first
Common-wealths
.
is
that
of
Athens
,
after
the
Reign
of
Erixias
Anno
Mundi
3275.
and
after
that
several
other
Cities
of
Greece
,
as
Sparta
,
Corinth
,
&c.
followed
their
examples
,
expelling
their
Kings
,
and
in
their
Rooms
erected
little
Commonwealths
,
but
great
Tyrannies
,
being
in
a
continual
broil
,
either
among
themselves
,
about
their
Magistrates
,
or
with
their
Neighbours
for
Preheminence
,
till
the
time
of
Alexander
the
Great
,
and
the
Macedonian
Monarchy
,
when
the
Country
returned
to
their
pristin
Government
,
and
might
so
have
continued
,
if
the
Roman
Arms
and
Ambition
had
not
overthrown
it
.
As
to
Rome
it self
,
it
was
two
Hundred
and
Fifty
Years
under
Kings
;
and
Kingly
Government
was
found
under
Lavinius
,
when
the
Trojans
came
from
that
little
Kingdom
of
Pergamus
.
Therefore
[
](A46988-e28360-b)(r)
(r)
Vrbem
Romam
a
principio
Reges
habucre
.
1.
Annal.
Tacitus
tells
us
,
That
the
City
of
Rome
,
from
the
beginning
,
had
Kings
to
govern
it
.
Their
Commonwealth
began
upon
the
Regifugium
:
So
that
(
saith
a
Judicious
[
](A46988-e28410-b)(s)
(s)
Dr.
Nals●n's
Common
Interest
.
Author
)
for
three
Thousand
Years
Monarchy
possessed
an
Universal
and
Uninterrupted
Empire
over
all
the
Affairs
of
the
Universe
;
so
that
the
Sun
,
the
glorious
Monarch
of
the
day
,
does
not
,
in
all
his
Travels
round
the
earthly
Globe
,
behold
any
spot
of
Ground
inhabited
by
any
thing
but
Brutes
,
where
Monarchy
,
either
is
not
at
present
,
or
hath
not
been
the
Antient
Original
and
fundamental
way
of
Government
.
From
the
consideration
of
this
Naturalness
of
Monarchy
,
Authors
deducing
Monarchy
from
a
Divine
Original
.
and
the
Venerable
Antiquity
of
it
,
we
may
conclude
the
reason
why
the
best
and
Ancientest
Writers
have
adorned
it
with
such
Eulogiums
,
deducing
its
Original
from
the
Divine
Being
.
So
Hesiod
[
](A46988-e28470-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Theog
.
v.
91.
saith
,
Kings
are
from
Jove
;
and
[
](A46988-e28510-b)(v)
(v)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Hymn
.
in
Jovem
.
Callimachus
adds
,
that
none
are
so
Divine
as
they
:
So
in
Homer
[
](A46988-e28550-b)(w)
(w)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ihad
.
6.
v.
277.
as
well
as
in
Hesiod
,
they
are
stiled
,
nourished
of
God
,
and
born
of
God
;
not
as
deriving
their
Pedigrees
,
but
Kingly
Honours
from
Jove
,
as
Eustachius
notes
;
and
from
Homer's
making
the
Scepter
of
Agamemnon
to
be
the
Gift
of
Jove
(
though
a
late
[
](A46988-e28650-b)(x)
(x)
Absolute
Power
,
p.
63.
Author
contemptuously
compares
it
to
a
Constables
Staff
)
He
[
](A46988-e28670-b)(y)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Iliad.
4.
v.
738.
saith
,
The
King
hath
both
his
Scepter
and
Jurisdiction
from
God
:
Of
which
the
curious
Reader
may
see
more
Authorities
in
the
learned
Tract
of
Archbishop
Vsher's
Power
of
Princes
.
[
](A46988-e28730-b)(z)
(z)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Plato
,
according
to
Synesius
de
Regno
,
makes
the
Regal
Office
to
be
a
Divine
Good
among
Men
;
and
a
King
to
be
as
it
were
,
a
God
among
Men
:
And
[
](A46988-e28770-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
Politico
.
Diotogenes
the
Pythagorean
saith
,
that
God
hath
given
him
Dominion
.
Others
have
stiled
them
Gods
,
which
a
late
[
](A46988-e28820-b)(b)
(b)
Absolute
Power
,
p.
66.
Author
saith
,
may
be
allowed
for
want
of
a
better
in
Hobs's
State
of
Ignorance
and
Atheism
,
and
would
have
him
have
the
Epithete
of
Optimus
as
well
as
Maximus
.
Thus
some
take
a
Liberty
to
ridicule
all
things
most
Sacred
and
Venerable
:
But
I
shall
have
occasion
to
enquire
into
such
Mens
Principles
afterwards
,
and
at
present
shall
only
say
,
That
no
Mans
Hyperbole
,
or
Expression
,
is
further
to
be
understood
,
than
as
it
makes
the
Kingly
Original
from
God
,
and
makes
Kings
his
Viceroys
upon
Earth
.
Therefore
I
shall
not
balk
such
Authorities
.
[
](A46988-e28880-b)(c)
(c)
2.
de
LL.
Plato
affirms
Monarchy
to
be
the
most
uncompounded
,
the
Mother
of
all
Governments
,
and
that
a
King
is
to
be
a
God
amongst
Men
;
and
a
King
is
a
living
Image
of
God
,
saith
the
[
](A46988-e28910-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Menander
.
Poet.
So
the
Grecian
Orator
saith
,
God
from
Heaven
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
did
send
the
Regal
Power
unto
the
Earth
.
[
](A46988-e28960-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Apud
Stob.
Ser●
.
46.
Diotogenes
yet
raiseth
the
Character
higher
,
according
to
the
Sovereignties
of
his
Age
;
That
the
King
,
having
a
Power
uncontrollable
,
and
being
himself
a
Living
Law
,
is
the
Figure
or
Adumbration
of
God
among
Men
:
And
in
[
](A46988-e29000-b)(f)
(f)
Idem
,
121.
another
place
,
Of
all
things
which
are
most
honourable
,
the
Best
,
indeed
,
is
God
;
but
on
Earth
,
and
amongst
Men
,
the
King
.
[
](A46988-e29020-b)(g)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
c.
37.
So
Agapetus
observes
,
That
although
the
King
in
the
Nature
of
his
Body
be
of
the
same
Mold
with
every
other
Man
;
yet
in
respect
of
the
Eminence
of
his
Dignity
,
he
is
like
unto
God
over
all
,
whose
Image
he
beareth
,
and
by
him
holdeth
that
Power
which
he
hath
over
all
Men.
Hence
it
was
,
that
the
Roman
Emperors
(
not
to
make
Researches
further
)
in
their
[
](A46988-e29080-b)(h)
(h)
Augustin
's
Numismata
per
totum
.
Coins
used
some
Emblems
and
Impressions
proper
to
their
Gods
,
or
their
Religion
;
inferring
,
That
they
derived
their
Character
from
them
.
So
in
the
Coins
of
Julius
Caesar
we
find
the
Image
of
Venus
,
from
whom
he
deduced
his
Extraction
.
So
we
find
the
Goddess
Victory
,
the
Image
of
Mars
,
and
the
Caduceus
often
,
and
Ensigns
of
the
High
Priest
;
and
not
onely
in
his
,
but
in
many
other
Emperors
Coins
,
the
Thunderbolt
,
to
denote
,
they
had
the
same
Power
upon
Earth
,
that
their
Jupiter
had
in
Heaven
:
according
to
that
of
the
Poet
,
Jupiter
in
coelis
,
Caesar
regit
omnia
terris
.
After
that
Julius
Caesar
was
in
Divos
relatus
,
we
find
a
Star
over
his
Head
,
or
himself
sitting
in
the
Habit
of
a
God
,
holding
in
his
Hand
a
Cornucopia
ascribed
to
the
Genii
and
Hero's
,
and
in
his
Left-hand
holding
the
Goddess
Victory
.
So
in
one
of
Augustus's
Coins
,
we
find
Victory
sitting
upon
a
Celestial
Globe
,
holding
a
Scarf
in
a
Circular
Figure
in
its
Hand
,
denoting
Eternity
.
In
Otho's
Coin
Jupiter
is
placed
in
a
Chair
,
with
a
Spear
in
his
Hand
,
with
the
Circumscription
,
Jovis
Custos
,
Jupiter
Custos
.
For
it
appears
out
of
the
Verses
of
Ennius
,
and
out
of
Hyginus
and
Apuleius
,
that
in
the
Nominative
Case
Jovis
was
used
for
Jupiter
.
So
in
a
Coin
of
Titus
the
Sella
Jovis
and
Thunderbolt
are
to
be
found
.
And
Trajan
holds
a
Thunderbolt
and
Spear
,
and
is
Crowned
by
the
Goddess
Victory
;
and
in
another
,
Jupiter
with
his
Thunderbolt
in
his
Hand
is
shrowding
Trajan
under
his
Pallium
,
according
to
which
,
[
](A46988-e29430-b)(i)
(i)
Pan●gy
.
Pliny
saith
of
him
,
Te
dedit
qui
erga
omne
hominum
genus
vice
tua
fungeris
.
So
in
the
same
Trajan
and
Hadrian's
Coins
,
the
Head
of
the
Sun
is
figured
with
a
radiated
Crown
,
as
representing
them
;
of
which
Custom
the
Tabulae
Heliacae
may
be
consulted
:
and
although
Chrysologus
reprehends
it
as
a
proud
affectation
in
the
Persian
Kings
,
that
with
radiated
Heads
they
place
themselves
in
the
figure
of
the
Sun
,
or
are
effeminate
into
that
of
the
Moon
,
or
assume
the
form
of
Stars
;
yet
we
may
suppose
such
Impresses
were
to
testify
to
the
People
from
whence
they
derived
their
Origination
,
or
whose
Tutelarship
they
were
under
.
For
after
Christianity
obtained
,
Constantine
wore
in
his
great
Ensign
called
the
Labarum
,
the
Figure
of
the
Cross
,
and
the
Letters
which
appeared
to
him
in
the
Air
,
with
the
Circumscription
,
sub
hoc
signo
vinces
.
So
[
](A46988-e29550-b)(k)
(k)
Octavius
Strada
de
Imp.
Rom.
p.
294
,
338.
Theophylact
and
Manuel
Comnenius
,
in
their
Medals
,
have
Christ
figured
putting
a
Garland
upon
their
Heads
.
Hence
a
grave
[
](A46988-e29600-b)(l)
(l)
Principis
potestas
publi●t
est
in
terris
〈…〉
Majest
〈…〉
.
Carisburiensis
.
l.
4.
c.
1.
Author
saith
,
The
Prince's
Publick
Power
in
Earth
is
a
kind
of
Image
of
the
Divine
Majesty
;
in
the
same
sense
with
that
of
[
](A46988-e29620-b)(m)
(m)
Com
in
13.
Rom.
St.
Ambrose
,
Princes
for
the
correcting
of
Vice
,
and
prohibiting
of
Evil
,
are
erected
of
God
,
having
his
Image
,
that
the
People
may
be
under
One.
We
Christians
have
the
Authority
of
Holy
Scripture
,
That
by
God
Kings
reign
,
and
that
they
are
his
Anointed
.
So
Daniel
saith
to
Nebuchadnezzar
,
The
God
of
heaven
hath
given
thee
a
kingdom
;
and
to
Cyrus
,
God
gave
to
Nebuchadnezzar
thy
father
a
kingdom
.
So
[
](A46988-e29700-b)(n)
(n)
Cujus
jussu
homines
nascuntur
,
hujus
jussa
&
Reges
conslimuntur
.
Lib.
5.
c.
24.
Irenaeus
affirms
,
That
by
whose
Command
they
are
born
Men
,
by
his
Command
likewise
they
are
ordained
Kings
.
Agreeable
to
which
,
is
that
of
[
](A46988-e29730-b)(o)
(o)
Apolog.
cap.
31.
Inde
est
Imperator
,
unde
homo
antequam
Imperator
;
inde
porestas
illi
,
und
&
spiritus
.
Tertullian
,
Thence
is
the
Emperour
,
whence
he
became
Man
before
he
was
Emperour
;
thence
he
hath
his
Authority
,
from
whence
he
hath
his
Breath
.
A
late
[
](A46988-e29770-b)(p)
(p)
Absolute
Power
,
p.
46.
Author
scornfully
confronts
the
Sentiments
of
so
many
Learned
and
Judicious
Persons
,
with
that
of
Aratus
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
That
all
men
are
the
Off-spring
of
the
Deity
.
Which
if
we
allow
in
his
sense
,
then
Pierce
Plowman
is
of
as
good
Divine
Authority
as
any
Crowned
Heads
.
Whereas
St.
Paul's
Application
makes
it
to
be
meant
quite
another
way
,
viz.
of
the
Creation
of
Man
by
God
Almighty
.
But
I
shall
pass
to
other
Remarks
.
The
Philosopher
makes
Four
kinds
of
Kingly
Government
.
Aristotle's
Division
of
Kingly
Government
.
First
,
That
of
Sparta
,
where
there
were
two
Kings
of
two
Royal
Families
,
the
one
a
Check
upon
another
:
And
this
was
,
he
saith
,
[
](A46988-e29880-b)(q)
(q)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
3.
c.
14.
a
Generalship
onely
of
an
Army
;
for
they
had
not
the
Power
of
Life
and
Death
,
but
in
Expeditions
of
War
;
as
he
instanceth
in
Agamemnon
,
whom
Homer
makes
patiently
to
endure
the
Reproaches
of
the
Great
Men
in
the
Assemblies
.
For
,
he
affirms
,
That
in
Times
of
Peace
the
Power
of
Life
and
Death
was
in
the
Senate
and
the
Ephori
.
So
in
the
Roman
Common-weal
,
the
Generals
having
the
Style
of
Praetores
and
Imperatores
,
when
the
Republic
was
changed
by
Julius
Caesar
,
he
retained
the
Military
Name
of
Imperator
,
which
the
Grecians
rendred
King
:
And
thence
it
is
that
Ammianus
saith
,
That
Valentinian
was
the
first
that
changed
the
Roman
Empire
from
a
Principality
to
a
Kingdom
.
But
to
return
from
this
Digression
:
This
Laconic
Commonwealth
had
Hereditary
Kings
,
with
a
Power
in
War
and
Divine
things
,
limited
by
Law
:
Of
which
the
Curious
may
read
Plutarc
.
de
Lycurgo
,
and
Xenophon
de
Republica
Lacedaemoniae
,
and
[
](A46988-e30080-b)(r)
(r)
Pag.
384.
Giphanii
Comment.
in
Arist.
Polit.
The
second
kind
of
Kingly
Government
,
he
calls
that
which
was
amongst
the
Barbarous
(
for
such
the
Grecians
styled
all
Nations
that
were
none
of
their
Country
)
;
and
this
,
he
saith
,
had
a
Power
equal
to
the
Tyrannical
,
yet
was
legitimate
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
and
according
to
the
Use
of
the
Country
;
for
that
the
Barbarous
Nations
were
more
prone
to
Servitude
than
the
Grecians
;
and
the
Asiaticks
endured
with
less
trouble
than
the
Europeans
,
that
Command
which
he
calls
Absolute
,
as
of
Masters
over
Servants
.
This
he
calls
in
reality
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Tyrannical
Government
;
but
Kingly
also
,
in
that
it
is
firm
,
legitimate
,
and
according
to
the
Use
of
the
Country
.
For
that
,
he
[
](A46988-e30200-b)(s)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
3.
cap.
10.
H●insii
.
saith
,
Citizens
or
Subjects
defend
Kings
,
but
Guards
of
Strangers
are
employed
by
Tyrants
:
Kings
commanding
lawfully
,
over
the
willing
;
and
Tyrants
,
over
the
unwilling
,
and
without
Rules
of
Law
.
The
third
kind
he
calls
that
which
among
the
Grecians
was
styled
the
Aesmynetian
:
And
this
,
he
[
](A46988-e30270-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Optiva
tyrannis
,
i.
suffragio
〈◊〉
.
saith
,
was
an
Elective
Tyranny
,
either
perpetual
for
Life
,
or
for
a
time
.
And
this
,
because
it
was
a
Command
over
the
Willing
(
such
Persons
being
elected
)
he
styles
a
Kingly
Government
,
and
instanceth
in
the
Mitylenians
,
who
chose
Pittacus
to
be
their
King
,
against
Alcaeus
and
Antimenides
,
who
were
banished
.
Such
[
](A46988-e30330-b)(u)
(u)
Halicarnass●us
,
lib.
5.
Dionysius
makes
the
Roman
Dictators
:
Such
the
Cumaeni
,
by
an
honester
Name
styled
their
Tyrants
;
and
such
were
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
of
Athens
.
Such
a
Kingdom
Timolio
held
at
Syracuse
,
which
he
,
as
well
as
Pittacus
,
spontaneously
resigned
,
and
did
not
convert
into
a
Tyranny
,
as
Dionysius
did
;
or
as
Sylla
and
Julius
Caesar
did
at
Rome
,
and
Aratus
at
Sicyon
,
according
to
the
[
](A46988-e30490-b)(w)
(w)
Lib.
3.
de
Officiis
.
Orator
.
The
last
kind
he
calls
[
](A46988-e30520-b)(x)
(x)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
3.
Polit.
c.
10.
Heinsii
.
Heroic
,
because
it
was
used
in
the
Heroick
Ages
,
and
had
three
Characteristicks
of
true
Kingly
Government
;
That
it
was
a
Power
exercised
over
the
Willing
,
Fatherly
,
and
Legitimate
.
For
,
he
saith
,
the
first
Kings
,
either
for
the
Benefits
they
conferred
on
the
Multitude
,
by
Invention
of
Arts
,
Conduct
in
War
,
or
leading
them
out
in
Colonies
,
or
supplying
them
with
Lands
,
governing
those
who
lonies
,
or
supplying
them
with
Lands
,
governing
those
who
freely
yielded
to
obey
,
were
in
that
esteem
,
and
had
that
Power
and
Authority
which
was
requisite
.
These
had
command
in
War
,
and
in
things
sacred
,
where
there
were
no
Priests
,
and
did
determine
Causes
;
and
all
these
things
,
some
Kings
administred
without
Oath
;
others
were
sworn
to
the
observation
of
them
,
by
the
lifting
up
the
Scepter
:
and
[
](A46988-e30580-b)(y)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
concludes
that
in
ancient
times
Kings
had
Rule
and
were
Lords
over
all
affairs
of
the
City
,
and
those
at
home
and
abroad
.
From
whence
and
from
what
the
Philosopher
delivered
in
the
beginning
of
this
work
and
elsewhere
,
[
](A46988-e30600-b)(z)
(z)
Comm●nt
.
in
lib.
1.
Polit.
initic
.
Giphanius
with
Thucydides
concludes
,
That
these
Hereditary
Kings
had
such
a
Power
as
was
restrained
by
certain
Laws
,
and
they
did
not
Reign
as
they
listed
,
and
at
their
Pleasure
;
but
by
certain
Prescripts
of
Laws
,
such
,
we
may
presume
,
as
they
ordained
.
This
was
that
Monarchy
which
was
known
in
the
first
Ages
of
the
World
.
All
People
in
all
Ages
,
and
all
places
having
by
constant
Experience
found
it
most
conducive
to
their
Happiness
,
and
well-being
.
For
had
there
been
any
other
form
,
under
which
Mankind
could
have
rationally
promised
themselves
more
,
or
more
certain
Happiness
than
under
this
;
all
humane
care
would
long
e're
this
have
hit
on
it
,
and
there
would
have
been
an
universal
Regifugium
.
But
supposing
we
should
quit
these
Topicks
of
Monarchy
,
Other
commendable
Qualifications
of
Monarchy
.
being
according
to
the
Law
of
Nature
,
and
that
it
is
venerably
for
its
Antiquity
;
there
are
other
Commodities
wherein
it
excells
other
Forms
.
As
first
that
it
is
freest
from
the
Canker
of
Faction
,
which
corrodes
and
consumes
all
other
Governments
.
Hence
the
most
judicious
[
](A46988-e30690-b)(a)
(a)
Tacitus
,
1.
Annal.
Historian
tells
us
what
Asinius
Gallus
replied
to
Tiberius
,
That
the
Body
of
the
Empire
is
one
,
and
so
is
to
be
governed
by
one
Soul
;
and
in
[
](A46988-e30730-b)(b)
(b)
Arduum
sape
eodem
loci
potentiam
&
concordiam
esse
.
Idem
.
another
place
tells
us
how
difficult
it
is
to
find
Concord
among
Equals
in
Power
,
especially
where
not
only
,
(
as
at
Sparta
)
there
were
two
races
of
Kings
governing
at
once
,
but
as
many
of
them
as
there
were
Senators
,
or
Magistrates
,
which
by
Bands
and
Confederacies
,
are
restlessly
making
Parties
against
each
other
,
whereby
the
Administration
rowls
from
one
Faction
to
another
:
whereas
Kingly
Government
is
uniform
and
equal
in
it self
;
and
when
by
Factions
,
Commonweals
have
been
brought
almost
to
utter
ruin
,
a
[
](A46988-e30760-b)(c)
(c)
Omnem
potestatem
ad
unum
conferri
pacis
interfuit
.
Tacitus
,
1.
Histor
.
single
Persons
Conduct
hath
restored
all
.
As
[
](A46988-e30780-b)(d)
(d)
Perculsum
undique
ordinavit
Imperii
corpus
,
quod
ita
haud
dubie
nunquam
coire
&
consentire
potuisset
,
nisi
unius
Praesidis
nutu
quasi
anima
&
mente
regeretur
.
Lib.
4.
c.
3.
Florus
writes
of
Augustus
Caesar
,
that
he
ordered
the
shaken
and
distracted
Body
of
the
Empire
,
which
without
doubt
could
never
have
been
united
in
one
Form
again
,
unless
by
the
Direction
of
one
President
,
as
a
Soul
and
Spirit
:
Even
so
we
experienced
in
his
late
Majestie
's
admirable
,
yea
miraculous
Retauration
,
which
effected
as
great
Blessings
to
these
Islands
,
as
that
of
Augustus
to
the
Roman
Empire
.
Besides
,
it
is
a
strong
Argument
for
the
Preference
of
Monarchical
Government
to
all
sorts
of
Republics
,
that
in
all
popular
States
,
we
find
all
great
affairs
managed
by
some
one
leading
Man
,
who
by
the
dexterity
of
his
Address
,
Power
of
his
Eloquence
,
or
the
Strength
of
his
Arguments
,
induceth
so
many
as
are
necessary
to
join
with
him
to
effect
them
,
unless
when
by
contrary
renitency
they
are
dissolved
into
Faction
.
So
when
the
Senate
of
Rome
was
in
a
most
critical
Debate
,
An
delenda
esset
Carthago
?
Cato
shewing
them
the
Grapes
which
a
few
Years
before
grew
there
,
illustrated
from
thence
the
dangerous
vicinity
of
so
potent
and
opulent
a
State
,
as
had
contended
with
them
for
the
universal
Empire
,
and
wanted
only
the
skill
of
an
uti
Victoria
,
to
have
effected
it
.
By
which
he
cooled
the
warm
Debates
of
the
Senate
,
and
brought
them
to
an
affirmative
Determination
.
So
Cicero
often
prevailed
,
so
Demosthenes
,
and
so
the
Daemagogues
in
popular
States
,
who
are
[
](A46988-e30920-b)(e)
(e)
Nalson's
Common
Interest
.
pro
tempore
Monarchs
;
the
very
head
of
every
Faction
in
a
Republic
being
a
King
in
Disguise
,
or
a
Tyrant
in
the
dress
of
a
Private
Man
.
The
single
Government
being
freed
from
the
prime
Cause
of
all
intestine
decay
,
viz.
Faction
:
It
necessarily
follows
that
it
must
be
of
longer
Duration
,
Monarchy
more
durable
.
as
being
built
upon
stronger
and
firmer
Foundations
than
any
other
Model
.
Ambitions
,
Aemulations
,
Hostile
Parities
,
popular
Insolencies
,
Senatorian
Tyranny
,
tumultuous
Elections
,
and
infinite
causes
of
Discords
are
the
inseparable
Associates
,
and
close
Conomitants
of
all
other
Forms
.
But
in
Monarchy
,
hereditary
Succession
is
as
a
Golden
Chain
,
that
holds
fast
together
and
close
every
part
of
the
Royal
Contexture
in
it self
,
and
leaves
no
Chasms
,
Chinks
,
or
Ruptures
,
whereby
any
dissolving
cause
can
be
admitted
entrance
to
subvert
or
disjoint
the
Frame
.
I
have
before
spoke
of
this
Head
,
and
shall
only
add
,
that
as
Kingly
Government
was
the
first
;
so
when
Commonwealths
were
introduced
with
much
strugling
,
they
kept
Life
a
while
in
Greece
and
Rome
;
but
have
been
reduced
to
Monarchy
again
about
one
Thousand
seven
Hundred
Years
since
.
Tacitus
after
his
short
way
tells
us
,
Vrbem
Romam
a
principio
Reges
habuere
.
Libertatem
&
consulatum
L.
Brutus
instituit
.
Dictaturae
ad
tempus
sumebantur
,
neque
Decemviralis
Potestas
ultra
biennium
,
neque
Tribunorum
militum
Consulare
jus
diu
valuit
.
Non
Cinnae
,
non
Syllae
longa
dominatio
;
&
Pompeii
,
Crassique
potentia
cito
in
Caesarem
;
Lepidi
atque
Antonii
arma
in
Augustum
cessere
,
qui
cuncta
discordiis
civilibus
fessa
nomine
Principis
sub
Imperium
accepit
.
Tacit.
l.
1.
Annal.
Monarchy
hath
no
Private
Ends.
that
Rome
had
Kings
first
;
that
L.
Brutus
appointed
Liberty
and
Consulship
;
Dictatorship
was
sometimes
assumed
;
the
Decemvirate
lasted
not
alive
two
Years
;
nor
did
the
Consular
right
of
the
Tribunes
of
the
People
long
continue
;
nor
was
the
command
of
Cinna
or
Sylla
durable
;
and
the
power
of
Pompey
and
Crassus
devolved
upon
Caesar
,
as
the
Arms
of
Anthony
did
upon
Augustus
,
who
received
all
(
being
weakned
,
wearied
,
tired
out
,
or
spent
with
civil
Discords
)
under
the
Empire
of
a
Prince
.
From
whose
very
Name
the
title
of
semper
Augustus
,
and
Caesar
is
continued
to
this
day
,
which
duration
in
no
Commonwealth
can
be
found
.
Therefore
every
one
that
desires
to
live
under
an
uniform
,
unchangeable
,
and
durable
Government
,
must
prize
and
value
Monarchy
most
.
It
is
furthermore
the
peculiar
Excellency
of
Monarchy
,
that
it
hath
no
separate
or
distinct
Interests
,
or
Designs
,
from
the
Good
of
the
Publick
;
the
End
of
all
just
Empire
being
the
Safety
and
Profit
of
the
Subjects
,
saith
a
[
](A46988-e31190-b)(f)
(f)
Finis
justi
Imperii
,
utilitas
obedientium
&
salus
.
Ammianus
,
lib.
30.
Judicious
Historian
.
For
a
King
,
neither
in
time
of
Peace
or
War
,
can
ever
have
any
Good
or
Evil
befal
him
,
wherein
his
Subjects
have
not
their
share
.
It
is
onely
in
Monarchy
where
Paternal
and
Conjugal
Love
are
in
the
highest
degree
and
relation
,
betwixt
the
Prince
and
his
People
;
the
[
](A46988-e31210-b)(g)
(g)
Nalson's
Common
Interest
,
p.
111.
Blessings
of
Happiness
,
or
the
Miseries
of
Infelicity
,
are
stowed
in
the
same
Bottom
.
So
that
a
Monarch
consulting
the
Safety
,
Honour
,
Welfare
,
Peace
,
and
Prosperity
of
his
People
,
doth
at
the
same
time
consult
his
own
Interest
in
every
one
of
them
;
and
this
must
of
necessity
oblige
him
to
act
strenuously
and
constantly
in
all
his
Endeavours
for
the
attainment
of
those
Ends.
This
will
induce
him
to
exert
all
his
Royal
Vertues
,
of
Justice
,
Fortitude
,
&c.
will
cause
him
to
be
watchful
to
suppress
the
Turbulent
and
Factious
,
who
would
discompose
the
happy
Harmony
at
home
,
and
be
vigilant
against
the
Attempts
of
Foreign
Powers
.
For
the
State
can
neither
sink
by
Intestine
Discords
,
or
fall
by
Foreign
force
,
but
he
must
be
ruined
with
it
,
and
so
out
of
the
natural
Tenderness
,
care
and
concern
for
the
Safety
,
Peace
,
and
Happiness
of
himself
and
People
,
he
must
be
truly
a
Father
of
his
Country
;
whereas
the
Members
or
Representatives
of
a
Republic
,
are
at
best
but
Guardians
(
and
greedy
ones
,
as
we
of
late
experienced
)
who
generally
commit
great
Wastes
.
Objection
,
That
Monarchy
is
apt
to
turn
to
Tyranny
.
The
common
objection
,
perpetually
in
the
Mouths
of
Democratick
Factious
People
,
is
that
Monarchy
is
apt
to
degenerate
into
Tyranny
,
according
to
that
of
the
[
](A46988-e31280-b)(h)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
5.
Polit.
c.
10.
Philosopher
;
who
,
having
recounted
the
external
and
intrinsick
causes
of
the
decay
of
other
forms
of
Governments
,
saith
,
that
the
dissolution
of
Kingdoms
happens
rarely
from
external
Causes
,
and
so
they
are
more
durable
;
but
it
may
happen
from
two
intrinsick
ones
,
viz.
the
Dissention
of
those
of
the
Royal
Family
,
or
Princes
,
or
when
Kings
govern
something
Tyrannically
.
But
this
is
only
true
where
Monarchy
is
Absolute
,
Arbitrary
,
and
Unbounded
;
which
in
the
English
Monarchy
is
much
otherwise
.
For
though
the
Kings
of
England
(
where
they
have
not
precluded
themselves
by
their
gracious
Condescentions
and
Grants
to
their
People
)
are
not
limited
by
any
other
Power
than
their
own
Royal
Pleasure
:
Yet
their
Concessions
have
been
so
many
,
and
formed
into
Laws
(
as
Measures
and
Standards
of
Government
)
that
they
are
Mounds
and
Boundaries
,
which
the
Monarchy
hath
no
less
Prudently
than
Indulgently
been
pleased
to
give
it self
,
thereby
to
ease
the
Subject
of
any
just
occasion
of
Fears
or
Jealousies
(
which
receive
their
Birth
from
the
formidable
redundancy
of
their
absolute
Power
)
and
by
this
means
the
Government
is
secured
from
the
falling
intoan
Arbitrary
and
Tyrannical
way
of
Rulers
,
and
the
Minds
of
the
Subjects
freed
from
the
dreadful
apprehension
of
Slavery
.
And
as
by
this
Incomparable
method
of
goodness
,
and
generosity
in
our
Princes
,
the
Subjects
of
all
conditions
are
the
more
powerfully
obliged
to
all
dutiful
Allegiance
to
their
temperate
Government
;
so
the
Government
it self
is
thereby
rendred
more
capable
of
effectually
answering
all
the
Ends
and
Intentions
of
Society
.
When
it
is
debated
whether
Monarchy
or
Tyranny
be
the
most
convenient
Government
;
the
true
Sence
of
it
is
this
,
Comparison
betwixt
a
King
and
Tyrant
.
Whether
the
People
shall
live
more
happily
when
the
supream
Power
is
in
one
,
and
the
Person
by
the
Laws
of
the
Country
is
known
,
whereby
no
Room
is
left
for
Division
and
Faction
,
concerning
that
single
Sovereign
?
Or
,
When
one
Man
,
being
more
active
and
crafty
than
his
Fellows
,
who
ought
to
have
an
equal
share
in
the
Authority
,
raises
a
Faction
upon
some
plausible
pretences
,
and
under
the
colour
of
serving
his
Confederated
Party
,
perswades
them
to
be
commanded
by
him
,
and
so
exercises
the
supream
Power
in
an
Illegal
way
:
which
as
is
compassed
by
engaging
the
People
in
misery
,
under
colour
of
making
them
more
happy
;
so
it
must
be
kept
up
by
as
bad
Arts
,
and
an
Army
must
be
maintained
to
make
good
by
force
what
Law
cannot
justify
.
In
this
manner
as
the
question
is
to
be
stated
betwixt
a
Lawful
King
and
Tyrant
.
So
if
it
be
enquired
whether
Monarchy
or
Aristocracy
be
better
;
it
is
not
whether
a
bad
King
be
better
than
a
good
Commonwealth
consisting
of
the
Optimacy
:
but
the
Comparison
ought
to
be
betwixt
a
good
King
,
and
a
good
Aristocracy
,
or
betwixt
them
when
both
bad
.
First
,
Comparison
betwixt
a
King
and
a
Commonwealth
.
Therefore
it
is
to
be
considered
,
That
a
People
may
easilier
have
a
good
King
,
than
a
good
Nobility
(
taking
Good
)
in
a
Political
Sence
,
as
providing
for
the
Peoples
Happiness
;
)
because
the
King's
Interest
is
the
same
with
that
of
the
Peoples
,
which
is
a
strong
State-security
:
whereas
the
Commonwealth
of
Greece
,
affords
us
many
Examples
of
Persons
selling
their
Country
,
and
putting
their
great
Councils
upon
ill
attempts
,
and
labouring
with
their
utmost
cunning
,
to
frustrate
good
Designs
;
because
their
Dependance
upon
a
Foreign
State
or
Kingdom
,
was
worth
much
more
unto
them
,
than
they
could
hope
to
gain
by
honest
Service
to
their
Country
.
Supposing
both
the
King
and
Optimacy
be
willing
to
promote
the
Peoples
Happiness
;
yet
he
is
more
able
to
compass
that
End
,
by
reason
he
hath
a
more
United
Power
,
and
the
Execution
of
all
Designs
depends
upon
a
single
resolve
;
and
therefore
may
be
managed
with
a
certain
closeness
and
all
convenient
swiftness
,
so
that
good
Councils
shall
be
first
discovered
in
their
effects
:
Whereas
a
great
Body
move
slowly
,
and
most
times
the
opportunity
of
Doing
is
gone
by
,
while
they
are
but
half
way
in
their
deliberation
.
Besides
,
More
Inconveniences
under
Common-wealths
,
than
under
Kings
,
cateris
paribus
.
as
there
are
many
Advantages
peculiar
to
Monarchy
(
as
in
these
three
Chapters
I
hope
I
have
evinced
)
so
there
is
not
one
Inconvenience
,
to
which
a
People
,
living
under
Aristocracy
,
are
not
subject
in
a
much
higher
Degree
than
they
are
under
Monarchy
.
For
supposing
a
King
cruel
,
yet
one
Man's
Cruelty
cannot
reach
so
many
as
that
of
Multiplied
oppressors
,
when
every
one
takes
their
peculiar
Province
to
fleece
,
or
exercise
their
Lordliness
over
,
according
as
their
Estates
or
Interests
are
divided
.
The
Covetousness
likewise
of
Senators
is
more
devouring
,
because
we
may
feed
one
Fire
with
less
Expence
of
Fewel
than
five
Hundred
.
A
Princes
profuse
Largesses
to
his
Favourites
,
is
infinitely
over-balanced
,
by
so
many
providing
for
their
poor
Kindred
,
and
making
Friends
,
and
purchasing
Dependants
.
This
very
thing
must
likewise
be
practised
by
Senators
,
for
underproping
their
several
reputations
,
hiring
Advocates
to
plead
for
them
in
their
absence
;
purchasing
of
Votes
in
their
private
concerns
,
and
obtaining
of
Offices
,
Places
and
Estates
for
themselves
and
their
Relations
:
So
that
these
must
require
more
considerable
Supplies
from
the
People
(
who
must
be
squeezed
every
time
any
single
Grandee
wants
)
than
are
necessary
to
nourish
the
Liberality
of
a
Prince
,
who
hath
a
large
Patrimony
,
standing
Revenue
,
and
places
of
Honour
and
Profit
to
gratify
his
Servants
withal
.
The
wisest
States
having
made
ample
allowances
to
their
Princes
,
to
enable
them
to
bestow
Favours
according
to
Merits
or
liking
.
Some
think
that
of
Ecclesiastes
(
Wo
to
thee
,
O
Land
,
when
thy
King
is
a
Child
!
)
a
strong
Argument
against
Monarchy
,
Another
Objection
answered
.
because
this
Calamity
is
not
incident
to
a
Senate
,
because
they
are
not
subject
to
Nonage
:
But
the
place
rightly
understood
(
saith
a
learned
[
](A46988-e31520-b)(i)
(i)
Idem
,
p.
23.
Writer
,
whom
I
have
epitomized
in
the
Parallel
)
is
a
very
full
Confirmation
of
the
happy
Condition
we
have
reason
to
expect
under
Monarchy
,
and
of
the
Calamities
and
Woes
which
probably
attend
an
Aristocracy
.
For
the
cause
of
those
Miseries
foretold
is
plainly
thus
:
A
King
during
his
Infancy
,
being
not
able
personally
to
Rule
,
the
Government
is
managed
by
the
Nobles
;
and
thence
come
Factions
,
and
all
the
Mischiefs
that
accompany
them
.
To
close
therefore
this
Chapter
,
we
may
consider
,
that
Kings
have
no
Rivals
whom
they
fear
,
and
must
keep
under
,
as
Governours
of
Commonwealths
have
;
which
is
no
small
Blessing
to
a
People
.
Kings
,
as
Proprietors
,
take
all
the
care
possible
(
saith
a
very
[
](A46988-e31560-b)(k)
(k)
Jus
Regin●
,
p.
58.
Learned
Author
)
to
improve
their
Dominions
;
whereas
Republicans
are
as
Tenants
,
mind
nothing
so
much
as
their
private
Profit
:
and
the
very
Pretenders
to
Liberty
and
Property
,
in
this
and
the
last
Age
,
have
been
the
great
Cheats
of
the
Nation
.
They
,
when
raised
to
govern
,
grew
insolent
;
whereas
Princes
are
still
the
same
,
and
their
Passions
rise
not
,
because
their
Fortunes
do
not
.
The
Prevailing
Factions
in
Commonweals
,
spare
none
that
oppose
them
,
having
no
consideration
of
them
,
but
as
Enemies
:
whereas
Kings
pity
even
Rebels
,
as
considering
them
still
as
their
Subjects
;
and
though
I
cannot
say
with
my
[
](A46988-e31590-b)(l)
(l)
Idem
.
Author
,
of
one
Year
,
yet
I
may
say
of
the
whole
time
of
the
Usurpation
,
That
more
were
murthered
and
ruined
in
that
Reforming
Age
,
than
suffered
by
the
Great
Mogul
,
and
King
of
France
,
in
that
space
of
time
;
and
more
Severity
was
exercised
by
those
Reformers
,
than
by
all
the
Race
of
our
Kings
these
Six
hundred
years
.
And
whatever
Evil
Ministers
Kings
are
said
to
have
,
yet
what
that
Judicious
Author
notes
of
Scotland
,
we
may
say
the
like
of
England
,
That
after
they
had
taken
from
the
Blessed
King
his
Prerogative
of
chusing
Judges
and
Councellors
;
the
Parliament
did
the
next
year
put
in
(
I
will
not
say
with
him
,
the
greatest
Blockheads
and
Idiots
in
the
Nation
but
)
men
of
much
meaner
Parts
,
and
more
corrupt
and
unfit
,
either
for
knowledge
,
or
the
upright
dispensing
of
the
Laws
,
Justice
and
Equity
,
than
any
Age
had
known
.
I
have
discoursed
of
this
Head
before
,
and
so
shall
say
no
more
,
but
that
as
well
as
in
Antient
times
,
the
unequal
Distribution
of
Justice
hath
been
noted
;
so
the
Severity
of
the
State
of
Venice
against
their
Nobles
,
and
the
executing
Men
without
Citing
or
Hearing
,
upon
meer
Jealousies
,
induced
a
wise
Spaniard
(
who
hath
collected
the
Arbitrary
Courses
practised
and
allowed
in
that
State
)
to
say
,
That
there
is
less
of
Liberty
there
,
than
under
the
worst
of
Monarchies
.
And
for
the
State
of
Holland
,
it
hath
been
more
than
once
observed
,
how
ingrateful
they
have
been
to
all
their
Neighbours
,
who
have
assisted
them
in
their
greatest
need
(
and
with
what
a
Jealousie
they
treat
the
Prince
of
Orange
,
whose
Ancestors
setled
them
in
the
Possession
of
what
they
have
)
as
well
as
to
the
Crown
of
England
,
is
obvious
to
common
Observation
.
By
them
their
Allies
have
been
unworthily
deserted
;
In
the
matter
of
Trade
no
Pact
or
Faith
hath
been
kept
.
In
their
Country
,
Mint
and
Cummin
,
Coleworts
and
Herbs
are
excised
;
nothing
worn
,
nothing
fed
upon
or
necessary
for
Humane
Life
,
but
pays
something
to
their
Exchequer
:
You
pay
a
Tribute
for
the
Ground
you
walk
on
,
for
the
Rivulets
you
pass
on
;
only
they
have
not
yet
found
out
a
Tax
upon
their
Foggy
Air.
CHAP.
X.
The
Character
of
a
good
King
in
general
.
BEfore
I
come
to
treat
of
the
Sovereignty
,
I
think
it
convenient
to
discourse
of
the
usefullest
Qualifications
of
Monarchs
,
and
the
benefits
that
will
redound
to
themselves
and
their
Subjects
thereby
.
The
[
](A46988-e31750-b)(a)
(a)
Ethic.
8.
c.
10.
Polit.
lib.
3.
&
5.
c.
4.
Philosopher
,
in
several
places
,
compares
a
King
to
a
Parent
and
Shepherd
,
but
a
Tyrant
to
a
Lord
over
Slaves
,
and
a
Wolf
.
Difference
of
a
King
and
a
Tyrant
.
The
One
in
his
Government
having
a
special
Regard
to
the
Peoples
Benefit
:
the
Other
governing
without
or
against
Law
,
pro
nutu
&
arbitrio
;
reducing
all
things
under
their
absolute
will
and
Power
,
in
such
a
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
is
unhappy
to
their
People
,
and
in
the
Conclusion
to
themselves
.
The
ancient
Authors
Description
of
a
Good
King
.
More
particularly
the
same
[
](A46988-e31860-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
&c.
Polit.
l.
5.
c.
11.
Philosopher
describes
a
good
King
to
be
one
,
that
no
ways
governs
Tyrannically
,
but
as
the
Master
of
a
Family
with
a
Royal
mind
,
not
challenging
or
appropriating
all
to
himself
,
but
procuring
good
for
,
and
defending
,
his
People
and
Subjects
,
in
the
course
of
his
Life
,
using
Moderation
in
all
things
:
Affable
to
his
Nobles
,
and
in
Company
desirous
to
show
himself
of
easie
Access
,
sweetning
his
Government
to
his
People
,
by
his
gracious
Declarations
.
By
these
,
saith
he
,
[
](A46988-e31900-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
his
Empire
will
not
only
be
more
Beautiful
,
more
Esteemed
,
and
more
Fortunate
,
but
more
Durable
;
being
not
dreaded
or
envied
of
his
Subjects
,
but
commanding
over
the
good
,
and
not
over
broken
and
depressed
Spirits
.
Such
Princes
use
a
moderate
just
Government
according
to
the
Laws
,
(
more
Majorum
)
contented
with
Power
sufficient
to
support
the
Government
;
no
ways
injurious
to
their
People
,
but
willing
that
some
things
should
not
be
in
their
Power
,
that
they
may
the
more
securely
perpetuate
,
what
they
enjoy
.
For
[
](A46988-e31940-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
they
that
are
Lords
over
fewer
things
,
necessarily
subsist
the
longer
.
So
it
is
recorded
of
[
](A46988-e31970-b)(e)
(e)
Lamprid.
in
vita
.
Molliorem
sibi
potestatem
&
contemptibiliorem
,
sed
securiorem
&
diuturniorem
.
Alex.
Severus
,
that
when
his
Wife
Menemia
,
Daughter
of
the
Consul
Sulpitius
,
and
Niece
of
Catulus
,
told
him
,
That
he
had
made
his
Power
gentler
and
more
despicable
,
by
not
taking
State
enough
upon
him
,
and
Governing
more
gently
.
He
gravely
answered
,
That
it
was
more
secure
and
durable
.
The
very
same
,
Aristotle
relates
of
Theopompus
.
Therefore
,
saith
a
grave
[
](A46988-e32060-b)(f)
(f)
Ille
Reipublicae
status
optabilis
&
firmus
est
,
in
quo
&
privatim
sancte
innoxieque
vivitur
,
&
publica
Justitia
&
Clementia
vig●m
.
Polyb.
lib.
6.
Histor
.
Author
,
That
State
of
a
Commonweal
is
to
be
desired
,
and
is
most
firm
,
in
which
private
Persons
live
Holily
and
unoppressed
,
or
Inoffensive
,
and
Justice
and
Clemency
are
in
full
Vigor
by
the
Princes
care
.
Therefore
[
](A46988-e32090-b)(g)
(g)
Verendus
potius
subditis
est
,
quam
metuendus
.
Stobaeus
.
Musonius
in
Stobaeus
saith
,
a
Prince
should
so
deport
himself
in
his
Government
,
That
he
should
rather
be
revered
and
honoured
,
than
feared
by
his
Subjects
.
The
excellent
[
](A46988-e32140-b)(h)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polyb.
Hist.
lib.
5.
Greek
Historian
tells
us
,
That
the
Practice
of
Tyrants
is
to
Lord
it
over
the
Unwilling
,
by
Terror
and
vitious
Exorbitance
,
being
always
engaged
in
mutual
hatreds
betwixt
him
and
his
Vassals
:
But
on
the
contrary
,
Kings
doing
good
to
all
,
with
Liberality
and
Clemency
,
govern
those
that
freely
are
subject
to
them
,
living
in
a
mutual
Benevolence
and
Charity
with
his
People
.
It
is
by
such
a
Deportment
of
a
Prince
to
his
Subjects
,
that
a
Prince
receives
much
inward
Contentment
.
For
as
the
Painter
delights
when
he
hath
finished
a
curious
Piece
,
and
every
Artist
when
he
hath
shewed
great
Mastership
in
his
work
;
so
a
Prince
,
when
he
hath
,
by
his
prudent
,
wise
and
merciful
Government
,
made
his
Reign
Prosperous
and
Happy
to
his
Subjects
,
The
Satisfaction
and
content
a
good
King
takes
in
his
Administration
.
cannot
but
receive
the
greatest
satisfaction
to
himself
,
and
will
thereby
acquire
a
most
glorious
and
durable
name
.
It
was
a
Kingly
saying
of
[
](A46988-e32210-b)(i)
(i)
Cum
omnia
possumus
,
sola
credimus
licere
nobis
laudanda
.
Variarum
lib.
50.
Theodahad
in
Cassiodorus
,
That
whereas
Kings
can
do
all
things
,
they
think
,
and
believe
those
things
only
to
be
lawful
for
them
to
do
,
which
are
Praise-worthy
.
As
the
Pilot
(
saith
the
Orator
)
designs
a
prosperous
Voyage
,
The
Subjects
Benefit
the
End
of
good
Kings
.
the
Physician
Health
to
his
Patient
;
so
the
Supreme
Magistrate
should
have
care
of
his
Subjects
,
the
[
](A46988-e32270-b)(k)
(k)
Beata
civium
vita
praeposita
.
Attic.
l.
8.
c.
11.
&
5.
de
Repub.
Lives
of
them
,
and
their
Fortunes
,
for
that
End
being
committed
to
them
.
Hence
Tacitus
commends
that
Prince
,
who
lives
with
his
People
as
a
Parent
with
his
Children
;
when
neither
to
his
own
Breast
,
Closet
,
or
[
](A46988-e32310-b)(l)
(l)
Nihil
in
penatibus
ejus
vaenale
aut
Ambitioni
pervium
.
13.
Annal.
initio
.
Family
,
any
Access
is
made
by
Ambition
,
or
in
which
any
thing
is
Mercenary
.
So
we
find
in
the
same
Judicious
Historian
,
the
advice
of
Galba
to
Piso
,
when
he
had
adopted
him
,
was
,
That
the
surest
and
shortest
Rule
to
sort
good
from
evil
,
was
to
weigh
with
himself
[
](A46988-e32350-b)(m)
(m)
Cogitare
quid
aut
nolue
〈…〉
Principe
,
〈◊〉
●olueris
,
1
Histor
.
what
under
another
Prince
he
would
have
allowed
or
blamed
.
Therefore
Nerva
gloried
most
,
That
he
had
done
nothing
in
his
Government
,
whereby
he
might
not
safely
live
,
although
he
should
lay
down
his
Empire
,
and
live
again
a
private
Life
.
So
Trajan
said
,
He
would
approve
himself
such
an
Emperor
over
his
Subjects
,
as
He
,
being
a
private
Man
,
would
have
wished
the
Emperor
to
have
been
.
Therefore
[
](A46988-e32390-b)(n)
(n)
Panegy
.
Pliny
so
highly
commends
the
Peoples
Vows
for
him
,
quod
bene
Rempublicam
&
ex
utilitate
civium
,
rexerit
.
Thence
the
same
[
](A46988-e32420-b)(o)
(o)
Non
minus
hominem
se
,
quam
hominibus
praesse
〈◊〉
.
Ib.
Panegyrist
commends
him
,
That
he
did
not
only
consider
himself
to
be
mortal
Man
,
but
that
he
was
appointed
to
govern
Men
,
not
Brutes
.
It
was
to
the
fore-mentioned
Nerva
that
Fronto
said
,
[
](A46988-e32480-b)(p)
(p)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Dio.
in
Nerva
.
It
was
a
great
Evil
to
have
such
a
Prince
under
whom
none
can
have
Liberty
;
but
it
is
worse
when
every
one
hath
Liberty
to
do
as
he
list
,
the
one
discovering
a
very
Tyrannical
Disposition
,
and
the
other
a
great
remissness
and
negligence
in
Government
.
Therefore
[
](A46988-e32500-b)(q)
(q)
Nec
tihi
,
quod
rarissimum
,
aut
facilitas
Auctoritatem
,
aut
severitas
Amorem
diminuat
.
Vita
Agricolae
.
Tacitus
adviseth
that
a
Prince's
Easiness
,
and
too
much
Lenity
weaken
not
his
Authority
,
or
his
too
great
Severity
lessen
the
Love
of
his
Subjects
.
Lipsius
[
](A46988-e32550-b)(r)
(r)
O
vere
justum
&
legitimum
illum
Principem
!
qui
in
summo
fastigio
non
minus
magnus
quam
bonus
audire
desiderat
,
&
duas
res
diversissimas
,
potentiam
ac
modestiam
miscet
!
quem
prodeuntem
certatim
velut
beneficum
quoddam
Numen
aspi●nt
inter
amorem
timoremque
medium
.
Praefat.
ad
Imperator
.
Reg.
&c.
gives
us
this
noble
Character
of
a
good
Prince
,
That
being
raised
to
the
highest
Eminence
,
desires
not
to
be
accounted
more
great
than
good
,
and
mingles
two
the
most
different
things
,
Power
and
Moderation
;
whom
his
Subjects
in
his
Progress
look
upon
as
a
beneficial
and
comfortable
Divinity
,
so
that
the
People
attemper'd
with
Fear
and
Love
,
with
interchangeable
Sentiments
,
doubt
whether
they
shall
salute
him
as
their
Lord
or
Parent
.
All
Princes
must
necessarily
be
most
dear
to
their
People
(
saith
the
[
](A46988-e32580-b)(s)
(s)
MS.
Speech
,
1571.
Such
Princes
dear
to
their
People
.
Chancellor
to
the
Parliament
,
Anno
1571.
)
dearer
than
their
own
Lives
,
when
they
by
their
Actions
demonstrate
that
they
make
the
whole
Scope
and
design
of
their
Government
the
Prosperity
of
their
People
.
Among
the
chiefest
of
which
Benefits
,
that
of
Peace
is
to
be
most
valued
,
as
being
the
end
and
mark
that
all
good
Governours
direct
their
Actions
to
.
In
another
place
he
makes
it
a
sure
sign
of
good
Princes
,
when
they
wish
themselves
all
the
good
qualifications
and
fittedness
for
Government
,
and
all
the
Vertues
of
the
greatest
Princes
for
their
Subjects
good
;
this
being
a
full
Demonstration
how
precious
and
valuable
the
safety
and
quietness
of
their
Subjects
are
to
them
.
The
learned
Lord
Chancellor
Bacon
marshals
the
degrees
of
Sovereign
Honours
under
five
Heads
,
Degrees
of
Sovereign
Honour
.
every
one
of
which
are
as
so
many
Characteristicks
of
great
and
good
Kings
.
First
the
[
](A46988-e32630-b)(t)
(t)
Essays
of
Honour
and
Reputation
.
1.
Conditores
Imperiorum
.
Layers
of
the
foundations
of
Empires
,
as
Romulus
,
Cyrus
,
Caesar
,
&
●
.
[
](A46988-e32660-b)(u)
(u)
2.
Legislatores
perpetui
Principes
.
Secondly
the
Founders
of
their
Laws
,
or
Law-makers
;
who
by
constituting
good
Laws
,
are
as
second
Founders
,
perpetual
Princes
,
because
they
govern
by
their
Ordinances
after
they
are
translated
from
this
World
.
Such
were
Solon
,
Lycurgus
,
Justinian
,
and
others
.
[
](A46988-e32690-b)(w)
(w)
3.
Liberatores
&
Salvatores
.
Thirdly
,
such
as
have
freed
their
People
,
and
delivered
their
Country
from
Servitude
,
or
have
put
an
end
to
,
and
composed
long
civil
Wars
,
as
Augustus
,
Vespasian
,
our
King
Henry
the
Seventh
,
and
the
Fourth
of
France
,
and
most
eminently
our
late
Royal
Sovereign
.
[
](A46988-e32740-b)(x)
(x)
4.
Propagatores
vel
propugnatores
.
Fourthly
such
as
by
honourable
ways
enlarge
their
Territories
,
or
make
a
noble
Defence
against
Invaders
.
Lastly
,
such
who
reign
justly
,
and
make
the
Age
good
wherein
they
live
,
therefore
stiled
Fathers
of
their
Country
;
such
both
was
and
is
our
late
and
present
Gracious
Soveraigns
.
So
that
such
a
Prince
as
others
describe
according
to
their
Wish
,
or
as
an
Exemplar
,
the
English
Nation
,
Character
of
King
Charl●s
the
Second
.
and
all
his
Majestie
's
Subjects
,
above
all
other
Kingdoms
in
the
World
,
have
been
and
are
Blessed
with
,
under
the
Reigns
of
two
such
unparallell'd
Royal
Brothers
.
We
may
justly
give
our
late
Sovevereign
of
immortal
memory
,
that
Character
which
we
find
in
Arnisaeas
as
the
Idea
of
a
good
Prince
,
That
leaving
entirely
to
his
Subjects
their
Properties
,
governed
according
to
God's
,
Nature's
and
his
own
Laws
founded
upon
Equity
and
Justice
;
or
that
of
[
](A46988-e32810-b)(y)
(y)
Rem
pepuli
esse
,
non
suam
privatam
.
Dio.
vita
Hadriani
.
Hadrian's
,
that
so
managed
his
Government
,
That
all
might
know
that
he
studied
the
Peoples
,
not
his
own
private
Profit
.
Surely
we
may
hope
for
great
happiness
under
our
present
Sovereign
;
Character
of
King
Jar●
the
Second
.
who
hath
not
only
been
a
Copartner
in
his
Royal
Brother's
sufferings
,
but
a
Co-adjutor
in
the
management
of
his
great
Empire
;
and
hath
so
signalized
himself
in
the
hazzard
of
his
Life
and
glorious
Atchievements
for
his
Country
,
and
is
endowed
with
all
the
Heroic
Accomplishments
that
ennoble
Princes
in
the
Records
of
Fame
:
so
that
we
have
the
greatest
Moral
assurances
(
if
we
disturb
not
his
Reign
by
Sedition
and
Rebellion
)
that
he
will
out-go
most
of
his
Ancestors
in
the
prosperous
Government
of
his
People
,
as
well
for
their
Glory
,
as
their
Peace
and
Tranquillity
.
Religion
in
a
Prince
,
his
Duty
and
Advantage
.
CHAP.
XI
.
The
Care
of
Religion
a
duty
incumbent
upon
Kings
.
IT
is
not
enough
to
give
a
Character
of
a
good
King
in
general
;
but
we
must
descend
to
Particulars
,
and
first
of
his
Care
of
Religion
,
according
to
that
of
[
](A46988-e32920-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit
lib.
7.
c.
8.
Aristotle
,
That
in
all
Government
the
first
and
principal
Concern
of
a
Prince
,
is
to
take
care
of
things
Divine
.
For
according
to
the
[
](A46988-e32970-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Diog.
●pud
.
Stohae●m
.
Stoick
,
It
becomes
him
that
is
the
Best
,
to
be
worshipped
by
the
Best
;
and
that
the
great
Sovereign
of
the
Universe
be
worshipped
by
his
Earthly
Vicegerents
.
For
of
old
it
hath
been
noted
,
That
many
advantages
both
accru'd
to
the
Sovereign
and
People
,
when
the
Prince
was
truly
Religious
.
Therefore
the
[
](A46988-e33010-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
5.
c.
11.
Philosopher
tells
us
,
That
it
is
the
duty
of
the
supream
Governour
principally
to
take
care
of
those
things
which
appertain
to
the
Deity
:
for
thereby
the
People
are
more
obedient
to
their
Princes
,
as
not
fearing
injustice
from
them
.
For
that
it
is
to
be
supposed
,
that
he
that
is
Pious
and
Just
,
will
not
do
an
Unjust
and
Impious
Action
;
and
by
it
he
is
more
secure
in
the
assurance
of
Protection
from
the
Deity
,
whereby
he
may
hope
for
its
Defence
and
Patrociny
,
from
the
Seditions
and
Treacheries
of
his
Subjects
,
having
the
Deity
to
fight
for
him
.
Consentaneous
to
which
,
is
what
[
](A46988-e33060-b)(d)
(d)
Omnia
prospere
eveniunt
sequentibus
deos
,
Adversa
autem
spernentibus
.
Lib.
5.
Livy
observes
,
That
all
things
happen
to
them
prosperously
that
follow
the
Gods
,
and
as
unprosperously
to
them
that
despise
them
.
Upon
the
same
Ground
it
is
that
the
Orator
saith
,
The
Romans
had
not
conquered
the
Spaniards
by
their
Numbers
,
or
the
French
by
their
Strength
,
the
Carthaginians
by
their
Stratagems
,
or
Grecians
by
their
Arts
,
nor
the
Italians
and
Latines
,
and
their
Nation
and
Land
,
by
their
Native
and
Inbred
Wisdom
;
but
by
Piety
and
Religion
,
and
[
](A46988-e33170-b)(e)
(e)
Atque
hac
una
sapientia
,
quod
Deorum
Immortalium
numine
omnia
regi
,
gubernarique
perspeximus
,
gentes
nationesque
superavimus
.
De
Aruspic
.
by
that
Wisdom
alone
,
that
they
understood
all
things
to
be
governed
by
the
Deity
,
they
had
overcome
People
and
Nations
.
Agreeable
to
this
Affirmation
,
is
what
we
find
recorded
of
Numa
,
That
his
care
of
Religion
was
the
chief
cause
of
the
succeeding
Felicity
of
Rome
.
For
as
the
[
](A46988-e33220-b)(f)
(f)
Machiavel's
Disc.
lib.
1.
c.
12.
Florentine
Secretary
observes
,
That
Romulus
exercising
his
People
wholly
in
Military
Affairs
,
his
Successor
Numa
,
finding
he
had
to
deal
with
a
Fierce
,
Usefulness
of
Religion
to
civilize
Subjects
.
Rude
,
Cruel
and
Ungovernable
people
,
thought
the
way
to
attemper
and
soften
their
minds
,
was
to
devise
some
Religious
Institutions
;
which
being
once
given
credit
to
,
might
make
them
more
pliable
to
Government
.
Therefore
[
](A46988-e33290-b)(g)
(g)
Omnium
primum
ut
rem
ad
multitudinem
imperitam
&
illis
seculis
rudem
essicacissimam
,
deorum
metum
inji●iendum
ratus
est
.
Lib.
1.
Livy
saith
,
That
of
all
things
,
he
thought
the
fear
of
the
Gods
to
be
the
most
efficacious
means
for
the
ordering
the
unskilful
Multitude
,
rude
in
that
Age.
And
[
](A46988-e33320-b)(h)
(h)
Numa
Religionibus
&
divino
jure
populum
devinxit
.
3.
Annal.
Tacitus
tells
us
,
That
with
Religions
and
Divine
Laws
he
yoaked
them
in
obedience
:
and
so
intent
he
was
in
the
Observance
of
the
Service
to
the
Gods
he
had
introduced
,
that
Plutarch
tells
us
,
That
he
being
one
time
Sacrificing
,
was
told
that
the
Enemies
were
advancing
against
him
,
but
he
would
not
desist
,
but
returned
[
](A46988-e33360-b)(i)
(i)
At
ego
rem
divinam
facio
.
Plutarch
.
in
vita
Numae
.
Numa
's
Fiction
.
Answer
,
That
he
was
performing
a
Divine
Work
,
and
he
would
not
leave
till
he
had
finished
it
.
It
is
by
[
](A46988-e33400-b)(k)
(k)
Qui
cum
descendere
ad
animos
sine
aliquo
commento
miraculi
non
posset
,
simulat
sibi
cum
Dea
Aegeria
cungressus
nocturnos
esse
,
ejus
se
monitu
quae
acceptissima
diis
essent
sacra
instituere
.
Lib.
1.
Livy
noted
of
this
Numa
,
That
he
was
forced
to
use
some
little
Arts
to
possess
the
People
with
some
Awe
and
Reverence
to
the
Religious
Worship
he
appointed
.
For
he
saith
,
that
finding
,
that
without
some
shew
of
a
Miracle
,
these
new
Religious
Institutions
would
be
difficultly
embraced
by
such
a
sort
of
Rude
People
,
He
pretended
he
received
them
from
the
Inspiration
of
the
Nymph
Aegeria
.
In
the
like
manner
it
is
reported
,
that
Sertorius
(
to
establish
his
manner
of
Religious
Worship
,
and
to
obtain
the
firmer
Obedience
to
his
Command
)
pretended
he
conversed
with
an
Hart
inspired
.
It
is
notoriously
known
,
Mahomet's
Fictions
,
to
gain
Credit
to
his
Imposture
.
how
the
greatest
of
Impostors
Mahomet
palliated
his
Natural
Infirmity
of
the
Falling-sickness
,
with
the
subtil
Fiction
that
he
was
transported
at
such
times
to
Heaven
,
and
received
the
Instructions
for
his
Alcoran
there
:
and
having
taught
a
Pidgeon
to
pick
Corn
out
of
his
Ear
,
he
made
use
of
that
to
delude
the
wild
Arabs
,
telling
them
,
It
was
the
Holy
Ghost
,
which
at
such
Seasons
revealed
to
him
certain
hidden
Mysteries
.
From
hence
we
may
learn
how
great
Deference
hath
been
paid
to
Princes
,
who
have
pretended
Obedience
to
the
Supreme
Being
,
or
had
Conversation
with
Celestial
Ministers
,
Spirits
or
Angels
;
and
how
useful
,
true
and
untainted
Religion
in
a
Prince
must
be
,
when
the
Umbrage
of
it
is
owned
to
make
so
pleasant
and
beneficial
a
shade
.
Before
I
leave
this
Head
,
I
cannot
but
observe
what
Respect
some
Heathens
paid
to
the
Religious
Worship
of
the
Gods
,
The
Heathens
Zeal
for
Religion
.
and
what
Punishments
have
been
recorded
to
be
inflicted
on
those
who
have
profaned
their
Rites
.
When
the
Gaules
besieged
the
Capital
,
[
](A46988-e33560-b)(l)
(l)
Valerius
Maxim.
lib.
1.
c.
1.
Caius
Fabius
Druso
would
not
omit
the
Customary
Sacrifices
,
but
carrying
with
him
in
his
Hands
,
the
consecrated
Vessels
(
contemning
the
Danger
)
passed
to
the
Quirinal
Hill
,
and
the
Barbarians
permitted
him
to
solemnize
his
Worship
,
and
to
return
safely
to
the
Capitol
.
So
[
](A46988-e33630-b)(m)
(m)
Herodotus
,
lib.
9.
Pausanias
,
at
the
famous
Battle
of
Platea
,
though
the
Enemy
pressed
sore
,
would
not
fight
till
he
had
a
lucky
Omen
by
his
Sacrificing
.
[
](A46988-e33680-b)(n)
(n)
Antiq.
Judaic
.
lib.
14.
c.
8.
Josephus
tells
us
,
That
Pompey
the
Great
,
when
he
had
taken
Jerusalem
,
and
entred
the
Sanctum
Sanctorum
,
although
he
found
a
Table
of
Gold
,
a
Sacred
Candlestick
,
and
many
other
Vessels
,
and
two
Thousand
Talents
of
Silver
;
yet
he
touched
nothing
thereof
,
but
caused
the
Temple
to
be
purged
,
and
the
Sacrifices
to
be
offered
according
to
Law
.
The
Christians
being
about
to
build
a
Chappel
at
Rome
,
wherein
to
perform
Service
to
Almighty
God
,
were
hindred
by
some
claiming
the
Ground
.
The
matter
was
brought
before
Alex.
Severus
the
Emperor
,
who
determined
,
That
the
things
which
concern
the
Gods
,
should
be
preferred
before
things
that
concern
Men
;
and
so
allowed
the
building
the
Chappel
,
saying
,
That
though
their
God
was
unknown
to
them
at
Rome
,
yet
he
ought
to
have
Honour
done
him
,
if
but
for
that
Respect
alone
,
that
he
bore
the
Name
of
a
God
.
All
which
,
and
many
more
Instances
which
may
be
given
,
ought
to
teach
Christian
Princes
to
perform
a
greater
Veneration
to
the
true
God
,
than
the
Heathens
did
to
their
false
and
imaginary
Idols
.
Disasters
hapning
to
such
as
contemned
the
Heathen
Gods
.
As
to
the
Examples
of
Signal
Disasters
that
have
happened
to
Princes
and
others
,
who
have
sacrilegiously
robbed
the
Shrines
of
the
very
Heathen
Gods
,
or
used
those
feigned
Deities
contumeliously
,
discovering
thereby
an
Atheistical
Temper
;
there
are
many
Instances
recorded
in
such
Writers
,
as
in
other
things
are
generally
credited
.
It
is
reported
of
[
](A46988-e33820-b)(o)
(o)
Diodorus
Siculus
,
lib.
20.
p.
698.
Agathocles
,
that
exacting
fifty
Talents
of
Silver
of
the
Liparenses
(
which
they
could
not
pay
without
taking
something
consecrated
to
Aeolus
and
Vulcan
)
in
his
return
,
the
ten
Ships
which
carried
the
Money
,
were
dashed
in
Pieces
by
Storm
:
by
which
it
was
said
Aeolus
had
his
revenge
,
and
Vulcan's
followed
after
,
for
that
Agathocles
was
burnt
alive
.
[
](A46988-e33930-b)(p)
(p)
Herodor
.
lib.
3.
p.
887.
Cambyses
King
of
Persia
,
having
conquered
Egypt
,
smote
the
Ox
that
was
consecrated
to
Apis
,
in
the
Hip
,
that
he
died
;
but
mounting
his
Horse
to
go
against
the
Counterfeit
Smerdis
,
the
same
Sword
he
had
slain
the
Ox
with
,
fell
out
of
the
Scabberd
,
by
the
prancing
of
the
Horse
,
and
he
falling
upon
the
point
of
it
,
was
wounded
in
the
same
place
of
the
Hip
,
whereof
he
died
shortly
after
.
I
might
instance
in
Nero's
contempt
of
the
Roman
Gods
,
and
his
sprinkling
the
Face
of
the
Syrian
Goddess
with
Wine
:
and
what
an
Exit
he
had
we
know
:
as
also
,
how
[
](A46988-e34060-b)(q)
(q)
Lampridi●s
.
Heredian
.
Heliogabalus
extinguished
the
Vestal
Fire
,
would
needs
marry
one
of
the
Vestal
Virgins
,
and
violated
indifferently
all
the
Rites
and
Ceremonies
of
Religion
in
Rome
;
his
End
was
violent
,
being
slain
by
his
own
Soldiers
.
But
I
shall
only
remember
what
is
reported
of
Philomelus
,
Onomarchus
and
Phaillon
;
who
having
spoiled
the
Temple
of
Delphos
,
one
of
them
was
burnt
alive
,
another
drowned
,
a
third
thrown
headlong
from
an
high
Place
;
being
the
three
sorts
of
Death
,
the
Grecian
Laws
appointed
them
to
undergo
that
were
Sacrilegious
.
But
I
will
refer
the
Inquisitive
Reader
to
Lipsius
his
Monita
,
Fulgosius
,
Dinoth's
memorabilia
,
and
others
;
and
only
mark
,
That
it
seems
not
safe
out
of
an
Atheistical
Humor
,
to
contemn
even
salse
Deities
;
for
that
is
seldom
done
without
some
Suspicion
that
the
Persons
who
do
so
,
scarce
reverence
any
Divinity
.
The
sence
of
which
ought
to
make
us
resent
the
publick
stabbing
,
rending
and
burning
of
the
Prints
,
Pictures
or
Images
of
our
Saviour
,
and
Saints
;
which
some
too
scornfully
have
done
.
From
these
Remarks
,
I
shall
now
come
to
consider
some
of
Machiavel's
Positions
about
Religion
:
First
he
[
](A46988-e34190-b)(r)
(r)
Of
the
Prince
,
cap.
18.
owns
,
That
it
is
necessary
that
a
Prince
appear
careful
of
Religion
,
and
appear
himself
Religious
and
Devout
.
But
he
thinks
,
Machiavel
would
have
his
Prince
only
pretend
Religion
.
for
a
Prince
to
be
truly
conscientious
,
is
not
conducible
,
but
rather
disadvantageous
to
their
Designs
if
great
,
or
the
Art
of
Government
.
This
Principle
must
be
owned
to
have
been
practised
to
the
highest
Improvement
by
Cromwel
,
whose
Master-piece
lay
in
pretending
extraordinary
Sanctity
,
whereby
he
won
more
to
his
Party
,
than
by
any
other
of
his
Arts
,
and
out-did
Machiavel's
Original
Caesar
Borgia
.
In
Answer
to
which
,
Answer
to
it
.
I
shall
oppose
first
the
Philosopher
,
who
,
in
the
place
before
cited
by
me
in
the
beginning
of
the
Chapter
,
in
commendation
of
the
Prince's
taking
Care
of
Religion
,
[
](A46988-e34290-b)(s)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
5.
c.
11.
saith
,
It
is
not
foolishly
and
impertinently
to
be
pretended
:
whereby
we
may
infer
,
it
is
to
be
sincere
and
Cordial
.
So
Pomponius
[
](A46988-e34340-b)(t)
(t)
In
Philipp●
.
Laetus
tells
us
,
That
Philippus
Arabs
covered
his
Wickedness
and
Cruelties
,
by
feigning
himself
a
Christian
,
and
relaxing
their
Persecutions
,
and
he
reigned
but
five
Years
,
and
He
and
his
Sons
were
massacred
by
his
Soldiers
at
Verona
.
Indeed
it
cannot
be
expected
otherwise
,
but
that
the
Judgment
of
God
,
and
the
Indignation
of
Men
,
should
fall
upon
such
Dissimulation
and
Hypocrisie
:
For
however
Princes
or
private
Persons
may
lacker
over
their
specious
Religiousness
,
yet
in
some
times
or
places
it
will
appear
so
thin
,
that
it
will
be
discovered
,
and
at
best
it
will
bear
no
resemblance
with
pure
Gold
Foyl
.
It
must
not
be
denied
,
That
Princes
have
a
larger
Latitude
than
others
,
to
conceal
their
Sentiments
of
Religion
,
or
to
set
the
fairest
Gloss
upon
it
,
as
being
to
guide
their
Actions
in
this
matter
,
as
well
as
in
secular
Affairs
,
suitable
to
the
Interests
of
State
.
But
every
one
will
likewise
acknowledge
,
that
a
Prince
,
The
Credit
a
Prince
gains
that
is
truly
Religious
.
who
useth
in
this
as
well
as
other
matters
,
a
generous
plain
dealing
,
is
valued
more
by
this
Standard
Coin
without
Alloy
,
than
those
are
,
who
make
,
as
the
States
of
Holland
do
their
Third
in
Silver
,
mixed
with
four
parts
of
adulterate
Metal
,
pass
for
currant
Sterling
Coyn.
Among
just
Men
,
such
a
Prince
that
deals
candidly
with
God
and
the
World
,
will
find
infinite
more
credit
than
any
Tinsel
heart
will
do
.
But
I
must
pass
to
another
of
the
Florentine's
Paradoxes
;
[
](A46988-e34430-b)(u)
(u)
Discourse
,
lib.
1.
cap.
12.
〈◊〉
's
Opinion
of
the
Bencht
of
the
Heathen
Religion
.
he
saith
,
The
Pagan
World
was
kept
principally
in
Obedience
by
the
belief
they
had
in
the
Responses
of
Oracles
,
as
that
of
Jupiter
Ammon
at
Delos
,
or
Apollo's
at
Delphos
,
&c.
or
by
the
Prognosticks
of
the
Augurs
;
and
that
,
when
once
Men
began
to
sleight
these
,
they
neither
believed
God
nor
the
Devil
,
but
became
as
ungovernable
as
unchained
Slaves
:
and
in
another
[
](A46988-e34530-b)(w)
(w)
Id.
lib.
2.
c.
5.
place
adds
,
That
the
cause
why
the
Force
and
Power
of
Christians
is
less
than
that
of
the
Grecians
and
Romans
,
was
in
the
difference
of
their
Religion
:
For
that
the
Christian
Religion
makes
the
Honour
of
the
World
contemptible
,
and
of
little
Estimation
,
whereas
the
Gentiles
esteemed
Honour
to
be
the
Soveraign
good
,
which
to
obtain
,
they
had
an
exceeding
great
Fierceness
and
Hardiness
in
all
their
Deeds
and
Enterprizes
;
and
that
the
Heathen
Religion
promiseth
no
Happiness
,
but
to
such
as
having
fought
for
their
Prince
,
Country
and
Commonweal
,
were
loaded
with
Glory
and
worldly
Honour
:
whereas
the
Christian
Religion
promiseth
blessings
to
such
as
are
humble
and
contemplative
,
and
to
those
which
despise
most
the
Goods
and
Honours
of
this
World
:
and
further
adds
,
That
the
Christian
Religion
hath
conducted
and
brought
the
World
into
that
Weakness
and
Feebleness
we
see
it
in
,
delivering
it
as
a
Prey
to
the
wicked
and
barbarous
People
;
because
all
Christians
,
to
take
the
way
to
Paradise
,
dispose
and
arm
themselves
,
rather
to
receive
Blows
,
than
to
give
or
take
Vengeance
.
So
that
to
him
it
seems
,
That
the
thing
which
makes
Christians
so
effeminate
and
cowardly
,
proceeds
only
from
this
,
That
they
esteem
more
of
an
Idle
and
Contemplative
,
than
an
Active
Life
.
In
answer
to
all
which
I
do
own
,
The
Answer
.
That
the
Oracles
and
Augurs
had
some
Influence
upon
the
People
;
but
we
must
likewise
yield
,
That
they
were
often
Instruments
and
Tools
fitted
by
Princes
to
carry
on
some
designs
,
to
give
Courage
to
their
Soldiers
,
and
disheartning
to
their
Enemies
;
and
that
God
in
the
Machine
was
oftentimes
a
Prince's
Spring
that
lay
there
.
As
to
the
Rites
and
Ceremonies
,
whatever
Power
they
had
to
influence
Mens
Minds
to
Obedience
and
Duty
to
Governours
,
and
to
stimulate
and
excite
them
to
great
and
glorious
Actions
;
the
same
Motives
and
Inducements
we
may
find
in
the
Christian
Religion
,
and
better
bottomed
.
That
there
is
something
else
besides
bare
Forms
,
Modes
,
and
Schemes
of
Religion
,
that
ought
to
be
countenanced
and
cherished
by
Princes
,
and
which
is
very
conducive
(
not
to
make
any
Comparisons
)
to
the
support
of
Government
,
I
will
now
endeavour
to
prove
.
First
therefore
let
us
consider
what
is
related
of
Numa
.
Concerning
Numa
Pompilius
.
It
is
said
he
appointed
divers
Ordinances
concerning
Priests
,
and
several
Ceremonies
,
whereof
several
Rolls
were
found
in
his
[
](A46988-e34680-b)(x)
(x)
Livius
,
lib.
40.
Decad.
4.
Sepulcher
Anno
V.
C.
574.
in
the
Consulship
of
Lucius
Manilius
in
a
Stone
Coffin
,
one
part
Latin
and
the
other
Greek
.
These
Books
being
seven
in
all
,
by
order
from
the
Consuls
and
Senate
,
were
perused
by
Quintus
Petilius
,
who
made
such
a
Report
of
them
,
that
according
to
Livy
,
they
were
decreed
to
be
burnt
,
as
of
no
great
account
;
and
besides
,
judged
pernicious
and
damageable
to
the
Commonwealth
,
by
bringing
that
Religion
into
Use
,
which
was
like
to
bring
great
[
](A46988-e34770-b)(y)
(y)
Cum
animadvertisset
pleraque
dissolvendam
Religionem
esse
.
Ibid.
alterations
in
the
present
Rites
.
Valerius
Maximus
gives
something
a
different
account
;
for
he
saith
the
Greek
Books
only
[
](A46988-e34820-b)(z)
(z)
De
disciplina
sapientiae
,
quia
aliqua
ex
parte
ad
solvendam
Religionem
pertinere
existimabantur
:
noluerunt
enim
prisei
viri
quicquam
in
hac
asservari
civitate
,
quo
animi
hominum
a
deorum
cultu
avocarentur
.
Lib.
5.
de
Religione
,
num.
12.
of
the
Discipline
of
Wisdom
were
burnt
,
for
that
they
were
judged
in
some
respects
to
dissolve
Religion
.
For
,
saith
my
Author
,
the
Ancients
would
preserve
nothing
in
this
City
by
which
the
Minds
of
Men
might
be
withdrawn
or
led
aside
from
the
Worship
of
the
Gods
.
From
this
Story
I
shall
first
mark
,
obiter
,
that
it
seems
for
want
of
the
engraving
these
Institutions
of
Numa
concerning
Religion
,
in
Brass
,
as
the
Roman
Laws
were
,
though
the
successive
Priests
had
the
ordering
them
ever
since
;
yet
there
was
that
alteration
made
in
that
long
interval
of
time
in
the
Rites
and
Ceremonies
,
from
what
he
had
instituted
,
that
to
have
reduced
them
to
their
practice
was
like
to
un-hinge
all
their
present
Ecclesiastical
Polity
;
and
so
the
Senate
,
Consuls
and
Priests
thought
it
more
adviseable
to
burn
and
annihilate
them
,
than
to
disorder
the
present
Establishment
.
Secondly
,
We
may
note
,
that
the
Senate
and
Consuls
took
care
that
nothing
should
be
exposed
to
the
People
(
how
sacred
a
Relique
soever
)
that
might
enervate
or
debilitate
Religion
.
Now
we
may
further
note
out
of
a
judicious
[
](A46988-e34900-b)(a)
(a)
Dionys.
Halicarnassaeus
,
lib.
11.
Historian
,
That
Numa
built
a
Temple
to
Faith
,
where
he
established
many
Ceremonies
to
induce
People
to
reverence
Faith
,
The
good
things
Numa
established
in
order
to
Government
.
and
to
fear
Perjury
;
and
ordained
likewise
upon
Controversies
happening
among
Parties
,
they
should
be
bound
to
go
to
the
same
Temple
,
and
there
with
certain
great
Ceremonies
swear
the
points
of
their
Contests
.
He
also
further
declared
that
those
who
usurp'd
upon
the
Limits
of
others
Possessions
,
were
not
only
to
be
punished
here
,
but
were
doomed
to
Torments
in
Hell
;
to
the
end
that
every
Man
might
be
afraid
to
seize
on
the
Goods
of
another
Mans.
These
therefore
I
look
upon
as
the
Fundamentals
of
civil
Religion
,
in
the
rendring
so
venerable
the
Faith
by
Oaths
,
whereby
not
only
Allegiance
to
the
Prince
,
but
Society
was
established
upon
that
firm
Basis
of
mutual
Confidence
:
and
by
the
securing
Propriety
,
the
whole
Compages
of
Government
was
preserved
.
We
ought
likewise
to
consider
that
there
are
moral
Vertues
which
conciliate
such
a
Reverence
to
the
Practisers
of
them
,
Moral
Vertues
very
useful
to
Government
.
that
they
are
great
helps
to
preserve
and
make
flourishing
every
Kingdom
and
Commonweal
,
and
which
constitute
a
considerable
Religious
Portion
of
civil
Government
;
and
when
Princes
and
People
exercise
them
,
both
live
happilier
,
than
when
without
them
,
great
Sanctity
and
Devotion
are
only
pretended
.
The
Vertues
I
put
in
the
Balance
against
Bigotry
in
Religion
,
Better
than
Hypocritical
Holiness
.
are
Justice
,
Temperance
,
Charity
,
Fortitude
,
Magnanimity
,
which
are
branched
out
into
many
flourishing
Boughs
,
that
bear
the
Golden
Fruit
upon
them
;
such
as
these
,
Not
to
do
to
another
that
which
we
would
not
have
done
to
our selves
;
To
live
contentedly
in
our
Station
;
To
be
obedient
to
our
Magistrates
and
Superiours
;
To
live
in
Charity
with
all
Men
;
To
be
Compassionate
to
the
Poor
and
Needy
;
To
give
no
evil
Example
in
any
sort
of
Debauchery
;
To
consider
that
we
come
into
this
World
to
live
according
to
the
rules
of
Life
,
the
Sovereign
Being
of
all
hath
pleased
to
reveal
;
That
we
do
nothing
here
which
may
forfeit
our
more
durable
Inheritance
in
the
other
World
.
These
were
the
Buttresses
of
Government
in
the
Heathen
World
,
when
the
whole
train
of
Moral
Vertues
without
Hypocrisie
and
Dissimulation
were
practised
:
and
can
Machiavel
or
any
of
his
Disciples
find
that
the
same
things
are
not
pressed
as
a
duty
upon
all
in
the
Christian
Religion
;
there
seeming
to
me
this
only
advantageous
difference
,
That
the
Foundation
and
Basis
upon
which
these
Moral
Vertues
rest
in
the
Christian
Religion
,
is
more
firm
,
more
regular
,
and
more
curiously
hewen
and
polished
,
and
more
consentaneous
to
the
Dictates
of
right
Reason
,
in
that
they
are
implanted
and
promulged
as
standing
Laws
by
one
God
Omnipotent
;
than
in
the
multiform
,
jarring
Polytheism
of
the
Heathens
,
who
for
every
different
Species
of
things
,
or
qualifications
of
Beings
,
introduced
a
presiding
Spirit
.
In
answer
to
the
second
Plea
of
the
Secretary
,
That
Religion
doth
not
dis-spirit
Men.
That
our
Religion
hath
dis-spirited
Christians
;
I
think
every
one
will
be
furnished
(
out
of
the
Armory
of
his
own
Experience
,
or
the
perusing
of
antient
and
modern
Histories
)
with
Shield
and
Buckler
against
such
false
Thrusts
,
and
will
own
that
there
have
been
as
considerable
and
glorious
Atchievements
performed
by
Christians
,
as
by
Heathens
:
as
may
be
instanced
in
Constantine
the
Great
,
Theodosius
,
Valentinian
,
Justin
,
Charlemain
,
Scanderbeg
,
and
infinite
more
modern
Christian
Princes
,
who
neither
yield
for
Manhood
,
Valour
,
or
Conduct
,
to
Turks
or
Pagans
:
and
how
Patient
and
Meek
soever
Christianity
teacheth
Men
to
be
;
yet
it
no
ways
hinders
Subjects
from
using
offensive
or
defensive
Arms
,
when
commissioned
by
Lawful
Authroity
;
nor
discourageth
adventuring
of
Life
for
the
defence
of
Kings
,
or
their
Countries
;
nor
is
it
an
Extinguisher
of
Endeavours
to
serve
God
the
Soveraign
,
or
his
People
,
in
the
Honourablest
Imployments
.
It
must
be
confessed
,
True
Piety
lessened
by
subtile
Disputes
.
that
since
Religion
hath
been
reduced
from
Precepts
and
Axioms
to
Systems
,
and
that
the
practical
part
of
Justice
,
Moral
Vertues
and
Honesty
,
were
no
longer
in
Esteem
,
than
as
they
were
found
subservient
to
the
promoting
Speculations
;
there
hath
been
a
way
found
out
to
render
these
fundamental
and
substantial
Qualifications
of
less
value
in
very
good
Men
,
unless
withal
they
added
some
quaint
Notions
that
might
sublime
their
Heathenish
Moralities
(
as
they
call
them
)
into
Elixirs
and
quintessences
of
Religion
:
as
in
our
late
Times
,
If
one
could
not
give
a
certain
Diagnostick
when
Grace
was
wrought
in
him
,
he
was
not
fit
for
reforming
Employment
;
Men
being
more
distinguished
by
Tests
and
Oaths
,
than
by
good
Manners
.
By
which
we
forgo
the
Substance
of
Moral
Piety
for
a
fleeting
Shadow
;
and
many
are
so
bigotted
in
their
several
Sentiments
,
that
it
is
a
more
arduous
task
of
late
,
than
formerly
,
for
Princes
to
comport
themselves
in
this
particular
,
so
as
to
keep
in
one
Uniformity
,
Subjects
of
so
different
Perswasions
,
whereby
they
may
command
that
obedience
Subjects
ought
to
pay
to
their
Sovereigns
.
To
find
Expedients
,
or
offer
any
directions
to
Princes
in
this
Case
,
were
to
involve
ones
self
in
an
endless
Labyrinth
,
and
discover
an
unpardonable
Presumption
;
the
Difficulties
being
very
great
,
if
not
insuperable
,
how
to
frame
Laws
that
should
combine
such
varieties
and
diversities
of
Opinions
in
one
Yoak
,
Order
or
Rule
,
without
such
an
universal
and
absolute
Monarch
,
as
scarce
in
Idaea
,
much
less
in
Practice
can
ever
be
.
I
shall
therefore
concern
my self
no
way
in
tugging
at
the
end
of
that
Saw
of
Controversies
,
which
(
how
pleasant
soever
it
may
be
to
such
as
have
an
over-weening
Opinion
of
their
Knowledge
in
such
Subtilties
)
is
very
harsh
and
ungrateful
to
my
Temper
.
This
one
Hypothesis
or
Postulatum
,
however
,
I
hope
few
will
deny
,
That
since
Monarchy
is
the
Established
Government
in
his
Majestie
's
Dominions
,
and
however
maliciously
and
potently
assaulted
in
our
Memories
;
yet
never
can
be
altered
here
.
The
Government
of
the
Church
of
England
agreeable
to
the
English
Monarchy
.
Princes
by
small
searches
into
the
aptitude
of
the
several
Schemes
of
religious
Worship
and
Government
,
may
soon
find
which
is
most
agreeable
to
the
Constitution
of
the
Monarchy
,
and
will
be
most
subservient
to
it
.
In
which
particular
,
the
Church
of
England
,
as
established
by
Law
,
in
its
Doctrine
and
Discipline
,
and
all
the
true
Members
of
it
,
and
the
Subjects
of
all
Conditions
,
who
act
according
to
the
Principles
of
it
;
have
obtain'd
a
Royal
and
Gracious
Character
,
founded
upon
the
constant
Experience
the
Kings
of
England
have
had
,
That
upon
all
the
most
critical
trials
,
the
Members
of
it
have
stood
firm
to
the
Crown
,
even
when
worn
by
Princes
of
different
Religion
.
Therefore
till
other
Forms
,
practised
in
the
late
times
,
can
give
as
undeniable
Proofs
of
their
unconditionate
Loyalties
;
I
think
it
but
reasonable
they
should
allow
His
Majesty
liberty
to
consult
his
own
,
and
the
interest
of
his
Government
,
rather
than
their
inconsistent
Models
.
One
of
the
Principles
of
the
Church
of
England
(
conformable
to
that
of
the
Christian
Religion
.
)
is
,
That
it
teacheth
Obedience
to
the
Soveraign
,
not
for
Fear
only
,
but
for
Conscience
sake
;
and
all
considerate
(
as
well
as
Pious
Men
)
where
they
are
convinced
,
That
it
is
better
to
obey
God
than
Man
(
if
any
thing
should
be
commanded
that
would
put
them
upon
that
Dilemma
)
will
chuse
to
suffer
(
if
they
cannot
fly
)
rather
than
rebel
.
Therefore
since
it
pleased
his
Majesty
at
his
first
Step
to
the
Royal
Throne
(
which
was
like
that
of
the
rising
Sun
dispensing
innumerable
Blessings
to
his
People
)
to
express
his
Royal
Favour
to
the
Church
of
England
,
The
King's
Commendation
of
the
Principles
of
the
Church
of
England
,
as
to
Monarchy
.
with
such
an
Encomium
of
its
Members
,
in
that
most
refreshing
Declaration
at
his
first
Council
(
which
from
so
just
a
Prince
carries
the
Force
and
Energy
of
an
Act
of
Parliament
as
well
as
of
State
in
it
)
it
ought
to
bow
the
Hearts
of
all
Men
that
design
not
to
be
Rebels
,
as
one
Man
to
him
.
Since
which
,
by
the
repeated
solemnity
of
it
to
his
two
Houses
of
Parliament
,
all
suspicion
of
his
Majestie
's
ever
acting
to
the
contrary
,
so
long
as
the
Subjects
keep
their
dutiful
Station
,
is
totally
removed
.
His
Majesty
also
hath
laid
a
solid
Foundation
for
true
Piety
in
the
discountenancing
and
discrediting
all
forts
of
Vice
and
Debauchery
:
by
which
none
can
doubt
,
but
himself
as
well
as
his
Subjects
,
will
in
short
time
reap
happy
Benefit
according
to
that
so
the
excellent
[
](A46988-e35290-b)(b)
(b)
Diutius
durant
exempla
quam
mores
.
Tacitus
,
4.
Histor
.
Historian
,
Examples
have
a
more
durable
force
than
Laws
.
I
shall
conclude
this
particular
with
the
famous
Story
of
the
Zealots
in
[
](A46988-e35320-b)(c)
(c)
Josephus
de
Bello
Judaico
,
lib.
4.
c.
5.
&
lib.
7.
Judaea
:
Those
being
told
by
Vespasian
(
which
Messages
Josephus
himself
carried
to
them
)
that
he
would
change
nothing
of
their
Religion
,
but
maintain
them
therein
,
The
Evils
by
Rebelling
upon
pretence
of
Religion
.
and
in
all
their
Liberties
and
Franchises
;
yet
under
colour
,
that
they
were
bound
to
sacrifice
their
Lives
in
the
defence
of
the
Temple
,
would
never
hearken
to
Peace
upon
any
condition
what
ever
:
but
living
upon
Forraging
,
Rapines
,
Free-booty
,
and
committing
most
cruel
Butcheries
;
Vespasian
found
himself
obliged
to
arm
against
them
,
and
use
them
with
all
Extremity
.
In
fine
,
Those
who
pretended
so
much
the
Preservation
of
their
Religion
,
committed
a
Thousand
sort
of
Impieties
and
Cruelties
,
and
themselves
set
the
Temple
of
Jerusalem
on
Fire
,
and
at
last
brought
utter
Ruin
to
their
Country
.
I
shall
make
no
further
Application
,
but
that
from
hence
we
may
learn
,
First
,
That
it
was
agreeable
to
Principles
of
Government
,
that
Vespasian
(
though
a
Prince
of
a
different
Religion
to
the
Jews
)
should
not
alter
their
Civil
or
Religious
Government
:
And
,
Secondly
,
That
the
utter
Extermination
of
a
People
and
their
Religion
there
,
was
the
Consequence
of
the
Zelots
Rebellion
,
as
to
the
apparent
procuring
cause
;
for
I
enquire
not
here
into
the
Original
cause
of
that
Nations
Destruction
,
viz.
The
crucifying
of
our
Lord
and
Saviour
.
I
come
now
to
consider
wherein
a
Sovereign's
care
of
Religion
consists
,
Wherein
the
Sovereign's
Care
of
Religion
consists
.
which
would
carry
me
into
a
dangerous
Ocean
,
if
I
should
survey
all
the
Rocks
,
Creeks
and
Quick-sands
to
be
avoided
in
this
matter
.
At
the
best
I
shall
find
an
high
rolling
Sea
,
as
that
in
the
Bay
of
Biscay
,
if
I
escape
the
difficult
and
dangerous
passage
betwixt
Scylla
and
Charybdis
.
First
therefore
,
I
shall
consider
the
Obligation
the
Pagan
Romans
thought
they
had
,
not
to
make
any
Innovation
in
matters
of
their
Religion
,
with
some
Reflections
upon
it
.
Secondly
,
Consider
the
Condition
of
People
under
Diversity
of
Religions
:
Thirdly
,
The
Roman
Heathens
not
for
change
of
Religion
.
Speak
something
of
the
Diversities
of
Religion
sprung
up
in
the
time
of
the
late
War
:
And
Lastly
,
Something
concerning
Toleration
.
But
I
must
praemonish
the
Reader
,
that
I
intend
not
to
treat
of
these
,
either
as
Divine
or
Statesman
,
but
only
as
a
Lay-man
that
loves
Order
and
Peace
,
in
transitu
,
as
a
Parergon
.
First
then
as
to
the
Heathens
,
we
find
that
remarkable
Advice
of
[
](A46988-e35640-b)(*)
(*)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Dio
Cassius
,
lib.
52.
Mecaenas
to
Augustus
,
That
he
ought
to
worship
the
Deity
in
all
Methods
,
and
at
all
times
himself
,
according
to
his
Countries
Laws
,
and
cause
others
to
do
so
:
and
further
adds
,
That
he
should
restrain
those
that
would
innovate
in
Divine
things
,
not
for
the
cause
only
of
the
Gods
;
but
because
those
that
bring
in
new
Deities
,
do
drive
men
to
make
other
dangerous
Changes
:
and
from
thence
,
Conspiracies
,
Sedition
,
Conventicles
,
Cabals
,
&c.
which
are
things
no
ways
conducible
to
the
benefit
of
Government
.
In
which
we
may
consider
Mecaenas
to
advise
like
a
Statesman
,
considering
,
that
Augustus
had
but
newly
extricated
himself
from
a
great
and
dangerous
War
,
for
no
less
than
the
Empire
:
Therefore
it
behoved
him
to
make
no
Alterations
in
Matters
that
might
endanger
the
Settlement
of
his
present
Estate
.
Therefore
we
find
,
That
Augustus
laid
aside
the
name
of
Triumvir
,
contented
with
the
Consulship
,
and
for
defence
of
the
People
with
the
Tribunitian
Authority
;
which
were
old
Offices
the
People
were
acquainted
with
:
and
that
he
attracted
the
Soldiers
good
Will
to
him
by
Gifts
,
the
Peoples
by
Provision
of
Food
;
and
all
with
the
sweetness
of
Peace
:
arising
by
[
](A46988-e35750-b)(d)
(d)
Paulatim
insurgere
,
munia
Senatus
,
Magistratuum
,
〈◊〉
in
se
trabere
,
aullo
adversante
.
Tacit.
1.
Annal
.
degrees
,
to
draw
to
himself
the
Imployment
and
Authority
of
the
Senate
,
the
Magistrates
and
the
Laws
,
none
opposing
him
.
How
far
this
is
to
be
imitated
by
Princes
,
in
the
Circumstances
of
Augustus
,
I
leave
to
others
to
determine
.
As
to
the
general
Sentiment
,
that
the
Heathen
Roman
Religion
was
not
to
be
changed
:
I
shall
content
my self
with
two
Authorities
of
the
great
Orator
,
who
in
one
place
[
](A46988-e35810-b)(e)
(e)
Majorum
instituta
tueri
sacris
caeremoniisque
retinendis
sapientis
est
.
Patrios
ritus
migrare
aut
violare
,
ubique
gentium
nefarium
sir
.
Cic.
de
Divinatione
.
saith
,
That
it
is
the
part
of
a
wise
Man
to
defend
the
Institutions
of
their
Ancestors
,
in
retaining
sacred
Ceremonies
;
and
that
in
all
Nations
,
it
is
reputed
wicked
to
violate
and
banish
our
Countries
Rites
.
In
another
place
[
](A46988-e35840-b)(f)
(f)
Omnes
Religione
moventur
,
&
deos
patrios
quos
a
majoribus
acceperunt
,
colendos
sibi
diligenter
&
retinendos
arbitrantur
.
Cic.
in
Verrem
.
he
pronounceth
it
absolutely
,
That
all
are
moved
with
Religion
,
and
judge
their
Country
Gods
which
they
have
received
from
their
Ancestors
,
to
be
worshipped
and
retained
.
I
am
sensible
,
that
if
this
were
yielded
to
,
Christianity
would
not
have
been
propagated
in
the
World
.
For
if
it
had
not
been
lawful
to
alter
the
so
long
established
Idol
Worship
and
Polytheism
,
the
Doctrine
of
Christianity
had
been
shut
out
.
But
on
the
other
side
,
when
I
consider
how
Christianity
was
propagated
by
the
working
of
Miracles
,
and
by
the
Force
and
Energy
of
Conviction
upon
the
Minds
of
such
as
would
admit
the
Explanation
and
Dilucidation
of
the
Doctrine
,
and
the
Christians
patient
sufferings
under
the
Heathen
Persecutions
,
and
peaceable
awaiting
till
God
Almighty
disposed
the
Emperor
Constantine's
Heart
to
embrace
the
saving
Doctrine
of
our
Lord
Jesus
Christ
;
I
cannot
but
conceive
it
fit
(
as
a
Primitive
,
so
an
imitable
Example
)
to
follow
the
Method
of
perswading
and
convincing
Reason
and
Judgment
,
before
Changes
in
Religion
are
to
be
attempted
;
especially
since
the
Conversion
is
not
to
be
from
Paganism
,
but
concerns
Modes
of
explaining
Doctrines
,
Jurisdiction
of
some
Orders
and
Churches
,
and
such
Rites
and
Usages
,
as
possibly
enough
Men
may
be
saved
without
arriving
at
the
knowledge
of
the
Essentialness
of
them
.
The
Religions
of
Mankind
are
extreamly
various
,
Concerning
Diversity
of
Religions
.
diversifyed
according
to
the
Genius
of
the
People
,
their
Education
and
Interests
.
For
as
Dominions
are
circumscribed
,
and
bear
one
against
another
,
for
the
preserving
of
their
respective
Limits
and
Bounds
,
so
that
a
kind
of
Hereditary
Hostility
is
continued
betwixt
them
:
So
we
find
together
with
that
Native
civil
Enmity
,
there
is
also
some
disagreeing
in
such
Points
of
Religion
,
as
is
sufficient
to
keep
up
the
Feud
betwixt
the
Learned
Part
,
as
well
as
the
Common
People
;
and
the
Earth
is
not
more
diversifyed
by
the
large
Tracts
of
Sands
in
Arabia
,
Chains
of
Hills
at
Caucasus
,
the
Alps
,
&c.
or
with
the
Ribs
of
vast
Rocks
,
or
the
Fertile
Plains
,
Pools
,
Morasses
and
Seas
,
than
it
is
variegated
with
Religions
;
so
that
what
is
sacred
in
one
Country
,
is
even
piacular
in
another
.
—
cum
solos
credit
habendos
Esse
Deos
quos
ipsa
colit
—
What
Application
is
to
be
made
of
God
Almightie's
Methods
of
Providence
in
this
I
leave
to
Divines
,
whose
Province
it
is
:
Only
we
may
observe
,
since
the
Roman
Church
is
obeyed
in
a
large
Portion
of
the
World
,
and
Ethnicism
and
Turcism
possess
as
great
Territories
,
and
the
different
Modes
in
all
these
(
some
insisting
on
old
Usage
,
others
on
Reformations
and
Refinings
)
are
so
considerable
,
it
is
not
to
be
hoped
,
there
can
be
any
Uniformity
or
Harmony
of
Religions
in
the
Universe
.
Therefore
it
seems
to
be
the
great
concern
of
Princes
in
their
several
Dominions
,
to
use
their
utmost
Endeavours
,
that
the
great
Fundamentals
of
Religion
(
which
consist
in
solid
Piety
,
Justice
,
Temperance
,
&c.
)
should
be
strictly
observed
,
and
the
particular
Forms
,
which
,
by
the
Wisdom
of
foregoing
Ages
,
have
been
adapted
to
the
Genius
of
their
People
,
should
be
protected
and
defended
,
and
no
Innovations
made
in
them
upon
private
Mens
Fancies
of
Reformation
,
without
a
publick
Sanction
.
As
to
the
third
Particular
concerning
the
Diversities
of
Notions
in
Religion
,
Fanaticalness
in
Religion
dangerous
to
Government
.
which
have
been
spawned
in
our
late
Wars
,
during
the
Rebellion
,
when
every
one
pretended
,
that
the
Liberty
of
propagating
their
several
new
found
Opinions
,
was
what
they
had
fought
for
,
and
purchased
with
the
expence
of
their
Blood
and
Treasure
,
we
may
consider
these
things
following
.
First
,
That
when
Religion
is
only
seated
in
the
Brain
,
it
strangely
infatuates
,
and
renders
the
possessed
difficult
to
be
cured
:
for
it
either
produceth
downright
Hypocrisie
(
which
hath
Millions
of
Subservient
Wheedles
to
accompany
it
)
or
the
Imagination
is
heightened
,
That
(
as
a
learned
[
](A46988-e36060-b)(g)
(g)
Mr.
Fr.
White's
Sacred
Laws
.
Writer
observes
)
they
think
Salvation
is
only
ordained
for
those
of
their
fine
Sculls
;
the
very
mossy
Notions
of
which
they
think
sufficient
cure
for
the
falling
Evil
:
Judging
Mankind
,
till
within
a
Century
or
so
,
to
have
been
dull
indigested
Masses
of
unthinking
Animals
;
whereas
in
Truth
and
Reality
,
they
are
the
tubera
Terrae
,
Insipid
or
Poysonous
Fungs
,
which
sprung
up
by
the
Showres
of
Blood
.
Under
this
Ecstasie
of
new
Beams
of
Light
,
they
are
ravished
with
the
Opinion
of
their
own
Saintship
,
and
they
indulge
themselves
in
all
the
sweet
Appetites
of
Spiritual
Pride
,
affected
Sanctity
,
and
singularity
of
Perswasion
;
for
without
some
odd
Notion
(
more
subtile
than
others
have
or
a
Revelation
,
as
if
dropped
from
St.
Paul's
third
Heaven
,
they
have
no
Hearts-ease
;
and
having
the
Maggot
turn'd
into
a
Butterflie
,
O
how
it
flutters
and
mutes
its
Eggs
upon
every
fresh
Colewort
!
This
kind
of
Brain-sick
Religion
,
is
no
sooner
born
,
Idem
.
but
presently
like
Cadmus's
issue
,
it
falls
to
war
under
the
Banner
of
Reformation
,
which
is
that
Fort
Spiritual
,
that
Palladium
,
they
must
defend
;
and
thereby
promise
to
themselves
Laurels
and
Palms
,
which
shall
cover
and
protect
them
from
all
the
bruta
Fulmina
,
as
they
repute
them
,
of
the
National
Church
;
thinking
themselves
above
the
Jurisdiction
of
any
Ecclesiastical
Court
,
their
Dominion
being
founded
in
Grace
.
The
pretence
of
maintaining
Religion
,
or
the
sham-affrights
such
People
divulge
they
have
of
it
,
being
altering
,
or
taken
from
them
,
may
,
with
the
least
danger
to
the
Designers
of
any
Revolution
,
be
used
as
a
blind
to
carry
on
any
Intriegue
;
and
the
pretence
of
refining
Religion
,
hath
powerful
Philtres
and
Fascinations
,
to
bewitch
the
Unwary
,
and
tickle
the
Hypocrite
.
While
such
like
Religious
People
,
as
I
have
been
describing
,
in
the
late
miserable
times
(
when
there
was
neither
Lawful
,
Civil
,
or
Ecclesiastical
Authority
)
obtained
Power
,
these
Glow-worms
were
as
plentiful
as
Locusts
,
filling
every
place
with
new
,
but
not
uniform
Light
;
nothing
was
more
common
in
their
Mouths
,
than
that
the
Dispensation
or
Gospel
of
the
Holy
Ghost
was
to
be
expected
,
that
of
God
Almighty
being
passed
away
,
at
the
coming
of
our
Saviour
,
and
His
Sacred
Establishments
being
to
cease
at
the
approach
of
this
.
What
wild
fancies
,
What
Heresies
revived
,
were
then
in
Vogue
,
I
had
rather
were
forgot
than
shown
upon
the
Stage
:
and
only
shall
observe
,
that
since
Religion
is
like
the
Heart
in
the
Body
,
full
of
Vital
Spirits
,
it
encreaseth
the
care
of
a
Sovereign
,
That
neither
the
Divine
Fire
be
sufflaminated
or
extinguished
by
Irreligion
or
Atheism
;
nor
by
Enthusiasm
so
sublimed
,
as
it
cause
a
Calenture
.
As
to
the
last
Particular
,
it
is
so
nice
a
point
(
now
especially
)
that
I
had
once
designed
not
to
have
touched
upon
it
;
Concerning
Toleration
of
Religion
.
but
that
I
may
not
wholly
frustrate
Expectation
in
saying
nothing
,
I
shall
Content
my self
with
summing
up
some
few
Authorities
from
Lipsius
,
and
others
upon
this
Subject
.
[
](A46988-e36230-b)(h)
(h)
Polit.
lib.
4.
c.
3.
Lipsius
saith
,
it
is
his
firm
Opinion
,
That
one
Religion
should
be
preferred
in
one
Kingdom
,
and
bemoans
the
Condition
of
Europe
,
wherein
Religion
hath
kindled
such
disagreeing
Flambeaus
,
and
endeavours
to
pour
Water
on
that
Sacred
Fire
.
[
](A46988-e36290-b)(i)
(i)
Publice
peccare
dico
,
qui
&
ipsi
de
deo
receptisque
sacris
sentiunt
,
&
alios
ad
sentiendum
per
turbas
impellum
:
Priva●im
,
qui
pariter
male
sentiunt
,
sed
sibi
.
Ibid.
He
makes
two
kinds
of
those
that
sin
in
Religion
;
First
,
Those
who
have
ill
Sentiments
of
God
,
and
the
received
Holy
Rites
,
and
do
endeavour
to
force
others
by
Riots
and
Tumults
,
to
be
of
the
same
perswasion
.
Secondly
,
Those
who
have
as
depraved
opinions
,
but
keep
them
to
themselves
,
keeping
this
Fire
on
their
own
Hearths
,
only
to
dress
their
own
Viands
with
.
Concerning
the
first
of
these
,
he
concludes
,
they
ought
to
be
punished
;
lest
,
as
St.
Cyprian
saith
,
The
Prince
be
punished
for
them
;
for
with
St.
Austin
[
](A46988-e36360-b)(k)
(k)
Melius
est
ut
pereat
unus
quam
ut
pereat
unitas
.
he
affirms
,
That
it
is
better
that
one
Scabbed
Sheep
be
removed
,
than
the
whole
Flock
be
infected
.
Agreeable
to
which
is
that
which
[
](A46988-e36370-b)(l)
(l)
Violatarum
Religionum
aliubi
atque
aliubi
diversa
poena
est
,
sed
ubique
aliqua
.
De
Benef.
l.
3.
c.
6.
Seneca
affirms
,
That
in
divers
places
,
the
punishment
may
be
divers
,
of
Religions
violated
,
but
every
where
some
Punishment
is
enjoyned
.
[
](A46988-e36410-b)(m)
(m)
Quod
in
Religionem
divinam
committitur
,
in
omnium
fertur
injuriam
.
Lib.
4.
Cod.
de
Haereticis
.
Justinian
gives
the
Reason
,
why
some
Punishment
in
such
cases
should
be
inflicted
;
because
the
concern
of
Religion
being
of
a
great
extent
,
the
Injuries
committed
against
Divine
Religion
in
some
sort
affects
all
.
There
being
so
many
Hot-spurs
and
Bigots
in
Religion
,
that
are
always
busily
and
pragmatically
perplexing
themselves
and
others
with
subtile
Enquiries
of
things
under
the
Earth
,
and
above
the
Heavens
(
as
[
](A46988-e36450-b)(n)
(n)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Apol.
Plato
phraseth
it
)
that
is
,
of
things
beyond
the
Ken
of
judicious
Mortals
;
either
poring
in
St.
Faith's
under
Paul's
,
or
fluttering
on
the
Fanes
of
some
Spires
or
Cupalo's
,
to
the
Disturbance
of
those
that
would
be
at
their
publick
Devotion
in
the
Quire
.
Such
Turbones
(
as
Lipsius
calls
them
)
should
be
suppressed
,
if
it
can
be
without
a
greater
Disturbance
.
So
[
](A46988-e36530-b)(o)
(o)
In
morhis
ni●il
est
magis
periculosum
quam
immatura
medicina
.
Sen.
Consol.
ad
Hill
.
that
the
Application
of
the
Remedy
be
rightly
timed
,
that
by
unseasonable
Remedies
the
Distemper
be
not
fired
,
as
the
Judicious
[
](A46988-e36550-b)(p)
(p)
Tacitus
,
12.
Annal.
Historian
saith
,
Intempestivis
remediis
delicta
accendere
.
As
to
those
who
have
Souls
tainted
with
Errors
,
yet
endeavour
to
infect
none
,
but
keep
the
Contagion
within
Doors
,
and
propagate
not
their
Errors
:
Lipsius
applies
that
of
[
](A46988-e36600-b)(q)
(q)
Quis
impon
it
mibi
necessitatem
vel
credendi
quod
nolim
,
vel
quod
velim
non
credendi
?
Lib.
5.
c.
4.
Lactantius
,
Who
can
impose
a
necessity
upon
me
,
either
of
believing
or
disbelieving
?
And
that
of
[
](A46988-e36630-b)(r)
(r)
Docendo
magis
quam
jubendo
,
monendo
quam
minando
.
Epist.
65.
St.
Austin
,
That
such
be
wrought
upon
rather
by
Instruction
than
Injunction
,
by
admonishing
than
menacing
.
As
when
Strings
are
out
of
Tune
,
they
are
leisurely
to
be
screwed
up
to
Concord
,
not
hastily
,
lest
they
break
;
since
they
desire
[
](A46988-e36660-b)(s)
(s)
Tacere
liceat
;
nulla
libertas
minor
a
Rege
petitur
.
Sen.
Oedip.
no
greater
Liberty
than
to
be
silent
.
For
as
Curtius
saith
,
lib.
7.
Nemo
Rex
perinde
animis
imperare
potest
ac
linguis
:
None
can
so
well
command
the
Mind
as
the
Tongue
.
So
in
matters
of
Faith
,
he
commends
[
](A46988-e36700-b)(t)
(t)
Peccata
sic
compescas
,
ut
sint
quos
peccasse
poenitea●
.
Ad
Africanum
Proconsulem
.
St.
Austin's
Rule
,
so
to
suppress
Errors
,
that
there
may
remain
such
as
may
repent
they
have
sinned
.
Therefore
he
is
not
for
using
severity
to
such
,
whereby
some
may
be
made
Hypocrites
,
and
few
Converts
,
according
to
that
of
Themistius
,
Purpurae
tuae
Cultores
aliquos
efficies
,
non
Dei.
It
is
for
such
as
these
the
Act
of
Uniformity
provides
,
when
it
allows
five
besides
the
Family
;
and
those
that
cannot
be
content
with
that
Indulgence
,
may
thank
themselves
,
if
they
occasion
severer
Laws
against
them
.
CHAP.
XII
.
Of
the
Clemency
of
a
Prince
,
and
how
far
Beneficial
.
THIS
is
the
soft
Ermin
that
lines
the
Royal
Robes
of
Princes
,
this
is
the
orient
Pearl
which
studs
their
Diadems
.
None
ever
wore
a
finer
or
gentler
Furr
within
his
Imperial
Vest
;
nor
ever
had
more
conspicuous
,
valuable
,
or
more
genuine
Jewels
of
this
sort
in
his
Crowns
,
than
our
late
most
Gracious
and
Merciful
Soveraign
of
Blessed
Memory
.
Who
,
as
a
Learned
Person
most
truly
observed
long
[
](A46988-e36790-b)(a)
(a)
Character
of
King
Charles
the
Second
.
Anno
1660.
His
Clemency
.
since
,
had
goodness
of
Nature
,
Humanity
,
and
Charity
(
or
by
what
divine
Attribute
you
will
call
it
)
as
the
master
Ingredient
in
his
Composition
:
of
whom
most
truly
was
verified
,
what
out
of
Herodian
,
Pareus
notes
in
his
Aphorisms
of
Pertinax
succeeding
Commodus
,
(
as
that
most
Gracious
King
did
to
the
Senate
of
Tyrants
,
and
the
wickedest
Usurper
Cromwel
)
[
](A46988-e36860-b)(b)
(b)
Tyrannorum
〈◊〉
&
dementis
Principis
saccedent
is
Imperio
,
ni●il
ju●undius
,
nihil
utilius
subditis
accidere
potuit
.
That
nothing
more
pleasant
and
profitable
could
happen
to
Subjects
,
than
the
Death
of
Tyrants
,
and
the
Empire
of
a
Clement
or
Merciful
Prince
succeeding
.
So
that
whatever
I
can
write
in
commendation
mendation
of
this
Royal
Qualification
,
and
much
more
,
is
but
a
Dawb
,
and
no
Varnish
to
his
Statua
,
who
in
all
our
Annals
will
be
stiled
the
Clement
,
Merciful
,
and
Restorer
.
But
I
design
not
here
his
Apotheosis
,
yet
could
do
no
less
than
strow
some
Lillies
on
his
Grave
upon
this
occasion
.
The
Benefit
of
Moderate
Government
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Therefore
to
pass
to
the
subject
matter
.
The
[
](A46988-e36900-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
5.
Polit.
c.
11.
Philosopher
observes
,
That
the
moderation
of
Theopompus
much
setled
the
Spartan
Government
;
and
adds
,
that
what
lessens
a
Kingdom
in
Power
,
augments
it
in
Length
and
Duration
.
By
which
he
can
mean
nothing
else
,
but
that
mild
,
and
not
austere
or
violent
severe
Government
,
is
what
gives
a
long
continuance
to
Principalities
.
However
we
may
be
sure
a
Prince's
Mercifulness
is
one
of
those
Vertues
which
are
echoed
through
the
longest
and
loudest
Speaking-Trumpet
.
[
](A46988-e36970-b)(d)
(d)
Qui
benignitate
a●
〈◊〉
Imperium
temperavere
,
〈◊〉
candida
&
lata
omnia
suisse
:
etiam
●ostes
aquiores
quam
aliis
ci●es
.
Ad
Caesarem
.
Sallust
saith
,
That
those
who
have
tempered
their
Empire
with
Benignity
and
Clemency
,
have
had
all
things
Prosperous
unto
them
,
their
very
Enemies
being
more
just
to
them
that
use
it
,
than
some
Subjects
are
to
others
who
less
practise
it
.
Therefore
the
Orator
[
](A46988-e37000-b)(e)
(e)
Nec
ulla
re
propius
homines
ad
deum
accedunt
,
quam
salute
hominibus
danda
.
Cic.
pro
Ligat
.
saith
,
That
Men
(
much
more
Princes
)
in
nothing
,
make
nearer
approaches
to
the
Deity
,
than
in
giving
that
to
Men
which
he
calls
Salus
;
Health
,
Prosperity
,
and
Benefit
to
a
People
:
to
produce
all
which
a
Prince's
Clemency
must
concurr
.
The
Divine
[
](A46988-e37040-b)(f)
(f)
Se●ales
civibus
prabeant
,
quales
sibi
dens
esse
volunt
.
1.
de
Clem.
c.
5.
Seneca
gives
an
excellent
Rule
for
Princes
to
observe
that
they
deport
themselves
so
to
their
People
,
as
they
would
wish
the
Gods
would
do
to
them
.
Such
a
Prince
,
the
other
[
](A46988-e37080-b)(g)
(g)
In
Octa●
.
Seneca
the
Poet
elegantly
describes
,
which
(
if
any
other
)
our
late
King
deserves
to
have
writ
on
his
Tomb
:
Pulchrum
eminere
est
inter
illustres
Viros
:
Consulere
Patriae
,
parcere
afflictis
,
fera
Caede
abstinere
,
tempus
atque
Irae
dare
,
Orbi
quietem
,
saeculo
pacem
suo
:
Haec
summa
Virtus
,
petitur
hac
Coelum
Via
.
Another
famous
[
](A46988-e37170-b)(h)
(h)
Vim
temperatam
Dii
provehunt
in
majut
.
Horat.
Od.
3.
Poet
tells
us
,
That
divine
Power
enlargeth
temperate
Government
;
and
a
grave
[
](A46988-e37190-b)(i)
(i)
Potentia
mediocrit●
exer●ita
omnia
quaesi●a
conservat
.
D.
Cass
.
lib.
43.
Historian
tells
us
,
That
moderately
exercised
Power
conserves
all
that
it
hath
acquired
;
for
Mildness
in
all
Affairs
,
and
[
](A46988-e37210-b)(k)
(k)
Remissius
imperanti
melius
paretur
.
Sen.
de
Clem.
Obedience
,
is
better
payed
to
gentler
Commands
,
than
to
the
more
rigid
and
austere
.
A
Prince
,
saith
[
](A46988-e37240-b)*
*
Amorem
apud
populares
,
m●tum
apud
h●sies
quara●
.
Annal.
11.
Tacitus
,
should
endeavour
to
obtain
Love
among
his
Subjects
,
and
fear
among
his
Enemies
.
For
as
the
[
](A46988-e37270-b)‖
‖
Claudianus
ad
Ho●or
.
Poet
saith
,
Non
sic
excubiae
,
non
circumstantia
tela
,
Quam
tutatur
Amor.
—
That
Love
is
a
better
defence
than
Halberts
,
Battle-Axes
,
and
common
Guards
.
A
Prince
having
the
Love
of
his
Subjects
,
yet
must
have
Guards
.
Yet
we
have
known
a
Prince
(
who
for
this
Vertue
of
Clemency
,
deserved
as
much
Love
as
any
)
designed
to
be
assassinated
,
when
wicked
Conspirators
hoped
his
small
Guards
would
be
too
weak
to
defend
his
Royal
Person
against
their
Force
.
Therefore
however
commendable
Clemency
be
in
a
Prince
,
yet
it
should
not
be
his
constant
wear
;
some
Scarlet
,
with
the
fine
Linnen
,
makes
not
only
a
more
splendid
,
but
an
usefuller
show
.
Though
the
[
](A46988-e37340-b)(l)
(l)
Senec.
Trag.
Overmuch
Clemency
dangerous
.
Poet
say
true
,
Hoc
Reges
habent
magnificum
,
Et
ingens
,
nullus
quod
capiet
Dies
,
Prodesse
Miseris
,
supplices
fido
lare
Protegere
.
—
Yet
the
Rule
of
the
Prince
of
[
](A46988-e37410-b)(m)
(m)
Omnia
s●ir●
,
non
omnia
prosequi
,
parvis
pe●cat●s
veniam
,
magnis
●●●eritatem
commodare
.
Tacitus
vita
Agric.
Historians
,
is
to
be
observ'd
,
That
a
Sovereign
know
all
the
Stratagems
of
his
Enemies
,
but
not
to
prosecute
all
;
to
pardon
small
faults
,
and
accommodate
Severity
to
great
Crimes
.
For
as
another
Judicious
[
](A46988-e37430-b)(n)
(n)
Salutaris
severitas
vincere
inanem
speciem
clementix
.
Ci●ero
ad
Cl●●ent
.
Author
saith
,
Healthful
Severity
should
sometimes
overcome
the
unprofitable
and
ineffectual
kind
of
Clemency
;
for
it
often
happens
,
[
](A46988-e37450-b)(o)
(o)
〈◊〉
ager
crudelem
facit
medicum
.
Publius
.
That
the
unruly
Patient
makes
the
crueller
Physician
.
So
[
](A46988-e37480-b)(p)
(p)
Meus
hic
suror
subditos
sanos
reddit
.
Stobaeus
de
Regno
.
Cotys
the
Thracian
King
,
answered
some
that
taxed
him
with
Severity
in
a
necessary
Case
,
that
it
was
to
make
his
Subjects
Healthful
;
for
sometimes
there
is
no
other
way
to
save
the
sound
Parts
,
but
to
separate
the
gangrene
by
a
total
Abscission
,
though
a
gentler
Hand
is
desired
by
ignorant
Spectators
.
[
](A46988-e37530-b)(q)
(q)
Ingenia
nostra
,
ut
●obiles
&
generesi
equi
,
melius
〈…〉
.
Sen.
1.
de
●●em
.
In
some
Cases
it
is
true
,
generous
Souls
as
tender-mouthed
Horses
,
are
governed
by
a
gentler
Bitt
;
and
out
of
[
](A46988-e37550-b)(r)
(r)
〈…〉
de
〈◊〉
.
Pity
to
such
as
wander
,
ignorantly
missing
,
rather
than
willfully
passing
out
of
the
way
,
it
is
better
with
a
gentle
Hand
to
lead
them
into
right
Paths
,
than
to
expel
them
.
All
this
Method
our
late
King
followed
too
long
,
till
the
cunning
Designings
of
the
Achitophels
,
the
Pride
and
Lust
of
pamper'd
Men
,
the
contempt
of
his
forgiving
Temper
,
and
the
wilful
Deviations
from
their
Allegiance
,
of
others
,
had
almost
put
it
out
of
his
Power
to
let
the
Dutiful
and
Just
see
that
he
had
a
Care
for
himself
and
them
.
I
cannot
here
omit
what
King
[
](A46988-e37590-b)(s)
(s)
Basilicon
Doron
.
James
the
First
,
his
Royal
Grandfather
,
saith
of
such
a
People
;
That
he
was
the
Phrygian
that
too
late
,
and
at
too
great
a
price
,
was
wise
:
For
whereas
by
all
gentle
means
he
endeavoured
to
allure
them
to
Obedience
,
the
contrary
hapned
to
him
;
so
that
all
the
return
was
,
he
lost
his
Endeavours
upon
an
ungrateful
People
,
and
unloosned
the
Government
by
his
Lenity
.
This
Age
hath
found
this
Remarque
too
true
;
and
though
I
should
be
loth
to
excite
his
Royal
Grandson
to
any
sort
of
Severity
,
yet
I
suppose
it
is
a
general
Belief
,
That
His
present
Majesty
will
not
suffer
Himself
to
be
imposed
upon
by
a
Party
that
have
so
grosly
abused
the
Lenity
of
His
Royal
Grandfather
,
Father
,
and
Brother
.
Who
deserve
not
Clemency
.
Nor
can
it
be
judged
Severity
in
a
Prince
(
who
hath
seen
so
great
and
durable
Clemency
contemned
,
and
disposing
men
rather
to
the
most
cruel
and
wicked
Rebellions
)
to
oblige
these
by
the
terror
of
his
Laws
to
be
kind
to
themselves
,
as
well
as
the
Publick
,
by
creating
no
Disturbances
,
or
publickly
affronting
his
Authority
,
as
they
did
too
lately
in
His
Royal
Brother's
time
.
If
there
be
any
such
,
who
for
sinister
Ends
are
at
this
time
of
day
pressing
him
with
what
was
urged
to
[
](A46988-e37640-b)(t)
(t)
Plut
,
in
Lacon
.
Cleomenes
,
That
it
becomes
good
Magistrates
to
be
mild
to
all
:
It
is
to
be
presumed
they
may
receive
the
like
Answer
,
That
it
must
not
be
to
that
degree
,
as
to
bring
Himself
into
contempt
.
Much
less
ought
a
Prince
to
use
it
to
those
who
have
at
any
time
heretofore
joyned
in
those
Tumultuous
Petitions
in
His
Royal
Brothers
Time
,
or
in
countenancing
the
Bill
of
Seclusion
against
His
Royal
Person
.
For
although
His
Majesty
may
follow
the
Example
of
[
](A46988-e37670-b)(u)
(u)
Panormitanus
in
vita
Alphonsi
.
Alphonsus
,
who
said
,
That
private
Offences
to
his
Person
he
could
forgive
;
yet
he
ought
to
be
severe
against
those
Offences
which
concerned
the
Commonweal
:
[
](A46988-e37690-b)(x)
(x)
Phil.
de
Comines
.
Or
as
Lewis
the
Twelfth
of
France
,
who
being
advised
(
after
he
came
to
the
Crown
)
to
take
some
Revenge
against
that
Great
General
Lewis
de
Tremoulie
,
that
had
fought
against
him
,
replied
,
He
would
not
punish
the
Affronts
done
to
the
Duke
of
Orleance
.
Kings
may
forgive
Offences
against
them
before
they
were
Kings
.
And
so
His
present
Majesty
may
forgive
the
Injuries
done
to
Him
as
Duke
of
York
;
yet
it
is
not
reasonable
to
think
,
but
that
he
will
strenuously
assert
and
defend
the
Rights
and
Prerogatives
of
the
Crown
.
So
that
it
will
be
His
Majesty's
Interest
to
trust
none
of
those
that
would
(
contrary
to
the
Laws
of
God
and
Man
)
so
wickedly
have
precluded
him
from
his
Right
to
the
Crown
:
And
it
will
be
adviseable
for
all
them
to
repent
them
of
that
unjust
Act
,
and
transmit
it
as
a
Caution
to
their
Posterity
,
never
to
attempt
the
like
:
Which
will
be
more
honourable
and
advantageous
for
them
to
do
,
than
the
striving
to
set
up
a
spurious
Title
.
CHAP.
XIII
.
Of
Prudence
requisite
in
a
Prince
.
IT
is
Prudence
directs
all
the
great
Affairs
of
a
Monarch
to
that
Scope
and
Terminus
,
The●se
of
Prudence
in
Government
.
to
which
all
must
aim
,
who
design
an
happy
Reign
over
good
Subjects
.
By
it
they
know
when
to
relax
,
and
when
to
straiten
the
Reins
;
where
to
place
their
Favours
,
and
whom
to
employ
in
every
Administration
;
and
by
it
they
are
guarded
from
all
the
Vicious
and
Malevolent
:
For
none
dare
disturb
the
Prudent
,
who
have
no
unarmed
Parts
,
being
all
Head
,
all
Eyes
,
all
Hands
:
Inaccessible
by
the
Flatterers
,
inaccessible
by
the
Vain-glorious
,
the
Ambitious
,
and
Debauched
.
Such
a
Prince
is
served
by
the
Just
,
the
Wise
,
the
Prudent
,
and
Skilful
.
Nullum
Numen
abest
,
si
sit
Prudentia
.
Such
a
Prince
is
never
short-sighted
;
he
foresees
every
thing
in
its
Original
Cause
,
fits
every
thing
to
its
End
.
Authors
commending
Prudence
.
The
[
](A46988-e37850-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Po'●●
.
lib.
3.
Philosopher
tells
us
,
That
it
is
the
proper
and
peculiar
Vertue
of
a
King
:
For
,
more
things
,
saith
the
Sententious
[
](A46988-e37870-b)(b)
(b)
Plura
in
summa
fortuna
auspi●●is
&
consiliis
quam
telis
&
manibus
geri
.
13.
Annal.
Historian
,
are
done
in
great
Empires
,
by
Conduct
and
Counsels
,
than
by
Weapons
and
Hands
:
Hence
Flaccus
in
his
Argonauticks
—
non
solis
viribus
aequum
Credere
,
semper
acri
potior
prudentia
dextra
.
Hence
it
is
that
the
great
[
](A46988-e37950-b)(c)
(c)
Proprium
est
prudentiae
conci●are
sibi
animos
homi●um
,
&
ad
usus
suns
adjungere
,
cum
virtutes
spec●●
dispares
prudentia
junguntur
.
2.
de
Officiis
ad
Brutum
.
Orator
saith
,
It
is
the
Property
of
Prudence
to
attract
and
allure
Mens
Minds
,
and
render
them
useful
.
For
,
Vertues
of
different
Classes
by
it
are
united
;
there
being
nothing
that
destroyeth
Authority
,
so
much
as
the
unequal
and
untimely
Interchange
of
Power
,
pressed
too
far
,
and
relaxed
too
much
;
and
Hatred
,
Timorousness
,
and
Temerity
,
Profuseness
,
and
Parsimony
:
all
which
are
balanced
,
timed
,
and
seasonably
applied
by
Prudence
.
What
the
Eye
is
to
the
Body
,
in
discovering
the
various
Figures
,
Dimensions
,
and
Distances
of
Bodies
,
whereby
we
may
direct
our
Course
to
or
from
them
;
that
Light
of
the
Soul
(
but
much
more
pure
)
is
Prudence
,
which
sees
not
before
only
,
and
one
Hemisphere
singly
,
but
every
where
round
;
whereby
the
Soul
forms
(
saith
a
subtile
[
](A46988-e37980-b)(d)
(d)
Jamblichus
Epis●
.
ad
Aphalum
.
Philosopher
)
a
most
beautiful
Model
and
Exemplar
of
all
its
Actions
.
It
is
this
Vertue
(
saith
another
sage
[
](A46988-e38000-b)(e)
(e)
Damippus
lib.
1.
de
Prudentia
.
Author
)
which
designs
and
disposeth
infinite
Things
,
and
so
is
the
Parent
and
Conductor
of
all
other
Vertues
,
by
whose
Prescript
and
Reason
all
things
are
ordered
.
To
Exercise
this
useful
Vertue
,
requires
a
Man
not
only
of
Ingenuity
,
The
Particulars
wherein
Prudence
useful
to
a
Prince
consists
.
Wisdom
,
Memory
,
disquisitive
and
speculative
;
but
also
conversant
in
great
and
various
Affairs
,
in
Histories
Ancient
and
Modern
,
whereby
he
may
be
able
to
collate
Matters
,
and
adjust
them
to
their
proper
Scope
and
Designs
.
By
this
all
Men
(
as
well
as
Princes
)
take
mature
Counsel
,
consider
things
good
and
evil
,
commodious
and
incommodious
,
examine
all
Instruments
,
as
to
their
fitness
and
unfitness
,
compare
Circumstances
,
revise
Examples
,
consider
of
timing
of
Business
,
Places
and
Persons
,
natural
tendencies
,
and
where
Authority
is
to
be
used
,
and
where
Suasives
;
how
to
countermine
,
how
to
penetrate
into
hidden
Counsels
of
others
,
and
to
unmask
their
Disguises
;
to
ruminate
upon
things
by-past
,
to
order
the
present
,
and
provide
for
the
future
.
It
is
Prudence
teacheth
how
to
be
skilful
in
knowing
the
Causes
,
Symptoms
,
speediest
and
most
effectual
Cures
of
the
Diseases
of
a
State
.
For
,
as
Prudence
is
the
very
healthful
constitution
of
a
Soul
,
exerting
no
sickly
or
distempered
Actions
;
The
Diseases
of
a
State
〈…〉
by
a
Prudent
Prince
.
so
a
prudent
Prince
endeavoureth
with
all
his
Skill
and
Might
to
keep
the
State
in
a
most
perfect
temper
of
Health
,
vigour
,
beauty
,
and
firmness
:
So
that
under
an
old
experienced
Prince
,
there
are
no
Symptoms
of
old
and
decrepit
Age
in
his
Kingdom
.
Archytas
the
Pythagorean
saith
,
As
a
General
leads
his
Army
,
[
](A46988-e38100-b)(f)
(f)
Sic●ipsam
soelicitatem
,
prasens
vitae
temperat
regitque
prudentia
.
Stobaeus
.
the
Admiral
orders
his
Fleet
,
the
Pilot
his
Ship
,
or
God
governs
the
World
,
and
the
Soul
the
Body
;
so
presentness
of
Prudence
orders
the
Happiness
of
Life
.
It
were
endless
to
remember
all
the
Benefits
that
accrue
to
a
Prince
and
his
People
by
this
only
Vertue
,
Prudence
.
Be
the
Body
of
the
Commonwealth
in
a
Calenture
by
Factions
and
Seditions
,
a
prudent
Prince
knows
how
to
extinguish
the
Fire
,
by
substracting
the
Feeders
,
or
breaking
the
Force
of
it
,
by
subdividing
the
complication
of
Causes
,
or
diverting
of
it
some
other
way
.
Doth
it
bleed
by
a
Civil
War
?
He
can
bind
up
the
Wound
.
Does
it
suffer
by
want
of
Nourishment
?
He
can
supply
it
with
suitable
Food
,
that
will
neither
pamper
it
to
an
unwieldy
Sloth
,
or
luxurious
Licentiousness
:
He
can
by
Bleeding
or
Drenching
clear
it
of
all
its
superfluous
Humours
:
He
can
asswage
its
Pains
by
removing
Grievances
or
Oppressions
:
He
can
invigorate
every
languid
part
,
by
cordial
Privileges
and
wholesom
Laws
;
can
set
strait
its
dislocated
or
distorted
Joynts
,
when
any
of
the
great
Officers
or
Magistrates
faulter
,
limp
,
or
halt
in
their
Duties
.
Medaea
never
knew
so
many
Balsamick
Herbs
to
renew
the
old
Age
of
Jason
,
as
a
prudent
Prince
doth
Rules
and
Methods
to
cure
all
the
Distempers
of
his
Kingdom
,
preserve
it
in
a
perfect
Health
,
or
restore
it
when
declining
.
The
Consideration
of
all
which
,
made
[
](A46988-e38160-b)(g)
(g)
Quam
multis
virtutibus
opus
est
,
quibus
velut
anchoris
〈◊〉
navis
firmatur
?
quam
varia
prudentia
,
qua
velut
clavo
gubernetur
?
Ep.
ad
Imp.
Reg.
&c.
Lipsius
say
,
How
many
Vertues
are
necessary
as
Anchors
to
fasten
the
Ship
of
the
Commonwealth
?
how
various
Prudence
,
as
a
Rudder
to
govern
it
?
CHAP.
XIV
.
Of
a
Prince's
Courage
and
Conduct
in
Military
Affairs
.
IT
is
not
onely
necessary
that
a
Prince
should
know
and
exercise
all
those
Royal
Vertues
that
make
him
adorable
on
the
Throne
,
and
in
his
Cabinet-Council
,
when
he
is
clothed
with
the
Robes
of
Majesty
:
The
Benefits
to
the
Subjects
under
a
Martial
Prince
.
But
he
must
likewise
,
for
the
preservation
of
his
People
from
Foreign
Invasions
,
enlarging
of
his
Empire
,
and
keeping
his
Subjects
in
a
profound
Peace
at
home
,
free
from
intestine
Seditions
and
Rebellions
,
put
on
his
Armour
,
and
act
the
Part
of
a
Generalissimo
.
This
requires
,
according
to
the
[
](A46988-e38260-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Pol.
lib.
2.
c.
7.
Philosopher
,
many
Vertues
to
establish
it
.
Therefore
in
another
place
[
](A46988-e38300-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Id.
l.
7.
Pol.
c.
2.
Laws
for
encouraging
Soldiers
.
he
saith
,
In
some
Countries
the
Laws
were
framed
towards
the
attaining
of
particular
Ends
to
the
Governours
and
People
:
and
in
some
the
End
of
the
Laws
were
,
that
they
might
rule
over
their
Neighbours
;
as
he
instanceth
in
the
Lacedaemonian
and
Cretan
Government
,
where
the
greatest
part
of
their
Laws
were
accommodated
to
Warfare
;
and
concludes
,
That
in
all
Nations
which
can
hope
to
be
Superiour
to
others
,
such
Laws
are
in
honour
;
as
he
instanceth
in
the
Scythians
,
Persians
,
Thracians
,
and
Celtae
.
So
in
Carthage
,
to
encourage
Military
Service
,
so
many
Rings
were
given
to
the
Soldiery
,
as
they
had
served
in
several
Expeditions
.
In
Macedonia
it
had
been
a
Law
,
that
he
that
had
killed
no
Enemy
,
was
girt
with
an
Halter
:
And
among
the
Scythians
,
That
such
an
one
should
not
drink
of
a
Cup
which
at
a
certain
Solemn
Feast
was
to
pass
round
.
Among
the
Spaniards
there
were
as
many
Obelisks
,
or
pointed
Pillars
,
set
about
their
Graves
,
as
they
had
killed
Enemies
.
All
which
,
and
infinite
more
Places
in
[
](A46988-e38420-b)(c)
(c)
The
necessity
of
having
a
Standing
Force
,
is
for
preventing
Rebellion
,
and
defending
against
Foreigners
;
as
appears
in
Aristotle
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Lib.
7.
c.
8.
him
,
and
other
Authors
produceable
,
sufficiently
clear
the
necessity
of
a
Prince's
both
having
and
encouraging
Military
Force
:
and
all
are
as
so
many
Arguments
,
That
it
is
very
necessary
,
and
conducible
to
the
Prince's
Glory
and
Safety
,
as
well
as
his
Peoples
,
that
he
be
not
only
valiant
and
couragious
in
his
own
Person
,
but
that
he
understand
the
Office
of
a
great
General
.
There
are
none
more
famous
in
the
World
,
than
such
Princes
as
have
themselves
led
and
headed
their
own
Armies
;
as
is
most
eminently
proved
in
Alexander
the
Great
and
Julius
Caesar
.
So
in
our
King
Richard
the
First
,
and
Edward
the
First
.
Hence
it
is
that
[
](A46988-e38520-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Di●
.
l.
13.
Caesar
was
wont
to
say
,
There
are
two
things
which
obtain
,
keep
,
and
encrease
the
Princedom
,
viz.
Soldiers
and
Money
.
For
,
as
the
great
[
](A46988-e38570-b)(e)
(e)
Non
ignavia
magna
imperia
contin●ri
,
sed
virorum
armorumque
faciendum
certamen
.
Historian
observes
,
By
Sloth
no
great
Empires
are
held
together
,
but
it
must
be
done
by
Force
of
Men
and
Arms
:
It
being
[
](A46988-e38580-b)(f)
(f)
Sua
retinere
,
privatae
domus
;
de
alienis
certare
,
regi●m
〈…〉
.
15.
Annal.
the
part
of
a
Private
Family
to
retain
its
own
;
but
to
carry
Arms
abroad
,
is
a
Kingly
Praise
.
Such
a
Prince
who
hath
(
when
a
Subject
)
hazzarded
his
Life
for
his
King
and
Country
,
shown
his
great
skill
in
ordering
and
providing
for
his
Army
,
in
disciplining
it
,
How
a
Military
Prince
prevents
Rebellious
of
his
Subjects
.
hath
been
fortunate
and
successful
,
hath
a
Genius
to
military
Employment
,
a
brisk
and
vigorous
Soul
,
not
only
(
when
he
comes
to
be
Sovereign
himself
)
puts
a
fresh
Spirit
into
his
People
by
raising
their
Hopes
and
Confidence
that
he
will
encrease
the
Glory
of
his
Nation
;
but
it
makes
him
secure
at
home
from
Seditions
and
Rebellions
.
For
he
is
very
fool-hardy
,
or
desperately
Revengeful
,
that
will
challenge
a
single
Man
who
is
experimented
to
have
Valour
and
Skill
at
his
Weapon
:
much
more
is
he
who
knowing
his
Prince
such
an
one
,
and
who
hath
the
Power
of
his
Kingdom
to
assist
and
defend
him
,
will
offer
to
molest
his
peaceable
Reign
,
unless
he
find
some
advantagious
opportunity
strangely
favourable
to
his
Design
,
or
take
some
Season
before
such
a
Prince
be
well
setled
in
his
Throne
(
as
despairing
ever
after
to
effect
any
thing
)
and
be
in
that
desperate
Condition
,
that
if
he
then
cannot
push
forward
his
Designs
,
he
must
for
ever
live
inglorious
and
miserable
.
Such
was
the
Case
of
the
rash
,
ingrateful
,
and
aspiring
Duke
of
Monmouth
,
who
to
the
eternal
discredit
of
the
name
of
Protestant
,
so
unpolitickly
as
well
as
maliciously
raised
the
late
Rebellion
against
his
Lawful
Soveraign
,
pretending
a
Legitimacy
,
which
his
Father
(
that
the
best
of
all
Men
living
knew
the
falshood
of
)
disowned
,
and
more
than
once
made
publick
Declaration
of
it
.
How
he
prospered
in
this
attempt
,
the
World
knows
;
and
if
He
and
his
Advisers
had
not
been
besotted
,
they
might
have
easily
foreseen
.
Besides
this
great
and
happy
advantage
to
a
valorous
and
Military
Prince
,
How
a
couragious
Prince
secures
his
Subjects
from
Foreign
Enemies
.
in
the
securing
his
own
Country
in
Peace
within
themselves
,
the
Benefit
is
likewise
great
in
the
preventing
of
any
affronts
,
injuries
,
or
Indignities
to
him
or
his
People
,
from
any
of
his
Neighbours
;
for
none
dare
[
](A46988-e38650-b)(g)
(g)
N●m●
provocare
au
let
aut
facere
in
juriam
ei
Regno
aut
populo
,
quem
intelligit
expeditum
atque
promptum
ad
vindicandum
.
Vita
Alex.
provoke
or
do
Injury
to
a
King
,
his
Kingdom
,
or
People
,
saith
Lampridius
,
that
knows
the
Prince
prepared
,
forward
,
and
ready
to
vindicate
his
People
.
This
military
Genius
in
a
Prince
being
supperadded
to
his
other
Royal
Vertues
and
Qualifications
,
furbisheth
all
their
Arms
,
sets
a
fresh
Gloss
and
Lustre
upon
them
;
and
such
a
Prince
being
generally
successful
in
his
Attempts
,
(
for
that
commonly
gives
the
first
notice
of
his
Courage
and
Conduct
)
will
have
every
one
readily
flock
to
his
Standard
,
to
[
](A46988-e38690-b)(h)
(h)
Objicient
se
mucronibus
insidiantium
,
&
se
suaque
jactabunt
,
quocun
que
desideraverit
Imperantis
salus
.
Sen.
1.
de
Clem.
expose
themselves
betwixt
him
and
the
points
of
Traitors
Swords
,
will
have
them
throw
themselves
and
their
Fortunes
whereever
the
safety
of
their
King
requires
it
.
So
Cicero
notes
,
that
Fabius
Maximus
,
Marcellus
,
Scipio
,
Marius
and
other
great
Generals
,
had
the
Emperors
Office
and
Armies
committed
to
them
not
only
for
their
Vertues
,
but
also
by
reason
of
their
fortunateness
,
to
whom
[
](A46988-e38730-b)(i)
(i)
Cic.
pro
Manilio
.
Quibus
etiam
venti
tempeslatesque
obsecundant
.
the
Winds
and
Tempests
have
been
favourable
.
It
greatly
[
](A46988-e38750-b)(k)
(k)
Vehementer
enim
pertinet
ad
bella
administranda
,
quid
hos●es
,
quid
socii
,
de
Imperatoribus
existiment
.
Idem
.
conducing
to
the
management
of
War
,
what
opinion
the
Enemies
and
Allies
have
of
such
Generals
,
as
the
same
Orator
notes
:
and
the
like
may
be
said
of
Warlike
Kings
.
What
immortal
Glory
is
it
to
England
,
that
it
hath
had
King
Richard
the
First
,
Of
King
Richard
the
First
.
who
carried
his
victorious
Ensigns
to
the
Holy
Land
!
What
a
Memorial
of
his
Name
,
and
of
the
Prowess
of
his
People
hath
King
Edward
the
First
left
to
all
Posterity
,
by
the
advancing
his
conquering
Armes
into
the
very
High-Lands
of
Scotland
!
Of
King
Edward
the
Third
,
and
the
Black
Prince
.
What
renown
did
King
Edward
the
Third
,
and
the
Black
Prince
his
Son
win
in
France
,
when
they
not
only
won
so
great
Victories
,
but
brought
the
King
Prisoner
,
and
(
what
no
Nation
else
can
boast
of
)
had
at
the
same
time
the
King
of
Scotland
also
Prisoner
!
It
may
be
easily
conceived
that
these
two
valiant
Princes
,
and
the
Sons
of
that
great
King
,
spirited
the
whole
English
Nation
;
and
in
that
Age
the
Renown
of
it
equalled
,
what
now
the
French
ascribe
to
their
great
King
.
The
Annals
swell
with
the
Atchievements
of
Henry
the
Fifth
,
who
in
so
few
Years
,
Of
Henry
the
Fifth
.
upon
the
matter
,
subdued
all
France
.
So
that
his
Infant
Son
was
Crowned
King
at
Paris
.
It
is
not
to
be
expected
that
many
Ages
can
produce
such
Examples
;
but
every
Reader
of
History
may
observe
,
That
in
every
Age
some
one
or
two
Crowned
Heads
carry
the
Trophies
from
all
the
rest
,
fill
their
Countries
with
Triumphal
Arches
,
and
raise
pyramids
of
Glory
to
their
own
,
and
their
Countries
high
Renown
.
A
strange
Factiousness
in
the
Reigns
of
our
three
last
Kings
,
and
the
dreadful
Rebellion
,
Why
our
three
last
Kings
could
not
appear
so
Formidable
abroad
.
have
deprived
them
of
the
opportunity
of
showing
the
English
Prowess
on
the
publick
Theater
,
as
it
had
been
before
.
Yet
when
they
were
employed
,
they
showed
they
still
retained
the
old
English
Valour
;
and
now
that
God
hath
sent
us
a
King
who
hath
aided
both
the
French
and
Spanish
Armies
,
What
we
may
expect
under
King
James
the
Second
.
more
signally
Triumphed
at
Sea
over
the
Dutch
,
than
any
Admiral
did
before
or
since
:
Who
hath
a
Soul
and
Genius
inclined
to
Warlike
and
Heroic
Actions
,
and
hath
with
himself
resolved
,
and
publickly
to
his
two
Houses
declared
,
by
the
Assistance
and
Blessing
of
God
,
He
will
adventure
his
Person
as
far
as
any
Man
in
his
Dominions
for
the
Good
of
his
People
,
and
their
safety
;
and
endeavour
to
raise
the
renown
and
repute
of
England
as
high
as
any
of
his
Royal
Predecessors
.
I
cannot
see
(
if
God
prolong
his
Reign
)
why
we
should
not
hope
to
reap
all
the
advantages
either
England
or
any
other
Nation
have
enjoyed
under
their
most
Victorious
Princes
:
and
though
by
so
early
a
Rebellion
he
hath
been
necessitated
to
enter
the
Field
so
soon
,
to
suppress
his
ungrateful
Subjects
;
it
was
but
the
giving
him
occasion
to
whet
that
Sword
,
and
scour
his
Armour
,
which
had
long
been
unexposed
to
the
Sun
;
and
by
this
Specimen
of
his
Courage
,
Conduct
,
and
good
Fortune
,
and
his
Subjects
Valour
,
show
to
the
World
,
that
he
is
able
to
secure
his
People
from
any
Foreign
Hostile
Attacques
:
And
if
any
of
his
Neighbours
be
found
to
have
furnished
these
Rebels
with
Arms
and
Money
;
no
doubt
his
Loyal
Subjects
will
be
very
pressing
to
be
imployed
to
repay
their
kindness
:
Character
of
a
Martial
Prince
.
and
they
will
find
,
that
[
](A46988-e39100-b)(l)
(l)
Tanti
esse
exercitum
,
quanti
Imperatorem
.
Florus
,
l.
2.
c.
18.
according
to
the
Kings
Warlike
Spirit
,
so
will
his
Armies
be
;
it
being
true
of
himself
,
what
[
](A46988-e39120-b)(m)
(m)
Nullum
genus
belli
sit
in
quo
illum
non
exercuerit
fortuna
.
Cicero
pro
lege
Manil
.
Cicero
saith
of
another
,
That
there
hath
been
no
kind
of
War
in
which
Fortune
hath
not
exercised
him
;
so
that
his
Armies
may
be
secure
both
in
his
Discipline
and
Example
.
The
Qualifications
of
an
Emperor
(
as
[
](A46988-e39150-b)(n)
(n)
Labor
in
negotio
,
industria
〈◊〉
agendo
,
celeritas
〈◊〉
consiciendo
,
&c.
Ibid.
Cicero
describes
them
)
all
concurring
in
his
Royal
Person
,
(
viz.
)
Labour
in
Business
,
Fortitude
in
Danger
,
Industry
in
Action
,
and
Swiftness
in
Execution
,
joyned
with
great
Temperance
,
Faith
and
Humanity
;
to
which
I
may
adjoyn
that
of
Claudian
,
—
Ductorque
placebit
,
Qui
non
praecipiti
rapiet
simul
omnia
casu
;
Sed
qui
maturo
vel
laeta
,
vel
aspera
rerum
Consilio
momenta
regens
,
nec
tristibus
impar
,
Nec
pro
successu
tumidus
:
spaciumque
norandi
,
Vincendique
modum
,
mutatis
noscet
habenis
.
CHAP.
XV.
Of
the
Burthen
and
Care
of
Kings
in
Governing
.
THere
are
as
many
other
Vertues
requisite
in
a
good
King
,
as
there
are
in
a
good
Man
;
but
I
have
only
treated
of
those
that
are
the
Orientest
of
the
Crown
Jewels
.
I
shall
now
consider
two
great
advantages
,
that
accrue
to
People
by
Kingly
Government
:
The
first
is
the
Burthen
and
Care
that
Kings
undergo
in
the
Government
of
their
People
;
and
the
second
,
the
benefit
to
the
People
in
the
Hereditariness
of
Monarchy
:
and
then
pass
to
the
King's
Sovereignty
,
and
the
principal
Branches
of
it
.
[
](A46988-e39330-b)(a)
(a)
Nihil
aliud
est
Imperium
,
nisi
cura
salutis
alienae
.
Lib.
29.
Ammianus
tells
us
,
That
Empire
is
nothing
else
but
the
Care
of
the
safety
of
others
,
which
,
according
to
the
extent
of
their
Dominions
,
the
well
or
ill
Temperedness
of
their
Subjects
,
are
greater
or
less
,
as
will
be
obvious
to
all
that
will
consider
the
continual
Consultations
and
Directions
,
The
Benefit
of
Subjects
by
their
Prince's
Care
.
necessary
to
be
sedulously
undergone
and
issued
forth
,
the
Dispatches
,
Intelligences
and
regular
ordering
such
an
immense
Body
:
Which
made
the
great
[
](A46988-e39370-b)(b)
(b)
Omnium
otium
illius
labor
,
omnium
delicias
illius
industria
,
omnium
vacationem
illius
occupatio
.
Vt
remissam
aliquando
animam
●abe●it
,
nunquar●
solut●
〈◊〉
Senec.
Consol.
ad
Polyb.
Moralist
and
Courtier
experimentally
to
assert
,
That
the
Sovereigns
Watchfulness
makes
our
Sleep
secure
,
his
Labour
procures
our
Holy-days
,
his
Industry
our
Delight
,
his
continual
Employment
our
Vacation
;
and
that
he
may
enjoy
sometimes
a
Relaxation
,
but
never
a
Freedom
from
Cares
.
Which
indeed
can
be
no
otherwise
,
when
we
consider
what
he
else-where
[
](A46988-e39390-b)(c)
(c)
Vnius
curam
excubare
pro
sdute
singulorum
atque
universorum
.
saith
,
That
the
Care
of
this
one
Sovereign
watcheth
for
the
Health
of
the
whole
,
and
every
particular
.
So
that
the
immense
[
](A46988-e39400-b)(d)
(d)
Hae●
immensa
multitudo
,
unius
Anima
circundata
,
illius
spiritu
regitur
,
illius
ratione
flectitur
.
Id.
de
Clem.
c.
3.
Multitude
(
whether
we
take
it
for
Men
or
Business
)
is
encompassed
with
the
Soul
of
one
,
by
his
Spirit
is
governed
,
and
by
his
Reason
is
bowed
or
inclined
.
I
find
it
reported
of
Pericles
,
That
so
often
as
he
was
made
Commander
in
Chief
,
he
used
at
the
putting
on
the
Military
Cloak
,
to
excite
himself
to
the
consideration
of
the
Weight
of
his
Employment
,
by
observing
that
he
was
to
command
over
Freemen
,
[
](A46988-e39440-b)(e)
(e)
Plut.
in
Apop
.
Graecians
and
Athenians
;
upon
which
Reflection
he
was
induced
to
approve
himself
more
Diligent
,
Careful
and
Industrious
,
The
Weight
of
Government
.
having
the
Burthen
of
all
their
concerns
upon
him
.
So
a
great
and
learned
[
](A46988-e39490-b)(f)
(f)
Non
licet
do●mitabundum
esse
qui
clavo
asside●●emper
itaque
assidue
Principi
vigilandum
est
,
ne
quid
erret
,
quia
non
nisi
plurimorum
p●rnicie
delinquit
.
Lipsius
Epist
.
Author
tells
us
,
He
ought
not
to
sleep
who
sits
at
the
Helm
,
to
pilot
the
Ship
,
since
no
Sea
hath
so
great
Tempests
,
as
every
Kingdom
hath
.
Therefore
a
Prince
is
assiduously
and
constantly
to
watch
,
lest
he
err
;
because
he
cannot
do
so
,
but
it
is
with
Mischief
to
many
.
So
the
[
](A46988-e39520-b)(g)
(g)
Alia
ex
aliis
cura
fatigat
,
Vexatque
animos
nov●
tempestas
:
Non
sic
Libycis
Syrtibus
furit
alternos
volvere
fluctus
,
Non
curarum
somnos
domitor
p●ctora
solvit
.
Tragedian
,
not
unelegantly
according
to
his
wont
,
describes
the
Cares
of
Kings
thus
,
—
One
Care
adds
Fatigues
to
another
,
and
new
Tempests
unquiet
their
minds
;
so
that
the
successive
rolling
Waves
of
the
Sea
,
rage
not
so
on
the
Libyan
Shelves
or
Quicksands
,
nor
doth
sleep
,
the
Subduer
of
Cares
,
unload
their
Breasts
.
[
](A46988-e39560-b)(h)
(h)
Aelian
.
Variar.
Histor.
lib.
2.
Lampridius
in
vita
.
Who
not
fit
for
Government
.
Alexander
Severus
having
Information
,
That
Ovinius
Camillus
(
a
Senator
of
an
Antient
Family
,
but
withal
delicately
effeminate
)
intended
a
Rebellion
,
affecting
the
Government
;
sent
for
him
to
the
Palace
,
and
gave
him
thanks
,
that
he
,
when
other
good
Men
refused
,
did
spontaneously
offer
himself
to
take
care
of
the
Republick
;
carried
him
to
the
Senate
,
and
called
him
his
Companion
in
the
Empire
;
took
him
home
,
and
made
him
wear
the
Imperial
Robes
;
took
him
to
walk
with
him
a
five
Miles
march
,
allowing
him
,
when
tired
,
an
Horse
;
and
when
he
was
wearied
of
riding
(
being
one
not
used
to
bodily
Labour
)
he
ordered
him
a
Chariot
,
and
by
other
ways
,
letting
him
understand
,
that
the
weight
of
Government
was
not
to
be
sustained
by
such
Shoulders
as
his
,
so
wearied
and
discouraged
him
,
that
he
desired
to
be
freed
from
the
toylsomeness
of
it
:
and
when
he
understood
the
Emperors
drift
,
and
expected
his
severity
,
he
only
recommended
him
to
those
Soldiers
that
were
forward
to
elect
him
,
and
sent
him
to
his
Village
.
If
therefore
such
little
Tryals
discouraged
Camillus
,
what
must
we
think
it
will
do
any
Prince
that
hath
untractable
Subjects
,
who
force
him
to
make
Essays
of
various
Methods
to
reclaim
them
,
and
of
a
constant
standing
upon
his
Guard
to
secure
himself
and
the
Government
?
Such
are
they
who
make
many
Princes
Reigns
Calamitous
,
that
might
have
been
calm
and
peaceable
.
Kingdoms
,
saith
my
Lord
St.
Albans
,
represent
our
Bodies
,
Many
Particulars
wherein
the
Burthen
of
Government
is
discovered
.
have
their
times
of
Health
and
Sickness
,
Seasons
of
Prosperity
and
Adversity
,
flourish
with
Wealth
,
and
languish
in
Poverty
and
Want
,
suffer
Distempers
,
Alterations
and
Changes
.
If
therefore
the
Care
and
Concern
of
the
Physician
be
great
,
that
hath
the
Health
of
many
Patients
under
his
Cure
:
How
much
more
must
this
great
Aesculapius's
be
,
who
hath
the
superintending
of
infinite
Numbers
of
Subjects
of
all
Degrees
,
to
preserve
them
in
their
perfect
State
of
Felicity
and
Happiness
,
to
watch
over
the
growth
of
depraved
Humors
,
and
hinder
their
Ferments
from
boyling
into
the
Fevers
and
Calentures
of
Rebellion
,
to
remove
all
the
Obstructions
that
may
hinder
the
equal
distribution
of
Nourishment
in
Trade
,
Commerce
,
and
the
free
Energy
and
Force
of
the
Laws
;
so
to
order
the
infinite
Varieties
of
Tempers
and
Dispositions
,
that
the
very
lucta
and
jarring
of
them
,
may
produce
an
Harmony
in
the
whole
.
Besides
these
,
there
is
a
Necessity
to
cherish
the
Vertuous
and
the
Brave
,
to
discountenance
the
Vitious
and
Debauched
,
and
keep
them
from
infecting
others
;
and
finally
so
to
manage
all
things
,
as
not
only
the
present
Age
,
but
remote
Posterity
,
may
find
the
happy
Effects
of
his
Reign
.
This
is
to
undergo
the
nobilem
Servitutem
,
as
Antigonus
told
his
Son
,
Kingship
was
.
Governours
to
be
endowed
with
various
Qualifications
.
Therefore
Philo
observes
,
That
as
the
Pilot
must
change
his
Sails
and
Rudder
;
and
as
the
Physician
useth
not
one
kind
of
Remedy
for
all
Diseases
,
but
observing
the
Encrease
or
Remisness
of
Symptoms
,
the
plenty
or
want
of
Humors
,
and
according
to
the
changes
of
Causes
,
tries
various
Experiments
:
So
a
Supreme
Governour
ought
to
be
multiform
,
or
endowed
with
variety
of
Qualifications
;
to
act
one
way
in
times
of
Peace
,
and
another
in
War
:
being
opposed
by
few
,
to
act
resolutely
and
couragiously
;
if
by
many
,
to
add
to
these
Authoritative
Suasives
;
in
publick
Dangers
to
act
himself
,
and
to
commit
those
Ministeries
to
others
which
require
Labour
more
than
Conduct
:
In
his
Councils
to
be
a
Judge
,
in
his
Exchequer
an
Accountant
,
in
his
Armies
a
General
,
in
his
Navies
Admiral
;
in
his
whole
Dominions
the
prime
Gentleman
,
Patriot
,
and
Peer
,
in
Vertue
as
well
as
Place
.
Besides
all
these
foregoing
Considerations
,
though
a
Prince
by
his
own
Justice
,
Prudence
and
other
Regal
Vertues
,
and
the
well
disposedness
of
his
People
may
keep
his
own
Domimions
in
Peace
:
and
though
there
were
no
Whirlwinds
,
Earthquakes
or
Trepidations
of
Faction
and
Sedition
in
his
own
Kingdom
;
yet
a
King's
Care
is
no
less
in
making
diligent
Observations
upon
the
Designs
and
Actions
of
all
his
Neighbour-Princes
and
States
;
to
shelter
his
own
Subjects
from
Tempests
and
Hurricanes
from
abroad
,
to
divert
Storms
,
A
Prince's
Care
in
preserving
his
People
at
home
and
abroad
.
to
mingle
Interests
,
or
divide
,
as
shall
be
most
for
the
advantage
of
his
Subjects
;
to
assist
his
Allies
,
to
countermine
the
Clandestine
Designs
of
his
Enemies
abroad
.
These
require
an
Atlas
to
support
this
immense
Structure
of
Government
:
The
Imployment
of
many
under
a
Prince
.
These
require
many
Hands
of
the
roughest
,
delicatest
and
strongest
;
many
Feet
of
the
swiftest
and
steadiest
;
many
strong
Shoulders
and
brawny
Arms
;
many
severe
commanding
or
charming
Eyes
;
many
wise
,
subtle
and
toyling
Brains
;
infinite
Varieties
of
Tempers
and
Dispositions
,
which
must
be
directed
,
ordered
and
imployed
by
that
presiding
Soul
,
that
every
where
,
in
every
part
,
and
in
all
seasons
,
must
give
Life
and
Energy
to
all
its
Members
,
Faculties
and
Imployments
.
Furthermore
,
A
Prince
much
concerned
fo●
his
Fame
.
the
Actions
of
Princes
after
their
deaths
,
will
be
judged
[
](A46988-e39790-b)(i)
(i)
Suum
cuique
decus
pos●●●
it
is
rependit
.
Tacit.
4.
Annal.
without
Flattery
and
Varnish
.
As
after
Death
and
Corruption
of
parts
,
the
Vertues
of
Kings
perfume
their
Graves
,
ennoble
,
and
by
Examples
,
refine
Posterity
,
and
leave
a
taste
of
immortality
behind
,
out-living
their
Marble
.
So
if
they
rule
ill
,
they
cannot
think
by
their
[
](A46988-e39810-b)(k)
(k)
Praesenti
potentia
extingui
posse
sequertis
avi
m●moriam
.
Id.
present
Power
,
to
extinguish
the
memory
of
the
next
Age
,
saith
the
judicious
Historian
.
Therefore
Lipsius
saith
,
[
](A46988-e39840-b)‖
‖
Post
fata
nullus
est
locus
,
nullum
tempus
quo
funestorum
Principum
manes
a
posteris
exe●rationibus
conquiescent
.
After
their
Deaths
,
there
is
no
place
then
,
or
time
,
wherein
the
Ghosts
of
detested
Princes
will
be
free
from
Execration
.
Since
therefore
Kings
are
like
heavenly
bodies
,
cause
good
or
evil
times
,
have
much
Veneration
,
but
no
rest
;
since
their
Examples
are
constantly
imitated
;
so
that
,
as
[
](A46988-e39860-b)*
*
A●
virtutem
ille
praeit
?
sequimur
:
a●
vitia
?
inclinamus
:
bene
beateque
agit
?
slorem●s
:
improspere
?
labimur
aut
ruimus
cum
illo
.
Epist.
ad
Polit.
Flexibiles
in
quamcunque
partem
du●imur
a
Principe
&
sequaces
.
Panegyr
.
Lipsius
saith
,
If
a
Prince
lead
to
Vertue
,
we
follow
;
if
to
Vice
,
we
easily
bend
to
it
;
if
he
live
happily
,
we
flourish
;
if
unfortunately
,
we
fall
into
the
praecipice
with
him
:
Or
that
of
Pliny
be
true
,
That
Subjects
are
mostly
plyant
,
and
easily
handed
into
whatsoever
way
the
Prince
leads
;
it
necessarily
follows
,
That
this
Consideration
must
bring
a
great
Addition
to
their
Cares
.
For
such
elevated
Souls
must
needs
undergo
great
Anxiety
,
how
to
comport
themselves
so
,
as
being
conspicuous
in
Vertue
and
Conduct
,
they
may
be
secure
of
good
Report
.
For
as
[
](A46988-e39910-b)(l)
(l)
Omnia
facta
dictaque
Principis
rumor
excipit
,
nec
magis
ei
quam
Soli
latere
contigit
.
1.
de
Clem.
Seneca
saith
,
Fame
wafts
abroad
all
the
Deeds
and
Works
of
Princes
,
that
they
cannot
more
lay
hid
than
the
Sun
.
Hence
Possibly
we
may
conclude
the
Reason
of
that
Inscription
on
Constantine's
and
others
Coyn
,
Soli
invicto
Comiti
:
For
as
the
Sun
,
not
only
by
his
Light
and
enlivening
Heat
,
brings
that
unspeakable
benefit
to
the
whole
Earth
and
living
Creatures
,
as
a
King
is
to
do
to
his
Subjects
;
so
by
its
Diurnal
Motion
,
we
discover
it
never
to
be
at
rest
.
Therefore
it
must
be
a
great
Care
in
a
Prince
(
that
is
placed
in
his
Kingdom
,
as
the
Sun
in
our
Vortex
,
whereby
his
Actions
can
never
be
long
hid
)
that
he
act
nothing
that
[
](A46988-e39970-b)(m)
(m)
Cordati
&
magni
Principis
est
nihil
committere
quod
ipsius
dignitati
aut
famae
detrahit
.
may
detract
from
his
Fame
,
and
the
Dignity
of
his
Place
.
All
the
Actions
of
Sovereigns
,
being
not
only
Examples
but
Precepts
;
there
being
no
such
Incentments
to
Vertue
or
Vice
,
as
their
Practices
.
Besides
,
A
Prince
to
be
Exemplary
in
Vertue
.
what
I
have
hitherto
delivered
on
this
Head
,
there
lies
still
an
heavier
Burthen
upon
a
Prince
,
That
for
his
Subjects
sake
,
he
be
not
only
vertuous
himself
,
but
by
all
his
Industry
,
endeavour
to
take
care
that
they
be
so
likewise
.
I
know
this
is
much
facilitated
by
his
own
Example
:
For
as
[
](A46988-e40000-b)(n)
(n)
Vita
〈…〉
ad
〈…〉
,
ad
〈…〉
perio
nobis
〈…〉
quam
exemplo
.
Pane●●●
.
Pliny
saith
,
The
Life
of
the
Prince
is
a
standing
Law
of
manners
,
to
it
we
direct
our
course
,
are
all
Heliotropes
turning
to
it
.
For
Subjects
need
not
so
much
command
as
Example
:
yet
we
find
,
that
when
some
in
the
Senate
moved
[
](A46988-e40040-b)(o)
(o)
〈…〉
suasurus
〈…〉
quibus
〈…〉
essemus
.
Lib
3.
Annal.
Tiberius
,
that
he
would
restrain
the
Roman
Luxury
;
he
writes
to
them
,
That
he
knows
not
whether
he
should
perswade
them
to
pass
by
the
strong
and
overgrown
Vices
,
rather
than
to
discover
how
unable
they
were
to
suppress
them
;
and
so
tells
them
that
he
would
not
have
the
matter
of
envy
to
fall
upon
him
,
but
refers
it
to
the
proper
Officers
:
There
being
[
](A46988-e40080-b)(p)
(p)
Majus
aliqued
&
excelsius
a
〈…〉
.
Ibid.
something
greater
and
more
sublime
,
required
of
a
Prince
,
(
viz.
the
guarding
of
Italy
,
the
Sea
and
Provinces
.
By
this
we
may
see
how
arduous
a
task
it
is
to
root
out
vicious
Customs
and
Habits
,
which
by
a
short
Intermission
of
Executing
the
Laws
severely
,
will
soon
be
so
overgrown
,
A
Prince
to
〈◊〉
care
that
hi●
Subjects
be
Vertuous
.
that
it
will
be
much
Labour
to
dig
up
their
Roots
,
and
requires
a
long
and
frequent
weeding
,
'till
all
the
Young
Plants
,
the
Evil
Plentiful
Seed
hath
produced
,
be
cleansed
out
of
the
Ground
.
This
Tiberius
,
that
declined
this
task
,
was
at
that
time
in
such
esteem
,
that
some
Provinces
(
as
particularly
the
further
Spain
)
would
have
built
Temples
to
him
;
and
he
denying
that
,
yet
could
tell
the
Senate
,
That
it
was
[
](A46988-e40170-b)(q)
(q)
Majoribus
meis
dignum
,
rerumque
vestrarum
providum
,
const
ant●●●
in
periculis
,
offensionur●
pro
utilitate
publica
non
pavidum
credant
.
Tacit
.
Annal.
lib.
4.
enough
to
him
that
he
possessed
the
Supreme
place
,
and
desired
them
to
witness
,
and
Posterity
to
remember
,
That
they
believed
he
was
worthy
of
his
Ancestors
,
was
provident
of
their
Affairs
,
constant
in
Danger
,
not
fearful
to
give
Offence
to
any
,
for
the
profit
of
the
Commonwealth
.
These
things
,
to
him
,
should
be
Temples
and
the
beautifulest
Statues
.
In
this
we
find
a
short
Description
of
the
Burthen
of
a
Prince
,
and
a
shorter
but
comprehensive
one
in
[
](A46988-e40190-b)(r)
(r)
Maximo
Imperio
maximam
esse
cur
〈◊〉
.
Ad
Caesarem
.
Sallust
,
That
the
greatest
Empires
have
the
greatest
Cares
.
[
](A46988-e40230-b)(s)
(s)
Sed
〈◊〉
adstricti
moris
A●ctor
fuit
antiquo
ipse
cultu
victuque
;
〈◊〉
inde
in
〈◊〉
&
aemulandi
amor
validior
quam
poena
ex
legibus
.
&
met●●
.
3.
Annal.
Tacitus
tells
us
of
Vespasian
.
That
he
was
Author
of
a
stricter
manner
of
living
than
formerly
,
using
the
Ancient
Frugal
Dyet
,
and
plainer
Cloths
;
which
had
that
effect
,
that
the
study
to
imitate
the
Prince
,
was
more
efficacious
,
than
the
Fear
and
Punishment
of
the
Laws
.
If
then
,
to
be
conspicuous
in
all
sorts
of
Vertue
,
and
the
Actions
[
](A46988-e40280-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
5.
Polit.
c.
10.
that
flow
from
them
,
and
the
whole
,
higher
and
lower
class
of
them
,
in
the
most
Comprehensive
Qualifications
,
be
no
small
Labour
,
and
require
no
small
sedulous
Care
to
effect
in
ones
self
;
how
much
more
must
it
be
,
to
make
so
many
Millions
more
Vertuous
by
Example
,
Precept
,
strict
Vigilance
and
Punishments
?
Every
one
that
attentively
reflects
on
this
,
must
needs
own
it
an
Herculean
Labour
,
and
such
as
exceeds
almost
the
Apprehension
of
the
Subjects
.
Since
then
,
we
are
happy
in
such
a
King
as
hath
laid
this
as
a
Corner
Stone
upon
which
his
Throne
is
built
,
King
James
the
Second's
discouraging
Vice
.
by
his
own
Example
,
to
discountenance
all
Vice
;
and
since
so
great
and
weighty
a
Burthen
of
the
well-ordering
and
governing
so
great
a
People
lies
with
great
pressure
upon
him
,
(
for
our
ease
and
tranquillity
)
let
us
not
be
so
impolitick
,
unworthy
,
or
ingrateful
by
Seditions
,
Factions
,
or
Rebellions
to
cause
him
to
undergo
more
disquiets
.
For
the
result
will
be
,
Our
own
Miseries
and
Calamities
will
sit
close
behind
us
,
when
we
set
our
Faces
against
such
a
Prince
,
worthy
of
the
most
Imperial
of
Diadems
.
CHAP.
XVI
.
Of
the
King's
Authority
and
Soveraignty
.
AN
awful
Reverence
,
The
Sublimeness
of
The
Subject
.
Qualm
,
and
Trembling
,
must
necessarily
surprise
every
one
that
considerately
raiseth
his
Thoughts
to
contemplate
so
sublime
a
Subject
as
the
Soveraignty
of
Princes
;
least
what
he
delivers
should
appear
too
dis-spirited
,
and
below
the
dignity
of
the
Theam
;
or
he
should
be
guilty
of
such
Indiscretion
,
as
to
think
he
could
enrich
the
Crown
and
Scepter
with
Lacker
of
his
own
Composure
.
[
](A46988-e40410-b)(a)
(a)
Magnum
propiusque
noscendum
id
eruditissimo
viro
visum
.
Lib.
6.
Epist.
16.
Jam
navibus
cinis
inciderat
,
quo
prepius
accederet
,
calidior
&
densior
.
Jam
pumices
nigrique
&
ambusti
,
fracti
igne
lapides
.
Ib.
Pliny
the
younger
tells
us
,
that
the
great
Naturalist
,
his
Uncle
,
was
so
desirous
to
discover
the
true
causes
of
the
burning
of
Vesuvius
,
what
materials
they
were
that
afforded
Fuel
to
so
lasting
a
Fire
,
and
by
what
imprisoned
Spirits
,
so
violent
eruptions
of
Flame
and
Cinders
,
were
at
times
belched
out
of
the
Caverns
of
that
Mountain
(
though
less
stupendious
than
Aetna
,
Hecla
,
or
other
Vulcano's
)
that
his
curiosity
led
him
to
climb
so
near
the
Eruptions
of
those
Flames
,
that
Posterity
lost
the
Benefit
of
his
Observations
,
by
his
untimely
Death
in
the
approaches
he
made
.
We
daily
see
the
Pyralis
not
only
singe
her
Wings
,
but
often
lose
her
Life
by
her
rash
approaches
to
the
Flame
.
It
behoves
me
therefore
,
with
all
the
Circumspection
I
can
,
to
endeavour
to
keep
my self
from
such
a
Fate
,
as
Temerity
,
too
prying
or
daring
an
Attempt
,
may
bring
upon
me
on
the
one
hand
;
or
that
I
fall
not
into
as
unpitied
a
Destiny
of
being
contemned
and
despised
for
too
gross
and
palpable
Flattery
,
in
equalling
the
Throne
of
Kings
with
that
of
the
Deity
.
The
Flattery
of
some
,
especially
of
Valerius
Maxim●●
.
A
bold
stroke
of
this
kind
of
Sycophantry
we
find
in
[
](A46988-e40540-b)(b)
(b)
Penes
quem
hominum
deorumque
consensus
,
maris
ac
terrae
Regimen
esse
voluit
:
cujus
coeles●i
providentia
virtutes
de
quibus
dicturus
sum
benignissime
foventur
,
vitia
severissime
vindicantur
.
Prologo
.
Valerius
Maximus
his
Epistle
Dedicatory
to
Tiberius
;
wherein
he
tells
him
that
he
invokes
him
as
Patron
of
his
Work
,
to
whom
,
by
the
consent
of
Men
and
Gods
,
the
Government
of
Sea
and
Land
was
given
;
by
whose
Heavenly
Providence
,
the
Vertues
he
was
to
treat
of
were
most
benignly
cherished
,
and
the
Vices
severely
Chastized
:
and
in
the
same
stile
(
though
otherwise
reputed
a
grave
Author
)
he
goes
on
,
ascribing
a
Divinity
to
his
Person
;
telling
him
,
that
if
from
Jove
the
antient
Orators
begun
their
Speeches
,
and
the
Poets
invoked
some
Deity
,
He
more
[
](A46988-e40590-b)(c)
(c)
Mea
parvitas
eo
justius
ad
favorem
tuum
decur●it
,
quod
catera
divia●●
〈◊〉
opiaione
c●lligitur
tu●
,
prasenti
side
,
paterno
avitoque
〈◊〉
par
videtur
.
Idem
.
justly
courted
his
Favour
;
other
Divinities
being
founded
upon
Mens
Opinions
,
but
that
of
Tiberius's
,
by
the
Testimony
of
the
present
Age
,
was
equal
to
the
Deities
of
Julius
or
Augustus
.
Yet
this
Tiberius
was
not
only
a
wicked
Prince
,
but
one
that
rejected
such
Deifyings
,
as
we
find
in
Tacitus
,
that
the
farther
Spain
having
sent
Embassadors
to
the
Senate
,
that
according
to
the
Example
of
Asia
,
they
might
erect
a
Temple
to
Tiberius
and
his
Mother
;
upon
which
occasion
,
(
saith
my
[
](A46988-e40690-b)(d)
(d)
Valid●s
alioqui
〈◊〉
●onoribus
,
&
re
pond●●dum
ratus
iis
qu●rum
rumore
〈…〉
.
4.
Annal.
〈◊〉
●enies
Temples
to
be
built
to
his
Honour
.
Author
)
being
resolved
to
slight
the
Honour
,
and
to
stifle
the
Rumour
,
that
he
inclined
to
Ambition
,
he
tells
the
Senate
,
That
he
had
not
appeared
averse
to
the
desires
of
those
of
Asia
,
because
Augustus
had
not
prohibited
a
Temple
to
be
built
to
him
and
Rome
,
at
Pergamus
;
and
he
was
resolved
to
observe
all
his
deeds
and
resolutions
as
a
Law
,
and
had
yielded
to
the
Erecting
that
Temple
,
the
rather
,
because
to
the
Worship
of
himself
,
the
Veneration
[
](A46988-e40760-b)(e)
(e)
Quia
●ultui
meo
veneratio
Senatus
adj●ngebatur
.
of
the
Senate
was
joined
.
But
as
it
was
pardonable
once
to
have
received
that
honour
.
so
to
be
made
sacred
with
the
Image
of
the
Deity
through
all
the
[
](A46988-e40770-b)(f)
(f)
Caeterum
ut
seme●
recepiss●
veniam
habuerit
;
Ita
per
omnes
Provinci
is
effigie
numinum
sa●●ari
,
ambitiosum
&
superbum
;
&
van●scet
Augusti
honor
si
promiscuis
〈…〉
vulgatur
.
Idem
.
Provinces
,
was
to
be
Ambitious
and
Proud
,
and
the
Honour
of
Augustus
would
be
lessened
,
if
it
were
made
common
by
promiscuous
Adulations
.
Therefore
he
tells
the
Senate
that
he
knew
himself
to
be
a
mortal
Man
,
and
to
exercise
the
offices
of
Men
,
and
it
was
enough
to
him
,
if
he
filled
the
prime
place
,
was
worthy
of
his
Ancestors
,
&c.
(
as
I
have
touched
before
.
)
[
](A46988-e40810-b)(g)
(g)
Haemihi
in
〈…〉
,
pro
sepu●●●ris
●pernuntur
.
Idem
.
Vain-glorious
Princes
.
These
in
their
Minds
,
should
to
him
be
Temples
,
and
the
most
beautiful
Images
,
which
should
be
durable
;
for
those
which
are
built
of
Stone
,
if
the
judgment
of
Posterity
be
turned
to
Hatred
,
are
despised
as
their
Sepulchers
.
Yet
however
this
subtile
Emperor
managed
this
affair
,
Vain-glorious
Princes
.
it
must
be
acknowledged
,
that
some
Princes
have
been
so
Vain-glorious
,
as
to
deem
themselves
above
the
condition
of
Mortals
;
as
we
have
Instances
in
Amulius
[
](A46988-e40860-b)(h)
(h)
Zo●aras
Annal.
Tom.
2.
fol.
54.
King
of
the
Latines
,
and
after
him
in
[
](A46988-e40880-b)(i)
(i)
Plutare
.
in
Vita
.
Heliogabalus
,
who
endeavoured
to
appear
such
by
imitating
Lightning
.
So
it
is
recorded
of
[
](A46988-e40900-b)(k)
(k)
Se
quidem
Jovis
silium
di●i
,
sed
corporis
agri
vitia
sentire
.
Curtius
lib.
4.
Alexander
,
that
he
desired
to
be
reputed
the
Son
of
Jupiter
Ammon
;
and
when
he
was
wounded
at
the
assault
of
Mazaga
,
he
said
,
though
he
was
said
to
be
Jupiter's
Son
,
yet
he
felt
the
smart
,
though
his
Flatterers
told
him
it
was
not
Blood
was
spilt
,
but
a
more
generous
Ichor
of
the
Gods
that
run
in
his
Veins
.
So
[
](A46988-e40960-b)(l)
(l)
Coelius
Rhodig
.
lib.
3.
c.
5.
Psaphon
the
Libyan
,
taught
the
Birds
to
stile
him
a
great
God
.
So
[
](A46988-e41010-b)(m)
(m)
Pezell
.
Mellif
.
Tom.
1.
p.
228.
Lysander
had
Altars
built
to
him
,
and
Sacrifices
appointed
in
Honour
of
him
,
and
had
his
Brass
Statue
erected
at
Delphos
.
Julius
[
](A46988-e41060-b)(n)
(n)
Suetonius
,
cap.
22.
Caesar
likewise
suffered
such
Honours
to
be
decreed
to
him
,
as
were
the
Badges
and
peculiar
Ensigns
of
a
Divinity
,
as
Temples
and
Altars
,
a
Priest
and
Couch
.
Of
Augustus
and
Tiberius
I
have
touched
before
.
Caligula
proceeded
something
higher
,
for
he
took
off
the
Heads
of
the
Statues
of
Jupiter
Olympius
,
and
other
of
their
reputed
Deities
,
and
placed
the
figure
of
his
own
Head
upon
them
,
and
had
his
Temples
,
Priests
and
Sacrifices
,
and
was
desirous
to
be
worshipped
as
a
Deity
.
The
like
Examples
might
be
produced
of
Domitian
,
Dioclesian
and
others
.
It
is
to
be
owned
,
That
the
longer
space
of
time
is
measured
,
since
these
kind
of
adorations
were
affected
by
these
Heathen
Emperors
,
How
Princes
may
admit
Honours
.
the
less
of
esteem
and
value
they
obtain
;
yet
it
is
worth
observing
likewise
,
what
the
most
judicious
[
](A46988-e41150-b)(o)
(o)
Optima
quippe
mortalium
alti●ma
cupere
:
sic
Herculem
&
Liberum
apud
Gracos
;
Quirinum
apud
nos
deum
numero
additos
—
unum
insatiabiliter
parandum
,
prosperam
sui
memoriam
:
nam
contemptu
Famae
contemni
Virtutes
.
Ibid.
Historian
notes
,
upon
the
fore-cited
occasion
,
That
some
ascribed
the
refusing
of
these
Divine
Honours
to
Tiberius's
modesty
;
others
,
to
the
distrust
he
might
have
of
the
Senates
relishing
it
well
;
others
interpreted
it
a
Token
of
a
low
degenerate
Spirit
:
for
,
as
he
observes
,
The
best
of
all
Mortals
have
coveted
the
highest
Honors
;
so
Hercules
and
Bacchus
,
among
the
Greeks
,
and
among
the
Romans
,
Quirinus
were
added
to
the
Number
of
the
Gods
!
Therefore
he
commends
Augustus
,
that
hoped
for
such
Honours
,
and
to
such
Princes
all
things
else
are
added
.
For
that
which
he
calls
a
prosperous
Memory
,
he
saith
is
principally
to
be
obtained
;
and
concludes
,
That
Fame
being
contemned
,
so
likewise
are
Vertues
.
Although
therefore
the
Vanity
of
such
Emperors
,
as
required
this
Superfetation
of
Honour
,
Honour
due
to
Sovereign
Princes
.
be
justly
censured
;
yet
when
we
abstractedly
consider
the
Soveraignty
of
Princes
,
from
their
Personal
lessening
of
their
esteem
,
by
unkingly
Vices
;
we
must
needs
pay
the
greatest
deference
to
it
,
as
that
which
is
a
lively
Shadow
of
that
Divinity
,
by
which
Kings
Reign
.
So
[
](A46988-e41260-b)(p)
(p)
Majestas
Imperii
salutis
est
tutela
.
Curtius
tells
us
,
That
the
Sovereignty
is
the
Defence
of
that
Salus
Populi
;
which
is
the
very
Ground-Work-stone
of
Government
:
And
Seneca
truly
observes
,
That
once
[
](A46988-e41300-b)(q)
(q)
Tolle
Majestatem
.
omnisque
〈◊〉
Imperii
contextus
in
multas
partes
diss●●iet
.
1.
de
Clem.
remove
Majesty
,
that
is
,
Soveraignty
)
and
the
whole
Contexture
of
Government
flies
into
Splinters
,
or
is
disjoynted
.
For
without
a
Soveraignty
(
beyond
which
is
no
Appeal
)
be
lodged
somewhere
,
no
People
can
be
governed
:
That
[
](A46988-e41320-b)(r)
(r)
Tot
mortalium
millibus
una
anima
praesideat
.
Ille
enim
vinculum
per
quod
Respublica
cobaeret
;
Ille
spiritus
vitalis
quem
haec
tot
millia
trahunt
;
nihil
ipfa
per
se
futura
nisi
onus
&
praeda
,
si
mens
illa
Imperii
subtrabatur
.
De
Clem.
lib.
1.
c.
3.
being
that
Soul
,
that
Life
which
enlivens
,
directs
and
orders
all
the
Subjects
in
their
several
Capacities
;
more
sensibly
than
the
Philosophers
Aether
,
or
Anima
Mundi
,
doth
the
Macrocosm
or
Sublunary
World
.
Therefore
Seneca
saith
of
the
Soveraign
,
That
he
is
the
Bond
which
holds
fast
the
State
together
;
he
is
that
vital
Breath
which
so
many
Thousands
draw
in
,
which
otherwise
,
as
a
liveless
and
unwieldy
Load
,
would
prove
a
Booty
,
if
that
Soul
of
the
Empire
were
taken
away
.
Of
this
Sovereignty
of
Princes
it
is
,
that
[
](A46988-e41390-b)(s)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
phant
.
apud
Stobaeum
,
Serm.
46.
Kings
called
Gods
,
as
deriving
Authority
from
God
,
or
his
Vicegerents
.
Ecphantas
the
Pythagorean
saith
,
It
is
the
Priviledge
first
of
God
,
and
then
of
the
King
,
under
him
,
not
to
be
ruled
by
any
:
and
it
may
be
rationally
conceived
,
that
it
was
from
this
sence
of
absolute
Sovereignty
,
flowing
from
the
Divine
Being
that
disposeth
of
the
great
and
weighty
Affair
of
Government
;
That
Sovereigns
are
both
●n
Scripture
,
and
by
Heathen
and
Christian
Writers
,
called
Gods
:
The
import
of
which
Name
being
a
Denomination
of
a
Being
,
Sovereign
over
other
subjected
Beings
.
In
the
Chapter
of
Monarchy
I
have
recited
some
of
the
expressions
in
Scripture
;
and
for
Heathen
Writers
,
one
can
scarce
read
any
Historian
,
where
their
Emperors
are
not
called
Dii
or
Divi
;
[
](A46988-e41460-b)(t)
(t)
Contzen
de
Rep.
lib.
7.
c.
4.
and
in
Justinian
,
Divus
Imperator
is
generally
used
for
Emperor
.
So
the
Majestic
Pavillions
,
or
Cloath
of
Estate
,
under
which
the
Emperors
usually
sate
,
were
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
little
Heavens
,
for
such
Gods
to
sit
under
:
and
tho'
some
[
](A46988-e41520-b)(u)
(u)
Sueton.
in
Domit.
c.
13.
affected
these
too
much
,
or
had
them
given
them
by
their
Flatterers
(
as
in
Martial
of
Domitian
,
—
Edictum
Domini
Deique
nostri
;
and
the
Persian
Monarchs
,
more
than
any
,
affected
such
Titles
,
as
[
](A46988-e41580-b)(w)
(w)
A●●mian
.
Marcel
.
Hist.
17.
Rex
Regum
Sapor
,
particeps
Syderum
,
Frater
Solis
&
Lunae
;
Sapor
King
of
Kings
,
partaker
of
the
Stars
,
or
one
endowed
with
the
Heavenly
Nature
of
the
Stars
,
Brother
of
the
Sun
and
Moon
;
)
yet
if
we
take
these
Expressions
in
the
sence
of
the
Emperor
Cantacuzen
,
it
may
be
allowed
:
For
he
saith
,
[
](A46988-e41620-b)(x)
(x)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Apol.
6.
adv.
Mah●met
.
That
absolutely
the
Name
of
Lord
,
and
so
of
God
,
is
only
due
to
God
Almighty
,
and
that
man
hath
it
,
with
some
Addition
of
Person
or
Place
.
And
we
may
consider
,
that
as
the
Supremacy
of
Princes
and
their
Governments
is
delegate
from
the
highest
(
their
Judgment
being
also
called
his
)
so
in
a
general
Name
they
are
titled
Gods
,
even
by
God
himself
,
[
](A46988-e41650-b)(y)
(y)
Sthenid
.
Pythag●apad
Stobaeum
.
Ser.
46.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
because
here
on
Earth
,
they
should
,
for
their
Power
,
be
his
Imitators
;
and
we
find
the
Apostle
Rom.
13.
calls
Supreme
Governours
,
Potestates
supereminentes
.
In
the
Codes
we
frequently
read
(
long
after
Christianity
was
received
)
nostra
Divinitas
,
nostra
Perennitas
,
nostra
Aeternitas
,
Divinae
Vocis
Oraculum
:
Yet
we
find
the
Christian
Fathers
refusing
to
give
the
Title
of
God
to
the
Heathen
Emperors
.
So
[
](A46988-e41730-b)(z)
(z)
Hist.
Eccles.
lib.
6.
in
Pr●●●m
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Socrates
saith
,
He
doubts
he
shall
be
reprehended
of
some
,
because
he
did
not
stile
the
Emperors
most
Divine
,
and
Lords
,
and
by
other
Titles
,
which
the
use
of
times
had
allowed
:
And
[
](A46988-e41760-b)(a)
(a)
〈…〉
imperatorem
qui
d●um
dici●
;
nisi
homo
sit
,
non
est
Imperator
.
Apol.
c.
33.
Tertullian
saith
,
That
he
cannot
call
the
Emperor
God
,
either
because
he
cannot
lie
,
or
dare
not
mock
him
;
or
because
he
will
not
be
so
stiled
,
who
is
a
Man
:
For
he
denies
him
(
saith
he
)
to
be
Emperor
,
who
calls
him
a
God
;
for
unless
he
be
a
Man
,
he
is
no
Emperor
.
This
stile
of
God
,
the
Samaritans
gave
to
Antiochus
[
](A46988-e41820-b)(b)
(b)
Joseph
.
Archaeol
.
12.
c.
7.
Epiphanes
,
stiling
him
in
their
Epistles
,
God
,
who
had
,
to
his
utmost
,
defiled
the
Temple
of
the
true
God
:
So
the
Jews
in
their
[
](A46988-e41860-b)(c)
(c)
Act.
Apost.
12.
v.
22.
Acclamations
,
stiled
Herod
Agrippa
,
no
longer
Man
but
a
Deity
;
and
[
](A46988-e41900-b)(d)
(d)
Cato
in
Orig.
apud
Macrob.
Mezentius
,
commanding
his
Subjects
to
offer
unto
him
all
such
Sacrifices
as
they
had
Destinated
to
the
Gods
,
professing
withal
,
that
no
Deity
was
above
himself
;
justly
deserved
the
Title
of
contemptor
Divûm
.
The
obsequious
Impiety
in
the
Elder
times
(
saith
[
](A46988-e41940-b)(*)
(*)
Titles
of
Honour
,
part
1.
c.
4.
Mr.
Selden
)
of
attributing
the
Name
of
God
to
the
Emperors
,
was
the
Cause
,
it
seems
,
that
,
as
well
in
the
Christian
as
Heathenish
Times
and
States
,
Swearing
by
the
Prince
.
the
Subjects
of
the
Empire
continued
that
ill
Custom
of
swearing
by
their
Princes
:
So
in
Antoninus's
and
Commodus's
time
,
it
was
usual
to
swear
per
Genium
Principis
,
&
per
Principis
Venerationem
,
as
it
is
in
a
Rescript
of
[
](A46988-e42000-b)(e)
(e)
Const
it
.
Alex.
Sev.
c.
De
rebus
creditis
.
Alexander
Severus
;
under
whom
the
learned
[
](A46988-e42020-b)(f)
(f)
Citius
per
omnes
Deos
,
quam
per
unum
Genium
Caesaris
pejeratur
.
Apol.
c.
28.
Tertullian
upbraids
the
Romans
,
that
they
readilier
forswore
themselves
by
all
the
Gods
,
than
by
the
one
Genius
of
Caesar
.
Horace
speaking
of
Augustus
,
saith
,
Jurandasque
tuum
per
Nomen
ponimus
Aras
:
and
[
](A46988-e42090-b)(g)
(g)
Nam
Imperatori
cum
Augusti
nomen
accepit
,
tanquam
praesenti
&
corporali
Deo
sidelis
prastanda
est
devotio
,
&
impendendus
pervigil
samulatus
:
Deo
enim
vel
privatus
,
v●l
militans
servit
,
cum
sideliter
eum
diligit
,
qui
Deo
regnat
autore
.
Veget.
de
Re
milit.
c.
5.
The
Names
of
Heathen
Deities
in
the
Names
of
Kings
.
Vegetius
gives
the
Reason
for
it
,
because
to
the
Emperor
,
when
he
takes
the
Name
of
Augustus
upon
him
,
faithful
Devotion
is
to
be
exhibited
,
and
watchful
Service
,
as
to
a
present
and
corporal
God
.
For
he
that
is
a
private
,
or
a
military
Person
,
serves
God
,
when
he
faithfully
loves
him
who
governeth
by
Gods
Authority
:
from
whence
and
many
other
Authorities
the
great
Selden
saith
it
appears
,
how
,
both
among
Christians
,
Mahometans
and
Heathens
,
a
certain
Sanctitas
Regum
(
as
in
Suetonius
,
Julius
Caesar
calls
it
)
was
specially
regarded
;
and
he
instanceth
in
many
Nations
who
had
a
Deities
Name
in
the
Kings
;
as
from
Baal
and
Astaroth
,
Beleastartus
,
Abdastartus
,
Ithobaal
;
so
from
Nebo
a
Babylonian
Idol
,
Nebuchodonezar
,
Nabopollassar
;
so
from
Belin
or
Abellio
,
a
British
Deity
,
Cassebelin
,
Cynobelin
.
All
which
seem
not
only
to
be
the
Affectation
of
the
Princes
,
but
to
be
intended
to
denote
the
Divine
Character
that
Princes
bore
.
Titles
of
first
Founders
of
Empires
continued
to
Successors
.
Caesar
.
Hence
we
may
Note
,
Titles
of
first
Founders
of
Empires
continued
to
Successors
.
Caesar
.
That
the
Name
of
〈◊〉
Czar
is
used
by
all
the
German
and
Muscovite
Empero●s
:
because
the
Roman
Empire
was
founded
by
Julius
Caesar
;
and
this
Custom
was
of
older
Date
:
For
in
Holy
Story
,
all
the
Aegyptian
Kings
,
'till
Solomon's
time
,
are
called
Pharaoh
;
which
was
not
a
proper
Name
or
Sirname
of
a
Family
,
but
only
a
Title
which
every
one
had
belonging
to
him
,
as
he
was
King
;
which
,
as
Manetho
saith
,
begun
in
Pharaoh
Narecho
,
and
Josephus
saith
in
Menis
,
much
ancienter
than
Abraham
;
but
Suidas
is
positive
,
That
it
was
derived
from
the
first
King
,
or
him
that
first
had
that
called
Ptolomies
:
So
the
Parthian
Princes
,
from
Arsaces
(
their
first
great
Monarch
)
were
called
Arsaces
;
according
to
whose
Memory
,
saith
[
](A46988-e42480-b)(h)
(h)
Cujus
memoriae
hunc
honorem
Parthi
tribuerunt
,
ut
omnes
exinde
Reges
suos
Arsacis
nomine
nuncupent
.
Hist.
lib.
41.
Justin
,
the
Parthians
attributed
that
Honour
,
that
all
their
Kings
,
from
thence
forward
,
were
called
Arsaces
.
So
the
Title
of
Augustus
was
given
to
Octavius
,
next
Successor
to
Julius
,
by
the
Senate
,
as
if
he
had
been
something
more
than
Human
,
saith
[
](A46988-e42570-b)(i)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
In
vita
.
Dio:
And
as
[
](A46988-e42600-b)(k)
(k)
Non
tatum
novo
,
sed
etiam
ampliore
,
cognomine
,
quod
〈◊〉
quaeque
Religiosa
&
in
quibus
Augurato
quid
consecratur
,
Augusta
dicuntur
.
Suetonius
saith
,
not
only
by
a
new
,
but
a
more
ample
Sirname
,
because
,
that
all
Religious
places
,
in
which
any
thing
Augurly
was
consecrated
,
were
called
Augnsta
;
for
which
he
cites
Ennius
,
Augusto
Augurio
,
postque
inclyta
condita
Roma
est
.
This
came
from
Augeo
,
which
(
besides
the
common
sense
of
it
)
is
a
proper
word
enough
to
sacrifice
,
as
augere
Hostias
;
and
in
Sextus
Pompeius
Augustus
is
interpreted
Sanctus
;
the
Greeks
interpret
it
by
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
Venerable
or
most
honourable
;
and
it
seems
to
be
translated
from
the
holy
Use
of
the
Word
,
whence
it
was
derived
:
and
as
[
](A46988-e42720-b)(l)
(l)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
In
vita
.
Dio
saith
,
a
Designation
of
the
splendor
or
greatness
of
their
Dignity
,
the
Emperors
after
were
stiled
Caesares
Augusti
;
neither
of
the
words
denoting
any
Power
in
them
;
but
are
now
,
and
ever
since
the
first
Family
ended
,
honorary
.
According
to
this
kind
of
continuance
of
Names
in
Succession
,
are
those
Patronymics
of
Achemenidae
in
the
Persian
Kings
,
Alevadae
in
the
Thessalian
,
Cecropidae
in
the
Athenian
;
from
Achemenes
,
Alevas
,
Cecrops
:
So
the
Alban
Kings
in
Italy
,
had
every
of
them
the
addition
of
Sylvius
,
most
of
the
Bithynian
Kings
were
called
Nicomedes
.
In
the
latter
times
,
the
Constantinopolitan
Emperors
much
affected
to
give
their
Children
and
themselves
,
the
great
Name
of
Constantine
.
So
were
the
Danish
Kings
anciently
titled
Shieldungs
from
their
King
Shield
:
The
French
had
their
Merovings
,
and
the
old
Kentish
Kingdom
here
its
Oiscings
from
Merove
and
Oisca
.
Concerning
this
successive
assuming
such
honorary
Names
from
the
first
Families
,
the
curious
Reader
may
observe
many
more
in
the
most
disquisitive
Mr.
Selden
.
The
use
I
make
of
it
is
to
show
,
That
Sovereign
Princes
,
The
Reason
of
such
Titles
.
as
some
of
them
affected
to
derive
their
Power
and
Authority
from
the
Deity
;
so
others
from
such
as
had
been
more
Signal
and
Eminent
in
their
several
Reigns
,
that
they
might
with
the
Title
,
seem
to
derive
a
Fame
,
Glory
and
Authority
from
them
,
and
in
those
Attributes
,
be
judged
their
rightful
Successors
.
Of
the
first
Kings
from
Adam
.
Before
I
treat
of
some
Attributes
that
are
given
to
Sovereign
Princes
,
I
shall
take
notice
of
some
things
I
have
either
omitted
,
or
less
fully
explained
in
the
Chapter
of
Monarchy
;
especially
considering
it
will
give
some
light
to
the
Authority
and
Sovereignty
,
many
learned
Men
have
ascribed
to
Princes
in
general
.
[
](A46988-e43070-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Cedrenus
.
Cedrenus
makes
Adam
the
first
King
and
Governour
,
when
he
saith
he
governed
or
commanded
all
mankind
as
long
as
he
lived
,
and
Seth
succeeded
him
in
the
Empire
:
and
if
we
may
believe
the
Letter
of
Alexander
the
Great
to
Aristotle
,
mentioned
by
[
](A46988-e43140-b)(n)
(n)
Lib.
2.
c.
11.
Joseph
Ben
Gorion
a
Jew
,
and
Rabbi
Abraham
,
Zacuthius
and
others
,
Kenan
the
Son
of
Enoch
,
Grandchild
of
Seth
,
was
Emperor
over
all
the
World
.
In
Berosus
we
find
the
Kings
of
Chaldaea
,
that
were
before
the
Flood
;
were
Alorus
,
Alasparns
,
Amchon
,
Amenon
,
Metalarus
,
Daorus
,
Adorachus
,
Amphis
,
Ottartes
and
Xisuther
;
which
according
to
Cedrenus
and
others
,
was
Noah
:
From
him
the
Greek
Authors
derive
the
supreme
Monarchy
of
the
Earth
to
Sem.
The
first
mention
in
Holy
Writ
of
a
Kingdom
,
is
that
of
Nimrod's
;
The
first
Kingdom
from
Nimrod
.
of
whom
Moses
saith
,
The
beginning
of
his
Kingdom
was
in
Babel
,
Erech
,
Acad
,
and
Calna
,
in
the
Land
of
Sinaar
:
and
he
is
by
most
Writers
judged
the
Founder
of
the
Assyrian
Monarchy
,
which
he
had
begun
about
the
Forty
fifth
Year
of
Abraham
.
Cedrenus
saith
,
The
Assyrians
made
Nimrod
a
God
,
and
placed
him
among
the
Stars
of
Heaven
,
and
called
him
Orion
.
In
his
Age
(
saith
the
Judicious
[
](A46988-e43430-b)(o)
(o)
Tit.
Hon.
●
.
1.
p.
1●
.
Selden
)
there
was
so
general
a
Propagation
of
this
Title
of
King
over
the
Earth
,
that
there
is
scarce
a
Nation
whereof
there
is
Memory
in
those
Ages
,
without
a
King
,
or
Prince
,
or
Monarch
assigned
to
it
.
So
,
besides
the
Division
of
the
Earth
among
Noah's
Posterity
,
(
said
in
Scripture
to
be
according
to
their
Language
,
and
according
to
the
Families
in
their
Nations
)
we
find
in
Profane
Histories
,
Kings
first
Governours
in
all
Countries
.
that
the
Kingdom
of
the
Sicyonians
began
in
Aegialeus
,
that
of
Tanaus
in
Scythia
,
and
of
Vexoris
in
Aegypt
;
and
others
are
cast
in
,
in
the
Age
of
Nimrod
.
In
the
Holy
Text
also
are
frequent
Occurrences
of
Kings
to
be
referred
to
that
Age
;
as
that
of
Abraham's
Wars
with
Kedorlaomer
King
of
Elam
,
and
the
Kings
of
divers
other
Nations
are
mentioned
;
whence
it
is
,
[
](A46988-e43590-b)(p)
(p)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Cedrenus
saith
,
that
about
Serug's
days
(
who
was
born
about
170
Years
after
the
Flood
)
Men
arrogating
to
themselves
Power
over
each
other
,
made
themselves
Emperours
and
Kings
,
and
did
first
use
Arms
,
and
made
War
on
each
other
.
Afterwards
,
the
Course
of
the
Holy
Story
shews
us
the
same
,
not
only
naming
expresly
the
particular
Kings
(
which
had
been
made
either
by
Sword
or
by
Choice
)
,
but
saith
,
The
Israelites
desired
Samuel
to
give
them
a
King
,
to
judge
them
,
according
as
all
other
Nations
had
.
Although
,
saith
Mr.
Selden
,
divers
of
the
chiefest
States
of
the
old
Grecians
(
and
I
think
(
saith
he
)
only
of
the
Grecians
in
the
elder
Ages
)
were
in
their
most
flourishing
Times
Democracies
,
or
Optimacies
;
yet
the
more
ancient
States
there
,
were
in
every
place
Monarchies
,
as
is
expresly
noted
by
[
](A46988-e43700-b)(q)
(q)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
Boeoticis
.
Pausanias
,
That
every
where
in
Greece
,
in
the
ancient
Times
,
their
States
were
Monarchical
,
and
not
Popular
.
Having
premised
this
,
I
come
now
to
the
Epithets
given
to
such
Sovereign
Princes
,
as
Kings
,
Emperours
,
Lords
,
and
the
Attributes
of
Majesty
,
&c.
in
the
Abstract
,
or
in
the
second
or
third
Person
,
and
other
high
and
lofty
Titles
given
to
them
,
either
justly
,
The
Title
of
Kings
.
or
by
Flattery
.
Concerning
Kings
,
The
Title
of
Kings
.
the
Account
that
I
have
given
of
them
in
the
Chapter
of
Monarchy
,
may
suffice
.
I
shall
only
add
,
That
in
the
Assyrian
Empire
,
Nebuchodonosor
is
styled
King
of
Kings
;
Daniel
,
c.
2.
and
after
the
translation
of
this
Empire
to
the
Persians
,
Artaxerxes
Mnemon
,
in
his
Commission
to
Ezra
for
the
Restitution
of
Jerusalem
,
and
the
Temple
,
thus
salutes
him
;
Artaxerxes
King
of
Kings
,
to
Ezra
the
Priest
:
And
on
the
Great
Cyrus
his
Tomb
this
Epitaph
was
written
in
Persian
Characters
,
(
if
you
believe
the
Authors
that
have
it
)
,
[
](A46988-e43910-b)(r)
(r)
Eustach
.
ad
Dionys.
&
Strab.
Geog.
15.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Here
I
Cyrus
lie
,
who
was
King
of
Kings
.
And
the
bare
Name
of
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
King
,
without
addition
,
is
especially
used
for
the
Persian
;
whence
the
Nation
is
styled
also
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
The
most
Kingly
Nation
.
[
](A46988-e44000-b)(s)
(s)
Diodor.
bibl.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Sesoosis
,
the
same
with
Sesostris
in
Herodotus
,
King
of
Egypt
,
attributed
to
himself
the
Title
of
King
of
Kings
,
in
his
erected
Columns
of
Victory
:
And
[
](A46988-e44060-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Earth
and
Water
given
as
Tokens
of
Homage
.
Plutarch
reports
,
That
Tigranes
King
of
Armenia
was
angry
,
and
would
not
vouchsafe
to
answer
Lucullus
,
because
in
his
Letter
he
had
styled
him
King
only
,
and
not
King
of
Kings
.
The
Acknowledgment
of
Regal
Supremacy
,
paid
by
way
of
Homage
,
from
Princes
or
People
,
under
the
Subjection
of
such
Kings
,
was
the
Acceptance
,
upon
their
Demand
,
of
Earth
and
Water
:
A
special
Example
of
which
,
is
in
[
](A46988-e44130-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Her●dot
.
in
Melpom.
Darius's
Letters
to
Indathyrsus
King
of
the
Scythians
;
where
he
first
invites
him
to
the
Field
:
but
if
he
would
not
,
then
,
bringing
to
the
Sovereign
as
Gifts
,
Water
and
Earth
,
come
to
a
Parley
;
as
the
Words
run
.
So
in
the
Assyrian
Empire
,
the
King
commands
[
](A46988-e44190-b)(w)
(w)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Lib.
Judith
.
Olophernes
,
That
he
should
bid
all
the
Western
Nations
prepare
him
Earth
and
Water
.
By
the
yielding
up
of
these
two
Elements
,
they
acknowledged
a
giving
up
to
those
Sovereigns
their
Jurisdiction
over
them
.
When
William
the
Conqueror
landed
at
[
](A46988-e44240-b)(x)
(x)
Malmesh
.
de
Gestis
Reg.
lib.
3.
Hist.
Norman
.
apud
Camd.
Hastings
in
Sussex
,
as
he
came
out
of
his
Ship
,
he
fell
down
;
and
one
of
his
Knights
told
him
,
Sir
,
you
have
possession
of
England
,
and
shall
be
King
:
and
observing
that
he
had
took
up
Sand
and
Earth
in
his
Hand
,
he
added
,
And
you
have
taken
Livery
and
Seisin
of
the
Country
.
So
when
Land
is
sold
in
England
,
the
way
of
receiving
Possession
is
by
delivering
a
Clod
of
the
Earth
,
and
a
Twig
of
Wood
,
if
any
be
growing
on
it
.
To
denote
also
the
Sovereignty
of
such
Princes
,
kissing
of
the
Feet
,
or
embracing
their
Knees
,
or
Adoration
was
used
.
Kissing
the
Teet
,
Knees
,
and
Hands
of
Princes
.
[
](A46988-e44330-b)(y)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Herodotus
saith
,
When
the
old
Persians
meet
,
you
may
know
whether
they
be
equal
or
not
:
for
in
Salutation
they
kiss
one
another
;
but
if
one
be
something
inferiour
,
they
kiss
only
the
Cheeks
;
and
if
one
be
far
more
ignoble
,
he
falls
down
,
adoring
the
other
.
The
manner
of
which
Adoration
is
yet
observed
in
the
Eastern
Empires
,
as
may
be
seen
in
the
Prints
of
them
in
Mr.
Ogilby's
Asia
,
especially
in
Japan
.
Thence
we
have
Adorari
more
Persarum
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
is
expressed
by
Euripides
thus
,
personating
Phrygius
to
Orestes
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
—
Falling
down
,
I
adore
thee
,
O
King
,
after
the
Persian
manner
.
In
Alexander's
turning
the
Grecian
Liberty
into
this
Servitude
,
Q.
Curtius
expresseth
it
by
Venerari
,
procumbere
,
&
humi
corpus
prosternere
;
and
thereof
Justin
saith
,
the
[
](A46988-e44570-b)(z)
(z)
Retentus
est
a
Macedonibus
mos
salutandi
Reges
,
explosa
adoratione
.
Jam
coepisset
Heliogabalus
adorari
Regum
more
Persarum
.
Macedonians
retained
the
manner
of
saluting
their
Kings
,
exploding
the
Adoration
.
Lampridius
,
speaking
of
Alexander
Severus
,
saith
,
That
he
forbad
himself
to
be
adored
;
but
Heliogabalus
began
to
be
adored
after
the
Persian
manner
.
As
to
the
Kissing
,
the
Learned
[
](A46988-e44640-b)(a)
(a)
Tit.
Hon.
c.
3.
Selden
saith
,
It
was
usual
in
Adoration
among
the
Romans
,
either
to
kiss
the
Images
of
their
Gods
,
or
adoring
them
,
to
stand
somewhat
off
before
them
,
[
](A46988-e44680-b)(b)
(b)
Cicero
in
Varr.
Act.
5.
Lucret.
lib.
1.
Sape
salutantum
,
&c.
solemnly
moving
the
Right-hand
to
the
Lips
,
and
then
casting
it
,
as
if
they
had
cast
Kisses
,
and
turning
the
Body
on
the
same
Hand
,
(
which
was
the
right
Form
of
Adoration
)
:
and
it
grew
by
Custom
,
first
,
that
the
Emperours
(
being
next
to
Deities
,
and
by
some
accounted
as
Deities
)
had
the
like
done
to
them
,
in
acknowledgment
of
their
Greatness
.
After
some
of
the
Roman
Emperours
would
be
called
Jupiter
,
be
supposed
carnally
to
lie
with
Venus
and
the
Moon
,
and
(
upon
their
infinite
such-like
frantick
Conceits
)
pretended
themselves
to
be
Divine
,
they
were
not
satisfied
with
Those
usual
Customs
,
but
thought
themselves
much
wronged
,
and
their
Majesty
impaired
,
if
they
who
saluted
them
[
](A46988-e44750-b)(c)
(c)
Dio
Cass
.
Hist
59.
presumed
to
kiss
above
the
Knee
.
We
find
Examples
of
Kissing
the
Hands
and
Feet
in
Caligula
:
Therefore
[
](A46988-e44780-b)(d)
(d)
Homo
natus
in
hoc
,
ut
mores
liber●●
civitatis
Persica
servitute
mutaret
.
2.
de
Benef.
c.
5.
Seneca
(
speaking
of
his
offering
his
Feet
to
kiss
)
says
,
He
was
a
man
born
to
that
,
so
as
to
change
the
Customs
of
a
Free
City
into
Persian
Servitude
.
Maximinus
Junior
allowed
the
kissing
the
Knees
,
Feet
,
and
Hands
;
and
Diocletian
(
according
to
Pomponius
Laetus
)
published
an
[
](A46988-e44850-b)(e)
(e)
Vbi
omnes
sine
generis
discrimine
pro●●
rati
pedes
exos●ularentur
,
exornans
calceamenta
auro
,
gemmis
&
margaritis
.
Edict
,
That
all
without
distinction
,
being
prostrate
,
should
kiss
the
Feet
;
therefore
he
adorned
his
Shoes
with
Gold
,
Gems
,
and
Pearl
.
Yet
this
was
not
allowed
by
all
:
For
Tiberius
(
as
Suetonius
tells
us
)
oscula
quotidiana
prohibuit
edicto
;
and
the
elder
[
](A46988-e44890-b)(f)
(f)
Dii
prohibeant
ut
quisquam
ingenuorum
pedibus
meis
osculum
figat
.
Capitolin
.
Maximin
(
although
a
Tyrannical
and
most
wicked
Prince
,
yet
)
would
suffer
none
to
kiss
his
Feet
,
saying
,
The
Gods
forbid
that
any
Freeman
kiss
my
Feet
:
And
Alexander
Severus
was
only
saluted
by
his
Name
,
God
save
thee
,
Alexander
;
as
Lampridius
tells
us
,
who
adds
,
That
if
any
bowed
the
Head
,
or
spoke
any
thing
like
a
Flatterer
,
if
his
Quality
permitted
,
he
was
spurned
away
;
or
,
if
his
Dignity
allowed
not
such
an
Injury
to
be
done
him
,
he
was
laughed
at
aloud
.
And
[
](A46988-e44950-b)(g)
(g)
Lib.
10.
Epig.
72.
Martial
,
in
Trajan's
time
,
rejects
those
base
Flatteries
that
had
been
used
to
Domitian
,
thus
.
Ad
Parthos
procul
ite
Pileatos
,
Inopes
,
humilesque
,
supplicesque
,
Pictorum
sola
basiate
Regum
.
Princes
use
now
only
the
kissing
of
the
Hand
(
besides
a
profound
Obeisance
to
them
)
in
stead
of
these
forementioned
Adorations
;
and
the
kissing
of
the
Hand
is
offered
frequently
as
a
Testimony
of
serviceable
Love
to
other
Great
Persons
,
according
to
that
of
[
](A46988-e45060-b)(h)
(h)
Inest
in
aliis
partibus
quaedam
Religio
sicut
dextra
osculis
aversa
appetitur
,
fide
porrigitur
.
The
Romans
,
after
they
were
a
Commonwealth
,
hated
the
Name
of
King
.
Pliny
,
As
the
Back
of
the
Right-hand
with
a
kind
of
Religiousness
is
desired
,
so
with
an
assurance
of
Faith
it
is
stretched
out
.
This
Name
of
King
was
among
the
Romans
(
after
they
setled
themselves
under
the
Government
of
a
Commonwealth
)
reputed
so
contrary
to
their
Liberty
,
(
as
implying
in
its
Office
too
great
an
Absoluteness
of
Power
)
that
in
solemn
memory
of
its
being
cast
out
by
Brutus
,
they
yearly
celebrated
on
the
Seventh
of
the
Kalends
of
March
(
our
Twenty
third
of
February
)
their
Feast
Regifugium
:
And
lest
the
giddy
Multitude
might
desire
again
to
have
a
King
,
they
prohibited
that
no
Concourse
for
Merchandise
should
ever
happen
upon
the
Nones
of
any
Month
,
(
King
Servius
Tullius
his
Birth-day
,
they
knew
,
was
in
the
Nones
,
but
not
of
what
Month
;
therefore
they
provided
it
)
fearing
(
saith
[
](A46988-e45170-b)(i)
(i)
Veriti
ne
quid
nun●inis
collecta
universitas
,
ob
Regis
d●siderium
,
novaret
.
Saturnal
.
c.
13.
Macrobius
)
lest
the
Multitude
,
gathered
together
at
such
Fairs
,
should
innovate
any
thing
by
the
desire
of
a
King
:
And
[
](A46988-e45200-b)(k)
(k)
Regem
Romae
posthac
nec
Dii
nec
homines
esse
patientur
.
De
Divinatione
,
cap.
2.
Cicero
,
though
he
acknowledged
that
Caesar
was
revera
Rex
,
fully
a
King
in
Power
,
yet
(
upon
hate
that
continued
of
that
Title
)
tells
us
,
That
hereafter
neither
Gods
nor
Men
would
permit
any
to
be
King
of
Rome
.
Therefore
to
palliate
(
as
Mr.
[
](A46988-e45260-b)(l)
(l)
Tit.
Hon.
cap.
2.
Augustus
denies
the
Title
of
King
.
Selden
saith
)
some
part
of
his
Ambitions
,
Caesar
himself
,
being
saluted
King
by
the
Multitude
,
withal
perceiving
that
it
was
very
distasteful
to
the
State
,
(
by
the
Tribunes
pulling
of
the
white
Fillet
from
his
Laurel
)
answered
,
Caesarem
se
,
non
Regem
esse
;
refusing
it
utterly
,
and
consecrating
the
Diadem
,
which
Anthony
would
have
often
put
upon
his
Head
,
to
Jupiter
.
Yet
the
whole
People
were
sensible
that
his
Authority
differed
only
in
Name
from
that
of
King
,
as
appeared
by
his
Sentiment
of
it
,
who
subscribed
Julius
his
Statue
with
,
Brutus
quia
Reges
ejecit
,
Consul
primo
factus
est
;
Hic
,
quia
Consules
ejecit
,
Rex
postremo
factus
est
.
Thus
much
may
suffice
to
shew
,
Because
the
Absoluteness
of
Kings
was
against
their
Liberty
.
That
the
Romans
judged
a
King
to
have
such
Absoluteness
,
as
in
their
Free-State
was
not
to
be
endured
;
when
as
in
the
Change
to
Emperours
they
underwent
more
(
by
some
of
their
Arbitrary
Rulings
)
than
they
did
under
Kings
:
And
though
the
Terms
were
milder
,
yet
the
Yoke
of
them
was
heavier
.
But
such
is
the
Nature
of
the
Multitude
,
that
if
their
Governours
keep
but
the
old
Name
of
the
Magistracy
,
they
readilier
yield
Obedience
to
them
;
such
power
hath
Custom
.
This
Observation
made
Cromwel
content
himself
with
the
Name
of
Protector
,
under
which
,
by
his
Arts
and
Army
,
he
exercised
more
Arbitrariness
than
ever
had
been
by
any
King
of
England
.
I
come
now
to
the
Title
of
Emperour
.
This
at
the
first
only
denoted
a
General
,
or
Leader
of
an
Army
.
Title
of
Emperour
first
as
General
.
So
Julius
Caesar
(
having
made
himself
Master
of
the
Roman
Free-State
)
thought
it
safer
to
retain
than
innovate
his
Title
of
Supremacy
.
Therefore
having
the
perpetual
Office
of
[
](A46988-e45490-b)(m)
(m)
Honores
nimies
recepit
,
ut
continuum
consulatum
,
perpetuam
Dictaturam
,
praefecturamque
morum
,
insuper
praenomen
Imperatoris
.
Sueton.
de
Jul.
Caesare
.
Dictator
and
Consulship
,
with
the
place
of
General
or
Imperator
(
as
the
word
had
Relation
to
his
Military
Force
)
he
took
that
also
(
being
as
willingly
given
as
the
rest
)
for
a
perpetual
Title
;
this
Title
of
Imperator
being
assumed
both
by
Brutus
and
Cassius
;
as
appears
in
their
Coins
,
though
they
pretended
to
be
the
greatest
asserters
of
the
Roman
Liberty
,
and
the
like
occurrs
in
the
Coins
of
Antonius
,
Lepidus
,
and
the
thirty
Tyrants
,
and
others
.
This
Title
of
Imperator
is
said
to
have
been
a
[
](A46988-e45590-b)(n)
(n)
Vita
Jul.
Cas.
〈◊〉
.
Praenomen
,
by
Suetonius
,
but
it
was
often
used
after
it
,
which
when
it
was
,
it
denoted
either
only
,
or
chiefly
,
some
great
performance
by
Arms
,
in
setling
,
or
encreasing
the
Empire
;
but
when
a
Sirname
,
in
those
elder
times
,
it
signified
only
the
Emperor's
Supremacy
in
the
State
;
so
in
the
Coin
of
Augustus
,
where
the
Inscription
is
,
IMP.
CAES.
AVG.
IMP.
IX
.
TR.
P.V.
The
Fore-name
Imperator
,
signifies
his
Supremacy
;
and
the
latter
signifies
he
had
been
General
,
and
as
such
,
it
may
be
,
deserved
a
Triumph
nine
times
.
The
TR.
P.
V.
For
Tribunitiae
potestatis
quintum
,
shews
how
often
he
had
been
Tribune
of
the
People
,
which
was
every
Year
renewed
;
therefore
in
that
the
number
of
the
Years
of
their
Empire
was
expressed
,
as
[
](A46988-e45670-b)(o)
(o)
Cassius
,
Hist.
53.
Dio
observes
.
So
that
what
Tacitus
relates
of
Tiberius
,
was
most
true
,
that
eadem
Magistratuum
vocabula
,
he
retained
the
old
Names
of
the
Magistrates
;
so
that
the
first
Emperors
Authority
and
Soveraignty
consisted
in
the
Power
of
the
Consuls
,
Dictator
,
Tribunes
of
the
People
,
and
the
Title
of
Prince
.
Title
of
Prince
.
The
Title
of
Princeps
,
Principatus
and
Principium
,
were
proper
Names
also
for
these
Emperors
,
and
their
greatness
;
therefore
[
](A46988-e45770-b)(p)
(p)
Augusius
cuncta
discordiis
civilibusfessa
,
nomine
Principis
sub
Imperium
accepit
.
Tacitus
saith
,
that
Augustus
took
the
Empire
under
the
name
of
Prince
,
all
being
wearied
with
civil
Discords
;
though
Suetonius
saith
of
Caligula
,
that
Title
was
wanting
,
but
that
he
should
suddenly
take
the
Diadem
,
and
change
the
show
of
a
Principality
to
the
form
of
a
Kingdom
.
Now
it
is
to
be
observed
as
the
Title
of
Emperor
was
taken
from
the
Military
Employment
of
a
General
;
so
this
of
Prince
signified
the
Superiority
of
them
in
the
Senate
.
For
the
Title
of
Princeps
Senatus
was
known
familiarly
in
Rome
,
and
so
might
upon
that
Ground
be
used
without
Envy
.
Concerning
the
Grecians
using
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
for
Emperor
,
the
difference
betwixt
the
Eastern
and
Western
Empire
,
about
both
their
Titles
,
and
the
more
modern
use
of
both
,
I
must
referr
the
Inquisitive
Reader
to
the
often
,
but
never
too
much
to
be
commended
[
](A46988-e45870-b)(q)
(q)
Titles
of
Honour
,
par.
1.
c.
2.
Mr.
Selden
;
and
shall
only
note
out
of
him
,
that
divers
Civilians
,
especially
of
Italy
and
Germany
,
which
profess
the
old
Laws
of
Rome
,
tell
us
,
That
the
Emperor
is
at
this
day
of
Right
,
Lord
of
the
whole
World
,
or
Earth
,
as
their
Text
also
[
](A46988-e45950-b)(r)
(r)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
F.
ad
Leg.
Rhod.
The
Roman
Emperours
not
Lords
of
all
.
affirms
:
besides
divers
other
flattering
Passages
in
good
Authors
,
of
the
ancient
Empire
;
as
that
of
Corippus
to
the
Emperor
Justin
,
—
Deus
omnia
Regna
Sub
pedibus
debit
esse
suis
.
And
Julius
Firmicus
[
](A46988-e46060-b)(s)
(s)
Totius
orbis
terrarum
spacium
Imperatoris
subjacet
potestatibus
,
etiam
ipsum
eorum
Deorum
numero
constitutum
esse
quem
ad
sacienda
&
con●ervanda
omnia
,
Divinitas
statuit
universalis
.
Mathes
.
lib.
2.
c.
33.
hath
this
courtly
Expression
,
That
the
Compass
of
the
whole
Globe
of
the
Earth
is
subject
to
the
Power
of
the
Emperor
,
and
he
is
constituted
in
the
number
of
those
Deities
whom
the
Principal
Divinity
hath
appointed
to
do
and
conserve
all
things
;
grounded
upon
that
Coin
of
[
](A46988-e46080-b)(t)
(t)
Adolphus
O●●a
,
p.
552.
Constantius
,
which
hath
on
the
reverse
VICTOR
OMNIVM
GENTIVM
.
But
Mr.
Selden
hath
sufficiently
confuted
this
,
by
shewing
that
the
Roman
Empire
had
its
Limits
(
or
as
Tacitus
calls
it
its
Claustra
)
in
Augustus
,
Trajan's
,
and
Hadrian's
time
,
and
that
in
the
heighth
of
the
Roman
Empire
there
were
Liberi
Populi
,
Regesque
.
So
that
after
the
perusal
of
the
several
Instances
he
produceth
,
none
can
be
unsatisfied
,
but
that
many
other
Princes
enjoy
their
Supremacy
as
fully
as
the
German
Emperors
,
in
acknowledging
no
Superior
but
God
,
as
particularly
I
shall
shew
,
in
what
relates
to
England
,
in
the
next
Chapter
.
For
the
fuller
Expression
of
Majesty
,
saith
[
](A46988-e46230-b)(u)
(u)
Tit.
Hon.
cap.
4.
Mr.
Selden
,
other
Attributes
have
been
given
to
Supream
Princes
,
which
be
Names
as
essential
as
those
of
Emperor
and
King
;
yet
they
are
not
so
convertible
with
them
,
nor
so
particularly
designing
them
:
These
are
chiefly
Domini
&
Dii
,
Lords
and
Gods
.
Of
the
one
I
have
discoursed
before
,
of
the
other
I
shall
now
speak
something
.
This
Title
of
Dominus
,
or
Lord
,
Of
the
Title
of
Lord
.
How
odious
to
the
Romans
.
(
importing
properly
a
Master
or
Lord
over
Slaves
)
was
by
the
wisest
of
the
Roman
Emperors
rejected
;
though
it
be
now
grown
[
](A46988-e46320-b)(w)
(w)
Nedum
sermo●um
stet
honos
&
gratia
vivax
.
Horat.
de
Arte
Poet.
so
familiar
,
that
we
use
it
to
Tradesmen
:
such
a
change
being
wrought
by
time
in
the
Usage
,
Emphasis
or
Signification
of
many
other
words
.
[
](A46988-e46350-b)(x)
(x)
Domini
Appellationem
ut
maledictum
&
opprobrium
semper
exhorruit
.
Suetonius
tells
us
,
that
Augustus
at
a
Play
,
hearing
himself
called
Lord
,
though
with
the
Epithetes
of
Just
and
Good
,
and
finding
the
Spectators
rejoicingly
approve
of
it
as
applicable
to
him
;
with
his
Hand
and
Countenance
repressed
the
unbecoming
Flatteries
,
and
the
next
day
by
a
severe
Edict
,
prohibited
it
to
be
given
him
;
neither
would
he
suffer
his
Children
or
Nephews
to
use
it
in
their
Complements
,
or
other
Language
,
to
each
other
.
Neither
would
Tiberius
endure
this
Title
so
much
as
in
common
Salutation
:
whereupon
the
great
[
](A46988-e46390-b)(y)
(y)
Tacitus
2.
Annal.
Historian
and
States-man
observes
,
Vnde
Augusta
&
lubrica
oratio
,
sub
Principe
,
qui
libertatem
metuebat
&
adulationem
oderat
.
To
which
purpose
[
](A46988-e46420-b)(z)
(z)
Sylvar
.
1.
Statius
speaks
of
Domitian
.
Tollunt
Innumeras
ad
astra
Voces
Saturnalia
Principis
sonantes
,
Et
dulci
DOMINVM
favore
clamant
,
Hoc
solum
vetuit
licere
Caesar
.
Yet
either
the
Poet
flattered
or
dissembled
,
or
this
was
in
the
Infancy
of
the
Empire
;
for
we
find
in
[
](A46988-e46520-b)(a)
(a)
In
Domit.
c.
13.
Suetonius
,
that
by
his
express
Command
,
the
Titles
of
his
Letters
and
other
matters
,
were
Dominus
&
Deus
noster
sic
sieri
jubet
;
and
Caligula
before
him
,
endured
it
publickly
,
and
Festus
[
](A46988-e46580-b)(b)
(b)
Act.
Apost.
c.
25.
v.
26.
Lieutenant
of
Jewry
in
that
of
St.
Paul's
appeal
,
calls
Claudius
absolutely
Lord
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
Lord
Emperor
;
and
the
Emperor
in
his
Petition
to
[
](A46988-e46660-b)(c)
(c)
M●●t
.
F.
ad
Leg.
Rhod.
him
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
Lord
Emperor
;
and
the
Emperor
in
his
Answer
calls
himself
Lord
of
the
World
.
[
](A46988-e46690-b)(d)
(d)
Diocletianus
se
primus
omnium
,
Caligulam
post
Domitianumque
Dominum
palam
●ici
passus
,
&
adorari
se
,
app●●arique
uti
Deum
.
Victor
saith
that
Dioclesian
,
the
first
of
all
the
Emperors
after
Caligula
and
Domitian
,
suffered
himself
openly
to
be
called
Lord
,
to
be
adored
and
stiled
as
a
God
;
which
may
be
understood
of
publick
Salutations
only
.
For
in
Claudius
and
Antonine
I
have
instanced
to
the
contrary
.
Also
in
a
Gold
Coin
of
the
great
and
Religious
Constantine
,
stampt
with
his
effigies
sitting
,
and
his
Court
of
Guard
about
him
;
the
[
](A46988-e46770-b)(e)
(e)
A●olph
.
O●●a
.
p.
537.
Inscription
is
,
FELICITAS
PERPETVA
AVGEAT
REM
DO
MIN.
NO
ST.
The
reason
why
some
Emperors
refused
this
Name
(
as
Pliny
in
his
Panegyrick
makes
[
](A46988-e46830-b)(f)
(f)
Principis
sedem
obtines
,
ne
sit
Domino
locus
.
Trajan
to
do
,
when
he
saith
,
Thou
obtainest
the
place
of
the
Prince
,
that
there
may
be
no
place
for
Lord
,
)
was
either
because
it
seemed
a
Relative
to
Servus
,
a
Bondslave
;
or
in
respect
that
it
supposed
(
if
ill
interpreted
)
the
Subject
,
and
his
Substance
to
be
in
the
Property
of
the
Emperor
:
For
[
](A46988-e46860-b)(g)
(g)
Domini
Appellatione
continetur
qui
●abet
proprietatem
,
e●si
usus
fructus
alienus
sit
.
Ulp.
F.
de
Sc.
Silaniano
,
l.
1.
sect.
1.
Vlpian
tells
us
,
that
in
the
Laws
of
the
Empire
,
in
the
Appellation
of
Lord
,
was
signified
he
that
had
the
Propriety
,
although
another
was
Usufructuary
.
How
considerable
a
Name
of
Dominion
this
was
,
appears
in
Lucan
(
who
being
one
of
the
Pompeian
Party
,
that
stood
much
upon
the
ancient
Liberty
of
Rome
,
)
saith
that
that
Age
first
found
those
Appellations
,
by
which
they
lyed
to
the
Lords
.
[
](A46988-e46940-b)(h)
(h)
Lucan
.
Pharsal
.
lib.
5.
Namque
omnes
Voces
,
per
quas
jam
tempore
tanto
Mentimur
Dominis
,
haec
primum
reperit
Aetas
.
That
which
I
observe
from
hence
is
,
That
by
this
Title
of
Dominus
,
the
Soveraignty
of
Princes
,
and
greater
absoluteness
was
understood
,
than
the
first
Emperors
were
willing
to
seem
to
allow
,
that
they
might
avoid
Envy
in
the
Infancy
of
their
Power
:
Multa
renascentur
quae
jam
cecidere
,
cadentque
.
Quae
nunc
sunt
in
honore
vocabula
si
vole●
usus
.
Horat●de
Arte
Poet.
v.
70.
and
now
so
great
a
Power
or
Dignity
is
not
so
much
understood
by
the
Word
,
either
Latin
or
Greek
,
in
the
Person
it
is
applied
to
,
as
when
our
Kings
had
the
Title
of
Lords
only
of
Ireland
,
and
yet
had
Kingly
Supremacy
;
and
now
our
Nobility
are
called
Lords
,
and
Domine
in
the
Latin
is
dwindled
to
signify
any
Gentleman
.
There
are
other
Forms
of
Speech
that
either
have
been
or
are
peculiar
to
Kings
,
The
Appellations
in
the
Plural
Number
.
as
the
use
of
the
Plural
Number
,
as
,
We
command
,
We
ordain
,
Our
Royal
Favour
,
Our
Royal
Care
,
Pleasure
,
&c.
This
seems
derived
from
the
Jews
(
saith
[
](A46988-e47090-b)(i)
(i)
Tit.
Hon.
par.
1.
c.
7.
Mr.
Selden
)
who
say
that
in
their
Language
,
by
reason
of
the
Plurality
of
Vertues
or
Power
(
being
the
true
Roots
of
Dignities
)
which
are
supposed
in
a
Superior
,
they
use
the
Plural
Number
to
or
of
one
Man
.
So
with
their
Elohim
Gods
,
joined
to
a
Word
of
the
Singular
Number
,
is
by
their
Grammarians
,
made
an
Enallage
of
Number
,
chiefly
to
express
Excellency
in
the
Persons
to
whom
it
is
referred
.
But
this
hath
since
been
used
by
single
Persons
,
as
particularly
by
Margaret
Countess
of
Richmond
,
Mother
to
Henry
the
Seventh
,
thus
,
Nos
Margareta
Comitissa
Richmondiae
,
Mater
excellentissimi
Principis
Domini
Henrici
,
&c.
Inspeximus
,
&c.
Therefore
I
leave
this
as
communicable
to
great
and
eminent
Subjects
,
and
shall
pass
to
the
abstract
of
Majestas
.
Title
of
Majesty
.
As
Your
Majesty
,
His
Majesty
,
Imperial
Majesty
.
The
word
it self
denoting
all
kind
of
special
Dignity
,
as
if
we
should
say
in
English
,
Greatness
,
as
well
in
private
Persons
,
as
supream
Princes
and
Deities
.
Ovid
[
](A46988-e47240-b)(k)
(k)
Fastorum
lib.
5.
elegantly
describes
Majesty
to
be
born
of
Honour
and
Reverence
,
and
he
saith
Majesty
continued
among
the
Gods
,
until
the
Rebellion
of
the
Giants
against
Jupiter
,
when
she
so
daunted
them
,
that
afterwards
she
was
honoured
for
it
with
a
place
next
to
Jupiter
,
whose
Kingdom
she
defends
by
the
greatness
only
of
her
Presence
,
and
unarmed
;
and
that
she
came
down
also
among
Men
,
since
which
,
both
Supream
and
Subordinate
Princes
,
and
some
also
of
all
Kinds
have
had
their
special
Dignity
from
her
Presence
with
them
;
whence
Majestas
Pueri
,
Matronae
,
Virginis
,
&c.
and
,
as
Valerius
Maximus
[
](A46988-e47300-b)(l)
(l)
Quasi
privata
〈…〉
,
clarerum
virorum
sine
Tribunalium
fasiigio
.
Lib.
3.
c.
10.
calls
it
,
a
private
kind
of
Magistracy
,
a
Majesty
of
eminent
Men
,
without
the
Honour
of
Tribunalship
,
or
any
other
Office
.
But
it
is
not
of
this
kind
of
Majesty
I
now
treat
;
but
as
it
is
applicable
to
the
Sovereign
.
So
in
Cicero
,
Majestas
Populi
Romani
denotes
the
Supream
Dignity
of
the
State
of
Rome
,
as
[
](A46988-e47350-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
legatione
in
Foed
.
Aetolorum
.
Polybius
calls
it
the
Empire
and
Power
of
the
People
of
Rome
.
Afterwards
this
Majesty
of
the
People
,
or
of
the
whole
Empire
and
State
was
cast
upon
the
Emperors
as
a
Characteristick
of
Soveraignty
,
and
then
it
was
Majestas
Imperatorum
.
Whence
it
grew
into
frequent
use
to
write
[
](A46988-e47400-b)(n)
(n)
Gruteri
Inscr
.
p.
246.
n.
3.
NVMINI
MAJESTATIQVE
EJVS
DEVOTISS
:
or
DIC
ATISSIMVS
,
as
in
that
Inscription
in
Tarragona
in
St.
Barbara's
Church
,
of
Septimius
Acindynus
to
the
Emperor
Trajan
.
From
the
use
of
Majesty
thus
applied
,
came
the
name
of
Crimen
Majestatis
,
to
denote
that
offence
which
was
committed
against
the
Dignity
of
the
State
of
Rome
,
or
against
the
Emperor
.
So
[
](A46988-e47520-b)(o)
(o)
Majestatis
crimen
illud
est
,
quod
adversus
Pop.
Rom.
vel
adversus
securitatem
ejus
committitur
.
P.
ad
L●g
.
Jul.
Majest.
lib.
5.
Vlpian
saith
,
It
is
that
which
is
committed
against
the
People
of
Rome
,
or
their
Security
.
[
](A46988-e47560-b)(p)
(p)
Majestatem
minuisti
quod
Tribunum
Plebis
de
Templo
deduxisti
.
De
Invent.
lib.
2.
And
Cicero
calls
it
a
Diminution
of
Majesty
,
to
draw
a
Tribune
of
the
People
out
of
the
Temple
.
And
Justinian
saith
,
That
the
[
](A46988-e47600-b)(q)
(q)
Lex
Julia
Majestatis
in
eos
qui
contra
Imperatorem
vel
Rempublicam
aliquid
moliti
sunt
,
suum
vigorem
extendit
.
Instit.
Tit.
de
Publico
Judicio
.
Julian
Law
of
Majesty
,
extends
its
Force
against
them
who
attempt
any
thing
against
the
Emperor
,
or
the
Commonwealth
.
And
for
this
offence
the
word
Majestas
is
used
singly
by
[
](A46988-e47640-b)(r)
(r)
Hujus
in
metum
penitus
sustulisti
,
contentus
magnitudine
,
qua
nulli
magis
caruere
,
quam
qui
sibi
majestatem
vindicabant
.
Panegyr
.
Pliny
to
Trajan
,
That
he
had
wholly
taken
away
the
fear
of
too
frequent
questiou
upon
that
crime
,
being
contented
with
the
greatness
of
his
Power
or
Office
,
which
none
more
wanted
than
those
that
challenged
Majesty
to
themselves
;
as
if
he
had
said
,
that
his
mild
Empire
and
Greatness
was
better
to
himself
and
his
People
,
than
theirs
who
had
a
more
absolute
Sovereignty
.
This
Expression
of
the
Emperors
by
the
abstract
Majestas
(
wherewith
Numen
also
was
commonly
joyned
in
Inscriptions
)
became
,
it
seems
,
the
Example
by
which
the
ensuing
times
brought
in
the
frequency
of
those
other
Abstracti
,
which
designed
the
Emperors
,
as
well
in
the
first
as
the
second
and
third
Person
;
as
Perennitas
,
Aeternitas
,
Tranquillitas
,
Serenitas
,
&c.
which
are
most
obvious
in
the
Rescripts
of
the
old
Emperors
,
that
remain
in
the
two
Codes
of
Theodosius
and
Justinian
:
And
in
the
Greek
Empire
,
this
Attribute
of
Majesty
was
denoted
by
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
which
the
Emperor
had
,
with
the
Addition
of
Sacred
,
and
sometimes
with
[
](A46988-e47800-b)(s)
(s)
Vide
Codin
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
M●ursium
in
Glossar
.
Gra●o-Barb
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
serenissima
jestas
.
There
are
great
Numbers
of
other
Epithetes
,
that
have
been
given
to
Soveraign
Princes
;
Other
Attributes
given
to
Princes
.
as
among
the
Romans
,
Pius
,
Foelix
,
Clemens
,
Tranquillus
,
Sanctissimus
,
Pater
Patriae
.
In
the
later
times
,
both
in
the
Empire
and
Kingdoms
,
Clementissimus
,
Excellentissimus
,
Invictissimus
,
Illustrissimus
,
Serenissimus
,
Gloriosissimus
,
Potentissimus
,
Sacratissimus
,
Celsissimus
,
Religiosissimus
;
and
some
have
had
peculiar
Attributes
:
The
Emperor
is
stiled
Semper
Augustus
;
the
King
of
England
,
Fidei
Defensor
;
the
King
of
France
,
Christianissimus
;
of
Spain
,
Catholicus
.
Most
of
these
Attributes
were
given
to
denote
the
Eminence
of
their
place
,
or
the
peculiar
Vertues
such
Princes
excelled
in
;
and
under
the
Greek
Empire
,
the
Epithetes
agreeable
to
their
Language
,
and
the
Attributes
of
the
Eastern
Monarchs
,
are
to
this
Day
more
luxuriant
:
So
we
find
Emanuel
Comnenus
,
in
his
Letter
to
Frederic
Barbarossa
,
writes
thus
;
[
](A46988-e47970-b)(t)
(t)
Albertus
Stadensis
in
Chron.
Anno
1179.
Manuel
in
Christo
Deo
fidelis
,
Imperator
Porphyrogennetus
,
Divinitus
Coronatus
,
Regnator
potens
,
excelsus
,
&
semper
Augustus
&
Moderator
Romanorum
magnificus
:
Nobilissimo
&
Gloriosissimo
Regi
Almanorum
&
Imperatori
ac
dilecto
Fratri
Imperii
nostri
salutem
.
So
[
](A46988-e48000-b)(u)
(u)
Canis
.
Antiq.
●ect
.
Tom.
5.
p.
2.
Isaacus
Angelus
useth
this
insolent
Title
(
as
Mr.
Selden
calls
it
)
to
the
same
Barbarossa
,
Isachius
a
Deo
constitutus
,
Imperator
Sacratissimus
,
Excellentissimus
,
Potentissimus
,
Sublimis
,
Moderator
Romanorum
,
Angelus
totius
Orbis
;
Haeres
Coronae
magnae
Constantini
,
Dilecto
Fratri
Imperii
sui
Maximo
Principi
Alemaniae
,
&c.
So
the
Sirnamed
[
](A46988-e48060-b)(w)
(w)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Camerar
.
ad
aure
●m
And●onic
.
Bullam
,
p.
9.
Emanuel
stiled
himself
,
Governed
by
God
,
Heir
of
the
Crown
of
Constantine
the
Great
,
and
observing
of
his
Laws
.
The
Grand
Seignior
(
besides
the
Enumeration
of
all
his
vast
Dominions
)
particularly
stiles
himself
,
By
the
infinite
Grace
of
the
just
,
great
,
and
most
puissant
Creator
,
and
by
the
abundance
of
the
Miracles
of
the
chief
of
his
Prophets
,
Emperor
of
Victorious
Emperors
,
Distributer
of
the
Crowns
of
the
greatest
Princes
of
the
Earth
,
&c.
Lord
of
Europe
,
Asia
and
Africa
,
conquered
by
his
victorious
Sword
and
powerful
Lance
,
&c.
and
so
after
the
recital
of
the
several
Kingdoms
,
he
saith
of
many
other
Countries
,
Villages
and
Seigneuries
,
Conquered
by
his
Imperial
Power
and
Justice
,
&c.
By
the
Grace
of
God
,
the
resort
of
the
great
Princes
of
the
World
,
and
the
refuge
of
Honourable
Emperors
:
This
was
from
Achmet
Son
of
Mahomet
,
to
Hen.
IV.
of
France
.
A
late
Author
,
[
](A46988-e48210-b)(z)
(z)
Treatise
of
Absolute
Power
,
p.
32
,
33.
who
takes
all
the
Advantages
to
depress
Monarchy
,
out
of
a
pretence
of
declaring
against
the
too
great
absoluteness
of
Princes
;
tells
us
,
That
as
the
Majesty
and
real
greatness
of
the
Emperors
declined
;
and
as
the
Empire
began
to
sink
,
the
Froth
and
Flattery
came
above
:
so
that
though
Augustus
and
Tiberius
forbad
any
to
call
them
by
so
proud
a
Title
as
Dominus
;
Objecti●●s
against
the
A●tributes
given
to
Princes
.
yet
it
was
lawful
to
call
Domitian
Lord
and
God
,
and
his
Successors
were
not
satisfied
,
till
complemented
in
the
Abstract
,
with
Your
Everlastingness
,
Your
Eternity
,
Divinity
,
&c.
and
when
the
wooden
Eagle
was
split
in
two
,
that
Chip
of
the
Eastern
Empire
brake
out
into
Blossoms
to
a
Miracle
;
that
with
the
Porphyrogenneti
and
Despots
,
were
blown
about
the
Sebasto
Cratori
,
Pan-hypersebasti
,
protonobilissimi
,
&c.
and
that
after
these
Titles
among
the
Romans
(
so
pompous
and
glorious
)
had
been
worn
a
while
at
Court
,
they
descended
to
the
City
and
Country
:
and
further
tells
us
,
That
in
France
,
the
word
Sovereign
is
commonly
used
for
any
Superior
;
as
Sovereign
of
Accounts
,
Treasure
,
Forest
,
Sovereign
Judge
,
Sovereign
Bailiff
,
&c.
To
him
we
may
add
,
what
an
older
[
](A46988-e48360-b)(a)
(a)
Marcus
Antonius
surgens
Neapoli
illustrata
.
Lib.
1.
c.
19.
sect.
10.
Author
objects
;
That
it
is
an
Usurpation
of
the
Attribute
only
proper
to
God
,
to
give
the
Title
of
Majesty
to
Emperors
or
Kings
;
and
another
[
](A46988-e48380-b)(b)
(b)
Jo.
〈◊〉
de
Idololatr●a
Politica
,
c.
1.
saith
,
It
is
a
piece
of
Idolatry
to
assume
the
Titles
of
nostra
Divinitas
,
nostrum
numen
,
Coeleste
Oraculum
,
adorandum
Rescriptum
,
&c.
Which
were
used
by
Theodosius
and
Valentinian
,
and
other
Christian
Emperors
,
in
the
first
and
third
Person
,
as
I
have
before
largely
hinted
.
To
the
first
of
these
I
shall
answer
,
That
the
reason
of
Augustus
and
Tiberius
declining
the
Title
of
Dominus
,
was
because
in
that
Age
it
was
understood
as
a
Lord
over
Slaves
;
Answer
to
the
first
Objector
.
which
in
the
first
setling
of
the
Empire
,
would
have
caused
Heart
burnings
and
Rebellions
against
them
,
in
that
State
,
accustomed
to
Freedom
.
But
as
the
usage
of
the
word
came
afterwards
to
be
liquified
,
and
of
a
benign
and
softer
signification
;
so
there
was
no
reason
to
reject
it
,
especially
since
the
Author
himself
(
if
no
Quaker
)
would
not
think
it
unfit
in
Latin
,
to
be
used
to
him
as
a
Gentleman
:
and
as
to
the
invidious
Expression
of
the
wooden
Eagle
,
he
might
have
known
,
that
the
Ancient
Vexilla
of
the
Emperors
,
which
had
the
Eagle
upon
them
,
as
he
may
see
the
Figure
of
them
in
Antonius
,
and
many
other
Coyns
,
were
not
always
of
Wood
;
and
if
so
gilt
with
Silver
or
Gold
,
but
of
Metal
:
But
it
may
be
he
calls
it
wooden
,
out
of
a
sleight
to
the
Authority
,
or
the
better
to
pursue
his
Allegory
of
a
Chip
blossoming
.
However
it
discovers
the
mean
and
low
opinion
he
hath
of
such
Supreme
Powers
.
As
to
the
Hyperbolical
Epithetes
of
the
Grecian
Emperors
;
something
must
be
yielded
to
the
luxurious
exuberance
of
the
Grecian
Language
,
and
the
usage
of
the
Eastern
Countries
;
and
that
Sovereign
is
sunk
so
low
in
France
,
as
to
be
the
Epithete
of
a
Baylive
,
it
may
be
ascribed
to
the
Acceptation
of
the
word
,
in
signifying
any
Supreme
Officer
in
his
kind
,
as
we
call
Lord
High
Treasurer
,
Lord
High
Steward
,
to
distinguish
them
from
inferior
Treasurers
and
Stewards
.
As
to
the
two
following
Authors
,
it
may
be
considered
what
the
judicious
Mr.
Answer
to
the
other
Objectors
.
Selden
observes
,
That
the
Title
of
Majesty
may
as
well
be
afforded
to
them
,
as
of
Wisdom
,
Power
,
Clemency
,
or
any
other
Quality
;
because
those
are
,
as
all
else
,
which
is
great
or
good
,
principally
in
God
:
Therefore
[
](A46988-e48570-b)(c)
(c)
Divi
Christiani
vocari
possunt
,
eo
modo
quo
Dii
,
quia
Dei
sunt
vicarii
,
&
Dei
voce
judicant
.
Polit.
lib.
7.
c.
4.
sect.
4.
Contzen
,
in
the
last
Age
,
Professor
of
Divinity
at
Mentz
,
saith
,
That
Christian
Princes
may
be
called
Divi
,
or
Gods
,
because
they
are
Gods
Vicars
,
and
do
judge
by
Gods
Voice
:
Yet
he
thinks
that
Divus
Imperator
,
nostra
Divinitas
,
nostra
Aeternitas
,
and
such
like
,
are
not
altogether
so
fit
for
Christian
Princes
,
for
fear
both
of
their
arrogating
more
than
they
should
,
when
they
are
so
magnified
;
as
also
lest
too
much
offence
be
taken
by
such
as
may
miss
in
the
Reason
of
the
Application
of
those
Titles
to
them
.
We
may
further
note
,
from
the
learned
Selden
,
That
when
the
Lacedaemonians
admired
a
Man
,
they
used
proverbially
to
say
,
he
is
a
Divine
Man
;
and
the
Philosopher
[
](A46988-e48660-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Ethic.
7.
c.
1.
saith
,
That
Men
became
to
be
reputed
or
called
Gods
,
from
the
excellence
of
their
Heroic
Vertues
;
and
these
Vertues
and
themselves
also
,
were
(
as
he
says
)
called
Divine
,
by
way
of
some
similitude
,
or
by
reason
of
Participation
with
the
Deity
,
being
all
goodness
and
excellency
,
as
the
contrary
quality
,
that
is
,
Inhumanity
or
Barbarousness
is
named
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Feritas
,
because
it
is
most
like
to
what
is
Bestial
.
So
that
as
he
who
affirms
,
that
a
Barbarous
or
Inhuman
Fellow
,
is
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Bestial
,
makes
but
an
high
Expression
of
his
ill
nature
,
not
at
all
supposing
him
to
be
a
Beast
;
so
on
the
other
side
,
Divinus
or
Divinitas
,
or
the
like
expresseth
only
an
Admiration
of
Excellency
,
which
hath
its
highest
and
first
Example
in
the
Deity
,
and
is
by
some
Similitude
or
Participation
in
the
Person
to
whom
it
is
attributed
.
Therefore
[
](A46988-e48750-b)(e)
(e)
Antiquitus
Rectores
Reipublicae
Divini
vocabantur
,
quasi
Divinae
providentiae
ministri
2a
.
2ae
.
Quaest.
99.
Art.
1.
Aquinas
saith
.
That
anciently
,
Governours
of
Commonweals
were
called
Divine
,
because
they
were
the
Ministers
of
Divine
Providence
:
They
being
here
upon
Earth
in
their
Dominions
under
God
Supreme
Governours
,
undisputably
in
Civils
,
as
Philip
le
Beau
of
France
to
Pope
Boniface
the
Eighth
,
in
his
scornful
Letter
,
saith
,
instead
of
sciat
sanctitas
tua
,
sciat
tua
maxima
fatuitas
nos
in
temporalibus
alicui
non
subesse
:
That
in
Temporals
he
was
not
subject
to
any
.
Instead
of
these
lofty
Titles
,
the
modern
Sovereigns
have
contented
themselves
with
the
Addition
of
Dei
Gratia
,
Concerning
the
Style
of
Dei
gratia
.
which
applied
to
Lay
Princes
,
doth
always
signifie
a
Supremacy
in
their
own
Dominions
.
This
Stile
begun
about
Charles
the
[
](A46988-e48890-b)(f)
(f)
Vide
Capitular
.
Aqu●●●ranens
.
p●
.
30.
Tom.
●
.
Concil.
〈◊〉
.
Great
's
time
,
as
in
several
of
his
Patents
appears
;
neither
did
it
continue
in
use
by
his
Successors
,
till
about
four
Hundred
years
since
:
F●●
Otho
the
Third
titled
himself
sometimes
nothing
but
〈◊〉
●●octolorum
;
and
Mr.
Selden
hath
not
observed
it
to
be
〈◊〉
by
the
Greek
Emperors
,
but
that
instead
of
it
,
they
used
,
[
](A46988-e48960-b)(g)
(g)
Tit.
Hon.
par.
1.
c.
7.
Crowned
of
God
;
the
more
ordinary
and
later
Expression
of
them
being
trusting
[
](A46988-e48990-b)(h)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Vide
Eginhard
.
Annal.
Franciae
,
Anno
Anon.
vita
Car.
M.
in
Christ
,
that
is
God
,
or
in
God
Emperor
of
the
Romans
.
With
us
in
England
,
Ine
King
of
the
West
Saxons
,
that
lived
many
years
before
Charles
the
Great
,
useth
it
,
IC
INE
MIDGODES
GIFT
WEST
SEAXNA
CYNING
:
I
Ine
by
the
Grace
of
God
,
King
of
the
West
Saxons
,
in
his
preamble
to
his
Laws
:
But
until
about
our
Henry
the
Third
,
it
was
not
of
so
constant
use
,
as
that
the
Stile
of
the
King
necessarily
required
it
.
This
Stile
of
Dei
Gratia
is
frequently
given
in
old
time
,
Given
to
Spiritual
Lords
.
and
yet
in
use
,
to
Spiritual
Lords
,
nothing
being
more
common
in
the
Instruments
of
Bishops
and
Abbats
,
in
the
Chartularies
of
Monasteries
;
and
it
is
given
from
Kings
to
them
in
the
Summons
of
Parliament
,
and
Writs
to
Assemble
or
Prorogue
Convocations
in
this
form
,
Jacobus
,
&c.
Reverendissimo
in
Christo
●●tri
,
praedilectoque
&
fideli
Consiliario
nostro
,
Georgio
eade●●
〈…〉
Archiepiscopo
Cantuariensi
,
&c.
But
at
this
day
,
though
it
〈◊〉
●●ven
to
them
,
they
use
it
not
in
the
first
Person
,
but
De●
[
](A46988-e49160-b)(i)
(i)
Rosula
Novella
,
〈◊〉
.
cap.
111.
●●mentia
,
or
Providentia
Divina
;
and
in
older
times
,
when
they
writ
to
the
Pope
,
Emperor
or
King
,
they
were
not
to
write
Dei
Gratia
of
themselves
,
but
only
such
or
such
,
licet
indignus
,
vel
immerens
,
Bononiae
Episcopus
,
&c.
By
all
these
Titles
we
cannot
but
observe
,
that
the
dignity
of
Kings
and
Sovereigns
,
was
looked
upon
in
all
Ages
,
as
deriving
Authority
from
God
Almighty
,
and
his
Vicegerents
here
upon
Earth
;
having
the
Attributes
of
God
,
that
as
he
was
Supreme
over
all
things
in
Heaven
and
Earth
,
so
they
within
their
Districts
upon
Earth
.
I
shall
end
this
Chapter
with
this
Observation
,
That
the
Attribute
of
Dei
Gratia
applied
to
Sovereigns
and
Bishops
,
might
probably
have
Authority
from
the
Constitution
of
Justinian
,
[
](A46988-e49260-b)(k)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
&c.
Just.
No●
.
6.
init
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Ibid.
which
runs
thus
.
The
greatest
Gifts
which
Gods
goodness
from
above
,
hath
conferred
on
Men
,
are
the
Priesthood
and
Empire
,
both
of
which
proceed
from
one
and
the
same
Principle
,
and
are
for
the
ordering
and
disposing
of
the
Affairs
of
Mankind
.
Concerning
the
peculiar
Title
of
our
Kings
of
England
,
Defender
of
the
Faith
,
the
learned
Spelman
having
given
us
th●
Copy
of
the
Bull
,
and
discoursed
so
fully
of
it
,
I
shall
〈◊〉
the
curious
Reader
to
him
for
satisfaction
.
CHAP.
XVII
.
Of
the
Soveraignty
of
the
Kings
of
England
,
according
to
our
Histories
and
Laws
.
THE
Titles
and
Attributes
which
other
Soveraign
Princes
have
either
assumed
,
The
Kings
of
England
have
used
all
the
Titles
proper
to
Sovereign
Princes
.
or
have
been
given
to
them
,
our
Kings
of
England
have
used
,
as
might
be
made
appear
by
innumerable
Examples
:
But
I
shall
treat
but
of
a
few
,
and
shew
wherein
the
Soveraignty
is
discovered
,
and
what
ancient
Prerogatives
they
have
by
their
acts
of
Grace
quitted
;
and
lastly
,
how
the
long
Parliament
of
1641.
would
have
cramped
the
King's
Authority
.
First
as
to
the
Title
of
King
or
Emperor
promiscuously
.
So
our
Edgar
frequently
in
his
Charters
,
calls
himself
Albionis
&
Anglorum
Basileus
;
As
King
,
Emperour
,
Lord
.
and
I
have
noted
before
that
the
Grecians
esteemed
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
to
be
of
full
as
eminent
Signification
as
Emperor
.
So
in
a
Charter
[
](A46988-e49470-b)(a)
(a)
Cod.
Wigorn.
to
Oswald
,
Bishop
of
Worcester
,
he
is
called
Anglorum
Basileus
,
omniumque
Regum
,
Insularum
,
Oceanique
Britanniam
circumjacentis
,
cunctarumque
Nationum
quae
infra
eam
includuntur
,
Imperator
&
Dominus
.
In
which
we
may
note
that
one
of
our
Kings
of
England
writ
himself
not
only
Basileus
,
according
to
the
Grecian
usage
,
which
signified
King
and
Emperor
;
but
also
Emperor
and
Lord
,
three
of
the
fullest
Attributes
,
either
the
Grecian
,
or
Roman
Emperors
ever
used
;
as
also
Lord
of
the
British
Sea
,
as
Canutus
his
Successor
challenged
.
So
in
a
Charter
to
[
](A46988-e49580-b)(b)
(b)
Mon.
Ang.
par.
1.
p.
64.
Peterburg
,
Ego
Edgar
sub
ipso
sidereo
Rege
praesidens
Regno
Magnae
Britanniae
.
I
have
seen
another
[
](A46988-e49630-b)(c)
(c)
Lib.
MS.
Roberti
de
Swapham
,
&c.
Fundationis
Burgensis
Coenobii
p.
38.
of
his
Charters
prefaced
thus
,
Gratia
Domini
nostri
Jesu
Christi
omnium
seculorum
omnia
suo
Intuitu
distribuentis
Regna
terrarum
,
&
moderantis
habenas
rerum
.
Ego
Edgar
sub
ipso
eodem
Rege
praesidens
Regno
Britanniae
,
&c.
So
King
[
](A46988-e49670-b)(d)
(d)
Id.
p.
39.
Edward
in
the
same
Book
stiles
himself
,
Ego
Edwardus
Rex
Anglorum
Monarchiam
Regiminis
tenens
,
hoc
decretum
Patris
mei
per
deprecationem
Abbatis
Aidulfi
,
perhenniter
affirmavi
.
In
which
we
may
note
,
that
Edgar
owns
himself
subject
to
Jesus
Christ
,
God
.
And
King
Edward
saith
,
he
holds
the
single
Command
of
Government
.
So
King
Edward
in
a
[
](A46988-e49740-b)(e)
(e)
Coke
Praefat.
4.
Reports
.
Rex
Anglorum
&
totius
Britanniae
Telluris
Gubernator
&
Rector
.
Angligenum
Orcadarum
,
necnon
in
Gyro
jacentium
Monarcha
,
&
Anglorum
Induperator
.
Charter
to
Ramsey
,
stiles
himself
Totius
Albionis
,
Dei
moderante
Dominatione
,
Basileus
,
King
of
all
Albion
:
and
King
Edwin
in
a
Charter
to
Crowland
,
calls
himself
King
of
England
,
and
Governour
and
Ruler
of
all
the
Land
of
Britain
.
So
Ethelred
in
his
Charter
to
Canterbury
,
stiles
himself
Of
all
the
English
born
,
and
the
Oreades
lying
in
Circuit
about
it
,
Monarch
,
and
Emperor
of
the
English
.
So
that
by
Orcades
must
be
understood
all
the
Isles
about
Britain
.
So
William
Rufus
dates
his
Charter
to
the
Monastery
of
Shaftsbury
,
secundo
Anno
Imperii
mei
.
By
all
which
it
appears
that
the
Kings
of
England
have
justly
assumed
the
Supream
Imperial
Command
in
their
own
Dominions
:
and
though
the
Title
of
Emperor
hath
been
disused
,
Kings
of
England
as
much
Sovereigns
as
Emperours
.
yet
we
shall
find
the
substance
of
it
sufficiently
challenged
in
that
of
[
](A46988-e49960-b)(f)
(f)
Ipse
omnes
liberta●●s
〈◊〉
R●gno
habebat
suo
,
quas
Imperator
vendicabat
in
Imperio
.
Matt.
Paris
in
vita
Willielmi
2.
William
Rufus
to
Arch-Bishop
Anselm
,
when
he
told
him
,
That
he
had
all
the
Liberties
in
his
Kingdom
,
which
the
Emperor
challenged
in
the
Empire
.
And
in
a
Constitution
[
](A46988-e50000-b)(g)
(g)
R●g●um
Angliae
ab
om●i
subjectione
Imperiali
liberrimum
.
Claus.
13
E.
2.
m.
6.
dorso
.
of
King
Edward
the
Second
,
it
is
declared
,
That
the
Kingdom
of
England
is
most
free
from
all
Imperial
Subjection
;
which
excluded
all
public
Notaries
,
who
were
made
by
the
Emperor
or
Popes
,
and
by
this
Constitution
were
utterly
rejected
.
The
Statutes
for
it
.
This
further
appears
in
the
[
](A46988-e50060-b)(h)
(h)
Stat.
Anno
23
E.
3.
c.
1.
Vide
Coke
Instit.
2.
111.
4
part
.
6.
8.
3.
Instit.
120
,
125.
Statute
of
Praemunire
made
23
Ed.
3.
which
runs
thus
,
That
it
being
shown
by
the
grievous
and
clamorous
Complaints
of
the
great
Men
and
Commons
,
how
that
divers
of
the
People
be
,
and
been
drawn
out
of
the
Realm
to
answer
of
things
whereof
the
Cognizance
pertaineth
to
the
King's
Court
;
and
also
that
the
Judgments
given
in
the
same
Court
be
impeached
in
another
Court
in
prejudice
and
dis-inherison
of
our
Lord
the
King
,
and
of
his
Crown
,
&c.
Therefore
it
was
enacted
,
That
none
of
the
King's
Liege-People
,
of
what
condition
soever
,
shall
draw
any
out
of
the
Realm
in
Plea
,
whereof
the
Cognizance
appertaineth
to
the
King's
Court
,
or
of
things
whereof
Judgments
be
given
in
the
King's
Court
,
&c.
This
Statute
as
well
as
that
of
Provisors
25
Ed.
3.
was
made
to
hinder
the
Subjects
Appeals
to
Rome
,
or
to
any
other
Court
in
such
things
whereby
the
King's
Soveraignty
might
be
diminished
,
and
this
Statute
relates
to
one
made
by
King
Edward
the
First
.
Also
in
the
Statute
of
Provisors
,
25
Ed.
3.
reference
is
made
to
the
[
](A46988-e50220-b)(i)
(i)
Anno
35
Regni
.
Statute
made
at
Carlisle
,
by
King
Edward
the
First
.
The
Statute
of
[
](A46988-e50260-b)(k)
(k)
16
R.
2.
c.
5.
Praemunire
for
purchasing
Bulls
from
Rome
,
gives
an
account
of
the
preceding
Statutes
,
and
further
saith
,
Whereas
our
Lord
the
King
,
and
all
his
Liege-People
ought
of
right
,
and
of
long
time
were
wont
to
sue
in
the
King's
Court
,
to
receive
their
Presentments
to
Churches
,
Prebends
,
and
other
Benefices
of
Holy
Church
,
which
they
had
right
to
present
to
,
the
Conisance
of
Plea
,
of
which
Presentment
belongeth
unto
the
King's
Court
,
of
the
old
right
of
his
Crown
used
and
approved
,
&c.
then
particularly
enumerates
the
Encroachments
of
the
Bishop
of
Rome
,
by
Processes
,
Excommunications
of
Bishops
,
for
executing
Judgments
given
in
the
King's
Courts
,
and
the
translating
of
Prelates
out
of
the
Realm
,
or
from
one
spiritual
Living
to
another
,
against
the
King's
Laws
and
Regality
,
&c.
The
Statute
expresly
declares
,
That
the
Crown
of
England
hath
ever
been
so
free
,
that
it
is
in
no
Earthly
Subjection
,
but
immediately
subject
to
God
in
all
things
,
touching
the
Regality
of
the
Crown
,
and
to
no
other
.
Under
King
Henry
the
Eighth
,
[
](A46988-e50370-b)(l)
(l)
24
H.
8.
c.
12.
the
whole
Parliament
say
,
that
by
sundry
old
and
authentick
Histories
and
Chronicles
it
is
manifesty
declared
and
expressed
,
that
this
Realm
of
England
is
an
Empire
,
and
so
hath
been
accepted
in
the
World
,
governed
by
one
Supream
Head
,
and
King
,
having
the
Dignity
and
Royal
Estate
of
the
Imperial
Crown
of
the
same
;
unto
whom
a
Body
Politick
,
compact
of
all
sorts
and
degrees
of
People
,
divided
in
Terms
by
names
of
Spirituality
,
and
Temporalty
have
bounden
and
owen
to
bear
,
next
to
God
,
a
natural
and
humble
Obedience
.
The
next
[
](A46988-e50420-b)(m)
(m)
25
H.
8.
c.
21.
Year
in
another
Statute
,
it
is
stiled
the
Imperial
Crown
and
Royal
Authority
,
recognizing
no
Superior
,
but
only
Your
Grace
:
and
in
the
Chapter
following
,
the
Kings
of
England
are
stiled
Kings
and
Emperors
of
this
Realm
:
and
in
[
](A46988-e50460-b)(n)
(n)
28
H.
8.
c.
7.
another
of
the
same
King
,
it
is
called
,
The
most
Royal
Estate
of
the
Imperial
Crown
of
this
Realm
.
So
in
the
same
[
](A46988-e50490-b)(o)
(o)
Stat.
Hil●●●
.
〈…〉
8.
c.
2.
Year
(
before
the
Title
of
Lord
of
Ireland
was
altered
into
King
)
the
Stile
is
Kings
and
Emperors
of
the
Realm
of
England
,
and
of
the
Land
of
Ireland
;
and
in
several
other
Statutes
it
is
called
the
Imperial
Crown
.
I
have
inserted
these
to
clear
that
by
our
Laws
the
Kings
of
England
are
under
no
Subjectjon
to
any
foreign
Prince
or
Potentate
whatsoever
.
And
Mr.
[
](A46988-e50570-b)(p)
(p)
Tit.
H●●
.
p.
21
,
22.
Selden
saith
,
that
the
Supremacy
is
not
only
used
by
the
English
Sovereigns
,
but
hath
been
challenged
by
the
Kings
of
Spain
,
Denmark
,
Poland
,
the
Czars
of
Muscovy
and
other
free
Princes
;
over
all
within
their
own
Dominions
,
exclusive
of
all
foreign
Powers
:
and
upon
the
like
ground
of
Supremacy
was
that
Law
made
by
King
James
the
Third
of
Scotland
,
in
these
words
,
—
Our
Sovereign
Lord
has
full
Jurisdiction
,
and
free
Empire
within
this
Realm
,
&c.
A
Confirmation
of
this
Supremacy
of
our
Kings
appears
in
what
is
reported
of
our
King
Edward
the
Third
,
That
when
Lewis
[
](A46988-e50700-b)(q)
(q)
Quod
R●x
Anglix
non
se
submisit
ad
os●ula
pedum
suorum
.
of
Bavier
the
Emperor
,
had
an
Interview
with
him
,
the
Emperor
stomached
that
the
King
of
England
submitted
not
himself
to
kiss
his
Feet
.
But
the
King
answered
,
That
he
was
[
](A46988-e50730-b)(r)
(r)
Rex
inunctus
&
habet
vitam
&
membrum
in
potes●ate
sua
,
&
ideir●●
non
debet
se
submittere
tantum
sicut
Rex
alius
.
an
anointed
King
,
and
had
Life
and
Member
in
his
Power
,
therefore
he
ought
not
to
submit
himself
to
him
as
other
Kings
.
Whence
it
was
that
Alsonso
the
ninth
King
of
Castile
defining
what
Kings
were
,
(
after
he
had
dispatched
the
Particulars
that
belonged
to
the
Emperor
)
says
,
That
they
are
every
one
in
their
Kingdoms
,
the
Vicars
or
Vicegerents
of
God
,
placed
over
the
People
to
govern
them
,
[
](A46988-e50770-b)(s)
(s)
Bien
assi
come
el
Emperador
en
su
Imperio
.
Partid
.
2.
tit
.
1.
Ley
5.
&
8.
no
otherwise
than
as
the
Emperor
is
in
his
Empire
.
Whoever
desires
further
Satisfaction
in
this
Point
,
may
have
recourse
to
the
voluminous
Collections
of
Mr.
Pryn
,
and
other
Authors
that
have
treated
of
the
Kings
Supremacy
.
Most
of
what
I
have
hitherto
discoursed
,
relates
to
the
King's
Supremacy
,
ab
extra
,
that
he
hath
no
foreign
Superior
,
that
ought
to
impose
any
thing
upon
him
or
his
Subjects
,
contrary
to
his
Pleasure
and
his
Laws
in
his
Dominions
.
I
shall
now
give
a
short
Abridgement
of
what
I
find
our
learned
Lawyers
have
writ
concerning
the
King's
Authority
and
Sovereignty
,
in
his
Kingdom
of
England
,
and
how
,
Wherein
the
King's
Sovereignty
consists
according
to
our
Laws
.
in
former
Ages
,
Kings
have
quitted
some
of
their
Royal
Prerogatives
.
In
our
Laws
the
King
is
stiled
in
Ecclesiastical
matters
,
the
Supreme
Ordinary
;
[
](A46988-e50850-b)(t)
(t)
Cok●
11.
86.
Calvin's
Case
,
215.
in
Civil
matters
,
caput
Reipublicae
,
Pater
Patriae
,
totius
Regni
Pater-Familias
,
Chief
Justice
,
&c.
being
furnished
with
plenary
Power
,
to
render
Justice
and
Right
to
every
Member
and
part
of
the
whole
Body
,
[
](A46988-e50900-b)(u)
(u)
Co●●
2
part
.
1
,
2.
24
H.
8.
c.
1.
24
Eliz.
c.
1.
without
the
help
of
Foreign
Jurisdiction
.
Some
Attributes
of
God
in
a
similitudinary
way
(
say
[
](A46988-e50960-b)(w)
(w)
〈◊〉
8●
.
〈◊〉
177
.
2●8
,
212
〈…〉
the
great
Lawyers
)
are
aseribed
to
him
for
the
Excellency
of
his
Person
,
and
the
greatness
of
his
Office
,
as
Sovereignty
and
Power
,
Omnipresence
,
Majesty
,
Immortality
,
&c.
In
his
Political
[
](A46988-e51000-b)(x)
(x)
〈…〉
Grand
Ab●i●gment
,
part.
3.
p.
44.
Capacity
,
not
subject
to
the
Infirmities
of
others
,
as
Nonage
,
Death
,
Attainder
,
&c.
So
no
Laches
,
Negligences
,
Defects
,
or
Stops
of
Blood
,
can
be
imputed
to
,
or
fastned
upon
him
,
as
is
well
known
in
the
case
of
King
Henry
the
Seventh
,
[
](A46988-e51060-b)(y)
(y)
St.
Albans
vita
●en.
7.
p.
29.
wherein
it
was
unanimously
resolved
by
the
Judges
,
That
his
Natural
Capacity
doth
so
far
participate
with
the
Politic
(
which
is
superadded
to
the
Body
natural
of
the
King
)
that
these
become
consolidate
,
consubstantiate
and
indivisible
in
one
and
the
same
Royal
Person
,
and
the
Body
Politic
(
which
is
the
more
worthy
,
and
of
a
sublimer
Nature
)
is
in
no
ways
obnoxious
to
the
Humane
Imbecillity
of
Death
,
Infamy
,
Crime
,
or
the
like
,
but
doth
draw
from
the
Natural
Body
,
all
Imperfections
and
Incapacities
whatsoever
.
So
that
there
is
,
by
the
Law
,
said
to
be
in
the
King
,
[
](A46988-e51080-b)(z)
(z)
Sheppard
ut
supra
.
a
threefold
greatness
of
Perfection
;
First
of
being
freed
from
Infamy
and
all
kind
of
Imperfections
common
to
Man
:
Secondly
,
of
Power
,
in
having
the
command
of
all
his
People
:
Thirdly
,
of
Majesty
,
being
the
Fountain
of
Honour
,
Justice
,
and
Mercy
.
The
King
is
Gods
immediate
Viceroy
[
](A46988-e51130-b)(a)
(a)
C●k
2.44.5.29
.
within
his
Dominions
Vicarius
Dei
:
As
his
Protection
and
Government
reacheth
to
all
his
People
as
Subjects
;
so
the
Allegiance
and
Obedience
of
them
all
,
is
due
to
him
as
their
Sovereign
,
whether
Ecclesiastical
or
Civil
,
and
so
he
is
Persona
mixta
;
his
Prerogatives
are
called
Jura
Regalia
,
Insignia
Coronae
,
Ancient
Prerogatives
and
Royal
Flowers
of
the
Crown
,
so
inseparably
annexed
to
the
Crown
,
that
none
but
the
King
may
have
them
,
nor
can
they
be
communicated
to
,
or
taken
by
any
Subject
.
[
](A46988-e51190-b)(b)
(b)
Bracton
lib.
1.
c.
8.
Stat.
25
H.
8.
c.
21.
Nemo
terram
nisi
Authoritate
R●gia
possi●et
.
Plowden
136.
Jenkins
Cent.
7.
Case
77.
&
2.
Case
16.17
E.
2.
c.
17.
Nevil
101.174
.
All
Lands
are
said
to
be
held
of
him
immediately
or
mediately
,
he
can
hold
of
no
Man
,
or
any
be
equal
to
him
,
as
to
be
joynt
Tenant
of
Land
with
him
,
and
his
Jurisdiction
is
over
all
places
within
his
Dominions
,
both
on
the
dry
Land
and
on
the
Sea
.
The
Judges
are
to
observe
it
as
a
certain
Rule
,
That
whatever
may
be
for
the
benefit
of
the
King
,
and
his
profit
,
shall
be
taken
most
largely
for
him
;
and
what
against
him
,
and
for
his
disprofit
,
be
taken
strictly
:
neither
is
it
only
the
duty
of
Judges
,
but
of
all
other
his
Subjects
in
their
Stations
,
to
help
the
King
to
his
Right
.
The
Perogatives
are
many
and
great
,
yet
such
as
are
his
by
the
Ancient
Law
of
the
Land
,
and
what
the
Kings
of
England
have
,
time
out
of
mind
,
used
,
and
are
such
as
are
of
absolute
[
](A46988-e51350-b)(c)
(c)
Co●e
12.8.30.2
.
part
.
Instit.
262.496.5
.
part.
11.2.8
.
necessity
,
for
the
security
of
the
Government
,
and
the
Public
weals
:
As
to
call
and
dissolve
Parliaments
,
give
his
Royal
Assent
to
Laws
,
command
the
Militia
,
coyn
Moneys
,
grant
Honors
,
make
and
dispose
of
the
great
Seal
,
dispense
with
penal
Laws
,
pardon
Felonies
and
Treasons
,
make
and
appoint
great
Officers
,
Justices
of
Eyre
and
Assize
,
of
the
Peace
,
Gaol-delivery
,
and
Sheriffs
,
to
grant
Charters
to
Corporations
and
other
Persons
,
or
Fraternities
:
He
hath
the
sole
Power
of
appointing
,
ratifying
and
consummating
all
Treaties
with
Foreign
Princes
,
making
War
and
Peace
,
granting
Safe-Conduct
and
Protection
;
and
all
these
and
many
other
,
are
firmly
ascertained
[
](A46988-e51400-b)(d)
(d)
Quod
Rex
est
〈◊〉
,
Lex
est
Regi
;
Rex
est
Amma
〈◊〉
,
&
Lex
est
Anima
Regi
.
by
Laws
,
and
have
ever
been
,
and
still
are
,
in
the
King
alone
,
and
at
his
own
Discretion
.
Although
there
is
no
need
in
describing
the
Sovereignty
of
our
Kings
,
to
carry
it
up
to
that
absoluteness
of
Monarchy
,
where
all
things
are
appointed
and
reversed
by
the
Sovereigns
fiat
:
yet
[
](A46988-e51430-b)(e)
(e)
Jus
Regium
p.
42.
we
must
on
the
other
side
consider
,
That
the
Monarchy
,
which
is
subject
to
the
impetuous
Caprices
of
the
Multitude
,
when
giddy
,
or
to
the
incorrigible
Factiousness
of
the
Nobility
,
when
interested
,
is
,
in
effect
,
no
Government
at
all
;
it
must
be
owned
,
That
in
all
Governments
a
Sovereignty
must
reside
some where
,
and
a
Monarch
can
〈◊〉
no
Participants
.
For
then
it
would
cease
to
be
a
Monarchy
,
and
in
things
that
relate
immediately
to
Government
,
the
King
hath
as
much
right
to
regulate
them
(
as
to
instance
,
to
restrain
the
Licence
of
the
Press
or
secure
Peace
)
as
we
have
to
regulate
and
dispose
of
our
Property
;
Government
being
the
Kings
Property
:
for
with
the
Monarchy
,
the
King
must
enjoy
all
things
that
are
necessary
for
the
Administration
of
it
,
according
to
that
just
Maxim
[
](A46988-e51450-b)(f)
(f)
Quando
aliquid
●oneditur
,
omnia
concessa
videntur
sine
quibus
concessum
explicari
nequit
.
of
the
Law
,
When
any
thing
is
granted
,
all
things
seem
to
be
granted
,
without
which
the
thing
granted
cannot
be
explained
:
Which
warrants
the
Kings
Advocate
of
Scotland
,
to
lay
that
down
as
a
general
[
](A46988-e51470-b)(g)
(g)
Jus
Regium
p.
77.
Rule
,
That
their
Kings
can
do
every
thing
that
relates
to
Government
,
and
is
necessary
for
the
Administration
thereof
,
though
there
be
no
special
Law
or
Act
of
Parliament
for
it
,
if
the
same
be
not
contrary
to
the
Law
of
God
,
Nature
or
Nations
.
The
Power
and
Authority
of
the
Kings
of
England
,
have
been
much
more
unbounded
than
they
are
at
present
.
[
](A46988-e51500-b)(h)
(h)
Part
1.
c.
16.
sol.
34.
Bracton
speaking
of
his
time
,
saith
,
That
neither
the
Justices
or
private
Persons
might
dispute
the
Kings
Charter
;
but
if
there
were
a
doubt
of
it
,
the
Resolution
must
come
from
the
Kings
own
Interpretation
.
If
Justice
be
demanded
of
the
King
(
saith
[
](A46988-e51550-b)(i)
(i)
Idem
,
lib.
1.
c.
8.
p.
5.
he
)
seeing
no
Writ
lies
against
him
,
one
must
petition
that
he
would
correct
and
amend
what
he
hath
done
.
By
the
Condescensions
of
gracious
Princes
,
such
Restrictions
have
been
made
of
their
Sovereign
Absoluteness
,
By
the
Grants
and
Condescensions
of
our
Kings
,
their
Absoluteness
lessened
.
that
they
have
obliged
themselves
to
govern
their
Kingdoms
(
transmitted
to
them
with
such
Limitations
,
by
their
numerous
Ancestors
)
by
Rules
of
Law
,
Equity
,
Justice
,
and
right
Judgment
,
in
Imitation
of
their
Supreme
Head
and
Omnipotent
Monarch
.
That
therefore
it
may
demonstratively
appear
how
happily
the
Government
of
England
is
constituted
for
the
Benefit
of
the
Subjects
(
who
under
so
benign
a
Monarchy
,
enjoy
more
Advantages
in
the
Security
of
their
Persons
and
Proprieties
,
than
under
the
most
free
Commonwealth
that
ever
we
read
of
)
I
shall
lightly
touch
upon
some
of
those
Particulars
,
which
the
Kings
of
England
(
by
reason
of
several
Acts
of
Parliament
,
they
have
given
their
Royal
Assents
to
)
have
precluded
themselves
from
the
single
Disposal
of
,
as
in
Absolute
Monarchies
are
used
;
yet
I
hope
to
make
it
clear
in
several
Branches
of
this
Discourse
,
That
there
is
no
such
thing
as
Co-ordinacy
of
any
other
Power
,
or
such
a
mixture
as
vitiates
the
Monarchy
by
a
debasing
Alloy
;
much
less
that
the
Government
can
be
Arbitrary
or
Tyrannical
;
which
hath
sheathed
the
Sword
of
Justice
within
the
Velvet
Scabbard
of
the
Laws
,
and
lined
the
Scarlet
Robes
of
Majesty
with
the
softest
Ermine
of
Indulgence
to
well
deserving
Subjects
,
who
by
their
Obedience
and
Considerateness
,
make
their
Princes
and
their
own
Happiness
most
perfect
.
For
it
is
equally
unhappy
to
Princes
and
Subjects
,
where
[
](A46988-e51640-b)(k)
(k)
Alii
Principes
Reges
hominum
,
ipse
Rex
Regum
.
Maximilian's
Jest
is
true
,
That
whereas
other
Princes
were
Kings
of
Men
,
he
was
King
of
Kings
,
because
his
Subjects
would
do
but
only
what
they
list
.
But
to
come
to
the
Particulars
of
Royal
Abatements
and
Indulgences
.
The
Kings
of
England
may
not
rule
their
People
by
their
Will
,
or
by
Proclamation
,
as
the
Roman
Emperors
by
their
[
](A46988-e51690-b)(l)
(l)
〈◊〉
,
lib.
2.
c.
8.
The
Particulars
of
Royal
Abatements
.
Edicts
;
or
make
new
Laws
,
or
change
any
of
the
old
standing
Laws
,
without
the
mutual
Consent
of
the
two
Houses
of
Parliament
:
He
may
not
oppress
the
People
,
or
in
any
Arbitrary
way
,
take
from
them
their
Liberties
or
Estates
,
under
any
pretence
whatsoever
,
without
due
course
of
Law
.
Nor
can
he
impose
upon
their
[
](A46988-e51720-b)(m)
(m)
Stamford's
Pleas
of
the
Crown
.
Persons
,
what
Charges
or
Burthens
he
pleaseth
,
but
according
to
,
and
by
the
Laws
of
the
Kingdom
.
He
cannot
do
any
thing
against
the
Law
of
the
Nation
,
or
against
common
Right
;
cannot
change
Ancient
Customs
:
for
a
Legal
[
](A46988-e51740-b)(n)
(n)
H●ghs
's
Reports
,
254.263
.
Cous●uetudo
l●galis
plus
habet
quam
concessio
Regalis
.
Custom
is
more
available
than
a
Royal
Concession
;
yet
on
the
other
side
,
that
Custom
which
advanceth
against
the
Prerogative
of
the
King
,
is
void
.
He
cannot
impose
Arbitrary
[
](A46988-e51780-b)(o)
(o)
Petit.
of
Right
,
3
Car.
1.7
Car.
1.
c.
17.
payments
,
erect
new
Offices
of
Charge
to
the
Subject
;
may
not
deny
or
delay
Justice
,
may
not
compel
his
People
to
make
Gifts
,
Loan
,
Benevolence
,
or
Tax
,
without
consent
of
the
two
Houses
.
The
King
[
](A46988-e51830-b)(p)
(p)
2
Car.
1.
c.
1.
Coke
12.46.2
part
.
Brown
lib.
2.
c.
2.
Coke
Instit.
2
part
.
47
,
48.
Petition
of
Right
.
Dyer
176.
may
not
imprison
without
just
Cause
,
nor
keep
any
Mans
Cause
from
Tryal
;
may
not
send
any
man
out
of
the
Realm
without
his
own
Consent
;
may
not
,
in
time
of
Peace
,
Billet
or
Quarter
Soldiers
or
Mariners
upon
his
People
,
against
their
Wills
;
may
not
grant
Commission
to
try
Men
by
Martial
Law
in
time
of
Peace
,
nor
to
determine
any
matters
of
difference
betwixt
Subjects
,
other
ways
than
by
ordinary
[
](A46988-e51930-b)(q)
(q)
21
Jac.
c.
31.
Coke
11.87
.
Plowden
497.
course
of
Law
and
ordinary
Courts
;
may
not
,
by
Patent
or
Licence
,
make
a
grant
of
a
Monopoly
,
or
the
benefit
of
a
Penal
Law
,
or
give
a
Power
to
dispense
with
Penal
Laws
in
some
Cases
.
[
](A46988-e51990-b)(r)
(r)
Coke
11.87
.
He
may
not
have
,
or
take
,
that
he
hath
right
to
,
which
is
in
the
Possession
of
another
,
but
by
due
course
of
Laws
;
and
may
not
make
new
,
or
alter
old
Courts
of
Justice
,
unless
to
be
kept
after
the
Course
of
the
Law
,
and
not
in
Course
of
Equity
;
Nor
[
](A46988-e52010-b)(s)
(s)
Sheppard's
Grand
Abridgment
,
part
3.
fol.
49.
alter
the
Courts
of
Westminster
,
that
have
been
time
out
of
mind
,
nor
erect
new
Courts
of
Chancery
,
Kings-Bench
,
Common-pleas
,
or
Exchequer
.
[
](A46988-e52070-b)(t)
(t)
Fleetwood
,
lib.
1.
c.
8.
He
may
not
by
his
last
Will
and
Testament
,
under
the
great
Seal
,
or
otherwise
,
dispose
of
the
Government
,
or
of
the
Crown
it self
;
nor
give
and
grant
away
the
Crown-Lands
or
Jewels
,
which
he
hath
in
his
Politic
Capacity
,
nor
give
away
any
of
the
incommunicable
Prerogatives
.
By
these
Abatements
of
Power
and
gracious
Condescentions
of
the
Kings
of
England
,
for
the
Benefit
and
Security
of
the
Subject
;
No
Power
co-ordinate
with
the
King
's
.
we
are
not
to
conclude
,
that
there
either
is
,
or
can
be
any
Co-ordination
or
Coaequality
of
any
State
,
Order
or
Degree
of
the
Subjects
with
the
Sovereign
,
nor
any
Competition
of
the
Subjects
Power
(
in
his
Concurrence
)
with
the
Vertual
and
Primary
Influence
of
the
Sovereign
;
but
a
plain
Subordination
and
subjected
Ministration
of
the
one
,
under
the
Sovereignty
of
the
other
.
For
although
there
is
a
Co-operation
of
the
Members
with
the
Head
,
for
the
performing
some
Acts
of
State
,
and
they
may
seem
Orders
or
States
coaequally
Authorized
in
the
Power
of
Acting
with
the
Sovereign
,
in
Petitioning
for
,
advising
,
or
consulting
about
,
or
consenting
upon
the
Kings
Summons
to
Laws
.
And
although
in
judging
and
determining
matters
of
Private
Interest
,
the
King
hath
not
an
Arbitrary
Judgment
,
but
is
restrained
to
the
Judgment
,
to
be
administred
by
the
proper
sworn
Judges
in
his
Courts
,
whom
he
appoints
to
judge
according
to
his
Laws
;
and
in
the
making
of
Laws
,
his
Power
and
Judgment
is
restrained
to
the
Concurrence
of
the
Nobles
,
and
Commons
in
Parliament
:
yet
in
all
other
things
(
wherein
he
is
not
expresly
restricted
by
any
Law
of
his
own
or
Progenitors
granting
)
he
retaineth
the
absolute
Power
,
as
in
the
particulars
before
mentioned
,
and
in
the
Chapters
of
Parliaments
I
shall
further
discourse
.
In
the
Rebellion
under
King
Charles
the
First
,
the
[
](A46988-e52160-b)(u)
(u)
Observations
on
His
Majesty's
Messages
,
&c.
The
Rebels
in
1641.
would
have
lessened
the
King's
Sovereignty
,
and
placed
it
in
the
People
,
or
their
Representatives
.
Pencombatants
for
the
Party
(
knowing
they
had
the
whole
Current
of
the
Laws
against
them
)
made
a
great
noise
and
bustle
with
Sophisms
,
and
plausible
specious
Pretences
,
to
captivate
the
Populace
;
and
nothing
was
more
frequent
than
the
Misapplication
of
that
of
the
Philosopher
,
That
the
King
was
Singulis
major
,
but
Vniversis
minor
:
Inferring
from
thence
,
That
the
Collective
Body
of
the
People
,
and
their
Representatives
,
were
Greater
in
Authority
than
the
King
.
In
answer
to
which
,
it
may
be
observed
,
That
the
Aphorism
,
how
true
soever
in
any
other
sense
,
is
most
false
,
in
any
sense
,
of
Sovereignty
.
For
,
if
it
be
meant
,
That
the
King
is
a
better
Man
only
than
any
of
us
single
,
this
doth
not
tell
us
he
is
better
than
Two
;
and
this
is
no
more
than
possibly
he
might
be
before
he
was
King
:
For
we
must
needs
look
upon
Princes
,
as
Persons
of
Worth
,
Honour
,
and
Eminency
,
when
taken
from
the
People
;
which
the
superaddition
of
Royalty
did
not
destroy
.
Besides
,
any
Lord
of
the
Land
may
challenge
such
a
Supremacy
over
all
the
Knights
,
and
any
Knight
over
all
the
Esquires
.
Furthermore
,
if
Princes
be
Sovereigns
to
single
Persons
of
Subjects
only
,
and
not
to
the
universality
of
them
,
then
every
single
Subject
by
himself
is
a
Body
Politick
,
whereof
the
King
,
as
King
,
is
Head
;
and
so
the
Publick
Community
is
out
of
the
King's
Protection
,
he
being
no
King
as
to
them
in
a
complex
Body
.
Such
impudent
Falsities
,
and
many
more
destructive
Consequences
,
flow
from
such
absurd
Principles
:
And
if
the
Maxim
were
true
,
the
People
have
placed
a
King
not
over
,
but
under
themselves
.
But
they
enforce
the
Argument
still
further
,
That
the
Fountain
and
efficient
Cause
of
Power
is
the
People
;
and
from
hence
,
they
say
,
the
Inference
is
just
,
That
he
is
less
than
the
Universe
.
But
the
[
](A46988-e52220-b)(w)
(w)
Answer
to
Observations
,
p.
10.
Consequence
is
rather
the
contrary
:
For
,
suppose
the
People
were
the
efficient
Cause
of
Power
,
it
can
be
no
otherwise
than
by
translating
,
or
deriving
their
divided
Power
,
and
uniting
it
in
him
.
Since
then
they
cannot
retain
what
they
have
parted
with
,
nor
have
what
they
gave
away
,
it
follows
,
That
he
who
hath
all
their
Power
,
and
his
own
particular
besides
,
must
needs
be
greater
,
and
more
powerful
than
they
;
it
being
a
very
great
Truth
,
That
he
is
the
only
Fountain
of
Power
and
Justice
.
Another
of
their
Maxims
was
,
That
quicquid
efficit
tale
,
illud
est
magis
tale
:
And
they
assume
,
But
the
King
was
made
by
the
People
,
therefore
less
than
the
People
.
In
answer
to
which
,
it
is
apparent
,
the
Argument
is
Sophistical
,
as
being
built
on
a
Maxim
in
it self
amphibolous
,
which
is
not
simply
true
,
but
as
it
is
restricted
:
For
it
is
true
before
the
Effect
produced
,
not
after
.
So
a
Spark
firing
a
City
,
was
once
more
Fire
than
the
Houses
;
but
not
so
after
the
whole
Town
is
become
a
Flame
.
It
is
true
also
in
those
Agents
in
whom
the
Quality
by
which
they
operate
is
inherent
;
not
true
in
those
who
by
ways
of
Donation
divest
themselves
of
Power
or
Wealth
.
For
a
thing
cannot
retain
its
Fulness
,
after
it
hath
emptied
it self
.
If
the
Objector
have
an
Estate
,
which
he
would
willingly
improve
,
let
him
bestow
it
on
another
,
and
he
shall
make
him
rich
,
and
,
by
his
own
Argument
,
himself
richer
:
It
is
to
be
supposed
,
rather
than
such
an
one
will
part
with
his
Estate
,
he
will
find
an
Answer
to
his
Objection
.
As
to
the
minor
Proposition
,
I
have
before
cleared
,
I
hope
,
That
the
People
are
not
the
Original
Cause
of
Government
,
But
the
Observer
saith
,
They
are
the
Final
Cause
;
and
the
End
is
far
more
valuable
in
Nature
and
Policy
,
than
that
which
is
the
Means
:
therefore
the
Commons
,
whose
Good
is
the
final
End
of
all
Government
,
are
more
Honourable
than
the
Sovereign
.
But
the
Rule
holds
in
such
Means
only
as
are
valuable
by
that
relation
they
bear
to
their
Ends
,
and
have
no
proper
Goodness
of
their
own
.
A
King
is
not
so
to
his
People
.
If
we
look
back
to
his
first
Extraction
,
when
he
was
first
taken
from
the
People
to
be
set
over
them
,
we
must
needs
behold
him
as
a
Man
of
some
Worth
,
Honour
,
and
Eminence
;
which
the
superaddition
of
Royalty
did
not
destroy
,
but
encrease
;
and
to
be
a
means
of
his
Peoples
Preservation
,
is
very
consistent
with
the
Heighth
of
Honour
.
Besides
,
they
that
would
captivate
the
unthinking
Multitude
by
such
Fallacies
,
must
consider
,
that
the
Question
is
not
,
Who
is
Preferable
,
but
,
Who
is
Superiour
.
One
good
Christian
is
preferable
to
a
thousand
that
are
not
so
;
yet
his
Interest
in
the
Commonwealth
may
not
be
preferable
.
A
Shepherd
is
ordained
for
his
Flock
;
yet
a
Flock
of
Brutes
is
not
preferable
to
any
Reasonable
Creature
.
Further
,
the
King's
Interest
and
the
Peoples
are
inseparable
in
the
Construction
of
the
Law
,
which
presumes
,
what
the
King
doth
,
he
does
for
the
People
.
Whether
therefore
the
King's
Power
be
derived
from
God
,
or
the
People
,
it
is
preferable
.
If
from
God
,
because
his
Ordinance
:
If
from
the
People
,
because
the
People
have
elected
him
,
and
consented
it
[
](A46988-e52280-b)(x)
(x)
Jus
Regium
.
p.
68.
should
be
,
and
have
trusted
him
with
the
Publick
Interest
,
which
is
still
preferable
.
If
this
way
of
arguing
were
sound
,
Angels
being
Ministring
Spirits
for
the
good
of
Men
,
it
would
follow
,
That
Men
should
be
more
Honourable
than
Angels
;
and
the
poor
Client
should
be
a
better
Man
than
his
Learned
Counsellor
;
and
the
simple
Patient
,
than
his
Doctor
.
As
to
Bracton's
Authority
,
Rex
habet
superiorem
Deum
,
legem
item
Curiam
suam
,
I
must
refer
the
scrupulous
Reader
to
the
Book
called
The
Case
of
our
Affairs
,
p.
14.
CHAP.
XVIII
.
That
the
Sovereign
is
unaccountable
to
any
but
God
.
BEfore
I
come
to
treat
of
the
several
Branches
of
the
Sovereignty
of
Kings
in
the
Executive
parts
of
them
,
I
shall
from
the
general
Idea
of
their
Sovereignty
deduce
three
Corollaries
,
in
this
and
the
two
following
Chapters
,
which
seem
to
me
to
flow
naturally
from
the
Being
of
a
Sovereign
,
viz.
That
such
are
accountable
to
none
but
the
Great
Sovereign
of
the
Universe
:
And
secondly
,
may
dispense
in
some
Cases
with
the
Laws
:
And
lastly
,
must
not
be
resisted
or
rebelled
against
.
The
necessary
Motive
to
treat
of
the
Unaccountableness
of
Kings
,
the
Murther
of
King
Charles
the
First
.
If
there
were
no
other
Motive
to
induce
me
to
treat
of
this
Head
,
the
barbarous
Murther
of
the
Blessed
Martyr
King
Charles
the
First
,
would
have
the
same
power
as
the
sense
that
Croesus's
dumb
Son
had
to
see
his
Father's
Life
in
imminent
danger
,
which
made
such
a
violent
emotion
of
the
Spirits
,
as
unloosned
the
stiff
Ligaments
by
which
his
Tongue
was
contracted
,
or
forced
an
Irruption
of
Powerful
Spirits
to
invigorate
the
paralytick
Muscles
of
it
,
so
that
he
cried
out
,
Spare
my
Father
.
So
certainly
the
Consideration
of
such
an
High
Court
of
Justice
,
that
arraigned
and
sentenced
their
Sovereign
,
should
raise
an
Indignation
in
any
one
that
hath
sense
of
Allegiance
,
Duty
,
or
Religion
,
to
defend
that
as
a
Fundamental
Truth
,
That
Sovereigns
are
subject
to
no
Tribunal
but
that
of
their
Heavenly
Sovereign
.
In
the
handling
this
,
I
shall
pick
out
some
of
the
Assertions
of
Learned
and
Judicious
Authors
,
Heathens
and
Christians
,
and
annex
and
intersperse
such
Reasons
as
may
evince
it
;
and
then
show
,
That
this
doth
not
leave
Princes
to
a
Tyrannical
Liberty
;
and
lastly
,
give
some
short
Remarks
upon
the
unparallell'd
Sentence
of
the
Regicides
of
King
Charles
the
First
of
Immortal
Memory
.
[
](A46988-e52490-b)(a)
(a)
Vsher's
Power
of
Princes
,
part
4.
pag.
196.
Edit.
Cracovian
.
Divine
and
Humane
Authorities
to
prove
it
.
Rabba
bar
Nachman
,
in
his
great
Gloss
upon
Deuteronomy
,
saith
positively
,
No
Creature
may
judge
the
King
,
but
the
Holy
and
Blessed
God
alone
:
For
the
Original
Hebrew
of
which
,
and
the
place
of
Moses
from
whence
he
deduceth
this
Assertion
,
I
must
refer
the
Reader
to
the
Authors
cited
,
having
chosen
this
not
only
for
the
fulness
of
the
Expression
,
but
for
the
Antiquity
,
though
not
of
the
Comment
,
yet
of
the
Text
,
before
any
other
.
All
those
Places
also
in
Holy
Scripture
which
style
Princes
and
Judges
of
the
Earth
[
](A46988-e52590-b)(b)
(b)
Psal.
8.
5.
with
Heb.
2.7
.
and
Psal.
97.7
.
with
Heb.
1.6
.
Exod.
21.6
.
&
22.8
.
Gods
,
and
the
Sons
of
God
,
and
Psal.
82.6
.
I
have
said
ye
are
Gods
,
and
all
sons
of
the
most
High
;
which
in
the
Chaldee
Paraphrase
is
thus
rendred
,
Behold
,
ye
are
reputed
as
Angels
,
and
all
of
you
as
it
were
Angels
of
the
most
High
;
[
](A46988-e52680-b)(c)
(c)
Job
1.6
.
&
2.1
.
&
38.7
.
are
sufficient
Proofs
of
this
Truth
:
As
are
likewise
those
Places
that
tell
us
,
It
is
the
Will
of
God
that
we
[
](A46988-e52700-b)(d)
(d)
1
Pet.
2.13
,
15.
submit
our selves
to
these
Higher
Powers
,
for
his
sake
.
Therefore
[
](A46988-e52720-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Orat.
3.
de
Regno
.
St.
Chrysostom
calls
Regality
such
a
Government
as
is
not
subject
to
the
control
of
any
.
Sophocles
calls
it
[
](A46988-e52770-b)(f)
(f)
In
Antiq.
v.
11
27.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
Free
and
Independent
Regiment
;
and
[
](A46988-e52800-b)(g)
(g)
Xiphilin
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Marcus
Aurelius
in
Dio
,
an
Absolute
Kingdom
,
not
subject
to
the
Control
of
any
.
To
all
which
,
agrees
that
of
Horace
,
Lib.
3.
Carm.
Od.
1.
Regum
timendorum
,
in
proprios
Greges
,
Reges
in
ipsos
Imperium
est
Jovis
.
By
which
he
fully
expresseth
,
That
as
Kings
have
Power
over
their
Subjects
,
so
God
hath
the
Power
over
Kings
.
All
the
vast
Collections
that
may
be
made
,
of
Emperours
asserting
,
or
Subjects
owning
,
that
their
Authorities
are
from
God
,
that
God
gave
them
their
Kingdoms
,
they
were
Crowned
of
God
,
&c.
of
which
there
is
a
copious
Collection
in
Archbishop
[
](A46988-e52910-b)(h)
(h)
Power
of
Princes
,
a
pag.
47
ad
pag.
65.
Vsher
;
are
so
many
Arguments
to
prove
this
Assertion
,
That
as
they
derive
their
Authority
from
God
,
so
they
should
only
be
accountable
to
him
.
But
I
shall
now
proceed
to
more
positive
Authorities
.
Marcus
[
](A46988-e52970-b)(i)
(i)
Xiphilin
.
excerpt
.
ex
Dionys.
M.
Aureli●
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Aurelius
saith
,
Of
a
Free
Monarch
none
may
judge
but
God
alone
;
and
[
](A46988-e53000-b)(k)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Dion
.
Hist.
Rom.
l.
53.
Dion
Cassius
tells
us
,
That
Kings
are
loosened
from
the
Laws
,
that
is
,
they
are
freed
from
all
coactive
Obedience
to
them
,
and
are
held
by
none
of
the
written
Ordinances
.
So
[
](A46988-e53040-b)(l)
(l)
Ereptumque
Principi
illud
in
Principatu
beatissimum
,
quod
nihil
cogitur
.
Panaeg
.
Pliny
tells
us
,
That
the
happiest
thing
in
a
Princedom
is
,
that
the
Prince
may
be
constrained
to
nothing
.
Therefore
the
most
Judicious
[
](A46988-e53070-b)(m)
(m)
Vsher's
Power
of
Princes
,
p.
73.
Primate
saith
,
In
regard
of
themselves
,
Kings
are
said
to
be
exempted
from
Subjection
to
the
Laws
,
because
they
are
not
tied
(
otherwise
than
for
Convenience
,
and
good
Example
sake
)
to
the
observation
of
such
as
are
more
positive
and
temporary
Laws
;
and
because
they
are
not
liable
to
the
Civil
Punishment
set
down
for
the
breach
of
any
Law
,
as
having
no
Superiour
upon
Earth
,
that
may
exercise
such
Power
over
them
.
For
,
as
in
another
[
](A46988-e53100-b)(n)
(n)
Idem
,
p.
96.
place
he
saith
,
If
the
People
may
call
him
to
an
account
for
the
Breach
of
the
Law
,
the
State
is
plainly
Democratical
;
if
the
Peers
,
it
is
Aristocratical
;
and
if
either
,
or
both
,
it
cannot
be
accounted
Monarchical
.
To
which
we
may
add
that
of
the
Judicious
Lord
[
](A46988-e53130-b)(o)
(o)
Clarendon's
Survey
,
c.
29.
p.
163.
Chancellor
,
That
though
a
Prince's
violating
his
Faith
is
against
the
Law
of
Nature
,
yet
the
Obligation
doth
not
set
any
Judge
over
the
Sovereign
,
nor
doth
any
Civil
Law
pretend
there
is
any
Power
to
punish
him
.
It
is
enough
that
in
Justice
he
ought
to
do
it
,
and
that
there
is
a
Sovereign
in
Heaven
above
him
,
though
not
on
Earth
.
So
[
](A46988-e53180-b)(p)
(p)
Comment.
in
12.
Johannis
.
Cyril
of
Alexandria
saith
,
Who
dare
violate
the
Decrees
of
the
Kings
o
the
Earth
,
unless
he
himself
be
one
that
is
invested
with
Regal
Dignity
,
(
and
I
may
add
,
his
Superiour
:
)
For
in
such
the
Charge
of
transgressing
the
Law
hath
no
place
at
all
.
So
[
](A46988-e53230-b)(q)
(q)
Quando
Rex
delinquit
,
soli
Deo
reus
est
,
〈◊〉
hominem
non
habet
qui
e●●s
facta
dijudicet
.
In
Psal.
51.
Cassiodorus
saith
,
If
any
of
the
People
transgress
,
he
sinneth
against
God
and
the
King
;
but
when
the
King
offendeth
,
he
standeth
guilty
to
God
alone
,
because
he
hath
no
Man
to
be
Judge
of
his
Doings
.
So
Nicephorus
,
Catena
,
Lyra
,
Didymus
,
Arnobius
Junior
,
and
all
the
Commentators
on
the
fifth
Verse
of
the
51.
Psalm
,
on
those
Words
,
Against
thee
only
have
I
offended
,
concur
in
the
same
Assertion
,
That
Kings
are
subordinate
to
none
but
God
.
Nor
do
any
oppose
it
,
but
such
as
would
place
a
Mufti
or
Sanhedrim
above
Kings
.
Consentaneous
to
which
,
was
the
Sentence
of
the
[
](A46988-e53320-b)(r)
(r)
Nesas
est
in
dubium
deducere
ejus
potest
●em
,
cui
omnium
Gubernatio
superno
constat
del●gata
judicio
.
P.
514.
Council
of
Toledo
,
That
it
is
unlawful
to
call
his
Power
in
question
,
to
whom
the
Government
of
all
is
known
to
be
delegated
by
Judgment
from
above
.
[
](A46988-e53360-b)(s)
(s)
In
cujus
solius
pctestate
sunt
,
a
quo
sunt
s●cundi
,
post
quem
primi
.
Apolog.
c.
3.
Tertullian
speaking
of
the
Prerogative
of
Kings
,
saith
,
They
are
in
his
Power
alone
,
from
whom
they
are
second
,
and
after
whom
the
first
;
and
in
another
place
[
](A46988-e53390-b)(t)
(t)
Colimus
Imperator●m
ut
hominem
Deo
secundum
,
solo
Deo
minorem
.
Ad
Scap.
c.
2.
We
worship
the
Emperor
,
as
a
Man
next
to
God
,
and
who
hath
obtained
of
God
whatever
he
is
,
and
is
only
less
than
God
.
So
[
](A46988-e53420-b)*
*
Adversus
Parm.
l.
3.
Optatus
saith
,
Over
the
Emperor
is
none
but
he
that
made
the
Emperor
.
Therefore
St.
Chrysostom
[
](A46988-e53460-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Hom.
2.
ad
Pop.
Antioch
.
saith
,
The
King
is
top
and
Head
of
all
Men
on
Earth
,
having
none
upon
Earth
higher
than
himself
So
[
](A46988-e53490-b)(w)
(w)
V●pote
constituti
supra
l●ges
divino
examini
reservati
,
seculi
l●gibus
non
cohibentur
.
Praefat.
Chron.
Reasons
to
prove
it
.
Otto
Frisingensis
well
notes
,
That
Kings
alone
(
as
being
placed
above
Laws
)
are
reserved
to
Gods
Judgment
,
and
are
not
restrained
by
any
secular
Laws
.
There
is
good
Reason
for
all
this
.
For
if
the
Sovereign
were
obliged
,
ex
officio
,
to
give
an
account
of
his
Administration
to
his
Subjects
,
or
had
any
Superior
upon
Earth
to
exact
a
reason
of
his
Actions
(
if
he
governed
not
according
to
the
Laws
)
and
for
Transgressions
to
inflict
a
Punishment
upon
him
,
he
should
cease
from
being
a
Sovereign
.
As
in
the
Chapter
of
Non-resistance
I
shall
further
prove
.
It
is
a
Constitution
grounded
upon
Necessity
,
to
place
Impunity
somewhere
,
for
the
avoiding
Confusion
:
for
a
Circle
in
Government
would
be
of
most
pernicious
Consequence
;
and
infinitely
absurd
it
must
be
(
saith
a
late
[
](A46988-e53550-b)(x)
(x)
D.
Digs
against
Resistance
,
p.
39
,
40.
Author
)
that
any
should
challenge
a
right
to
rule
the
Rulers
,
and
be
Superior
to
the
Supream
.
[
](A46988-e53580-b)(y)
(y)
Jus
consistens
in
impunitate
delictorum
.
This
Dernier
resort
,
or
last
appeal
must
rest
somewhere
.
It
is
a
right
consisting
in
unpunishableness
for
Faults
,
which
fences
the
Person
or
Persons
in
whom
is
Supream
Domination
,
and
secures
them
as
strongly
(
as
Laws
can
do
)
from
all
Violence
;
and
if
it
were
otherwise
a
most
large
In-let
would
be
made
to
overthrow
all
Authority
:
for
every
malicious
Malecontent
would
be
pretending
some
Arbitrariness
,
or
oppression
in
the
Government
;
for
which
,
if
they
had
any
colour
of
Authority
,
they
would
be
calling
him
to
an
account
.
This
Unaccountableness
to
Men
hinders
not
their
Obligation
●o
God's
〈…〉
makes
〈…〉
.
I
foresee
how
solid
,
Judicious
and
Religious
Authors
soever
have
brought
to
vouch
this
Assertion
;
yet
Republican
Libertines
will
be
raising
up
their
Crests
against
me
,
and
more
moderate
Persons
will
be
pulling
me
by
the
Ear
,
and
admonishing
me
,
lest
hereby
I
should
make
the
Sovereign
lawless
,
and
give
him
liberty
to
do
what
he
listeth
.
Therefore
no
ways
deserting
the
Principle
of
unaccountableness
(
the
Mischief
of
the
contrary
of
which
I
think
is
sufficiently
discovered
in
the
Chapter
of
Commonwealth-Government
)
I
shall
endeavour
out
of
good
Authors
,
and
the
examples
of
great
Princes
,
to
lay
down
some
Rules
,
which
Princes
may
think
prudential
for
them
to
imitate
.
First
therefore
I
shall
observe
what
the
great
[
](A46988-e53620-b)(z)
(z)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
3.
Polit.
c.
12.
Philosopher
notes
,
That
a
King
that
governs
by
Law
,
makes
no
new
Species
of
Government
,
from
that
King
that
makes
the
Law
his
Standard
.
So
that
governing
by
Laws
,
and
according
to
them
,
in
his
Opinion
,
is
very
agreeable
to
Kingly
Government
,
and
he
every
where
commends
it
as
most
acceptable
to
the
People
,
and
most
safe
for
the
Prince
.
There
is
an
excellent
[
](A46988-e53670-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
De
Creatione
Princ.
Soliloquy
that
Philo
brings
in
his
King
to
make
,
and
which
may
become
the
potentest
Monarch
to
imitate
,
That
he
writ
the
Laws
himself
into
a
Book
,
that
he
might
transcribe
them
into
his
Soul
,
and
imprint
into
his
Mind
those
divine
Characters
,
never
to
be
washed
out
again
:
whereas
other
Kings
therefore
bear
Staves
for
their
Scepter
,
the
abridgment
of
the
Law
should
be
his
Scepter
,
his
rejoycing
and
Glory
uncontroulable
,
the
Ensign
of
that
unreproveable
Government
,
which
is
fashioned
according
to
the
Pattern
of
Gods
own
Kingdom
.
Although
according
to
Harmenopulus
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
King
is
not
to
be
subject
to
the
Laws
;
because
offending
against
them
,
he
is
not
punished
:
and
as
St.
[
](A46988-e53730-b)(b)
(b)
Neque
ullis
ad
poenam
legibus
vo●antur
,
tuti
Imperii
potestate
.
Apol.
pro
Davide
.
Ambrose
speaking
of
David
,
saith
,
He
being
a
King
,
was
tyed
to
no
Laws
,
because
Kings
are
freed
from
the
Bonds
or
Punishments
of
Faults
,
being
called
to
Punishment
by
no
Laws
,
being
protected
by
the
Power
of
their
Empire
;
yet
[
](A46988-e53770-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Greg.
Naz.
Orat.
27.
as
a
grave
Father
saith
,
God's
Word
,
and
right
Reason
must
give
a
Law
to
the
Law-giver
.
Therefore
that
weighty
and
elegant
Expression
of
[
](A46988-e53800-b)(d)
(d)
Temperans
Majestatem
Caesaris
infra
Deum
,
magis
illum
commendo
Deo
,
cui
soli
subjicio
.
Ideo
magnus
,
quia
coelo
minor
est
.
Apol.
c.
35.
Tertullian
deserves
consideration
by
all
Princes
,
which
is
this
,
While
we
temper
the
Majesty
of
Caesar
under
God
,
we
commend
him
the
more
to
God
,
unto
whom
alone
we
do
subject
him
;
therefore
great
,
because
he
is
less
than
Heaven
.
To
the
voluntary
submission
of
a
Prince
to
his
own
,
or
the
Laws
of
his
Progenitors
,
may
be
referred
the
memorable
saying
of
Valentinian
[
](A46988-e53860-b)(e)
(e)
Revera
majus
Imperio
est
submittere
legibus
Princip●tum
.
Lib.
4.
c.
de
Leg.
&c.
Licet
Lex
Imperii
solennibus
Juris
Imperatorem
solverit
,
nihil
tamen
tam
proprium
Imperii
est
,
quam
legibus
vivere
.
Lib.
3.
c.
de
Testam
.
the
Younger
,
It
is
in
truth
a
greater
thing
than
Empire
to
submit
the
Princedom
it self
to
the
Laws
:
and
that
other
equally
imitable
by
Princes
,
Though
the
Laws
of
the
Empire
have
freed
the
Emperor
from
the
Solemnities
of
the
Laws
,
yet
nothing
is
so
proper
for
Empire
,
as
to
live
by
the
Laws
,
or
according
to
them
.
So
inthat
commendation
which
Plutarch
gives
[
](A46988-e53900-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Orat.
2.
de
Fortuna
Alex.
Alexander
the
Great
,
That
he
conceived
he
ought
to
be
thought
superior
unto
all
Men
,
yet
subject
to
Justice
.
Such
a
Prince
we
find
Pliny
fully
describe
in
his
[
](A46988-e53960-b)(g)
(g)
Nec
minus
hominem
se
quam
hominibus
praeesse
meminit
.
Panegyrick
of
Trajan
,
That
he
thinks
himself
to
be
one
of
us
,
and
so
much
the
more
excellent
and
eminent
he
is
,
that
he
so
thinketh
,
and
no
less
remembreth
that
he
is
a
Man
,
than
that
he
is
a
Ruler
of
Men.
For
he
who
hath
nothing
left
to
[
](A46988-e53990-b)(h)
(h)
Cui
nihil
ad
augendum
fastigium
superest
,
hic
uno
modo
crescere
potest
,
si
se
ipse
submittat
securus
magnitudinis
suae
.
increase
his
heighth
,
hath
but
this
one
way
to
grow
by
,
if
he
submit
himself
(
that
is
,
to
the
governing
by
Laws
,
it
may
be
presumed
he
means
)
being
secure
of
greatness
:
and
in
another
place
he
calls
him
equal
to
all
;
in
this
only
greater
than
the
rest
,
That
he
was
better
:
and
more
nearly
to
our
present
purpose
,
Thou
hast
made
[
](A46988-e54000-b)(i)
(i)
Ipse
te
legibus
subjecisti
,
Legibus
,
Caesar
,
quas
〈◊〉
Principi
scrip
.
〈◊〉
.
thy self
subject
to
the
Laws
,
O
Caesar
,
which
were
not
written
to
restrain
the
Prince
by
.
So
we
find
both
Severus
[
](A46988-e54040-b)(k)
(k)
Licet
legibus
soluti
simus
,
attamen
legibus
〈…〉
.
Instit
quibus
modis
Testam
.
infirment
.
8.
Vet.
and
Antonius
often
set
down
in
their
Rescripts
,
Although
we
be
loosed
from
the
Laws
,
yet
we
live
by
the
Laws
.
These
Laws
are
the
Laws
of
God
,
of
Nature
,
or
those
of
the
Kingdom
;
concerning
the
first
and
last
I
shall
not
now
discourse
:
concerning
that
of
Nature
the
[
](A46988-e54080-b)(l)
(l)
Non
scripta
,
sed
nata
lex
,
quam
non
didicimus
,
accepimus
,
legimus
,
verum
ex
natura
ipsa
arripuimus
,
hausimus
,
expressimus
,
ad
quam
non
docti
sed
facti
,
non
instituti
sed
imbuti
sumus
.
Pro
Milone
.
Orator
saith
,
It
is
not
writ
,
but
born
with
us
,
which
we
have
not
learnt
,
received
,
or
read
,
but
from
Nature
it self
have
powerfully
attracted
,
drunk
in
,
and
extracted
;
to
which
we
are
not
taught
,
but
made
obedient
,
not
instructed
,
but
imbued
.
Concerning
the
original
of
which
Law
,
he
saith
,
[
](A46988-e54110-b)(m)
(m)
Vnus
erit
communis
quasi
Magister
&
Imperator
omnium
Deus
,
ille
legis
hujus
inventor
,
disceptator
,
lator
;
●ui
qui
non
p●rebit
,
ip●e
se
fugiet
,
a●
naturam
hominis
spernabitur
,
atque
hoc
ips●
luet
maximas
poenas
,
etiamsi
caetera
supplicia
quae
putantur
●ffugerit
.
Lib.
3.
de
Repub.
That
God
our
common
Master
and
Ruler
of
all
,
is
the
Inventer
,
Judg
and
Law-giver
,
which
he
who
will
not
obey
,
must
fly
from
himself
,
(
i.
e.
abandon
the
Dictates
of
his
own
Reason
and
Conscience
)
and
despise
the
Nature
of
Man
;
and
in
himself
(
i.
e.
in
his
Conscience
)
undergo
the
greatest
Pains
,
although
he
should
escape
all
those
other
which
commonly
are
accounted
Punishments
.
It
is
concerning
this
Law
he
saith
,
That
from
it
neither
the
Senate
no●
the
People
can
exempt
us
,
nor
is
it
lawful
to
abrogate
it
in
the
whole
,
nor
derogate
from
it
,
[
](A46988-e54150-b)(n)
(n)
Ibid.
Neque
derogari
ex
hac
aliquid
licet
,
neque
tota
abrogari
potest
,
nec
vero
aut
per
Senatum
,
aut
per
populum
solvi
hac
lege
possumus
.
The
fore-mentioned
Archbishop
[
](A46988-e54180-b)(o)
(o)
Vs●er's
Power
of
Princes
.
p.
70.
from
hence
concludes
,
That
to
this
moral
Law
of
God
,
whether
by
Nature
,
thus
written
in
the
Hearts
of
Men
,
or
more
fully
delivered
by
Gods
own
written
word
,
or
by
just
consequence
deduced
from
the
grounds
of
either
of
them
,
the
greatest
Monarch
upon
Earth
owes
as
much
obedience
,
as
the
lowest
and
meanest
of
all
his
Subjects
.
And
however
the
Prince
is
obliged
to
the
directive
force
of
the
Law
,
and
so
ought
to
be
governed
by
it
as
his
Director
;
and
though
it
be
most
true
that
[
](A46988-e54210-b)(p)
(p)
Reges
Jolo
Dei
timore
metuque
Gehennae
coercentur
.
Isiodorus
3.
Sent.
c.
31.
Kings
are
restrained
only
by
the
fear
of
God
and
Hell
,
yet
we
may
conclude
that
these
,
together
with
the
consideration
of
their
Interests
,
will
be
sufficient
Incitements
to
them
to
govern
according
to
such
Laws
.
Yet
still
it
is
to
be
owned
,
That
when
a
King
doth
not
act
according
to
such
Laws
,
he
is
not
thereby
capable
of
any
Punishment
for
the
transgressing
of
them
:
and
the
reason
(
saith
the
learned
[
](A46988-e54240-b)(q)
(q)
Power
of
the
Prince
,
p.
81.
Primate
)
is
obvious
,
because
the
inflicting
of
a
punishment
is
an
Act
of
a
Superior
to
an
Inferior
;
and
to
make
one
upon
Earth
Superior
to
the
Supreme
Governour
,
would
imploy
an
absolute
contradiction
:
though
a
Father
or
Master
were
never
so
faulty
,
none
would
be
so
absurd
as
to
think
,
that
their
Servants
or
Children
might
chastise
them
.
When
I
reflect
on
that
dismal
Day
,
when
the
wicked
High
Court
of
Justice
arraigned
and
sentenced
the
most
Innocent
,
Just
and
Religious
King
,
that
possibly
hath
worn
a
Crown
since
our
Saviours
time
;
I
always
stand
amazed
,
and
read
,
or
meditate
on
that
Tragical
Act
with
a
concern
next
to
that
of
our
Saviour's
suffering
:
All
that
black
and
bloody
Scene
was
acted
by
Men
,
of
and
upon
the
Principles
successful
Rebels
made
use
of
,
The
Preamble
to
the
Treasonable
Charge
against
King
Charles
the
First
.
That
Kings
are
admitted
and
trusted
with
a
limited
Power
to
govern
by
,
and
according
to
the
Laws
of
the
Land
,
and
not
otherwise
;
and
by
their
Trust
,
Oath
and
Office
,
are
obliged
to
use
the
Power
committed
to
them
,
for
the
Good
and
Benefit
of
the
People
,
and
for
the
Preservation
of
their
Rights
and
Liberties
;
which
they
charged
that
Blessed
King
to
have
designedly
violated
.
To
which
I
shall
give
only
some
(
k
)
short
Heads
of
his
Majesties
Answer
,
[
](A46988-e54310-b)(r)
(r)
His
Majesty's
Speeches
and
Tryal
,
p.
429.
which
if
they
had
been
weighed
,
were
enough
to
confound
all
their
arguing
.
He
demanded
by
what
lawful
Authority
he
was
seated
there
;
he
had
a
trust
committed
to
him
by
God
,
by
old
and
lawful
Descent
,
that
he
would
not
betray
,
Pag.
431.
to
answer
to
a
new
unlawful
Authority
;
That
England
was
an
Hereditary
Kingdom
:
He
tells
them
how
great
a
sin
it
is
to
withstand
lawful
Authority
,
and
submit
to
a
Tyrannical
or
Unlawful
:
That
Kings
can
be
no
Delinquents
:
That
Obedience
unto
Kings
is
strictly
commanded
in
the
old
and
new
Testament
,
pag.
435.
particularizing
that
one
place
,
Where
the
word
of
a
King
is
,
there
is
Power
;
and
who
may
say
unto
him
,
What
dost
thou
?
Eccl.
8.4
.
That
no
Impeachment
can
lye
against
him
,
all
running
in
his
Name
:
That
the
King
can
do
no
wrong
;
the
House
of
Commons
never
being
a
Court
of
Judicature
,
can
erect
none
.
He
owns
an
Obligation
to
God
,
to
defend
and
maintain
the
Liberties
of
his
People
,
against
all
such
Illegal
and
Arbitrary
Proceedings
.
Pag.
439.
But
't
was
to
no
purpose
to
show
such
Crown-Jewels
before
such
Wolves
and
Bears
,
that
were
gaping
for
his
Blood
,
and
would
not
admit
his
only
request
to
them
to
be
heard
,
for
the
Welfare
of
the
Kingdom
and
Liberty
of
the
Subject
(
before
they
precipitated
Sentence
against
him
)
before
the
Lords
and
Commons
,
and
pressed
it
,
That
it
may
be
it
was
something
he
had
to
say
,
they
had
not
heard
before
Hand
.
But
nothing
his
sacred
Majesty
could
say
,
would
move
those
,
who
,
under
a
vile
and
notorious
Lye
,
in
the
Name
of
the
People
,
the
Supreme
Authority
,
as
they
called
it
,
passed
that
barbarous
Sentence
against
that
sacred
Head
,
to
the
amazement
of
the
whole
World
,
sufficient
to
raise
the
utmost
Indignation
of
all
good
Men
,
against
such
barbarous
Principles
and
Proceedings
.
CHAP.
XIX
.
That
the
Sovereign
may
dispense
with
the
Execution
of
the
Laws
of
his
Country
in
several
Cases
.
HAving
discoursed
of
the
Kings
being
unaccountable
to
any
but
God
Almighty
,
when
he
governs
not
according
to
the
Laws
of
God
,
Nature
,
or
his
Dominions
;
The
Connexion
of
this
with
the
foregoing
Chapter
.
upon
that
Foundation
,
That
there
cannot
be
two
Supremes
here
upon
Earth
,
in
one
Kingdom
:
I
come
now
to
discover
what
Power
Kings
in
general
,
and
our
Kings
in
particular
,
have
to
dispense
with
the
Execution
of
the
Laws
upon
some
cases
;
for
it
is
far
from
my
thoughts
,
ever
to
suggest
any
such
dangerous
assertion
,
That
Princes
in
general
may
dispense
with
the
Execution
of
the
Laws
.
Plutarch
[
](A46988-e54500-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Compar
.
Flaminii
&
Philopaemenis
.
setteth
this
down
as
a
chief
point
of
that
natural
skill
which
Philopoemen
had
in
Government
,
That
he
did
not
only
rule
according
to
the
Laws
,
but
over-ruled
the
Laws
themselves
,
when
he
found
it
conducing
to
the
Weal
publick
.
For
as
the
[
](A46988-e54540-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Justin
.
Jun.
Imp.
praef.
Constit
.
3.
Emperor
saith
(
whilst
the
Laws
stand
in
force
)
it
is
fit
that
sometimes
the
Kings
Clemency
should
be
mingled
with
the
severity
of
them
;
especially
when
by
that
means
the
Subject
may
be
freed
from
much
Detriment
and
Damage
.
Princes
,
according
to
the
[
](A46988-e54570-b)(c)
(c)
Princeps
est
supra
legem
adeo
quod
secundum
conscientiam
suam
judicare
potest
.
Cyrus
in
L.
Rescript
.
&c.
Judgment
of
great
Lawyers
,
have
Power
to
judge
according
to
their
own
Conscience
,
and
not
according
to
the
Letter
of
the
Law
:
and
no
doubt
it
was
such
written
Laws
as
these
that
[
](A46988-e54590-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Justinian
.
Novel
105.
Justinian
the
Emperor
meant
,
when
upon
the
enacting
of
a
Constitution
of
this
kind
,
he
added
thereunto
this
Limitation
,
From
all
these
things
which
have
been
said
by
us
,
let
the
Emperors
State
be
excepted
,
whereunto
God
hath
subjected
the
very
Laws
themselves
,
sending
him
as
a
living
Law
unto
Men
;
who
therefore
in
another
place
,
assumeth
to
himself
the
Title
of
a
Father
of
the
Law
.
Whereupon
the
[
](A46988-e54630-b)(e)
(e)
Nota
,
Imperatorem
vocari
patrem
Legis
,
under
&c
Leges
sune
ei
subjecte
.
Gloss.
in
Novel.
12.
c.
4.
Glossator
maketh
this
Observation
,
Note
,
That
the
Emperor
is
the
Father
of
the
Law
,
whereupon
the
Laws
also
are
subject
to
him
.
So
the
great
[
](A46988-e54660-b)(f)
(f)
Princeps
est
supra
legem
in
quantum
si
expediens
est
,
potest
legem
mutare
,
&
in
ea
dispensare
pro
loco
&
tempore
.
Vid.
Thom.
in
1.2
.
q.
96.
Artic.
5.
ad
3.
Schoolman
saith
,
The
Prince
is
above
the
Law
so
far
,
that
if
it
be
expedient
,
he
may
change
the
Law
,
and
dispense
with
Time
and
Place
;
as
when
a
Man
is
condemned
to
banishment
,
the
Prince
,
if
he
see
cause
,
may
revoke
him
from
thence
;
and
therein
,
saith
[
](A46988-e54680-b)(g)
(g)
Gloss.
in
lib.
4.
de
Poenis
.
Accursius
,
his
own
Will
is
accounted
a
great
and
just
cause
,
Magna
&
justa
Causa
est
ejus
Voluntas
.
The
Reason
of
these
Assertions
is
couched
in
what
Aeneas
[
](A46988-e54730-b)(h)
(h)
Convenit
Imperatori
Juris
rigorem
aequitatis
fraeno
temperare
,
cui
soli
inter
aequitatem
jusque
interpositam
interpretationem
licet
&
incumbit
inspicere
.
De
Ortu
&
Authoribus
Imperii
.
Sylvius
observes
,
That
there
is
a
certain
other
thing
to
which
the
Emperor
is
more
obnoxious
than
to
the
Law
,
and
that
is
Equity
,
which
is
not
always
found
written
:
Now
if
the
Law
doth
command
one
thing
,
and
Equity
perswade
another
.
It
is
fit
the
Emperor
should
temper
the
Rigor
of
the
Law
with
the
Bridle
of
Equity
;
as
he
,
who
alone
may
,
and
ought
to
look
unto
that
Interpretation
,
which
lyeth
interposed
betwixt
Law
and
Equity
;
since
no
Law
can
sufficiently
answer
the
Varieties
and
unthought
on
plottings
of
Mans
Nature
,
and
in
Tract
of
Time
,
Laws
at
first
,
just
,
or
in
terrorem
,
become
unprofitable
and
harsh
:
and
this
moderating
of
Laws
(
which
is
called
,
saith
he
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
Equity
)
is
so
annexed
to
the
Prince
,
that
by
no
decree
of
Man
it
can
be
pulled
from
it
.
This
Absoluteness
I
have
hitherto
mentioned
out
of
such
great
Authors
,
How
far
the
Kings
of
England
may
dispense
with
their
Laws
.
is
not
practised
by
the
English
Sovereign
;
for
he
challengeth
no
such
Power
to
make
or
abrogate
Laws
,
without
the
Concurrence
of
the
two
Houes
:
But
he
hath
a
sufficient
Prerogative
by
dispensing
,
conniving
or
putting
some
Laws
more
in
Execution
than
at
other
times
,
so
to
manage
the
Execution
of
the
,
as
the
Government
,
and
consequently
the
Peoples
safety
be
not
prejudiced
.
So
though
there
be
a
Law
for
Triennial
Parliaments
;
yet
when
a
Prince
finds
a
Potent
Faction
that
may
influence
the
Electors
,
so
as
the
meeting
of
such
a
Parliament
at
such
a
time
,
may
be
hazardous
to
the
publick
,
there
being
no
Penalty
can
be
inflicted
on
a
King
for
the
Omission
,
and
the
Danger
being
visible
,
that
such
a
Factious
Parliament
was
only
wanting
,
to
bring
to
perfection
the
Design
of
Traiterous
and
Seditious
Persons
:
It
is
very
agreeable
to
Reason
,
that
a
Prince
,
in
such
a
juncture
,
should
prefer
the
publick
Peace
of
his
Kingdom
,
and
the
security
of
his
Crown
(
by
the
omitting
such
Summons
)
than
to
hazard
all
by
convening
them
.
There
are
other
Cases
may
intervene
,
wherein
the
Reason
of
State
,
the
Salus
publica
,
may
require
the
dispensing
with
,
or
suspension
of
the
Execution
of
some
Laws
:
As
in
time
of
open
Rebellion
,
the
King
's
arming
of
such
as
he
may
most
surely
confide
in
,
though
they
take
not
such
Oaths
,
or
be
so
qualified
,
as
the
Laws
require
,
and
as
in
several
other
Particulars
,
might
be
instanced
in
.
I
shall
only
add
two
Authorities
of
our
own
Country
,
who
were
well
versed
in
the
matter
;
the
one
a
great
Divine
,
and
the
other
as
great
a
Lawyer
and
Statesman
:
First
,
the
learned
[
](A46988-e54850-b)(i)
(i)
Vsher's
Power
of
Princes
,
p.
76.
Primate
saith
,
Such
positive
Laws
being
(
as
other
works
of
Men
are
)
imperfect
,
and
not
free
from
any
Discommodities
,
if
the
strict
Observation
thereof
should
be
pursued
in
every
particular
:
It
is
fit
the
Supreme
Governour
should
not
himself
only
be
exempted
from
Subjection
thereunto
,
but
also
be
so
far
Lord
over
them
,
that
where
he
seeth
cause
he
may
abate
,
or
totally
remit
the
penalty
incurred
by
the
breach
of
them
;
dispense
with
others
for
not
observing
of
them
at
all
,
yea
generally
suspend
the
Execution
of
them
,
when
by
experience
he
shall
find
the
Inconveniences
to
be
greater
than
the
profit
that
was
expected
should
redound
thereby
,
to
the
Common-wealth
.
The
Second
Authority
shall
be
that
of
the
Earl
of
Clarendon
,
[
](A46988-e54910-b)(k)
(k)
Survey
,
p.
127.
who
affirms
,
That
by
our
Laws
,
the
King
hath
,
in
many
Cases
,
the
Power
of
dispensing
with
the
Execution
of
the
Law
,
especially
in
granting
pardon
for
the
transgressing
of
them
,
except
in
those
Cases
where
the
Offence
is
greater
to
others
than
the
King
,
as
in
murder
of
an
Husband
or
Father
:
therefore
upon
an
Appeal
by
them
,
the
Offendor
may
suffer
after
the
Kings
pardon
;
which
shows
how
tender
our
Laws
are
of
protecting
the
Lives
of
Subjects
.
This
Prerogative
of
Kings
[
](A46988-e54940-b)(l)
(l)
3.
Rep.
Bodin
avouches
among
the
Rights
of
Sovereignty
,
to
pardon
the
Persons
,
the
forfeiture
of
their
Goods
;
and
to
restore
the
attainted
Honours
of
those
condemned
by
righteous
or
unrightcous
Judgment
;
according
to
that
of
St.
[
](A46988-e54970-b)(m)
(m)
Q.
115.
ex
Veteri
&
Novo
Testamento
.
Hilary
in
St.
Augustine
,
Imperatori
soli
licet
revocare
sententiam
,
&
reum
mortis
absolvere
,
&
ei
ignoscere
:
That
it
belongeth
only
to
the
Emperor
,
to
revoke
the
Sentence
or
Judgment
;
and
to
absolve
and
pardon
the
guilty
.
For
as
Themistius
saith
,
One
thing
becoms
a
Judge
,
and
another
thing
a
King
;
the
one
is
to
observe
the
Law
,
the
other
hath
power
to
correct
the
Laws
themselves
,
and
to
qualifie
the
severity
and
harshness
of
them
,
as
being
himself
a
living
Law
,
and
not
confined
to
the
unchangeable
and
unalterable
Letter
.
For
that
end
,
saith
he
,
it
seemeth
,
God
did
send
from
Heaven
the
Regal
Power
into
the
Earth
,
that
Men
might
have
a
refuge
from
that
dead
and
immoveable
Law
,
to
the
living
one
,
as
he
instanceth
in
Capital
Offenders
.
For
we
have
seen
(
saith
he
)
Men
returned
to
life
from
the
Gates
of
Death
,
whom
the
Law
indeed
sent
thither
,
but
the
Lord
of
the
Law
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
brought
back
from
thence
again
.
As
to
the
Power
of
Equity
,
claimed
by
the
great
Civilians
,
the
Administration
of
that
is
vested
in
the
Chancellor
or
Lord-Keeper
of
the
Kings
appointment
,
who
is
the
Keeper
of
the
Kings
Conscience
,
or
Dispenser
of
that
reserved
Power
in
the
King
.
CHAP.
XX.
That
the
Sovereign
is
not
to
be
resisted
or
rebelled
against
,
upon
pretence
of
ill
Government
,
Irreligion
,
or
any
such
matter
.
OUR
Republicans
of
1641.
set
themselves
,
with
all
their
skill
and
cunning
,
The
Necessity
of
this
Discourse
.
as
well
as
force
,
to
overthrow
the
Doctrine
of
Non-resistance
;
and
to
establish
that
of
its
being
lawful
,
not
only
to
rise
in
Arms
,
for
the
defence
of
their
Liberty
,
Property
and
Religion
(
the
gilded
pretences
of
all
Rebellions
)
but
to
prosecute
that
blessed
King
and
all
his
Loyal
Subjects
,
in
the
highest
Degree
of
Cruelty
and
Revenge
,
that
they
could
devise
,
or
their
success
embolden
them
to
commit
.
Therefore
it
is
a
most
necessary
Duty
of
all
that
wish
well
to
themselves
,
as
well
as
the
Government
,
to
oppose
such
dangerous
Positions
and
Practices
.
The
Authorities
I
have
cited
in
the
two
Chapters
of
Sovereignty
,
are
but
the
gleanings
of
what
may
be
found
in
learned
Men
on
this
Subject
;
and
since
I
shall
have
occasion
hereafter
(
when
I
treat
of
the
Subjects
duty
)
to
handle
this
matter
more
particularly
,
I
shall
be
the
shorter
in
this
,
and
refer
the
curious
Reader
to
the
elaborate
Treatise
of
Mr.
Dudley
Digs
,
Of
the
unlawfulness
of
Subjects
taking
up
Arms
against
their
Sovereign
;
and
to
the
Glory
of
his
Age
,
for
Learning
,
Loyalty
and
Sanctity
,
the
Lord
Primate
Vsher's
Power
of
the
Prince
,
and
His
Second
Part
of
Obedience
;
to
the
judicious
and
learned
Sir
George
Mackenzie
his
Jus
Regium
,
and
[
](A46988-e55170-b)(a)
(a)
Arnisaeus
.
Zeiglar
de
Jure
Majestatis
c.
1.
n.
12.
Salmasii
Defensio
Regia
.
Grotius
lib.
1.
c.
4.
de
Jure
Belli
.
Dr.
More
's
Divine
Dialogues
.
Dr.
Mouliu
's
Philanax
Anglicus
.
Sam.
Petit
's
Diatriba
,
&c.
others
that
treat
of
this
Subject
,
ex
instituto
:
desiring
all
those
,
who
have
imbibed
,
or
would
avoid
any
of
these
dangerous
Principles
,
that
they
will
seriously
consult
those
Authors
,
out
of
whom
I
shall
only
hint
some
few
of
their
Reasons
and
Arguments
,
that
may
be
as
Antidotes
against
the
most
destructive
poison
of
resisting
Sovereign
Princes
,
or
allowing
any
Order
of
Subjects
the
Liberty
upon
any
Pretence
of
Misgovernment
,
to
call
their
Sovereigns
to
an
account
.
In
the
first
Place
it
ought
to
be
considered
,
that
by
constituting
any
check
upon
Sovereign
Princes
,
all
Decisions
and
Controversies
must
be
writ
in
Blood
;
and
it
would
lay
a
fruitful
[
](A46988-e55280-b)(b)
(b)
Non
tanti
est
civilia
bella
movere
.
Arguments
against
Resisting
of
Princes
.
Seed-Plot
of
civil
Wars
,
by
indulging
the
most
pernicious
Freedom
of
righting
our selves
:
for
though
the
People
,
or
some
ambitious
Male-contents
,
may
not
be
so
happy
as
they
could
wish
;
yet
to
make
use
of
Force
,
as
a
Remedy
,
will
certainly
encrease
the
Miseries
.
If
this
Principle
be
granted
,
it
will
make
Sovereigns
always
jealous
,
Would
make
Princes
always
jealous
.
and
consequently
studious
to
secure
themselves
against
such
opposition
by
strong
Hand
,
which
will
be
very
galling
to
the
Subject
.
Besides
,
upon
all
differences
betwixt
the
King
and
People
,
No
Judges
can
be
betwixt
King
and
People
.
no
Judge
can
be
found
to
determine
the
Matter
;
and
to
allow
this
Power
to
the
People
,
is
to
allow
a
Difference
that
can
have
no
end
,
before
one
half
of
the
Nation
have
ruined
another
,
as
by
sad
Experience
we
found
in
our
late
Civil
Wars
.
Further
it
ought
to
be
considered
,
That
this
not
only
overthrows
Monarchy
,
but
all
Government
;
for
who
will
obey
,
It
overthrows
all
Government
.
when
they
can
resist
?
Under
all
Governments
we
should
have
one
Rebellion
[
](A46988-e55350-b)(c)
(c)
Just
Right
of
Monarchy
,
p.
92.93
.
rising
out
of
the
Ashes
of
another
;
for
only
those
who
prevailed
should
be
satisfied
,
and
all
the
rest
would
certainly
conclude
,
that
they
might
more
justly
oppose
those
Usurpers
,
than
the
first
did
their
lawful
Prince
:
and
thus
,
Government
(
which
is
designed
for
the
Security
,
Peace
and
Tranquillity
of
the
State
)
should
be
perpetually
embroyled
,
and
by
the
cruel
Hostilities
of
emulous
Factions
,
mastering
one
another
;
the
common
People
,
and
those
who
would
desire
to
live
peaceably
,
should
be
the
continual
Prey
of
Ravenous
Harpyes
and
Vultures
.
If
we
allow
Subjects
to
take
Arms
against
their
Prince
;
Not
allowed
in
Families
.
we
ought
to
allow
Children
the
like
Liberty
against
their
Parents
,
Servants
against
their
Masters
,
Soldiers
against
their
Officers
,
and
the
common
Rabble
against
their
Magistrates
:
For
the
King
in
his
Sovereignty
,
eminently
comprehends
all
these
Relations
.
Besides
,
what
reasonable
Man
can
think
(
much
more
ought
to
assert
)
that
it
is
fit
to
allow
this
Principle
;
when
all
Ages
,
Mischiess
of
the
Peoples
Liberties
.
and
daily
Experience
teach
us
,
That
the
numerous
Party
of
Mankind
is
difficultly
,
by
the
most
rational
and
strictest
Laws
,
contained
in
their
duty
:
What
might
we
therefore
expect
,
if
every
Man
should
be
invested
with
Power
to
be
his
own
Judge
,
and
be
loosed
from
all
Laws
,
and
encouraged
to
the
Duty
(
as
it
must
be
upon
this
Doctrine
)
of
transgressing
,
disobeying
,
and
breaking
all
Laws
that
establish
a
Government
uneasie
to
him
.
It
cannot
but
be
observed
,
and
by
daily
Experience
is
found
,
〈◊〉
in
all
Popular
Congresses
,
in
all
Elections
,
or
public
Votes
of
the
Body
of
the
People
,
how
violent
they
are
,
when
opposed
by
some
few
:
How
Insolent
when
they
find
their
Strength
,
that
nos
numeri
sumus
:
And
how
Cruel
when
enraged
,
as
in
the
History
of
Cardinal
Bentivolio
(
to
go
no
higher
)
in
that
of
Naples
,
under
Masianello
,
and
that
of
Amsterdam
against
the
De
Witts
,
and
many
more
might
be
instanced
in
.
And
it
will
certainly
be
allowed
,
that
the
Multitude
(
being
cajoled
by
Pretenders
to
be
their
Patriots
,
and
the
publick-spirited
maintainers
of
their
Liberties
,
Properties
and
Religion
(
the
usual
Shams
and
Wheedles
,
ambitious
and
contriving
Men
make
of
to
seduce
them
)
find
these
very
Men
more
unjust
,
oppressive
,
exorbitant
and
Arbitrary
than
the
worst
of
Princes
.
Therefore
since
the
multitude
is
no
better
qualified
to
judge
,
nor
juster
when
led
by
such
Chieftains
:
Surely
all
prudent
Men
,
and
Lovers
of
their
own
and
their
Countries
Happiness
,
must
conclude
it
much
safer
,
and
conducibler
to
the
Publick
Weal
,
to
obey
those
whom
God
hath
set
over
them
;
and
the
Laws
,
their
Duties
and
Oaths
oblige
them
to
bear
Faith
and
Allegiance
to
;
than
to
subject
themselves
to
their
fellow-Subjects
,
who
can
have
no
other
Title
but
rebellious
Success
to
warrant
them
to
harass
,
butcher
,
and
ruin
them
.
Whereas
at
the
worst
in
Kings
,
we
have
but
an
ill
Master
;
but
allowing
Subjects
to
usurp
,
we
may
fight
our selves
into
slavery
under
hundreds
of
Tyrants
,
and
those
too
fighting
one
against
another
,
so
that
we
shall
not
know
even
which
of
those
Devils
to
obey
.
Would
we
consult
the
Histories
of
preceding
times
,
or
our
own
Experiences
,
we
should
find
the
Pretenders
to
reform
[
](A46988-e55500-b)(d)
(d)
Idem
,
p.
92.
Pretenders
to
Reformation
greatest
Oppressors
.
Government
,
have
proved
the
greatest
Cheats
to
those
they
have
seduced
.
They
in
reality
neither
promoting
Liberty
or
Religion
,
but
under
that
Vizard-mask
,
shrouded
other
black
designs
;
and
when
they
succeeded
in
their
Attempts
,
they
became
infinitely
more
oppressive
to
the
People
,
than
the
lawful
Powers
ever
had
or
could
be
,
they
pretended
to
protect
them
from
the
Rigor
of
.
And
when
[
](A46988-e55520-b)(e)
(e)
Idem
,
p.
90
,
91.
others
rose
against
them
on
the
same
pretence
,
they
did
in
the
severest
manner
declare
that
Rebellion
in
others
,
which
they
contended
to
be
lawful
in
themselves
.
Whoever
will
not
be
convinced
of
this
(
if
he
by
woful
Experience
knew
it
not
)
may
read
it
in
the
Histories
of
our
late
Miseries
;
and
if
he
have
any
Spirit
of
Ingenuity
or
Christianity
,
will
totally
abandon
such
Principles
,
as
brought
so
wasting
a
Calamity
on
our
Country
.
In
the
Constitution
of
our
English
Government
,
we
have
but
one
Sovereign
,
The
Constitution
of
England's
Government
Monarchical
.
to
whom
we
owe
Fealty
,
Homage
,
Allegiance
,
and
Obedience
by
Oaths
and
Laws
.
Even
all
the
Acts
of
Parliament
that
acknowledg
this
a
Monarchy
,
are
so
many
solid
Arguments
and
Testimonies
of
the
Kings
Supremacy
;
and
to
set
up
any
co-ordinate
Power
whatsoever
,
would
be
to
create
Regnum
in
Regno
in
Temporals
,
as
the
Phanatick
Principle
,
That
Dominium
fundatur
in
Gratia
,
or
in
Orthodoxa
Religione
,
doth
in
Spirituals
:
Than
which
no
Sentiment
was
ever
invented
more
dangerous
to
overturn
States
,
and
bring
all
to
Confusion
.
If
indeed
we
were
to
form
the
Government
,
under
which
we
were
to
live
,
No
new
Government
now
to
be
framed
.
we
might
agree
upon
setting
up
Ephori
,
Tribunes
of
the
People
,
Daemagogues
,
Calvin's
Three
Estates
,
or
a
co-ordinate
Power
in
the
two
Houses
,
as
so
many
checks
upon
the
Supreme
Governour
.
But
we
are
born
under
a
Monarchy
fix'd
by
Law
and
Consent
,
time
out
of
Mind
;
so
that
we
may
as
well
yield
to
the
Levellers
reducing
us
to
the
pure
pute
State
of
Nature
,
as
the
forming
such
an
Idaea
of
a
Common-wealth
,
wherein
a
Sovereign
is
to
be
resisted
,
if
any
factious
Party
think
themselves
aggrieved
.
It
is
to
be
well
considered
,
that
though
William
the
Conqueror
had
little
or
no
Title
of
Right
,
yet
his
Conquest
,
with
the
Subjects
submission
,
then
,
and
in
after
Ages
to
his
Successors
,
and
the
Obligation
of
Oaths
,
and
subsequent
Acts
of
Parliament
,
supplied
all
Defects
;
and
all
the
Limitations
of
that
absolute
Power
which
accrued
by
Conquest
,
being
the
free
Concession
of
himself
and
his
Successors
(
which
appears
in
their
Grants
by
way
of
Charter
,
as
I
shall
hereafter
have
occasion
to
enlarge
upon
)
it
is
most
evident
that
the
King's
Power
is
absolute
,
where
no
Law
[
](A46988-e55680-b)(f)
(f)
D.
Digs
Unlawfulness
of
Resisting
.
can
be
produced
to
the
contrary
,
and
no
special
Case
can
be
determined
by
the
Subject
to
the
Kings
disadvantage
:
and
though
the
Kings
succeeding
the
Conquest
(
to
sweeten
Subjection
,
)
quaedam
jura
pactis
minuerunt
,
and
these
Acts
of
Grace
were
confirmed
by
Promise
and
Oath
;
No
Contract
betwixt
King
and
Subjects
,
whereby
they
may
exact
an
Account
.
yet
we
find
no
Footsteps
of
any
security
given
,
that
should
endanger
the
Person
or
Regal
Authority
,
by
giving
to
their
Subjects
any
legal
Power
to
unking
them
if
they
should
not
perform
Covenant
.
Nor
could
it
be
rational
to
expect
such
;
for
they
knew
full
well
if
they
should
not
break
such
Promises
,
yet
a
Pretence
that
they
did
so
(
as
we
have
known
it
was
alledged
concerning
the
Coronation
Oath
)
might
upon
the
first
opportunity
create
a
Civil
War
.
Therefore
their
Subjects
had
as
little
reason
to
accept
,
as
the
Kings
had
to
offer
so
pernicious
a
Security
,
as
would
bring
both
Parties
into
such
a
sad
Condition
.
For
if
Rebellion
were
to
be
allowed
in
any
Case
,
that
Case
would
be
always
pretended
:
and
though
the
Prince
were
Just
,
Wise
,
and
Religious
;
yet
ambitious
Men
(
to
compass
their
own
Ends
)
would
impute
to
him
Oppression
,
Weakness
,
or
Irreligion
,
as
the
World
knows
by
too
sad
Experience
was
verified
in
King
Charles
the
Martyr
;
who
taking
his
measures
of
others
Sincerity
,
by
the
rule
of
his
own
Heart
,
suffered
pretences
of
publick
Good
to
grow
up
to
insolent
Tumults
,
and
at
last
to
Rebellion
;
and
notwithstanding
his
Exemplary
Practice
in
his
publick
Devotions
,
was
traduced
to
have
but
handsomly
dissembled
,
and
favoured
another
Religion
in
his
Heart
;
and
at
last
brought
before
a
crew
of
Regicides
,
impeached
of
breach
of
Trust
,
Tyranny
,
and
I
know
not
how
many
horrid
Crimes
against
his
Subjects
;
who
yet
died
the
Peoples
Martyr
,
and
the
Royal
Asserter
of
their
Liberties
and
Priviledges
,
which
all
his
Subjects
found
to
expire
with
him
;
the
greatest
Arbitrariness
and
cruellest
Tyranny
,
being
,
during
their
Power
,
exercised
by
the
new
Common-wealth
Men
,
that
ever
was
read
of
in
any
History
.
Those
who
read
Books
,
among
those
of
the
Sect
of
Libertines
in
Politicks
,
and
so
much
magnify
the
great
name
of
Liberty
of
the
Subject
and
co-ordinate
Powers
,
Writers
who
lived
under
Common-wealths
,
no
Guides
to
us
.
converse
most
in
Greek
and
Latin
Authors
,
who
lived
under
Commonwealths
,
and
so
were
profuse
in
the
commendation
of
their
Country
Government
,
against
Usurpers
;
or
else
these
admired
Authors
were
[
](A46988-e55780-b)(g)
(g)
Jus
Regium
,
p.
134.
Stoicks
,
who
out
of
a
selfish
Pride
,
equalled
themselves
not
only
to
their
Kings
,
but
to
their
own
Gods
;
even
as
our
Quakers
who
pretend
a
Light
within
them
a
more
sure
guide
to
them
than
the
Law
.
Now
the
same
reason
they
had
to
commend
their
form
of
Government
,
We
have
more
reason
to
comm●nd
our
Government
,
than
the
Romans
or
Grecians
theirs
.
(
and
so
much
more
as
Monarchy
is
preferrable
to
Aristocracy
)
we
in
England
have
reason
to
commend
our
Constitution
,
where
our
Kings
are
truly
the
Fathers
of
their
Country
;
and
if
they
would
ballance
the
convenience
or
inconvenience
of
either
Government
,
they
would
soon
discover
it
.
For
whereas
they
say
that
the
Doctrine
of
Non-resistance
is
the
readiest
Motive
to
establish
Tyranny
:
It
is
much
more
certain
and
experimentally
known
that
the
Leaders
of
the
Rabble
always
prove
such
,
and
that
the
Distractions
of
a
civil
War
(
which
ordinarily
are
occasioned
by
the
pretence
of
reforming
something
amiss
in
the
Governours
,
and
Competitions
betwixt
Persons
for
Soveraignty
)
destroy
more
than
the
Lusts
of
any
one
Tyrant
can
do
;
which
made
Lucan
,
a
Republican
,
and
of
the
Pompeian
Party
,
conclude
,
after
a
sad
review
of
the
continual
Civil
Wars
betwixt
Sylla
and
Marius
,
Caesar
and
Pompey
,
without
touching
upon
what
followed
under
the
Triumvirs
,
Foelices
Arabes
,
Medique
,
Eoaque
tellus
,
Qui
sub
perpetuis
tenuerunt
Regna
Tyrannis
.
And
if
he
preferred
even
the
Tyranny
or
absoluteness
of
those
Kings
,
before
the
State
of
Civil
Wars
;
how
much
more
have
we
reason
to
submit
,
and
that
chearfully
,
to
the
most
easy
Yoak
of
the
Sovereignty
of
our
Princes
.
We
need
not
be
solicitous
,
that
their
unaccountableness
to
their
Subjects
shall
prompt
them
to
Tyranny
,
because
we
have
good
Security
(
as
strong
as
humane
Wisdom
ever
invented
)
that
we
shall
live
happily
under
that
Constitution
which
our
Fore-fathers
enjoyed
the
Benefit
of
in
an
high
Degree
,
The
Security
we
have
,
that
no
Arbitrary
Government
can
be
exercised
in
England
.
never
distrusting
the
sound
temper
of
the
Policy
.
For
first
our
Kings
swear
at
their
Coronations
to
preserve
the
Laws
,
Liberties
,
Properties
and
Religion
.
Secondly
,
If
they
should
command
illegal
things
,
the
Executors
of
them
are
responsible
to
Parliamentary
Inquisitions
.
Lastly
,
the
Interest
of
the
King
is
the
same
with
that
of
the
Subject
,
as
to
their
Prosperity
and
Misery
;
so
that
a
King
will
always
consult
the
good
of
his
Subjects
:
which
made
[
](A46988-e55980-b)(h)
(h)
Praeestis
hominibus
,
sed
hominum
causa
,
nec
domini
modo
&
Arbitri
rerum
,
sed
Tutores
&
Administratores
estis
.
Collata
est
in
sinum
vestrum
a
deo
&
hominibus
Respublica
.
sed
nempe
in
sinum
&
ut
foveatur
.
Epist.
Dedicat
.
ad
Imp.
Reges
&
Principes
.
Lipsius
tell
the
Sovereigns
,
That
they
govern
over
Men
but
for
their
good
,
and
are
not
only
Lords
and
Judges
of
Matters
,
but
Tutors
and
Administrators
;
That
the
Government
of
the
Commonweal
,
by
God
and
Men
,
is
placed
in
their
Bosoms
or
Laps
,
but
so
as
to
be
cherished
and
protected
there
.
To
conclude
this
discourse
,
We
have
heard
of
,
or
seen
,
the
sad
Calamities
the
Republican
Rebellion
brought
upon
all
his
Majesties
Dominions
,
when
the
mild
Government
of
King
Charles
the
First
was
altered
to
the
most
Bloody
and
Tyrannical
one
of
his
rebellious
Subjects
that
any
Age
could
parallel
;
and
we
have
had
Experience
of
the
merciful
Government
of
his
Royal
Son
and
Successor
,
and
have
lived
to
see
all
the
Establishments
of
Usurpers
brought
to
Confusion
.
We
have
seen
a
formidable
Rebellion
burst
forth
in
our
Magnanimous
King
James
the
Second's
Reign
(
which
had
been
forming
seven
Years
before
)
utterly
overthrown
in
two
Months
;
and
we
cannot
peruse
Histories
,
but
we
must
meet
with
infinite
Examples
of
the
sad
devastations
such
Rebellions
bring
to
their
Country
,
and
the
unsuccessfulness
of
them
.
Therefore
I
would
earnestly
advise
all
Malecontents
,
never
to
make
their
Country's
Ruine
,
and
the
slain
Carcasses
of
their
Countrymen
,
the
Steps
by
which
they
must
ascend
the
Scaffolds
,
or
the
Rounds
of
the
Ladders
they
must
mount
the
Gallows
,
which
,
without
a
Prince's
Clemency
,
are
the
sure
Rewards
of
all
Rebels
,
and
their
certain
Fate
.
CHAP.
XXI
.
Of
the
King's
Authority
in
making
Laws
.
HAving
treated
of
the
King's
Sovereignty
,
I
come
now
to
treat
of
that
Top-branch
of
it
,
the
Power
and
Authority
of
the
King
in
giving
Laws
to
his
Subjects
.
I
must
be
shorter
on
this
Head
,
because
the
following
Chapters
,
concerning
the
Great
Councils
,
and
those
particularly
concerning
Parliaments
,
will
more
fully
illustrate
and
confirm
this
Particular
.
In
all
Government
,
the
Legislative
Power
must
be
fixed
somewhere
;
and
it
is
the
concurrent
Opinion
of
all
[
](A46988-e56100-b)(a)
(a)
Ab
eo
,
i.
Principe
,
tanquam
a
fonte
,
Leges
omnes
&
Jura
●manant
.
Vinii
Epist.
Dedicat.
Id.
Comment.
in
Inst
it
.
lib.
1.
tit.
2.
p.
13.
a.
Civilians
,
That
all
Laws
do
flow
from
the
Prince
,
as
from
a
Fountain
.
The
Word
Lex
and
Jus
,
by
Cicero
,
and
the
Romans
,
were
most-what
used
promiscuously
;
though
Lex
,
or
Law
,
did
frequently
signifie
what
was
writ
,
and
enjoyned
to
be
observed
.
Therefore
the
Plebiscita
of
the
Romans
at
first
were
not
called
Laws
,
because
they
obliged
only
part
of
the
Citizens
,
till
the
Hortensian
Law
gave
them
the
same
force
as
those
which
were
accorded
in
Comitiis
Centuriatis
.
The
Plebiscita
were
among
the
Romans
,
The
Plebiscita
of
the
Romans
.
after
the
expulsion
of
their
Kings
,
binding
Laws
;
and
they
were
made
thus
:
The
Magistrates
who
had
the
greater
Auspices
in
the
Commonwealth
(
such
were
the
Consuls
,
Dictators
,
or
Pretors
)
proposed
the
Laws
to
the
Assemblies
of
the
People
,
and
asked
them
by
the
Name
of
Quirites
,
Whether
they
willed
or
commanded
them
?
And
they
writ
in
the
Table
either
A.
for
Antiquo
,
or
V.
R.
for
Vti
Rogas
,
As
thou
askest
.
The
Tribunes
and
Plebeian
Aediles
were
the
proper
Magistrates
of
the
Plebs
;
but
the
Aediles
were
never
known
to
demand
the
Peoples
Suffrage
to
the
Laws
.
The
Plebiscita
at
first
were
made
in
the
Assemblies
of
the
[
](A46988-e56430-b)(b)
(b)
Tributis
Comitiis
,
Centuriatis
,
aut
Curiatis
.
Tribes
,
and
the
Laws
in
the
Hundredary
or
Curiate
Assemblies
.
But
,
to
be
short
,
L.
Valerius
and
M.
Horatius
being
Consuls
,
it
being
a
doubt
whether
the
Fathers
were
obliged
by
the
Plebiscita
,
they
passed
a
Law
in
the
Centuriata
[
](A46988-e56480-b)(c)
(c)
Anno
v.
C.
304
,
305.
Howel
.
In
the
Curiata
Comitia
,
saith
Dionys.
Comitia
,
That
whatever
the
Plebs
should
enjoyn
in
the
Convention
of
the
Tribes
,
should
be
binding
to
the
People
;
which
was
confirmed
by
[
](A46988-e56540-b)(d)
(d)
Anno
v.
C.
367.
Vinnius
.
Q.
Hortensius
the
Dictator
,
at
the
third
Secession
of
the
People
to
the
Janiculum
;
therefore
[
](A46988-e56580-b)(e)
(e)
Inter
Legem
&
Plebiscitum
sp●●ies
interesset
constituendi
;
potestas
autem
ead●m
esset
.
Sect.
de
Origine
Juris
.
Id.
p.
14.
Senatus
consultum
,
and
Power
of
the
Roman
Senate
.
Pomponius
saith
,
That
the
manner
of
constituting
a
Law
and
Plebiscitum
differed
,
but
the
Power
was
the
same
.
That
which
the
Senate
commanded
and
constituted
,
was
called
a
Senatus
consultum
.
Vinnius
proves
,
That
while
the
Roman
Republic
stood
,
the
Laws
were
made
by
the
People
alone
,
and
not
by
the
Senate
:
For
they
had
permitted
to
them
,
as
the
Publick
Council
,
to
take
cognisance
and
Decrees
of
things
that
related
to
the
constituting
the
Republic
;
but
so
,
that
all
Matters
of
great
moment
were
not
established
,
unless
the
[
](A46988-e56680-b)(f)
(f)
Polyb.
lib.
6.
Dionys.
Halic
.
lib.
4.
&
7.
Senatus
consulta
nullam
vim
legis
babehant
nisi
plebs
ea
probaret
.
People
confirmed
them
.
So
that
by
no
Decree
of
the
Senate
,
either
any
new
Law
was
introduced
,
or
any
old
one
abrogated
.
So
that
neither
in
Julius
Caesar
,
or
Augustus's
time
,
we
find
mention
of
their
Decrees
:
And
[
](A46988-e56730-b)(g)
(g)
1.
de
Repub.
c.
10.
Bodin
affirms
,
That
from
the
time
of
the
expulsion
of
the
Kings
,
to
the
Empire
of
Tiberius
Caesar
,
the
Senate
had
no
power
to
make
Laws
,
but
certain
Annual
Decrees
,
which
yet
did
neither
bind
the
People
or
Plebs
.
During
the
Civil
Wars
,
there
was
scarce
any
Authority
but
in
the
Emperors
,
till
Augustus
in
some
measure
restored
the
Power
of
the
Comitia
,
as
Suetonius
tells
us
,
who
saith
,
That
Julius
Caesar
[
](A46988-e56840-b)(h)
(h)
Jus
Comitiorum
non
in
totum
populo
ademerat
,
sed
cum
eo
partitus
est
.
Sueton.
in
Julio
.
did
not
wholly
abrogate
the
Power
of
the
Comitia
,
but
divided
the
Power
betwixt
himself
and
them
;
and
Augustus
brought
back
the
ancient
Jus
of
the
Comitia
:
And
Tacitus
tells
us
of
these
times
,
Ad
eam
diem
,
etsi
potissima
arbitrio
Principis
,
quaedam
tamen
studiis
Tribuum
fiebant
;
That
to
that
day
,
although
most
things
were
done
by
the
Will
of
the
Prince
,
yet
some
things
were
done
by
the
Study
of
the
Tribes
.
Yet
it
is
observed
,
That
from
what
time
the
Laws
and
the
[
](A46988-e56930-b)(i)
(i)
Ex
eo
igitur
tempore
legibus
&
plebiscitis
quiescentibus
Senatus
jus
facere
coepit
:
quanquam
non
tam
propria
Auctoritate
quam
conniventia
quadam
&
indulgentia
Principum
.
Vinnius
,
p.
14.
Plebiscita
were
weakned
,
or
less
regarded
,
the
Senate
began
to
make
Laws
;
but
it
was
by
the
Connivence
and
Indulgence
of
the
Princes
,
as
appears
by
the
Orations
the
Princes
had
in
the
Senates
.
Therefore
[
](A46988-e56970-b)(k)
(k)
Solus
arbiter
rerum
Jure
&
n
mine
Regio
.
1.
Annal.
Tacitus
makes
his
Prince
sole
Arbiter
of
Affairs
by
Kingly
Right
and
Name
;
and
gives
the
Reason
for
it
;
Because
the
nature
of
Commands
consists
not
otherwise
,
than
that
the
last
resort
be
to
One
:
Ea
est
imperandi
ratio
,
ut
non
aliter
constet
quam
si
uni
reddatur
.
So
the
Judicious
[
](A46988-e57010-b)(l)
(l)
Reges
dom●ni
rerum
temporumque
,
trahunt
conciliis
cuncta
,
non
sequuntur
.
Lib.
8.
Livy
saith
,
Kings
are
Lords
of
Things
and
Times
,
attracting
all
things
by
their
Counsel
,
not
following
them
.
So
Mecaenas's
Advice
was
to
[
](A46988-e57050-b)(m)
(m)
Insurgere
paulatim
munia
legum
,
&
magistratuum
ad
se
trahere
.
Tacit.
1.
Annal
.
Augustus
,
insensibly
and
gradually
to
draw
to
himself
the
Appointment
of
Laws
and
Magistrates
.
However
,
by
Pliny
it
is
recorded
,
to
the
Honour
of
Trajan
,
That
he
would
make
no
Laws
without
the
Senate
:
as
Alexander
did
nothing
in
Military
Affairs
,
without
his
Council
of
Officers
;
or
in
other
Matters
of
moment
,
without
his
Council
of
Prudent
Men.
Thus
the
Senate
had
a
shadow
of
Authority
,
and
were
something
like
the
Parliaments
of
France
,
to
ratifie
the
King's
Edicts
:
And
it
was
some
advantage
to
a
Senate
,
that
the
Prince
concurred
with
[
](A46988-e57130-b)(n)
(n)
Senatus
Potentiam
augendo
suae
serviebant
.
Suet.
c.
29.
them
,
&
è
contra
.
So
we
read
,
That
Theoderick
the
Goth
passed
that
obliging
Complement
upon
them
,
[
](A46988-e57180-b)(o)
(o)
Judicium
vestrum
(
Patres
Conscripti
)
noster
comitatur
assensus
.
Our
Assent
(
Fathers
of
the
Senate
)
accompanies
your
Judgment
.
So
Bodin
observes
,
That
whenever
the
Senate
had
any
Authority
,
it
was
when
it
was
particula
quaedam
Majestatis
,
and
had
it
not
vi
Senatus
,
sed
quia
simul
sustinet
partem
Majestatis
:
So
he
would
ascribe
to
the
Senate
Jus
decernendi
,
&
Sententiam
pronunciandi
;
but
to
want
the
absolute
Legislative
Power
.
For
if
the
Senate
had
obtained
that
,
the
Government
must
have
been
Aristocratical
.
How
the
Equites
,
by
a
Law
of
Caius
Gracchus
,
Tribune
of
the
People
,
were
brought
in
to
be
Judges
,
whereby
they
had
the
Lives
and
Fortunes
of
the
Senators
and
Nobles
in
their
Power
,
is
fully
discoursed
of
in
the
Judicious
History
of
[
](A46988-e57280-b)(p)
(p)
Lib.
3.
c.
9.
p.
722.
Dr.
Howel
,
to
whom
I
refer
the
Reader
.
There
were
also
Praetorian
Laws
,
and
the
Responsa
sapientum
;
but
these
seem
to
be
Judgments
passed
in
Courts
,
rather
than
Laws
,
and
are
like
our
Precedents
and
Reports
:
So
I
pass
them
,
as
also
the
Laws
of
the
Twelve
Tables
,
only
noting
,
Laws
of
the
Twelve
Tables
.
That
in
the
great
Strife
betwixt
the
Tribunes
of
the
People
and
the
Senate
,
about
the
298
of
the
City
,
Sp.
Posthumius
,
and
others
,
were
sent
to
Greece
,
to
fetch
a
Transcript
of
their
Laws
;
and
they
were
proposed
to
the
view
of
all
Men
in
Ten
Tables
,
and
a
Senatus
consultum
passed
for
ratifying
them
;
and
the
Question
being
put
to
the
People
,
in
the
Centuriata
Comitia
,
they
were
confirmed
most
religiously
,
in
the
presence
of
the
Pontifices
,
Augurs
,
and
Priests
,
and
were
engraven
in
Brass
:
By
which
Account
we
have
the
true
Method
of
the
Roman
making
of
Laws
.
The
Power
of
the
Senate
,
and
all
Magistrates
Authorities
,
The
Power
of
the
Senate
and
Magistrates
were
weakned
in
the
Civil
Wars
.
being
weakned
in
the
Wars
of
Marius
and
Sylla
,
and
still
more
in
those
betwixt
Pompey
and
Caesar
,
the
prevailing
Party
still
made
the
Senators
and
Tribunes
,
Consuls
,
&c.
of
their
Faction
.
The
like
was
done
in
Augustus's
time
,
after
the
Defeat
of
Anthony
:
so
that
both
Julius
and
Augustus
got
the
Tribunitian
Power
and
Consularships
,
and
Julius
got
himself
made
Dictator
for
ten
Years
,
and
had
Tribunitian
Power
for
Life
:
By
which
means
they
got
all
the
Powers
of
the
Commonweal
,
in
effect
,
into
their
Hands
;
all
which
was
confirmed
by
the
Lex
Regia
,
of
which
I
shall
say
something
.
The
Emperors
,
Julius
and
Augustus
,
Of
the
Lex
Regia
.
having
as
Conquerors
(
rather
than
by
any
other
Right
)
got
possession
of
the
Sovereign
Power
,
after
a
quieter
Settlement
,
obtained
the
Lex
Regia
to
be
established
;
of
which
[
](A46988-e57690-b)(q)
(q)
Lib.
1.
tit
.
2.
Instit.
Quod
Principi
placuit
,
legis
habet
vigorem
:
quum
lege
Regia
,
quae
de
ejus
Imperio
lata
est
,
populus
ei
,
&
in
eum
,
omne
Imperium
suum
&
potestatem
concedat
.
Justinian
saith
,
That
what
pleaseth
the
Prince
,
hath
the
vigour
of
a
Law
:
Forasmuch
as
by
the
Lex
Regia
,
which
was
made
concerning
his
Power
,
the
People
to
him
,
and
upon
him
,
granted
and
conferred
all
its
Command
and
Authority
.
Therefore
whatever
the
Emperor
by
his
Epistle
appoints
,
or
knowing
decrees
,
or
commands
by
Edict
,
that
is
a
Law
.
In
the
Pandects
he
mentioneth
it
almost
in
the
same
Words
;
and
in
[
](A46988-e57750-b)(r)
(r)
Tit.
De
veteri
Jure
enucleando
.
another
place
,
That
by
an
ancient
Law
,
called
Lex
Regia
,
all
the
Right
,
and
all
the
Power
of
the
Roman
People
was
translated
into
the
Emperor's
Authority
.
Some
Civilians
,
that
have
lived
in
Commonwealths
and
mixed
Governments
,
would
gladly
evade
the
force
of
this
,
by
making
the
Hortensian
Law
to
give
the
People
and
Senate
equal
Power
and
Authority
,
and
by
the
Lex
Regia
the
Prince
came
to
be
joyned
to
them
as
a
third
Party
;
so
that
the
Powers
of
neither
of
the
other
were
by
this
Law
extinguished
.
But
[
](A46988-e57810-b)(s)
(s)
Ad
ostenden
lam
enixam
suam
voluntatem
,
omne
Imperium
suum
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
transferendi
.
p.
15.
a.
Vinnius
saith
,
The
Words
ei
,
&
in
eum
,
signifie
the
People
to
have
endeavoured
to
show
their
Will
to
transfer
all
their
Power
,
Authority
,
or
Command
,
fully
and
compleatly
on
the
Emperour
.
Otherwise
,
How
can
it
be
said
they
grant
omne
Imperium
&
Potestatem
,
if
they
retained
any
of
their
old
Power
?
Though
upon
a
prudential
account
,
(
that
the
first
Emperors
might
not
endanger
their
own
Interest
by
too
universal
a
Change
)
they
did
leave
some
Shadow
of
Authority
to
the
Senate
and
People
,
which
Tacitus
elegantly
calls
,
Vestigia
morientis
Libertatis
,
some
Footsteps
of
dying
Liberty
.
[
](A46988-e57900-b)(t)
(t)
Lib.
4.
Hist.
c.
1.
Dr.
Howel
observes
,
That
Justinian
declareth
,
That
his
Sentence
standeth
for
Law
,
and
bindeth
all
under
his
Command
;
which
the
very
composing
of
the
Body
of
Law
,
as
from
him
it
is
transmitted
to
us
,
The
Roman
Emperours
absolute
Authority
in
making
Laws
.
sufficiently
demonstrates
:
Wherein
he
by
his
sole
Authority
repealeth
what
he
pleaseth
,
and
enacteth
a-new
what
seemeth
good
to
him
,
without
interposition
of
any
other
Authority
;
which
he
could
not
have
done
(
nor
his
Predecessors
)
as
to
the
Plebiscita
,
and
Senatus
Consulta
,
if
he
had
wanted
that
Power
which
the
People
and
Senate
had
,
and
were
devested
of
.
Juvenal
speaking
of
the
People
of
Rome
,
how
they
were
fallen
from
their
Power
and
Authority
,
and
were
,
under
the
Emperors
,
contented
to
have
the
Allowances
of
Corn
,
and
the
Pleasure
of
Shows
in
the
Cirques
,
expresseth
it
thus
:
—
Qui
dabat
olim
Imperium
,
Fasces
,
Legiones
,
omnia
,
nunc
se
Continet
,
atque
duas
tantum
res
anxius
optat
,
Panem
&
Circenses
.
In
stead
of
all
other
Authors
,
[
](A46988-e58080-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Lib.
53.
Dio
Cassius
may
serve
to
clear
this
Point
,
whose
Discourse
on
this
Subject
I
shall
epitomize
.
He
speaking
of
Augustus
,
saith
,
All
the
Power
of
People
and
Senate
was
transferred
upon
him
,
and
that
all
things
were
managed
merely
as
the
Prince
pleased
;
though
all
other
Magistrates
,
except
the
Censors
,
were
preserved
:
and
they
had
not
this
Power
by
Force
,
but
by
Law
;
The
Power
of
the
Roman
Emperours
.
taking
upon
them
all
things
which
were
of
greatest
Force
(
and
that
by
universal
consent
)
as
well
as
the
Names
;
as
of
Consuls
,
Imperator
(
not
only
as
General
,
but
to
signifie
their
plenary
and
absolute
Power
)
in
the
Room
of
King
and
Dictator
:
They
had
the
Power
of
raising
Men
and
Money
,
making
War
and
Peace
,
commanding
all
things
effectually
,
both
at
home
and
abroad
;
putting
to
death
Equites
and
Senators
,
and
doing
all
other
things
,
which
a
Consul
and
other
Magistrates
,
who
had
absolute
Power
,
might
do
:
They
were
Censors
,
admitted
Persons
into
Equestrian
and
Senatorian
Ranks
,
and
removed
them
at
their
Pleasure
;
were
inaugurate
in
all
Priesthoods
,
and
had
all
Religious
and
Sacred
things
in
their
Hands
.
As
to
the
Tribunitian
Power
,
it
enabled
them
to
interpose
against
any
thing
that
might
be
done
contrary
to
their
Pleasure
,
and
thereby
they
were
Sacrosanct
,
or
Inviolable
;
so
that
if
any
injured
them
in
the
least
,
by
Word
or
Deed
,
they
might
put
him
to
death
,
as
piacularly
criminal
.
They
have
another
Priviledge
(
saith
the
same
Author
)
which
never
was
universally
granted
to
any
Roman
;
for
the
Emperors
are
loosed
from
the
Laws
,
by
which
thing
alone
,
Liberty
is
given
them
to
do
those
things
which
he
hath
related
,
and
all
other
things
.
[
](A46988-e58210-b)(w)
(w)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Idem
.
He
concludes
thus
,
The
Common-wealth
was
changed
into
a
better
Form
and
Order
;
for
it
was
utterly
impossible
●●should
subsist
under
the
Power
of
the
People
.
From
the
Consideration
of
this
State
of
the
Empire
,
and
of
absolute
Sovereign
Princes
,
[
](A46988-e58240-b)(x)
(x)
Leges
jubere
,
&
universis
&
singulis
civil●s
dare
.
De
Repub.
lib.
1.
c.
10.
&
lib.
3.
Bodin
saith
,
it
is
the
first
and
principal
part
of
Majesty
,
to
command
Laws
,
and
impose
them
on
all
and
singular
the
Subjects
:
and
he
saith
,
That
in
the
Emperors
time
,
the
name
of
the
Senate
was
inscribed
only
to
testify
such
Laws
were
made
,
and
to
render
them
more
acceptable
to
the
People
,
by
the
opinion
they
would
then
have
,
that
they
were
made
with
Council
and
Prudence
.
So
[
](A46988-e58280-b)(y)
(y)
Polit.
c.
11.
Law-making
the
Prerogative
of
Sovereign
Princes
.
Anisaeus
ranks
it
among
the
first
of
the
Jura
Majestatis
to
make
Laws
:
for
that
the
Government
,
saith
he
,
is
for
the
most
part
by
Laws
;
therefore
they
should
be
in
the
hand
of
the
Sovereign
;
for
that
they
have
no
Power
,
but
as
they
are
inforced
by
his
Authority
,
who
possesseth
the
Plenitude
of
Empire
.
I
shall
only
note
a
few
things
of
the
absoluteness
of
the
Roman
Emperors
,
in
point
of
Law-making
or
abrogating
,
and
so
pass
to
the
considerations
of
our
English
Monarchy
;
referring
the
larger
and
more
explicit
treating
of
it
,
to
the
Chapters
of
Parliaments
.
In
the
Capitol
,
now
Lateran
Palace
,
is
extant
a
Table
of
[
](A46988-e58360-b)(z)
(z)
Gruteri
Inscript
.
p.
142.
A
Fragment
of
the
Lex
Regia
yet
extant
.
Brass
,
where
is
to
be
seen
a
fragment
of
the
Lex
Regia
,
renewed
as
to
Vespasian
,
confirming
many
things
of
Sovereign
and
sole
Authority
,
as
descending
upon
him
from
his
Predecessors
;
and
enacting
,
That
what
he
had
done
,
decreed
,
or
commanded
before
his
Ratification
,
should
be
held
and
taken
for
as
good
Law
,
as
if
the
People
it self
had
done
,
decreed
,
or
commanded
it
:
So
that
tho'
he
might
make
use
of
the
Senate
or
Peoples
Ratification
;
yet
his
Right
was
as
strong
before
.
So
[
](A46988-e58420-b)(a)
(a)
Tit.
De
Legibus
,
lib.
1.
Constantine
challengeth
to
himself
alone
,
Authority
to
judge
betwixt
Law
and
Equity
;
and
so
in
point
of
Repeal
of
Laws
,
[
](A46988-e58450-b)(b)
(b)
Non
ab
aliis
,
sed
a
sese
leges
abrogatas
suisse
.
Lib.
3.
Theodosius
and
Valentinian
say
,
That
the
Laws
were
to
be
abrogated
by
no
other
but
themselves
.
It
is
not
to
be
doubted
,
but
that
great
and
vast
Empires
require
for
their
better
Government
,
a
more
absolute
Power
in
the
Sovereign
,
to
make
Laws
suitable
to
Emergencies
,
for
the
Preservation
of
the
whole
.
So
the
Ottoman
Empire
,
and
those
of
China
,
Persia
,
and
the
Mogul
,
could
not
well
be
conserved
entire
without
it
:
Yet
in
these
there
are
established
Laws
,
agreeable
to
the
Laws
of
Nature
and
of
Nations
;
whereby
the
Rights
of
meum
and
tuum
to
Strangers
,
are
adjusted
;
and
the
Subjects
,
though
they
have
no
Property
like
the
Europaeans
,
yet
are
kept
in
Order
,
and
under
Protection
of
the
Laws
;
and
their
Absoluteness
consists
principally
in
the
ordering
the
Execution
of
any
Subject
,
without
Juridical
Process
;
in
placing
and
displacing
Governours
,
or
depriving
Cities
,
Provinces
and
Kingdoms
of
Priviledges
.
I
have
enlarged
upon
this
Head
,
to
show
how
happy
we
are
in
England
;
The
happy
State
of
England
,
in
the
disposing
of
the
Legislative
Power
.
that
though
the
Force
and
Vigor
of
all
our
Laws
,
flow
from
our
Sovereigns
Paternal
Care
,
●●ace
and
Bounty
;
yet
in
the
Point
of
making
and
abrogating
Laws
,
not
only
Consultation
is
had
with
so
venerable
a
Body
,
as
the
two
Houses
of
Parliament
are
,
but
nothing
is
done
by
the
Sovereign
,
without
their
own
Preparation
of
Bills
,
for
his
Royal
Assent
:
A
wise
and
wealthy
part
of
which
are
chosen
by
our selves
,
and
by
the
Kings
Permission
,
impowered
in
that
particular
to
act
for
us
,
in
deliberating
upon
,
and
fashioning
such
Bills
as
they
petition
the
Sovereign
to
grant
.
So
that
what
the
Judicious
[
](A46988-e58600-b)(c)
(c)
Preface
to
the
Reader
,
Comp.
History
.
Dr.
Brady
(
after
many
other
learned
Men
)
asserts
,
is
most
true
,
That
by
time
and
the
Concessions
of
our
Kings
,
the
Subjects
of
this
Government
have
and
may
enjoy
all
Freedom
and
Happiness
,
that
sober
rational
Men
can
desire
;
and
such
as
is
no
where
to
be
found
,
but
in
this
Island
,
and
the
Dominions
to
it
belonging
;
nor
can
any
Man
that
loves
his
Prince
or
Country
,
wish
for
other
than
the
present
Constitution
.
By
the
whole
series
of
great
Councils
,
in
the
Saxon
times
,
until
49
Hen.
3.
and
the
Parliaments
succeeding
,
I
shall
make
it
clear
,
That
the
Royal
Assent
is
that
which
forms
the
Preparatory
Bills
,
presented
by
both
Houses
,
into
Laws
;
and
that
in
ancienter
times
the
Laws
were
made
by
the
Kings
sole
Grant
,
by
way
of
Charter
.
I
shall
here
only
lay
down
some
Preliminaries
,
to
shew
in
general
what
the
ancient
Usage
was
,
referring
Particulars
to
the
following
Chapters
.
First
it
appears
,
That
there
were
no
certain
[
](A46988-e58680-b)(d)
(d)
Sheringham's
Supremacy
,
p.
51.
Anciently
Kings
called
whom
they
pleased
to
advise
them
in
making
Laws
.
Persons
designed
by
Law
,
whose
Concurrence
was
required
to
constitute
a
great
Council
;
but
the
Kings
used
the
Advice
only
of
those
whom
they
pleased
to
call
unto
themselves
;
who
were
always
such
as
they
thought
most
able
to
counsel
and
direct
them
in
the
matters
that
were
to
be
consulted
of
,
and
whose
assent
was
most
likely
to
add
most
Credit
and
Estimation
to
the
Laws
that
were
to
be
divulged
.
So
we
find
in
[
](A46988-e58710-b)(e)
(e)
Chron.
Sax.
Anno
670.
fol.
516.
And
tha
haefde
getheal
mid
his
witum
,
&
freondam
,
&
mid
heora
Teymenysse
&
fultum
&
gethafunge
,
Christes
geleassan
onfeng
.
Bed
.
Eccl.
Hist.
lib.
3.
c.
22.
Bede
,
that
Segebert
or
Sigbercht
,
who
was
King
of
the
East
Saxons
,
in
the
time
of
Oswi
King
of
Northumberland
(
who
perswaded
him
to
become
a
Christian
)
held
a
Council
with
his
Wites
,
i.e.
Nobles
and
Wisemen
,
and
his
Friends
;
and
by
their
Advice
,
Aid
and
Consent
,
received
the
Christian
Faith
.
We
find
,
that
Offa
King
of
the
Mercians
,
made
Laws
without
the
Assent
of
his
Great
Council
;
for
he
being
at
Rome
,
[
](A46988-e58860-b)(f)
(f)
Mat.
Paris
vita
Offae
,
p.
171.
Hoc
autem
per
totam
suam
ditionem
teneri
in
perpetuum
constituit
.
golng
into
the
School
of
the
English
which
was
there
;
out
of
his
Royal
Munificence
,
He
gave
to
the
support
of
the
People
of
his
Kingdom
,
that
should
come
thither
,
a
Penny
to
be
paid
yearly
for
ever
,
out
of
every
Family
,
by
all
,
whose
Goods
in
the
Fields
exceeded
the
value
of
Thirty
Pence
;
and
this
he
made
a
perpetual
Constitution
throughout
all
his
Dominions
,
excepting
the
Lands
conferred
upon
the
Monastery
of
St.
Albans
.
This
Imposition
and
Law
continued
a
long
while
in
force
;
though
we
find
it
not
confirmed
by
any
great
Council
in
his
own
time
,
or
his
Successors
;
only
in
the
Laws
of
King
Edgar
and
King
Edward
,
it
is
enjoyned
to
be
payed
as
the
Kings
Alms
;
which
implies
it
was
the
Kings
Gift
solely
,
not
by
consent
of
a
great
Council
.
So
his
Son
[
](A46988-e58930-b)(g)
(g)
Matt.
Paris
Auct
.
additam
.
fol.
239
,
240.
Ecgfrid
grants
Thyreseld
to
St.
Albans
,
with
the
Consent
and
Testimony
of
his
Magnates
;
which
imports
it
to
be
granted
by
Consent
of
a
Great
Council
,
and
the
Optimates
witnessing
are
Cynedrid
the
Queen
,
three
Bishops
,
one
Abbot
and
Brorda
,
Wiega
,
Cuthbert
,
Eobing
,
Esne
,
Cydda
,
Winbert
,
Heardbert
and
Brorda
Dukes
;
besides
Ethelbeard
Archbishop
,
Forthred
Abbat
,
and
Sighore
Son
of
Siger
.
But
I
shall
hereafter
more
copiously
give
an
Account
of
the
constituent
Parts
of
the
great
Councils
.
The
King
the
Fountain
of
Laws
.
The
Legislative
Power
(
saith
a
learned
[
](A46988-e59100-b)(h)
(h)
Sheringham's
Supremacy
,
p.
34.
Leges
vero
Anglicanae
&
consuetudines
,
Regum
Authoritate
,
jubent
quandoque
,
quandoque
vetant
,
&
quandoque
vindicant
,
&
puniunt
transgressores
.
Bracton
,
lib.
1.
c.
2.
Author
)
belongs
to
the
King
alone
by
the
Common
Law
;
for
though
the
two
Houses
have
Authority
granted
them
by
the
King
to
assent
or
dissent
;
yet
the
Power
that
makes
it
a
Law
,
the
Authority
that
animates
it
,
and
makes
it
differ
from
a
dead
Letter
,
is
in
the
King
,
who
is
the
Life
and
Soul
of
the
Law
;
by
whose
Authority
alone
the
Laws
command
,
forbid
,
vindicate
and
punish
Transgressors
.
This
was
resolved
by
divers
Earls
and
Barons
,
and
by
all
the
Justices
in
the
Reign
of
King
Edward
the
Third
;
for
one
[
](A46988-e59160-b)(i)
(i)
Fuit
dit
que
le
Roy
sist
les
Leis
per
assent
des
Peres
,
&
de
la
Commune
,
&
non
pas
les
Peres
,
&
le
Commune
;
&
qu'il
ne
avera
nul
Pere
en
sa
terre
demesne
,
&
que
le
Roy
per
eux
ne
doit
estre
ajuge
.
22
E.
3.
c.
1.
Haedlow
and
his
Wife
,
having
a
Controversie
with
the
King
,
and
desiring
to
have
it
decided
in
Parliament
:
It
was
resolved
,
That
the
King
makes
Laws
by
the
Assent
of
the
Lords
and
Commons
;
and
not
the
Lords
and
Commons
;
and
that
he
could
have
no
Peer
in
his
own
Land
,
and
could
not
be
judged
by
them
.
This
is
further
manifested
,
that
the
Laws
are
primarily
and
properly
made
by
the
King
;
and
the
two
Houses
have
a
Cooperation
,
but
no
Co-ordination
of
Power
:
for
the
breach
of
any
Statute
,
whether
it
be
by
Treason
,
Murther
,
Felony
,
Perjury
,
or
by
any
other
way
,
is
an
offence
against
the
[
](A46988-e59200-b)(k)
(k)
Encounter
la
Corone
&
Dignitie
le
Roy.
Stanford
's
Pleas
of
the
Crown
,
lib.
1.
c.
1.
Kings
Authority
alone
;
and
Pleas
made
against
such
Offences
,
are
called
,
The
Pleas
of
the
Crown
;
because
they
are
done
against
the
Crown
and
Dignity
of
the
King
.
So
that
it
is
not
the
Dignity
and
Authority
of
the
Lords
and
Commons
,
which
is
violated
,
but
the
Dignity
and
Authority
of
the
King
.
This
appears
also
in
the
Power
the
[
](A46988-e59260-b)(l)
(l)
Sheringham
,
p.
35.
See
Finch
lib.
2.
fol.
22.
Coke
2
II.
7.
lib.
7.
fol.
14.
Stanford
lib.
2.101
.
King
hath
in
dispensing
with
such
Laws
,
as
forbid
a
thing
which
is
not
malum
in
se
,
and
in
pardoning
the
Transgression
of
others
;
as
Treason
,
Felony
,
&c.
which
in
Reason
he
ought
no
more
to
do
,
than
to
dispense
with
the
Laws
of
Germany
,
Spain
or
France
;
or
pardon
the
Transgressors
thereof
,
if
they
were
not
made
by
his
Authority
.
Furthermore
it
is
a
certain
Maxim
of
the
Law
,
[
](A46988-e59380-b)(m)
(m)
Ejusdem
est
leges
interpretari
,
cujus
est
condere
.
The
Amendment
was
sealed
by
the
Great
Seal
.
2
May
,
9
E.
1.
commanding
the
Justices
to
do
and
execute
all
and
every
thing
contained
in
it
,
though
the
same
did
not
accord
with
the
Statute
of
Gloucester
in
all
things
.
None
can
interpret
the
Laws
,
but
the
same
Power
that
makes
them
:
But
the
King
may
do
this
,
as
appears
by
the
Statute
of
Glocester
6●●
.
where
,
immediately
after
the
Statute
,
are
these
words
;
After
by
the
King
and
his
Justices
,
certain
Expositions
were
made
upon
some
of
the
Articles
above
mentioned
:
So
the
Judges
are
appointed
by
the
King
,
and
they
have
from
him
a
Power
to
interpret
the
Law
judicialiter
;
otherwise
they
could
not
proceed
to
Judgment
;
and
being
called
by
the
King
,
with
him
,
and
under
him
,
they
have
a
Power
to
interpret
the
Law
Authoritativé
.
But
the
two
Houses
(
besides
,
that
they
can
do
nothing
singly
or
joyntly
,
without
the
Kings
Concurrence
)
in
[
](A46988-e59470-b)(n)
(n)
Sheringham
ut
supra
.
their
make
and
composition
,
are
unfit
to
interpret
Law
:
For
such
Power
as
interprets
Law
,
must
be
always
existent
,
or
in
being
,
to
act
according
to
emergent
Occasions
;
which
the
two
Houses
are
not
:
And
if
they
were
a
permanent
Body
,
yet
they
having
a
Negative
upon
each
other
,
the
Interpretation
of
the
Law
must
be
retarded
,
and
all
Controversies
depending
thereupon
undecided
:
And
this
Disagreement
might
perhaps
endure
for
ever
;
and
so
,
a
final
Determination
in
such
Suits
would
be
impossible
.
Now
these
are
Inconveniences
which
ought
not
to
be
admitted
in
any
Commonwealth
;
for
it
derogates
both
from
the
Honour
and
Wisdom
of
a
Nation
,
to
be
so
moulded
and
framed
,
that
Justice
cannot
have
a
free
Passage
in
all
Contingencies
.
Not
only
the
Legislative
Power
it self
,
but
the
very
[
](A46988-e59490-b)(o)
(o)
Hem
,
p.
36.
The
King
may
provide
for
all
things
necessary
for
Government
,
where
the
Law
hath
not
provided
,
or
contradicts
not
.
Exercise
of
the
Power
also
(
so
far
as
it
is
essential
to
Government
)
is
in
the
King
alone
;
for
he
can
by
Edicts
and
Proclamations
provide
for
all
necessary
occasions
,
and
special
Emergencies
,
not
provided
for
by
fixed
Laws
,
which
is
one
of
the
most
excellent
and
eminent
Acts
of
the
Legislative
Power
,
and
a
sufficient
Remedy
against
all
Mischiefs
,
in
case
the
two
Houses
should
refuse
to
concurr
with
him
in
those
things
which
concern
the
Benefit
of
the
Kingdoms
.
For
as
[
](A46988-e59520-b)(p)
(p)
Ea
quae
Jurisdictio●is
sunt
,
&
pacis
,
&
ea
q●ae
sunt
Justitiae
&
paci
annexa
,
ad
nullum
pertinent
nisi
ad
Coronam
&
Dignitatem
Regi●m
.
Bracton
lib.
2.
c.
24.
Bracton
saith
,
those
things
which
belong
to
Jurisdiction
and
Peace
,
and
those
which
are
annexed
to
Justice
and
Peace
,
appertain
to
none
but
the
Crown
,
neither
can
they
be
separated
from
it
,
because
they
make
the
Crown
.
If
the
King
should
unwarily
by
Act
of
Parliament
consent
to
any
thing
prejudicial
and
derogatory
to
His
Royal
Prerogative
,
such
Acts
are
void
by
the
Common
Law
,
and
the
Judges
are
bound
to
declare
them
so
;
as
that
of
23.
H.
6.
about
Sheriffs
,
not
to
continue
longer
than
one
Year
,
was
by
the
Judges
declared
void
,
and
all
Kings
since
,
might
with
a
Clause
of
non
obstante
,
against
the
manifest
words
of
the
Statute
,
have
granted
that
office
for
Life
,
in
Tail
,
or
in
Fee
.
But
I
need
not
enlarge
upon
this
,
for
all
the
Acts
for
the
King's
Supremacy
,
all
the
Laws
and
Statutes
that
over
were
made
,
put
this
beyond
Dispute
,
that
the
affirmative
Voice
is
absolutely
in
the
King
;
that
no
Laws
can
be
binding
,
or
be
Laws
at
all
,
without
his
special
Consent
:
and
this
being
one
of
the
great
Rights
of
Sovereignty
,
cannot
be
separated
from
the
Person
of
the
King
,
although
he
[
](A46988-e59580-b)(q)
(q)
Suprema
jurisdictio
&
potestas
Regia
etsi
Princeps
volet
,
separari
non
pessunt
;
sunt
enim
ipsa
sorma
&
substantialis
essentia
Majestatis
,
ergo
manente
ipso
Rege
,
ab
eo
abdicari
non
possunt
.
Cabedo
Pract.
Obs.
par.
2.
decis
.
40.
would
himself
:
For
it
is
essential
to
Majesty
and
Soveraignty
,
and
cannot
be
abdicated
while
he
remaineth
King
,
nor
separated
without
the
diminution
or
destruction
of
Majesty
.
How
both
King
and
People
are
obliged
to
defend
the
Rights
of
the
Crown
,
will
appear
in
the
Laws
ascribed
to
King
Edward
the
Confessor
,
in
the
17.35
.
and
56.
As
to
the
Particular
,
How
absolutely
necessary
the
Royal
Assent
is
to
all
Laws
,
in
the
Act
of
Recognition
to
King
James
the
First
,
it
is
fully
expressed
thus
:
Which
if
Your
Majesty
shall
be
pleased
(
as
an
Argument
of
your
Gracious
acceptation
)
to
adorn
with
Your
Majestie
's
Royal
Assent
,
without
which
it
can
neither
be
Compleat
,
and
Perfect
,
nor
remain
to
all
Posterity
according
to
our
Desire
,
as
a
Memorial
of
your
Princely
and
tender
Affection
towards
us
,
&c.
Against
what
I
have
laid
down
,
those
who
were
for
co-ordinate
Powers
in
the
two
Houses
,
object
many
things
;
Answers
to
some
Objections
against
the
King's
sole
establishing
of
Laws
.
some
I
have
answered
in
the
Chapter
of
the
King's
Sovereignty
,
and
I
shall
meet
with
others
in
the
Chapters
of
Parliaments
:
And
shall
here
only
take
notice
of
some
omitted
,
or
not
fully
answered
there
.
Against
the
assertion
,
That
the
Liberties
granted
by
King
Henry
the
Third
,
were
by
way
of
Charter
;
they
produce
the
Preamble
[
](A46988-e59680-b)(r)
(r)
Coke
2
Instit.
fol.
525.
to
the
Confirmation
of
King
Edward
the
First
,
of
Magna
Charta
,
La
Charte
des
Franchises
,
&
la
Charte
de
la
Forest
,
les
queux
fuerent
faitz
per
Commen
de
tout
Royalm
,
en
le
temps
le
Roy
Henry
pier
,
soient
tenue
,
&c.
and
Charta
de
Foresta
,
wherein
he
saith
that
the
Charter
of
Liberties
,
and
the
Charter
of
the
Forest
,
made
by
the
Community
of
all
the
Realm
,
in
the
time
of
King
Henry
our
Father
,
shall
be
kept
,
&c.
To
which
,
with
the
Judicious
Doctor
.
[
](A46988-e59780-b)(s)
(s)
General
Preface
to
Compleat
History
,
p.
41.
The
ancient
Kings
sealing
of
Charters
of
Liberties
,
reputed
Laws
.
Brady
,
may
be
answered
that
these
were
the
Petitions
and
Requests
of
the
Community
of
the
Kingdom
,
and
may
be
said
to
be
made
,
that
is
,
digested
by
them
into
the
form
of
a
Charter
.
So
the
Barons
offered
King
John's
Magna
Charta
to
him
ready
drawn
in
a
Schedule
,
and
forced
him
to
grant
it
,
and
cause
his
Seal
to
be
put
to
it
;
and
the
whole
strength
and
validity
of
the
Charter
lay
in
his
Grant
,
and
the
Confirmation
of
it
under
his
Seal
.
This
was
the
only
Security
they
desired
,
and
demanded
no
other
,
and
the
Tenour
of
all
the
Charters
were
accordingly
,
We
grant
,
We
confirm
,
We
give
for
us
and
our
Heirs
,
to
them
and
their
Heirs
,
&c.
Which
Grants
and
Concessious
were
always
in
these
times
accepted
,
and
acknowledged
to
be
sufficient
,
without
the
least
doubting
or
scruple
,
There
was
no
other
Power
or
Authority
that
gave
them
being
but
the
King's
;
so
that
it
seemed
the
great
Councils
or
Parliaments
of
those
times
,
owned
the
Kings
Charters
under
Seal
,
and
the
Grants
made
by
them
to
the
People
,
to
be
of
good
force
and
effect
,
and
that
their
Petitions
,
to
which
he
gave
his
assent
,
and
caused
to
be
put
under
his
Seal
,
were
by
them
accepted
,
and
from
time
to
time
acknowledged
as
firm
and
valid
Laws
.
The
same
learned
[
](A46988-e59850-b)(t)
(t)
Idem
,
p.
67.
The
Laws
planted
by
Kings
.
Doctor
Brady
observes
that
Sir
Edward
Coke
hath
a
formal
way
of
speaking
,
The
Law
doth
this
,
and
,
The
Law
doth
that
,
This
is
Law
,
That
is
by
Common
Law
of
England
,
abstracting
it
from
any
dependance
upon
,
or
Creation
by
the
Government
;
as
if
it
had
been
here
before
there
was
any
,
and
had
grown
up
with
the
first
Trees
,
Herbs
,
and
Grass
that
grew
upon
English
Ground
,
and
had
not
been
of
our
antient
Kings
and
their
Successors
planting
,
by
assistance
and
advice
of
their
great
Councils
in
all
Ages
,
as
it
was
found
expedient
either
by
them
,
or
upon
Petition
and
Request
of
their
People
;
which
is
acknowledged
by
all
the
Bishops
,
Earls
,
Barons
,
and
People
present
at
the
[
](A46988-e59910-b)(u)
(u)
Claus.
1
E.
2.
m.
10.
dorso
.
Coronation
of
King
Edward
the
Second
,
in
these
words
:
Sir
,
Will
you
grant
and
keep
,
and
by
your
Oath
confirm
to
the
People
of
England
,
the
Laws
and
Customs
granted
to
them
by
the
antient
Kings
of
England
,
your
Predecessors
,
true
and
devout
to
God
,
and
namely
the
Laws
and
Customs
and
Liberties
granted
to
the
Clergy
and
People
,
by
the
glorious
King
Edward
your
Predecessor
?
Another
Objection
some
make
against
the
Absoluteness
of
the
King's
Power
,
Second
Objection
.
when
it
is
said
in
antient
Statutes
,
The
King
ordains
,
The
King
wills
,
that
it
hath
been
resolved
by
many
of
the
Judges
,
[
](A46988-e60020-b)(w)
(w)
Coke
8.
Report
.
s
.
20.
b.
that
if
these
Statutes
be
entred
in
the
Parliament
Rolls
,
and
allowed
as
acts
of
Parliament
,
it
shall
be
intended
they
were
by
Authority
of
Parliament
.
With
the
Judicious
Dr.
Brady
I
shall
not
enquire
how
such
Entry
and
such
Allowance
(
without
any
Words
in
the
Statutes
to
that
purpose
)
can
make
them
to
be
by
Authority
of
Parliament
.
But
we
may
he
sure
,
those
Words
,
The
King
ordains
,
The
King
wills
,
being
pronounced
in
Parliament
,
and
recorded
in
the
Rolls
thereof
,
do
clearly
prove
the
King's
Authority
and
Power
in
making
Laws
,
to
be
far
greater
than
many
Men
would
allow
him
,
or
have
him
to
enjoy
.
[
](A46988-e60090-b)(x)
(x)
Lib.
3.
c.
9.
Bracton
,
and
the
Author
of
[
](A46988-e60130-b)(y)
(y)
Lib.
1.
c.
17.
●leta
,
applying
the
Passage
of
the
Civil
Law
,
Quod
Principi
placet
,
Legis
habet
vigorem
,
to
the
King
of
England
,
say
,
That
Clause
ought
not
to
be
understood
of
every
thing
that
is
rashly
presumed
to
be
his
Will
,
but
of
that
which
is
justly
determined
upon
good
Advice
and
Deliberation
,
by
the
Counsel
of
his
Magistrates
,
[
](A46988-e60190-b)(z)
(z)
R●ge
Authoritatem
prastante
.
the
King
giving
it
Authority
,
and
confirming
it
for
a
Law
;
and
from
hence
[
](A46988-e60200-b)(a)
(a)
Cum
ipse
sit
Author
Juris
,
non
debet
inde
Injuriarum
nasci
occasio
,
unde
Jura
nascuntur
.
infer
,
That
when
he
himself
is
the
Author
of
the
Law
,
Injustice
ought
not
to
spring
from
the
same
Fountain
from
whence
the
Law
doth
spring
.
It
is
no
diminution
of
the
Sovereignty
of
a
Prince
,
in
the
matter
of
making
Laws
,
or
repealing
them
,
to
have
the
Assent
of
the
Nobles
,
and
such
a
select
Body
of
Great
and
Wise
Men
as
the
House
of
Commons
are
.
But
when
(
as
in
the
Parliament
1641.
)
the
Two
Houses
claim
a
Co-ordinate
Power
,
and
would
make
their
Advices
be
swallowed
as
Commands
,
it
is
this
that
all
Loyal
Persons
should
oppose
.
We
generally
understand
,
that
the
Persian
Monarchy
was
as
Absolute
as
any
;
yet
in
it
we
have
a
manifest
Discovery
of
the
Concurrence
of
the
Nobles
in
preparing
a
Decree
;
The
Persian
manner
of
making
Laws
.
yet
they
wanted
the
King's
establishing
the
Decree
,
by
his
signing
it
,
whereby
it
might
not
be
changed
:
and
Grotius
thinks
they
signed
it
also
.
[
](A46988-e60270-b)(b)
(b)
Dan.
cap.
6.
v.
7
,
8
,
9.
The
Words
are
,
The
Presidents
and
Princes
assembled
together
to
the
King
,
and
told
him
,
That
all
the
Presidents
of
the
Kingdom
,
the
Governours
and
the
Princes
,
the
Counsellors
and
the
Captains
,
have
consulted
together
to
establish
a
Royal
Statute
,
and
to
make
a
firm
Decree
,
&c.
Now
,
O
King
,
establish
the
Decree
,
and
sign
the
Writing
,
that
it
be
not
changed
,
according
to
the
Law
of
the
Medes
and
Persians
,
which
altereth
not
.
Here
the
Presidents
,
&c.
assembled
,
consult
about
the
Decree
,
they
propose
it
as
they
had
framed
it
;
yet
they
own
,
it
was
of
no
force
without
the
King
's
establishing
and
signing
it
:
Which
is
exactly
parallel
with
the
Constitution
of
the
Legislative
in
England
,
if
we
joyn
the
Commoners
to
the
Presidents
,
Princes
,
&c.
No
radical
mixture
of
Power
in
the
two
Houses
with
the
King
.
But
the
Writers
for
the
Long
Parliament
,
were
so
desirous
to
make
the
Two
Houses
to
have
a
Radical
Mixture
of
the
Legislative
Power
equal
with
the
King
's
,
that
they
sought
all
the
specious
and
plausible
Arguments
they
could
,
to
enforce
it
,
having
little
regard
to
what
was
Law
it self
,
or
ancient
Usage
.
Therefore
one
of
them
,
in
his
[
](A46988-e60360-b)(c)
(c)
Pag.
39.
Answer
to
Dr.
Fern
,
saith
,
A
Legislative
Power
is
not
to
be
satisfied
by
a
bare
powerless
Consent
;
Third
Objection
.
and
therefore
deman●
Whether
that
Consent
be
causal
and
authoritative
,
or
meerly
consiliary
and
unauthoritative
?
That
the
Two
Houses
have
an
Enacting
Authority
,
he
would
prove
from
that
Clause
set
in
the
beginning
of
Acts
,
Be
it
Enacted
by
the
King
's
most
Excellent
Majesty
,
This
will
appear
a
Form
of
Words
lately
made
use
of
,
in
the
Twenty
fourth
Chapter
.
and
the
Authority
of
the
Lords
and
Commons
assembled
in
Parliament
:
For
,
he
saith
,
this
implies
distinct
Authorities
;
for
the
Addition
of
the
Authority
of
the
Lords
and
Commons
were
superfluous
,
if
Laws
be
enacted
by
the
King's
Authority
alone
.
To
which
it
may
replied
,
according
to
[
](A46988-e60430-b)(d)
(d)
King's
Supremacy
,
p.
89.
Mr.
Sheringham
,
That
though
it
be
granted
,
that
they
have
an
Enacting
Authority
in
this
particular
of
Law-making
,
(
which
how
step
by
step
it
hath
been
brought
to
the
state
it
is
now
in
,
will
be
cleared
in
the
following
Chapters
)
yet
the
Question
is
,
first
,
Whether
that
be
only
a
Power
of
assenting
,
that
such
or
such
a
Law
shall
be
established
;
or
a
Power
that
commandeth
and
giveth
life
and
vigour
to
the
Laws
?
Secondly
,
Whether
the
Power
be
radically
in
themselves
,
or
derived
from
the
King
?
As
to
the
first
,
It
is
agreed
by
the
Judges
,
[
](A46988-e60470-b)(e)
(e)
2
H.
7.14.11
H.
7.25
.
Lambard
Archeion
,
fol.
271.
That
the
Words
Assenteth
and
Enacteth
are
equivalent
in
this
Case
:
For
their
Power
of
preparing
Materials
for
a
Law
,
by
framing
Bills
,
sufficiently
denotes
their
Assent
,
because
they
are
Bills
of
their
own
framing
;
and
the
Wisdom
they
show
in
these
,
and
the
Care
of
the
Government
and
People
,
will
always
make
that
August
Body
of
great
use
to
the
Government
,
and
valuable
by
their
Fellow-subjects
.
But
secondly
,
In
this
Particular
the
Writ
of
Summons
is
that
which
gives
them
all
the
Power
,
of
which
in
the
Chapter
of
Parliaments
I
shall
enlarge
.
It
must
be
considered
from
whom
they
have
this
Authority
.
They
have
the
Use
and
Exercise
of
the
Legislative
Power
,
so
far
as
is
necessary
for
that
Act
,
although
it
be
not
radically
in
them
:
for
although
the
King's
Authority
cannot
be
separated
from
him
privativè
,
so
as
to
deprive
him
of
it
;
yet
cumulativè
it
may
be
inherent
in
his
own
Person
,
and
yet
be
in
others
too
;
as
the
Light
of
the
Sun
is
inherent
in
its
own
Body
,
and
yet
diffused
through
the
whole
World
:
And
so
we
call
it
Moon-shine
,
and
Star-light
,
when
all
their
Lights
are
from
the
Sun
.
And
this
Delegate
Authority
may
be
called
theirs
,
because
for
the
time
of
their
Sitting
they
are
by
the
Sovereign
and
Constitution
of
Government
so
capacitated
to
act
:
But
since
they
are
called
by
the
King
's
Writ
,
and
dissolved
at
his
Pleasure
,
they
cannot
be
said
to
have
the
Power
radically
in
themselves
.
If
this
radical
Power
in
the
Two
Houses
were
true
,
How
could
the
[
](A46988-e60590-b)(f)
(f)
24
H.
8.
1
E.
6.
c.
2.
Statutes
declare
the
King
to
have
entire
,
whole
,
and
plenary
Power
,
and
to
be
so
Supreme
,
that
all
Authority
is
derived
from
him
,
and
all
Obedience
and
Allegiance
due
to
him
,
and
him
alone
?
An
utmost
Chiefty
and
Primity
of
Share
(
as
they
used
to
speak
in
1641.
)
will
not
make
out
the
Force
of
the
Statutes
.
Because
the
Kings
of
England
desiring
to
rule
their
People
by
Lenity
,
have
out
of
Princely
Clemency
condescended
so
far
,
as
not
to
impose
upon
them
(
as
hereafter
it
will
appear
they
anciently
did
)
any
new
Law
,
or
alter
and
repeal
the
old
,
without
their
own
Consents
,
by
their
Representatives
:
The
Black
Parliament
of
1641.
would
have
the
People
believe
,
The
Encroachments
of
the
Black
Parliament
.
that
their
Authority
was
equal
with
the
Kings
:
But
when
Success
had
.
hardned
them
,
they
were
not
content
with
a
share
,
they
at
first
challenged
,
but
laid
claim
to
all
;
wholly
excluding
the
King
,
and
denying
him
his
Negative
Voice
;
usurping
and
taking
upon
them
the
whole
Power
of
making
Laws
:
So
that
this
Serpent
of
Co-ordinate
Power
is
not
to
be
suffered
to
wrigle
in
its
Head
,
lest
the
whole
Body
glide
easily
after
.
But
I
leave
the
further
discourse
of
this
to
its
proper
Place
,
Preface
to
the
following
Chapters
.
and
shall
now
proceed
to
give
some
Light
to
the
Government
the
Britans
had
among
them
,
by
the
Comparison
is
found
betwixt
them
,
the
Gauls
and
Germans
:
Being
desirous
,
as
much
as
I
can
,
to
show
the
Ancientest
usages
,
and
under
the
several
Conquests
of
England
;
how
the
Government
hath
received
Growth
and
Alteration
(
sometimes
the
People
being
under
the
Slavery
of
absolute
Conquerors
,
and
other
times
factious
Nobles
bearding
their
Kings
)
how
the
even
Thred
of
Regular
Government
hath
been
carried
on
or
interrupted
;
how
from
an
absolute
Power
of
giving
Law
,
and
ruling
in
a
Military
way
,
by
the
Feudal
Law
,
and
many
other
particulars
,
the
Government
is
brought
to
that
Temperament
,
whereby
the
Subjects
may
,
if
they
will
be
dutiful
,
live
happilier
than
any
other
do
.
To
illustrate
all
these
,
it
will
be
necessary
to
represent
the
State
of
the
Britans
under
the
Romans
,
and
to
discourse
of
the
Germans
,
from
whence
our
Saxon
Ancestors
came
;
and
of
both
of
their
Manners
and
Laws
,
and
from
thence
to
proceed
to
illustrate
the
Legislative
Power
:
In
all
which
,
if
I
carry
my
Reader
out
of
his
Country
,
to
view
the
State
of
our
Ancient
Neighbours
;
I
hope
he
will
think
it
no
ill
spent
time
,
to
make
that
pleasing
as
well
as
profitable
towr
:
And
though
I
represent
him
his
Ancestors
rude
and
barbarous
in
Comparison
of
the
Roman
civilizedness
;
yet
he
will
find
they
had
some
Religion
,
some
Arts
,
great
and
generous
Souls
,
as
well
as
strong
Bodies
;
and
their
greatest
mis-hap
seems
to
be
,
that
those
in
Britan
,
Gaul
or
Germany
,
were
not
under
one
Monarchy
,
Nec
aliud
adversus
validissimas
Gentes
pro
nobis
utilius
quam
quod
in
commune
non
consulunt
.
Vita
Agricolae
,
p.
308.
but
divided
into
Multitudes
of
little
Kingdoms
:
which
made
Tacitus
observe
,
That
there
was
nothing
more
profitable
to
the
Romans
,
against
the
most
puissant
and
valiant
Nations
,
than
that
they
advised
not
in
common
.
CHAP.
XXII
.
Of
the
Government
of
the
Britans
,
and
the
Romans
imposing
their
Laws
upon
them
.
Antiquity
of
English
Customs
.
CHancellor
[
](A46988-e60920-b)(a)
(a)
Regnum
illud
eisdem
quibus
jam
regitur
consuetudinibus
continue
regulatum
suit
.
De
laudibus
LL.
Angliae
,
c.
17.
Fortescue
affirms
,
That
in
all
the
times
of
the
Britans
,
Saxons
,
Danes
and
Normans
,
and
of
their
Kings
,
this
Realm
was
ruled
with
the
self
same
Customs
,
that
it
is
now
governed
withal
;
which
,
he
saith
,
if
they
had
not
been
right
good
,
some
of
those
Kings
,
moved
either
with
Justice
,
with
Reason
or
Affection
,
would
have
changed
them
,
or
else
altogether
have
abolished
them
,
and
especially
the
Romans
,
who
did
judge
all
the
rest
of
the
World
by
their
own
Laws
.
So
Sir
Edward
Coke
[
](A46988-e61000-b)(b)
(b)
Epistle
to
the
sixth
Book
of
Reports
.
saith
,
the
common
Law
of
England
was
here
before
the
Entry
of
the
Romans
,
Saxons
,
Danes
and
Normans
;
and
it
was
never
altered
by
any
of
them
;
and
so
he
[
](A46988-e61040-b)(c)
(c)
Proem
to
2.
Instit.
fol.
1.
and
2.
Instit.
fol.
3.
makes
Magna
Charta
Declaratory
of
the
principal
Grounds
of
the
fundamental
Laws
of
England
,
and
for
the
residue
,
that
it
is
additional
to
supply
some
Defects
of
the
Common
Law
,
and
was
no
new
Declaration
.
So
Sir
John
Davis
,
in
his
Preface
to
the
[
](A46988-e61110-b)(d)
(d)
Leges
m●●ibus
recept●●
majoris
sunt
Autoritatis
quam
leges
scriptae
.
Arist.
Polit.
lib.
3.
c.
12.
Irish
Reports
,
magnifies
the
Common
Law
as
Jus
non
scriptum
,
better
than
all
the
written
Laws
in
the
World
;
excelling
Parliament
Laws
,
which
are
written
;
coming
nearest
to
the
Law
of
Nature
,
which
is
the
Root
and
Touchstone
of
all
good
Laws
.
When
I
read
these
Assertions
,
I
think
it
had
been
incumbent
upon
these
learned
Men
to
have
deduced
(
as
far
as
they
could
by
History
)
some
Testimonies
of
Ancient
Writers
,
to
have
confirmed
their
Positions
:
But
in
none
of
them
do
we
find
the
least
offer
of
a
Proof
for
what
they
say
.
I
think
it
would
be
a
very
commendable
Work
,
and
very
pleasant
to
all
ingenious
Persons
;
The
Benefit
to
have
our
Common
Laws
and
Customs
ascertained
and
compared
with
all
Ancient
Laws
.
if
some
of
the
Long
Robe
would
digest
into
Heads
,
that
which
is
owned
as
the
Common
Law
.
For
though
Sir
John
Davis
calls
it
unwritten
,
and
which
had
its
beginning
beyond
the
Memory
of
any
Man
living
;
and
that
a
Custom
tryed
and
approved
,
time
out
of
mind
,
doth
become
a
Law
to
bind
the
People
;
yet
nothing
can
hinder
,
but
whatever
is
preserved
in
the
Memory
of
Men
living
,
and
owned
as
custom
,
may
be
committed
to
writing
:
Now
I
would
not
only
desire
it
might
be
so
written
and
published
,
but
that
some
judicious
Lawyer
(
who
was
likewise
well
versed
in
History
and
Antiquities
)
would
search
out
for
some
parallel
written
Laws
among
the
Graecians
and
Romans
,
as
also
compare
all
the
Saxon
Laws
we
have
,
the
Laws
of
the
Lombards
,
Boiarian
,
Ripuarian
,
and
other
Laws
,
and
then
I
doubt
not
but
they
would
acquire
a
greater
Veneration
in
the
World
;
and
it
would
be
known
whether
the
Opinions
of
the
learned
Chancellor
and
Lord
Chief
Justice
,
were
to
be
relied
upon
as
to
the
Antiquity
of
them
before
the
Roman
time
.
The
Glory
of
his
Profession
,
and
of
our
Nation
(
as
to
that
learning
he
was
versed
in
,
which
was
not
small
)
I
mean
[
](A46988-e61250-b)(e)
(e)
Notes
upon
Fortescue
,
p.
14.
ad
22.
Mr.
Selden
,
hath
given
the
best
Solution
to
this
point
of
the
Antiquity
of
our
Customs
and
Common
Law
,
that
I
have
yet
met
with
;
which
I
shall
abstract
in
as
summary
a
way
as
I
can
.
First
he
saith
,
The
Opinion
of
the
Antiquity
of
our
Common
Law
,
before
the
Civil
,
is
founded
upon
the
Story
of
Brute
(
of
which
the
Chancellor
speaks
in
his
Thirteenth
Chapter
)
and
that
Story
supposing
him
to
be
here
more
than
three
Hundred
Years
before
Rome
was
built
,
makes
the
Chancellor
conclude
our
Common
Law
so
Ancient
;
but
supposing
there
were
some
Truth
in
that
Fiction
,
how
can
the
Chancellor
be
certain
,
that
the
same
kind
of
Law
and
Policy
hath
ever
since
continued
;
unless
an
Oral
Tradition
may
here
find
as
great
respect
,
as
it
hath
with
some
in
spiritual
matters
.
The
Antiquity
of
all
Laws
.
Therefore
with
Mr.
Selden
we
may
judge
all
Laws
in
general
,
originally
to
be
equally
Ancient
,
as
being
grounded
upon
Nature
,
every
Nation
taking
the
grounds
of
their
Laws
from
it
;
and
Nature
being
the
same
in
all
,
the
beginning
of
all
Laws
must
be
the
same
:
Even
from
the
first
Peopling
of
the
Land
,
when
Men
(
by
Nature
,
being
civil
and
sociable
Creatures
)
grew
to
plant
common
Society
and
,
I
may
add
,
when
they
being
under
the
Government
of
a
Prince
,
received
Laws
by
his
Appointment
,
extracted
out
of
the
Laws
of
Nature
,
the
Necessity
of
Government
,
and
the
Conveniences
of
the
People
,
we
may
date
National
Laws
.
Now
though
the
Law
of
Nature
be
truly
said
to
be
immutable
,
yet
it
's
as
true
,
that
it
's
limitable
,
and
the
limited
Law
of
Nature
is
that
now
used
in
every
State
;
for
the
divers
Opinions
of
Interpreters
,
proceeding
from
the
weakness
of
Mans
Reason
,
and
the
several
conveniences
of
divers
States
,
have
made
those
different
Limitations
,
which
the
Law
of
Nature
hath
suffered
:
It
falls
out
,
that
in
several
Nations
they
are
so
disguised
by
the
various
Modifyings
and
Repairs
,
that
as
to
their
first
being
,
they
are
like
[
](A46988-e61360-b)(f)
(f)
Vbi
nihil
ex
pristina
materia
supersit
.
Jason's
Ship
,
that
had
nothing
of
the
old
Materials
remaining
.
Therefore
the
learned
Selden
adds
,
That
little
follows
in
point
of
Honour
or
Excellency
,
specially
to
be
attributed
to
the
Laws
of
a
Nation
in
general
,
by
any
Argument
drawn
from
the
difference
of
Antiquity
,
which
in
substance
is
alike
in
all
:
for
as
soon
as
Italy
was
peopled
,
this
beginning
of
Laws
was
there
;
and
so
when
there
was
first
a
State
in
that
Land
which
the
Common
Law
now
governs
,
there
were
natural
Laws
limited
for
the
Convenience
of
civil
Society
here
.
Notwithstanding
the
Opinion
of
the
[
](A46988-e61420-b)(g)
(g)
De
laudibus
LL●
Angliae
,
c.
17.
Chancellor
,
that
neither
the
Roman
Civil
Laws
,
nor
the
Laws
of
the
Venetians
,
which
above
all
other
,
he
saith
,
are
reported
to
be
of
most
Antiquity
,
nor
the
Laws
of
any
Paynim
Nation
of
the
World
,
are
of
so
old
and
antient
Years
as
the
Customs
or
Common-Law
of
England
,
and
that
they
have
weathered
out
the
changes
and
overthrow
of
People
by
the
Romans
,
Saxons
,
Danes
and
Normans
:
Yet
I
cannot
believe
but
every
of
those
Nations
,
when
they
obtained
the
Power
of
Government
,
introduced
their
own
Laws
,
and
abolished
what
they
found
not
agreeable
to
their
own
Politie
.
As
to
the
British
Laws
,
Whence
to
learn
the
Manners
or
Government
of
the
Britans
.
before
the
Romans
Arrival
,
we
can
find
very
little
of
them
,
but
what
is
related
of
the
Druids
.
Peter
Ramus
in
his
Book
de
moribus
Veterum
Gallorum
,
hath
Collected
out
of
the
antientest
Authors
,
a
parallel
betwixt
the
Customs
of
the
Gauls
,
the
Germans
,
and
Britans
,
there
being
found
in
Caesar
and
Strabo's
description
of
their
manner
of
Living
,
strength
of
Body
,
Temperance
,
Marriages
,
Habitations
,
and
many
other
Particulars
,
a
great
affinity
,
of
which
I
shall
touch
some
Particulars
hereafter
.
At
present
I
shall
speak
of
the
original
of
the
Gauls
,
and
of
the
Druids
Discipline
,
and
Government
of
the
Gauls
,
and
Britans
.
The
fabulous
Berosus
,
published
by
John
Annius
of
Viterbium
,
a
City
in
Tuscany
,
saith
,
that
Dis
or
Pluto
was
the
Founder
of
the
Celtick
Colonies
.
Celto
Gallatia
comprehended
what
was
within
the
River
Rhine
,
the
Alpes
,
the
Mediterranean
Sea
,
the
Pyrenean
Hills
,
Gascoign
and
the
Brittish
Ocean
,
and
Ptolomy
[
](A46988-e61820-b)(h)
(h)
2.
Geog.
&
2.
Qu●drip
.
&
Pausan
.
l.
1.
comprized
all
Europe
under
the
name
of
Celtica
.
This
Berosus
calls
this
Dis
Samothes
,
and
makes
him
Son
of
Japhet
.
Caesar
countenanceth
that
of
Dis
,
from
whence
he
saith
they
reckon
by
Nights
.
The
best
Authority
we
have
for
the
Samnothei
is
that
of
Laertius
,
[
](A46988-e61950-b)(i)
(i)
In
vitis
Philos.
who
saith
,
that
amongst
the
Celtae
and
Gauls
the
Semnothei
(
as
saith
Aristotle
in
his
Book
of
Magick
,
and
Sotion
in
his
Twenty
third
Book
of
Succession
)
were
.
But
there
is
no
mention
of
their
being
skilled
in
Laws
,
Divine
and
Humane
,
as
the
fabulous
Berosus
saith
.
Here
Stephen
in
his
notes
upon
Laertius
thinks
them
to
be
called
Semnothei
,
for
having
the
worshipful
Gods
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
in
their
Mouths
,
or
that
they
themselves
were
accounted
amongst
Men
as
a
kind
of
worshipful
Gods
.
[
](A46988-e62070-b)(k)
(k)
In
Achaicis
.
So
in
Pausanias
we
meet
with
the
Chappels
of
the
Goddesses
,
whom
the
Athenians
stiled
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
Worshipful
.
Ramus
[
](A46988-e62130-b)(l)
(l)
De
moribus
veterum
Gallorum
,
p.
71
,
72.
De
Gall.
Imp.
lib.
1.
out
of
Berosus
,
saith
,
Philosophy
proceeded
in
the
beginning
from
the
Semnothei
of
the
Gaules
,
and
that
Magus
succeded
him
,
then
Sarson
their
third
King
,
who
,
saith
Stephanus
Forcatulus
,
reduced
the
Laws
of
his
Grandfather
and
Father
into
one
Volume
,
and
with
severe
Threats
gave
order
for
the
keeping
of
them
:
and
Ramus
saith
,
he
was
the
first
that
appointed
the
Study
of
Learning
.
Their
fourth
King
he
makes
Druis
or
Druidus
,
from
whence
the
Druids
(
of
whom
I
shall
hereafter
discourse
)
and
their
fifth
Bardus
,
whose
Glory
is
celebrated
by
the
Bards
,
their
Poets
and
Orators
.
[
](A46988-e62280-b)(m)
(m)
Lib.
15.
De
Oirgine
Gallorum
.
Marcellinus
,
out
of
Timagenes
,
makes
the
Aborigines
of
Gaul
to
be
the
Celtae
,
and
some
part
of
them
to
be
Peopled
by
the
Dorienses
,
who
followed
the
elder
Hercules
,
and
possessed
the
Ocean
Shore
.
So
Marseilles
a
City
of
France
,
was
a
Greek
Colony
of
the
Phocians
.
The
Drasidae
were
another
part
of
the
Indigenae
or
home-bred
People
,
and
others
,
saith
he
,
Q.
Whether
he
mean
Britain
and
Ireland
.
have
flowed
hither
from
the
remote
Isles
,
and
from
the
tract
of
Land
beyond
the
Rhine
,
and
some
few
after
the
Destruction
of
Troy
,
flying
from
the
Grecians
,
being
every
where
dispersed
,
seated
themselves
in
the
empty
Countries
.
Where
we
may
note
by
the
by
,
that
then
the
Opinion
of
the
Trojans
setling
in
several
Countries
,
was
believed
.
But
Marcellinus
saith
,
Quod
etiam
nos
legimus
in
monumentis
incisum
.
the
Inhabitants
do
affirm
(
which
he
had
also
seen
cut
in
their
Monuments
)
that
Hercules
the
Son
of
Amphitrio
,
having
overcome
Geryon
the
cruel
Tyrant
of
Spain
,
and
Turiscus
of
the
Gauls
,
begot
upon
their
noble
Women
several
Sons
,
and
called
them
by
the
names
of
the
Countries
they
commanded
.
Also
that
some
came
from
Phocaea
in
Asia
,
flying
the
cruelty
of
Harpalus
the
President
of
Cyrus
.
I
am
larger
upon
this
Matter
,
because
the
Britains
had
the
Doctrine
and
Discipline
of
the
Druids
in
Perfection
,
as
hereafter
I
shall
shew
,
and
we
find
in
Caesar
a
great
part
of
Britany
,
once
under
the
Government
of
Divitiacus
,
King
of
the
Soissons
,
a
People
of
France
,
and
often
the
customs
of
the
Gauls
,
Britains
,
and
Germans
are
compared
,
or
their
Manners
are
near
a-kin
,
as
appears
by
Caesar
,
Tacitus
,
Strabo
,
and
others
.
Concerning
the
Laws
of
Samothes
,
we
find
nothing
in
ancient
Authors
;
for
that
of
Basingstoke
,
[
](A46988-e62760-b)(n)
(n)
Seldeni
Janus
Ang.
c.
3.
Count
Pal●●●n
is
but
a
very
modern
Authority
,
that
Samothes
defined
the
Spaces
or
Intervals
of
all
time
,
not
by
the
number
of
Days
,
but
of
Nights
,
and
he
observed
Birth-days
,
and
the
Commencements
of
Months
and
Years
in
that
order
,
that
the
Day
should
come
after
the
Night
.
Only
I
cannot
but
observe
that
both
Caesar
saith
the
same
thing
of
the
Gauls
,
and
Tacitus
,
of
the
Germans
,
and
the
Britains
do
yet
observe
it
:
So
we
call
the
seventh
Night
for
the
seventh
Day
in
our
usual
Speech
,
such
or
such
a
day
Senight
;
which
is
agreeable
to
Nature
and
Scripture
,
where
we
find
the
Evening
and
the
Morning
were
the
first
Day
:
and
so
Aristotle
reckons
Privation
as
the
first
of
the
three
Principles
.
I
pass
by
the
rest
of
the
Story
of
Phranicus
,
who
about
nine
hundred
years
after
Samothes
(
if
we
will
believe
Jeofrey
of
Monmouth
)
being
to
reside
in
Pannonia
,
intrusts
the
Druids
with
the
Government
of
Britain
,
and
how
Brutus
the
Grand-Child
of
Aeneas
,
got
the
Kingdom
;
and
about
six
Hundred
Years
after
,
Dunwallo
Molmatius
being
King
,
made
Laws
,
according
to
our
Jeofery
and
Ralph
Monk
of
Chester
,
that
their
Ploughs
,
Temples
,
and
Roads
,
that
led
to
Cities
,
should
have
Priviledge
to
be
places
of
Refuge
,
and
many
other
things
which
Gildas
mentions
,
and
Polydore
Virgil
hath
gathered
,
and
how
he
was
buried
in
Troynovant
,
near
the
Temple
of
Concord
,
which
[
](A46988-e63040-b)(o)
(o)
Britanniae
Speculum
.
Norden
will
have
to
be
the
Temple
of
London
.
All
these
wanting
the
Confirmation
of
sound
Authority
,
as
also
doth
the
whole
Series
of
Brittish
Kings
,
and
the
Title
of
the
Trojan
Laws
that
Brutus
brought
in
;
for
there
is
but
one
specially
mentioned
,
that
the
Eldest
Son
should
inherit
the
whole
Right
and
Estate
of
their
deceased
Father
.
This
indeed
might
be
taken
from
Herodotus
[
](A46988-e63110-b)(p)
(p)
In
Euterpe
.
that
writes
it
of
Hector
,
Son
and
Heir
of
Priamus
,
and
this
(
if
we
believe
the
Brittish
Story
)
was
sometimes
broken
,
as
when
the
three
Brothers
,
Locrinus
,
Camber
,
and
Albanactus
divided
the
Land
betwixt
them
,
as
also
the
Shares
that
Fenix
,
and
Porrix
,
Brennus
and
Belinus
had
.
It
is
no
wonder
that
we
have
no
better
account
of
those
Ages
,
since
we
find
in
[
](A46988-e63210-b)(q)
(q)
Neque
sas
esse
exis●●mant
ea
literis
mandare
,
cum
in
reliquis
sere
rebus
public
is
privatisque
rationibus
Graecis
literis
utantur
.
Caesar
,
That
the
Druids
committed
not
their
Learning
to
Writing
,
but
taught
a
certain
number
of
Verses
,
and
some
spent
twenty
Years
in
the
Discipline
:
and
[
](A46988-e63240-b)(r)
(r)
Quamv●●
literarum
secreta
ignoraverint
,
attamen
celebrabant
carminibus
Antiquos
suns
Deos
&
Reges
;
●●que
unum
apud
illos
memoriae
&
Annalium
genus
eral
.
Tacitus
notes
of
the
German
Priests
,
that
though
they
were
ignorant
of
the
secret
of
Letters
,
yet
in
ancient
Verses
,
they
celebrated
their
Gods
and
Kings
,
and
that
alone
was
with
them
their
Memorials
and
Annals
.
It
is
true
,
Caesar
[
](A46988-e63290-b)(s)
(s)
Lib.
1.
De
Bello
Galli●o
.
saith
,
that
though
the
Gauls
did
not
think
meet
to
commit
their
Doctrine
to
Writing
,
yet
generally
in
all
other
things
,
whether
publick
affairs
,
or
private
accompts
,
they
made
use
of
Greek
Letters
:
and
he
saith
,
That
there
were
Tablets
found
in
the
Camp
of
the
Switzers
,
made
up
of
Greek
Letters
.
Yet
it
doth
not
appear
that
the
Greek
Language
was
used
by
the
People
:
for
one
and
the
same
Character
of
Letters
may
serve
to
express
different
Languages
;
so
the
Targum
or
Chaldee
Paraphrase
,
and
the
new
Testament
in
Syriack
are
done
in
Hebrew
Letters
,
yet
the
Language
very
different
.
That
the
Greek
Language
was
not
known
among
them
,
appears
by
what
[
](A46988-e63410-b)(t)
(t)
De
Bello
Gallico
,
lib.
5.
Caesar
saith
,
That
being
to
write
to
Quintus
Cicero
,
who
was
then
besieged
in
Flanders
;
by
great
Rewards
prevailed
with
an
Horseman
of
Gaul
,
belonging
to
the
Nervians
,
to
carry
a
Letter
to
him
,
which
he
writ
in
Greek
,
lest
it
being
intercepted
,
the
Enemy
should
discover
the
design
.
Peter
Ramus
[
](A46988-e63510-b)(u)
(u)
De
moribus
veterum
Gallorum
,
p.
74.
is
so
desirous
to
promote
the
Glory
of
his
Country
,
that
he
offers
considerable
Authority
to
prove
,
that
the
Grecians
learnt
their
Letters
from
the
Gauls
,
affirming
that
the
Learning
of
Semnothei
,
Saronidae
,
Druids
and
Gauls
flourished
in
Gaul
many
Ages
before
Cadmus
came
into
Greece
;
and
the
great
[
](A46988-e63600-b)(w)
(w)
Janus
Angiorum
,
●●p.
9.
Selden
seems
to
allow
it
,
when
he
saith
,
That
Learned
Men
do
think
the
Greeks
took
the
Gallick
ones
for
their
Copy
,
after
the
Phoenician
Letters
,
which
were
not
altogether
unlike
the
Hebrew
,
were
grown
out
of
use
.
He
further
adds
,
That
the
rude
Gothic
Characters
,
which
[
](A46988-e63690-b)(x)
(x)
In
Appendice
ad
Jornandi
Goth.
Bonaventure
Vulcanius
of
Burges
published
,
do
very
much
resemble
the
Greek
ones
,
as
also
the
present
Russian
Characters
.
As
to
the
Latin
Letters
,
they
were
first
brought
over
into
Italy
from
Arcadia
,
with
Nicostrata
the
Mother
of
Evander
,
who
was
banished
his
Country
.
As
to
the
Druids
we
should
have
been
at
a
great
loss
,
both
concerning
their
Doctrines
,
and
of
the
Manners
and
Customs
of
the
Gauls
,
Britains
and
Germans
,
if
we
had
lost
the
Histories
of
Julius
Caesar
,
Pliny
,
Strabo
,
and
some
more
after
them
,
since
the
Memorials
and
Epinicia
of
the
Bards
,
are
so
totally
lost
,
that
we
have
nothing
remains
of
the
,
but
fuimus
Troes
,
and
that
of
[
](A46988-e63860-b)(y)
(y)
1.
Pharsal
.
Lucan
.
Laudibus
in
longum
,
Vates
,
demittitis
Aevum
,
Plurima
securi
fudistis
Carmina
Bardi
.
The
Welsh
Bards
glory
,
that
they
still
retain
the
Memorials
of
their
great
Men
,
and
especially
their
Kings
;
but
we
may
easily
conceive
,
that
the
great
Mixture
of
Poetical
fancy
(
as
even
in
Homer
and
Virgil
is
found
)
must
render
the
whole
very
Romantic
.
Caesar
saith
,
That
in
Gaul
there
are
only
two
sorts
of
Men
,
who
are
in
any
Honour
or
Account
,
viz.
The
Druids
and
the
Equites
,
of
whom
I
shall
treat
,
and
first
of
the
Druids
;
and
having
after
occasion
to
mention
several
particulars
,
upon
emergent
occasions
,
I
shall
in
a
summary
way
here
collect
what
dispersedly
is
recorded
by
him
,
not
only
concerning
the
Druids
Doctrine
,
Religious
and
Civil
,
but
of
the
Government
or
Polity
,
and
lastly
of
the
manner
of
Living
,
Customs
and
Usages
of
the
Gauls
,
Germans
and
Britains
:
towards
the
better
understanding
of
which
I
think
fit
to
note
these
things
.
First
,
as
to
their
Name
,
we
may
not
rely
upon
the
Authority
of
Berosus
from
their
King
Druis
:
As
to
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
an
Oak
,
which
was
sacred
to
them
,
I
shall
speak
hereafter
,
only
at
present
noting
that
Pliny
saith
,
They
performed
none
of
their
Devotions
without
Oaken
Leaves
.
Goropius
[
](A46988-e64130-b)(z)
(z)
In
Gall.
Becanus
would
have
it
from
the
Dutch
True-wise
,
or
from
Trutin
a
word
,
which
with
the
Ancient
Germans
signified
God
,
and
sometimes
Lord
;
as
[
](A46988-e64180-b)*
*
Cosmog.
par.
2.
l.
3.
Merula
notes
out
of
the
Gospel
of
Othfred
.
Now
as
to
their
learning
I
shall
say
something
;
Caesar
saith
,
They
were
Professors
of
all
learning
;
and
[
](A46988-e64240-b)(a)
(a)
De
moribus
vet.
Gallorum
,
p.
81.
ad
95.
Ramus
divides
it
into
their
sacred
learning
;
their
Philosophy
,
Astronomy
,
Cosmography
,
Music
,
&c.
who
may
be
consulted
by
the
curious
Readers
.
As
to
their
Religious
Doctrine
and
Concerns
,
what
follows
is
observable
.
First
,
They
taught
the
Immortality
of
the
Soul
,
as
[
](A46988-e64310-b)(b)
(b)
Hoc
volunt
persuadere
non
interire
animas
,
sed
ab
aliis
post
mortem
ad
alios
transire
.
De
Bello
Gallico
,
lib.
6.
Caesar
tells
us
,
by
which
they
excited
greatly
all
Persons
to
Vertue
,
and
to
neglect
the
fear
of
Death
.
Since
the
learned
Selden
will
not
undertake
to
judge
,
whether
the
Druids
had
their
Metempsychosis
or
Transmigration
of
Souls
from
Pythagoras
,
or
he
from
the
,
as
[
](A46988-e64380-b)(c)
(c)
Stoic
.
Physiologia
.
lib.
3.
dissert.
12.
Lipsius
also
queries
,
I
shall
not
enter
into
dispute
:
for
some
make
[
](A46988-e64420-b)(d)
(d)
Vide
Laert.
lib.
8.
Plut.
Orat.
2.
de
esu
Carnium
.
Reuchl
.
lib.
2.
de
Arte
Cabalistica
.
Pythagoras
only
in
Tarquin's
time
;
and
those
that
speak
of
his
greatest
Antiquity
,
place
him
with
Numa
;
whereas
most
make
the
Druids
of
the
Ancientest
standing
among
the
Philosophers
of
the
Gentiles
.
Secondly
,
[
](A46988-e64530-b)(e)
(e)
Multa
praterea
de
sideribus
atque
corum
motu
,
de
mundi
&
terrarum
magnitudine
,
de
rerum
natura
,
de
Deorum
Immortalium
vi
ac
potestate
disputant
,
&
in
virtute
tradunt
.
Lib.
7.
de
Bello
Gallico
.
Caesar
further
adds
,
That
the
Druids
dispute
many
things
of
the
Stars
,
and
of
their
Motion
,
and
of
the
greatness
of
the
World
and
the
Earth
,
of
the
Nature
of
things
,
of
the
Power
of
the
Immortal
Gods
,
and
several
things
of
Vertue
:
And
so
Mela
saith
,
Druides
motus
Coeli
&
Siderum
profitentur
,
They
discoursed
of
the
Motions
of
Heaven
and
Stars
.
Thirdly
,
They
excommunicated
those
that
stood
not
to
their
Sentence
,
that
is
,
they
[
](A46988-e64610-b)(f)
(f)
Sacrisiciis
interdicunt
;
h●●●
p●●●●
apud
〈◊〉
est
gravissima
.
Id.
lib.
6.
forbid
them
to
come
to
sacrifice
,
which
among
them
was
the
most
grievous
punishment
,
and
those
who
are
thus
excommunicated
,
are
accounted
wicked
and
ungodly
Wretches
;
every
Body
goes
out
of
their
way
,
and
shuns
their
Company
and
Conversation
,
for
fear
of
getting
harm
by
Contagion
;
neither
have
they
the
benefit
of
the
Law
when
they
desire
it
,
nor
is
any
respect
shown
to
them
.
Fourthly
,
[
](A46988-e64650-b)(g)
(g)
Druidibus
praeest
unus
qui
summam
inter
eos
habet
Authoritatem
.
Id.
Caesar
saith
further
,
That
they
have
one
over
them
,
who
hath
the
chiefest
Authority
amongst
them
;
and
when
he
dies
,
if
there
be
any
one
that
is
eminent
above
the
rest
,
he
succeeds
in
place
;
but
if
there
be
several
of
equal
merit
,
one
is
chosen
by
Majority
of
Votes
.
Fifthly
,
They
were
wont
to
be
excused
from
personal
Attendance
in
War
,
nor
did
they
pay
Taxes
with
the
rest
.
Such
Priviledges
we
find
the
[
](A46988-e64700-b)(h)
(h)
Num.
1.48
.
Ezra
7.24
.
●evites
among
the
Hebrews
enjoyed
.
Sixthly
,
As
to
Civil
matters
,
they
were
in
such
Honour
as
they
determined
almost
all
public
and
private
Controversies
;
and
,
as
[
](A46988-e64770-b)(i)
(i)
Magno
praeterea
apud
omnes
Gali●s
in
honore
sunt
,
nam
fere
de
omnibus
controversiis
publicis
priva●isque
constituunt
;
&
si
quod
est
admissum
facinus
,
si
caedes
factae
,
si
de
Haereditate
,
de
sinibus
controversia
,
iidem
decernunt
,
praemia
poenasque
constituunt
.
De
Bello
Gallico
1.7
.
Caesar
saith
,
if
any
great
Wickedness
be
done
,
any
Murther
be
committed
;
if
there
be
any
Controversie
about
Inheritance
or
Boundaries
;
they
do
judge
and
appoint
Rewards
and
Punishments
.
I
sometimes
think
Facinus
may
be
interpreted
any
great
or
noble
Enterprize
done
,
because
Caesar
saith
,
They
appoint
Rewards
,
whereas
to
none
of
the
other
particulars
Rewards
are
due
.
But
this
obiter
.
Seventhly
,
These
,
saith
the
same
Caesar
,
at
a
certain
time
of
the
Year
,
in
the
Confines
of
Carnutum
(
Chartres
according
to
Ortelius
)
which
is
esteemed
the
middle
of
France
,
sit
in
a
consecrated
place
,
and
thither
,
from
every
part
,
those
who
have
any
Controversies
,
meet
,
and
they
obey
their
Judgment
and
Decrees
.
From
whence
Ramus
thinks
,
That
the
Druids
were
dispersed
through
France
,
as
the
Priests
are
now
;
and
the
Principal
of
them
carried
the
Controversies
of
their
Citizens
to
this
general
Council
,
where
the
High
Priests
of
the
Druids
presided
;
[
](A46988-e64940-b)*
*
Pausanias
in
Phocicis
.
Druids
in
Britain
.
and
that
this
was
like
the
Convention
of
the
Amphictyons
(
f
)
of
Delphos
,
when
Greece
was
at
Freedom
;
and
he
thinks
this
Power
of
the
Druids
was
Kingly
,
not
only
over
every
private
Person
,
but
over
the
whole
People
.
I
have
enlarged
thus
far
of
the
French
Druids
;
which
some
may
say
,
appertains
not
to
the
Britans
;
but
if
we
will
believe
[
](A46988-e65020-b)(g)
(g)
Gallorum
disciplina
in
Britannia
reperta
,
atque
inde
in
Galliam
translata
esse
existimatur
.
Et
nunc
qui
diligentius
eam
rem
cognoscere
volunt
,
plerumque
illo
discendi
causa
proficiscuntur
.
Caesar
,
lib.
6.
Caesar
,
we
shall
find
that
the
Discipline
of
the
Druids
came
from
Britain
to
the
Gauls
:
for
speaking
of
them
he
saith
,
That
the
French
Discipline
,
i.
e.
the
Arts
,
&c.
taught
by
the
Druids
,
was
found
in
Britain
,
and
from
thence
is
believed
to
be
transmitted
into
Gallia
;
and
now
,
saith
he
,
those
that
will
more
diligently
know
it
,
for
the
most
part
go
thither
,
i.
e.
to
Britain
,
to
learn
it
.
I
know
Ramus
faintly
opposeth
this
,
because
Caesar
speaks
elsewhere
of
the
Gauls
making
a
part
of
Britain
;
and
that
of
the
Britans
,
the
Gauls
are
the
most
civil
:
all
which
may
be
true
,
and
yet
the
Doctrine
have
its
Original
here
;
and
Ramus
concludes
from
this
,
That
the
Discipline
or
Learning
of
the
Britans
and
Gauls
were
both
one
.
I
shall
refer
the
curious
to
what
Pliny
saith
of
the
Misleto
,
The
Druids
Ceremony
in
cutting
the
Misleto
from
the
Oak
.
with
how
great
Ceremony
it
was
cut
by
the
Druid
Magicians
,
as
he
calls
them
,
there
being
present
two
white
Bulls
;
the
Priest
climbing
the
Tree
in
a
white
Garment
,
and
cutting
the
Misleto
from
the
Oak
with
a
Golden
Pruning-knife
,
and
receiving
it
in
a
white
Cassock
,
and
then
the
Bulls
were
sacrificed
.
Britain
being
so
famous
for
the
best
Oaks
,
and
the
word
Druid
coming
from
the
Greek
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
an
Oak
,
we
may
safely
rely
upon
Caesar's
Testimony
for
the
bringing
the
Learning
of
the
Druids
from
Britain
to
France
.
That
which
I
infer
from
this
Discourse
is
,
that
there
were
Laws
in
Britain
,
and
that
the
Druids
were
the
Lawyers
and
Judges
;
but
how
the
Laws
were
made
,
or
what
they
were
among
the
Britains
,
is
not
in
my
reading
to
inform
the
curious
;
how
and
for
what
cause
the
Druids
were
extirpated
,
I
shall
speak
hereafter
.
The
other
Member
of
the
honourable
part
of
the
Gauls
,
Of
the
Equites
,
or
Nobility
.
were
the
Equites
,
under
which
are
to
be
comprehended
the
Princes
and
Soldiers
.
[
](A46988-e65490-b)(w)
(w)
Lib.
6.
Fa●●ionum
Principes
sunt
qui
summam
Authoritatem
eorum
judi●io
habere
existimantur
,
quorum
ad
Arbitrium
judiciumque
summa
omnium
rerum
conciliorumque
redeat
.
Caesar
tells
us
,
That
not
only
in
every
City
and
every
Territory
(
for
so
I
interpret
Pagus
)
but
also
almost
in
every
Family
there
were
Factions
;
and
they
are
the
Princes
of
the
Factions
,
who
in
their
Judgment
are
esteemed
to
have
chief
Authority
;
to
whose
Arbitriment
and
Judgment
,
the
Supremacy
of
all
Matters
and
Councils
are
remitted
.
This
,
he
saith
,
was
invented
,
that
the
common
People
might
not
want
some
to
defend
them
,
for
every
one
would
hinder
his
own
People
from
being
oppressed
or
circumvented
;
and
if
in
that
they
failed
them
,
they
lost
their
Authority
over
them
;
and
this
Caesar
saith
was
the
manner
throughout
all
Gallia
.
From
hence
(
x
)
concludes
the
Government
was
a
Timocratia
,
or
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
of
Aristotle
,
[
](A46988-e65600-b)(n)
(n)
De
moribus
vet.
Gall.
p.
116.
which
he
and
Plato
so
commend
,
and
which
was
used
in
Greece
and
Italy
while
free
,
where
there
was
a
mixture
of
Kingly
Government
in
Annual
Magistrates
,
or
of
longer
Duration
;
and
of
Aristocracy
in
the
Senate
,
and
Democracy
in
the
Authority
of
the
People
,
in
chusing
or
abdicating
their
Authority
;
all
which
he
concludes
from
the
last
Clause
,
That
if
the
Princes
of
the
Factions
did
not
protect
those
under
them
,
they
lost
their
Authority
.
I
rather
judge
these
Princes
of
Factions
,
The
Princes
Heads
of
Clans
,
or
of
the
Pagi
.
to
be
the
Heads
of
such
as
we
call
Clans
,
in
the
Highlands
and
Ireland
;
for
I
see
no
shadow
of
that
Polity
,
Ramus
speaks
of
in
this
Description
,
and
I
believe
the
Government
both
of
Gaul
,
Germany
and
Britain
,
was
rather
in
several
Circles
and
Destricts
,
than
that
any
one
Monarch
was
over
all
;
only
in
time
of
War
one
or
more
were
chosen
,
by
common
consent
,
to
be
their
Captain
General
;
or
where
the
Romans
could
prevail
,
they
established
a
Commonwealth
Government
.
As
to
the
first
and
second
we
have
the
Authority
of
[
](A46988-e65790-b)(k)
(k)
In
pace
nullus
communis
Magistratus
,
sed
Principes
Regionum
atque
Pagorum
inter
suos
Jus
dicunt
,
controversiasque
minuunt
.
Caesar
speaking
of
the
Germans
(
with
whom
the
Gauls
are
all
along
compared
by
Ramus
)
h●
saith
,
In
time
of
Peace
,
the
Princes
of
the
Country
and
of
the
Pagi
give
Law
among
their
own
People
,
and
take
order
to
end
their
Controversies
,
and
then
there
is
no
common
Magistrate
;
but
when
there
is
a
War
either
made
by
,
or
upon
the
City
,
Magistrates
are
chosen
,
who
have
the
command
of
the
War
,
and
have
Power
of
Life
and
Death
.
Such
a
like
choice
we
find
,
by
a
Common
Council
of
several
Kings
and
Princes
in
[
](A46988-e65850-b)(l)
(l)
Comment.
lib.
5.
Britain
,
was
made
of
Cassivillan
,
to
manage
the
War
against
Julius
Caesar
.
That
the
Gauls
,
by
a
Common
Council
at
Bibracte
,
chose
Vercingetorix
singly
for
their
General
against
Caesar
,
is
well
known
;
and
when
he
was
besieged
in
Alexia
,
by
another
Council
of
the
Princes
,
the
Heduans
and
Avernois
,
with
their
Client
Towns
or
Cities
,
which
were
many
,
were
to
raise
35000.
Men
,
and
so
others
proportionable
,
and
their
Forces
were
committed
to
four
Generals
:
Now
it
is
said
by
Caesar
,
that
when
Vercingetorix
had
the
sole
command
,
that
he
placed
his
Camp
on
an
Hill
,
and
at
certain
distances
he
disposed
the
forces
of
every
City
several
,
and
every
day
called
to
him
the
Princes
of
those
Cities
,
either
to
communicate
something
to
them
,
or
order
them
to
do
something
.
The
like
manner
of
Clans
and
Families
(
of
which
he
who
was
most
able
for
Military
Service
,
at
that
time
commanded
)
we
have
a
plain
proof
in
[
](A46988-e66020-b)(a)
(a)
Quodque
praecipuum
fortitudinis
incitamentum
est
,
non
casus
,
non
fortuita
conglobatio
turmam
aut
cuneum
facit
,
sed
familiae
&
propinquitates
.
1.
Annal.
Tacitus
,
who
saith
of
the
Germans
,
That
the
principal
incitement
of
valour
was
,
that
not
chance
or
fortuitous
meeting
and
embodying
made
a
Wedge
or
Troop
,
but
Families
and
Kindred
:
So
he
saith
,
That
Ariovistus
at
equal
Intervals
,
placed
the
Marcomanni
,
Triboci
,
Vangiones
,
Nemetes
,
Sedusii
and
Suevae
.
That
both
the
Gauls
,
Germans
and
Britains
had
several
Kings
,
Several
Petit
Kings
in
Gaul
.
Roylets
or
absolute
Princes
,
who
had
some
one
or
more
City
or
Country
under
his
peculiar
command
,
is
very
clear
in
Julius
Caesar
:
so
Galba
the
King
of
the
Suessiones
,
was
chosen
Commander
in
Chief
against
Caesar
by
the
Belgians
.
The
opinion
I
have
also
,
that
such
Princes
were
the
Heads
of
Clans
appears
in
that
of
Orgetorix
;
who
when
the
City
of
the
Helvetians
(
which
had
under
it
fourteen
Towns
,
oppida
,
and
forty
Hamlets
,
Vicos
,
and
four
Pagi
,
Burroughs
or
Places
of
Judicature
,
where
were
Senates
)
all
met
in
Consultation
about
burning
their
Country
,
and
possessing
the
Empire
of
Gaul
:
This
Orgetorix
being
elected
;
but
they
having
notice
of
his
Conspiracy
against
them
,
seize
on
him
,
and
condemn
him
to
be
burnt
:
but
upon
the
Day
,
Orgetorix
summoned
all
his
Family
,
or
Kindred
,
or
those
of
his
House
or
Clan
,
as
by
Familia
must
be
understood
.
which
consisted
of
a
Thousand
Men
,
and
all
his
Clients
and
Bonds-men
or
Debtors
,
obaeratos
,
whereof
he
had
a
great
number
,
and
they
rescued
him
.
Such
as
this
Orgetorix
was
,
I
doubt
not
Cavarinus
was
,
who
and
his
Ancestors
,
Caesar
saith
,
were
Kings
of
Agendicum
and
Villannodunum
:
So
Targetius
of
the
Carnuti
,
Vertiscus
Prince
of
Rhemes
,
Divitiacus
King
of
the
Suessiones
,
Comius
King
of
the
Atrebates
or
Artoys
,
and
the
two
Kings
of
the
Eburones
,
Ambiorix
and
Cativulcus
,
Cingetorix
of
the
Triveri
:
I
shall
add
but
one
Testimony
for
all
,
of
[
](A46988-e66460-b)(b)
(b)
Regna
vulgo
in
Gallia
a
petentioribus
atque
iis
qui
ad
conducendos
homines
facultates
ha●erent
,
vulgo
comparabantur
.
Several
Petit
Kings
in
Britain
.
Caesar's
,
That
Kingdoms
were
acquired
in
Gallia
by
those
who
were
the
most
Powerful
,
and
those
that
have
most
Wealth
to
hire
Men.
As
to
the
affairs
of
Britain
,
recorded
by
Julius
Caesar
,
[
](A46988-e66530-b)(c)
(c)
Britanni
olim
Regibus
parebant
,
nunc
per
Principes
factioni●us
&
studiis
trabuntur
.
Tacit.
vita
Agric.
c.
12.
Therefore
he
tells
us
,
Their
want
of
agreeing
in
Common
Councils
,
occasioned
their
certain
Overthrow
.
Pro
nobis
nihil
utilius
quam
quod
in●commune
non
consulunt
:
rarus
ad
propulsandum
commune
periculum
conventus
:
it
a
dum
singuli
pugnant
,
omnes
vincuntur
.
Id.
we
find
Cassibilan
,
chosen
to
manage
the
War
.
In
Kent
,
no
great
County
,
we
find
Kings
,
viz.
Cingetorix
,
Carvilius
,
Taximagulus
and
Sergonax
,
and
it
cannot
be
doubted
but
there
were
many
other
petty
Kings
in
the
rest
of
the
Country
;
for
we
find
that
Mandubraces
,
Son
of
Imanventius
King
of
the
Trinobantes
,
i.e.
Middlesex
and
Essex
,
slain
by
Cassibilan
,
was
restored
by
Julius
Caesar
;
and
after
we
find
in
Octavius
Caesar's
time
,
Cunobelin
King
of
the
same
,
whose
Son
Adminius
fled
to
Caius
Caligula
,
where
he
came
to
Belgia
for
Protection
;
so
we
read
of
Caractacus
who
maintained
War
for
nine
Years
with
the
Romans
,
and
whose
magnanimous
Speech
to
Claudius
is
Extant
in
Tacitus
;
so
of
Cartismandua
,
a
Queen
of
Brigantes
that
betrayed
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
actacus
.
I
might
give
an
account
of
Prasulagus
,
King
of
the
Icenians
;
the
famous
Boodicia
his
Queen
,
and
of
the
famous
Caledonian
Galgacus
:
but
it
is
enough
to
my
purpose
,
that
among
the
Britans
we
find
Kings
so
stiled
by
Julius
Caesar
,
and
other
Writers
,
especially
by
Tacitus
,
and
Dion
,
[
](A46988-e66870-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Hist.
Rom.
lib.
60.
speaking
of
Aulus
Plantius
(
sent
General
by
order
of
Claudius
Caesar
with
an
Army
into
Britain
)
saith
,
That
the
Inhabitants
at
that
time
were
subject
to
divers
Kings
of
their
own
.
I
shall
now
summ
up
the
rest
of
the
Laws
,
Customs
,
or
Usages
we
find
amongst
the
Gauls
or
Britans
;
and
first
what
concerns
the
publick
,
out
of
Caesar
.
The
Magistrates
[
](A46988-e66980-b)(e)
(e)
Magistrdtus
quae
visa
sunt
,
occultant
,
quaeque
esse
ex
usu
judicaverint
,
multitudini
produm
.
conceal
those
things
they
think
fit
,
and
what
they
judge
may
be
of
use
to
the
Publick
,
they
discover
to
the
Populace
.
[
](A46988-e67000-b)(f)
(f)
De
Repub.
nisi
per
〈◊〉
loqui
〈…〉
ur
.
De
〈…〉
,
l.
6.
No
Body
hath
leave
to
speak
of
the
Commonwealths
,
or
of
publick
affairs
,
but
in
Council
.
They
[
](A46988-e67030-b)(g)
(g)
〈…〉
,
ita
mos
gentis
〈◊〉
,
in
Concilium
venerunt
.
came
Armed
into
the
Council
,
as
Livy
saith
;
and
Tacitus
speaks
the
like
of
the
Germans
.
[
](A46988-e67080-b)(h)
(h)
〈◊〉
.
lib.
21.
Sancitum
,
si
quis
quid
de
Rep.
a
sinitimis
rumore
aut
sama
acceperit
uti
ad
Magistratum
deferat
,
neve
cum
quo
alio
commanicet
.
It
was
established
,
that
if
any
received
any
Rumours
from
the
Neighbourhood
,
or
any
report
concerning
the
Republick
,
that
he
relate
it
to
the
Magistrate
,
and
none
else
.
They
had
something
which
our
Hue
[
](A46988-e67110-b)(i)
(i)
Vbi
major
atque
illustrior
res
incidit
,
clamore
per
Agros
&
Regiones
signisicant
,
banc
alii
deinceps
excipiunt
,
&
proximis
tradunt
.
De
Bello
Gallico
,
lib.
7.
and
Cry
resembles
:
when
any
great
or
famous
thing
happens
,
they
give
notice
of
it
by
loud
Cry
through
the
Fields
and
Countries
,
and
this
others
receive
and
transmit
it
to
the
next
,
so
that
in
a
Day
,
as
he
observes
,
Intelligence
is
given
above
an
hundred
Miles
.
One
thing
more
is
remembred
by
Plutarch
de
virtutibus
Mulierum
,
that
it
was
grown
a
Custom
amongst
them
,
that
they
treated
of
War
and
Peace
with
their
Women
in
Company
;
and
if
any
question
arose
betwixt
them
and
their
Allies
,
they
left
it
to
them
to
determine
.
On
this
Head
the
famous
Selden
spends
a
whole
Chapter
to
reckon
up
the
famous
Princesses
and
Women
;
and
[
](A46988-e67160-b)(k)
(k)
Sexum
in
Imperiis
non
discernunt
.
Tacit.
vita
Agric.
Tacitus
saith
of
the
Germans
,
In
Rule
they
made
no
difference
in
Sex
:
which
shews
it
was
Hereditary
.
In
now
come
to
the
more
private
Usages
in
their
Families
and
Servants
.
[
](A46988-e67220-b)(l)
(l)
Suos
liberos
,
nisi
cum
adolever
in
t
,
ut
munus
militiae
sustinere
possint
,
palam
ad
se
adire
non
patiuntur
.
De
Bello
Gallico
.
l.
6.
Caesar
saith
,
They
do
not
permit
their
Children
to
come
to
them
in
open
Sight
,
but
when
they
are
grown
up
to
that
Age
,
that
they
may
be
able
to
undergo
Military
Duty
,
and
serve
in
War
:
And
of
the
Britans
he
[
](A46988-e67260-b)(m)
(m)
Vxores
habent
deni
duodenique
inter
se
communes
,
&
maxime
fratres
cum
fratribus
,
&
parentes
cum
liberis
:
sed
si
qui
sunt
ex
his
nati
,
eorum
habentur
liberi
,
a
quthus
primum
virgines
quaeque
ductae
sunt
.
Idem
.
saith
particularly
,
They
have
ten
or
twelve
Wives
in
common
amongst
them
,
and
especially
Brothers
,
and
Fathers
with
their
Children
;
but
what
Children
were
born
of
such
Mothers
,
were
fathered
on
them
by
whom
they
were
first
lain
with
when
they
were
Maids
.
This
strange
Confusion
had
some
thing
of
the
Primaeval
Practice
of
Polygamy
,
and
some
think
helped
to
the
multiplying
of
People
;
where
it
must
be
rare
for
any
Woman
to
be
unfruitful
,
that
had
so
many
Gallants
.
The
Men
(
of
Gaul
[
](A46988-e67320-b)(n)
(n)
Viri
quantas
pecunias
ab
uxoribus
dotis
nomine
acceperunt
,
tantas
ex
suis
bonis
,
aestimatione
facta
,
cum
dotibus
communicant
,
&c.
Idem
.
Caesar
now
speaks
)
what
Mony
they
receive
with
their
Wives
upon
account
of
Portion
,
they
lay
downv
;
much
out
of
their
own
Estate
,
upon
an
Appraisement
made
,
to
make
a
Joint-stock
with
the
Portion
.
There
is
an
account
jointly
kept
of
the
Product
and
the
Profits
reserved
,
and
the
longer
Liver
enjoys
all
.
The
Men
have
Power
[
](A46988-e67360-b)(o)
(o)
Viri
in
uxores
,
sicuti
in
liberos
vitae
necisque
habent
potestatem
.
Idem
.
of
Life
and
Death
over
their
Wives
as
well
as
over
their
Children
,
saith
the
same
Caesar
.
Whereupon
Bodin
[
](A46988-e67400-b)(p)
(p)
Bodin
.
de
Repub.
lib.
1.
c.
2.
chargeth
Justinian
with
a
falshood
,
for
affirming
that
other
People
had
not
the
same
Fatherly
Power
as
the
Romans
had
.
When
a
Master
of
a
Family
,
who
is
of
higher
Birth
and
Quality
,
dies
,
his
Kindred
meet
together
,
That
if
the
manner
of
his
Death
were
suspicious
,
they
may
by
Torture
,
as
Servants
were
used
,
examine
they
Wife
concerning
the
Business
,
and
if
she
be
found
Guilty
,
they
[
](A46988-e67460-b)(q)
(q)
Caesar
de
Bello
Gallico
,
lib.
6.
Igni
atque
omnibus
tormentis
excruciatas
intersiciunt
.
torment
her
miserably
,
and
burn
her
alive
.
To
this
Sir
[
](A46988-e67480-b)(r)
(r)
Preface
to
the
Sixth
Book
of
Reports
.
Edward
Coke
referrs
the
Antiquity
of
that
Law
,
which
we
at
this
day
use
of
devoting
to
the
Flames
those
wicked
Baggages
who
stain
their
Hands
with
the
nefarious
Murther
of
their
Husbands
.
Those
Servants
[
](A46988-e67510-b)(s)
(s)
Servi
&
Clientes
,
quos
ab
iis
dile●●os
esse
constabat
,
just
is
funeribus
confectis
,
una
●remabantur
.
De
Bello
Gallico
,
lib.
6.
and
Dependants
,
who
were
known
to
have
been
beloved
by
their
Masters
in
his
Life-time
,
were
when
the
Funeral
Rites
were
prepared
,
burnt
with
him
for
Company
.
This
was
used
by
many
Nations
.
Many
when
they
are
[
](A46988-e67540-b)(t)
(t)
Plerique
cum
aut
aere
alieno
aut
magnitudine
Tributorum
aut
inju●ia
potentiorum
premuntur
,
sese
in
servi●utem
dicant
Nobilibus
.
In
hos
eadem
sunt
Jura
quae
dominis
in
servos
.
Idem
.
opprest
with
Debt
or
great
Taxes
,
or
with
the
injurious
Oppression
of
great
Men
,
put
themselves
out
to
Service
to
the
Nobles
:
over
such
they
have
the
same
Right
or
Authority
,
as
Masters
have
over
their
Servants
or
Slaves
.
Thus
I
have
extracted
the
principal
Laws
,
Usages
,
Customs
and
Powers
of
Government
,
Civil
and
Religions
,
used
by
the
Gauls
and
Britans
,
as
they
are
recorded
by
Julius
Caesar
and
others
:
in
which
we
find
the
Druids
were
their
Gownmen
,
and
were
the
Guardians
,
and
Interpreters
of
their
Laws
;
the
same
Caesar
telling
us
positively
,
That
the
Discipline
of
these
Druids
was
first
found
in
Britain
.
I
come
now
to
the
last
Particular
,
That
the
Romans
setled
Common-wealths
where
they
conquered
.
that
where
the
Romans
conquered
,
they
established
a
form
of
Commonwealth
in
such
places
as
they
thought
most
convenient
for
their
Obedience
to
them
,
and
in
other
places
they
allowed
Tributary
Kings
;
which
will
appear
by
what
follows
.
[
](A46988-e67690-b)(d)
(d)
Livius
,
lib.
61.
The
Averni
of
the
Gauls
were
a
great
People
.
Bituitus
was
their
King
,
and
fought
two
bloody
Battles
with
the
Romans
,
the
one
against
Domitius
,
and
the
other
against
Fabius
;
he
being
taken
Prisoner
,
and
his
Son
Congentiatus
,
were
deprived
of
the
Kingdom
by
the
Senate
,
and
the
City
set
free
:
Afterwards
Ciltilus
Father
of
[
](A46988-e67790-b)(e)
(e)
Caes
.
Comment.
l.
7.
Vercingetorix
,
although
he
had
by
Battle
got
the
principality
of
all
Gaul
;
yet
aspiring
to
be
King
,
was
slain
by
the
City
,
who
had
obtained
this
freedom
from
the
Roman
Senate
:
So
that
it
was
a
free
City
till
Caesar's
time
,
and
is
reckoned
so
in
Pliny's
time
;
yet
though
there
were
some
made
so
free
by
the
Romans
,
and
others
following
the
Example
of
the
Romans
,
had
cast
off
their
Princes
and
Kings
;
yet
I
cannot
with
Ramus
,
conclude
so
universally
of
the
Gauls
,
That
every
where
the
Government
consisted
of
an
elected
or
annual
Prince
and
Senate
,
and
People
that
had
free
suffrages
.
Having
thus
far
given
some
short
hints
of
the
Government
of
the
Britans
,
by
comparing
them
with
the
manner
of
the
Government
of
the
Gauls
and
Germans
,
as
supposing
it
might
be
made
out
from
good
Authority
,
that
there
was
a
great
Agreement
in
their
Forms
of
Government
:
I
come
now
more
directly
to
prove
,
that
where
the
Romans
conquered
,
they
established
their
own
Laws
;
and
that
the
unwritten
Laws
and
Customs
must
be
of
little
force
,
during
the
Peoples
Subjection
to
the
Romans
;
and
so
by
some
Hundred
of
years
disuse
,
were
like
to
be
so
far
forgotten
,
as
it
cannot
be
said
(
as
Chancellor
Fortescue
doth
)
that
during
the
Britans
,
Romans
,
Saxons
,
Danes
and
Normans
,
the
Realm
hath
been
ruled
with
the
self
same
Customs
.
First
therefore
we
may
consider
,
That
the
Druids
(
who
if
they
had
not
the
Law-making
Power
,
yet
were
the
sole
Judges
,
and
decided
all
Controversies
)
being
so
wholly
abolished
;
and
we
finding
no
account
of
the
Laws
they
judged
by
,
we
may
well
conclude
,
That
the
Brittish
Laws
(
whatever
they
were
)
lost
their
Esteem
and
Use
.
Where
the
Romans
conquered
they
●stablished
their
Laws
.
Especially
when
we
consider
that
the
Roman
Conquest
broke
and
destroyed
all
the
Princely
Families
,
especially
the
lineage
of
their
Kings
.
So
that
now
none
had
any
setled
Authority
,
but
as
he
could
court
the
People
,
if
he
intended
to
make
a
party
against
his
Neighbour
,
or
oppose
the
Romans
:
which
might
be
the
true
reason
why
Xiphilin
[
](A46988-e68060-b)(f)
(f)
Apud
Britann●s
populus
magna
ex
parte
Principatum
tener
.
Vita
Severi
.
saith
,
That
with
the
Britans
the
People
had
a
great
share
in
the
Government
,
which
might
very
well
be
after
the
Subversion
of
their
Monarchies
,
and
the
Commixture
of
the
Roman
Colonies
with
them
.
[
](A46988-e68110-b)(g)
(g)
De
moribus
vet.
Gallorum
,
p.
77.
The
Romans
introduced
their
Language
where
they
conquered
.
Ramus
complains
,
That
the
Roman
Conquest
made
the
Gauls
lose
their
own
Native
Language
,
while
,
not
only
the
Roman
Laws
,
but
their
Legions
setling
there
,
compelled
the
Gauls
to
speak
their
Language
;
besides
,
he
saith
,
There
were
public
Stipends
allowed
by
the
Roman
Emperors
,
to
have
the
Language
taught
.
Therefore
we
in
Britain
may
well
presume
the
same
befel
us
.
But
the
banishing
and
utter
exterminating
the
Druids
,
is
to
me
a
strong
Argument
,
that
the
British
Laws
were
also
expunged
;
which
I
shall
now
give
a
short
Account
of
.
[
](A46988-e68240-b)(h)
(h)
Idem
,
p.
95
,
96
,
97.
Why
the
Druids
were
abolished
,
with
their
wicked
Rites
.
Diodorus
tells
us
,
of
the
Druids
sacrificing
Captives
to
the
Gods
;
and
Caesar
tells
us
,
They
used
Human
Sacrifices
,
without
which
they
thought
the
immortal
Gods
could
not
be
appeased
.
Diodorus
saith
,
The
Saronidae
when
they
consulted
about
great
matters
,
they
killed
a
Man
with
the
Sword
;
and
from
the
manner
of
his
falling
,
the
flowing
of
his
Blood
,
and
other
things
,
they
prognosticated
future
Events
;
and
[
](A46988-e68320-b)(i)
(i)
Lib.
5.
Comment.
Caesar
tells
us
,
That
he
who
comes
last
to
the
Council
armed
,
in
the
view
of
the
Multitude
,
was
put
to
death
by
Torments
.
Strabo
saith
,
That
in
their
Temples
,
they
sometimes
shot
a
Man
to
death
with
Arrows
,
as
he
hung
upon
a
Cross
;
and
out
of
Artemidorus
,
That
in
Britain
Sacrifices
were
made
to
Ceres
and
Proserpina
,
after
the
manner
of
the
Samothracians
.
Caesar
and
Strabo
both
speak
of
their
making
great
Figures
,
or
Colossuses
of
Twigs
and
Wands
,
or
Wood
covered
over
with
Hay
,
which
they
filled
with
living
Men
and
Beasts
of
several
sorts
,
and
so
burnt
them
together
.
Although
Ramus
,
in
extenuation
of
these
,
brings
some
parallel
Sacrifices
done
by
the
Romans
,
and
ascribes
them
rather
to
the
influence
the
Gentile
Devils
had
over
People
,
in
making
those
atrocia
&
horrenda
Sacrificia
,
than
that
it
was
peculiar
to
the
Druids
;
yet
I
think
there
is
no
Apology
to
be
made
for
them
:
That
of
Lucan
being
true
of
them
,
Et
vos
Barbaricos
ritus
,
moremque
sinistrum
Sacrorum
,
Druidae
,
positis
repetistis
ab
armis
,
Solis
nosse
Deos
,
&
Coeli
numina
vobis
,
Aut
solis
nescire
datum
—
[
](A46988-e68560-b)(k)
(k)
Tiberii
Caesaris
Principatus
sustulit
Druidas
Gallorum
.
Hist.
Nat.
l.
30.
c.
1.
Pliny
tells
us
,
That
in
the
Princedom
of
Tiberius
,
the
Druids
of
Gaul
were
taken
away
,
which
Lipsius
well
notes
,
That
it
referred
only
to
Rome
,
in
such
sence
as
Suetonius
speaks
of
forbidding
it
in
the
Cities
:
But
in
Claudins's
time
,
the
Religion
of
the
Druids
was
wholly
abolished
among
the
Gauls
,
by
reason
of
its
cursed
cruelty
;
which
in
Augustus's
time
,
was
only
forbid
to
be
practised
in
Cities
:
Druidarum
[
](A46988-e68700-b)(l)
(l)
Sueton.
Claud.
c.
25.
Religionem
apud
Gallos
,
dirae
immanitatis
,
&
tantum
Civibus
sub
Augusto
interdictam
,
penitus
abolevit
.
It
may
well
be
imagined
,
that
the
taking
of
it
away
in
Gaul
,
extended
also
to
Britain
,
as
far
as
the
Romans
were
Masters
of
it
;
which
was
both
the
Mother
and
Nursery
of
it
.
This
exterminating
the
Religion
made
[
](A46988-e68780-b)(m)
(m)
Non
jam
illustres
istas
Druidum
scholas
,
sed
clandestinas
in
specu
&
abditis
saltibus
efficit
.
Mela
(
who
lived
under
Claudius
)
say
,
That
it
made
the
Schools
of
the
Druids
,
not
to
be
public
,
but
secretly
kept
in
Caves
and
obscure
Groves
;
it
being
now
spoiled
of
its
Honour
,
and
as
Lucan
agrees
with
Pomponius
,
—
Nemora
alta
,
remotis
Incolitis
Lucos
—
No
doubt
this
prohibiting
of
these
Holy
Rites
of
the
Druids
,
made
the
Nations
governed
by
them
in
point
of
Law
(
as
the
Gauls
and
Britans
were
)
not
so
respectful
of
them
as
before
they
were
,
and
so
they
became
more
prone
to
receive
the
Laws
of
Rome
,
which
had
prohibited
the
Reverence
before
given
to
them
,
and
having
conquered
them
,
would
enjoyn
them
the
observance
of
their
Laws
.
That
the
Romans
imposed
their
Laws
in
such
parts
of
Britain
as
they
had
conquered
,
is
manifest
by
sundry
good
Inferences
from
antient
and
approved
Authors
;
The
Romans
imposed
their
Laws
where
they
conquered
.
which
[
](A46988-e68960-b)(n)
(n)
De
magnitudine
Romana
,
lib.
1.
c.
6.
p.
28.
Vid.
A.
Gellium
lib.
16.
c.
13.
Lipsius
hath
gathered
,
who
positively
affirm
,
That
whereever
the
Romans
conquered
,
were
it
Town
or
Nation
,
they
used
to
carry
some
part
of
the
People
to
Rome
,
and
leave
other
parts
behind
;
but
so
as
they
mixed
the
Romans
with
them
,
to
have
the
Custody
and
Government
of
them
;
and
those
so
sent
they
called
Coloni
,
and
the
places
[
](A46988-e69070-b)(o)
(o)
Hic
denique
populus
Colonias
in
omnes
Provincias
misit
;
ubicunque
vicit
,
Romanus
habitat
.
Seneca
ad
Albinum
,
c.
7.
Colonies
.
The
Triumviri
divided
to
them
their
shares
of
Land
,
and
ordered
the
Laws
and
Government
of
the
Town
,
which
was
head
of
the
Colony
,
and
the
Jurisdiction
of
it
;
so
[
](A46988-e69110-b)(p)
(p)
Sic
tamen
ut
omnia
Romam
&
urbem
matrem
referrent
.
Id.
Lipsius
.
that
all
might
resemble
the
Mother
City
Rome
,
even
in
Market
places
,
and
all
places
of
public
Congress
,
Capitol
,
Temples
,
Courts
,
&c.
the
Duumviri
being
in
most
places
instead
of
Consuls
,
and
the
Aediles
and
Decurions
for
the
Senate
.
[
](A46988-e69190-b)(q)
(q)
Colonia
Camalodunum
ducitur
valida
veteranorum
manu
in
agros
Captivos
,
ut
esset
subsidium
versus
Rebelles
,
&
imbuendis
sociis
ad
officia
Legum
.
Lib.
12.
Annal.
Dio
Hist.
lib.
60.
Tacitus
tells
us
,
That
at
Camalodunum
(
now
Maldon
in
Essex
)
there
was
a
Colony
sent
to
be
a
Defence
against
Rebels
,
and
to
cultivate
the
conquered
(
admitted
now
into
Confederacy
with
Rome
)
in
the
Offices
of
the
Laws
,
So
that
here
we
find
the
Socii
to
be
instructed
in
the
Roman
Laws
,
which
evidently
demonstrates
,
That
the
British
Laws
were
not
allowed
to
be
used
:
That
Courts
of
Judicature
were
also
here
,
Tacitus
confirms
,
when
he
tells
us
,
that
under
[
](A46988-e69300-b)(r)
(r)
14.
Annal.
Externos
fremitus
in
Curia
eorum
auditos
.
Suetonius
Paulinus
,
strange
noises
were
heard
in
the
Courts
of
Judicature
there
;
Gruteri
Inser
.
Lips
.
ad
lib.
12.
Tacit.
num
.
75.
So
we
read
of
a
Temple
built
to
Claudius
,
which
was
Art
(
or
,
as
Lipsius
,
Arra
)
aeternae
dominationis
,
an
Altar
or
Earnest
eternal
Command
.
The
Officers
sent
abroad
by
the
Remans
into
the
Provinces
and
Colonies
.
so
an
old
Inscription
remembers
one
Aurelius
Bassus
Censitor
civium
Romanorum
Coloniae
Victricensis
,
quae
est
in
Britannia
Camalodunum
.
This
Censitor
or
Censor
(
for
they
are
promiscuously
used
by
Vlpian
)
was
one
,
who
did
not
only
tax
all
to
the
public
Contributions
,
but
was
a
Judge
in
the
Courts
,
corrected
all
misdemeanors
of
manners
,
had
Power
over
Senators
,
and
in
many
other
things
acted
Juridically
.
We
find
two
alterations
made
in
the
Officers
,
sent
abroad
into
the
Provinces
and
Colonies
of
the
Romans
,
the
one
in
Augustus
his
time
,
and
the
other
by
Constantine
the
Great
.
Before
Augustus
his
Reign
,
the
greater
Provinces
were
ruled
by
Proconsuls
,
the
lesser
by
Praetors
and
Questors
,
the
Provincial
Praetors
were
Judges
,
gave
Sentence
according
to
Law
,
and
we
may
be
sure
that
was
the
Roman
Law
.
In
Augustus
time
those
principal
Magistrates
,
sent
into
the
Provinces
,
bordering
on
the
Enemy
,
or
Frontiers
of
the
Empire
,
were
called
Legati
,
the
Magistrates
or
Officers
in
Italy
were
Praetorian
and
Consular
,
those
abroad
,
Propraetorian
and
Proconsular
.
Whoever
desires
to
see
more
of
this
or
what
was
appointed
under
Constantine
,
may
have
recourse
to
Pancirollus
de
Magistratibus
Municipalibus
,
Alciatus
de
Magistratibus
,
and
the
Notitia
Provinciarum
;
where
all
the
Officers
are
deseribed
,
with
the
several
Provinces
,
and
the
Cities
contained
in
them
,
and
the
Ensigns
or
Symbols
of
the
Officers
.
Then
Britain
was
divided
into
five
parts
;
viz.
Britannia
prima
,
and
secunda
,
Flavia
Caesariensis
,
Maxima
Caesariensis
,
&
Valentia
,
being
all
under
the
Vicar
,
or
Deputy
of
Britain
,
under
the
Viceroy
or
Praetorian
Prefect
of
Gaul
;
we
find
in
the
Roman
Coins
,
exhibited
by
Camden
,
a
Colony
at
York
,
Divana
,
or
Chester
,
and
others
.
So
that
it
cannot
be
thought
that
Britain
was
not
as
subject
to
the
Roman
Laws
,
as
other
Conquered
Countries
.
Whence
[
](A46988-e69780-b)(s)
(s)
Latias
ab
eo
jurare
Leges
compulsam
.
De
Gestis
Reg.
l.
1.
c.
1.
Malmsbury
saith
,
That
Julius
Caesar
compelled
the
Britans
to
swear
Obedience
to
the
Latin
Laws
.
And
Gildas
[
](A46988-e69850-b)*
*
Non
Britannia
sed
Romania
censebatur
.
Excid
.
Britanniae
.
The
Britans
learn
the
Roman
Arts
and
Language
.
saith
,
it
was
reckoned
not
Britannia
,
but
Romania
.
And
more
particularly
,
that
Britain
was
subject
to
the
Roman
Law
,
these
Observations
following
will
prove
.
[
](A46988-e69950-b)‖
‖
Linguam
Romanam
abnuere
,
postea
eloquentiam
concupiscere
;
inde
etiam
habilus
neslri
honor
&
frequens
toga
,
paulatimque
discessum
ad
delinimenta
vitiorum
,
Balnea
,
Porticus
&
conviviorum
elegantiam
;
idque
apud
imperitos
humanitas
vocabatur
,
cum
pars
esset
servitutis
.
Vita
Agric.
c.
21.
Tacitus
tells
us
that
in
his
time
the
Britans
began
to
learn
the
Arts
,
and
to
exceed
the
Gauls
in
Wit
and
Learning
;
and
though
they
did
at
first
reject
the
Roman
Speech
,
yet
at
length
they
did
covet
their
Eloquence
:
from
thence
they
had
in
Esteem
the
Roman
Habit
,
and
their
Gown
was
frequently
worn
,
and
by
little
and
little
they
descended
to
the
fashionableness
of
their
Vices
,
in
their
Portico's
,
Baths
,
and
Beauty
or
sumptuousness
of
their
Banquets
;
which
among
the
ignorant
was
called
Humanity
or
good
Breeding
,
whereas
it
was
a
part
of
their
Servitude
.
If
we
add
to
this
the
Consideration
of
what
I
have
noted
out
of
Ramus
,
of
the
change
of
the
Gallick
Language
and
Laws
,
we
may
conclude
that
the
ancient
[
](A46988-e70050-b)(t)
(t)
In
Catalect
.
vet.
Poet.
lib.
1.
tit.
7.
Poet
spoke
Truth
;
who
saith
,
Cernitis
ignotos
Latia
sub
Lege
Britannos
.
All
these
things
are
to
be
understood
of
the
natural
Britans
,
who
no
doubt
were
not
backward
in
affecting
the
Roman
Laws
as
well
as
the
other
things
mentioned
by
Tacitus
.
For
which
the
Language
and
Rhetoric
were
most
useful
;
otherwise
what
need
was
there
of
having
Lawyers
from
Gaul
,
which
the
Poet
calls
[
](A46988-e70140-b)(u)
(u)
Juvenalis
Sat.
7.
Nutricula
Causidicorum
,
and
who
tells
us
that
[
](A46988-e70190-b)(x)
(x)
Satyra
15.
Gallia
Causidicos
docuit
facunda
Britannos
,
De
conducendo
loquitur
jam
Rhetore
Thule
.
So
we
find
,
That
Severus
left
his
Son
[
](A46988-e70240-b)(y)
(y)
Herodian
.
lib.
3.
Juri
dicendo
rebusque
civilibus
ut
praeesset
.
Geta
(
when
he
made
his
Northern
Expedition
)
to
be
as
Lord
President
of
the
North
;
and
Papinian
the
famous
Civilian
sate
in
the
Tribunal
at
York
,
and
from
thence
,
Severus
and
Antonius
set
forth
the
Imperial
Edict
,
[
](A46988-e70330-b)(z)
(z)
Cod.
lib.
3.
tit
.
32.
That
Laws
were
not
like
to
be
made
by
the
Britans
,
while
under
the
Romans
.
de
rerum
Venditione
.
Hitherto
we
find
no
probability
of
any
Laws
amongst
the
Conquered
Britans
,
but
such
as
the
Romans
imposed
or
allowed
of
.
After
the
Britans
embraced
Christianity
,
we
have
some
imperfect
accounts
of
King
Lucius
sending
to
Pope
Eleutherius
to
send
him
the
Roman
Laws
,
and
of
Caesar
.
But
Sir
Henry
Spelman
[
](A46988-e70480-b)(a)
(a)
Cum
has
domi
a
Roman●
Praeside
(
nec
fugien●as
quidem
)
obtineret
.
Concil.
Tom.
1.
p.
35.
and
others
,
do
justly
reject
this
as
spurious
,
because
he
could
not
want
those
,
nor
avoid
the
obedience
to
them
in
his
own
Country
;
for
,
as
he
saith
,
from
the
time
of
the
Emperor
Claudius
,
who
subdued
most
of
Britain
,
the
Roman
Laws
were
published
in
Britain
,
and
the
Brigantes
(
the
Inhabitants
of
Yorkshire
,
and
the
Countries
beyond
Humber
)
according
to
Seneca
[
](A46988-e70580-b)(b)
(b)
In
ludo
de
morte
Cl.
Caes
.
were
subject
to
them
,
who
speaking
of
Claudius
Caesar
,
writes
thus
,
Ille
Britannos
ultra
noti
littora
Ponti
,
Et
Coeruleos
[
](A46988-e70630-b)*
*
Vel
Scoto-Brigantas
.
Senec.
in
Octav.
scuta
Brigantas
dare
Romuleis
Colla
catenis
jussit
,
&
ipsum
nova
Romanae
Jura
securis
tremere
Oceanum
.
So
in
another
place
,
Cuique
Britanni
terga
dedêre
,
Ducibus
nostris
ante
ignoti
,
Jurisque
sui
.
There
being
nothing
to
be
found
of
secular
Laws
of
the
Britans
,
either
before
their
expulsion
by
the
Saxons
into
Wales
,
Concerning
the
Laws
of
Hoel
Dha
,
and
the
Britans
in
Wales
.
or
after
,
(
excepting
some
Ecclesiastical
Constitutions
in
Synods
)
till
the
Laws
of
Hoel
Dha
,
i.
e.
the
Good
:
I
must
refer
the
inquisitive
Reader
to
Sir
Henry
Spelman's
first
Volume
of
Councils
,
where
he
will
find
the
first
at
Verulam
,
or
St.
Albans
,
Anno
Christi
446.
that
by
St.
German
against
the
Pelagian
Heresy
,
Anno
449.
that
in
Wales
near
the
Mountain
Erir
,
that
under
Dubritius
,
and
three
at
Landass
,
before
the
year
560.
and
others
at
Landass
after
ann.
887.
Now
as
to
the
Laws
of
Hoel
Dha
,
the
Preface
to
his
Laws
saith
,
That
he
seeing
his
Welsh
insolently
to
abuse
the
Laws
,
he
called
out
of
every
Kemut
or
Hundred
of
his
Kingdom
,
six
[
](A46988-e70980-b)(c)
(c)
Laicos
viros
auctoritate
&
scientia
pollentes
&
omnes
E●clesiasticos
dignitate
baculosos
.
Spelm.
Concil.
Tom.
1.
fol.
408.
Twy
gwyn
ar
Tass
,
the
White
House
upon
the
River
Tass
.
Lay-men
,
excelling
in
Authority
and
Wisdom
,
and
all
the
Ecclesiastics
dignifyed
with
Pastoral
Staves
;
as
Archbishops
,
Bishops
,
Abbats
and
Priors
,
to
a
place
called
Guin
sup.
Taff
yn
Deved
,
which
House
he
would
have
built
with
white
Wands
,
for
an
House
to
lodge
in
when
he
came
to
hunt
in
the
parts
of
Demetie
;
wherefore
it
was
called
Ty
Gvyn
;
there
they
stayed
all
Lent
,
praying
and
fasting
,
&c.
of
those
the
King
chose
Twelve
Lay-men
,
most
learned
,
and
one
Clergy-man
called
Blangorid
,
to
instruct
him
in
the
Laws
,
that
they
might
come
nearest
to
Truth
and
Justice
,
and
ordered
them
to
be
writ
in
three
parts
:
[
](A46988-e71070-b)(d)
(d)
Prima
Lex
Curiae
〈◊〉
quotidianae
;
secunda
,
Lex
patria
;
tertia
,
usus
utriusque
.
One
for
his
daily
Court
;
another
to
be
the
Law
of
the
Country
;
and
a
third
to
be
of
use
for
both
:
The
Laws
printed
are
all
Ecclesiastical
;
only
in
[
](A46988-e71080-b)(e)
(e)
Cap.
25.
one
of
them
it
is
said
,
that
it
is
found
in
the
Roman
Laws
,
That
where
the
number
of
Witnesses
are
not
determined
,
there
two
are
sufficient
.
As
to
the
other
Laws
,
I
have
not
had
the
good
Fortune
to
meet
with
any
Transcript
of
them
,
only
in
[
](A46988-e71110-b)(f)
(f)
Glossar
.
p.
362.
Leges
pristinas
longa
receptas
consuetudine
abolevit
,
Britannisque
novas
dedit
.
Sir
Henry
Spelman's
Glossary
,
I
find
that
the
Manuscript
saith
,
That
he
abolished
the
old
Laws
,
received
by
long
Custom
,
and
gave
to
his
Britans
new
ones
;
which
,
from
the
Makers
Name
,
are
called
the
Laws
of
Hoel
Dha
.
Who
over
reads
these
Laws
,
saith
a
judicious
[
](A46988-e71170-b)(g)
(g)
Sacred
Laws
,
p.
76.
Author
,
will
have
little
reason
to
think
our
Common
Law
ran
from
any
such
Fountain
;
and
it
seems
the
old
Laws
and
Customs
of
this
People
were
far
worse
and
more
rude
yet
,
as
the
Proem
informs
us
.
I
know
some
will
be
displeased
that
I
take
no
notice
of
the
Mulmutian
,
or
of
the
Mercian
Laws
,
concerning
which
the
Abbat
[
](A46988-e71220-b)(h)
(h)
Jo.
Bromp
.
Coll.
956.
num.
10.
of
Jorval
and
the
Monk
[
](A46988-e71260-b)(i)
(i)
Lib.
1.
c.
50.
Concerning
the
Mercian
Laws
,
not
British
.
See
for
this
,
and
against
it
,
what
the
Judicious
Selden
hath
writ
in
his
fourth
,
fifth
,
and
sixth
Chapters
of
his
Janus
Anglorum
,
in
which
the
Story
of
Brute
is
judiciously
confuted
.
of
Chester
give
this
account
,
That
Dunwallo
Mulmucius
,
a
British
King
(
who
lived
430
years
before
our
Saviour
)
made
those
Laws
which
continued
in
esteem
till
Edward
the
Confessors
days
,
by
the
Name
of
the
Leges
Molmucinae
,
in
which
he
appointed
Cities
,
the
Temples
of
the
Gods
,
and
the
Ways
leading
to
them
,
and
the
Ploughs
of
the
Country
Men
to
be
Sanctuaries
;
and
after
Mercia
(
a
Queen
of
the
Britans
)
Wife
of
Gwithelin
(
whom
Leland
calls
Mercia
proba
)
in
the
Minority
of
her
Son
,
saith
the
Monk
of
Chester
,
who
ruled
in
the
Country
of
the
Mercians
,
published
a
Law
full
of
Discretion
and
Justice
,
called
the
Lex
Mercia
;
which
two
Laws
Gildas
the
Historian
translated
out
of
the
British
Language
into
Latin
;
and
these
in
the
Saxons
time
,
were
called
Merchena
Laga
,
or
the
Law
of
the
Mercians
;
which
Alured
the
Saxon
(
saith
the
Monk
of
Chester
)
from
the
Latin
turned
into
the
Saxon
Language
,
and
added
the
West
Saxon
Law
,
and
Canutus
added
the
Danelga
or
Danish
Law
;
all
which
three
being
joyned
together
by
Edward
the
Confessor
,
made
those
we
call
the
Common
Law
or
King
Edward's
Laws
.
To
which
I
shall
only
give
Sir
Henry
Spelman's
answer
in
his
Glossary
,
That
it
is
true
that
King
Alfred
did
write
the
Mercian
Laws
into
his
own
West
Saxon
Laws
;
but
(
as
appears
by
the
Preface
to
his
Laws
)
that
he
collected
what
ever
he
found
in
the
Laws
of
King
Ina
his
Countryman
,
Offa
King
of
the
Mercians
,
or
Ethelbert
,
who
was
first
baptized
;
and
those
that
were
just
,
he
collected
,
others
being
rejected
.
It
is
not
probable
that
Offa
a
Saxon
King
,
the
cruellest
Enemy
to
the
Britains
,
having
driven
them
out
of
all
the
Confines
of
his
Kingdom
into
Wales
,
should
carry
back
their
Laws
as
his
Spoils
;
especially
the
Laws
being
so
wicked
,
that
in
the
next
Age
they
should
be
expunged
,
and
juster
Laws
be
chosen
,
as
we
see
in
the
Preface
to
those
of
Hoel
Dha
.
I
shall
offer
but
one
Argument
more
,
and
so
conclude
with
Sir
Henry
Spelman's
opinion
:
When
Ethelbert
King
of
Kent
made
his
Laws
Anno
613.
as
in
the
next
Chapter
I
shall
relate
;
Bede
saith
,
he
framed
them
after
the
Roman
Example
,
after
Romana
Bisena
;
by
which
we
may
understand
,
either
according
to
the
Laws
then
used
by
the
Civil
or
Ecclesiastic
State
of
the
Romans
.
As
to
Sir
Henry
Spelman
[
](A46988-e71910-b)(k)
(k)
Glossar
.
tit.
Lex
.
Whence
most
Laws
after
the
breaking
of
the
Roman
Empire
.
he
saith
,
when
the
Goths
,
Saxons
,
Longobards
,
Danes
,
Normans
and
other
Inhabitants
about
the
Baltic
Sea
,
and
Northern
parts
of
Germany
,
had
made
great
Conquests
in
Europe
,
they
imposed
their
Laws
every
where
upon
the
conquered
,
and
their
Country
Ri●●
:
hence
the
Agreement
betwixt
the
Laws
of
the
Germans
,
French
,
Italians
,
Spaniards
and
Sicilians
;
and
who
ever
boast
of
the
Antiquity
of
their
Municipal
Laws
,
can
deduce
them
no
higher
.
For
[
](A46988-e72000-b)(l)
(l)
Quis
enim
victor
populus
sub
victi
legibus
conquiniscet
?
saith
he
,
What
conquering
People
will
bow
the
neck
under
the
Laws
of
the
conquered
,
especially
when
they
have
ejected
a
great
part
of
them
out
of
the
Country
?
So
that
if
the
Britains
had
any
Laws
of
their
own
,
after
the
Roman
Conquest
,
they
must
be
preserved
in
the
remotest
parts
of
Scotland
,
and
after
in
Wales
:
but
England
had
other
Laws
,
as
I
shall
make
appear
hereafter
.
CHAP.
XXIII
.
Of
the
German
Government
,
and
Laws
of
several
Countries
;
after
breaking
of
the
Roman
Empire
,
and
an
Introduction
to
understand
the
Saxon
Law-makers
.
HAving
treated
of
the
State
of
the
Britans
under
the
Romans
,
I
now
in
order
should
immediately
treat
of
the
Saxons
great
Councils
,
and
discover
by
what
Authority
Laws
were
made
in
their
time
,
who
made
up
the
great
Council
,
and
whose
advice
was
implied
in
the
framing
of
their
Laws
:
But
before
I
enter
upon
Particulars
,
it
may
be
needful
to
say
something
of
the
German
Polity
,
a
Member
of
which
most
famous
Country
(
though
we
find
not
them
mentioned
during
the
time
of
the
twelve
Caesars
)
no
doubt
the
Saxons
were
.
Caesar
tells
us
,
The
Gods
the
Germans
worshipped
.
The
Germans
had
no
Druids
[
](A46988-e72250-b)*
*
Germani
neque
Druidas
habent
qui
rebus
divinis
praesint
,
neque
sacrisiciis
student
.
which
attended
Divine
Matters
,
nor
did
they
study
Sacrifices
,
and
that
they
accounted
among
the
Gods
those
they
see
,
and
from
whom
they
are
manifestly
helped
in
their
works
,
as
the
Sun
,
Vulcan
and
the
Moon
;
the
rest
they
have
not
received
as
much
as
by
report
:
But
Tacitus
mentions
their
God
Tuisto
,
born
of
the
Earth
,
and
his
Son
Mannus
,
and
that
they
worshipped
Mercury
most
,
to
whom
they
sacrificed
Men
;
but
to
Hercules
and
Mars
other
Animals
,
Although
the
Germans
,
Gauls
,
and
Britans
were
Barbarous
,
yet
they
were
Valiant
,
and
capable
of
great
Improvement
.
and
that
some
worshipped
Isis
.
When
I
read
in
Caesar
,
Tacitus
,
Diodorus
,
Strabo
and
others
,
of
the
Barbarousness
of
the
Germans
,
Gauls
and
Britans
,
their
homely
Diet
,
poor
Cottages
and
Clothing
,
their
Habitations
dispersed
according
as
there
was
convenience
of
Water
or
Wood
,
and
that
uncultivated
Disposition
they
describe
;
I
am
ready
to
think
,
before
the
Roman
Attacques
upon
them
,
they
had
lived
something
like
the
Savage
Indians
,
and
had
little
of
Arts
or
Industry
among
them
:
but
when
I
consider
on
the
other
side
,
their
great
Armies
,
their
Weapons
,
the
Chariots
of
the
Britans
and
Gauls
,
called
Esseda
,
the
[
](A46988-e72460-b)(a)
(a)
Lanceo
ferreo
cubitali
longitudine
,
latitudine
duorum
palmorum
,
Aerea
Galea
caput
muni●bant
paulatim
eminentiore
,
in
qua
aut
cornua
impressa
essent
,
aut
avium
vel
quadrupedum
essigies
sculptae
.
Caesar
.
l.
3.
Lances
of
the
Gauls
,
with
Heads
of
Iron
a
Cubit
long
,
and
two
Palms
broad
,
their
large
Shields
and
Brass
Helmets
;
the
German
Spears
called
Fram●●●
,
and
the
Ornaments
of
their
Shields
and
Helmets
,
with
Figures
of
Birds
or
four-footed
Beasts
in
Brass
,
their
orderly
raising
of
such
and
such
numbers
of
Men
,
in
such
and
such
Circuits
and
Jurisdiction
of
Cities
,
and
their
training
up
their
Youth
in
Arms
,
and
the
Influence
the
Druids
had
in
Gaul
and
Britain
,
and
the
Priests
in
Germany
(
in
all
which
Particulars
I
could
give
a
large
account
,
but
that
Ramus
hath
saved
me
the
labour
:
)
I
say
,
when
I
consider
this
,
I
look
upon
them
as
People
of
brave
and
Heroic
minds
,
and
such
as
were
capable
of
great
Improvements
,
and
who
were
People
of
Courage
and
Prowess
.
But
I
shall
leave
these
things
,
and
only
speak
of
their
Polity
or
Government
Ecclesiastic
,
Military
,
The
Religion
of
the
Germans
.
and
Civil
.
As
to
their
Priests
,
[
](A46988-e72590-b)(b)
(b)
Silentium
per
Sacerdotes
,
quibus
tum
coercendi
Jus
est
imperatum
.
Tacit.
de
Moribus
Germ.
634.
Tacitus
tells
us
,
That
in
the
great
Confluxes
of
the
People
,
they
had
some
kinds
of
Presidentship
,
and
coercive
Power
in
causing
Silence
.
None
were
permitted
to
Correct
,
Bind
,
or
Punish
any
with
Stripes
,
but
the
Priests
,
not
allowing
them
to
be
inflicted
for
Punishment
,
and
at
the
Command
of
the
Captain
,
but
as
it
were
[
](A46988-e72620-b)(c)
(c)
Velut
Deo
imperante
quem
adesse
bellantibus
credunt
.
Id.
God
commanding
,
whom
they
believe
to
be
present
with
their
Armies
.
Therefore
he
saith
,
they
carry
some
Effigies
or
Symbols
of
their
Gods
,
taken
from
their
Graves
,
into
their
Battles
.
He
[
](A46988-e72640-b)(d)
(d)
Nec
cohibere
parietibus
Deos
,
neque
in
ullam
humani
oris
speciem
assimulare
ex
magnitudine
coeles●ium
arbitrantur
.
Id.
633.
saith
,
the
Germans
do
not
confine
their
Gods
to
Walls
,
nor
make
them
after
the
similitude
of
Humane
Shape
,
the
greatness
of
Coelestial
Powers
not
allowing
it
:
they
consecrate
Groves
and
Woods
,
and
call
by
the
names
of
Gods
that
Secret
,
which
by
Reverence
alone
they
see
.
Lucos
ac
nemora
Consecrant
,
Deorumque
nominibus
appellant
Secretum
illud
quod
sola
Reverentia
vident
.
As
to
civil
affairs
,
Their
Civil
Government
.
In
their
Councils
(
which
[
](A46988-e72700-b)(e)
(e)
Jura
per
Pagos
Vicosque
reddunt
,
centeni
singulis
ex
plebe
comites
,
consilium
simul
&
auctoritas
adsunt
.
Idem
Tacitus
before
saith
,
they
ordinarily
held
about
the
New
or
Full
Moon
)
their
Princes
are
chosen
,
who
administer
Justice
by
Villages
,
and
Dorps
,
and
Council
and
Authority
was
in
every
Hundred
.
Such
were
our
ancient
Wapentakes
,
called
Hundreds
where
[
](A46988-e72730-b)(f)
(f)
Conventus
fiat
in
omni
centena
,
coram
Comite
aut
suo
misso
,
&
coram
Centenario
ipsum
placitum
fiat
.
LL.
Alaman
.
the
Hundredary
,
and
others
judged
:
and
in
this
account
we
have
a
description
of
our
Fortnight
and
Monthly
Courts
in
Wapentakes
,
and
of
the
Courts
of
Mannors
;
but
of
this
Sir
William
Dugdale
is
to
be
consulted
in
his
Learned
Treatise
called
Origines
Juridiciales
.
I
come
therefore
to
their
Princely
and
Military
Government
:
For
in
so
Warlike
a
Nation
,
it
is
described
by
[
](A46988-e72780-b)(g)
(g)
Reges
ex
Nobilitate
,
Duces
ex
virtute
sumunt
;
nec
Regibus
infinita
&
libera
Potestas
,
&
Duces
exemplo
potius
quam
Imperio
.
Si
prompti
,
si
conspicui
,
si
ante
Aciem
agunt
,
admiratione
praesunt
.
Id.
634.
Tacitus
,
as
fittest
for
that
Service
.
He
saith
they
take
their
Kings
by
their
noble
Extraction
,
and
their
Captains
or
Leaders
by
their
Vertue
or
Prowess
,
nor
is
the
Power
of
their
Kings
free
and
absolute
;
and
their
Captains
by
Example
rather
than
Command
,
are
obeyed
.
If
they
be
ready
handed
,
of
a
goodly
Presence
,
and
signalize
their
Prowess
in
the
Head
of
their
Armies
,
this
gives
them
Command
.
Further
he
[
](A46988-e72820-b)(h)
(h)
Mox
Rex
vel
Princeps
,
prout
aetas
cuique
,
prout
Nobilitas
,
prout
decus
Bellorum
,
prout
facundia
,
audiuntur
Auctoritate
suadendi
magis
quam
jubendi
potes●ate
:
si
displicuit
sententia
,
fremitu
aspernantar
;
sin
placuit
,
frameas
concutiunt
.
Honoratissimum
assensus
genus
est
armis
laudari
.
Id.
636.
saith
,
The
King
or
Prince
is
heard
(
that
is
,
valued
,
esteemed
and
obeyed
)
according
to
his
Age
,
his
Nobility
,
his
Warlike
Atchievements
or
Eloquence
,
rather
by
the
Authority
of
perswading
,
than
by
the
Power
of
Commanding
.
If
the
matter
proposed
displease
,
it
is
rejected
with
a
fretting
noise
;
if
it
please
,
they
clash
together
their
Spears
:
the
honourablest
kind
of
assent
being
to
commend
with
their
Weapons
.
All
this
seems
to
be
fitted
for
Military
Affairs
;
and
Tacitus
having
had
occasion
to
treat
of
the
Germans
as
they
were
engaged
in
Wars
against
the
Romans
,
must
be
thought
to
make
his
principal
Remarks
from
the
Intelligence
he
had
from
the
Romans
that
were
employed
against
them
:
Therefore
little
can
be
expected
of
their
Government
in
Times
of
Peace
;
which
,
no
doubt
,
they
rarely
enjoyed
after
the
Roman
Ambition
of
subduing
all
their
Neighbours
,
and
bringing
them
under
their
Subjection
,
was
so
much
endeavoured
.
That
the
Germans
were
a
Warlike
Nation
appears
in
all
the
accounts
given
of
them
;
[
](A46988-e72910-b)(i)
(i)
Vita
Germanorum
omnis
in
venationibus
,
a●qu●
in
studiis
rei
militaris
consumitur
.
therefore
Caesar
tells
us
,
That
the
whole
life
time
of
the
Germans
was
spent
in
Hunting
and
in
Military
Imployments
.
So
Tacitus
relates
,
That
in
their
Councils
,
either
one
of
the
Princes
,
[
](A46988-e72950-b)(k)
(k)
Scuto
Frameaque
juvenem
ornant
;
hac
apud
illos
toga
,
hic
primus
juventae
honos
.
De
Moribus
Germ.
or
the
Father
,
or
Kinsman
adorn
the
Youth
with
a
Shield
and
Spear
:
This
being
among
them
,
as
the
Gown
among
the
Romans
,
the
first
Honour
of
their
Youth
.
So
he
saith
,
They
divided
the
Inhabitants
of
the
Pagi
into
Hundreds
,
of
which
one
was
the
chief
,
and
these
were
the
Footmen
in
their
Armies
.
The
German
Comites
.
Their
Princes
had
always
a
great
number
of
Companions
in
Arms
,
whom
he
calls
Comites
and
Comitatus
;
[
](A46988-e73030-b)(l)
(l)
Magnaque
&
Comitum
aemulatio
quibus
primus
apud
Principem
suum
●●●us
:
&
Principum
,
cui
plurimi
&
acerrimi
Comites
.
Haec
dignit
●●
,
〈◊〉
vires
,
magno
semper
electorum
juvenum
globo
circundati
,
in
pace
decus
,
in
bello
praesidium
.
Id.
p.
637.
Cum
ventum
i●
Aciem
,
turpe
Principi
virtute
vinci
,
turpe
comitatui
virtutem
Principis
non
adaequare
.
among
whom
was
great
Emulation
,
who
should
obtain
the
prime
place
about
the
Prince
;
and
so
among
the
Princes
,
who
should
have
most
,
and
the
valiantest
Companions
:
where
this
number
of
Clients
,
Retainers
or
Companions
is
not
only
glorious
to
them
in
their
own
Country
,
but
among
their
neighbour-Cities
where
they
fight
.
It
is
shameful
for
the
Prince
,
saith
he
,
to
be
overcome
by
force
,
and
as
shameful
for
these
Companions
not
to
equal
the
valour
of
their
Prince
;
and
it
is
an
infamous
disparagement
to
them
,
all
their
lives
,
to
escape
alive
out
of
the
Fight
,
if
their
Prince
be
slain
:
for
to
defend
him
,
and
to
ascribe
their
own
valiant
Actions
to
his
Glory
,
is
their
principal
Oath
,
the
Prince
fighting
for
Victory
,
and
they
for
the
Prince
.
If
the
City
from
whence
they
sprung
,
hath
grown
sluggish
with
long
Peace
and
Idleness
,
the
most
of
the
Noble
Youth
,
of
their
own
accord
,
seek
those
Nations
where
Wars
are
:
Idleness
being
ingrateful
to
them
;
and
the
Princes
cannot
maintain
these
numerous
Companions
,
but
by
Force
and
War
:
for
these
Comites
require
of
the
Prince's
Liberality
,
[
](A46988-e73060-b)(m)
(m)
Exigunt
enim
Principis
sui
liberalitate
illum
bellatorem
equum
,
illam
cruentam
victricemque
●rameam
.
Id.
538.
Sir
Henry
Spelman
derives
Vassal
from
the
old
German
Gessel
,
Comes
,
vel
simpliciter
,
vel
qui
pro
mercede
servit
.
Glossar
.
Fidelis
.
the
Warlike
Horse
,
and
the
bloody
and
conquering
Framea
or
Spear
.
For
plentiful
Food
,
and
Entertainments
are
to
them
in
stead
of
Wages
.
Thus
far
Tacitus
.
Methinks
in
this
description
of
the
Comites
and
Comitatus
,
there
appears
something
like
the
Feudal
dependence
of
the
Milites
upon
the
Prince
;
they
are
bound
by
Oath
to
defend
him
,
they
have
Horse
,
and
Lance
,
or
Spear
,
have
liberal
entertainment
both
in
constant
Food
and
Banquets
for
Wages
;
and
that
they
had
also
Lands
set
out
for
the
service
,
the
following
words
seem
to
imply
,
viz.
That
one
cannot
so
[
](A46988-e73190-b)(n)
(n)
Nec
arare
terram
aut
expectare
Annum
tam
facile
persuaseris
,
quam
locare
hostes
,
&
vulnera
mereri
;
pigrum
quinimo
,
&
inters
videtur
sudore
acquirere
quod
possis
sanguine
parare
.
Id.
P.
538.
easily
perswade
them
to
plough
land
,
or
expect
the
Fruits
of
the
Year
,
as
to
provoke
the
Enemy
,
and
to
deserve
wounds
;
for
it
is
sluggish
to
them
and
dull
to
acquire
that
by
Sweat
,
that
they
may
obtain
by
Blood
.
Whether
this
imply'd
a
Feudal
Tenure
or
not
,
I
will
not
determine
;
but
it
shews
a
rudiment
of
it
:
And
in
Scotland
not
only
in
the
Highlands
but
the
Lowlands
,
that
which
they
call
the
Great-back
,
i.e.
to
be
attended
whereever
they
travel
,
when
they
please
to
command
it
,
with
a
great
train
of
their
Vassals
and
Tenants
,
especially
in
military
expeditions
;
is
yet
in
use
;
and
till
the
Law
of
H.
7.
against
Retainers
,
this
was
as
much
used
by
the
ancient
English
Nobility
.
Their
Princes
presented
with
Gifts
.
[
](A46988-e73290-b)(o)
(o)
M●s
est
civitatibus
ultro
ac
viritim
conferre
Principibus
vel
armentorum
vel
frugum
,
quod
pro
●●nore
acceptum
etiam
necessitatibus
subvenit
:
publice
mitt●●tur
electi
equi
,
magna
arma
,
phalerae
,
torquesque
.
Idem
.
Tacitus
further
saith
,
concerning
their
Princes
,
That
it
was
a
custom
for
their
Cities
,
of
their
own
accord
,
and
Man
by
Man
,
to
bestow
upon
their
Princes
,
Cattle
and
Corn
,
which
is
received
as
an
Honorary
Gift
,
and
serves
them
for
their
House-keeping
;
and
the
Princes
most
rejoyce
in
the
Gifts
of
the
neighbouring
Nations
,
which
are
not
sent
by
single
persons
,
but
as
Publick
Presents
:
viz.
Chosen
Horses
,
great
Armes
,
Horse-trappings
,
and
Collars
or
Chains
,
and
of
late
,
Money
.
Here
we
may
note
,
that
where
Tacitus
mentions
Civitates
he
means
some
distinct
Government
or
Country
under
one
Government
.
For
he
is
positive
that
the
Germans
had
not
such
places
as
were
called
Vrbes
,
Cities
;
nor
did
they
endure
conjoyned
Seats
of
Habitation
,
but
did
inhabit
severally
,
as
a
Fountain
,
a
Field
,
or
Wood
pleased
them
,
their
Cities
being
only
fenced
Woods
or
Morasses
.
They
went
always
armed
.
I
might
note
many
other
things
in
which
the
Saxons
agreed
with
the
description
[
](A46988-e73410-b)(p)
(p)
Nihil
neque
publi●●
neque
pr●va●●●
r●i
nisi
armati
agunt
,
tum
ad
nego●●●
,
nec
minus
sape
ad
convi●ia
procedunt
armati
.
Tacitus
gives
of
the
Germans
,
and
some
usages
we
retain
still
;
but
I
shall
only
add
two
particulars
more
,
and
so
conclude
.
He
saith
,
that
they
neither
went
about
publick
or
private
Affairs
unarmed
,
not
only
where
business
required
,
but
to
their
Feasts
they
went
armed
;
and
to
drink
at
them
a
Day
and
Night
was
no
disgrace
:
and
often
at
these
were
quarrels
,
which
seldom
passed
without
reproaches
,
but
often
with
death
and
wounds
.
At
these
Feasts
they
consult
,
saith
he
,
of
reconciling
Enemies
,
De
reconciliandis
invicem
i●imicis
,
&
jungendis
affinitatibus
,
&
adsciscendis
Principibus
,
de
pace
denique
a●
b●●●
,
plerumque
in
conviviis
consulcant
,
tanquam
nullo
magis
tempore
aut
ad
simplices
cogitationes
pateat
animus
aut
ad
magnas
incale
cat
.
Deliberant
dum
●ingere
ne
ciunt
:
constituunt
dum
errare
non
possunt
.
Id.
642.
De
minoribus
rebus
Principes
consultant
,
d●
majoribus
omnes
;
ita
tamen
ut
ea
quoque
quorum
p●nes
plehem
arbitrium
est
,
apud
Principes
pertrectentur
.
Id.
636.
Their
Consultations
.
of
joyning
Affinities
,
and
chusing
Princes
,
and
for
the
most
part
,
of
Peace
and
War
,
as
if
at
no
other
time
,
either
the
Mind
is
more
open
to
receive
simple
thoughts
,
or
is
more
warmed
to
great
ones
;
yet
,
however
,
upon
these
occasions
,
they
unbosom
themselves
,
the
next
day
they
treat
again
of
these
matters
,
deliberating
when
they
know
not
how
to
dissemble
,
and
firmly
resolve
on
a
thing
when
they
cannot
err
.
As
to
their
publick
Consultations
,
Tacitus
observes
further
,
That
of
lesser
matters
(
such
as
I
suppose
concerned
not
the
Publick
State
of
Affairs
in
War
or
Peace
,
but
the
particular
ordering
the
matters
of
their
private
Jurisdictions
)
the
Princes
consult
:
about
greater
business
all
,
yet
so
as
those
things
,
of
which
the
lowest
sort
of
the
People
are
Judges
,
are
first
treated
of
by
the
Princes
.
By
which
I
understand
,
Tacitus
means
by
greater
matters
,
the
Consultations
about
the
defending
themselves
against
their
Enemies
,
especially
against
the
Romans
,
where
the
unanimous
suffrage
of
the
greatest
multitude
was
requisite
.
By
all
which
,
it
is
apparent
that
there
were
several
Principalities
in
Germany
,
and
that
the
Souldiery
made
up
a
great
part
of
the
People
:
and
where
we
read
of
suffrages
,
it
is
to
be
understood
of
theirs
;
and
whatever
freedom
of
Votes
,
&c.
we
read
of
,
was
principally
in
debating
Military
Affairs
:
and
that
Germany
doth
yet
retain
free
Princes
,
and
free
Cities
,
though
under
one
Emperour
,
De
Moribus
Germanorum
.
as
ancient
Germany
did
,
is
well
known
.
Another
of
their
laudable
Customs
is
thus
remembred
by
Tacitus
,
Insignis
Nobilitas
,
aut
magna
Patrum
merita
,
Principis
dignationem
etiam
adolescentulis
assignant
,
which
I
render
,
Great
Nobility
,
or
,
the
great
merits
of
their
Fathers
,
gives
the
dignity
of
Princes
,
even
to
their
Youth
.
In
this
we
may
note
the
propagation
of
Gentry
,
through
true
Virtue
deserving
Honour
,
to
whose
Memory
is
dedicated
that
Worship
which
is
often
bestowed
on
unworthy
Posterity
.
Haec
debeamus
virtutibus
ut
non
praesent●s
solum
illas
,
sed
e●●am
ablatas
e●conspectu
colamus
.
Senec.
lib.
4.
de
Benef.
c.
30.
Dotem
non
uxor
marito
,
sed
uxori
maritus
affert
,
Idem
.
Tacitus
〈◊〉
supra
.
Accisis
cri●ibus
nudatam
Adul●eram
coram
propinquis
expellit
d●mo
maritus
,
ac
p●r
omnem
vicum
verbera
agit
.
Idem
.
This
,
saith
Seneca
,
we
owe
to
Virtues
,
that
we
do
not
only
worship
them
present
,
but
worship
them
taken
out
of
our
sight
.
Another
of
the
German
Laws
or
Usages
was
,
as
Tacitus
mentions
,
That
the
Wife
doth
not
bring
the
Husband
a
Portion
,
but
the
Husband
gives
the
Wife
a
Dowry
.
Yet
we
find
the
Husbands
severity
in
case
of
abusing
his
Bed
,
thus
:
The
Husband
,
if
the
Wife
prove
an
Adultress
,
cuts
off
her
Hair
,
strips
her
naked
,
and
turns
her
out
of
doors
in
presence
of
her
Kindred
,
and
drives
her
through
the
Streets
,
lashing
or
beating
her
as
she
goes
along
.
This
,
as
Juvenal
saith
,
was
—
Ipsis
Marti
Venerique
timendum
.
So
Antinous
in
Homer
threatens
Irus
with
the
chopping
off
his
Nose
,
Ears
,
and
Privities
;
and
Vlysses
inflicts
that
very
punishment
upon
his
Goat-herd
Melanthius
for
his
Pimping
.
So
in
Canutus
his
Law
,
the
Wife
who
took
other
Passengers
aboard
her
,
than
her
Husband
,
is
doomed
,
she
should
have
her
Nose
and
Ears
cut
off
.
J●●us
Anglorum
.
The
curious
may
see
more
in
Selden
.
Tacitus
observes
another
Law
,
H●●redes
successoresque
sui
cuique
liberi
,
&
nullum
testamentum
.
Si
liberi
non
sunt
p●●ximus
gradus
in
poss●ss●o●e
,
sratres
,
patrui
,
avunculi
.
Idem
.
that
every
ones
Children
were
their
Heirs
and
Successors
,
and
there
was
no
Will
to
be
:
If
there
be
no
Children
,
then
the
next
of
kin
shall
inherit
;
Brethren
,
or
Unkles
by
the
Fathers
or
Mothers
.
This
seems
to
point
out
Gavil-kind
,
otherwise
there
had
been
need
of
a
Testament
to
dispose
of
something
for
younger
Children
.
So
Selden
observes
,
that
till
our
Grandfathers
time
it
was
not
lawful
to
dispose
of
Land-Estates
by
Will
,
unless
it
were
in
some
Burroughs
that
had
such
priviledges
,
but
this
hindred
not
but
they
might
dispose
by
Deeds
.
Another
Law
he
mentions
,
Suscipere
inimicitias
seu
patris
seu
propi●qui
quam
amicitias
necesse
est
.
Idem
.
Nec
implacabiles
durant
,
luitur
enim
etiam
homicidium
certo
Arm●ntorum
ac
pecorum
numero
,
recipitque
satisfactionem
universa
dom●s
.
Idem
.
which
shews
the
use
of
those
are
called
Deadly
Feuds
in
the
North
,
was
that
to
undertake
the
enmities
rather
than
the
friendships
,
whether
of
ones
Father
or
Kinsman
,
is
more
necessary
.
Yet
he
saith
,
those
do
not
hold
on
,
never
to
be
appeased
;
for
even
Murther
is
expiated
by
a
certain
number
of
Cattle
,
and
the
whole
Family
of
the
murdered
Person
receives
satisfaction
.
So
we
find
in
our
English
Saxon
Laws
,
Murthers
were
formerly
bought
off
with
Head-money
,
which
was
called
W●●gild
,
though
one
had
killed
a
Noble-man
,
yea
,
a
King
himself
,
which
,
as
I
remember
,
was
valued
at
60000
Thrimsas
or
Groats
,
and
so
a
Prince
30000
,
and
others
Proportionable
.
Another
Law
we
find
thus
,
The
Lord
imposeth
upon
his
Tenant
a
certain
quantity
of
Corn
,
or
Cattle
,
or
Clothes
.
Frumenti
modum
Deminus
aut
pecoris
aut
vestis
col●no
injungit
.
Idem
.
Here
we
certainly
find
the
usage
of
Country
Farmholders
.
In
●●imitivo
Regni
s●●tu
p●st
conquis
●●nem
〈…〉
〈…〉
argenti
〈◊〉
,
sed
sola
〈◊〉
solvebantur
.
Dialog.
Scaccar
.
So
yet
in
Scotland
,
a
Gentleman
of
Quality
,
or
Lords
Estate
is
not
computed
by
Annual
Rent
,
but
by
so
many
Bolls
of
Victual
.
So
we
find
in
Gervase
of
Tilbury
,
that
the
Kings
had
payments
made
them
out
of
their
Lands
,
not
in
Summs
of
Gold
or
Silver
,
but
only
in
Victuals
or
Provisions
,
out
of
which
the
King's
House
was
supplied
with
necessaries
for
daily
use
,
which
the
King's
Officers
accounting
with
the
Sheriffs
,
reduced
into
many
payments
,
viz.
a
Measure
of
Wheat
to
make
Bread
for
100
Men
1
s.
the
body
of
a
Pasture-fed
Beef
,
1
s.
a
Ram
or
Sheep
4
d.
for
Food
for
20
Horses
4
d.
Thus
far
I
have
thought
fit
to
pick
out
of
Tacitus
the
manners
of
the
Germans
,
and
compare
some
of
them
with
the
English
,
Saxon
,
or
Norman
Customs
,
to
discover
their
Conformity
.
But
since
,
in
this
account
from
Tacitus
,
we
find
no
satisfactory
testimony
as
to
the
power
of
making
Laws
,
but
that
in
general
they
used
to
meet
in
Consultation
about
the
New
or
Full
of
the
Moon
,
where
2
[
](A46988-e74150-b)(r)
(r)
Alter
&
tertius
dies
consultatione
co●●ntium
ab●umitur
.
Id.
636.
or
3
Days
were
usally
spent
,
and
the
Turba
,
or
Common
Body
of
those
that
met
,
(
which
elsewhere
he
saith
,
was
by
hundreds
)
being
Armed
,
the
Priests
commanded
silence
,
and
had
the
power
of
keeping
Matters
in
order
,
and
the
Princes
Authority
was
there
,
as
I
have
noted
before
:
I
say
,
considering
these
things
,
I
must
seek
otherwhere
for
clearer
discovery
;
before
which
I
will
only
note
,
Judgments
given
in
their
Councils
.
that
at
such
Councils
as
[
](A46988-e74190-b)(s)
(s)
Li●●●
apud
concilium
accusare
quoque
&
discrimen
capitis
intendere
.
Tacitus
describes
,
Judgments
were
given
upon
offences
:
for
he
saith
here
,
Accusations
might
be
presented
,
and
Capital
Matters
tried
,
the
distinction
of
punishment
[
](A46988-e74210-b)*
*
Distinctio
paenarum
ex
〈◊〉
,
proditores
&
tran●fu●●●
ar●oribus
suspendunt
,
ignav●●
&
im●e●●●
&
●●pore
(
Lips
.
torp●●●
)
Infames
〈…〉
〈◊〉
insup●r
crate
〈◊〉
.
●acitus
de
moribus
German
.
In
some
Places
of
Germany
Drowning
is
yet
a
Punishment
,
as
Platerus
gives
an
Account
of
a
Woman
tied
in
a
Sack
,
and
cast
into
the
River
near
Basil
,
who
was
found
alive
after
being
taken
up
at
the
usual
place
,
half
a
mile
below
where
she
was
cast
in
.
Observat
.
being
according
to
the
Crime
:
Traytors
and
such
as
fled
to
the
Enemy
were
hung
upon
Trees
,
but
the
slothful
,
unfit
for
War
,
and
such
as
are
infamous
for
sluggishness
(
as
Lipsius
will
have
it
Torpore
not
Corpore
infames
)
were
drowned
in
Morasses
,
an
Hurdle
being
laid
upon
them
,
and
the
reason
he
gives
of
the
divers
punishments
,
is
,
that
the
first
which
he
calls
Scelera
,
are
to
be
shown
while
punished
;
but
the
other
,
which
he
calls
Flagitia
,
wicked
and
heinous
crimes
,
(
but
particularizeth
not
what
they
were
)
should
be
hid
and
punished
by
Drowning
;
then
follows
,
Levioribus
delictis
pro
modo
poenarum
,
equorum
,
pecorumque
numero
convicti
mulct
antur
,
pars
mulctae
Regi
vel
Civitati
,
pars
ipsi
qui
vindicatur
,
vel
propinquis
ejus
exolvitur
;
and
that
for
smaller
faults
,
the
punishment
was
a
Mulct
of
Horses
or
Cattle
,
whereof
a
great
part
was
pay'd
to
the
King
,
or
City
,
and
part
to
him
that
was
acquitted
,
or
his
kindred
.
By
which
we
may
note
a
Sovereignty
in
the
Kings
,
or
Free
Cities
,
or
People
to
whom
these
Mulcts
were
pay'd
.
But
I
leave
these
obscurer
times
,
and
proceed
to
greater
light
.
Therefore
,
for
the
better
clearing
of
the
Authority
of
the
Saxon
Kings
in
giving
Laws
to
their
Subjects
,
and
the
discovering
who
were
the
constituent
parts
of
the
great
Councils
;
I
shall
first
note
something
of
the
several
Laws
made
in
Germany
,
France
,
Several
Laws
made
in
several
King
loms
after
the
declining
of
the
Reman
Empire
.
and
the
Northern
Countries
,
and
so
proceed
to
some
general
observations
of
our
Saxon
Laws
;
and
lastly
,
to
illustrate
or
expound
by
a
short
Glossary
,
the
Saxon
Titles
of
Great
Men
found
mentioned
in
the
Councils
.
First
(
as
the
Ancientest
I
meet
with
)
I
will
begin
with
the
Gothic
Laws
:
Gothick
Laws
.
These
Goths
overrun
Europe
,
and
did
not
only
cause
great
Wars
and
Destructions
,
but
made
great
alterations
in
the
Laws
and
Kingdoms
.
The
Goths
,
according
to
the
custom
of
other
Northern
People
,
used
not
written
Laws
,
but
their
Country
Customs
;
till
[
](A46988-e74490-b)(t)
(t)
Sub
Erudi●●
Rege
,
Gothi
Legum
instituta
scriptis
bahere
c●●perunt
;
nam
antea
m●ribus
&
consuetudine
tenebantur
.
Isidor
.
Chron.
Goth.
Aera
504.
Euridicus
,
Euric
or
Theodoric
(
for
by
those
Names
he
is
called
)
Anno
Dom.
466.
made
them
be
digested
into
writing
:
These
Levigild
(
Aera
608
)
amended
,
and
they
had
their
fullest
Vigor
from
the
Kings
Chindaswind
and
Recaswind
;
and
these
are
used
in
Spain
,
and
that
part
of
France
called
Gallia
Narbonensis
,
anciently
Braccata
,
containing
Savoy
,
Dauphin
,
Province
and
Languedoc
.
The
next
Laws
for
Antiquity
are
the
Burgundian
.
Gundebald
or
Gundebaud
,
The
Burgundian
Laws
.
who
was
made
tributary
to
Clouis
King
of
France
,
Anno
Dom.
501.
having
setled
Burgundy
under
his
Jurisdiction
,
did
appoint
(
saith
[
](A46988-e74720-b)(u)
(u)
Lib.
2.
c
33.
Gregory
Turonensis
)
milder
Laws
for
the
Burgundians
,
lest
he
might
oppress
the
Romans
:
and
Lindenbrogius
notes
,
That
his
Laws
agree
with
the
Responses
of
Papinian
;
though
[
](A46988-e74800-b)(w)
(w)
De
Impietate
Duellici
examinis
.
Agobard
,
in
his
Book
to
Lewis
the
Emperor
,
complains
of
the
unjustness
of
one
branch
of
them
,
in
admitting
Duel
,
when
Proof
might
otherwise
be
had
:
However
here
it
appears
they
were
made
by
his
Authority
.
The
next
are
the
Laws
of
the
Alemans
,
Baiuvarians
and
Francks
,
*
all
which
took
their
beginning
from
Theoderic
the
First
,
[
](A46988-e74890-b)(x)
(x)
Spehaan
's
Gloss
.
Lex
Baioriorum
.
Lex
Baiuvariorum
,
Baioriorum
,
Boiorum
,
containing
Franconia
,
now
Bavaria
and
Bohemia
,
according
to
some
.
Son
of
Clouis
the
First
,
who
founded
the
French
Kingdom
,
Anno
511.
having
triumphed
over
the
Almains
,
and
being
converted
to
Christianity
,
he
took
the
Name
of
Lewis
;
when
he
was
in
Catalonia
he
called
to
him
wise
Men
,
skilled
in
the
Ancient
Laws
of
his
Kingdom
;
and
he
himself
indicting
,
he
commanded
the
Laws
of
those
Nations
,
according
to
every
ones
Customs
,
to
be
written
;
adding
,
rescinding
and
changing
them
according
as
Christian
Religion
required
,
and
those
which
,
for
the
ancient
Pagan
Rites
,
he
could
not
alter
himself
,
Childebert
the
Second
begun
,
and
Clotharius
the
Second
perfected
,
and
Dagobert
the
great
made
them
better
,
and
to
every
Nation
concerned
in
them
,
Lex
Aalmannorum
.
he
gave
them
in
writing
.
As
to
that
part
which
is
called
the
Lex
Alamannorum
,
they
were
amended
by
Clotharius
the
Second
,
Son
of
Chilperic
,
and
his
Princes
,
viz.
Thirty
three
Bishops
,
Thirty
four
Dukes
,
Seventy
two
Earls
,
and
the
rest
of
the
People
,
as
appears
by
the
Title
;
so
that
this
,
by
an
Act
of
the
King
and
great
Council
,
and
the
former
by
the
Kings
themselves
,
are
recorded
to
be
appointed
or
made
.
Lex
Francorum
.
As
to
the
Law
of
the
Francs
(
not
the
Salic
Law
,
which
is
of
later
date
)
we
find
no
more
mention
of
them
after
they
were
digested
by
Theodoric
the
first
,
till
the
time
of
Charles
the
Great
;
who
and
his
Son
,
published
Laws
by
the
Name
of
Capitularies
,
which
Ann.
840.
were
writ
by
Ansegisus
Abbas
Lobiensis
,
and
Benedictus
Levita
;
so
that
here
is
no
mention
but
of
the
Kings
and
Emperors
sole
establishing
these
Laws
.
Lex
Longobardorum
.
The
Longobards
,
now
Lombards
,
in
Italy
were
a
Colony
of
the
Saxons
,
who
were
removed
into
Pannonia
or
Hungary
;
and
by
Narses
General
to
Justinian
;
about
the
year
550
,
were
called
into
Italy
to
assist
the
Emperor
against
Totila
King
of
the
Goths
;
whom
Narses
totally
routed
in
Italy
:
and
these
Longobards
[
](A46988-e75410-b)(y)
(y)
Warnefridus
Hist.
Longobard
.
lib.
4.
c.
44.
seated
themselves
there
,
and
established
a
Kingdom
,
and
Rotharis
their
King
reduced
the
Laws
which
they
held
only
by
Use
and
Memory
(
being
mostly
such
as
the
Saxons
had
used
)
into
writing
,
and
caused
the
Book
of
them
to●be
called
an
Edict
;
which
was
about
70
years
after
their
setling
in
Italy
;
the
succeeding
Princes
Grimoald
,
Luitprandus
,
Rachis
and
Aistulphus
,
and
after
Charles
the
Great
,
Latharius
and
Pipin
added
and
amended
them
.
Sir
Henry
Spelman
[
](A46988-e75540-b)(z)
(z)
Glosser
,
tit
.
LL.
Longobard
.
saith
,
that
betwixt
our
Laws
and
those
of
the
Longobards
,
there
is
a
great
Agreement
in
the
Laws
,
Rites
,
Words
,
and
other
Particulars
;
but
saith
,
our
Ancestors
brought
out
of
Germany
their
Customs
not
written
,
but
,
according
to
the
custom
of
the
Lacedaemonians
,
and
the
Ancient
Nations
of
the
North
,
retained
them
in
their
memories
only
.
In
the
Laws
of
Henry
the
First
,
Lex
Ripuariorum
.
we
find
the
Ripuarian
Laws
(
which
were
made
for
those
of
Luxenburg
,
Gelderland
and
Cleves
)
not
only
approved
,
but
some
of
them
are
word
for
word
in
his
Laws
,
as
Sir
Henry
Spelman
notes
.
As
to
the
Salic
Law
,
the
Francs
,
a
People
of
Germany
,
The
Salick
Law
.
passing
the
Rhine
,
subdued
a
great
part
of
Gaul
;
and
in
the
third
year
of
Pharamond
,
four
of
the
Nobles
of
the
Nation
reviewed
all
the
Originals
of
Causes
,
according
to
the
Salic
Law
:
There
are
two
Prologues
to
these
Laws
;
the
first
names
the
four
Noblemen
that
digested
them
;
the
second
saith
names
the
Anno
Dom.
798.
The
Lord
Charles
,
the
Noble
[
](A46988-e75780-b)(a)
(a)
Anno
Dom.
798.
Dom.
Carolus
Rex
Francorum
incli●●s
hunc
libellum
tractat●s
Legis
Salicae
seribere
ordinavit
.
King
of
the
Francs
,
ordained
the
writing
of
that
Book
of
the
Salic
Law
.
In
the
Laws
of
King
Henry
the
First
,
Sir
Henry
Spelman
notes
,
That
many
things
are
taken
out
of
the
Salic
Laws
,
as
he
instanceth
in
the
87
and
89
Chapters
,
where
the
Words
are
used
,
and
Punishments
are
appointed
secundum
Legem
Salicam
,
according
to
the
Salic
Law
.
I
shall
now
set
down
something
in
general
of
our
Country
Law
:
[
](A46988-e75890-b)(b)
(b)
Gl●sser
.
Lex
Anglorum
.
The
English
Saxon
Laws
from
Germany
.
Sir
Henry
Spelman
observes
,
That
the
Laws
of
the
English
in
Britain
,
seem
to
take
their
Original
from
the
German
Manners
or
Customs
,
but
he
knows
not
who
first
introduced
them
.
It
is
known
,
that
there
came
into
England
upon
the
Invitation
of
Vortigern
,
the
Jutes
or
Goths
,
Angela
is
a
Town
near
Flemshurg
,
a
City
of
Sleswick
;
perhaps
our
Flamburgh
in
York●●ire
had
its
Name
from
some
that
inhabited
that
City
.
the
Angli
or
English
,
and
the
Saxons
;
tho
all
here
obtained
the
Names
of
Saxons
.
The
Jutes
setled
in
Kent
,
and
the
Isle
of
Wight
:
The
Saxons
in
Essex
,
Middlesex
and
Sussex
,
and
so
on
the
Sea
Coast
to
Cornwall
,
and
were
called
the
West
Saxons
:
The
Angli
possessed
the
East
and
North
parts
,
which
were
called
Mercia
.
Those
of
Kent
had
their
Laws
,
The
tripartite
Division
of
the
Saxon
Laws
.
but
after
being
swallowed
up
in
the
West-Saxon
Kingdom
,
they
were
subject
to
their
Laws
;
The
Angli
used
the
Mercian
Laws
,
till
the
Danes
over-running
the
Provinces
of
East-England
,
and
of
the
North
Humbers
,
brought
in
their
Customs
,
not
differing
very
much
from
the
Laws
they
had
before
;
from
hence
sprung
the
threefold
Division
of
Laws
,
viz.
the
[
](A46988-e76310-b)(c)
(c)
West-Seaxna
Laga
,
Myrcna
Laga
,
Dene
Laga
.
West-Saxon
Laws
,
the
Mercian
Laws
,
and
the
Danish
Laws
.
The
first
Laws
we
have
an
account
of
,
were
made
by
Ethelbert
King
of
Kent
Anno
561.
and
the
next
by
Ina
King
of
the
West
-
Saxons
,
who
began
to
Reign
Anno
712.
and
the
next
by
Offa
King
of
the
Mercians
,
of
which
Laws
I
have
spoke
before
:
The
Danish
Laws
were
such
as
were
not
only
used
in
Denmark
,
but
in
Normandy
,
Danish
Laws
.
as
well
as
Norway
:
which
was
the
reason
why
William
the
Conquerour
understanding
that
the
Danish
Law
was
used
in
that
part
where
the
Danes
had
settled
themselves
,
he
preferred
them
before
other
Laws
;
because
his
Country
of
Normandy
was
sprung
from
the
Danes
,
and
Norwegians
:
and
it
was
with
much
difficulty
that
he
was
perswaded
against
imposing
them
upon
the
whole
Kingdom
;
saying
,
the
Danes
and
Norwegians
were
as
sworn
Brothers
with
the
Normans
.
These
Danes
entred
about
the
year
790.
and
were
at
last
overcome
by
King
Alfred
,
and
by
agreement
betwixt
him
and
Guthrun
King
of
the
Danes
(
who
governed
the
Kingdom
of
the
East
Angles
and
Northumbrians
,
)
Guthruns
People
enjoyed
the
Danish
Laws
,
which
differed
from
the
other
in
nothing
so
much
as
the
proportion
of
the
Mulcts
:
King
Edward
the
Elder
,
Aethelstan
,
Edmund
,
and
Edgar
made
Laws
;
but
from
the
time
of
Edgar
to
Edward
the
Confessour
,
the
Danes
having
the
principal
Command
,
the
Danish
Laws
mostly
prevailed
.
But
Edward
the
Confessour
,
of
these
three
Laws
,
composed
one
,
which
,
saith
the
Monk
of
[
](A46988-e76730-b)(d)
(d)
Lib.
1.
c.
50.
Edward
the
Confessor
's
Laws
composed
of
all
.
Chester
,
are
called
the
Common
Laws
,
and
to
his
Days
were
called
the
Laws
of
King
Edward
.
By
all
I
have
hitherto
noted
concerning
the
Laws
either
made
in
Germany
,
France
,
Lombardy
,
Burgundy
,
Bavaria
,
or
other
Countries
(
after
they
came
to
have
any
established
Government
of
their
own
)
or
in
England
during
the
Heptarchy
;
It
is
apparent
,
whoever
was
Soveraign
,
imposed
the
Laws
,
which
as
to
the
Saxons
in
the
next
Chapter
I
shall
make
particularly
appear
.
When
the
Roman
Imperial
Law
began
to
be
disused
.
That
the
Roman
Laws
begun
to
be
disused
as
soon
as
their
Empire
declined
and
was
broken
,
is
as
manifest
;
for
these
several
Nations
by
the
appointment
of
their
Soveraigns
had
their
unwritten
Customs
and
Laws
revised
,
and
according
to
the
suitableness
of
them
to
the
Government
of
their
People
,
had
them
writ
into
Books
,
and
enjoyned
them
to
be
observed
by
their
Subjects
.
To
make
it
evident
that
the
Imperial
Roman
Law
was
much
disused
after
Justinian's
time
,
(
upon
the
account
of
other
Soveraignties
being
established
,
which
acknowledged
not
that
dependence
upon
the
Empire
as
formerly
)
I
shall
offer
something
from
Mr.
[
](A46988-e76910-b)(e)
(e)
Notes
upon
Fortescue
,
p.
20.
Selden
(
who
,
if
any
other
,
is
to
be
credited
in
this
kind
of
reading
)
after
I
have
said
something
of
Justinian
.
The
Emperour
Justinian
[
](A46988-e76970-b)(f)
(f)
Proaem
.
de
Consirmatione
Institutionum
.
Of
Justinian
's
Laws
.
in
the
year
of
our
Lord
565
,
by
the
help
of
Tribonian
,
Master
,
and
Exquaestor
of
the
Sacred
Palace
,
and
Exconsul
,
and
of
Theophilus
and
Dorotheus
Illustrious
Men
,
of
whose
Skill
and
Knowledge
in
the
Laws
and
their
Fidelity
in
observing
his
Commands
,
the
Emperour
had
manifold
experience
of
:
Although
he
had
commanded
them
by
his
Authority
and
Perswasions
to
compose
those
Institutions
,
that
the
Subjects
might
not
learn
the
Law
from
[
](A46988-e77050-b)(g)
(g)
Non
ab
Antiquis
Fabulis
discere
,
sed
ab
Imperiali
splendore
appetere
.
Breviter
expositum
quod
antea
obtinebat
,
&
quod
postea
desuetudine
inumbratum
,
Imperiali
remedio
illuminatum
est
.
Legimus
&
recognovimus
,
&
plenissimum
nostrarum
constitutionum
robur
eis
accommodavimus
.
Ancient
Fables
,
but
from
the
Imperial
Splendor
,
as
he
calls
it
,
desire
them
:
and
after
fifty
Books
of
Digests
or
Pandects
,
and
four
Books
of
Institutions
were
made
,
in
which
were
expounded
whatever
before-time
was
used
,
and
what
by
disuse
was
obscured
,
by
the
Imperial
Remedy
was
Illuminated
;
and
he
had
accomodated
to
them
his
fullest
Authority
,
and
had
appointed
them
to
be
read
and
taught
at
Rome
,
Berytus
,
and
Constantinople
,
and
no
where
else
:
Yet
the
body
of
the
Civil
Law
was
so
neglected
,
that
till
Lothar
the
Second
,
about
the
year
1125.
took
Amalsi
,
and
there
found
an
old
Copy
of
the
Pandects
or
Digests
;
it
was
in
a
manner
wholly
disused
.
Under
that
Lothar
the
Civil
Law
began
to
be
profest
at
Bologna
,
and
one
Irner
or
Werner
made
the
first
Glosses
upon
it
,
about
the
beginning
of
Frederick
Barbarossas's
time
,
in
Anno
1150.
and
Bologna
was
by
Lothar
constituted
to
be
Legum
&
Juris
Schola
una
&
sola
.
[
](A46988-e77240-b)(h)
(h)
Sigon
.
de
Regno
Italiae
,
lib.
11.
&
7.
This
Book
Lothar
gave
to
the
Pisans
(
by
reason
whereof
,
saith
Mr.
Selden
,
it
is
called
Litera
Pisana
)
and
from
thence
it
is
now
removed
to
Florence
,
where
in
the
Dukes
Palace
it
is
never
brought
forth
but
with
Torch-light
,
and
other
Reverence
.
By
this
account
we
may
note
,
That
even
before
Justinian's
time
,
some
Laws
had
been
rather
by
old
Traditions
,
which
he
calls
old
Fables
,
than
by
certain
Authority
received
;
others
were
by
long
disuse
forgot
:
and
after
they
were
thus
established
by
Imperial
Authority
,
yet
the
succeeding
Barbarity
of
the
Ages
,
and
the
new
Kingdoms
erected
,
caused
other
Laws
to
obtain
Force
,
the
first
of
which
we
find
very
rude
.
All
the
first
Laws
,
we
read
of
in
any
Nation
,
seem
either
so
,
comparatively
to
the
refinedness
of
the
Laws
in
these
Ages
;
or
else
the
Digesters
and
Authorizers
of
them
complain
how
obscure
,
rude
,
or
indigested
those
were
,
out
of
which
they
extracted
theirs
.
The
great
Subversion
the
Saxons
made
by
their
Conquest
.
The
Saxons
made
so
great
and
universal
a
Subversion
in
the
State
,
that
scarce
any
City
,
Dwelling
,
River
,
Hill
or
Mountain
retained
its
former
Roman
or
British
name
;
so
that
we
have
less
reason
to
expect
any
satisfactory
account
either
of
British
History
,
Polity
,
or
Laws
,
when
we
only
know
where
they
had
Camps
,
Stations
,
or
Cities
,
Palaces
or
Fortifications
,
or
Temples
,
by
the
Coyns
,
Brick
,
tessellated
Pavements
,
Glass
,
Earthen
,
or
Jett
Fragments
of
Cups
,
and
other
Houshold-stuff
;
or
Urns
and
Sacrificing
Dishes
,
which
by
chance
have
been
found
in
the
Rubbish
of
many
Towns
that
have
been
certainly
fired
,
and
totally
demolished
;
which
sufficiently
dis●●ver
the
noble
Structures
and
rich
Furniture
the
Romens
and
Britans
had
before
the
Saxon
Invasions
:
Besides
which
,
we
may
consider
,
not
only
,
the
continual
Wars
and
Depredations
the
Saxons
made
one
upon
another
;
but
that
the
Daves
,
like
a
fatal
Hurricane
or
Whirlwind
,
tore
up
Root
and
Branch
,
every
where
overturning
,
ransacking
,
burning
,
and
destroying
all
that
they
could
not
peaceably
possess
.
Having
thus
far
treated
of
the
State
of
the
Britans
,
and
something
of
the
Laws
in
general
;
A
short
Glossary
of
the
Names
or
Titles
of
the
Constituent
Parts
of
Great
Councils
.
as
a
Praeliminary
to
the
better
understanding
,
who
are
meant
by
the
Persons
,
who
we
find
do
constitute
the
great
Councils
,
I
shall
out
of
Sir
Henry
Spelman
,
Somner
,
and
Doctor
Brady
,
give
a
very
short
Glossary
,
referring
the
curious
Reader
to
the
Books
themselves
.
The
most
common
Words
in
the
Saxon
Laws
that
are
used
,
besides
the
Bishops
,
The
Witan
or
Wites
.
Einhard
divides
the
Germans
into
four
sorts
of
Degrees
,
the
Noble
,
Free-men
,
those
made
free
,
and
Servants
:
his
words
are
,
Quatuor
differentiis
gens
illa
consisti●
,
Nobilium
s●ili●et
,
Liberorum
,
Libertorum
,
atque
Servorum
.
Adam
Brem
.
H●●t
.
Eccles.
c.
5.
to
express
the
Persons
by
,
(
whose
Council
and
Advice
the
Kings
used
in
the
making
Laws
)
are
the
Witan
,
Wites
:
From
Wita
,
which
Womner
renders
Optimas
,
Princeps
,
&
Sapiens
,
a
Nobleman
,
Prince
,
or
Wiseman
,
from
witan
to
know
and
understand
.
So
in
the
Laws
of
King
Ina
we
read
Gethungenes
Witan
,
a
famous
,
noble
,
or
renowned
Wite
;
from
Gethungen
.
So
in
the
version
of
Bede
by
King
Alfred
,
Witum
is
rendred
Counsellors
;
so
by
Sapientes
(
when
we
meet
with
it
in
any
Authors
that
render
Witan
by
it
,
)
we
are
to
understand
not
only
Judges
,
but
sometimes
Dukes
,
Earls
,
Prapositi
Provosts
,
Thegns
,
the
King's
Officers
or
Ministers
:
So
in
the
Charter
[
](A46988-e77720-b)(i)
(i)
Histor.
&
Privileg
.
Eccl.
Eliensis
,
fol.
117.
b.
of
King
Edgar
to
the
Church
of
Ely
,
Anno
970.
Alferre
,
Egelwinc
,
and
Brithnoth
are
called
Dukes
,
and
Hringulph
,
Thurferth
,
and
Alfric
,
are
called
Ministri
:
The
first
of
which
in
another
Charter
,
is
called
Alderman
,
and
the
other
by
the
name
of
Sapientes
.
Upon
perusal
and
collating
several
Transcripts
of
Deeds
and
Councils
,
I
am
of
opinion
,
that
where
Wites
or
Sapientes
are
used
for
Princes
,
Noblemen
,
and
great
Personages
,
those
are
to
be
understood
that
were
called
to
the
Kings
Council
,
had
command
over
Countries
,
as
Lord
Lieutenants
,
or
were
Members
of
the
great
Councils
:
So
that
they
were
of
the
most
wise
and
knowing
of
the
great
Princes
,
Dukes
,
Earls
and
Barons
;
and
where
it
doth
not
seem
to
import
such
great
Men
of
Birth
,
then
it
signifies
Judges
.
Which
as
to
the
first
,
seems
to
be
clear
,
by
what
is
said
in
the
Auctuary
[
](A46988-e77860-b)(k)
(k)
Lamb.
fol.
147.
tit
.
de
Heretochiis
.
Qui
Heretoches
●pud
Anglo●vo●abantur
,
se
.
Barones
,
Nobiles
&
insignes
sapientes
,
vocati
ductores
excercituum
,
&c.
to
the
35
Law
of
Edward
the
Confessor
,
where
it
is
said
,
There
were
other
Powers
and
Dignities
appointed
,
through
the
Provinces
,
and
all
the
Countries
,
and
several
Shires
,
which
are
called
by
the
English
,
Heretoches
(
in
King
Ina's
Laws
,
Here
Thegne
i.
e.
Noble
Ministers
or
Officers
)
and
when
he
reckons
up
those
who
were
to
be
understood
by
this
name
Heretoges
,
he
calls
them
Barons
,
Nobles
,
and
famous
Wisemen
called
Generals
,
or
great
Officers
in
the
Army
;
and
as
to
the
latter
Signification
,
Doctor
Brady
hath
sufficiently
cleared
it
in
Adelnoth's
Plea
against
the
Monks
of
Malmsbury
,
where
it
is
said
,
that
in
the
Presence
of
the
King
,
subtili
disceptatione
a
Sapientibus
suis
,
i.
e.
Regis
,
audita
,
where
by
Sapientes
must
be
understood
the
King's
Judges
.
Alderman
.
Alderman
or
Ealderman
,
was
both
a
general
Name
[
](A46988-e78030-b)(l)
(l)
Spelman
's
Glossary
.
given
to
Princes
,
Dukes
,
Governours
of
Provinces
,
Presidents
,
Senators
,
and
even
to
Vice-Roys
,
as
also
to
particular
Officers
:
hence
Aldermannus
totius
Angliae
,
like
my
Lord
Chief-Justice
;
Aldermannus
Regis
,
Comitatus
,
Civitatis
,
Burgi
,
Castelli
,
Hundredi
,
&c.
of
whose
Offices
it
is
not
easy
particularly
to
define
.
This
being
so
copiously
discoursed
of
by
Sir
Henry
Spelman
,
I
shall
refer
the
Reader
to
him
.
The
word
Thane
or
Thegen
was
used
by
the
Saxons
in
their
Books
variously
,
sometimes
it
signified
a
stout
Man
,
Thane
.
Soldier
or
Knight
;
other
times
Thanus
[
](A46988-e78140-b)(m)
(m)
Cyninges
Thegen
.
Med
mera
Thegen
.
Woruld
Thegen
.
Maesse
Thegen
.
Somner
.
Dial.
Regius
signified
the
Kings
great
Officer
,
a
Nobleman
or
Peer
of
the
Realm
;
other
times
a
Thane
or
Nobleman
of
lower
degree
;
sometimes
we
meet
with
secular
or
Lay
Thanes
,
other
times
Spiritual
Thanes
or
Priests
.
Some
Thanes
were
as
the
King's
Bailiffs
,
Praefects
,
Reeves
,
of
which
Doctor
Brady
gives
account
in
his
Argum.
Antinorm
.
Page
283.
In
several
of
the
Councils
we
find
no
particular
orders
denominated
,
but
only
a
division
of
the
whole
into
the
Clergy
,
Clergy
and
Laity
.
and
Laity
.
So
in
the
Council
that
Sir
H.
Spelman
[
](A46988-e78260-b)(n)
(n)
Spelm.
1.
Tom.
Concil.
tells
us
,
Ethelbert
King
of
Kent
,
held
685.
with
Bertha
his
Queen
,
and
Eadbald
his
Son
,
and
the
Reverend
Bishop
Austine
,
Communi
concilio
tam
Cleri
quam
Populi
.
and
the
rest
of
the
Optimates
Terrae
at
Christmass
,
having
called
a
Common-Council
of
the
Clergy
and
People
:
by
which
it
is
apparent
that
both
the
Clergy
(o)
and
Laity
there
understood
,
are
comprehended
under
the
name
Optimates
Terrae
,
the
Nobility
of
Land
.
So
in
King
Ina's
Laws
(
as
I
shall
hereafter
particularize
,
)
the
command
is
given
to
Godes
Theowas
,
Gods
Servant
,
and
eales
folces
,
all
People
.
So
King
Edmund
held
a
great
Council
at
Easter
in
London
,
of
Gods
[
](A46988-e78450-b)(p)
(p)
Egther
ge
godcundra
hada
,
ge
woruld
cundra
.
Order
,
and
the
Secular
Order
,
or
Worlds
Order
,
which
Brompton
[
](A46988-e78470-b)(q)
(q)
Mandavit
omnibus
Majoribus
Regnorum
,
&
veniunt
Wintoniam
Clerus
,
&
Populus
.
renders
Laici
,
in
another
part
of
King
Edward's
Laws
.
So
the
Majores
Regnorum
of
King
Edgar
are
commanded
to
come
,
and
then
it
is
said
,
There
came
to
Winchester
the
Clergy
and
People
:
those
were
the
Majores
Regnorum
.
The
like
was
frequently
used
after
the
Conquest
;
so
at
the
Coronation
of
Henry
the
First
,
Matthew
Paris
speaks
of
the
gathering
of
the
Clergy
and
all
the
People
,
and
then
saith
,
Clero
Angliae
&
Populo
universo
.
The
Clergy
answering
him
,
and
all
the
Magnates
;
and
in
another
place
,
Clero
&
Populo
favente
,
the
Clergy
and
People
favouring
.
Further
we
find
in
a
great
Council
,
held
by
the
King
Anno
1102.
2
H.
2.
[
](A46988-e78620-b)(r)
(r)
Omnes
Principes
Regni
sui
Ecclesiastici
&
secularis
ordinis
.
Flo.
Wigor
.
fol.
651.
lin.
21.
all
the
chief
Men
of
his
Kingdom
,
of
the
Ecclesiastic
and
secular
Order
.
So
that
Plebs
,
Populus
,
Vulgus
&
Incola
,
where
by
way
of
Antithesis
or
contra-Opposition
they
are
used
,
do
signify
the
Clergy
and
Laity
,
or
Lay-Princes
,
not
the
common
People
.
After
the
Conquest
,
we
meet
with
the
Word
Regnum
sometimes
,
and
other
times
Regnum
&
Sacerdotium
.
As
to
the
first
,
the
Sence
is
to
be
understood
best
in
the
Quadripartite
History
[
](A46988-e78690-b)(s)
(s)
Quadrilog
.
lib.
1.
c.
26.
of
the
Life
of
Thomas
Becket
,
where
it
is
said
,
the
King
called
to
Clarendon
,
Regnum
universum
,
all
the
Kingdom
;
and
then
saith
,
To
whom
came
the
dignified
Clergy
and
the
Nobles
:
which
Matt.
Paris
puts
out
of
all
doubt
by
the
enumeration
that
he
makes
of
all
that
appertained
to
the
Kingdom
,
to
be
the
Arch-Bishops
,
Bishops
,
Abbats
,
and
Priors
Installed
,
and
the
Earls
and
Barons
.
So
the
meaning
is
best
understood
of
the
words
in
the
last
Chapter
of
Magna
Charta
,
that
the
Arch-Bishops
,
Bishops
,
Abbats
,
Priors
,
Earls
,
Barons
,
Knights
,
and
free
Tenents
,
and
all
of
the
Kingdom
gave
a
fifteenth
part
of
their
Moveables
:
and
in
other
places
,
after
the
Barons
,
it
is
said
,
Omnes
alii
de
Regno
nostro
qui
de
nobis
tenent
in
Capite
,
concerning
which
the
most
Learned
Doctor
Brady
hath
given
plentiful
Proofs
.
Magnates
&
Proceres
.
By
the
words
Magnates
&
Proceres
(
frequently
found
in
the
Councils
after
the
Conquest
)
are
to
be
understood
the
Arch-Bishops
,
Bishops
,
Abbats
,
and
Priors
for
the
Clergy
;
and
the
Earls
and
Barons
for
the
Laity
only
;
unless
afterwards
that
Dukes
were
included
.
However
they
were
used
always
to
contra-distinguish
that
order
from
the
Inferior
Tenents
in
Capite
.
The
Fideles
&
Liberi
homines
,
Fideles
&
Liberi
homines
.
are
to
be
understood
to
signify
those
which
were
the
King's
Tenents
in
Capite
.
So
we
find
it
in
a
Precept
of
H.
3.
Rex
omnibus
[
](A46988-e78880-b)(t)
(t)
Cl.
42
H.
3.
m.
10.
in
dorso
.
So
Nithard
,
lib.
4.
speaking
of
his
own
time
,
divides
the
Germans
into
Ethelings
,
i.
e.
Nobles
;
Frilings
,
Free-men
;
and
Lazzos
,
Servants
or
Slaves
.
Thence
our
Lazie
Fellow
,
which
we
now
understand
Idle
.
Comitibus
,
Baronibus
,
Militibus
&
aliis
Fidelibus
suis
:
And
when
we
meet
in
any
Charter
or
History
with
Fideles
or
Liberi
homines
,
the
meaning
will
be
best
known
from
the
subject
Matter
where
they
are
used
,
and
the
words
with
which
they
are
joyned
in
Construction
,
as
Doctor
Brady
observes
.
We
meet
with
Liberi
homines
frequently
in
the
Laws
of
the
Conqueror
,
as
Liberi
homines
totius
Monarchiae
Regni
nostri
—
ut
nihil
ab
iis
capiatur
nisi
servitium
suum
Liberum
,
and
in
another
,
Vt
omnes
Liberi
homines
totius
Regni
sint
fratres
conjurati
ad
Monarchiam
nostram
defendendam
;
that
all
the
Freemen
of
the
Kingdom
be
sworn
Brethren
,
to
defend
our
Monarchy
:
and
these
were
to
be
ready
with
Horse
and
Arms
to
do
the
King
Service
according
to
what
they
ought
by
their
Fees
.
And
this
was
called
free
Service
in
respect
of
other
base
Services
;
for
they
were
the
Tenents
in
Capite
,
who
were
the
freest
of
any
other
Subjects
,
though
that
Tenure
was
at
last
most
cryed
out
against
.
By
the
Communitas
Regni
,
Communitas
Regni
.
Vniversitas
Regni
or
totae
Terrae
,
or
Regni
totius
Communitas
,
Communitas
Regni
.
anciently
were
only
understood
the
Barons
,
and
Tenents
in
Capite
,
or
Military
Men
,
though
now
it
is
taken
for
the
ordinary
People
and
Freeholders
,
or
at
best
for
Knights
and
Gentlemen
under
the
degree
of
Barons
:
So
besides
other
pregnant
proofs
brought
by
Doctor
Brady
,
that
one
Record
of
the
30
of
E.
1.
is
sufficient
to
clear
it
;
where
the
King
saith
,
That
the
Prelates
,
Earls
,
Barons
,
and
the
other
Magnates
for
[
](A46988-e79200-b)(u)
(u)
Pro
se
&
tota
Communitate
ejusdem
Regni
.
themselves
,
and
the
whole
Community
of
the
same
Kingdom
,
gave
Forty
Shillings
of
every
Knights
Fee
;
so
that
it
is
clear
,
that
the
tota
Communitas
Regni
were
such
as
pay'd
Scutage
,
that
is
,
Forty
Shillings
for
a
Knights
Fee
,
and
no
others
.
Of
these
the
Tenents
in
Capite
granted
and
payed
it
first
for
themselves
and
Tenents
,
and
then
their
Tenents
in
Military
Service
,
by
Vertue
of
the
Kings
Precept
,
payed
it
to
them
,
for
so
many
Fees
as
they
held
of
them
.
As
to
the
probi
&
legales
Milites
,
probi
&
legales
Homines
;
Probi
&
legales
homines
.
the
words
did
not
signifie
an
honest
,
though
inconsiderable
Countryman
;
but
the
probi
Homines
were
famous
,
stout
noted
Men
of
Renown
,
of
great
Report
and
Integrity
.
They
were
the
best
,
chief
,
most
knowing
,
and
of
the
greatest
Integrity
of
those
Orders
and
Degrees
of
Men
,
the
word
was
applied
to
.
In
a
Precept
7
H
3.
Scire
facient
12
tam
[
](A46988-e79300-b)(w)
(w)
Cl.
7
H.
3.
m.
14.
dorso
.
Milites
,
quam
alios
liberos
&
legales
Homines
;
So
that
these
were
Tenents
in
Military
Service
,
otherwise
what
needed
the
words
to
run
,
Twelve
as
well
Knights
as
other
Free
and
Legal
Men.
Therefore
in
the
Writs
for
Elections
of
Knights
for
Counties
,
the
Persons
to
be
chosen
,
are
two
de
discretioribus
&
legalioribus
Militibus
,
that
is
,
the
most
discreet
,
just
,
knowing
and
resolute
Men
in
the
Country
,
who
(
as
the
Law
,
by
constant
usage
,
then
required
)
served
on
Inquests
and
Juries
:
And
the
Writ
for
Citizens
and
Burgesses
,
was
de
discretioribus
,
legalioribus
&
probioribus
.
Whoever
desires
further
Satisfaction
,
may
find
it
in
Doctor
Brady's
Introduction
to
the
English
History
,
and
his
Glossary
.
I
now
come
to
give
an
account
seriatim
,
from
all
the
Great
Councils
before
the
Conqueror
and
after
,
to
the
49
of
H.
3.
who
were
the
Members
of
them
;
and
what
Concurrence
in
Law-making
,
those
Members
had
with
the
Sovereign
;
and
after
the
Representatives
of
the
People
were
brought
in
,
what
alteration
it
produced
.
CHAP.
XXIV
.
Of
the
Saxon
Great
Councils
,
of
whom
they
consisted
,
and
how
,
during
their
Government
,
the
Laws
were
established
by
the
respective
Kings
.
AeThelbert
King
of
Kent
(
who
died
24
Feb.
[
](A46988-e79520-b)(a)
(a)
Ann.
Christi
613.
Of
King
Aethelbert's
Laws
.
Twenty
one
years
after
Augustine
the
English
Apostle
was
sent
to
preach
the
Gospel
to
the
English
)
is
said
by
venerable
[
](A46988-e79580-b)(b)
(b)
Eccl.
Hist
,
lib.
2.
c.
5.
Tha
othre
god
the
He
his
Leodum
thurh
getheaht
gefremede
,
ea●
sivylcere
rightra
doma
gesetnesse
,
mid
snotera
getheabte
geset●e
after
Romana
bysena
,
&
that
het
on
Englis●
awritan
,
tha
nu
oth
this
gehaldene
synd
.
Bede
,
among
other
good
things
which
he
did
for
this
Nation
or
People
throughout
,
of
his
counsel
or
purpose
,
to
have
framed
,
setled
or
established
,
Right
Judgment
or
Decrees
with
the
Council
of
his
Wise
Men
,
after
the
Roman
Example
,
and
writ
them
in
the
English
Tongue
,
which
were
holden
of
his
Nation
since
;
which
in
the
Original
of
Bede
is
thus
expressed
:
Qui
inter
caetera
bona
quae
genti
suae
consulendo
conferebat
,
etiam
decreta
illa
Judiciorum
,
juxta
exempla
Romanorum
cum
consilio
sapientum
constituit
;
quae
conscripta
Anglorum
sermone
habentur
&
observantur
in
eâ
,
and
by
K.
Alfred
,
are
turned
into
the
Saxon
Language
,
as
in
the
Margent
:
In
which
we
may
observe
,
That
it
was
the
King
that
gefremede
framed
or
established
gesette
,
with
the
Council
of
his
wise
Men
;
which
word
Council
,
discovers
where
the
Sovereignty
lodged
;
and
the
words
,
By
the
Example
of
the
Romans
,
do
not
so
much
imply
that
they
were
according
to
the
Caesarean
Law
,
but
that
they
might
be
according
,
or
consentaneous
to
the
Ecclesiastical
Laws
of
Rome
,
or
at
least
may
comprehend
both
.
The
[
](A46988-e79750-b)(d)
(d)
Dugdale
Orig.
Jurid
.
c.
4.
Textus
Roffensis
mentions
Laws
made
by
Hlothere
,
Eadric
and
Withred
,
all
Kings
of
Kent
,
which
were
recorded
by
Ernulph
the
Bishop
of
that
place
,
about
Anno
760.
but
I
have
not
seen
the
Manuscript
,
and
so
can
give
no
account
how
the
Legislative
is
declared
.
The
next
Laws
we
find
,
are
those
of
Ina
King
of
the
West
Saxons
,
King
In●'s
Laws
.
Lambard's
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Editionis
Wheeloch
,
p.
1.
who
according
to
the
Saxon
Chronology
lived
Anno
681.
and
according
to
Lambard
,
begun
his
Reign
Anno
712.
and
ended
727.
In
the
Preface
to
his
Laws
we
find
it
expressed
,
as
in
the
Margent
,
which
I
render
thus
in
English
,
[
](A46988-e79960-b)(e)
(e)
I●
Ine
mid
Godes
gyfe
West
Seaxna
Cyning
,
mid
getheaht
&
mid
Laere
,
Cenredes
mines
Faeder
,
&
Heddes
mines
Bisceopes
,
&
Ercenwoldes
mines
Bisceopes
,
&
mid
eallum
minum
Eal●ormanum
,
&
tham
Yldes●an
Witan
minre
theode
&
eac
mycelre
.
I
Ine
,
by
or
with
Gods
gift
,
King
of
the
West
Saxons
,
with
the
persuasion
suasu
(
as
Lambard
renders
the
word
Laere
,
but
more
properly
as
Somner
renders
it
)
with
the
Advice
,
Counsel
,
Instruction
or
Exhortation
(
as
our
modern
word
Lore
imports
)
of
Cenred
my
Father
,
and
Heddes
my
Bishop
,
and
Ercenwold
my
Bishop
;
and
with
all
my
Aldermen
(
i.
e.
Princes
,
Dukes
,
Earls
,
Viceroys
,
Military
Officers
,
Senators
or
Ministers
of
State
,
as
the
word
then
signified
)
those
old
Wites
(
i.
e.
principal
or
chief
Noble
Men
,
Chieftains
,
Governours
or
Wisemen
)
of
my
Kingdom
,
do
command
,
and
likewise
with
mycelre
somnug
Godes
Theowena
,
The
great
Assembly
,
Congregation
or
Synagogue
of
Gods
Servants
,
i.e.
the
Clergy
,
[
](A46988-e80120-b)(f)
(f)
Waes
〈◊〉
thaere
hae
le
〈…〉
&
be
th●m
st●●h●le
ures
rices
.
meditating
or
studying
the
Health
of
our
Souls
,
and
upon
the
Estate
or
establishing
of
our
Kingdom
.
That
ryht
AE
,
[
](A46988-e80150-b)(g)
(g)
Not
Aew
,
Nupti●e
〈…〉
observes
,
and
appears
in
the
〈…〉
.
Gefas●ined●
.
and
ryhte
cynedomas
thurh
ure
Folc
Gefaestenode
&
getrymmed
waeron
,
That
right
Laws
and
right
or
just
Judgment
,
or
Dooms
of
the
King
(
or
Office
and
Dignity
of
Magistrates
,
and
Somner
)
be
fastned
or
established
,
and
trimmed
,
perfected
or
accomplished
:
That
no
Alderman
,
or
under
our
Jurisdiction
(
or
as
probably
the
Compound
word
may
be
rendred
,
any
Prince
under
us
;
Theoden
signifying
a
Lord
,
Prince
or
Ruler
;
or
as
in
the
Saxon
Chronology
a
King
)
after
them
,
shall
turn
from
,
break
,
corrupt
or
change
,
Awendan
.
these
ure
domas
,
these
our
Decrees
,
Sentences
or
Ordinances
.
Then
in
the
First
Chapter
it
follows
,
We
beodaeth
,
that
ealles
Folces
AE
&
domas
thus
synd
gehealden
,
We
bid
or
command
,
that
all
our
People
,
shall
after
hold
fast
,
or
observe
these
Laws
and
Dooms
.
From
this
Preface
the
candid
Reader
may
observe
,
First
,
Observations
on
this
Preface
.
That
Kings
are
the
gift
of
God
,
and
that
Godes
Gyffe
signifies
the
same
with
Dei
Gratia
,
they
are
not
the
Creature
of
the
People
.
Secondly
,
That
Princes
,
for
the
better
Government
of
their
People
,
in
the
setling
of
Laws
in
Church
and
State
,
consult
,
deliberate
and
advise
with
their
Bishops
,
Noblemen
,
and
eminently
Wise
men
of
their
Kingdoms
,
whom
for
their
Wisdom
,
they
honour
with
public
Imployments
in
their
Dominions
.
Thirdly
,
That
after
such
Consultation
,
Deliberation
and
Advice
,
the
Sovereign
establisheth●
and
instituteth
the
Laws
.
And
Lastly
,
That
such
Laws
are
not
to
be
broken
or
infringed
by
the
Judges
or
supremest
Officers
under
the
King
,
much
less
by
the
Subjects
.
The
next
[
](A46988-e80350-b)(h)
(h)
Spelman
.
C●ncil
.
vol.
1.
p.
313.
Other
Great
Councils
in
the
Saxon
times
of
Offa.
Council
I
find
is
that
of
Colchyth
in
the
Kingdom
of
Mercia
,
Anno
793.
wherein
are
said
to
be
Nine
Kings
present
,
viz.
Offa
,
and
Egferd
his
Son
,
and
seven
more
numbred
by
Sir
Henry
Spelman
,
Fifteen
Bishops
and
Twenty
Dukes
;
and
so
in
another
at
[
](A46988-e80450-b)(i)
(i)
Id.
p.
314.
Verulam
,
it
is
said
to
be
under
Offa
,
who
called
together
his
Bishops
and
Optimates
;
but
these
are
only
about
Religious
matters
.
So
[
](A46988-e80510-b)(k)
(k)
Id.
p.
3●0
.
Ad
A●●um
8●●
.
Kenulph
.
Kenulph
King
of
Mercia
,
writing
to
Pope
Leo
the
III.
begins
,
Kenulphus
Gratia
Dei
Rex
Merciorum
cum
Episcopis
,
Ducibus
&
omni
sub
nostra
ditione
dignitatis
gradu
.
So
at
the
Synod
at
[
](A46988-e80590-b)(l)
(l)
Idem
,
f●●
.
328.
Colichyth
,
6
Kal.
Aug.
Ann.
Dom.
8●6
.
Wulfred
the
Archbishop
being
Praesident
,
it
is
expressed
that
Caenulf
the
King
of
the
Mercians
was
present
,
cum
suis
Principibus
,
Ducibus
&
Optimatibus
.
So
we
find
a
Synodal
Council
at
Clovesho
,
[
](A46988-e80690-b)(m)
(m)
I●em
,
fol.
●32
.
〈…〉
rum
.
praesidente
Beorn●lpho
Rege
Merciorum
,
and
Wulfrid
the
Archbishop
,
the
other
Bishops
,
Abbats
,
and
the
Nobility
of
all
Dignities
,
treating
concerning
the
profit
of
Ecclesiastical
and
Secular
Persons
,
and
the
stability
of
the
Kingdom
.
That
which
I
shall
note
from
these
is
this
,
That
in
these
Synodal
Councils
,
sometimes
it
is
said
the
King
praesided
,
other
times
the
Archbishop
;
but
mostly
all
the
Persons
that
constitute
such
Councils
are
,
the
King
,
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
and
the
Optimates
.
The
next
Council
I
find
is
called
[
](A46988-e80760-b)(n)
(n)
Idem
,
pag.
336.
Anno
833.
Withlasius
.
Concilium
Pananglicum
held
at
London
,
26
May
Anno
833.
wherein
Withlasius
King
of
the
Mercians
,
gives
several
immunities
to
the
Abby
of
Croyland
,
and
more
than
once
he
saith
,
volo
&
praecipio
,
and
this
he
saith
he
doth
in
the
[
](A46988-e80860-b)(o)
(o)
In
praesentia
Dominorum
meorum
Egberti
Regis
West-Saxoniae
,
&
Aethelwulphi
filii
ejus
coram
Pontificibus
,
&
Proceribus
.
presence
of
his
Lords
,
Egbert
King
of
the
West
Saxons
,
and
Aethelwulph
his
Son
;
and
before
the
Bishops
and
the
greater
Noblemen
of
all
England
in
the
City
of
[
](A46988-e80910-b)(p)
(p)
Majoribus
totius
Angliae
in
Civitate
Londonia
,
ubi
omnes
congregati
sumus
pro
consilio
capiendo
contra
Danicos
Piratas
litora
Angliae
assidus
infesta●tes
.
London
,
where
they
were
all
gathered
to
take
Counsel
against
the
Danish
Pirates
,
daily
infesting
the
Coast
of
England
.
Therefore
Sir
Henry
Spelman
judgeth
this
Council
properly
to
be
called
for
secular
Affairs
,
and
to
be
such
as
we
now
call
our
Parliaments
:
The
Witnesses
to
it
are
the
said
Withlase
the
Archbishop
of
Canterbury
,
Celnoth
,
and
Eadbald
Archbishop
of
York
;
and
after
nine
more
Bishops
and
three
Abbats
,
Egbert
and
his
Son
Adelwulph
sign
;
and
after
them
Wulhard
,
Athelm
and
Herenbrith
Dukes
,
Swithin
the
Kings
Presbyter
,
and
Bosa
his
Secretary
.
But
I
shall
leave
these
and
come
to
more
direct
secular
great
Councils
,
The
Laws
of
King
Alfred
.
Regnare
-
-
coepit
871.
-
desiit
900.
as
that
of
King
Alfred
;
who
in
the
first
part
of
his
Laws
recites
the
Commandments
and
Laws
by
Gods
appointment
delivered
by
Moses
to
the
Children
of
Israel
,
to
be
observed
;
and
some
of
the
New
Testament
,
and
from
that
of
our
Saviour
,
quod
vobis
fieri
non
velitis
,
id
aliis
non
faciatis
,
concludes
that
J●Plgment
of
Right
ought
to
be
given
to
every
one
,
and
that
on
[
](A46988-e81210-b)(q)
(q)
On
thissum
anum
Dome
,
mon
maege
gethencean
,
that
he
aeghwel●re
on
riht
gedemeth
.
LL.
Alured
,
p.
21.
this
one
Sentence
,
That
Man
must
bethink
him
much
,
that
judgeth
Right
to
every
one
:
and
he
adds
,
That
after
the
propagating
of
the
Gospel
in
England
,
as
well
as
in
other
places
,
were
gathered
(
for
making
of
Laws
,
both
for
Church
and
State
,
it
is
to
be
supposed
he
means
)
Holy
[
](A46988-e81240-b)(r)
(r)
Haligra
Bisceopa
&
eac
othera
gethungenra
Witena
.
Ibid.
Bishops
and
other
famous
wise
Men
or
Wites
.
Then
in
the
Conclusion
of
the
Laws
about
Religion
,
and
Prefatory
to
the
secular
Laws
,
he
saith
,
I
Alfred
King
have
gathered
[
](A46988-e81290-b)(s)
(s)
Thaes
togaeder
gegaderod
&
awritan
het
.
these
(
Sanctions
)
together
,
and
caused
them
to
be
written
,
many
of
them
being
observed
by
his
Ancestors
:
Those
that
he
liked
[
](A46988-e81310-b)(t)
(t)
Tha
the
me
ne
licodon
Ic
awearp
mid
minra
witena
getheat
,
&
on
othre
wifan
behead
to
heoldanne
.
Ib.
p.
22.
not
,
with
the
Council
of
his
Wites
,
he
rejected
;
and
those
he
liked
,
he
bid
or
commanded
to
be
holden
;
and
concludes
,
Ic
that
Aelfred
West-Seaxna
Cyning
,
eallum
minum
Witun
thaes
geeowde
,
&
hi
tha
cwaethon
that
him
that
licode
eallum
to
healdenne
;
which
thus
I
render
:
I
Aelfred
King
of
the
West-Saxons
,
showed
these
to
all
my
Wites
,
i.e.
Nobility
or
wise
Men
;
and
they
said
they
liked
them
to
be
holden
.
In
this
we
may
observe
,
That
the
King
speaks
in
the
single
Person
,
Observations
on
these
Laws
.
that
he
collected
,
chose
and
rejected
,
and
(
as
in
the
same
place
he
adds
)
since
it
would
be
rashness
to
appoint
all
his
own
Laws
,
it
being
uncertain
what
credit
those
might
find
with
Posterity
,
which
he
liked
:
Therefore
whatever
in
the
Laws
of
Ines
his
Maeges
i.e.
Kinsman
,
or
of
Offa
King
of
the
Mercians
;
or
of
Aethelbyrhtes
,
who
was
the
[
](A46988-e81450-b)(u)
(u)
The
aerest
fulwil●●
underfeng
on
Angel
cynne
.
Ibid.
first
King
of
the
English
that
was
baptised
:
Those
that
he
[
](A46988-e81480-b)(w)
(w)
Tha
the
me
rihtost
thuhton
,
Ic
that
her
on
gegaderod
.
thought
righteous
,
he
those
here
gathered
,
and
the
other
he
rejected
,
passed
by
,
or
pretermitted
,
forlaete
.
It
may
be
also
noted
,
That
he
calls
the
Noblemen
,
whose
Advice
and
Assent
he
used
,
his
Wites
,
minum
Witum
.
The
next
material
Illustration
of
the
Constituent
Parts
of
the
Legislative
Power
,
is
found
in
the
[
](A46988-e81520-b)(x)
(x)
Idem
,
p.
36.
League
betwixt
Alfrid
and
Guthrun
,
King
of
the
Danes
;
which
,
though
not
properly
a
great
Council
,
yet
at
least
much
resembled
it
;
since
it
saith
,
This
is
the
League
of
Peace
which
Aelfred
and
Guthrun
Kings
,
and
all
the
English
Wites
,
and
also
those
which
inhabited
East
England
,
have
declared
or
[
](A46988-e81610-b)(y)
(y)
Ge●weden
habbath
&
mid
Athum
gefaestnod
.
p.
36.
established
,
and
with
Oath
fastned
or
confirmed
;
For
hi
sylfe
&
for
heora
gingran
,
for
themselves
and
for
their
Off-spring
;
ge
for
geborene
,
ge
for
ungeborene
,
born
and
unborn
,
that
care
(
saith
he
)
for
Gods
Mercy
or
ours
.
The
Godes
miltse
recce
,
oth-the
ure
.
In
this
it
is
to
be
noted
,
Observations
on
this
League
.
That
Alfred
having
so
beat
the
Danes
,
that
they
gave
him
Hostages
,
either
to
go
out
of
the
Kingdom
,
[
](A46988-e81700-b)(z)
(z)
Jo.
Pi●us
qui
vixit
temp.
H.
1.
or
turn
Christian
:
This
Guthrun
(
otherwise
Gurmund
)
with
Thirty
of
his
Nobles
,
and
almost
all
of
his
People
were
baptized
;
and
Alfred
received
him
at
the
Font
as
his
Son
,
and
called
him
Ethelstan
:
Also
the
Subjects
of
Guthrun
are
called
the
East-English
Nation
,
and
the
Nobility
are
called
the
Wites
of
the
English
King
,
Angel
cynnes
witan
:
And
Lastly
,
that
the
Oath
or
firm
Contract
was
Obligatory
to
the
present
Age
,
and
to
Posterity
;
if
they
expected
the
Mercy
or
Compassion
of
God
or
the
King
;
by
which
we
may
judge
what
value
they
had
then
for
an
Oath
;
so
that
this
might
be
in
the
nature
of
a
great
Council
of
the
King
and
the
Wites
,
convened
for
the
surer
Stability
of
this
Peace
,
to
take
the
Oath
.
In
the
Laws
of
King
Edward
the
Elder
,
The
Laws
of
Edward
the
Elder
.
Regn.
-
-
coepit
900.
-
desiit
924.
after
the
Charge
given
to
the
Judges
;
the
first
Law
begins
,
Ic
wille
,
I
will
,
and
so
in
others
;
in
the
fourth
it
is
thus
expressed
,
That
Eadweard
the
King
,
with
his
Wites
[
](A46988-e81980-b)(a)
(a)
Myd
his
witan
tha
hi
Eaxanceastre
waron
.
Id.
p.
39.
that
were
at
Exeter
,
strictly
enquiring
,
by
what
means
it
might
be
better
provided
for
Peace
and
Tranquillity
,
which
he
perceived
was
less
studiously
preserved
than
it
ought
to
be
,
or
it
should
,
which
he
had
before
commanded
,
That
no
Man
[
](A46988-e82010-b)(b)
(b)
That
he
aer
beboden
haefde
.
That
nan
mon
othrum
rihtes
ne
wyrne
;
as
Lambard
translates
it
,
ne
quent
injuria
affi●iant
.
deny
,
stop
or
hinder
others
Rights
.
In
the
Second
and
Third
Chapter
it
is
eac
we
cwaedon
,
also
we
declare
,
pronounce
or
sentence
;
and
in
the
Seventh
,
Eac
ic
wille
,
and
I
will
.
In
which
Laws
we
have
none
mentioned
with
the
King
but
his
Wites
;
and
his
commanding
,
willing
,
or
pronouncing
in
the
Imperative
Mood
,
is
observeable
.
The
next
Laws
I
find
are
those
of
King
Athelstan
,
The
Laws
of
King
Athelstan
.
Regn.
-
-
coepit
922.
-
desiit
940.
Ibid.
p.
45.
which
begin
thus
,
Ic
Aethelstane
cyning
mid
getheahte
Wulshelmes
mines
Hihbisceopes
&
othra
mina
bisceopa
bebeode
eallum
minum
Gereafum
thurh
ealle
mine
rice
;
I
Athelstan
King
,
with
the
advice
of
Wulfelm
,
my
High-Bishop
,
and
other
my
Bishops
,
command
or
bid
all
my
Rieves
,
i.
e.
Praefects
,
of
what
degrees
soever
,
to
pay
Tithes
,
&c.
And
this
he
commands
[
](A46988-e82280-b)(c)
(c)
Et
that
●●e
g●do
ea●
tha
Bis●eop
is
●ecra
gewhylera
&
eac
mine
Ealdormanna
&
Gereafa
.
Ibid.
p.
45.
his
Bishops
,
his
Aldermen
,
and
Praepositi
(
who
were
the
Judges
in
the
County-Courts
)
to
do
the
same
.
Although
in
this
Preface
there
be
no
mention
that
he
used
any
advice
but
of
the
Bishops
,
yet
the
Conclusion
of
Twenty
six
Chapters
of
Laws
,
is
in
these
words
,
Ealle
this
waer
gesetted
on
tham
miclan
Synoth
aet
Greatanleage
;
on
tham
waer
se
Aercebisceop
Wulfhelme
,
mid
eallum
thaem
Aethelum
mannum
&
Wiotan
de
Ethelstan
Cyning
gegadrian
.
Which
I
render
thus
into
English
,
All
these
were
setled
,
or
done
,
in
the
great
Synod
or
Council
at
Greatanlea
,
in
which
was
the
Archbishop
Wulfhelm
,
with
all
the
Noblemen
,
Somner
Verb.
(
Ethelum
mannum
,
must
properly
signify
those
of
the
highest
Quality
,
such
as
were
Princes
of
the
Blood
,
and
Dukes
,
because
it
is
distinct
from
Wiotan
,
or
the
Wites
,
by
which
usually
Earls
,
and
those
of
lower
Nobility
,
and
great
Officers
were
understood
)
which
Athelstan
the
King
gathered
.
In
these
Laws
We
cwaedon
is
used
,
which
I
suppose
is
something
more
than
Somner
understands
by
his
Cuide
,
a
Saying
,
Speech
,
or
Sentence
;
and
properly
is
,
we
will
.
But
the
absoluteness
of
the
King
appears
most
in
the
Twenty
sixth
Chapter
,
wherein
it
is
expressed
[
](A46988-e82450-b)(d)
(d)
Gif
minra
Gerefena
gehwylce
this
don
nylle
,
&c.
Gylde
min
oferhyrnysse
&
Ic
finde
otherne
we
wille
&
se
Bisceope
amanige
tha
offer
oferhyrnyss
aet
tham
Gerefan
the
on
his
folgothe
sy.
P.
53.
,
That
if
any
of
his
Graeves
do
not
perform
these
Commands
,
or
be
more
remiss
in
the
Execution
of
those
he
hath
enjoined
,
he
shall
be
punished
for
his
excess
of
Contumacy
,
and
the
Bishop
shall
punish
the
Contumacy
of
the
Graeve
or
Praepositus
;
and
his
Sequel
,
the
Punishment
for
the
first
fault
shall
be
five
Pounds
,
and
the
other
fault
his
were
,
that
is
,
the
value
of
his
Head
,
and
the
third
the
loss
of
all
his
Goods
,
and
the
King's
Friendship
,
ura
ealra
Freondscipes
.
King
Edmund
was
the
next
of
our
Kings
,
King
Edward's
Laws
,
p.
57.
Regn.
-
-
coepit
940.
-
desiit
948.
whose
Laws
are
transmitted
to
us
,
and
they
begin
thus
,
Eadmund
cyning
gesommnade
mycelne
synoth
to
Lundenbyrig
,
on
tha
Halgan
Easterlicon
tid
;
Edmund
the
King
assembled
a
great
Synod
or
Council
to
London
,
on
the
Holy
Eastertide
,
and
the
persons
summoned
are
stiled
,
aegther
ge
Godcundra
hada
,
ge
worulcundra
,
both
Gods-kind
,
and
World-kind
,
i.
e.
Clergy
and
Laicks
.
After
Six
Chapters
of
Laws
,
the
King
signifies
to
all
,
old
and
young
,
That
he
had
[
](A46988-e82700-b)(e)
(e)
That
Ic
●meade
mid
minra
Witena
getheaht
gegodra
hada
gelaewedra
.
Id.
p.
58.
considered
with
his
Wites
,
Consultation
being
had
with
Ecclesiasticks
and
Laicks
:
and
in
the
Laws
it
is
often
said
,
Thonne
cwaedon
;
these
we
pronounce
,
or
appoint
;
and
sometimes
the
single
person
is
used
,
and
in
other
places
,
us
betweonan
heoldan
,
it
is
holden
betwixt
us
.
Here
we
find
the
Great
Council
summoned
by
the
King
,
and
the
constituent
parts
of
it
to
be
the
Clergy
and
Laity
,
and
that
the
Laity
were
only
the
Princes
,
Dukes
,
Earls
,
great
Officers
,
Military
Commanders
,
the
Kings
Ministers
,
Graeves
,
Praepositi
,
Thanes
,
sometimes
denoted
by
the
general
names
of
Wites
translated
Sapientes
,
Magnates
,
Optimates
,
&c.
as
is
every
where
beyond
all
possible
doubt
cleared
by
the
most
Judicious
Dr.
Brady
,
in
his
Answer
to
Mr.
Petyt
,
to
whose
great
collection
for
the
proof
of
this
point
,
before
I
proceed
further
,
I
shall
only
,
in
transitu
,
instance
in
a
few
.
The
Title
of
the
Council
of
Berghamsted
[
](A46988-e82860-b)(f)
(f)
Spelman
.
Concil.
vol.
1.
fol.
194.
Anno
697.
Withrad
.
5
of
Withred
King
of
Kent
,
is
,
This
Synd
Wightraedes
domas
Cantuara
Cyninges
;
Saxon
Great
Councils
.
These
are
the
Judgments
of
Withred
King
of
Kent
:
and
the
persons
mentioned
particularly
,
are
the
King
that
convened
them
,
and
Birthwald
,
Bretone
,
Heahbisceop
,
High
or
Archbishop
of
Britain
,
Gibmund
Bishop
of
Rochester
,
and
the
rest
of
the
Ecclesiastick
[
](A46988-e83000-b)(g)
(g)
Aelc
had
ciricean
thaere
maegthe
acmodlice
.
Order
of
that
Nation
,
mid
thy
Hersuman
Folcy
with
the
Military
Persons
,
such
as
in
after
times
were
called
,
Here-Thegni
in
King
Ina's
Laws
,
and
Heretoches
in
the
Auctuary
[
](A46988-e83050-b)(h)
(h)
Lamb.
tit
.
Heretoch
.
fol.
147.
to
the
35
Laws
of
King
Edward
the
Confessor
,
which
are
there
interpreted
Barones
,
Nobiles
,
Insignes
,
Sapientes
,
Ductores
Excercitus
.
So
in
the
Council
at
Clovesho
,
3.
Cal.
Nov.
Anno
Dom.
824.
under
[
](A46988-e83120-b)(i)
(i)
Spelm.
Conc.
vol.
1.
fol.
333.
Beornwulph
.
Beornwulph
King
of
the
Mercians
,
besides
the
Archbishop
Wulfred
,
and
several
Bishops
and
Abbats
,
are
enumerated
only
Beornoth
,
Eadberht
,
Sigered
,
Egberht
,
Eadwulf
Alheard
,
Mucel
,
Vhtred
and
Ludica
,
under
the
stile
of
Duces
,
Bynna
Frater
Regis
,
Aldred
Thelonius
.
So
in
the
Great
Council
at
London
,
[
](A46988-e83230-b)(k)
(k)
Idem
,
fol.
336.
Egbert
.
26
,
May
Anno
833.
the
Title
is
,
Presidentibus
Egberto
Rege
West-Saxoniae
,
Withlasio
Rege
Merciorum
,
utroque
Archiepiscopo
,
caeterisque
Angliae
Episcopis
,
&
Magnatibus
;
and
besides
the
Bishops
and
Abbats
that
subscribe
,
we
find
these
,
Adelwulphus
filius
Regis
West-Saxoniae
,
Wulhardus
Dux
,
Athelmus
Dux
,
Herenbrithus
Dux
.
So
in
the
Council
at
Kingsburie
,
Anno
851.
Bertulph
.
Idem
,
fol.
344.
under
Bertulph
King
of
the
Mercians
,
it
is
said
to
be
,
praesentibus
Ceolnotho
Dorobernensi
Archiepiscopo
,
caeterisque
Regni
Merciae
Episcopis
,
&
Magnatibus
,
and
the
Subscribers
are
besides
the
Bishops
and
Abbats
,
Ernulphus
Dux
,
Osrithus
Dux
,
Serlo
Comes
,
Elbertus
Comes
,
Huda
Comes
,
Oflat
Pincerna
Regis
.
I
have
upon
this
occasion
instanced
in
these
few
of
the
Ancientest
,
to
clear
who
the
Persons
were
,
according
to
their
Orders
,
Ranks
,
and
Degrees
,
that
constituted
these
Great
Councils
,
and
shall
now
proceed
to
other
Saxon
Councils
succeeding
.
Eldred
King
of
all
England
gave
the
Monastery
[
](A46988-e83440-b)(l)
(l)
Ingulphi
Hist
,
fol.
477.
King
Eldred's
Great
Council
.
of
Croyland
to
Abbat
Turketul
,
and
his
Monks
,
by
his
Charter
dated
in
Festo
Nativitatis
B.
M.
Virginis
Anno
Dom.
948.
cum
universi
Magnates
Regni
per
Regium
edictum
summoniti
,
when
all
the
great
Men
of
the
Kingdom
were
summoned
by
the
Kings
command
,
and
then
more
particularly
he
divides
them
into
the
two
Orders
of
Ecclesiasticks
and
Laicks
thus
:
Tam
Archiepescopi
&
Episcopi
&
Abbates
,
quam
caeteri
totius
Regni
Proceres
&
Optimates
Londoniis
convenissent
,
ad
tractandum
de
negotiis
publicis
totius
Regni
.
Some
may
object
,
That
Ingulphus
giving
this
account
,
may
rather
express
the
Members
,
and
the
occasion
of
it
to
treat
of
the
Publick
Affairs
of
the
whole
Kingdom
,
according
to
the
usage
of
the
Age
he
lived
in
,
than
of
the
Age
the
Great
Council
was
held
in
;
which
is
well
to
be
observed
in
many
cases
:
But
in
the
Laws
of
King
Edgar
I
shall
shew
it
was
then
used
in
such
manner
,
to
give
account
of
the
great
Councils
,
as
both
his
Laws
,
and
those
I
have
hitherto
mentioned
of
the
oldest
Date
,
manifest
.
The
Preface
to
King
Edgar's
Laws
is
thus
:
This
is
seo
geraednysse
the
Eadgar
Cyng
mid
his
Witena
getheahte
geraed
;
King
Edgar's
Laws
.
Lamb.
Conc.
fol.
62.
Regn.
-
-
coepit
959.
-
desiit
975.
This
is
the
Constitution
,
Act
,
or
Decree
which
King
Edgar
with
his
Wisemen
,
or
Great-men
hath
made
ready
,
trimmed
or
enacted
.
Then
follow
the
three
great
Ends
for
which
such
Councils
are
called
,
viz.
God
to
lofe
,
to
the
Love
,
Glory
,
or
Praise
of
God
in
appointing
Religious
Laws
,
&
him
Sylfum
to
Cynescipe
,
rendred
by
Lambard
,
ad
Regiae
Majestatis
ornamentum
,
or
according
to
the
significancy
of
the
Words
,
himself
to
make
Kingly
,
or
his
own
Kingship
or
Soveraignty
to
manifest
;
and
thirdly
,
eallum
his
leodscip
to
thearf
;
all
his
People
or
Nation
to
profit
,
or
according
to
Lambard
,
ad
totius
Reipublicae
utilitatem
.
The
same
King
Edgar
,
[
](A46988-e83780-b)(m)
(m)
Spelman●
Concil.
Tom.
1.
fol.
4●5
.
in
his
Charter
to
Glastonbury
,
concludes
it
thus
,
Hanc
privilegii
paginam
Rex
Edgarus
XII
.
Regni
sui
Sacro
Scripto
apud
Londoniam
communi
Concilio
Optimatum
suorum
confirmavit
.
So
that
it
appears
,
this
was
in
the
presence
of
a
great
Council
,
and
the
Witnesses
named
are
Elfgina
Regis
mater
,
Edward
Clito
filius
,
Kinedius
Rex
Albaniae
,
Mareusius
Archiparata
,
Admiral
.
Then
follow
both
the
Archbishops
,
and
several
Bishops
,
and
Abbats
,
after
whom
the
secular
Optimates
;
viz.
Elpher
,
Oslac
,
Ethelwine
,
by
the
Title
of
Duces
,
Oswold
,
Eufward
,
Ethelsic
,
Ellshie
,
by
the
Title
of
Ministri
,
which
were
Officers
under
the
King
,
as
Thegns
,
praepositi
.
In
the
account
given
of
a
Council
held
at
[
](A46988-e83920-b)(n)
(n)
Idem
490.
Winchester
in
this
Kings
Reign
,
those
present
at
it
are
reckoned
thus
,
Praesentibus
Edgaro
Rege
cum
Conjuge
,
Dunstano
Archiepiscopo
,
Elfero
Principe
Merciorum
,
Ethelwino
Duce
Orientalium
Anglorum
;
and
the
same
persons
called
Duces
in
the
foregoing
Charter
,
Elfwoldo
suo
Germano
,
Brithnotho
Comiti
,
cum
Nobilitate
totius
Regni
.
So
that
none
but
the
Nobility
were
present
.
The
Witnesses
to
a
Charter
of
the
same
King
to
the
Monastery
of
Hyde
,
in
Winchester
,
are
the
King
,
Archbishop
Dunstan
,
Eadmund
Clito
,
legitimus
praefati
Regis
filius
,
Edward
eodem
Rege
Clito
procreatus
,
Aelftheyth
Regina
,
Eadgita
Regis
avia
;
the
present
Queen
hath
the
precedence
of
the
Queen
Dowager
:
Then
follow
several
Bishops
and
Abbats
,
after
whom
the
Lay-Peers
,
viz.
Odgar
,
Athelstan
,
Athelwin
,
Dukes
,
Aethelweard
,
Aelfweard
,
and
Walston
,
Ministri
.
It
is
to
be
noted
,
That
most
do
make
the
Laws
of
King
Edward
the
Confesson
,
to
be
principally
a
revival
of
King
Edgar's
Laws
,
mixing
such
as
Canutus
had
adjoyned
to
them
.
The
Preamble
to
the
Laws
of
King
Ethelred
runs
thus
;
The
Laws
of
Ethelred
,
fol.
88.
Regn.
-
-
coepit
A.
979.
-
desiit
1016.
This
is
tha
geraednyss
the
Ethelred
Cyning
&
his
Witan
geraeddon
,
eallum
Folc
to
fritherbote
;
These
are
the
Constitutions
King
Ethelred
and
his
Wites
have
enacted
,
all
his
People
to
mulct
for
the
breach
of
Peace
.
These
were
enacted
at
Woodstock
in
Mercia
after
the
English
Laws
.
Tho
general
Council
of
[
](A46988-e84290-b)(o)
(o)
Sp●lman
.
Concil.
vol.
1.
fol.
510.
The
Council
of
Aenham
under
King
Aethelred
.
Aenham
,
called
Pananglicum
,
is
said
to
be
Hortatu
Aelfeagi
Dorobernensis
&
Wulstani
Eboracensis
Archipraesulum
ab
Aethelredo
Rege
edictum
,
accersitisque
Episcopis
&
universis
Anglorum
Optimatibus
in
dic
Pentecostes
celebratum
;
and
the
Saxon
Title
of
it
is
,
Be
witena
geraednessa
,
rendred
Sapientum
decreta
;
In
the
conclusion
of
the
Latin
Copy
of
them
,
this
is
added
,
Haec
itaque
legalia
statuta
,
vel
decreta
in
nostro
Synodali
Conventu
a
Rege
[
](A46988-e84430-b)(p)
(p)
Idem
,
fol.
529.
magnopere
edict
a
cuncti
tunc
temporis
Optimates
se
observaturos
fideliter
spondebant
.
Sir
Henry
Spelman
gives
several
reasons
why
this
may
be
called
a
General
Council
,
because
it
contains
Secular
Laws
as
well
as
Divine
;
and
here
we
have
expresly
said
,
it
was
at
Pentecost
,
one
of
the
set
times
for
such
Councils
;
and
it
was
by
the
King's
Summons
,
and
the
Clergy
and
Optimates
consented
.
In
the
Charter
of
the
Priviledges
,
granted
by
King
[
](A46988-e84510-b)(q)
(q)
Spelman
.
Concil.
vol.
1.
fol.
507
,
508.
Anno
1006.
Ethelred
to
the
Church
of
Canterbury
,
after
the
Subscription
of
the
King
,
the
Archbishops
,
Bishops
,
and
Abbats
,
these
are
subscribed
,
Aelfric
,
Elfhelm
,
Leoffwin
,
Leoffig
Ealderman
,
which
in
the
Latin
version
are
stiled
Duces
.
Aethelmer
mines
Alaffordes
discthen
,
translated
Domini
mei
dapifer
,
verbatim
,
Dish
Thegne
or
Thane
.
Byrhtric
Cynges
Thegen
,
Minister
Regis
,
Leofric
Hraegel
Thein
,
rei
vestiariae
Minister
,
Master
of
the
Wardrobe
,
Aet
suman
is
added
,
but
neither
Lambard
nor
Somner
interpret
it
.
Syward
Cynges
Thegen
aet
Raede
,
Minister
Regis
&
a
Conciliis
,
Secretary
or
Counsellor
,
the
rest
only
mentioned
Gewitnys
,
and
in
the
Latin
Charter
of
the
same
(
which
we
may
imagine
was
the
Original
)
these
Thegnes
are
called
Ministri
,
and
so
are
these
following
,
Ordulf
,
Eadric
,
Ethelric
,
Leofric
,
Sigeraed
,
Wulstan
Senex
,
&
Juvenis
,
Lysing
,
Leof●tan
.
The
Preface
to
the
Laws
of
Canutus
is
conceived
in
the
same
Words
,
as
that
of
King
Edgar's
,
The
Laws
of
Canutus
,
fol.
97.
Regn.
-
-
coepit
A.
1016
-
desiit
1035
only
he
is
stiled
Cnut
Cyning
ealles
Englandes
Cyninge
&
Dena
Cyning
,
&
Northrigena
Cyning
;
King
of
all
England
,
King
of
Denmark
,
and
Norway
,
they
were
Established
at
Winchester
on
thaem
Halgan
Mid-winter
Tide
,
i.
e.
at
Christmass
.
The
Preface
to
his
Laws
in
Sir
Henry
[
](A46988-e84920-b)(r)
(r)
Concil.
Tom.
1.552
.
Spelman
is
conceived
in
these
words
.
This
is
thonne
seo
worldcunde
geraedness
,
the
Ic
will
midminan
Witenan
roede
,
the
man
heald
ofer
eall
Englaland
;
These
are
the
Worldly
Constitutions
,
that
I
will
with
my
Wites
Advice
,
that
Men
hold
all
over
England
.
In
most
of
the
Chapters
it
is
said
,
we
laeroth
,
we
teach
,
we
beodath
,
we
bid
or
command
,
we
forbeodath
,
we
forbid
;
and
in
the
Conclusion
,
it
is
in
the
single
Person
of
the
King
;
nu
bidde
Ic
georne
&
on
Godes
naman
beode
manna
gehwylcne
;
Now
I
command
all
,
and
bid
every
Man
in
God's
Name
.
The
Preface
to
the
Latin
version
of
them
saith
,
Haec
[
](A46988-e85030-b)(s)
(s)
Idem
,
fol.
562.
sunt
Instituta
Cnudi
Regis
Anglorum
,
Dacorum
,
Norwegarum
,
venerando
sapientum
Concilio
ejus
,
ad
laudem
&
gloriam
Dei
&
suam
Regalitatem
,
&
commune
commodum
habita
in
sancto
natali
Domini
apud
Wintoniam
.
So
we
find
that
Anno
1024.
When
[
](A46988-e85080-b)(t)
(t)
Monast.
Aug.
vol.
1.
fol.
295.
col.
1.
num.
30.
Canutus
drove
the
Clerks
living
dishonestly
from
the
Church
of
St.
Edmund
,
and
placed
Monks
there
;
it
is
said
he
did
it
cum
consilio
Archiepiscoporum
,
Episcoporum
&
Optimatum
.
So
in
another
Council
it
is
thus
,
Ego
Cnut
Rex
totius
Albionis
,
cum
Concilio
Archiepiscoporum
,
Episcoporum
,
Abbatum
,
Comitum
,
omniumque
fidelium
elegi
sanciendum
.
By
the
word
fidelium
here
,
is
meant
the
Thegne
or
lesser
Nobility
,
as
Doctor
Brady
fully
proves
in
his
Glossary
,
and
elsewhere
,
Anno
1032.
He
grants
Priviledges
to
Glastenbury
,
[
](A46988-e85220-b)(u)
(u)
Spelman
.
vol.
1.
Concil.
fol.
537.
which
he
doth
consensu
Optimatum
meorum
,
with
the
consent
of
his
Nobles
;
yet
he
useth
the
words
concedo
&
prohibeo
in
the
single
Person
,
to
denote
from
whose
single
Authority
all
concessions
flowed
.
Of
this
Canutus
,
[
](A46988-e85290-b)(w)
(w)
Gest.
Regum
,
lib.
2.
c.
11.
Malmsbury
saith
,
that
he
commanded
to
be
observed
for
ever
all
the
Laws
of
ancient
Kings
,
especially
those
made
by
King
Ethelred
his
Predecessor
,
under
[
](A46988-e85340-b)(x)
(x)
Sub
interminatione
Regiae
mulctae
perpetuis
temporibus
observari
praecepit
.
the
penalty
of
the
Kings
Fine
,
to
the
observing
of
which
,
he
saith
in
his
time
it
was
sworn
under
the
name
of
King
Edwards
Laws
,
not
that
he
had
appointed
them
,
but
had
observed
them
.
It
is
of
latter
time
[
](A46988-e85370-b)(y)
(y)
MS.
Burgi
Sancti
Edmundi
;
Spelman
.
Conc.
vol.
1.
fol.
534.
recorded
,
that
Canutus
in
the
fifth
Year
of
his
Reign
,
calling
together
all
the
Prelates
of
his
Kingdom
,
Proceresque
ac
Magnates
,
Wulstan
&
Adelwode
,
the
Archbishops
,
and
other
Bishops
,
seven
Dukes
,
and
seven
Earls
,
and
divers
Abbats
of
Monasteries
,
cum
quamplurimis
gregariis
Militibus
ac
cum
populi
multitudine
copiosa
,
who
were
personally
present
,
Votis
Regiis
unanimiter
consentientibus
praeceptum
&
decretum
fuit
.
Sir
Henry
Spelman
saith
,
That
this
Manuscript
must
be
writ
towards
the
latter
end
of
Henry
the
Third's
Reign
,
if
not
after
,
because
it
useth
the
word
Parliament
,
and
discourseth
of
the
Constitution
of
Parliament
,
as
in
that
Age
,
not
as
the
great
Councils
in
Canutus
time
were
;
which
I
note
that
it
may
be
observed
upon
how
slender
Antiquities
Sir
Edward
[
](A46988-e85500-b)(z)
(z)
Praefat.
4.
Report
.
King
Edward
the
Confessor
's
Laws
.
Coke
relied
.
From
what
Malmsbury
observes
of
these
Laws
of
Canutus
,
we
may
conclude
,
that
whereever
the
Laws
of
King
Edward
the
Confessor
are
mentioned
in
after
Ages
,
these
Laws
of
Canutus
must
be
understood
;
and
that
it
is
a
fruitless
Enquiry
to
search
for
any
other
than
those
which
Hoveden
and
Ingulphus
give
us
,
as
confirmed
by
William
the
Conqueror
:
therefore
I
shall
referr
the
Inquisitive
Reader
to
the
Authors
,
and
Sir
[
](A46988-e85630-b)(a)
(a)
Concil.
vol.
1.619
,
625.
Henry
Spelman
,
and
Mr.
Selden
.
I
shall
therefore
only
note
who
were
the
constituent
Parts
of
the
great
Councils
in
his
time
.
That
convention
at
Christmas
the
Twenty
fifth
of
his
Reign
,
as
Sir
Henry
Spelman
[
](A46988-e85700-b)(b)
(b)
I●em
,
fol.
627.
hath
published
it
,
was
,
Praesentibus
Edwardo
Rege
&
Conf●ssore
,
Edgitha
Regina
,
Stigando
Archiep.
Cant.
Eldredo
Archiep.
Ebor.
caeterisque
Angliae
Aepiscopis
,
Abbatibus
,
Capellanis
,
Regis
Comitibus
,
Ministris
(
seu
Thanis
Regis
)
&
Militibus
qui
in
Chartarum
sequentium
subscriptionibus
nominantur
.
Then
follows
the
second
Charter
to
[
](A46988-e85740-b)(c)
(c)
Id.
631.
St.
Peters
of
Westminster
,
where
after
the
Bishops
and
Abbats
we
find
the
Subscriptions
of
Raynbaldus
the
Chancellor
,
and
Harold
,
Edwin
,
Leofdwyn
and
Guden
are
titled
Dukes
.
Ergar
,
Kendus
,
Wygodus
,
Robertus
,
Ednothus
are
called
Ministri
,
then
I
suppose
according
to
the
Title
,
the
Knights
,
Agelnodus
,
Walfricus
,
Sywardus
,
Godricus
.
To
the
third
Charter
,
[
](A46988-e85850-b)(d)
(d)
Id.
636.
when
he
dedicated
St.
Peter's
Church
,
Anno
1066.
there
are
these
more
added
to
the
Lay-Nobility
,
(
besides
Osbern
,
Peter
,
and
Robert
the
King's
Chaplain
,
who
are
placed
next
after
the
Chancellor
,
As
to
King
Edward's
Laws
and
their
Confirmation
by
the
Conqueror
,
and
the
Add●●ions
and
Amendments
,
see
Dr.
Brady
,
fol.
254.
A●gum
.
A●tinorm
.
296
,
298
,
299.
As
to
the
●arallel
betwixt
the
Saxon
and
Norman
Laws
,
see
his
Preface
to
the
Norman
Story
.
before
the
Dukes
)
Gud
Comes
,
Marhe●●s
Comes
,
Radulphus
Minister
,
Agelnodus
Minister
,
and
besides
that
,
Wulfric
,
Syward
and
Godrich
in
the
aforesaid
Charter
,
are
called
here
,
Knights
,
there
are
added
Colo
and
Wulsward
,
Knights
;
and
the
Conclusion
of
all
is
,
Omnes
consentientes
subscripsimus
.
So
that
here
may
be
noted
the
use
of
the
Subscriptions
of
the
Noblemen
to
the
King's
Charters
,
which
then
were
only
by
the
mark
of
a
Cross
,
and
in
after
times
by
their
Seals
,
to
those
we
call
Acts
of
Parliament
,
as
hereafter
will
be
shown
.
Having
thus
treated
of
the
General
Councils
,
and
such
like
Conventions
,
under
the
Saxon
and
Danish
Kings
,
I
shall
pass
to
the
Norman
Kings
,
and
so
descending
to
the
present
Age
,
show
the
constituent
Parts
of
the
great
Councils
and
Parliaments
,
and
by
what
variety
of
Expressions
in
the
gradual
Progress
of
the
respective
Kings
Reigns
,
the
Soveraigns
enacting
of
Laws
was
exhibited
:
only
before
I
enter
,
I
cannot
but
take
notice
that
Mr.
Selden
(
by
what
compliance
I
know
not
,
Ab
his
vix
alios
,
ante
Saxones
,
comperio
Custodes
,
sub
eis
varie
partitos
,
&c.
Explent
numerum
Rex
,
Con●●●●●ularius
,
Cancellarius
.
Thesaurarius
,
Angliae
Aldermannus
,
Aldermannus
Provin●●arum
&
Gravii
.
Janus
Angl.
p.
40.
with
the
mode
of
his
time
)
calls
those
which
we
make
constituent
Parts
of
the
great
Councils
of
the
Saxon
times
,
Custodes
,
and
saith
,
he
scarce
meets
with
any
of
these
Guardians
of
the
Laws
,
different
from
these
Lawmakers
.
Yet
he
brings
no
Representatives
of
the
Commons
;
for
he
makes
them
the
King
,
the
Lord
High-Constable
,
the
Chancellor
,
the
Treasurer
,
the
Alderman
of
England
,
the
Aldermen
of
Provinces
,
and
the
Graves
.
I
cannot
but
wonder
that
he
should
not
at
least
give
some
hint
what
difference
there
was
betwixt
the
King
and
his
Graeve
,
in
the
point
of
Law-making
.
Surely
he
knew
the
Constitution
of
the
great
Councils
as
well
as
any
,
but
being
a
Sitting
Member
in
that
long
Parliament
,
was
in
that
Particular
tainted
,
per
contagionem
uvaque
livorem
deducet
ab
uva
.
CHAP.
XXV
.
Of
the
great
Councils
of
the
Norman
Kings
,
'till
the
end
of
the
Reign
of
King
John
.
WHAT
Changes
William
the
Conqueror
made
in
the
Government
,
how
he
brought
in
the
Feudal
Laws
of
Normandy
,
and
many
other
Alterations
,
Doctor
Brady
hath
proved
at
large
in
his
Argumentum
Anti-Normanicum
,
and
the
Preface
to
his
Complete
History
;
so
that
I
shall
touch
very
little
upon
that
Subject
.
The
Conqueror
(
saith
the
learned
Sir
[
](A46988-e86290-b)(a)
(a)
Praef●tio
ad
LL.
Willielmi
primi
,
pag.
155.
Edit.
Wheeloch
.
Three
things
the
Conqueror
designed
.
Roger
Twysden
)
having
obtained
the
Kingdom
by
dint
of
Sword
,
and
knowing
that
no
Empire
is
firmly
established
by
Arms
without
Justice
,
applied
his
mind
to
three
things
:
First
,
That
he
might
have
a
sufficient
Military
Force
:
Secondly
,
That
he
might
gratifie
his
French
and
Norman
Adventurers
;
yet
so
as
the
English
might
not
by
over
much
severity
,
be
instigated
to
rebel
:
And
Thirdly
,
That
the
Husbandmen
might
live
as
Servants
,
and
to
perform
the
Drudgery
,
but
not
to
be
wholly
extirpated
.
As
to
the
First
,
He
disposed
the
Militia
so
as
[
](A46988-e86420-b)(b)
(b)
Lib.
4.
p.
523.
About
his
Militia
and
Revenue
.
Ordericus
Vitalis
tells
us
it
was
reported
,
That
he
could
expend
1600
l.
and
30
s.
three
Half-pence
,
Sterling
Money
,
every
day
,
besides
the
Presents
,
Fines
for
remitting
of
Punishments
upon
Transgressions
of
the
Laws
,
and
many
other
ways
whereby
his
Treasury
was
encreased
;
and
he
made
the
Kingdom
be
surveyed
,
and
all
his
Tributes
or
Revenues
,
Piscos
.
as
in
the
time
of
King
Edward
,
he
made
be
truly
described
:
His
Lands
he
so
distributed
to
his
Soldiers
,
Disposed
the
Lands
in
Military
Service
.
and
disposed
them
so
,
that
in
the
Kingdom
of
England
he
had
60000
Horsemen
,
which
he
could
with
great
readiness
call
together
;
therefore
in
the
58
Law
ascribed
to
him
,
and
which
is
in
the
Red
Book
of
the
Exchequer
,
it
is
thus
expressed
;
We
[
](A46988-e86560-b)(c)
(c)
Statuimus
etiam
&
sirmiter
praecipimus
,
ut
omnes
liberi
homines
totius
Regni
nostri
sint
fratres
cenjurati
ad
Monarchi●m
nostram
&
ad
Regnum
nostrum
pro
viribus
suis
&
facultatihus
contra
inimicos
pro
posse
suo
defendendum
&
viriliter
servandum
,
&
Pacem
&
Dignitatem
Coronae
nostrae
integram
observand●m
&
judicium
rectum
&
justitiam
constanter
&
omnibus
modis
pro
posse
suo
&
sine
delatione
●aciendam
.
Fol.
171.
appoint
and
firmly
command
,
that
all
the
Liberi
Homines
(
such
as
held
in
Military
Service
,
to
whom
he
had
distributed
all
the
Lands
of
the
English
,
except
what
he
kept
in
his
own
Possession
;
as
in
all
Authors
that
treat
of
such
matters
is
most
evident
)
of
his
whole
Kingdom
,
should
be
sworn
Brothers
to
defend
and
manfully
preserve
his
Monarchy
and
the
Kingdom
,
according
to
their
Power
,
against
all
Enemies
,
and
keeping
entire
the
Peace
and
Dignity
of
his
Crown
,
and
for
the
executing
of
right
Judgment
and
Justice
constantly
,
in
all
ways
according
to
their
Power
,
without
Deceit
or
Delay
.
I
have
inserted
this
at
large
,
because
it
seems
the
Primary
Law
,
upon
which
his
Government
was
established
;
and
it
seemeth
to
me
to
be
the
Substance
of
the
Oath
of
Fealty
,
that
all
the
Subjects
which
held
.
in
Capite
,
were
to
take
;
or
that
the
same
Oath
was
to
the
same
ends
and
purpose
.
This
Law
is
said
to
be
made
in
the
City
of
London
.
But
without
doubt
it
was
much
according
to
the
[
](A46988-e86630-b)(d)
(d)
Monsieur
Berault
.
Custom
.
Norman
.
fol.
86.
usage
of
Normandy
,
established
by
Rollo
;
and
what
had
been
practised
by
the
Francks
,
when
they
conquered
the
Gauls
in
the
declining
of
the
Roman
Empire
,
who
distributed
their
Lands
among
their
Soldiers
,
to
whom
was
reserved
the
Dignity
of
Gentlemen
,
and
the
Management
of
Arms
;
and
the
use
of
them
taken
from
the
Ancient
Gauls
,
who
were
called
Roturiers
;
and
they
were
only
permitted
to
manage
the
matters
of
Husbandry
and
Merchandice
.
So
the
Conqueror
gave
to
some
of
his
Followers
[
](A46988-e86730-b)(e)
(e)
Brady's
Preface
Norm
.
History
,
p.
159.
whole
Counties
,
to
some
two
or
three
or
more
Counties
,
with
a
great
Portion
of
Land
;
to
others
,
Hundreds
,
Mannors
or
Towns
;
who
parcelled
them
out
to
their
Dependants
and
Friends
,
'till
at
last
(
though
the
Saxons
most
frequently
held
their
own
Estates
of
those
new
Lords
,
and
by
new
Titles
from
them
)
some
Soldiers
and
ordinary
Men
had
some
proportionable
Shares
for
their
Services
,
though
upon
hard
Conditions
;
possessing
them
for
the
most
part
,
as
Feudatories
,
Of
the
Feudal
Law
,
and
its
Mitigation
.
So
Matt.
Paris
saith
,
Episcopatus
&
Abbatias
omnes
quae
Baronias
tenebant
,
&
eatenus
ab
omni
servitute
s●●ulari
libertatem
habuerant
,
sub
servitute
statuit
militar●
.
and
according
to
the
Rules
of
the
Feudal
Law
,
which
,
as
it
was
the
Law
for
the
most
part
in
Normandy
,
as
to
Possession
and
Tenure
;
so
was
it
in
England
,
until
by
the
Indulgence
of
Usurpers
,
as
well
as
of
lawful
Sovereigns
,
to
the
great
Men
,
and
of
them
to
their
Tenents
and
Followers
,
their
Tenures
became
more
easie
,
and
were
changed
into
Inheritances
,
both
Free
and
Bond.
So
by
Compact
or
Agreement
,
betwixt
kind
and
favourable
,
as
well
as
indigent
Lords
and
serviceable
Tenents
,
as
also
by
the
Introduction
of
the
use
of
the
Canon
or
Imperial
Law
;
the
Rigor
of
the
Feudal
Law
was
abated
,
and
received
several
Alterations
and
Amendments
,
by
flux
of
Time
,
and
especially
by
Acts
of
great
Councils
or
Parliaments
,
and
the
Necessities
or
Indulgence
of
Princes
:
So
that
instead
of
more
rigid
Tenures
,
the
soft
ones
of
Fee-simple
,
in
all
its
kinds
,
by
Deed
,
or
Feofment
,
or
inheritable
and
qualified
Copyholds
,
were
introduced
.
As
to
the
second
Particular
concerning
William
the
Conqueror's
setling
Laws
for
the
equal
Government
,
Of
the
Conqueror's
Laws
.
both
of
the
Normans
and
English
;
I
shall
first
give
an
account
out
of
[
](A46988-e86900-b)(f)
(f)
Parte
posteriori
,
fol.
346.
Hoveden
,
what
these
were
and
how
they
were
procured
:
He
saith
,
That
the
Danish
Laws
being
understood
by
the
Conqueror
to
be
used
in
Norfolk
,
Suffolk
and
Cambridg-shire
(
others
[
](A46988-e86960-b)(g)
(g)
Chron.
Li●●f
.
See
for
the
Conqueror's
Charter
and
Laws
,
Dr.
Brady
,
fol.
17
,
252
,
254
,
258
,
298
,
249.
add
the
Deirans
and
the
Isles
)
concerning
Forfeitures
,
he
preferred
them
before
the
other
Laws
of
the
Kingdom
,
and
commanded
they
should
be
observed
;
and
gives
the
reason
for
it
,
that
his
and
the
Ancestors
of
most
of
the
Barons
of
Normandy
,
were
come
from
Norway
,
therefore
the
Laws
of
the
Danes
ought
to
be
preferred
before
those
of
the
Britains
,
viz.
of
the
English
and
Picts
:
Which
,
saith
my
[
](A46988-e87060-b)(h)
(h)
Quo
audito
mox
universi
compatriota
,
qui
leg●s
edixerant
,
trist●s
essec●i
,
unanimiter
deprecati
sunt
quatenus
permit●eret
l●ges
sibi
pr●prias
&
consue●udines
●●iqua
halere
.
Id.
num.
10.
Hoveden
,
fol.
347
,
num.
1.
Author
,
being
heard
by
the
great
Men
of
the
Country
(
who
had
,
as
hereafter
I
shall
show
,
been
appointed
to
revize
the
Laws
)
they
all
were
very
sorrowful
,
and
unanimously
intreated
him
,
that
he
would
permit
them
to
have
the
Laws
proper
to
themselves
,
and
their
ancient
Customs
,
under
which
their
Fathers
lived
,
and
they
were
born
and
bred
under
;
for
that
it
would
be
very
hard
for
them
to
receive
unknown
Laws
,
and
to
judge
of
those
things
they
understood
not
.
See
Brady's
Answer
to
Argum.
A●ti●o●●
.
p.
298
,
299.
But
finding
the
King
unwilling
to
be
drawn
to
consent
,
they
follow
on
their
suit
,
praying
for
the
Soul
of
King
Edward
,
who
bequeathed
him
his
Crown
and
Kingdom
,
whose
Laws
they
were
,
that
they
might
not
have
the
Laws
of
strange
Nations
imposed
on
them
;
but
he
would
grant
them
the
Continuance
of
their
Countries
Laws
:
To
which
intreaty
of
his
Barons
(
after
Counsel
taken
)
my
Author
saith
,
I
cannot
conceive
but
here
were
many
of
the
Saxon
Nobility
,
and
Men
of
best
Account
;
otherwise
they
could
not
call
them
the
Laws
their
Fathers
had
lived
under
:
and
the
Normans
could
not
then
know
much
of
our
Laws
or
Speech
;
but
this
was
before
he
had
subdued
all
fully
.
he
acquiesced
;
and
from
that
day
the
Laws
of
King
Edward
were
of
great
Authority
and
Esteem
throughout
England
,
and
were
confirmed
and
observed
before
other
Laws
of
the
Country
.
Our
Author
further
notes
,
That
these
were
not
the
proper
Laws
of
King
Edward
,
but
of
Edgar
his
Grandfather
,
which
had
been
little
observed
for
68
years
,
as
in
one
place
,
and
48
years
in
another
;
he
saith
,
by
reason
of
the
Danish
Invasions
,
&c.
and
being
revived
,
repaired
and
confirmed
by
King
Edward
,
were
called
his
Laws
.
The
Account
the
Chronicle
[
](A46988-e87240-b)(i)
(i)
Anglos
Nobiles
Sapientes
&
sua●●ge
eruditos
.
Id.
fol.
348.
Spelm.
Concil.
tom.
1.
fol.
619.
of
Lichfield
gives
,
is
this
,
That
King
William
,
in
the
fourth
year
of
his
Reign
at
London
,
by
the
Counsel
of
his
Barons
,
made
to
be
summoned
through
all
the
Counties
of
England
,
all
the
Noble
Wisemen
,
and
such
as
were
skilled
in
their
Law
,
that
he
might
hear
their
Laws
and
Customs
;
and
then
gives
an
account
how
he
approved
of
the
Danish
Laws
used
in
Norfolk
,
&c.
Concerning
the
Kindness
the
Conqueror
pretended
in
his
first
four
Years
,
and
his
Rigour
after
,
see
at
large
.
Dr.
Brady
,
in
his
Answer
to
the
Argumentum
Antinormanicum
,
especially
p.
260.
and
299.
But
afterwards
,
at
the
Intreaty
of
the
Community
of
the
English
,
he
yielded
to
grant
them
King
Edward's
Laws
.
Before
I
proceed
any
further
,
I
cannot
but
note
,
that
what
Hoveden
calls
Compatriotae
here
,
is
called
Communitas
Anglorum
;
and
in
both
of
them
afterwards
it
is
called
Concilio
Baronum
;
by
which
we
may
know
who
these
Compatriotae
and
this
Communitas
were
,
viz.
the
Barons
or
great
Men.
Our
Author
proceeds
,
That
by
the
King's
Precept
,
out
of
every
County
of
England
,
Twelve
Wisemen
were
chosen
,
who
were
enjoyned
an
Oath
before
the
King
,
that
according
to
their
utmost
they
should
discover
the
establishments
of
their
Laws
and
Customs
[
](A46988-e87460-b)(k)
(k)
Vt
quoad
possent
recto
tramite
incedentes
,
nec
ad
dextram
nec
ad
sinistram
divertentes
,
nihil
addentes
,
nihil
praevarieando
mutantes
.
Omnia
quae
praedicti
●urati
dixerunt
.
going
in
a
strait
Path
,
neither
declining
to
the
right
or
left
Hand
,
omitting
,
adding
,
or
prevaricating
nothing
;
and
Aldred
Archbishop
of
York
,
who
crowned
King
William
,
and
Hugh
Bishop
of
London
,
by
the
King's
command
,
writ
the
Laws
which
the
said
sworn
Persons
did
produce
:
But
it
is
to
be
noted
,
that
this
Chronicle
of
Lichfield
is
of
a
later
Date
than
other
Writers
;
and
the
Laws
in
it
differ
from
those
in
Ingulphus
.
The
next
Testimony
is
that
of
[
](A46988-e87550-b)(l)
(l)
Circa
sinem
Hist.
fol.
519.
num.
36.
Leges
aqui●●mi
Regis
Edwardi
quas
Dom.
meus
inclitus
Rex
W.
authenticas
esse
&
perpetuas
,
&c.
proclamarat
.
Ingulphus
,
who
tells
us
,
That
he
brought
from
London
to
his
Monastery
,
i.e.
Croyland
,
the
Laws
of
the
most
just
King
Edward
,
which
his
Lord
,
the
famous
King
William
,
willed
to
be
Authentic
and
Perpetual
,
and
had
proclaimed
under
the
severest
Penalties
,
to
be
inviolably
kept
through
the
whole
Kingdom
of
England
,
and
commended
them
to
his
Justiciaries
,
in
the
same
Language
they
were
set
forth
in
,
&c.
of
which
I
shall
say
something
below
.
The
Author
of
Jus
Anglorum
ab
Antiquo
,
and
the
Argumentum
Anti-Normanicum
,
and
Mr.
Petyt
,
in
his
Rights
of
the
Commons
asserted
,
have
writ
largely
,
to
prove
,
That
the
Conqueror
made
little
Innovation
in
our
Laws
;
and
on
the
contrary
,
the
profoundly
learned
[
](A46988-e87700-b)(m)
(m)
Answer
to
Petyt
,
p.
14.
Great
Officers
Normans
.
Doctor
Brady
hath
from
undeniable
Records
proved
,
that
he
brought
in
the
Feudal
Law
of
Tenures
,
and
much
of
the
Norman
Laws
;
and
that
in
his
time
,
and
for
an
Hundred
years
after
,
the
Justiciaries
or
Chief
Justices
,
the
Chancellors
,
Lawyers
,
Ministerial
Officers
,
and
under-Judges
,
Earls
,
Sheriffs
,
Bailiffs
,
Hundredaries
,
&c.
were
all
Normans
:
likewise
the
Military
Men
and
Lords
of
Mannors
mostly
were
such
;
and
in
his
Preface
to
the
Norman
History
,
and
his
Answers
to
the
forementioned
Authors
,
every
where
clears
it
,
and
proves
,
That
though
the
Conqueror
,
See
for
proof
of
the
whole
,
Eadmer
.
Hist.
Novel
.
fol.
6.
num.
10
,
20
,
30.
Ingulph
.
fol.
512.
a.
num
.
50.
That
these
Great
Barons
,
as
Tenents
in
Capite
,
had
power
to
make
Laws
and
Constitutions
to
bind
their
Sub-Feudataries
,
is
apparent
by
what
Malmsbury
de
〈◊〉
Reg.
lib.
3.
saith
,
That
the
Laws
of
W.
Fitz-Ozborn
Earl
of
Hereford
remained
still
in
force
,
That
no
Soldier
for
any
Offence
should
pay
above
7
s.
The
Conqueror's
Liberality
to
the
Normans
.
in
the
first
beginning
of
his
Reign
,
promised
fair
Matters
,
yet
he
observed
no
more
of
those
Laws
,
than
served
for
his
own
interest
:
Yet
he
also
saith
,
That
where
any
Relaxation
of
the
Rigor
of
the
Feudal
Laws
was
,
the
benefit
principally
accrued
to
the
Norman
English
,
who
indeed
were
as
active
as
could
be
expected
,
to
obtain
ease
to
themselves
,
and
claim
the
Advantage
of
all
the
favourable
Laws
had
been
used
in
the
Saxon
times
;
but
they
themselves
were
great
Oppressors
of
those
under
them
.
These
Matters
therefore
being
so
copiously
discoursed
of
by
the
learned
Doctor
,
I
shall
pass
that
whole
matter
by
,
and
come
to
the
third
Particular
,
Sir
Roger
Twysden
notes
in
the
Conquerors
Policy
,
and
so
directly
speak
to
the
Constitutions
of
his
Great
Councils
,
and
his
Sovereignty
in
making
or
confirming
Laws
.
As
to
the
third
Particular
;
First
it
is
clear
that
the
Conqueror
divided
the
Land
among
his
great
Men
,
the
Officers
and
Soldiers
:
for
proof
of
which
we
need
no
more
,
but
the
Testimony
of
Gervase
of
[
](A46988-e87990-b)(n)
(n)
Black
Book
of
the
Exchequer
.
Post
regni
conquisitionem
,
post
justam
Rebellium
subversionem
,
—
facta
est
inquisitio
diligens
qui
fuerint
qui
contra
Regem
in
bello
dimicantes
per
fugam
se
salvaverint
;
hiis
omnibus
&
haeredibus
eorum
qui
in
bello
occubuerunt
,
spes
omnis
,
&c.
praeclusa
.
Tilbury
,
who
saith
,
That
after
the
Conquest
of
the
Kingdom
,
and
just
subversion
of
the
Rebels
,
when
the
King
himself
and
his
great
Men
had
viewed
and
surveyed
their
new
Acquists
,
there
was
a
strict
enquiry
made
,
who
there
were
,
that
fighting
against
the
King
,
had
saved
themselves
by
flight
:
From
these
and
the
Heirs
of
such
as
were
slain
in
Fight
,
all
hopes
of
possessing
either
Lands
or
Rents
,
were
cut
off
:
But
such
as
were
called
and
urged
to
fight
against
King
William
,
and
did
not
,
if
in
Process
of
time
they
could
obtain
the
favour
of
their
Lords
and
Masters
,
by
an
humble
Obedience
,
and
Obsequiousness
,
they
might
possess
something
in
their
own
Persons
,
without
hopes
of
Succession
,
their
Children
only
enjoying
it
afterwards
at
the
will
of
their
Lords
,
to
whom
when
they
became
odious
,
they
were
every
where
forced
from
their
Possessions
.
Because
some
are
prejudiced
against
the
judicious
Doctor
Brady
,
for
asserting
the
Conquerours
changes
that
he
made
,
I
hope
they
will
give
ear
to
what
the
learned
Selden
affirms
thus
,
[
](A46988-e88060-b)*
*
Ex
quo
cis
Normannorum
adventum
praeter
ipsum
Regem
non
fuit
in
Anglia
is
qui
Allodii
,
ut
lequantur
,
Jure
sundum
possederit
,
cum
scilicet
aliis
ad
unum
omnes
siduciarios
pro●e
dixeris
Dominos
,
superiorem
investi●urae
Anct●rem
interpesita
side
perpetuo
agn●sc●ntes
.
Lib.
2.
Jan.
Ang.
That
some
while
since
the
coming
in
of
the
Normans
,
there
was
not
in
England
,
except
the
King
himself
,
any
one
who
held
Land
in
right
of
Freehold
(
as
they
term
it
)
since
,
in
truth
,
one
may
call
all
others
,
to
a
Man
,
only
Lords
in
trust
of
what
they
had
;
as
those
,
who
by
swearing
Fealty
,
and
doing
Homage
,
did
perpetually
own
and
acknowledge
a
Superior
Lord
of
whom
they
held
,
and
by
whom
they
were
invested
in
their
Estates
.
So
he
.
Now
this
Fealty
and
Homage
is
now
held
no
kind
of
Slavery
,
but
then
it
was
,
as
I
have
elsewhere
noted
.
Let
us
hear
what
the
same
Mr.
Selden
a
little
below
saith
,
That
the
Conqueror
did
not
totally
change
the
Constitution
of
the
Laws
,
Probe
tametsi
dixeris
eversum
,
secundum
quod
disputant
Jurisconsulti
,
Anglicum
Imperium
.
Id.
Gervas
.
Til●
.
c.
23.
Oblatis
vomeribus
in
signum
desicientis
Agriculturae
.
although
we
may
truly
say
,
according
to
what
Lawyers
dispute
,
That
the
English
Empire
and
Government
was
overthrown
by
him
.
Thus
far
that
learned
Man
.
Let
us
now
return
to
the
Exchequer-book
,
where
we
find
,
That
when
a
common
miserable
Complaint
of
the
Natives
came
to
the
King
,
that
they
thus
exposed
and
spoiled
of
all
things
,
should
be
compelled
to
pass
into
other
Countries
:
At
length
,
after
Consultation
upon
these
things
,
it
was
decreed
,
That
what
they
could
by
their
deserts
and
lawful
Bargain
,
obtain
from
their
Lords
,
The
English
compound
with
their
Lords
.
they
should
hold
by
unviolable
Right
;
but
should
not
claim
any
thing
from
the
time
the
Nation
was
conquered
,
under
the
Title
of
Succession
or
Descent
.
Therefore
,
he
saith
,
they
were
obliged
,
by
studied
Compliance
and
Obedience
,
to
purchase
their
Lords
Favour
.
It
is
true
,
that
in
the
55th
.
Law
of
[
](A46988-e88190-b)(o)
(o)
LL.
Gulielm
.
primi
,
Edit.
Twysden
,
p.
170.
William
the
Conqueror
,
it
is
said
,
That
he
wills
and
firmly
commands
and
grants
,
that
all
Freemen
,
liberi
Homines
,
of
the
whole
Monarchy
of
his
Kingdom
,
may
have
and
hold
their
Lands
and
Possessions
well
,
and
in
[
](A46988-e88230-b)(p)
(p)
In
pace
libere
ab
omni
exactione
injus●a
&
ab
omni
tallagio
.
Peace
,
free
from
all
unjust
Exactions
and
Tallage
,
that
is
,
extraordinary
Impositions
and
Taxes
;
so
as
nothing
be
exacted
or
taken
,
unless
their
free
services
,
which
of
Right
they
ought
and
are
bound
to
perform
to
us
;
and
as
it
was
appointed
to
them
,
and
given
and
granted
to
them
by
us
,
as
a
perpetual
Right
of
Inheritance
,
by
the
Common
Council
of
the
whole
Kingdom
.
In
which
we
may
observe
,
The
English
have
little
Benefit
by
his
Relaxation
of
the
Feudal
Law
.
that
this
was
no
Magna
Charta
made
to
English
Men
;
these
liberi
Homines
were
such
as
held
in
Military
Service
,
as
appears
by
the
58th
.
Law
following
;
and
those
then
were
Normans
,
and
the
Relaxations
to
them
were
,
that
these
Fees
were
made
Hereditary
,
which
was
not
frequent
among
Feudataries
in
those
days
;
and
the
Complaints
that
were
made
after
,
and
the
amendments
that
Hen.
1.
promised
,
were
mostly
about
the
hard
Taxes
and
Exactions
.
Therefore
I
may
conclude
,
That
the
ordinary
English
,
tho'
many
of
them
might
live
upon
the
Lands
they
and
their
Ancestors
had
enjoyed
,
yet
their
Tenure
was
changed
,
and
they
were
but
Vassals
to
other
Lords
;
'till
by
little
and
little
,
by
the
ways
I
have
mentioned
under
the
first
Heads
,
they
acquired
a
Soccage
Tenure
,
and
Fee-simple
Estate
.
Therefore
the
foresaid
[
](A46988-e88330-b)(q)
(q)
Praefat.
Reger
Twysden
,
fol.
155.
The
English
possess
their
Lands
by
●avour
,
not
otherwise
Hereditarily
.
So
Mut.
Paris
saith
,
Commilitonibus
terras
Anglorum
&
possessiones
affluentiori
manu
contulit
;
illud
parvum
quod
remans●rat
,
sub
jugo
posuit
perpetuae
servitutis
.
Gervase
of
Tilbury
concludes
this
Observation
,
thus
,
Sic
igitur
quisquis
de
gente
subacta
,
fundos
vel
aliquid
hujusmodi
possidet
,
non
quod
ratione
successionis
debere
sibi
videatur
,
adeptus
est
,
sed
quod
solummodo
meritis
suis
exigentibus
vel
aliqua
pactione
interveniente
,
obtinuit
,
viz.
So
every
one
of
the
conquered
Nation
possest
their
Lands
or
any
thing
else
;
not
that
he
should
seem
to
get
it
by
way
of
Succession
,
but
by
his
deserts
,
or
by
some
Compact
or
Covenant
made
with
his
Lord
:
as
it
must
be
understood
.
The
most
industrious
Doctor
Brady
,
having
on
purpose
writ
so
much
of
this
Argument
in
his
Answer
to
the
Argumentum
Anti-Normanicum
,
and
,
out
of
so
many
Historians
,
confirmed
it
in
the
Answer
to
the
Appendix
;
Brady
,
p.
313.314
.
I
must
refer
the
Reader
that
desires
satisfaction
,
to
his
Book
,
being
loth
to
crowd
those
matters
which
are
not
directly
to
my
purpose
:
Only
I
cannot
but
note
,
that
the
reason
why
we
so
often
find
the
same
Lands
that
have
been
granted
by
a
Father
,
for
him
and
his
Heirs
,
required
,
and
had
a
Confirmation
by
the
Son
;
was
because
the
Tenure
was
so
fickle
,
for
want
of
Homage
or
Omission
of
Service
,
whereby
they
might
be
forfeited
.
I
now
proceed
to
the
great
Councils
that
I
have
found
in
the
Reign
of
William
the
Conquerour
;
and
shall
begin
with
that
wherein
the
Laws
I
have
spoken
before
of
,
out
of
Hoveden
,
were
made
,
which
are
agreed
by
all
to
be
in
the
Fourth
year
of
his
Reign
.
In
general
,
we
find
Gervase
of
Tilbury
telling
us
,
The
Conqueror
makes
written
Laws
.
That
when
the
famous
Subduer
of
England
,
King
William
,
had
subjected
to
his
Empire
the
utmost
parts
of
the
Island
,
and
by
terrible
examples
had
brought
to
perfect
obedience
the
Minds
of
Rebels
;
that
they
might
not
have
liberty
to
fall
into
the
same
errors
for
the
future
,
he
[
](A46988-e88550-b)(r)
(r)
Decrevit
subjectum
sibi
populum
Juri
scripto
legibusque
sabjicere
.
Quasdam
reprobavit
,
quasdam
autem
approbans
Transmari●●s
Neustriae
leges
,
quae
ad
Regni
p●●●m
tuendam
effic●teissionae
videbantur
,
adjecit
.
Gerv.
Tilb.
lib.
1.
c.
29.
resolved
to
govern
the
People
subjected
to
him
by
written
Right
and
Law
:
therefore
the
English
Law
being
propounded
according
to
their
threefold
distinction
,
that
is
,
the
Mercian
Law
,
Dane
Law
,
and
West-Saxon
Law
,
he
rejected
some
,
and
approved
others
,
and
added
such
Transmarine
Norman
Laws
,
as
seemed
most
efficacious
to
defend
the
Peace
of
the
Kingdom
.
In
this
account
we
may
observe
,
That
the
King
solely
is
said
to
reject
and
approve
,
and
to
add
such
of
the
Norman
Laws
as
he
thought
fit
for
securing
the
Peace
of
the
Kingdom
;
and
the
Ingenious
Dr.
Brady
thinks
the
52
,
55
,
56
,
58
,
59
,
62
,
63
,
64.
are
those
Norman
Laws
intimated
.
Concerning
the
Oath
which
Frederick
Abbat
of
St.
Albans
,
administred
to
the
King
on
the
Holy
Gospel
,
and
the
Reliques
of
the
Church
of
St.
Albans
,
whereby
he
swore
,
That
for
the
good
of
Peace
,
he
would
observe
the
good
and
approved
ancient
Laws
of
the
Kingdom
,
which
the
pious
Kings
of
England
,
and
especially
King
Edward
had
inviolably
observed
;
I
must
refer
the
Reader
to
[
](A46988-e88720-b)(s)
(s)
Fol.
48.
num.
20
,
30
,
40.
Matthew
Paris
,
to
understand
the
occasion
of
it
;
and
Dr.
[
](A46988-e88760-b)(t)
(t)
Argum.
Antinorm
.
p.
261.
Brady's
Exposition
or
Commentary
upon
it
,
and
how
little
he
observed
it
.
What
the
Laws
were
that
King
William
the
First
confirmed
,
Authors
agree
not
about
,
as
may
be
seen
by
comparing
[
](A46988-e88810-b)(u)
(u)
Fol.
343.
Hoveden
,
[
](A46988-e88840-b)(w)
(w)
Fol.
138
,
149
Knighton
Collect.
2354.
N.
61.
Lambard
of
Wheelocks
Edition
,
and
Spelman
in
the
First
Tome
of
his
Councils
,
Fol.
624.
Selden
[
](A46988-e88930-b)(x)
(x)
In
Eadmerum
,
fol.
172.
num.
20.
in
his
Notes
upon
Eadmerus
,
writes
very
suspiciously
of
all
the
Laws
that
are
attributed
to
King
Edward
,
except
the
Crowland
Copy
;
judging
neither
Hoveden
,
Knighton
,
or
the
Author
of
the
Lichfield
Chronicle
well
versed
in
Law
matters
,
and
who
writ
long
after
Ingulphus
,
of
whom
he
gives
this
Character
,
Qui
in
hac
re
testium
non
tam
facile
Princeps
merito
dicendus
est
,
quam
solus
forsan
cui
ut
par
fit
credamus
.
The
Title
of
the
Laws
properly
ascribed
to
William
the
Conquerour
,
The
Title
of
the
Conqueror's
Laws
.
are
in
the
Latin
thus
,
[
](A46988-e89070-b)(y)
(y)
Ces
sont
le
Leis
&
les
Custumes
que
le
Reis
William
grantut
tut
le
peuple
de
Engleterre
●pres
le
Conquest
de
la
Terre
.
Ice
les
meismes
que
le
Reis
Edward
sun
C●sin
tent
devant
luy
.
LL.
W.
fol.
159.
Hae
sunt
leges
&
consuetudines
quas
Will.
Rex
concessit
universo
Populo
Angliae
,
post
subactam
terram
.
Eaedem
sunt
quas
Edwardus
Rex
,
cognatus
ejus
,
observavit
ante
eum
.
In
English
thus
,
These
are
the
Laws
and
Customs
[
](A46988-e89130-b)(z)
(z)
LL.
W.
1.
p.
170.
which
William
the
King
granted
to
all
his
People
of
England
after
the
subduing
of
the
Land
.
They
are
the
same
which
Edward
the
King
his
Kinsman
before
him
observed
.
In
this
Preface
we
have
only
to
note
,
that
the
Laws
are
expresly
said
to
be
the
Kings
Grant
,
and
the
Supplemental
Laws
(
after
the
50th
.
which
were
found
in
the
Croyland
Copy
)
being
writ
in
the
Red
Book
of
[
](A46988-e89210-b)(z)
(z)
LL.
W.
1.
p.
170.
the
Exchequer
,
are
by
way
of
Charter
or
Grant
,
thus
,
Will
.
Rex
Anglorum
,
&c.
omnibus
hominibus
suis
Francis
&
Anglis
salutem
,
and
all
along
the
Authoritative
parts
expressed
by
statuimus
,
volumus
,
interdicimus
,
prohibemus
,
praecipimus
,
decretum
est
.
The
Terms
used
by
the
Conqueror
in
Law-giving
.
The
expressions
Authors
use
concerning
his
Laws
,
whereby
the
absolute
Soveraignty
of
the
Conquerour
in
the
point
of
Law-giving
is
manifested
,
are
to
be
found
in
all
those
who
have
writ
of
his
Life
;
I
shall
content
my self
with
a
few
.
Ordericus
[
](A46988-e89320-b)(a)
(a)
Fol.
853.
Vitalis
saith
,
eamque
,
i.
e.
England
,
Gulielmus
Rex
suis
Legibus
commode
subegit
;
that
he
subdued
,
or
rather
subjected
England
profitably
to
his
Laws
.
Eadmer
[
](A46988-e89400-b)(b)
(b)
Hist
,
Nov.
fol.
6.
num.
10
,
20
,
30.
Vsus
atque
leges
quas
patres
sui
&
ipse
in
Normannia
solehant
,
in
Anglia
scrib●re
volens
—
Cuncta
divina
simul
&
humana
ejus
nutum
expectabant
.
Edit.
Gal.
de
Moulins
.
saith
,
That
King
William
designing
to
establish
in
England
those
Usages
,
and
Laws
,
which
his
Ancestors
,
and
he
observed
in
Normandy
,
&c.
all
Divine
and
Humane
Things
he
ordered
at
his
pleasure
.
The
Chronology
of
Rouen
saith
,
Leges
quas
in
hunc
diem
Angli
observant
,
idiomate
Normanico
promulgavit
,
The
Laws
which
at
this
day
the
English
observe
,
he
published
in
the
Norman
Language
.
Mr.
Camden
saith
,
[
](A46988-e89560-b)(c)
(c)
Britan.
fol.
109.
That
William
the
Conquerour
,
as
a
token
of
his
Victory
,
laid
aside
the
greatest
part
of
the
English
Laws
,
and
brought
in
the
customs
of
Normandy
,
and
commanded
Pleadings
to
be
in
French
.
Jo.
Brompton
Abbat
of
Jorval
gives
us
an
account
of
the
proper
Laws
of
William
the
Conquerour
,
Brompton's
Account
of
the
proper
Laws
of
the
Conqueror
.
which
he
recites
under
four
Heads
,
and
they
are
only
concerning
Pleas
de
examine
Forensi
;
and
Mr.
Selden
gives
this
Character
of
him
,
that
he
was
Diligentissimus
rerum
nostrarum
,
maxime
autem
Legum
vetustiorum
Indagator
.
These
are
by
way
of
Mandate
,
thus
,
W.
Dei
gratia
Rex
Anglorum
,
omnibus
ad
quos
scriptum
hoc
perveniat
,
salutem
,
Mando
,
&
Praecipio
per
totam
Anglicam
Nationem
custodiri
.
As
to
the
constituent
Parts
of
the
Great
Councils
in
the
Conquerour's
time
,
in
many
of
them
we
have
many
Bishops
names
,
The
Members
of
the
Great
Councils
in
the
Conqueror's
time
.
and
no
others
,
not
so
much
as
the
Principes
,
Primates
,
or
Magnates
in
general
.
Anno
1071.
5
W.
1.
the
Plaint
of
[
](A46988-e89820-b)(d)
(d)
Rad.
de
Diceto
,
col.
483.
num.
30.
Concil.
tom.
2.
fol.
4.
Wulstan
Bishop
of
Worcester
is
said
to
be
ended
in
Concilio
celebrato
in
loco
qui
vocatur
Pedreda
coram
Rege
&
Doroberniae
Archiepiscopo
,
&
Primatibus
totius
Regni
;
before
the
King
,
the
Archbishop
of
Canterbury
,
and
the
Nobility
or
Prime
Persons
of
the
whole
Kingdom
.
The
Election
of
[
](A46988-e89920-b)(e)
(e)
Gervas
.
Dorobern
.
col.
1653.
lin.
5.
Lanfranc
Archbishop
of
Canterbury
,
about
this
time
,
or
the
year
before
,
is
said
to
be
thus
,
the
Seniors
of
the
said
Church
electing
him
,
cum
Episcopis
ac
Principibus
,
Clero
&
Populo
Angliae
,
in
Curia
Regis
in
Assumptione
Sanctae
Mariae
.
Here
the
Episcopi
&
Principes
,
Bishops
and
Princes
,
the
Cleri
&
Populus
,
the
Clergy
and
People
or
Laity
were
the
same
persons
,
and
only
expressive
of
one
another
.
In
the
Charter
[
](A46988-e90020-b)(f)
(f)
MS.
in
Bibl.
Cotton
.
sub
essigie
Vespas
.
A.
19.
e
Chron.
Rad.
de
Diceto
.
Spelm.
Concil.
Tom.
2.
fol.
14.
of
William
the
Conqueror
,
Anno
1077.
11
Regni
,
after
the
Names
of
several
Archbishops
,
Bishops
,
Earls
,
and
other
Seniors
,
Robert
de
Oyley
,
Hamo
dapifer
signed
it
,
many
illustrious
Persons
and
Princes
of
divers
Orders
,
saith
the
Author
,
being
omitted
:
Then
is
added
,
His
etiam
illo
tempore
a
Regia
potestate
è
diversis
Provinciis
&
Vrbibus
,
to
this
Universal
Synod
at
Westminster
were
called
.
In
this
the
[
](A46988-e90130-b)(g)
(g)
Fol.
651.
lin.
22.
Principes
diversi
Ordinis
,
were
the
great
dignified
Clergy
,
and
the
Temporal
Nobility
,
which
is
explained
by
Florence
of
Worcester
,
speaking
of
such
a
like
Convention
.
3
H.
1.
Rex
fuit
apud
Westmonasterium
&
eo
omnes
Principes
Regni
Ecclesiastici
&
secularis
Ordinis
:
and
[
](A46988-e90210-b)(h)
(h)
Fol.
67.
B.
20.
Anno
1102.
3
H.
1.
Eadmer
,
of
this
very
great
Council
,
3
H.
1.
says
,
Primates
Regni
utriusque
Ordinis
huic
conventui
affuerunt
;
that
is
,
The
Princes
or
great
Men
of
the
Clergy
and
Laity
,
which
were
no
other
but
the
Archbishops
,
Bishops
,
Abbats
and
Priors
of
the
one
Order
,
and
the
Dukes
,
Earls
,
Barons
,
and
greater
Tenents
in
Capite
of
the
other
;
and
for
the
expression
,
è
diversis
Provinciis
&
Vrbibus
,
[
](A46988-e90310-b)(i)
(i)
Fol.
302.
Doctor
Brady
hath
sufficiently
explained
it
in
his
Answer
to
the
Argumentum
Anti-Normanicum
.
In
a
Charter
of
this
King
,
for
changing
the
[
](A46988-e90360-b)(k)
(k)
Monast.
vol.
1.
fol.
44.
Anno
1084.
18
W.
Conqu
.
Canons
of
Duresm
into
Monks
,
it
is
said
,
Haec
Charta
confirmata
est
apud
Westmonasterium
in
Concilio
meo
,
Anno
Regni
18.
praesentibus
omnibus
Episcopis
&
Baronibus
meis
.
In
the
Charter
of
the
same
[
](A46988-e90450-b)(l)
(l)
Spelm.
Concil.
tom.
2.
fol.
14.
e
MS.
penes
Dec.
&
Capit.
B.
Pauli
Lond.
A.
fol.
1
,
2.
King
about
separating
of
Ecclesiastic
Pleas
from
Civil
,
it
is
thus
expressed
,
William
by
the
Grace
of
God
,
King
of
England
,
to
R.
Bainard
,
G.
de
Magnavilla
,
and
P.
de
Valoines
,
and
all
his
Fideles
of
Essex
,
Hereford-shire
and
Middlesex
:
Know
they
and
all
other
his
Fideles
which
remain
in
England
;
that
he
hath
[
](A46988-e90580-b)(m)
(m)
Leges
quae
non
bene
,
&c.
Communt
Concilio
&
Concilio
Ar●●iepisct
porum
&
Epi
coporum
,
&
Abbatum
,
&
omnium
Principum
R●gni
mei
emendand
is
judi●avi
,
propterea
mando
&
Regia
Au●loritate
●racipio
,
&c.
thought
fit
,
with
his
Common
Council
,
and
the
Council
of
Archbishops
,
Bishops
and
Abbats
,
and
of
all
the
Princes
of
his
Kingdom
to
amend
the
Episcopal
Laws
,
which
were
neither
well
nor
according
to
the
command
of
the
Holy
Canons
before
his
time
,
observed
in
his
Kingdom
.
Therefore
he
saith
,
he
commands
,
and
by
his
Royal
Authority
enjoyns
,
that
no
Bishop
or
Arch-deacon
hold
their
Pleas
any
longer
in
the
Hundred
.
From
all
which
we
may
observe
,
Remarks
upon
what
before
is
laid
down
.
First
,
That
the
Conqueror
introduced
the
Feudal
Laws
of
the
Normans
,
and
according
to
them
disposed
of
the
Lands
of
the
conquered
Saxons
,
to
be
held
of
his
Norman
Followers
,
and
that
he
brought
in
several
others
of
the
Laws
and
Customs
of
his
Country
.
Secondly
,
That
he
difficultly
granted
to
his
People
the
Laws
of
King
Edward
,
and
those
he
amended
at
his
pleasure
;
and
all
that
he
either
confirmed
or
established
,
he
did
by
his
Royal
Prerogative
,
using
the
single
Person
in
the
Sanction
of
them
;
and
the
Imperative
in
the
commanding
or
forbiding
:
and
those
Laws
which
properly
may
be
called
his
own
,
were
by
way
of
Charter
or
Mandate
;
and
in
the
Councils
purely
Ecclesiastical
,
the
King
summoned
them
,
as
is
apparent
in
[
](A46988-e90680-b)(n)
(n)
Annal.
Binaiae
,
tom.
3.
part.
2.
fol.
249.
Hoveden
,
where
he
saith
,
eodem
Anno
,
i.
e.
10703
Regni
Concilium
magnum
in
Octavis
Paschae
Wintoniae
celebratum
est
,
jubente
&
praesente
Rege
W.
&c.
of
which
more
below
.
The
great
Selden
notes
as
the
Members
of
the
Great
Council
in
the
time
of
the
Norman
Kings
,
for
the
Barons
,
such
as
had
13
Knights
Fees
and
a
third
part
:
His
words
are
,
Interfuere
Parliamentis
sub
Normannorum
tempora
quotquot
13
Feudis
Militaribus
&
3
unius
parte
investiti
Barones
,
ab
amplis
praediis
ita
dicti
.
Jan.
Ang.
p.
139.
Thirdly
,
There
are
no
Members
of
these
great
Councils
mentioned
,
but
the
Archbishops
,
Bishops
and
Abbats
,
for
the
Clergy
,
and
the
Optimates
and
Principes
for
the
Laity
.
Fourthly
,
That
though
the
sole
Power
of
enacting
Laws
was
in
himself
,
yet
he
used
the
Advice
of
his
Common
Council
of
his
Kingdom
;
as
is
expressed
in
the
55th
.
Law
,
thus
,
Prout
statutum
est
eis
&
illis
a
nobis
datum
&
concessum
jure
haereditario
in
perpetuum
,
per
Commune
Concilium
totius
Regni
nostri
praedicti
;
which
Commune
Concilium
consisted
of
the
Bishops
,
Abbats
,
Earls
,
Barons
and
principal
Tenents
in
Capite
,
as
is
every
where
clear
,
no
Commons
having
Vote
,
or
otherwise
represented
.
Lastly
,
[
](A46988-e90930-b)(o)
(o)
Hist.
Novel
.
p.
6.
num.
30.
Non
sinebat
quicquam
statuere
ant
prohibere
nisi
quae
suae
voluntati
accommoda
&
a
se
primo
essent
ordinata
.
Eadmer
tells
us
,
That
when
the
Archbishop
of
Canterbury
presided
in
a
general
Council
of
the
Bishops
,
the
King
permitted
him
not
to
appoint
or
forbid
any
thing
,
but
such
things
as
were
agreeable
to
his
will
,
and
by
himself
were
first
ordained
.
Also
he
saith
in
all
his
Dominions
,
he
would
allow
no
Bishop
of
Rome
to
be
accounted
Apostolic
,
but
whom
he
commanded
to
be
received
;
nor
any
to
receive
his
Bulls
or
Breves
,
unless
they
were
first
shown
to
him
.
I
have
in
the
beginning
of
this
Chapter
spoken
something
of
the
Mutations
that
William
the
Conqueror
made
in
the
Constitution
of
the
Government
of
England
;
concerning
which
I
shall
only
note
,
That
the
Conqueror
took
all
the
care
(
that
a
great
Commander
and
Conqueror
of
a
great
Nation
could
do
)
for
securing
his
Conqests
[
](A46988-e91020-b)(p)
(p)
Pictav
.
fol.
197.
C.
Ingulph.
512.
a
lin
.
7.
What
the
Conqueror
did
to
secure
his
Conquest
.
by
building
Fortresses
and
Castles
within
the
City
of
London
,
and
placing
Norman
Garrisons
and
French
Governours
or
Castellanes
in
the
Castles
in
the
Country
,
and
giving
them
great
Estates
,
and
carrying
the
chief
of
the
English
Nobility
with
him
as
Hostages
into
Normandy
,
and
imposed
his
Laws
,
as
Pictavensis
relates
;
[
](A46988-e91130-b)(q)
(q)
Id.
fol.
2●6
a.
207
c.
2●8
a.
b.
and
though
he
,
who
was
Chaplain
to
the
Conqueror
,
speak
of
the
Conqueror's
smooth
behaviour
to
the
English
,
ordering
things
as
he
saith
,
prudently
,
justly
and
mildly
;
some
to
the
Profit
and
Dignity
of
the
City
;
some
to
the
advantage
of
the
whole
Nation
;
and
other
some
to
the
benefit
of
the
Churches
of
the
Land
:
and
whatever
Laws
he
dictated
,
he
established
with
excellent
reason
;
and
adds
,
That
no
French-man
[
](A46988-e91220-b)(r)
(r)
Nulli
tamen
Gallo
datum
est
quod
Anglo
●uiquam
injuste
fuecit
ablatum
.
Idem
,
fol.
208.
c.
had
any
thing
given
him
,
which
was
unjustly
taken
from
any
Englishman
,
(
which
last
,
Ordericus
Vitalis
omits
,
though
in
other
things
he
follows
Pictavensis
exactly
)
yet
Pictavensis
writing
but
to
the
Fourth
of
his
Reign
,
Anno
1070.
as
is
noted
by
Ordericus
,
we
must
look
upon
them
as
incompetent
Witnesses
of
the
severity
the
Conqueror
after
used
,
when
he
had
secured
his
Conquest
.
So
that
what
is
urged
by
some
,
of
the
Conqueror's
lenity
,
and
his
little
change
of
Laws
and
Government
,
is
to
be
understood
of
those
times
while
he
was
unsafe
in
his
Conquests
,
and
doth
not
so
interfere
,
as
they
would
make
the
World
believe
,
How
he
comported
himself
after
he
had
secured
his
Conquest
.
with
the
assertion
of
those
,
who
from
credible
Authors
speak
of
his
treating
the
English
as
a
Conquered
People
.
For
Pictavensis
[
](A46988-e91350-b)(s)
(s)
Jure
Belli
possedit
.
fol.
206.
a.
saith
,
that
he
possessed
the
Country
by
the
rights
of
War
.
Ordericus
[
](A46988-e91380-b)(t)
(t)
Adjutoribus
suis
inclytas
Angliae
Regiones
distribuit
,
&
ex
insimis
Normannorum
Clientibus
Tribunos
&
Centuriones
ditissimos
erexit
.
Orderic
.
Vit.
251.
Vitalis
saith
,
That
having
circumvented
the
two
great
Earls
of
Mercia
,
and
slain
Edwin
,
and
imprisoned
Morcas
,
then
he
began
to
shew
himself
,
and
gave
the
best
Counties
of
England
to
his
Assistants
;
and
of
the
lowest
of
the
Norman
Clients
,
or
very
mean
People
,
he
made
very
rich
Colonels
and
Captains
,
as
he
particularizes
there
;
and
in
another
[
](A46988-e91460-b)(u)
(u)
Fundos
eorum
cum
omnibus
divitiis
obtin●imus
.
Id.
fol.
853.
place
,
That
having
overthrown
by
Force
and
Arms
the
English
Saxons
,
they
obtained
their
Lands
and
all
their
Riches
.
Malmsbury
[
](A46988-e91510-b)(w)
(w)
Malmsb.
fol.
52.
a.
num.
40.
Vix
aliquis
Princeps
de
progenie
Anglorum
esset
in
Anglia
,
sed
omnes
ad
servitutem
&
moerorem
redacti
essent
,
ita
ut
Anglieum
vocari
opprobrjum
.
saith
,
That
there
was
no
Englishman
Duke
,
or
Bishop
,
or
Abbat
,
but
Strangers
do
gnaw
the
Riches
,
and
very
Bowels
of
England
.
So
[
](A46988-e91560-b)(x)
(x)
Hen.
Hunt.
fol.
210
b.
num
.
10.
About
the
continuing
the
English
Saxons
,
but
changing
their
Tenures
,
Services
,
&c.
Hen.
of
Huntingdon
saith
,
there
was
scarce
any
Prince
of
the
Progenie
of
the
English
,
but
all
are
reduced
to
Servitude
and
Sorrow
;
so
that
it
is
a
disgrace
to
be
called
an
Englishman
:
and
Gervase
of
Canterbury
saith
,
That
he
used
both
Ecclesiastick
and
Secular
Rights
or
Laws
as
he
pleased
,
tam
Ecclesiastica
Jura
quam
secularia
sibi
usurpavit
.
As
to
King
William's
displacing
of
the
Saxons
,
I
find
in
the
Transcript
of
Doomsday-Book
that
I
have
for
Yorkshire
,
that
very
many
enjoyed
the
same
Lands
they
did
in
Edward
the
Confessors
time
;
but
I
remember
no
where
that
I
do
not
find
them
hold
of
some
Norman
Lords
,
which
is
agreeable
to
what
Dr.
Brady
writes
;
but
I
refer
the
Discourse
of
those
to
my
Antiquities
of
Yorkshire
,
if
God
give
me
life
and
ability
to
publish
them
.
As
to
the
Conqueror's
changing
the
holding
of
Lands
here
,
to
the
[
](A46988-e91790-b)(y)
(y)
Spelman
.
Gloss.
Feodam
.
Feudal
Tenure
used
in
Normandy
(
begun
by
the
Germans
,
Longobards
,
Francks
and
others
,
and
of
which
something
seems
to
be
hinted
in
the
English
Saxon
Laws
)
all
Authors
do
conclude
,
that
the
Conqueror
brought
the
exacter
use
,
at
least
,
of
them
into
England
,
and
divided
the
whole
Land
into
several
Knights-fees
,
whereof
there
are
reckoned
700
Tenants
in
Capite
,
besides
Bishops
,
Abbats
,
Priors
and
great
Church-men
;
and
the
Laws
of
King
Edward
that
the
Conqueror
permitted
to
be
used
,
were
either
most
of
them
Penal
Laws
,
from
which
he
got
profit
,
or
such
as
are
properly
his
own
,
and
were
efficacious
for
the
preservation
of
the
Peace
,
and
establishment
of
Government
,
as
the
52
,
55
,
56
,
58
,
59
,
64.
whereof
the
55
,
58
,
and
59.
are
Feudal
.
How
William
the
Conqueror
brought
in
his
other
Norman
Laws
,
Dr.
Brady
in
his
Preface
to
the
Norman
Story
,
hath
at
large
discoursed
;
so
that
in
Justice
I
must
refer
the
Curious
Reader
to
his
elaborate
work
,
and
to
Mr.
Selden
in
his
Second
Book
of
his
Janus
Anglorum
.
Of
the
Great
Councils
in
William
the
Second's
time
.
IN
the
Reign
of
William
Rufus
we
find
few
Great
Councils
.
So
that
Anselm
Archbishop
of
Canterbury
complains
[
](A46988-e92020-b)(a)
(a)
Eadmer
.
Hist.
Nov.
lib.
1.
fol.
24.
lin.
8.
to
him
(
when
he
was
preparing
to
pass
into
Normandy
)
that
since
he
was
King
,
there
had
been
no
General
Council
of
the
Bishops
,
nor
of
several
years
before
,
so
that
Christianity
was
much
decayed
.
The
first
great
Council
I
have
met
with
,
is
that
of
Winchester
.
[
](A46988-e92090-b)(b)
(b)
Idem
,
fol.
20.
num.
30.
Anno
D.
1093.
5
W.
Rusi
.
The
Contest
betwixt
William
the
Second
and
Anselm
.
This
Council
is
only
thus
expressed
,
Rex
adunato
Wintoniae
conventu
Nobilium
,
without
specifying
either
Ecclesiasticks
or
Laicks
.
In
this
Council
the
King
declared
Anselm
Archbishop
,
and
he
did
Homage
to
him
.
[
](A46988-e92200-b)(c)
(c)
Idem
,
p.
26.
num.
10.6
Gul.
2.
This
Anselm
sought
leave
of
the
King
that
he
might
go
to
Rome
,
to
receive
the
Pall
from
Pope
Vrban
,
whom
the
King
did
not
own
for
Pope
,
but
Clement
.
This
and
some
other
Matters
occasioned
sharp
words
and
unkindness
from
the
King
to
Anselm
;
the
King
absolutely
denying
him
liberty
to
go
,
telling
him
,
that
he
owned
not
Vrban
pro
Apostolico
,
and
that
it
had
neither
been
his
,
nor
his
Fathers
custom
,
that
any
should
own
[
](A46988-e92310-b)(d)
(d)
Paternae
consuetudinis
eatenus
extitisse
,
ut
praeter
suam
licentiam
,
aut
electionem
aliquis
in
Regno
Angliae
Papam
nominaret
,
&
quicunque
sibi
hujus
dignitatis
potestatem
vellet
praeripere
,
unum
foret
ac
si
coronam
suam
sibi
conaretur
auferre
.
Idem
num.
50.
any
Pope
in
the
Kingdom
of
England
,
without
his
Licence
or
Election
;
and
whoever
would
take
from
him
this
Power
of
his
Dignity
,
did
the
same
as
if
he
endeavoured
to
despoil
him
of
his
Crown
.
But
Anselm
persisted
,
that
he
had
declared
(
before
he
would
consent
to
be
Bishop
,
while
he
was
Abbat
of
Becc
)
that
he
received
Vrban
for
Pope
,
neither
that
he
would
in
any
manner
depart
from
his
Obedience
and
Subjection
.
At
which
the
King
was
very
angry
,
protesting
,
that
Anselm
could
not
against
the
Kings
good
pleasure
keep
his
Faith
which
he
owed
to
him
,
and
his
Obedience
to
the
Apostolick
See
.
So
Anselm
(
saving
his
Reason
or
Argument
which
he
declared
concerning
his
Subjection
and
Obedience
to
the
Roman
Church
)
desired
Respite
for
the
examining
the
Matter
in
Question
,
till
it
might
be
defined
by
common
consent
(
the
Bishops
,
Abbats
,
and
all
the
Princes
of
the
Kingdom
meeting
together
)
whether
(
saving
his
Reverence
and
Obedience
to
the
Apostolick
See
)
he
could
keep
his
Faith
to
his
Earthly
Prince
;
The
Question
moved
,
Whether
Archbishop
Anselm
could
keep
his
●aith
to
th●
King
.
saving
his
Obedience
to
the
Apostolick
See
?
and
if
it
be
proved
that
both
of
them
could
not
be
done
,
he
had
rather
depart
the
Kings
Land
,
till
the
Pope
was
owned
,
than
for
an
Hour
deny
Obedience
to
St.
Peter
and
his
Vicar
.
Then
it
follows
,
Idem
,
num.
10.
Dantur
ergo
Induciae
,
atque
ex
Regia
Sanctione
ferme
totius
Regni
Nobilitas
5.
Id.
Martii
pro
ventilatione
istius
causae
in
unum
apud
Rochingheham
exit
.
The
Convention
was
on
Sunday
in
the
Church
of
the
Castle
,
The
King
,
and
those
[
](A46988-e92500-b)(e)
(e)
Rege
&
suis
secretius
in
Anselmum
Concilium
stu●iese
texentibus
;
Anselmus
autem
,
Episcopis
,
Abbatibus
,
&
Principibus
ad
se
a
Regio
secreto
vocatis
.
that
were
of
the
Kings
part
,
secretly
and
studiously
contriving
their
Councils
against
Anselm
;
then
follows
a
plain
description
,
who
they
were
that
constituted
this
Great
Council
,
Anselmus
autem
Episcopis
,
Abbatibus
&
Principibus
ad
se
a
Regio
,
secreto
vocatis
,
Anselm
calling
the
Bishops
,
Abbats
and
Princes
to
himself
from
the
Kings
Secret
Council
,
or
from
the
Consultation
they
had
with
the
King
.
By
these
I
conceive
we
may
understand
the
constituent
Parts
of
this
Great
Council
.
Then
follows
,
eos
&
assistentem
Monachorum
,
Clericorum
,
Laicorum
numerosam
multitudinem
hac
voce
alloquitur
;
Anselm
makes
his
Speech
to
those
,
that
is
,
to
the
Bishops
,
Abbats
and
Princes
,
and
likewise
to
the
numerous
multitude
of
Monks
,
Clerks
and
Laicks
there
present
,
standing
or
sitting
there
as
Auditors
,
not
Assessors
,
as
the
sequel
will
show
.
[
](A46988-e92560-b)(f)
(f)
Id.
num.
30
,
40
,
50.
He
tells
them
how
he
was
forc'd
to
leave
his
Country
,
by
reason
of
the
Kings
desire
,
that
Council
being
taken
,
it
pleased
the
King
and
them
to
chuse
him
,
and
that
then
he
declared
for
Pope
Vrbane
,
and
then
tells
them
the
straits
he
was
in
,
as
before
related
,
and
so
desired
their
Counsel
,
and
prays
them
all
,
especially
,
his
Brethren
and
Co-Bishops
to
give
him
advice
.
The
[
](A46988-e92600-b)(g)
(g)
Id.
fol.
27.
num.
10.
Bishops
tell
him
,
They
would
advise
him
to
submit
to
the
King
in
all
things
as
they
were
ready
to
do
;
but
if
he
commanded
,
they
would
acquaint
the
King
with
his
Discourse
,
and
return
his
Answer
;
and
the
King
[
](A46988-e92630-b)(h)
(h)
Anselmus
ad
hospitium
suum
,
Curiam
manere
petiturus
,
reverteretur
.
ordered
,
that
all
things
should
be
deferred
till
the
next
day
,
because
that
was
Sunday
,
and
Anselm
should
return
to
his
Lodging
,
he
being
about
to
petition
that
the
Court
might
remain
;
unless
the
words
are
to
be
read
,
curiam
mane
repetiturus
,
he
to
return
to
the
Court
in
the
Morning
;
because
the
following
words
are
,
Factum
est
ita
,
&
mane
juxta
condictum
reversi
sumus
,
It
was
so
done
,
and
in
the
Morning
according
to
agreement
we
returned
.
Then
it
follows
,
Anselmus
in
medio
Procerum
&
conglobatae
multitudinis
sedens
,
ita
orsus
est
,
Si
juxta
quod
a
vobis
Domini
Fratres
hesterno
die
consilium
de
praesenti
causa
petivi
,
vel
nunc
dare
velletis
,
acciperem
;
Anselm
sitting
in
the
midst
of
the
Nobles
,
and
the
encompassing
multitude
,
begun
thus
,
If
you
my
Lords
and
Brothers
will
give
me
counsel
about
the
present
Cause
,
as
I
Yesterday
desired
or
petitioned
,
I
will
receive
it
.
In
which
we
may
observe
,
that
he
applies
himself
principally
to
the
Clergy
,
unless
we
read
the
words
disjunctively
,
Domini
,
Fratres
,
as
we
shall
presently
find
he
doth
.
They
give
him
the
same
Answer
they
did
the
day
before
,
That
he
should
submit
to
the
Pleasure
of
the
King
:
but
if
he
,
according
to
God
,
expected
Counsel
from
them
,
which
might
in
any
thing
gainsay
the
Kings
Will
,
it
would
be
labour
in
vain
;
for
they
would
not
assist
him
in
it
.
Then
Anselm
lifting
up
his
Eyes
aloft
,
with
a
lively
Countenance
,
and
a
reverend
Voice
,
speaks
to
them
thus
;
Cum
nos
qui
Christianae
Plebis
Pastores
,
&
vos
qui
Populorum
Principes
vocamini
:
When
we
that
are
the
Pastors
of
the
Christian
People
,
and
you
that
are
called
the
Princes
of
the
People
will
give
me
Counsel
,
not
otherwise
than
according
to
the
Will
of
one
Man
,
your
Prince
;
I
will
run
to
the
chief
Pastor
and
Prince
of
all
,
to
the
Angel
of
the
Great
Council
,
&c.
In
which
we
may
observe
,
to
my
purpose
,
In
this
Contest
is
discovered
who
were
the
Members
of
the
Great
Councils
.
that
he
divides
this
Curia
,
or
Great
Council
,
into
two
parts
,
the
Pastors
of
the
People
,
or
the
Bishops
and
Abbats
,
and
the
Princes
of
the
People
:
so
as
here
are
no
Commons
,
as
in
the
acceptance
of
the
word
in
this
and
later
Ages
they
are
understood
.
For
the
Multitudo
here
mentioned
,
are
to
be
taken
to
be
Spectators
,
who
flocked
to
hear
the
Cause
,
as
in
other
Courts
;
and
even
at
this
day
,
upon
the
hearing
of
Appeals
at
the
Bar
of
the
House
of
Lords
,
it
is
usual
for
many
to
croud
in
as
far
as
the
Bar.
That
these
Great
Councils
met
where
the
King
kept
his
Court
at
Christmas
,
Easter
and
Whitsontide
,
by
custom
,
often
is
mentioned
in
our
Histories
,
and
needs
no
further
Proof
than
what
Doctor
Brady
hath
produced
;
therefore
upon
this
occasion
of
Archbishop
Anselm
,
I
shall
only
relate
what
Eadmerus
saith
,
Great
Council
at
Pentecost
de
more
.
That
he
attended
the
King
at
Pentecost
,
sometimes
at
Dinner-time
,
when
he
made
his
great
Feasts
,
and
other
times
during
the
Holidays
,
to
try
if
the
King's
Mind
was
altered
,
but
found
no
change
.
[
](A46988-e92890-b)(i)
(i)
Peractis
igitur
Festivioribus
di●bus
diversorum
negotiorum
causae
in
medium
duci
ex
more
coeperunt
.
Id.
p.
37.
num.
40.
Ann.
1096.
vel
1097.
Therefore
the
Festival-days
being
passed
,
the
causes
of
divers
affairs
according
to
custom
,
began
to
be
transacted
,
saith
my
Author
,
among
which
that
that
of
Anselm's
was
one
.
But
to
draw
to
a
Conclusion
of
this
King's
Reign
,
my
Author
clears
who
were
the
Members
of
the
Great
Councils
,
and
that
they
were
convened
at
the
King's
Pleasure
,
in
the
relating
that
in
the
following
[
](A46988-e92950-b)(k)
(k)
Mense
Augusto
cum
de
statu
Regni
acturus
Rex
,
Episcopos
,
Abbates
,
&
quosque
Regni
Proceres
in
unum
praecepti
sui
sanctione
egisset
,
&c.
Id.
p.
38.
num.
10.
Month
of
August
,
when
the
King
being
to
transact
things
concerning
the
State
of
the
Kingdom
,
by
his
Summons
had
convened
the
Bishops
,
Abbats
,
and
all
the
Noblemen
of
his
Kingdom
.
The
affairs
for
which
they
were
assembled
being
dispatched
,
and
every
one
prepared
to
return
home
;
Anselm
moves
again
his
Petition
,
and
in
October
,
when
the
Convention
was
dissolved
,
he
applied
himself
again
to
the
King
at
Winchester
.
Here
we
may
observe
that
it
was
the
King
,
The
King
solely
summons
the
Great
Councils
,
and
dismisseth
them
.
who
being
to
transact
things
about
the
State
of
the
Kingdom
,
by
the
Authority
of
his
Precept
or
Summons
,
called
together
the
Members
of
the
Great
Council
,
who
are
expresly
mentioned
to
be
the
Bishops
,
Abbats
,
and
all
the
Noblemen
of
the
Kingdom
.
Since
therefore
we
find
no
other
kinds
of
Great
Councils
in
any
Authors
that
write
of
this
King
,
we
may
conclude
,
the
Commons
were
no
ways
represented
in
any
of
them
.
Most
Authors
mention
this
King
with
no
good
Character
.
One
old
Writer
saith
,
Omnis
jam
legum
sil●it
Justitia
,
causisque
sub
justitio
positis
,
sola
in
Principibus
imperabat
pecunia
.
Florent
.
Wigorn.
That
all
Justice
of
Laws
was
in
his
time
hushed
in
silence
,
and
Causes
being
put
in
a
Vacation
without
hearing
,
Money
alone
bore
sway
among
the
great
ones
.
Polydore
Virgil
will
have
the
right
or
duty
of
First-fruits
,
called
Annats
,
which
our
Kings
claimed
for
vacant
Abbies
,
and
Bishopricks
,
to
have
had
their
Original
from
King
William
Rufus
.
However
that
be
,
it
is
certainly
true
,
that
at
his
Death
the
Bishopricks
of
Canterbury
,
Winchester
,
and
Salisbury
,
and
twelve
Monasteries
besides
,
being
without
Prelates
and
Abbats
,
payed
in
their
Revenues
to
the
Exchequer
.
We
may
judge
likewise
of
his
burthensome
Exactions
,
Matt.
Paris
fol.
74.
Edit.
penult.
by
what
we
find
in
his
Brother
King
Henry
the
First
's
Charter
:
Wherein
he
saith
,
because
the
Kingdom
was
oppressed
with
unjust
Exactions
,
he
makes
the
Holy
Church
free
;
and
all
evil
Customs
,
wherewith
the
Kingdom
of
England
was
unjustly
oppressed
,
he
doth
henceforth
take
away
,
and
they
are
all
in
a
manner
,
mitigations
of
the
Severity
of
the
feudal
Tenor
,
as
any
one
may
see
in
Matthew
Paris
,
Mr.
Selden
,
and
Dr.
Brady
,
and
is
plain
by
the
very
first
concerning
the
Laity
,
That
if
any
one
of
my
Barons
,
Counts
,
or
others
that
hold
of
me
,
shall
dye
,
his
Heirs
shall
not
redeem
his
Lands
,
as
he
was
wont
to
do
in
the
time
of
my
Father
,
&c.
And
in
another
,
Praecipio
ut
homines
mei
similiter
se
contineant
erga
silios
,
&
silias
,
&
uxores
hominum
suorum
.
That
according
to
the
relaxation
he
had
made
to
his
Homagers
,
they
should
regulate
themselves
towards
the
Sons
,
Daughters
,
and
Wives
of
their
Homagers
.
Of
the
Great
Councils
in
King
Henry
the
First
's
time
.
COncerning
the
Great
Councils
in
King
Henry
the
First
's
time
,
as
also
till
Edward
the
First
's
time
,
I
must
refer
the
inquisitive
Reader
to
Dr.
Brady's
answer
to
Mr.
Petyt
in
the
respective
Kings
Reigns
,
and
to
his
Appendix
,
in
which
he
hath
amassed
out
of
Eadmerus
,
Simeon
Dunelmensis
,
Florentius
Wigornensis
;
Hoveden
,
Gervasius
Dorobernensis
,
Matt.
Paris
,
Malmsbury
,
and
other
Authentick
Writers
,
the
Emphatical
Expressions
,
by
which
the
constituent
Parts
of
the
Great
Councils
are
fully
proved
to
be
only
the
Bishops
,
Abbats
,
and
Priors
for
the
Clergy
:
or
the
great
Nobility
,
or
prime
Tenents
in
Capite
,
such
as
the
King
pleased
to
summon
under
the
names
of
Magnates
,
Comites
,
Proceres
,
Principes
,
Optimates
,
Barones
,
or
Sapientiores
Regni
,
expresly
used
for
Barones
.
Where
the
Populus
is
used
by
way
of
Antithesis
,
as
contradistinct
from
the
Clerus
,
and
where
Regni
Communitas
,
or
Ingenuitas
is
used
;
the
same
Doctor
Brady
by
pregnant
Proof
,
puts
it
beyond
dispute
,
that
none
of
the
Commons
,
as
now
we
understand
them
,
could
be
meant
as
Representatives
.
So
that
though
I
had
collected
a
considerable
number
of
such
Proofs
,
e're
I
saw
the
Learned
Doctor
's
Book
,
I
shall
now
wave
them
all
,
and
only
add
in
every
King's
Reign
some
few
that
he
hath
omitted
,
or
wherein
something
remarkable
,
relating
to
the
King's
Soveraignty
,
or
the
manner
of
constituting
Laws
,
is
found
by
him
noted
,
or
as
I
have
met
with
them
in
my
Reading
.
In
the
third
of
Henry
the
First
,
in
the
Feast
of
St.
[
](A46988-e93460-b)(a)
(a)
Omnes
Princip●s
Regni
sui
Ecclesiastici
&
Secularis
Ordinis
.
Flor.
Wigorn.
Anno
1102.
3
H.
1.
Michael
(
saith
the
Monk
of
Worcester
)
the
King
was
at
London
,
and
with
him
all
the
Princes
of
his
Kingdom
of
the
Ecclesiastick
and
Secular
Order
:
and
of
the
same
Council
Malmsbury
saith
,
The
King
bidding
[
](A46988-e93540-b)(b)
(b)
Ipso
Rege
annuente
communi
consensu
Episcoporum
,
Abbatum
&
Principum
totius
Regni
adunatum
est
Conciltum
.
De
Gest.
Pontif.
Anno
1102.
or
willing
with
the
common
Consent
of
the
Bishops
,
and
Abbats
,
and
Princes
of
the
whole
Kingdom
,
the
Council
was
united
:
and
this
being
mostly
about
Ecclesiastick
affairs
,
it
is
added
that
in
this
Council
the
Optimates
Regni
,
at
the
Petition
of
Anselm
were
present
;
and
gives
the
reason
,
For
that
whatever
might
be
decreed
by
Authority
of
the
Council
,
might
be
maintained
firmly
by
the
mutual
care
of
both
orders
.
Whereby
we
may
note
the
Obligation
upon
Subjects
of
both
Orders
,
to
observe
the
Laws
once
enacted
by
the
King
and
Council
.
Anno
1107.
7
H.
1.
Matth.
Paris
saith
,
[
](A46988-e93620-b)(c)
(c)
Factus
est
conventus
Episcoporum
&
Abbatum
pariter
&
Magnatum
ad
Ann.
&c.
there
was
a
convention
of
the
Bishops
and
Abbats
,
as
likewise
of
the
Magnates
,
i.
e.
Noblemen
,
at
London
in
the
King's
Palace
,
Archbishop
Anselm
being
President
.
To
which
the
King
assented
,
and
speaking
of
what
was
established
,
he
saith
,
Rex
statuit
.
To
him
Hoveden
agrees
;
only
what
the
one
calls
Magnates
,
the
other
calls
Proceres
.
The
Manuscript
of
Croyland
[
](A46988-e93730-b)(d)
(d)
Tum
Episcoporum
&
Abbatum
totius
Cleri
Angliae
;
by
which
must
be
understood
the
great
dignified
Clergy
.
Sub
Wifrido
Abbate
,
p.
104.
saith
,
The
same
Year
the
King
giving
manifold
thanks
to
God
for
the
Victory
he
had
given
him
over
his
Brother
Robert
,
and
other
Adversaries
,
appointed
a
famous
Council
at
London
,
as
well
of
the
Bishops
and
Abbats
of
the
whole
Clergy
of
England
,
as
of
the
Earls
,
Barons
,
Optimatum
&
Procerum
totius
Regni
.
In
this
Council
the
King
[
](A46988-e93790-b)(e)
(e)
Remisit
,
libere
concessit
,
integre
promisi●
.
remitted
,
freely
granted
,
and
fully
promised
,
the
Investiture
by
Ring
and
Staff
,
and
freely
left
the
Election
of
the
Prelates
to
their
respective
Churches
.
By
which
we
may
not
only
note
who
made
up
this
Great
Council
,
but
that
the
enacting
part
was
solely
the
King's
Grant
.
The
Charter
[
](A46988-e93810-b)(f)
(f)
Lib.
rub
.
Scaccar
.
Twysden
LL.
Id.
1.
p.
175.
of
Henry
the
First
was
made
before
the
Eighteenth
of
his
Reign
,
in
which
he
saith
,
because
his
Kingdom
was
oppressed
with
unjust
Exactions
;
in
[
](A46988-e93850-b)(g)
(g)
Ego
respectu
Dei
&
amore
quem
erg●
vos
habeo
.
Matt.
Paris
fol.
292.
num.
10.
See
the
Explanation
of
this
Charter
,
Brady's
Argum.
fol.
265.
and
Selden's
Epinomis
.
respect
of
God
,
and
the
Love
which
he
hath
to
his
Subjects
,
he
makes
the
Holy
Church
free
,
and
so
proceeds
in
the
rest
of
his
Laws
,
by
way
of
single
Grant
,
and
Prohibition
.
Anno
1127.
28
H.
1.
[
](A46988-e93940-b)(h)
(h)
Rex
—
auditis
Concilii
gestis
consensum
praebuit
.
Authoritate
Regia
&
potestate
concessit
,
&
consirmavit
statuta
Concilii
.
Continuat
.
Florent
.
Wigorn
.
p.
503.
W.
Archbishop
of
Canterbury
gathered
a
General
Council
of
all
the
Bishops
,
Abbats
,
and
Religious
Persons
,
and
at
the
close
of
the
Acts
it
is
said
,
That
the
King
being
at
London
,
having
heard
the
Acts
of
the
Council
,
gave
his
consent
to
them
,
and
by
his
Kingly
Authority
and
Power
,
granted
and
confirmed
the
Statutes
of
the
Council
.
By
which
we
may
see
that
even
the
Constitutions
of
Ecclesiastical
Councils
required
the
Sovereign's
Confirmation
.
Of
the
Great
Councils
in
King
Stephen's
time
.
THat
he
was
an
Usurper
,
is
notoriously
known
.
His
first
great
Council
is
only
said
by
Malmsbury
to
be
gathered
at
London
,
[
](A46988-e94050-b)(a)
(a)
Coacto
magno
Episcoporum
,
Procerum
,
&
Abbatum
concilio
.
Fol.
92.
b.
num.
4.
consisting
of
Bishops
,
Nobles
,
and
Abbats
,
in
which
many
Ecclesiastical
and
Secular
Matters
were
ordained
.
Matthew
Paris
saith
,
That
he
having
gathered
at
London
the
Magnates
Regni
,
he
promised
the
bettering
of
the
Laws
according
to
the
will
[
](A46988-e94100-b)(b)
(b)
Juxta
voluntatem
&
arbi●rium
singulorum
.
Fol.
62.
num.
40.
and
pleasure
of
all
.
The
reason
of
which
compliance
of
this
King
was
,
for
that
he
was
set
up
and
Crowned
by
a
Faction
,
there
being
reckoned
by
Authors
none
of
Eminence
present
at
his
Coronation
,
but
the
Archbishop
of
Canterbury
,
the
Bishop
of
Winchester
,
and
Roger
of
Salisbury
his
Brother
,
no
Abbats
,
and
but
few
of
the
Nobility
,
they
having
all
sworn
[
](A46988-e94160-b)(c)
(c)
Malmsb.
Hist.
Novel
.
fol.
101.
b.
num.
16.
Fealty
to
Maud
the
Empress
in
Henry
the
first
's
life
time
,
though
he
in
the
following
Charter
saith
,
That
he
was
elected
King
,
Assensu
Cleri
&
Populi
.
But
to
proceed
,
King
Stephen
primo
Regni
at
Oxford
,
Anno
1136.
grants
the
Liberties
to
his
Subjects
by
way
of
Charter
,
[
](A46988-e94250-b)(d)
(d)
Ego
Stephanus
Dei
gratia
assensu
Cleri
,
&c.
omnes
exactiones
,
meschenningas
,
&
injustitias
sive
per
Vicecomites
vel
per
alios
quoslibet
male
inductas
funditus
extirpo
,
bonas
leges
&
antiquas
&
justas
consuetudines
,
&c.
observabo
,
&
observari
praecipio
&
constituo
.
Malmsb.
Hist.
Novel
.
p.
101.
b.
num.
20.
that
the
Church
be
free
,
and
he
confirms
due
Reverence
to
it
,
and
so
proceeds
to
recite
many
particular
Priviledges
to
it
:
and
as
to
his
Lay-Subjects
,
he
doth
utterly
root
out
all
exactions
,
misdeeds
,
and
injustices
evilly
brought
in
by
Sheriffs
or
any
others
;
That
he
will
observe
himself
,
and
appoints
and
constitutes
to
be
observed
the
good
Laws
,
and
antient
and
just
Customs
in
Hundreds
Pleas
,
or
other
matters
.
This
was
by
Charter
,
and
my
Author
saith
,
he
disdains
to
set
to
the
names
of
the
Witnesses
which
were
many
,
because
he
so
lightly
or
foolishly
changed
all
.
But
Richard
Prior
of
Hexham
closes
the
Charter
thus
,
[
](A46988-e94300-b)(e)
(e)
Ric.
Prior
H●gustald
.
col.
314.
num.
6.
Anno
1136.
1
Regni
.
The
King
grants
his
Charter
with
a
Salvo
.
Haec
omnia
concedo
&
confirmo
salva
Regia
&
justa
Dignitate
mea
.
By
which
Conclusion
it
is
apparent
,
the
King
reserved
to
himself
a
Latitude
to
use
his
Prerogative
,
and
some
are
of
opinion
,
Kings
cannot
by
any
Concessions
divest
themselves
of
that
;
but
I
want
Mittans
to
handle
such
noli
me
tangere's
of
the
Crown
.
What
I
have
further
to
add
concerning
this
Charter
is
,
That
the
Prior
of
Hexham
makes
it
granted
after
the
Popes
Confirmation
[
](A46988-e94400-b)(f)
(f)
Id.
313.
num.
30.
Note
,
That
all
Authors
think
strange
th●
Pope
should
●●●firm
and
so
countenance
King
Stephen
,
an
Usurper
.
of
him
(
in
which
,
if
ever
that
See
consulted
its
private
Interest
,
it
was
then
;
and
in
my
poor
Opinion
nothing
hath
more
discovered
the
Personal
failures
of
Popes
,
than
such
countenancing
of
Usurpers
)
my
Author
I
say
makes
it
to
be
passed
at
his
Parliament
at
Oxford
,
where
he
saith
,
he
celebrated
a
general
Council
,
&
Episcopos
&
Proceres
sui
Regni
regali
edicto
in
unum
convenire
praecepit
.
The
Witnesses
this
Author
sets
down
,
makes
it
[
](A46988-e94470-b)(g)
(g)
Id.
315.
num.
10.
appear
there
were
none
besides
the
Clergy
and
Barons
present
;
for
after
fourteen
Bishops
named
,
the
rest
of
the
Witnesses
are
,
Roger
the
Chancellor
,
Henry
Nephew
of
the
King
,
Robert
Earl
of
Gloucester
,
William
Earl
Warren
,
Ralph
Earl
of
Chester
,
Roger
Earl
of
Warwick
,
Rob.
de
Vere
,
Miles
de
Gloucester
,
Rob.
de
Olli
Briano
Filio
Comitis
Constab
.
Robert
de
Martel
,
Hugh
Bigot
,
Humfrid
de
Bohun
,
Simon
de
Bellocampo
,
Dapif
.
Rob.
de
Ferrers
,
William
Petrus
,
Simon
de
Silban●et
,
William
de
Albania
,
Hugh
de
Sancto
Claro
,
Ilbert
de
Lecsio
.
All
which
were
very
great
Barons
,
the
last
of
them
being
Heir
to
150
Knights
Fees
;
at
least
his
Grandfather
had
so
many
:
So
that
we
cannot
judge
the
Commons
by
any
Representation
were
present
.
The
other
great
Councils
of
this
King
are
to
be
found
in
the
Authors
[
](A46988-e94580-b)(h)
(h)
Flor
Wigorn.
Anno
1138.
fol.
668.
cited
in
the
Margent
;
That
at
Northampton
had
Turstin
Archbishop
of
York
president
,
and
the
rest
enumerated
are
Episcopi
,
Abbates
,
Comites
,
Barones
,
Nobiles
quique
per
Angliam
▪
That
of
the
sixteenth
[
](A46988-e94650-b)(i)
(i)
Hen.
Hunt
.
Anno
1151.
fol.
226.
mentions
only
the
Archbishop
of
Canterbury
,
Eustachius
the
King's
Son
,
&
Angliae
Proceres
;
in
the
[
](A46988-e94700-b)(k)
(k)
Chron.
Norm
.
Anno
1152.
Agreement
17
Regni
,
the
Conventus
was
Episcoporum
,
Comitum
,
&
aliorum
Optimatum
;
and
the
last
I
find
Anno
1154.
ultimo
Regni
(
e
)
is
cum
Episcopis
&
Optimatibus
;
[
](A46988-e94780-b)(l)
(l)
Jo.
Brompton
,
col.
1000.
num.
50.
never
any
Commons
represented
being
to
be
met
with
.
Of
the
Great
Council
in
King
Henry
the
Second's
Reign
.
THE
first
considerable
Act
of
State
that
I
find
Henry
the
Second
did
,
was
Anno
1154.
1
Reg.
That
he
gathered
his
General
Council
to
London
in
Lent
,
[
](A46988-e94900-b)(a)
(a)
Spelman
.
Concil.
Tom.
2.
fol.
54.
Congregavit
Concilium
generale
,
&
renovavit
pacem
&
leges
&
consuetudines
per
Angliam
ab
antiquis
temporibus
constitutas
.
he
renewed
Peace
and
the
Laws
and
Customs
of
antient
times
appointed
through
England
,
and
by
his
writing
and
Seal
confirmed
to
Bishops
and
Abbats
,
Charters
of
Priviledges
;
whose
Charter
runs
thus
,
Hen.
&c.
Baronibus
&
fidelibus
suis
Francis
,
&
Anglis
salutem
.
Sciatis
me
ad
Honorem
Dei
&
Sanctae
Ecclesiae
,
&
pro
communi
emendatione
Regni
mei
concessisse
&
reddidisse
,
&
praesenti
Charta
mea
confirmasse
,
&c.
and
so
confirms
the
Charter
of
King
Henry
the
First
his
Grand-father
.
As
to
the
Council
of
Clarendon
,
about
[
](A46988-e94990-b)(b)
(b)
Answer
to
Petyt
,
fol.
31.
ult.
Edit
.
See
Selden's
Correction
of
Matt.
Paris
,
in
his
Epinomis
.
Thomas
Becket
Archbishop
of
Canterbury
,
after
he
had
once
promised
,
and
his
after
refusing
to
set
to
his
Seal
in
Confirmation
of
the
Ancient
Laws
;
I
must
refer
the
Reader
to
what
Doctor
Brady
hath
collected
,
and
shall
only
touch
upon
that
of
[
](A46988-e95080-b)(c)
(c)
Matt.
Paris
,
fol.
84.
num.
20.
ult.
Edit.
Clarendon
Anno
1164.
10
Hen.
2.
where
those
present
by
the
King's
Mandate
,
were
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Earls
,
Barons
and
Noblemen
of
the
Kingdom
;
and
there
was
a
Recognition
of
parts
of
the
Customs
and
Liberties
of
King
Henry
the
King's
Grandfather
,
and
of
other
Kings
,
which
were
comprised
in
sixteen
Chapters
.
Concerning
the
Laws
of
this
King
,
see
Selden's
Epinomis
.
These
Matthew
Paris
calls
wicked
Customs
and
Liberties
;
because
they
subjected
the
Clergy-men
more
to
the
Crown
,
than
he
and
others
would
have
had
them
;
yet
he
saith
,
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Clergy
,
with
the
Earls
,
Barons
and
Nobility
,
swore
to
them
all
,
Proceres
.
and
promised
firmly
in
the
word
of
Truth
,
to
hold
and
observe
them
to
the
King
and
his
Heirs
,
in
good
Faith
,
and
without
Evil
,
and
then
adds
,
decrevit
etiam
Rex
:
by
which
it
appears
,
that
the
Members
of
the
Great
Council
did
not
only
assent
,
but
did
bind
themselves
by
Oath
and
solemn
Promise
,
obligatory
to
themselves
and
their
Posterity
,
to
keep
and
observe
them
;
and
upon
the
whole
it
is
the
King
that
decrees
,
appoints
and
constitutes
.
In
all
the
great
Councils
of
this
King
,
it
is
manifest
that
the
Members
were
only
such
as
in
former
Kings
Reigns
;
only
in
that
of
the
22
H.
2.
[
](A46988-e95220-b)(d)
(d)
Ben.
Abb.
p.
77.
Anno
Dom.
1176.
it
is
said
,
Rex
congregatis
in
urbe
Londoniarum
,
Archipraesulibus
,
&
Episcopis
,
&
Comitibus
,
&
Sapientioribus
Regni
sui
;
where
Sapientiores
are
instead
of
Barones
,
and
for
the
Kings
Summons
it
is
always
said
,
Rex
convocat
,
congregavit
,
praecepit
convenire
or
mandavit
,
as
is
most
expresly
said
in
that
great
Council
,
Anno
1177.
23
H.
2.
[
](A46988-e95320-b)(e)
(e)
Ben.
Abbas
,
p.
86.
That
the
King
sent
Messengers
through
the
whole
Isle
of
England
,
and
commanded
the
Archbishops
,
Bishops
,
Earls
and
Barons
of
all
England
,
that
they
should
be
with
him
at
London
,
the
next
Sunday
after
the
beginning
of
Lent
.
Of
the
Great
Councils
in
King
Richard
the
First
's
time
.
THere
are
few
great
Councils
met
withal
in
his
short
Reign
,
he
being
so
great
a
part
of
it
out
of
the
Kingdom
:
The
first
I
find
is
in
[
](A46988-e95430-b)(a)
(a)
Fol.
129.
num.
16
Matthew
Paris
Anno
1189.
1
Reg.
That
in
the
day
following
the
Exaltation
of
the
Holy
Cross
at
Pipewel
,
Archiepiscoporum
,
Episcoporum
,
&
aliorum
Magnatum
suorum
fretus
Concilio
,
He
supplied
the
Vacances
of
several
Bishops
Sees
.
The
Second
I
find
is
[
](A46988-e95500-b)(b)
(b)
Hoved.
fol.
376.
a.
num.
30.
when
he
and
the
King
of
France
agreed
to
go
to
the
Holy
Land
,
where
it
is
said
,
that
his
Earls
and
Barons
,
who
took
the
Crusado
in
the
General
Council
at
London
,
swore
,
&c.
of
which
it
is
that
[
](A46988-e95570-b)(c)
(c)
Fol.
155.
num.
50.
Matthew
Paris
saith
,
That
the
King
of
England
,
convocatis
Episcopis
&
Regni
Proceribus
,
received
the
Oath
from
the
Messengers
of
the
King
of
France
.
In
the
Fifth
of
King
Richard
[
](A46988-e95650-b)(d)
(d)
Hoved.
fol
,
418.
b.
num.
20.
we
have
a
full
Example
of
the
holding
a
Great
Council
by
Commission
;
for
during
the
Imprisonment
of
King
Richard
,
Adam
de
Sancto
Edmundo
Clerk
,
was
sent
from
Earl
John
the
Kings
Brother
,
to
his
Friends
in
England
,
to
defend
his
Castles
against
the
King
,
and
dined
with
Hubert
Archbishop
of
Canterbury
,
boasting
much
of
the
French
Kings
assisting
Earl
John
:
After
Dinner
the
Mayor
of
London
seized
on
him
in
his
Lodgings
,
and
upon
all
his
Breves
and
Mandates
,
who
delivered
them
to
the
Archbishop
.
This
occasioned
the
Archbishop
(
being
the
Kings
Commissioner
)
to
convene
a
great
Council
the
next
day
;
A
Great
Council
called
on
a
Days
warning
.
but
surely
Summons
had
issued
out
before
,
or
else
it
is
a
great
Instance
,
that
the
great
Councils
might
be
called
of
such
of
the
Clergy
and
Nobility
as
were
nearest
at
Hand
;
for
my
Author
expresly
saith
,
[
](A46988-e95780-b)(e)
(e)
Qui
i●
crastino
convocatis
coram
co
Episcopis
,
Comitibus
,
&
Baronibus
Regni
,
ostendit
eis
literas
Comitis
Johannis
&
earum
tenuras
,
&
statim
per
commune
concilium
Regni
desinitum
est
quod
Comes
Johannes
dissaisiretur
.
Idem
.
That
the
Archbishop
the
next
day
,
called
before
him
the
Bishops
,
Earls
and
Barons
of
the
Kingdom
,
and
showed
to
them
the
Letters
of
Earl
John
,
and
the
Tenor
of
them
;
and
adds
,
that
instantly
by
the
Common
Council
of
the
Kingdom
,
it
was
defined
that
Earl
John
should
be
disseised
.
This
Adam
,
saith
Hoveden
,
came
into
England
not
long
before
King
Richard's
release
from
his
Imprisonment
.
The
next
great
.
[
](A46988-e95870-b)(f)
(f)
Idem
,
419.
●
.
30.
A
Great
Council
of
four
Days
.
Council
I
find
,
was
upon
the
Thirtieth
of
March
,
summoned
to
meet
the
King
at
Nottingham
,
and
at
this
were
present
Alienor
the
Kings
Mother
,
Hubert
Archbishop
of
Canterbury
,
Geoffery
Archbishop
of
York
,
and
seven
Bishops
more
,
Earl
David
brother
to
the
King
of
Scots
,
Hamelin
Earl
Warren
,
Ralph
Earl
of
Chester
,
William
Earl
Ferrers
,
William
Earl
of
Salisbury
,
and
Roger
Bigot
,
and
names
no
more
;
but
saith
the
same
day
,
the
King
disseized
[
](A46988-e96030-b)(g)
(g)
Rex
dissaisivit
Gerardum
de
Canvil
de
Comitatu
Linc.
&
Hug.
Bardolf
de
Castro
&
Comitat.
Ebor.
Gerard
de
Canvil
,
and
others
.
It
appears
,
that
this
Council
sat
but
four
days
,
on
the
second
day
the
King
required
Judgment
against
Earl
John
his
Brother
;
on
the
third
day
the
King
[
](A46988-e96060-b)(h)
(h)
Rex
constituit
sibi
dari
,
&c.
deinde
praecepit
—
exigit
.
Concerning
the
Form
of
Proceeding
in
the
Pleas
of
the
Crown
,
the
Assize
of
the
Forest
,
wherein
the
Laws
made
in
this
King's
time
are
set
down
,
see
Selden's
Epinomis
.
appointed
to
be
given
him
2
s.
of
every
Carucate
of
Land
through
England
,
and
that
every
one
should
perform
the
third
part
of
Military
Service
,
according
to
their
respective
Knights
Fees
,
to
pass
over
Sea
with
him
into
Normandy
,
and
then
exacted
of
the
Cestertian
Monks
,
all
their
Wool
of
that
year
,
for
which
they
compounded
;
and
the
fourth
and
last
day
,
Complaints
were
heard
against
the
Archbishop
of
York
,
and
further
Prosecution
of
Gerard
de
Canvil
.
Hoveden
gives
an
account
of
the
King's
Progress
,
till
the
11th
.
of
the
same
Month
,
to
which
time
the
great
Council
was
adjourned
to
meet
at
Northampton
;
where
the
King
of
Scots
made
his
demands
of
the
Counties
of
Northumberland
,
Cumberland
,
Westmorland
and
Lancashire
;
Id.
Hoved.
and
my
Author
saith
,
That
the
King
having
taken
advice
with
the
Bishops
,
Earls
and
Barons
(
no
orders
of
Men
more
are
mentioned
)
he
gave
answer
to
the
King
of
Scots
:
but
it
seems
he
had
no
mind
to
part
with
those
Frontier
Counties
,
but
by
Charter
,
in
the
presence
of
his
Mother
Alienor
,
the
Archbishop
and
other
Bishops
and
many
others
,
as
well
Clerks
as
Laics
of
either
Kingdom
,
he
granted
the
King
and
his
Heirs
certain
Allowances
,
Safe-Conduct
,
&c.
when
he
should
come
to
the
King's
Court
upon
Summons
.
The
most
remarkable
things
in
these
Councils
to
be
considered
,
Remarks
upon
these
Great
Councils
.
are
the
quick
dispatch
of
Business
in
them
,
the
small
Numbers
they
consisted
of
;
and
that
there
appears
no
Footstep
of
any
Commoners
by
Representation
;
and
by
the
Words
,
Rex
praecepit
,
constituit
,
&c.
it
shows
,
that
the
King
had
solely
the
Authoritative
Power
of
passing
the
Consultations
into
binding
Laws
,
even
where
Mony
was
to
be
levied
of
the
Subject
,
and
disseisure
was
to
be
made
,
which
was
then
practised
,
but
by
an
happy
ease
to
the
Subject
,
is
since
by
King
Edward
the
First
abrogated
;
for
which
as
we
ought
all
to
be
thankful
,
so
to
make
use
of
this
great
Liberty
,
that
we
may
not
abuse
it
to
the
damage
of
the
Crown
,
that
bestowed
the
Largess
,
and
not
so
much
boast
our selves
that
we
are
freemen
,
as
to
remember
gratefully
whence
our
Freedom
came
.
Of
the
Great
Councils
in
King
John's
time
.
THE
first
great
Council
that
I
have
met
with
in
King
John's
time
is
that
held
at
Oxford
,
[
](A46988-e96380-b)(a)
(a)
Matt.
Paris
,
fol.
176.
num.
30.
ult.
edit
.
Anno
Dom.
1204.
6
Regni
,
the
Morrow
after
the
Circumcision
,
where
,
as
Matthew
Paris
saith
,
convenerunt
ad
colloquium
Rex
&
Magnates
,
and
there
were
granted
to
the
King
two
Marks
and
an
half
out
of
every
Knights
Fee
.
Yet
though
all
the
Members
are
included
under
the
name
of
Magnates
,
yet
my
Author
[
](A46988-e96460-b)(b)
(b)
Nec
etiam
Episcopi
et
Abbates
sive
Ecclesiasticae
personae
sine
promissione
recesserunt
.
Idem
.
saith
,
that
neither
the
Bishops
,
Abbats
,
or
Ecclesiastic
Persons
passed
away
without
a
promise
(
of
supply
,
I
suppose
.
)
So
that
I
conceive
the
Clergy
undertook
for
their
Order
to
contribute
something
apart
,
as
it
hath
been
since
in
use
for
the
Convocation
,
to
give
a
distinct
Tax
imposed
by
themselves
on
the
Clergy
:
some
evident
Footsteps
of
which
usage
we
find
in
that
Council
of
[
](A46988-e96500-b)(c)
(c)
Hoveden
,
fol.
282.
b.
num.
10.
Praecepit
Rex
Archiepiscopis
&
Episcopis
,
ut
Si●illa
sua
appone●en●
,
&
cum
cateri
proni
essent
ad
id
saeciendum
,
Archiepise
.
Cant.
juravit
quod
nunquam
scripto
illi
apponeret
,
nec
leges
consirmaret
.
Clarendon
,
wherein
Thomas
Becket
Archbishop
of
Canterbury
was
required
by
the
King
that
he
and
the
Bishops
should
set
to
their
Seals
in
Confirmation
of
the
antient
Laws
the
King
enjoined
to
be
observed
;
which
when
the
Bishops
were
willing
to
do
,
the
Archbishop
swore
he
would
never
do
.
The
Members
of
the
Great
Council
,
and
the
absoluteness
of
King
John
in
imposing
Taxes
is
fully
discovered
in
what
Matthew
[
](A46988-e96590-b)(d)
(d)
Fol.
180.
num.
30.
Paris
writes
,
that
Anno
1207.
9
Regni
,
the
King
kept
his
Christmass
at
Winchester
,
the
Magnates
Regni
being
present
;
and
on
the
Purification
of
the
Virgin
Mary
,
he
took
through
England
the
Thirteenth
of
Moveables
,
The
King
imposeth
Taxes
.
and
other
things
,
both
of
the
Laics
and
Ecclesiastics
,
all
murmuring
,
[
](A46988-e96710-b)(e)
(e)
Cunctis
murmurantibus
,
sed
contradicere
non
audentibus
.
A
Great
Council
held
in
the
King's
absence
.
but
none
daring
to
contradict
him
.
Anno
1213.
15
Joh.
the
King
intending
an
expedition
into
Normandy
,
left
Geofrey
Fitz-Peter
,
and
the
Bishop
of
Winchester
Commissioners
in
his
absence
,
who
at
St.
Albans
held
a
Council
with
the
Archbishop
,
the
Bishops
,
and
the
Magnates
Regni
,
where
on
the
part
of
the
King
it
was
firmly
[
](A46988-e96810-b)(f)
(f)
Mat.
Paris
,
fol.
201.
num.
30.
Ex
parte
Regis
firmiter
est
praeceptum
,
sicut
vitam
&
membra
sua
diligunt
,
ne
a
quoquam
aliquid
violenter
extorqueant
,
vel
ali●ui
injuriam
irrogare
praesumant
.
enjoyned
,
that
the
Laws
of
King
Henry
his
Grandfather
should
be
kept
by
all
in
his
Kingdom
,
and
all
evil
Laws
should
be
totally
disannulled
,
and
all
Sheriffs
,
Foresters
,
and
other
Ministers
of
the
King
,
under
the
severest
Penalties
of
Life
and
Limb
,
should
not
violently
extort
any
thing
from
any
Person
,
or
presume
to
offer
Injury
to
any
.
In
which
we
may
observe
the
Conventions
of
great
Councils
in
the
Kings
absence
,
and
that
the
Laws
have
force
only
by
the
King's
Authority
,
as
appears
by
the
expressions
,
ex
parte
Regis
firmiter
est
praeceptum
.
In
the
same
Year
the
Eighth
of
the
Calends
of
September
,
Stephen
,
A
Convention
or
Conspiracy
against
the
King
.
Archbishop
of
Canterbury
,
with
the
Bishops
,
Abbats
,
Priors
,
Deans
and
Barons
of
the
Kingdom
,
met
at
London
,
at
St.
Pauls
,
in
a
Conspiracy
against
King
John
;
and
as
[
](A46988-e96950-b)(g)
(g)
Fol.
201.
num.
50
,
60.
Matthew
Paris
saith
,
the
Fame
was
,
that
the
Archbishop
calling
to
himself
a
Club
of
the
Nobles
,
told
them
secretly
,
that
they
had
heard
how
he
had
absolved
the
King
,
and
compelled
him
to
swear
that
he
should
destroy
evil
Laws
,
and
should
recal
the
good
Laws
,
viz
,
those
of
King
Edward
,
and
make
them
to
be
observed
in
his
Kingdom
;
and
that
now
there
was
found
a
Charter
of
King
Henry
the
First
,
by
which
if
they
would
,
they
might
recal
to
the
Pristine
State
,
their
long-lost
Liberties
,
which
Charter
he
produced
,
and
it
was
that
made
to
Hugh
de
Bocland
his
Justiciary
,
and
so
they
made
a
Confederacy
among
themselves
,
and
broke
up
their
Assembly
.
We
may
note
,
Observations
on
the
foregoing
Councils
.
that
this
Convention
at
London
was
a
Conspiracy
,
yet
it
had
the
Face
of
a
great
Council
,
as
to
the
constituent
Parts
of
it
,
and
no
Representatives
of
the
People
,
and
they
grounded
their
Confederacy
upon
the
regaining
their
lost
Liberties
,
and
had
recourse
to
King
Edward's
Laws
,
and
their
Confirmation
by
King
Henry
the
First
.
So
that
even
such
Rebels
owned
Kings
the
Fountains
,
Authors
,
and
Establishers
of
their
Liberties
,
as
well
knowing
they
were
born
Subjects
,
and
whatever
was
remitted
of
the
absolute
Power
of
Princes
,
was
by
their
own
Grants
;
though
they
might
be
induced
to
those
Concessions
from
several
causes
,
but
whenever
threats
,
force
,
or
other
necessities
for
supplies
,
or
such
like
,
extorted
these
,
they
were
very
ill
kept
.
Anno
1215.
17
Joh.
the
Barons
pressing
the
King
to
confirm
the
Charter
of
Priviledges
,
the
Archbishop
with
his
Associates
read
over
each
Chapter
.
But
the
King
understanding
the
Tenor
of
them
,
with
indignation
and
scorn
said
,
[
](A46988-e97110-b)(h)
(h)
Quare
cum
istis
iniquis
exactionibus
Barones
non
postulant
Regnum
?
Nunquam
tales
illis
concederet
libertates
,
unde
ipse
efficeretur
servus
.
Matt.
Paris
,
fol.
213.
num.
60.
Why
with
these
unjust
exactions
do
not
the
Barons
require
the
Kingdom
?
and
swore
he
would
never
grant
such
Liberties
,
whereby
he
should
be
made
a
Servant
.
However
he
was
afterwards
at
Runing-mede
,
compelled
to
sign
the
Charter
,
there
being
with
him
but
eight
or
nine
Bishops
,
four
Earls
,
and
some
twelve
Barons
,
as
Matthew
Paris
numbers
them
;
but
he
saith
,
as
to
those
present
on
the
behalf
of
the
Barons
,
the
Company
was
innumerable
,
as
being
tota
Angliae
Nobilitas
in
unum
collecta
.
Therefore
the
King
grants
them
the
Liberties
by
way
of
Charter
[
](A46988-e97180-b)(i)
(i)
Idem
,
fol.
215.
num.
13.
per
consilium
venerabilium
Patrum
nostrorum
,
&c.
and
so
recounts
those
that
were
present
with
him
,
not
mentioning
any
of
those
that
were
against
him
as
I
remember
.
This
was
the
Charter
which
Henry
the
third
[
](A46988-e97240-b)(k)
(k)
Idem
,
fol
,
216.
num.
30.
confirmed
,
and
is
called
Magna
Charta
,
the
principal
matter
in
it
,
which
relates
to
my
purpose
,
was
,
that
he
made
some
alteration
in
the
manner
of
Summoning
Members
to
the
Great
Council
,
viz.
The
alteration
of
the
Summoning
the
Members
to
the
Great
Council
.
Note
.
In
this
Charter
the
King
grants
,
he
will
raise
no
Money
on
the
Subject
,
without
Consent
,
but
in
three
Cases
;
to
redeem
his
Body
,
make
his
eldest
Son
Knight
,
and
marry
his
eldest
Daughter
:
And
the
like
Power
others
●
had
over
their
Liberi
homines
.
That
the
Archbishop
,
Bishops
,
Abbats
,
Earls
,
and
greater
Barons
of
the
Kingdom
,
should
be
summoned
by
special
Writs
,
and
that
he
would
cause
to
be
summoned
by
the
Sheriffs
and
his
Bailiffs
,
those
which
held
in
Capite
of
him
,
to
a
certain
day
by
general
Summons
.
So
that
it
is
apparent
,
that
the
Great
Councils
heretofore
had
only
consisted
of
such
Earls
and
great
Barons
and
Tenents
in
Capite
,
as
the
King
by
special
Writ
pleased
to
Summon
;
and
this
new
way
brought
in
a
greater
number
of
the
Tenents
in
Capite
:
but
still
here
were
no
Representatives
of
the
Commons
.
In
the
Charta
de
Foresta
,
the
King
saith
,
Dei
intuitu
,
&c.
ad
emendationem
Regni
nostri
,
spontanea
&
bona
voluntate
nostra
dedimus
,
concessimus
pro
nobis
&
haeredibus
nostris
,
has
libertates
subscriptas
.
The
King
was
sore
vexed
,
He
repents
his
granting
the
Charter
.
that
these
Liberties
had
been
extorted
from
him
,
and
sent
to
Pope
[
](A46988-e97400-b)(m)
(m)
Idem
,
224.
Innocent
,
who
also
absolved
him
from
the
Obligation
,
upon
the
ground
that
he
had
given
[
](A46988-e97430-b)(n)
(n)
Id.
227.
num.
20.
The
Pope
absolves
him
.
the
Kingdom
to
St.
Peter
,
and
the
Church
of
Rome
,
and
so
could
make
no
such
Charter
without
his
leave
,
and
after
he
Excommunicated
the
Rebellious
Barons
.
In
this
Charter
,
as
in
all
the
rest
of
the
Charters
of
Liberties
,
we
[
](A46988-e97490-b)(o)
(o)
Animad.
on
Jan.
Augl
.
fol.
167.
The
King
's
Grant
by
Charter
,
a
good
Law
then
.
may
observe
,
that
the
Petitions
of
the
People
were
drawn
into
the
form
of
a
Charter
,
and
passed
under
the
Kings
Seal
,
as
his
meer
voluntary
free
Grants
,
and
Concessions
,
without
any
Votes
,
Suffrages
,
or
Authority
of
the
People
.
So
Matt.
Paris
saith
of
this
Charter
,
that
when
King
John
saw
the
Barons
too
powerful
for
him
[
](A46988-e97530-b)(p)
(p)
Fol.
255.
num.
30
,
50.
gratanter
eis
concederet
Leges
&
Libertates
quas
petebant
;
he
willingly
granted
the
Laws
and
Liberties
which
they
asked
,
or
petitioned
for
.
So
in
the
Charter
it self
,
[
](A46988-e97580-b)(q)
(q)
Ibid.
fol.
256.
lin.
18.
Concessimus
etiam
,
&
omnibus
liberis
hominibus
nostri
Regni
Angliae
pro
nobis
&
haeredibus
nostris
in
perpetuum
omnes
libertates
subscriptas
habendas
,
&
tenendas
eis
,
&
haeredibus
suis
de
nobis
,
&
haeredibus
nostris
:
that
is
,
And
we
have
also
granted
to
all
our
Free-men
of
the
Kingdom
of
England
,
for
us
and
our
Heirs
for
ever
,
By
Freemen
here
to
be
understood
the
Tenents
in
Capite
.
all
the
under-written
Liberties
,
to
have
and
to
hold
to
them
and
their
Heirs
of
us
and
our
Heirs
,
&c.
CHAP.
XXVI
.
Of
the
Great
Councils
and
Parliaments
during
the
Reign
of
King
Henry
the
Third
,
to
the
end
of
the
Reign
of
King
Edward
the
Third
.
THE
first
great
Council
I
find
in
this
Kings
Reign
was
on
the
Eighth
of
the
Octaves
of
[
](A46988-e97740-b)(a)
(a)
Matt.
Paris
fol.
266.
num.
60.
Epiphany
,
Anno
1223.
7
H.
3.
The
King
having
kept
his
Christmas
at
Oxford
,
came
to
London
,
to
have
a
Colloquium
with
his
Barons
,
and
the
Archbishop
and
other
Magnates
pressed
the
King
to
confirm
the
Liberties
and
Free
customs
,
for
which
Wars
had
been
moved
against
his
Father
,
and
which
he
had
confirmed
by
Oath
,
upon
the
recess
of
Lewis
of
France
;
to
which
also
he
said
,
the
[
](A46988-e97860-b)(b)
(b)
Juravit
&
tota
Nobilitas
cum
eo
,
quod
libertates
praescriptas
omnes
observarent
,
&
omnibus
traderent
observandas
.
Ibid.
whole
Nobility
had
sworn
that
they
would
observe
them
,
and
deliver
them
to
all
others
to
observe
.
To
which
William
Briwere
,
one
of
the
Kings
Council
,
answering
for
the
King
,
said
,
The
Liberties
they
desired
being
violently
extorted
from
the
King
,
they
ought
not
of
right
to
be
observed
.
From
whence
we
may
observe
,
Liberties
violently
extorted
from
the
King
,
not
binding
.
that
whatever
claims
were
made
for
Liberties
,
still
they
were
grounded
on
the
Monarch●
Concessions
,
and
such
as
were
by
any
violence
wrested
from
the
Kings
,
were
not
reputed
binding
to
the
Crown
.
In
the
Octaves
of
the
Holy
Trinity
,
the
Eighth
of
Henry
the
Third
,
there
met
at
a
Colloquium
at
Northampton
,
the
King
with
[
](A46988-e97950-b)(c)
(c)
Rex
cum
Archiepiscopis
,
Episcopis
,
Comitibus
,
Baronibus
,
&
aliis
multis
de
Regni
negotiis
tractaturus
.
Idem
,
fol.
269.
num.
60.
&
270.
the
Archbishops
,
Bishops
,
Earls
,
and
Barons
,
and
many
other
,
to
treat
of
the
Affairs
of
the
Kingdom
.
By
these
,
alii
multi
,
the
Tenents
in
Capite
are
to
be
understood
,
which
more
numerously
appeared
since
King
John's
Charter
.
This
Great
Council
was
intended
for
the
relief
of
Poicton
;
but
Falcacius
de
Brent
having
seiz'd
on
Bedford
Castle
,
and
taken
Henry
de
Berybroke
,
one
of
the
Kings
Itinerant
Justices
;
obliged
the
King
to
prosecute
him
.
At
this
[
](A46988-e98040-b)(d)
(d)
Idem
,
fol.
271.
num.
20.
Council
,
the
Prelates
and
Laics
gave
the
King
for
his
great
Labours
and
Expences
2
s.
upon
every
Plough
,
The
King
grants
the
Tenents
in
Capite
Scutage
upon
their
Tenents
.
and
the
King
granted
to
the
Magnates
2
m.
out
of
every
Knights
Fee
.
This
was
to
be
levied
by
the
Magnates
,
such
as
held
of
the
King
in
Capite
,
of
their
Tenents
,
to
reimburse
them
what
they
had
expended
in
aiding
the
King
.
And
so
the
Council
broke
up
.
But
the
King
9
Regni
,
Anno
1225.
[
](A46988-e98170-b)(e)
(e)
Idem
,
fol.
272.
num.
20.
keeping
his
Court
at
Christmas
at
Westminster
,
praesentibus
Clero
,
&
Populo
,
cum
Magnatibus
Regionis
.
After
the
Solemnity
was
passed
,
Hubert
de
Burgo
the
Kings
Justiciary
,
on
the
part
of
the
King
,
proposed
to
the
Archbishops
,
Et
al●●t
universis
.
Bishops
,
Earls
,
Barons
,
and
all
the
Vniverse
(
that
is
the
Tenent
in
Capite
)
the
damages
and
injuries
which
were
brought
upon
the
King
beyond
Sea
;
by
which
,
not
only
the
King
,
but
many
of
the
Earls
and
Barons
were
disinherited
:
therefore
the
King
required
Counsel
and
Aid
of
them
of
a
Fifteenth
.
Upon
this
the
Archbishop
,
and
the
whole
number
of
Bishops
,
Magna
Charta
granted
.
Earls
,
Barons
,
Abbats
and
Priors
,
having
had
deliberation
,
answered
the
King
,
That
they
would
willingly
yield
to
the
Kings
desire
,
if
he
would
grant
them
the
long
desired
Liberties
.
The
King
,
saith
my
Author
,
being
led
by
Covetousness
,
or
as
he
means
,
being
desirous
of
a
supply
,
yielded
to
what
the
Magnates
desired
;
so
he
granted
that
which
is
called
Magna
Charta
,
so
deservedly
priz'd
by
all
Englishmen
ever
since
,
and
the
[
](A46988-e98320-b)(f)
(f)
Idem
,
num.
30.
Charta
de
Foresta
,
and
presently
Charters
were
got
drawn
,
and
the
King
sealed
them
,
and
they
were
sent
into
all
Counties
two
;
one
of
the
Liberties
,
and
the
other
of
the
Forests
.
Matth.
Paris
saith
expresly
,
That
they
[
](A46988-e98370-b)(g)
(g)
Ita
quod
chartae
utrorumque
Requm
in
nullo
inv●niuntur
dissimiles
.
were
the
same
that
King
John
had
granted
,
and
so
refers
the
Reader
to
peruse
them
in
what
he
had
writ
on
his
Reign
.
It
is
to
me
very
strange
,
that
since
so
many
Original
Grants
of
the
Kings
of
England
,
and
other
ancienter
Deeds
,
being
every
where
to
be
found
among
the
ancient
Evidences
of
many
Noble
and
Gentlemens
Families
;
yet
no where
that
I
can
learn
,
any
of
these
Original
Charters
are
to
be
found
,
except
one
at
Lambeth
,
as
Mr.
Pryn
hath
observed
;
That
upon
Record
being
only
an
Exemplification
in
King
Edward
the
First
's
time
Anno
1232.
on
the
Nones
of
March
,
the
King
called
a
Great
Council
to
[
](A46988-e98460-b)(h)
(h)
Idem
,
fol.
314.
num.
20.17
H.
3.
Westminster
,
where
there
met
Magnates
Angliae
tam
Laici
quam
Praelati
;
The
King
required
an
Aid
for
the
payment
of
his
Debts
,
contracted
by
his
Expeditions
beyond
Sea
.
To
which
Ralph
Earl
of
Chester
on
behalf
of
the
Nobility
,
answered
,
That
the
Earls
,
Barons
,
and
Knights
that
held
of
the
King
in
Capite
,
being
with
the
King
personally
in
that
Expedition
,
and
having
fruitlesly
spent
their
Money
,
were
poor
;
so
that
of
[
](A46988-e98550-b)(i)
(i)
Vnde
Regi
de
Jure
auxilium
non
debebant
.
Idem
,
num.
30.
The
Tenents
in
Capite
having
personally
served
according
to
the
Tenure
of
their
Service
,
deny
the
King
Aid
.
right
they
ow'd
not
Aid
to
the
King
.
And
so
my
Author
saith
,
the
Laics
having
asked
leave
,
all
departed
,
and
the
Prelates
answered
,
That
many
Bishops
and
Abbats
being
absent
,
they
desired
respite
till
some
other
meeting
,
which
was
appointed
fifteen
days
after
Easter
.
By
this
we
may
observe
,
who
they
were
that
had
the
power
of
giving
consent
,
or
granting
aid
;
for
if
there
had
been
any
other
Members
of
the
Lay
Order
,
besides
Earls
,
Barons
,
and
Knights
,
that
held
in
Capite
,
the
Earls
of
Chester's
Argument
had
been
of
no
validity
.
In
the
Statute
of
Merton
,
[
](A46988-e98640-b)(k)
(k)
Pul●on
.
Stat.
p.
1.
In
one
part
it
is
said
,
Our
Lord
the
King
granted
by
the
Consent
of
his
Magnates
.
20
H.
3.
it
is
thus
expressed
,
Before
William
Archbishop
of
Canterbury
,
and
other
his
Bishops
and
Suffragans
,
and
before
the
greater
part
of
the
Earls
and
Barons
of
England
there
being
assembled
,
for
the
Coronation
of
the
said
King
,
and
Helioner
the
Queen
,
about
which
they
were
called
;
thus
it
was
provided
and
granted
,
as
well
of
the
foresaid
Archbishop
,
Bishops
,
Earls
and
Barons
,
as
of
the
King
himself
and
others
.
I
shall
only
cull
out
some
few
of
the
Great
Councils
in
this
Kings
Reign
,
wherein
most
fully
are
expressed
the
true
Members
of
them
,
or
such
wherein
something
remarkable
was
transacted
.
Anno
1237.
21
H.
3.
The
King
keeping
his
Christmas
at
Winchester
,
sent
his
[
](A46988-e98780-b)(l)
(l)
Matt.
Paris
,
fol.
367.
num.
30.
Misu
,
&c.
scripta
R●galia
,
pracipiens
omnibus
ad
Regnum
Angliae
spectantibus
,
&c.
ut
omnes
sine
omissi●ne
—
conveairent
Regni
negotia
tractaturt
totum
Regnum
contingentia
.
Royal
Writs
through
all
England
,
commanding
all
that
appertained
to
the
Kingdom
of
England
,
that
is
,
all
who
were
to
be
Members
of
the
great
Council
,
which
my
Author
explains
particularly
thus
,
viz.
Archbishops
,
Bishops
,
Abbats
,
Priors
installed
,
Earls
and
Barons
,
that
without
failure
they
should
meet
at
London
on
the
Octaves
of
the
Epiphany
,
to
treat
of
the
Affairs
of
the
Kingdom
,
concerning
the
whole
Kingdom
;
then
he
adds
,
That
on
the
day
of
St.
Hilary
,
there
met
at
London
an
[
](A46988-e98890-b)(m)
(m)
Insinita
Nobilium
multitudo
,
viz.
Regni
totalis
universitas
.
infinite
Multitude
of
the
Nobles
,
viz.
The
whole
University
of
the
Kingdom
,
which
were
the
Persons
of
those
Orders
before
particularized
.
Anno
1246.
30
H.
3.
By
the
Kings
[
](A46988-e98940-b)(n)
(n)
Edicto
Regio
convocata
convenit
ad
Parliamentum
generali
●●mum
●otius
Regni
Anglicani
totalis
Nobilitas
.
Idem
,
p.
609.
num.
10.
Edict
was
called
to
the
most
general
Parliament
(
saith
Matthew
Paris
)
all
the
Nobility
of
the
whole
Kingdom
of
England
,
viz.
of
the
Prelates
as
well
Abbats
and
Priors
as
Bishops
,
also
Earls
and
Barons
;
and
a
few
Pages
after
,
concerning
the
same
Parliament
,
he
saith
,
All
the
Magnates
of
the
Kingdom
met
,
and
the
King
himself
first
spake
to
the
Bishops
apart
,
then
to
the
Earls
and
Barons
,
and
last
to
the
Abbats
and
Priors
.
In
this
,
The
word
Parliament
now
used
.
that
which
frequently
in
Matthew
Paris
is
called
Colloquium
,
now
he
gives
the
Title
of
Parliament
to
,
from
the
French
word
parler
,
to
confer
or
speak
together
;
and
we
find
what
is
meant
also
by
totalis
Nobilitas
.
Anno
1253.
37
H.
3.
By
the
[
](A46988-e99090-b)(o)
(o)
Tota
edicto
Regio
convocata
Angliae
Nobilitas
convenit
de
arduis
Regni
Negotiis
simul
cum
R●ge
tractatura
.
Idem
.
fol.
745.
num.
40.
Kings
Edict
the
Nobility
of
England
being
summoned
,
met
at
London
to
treat
together
with
the
King
,
of
the
arduous
Affairs
of
the
Kingdom
;
and
there
were
present
with
most
of
the
Earls
and
Barons
,
the
Archbishop
Boniface
,
and
almost
all
the
Bishops
of
England
.
In
this
great
Council
were
the
Tenents
in
Capite
,
according
to
King
John's
Charter
.
The
King
in
this
Parliament
or
Colloquium
,
requires
Money
for
an
Expedition
into
the
Holy
Land
;
but
for
fifteen
days
there
were
great
Contests
about
it
,
till
the
King
de
novo
confirmed
King
John's
Charters
,
and
a
solemn
Excommunication
was
agreed
upon
,
to
be
pronounced
against
the
Infringers
of
it
;
and
my
Author
saith
,
Rex
,
Magnates
,
&
Communitas
Populi
protestantur
,
in
the
Presence
of
the
Venerable
Fathers
,
&c.
That
they
never
consented
,
or
do
consent
that
any
thing
be
added
or
altered
in
the
Charters
,
but
plainly
contradict
it
;
so
3
May
[
](A46988-e99230-b)(p)
(p)
Pat.
37
H.
3.
m.
13.
Anno
1253.
in
Westminster-Hall
,
the
Exemplification
passed
the
Seal
of
the
King
and
other
great
Men.
But
it
is
principally
to
be
considered
what
is
expressed
in
the
Patent
,
[
](A46988-e99300-b)*
*
Praefatus
Dominus
Rex
in
prolatione
praefatae
sententiae
,
omnes
libertates
,
consuetudines
Regni
sui
Angliae
&
usitatas
dignitates
&
Jura
Coronae
suae
●re
proprio
specialiter
sibi
&
Regno
suo
salvavit
&
excepit
.
That
the
King
in
the
Declaration
of
the
said
Sentence
,
did
,
by
his
own
Mouth
specially
save
and
except
to
himself
and
his
Kingdom
,
all
the
Liberties
,
ancient
Customs
of
his
Kingdom
,
and
Usages
,
Dignities
and
Rights
of
his
Crown
.
By
which
it
is
apparent
how
cautious
the
King
was
in
these
liberal
Concessions
,
not
to
prejudice
his
Prerogative
.
They
are
neither
few
in
Number
,
nor
of
mean
repute
for
judgment
and
learning
in
our
Laws
,
who
assert
,
Such
like
Protestation
King
Richard
the
Second
made
,
10
Reg.
Rot.
Parl.
10
R.
2.
num.
32.
See
in
King
Stephen
.
that
as
Acts
of
Parliament
made
contrary
to
Magna
Charta
,
are
void
;
so
likewise
are
all
such
as
diminish
the
Prerogative
in
any
part
of
it
,
which
is
necessary
for
the
support
of
the
Government
:
So
upon
the
passing
the
Petition
[
](A46988-e99390-b)(q)
(q)
His
Majesty's
Speeches
,
fol.
368.
of
the
Basilica
.
of
Right
,
King
Charles
the
First
,
the
King
said
,
The
King
willeth
that
Right
be
done
according
to
the
Laws
and
Customs
of
the
Land
,
and
that
the
Statutes
be
put
in
due
Execution
,
that
the
Subjects
may
have
no
cause
to
complain
of
any
Wrong
or
Oppression
,
contrary
to
their
Just
,
Rights
and
Liberties
,
to
the
Preservation
whereof
he
holdeth
himself
obliged
,
as
well
as
of
his
Prerogative
:
But
this
would
not
please
,
and
so
he
pronounced
,
Le
droit
soit
fait
comme
il
est
desire
,
and
adds
,
that
,
he
is
sure
,
is
full
,
but
no
more
than
he
granted
in
his
first
Answer
;
his
meaning
in
that
being
to
confirm
all
their
Liberties
,
knowing
according
to
their
Protestations
,
they
neither
meant
nor
can
hurt
his
Prerogative
.
The
Peoples
Liberty
strengthens
the
Kings
Prerogative
,
and
the
Kings
Prerogative
is
to
defend
the
Peoples
Liberties
.
The
rest
of
the
Parliaments
of
this
Kings
Reign
,
are
said
to
be
called
[
](A46988-e99460-b)(r)
(r)
Id.
435.
num.
10.21
H.
3.
Id.
693.
num.
20.26
H.
3.
Id.
fol.
579.
num.
40.
Id.
fol.
696.
num.
30.
Id.
fol.
698.
num.
40.
Vide
Brady's
Appendix
,
fol.
59
,
60.
per
scripta
Regalia
,
submonitione
Regia
,
or
that
,
scripsit
Rex
praecipiens
,
or
missis
literis
convocavit
,
Anno
1246.
30
H.
3.
or
Edicto
Regio
convocat
,
&c.
which
denotes
the
Authority
convening
them
;
and
for
the
Members
,
they
are
either
stiled
Magnates
,
omnis
Regni
Nobilitas
,
or
Clerus
&
Populus
cum
Magnatibus
,
Magnates
tam
Laici
,
quam
Praelati
,
Episcopi
,
&
alii
Ecclesiarum
Praelati
,
cum
Proceribus
Regni
,
or
else
they
are
particularly
numbred
to
be
Archbishops
,
Bishops
,
Abbats
,
Priors
,
for
the
Clergy
,
and
the
Comites
&
Barones
for
the
Laity
.
In
one
I
find
Archiepiscopus
cum
Suffraganeis
suis
for
the
rest
of
the
Bishops
,
and
[
](A46988-e99700-b)(s)
(s)
M.
Paris
,
fol.
397.
num.
10.10
H.
3.
another
runs
thus
,
Anno
1247.
31
H.
3.
fecit
Dominus
Rex
Magnates
suos
nec-non
&
Angliae
Archidiaconos
per
scripta
sua
Regia
Londinum
convocari
.
Yet
though
Matt.
Paris
only
mention
the
Magnates
&
Archidiaconi
;
yet
he
saith
,
when
the
prefixed
day
was
come
,
the
Bishops
all
willingly
absented
themselves
,
and
he
gives
the
Reason
,
ne
viderentur
prop●iis
factis
eminus
adversari
,
sciebant
enim
corda
omnium
,
usque
ad
animae
amaritudinem
,
non
immerito
sauciari
.
Then
when
he
[
](A46988-e99810-b)(u)
(u)
Id.
629.
Edit.
ult
num
.
10.
Archdeacons
summoned
to
Parliament
.
gives
an
Account
of
the
business
of
this
great
Council
,
he
saith
that
the
Archdeacons
of
England
,
as
also
not
the
least
part
of
the
whole
Clergy
of
the
Kingdom
,
with
the
Magnates
complained
of
the
Popes
exaction
;
and
so
Letters
were
writ
to
the
Pope
and
Cardinals
.
It
may
be
noted
also
,
That
in
those
Days
the
Kings
summoned
other
dignified
Clergy
besides
Bishops
,
Abbats
and
Priors
.
I
shall
insist
no
longer
upon
these
Matters
,
The
new
Constitution
of
Parliament
by
Representatives
.
but
pass
to
the
great
Mutation
which
was
made
in
the
Constitution
of
our
English
Parliaments
:
It
seems
to
be
clear
,
that
before
King
John's
time
,
the
Members
of
the
Great
Councils
were
summoned
by
special
Writ
,
and
they
were
only
the
Archbishops
,
Bishops
,
Abbats
and
Priors
for
the
Clergy
,
and
the
Earls
and
Barons
,
and
such
of
the
Tenents
in
Capite
as
were
of
greatest
quality
,
as
the
King
pleased
:
But
in
King
John's
Charter
,
all
the
Tenents
in
Capite
were
convened
by
a
General
Summons
,
which
did
much
encrease
the
number
of
the
Members
of
these
great
Councils
;
and
by
so
much
as
they
were
more
numerous
,
it
is
likely
the
Popular
Barons
hoped
to
make
their
Party
the
stronger
against
the
King
;
for
we
find
it
introduced
when
the
Barons
were
propense
to
rebel
.
So
the
Second
great
Alteration
on
the
Constitution
of
Parliament
was
introduced
,
Montfort's
Rebellion
.
when
Simon
Montfort
Earl
of
Leicester
,
and
the
Rebellious
Barons
had
the
King
and
the
Prince
Prisoners
.
Simon
Montford
,
to
strengthen
his
Interest
,
first
,
in
the
Kings
Name
,
summons
the
Earls
and
Barons
which
were
in
Arms
against
the
King
;
also
at
other
times
summoned
more
Abbats
and
Priors
than
had
been
used
,
for
that
the
Clergy
at
that
time
had
a
great
Opinion
of
him
,
and
he
was
their
Minion
,
as
is
apparent
in
Matthew
Paris
,
and
fully
in
the
judicious
[
](A46988-e100020-b)(w)
(w)
Answer
to
Petyt
,
fol.
137
,
138
,
139.
Doctor
Brady
,
to
whom
I
must
specially
refer
the
curious
Reader
in
this
particular
.
The
14th
.
The
Form
of
the
Writ
of
Summons
.
of
Dec.
48
H.
3.
the
first
Writ
issued
out
thus
,
Item
mandatum
est
singulis
Vicecomitibus
per
Angliam
,
quod
venire
faciant
,
duos
Milites
de
legalioribus
&
discretioribus
Militibus
singulorum
Comitatuum
,
It
is
commanded
to
all
the
Sheriffs
of
England
,
that
they
make
,
or
cause
to
come
,
two
Knights
of
the
more
Legal
and
Discreet
Knights
of
every
County
,
to
be
at
London
on
the
Octaves
of
St.
Hilary
next
.
So
in
the
like
manner
[
](A46988-e100150-b)(x)
(x)
Cl.
49
H.
3.
m.
11.
dorso
schedulae
.
Writs
were
directed
to
Cities
and
Burroughs
,
to
send
two
of
the
more
Discreet
,
Legal
and
Honest
Citizens
and
Burgesses
.
This
is
without
Date
;
that
to
the
Barons
of
the
Cinque
Ports
is
Jan.
20.
It
doth
not
appear
by
the
Writ
to
the
Sheriffs
,
whether
they
or
the
Counties
were
to
elect
and
send
those
Knights
,
or
who
were
Electors
.
It
is
the
Opinion
of
most
learned
[
](A46988-e100220-b)(y)
(y)
Brady
against
Petyt
,
fol.
143.
Dugdale's
Baronage
,
fol.
759.
col.
3.
Men
,
that
Simon
Montfort
apprehended
(
from
the
Concourse
of
the
Nobility
,
and
their
great
Retinues
,
and
the
Example
of
his
and
the
Barons
Practices
at
Oxford
)
some
danger
to
himself
and
his
Affairs
,
and
so
altered
the
ancient
Usage
.
Upon
the
5th
.
of
August
49
H.
3.
Simon
Montfort
was
slain
at
Evesham
,
and
all
his
Party
routed
;
and
the
8th
.
of
September
following
,
the
King
convened
his
Parliament
at
Winchester
,
which
according
to
the
old
form
,
The
old
Form
again
used
.
consisted
only
of
the
Bishops
,
Abbats
,
Priors
,
Earls
,
Barons
and
Great
Men
:
nor
did
he
continue
Montfort's
Method
after
,
as
appears
by
that
Parliament
he
called
50
Regni
.
By
the
Statute
of
Marleburgh
52
H.
3.
it
is
evident
,
All
the
Barons
not
summoned
,
but
the
more
discreet
,
and
so
of
the
lesser
Barons
.
That
even
all
the
great
Barons
were
not
summoned
,
but
only
the
more
Discreet
,
and
such
as
the
King
thought
fit
to
call
;
and
the
like
is
observed
of
the
lesser
Barons
or
Tenents
in
Capite
:
For
if
it
had
been
by
General
Summons
,
that
Restriction
of
the
more
Discreet
had
been
useless
;
so
that
it
appears
,
that
what
[
](A46988-e100450-b)(z)
(z)
Britannia
,
fol.
122.
Quibus
ip●●
Rex
digna●us
est
brevia
summonitionis
dirigere
,
venirent
,
&c.
&
non
alii
.
Mr.
Camden's
ancient
Author
observes
,
is
true
,
That
after
the
horrid
Confusions
and
Troubles
of
the
Barons
Wars
,
those
Earls
and
Barons
,
whom
the
King
thought
worthy
to
summon
by
his
Writ
to
meet
,
came
to
his
Parliaments
,
and
no
other
.
The
Preamble
to
this
Statute
of
[
](A46988-e100490-b)(a)
(a)
Stat.
Edit.
1576.
p.
15.
Marlebridge
runs
thus
in
Tottel
,
Providente
ipso
Domino
Rege
,
ad
Regni
sui
Angliae
meliorationem
&
exhibitionem
Justitiae
(
prout
Regalis
Officii
poscit
Vtilitas
)
pleniorem
,
convocatis
discretioribus
ejusdem
Regni
tam
majoribus
quam
minoribus
,
provisum
est
&
statutum
,
ac
concordatum
&
ordinatum
.
According
to
Pulton
the
[
](A46988-e100560-b)(b)
(b)
Fol.
14.
Preamble
is
thus
,
That
whereas
the
Realm
of
England
,
of
late
,
had
been
disquieted
,
with
manifold
Troubles
and
Dissentions
,
for
Reformation
whereof
Statutes
and
Laws
be
right
necessary
,
The
Use
and
Benefit
of
Laws
.
whereby
the
Peace
and
Tranquillity
of
the
People
must
be
observed
;
wherein
the
King
intending
to
devise
convenient
Remedy
,
hath
made
these
Acts
,
Ordinances
and
Statutes
underwritten
,
which
he
willeth
to
be
observed
for
ever
firmly
and
inviolably
of
all
his
Subjects
,
as
well
high
as
low
.
Thus
we
see
in
the
whole
Reign
of
H.
3.
(
excepting
in
that
Parliament
of
Montfort's
Faction
)
the
Bishops
and
dignified
Clergy
,
Earls
,
Barons
and
Tenents
in
Capite
,
were
only
summoned
as
Members
of
the
great
Councils
;
and
there
were
no
Representatives
of
the
Commons
;
and
the
Kings
Authority
in
summoning
,
dissolving
and
making
Laws
is
most
manifest
.
Of
Parliaments
in
King
Edward
the
First
's
Reign
.
I
Shall
now
glean
out
of
Tottel
and
Pulton's
Editions
of
the
Statutes
,
the
most
material
Preambles
,
which
give
light
to
the
constituent
Parts
of
Parliaments
,
to
the
Legislative
Power
in
the
King
,
with
the
Concurrence
of
the
two
Houses
,
and
how
that
in
the
Series
of
the
Kings
Reign
hath
been
expressed
,
and
such
other
matters
relating
to
the
Parliament
,
as
may
shew
the
gradual
Progress
of
their
Constitution
,
to
the
usage
of
this
present
Age
;
leaving
the
Reader
to
make
his
own
remarques
from
the
matters
of
Fact
,
and
the
expressions
used
by
my
Authors
,
and
explaining
some
.
The
Preface
to
the
Statute
of
[
](A46988-e100730-b)(a)
(a)
Ceux
sont
les
establishments
le
Roy
Ed.
fitz
Roy
Hen.
fait
a
Westminst.
&c.
par
son
Councel
,
&
par
Passentments
des
Archevesques
,
Evesques
,
Abbes
,
Priores
,
Countes
,
Barons
,
&
tout
le
Commonalty
de
la
terre
illonques
summons
.
Tottel
.
Stat.
fol.
24.
Pulton
,
p.
19.
Westminster
begins
thus
,
These
are
the
Establishments
of
King
Edward
,
Son
to
King
Henry
,
made
at
Westminster
,
at
his
first
General
Parliament
after
his
Coronation
,
&c.
by
his
Council
,
and
by
the
Assent
of
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Earls
,
Barons
,
and
the
whole
Commonalty
of
the
Land
thither
summoned
.
This
Parliament
was
prorogued
before
it
met
,
and
the
Writ
of
Prorogation
mentions
only
,
Quia
generale
Parliamentum
nostrum
,
quod
cum
Praelatis
&
Magnatibus
Regni
nostri
proposuimus
habere
,
&c.
Therefore
having
prorogued
it
,
mandamus
,
&c.
Intersitis
ad
tractandum
&
ordinandum
una
cum
Praelatis
&
Magnatibus
Regni
nostri
,
[
](A46988-e100860-b)(b)
(b)
Brady
against
Pety●
,
fol.
147.
&c.
So
that
all
the
Members
are
included
in
the
two
general
Terms
of
Praelati
&
Magnates
,
which
great
Men
very
frequently
comprehended
as
well
the
Barones
Majores
,
as
Minores
,
the
Earls
,
Barons
and
greater
Tenents
in
Capite
,
and
the
less
,
which
then
were
called
the
Community
of
the
Kingdom
.
The
rest
of
the
Preamble
of
the
Statutes
made
at
[
](A46988-e100940-b)(c)
(c)
Pulton's
Stat.
An.
1275.3
E.
1.
f.
19.
Westminster
runs
thus
,
Because
our
Lord
the
King
hath
great
Zeal
,
and
desire
to
redress
the
State
of
the
Realm
,
&c.
the
King
hath
ordained
and
established
these
Acts
under
written
.
The
Preface
to
the
Statute
de
Bigamis
,
4
Oct.
4
Ed.
1.
is
thus
[
](A46988-e101050-b)(d)
(d)
In
prasentia
venerabilium
purum
qu●ru●dam
Episcoporum
Angliae
&
aliorum
de
Concilio
R●gis
●●citatae
s●●erunt
constitutiones
●ub
●riptae
,
&
postmod●●m
coram
Domino
Rege
&
Concilio
s●o
auditae
&
publicatae
:
Quia
omnes
de
consili●●am
●us●●●●arii
quam
alii
concordaverunt
,
&c.
Tottel
.
p.
39.
b.
expressed
,
In
the
Presence
of
certain
Reverend
Fathers
,
Bishops
of
England
,
and
others
of
the
Kings
Council
,
the
constitutions
under
written
were
recited
,
and
after
heard
and
published
before
the
King
and
his
Council
;
for
as
much
as
all
the
King's
Council
,
as
well
Justices
as
others
did
agree
,
that
they
should
be
put
in
writing
,
for
a
perpetual
memory
,
and
that
they
should
be
stedfastly
observed
.
In
the
First
Chapter
it
is
said
,
Concordatum
est
per
Justiciarios
&
alios
sapientes
de
Concilio
Regni
Domini
Regis
,
It
was
agreed
by
the
Justices
and
other
wise
or
sage
Men
,
of
the
Council
of
the
Kingdom
of
the
Lord
the
King
.
Perhaps
(
saith
the
judicious
Doctor
Brady
)
the
best
understanding
of
the
preamble
and
first
Chapter
,
may
be
,
that
the
Laws
and
Constitutions
were
prepared
by
the
King
and
his
[
](A46988-e101120-b)(e)
(e)
Answer
to
P●tyt
,
fol.
148.
Council
,
with
the
Assistance
of
the
Justices
and
Lawyers
that
were
of
it
,
or
called
to
assist
in
it
,
and
declared
afterwards
in
Parliament
:
[
](A46988-e101140-b)(f)
(f)
Prae●i●●ae
autem
constitutiones
e●i●●
suerunt
,
&c.
&
ex●une
l●●um
habean●
.
Tottel
.
fol.
40.
for
it
is
said
in
the
close
of
the
Statute
,
The
aforesaid
Constitutions
were
published
at
Westminster
in
the
Parliament
,
after
the
Feast
of
St.
Michael
,
the
4th
.
of
the
Kings
Reign
,
and
thence
forward
to
take
place
.
The
Preamble
to
the
Statute
of
Gloucester
,
Anno
1278.
6
E.
1.
is
thus
,
[
](A46988-e101210-b)(g)
(g)
Pour
amendment
de
son
Roialm
,
&
pur
plus
pleinir
exhibition
de
droit
si
com●●●●
pr●sit
d●
Office
deman●
,
app●lles
le
plues
discretes
de
son
Roialme
,
au●●
bien
des
Granders
com●
des
Meindres
,
establie
est
&
concordantment
ordine
.
Tottel
.
fol.
50.
The
King
,
for
the
amendment
of
the
Realm
,
and
for
the
more
full
Exhibition
of
Justice
,
according
as
the
benefit
of
his
Office
requires
,
having
called
the
most
discreet
of
his
Realm
,
as
well
the
greater
as
the
smaller
;
It
is
established
and
unanimously
ordained
,
as
Pulton
adds
,
after
by
the
King
and
his
Justices
certain
Expositions
were
made
.
The
Statute
of
Mortmain
is
thus
prefaced
,
Nos
pro
[
](A46988-e101270-b)(h)
(h)
Tottel
.
p.
48.
Vtilitate
Regni
volentes
providere
,
Remedium
de
Concilio
Praelatorum
,
Comitum
,
Baronum
&
aliorum
fidelium
Regni
nostri
de
Concilio
nostro
existentium
,
providimus
,
statuimus
&
ordinavimus
,
which
[
](A46988-e101300-b)(i)
(i)
Pulton
,
fol.
35.
Anno
1279.
14.
Nov.
7
E.
1.
Pulton
renders
by
the
Advice
of
our
Prelates
,
Earls
,
Barons
and
Subjects
of
our
Kingdom
,
being
of
our
Council
,
the
King
hath
provided
,
made
and
ordained
;
whereas
by
Fideles
is
to
be
understood
the
Tenents
in
Capite
.
The
Statute
of
Acton
Burnel
,
or
Statute
Merchant
11
E.
1.
according
to
Tottel
,
was
made
by
the
[
](A46988-e101420-b)(k)
(k)
Ce
Roy
per
luy
&
per
tout
son
Counsel
ad
ordain
&
establ●e
.
Tottel
,
fol.
49.
&
82.
King
himself
and
his
whole
Council
:
That
this
was
done
in
Parliament
,
appears
by
the
Statute
of
Merchants
,
made
in
the
13th
.
of
the
same
King
,
wherein
it
is
said
,
Our
Lord
the
King
,
by
himself
and
by
his
Council
,
at
his
[
](A46988-e101440-b)(l)
(l)
A
son
Parliament
qu●il
●●●●t
a
Acton-Burnel
,
&c.
Parliament
,
which
he
held
at
Acton
Burnel
,
11
Regni
,
made
and
ordained
these
Establishments
;
or
as
[
](A46988-e101480-b)(m)
(m)
Pulton
,
fol.
36.
Pulton
hath
it
,
The
King
caused
the
Statute
made
by
the
King
and
his
Council
at
Acton
Burnel
to
be
rehearsed
,
and
hath
ordained
and
established
.
Since
the
49
of
H.
3.
to
the
18
of
Ed.
1.
we
find
[
](A46988-e101550-b)(n)
(n)
R●t
.
Pat.
20
E.
1.
m.
15.
no
Writs
for
summoning
of
Knights
,
Citizens
and
Burgesses
;
but
the
14
of
June
18
Ed.
1.
The
King
issued
out
the
following
Summons
,
Rex
,
&c.
The
Form
of
Summons
of
Knights
,
Citizens
,
and
Burgesses
,
renewed
at
the
Petition
of
the
Nobles
.
Two
or
three
Knights
to
be
chosen
.
cum
per
Comites
,
Barones
&
quosdam
alios
de
Proceribus
Regni
nostri
nuper
fuissemus
super
quibusdam
specialiter
requisiti
,
tam
cum
ipsis
quam
cum
aliis
de
communitatibus
Regni
illius
colloquium
habere
,
volumus
&
tractatum
,
&c.
Tibi
praecipimus
quod
duos
vel
tres
de
discretioribus
,
&
ad
laborandum
potentioribus
Militibus
de
Comitatu
praedicto
,
sine
dilatione
eligi
,
&
eos
ad
nos
,
&c.
venire
facias
,
&c.
cum
plena
potestate
pro
se
&
communitate
Comitatus
praedicti
,
ad
consulendum
,
&
consentiendum
pro
se
&
communitate
illa
,
hiis
quae
Comites
,
Barones
&
Proceres
praedicti
,
tum
duxerint
concordanda
,
vel
concorditer
ordinaverint
in
praemissis
.
The
English
of
which
is
,
Whereas
we
have
been
especially
petitioned
and
requested
by
the
Earls
,
Barons
and
others
of
the
great
Men
of
our
Kingdom
,
concerning
certain
matters
,
upon
which
we
will
have
Conference
and
treat
,
as
well
with
themselves
as
with
others
of
the
Counties
of
that
Kingdom
:
We
command
thee
,
that
without
delay
thou
makest
to
be
chosen
,
two
or
three
of
the
most
discreet
and
ablest
Knights
,
for
dispatch
of
business
of
the
Counties
aforesaid
,
and
cause
them
to
come
to
us
,
&c.
with
full
Power
for
themselves
,
and
the
whole
Community
of
the
County
aforesaid
,
to
consult
and
consent
for
themselves
and
that
Community
,
to
such
things
which
the
Earls
,
Barons
and
great
Men
aforesaid
,
shall
think
fit
to
agree
upon
.
From
this
we
may
observe
,
That
by
Vertue
of
this
Writ
,
No
Citizens
and
Burgesses
,
but
only
Knights
for
Counties
.
no
Citizens
or
Burgesses
could
be
chosen
or
sent
to
Parliament
;
But
only
Knights
for
Counties
:
Secondly
,
The
Scutage
was
granted
in
this
Parliament
,
as
Doctor
Brady
hath
noted
,
fourteen
days
before
the
Writ
for
Election
of
Knights
issued
out
;
and
it
is
[
](A46988-e101730-b)(o)
(o)
Tottel's
Stat.
p.
85.
apparent
,
That
the
Statute
of
Westminster
the
Third
was
made
the
Eighth
of
July
,
which
was
a
week
before
they
were
to
appear
,
and
consequently
was
made
without
them
;
for
the
Preamble
runs
,
Dominus
Rex
in
Parliamento
suo
apud
Westmonasterium
post
Pascham
Anno
Regni
sui
18.
viz.
in
quindena
S.
Johannis
Baptistae
(
i.e.
8
July
)
ad
instantium
Magnatum
Regni
sui
concessit
,
providit
&
statuit
.
From
this
Writ
and
the
Variation
of
the
following
Writs
,
and
other
Records
,
the
judicious
Doctor
Brady
[
](A46988-e101840-b)(p)
(p)
Answer
to
Petyt
,
fol.
151.
notes
,
That
it
was
from
the
Kings
Authority
,
and
at
this
time
,
that
the
House
of
Commons
came
to
be
fixed
and
established
,
in
the
present
constant
form
it
now
is
and
hath
been
for
many
Kings
Reigns
,
and
it
doth
appear
that
King
Edward
the
First
was
not
altogether
confined
to
any
certain
number
of
Knights
,
Citizens
,
or
Burgesses
,
nor
were
several
strict
forms
and
usages
now
practised
,
ever
then
thought
of
,
or
some
legal
Niceties
or
Punctilioes
now
in
use
,
then
judged
of
absolute
Necessity
.
The
Statute
of
Quo
[
](A46988-e101890-b)(q)
(q)
Pulton
,
An.
1290.
fol.
58.
Warranto
in
the
Eighteenth
Year
of
Edward
the
First
,
saith
that
the
King
of
his
special
Grace
,
and
for
the
affection
he
beareth
to
his
Prelates
,
Earls
and
Barons
,
and
others
of
his
Realm
hath
granted
,
&c.
The
Statute
de
[
](A46988-e101970-b)(r)
(r)
Idem
,
Anno
1293.
fol.
61.
Malefactoribus
in
Parcis
in
the
Twenty
first
Year
of
Edward
the
First
,
saith
,
Our
Lord
the
King
at
his
Parliament
,
&c.
at
the
instance
of
the
Nobles
of
the
Realm
hath
granted
,
&c.
Anno
1294.
the
King
issues
out
his
[
](A46988-e102060-b)(s)
(s)
Cl.
22
E.
1.
m.
6.
dorso
.
Four
Knights
for
a
County
.
Writs
to
cause
two
Knights
out
of
every
County
to
be
chosen
,
&c.
Dated
the
Eighteenth
of
October
,
and
the
next
day
issues
out
Writs
for
other
two
to
be
chosen
to
meet
at
the
same
time
and
place
.
Out
of
Mr.
Ryley's
[
](A46988-e102150-b)(t)
(t)
Fol.
241.
Placita
Parliamentorum
it
is
clear
,
that
the
Parliament
which
met
on
the
Octaves
of
St.
[
](A46988-e102180-b)*
*
Claus.
28
E.
1.
m.
3.
dorso
.
Hilary
or
the
Twentieth
of
January
,
in
the
Twenty
eighth
Year
of
Edward
the
First
,
sate
but
eight
days
,
the
Writ
for
the
Commons
Expences
,
bearing
date
,
January
the
Thirtieth
of
the
same
Year
;
and
the
Letter
to
the
Pope
,
signed
by
the
Temporal
Lords
for
themselves
,
and
the
whole
Community
of
the
Kingdom
of
England
;
is
dated
February
the
twelfth
next
following
,
after
the
Commons
had
been
dismissed
fourteen
days
:
so
that
the
Barons
still
continued
to
stile
themselves
the
Community
of
England
,
The
Barons
stay
after
the
Commons
dismissed
.
and
both
Spiritual
and
Temporal
Barons
,
and
others
of
the
King's
Council
did
stay
and
dispatch
much
Business
after
all
others
were
dismissed
,
as
further
appears
in
a
[
](A46988-e102310-b)(u)
(u)
See
Brady's
Answer
to
Petyt
,
fol.
152.
Proclamation
21
March
,
33
Ed.
1.
Wherein
the
King
gives
the
Archbishops
,
Bishops
,
and
other
Prelates
,
Earls
and
Barons
,
Knights
of
Counties
,
Citizens
and
Burgesses
,
and
other
Persons
of
the
Commons
,
which
by
our
Lord
the
King's
Command
came
to
this
Parliament
,
many
Thanks
for
their
coming
,
and
willeth
that
at
present
they
return
into
their
Counties
,
so
as
they
readily
,
and
without
delay
do
come
again
at
the
time
when
they
shall
be
remanded
;
except
the
Bishops
,
[
](A46988-e102360-b)(w)
(w)
Sauve
les
Evesques
,
Countes
,
&
Barons
,
Justices
,
&
autres
qui
sont
du
Conseil
nostre
Seigneur
le
Roy
,
que
ceux
ne
sen
allient
saunz
especial
conge
du
Roy.
The
King's
Council
prepare
Laws
.
Earls
and
Barons
,
Justices
and
others
,
which
are
of
the
King's
Council
,
who
may
not
depart
without
special
leave
of
the
King
.
I
shall
not
here
enter
into
the
enquiry
how
far
the
extent
of
the
Power
of
the
King's
Council
was
in
those
days
;
but
it
is
very
apparent
that
the
King
with
advice
of
his
Council
,
proposed
Laws
,
and
that
others
proposed
by
the
Houses
,
were
considered
by
the
King
and
Council
,
as
no
doubt
they
are
now
considered
before
the
King
gives
his
Assent
to
Bills
.
So
in
the
Statute
of
the
Definition
of
[
](A46988-e102400-b)(x)
(x)
Pulton
,
An.
1304.
fol.
72.
Conspirators
in
the
three
and
Thirtieth
Year
of
King
Edward
the
First
,
it
is
said
,
This
Ordinance
was
accorded
by
the
King
,
and
his
Council
in
his
Parliament
.
Also
in
the
Ordinance
of
[
](A46988-e102450-b)(y)
(y)
Idem
,
Anno
1305.
Enquests
,
the
Eighteenth
of
Sept.
in
the
thirty
third
Year
of
Ed.
the
First
,
It
is
said
it
is
agreed
and
ordained
by
the
King
and
all
his
Council
,
that
is
,
his
Parliament
.
As
to
the
special
Prerogative
of
the
King
in
giving
the
ultimate
Character
and
fiat
to
the
Laws
,
every
Act
expresseth
it
;
so
the
Statute
of
[
](A46988-e102510-b)(z)
(z)
18
Sept.
33
E.
1.
Champerty
,
the
Statutes
are
called
by
the
King
,
Our
Statutes
,
and
,
Our
Lord
the
King
hath
commanded
;
and
in
the
Statute
de
Conjunctim
feoffat
.
it
is
said
,
It
is
no
new
thing
that
among
divers
Establishments
of
Laws
,
which
we
have
ordained
in
our
time
;
so
in
the
Ordinatio
Forestae
,
34
Ed.
1.
The
King
Ordains
.
[
](A46988-e102580-b)(a)
(a)
Id.
Anno
1306.
fol.
73.
We
have
ordained
for
our selves
,
and
our
Heirs
.
So
in
the
Statute
De
asportatu
Religiosorum
,
35
Ed.
1.
it
is
said
by
the
Council
of
his
Earls
,
Barons
,
great
Men
,
and
other
Nobles
of
his
Kingdom
,
at
his
Parliament
,
Our
Lord
the
King
hath
Ordained
and
Enacted
.
I
shall
only
note
first
,
That
in
the
Twenty
eighth
of
this
King
those
the
[
](A46988-e102640-b)(b)
(b)
Cl.
28
E.
1.
m.
3.
dorso
.
King
had
appointed
being
ready
to
give
an
account
of
the
Perambulation
of
the
Forests
,
the
King
put
a
present
stop
to
their
report
,
and
his
determination
;
because
the
Prelates
,
Earls
,
Barons
,
The
Reason
the
King
will
determine
nothing
without
advice
in
Parliament
.
and
the
rest
of
the
Magnates
of
the
Kingdom
,
in
whose
Presence
his
own
,
and
others
Reasons
should
be
propounded
,
and
heard
,
and
by
whose
Councils
he
intended
to
work
(
especially
seeing
they
were
bound
by
Oath
as
well
as
himself
,
to
observe
and
maintain
the
Rights
of
the
Kingdom
and
Crown
)
were
not
then
present
,
and
those
were
not
summoned
who
should
propound
their
Reasons
,
so
far
as
the
matters
concerned
them
,
and
the
King
was
not
willing
without
their
advice
to
put
an
end
to
the
matters
,
therefore
he
orders
the
Sheriffs
to
cause
the
two
Knights
that
came
to
the
last
Parliament
,
by
his
Precept
,
now
to
come
,
and
the
like
for
the
Cities
and
Burroughs
,
and
if
any
were
dead
,
or
infirm
,
so
that
he
could
not
come
,
then
to
cause
another
to
be
chosen
.
By
which
it
appears
that
it
was
only
from
the
King's
Indulgence
,
and
that
he
might
more
deliberately
resolve
,
for
the
best
advantage
of
his
Subjects
,
and
for
their
satisfaction
,
that
he
would
have
the
advice
of
a
fuller
Assembly
.
We
may
also
further
note
from
hence
,
that
it
was
in
the
King's
Power
to
summon
the
same
Knights
,
Citizens
,
and
Burgesses
without
a
new
Choice
,
except
the
Persons
were
dead
or
infirm
.
Of
the
Parliaments
in
King
Edward
the
Second's
time
.
IN
this
King's
Reign
,
these
following
Particulars
are
most
observable
:
In
the
Statute
for
[
](A46988-e102770-b)(a)
(a)
Pulton
,
An.
1307.
fol.
79.
Knights
,
1
Regni
,
it
is
said
Our
Lord
the
King
hath
granted
.
In
the
Summons
,
5
Ed.
2.
the
Precept
to
the
Sheriff
,
The
same
Knights
,
&c.
to
come
that
were
before
.
is
to
cause
to
come
to
the
Parliament
,
to
be
held
at
Westminster
,
those
Knights
,
Citizens
and
Burgesses
in
his
Bailiwick
,
which
he
caused
to
come
lately
to
the
present
Parliament
at
London
,
and
which
for
certain
causes
went
from
the
said
Parliament
,
[
](A46988-e102870-b)(b)
(b)
Cl.
5
E.
2.
m.
26.
dorso
.
Vel
alios
ad
h●●
idoneos
loco
ipsorum
si
ad
hoc
vacare
non
possunt
.
or
others
fit
for
the
Imployment
,
if
they
cannot
be
at
leisure
.
Dated
Octob.
11.
In
the
sixth
of
Ed.
2.
we
have
an
example
of
the
King
's
[
](A46988-e102940-b)(c)
(c)
Cl.
6
E.
2.
m.
27.
dorso
.
A
Form
of
Prorogation
.
proroguing
the
House
of
Commons
in
these
Words
,
Dominus
Rex
praecepit
quod
Milites
,
Cives
&
Burgenses
qui
ad
Parliamentum
Regis
ibidem
summonitum
,
convenerunt
pro
Comitatibus
,
Civitatibus
,
&
Burgis
Angliae
,
ad
propria
remearent
,
ita
quod
reverterentur
ibidem
in
crastino
S.
Mich.
prox
.
futuro
sub
poena
qua
decet
.
So
that
as
they
were
commanded
to
return
home
,
so
they
were
appointed
a
time
to
return
under
the
Intimation
of
a
Punishment
.
The
Preamble
to
the
[
](A46988-e103010-b)(d)
(d)
Pulton
,
An.
1315.
fol.
80.
The
King
with
his
Council
revise
Articles
after
the
Parliament
ended
.
Articuli
Cleri
runs
thus
,
That
by
the
Kings
Progrenitors
and
himself
,
at
the
Instance
of
the
Prelates
,
certain
Articles
were
made
,
and
in
the
Parliament
at
Lincoln
,
9
Regni
,
he
caused
them
to
be
rehearsed
before
his
Council
,
and
made
certain
answers
to
be
corrected
;
and
to
the
residue
of
the
Articles
,
answers
were
made
by
him
and
his
Council
,
and
so
by
way
of
Charter
they
are
published
at
York
,
24
Nov.
10
Regni
.
The
Statute
of
[
](A46988-e103110-b)(e)
(e)
Id.
1316.
fol.
83.
Gavelet
at
London
saith
,
It
is
provided
by
our
Lord
the
King
,
and
his
Justices
.
In
the
Statute
de
Terris
[
](A46988-e103180-b)(f)
(f)
Id.
Anno
1323.
17
E.
2.
fol.
91.
Templariorum
,
it
is
said
,
Great
conference
was
had
before
the
King
himself
,
in
the
presence
of
the
Prelates
,
Earls
,
Barons
,
Nobles
,
and
great
Men
of
the
Realm
,
and
others
present
;
whereupon
the
Greater
part
of
the
King's
Council
,
The
King's
Council
and
Justices
affirm
.
as
well
the
Justices
as
other
Lay-men
,
being
assembled
,
the
Justices
affirmed
precisely
,
&c.
After
the
recital
of
Particulars
,
the
words
are
,
It
is
ordained
and
agreed
in
the
same
Parliament
.
Anno
1326.
the
last
of
Ed.
2.
There
is
a
Prorogation
of
the
[
](A46988-e103280-b)(g)
(g)
Claus.
20
E.
2.
m.
4.
dorso
.
A
Prorogation
before
Meeting
.
Parliament
,
before
meeting
,
which
runs
thus
,
That
though
the
King
had
intended
Colloquium
&
Tractatum
,
Conference
and
Treaty
in
the
Quindene
of
St.
Andrew
,
by
Isabel
the
Queen
,
and
Edward
his
eldest
Son
,
Custos
of
the
Kingdom
(
the
King
then
being
beyond
Sea
,
)
and
the
Prelats
,
Proceres
,
&
Magnates
Regni
,
and
so
had
commanded
two
Knights
of
the
Community
of
the
County
,
two
Burgesses
of
every
Burrough
;
[
](A46988-e103400-b)(h)
(h)
Quia
tamen
quibusdam
de
causis
necessariis
&
utilibus
praedict.
Parliamentum
&
Tractatum
usque
in
crast
inum
Epiphaniae
prox
.
jam
futur
.
&c.
duximus
prorogandum
.
yet
for
certain
causes
necessary
and
profitable
,
he
hath
prorogued
the
said
Parliament
and
Treaty
unto
the
day
after
Epiphany
,
&c.
Of
the
Parliaments
in
King
Edward
the
Third's
time
.
THE
Preface
to
the
Statutes
at
[
](A46988-e103460-b)(a)
(a)
Pulton
,
An.
1327.
fol.
93.
Westminster
,
1
Ed.
3.
is
thus
:
To
the
Honour
of
God
,
&c.
King
Ed.
3
,
at
his
Parliament
held
at
Westminster
,
&c.
Petition
made
by
the
Commonalty
to
the
King
and
his
Council
.
at
the
request
of
the
Commonalty
of
his
Realm
,
by
the
Petition
made
before
him
and
his
Council
in
the
Parliament
,
by
assent
of
the
Prelates
,
Earls
,
Barons
,
and
other
great
Men
assembled
at
the
said
Parliament
,
hath
granted
for
him
and
his
Heirs
for
ever
,
these
Articles
.
The
title
of
the
Statute
made
at
[
](A46988-e103560-b)(b)
(b)
Idem
,
Anno
1329.
fol.
97.
Westminster
,
27
Nov.
4
Ed.
3.
is
thus
.
At
the
request
of
the
Commons
these
things
be
Established
,
and
Enacted
by
our
Lord
the
King
,
his
Prelates
,
Established
and
enacted
by
the
King
,
Prelates
,
&c.
Earls
,
and
Barons
,
and
other
of
the
same
Parliament
.
So
that
at
Westminster
[
](A46988-e103660-b)(c)
(c)
Idem
,
Anno
1331.
fol.
100.
5
Ed.
3.
Our
Lord
the
King
by
the
Assent
of
the
Prelates
,
&c.
and
other
Great
Men
,
and
at
the
request
of
his
People
,
hath
granted
and
established
.
The
Preamble
to
the
Statutes
at
York
[
](A46988-e103730-b)(d)
(d)
Idem
,
Anno
1335.
fol.
103.
Shewed
by
the
Knights●
&c.
for
the
Commons
;
assented
to
by
the
Lords
,
with
the
Advice
of
the
King's
Council
.
9
E.
3.
runs
thus
,
It
was
shewed
to
our
Lord
the
King
,
by
the
Knights
of
the
Shires
,
Citizens
of
the
Cities
,
and
Burgesses
of
Burroughs
which
come
for
the
Commons
of
the
said
Shires
,
Cities
and
Burroughs
,
Our
Lord
the
King
,
&c.
by
the
Assent
of
his
Prelates
,
&c.
and
other
Nobles
of
this
Realm
summoned
at
this
Parliament
,
and
by
the
Advice
of
his
Council
,
being
there
;
Upon
the
said
things
disclosed
to
him
,
Ordains
,
&c.
So
the
Statute
at
[
](A46988-e103820-b)(e)
(e)
Idem
,
Anno
1336.
p.
105.
Westminster
10
E.
3.
is
,
Our
Lord
the
King
by
the
Assent
of
the
Prelates
,
&c.
and
at
the
Request
of
the
Knights
of
Shires
,
and
his
Commons
by
their
Petition
,
hath
Ordained
,
Established
,
&c.
The
Preamble
to
the
Statute
for
the
Clergy
,
16
Apr.
14
E.
3.
runs
thus
,
At
the
Petition
of
John
Archbishop
of
Canterbury
,
and
other
Prelates
,
upon
deliberation
had
with
the
Peers
of
our
Realm
,
and
other
of
our
Council
,
and
of
the
Realm
summoned
to
our
said
Parliament
.
Thus
far
we
find
the
King
Establishing
and
Ordaining
upon
the
Petition
of
the
Commons
,
as
also
of
the
Prelates
,
with
the
Assent
of
the
Prelates
and
Nobility
and
his
Council
.
Before
I
proceed
to
those
Statutes
which
mention
the
assent
or
advice
of
the
whole
Parliament
,
I
think
fit
to
insert
at
large
,
the
Repeal
of
an
imperfect
Statute
made
15
E.
3.
There
having
been
[
](A46988-e103970-b)(f)
(f)
Idem
,
Anno
1541.
15
E.
3.
fol.
115.
a
Statute
made
,
That
Ministers
of
the
Church
should
not
answer
before
the
Kings
Justices
for
things
done
touching
the
Jurisdiction
of
the
Church
:
For
what
reasons
,
and
in
what
manner
this
was
repealed
,
Repeal
of
Law
unduely
pr●cured
.
will
best
appear
by
the
Kings
Precept
to
the
Sheriff
of
Lincoln
,
which
runs
thus
:
Whereas
at
our
Parliament
,
summoned
at
Westminster
,
in
the
Quindene
of
Easter
last
past
,
certain
Articles
,
expresly
contrary
to
the
Laws
and
Customs
of
our
Realm
of
England
,
and
to
our
Prerogatives
,
and
Rights
Royal
,
were
pretended
to
be
granted
by
us
in
the
manner
of
a
Statute
.
And
considering
,
how
by
the
Bond
of
our
Oath
we
be
tied
to
the
observance
and
defence
of
such
Laws
,
Customs
,
Rights
,
and
Prerogatives
;
and
providently
willing
to
revoke
such
things
to
their
own
State
which
be
so
improvidently
done
.
Upon
Conference
and
Treatise
thereupon
,
with
the
Earls
,
Barons
and
other
Wise
Men
of
our
said
Realm
;
and
because
we
never
consented
to
the
making
of
the
said
Statute
,
but
as
it
then
behoved
us
,
we
dissimuled
in
the
Premisses
,
by
Protestations
of
Revocation
of
the
said
Statute
,
if
indeed
it
should
proceed
,
to
eschew
the
danger
,
which
by
denying
the
same
we
feared
to
come
,
for
as
much
as
the
said
Parliament
otherwise
had
been
,
without
dispatching
any
thing
,
in
discord
dissolved
,
and
so
our
earnest
business
had
likely
been
ruinated
,
which
God
prohibit
,
and
the
said
pretended
Statute
we
promised
then
to
have
sealed
.
It
seemed
to
the
said
Earls
,
Barons
,
and
other
Wise
Men
,
that
sithence
the
Statute
did
not
of
our
Free
Will
proceed
,
the
same
be
void
,
and
ought
not
to
have
the
name
or
strength
of
a
Statute
,
and
therefore
by
their
counsel
and
assent
we
have
decreed
the
said
Statute
to
be
void
,
and
the
same
as
much
as
it
proceeded
of
Dread
we
have
agreed
to
be
adnulled
.
Nevertheless
,
that
the
Articles
contained
in
the
said
pretended
Statute
,
which
by
other
of
our
Statutes
,
or
of
our
Progenitors
Kings
of
England
,
have
been
approved
,
shall
according
to
the
form
of
the
said
Statute
,
in
every
point
,
as
convenient
is
,
be
observed
,
and
the
same
we
do
only
for
the
Conservation
and
Redintegration
of
the
Rights
of
our
Crown
,
as
we
be
bound
,
and
not
that
we
should
in
any
wise
grieve
or
oppress
our
Subjects
,
whom
we
desire
to
rule
in
lenity
and
gentleness
.
So
the
King
commands
all
these
things
to
be
openly
Proclaimed
,
1
Oct.
15.
Regni
.
From
this
Statute
we
may
1st
.
Observations
upon
i●●●
observe
,
That
without
the
Kings
free
and
express
consent
,
there
can
be
no
Law
pass'd
.
2ly
.
The
Bishops
are
not
mentioned
in
this
,
it
being
contrary
to
some
Liberties
Churchmen
claimed
by
the
Canons
.
3ly
.
The
Kings
assent
was
not
compleat
,
but
only
a
temporary
one
,
like
a
Salvo
Jure
,
lest
his
earnest
business
for
which
he
called
them
should
miscarry
for
want
of
a
seeming
compliance
;
therefore
he
is
said
to
promise
the
Sealing
of
it
(
which
was
in
that
Age
the
Characteristick
of
Confirmation
)
but
never
did
it
,
but
rather
made
some
kind
of
Protestation
in
the
presence
of
some
,
that
what
he
did
was
unwillingly
.
4ly
.
That
seeing
it
did
not
proceed
of
his
Free
Will
,
therefore
by
the
advice
and
consent
of
the
Earls
,
Barons
,
and
other
Wise
Men
,
it
is
declared
void
:
Lastly
,
The
principal
reason
why
he
gave
not
his
free
consent
to
it
,
was
because
it
was
against
his
Coronation
Oath
,
whereby
he
was
tied
to
the
observance
,
and
defence
of
the
Laws
,
Customs
,
Kings
not
bound
to
consent
to
what
Bills
the
Houses
propose
.
Rights
,
and
Prerogatives
:
So
that
upon
the
whole
,
they
that
would
advise
their
Princes
to
consent
to
whatever
Bills
the
Houses
should
tender
(
as
in
the
Chapter
of
Factious
Members
of
Parliament
I
shall
have
occasion
to
discourse
)
may
learn
from
hence
,
That
the
King
found
himself
obliged
to
consent
to
no
Bills
contrary
to
the
Law
,
Customs
,
Rights
and
Prerogatives
:
such
were
those
the
unhappy
Parliament
of
41
in
the
point
of
the
Militia
,
and
their
other
dethroning
Bills
;
and
of
late
,
another
Parliament
in
the
Bill
of
Seclusion
,
endeavoured
to
impose
upon
their
Soveraigns
,
contrary
to
the
fundamental
Laws
and
Prerogatives
of
the
Crown
.
To
proceed
,
The
Preface
of
the
Statute
at
[
](A46988-e104230-b)(g)
(g)
Id.
1346.
fol.
118.
Westminster
,
7th
.
May
20
E.
3.
runs
thus
,
Because
that
by
divers
complaints
made
to
us
,
we
have
perceived
,
that
the
Law
of
the
Land
(
which
we
by
our
Oath
are
bound
to
maintain
)
is
the
less
well
kept
,
&c.
we
greatly
moved
of
Conscience
in
this
matter
,
&c.
by
the
assent
of
the
great
Men
,
and
other
Wise
Men
of
our
Council
,
We
have
ordained
,
&c.
The
Preamble
to
the
Statute
of
Labourers
[
](A46988-e104330-b)(h)
(h)
Idem
,
Anno
1349.
fol.
120.
repealed
23
E.
3.
was
thus
,
Upon
deliberation
,
and
treaty
with
the
Prelates
,
and
the
Nobles
,
and
learned
Men
assisting
us
,
of
their
mutual
assent
ordained
;
and
that
Statute
for
Labourers
which
remains
in
force
,
25
E.
3.
saith
,
Whereas
it
was
ordained
by
our
Lord
the
King
,
and
by
assent
of
the
Prelates
,
Earls
,
Barons
,
and
others
of
his
Council
,
&c.
It
is
apparent
by
several
Records
,
So
one
Knight
for
a
County
,
when
two
Burgesses
,
27
E.
3.
So
the
King
names
one
Knight
,
one
Citizen
,
and
one
Burgess
to
be
sent
,
43
E.
3.
m.
2.
That
the
Kings
of
England
have
not
been
tied
to
the
certain
number
of
Knights
,
Citizens
,
and
Burgesses
,
though
for
a
long
while
,
two
only
have
been
chosen
of
each
;
but
heretofore
,
sometimes
but
one
,
other
times
two
or
three
,
as
that
18
E.
1.
and
4
Knights
22
E.
1.
Besides
which
liberty
there
is
a
[
](A46988-e104480-b)(i)
(i)
Cl.
24
E.
3.
p.
2.
m.
3.
memorable
Record
in
this
Kings
Reign
,
wherein
the
King
appointed
the
qualifications
of
such
as
were
to
be
chosen
Members
of
the
House
of
Commons
.
The
Writ
is
directed
to
all
the
Sheriffs
of
England
,
Quod
de
Comitatu
tuo
duos
Milites
,
&c.
de
discretioribus
&
probioribus
Militibus
,
Civibus
,
&
Burgensibus
,
&
ad
laborandum
potentioribus
,
qui
non
sint
Placitatores
,
querelarum
manutentores
,
aut
ex
hujusmodi
quaestu
viventes
,
&c.
sed
homines
valentes
,
&
bonae
sidei
,
&
publicum
commodum
diligentes
,
eligi
.
Qualification
of
Members
to
be
elected
.
Pleading
Lawyers
,
Maintainers
of
Plaints
,
and
such
as
lived
of
such
like
gain
were
forbid
to
be
chosen
upon
some
particular
Reason
of
State
then
inducing
it
,
of
which
I
shall
write
something
in
the
Chapter
of
Parliaments
.
The
other
Preambles
most
[
](A46988-e104580-b)(k)
(k)
Pulton
,
An.
1350.
fol.
121.25
E.
3.
Idem
,
Anno
1350.
fol.
125.
Assent
of
the
Commonalty
.
remarkable
in
this
Kings
Reign
,
are
mostly
,
By
the
assent
of
the
Prelates
,
Earls
,
Barons
,
and
other
great
men
,
and
all
the
Commons
,
or
of
all
the
Commonalty
of
the
Kings
Realm
.
The
King
hath
Granted
,
Ordained
,
Established
,
&c.
The
Statute
for
the
Clergy
[
](A46988-e104660-b)(l)
(l)
Idem
,
Anno
1350.
fol.
122.
25
Regni
,
saith
,
Our
Lord
the
King
seeing
and
examining
by
good
deliberation
,
the
Petitions
and
Articles
delivered
to
him
in
his
Parliament
,
&c.
by
Simon
Archbishop
of
Canterbury
,
and
other
Bishops
of
his
Province
,
upon
certain
Grievances
,
&c.
By
the
Assent
of
his
Parliament
.
by
the
assent
of
his
Parliament
,
for
him
and
his
Heirs
,
willeth
and
granteth
the
Points
underwritten
.
The
Statute
of
Provisors
,
25
E.
3.
is
[
](A46988-e104770-b)(m)
(m)
Id.
1350.
fol.
129.25
E.
3.
The
King
bound
by
his
Oath
to
remedy
Mischiefs
and
Damage●
to
his
Realm
,
by
accord
of
his
People
in
Parliament
.
singular
in
its
Preamble
,
That
whereas
,
in
the
Parliament
15
E.
1.
at
Carlisle
,
the
Petition
heard
,
put
before
the
said
King
and
his
Council
in
his
said
Parliament
,
by
the
Commonalty
of
the
said
Realm
,
containing
,
&c.
whereupon
the
said
Commons
have
prayed
our
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
and
Damages
which
happen
to
his
Realm
,
he
ought
,
and
is
bound
by
his
Oath
,
with
the
accord
of
his
People
in
his
Parliament
,
thereof
to
make
Remedy
and
Law
,
and
remove
the
Mischiefs
and
Damages
,
which
thereof
ensue
,
so
pray
the
King
thereupon
to
ordain
Remedy
.
The
Statute
of
Provisors
[
](A46988-e104860-b)(n)
(n)
Id.
135●
.
fol.
131.
27
E.
3.
runs
,
Our
Lord
the
King
,
by
the
Assent
,
and
Prayers
of
the
Great
Men
,
and
Commons
of
this
Realm
,
&c.
hath
ordained
.
The
Statute
of
[
](A46988-e104920-b)(o)
(o)
Idem
,
Anno
1353.
fol.
133.
Staple
27
E.
3.
hath
a
singular
Preface
whereas
good
deliberation
had
with
the
Prelates
,
Dukes
,
Earls
,
Barons
and
Great
Men
of
the
Counties
,
that
is
to
say
,
of
every
County
one
,
One
Knight
for
a
County
,
and
so
for
Cities
and
Burroughs
.
for
all
the
Counties
;
and
so
of
Cities
and
Burroughs
,
&c.
by
the
Council
and
common
consent
of
the
said
Prelates
,
&c.
Knights
and
Commons
,
the
King
hath
ordained
,
&c.
In
the
28.
Princes
are
named
after
Prelates
.
The
Preamble
of
the
Statute
at
[
](A46988-e105030-b)(p)
(p)
Idem
,
Anno
1362.
fol.
152.
The
Request
of
the
Commons
.
Westminster
36
E.
3.
runs
thus
,
The
King
at
the
request
of
the
Commons
,
by
their
Petition
delivered
to
him
in
the
said
Parliament
,
by
the
Assent
of
the
Prelates
,
Dukes
,
Earls
,
Barons
,
and
other
Great
Men
in
the
Parliament
assembled
,
have
granted
for
him
and
his
Heirs
for
ever
,
the
Articles
underwritten
.
In
the
Second
Chapter
,
of
which
it
is
said
,
The
King
of
his
own
Will
,
without
motion
of
the
Great
Men
,
or
Commons
,
hath
granted
in
ease
of
his
People
.
The
Statutes
made
[
](A46988-e105100-b)(q)
(q)
Idem
,
Anno
1368.
fol.
159.
42
E.
3.
have
only
,
At
the
Parliament
of
our
Lord
the
King
,
it
is
assented
and
accorded
.
So
in
[
](A46988-e105140-b)(r)
(r)
Idem
,
Anno
1369.
fol.
190.
43
E.
3.
The
Prelates
,
Great
Men
,
and
Commons
seeing
the
Mischiefs
,
pray
the
King
in
this
present
Parliament
thereupon
to
ordain
Remedy
.
The
Preamble
to
the
Statutes
[
](A46988-e105190-b)(s)
(s)
Idem
,
Anno
1376.
fol.
191.
50
E.
3.
runs
thus
,
The
Prelates
,
Dukes
,
Earls
,
Barons
,
and
others
assembled
at
the
Parliament
,
&c.
Our
Lord
the
King
desiring
much
,
that
the
Peace
of
his
Land
be
well
kept
,
and
his
faithful
Subjects
in
quietness
and
tranquillity
maintained
,
hath
therefore
made
and
ordained
certain
Ordinances
,
and
also
granted
certain
Graces
and
Pardons
to
his
Commons
of
England
.
In
all
which
,
it
is
evident
,
the
Two
Houses
had
no
more
but
an
Advising
,
or
Petitioning
and
Assenting
Power
.
It
is
every
where
expressed
that
the
King
solely
Ordaineth
,
Establisheth
,
Granteth
.
However
he
owns
an
obligation
by
his
Coronation
Oath
to
make
good
Laws
for
his
Subjects
.
CHAP.
XXVII
.
Of
the
Parliaments
of
England
,
during
the
Reigns
of
King
Richard
the
Second
,
to
the
First
Year
of
King
James
the
Second
.
THE
Preface
to
the
Statutes
at
[
](A46988-e105330-b)(a)
(a)
Pulton
,
An.
1377.
fol.
163.
Westminster
,
10
R.
2.
is
thus
,
Richard
by
the
Grace
of
God
,
&c.
to
the
Sheriff
of
Nottingham
,
Greeting
;
Know
you
,
That
to
the
Honour
of
God
,
&c.
by
the
whole
Assent
of
the
Prelates
,
Dukes
,
Earls
and
Barons
of
this
our
Realm
,
Special
Instance
and
Request
of
the
Commons
.
at
the
instance
and
special
Request
of
the
Commons
of
our
Realm
,
assembled
at
our
Parliament
,
We
have
ordained
and
established
certain
Statutes
in
amendment
and
relief
of
this
our
said
Realm
.
That
at
[
](A46988-e105440-b)(b)
(b)
Idem
,
Anno
1378.
fol.
165.
Gloucester
,
2
R.
2.
is
thus
,
Our
Lord
the
King
at
his
Parliament
,
&c.
amongst
other
things
there
assented
and
accorded
,
hath
made
certain
Statutes
and
Ordinances
.
The
Preface
to
the
Statutes
at
[
](A46988-e105510-b)(c)
(c)
Anno
1379.
fol.
167.
Westminster
,
the
same
year
,
runs
thus
,
Our
Lord
the
King
,
&c.
of
the
Assent
of
the
Prelates
,
Dukes
,
Earls
,
Barons
and
other
great
Men
,
and
of
the
Commons
of
this
Realm
summoned
,
&c.
hath
ordained
.
In
the
first
Chapter
of
the
Statutes
at
[
](A46988-e105580-b)(d)
(d)
Idem
,
Anno
1380.
fol.
169.
Northampton
,
4
R.
2.
it
is
thus
,
The
Commons
of
our
Parliament
have
prayed
us
,
by
their
Petition
delivered
to
us
,
at
our
present
Parliament
,
&c.
We
considering
the
said
Supplication
,
will
and
grant
by
the
Assent
of
the
Prelates
and
Lords
aforesaid
.
In
the
Fourth
Chapter
of
the
Statutes
at
[
](A46988-e105650-b)(e)
(e)
Idem
,
Anno
1382.
fol.
175.
Westminster●
5
R.
2.
The
Members
accustomed
to
be
summoned
to
Parliament
,
are
particularly
by
their
Degree
distinguished
,
viz.
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Dukes
,
Earls
,
Barons
,
Bannerets
,
Knights
of
the
Shires
,
Citizens
and
Burgesses
,
which
last
are
frequently
comprehended
by
the
words
Others
or
Commonalty
.
The
Preamble
to
the
Statutes
8
R.
2.
at
[
](A46988-e105750-b)(f)
(f)
Idem
,
An.
1384.
fol.
179.
Westminster
,
is
to
the
Honour
of
God
,
and
at
the
Request
of
the
Commonalty
,
of
the
Assent
of
the
Prelates
,
Great
Men
and
Commons
aforesaid
,
Assent
of
Commons
.
Our
Lord
the
King
hath
caused
to
be
made
.
The
Statutes
9
R.
2.
at
[
](A46988-e105820-b)(g)
(g)
Idem
,
Anno
1385.
fol.
179.
Westminster
,
are
thus
prefaced
,
Our
Lord
the
King
of
the
Assent
of
the
Prelates
,
Dukes
,
Marquesses
,
Earls
,
Barons
and
Commons
,
hath
ordained
and
established
.
The
[
](A46988-e105870-b)(h)
(h)
Idem
,
Anno
1386.
fol.
180.
Preface
to
the
Statute
10
R.
2.
is
very
full
in
the
Expressions
of
the
kindness
of
the
King
to
his
Subjects
in
this
Form
,
Know
ye
for
the
Reverence
of
God
,
and
to
nourish
Peace
,
Unity
and
good
Accord
,
in
all
Parties
within
the
Realm
,
and
especially
for
the
common
Profit
and
Ease
of
our
People
,
and
good
Government
of
the
same
(
which
we
chiefly
desire
)
of
the
Assent
of
the
Lords
and
Commons
assembled
in
Parliament
,
Assent
of
the
Lords
and
Commons
.
we
have
caused
to
be
made
a
Statute
.
So
in
the
11th
.
Regni
[
](A46988-e105930-b)(i)
(i)
Idem
,
Anno
1387.
fol.
181.
the
King
heartily
desiring
,
That
the
Peace
of
the
Land
,
be
well
holden
and
kept
,
and
his
faithful
Subjects
nourished
and
governed
in
Quietness
and
Tranquillity
;
and
in
that
at
Westminster
[
](A46988-e105970-b)(k)
(k)
Idem
,
Anno
1388.
fol.
182.
13
Regni
,
For
the
Honour
of
God
and
Holy
Church
,
and
for
the
common
profit
of
his
Liege
People
.
In
the
First
Chapter
of
the
Statute
at
[
](A46988-e106020-b)(l)
(l)
Anno
1389.
fol.
189.
Westminster
,
13
R.
2.
it
is
thus
expressed
,
That
our
Lord
the
King
,
at
his
Parliament
holden
at
Westminster
,
&c.
Grievous
Complaints
of
the
Commons
.
hearing
the
grievous
Complaints
of
his
said
Commons
,
&c.
the
more
because
Charters
of
Pardons
have
been
easily
granted
in
such
Cases
;
the
Commons
requested
,
that
such
Charters
might
not
be
granted
.
To
whom
the
King
answered
,
The
King
will
save
his
Liberty
and
Regality
.
That
he
will
save
his
Liberty
and
Regality
as
his
Progenitors
have
done
heretofore
:
But
to
nourish
the
more
Quietness
and
Peace
within
this
Realm
,
by
the
Assent
of
the
Great
Men
and
Nobles
he
hath
granted
,
&c.
In
the
[
](A46988-e106130-b)(m)
(m)
Idem
,
Anno
1396.
fol.
199.
Statute
20
R.
2.
By
the
Assent
of
the
Prelates
,
Lords
and
Commons
,
The
Title
of
the
Statutes
at
[
](A46988-e106170-b)(n)
(n)
Idem
,
Anno
1397.
fol.
200.
Westminster
21
R.
2.
is
thus
,
It
is
to
be
understood
,
that
our
Lord
the
King
,
&c.
of
the
Assent
of
the
Prelates
,
Dukes
,
Earls
,
Barons
and
Commons
of
his
Realm
there
assembled
,
hath
made
certain
Statutes
and
Ordinances
.
Repeal
of
Statutes
made
by
Threats
.
Amongst
the
rest
is
a
Repeal
of
the
Statutes
made
10
R.
2.
For
that
they
were
made
by
Threats
given
to
the
King
,
and
by
constraint
.
So
it
may
be
noted
,
That
Henry
the
Fourth
repealed
all
the
Statutes
made
in
the
last
Parliament
,
21
R.
2.
Of
the
Parliaments
in
King
Henry
the
Fourth's
time
.
THE
Preamble
to
the
Statute
at
[
](A46988-e106320-b)(a)
(a)
Idem
,
Anno
1399.
fol.
200.
Westminster
1
H.
4
,
runs
thus
,
Henry
by
the
Grace
of
God
,
&c.
to
the
Laud
and
Honour
of
God
,
and
Reverence
of
Holy
Church
,
for
to
nourish
Unity
,
Peace
and
Concord
,
of
all
Parties
within
the
Realm
of
England
,
and
for
redress
and
recovery
of
the
same
Realm
of
England
,
which
now
of
late
hath
been
dangerously
put
to
great
Ruin
,
Mischief
and
Desolation
,
of
the
Assent
of
the
Prelates
,
Instance
and
special
Request
of
the
Commons
.
Dukes
,
Earls
,
Barons
;
and
at
the
Instance
and
special
Request
of
the
Commons
of
the
same
Realm
assembled
,
&c.
hath
made
,
ordained
and
established
,
certain
Ordinances
and
Statutes
.
Throughout
all
this
Kings
Reign
,
most
of
the
Prefaces
are
much
the
same
,
By
the
Assent
,
or
Advice
and
Assent
of
the
Prelates
,
&c.
At
the
Request
or
special
Instance
and
Request
of
the
Commons
.
Only
in
the
Preface
to
some
,
Assent
of
the
Lords
Spiritual
and
Temporal
.
it
is
,
By
the
Assent
and
Advice
of
the
Lords
Spiritual
and
Temporal
:
this
Distinction
being
mostly
brought
into
use
in
his
time
,
as
may
be
seen
in
the
4th
.
6th
.
and
9th
.
of
his
Reign
.
Of
the
Parliaments
in
King
Henry
the
Fifth
's
time
.
THE
Preamble
to
the
Statutes
at
[
](A46988-e106510-b)(a)
(a)
Idem
,
Anno
1413.
fol.
224.
Westminster
1
H.
5.
runs
thus
,
Our
Lord
the
King
at
his
Parliament
,
&c.
by
the
Advice
and
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
the
special
Instance
and
Request
of
the
Commons
of
this
Realm
,
hath
ordained
,
established
,
&c.
and
so
much
like
all
the
rest
,
except
the
Statutes
4
H.
5.
[
](A46988-e106590-b)(b)
(b)
Idem
,
Anno
1416.
fol.
234.
which
hath
,
Our
Lord
the
King
,
with
the
Assent
of
the
Prelates
,
Dukes
,
Earls
,
Barons
,
and
at
the
special
Instance
and
Request
of
the
Commons
.
Of
the
Parliaments
in
King
Henry
the
Sixth
's
time
.
THE
Preamble
to
the
First
Statute
of
[
](A46988-e106670-b)(a)
(a)
Idem
,
Anno
1422.
fol.
239.
Westminster
,
1
H.
6.
is
thus
,
At
the
Parliament
held
at
Westminster
,
&c.
Our
Sovereign
Lord
the
King
,
Sovereign
Lord
the
King
.
by
the
Advice
and
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
the
special
Instance
and
Request
of
the
Commons
of
the
Realm
,
&c.
hath
caused
to
be
ordained
and
established
,
&c.
The
2d
.
3d.
4th
.
and
6th
.
of
H.
6.
are
the
same
.
As
the
first
Statutes
,
call
him
Our
Sovereign
Lord
,
which
was
not
used
formerly
;
so
in
that
of
the
8th
.
of
H.
6.
he
is
stiled
Our
most
Noble
Christian
Lord
Henry
,
&c.
11
Regni
[
](A46988-e106820-b)(b)
(b)
Idem
,
Anno
1433.
fol.
261.
part
of
a
new
Phrase
was
used
,
By
Authority
of
Parliament
,
which
after
some
while
is
now
familiarly
used
;
that
Preface
runs
thus
,
By
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
the
special
Request
of
the
Commons
in
his
said
Parliament
assembled
,
By
Authority
of
the
said
Parliament
.
by
Authority
of
the
same
Parliament
,
Our
Sovereign
Lord
the
King
hath
ordained
and
established
divers
Statutes
,
Declarations
and
Ordinances
.
The
Preface
to
the
Statutes
at
[
](A46988-e106870-b)(c)
(c)
Idem
,
Anno
1452.
fol.
286.
Reading
,
31
Regni
hath
these
words
,
Our
Lord
the
King
,
by
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
,
being
in
the
said
Parliament
,
and
by
Authority
of
the
same
Parliament
,
hath
made
,
ordained
and
established
divers
Acts
and
Statutes
.
Here
the
Commons
Assent
is
joyned
with
the
Lords
,
whereas
in
most
others
of
his
Reign
it
is
,
At
the
special
request
of
the
Commons
.
So
it
is
in
that
at
Westminster
,
which
is
like
the
first
;
only
it
saith
,
Our
Sovereign
Lord
,
&c.
the
Thirty
ninth
of
his
Noble
and
Gracious
Reign
.
Of
the
Parliaments
in
King
Edward
the
Fourth
's
Reign
.
THE
Preamble
to
the
Statutes
of
[
](A46988-e107000-b)(a)
(a)
Idem
,
Anno
1461.
fol.
291.
King
Edward
by
the
Grace
of
God
.
Westminster
,
1
Regni
,
is
Edward
by
the
Grace
of
God
,
&c.
to
the
Honour
of
God
and
Holy
Church
,
to
nourish
Peace
,
Unity
and
Concord
within
his
Realm
(
which
he
much
desireth
)
by
the
Advice
and
Assent
of
the
Lords
Spiritual
and
Temporal
of
the
same
Realm
,
and
at
the
special
Request
of
the
Commons
of
his
said
Realm
assembled
,
by
Authority
of
the
same
Parliament
,
hath
ordained
.
The
rest
of
the
Prefaces
vary
very
little
,
except
that
in
the
3
E.
4.
it
is
,
By
the
Advice
and
Assent
of
his
Lords
Spiritual
and
Temporal
,
and
the
Commons
,
&c.
Of
the
Parliament
in
King
Richard
the
Third's
time
.
THE
Preamble
to
the
Statutes
at
[
](A46988-e107150-b)(a)
(a)
Idem
,
Anno
1483.
fol.
315.
Westminster
,
1
R.
3.
runs
thus
,
Richard
by
the
Grace
of
God
,
&c.
to
the
Honour
of
God
and
of
Holy
Church
,
and
for
the
Common-wealth
of
his
Realm
of
England
,
Advice
and
Assent
of
Lords
Spiritual
and
Temporal
,
and
Request
of
the
Commons
.
&c.
By
the
Advice
and
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
at
the
Request
of
the
Commons
of
the
said
Realm
,
summoned
to
the
said
Parliament
,
by
the
Authority
of
the
same
Parliament
,
hath
ordained
and
established
,
for
the
Quietness
of
his
People
,
certain
Statutes
.
Of
the
Parliaments
in
King
Henry
the
Seventh
's
time
.
THE
Prefaces
to
all
the
Acts
in
his
[
](A46988-e107290-b)(a)
(a)
Idem
,
Anno
1485.
fol.
324.
Reign
,
are
much
alike
,
thus
,
The
King
our
Sovereign
Lord
Henry
,
&c.
To
the
Honour
of
God
,
&c.
By
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
the
said
Parliament
assembled
,
and
by
Authority
of
the
said
Parliament
,
hath
done
to
be
made
certain
Statutes
and
Ordinances
.
Of
the
Parliaments
in
King
Henry
the
Eighth
's
time
.
MOST
of
the
Prefaces
to
the
20th
.
of
his
Reign
are
the
same
as
in
King
H.
the
7th
.
mutatis
mutandis
.
The
Title
of
the
21
H.
8.
[
](A46988-e107430-b)(a)
(a)
Id.
fol.
392.
only
is
,
Statuta
ad
Rempublicam
spectantia
edita
in
1
Sessione
Parliamenti
,
&c.
Anno
Regni
invictissimi
Principis
Henrici
,
&c.
In
the
5th
.
Chapter
of
the
Acts
of
the
[
](A46988-e107490-b)(b)
(b)
Id.
fol.
435.
24th
.
of
his
Reign
,
The
King
our
Sovereign
Lord
.
it
is
thus
,
Be
it
enacted
by
the
King
our
Sovereign
Lord
,
with
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
of
this
present
Parliament
assembled
,
and
by
Authority
of
the
same
:
So
most
of
the
rest
are
,
excepting
that
in
the
second
Chapter
of
the
26.
of
[
](A46988-e107520-b)(c)
(c)
Id.
fol.
465.
his
Reign
,
it
is
said
,
Therefore
be
it
enacted
by
Authority
of
this
present
Parliament
.
So
in
the
first
Chapter
of
the
[
](A46988-e107550-b)(d)
(d)
Id.
fol.
485.
28
Regni
,
it
is
said
,
For
the
Remedy
whereof
,
May
it
please
the
King
,
&c.
it
be
enacted
.
may
it
please
the
King
our
Sovereign
Lord
,
by
the
Assent
,
&c.
it
may
be
enacted
.
The
Title
of
the
Acts
31
H.
8.
[
](A46988-e107630-b)(e)
(e)
Id.
fol.
537.
H.
8.
Defender
of
the
Faith
,
and
in
Earth
Supreme
Head
,
&c.
runs
thus
,
Henry
the
8th
.
&c.
Defender
of
the
Faith
,
and
in
Earth
supreme
Head
immediately
under
Christ
,
of
the
Church
of
England
,
to
the
Honour
of
Almighty
God
,
Conservation
of
the
true
Doctrine
of
Christian
Religion
,
and
for
the
Concord
,
Quiet
,
and
Wealth
of
this
his
Realm
,
and
Subjects
of
the
same
,
held
his
most
high
Court
of
Parliament
,
&c.
wherein
were
established
these
Acts
following
:
and
in
the
first
Chapter
it
is
said
,
Be
it
enacted
,
&c.
Be
it
enacted
by
the
King
,
our
dread
Sovereign
Lord
,
and
by
the
assent
of
the
Lords
,
Spiritual
and
Temporal
,
and
by
the
Commons
of
this
present
Parliament
assembled
.
The
Thirty
second
of
H.
8.
hath
these
Expressions
,
which
day
the
said
Parliament
continued
by
divers
Prorogations
,
was
by
His
Graces
Authority
finished
and
dissolved
,
amongst
many
other
the
Acts
following
,
By
his
Highness
,
with
the
assent
of
the
Lords
,
Spiritual
and
Temporal
,
and
the
Commons
assembled
in
the
said
Parliament
,
have
been
Established
,
Ordained
,
and
Enacted
.
Of
the
Parliaments
in
King
Edward
the
Sixth
's
Reign
.
IN
the
first
Chapter
of
the
first
[
](A46988-e107800-b)(a)
(a)
Id.
fol.
687.
Statutes
made
1.
Regni
,
it
is
said
,
The
Kings
most
Excellent
Majesty
,
King
's
Excellent
Majesty
—
Princely
Serenity
—
Highness
.
minding
the
Governance
and
Order
of
his
most
loving
Subjects
to
be
in
most
perfect
Unity
and
Concord
in
all
things
,
&c.
as
his
most
Princely
Serenity
and
Majesty
,
hath
already
declared
by
evident
Proofs
.
Be
it
enacted
by
the
Kings
Highness
,
with
the
assent
of
the
Lords
,
Spiritual
and
Temporal
,
and
of
the
Commons
of
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
.
In
the
second
and
third
Year
of
Ed.
6.
they
are
called
[
](A46988-e107870-b)(b)
(b)
Id.
fol.
712.
Acts
in
the
Session
,
&c.
humbly
prayen
,
That
it
may
be
Ordained
,
and
Enacted
by
His
Majesty
,
with
the
assent
of
the
Lords
and
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
.
The
rest
are
much
,
what
like
these
foregoing
.
Of
the
Parliaments
in
Queen
Mary's
Reign
.
IN
the
Title
of
her
first
[
](A46988-e107950-b)(a)
(a)
Id.
fol.
817.
Acts
,
she
is
stiled
,
Ordained
and
enacted
by
the
Queen
our
Sovereign
Lady
,
and
Assent
of
Lords
Spiritual
and
Temporal
,
and
Commons
.
Defender
of
the
Faith
,
and
Supreme
Head
of
the
Church
&c.
Be
it
therefore
ordained
and
enacted
by
the
Queen
our
Sovereign
Lady
,
with
the
assent
of
the
Lords
,
Spiritual
and
Temporal
,
and
of
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
.
After
the
Marriage
of
[
](A46988-e108010-b)(b)
(b)
Id.
fol.
831.
Queen
Mary
,
with
King
Philip
of
Spain
,
the
title
is
only
,
Acts
made
in
the
Reign
of
our
Sovereign
Lord
and
Lady
,
Philip
and
Mary
,
Defenders
of
the
Faith
,
leaving
out
Supreme
Head
,
&c.
In
the
fourth
and
[
](A46988-e108100-b)(c)
(c)
Id.
fol.
863.
fifth
of
Philip
and
Mary
,
in
the
Body
of
the
Acts
,
it
is
thus
,
Be
it
Enacted
,
Ordained
,
and
Established
by
the
King
and
Queens
Majesty
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
.
Of
the
Parliaments
in
Queen
Elizabeth's
time
.
WE
may
observe
something
new
in
the
Acts
of
this
Queen
;
we
have
noted
once
in
Henry
the
Eighth's
time
,
the
two
Houses
pray
that
it
may
be
enacted
,
and
so
in
Edward
the
Sixth
:
but
in
the
first
[
](A46988-e108200-b)(a)
(a)
Id.
fol.
873.
Chapter
of
the
Acts
of
this
Queen
,
it
is
more
full
thus
,
Most
humbly
beseech
Your
most
Excellent
Majesty
.
Most
humbly
beseech
your
most
excellent
Majesty
,
your
faithful
and
obedient
Subjects
,
the
Lords
,
Spiritual
and
Temporal
,
and
the
Commons
of
this
your
present
Parliament
assembled
;
and
in
another
[
](A46988-e108230-b)(b)
(b)
Id.
fol.
874.
Paragraph
,
That
it
may
please
your
Highness
that
it
may
be
further
enacted
;
and
in
another
place
,
If
some
redress
(
by
Authority
of
this
your
High
Court
of
Parliament
,
High
Court
of
Parliament
.
with
the
assent
of
your
Highness
)
be
not
had
and
provided
.
5
Eliz.
Cap.
1.
it
is
thus
expressed
,
Be
it
therefore
Enacted
,
Ordained
,
and
Established
by
the
Queen
our
Sovereign
Lady
,
and
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
Authority
of
the
same
.
And
in
the
Eighth
,
Be
it
now
Declared
and
Enated
by
the
Authority
of
this
present
Parliament
.
Most
of
all
the
rest
of
the
Acts
of
her
Reign
are
expressed
after
some
of
these
forms
.
The
43
of
her
Reign
,
in
the
First
Chapter
it
is
thus
,
In
most
humble
wise
beseechen
your
most
excellent
Majesty
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
of
your
Highness's
Parliament
assembled
.
Of
the
Parliaments
in
King
James
the
First
's
Reign
.
THE
Title
of
his
first
[
](A46988-e108340-b)(a)
(a)
Id.
fol.
1085.
Acts
is
at
the
Parliament
begun
,
&c.
To
the
pleasure
of
Almighty
God
,
the
Weal
publick
of
this
Realm
,
were
Enacted
,
&c.
In
the
First
Chapter
,
We
therefore
,
your
most
Humble
and
Loyal
Subjects
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
In
most
humble
and
lowly
manner
do
beseech
.
in
most
humble
and
lowly
manner
,
do
beseech
your
most
excellent
Majesty
,
that
it
may
be
published
and
declared
in
this
High
Court
of
Parliament
,
and
Enacted
by
Authority
of
the
same
.
In
the
Second
Chapter
it
is
said
,
Be
it
further
[
](A46988-e108410-b)(b)
(b)
Id.
fol.
1086.
Enacted
by
the
Kings
most
Excellent
Majesty
,
by
,
and
with
the
Assent
and
Consent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
Authority
of
the
same
.
In
the
Seventh
of
King
James
,
is
only
expressed
,
Be
it
Enacted
by
the
Authority
of
this
present
Parliament
,
&c.
The
rest
agrees
with
some
of
these
.
Of
the
Parliaments
in
King
Charles
the
First
's
Reign
.
THE
Preface
of
his
First
[
](A46988-e108500-b)(a)
(a)
Id.
fol.
1226.
Parliament
,
is
,
At
the
Parliament
,
&c.
To
the
high
pleasure
of
Almighty
God
,
and
to
the
weal
publick
of
this
Realm
were
enacted
,
&c.
In
the
First
Chapter
[
](A46988-e108550-b)(b)
(b)
Id.
fol.
1227.
Be
it
enacted
by
the
King
,
&c.
it
is
said
,
Be
it
Enacted
by
the
Kings
most
excellent
Majesty
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
.
In
the
beginning
of
the
Petition
[
](A46988-e108590-b)(c)
(c)
Id.
fol.
1229.
Petition
of
Right
.
of
Right
it
is
thus
worded
,
Humbly
shew
unto
our
Soveraign
Lord
the
King
,
the
Lords
Spiritual
and
Temporal
,
and
Commons
in
Parliament
assembled
,
&c.
and
the
close
of
it
is
,
All
which
they
most
humbly
pray
your
most
excellent
Majesty
,
as
their
Rights
and
Liberties
according
to
the
Laws
and
Statutes
of
this
Realm
,
&c
and
that
your
Majesty
would
be
graciously
pleased
.
In
the
Seventeenth
of
the
said
King
,
[
](A46988-e108640-b)(d)
(d)
Id.
fol.
1237.
Chap.
6.
it
is
thus
expressed
,
Therefore
the
Kings
most
excellent
Majesty
,
out
of
his
Princely
care
,
&c.
by
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
Ordaineth
,
Enacteth
,
and
Establisheth
.
Of
the
Parliaments
in
King
Charles
the
Seconds
Reign
.
THE
Preface
to
the
Acts
of
the
two
Houses
[
](A46988-e108710-b)(a)
(a)
Id.
fol.
1249.
begun
25
Apr.
1660.
not
summoned
by
the
Kings
Writ
,
is
much
the
same
with
that
of
King
Charles
the
First
,
and
King
James
,
mutatis
mutandis
.
In
the
Third
Chapter
it
is
said
,
Be
it
Enacted
by
the
Kings
most
excellent
Majesty
,
and
the
Lords
and
Commons
assembled
in
Parliament
.
In
the
Fourth
Chapter
,
[
](A46988-e108760-b)(b)
(b)
Id.
fol.
1251.
The
Commons
do
by
and
with
the
Advice
and
Consent
of
the
Lords
in
this
present
Parliament
,
and
by
Authority
of
the
same
,
give
and
grant
unto
you
our
Supreme
Liege
Lord
and
Soveraign
one
Subsidy
,
&c.
Supreme
Liege-lord
and
Sovereign
.
In
the
First
Chapter
13
Car.
2.
the
[
](A46988-e108820-b)(c)
(c)
Id.
fol.
1300.
enacting
part
is
thus
worded
,
Do
most
humbly
beseech
your
most
Excellent
Majesty
,
Most
humbly
beseech
Your
most
Excellent
Majesty
,
&c.
that
it
may
be
Enacted
,
and
be
it
Enacted
by
the
Kings
most
Excellent
Majesty
,
by
and
with
the
Advice
and
Consent
of
the
Lords
and
Commons
in
this
present
Parliament
Assembled
,
and
by
Authority
of
the
same
.
The
rest
of
the
Acts
in
King
Charles
the
Second's
Reign
,
are
continued
in
the
same
form
.
The
Titles
of
the
Acts
of
Parliament
,
1
Jac.
2.
our
most
Gracious
Soveraign
,
are
,
At
the
Parliament
begun
at
Westminster
the
19th
.
Day
of
May
,
Anno
Dom.
1685.
in
the
First
Year
of
the
Reign
of
our
most
Gracious
Soveraign
Lord
James
,
&c.
The
Enacting
part
of
the
granting
an
Imposition
,
&c.
thus
,
Most
Gracious
Soveraign
,
We
your
Majesties
most
Dutiful
and
Loyal
Subjects
,
the
Commons
Assembled
in
Parliament
,
towards
a
Supply
,
&c.
and
with
an
humble
and
thankful
acknowledgment
of
your
Majesties
favourable
and
tender
regard
to
us
your
Commons
,
have
chearfully
and
unanimously
given
and
granted
unto
your
Majesty
,
an
Aid
and
Assistance
—
and
we
do
humbly
beseech
your
Majesty
,
that
it
may
be
Enacted
,
and
be
it
Enacted
by
and
with
the
Advice
and
Consent
of
the
Lords
Spiritual
and
Temporal
,
and
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
.
All
the
other
Acts
which
are
not
Grants
of
Aid
,
Assistance
,
or
Supply
,
are
conceived
in
the
latter
words
.
By
this
full
enumeration
of
the
most
considerable
Expressions
,
either
of
Records
or
Historians
,
relating
to
the
Great
Councils
or
Parliaments
from
William
the
Conqueror's
time
to
this
present
Age
,
(
which
in
a
continued
series
of
time
I
have
deduced
,
it
appears
,
that
till
King
John's
time
,
only
the
Prelates
,
Earls
,
and
Barons
,
and
such
of
the
great
Tenents
in
Capite
as
were
not
Barons
,
were
summoned
,
and
at
the
Kings
pleasure
by
special
Writ
;
and
after
King
John's
Charter
,
the
lesser
Tenents
in
Capite
by
General
Summons
.
Also
,
that
the
Charters
of
Kings
wherein
they
granted
Liberties
to
their
Subjects
were
received
as
Laws
,
and
gave
as
ample
Satisfaction
as
now
The
King
willeth
,
doth
to
pass
a
Bill
tendred
for
his
Royal
Assent
by
both
Houses
;
and
there
was
good
reason
,
because
it
passed
under
his
Broad
Seal
.
Likewise
,
when
the
Constitution
of
Parliament
was
altered
,
49
H.
3.
whereby
in
place
of
the
Tenents
in
Capite
,
which
were
numerous
,
two
Knights
were
chosen
,
probably
by
the
rest
of
the
Tenents
in
Capite
for
the
Shires
,
and
two
Citizens
,
and
two
Burgesses
for
Burroughs
,
to
represent
all
those
that
held
in
Capite
,
and
it
is
likely
all
other
their
Subfeudatary
Tenents
;
yet
the
number
was
not
constantly
observed
,
there
being
sometimes
Knights
,
and
no
Citizens
or
Burgesses
,
sometimes
one
Knight
,
one
Citizen
,
and
one
Burgess
,
other
times
two
or
three
Knights
,
left
as
it
seems
to
the
Sheriffs
,
or
the
Chusers
Election
,
till
after
it
was
fixed
as
it
now
is
,
for
two
Knights
,
two
Citizens
,
and
two
Burgesses
,
unless
in
some
places
of
Wales
,
where
to
this
Day
,
some
two
or
three
Burroughs
chuse
but
one
or
two
Burgesses
.
Likewise
it
is
worth
the
observing
how
gradually
the
Advice
and
Assent
hath
pass'd
from
the
Advice
of
the
Bishops
and
Nobles
to
the
Assent
likewise
,
and
sometimes
at
their
request
,
only
the
King
ordains
;
and
then
from
the
Potition
of
the
Commons
to
their
joyning
in
Advice
,
and
after
to
their
Assent
,
and
many
other
material
progressive
alterations
,
which
in
this
recapitulation
I
cannot
insist
upon
,
till
it
hath
come
to
that
constitution
so
much
to
be
valued
by
all
wise
Englishmen
,
as
it
is
the
product
of
the
generous
condescensions
of
Gracious
Kings
,
and
the
wise
contrivance
of
our
considerate
Ancestors
.
Therefore
I
shall
now
pass
to
consider
our
present
Constitution
of
Parliaments
.
CHAP.
XXVIII
.
Of
the
modern
rightly
constituted
Parliaments
.
SECT.
1.
Of
the
General
Vse
of
Parliaments
.
I
Have
before
given
an
account
how
the
Persian
Laws
,
were
made
by
the
[
](A46988-e109190-b)(a)
(a)
Daniel
,
cap.
6.
v.
7
,
8.
King
,
his
Princes
,
Governours
,
Nobles
,
and
Captains
,
as
in
a
great
Council
of
several
Orders
with
the
Sovereign
;
but
we
have
an
older
example
in
Scripture
,
Great
Councils
in
Scripture
.
that
seems
to
be
the
Pattern
of
all
great
Councils
,
such
as
we
call
Parliaments
,
under
a
Monarchy
.
For
it
is
said
,
[
](A46988-e109230-b)(b)
(b)
Legem
praecepit
nobis
Moyses
haereditatem
multitudinis
Jacob.
Erit
apud
rectiss●●um
Rex
,
congregatis
Principibus
populi
cum
Tribubus
Israel
.
De●●
.
cap.
33.
v.
4
,
5.
Moses
commanded
us
a
Law
,
even
the
Inheritance
of
the
Congregation
of
Jacob
,
and
he
was
King
in
Jesurun
;
when
the
Heads
of
the
People
,
and
Tribes
of
Israel
were
gathered
together
.
Here
is
the
King
,
Moses
,
commanding
a
Law
,
and
the
Heads
of
the
People
,
the
Princes
,
or
House
of
Lords
,
and
the
Tribes
;
that
is
,
some
to
represent
the
chief
of
the
Tribes
,
like
our
House
of
Commons
.
The
Roman
Senate
,
under
the
Emperors
,
resembled
our
ancient
Great
Councils
that
consisted
of
such
as
the
King
convened
,
and
of
the
Patrician
and
Equestrian
Order
.
The
Comitia
bore
no
resemblance
with
our
Commons
,
and
the
Amphictyonican
[
](A46988-e109360-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Assemblies
,
the
Achaian
,
Boo●●an
,
and
Pan
Aetolian
,
were
Assemblies
of
Deputies
,
as
the
States
General
of
Holland
.
Such
Assemblies
,
in
all
sorts
of
Governments
are
necessary
;
Necessary
in
all
Governments
.
for
be
the
Empire
never
so
vast
,
and
the
Sovereigns
Power
never
so
great
and
uncontroulable
;
yet
without
Consultation
had
with
the
Princes
and
wise
Men
,
for
the
constituting
Laws
,
and
modelling
the
frame
and
methods
of
his
Government
,
it
would
soon
without
such
[
](A46988-e109430-b)(d)
(d)
Vis
consilii
expers
mole
ruit
sua
.
Horat.
lib.
3.
Od.
4.
Buttresses
and
Undersetters
,
sinking
in
its
Foundation
by
its
own
weight
,
with
an
hideous
rush
be
crushed
into
an
heap
of
Rubbish
.
In
Democracy
Great
Councils
are
needful
,
that
thereby
the
[
](A46988-e109460-b)(e)
(e)
Plato
de
LL.
In
Democracy
.
Male
cuncta
ministrat
impetus
.
Statius
.
Precipitancy
and
fury
of
the
Common-People
,
by
their
gravity
may
be
attempered
,
the
common
sort
being
apt
to
do
every
thing
with
a
willful
Violence
,
which
never
succeeds
well
,
when
not
directed
to
a
right
end
.
If
their
publick
affairs
were
not
committed
to
a
select
number
of
Trustees
,
nothing
would
be
brought
to
any
Issue
,
since
none
can
be
heard
,
where
all
speak
,
nor
any
good
Product
be
from
a
jumble
of
those
Atoms
.
Aristocracy
it self
consists
in
a
select
number
of
the
wisest
and
ablest
to
govern
;
In
Aristocracy
.
who
in
publick
Consultations
have
no
private
ends
:
Yet
in
the
great
Councils
,
of
neither
of
these
forms
of
Government
,
is
there
to
be
found
that
stayedness
,
orderliness
,
or
resolution
for
the
public
good
,
as
in
Monarchy
.
Why
such
Assemblies
are
not
only
convenient
,
In
Monarchy
.
but
necessary
under
Monarchy
,
there
are
many
weighty
Reasons
.
[
](A46988-e109530-b)(f)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Xenoph.
Cyropaed
.
8.
Satisfactory
to
the
Subject
.
Xenophon
observes
that
a
single
Person
sees
or
hears
but
little
,
and
Princes
must
have
many
Eyes
and
Ears
,
which
in
a
special
manner
these
Great
Councils
are
;
from
all
parts
of
the
Dominions
bringing
notice
of
what
is
amiss
,
and
wants
redress
,
as
well
as
what
is
orderly
,
and
wants
encouragement
.
Besides
,
Princes
thereby
have
the
opportunity
to
give
their
Subjects
satisfaction
in
their
Administration
,
preventing
the
surmises
and
jealousies
of
the
Nobility
,
Gentry
,
and
common
People
,
that
he
sleights
them
in
not
calling
them
sometimes
to
consult
about
affairs
of
Moment
.
Furthermore
the
Prince
by
such
congress
,
The
Prince
thereby
knows
the
Worthy
Subjects
.
consults
his
own
Interest
,
in
coming
to
the
Knowledg
of
the
most
able
,
active
,
and
popular
Subjects
,
whereby
he
may
single
out
such
as
are
most
fitted
for
public
Imployments
,
to
serve
him
in
the
several
offices
of
Government
,
and
all
(
who
thus
have
a
share
in
the
debating
,
and
consulting
about
Laws
)
will
not
only
be
witnesses
of
the
Prince's
Grace
and
Favour
,
in
granting
such
as
they
have
desired
,
and
assented
to
;
but
will
be
so
many
Heralds
of
his
Wisdom
,
and
care
of
his
Peoples
good
Government
,
and
so
many
vigorous
enforcers
of
the
Execution
of
those
Laws
they
have
so
lately
assisted
to
prepare
.
Likewise
,
The
Prince
is
skreened
from
Obloquy
.
as
Privy-Counsellors
,
and
other
Officers
,
are
sometime
as
Skreens
to
Princes
,
to
ward
off
the
Obloquy
of
the
Mobile
,
when
something
is
imposed
that
may
be
wholesome
,
though
something
bitter
to
their
Palates
:
So
especially
are
these
great
Conventions
necessary
,
where
useful
Laws
,
though
severe
,
are
to
be
enacted
,
Money
to
be
raised
,
or
other
Impositions
laid
upon
the
People
,
who
do
much
more
chearfully
,
and
less
repiningly
obey
,
when
they
know
[
](A46988-e109630-b)(g)
(g)
—
Tum
caetera
parit
,
Turba
libens
subit
,
propriis
quia
legibus
acta
.
the
Nobility
,
and
their
own
Representatives
,
have
judged
them
convenient
.
All
Men
naturally
loving
that
such
Impositions
may
immediately
result
from
themselves
,
rather
than
they
should
be
enjoyned
by
the
Princes
Arbitrary
power
,
according
to
that
of
Claudian
,
—
Observantior
aequi
Fit
Populus
,
nec
ferre
negat
,
cum
viderit
ipsum
Auctorem
parere
sibi
.
The
General
use
of
good
Parliaments
is
summed
up
in
the
[
](A46988-e109700-b)(h)
(h)
MS.
Speech
,
An.
1562.
The
general
Benefits
of
Parliaments
.
.
Chancellors
Speech
,
2
Eliz.
thus
:
That
the
principal
cause
of
their
Assembly
was
,
that
things
there
proposed
,
may
be
orderly
,
and
diligently
debated
,
deeply
considered
,
and
thereupon
wisely
concluded
.
To
examine
whether
any
Law
,
already
made
,
be
too
sharp
and
sore
,
and
so
over-burthensome
to
the
Subject
,
or
over-loose
and
soft
,
and
so
over-dangerous
to
the
State
:
For
that
acriores
sunt
morsus
intermisseae
Libertatis
,
quam
retentae
.
He
further
adds
,
The
use
of
them
is
to
consider
the
want
and
superfluities
of
Laws
,
whether
Graft
,
Malice
or
Covetousness
hath
devised
any
ways
or
means
to
defraud
the
Benefit
and
Force
of
Laws
;
and
in
matter
of
Policy
,
for
the
more
perfect
upholding
and
establishing
the
Soveraigns
Royal
State
,
and
the
Preservation
of
the
Common-weal
committed
to
the
Princes
care
.
Bodin
[
](A46988-e109770-b)(i)
(i)
Lib.
3.
de
Repub●
p.
350.
commends
the
Constitution
of
the
Government
in
England
and
Spain
,
that
they
have
Parliaments
once
in
three
Years
;
whereby
Princes
upon
any
imminent
danger
,
may
have
recourse
to
their
Council
and
Assistance
,
to
defend
their
Countries
from
Hostile
Attempts
,
to
raise
Money
for
public
Necessity
,
cure
the
Diseases
of
the
Commonweal
,
confirm
the
State
,
appoint
Laws
,
hear
the
Complaints
of
the
grieved
,
amend
Male-Administration
,
by
calling
ill
Mannagers
to
account
,
understand
what
the
Prince
otherwise
may
be
ignorant
of
,
and
generally
to
have
counsel
in
all
things
,
which
in
Prudence
are
necessary
for
the
happy
Government
of
the
Commonweal
.
Sir
[
](A46988-e109830-b)(k)
(k)
Commonwealth
,
part
1.
c.
2.
p.
37.
Tho.
Smith
saith
,
As
in
War
,
where
the
King
himself
is
in
Person
,
with
the
Nobility
,
Gentry
and
Yeomanry
,
the
Power
and
Force
of
England
is
:
So
in
Peace
and
Consultation
,
where
the
Prince
is
to
give
Life
,
and
the
last
and
highest
Commandment
,
the
Nobility
for
the
higher
,
the
Knights
,
Esquires
and
Gentlemen
for
the
lower
part
of
the
Commonwealth
,
and
the
Bishops
for
the
Clergy
,
be
present
to
advertise
and
consult
,
and
shew
what
is
necessary
for
the
Commonwealth
;
every
thing
being
advised
with
mature
Deliberation
,
every
Bill
being
thrice
read
and
disputed
upon
,
in
either
House
apart
,
and
after
the
Prince
himself
doth
consent
thereto
,
that
is
the
Prince's
and
whole
Kingdoms
Deed
:
whereupon
no
Man
can
justly
complain
,
but
must
accommodate
himself
to
find
it
just
,
See
Prynne
,
part
1.
Brief
Register
,
p.
447.
good
,
and
obey
it
;
and
concludes
,
that
whatever
the
People
of
Rome
might
do
,
either
in
Centuriatis
,
or
Tribunitiis
Comitiis
,
the
same
may
be
done
by
the
Parliament
of
England
,
which
representeth
,
and
hath
the
Power
of
the
whole
Kingdom
.
Thus
far
of
the
general
use
,
now
to
the
Constitution
.
Concerning
the
word
Parliament
,
it
is
concluded
by
most
,
Of
the
word
Parliament
.
to
come
from
the
French
word
parler
,
to
speak
;
therefore
before
the
word
was
used
by
our
Historians
,
as
appliable
to
this
great
Convention
,
the
Latin
word
Colloquium
was
frequently
used
,
to
signify
a
Conference
betwixt
the
King
and
the
great
Men
summoned
to
consult
,
advise
,
and
take
Counsel
with
the
King
,
and
among
themselves
.
Yet
before
the
word
was
used
to
signifie
these
great
Assemblies
,
we
find
it
applied
to
other
Meetings
in
William
Rufus's
time
;
For
Ingulphus
,
Abbat
of
Croyland
(
speaking
of
private
Consultations
in
that
Abby
)
saith
,
That
Semannus
de
Lek
,
[
](A46988-e110090-b)(a)
(a)
Veniens
coram
conventu
,
in
nostro
publico
Parliamento
,
&c.
coming
before
the
Convention
in
their
publick
Parliament
,
took
his
Oath
of
Fidelity
to
them
,
as
Serjeant
of
their
Church
.
The
First
that
is
noted
to
use
this
word
among
all
our
Historians
,
is
[
](A46988-e110110-b)(b)
(b)
Convenit
ad
Parliamentum
Generalissimum
totius
Regni
Angliae
,
&c.
p.
674.
Matthew
Paris
,
Anno
1246.
30
H.
3.
where
he
saith
,
There
came
to
the
most
general
Parliament
to
London
,
the
whole
Nobility
of
all
the
Kingdom
of
England
.
The
first
Mention
of
it
on
Record
,
is
in
the
[
](A46988-e110180-b)(c)
(c)
Cl.
49
E.
3.
d.
11.
Writ
of
Summons
to
the
Cinque
Ports
,
summoning
them
ad
instans
Parliamentum
nostrum
:
and
the
next
is
in
the
Writ
of
Prorogation
of
the
[
](A46988-e110230-b)(d)
(d)
Cl.
3
E.
1.20
.
dorso
.
Parliament
,
3
E.
1.
where
it
is
twice
mentioned
in
the
Writ
,
generale
Parliamentum
nostrum
,
&
eodem
Parliamento
.
Having
premised
thus
much
concerning
the
Name
and
first
usage
,
I
shall
now
discourse
of
it
in
particular
.
SECT.
2.
Of
the
Summons
of
the
Prelates
.
THAT
the
King
is
Caput
,
Principium
,
&
Finis
Parliamenti
,
as
Sir
Edward
Coke
notes
,
is
obvious
to
all
.
The
Summons
have
been
constantly
from
the
King
,
The
Summons
only
from
the
King
.
or
in
his
Name
.
In
the
former
Chapters
I
have
discoursed
out
of
our
Historians
,
that
the
Great
Councils
were
always
convened
by
the
Kings
:
Now
I
come
to
prove
it
by
Records
,
and
shall
note
,
first
the
Summons
to
the
Prelates
,
then
of
the
Nobles
,
and
thirdly
,
of
the
Knights
,
Citizens
and
Burgesses
;
only
noting
some
of
the
remarkablest
of
them
from
Mr.
Prynn
,
who
hath
so
fully
writ
of
them
in
his
brief
Register
of
Parliamentary
Writs
,
in
four
parts
,
and
his
Brevia
Parliamentaria
Rediviva
,
to
whose
indefatigable
pains
in
transcribing
such
an
infinite
of
Records
,
all
Antiquaries
,
Lawyers
,
and
Statesmen
will
be
always
beholding
;
though
in
the
use
he
made
of
such
,
before
the
late
King's
Restauration
,
or
at
least
,
while
he
sate
in
the
long
Parliament
,
few
Loyal
Men
can
follow
his
Doctrines
.
All
the
Writs
before
the
Sixth
of
King
John
,
whereby
any
were
summoned
to
great
Councils
,
are
utterly
lost
:
that
runs
[
](A46988-e110420-b)(e)
(e)
Claus.
6
Joh.
m.
3.
dorso
.
The
Summons
in
King
John's
time
.
thus
,
Mandamus
vobis
,
rogantes
,
quatenus
omni
occasione
&
dilatione
postposita
,
sicut
nos
,
&
honorem
nostrum
diligitis
,
sitis
ad
nos
apud
London
,
&c.
nobiscum
tractaturi
de
magnis
&
arduis
negotiis
nostris
,
&
communi
Regni
Vtilitate
—
vestrum
habere
consilium
&
aliorum
Magnatum
Terraendstrae
—
Abbates
&
Priores
conventuales
toti
Diuoecesis
citari
fa●iatis
.
The
second
Record
is
[
](A46988-e110500-b)(f)
(f)
Claus.
26
H.
3.
m.
13.
dorso
.
26
H.
3.
directed
to
Walter
Archbishop
of
York
;
differing
from
the
former
in
these
particulars
:
Sicut
nos
&
honorem
nostrum
;
here
is
added
,
Pariter
&
vestrum
diligitis
,
in
fide
qua
nobis
tenemini
.
Anno
38
H.
3.
the
Writ
is
directed
to
the
Archbishop
of
Canterbury
—
Paternitatem
vestram
omni
qua
possumus
affectione
rogamus
,
quaten●s
nos
,
&
Jura
nostra
totaliter
inde●ensa
non
deserentes
,
cum
omni
celeritate
convocetis
coram
vobis
Capitulum
vestrum
Cathedrale
,
Archidiaconos
,
Viros
Religiosos
,
&
Clerum
vobis
subjectum
,
inducentes
eos
omnibus
modis
quibus
poteritis
quod
nobis
in
tanta
necessitate
liberaliter
subveniant
.
I
do
not
bring
in
this
as
a
Writ
of
Summons
to
a
Parliament
,
These
Summons
for
Military
Aid
.
out
only
as
a
special
Writ
to
excite
the
Clergy
,
to
a
free
,
voluntary
and
liberal
Contribution
for
defence
of
Gascoign
,
and
so
to
show
the
Customs
of
Benevolences
in
that
Age
,
out
of
Parliament
.
The
next
[
](A46988-e110680-b)(g)
(g)
Claus.
49
H.
3.
dorso
11.
in
schedula
.
The
first
Summons
to
the
Lords
,
when
the
Commons
also
were
summoned
.
Writ
of
Summons
of
the
Prelates
to
a
Parliament
,
was
that
of
49
H.
3.
directed
to
the
Bishop
of
Duresm
,
wherein
the
occasions
of
summoning
are
reckoned
to
be
after
the
great
Troubles
,
being
quieted
by
giving
the
Prince
Hostage
,
for
establishing
the
Peace
;
therefore
to
provide
with
wholesome
Deliberation
,
and
to
establish
,
and
totally
to
compleat
with
full
Security
a
Peace
,
&c.
Et
super
quibusdam
aliis
Regni
nostri
negotiis
quae
sine
consilio
vestro
&
aliorum
Praelatorum
&
Magnatum
nostrorum
,
nolumus
expediri
,
cum
eisdem
tractatum
habere
nos
oporteat
,
vobis
mandamus
,
Rogantes
in
Fide
&
Dilectione
quibus
nobis
tenemini
,
&c.
14
Nov.
The
next
[
](A46988-e110780-b)(h)
(h)
23
E.
1.
m.
9.
dorso
.
Writ
is
that
of
23
E.
1.
to
the
Archbishop
of
Canterbury
,
thus
,
Quia
super
quibusdam
arduis
negotiis
,
nos
&
Regnum
nostrum
,
ac
vos
,
caeterosque
Praelatos
de
eodem
Regno
tangentibus
,
quae
sine
vestra
aceorum
praesentia
nolumus
expediri
,
Parliamentum
nostrum
tenere
ac
vobiscum
super
hiis
colloquium
habere
volumus
&
tractatum
,
24
July
.
The
same
Year
23
E.
1.
there
was
another
[
](A46988-e110870-b)(i)
(i)
Cl.
24
E.
1.
m.
4.
dorso
.
Parliament
summoned
by
this
memorable
Writ
,
directed
to
the
Archbishop
of
Canterbury
:
Sicut
Lex
justissima
provida
circumspectione
sacrorum
Principum
stabilita
hortatur
,
ut
quod
omnes
tangit
,
ab
omnibus
approbetur
,
sic
&
innuit
evidenter
,
ut
communibus
periculis
per
remediae
provisa
communiter
obvietur
:
Then
reciting
the
King
of
France
his
frauds
concerning
Gascoign
and
his
Hostile
preparations
,
adds
,
provisa
jaculaminus
laedunt
;
so
commands
him
in
fide
&
dilectione
,
to
be
personally
present
,
&c.
Praemunientes
Priorem
&
Capitulum
vestrae
Ecclesiae
,
Archidiaconos
,
totumque
Clerum
vestrae
Dioecesis
,
facientes
quod
iidem
Prior
&
Archidiaconus
in
propriis
personis
&
dictum
Capitulum
per
unum
,
idemque
Clerus
per
duos
Procuratores
idoneos
plenam
&
sufficientem
potestatem
ab
ipsis
Capitulo
&
Clero
habentes
,
una
vobiscum
intersint
modis
omnibus
tunc
ibidem
ad
tractandum
,
ordinandum
,
&
faciendum
nobiscum
,
&
cum
caeteris
Praelatis
&
Proceribus
&
aliis
Incolis
Regni
nostri
,
&c.
30
Sept.
The
Variations
of
the
Writs
are
mostly
these
,
The
commanding
part
of
the
Summons
to
appear
.
That
the
cause
of
the
Summons
is
diversly
expressed
,
according
to
the
present
emergence
.
Sometimes
the
word
is
Mandamus
rogantes
,
otherwhile
as
27
E.
1.
m.
16.
Effect●ose
requirimus
,
&
rogamus
,
Rogamus
specialius
,
Nihilominus
injungendo
mandamus
,
as
the
same
years
m.
9
dorso
.
Injungentes
the
same
year
:
firmiter
injungendo
,
30
E.
1.
m.
9.
dorso
:
Iterato
mandamus
,
Cl.
33
E.
1.
m.
8.
dorso
,
Firmiter
injungendo
mandamus
,
Claus
.
11
E.
3.
part
2.
m.
10.
dorso
,
Rogantes
mandamus
,
Cl.
38
H.
6.
m.
29.
dorso
,
Rogando
mandamus
,
Cl.
22
,
23
E.
4.
m.
11
dorso
.
and
so
15
Caroli
1.
fol.
20.
These
are
the
greatest
variations
in
the
Mandatory
part
,
which
was
mostly
to
be
personally
present
themselves
,
the
Bishops
,
Abbats
,
Priors
,
Deans
,
and
Archdeacons
,
and
one
Proctor
for
the
Chapter
,
and
two
for
the
Clergy
of
the
Diocess
.
Sometimes
the
word
is
,
Sitis
apud
nos
omnibus
praetermissis
,
as
27
E.
1.
m.
16.
dorso
,
or
,
Personaliter
intersitis
,
the
same
Year
,
m.
9.
dorso
,
and
30
E.
1.
m.
7
,
9.
dorso
,
and
several
other
,
or
,
Sitis
in
propria
persona
vestra
,
vel
per
sufficientem
procuratorem
a
vobis
plenam
potestatem
habentem
,
as
Cl.
6
E.
2.
m.
2.
dorso
,
or
,
quatenus
omni
excusatione
voluntaria
cessante
,
as
4
E.
3.
m.
13.
dorso
,
or
,
propter
arduitatem
&
magnitudinem
negotiorum
absentiam
vestram
n●quimus
nec
volumus
aliqualiter
excusare
:
other
times
,
especially
Sede
vacante
,
to
send
a
Proctor
,
or
Proxy
,
thus
,
Sufficientem
Procuratorem
plenam
a
vobis
potestatem
habentem
,
mittatis
,
as
27
E.
1.
m.
9.
dorso
.
But
[
](A46988-e111510-b)(k)
(k)
Claus.
6
E.
3.
m.
36.
dorso
.
other
times
thus
,
Scientes
pro
certo
,
quod
nisi
evidens
&
manifesta
necessitas
id
exposcat
,
non
intendemus
Procuratores
se●
excusatores
pro
vobis
admittere
;
and
gives
the
reason
why
,
as
they
loved
the
King
,
and
his
Honour
,
and
the
tranquillity
and
the
quiet
of
the
Kingdom
,
they
would
be
present
,
because
of
the
[
](A46988-e111570-b)(l)
(l)
Propter
ardui●atem
negotiorum
praed●ctorum
.
arduity
,
or
difficultness
of
the
business
.
Another
reason
is
given
,
Claus.
11
E.
3.
part
1.
m.
15.
lest
by
their
absence
the
expedition
of
the
Kings
Affairs
should
be
retarded
or
deferred
;
and
in
another
,
because
of
the
absence
of
them
,
oftentimes
[
](A46988-e111630-b)(m)
(m)
Fuerunt
non
absque
nostri
,
&
Regni
nostri
incommodo
,
saepius
retardata
.
the
great
Affairs
have
been
retarded
,
to
the
disprofit
of
the
King
and
his
Kingdom
.
In
the
12th
of
E.
3.
it
is
very
strict
thus
,
[
](A46988-e111660-b)(n)
(n)
Claus.
12
E.
3.
part
2.
m.
32.
dorso
.
&
13
E.
3.
part
2.
m.
1.
dorso
.
Attentis
praemissorum
arduitate
,
&
imminentibus
periculis
,
quacunque
excusatione
cessante
,
personaliter
intersitis
.
And
14
E.
3.
after
the
King
had
taken
upon
him
the
Title
of
King
of
France
,
the
charge
for
their
appearance
was
very
strict
—
Nos
sicut
honorem
nostrum
,
&
salvationem
ejusdem
Regni
nostri
Angliae
,
caeterarumque
terrarum
,
ac
jurium
nostrorum
praedictorum
,
ac
negotiorum
expeditionem
diligitis
,
nullatenus
omittatis
;
and
so
in
many
others
.
There
is
a
prevalent
Argument
used
in
the
[
](A46988-e111820-b)(o)
(o)
Claus.
16
E.
3.
part
1.
m.
39.
dorso
.
Scituri
quod
gratitudinem
,
&
ingratitudin●m
,
quas
nobis
in
absentia
nostra
jam
os●endi
contigerit
,
plus
ponderabimus
quam
si
●●crant
,
dum
praesentes
essemus
,
&
ea
curabimus
juxta
merita
,
seu
demerita
compensare
.
16
E.
3.
when
he
summoned
a
Parliament
in
his
absence
,
to
induce
the
Prelates
,
and
other
Members
to
appear
personally
,
That
the
King
lets
them
know
,
that
he
will
more
weigh
the
Gratitude
or
Ingratitude
,
which
they
shew
him
in
his
absence
,
than
if
he
were
present
,
and
he
will
take
care
to
reward
them
according
to
their
merit
.
Another
,
the
Cl.
2
R.
2.
m.
3.
dorso
,
That
the
King
would
in
no
wise
have
them
excused
,
unless
they
were
detained
with
such
an
Infirmity
as
they
could
not
labour
.
The
words
are
,
nisi
tanta
infirmitate
tunc
detenti
fueritis
,
quod
aliqualiter
illuc
laborare
non
poteritis
,
nullo
modo
excusatos
habere
volumus
.
The
ends
of
these
Summons
were
sometimes
general
,
and
sometimes
special
.
The
general
Causes
were
expressed
by
the
common
[
](A46988-e111950-b)(p)
(p)
Communi
Regni
u●ili●at●
.
Cl.
6
Jo.
m.
33.
dorso
.
The
Causes
of
Summoning
.
Profit
of
the
Kingdom
,
the
Ardua
negotia
nos
&
statum
Regni
tangentia
.
Other
times
,
as
25
E.
1.
M.
6.
dorso
,
Arduis
&
urgentibus
negotiis
nos
,
&
vos
,
&
totum
Regnum
nostrum
tangentibus
.
Other
times
,
[
](A46988-e112030-b)(q)
(q)
Cl.
27
E.
1.
m.
9.
dorso
.
ad
salvationem
Coronae
nostrae
Regiae
,
&
communem
utilitatem
populi
Regni
nostri
.
The
Preamble
to
the
Writ
of
Summons
4
E.
3.
is
very
[
](A46988-e112110-b)(r)
(r)
Cl.
4
E.
3.
m.
13.
dorso
.
General
Causes
of
Summons
.
remarkable
.
Rex
,
&c.
Qualiter
negotia
,
nos
&
statum
Regni
nostri
contingentia
,
postquam
suscepimus
gubernacula
Regni
nostri
hucusque
in
nostri
dampnum
,
&
dedecus
,
ac
depauperationem
populi
nostri
deducta
erant
,
vestram
credimus
prudentiam
non
latere
:
propter
quod
,
non
volentes
hoc
,
urgente
conscientia
,
ulterius
sustinere
,
ac
desiderantes
toto
corde
,
statum
&
Regimen
Regni
nostri
,
secundum
juris
ac
rationis
exigentiam
,
ad
honorem
Dei
&
tranquillitatem
,
&
pacem
Sanctae
Ecclesiae
,
ac
totius
populi
ejusdem
Regni
reformari
;
Ordinavimus
,
&c.
Parliamentum
,
&c.
The
22
of
E.
3.
hath
a
peculiar
[
](A46988-e112210-b)(s)
(s)
Cl.
22
E.
3.
part
2.
m.
9.
dorso
.
Clause
,
Quod
dictum
Parliamentum
non
ad
Auxilia
seu
Tallagia
a
populo
dicti
Regni
nostri
petenda
,
vel
alia
onera
eidem
populo
imponenda
,
sed
duntaxat
pro
justitia
ipsi
populo
nostro
,
super
dampnis
&
gravaminibus
sibi
illatis
facienda
.
Another
considerable
[
](A46988-e112290-b)(t)
(t)
Cl.
31
E.
3.
m.
21.
dorso
.
Clause
is
to
be
found
31
E.
3.
Et
quum
praedicta
negotia
perquam
ardua
sine
maxima
deliberatione
tam
Praelatorum
&
Cleri
,
quam
Magnatum
,
&
Communitatis
ejusdem
Regni
,
nullo
modo
expediri
poterunt
;
ad
quorum
expeditionem
Auxilium
&
Consilium
tam
a
vobis
,
&c.
habere
necessario
oportet
.
The
[
](A46988-e112380-b)(u)
(u)
Cl.
3
H.
6.
m.
9.
dorso
.
Preamble
3
H.
6.
is
to
enquire
how
Justice
hath
been
done
,
&c.
Quia
nos
jam
dum
in
Annis
degimus
teneris
,
an
pax
&
justitia
ubilibet
inter
Ligeos
nostros
Regni
nostri
Angliae
(
sine
quarum
observatione
Regnum
aliquod
prospicere
non
potest
)
debite
conserventur
,
&
exhibeantur
necne
,
&c.
Therefore
he
summons
a
Parliament
.
The
cause
[
](A46988-e112470-b)(w)
(w)
Cl.
22
&
23
E.
4.
m.
11.
dorso
.
of
the
Summons
22
E.
4.
is
thus
expressed
,
Quibusdam
arduis
&
urgentibus
negotiis
,
nos
,
securitatem
,
&
defens●onem
Ecclesiae
Anglicanae
ac
pacem
,
tranquillitatem
,
bonum
publicum
,
&
defensionem
Regni
nostri
,
&
Subditorum
nostrorum
ejusdem
concernentibus
.
Therefore
he
summons
them
.
The
special
causes
are
mostwhat
to
have
supply
against
the
Kings
Enemies
,
Special
Causes
of
Summons
.
the
French
or
Scotch
Kings
:
and
it
is
to
be
noted
,
that
in
the
Summons
of
King
E.
2.
mostly
the
[
](A46988-e112600-b)(x)
(x)
S●otis
Inimi●is
,
&
Rebellibus
nos●ris
,
Claus
.
2.
E.
2.
m.
20.
dorso
.
Scots
are
not
only
called
the
Kings
Enemies
but
his
Rebels
,
which
implies
them
Subjects
by
vertue
of
the
Homage
done
to
his
Father
,
and
so
8
E.
2.
M.
24.
dorso
,
it
is
called
,
Terra
nostra
Scotiae
,
though
he
was
the
most
unfortunate
of
all
our
Kings
in
his
Expeditions
against
that
Kingdom
.
The
first
[
](A46988-e112700-b)(y)
(y)
Cl.
14
E.
3.
part
2.
m.
28.
dorso
.
With
the
Advice
of
the
King's
Council
.
Writ
I
have
found
,
wherein
it
is
said
,
the
King
called
his
Parliament
with
the
Advice
of
his
Council
,
was
14
E.
3.
quia
de
avisamento
Concilii
nostri
ordinavimus
,
and
so
in
46
E.
3.
and
afterwards
sometimes
used
,
and
often
omitted
,
but
in
later
times
generally
used
.
The
last
considerable
thing
in
their
Writs
,
is
what
the
Prelates
,
&c.
summoned
,
were
to
do
at
these
Parliaments
,
which
most-what
is
comprehended
in
these
Words
,
That
it
is
[
](A46988-e112810-b)(z)
(z)
Vestrum
expedit
habere
consilium
.
Cl.
6
Jo.
m.
3.
dorso
.
What
the
Summoned
were
to
do
.
expedient
to
have
their
Counsel
,
or
nobiscum
super
dictis
negotiis
tractaturi
,
vestrumque
consilium
impensuri
,
23
E.
1.
m.
9.
dorso
;
or
,
ad
tractandum
,
ordinandum
,
&
faciendum
nobiscum
,
Cl.
24
E.
1.
m.
4.
dorso
;
Ad
ordinandum
de
quantitate
&
modo
subsidii
,
Ibid.
m.
7.
dorso
;
habere
colloquium
&
tractatum
,
Claus
.
2
E.
2.
m.
20.
dorso
,
&
ad
tractandum
&
consentiendum
,
Cl.
6
E.
2.
m.
2.
dorso
.
So
in
[
](A46988-e113000-b)(a)
(a)
Cl.
14
E.
3
par.
1.
m.
33.
dorso
.
another
,
Ordinabimus
quod
juxta
consilium
vestrum
,
&
aliorum
Praelatorum
,
Magnatum
,
caeterorumque
ibidem
convocatorum
viderimus
opportunum
.
In
the
[
](A46988-e113070-b)(b)
(b)
Cl.
20
E.
3.
par.
2.
m.
22.
dorso
.
20
of
E.
3.
it
is
thus
expressed
,
Ad
consentiendum
hiis
quae
tunc
praedictos
Praelatos
,
Comites
&
alios
Proceres
ordinari
contigerit
super
negotiis
antedictis
,
and
the
like
.
46
E.
3.
m.
11.
dorso
.
In
the
Writ
,
38
H.
6.
m.
29.
dorso
,
it
is
,
Ad
tractandum
,
consentiendum
&
praecludendum
super
praemissis
&
aliis
,
and
23
E.
4.
Et
concludendum
;
and
so
in
the
15th
.
of
K.
Ch.
the
First
,
Ad
tractandum
,
consentiendum
,
&
concludendum
.
SECT.
3.
Of
the
Summons
of
the
Temporal
Lords
.
I
Have
been
the
longer
upon
these
Writs
of
Summons
to
the
Clergy
,
Summons
to
the
Lords
Temporal
like
those
to
the
Prelates
,
excepting
in
some
few
Particulars
.
because
those
to
the
Nobles
differ'd
not
much
,
and
the
material
differences
will
be
all
I
need
note
in
their
Writs
,
and
in
these
we
may
find
the
gradual
alteration
;
from
giving
Counsel
and
Advice
only
,
it
came
to
Treaty
,
Ordaining
,
Consenting
,
Doing
,
and
Concluding
.
I
shall
refer
the
curious
Reader
for
the
remarks
that
may
be
made
from
all
these
Writs
,
to
Mr.
Prynn's
[
](A46988-e113320-b)(c)
(c)
Part
1.
Bri●f
Register
,
p.
1●2
,
&c.
Collection
of
them
,
and
only
note
some
few
,
most
to
my
purpose
,
of
the
Earls
,
Barons
,
and
the
greater
Tenents
in
Capite's
Writs
,
and
then
proceed
to
the
Writs
of
the
Knights
,
Citizens
and
Burgesses
.
The
first
Writ
of
Summons
to
a
Parliament
,
now
left
upon
Record
,
as
[
](A46988-e113380-b)(d)
(d)
Ibid.
p.
160.
Mr.
Prynn
notes
,
is
that
of
49.
H.
3.
those
of
the
[
](A46988-e113420-b)(e)
(e)
Cl.
45
H.
3.
m.
3.
dorso
.
45th
.
being
only
Summons
to
assist
the
King
,
cum
Equis
&
Armis
,
&
cum
Posse
vestro
(
as
that
to
W.
de
Bello
Campo
de
Aumel
,
and
others
shew
)
being
only
to
afford
him
aid
against
his
Enemies
and
Rebels
.
In
most
of
the
Writs
to
the
Princes
,
Dukes
,
Earls
,
Barons
,
and
Peers
,
In
Fide
&
Homagio
vel
Ligean●ia
,
proper
to
Temporal
Lords
.
we
find
the
Mandamus
is
,
Vobis
in
fide
&
homagio
quibus
nobis
tenemini
.
But
sometimes
,
as
to
Edmund
Earl
of
[
](A46988-e113550-b)(f)
(f)
Cl.
25
E.
1.
m.
25.
dorso
.
Cornwal
,
it
is
,
Mandamus
in
homagio
,
fide
&
dilectione
,
and
that
to
Thomas
de
[
](A46988-e113630-b)(g)
(g)
Cl.
36
E.
3.
m.
42.
dorso
.
Furnival
36
E.
3.
is
fide
&
ligeancia
quibus
nobis
tenemini
.
That
to
Edward
,
Prince
of
Wales
,
49
E.
3.
6
m.
dorso
is
directed
Carissimo
primogenito
suo
Ed.
Principi
Walliae
,
and
the
Mandamus
neither
hath
adjoined
to
it
,
fide
,
homagio
,
or
any
other
Word
,
See
Prynne's
Brief
Register
,
part
1.
p.
207.
but
only
commands
him
to
be
present
,
in
propria
persona
,
though
others
have
fide
&
homagio
or
ligeancea
.
It
is
to
be
noted
;
that
the
clause
in
Homagio
&
Ligeancia
quibus
nobis
tenemini
,
is
peculiar
to
the
Temporal
Lords
.
But
that
in
fide
&
dilectione
is
not
so
peculiar
to
the
Ecclesiastical
Lords
,
but
is
inserted
into
the
Lay
Lords
Writs
sometimes
.
The
reason
why
Archbishops
,
Bishops
,
Deans
,
Parsons
,
Prebends
,
and
other
Ecclesiastic
Bodies
Politic
,
when
they
do
Homage
(
saith
[
](A46988-e113880-b)(h)
(h)
Littleton
,
Cap.
de
Homagio
,
●ect
.
86.
Littleton
)
do
not
say
Jeo
deveign
vostre
Home
,
I
become
your
Man
(
from
whence
Homagium
or
Hominium
comes
)
is
[
](A46988-e113940-b)(i)
(i)
Par
estre
tant
solement
le
home
de
Dieu
.
because
he
is
solely
the
Homager
of
God
,
and
so
Glanvil
,
Lib.
9.
c.
1
,
2.
Bracton
,
fol.
78.
F.
Britton
,
c.
68.
lesta
,
L.
3.
c.
16.
resolve
that
no
Man
,
[
](A46988-e114010-b)(k)
(k)
Post
consecrationem
hom
●gium
non
faciunt
,
quiequid
fecerunt
ante
,
sed
tantum
●idelitat●m
.
elected
Bishop
,
after
Consecration
doth
Homage
,
whatever
he
hath
done
before
,
but
only
Fealty
,
and
no
Convent
,
or
Abbat
,
or
Pri●r
ought
to
do
Homage
,
because
they
hold
in
anothers
name
,
viz.
the
name
of
the
Churches
.
But
that
these
Ecclesiastics
swore
Fealty
,
appears
by
many
examples
produced
by
Mr.
Prynn
,
[
](A46988-e114040-b)(l)
(l)
Brief
Register
,
part
1.
fol.
196.
to
206.
p.
427
,
657
,
663.
and
what
Oaths
they
took
,
in
his
abridgment
of
the
Records
of
the
Tower
.
But
this
is
now
of
little
use
,
and
so
I
leave
it
and
shall
observe
some
Particulars
which
Mr.
Prynn
and
others
have
noted
from
the
several
Writs
of
Summons
to
Temporal
Lords
.
First
it
may
be
observed
,
1.
Observations
upon
the
Writs
to
Temporal
Lords
.
That
it
alone
did
not
ennoble
.
that
a
Summons
by
Writ
,
though
for
two
or
three
Generations
,
from
Father
to
Son
,
did
not
ennoble
the
Blood
to
make
them
Barons
.
So
Ralph
de
Camois
49
H.
3.
was
summoned
by
Writ
,
and
ranked
in
the
Roll
above
all
Barons
,
and
Ralph
his
Son
,
Anno
7
E.
2.
But
[
](A46988-e114160-b)(m)
(m)
Claus.
7
R.
2.
m.
32.
dorso
.
Thomas
the
Grandchild
,
being
chosen
one
of
the
Knights
for
Surry
,
was
discharged
by
the
King
's
Writ
,
because
he
and
many
of
his
Ancestors
were
Bannerets
,
and
King
Richard
the
Second
summoned
him
to
that
very
Parliament
,
and
he
was
summoned
ever
after
during
Life
;
yet
his
Posterity
,
as
others
,
were
omitted
,
which
if
they
had
been
Barons
properly
,
(
as
those
by
Creation
and
Tenure
of
Lands
)
had
not
been
omitted
,
but
might
have
challenged
Summons
ex
debito
Justiciae
.
But
I
cannot
enter
into
this
long
Controversy
,
First
and
second●
Brief
Register
.
the
curious
may
peruse
Mr.
Prynn
,
and
Elsyng's
ancient
method
of
holding
Parliaments
,
Page
33.
who
is
of
opinion
that
every
degree
of
Baron
passed
with
actual
Ceremony
,
and
those
Patents
some
had
(
whereof
the
first
upon
Record
he
saith
,
was
11
R.
2.
to
the
Lord
John
Beauchamp
of
Rolt
)
was
an
entailing
of
the
Honour
,
rather
than
the
Creation
,
because
the
words
are
,
ipsum
Johannem
in
unum
Parium
&
Baronum
Regni
praeficimus
;
whereas
if
he
had
been
then
created
,
the
words
should
have
been
,
per
praesentes
praefecimus
.
Besides
,
we
find
Henry
Bromflet
Knight
,
was
created
by
special
Writ
,
and
his
Heirs
Males
,
Barons
de
Vescy
,
27
H.
6.
[
](A46988-e114360-b)(n)
(n)
Claus.
27
H.
6.
m.
26.
dorso
.
●ntred
after
the
names
of
the
Temporal
Lords
,
in
the
very
Summons
in
common
Form
,
to
which
is
added
,
Volumus
enim
vos
&
haeredes
vestros
masculos
de
Corpore
vestro
legitime
exeuntes
Barones
de
Vescy
.
Now
this
special
Writ
and
Clause
of
Creation
had
been
meerly
void
and
nugatory
,
had
the
general
Writ
alone
ennobled
him
and
his
Posterity
.
Yet
in
all
the
[
](A46988-e114420-b)(o)
(o)
Prynne
,
part
1.
Brief
Register
,
p.
228.
subsequent
Summons
,
28
,
29
,
31
,
33
,
38
H.
6.
He
is
only
called
Dominus
,
not
Baro
de
Vescy
,
as
also
may
be
noted
of
Beauchamp
.
Secondly
,
2.
The
use
of
Bar●
in
Writs
,
how
rare
.
It
may
be
observed
,
that
the
word
Baro
and
Barones
are
frequently
met
withal
in
Histories
,
the
Clause-Rolls
of
King
John
,
and
H.
3.
and
in
the
Preface
of
Magna
Charta
,
and
several
Statutes
applied
to
all
the
[
](A46988-e114570-b)(p)
(p)
Ibid.
p.
218.
Temporal
Lords
of
Parliament
;
yet
in
all
the
Clause-Rolls
,
and
Writs
of
Summons
,
Mr.
Prynn
hat
not
observed
any
particular
Persons
amongst
them
,
summoned
by
the
Title
of
Barons
,
but
only
the
Barons
of
Graystock
,
and
Stafford
,
from
Ed.
1.
to
H.
6.
as
Johanni
,
Willielmo
,
Rad●●pho
Baroni
de
Graystock
,
and
so
in
Ed.
1.
and
3.
Edmundo
&
Radulpho
Baroni
de
Stafford
.
Thirdly
,
3.
Title
of
Dominus
in
Writs
of
Summons
.
as
to
the
Title
of
Dominus
,
Mr.
Prynn
saith
,
It
is
not
to
be
found
given
to
any
but
two
before
the
time
of
H.
6.
The
first
is
John
de
[
](A46988-e114740-b)(q)
(q)
Cl.
16
E.
3.
par.
2.
m.
13.
dorso
.
Moubray
,
stiled
Dominus
Insulae
de
Axholm
,
none
else
having
this
title
till
after
the
Reign
of
Richard
the
Second
.
The
next
so
stiled
,
is
11
H.
4.
[
](A46988-e114840-b)(r)
(r)
Cl.
11
H.
4.
m.
32.
dorso
.
where
a
Writ
issued
,
Johanni
Talbot
Domino
de
Furnival
,
which
though
omitted
in
some
Summons
after
,
was
again
used
in
the
Summons
to
him
,
[
](A46988-e114900-b)(s)
(s)
Cl.
4
H.
5.
m.
16.
dorso
.
4
H.
5.
and
H.
5.
after
which
,
none
is
found
stiled
Dominus
till
[
](A46988-e114980-b)(t)
(t)
Cl.
22
H.
6.
m.
21.
dorso
.
22
H.
6.
that
Robert
Hungerford
Chevalier
,
is
stiled
Dom.
de
Mollins
,
as
he
is
in
25
H.
6.
which
gave
the
Title
of
Dom.
de
Poynings
to
Henry
Percy
,
and
in
Cl.
27
H.
6.
m.
21.
dorso
,
this
Title
Dominus
is
given
to
Hungerford
Percy
,
and
four
more
,
after
which
it
grew
more
common
to
them
,
and
others
summoned
,
as
may
be
seen
in
Sir
William
Dugdale's
Summons
lately
Printed
,
who
[
](A46988-e115160-b)(u)
(u)
Cl.
49
H.
3.
m.
5.
49
H.
3.
reckons
Dom.
Hugo
,
Dom.
Humet
,
and
Dom.
Stanford
.
Fourthly
,
4.
Title
of
Chevalier
.
Another
Title
given
to
Barons
of
the
upper
House
is
that
of
Chevalier
,
which
was
not
given
to
any
Temporal
Lords
or
Barons
,
in
any
Writs
,
or
Lists
of
Summons
to
Parliament
,
before
49
Ed.
3.
[
](A46988-e115280-b)(w)
(w)
Cl.
49
E.
3.
n.
4.6
.
dorso
.
50
E.
3.
part
2.
m.
6.
dorso
.
wherein
Summons
issued
,
Willielmo
de
Morle
Chevalier
,
Willielmo
de
Aldburgh
Chevalier
,
Joh.
de
Welle
Chevalier
,
Hugoni
de
Dacre
Chevalier
.
After
which
it
grew
more
common
under
King
Richard
the
Second
,
Henry
the
Fourth
and
Fifth
.
After
the
beginning
of
H.
6.
and
during
the
Reign
of
H.
6.
and
Ed.
4.
there
was
scarce
any
Temporal
Lord
in
the
lists
of
Summons
,
but
was
stiled
Chevalier
or
Miles
,
and
so
it
continues
to
this
day
,
though
not
as
Mr.
Prynn
saith
,
because
they
were
all
generally
Knighted
for
their
greater
Honour
;
for
it
is
apparent
in
the
Lists
exhibited
by
Sir
William
Dugdale
,
that
most
of
the
Barons
by
descent
,
though
never
Knighted
,
had
the
Title
.
Fifthly
,
5.
Of
Councils
that
were
not
Parliaments
.
There
is
great
difference
betwixt
Writs
of
Summons
to
general
Parliaments
,
and
particular
Councils
upon
emergent
occasions
,
which
are
not
properly
Parliaments
.
All
Bishops
,
Abbats
,
Priors
,
Earls
,
Lords
,
Barons
,
together
with
Judges
,
and
King's
Council
,
Citizens
,
Burgesses
of
Parliament
,
and
Barons
of
the
Cinque-Ports
being
usually
summoned
to
the
one
;
but
to
the
other
,
some
few
Spiritual
and
Temporal
Lords
only
,
without
[
](A46988-e115500-b)(x)
(x)
Brief
Register
,
part
1.
pag.
187.
to
192.
any
Judges
,
Assistants
,
Knights
,
Citizens
,
Burgesses
,
or
Barons
of
the
Cinque-Ports
,
or
some
few
of
them
only
,
and
divers
who
were
no
usual
Lords
,
or
Barons
of
Parliament
,
as
Mr.
Prynn
hath
made
evident
,
and
the
Rolls
themselves
in
the
Margin
notes
them
by
de
Concilio
summonito
,
or
deveniendo
ad
Concilium
:
which
some
Antiquaries
having
not
noted
,
have
confounded
them
.
SECT.
4.
Of
the
Judicature
of
the
House
of
Lords
.
IT
is
evident
that
the
Lords
in
Parliament
have
ever
been
the
usual
Judges
,
not
only
in
all
criminal
and
civil
causes
,
6.
The
Lords
Judicature
.
proper
for
Parliaments
to
judg
or
punish
,
and
Writs
of
Errors
,
but
likewise
in
all
cases
of
Precedencies
,
and
Controversies
concerning
Peers
and
Peerage
,
which
Power
was
in
them
as
the
King
's
Supreme
Court
,
before
there
were
any
Knights
,
Citizens
,
or
Burgesses
summoned
to
our
Parliaments
.
So
Hoveden
[
](A46988-e115630-b)(y)
(y)
Annal.
pars
poster
.
p.
561.
ad
566.
is
express
in
the
case
of
Sanctius
,
King
of
Navar
,
and
Alphonsus
,
King
of
Castile
:
Comites
&
Barones
Regalis
Curiae
Angliae
adjudicaverunt
,
Anno
1177.
23
H.
2.
So
Fleta
in
Ed.
the
First
's
time
,
writes
[
](A46988-e115730-b)(z)
(z)
Habet
enim
Rex
Curiam
suam
in
Concilio
suo
in
Parliamentis
suis
,
praesentibus
Pralatis
,
Comitibus
,
Baronibus
,
Proceribus
,
&
aliis
viris
peritis
,
ubi
terminatae
sunt
dubitationes
judiciorum
.
Lib.
2.
c.
2.
p.
66.
thus
;
The
King
hath
his
Court
in
his
Council
,
in
his
Parliaments
,
there
being
present
the
Prelates
,
Earls
,
Barons
,
Nobles
,
and
other
skillful
Men
(
viz.
the
Judges
Assistants
)
where
are
ended
the
doubts
of
Judgments
.
This
Particular
of
the
Jurisdiction
of
the
House
of
Lords
,
is
so
fully
in
every
Branch
of
it
proved
by
Mr.
Prynn
in
his
Plea
for
the
Lords
House
,
that
it
were
an
Injury
to
the
inquisitive
Reader
,
not
to
referr
him
to
that
Treatise
for
full
Satisfaction
;
therefore
I
shall
only
pick
out
a
very
few
out
of
a
Manuscript
I
have
of
the
Priviledges
belonging
to
the
Baronage
of
England
,
and
Mr.
Prynn
.
In
the
fourth
of
King
[
](A46988-e115810-b)(a)
(a)
Ro●
.
Parl.
4
E.
3.
m.
7.
num
3.
Judgment
of
Lords
on
John
Mautravers
.
Edward
the
Third
,
the
Peers
,
Earls
and
Barons
assembled
at
Westminster
,
saith
the
Record
,
have
strictly
examined
,
and
thereupon
assented
and
agreed
,
that
John
Mautravers
is
guilty
of
the
death
of
Esmon
Earl
of
Kent
,
Uncle
of
our
Lord
the
King
that
now
is
:
wherefore
the
said
Peers
of
the
Land
,
and
Judges
of
Parliament
,
judged
and
awarded
,
that
he
the
said
John
should
be
drawn
,
hanged
,
and
beheaded
.
In
the
first
of
R.
2.
John
Lord
of
[
](A46988-e115960-b)(b)
(b)
Rot.
Par.
1
R.
2.
m.
6.
num.
38
,
39.
Gomenys
,
and
William
de
Weston
,
were
brought
before
the
Lords
,
sitting
in
the
white
Chamber
,
On
John
Lord
of
G●menys
,
and
William
Weston
,
for
delivering
up
Forts
to
the
Enemy
.
and
were
severally
charged
at
the
Commandment
of
the
Lords
,
by
Sir
Richard
Scroop
Knight
,
Steward
of
the
Kings
House
:
William
Weston
being
accused
for
rendring
the
Castle
of
Outhrewike
,
and
John
Lord
of
Gomenys
for
rendring
the
Castle
of
Ards.
They
both
made
plausible
defences
,
and
Sir
Rich.
Scroop
Steward
,
tells
William
,
that
the
Lords
sitting
in
full
Parliament
do
adjudge
him
to
death
.
But
because
our
Lord
the
King
is
not
yet
informed
of
the
manner
of
this
Judgment
,
the
execution
thereof
shall
be
respited
till
the
King
be
informed
thereof
;
and
the
like
Sentence
he
passed
upon
John
Lord
of
Gomenies
,
only
adding
,
that
he
being
a
Gentleman
,
and
Banneret
should
be
beheaded
.
There
are
many
more
Examples
of
Judgments
given
in
Capital
matters
upon
Bergo
de
Bayons
,
4
E.
3.
m.
7.
num.
4.
Thomas
de
Gurny
eadem
membrana
num.
5.
and
others
;
and
for
Offences
not
Capital
,
of
Richard
Lions
,
59
E.
3.
m.
7.
William
le
Latymer
,
42
E.
3.
m.
2.
William
Ellis
,
ibid
num.
31
;
John
Chichester
and
Botesha
,
1
R.
2.
num.
32.
Alice
Piers
,
Ibid.
num.
41.
Mr.
Antiquity
of
Judgment
by
Pee●s
.
Prynn
[
](A46988-e116380-b)(c)
(c)
Plea
for
Lords
,
p.
203.
Hist
,
lib.
4.
shews
this
Jurisdiction
out
of
Historians
,
even
from
Cassibellan
,
out
of
Geoffrey
of
Monmouth
.
Also
,
Anno
924.
of
Elfred
a
Nobleman
,
who
opposed
King
Aethelstan's
Title
,
and
had
his
Lands
adjudged
by
the
Peers
forfeit
to
him
;
the
Words
of
the
King
are
,
Et
eas
accepi
[
](A46988-e116480-b)(d)
(d)
Malmsb.
de
Gest
is
Reg.
lib.
2.
c.
6.
p.
62.
Spelman
.
Conc.
Tom.
1.
p.
407
,
408.
Anno
1043.
quemadmodum
judicaverunt
omnes
●ptimates
Regni
Anglorum
.
So
Earl
Godwin
having
murdred
Prince
Alfred
,
Brother
to
King
Edward
the
Confessor
,
being
fled
into
Denmark
,
and
hearing
of
King
Edward's
Piety
and
Mercy
,
returned
,
and
came
to
London
to
the
King
,
who
then
held
a
Great
Council
,
and
denied
the
Fact
,
and
put
himself
upon
the
[
](A46988-e116630-b)(e)
(e)
vnde
super
hoc
,
pono
me
in
consideratione
Curiae
vestrae
.
Chron.
Brompton
.
col.
937
,
938.
consideration
of
the
Kings
Court
,
and
the
King
speaks
to
the
Earls
and
Barons
thus
,
Volo
quod
inter
nos
in
illa
appellatione
rectum
judicium
decernatis
,
&
debitam
justiciam
faciatis
,
and
after
it
is
said
,
Quicquid
judicaverint
per
omnia
ratificavit
.
So
in
the
Constitutions
of
[
](A46988-e116680-b)(f)
(f)
An.
1164.
M.
Paris
94.
Sicut
Barones
caeteri
debent
interesse
judiciis
Curiae
Regis
cum
Baronibus
quousque
perveniatur
in
judicio
ad
diminutionem
membrorum
,
vel
ad
mortem
.
The
House
of
Lords
the
King's
Court
of
Barons
.
Clarendon
,
it
is
appointed
,
That
the
Archbishop
,
Bishops
,
and
those
Clergy
that
held
in
Capite
,
as
by
Barony
,
should
be
Parties
in
the
Judgments
of
the
Kings
Court
as
other
Barons
ought
,
with
the
other
Barons
,
till
it
come
in
Judgment
to
the
loss
of
Member
,
or
to
Death
.
So
in
the
Case
of
Tho.
Becket
Archbishop
of
Canterbury
,
Anno
1165.
11
H.
2.
we
find
in
Hoveden
,
parte
post
,
p.
494
,
495.
that
,
Barones
Curiae
Regis
judicaverunt
eum
esse
in
misericordia
Regis
:
and
afterwards
,
when
he
would
not
yield
to
the
Kings
Will
,
he
[
](A46988-e116800-b)(g)
(g)
Dixit
Baronibus
su●s
,
Cito
facite
mihi
judicium
de
illo
,
qui
homo
meus
Ligeus
est
,
&
stare
Juri
in
Curia
mea
recusat
.
saith
to
his
Barons
,
Quickly
make
to
me
Judgment
of
him
who
is
my
Liege
Man
,
and
refuseth
to
stand
to
the
Law
in
my
Court
:
The
Barons
going
out
judg'd
him
fit
to
be
seiz'd
on
,
and
sent
to
Prison
,
and
the
Historian
saith
,
tunc
misit
Rex
Reginaldum
Comitem
Cornubiae
&
Robertum
Comitem
Leicestriae
ad
indicandum
ei
judicium
de
illo
factum
.
Anno
1208.
King
[
](A46988-e116840-b)(h)
(h)
Anno
10
Johan
.
Mat.
Paris
,
p.
218.
John
exacted
Pledges
of
his
Subjects
;
and
amongst
others
of
William
de
Breause
,
who
said
,
If
he
had
offended
the
King
,
he
would
be
ready
to
answer
his
Lord
,
and
that
without
Hostages
,
secundum
judicium
Curiae
suae
&
Baronum
Parium
suorum
.
So
Anno
1240.
24
H.
3.
[
](A46988-e116930-b)(i)
(i)
Graviter
accusatus
coram
Rege
,
&
Curia
tota
.
Lond.
Mat.
Westm.
153.
Matthew
Paris
saith
,
That
Hubert
de
Burgo
,
Earl
of
Kent
,
was
grievously
accused
before
the
King
and
his
whole
Court
,
and
it
was
adjudged
he
should
resign
to
the
King
four
of
his
Castles
.
I
cannot
omit
one
memorable
passage
,
that
,
[
](A46988-e116990-b)(k)
(k)
Mat.
Westm.
Anno
1260.
p.
295
,
296.
Anno
1260.
44
H.
3.
there
falling
out
a
difference
betwixt
King
Hen.
3.
Prince
Edward
his
Son
,
Simon
Montfort
,
and
other
Nobles
,
the
King
called
his
Baronage
to
St.
Pauls
,
and
there
it
being
urged
,
that
Prince
Edward
had
done
some
injuries
to
the
King
,
he
offered
to
prove
himself
innocent
before
the
King
and
his
Uncle
,
who
was
King
of
the
Romans
;
saying
,
Who
are
Peers
of
Prince
Edward
.
That
none
of
[
](A46988-e117120-b)(l)
(l)
Omnes
alios
Barones
&
Comites
,
sibi
de
●ure
non
esse
Pares
,
nec
s●●s
in
eum
excercer●
dis●ussiones
.
the
rest
of
the
Barons
and
Earls
were
by
right
his
Peers
,
nor
ought
to
exercise
upon
him
their
Discussions
of
the
matter
.
By
which
it
appears
,
that
he
judged
himself
to
be
something
more
than
a
Peer
of
the
Realm
,
being
the
Heir
apparent
of
the
Crown
.
I
might
fill
a
large
Volum
with
the
Histories
and
Records
,
to
prove
this
;
but
since
Levellers
,
and
the
House
of
Commons
that
voted
the
House
of
Lords
dangerous
and
useless
,
have
received
such
deadly
wounds
by
Mr.
Prynne
in
his
Plea
for
the
Lords
,
who
was
once
one
of
their
own
Champions
,
I
think
it
needless
to
whet
those
Weapons
again
,
since
they
always
will
be
in
readiness
for
any
one
to
make
use
of
if
need
require
;
and
shall
only
obviate
one
objection
that
may
be
urged
,
That
whatever
the
usage
was
before
the
Representatives
of
the
Commons
,
An
Objection
,
That
after
the
House
of
Commons
were
admitted
,
the
Jurisdiction
of
the
Lords
House
was
lessened
;
Answered
.
yet
the
Commons
after
were
often
admitted
to
a
share
of
Judicature
in
some
cases
:
But
I
shall
give
a
few
Instances
,
how
,
after
this
change
of
the
Constitution
of
Parliament
,
still
this
power
of
Judicature
remained
in
the
King
and
House
of
Lords
.
Roger
de
[
](A46988-e117180-b)(m)
(m)
4
E.
3.
num.
11.28
E.
3.
num.
9
,
10.
Mortimer
being
accused
of
High
Treason
,
4
E.
3.
for
the
Murther
of
King
Edward
2.
after
his
resignation
and
unlawful
deposition
;
Knighton
[
](A46988-e117270-b)(n)
(n)
De
Event
.
Angliae
,
lib.
3.
c.
16.
col.
1556
,
1557.
giving
an
account
of
the
proceedings
agreeable
to
the
Parliament
Roll
,
saith
,
Rex
praecepit
Comitibus
,
Baronibus
,
&
caeteris
Magnatibus
Regni
justum
judicium
ferre
super
praedicto
Rogero
de
Mortimer
:
So
at
the
Parliament
held
at
Salisbury
,
7
R.
2.
W.
de
Zouch
is
said
to
be
called
to
the
Parliament
,
to
stand
to
the
Judgment
[
](A46988-e117350-b)(o)
(o)
Ad
standum
judicio
Regis
,
&
Domincrum
.
Wal●ingham
,
p.
334.
Hist.
Ang.
&
Hypodig
.
Neust
.
p.
141.
of
the
King
,
and
the
Lords
:
So
Michael
de
la
Pole
,
Earl
of
Suffolk
,
and
Chancellor
of
England
,
10
R.
2.
[
](A46988-e117410-b)(p)
(p)
Rot.
Parl.
10
R.
2.
num.
6.
ad
18.
was
accused
by
the
Commons
in
full
Parliament
,
before
the
King
,
Bishops
and
Lords
;
and
at
last
it
is
said
,
The
Lords
in
full
Parliament
gave
judgment
against
him
.
In
the
Parliament
11
R.
2.
Thomas
Duke
of
Gloucester
offered
to
put
himself
upon
his
Tryal
as
the
Lords
of
the
Parliament
would
award
,
&c.
After
which
the
Lords
,
as
well
Spiritual
as
Temporal
,
claimed
their
Liberties
and
Franchises
,
namely
,
That
all
weighty
matters
in
the
same
Parliament
which
should
be
after
moved
touching
the
Peers
of
the
Land
,
should
be
judged
and
determined
by
them
by
the
course
of
Parliament
,
and
not
by
the
Civil
Law
,
nor
yet
by
the
Common
Law
of
the
Land
,
used
in
other
Courts
of
the
Realm
.
Yet
this
seems
a
very
high
Demand
;
for
they
have
not
Juris
dandi
but
dati
Jurisdictionem
,
as
they
are
a
Court
of
Ministerial
Jurisdiction
,
being
the
Court
of
the
King's
Barons
in
Parliament
.
And
though
,
when
upon
Writ
of
Error
[
](A46988-e117540-b)(q)
(q)
Egerton
,
sect.
4.22
,
23.
any
Judgment
in
the
King's
Bench
is
examined
in
the
House
of
Lords
,
and
there
affirmed
or
reversed
,
the
Judgment
is
said
to
be
affirmed
or
reversed
in
Parliament
;
yet
we
cannot
conclude
,
they
have
the
Power
of
the
High
Court
of
Parliament
,
that
their
Decrees
(
if
against
the
Law
)
should
be
as
binding
as
Acts
of
Parliament
.
How
the
Lords
judge
ministerially
.
And
though
the
same
House
,
in
the
same
Session
,
may
not
have
Power
to
review
again
their
own
Judgment
,
nor
to
restore
again
any
Judgment
they
have
reversed
,
because
they
judge
ministerially
,
and
not
sovereignly
,
and
so
bind
their
own
Hands
,
as
well
as
their
Inferiors
;
whereas
an
Absolute
Supreme
Court
is
never
at
the
last
Period
of
Jurisdiction
:
yet
we
see
Attainders
in
one
Parliament
reversed
in
another
;
and
so
may
their
Judgments
be
.
But
this
obiter
.
I
shall
but
add
one
proof
more
,
being
full
and
express
to
the
purpose
,
to
prove
the
House
of
Lords
sole
Jurisdiction
with
the
King
,
(
who
must
always
be
understood
to
give
Judgment
by
them
:
)
The
Record
is
1
H.
4.
[
](A46988-e117600-b)(r)
(r)
Rot.
Par.
1
H.
4.
num.
79.
Exact
Abridgment
,
p.
392.
where
it
is
said
,
That
3
Nov.
the
Commons
in
this
Parliament
shewed
to
the
King
,
Come
les
joggements
du
Parlement
apperteignent
soulement
au
Roy
&
Seignieurs
,
&
nient
aus
Communes
,
&c.
That
the
Judgments
of
Parliament
appertained
only
to
the
King
,
and
to
the
Lords
,
and
not
unto
the
Commons
:
Thereupon
they
prayed
the
King
,
out
of
his
special
Grace
,
to
shew
unto
them
the
said
Judgments
,
and
the
cause
of
them
;
that
so
no
Record
might
be
made
in
Parliament
against
the
said
Commons
,
which
are
or
shall
be
parties
to
any
Judgment
given
,
or
hereafter
to
be
given
in
Parliament
,
without
their
Privity
.
Whereunto
the
Archbishop
of
Canterbury
gave
them
this
Answer
by
the
Kings
Commandment
,
That
the
Commons
themselves
are
Petitioners
and
Demanders
,
and
that
the
King
[
](A46988-e117680-b)(s)
(s)
Et
que
le
Roy
,
&
les
Seigniours
de
tout
temps
,
ont
eues
,
&
averont
de
droit
,
les
Juggement
in
Parliament
,
en
manere
come
mesmes
les
Communes
so●t
monstres
.
and
Lords
from
all
times
have
had
,
and
shall
have
of
right
the
Judgments
in
Parliaments
in
manner
as
the
Commons
have
shewed
.
How
far
the
King
and
House
of
Lords
have
been
Judges
of
the
Priviledges
of
the
House
of
Commons
,
I
shall
declare
in
that
part
of
this
Chapter
wherein
I
treat
of
that
House
.
SECT.
5.
Of
the
Assistants
to
the
House
of
Lords
.
HAving
thus
far
treated
of
the
Constituent
Parts
of
the
House
of
Lords
,
I
come
now
to
the
Assistants
to
this
most
Honourable
House
;
which
were
mostly
the
[
](A46988-e117740-b)(t)
(t)
Prynne's
Brief
Register
,
part
1.
sect.
3.
p.
240.
The
Judges
and
other
Assistants
of
the
House
of
Lords
.
King
's
Great
Officers
,
as
well
Clergy-men
as
Secular
Persons
,
who
were
no
Lords
or
Barons
of
the
Realm
,
as
,
namely
,
his
Treasurer
,
Chancellor
of
the
Exchequer
,
Judges
of
his
Courts
at
Westminster
,
Justices
in
Eyre
,
Justices
Assignes
,
Barons
of
his
Exchequer
,
Clerks
,
Secretaries
of
his
Council
,
and
sometimes
his
Serjeants
at
Law
,
with
such
other
Officers
and
Persons
whom
our
Kings
thought
meet
to
summon
.
The
first
Writ
that
Mr.
Prynne
finds
extant
in
our
Records
,
and
which
Sir
William
Dugdale
mentions
,
is
entred
in
the
Clause-Roll
23
E.
1.
dorso
9.
directed
to
Gilbert
de
Thornton
,
and
thirty
eight
more
,
whose
Names
are
in
Sir
William
Dugdale
;
whereof
there
are
eleven
by
the
name
of
Magistri
,
three
Deans
,
and
two
Archdeacons
:
only
I
find
them
differently
ranked
in
Mr.
Prynne
,
to
what
they
are
in
Sir
William
Dugdale
.
The
Writ
runs
thus
:
Rex
dilecto
&
fide●i
suo
Gilberto
de
Thornton
,
salutem
.
Quia
super
quibusdam
arduis
negotiis
,
nos
&
Regnum
nostrum
,
ac
vos
caeterosque
de
Concilio
nostro
tangentibus
,
quae
sine
vestra
,
&
eorum
praesentia
nolumus
expediri
,
&c.
Vobis
mandamus
in
fide
&
dilectione
,
&c.
as
in
the
usual
Summons
to
the
Bishops
.
Sometimes
,
as
25
E.
1.
there
[
](A46988-e117950-b)(u)
(u)
Cl.
25
E.
1.
m.
25.
dorso
.
was
no
Writ
directed
to
them
;
but
we
find
under
the
Name
of
Milites
,
with
a
Lines
space
betwixt
them
and
the
Barons
,
thirteen
named
,
which
by
other
Records
are
known
to
be
the
King's
Justices
.
The
differences
in
their
Writs
are
mostly
these
:
Sometimes
,
The
difference
in
their
Writs
.
as
in
27
E.
1.
it
is
,
Cum
caeteris
de
Concilio
nostro
habere
volumus
colloquium
&
tractatum
;
or
,
as
in
28
E.
1.
[
](A46988-e118060-b)(w)
(w)
Cl.
28
E.
1.
m.
3.
dorso
.
showing
the
special
Cause
,
Quia
super
Jure
&
Dominio
quae
nobis
in
Regno
Scotiae
competit
,
&c.
cum
Juris
peritis
,
&
cum
caeteris
de
Concilio
nostro
speciale
colloquium
habere
volumus
&
tractatum
,
vobis
mandamus
,
&c.
cum
caeteris
de
Concilio
nostro
super
praemissis
tractaturis
vestrumque
consilium
impensuris
.
At
the
same
time
there
are
Writs
to
the
Chancellor
of
the
University
of
Oxford
,
to
send
four
or
five
,
Persons
skilful
in
the
Law
summoned
from
the
Universities
.
de
discretioribus
,
&
in
Jure
scripto
magis
expertis
;
and
to
the
Chancellor
of
the
University
of
Cambridge
,
to
send
two
or
three
in
the
like
manner
qualified
:
and
then
follow
Writs
to
several
Abbats
,
Priors
,
Deans
and
Chapters
;
and
all
these
Writs
mentioned
the
Business
of
the
King's
Claim
to
the
Jurisdiction
of
Scotland
:
and
in
the
Writs
of
Summons
to
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Temporal
Lords
,
Justices
,
and
Sheriffs
of
Counties
,
that
Particular
is
not
mentioned
:
which
shows
,
that
the
King
summoned
these
particular
Persons
,
as
most
fit
to
search
and
●
send
their
Chronicles
to
the
Parliament
:
The
Occasion
and
Result
whereof
,
and
of
sending
these
Lawyers
from
the
Universities
,
you
may
read
at
large
in
[
](A46988-e118180-b)(x)
(x)
An.
13●2
.
p.
419.
to
p.
438.
Matth.
Westminster
,
and
[
](A46988-e118230-b)(y)
(y)
Hist.
Ang.
p.
32.
to
58.
Walsingham
.
In
some
Writs
,
as
that
of
9
E.
2.
[
](A46988-e118290-b)(z)
(z)
Cl.
9
E.
2.
m.
20.
dorso
.
the
Justices
are
appointed
to
expedite
their
Assizes
,
that
they
may
not
fail
to
be
present
at
the
Parliament
,
or
to
leave
two
to
attend
the
Business
of
the
King's
Bench
:
And
the
7
of
E.
2.
[
](A46988-e118350-b)(a)
(a)
Cl.
7
E.
2.
m.
25●
dorso
.
Justices
to
leave
the
Ass●zes
to
attend
the
Parliament
.
That
whereas
they
had
appointed
the
Assizes
at
Duresm
,
and
other
Parts
in
the
Northern
Circuit
,
at
certain
days
after
the
time
the
Parliament
was
to
convene
,
at
which
he
wondred
;
he
orders
them
to
put
off
the
Assizes
,
and
attend
.
By
which
two
Writs
it
appears
,
their
Summons
by
Writ
to
attend
and
counsel
the
King
in
Parliament
,
was
a
Supersedeas
to
them
to
take
Assizes
during
the
Parliament
;
and
that
the
Assizes
and
Suits
of
private
Persons
ought
to
give
place
to
the
publick
Affairs
of
the
King
and
Kingdom
in
Parliament
.
Whoever
desires
to
know
who
were
summoned
in
this
manner
,
and
the
further
variety
of
Summons
,
may
consult
Mr.
Prynne
,
and
Sir
William
Dugdale's
Summons
.
From
these
Writs
we
may
observe
,
Observations
from
these
Writs
.
first
,
That
sometimes
the
Persons
summoned
were
many
in
number
,
sometimes
very
few
,
and
always
[
](A46988-e118460-b)(b)
(b)
Brief
Register
,
part
1.
a
p.
366.
ad
p.
394.
more
or
less
at
the
King's
Pleasure
.
Secondly
,
in
latter
times
the
Clergy-men
were
wholly
omitted
.
Thirdly
,
That
they
were
never
licensed
to
appear
by
Proxies
.
Mr.
Prynne
hath
collected
a
great
many
Precedents
to
prove
,
that
these
Persons
thus
summoned
,
together
with
the
King
's
ordinary
Council
,
had
a
very
great
Hand
,
Power
,
and
Authority
,
not
only
in
making
Ordinances
,
Proclamations
,
deciding
all
weighty
Controversies
,
regulating
most
publick
Abuses
,
and
punishing
all
exorbitant
Offences
out
of
Parliament
,
in
the
Star-Chamber
,
and
elsewhere
;
The
Employment
of
these
Assistants
.
but
likewise
in
receiving
and
answering
all
sorts
of
Petitions
,
determining
and
adjudging
all
weighty
doubtful
Cases
and
Pleas
,
yea
,
in
making
or
compiling
Acts
,
Ordinances
,
Statutes
,
and
transacting
all
weighty
Affairs
concerning
the
King
or
Kingdom
,
even
in
Parliaments
themselves
,
when
summoned
to
them
.
Yet
these
have
no
Vote
,
but
only
are
to
speak
to
such
Matters
as
their
Opinions
are
required
in
,
and
sit
uncovered
,
unless
the
Chancellor
or
Lord
Keeper
give
leave
to
the
Judges
to
be
covered
.
SECT.
6.
Concerning
the
House
of
Commons
.
I
Now
come
to
consider
the
Honourable
House
of
Commons
,
and
the
Use
,
The
Summons
of
the
Knights
,
Citizens
,
and
Burgesses
.
Constitution
,
and
Priviledges
of
it
,
and
shall
first
consider
the
Summons
by
which
they
have
their
Power
to
act
as
an
House
,
and
third
Estate
in
Parliament
.
Mr.
[
](A46988-e118590-b)(c)
(c)
Second
Part
of
Brief
Register
,
a
p.
1.
ad
29.
Prynn
hath
cleared
,
that
all
the
Writs
of
Summons
directed
to
Sheriffs
(
in
King
John
,
and
Henry
the
Third's
time
before
49
H.
3.
)
to
send
Knights
to
the
King
at
set
times
,
were
either
for
Information
of
the
Council
what
voluntary
aid
each
particular
County
would
grant
the
King
in
his
great
necessity
,
or
to
assist
with
Men
and
Arms
,
and
were
not
elected
as
Representatives
of
the
Commons
,
till
49
H.
3.
To
whom
I
shall
refer
the
curious
for
Satisfaction
,
as
also
to
Dr.
Brady
,
who
hath
by
his
own
Inspection
,
as
well
as
the
considerate
application
of
what
Mr.
Prynn
hath
amassed
(
in
his
Books
since
his
late
Majesties
Restauration
,
and
after
1648
)
composed
many
most
useful
Observations
for
the
understanding
of
the
ancient
customs
,
usages
,
and
practices
relating
to
Parliaments
.
Therefore
I
shall
endeavour
to
be
as
short
as
possibly
I
can
,
and
without
obscurity
contract
what
they
and
most
others
that
treat
of
the
House
of
Commons
,
have
at
large
filled
Volumes
with
.
The
form
of
the
Writ
,
49
H.
3.
to
the
Sheriffs
is
not
[
](A46988-e118710-b)(d)
(d)
Cl.
49
H.
3.
m.
11●
dorso
.
expressed
,
but
after
the
recital
of
the
Writ
to
the
Bishop
of
Duresm
and
Norwich
,
and
the
eodem
modo
to
the
Bishops
,
Abbats
,
Priors
,
Deans
,
Earls
,
Lords
,
and
Barons
,
there
follows
this
entry
in
the
Record
,
Item
mandatum
est
sing●lis
Vicecomitibus
per
Angliam
quod
venire
faciant
duos
Milites
delegalioribus
,
probioribus
,
&
discretioribus
Militibus
singulorum
Comitatuum
,
ad
Regem
London
,
in
forma
praedicta
.
Item
in
forma
praedicta
scribitur
Civibus
Ebor.
Lincoln
.
&
caeteris
Burgis
Angliae
,
quod
mittant
in
forma
praedicta
duos
de
discretioribus
,
legalioribus
,
&
probioribus
tam
Civibus
quam
Burgensibus
suis
:
and
so
to
the
Barons
of
the
Cinque-Ports
,
which
runs
thus
;
Rex
Baronibus
&
Ballivis
Portus
sui
de
Sandwico
.
Cum
Praelati
&
Nobiles
Regni
nostri
tam
pro
negotio
Liberationis
Edwardi
Primogeniti
nostri
,
quam
pro
aliis
Communitatem
Regni
nostri
tangentibus
,
ad
instans
Parliamentum
,
&c.
Vobis
mandamus
in
fide
&
dilectione
quibus
nobis
tenemini
,
firmiter
injungentes
,
omnibus
aliis
praetermissis
mittatis
ad
nos
ibidem
,
4
de
legalioribus
&
discertioribus
Portus
vestri
,
&c.
Nobiscum
&
cum
praefatis
Magnatibus
Regni
nostri
tractatum
&
super
praemissis
consilium
impensuri
.
From
all
which
,
it
is
observable
,
first
,
Observations
on
the
first
Writ
to
the
Barons
of
the
Cinque-Ports
.
that
in
all
probability
the
Writs
then
issued
to
the
Knights
,
Citizens
,
and
Burgesses
,
were
the
same
in
form
and
substance
,
with
those
to
the
Spiritual
and
Temporal
Lords
,
and
in
those
to
the
Sheriffs
,
&c.
Secondly
,
the
Qualifications
of
those
to
be
elected
are
limited
:
Thirdly
,
It
doth
not
appear
whether
the
Counties
themselves
,
or
the
Sheriffs
alone
were
to
elect
.
Fourthly
,
The
Writs
for
electing
Citizens
and
Burgesses
were
directed
immediately
to
the
Citizens
and
Burgesses
themselves
,
not
to
the
Sheriffs
of
the
Counties
.
Lastly
,
that
no
Writ
issued
to
the
Citizens
of
London
,
their
Liberties
then
being
seized
into
the
King's
Hand
,
and
that
York
and
Lincoln
are
the
only
Cities
mentioned
particularly
in
the
Roll.
The
first
Writs
,
entred
at
large
in
the
Rolls
,
are
those
[
](A46988-e118930-b)(e)
(e)
Cl.
22
E.
1.
m.
6.
dorso
.
22
E.
1.
wherein
is
expressed
,
that
the
King
intending
a
Colloquium
&
Tractatum
with
his
Barons
,
and
great
Men
,
he
commands
that
the
Sheriffs
cause
to
be
elected
two
Knights
,
De
di●●retioribus
&
ad
laborandum
potentioribus
—
cum
plena
potestate
pro
se
&
tota
communitate
Com.
praedicti
,
ad
consulendum
,
&
cons●ntiendum
pro
se
&
communitate
illa
,
Hiis
quae
Comites
,
Barones
,
&
Proceres
prae●icti
concorditer
ordinaverint
in
praemissis
,
&c.
of
the
more
discreet
and
more
able
to
take
Pains
,
&c.
to
come
to
Westminster
,
&c.
with
full
Power
for
themselves
,
and
the
whole
Community
of
the
said
County
,
to
consult
and
consent
each
for
himself
and
the
said
Community
,
to
those
things
,
which
the
Earls
,
Barons
,
and
Nobles
aforesaid
unanimously
ordain
in
the
Premisses
;
so
that
for
want
of
such
like
Power
,
the
Business
remain
not
undone
.
I
shall
now
insert
what
Variations
I
find
in
the
Writs
of
Summons
,
promiscuosly
,
whether
to
Knights
,
Citizens
,
or
Burgesses
,
unless
there
be
some
remarkable
difference
to
be
observed
.
First
,
The
Qualifications
in
the
Writs
.
As
to
their
Qualifications
,
generally
,
both
Knights
,
Citizens
,
and
Burgesses
are
to
be
de
legalioribus
&
discretioribus
,
&
ad
laborandum
potentioribus
.
In
the
Writ
25
E.
1.
[
](A46988-e119080-b)(f)
(f)
Cl.
25
E.
1.
m.
6.
dorso
.
it
is
probioribus
&
legalioribus
;
and
some
two
,
or
all
of
these
Epithetes
are
generally
used
,
till
[
](A46988-e119140-b)(g)
(g)
Cl.
22
E.
3.
m.
7.
dorso
.
22
E.
3.
m.
7.
dorso
,
where
it
is
expressed
,
that
the
Knights
be
gladio
cinctos
&
ordinem
militarem
habentes
&
non
alios
,
&
de
qualibet
Civitate
,
&
de
quolibet
Burgo
duos
Burgos
de
aptioribus
,
discretioribus
,
probioribus
,
&
fide
dignis
Militibus
,
Civibus
&
Burgensibus
,
Cl.
24
E.
3.
par.
2.
m.
3.
dorso
.
and
in
the
Twenty
fourth
of
E.
3.
there
is
an
addition
and
limitation
,
No
Maintainers
of
S●its
,
&c.
to
be
cho●●n
.
Qui
non
sunt
Placitorum
,
aut
querelarum
manutentores
,
aut
ex
hujusmodi
quaestu
viventes
,
sed
homines
valentes
,
&
bonae
fidei
,
&
publicum
commodum
diligentes
eligi
:
and
the
self-same
Limitations
are
in
the
25
,
28
,
and
29
E.
3.
So
that
it
was
used
so
long
as
the
King
thought
fit
.
In
[
](A46988-e119340-b)(h)
(h)
Cl.
26
E.
3.
m.
14.
dorso
.
26
Ed.
3.
it
is
unum
Militem
de
provectioribus
,
discretioribus
,
&
magis
expertis
Militibus
,
and
so
for
Citizens
and
Burgesses
:
by
which
it
appears
the
King
desired
not
any
under
Age
(
as
now
is
allowed
)
to
be
chosen
.
In
31
Ed.
3.
besides
[
](A46988-e119420-b)(i)
(i)
Cl.
31
E.
3.
m.
2.
dorso
.
the
usual
words
de
discretioribus
&
probioribus
,
there
is
added
de
elegantioribus
personis
eligi
.
Which
in
no
Writ
else
before
or
after
is
to
be
found
.
In
the
36
E.
3.
[
](A46988-e119500-b)(k)
(k)
Cl.
36
E.
3.
m.
16.
dorso
.
it
is
de
melioribus
&
validioribus
Militibus
,
&c.
That
of
the
Forty
fourth
of
[
](A46988-e119560-b)(l)
(l)
Cl.
44
E.
3.
m.
12.
dorso
.
E.
3.
runs
,
Duos
Milites
gladiis
cinctos
&
in
Armis
&
Actibus
Armorum
magis
probatos
&
circumspectos
&
discretos
.
It
appears
by
the
Parliament
Roll
,
46
[
](A46988-e119640-b)(m)
(m)
Nul
home
de
Ley
pursuont
busoignes
en
la
Courte
de
Roy
,
ne
Viscount
pur
le
Temps
que
il
est
Viscount
,
soient
retournez
,
ne
acceptez
Chevalers
des
Countees
,
neque
ves
qui
sont
Gentz
de
Ley
,
&
Vis●ounts
ore
retournez
au
Parlement
eient
Gages
.
Rot.
Parl.
46
E.
3.
cum.
13.
E.
3.
That
it
was
accorded
,
and
assented
to
in
that
Parliament
,
and
an
Ordinance
made
,
That
no
Lawyer
pursuing
Business
in
the
Court
of
the
King
,
nor
any
Sheriff
while
he
was
Sheriff
,
should
be
returned
,
or
accepted
Knights
of
the
Counties
;
and
if
any
were
so
returned
,
they
should
have
no
wages
.
Therefore
in
the
fourteenth
Number
of
the
said
Roll
,
it
is
thus
expressed
,
Mes
voyet
le
Roy
,
que
Chevalers
&
Serjaunts
,
(
i.
e.
Esquires
,
not
Serjeants
at
Law
)
des
meulieur
valeurs
du
paiis
soiz
retornez
desore
Chevalers
en
Parlement
,
&
quils
sount
esluz
en
plein
Counts
.
That
Knights
and
Esquires
of
greatest
value
in
their
Country
should
be
chosen
in
the
full
County
.
The
very
next
Writ
47
E.
3.
[
](A46988-e119730-b)(n)
(n)
Cl.
47
E.
3
m.
13
dorso
.
To
be
Knights
gi●t
with
Swords
,
and
skilful
in
Arms.
runs
thus
,
Duos
Milites
gladiis
cinctos
se●
Armigeros
,
(
which
explains
the
word
Serjaunts
before
,
as
in
that
Age
being
reputed
Servants
to
Knights
,
as
holding
Lands
in
such
a
Tenure
of
them
)
de
dicto
Com.
digniores
&
probiores
,
&
in
Actibus
Armorum
magis
expertos
,
&
discretos
,
&
non
alterius
conditionis
,
&
duos
Cives
&
Burgenses
,
qui
in
navigo
&
exercitio
mercandisarum
notitiam
habeant
meliorem
,
eligi
;
and
then
in
the
Close
,
follows
,
Nolumus
autem
quod
tu
seu
aliquis
alius
Vicecomes
Regni
praedicti
,
aut
aliquis
alteri●s
conditionis
quam
superius
specificatur
,
aliqualiter
sit
electus
;
and
the
last
Clause
,
till
the
11
Rich.
2.
was
used
,
and
from
the
12th
.
to
the
last
of
Rich.
2.
the
words
alterius
conditionis
are
omitted
,
and
so
in
Ed.
Fourth's
time
;
but
the
Clause
,
that
the
Sheriff
be
not
chosen
,
is
retained
.
To
these
we
may
add
,
That
Bannerets
were
not
to
be
chosen
Members
of
the
House
of
Commons
,
[
](A46988-e119890-b)(o)
(o)
Cl.
7
R.
2.
m.
32.
dorso
.
No
Banneret
to
be
chosen
.
7
R.
2.
in
the
case
of
Thomas
Camoys
thus
,
Nos
advertentes
quod
hujusmodi
Banneretti
ante
haec
tempora
Milites
Comitatuum
ratione
alicujus
Parliamenti
eligi
minime
consueverunt
;
ipsum
de
Officio
Militis
ad
dictum
Parliamentum
pro
Communitate
Com.
praedicti
venturi
,
exonerari
volumus
,
and
so
commands
the
Sheriff
to
chuse
another
.
In
the
11
R.
2.
we
find
a
[
](A46988-e119990-b)(p)
(p)
Cl.
11
R.
2.
m.
24.
dorso
.
new
qualification
in
the
Writ
,
That
the
Knights
,
&c.
should
be
Gladio
cinctos
,
idoneos
&
discretos
,
&
in
Debatis
modernis
magis
indifferentes
;
A
new
Clause
recalled
.
but
the
King
being
informed
,
that
this
new
Clause
,
indifferent
in
the
modern
Debates
(
which
only
was
to
the
Knights
,
not
to
the
Citizens
or
Burgesses
)
was
contrary
to
the
forms
of
Elections
anciently
used
,
and
against
the
Liberty
of
the
Commons
,
he
superseded
,
and
revoked
that
Clause
by
another
Writ
.
In
the
5
H.
4.
an
unusual
new
[
](A46988-e120100-b)(q)
(q)
Cl.
5
H.
4.
par.
2.
m.
4.
dorso
.
No
Lawyers
to
be
chosen
.
Clause
was
added
to
the
prohibition
of
Sheriffs
,
Nolumus
,
&c.
nec
Apprenticius
a●t
aliquis
alius
homo
ad
Legem
aliqualiter
sit
electus
:
Concerning
this
and
that
in
the
46
Ed.
3.
the
curious
Reader
may
peruse
Sir
Ed.
[
](A46988-e120200-b)(r)
(r)
4
Instit.
p.
10.
Coke
,
whose
opinion
Mr.
Prynne
[
](A46988-e120240-b)(s)
(s)
Second
Part
of
Brief
Register
,
124.
Hist.
Ang.
p.
414.
from
the
Roll
,
and
from
Walsingham
,
clearly
confutes
,
however
that
Parliament
is
since
called
indoctum
.
After
this
,
upon
making
the
Statutes
7
H.
4.
c.
15.11
H.
4.
c.
1.
upon
the
Commons
Petition
,
the
ancient
form
for
the
Writs
was
somewhat
altered
and
enlarged
,
though
little
as
to
the
qualifications
,
but
as
to
the
manner
of
Elections
,
&c.
of
which
I
shall
discourse
by
it self
.
23
H.
6.
c.
15.
[
](A46988-e120370-b)(t)
(t)
Cl.
25
H.
6.
m.
24.
dorso
.
Only
Knights
,
Esquires
,
or
Gentlemen
to
be
Knights
of
Shires
.
a
Statute
was
made
concerning
Elections
of
Knights
,
therefore
in
the
Writs
of
Summons
25
H.
6.
it
runs
thus
,
Milites
notabiles
,
seu
saltem
notabiles
Armigeri
,
hominesve
generosi
de
natu
eorundem
Com.
qui
habiles
sunt
Milites
fieri
,
&
nullus
homo
de
gradu
valettae
,
&
gradu
inseriori
de
essendo
Milites
hujusmodi
existant
.
Having
thus
treated
of
the
Ancient
Qualifications
,
The
Modern
Qualifications
.
I
shall
subjoin
the
modern
,
which
are
comprised
in
short
,
To
cause
[
](A46988-e120460-b)(u)
(u)
Du●s
milit●s
gladiis
cinctos
m●gis
idoneos
,
&
discretos
—
Cives
&
Burgen●es●de
discretiorthus
&
magis
sufficientibus
.
The
Electors
.
two
Knights
girt
with
Swords
,
the
most
fit
and
discreet
of
the
County
aforesaid
,
and
of
every
City
of
that
Country
two
Citizens
,
of
every
Burrough
two
Burgesses
of
the
discreeter
and
most
sufficient
to
be
freely
and
indifferently
chosen
,
&c.
Having
thus
discoursed
of
the
Qualifications
of
the
Persons
elected
;
before
I
make
any
remarks
upon
the
whole
,
it
is
fit
to
note
the
Electors
and
manner
of
Election
.
Some
are
of
opinion
,
that
,
as
the
greater
and
lesser
Tenents
in
Capite
,
after
King
John's
Charter
,
were
the
only
Lay
constituent
Members
of
Parliament
,
so
the
still
smaller
Tenents
to
those
that
held
in
Capite
,
and
the
smaller
Tenents
in
Capite
,
if
not
they
only
,
did
elect
the
Knights
of
Shires
.
But
I
shall
,
as
fair
as
Records
will
give
me
light
,
by
particulars
clear
this
,
and
the
power
that
was
given
them
by
the
Community
of
the
County
to
the
Knights
.
The
first
[
](A46988-e120560-b)(w)
(w)
Cl.
22
E.
1.
m.
6.
dorso
.
Writ
hitherto
found
,
is
only
,
That
the
Sheriff
shall
cause
to
be
chosen
two
Knights
,
and
that
they
have
power
,
&c.
as
I
have
before
related
in
the
Writ
to
the
Sheriff
of
Northumberland
;
See
below
the
Choice
in
Yorkshire
.
it
is
to
cause
two
Knights
to
come
,
chosen
by
the
consent
of
the
County
,
and
to
have
full
power
for
themselves
singly
,
and
the
Community
of
the
County
;
and
so
likewise
,
two
Citizens
and
two
Burgesses
with
the
Assent
of
the
Community
of
the
City
or
Burrough
.
The
Knights
were
elected
by
the
Community
of
the
County
,
that
is
,
as
Dr.
Brady
makes
it
clear
in
his
[
](A46988-e120660-b)(x)
(x)
P.
33●34
.
Glossary
,
the
greater
and
less
Tenents
in
Capite
;
and
as
for
Cities
and
Burroughs
,
such
were
the
chusers
as
held
Lands
in
Free
Burgage
of
the
King
,
or
some
great
Lords
who
held
in
Capite
.
Ann.
26
E.
1.
[
](A46988-e120740-b)(y)
(y)
Bundel
num.
1.
expresseth
no
more
but
the
Election
in
general
,
and
the
power
to
be
given
the
Elected
,
Ita
quod
dicti
Milites
plenam
&
sufficientem
potestatem
pro
se
&
Communitate
Com.
praedict.
&
dicti
Cives
&
Burgenses
pro
se
&
Comunitate
Civitatum
&
Burgorum
praedictorum
divisim
ab
ipsis
tunc
ibidem
habeant
,
&c.
Before
I
proceed
any
further
,
Manucaptors
or
Pledges
,
that
Knights
elected
should
meet
in
Parliament
.
we
must
note
,
that
in
the
Returns
made
by
the
Sheriffs
to
these
Writs
,
there
are
found
26
E.
1.
four
Manucaptors
for
every
person
elected
,
and
in
others
two
:
these
did
engage
themselves
,
that
the
Knights
,
Citizens
,
or
Burgesses
so
elected
should
appear
at
the
Parliament
according
to
the
time
appointed
.
In
the
County
of
Bedford
,
I
find
Rich.
de
Rous
Knight
elected
,
and
no
Manucaptors
returned
,
but
that
the
Sheriff
distrained
eight
Oxen
,
and
four
Horses
of
him
,
that
he
should
come
at
the
Day
,
&c.
This
was
done
by
vertue
of
that
Clause
in
the
Writ
,
&
eos
ad
nos
ad
praedictos
diem
&
locum
venire
facias
;
and
this
way
of
having
Manucaptors
,
continued
till
the
12
E.
4.
[
](A46988-e120860-b)(z)
(z)
Brief
Register
,
part
2.
p.
50.
though
many
had
none
in
latter
times
.
Mr.
Prynne
observes
,
That
the
Knights
in
every
Shire
were
elected
in
the
full
County
,
by
and
for
the
whole
County
,
and
that
the
Citizens
and
Burgesses
were
then
also
elected
per
totam
Communitatem
.
In
all
the
Writs
of
Richard
the
Second
,
there
is
this
Clause
more
fully
inserted
than
in
any
before
,
That
the
Election
be
in
pleno
Comitatu
tuo
de
communi
assensu
ejusdem
Comitatus
.
Upon
the
making
the
Statutes
7
H.
4.
c.
15.
and
11
H.
4.
c.
1.
The
Statutes
for
ordering
Elections
.
for
regulating
abuses
in
Elections
,
the
Writs
of
Summons
8
H.
4.
and
all
his
time
,
and
so
[
](A46988-e121000-b)(a)
(a)
Cl.
1
H.
5.
m.
9.
&
37.
1
H.
5.
were
accordingly
altered
,
that
Proclamation
should
be
made
by
the
Sheriff
,
in
the
next
County
day
after
the
receipt
of
the
Writ
,
and
the
Knights
to
be
chosen
libere
&
indifferenter
,
Free
Choice
.
free
and
indifferently
by
those
that
were
present
at
the
Proclamation
;
and
shall
return
the
names
of
the
Knights
,
Citizens
,
and
Burgesses
,
Return
of
Indentures
.
in
certain
Indentures
betwixt
the
Sheriff
,
and
those
that
were
present
at
the
Election
,
whether
the
persons
elected
were
present
or
not
,
&c.
The
Returns
to
the
Writs
1
H.
5.
Who
were
Chusers
of
Burgesses
.
shew
the
Election
to
be
by
common
assent
and
consent
of
those
present
,
as
that
for
Lestwythiel
,
where
32
Electors
are
named
,
and
that
for
Surry
hath
only
four
,
but
adds
,
&
omnium
aliorum
fidelium
ibidem
existentium
.
The
Indenture
for
Sussex
is
in
French
,
and
saith
,
Les
Gentilles
homes
&
Communes
,
the
Gentlemen
and
Commons
had
chosen
Richard
Sayvile
,
&c.
The
Sheriff
of
Bristol
saith
,
Coadunatis
discretioribus
&
magis
sufficientibus
Burgensibus
,
ex
assensu
Johannis
Clive
Majoris
Villae
praedictae
,
&
aliorum
plurimorum
existentium
eligimus
,
&c.
The
elected
were
two
Burgesses
of
Bristol
,
Thomas
Norton
and
John
Leycester
,
both
for
Knights
for
the
County
of
Bristol
,
and
Burgesses
for
the
Villa
of
Bristol
;
and
in
another
these
are
called
Burgenses
and
Mercatores
.
The
next
alteration
that
I
find
,
is
after
the
Statute
of
the
[
](A46988-e121300-b)(b)
(b)
Cl.
23
H.
6.
m.
21.
dorso
.
The
Knights
to
be
resident
in
the
County
,
and
the
Electors
to
have
at
least
40
s.
a
year
Lands
.
8
H.
6.
c.
7.
which
agrees
with
that
of
23
H.
6.
that
every
Knight
to
be
chosen
within
the
Kingdom
of
England
to
come
to
the
Parliament
,
shall
be
chosen
by
such
as
live
in
the
County
;
whereof
every
one
have
a
free
Tenement
to
the
value
of
Forty
Shillings
per
annum
,
beyond
all
Reprizes
;
and
that
those
who
are
elected
be
abiding
,
and
resident
in
the
said
County
,
and
the
Sheriff
have
power
upon
Oath
to
examine
the
Electors
,
what
yearly
Estate
they
have
,
and
that
the
Sheriff
incur
the
penalty
of
100
Marks
for
his
false
return
,
and
the
Knights
so
returned
lose
their
Wages
.
There
are
several
Precepts
that
command
,
that
at
such
Elections
[
](A46988-e121430-b)(c)
(c)
Proclamari
&
inhiberi
facias
,
ne
aliqua
persona
tunc
ibidem
armata
,
seu
modo
guerrino
arraiata
,
ad
electionem
illam
accedat
.
Rot.
Parl.
8
H.
6.
m.
13.
num.
18.
None
to
come
in
an
Hostile
manner
to
elect
.
no
person
come
there
Armed
,
or
arrayed
in
Warlike
manner
,
or
do
,
nor
attempt
any
thing
that
may
be
in
disturbance
of
the
Kings
Peace
,
or
the
Election
;
as
particularly
is
expressed
in
the
Writs
,
2
E.
3.
m.
31.
dorso
,
and
several
others
to
be
perused
in
the
first
part
of
Prynne's
Brief
Register
,
a
p.
27.
ad
28
,
177
,
214.
Cl.
5
E.
2.
m.
22.
dorso
,
18
H.
6.
and
several
other
places
which
were
prohibited
,
that
Elections
thereby
might
be
made
free
.
That
it
may
appear
,
that
the
Elections
in
ancient
times
were
not
made
by
such
as
we
now
call
Freeholders
of
forty
Shillings
a
Year
(
which
now
is
established
by
Statute
Law
)
I
think
it
not
amiss
to
insert
what
I
find
of
a
particular
usage
in
Yorkshire
;
[
](A46988-e121580-b)(d)
(d)
Prynne's
Brevia
Parliamentaria
Rediviva
,
p.
152
,
153
,
154.
Atturneys
of
Noblemen
and
Ladies
in
Yorkshire
Electors
.
where●●
it
appears
by
the
first
Indentures
of
the
Elections
and
Returns
of
Knights
for
the
County
of
York
,
that
the
Atturnies
of
the
Archbishop
of
York
,
and
of
sundry
Earls
,
Lords
,
Nobles
,
and
some
Ladies
,
who
were
annual
Suitors
to
the
County
Court
of
Yorkshire
,
were
sole
Electors
of
the
Knights
,
as
appears
by
the
Return
13
H.
4.
upon
the
Writ
of
12
H.
4.
betwixt
Edm.
Sandford
Sheriff
on
the
one
part
,
and
Will
.
Holgate
Attorney
of
Ralph
Earl
of
Westmorland
,
Will●
de
Kyllington
Atturney
of
Lucy
Countess
of
Kent
,
Will
.
Hesham
Atturney
of
Pet.
Lord
de
M●lolacu
,
William
de
Burton
Atturney
of
William
Lord
de
Roos
,
Rob.
Evedal
Atturney
of
Ralph
Baron
of
Graystock
,
William
do
Heston
Atturney
of
Alex.
de
Metham
Knight
,
Henry
de
Preston
Atturney
of
Henry
de
Percy
Knight
,
chuse
John
de
Ever
Knight
,
and
Robert
de
Plompton
Knight
.
Also
2
H.
5.
The
Indenture
is
betwixt
William
de
Harrington
Knight
,
Sheriff
of
Yorkshire
,
and
Robert
Maulevere●
Atturney
of
Henry
Archbishop
of
York
,
William
Fencotes
Atturney
of
Ralph
Earl
of
Westmorland
,
William
Archer
Atturney
of
John
Earl
Marshal
,
and
so
the
Atturnies
of
Hen.
le
Scrop
Knight
Lord
of
Masham
,
of
Peter
de
Mulolacu
,
Alexander
de
Metham
.
Robert
Roos
,
of
Margaret
,
which
was
Wife
of
Henry
Vavasor
Knight
,
and
of
Henry
Percy
.
The
like
are
found
in
the
Eighth
and
Ninth
of
H.
5.
and
the
1
,
2
,
3
,
5
,
7
H
6.
in
all
which
the
Atturnies
only
of
Nobles
,
Barons
,
Lords
,
Ladies
,
and
Knights
,
who
were
Suitors
,
made
the
Elections
of
the
Knights
of
Yorkshire
,
in
the
County
Court
,
and
sealed
the
Indenture
.
I
have
a
French
Letter
of
Atturney
from
the
Lady
Ross
,
to
that
purpose
;
concerning
which
,
if
God
give
me
Life
,
I
shall
give
an
account
in
my
Antiquities
of
Yorkshire
,
This
Method
ceased
before
25
H.
6.
at
which
time
the
Return
made
by
Robert
Vghtred
Sheriff
of
Yorkshire
,
hath
the
Names
of
Forty
two
Gentlemen
,
most
of
which
are
of
very
ancient
Families
,
and
such
as
had
great
Estates
then
,
and
so
continue
to
have
;
though
I
doubt
not
but
(
as
it
is
the
Custom
now
)
the
much
lesser
part
of
those
present
were
only
inserted
as
Parties
to
the
Indentures
.
However
by
the
Community
we
may
understand
,
who
elected
were
not
like
the
Freeholders
now
.
The
next
thing
we
are
to
consider
in
the
Writs
of
Summons
to
Parliament
,
What
the
Knights
,
Citizens
,
and
Burgesses
were
summoned
for
.
is
what
the
Knights
,
Citizens
,
and
Burgesses
so
elected
,
were
by
the
Writ
authorized
to
do
.
The
first
Writ
[
](A46988-e122140-b)(e)
(e)
Ad
consulendum
,
&
consentiendum
,
pro
se
,
&
communitate
illa
,
hiis
quae
Comites
,
Barones
,
&
Proceres
praedicti
concorditer
ordinaverint
in
praemissis
.
Cl.
22.
E.
1.
m.
6.
dorso
.
that
we
find
for
Election
of
Knights
of
Shires
,
expresseth
their
convening
to
be
,
To
consult
,
and
consent
for
themselves
,
and
the
Community
,
to
those
things
which
the
Earls
,
Barons
,
and
foresaid
Nobles
unanimously
should
ordain
in
the
premisses
;
and
the
Writ
to
the
Sheriff
of
Northumberland
is
ad
a●diendum
&
faciendum
quod
&
tunc
ibidem
plenius
injungemus
,
to
hear
and
do
what
we
shall
then
and
there
fullier
enjoin
.
In
the
Writ
25
[
](A46988-e122190-b)(f)
(f)
Cl.
25
e.
1.
m.
6.
dorso
.
E.
1.
the
King
intending
to
confirm
the
great
Charter
,
and
Charter
of
the
Forrest
;
that
he
might
levy
the
eighth
part
of
all
the
Goods
of
his
Lieges
,
for
his
most
urgent
necessity
against
the
French
;
convenes
the
Parliament
before
Prince
Edward
his
Son
,
and
the
Knights
are
to
meet
to
receive
the
said
Charters
,
&
facturi
ulterius
quod
per
dictum
Filium
nostrum
ibidem
fuerit
ordinatum
;
to
do
further
what
should
be
ordained
by
the
Prince
.
The
Writ
25
E.
1.
[
](A46988-e122300-b)(g)
(g)
Bundel
.
num.
1.
Ad
faci●ndum
,
quod
tunc
de
Communi
Concili●
ordinabitur
in
praemissis
.
expresseth
that
the
Knights
,
Citizens
,
and
Burgesses
,
are
to
do
what
then
shall
be
ordained
in
the
Premisses
by
the
Common
Council
;
and
so
the
Returns
are
ad
faciendum
quod
tunc
ibidem
ordinabitur
.
In
17
E.
2.
[
](A46988-e122350-b)(h)
(h)
Cl.
17
E.
2.
m.
27.
dorso
.
it
is
enjoyned
,
that
the
Knights
,
&c.
be
there
,
ad
faciendum
&
consentiendum
hiis
quae
in
dicto
Parliamento
ordinari
contigerit
super
negotiis
antedictis
.
Anno
21
E.
3.
[
](A46988-e122450-b)(i)
(i)
Cl.
21
E.
3.
m.
12.
dorso
.
there
is
some
more
Power
granted
to
the
Knights
,
&c.
ad
tractandum
,
consulendum
,
&
consentiendum
hiis
quae
tunc
favente
divina
Clementia
contigerit
ordinari
.
Whereas
before
it
was
only
to
hear
and
do
what
was
ordained
by
the
King
,
the
Prince
,
or
the
great
Council
;
here
it
is
to
treat
,
consult
and
consent
to
what
then
should
be
ordained
.
But
the
Writ
Anno
36.
[
](A46988-e122520-b)(k)
(k)
Cl.
36
E.
3.
m.
16.
dorso
.
explains
who
had
the
ordaining
Power
,
for
it
runs
,
ad
consentiendum
hiis
quae
per
nos
,
ac
dictos
Praelatos
,
Magnates
&
Proceres
ordinari
contigerit
.
So
here
the
King
,
the
Bishops
,
and
the
Nobles
ordain
,
and
the
House
of
Commons
are
to
assent
.
Anno
47
E.
3.
[
](A46988-e122590-b)(l)
(l)
Cl.
47
E.
3.
m.
13.
dorso
.
the
words
are
,
ad
faciendum
,
&
consentiendum
eis
quae
tunc
de
Communi
Concilio
Regni
nostri
favente
Domino
contingant
ordinari
;
which
Form
is
continued
to
this
day
:
so
that
according
to
the
import
of
the
Writ
,
the
Commons
are
to
do
and
assent
to
what
shall
be
ordained
in
Parliament
;
by
which
two
words
I
suppose
they
have
the
full
Power
to
frame
Bills
,
and
to
assent
,
which
also
implies
a
Power
of
Dissent
to
the
Bills
sent
to
them
by
the
House
of
Lords
.
Having
thus
drawn
into
one
Scheme
,
the
most
material
Alterations
,
and
variety
of
Expressions
,
from
all
the
Writs
of
Summons
,
of
Mr.
Prynne
and
others
,
that
fill
so
great
Volumes
,
and
truly
(
as
I
hope
)
quoted
all
the
Records
,
which
illustrate
these
Particulars
,
and
in
a
very
clear
Landscape
represented
the
most
material
Parts
of
the
two
so
noble
and
wisely
constituted
Houses
;
from
whose
great
Wisdom
(
with
the
Sovereigns
Authority
and
Fiat
)
all
those
wholesome
and
necessary
Laws
are
derived
,
that
establish
this
great
Monarchy
:
I
shall
now
pass
to
some
general
Remarques
,
and
from
thence
to
the
ancient
and
modern
Priviledges
of
the
House
of
Commons
.
First
it
is
very
obvious
,
Kings
not
confined
to
two
Knights
,
&c.
that
the
Kings
of
England
formerly
were
not
confined
to
summon
only
two
Knights
,
Citizens
,
and
Burgesses
as
now
;
for
Anno
22
[
](A46988-e122720-b)(m)
(m)
Cl.
22
E.
1.
m.
6.
dorso
.
E.
1.
the
King
issued
out
his
Writs
of
Summons
for
two
Knights
of
every
County
,
after
which
,
follows
a
second
Writ
,
entred
immediately
after
in
the
same
Dorse
,
for
other
two
Knights
in
these
words
,
Praeter
illos
duos
Milites
eligi
facias
alios
duos
Milites
legales
,
&c.
So
28
E.
1.
three
Knights
,
or
other
three
de
probioribus
,
legalioribus
,
&
discretioribus
Liberis
Hominibus
,
&c.
eligi
.
These
probi
&
legales
homines
were
such
as
held
in
Capite
.
So
in
the
[
](A46988-e122830-b)(n)
(n)
Cl.
26
E.
3.
m
14.
dorso
.
V●
h●mines
ab
ista
occupa●●one
autump●alibus
quo
minus
possumus
retrahamus
.
26
of
E.
3.
the
King
considering
that
it
was
Harvest
time
,
that
he
might
not
withdraw
Men
from
that
Employment
,
unum
tantum
Militem
de
quolibet
Comitatu
ad
dictum
Concilium
mittendum
habere
volumus
ista
vice
.
So
[
](A46988-e122880-b)(o)
(o)
Cl.
45
E.
3.
m.
21.
dorso
.
Ordinavimus
ut
laboribus
par●atur
,
&
expensis
.
45
E.
3.
the
King
in
his
Writ
saith
,
That
he
might
spare
the
Labours
and
Expences
,
he
will
have
treaty
with
some
only
of
the
Magnates
,
(
by
which
the
Knights
of
Shires
here
are
to
be
understood
)
Citizens
and
Burgesses
,
One
Citizen
,
and
one
Burgess
.
therefore
appoints
one
Knight
for
the
County
of
Kent
,
one
Citizen
for
Canterbury
,
and
one
for
Rochester
,
whom
he
names
,
if
they
be
alive
,
otherwise
the
Companion
of
him
that
was
before
.
In
18
E.
3.
the
Writs
issued
only
for
two
[
](A46988-e122990-b)(p)
(p)
Brevia
Parl.
rediviva
,
p.
144.
ad
147.
Knights
in
every
County
,
and
no
Writ
for
Electing
Citizens
or
Burgesses
;
and
26
E.
3.
the
Writs
are
for
one
Knight
in
every
County
,
and
no
Citizens
or
Burgesses
:
yet
in
[
](A46988-e123030-b)(q)
(q)
These
things
are
now
reduced
to
a
certainty
by
the
Statutes
5
R.
2.
c.
4.
and
others
.
Prynne's
Brief
Regis●
.
par.
2
p.
32.
this
the
King
issued
out
particular
Writs
to
Mayors
and
Bailiffs
o●
Cities
and
Burroughs
,
to
elect
,
and
return
one
Citizen
for
every
City
,
and
one
Burgess
for
every
Burrough
.
Secondly
,
That
the
Kings
of
England
had
a
Power
to
supersede
particular
Persons
being
chosen
,
to
resummon
those
that
returned
without
leave
,
or
appoint
others
in
their
places
,
and
omit
sending
Writs
to
some
Cities
and
Burroughs
that
had
formerly
sent
,
and
to
create
new
Burroughs
.
So
the
Lord
Camoys
,
[
](A46988-e123130-b)(r)
(r)
See
Brief
Regist.
p.
118.
ad
123.
as
I
have
instanced
before
,
being
elected
by
the
King
's
first
Writ
,
the
King
by
new
Writ
declared
it
null
,
and
ordered
to
proceed
to
a
new
Election
,
and
the
King
appears
in
that
Age
to
be
the
sole
Judge
of
void
,
and
double
Elections
.
So
in
the
[
](A46988-e123160-b)(s)
(s)
Cl.
28
E.
1.
m.
7.
dorso
.
28
Ed.
1.
Phillip
de
Geyton
,
being
chosen
one
of
the
Knights
for
the
County
of
Northampton
,
and
could
not
attend
,
the
King
orders
another
to
be
chosen
.
So
5
[
](A46988-e123230-b)(t)
(t)
Cl.
5
E.
2.
m.
26.
dorso
.
E.
2.
because
the
Knights
,
Citizens
,
and
Burgesses
of
Yorkshire
,
went
away
for
certain
causes
not
there
expressed
(
it
is
probable
without
the
Kings
Leave
)
therefore
he
sends
his
Precept
to
the
Sheriff
,
to
cause
them
to
return
,
vel
alios
ad
hoc
idoneos
loco
eorum
si
ad
hoc
vacare
non
possint
.
But
this
more
especially
is
to
be
taken
notice
of
when
I
come
to
discouse
of
Priviledges
of
Parliament
.
As
to
the
last
particular
of
the
King
's
appointing
new
Burroughs
,
The
King
makes
new
Burroughs
.
impowering
them
by
special
Charters
to
send
Citizens
and
Burgesses
to
all
Parliaments
to
be
afterwards
held
by
the
King
,
his
Heirs
,
and
Successors
,
Judge
[
](A46988-e123320-b)(u)
(u)
Reports
,
p.
14
,
15.
Hobarts
hath
cleared
it
,
and
[
](A46988-e123350-b)(w)
(w)
Brief
Register
,
par.
2.
p.
170.
Mr.
Prynne
hath
reduce
them
all
into
Chronological
Tables
,
and
he
makes
it
a
certain
Note
,
that
where
the
Sheriff
makes
his
Return
,
nulli
sunt
Cives
nec
Burgenses
in
Com.
praedict.
or
non
est
alia
Civitas
vel
Burgus
,
or
non
sunt
alii
Burgi
,
we
may
certainly
conclude
that
every
City
or
Burrough
omitted
then
out
of
those
ancient
Returns
,
and
since
returned
for
Cities
or
Burroughs
,
were
made
Cities
and
Burroughs
since
that
time
,
as
the
curious
may
see
at
large
in
his
[
](A46988-e123420-b)(x)
(x)
P.
223.
ad
297.
Brevia
Parliamenta
Rediviva
.
But
on
the
other
side
,
Old
Burroughs
discontinued
,
for
what
reason
.
we
find
many
Burroughs
who
elected
Burgesses
in
26
E.
1.
(
as
particularly
Pontefract
and
Malton
in
Yorkshire
)
had
no
Summons
that
are
yet
found
,
from
26
E.
1.
to
12
E.
4.
Now
whether
this
were
by
the
King
's
special
Directions
,
the
Desire
of
the
Places
,
(
as
not
being
willing
to
be
at
the
Charge
of
paying
their
Burgesses
Wages
,
which
were
in
that
Age
exacted
)
or
the
Carelesness
of
the
Sheriffs
,
is
a
Question
not
easily
to
be
determined
;
though
it
is
certain
,
it
might
be
by
any
of
these
Causes
.
That
Poverty
was
a
principal
Cause
,
appears
in
the
numerous
Returns
of
the
Sheriffs
of
Lancashire
,
[
](A46988-e123550-b)(y)
(y)
Id.
p.
236.
when
Lancaster
and
Preston
before
33
E.
3.
used
to
return
Burgesses
;
but
from
thence
,
till
after
the
Reign
of
King
Edward
the
Fourth
,
we
find
the
Return
to
be
,
Non
est
aliqua
Civitas
neque
Burgus
in
Balliva
mea
:
And
the
Reason
is
given
in
the
Return
38
E.
3.
Propter
eorum
debilitatem
seu
paupertatem
,
inopiam
&
paupertatem
,
or
paupertatem
&
debilitatem
,
throughout
the
whole
.
For
it
was
anciently
really
reputed
a
great
Burthen
for
poor
and
small
Burroughs
to
send
Burgesses
to
Parliament
,
they
being
bound
to
defray
their
Charges
.
[
](A46988-e123650-b)(z)
(z)
Pat.
42
E.
3.
par.
1.
m.
8.
So
the
Bailiffs
and
Commonalty
of
Toriton
did
repute
it
,
and
petitioned
the
King
in
Parliament
to
free
them
from
this
Burthen
;
as
likewise
did
the
Abbat
of
Leicester
,
Anno
14
E.
3.
the
Prior
of
St.
James
without
Northampton
,
Anno
12
E.
2.
by
reason
[
](A46988-e123760-b)(a)
(a)
Selden's
Titles
of
Honour
,
p.
730.
ad
734.
Coke
4.
Instit.
p.
44
,
45.
of
their
Poverty
,
and
extraordinary
Expences
in
repairing
to
Parliaments
,
to
be
exempted
from
all
future
Parliaments
,
they
not
holding
by
Barony
;
and
obtained
their
Request
.
So
the
Abbat
of
St.
Augustine
in
Bristol
,
Pat.
15
E.
3.
p.
1.
m.
13.
Mr.
Prynne
[
](A46988-e123890-b)(b)
(b)
Brev.
Parl.
rediviva
,
p.
240.
owns
,
That
the
King
by
his
Letters
Patents
may
exempt
a
Burrough
unduely
charged
by
the
Practice
of
Sheriffs
or
others
to
send
Men
to
Parliament
against
Right
and
common
Usage
;
but
not
[
](A46988-e123910-b)(c)
(c)
15
E.
3.
Stat.
2.
c.
6.
such
as
by
Duty
and
Custom
ought
to
send
and
find
Burgesses
.
Under
this
Head
we
may
consider
the
Temporary
[
](A46988-e123950-b)(d)
(d)
5
R.
2.
c.
4.23
H.
6.
c.
15.
See
more
at
large
for
this
,
Prynne's
Animadversions
on
Sir
E.
Coke's
Instit.
p.
32.
Exemption
of
R.
2.
6
Regni
,
to
the
Burgesses
of
Colchester
,
for
five
years
,
in
consideration
of
the
new
building
and
fortifying
their
Walls
:
yet
this
did
not
exempt
them
;
for
it
was
against
the
Statute
made
5
Ric.
2.
[
](A46988-e124070-b)(e)
(e)
5
R.
2.
Parl.
2.
c.
5.
wherein
it
is
expresly
provided
,
That
all
Persons
and
Commonalties
which
shall
from
henceforth
have
Summons
to
the
Parliament
,
shall
come
in
the
manner
as
they
be
bound
to
do
,
and
have
been
accustomed
,
within
this
Realm
of
England
,
of
old
time
:
And
the
Sheriffs
are
punishable
who
leave
out
of
the
said
Returns
any
Cities
or
Burroughs
which
be
bound
,
Sheriffs
punishable
that
om●t
summoning
.
and
of
old
times
were
wont
to
come
to
the
Parliament
.
And
in
[
](A46988-e124130-b)(f)
(f)
C.
15.
23
H.
6.
it
is
said
,
That
divers
Sheriffs
of
the
Counties
have
sometimes
returned
none
of
the
Knights
,
Citizens
,
and
Burgesses
,
lawfully
chosen
,
but
such
which
were
never
duly
chosen
,
and
other
Citizens
and
Burgesses
than
those
which
by
the
Mayors
and
Bayliffs
were
to
the
said
Sheriffs
returned
;
and
moreover
made
no
Precepts
to
the
Mayors
or
Bayliffs
for
the
Electing
of
Citizens
and
Burgesses
to
come
to
Parliament
.
Which
makes
Mr.
Prynne
[
](A46988-e124170-b)(g)
(g)
Brev.
Parl.
rediv.
p.
241.
Sheriffs
formerly
took
liberty
what
Places
to
send
Writs
to
.
infallibly
resolve
,
that
Sheriffs
did
before
these
Acts
,
arbitrarily
issue
out
their
Precepts
to
what
Cities
and
Burroughs
they
pleased
,
which
they
might
the
more
freely
do
,
because
the
Precept
to
them
was
indefinite
de
qualibet
Civitate
&
quolibet
Burgo
,
used
in
all
Writs
since
the
23
[
](A46988-e124200-b)(h)
(h)
Membr.
4.
dorso
.
E.
1.
without
designing
the
particular
Cities
or
Burroughs
by
name
.
By
which
means
Sheriffs
might
use
a
kind
of
Arbitrary
Power
according
as
their
Judgment
directed
them
,
or
their
affections
of
favour
,
partiality
,
malice
,
or
the
solicitations
of
any
private
Burrough
to
them
,
or
of
Competitors
for
Citizens
or
Burgesses
places
within
their
County
,
swayed
them
;
which
opinion
of
Mr.
Prynn's
,
as
also
that
no
new
Burroughs
by
the
Kings
mere
Grant
,
or
the
House
of
Commons
Order
,
can
be
legally
created
,
or
old
long
discontinued
Burroughs
be
enabled
by
Vote
of
the
House
of
Commons
to
chuse
and
return
Burgesses
to
our
English
Parliaments
,
I
shall
leave
to
the
discussionof
those
it
may
concern
.
There
was
one
Custom
anciently
used
(
which
was
taken
away
by
the
Statute
of
the
36
H.
6.
Knights
,
Citizens
,
and
Burgesses
elected
at
the
County-Court
the
same
day
.
)
that
in
many
Counties
,
the
Knights
,
Citizens
and
Burgesses
were
elected
on
the
same
day
in
their
County
Courts
,
by
the
Suitors
or
others
resorting
to
it
;
or
by
four
or
five
Citizens
and
Burgesses
only
(
whereof
the
Mayor
,
Bayliffs
or
chief
Officer
was
usually
one
)
sent
from
every
City
and
Burrough
to
the
County
Court
,
there
to
elect
their
Citizens
and
Burgesses
,
so
soon
as
the
Knights
were
chosen
,
returning
them
often
in
one
[
](A46988-e124270-b)(i)
(i)
Brev.
Parl.
rediv.
p.
176.
Indenture
,
or
the
Knights
alone
,
and
the
Citizens
and
Burgesses
in
another
,
under
the
Seals
of
the
Citizens
and
Burgesses
electing
them
,
as
appears
by
the
Indenture
for
Cumberland
2
H
5.
and
that
of
Kent
12
H.
4.
of
Wilts
1
H.
5.
and
Bedford
2
H.
5.
Before
I
dismiss
this
head
,
I
shall
note
out
of
the
great
[
](A46988-e124370-b)(k)
(k)
Ibid.
p.
223.
Collections
of
Mr.
Prynne
,
How
many
Cities
and
Burroughs
anciently
.
that
the
total
number
of
the
Cities
,
Burroughs
and
Ports
,
either
summoned
by
the
Sheriffs
Precepts
or
Writs
to
Elect
and
Return
,
or
actually
electing
and
returning
Citizens
,
Burgesses
or
Barons
of
the
Cinque
Ports
,
from
King
Edward
the
First
's
Reign
,
to
the
end
of
Edward
the
Fourth
,
were
but
a
Hundred
and
Seventy
,
and
no
more
,
whereof
Seven
never
sent
after
E.
1st's
.
time
,
and
Twenty
of
them
but
once
during
these
Kings
Reigns
,
and
Thirteen
of
our
Abbats
,
and
Twenty
Seven
of
our
Priors
were
summoned
to
our
Parliaments
but
once
,
and
several
Burroughs
but
twice
,
thrice
,
four
or
five
or
six
times
,
all
the
whole
time
else
being
omitted
:
and
as
some
were
thus
neglected
,
New
Burroughs
erected
in
several
Kings
Reigns
.
so
new
ones
supplied
the
number
.
In
Edward
the
Second's
time
Nineteen
new
Burroughs
being
added
,
and
as
many
in
Edward
the
Third's
time
.
During
the
Reign●
of
Richard
the
Second
,
Henry
the
Fourth
and
Fifth
,
no
new
Burroughs
created
at
all
;
and
during
the
Forty
Nine
Years
Reign
of
Henry
the
Sixth
,
but
Five
new
Burroughs
;
and
in
Edward
the
Fourth's
time
but
one
.
He
saith
,
that
Fourteen
new
Burroughs
have
been
made
in
Cornwal
since
K.
Ed.
4.
[
](A46988-e124530-b)(l)
(l)
Idem
,
230.
By
which
is
discovered
the
Error
of
the
Compiler
of
the
absurd
gross
late
Imposture
,
Intituled
,
Modus
tenendi
Parliamentum
,
so
magnified
by
Sir
Edward
Coke
,
[
](A46988-e124580-b)(m)
(m)
4.
Instit.
p.
12.1
.
Inst.
p.
69.2
.
Inst.
7
,
8.
Preface
to
ninth
Report
.
beyond
all
bounds
of
Truth
and
Modesty
;
as
also
the
great
mistake
of
our
learned
judicious
Antiquary
[
](A46988-e124620-b)(n)
(n)
Archaion
,
p.
257.
Mr.
Lambard
and
[
](A46988-e124650-b)(o)
(o)
Doderidge
of
the
Antiquity
of
Parliaments
.
others
of
great
note
,
who
affirm
that
the
true
original
Title
and
Right
of
all
our
ancient
Cities
and
Burroughs
,
electing
and
sending
Burgesses
and
Citizens
to
our
Parliaments
,
is
Prescription
time
out
of
mind
,
long
before
the
Conquest
;
it
being
a
Privilege
they
actually
,
and
of
right
enjoyed
in
Edward
the
Confessor's
time
or
before
,
and
exercised
ever
since
:
Indeed
the
whole
series
of
the
great
Councils
in
the
Saxon
,
Danish
and
Norman
Kings
Reigns
to
the
Forty
Ninth
of
Henry
the
Third
,
evince
the
contrary
.
As
to
the
Wages
of
the
Knights
,
Citizens
and
Burgesses
,
The
Wages
of
Knights
,
Citizens
,
and
Burgesses
.
it
being
a
thing
now
obsolete
(
though
not
out
of
force
by
those
that
would
claim
them
)
I
shall
only
note
,
that
the
first
Writ
for
them
,
is
coeval
with
our
Kings
first
Writs
of
Summons
;
and
the
reason
given
in
the
Writ
is
,
That
whereas
the
King
had
summoned
two
Knights
,
&c.
and
they
had
stayed
[
](A46988-e124750-b)(p)
(p)
Ac
iidem
Milites
moram
diuturniorem
quam
credebant
traxerint
ibidem
,
propter
quod
non
modicas
fecerint
expensas
.
Cl.
49
H.
3.
m.
10.
dorso
.
longer
than
they
believed
they
should
do
,
by
reason
of
which
they
had
been
at
no
small
Expence
:
therefore
the
King
appoints
the
Sheriff
by
the
counsel
of
Four
lawful
Knights
,
to
provide
for
the
Two
Knights
of
the
Shire
their
reasonable
Expences
.
The
Writ
of
the
28
Ed.
1.
[
](A46988-e124790-b)(q)
(q)
Rot.
Claus.
28
E.
1.
m.
12.
dorso
.
commands
that
they
have
rationabiles
expensas
suas
,
in
veniendo
ad
nos
,
ibidem
morando
,
&
inde
ad
propria
redeundo
;
their
reasonable
Expences
in
coming
to
the
King
,
staying
there
,
and
returning
to
their
homes
.
The
like
we
find
for
the
Citizens
and
Burgesses
in
the
1
Ed.
2.
there
was
Four
Shillings
a
day
allowed
for
every
Knight
,
and
Two
Shillings
for
every
Citizen
and
Burgess
.
Mr.
Prynne
[
](A46988-e124880-b)(r)
(r)
Brief
Parliamentary
Writs
,
part
4.
p.
4.
gives
many
good
reasons
why
these
Wages
were
allowed
,
some
of
which
I
shall
recite
:
As
first
,
that
all
Laws
allow
Sallaries
for
Services
,
and
those
being
public
Servants
and
Representatives
or
Atturneys
for
the
Counties
,
Cities
,
Burroughs
,
to
consult
about
the
great
and
arduous
Affairs
,
necessary
Defence
,
Preservation
and
Wellfare
of
the
King
and
Kingdom
,
and
theirs
,
for
and
by
whom
they
were
intrusted
;
it
is
reason
(
as
they
receive
the
benefit
of
their
good
Service
,
in
giving
their
good
Advice
towards
the
redressing
of
Grievances
,
and
making
wholsom
Laws
)
that
they
should
have
allowed
their
necessary
Expences
.
Secondly
,
It
appears
in
ancient
times
,
there
was
no
such
ambition
to
be
Parliament-men
as
of
late
,
but
the
Persons
elected
thought
it
a
burthen
;
therefore
lest
being
elected
they
should
neglect
to
repair
to
the
Convention
,
they
had
Sureties
called
Manucaptors
for
their
Appearance
.
Thirdly
,
This
obliged
the
Counties
,
Cities
and
Burroughs
to
be
carefuller
in
electing
the
discreetest
,
ablest
,
fittest
and
most
laborious
persons
,
who
would
speediest
and
best
dispatch
all
Public
business
,
which
occasioned
the
shortness
of
Sessions
.
Fourthly
,
It
begat
a
greater
confidence
,
correspondence
and
dependance
betwixt
the
Electors
and
Elected
.
Fifthly
,
It
kept
poor
petty
Burroughs
(
unable
to
defray
the
Expences
of
their
Burgesses
)
from
electing
or
sending
Members
to
our
Parliaments
,
and
oblig'd
some
to
Petition
to
be
eased
of
the
Charge
;
whereby
the
number
of
Burgesses
was
scarce
half
so
many
,
and
Parliaments
were
more
expeditious
in
Councils
,
Aids
,
Motions
and
their
Acts
and
Debates
,
and
so
the
Sessions
were
much
shortned
,
the
Elections
were
then
fairer
,
and
for
the
most
part
unquestionable
,
the
Commons
House
less
unwieldy
,
Privileges
of
Parliament
less
enlarged
beyond
the
ancient
Standard
,
abuses
in
Elections
,
Returns
and
Contests
about
them
(
by
reason
of
the
Mercenary
and
Precarious
Voices
)
less
troublesom
:
whereas
now
in
every
new
Parliament
a
great
part
of
the
time
is
spent
in
the
regulating
Elections
.
But
Mr.
Prynne
hints
little
upon
one
great
cause
of
that
usage
,
which
was
that
in
Burroughs
as
well
as
Cities
,
most
what
the
persons
elected
were
the
Inhabitants
in
the
Cities
and
Burroughs
,
Merchants
,
Tradesmen
,
or
the
most
popular
Burghers
;
as
will
appear
to
whoever
peruseth
the
Chronological
Catalogue
Mr.
Prynne
[
](A46988-e124930-b)(s)
(s)
P.
900.
to
1072.
with
no
small
pains
hath
collected
into
his
Fourth
Part
of
his
Brief
Register
,
where
I
believe
one
can
pitch
upon
no
City
of
Burrough
from
the
time
of
Ed.
1.
to
the
12
Ed.
4.
but
he
will
find
by
the
very
names
,
that
they
were
such
as
I
have
mentioned
.
I
am
well
assured
of
it
for
Yorkshire
,
and
particularly
for
the
City
of
York
,
they
being
generally
such
as
we
find
in
the
List
of
their
Mayors
.
Beverly
hath
Four
of
the
Sirnames
of
good
Families
,
and
Kingstone
upon
Hull
hath
[
](A46988-e125040-b)(t)
(t)
8
E.
3.
William
a
S.
Pole
,
from
whom
the
great
Family
of
Suffolk
sprung
,
but
it
is
well
known
he
was
a
Merchant
there
.
Now
since
every
part
of
the
Country
abounds
with
Gentlemen
of
Plentiful
Fortunes
,
Why
wages
not
now
paid
to
Knights
,
Citizens
,
and
Burgesses
.
Generous
Education
,
such
as
are
versed
in
Affairs
of
their
Country
,
as
Justices
of
the
Peace
,
Deputy
Lieutenants
,
and
have
been
Sheriffs
,
Members
of
Parliament
,
and
born
Publick
Offices
;
there
can
be
no
expectation
or
Fear
,
that
those
that
are
Candidates
for
Parliament
Men
for
Burroughs
,
will
expect
any
Sallary
or
Reward
,
so
long
as
they
chuse
them
.
There
being
generally
Competitors
,
who
instead
of
expecting
Wages
,
are
generally
obliged
now
to
vast
expences
to
purchase
the
Votes●
of
the
Electors
;
so
that
now
the
Honourable
House
of
Commons
is
quite
another
thing
,
than
what
it
was
wont
to
be
in
elder
Ages
,
when
they
were
summoned
principally
to
give
Assent
to
what
the
King
and
the
Lords
did
,
to
assent
to
Aids
,
and
Taxes
,
and
apportion
their
own
Taxes
,
bring
up
their
Petitions
concerning
Grievances
to
be
redressed
by
the
King
and
his
Council
,
or
the
King
and
Lords
,
and
draw
up
Impeachments
against
great
Offenders
,
and
such
like
.
Having
thus
considered
the
Writs
of
Summons
to
the
Members
of
the
House
of
Commons
before
Henry
the
Seventh's
time
in
all
its
branches
,
Copy
of
Writs
of
Summons
now
used
to
the
Sheriffs
.
I
shall
give
a
Transcript
of
the
Writ
of
Summons
used
at
this
day
;
whereby
may
be
seen
how
much
of
the
old
form
is
continued
,
which
I
shall
insert
in
Latin
and
English
,
that
the
Emphasis
of
the
Original
may
not
be
lost
.
REX
Vicecomiti
Salutem
,
&c.
Quia
de
advisamento
,
&
assensu
Concilii
nostri
,
pro
quibusdam
arduis
&
urgentibus
negotiis
,
nos
,
statum
&
defensionem
Regni
nostri
Angliae
,
&
Ecclesiae
Anglicanae
,
concernentibus
;
quoddam
Parliamentum
nostrum
apud
,
&c.
die
,
&c.
proxime
futuro
,
teneri
ordinavimus
;
&
ibidem
cum
Praelatis
,
Magnatibus
&
Proceribus
dicti
Regni
nostri
colloquium
habere
&
tractatum
.
Tibi
praecipimus
,
firmiter
injungentes
,
quod
facta
Proclamatione
in
proximo
Comitatu
tuo
post
receptionem
hujus
Brevis
nostri
,
tenendo
die
&
loco
praedicto
,
duos
Milites
gladiis
cinctos
,
magis
idoneos
,
&
discretos
Comitatus
praedicti
,
&
de
qualibet
Civitate
Comitatus
illius
,
duos
Cives
,
&
de
quolibet
Burgo
duos
Burgenses
,
de
discretioribus
&
magis
sufficientibus
,
libere
&
indifferenter
per
illos
qui
Proclamationi
hujusmodi
interfuerint
,
juxta
formam
Statutorum
inde
editorum
&
provisorum
eligi
,
&
nomina
eorundem
Militum
,
Civium
,
&
Burgensium
,
sic
electorum
,
in
quibusdam
Indenturis
inter
te
&
illos
qui
hujusmodi
Electioni
interfuerint
,
inde
conficiendis
,
sive
hujusmodi
electi
praesentes
fuerint
,
vel
absentes
,
inseri
;
eosque
ad
dictum
diem
&
locum
venire
facias
;
ita
quod
iidem
Milites
,
plenam
&
sufficientem
potestatem
pro
se
,
&
Communitate
Comitatus
praedicti
;
Cives
&
Burgenses
pro
se
,
&
Communitate
Civitatum
&
Burgorum
praedictorum
,
divisim
ab
ipsis
habeant
,
ad
faciendum
&
consentiendum
his
quae
tunc
ibidem
de
communi
Concilio
dicti
Regni
nostri
(
favente
Deo
)
contigerint
ordinari
,
super
negotiis
ante
dictis
:
Ita
quod
pro
defectu
potestatis
hujusmodi
,
seu
propter
improvidam
Electionem
Militum
,
Civium
aut
Burgensium
praedictorum
,
dicta
negotia
infecta
non
remaneant
quovis
modo
.
Nolumus
autem
quod
tu
nec
aliquis
alius
Vicecomes
dicti
Regni
nostri
aliqualiter
sit
electus
.
Et
Electionem
illam
in
pleno
Comitatu
factam
distincte
&
aperte
sub
Sigillo
tuo
&
Sigillis
eorum
qui
Electioni
illae
interfuerint
,
nobis
in
Cancellariam
nostram
ad
dictum
d●em
&
locum
certifices
,
indilate
remittens
nobis
alteram
partem
Indenturarum
praedictarum
praesentibus
consutam
una
cum
hoc
Brevi
.
Teste
meipso
apud
Westmonast
—
THE
King
to
the
Sheriff
,
Greeting
.
Whereas
by
the
Advice
and
Consent
of
our
Council
,
Advice
of
Privy
Council
.
for
certain
difficult
and
urgent
business
concerning
us
and
the
State
and
defence
of
our
Kingdom
of
England
,
and
the
English
Church
,
we
have
ordained
a
certain
Parliament
of
ours
to
be
held
at
our
City
,
of
&c.
the
day
,
&c.
next
ensuing
,
and
there
to
have
conference
,
Conference
with
Prelates
,
&c.
and
to
treat
with
the
Prelates
,
Great
Men
,
and
Peers
of
our
said
Kingdom
.
We
command
and
straitly
enjoyn
you
,
Proclamation
at
County-Court
.
that
making
Proclamation
at
the
next
County
Court
after
receipt
of
this
our
Writ
,
to
be
holden
the
day
and
place
aforesaid
;
Two
Knights
girt
with
Swords
,
&c.
you
cause
two
Knights
girt
with
Swords
,
the
most
fit
and
discreet
of
the
County
aforesaid
;
and
of
every
City
of
that
County
two
Citizens
;
Two
Citizens
.
and
of
every
Burrough
,
Two
Burgesses
.
two
Burgesses
of
the
discreeter
,
and
most
sufficient
,
Indifferently
chosen
by
those
present
at
the
Proclamation
,
according
to
Statutes
.
to
be
freely
and
indifferently
chosen
by
them
who
shall
be
present
at
such
Proclamation
according
to
the
tenure
of
the
Statutes
in
that
case
made
and
provided
,
Their
Names
inserted
in
Indentures
betwixt
the
Sheriff
and
the
Electors
.
and
the
names
of
the
said
Knights
,
Citizens
and
Burgesses
so
chosen
,
to
be
inserted
in
certain
Indentures
,
to
be
then
made
between
you
and
those
that
shall
be
present
at
such
Election
,
whether
the
parties
so
elected
be
present
or
absent
;
and
shall
make
them
to
come
at
the
said
day
and
place
;
To
cause
them
to
come
at
the
Day
and
Place
.
The
Knights
from
the
County
,
the
Citizens
and
Burgesses
from
their
Cities
&
Burroughs
,
to
have
full
power
to
do
and
consent
.
so
that
the
said
Knights
for
themselves
,
and
for
the
County
aforesaid
,
and
the
said
Citizens
and
Burgesses
for
themselves
and
the
Commonalty
of
the
aforesaid
Cities
and
Burroughs
,
may
have
severally
for
them
full
and
sufficient
power
to
perform
and
to
consent
to
those
things
which
(
by
the
favour
of
God
)
shall
there
happen
to
be
ordained
by
the
Common
Council
of
our
said
Kingdom
concerning
the
businesses
aforesaid
;
Lest
for
want
of
that
Power
,
or
improvident
Election
,
the
Business
be
undon●
.
so
that
the
business
may
not
by
any
means
remain
undone
for
want
of
such
power
,
No
Sheriff
to
be
chosen
.
or
by
reason
of
the
improvident
Election
of
the
aforesaid
Knights
,
Citizens
and
Burgesses
.
Election
to
be
in
full
County
.
But
we
will
not
in
any
case
,
you
or
any
other
Sheriff
of
our
said
Kingdom
shall
be
elected
.
The
Indentures
to
be
sealed
by
the
Sheriff
and
Electors
.
And
at
the
day
and
the
place
aforesaid
the
said
Election
made
in
the
full
County
Court
,
A
Counterpart
tacked
to
the
Writ
,
returned
into
the
Chancery
.
you
shall
certify
without
delay
to
us
in
our
Chancery
,
under
your
Seal
,
and
the
Seals
of
them
which
shall
be
present
at
that
Election
,
sending
back
unto
us
the
other
part
of
the
Indenture
aforesaid
,
affiled
to
these
Presents
,
together
with
this
Writ
.
Witness
our self
at
Westminster
—
SECT.
7.
Concerning
the
Speaker
,
and
the
Privileges
of
the
House
of
Commons
.
IT
is
not
my
design
to
treat
of
all
things
relating
to
the
Constitution
,
My
Design
not
to
controvert
the
Privileges
of
the
House
of
Commons
,
but
to
sh●w
the
gradual
Alterations
.
Laws
,
and
Customs
of
the
House
of
Commons
:
there
are
several
useful
Books
extant
which
are
fit
for
the
Honourable
Members
of
the
House
,
to
consult
.
What
I
most
aim
at
,
is
to
shew
what
the
Ancient
Usage
hath
been
,
and
how
from
time
to
time
things
have
been
refined
to
the
Mode
and
State
they
are
now
in
:
and
I
hope
those
great
Spirits
that
honour
their
Countries
with
their
Service
,
will
pardon
one
that
designs
nothing
more
than
to
give
them
a
Profile
of
the
whole
Model
,
both
in
the
days
of
our
remotest
Ancestors
,
and
what
it
was
in
more
Modern
times
,
under
just
and
undoubted
Soveraigns
;
as
also
how
much
it
was
transformed
when
the
pretended
House
of
Commons
being
confederated
with
a
successful
Army
,
murthered
their
Soveraign
,
voted
away
the
House
of
Lords
,
and
assumed
the
Title
of
the
Supream
Authority
of
the
Nation
;
of
which
last
I
shall
treat
in
the
next
Chapter
.
The
Members
being
according
to
the
Kings
Command
come
to
the
place
appointed
;
sometimes
the
Soveraign
with
the
Lords
in
their
Robes
have
rid
in
State
to
the
Parliament
,
which
is
generally
yet
observed
in
Scotland
and
Ireland
.
The
Solemnity
at
the
Opening
of
the
Parliament
.
However
at
the
opening
of
the
Parliament
the
King
is
seated
on
his
Throne
under
the
Canopy
with
his
Royal
Crown
on
his
Head
,
the
Chancellor
standing
something
backward
on
his
Right-hand
,
and
the
great
Officers
,
as
Lord
Treasurer
,
Lord
President
of
the
Kings
Council
,
Lord
Privy
Seal
,
Great
Chamberlain
,
the
Lord
Constable
,
Marshal
,
Lord
Admiral
,
Lord
Steward
and
Kings
Chamberlain
attend
on
either
side
the
State
,
or
in
their
Seats
with
the
Ensigns
of
their
Offices
,
some
of
the
Nobles
being
appointed
to
carry
the
Sword
and
the
Cap
of
Maintenance
.
Three
great
Gilt
Maces
are
carried
,
See
for
this
more
fully
,
Elsyng's
Method
of
holding
Parliaments
,
p.
86.
and
all
the
Heralds
attend
in
their
Cloth
of
Gold
Coats
.
The
two
Archbishops
,
and
Bishops
in
their
Robes
sit
upon
Benches
next
the
Wall
on
the
Right-hand
,
and
the
rest
of
the
Great
Officers
that
stand
not
by
the
State
,
and
all
the
Nobility
in
order
upon
the
Bench
on
the
Left-hand
,
or
on
the
Forms
that
stand
in
the
middle
,
where
also
sit
the
Judges
,
Master
of
the
Rolls
,
Secretaries
of
State
,
twelve
Masters
of
Chancery
,
Atturney
General
,
Solicitor
General
,
and
Clerk
of
the
Crown
,
and
the
other
Clerks
Assistants
;
which
it
is
not
my
business
exactly
to
describe
.
The
King
being
Seated
,
when
it
's
his
pleasure
,
Leave
given
to
the
Commons
to
chuse
their
Speaker
.
the
House
of
Commons
are
sent
for
,
who
standing
bare
at
the
Lords
Bar
,
attend
the
King's
Speech
,
and
the
Chancellor's
;
and
then
have
leave
to
chuse
their
Speaker
,
whom
commonly
some
of
the
Members
of
the
House
that
are
of
the
King's
Privy-Council
,
propose
;
and
if
any
one
oppose
it
,
[
](A46988-e125630-b)(u)
(u)
Hackwel
,
p.
127.
he
is
to
name
another
.
But
I
shall
refer
the
curious
to
Mr.
Elsyng
,
and
others
that
treat
of
this
at
large
.
Sir
Edward
Coke
[
](A46988-e125680-b)(w)
(w)
4.
Instit.
p.
8.
saith
,
That
though
the
Commons
are
to
chuse
their
Speaker
,
yet
seeing
that
after
their
choice
,
the
King
may
refuse
him
,
for
avoiding
expence
of
time
,
and
contestating
about
it
,
the
use
is
(
as
in
the
Conge
de
eslier
of
a
Bishop
)
that
the
King
(
by
some
of
his
Privy-Council
)
(
as
in
this
present
Parliament
was
done
by
the
Earl
of
Middleton
,
on
of
his
Majesty's
Principal
Secretaries
)
doth
name
a
discreet
and
learned
Man
,
whom
the
Commons
elect
;
for
without
their
Election
no
Speaker
can
be
appointed
for
them
,
because
he
is
their
Mouth
,
and
trusted
by
them
,
and
so
necessary
,
as
the
House
of
Commons
cannot
sit
without
him
:
So
that
if
he
be
totally
disabled
by
grievous
Sickness
,
another
must
be
chosen
in
his
place
,
as
he
instanceth
in
Sir
John
Cheney
,
1
H.
4.
and
Sir
John
Tirrel
,
Whether
the
two
Houses
sate
together
.
15
H.
6.
But
whereas
[
](A46988-e125770-b)(x)
(x)
4.
Instit.
c.
1.
sect.
2.
he
affirms
,
that
in
antient
time
the
two
Houses
sate
together
,
and
the
surest
mark
of
the
time
of
the
division
of
them
was
,
when
the
House
of
Commons
had
a
continual
Speaker
:
Mr.
Prynne
[
](A46988-e125810-b)(y)
(y)
P.
8
,
9.
in
his
Animadversions
hath
made
the
contrary
very
clear
by
several
Records
,
wherein
it
's
expresly
said
,
they
consulted
apart
;
as
particularly
in
6
E.
3.
[
](A46988-e125840-b)(z)
(z)
Et
les
Chivalers
des
Countez
,
&
Gents
du
Communs
,
par
eux
mesmes
.
Rot.
Parl.
6
E.
3.
num.
6.
at
York
,
the
Prelates
,
Earls
,
Barons
,
and
great
Men
by
themselves
,
and
the
Knights
of
the
Counties
,
and
the
People
of
the
Commons
by
themselves
,
treated
of
the
Business
propounded
to
them
.
Another
[
](A46988-e125870-b)(a)
(a)
Freeholders
Grand
Inquest
,
p.
19.
saith
,
That
if
Sir
Edward
means
the
Lords
and
Commons
did
sit
and
vote
together
in
one
Body
,
few
will
believe
it
;
because
the
Commons
never
were
wont
to
lose
,
or
forgo
any
of
their
Liberties
or
Priviledges
:
and
for
them
to
stand
now
bare
,
where
they
were
used
to
sit
and
vote
,
(
upon
this
Supposal
)
is
an
alteration
not
imaginable
to
be
indured
by
them
:
and
when
we
consider
the
sole
Power
of
Judicature
in
the
Lords
,
and
who
the
Burgesses
were
in
old
times
,
it
still
makes
it
more
improbable
,
and
it
is
to
me
a
very
remarkable
thing
,
that
neither
in
History
or
Record
,
any
thing
is
to
be
found
that
will
clear
this
doubt
.
However
it
is
certain
that
[
](A46988-e125900-b)(b)
(b)
Rot.
Parl.
50
E.
3.
num.
8.
50
,
and
51
E.
3.
the
Commons
had
a
Speaker
,
and
Sir
Edward
Coke
[
](A46988-e125960-b)(c)
(c)
Coke
Instit.
4.
p.
255.
saith
,
that
the
accustomed
[
](A46988-e125990-b)(d)
(d)
Ancient
Place
,
saith
Elsyng
,
p.
84.
place
of
that
thrice
worthy
Assembly
of
the
Knights
,
Citizens
and
Burgesses
of
Parliament
(
when
held
in
Westminster
)
was
in
the
Chapter-house
of
the
Abbat
of
Westminster
,
and
it
continued
so
till
the
Statute
of
1
Ed.
6.
c.
14.
which
gave
the
King
Colleges
,
free
Chappels
,
&c.
whereby
the
King
enjoyed
the
beautiful
free
Chappel
of
St.
Stephen
,
founded
by
King
Stephen
,
(
which
had
Lands
and
Revenues
of
the
old
yearly
value
of
1089
Pound
,
ten
Shillings
five
Pence
)
since
which
time
the
Chappel
thereof
hath
served
for
the
House
of
Commons
,
when
Parliaments
have
been
held
at
Westminster
.
As
Sir
Edward
Coke
(
because
he
believed
the
two
Houses
sate
together
)
will
not
allow
them
to
have
had
a
Speaker
before
50
E.
3.
so
on
the
other
hand
Mr.
[
](A46988-e126120-b)(e)
(e)
Id.
p.
123.
Elsyng
saith
,
That
the
Commons
ever
had
a
Speaker
,
none
will
doubt
,
for
their
Consultation
apart
from
the
Lords
;
though
,
he
thinks
,
they
often
met
,
and
did
sit
together
in
one
Room
,
and
then
a
Speaker
was
necessary
to
avoid
Confusion
of
Speech
and
Argument
.
But
he
brings
no
better
Argument
for
it
[
](A46988-e126150-b)(f)
(f)
Lib.
Sti.
Albani
Bibl.
Cotton
.
fol.
207.
than
that
Petrus
de
Mountfort
,
[
](A46988-e126180-b)(g)
(g)
It
should
be
42
H.
3.
That
Peter
Mountfort
was
not
Speaker
of
the
Commons
House
.
44
H.
3.
signed
the
Letter
to
Pope
Alexander
,
touching
the
recalling
of
Adomar
elect
Bishop
of
Winchester
from
Banishment
:
Wherein
they
say
,
if
the
King
,
and
the
Regni
Majores
hoc
volent
,
Communitas
tam●n
ipsius
,
in
Angliam
jam
nullatenus
sustineret
:
and
this
was
sealed
by
all
the
Lords
,
and
by
Peter
de
Mountford
vice
totius
Communitatis
;
which
,
he
saith
,
sheweth
plainly
they
had
a
Speaker
.
In
answer
to
which
,
I
suppose
it
a
great
mistake
to
say
that
Petrus
de
Mountfort
signed
the
Letter
vice
Communitatis
(
which
either
ignorantly
,
or
willfully
,
is
Printed
in
Mr.
Elsyng
,
Comitatus
)
for
[
](A46988-e126310-b)(h)
(h)
Additament
.
Math.
Paris
,
1132
,
1133.
Anno
Dom.
1258.
42
H.
3.
ult.
Edit.
Matthew
Paris
,
who
relates
the
whole
Story
,
saith
it
was
signed
by
ten
Persons
,
who
were
all
great
Barons
,
vice
totius
Communitatis
,
and
the
Preface
of
the
Letter
shews
it
was
Communitas
Comitum
,
Procerum
,
Magnatum
,
aliorumque
Regni
Angliae
:
and
this
aliorum
can
mean
only
the
Milites
,
which
held
by
Military
Service
of
the
great
Barons
,
and
the
lesser
Tenents
in
Capite
,
which
were
no
Representatives
of
the
Commons
,
as
our
Knights
,
Citizens
,
and
Burgesses
at
this
day
are
;
and
the
Inscription
of
the
Popes
Letter
shews
,
who
he
understood
this
Communitas
to
be
,
when
he
superscribes
it
dilectis
Filiis
Nobilibus
viris
,
Consiliariis
clarissimi
in
Christo
Filii
nostri
illustris
Regis
Angliae
,
ac
caeteris
Proceribus
&
Magnatibus
Regni
Angliae
.
Now
the
Persons
that
subscribed
this
,
are
thus
ranked
by
Matthew
Paris
,
R.
de
Clare
,
Gloverniae
&
Herefordiae
,
S.
de
Monteforti
Legriae
,
E.
Bigod
Marescallus
Angliae
,
H.
de
Bohun
Hertfordiae
,
&
Essex
,
W.
Albemarle
,
J.
de
Placeto
Warewici
Comitis
,
H.
Bigod
Justiciarius
Angliae
,
P.
de
Sabaudia
,
J.
Filius
Galfridi
,
Jacobus
de
Audel
,
&
Petrus
de
Monteforti
,
vice
totius
Communitatis
praesentibus
Literis
sigilla
nostra
apposuimus
in
Testimonium
praedictorum
.
So
that
it
is
plain
it
was
not
Peter
de
Montefort
that
signed
vice
Communitatis
,
but
they
all
did
it
,
and
he
was
a
great
Baron
himself
,
the
Head
of
whose
Barony
was
Beldesent
Castle
in
Warwickshire
.
I
think
it
not
amiss
here
to
offer
my
Opinion
concerning
this
Question
,
and
the
great
Controversie
betwixt
Dr.
Concerning
the
Commons
first
summoning
to
Parliament
.
Brady
and
Mr.
Petyt
,
and
those
that
are
so
earnest
to
find
the
Commons
summoned
to
Parliament
before
the
49
H.
3.
before
King
John
granted
his
Charter
(
wherein
he
grants
that
he
will
cause
to
be
summoned
the
Archbishops
,
Bishops
,
Abbats
,
Earls
and
greater
Barons
of
his
Kingdom
singly
by
his
Letters
,
and
besides
[
](A46988-e126550-b)(i)
(i)
Et
Praeterea
faciemus
submoneri
in
generali
per
Vi●ecomites
&
Ballivos
nostros
,
omnes
alios
qui
in
Capite
tenent
de
nobis
.
Matt.
Paris
fol.
216.
Edit.
ult.
num.
20.
will
cause
to
be
summoned
in
general
by
his
Sheriffs
,
The
Tenents
in
Capite
in
stead
of
the
Representative
Commons
,
as
now
.
and
Bayliffs
,
all
others
which
hold
of
him
in
Capite
at
a
certain
day
)
there
is
no
doubt
but
the
Tenents
in
Capite
(
such
of
them
at
least
as
were
eminent
for
Parts
,
or
as
the
King
pleased
)
were
summoned
to
the
great
Councils
;
and
it
being
in
that
Charter
said
,
that
the
cause
of
the
Meeting
should
be
expressed
in
the
Summons
,
and
that
Forty
days
warning
should
be
given
;
and
in
the
same
Charter
,
that
the
City
of
London
should
have
all
its
ancient
Liberties
and
free
Customs
,
and
that
all
other
Cities
,
Burghs
and
Villa's
(
which
was
of
the
same
import
as
a
Free
Burrough
,
as
we
find
in
Pontefract
,
which
is
always
stiled
Villa
,
Some
summoned
from
Cities
and
Burroughs
before
King
John's
time
,
but
not
as
our
Citizens
and
Burgesses
now
,
by
Representation
.
and
the
Inhabitants
Burgenses
,
who
held
a
certain
Land
called
Burgage
Land
)
and
the
Barons
of
the
Cinque
Ports
,
and
all
the
Ports
should
have
all
their
Liberties
and
their
Free
Customs
,
&
ad
habendum
commune
concilium
Regni
de
Auxiliis
,
&c.
that
is
as
I
suppose
,
to
have
some
of
their
Members
at
the
great
Councils
,
where
Aids
were
to
be
granted
to
the
King
,
other
ways
than
in
three
cases
before
excepted
,
that
is
,
to
redeem
the
Kings
body
,
to
make
his
Eldest
Son
a
Knight
,
and
to
marry
once
his
Eldest
Daughter
;
excepting
which
three
Particulars
(
reserved
before
)
in
his
Charter
,
he
had
granted
that
no
Scutage
nor
Aid
should
be
laid
on
his
Kingdom
unless
by
the
Common
Council
of
his
Kingdom
.
From
whence
I
think
may
be
inferred
,
that
such
Cities
,
Burroughs
and
Villa's
,
which
held
in
Capite
,
or
the
Lord
that
was
principal
owner
of
them
,
by
his
Praepositus
Ballivus
,
or
some
that
held
immediately
under
him
,
and
so
some
for
the
Dominicae
Civitates
&
Burgi
Regis
,
might
be
summoned
,
with
the
lesser
Barons
,
or
the
other
Tenents
inc
Capite
.
But
this
doth
not
prove
them
to
come
by
way
of
Representatives
,
nor
that
they
had
any
more
Power
than
the
Knights
,
Citizens
,
and
Burgesses
had
in
after-times
,
which
(
as
I
have
made
it
apparent
by
the
several
expressions
in
the
Summons
)
was
only
to
hear
,
and
assent
to
what
the
King
and
Magnates
ordained
.
Since
there
are
now
extant
no
Summons
in
King
John's
time
,
or
before
the
49
H.
3.
(
except
some
few
that
are
about
the
Tenents
in
Capite
aiding
the
King
in
his
Wars
)
the
subsequent
Practices
are
the
best
Expounders
of
ancient
Usages
.
Upon
the
whole
I
do
judge
,
that
before
King
John's
Charter
,
there
were
many
of
the
Tenents
in
Capite
summoned
to
the
great
Councils
,
but
so
as
the
King
had
his
liberty
to
summon
whom
he
pleased
;
and
that
some
from
Cities
,
Burghs
,
Villa's
and
other
Ports
did
come
to
the
great
Council
,
but
still
at
the
Kings
pleasure
,
and
that
in
King
John's
time
,
the
body
of
the
Kingdom
siding
with
the
Lords
(
that
so
often
rebelled
against
him
)
the
Lords
thinking
to
make
their
Party
stronger
,
got
the
Clause
for
other
Tenents
in
Capite
to
be
summoned
by
general
Summons
.
After
King
John's
Charter
,
the
Tenents
in
Capite
so
numerous
,
as
might
be
reputed
an
House
of
Commons
.
Now
whatever
number
were
convened
,
before
King
John's
Charter
,
this
general
Summons
must
greatly
encrease
the
House
of
Commons
,
as
I
may
call
it
;
and
there
needs
no
such
strife
about
the
want
of
Freemen
in
these
Councils
;
for
after
this
Charter
all
who
were
properly
Freemen
,
were
capable
,
the
other
were
generally
Tenents
to
them
,
and
Homagers
,
(
which
was
a
Tenure
that
though
it
might
free
their
Persons
,
yet
their
Lands
were
obnoxious
to
forfeiture
upon
every
breach
of
Homage
;
and
their
Lords
had
the
power
of
taxing
them
)
so
that
in
some
sense
they
were
their
Tenents
Representatives
:
and
as
long
as
they
were
Freeholders
themselves
,
and
were
a
more
numerous
body
(
if
they
all
appeared
,
as
for
any
thing
I
see
they
might
do
,
if
not
hindred
by
Impotence
,
Nonage
,
or
the
Kings
service
)
they
far
exceeded
the
number
of
Representatives
in
the
Reigns
of
King
H.
3.
E.
1.
and
E.
2.
So
that
it
amounts
to
the
same
thing
,
as
to
the
general
Freedom
of
the
Nation
,
when
all
these
were
Members
of
the
Great
Councils
,
Who
properly
Freeholders
in
K●
John's
time
.
whether
the
common
Freeholder
were
represented
or
not
,
as
now
(
which
Dr.
Brady
hath
so
nervously
confuted
every
where
in
his
Introduction
,
that
they
were
not
)
that
I
think
the
Freedom
Mr.
Petyt
,
Mr.
Pen
,
and
others
make
so
great
a
coyl
about
,
no
ways
impaired
by
Dr.
Brady
;
who
like
a
judicious
Person
,
would
have
us
use
propriety
of
Speech
,
and
rather
be
thankful
for
the
Freedom
we
now
enjoy
,
and
our
Ancestors
have
from
time
to
time
obtained
,
by
the
grant
of
Kings
,
than
to
make
such
Claims
to
native
Freedoms
and
Liberties
(
as
Mr.
Pen
would
have
it
,
that
our
Ancestors
contended
for
)
as
if
their
Ancestors
had
enjoyed
them
before
we
had
any
Kings
,
and
stipulated
with
their
Kings
for
them
,
before
they
admitted
them
to
Soveraignty
;
which
no
considering
person
that
will
impartially
read
ancient
History
,
either
of
our
Country
or
others
,
can
find
any
certain
footsteps
of
.
To
return
now
to
the
business
(
which
the
foregoing
observation
gives
some
light
to
)
I
conceive
as
the
Thegns
(
the
Kings
Prepositi
and
Reeves
,
As
the
Thegns
in
the
Saxon-times
,
so
the
Praepositi
,
Reeves
,
&c.
of
Burroughs
after
.
by
reason
of
their
Imployments
about
the
Kings
Demesn
Lands
,
governing
of
Burroughs
,
Stewards
of
Hundreds
,
Wapentakes
,
and
men
employed
in
other
civil
Affairs
of
the
Kingdom
)
did
meet
in
the
Saxon
Councils
:
so
from
Cities
and
Burroughs
,
where
great
Lords
had
Fees
(
as
most
,
if
not
all
of
them
may
be
easily
proved
to
have
been
held
immediately
of
the
King
,
or
of
some
of
the
very
great
Barons
)
there
might
come
before
King
John's
time
,
some
Members
to
the
great
Council
,
being
in
the
Charter
,
to
my
judgment
,
reckoned
as
one
of
their
Franchises
,
or
rather
something
exceeding
their
municipal
Liberties
and
Free
Customs
,
being
coupled
to
them
with
an
and
to
have
a
Priviledge
to
have
some
of
them
Members
of
the
great
Council
of
the
Kingdom
;
What
the
Tenents
in
Capite
were
summoned
for
.
for
so
I
think
the
words
&
ad
habendum
commune
Concilium
Regni
de
Auxiliis
must
be
understood
:
But
then
when
it
is
restricted
there
with
de
Auxiliis
only
;
it
may
very
well
give
a
ground
to
their
opinion
that
think
the
principal
use
was
to
proportion
the
Aid
or
Tax
,
and
assent
to
what
the
King
,
the
Bishops
,
Abbats
,
Priors
,
Earls
,
Barons
and
Peers
did
ordain
.
However
this
was
,
That
such
great
Numbers
sate
not
with
the
Lords
.
it
seems
clear
to
me
,
that
this
numerous
body
of
so
different
an
Order
from
the
Barons
majores
,
must
have
a
distinct
Place
for
consulting
apart
,
and
must
select
Committees
to
transact
with
the
King
and
Lords
,
and
must
for
order
sake
appoint
some
to
speak
for
them
,
what
they
petitioned
for
or
assented
to
,
and
could
not
constantly
sit
with
the
Prelates
and
Lords
;
and
do
rather
believe
that
the
Prelates
had
one
place
where
they
sate
,
and
the
Barons
another
,
and
these
Tenents
in
Capite
a
third
,
at
least
for
their
usual
Consultations
among
their
own
Order
,
and
met
in
the
public
place
when
there
was
occasion
,
or
might
have
access
by
Committees
:
which
certainly
was
the
practice
in
after-times
,
as
appears
in
that
Parliament
of
6
E.
3.
[
](A46988-e127190-b)(k)
(k)
Rot.
Parl.
6
E.
3.
num.
2.
Cest
assavoir
,
les
Prel●●z
par
eux
me●mes
,
&
les
ditz
Countes
,
Barouns
,
&
autres
Grantz
,
par
eux
mesmes
,
&
auxint
les
Chivalers
des
Countes
par
eux
mesmes
.
No
mention
of
Citizens
or
Burgesses
.
the
morrow
after
the
Nativity
of
our
Lady
,
the
King
requiring
the
advice
of
his
Parliament
,
touching
his
French
Affairs
,
and
Voyage
thither
.
It
is
said
they
thereupon
treated
and
deliberated
,
that
is
to
say
,
the
Prelates
by
themselves
,
and
the
said
Earls
,
Barons
and
other
great
men
by
themselves
,
and
also
the
Knights
of
the
Counties
by
themselves
,
and
then
gave
their
advice
.
From
whence
by
the
way
we
may
observe
the
true
ground
of
calling
our
Parliament
Houses
,
without
the
King
,
the
three
Estates
.
Having
dispatched
this
,
I
come
now
to
consider
the
Speakers
of
the
House
of
Commons
.
Hackwel
[
](A46988-e127270-b)(l)
(l)
Mod●●
tenendi
,
p.
200.
Method
of
Parl.
124.
The
first
Speaker
upon
Record
.
and
Elsyng
name
the
first
that
is
found
upon
Record
,
to
be
Sir
William
Trussel
13
E.
3.
Num.
9.
where
it
is
said
,
Les
Chivalers
des
Countes
&
les
Commons
responderent
per
Monsieur
William
Trussel
,
but
the
Record
names
him
not
Speaker
,
however
he
performed
that
Office
then
.
Hackwel
names
Scroope
before
him
6
E.
3.
and
Sir
Peter
de
la
Mare
after
him
;
but
the
first
that
Mr.
Elsyng
or
Mr.
Prynne
[
](A46988-e127400-b)(m)
(m)
Prynne's
Abridgment
,
p.
151.
finds
upon
Record
,
and
by
the
name
of
Speaker
,
is
Sir
Thomas
Hungerford
,
51
E.
3.
for
it
is
said
that
the
last
day
of
the
Parliament
,
he
declared
,
that
during
the
Parliament
he
had
generally
moved
the
King
to
pardon
all
such
as
were
in
the
last
Parliament
unjustly
convicted
:
which
imports
that
this
was
a
Petition
of
the
Commons
,
presented
by
him
their
Speaker
.
Anno
1
R.
2.
Sir
Peter
de
la
Mare
,
being
Speaker
,
made
his
Protestation
,
that
what
he
had
to
say
,
was
from
the
whole
House
,
therefore
required
if
he
should
speak
any
thing
haply
without
their
consents
,
that
the
same
ought
to
be
amended
before
his
departure
from
the
said
place
.
The
first
Petition
we
meet
with
,
that
a
Speaker
[
](A46988-e127500-b)(n)
(n)
Abridgment
of
Records
,
p.
174.
Petition
for
Freedom
of
Speech
.
made
to
the
King
from
the
Commons
,
was
2
R.
2.
by
Sir
James
Pickering
their
Speaker
,
that
if
he
should
speak
any
thing
that
haply
might
be
ill
taken
,
it
might
be
as
nothing
,
so
as
the
Commons
might
at
any
time
amend
the
same
,
and
the
like
he
petitioned
for
himself
:
which
is
the
first
Petition
as
to
Liberty
of
Speech
,
we
meet
with
.
The
first
Speaker
presented
to
the
King
in
full
[
](A46988-e127550-b)(o)
(o)
Id.
p.
360.
Parliament
by
the
Commons
,
20
Ric.
2.
was
Sir
John
Bushey
the
King
's
great
Favourite
.
In
this
Parliament
the
Houses
sate
together
in
a
long
[
](A46988-e127590-b)(p)
(p)
Hackwel
Mo●us
p.
202.
House
built
of
Timber
in
the
Palace-Yard
,
at
the
Impeachment
of
the
Duke
of
Gloucester
,
the
Earls
of
Arundel
and
Warwick
.
Sir
Arnold
Savage
was
Speaker
,
2
H.
4.
who
is
the
first
upon
Record
that
the
Commons
were
required
by
the
King
to
chuse
as
Speaker
;
and
he
was
again
in
5
H.
4.
who
desired
the
King
in
the
name
of
the
Commons
,
that
they
might
freely
make
complaint
of
any
thing
amiss
in
Government
;
which
was
yielded
to
by
the
King
.
Anno
7
H.
4.
Sir
John
Tiptost
was
chosen
Speaker
,
who
desired
to
be
discharged
,
because
of
his
Youth
;
but
he
was
allowed
:
he
forgot
to
make
the
usual
Protestation
,
but
came
up
the
next
day
,
and
made
it
with
this
Addition
,
[
](A46988-e127710-b)(q)
(q)
Rot.
Parl.
7
H.
4.
num.
6.
That
if
any
Writing
were
delivered
by
the
Commons
in
this
Parliament
,
and
they
should
desire
to
have
it
again
to
amend
any
thing
therein
,
it
might
be
restored
to
them
;
which
was
granted
.
While
he
was
Speaker
,
he
Signed
and
Sealed
the
Deeds
of
the
entailing
of
the
Crown
on
H.
4.
[
](A46988-e127760-b)(r)
(r)
7
H.
4.
with
these
words
,
Nomine
totius
Communitatis
.
He
was
a
Person
of
extraordinary
Parts
,
Son
of
John
Lord
Tiptost
,
and
for
all
the
Apology
for
his
young
Age
,
he
was
within
three
Years
after
made
Lord
Treasurer
of
Enggland
,
and
by
H.
6.
made
Marquess
of
Worcester
.
Anno
1
H.
5.
William
Sturton
Esquire
,
was
chosen
Speaker
,
who
without
the
assent
of
his
Companions
,
did
agree
before
the
King
to
deliver
in
Parliament
certain
Articles
;
but
three
days
after
the
Commons
sent
Sir
John
Doreword
[
](A46988-e127890-b)(r)
(r)
7
H.
4.
with
several
of
their
Members
to
the
House
of
Lords
,
to
declare
to
the
King
,
that
their
Speaker
had
no
Authority
from
them
to
yield
thereto
,
and
the
King
was
pleased
to
accept
of
it
.
There
are
three
Petitions
the
approved
Speaker
makes
to
the
King
:
First
,
That
the
Commons
may
have
freedom
of
Speech
,
as
of
[
](A46988-e127920-b)(s)
(s)
25
H.
1.
num.
10.
The
Speakers
of
latter
Times
express
the
particular
Privilege
of
Freedom
from
Arrest
.
right
and
custom
they
have
had
,
and
all
their
ancient
and
just
Privileges
and
Liberties
allowed
them
.
In
Sir
Thomas
Moor's
Speech
14
H.
8.
it
was
thus
worded
,
That
if
in
communication
and
reasoning
,
any
man
in
the
Commons
House
,
should
speak
more
largely
than
of
duty
they
ought
to
do
,
that
all
such
offences
should
be
pardoned
,
and
to
be
entred
upon
Record
;
which
was
granted
:
only
I
find
that
H.
4.
[
](A46988-e127980-b)(t)
(t)
Rot.
Parl.
H.
4.
num.
10.
said
that
the
hoped
,
or
doubted
not
,
that
the
Members
of
Parliament
would
not
speak
any
unfitting
thing
,
or
abuse
this
Freedom
and
Privilege
.
The
second
is
,
Sir
Tho.
Smith
saith
,
The
Speaker
used
to
add
a
Promise
in
the
Commons
Names
,
That
they
shall
not
abuse
these
Privileges
,
but
have
such
regard
,
as
most
faithful
,
true
,
and
loving
Subjects
ought
to
have
to
their
Prince
.
Commonwealth
,
p.
41.
That
if
he
shall
commit
any
Error
in
any
thing
he
shall
deliver
in
the
name
of
the
Commons
,
no
fault
may
be
imputed
to
the
Commons
,
and
that
he
may
resort
again
to
them
,
for
Declaration
of
his
good
Intent
,
and
that
his
Error
may
be
pardoned
.
The
third
is
,
That
as
often
as
necessity
for
his
Majesties
Service
,
and
the
good
of
the
Common-wealth
shall
require
,
he
may
by
direction
of
the
House
of
Commons
have
access
to
His
Majesty
.
SECT.
8.
Of
Priviledges
of
the
House
of
Commons
concerning
Liberty
of
Speech
.
HAving
thus
brought
this
Honourable
Assembly
together
,
and
their
Speaker
placed
in
his
Chair
,
I
shall
touch
something
of
their
Privileges
,
which
since
the
days
of
Sir
Edward
Coke
,
and
much
by
his
Influence
,
have
been
enlarged
beyond
what
was
used
in
antient
times
.
I
shall
begin
with
that
of
Freedom
of
Speech
in
their
Debates
.
It
cannot
be
conceived
in
so
great
a
Body
as
the
House
of
Commons
,
Why
Liberty
of
Speech
necessary
to
be
allowed
.
that
what
is
proposed
by
one
,
and
seconded
by
others
,
shall
not
admit
of
Debate
:
Though
all
may
aim
at
the
same
end
,
the
good
of
the
King
and
People
;
yet
they
may
differ
in
the
ways
and
methods
of
attaining
it
,
and
whoever
would
straighten
a
crooked
Rod
,
must
bend
it
as
far
on
the
contrary
side
.
I
doubt
not
but
the
nemine
contradicente
was
put
into
the
Printed
Votes
,
when
Mr.
Williams
had
the
Chair
,
rather
ad
faciendum
populum
,
than
that
there
was
such
an
Harmonious
Concurrence
,
as
then
was
blazed
abroad
.
Anno
4
[
](A46988-e128170-b)(u)
(u)
Stat.
4
H.
8.
c.
8.
Strowde's
Case
.
H.
8.
An
Act
was
made
concerning
Richard
Strowde
,
Esquire
,
which
declareth
that
all
Suits
,
Accusements
,
Condemnations
,
&c.
to
be
put
or
had
upon
any
Member
of
that
or
succeeding
Parliaments
,
for
any
Bill
,
speaking
,
reasoning
,
or
declaring
of
any
matter
or
matters
concerning
the
Parliament
,
to
be
communed
or
treated
of
,
be
utterly
void
and
of
none
effect
.
This
by
[
](A46988-e128250-b)(w)
(w)
Lords
Journal
.
the
Lords
,
11
Decemb.
1667.
was
declared
a
d●claratory
Law
of
the
antient
and
necessary
Rights
and
Priviledges
of
Parliament
,
and
so
the
Judgment
against
Denzil
,
late
Lord
Hollis
,
was
nulled
,
and
against
others
in
King
Charles
the
First
's
time
.
Yet
it
is
manifest
that
Queen
Elizabeth
in
two
Cases
shewed
how
far
,
even
motions
in
Parliament
,
contrary
to
her
Laws
,
Prerogative
,
and
Pleasure
expressed
,
were
to
be
treated
.
The
[
](A46988-e128320-b)(x)
(x)
Prynne's
Plea
for
the
Lords
.
Sir
Sym.
D'
Ewe's
Journ●l
.
How
Queen
Elizabeth
curbed
and
punished
those
that
made
Motions
in
the
House
contrary
to
her
Prohibitions
,
in
Mr.
Paul
and
Mr.
Pet.
Wentworth's
Case
.
first
was
a
motion
by
Mr.
Paul
Wentworth
,
23
Eliz.
for
a
publick
set
Fast
,
and
for
a
Preaching
every
Morning
at
Seven
of
the
Clock
,
before
the
House
sate
,
and
the
Preachers
to
be
appointed
by
the
Privy-Council
that
were
of
the
House
;
but
the
Queen
sent
them
a
Message
by
the
Vice-Chamberlain
,
that
she
had
in
great
admiration
,
the
rashness
of
the
House
,
in
committing
such
an
apparent
contempt
of
her
express
Command
,
and
to
put
in
Execution
such
an
Innovation
,
without
her
Privity
and
Pleasure
first
known
;
so
that
by
Mr.
Vice-Chamberlain
they
sent
their
Submission
to
her
.
Anno
35
Eliz.
Mr.
Peter
Wentworth
,
and
Sir
Henry
Bromley
delivered
a
Petition
to
the
Lord-Keeper
,
desiring
the
Lords
of
the
upper
House
to
be
suppliants
with
them
of
the
lower
House
to
her
Majesty
,
for
entailing
the
Succession
of
the
Crown
,
whereof
a
Bill
was
ready
drawn
by
them
.
The
Queen
was
highly
displeased
,
as
being
against
her
express
Order
,
and
charged
the
Lords
of
her
Council
to
call
the
parties
before
them
,
and
Mr.
Wentworth
was
by
them
committed
to
the
Tower
,
and
others
,
with
Sir
Hen.
Bromley
to
the
Fleet
;
the
Parliament
then
sitting
:
and
when
Mr.
Wroth
moved
,
That
the
House
might
be
humble
Suitors
to
the
Queen
for
their
Liberty
,
it
was
answered
by
the
Privy
Counsellors
in
the
House
,
that
the
causes
of
Commitment
were
best
known
to
her self
,
and
the
House
must
not
call
the
Queen
to
account
for
what
she
doth
of
her
Royal
Authority
;
for
her
Majesty
liked
no
such
Questions
,
neither
did
it
become
the
House
to
search
into
those
matters
.
So
Mr.
In
Mr.
Morrice's
Case
.
Morrice
Atturney
of
the
Court
of
Wards
,
was
taken
out
of
the
House
,
Feb.
28.
and
committed
to
Prison
,
for
delivering
in
a
Bill
against
the
abuses
of
the
Bishops
;
the
Queen
sending
for
Sir
Edward
Coke
then
Speaker
,
and
charging
him
upon
his
Allegeance
,
if
any
such
Bill
were
exhibited
,
not
to
read
it
.
At
another
time
,
long
before
this
,
she
told
the
Speaker
,
and
the
body
of
the
House
of
Commons
,
moving
her
to
Marriage
,
That
if
it
had
been
with
limitation
of
place
,
or
person
,
she
must
needs
have
misliked
it
,
and
thought
it
a
great
presumption
in
those
to
take
it
upon
them
to
bind
and
limit
,
whose
duty
it
was
to
Obey
.
King
Charles
the
First
was
very
infortunate
to
have
so
many
Firebrands
in
some
,
if
not
all
,
of
his
Parliaments
;
Liberty
of
Speech
in
King
Charles
the
First
's
time
abused
.
which
if
the
rest
of
the
Houses
had
been
pleased
to
have
extinguished
by
timely
and
nipping
reprehensions
,
we
had
never
seen
the
Government
of
Church
and
State
so
reduced
into
Ashes
,
that
there
was
nothing
remained
of
the
beautiful
Pile
.
In
some
of
his
Speeches
he
calls
those
evil
Members
,
Vipers
;
but
it
was
his
misfortune
to
anger
and
exasperate
them
rather
than
suppress
them
;
so
that
at
last
,
they
stung
him
to
Death
.
It
is
a
very
ill
condition
,
when
a
Prince
hath
such
Wolves
by
the
Ears
,
that
he
is
in
danger
whether
he
hold
them
or
let
them
go
.
The
Attacque
upon
the
five
Members
,
and
letting
fall
the
pursuit
,
was
one
of
the
false
thrusts
that
left
him
unguarded
.
In
the
Close
of
one
of
the
Parliaments
of
Queen
Elizabeth
,
the
[
](A46988-e128600-b)(y)
(y)
MS.
Speeches
,
13
Eliz.
1571.
Queen
Elizabeth's
Reprehension
of
some
Members
,
for
moving
things
she
had
forbid
.
Chancellor
tells
them
,
There
be
certain
of
the
House
of
Commons
(
though
not
many
)
who
have
shewed
themselves
Audacious
,
Arrogant
and
Presumptuous
,
calling
her
Majesties
Grants
,
and
Prerogatives
into
question
,
contrary
to
the
express
admonition
given
in
her
Majesties
name
in
the
beginning
of
the
Parliament
,
which
it
might
very
well
have
become
them
to
have
regard
to
;
but
her
Majesty
saith
,
That
seeing
they
thus
willfully
forget
themselves
,
they
are
otherwise
to
be
remembred
.
Indeed
there
seems
good
reason
,
that
such
,
who
make
advantage
of
their
being
Members
of
Parliament
,
to
sow
their
Seditious
Discourses
;
and
under
the
Protection
of
being
Members
,
take
the
boldness
to
calumniate
the
Government
,
and
raise
Jealousies
betwixt
the
King
and
his
People
,
to
alienate
their
Affections
,
and
Allegeance
from
him
,
after
the
expiration
of
their
Protection
(
if
the
House
will
not
call
them
to
an
account
)
should
not
only
lose
the
Favour
of
their
Prince
,
but
should
be
punished
for
Sedition
as
far
as
by
Law
is
allowed
,
as
well
as
they
are
liable
to
other
proceedings
in
Law
.
It
becomes
therefore
all
lovers
of
the
excellent
Constitution
of
Parliaments
to
be
very
wary
in
this
point
,
lest
,
as
Mr.
Justice
Hutton
said
in
another
Case
,
Things
being
carried
disastrously
by
some
Members
Ambition
,
may
bring
such
a
distast
against
the
course
of
Parliaments
,
as
we
,
and
all
that
love
the
Commonwealth
,
have
just
cause
to
be
sorry
for
it
.
SECT.
9.
Of
the
Privilege
from
Arrests
.
ALthough
the
Speakers
formerly
petitioned
only
,
That
all
their
Ancient
,
and
Just
Privileges
,
and
Liberties
be
allowed
them
;
yet
we
[
](A46988-e128700-b)(z)
(z)
Hackwell
.
Catal.
213
,
215.
Elsyng
,
p.
137
,
138.
This
Privilege
petitioned
for
by
the
Speaker
.
find
that
Sir
Tho.
Gargrave
,
Sir
Tho.
Richardson
,
Sir
Thomas
Crew
,
Sir
Heneage
Finch
,
and
all
later
Speakers
have
expressed
this
Privilege
particularly
,
that
for
better
attending
the
Publick
and
Importunate
Service
of
the
House
,
themselves
,
and
their
necessary
Attendants
,
may
be
free
both
in
Person
and
Goods
from
all
Arrests
and
trouble
,
according
to
our
Ancient
Priviledges
and
Immunities
,
which
Sir
Tho.
Gargrave
1
Eliz.
is
said
first
to
make
the
first
of
any
.
This
indeed
is
one
of
the
ancientest
Privileges
the
House
of
Commons
may
claim
,
and
Mr.
Prynne
labours
to
prove
it
the
only
Privilege
properly
so
to
be
called
,
and
Sir
Edward
[
](A46988-e128820-b)(a)
(a)
4.
Instit.
p.
24.
Coke
mentions
no
other
.
The
first
thing
that
appears
upon
Record
,
is
,
the
Petition
of
[
](A46988-e128860-b)(b)
(b)
Petitiones
coram
Domino
Rege
ad
Parliam
.
&c.
18
E.
1.
Rot.
7.
Thesaur
.
Recept
.
S●accarii
.
The
first
Grant
of
Freedom
from
Arrest
.
the
Master
of
the
Temple
,
in
which
he
desires
,
Quod
habeat
licentiam
distringendi
tempore
Parliamenti
;
to
which
the
King
answers
thus
,
Non
videtur
honestum
quod
Rex
concedat
quod
illi
de
Concilio
suo
distringantur
tempore
Parliamenti
,
set
alio
tempore
distringat
per
hostia
&
fenestras
,
ut
moris
est
;
that
is
,
The
Master
petitions
,
that
he
may
have
power
to
distrein
for
Rent
in
time
of
Parliament
;
to
which
the
King
answers
,
That
it
seems
not
honest
,
that
the
King
should
grant
,
that
they
of
his
Council
should
be
distrained
in
time
of
Parliament
,
but
that
he
may
distrain
at
another
time
by
the
Door
and
Windows
,
as
the
Custom
was
.
Mr.
[
](A46988-e128940-b)(c)
(c)
P.
478.
ad
483.625
.
to
699.817
.
to
869.989.1213
.
to
1220.
How
Mr.
Prynne
qualifies
this
Privilege
.
Prynne
in
his
Fourth
Part
of
his
brief
Register
would
have
the
Privilege
to
be
Personal
,
and
so
to
necessary
Servants
attending
,
and
but
to
take
place
the
first
day
he
is
a
Member
,
after
he
hath
taken
the
Oath
,
and
not
to
extend
to
Chancery
Suits
,
and
I
know
not
how
many
diminutions
of
this
Privilege
;
so
I
shall
only
recommend
the
Inquisitive
Reader
to
his
Collections
,
and
for
the
full
enumeration
of
all
Cases
that
have
been
determined
by
the
House
of
Commons
,
to
[
](A46988-e129020-b)(d)
(d)
Memorial
,
p.
88.
ad
116.
Mr.
Hackwel
,
who
hath
collected
all
Modern
Precedents
;
it
being
a
Book
very
useful
to
understand
the
modern
usage
of
the
House
of
Commons
in
passing
Bills
,
and
other
necessary
points
,
that
such
as
are
not
versed
in
the
practice
of
,
may
find
very
beneficial
to
them
;
and
shall
add
upon
this
Head
,
the
Summary
of
King
Edward
the
Second's
Writ
to
the
Sheriff
of
Yorkshire
,
to
take
Pledges
of
Walter
Fleming
of
York
,
and
three
others
,
to
appear
the
next
Easter
Term
,
to
show
why
they
Arrested
the
Prior
Malton
,
returning
from
the
Parliament
at
Lincoln
to
his
Priory
,
How
the
King
is
obliged
to
protect
the
Members
from
Arrests
.
whenas
the
King
ought
to
protect
and
defend
the
Members
of
Parliament
in
their
coming
to
,
staying
there
,
and
returning
from
the
Parliament
;
the
words
are
,
Cum
ad
Parliamenta
in
quibus
tam
nostri
,
quam
Regni
nostri
negotia
debent
pertractari
,
Praelatos
,
Comites
,
Barones
,
&
alios
tam
Clericos
quam
Laicos
,
per
quorum
industriam
super
negotio
hujusmodi
,
Consilium
salubrius
poterit
adhiberi
,
ad
mandata
nostra
vocatos
,
&
comparentes
,
in
veniendo
ad
eadem
Parliamenta
,
ibidem
morando
,
&
exinde
redeundo
,
ab
omnimodis
inju●iis
,
oppressionibus
&
gravaminibus
nos
oportet
protegere
&
tueri
.
How
grounded
upon
Edward
the
Confessor's
Law
.
This
Privilege
seems
to
be
grounded
upon
King
[
](A46988-e129180-b)(e)
(e)
Hoveden
.
Annal.
pars
poster
.
p.
601.
Lambard
.
Archaion
.
Spelman
.
Conc.
tom.
1.
p.
689.
Edward
the
Confessor's
Laws
,
properly
applicable
to
Liberty
,
to
attend
Divine
Worship
,
Synods
,
and
Chapter-meetings
:
the
words
are
,
Si
quispiam
devote
ad
celebrationem
Sancti
,
pacem
habeat
eundo
,
subsistendo
,
redeundo
,
item
omnibus
ad
Ecclesiam
causa
Orationis
euntibus
,
pax
in
eundo
,
&
redeundo
sit
eis
;
similiter
ad
Synodum
,
ad
Capitula
venientibus
.
The
curious
may
see
more
in
the
Leges
Saxonicae
,
Sect.
9.
and
in
Frederick
[
](A46988-e129260-b)(f)
(f)
Cod.
ex
Legum
Antiq.
p.
475.
Lindebrogus
.
It
is
to
be
noted
,
that
this
,
as
all
other
Privileges
,
in
from
the
Kings
Grant
,
Fol.
60.
This
Privilege
of
the
King's
Grant
.
as
Dyer
is
express
in
his
Argument
on
this
Case
,
That
the
person
of
every
such
Member
ought
to
be
privileged
from
Arrest
at
the
Suit
of
any
private
Person
during
the
time
that
he
is
busied
about
the
Affairs
of
the
King
and
the
Realm
;
and
this
[
](A46988-e129330-b)(g)
(g)
Et
ti●l
Privilege
ad
estre
touts
foits
grant
per
le
Roy
,
a
ses
Commoners
,
al
Request
del
Prolocutor
del
Parlement
,
le
primer
jour
.
Privilege
is
always
granted
by
the
King
to
his
Commons
at
the
Request
of
the
Speaker
of
Parliament
the
first
day
;
and
those
that
had
the
benefit
of
this
Privilege
,
obtained
it
by
a
Writ
of
Privilege
issuing
out
of
Chancery
;
but
of
late
,
it
is
done
by
the
Houses
verbal
Order
,
Serjeant
or
Mace
,
without
any
Writ
of
Privilege
,
Habeas
Corpus
,
previous
complaint
,
Petition
to
,
or
Order
from
the
King
and
Lords
,
as
in
former
times
;
against
which
usage
Mr.
Prynne
makes
loud
Complaints
.
The
first
Precedent
Mr.
Prynne
or
others
can
discover
,
being
that
of
Mr.
Ferrers
recited
at
large
in
[
](A46988-e129390-b)(h)
(h)
Hist.
p.
1584.33
H.
8.
Mr.
Ferrers
Case
the
first
,
when
the
Commons
had
liberty
to
punish
the
Breakers
of
this
Privilege
.
Holingshed
,
which
in
short
is
this
:
Mr.
George
Ferrers
being
the
Kings
Servant
and
Burgess
for
Plymouth
,
was
Arrested
by
a
Process
out
of
the
Kings
Bench
,
carried
to
the
Counter
:
Byorder
of
the
House
the
Serjeant
of
the
Parliament
was
sent
to
demand
delivery
,
but
was
forceably
resisted
,
and
the
Crown
of
the
Mace
of
Arms
was
beaten
off
in
defending
the
Serjeant
.
This
being
declared
to
the
House
(
of
whom
there
were
not
a
few
,
as
well
of
the
Kings
Privy
Council
,
as
also
of
his
Privy
Chamber
)
they
would
sit
no
longer
without
their
Burgess
,
but
retired
to
the
Upper
House
,
where
the
whole
Case
was
declared
by
Sir
Thomas
Moile
their
Speaker
,
before
Sir
Thomas
Audley
Lord
Chancellor
;
and
all
the
Lords
and
Judges
there
assembled
,
judging
the
contempt
to
be
very
great
,
referred
the
punishment
thereof
to
the
Order
of
the
Commons
House
.
The
Lord
Chancellor
offered
to
grant
them
a
Writ
to
the
Sheriffs
of
London
to
require
delivery
;
which
the
House
refused
,
being
clear
in
opinion
,
that
all
Commandments
,
and
other
Acts
proceeding
from
the
nether
House
were
to
be
done
and
executed
by
their
Serjeant
,
without
Writ
,
only
by
shew
of
his
Mace
which
was
his
Warrant
.
The
House
applying
it self
to
the
Lords
,
(
who
were
,
saith
Mr.
Prynne
,
[
](A46988-e129510-b)(i)
(i)
Brief
Register
,
part
4.
p.
860.
the
ancient
proper
Judges
of
the
Violations
and
Violators
of
the
Commons
Privileges
)
was
the
right
Parliamentary
way
for
their
Members
Release
;
and
if
they
had
applied
themselves
to
them
at
first
,
they
had
prevented
all
Affronts
to
[
](A46988-e129540-b)(k)
(k)
Id.
p.
862
,
863.
themselves
and
Officers
,
and
met
with
no
opposition
.
And
Mr.
Prynne
humbly
apprehends
that
this
Precedent
will
not
warrant
an
absolute
Jurisdiction
in
the
House
of
Commons
without
any
antecedent
Complaint
or
[
](A46988-e129570-b)(l)
(l)
See
Freeholders
Grand
Inquest
,
from
p.
50.
to
64.
Petition
to
the
King
or
Lords
in
Parliament
,
to
punish
any
breach
of
their
Members
Privileges
,
not
first
complained
of
to
,
Application
to
be
made
to
the
King
and
Lords
,
for
punishment
of
Violators
of
this
Privilege
.
and
adjudged
by
the
King
or
Lords
to
be
an
actual
breach
,
or
referred
to
themselves
by
the
Lords
or
King
,
to
punish
,
or
without
their
subsequent
Ratification
;
or
that
it
will
justifie
the
Enlargement
of
any
of
their
Members
or
menial
Servants
out
of
Execution
by
their
Mace
alone
,
without
an
Habeas
Corpus
,
Writ
of
Privilege
,
or
special
Act
of
Parliament
,
or
matter
of
Record
for
the
Sheriff
or
Officers
Indemnity
against
Actions
of
Escape
,
or
for
the
Plaintiffs
relief
to
recover
his
Debt
by
a
second
Execution
:
for
the
proof
of
all
this
I
must
refer
the
inquisitive
Reader
to
Mr.
Prynne's
[
](A46988-e129630-b)(m)
(m)
Sect.
10.
a
p.
622.
ad
870.
Fourth
Part
of
his
Brief
Register
,
wherein
he
hath
largely
examined
most
of
the
then
claimed
Privileges
of
the
House
of
Commons
,
and
disallows
of
them
,
when
not
judged
by
the
King
and
Lords
.
In
which
Controversie
I
shall
not
presume
to
write
any
thing
,
because
it
will
be
more
pleasant
and
satisfactory
to
have
recourse
to
himself
.
SECT.
10.
Concerning
Regulating
Elections
.
THE
first
thing
I
find
concerning
new
Elections
,
in
the
place
of
Absents
and
Defaulters
,
is
in
the
5
E.
2.
Cl.
5
E.
2.
m.
26.
dorso
.
as
I
have
touched
before
;
divers
Knights
,
Citizens
and
Burgesses
departing
from
the
Parliament
,
the
King
thereupon
issued
out
Writs
to
several
Sheriffs
,
to
summon
them
to
return
to
the
Parliament
,
Vel
alios
,
ad
hoc
idoneos
,
loco
ipsorum
,
s●
ad
hoc
v●care
non
possunt
,
eligere
.
or
to
chuse
other
fit
persons
in
their
places
,
if
they
cannot
be
at
leisure
to
come
up
.
The
Commons
in
this
Age
medled
not
with
the
re-summoning
,
or
causing
new
ones
to
be
Elected
,
in
the
rooms
of
those
that
could
not
come
.
I
have
before
instanced
in
several
Summons
,
The
King
anciently
only
ordered
new
Elections
.
wherein
the
Kings
ordain
the
Sheriffs
to
re-summon
the
Members
of
former
Parliaments
,
or
others
,
for
those
who
were
dead
,
or
unable
,
and
sometimes
but
one
of
those
:
By
which
it
appears
,
that
in
those
days
the
King
solely
Authorized
new
Elections
,
where
any
were
dead
or
disabled
.
The
first
Petition
against
an
undue
Election
,
First
Petition
against
undue
Elections
.
Prynne
's
Brevia
Parl.
r●●iviva
,
p.
286.
A
nos●re
tres
excell●nt
,
&
tres
gracious
Seignior
,
nostre
Seignior
le
Roy
,
&
les
●res
nobles
Seigniors
,
&
S●ges
Comuns
,
&c.
pleignont
les
Major
,
&c.
that
I
have
met
with
,
is
Anno
7
R.
2.
from
the
Mayor
,
Bailiffs
,
and
Commons
of
Shaftsbury
:
To
our
thrice
Excellent
and
thrice
Gracious
Lord
,
our
Lord
the
King
,
and
the
thrice
noble
Lords
,
and
sage
Commons
of
this
present
Parliament
,
That
whereas
they
had
chosen
Walter
Henly
,
and
Thomas
Steward
,
the
Sheriff
of
Dorsetshire
,
for
the
last
had
returned
Thomas
Camel
,
to
the
great
dammage
of
our
Lord
the
King
,
and
contrary
to
the
Will
of
the
Mayor
,
&c.
So
that
here
the
Complaint
is
to
the
King
,
the
Lords
,
and
Commons
jointly
,
and
the
name
of
this
Camel
is
not
endorsed
returned
in
the
Writ
,
but
the
other
two
.
In
all
the
Statutes
made
for
regulating
Elections
,
they
run
,
See
Freeholders
Grand
Inquest
,
p.
15
,
16.
The
King
willeth
and
commandeth
,
5
Ric.
2.
c.
4.
Our
Lord
the
King
at
the
grievous
complaint
of
the
Commons
,
hath
ordained
,
7
H.
4.
c.
15.
and
so
,
Our
Lord
the
King
ordained
,
11
H.
4.
c.
1.5
H.
5.
and
such
like
in
all
the
Statutes
to
8
H.
6.
So
in
the
Statute
,
5
R.
2.
Par.
2.
c.
4.
All
Persons
which
shall
from
henceforth
receive
the
Summons
of
Parliament
,
Prynne's
Plea
for
Lords
,
p.
393.
and
come
not
at
the
said
Summons
(
except
he
may
reasonably
and
honestly
excuse
himself
to
our
Soveraign
Lord
the
King
)
shall
be
amerced
,
and
otherwise
punished
,
as
of
old
time
,
&c.
So
that
here
the
Excuse
is
to
be
made
to
the
King
;
so
that
it
was
not
then
in
use
for
the
Commons
to
fine
and
tax
their
Members
.
In
the
Parliament
holden
at
Westminster
,
5
H.
4.
Id.
391.
Rot.
Parl.
5
H.
4.
num.
38.
because
.
the
Writ
of
Summons
of
Parliament
,
returned
by
the
Sheriff
of
Rutland
,
was
not
sufficiently
or
duly
returned
,
as
the
Commons
conceived
,
the
said
Commons
prayed
our
Lord
the
King
,
The
Commons
petition
the
King
and
Lords
to
examine
and
order
undue
Returns
.
and
the
Lords
in
Parliament
,
that
this
matter
may
be
duly
examined
in
Parliament
,
&c.
Whereupon
our
Lord
the
King
in
full
Parliament
commanded
the
Lords
in
Parliament
to
examine
the
said
matter
,
and
to
do
thereupon
as
to
them
should
seem
best
in
their
Discretions
.
So
the
Lords
called
before
them
the
Sheriffs
,
and
Parties
,
and
it
was
agreed
by
the
said
Lords
,
that
the
Sheriff
should
amend
his
Return
,
and
the
Sheriff
for
his
default
should
be
discharged
of
his
Office
,
and
committed
Prisoner
to
the
Fleet
,
and
make
Fine
and
Ransom
at
the
King's
pleasure
.
Upon
this
and
other
Precedents
Mr.
Id.
p.
364
,
365.
Mr.
Prynne's
Opinion
.
Prynne
saith
,
That
no
Statute
doth
give
the
Commons
House
the
least
Power
or
Authority
to
judg
or
determine
the
Legality
or
Illegality
of
any
Elections
,
but
leaves
this
to
the
King
and
Lords
to
redress
,
as
at
first
before
their
making
,
and
gives
the
Knights
duly
chosen
,
but
not
returned
,
a
hundred
Pound
Damages
against
the
Sheriffs
,
and
Citizens
and
Burgesses
forty
Pound
against
Mayors
and
Bailiffs
,
who
make
false
Returns
,
by
way
of
Action
of
Debt
in
the
Kings
Courts
at
Westminster
,
or
in
the
Star-Chamber
,
when
in
being
,
or
before
the
King
,
Lords
,
and
Council
,
as
in
Bronker's
case
,
Dyer
,
fol.
113
,
168.
Plowden
,
fol.
118.
to
131.
Old
Book
of
Entries
,
fol.
446
,
447.
Trin.
1
Eliz.
not
in
the
Commons
House
,
as
the
Statutes
and
Precedents
in
the
Law-Books
resolve
.
So
that
he
saith
,
how
the
Commons
are
now
become
sole
Judges
of
all
false
Returns
,
and
Elections
,
and
that
perlegem
&
consuetudinem
Parliamenti
,
against
all
these
Acts
and
Precedents
,
let
Sir
Edward
Coke
and
others
resolve
him
,
and
the
Intelligent
when
they
are
able
;
for
late
and
arbitrary
Priviledges
are
of
no
value
,
but
ancient
usage
,
and
Law
of
our
Parliaments
,
and
solid
Reason
,
which
cannot
be
produced
to
justify
these
late
Innovations
and
Extravagances
.
The
Statute
of
8
H.
6.
Rot.
Parl.
8
H.
6.
num.
391.
Petitions
from
the
Commons
to
the
King
and
Lords
,
about
Elections
.
to
prevent
Tumults
,
Uproars
,
and
Disorders
in
the
Elections
,
is
grounded
upon
a
Petition
from
the
Commons
,
that
the
King
by
advice
and
assent
of
the
Lords
Spiritual
and
Temporal
,
would
seclude
all
but
Freeholders
of
forty
Shillings
a
Year
Lands
above
all
Reprizals
:
which
was
more
than
forty
Pound
a
Year
now
,
being
the
twentieth
part
of
a
Knights
Fee
.
In
18
H.
6.
Rot.
Parl.
18
H.
6.
m.
13.
num.
18.
it
was
shewed
to
the
King
and
the
Lords
Spiritual
and
Temporal
,
That
Gilbert
Hore
,
Sheriff
of
the
County
of
Cambridge
,
made
no
Return
of
Knights
upon
the
King
's
Writ
:
Whereupon
the
King
,
by
Advice
and
Assent
of
the
Lord
Spiritual
and
Temporal
,
ordered
a
new
Writ
.
So
that
then
there
were
no
other
but
the
King
that
had
the
Power
to
cause
new
Elections
,
with
Advice
and
Consent
of
the
Lords
;
and
so
the
King
issued
out
new
Writs
.
Anno
29
H.
6.
Nicholas
Stynecle
Knight
,
Richard
Bevel
,
&c.
and
other
notable
Esquires
,
Gentlemen
,
and
other
Men
holding
Fees
,
who
may
expend
40
s.
per
Annum
,
beyond
Reprizes
,
chose
Robert
Stonham
and
John
Stynecle
,
notable
Esquires
.
To
this
is
annexed
a
Petition
to
the
King
our
Gracious
and
Sovereign
Lord
,
Petition
of
Subjects
to
the
King
about
Elections
.
signed
by
140
Gentlemen
and
Freeholders
,
in
behalf
of
those
against
one
Henry
Gimber
,
who
was
not
of
Gentile
Birth
,
chosen
by
the
number
of
70.
and
the
Under-Sheriff
countenanced
him
and
his
Party
,
and
would
not
suffer
these
140
to
be
examined
about
their
Estates
,
and
give
Voice
,
thoue
he
might
clearly
yarely
expend
20
Mark
,
without
that
we
should
have
offended
the
Peace
of
Yow
,
our
most
doutye
Soveraign
Lord
,
and
so
we
departed
,
for
dread
of
the
said
Inconveniences
,
that
was
likely
to
be
done
of
Manslaughter
;
and
what
the
Sheriff
will
return
in
this
behalf
we
can
have
no
notice
.
For
which
Causes
,
we
your
true
humble
Suggets
and
Liegemen
,
in
our
most
lowly
Wise
,
beseeching
you
our
most
douty
Sovereign
Lord
and
King
,
these
Premisses
may
be
considered
for
Your
most
Aid
,
and
our
Freedom
;
that
the
said
Sheriff
may
be
by
Your
great
Highness
streightly
charged
to
return
the
said
Robert
Stoneham
,
&c.
Thus
far
the
Petition
.
From
this
memorable
Petition
Mr.
Prynne
makes
many
observations
;
the
principal
of
which
are
,
that
the
King
himself
was
to
redress
and
rectify
all
false
and
undue
Returns
.
Secondly
,
That
this
is
the
only
clear
Declaration
and
Record
,
he
hath
met
with
,
complaining
against
a
Sheriff
giving
of
an
Oath
,
A
Sheriffs
denying
the
Poll
,
petitioned
against
.
and
Poll
to
some
Freeholders
,
and
denying
it
to
others
.
Thirdly
,
That
when
legal
Electors
cannot
be
sworn
or
polled
,
without
breach
of
the
Peace
,
or
Manslaughter
;
they
may
justly
depart
,
and
ought
to
make
such
a
complaint
and
declaration
,
under
their
hands
and
Seals
.
Fourthly
,
That
Ignoble
persons
,
who
are
not
of
Gentile
birth
,
ought
not
to
be
elected
Knights
of
Shires
.
Whoever
desires
to
peruse
more
concerning
the
ancient
usage
in
Elections
,
may
peruse
Mr.
Prynne's
Plea
for
the
Lords
,
from
page
371.
to
416.
his
Second
Part
of
Brief
Register
,
p.
118
,
119
,
139
,
140.
and
several
other
places
.
I
shall
only
add
what
Queen
Eliz.
Freeholders
Grand
Inquest
,
p.
60.
D'
Ewes's
Journal
,
fol.
393.
18
Regni
said
in
this
case
,
That
she
was
sorry
the
Commons
medled
with
chusing
and
returning
Knights
of
the
Shire
for
Norfolk
(
it
is
to
be
presumed
,
the
like
she
might
have
said
of
any
other
County
,
if
there
had
been
occasion
)
a
thing
impertinent
for
the
House
to
deal
with
,
and
only
belonging
to
the
Office
and
Charge
of
the
Lord
Chancellor
;
from
whom
the
Writs
issue
,
and
are
returned
.
Having
thus
given
a
brief
account
of
the
ancient
Usage
,
I
come
to
the
modern
way
,
which
,
according
to
Mr.
Hackwell
,
Memorials
,
c.
6.
p.
20.
The
modern
Use
of
Regulating
Elections
.
is
that
a
general
order
hath
usually
been
made
in
the
beginning
of
the
Session
,
to
Authorize
the
Speaker
to
give
Warrant
for
new
Writs
,
in
case
of
Death
of
any
Member
;
or
of
double
Returns
,
where
the
Party
makes
his
choice
openly
in
the
House
,
during
that
Session
,
as
it
was
ordered
in
the
beginning
of
the
Parliament
,
18
,
and
21
Jacobi
primi
:
and
where
such
general
Order
is
not
made
,
Writs
have
issued
by
Warrant
of
the
Speaker
,
by
Vertue
of
special
Order
,
upon
motion
in
the
House
;
and
this
Warrant
is
to
be
directed
to
the
Clerk
of
the
Crown
in
Chancery
,
by
order
of
Parliament
,
13
Nov.
1601.
The
Committee
of
Privileges
,
24
March
,
21
Jacobi
making
their
Report
,
a
question
was
put
,
Whether
Sir
Thomas
Holland
,
and
Sir
John
Corbet
,
were
well
elected
Knights
for
Norfolk
;
the
House
were
divided
,
and
it
was
over-ruled
by
the
House
,
that
the
No's
should
go
forth
.
So
that
now
the
House
of
Commons
are
the
sole
Judges
of
the
validity
or
invalidity
of
Elections
;
and
I
suppose
the
King
and
Lords
,
judging
the
House
the
competentest
Persons
to
make
enquiry
,
and
being
willing
to
be
eased
of
the
trouble
of
such
Matters
as
relate
only
to
the
Members
of
the
House
of
Commons
,
have
rather
by
connivence
,
than
by
any
positive
Ordinance
in
the
House
of
Lords
,
dismissed
this
to
the
House
of
Commons
:
against
which
,
Mr.
Prynne
sadly
complains
,
Plea
for
the
Lords
,
p.
413.
saying
,
That
since
the
Committees
of
Privileges
have
interposed
in
them
,
their
Proceedings
have
been
very
irregular
,
and
illegal
,
in
respect
all
the
Witnesses
they
examine
touching
them
,
are
unsworn
,
and
give
their
Testimonies
without
Oath
,
upon
which
they
ground
their
Vote
;
and
for
the
most
part
very
partially
,
for
which
cause
it
is
usually
stiled
the
Committee
of
Affection
.
In
35
Eliz.
Sir
Simon
D'
Ewes's
Journal
,
p.
494.
In
Queen
Elizabeth's
time
Application
made
to
the
Chancellor
or
L.
Keeper
.
Sir
Edward
Coke
being
then
Speaker
,
he
was
ordered
to
attend
the
Lord
Keeper
,
to
move
his
Lordship
to
direct
a
new
Writ
for
chusing
a
Burgess
for
Southwark
,
instead
of
Richard
Hutton
,
supposed
to
be
unduly
elected
,
and
another
for
allowing
Sir
George
Carew
,
who
was
duly
elected
,
but
not
returned
to
be
Burgess
of
Gamelsford
in
Cornwal
,
and
a
third
for
changing
the
name
of
John
Dudley
,
returned
Burgess
for
New
Town
in
the
County
of
Southampton
,
into
the
name
of
Thomas
Dudley
,
the
Christened
Name
being
mistaken
:
But
the
L.
Keeper
would
allow
no
alteration
,
but
in
that
of
Dudley
.
Which
makes
some
observe
,
Lawyer
out-lawed
,
p.
12.
That
if
the
House
of
Commons
had
then
known
they
had
any
Power
to
mend
the
said
Returns
,
or
punish
the
Offenders
;
or
Sir
Edward
Coke
had
known
it
had
been
Law
,
he
had
never
been
sent
on
that
Message
.
So
that
what
Authority
the
House
hath
,
it
hath
accrued
since
.
SECT.
11.
Concerning
the
House
of
Commons
Censuring
,
Imprisoning
,
and
Expelling
their
own
Members
.
AS
to
the
Commons
Imprisoning
and
Punishing
their
own
Members
,
The
Reasons
for
this
Privilege
.
for
words
by
them
spoken
,
or
Misdemeanors
committed
in
the
House
,
there
may
be
some
reason
for
it
:
First
,
Stat.
4.
H.
8.
c.
8.
Coke
4.
Instit.
p.
25.
31
H.
6.
c.
26
,
27.
because
by
Law
they
are
not
Punishable
elsewhere
,
for
any
rash
,
indeliberate
,
and
inordinate
Speeches
in
Parliament
,
which
do
not
amount
to
Treason
,
Felony
,
or
Breach
of
the
Peace
;
which
it
is
supposed
none
in
that
rightly
constituted
House
will
protect
,
though
done
in
the
House
of
Commons
,
begun
in
1641.
Secondly
,
It
is
to
be
supposed
that
the
Members
upon
their
entring
into
that
House
,
unanimously
agree
for
order
sake
,
that
the
lesser
number
should
always
submit
to
the
greater
.
So
by
such
Consent
and
original
Compact
,
every
single
Member
submitting
himself
to
the
rest
,
he
hath
no
such
reason
to
complain
,
although
they
had
no
such
Authority
;
for
scienti
&
volenti
non
fit
Injuria
;
provided
that
they
exceed
not
the
common
Rules
of
Justice
,
nor
the
Bounds
of
Established
Laws
:
for
then
no
private
Act
can
bind
a
Subject
,
though
made
with
his
own
free
Consent
,
as
appears
in
Clark's
Case
against
the
Mayor
and
Burgesses
of
St.
Albans
.
Coke
,
lib.
5.
p.
64.
The
first
Precedent
I
find
that
any
Member
of
the
House
of
Commons
was
complained
,
and
Petitioned
against
for
Misdemeanors
,
and
put
to
answer
before
the
King
and
Lords
in
Parliament
,
Rot.
Parl.
16.
R.
2.
num.
6.
and
there
judged
,
and
fined
,
was
16
R.
2.
the
Wednesday
after
the
Parliament
began
;
when
Sir
Philip
Courtney
,
Members
of
the
House
of
Commons
punished
for
Misdemeanour
by
the
King
and
Lords
.
returned
one
of
the
Knights
for
Devonshire
,
came
before
the
King
in
full
Parliament
,
and
said
that
he
understood
how
certain
people
had
accused
,
and
slandered
him
to
the
King
and
Lords
;
therefore
prayed
to
be
discharged
of
the
said
Imployment
,
until
the
accusations
,
&c.
were
tryed
:
and
because
his
said
Prayer
seemed
honest
to
the
King
and
the
Lords
,
the
King
granted
him
his
Request
,
and
discharged
him
in
full
Parliament
;
Exact
Abridgment
,
p.
417.
and
the
Monday
following
,
at
the
Instance
and
Prayer
of
the
Commons
,
the
King
granted
that
he
should
be
restored
,
and
remitted
to
his
Place
.
In
the
Parliament
,
4
H.
4.
the
accusations
against
him
being
re-inforced
,
the
King
and
Lords
adjudged
,
that
he
should
be
bound
to
his
good
Behaviour
,
and
committed
to
the
Tower
for
his
Contempt
.
By
which
,
saith
Mr.
Prynne
,
it
appears
,
Plea
for
the
Lords
,
p.
386
,
387.
That
only
the
King
and
Lords
in
full
Parliament
can
suspend
or
discharge
any
Knights
or
Commoners
sitting
in
Parliament
,
and
have
Power
of
restoring
and
re-admitting
a
suspended
Member
of
the
Commons
House
:
and
he
answers
the
Precedents
that
Sir
Edward
Coke
brings
,
4
Instit.
p.
23
,
and
3
Inst.
p.
22.
Vide
pag.
296
,
297
,
299
,
344
,
371
,
372
,
373.
and
many
others
which
would
be
tedious
here
to
insert
.
The
first
Precedent
he
finds
,
The
first
Precedent
of
the
House
of
Commons
secluding
their
Members
.
that
the
Commons
began
to
seclude
one
another
,
upon
Pretence
of
undue
Elections
,
and
Returns
,
was
in
Queen
Elizabeth's
time
,
when
Thomas
Lucy
,
8
Eliz.
was
removed
out
of
the
House
for
giving
four
Pound
to
the
Mayor
of
Westbury
to
be
chosen
a
Burgess
,
and
the
Mayor
fined
and
imprisoned
;
and
23
Eliz.
Mr.
A.
H●ll
for
publishing
the
Conferences
of
the
House
,
and
writing
a
Book
to
the
dishonour
of
the
House
,
was
committed
to
the
Tower
for
six
Months
,
and
fined
five
hundred
Mark
,
and
expelled
the
House
;
and
in
King
Charles
the
First
's
time
,
this
Power
over
their
Fellow-Members
was
greatly
improved
;
in
which
how
far
Mr.
Prynne
then
concurred
I
know
not
,
but
after
he
was
secluded
,
he
every
where
writes
with
great
earnestness
against
this
usage
;
but
whether
with
Judgment
,
Law
,
and
Reason
,
I
shall
leave
others
to
judge
,
only
I
think
fit
to
insert
some
of
his
Invectives
against
the
Proceedings
of
that
unparallell'd
house
of
Commons
.
First
,
he
saith
,
There
can
be
no
legal
Trial
or
Judgment
given
in
Parliament
,
in
Criminal
Causes
or
others
,
Id.
p.
309.
Mr.
Prynne's
Reasons
against
this
Usage
.
without
Examination
of
Witnesses
upon
Oath
,
as
in
all
other
Courts
of
Justice
,
which
the
House
of
Commons
cannot
do
.
Littleton
,
sect.
212.
Coke
,
ibid.
Secondly
,
That
it
is
a
Rule
,
both
of
Law
and
Justice
,
That
no
Man
can
be
an
Informer
,
Prosecutor
,
and
Judge
too
,
of
the
persons
prosecuted
and
informed
against
:
the
Commons
being
in
the
nature
of
the
Grand
Inquest
,
Coke
4.
Inst.
p.
24.
being
summoned
from
all
parts
of
the
Kingdom
,
to
present
Publick
Grievances
,
and
Delinquents
to
the
King
and
Peers
for
their
Redress
.
Plea
for
the
Lords
,
p.
373.
Thirdly
,
That
all
the
objected
Precedents
are
of
very
puny
date
within
time
of
memory
,
therefore
unable
to
create
a
Law
,
or
Custom
of
Parliament
,
or
any
right
of
sole
Judicature
in
the
House
of
Commons
.
Fourthly
,
Id.
p.
387.
That
all
these
Precedents
were
made
by
the
Commons
themselves
,
unfit
Judges
in
their
own
Cases
,
much
less
over
one
another
,
being
all
of
equal
Authority
:
so
that
,
in
his
opinion
,
they
could
no
more
expel
or
eject
any
of
their
Members
by
their
own
Authority
,
without
the
King
and
Lords
concurrent
consent
,
See
Legal
Vindication
,
p.
10.
than
one
Justice
of
Peace
,
Committeeman
,
or
Militia-man
can
unjustice
,
or
remove
another
;
since
par
in
parem
non
habet
potestatem
,
neither
in
Ecclesiastical
,
Civil
,
Id.
p.
373.
Military
or
Domestick
Affairs
.
Fifthly
,
That
they
are
all
against
Law
,
because
coram
non
Judice
;
he
having
throughout
the
whole
Discourse
,
endeavoured
to
prove
,
That
the
Commons
have
no
right
or
power
of
Judicature
,
much
less
of
sole
Judicature
in
our
Parliaments
,
but
only
the
King
and
Lords
.
Sixthly
,
That
these
Precedents
are
but
few
,
never
judicially
argued
,
and
rather
connived
at
,
than
approved
by
the
King
and
Lords
,
taken
up
with
other
more
publick
business
;
therefore
passing
sub
silentio
,
they
can
make
no
Law
or
Right
,
as
is
resolved
in
Long
,
5
E.
4.
fol.
110.
Cook's
four
Rep.
fol.
93
,
94.
Slade's
Case
,
and
six
Rep.
fol.
75.
Drurie's
Case
.
Seventhly
,
In
the
long
Parliament
of
King
Charles
the
First
,
they
began
to
seclude
Projectors
,
Exact
Collections
of
Ordinances
,
p.
541.
to
558.
Monopolists
,
&c.
though
duly
elected
;
then
suspended
and
ejected
such
who
were
Royalists
,
and
adhered
to
the
King
;
then
they
proceeded
to
imprison
and
eject
those
Members
,
Plea
for
the
Lords
,
p.
414
,
415.
How
the
House
of
Commons
of
the
Parliament
1641.
seduded
their
Members
,
till
there
were
not
above
70
left
.
whom
the
Army-Officers
impeached
or
disliked
,
as
a
corrupt
Party
,
or
corrupt
Majority
:
and
so
fifty
or
sixty
,
by
the
power
of
the
Army
,
secured
,
secluded
,
and
expelled
near
400
Members
;
and
made
themselves
the
Commons
House
,
without
them
,
and
so
proceeded
to
vote
down
,
and
seclude
both
King
and
House
of
Lords
,
and
voted
themselves
to
be
the
Parliament
of
England
,
and
sole
Legislators
,
and
Supream
Authority
of
the
Nation
.
The
consequences
of
all
which
are
too
well
known
to
the
whole
Kingdom
,
whose
Calamity
of
Civil
War
,
and
all
the
unspeakable
Tragedies
of
it
,
flowed
from
the
packing
of
Members
in
the
Commons
House
,
and
the
Assistance
the
People
(
relying
upon
their
Sageness
,
and
Authority
)
afforded
them
.
How
this
revived
against
Abhorrers
.
We
had
of
later
Years
a
fresh
revival
of
the
same
method
in
the
House
of
Commons
,
expelling
those
they
called
Abhorrers
:
which
is
so
well
known
,
that
I
need
say
nothing
of
it
;
yet
I
would
recommend
to
all
interessed
Persons
,
the
perusal
of
two
Treatises
,
which
though
they
pass
for
Pamphlets
,
yet
have
been
writ
by
Judicious
Authors
,
and
those
are
,
The
Lawyer
outlawed
,
and
the
Three
parts
of
the
Addresses
,
which
are
Books
very
fit
for
Gentlemen
to
peruse
.
How
full
and
unquestioned
a
power
the
Commons
have
to
represent
Grievances
to
the
King
,
and
petition
for
Redress
;
The
unquestioned
Rights
of
the
Commons
.
to
impeach
any
Person
of
the
highest
Quality
that
is
a
Subject
,
for
Treason
,
or
high
Misdemeanors
;
to
have
the
sole
Power
in
having
all
Bills
,
for
Subsidies
,
Aids
and
Supplies
,
to
begin
,
and
,
I
think
,
be
perfected
in
their
House
;
and
the
Privileges
they
petition
for
by
their
Speaker
]
are
so
well
known
,
that
they
need
no
Discourse
upon
.
But
I
find
several
Judicious
Persons
will
not
allow
the
House
of
Commons
to
be
a
Court
;
which
Sir
Edward
Coke
affirms
,
4.
Instit.
p.
28.
Whether
the
House
of
Commons
be
properly
a
Court.
and
uses
this
only
one
Argument
for
it
,
Because
it
is
not
Prorogued
or
Adjourned
,
by
the
Prorogation
or
Adjournment
of
the
Lords
House
;
but
the
Speaker
upon
signification
of
the
Kings
Pleasure
,
by
the
Assent
of
the
House
of
Commons
,
doth
say
,
This
Court
doth
Prorogue
or
Adjourn
it self
.
But
to
this
it
is
answered
,
Lawyer
outlawed
.
p.
18.
That
if
this
were
sufficient
to
denominate
a
Court
,
every
Committee
of
Lords
and
Commons
,
though
never
so
few
in
number
,
must
upon
this
account
be
a
distinct
Court
;
because
they
may
thus
adjourn
and
prorogue
themselves
without
their
respective
Houses
.
In
another
place
,
4.
Instit.
p.
23.
the
same
Chief
Justice
offers
to
prove
the
House
of
Commons
not
only
a
Court
,
but
a
Court
of
Judicature
and
Record
;
for
that
the
Clerks
Book
of
the
House
of
Commons
is
a
Record
,
and
so
declared
by
Act
of
Parliament
6
H.
8.
c.
16.
But
this
House
had
no
such
Book
as
a
Journal
,
much
less
any
Authentick
Record
,
When
the
House
of
Commons
had
a
Journal
first
.
before
the
first
Year
of
Ed.
the
Sixth
;
all
their
material
proceedings
till
then
,
being
drawn
in
Minutes
,
by
a
Clerk
appointed
to
attend
them
,
for
that
purpose
;
and
by
him
entred
of
Record
in
the
House
of
Lords
.
Therefore
the
Words
of
the
Statute
are
,
That
the
Speakers
Licence
for
Members
going
into
the
Country
,
be
entred
of
Record
,
in
the
Book
of
the
Clerk
of
the
Parliament
,
appointed
for
the
Commons
House
:
and
this
Journal
is
rather
a
Register
of
what
passeth
,
than
such
a
Record
as
denotes
a
Court
of
Judicature
,
as
the
Author
of
The
Lawyer
outlawed
endeavours
to
prove
;
P.
17
,
18
,
19.
Plowd
.
Com.
fol.
319.
Coke
1.
Inst.
fol.
260.
because
there
is
no
Court
but
what
is
established
by
the
Kings
Patent
,
by
Act
of
Parliament
,
or
by
the
Common
Law
,
i.
e.
the
constant
immemorial
Custom
of
former
Ages
:
for
by
that
the
House
of
Lords
is
the
sole
supream
Court
of
Judicature
;
it
having
never
been
heard
of
before
Sir
Edward
Coke's
fancy
,
That
there
were
two
distinct
Courts
in
the
same
Parliament
.
Also
there
is
no
Court
without
a
power
of
tryal
;
but
the
House
of
Commons
have
no
power
to
try
any
Crime
or
Offence
,
because
they
cannot
examine
upon
Oath
:
and
there
can
be
no
legal
Tryal
without
Witnesses
,
nor
are
any
Witnesses
of
any
force
in
Law
,
unless
examined
upon
Oath
.
But
I
shall
not
enter
into
these
Controversies
,
Some
Observations
on
the
Privileges
of
the
House
of
Commons
in
general
.
but
shall
now
lay
down
some
general
Observations
and
Rules
,
which
Judicious
Persons
have
noted
as
worthy
the
consideration
of
the
Honourable
House
in
point
of
their
claims
of
Privileges
and
Judicature
.
First
,
King
James
the
First
in
his
Declaration
,
touching
his
proceedings
in
Parliament
,
1621.
resolves
,
That
most
Privileges
of
Parliament
grew
from
Precedents
,
which
rather
shew
a
Toleration
than
an
Inheritance
:
therefore
he
could
not
allow
of
the
Stile
;
calling
it
their
Ancient
and
undoubted
Right
and
inheritance
;
but
could
rather
have
wished
,
that
they
had
said
,
All
Privileges
from
the
Crown
.
Their
Privileges
were
derived
from
the
Grace
and
permission
of
his
Ancestors
and
him
;
and
thereupon
concludes
,
That
he
cannot
with
patience
endure
his
Subjects
to
use
such
Antimonarchical
Words
,
concerning
their
Liberties
,
except
they
had
subjoyned
,
That
they
were
granted
unto
them
by
the
Grace
and
Favour
of
his
Predecessors
:
yet
he
promiseth
to
be
carefull
of
whatsoever
Privileges
they
enjoy
by
long
Custom
,
and
uncontrolled
and
lawful
Precedents
.
Secondly
,
C.
29.
None
to
be
punished
but
by
Legal
Trial.
It
is
to
be
considered
,
That
by
the
Great
Charter
it
is
declared
,
That
no
Freeman
shall
be
taken
,
or
imprisoned
,
or
diseised
of
his
Freehold
,
or
Liberties
,
or
his
Free
Customs
,
or
be
Outlawed
,
or
Exiled
,
or
in
any
manner
destroyed
,
but
by
the
lawful
Judgment
of
his
Peers
,
or
by
the
Law
of
the
Land
.
Stat.
28
E.
3.
c.
3.
So
28
E.
3.
it
is
Enacted
,
That
no
Man
,
of
what
estate
or
condition
he
be
,
shall
be
put
out
of
his
Land
,
or
Tenements
,
nor
taken
,
nor
imprisoned
,
nor
dis-inherited
,
nor
put
to
death
without
being
brought
to
answer
by
due
Process
of
Law
.
So
42
E.
3.
c.
3.
it
is
assented
and
accorded
for
the
good
Government
of
the
Commons
,
that
no
Man
be
put
to
answer
without
presentment
before
Justices
,
or
matter
of
Record
,
or
by
due
course
of
Law
,
or
Writ
Original
,
according
to
the
Old
Laws
of
the
Land
.
Nulla
Curia
quae
Recordum
non
habet
,
potest
imponere
finem
,
neque
aliquem
mandare
carceri
,
quia
isla
tantummodo
spectant
ad
Curias
de
Recordo
.
Mar.
Sess.
3.
So
Sir
Edward
Coke
saith
,
Courts
which
are
not
of
Record
,
cannot
impose
a
Fine
,
or
commit
any
to
Prison
,
because
these
only
belong
to
Courts
of
Record
;
for
which
see
Beecher's
Case
,
fol.
60.
120.
Bonham's
Case
,
and
lib.
11
fol.
43.
Godfrey's
Case
:
So
in
the
First
Parliament
of
Q.
Mary
it
is
declared
,
That
the
most
Ancient
Statutes
of
this
Kingdom
do
give
,
assign
,
and
appoint
,
the
correction
and
punishment
of
all
Offenders
against
the
Regality
and
Dignity
of
the
Crown
,
and
the
Laws
of
this
Realm
,
unto
the
King
;
which
manifests
,
P.
23
that
all
such
things
are
to
be
tried
in
his
Courts
.
So
that
surely
the
Commons
Privileges
must
be
included
;
for
to
trouble
any
(
saith
the
Author
of
The
Lawyer
outlawed
)
that
doth
not
offend
against
the
Crown
,
or
Laws
of
the
Land
,
is
very
Illegal
and
Arbitrary
,
Id.
p.
16.
and
an
high
breach
of
the
Liberty
of
the
Subject
.
It
would
therefore
be
considered
,
how
improbable
it
is
,
that
after
our
Ancestors
have
struggled
for
many
Ages
,
Infoeliciter
aegrotat
,
cui
plus
mali
venit
a
Medico
quam
a
Morbo
.
to
preserve
themselves
and
posterity
,
from
the
unbounded
Rule
of
Arbitrary
Pleasure
;
and
having
obtained
that
from
their
Soveraigns
,
in
so
much
,
that
they
can
neither
be
fined
or
imprisoned
by
their
Soveraign
(
unless
for
transgressing
some
known
Penal
Law
of
the
Land
)
should
leave
any
Arbitrariness
in
the
House
of
Commons
,
who
are
but
the
Peoples
honourable
Deputies
,
Trustees
,
and
Atturneys
.
Thirdly
,
The
Law
hath
provided
where
the
Breach
of
the
greatest
Privileges
are
to
be
tried
.
It
is
to
be
considered
that
the
Law
hath
expresly
provided
,
where
and
how
Breaches
of
Privilege
ought
to
be
punished
,
5
H.
4.
c.
6.
and
11
H.
6.
c.
11.
about
any
Assault
upon
a
Parliament
man
,
or
his
menial
Servant
,
to
be
in
the
Kings
Bench.
Since
therefore
such
Assaults
are
far
more
Criminal
than
Arrests
of
them
,
or
words
spoken
against
them
,
or
inferiour
misdemeanours
(
to
argue
a
majori
ad
minus
)
it
should
seem
rational
that
in
the
Courts
of
Justice
(
being
open
to
redress
all
sorts
of
Illegalities
)
matters
should
be
rather
tryed
,
than
that
persons
should
be
punished
by
Imprisonments
of
the
House
of
Commons
alone
.
For
if
this
Arbitrariness
were
allowed
,
it
would
argue
a
great
defect
in
our
Laws
,
that
they
are
not
the
entire
Rule
of
the
Subjects
Civil
Obedience
;
and
if
the
ordinary
Courts
of
Justice
can
try
the
greater
,
they
may
certainly
try
the
lesser
Crime
,
as
they
have
done
in
the
Case
of
Done
against
Welsh
,
River
against
Cosyn
,
Shewish
against
Trewynnard
.
Mich.
12.
E.
4.
Rot.
20.
Excheq
.
Hil.
14.
E.
4.
Rot.
7.
Dyer
,
fol.
59.
But
I
have
sufficiently
shewed
before
,
that
in
old
time
the
determination
and
knowledge
of
the
Privileges
did
belong
to
the
Lords
.
How
agreeable
these
ways
of
Proceedings
were
to
the
Usage
of
the
House
of
Commons
in
1640.
and
1680.
The
Proceeding
of
the
Houses
in
Anno
1640.
and
1680.
are
fresh
in
every
ones
memory
,
when
not
only
they
ejected
and
imprisoned
their
own
Members
,
but
by
Messengers
sent
for
several
Gentlemen
,
and
others
,
no
Members
,
for
acting
according
to
the
known
Laws
,
and
King's
Proclamations
;
and
often
for
Persons
having
spoke
angrily
or
slightingly
of
some
Member
,
as
in
the
Case
of
Abhorrers
.
It
is
to
be
hoped
those
very
Gentlemen
now
wish
it
might
be
forgot
,
as
I
hope
it
will
never
be
put
in
practice
again
;
when
,
after
a
chargeable
sending
for
up
by
the
terrible
Messengers
,
after
being
detained
in
Custody
during
the
Pleasure
of
the
House
,
and
brought
to
receive
their
Sentence
on
their
Knees
at
the
House
of
Commons
Bar
,
they
were
dismissed
:
So
that
I
knew
one
who
principally
to
avoid
the
Charge
(
his
Crime
being
for
speaking
Words
against
a
Member
,
in
his
Cups
)
was
forced
,
upon
notice
of
the
Messenger
's
coming
for
him
,
to
fly
into
Ireland
.
Fourthly
,
That
the
Law
and
Custom
of
Parliament
may
be
declared
.
It
is
worthy
great
Consideration
by
all
the
Members
of
the
Honourable
House
of
Commons
,
that
it
is
an
undoubted
Maxim
both
in
Law
and
Reason
,
and
is
necessary
to
the
Obligation
of
all
positive
Constitutions
,
That
they
should
be
published
in
express
Words
:
The
immediate
Laws
,
even
of
God
Almighty
,
in
the
Opinion
of
Learned
Men
,
being
not
obligatory
where
they
were
never
promulged
.
Now
since
it
hath
not
been
hitherto
published
to
the
People
,
what
this
Lex
&
Consuetudo
Parliamenti
is
,
4.
Inst
it
.
p.
15.
Illa
lex
ab
omnibus
quarenda
,
a
multis
ignorata
,
a
paucis
cognita
.
Fleta
,
l.
2.
c.
2.
(
which
Sir
Edward
Coke
saith
out
of
Fleta
,
is
to
be
enquired
into
of
all
,
is
understood
by
many
,
and
known
to
few
)
it
would
not
only
be
obliging
,
but
most
necessary
,
that
the
Honourable
House
would
give
a
true
and
full
Description
of
this
Law
and
Custom
of
Parliament
,
and
an
exact
Account
of
their
Privileges
,
that
People
might
in
some
measure
,
for
the
future
,
shun
those
dangerous
Rocks
,
and
not
be
surprized
or
shipwrack'd
on
such
hidden
Shelfs
.
I
shall
close
this
long
Chapter
(
wherein
,
according
to
my
Talent
,
I
have
endeavoured
to
comprise
what
hath
been
voluminously
treated
of
by
all
the
Authors
I
am
furnished
withal
,
and
digested
things
into
an
easie
Method
)
with
some
Assertions
of
Mr.
Prynne
,
whose
Writings
in
this
Particular
are
better
esteemed
than
many
others
.
He
saith
,
Brief
Register
,
part
4.
p.
685.
Mr.
Prynne's
Opinion
concerning
the
great
Privilege
the
Commons
.
The
Parliament
being
the
Supremest
Court
of
Law
and
Justice
,
ought
to
proceed
legally
,
according
to
the
Course
of
Law
,
and
not
to
enlarge
or
extend
the
Privileges
of
Parliament
beyond
their
Ancient
,
Just
,
and
Legal
Bounds
,
nor
alter
the
Law
therein
by
their
absolute
Power
:
Much
more
ought
the
House
of
Commons
themselves
to
follow
their
Precedent
,
and
not
to
extend
their
old
,
or
vote
up
new
Privilege
,
to
the
delay
,
Ibid.
p.
1210.
retarding
,
or
deluding
of
Common
Right
and
Justice
.
Therefore
he
condemns
the
writing
of
Letters
by
the
Speaker
,
18
Jacobi
1.
14
Feb.
18
Jac.
fol.
24.
b.
to
stay
a
Tryal
betwixt
Sir
William
Coxe
and
Mr.
Humphrey
Aylworth
;
as
likewise
in
other
Cases
,
the
same
Year
,
Ibid.
fol.
51.
b.
&
fol.
137.
3
March
,
and
20
April
:
which
,
he
saith
,
is
diametrically
opposite
to
the
Judges
Oath
,
and
against
the
Great
Charter
,
which
saith
,
See
Stat.
2
E.
3.
c.
6.
14
E.
3.
c.
14.20
E.
3.
c.
1
,
2.
Nulli
negabimus
,
nulli
differemus
Justitiam
&
Rectum
:
To
which
I
may
add
the
Hardship
used
to
Mr.
Sherridon
,
Lawyer
outlawed
,
p.
28.
who
being
in
the
Custody
of
the
Serjeant
at
Arms
,
the
Warrant
of
Commitment
being
during
the
Pleasure
of
the
House
of
Commons
,
Mr.
Sherridon's
Case
,
who
was
denied
the
Benefit
of
the
Habeas
Corpus
Act.
without
any
Cause
shown
;
now
the
Habeas
Corpus
Act
is
express
,
That
all
Persons
are
Bailable
,
by
what
Person
soever
committed
,
not
excepting
the
King
and
Council
,
much
less
the
House
of
Commons
,
unless
for
Treason
or
Felony
:
One
of
the
Judges
made
application
to
the
House
of
Commons
,
to
know
whether
he
might
grant
the
Writ
of
Habeas
Corpus
to
him
.
The
Debate
lasted
three
days
,
by
reason
of
the
Difficulty
of
the
Cause
:
For
if
they
openly
declared
against
the
Habeas
Corpus
,
the
Nation
would
be
much
alarm'd
,
and
suspect
these
Gentlemen
,
instead
of
securing
,
intended
to
invade
the
Subjects
Liberties
;
but
if
they
allowed
the
Writ
,
the
delicious
Power
of
Imprisoning
such
as
they
had
a
Pique
to
,
was
utterly
lost
,
and
all
Persons
referred
to
the
ordinary
Courts
of
Justice
,
or
,
upon
their
failure
,
to
the
House
of
Lords
,
Sir
William
Jones
against
any
ones
Release
by
Habeas
Corpus
,
if
they
were
imprisoned
by
the
House
of
Commons
.
the
Supreme
Tribunal
of
England
.
Sir
William
Jones
insisted
much
upon
the
Power
of
the
House
,
and
that
they
did
not
intend
by
that
Act
to
bind
themselves
,
(
which
yet
must
bind
the
King
)
though
it
might
as
well
be
alledged
,
That
he
did
not
intend
to
bind
himself
by
it
.
However
,
Sir
William
persisted
,
urging
,
See
Debates
of
the
House
,
p.
217.
That
whatever
Reasons
may
be
given
for
discharging
such
as
are
not
committed
for
Breach
of
Privilege
,
(
if
grounded
on
the
Act
for
the
Habeas
Corpus
)
will
hold
as
strong
for
discharging
of
Persons
for
Breach
of
Privilege
,
and
so
consequently
deprive
the
House
of
all
its
Power
and
Dignity
,
and
so
make
it
insignificant
;
and
said
,
That
was
so
plain
and
obvious
,
that
all
the
Judges
ought
to
take
notice
of
it
:
and
so
judged
it
below
the
House
to
make
any
Resolution
therein
,
but
rather
to
leave
the
Judges
to
do
otherwise
at
their
peril
,
and
let
the
Debate
fall
without
any
Question
.
But
Baron
Weston
had
the
Courage
to
grant
the
Habeas
Corpus
,
Baron
Weston
grants
the
Habeas
Corpus
.
as
rather
willing
to
expose
himself
to
the
Displeasure
of
the
House
,
than
deny
or
delay
Justice
contrary
to
his
Oath
.
I
could
not
omit
this
remarkable
Passage
,
as
a
Specimen
of
the
Arbitrariness
of
the
Leading
Party
in
that
House
;
Brief
Register
,
part
4.
p.
846.
and
now
shall
proceed
to
Mr.
Prynne's
Remarks
upon
the
Proceedings
of
the
long
House
of
Commons
.
He
observes
,
Privilegia
omnino
amittere
meretur
qui
sibi
abutitur
concessa
penestate
.
Ejus
est
interpretari
cujus
concedere
.
Summa
Rosella
.
Privilegium
3.
That
Privileges
may
be
lost
by
the
abuse
of
the
Power
;
and
that
whatever
Privilege
the
House
hath
,
is
from
the
King's
Grant
,
or
Toleration
.
Therefore
,
according
to
the
Canonists
Rule
,
If
the
Privilege
granted
be
expressed
in
general
,
dubious
,
or
obscure
Words
,
then
it
is
in
the
power
of
him
to
interpret
,
who
hath
the
power
to
grant
.
Now
the
Petition
of
the
Speaker
is
,
That
the
Commons
in
this
Parliament
may
,
and
shall
have
all
their
Ancient
and
Just
Privileges
allowed
them
.
Therefore
the
King
,
Nemini
liceat
Chartas
Regias
nisi
ipsis
Regibus
judicare
.
Placita
Parl.
18
E.
1.
num.
19.
p.
20.
being
the
sole
Granter
of
these
Privileges
,
must
be
the
only
proper
Interpreter
and
Judge
of
them
,
as
he
is
of
all
his
other
Charters
of
Privileges
,
Liberties
,
Franchises
,
and
Acts
of
Parliament
themselves
,
after
his
Regal
Assent
thereto
;
not
the
Commons
,
or
Persons
to
whom
they
are
granted
;
and
that
both
in
and
out
of
Parliament
,
by
Advice
of
his
Nobles
,
or
Judges
of
the
Common-Law
.
Therefore
he
saith
,
first
,
How
the
Breach
of
Privilege
to
be
punished
,
according
to
Mr.
Prynne
.
See
the
Authority
,
Brief
Regist.
part
2.
p.
847.
That
if
the
Commons
by
Petition
to
the
King
and
Lords
in
Parliament
,
complain
of
the
Breach
of
their
ancient
Privileges
and
Liberties
,
as
they
ever
did
in
the
Cases
of
Lark
,
Thorp
,
Hyde
,
Clerk
,
Atwyll
,
and
others
;
the
King
,
by
Advice
of
his
Lords
in
Parliament
,
assisted
with
his
Judges
,
hath
been
,
and
(
as
he
humbly
conceives
)
is
the
sole
proper
Judge
of
them
and
their
violations
;
not
the
Commons
,
who
being
Parties
,
Prosecutors
,
and
Complainants
,
are
no
legal
indifferent
Judges
in
their
own
or
Menial
Servants
cases
,
if
they
will
avoid
partiality
,
which
is
the
reason
the
Law
allows
Challenges
to
Jurors
in
Civil
and
Criminal
causes
.
Therefore
he
observes
,
Ibid.
p.
1206.
that
the
House
of
Commons
,
taking
Informations
without
Oath
,
may
be
easilier
abused
by
misinformation
,
and
sometimes
thereby
are
put
upon
over
hasty
Votes
,
which
,
upon
finding
out
evil
Combinations
,
they
are
forced
to
retract
.
Secondly
,
The
Chancellor
or
Lord
Keeper
to
grant
the
Writ
.
If
the
complaint
of
the
breach
of
Privilege
be
made
in
the
Commons
House
,
and
thereupon
an
Habeas
Corpus
,
Writ
of
Privilege
,
or
Supersedeas
prayed
under
the
great
Seal
,
for
the
Members
or
menial
Servants
release
,
whose
Privilege
is
infringed
;
the
Lord
Chancellor
or
Keeper
of
the
great
Seal
,
representing
the
Kings
person
in
Chancery
(
the
Court
for
relief
in
cases
of
Privilege
)
is
the
properest
Judge
,
and
Examiner
of
the
claimed
Privilege
,
and
its
violations
upon
Oath
,
and
other
sufficient
Evidence
,
assisted
by
all
the
Kings
Judges
in
cases
of
difficulty
,
who
thereupon
will
grant
or
deny
the
Writs
.
Thirdly
,
The
Judges
of
the
Courts
to
which
the
Writ
is
directed
,
to
judge
of
the
validity
of
the
Privilege
.
When
these
Writs
of
Privilege
,
Supersedeas
,
or
Habeas
Corpus
,
are
granted
to
any
Member
,
or
menial
Servants
,
and
directed
to
any
of
the
Kings
Courts
to
enlarge
their
restrained
Persons
,
or
stay
any
Arrests
,
Process
or
Judgments
against
them
;
the
Kings
own
Judges
in
his
respective
Courts
,
to
which
they
are
directed
,
are
then
the
proper
Judges
of
the
Privileges
of
Parliament
,
and
of
their
breaches
suggested
in
these
Writs
;
who
may
examine
,
not
only
all
matters
of
Law
or
Fact
comprised
in
them
,
which
are
Traversable
;
but
likewise
adjudge
,
allow
,
or
disallow
the
very
Privilege
it self
,
if
no
real
ancient
Parliamentary
Privilege
allowed
by
the
Laws
and
Customs
of
the
Realm
.
How
far
he
is
in
the
right
,
I
will
not
undertake
to
judge
;
but
I
remember
,
somewhere
he
wisheth
an
Act
of
Parliament
to
pass
to
adjust
these
matters
:
which
possibly
would
prevent
many
of
those
chargeable
attendances
about
false
Returns
,
and
save
much
expence
of
time
in
the
discussing
of
them
,
and
enable
the
Subjects
to
pay
a
right
and
due
obedience
to
them
.
SECT.
12.
Concerning
the
Royal
Assent
to
Bills
.
I
Have
treated
so
much
of
this
elsewhere
,
as
to
the
sole
Power
in
the
King
,
the
ancient
Custom
of
Sealing
the
Acts
with
the
Kings
Seal
,
and
of
some
of
the
Prelates
and
Nobles
,
as
Witnesses
of
their
Assents
;
that
I
shall
only
now
speak
as
to
the
usual
formality
of
passing
the
Bills
into
Acts
by
the
Kings
last
Act.
See
also
his
Memorials
.
For
Mr.
Hackwell
hath
given
a
full
account
of
the
manner
how
Statutes
are
enacted
in
Parliament
by
passing
of
Bills
;
to
which
Book
I
refer
the
curious
Reader
that
would
understand
the
order
that
is
used
in
the
debating
and
passing
of
them
.
When
Bills
are
passed
by
both
Houses
,
upon
three
several
Readings
in
either
House
,
Hackwell
of
Passing
of
Bills
,
p.
179.
ad
182.
they
ought
for
their
last
approbation
,
to
have
the
Royal
Assent
,
whereby
every
Statute
is
,
as
Mr.
Hackwell
observes
,
like
Silver
seven
times
tryed
.
The
Royal
Assent
is
usually
deferred
to
the
last
day
of
the
Session
:
and
because
some
have
been
of
opinion
,
that
the
passing
of
Bills
,
The
Royal
Assent
determines
not
the
Session
.
puts
an
end
to
the
Sessions
,
so
that
what
ever
Bills
are
ready
,
and
pass
not
the
Royal
Assent
,
must
be
again
read
three
times
in
either
House
;
for
the
more
security
,
it
is
usual
to
insert
a
Proviso
,
That
the
Session
is
not
thereby
concluded
.
The
Royal
Assent
is
given
two
ways
:
First
,
Royal
Assent
by
Patent
.
by
Commission
since
the
Statute
of
the
33
H.
8.
c.
21.
wherein
it
is
expressed
,
That
the
Kings
Royal
Assent
by
his
Letters
Patents
under
the
Great
Seal
,
Signed
by
his
hand
,
and
declared
and
notified
in
his
absence
to
the
Lords
Spiritual
and
Temporal
,
and
to
the
Commons
Assembled
in
the
higher
House
;
is
and
ever
was
of
as
good
strengh
and
force
,
as
if
the
King
had
been
there
personally
present
,
and
assented
openly
and
publickly
to
the
same
.
The
manner
of
the
King
's
giving
his
Publick
Assent
is
in
this
manner
.
The
King
cometh
in
Person
,
in
his
Parliament-Robes
,
Royal
Assent
when
the
King
present
.
and
sitteth
in
his
State
,
and
the
Upper
House
sit
in
their
Robes
:
The
Speaker
,
with
all
the
Commons
House
,
cometh
to
the
Bar
of
the
Lords
House
;
and
in
Sir
Thomas
Smith's
time
,
Sir
Th.
Smith's
Commonwealth
,
p.
45.
Speeches
used
to
be
made
there
.
the
Chancellor
for
the
Lords
,
and
the
Speaker
for
the
Commons
,
in
set
Speeches
,
returned
the
Prince
Thanks
,
for
that
he
hath
so
great
Care
of
the
good
Government
of
his
People
,
and
for
calling
them
together
to
advise
of
such
things
as
should
be
for
the
Reformation
,
Establishing
,
and
Ornament
of
the
Commonweal
.
After
which
,
the
Chancellor
,
in
the
Prince's
Name
,
giveth
Thanks
to
the
Lords
and
Commons
,
for
their
Pains
and
Travel
taken
,
which
he
saith
the
Prince
will
remember
,
and
recompense
when
Time
and
Occasion
shall
serve
;
and
that
the
Prince
is
ready
to
declare
his
Pleasure
concerning
their
Proceedings
,
whereby
the
same
may
have
perfect
Life
and
Accomplishment
by
his
Princely
Authority
.
I
think
now
,
mostly
,
Hackwell
of
Passing
of
Bills
,
p.
181
,
182.
the
Speaker
of
the
House
of
Commons
makes
a
Speech
,
acquainting
the
King
with
the
purport
of
the
Bills
.
Then
the
Clerk
of
the
Crown
readeth
the
Title
of
the
Bills
,
in
such
Order
as
they
are
in
Consequence
.
After
the
Title
of
every
Bill
is
read
singly
,
The
Clerk
of
the
Crown
pronounceth
the
Royal
Assent
or
Dissent
.
the
Clerk
of
the
Parliament
pronounceth
the
Royal
Assent
,
according
to
certain
Instructions
given
from
his
Majesty
in
that
behalf
.
If
it
be
a
Publick
Bill
to
which
the
King
assenteth
,
the
Answer
is
,
Le
Roy
le
veult
,
The
King
willeth
.
If
a
Private
Bill
,
allowed
by
the
King
,
the
Answer
is
,
Soit
fait
,
comme
il
est
desire
,
Let
it
be
done
as
it
is
desired
.
And
upon
a
Petitionary
Bill
the
like
is
used
.
If
it
be
a
Publick
Bill
(
which
the
King
forbeareth
to
allow
)
he
saith
,
Le
Roy
se
avisera
,
The
King
will
advise
.
To
a
Subsidy
Bill
the
Clerk
pronounceth
,
Le
Roy
remercie
,
ses
loyaux
Subjects
,
accepte
leur
Benevolence
,
&
aussi
le
veult
,
The
King
thanks
his
Loyal
Subjects
,
accepts
their
Benevolence
,
and
also
willeth
.
To
a
general
Pardon
is
pronounced
,
Les
Prelates
,
Seigneurs
,
&
Communs
,
en
cest
Parlement
assembles
,
au
nom
de
touts
vous
autres
Subjects
,
remercient
tres
humblement
vostre
Majesty
,
&
prient
Dieu
vous
donner
en
sante
,
bone
vie
&
longe
:
The
Prelates
,
Lords
,
and
Commons
,
in
this
Parliament
assembled
,
in
the
name
of
all
your
other
Subjects
,
thrice
humbly
give
thanks
to
your
Majesty
,
and
pray
God
to
give
you
in
health
,
a
good
Life
,
and
long
.
These
,
P.
46.
saith
Sir
Thomas
Smith
,
be
taken
now
as
perfect
Laws
and
Ordinances
of
the
Realm
of
England
,
and
none
other
,
and
as
shortly
as
may
be
,
are
printed
,
except
it
be
some
Private
Acts
,
made
for
the
Benefit
or
Prejudice
of
some
Private
Man
;
these
be
only
exemplified
under
the
Seal
of
the
Parliament
.
CHAP.
XXIX
.
Of
Factious
Combinations
in
Parliaments
.
I
Hope
in
the
foregoing
Chapters
,
I
have
so
explained
the
Constitution
of
Parliaments
,
and
the
Legislative
Power
,
that
unbiassed
and
unprejudiced
Persons
will
no
more
be
misled
by
the
Sophisms
,
and
plausible
pretences
,
which
to
aggrandize
the
Power
of
the
two
Houses
at
first
,
and
after
of
the
Commons
House
only
,
the
Penmen
of
the
long
Parliament
made
use
of
;
yet
because
many
of
late
were
furbishing
the
rusty
Armour
of
their
Demagogues
,
and
trimming
their
Helmets
with
fresh
Plumes
,
I
conceive
it
necessary
to
take
notice
of
some
of
their
chiefest
Arguments
,
and
examine
those
which
had
greatest
Influence
upon
the
People
.
The
great
and
venerable
name
of
Parliament
,
and
its
Authority
,
was
constantly
used
as
Shield
and
Buckler
,
to
ward
off
all
the
Force
of
the
Loyal
Assaults
;
and
Mr.
Prynne
writ
a
large
Volume
,
which
he
stiled
,
The
Soveraign
Power
of
Parliaments
:
and
when
the
very
Lees
and
Dregs
of
the
Commons
House
was
put
in
Ferment
,
that
very
Kilderkin
would
admit
no
lower
Stile
,
than
the
supreme
Authority
of
the
Nation
to
be
pearched
on
its
Bunghole
.
Therefore
to
disabuse
the
less
considerate
,
The
various
Acceptation
of
the
word
Parliament
.
and
to
detect
the
Frauds
of
those
,
which
under
that
great
Name
applyed
whatever
they
met
with
in
the
Laws
,
or
History
,
to
the
House
of
Commons
;
I
think
it
necessary
in
the
first
place
to
clear
the
acceptation
of
the
Word
.
Appropriated
to
the
Lords
House
.
Sometimes
the
word
Parliament
is
used
for
the
House
of
[
](A46988-e134420-b)(a)
(a)
Egerton
,
sect.
4.
22
,
23.
Lords
only
;
as
when
upon
Writ
of
Error
,
any
Judgment
in
the
King's-Bench
is
examined
in
the
House
of
Lords
,
the
Judgment
is
said
to
be
affirmed
or
reversed
by
Parliament
.
The
Appellation
of
Parliament
is
likewise
used
for
the
two
Houses
,
To
both
the
Houses
.
in
regard
they
are
the
gross
Body
,
whereof
the
Parliament
consists
,
there
only
wanting
the
Sovereign
Head
to
compleat
it
.
But
they
are
so
far
from
being
the
High
Court
of
Parliament
,
that
they
cannot
co-unite
to
be
an
entire
Court
,
either
of
Sovereign
or
Ministerial
Justice
,
but
only
in
concurring
in
Votes
in
their
several
Houses
,
for
preparing
of
matters
,
in
order
to
an
act
of
all
the
Body
;
which
when
they
have
done
,
their
Votes
are
so
far
from
having
any
legal
Authority
in
the
State
,
as
in
Law
there
is
no
Stile
or
Form
of
their
joynt
Acts
,
further
than
Bills
,
nor
doth
the
Law
so
much
as
take
notice
of
them
,
till
they
have
Royal
Assent
;
without
which
,
the
Votes
of
the
two
Houses
dye
in
the
Womb
,
like
an
Embryo
.
So
that
the
proper
use
of
the
word
Parliament
,
How
properly
the
High
Court
of
Parliament
.
(
as
Authority
of
Law-making
is
annexed
to
the
name
)
is
only
when
the
King
and
the
two
Houses
concurr
in
one
Act
,
and
in
that
sence
only
is
the
Parliament
the
Supream
Court
,
the
highest
Judicatory
,
and
the
most
Sovereign
Power
:
Not
for
any
Soveraignty
in
the
two
Houses
,
and
from
them
transferred
to
the
King
by
their
joining
and
consenting
with
him
;
but
because
every
compleat
and
perfect
Act
of
it
,
is
the
Act
of
the
personal
Will
and
Power
of
the
Sovereign
himself
,
standing
in
his
highest
Estate
Royal.
Therefore
whoever
reads
the
Authors
that
writ
in
defence
of
the
Parliament
,
must
consider
this
Fallacy
they
frequently
used
,
that
he
do
not
apply
the
Authoritative
Act
of
the
King
,
with
the
Consent
of
the
two
Houses
,
to
the
Houses
without
the
King
.
From
the
Co-operation
of
the
two
Houses
in
preparing
Laws
,
[
](A46988-e134530-b)(b)
(b)
Freeholder's
Grand
Inquest
,
p.
34.
the
late
〈◊〉
(
since
King
Charles
the
First
's
time
)
of
the
words
,
The
King
is
not
one
of
the
Three
Estates
.
Be
it
end●ed
by
the
King
,
the
Lords
Spiritual
and
Temporal
,
and
Commons
(
as
if
they
were
all
Fellow-Commissioners
)
and
the
unwariness
of
some
of
the
Penners
of
the
King's
Answers
to
some
of
the
Papers
of
the
two
Houses
,
wherein
they
stiled
the
King
the
third
Estate
;
the
Commonwealths-Men
have
taken
the
advantage
to
reckon
the
King
but
as
a
third
Legislator
.
Therefore
I
think
it
necessary
to
remove
this
Rub
e're
I
proceed
further
.
Although
the
Author
of
the
Imposture
,
The
Modus
makes
the
Parliament
to
consist
of
six
Parts
.
called
the
modus
tenendi
Parliamentum
,
makes
six
degrees
of
constituent
Members
of
the
Parliament
,
viz.
The
King
first
,
then
Secondly
,
the
Archbishops
;
Bishops
,
Abbats
,
Priors
,
and
other
Clerks
,
who
held
Baronies
.
Thirdly
,
the
Proctors
of
the
Clergy
.
Fourthly
,
the
Earls
,
Barons
,
and
other
great
Men
,
who
held
to
the
value
of
a
County
or
Barony
.
Fifthly
,
the
Knights
of
Shires
.
Sixthly
,
the
Citizens
and
Burgesses
,
to
which
he
might
have
added
the
Barons
of
the
Cinque-Ports
;
yet
he
saith
the
King
is
the
Head
,
Beginning
and
End
of
the
Parliament
,
and
so
hath
no
[
](A46988-e134630-b)(c)
(c)
Ita
non
habet
Parem
in
suo
gradu
.
Peer
in
his
degree
.
Yet
it
plainly
appears
,
that
these
we
now
call
the
two
Houses
,
were
by
reason
of
their
distinct
Orders
,
most
frequently
divided
into
three
.
For
in
[
](A46988-e134640-b)(d)
(d)
As
queux
Prelats
,
ou
la
Clargie
par
eux
mesmes
;
&
les
Countes
&
Barons
par
eux
mesmes
;
Chevalers
&
Gentz
de
Countez
,
&
Gentz
de
la
Commune
par
eux
mesmes
entreteront
.
Prynne
Animadv
.
p.
10.
6
E.
3.
at
his
Parliament
at
York
,
the
Record
saith
,
That
on
the
Friday
before
the
Feast
of
St.
Michael
,
the
Prelates
,
or
the
Clergy
by
themselves
;
the
Earls
and
Barons
by
themselves
;
the
Knights
of
the
Counties
,
and
the
Commons
by
themselves
treated
,
&c.
Othertimes
we
find
the
Prelates
,
Earls
,
Barons
,
and
great
Men
,
and
the
Knights
,
Citizens
and
Burgesses
,
to
have
separate
Consultations
by
themselves
;
and
to
give
their
several
answers
to
Articles
,
and
business
propounded
to
them
in
Parliament
,
as
Mr.
Prynne
out
of
the
Abridgment
of
the
Records
of
the
Tower
,
hath
given
us
above
twenty
instances
.
At
the
making
of
the
Statute
of
Praemunire
,
16
R.
2.
the
Commons
pray
,
The
Lords
Spiritual
,
Lords
Temporal
,
and
Commons
make
the
Three
Estates
.
That
the
Lords
,
as
well
Spiritual
as
Temporal
,
severally
,
and
all
the
Estates
of
Parliament
might
be
examined
,
how
they
thought
of
that
matter
;
and
the
Lords
Spiritual
answered
by
themselves
,
and
the
Lords
Temporal
by
themselves
;
and
the
King
was
Petitioned
to
make
this
Examination
.
So
in
40
E.
3.
the
King
asking
the
Houses
,
Whether
King
John
could
have
subjected
the
Realm
,
as
he
did
;
the
Prelates
by
themselves
,
and
the
Dukes
,
Earls
,
and
Barons
by
themselves
,
gave
their
Answer
.
Besides
,
we
find
(
as
at
large
I
have
before
instanced
in
the
last
Chapter
)
the
Writs
of
Summons
of
the
Bishops
and
Clergy
,
were
only
,
in
side
&
dilectione
;
and
the
Barons
generally
,
[
](A46988-e134790-b)(e)
(e)
Stat.
18.
●
.
6.
c.
1.
in
fide
&
homagio
,
or
Ligeancia
;
and
the
Clergy
granted
their
Subsidies
apart
,
and
distinct
from
the
Nobles
.
Besides
,
that
the
Bishops
are
to
be
esteemed
the
Third
Estate
,
is
clear
by
Act
of
Parliament
:
for
it
being
questioned
[
](A46988-e134860-b)(f)
(f)
8
Eliz.
c.
1.
,
whether
the
making
Bishops
had
been
duly
and
orderly
done
according
to
Law
;
the
Statute
saith
,
That
the
questioning
of
it
is
much
tending
to
the
slander
of
all
the
Clergy
,
being
〈◊〉
of
the
greatest
States
of
the
Realm
.
So
Sir
[
](A46988-e134900-b)(g)
(g)
P.
36.
Thomas
Smith
(
as
in
the
last
Chapter
I
have
noted
)
distinguisheth
the
two
Houses
into
three
Estates
,
and
Sir
Edward
[
](A46988-e134940-b)(h)
(h)
4.
Instr
.
p.
1.
Coke
saith
expresly
,
That
the
High
Court
of
Parliament
consisteth
of
the
Kings
Majesty
sitting
in
his
Royal
Politick
Capacity
,
and
the
three
States
of
the
Realm
,
viz.
the
Lords
Spiritual
,
Lords
Temporal
,
and
Commons
;
the
like
the
learned
[
](A46988-e134990-b)(i)
(i)
Interpreter
,
tit
.
Parliament
.
Cowel
affirms
.
Sir
Henry
Spelman
[
](A46988-e135040-b)(k)
(k)
Solenne
collequium
omnium
Ordinum
Regni
,
Authoritate
solius
Regis
,
ad
consulendum
,
statuendumque
de
negotiis
Regni
indictum
.
Gloss.
p.
449.
calls
it
a
Colloquy
of
all
the
Orders
of
the
Kingdom
,
convened
by
the
sole
Authority
of
the
King
,
to
consult
and
appoint
in
the
Affairs
of
the
Kingdom
.
This
was
also
known
to
Foreigners
,
uninteressed
Persons
;
for
the
Lord
Argenton
speaking
how
Subsidies
were
granted
in
England
,
saith
[
](A46988-e135090-b)*
*
Lib.
5.
p.
253.
,
Convocatis
primis
Ordinibus
,
Clericis
&
Laicis
,
&
assentiente
Populo
:
And
Bodin
[
](A46988-e135140-b)‖
‖
De
Repul
.
lib.
6.
whenever
he
speaks
of
the
Constitution
of
our
Parliament
,
calls
it
the
King
and
the
three
Estates
of
the
Realm
.
But
to
put
all
out
of
doubt
,
in
King
Charles
the
Second's
Reign
,
it
is
determined
in
the
Act
for
the
Form
of
Prayers
for
the
Fifth
of
November
,
For
the
Preservation
of
the
King
,
and
the
Three
Estates
.
Now
the
reason
why
in
King
Charles
the
First
's
answer
,
Why
in
some
of
King
Charles
the
First
's
Writings
the
King
was
called
the
Third
Estate
.
we
meet
with
the
expressions
of
making
the
King
the
third
Estate
,
was
,
because
at
that
time
,
the
Bishops
being
voted
out
of
the
House
of
Lords
,
and
the
two
Houses
setting
themselves
in
all
the
points
of
Controversie
in
opposition
to
the
King
,
the
notion
of
a
Triumvirate
was
more
intelligible
(
as
it
may
be
thought
)
to
the
People
,
and
those
who
were
so
bitter
Enemies
to
the
King
,
and
had
such
a
Rebellious
force
,
would
have
still
increased
the
Peoples
aversion
,
if
the
King
had
asserted
his
Royal
Prerogative
otherwise
.
Whether
this
were
the
true
reason
,
or
the
oversight
of
the
Penners
of
his
Majesties
Answers
,
I
will
not
undertake
to
determine
;
but
I
am
induced
to
believe
the
first
,
because
,
I
find
the
King
,
and
those
that
writ
in
defence
of
his
Cause
,
using
frequently
this
way
of
Argument
.
In
every
State
there
are
three
Parts
(
saith
[
](A46988-e135240-b)(l)
(l)
Review
of
Observations
.
one
,
the
King
ordered
to
write
for
him
)
capable
of
just
or
unjust
Soveraignty
,
viz.
the
Prince
,
Nobles
and
People
.
Now
through
the
Piety
of
our
Lawgiving
Princes
,
a
just
and
regular
course
of
Government
being
obtained
,
the
stability
of
which
being
found
to
be
more
concerned
in
the
Power
of
making
Laws
,
than
in
any
other
Power
belonging
to
the
Soveraign
;
for
preventing
of
Innovations
,
that
might
subvert
that
setled
regularity
,
the
frame
and
state
of
Government
was
in
such
a
sort
established
,
as
that
the
Prince
should
be
limited
from
using
the
legislative
Power
,
without
concurrent
assent
of
the
Peers
and
Commons
.
By
which
means
the
constitution
of
our
Parliaments
,
is
so
equal
and
geometrical
,
and
all
parts
so
equally
contribute
their
Offices
,
that
no
part
can
have
an
extream
predominance
over
other
:
Therefore
to
prevent
any
evil
that
might
come
by
the
admission
of
two
such
Bodies
,
to
a
participation
of
Power
,
in
this
particular
of
making
Laws
(
if
they
should
combine
against
the
Soveraign
)
the
Law
gives
them
an
equal
Power
to
assent
or
dissent
;
The
Ballancing
of
the
Powers
in
Parliament
.
so
that
opposing
the
single
Power
of
every
one
of
them
,
to
the
Votes
of
every
other
two
,
there
might
be
so
secure
a
balancing
of
the
Power
of
one
against
the
other
,
that
no
practice
of
any
two
of
them
,
should
do
any
prejudice
and
diminution
to
the
third
,
without
the
third
Party
it self
did
give
consent
unto
it
:
otherwise
the
King
and
Peers
might
oppress
the
Commons
,
the
King
and
Commons
oppress
the
Peers
,
or
the
Peers
and
Commons
oppose
the
King
;
and
the
Peers
being
easily
oppressed
by
the
Commons
(
as
we
saw
in
our
late
calamitous
Times
)
an
Appian
Decemvirate
,
or
the
30
or
300
Tyrants
might
get
the
Power
into
their
own
hands
.
In
another
place
he
saith
,
Though
properly
Laws
be
the
Acts
of
the
King
in
Parliament
,
yet
are
they
also
truly
the
Acts
of
the
whole
Parliament
;
because
every
of
the
Estates
contribute
their
Power
according
to
the
diversity
of
their
Office
and
Interest
,
and
so
as
from
a
sacred
Tripos
,
the
civil
Oracles
of
the
Law
are
delivered
.
It
is
therefore
to
be
considered
(
saith
a
Judicious
[
](A46988-e135340-b)(m)
(m)
King's
Supremacy
asserted
,
c.
9.
p.
96.
where
the
Reader
may
find
a
full
Answer
to
the
Deductions
they
make
from
the
King's
way
of
arguing
.
Author
,
in
answer
to
some
other
passages
of
his
Majesty
that
the
Parliamentarians
wrested
)
That
if
his
Majesty
,
out
of
a
desire
to
save
the
effusion
of
Blood
,
used
such
gracious
Expressions
as
were
most
likely
to
prevail
with
the
People
,
and
consolidate
their
Minds
,
they
ought
not
in
Equity
to
prejudice
the
Rights
of
the
Crown
,
although
he
had
abdicated
therein
,
some
parts
of
his
Authority
,
and
granted
things
destructive
to
his
own
Prerogative
.
From
his
Majesties
saying
,
That
the
Power
,
legally
placed
in
both
Houses
,
is
more
than
sufficient
to
prevent
,
and
restrain
the
Power
of
Tyranny
,
they
infer
,
This
cannot
be
made
good
without
a
Power
of
Resistance
;
for
that
Tyranny
cannot
otherwise
be
restrained
.
Which
is
easily
answered
.
For
it
cannot
be
understood
,
that
the
King
means
by
this
,
a
forceable
resistance
or
restraint
,
[
](A46988-e135370-b)(n)
(n)
Id
possit
quisquam
quod
jure
possit
.
but
a
legal
one
,
so
far
as
Humane
Prudence
can
by
lawful
and
just
ways
provide
.
The
Power
they
have
by
Law
,
being
to
inflict
punishments
on
evil
Instruments
,
whereby
others
may
be
afraid
to
take
upon
them
such
Imployments
;
and
they
may
refuse
to
give
the
King
Subsidies
,
and
other
necessary
Assistance
,
if
he
refuseth
to
moderate
excesses
,
which
are
Powers
more
efficacious
than
resistance
;
the
success
of
the
one
being
more
probable
and
likely
than
the
other
.
However
,
The
not
asserting
of
King
Charles
the
First
's
Prerogative
,
disadvantagious
.
in
my
poor
opinion
,
it
had
been
more
honourable
,
and
probably
more
efficacious
,
to
have
spent
less
time
in
this
kind
of
defending
the
Kings
Interest
by
the
Pen
,
and
have
imployed
it
in
asserting
the
true
Prerogative
of
the
King
,
and
his
undoubted
Rights
,
to
have
let
the
People
,
as
well
as
the
Houses
know
,
what
he
would
reform
,
and
out
of
Princely
Clemency
grant
,
for
his
Peoples
ease
,
and
at
their
earnest
Petition
;
but
neither
to
have
depreciated
,
or
descended
so
much
below
the
Majesty
and
Dignity
of
his
place
,
to
enter
into
Reply
and
Duply
,
Altercation
,
and
Apologies
with
his
Subjects
.
But
that
King
,
composed
all
of
Mercy
,
Justice
,
and
Tenderness
to
his
Subjects
,
judging
others
by
his
own
Royal
Standard
of
Integrity
,
let
the
Houses
seize
his
Ships
,
Magazines
,
and
left
them
the
City
of
London's
Purse
,
while
he
retired
to
the
North
,
and
plied
the
Houses
with
Declarations
and
Messages
,
to
have
reduced
them
to
their
Duties
:
and
though
his
condescensions
were
great
,
and
the
way
of
Argument
such
as
before
I
have
instanced
in
;
yet
I
cannot
find
(
except
in
that
particular
of
making
himself
one
of
the
three
Estates
)
that
he
yielded
any
part
of
his
Royal
Prerogative
,
till
he
was
made
Prisoner
;
that
in
his
restraint
he
condescended
to
a
temporary
divesting
himself
of
the
Militia
,
and
other
things
,
which
all
sorts
of
Subjects
(
except
the
very
chief
of
those
in
Rebellion
against
him
)
found
infinitely
more
tending
to
the
enslaving
,
and
utter
ruine
of
the
People
,
than
ever
they
could
have
been
,
if
the
King
had
managed
all
by
his
absolute
Will
,
and
the
direction
of
those
they
accounted
his
worst
Instruments
.
I
having
in
several
places
cleared
the
Kings
Soveraignty
,
shall
only
on
this
Head
endeavour
to
answer
the
principal
of
those
popular
Reasons
the
Writers
for
the
Parliament
used
,
not
grounded
upon
any
Law
or
Constitution
of
the
Government
,
but
only
upon
the
false
supposition
,
That
the
Wisdom
of
the
two
Houses
was
to
be
valued
above
the
Wisdom
of
the
King
and
Council
,
in
proposing
matters
for
the
Royal
Assent
,
which
were
conducible
to
the
Liberty
of
the
Subject
,
which
they
pretended
was
their
whole
design
,
and
that
they
would
establish
the
Kings
Throne
in
more
Glory
and
Splendor
than
had
ever
been
in
any
Ages
.
The
first
and
principal
Topick
they
used
,
was
,
The
Monarchy
of
England
not
mixed
.
That
the
Monarchy
of
England
was
in
its
Constitution
allayed
,
and
the
Power
of
the
two
Houses
,
in
making
Laws
,
had
such
a
Copartnership
,
and
radical
mixture
,
that
they
had
something
more
than
a
Consultive
and
Assenting
part
;
and
that
the
King
was
oblig'd
in
the
duty
of
his
Office
,
and
by
his
Coronation
Oath
,
to
grant
what
they
desired
.
Mr.
Sherringham
[
](A46988-e135490-b)(o)
(o)
King's
Supremacy
asserted
,
p.
74.
hath
culled
out
the
prime
Arguments
of
the
Author
of
the
Treatise
of
Monarchy
,
The
fuller
Answerer
,
and
others
upon
this
Head
,
and
so
fully
answer'd
them
,
that
I
must
refer
the
Reader
to
him
for
satisfaction
,
and
shall
only
select
some
of
the
chiefest
of
these
Arguments
,
more
for
the
orderly
continuance
of
this
Discourse
,
than
for
any
need
of
repeating
them
.
First
,
They
say
,
That
King
Charles
the
First
owned
the
Law
[
](A46988-e135540-b)(p)
(p)
Declaration
from
N●wmarket
,
9
March
1641.
to
be
the
Measure
of
his
Power
,
and
if
so
,
it
is
limited
.
But
this
concludes
no
more
,
than
that
his
Power
is
of
such
a
size
and
bigness
as
the
Law
hath
ordained
;
and
if
the
Law
give
the
King
absolute
,
full
,
and
entire
Power
,
and
limits
him
only
in
the
exercise
of
it
,
this
is
a
restraint
,
and
limitation
according
to
such
Laws
as
the
Soveraign
hath
established
in
that
particular
alone
,
and
is
the
happiness
of
the
English
Subject
,
that
Kings
act
not
Arbitrarily
:
but
this
gives
no
Power
to
the
two
Houses
,
to
be
any
checks
upon
the
King
,
who
by
the
same
Laws
hath
the
Power
of
putting
in
execution
,
and
suspending
the
execution
of
the
Laws
in
many
Cases
;
or
that
Aristocracy
,
or
Democracy
have
any
such
mixture
with
the
Monarchy
,
as
they
can
impose
their
Laws
upon
him
.
For
to
suppose
a
mixed
Monarchy
,
consisting
of
Three
Estates
,
independent
for
their
Authority
upon
one
another
,
and
to
have
several
shares
in
the
Rights
of
Sovereignty
,
and
to
say
,
The
Government
of
three
Estates
,
is
the
Government
of
one
Monarch
,
is
perfect
nonsence
:
for
when
[
](A46988-e135580-b)(q)
(q)
Besold
.
Synopsis
Polit.
Doct.
l.
1.
c.
6.
Monarchy
,
Aristocracy
,
and
Democracy
are
melted
and
allayed
together
,
that
which
resulteth
can
take
its
name
from
none
of
the
simple
species
,
or
kinds
of
Government
,
but
must
have
some
other
Appellation
.
Whoever
will
consider
aright
of
the
concurrence
of
the
two
Houses
,
in
preparing
Bills
,
will
find
,
How
the
two
Houses
concur
in
making
Laws
.
That
though
the
Houses
be
as
the
Causa
sine
qua
non
;
yet
the
efficient
,
procatarctick
Cause
,
and
the
Authoritative
Power
in
passing
these
into
Laws
,
is
the
King
only
;
and
what
the
two
Houses
do
without
his
Assent
,
is
but
as
the
Counsellor
at
Law
's
framing
a
Deed
,
and
the
Clerks
Ingrossing
the
Indenture
of
Conveyance
;
but
till
the
Seal
be
set
to
it
,
and
delivery
made
,
as
the
Act
and
Deed
of
Donor
or
Conveyor
,
it
is
of
no
force
and
virtue
;
neither
do
we
call
it
the
Act
and
Deed
of
the
Counsellor
or
Clerk
,
but
of
the
Person
that
seals
it
.
Another
Objection
those
Champions
for
the
two
Houses
made
great
noise
with
,
was
,
[
](A46988-e135650-b)(r)
(r)
King's
Supremacy
,
p.
84.
Objection
,
That
the
Mixture
is
in
the
Supremacy
of
Power
.
That
the
Power
where
the
Legislative
is
in
all
Three
,
is
in
the
very
Root
and
Essence
of
it
compounded
and
mixed
of
those
three
:
so
that
where
this
height
of
Power
resideth
in
a
mixed
Subject
,
that
is
,
in
three
concurrent
Estates
,
the
consent
and
concursus
of
all
being
most
free
,
and
none
depending
on
the
Will
of
the
other
,
that
Monarchy
is
in
the
most
proper
sence
,
and
in
the
very
model
of
it
,
a
mixed
Constitution
.
And
that
such
is
the
State
of
the
Monarchy
of
England
,
the
Objector
thinks
clear
,
because
the
House
of
Peers
are
an
Aristocracy
,
and
the
Commons
a
Democracy
;
and
this
mixture
of
Interests
and
Powers
being
in
the
very
Legislative
Power
,
he
concludes
the
mixture
is
in
the
Root
and
Supremacy
of
Power
,
and
not
in
the
exercise
alone
.
In
answer
to
which
it
must
be
considered
,
Answer
,
That
is
only
in
the
Exercise
of
the
Power
.
That
though
the
concurrence
of
both
the
Estates
with
the
Monarch
in
the
making
and
promulgation
of
Laws
,
be
such
as
our
Laws
describe
;
yet
it
is
no
otherwise
than
in
the
precedent
Chapters
,
by
undeniable
proofs
,
I
have
made
it
out
,
That
what
participation
soever
the
two
Houses
have
with
the
King
in
the
Legislature
,
it
is
only
derivative
from
the
Crown
by
the
King's
Summons
,
and
the
restriction
of
those
Summons
to
do
and
consent
.
It
is
known
to
be
the
common
Assertion
of
[
](A46988-e135720-b)(s)
(s)
Panorm.
cap.
Gravem
de
Sent.
Excom.
Canonists
,
[
](A46988-e135730-b)(t)
(t)
Bertol.
in
Lomnes
Populi
,
sect.
de
Justitia
&
Jure
,
q.
2.
Civilians
,
and
[
](A46988-e135750-b)(u)
(u)
Suarez
,
lib.
1.
de
Leg.
c.
8.
n.
9.
Schoolmen
,
That
the
Legislative
Power
is
communicable
by
the
Princes
allowance
,
and
that
such
a
concurrence
as
our
Kings
have
allowed
,
is
no
Argument
of
Supremacy
;
such
a
mixture
of
the
three
Estates
hath
been
in
other
Monarchies
,
[
](A46988-e135790-b)*
*
Besold
.
de
Juribus
Magist
.
c.
2.
which
every
where
are
owned
to
be
absolute
in
respect
of
Power
.
For
as
they
are
summoned
by
the
Princes
single
Authority
,
and
dissolved
at
his
own
pleasure
,
they
can
claim
no
sort
of
Right
,
during
their
Session
,
further
than
to
consult
about
,
and
prepare
Bills
for
the
Royal
Assent
.
Therefore
[
](A46988-e135810-b)(w)
(w)
De
Imperio
Summarum
Potestatum
circa
sacra
,
c.
8.
num.
11.
Grotius
saith
,
Istam
Legislationem
,
quae
aliis
quam
Summae
Potestati
competit
,
nihil
imminuere
de
jure
Summae
Potestatis
,
quod
in
Scholis
dicunt
,
cumulative
datum
censeri
non
privative
.
So
in
our
Kingdom
,
every
Corporation
hath
Authority
to
make
Ordinances
and
Constitutions
within
their
own
Liberties
,
for
the
good
Order
and
Government
of
the
Body
;
and
the
Inhabitants
[
](A46988-e135860-b)(x)
(x)
Coke
5.
part
,
tit
.
Cases
de
By-Laws
&
Ordinances
.
of
every
Parish
,
to
make
By-Laws
and
Ordinances
among
themselves
for
their
own
profit
,
where
they
have
Custom
for
it
,
and
for
the
Publick
Good
,
where
they
have
no
Custom
:
Surely
this
is
a
sort
of
Legislative
Power
;
yet
thereby
it
cannot
be
inferred
,
that
they
have
any
Co-ordinate
Power
with
the
King
in
the
Rights
of
Soveraignty
.
So
that
allowing
the
Power
of
the
two
Houses
as
large
as
can
be
proved
by
the
Laws
(
for
the
stretch
that
the
Parliamentarians
would
make
,
is
by
the
Tenters
they
only
have
set
up
,
)
the
whole
latitude
of
the
Nomothetical
Power
is
not
jointly
in
the
two
Houses
;
for
none
but
Strangers
to
our
Laws
can
deny
,
That
the
King
hath
sole
Power
to
dispense
with
the
Statutes
,
and
abate
their
Rigour
,
where
a
mischief
would
otherwise
insue
,
he
alone
hath
Power
by
Edicts
and
Proclamations
,
to
order
all
Affairs
for
which
there
is
no
order
taken
by
certain
and
perpetual
Laws
.
The
Legislative
Power
is
either
[
](A46988-e135900-b)(y)
(y)
King's
Supremacy
,
p.
88.
Of
Architectonical
and
Preceptive
Power
.
Architectonical
,
or
Preceptive
.
The
Architectonical
is
that
which
layeth
Materials
of
Law
,
and
consisteth
in
two
things
;
First
,
in
determining
what
is
just
,
convenient
,
or
necessary
:
Secondly
,
in
declaring
,
and
promulgating
that
to
be
actually
made
a
Law
,
and
Enacted
,
which
upon
consultation
is
thought
to
be
just
,
convenient
,
or
necessary
.
The
first
shews
no
Jurisdiction
in
the
Persons
who
have
it
,
but
only
an
Office
and
Imployment
to
deliberate
and
consult
.
But
whoever
hath
the
Second
Power
,
hath
a
Jurisdiction
to
define
Authoritatively
what
shall
be
Law
;
and
this
Preceptive
Power
is
that
which
makes
the
Law
sacred
and
inviolable
,
and
which
giveth
it
force
to
oblige
the
Conscience
.
Now
it
is
evident
by
undeniable
Testimony
and
Authority
,
that
the
exercise
of
the
Architectonical
Power
is
only
committed
to
the
two
Houses
,
who
have
votum
consultivum
&
decisivum
,
but
it
is
derived
from
the
King
,
who
hath
only
the
Preceptive
Power
.
So
that
the
Writers
for
the
two
Houses
,
generally
did
use
a
Sophistical
way
of
arguing
,
not
discovering
what
they
could
not
but
know
,
the
difference
betwixt
the
King's
,
and
the
two
Houses
Powers
in
the
making
of
Laws
.
For
subordinate
Agents
,
that
are
but
Instruments
of
another
,
and
work
by
a
derived
Power
,
when
they
concur
with
the
Principal
and
supream
Agent
,
have
their
causality
in
producing
the
Effect
;
yet
this
doth
not
prove
the
Authority
to
be
radically
in
them
.
As
in
an
Estate
of
Lands
(
saith
[
](A46988-e135940-b)(z)
(z)
Idem
,
p.
91.
Mr.
Sherringham
,
)
wherein
a
Man
hath
a
perpetual
Right
in
Fee
,
his
Right
is
distinguished
from
the
King
's
Right
,
of
whom
he
holds
;
the
King
having
the
demean
of
the
Land
,
and
the
other
the
demean
of
the
Fee
.
So
it
is
in
an
Estate
of
Power
and
Authority
;
If
the
King
granteth
an
Estate
of
Power
,
Authority
and
Jurisdiction
in
Fee-simple
,
or
in
Fee-tail
,
for
term
,
longer
or
shorter
,
the
King
hath
the
demean
of
Power
,
and
the
other
the
demean
of
Use
;
the
King
hath
Dominium
directum
,
the
other
Dominium
utile
;
which
he
applies
to
the
two
Houses
:
but
it
must
be
likewise
considered
,
that
this
distinct
Authority
they
have
,
is
wholly
derivative
,
and
so
much
the
more
depending
on
the
Sovereign
,
as
he
can
at
his
Pleasure
totally
deprive
them
of
the
Exercise
of
it
by
Prorogation
,
or
totally
annihilate
it
by
Dissolution
.
Another
Objection
they
made
,
Objection
,
The
Three
Estates
to
restrain
the
Excess
of
each
other
.
was
from
the
Answer
the
King
authorized
a
Gentleman
to
make
to
the
Observer
,
That
the
three
Estates
are
constituted
to
the
End
that
the
Power
of
the
one
should
moderate
and
restrain
the
excess
of
the
Power
in
the
other
.
From
which
he
infers
,
That
this
is
an
Allay
and
mixture
in
the
Root
and
essence
of
the
Constitution
.
To
this
it
may
be
answered
,
Answer
to
it
.
That
there
is
no
such
Power
in
the
two
Houses
;
they
are
called
to
consult
,
and
to
consent
.
All
they
can
do
is
,
that
they
have
the
opportunity
of
having
grievances
redressed
,
because
they
may
otherwise
deny
the
King
the
assistance
he
desires
.
But
they
have
no
Authority
of
themselves
,
to
redress
them
,
or
to
restrain
and
moderate
his
Excesses
by
Force
,
nor
can
they
moderate
the
Excesses
of
one
another
by
any
Act
of
their
own
singly
,
further
than
the
exorbitant
Estate
shall
be
willing
to
be
moderated
.
It
is
a
most
absurd
thing
to
imagine
,
that
when
the
Law
hath
placed
the
Sovereign
Power
in
the
King
,
it
should
again
for
a
space
of
time
,
during
the
Session
of
Parliament
,
unsovereign
Him
,
and
place
in
the
two
Houses
the
same
Sovereign
Trust
,
and
with
a
second
absurdity
,
leave
in
the
King's
Hands
the
summoning
and
dissolving
,
the
Power
by
which
himself
should
be
constrained
;
and
to
make
up
all
,
should
by
Authority
of
that
Power
constrain
all
the
Heads
of
the
People
,
and
even
the
Representative
Body
of
that
Power
,
by
Solemn
Oath
,
to
declare
that
the
King
is
not
only
supreme
Governour
,
but
that
he
is
only
supreme
Governour
.
Besides
the
Arguments
they
sued
upon
this
Head
of
a
debased
Monarch
,
that
was
not
only
to
admit
some
of
his
Subjects
into
the
Participation
of
his
Burthen
,
but
of
his
Soveraignty
(
whereby
they
pleaded
for
both
the
Houses
being
joynt-Sovereigns
for
the
time
)
they
used
other
Arguments
singly
for
the
House
of
Commons
,
which
they
endeavoured
to
aggrandize
,
and
raise
to
a
strange
over-towring
heighth
,
above
both
King
and
Lords
;
and
they
grounded
all
their
Arguments
upon
the
immense
Power
of
their
being
the
Peoples
Representatives
.
The
Observer
saith
,
Objection
concerning
the
Power
of
Representatives
.
That
the
vertue
of
Representation
,
is
the
great
Privilege
of
Privileges
,
that
unalterable
Basis
of
all
Honour
and
Power
,
whereby
the
House
of
Commons
claims
the
entire
Right
of
all
the
Gentry
and
People
;
and
that
there
can
be
nothing
under
Heaven
next
to
renouncing
of
God
,
which
can
be
more
perfidious
,
and
more
pernicious
to
the
People
,
than
the
withdrawing
from
them
;
and
doth
acknowledge
that
the
Arbitrary
Rule
was
once
most
safe
for
the
World
:
But
now
,
since
most
Countries
have
found
out
an
Art
,
and
peaceable
Order
for
publick
Assemblies
(
he
means
by
Representatives
)
whereby
the
People
may
assume
its
own
Power
,
and
do
it self
Right
,
without
the
disturbance
of
it self
,
or
injury
to
Princes
,
he
is
very
unjust
that
will
oppose
this
Art
and
Order
.
In
answer
to
which
it
ought
to
be
considered
,
That
the
Representative
Body
deserves
the
highest
Honour
and
Observance
that
can
be
given
to
the
Body
Represented
;
Answer
,
What
Honour
is
due
to
Representatives
of
the
Subjects
.
but
this
Honour
will
depend
upon
two
things
:
First
the
quality
and
condition
of
the
Body
represented
,
and
Secondly
,
on
the
quality
of
the
Representative
it self
.
If
therefore
the
Body
at
large
were
an
absolute
Sovereign
(
as
in
Republicks
,
)
the
true
Representative
of
that
Body
were
to
be
observed
with
all
Sovereign
Honour
,
and
due
Subjection
:
But
when
the
Body
at
large
it self
is
but
a
Subject
(
as
it
is
in
Monarchy
)
the
Honour
and
Authority
of
the
Representative
,
cannot
exceed
the
Honour
and
Authority
of
a
Subject
;
for
none
can
make
the
Image
more
than
the
Original
,
or
,
without
Adulterating
Arts
,
appear
so
.
Therefore
however
abhorrent
a
Crime
he
makes
it
,
in
such
as
concurr
not
in
their
Judgment
with
their
Representatives
that
exceed
their
Authority
and
Commission
:
yet
all
sober
and
just
Persons
ought
to
consider
that
the
Subjects
by
giving
Authority
to
some
of
their
own
Order
,
to
represent
them
,
and
advise
,
and
consent
for
them
,
gave
them
no
such
Power
above
that
of
Subjects
;
yea
so
much
above
the
condition
of
their
Sovereigns
,
that
neither
breach
of
Faith
,
nor
the
Oaths
of
Allegiance
and
Supremacy
(
which
they
never
took
to
them
)
or
any
other
Duty
to
their
King
,
was
comparable
to
the
withdrawing
from
the
Vote
,
or
Act
of
their
Representators
:
as
if
the
Rights
of
the
Crown
and
Kingdom
,
and
the
Laws
made
by
the
King
,
with
the
assent
of
the
three
Estates
in
Parliament
,
did
not
so
much
concern
the
Commons
of
the
Land
;
but
that
against
all
these
they
stood
solely
bound
to
the
Representatives
,
as
the
only
Sovereign
of
their
Obedience
.
I
shall
now
offer
some
Reasons
against
this
dangerous
Opinion
.
First
,
It
is
to
be
considered
,
Reasons
against
the
Power
of
Representatives
.
That
in
our
Kingdom
the
Representors
are
not
equally
chosen
(
as
in
the
united
Provinces
,
and
other
Commonwealths
)
but
it
lies
in
the
Power
of
the
Sovereign
here
to
make
a
Town
equal
in
number
of
Burgesses
to
a
County
:
which
doth
vehemently
demonstrate
,
That
the
first
Institution
and
end
of
such
Representatives
was
rather
to
minister
Information
of
the
State
and
Condition
of
that
particular
place
,
and
advise
and
assist
the
Sovereign
,
and
to
consent
with
him
,
and
not
to
determine
Sovereignly
.
Secondly
,
The
cockering
the
People
in
that
Opinion
,
that
the
Soveraignty
lies
in
Materia
prima
in
them
,
and
by
their
Representatives
,
that
they
may
exert
it
,
is
the
certain
way
to
ruin
not
only
Monarchy
,
but
all
government
:
as
was
evident
in
the
case
of
the
Rebellious
House
of
Commons
,
in
King
Charles
the
First
's
time
,
who
prided
themselves
so
much
with
the
Title
of
Representatives
;
and
by
pretext
of
that
and
the
Assistance
of
their
Army
,
having
unyoked
themselves
from
all
Subjection
to
their
Lawful
King
,
and
disengaged
themselves
from
their
dangerous
and
useless
Collegues
,
the
Lords
(
as
they
then
voted
them
)
after
some
while
they
lost
their
Honour
and
Reverence
with
their
own
Army
,
who
then
would
be
the
People
,
and
pulled
them
out
of
their
House
;
justly
charging
them
with
a
design
to
perpetuate
themselves
.
And
so
the
Tyrannical
Supremacy
was
exercised
by
Cromwell
,
and
his
Council
of
Officers
a
while
,
and
after
by
himself
,
and
his
mock-Representatives
,
by
Councils
of
State
and
Safety
,
and
such
new
Names
and
Powers
,
as
our
Laws
never
heard
of
;
and
all
this
under
pretence
that
they
Acted
by
the
Peoples
Authority
and
suffrage
;
and
all
the
sad
Devastations
of
that
Age
resulted
from
the
confiding
so
much
in
the
pretended
Representatives
of
the
People
.
Which
[
](A46988-e136170-b)(a)
(a)
England's
Universal
Distraction
,
p.
4.
one
some
Years
before
the
sad
Catastrophe
,
plainly
foretold
;
tho'
like
belief
was
given
to
him
,
as
of
old
to
Cassandra
.
His
Words
are
,
That
the
so
much
exalting
the
Power
of
the
Representatives
,
was
first
to
destroy
the
King
by
the
Parliament
,
and
next
the
Parliament
and
Kingdom
by
the
People
.
Thus
ignorant
Politicians
that
build
upon
such
Quick-sands
,
soon
live
to
see
their
Insanae
Structurae
ruinously
fall
about
their
Ears
.
Thirdly
,
Whereas
the
Advocates
for
the
Representatives
,
would
gladly
have
possessed
the
People
that
they
could
rely
upon
none
so
securely
and
safely
,
as
upon
those
they
had
themselves
chosen
;
they
being
less
subject
to
private
ends
and
affections
,
than
any
particular
man
,
such
a
Body
being
not
likely
to
counsel
or
consent
to
any
thing
,
but
what
is
publickly
advantageous
.
It
is
to
be
considered
,
that
it
is
a
false
Postulatum
:
Such
a
Body
being
but
an
Aggregate
of
particulars
,
may
have
as
many
private
ends
as
any
other
number
of
Subjects
;
it
being
well
known
,
that
Communities
themselves
are
subject
to
dangerous
Inclinations
from
private
Incitements
;
and
I
the
Representatives
subject
to
misleading
Factions
,
and
Ambitions
of
private
Men
;
and
by
coalition
of
Parties
(
when
they
fall
into
designs
)
they
are
most
dangerous
and
fatally
violent
:
and
tho'
it
may
,
at
first
View
,
seem
to
be
repugnant
,
that
an
Universality
should
have
private
ends
;
yet
seeing
it
is
not
the
number
of
Agents
,
but
the
capacity
in
which
they
act
,
and
the
quality
of
the
Actors
,
and
the
coherence
or
incoherence
of
what
they
pursue
(
with
the
publick
end
and
weal
)
which
makes
the
Actions
of
men
public
or
private
:
It
must
needs
follow
,
That
if
without
Authority
,
or
out
of
the
way
of
Public
Ordinances
,
men
pursue
any
thing
,
though
the
whole
Community
concur
in
the
pursuit
;
yet
it
is
all
of
the
nature
of
a
private
Action
,
and
done
to
a
corrupt
and
private
end
.
Because
the
Author
of
some
Observations
upon
some
of
K.
Charles
the
1st
.
Messages
,
was
reputed
the
great
Champion
of
the
two
Houses
,
I
shall
content
my self
with
culling
out
some
of
the
daringest
assertions
,
Why
Reason
and
Law
were
not
hearkned
to
by
the
Advocates
of
the
Long
Parliament
.
he
and
some
other
of
their
Triarii
used
,
and
apply
such
of
those
Answers
and
Reasonings
,
as
the
Learned
and
Loyal
offered
then
against
them
,
though
they
could
not
be
heard
,
while
the
Torrent
bore
all
down
the
stream
.
The
hideous
noise
of
Tumults
,
and
after
of
Drums
,
Trumpets
,
Cannons
and
Fire-Arms
hushed
and
silenced
all
the
still
voice
of
Law
and
Reason
:
But
now
it
is
to
be
hoped
,
when
Mens
Eyes
are
unsealed
,
the
Mask
and
Vizard
dropped
or
pulled
off
,
the
fatal
Consequences
of
such
pernicious
Principles
throughly
manifested
,
and
the
loud
Thunder
of
the
Two
Houses
Ordinance
allayed
,
mens
Spirits
will
be
better
fitted
to
hear
them
refuted
.
Besides
what
I
have
endeavoured
to
answer
before
,
concerning
the
Authority
of
the
Representative
,
which
they
would
make
an
Assembly
;
in
which
the
People
,
in
underived
Majesty
,
are
by
these
Proxies
convened
to
affirm
an
Imaginary
Power
,
supposed
to
be
theirs
originally
,
and
in
such
a
convention
to
be
put
in
execution
:
I
say
besides
this
,
which
in
several
places
I
have
refuted
,
That
filled
all
their
Declarations
,
Messages
and
Treatises
,
when
they
were
contriving
the
setting
up
the
Commons
House
Topmost
,
to
prove
,
That
they
were
a
Body
that
was
not
easily
corrupted
,
byassed
,
tempted
,
or
prevailed
upon
,
to
Act
any
thing
but
what
was
the
best
for
the
Peoples
advantage
.
Therefore
I
think
fit
in
many
particulars
to
shew
,
how
such
Bodies
may
be
warped
to
sinister
ends
,
and
especially
how
that
House
not
only
deceived
,
but
tyrannized
over
,
the
whole
Nation
.
Private
[
](A46988-e136320-b)(b)
(b)
Answer
to
Observer
,
p.
130
,
131.
How
Passions
,
Affections
,
Interests
,
and
Factions
may
sway
Representatives
.
Quarrels
and
the
memory
of
former
Sufferings
may
work
upon
some
;
discontent
and
envy
at
other
mens
preferment
may
transport
others
;
the
fear
of
the
lash
,
and
desire
to
secure
themselves
have
forced
some
to
personate
a
part
;
great
Offices
and
Honours
have
been
a
Pearl
in
some
Mens
Eyes
to
hinder
their
Fight
;
others
have
been
like
Organ
Pipes
,
to
whom
the
wind
of
popular
Applause
hath
only
given
a
sound
;
others
who
have
premeditated
their
Parts
before
their
design
was
discovered
,
have
upon
some
pretences
or
other
(
suppose
of
an
unlawful
Election
,
being
Monopolists
,
Abhorrers
,
or
such
like
)
got
those
excluded
by
Vote
,
whom
they
conceived
to
be
likely
to
oppose
their
designs
.
The
bewitching
Power
of
Oratory
prevails
upon
many
.
In
others
there
is
a
Speechless
Humour
of
following
the
Drove
.
The
Ambition
and
Covetousness
of
Representatives
.
Can
we
not
easily
conceive
several
of
this
Body
may
be
ambitious
,
which
would
prompt
them
to
alter
the
old
way
of
bestowing
Offices
,
and
collating
of
Honours
?
so
by
disservice
as
well
as
service
in
Parliaments
,
some
Men
have
obtained
Honours
,
Offices
and
Estates
,
finding
it
a
good
way
to
get
preferment
,
by
putting
the
King
upon
necessity
of
granting
.
Good
Woodmen
say
,
That
some
have
used
Deer-stealing
as
an
Introduction
to
a
Keepers
place
.
So
we
have
seen
a
Non-conformist's
mouth
stopped
(
I
might
instance
in
other
Professions
)
with
a
good
Benefice
;
whereas
,
before
he
was
satisfied
,
he
could
gape
as
wide
as
his
Neighbours
.
Others
by
more
only
ways
slip
into
Preferment
;
for
Covetousness
and
Ambition
will
sail
with
any
Wind.
The
Covetousness
of
the
Members
of
the
long
Parliament
by
woful
experience
was
found
insatiable
;
witness
their
Voting
for
one
anothers
Offices
,
Governments
,
satisfaction
for
their
losses
out
of
Delinquents
Estates
,
sharing
the
Kings
Lands
and
Revenue
,
the
Bishops
,
Deans
and
Chapters
Lands
,
and
the
Estates
of
the
Royal
Party
:
hence
together
with
the
itch
of
Arbitrary
rule
,
they
drew
the
determination
of
Causes
out
of
the
ordinary
Courts
of
Justice
,
before
their
Houses
and
Committees
of
them
,
and
in
every
County
had
their
Sub-committees
to
Tyrannize
over
the
People
and
fleece
them
.
Their
cruelty
appeared
in
their
erecting
High
Courts
of
Justice
,
Major
Generals
,
and
other
Arbitrary
Courts
,
The
Cruelty
of
the
Long
Parliament
.
where
many
a
Loyal
and
brave
man
,
for
serving
his
King
,
against
such
Rebels
,
either
lost
his
Life
or
his
Liberty
and
Estate
;
and
when
they
were
the
gentlest
,
yet
they
could
show
hatred
enough
,
by
Imprisoning
,
upon
I
know
not
what
suspicion
,
and
at
leasure
prosecuting
such
as
they
had
a
pique
against
.
The
partiality
of
Members
in
such
Conventions
are
very
frequent
,
The
Partiality
.
in
shielding
their
friends
from
being
questioned
,
though
their
Corruptions
were
notorious
to
all
the
World
.
So
in
the
fatal
Parliament
of
1641.
A
Monopolist
,
if
a
Loyal
man
,
was
sure
to
be
expelled
the
House
;
but
if
a
favourer
of
the
Cause
,
he
was
never
recriminated
with
that
or
any
other
by-past
or
present
ill
disposition
.
In
such
Assemblies
there
often
happen
one
sort
of
People
,
who
are
always
representing
grievances
,
complaining
of
Male-administration
,
troubling
the
Church
and
State
,
shaking
up
the
Lees
and
Dregs
in
the
richest
Vessel
of
Wine
,
these
have
learned
to
catch
Eels
.
Tacitus
notes
the
corruptions
of
the
Roman
Senate
,
The
Corruptness
of
the
Roman
Senate
.
which
necessitated
the
change
of
that
State
into
a
Monarchy
under
Augustus
,
fully
,
significantly
,
and
concisely
after
his
manner
,
Suspecto
Senatus
Populique
imperio
ob
certamen
Potentium
,
avaritiam
Magistratuum
,
invalido
legum
auxilio
,
qua
vi
,
ambitu
,
postremo
pecuniaturbabantur
.
The
Provinces
observing
in
this
Supremacy
of
the
Senate
and
People
,
the
contests
of
the
most
Powerful
,
the
Covetousness
of
the
Magistrates
,
the
feeble
help
the
Laws
afforded
(
by
the
Arbitrariness
of
the
Senate
,
we
may
presume
)
by
what
force
and
moyen
;
and
lastly
,
how
all
things
were
distracted
by
Bribery
,
they
were
the
more
easily
induced
to
admit
of
one
Soveraign
.
These
particulars
were
most
obvious
in
the
fatal
House
of
Commons
.
Besides
these
things
I
have
hinted
at
,
Of
cunning
and
designing
Men.
in
such
a
body
as
we
are
speaking
of
(
where
there
cannot
want
men
designing
some
dangerous
Revolutions
,
for
the
establishing
their
own
greatness
)
though
some
few
wise
men
may
be
apprehensive
of
their
designs
,
yet
we
know
maxima
est
pars
artis
celare
artem
.
Such
contrivers
will
be
sure
by
all
imaginable
Arts
to
conceal
their
intentions
,
and
obtain
an
Ascendent
over
the
Judgment
of
the
gross
Body
,
who
either
are
not
so
quick-sighted
,
or
aiming
at
no
such
things
themselves
,
judge
others
candor
by
their
own
,
and
so
by
their
helps
the
designers
may
carry
the
Vote
against
even
such
as
penetrate
further
into
the
aims
of
the
Contrivers
,
than
the
Majority
do
;
so
that
those
that
have
good
ends
may
be
hood
winked
by
others
whose
ends
are
worse
,
Fallit
enim
vitium
specie
virturis
&
umbra
.
and
private
ends
will
steal
upon
well
affected
:
for
all
grand
Conspiracies
are
veiled
under
the
Mask
of
Reformation
,
of
removing
Grievances
and
evil
Counsellors
.
Gallant
and
vertuous
actions
do
not
more
often
ingratiate
men
with
such
a
mixed
body
,
than
a
rolling
Tongue
,
a
precipitate
Head
,
vain-glorious
profusion
,
oyly
insinuations
,
feigned
devotions
,
sufferings
(
though
deserved
)
from
Superiours
,
and
above
all
,
opposition
to
the
present
State
.
So
the
memorable
long
Parliament
of
1641.
by
the
specious
pretences
of
redressing
Grievances
,
The
specious
Pretences
of
the
Long
Parliament
.
taking
care
of
the
Public
,
and
particularly
of
the
Liberty
of
the
Subject
and
their
Privileges
,
together
with
vehement
Expressions
of
their
Resolutions
of
Establishing
the
Kings
Throne
,
upon
more
firm
foundations
of
the
peoples
Hearts
and
Affections
;
by
insensible
Screws
wound
themselves
into
the
credit
of
Patriots
,
and
being
thereby
able
to
carry
a
numerous
party
with
them
in
all
their
Votes
,
by
little
and
little
made
such
encroachments
upon
the
Soveraignty
,
that
having
undermined
it
,
past
support
,
they
took
the
advantage
of
its
fall
and
ruine
(
out
of
the
same
specious
pretence
,
that
the
Commonwealth
might
suffer
no
detriment
)
to
propose
their
long
designed
Model
of
Government
,
not
as
by
them
forethought
on
,
but
as
a
necessary
expedient
to
accomplish
the
end
(
as
they
pretended
)
they
had
all
this
while
been
aiming
at
,
viz.
the
Peoples
prosperity
,
which
〈◊〉
they
endeavoured
to
make
the
World
believe
they
were
most
Zealous
for
:
when
God
knows
,
the
upshot
of
all
was
the
total
dissolution
of
the
best
constituted
Government
,
and
the
Establishing
themselves
a
fattened
Commonwealth
out
of
the
rich
spoils
of
Monarchy
.
Yet
these
very
men
were
they
who
some
years
before
possessed
as
many
as
they
could
delude
,
with
an
opinion
,
Their
Hypocritical
Promises
.
that
none
knew
better
,
nor
affected
more
the
sweetness
of
so
well
ballanced
a
Monarchy
,
than
they
;
and
that
the
Kings
just
Authority
was
Sacred
to
them
that
they
would
make
him
more
rich
and
glorious
than
any
of
his
Predecessors
.
The
Observer
told
the
World
,
That
it
had
been
often
in
the
Power
of
former
Parliaments
,
to
load
the
Government
with
greater
Fetters
and
Clogs
,
but
they
would
not
;
and
that
change
of
Government
could
not
be
in
their
desires
,
because
the
advantage
of
the
Lords
and
Commons
in
the
State
was
so
great
,
that
no
change
of
Government
could
better
them
,
except
each
one
could
obtain
an
hereditary
Crown
.
But
these
were
but
vain
flourishes
and
empty
aiery
offers
:
success
altered
their
Principles
,
and
they
were
ill
troubled
to
find
out
excuses
and
evasions
after
the
Murther
of
the
Blessed
King
,
and
change
of
Government
,
for
these
their
so
hypocritical
Declarations
.
From
all
which
I
shall
only
desire
that
Posterity
may
be
cautious
how
they
credit
the
truth
of
those
,
who
in
such
Conventions
are
the
most
active
for
any
Innovation
,
if
they
see
that
they
zealousliest
pretend
some
greater
happiness
to
the
People
,
by
lessening
the
Authority
of
the
Crown
.
It
is
reported
of
Frederick
the
Emperour
,
[
](A46988-e136570-b)(c)
(c)
Aeneas
Sylvius
de
diaetis
Fred.
Imp.
that
in
the
Speech
to
the
Senators
,
he
desired
them
before
they
entred
into
the
House
of
their
Assembly
,
they
would
leave
two
things
behind
them
,
and
then
they
would
give
right
Judgment
;
and
being
asked
what
those
were
,
he
told
them
,
Simulatio
&
dissimulatio
.
Counterfeiting
and
Dissembling
.
Another
of
their
Arguments
,
How
many
Counsellors
may
mislead
.
for
the
preference
of
the
Houses
Counsel
before
all
other
Councils
,
was
,
that
many
Eyes
of
so
many
choice
Gentlemen
from
all
parts
,
see
more
than
fewer
;
which
Sophism
easily
midwived
in
the
conclusion
,
that
then
the
two
Houses
judgment
of
Affairs
was
to
be
preferred
before
the
King
and
his
Privy
Councils
,
and
the
Commons
before
the
Peers
;
and
by
a
parity
of
Reason
(
though
they
desired
not
it
should
be
urged
so
far
home
)
that
the
body
of
the
People
was
to
be
preferred
before
the
Commons
House
,
which
might
be
urged
upon
as
common
a
Proverb
,
That
By-standers
see
more
than
Gamesters
.
But
who
are
so
blind
as
those
that
will
not
see
?
Those
very
Seers
if
they
would
have
made
use
of
their
Eyes
,
to
have
perused
the
Histories
of
former
Ages
,
on
what
specious
pretensions
Rebellions
had
begun
,
and
how
the
Laws
had
settled
the
Government
in
an
unparallel'd
security
of
the
Peoples
Rights
,
as
well
as
the
Prerogative
of
the
Crown
,
or
by
serious
consideration
foreseen
the
certain
and
inevitable
miseries
that
would
follow
the
weakning
of
the
Crown
,
and
the
necessitating
the
King
for
his
defence
to
take
up
Arms
:
these
quick-sighted
Commoners
might
have
prevented
all
those
Calamities
that
ensued
.
The
Elected
like
the
Electors
.
Whoever
considers
how
easie
it
is
to
possess
a
People
with
prejudices
against
the
Government
(
of
which
elsewhere
I
must
enlarge
)
will
soon
find
that
it
is
no
difficult
matter
to
have
such
Elections
of
Members
as
were
like
to
be
of
the
same
perswasion
with
the
Electors
;
So
that
in
such
cases
,
it
is
not
to
be
wondred
at
,
that
a
majority
of
Votes
might
be
opposite
to
more
judicious
and
foreseeing
Members
judgments
;
neither
is
the
Maxim
universally
true
,
for
it
must
be
caeteris
paribus
,
if
all
things
be
alike
.
For
it
is
not
sufficient
for
an
Adviser
to
see
,
unless
he
can
let
another
see
by
the
light
of
Reason
.
A
man
ought
not
implicitely
to
ground
his
Actions
upon
the
Authority
of
other
mens
Eyes
,
whether
many
or
few
,
but
of
his
own
.
One
Physician
may
see
more
into
the
state
of
a
mans
body
than
many
Empiricks
.
One
experienced
Commander
may
know
more
in
Military
Affairs
than
ten
fresh-water
Souldiers
.
One
old
States-man
in
his
own
Element
is
worth
many
new
Practitioners
.
One
man
upon
a
Hill
may
see
more
than
an
Hundred
in
a
Valley
.
And
who
will
deny
but
among
an
Hundred
,
one
of
them
may
have
a
stronger
Eye
,
and
see
clearer
and
further
than
all
the
Ninety
Nine
?
So
one
Paphnutius
in
the
Council
of
Nice
,
saw
more
than
many
greater
Clerks
.
And
it
is
no
new
thing
to
find
one
or
two
men
in
the
Parliament
change
the
Votes
of
the
House
.
Therefore
nothing
is
got
by
this
way
of
arguing
,
though
it
be
one
of
the
plausiblest
,
and
most
improveable
of
any
of
the
Topicks
they
choose
.
And
if
we
could
be
sure
that
all
the
Members
of
such
Assemblies
were
free
from
all
the
imperfections
such
are
liable
to
,
much
might
be
yielded
to
it
.
All
these
Arguments
were
used
for
that
sole
end
,
that
they
might
possess
their
Party
with
the
reasonableness
of
their
desires
to
the
King
,
that
he
would
implicitly
yield
up
his
reason
to
the
guidance
of
their
Councils
.
They
were
not
so
frontless
at
first
,
Concerning
the
Negative
Voice
.
as
positively
to
deny
the
Kings
negative
Vote
in
Parliament
,
that
had
never
been
doubted
,
and
there
is
good
reason
it
should
be
a
most
sure
Fundamental
of
the
Government
,
since
nothing
can
be
Statute-law
but
that
to
which
the
King
assents
,
Le
Roy
le
veult
.
For
who
can
be
said
to
will
that
hath
not
the
Power
to
deny
?
Si
vult
is
scire
an
velim
,
efficite
us
possim
nolle
.
Seneca
.
But
they
affirmed
that
in
Cases
extraordinary
,
when
the
Kingdom
was
to
be
saved
from
ruine
,
the
King
seduced
,
and
preferring
dangerous
men
,
it
was
necessary
for
them
to
take
care
of
the
Publick
.
And
then
the
Kings
denying
to
pass
their
Bills
,
was
a
deserting
of
them
;
Objection
,
That
in
Cases
of
Extraordinary
necessity
,
the
Houses
to
have
Power
to
secure
the
People
from
Tyranny
.
Otherwise
they
alledged
Parliaments
had
not
sufficient
Power
to
restrain
Tyranny
,
and
so
they
boldly
affirmed
they
had
an
absolute
indisputable
Power
in
declaring
Law
;
and
(
as
their
Observer
words
it
)
they
are
not
bound
to
Precedents
,
since
Statutes
cannot
bind
them
,
there
being
no
obligation
stronger
than
the
Justice
and
Honour
of
Parliaments
.
And
to
summ
up
all
,
he
tells
us
,
if
the
Parliament
(
meaning
the
two
Houses
)
be
not
vertually
the
whole
Kingdom
it self
;
if
it
be
not
the
supreme
Judicature
,
as
well
in
matters
of
State
as
matters
of
Law
;
if
it
be
not
the
great
Council
of
the
Kingdom
as
well
as
of
the
King
to
whom
it
belongeth
,
by
the
consent
of
all
Nations
,
to
provide
in
all
extraordinary
cases
,
ne
quid
detrimenti
capiat
Respublica
:
let
the
brand
of
Treason
,
saith
he
,
stick
upon
it
.
Indeed
because
by
all
these
most
false
,
and
impious
assertions
,
and
those
horrid
Acts
built
upon
them
,
they
brought
so
great
a
ruine
to
the
Kingdom
,
they
are
and
ever
will
be
(
u●less
a
Platonick
year
return
again
)
branded
with
Rebellion
in
the
highest
degree
.
To
answer
this
Accumulation
of
Treasonable
Positions
(
for
such
I
hope
I
may
call
,
in
some
sence
,
Answer
.
what
is
against
the
Kings
Crown
and
Dignity
)
is
no
ways
difficult
from
the
discourse
of
right
constituted
Parliaments
:
For
those
of
them
that
carry
any
shew
of
Reason
,
are
such
only
as
may
be
understood
of
Acts
of
Parliament
compleated
by
the
Royal
Assent
;
but
being
spoken
of
either
or
both
Houses
in
opposition
to
the
King
,
they
are
most
false
,
as
I
shall
shew
in
particular
.
For
First
,
If
the
two
Houses
are
not
bound
to
keep
any
Law
,
no
man
can
accuse
them
of
breach
of
any
:
What
obligation
can
Justice
lay
on
them
who
by
a
strange
vertue
of
Representation
are
not
capable
of
doing
wrong
?
But
it
is
well
known
that
Statutes
stand
in
full
force
to
the
two
Houses
,
as
being
not
void
till
repealed
by
a
joynt
consent
of
the
King
and
the
two
Houses
.
It
would
be
much
for
the
credit
of
the
Observers
desperate
Cause
,
if
he
were
able
to
shew
one
such
Precedent
of
an
Ordinance
made
by
Parliament
without
the
Kings
assent
,
that
was
binding
to
the
Kingdom
in
nature
of
a
Law
.
Our
Kings
can
repeal
no
Laws
by
their
own
Prerogative
,
though
they
may
suspend
the
Execution
.
It
seems
the
Houses
would
have
Power
to
do
both
;
and
our
Author
in
another
place
,
thinks
it
strange
that
the
King
should
assume
or
challenge
such
a
share
in
the
Legislative
Power
to
himself
,
as
without
his
concurrence
the
Lords
and
Commons
should
have
no
right
to
make
Temporary
Orders
,
for
putting
the
Kingdom
into
a
Posture
of
Defence
.
These
were
strange
Phrases
never
heard
before
by
English
Ears
.
Our
Laws
give
this
Honour
to
the
King
,
That
he
can
joyn
or
be
sharer
with
no
man
.
The
King
like
Solomon's
true
Mother
,
challengeth
the
whole
Child
,
not
a
divisible
share
,
but
the
very
life
of
the
Legislative
Power
.
The
Commons
present
and
pray
,
the
Lords
advise
and
consent
,
the
King
Enacts
.
Secondly
,
The
Houses
have
no
Power
to
declare
Law
.
As
to
their
claiming
an
absolute
Power
in
declaring
Law
,
it
is
as
bold
and
false
an
Assertion
as
the
other
,
when
spoken
of
the
two
Houses
.
They
may
vote
in
order
to
a
new
Bill
,
the
explaining
or
repeal
of
any
Law
formerly
made
,
or
prepare
a
Bill
for
any
New
Law
,
and
that
is
all
they
can
do
;
but
authoritatively
to
declare
any
Law
,
is
most
contrary
to
the
Constitution
of
the
Houses
,
and
never
was
adjudged
one
of
their
Privileges
.
Thirdly
,
As
to
the
Justice
and
Honour
of
a
Parliament
,
when
the
State
is
in
quiet
,
and
the
Conventions
only
for
making
wholsome
Laws
for
the
Publick
weal
,
there
are
no
Factions
in
Court
or
Country
,
no
private
Intriegues
to
be
managed
,
the
People
neither
uneasie
nor
discontented
;
then
it
is
to
be
expected
,
That
none
but
the
wisest
,
and
wealthiest
of
the
Gentry
will
be
chosen
Members
of
that
August
Assembly
,
and
their
Justice
and
Honour
will
be
conspicuous
in
all
their
Actions
.
But
have
we
not
known
Houses
of
Commons
composed
of
other
kinds
of
Persons
,
who
have
voted
their
own
Justice
and
Honour
to
be
,
to
imprison
their
fellow
Members
,
and
fellow
Subjects
in
an
Arbitrary
way
?
How
[
](A46988-e136860-b)(d)
(d)
Address
,
part
3.
p.
121.
could
a
generous
Soul
,
conscious
to
himself
he
had
transgressed
no
Law
,
kneel
at
the
Bar
of
such
a
House
with
the
same
submission
,
as
if
he
believed
the
Speaker
infallible
,
and
every
Member
an
Angel
!
But
the
Observer
,
Objection
,
That
if
the
King
have
a
Negative
Voice
,
there
will
be
no
need
of
Parliaments
.
and
his
Pewfellows
urge
,
That
if
the
Houses
can
do
no
Act
for
publick
good
without
the
King's
consent
,
and
if
the
King
may
reject
their
Counsels
and
Advice
;
it
were
needless
to
put
the
Country
to
the
charge
of
choosing
Members
of
Parliament
.
And
if
the
King
may
prefer
other
opinions
before
Parliamentary
Motives
,
then
Parliaments
are
vain
and
useless
helps
,
Princes
are
unlimited
,
and
the
People
miserable
.
These
Objections
are
of
such
an
odious
nature
,
Answer
.
That
no
good
Subject
can
take
delight
in
them
,
whose
duty
is
to
pray
for
the
like
consent
among
the
several
Orders
of
the
Kingdom
,
as
is
supposed
to
be
among
the
several
Orbs
of
Heaven
:
The
King
undoubtedly
the
Primum
movens
;
the
Great
and
Privy
Council
the
lower
Spheres
.
The
usual
(
but
not
the
only
)
form
of
the
Kings
Answers
to
such
Bills
as
they
were
not
willing
to
pass
,
Le
Roy
s'avisera
,
proves
,
[
](A46988-e136960-b)(e)
(e)
Answer
to
Observations
,
p.
56.
That
after
the
advice
of
this
his
Great
Council
,
he
is
yet
at
liberty
to
advise
further
with
persons
or
occasions
,
as
his
own
Wisdom
shall
think
meet
.
But
these
Authors
will
by
no
means
take
notice
,
That
the
use
of
Council
is
to
perswade
,
not
to
compel
;
as
if
a
Man
in
business
of
great
concernment
might
not
very
prudently
consult
with
many
Friends
,
and
yet
at
last
follow
the
advice
perhaps
of
one
,
if
it
appear
more
proportionable
to
the
end
he
aims
at
.
If
it
were
because
they
are
a
more
numerous
body
,
therefore
their
Counsel
is
upon
that
account
to
be
yielded
to
;
then
the
liberty
of
dissenting
may
be
denied
to
the
House
of
Peers
,
in
comparison
of
the
House
of
Commons
;
and
to
that
House
too
in
comparison
of
the
People
:
and
so
both
King
,
Lords
and
Commons
are
voted
out
of
Parliament
.
Besides
Natural
Wisdom
and
Fidelity
,
there
is
a
thing
called
Experience
,
of
high
concernment
in
the
managery
of
Publick
Affairs
.
He
that
will
steer
one
Kingdom
aright
,
must
know
the
right
Constitution
of
all
others
,
their
Strength
,
their
Affections
,
their
Counsels
and
Resolutions
,
that
upon
each
different
Face
of
the
Skie
,
he
may
alter
his
Rudder
.
The
best
Governments
have
more
Councils
than
one
:
One
for
the
Publick
Interest
of
the
Kingdom
,
another
for
the
Affairs
of
State
,
a
Council
for
War
,
and
a
Council
for
Peace
.
Let
them
be
as
wise
and
faithful
Counsellors
as
the
Observer
pleaseth
,
only
let
them
be
but
Counsellors
.
Necesse
est
us
Lancea
in
libra
ponderibus
impositis
deprimi
,
sic
animum
perspicuis
cedere
.
Let
their
conlusions
have
as
much
credit
as
the
premisses
deserve
;
and
if
they
can
necessitate
the
Prince
by
weight
of
Reason
,
and
convincing
Evidence
of
experience
,
let
them
do
it
on
Gods
name
.
But
it
is
not
to
be
done
upon
the
Authority
of
a
bare
Vote
,
as
I
think
all
uninterested
persons
are
satisfied
in
the
Votes
of
the
Houses
in
1641.
about
the
Militia
,
Church-Government
,
and
the
voted
Nineteen
Propositions
,
or
the
late
Votes
about
the
Bill
of
Seclusion
,
the
Repealing
of
the
branch
of
the
Statute
of
Queen
Elizabeth
against
Protestant
Dissenters
,
and
the
Loans
upon
the
Kings
Revenue
.
There
are
other
ends
besides
Counsel
,
for
which
Parliaments
are
called
,
as
consenting
to
new
Laws
,
furnishing
the
Public
with
Moneys
,
and
maintaining
the
Interest
of
the
Government
and
liberty
of
the
Subject
:
from
the
removing
one
social
end
,
to
inferr
that
an
Action
is
superfluous
,
deserves
no
answer
but
silence
and
contempt
.
This
should
teach
the
Electors
Wisdom
not
to
chuse
such
as
have
Factious
Bents
,
or
are
not
truly
qualified
in
their
Allegiance
to
their
Prince
;
or
Malecontents
,
who
render
such
Conventions
useless
to
the
Publick
Ends
of
Government
,
and
the
Peace
,
Tranquillity
,
and
Prosperity
of
both
Prince
and
People
.
Because
the
Long
Parliament
Writers
would
have
no
Stone
unturned
,
nor
any
specious
Argument
uninforced
,
Concerning
the
Coronation-Oaths
of
the
King
of
England
.
that
might
bring
the
King
to
their
Lure
,
to
consent
to
what
they
proposed
;
they
endeavoured
to
make
the
World
believe
,
that
the
King
was
bound
by
his
Coronation
Oath
to
pass
all
such
Bills
as
they
presented
,
or
tendered
to
him
,
grounding
,
as
Mr.
Prynne
,
and
others
alledged
,
on
a
promise
of
the
Kings
at
his
Coronation
,
to
grant
and
keep
the
Laws
and
Customs
which
the
Commonalty
shall
chuse
.
Before
I
come
to
give
the
particular
Answer
,
I
think
it
not
unfit
to
take
this
opportunity
to
give
a
full
account
of
the
Coronation
Oaths
of
our
Kings
,
and
how
the
same
from
Age
to
Age
were
varied
,
by
which
the
Ingenious
Reader
will
find
,
what
the
respective
Kings
by
their
Oaths
did
promise
.
That
I
may
deduce
,
as
high
as
I
have
yet
found
,
the
Original
of
Soveraign
Princes
taking
Oaths
at
their
Coronations
;
it
may
be
noted
,
that
the
first
Emperor
that
was
Crowned
,
and
had
any
Coronation
Oath
prescribed
,
was
[
](A46988-e137090-b)(f)
(f)
Evagrius
His●
.
Eccles.
lib.
3.
c.
32.
Who
first
took
a
Coronation-Oath
.
Anastasius
the
Greek
Emperor
,
who
being
elected
by
the
Senate
and
Soldiers
about
Ann.
486.
Euphemius
,
Patriarch
of
Constantinople
,
(
suspecting
him
to
be
addicted
to
the
Heresy
of
Eutychius
and
the
Manichees
,
)
would
not
consent
to
his
Coronation
,
till
he
should
deliver
him
a
Writing
under
his
Hand
,
ratified
with
his
Oath
,
wherein
he
should
plainly
declare
,
That
if
he
were
Crowned
Emperour
,
he
would
maintain
the
true
Faith
,
and
Synod
of
Chalcedon
during
his
Reign
,
and
bring
in
no
Novelty
to
the
Church
of
God
.
This
Writing
,
ratified
with
his
Oath
,
Macedonius
the
Treasurer
was
to
keep
;
and
after
he
was
made
Patriarch
,
the
Emperor
demanded
it
,
and
said
,
It
was
a
great
discredit
unto
his
Subjects
,
that
his
Hand-writing
should
be
kept
to
testifie
against
him
,
or
that
he
should
be
tied
to
Pen
and
Paper
.
There
is
no
mention
of
any
Coronation
Oath
used
from
thence
,
to
the
Year
804.
that
[
](A46988-e137210-b)(g)
(g)
Eutrop.
lib.
24.
p.
145
,
146.
Zonar
.
Annal.
tom.
3.
fol.
142
,
143.
Imperatorio
Diademate
est
ornatus
,
postulato
prius
scripto
quo
promitteret
se
nulla
Ecclesiae
statuta
violaturum
.
Stauratius
,
(
Son
to
Nicephorus
,
slain
in
his
Wars
against
the
Bulgarians
)
being
declared
Emperor
by
some
:
Michael
Curopolata
was
adorned
by
the
Patriarch
,
with
the
Diadem
,
a
Writing
before
being
desired
,
in
which
he
promised
to
violate
none
of
the
Statutes
of
the
Church
,
&c.
Which
is
the
first
Precedent
of
a
Promise
,
not
an
Oath
,
demanded
from
,
or
given
by
any
Roman
King
for
confirming
the
Laws
of
the
Church
,
&c.
The
first
Emperor
Crowned
at
Rome
by
any
Pope
,
[
](A46988-e137360-b)(h)
(h)
Onuphr
.
was
Charles
the
Great
,
Anno
800.
but
without
an
Oath
;
and
Henry
the
Fifth
[
](A46988-e137400-b)(i)
(i)
Dicens
Imperatorem
nemini
jurari
debere
,
cum
juramentorum
sacramenta
ab
omnibus
sint
sibi
adhibenda
.
Hermold
.
Chron.
Scl.
l.
1.
c.
40.
Sim.
Dunelm.
232
,
237.
refused
to
take
any
Corporal
Oath
,
saying
,
That
an
Emperor
ought
to
Swear
to
none
:
for
that
Oath
,
i.
e.
of
Fealty
,
ought
to
be
made
to
him
from
all
.
I
shall
not
with
Mr.
Prynne
(
in
his
Epistle
Dedicatory
to
his
third
Tome
of
Chronological
Vindication
,
)
meddle
with
the
dispute
,
how
the
Canonists
argue
from
the
Popes
Crowning
of
Emperors
and
Kings
,
that
they
acquire
a
Spiritual
and
Temporal
Monarchy
over
them
,
as
their
Sovereign
Lords
.
For
that
however
some
may
hold
the
Doctrine
,
yet
it
is
exploded
by
most
.
As
to
the
Crowning
and
Anointing
of
some
British
and
Saxon
Kings
,
I
must
refer
the
Reader
to
Mr.
Selden
[
](A46988-e137490-b)(k)
(k)
Tit.
Hon.
part
1.
c.
8.
fol.
149.
,
and
Mr.
Prynne
in
the
forecited
Epistle
.
The
first
of
our
Kings
that
is
recorded
in
History
to
have
taken
an
Oath
at
his
Coronation
,
was
Can●tus
;
of
whom
Sim.
[
](A46988-e137570-b)(l)
(l)
De
Gestis
Regum
Agg.
col.
173.
Wigorn.
Chro.
384.
Dunelmensis
,
and
others
give
this
account
,
That
after
the
death
of
Aethelred
,
the
Bishops
,
Abbats
,
Dukes
,
and
the
Nobles
of
England
,
and
the
most
part
of
the
men
of
the
Kingdom
,
as
well
of
the
Clergy
as
Laity
,
met
together
with
one
consent
at
Southampton
,
and
chose
Canutus
for
their
King
,
and
swore
Fealty
to
him
:
to
whom
he
also
swore
,
Quibus
ille
juravit
,
quod
&
secundum
Deum
&
secundum
seculum
,
fidelis
esse
vellet
eis
Dominus
.
King
Canutus
his
Oath
.
that
according
to
God
and
the
World
,
(
that
is
the
Laws
of
God
and
the
Kingdom
)
he
would
be
a
faithful
Lord
unto
them
.
Mr.
Prynne
here
no●es
,
that
Usurpers
more
frequently
used
to
take
such
Oaths
than
lawful
hereditary
Kings
.
So
when
the
Citizens
of
London
,
and
some
few
Noblemen
,
with
unanimous
consent
,
chose
[
](A46988-e137700-b)(m)
(m)
Clitonem
Eadmundum
unanimo
consensu
in
Reg●m
levavere
.
Matt.
Westm.
p.
410.
411.
Edmond
,
called
Ironside
,
the
eldest
Son
of
Aethelred
,
who
was
right
Heir
,
there
is
no
mention
of
an
Oath
.
So
when
Harold
reputed
Son
of
Cnute
was
Crowned
,
there
is
no
Oath
recorded
,
nor
of
any
taken
by
Hardicnute
,
right
Heir
of
Cnute
.
So
,
Anno
1041.
[
](A46988-e137810-b)(n)
(n)
Flor.
Wigorn.
Chro.
p.
404.
Edward
the
Confessor
's
Oath
.
Edward
the
Confessor
,
annuente
Cleno
&
Populo
,
Londoniis
in
Regem
eligitur
,
and
was
Crowned
,
Anointed
,
and
Consecrated
;
yet
not
any
of
our
Historians
,
besides
William
of
Malmsbury
de
gestis
Regum
,
Lib.
2.
c.
13.
p.
80.
speaks
of
an
Oath
,
who
saith
,
that
he
being
sent
for
by
the
Nobles
,
upon
terms
proposed
to
him
by
Earl
Godwyn
,
there
was
[
](A46988-e137890-b)(o)
(o)
Nihil
erat
quod
Edwardus
pro
necessilate
temporis
non
polliceretur
.
Ita
utrinque
fide
datae
quicquid
petebatur
,
sacramento
sirmavit
.
nothing
that
King
Edward
did
not
promise
,
by
reason
of
the
necessity
of
the
time
;
so
that
Faith
was
given
by
either
Party
,
and
what
was
desired
,
he
confirmed
by
Oath
:
but
this
was
in
their
private
Consultation
.
Yet
Archbishop
[
](A46988-e137910-b)(p)
(p)
In
Regem
Angliae
sublimatus
prius
juravit
se
Leges
Canuti
inviolabiliter
servaturum
.
Spelm.
Conc.
tom.
2.
p.
342.
Stratford
in
his
Epistle
to
King
Edward
the
First
,
saith
,
that
St.
Edward
being
raised
to
be
King
of
England
,
first
Swore
inviolably
to
keep
the
Laws
of
Canutus
.
We
find
no
Coronation
Oath
of
Harold
mentioned
.
Matt.
Westm.
Flor.
Hist
.
p.
433
saith
,
that
extorta
fide
a
Majoribus
,
Capiti
proprio
imposuit
Diadema
;
that
having
exacted
Fealty
of
the
great
Men
,
he
put
the
Crown
on
his
own
Head
:
and
after
when
Crowned
by
Archbishop
Alfred
,
William
the
Conqueror
's
Oath
.
he
took
no
Coronation
Oath
;
but
as
my
Author
saith
,
Leges
aequas
coepit
condere
.
[
](A46988-e138060-b)(r)
(r)
Elo.
Wigorn.
Chro.
p.
412.
Hoveden
part
.
Annal.
prior
.
p.
450.
Stubs
Acta
Pontif.
col.
1702.
Coram
Clero
&
Populo
jurando
promittere
se
velle
sanctas
Ecclesias
&
Rectores
earum
defendere
,
necnon
&
cunctum
populum
sibi
subjectum
justa
&
Regali
providentia
regere
,
rectam
Legem
statuere
&
tenere
,
Rapinas
injustaque
judicia
penitus
amovere
&
interdicere
.
Sim.
Dunelm
.
col.
195.
num.
43.
As
to
King
(q)
William
the
Conqueror
;
Aldred
Archbishop
of
York
Crowned
him
,
and
imposed
on
him
an
Oath
.
The
words
of
the
Authors
are
,
Ipsa
nativitatis
die
ab
Aldredo
Ebor.
Archiepiscopo
,
apud
Westmon
.
in
Regem
totius
Angliae
sublimiter
Coron●um
inunxit
,
&
consecravit
honorifice
:
Having
before
(
as
〈◊〉
Archbishop
required
from
him
)
before
the
Altar
of
St.
Peter
the
Apostle
,
before
the
Clergy
and
People
,
by
Oath
promised
,
That
he
would
defend
Holy
Church
,
and
the
Governours
of
it
(
which
Clause
occurs
not
before
)
and
likewise
govern
all
the
People
subjected
to
him
,
with
a
Just
and
Regal
Providence
,
and
appoint
and
hold
right
Law
,
and
wholly
remove
and
interdict
all
Rapines
,
and
unjust
Judgments
.
The
Oath
which
he
took
to
observe
St.
Edward's
Laws
,
was
afterwards
,
Anno
1072.
when
he
entring
into
a
Parly
with
the
English
Nobility
(
who
intended
to
have
set
up
Edgar
Atheling
,
because
King
William
had
violated
their
ancient
Laws
,
and
introduced
new
ones
)
he
,
by
the
Advice
of
Archbishop
[
](A46988-e138230-b)(r)
(r)
Man
.
Paris
vita
Fritherici
Abbatis
13.
St.
Albani
,
p.
30.
Lanfrank
,
Swore
that
bonas
&
antiquas
Leges
Regni
,
sc.
Leges
quas
Sancti
&
pii
Angliae
Reges
,
&
maxime
Rex
Edwardus
statuit
,
inviolabiliter
observare
.
Only
William
of
Malmsbury
[
](A46988-e138300-b)(s)
(s)
Modeste
erga
subjectos
ageret
,
&
aequo
jur●
Anglos
quo
Francos
tractaret
.
De
Gestis
Pontif.
lib.
3.
fol.
154.
saith
,
that
Aldred
the
Archbishop
would
not
consecrate
him
,
before
he
had
exacted
from
him
,
before
all
the
People
,
this
Oath
,
That
he
would
modestly
deport
himself
towards
all
his
Subjects
,
and
with
an
equal
Law
treat
the
English
as
he
did
the
French
.
William
Rufus
promised
to
Lanfranck
,
[
](A46988-e138380-b)(t)
(t)
Justitiam
,
aequitatem
,
&
misericordiam
se
per
totum
Regnum
,
si
Rex
foret
,
in
omni
negotio
servaturum
,
pace
libertatem
&
securitatem
Ecclesiae
contra
omnes
defensurum
.
Eadmerus
Hist.
Novel
.
lib.
1.
p.
13
,
14.
If
he
were
King
,
King
William
Rufus's
Oath
.
in
all
his
Affairs
,
through
all
his
Kingdom
,
to
preserve
Justice
,
Equity
,
and
Mercy
,
and
to
defend
the
Liberty
and
Security
of
the
Church
in
Peace
,
against
all
.
H.
Huntingdon
,
Lib.
7.
fol.
213.
b.
and
Hoveden
,
Anno
1088.
fol.
264.
b.
say
,
That
when
he
needed
the
help
of
the
English
,
he
promised
them
such
desirable
Laws
,
or
better
than
they
would
chuse
.
But
Malmsbury
and
others
say
,
he
kept
them
not
;
for
Usurpers
(
such
as
he
was
)
rarely
observe
the
Laws
,
or
their
Promises
,
further
than
they
serve
their
own
Interest
.
Therefore
Mr.
Prynne
notes
that
the
Promise
Eadmerus
,
and
[
](A46988-e138520-b)(u)
(u)
Col.
214.
Simeom
Dunelm
.
mention
,
was
before
he
was
King
;
and
the
other
Promise
was
,
when
most
of
the
Norman
Nobility
,
except
the
Archbishop
Lanfranck
,
designed
to
make
Robert
his
Brother
King
;
and
then
he
called
them
together
,
and
then
told
them
,
If
they
would
be
Faithful
to
him
,
[
](A46988-e138580-b)(w)
(w)
R.
Hoveden
,
part
.
1.
Annal.
p.
264.
b.
num.
20.
Meliorem
Legem
quam
vellent
eligere
,
eis
concederet
,
&
omne
injustum
Scottum
interdixit
.
[
](A46988-e138630-b)(x)
(x)
Lib.
7.
fol.
213.
b.
Huntingdon
saith
the
promised
them
exoptabiles
leges
,
and
that
they
should
have
their
Woods
and
Hunting
free
.
It
is
recorded
of
Henry
the
First
,
King
Henry
the
First
's
Oath
.
that
having
gathered
to
London
the
Clergy
of
England
and
all
the
People
,
he
promised
them
an
amendment
of
the
Laws
,
with
which
they
were
oppressed
in
the
time
of
his
Father
,
and
his
Brother
lately
deceased
,
that
he
might
obtain
their
[
](A46988-e138740-b)(y)
(y)
Vt
animos
corum
in
sui
promotionem
accenderet
.
good
Wills
to
his
Promotion
,
and
that
they
might
receive
him
for
their
King
and
Father
:
to
which
the
Clergy
and
all
the
Nobility
answered
,
[
](A46988-e138750-b)*
*
Si
animo
volenti
ipsis
vellet
concedere
,
&
charta
sua
communire
illas
libertates
&
antiquas
consuetudines
quae
floruerunt
in
Regno
tempore
Sancti
Regis
Edwardi
.
Mat.
Paris
250.
n.
53.
Hist.
Novel
.
lob
.
3.
p.
55.
That
if
with
a
willing
Mind
he
would
grant
them
,
and
with
his
Charter
confirm
all
the
Liberties
,
and
ancient
Customs
,
which
fl●rished
in
the
Kingdom
,
in
the
time
of
the
Holy
King
Edward
,
they
would
consent
to
him
,
and
unanimously
consecrate
him
King
;
and
he
freely
yielding
to
his
,
and
affirming
by
his
Oath
that
he
would
do
it
,
he
was
consecrated
King
,
the
Clergy
and
People
favouring
it
.
Eadmerus
saith
,
That
in
ipso
consecrationis
die
,
bonas
&
Sanctas
omni
Populo
Leges
se
servaturum
,
&
omnes
oppressiones
&
iniquitates
,
quae
sub
fratre
suo
emerserunt
,
in
omni
sua
dominatione
tam
Dei
Lege
,
quam
in
secularibus
negotiis
prohibiturum
,
&
subversurum
,
sposponderat
;
&
haec
omnia
Jurisjurandi
Interjectione
formula
per
totum
Regnum
divulgata
ire
praeceperat
,
and
when
he
was
Crowned
,
he
granted
the
Laws
recited
by
[
](A46988-e138830-b)(z)
(z)
Diademate
insi●nitas
has
libertates
subscriptas
in
Regno
ad
exaltationem
Sanctae
Ecclesiae
&
pacem
Populo
tenendam
concelsit
.
Mat.
Paris
Hist.
p.
46.
num.
40.
ult.
Edit.
Matthew
Paris
,
to
be
held
in
his
Kingdom
,
for
the
exalting
of
the
Holy
Church
,
and
Peace
of
his
People
:
which
Laws
being
at
large
recited
by
Matt.
Paris
,
may
be
perused
by
the
Inquisitive
,
wherein
he
will
find
how
far
the
old
Laws
were
confirmed
,
and
what
a
Foundation
there
was
laid
for
Magna
Charta
.
Concerning
King
Stephen
,
[
](A46988-e138900-b)(a)
(a)
Histor.
Novel
.
p.
101.
b.
num.
40.
Vide
Mat.
Paris
.
p.
62.
num.
35.
Malmsbury
saith
,
King
Stephen's
Oath
.
That
Henry
his
Brother
,
Bishop
of
Winchester
,
was
a
great
help
to
his
obtaining
the
Crown
,
having
great
hopes
that
he
would
follow
his
Grandfather
,
King
William's
Steps
,
in
the
Government
of
his
Kingdom
,
especially
in
matters
of
Ecclesiastical
Discipline
;
therefore
he
saith
,
William
,
Archbishop
of
Canterbury
,
〈◊〉
exacted
a
solemn
Oath
from
him
,
of
granting
and
preserving
the
Liberty
of
the
Church
:
the
Oath
it self
is
long
,
and
the
Immunities
to
the
Church
many
;
those
to
the
Laity
are
conceived
in
these
words
,
Omnes
Exactiones
,
&
Mescheningas
,
&
Injustitias
,
sive
per
Vicecomites
,
vel
per
alios
quoslibet
male
inductas
,
funditus
extirpo
.
Bonas
Leges
,
&
Antiquas
,
&
justas
Consuetudines
,
in
Murdris
,
&
Placitis
,
&
aliis
Causis
observabo
,
&
observari
praecipio
&
constituo
.
Malmsbury
saith
,
That
the
King
swore
according
to
the
tenor
of
the
Writing
he
there
produceth
,
Dated
at
Oxford
,
Anno
Dom.
1136.
1
Regni
.
I
find
no
mention
of
an
Oath
taken
by
K.
H.
2.
at
his
Coronation
;
but
[
](A46988-e139080-b)(b)
(b)
Chron.
col.
1043.
num.
67.
Brompton
saith
,
that
he
confirmed
the
Charter
of
his
Grandfather
King
Henry
the
First
,
King
Henry
the
Second's
Oath
.
and
that
he
was
sollicitous
,
ut
Lex
quae
extincta
videbatur
,
paulatim
exsurgeret
:
and
Matt.
Paris
[
](A46988-e139170-b)(c)
(c)
Hist.
1080
,
1081.
saith
,
That
Anno
1172.
he
swore
before
the
Cardinals
,
that
he
would
abrogate
all
the
evil
Customs
introduced
in
his
time
against
the
Church
.
We
find
that
Pope
Alexander
[
](A46988-e139220-b)(d)
(d)
Gul.
Newbrigensis
lib.
4.
c.
25.
Gerv.
Dorob
.
Chron.
col.
1413.
Matt.
Paris
,
p.
117.
the
Third
Excommunicated
several
Bishops
,
and
suspended
the
Archbishop
of
York
,
for
his
rash
Presumption
in
the
Coronation
of
a
new
King
,
in
contempt
of
the
Archbishop
of
Canterbury
,
to
whose
Office
of
ancient
Right
it
was
known
to
belong
;
and
for
that
in
the
Coronation
,
according
to
Custom
,
there
was
no
sworn
Caution
offered
or
exacted
by
them
for
the
keeping
of
the
Liberties
of
the
Church
:
but
afterwards
[
](A46988-e139290-b)(e)
(e)
Vt
Regni
consuetudines
antiquas
sub
quibus
dignitas
pericli●bitur
Ecclesiae
,
illibatae
debeant
omni
tempore
observari
.
Hoveden
.
Annal.
pars
poster
.
p.
518
,
519.
it
is
said
to
be
confirmed
by
Oath
,
that
the
ancient
Customs
of
the
Kingdom
(
from
which
the
dignity
of
the
Church
was
in
danger
)
should
inviolably
be
kept
in
all
time
to
come
.
The
Solemnities
of
King
Richard
the
First
's
Coronation
are
fully
described
by
the
Abbat
of
Jorval
:
[
](A46988-e139330-b)(f)
(f)
Rectam
Justitiam
exercebit
in
populo
sibi
commisso
,
leges
malas
&
consuetudines
perversas
si
aliqua
sint
in
Regno
suo
delebit
,
&
bonas
custodies
.
Brompton
,
col
1158.
num.
60.
and
as
to
his
Oath
,
King
Richard
the
First
's
Oath
.
he
saith
that
he
swore
and
vowed
(
the
Holy
Evangelists
,
and
the
Reliques
of
many
Saints
being
set
before
him
)
that
he
would
bear
Peace
,
Honour
,
and
Reverence
,
all
his
Life
,
to
God
and
the
Holy
Church
,
and
its
Ministers
;
and
then
he
swore
that
he
would
exercise
right
Justice
to
the
People
committed
to
him
:
and
after
he
swore
that
he
would
blot
out
,
or
abolish
evil
Laws
,
and
perverse
Customs
,
if
any
were
in
his
Kingdom
,
and
he
would
keep
good
Laws
.
I
find
that
King
John
took
an
Oath
as
Duke
of
Normandy
,
King
John's
Oaths
.
that
he
would
defend
Holy
Church
and
its
Dignities
in
good
Faith
,
without
evil
Intention
,
and
would
honour
all
the
Ordained
,
and
that
he
would
destroy
all
evil
Laws
,
if
any
were
,
and
substitute
good
ones
;
the
words
[
](A46988-e139420-b)(g)
(g)
Matt.
Paris
,
fol.
165.
ult.
Edit.
num.
27.
are
,
quod
ipse
Sanctam
Ecclesiam
&
ejus
dignitates
bona
fide
,
&
sine
malo
Ingenio
defenderet
,
&
ordinatos
honoraret
,
&
quod
Leges
iniquas
,
si
quae
essent
,
destrueret
,
&
bonas
surrogaret
.
At
his
Coronation
[
](A46988-e139470-b)(h)
(h)
Quod
sanctam
Ecclesiam
&
ejus
ordinatos
diligeret
,
&
eam
ab
incursione
malignantium
indemnem
conservaret
;
&
quod
perversis
legibus
destructis
,
bonas
substitueret
,
&
rectam
Justitiam
in
Regno
Augliae
exerceret
.
Idem
,
p.
166.
num.
4.
Promisit
se
per
anxilium
Dei
bona
side
ea
quae
juraverat
servaturum
.
he
took
another
Oath
,
that
he
would
love
Holy
Church
,
and
the
ordained
of
it
,
and
would
preserve
it
indempnified
from
the
Incursions
of
the
Malignant
;
and
that
the
perverse
Laws
being
destroyed
,
he
would
substi●
good
ones
,
and
would
exercise
right
Justice
in
England
.
Besides
these
,
Matth.
Paris
,
p.
189.
of
the
Old
Edition
,
saith
,
That
he
was
sworn
by
the
said
Archbishop
ex
parte
Dei
&
districte
prohibitus
,
ne
honorem
hunc
accipere
praesumeret
,
nisi
in
mente
habeat
opere
quod
juraverat
adimplere
;
that
is
,
On
the
part
of
God
,
by
the
Archbishop
,
he
was
strictly
forbid
,
that
he
presume
not
to
take
this
Honour
,
unless
he
had
a
resolution
to
fulfil
in
work
,
what
he
had
sworn
:
To
which
the
King
promised
,
That
,
by
the
help
of
God
,
he
would
in
good
faith
observe
what
he
had
sworn
.
In
the
Fifteenth
of
his
Reign
he
was
forced
by
the
Barons
to
take
another
Oath
,
[
](A46988-e139530-b)(i)
(i)
Mat.
Paris
,
Hist.
p.
229
,
230.
Quod
sanctam
Ecclesiam
ejusque
ordinatos
diligeret
&
manuteneret
,
contra
omnes
adversarios
suos
pro
posse
suo
:
quodque
bonas
Leges
Antecessorum
suorum
,
&
praecipue
Leges
Edwardi
Regis
revocaret
,
&
iniquas
destrueret
,
&
omnes
homines
suos
,
secundum
justa
Curiae
suae
judicia
,
judicaret
:
quodque
singulis
redderet
jura
sua
.
Juravit
praeterea
Innocentio
Papae
,
ejusque
Catholicis
Successoribus
,
fidelitatem
&
obedientiam
:
And
that
he
would
make
restitution
of
those
things
he
had
taken
away
by
reason
of
the
Interdict
.
This
Clause
of
restoring
King
Edward's
Laws
(
which
had
been
disused
from
the
time
of
the
Conquest
)
being
thus
inserted
in
King
John's
Oath
,
was
after
inserted
into
the
Coronation-Oath
of
Edward
the
Third
,
and
so
continued
.
The
best
Account
of
the
Coronation-Oath
of
King
Henry
the
Third
,
is
in
[
](A46988-e139610-b)(k)
(k)
Idem
,
p.
243.
num.
26.
Matthew
Paris
,
That
he
swore
before
the
Clergy
and
People
,
The
Oath
of
King
Henry
the
Third
.
the
Holy
Evangelists
and
the
Reliques
of
several
Saints
being
laid
before
him
,
and
Joceline
Bishop
of
Bath
reading
the
Oath
,
which
was
very
little
different
from
that
which
King
John
took
,
Quod
honorem
,
pacem
&
reverentiam
praestabit
Deo
,
&
sanctae
Ecclesiae
,
&
ejus
ordinatis
omnibus
diebus
vitae
suae
;
and
so
word
for
word
as
in
King
John's
:
only
for
perversas
consuetudines
,
here
is
iniquas
consuetudines
.
It
was
in
relation
to
the
preceding
Oaths
,
that
[
](A46988-e139750-b)(l)
(l)
1.
IVt
Ecclesia
Dei
,
&
omni
populo
Christiano
vera
pax
omni
suo
tempore
observetur
.
2.
Vt
rapacitatem
&
omnes
iniquitates
omnibus
gradibus
interdicat
.
3.
Vt
in
omnibus
judiciis
aequitatem
praecipiat
&
misericordiam
.
Bract.
lib.
3.
de
Actionibus
,
c.
9.
fol.
107.
Bracton
saith
,
The
King
ought
at
his
Coronation
,
in
the
Name
of
Jesus
Christ
being
sworn
,
to
promise
these
three
things
to
the
People
being
his
Subjects
:
First
,
To
command
,
and
to
his
power
see
it
performed
,
that
the
Peace
shall
be
kept
to
the
Church
,
and
all
Christian
People
in
all
his
time
.
Secondly
,
That
all
Ravages
and
all
Iniquities
,
in
all
degrees
,
shall
be
by
him
forbidden
.
Thirdly
,
That
in
all
his
Judgments
he
shall
command
Equity
and
Mercy
,
and
that
by
his
Justice
all
may
enjoy
firm
Peace
,
&
per
Justitiam
suam
firma
gaudeant
Pace
universi
.
None
of
our
Historians
mention
the
Oath
of
Edward
the
First
,
that
I
have
met
with
,
King
Edward
the
First
's
Oath
not
recorded
.
nor
Mr.
Prynne
:
Therefore
I
think
it
very
probable
that
it
was
conceived
in
the
same
Form
,
as
that
of
his
Fathers
and
Grandfathers
;
That
he
took
an
Oath
.
for
it
is
most
certain
that
he
took
one
,
by
the
Expressions
in
sundry
of
his
Prohibitions
,
to
the
Legates
of
Popes
,
to
Bishops
,
and
others
in
these
Words
:
Torpescere
non
possumus
,
quia
exhaeredationem
quae
statum
Coronae
nostrae
contigit
,
sicut
ex
Sacramenti
vinculo
adstringimur
,
pro
viribus
evitemus
,
ne
Coronae
&
dignitatis
nostrae
Jura
depereant
,
studiosam
[
](A46988-e139900-b)(m)
(m)
Prynne's
Epist.
Dedicat.
to
the
chird
Vol.
of
Legal
Vindication
.
nos
debet
operam
adbibere
;
&
ad
ea
manutenenda
&
conservanda
,
eo
potius
debemus
esse
solliciti
,
quoad
hoc
vinculo
juramenti
teneri
dignoscimus
&
adstringi
;
that
is
,
We
cannot
be
slothful
,
because
we
should
avoid
to
our
power
,
our
dis-inheriting
,
which
appertains
to
the
State
of
our
Crown
,
as
we
are
tied
by
the
Bond
of
our
Oath
;
which
to
maintain
and
preserve
,
we
ought
to
afford
our
studious
help
,
lest
the
Rights
of
our
Crown
and
Dignity
perish
;
and
we
ought
the
more
to
be
solicitous
in
this
,
as
that
we
know
our selves
to
be
held
and
bound
by
the
bond
of
the
Oath
.
Hitherto
we
find
nothing
of
the
Vulgus
elegerit
,
besides
what
is
mentioned
in
King
William
Rufus
his
promise
,
That
he
would
grant
his
Subjects
a
more
desirable
Law
,
and
better
than
they
could
chuse
;
which
is
no
ways
to
be
interpreted
of
such
a
choice
as
the
Republicans
would
have
understood
.
Our
Historians
are
generally
silent
what
the
Oath
was
that
Edward
the
Second
took
,
The
Oaths
of
King
Edward
the
Second
,
and
King
Edward
the
Third
.
but
it
is
to
be
found
in
the
Clause
Rolls
of
the
Tower
[
](A46988-e140020-b)(n)
(n)
Cl.
1.
E.
2.
num.
10.
,
1
E.
2.
in
French
thus
,
which
I
shall
render
into
English
as
well
as
I
can
.
Also
Cl.
1
E.
3.
m.
24.
dorso
.
SIRE
,
Volez
vous
granter
,
&
garder
,
&
per
vestre
serement
confirmer
,
au
People
d'
Engleter
,
les
Leys
,
&
les
Custumes
a
eux
grantes
per
les
Anciens
Rois
d'
Engleter
,
voz
Predecessours
droitas
,
&
devotz
a
Dieu
;
&
nomement
,
les
Leys
,
les
Custumes
,
&
Franchises
grantz
au
Clergie
,
&
au
People
,
par
le
glorieus
Roy
Seint
Edward
,
votre
Predecessure
?
Respons.
Jeo
les
grants
&
prometts
.
Sire
,
Garderez
vous
a
Dieu
&
a
Seint
Eglise
,
&
au
Clergie
,
&
au
Poeple
,
Pece
,
&
accord
en
Dieu
entirement
selons
vostre
Poair
?
Respons.
Jeo
les
garderez
.
Sire
,
Freez
(
or
perhaps
feres
)
vous
faire
,
en
tous
voz
Jugements
,
ovels
&
droit
Justice
,
&
discretion
en
misericorde
,
&
verite
a
vostre
Poair
?
Respons.
Jeo
les
fray
.
Sire
,
Grantez
vous
a
tenir
&
garder
des
Leys
&
les
Custumes
droitureles
,
le
quels
la
Communate
de
votre
Roiaume
auras
eslu
,
&
les
defenderz
&
inforciers
al
honeur
de
Dieu
,
a
votre
Poair
?
Respons.
Jeo
les
grants
&
prometts
.
SIR
,
Will
you
grant
and
keep
,
and
by
your
Oath
confirm
,
to
your
People
of
England
,
the
Laws
and
Customs
granted
to
them
by
the
Ancient
Kings
of
England
,
your
predecessors
righteous
,
and
devout
to
God
,
and
namely
,
the
Laws
,
and
Customs
,
and
Franchises
granted
to
the
Clergy
,
and
the
People
,
by
the
glorious
King
St.
Edward
your
Predecessor
?
Answer
.
I
do
grant
and
promise
this
.
Sir
,
Do
you
keep
to
God
,
and
his
Holy
Church
,
and
to
the
Clergy
,
and
to
the
People
Peace
,
and
accord
in
God
entirely
,
according
to
your
Power
?
Answer
.
I
shall
keep
these
.
Sir
,
Will
you
suffer
to
be
done
in
all
your
Judgments
,
equal
and
right
Justice
,
and
Discretion
,
with
Mercy
and
Truth
according
to
your
Power
?
Answer
.
I
will
do
it
.
Sir
,
Do
you
grant
to
hold
,
and
keep
the
Laws
,
and
the
Customs
that
are
lawful
,
which
the
Community
of
your
Realm
shall
have
chosen
,
and
defend
,
and
enforce
these
to
the
Honour
of
God
,
to
your
Power
?
Answer
.
I
grant
and
promise
them
.
Several
Answers
have
been
given
to
the
Objection
raised
from
this
last
Clause
,
The
Oath
of
King
Richard
the
Second
.
as
they
found
it
in
the
Latin
[
](A46988-e140540-b)(o)
(o)
Cl.
1.
R.
2.
m.
44.
Records
;
therefore
,
before
I
apply
those
,
it
is
needful
to
note
the
Latin
,
which
,
as
we
find
it
1
R.
2.
was
this
,
Capto
per
Archiepiscopum
Cantuar.
Sacramento
Dom.
Regis
Corporali
,
de
concedendo
,
&
servando
cum
sucra
confirmatione
,
Leges
&
consuetudines
ab
antiquis
,
justis
,
&
Deo
devotis
Regibus
Angliae
,
Progenitoribus
,
Plebi
Regni
Angliae
concessas
,
&
praesortim
leges
&
consuetudines
,
&
libertates
a
gloriosissimo
&
sanctissimo
Rege
Edwardo
,
Clero
Populoque
Regni
praedicti
concessas
,
&
servando
Deo
&
Ecclesiae
Sanctae
Domini
,
Cleroque
&
Populo
pacem
,
&
concordiam
integre
in
Deo
juxta
vires
suas
,
&
de
faciendo
fieri
in
omnibus
judiciis
suis
,
aequam
&
rectam
Justitiam
&
discretionem
in
misericordia
,
&
veritate
;
&
otiam
de
tenendo
&
custodiendo
justas
Leges
&
Consuetudines
Ecclesiae
,
&
de
faciendo
per
ipsum
Dom.
Regem
,
eas
esse
protegendas
,
&
ad
honorem
Dei
corroborandas
,
quas
vulgus
juste
&
rationabiliter
elegerit
juxta
vires
ejusdem
Dom.
Regis
.
This
is
an
additional
Clause
.
This
is
verbatim
the
Latin
for
the
preceding
French
,
except
in
the
additional
Clause
,
and
the
Conclusion
which
makes
the
just
Laws
and
Customs
both
to
relate
to
those
of
the
Church
,
and
those
that
the
Vulgar
shall
have
justly
and
reasonably
chosen
.
The
like
we
find
,
[
](A46988-e140640-b)(q)
(q)
Rot.
Parl.
1
H.
4.
num
16
,
&
17.
1
H.
4.
and
in
the
Pontificale
of
the
Archbishops
and
Bishops
;
and
it
is
added
,
after
the
King
hath
,
King
Henry
the
Fourth's
Oath
.
as
before
expressed
,
answered
to
the
Proposals
,
Pronunciatis
omnibus
,
confirmat
Rex
se
omnia
servaturum
,
Sacramento
super
Attari
praestito
coram
cunctis
;
i.
e.
that
the
King
by
his
Oath
,
taken
upon
the
Altar
before
all
present
,
to
observe
these
,
confirms
them
.
The
Solemnities
and
Ceremonies
used
at
the
Coronation
of
King
Richard
the
Second
,
may
be
perused
at
large
in
Tho.
[
](A46988-e140770-b)(r)
(r)
Hist.
Aug.
fol.
194
,
195.
Juravit
coraem
Archiepiscopo
&
Proceribus
qui
ibi
aderant
,
quoniam
ipsi
solum
ejus
Juramentum
audire
potuerunt
.
Walsingham
,
and
he
saith
,
he
swore
before
the
Bishops
and
Nobles
there
present
,
for
they
only
could
hear
his
Oath
,
that
he
would
permit
the
Church
to
enjoy
its
Liberties
,
and
would
honour
it
and
its
Ministers
,
that
he
would
hold
right
Faith
,
and
would
forbid
Rapines
,
and
all
Iniquities
in
all
their
Degrees
.
2ly
.
That
he
would
make
to
be
kept
,
every
where
,
the
good
Laws
of
the
Land
,
and
especially
,
the
Laws
of
St.
Edward
King
and
Confessor
,
who
was
buried
in
that
Church
,
and
would
make
all
evil
Laws
to
be
abrogated
.
3ly
.
That
he
would
not
be
an
accepter
of
Persons
,
but
would
make
right
Judgment
betwixt
man
and
man
,
that
especially
he
[
](A46988-e140830-b)(s)
(s)
Praecipue
misericordiam
observaret
,
sicut
sibi
suam
indulgeat
misericordiam
clemens
&
misericors
Deus
.
would
observe
Mercy
,
as
the
Clement
and
Merciful
God
might
grant
Mercy
to
him
.
Having
thus
given
an
account
of
these
Coronation
Oaths
,
I
come
to
the
Objections
.
First
,
They
[
](A46988-e140860-b)(t)
(t)
Prynne's
Treachery
and
Disloyalty
.
Answer
to
the
Objections
about
the
Words
Quas
vulgus
elegerit
.
say
,
that
the
word
Vulgus
doth
signifie
the
two
Houses
,
and
the
word
elegerit
is
to
be
taken
in
the
Future
Tense
;
so
that
the
King
is
obliged
to
consent
to
such
Laws
as
the
two
Houses
,
especially
the
Commons
do
chuse
.
It
is
a
wonder
to
me
,
how
men
that
pretended
to
any
reading
or
learning
in
Antiquities
,
or
in
the
Constitution
of
the
Government
,
could
defend
their
Cause
with
such
pitiful
Reasonings
,
especially
against
King
Charles
the
First
,
who
neither
had
taken
such
an
Oath
,
nor
many
of
his
Predecessors
before
him
.
The
Latin
Translation
of
two
French
words
gave
all
the
occasion
of
dispute
;
for
that
which
is
called
Communate
,
is
rendered
Plebs
and
Vulgus
,
and
aura
eslu
is
translated
elegerit
;
whereas
,
were
it
to
have
been
understood
in
the
Future
Tense
,
it
should
have
been
eslira
:
and
agreeable
to
that
in
all
the
Authentick
Records
of
the
Exchequer
,
the
word
elegerit
is
Englished
in
the
Preterperfect
Tense
.
Thus
much
may
suffice
as
to
the
word
elegerit
.
Dr.
Brady's
Glossary
will
satisfie
the
Curious
about
the
import
of
the
word
it self
.
Concerning
the
word
Vulgus
,
one
solid
[
](A46988-e141050-b)(u)
(u)
Freeholders
Grand
Inquest
,
b.
46.
What
meant
by
Vulgus
.
according
to
the
Opinion
of
some
.
Author
saith
,
That
we
may
be
confident
,
that
neither
the
Bishops
,
Privy
Council
,
Parliament
,
or
any
other
whosoever
they
were
,
that
framed
or
penned
this
Oath
,
ever
intended
in
this
word
the
Commons
in
Parliament
,
much
less
the
Lords
:
they
would
never
so
much
disparage
the
Members
of
Parliament
,
as
to
disgrace
them
with
a
Title
both
base
and
false
.
It
had
been
enough
,
if
not
too
much
,
to
have
called
them
Populus
,
the
People
;
but
Vulgus
,
the
Vulgar
,
the
rude
multitude
(
which
hath
the
Epithete
of
ignobile
vulgus
)
is
a
word
as
dishonourable
to
the
Composers
of
the
Oath
to
give
,
or
for
the
King
to
use
,
as
for
the
Members
of
the
Parliament
to
receive
;
therefore
he
judgeth
,
that
by
Vulgus
must
be
meant
the
Common
People
,
not
the
Lords
and
Commons
.
But
then
,
saith
the
same
Author
,
the
doubt
will
be
,
what
the
Common
People
,
or
Vulgus
,
out
of
Parliament
have
to
do
to
chuse
Laws
.
In
answer
to
which
,
the
preceding
word
is
to
be
considered
;
Consuetudines
quas
Vulgus
elegerit
,
the
Customs
which
the
Common
People
have
chosen
.
If
we
observe
the
nature
of
Custom
,
Customs
chosen
by
the
Vulgar
,
or
Common
People
.
it
is
the
Vulgus
,
or
Common
People
only
who
chuse
Customs
.
Common
usage
,
time
out
of
mind
,
creates
a
Custom
;
and
the
commoner
the
usage
is
,
the
stronger
and
the
better
is
the
Custom
.
No
where
can
so
common
an
usage
be
found
,
as
among
the
Vulgar
,
who
are
still
the
far
greatest
part
of
every
multitude
.
If
a
Custom
be
common
through
the
whole
Kingdom
with
us
,
it
is
all
one
with
the
Common
Law
of
England
,
which
is
often
called
Common
Custom
;
so
that
to
protect
the
Customs
which
the
Vulgar
chuse
,
is
to
swear
to
protect
the
Common
Laws
of
England
.
Agreeable
to
this
,
is
what
the
learned
Dr.
Brady
[
](A46988-e141210-b)(w)
(w)
Glossary
,
p.
36.
notes
,
That
upon
the
whole
,
it
signifies
no
more
than
that
the
Community
had
chosen
,
that
is
owned
,
submitted
to
,
and
desired
still
to
use
their
Old
Customs
,
which
by
use
,
time
out
of
mind
,
they
had
enjoyed
for
the
better
management
of
Affairs
,
and
Conveniency
betwixt
Man
and
Man
,
all
the
Nation
over
,
or
in
any
particular
County
,
Hundred
,
Town
,
City
or
Burrough
,
such
long
practices
being
the
foundation
of
all
Customs
:
but
these
are
to
be
just
,
which
intrench
not
upon
the
Government
or
Laws
,
and
by
permission
and
sufferance
only
become
Laws
.
But
the
same
[
](A46988-e141240-b)(x)
(x)
Id.
p.
35.
Author
judiciously
affirms
,
That
the
Community
here
intended
was
the
Community
of
the
Bishops
,
What
meant
by
the
Community
.
Abbats
,
Priors
,
Earls
,
Barons
,
Great
Men
,
and
the
whole
body
of
the
Tenents
in
Capite
,
expressed
by
those
words
,
in
the
former
Questions
,
Clergy
and
People
;
for
by
them
these
demands
were
made
,
and
no
doubt
they
would
first
ask
for
themselves
,
for
the
Vulgar
or
Rabble
could
not
come
near
to
make
their
Demands
at
such
a
Solemnity
as
this
was
,
so
[
](A46988-e141280-b)(y)
(y)
Walsingham
,
fol.
95.
num.
20.
great
and
splendid
;
there
being
at
it
,
Charles
and
Lewis
,
Earls
of
Clermont
,
two
of
the
King
of
France's
Brothers
,
the
D.
of
Brabant
,
the
Earl
of
Fens
,
and
the
other
great
Men
,
both
of
France
and
England
,
with
the
Countess
of
Artois
.
Whoever
desires
further
satisfaction
,
may
consult
the
same
learned
[
](A46988-e141410-b)(z)
(z)
Elossary
,
p.
24.
Author
,
who
makes
it
clear
,
That
the
word
Plebs
,
Vulgus
&
Populus
in
the
Writers
of
that
Age
was
used
for
the
Laity
in
way
of
contradistinction
from
the
Clergy
.
I
shall
at
present
leave
this
,
and
note
,
that
for
any
thing
appears
to
the
contrary
,
the
same
Interrogations
,
Oath
,
&c.
presented
to
Edward
the
Second
and
Third
,
(
without
the
additions
of
King
Richard's
)
continued
without
any
alteration
to
Henry
the
Eighth's
[
](A46988-e141490-b)(a)
(a)
Book
of
Oaths
,
fol.
1.
time
,
and
in
that
we
find
the
King
promiseth
he
shall
keep
and
maintain
the
Liberties
of
the
Holy
Church
of
old
time
granted
by
their
Righteous
Kings
of
England
;
The
Oath
of
King
Henry
the
Eighth
.
I
find
in
the
Heralds
Office
the
words
thus
:
Do
ye
grant
the
rightful
Laws
and
Cusioms
to
be
holden
,
and
permit
ye
,
after
your
Strength
and
Power
,
such
Laws
as
to
the
Honour
of
God
shall
be
chosen
to
the
People
,
by
you
to
be
strengthned
and
desensed
?
Vid
in
Coll.
Arm.
p.
60.
and
that
he
shall
keep
all
the
Lands
,
Honours
,
and
Dignities
righteous
and
free
of
the
Church
of
England
,
in
all
manner
Holy
,
without
any
manner
of
minishments
;
and
the
rights
of
the
Crown
hurt
,
decay
,
or
loss
,
to
his
Power
shall
call
again
into
the
ancient
estate
;
and
that
he
shall
keep
the
Peace
of
Holy
Church
,
and
of
the
Clergy
,
and
of
the
People
with
good
accord
;
and
that
he
shall
do
in
his
Judgment
,
Equity
and
right
Justice
,
with
Discretion
and
Mercy
;
and
that
he
shall
grant
to
hold
the
Laws
and
Customs
of
the
Realm
,
and
to
his
Power
keep
them
,
and
affirm
them
,
which
the
People
and
Flock
have
chosen
;
and
the
evil
Laws
and
Customs
wholly
to
put
out
,
and
stedfast
and
stable
Peace
to
the
People
of
this
Realm
keep
,
and
cause
to
be
kept
to
his
Power
.
In
this
Oath
King
Henry
the
Eighth
interlined
,
for
the
right
explication
of
it
,
instead
of
People
and
Flock
,
these
Words
,
which
the
Nobles
and
People
have
chosen
with
my
Consent
.
The
Oath
of
King
Edward
the
Sixth
,
Oath
of
Edward
the
Sixth
.
so
far
as
relates
to
my
purpose
was
this
,
Do
you
grant
to
make
no
new
Laws
,
but
such
as
shall
be
to
the
honour
and
glory
of
God
,
and
to
the
good
of
the
Commonwealth
,
and
that
the
same
shall
be
made
by
the
consent
of
the
People
as
hath
been
accustomed
?
Oaths
of
Queen
Mary
and
Queen
Elizabeth
not
seen
by
the
Author
.
The
Oaths
of
King
James
the
First
,
and
King
Charles
the
First
.
The
Oath
of
King
Charles
the
Second
,
Hist.
Coronationis
Caroli
2.
in
Colleg.
Arm.
I
have
not
seen
any
Transcripts
of
the
Oaths
of
Queen
Mary
or
Queen
Elizabeth
,
those
which
King
James
and
King
Charles
the
First
took
,
run
thus
;
Will
you
grant
to
hold
and
keep
the
Laws
and
Rightful
Customs
which
the
Commonalty
of
this
Kingdom
have
;
and
will
you
defend
and
uphold
them
to
the
Honour
of
God
,
so
much
as
in
you
lyeth
?
That
Branch
of
the
Oath
which
relates
to
my
purpose
,
taken
by
King
Charles
the
Second
,
runs
thus
:
Sir
,
Will
you
grant
to
keep
the
rightful
Customs
which
the
Commonalty
of
your
Kingdom
have
,
&c.
The
Oath
that
our
present
King
James
the
Second
took
at
his
Coronation
,
The
Oath
of
King
James
the
Second
.
was
in
the
same
Words
as
that
of
his
Royal
Brother
;
wherein
the
Word
Customs
is
to
be
taken
in
the
largest
extent
,
to
include
Laws
also
.
Now
upon
the
whole
we
must
consider
First
,
Considerations
upon
this
Discourse
of
the
Coronation
Oaths
.
That
in
the
Eye
of
the
Law
the
King
never
dyes
,
so
that
he
is
King
before
any
Solemnity
of
Coronation
.
Secondly
,
The
variety
of
Forms
and
Precedents
,
seem
to
prove
that
one
precise
form
is
not
simply
necessary
;
so
the
interlining
of
Henry
the
Eighth
upon
Record
also
shews
.
And
if
it
had
been
of
consequence
to
have
retained
the
old
form
,
we
should
have
heard
of
it
either
then
or
in
some
succeeding
Parliaments
.
Lastly
,
it
cannot
be
denied
,
that
if
the
King
be
bound
by
a
lawful
Oath
to
pass
all
Bills
,
it
is
not
the
form
of
denying
it
,
but
the
not
doing
of
it
which
makes
the
Perjury
.
And
so
when
the
King
is
tender
of
a
flat
denial
,
and
attributing
so
much
to
the
judgment
of
his
great
Council
,
that
he
only
useth
the
words
avisera
;
it
would
be
a
strange
Doctrine
,
that
all
the
Kings
of
England
who
have
given
this
Answer
,
have
been
forsworn
,
and
neither
Parliament
nor
Convocation
taken
notice
of
it
in
so
many
Ages
.
But
when
by
dint
of
Argument
the
Parliament
Champions
were
driven
from
these
Holds
,
they
fled
to
their
last
Burrow
.
So
one
of
them
confesses
,
that
in
Acts
of
Grace
the
King
is
not
bound
to
assent
,
nor
in
Acts
wherein
he
is
to
depart
from
the
particular
right
and
interest
of
his
Crown
;
and
lastly
that
if
he
do
not
consent
(
however
bound
by
Oath
)
yet
they
are
not
binding
Laws
to
the
Subject
.
How
the
Long
Parliament
Writers
would
have
the
King
part
with
his
Prerogative
in
Cases
of
necessity
only
.
But
then
comes
the
handful
of
Gourds
which
spoils
the
Pottage
:
Except
in
cases
of
necessity
;
If
the
safety
of
the
People
be
concerned
;
If
it
may
prove
dangerous
or
inconvenient
to
them
,
then
an
extraordinary
course
may
be
taken
.
This
was
the
plausible
Plea
of
1641.
to
get
the
Militia
into
their
hands
:
for
they
urged
that
in
case
of
apparent
and
imminent
danger
,
the
Peoples
safety
was
not
to
be
neglected
;
They
might
not
be
exposed
as
a
prey
to
their
Enemies
,
therefore
must
be
put
into
a
posture
of
defence
.
This
was
grateful
to
the
People
,
out
of
that
real
love
they
bare
to
themselves
,
they
must
favour
that
side
which
pretends
to
take
care
of
their
safety
.
Give
to
any
Person
or
Society
a
Legislative
Power
without
the
King
in
case
of
necessity
,
[
](A46988-e141960-b)(b)
(b)
Answer
to
Observ
.
b.
76.
permit
them
withal
to
be
sole
Judges
of
necessity
,
when
it
is
,
and
how
long
it
lasts
:
and
then
it
is
more
than
probable
,
the
necessity
will
not
determine
,
till
they
have
their
utmost
desires
,
which
is
the
same
in
effect
as
if
they
had
the
Legislative
Power
.
Further
it
must
be
considered
that
necessity
upon
that
supposition
must
be
very
evident
,
there
needs
no
such
great
stir
who
shall
be
Judge
of
it
;
when
it
comes
indeed
,
it
will
shew
it self
;
when
extream
necessity
is
disputable
,
it
is
a
sign
it
is
not
real
.
Secondly
,
The
Agent
must
be
proper
,
otherwise
it
cuts
in
sunder
the
very
Sinews
of
Government
,
to
make
two
supremes
in
a
Society
,
and
to
subject
the
People
to
contrary
commands
.
But
to
claim
such
a
Power
over
the
King
in
extraordinary
cases
alone
,
That
the
Houses
should
be
Judges
of
this
Necessity
.
doth
not
much
vary
the
case
:
for
at
the
same
time
they
voted
themselves
the
proper
Judges
of
such
necessities
,
and
the
erecting
of
any
superintending
Power
in
the
circumstances
of
those
times
,
and
in
all
parallel
cases
,
would
not
only
unsoveraign
the
King
(
by
making
this
Power
the
Soveraign
)
but
the
exercise
of
it
would
be
subject
to
more
dangerous
extravagances
than
Regal
Power
is
,
and
yet
less
capable
of
Regulation
than
it
.
For
the
Law
knowing
there
is
none
but
God
,
qui
custodiat
ipsos
custodes
,
concludes
from
the
weakness
and
imperfection
of
every
other
form
of
Government
,
that
the
Soveraignty
of
Law-making
was
better
placed
in
the
hands
of
a
sole
Prince
,
than
in
a
Popular
or
Aristocratical
hand
;
and
that
a
positive
known
Law
without
any
coercive
Superintendent
was
a
sufficient
,
and
the
best
boundary
of
Regal
Power
:
For
the
Law
and
the
Transgression
of
it
,
being
both
at
once
made
manifest
and
notorious
,
it
will
be
so
sufficient
[
](A46988-e142020-b)(c)
(c)
Review
of
Observations
.
security
of
the
future
observance
of
the
Law
,
that
Princes
will
not
offer
to
violate
it
.
Now
if
such
a
Supreme
Power
,
as
these
would
have
in
the
two
Houses
,
in
what
case
soever
,
be
once
enacted
,
that
must
either
be
boundless
or
circumscribed
by
a
Laws
;
and
if
that
be
circumscribed
with
a
Law
,
then
must
that
Law
also
have
a
Superiour
Power
to
enforce
it
:
and
so
there
must
be
a
Superiour
Power
over
Superiour
Power
in
infinitum
,
and
yet
at
last
leave
the
most
Superiour
Power
in
that
liberty
which
the
Observer
calleth
boundless
,
Arbitrary
and
Tyrannical
.
If
this
Principle
were
true
,
By
the
Arguments
of
the
Parliamentary
Writers
,
the
Sovereignty
is
not
in
the
King
,
but
in
the
People
.
all
is
but
misleading
formality
of
Law
,
the
Soveraignty
is
not
in
the
King
but
in
the
People
;
the
King
is
the
only
Subject
and
but
a
common
Voucher
,
whose
concurrence
is
unavoidably
implied
;
his
Will
,
his
Understanding
and
his
Power
are
all
subject
to
the
Body
of
the
very
Subject
that
in
Parliament
doth
swear
subjection
to
him
:
and
these
pretended
Rights
being
hid
ever
since
the
beginning
of
the
Kingdom
,
the
whole
generation
of
the
Subject
ever
since
,
hath
by
the
injury
of
our
Laws
been
most
impiously
mis-sworn
in
their
Allegiance
.
And
whereas
the
trust
is
irrevocably
committed
to
the
King
and
his
Heirs
for
ever
,
how
can
it
be
conceived
it
should
sleep
during
the
sitting
of
a
Parliament
,
unless
that
jocular
saying
of
King
James
were
to
be
understood
really
,
That
during
the
Sessions
of
a
House
of
Commons
there
were
five
hundred
Kings
?
And
if
any
such
Power
were
in
the
Houses
,
it
was
a
strange
oversight
to
leave
it
to
the
Kings
disposal
,
when
to
call
the
Body
together
,
and
when
to
dissolve
it
(
as
before
I
have
touched
)
whereby
the
King
might
solely
determin
where
,
and
how
long
he
would
be
over-ruled
,
and
when
King
again
:
whereas
by
the
false
suggestion
of
the
Observer
(
that
it
was
fit
the
Houses
should
have
a
Superintendent
Power
,
in
case
of
extraordinary
danger
,
and
they
only
to
be
Judges
of
that
danger
)
he
cunningly
turns
the
Tables
,
and
makes
the
Houses
to
be
Soveraigns
as
long
as
they
pleased
;
and
when
they
were
weary
of
reigning
,
the
Kingdom
should
be
out
of
danger
,
and
then
it
should
be
the
Kings
turn
to
command
again
.
But
to
draw
to
a
conclusion
on
this
subject
,
which
cost
so
much
Blood
and
Treasure
:
There
[
](A46988-e142080-b)(d)
(d)
Answ.
to
Observ
.
p.
72
,
73.
neither
is
nor
can
be
the
same
necessity
of
observing
an
old
Law
,
to
which
a
King
is
obliged
by
his
Charter
and
his
Oath
,
and
of
a
new
Law
to
which
he
hath
not
given
his
Royal
Assent
.
If
Magna
Charta
extended
to
this
,
it
were
Charta
Maxima
,
the
greatest
Charter
that
ever
was
granted
.
To
be
be
denied
nothing
,
is
a
Privilege
indeed
as
good
as
Fortunatus
his
Purse
;
or
as
that
old
Law
which
one
found
out
for
the
Kings
of
Persia
,
That
he
might
do
what
he
would
.
The
King
's
Negative
Voice
Necessary
.
The
taking
away
the
Kings
Negative
Voice
,
may
indeed
secure
us
against
Tyranny
,
which
never
can
come
in
upon
us
,
as
long
as
the
two
Houses
[
](A46988-e142150-b)(e)
(e)
Idem
,
p.
136.
Negatives
ballance
it
;
but
it
leaves
us
open
and
stark
naked
to
all
those
Popular
evils
and
Epidemical
diseases
,
which
flow
from
Popular
Government
,
as
Tumults
,
Seditions
,
Civil
Wars
,
and
the
Ilias
of
Evils
which
attends
them
;
the
Negative
Voice
being
the
Soveraignest
remedy
against
such
great
Mischiefs
.
One
Wheedle
I
find
more
they
used
,
since
the
King
was
so
tender
of
violating
his
Coronation
Oath
,
in
giving
Assent
to
their
new
Bills
,
which
were
diametrically
opposite
to
the
old
fundamental
Laws
,
made
in
defence
of
Episcopacy
,
and
the
Kings
Prerogative
in
the
Militia
,
&c.
they
quit
their
Title
of
Parliament
men
,
That
the
King
is
not
bound
to
consent
,
where
what
is
desired
is
more
inconvenient
to
the
People
than
himself
.
and
would
be
Casuists
to
resolve
his
Conscience
,
telling
him
that
where
the
People
by
Publick
Authority
,
will
seek
inconvenience
to
themselves
,
and
the
King
is
not
so
much
interested
as
themselves
,
it
was
more
inconvenience
and
injustice
in
the
King
to
deny
than
to
grant
it
.
Thus
the
Houses
would
have
granted
the
King
a
Dispensation
to
have
acted
against
the
dictates
of
his
Reason
,
Conscience
,
and
the
fundamental
Laws
.
And
because
he
would
not
own
their
Commission
for
it
,
they
persecuted
him
to
the
Scaffold
.
This
was
an
unheard
of
Villany
to
be
offered
to
so
Pious
and
Religious
a
Prince
,
that
as
Father
of
his
People
,
would
not
give
them
a
Stone
instead
of
Bread
,
or
a
Scorpion
instead
of
a
Fish
.
The
Heathen
was
much
honester
,
who
prayed
Jupiter
to
give
him
good
things
,
though
he
never
opened
his
Mouth
for
them
;
and
to
withhold
bad
and
prejudicial
things
,
though
he
petitioned
never
so
earnestly
for
them
.
This
was
a
strange
Principle
,
that
the
King
should
be
bound
by
Law
to
destroy
his
People
,
or
not
preserve
their
Right
,
unless
he
not
only
violate
his
own
Conscience
,
but
their
very
Liberties
.
Can
a
man
imagine
those
People
,
of
whom
Juvenal
speaks
,
—
evertere
domos
totas
optantibus
ipsis
Dii
faciles
—
if
they
had
understood
their
own
Prayers
,
would
have
accused
the
Gods
for
denying
them
.
As
they
thus
sought
to
hush
the
Kings
Conscience
,
so
that
endeavoured
to
find
a
quaint
salvo
for
their
own
more
brawny
ones
:
For
when
it
was
urged
,
that
to
deny
the
Kings
Negative
Voice
,
was
to
dissolve
the
excellent
constitution
of
Parliaments
,
and
was
directly
against
the
settlement
of
it
upon
the
true
basis
of
the
Ballance
,
and
the
mutual
stipulation
of
the
King
and
his
People
,
as
they
loved
to
phrase
it
they
answer
by
their
Prolocutor
,
that
those
who
contract
to
their
own
ruin
,
or
esteem
such
Contracts
before
their
own
preservation
,
are
felonious
to
themselves
,
and
rebellious
to
Nature
.
Inferring
from
thence
,
That
if
the
legal
Constitution
of
Government
,
The
Writers
for
the
Parliament
affirm
,
That
where
the
Houses
think
the
Constitution
of
the
Government
is
not
agreeable
to
the
Liberty
of
the
People
,
they
may
alter
it
.
be
not
agreeable
to
the
Liberties
the
House
conceives
needful
for
them
,
they
are
obliged
to
contend
to
alter
them
:
which
is
no
more
nor
less
,
than
if
a
Criminal
being
condemned
to
be
hanged
,
should
be
guilty
of
another
Felony
and
Treason
against
Nature
to
yield
to
the
Sentence
,
but
that
he
ought
in
his
own
defence
to
kill
as
many
as
he
could
,
that
he
might
thereby
save
his
life
by
escape
.
Thus
I
hope
I
have
made
apparent
the
falshood
of
the
Positions
ranged
in
defence
of
that
dismal
Parliament
,
How
the
Long
Parliament
voted
all
the
Power
into
their
own
Hands
.
who
made
use
of
them
as
Platforms
upon
which
to
plant
the
Artillery
of
their
Acts
and
Ordinances
.
For
under
the
pretext
of
their
obligation
to
preserve
the
Kingdom
,
they
voted
to
put
it
in
a
posture
of
defence
;
and
they
voted
from
the
King
his
Navies
,
Officers
,
Privy
Counsellors
,
and
Revenues
,
pretending
the
Navies
were
still
reserved
for
the
King
,
in
better
hands
than
he
would
put
them
,
and
for
the
other
they
would
furnish
him
with
better
principled
Ministers
.
Whereas
by
the
same
Precedent
,
the
Subjects
were
bound
to
give
up
their
Estates
to
their
ordering
,
as
often
as
they
pretended
they
could
dispose
of
them
more
wisely
.
For
they
might
alledge
,
the
State
(
which
they
reputed
themselves
)
had
an
interest
paramount
in
them
in
case
of
publick
extremity
:
so
that
as
they
pretended
the
Head
without
the
Body
was
the
State
before
,
so
now
it
was
fit
the
Body
should
be
without
the
Head
;
whereas
the
Law
hath
provided
against
either
exorbitances
:
and
if
there
was
necessity
we
must
fall
into
one
,
we
ought
in
reason
to
chuse
the
former
,
because
being
better
acquainted
with
that
,
we
could
better
digest
it
;
and
it
would
be
less
burthensom
to
our
Estates
to
satisfie
one
than
five
hundred
,
nay
ten
thousand
,
as
it
appeared
when
the
greedy
Commonwealths
men
with
their
Committees
,
Armies
,
&c.
was
that
flat
Vermine
in
the
Bowels
,
which
(
how
true
soever
it
is
of
the
lumbricus
latus
)
was
certainly
true
of
this
Monster
,
That
it
was
every
where
Head
and
Mouth
.
It
is
to
be
well
weighed
,
When
Parliaments
beneficial
,
when
not
.
that
as
Parliaments
are
in
the
highest
degree
beneficial
,
when
they
keep
within
the
bounds
of
duty
and
sobriety
;
so
when
they
will
have
their
Ordinances
to
have
the
force
of
Laws
,
and
not
govern
themselves
by
known
Laws
,
they
are
the
cause
of
many
Distempers
in
a
Kingdom
,
and
the
Subjects
condition
is
most
unhappy
in
the
Multitude
of
Physicians
:
for
extraordinary
Remedies
,
such
as
they
always
pretend
to
use
,
are
,
saith
Sir
Henry
Wotton
,
like
hot
Waters
which
may
help
at
a
pang
,
but
being
too
often
used
spoil
the
Stomach
.
A
Compleat
Parliament
is
that
[
](A46988-e142380-b)(f)
(f)
Answer
to
Observ
.
p.
150.
Panchreston
or
Soveraign
Salve
for
all
Sores
;
but
some
would
make
the
name
of
Parliament
a
Medusa's
Head
to
transform
reasonable
men
into
Stones
,
and
subordinate
Monarchy
to
the
two
Houses
,
who
must
be
denied
nothing
;
but
with
their
good
will
would
claim
for
them
a
paramount
interest
with
the
Soveraign
,
whom
they
would
advance
only
to
the
height
and
mighty
Dignity
of
a
Doge
of
Venice
,
or
a
Roman
Consul
,
whilest
they
must
be
the
Tribunes
of
the
People
their
Supervisors
.
So
that
we
cannot
be
content
to
gather
the
blessed
fruits
right
constituted
Parliaments
would
afford
us
,
but
we
must
rend
away
the
top
Branch
,
yea
stub
up
the
Tree
that
we
may
scramble
for
the
Fruit.
Tacitus
[
](A46988-e142450-b)(g)
(g)
10
Annal.
gives
a
Caution
how
a
Prince
may
support
his
Authority
,
that
he
do
not
vim
Principatus
resolvere
,
cuncta
ad
Senatum
revocando
.
Kings
not
to
grant
away
their
Prerogatives
at
the
Importunity
of
Parliaments
.
It
is
fit
a
Prince
should
have
the
Glory
of
performing
those
things
himself
which
are
his
Prerogatives
,
and
not
to
refer
such
things
to
Conventions
of
Parliament
,
which
properly
belong
not
to
their
Cognizance
.
Since
therefore
by
the
condescensions
of
our
Wise
and
Gracious
Princes
,
there
are
several
things
in
England
,
the
King
cannot
by
Law
do
alone
,
it
is
a
most
requisite
Wisdom
in
Princes
,
that
as
they
observe
the
Laws
in
securing
the
Peoples
Liberties
and
Privileges
;
so
by
no
Arbitrary
Assumption
of
either
or
both
Houses
,
to
let
their
Prerogatives
be
invaded
:
for
those
are
now
no
more
than
are
rationally
and
politically
necessary
for
orderly
and
established
Government
.
The
Encroachments
of
the
never
to
be
forgotten
long
Parliament
,
(
several
of
which
I
have
in
this
and
the
foregoing
Chapter
hinted
)
may
be
sufficient
documents
to
Princes
,
not
to
yield
such
a
body
too
much
Power
:
for
if
the
ballance
once
decline
,
a
little
weight
will
sink
it
.
Therefore
though
Princes
are
not
to
enlarge
their
Prerogatives
,
nova
siti
ad
alia
aliaque
properare
;
yet
they
ought
to
preserve
those
that
remain
.
For
any
Raveling
once
yielded
,
will
make
the
Royal
Cittadel
defenceless
.
Testudo
ubi
collecta
est
in
suum
tegmen
,
tuta
est
ad
omnes
ictus
;
ubi
exerit
partes
aliquas
,
quodcunque
nudavit
,
obnoxium
&
infirmum
est
:
The
Tortoise
as
long
as
it
keeps
within
its
shell
and
coverture
is
safe
;
but
if
it
unbare
any
part
,
it
is
obnoxious
to
danger
.
Above
all
things
a
Prince
should
he
careful
never
to
part
with
the
Prerogative
of
Summoning
and
Dissolving
Parliaments
.
For
we
cannot
forget
that
the
Houses
of
1641.
not
content
with
a
Bill
for
Triennial
Parliaments
,
got
an
Act
for
perpetuating
themselves
;
and
that
would
not
satisfie
,
but
they
prepared
a
Bill
for
the
certainty
of
future
Parliaments
,
whether
the
King
had
occasion
for
them
or
not
:
so
that
if
the
King
omitted
the
sending
out
of
Writs
and
Summons
,
the
Chancellor
might
,
and
for
failure
the
Sheriff
,
and
I
know
not
what
inferiour
Officers
;
of
which
the
Blessed
King
complains
.
I
cannot
dismiss
this
Subject
without
taking
notice
of
the
Fundamental
cause
of
Factious
Members
of
Parliament
.
The
fundamental
Cause
of
Factious
Members
in
Parliament
.
In
England
there
is
no
such
powerful
Engine
to
make
Faction
and
Sedition
formidable
and
dangerous
to
Government
,
as
when
the
Majority
of
the
Freeholders
are
wrought
upon
(
by
the
Arts
I
have
in
some
measure
hinted
before
,
and
shall
more
largely
in
the
Chapter
of
Faction
)
to
chuse
Members
of
the
House
of
Commons
of
their
own
Temper
:
for
such
a
Number
being
imbodied
in
that
House
,
give
and
receive
mutual
strength
from
one
another
.
For
when
such
are
met
,
they
do
not
take
care
to
unite
the
minds
of
the
Subjects
to
their
Prince
,
or
one
to
another
,
or
imploy
their
time
upon
the
great
concerns
of
the
Nation
;
but
are
drawn
to
promote
private
Animosities
under
[
](A46988-e142590-b)(h)
(h)
King's
Speech
,
6
March
,
1678.
pretence
of
the
Publick
;
and
are
so
far
from
proceeding
calmly
and
peaceably
to
curb
the
motions
of
unruly
Spirits
that
endeavour
to
disturb
them
,
that
they
expose
the
King
to
the
Calumny
and
danger
of
those
worst
of
men
,
who
endeavour
to
render
him
and
his
Government
odious
to
the
People
.
I
shall
now
touch
upon
some
of
the
Artifices
used
to
bring
in
such
Members
in
the
Parliament
of
1678.
and
some
succeeding
ones
whereby
their
Conventions
were
rendred
useless
for
the
King
and
People
,
and
inglorious
to
themselves
,
though
they
pretended
to
as
much
Loyalty
and
Publick
good
as
those
in
1641.
did
at
their
first
sitting
.
The
King
having
dissolved
the
long
Parliament
and
summoned
this
to
sit
the
6th
of
March
,
1678.
The
Artifices
used
by
designing
People
,
to
get
such
as
they
desired
,
to
be
elect
ed.
the
industry
of
the
Dissenters
,
Male-contents
,
and
we
may
suppose
Common-wealths
men
,
was
extraordinary
great
,
as
now
hoping
they
should
be
able
to
chuse
such
Members
as
would
be
more
favourable
to
them
.
They
had
been
long
instilling
into
the
Peoples
Heads
,
The
Characters
they
gave
Men
of
the
Court-party
.
that
in
the
former
House
there
had
been
a
Court
and
Country
Party
,
the
former
were
for
Arbitrary
Government
,
fleecing
the
People
,
Persecution
,
and
such
as
gave
no
great
credit
to
the
Tragical
representation
of
the
Popish
Plot
:
The
latter
were
moderate
men
,
and
not
so
much
for
Ceremonies
as
the
purity
of
Religion
,
would
stand
for
the
Peoples
Liberties
and
Properties
,
by
riding
night
and
day
about
the
Villages
,
and
trudging
about
Corporations
,
and
the
weekly
Conventicles
,
they
spread
this
Character
abroad
,
and
with
all
the
Arts
imaginable
,
endeavoured
to
proselyte
[
](A46988-e142660-b)(i)
(i)
Address
,
part
2.
p.
2
,
3.
all
that
were
not
sharp-sighted
enough
to
pierce
into
their
designs
.
If
any
seemed
not
to
believe
those
Characters
,
or
declared
himself
for
the
Government
,
Civil
or
Ecclesiastical
,
established
by
Law
,
and
neither
for
Popery
or
Arbitrary
Government
,
nor
yet
for
a
Commonwealth
or
Dissenters
,
they
run
them
down
with
noise
,
traduced
them
behind
their
backs
as
Papists
in
Masquerade
and
men
of
Arbitrary
Principles
.
Papists
in
Masquerade
.
And
if
any
were
so
bold
as
to
scruple
the
coherence
of
the
Narratives
of
the
Popish
Plot
,
he
was
vilified
as
a
Defamer
of
the
Kings
Evidence
,
as
stifler
of
the
Plot
;
and
from
hence
they
concluded
to
insinuate
into
the
Populace
,
that
those
Loyal
Gentlemen
who
had
been
Members
of
the
late
long
Parliament
,
had
joyned
with
the
Court
to
hinder
the
Discovery
of
the
Plot
;
and
if
any
gainsaid
them
,
they
used
such
questions
,
What
,
Are
you
for
Popery
?
Will
you
give
your
Voice
for
a
Papist
?
Are
you
willing
to
have
your
Throat
cut
?
Are
you
for
Arbitrary
Government
?
By
which
means
they
won
over
too
many
to
joyn
with
them
,
Excluding
Loyal
and
Orthodox
Gentlemen
.
to
exclude
many
Loyal
and
Orthodox
Gentlemen
from
being
chosen
Members
of
Parliament
.
Their
design
was
advantaged
because
some
were
their
friends
of
old
,
others
had
come
the
half
way
over
to
gain
the
reputation
of
moderate
men
,
others
had
been
disgusted
by
the
Government
.
The
Conventicle
Teachers
rallied
up
their
Flocks
,
and
they
all
joyned
to
slander
the
Clergy
as
if
they
had
a
kindness
for
Popery
in
their
hearts
,
though
they
durst
not
discover
it
for
the
present
:
And
generally
blasted
all
the
Loyal
Gentry
as
Popishly
affected
,
the
Court-Party
Pensioners
,
&c.
So
that
if
any
one
bore
any
Publick
Office
Military
or
Civil
,
he
was
eo
nomine
to
be
rejected
.
The
Persons
they
recommended
to
the
People
to
be
chosen
,
were
first
all
those
Gentlemen
,
who
called
themselves
the
Country
[
](A46988-e142740-b)(k)
(k)
Idem
,
p.
5.
Party
,
who
had
appeared
most
zealous
against
his
present
Majesty
,
the
Queen
Dowager
,
and
Ministers
of
State
.
To
these
they
added
as
many
as
they
could
of
the
reliques
of
the
old
Rebellion
,
or
their
Children
,
and
made
up
the
number
out
of
the
moderate
and
discontented
Gentlemen
,
Burgesses
and
Tradesmen
.
It
was
sufficient
recommendation
if
the
Government
had
displaced
any
,
for
these
were
looked
upon
as
not
to
be
corrupted
or
bought
off
:
and
here
and
there
they
took
in
an
honest
Gentleman
,
in
hopes
to
win
him
to
their
side
by
this
kindness
.
After
the
dissolution
of
this
Parliament
,
when
his
late
Majesty
issued
out
his
Writs
for
another
to
convene
,
17
Oct.
1679.
they
added
to
their
former
Arts
the
loud
clamours
against
French
Pensioners
,
French
Pensioners
.
Popery
,
Arbitrariness
,
and
all
those
who
voted
against
the
Bill
of
Exclusion
,
as
Popishly
affected
,
or
downright
Papists
;
traducing
his
Majesty
,
the
Court
,
the
Ministers
of
State
,
and
almost
all
the
Loyal
Gentry
and
Clergy
for
endeavouring
to
have
those
men
chosen
.
The
second
advantage
they
made
was
the
pretended
discovery
of
[
](A46988-e142810-b)(l)
(l)
Address
,
part
3.
p.
5.
Sir
Stephen
Fox
of
the
Pensioners
of
the
late
long
Parliament
:
which
discovery
being
hastily
made
,
and
no
Record
of
it
being
entred
,
Pensioners
to
the
King
.
they
took
the
confidence
to
add
to
it
whomsoever
they
pleased
to
have
so
thought
;
They
made
the
People
believe
they
knew
who
would
be
Pensioners
likewise
,
and
led
the
diffidence
to
that
height
,
as
to
exclude
as
far
as
they
could
possibly
,
not
only
all
the
Courtiers
and
other
Persons
who
had
any
places
of
profit
and
advantage
under
his
Majesty
,
but
their
Relations
too
,
and
wanted
not
much
that
they
had
excluded
all
those
who
bore
any
Honorary
Imployment
.
So
that
nothing
recommended
a
man
so
effectually
for
a
Parliament
man
,
as
that
he
had
not
been
thought
fit
to
be
trusted
in
the
least
by
his
then
Majesty
,
or
their
Neighbour
Gentry
,
these
they
cried
up
as
true
Friends
to
the
Protestant
Religion
,
and
the
Country
;
and
he
was
an
hard-hearted
Man
in
their
Dialect
,
who
called
the
Sincerity
of
their
Loyal
Intentions
in
question
:
However
by
their
Actings
,
many
of
them
have
been
discovered
to
be
but
cold
Friends
to
the
Government
.
But
Intending
to
discourse
more
fully
of
the
several
Arts
us'd
by
designing
Men
in
the
Chapter
of
Factions
,
I
shall
at
present
quit
this
Subject
,
and
only
desire
Kings
to
consider
,
that
they
can
condescend
no
lower
to
gratifie
Importunities
of
Parliament
or
People
,
in
yielding
up
any
of
their
Privileges
.
The
Philosopher
of
old
hath
noted
,
how
Kingly
Authority
was
lessened
among
the
Grecians
,
which
was
no
ways
profitable
to
them
.
He
speaking
of
Kings
.
in
the
Heroick
times
,
[
](A46988-e142890-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
l.
3.
c.
14.
That
then
they
had
the
Government
and
Administration
of
Matters
in
the
Cities
,
and
the
adjoyning
Territories
within
their
Dominions
,
and
what
extended
without
the
Limits
of
the
Empire
(
viz.
to
preserve
and
protect
their
Subjects
against
their
Enemies
,
make
War
and
Peace
,
&c.
)
But
after
,
partly
by
the
spontaneous
Concessions
of
the
Princes
,
and
partly
by
the
Encroachment
of
the
People
,
they
came
to
be
lessened
in
Power
,
and
in
some
Cities
had
only
the
Power
of
Sacrificing
left
,
in
others
the
Command
of
their
Armies
.
This
,
as
well
as
other
Reasons
,
must
needs
demonstrate
,
That
if
ever
any
two
Houses
of
Parliament
should
by
Arts
of
Insinuation
(
as
that
of
1641.
did
,
That
unless
the
King
would
grant
they
might
not
be
dissolved
without
their
Consents
,
Kings
never
to
yield
what
the
Long
Parliament
were
so
earnest
for
.
they
could
not
have
time
to
settle
his
Throne
,
and
redress
Grievances
)
or
by
denying
necessary
Supplies
,
force
a
King
to
grant
them
a
Power
of
prolonging
their
own
Sitting
,
or
meeting
at
stated
times
without
his
Writ
,
or
yielding
to
their
Bills
implicitly
,
(
as
the
Black
Parliament
of
41.
endeavoured
)
and
then
to
have
the
Power
of
nominating
the
Great
Ministers
of
State
,
and
the
Officers
of
the
Militia
,
an
end
would
be
soon
put
to
Monarchy
.
Therefore
every
one
that
loves
their
Country
,
The
Care
to
be
had
in
Elections
.
the
continuance
of
that
most
excellent
Frame
of
Government
,
for
the
Subjects
security
,
as
no
other
Country
enjoys
;
those
who
would
avoid
the
sad
Ravages
of
Civil
War
,
who
would
make
their
Prince
Glorious
,
their
Country
Renowned
,
themselves
and
their
Posterities
Happy
:
let
them
be
careful
to
elect
Loyal
and
Judicious
Members
,
neither
tainted
with
Faction
,
Ambition
,
or
Self-ends
;
and
if
any
such
be
elected
,
let
the
Wise
and
Loyal
,
when
they
meet
in
that
Great
Assembly
,
watch
over
the
Designs
of
such
ill
Members
,
discover
their
Intriegues
,
be
careful
not
to
be
circumvented
by
their
Artifices
,
stick
close
to
the
Fundamentals
of
Government
;
and
then
all
things
will
be
prosperous
,
and
they
will
have
the
honour
of
being
stiled
True
Patriots
of
their
Country
.
Sir
[
](A46988-e142990-b)(n)
(n)
4.
Instit.
p.
35.
Edward
Coke
hath
noted
,
That
Parliaments
succeed
not
well
in
five
Cases
.
Several
Cases
where
Parliaments
succeed
not
well
,
when
the
King
is
displeased
with
the
Two
Houses
.
First
,
when
the
King
hath
been
in
displeasure
with
his
Lords
or
Commons
;
therefore
it
was
one
of
the
Petitions
of
the
Commons
to
Edw.
3.
That
he
would
require
the
Archbishop
,
and
all
other
of
the
Clergy
,
to
pray
for
his
Estate
,
for
the
Peace
and
good
Government
of
the
Land
,
and
for
the
continuance
of
the
King
's
Good-will
towards
the
Commons
;
to
which
the
[
](A46988-e143050-b)(o)
(o)
Rot.
Parl.
25
E.
3.
num.
15.
43
E.
3.
num.
1.
50
E.
3.
num.
2.
King
replied
,
The
same
prayeth
the
King
.
The
like
Petition
he
saith
,
many
times
the
Lords
have
made
,
and
further
adds
,
That
the
King
in
all
his
weighty
affairs
,
had
used
the
advice
of
his
Lords
and
Commons
,
always
provided
,
that
both
Lords
and
Commons
keep
within
the
Circle
of
the
Law
,
and
Custom
of
Parliament
.
The
second
is
when
any
of
the
great
Lords
are
at
variance
among
themselves
,
as
he
instanceth
in
the
third
[
](A46988-e143140-b)(p)
(p)
Rot.
Parl.
3
H.
6.
num.
18.
When
Variance
among
the
Lords
.
of
H.
6.
in
the
Controversy
betwixt
John
Earl
Marshal
,
and
Richard
Earl
of
Warwick
,
and
4
H.
6.
betwixt
the
Duke
of
Gloucester
and
Bishop
of
Winchester
,
whereby
little
was
done
in
any
Parliamentary
Court
,
and
that
little
of
no
moment
.
The
third
,
When
no
good
Correspondence
betwixt
the
Lords
and
Commons
.
when
there
is
no
good
Correspondence
betwixt
the
Lords
and
Commons
;
which
happens
,
when
some
People
out
of
design
to
render
the
meeting
of
the
two
Houses
ineffectual
,
do
project
some
matters
,
whereby
the
Houses
may
clash
about
Privileges
,
as
was
lately
in
Shirley's
Case
,
about
the
Mony-Bill
from
the
House
of
Lords
,
and
many
other
Particulars
might
be
instanced
in
;
therefore
Sir
Edward
Coke
saith
,
That
when
it
was
demanded
by
the
Lords
and
Commons
,
what
might
be
a
principal
Motive
for
them
to
have
good
success
in
Parliaments
,
Sitis
insuperabiles
,
si
fuertis
inseparabiles
.
it
was
answered
,
They
should
be
insuperable
,
if
inseparable
,
Cum
radix
&
vertex
Imperii
in
Obedientium
consensu
rata
sunt
.
The
very
root
and
top
of
Government
consists
in
the
consent
of
the
Obedient
,
and
the
Subjects
Happiness
is
in
that
Harmony
,
when
it
is
betwixt
the
two
Houses
,
and
among
themselves
:
but
much
more
happy
,
when
it
is
likewise
betwixt
the
Sovereign
,
and
the
two
Houses
.
It
is
that
which
compleats
their
own
,
and
the
Peoples
Felicity
.
But
when
the
two
Houses
,
or
one
of
them
,
are
for
wresting
the
Sovereigns
Prerogative
from
him
,
as
in
Forty
one
,
then
it
is
the
most
fatal
and
ill-boding
sign
of
any
other
.
The
fourth
is
,
When
Disagreement
in
the
House
of
Commons
.
when
there
wants
Unity
in
the
House
of
Commons
,
as
we
had
not
long
since
Experience
,
when
within
those
Walls
(
from
whence
wholesome
Counsels
are
expected
,
and
all
things
tending
to
the
preservation
of
the
King's
Peace
,
Crown
,
and
Dignity
;
)
such
Heats
were
amongst
the
Members
,
that
if
one
Sword
,
that
was
half
drawn
,
had
been
wholly
unsheathed
,
it
was
thought
a
very
bloody
Battel
had
been
fought
.
The
last
he
makes
,
When
no
Preparation
for
the
Parliament
.
is
when
there
is
no
preparation
for
the
Parliament
before
it
begin
;
for
which
purpose
the
Summons
of
Parliament
is
forty
Days
or
more
before
the
Sitting
,
to
the
end
that
Preparations
might
be
had
for
the
considering
the
arduous
and
urgent
affairs
of
the
Realm
.
And
Sir
Edward
saith
it
was
an
ancient
custom
in
Parliament
,
in
the
beginning
thereof
,
to
appoint
a
select
Committee
to
consider
of
the
Bills
in
the
two
preceding
last
Parliaments
that
passed
both
Houses
,
or
either
of
them
,
and
such
as
had
been
preferred
,
read
,
or
committed
,
and
to
take
out
of
them
such
as
were
most
profitable
for
the
Commonwealth
.
To
these
may
be
added
a
most
material
one
,
When
Redress
of
Grievances
are
preferred
to
the
Supply
of
the
King
.
that
makes
unfortunate
Congresses
of
Parliaments
,
viz.
When
the
Members
come
up
,
with
strong
Resolutions
to
provide
Remedies
for
some
Grievances
,
either
real
or
surmised
,
and
at
the
same
time
the
Sovereign
is
in
great
Straights
,
for
supplies
for
the
safety
,
repute
,
or
necessary
occasions
of
the
Government
;
for
then
(
as
in
most
of
the
Parliaments
of
King
Charles
the
First
)
the
Houses
are
for
redress
of
Grievances
,
before
supply
,
how
pressing
and
urgent
soever
,
and
do
not
credit
the
King
that
he
will
give
them
time
to
redress
them
,
after
he
is
supplied
;
and
they
from
design
,
rather
than
this
diffidence
,
will
not
suffer
supply
and
grievances
to
go
pari
passu
,
Hand
in
Hand
,
as
we
may
remember
in
those
Parliaments
,
wherein
the
popular
Men
made
such
Harangues
,
that
they
would
know
whether
they
were
Freemen
,
or
Slaves
,
or
had
any
thing
to
give
before
they
entred
upon
the
giving
part
:
The
like
we
saw
in
King
Charles
the
Second's
Reign
,
in
some
of
his
last
Parliaments
,
whereby
all
their
Consultations
were
abortive
;
and
both
the
Kings
had
no
other
Expedient
but
Prorogation
,
or
Dissolution
;
and
disuse
of
Parliaments
for
some
Years
followed
.
How
much
happier
have
we
been
in
the
last
Session
of
the
Parliament
,
under
our
most
Wise
,
The
happy
Harmony
in
the
last
Session
of
Parliament
,
June
1685.
Magnanimous
and
Gracious
King
,
wherein
no
strife
or
contention
was
,
but
who
should
be
forwardest
to
supply
the
necessities
of
the
Crown
,
to
shew
all
Loyal
Dutifulness
to
their
Sovereign
,
whereby
a
most
dangerous
Rebellion
in
both
Kingdoms
was
the
easilier
crushed
;
and
which
endears
them
to
the
King
,
that
there
can
be
no
danger
,
but
whatever
good
and
wholsome
Laws
they
shall
propose
for
the
general
good
of
the
Kingdom
,
will
find
a
chearful
allowance
by
him
.
How
happy
had
our
Forefathers
been
if
King
Charles
the
First
had
met
with
such
considerate
Parliaments
,
who
by
a
seasonable
supply
and
compliance
,
might
have
had
(
without
that
vast
effusion
of
Blood
and
Treasure
)
all
their
Grievances
redressed
,
and
the
flourishing
State
of
the
Kingdom
preserved
,
and
the
Memories
of
a
great
many
Noblemen
and
Gentlemen
had
been
transmitted
without
stain
to
their
remote
Nephews
.
But
to
draw
towards
a
Conclusion
of
this
Discourse
,
Some
not
willing
to
hear
of
the
Miscarriages
of
Parliaments
,
think
this
Discourse
needless
.
Some
that
may
not
be
willing
to
hear
of
the
Miscarriages
of
some
Parliaments
,
wherein
probably
they
were
concerned
,
may
say
,
what
need
is
there
now
,
to
bring
again
upon
the
Stage
the
rigorous
Proceedings
of
the
two
Houses
of
Parliament
,
or
more
properly
of
the
leading
and
designing
Men
in
the
House
of
Commons
,
in
the
Years
1640
,
and
1680.
since
we
are
now
happily
past
these
Rocks
,
Quicksands
,
and
treacherous
Shores
.
All
the
World
indeed
must
acknowledg
we
have
a
Royal
,
wise
Pilot
,
Because
we
have
a
most
wise
King
,
and
good
Parliament
.
who
knows
full
well
to
steer
the
Soveraignty
of
the
Commonweal
.
He
hath
weathered
out
high
going
Seas
;
so
that
neither
their
over-whelming
liquid
Mountains
,
nor
the
terrible
Shot
from
the
floating
Castles
have
daunted
him
;
magnanimity
,
unparallel'd
Courage
,
and
an
Experience
beyond
most
Crowned
Heads
,
have
raised
him
great
Trophies
of
his
Victorious
toils
:
He
is
served
with
sage
Councils
,
both
private
and
National
.
So
that
all
must
confess
we
have
less
cause
to
fear
any
more
dangers
of
Hurricanes
and
Shipwracks
.
But
though
we
now
enjoy
Halcyon
days
,
Yet
we
are
not
secure
but
that
in
after-Ages
evil
Members
of
Parliament
may
be
.
under
a
Sovereign
,
enriched
with
Royal
abilities
to
the
heighth
of
our
Wishes
;
though
he
is
blessed
with
a
Parliament
,
as
Loyal
as
can
be
desired
,
betwixt
whom
there
is
no
other
Strife
,
but
who
shall
out-pass
the
other
in
mutual
Obligations
:
Yet
are
we
secure
,
that
no
ill
Exhalations
may
be
gathered
in
after-Ages
?
Can
we
expect
always
temperate
Weather
,
pleasing
Sunshine
,
and
fruitful
Showres
?
No
,
in
small
revolutions
of
Years
we
find
Epidemical
Diseases
return
;
excesses
of
Drought
,
Rains
,
or
Frosts
,
are
often
marked
in
our
Annals
,
even
after
promising
Configurations
of
the
Coelestial
Bodies
.
I
write
not
an
Almanack
for
a
Year
,
The
Design
of
the
Author
in
writing
against
the
Exorbitances
of
some
.
or
Pamphlet
for
a
time
,
my
Design
is
not
Infandum
renovare
Dolorem
out
of
any
Pique
;
but
as
much
as
in
me
lies
to
show
from
the
by-past
Irregularities
,
and
Exorbitances
of
some
Men
,
how
Loyal
,
good
,
and
Just
Men
may
measure
things
by
the
Golden
Standard
of
the
Laws
;
how
mischievous
Practices
and
Principles
may
be
obviated
;
how
every
one
may
see
what
the
upshot
of
rebellious
Principles
will
be
;
how
to
detect
,
and
how
to
avoid
the
same
kind
of
Rocks
and
Sands
in
after-Ages
.
I
know
some
Persons
recovered
from
a
valitudinary
Condition
,
Some
love
not
to
hear
of
their
Distempers
.
love
not
to
hear
of
the
Torments
they
have
undergone
,
nor
of
the
Extravagances
of
their
delirous
State
:
Yet
this
should
not
hinder
but
the
Healthful
,
and
those
that
would
avoid
the
Calenture
,
should
patiently
endure
to
hear
a
Description
of
the
Causes
and
Symptoms
.
In
this
Discourse
I
have
only
culled
out
such
Particulars
,
The
Author's
Apology
for
himself
.
as
I
find
Judicious
Authors
have
insisted
upon
,
against
the
unprecedented
Proceedings
of
some
late
Houses
of
Commons
;
which
I
think
all
Loyal
Persons
disapprove
;
and
I
believe
a
great
many
as
well
as
my self
,
have
heard
many
of
the
then
sitting
Members
dislike
,
when
things
were
carried
with
an
impetuous
Torrent
,
that
it
was
more
dangerous
to
speak
against
their
proceedings
,
or
question
the
unlimited
Power
assumed
by
that
House
,
than
it
was
to
speak
Seditious
(
I
had
almost
said
Treasonable
)
Words
against
the
King
.
Therefore
I
hope
none
of
this
present
Honourable
House
of
Commons
(
who
have
so
signalized
their
Loyalty
in
the
last
Session
)
will
take
offence
at
what
,
from
such
judicious
Persons
as
I
have
met
with
,
I
have
delivered
the
Sentiments
of
.
My
intention
is
no
ways
to
lessen
the
Rights
,
or
necessary
Privileges
of
that
venerable
Assembly
;
which
never
can
be
unbeneficial
to
the
King
,
or
People
,
but
when
Discontent
,
Faction
,
and
Sedition
hath
too
spreadingly
infected
the
Electors
.
The
continuance
of
that
worst
of
Parliaments
of
1641.
What
evil
Principles
taught
during
the
Long
Parliament
.
in
their
disloyal
Practices
so
long
,
by
the
overgrowing
of
the
Tares
,
which
were
only
suffered
to
thrive
,
occasioned
so
much
corrupt
seed
to
be
sown
,
as
in
twenty
years
there
was
no
wholesom
grain
left
.
We
saw
too
late
,
how
by
some
evil
Seedsmen
,
a
fertile
,
but
dangerous
Crop
was
shooting
up
apace
.
It
is
not
a
little
Labour
,
nor
small
diligence
,
will
howe
and
weed
out
the
Briars
,
Thistles
,
and
destructive
Shrubs
,
and
poysonous
Weeds
,
that
shoot
their
spreading
Roots
so
far
:
But
I
hope
the
great
Wisdom
of
this
Loyal
Parliament
,
will
find
out
ways
and
methods
to
prevent
the
danger
of
their
thriving
in
a
Soil
,
worthy
of
better
Plants
,
than
any
will
be
set
by
Republican
Hands
.
CHAP.
XXX
.
Of
the
Kings
most
Honourable
Privy-Council
.
I
Find
by
several
Authors
,
Four
kinds
of
the
King's
Councils
.
The
First
.
that
there
are
reckoned
Four
Councils
of
the
King
.
First
,
The
Magnum
Concilium
,
consisting
of
the
Prelates
and
Nobles
in
Parliament
;
of
which
Bracton
[
](A46988-e143730-b)(a)
(a)
Lib.
1.
c.
2.
may
be
consulted
,
and
what
I
have
writ
in
the
Chapter
of
Parliaments
.
Secondly
,
A
Convention
of
the
Peers
of
the
Realm
,
The
Second
.
Lords
of
Parliament
,
yet
not
meeting
as
a
Parliament
,
which
appears
manifestly
in
the
Record
,
25
Aug.
5
H.
7.
upon
an
exchange
made
of
some
Lands
betwixt
the
King
and
the
Earl
of
Northumberland
;
the
King
promiseth
to
deliver
the
Earl
Lands
to
the
value
,
&c.
by
[
](A46988-e143830-b)(b)
(b)
Per
advice
&
assent
du
Estates
de
son
Realm
de
son
Parliament
(
parensi
que
Parliament
soit
devant
le
Feast
de
St.
Lucy
)
ou
autrement
,
per
advice
de
son
Grand
Council
,
&
autres
Estates
de
son
Realm
que
le
Roy
serra
assemblez
,
devant
le
dit
Feast
,
in
case
que
le
Parliament
ne
soit
.
Coke
1.
Instit.
lib.
2.
c.
10.
sect.
164.
the
Advice
of
the
Estates
of
his
Realm
of
his
Parliament
(
if
the
Parliament
be
convened
before
the
Feast
of
St.
Lucy
)
or
otherwise
,
by
the
Advice
of
his
Great
Council
,
and
other
Estates
of
his
Realm
,
which
the
King
shall
Assemble
before
the
said
Feast
,
in
case
the
Parliament
be
not
called
:
which
well
agreeth
with
the
Act
of
Parliament
,
37
E.
3.
c.
18.
where
it
is
said
,
before
the
Chancellor
,
Treasurer
,
and
Great
Council
.
Thirdly
,
The
Kings
Privy
Council
,
which
appears
to
be
different
from
the
last
Great
Council
,
by
many
Records
,
and
particularly
,
by
that
of
[
](A46988-e143900-b)(c)
(c)
Rot.
Claus.
16
E.
2.
m.
5.
dorso
.
16
E.
2.
where
it
is
said
,
Hen.
de
Bellomont
Baron
of
the
Kings
Great
and
Private
Council
was
sworn
.
This
Council
is
called
Concilium
Privatum
,
secretum
&
continuum
Regis
.
The
Privy
Council
properly
so
called
.
Lord
President
.
The
First
Member
of
this
Council
,
is
the
Lord
President
,
who
was
anciently
called
Principalis
Consiliarius
,
and
sometimes
Capitalis
Consiliarius
.
The
first
Lord
President
Sir
Edward
Coke
[
](A46988-e144020-b)(d)
(d)
4.
Instit.
c.
2.
fol.
55.
1.
par.
Pat.
num.
22.
John
Bishop
of
Norwich
is
mentioned
7
Jo.
by
Matt.
Paris
,
fol.
205.
mentions
,
was
the
Earl
of
Lancaster
50
E.
3.
1
R.
2.
then
he
reckons
these
in
order
,
the
Duke
of
Bedford
,
1
H.
6.
the
Duke
of
Gloucester
,
10
H.
6.
the
Duke
of
York
11
and
22
H.
6.
John
Russel
Bishop
of
Rochester
,
and
after
of
Lincoln
is
called
President
13
E.
4.
John
Fisher
Bishop
of
Rochester
12
H.
7.
Charles
Brandon
Duke
of
Suffolk
from
the
25th
.
to
the
37th
.
of
H.
8.
the
Lord
Pawlet
1
E.
6.
the
Duke
of
Northumberland
5
and
7
of
E.
6.
the
Earl
of
Arundel
1
and
2
Ph.
and
M.
in
Q.
Elizabeth's
time
we
find
none
;
but
in
this
Catalogue
Mr.
Prynne
[
](A46988-e144390-b)(e)
(e)
Animadv
.
p.
45.
Pat.
13
E.
4.
part
1.
m.
3.
hath
truly
noted
,
That
the
Bishop
of
Rochester
was
not
made
President
of
the
Kings
Council
,
but
of
the
Prince's
,
and
was
his
Tutor
,
as
appears
by
the
Patent
it self
there
cited
,
dated
the
10th
.
of
Nov.
This
Office
of
Lord
President
was
never
granted
but
by
Letters
Patents
under
the
Great
Seal
,
durante
beneplacito
.
In
the
Statute
of
21
H.
8.
c.
2.
he
is
said
to
be
attendant
on
the
Kings
most
Royal
Person
;
the
reason
of
which
,
saith
Sir
Ed.
Coke
,
is
,
That
of
latter
times
he
hath
used
to
report
to
the
King
the
Passages
,
and
the
State
of
the
business
at
the
Council
Table
.
The
Lord
Privy
Seal
is
the
next
Principal
Person
that
hath
Precedence
in
the
Kings
Council
,
Lord
Privy-Seal
.
concerning
whose
Office
my
Lord
[
](A46988-e144540-b)(f)
(f)
4.
Instit.
c.
2.
fol.
56.
Coke
hath
discoursed
at
large
,
to
whom
I
must
refer
the
Curious
Reader
,
as
also
to
him
for
the
Acts
of
Parliament
,
Orders
of
the
same
,
and
Acts
of
Council
(
together
with
Mr.
Prynne's
[
](A46988-e144600-b)(g)
(g)
P.
45.
Animadversions
)
whereby
the
Privy-Council
was
to
be
regulated
;
and
concerning
the
Jurisdiction
,
and
Proceedings
of
the
Kings
Council
,
Mr.
Lambard's
[
](A46988-e144630-b)(h)
(h)
P.
108.
to
116.
fol.
29.
Archaion
,
and
Mr.
Crompton's
Jurisdiction
of
Courts
may
be
consulted
;
the
several
Bundels
of
Petitions
to
the
King
and
his
Council
in
the
Tower
of
London
,
and
the
Answers
to
them
,
the
Placita
Parliamentaria
coram
Rege
&
Concilio
,
in
the
Tally
Office
of
the
Exchequer
,
and
in
the
Parchment
Book
of
them
in
the
Tower
under
King
Edward
the
First
,
printed
by
Mr.
[
](A46988-e144730-b)(i)
(i)
In
Placit
.
Parl.
&
Append.
Those
summoned
to
Parliaments
as
Assistants
,
called
the
King's
Council
and
in
Parliament-time
joyned
with
the
King's
Council
in
several
Cases
.
Ryley
.
Of
this
Privy
Council
there
seems
to
me
to
be
two
sorts
,
one
constantly
attending
the
King
,
and
his
Affairs
,
the
other
in
Parliament
time
only
;
which
had
their
particular
Summons
,
as
I
have
before
at
full
discoursed
of
:
and
these
two
I
find
so
obscurely
distinguished
,
that
it
is
difficult
in
some
places
to
understand
which
are
meant
;
but
I
think
in
time
of
Parliament
these
were
joyned
to
the
Kings
Council
;
for
besides
that
they
had
a
distinct
Summons
,
and
in
them
(
as
a
specifical
distinction
)
the
word
caeteris
was
omitted
,
in
that
part
of
the
Summons
which
runs
,
dictis
die
&
loco
personalitor
intersitis
nobiscum
,
ac
cum
caeteris
Praelatis
,
Magnatibus
,
&c.
because
they
were
not
Parliamentary
Barons
,
there
was
also
added
in
proceedings
and
judgments
upon
them
,
these
words
,
coram
ipso
Domino
Rege
&
ejus
concilio
ad
Parliamenta
sua
,
or
,
ad
Parliamentum
suum
,
or
coram
Concilio
nostro
in
praesenti
Parliamento
.
For
the
particular
Instances
of
which
,
being
they
are
very
numerous
,
Mr.
Prynn's
[
](A46988-e144840-b)(k)
(k)
A
pag.
363.
ad
pag.
393.
brief
Register
may
be
consulted
,
wherein
it
seems
to
me
upon
the
perusal
of
the
several
Records
,
that
these
Assistants
to
the
House
of
Lords
were
likewise
joyned
to
the
rest
of
the
Kings
standing
Council
in
Parliament
time
:
so
it
is
expressed
in
the
Case
of
[
](A46988-e144870-b)(l)
(l)
Idem
,
pag.
378.
John
Sal●eyn
and
Margaret
his
Wife
,
and
Isabel
her
Sister
,
Daughters
and
Heirs
of
Robert
de
Ross
de
Work
,
thus
,
Habito
super
praemissis
diligenti
tractatu
,
per
ipsum
Dom.
Regem
,
&
totum
Concilium
:
and
in
the
same
it
is
thus
also
worded
,
videtur
Dom.
Regi
,
&
Concilio
suo
,
&
concordatum
est
,
&
consideratum
per
ipsum
Dom.
Regem
&
Concilium
suum
.
So
in
others
,
per
Concilium
Archiepiscoporum
,
Episcoporum
,
Comitum
,
&
Baronum
,
caeterorumque
[
](A46988-e144960-b)(m)
(m)
Idem
,
pag.
380.
de
Concilio
suo
existentium
,
&
singulis
de
Concilio
suo
,
&
totius
Concilii
Domini
Regis
.
So
in
21
E.
1.
the
Archbishop
of
York's
Case
:
videtur
Domino
Regi
in
pleno
Parliamento
praedicto
,
Comitibus
,
Baronibus
,
Justiciariis
&
similiter
toti
Concilio
ipsius
Dom.
Regis
;
and
so
it
is
said
,
Magnates
&
alios
de
Concilio
ipsius
Domini
Regis
rogavit
.
This
is
further
cleared
by
sundry
[
](A46988-e145040-b)(n)
(n)
Idem
,
pag.
383.
The
Court
of
Star-chamber
was
said
to
be
coram
Rege
&
Concilio
suo
.
See
Coke
Inst.
4.
c.
5.
Prefaces
to
,
and
passages
in
our
Printed
Statutes
,
as
formerly
I
have
noted
;
So
the
Statute
of
Bigamy
4
Oct.
4
E.
1.
saith
,
In
the
presence
of
certain
Reverend
Fathers
,
Bishops
of
England
,
and
others
of
the
Kings
Council
,
the
constitutions
under
written
were
recited
,
after
heard
and
published
before
the
King
and
his
Council
;
for
as
much
as
all
the
Kings
Council
,
Justices
,
and
others
did
agree
.
So
the
Statute
of
Quo
Warranto
,
30
E.
1.
Cum
apud
Westminster
,
per
nos
&
Concilium
nostrum
provisum
.
So
33
E.
1.
it
is
agreed
,
and
ordained
by
the
King
,
and
all
his
Council
.
So
42
E.
3.
c.
3.
the
Statute
made
on
Petition
of
the
Commons
in
Parliament
begins
,
[
](A46988-e145200-b)(o)
(o)
Plese
a
nostre
Seigneur
le
Roy
,
&
son
bon
Counsel
,
pur
droyt
Government
de
son
Peuple
,
ordeigner
.
Pleaseth
it
our
Lord
the
King
,
and
his
good
Council
,
for
the
better
Government
of
his
People
,
to
ordain
.
By
great
store
of
Records
it
is
apparent
,
that
in
old
times
,
the
Kings
and
their
Councils
gave
Judgment
in
divers
Cases
of
difficulty
;
and
other
Common
Cases
,
concerning
the
Law
of
the
Realm
,
[
](A46988-e145230-b)(p)
(p)
See
11
H.
4.
num.
28.
&
63.
Respectuatur
per
Dom.
Principem
&
Concilium
.
Pryn.
Animadv
.
p.
39.
264
,
265
,
267
,
296.
calling
those
who
were
learned
in
the
Laws
,
for
Assistants
therein
,
as
Mich.
53
and
54
H.
3.
rot.
37.
in
the
Case
of
Assise
of
Mort
d'auncester
brought
by
Alexander
King
of
Scots
,
against
John
de
Burgo
.
But
as
hereafter
I
shall
shew
,
much
of
the
Power
of
the
Kings
Council
is
now
taken
away
.
The
Fourth
Council
of
the
King
,
The
King's
Council
at
Law
.
are
the
Kings
Judges
at
Law
,
who
are
his
Council
at
Law
in
all
Cases
wherein
he
hath
occasion
to
consult
them
,
as
appears
in
the
Law
Books
,
and
particularly
may
be
found
in
[
](A46988-e145380-b)(q)
(q)
1.
Instit.
lib.
2.
cap.
10.
sect.
164.
Sir
Edward
Coke
,
of
which
I
may
have
occasion
to
speak
in
the
Chapter
of
Judges
.
I
thought
to
premise
these
things
for
the
better
understanding
of
the
differences
of
the
Kings
several
Councils
,
and
shall
now
proceed
to
discourse
of
the
most
Honourable
Privy
Council
in
general
,
as
Counsel
is
necessary
for
Princes
to
have
,
and
as
they
ought
to
be
qualified
,
what
their
Office
and
Imployment
is
,
and
ought
to
be
,
both
in
Relation
to
all
Princes
Secret
Councils
,
and
particularly
,
according
to
the
constitution
of
England
,
according
to
my
poor
Abilities
.
The
most
Honourable
Privy-Council
consists
of
Noble
and
Wise
Persons
,
chosen
by
the
Prince
to
assist
him
with
their
sage
and
faithful
Advice
,
in
the
weighty
Affairs
of
Government
.
Kings
cannot
by
their
own
personal
knowledge
comprehend
[
](A46988-e145480-b)(r)
(r)
Nec
unilts
me
●●em
,
tant●e
molis
esse
capacem
,
Tacit.
1.
Annal.
all
things
,
therefore
it
is
needful
for
them
to
assume
others
in
participationem
curarum
;
especially
great
and
weighty
Affairs
need
great
Coadjutors
,
as
Paterculus
[
](A46988-e145520-b)(s)
(s)
magna
negotia
magnis
egere
adminiculis
.
Velleius
,
l.
2.
well
notes
;
and
the
[
](A46988-e145540-b)*
*
Principis
labores
queis
orbem
terrae
capessit
,
egere
adminicu
lis
,
ut
domestica
cura
vacuus
,
in
commune
consular
.
Tacitus
12.
Annal.
grave
Historian
tells
us
,
That
Labours
of
Princes
,
by
which
they
manage
their
vast
Countries
,
need
helps
;
that
being
free
from
Domestick
Cares
,
they
may
consult
for
the
Publick
.
Whoever
looks
only
upon
the
Port
and
Grandeur
of
Princes
,
their
soft
Raiment
,
and
feeding
delicately
,
may
think
it
a
pleasing
and
desirable
State
;
but
they
never
reflect
on
the
anxious
Cares
,
the
difficulties
of
managing
Matters
,
upon
which
great
and
momentous
events
,
and
ordering
of
vast
bodies
,
of
different
Interests
,
depend
.
Therefore
the
[
](A46988-e145560-b)(t)
(t)
Rhetor.
ad
Alex.
Philosopher
well
noted
,
That
to
give
give
good
Counsel
is
one
of
the
Divinest
things
among
Men.
Whereas
on
the
other
Hand
,
when
Counsel
is
supine
,
Government
must
be
tottering
;
but
a
Mind
[
](A46988-e145570-b)(u)
(u)
Animus
qui
verum
seit
,
scit
tuto
aggredi
.
Thucyd
l.
1.
setled
in
Resolves
,
safely
attempts
any
thing
.
That
Reason
being
the
soundest
,
which
useth
Cunctation
and
Deliberation
,
and
forefears
as
well
as
foresees
,
what
will
happen
;
because
in
acting
,
it
will
produce
Confidence
.
For
they
must
be
a
great
Defect
,
where
Counsel
is
not
taken
before
Action
;
It
being
for
Sword-Players
,
not
those
that
bear
the
Sword
of
Magistracy
,
In
arena
Consilium
capere
.
As
to
the
use
of
Counsellors
,
[
](A46988-e145610-b)(w)
(w)
Quod
fieri
debet
tractato
cum
multis
:
quod
facturus
es
,
cum
paucissimis
&
fidelissimis
.
Lib.
3.
de
Re
militari
.
Vegetius
tells
us
it
becomes
a
Prince
to
treat
of
those
things
which
ought
to
be
considered
with
many
;
but
those
which
are
to
be
executed
,
with
few
,
or
rather
by
himself
:
agreeable
to
which
,
is
what
the
learned
Lord
[
](A46988-e145640-b)(x)
(x)
St.
Alban's
Essays
,
p.
88.
Chancellor
notes
,
That
some
Affairs
require
extream
Secrecy
,
which
will
hardly
allow
to
go
beyond
one
or
two
Persons
,
besides
the
King
;
neither
are
those
Councils
unprosperous
:
for
besides
the
Secrecy
,
they
commonly
go
on
constantly
in
one
Spirit
of
Direction
,
without
Distraction
;
but
such
are
only
to
be
used
by
a
prudent
King
,
who
can
grind
with
an
Handmill
.
A
great
part
part
of
the
[
](A46988-e145680-b)(y)
(y)
Idem
,
p.
87.
Skill
of
a
Prince
is
discovered
in
the
choice
of
wise
Counsellors
;
and
the
managing
of
their
Counsels
,
require
the
greatest
Address
,
Ability
,
and
Dexterity
of
Sovereigns
.
Therefore
the
Antients
feigned
Jupiter
to
marry
[
](A46988-e145720-b)(z)
(z)
Idem
.
Wisdom
of
the
Ancients
.
Princes
to
have
the
Honour
of
Councils
.
Metis
,
viz.
Counsel
,
and
she
being
with
Child
by
him
,
he
eat
her
up
,
and
was
delivered
of
Pallas
out
of
his
own
Head
:
The
Moral
of
which
is
,
That
Princes
refer
matters
to
Council
;
and
when
the
Council
grows
ripe
,
they
are
not
to
suffer
their
Council
to
go
through
with
the
resolution
and
direction
,
as
if
it
depended
on
them
;
but
to
take
matters
back
again
into
their
own
Hands
,
and
so
make
them
appear
to
issue
from
themselves
,
with
Prudence
and
Power
,
as
from
their
own
Head
and
Advice
,
as
Pallas
came
forth
armed
,
fitted
for
present
Action
.
It
is
in
vain
for
Princes
to
take
Counsel
concerning
matters
,
Choice
of
Persons
.
if
they
take
not
Counsel
likewise
concerning
Persons
;
for
the
greatest
Errors
are
committed
,
and
the
most
Judgment
shown
in
Individuals
.
There
was
never
King
bereaved
of
the
Benefit
of
Counsel
,
except
when
there
hath
been
an
over
greatness
in
one
Counsellor
,
or
an
over-strict
Combination
in
divers
:
which
are
things
soon
found
out
,
and
helped
;
therefore
Principis
maxima
est
virtus
nosse
suos
.
In
Council
the
King
presiding
,
Princes
not
to
open
their
Inclinations
too
much
.
should
not
open
his
own
Inclination
too
much
in
that
which
he
propoundeth
,
if
he
desire
sincere
delivery
of
the
Counsellors
Judgments
,
lest
his
Authority
sway
too
much
.
Therefore
Princes
should
take
the
Opinion
of
their
Council
,
both
separate
,
and
together
;
private
Opinion
being
more
free
,
and
Opinion
before
others
more
reverend
.
It
is
therefore
a
Prince's
greatest
Interest
to
be
unprejudicate
,
and
to
keep
an
open
Ear
to
all
wholesome
Counsel
;
for
as
Capitolinus
[
](A46988-e145850-b)(a)
(a)
In
Gordiano
Juniore
.
saith
,
Miser
est
Imperator
apud
quem
vera
reticentur
,
That
prince
is
in
a
very
bad
Condition
,
from
whom
the
true
Estate
of
his
Affairs
is
concealed
.
Several
wise
Princes
have
with
an
even
Hand
distributed
their
regards
to
Counsellors
that
have
mortally
hated
one
another
,
Making
use
of
Counsellors
of
different
Perswasions
or
Interests
.
as
some
observed
in
Louvoy
and
Colbert
;
and
it
is
a
certain
sign
of
a
good
Workman
,
that
can
work
with
any
Tool
.
The
advantage
a
Prince
hath
,
is
that
they
are
Spies
one
upon
another
,
and
will
be
both
aemulous
,
who
can
do
their
Masters
Services
best
;
but
if
they
grow
to
be
the
Heads
of
different
Factions
,
they
will
prove
most
dangerous
.
Having
thus
far
proceeded
as
to
the
Interest
of
a
Prince
,
in
his
Counsellors
,
and
their
advice
,
I
shall
speak
to
the
Qualifications
of
Counsellors
.
In
[
](A46988-e145930-b)(b)
(b)
Leo
Imp.
de
Belli
apparatu
.
secret
affairs
,
faithful
,
temperate
and
close
Persons
,
are
most
fit
Counsellors
,
and
who
have
no
private
Interest
;
The
Qualifications
of
Counsellors
.
for
Secrecy
is
that
invisible
Clasp
that
buckles
great
Affairs
,
the
hidden
hinge
,
upon
which
they
are
moved
,
according
to
[
](A46988-e145950-b)(c)
(c)
Taciturnitas
optimum
ac
tutissimum
rerum
administrandarum
vinculum
.
Lib.
2.
c.
21.
1.
Secresie
.
2.
Ability
.
Valerius
.
For
he
can
never
atchieve
great
matters
,
to
whom
it
is
irksome
to
retain
Secrets
.
So
Aemilius
Probus
,
amongst
the
praises
of
Epaminondas
,
relates
,
that
he
was
Commissi
celans
:
and
Albertus
King
of
Poland
said
he
would
change
his
Shirt
,
if
he
thought
it
were
privy
to
his
Counsels
.
He
is
a
leading
eminent
Man
(
saith
[
](A46988-e146040-b)(d)
(d)
Eum
primum
esse
virum
qui
ipse
consulit
quod
in
rem
sit
;
secundum
eum
qui
bene
monenti
obediat
;
qui
nec
ipse
consulere
,
nec
alteri
parere
scit
,
eum
extremi
esse
ingenii
.
Lib.
2.
Livy
)
who
is
able
to
give
Counsel
;
and
Second
unto
him
,
is
he
that
yields
to
good
Counsel
;
but
he
is
in
the
lowest
form
of
Wit
,
who
neither
can
give
good
Counsel
,
nor
obey
it
.
The
true
Composition
of
a
Counsellor
,
3.
Skill
in
a
Prince's
Affairs
.
(
saith
my
Lord
St.
Albans
)
is
rather
to
be
skilled
in
his
Masters
Business
than
his
Nature
;
for
then
he
is
like
to
advise
him
,
and
not
to
flatter
him
,
and
find
his
Humour
.
For
knowledg
and
Prudence
in
affairs
,
are
principally
requisite
in
Counsellors
,
who
should
be
well
acquainted
with
the
[
](A46988-e146100-b)(e)
(e)
Ad
concilium
in
Republica
dandum
caput
est
nosse
Rempublicam
.
Cic.
de
Orat.
Constitution
of
the
Government
,
the
Laws
,
Rules
,
and
Policy
of
it
;
both
to
be
able
to
advise
in
all
things
relating
to
his
Princes
managment
of
matters
at
home
and
abroad
:
[
](A46988-e146120-b)(f)
(f)
Tacitus
vita
Agricolae
.
Mores
animosque
Provinciae
quaerere
,
To
be
curious
to
dive
into
the
Spirits
,
manners
,
and
Dispositions
of
all
those
his
Prince
hath
to
deal
with
;
whereby
he
may
the
better
suit
his
Masters
occasions
,
by
humouring
and
timing
every
thing
with
a
quiet
Industry
,
and
making
every
matter
be
adapted
to
his
end
,
without
tumultuation
,
and
rude
Shocks
,
but
rather
by
insensible
Screws
.
The
noblest
design
and
endeavour
any
Privy-Counsellor
can
have
,
4.
Not
to
aim
at
Private
Profit
.
is
to
serve
his
King
and
Country
upon
Principles
of
publick
advantage
;
for
it
is
the
worst
of
Poysons
to
the
Judgment
,
and
regards
to
Truth
in
all
Consultations
,
to
aim
at
private
Profit
,
according
to
that
Excellent
remarque
of
[
](A46988-e146160-b)(g)
(g)
Pessimum
veri
affectus
&
judicii
venenum
sua
cuique
utilitas
.
1.
Hist
.
Tacitus
,
That
private
design
of
Profit
is
the
worst
Poyson
of
Judgment
,
and
attaining
Truth
.
For
when
private
Prosit
holds
the
Ballance
,
the
Princes
Standard
is
little
regarded
;
there
being
no
weight
so
deadly
heavy
,
as
when
a
Man's
self
,
and
his
private
Interest
are
cast
into
one
Scale
.
Uprightness
and
Faithfulness
are
two
Master
Ingredients
in
all
Counsellors
.
5.
Uprightness
and
Faithfulness
requisite
.
So
Pliny
[
](A46988-e146220-b)(h)
(h)
Optimum
eum
quemque
,
sideliss●mum
.
Panaegyr
.
tells
Trajan
,
That
he
is
the
best
Man
that
is
most
faithful
to
his
Trust
;
for
by
the
Eyes
of
Counsellors
,
Princes
see
,
by
their
Ears
they
hear
,
and
if
those
Organs
be
depraved
:
the
Princes
Apprehensions
of
things
must
be
adulterated
;
and
the
King
passing
his
Judgment
according
to
their
Representation
,
may
proceed
upon
very
uncertain
or
false
Grounds
.
Counsellors
indeed
are
the
Speculators
of
Princes
,
they
have
therefore
need
of
the
clearest
Sight
,
not
to
be
tainted
with
false
Colours
;
they
are
to
be
quick-sighted
,
to
pry
into
the
Consequences
of
Things
while
in
the
obscure
Shop
of
the
First
Causes
:
they
are
the
Pilots
that
are
appointed
to
steer
the
Ship
of
the
Commonwealth
,
and
so
must
be
skilled
in
the
Chart
,
to
know
to
veer
and
change
with
Emergencies
;
to
know
the
rolling
Sands
,
and
under
Sea-Rocks
;
to
know
the
Coast
and
Creeks
,
the
Measure
of
all
things
relating
to
the
Government
,
both
preceding
,
by-past
,
and
to
come
.
The
[
](A46988-e146260-b)(i)
(i)
Sapiens
Non
semper
in
uno
gradu
,
sed
in
una
via
,
nec
se
in
aliquibus
mutat
,
sed
potius
aptat
.
3.
Histor
.
most
politick
Historian
notes
,
6.
To
pursue
the
Design
of
the
Prince
by
several
ways
.
That
a
wise
Counsellor
,
though
he
may
pass
in
several
Tracts
,
yet
must
never
be
out
of
that
Path
which
will
lead
him
to
the
accomplishment
of
his
Designs
;
and
in
the
necessary
Traverses
he
must
make
,
not
to
be
found
so
much
to
change
,
as
to
suit
himself
to
the
Work
he
is
about
.
It
is
a
great
piece
of
self-denying
Wisdom
in
a
Counsellor
that
desires
to
keep
his
Station
,
7.
To
leave
the
Prince
the
Honour
of
Counsels
.
to
leave
to
his
Master
the
Honour
of
the
contrivance
of
those
advantagious
things
he
suggests
:
—
Aliis
[
](A46988-e146320-b)(k)
(k)
Guntherus
.
magni
reputantibus
,
ipse
Negligit
,
&
modico
factum
metitur
honore
.
So
Agrippa
admonisheth
those
that
would
be
safe
in
Courts
,
to
eschew
the
difficulties
of
things
,
and
leave
the
glory
of
the
accomplishment
of
them
to
those
that
have
the
Supremacy
.
It
is
too
hazardous
a
curiosity
in
some
Princes
Counsellors
to
enquire
into
the
hidden
sence
of
their
Masters
,
8.
Not
to
be
too
curious
in
prying
into
their
Master's
Secrets
.
or
what
they
reserve
in
their
own
dark
thoughts
:
It
being
difficult
to
attain
the
meaning
of
what
they
leave
doubtful
,
according
to
that
of
the
curious
Author
,
[
](A46988-e146380-b)(l)
(l)
Abditos
Principis
sensus
,
&
si
quid
excultius
parat
,
exquirere
inlicitum
anceps
.
Tacit.
lib.
6.
Annal.
c.
2.
It
is
doubtful
and
unlawful
to
enquire
into
the
hidden
Sence
of
a
Prince
,
or
what
he
more
curiously
designs
.
But
this
falls
out
only
under
a
Tiberius
,
or
some
Mysterious
Prince
;
though
it
may
happen
under
a
Good
and
Wise
Prince
,
who
to
leave
the
greater
liberty
of
Debate
,
discovers
not
his
own
inclinations
:
and
under
such
an
one
Counsellors
are
safe
,
especially
when
by
conjectual
Inferences
they
promote
the
end
,
though
they
may
differ
in
the
Medium
.
Pliny
saith
,
[
](A46988-e146450-b)(m)
(m)
In
Consiliario
Principis
tria
maxime
requiruntur
,
libertas
,
fides
,
&
veritas
:
libertas
consilii
est
ejus
vita
,
&
essentia
;
qua
erepta
,
consilium
evanescit
.
Panaegyr
.
three
things
are
required
in
a
Counsellor
,
9.
Liberty
,
Faith
,
and
Truth
requisite
in
a
Privy-Counsellor
.
Liberty
,
Faith
,
and
Truth
.
Liberty
is
the
Life
and
Essence
of
Council
,
which
being
taken
away
,
all
Counsel
vanisheth
;
for
as
good
Counsel
is
the
Soul
of
the
State
,
so
he
that
hath
not
a
Liberty
(
being
bound
by
private
Interest
)
is
but
a
Palsied
Member
;
and
if
Counsellors
want
Faith
and
Verity
,
they
hide
and
disguise
the
Truth
,
which
is
full
of
danger
both
to
the
King
and
[
](A46988-e146490-b)(n)
(n)
Malum
consilium
consultori
pessimum
.
themselves
.
Such
fear
as
doth
not
fall
in
constantem
virum
,
is
a
great
enemy
to
good
Counsel
;
for
fear
is
a
betraying
of
such
succours
as
Reason
and
Counsel
should
afford
.
King
[
](A46988-e146530-b)(o)
(o)
Coke
4.
Instit.
c.
2.
Four
Properties
of
Counsellors
.
Edward
the
Third
would
have
his
Counsellor
to
have
four
Properties
:
1.
To
be
Parcus
sui
,
knowing
he
would
never
be
provident
for
Him
,
that
would
not
be
a
good
Husband
for
himself
.
2ly
.
That
he
should
not
be
Cupidus
rei
alienae
,
no
covetous
or
greedy
man
;
for
ei
nihil
turpe
,
cui
nihil
satis
.
3ly
.
That
he
should
be
Avarus
Rei
Publicae
,
covetous
for
the
Kings
Treasure
and
Commonwealth
.
4ly
.
That
he
super
omnia
sit
expertus
,
that
he
be
expert
in
what
place
the
King
shall
imploy
him
;
for
great
Offices
are
never
well
managed
by
a
Deputy
,
When
quick
,
and
when
deliberate
Counsels
are
best
.
where
the
Officer
himself
is
but
a
Cypher
.
As
to
Counsels
themselves
,
Livy
[
](A46988-e146670-b)(p)
(p)
In
rebus
asperis
,
&
tenuis
spei
,
fortissima
quaeque
consilia
tutissima
sunt
.
Lib.
22.
excellently
notes
,
That
in
matters
that
are
ground
to
an
edge
,
or
drawn
to
a
sharp
point
,
and
where
hope
is
only
left
in
the
bottom
,
the
boldest
and
quickest
Counsels
are
safest
;
yet
it
must
be
with
great
circumspection
well
considered
,
when
,
and
upon
what
occasions
such
Counsels
must
be
taken
:
for
the
same
[
](A46988-e146690-b)(q)
(q)
Consilia
calida
&
audacia
prima
specie
laeta
sunt
,
tractatu
dura
,
eventu
tristia
.
Idem
,
lib.
31.
Author
notes
elsewhere
,
That
subtile
and
bold
Counsels
on
the
first
view
may
be
pleasing
,
but
are
difficult
in
handling
,
and
in
the
event
often
Calamitous
:
therefore
rashness
can
never
consist
with
Counsel
;
duo
adversissima
rectae
menti
(
saith
[
](A46988-e146720-b)(a)
(a)
Lib.
3.
Male
cuncta
ministrat
impetus
.
Statius
.
Thucydides
)
Celeritas
&
Ira
,
Haste
and
Passion
are
of
all
things
most
opposite
to
Right
Counsel
:
therefore
Curtius
[
](A46988-e146780-b)(b)
(b)
Novan●is
quam
gerendis
rebus
aptiora
ingenia
illa
ignca
.
speaking
of
such
,
saith
,
Fiery
and
furious
Spirits
are
more
fit
to
innovate
things
,
and
create
Factions
,
than
to
manage
Affairs
steddily
.
[
](A46988-e146790-b)(c)
(c)
Praepropera
consilia
sunt
raro
prospera
.
So
hasty
Counsels
are
rarely
Prosperous
,
because
Resolution
should
never
go
before
Deliberation
,
nor
Execution
before
Resolution
.
When
[
](A46988-e146810-b)(d)
(d)
Prinsquam
incipias
consuli
o
,
&
ubi
consulueris
,
mature
fado
opus
est
.
Sallust
.
upon
Debate
and
Deliberation
it
is
by
the
Council-Table
well
resolved
,
the
change
thereof
upon
some
private
information
,
is
neither
safe
nor
honourable
,
nor
that
after
timely
Resolution
timely
Execution
be
delay'd
.
Violent
[
](A46988-e146840-b)(e)
(e)
Coke
Inst.
4.
p.
57.
courses
are
like
to
hot
Waters
that
may
do
good
in
an
extremity
;
but
the
use
of
them
doth
spoil
the
Stomach
,
and
it
will
require
them
stronger
and
stronger
,
and
by
little
and
little
they
will
lessen
their
own
operation
.
To
leave
this
great
Theme
as
too
illustrious
and
sublime
a
Subject
for
one
to
treat
of
that
hath
lived
in
the
Shade
:
I
shall
now
proceed
to
make
some
other
remarks
why
our
Laws
give
our
Kings
the
sole
power
of
chusing
to
themselves
a
Privy-Council
,
and
how
the
designers
of
41.
would
have
wrested
that
Power
from
the
King
.
Besides
[
](A46988-e146890-b)(f)
(f)
Review
of
Observations
,
p.
10.
The
King's
Prerogative
to
chuse
his
Privy-Council
what
is
common
to
all
men
to
have
a
free
liberty
to
whom
they
will
impart
their
private
Affairs
,
and
desire
Counsel
upon
them
;
our
Laws
being
built
upon
firm
foundations
of
reason
,
considering
,
that
in
the
power
of
making
of
Laws
,
the
power
of
two
numerous
bodies
were
opposed
against
the
Person
of
the
single
Soveraign
:
it
foresaw
,
and
found
,
that
by
the
Soveraigns
consenting
to
Laws
,
for
the
ease
and
benefit
of
the
Subject
,
things
might
pass
to
the
prejudice
,
and
diminution
of
the
Soveraignty
.
If
his
single
Person
(
surcharged
with
the
care
of
the
manifold
Affairs
of
the
Kingdom
)
should
be
left
all
alone
to
advise
,
and
dispute
his
right
,
against
all
the
Wisdom
and
Solicitation
of
the
Representative
Body
of
the
Subject
.
See
Prynne's
Brief
Register
,
sect.
3.
from
p.
341.
to
the
end
,
concerning
the
King's
Council
in
Parliament
,
and
out
of
it
.
Therefore
,
to
prevent
that
,
it
ordered
,
That
the
King
should
at
his
discretion
swear
to
himself
a
Body
of
Council
(
sometimes
in
our
Laws
called
his
Grand
Council
)
to
advise
him
in
matters
of
State
,
and
concernments
of
his
Soveraign
Right
and
safety
;
and
a
Body
of
Council
at
Law
to
advise
him
in
matters
of
Justice
,
that
he
might
neither
do
,
or
suffer
contrary
to
the
Rule
of
Laws
;
especially
sitting
the
two
Houses
,
when
the
wrong
might
be
perpetual
:
and
seeing
the
Government
must
be
continually
upon
its
Guard
and
Watch
,
without
intermission
,
molding
,
and
forming
all
things
for
its
safety
and
prosperity
,
and
consequently
of
the
Peoples
;
this
Council
must
be
constantly
attending
upon
the
Kings
pleasure
,
and
daily
and
hourly
considering
the
best
ways
and
methods
of
promoting
the
Kings
and
Commonweals
advantage
.
As
to
the
[
](A46988-e146960-b)(g)
(g)
Pulton
,
37
,
&
56.
72.
first
particular
,
we
find
it
frequently
in
several
Statutes
expressed
,
That
the
King
by
himself
and
by
his
Council
,
at
his
Parliament
,
made
and
ordained
.
The
necessity
of
a
Privy-Council
.
That
this
was
not
the
great
Council
of
Parliament
appears
by
that
of
Edward
the
First
,
[
](A46988-e147010-b)(b)
(b)
Idem
,
p.
80.
These
are
the
Establishments
of
the
King
by
his
council
,
and
by
the
Assent
of
the
Archbishops
,
Bishops
,
Abbats
,
Priors
,
Earls
,
Barons
,
and
the
whole
Commonalty
of
the
Land
thither
summoned
:
and
Edward
the
Second
saith
,
he
caused
the
Articuli
Cleri
to
be
rehearsed
before
his
Council
,
and
Answer
given
,
&c.
and
much
more
may
be
observed
in
the
Acts
of
the
great
Councils
,
not
fit
here
to
be
repeated
.
From
hence
it
is
that
the
Law
defines
,
The
King
can
do
no
wrong
;
Privy-Counsellors
responsible
.
for
if
any
evil
be
committed
in
matter
of
State
,
the
Privy-Council
,
and
if
in
matters
of
Law
,
the
Justices
and
Judges
must
answer
for
it
.
As
to
the
second
particular
,
the
Parliament
of
1641.
cast
the
odium
of
most
of
the
management
of
Affairs
of
State
,
The
Votes
of
the
Long
Parliament
to
traduce
the
King
,
under
the
pretence
of
using
Evil
Counsellors
.
that
were
ungrateful
to
them
,
upon
the
Kings
evil
Counsellors
,
as
they
called
them
:
which
was
a
great
artifice
of
the
designers
of
that
Rebellion
;
for
thereby
(
being
then
not
hardned
enough
to
caluminate
the
King
openly
)
they
would
make
the
World
believe
they
paid
a
just
deference
to
his
Majesty
:
yet
slily
wounded
his
Reputation
through
his
Counsellors
sides
,
leaving
the
application
to
the
People
.
Tacitly
insinuating
,
that
the
King
being
mis-led
by
such
Councils
,
was
not
so
Just
,
or
Wise
,
as
to
be
wished
:
and
when
afterwards
they
had
got
Power
,
they
always
made
it
one
of
their
propositions
,
That
the
two
Houses
should
have
the
nominating
,
That
the
two
Houses
should
have
the
nominating
of
Privy-Counsellors
.
So
in
Henry
the
Third's
time
we
find
Mountfort's
Model
of
Twenty
four
to
redress
the
Kingdom
,
to
chuse
Counsellors
,
&c.
or
approving
and
removing
the
Privy-Council
,
or
great
Officers
of
State
;
pretending
they
would
set
such
just
and
righteous
Persons
in
those
places
,
as
would
execute
them
for
the
publick
good
only
:
and
upon
the
same
score
(
though
on
another
pretence
)
they
were
importunate
,
that
the
Judges
should
hold
their
places
tam
diu
quam
se
bene
gesserint
,
rather
than
be
removeable
at
the
Kings
pleasure
.
Thus
by
vote
,
without
legal
proof
of
Crimes
,
they
blackned
as
many
of
the
Kings
Privy-Council
as
they
foresaw
would
thwart
their
designs
,
as
Seducers
of
the
King
,
and
men
of
Arbitrary
Principles
;
thereby
to
have
them
wholly
removed
from
him
(
as
we
have
had
Addresses
of
a
later
date
from
an
House
of
Commons
against
some
great
wise
and
Loyal
Lords
)
by
which
severing
from
him
such
a
body
of
his
faithful
Advisers
,
Their
Design
to
remove
some
Privy-Counsellors
,
that
some
of
their
Party
might
be
introduced
.
and
dangerously
depriving
him
of
the
constant
means
(
which
the
Law
hath
specially
ordained
him
for
his
support
)
some
of
them
endeavoured
to
get
into
their
places
,
as
was
notoriously
known
to
have
been
proposed
,
that
if
several
of
the
leading
men
might
have
had
chief
places
and
honours
,
they
would
have
let
the
Earl
of
Strafford
live
(
as
in
another
Treatise
I
hope
to
make
clear
)
and
by
that
mean●
not
only
have
enriched
themselves
,
but
have
had
the
guidance
of
Affairs
of
State
,
and
so
by
little
and
little
brought
about
the
Promotion
of
their
friends
,
without
regard
to
the
Publick
.
If
we
impartially
consider
the
unreasonableness
of
this
proposal
,
we
shall
find
,
The
Mischiefs
that
would
follow
upon
the
Parliaments
nominating
Privy-Counsellors
.
that
by
granting
it
,
we
must
expect
to
suffer
all
the
evils
which
Faction
can
produce
.
This
were
the
ready
way
to
kindle
a
fire
in
our
bowels
,
which
would
first
break
out
in
our
Country
Elections
,
and
divide
the
Families
by
irreconcileable
hatred
.
For
it
cannot
be
imagined
but
that
Power
would
bandy
against
Power
,
and
Relations
against
Relations
,
See
Answer
to
Observations
.
to
put
a
Son
or
Kinsman
into
the
road
to
preferment
;
nor
could
the
flames
be
quenched
,
but
burn
more
vehemently
even
in
the
house
:
to
which
the
insolence
of
some
(
obtaining
Offices
to
which
they
are
not
fit
)
the
shame
and
discontent
of
others
repulsed
,
and
the
ambition
of
all
,
would
be
continual
fuel
;
and
the
greatest
misery
of
all
would
be
,
that
were
the
corruption
never
so
great
,
we
could
have
but
slender
hopes
of
redress
,
since
the
prevailing
Party
(
jealous
of
their
honour
)
would
constantly
maintain
their
choice
;
and
perhaps
it
would
be
necessary
for
them
,
one
to
wink
at
another
,
as
it
was
manifestly
seen
in
the
long
Parliament
,
when
the
most
known
Offenders
,
and
active
Instruments
of
the
Peoples
miseries
,
by
striking
in
with
the
prevailing
Party
,
were
more
safe
than
innocency
could
make
them
.
It
is
enacted
by
King
[
](A46988-e147210-b)(i)
(i)
17
Car.
1.
c.
10.
The
Limitations
of
the
Power
of
the
Privy-Council
.
Charles
the
First
,
that
neither
his
Majesty
nor
his
Privy-Council
have
or
ought
to
have
any
Jurisdiction
by
English
Bill
,
Petition
,
Articles
,
Libel
or
any
other
Arbitrary
way
whatsoever
,
to
examine
or
draw
into
question
,
determine
,
or
dispose
of
the
Lands
,
Tenements
,
Hereditaments
,
Goods
or
Chattels
of
any
of
the
Subjects
of
this
Kingdom
;
but
that
the
same
ought
to
be
tried
and
determined
in
the
ordinary
Courts
of
Justice
,
and
by
the
ordinary
course
of
the
Law
.
In
the
Oath
of
a
[
](A46988-e147260-b)(k)
(k)
Rot.
Pat.
5.
H.
4.
num.
14.
Fleta
,
lib.
1.
c.
17.
Privy-Counsellor
,
his
duty
is
best
manifested
.
First
,
That
he
shall
as
far
forth
as
cunning
and
discretion
suffereth
,
First
Particular
of
a
Privy-Counsellor's
Oath
.
truely
,
justly
,
and
evenly
counsel
and
advise
the
King
in
all
matters
to
be
commoned
,
treated
and
demanded
in
the
Kings
Council
,
or
by
him
as
the
Kings
Counsellor
.
Therefore
Henry
the
Eighth
wisht
that
his
Counsellors
would
commit
simulation
,
dissimulation
and
partiality
to
the
Porters
Lodg
,
when
they
came
to
sit
in
Council
.
Secondly
,
Second
Branch
,
uprightness
.
That
in
all
things
generally
which
may
be
to
the
Kings
honour
and
behoof
,
and
to
the
good
of
his
Realm
,
Lordships
and
Subjects
(
without
particularity
or
exception
of
persons
,
not
fearing
or
eschewing
so
to
do
for
affection
,
love
,
meed
,
doubt
or
dread
of
any
person
or
persons
)
that
he
shall
with
all
his
might
and
power
,
help
and
strenghthen
the
Kings
said
Council
,
in
all
that
shall
be
thought
good
to
the
same
Council
for
the
●niversal
good
of
the
King
and
his
Land
,
and
for
the
peace
,
rest
and
tranquillity
of
the
same
.
Therefore
my
Lord
Cook
[
](A46988-e147370-b)(l)
(l)
Instit.
par.
4.
fol.
53.
saith
,
these
Counsellors
,
like
good
Sentinels
,
and
Watchmen
,
consult
of
,
and
for
the
publick
good
,
and
the
honour
,
defence
,
safety
,
and
profit
of
the
Realm
:
they
are
his
true
Treasurers
,
and
profitable
Instruments
of
the
State
.
Thirdly
,
That
he
shall
keep
secret
the
Kings
Counsel
,
Third
Branch
,
Secresie
.
and
all
that
shall
be
commoned
by
way
of
Counsel
in
the
same
;
without
,
that
he
shall
not
common
it
,
publish
it
or
discover
it
by
word
,
writing
,
or
in
any
otherwise
to
any
person
out
of
the
same
Council
,
or
to
any
of
the
same
Council
if
it
touch
him
,
or
if
he
be
party
thereof
.
So
Valerius
M.
[
](A46988-e147430-b)(m)
(m)
Nihil
magis
opt●ndum
quam
ut
rerum
ger
●darum
consdia
,
qu〈◊〉
ejus
fieri
poterit
,
quam
maxime
〈…〉
.
Lib.
4.
saith
,
Nothing
is
more
to
be
desired
,
than
that
the
Counsels
of
things
to
be
done
,
as
much
as
possible
,
be
secreet
.
So
Vegetius
[
](A46988-e147460-b)(n)
(n)
Nulla
sunt
meliora
consilia
quam
quae
ignoraverit
●dversarius
antequam
facias
.
Consilia
nisi
sunt
abscondita
,
exitum
raro
prospiciunt
.
Lib.
3.
de
Re
militari
.
hath
of
old
pronounced
,
That
no
Counsels
are
better
than
those
which
the
Adversary
is
ignorant
of
before
they
be
executed
:
for
unless
Counsel
be
hidden
and
secret
,
they
rarely
attain
their
end
.
Fourthly
,
That
[
](A46988-e147490-b)(o)
(o)
Rot.
Pat.
11
H
4.
num.
28.
he
shall
not
for
gift
,
meed
,
nor
good
,
nor
promise
of
good
,
by
him
nor
by
means
of
any
other
person
,
receive
or
admit
,
for
any
promotion
,
favouring
,
nor
fordeclaring
,
letting
or
hindring
of
any
matter
or
thing
to
be
treated
,
or
done
in
the
Council
.
Therefore
the
part
of
a
Counsellor
is
,
Tu
civem
patremque
geris
,
tu
consule
cunctis
—
Non
tibi
,
nec
tua
te
moveant
,
sed
publica
vota
.
Fifthly
,
That
he
shall
withstand
any
person
or
persons
,
of
what
condition
,
estate
or
degree
they
be
of
,
that
would
by
way
of
feat
,
attempt
or
intend
the
contrary
to
the
good
of
the
King
,
peace
of
the
Land
,
&c.
and
generally
that
he
shall
observe
,
keep
,
and
do
all
that
a
good
and
true
Counsellor
ought
to
do
to
his
Soveraign
Lord
.
CHAP.
XXXI
.
Of
Ministers
of
State
.
I
Joyn
to
the
Privy
Council
Ministers
of
State
,
being
they
differ
from
them
very
little
;
some
in
name
,
others
in
degrees
.
For
there
[
](A46988-e147600-b)(a)
(a)
St.
Alban's
Essays
,
tit
.
Honour
and
Reputation
.
are
several
qualifications
of
Subjects
that
serve
a
Prince
.
As
first
,
those
that
are
participes
curarum
,
upon
whom
Princes
discharge
the
greatest
weight
of
their
Affairs
,
The
several
Qualifications
of
Ministers
of
Princes
.
as
Ministers
of
State
,
and
Privy-Counsellors
.
Secondly
,
Duces
Belli
,
such
as
Princes
imploy
in
their
Armies
and
Militia
.
Thirdly
,
Gratiosi
,
Favourites
,
such
as
are
a
solace
to
the
Prince
,
and
harmless
to
the
People
.
Fourthly
,
Negotii
pares
,
such
as
not
only
have
great
places
under
the
Prince
,
and
execute
them
sufficiently
,
but
also
Judges
and
all
sorts
of
Magistrates
.
For
as
Plutarch
well
observes
,
As
the
Master
of
the
Ship
chuseth
the
best
Mariners
,
The
Prince's
Care
in
chusing
his
Ministers
.
the
Architect
the
best
workmen
;
so
a
Prince
should
imploy
those
that
are
fit
to
administer
the
Affairs
of
the
Commonweal
[
](A46988-e147700-b)(b)
(b)
Vt
Gubernator
optimos
quaerit
Nautas
,
Architecton
doctissimos
Ministros
;
ita
Principes
eos
asciscunt
,
qui
ad
Rempublicam
administrandam
sunt
idonei
.
.
Generally
it
is
requisite
that
Princes
chuse
such
as
are
more
sensible
of
duty
than
of
rising
,
and
such
as
love
business
rather
on
Conscience
than
upon
Bravery
:
and
it
is
fit
to
discern
a
busie
nature
from
a
willing
mind
;
for
some
are
impatient
of
privateness
,
saith
my
Lord
St.
Albans
,
even
in
Age
or
sickness
;
like
old
Towns-men
,
that
will
be
still
sitting
at
the
street-doors
,
though
thereby
they
offer
Age
to
scorn
.
Therefore
as
it
is
necessary
that
Ministers
of
State
should
be
subservient
to
the
Soveraign
;
so
it
is
most
requisite
that
a
Prince
should
be
careful
in
his
choice
of
such
as
may
most
beneficially
serve
him
and
the
Publick
.
Some
seem
fit
for
Imployment
,
and
yet
in
places
disappoint
expectation
.
Omnium
consensu
capax
imperii
nisi
imperasset
,
saith
[
](A46988-e147740-b)(c)
(c)
So
Tacitus
of
Galba
,
lib.
1.
Hist.
Alieno
Imperio
felicior
quam
suo
,
vetus
in
familia
nobilitas
,
magnae
opes
,
ipsi
medium
ingenium
,
magis
extra
vitia
quam
in
virtutibus
.
P.
197.
Edit.
5.
Lips
.
Major
privato
visus
,
dum
privatus
fuit
.
1.
Hist.
c.
11.
Tacitus
of
Galba
;
That
in
the
opinion
of
all
he
was
capable
of
Empire
,
if
he
had
not
discovered
his
insufficiency
when
he
was
Emperor
.
Therefore
it
is
noted
as
a
good
Character
of
Piso
[
](A46988-e147850-b)(d)
(d)
Quo
nemo
validius
otia
dilexit
,
aut
facilius
suffecit
negotia
,
magisque
quae
agenda
suntegit
,
sine
ulla
ostentatione
agendi
.
Velleius
Paterc
.
Actu
otioso
simillimus
.
,
That
none
more
vehemently
loved
recess
from
business
,
or
with
more
ease
underwent
imployment
,
or
effected
those
things
,
which
were
to
be
done
,
more
actively
and
without
any
ostentation
.
So
[
](A46988-e147870-b)(e)
(e)
Annal.
13.
Edit.
Lips.
5.
p.
138.
Integre
sancteque
egit
.
procax
otii
,
&
potessati●
temperantior
.
Tacitus
saith
of
Otho
when
he
governed
Portugal
,
that
he
was
one
loosely
given
,
when
he
had
little
to
do
;
but
in
Office
and
Rule
,
more
stayed
and
temperate
.
Such
a
person
is
truly
qualified
for
great
Managery
;
it
being
an
assured
sign
of
a
worthy
and
generous
Spirit
,
whom
Honour
amends
:
Vertue
in
the
Ambitious
being
violent
,
and
in
those
in
Authority
,
settled
and
calm
.
For
Honour
is
,
or
should
be
,
the
place
of
Vertue
;
power
to
do
good
being
the
true
and
lawful
end
of
aspiring
,
and
Conscience
of
the
same
is
the
accomplishment
of
Mans
rest
.
Men
in
great
places
(
saith
one
[
](A46988-e147950-b)(f)
(f)
St.
Alban's
Essays
,
p.
42.
How
Great
Ministers
are
Servants
.
who
made
a
great
figure
in
his
time
)
are
thrice
Servants
:
First
to
their
Soveraign
or
the
State
.
Secondly
,
Servants
of
Fame
.
Thirdly
,
Of
business
.
So
that
they
have
no
freedom
either
in
their
Persons
,
Actions
or
Time
:
their
rising
is
laborious
,
their
standing
slippery
,
their
recess
either
a
Downfal
or
Eclipse
;
so
that
they
had
need
borrow
other
mens
opinions
to
think
themselves
happy
:
for
if
they
judge
by
their
own
feeling
,
they
cannot
find
it
;
for
though
Tacitus
saith
,
Sunt
plerumque
Regum
voluntates
vehementes
,
&
inter
se
contrariae
;
and
though
they
serve
a
more
benign
Prince
:
yet
they
will
find
many
they
deal
with
,
either
vehement
in
their
Wills
,
or
irresolved
.
However
the
fatigue
is
so
much
the
greater
,
when
the
Port
cannot
be
gained
without
doubling
,
and
tacking
to
save
the
Wind.
Therefore
it
is
most
necessary
,
The
necessary
Qualifications
of
Ministers
of
State
.
that
great
Ministers
of
State
have
extraordinary
Accomplishments
both
in
dexterity
of
dispatch
,
vast
comprehension
,
vertuous
resolvedness
,
and
prudent
cunctation
;
Nam
occultat
eorum
semina
Deus
,
&
plerumque
bonorum
malorumque
causae
sub
diversa
specie
latent
.
Panaegyr
.
For
as
Pliny
well
notes
,
In
most
matters
the
Deity
hides
the
seeds
of
things
;
and
mostwhat
the
causes
of
good
and
bad
things
lye
hid
under
the
contrary
appearances
:
So
that
it
requires
a
great
sagacity
in
a
Minister
of
State
,
to
foresee
what
the
effects
will
be
,
of
Causes
and
Councils
,
when
there
may
intervene
so
many
by-accidents
,
that
can
neither
be
foreseen
nor
prevented
.
Therefore
not
only
great
wisdom
is
required
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Arist
●
Ethic.
c.
8
but
great
experience
;
and
when
Ministers
of
State
are
endowed
with
these
qualifications
,
whatever
the
event
be
,
yet
they
are
not
to
be
blamed
,
and
mostly
such
grounded
resolves
succeed
well
:
For
a
wise
man
[
](A46988-e148080-b)(i)
(i)
Sapiens
dominabitur
〈◊〉
.
over-rules
the
Stars
.
So
a
Minister
of
State
,
who
with
sufficient
ability
,
Diligence
,
Care
,
Fidelity
,
Prudence
,
and
Affection
,
Their
danger
of
being
supplanted
.
serves
his
Prince
and
his
Country
(
which
are
no
ways
incompatible
)
needs
not
fear
the
Detraction
of
some
,
the
mining
of
others
,
or
an
inglorious
downfal
:
for
the
Government
loseth
more
by
such
an
ones
laying
aside
,
than
he
that
hath
served
his
Prince
Conscientiously
,
justly
and
wisely
,
shall
lose
.
Those
whom
either
their
lucky
Stars
,
or
conspicuous
accomplishments
have
placed
within
the
Circle
of
the
Court
,
are
subject
indeed
to
the
greatest
danger
of
inglorious
Exits
,
if
they
be
not
the
most
circumspect
of
Mortals
.
For
the
envious
and
ambitious
(
who
torment
themselves
that
they
are
eclipsed
by
those
who
interpose
betwixt
the
Sunshine
of
the
Princes
favour
)
envy
them
the
Glory
of
Administration
,
and
by
cunning
and
artificial
Insinuations
of
ill
Conduct
,
false
measures
and
designs
,
are
assiduously
heaving
them
out
of
their
places
;
which
if
upon
false
Suggestions
they
prevail
to
effect
,
by
successive
Removals
(
under
pretence
of
reforming
matters
)
all
things
are
disjointed
,
the
Cement
of
Government
dissolved
,
and
greater
Errors
committed
by
too
frequent
fresh
Applications
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
whereby
the
Malady
is
made
incurable
by
the
multitude
of
Physicians
.
Amongst
other
Rules
,
which
Princes
may
find
it
convenient
to
observe
,
in
chusing
ministers
of
State
;
It
is
one
of
no
small
Moment
(
provided
they
can
be
as
well
sitted
)
that
they
[
](A46988-e148130-b)(k)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
be
of
antient
Houses
,
and
persons
of
Fortune
.
For
Tacitus
[
](A46988-e148160-b)(l)
(l)
Insita
mortalibus
natura
recentem
alicrum
foelicitatem
agris
oculis
introspicere
.
2.
Hist
.
notes
,
That
it
is
inbred
to
men
to
look
asquint
on
the
Advancements
,
not
so
much
new
,
as
of
new
Men
;
who
coveting
too
much
Power
and
Honour
,
by
that
means
contract
Envies
.
For
as
he
further
[
](A46988-e148180-b)(m)
(m)
Nunquam
satis
fida
Potentia
,
ubi
nimia
est
.
Ibid.
observes
,
The
Power
that
is
in
Excess
,
is
not
to
be
confided
in
,
being
mostwhat
Treacherous
.
Therefore
[
](A46988-e148200-b)(n)
(n)
Vestra
vos
,
non
Principis
fortur
:
metiamini
.
Panegyr
.
Nihil
rerum
mortalium
tam
instabile
,
&
fluxum
est
,
quam
potentia
non
sua
vi
nixa
.
Tacit.
13.
Annal.
Pliny
adviseth
,
That
Ministers
of
State
should
take
their
measures
by
their
own
,
and
not
their
Princes
Fortune
;
for
it
is
a
certain
Truth
,
That
the
Power
wears
best
,
and
is
most
stable
and
durable
that
is
founded
upon
Vertue
,
and
purchased
by
it
,
not
by
any
little
Arts
,
Wealth
,
or
Dissimulation
,
according
to
that
of
Claudian
,
—
emitur
sola
Virtute
Potestas
.
When
Ministers
of
State
desire
to
keep
their
Station
,
they
must
studiously
endeavour
to
avoid
Envy
and
Aemulation
,
especially
,
not
to
give
any
occasion
by
their
own
Arrogance
.
[
](A46988-e148280-b)(o)
(o)
Tanta
illi
comitas
in
socios
,
mansuetudo
in
hostes
,
visuque
&
auditu
venerabilis
,
cum
magnitudinem
&
gravitatem
fortunae
retineret
,
invidiam
&
arrogantiam
essugerat
.
2.
Annal.
Tacitus
describing
the
qualifications
of
Germanicus
(
who
had
the
Command
of
a
great
part
of
the
Army
,
and
the
management
of
some
Provinces
)
saith
,
That
he
was
courteous
and
affable
to
his
Companions
,
merciful
and
mild
to
his
Enemies
,
venerable
in
his
Aspect
and
Discourses
,
and
that
while
he
retained
the
greatness
and
Port
of
the
highest
Fortune
,
he
avoided
Envy
and
Arrogance
;
which
Character
will
very
well
become
any
great
Minister
of
State
.
privy-Counsellors
are
very
well
to
consider
that
they
are
chosen
to
manage
the
weighty
parts
of
Government
,
and
ease
their
Prince
:
but
they
are
not
to
make
it
their
Business
by
little
Arts
of
ingratiating
themselves
with
their
Sovereign
,
to
study
only
to
get
Honour
and
Wealth
,
and
serve
a
Princes
time
;
but
so
to
act
,
as
not
only
the
present
Prince
,
but
his
Successors
may
feel
the
advantage
of
their
Administration
,
remembring
that
of
Tiberius
,
[
](A46988-e148340-b)(p)
(p)
Princip●s
mortales
,
Rempublicam
aternam
esse
.
Tacit.
3.
Annal.
That
Princes
are
Mortal
,
but
the
Government
Immortal
;
which
is
most
true
in
hereditary
Monarchy
.
It
is
an
odd
account
that
[
](A46988-e148370-b)(q)
(q)
Per
cultum
&
munditias
,
copiaque
&
affluentia
,
luxu
propier
:
Suberat
tam●n
vigor
animi
ingentil
us
negotiis
par
,
eo
acrior
quo
somnum
&
inertiam
magis
ostentabat
.
Idem
,
lib.
●od
.
Tacitus
gives
us
of
Sallustius
Crispus
,
that
he
imitating
Mecaenas
,
without
Senatorian
Dignity
,
out-stripped
in
Power
with
the
Prince
,
many
of
the
Consuls
,
and
such
as
had
triumphed
,
and
that
by
a
different
way
,
than
had
been
before
used
;
by
richness
of
Garb
,
delicateness
,
living
splendidly
,
even
bordering
upon
Luxury
:
yet
he
retained
a
vigorousness
of
Mind
,
fit
for
great
Employments
,
and
so
much
the
smarter
,
by
so
much
as
he
seemed
more
sluggish
and
unactive
.
Yea
he
was
next
to
Mecaenas
,
on
whom
the
Secrets
of
the
Emperors
rested
.
But
withal
he
lets
us
see
what
old
Ministers
of
State
may
expect
,
and
what
they
must
not
be
troubled
at
,
if
they
find
happen
to
them
,
That
in
their
old
Age
they
retain
the
Countenance
rather
of
the
Princes
Friendship
,
than
Power
,
as
he
expresseth
it
,
aetate
provecta
speciem
magis
,
in
amicitia
Principis
,
quam
vim
tenuit
.
The
State
Mountebanks
of
1641.
(
that
they
might
make
the
Ulcer
seem
greater
,
The
Arts
of
the
Long
Parliament
to
remove
Ministers
of
State
.
and
more
dangerous
for
the
advantage
of
larger
Application
)
first
aggravated
the
Grievances
the
People
lay
under
,
by
the
ill
conduct
of
the
prime
Ministers
of
State
,
and
by
the
representing
a
plausible
Idaea
of
better
Government
(
if
they
might
have
the
modelling
of
it
)
courted
by
little
and
little
the
well
meaning
,
and
captivated
them
with
a
fair
view
of
its
speculative
Excellence
,
whereby
their
Fancies
were
raised
to
the
expectation
of
a
golden
Age
,
and
the
cunning
and
intrieguing
Factors
(
pretending
to
have
no
other
design
but
to
take
care
of
the
publick
)
gained
to
themselves
the
Honourable
name
of
Patriots
.
Having
thus
tickled
their
Proselytes
,
and
gained
their
applause
,
their
next
work
was
to
pickeer
some
great
Officers
,
and
Blackening
them
with
the
name
of
Male-Administrators
,
or
corrupt
Officers
,
slily
endeavoured
to
obtain
an
Opinion
of
their
own
incorruptness
;
whereas
their
great
design
was
only
to
displace
such
,
to
make
Niches
for
their
own
Statues
;
and
when
they
found
it
was
difficult
to
get
such
outed
of
their
Preferments
,
the
People
were
acquainted
that
such
and
such
were
the
only
Rubs
,
and
close
Enemies
to
the
State
:
and
when
they
could
have
no
particular
Evidence
against
them
,
then
they
made
the
People
believe
,
that
such
managed
their
Designs
so
much
more
closely
and
secretly
,
whereby
they
could
get
no
publick
Proof
against
them
;
and
so
they
left
them
to
the
Precondemnation
of
the
People
,
which
served
for
Jury
and
Witnesses
:
and
being
thus
presented
,
as
ingrateful
Monsters
to
their
County
,
they
were
baited
in
every
Coffee-house
,
and
Ale-bench
,
till
at
last
the
loud
Cry
runs
through
the
Woods
and
Lawns
;
and
every
one
was
armed
to
destroy
those
reputed
Wolves
and
Foxes
that
were
believed
would
destroy
their
Flocks
;
and
all
the
Umbrages
of
Mis-Government
,
the
real
or
imaginary
Infelicities
,
were
heaped
upon
the
Animals
designed
for
Sacrifice
,
and
they
were
singled
for
victims
to
conciliate
better
times
.
And
thus
such
Designers
being
prosperous
in
their
Undertakings
against
the
great
Minister
of
State
,
the
most
renowned
Earl
of
Strafford
,
(
whose
Fall
succeeding
Ages
will
never
forget
)
they
singled
out
others
by
way
of
Impeachment
,
both
Bishops
and
Judges
,
as
was
most
conspicuous
in
our
late
Troubles
,
imitated
by
the
Slingers
of
Paris
;
which
is
,
and
ever
will
be
the
usual
Method
of
all
who
design
to
introduce
a
change
of
Government
.
Therefore
wise
Princes
,
when
they
have
chosen
and
had
Experience
of
the
Ability
and
Fidelity
of
such
Ministers
of
State
,
are
careful
to
shelter
them
from
the
Attacques
of
the
Envious
and
Ambitious
.
For
these
of
all
others
should
be
such
as
have
an
humble
,
dutiful
,
and
diligent
Love
for
their
Prince
,
and
his
true
Service
;
therefore
it
is
unsafe
to
abandon
them
,
if
such
.
That
of
Micipsa
[
](A46988-e148520-b)(r)
(r)
Non
Exercitus
,
neque
Thesauri
,
praesidia
Regni
sunt
,
verum
amiei
.
Sall.
Jug
.
being
most
true
,
That
neither
Armies
or
Treasures
are
so
sure
Defences
of
a
Kingdom
,
as
true
Cordial
Friends
.
So
[
](A46988-e148540-b)(s)
(s)
Praecipuum
Principis
opus
esse
amicos
parare
.
Panaegyr
.
Pliny
tells
Trajan
,
It
is
the
chief
work
of
a
Prince
to
procure
Friends
.
Of
such
as
these
it
is
that
[
](A46988-e148590-b)(t)
(t)
Ego
ita
comperi
,
omnia
Regna
,
Civitates
,
Nationes
,
usque
eo
prosperum
Imperium
habuisse
,
dum
apud
eos
vera
consilia
valuerunt
:
Vbieunque
gratia
,
timor
,
voluptas
,
ea
corrupere
,
post
paulo
imminutae
opes
,
deinde
ademptum
Imperium
.
Sallust
.
ad
Caesarem
.
Sallust
saith
,
he
hath
found
that
all
Kingdoms
,
Cities
and
Nations
,
have
had
Prosperous
Empire
,
while
true
Councils
have
prevailed
;
but
where
Favour
,
Fear
,
or
Pleasures
have
corrupted
them
,
they
have
grown
poor
,
and
lost
their
Rule
.
Above
all
,
Princes
should
avoid
Flatteries
;
for
these
always
give
them
the
wrong
end
of
the
Perspective
:
therefore
[
](A46988-e148630-b)(u)
(u)
Pleraque
ab
eo
vis
,
adulationibus
abiorum
in
melius
deflexit
,
nec
tamen
temperamenti
egebat
,
cum
aequabili
auctoritate
&
gratia
apud
Principem
viguerit
.
6.
Annal
.
Tacitus
gives
that
Commendation
to
Lepidus
,
That
he
converted
most
things
to
the
better
,
from
the
cruel
Flatteries
of
others
,
and
yet
needed
no
attemperament
,
for
that
he
continued
in
equal
Authority
and
Favour
with
his
Prince
:
and
of
Cornelianus
Piso
[
](A46988-e148680-b)*
*
4.
Annal.
he
saith
,
Nullins
servilis
Sententiae
sponte
Auctor
,
&
quoties
necessitas
ingrneret
,
prudenter
moderans
;
He
never
was
willingly
Author
of
any
servile
Opinion
,
and
as
often
as
there
was
need
,
he
prudently
moderated
.
I
shall
only
annex
to
this
,
what
may
in
general
serve
as
a
Character
of
an
able
and
useful
Minister
of
State
,
faintly
drawn
from
a
great
Original
.
Whoever
designs
to
serve
his
Prince
and
Country
,
in
the
Administration
of
Affairs
,
The
Method
of
attaining
to
be
a
Minister
of
State
.
must
have
had
a
liberal
Education
,
spent
a
great
portion
of
his
time
in
diligently
perusing
Ancient
and
Modern
Histories
,
Memoires
of
great
men
,
the
Laws
and
Government
of
his
own
and
Foreign
Countries
,
and
the
best
Treatises
of
Politicks
,
and
then
consider
the
most
judicious
and
accomplished
Persons
;
and
amongst
them
,
such
principally
,
as
in
their
several
Stations
have
the
Practical
Part
of
Affairs
committed
to
them
,
both
in
Courts
of
Judicature
,
the
Exchequer
,
and
Admiralty
;
and
in
these
especially
note
their
dexterity
for
their
Imployments
,
wherein
their
Eminencies
appear
,
how
their
Interests
are
interwoven
,
or
independent
;
what
their
dispositions
and
inclinations
are
,
especially
in
their
obedience
to
the
Government
,
usefulness
to
it
;
their
Treatableness
,
Avarice
,
Pride
,
Ambitious
or
Factious
Propensities
;
as
well
prying
into
the
Vices
they
conceal
,
as
the
laudable
Qualities
they
make
themselves
conspicuous
by
;
distinguishing
betwixt
the
natural
and
constrained
tempers
of
every
one
.
If
such
an
one
be
not
Consiliarius
natus
,
he
ought
to
get
himself
early
chosen
a
Member
of
the
House
of
Commons
,
and
then
diligently
read
all
such
Books
as
treat
of
that
Honourable
House
,
peruse
the
Journals
,
note
well
and
weigh
,
not
only
what
he
finds
there
,
but
also
all
the
Speeches
of
the
leading
men
,
the
force
of
their
Arguments
,
and
the
tendencies
of
them
:
Mark
well
who
are
forwardest
to
supply
the
Government
,
whose
Talent
lies
in
contriving
wholesom
Laws
for
the
benefit
of
the
Subject
,
who
are
the
best
Orators
,
who
the
subtilest
or
solidest
,
who
affect
Popularity
,
who
are
suggesting
suspicions
of
the
increase
of
the
Kings
Power
,
who
the
greatest
informers
of
Grievances
,
who
cut
the
Thred
evenest
betwixt
the
Royal
Prerogative
and
the
Subjects
Liberties
;
in
all
these
well
pondering
the
grounds
upon
which
every
one
bottom
their
Arguments
,
contenting
himself
to
be
an
Auditor
and
Register
for
some
while
;
in
his
Votes
following
the
wisest
and
least
byassed
by
private
Interest
.
During
the
time
he
is
under
the
Discipline
of
this
Noble
School
,
he
must
fill
up
the
intervals
of
his
vacant
hours
,
either
in
perusing
such
learned
Authors
as
treat
of
the
Subjects
have
been
debated
in
the
House
,
or
in
conversation
with
the
eminentest
experienced
Members
,
or
with
such
of
the
Court
as
he
may
be
best
informed
from
.
During
all
which
time
,
he
must
intermingle
the
Study
of
the
Laws
of
those
Foreign
Countries
his
Prince
hath
Correspondence
with
,
and
obtain
true
Characters
of
their
Ministers
of
State
,
their
regulation
of
Trade
,
their
Taxes
and
Gabels
,
their
Military
Force
,
the
disposedness
of
any
Parties
to
Faction
;
and
consider
wherein
his
own
Prince
,
or
a
Foreigner
hath
better
Laws
for
the
good
Government
of
the
Subjects
,
and
for
the
preserving
the
Crown
in
Splendor
and
Power
.
A
Person
thus
qualified
and
fitted
for
his
Masters
Service
,
and
the
publick
good
of
his
Country
,
cannot
long
want
an
opportunity
of
being
noted
;
and
in
peacable
times
,
some
Ministers
of
State
will
be
desirous
to
obtain
his
assistance
,
and
will
be
ready
to
befriend
him
for
their
own
advantages
,
to
alleviate
their
own
burthens
,
and
his
Prince
will
be
desirous
to
be
served
by
a
Person
of
such
a
Fund
.
If
the
times
be
turbulent
and
factious
,
it
is
not
amiss
for
such
a
Person
(
during
his
Noviceship
)
to
mingle
himself
with
the
popular
,
and
Male-content
Nobility
;
whereby
he
may
know
the
bottom
of
their
designs
,
and
the
plausibleness
of
their
Pretences
,
the
strength
of
their
Reasons
,
as
well
as
of
their
party
,
and
the
tendencies
of
the
distinct
Interests
,
that
may
be
united
,
in
rendring
the
Government
ingrateful
to
the
People
,
though
not
in
the
methods
of
modelling
or
subverting
it
.
This
,
I
must
confess
,
is
a
dangerous
point
,
and
requires
one
that
hath
an
Heart
and
Brain
all
Amulet
against
the
infection
of
Disloyalty
,
and
is
dexterous
enough
to
cajole
such
a
Party
;
which
he
may
the
easilier
do
,
by
appearing
only
as
a
rasa
Tabula
,
and
desirous
of
following
others
conduct
,
and
a
well
wisher
to
his
Countrey
;
and
then
he
shall
be
sure
not
to
miss
a
serious
courtship
from
that
party
.
How
then
to
extricate
himself
from
those
Thickets
,
Brambles
,
Coverts
,
or
Earths
,
(
wherein
he
hath
entred
to
unkennel
the
Foxes
)
will
be
a
great
Master-piece
,
and
requires
no
common
agility
,
and
deliberate
forethought
.
One
of
the
Houses
of
Parliament
is
the
fittest
Theatre
for
him
to
unmask
himself
in
,
where
he
may
at
one
great
step
pass
over
to
the
Loyal
side
:
which
will
be
done
with
more
advantage
,
if
he
take
some
Critical
time
,
when
the
signalizing
his
Loyalty
will
be
more
useful
,
as
well
as
endearing
to
his
Soveraign
;
and
when
Courage
and
Resolution
will
best
bestead
his
Affairs
.
Then
he
is
to
discover
his
Talent
by
demonstratively
manifesting
his
true
Zeal
for
,
and
justifying
the
Government
in
concurring
with
the
faithfulest
and
ablest
Ministers
of
State
;
or
putting
himself
in
the
Van
,
and
without
Affectation
or
Passion
,
with
weighty
Reasons
,
bold
and
natural
utterance
,
smartness
of
Judgment
,
and
Learning
,
fully
determine
the
point
in
debate
;
and
as
often
as
there
is
occasion
,
re-inforce
his
Argument
with
fresh
matter
.
Here
he
is
to
set
up
his
rest
,
being
resolved
,
for
his
whole
life
,
never
to
desert
the
Interest
,
after
he
hath
upon
so
good
deliberation
resolved
upon
it
.
This
Action
will
soon
he
discovered
to
his
Prince
,
of
whose
Privy-Council
(
if
he
were
not
before
)
we
may
suppose
he
will
soon
be
admitted
.
Hither
he
must
carry
a
resolution
,
fixed
and
unalterable
,
to
intend
solely
his
Masters
Service
,
and
the
benefit
of
his
People
,
that
nothing
of
the
Rights
of
the
Crown
be
diminished
,
or
of
the
Liberties
of
the
People
be
invaded
.
Here
no
double
or
sinister
dealing
must
enter
his
thoughts
,
he
must
be
the
same
in
his
Prince's
Cabinet
,
as
at
the
Council-Board
;
he
must
use
a
true
and
dutiful
diligence
above
his
fellows
,
in
attending
his
Prince's
Person
,
and
his
Councils
;
must
be
free
from
unlawful
Ambition
,
Bribery
,
and
By-Ends
;
all
over
Oyled
,
that
none
may
fasten
a
gripe
upon
him
;
be
free
,
debonaire
and
affable
to
all
he
converseth
with
;
but
withal
,
wholly
reserved
as
to
the
discovery
of
his
Masters
Designs
:
Ready
to
prefer
none
but
such
as
may
be
truely
serviceable
to
their
King
and
Country
;
culling
out
,
and
recommending
to
his
Imployment
,
only
Sober
,
Discreet
and
Useful
Persons
,
in
their
several
Capacities
,
and
never
supporting
or
countenancing
any
that
once
falsify
expectation
.
By
the
practising
of
all
the
respective
qualifications
I
have
(
according
to
my
poor
Ability
)
set
down
in
this
Chapter
,
and
that
of
the
Privy-Council
,
and
those
more
excellent
Methods
and
Rules
his
own
great
Wisdom
will
suggest
,
he
shall
attain
to
a
great
trust
with
his
Master
,
and
a
great
respect
and
veneration
from
all
the
Wise
and
Sober
,
and
shall
transmit
a
noble
Example
,
and
durable
Pattern
to
Posterity
.
If
it
so
fall
out
,
that
such
a
Minister
of
State
,
cannot
in
some
particular
Affair
conform
his
Judgment
to
that
of
his
Collegues
,
or
the
Resolutions
of
his
Prince
:
It
will
be
glorious
in
him
,
(
after
the
laying
open
,
with
all
modesty
and
strength
of
Reason
,
the
grounds
of
his
Opinion
)
to
submit
quietly
to
his
Prince's
Pleasure
,
with
that
resignedness
a
Servant
doth
to
a
great
Master
,
and
he
will
be
sure
to
reap
the
benefit
of
it
:
For
if
his
Prince
,
in
the
Sequel
,
find
his
Counsel
was
sound
,
and
not
ill
timed
,
he
will
imploy
him
in
greater
matters
,
and
with
more
confidence
than
before
;
and
if
such
a
Minister
of
State
find
that
he
hath
been
too
partial
,
or
byassed
in
his
Opinion
,
he
will
soon
find
his
own
errour
,
and
be
less
apt
for
the
future
to
commit
the
like
.
However
,
he
is
,
and
ever
will
be
,
a
true
Servant
to
his
Prince
,
and
a
good
Minister
of
State
,
who
,
ex
animo
,
and
with
all
possible
sincerity
,
can
take
as
much
pleasure
in
obeying
his
Soveraigns
Will
,
when
he
is
laid
aside
,
as
he
did
in
serving
of
him
so
long
as
he
was
imployed
by
him
:
Tu
Marcellus
eras
.
—
Virg●l
,
lib.
6.
v.
883.
CHAP.
XXXII
.
Of
the
Kings
Soveraignity
in
appointing
Magistrates
.
IF
it
were
possible
,
saith
[
](A46988-e148980-b)(a)
(a)
In
Orat.
The
necessity
of
Magistrates
,
to
supply
the
Prince's
Unubiquitariness
.
Libanius
,
that
Princes
in
their
own
Bodies
could
be
every
where
,
there
would
be
no
need
of
Magistrates
to
be
sent
into
the
Provinces
:
they
themselves
being
able
to
administer
Justice
unto
all
,
as
the
Sun
is
sufficient
to
give
light
unto
them
:
but
seeing
that
cannot
be
(
no
more
than
they
can
fight
all
their
Battels
with
their
own
Hands
and
Swords
)
therefore
they
must
execute
their
Authority
by
others
,
and
determine
Justice
,
and
causes
of
right
and
wrong
,
not
by
their
own
Tongue
and
understanding
,
but
by
the
Sentence
of
others
;
so
(
as
the
[
](A46988-e149010-b)(b)
(b)
Polit.
lib.
3.
c.
16.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Philosopher
observes
)
making
to
themselves
many
Eyes
and
Ears
,
Hands
and
Feet
.
It
is
incumbent
upon
the
Prince
in
his
safe
keeping
of
his
Empire
(
saith
the
[
](A46988-e149060-b)(c)
(c)
Cicero
ad
Fratrem
.
Orator
)
that
he
do
not
exhibit
himself
only
,
but
all
the
Ministers
likewise
of
his
power
to
be
useful
to
the
Publick
;
and
,
as
Plutarch
[
](A46988-e149080-b)(d)
(d)
Praecept
.
Polit.
adds
,
to
place
every
one
according
to
his
capacity
in
his
several
imployment
.
For
one
[
](A46988-e149100-b)(e)
(e)
Philo
de
Creatione
Principis
.
man
though
he
have
never
such
alacrity
in
body
and
mind
,
cannot
be
sufficient
to
undergo
the
greatness
,
and
multitude
of
business
which
every
day
do
flow
upon
the
neck
of
another
,
unless
they
chuse
co-adjutors
,
out
of
the
best
men
of
known
Wisdom
,
Courage
,
Prudence
,
and
Piety
,
who
not
only
are
free
from
Pride
(
the
frequent
concomitant
of
Power
)
but
are
abhorrers
of
it
,
as
an
hateful
,
and
exceeding
great
evil
.
For
such
men
are
most
fit
helpers
and
assistants
to
good
and
worthy
Princes
.
Therefore
[
](A46988-e149120-b)(f)
(f)
Lib.
1.
c.
10.
Bodin
,
Arnisaeus
[
](A46988-e149160-b)(g)
(g)
Pag.
27.
All
Magistracy
derived
from
the
Sovereign
.
,
and
other
Digesters
of
Politicks
,
make
it
the
third
right
of
Majesty
to
appoint
and
constitute
Magistrates
,
who
having
their
Authority
flowing
from
the
Prince
as
the
fountain
,
derive
from
him
all
their
Power
of
command
.
So
[
](A46988-e149180-b)(h)
(h)
Dio.
Mecaenas
adviseth
Augustus
,
ut
solus
sine
Plebe
,
Populo
,
ac
Senatu
,
Magistratus
crearet
,
that
he
alone
,
without
the
People
and
Senate
create
Magistrates
:
and
Zonaras
rightly
affirms
,
that
creatio
Magistratuum
maxima
pars
est
muneris
Imperatoris
,
the
creation
of
Magistrates
is
the
greatest
part
of
the
Office
of
an
Emperor
.
The
Soveraign
possessing
his
proper
Power
without
a
Superiour
;
[
](A46988-e149230-b)(i)
(i)
Arnis●us
,
cap.
11.
p.
267.
the
Magistrates
are
Instruments
,
by
which
the
Soveraign
executes
his
Commands
:
for
it
is
reason
he
alone
have
the
power
of
appointing
them
,
who
hath
the
right
[
](A46988-e149260-b)(k)
(k)
Intercidere
Magistratuum
iniquitatem
,
infectumque
reddere
qui●quid
fieri
non
eportuerit
.
Plin.
Panaegyr
.
to
redress
the
unjust
Actions
of
the
Magistrates
,
and
to
make
void
whatsoever
ought
not
to
have
been
done
by
them
.
[
](A46988-e149280-b)(l)
(l)
Lampridius
in
Alexandro
.
Meliorem
esse
Rempublicam
&
prope
tutiorem
,
in
qua
Princeps
malus
sit
,
ea
in
qua
mali
Princip●
Ministri
.
Hence
it
is
,
a
Prince
is
to
be
very
solicitous
in
the
choice
of
Magistrates
;
for
it
is
better
for
a
Commonwealth
,
and
almost
safer
,
when
a
Prince
is
evil
,
than
when
the
Prince's
Ministers
are
so
:
Therefore
in
the
choice
of
them
,
the
indoles
,
aptness
and
ability
of
the
persons
for
their
respective
Offices
are
principally
to
be
regarded
;
for
[
](A46988-e149320-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Plut.
Polit.
Pracept
.
omnia
non
pariter
rerum
sunt
omnibus
apta
.
Some
are
fit
for
[
](A46988-e149350-b)(n)
(n)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Tiut.
Polit.
Pracept
.
Military
,
and
others
for
Civil
commands
;
[
](A46988-e149370-b)*
*
Properti●s
.
lib
3.
The
use
of
various
Magistrates
for
vario●
;
Employments
.
some
for
the
Consulting
,
Contriving
part
,
others
for
the
Executive
;
some
because
there
is
use
of
their
Popularity
,
others
of
their
Prudence
,
others
of
their
Justice
;
some
to
conciliate
the
Subjects
dutifulness
to
their
Prince
,
others
to
represent
the
Prince
gracious
to
the
People
;
some
for
the
care
of
the
Prince's
Revenue
,
that
he
never
want
a
Fund
against
all
contingencies
;
others
to
see
the
dispending
of
it
for
the
Princes
honour
,
and
his
own
and
the
Peoples
benefit
.
So
that
in
[
](A46988-e149390-b)(o)
(o)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Tiut.
Polit.
Pracept
.
whomsoever
any
,
or
especially
all
Vertues
,
are
conspicuous
,
much
is
to
be
attributed
to
him
,
and
a
Prince's
Eye
should
soon
discover
him
to
imploy
him
according
to
his
Talent
.
Some
Magistrates
are
absolutely
necessary
for
the
Administration
of
the
Government
,
without
whom
there
cannot
be
that
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
the
Philosopher
calls
it
:
such
are
Lord
Chancellors
,
Lord
Treasurers
,
Lord
Lieutenants
,
Judges
,
Sheriffs
,
&c.
others
for
the
more
splendid
part
of
the
Government
,
which
are
Officers
of
the
Court
rather
than
Magistrates
,
as
Master
of
the
Horse
,
Grooms
of
the
Stole
,
Bed-chamber
and
Privy-Chamber
Gentlemen
,
Master
of
Ceremonies
,
Kings
of
Armes
,
&c.
Therefore
the
Philosopher
[
](A46988-e149460-b)(p)
(p)
Absque
necessariis
Magistratibus
Civitas
ne
consistere
quidem
potest
;
absque
its
qui
ad
ornatum
&
〈◊〉
linem
pertinent
,
praclare
adminislrari
non
potest
.
6.
Polit.
c.
8.
rightly
observes
,
That
without
necessary
Magistrates
a
City
cannot
subsist
;
and
without
those
who
are
for
Ornament
and
Beauty
,
the
City
cannot
be
administred
honourably
.
It
is
of
excellent
use
to
the
Publick
,
as
well
as
advantagious
to
themselves
,
that
the
young
Nobility
and
Gentry
be
bred
up
in
Learning
,
Young
Nobility
and
Gentry
to
be
so
educated
as
they
may
be
fitted
for
Magistracy
.
Military
Discipline
,
and
all
other
ways
that
might
accomplish
them
for
the
service
of
their
Prince
and
Country
:
for
where
a
Prince
can
be
served
by
the
Nobility
and
ancient
Gentry
,
it
much
facilitates
the
execution
of
their
trusts
;
but
in
some
cases
it
may
be
requisite
to
imploy
those
of
great
Wisdom
,
Judgment
and
Diligence
(
the
Endowments
of
noble
Minds
)
though
not
of
so
noble
Extract
.
So
[
](A46988-e149500-b)(q)
(q)
6.
Annal.
Mecaenas
advised
Augustus
that
he
should
chuse
the
praefectus
praetorio
,
out
of
the
Horsemen
,
lest
if
he
were
one
of
the
Nobility
he
might
attempt
something
against
the
Prince
:
and
so
it
is
noted
in
[
](A46988-e149550-b)(r)
(r)
Quod
p●r
negotiis
●eque
●upra
erat
.
Tacitus
,
That
the
Province
was
given
to
Sabinus
,
not
for
any
excellency
,
but
that
he
was
fit
and
not
above
the
imployment
.
But
this
caution
is
unnecessary
where
Kingdoms
are
hereditary
,
and
depend
not
upon
the
approbation
of
Soldiery
or
Senate
.
Princes
not
to
give
too
great
Powers
to
any
.
Above
all
things
Princes
should
take
care
that
they
commit
not
any
of
their
Royal
Prerogatives
to
the
Magistrates
,
or
their
Curators
:
'T
is
not
safe
for
a
Prince
to
intrust
any
of
these
in
a
Subjects
hands
;
for
it
is
by
many
Histories
apparent
,
that
when
by
reason
of
a
Prince's
Captivity
,
Minority
,
his
prosecuting
some
War
out
of
his
Country
(
whereby
a
Kingdom
cannot
be
governed
without
a
Viceroy
or
Protector
,
with
the
whole
Authority
of
a
Prince
)
the
sweetness
of
this
Power
hath
tempted
them
to
usurp
or
do
ill
Offices
to
their
Prince
or
People
.
[
](A46988-e149590-b)(s)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
5.
c.
11.
Hence
the
Philosopher
adviseth
not
to
make
such
great
,
who
in
Wit
and
Manners
are
bold
and
daring
.
Therefore
it
is
not
safe
for
Princes
to
keep
Viceroys
long
in
their
imployments
,
especially
if
there
be
any
danger
of
their
Ambitious
aimes
to
get
the
Soveraignty
into
their
own
hands
;
or
that
they
will
not
be
observant
of
the
due
Execution
of
the
Laws
,
or
for
private
ends
will
suppress
the
Nobility
,
Great
Ministers
not
to
be
long
continued
in
the
same
Station
.
or
oppress
the
People
;
by
their
Interest
pervert
the
course
of
Justice
,
or
introduce
new
Laws
,
by
surprizing
the
Soveraign
in
gaining
his
consent
.
In
all
such
cases
the
rule
of
the
[
](A46988-e149650-b)(t)
(t)
Qui
parvo
tempore
Magistratui
praesunt
,
non
tam
facile
nocere
possunt
quam
qui
longo
.
Philosop●er
is
most
true
,
They
that
for
a
short
time
obtain
the
Magistracy
,
cannot
so
soon
hurt
,
as
they
which
enjoy
it
long
;
as
he
instanceth
in
Demagogues
in
Popular
Government
,
and
the
Dynastae
in
Oligarchies
,
which
by
that
means
became
Tyrants
.
Julius
Caesar
[
](A46988-e149710-b)(u)
(u)
Clapmarius
de
Arcanis
Imperil
,
lib.
2.
c.
18.
and
Augustus
made
all
their
Magistrates
annually
;
whereby
they
gratified
all
the
eminent
men
of
the
Commonwealth
by
rotation
:
but
[
](A46988-e149750-b)(w)
(w)
Alii
taedio
novae
curae
,
semel
placita
pro
aeternis
servavisse
,
quidam
invidia
,
ne
plures
fruerentur
;
sunt
qui
existiment
,
ut
callidum
ejus
ingenium
,
ita
anxium
judicium
.
Tiberius
did
otherwise
,
giving
this
reason
for
it
,
That
Horse-leeches
having
sucked
much
blood
are
at
quiet
,
and
so
the
biting
of
fresh
men
are
most
sharp
.
Some
think
,
saith
Tacitus
,
he
did
it
only
to
seclude
others
from
injoying
of
them
,
and
to
prevent
his
yearly
trouble
in
chusing
,
which
as
it
would
oblige
the
Elected
,
so
would
disoblige
the
Candidates
;
but
most
ascribe
it
to
the
subtilty
of
his
Nature
,
quod
nec
[
](A46988-e149790-b)(x)
(x)
Tacitus
1.
Annal.
cap.
ult.
eminentes
virtutes
sectabatur
,
&
rursum
vitia
oderit
;
ab
optimis
periculum
sibi
,
à
pessimis
dedecus
publicum
metuebat
;
He
did
not
make
great
search
,
or
take
much
care
to
find
men
of
the
most
eminent
Vertues
,
and
yet
he
hated
the
Vitious
;
fearing
from
the
best
danger
to
himself
,
and
from
the
worst
disgrace
to
the
Commonweal
.
In
our
constitution
of
Government
,
The
Sovereign's
Power
to
change
Magistrates
.
a
most
excellent
temper
is
observed
,
where
by
the
Princes
Power
is
reserved
to
change
the
prime
Ministers
of
State
and
Judicature
at
his
pleasure
;
which
obligeth
them
to
great
care
to
act
justly
in
their
Places
,
and
prevents
Sedition
,
where
any
other
had
the
Power
of
Electing
:
for
it
is
the
Power
of
chusing
in
any
other
than
the
Soveraign
,
that
is
the
only
cause
of
Faction
;
not
what
the
[
](A46988-e149840-b)(y)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
2.
Polit.
c.
5.
Philosopher
notes
against
Socrates
,
That
the
same
continually
being
Magistrates
,
is
the
cause
of
Sedition
,
by
reason
of
the
Envy
of
the
rejected
Candidates
,
and
also
among
Spirited
and
Martial
People
that
expect
those
imployment
.
The
Kings
of
England
have
undoubtedly
the
sole
Power
of
creating
,
and
appointing
Magistrates
,
See
more
of
this
in
the
next
Chapter
.
and
Officers
of
greatest
Authority
.
So
[
](A46988-e149920-b)(z)
(z)
Smith
de
Repub.
Angliae
,
lib.
2.
the
grave
Author
of
the
Commonwealth
of
England
affirms
,
That
in
the
appointing
all
the
great
Officers
and
Ministers
of
the
Realm
,
whether
Spiritual
,
or
Temporal
,
the
highest
are
immediately
in
the
Kings
Power
to
nominate
,
and
the
inferiour
by
Authority
derived
from
him
.
So
the
Kings
of
England
appoint
the
High
Commissioner
,
and
all
other
the
great
Ministers
and
Officers
in
Scotland
;
the
Lord
Lieutenant
,
Lord
Justices
,
and
other
great
Ministers
and
Officers
in
Ireland
,
and
by
Letters
Patents
appoint
a
Prorex
,
locum
tenens
,
or
Guardian
of
the
Realm
in
their
absence
,
before
whom
even
Parliaments
have
been
held
:
but
it
were
endless
to
descend
to
the
particular
imployments
of
Magistrates
under
the
Soveraign
.
Therefore
I
shall
only
note
what
the
[
](A46988-e150000-b)(a)
(a)
MS.
Speech
,
1
Eliz.
penes
Rad.
Thoresly
de
Leedes
,
Gen.
Chancellor
in
the
Queens
name
said
to
Sir
Thomas
Gargrave
,
chosen
Speaker
of
the
Commons
House
,
That
to
the
head
of
every
body
Politick
,
b●●ngeth
immediately
or
mediately
the
assignment
,
and
admitting
of
every
Member
of
the
Body
to
his
Ministry
,
and
Duty
;
the
contrary
whereof
were
monstrous
in
Nature
and
Reason
.
It
is
both
a
great
glory
and
happiness
to
a
Prince
when
he
is
served
by
Magistrates
of
great
probity
:
for
the
skill
and
watchfulness
,
The
necessary
Care
of
a
Prince
in
chusing
Magistrates
.
as
well
as
indulgent
care
of
a
Prince
is
thereby
discovered
,
and
revered
in
such
a
choice
;
and
the
evil
Complexion
of
the
People
is
chargeable
mostly
on
the
Magistrates
.
Therefore
what
the
Chancellor
[
](A46988-e150050-b)(b)
(b)
MS.
Speech
Trim.
Term.
1557.
in
a
Speech
in
the
Star-Chamber
,
by
the
Queens
direction
told
the
Justices
,
is
applicable
to
all
sorts
of
Magistrates
,
That
the
not
,
or
remiss
doing
of
Justice
,
must
by
the
Prince
be
charged
upon
their
shoulders
,
as
the
immediate
Executors
of
the
Law
.
The
qualifications
of
Magistrates
may
be
the
Subject
of
a
Common
place
;
I
shall
only
hint
some
more
necessary
,
referring
the
rest
to
the
succeeding
Chapter
.
First
they
ought
to
be
Persons
undisturbed
with
Passions
;
for
as
they
are
appointed
to
correct
the
Vitious
,
so
they
should
begin
the
Reformation
at
home
.
Chilon's
[
](A46988-e150100-b)(c)
(c)
Laertius
in
vita
Chilonis
.
Brother
desiring
to
know
why
he
was
not
chosen
at
Sparta
as
well
as
Chilon
,
he
answered
that
he
knew
how
to
bear
an
Injury
,
which
his
Brother
did
not
;
for
in
Publick
imployments
those
who
are
the
Censores
morum
,
and
chastise
the
Infringers
of
the
Laws
,
must
expect
Calumnies
and
evil
Entreaties
from
the
incorrigible
and
debauched
:
and
such
must
be
resolved
to
perform
their
duty
without
any
other
by-end
of
Revenge
,
Tyranny
and
Imperiousness
on
the
one
hand
;
or
hasty
,
rast
Cholerickness
,
Partiality
or
Corruptness
on
the
other
.
Plato
[
](A46988-e150160-b)(d)
(d)
Lib.
4.
de
LL.
adviseth
that
the
wealthiest
be
chosen
for
the
better
support
of
the
Dignity
;
but
withall
,
that
they
be
such
as
are
exemplary
in
obeying
the
Laws
.
For
none
are
more
fit
to
serve
their
Prince
and
profit
the
Subjects
,
than
such
as
are
obedient
to
the
Laws
,
which
when
they
make
a
rule
of
their
own
Actions
,
they
will
be
sure
to
exact
it
of
others
.
It
is
great
disparagement
to
a
Prince
,
to
chuse
men
of
vitious
or
uncommendable
lives
,
or
such
as
have
not
worth
and
honour
to
commend
them
.
So
the
Princes
of
Europe
think
the
Grand
Seignior
not
so
well
served
by
Slaves
,
nor
was
it
so
commendable
in
the
Roman
Emperors
to
make
their
Freemen
of
greater
Power
with
them
,
in
the
managery
of
greater
affairs
,
than
Consuls
or
Senators
;
which
made
[
](A46988-e150220-b)(e)
(e)
Praecipuum
indicium
non
magni
Principis
,
magni
Liberti
.
Panaegyr
.
Pliny
say
,
It
was
the
principal
sign
of
a
Prince
not
great
,
where
the
Freemen
were
great
.
The
Prince
cannot
be
presumed
to
chuse
his
Magistrates
by
his
own
knowledge
of
their
abilities
,
and
fitness
for
their
several
Imployments
,
but
must
trust
such
as
are
about
him
:
therefore
it
becomes
them
well
to
know
the
qualifications
of
such
as
are
to
bear
Office
;
for
the
Rule
of
Tacitus
[
](A46988-e150270-b)(f)
(f)
Melius
officiis
&
administrationibus
non
peccaturos
praeficere
,
quam
damnare
cum
pe●●arint
.
Vita
Agricolae
.
is
to
be
observed
,
That
it
is
better
not
to
prefer
to
Offices
and
Administrations
such
as
will
transgress
,
than
to
condemn
them
who
have
transgressed
.
CHAP.
XXXIII
.
Of
the
Soveraigns
appointing
Judges
,
Courts
of
Justice
,
and
other
Officers
.
HAving
treated
in
the
last
Chapters
of
such
as
have
a
general
inspection
into
,
and
(
by
the
Soveraigns
Election
,
and
placing
them
)
a
power
of
advising
,
at
least
,
how
the
whole
frame
of
Government
is
to
be
disposed
,
as
both
Prince
and
People
may
be
happy
:
I
come
now
more
particularly
to
the
Ministerial
Officers
of
Justice
,
such
as
are
the
Lord
Chancellor
or
Keeper
,
Lord
Treasurer
,
the
two
Lord
Chief
Justices
,
and
the
rest
of
the
Judges
,
whether
they
be
the
Judges
at
Westminster
,
or
those
of
Assises
,
Oyer
and
Terminer
,
to
try
Causes
in
their
respective
Circuits
.
I
undertake
this
Task
,
Lugduni
tanquam
Rhetor
dicturns
ad
Aram
,
The
Author's
Apology
.
or
one
that
procul
profanus
adorat
:
The
Subject
being
only
fit
to
be
handled
by
such
as
have
read
and
digested
the
whole
Body
of
the
Laws
,
and
are
eminent
in
the
Profession
of
them
:
whereas
I
must
own
my self
to
have
tasted
only
so
much
of
that
Ornamental
and
most
useful
Study
,
as
may
quicken
a
dull
and
languid
Appetite
,
to
praise
,
or
rather
admire
it
;
than
that
I
can
hope
to
benefit
the
judicious
Reader
,
by
an
imperfect
Description
of
their
Calling
and
Office
,
who
by
the
Sovereign
are
appointed
to
be
the
Oracles
of
the
Law
,
and
the
Ministers
of
his
Justice
,
whose
great
Wisdom
and
Knowledge
all
ought
to
reverence
.
But
as
they
make
so
great
a
Figure
in
the
Government
,
I
could
not
omit
them
,
though
it
be
but
to
salute
the
Skirts
,
and
hold
up
the
Train
of
their
Scarlet
Robes
.
SECT.
1.
IN
Edward
the
Elders
Days
,
those
that
gave
Judgment
under
the
King
,
King
Edward
the
Elder
's
Law
about
Judges
.
Gerefa
.
had
the
name
Gerefa
,
under
which
name
,
Aldermen
,
Earls
,
Presidents
,
Prefects
,
Governours
,
&c.
were
comprehended
.
From
whence
with
the
Germans
,
the
word
Grave
is
used
,
for
an
Earl
,
President
,
Judge
,
&c.
and
our
Sheriff
is
from
Scyre
gerev
,
Raeve
,
or
Graeve
of
the
Shire
.
The
Charge
in
that
Kings
Laws
,
runs
thus
,
[
](A46988-e150540-b)(a)
(a)
Eadweard
Cyning
vyt
thaem
Gerefum
eallum
,
that
gede
man
swa
ribte
domas
swa
gerihtoste
cunnon
,
&
hit
on
thaere
dombec
stande
;
ne
wandigeth
for
nanum
thingum
folcrihte
to
gerecanne
,
&c.
Eadward
the
King
wills
,
that
all
his
Graeves
give
so
right
Judgment
as
they
can
most
Righteously
,
as
it
stands
in
their
Judgment
Book
,
(
that
is
,
as
we
may
suppose
,
in
the
written
Laws
)
fearing
for
no
thing
or
cause
,
to
declare
or
pronounce
Right
or
Justice
to
the
People
.
The
which
publishing
of
Justice
,
they
shall
appoint
at
certain
times
or
Terms
when
they
will
perform
it
,
and
declare
the
same
.
So
that
in
this
seems
to
be
comprehended
what
is
more
at
large
in
the
Oath
of
a
Judge
in
After-Ages
.
We
must
principally
consider
that
the
King
is
the
Fountain
and
original
of
all
Justice
in
his
Kingdom
;
The
King
is
the
Fountain
of
Justice
.
therefore
Bracton
[
](A46988-e150600-b)(b)
(b)
Lib.
3.
cap.
9
,
10.
Rex
&
non
alius
debet
judicare
,
si
solas
ad
id
sufficere
possit
,
cum
ad
hoc
per
veritatem
Sacramenti
teneatur
astrictus
,
sicut
Dei
Vicartus
&
Minister
in
terra
.
saith
,
That
the
King
,
and
not
another
,
ought
to
judge
,
if
he
alone
were
sufficient
to
do
it
,
being
bound
by
his
Oath
to
it
;
therefore
the
King
ought
to
exercise
the
Power
of
the
Law
,
as
Gods
Vicar
.
But
if
our
Lord
the
King
be
not
sufficient
to
determine
all
Causes
,
that
the
Burthen
may
be
lighter
,
divided
among
several
Persons
,
he
ought
to
chuse
Men
wise
,
and
fearing
God
,
See
Britton
,
fol.
1.
Coke
,
4.
Inst.
c.
7.
and
appoint
them
Justiciaries
.
Yet
this
surrogating
of
Judges
in
the
Kings
respective
Courts
,
doth
not
divest
the
King
of
his
Power
;
for
as
the
same
[
](A46988-e150690-b)(c)
(c)
Rex
habet
ordinariam
Jurisdictionem
,
&
omnia
Jura
manu
sua
,
quae
nec
ita
delegari
possunt
,
quin
ordinaria
remaneant
cum
ipso
Rege
.
Bracton
saith
,
The
King
hath
ordinary
Jurisdiction
,
and
all
Laws
are
in
his
Hands
,
which
cannot
be
so
delegated
,
but
that
they
remain
with
the
King
.
From
which
,
and
other
Authorities
,
Mr.
Lambard
saith
,
[
](A46988-e150720-b)(d)
(d)
Archaion
.
That
the
Courts
derive
their
Powers
from
the
Crown
,
their
original
;
and
drawing
by
one
and
one
(
as
it
were
so
many
Roses
)
from
the
Garland
of
the
Prince
,
leave
nevertheless
the
Garland
it self
undespoiled
of
the
Sovereigns
Vertue
in
the
Administration
of
Justice
.
Therefore
saith
Sir
Edward
[
](A46988-e150750-b)(e)
(e)
Tit.
Discontinue
de
Proces
,
part
7.
30.
Coke
,
By
the
Common
Law
all
Pleas
were
discontinued
by
the
Death
of
the
King
;
and
Process
awarded
,
and
not
returned
before
his
Death
,
was
lost
—
For
by
the
Death
of
the
King
,
not
only
the
Justices
of
both
the
Benches
,
and
the
Barons
of
the
Exchequer
,
but
Sheriffs
also
,
and
Escheators
,
and
all
Commissions
of
Oyer
and
Terminer
,
Gaol-Delivery
,
and
Justices
of
Peace
,
are
determined
by
the
Death
of
the
Predecessor
that
made
them
.
Therefore
the
Statute
of
25
Ed.
3.
declares
it
to
be
Treason
,
if
any
man
kill
the
Chancellor
,
The
Judges
represent
the
King's
Person
.
Treasurer
,
or
the
Kings
Justices
,
of
the
one
Bench
or
the
other
,
Justices
in
Eyre
or
Assise
,
or
any
other
Justices
assigned
to
hear
and
determine
,
being
in
their
places
,
doing
their
Offices
.
The
[
](A46988-e150830-b)(f)
(f)
Id.
3.
Instit.
p.
18
&
140.
reason
whereof
is
assigned
,
because
all
these
represent
the
King
's
Royal
Person
,
in
his
own
Courts
,
by
his
own
Commission
under
the
Great
Seal
,
in
the
very
Execution
of
the
Kings
Royal
Office
,
viz.
Administration
of
publick
Justice
to
his
People
.
As
therefore
the
King
at
his
Coronation
,
[
](A46988-e150890-b)(g)
(g)
Facies
fieri
in
omnibus
Justiciis
tuis
aequam
&
rectam
Justitiam
,
&
discretionem
in
misericordia
&
veritate
,
secundum
vires
tuas
.
taketh
an
Oath
to
make
to
be
done
,
in
all
his
Judgments
,
equal
and
right
Justice
,
and
Discretion
in
Mercy
and
Truth
,
according
to
his
Power
:
So
he
lays
the
Burthen
thereof
upon
the
Judges
,
according
to
that
of
E.
3.
for
the
Pleasure
of
God
,
and
quietness
of
our
Subjects
,
as
to
save
our
Conscience
,
and
keep
our
Oath
,
by
the
assent
of
our
great
Men
,
and
other
of
our
Council
,
we
have
commanded
our
Justices
,
that
they
shall
from
henceforth
do
even
Law
,
and
Execution
of
right
to
all
our
Subjects
,
Rich
and
Poor
,
without
having
regard
to
any
Person
,
&c.
Therefore
before
this
in
[
](A46988-e150920-b)(h)
(h)
Nulli
vendemus
,
nulli
negabimus
aut
differemus
Justitiam
vel
Rectum
.
c.
29.
Magna
Charta
we
find
,
that
the
King
will
sell
,
deny
or
defer
Justice
to
none
.
Yet
from
hence
it
doth
not
follow
,
that
if
in
the
opinion
of
some
,
the
King
doth
not
do
Justice
,
that
therefore
any
Subject
should
conclude
,
as
the
Master
of
the
Hospitallers
of
Jerusalem
in
England
,
at
Clerkenwell
,
Anno
1252.
37
H.
3.
did
.
The
Story
is
thus
told
by
[
](A46988-e151000-b)(i)
(i)
Hist.
p.
826
,
827.
Edit.
prioris
.
Matthew
Paris
:
The
Master
waiting
a
time
,
when
he
might
discourse
with
the
King
,
he
complained
of
some
Injuries
done
him
,
The
King
loseth
not
his
Authority
,
tho'
he
do
not
Justice
.
and
shewed
the
King
some
Charters
of
Protection
,
of
himself
and
his
Ancestors
.
The
King
answered
with
an
Oath
,
and
in
Wrath
;
You
Prelates
and
Religious
,
especially
Templars
and
Hospitallers
,
have
so
many
Liberties
and
Charters
,
that
they
make
you
proud
,
&c.
Therefore
they
ought
prudently
to
be
revoked
,
which
imprudently
have
been
granted
to
you
;
for
even
the
Pope
oftentimes
revokes
his
Grants
,
with
a
non
obstante
:
and
the
King
told
him
,
so
he
would
do
.
To
all
which
the
[
](A46988-e151070-b)(k)
(k)
Cui
Magister
Hospitalis
respondit
alac●iter
,
vultu
elevato
,
Quid
est
quod
dici●
,
Domine
Rex
?
Absit
ut
in
ore
tuo
recitetur
hoc
verbum
illepidum
&
absurdum
.
Quamdia
Justitiam
observas
,
Rex
esse
poteris
:
&
quam
cito
bane
infregeris
,
Rex
esse
desines
.
Master
(
saith
Matt.
Paris
)
answered
chearfully
,
and
with
a
lifted
up
Countenance
,
What
is
this
you
say
,
my
Lord
the
King
?
far
be
it
from
you
to
speak
so
absurd
a
thing
.
As
long
as
you
observe
Justice
you
may
be
a
King
;
and
as
soon
as
ever
you
break
this
,
you
cease
to
be
a
King
.
Thus
he
would
make
Dominion
founded
in
Justice
,
as
others
in
Grace
.
But
I
need
not
add
many
Authorities
upon
this
Head
;
for
by
the
universal
Suffrage
of
the
profound
Lawyers
,
the
Kings
of
England
solely
nominate
,
create
,
and
[
](A46988-e151100-b)(l)
(l)
Dyer
,
fol.
56.
appoint
all
the
Judges
of
the
great
Courts
at
Westminister
,
and
may
remove
them
at
their
Pleasure
,
and
alone
make
[
](A46988-e151130-b)(m)
(m)
Davis
.
45.
and
appoint
Justices
of
Oyer
and
Terminer
,
of
Gaol-delivery
,
Justices
of
the
Peace
,
Sheriffs
,
and
the
like
Officers
,
and
[
](A46988-e151170-b)(n)
(n)
Coke
4.
Inst.
n.
4.
14.
114.
117.
remove
them
when
they
see
Cause
:
and
the
[
](A46988-e151200-b)(o)
(o)
Bulstrod
.
3.
296.
1
H.
7.
c.
25.
Prerogative
of
making
Judges
cannot
be
given
or
claimed
by
a
Subject
.
The
King
hath
also
Power
to
name
,
create
,
make
,
[
](A46988-e151250-b)(p)
(p)
Sheppard's
Grand
Abridgment
,
part
3.
p.
53.
and
remove
the
great
Officers
Ecclesiastical
and
Civil
,
by
Sea
and
Land
,
as
Archbishops
,
Bishops
,
(
by
way
I
suppose
of
Conge
deslier
,
The
King
's
placing
and
displacing
all
Great
Officers
.
and
Translation
)
Lord
Chancellor
or
Keeper
,
Lord
Treasurer
,
Lord
President
,
Lord
Privy-Seal
,
Lord
High
Steward
,
Lord
Admiral
,
Lord
High
Constable
,
Earl
Marshal
,
Lord
Chamberlain
,
Privy
Counsellors
,
the
Marshal
or
Steward
of
the
Kings
House
,
and
the
rest
of
the
Officers
of
his
Houshold
,
Master
of
the
Horse
,
Officers
of
the
Mint
,
of
the
Castles
,
Port-Towns
,
and
Shipping
,
Lord
Lieutenants
,
and
many
more
too
tedious
to
be
named
.
So
that
either
mediately
or
immediately
,
all
Officers
are
by
the
Kings
appointment
;
which
is
not
only
a
manifest
badge
,
but
a
necessary
appurtenance
of
the
Soveraignty
.
SECT.
2
The
Court
of
High-Steward
.
THE
Kings
Courts
have
been
various
,
The
Court
of
the
High-Steward
.
as
that
of
the
Privy-Council
,
called
the
Council-Board
,
of
which
I
have
spoke
before
.
The
Court
of
the
High-Steward
of
England
,
intituled
,
Placita
Coronae
coram
—
Seneschallo
Angliae
,
disused
since
the
Reign
of
Henry
the
Fourth
;
and
now
a
Lord
High-Steward
is
only
appointed
,
pro
hac
vice
,
with
limitations
for
the
Tryals
of
some
Peers
of
the
Kingdom
upon
Inditement
.
His
Power
anciently
was
[
](A46988-e151400-b)(q)
(q)
Coke
4
Inst.
c.
4.
Supervidere
&
regulare
sub
Rege
,
&
immediate
post
Regem
,
totum
Regnum
Angliae
&
omnes
Ministros
Legum
,
infra
idem
Regnum
,
temporibus
Pacis
,
&
Guerrarum
.
The
next
Court
which
is
now
totally
suppressed
,
was
the
Honourable
Court
of
Star-Chamber
,
The
Star-chamber
Court
.
of
ancient
time
stiled
Coram
Rege
&
Concilio
suo
,
&
coram
Rege
&
Concilio
suo
in
Camera
stellata
,
of
which
I
shall
have
occasion
to
write
something
in
the
Chapter
below
.
SECT.
3
The
Court
of
King's-Bench
.
AS
to
the
great
and
standing
Courts
,
The
King's-Bench
.
the
first
of
them
that
is
mentioned
in
Ancient
Writers
,
is
that
of
the
Kings
Bench
,
coram
Rege
.
This
,
[
](A46988-e151520-b)(r)
(r)
Rex
illarum
Curiarum
habet
unam
propriam
sicut
Aulam
Regiam
,
&
Justiciarios
Capitales
qui
proprias
Causas
Regias
terminant
.
Bracton
saith
,
was
the
Kings
proper
Court
,
called
the
Kings
Hall
,
and
had
for
Judges
in
it
Chief-Justices
,
which
determined
the
Kings
proper
Causes
,
&c.
The
same
[
](A46988-e151550-b)(s)
(s)
Justiciariorum
quidam
sunt
Capitales
,
generales
,
perp●tui
,
&
majores
a
latere
Regis
resid●ates
,
qui
emnium
aliorum
corrigere
tenentur
injurias
&
errores
.
Lib.
3.
c.
7.
fol.
108
b.
Author
speaking
of
the
Justices
of
this
Court
,
saith
,
That
some
of
them
were
Capital
,
General
,
perpetual
,
and
the
greater
sitting
by
the
Kings
side
,
which
were
to
correct
the
injuries
and
errors
of
all
others
.
Fleta
in
describing
this
Court
,
saith
My
Lord
Coke
,
gives
this
account
,
That
the
King
in
this
Court
hath
his
Justiciaries
,
as
well
Knights
as
Clergy-men
,
as
the
Kings
Lieutenants
in
England
(
as
the
Lords
Justices
were
sometimes
I
suppose
in
Ireland
)
before
[
](A46988-e151620-b)(t)
(t)
Coram
quibus
&
non
alibi
nisi
coram
semetipso
,
&
Concilio
suo
,
vel
A●ditoribus
specialibus
,
falsa
Judicia
&
Errores
Justiciariorum
re●ertuntur
&
corriguntur
.
whom
,
and
no
where
else
,
unless
before
the
King
himself
,
and
his
Council
or
special
Commissioners
,
false
Judgments
and
Errors
of
Justices
are
reversed
and
corrected
:
and
there
are
determined
Breeves
of
Appeals
,
and
other
Breeves
upon
Criminal
Actions
,
and
Injuries
against
the
Peace
of
the
King
.
And
Bracton
saith
,
That
in
Criminal
Matters
,
if
they
touched
the
King's
Person
,
as
Treason
,
they
were
tried
coram
Rege
;
if
concerning
private
matters
,
then
before
the
Justices
only
.
By
many
Records
it
appears
,
The
Kings
of
England
used
to
fit
in
this
Court
.
that
the
King
sometimes
sate
in
this
Court
,
and
that
sometimes
the
King
ordered
it
to
follow
his
Court
,
as
particularly
in
28
E.
1.
[
](A46988-e151690-b)(u)
(u)
Cap.
5.
it
was
established
in
the
Statute
of
Articuli
super
Chartas
.
Robert
de
Bruis
was
the
first
Capitalis
Justiciarius
ad
placita
coram
Rege
,
8
March
[
](A46988-e151760-b)(w)
(w)
Pat.
52.
H.
3.
m.
24.
52
H.
3.
the
Title
of
Justiciarius
Angliae
(
of
whose
great
Power
the
learned
[
](A46988-e151820-b)(x)
(x)
Glossary
.
Spelman
and
[
](A46988-e151840-b)(y)
(y)
Sacred
Laws
.
Sir
Henry
Spelman
about
the
Office
of
the
Chief-Justice
of
England
.
Mr.
White
have
given
an
account
)
having
an
end
in
Phillip
Basset
,
who
was
advanced
to
that
place
45
H.
3.
—
Who
desires
further
satisfaction
,
may
consult
Mr.
Crompton's
Jurisdiction
des
Courts
,
c.
4.
Sir
Ed.
Coke
,
Sir
William
Dugdale
,
Mr.
Prynne
,
and
the
Authors
they
cite
,
who
are
many
and
learned
,
and
do
at
large
treat
of
its
Jurisdiction
and
the
Practice
in
it
,
which
are
foreign
to
my
Design
.
SECT.
4.
The
Court
of
Common-Pleas
.
The
Common-Pleas
.
THis
Court
of
Common-Pleas
appears
to
be
as
antient
as
Henry
the
First
's
time
;
for
in
his
Charter
to
the
[
](A46988-e152010-b)(z)
(z)
Coke's
Reports
,
part
8.
Abbat
of
B.
he
grants
Connusance
of
all
Pleas
;
so
that
neither
the
Justices
of
the
one
Bench
,
or
of
the
other
,
or
Justices
of
Assize
should
meddle
.
Bracton
[
](A46988-e152060-b)(a)
(a)
Cognoscunt
de
omnibus
Placitis
de
quibus
Authoritatem
habent
cognoscendi
,
&
sine
Warranto
Jurisdictionem
non
habent
nec
Coercionem
.
Lib.
3.
c.
10.
fol.
105
b.
saith
,
This
Court
had
Cognizance
of
all
Pleas
,
of
which
Authority
is
given
them
,
without
warrant
,
they
neither
having
Jurisdiction
,
or
Coercion
.
Therefore
Sir
Edward
Coke
saith
,
That
regularly
this
Court
cannot
hold
any
Common-Plea
in
any
Action
,
real
,
personal
,
or
mixt
,
but
by
Writ
out
of
Chancery
,
returnable
in
this
Court
.
This
Court
proper
for
Pleas
betwixt
Party
and
Party
.
Those
that
treat
of
this
Court
,
agree
,
That
it
was
for
hearing
and
determining
all
Controversies
in
matters
Civil
,
betwixt
Party
and
Party
;
called
the
Common-Pleas
,
as
contradistinct
from
Pleas
of
the
Crown
,
and
was
anciently
kept
in
the
Kings
own
Palace
.
Not
to
follow
the
King
's
Court.
In
Magna
Charta
it
is
granted
,
That
the
Common-Pleas
shall
not
follow
the
Kings
Court
,
but
shall
be
held
in
a
certain
place
.
The
Exchequer
having
been
the
place
where
these
Causes
were
heard
,
till
[
](A46988-e152140-b)(b)
(b)
Articuli
super
Chartas
,
cap.
4.
28
E.
1.
that
by
Statute
it
was
provided
,
that
no
Common-Plea
shall
from
henceforth
be
held
in
the
Exchequer
,
contrary
to
the
form
of
the
Great
Charter
.
The
first
,
who
had
the
Appellation
of
Capitalis
Justiciarius
in
this
Court
,
according
to
Sir
William
Dugdale
,
was
Gilbert
de
Preston
,
who
by
that
Title
had
his
Livery
of
Robes
,
[
](A46988-e152210-b)(c)
(c)
Liberat.
1
E.
1.
m.
4.
1
E.
1.
The
number
of
the
Justices
[
](A46988-e152270-b)(d)
(d)
See
Sir
William
Dugdale's
Origines
Juridiciales
,
p.
39
b.
The
number
of
the
Justices
varied
.
3
E.
2.
were
Six
,
14
E.
3.
they
were
Nine
;
the
latter
end
of
Henry
the
Fourth
,
and
all
the
Reign
of
Henry
the
Seventh
they
were
but
Four
.
Those
that
would
be
satisfied
about
the
Jurisdiction
of
this
Court
,
may
have
recourse
to
Mr.
Richard
Crompton's
Jurisdiction
of
Courts
c.
7.
fol.
91.
the
Year-Book
quoted
in
Ash
his
Promptuary
,
Sir
Henry
Spelman's
Glossary
tit.
Bancus
,
&
Capitalis
Justiciar
.
de
Banco
Communi
,
p.
417.
Sir
W.
Dugdale's
Origines
Juridiciales
,
Prynne's
Animadversion
,
p.
52.
and
many
other
good
Authors
cited
by
them
.
SECT.
5.
Court
of
Chancery
.
THE
Court
of
Chancery
in
some
Writers
is
placed
the
first
,
Co●rt
of
Chancery
.
in
others
as
I
have
placed
it
.
Although
it
is
true
what
Sir
Edward
[
](A46988-e152510-b)(e)
(e)
Sir
Edw.
Coke's
Arguments
for
the
Antiquity
of
the
Chancery
.
Coke
saith
,
That
Kings
had
their
Chancellors
in
the
Saxon
times
(
indeed
he
adds
the
Brittish
also
,
of
which
little
can
be
known
;
)
yet
I
dare
not
avouch
with
him
,
that
the
Court
of
Chancery
was
then
,
as
now
,
the
only
Court
out
of
which
Original
Writs
do
issue
:
it
is
true
,
that
to
the
Charter
of
King
[
](A46988-e152550-b)(f)
(f)
Spehran
.
Tom.
1.
Concil.
p.
631.
Edward
the
Confessor
ma●e
to
the
Abbat
of
Westminster
,
amongst
the
Witnesses
it
is
said
,
Ego
Swardus
[
](A46988-e152610-b)(g)
(g)
Swyerg
trius
in
Spelman
.
Notarius
ad
vicem
Reynbaldi
Regiae
dignitatis
Cancellarii
hanc
cartam
scripsi
,
&
subscripsi
:
So
[
](A46988-e152640-b)(h)
(h)
Glossary
,
fol.
106.
Adulph
is
accounted
Chancellor
to
King
Edgar
,
and
T●rketil
to
King
Edred
,
and
King
Edmund
,
and
Wolsine
to
King
Athelstan
;
and
that
the
Chancellor
had
a
Court
,
may
be
presumed
from
what
is
found
in
the
Book
of
Ely
(
writ
as
it
is
supposed
about
King
Stephen's
time
)
that
King
Aethelred
who
Reigned
about
Anno
978.
appointed
,
and
granted
,
Answer
.
Canceliarius
qui
vel
Regum
praecepta
aut
Acta
Judicum
scribit
.
Spelm.
Gloss.
fol.
104.
that
the
Ch.
of
Ely
,
then
,
and
ever
after
in
the
Kings
Court
,
should
have
the
dignity
of
the
Chancery
:
which
albeit
,
as
Sir
Edward
Coke
saith
,
it
was
void
in
Law
,
to
grant
the
Chancellourship
of
England
in
Succession
;
yet
it
proveth
,
that
then
there
was
a
Court
of
Chancery
.
As
to
the
first
,
it
is
apparent
,
that
the
Chancellor
then
had
the
power
of
composing
the
Charters
;
and
before
Seals
were
in
use
,
might
also
subscribe
with
the
Sign
of
the
Cross
,
as
other
of
the
Kings
Officers
did
;
but
this
doth
not
prove
what
kind
of
Court
he
was
made
Judge
of
:
for
there
the
Notary
in
the
Chancellors
room
signs
last
,
and
in
the
[
](A46988-e152830-b)(i)
(i)
Tom.
1.
p.
486.
Councils
of
Sir
Henry
Spelman's
Edition
,
I
find
Adulph
stiled
Herefordensis
[
](A46988-e152890-b)(k)
(k)
Id.
p.
489.
Ecclesiae
Catascapus
,
signing
last
of
the
Abbats
.
See
Spelman
.
Glossar
.
p.
106.
As
to
the
Book
of
Ely
,
I
know
not
how
to
understand
that
the
Church
should
have
any
dignity
of
Chancellorship
in
the
Kings
Court
;
and
if
it
be
meant
of
the
Bishop
of
that
See
only
,
it
might
possibly
be
meant
to
be
the
principal
Chirographer
,
or
drawer
of
the
Kings
Charters
.
As
to
what
is
found
in
the
Mirror
,
it
is
of
no
great
validity
,
being
writ
according
to
the
then
custom
of
the
Age
;
wherein
the
Author
saith
,
That
Enrollments
[
](A46988-e152960-b)(l)
(l)
Pur
le
Enrolments
de
Pardon
de
Roy
in
le
Chancery
en
temps
le
Roy
Alfred
.
of
Pardons
of
the
King
,
were
in
the
Chancery
in
the
time
of
King
Alfred
;
Altho'
Mauricius
Regis
Cancellarius
,
by
that
title
subscribes
as
witness
to
the
Charter
of
King
William
the
Conquerer
,
to
the
Abby
of
Westminster
;
yet
none
of
these
prove
,
that
such
a
Court
was
in
those
Ages
constituted
,
as
we
now
call
the
Chancery
.
For
Sir
Henry
Spelman
[
](A46988-e153020-b)(m)
(m)
Gless
.
p.
107
●
.
proves
the
Chancery
was
no
Court
,
but
only
the
Ship
(
as
he
calls
it
)
of
the
Kings
Writs
and
Charters
in
old
time
,
now
consisting
of
three
Parts
,
sc.
è
Collegio
Scribarum
Regiorum
,
è
Foro
Juris
communis
,
&
è
Praetorio
boni
&
aqui
.
Mr.
Lambard
[
](A46988-e153070-b)(n)
(n)
Archaion
,
p.
62
,
63.
hath
proved
that
till
the
Reign
of
King
Edward
the
First
,
we
find
nothing
of
the
Chancellors
hearing
and
determining
of
Civil
causes
:
for
till
then
the
Justiciarius
Angliae
had
the
great
Power
,
Sir
William
Dugdale
's
Origines
Jurid
.
fol.
36.
b.
which
being
then
restrained
ad
placita
coram
Rege
tenenda
,
the
King
,
together
with
the
trust
and
charge
of
the
Great
Seals
,
appointed
him
to
represent
his
own
Royal
and
extraordinary
Preheminence
of
Jurisdiction
in
Civil
Causes
:
and
he
gives
this
particular
reason
for
his
opinion
,
That
Britton
,
a
Learned
Lawyer
in
Edward
the
First
's
time
,
writing
of
all
other
Courts
,
from
the
highest
Tribunal
to
a
Court
Baron
,
maketh
no
mention
of
this
Chancery
.
Yet
towards
[
](A46988-e153180-b)(o)
(o)
28
E.
1.
c.
5.
the
latter
end
of
his
Reign
we
find
it
enacted
,
The
Chancellor
and
Justices
of
the
King's-Bench
to
follow
the
King
.
That
the
Chancellor
and
Justices
of
the
Bench
should
follow
the
King
(
that
is
,
remove
with
the
Kings
Court
)
so
that
he
might
have
at
all
times
near
him
some
Sages
of
the
Law
,
which
were
able
to
order
all
such
matters
as
should
come
unto
the
Court
at
all
times
when
need
should
require
.
Yet
this
Act
did
not
give
an
absolute
Power
to
the
Chancellor
alone
,
of
determining
in
such
Civil
Causes
;
as
may
seem
by
that
Law
,
which
was
made
20
Ed.
3.
[
](A46988-e153240-b)(p)
(p)
Cap.
6.
where
it
appears
the
Treasurer
was
joyned
with
him
,
to
hear
complaints
against
Sheriffs
,
Escheators
,
&c.
something
like
this
about
Purveyors
,
and
Escheators
,
that
they
might
not
oppress
,
was
enacted
[
](A46988-e153270-b)(q)
(q)
Cap.
3.
36
Ed.
3.
Nevertheless
Mr.
Lambard
observes
,
When
Causes
in
Equity
determined
in
Chancery
.
that
it
doth
not
appear
in
the
Reports
of
the
Common
Law
,
that
there
is
any
frequent
mention
of
Causes
usually
drawn
before
the
Chancellor
for
help
in
Equity
,
till
from
the
time
of
King
Henry
the
fourth
;
nor
are
there
found
any
Bills
and
Decrees
in
Chancery
before
the
20
of
H.
6.
such
Causes
as
since
that
time
were
heard
in
that
Court
,
having
formerly
been
determined
in
the
Lords
House
of
Parliament
.
So
Sir
Edward
Coke
saith
,
In
the
Chancery
are
two
Courts
;
First
,
the
ordinary
coram
Domino
Rege
in
Cancellaria
,
where
in
the
Lord
Chancellor
or
Lord
Keeper
of
the
Great
Seal
proceeds
according
to
the
right
line
[
](A46988-e153390-b)(r)
(r)
Secundum
Legen
&
Consuetudinem
Angliae
.
of
the
Laws
and
Statutes
of
the
Realm
.
Secondly
,
extraordinary
according
to
the
Rule
of
Equity
,
Secundum
aequum
&
bonum
.
But
it
is
not
my
business
to
enter
into
particulars
.
The
curious
may
consult
Sir
Edward
[
](A46988-e153430-b)(s)
(s)
4.
Instit.
c.
8.
Coke
,
Mr.
Richard
Cromptom
,
cap.
3.
Sir
Henry
Spelman
1.
glossar
.
1.
de
Cancellario
à
pag.
105.
ad
pag
113.
Ryley's
Appendix
,
Ash's
Repertory
tit
.
Courts
,
Sect.
2.
Roll's
Abridgment
,
p.
374.
to
587.
Prynne's
Animadversions
,
p.
48.
Anno
5
Eliz.
[
](A46988-e153630-b)(t)
(t)
Cap.
18.
it
was
Enacted
that
the
Lord
Keeper
for
the
time
being
hath
always
had
,
used
and
executed
,
and
so
may
for
the
future
,
The
Lord
Keeper
equal
to
Lord
Chancellor
.
the
like
place
,
Authority
,
Preheminence
,
Jurisdiction
,
Execution
of
Law
,
&c.
as
the
Lord
Chancellor
of
England
for
the
time
being
,
lawfully
used
.
The
Oath
of
the
Chancellor
or
Lord
Keeper
,
is
to
be
found
[
](A46988-e153690-b)(u)
(u)
Rot.
Parl.
10
R.
2.
col.
8.
10
R.
2.
consisting
of
six
Parts
:
First
,
That
well
and
truly
he
shall
serve
our
Soveraign
Lord
the
King
and
his
People
in
the
Office
of
Chancellor
,
The
Oath
of
the
Lord
Chancellor
.
or
Lord
Keeper
.
Secondly
,
That
he
shall
do
right
to
all
manner
of
people
,
Poor
and
Rich
,
after
the
Laws
and
usages
of
the
Realm
.
Thirdly
,
That
he
shall
truly
counsel
the
King
,
and
his
Counsel
he
shall
layen
,
i.
e.
hide
or
keep
secret
.
Fourthly
,
That
he
shall
not
know
,
nor
suffer
the
hurt
,
or
disheriting
of
the
King
,
or
that
the
Rights
of
the
Crown
be
decreased
by
any
means
,
as
far
as
he
may
lett
it
.
Fifthly
,
That
if
he
may
not
lett
it
,
he
shall
make
it
clearly
and
expresly
to
be
known
to
the
King
,
with
his
true
Advice
and
Counsel
.
Sixthly
,
That
he
shall
do
and
purchase
the
Kings
profit
in
all
that
he
reasonably
may
,
as
God
help
him
,
and
by
the
Contents
of
this
Book
.
SECT.
6.
Of
the
Court
of
the
Exchequer
.
SIR
Edward
Coke
saith
,
the
Authority
of
this
Court
is
of
original
Jurisdiction
without
any
Commission
.
Bracton
mentioneth
nothing
of
this
Court
,
and
Fleta
giveth
a
very
short
account
,
that
the
King
hath
his
Court
and
his
Justiciaries
residing
at
his
Exchequer
,
but
descends
to
no
particulars
of
the
Jurisdiction
.
[
](A46988-e153840-b)(w)
(w)
Fol.
2
b.
But
(x)
Britton
(
who
lived
in
Edward
the
First
's
Reign
,
(
and
all
along
writes
in
the
name
of
the
King
,
as
if
his
whole
work
had
been
the
Kings
)
gives
us
an
account
of
the
Nature
of
this
Court
in
several
particulars
,
To
hear
and
determine
all
Causes
which
touch
the
Kings
Debts
,
his
Fees
,
and
the
incident
Causes
,
without
which
these
cannot
be
tried
:
So
of
Purprestures
,
Rents
,
Farms
,
Customs
,
and
generally
of
whatever
appertained
to
the
Revenue
of
the
Crown
,
the
Tenants
and
Receivers
of
it
;
so
that
the
Court
is
divided
into
two
Parts
,
viz.
Judicial
Accounts
,
called
Scaccarium
Computorum
,
and
into
the
Receipt
of
the
Exchequer
.
The
principal
Officer
is
the
Lord
Treasurer
of
England
,
who
formerly
had
this
great
Office
,
The
Lord
Treasurer
principal
Officer
of
the
Exchequer
.
by
delivery
of
the
Golden
Keys
of
the
Treasury
,
and
hath
the
Office
this
day
by
delivery
of
a
white
Staff
at
the
Kings
Will
and
Pleasure
;
his
Oath
is
much-what
the
same
as
the
Chancellors
,
differing
principally
in
that
clause
,
That
the
Kings
Treasure
he
shall
truly
keep
and
dispend
.
The
other
great
Officers
are
the
Treasurer
of
the
Exchequer
,
the
Chancellor
and
Chief
Baron
and
other
Barons
of
the
Exchequer
;
The
rest
of
the
Officers
are
particularly
reckoned
in
Sir
[
](A46988-e153940-b)(x)
(x)
4.
Instit.
fol.
106
107
,
108.
Edward
Coke
.
The
Oath
of
the
Barons
of
the
Exchequer
is
to
be
found
in
the
Statutes
[
](A46988-e153990-b)(y)
(y)
The
Oath
of
〈◊〉
Barons
of
the
〈◊〉
chequer
.
20
Ed.
3.
cap.
2.
whereof
the
principal
parts
are
,
That
he
shall
truly
charge
and
discharge
all
manner
of
People
,
as
well
Poor
as
Rich
,
that
for
Highness
,
nor
for
Riches
,
nor
for
Hatred
nor
Estate
of
no
manner
of
person
or
persons
,
nor
for
any
Deed
,
Gift
,
nor
Promise
of
any
person
,
the
which
is
made
to
him
,
nor
by
Craft
,
nor
by
Ingen
,
he
shall
let
the
Kings
Right
,
nor
none
other
Persons
right
he
shall
disturb
,
let
or
respite
,
contrary
to
the
Laws
of
the
Land
,
nor
the
Kings
Debts
he
shall
put
in
respite
,
where
that
they
may
goodly
be
levied
;
that
the
Kings
need
he
shall
speed
above
all
others
;
that
neither
for
gift
,
wages
,
nor
good
deed
,
he
shall
layne
,
disturb
nor
let
the
profit
,
or
reasonable
advantage
of
the
King
,
in
the
advantage
of
any
other
person
,
or
of
himself
;
that
he
shall
take
of
no
person
,
for
to
do
wrong
or
right
,
to
delay
or
to
deliver
,
or
to
delay
the
People
that
have
to
do
before
him
,
&c.
where
he
may
know
any
wrong
or
prejudice
to
be
done
to
the
King
,
he
shall
put
,
and
do
all
his
power
,
and
diligence
that
to
redress
;
and
if
he
may
not
do
it
,
that
he
tell
it
to
the
King
,
or
to
them
of
the
Council
,
that
may
make
relation
to
the
King
,
if
he
may
not
come
to
him
.
Sir
Edward
Coke
[
](A46988-e154050-b)(z)
(z)
4.
Instit.
p.
103.
&
110
,
111.
hath
commented
on
the
Mirror
,
to
explain
all
the
Power
and
particular
business
of
the
Court
,
and
further
observeth
that
the
Patent
of
the
King
to
the
Chief
Baron
,
the
rest
of
the
Barons
,
Atturney
General
,
and
Sollicitor
,
are
not
so
long
as
the
King
pleaseth
,
but
quam
diu
se
bene
gesserint
,
which
is
interpreted
a
place
for
life
;
and
there
is
good
reason
,
being
too
many
changes
would
give
too
many
an
insight
into
the
Kings
Revenue
.
There
is
a
Manuscript
[
](A46988-e154100-b)(a)
(a)
Codex
niger
,
c.
1.
—
Nulli
licet
statutum
Scaccarii
infringere
vele
is
quavis
temeritate
resistere
—
Habet
enim
hoc
commune
cum
ipsa
Dom.
Regis
Curia
,
in
qua
ipse
in
propria
persona
Jura
decernit
,
quod
nec
Recordationi
nec
Sententia
in
eo
latae
liceat
alicui
contradicere
.
of
Gervasius
Tilburiensis
,
writ
in
the
time
of
Henry
the
second
,
which
gives
an
account
,
how
it
came
to
be
called
the
Exchequer
,
from
a
checked
Covering
of
the
Table
,
at
which
the
Officers
of
the
Court
sate
;
and
saith
,
That
it
is
lawful
for
none
to
infringe
the
Statutes
of
the
Exchequer
,
or
by
any
rashness
to
resist
them
;
it
having
that
common
with
the
Court
of
the
Lord
the
King
,
in
which
he
in
his
proper
person
gives
Judgment
,
that
it
is
not
lawful
for
any
to
contradict
,
either
the
Record
or
Sentence
.
By
which
it
appears
that
this
Court
was
distinct
from
the
Kings
Bench
,
where
the
King
sate
in
person
,
and
that
by
the
Institution
of
William
the
Conqueror
,
not
only
the
great
Barons
of
this
Realm
as
well
Ecclesiastical
as
Secular
,
but
also
the
Justice
of
England
,
as
President
thereof
,
by
his
Office
,
were
Members
of
this
Court
,
and
so
continued
to
do
long
after
,
as
the
Judicious
[
](A46988-e154160-b)(b)
(b)
Origines
Juris●ic
.
fol.
50.
Sir
William
Dugdale
hath
by
Precedent
shown
:
Mr.
Prynne
hath
given
us
two
Records
(
out
of
the
Exchequer
[
](A46988-e154200-b)(c)
(c)
Commun
.
Term.
Mich.
35
H.
3.
Rot.
2.
34
H.
3.
and
Rishanger
40
H.
3.
)
that
that
King
in
his
proper
person
sate
,
and
gave
judgments
in
the
Court
of
Exchequer
,
and
gave
not
only
Rules
to
be
observed
about
the
Revenue
,
Sheriffs
and
Bailiffs
,
but
also
concerning
punishing
Blasphemy
,
defending
Pupils
,
Orphans
and
Widows
,
and
how
the
Magnates
deported
themselves
to
their
Tenents
:
and
if
[
](A46988-e154280-b)(d)
(d)
Inquirant
qualiter
Magnates
se
gerunt
erga
homines
suo●
,
si
forte
non
possunt
plenarie
corrigere
,
tunc
ostendant
easdem
transgressiones
Dom.
Regi
.
they
found
them
transgressing
,
that
they
correct
them
as
they
can
;
and
if
they
cannot
fully
correct
them
,
they
show
the
same
transgressions
to
the
King
.
He
hath
also
given
an
account
how
,
54
H.
3.
[
](A46988-e154310-b)(e)
(e)
Pat.
54
H.
3.
m.
22.
dorso
.
&
Incep
.
55.
Rot.
3.
dorso
.
the
accounts
of
the
Sheriffs
into
the
Exchequer
were
to
be
digested
,
and
in
Michaelmass-Term
,
the
same
Year
,
how
the
Barons
of
the
Exchequer
were
to
administer
the
new
Oath
to
the
Mayor
Elect
of
the
City
of
London
:
likewise
in
the
same
[
](A46988-e154390-b)(f)
(f)
Animadv
.
fol.
55
,
56.
Author
there
is
a
large
refutation
of
Sir
Edward
Coke's
Opinion
,
that
the
Statute
of
Rutland
,
as
he
calls
it
,
was
a
Statute
made
by
the
King
,
Lords
,
and
Commons
;
where
it
is
proved
against
Sir
Edward
,
that
it
was
made
for
the
ordering
of
the
Exchequer
at
Rothelan
in
Wales
,
by
the
King
and
his
Council
,
and
not
at
Rutland
:
but
I
shall
not
enter
into
such
Particulars
.
There
are
several
other
Courts
,
which
have
peculiar
Jurisdictions
by
the
King's
Grants
,
and
Prescription
,
as
the
Court
of
Requests
,
abolished
17
Car.
1.
The
Court
of
Chivalry
,
Court
of
Marshalsea
,
of
the
Admiralty
,
and
that
for
redress
of
delays
of
Justice
,
which
Sir
Edward
Coke
and
others
have
treated
of
at
large
,
and
fall
not
so
necessarily
for
me
to
discourse
of
:
So
I
shall
proceed
to
the
Itinerant
Justices
,
and
of
Assizes
,
and
Gaol-delivery
.
SECT.
7.
Of
Itinerant
Justices
,
and
Justices
of
Assize
,
and
Nisi
Prius
.
SOme
Shadow
of
this
we
find
in
the
time
of
the
Conqueror
,
when
Geofrey
,
Itinerant
Justices
.
Earl
of
Constance
,
and
some
other
Barones
Regis
,
did
sit
at
[
](A46988-e154590-b)(g)
(g)
Regist.
Ecclesiae
Eliensis
,
fol.
24
b.
Kenteford
,
to
hear
and
determine
the
Claim
touching
the
Rights
and
Liberties
of
the
Church
of
Ely
,
at
that
time
disputed
before
them
.
But
the
settlement
of
the
Constitution
of
them
,
was
not
till
22
H.
2.
Anno
1176.
as
Roger
Hoveden
[
](A46988-e154670-b)(h)
(h)
Annal.
pars
post
.
p.
148
,
149
,
150.
hath
related
,
when
the
King
held
his
Great
Council
at
Nottingham
,
&
communi
omnium
Consilio
divisit
Regnum
suum
in
6
partes
,
per
quarum
singulas
,
Justiciarios
Itinerantes
constituit
:
and
the
Twenty
fifth
of
his
Reign
,
at
his
great
Council
at
Windsor
,
[
](A46988-e154720-b)(i)
(i)
Idem
,
p.
590
,
591.
Et
unicuique
partium
praefecit
viros
sapientes
ad
faciendam
Justitiam
&
ad
audiendum
clamorem
populi
.
he
divided
England
into
four
Parts
,
and
over
every
Part
he
appointed
Wisemen
to
do
Justice
,
and
hear
the
Complaints
of
the
People
.
The
Form
of
the
special
Writ
from
the
King
to
impower
them
to
act
,
and
of
the
Writ
directed
to
the
Sheriffs
,
to
summon
all
such
Persons
as
were
concerned
in
this
Service
,
to
appear
before
the
Justices
,
may
be
seen
in
Sir
William
Dugdale's
Origines
Juridiciales
,
fol.
52.
a.b.
In
which
latter
Writ
[
](A46988-e154790-b)(k)
(k)
Cl.
3
H.
3.
m.
13.
dorso
.
the
Persons
summoned
to
appear
,
were
Archbishops
,
Bishops
,
Abbats
,
Earls
,
Barons
,
Knights
,
&
libere
tenentes
,
and
in
every
Village
four
Legales
Homines
,
&
Praepositum
,
&
de
quolibet
Burgo
,
12
Legales
.
Burgenses
.
Sir
Ed.
Coke
[
](A46988-e154880-b)(l)
(l)
4.
Instit.
p.
184.
calls
these
Justices
in
Eyre
,
and
saith
,
they
had
Jurisdiction
in
all
Pleas
of
the
Crown
,
and
of
all
Actions
real
,
personal
,
and
mixt
,
and
they
rode
from
seven
Years
,
to
seven
Years
.
These
Justices
in
Eyre
continued
no
longer
than
till
Edward
the
Third's
time
;
for
then
as
Mr.
[
](A46988-e154940-b)(m)
(m)
Notes
on
Hengham
,
p.
143.
Justices
of
Assize
.
Selden
notes
,
Justices
of
Assizes
came
in
their
Places
,
though
it
is
manifest
that
Justices
of
Assize
were
sooner
begun
.
For
[
](A46988-e154980-b)(n)
(n)
Lib.
3.
c.
10.
Bracton
mentions
these
Justices
of
Assizes
in
his
time
in
these
words
,
Sunt
etiam
Justitiarii
constituti
ad
quasdam
Assisas
,
duo
,
vel
tres
,
vel
plures
,
qui
quidem
perpetui
non
sunt
,
quia
expleto
negotio
Jurisdictionem
amittunt
.
The
form
of
the
Writ
in
[
](A46988-e155030-b)(o)
(o)
Cl.
9
H.
3.
m.
11.
dorso
.
9
H.
3.
is
set
down
by
Sir
William
Dugdale
,
in
which
the
King
constitutes
his
Justitiarii
to
take
the
Assizes
of
new
disseising
,
and
Delivery
of
the
Gaol
;
and
the
Command
to
the
Sheriff
,
is
to
cause
[
](A46988-e155100-b)(p)
(p)
De
qualibet
Villa
quatuor
legales
homines
,
&
Praepositum
,
&
de
quolibet
Burgo
,
vel
Villa
mercanda
duodecim
leg●les
homines
,
&
omnes
Milites
&
libere
Tenentes
,
&c.
four
legal
Men
,
and
the
Provost
out
of
every
Village
,
and
twelve
lawful
Men
out
of
every
Market-Town
,
and
Borough
,
and
all
the
Knights
,
and
Free-Tenents
,
that
is
,
all
that
held
in
Capite
,
to
do
what
the
Justices
should
on
the
King's
part
appoint
.
In
21
E.
1.
[
](A46988-e155140-b)(q)
(q)
Placit
.
Parliam.
21
E.
1.
num.
12.
another
settlement
was
made
;
that
either
discreet
Justices
should
be
assigned
to
take
Assizes
,
Jurats
,
and
Certificates
,
throughout
the
whole
Realm
,
viz.
for
the
Counties
of
York
,
Northumberland
,
Westmoreland
,
Cumberland
,
Lancaster
,
Nottingham
,
and
Derby
,
two
.
In
the
Counties
of
Lincoln
,
Leicester
,
Warwick
,
Stafford
,
Salop
,
Northampton
,
Rutland
,
Gloucester
,
Hereford
,
and
Worcester
,
other
two
.
In
the
Counties
of
Cornwall
,
Devon
,
Somerset
,
Dorset
,
Wiltshire
,
Southamptom
,
Oxford
,
Berks
,
Sussex
,
and
Surrey
two
.
For
the
Counties
of
Kent
,
Essex
,
Hertford
,
Norfolk
,
Suffolk
,
Cambridge
,
Huntingdon
,
Bedford
,
and
Bucks
two
:
and
that
the
Assizes
,
&c.
of
Middlesex
should
be
taken
before
the
Justices
of
the
Bench.
[
](A46988-e155300-b)(r)
(r)
M●ltis
vigiliis
excegitata
&
inventa
fuit
recuperand●e
possessionis
gratia
,
ut
per
summariam
cognitionem
absque
magna
Juris
solennitate
,
quasi
per
compendium
negotium
terminetur
.
Lib.
4.
sol
164
b.
Bracton
speaking
of
the
Writ
called
Assiza
novae
disseisinae
saith
,
it
was
found
out
and
contrived
by
much
Vigilance
,
for
the
recovering
of
Possessions
,
by
a
summary
or
speedy
Conusance
,
without
great
Solemnity
of
the
Law
,
that
the
business
might
be
compendiously
determined
.
For
before
at
Common-Law
,
Assizes
were
not
taken
,
but
either
in
the
Bank
,
or
before
Justices
in
Eyre
,
which
was
a
great
delay
to
the
Plaintiff
,
and
a
great
molestation
,
and
vexation
of
the
Recognitors
of
the
Assize
;
therefore
in
Magna
Charta
,
the
Assizes
are
appointed
to
be
taken
in
the
respective
Counties
,
and
the
Patents
to
Justices
of
Assize
run
thus
,
[
](A46988-e155360-b)(s)
(s)
See
the
Patent
Clause
and
Fine-Rolls
from
King
John
to
Edw.
4.
Sciatis
quod
constituimus
vos
Justiciarios
nostros
,
una
cum
hiis
quos
vobis
associaverimus
,
ad
omnes
Assisas
,
&c.
in
Com.
&c.
arainandas
capiendas
,
&c.
facturi
inde
quod
ad
Justitiam
pertinet
,
secundum
legem
&
Consuetudinem
Regni
vostri
Angliae
.
Salvis
nobis
amerciamentis
inde
provenientibus
.
The
Justices
of
Nisi
Prius
[
](A46988-e155470-b)(t)
(t)
Ad
exonerationem
Juratorum
,
&
ad
ce●
lerem
justitiam
in
ea
parte
exhibendum
.
Stat.
de
Finibus
,
27
E.
1.
c.
4.
were
first
instituted
by
the
Statute
of
Westm.
Justices
of
Nisi
Prius
.
2.
and
their
Authority
is
annexed
to
the
Justices
of
Assize
.
These
Justices
were
instituted
for
two
principal
Causes
,
for
the
ease
of
Jurors
,
and
for
the
speedy
exhibiting
of
Justice
.
SECT.
8.
Justices
of
Oyer
and
Terminer
.
AS
to
the
Justices
of
Oyer
and
Terminer
,
they
are
appointed
either
by
[
](A46988-e155580-b)(u)
(u)
Coke
4.
Inst.
fol.
162.
general
or
special
Commission
.
By
general
Commission
they
are
to
enquire
of
Treasons
,
Misprisions
of
Treason
,
Insurrections
,
Rebellions
,
Murders
,
Felonies
,
Manslaughter
,
[
](A46988-e155610-b)(w)
(w)
Interfectionibus
.
Killing
,
Burglaries
,
Rapes
of
Women
,
unlawful
Assemblies
,
Conventicles
,
[
](A46988-e155620-b)(x)
(x)
Verborum
prolationibus
.
false
News
,
Combinations
,
Misprision
,
Confederacies
,
false
Allegations
,
Riots
,
Routs
,
Retainings
,
Escapes
,
Contempts
,
Falsities
,
Negligences
,
Concealments
,
Maintenances
,
Oppressions
,
Combinations
[
](A46988-e155630-b)(y)
(y)
Cambipartiis
.
of
Parties
,
Deceits
,
and
other
ill
Deeds
,
Offences
and
Injuries
whatever
,
and
to
do
thereupon
what
appertains
to
Justice
,
according
to
the
Law
and
Custom
of
the
Kingdom
.
Special
Commissions
were
not
granted
,
unless
for
enormous
[
](A46988-e155650-b)(z)
(z)
Nisi
pro
●nermi
transgressione
,
ubi
necesse
apponere
festinum
remedium
.
Cl.
14
E.
3.
part
1.
m.
41.
dorso
.
Hil.
2
H.
4.
Rot.
4.
Mich.
1
H.
8.
Transgressions
,
where
there
was
a
necessity
of
speedy
Remedy
:
In
some
cases
we
find
the
Justices
of
Oyer
and
Terminer
have
upon
an
Indictment
found
,
proceeded
the
same
day
against
the
Party
indicted
.
So
Thomas
(
)
Marks
,
Bishop
of
Carlisle
,
before
Commissioners
of
Oyer
and
Terminer
,
was
Indicted
,
tryed
,
and
adjudged
all
in
one
day
for
High-Treason
.
Likewise
Sir
Richard
Empson
was
indicted
of
High-Treason
,
and
tried
all
in
one
day
.
So
Robert
Bell
,
10
Dec.
3
E.
6.
and
10
Eliz.
4
Aug.
John
Felton
was
before
Commissioners
of
Oyer
and
Terminer
in
London
,
indicted
of
High-Treason
,
and
tried
the
same
day
,
by
the
advice
of
all
the
Judges
of
England
.
SECT.
9.
Of
the
Kings
Erection
of
Courts
.
IN
some
Cases
the
King
may
erect
new
Courts
of
Justice
,
What
new
Courts
the
King
may
erect
.
and
grant
Conusance
of
Pleas
to
a
Corporation
,
to
be
kept
after
the
Rules
of
the
Law
,
not
in
a
way
of
a
Court
of
Equity
but
may
not
alter
the
great
Courts
at
Westminster
,
that
have
been
time
out
of
mind
,
nor
erect
a
new
Court
of
Chancery
,
Kings-Bench
,
Common
Pleas
,
Exchequer
,
&c.
Although
in
a
proper
Court
,
such
as
our
Chancery
,
a
Judge
of
Equity
be
allowed
,
yet
if
it
were
permitted
in
all
other
Courts
,
to
expound
the
Law
against
the
letter
,
and
perhaps
the
meaning
of
the
Makers
,
according
to
Conscience
,
as
we
speak
,
there
would
soon
be
introduced
absoluteness
and
Arbitrary
Power
.
Therefore
great
Care
is
taken
by
those
that
understand
the
Law
,
that
matters
be
not
left
to
the
discretion
of
any
Persons
Commissionated
by
the
King
to
adjudge
of
any
Causes
.
So
the
plausible
Statute
[
](A46988-e156010-b)(b)
(b)
11
H.
7.
c.
3.
of
H.
7.
to
put
in
Execution
the
Penal
Laws
,
impowering
Justices
of
Assize
and
of
Peace
,
upon
Information
for
the
King
,
by
their
Discretion
to
hear
and
determine
all
Offences
,
and
Contempts
against
any
Statute
unrepealed
,
was
found
to
have
Authorised
Empson
and
Dudly
to
commit
upon
the
Subject
unsufferable
pressures
and
oppressions
.
So
that
[
](A46988-e156070-b)(c)
(c)
1
H.
8.
c.
6.
soon
after
that
Kings
death
it
was
repealed
,
and
those
two
brought
to
Tryal
,
and
executed
for
their
oppressions
.
So
the
Statute
[
](A46988-e156100-b)(d)
(d)
C.
2.
8
E.
4.
of
Liveries
,
&c.
by
the
discretion
of
the
Judges
to
stand
as
an
Original
is
deservedly
repealed
.
In
the
Commission
of
Sewers
by
Law
[
](A46988-e156140-b)(e)
(e)
Discretio
est
discernere
per
Legem
quid
sit
justum
.
Coke
Inst.
4.
fol.
41.
3
H.
8.
allowing
the
Commissioners
to
make
Orders
,
&c.
according
to
their
Judgments
,
and
Discretions
;
the
word
Discretion
is
interpreted
by
Lawyers
,
to
discern
by
Law
what
is
Just
;
as
appears
when
a
Jury
do
doubt
of
the
Law
,
and
desire
to
do
what
is
Just
,
they
find
the
special
matter
,
and
the
entry
is
,
Et
super
tota
materia
petunt
advisamentum
&
discretionem
Justiciariorum
;
that
is
,
they
desire
that
the
Judges
would
discern
by
Law
what
is
Just
,
and
give
Judgment
accordingly
.
It
was
resolved
in
the
Court
of
Common-Pleas
(
when
a
new
Court
was
[
](A46988-e156220-b)(f)
(f)
Whyte's
Sacred
Laws
,
p.
33.
erected
,
31
H.
8.
to
hear
and
determine
according
to
Law
and
Custom
,
or
otherwise
to
their
sound
discretion
)
That
the
last
Clause
was
against
Law
.
For
when
Laws
are
writ
and
published
,
Magistrates
know
what
to
command
,
and
the
People
to
obey
;
otherwise
the
Law
must
necessarily
be
errant
,
wandring
,
uncertain
,
and
unknown
;
which
is
a
[
](A46988-e156260-b)(g)
(g)
Miser
servitus
ubi
jus
vagum
.
miserable
,
yea
,
the
most
miserable
Slavery
.
This
was
the
ground
of
the
taking
away
the
most
August
and
very
Ancient
Court
of
the
Star-Chamber
;
The
Court
of
Star-chamber
dissolved
.
though
appointed
by
Act
of
Parliament
,
[
](A46988-e156290-b)(h)
(h)
3
H.
7.
c.
1.
21
H.
8.
and
consisting
of
very
great
Personages
,
as
the
Lord
Chancellor
,
Lord
President
of
the
Council
,
Lord
Privy-Seal
,
Bishops
,
Lords
,
and
Justices
.
For
(
tho'
there
were
other
Reasons
that
moved
the
Houses
to
be
so
pressing
to
get
that
Act
pass
)
the
grounds
of
its
Repeal
alledged
in
the
[
](A46988-e156330-b)(i)
(i)
17
Car.
1.
c.
10.
Preamble
of
the
Act
,
are
,
That
the
Judges
have
not
kept
themselves
to
the
points
limited
by
the
Statutes
,
and
have
undertaken
to
punish
where
no
Law
doth
warrant
,
and
to
make
Decrees
for
things
having
no
such
Authority
,
and
have
inflicted
heavier
punishments
than
by
Law
warranted
;
and
that
all
matters
Examinable
and
Determinable
before
them
,
had
their
proper
Remedy
,
Redress
,
and
Punishment
by
Common
Law
,
and
in
the
ordinary
Courts
of
Justice
elsewhere
.
In
the
like
manner
,
and
on
the
same
reason
were
the
Court
of
Request
[
](A46988-e156360-b)(k)
(k)
Ibid.
cap.
9.
,
before
the
[
](A46988-e156380-b)(l)
(l)
Cap.
48.
President
of
the
Marches
of
Wales
,
of
the
President
and
Council
in
[
](A46988-e156410-b)(m)
(m)
Cap.
49.
the
North
,
and
of
the
County-Palatine
[
](A46988-e156430-b)(o)
(o)
Cap.
37.
of
Chester
,
either
totally
abolished
or
much
eclipsed
.
Having
thus
far
discoursed
of
the
several
standing
Courts
,
I
think
it
necessary
to
give
an
account
of
the
Oath
the
Judges
of
either
Bench
are
enjoyned
to
take
;
having
before
spoke
of
the
Lord
Chancellor
,
Lord
Treasurer
,
and
Barons
of
the
Exchequers
Oath
.
SECT.
10.
Of
the
Judges
Oath
.
COncerning
this
Oath
,
there
is
a
Controversie
betwixt
Mr.
[
](A46988-e156510-b)(p)
(p)
Animadv
.
on
Coke's
4.
Inst.
fol.
38.
Prynne
and
Sir
Edward
Coke
,
the
latter
affirming
it
to
be
in
our
Printed
Statutes
,
but
not
upon
Record
;
which
Mr.
Prynne
disproves
thus
,
That
the
Oath
of
the
Judges
,
Barons
of
the
Exchequer
,
and
Justices
Itinerant
,
and
the
Ordinances
annexed
to
the
Oath
were
made
by
the
King
(
because
of
divers
complaints
to
him
)
by
the
assent
of
the
great
men
,
and
other
wise
men
of
his
Council
,
and
commanded
to
be
openly
published
by
the
Sheriffs
of
every
County
,
by
[
](A46988-e156570-b)(q)
(q)
7
May
,
20
E.
3.
special
Writs
issued
to
them
,
for
the
Reasons
specified
in
the
beginning
and
close
of
the
Writs
,
at
least
three
Months
before
the
Parliament
was
held
that
Year
;
and
they
are
all
entred
upon
Record
(
as
they
are
Printed
in
the
Statute
Books
at
large
)
[
](A46988-e156600-b)(r)
(r)
Cl.
20
E.
3.
part
1.
m.
12
,
13.
20
E.
3.
in
the
Clause-Rolls
,
but
not
in
the
Parliament
or
Statute-Rolls
of
that
Year
,
because
not
made
in
,
but
before
the
Parliament
.
From
whence
I
note
a
good
Argument
of
the
Kings
Prerogative
in
appointing
Judges
,
and
Commissionating
them
himself
,
without
any
Parliamentary
concurrence
,
since
he
appoints
the
very
Oath
which
was
to
direct
them
in
their
Office
out
of
Parliament
.
We
find
the
Commons
so
well
pleased
with
this
Oath
,
that
in
the
[
](A46988-e156670-b)(s)
(s)
Rot.
Parl.
20
E.
3.
num.
25.
Parliament
20
E.
3.
they
petitioned
the
King
,
that
the
Justices
of
Assise
and
Enquiry
might
be
sworn
by
the
same
Oath
as
the
Justice
of
the
Bench
,
Abridgment
of
Records
,
p.
48.
and
that
the
chief
of
them
might
have
power
to
swear
the
rest
:
which
the
King
assented
to
with
some
Qualifications
:
but
when
in
the
Twenty
first
of
his
Reign
,
they
petitioned
that
his
other
Ministers
might
take
the
Oath
,
and
might
be
sworn
to
take
nothing
from
any
other
;
the
King
answered
,
that
he
would
advise
what
other
Ministers
shall
be
fit
to
take
the
Oath
.
Mr.
Prynne
refers
us
to
the
Cl.
18
H.
3.
m.
19.
Cl.
35
E.
1.
m.
7.
Cl.
1
E.
2.
m.
19.
and
Cl.
5
E.
3.
m.
27.
for
some
Clauses
of
the
Oaths
of
Justices
,
agreeing
with
those
prescribed
to
the
Kings
Council
.
But
the
Oath
as
it
hath
been
after
used
,
is
to
this
purpose
:
That
they
shall
swear
well
and
lawfully
to
serve
our
Lord
the
King
,
and
his
People
in
the
Office
of
Justice
,
and
lawfully
counsel
the
King
in
his
Business
;
not
counsel
or
assent
to
any
thing
,
which
may
turn
him
in
damage
,
or
disherison
,
by
any
manner
,
way
,
or
colour
,
and
shall
not
know
of
any
such
thing
,
but
cause
the
King
to
be
warned
thereof
by
themselves
,
or
others
;
shall
do
equal
Justice
,
and
Execution
of
Right
to
all
the
Subjects
,
and
take
neither
by
themselves
nor
others
,
privily
,
or
apertly
,
Gift
or
Reward
,
of
Gold
or
Silver
,
nor
of
any
thing
which
may
turn
to
their
profit
,
unless
it
be
Meat
or
Drink
,
and
that
of
a
small
value
,
of
any
man
that
shall
have
any
Plea
,
or
Process
hanging
before
them
,
&c.
shall
take
no
Fee
as
long
as
they
are
Justices
,
nor
Robes
of
any
man
great
or
small
,
but
of
the
King
;
give
no
Advice
to
any
man
,
great
or
small
,
where
the
King
is
Party
.
If
any
,
of
what
condition
soever
come
before
them
in
their
Sessions
,
with
force
and
Arms
,
or
otherwise
against
the
Peace
,
or
against
the
Statute
thereof
made
,
to
disturb
the
execution
of
the
Common
Law
,
or
to
menace
the
People
,
that
they
may
not
pursue
the
Law
:
That
they
cause
their
Bodies
to
be
Arrested
,
and
put
in
Prison
;
and
if
they
cannot
be
Arrested
,
that
the
King
be
certified
:
That
they
themselves
,
nor
others
maintain
no
Plea
,
or
Quarrel
hanging
in
the
Kings
Court
,
or
elsewhere
in
the
Country
:
That
they
deny
to
no
man
Common
Right
by
the
Kings
Letter
,
nor
none
other
mans
,
nor
for
none
other
Cause
;
and
in
case
any
other
Letters
come
to
them
contrary
to
the
Law
,
they
do
nothing
by
such
Letters
,
but
certifie
the
King
thereof
,
and
proceed
to
execute
the
Law
,
notwithstanding
any
such
Letters
:
That
they
shall
procure
the
profit
of
the
King
,
and
of
his
Crown
,
and
if
in
default
,
shall
be
at
the
Kings
Will
,
of
Body
,
Lands
,
and
Goods
,
thereof
to
be
done
as
shall
please
him
.
There
is
in
this
Oath
as
great
Security
taken
,
Observations
on
this
Oath
.
as
morally
can
be
,
that
the
Judges
perform
their
Office
uprightly
,
and
judge
according
to
the
Law
;
and
if
this
will
not
make
them
wary
how
they
give
Judgment
contrary
to
Law
,
there
are
other
Constraints
upon
them
:
As
,
first
,
That
the
King
may
displace
them
when
he
pleases
,
they
holding
their
Places
only
durante
beneplacito
.
Secondly
,
The
House
of
Commons
may
question
them
for
any
false
Judgment
and
Miscarriage
in
their
Office
;
which
must
be
a
great
Check
and
deterring
of
them
from
giving
any
unjust
Judgment
,
either
for
Lucre-sake
by
Bribes
,
or
Partiality
of
Affection
.
There
are
,
besides
others
,
two
illustrious
Examples
of
punishment
of
Corrupt
Judges
,
the
one
of
Sir
William
Thorp
,
[
](A46988-e156960-b)(t)
(t)
Rot.
Parl.
25
E.
3.
Rot.
10.
condemned
for
breach
of
his
Oath
in
taking
Bribes
.
Judges
punished
for
breaking
their
Oath
.
He
was
Indicted
before
the
Earls
of
Arundel
,
Warwick
,
and
Huntingdon
,
the
Lord
Gray
,
and
Lord
Burghers
,
24
E.
3.
and
the
Record
saith
,
Ideo
consideratum
per
dictos
Justiciarios
assignatos
,
ad
judicandum
secundum
voluntatem
Regis
,
&
secundum
Regale
posse
suum
;
because
he
broke
the
Oath
which
he
took
to
the
King
,
and
so
was
adjudged
to
be
hanged
.
The
[
](A46988-e157070-b)(u)
(u)
Exact
Abridgment
,
p.
74.
Record
of
this
Judgment
was
brought
into
the
Parliament
25
E.
3.
(
the
King
having
by
a
Writ
under
the
Privy-Seal
stayed
his
Execution
)
and
it
was
read
ope●
before
the
Lords
and
all
the
Lords
affirmed
the
Judgment
to
be
good
,
provided
this
Judgment
should
not
be
drawn
into
example
against
any
other
Officers
who
should
break
their
Oaths
,
but
[
](A46988-e157100-b)(z)
(z)
Qui
praedictum
Sacramentum
fecerunt
&
fregerunt
,
&
habent
Leges
Regales
Augliae
ad
custodiendas
.
only
those
that
took
the
said
Oath
of
Justices
and
broke
it
;
such
to
whom
the
Royal
Laws
of
England
are
committed
.
The
other
is
the
Famous
Sir
Francis
Bacon
Lord
St.
Albans
,
who
being
Lord
Chancellor
was
found
guilty
of
taking
Bribes
by
his
Servants
;
whom
though
many
(
for
his
great
Learning
)
would
acquit
,
as
leaving
too
much
to
his
Servants
,
yet
he
fell
an
illustrious
example
of
Justice
against
the
highest
Judges
:
and
in
the
forecited
Record
against
Sir
William
Thorp
,
it
is
apparent
that
the
Lords
(
who
in
those
days
were
the
sole
Judges
in
Parliament
)
thought
no
persons
breach
of
Oath
was
capitally
to
be
punished
but
only
the
Justices
.
Before
I
come
to
speak
to
some
of
the
long
Parliaments
writing
Champions
misapplication
of
the
Kings
Power
in
his
Courts
,
I
think
it
expedient
to
give
some
Characters
I
have
met
withall
of
the
qualifications
of
Judges
.
In
a
Speech
made
to
Justice
[
](A46988-e157180-b)(a)
(a)
MS.
Speech
,
penes
Rad.
Thoresby
de
Leedes
,
Gen.
Manwood
,
when
he
was
chosen
Lord
Chief
Baron
,
the
Chancellor
tells
him
,
There
are
four
things
requisite
in
a
Judge
:
First
,
His
knowledge
of
the
Law
,
which
is
presumed
every
one
hath
that
the
King
appoints
to
be
his
Justiciary
.
Secondly
,
Discretion
,
that
though
in
his
Judgment
he
may
vary
from
the
letter
of
the
Law
,
yet
he
may
never
judge
contrary
to
the
intention
of
it
,
which
is
Animus
Legis
.
Thirdly
,
Integrity
,
for
it
were
better
to
have
a
Judge
of
convenient
learning
and
discretion
,
that
would
command
and
rule
his
Affection
and
Judgment
,
than
one
of
excellent
knowledge
and
discretion
,
that
will
submit
the
same
to
his
corrupt
Affections
.
Fourthly
,
Care
and
diligence
.
For
if
a
judge
be
furnished
with
all
the
preceeding
qualifications
;
yet
if
he
be
slothful
,
and
do
not
expedite
his
Judgment
,
all
the
former
serve
to
little
purpose
,
for
qui
di●
distulit
,
di●
noluit
.
My
Lord
St.
Albans
[
](A46988-e157250-b)(b)
(b)
Essays
.
(
though
he
fell
,
as
before
I
have
noted
,
under
great
censure
)
yet
in
his
Essays
tells
us
that
a
Judge's
Office
is
Jus
dicere
,
non
Jus
dare
,
that
they
ought
to
be
more
wise
than
witty
,
more
reverend
than
plausible
,
more
advised
than
confident
;
and
above
all
things
that
Integrity
was
their
Portion
and
proper
Vertue
;
The
unjust
Judge
being
a
Capital
remover
of
Land-marks
:
Injustice
making
Judgment
bitter
,
and
delay
sowre
.
Another
famous
[
](A46988-e157280-b)(c)
(c)
E.
of
Clarendon's
Survey
,
p.
125.
Chancellor
(
whose
unexpected
exile
,
after
he
was
raised
to
the
happiest
Estate
of
a
Subject
,
may
teach
all
to
judge
no
State
of
Felicity
assured
upon
Earth
)
tells
us
that
Judges
are
presumed
by
Education
to
be
fitted
for
the
understanding
of
the
Laws
,
and
by
their
Oaths
bound
to
judge
according
to
Right
,
and
so
must
be
the
most
competent
to
explain
the
difficulties
of
the
Law
;
which
no
Soveraign
,
as
Soveraign
,
can
be
presumed
to
understand
and
comprehend
;
and
that
the
judgments
and
decisions
,
those
Judges
make
,
are
the
Judgment
of
the
Soveraign
,
who
hath
not
qualified
them
,
but
Authoritatively
appointed
them
to
judge
in
his
stead
,
and
are
to
pronounce
their
Sentence
according
to
the
reason
of
the
Law
,
not
the
reason
,
or
will
rather
he
means
,
of
the
Soveraign
.
But
now
I
proceed
to
other
matters
.
The
Long
Parliament
impeached
all
the
Judges
that
had
voted
the
legality
of
Ship-mony
,
The
Long
Parliaments
Impeachment
of
Judges
.
as
also
brought
to
their
Bar
the
Lord
Chancellor
,
that
thereby
they
might
strike
a
greater
terror
on
the
Kings
Loyal
Subjects
,
especially
in
the
House
,
to
make
them
comply
with
them
:
and
though
they
would
have
had
the
Power
of
nominating
and
removing
the
Judges
,
and
have
rent
that
branch
of
his
Royal
Prerogative
from
him
;
yet
they
not
trusting
,
if
they
effected
this
,
that
it
would
do
them
any
service
(
when
they
had
put
in
such
Judges
as
they
liked
)
if
the
King
might
still
Commissionate
them
according
to
old
form
pro
beneplacito
:
Therefore
they
pressed
hard
,
They
would
alter
pro
beneplacito
.
that
every
Judge
should
continue
quamdiu
se
bene
gesserit
;
which
I
only
note
,
to
show
they
were
desirous
to
new
model
the
whole
Government
.
As
the
long
Parliament
of
1641.
by
their
dissolving
of
Church-Government
,
gave
birth
to
varieties
of
Opinions
,
The
Long
Parliament
endeavours
to
weaken
the
King's
Prerogative
.
Schisms
,
and
Heresies
in
Religion
;
so
by
their
design
of
unloosening
mens
Obligation
to
the
Monarchy
,
they
were
forced
to
make
use
of
many
false
Inferences
and
Judgments
,
of
the
known
Laws
:
Amongst
which
one
was
,
when
they
were
beaten
off
from
the
several
pretences
of
having
some
Paramount
Power
over
the
King
,
whereby
he
stood
obliged
to
resign
his
reason
to
their
Votes
;
they
alledged
that
since
the
King
could
not
reverse
a
Judgment
given
in
an
inferior
Court
,
a
fortiori
,
he
could
not
frustrate
their
Votes
,
being
the
Supreme
Court
as
well
as
Council
.
In
Answer
to
which
it
is
to
be
considered
,
How
Judges
in
their
Judgments
sustain
the
Person
of
the
King
.
that
in
other
Courts
the
Judges
sustain
the
Person
of
the
King
,
the
Law
is
deposited
in
the
hands
of
the
King
,
and
all
Justice
is
administred
by
him
,
and
in
his
name
:
so
that
his
consent
is
by
Law
involved
in
what
by
Law
they
do
.
Authoritas
rei
indicatae
vim
legis
habet
.
So
that
can
be
no
Appeal
from
the
King
to
himself
;
the
King
delegates
his
Power
to
them
,
&
quod
Rex
facit
per
Officiarios
,
per
se
facere
videtur
,
they
give
Judgment
for
the
King
not
for
themselves
;
to
that
the
Laws
Authorize
them
and
none
but
them
:
so
that
the
Kings
assent
or
dissent
cannot
frustrate
their
Judgment
,
which
they
render
in
invitos
,
against
the
will
of
one
of
the
Parties
at
least
,
because
expedit
Reipublicae
ut
finis
sit
datus
.
Therefore
as
to
the
Power
of
declaring
Law
,
the
King
is
restrained
ordinarily
to
the
Mediation
of
the
Judges
,
who
are
to
give
the
genuine
sence
,
and
Interpretation
of
the
Law
,
according
to
Art
,
and
rules
of
science
;
and
so
by
their
Interpretation
and
Judgment
therein
,
they
bind
both
King
and
Subject
.
Yet
in
some
[
](A46988-e157470-b)(d)
(d)
Case
of
our
Affairs
,
p.
4.
cases
the
Judge
do
not
only
consult
among
themselves
,
Judges
to
apply
themselves
to
the
King
.
to
determine
a
doubtful
case
,
but
must
have
recourse
to
the
King
as
the
Fountain
of
Justice
:
so
[
](A46988-e157500-b)(e)
(e)
Postnati
.
si
disputatio
oriatur
,
&
Justiciarii
non
possunt
interpretari
,
sed
in
dubiis
&
obscuris
Domini
Regis
expectanda
est
Interpretatio
,
&
voluntas
,
cum
ejus
est
Interpretari
cujus
est
condere
.
It
is
,
saith
Sir
Thomas
Smith
,
[
](A46988-e157540-b)(f)
(f)
Commonwealth
,
part
2.
c.
10.
to
be
taken
for
a
Principle
,
that
the
Life
and
Member
of
an
English
man
is
in
the
Power
only
of
the
Prince
,
and
his
Laws
:
so
that
when
any
of
his
Subjects
is
spoiled
either
of
life
,
or
limb
,
the
Prince
is
endammaged
thereby
,
and
hath
good
cause
to
ask
account
how
his
Subjects
should
come
to
that
mischief
;
and
forasmuch
as
the
Prince
,
who
governeth
the
Scepter
,
and
holdeth
the
Crown
of
England
,
hath
this
in
his
care
and
charge
,
to
see
the
Realm
well
governed
,
the
Life
,
Member
,
and
Possessions
of
his
Subjects
kept
in
peace
,
and
assurance
;
he
that
by
violence
shall
attempt
to
break
that
Peace
,
and
assurance
,
hath
forfeited
against
the
Scepter
and
Crown
of
England
.
So
that
from
hence
it
appears
how
equal
and
just
it
is
that
the
King
should
have
the
appointment
of
Judges
,
Justices
of
Peace
,
Why
the
King
only
to
appoint
Judges
.
&c.
that
neither
his
Peace
should
be
broken
,
his
Subjects
injured
in
their
Persons
,
or
Estates
,
nor
his
Laws
be
violated
.
What
Judges
are
to
observe
.
There
being
sufficient
Provision
in
the
Law
against
the
violating
of
Justice
by
the
Judges
who
are
to
observe
these
following
statutes
.
1.
Magna
Charta
,
That
no
Freeman
shall
be
taken
or
Imprisoned
,
or
disseised
of
his
freehold
,
or
liberty
,
or
Customs
,
or
be
Out-lawed
,
or
exiled
,
or
otherwise
destroyed
:
That
the
King
[
](A46988-e157640-b)(g)
(g)
Cap.
9.
will
not
pass
upon
him
or
condemn
him
but
by
lawful
Judgment
of
his
Peers
,
or
by
the
Law
of
the
Land
:
and
by
another
,
5
E.
3.
That
no
man
shall
be
Attached
by
any
Accusation
,
nor
fore-judged
of
Life
or
Limb
,
nor
his
Lands
,
Tenements
,
Goods
,
nor
Chattles
seized
into
the
Kings
hands
against
the
form
of
the
Great
Charter
,
and
the
Law
of
the
Land
:
and
25
Ed.
3
[
](A46988-e157680-b)(h)
(h)
Cap.
4.
Stat.
5.
That
none
shall
be
taken
by
Petition
,
or
Suggestion
,
made
to
the
King
,
or
to
his
Council
,
unless
by
Indictment
or
Presentment
of
good
and
lawful
People
of
the
same
Neighbourhood
,
where
such
deed
be
done
in
due
manner
,
or
by
Process
made
by
writ
original
at
the
Common
Law
:
and
so
by
[
](A46988-e157710-b)(i)
(i)
24
E.
3.
c.
3.
another
,
That
no
man
,
of
what
State
and
Condition
soever
he
be
,
shall
be
put
out
of
his
Lands
or
Tenements
,
nor
taken
,
nor
Imprisoned
,
nor
disinherited
,
without
being
brought
to
answer
by
due
Process
of
Law
:
and
in
another
,
[
](A46988-e157740-b)(k)
(k)
41
E.
5.
c.
1.
That
no
man
be
put
to
answer
without
Presentment
before
Justices
,
or
matter
of
Record
,
or
by
due
Process
or
Writ
original
,
according
to
the
old
Law
of
the
Land
.
But
I
must
leave
this
to
the
Learned
in
our
Municipal
Laws
,
and
shall
note
some
few
things
from
old
Authors
that
may
discover
how
much
just
Judgment
hath
ever
been
valued
.
The
impartiality
,
and
yet
the
tenderness
and
compassion
in
inflicting
Punishment
,
is
notorious
in
Zeleucus
,
Impartiality
requisite
in
a
Judge
.
who
while
he
governed
the
Locrians
,
made
a
Law
,
That
whoever
committed
Adultery
,
should
have
both
his
Eyes
put
out
;
and
his
Son
being
found
guilty
,
he
commanded
the
Law
to
be
put
in
Execution
:
and
the
body
of
the
Citizens
interceding
,
he
ordered
one
of
his
Sons
Eyes
to
be
put
out
,
and
likewise
one
of
his
own
,
that
the
Law
might
not
be
broken
,
and
yet
that
he
might
not
be
over
rigid
to
his
Son
.
The
[
](A46988-e157830-b)(l)
(l)
Neque
inflecti
gratia
,
neque
perfringi
potentia
,
neque
adulterari
pecunia
possit
.
Pro
Cecinna
.
Orator
tells
us
,
That
Justice
should
neither
be
warped
by
Favour
,
nor
broken
by
Power
,
nor
adulterated
by
Money
;
and
in
another
place
[
](A46988-e157850-b)(m)
(m)
Exuit
personam
Judicis
,
quisquis
Amici
personam
induit
.
saith
,
That
he
puts
off
the
person
of
a
Judge
,
who
assumes
that
of
a
friend
.
He
indeed
is
an
upright
Judge
in
whose
hand
the
Ballance
of
Justice
neither
totters
nor
falls
,
by
the
Authority
of
any
Person
.
Talis
debet
esse
Juris
minister
,
ut
in
ejus
manu
nullius
authoritate
personae
,
titubet
aut
vacillet
librae
Justitiae
.
Besides
the
avoiding
of
Partiality
,
P●ecipitancy
to
be
avoided
.
it
is
necessary
in
every
Judge
,
that
he
fully
examine
what
is
brought
before
him
,
and
not
with
too
great
Precipitancy
determine
matters
upon
[
](A46988-e157890-b)(n)
(n)
Qui
statui●
aliquid
,
par●e
in●udita
altera
,
〈…〉
siatuit
,
〈◊〉
tamen
aequus
est
.
Senec.
Medaea
.
the
hearing
only
of
one
side
:
for
though
he
may
chance
to
do
Justice
in
such
a
Case
;
yet
he
doth
not
do
justly
,
that
fully
hears
not
both
Parties
Allegations
.
It
is
a
very
mischievous
things
,
when
Judges
delay
the
Executing
of
Justice
.
[
](A46988-e157920-b)(o)
(o)
Holy
Court
,
Tom.
1.
lib.
3.
p.
90.
Delays
in
doing
Justice
mischievous
.
Causinus
,
out
of
the
Chronicles
of
Alexandria
tells
us
,
That
Juvenalis
a
Widow
,
complaining
to
Theodorick
King
of
the
Goths
and
Romans
,
that
a
Suit
of
hers
in
Court
,
was
drawn
out
for
the
space
of
three
Years
:
Theodorick
called
the
Judges
before
him
,
and
acquainted
them
with
the
Complaint
,
and
commanded
them
to
do
her
speedy
Justice
,
which
within
two
days
they
did
;
and
being
again
called
by
the
King
,
he
asked
them
how
it
came
to
pass
that
they
had
dispatched
that
in
two
days
,
which
had
not
been
done
in
three
Years
.
They
answered
,
that
His
Majestie
's
Recommendation
had
made
them
finish
it
so
soon
.
To
whom
the
King
replied
,
That
when
he
put
them
into
Office
,
he
consigned
all
Pleas
to
them
,
and
other
Proceedings
;
and
since
they
had
spun
out
the
Business
for
three
Years
,
that
required
but
two
days
dispatch
,
they
should
die
,
and
at
that
Instant
commanded
their
Heads
to
be
smitten
off
.
Court
to
redress
Delays
.
We
find
in
Sir
Edward
Coke
[
](A46988-e158060-b)(p)
(p)
14
E.
3.
c.
5.
Stat.
1.
Rot.
Parl.
2
●
.
2.
num.
63.
confirmed
by
Parliament
.
a
Court
for
redress
of
Delays
of
Judgment
,
in
the
Kings
Great
Courts
,
raised
by
Statute
,
14
E.
3.
whereby
one
Prelate
,
two
Earls
,
and
two
Barons
,
the
Chancellor
,
Lord
Treasurer
,
the
Justices
of
both
the
Benches
,
and
other
of
the
Kings
Council
have
Power
to
call
before
them
the
Tenor
of
Records
,
and
Processes
of
such
Judgments
so
delayed
,
and
to
proceed
to
take
a
good
accord
and
Judgment
,
and
so
remand
all
to
the
Justices
before
whom
the
Plea
did
depend
.
He
likewise
[
](A46988-e158150-b)(q)
(q)
4.
Instit.
c.
6.
fol.
67.
tells
us
,
That
by
the
Common-Law
,
it
is
required
,
that
both
plena
&
celeris
Justitia
fiat
,
and
all
Writs
of
Praecipe
quod
reddat
,
are
quod
juste
,
&
sine
dilatione
reddat
,
&c
,
and
that
there
did
,
and
yet
doth
lye
a
Writ
,
de
pracedendo
ad
Judicium
,
when
the
Justices
or
Judges
of
any
Court
of
Record
,
or
not
of
Record
,
delayed
the
Party
,
Plaintiff
,
or
Defendant
,
Justice
;
and
in
Case
the
Prelate
,
the
two
Earls
,
two
Barons
,
the
Chancellor
,
Treasurer
,
&c.
may
not
for
the
Difficulty
,
determine
it
,
then
to
bring
it
to
the
next
Parliament
,
there
to
have
a
final
accord
.
From
this
whole
Discourse
I
hope
it
is
apparent
,
that
as
our
Kings
authorize
the
Justices
to
do
right
to
every
one
,
according
to
the
Laws
and
Customs
of
England
;
so
the
Judges
cannot
well
fail
of
performing
it
.
Before
I
end
this
Chapter
,
I
cannot
omit
the
inserting
of
some
of
the
Expressions
that
I
find
in
the
Saxon
Laws
,
whereby
the
desire
those
Kings
had
that
equal
Justice
,
should
be
administred
,
is
very
manifest
.
The
eighth
Law
of
King
Ina
inflicts
a
mulct
of
thirty
Shillings
upon
every
[
](A46988-e158270-b)(r)
(r)
Hwilcum
scirmen
oththe
othrum
d●man
.
Shireman
or
other
Judge
,
that
grants
not
Justice
to
him
that
requires
it
,
and
besides
that
,
within
a
Week
he
afford
him
right
;
in
Saxon
thus
,
&
binnan
seoffon
nihte
gedo
hine
rihtes
wrythe
.
The
first
of
the
secular
Laws
of
King
Edgar
,
runs
thus
:
That
every
one
enjoy
the
Benefit
of
right
Judgment
(
whether
he
be
Poor
or
Rich
)
but
in
exacting
of
Punishments
,
let
there
be
that
Moderation
,
that
they
may
be
attempered
to
Divine
Clemency
,
and
may
be
tolerable
to
Men.
The
Saxon
runs
thus
,
That
ole
màn
sy
folc
rihtes
wyrth
.
(
ge
earm
geeadig
)
and
him
mon
righte
Domas
deme
.
&
sy
on
thaerebote
swylec
forgyffenysse
,
swylec
hit
fore
God
ge
beorglice
sy
,
and
for
weoruld
aberendlic
.
The
third
Law
of
the
same
King
is
,
that
the
Judg
who
shall
pass
false
Judgment
on
any
,
shall
pay
the
King
a
Hundred
and
twenty
Shillings
,
unless
he
confirm
it
by
Oath
,
that
he
did
it
by
Error
and
Ignorance
,
not
for
Malice
.
However
he
shall
be
removed
[
](A46988-e158390-b)(s)
(s)
Et
tholige
a
his
Thegnscipes
,
butan
he
aeft
al
thaem
Cyng
gebiege
:
swa
he
hin
gethasian
wills
.
out
of
his
place
,
unless
he
obtain
the
same
again
of
the
King
.
By
which
it
further
appears
,
that
in
those
days
the
King
removed
and
placed
Judges
at
his
Pleasure
.
The
first
of
the
secular
Laws
of
King
Canutus
runs
thus
:
First
I
will
that
Man
[
](A46988-e158430-b)(t)
(t)
That
man
ribte
laga
upp
araere
,
&
aegh
wylec
unlaga
georne
assylle
.
set
up
right
Laws
,
and
unjust
Laws
be
suppressed
,
and
that
every
one
according
to
his
Power
,
pluck
up
utterly
by
the
Roots
,
all
unrighteousness
,
and
set
up
Gods
Right
,
i.
e.
Divine
Justice
;
and
for
the
time
to
come
,
the
Poor
as
well
as
the
Rich
enjoy
right
Judgment
,
and
to
both
of
[
](A46988-e158450-b)(u)
(u)
Fole
rihtes
wyrthe
&
him
man
ribte
domes
deme
.
them
right
Dooms
be
deemed
.
Then
the
next
Law
is
for
exhibiting
Mercy
in
judgment
,
that
even
in
Capital
Matters
,
such
moderation
be
used
in
imposing
the
mulct
,
that
it
be
[
](A46988-e158470-b)(w)
(w)
Swa
it
for
Gode
sy
gebeolice
&
for
woruld
aberendlice
:
As
in
the
Law
of
King
Edgar
.
attempered
to
divine
Clemency
,
and
be
to
be
born
by
Men
,
and
that
he
that
judgeth
,
think
in
his
Mind
what
he
asks
,
when
he
saith
in
the
Lords
Prayer
,
and
forgive
us
our
Debts
or
Trespasses
,
as
we
forgive
them
that
trespass
against
us
:
and
he
forbids
that
any
Christian
be
put
to
Death
for
any
small
or
contemptible
cause
;
that
for
a
[
](A46988-e158500-b)(x)
(x)
Et
ne
forspille
man
for
litlum
,
Godes
handgeweorce
&
his
agenne
ceap
the
he
deorgevobt
.
small
matter
they
suffer
not
to
perish
,
the
work
of
Gods
Hands
,
which
he
hath
redeemed
with
a
great
price
.
In
the
Eleventh
Law
we
find
that
the
King
saith
,
That
by
all
help
and
work
it
is
to
be
endeavoured
by
what
reason
principally
he
may
gain
Counsel
that
may
[
](A46988-e158520-b)(y)
(y)
His
man
fyrmest
m●g
raed
aredian
Theode
to
Thearfe
&
rib●ne
Cristendom
swy
thort
araeran
&
agh
wilec
unlaga
georne
assyllan
.
confirm
such
things
as
are
for
the
profit
of
the
Republick
,
and
may
confirm
Christian
Piety
,
and
may
totally
overthrow
Injustice
from
hence
,
that
Profit
at
last
coming
to
the
Kingdom
,
that
Iniquity
may
be
suppressed
,
and
Justice
may
be
set
up
in
the
Presence
of
God
and
Men.
I
could
add
more
,
but
I
shall
have
occasion
in
the
next
Chapter
to
mention
something
of
this
Subject
,
and
shall
only
close
with
that
Admonition
of
King
James
[
](A46988-e158550-b)(z)
(z)
Dalton's
Justice
of
Peace
,
c.
2.
the
First
to
the
Judges
in
the
Star-Chamber
,
1616.
wherein
he
gave
them
in
Charge
to
do
Justice
uprightly
and
indifferently
without
delay
,
without
Partiality
,
Fear
,
or
Bribes
,
with
stout
and
upright
Hearts
,
with
clean
and
uncorrupt
Hands
,
and
not
to
utter
theirown
Conceits
,
but
the
true
meaning
of
the
Law
,
not
making
Laws
,
but
interpreting
the
Law
(
and
that
according
to
the
true
Sence
thereof
,
and
after
deliberate
Consultation
)
remembring
their
Office
is
Jus
dicere
,
not
Jus
dare
.
CHAP.
XXXIV
.
Of
Justices
of
Peace
,
and
their
Sessions
.
SIR
Edward
Coke
[
](A46988-e158650-b)(a)
(a)
4.
Instit.
c.
31.
fol.
170.
observes
,
that
the
Constitution
of
Justices
of
Peace
is
such
a
form
of
subordinate
Government
,
for
the
Tranquillity
,
and
quiet
of
the
Realm
,
as
no
part
of
the
Christian
World
hath
the
like
;
which
may
be
true
in
the
particular
Limitation
of
the
Power
.
Officers
like
our
Justices
of
Peace
anciently
in
other
Countries
.
But
that
in
other
Countries
such
like
Officers
have
been
appointed
,
particularly
for
the
preservation
of
Peace
,
is
evident
in
the
ancient
Laws
of
the
Wisigothes
,
[
](A46988-e158710-b)(b)
(b)
Lib.
2.
c.
16.
compiled
by
Theodoricus
their
King
,
about
the
Year
of
our
Lord
,
437.
which
constituted
Pacis
Assertores
,
and
appointed
them
Judges
to
hear
and
determine
those
causes
,
quas
illis
Regia
deputaverit
ordinandi
Potestas
.
So
in
the
Sicilian
[
](A46988-e158780-b)(c)
(c)
Anno
1221.
Ibid.
p.
704.
to
722.
lob
.
1.
tit.
8.
Laws
,
compiled
by
the
Emperor
Frederick
the
Second
,
we
find
one
Title
,
de
cultu
pacis
,
&
generali
pace
in
Regno
servanda
,
and
another
,
de
[
](A46988-e158870-b)(d)
(d)
Ibid.
tit.
41.
officio
Justiciaratus
;
where
the
Title
,
Office
,
and
Commission
of
the
Justiciarii
Regionum
is
at
large
recited
,
almost
in
Parallel
terms
,
with
ours
at
this
Day
.
The
Capitularia
Caroli
[
](A46988-e158930-b)(e)
(e)
See
Fred.
Lindebrogus
Codex
Legum
Antiq.
magnis
,
the
Burgundian
,
Alman
,
Bavarian
,
Saxon
,
Longobard
,
Ripuarian
,
and
Frisons
Laws
,
mention
such
Officers
,
for
preserving
the
publick
Peace
,
and
[
](A46988-e158980-b)(f)
(f)
See
Prynne
's
Irenarch
.
Redivivus
,
p.
1.
ad
5.
punishing
all
Malefactors
,
and
infringers
of
the
publick
Peace
,
as
we
have
.
At
the
Common-Law
,
before
Justices
of
Peace
were
made
,
there
were
sundry
Persons
,
to
whose
Charge
the
maintenance
of
the
Peace
was
recommended
,
and
who
with
their
other
[
](A46988-e159040-b)(g)
(g)
Dalton's
Justice
of
Peace
,
c.
1.
Conservators
of
the
Peace
.
Offices
,
had
(
and
yet
still
have
)
the
Conservation
of
the
Peace
annexed
to
their
Charge
,
as
incident
to
,
and
inseparable
from
their
said
Offices
:
yet
they
were
only
stiled
,
and
so
now
are
,
by
their
Offices
;
the
Conservation
of
the
Peace
being
included
therein
.
First
,
the
King
is
the
principal
[
](A46988-e159080-b)(h)
(h)
Idem
.
Conservator
of
the
Peace
within
his
Dominions
,
The
King
the
principal
Conservator
of
Peace
.
and
is
properly
Capitalis
Justiciarius
Angliae
;
in
whose
Hands
at
the
beginning
,
the
Administration
of
all
Justice
,
and
all
Judicature
in
all
Causes
,
first
was
,
and
afterwards
by
,
and
from
him
only
was
the
Authority
derived
and
given
to
all
;
yet
the
Power
nevertheless
remains
still
in
himself
,
insomuch
that
he
may
himself
sit
in
Judgment
,
as
in
ancient
times
the
Kings
here
have
done
,
and
may
take
Knowledg
of
all
cases
and
causes
.
Before
I
leave
this
Head
,
I
cannot
pass
by
the
Act
of
[
](A46988-e159120-b)(i)
(i)
20
H.
7.
c.
11.
H.
7.
wherein
is
so
fully
declared
the
King's
Care
,
to
have
due
Administration
of
Justice
,
as
in
the
close
of
the
last
Chapter
I
have
only
hinted
.
The
Reasons
why
Justices
of
Peace
made
.
The
King's
Care
for
right
and
easie
Administration
of
Justice
.
The
Preamble
saith
,
The
King
considereth
that
a
great
part
of
the
Wealth
and
Prosperity
of
the
Land
,
standeth
in
that
,
that
his
Subjects
may
live
in
Surety
,
under
his
Peace
,
in
their
Bodies
,
and
Goods
,
and
that
the
Husbandry
of
this
Land
may
encrease
,
and
be
upholden
,
which
must
be
had
by
due
Execution
of
Laws
and
Ordinances
,
and
so
commandeth
the
Justices
to
execute
the
tenor
of
their
Commission
,
as
they
will
stand
in
Love
and
Favour
of
his
Grace
,
and
in
avoiding
the
pains
that
he
ordained
,
if
they
do
the
contrary
.
If
they
be
lett
or
hindred
,
they
must
show
it
to
the
King
;
which
if
they
do
not
,
and
it
come
to
the
Kings
knowledg
,
they
shall
be
out
of
his
Favour
,
as
Men
out
of
Credence
,
and
put
out
of
Commission
for
ever
.
Moreover
he
chargeth
and
commandeth
all
manner
of
Men
,
as
well
Poor
as
Rich
(
which
be
to
him
all
one
in
due
Administration
of
Justice
)
that
is
hurt
or
grieved
,
(
in
any
thing
that
the
said
Justice
of
Peace
may
hear
,
determine
,
or
execute
in
any
wise
)
that
he
so
grieved
make
his
complaint
to
the
next
Justice
of
Peace
,
and
if
he
afford
no
remedy
,
then
to
the
Justices
of
the
Assise
;
and
if
he
find
no
remedy
there
,
then
to
the
King
,
or
Chancellor
,
&c.
and
as
a
further
security
it
is
added
,
And
over
that
his
Highness
shall
not
lett
,
for
any
favour
,
affection
,
costs
,
charge
,
nor
none
other
cause
,
but
that
he
shall
see
his
Laws
to
have
plain
and
true
execution
,
and
his
Subjects
to
live
in
security
of
their
Lands
,
Bodies
and
Goods
,
according
to
his
said
Laws
.
Thus
we
see
who
is
the
Principal
,
Other
Conservator
of
the
Peace
.
and
Royal
Conservator
of
the
Peace
:
others
are
the
Lord
Chancellor
or
Lord
Keeper
,
Lord
Treasurer
,
Lord
High
Steward
of
England
,
Earl
Marshal
,
Lord
High
Constable
of
England
,
every
Justice
of
the
Kings
Bench
,
and
Master
of
the
Rolls
,
who
have
the
power
included
in
their
Office
,
and
over
all
the
Realm
,
when
they
are
present
,
may
award
Precepts
,
take
Recognisances
for
the
Peace
;
of
which
and
others
Lambard
in
his
Eirenarche
may
be
consulted
,
and
how
far
Justices
of
Assise
,
Stewards
of
the
Sheriffs
Turn
,
and
Court
of
Pye-powders
,
the
Sheriffs
,
Chief
Constable
,
Coroners
,
and
Petty
Constables
may
commit
to
Ward
breakers
of
the
Peace
in
their
view
,
though
they
cannot
take
surety
at
the
request
of
any
man
,
that
being
peculiar
to
the
Justices
of
Peace's
Office
.
Sir
Edward
Coke
[
](A46988-e159280-b)(k)
(k)
Term.
Pasch.
fol.
176.
4.
Inst.
Coram
Rege
prima
fuit
Institutio
Justiciariorum
pro
Pace
conservanda
.
Ad
Pacem
nostram
conservandam
.
saith
,
that
the
first
institution
of
Justices
for
the
preserving
the
Peace
,
was
6
Ed.
1.
but
Mr.
Prynne
will
have
it
of
older
date
,
because
he
finds
that
King
Henry
the
Third
by
several
Patents
,
or
Writs
from
the
17th
to
the
end
of
his
Reign
,
did
constitute
and
appoint
several
persons
in
most
Counties
of
the
Realm
,
to
be
Guardians
and
Preservers
of
the
Peace
of
the
Realm
;
and
in
the
Patent
51
H.
3.
m.
10.13
.
dorso
,
it
is
dilectis
&
fidelibus
suis
custodibus
pacis
Com.
Linc.
North.
Ebor.
&
Vicecom.
eorundem
Comitat.
and
the
like
54
H.
3.
m.
21.
d.
But
the
first
regular
settlement
of
them
seems
to
be
Anno
1327.
1
Ed.
3.
c.
16.
The
Authorities
afterwards
were
further
explained
4
Ed.
3.
c.
2.
18
Ed.
3.
c.
2.
34
Ed.
3.
c.
1.
Sir
Edward
Coke
[
](A46988-e159520-b)(l)
(l)
Ibid.
171.
tells
us
that
the
Commission
of
Peace
stood
over-burthened
,
and
incumbered
with
divers
Statutes
,
some
whereof
were
before
,
and
some
since
repealed
,
and
stuffed
with
many
vain
and
unnecessary
repetitions
,
and
many
other
corruptions
crept
into
it
by
mistaking
of
Clerks
,
&c.
for
amendment
and
correction
whereof
,
[
](A46988-e159550-b)(m)
(m)
Mich.
32
&
33
Eliz.
Sir
Christopher
Wray
Chief
Justice
of
England
,
assembled
all
the
Judges
of
England
,
and
upon
perusal
had
of
the
former
Commission
of
Peace
,
and
due
consideration
had
thereupon
,
and
often
conferences
betwixt
themselves
,
they
resolved
upon
a
reformation
of
the
form
,
with
divers
additions
and
alterations
,
both
in
matter
and
method
,
as
it
stood
in
Sir
Edward's
time
;
and
he
saith
,
It
needed
another
Reformation
by
reason
of
Statutes
since
repealed
,
and
others
expired
;
of
which
he
gives
several
instances
.
Therefore
he
saith
,
It
is
a
good
rule
for
all
Judges
,
and
Justices
whatsoever
,
that
have
Jurisdiction
by
any
Statute
,
which
at
the
first
was
Temporary
or
for
a
time
,
to
consider
well
before
they
give
Judgment
,
Whether
that
Statute
hath
been
continued
or
made
perpetual
;
and
if
at
first
it
was
made
perpetual
,
Whether
it
be
not
repealed
or
altered
by
any
later
Statute
.
What
Commissions
,
Patents
and
Writs
were
issued
out
by
King
Edward
the
First
,
for
preserving
the
Peace
of
the
Realm
,
suppressing
,
seising
and
punishing
of
those
who
disturbed
it
,
may
be
found
Cl.
9
Ed.
1.
m.
10.
d.
in
Rylies
[
](A46988-e159700-b)(n)
(n)
P.
443
,
451
,
to
457
,
433
,
480.
Prynne's
Animadv
.
fol.
149.
Appendix
,
so
there
is
a
Patent
14
Ed.
1.
m.
15.
15
Ed.
1.
m.
13.
de
militibus
constitutis
ad
Articulos
in
Statuto
de
conservatione
pacis
edito
contento●
observandos
,
constituting
persons
of
note
in
every
County
to
observe
them
,
named
in
the
Record
:
and
so
for
other
Kings
Reigns
,
in
the
Authors
in
the
[
](A46988-e159800-b)(o)
(o)
Sir
Edw.
Coke
,
4
Inst.
Ryley's
Appendix
,
p.
521
,
&c.
537
,
563.
Margent
,
the
exact
Abridgment
of
the
Record
of
the
Tower
,
Tit.
Justices
of
Peace
,
and
Prynne's
Irenarchus
Redivivus
.
The
constituting
,
and
making
of
Justices
of
Peace
,
is
inherent
in
,
and
inseparable
from
the
Crown
,
as
appears
by
the
Statute
27
H.
8.
c.
24.
[
](A46988-e159920-b)(p)
(p)
Dalton
,
c.
3.
Some
are
Justices
by
Act
of
Parliament
,
as
the
Archbishop
of
York
,
Bishop
of
Duresm
,
and
Ely
,
and
their
Successors
:
others
by
the
Kings
Charters
,
as
Mayors
and
other
Officers
of
Corportion
Towns
.
Others
are
by
Commission
,
which
are
properly
Justices
of
Peace
,
to
take
care
not
so
much
of
the
publick
Discipline
,
and
correction
of
manners
,
as
for
the
Peace
,
and
security
of
the
High-ways
;
they
being
at
their
Quarter-Sessions
to
hear
and
determine
of
Felons
,
Breakers
of
the
Peace
,
Contempts
and
Trespasses
,
to
suppress
Routs
,
and
Tumults
,
restore
possessions
forceably
entred
,
&c.
They
[
](A46988-e160000-b)(q)
(q)
Sir
Tho.
Smith's
Commonwealth
,
part
2.
c.
22.
Who
are
chosen
to
be
Justices
of
Peace
.
are
elected
out
of
the
Nobility
,
Knights
,
Esquires
,
and
Gentlemen
,
and
such
as
be
learned
in
the
Laws
,
such
and
such
number
as
the
Prince
shall
think
meet
,
and
in
whom
for
wisdom
and
discretion
he
putteth
his
trust
,
being
mostly
Inhabitants
within
the
County
,
saving
that
some
of
the
High
Nobility
,
At
the
King's
Pleasure
.
and
chief
Magistrates
for
honour
sake
are
put
in
all
or
most
of
the
Commissions
.
Those
have
no
time
limited
but
by
Commission
from
his
Majesty
,
alterable
at
pleasure
.
Much
increased
in
number
.
At
first
they
were
but
four
,
after
eight
,
and
now
thirty
or
forty
in
a
Shire
,
either
by
increase
of
riches
,
learning
,
or
activity
in
Policy
and
Government
:
more
being
found
than
anciently
,
who
have
either
will
or
power
,
or
both
to
do
their
King
and
Country
service
;
and
they
are
not
too
many
to
handle
affairs
of
the
Commonwealth
,
especially
for
the
benefit
of
the
Subject
,
For
the
better
distributing
of
Justice
.
that
they
may
have
in
all
parts
of
the
County
,
one
or
more
,
not
very
remote
,
to
apply
themselves
to
.
The
Faults
they
may
punish
.
Each
of
them
hath
Authority
,
upon
complaint
to
him
made
of
any
Theft
,
Robbery
,
Manslaughter
,
Murther
,
Violence
,
Complots
,
Routs
,
Riots
,
unlawful
Games
,
forceable
Entries
,
Excess
in
Apparel
,
Conventicles
,
evil
order
in
Ale-houses
,
and
Taverns
,
of
Idle
and
Vagabond
Persons
,
Masters
and
Servants
not
observing
the
Laws
,
Rapes
,
false
Moneys
,
Extortions
,
or
any
such
Disturbances
of
the
Peace
,
quiet
and
good
order
of
the
Shire
,
to
commit
the
Persons
supposed
to
be
Offenders
to
the
Prison
,
and
to
charge
the
Constable
or
sheriff
to
bring
them
thither
,
and
the
Jaylor
to
neceive
them
till
the
next
Quarter-Sessions
when
the
Sheriff
or
his
Under-Sheriff
with
his
Bailiffs
be
to
attend
him
,
at
their
Sections
.
where
Informations
are
given
in
to
them
by
Bill
,
which
is
shown
to
the
Juries
:
and
if
they
find
just
cause
for
the
complaint
,
they
find
the
Bill
,
and
the
Party
is
Indicted
,
and
Tryed
by
a
Jury
of
twelve
men
,
at
the
Kings
Suit
;
for
the
King
is
reckoned
the
one
Party
,
and
the
Prisoner
the
other
.
They
are
also
to
order
the
repair
of
Bridges
,
High-ways
,
the
Poor
,
the
lame
Souldiers
pensions
,
and
do
many
things
besides
according
to
the
Power
given
in
their
Commissions
,
which
particularizeth
all
things
they
are
to
take
Cognizance
of
;
sometimes
,
upon
suspicion
of
War
,
to
take
care
for
the
order
of
the
Shire
,
and
sometimes
to
take
Muster
of
Harness
,
and
able
men
.
Once
in
a
year
or
two
the
Prince
with
his
Council
,
Instructions
given
to
Justices
of
the
Peace
.
saith
a
Manuscript
I
have
seen
,
chuseth
out
certain
Articles
(
out
of
Penal
Laws
made
to
repress
the
pride
and
evil
rule
of
the
People
)
and
sends
them
down
to
the
Justices
,
willing
them
to
meet
together
,
and
consult
among
themselves
,
how
to
order
the
matter
most
wisely
,
and
circumspectly
;
whereby
the
People
might
be
kept
in
good
order
and
obedience
according
to
Law
:
and
they
after
a
certain
space
meet
,
and
certify
the
Prince
,
or
his
Privy-Council
,
how
they
do
find
the
Shire
in
rule
and
order
touching
those
points
,
and
all
other
disorders
.
There
was
never
,
saith
Sir
Thomas
Smith
[
](A46988-e160140-b)(r)
(r)
Part
2.
tit
.
Juslices
of
Pearce
.
,
in
any
Commonwealth
devised
a
more
wise
,
a
more
dulce
and
gentle
,
How
beneficial
the
Institution
of
Justices
of
Peace
.
or
more
certain
way
to
rule
the
People
,
whereby
they
are
kept
always
as
it
were
in
a
Bridle
of
good
order
,
and
sooner
looked
to
,
that
they
do
not
offend
,
than
punished
when
they
have
offended
:
for
seeing
the
chief
Persons
of
Quality
and
Interest
among
them
,
have
such
charge
and
Authority
given
them
by
the
King
;
and
if
occasion
be
,
do
commit
,
cause
to
be
Indicted
and
punished
,
or
sent
to
Prison
for
disobedience
,
Offenders
against
the
Laws
;
It
curbeth
and
terrifieth
Offenders
so
,
that
it
is
a
new
Furbishing
of
the
good
Laws
of
the
Realm
,
and
a
continual
repressing
of
Disorders
,
which
the
Common
sort
of
People
are
too
prone
to
,
if
it
were
not
for
this
impending
lash
,
which
every
where
is
held
over
Criminals
.
The
Law
it self
,
as
registred
and
printed
,
is
but
a
dumb
and
dead
thing
;
the
Ministers
of
the
Law
are
those
that
give
life
to
it
:
and
for
that
end
were
Justices
of
the
Peace
Constituted
,
who
being
Gentlemen
of
Interest
,
and
parts
,
are
the
fittest
Instruments
to
see
the
Laws
duly
Executed
,
They
are
principally
concerned
in
seeing
to
the
Execution
of
several
Laws
.
which
are
Committed
to
their
Charge
:
and
it
is
greatly
advantagious
to
the
Country
,
that
at
every
Quarter-Sessions
,
in
the
face
of
the
Country
,
one
of
the
Justices
of
the
Peace
gives
a
charge
to
the
Jurys
;
wherein
,
with
learning
and
Judgment
,
he
acquaints
them
with
the
Excellency
,
Antiquity
,
and
Utility
of
Monarchical
Government
,
the
usefulness
of
those
Laws
,
Wise
and
Gracious
Princes
have
granted
to
their
Subjects
,
the
excellent
Composure
,
Contexture
and
Harmony
in
the
Government
,
and
many
other
particulars
fit
for
them
to
know
,
as
good
Subjects
and
good
Neighbours
.
Having
met
with
some
Speeches
made
in
Queen
Elizabeth's
time
which
relate
either
to
Justices
of
the
Peace
,
or
the
Execution
of
Laws
in
general
;
I
think
it
may
not
be
unacceptable
to
the
Reader
to
understand
in
what
manner
that
Queen
caused
her
Chancellor
to
quicken
the
execution
of
the
Laws
:
Some
touches
of
which
follow
.
[
](A46988-e160210-b)(s)
(s)
MS.
Speech
to
the
Justices
Itinerant
,
Anno
1559.
The
Conservation
of
Peace
their
principal
Charge
.
By
the
Conservation
of
Peace
and
Concord
,
every
Commonweal
hath
a
perfect
Foundation
to
begin
,
marvelous
good
course
to
increase
,
a
strong
Pillar
to
sustain
it
,
and
a
strong
Buckler
to
defend
it
.
The
plain
and
good
order
of
each
County
consisteth
in
the
well
or
evil
Executing
of
Justice
:
for
thereby
either
every
man
enjoyeth
his
own
,
and
the
whole
Commonweal
is
in
a
calm
and
even
Temper
;
or
by
remisness
in
Execution
,
the
Free-Booters
and
Beasts
of
Prey
are
let
loose
to
rob
and
despoil
some
,
and
affright
the
rest
,
and
leave
all
in
unsecurity
.
How
can
,
saith
he
,
Justice
banish
[
](A46988-e160240-b)(t)
(t)
MS.
Speech
at
the
end
of
the
Parliament
,
Anno
1559.
Justices
of
Peace
to
be
active
.
Enormities
when
her
Ministers
are
slothful
,
making
no
account
of
any
of
the
Common
Causes
of
their
Country
;
and
under
the
notion
of
being
accounted
quiet
men
,
they
seek
only
ease
,
profit
,
and
pleasure
to
themselves
,
and
to
be
sustained
by
other
mens
care
and
labour
:
whereas
the
Horse-Master
provideth
for
the
good
Government
of
his
Horse
,
Bits
or
Brakes
,
according
to
the
hardness
or
tenderness
of
his
Mouth
.
If
(
continues
he
)
in
the
richest
soil
,
the
usefullest
and
delightfullest
Flowers
,
The
necessity
of
punishing
evil
Men.
Shrubs
and
Fruits
be
planted
,
and
no
care
be
taken
to
weed
out
what
would
choak
and
over-grow
them
,
what
pleasure
or
benefit
could
be
had
of
all
ones
cost
and
labour
?
a
crop
of
weeds
would
soon
such
out
all
the
nourishment
from
their
roots
,
over-shadow
them
from
the
cherishing
Sun
,
and
smother
the
curious
Plants
:
so
that
they
would
soon
dye
and
wither
.
Therefore
is
there
a
great
need
of
chusing
able
,
careful
and
active
Gardiners
to
howe
and
root
out
all
such
rank
Weeds
.
In
another
[
](A46988-e160290-b)(u)
(u)
MS.
Speech
,
second
Parl.
1562.
Speech
(
after
advising
great
care
in
chusing
Officers
,
as
Justices
of
Peace
,
&c.
that
have
the
Execution
of
the
Laws
)
he
tells
the
noble
Assembly
,
That
sharp
Laws
should
be
made
for
banishing
sloth
and
corruption
,
A
Visitation
of
the
Justices
of
Peace
proposed
.
and
adviseth
there
should
be
through
the
Kingdom
Biennial
or
Triennial
Visitations
of
all
the
Temporal
Officers
and
Ministers
,
that
ought
to
see
to
the
Execution
of
the
Law
by
Commission
,
to
try
the
Offences
of
those
that
have
not
seen
to
the
due
Execution
of
the
Laws
,
according
to
the
Office
and
charge
committed
to
them
;
as
in
Church-Visitations
:
and
that
a
Roll
should
be
kept
,
See
something
of
this
nature
2
H.
5.
8.
wherein
all
the
Justices
names
should
be
set
down
to
every
Offence
he
hath
caused
to
be
punished
,
that
it
might
appear
who
is
diligent
;
and
that
those
that
are
negligent
might
be
removed
to
their
perpetual
Ignominy
,
and
such
pains
set
upon
them
as
by
Law
may
be
.
Another
time
[
](A46988-e160340-b)(w)
(w)
MS.
Speech
,
Star-chamber
,
1568.
he
urgeth
,
that
it
ought
to
be
considered
whether
it
be
a
greater
Cruelty
,
to
execute
the
Penal
Laws
,
so
as
thereby
a
few
shall
be
unwhipped
,
and
many
hanged
;
or
some
shall
be
whipped
,
and
thereby
few
hanged
.
In
another
[
](A46988-e160360-b)(x)
(x)
MS.
Speech
,
second
Session
of
Parliament
,
1571.
I
find
this
swasive
,
It
would
be
strange
to
make
Laws
to
reform
manners
,
and
prune
away
the
ill
branches
,
and
Members
of
the
Commonweal
,
and
then
to
●ye
them
in
boxes
and
books
;
it
were
better
to
have
no
Laws
,
than
them
not
Executed
:
for
besides
other
inconveniences
,
it
breeds
contempt
of
Laws
and
Law-makers
.
[
](A46988-e160380-b)(y)
(y)
Idem
.
A
Prince
,
continueth
he
,
that
is
careful
of
the
discharge
of
his
great
Office
,
leaveth
nothing
undone
,
meet
for
him
to
do
,
for
the
Execution
of
the
Laws
,
making
choice
of
Persons
of
most
Credit
,
and
best
understanding
through
the
Kingdom
,
to
whom
for
the
great
trust
he
reposeth
in
them
,
he
giveth
Authority
by
Commission
to
Execute
a
great
part
of
the
Law
:
Therefore
the
Burthen
of
all
Enormities
,
Absurdities
,
and
Mischiefs
that
grow
in
the
Commonwealth
,
for
the
not
executing
of
Laws
,
must
needs
light
upon
those
Persons
that
have
Authority
to
execute
them
:
and
if
remisness
be
,
if
the
Prince
should
be
driven
to
commit
the
Execution
of
the
Laws
to
those
who
in
respect
of
Practice
,
and
gain
,
would
see
them
executed
with
all
severity
,
what
a
burthen
would
that
bring
to
the
Realm
?
In
this
manner
Queen
Elizabeth
caused
the
Execution
of
her
Laws
to
be
recommended
both
to
the
Justice
of
Assize
,
and
to
the
Members
of
Parliament
,
that
at
their
recess
they
might
take
care
to
see
them
put
in
Execution
.
As
a
close
to
this
Chapter
,
and
an
Introduction
to
the
next
,
I
shall
give
a
short
account
of
the
Laws
in
the
Saxons
time
,
that
were
made
by
several
Kings
for
the
preservation
of
the
Peace
,
and
of
how
great
value
the
due
keeping
of
the
Peace
was
.
The
Sixth
Law
of
King
Ina
appoints
,
that
he
that
fights
in
the
Kings
[
](A46988-e160430-b)(z)
(z)
Cuninges
hus
.
Palace
,
shall
lose
all
his
Goods
,
and
it
shall
be
at
the
Kings
pleasure
whether
he
shall
be
Capitally
punished
,
or
not
:
it
also
ordains
several
Mulcts
of
Money
for
fighting
in
the
[
](A46988-e160440-b)(a)
(a)
Mynster
.
Church
,
in
an
Aldermans
House
,
or
the
House
of
a
[
](A46988-e160450-b)(b)
(b)
Gefolgylden
hus
.
Country-man
.
And
the
next
Law
is
against
Theft
,
and
in
the
13th
.
against
Thieves
,
and
Robbers
,
from
the
number
of
Seven
,
if
they
be
35
they
are
counted
a
[
](A46988-e160460-b)(c)
(c)
Klothum
.
Troop
,
if
more
an
[
](A46988-e160470-b)(d)
(d)
Herge
.
Army
;
and
so
in
the
26th
.
Law
appoints
a
Reward
for
apprehending
[
](A46988-e160480-b)(e)
(e)
Theoffes
onfeng
.
a
Thief
:
So
in
the
46th
.
Law
,
of
the
Peace
violated
in
[
](A46988-e160490-b)(f)
(f)
Burghbryce
.
a
Town
of
the
Kings
,
or
a
Bishops
,
120
s.
and
so
proportionable
in
the
Town
of
an
Alderman
,
of
the
Kings
[
](A46988-e160520-b)(g)
(g)
Cyninges
Thegnes
.
Minister
,
or
any
Land-holders
[
](A46988-e160530-b)(h)
(h)
Land
hebbendes
.
Town
.
So
in
the
15th
.
Law
of
King
Alfred
,
150
s.
punishment
is
laid
upon
his
that
[
](A46988-e160580-b)(i)
(i)
De
gefeohtum
.
fights
in
the
presence
of
an
Archbishop
,
and
100
if
in
the
presence
of
a
Bishop
or
alderman
;
and
in
the
next
against
the
stealing
a
Mare
or
Cow
,
the
price
,
and
40
s.
Mulct
,
and
in
the
26th
.
against
[
](A46988-e160610-b)(k)
(k)
Mansliht
mid
blothe
.
Man-slaying
in
Companies
,
to
pay
the
price
of
his
Head
,
and
all
present
30
s.
a
piece
;
and
in
the
35th
.
against
breaking
the
Peace
in
a
Town
as
before
.
fore
.
The
38th
.
Chapter
is
long
,
That
no
Man
assault
his
Enemy
in
his
House
till
he
hath
[
](A46988-e160640-b)(l)
(l)
Ae●hon
be
him
ribtes
bidde
.
demanded
right
of
him
,
which
if
he
deny
he
may
besiege
him
seven
Days
,
but
not
[
](A46988-e160650-b)(m)
(m)
Be
gefeobte
.
assault
the
House
;
and
if
he
yield
,
he
must
keep
him
Thirty
Days
,
and
then
restore
him
to
his
Friends
.
This
care
was
taken
to
pre\vent
Bloodshed
.
There
are
many
particulars
besides
,
worth
observing
in
this
,
as
well
ad
the
40th
.
Chapter
[
](A46988-e160660-b)(n)
(n)
Be
wundum
.
against
wounding
.
I
shall
speak
of
that
of
King
Edward
hereafter
.
The
first
Law
of
King
Aethelstan
is
against
Theft
,
that
is
manifest
,
where
the
[
](A46988-e160710-b)(o)
(o)
The
of
th●at
th●ebbendse
thing
stolen
is
found
in
the
Thieves
Hand
;
hand
gefangen
sy.
and
so
of
other
particulars
worth
reading
.
The
Third
Law
of
King
Edmund
prohibits
any
Man-killer
to
come
into
the
Prince's
presence
,
altho'
his
Servant
,
till
he
have
made
satisfaction
[
](A46988-e160740-b)(p)
(p)
Aef
he
on
daed●ote
ga
:
swa
Bisceop
him
Tace
,
&
his
serift
him
wis●ge
.
for
the
Crime
,
as
it
is
appointed
him
by
the
Bishop
,
and
he
makes
Seven
particular
Laws
together
against
Man-killing
;
those
that
assault
other
in
Towns
,
holy
places
,
&c.
and
the
several
punishments
prefacing
these
Laws
thus
,
That
to
him
,
and
the
Clergy
and
Laity
met
,
it
seemed
most
profitable
,
that
love
and
mutual
benevolence
,
through
his
whole
Dominion
should
be
cherished
;
for
it
was
[
](A46988-e160760-b)(q)
(q)
Et
us
eallum
tha
unribtlican
,
&
menigfealdan
gefroh●e
the
betwux
us
svlsum
syndon
.
irksom
to
them
all
that
there
should
be
unjust
fighting
among
Christians
;
and
begins
the
Seventh
Law
thus
,
It
is
the
part
[
](A46988-e160770-b)(r)
(r)
Witan
seylon
faeb
.
the
settan
.
of
the
prudent
to
extinguish
Capital
Enmities
.
For
the
better
preservation
of
Peace
,
King
Aethelred
appointed
that
every
[
](A46988-e160800-b)(s)
(s)
That
aele
sreoman
getreowne
borb
bebbe
.
Freeman
have
sureties
that
if
he
be
called
in
question
for
any
Crime
,
these
Sureties
may
do
justice
to
each
one
,
that
is
satisfie
for
the
offender
,
the
Title
of
which
is
,
Be
Borgum
.
In
the
Law
,
the
duty
of
these
Sureties
is
described
at
large
;
and
it
appears
by
other
Laws
in
after
times
,
that
Nine
Men
were
bound
for
every
Tenth
Man
.
Whoever
desires
further
satisfaction
in
this
particular
,
may
consult
the
19th
.
Law
of
Canutus
,
wherein
he
appoints
[
](A46988-e160840-b)(t)
(t)
Et
we
willath
,
that
aele
freoman
beo
on
hundrede
,
&
on
Teothung
gebrobt
,
viz.
the
Tything
security
.
,
that
every
Free-man
enter
himself
into
an
Hundred
,
or
into
the
Collegueship
of
the
Ten.
In
other
matters
of
preserving
Peace
,
they
may
consult
the
Second
,
the
Eighth
,
and
Twelfth
Laws
of
the
same
Canutus
;
the
which
Eighth
Law
is
thus
expressed
,
Peace
is
so
to
be
considered
,
as
that
nothing
can
be
more
desirable
that
it
to
the
Inhabitants
,
and
nothing
more
contrarily
is
offensive
as
Thieves
,
which
in
the
Saxon
is
thus
,
Swa
ymbe
frythesbote
.
Swathan
bundan
si
selost
&
tham
Theoffon
sy
lathost
,
&
swa
ymb
Heosbote
.
Having
met
with
a
passage
in
the
Laws
of
King
[
](A46988-e160890-b)(u)
(u)
LL.
Aethelstani
,
fol.
53.
Ethelstan
,
which
both
illustrates
the
Care
of
the
King
,
to
have
the
Peace
preserved
;
and
likewise
shews
the
readiness
(
according
to
their
duty
)
of
the
Subjects
to
assist
the
King
with
their
Persons
and
Estates
:
I
thought
it
not
amiss
to
insert
it
as
a
Close
to
this
Chapter
,
and
an
Introduction
to
the
next
.
The
words
(
as
to
be
rendred
from
the
Saxon
,
and
the
Latin
Version
of
Mr.
Lambard
)
run
thus
,
I
Aethelstan
King
,
do
to
all
clearly
signifie
[
Cyth
]
that
I
have
diligently
enquired
the
Cause
wherefore
our
[
](A46988-e160950-b)(w)
(w)
Vre
sryth
is
wyrs
gehealden
thon●e
we
lyst
.
Peace
was
not
kept
as
I
desired
,
and
at
Grantelee
it
was
appointed
;
and
I
received
this
Answer
from
[
](A46988-e160970-b)(a)
(a)
Et
mine
witan
seig●h
.
my
Wise
Men
,
that
it
happened
by
my
[
](A46988-e160980-b)(b)
(b)
That
le
hit
to
long
forboren
baebbe
.
forbearance
;
i.e.
too
much
lenity
in
not
punishing
now
of
late
,
when
I
staid
at
Exceter
in
the
[
](A46988-e161010-b)(c)
(c)
Middum
wintre
.
Feast
of
the
Nativity
of
our
Lord
,
attended
by
my
Wise
Men
,
I
found
[
](A46988-e161020-b)(d)
(d)
●t
that
ealle
syn
〈◊〉
mid
bire
sylfum
&
midyfre
(
which
I
signifying
Heritage
;
and
though
mis-placed
in
Lambard
,
is
by
him
translated
Children
)
&
mid
wife
&
mideallum
thingum
(
by
L●mbard
translated
properly
all
their
Fortunes
)
to
faerenne
thider
thider
le
thonne
will
.
them
●
most
ready
themselves
,
with
their
Heirs
,
with
their
Wives
and
all
their
Estates
,
to
go
thither
,
whither
I
will
,
and
will
purge
out
,
or
expel
those
Outlaws
,
i.
e.
breakers
of
the
Peace
,
that
are
against
this
,
in
such
order
,
or
with
such
wisdom
and
consideration
,
that
they
never
after
come
on
the
Earth
again
,
i.e.
that
they
be
banished
.
The
Saxon
of
the
latter
part
is
thus
,
Bretan
hi
offer
this
geswican
willan
,
on
tha
gerade
the
heo
naefre
aest
on
sorda
ne
cumen
;
which
Mr.
Lambard
translates
thus
,
Vt
isti
tandem
pacis
violatores
Regno
haud
unquam
redituri
pellerentur
.
Then
it
further
is
added
,
And
if
these
Men
[
](A46988-e161140-b)(e)
(e)
And
gif
hi
mon
afre
af●
on
thaem
eorda
gemit
,
that
hi
syn
swa
seildig
,
swa
se
the
at
hebbendra
banda
gefougen
syn
.
hereafter
in
these
Lands
be
met
with
,
or
found
,
that
they
shall
be
so
guilty
as
they
are
that
are
found
hand
having
;
that
is
Stealing
;
which
Mr.
Lambard
renders
,
Ac
si
eorum
aliquis
postea
in
Regno
deprehenderetur
,
pariter
ac
qui
est
in
furto
manifeste
deprehensus
plecteretur
.
From
all
which
we
may
observe
,
That
the
Counsel
of
the
Witan
,
Nobles
,
and
Wise
Men
,
was
at
one
of
the
times
the
King
kept
them
in
course
:
viz.
at
Christmas
,
called
here
Mid-winter
.
Secondly
,
That
the
King
asks
the
Members
of
the
Council
their
advice
.
Thirdly
,
They
tell
him
,
that
it
happened
,
that
his
Peace
was
not
kept
,
because
of
his
forbearance
in
not
putting
the
Laws
in
Execution
,
that
were
established
at
Grantelee
.
From
whence
we
may
observe
,
that
the
King
was
to
put
these
in
Execution
,
and
that
his
Remisness
,
Clemency
,
or
Indulgence
increased
the
numbers
of
the
breakers
of
the
Peace
.
Fourthly
,
That
for
the
suppressing
of
these
breakers
of
the
Peace
,
the
Nobles
who
met
in
Council
at
Exceter
,
promi●e
they
will
be
in
readiness
provided
,
themselves
and
their
who●e
Families
,
and
all
things
they
have
,
to
faerenne
,
that
is
,
from
faer
,
to
go
forth
in
Expedition
Armed
,
as
the
King
will
appoint
;
the
signification
of
which
word
I
have
found
in
several
Letters
about
the
Wars
betwixt
England
and
Scotland
in
Henry
the
Eighth's
and
Edward
the
Sixth's
time
,
where
when
any
considerable
party
of
the
Scots
made
an
inrode
into
England
,
to
seize
upon
Men
,
burn
Towns
,
or
Houses
,
or
carry
away
Cattel
,
it
was
called
running
a
Forray
.
Fifthly
,
We
may
note
,
that
this
shews
that
the
Militia
of
the
Subjects
was
at
the
Kings
disposal
to
go
whither
then
the
King
will
;
which
saves
me
a
labour
in
the
following
Chapter
to
deduce
the
Kings
Power
over
the
Militia
higher
,
though
I
doubt
not
but
a
little
looking
into
the
Saxon
Laws
would
afford
me
more
Precedents
,
as
the
Fifty
ninth
Law
of
William
the
[
](A46988-e161340-b)(f)
(f)
Statuimus
etiam
&
sirmiter
praecipimus
,
ut
omnes
liberi
homines
totius
Regni
noslri
praedicli
,
sint
fratres
conjurati
ad
Monarchiam
nostram
,
&
ad
Regnum
nostrum
pro
viribus
suis
&
facultatibus
contra
inimicos
pro
posse
suo
defendendum
,
&
viriliter
servandum
;
&
Facem
&
Dignitatem
Coronae
noslrae
integram
observandam
;
&
ad
Judicium
rectum
,
&
Justiciam
constanter
omnibus
modis
pro
posse
suo
sine
dolo
&
sine
dilatiene
faciendam
.
LL.
Gul.
1.
59.
fol.
171.
Edit.
Wheeloch
.
Conqueror
doth
expresly
;
as
before
I
have
touched
on
another
occasion
,
but
here
think
fit
to
recite
it
at
length
,
viz.
The
King
appoints
,
and
firmly
commands
all
the
Free-men
of
his
Kingdom
,
that
they
be
sworn
Brothers
,
to
their
Power
to
defend
,
and
manfully
to
keep
his
Monarchy
,
and
his
Kingdom
according
to
their
might
and
Estates
against
Enemies
,
and
to
observe
or
maintain
the
Peace
and
Dignity
of
his
Crown
entire
;
and
without
delay
,
without
deceit
to
do
right
Judgment
and
Justice
constantly
,
all
manner
of
ways
,
according
to
their
Power
.
So
that
here
we
find
these
liberi
Homines
,
Conservators
of
the
Peace
also
,
which
I
suppose
was
incumbent
on
them
,
as
well
as
they
were
Lords
of
Mannors
,
where
they
had
their
Courts
,
as
likewise
they
were
Hundredaries
,
&c.
CHAP.
XXXV
.
Of
the
Kings
Soveraignty
in
making
War
and
Peace
.
THE
great
[
](A46988-e161440-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
3.
Polit.
c.
7.
Philosopher
observes
,
That
in
a
Common-wealth
,
that
part
is
most
powerful
in
which
the
strength
of
War
consists
,
and
which
is
in
possession
of
Arms
;
for
those
,
he
saith
,
that
have
no
Arms
,
are
the
Servants
of
the
Armed
.
Plato
[
](A46988-e161500-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
12.
de
LL.
Power
of
making
War
and
Peace
the
greatest
Badge
of
Sovereignty
.
affirms
it
as
a
standing
Law
,
That
he
,
who
without
Authority
,
innovates
a
Peace
,
or
makes
War
,
shall
be
adjudged
to
punishment
;
and
gives
this
reason
for
it
,
That
he
who
hath
in
his
Hand
the
Militia
,
it
is
in
his
Power
that
the
Commonwealth
subsist
,
or
be
dissolved
.
Bodin
makes
this
one
of
the
greatest
badges
of
Soveraignty
;
because
,
without
the
power
of
declaring
War
,
and
making
Peace
,
no
Prince
can
defend
himself
or
his
Subjects
,
the
Establishment
,
or
Destructon
of
the
States
depending
upon
it
:
therefore
it
is
Capital
to
do
the
least
thing
in
that
kind
without
the
Kings
Commission
.
There
being
nothing
more
dangerous
in
War
,
than
to
betray
Counsels
,
it
is
not
fit
the
ordering
of
War
,
and
consequently
of
Peace
,
should
be
in
any
but
the
Soveraign
.
In
the
Greek
and
[
](A46988-e161560-b)(c)
(c)
Clapmarius
de
Jure
Maj●statis
,
lib.
1.
c.
10.
Latin
Histories
it
appears
,
that
all
Wars
were
undertaken
,
and
performed
by
the
Counsel
,
Will
,
and
Pleasure
of
the
Soveraign
,
whether
Senate
,
or
Emperor
,
and
by
them
solely
was
decreed
,
unless
in
some
extraordinary
Cases
,
that
the
Peoples
consent
was
required
in
comitiis
Populi
centuriatis
;
and
when
the
Republick
was
changed
by
the
Julian
Law
,
it
was
Treason
to
make
War
without
the
Command
of
the
Prince
;
the
words
of
the
Law
being
,
Nulli
,
nobis
insciis
,
atque
inconsultis
,
quorumlibet
armorum
movendorum
copia
tribuetur
.
The
reasons
why
this
Power
should
be
in
the
Soveraign
solely
,
are
many
,
and
just
;
for
without
it
no
Prince
can
provide
against
intestine
Seditions
.
For
if
he
wanted
that
Authority
,
Reasons
why
this
Power
should
be
in
the
Sovereign
alone
to
make
War
and
Peace
.
as
often
as
Ambitious
or
Seditious
Men
perswade
the
People
they
were
in
danger
of
Oppression
by
the
Government
,
or
they
had
a
mind
to
remove
great
Officers
that
they
might
enjoy
their
places
,
or
that
the
Rule
in
Church
or
State
did
not
please
them
;
They
might
resort
to
Arms
,
to
the
ruining
of
their
follow
Subjects
,
who
would
otherwise
live
peaceably
and
dutifully
.
By
this
liberty
,
greatest
Convulsions
would
be
in
the
Kingdom
upon
every
predominancy
of
ill
humours
,
and
we
should
never
be
without
the
Plague
of
War
in
one
place
or
other
,
and
all
the
miseries
of
a
torn
,
dis-joynted
and
mangled
confusion
would
be
upon
us
;
neither
should
a
Prince
be
able
to
defend
his
Subjects
from
Foreign
Invasions
,
or
perform
that
great
and
necessary
Work
of
assisting
the
Allies
to
his
State
,
and
Te
formidable
to
his
Enemies
.
Polybius
[
](A46988-e161660-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Polyb.
O.
notes
,
That
there
are
two
things
which
preserve
Government
,
viz.
Fortitude
against
Enemies
,
and
Concor●●●
home
;
but
neither
of
these
can
be
performed
,
if
the
Prince
have
not
the
disposal
of
the
Militia
.
This
is
it
which
preserves
the
Kings
Authority
,
makes
his
Laws
to
be
observed
,
keeps
the
Factious
and
Seditious
at
quiet
,
gives
repute
abroad
,
and
Peace
at
home
.
All
the
Calamities
of
War
are
prevented
,
when
an
Armed
Prince
,
that
hath
the
sole
disposal
of
his
Military
Power
,
can
extinguish
the
Flame
at
its
first
blaze
;
therefore
St.
[
](A46988-e161700-b)(e)
(e)
Ordo
naturalis
mortalium
paci
accommodatus
,
hoc
poscit
,
ut
suscipiendi
belli
auctoritas
,
atque
consilium
penes
Principes
sit
.
Augustinus
contra
Faustum
.
Austin
saith
,
That
the
natural
order
of
Mortals
,
accommodated
to
Peace
,
requires
this
,
That
the
Authority
and
Counsel
of
making
War
be
in
the
Prince
.
That
in
the
time
of
the
Saxon
Kings
,
the
Power
of
the
Militia
was
in
the
Crown
,
doth
not
obscurely
appear
in
all
the
Laws
for
preserving
the
Peace
,
and
in
that
particularly
I
have
instanced
in
of
King
Aethelstan
;
besides
which
,
we
find
the
Tenth
Law
of
King
Canutus
ordained
,
That
Fenced
Towns
,
Burghote
&
Brighote
beonon
forth
&
scip
forthunga
aginne
man
georne
&
frythunga
eac
swa
a
th
one
thearf
sy
for
●e
men
licre
neode
.
LL.
Canute
10.
or
Burghs
and
Bridges
be
repaired
,
and
there
be
preparations
for
defence
both
of
Land
and
Sea-Forces
,
so
often
as
the
necessity
of
the
Commonweal
requires
it
.
The
69th
.
Chapter
of
Hereots
runs
thus
,
Every
Earl
to
pay
Eight
Horses
,
whereof
four
with
Saddles
,
and
four
without
Saddles
;
four
Helmets
,
and
so
many
Coats
of
Mail
,
eight
Spears
and
eight
Shields
,
four
Swords
,
and
twelve
Mancusae
of
Gold
:
and
a
principal
Thane
,
half
the
number
,
and
other
Thanes
a
lesser
proportion
,
as
may
be
there
seen
:
By
which
there
seemeth
some
beginning
of
a
Feudal
Tenure
,
which
in
William
the
Conqueror's
time
was
so
settled
,
that
(
as
elsewhere
I
have
noted
)
all
Persons
held
of
him
their
Lands
in
Knights
Service
,
to
be
ready
at
his
pleasure
with
Horse
,
Men
,
and
Arms
;
the
which
was
practised
in
succeeding
Ages
.
The
Statute
30.
Octob.
7
E.
1.
saith
,
That
it
being
accorded
of
late
,
that
in
our
next
Parliament
,
Provision
should
be
made
,
that
in
all
Parliaments
,
Treaties
,
and
other
Assemblies
which
should
be
made
in
the
Realm
of
England
for
ever
,
that
every
man
shall
come
without
all
Forces
,
and
Armors
,
peaceably
to
the
Honour
of
us
,
and
the
Peace
of
us
and
our
Realm
.
Now
all
Prelates
,
Earls
,
&c.
have
said
,
that
to
us
it
belongeth
,
and
our
part
is
through
our
Royal
Signiory
to
[
](A46988-e161870-b)*
*
i.e.
forbid
.
defend
force
of
Arms
,
and
all
other
force
against
our
Peace
at
all
times
,
when
it
shall
please
us
;
and
to
punish
them
which
shall
do
contrary
,
according
to
our
Laws
,
and
usages
of
our
Realm
:
and
hereunto
they
are
bound
to
aid
us
their
Soveraign
Lord
at
all
seasons
.
In
3
Ed.
3.
[
](A46988-e161910-b)(f)
(f)
Cap.
2.
the
Commons
decline
the
having
Cognizance
of
such
matters
,
as
guarding
the
Seas
,
and
Marches
of
England
,
but
refer
it
wholly
to
the
King
;
and
25
E.
3.
it
is
High
Treason
to
levy
War
against
the
King
,
or
aid
them
that
do
it
.
Also
the
Statute
of
[
](A46988-e161950-b)(g)
(g)
11
H.
7.
c.
18.
H.
7.
saith
,
Every
Subject
by
duty
of
his
Allegiance
is
to
serve
and
assist
his
Prince
and
Soveraign
Lord
,
at
all
seasons
when
need
shall
require
.
There
is
nothing
more
indisputably
owned
by
all
that
understand
the
Laws
,
than
that
it
was
High
Treason
by
the
Common
Law
,
before
the
Statute
of
25
E.
3.
for
any
Subject
to
levy
War
within
the
Realm
,
without
Authority
from
the
King
;
it
being
one
of
the
Rights
of
Majesty
,
Badges
of
Supreme
Power
,
and
incommunicable
Prerogatives
of
the
Crown
,
saith
my
Lord
[
](A46988-e162010-b)*
*
3
Instit.
c.
9.
Coke
,
and
with
him
consent
all
the
long
Robe
.
In
a
Speech
in
the
Star-Chamber
to
the
Justices
in
Queen
Elizabeth's
time
,
the
Chancellor
tells
them
that
the
Queen
had
levied
Forces
,
and
Reason
willeth
,
and
the
obedience
of
good
Subjects
requireth
,
that
all
things
that
the
Prince
commandeth
for
defence
of
the
State
,
should
by
the
Subjects
diligently
,
and
obediently
be
performed
for
dutys
sake
,
either
not
examining
the
cause
,
or
presuming
the
best
cause
;
but
at
that
time
she
was
pleased
to
signifie
the
cause
of
her
doings
.
As
to
the
King
of
England's
making
War
,
and
Peace
abroad
,
it
hath
always
been
owned
as
the
King
's
sole
Prerogative
;
and
when
some
Parliaments
have
addressed
to
our
Kings
,
to
make
War
or
Peace
,
contrary
to
what
the
Soveraign
judged
convenient
,
they
have
been
advertised
of
their
Duties
:
yet
when
War
is
to
be
made
in
remote
Countries
,
which
cannot
be
performed
without
great
Expence
,
much
time
,
and
the
exhausting
of
the
Kingdoms
Forces
,
That
the
People
may
more
chearfully
serve
their
Prince
and
Country
,
and
that
the
Exchequer
may
not
be
too
much
diminished
,
whereby
the
usual
Charges
of
the
Government
may
not
be
substracted
;
Kings
have
upon
good
Reason
,
proposed
the
Matter
to
their
Parliaments
,
whereby
necessary
Aids
might
be
sufficiently
supplied
.
The
Laws
now
in
force
concerning
the
Militia
,
are
,
That
the
[
](A46988-e162090-b)(k)
(k)
13
Car.
2.
c.
6.
14
Car.
2.
c.
3.
King
hath
the
Prerogative
alone
,
to
dispose
of
the
Militia
of
the
Nation
,
to
make
War
and
Peace
,
Leagues
and
Truces
,
to
grant
Safe-Conduct
,
without
the
Parliament
;
and
he
may
issue
out
Commissions
of
Lieutenancy
,
impowering
them
to
form
into
Regiments
,
to
lead
them
,
and
employ
them
as
well
within
their
own
,
as
other
Countries
,
as
the
King
shall
direct
,
to
suppress
Insurrections
,
Rebellions
,
and
Invasions
.
He
hath
the
Command
of
all
the
Forts
,
and
places
of
Strength
,
and
alone
to
have
the
keeping
and
Command
of
the
Magazins
of
Arms
,
he
alone
to
give
Letters
of
Mark
and
Reprizal
,
in
times
of
War
,
to
give
Safe-Conduct
for
Merchants
,
to
make
a
stop
of
Trades
as
he
sees
cause
.
In
the
time
of
danger
,
and
for
defence
of
the
[
](A46988-e162150-b)(l)
(l)
Coke
7.
25.
Realm
,
may
command
all
his
Subjects
to
Arm
,
and
they
are
to
assist
him
,
and
for
this
the
Commission
of
Array
may
be
made
use
of
,
and
all
the
Courts
of
Officers
of
War
in
a
time
of
War
,
are
his
Prerogative
,
and
the
Subjects
are
to
serve
the
King
within
the
Kingdom
,
against
Rebels
,
and
Traytors
,
[
](A46988-e162160-b)(m)
(m)
Jenkins
Cent.
6.
Case
14.26.89
.
without
Pay
or
Wages
;
and
this
as
it
seems
,
in
any
part
of
the
Nation
,
especially
if
the
King
go
himself
.
The
Subject
(
except
in
an
extraordinary
[
](A46988-e162200-b)(n)
(n)
Coke
7.8
.
Case
)
is
not
to
be
forced
out
of
the
Realm
,
unless
it
be
to
go
with
the
Kings
Person
;
nor
in
any
case
,
unless
upon
the
sudden
Invasion
or
Assault
of
an
Enemy
,
to
serve
the
King
without
wages
:
and
the
King
in
time
of
War
may
take
any
mans
[
](A46988-e162220-b)(o)
(o)
I
e.
3.
Stat.
1.
2
Eliz.
c.
2.
House
to
build
a
Fort
,
or
make
a
Bulwark
upon
any
mans
Land
.
But
the
King
may
not
rate
the
Nation
to
pay
any
money
towards
any
War
of
his
.
It
is
true
in
time
of
Peace
the
King
cannot
quarter
his
Military
Forces
without
the
consent
of
the
respective
Subjects
,
nor
raise
money
without
Act
of
Parliament
,
for
the
maintenance
of
any
Army
:
so
that
the
Subject
(
while
they
keep
dutiful
)
are
in
no
danger
of
oppression
by
such
a
Power
;
yet
without
a
competent
Standing
Force
,
and
Guard
,
Some
Standing
Forces
necessary
.
at
the
Kings
absolute
pleasure
,
what
Livy
saith
of
the
Senate
,
[
](A46988-e162280-b)(p)
(p)
Timor
inde
Patres
incessit
,
ac
si
dimissus
exercitus
foret
,
rursus
c●tus
,
occultaeque
conjurationes
fierent
.
Lib.
6.
The
Long
Parliaments
Claim
of
the
Militia
.
would
be
most
true
of
all
Soveraigns
,
That
if
the
Forces
were
dismissed
,
unlawful
Assemblies
,
and
covert
Conspiracies
would
be
again
set
on
foot
.
The
longest
lived
mischievous
Parliament
,
that
any
English
History
can
record
,
knowing
that
they
could
not
effect
their
designs
of
weakning
the
King
without
the
Power
of
the
Militia
(
though
they
had
a
numerous
Party
prepared
to
espouse
their
Interest
,
and
as
ready
for
Rebellion
as
they
could
desire
)
yet
that
they
might
have
some
colour
for
justifying
their
proceedings
,
pretended
necessity
of
putting
the
Kingdom
into
a
posture
of
defence
,
against
foreign
Invasions
(
which
by
subtile
Plots
,
they
possessed
the
people
they
had
Intelligence
of
)
and
for
fear
of
any
violence
to
be
offered
to
themselves
,
or
that
the
King
seduced
by
evil
Counsellors
,
should
set
up
Arbitrary
Power
:
so
having
obtained
that
Fatal
Act
of
not
being
to
be
dissolved
without
their
own
consent
,
issued
out
their
Commissions
for
Levying
,
Trayning
,
and
Exercising
Forces
in
all
Counties
,
where
they
had
power
,
by
no
Law
,
or
colour
of
Law
,
but
that
of
pretended
imminent
danger
,
wherein
the
King
refused
to
grant
Commissions
to
such
as
they
could
confide
in
for
their
aforesaid
purposes
.
All
which
was
but
colour
and
shew
to
wrest
the
Power
out
of
the
Kings
hands
.
To
obviate
such
like
mischievous
practices
for
the
future
,
upon
his
Majestys
happy
Restauration
,
it
was
enacted
,
and
declared
,
The
Claims
of
any
Right
of
the
Two
Houses
to
the
Militia
,
totally
vacated
.
That
the
sole
supreme
Government
,
Command
,
and
disposition
of
the
Militia
,
and
all
Forces
by
Sea
and
Land
,
and
of
all
places
of
strength
,
&c.
is
,
and
by
the
Law
of
England
ever
was
the
undoubted
right
of
his
Majesty
,
and
his
Royal
Predecessors
Kings
and
Queens
of
England
,
and
that
both
,
or
either
of
the
Houses
of
Parliament
,
cannot
,
nor
ought
to
pretend
to
the
same
,
nor
can
or
lawfully
may
raise
,
or
levy
War
,
offensive
or
defensive
,
against
his
Majesty
his
Heirs
and
lawful
Successors
.
So
that
now
that
great
Controversy
which
wasso
violently
disputed
to
the
loss
of
so
much
English
Blood
and
Treasure
;
is
I
hope
eternally
determined
,
never
again
to
be
revived
without
an
horrid
prosperous
Rebellion
:
and
this
Prerogative
of
the
Crown
being
thus
guarded
by
Law
,
will
never
more
be
attacked
while
the
Royal
line
continues
;
which
is
to
be
hoped
,
and
wished
,
will
without
interruption
,
be
prolonged
while
the
British
Soil
exists
.
CHAP.
XXXVI
.
Concerning
raising
of
Money
upon
the
Subject
,
and
the
obligation
of
Subjects
to
supply
the
Soveraign
.
AS
to
the
raising
of
Money
for
the
support
of
Government
,
I
have
discoursed
something
in
the
Title
of
Property
,
and
shall
here
only
treat
of
the
necessity
in
all
Government
,
That
the
Soveraign
be
plentifully
supplyed
with
a
Revenue
suitable
to
the
charge
.
Although
Darius
the
Persian
be
reckoned
by
Herodotus
one
of
the
first
that
exacted
Tribute
;
The
necessity
of
Tributes
and
Aids
.
yet
it
cannot
be
conceived
but
that
ever
since
there
was
a
Prince
who
commanded
large
Countrys
,
and
had
potent
Neighbours
,
Tribute
,
Aid
,
and
such
like
provision
was
exacted
of
the
people
for
the
defraying
the
necessary
charges
of
it
.
So
Tacitus
[
](A46988-e162490-b)(a)
(a)
Nec
enim
quies
gentium
sine
armis
,
nec
arma
sine
stipendiis
,
nec
stipendia
sine
tributis
.
4.
Hist
.
tells
us
,
That
we
may
be
preserved
in
Peace
,
Arms
are
necessary
,
and
they
cannot
be
provided
for
without
Taxes
.
The
Subjects
receive
the
benefit
of
protection
,
and
by
the
care
of
the
Government
,
peaceable
possession
of
their
Houses
,
Fields
and
Cattle
,
Liberty
of
Trade
,
dispensation
of
Justice
,
and
other
great
Emoluments
by
its
guard
and
vigilance
;
which
require
a
numerous
retinue
of
Officers
of
State
,
Justice
,
and
War
,
and
Multitude
of
subordinate
Ministers
.
Something
also
must
be
allowed
for
the
grandeur
and
port
is
necessary
for
the
regulating
it
at
home
and
abroad
,
the
maintaining
Correspondence
by
Ambassadors
,
the
providing
for
defence
against
foreign
Invasions
,
and
preserving
Tranquillity
at
home
;
in
all
which
the
Publick
is
concerned
:
therefore
the
reason
is
very
just
,
and
equitable
,
that
besides
a
standing
Revenue
for
defraying
these
constant
charges
,
there
should
be
subsidiary
supplys
upon
emergencies
,
adequate
to
the
occasions
.
As
Cicero
justly
admonisheth
,
Da
operam
ut
omnes
intelligant
si
salvi
esse
volunt
,
necessitati
esse
parendum
:
That
the
Subjects
be
made
to
understand
,
that
if
they
will
be
safe
,
As
the
Subject
is
protected
,
so
he
ought
to
support
the
Government
.
they
must
yield
to
necessity
this
absolute
necessity
of
parting
with
a
portion
of
their
Estates
,
for
securing
the
rest
.
For
though
it
be
prudence
in
a
private
man
,
justly
,
and
moderately
to
enrich
himself
;
yet
craftily
to
withhold
from
the
Publick
,
and
to
defraud
it
of
such
parts
of
the
Wealth
,
as
is
by
Law
required
,
is
no
sign
of
prudence
(
saith
Mr.
Hobs
as
judiciously
as
any
position
he
lyes
down
:
)
but
want
of
knowledge
of
what
is
necessary
,
Civil
War
.
for
their
own
defence
,
and
covetousness
to
part
with
nothing
they
can
hold
,
makes
this
restive
humour
in
many
.
That
the
Kings
of
England
have
quitted
that
Soveraign
badge
of
raising
money
upon
the
Subject
,
by
their
own
Impositions
,
without
consent
of
Parliament
,
is
manifest
since
Edward
the
First
's
time
.
[
](A46988-e162600-b)(b)
(b)
27
E.
1.
c.
5.
Anno
1299.
The
Act
for
which
runs
thus
,
For
so
much
as
divers
People
of
our
Realm
are
in
fear
,
that
the
Aids
and
Tasks
,
which
they
have
given
us
before
time
,
towards
our
Wars
,
and
other
business
,
of
their
own
grant
and
good
will
(
howsoever
they
were
made
)
might
turn
to
a
Bondage
to
them
and
their
Heirs
,
because
they
might
be
at
another
time
found
in
the
Rolls
,
and
likewise
for
the
prices
taken
throughout
the
Realm
by
our
Ministers
:
We
have
granted
for
us
and
our
Heirs
,
that
we
shall
not
draw
such
Aids
,
Task
nor
Prices
into
a
Custom
,
for
any
thing
that
hath
been
done
heretofore
,
be
it
by
Roll
or
any
other
Precedent
that
may
be
found
.
[
](A46988-e162620-b)(c)
(c)
Cap.
6.
The
next
is
thus
;
Moreover
we
have
granted
for
us
and
our
Heirs
,
as
well
to
Archbishops
,
Bishops
,
Abbats
,
Priors
,
and
other
folk
of
Holy
Church
,
as
also
to
Earls
,
Barons
,
and
to
all
the
Commonalty
of
the
Land
;
that
for
no
business
from
henceforth
,
we
shall
take
such
manner
of
Aids
,
Tasks
,
nor
Prices
,
but
by
the
common
assent
of
the
Realm
,
and
for
the
common
profit
thereof
,
See
for
this
the
Charter
of
King
John
.
saving
the
ancient
Aids
and
Prices
due
and
accustomed
.
These
being
not
fully
enough
expressed
,
the
Statute
of
34.
E.
1.
though
as
short
in
words
as
any
to
be
found
,
yet
is
of
the
largest
extent
,
and
as
liberal
a
Boon
of
Royal
bounty
,
as
any
People
can
boast
of
from
their
Prince
.
It
is
thus
,
No
Tallage
or
Aid
shall
be
taken
or
levied
by
Us
,
or
our
Heirs
in
our
Realm
,
without
the
good
will
and
assent
of
Archbishops
,
Bishops
,
Earls
,
Barons
,
Knights
,
Burgesses
,
and
other
Free-men
of
the
Land
.
Therefore
all
those
who
would
enjoy
the
benefit
of
this
Law
,
must
take
care
they
preserve
the
Succession
and
the
two
Houses
of
Parliament
.
[
](A46988-e162680-b)(d)
(d)
MS.
Speech
,
second
Parl.
El●z
.
an.
1562.
Inducements
to
supply
the
Sovereign
.
The
Lord
Chancellor
in
Queen
Elizabeth's
time
,
thus
by
the
Queens
command
discourseth
to
the
Houses
,
If
when
any
part
of
the
natural
Body
hap
to
be
in
danger
,
the
Head
and
every
part
hasteth
to
the
relief
;
so
how
inconvenient
and
unnatural
is
it
,
when
danger
is
offered
to
the
whole
,
that
the
Head
should
take
the
whole
care
,
and
bear
the
whole
burthen
,
and
the
Members
remain
uncareful
and
uncharged
.
It
is
certain
[
](A46988-e162720-b)(e)
(e)
Coke
Instit.
1.90
.
the
Prince
can
make
no
War
of
any
great
concernment
,
without
the
assistance
of
his
Subjects
Purses
as
well
as
Bodies
,
unless
all
would
voluntarily
serve
upon
their
own
charges
:
for
that
neither
sudden
dangers
can
be
evaded
,
nor
Forces
raised
,
and
all
things
necessary
for
them
provided
,
nor
peace
be
long
preserved
,
when
the
Prince
hath
an
empty
Exchequer
;
for
Treasure
is
Firmamentum
Belli
,
&
Ornamentum
Pacis
.
A
late
[
](A46988-e162760-b)(f)
(f)
States
of
France
.
Objection
.
French
Author
,
concerning
his
own
Country
,
makes
this
objection
,
That
Princes
having
assigned
for
their
usual
charges
of
the
Government
,
Tribute
and
other
Incomes
,
they
ought
to
be
therewith
contented
,
and
not
without
occasion
raise
new
Taxes
to
the
detriment
of
the
Liege
people
,
and
contrary
to
the
intention
of
the
Trust
:
Yet
he
owns
this
ought
to
be
soberly
understood
;
for
a
wise
Physician
applies
those
Remedies
necessary
without
the
Patient's
leave
,
and
will
force
him
,
though
by
cutting
off
a
Limb
,
to
save
his
life
.
So
when
there
may
happen
a
necessity
,
urgent
and
unforeseen
,
that
either
will
suffer
no
delay
,
or
which
ought
not
for
some
time
to
be
divulged
;
in
such
cases
(
saith
he
)
the
King
without
the
States
,
and
whether
they
will
or
no
,
may
lay
new
Impositions
,
and
make
all
other
necessary
provisions
,
by
the
absolute
Power
he
hath
to
rule
,
and
preserve
his
State
and
Subjects
,
he
not
being
able
to
defend
them
without
necessary
Forces
:
Therefore
in
such
occasions
it
is
to
be
supposed
,
that
with
the
Power
of
Government
,
there
is
transferred
to
the
Prince
the
Power
to
do
that
,
without
which
good
Government
cannot
be
executed
;
but
when
there
is
not
that
kind
of
necessity
,
the
States
are
called
.
Thus
far
my
Author
.
Since
therefore
[
](A46988-e162800-b)(g)
(g)
Coke
1.
Insiit
.
p.
161.
qui
diruit
medium
,
destruit
finem
,
he
that
takes
away
the
necessary
means
,
for
a
King
to
preserve
his
people
in
uncommon
events
,
hazards
the
ruine
of
the
People
;
some
have
inferred
that
when
dangers
should
be
so
sudden
,
that
there
could
not
be
time
to
convene
a
Parliament
,
or
that
such
a
Parliament
met
,
should
for
some
design
,
deny
the
Prince
Money
,
then
the
Kings
Prerogative
might
extend
to
the
raising
of
Money
;
and
they
instance
in
the
Loans
by
Privy
Seals
,
exacted
upon
the
Subjects
even
in
Queen
Elizabeth's
time
.
This
indeed
was
the
Plea
for
Ship-money
,
and
as
the
case
was
stated
by
King
Charles
the
First
,
Concerning
Ship-Money
.
all
the
Judges
once
subscribed
their
affirmative
opinions
(
though
Mr.
Justice
Hutton
and
Crooke
retracted
after
)
and
with
great
learning
the
case
was
argued
,
and
Judgment
given
in
favour
of
the
King
:
Yet
he
hoping
,
by
the
yielding
to
the
abolishing
of
it
,
to
have
stopped
the
misery
of
a
War
,
consented
to
an
Act
for
that
purpose
;
yet
that
prevented
not
the
Inundation
of
blood
:
and
we
found
those
men
,
that
moved
Heaven
and
Earth
with
their
clamours
against
the
King
,
as
governing
arbitrarily
;
when
they
got
the
Power
,
made
it
their
dayly
practice
,
to
lay
what
unprecedented
illegal
Taxes
they
pleased
on
their
fellow
Subjects
,
to
the
value
,
as
some
compute
,
of
Forty
Eight
Millions
.
Therefore
all
Judicious
persons
,
lovers
of
their
King
,
The
Advantages
to
Prince
and
People
,
when
the
Crown
is
liberally
provided
for
.
Country
and
Posterity
,
finding
the
sad
effects
those
disputes
brought
to
the
Blessed
King
and
the
whole
Kingdom
,
will
think
it
a
necessary
prudence
in
a
Prince
,
to
have
always
such
a
provision
of
Money
ready
,
as
will
enable
him
in
all
difficulties
,
that
may
occur
in
the
Administration
of
the
Government
,
without
being
obliged
to
part
with
any
of
his
Royal
Prerogatives
,
when
any
discontented
or
designing
Factious
Members
shall
be
able
to
take
advantage
of
his
Wants
,
whereby
to
drive
their
barter
with
the
Crown
;
for
thereby
he
shall
defeat
their
ends
.
On
the
other
side
it
will
be
the
most
prudent
and
dutiful
course
both
for
their
own
security
,
and
the
Princes
honour
,
for
Parliaments
upon
all
just
and
honourable
Wars
,
or
occasions
of
assisting
Allies
,
preparing
Fleets
in
readiness
,
upon
necessary
defence
,
to
assist
the
Prince
liberally
,
and
repay
out
of
the
Publick
,
what
for
publick
Service
he
hath
expended
out
of
his
own
Revenue
,
rather
than
he
should
be
in
disesteem
with
his
Neighbours
and
Allies
;
whereby
the
honour
of
the
Prince
,
and
consequently
of
his
Subjects
,
should
be
Eclipsed
,
or
he
be
necessitated
to
take
any
unusual
course
for
raising
Money
,
or
be
compelled
to
make
any
inglorious
Peace
:
for
we
can
never
forget
,
how
the
want
of
supplies
to
King
Charles
the
First
,
brought
not
only
Ship-money
,
and
Knight-hoodmony
,
Monopolies
,
and
the
long
disuse
of
Parliaments
,
but
at
last
that
most
calamitous
War
upon
the
whole
Nation
.
We
cannot
forget
how
zealous
an
House
of
Commons
was
of
late
to
prevent
any
Arbitrariness
,
as
it
was
insinuated
,
Decemb.
17.1680
.
The
Care
of
some
Parliaments
to
keep
the
King
poor
.
in
the
late
King
,
so
that
they
voted
a
Bill
to
be
brought
in
against
illegal
Exaction
of
Money
upon
the
People
,
under
the
Penalty
of
Treason
,
not
foreseeing
that
the
Charters
of
the
City
of
London
,
and
many
other
Corporations
,
were
forfeitable
upon
that
account
;
which
if
it
had
been
made
Treason
,
the
King
had
got
a
good
Revenue
,
against
the
intentions
of
those
who
in
all
appearance
voted
for
a
contrary
end
:
which
further
appeared
in
their
Vote
Jan.
the
7th
following
[
](A46988-e162960-b)(h)
(h)
Address
,
part
3.
That
whosoever
should
lend
,
or
cause
to
be
lent
,
by
way
of
advance
,
any
Money
upon
the
branches
of
the
Kings
Revenue
,
arising
by
Customs
,
Excise
or
Hearth-money
,
(
the
three
principal
branches
)
should
be
judged
to
hinder
the
sitting
of
Parliament
,
and
be
responsible
for
the
same
in
Parliament
.
So
that
they
would
give
nothing
themselves
,
but
as
much
as
in
them
lay
,
terrified
others
from
lending
,
or
advancing
any
Money
to
him
;
which
was
not
according
to
their
Writ
,
to
advise
,
but
by
duress
and
force
to
compel
the
King
to
submit
to
their
Judgments
:
and
instead
of
giving
him
Assistance
to
support
his
Allies
,
and
enable
him
to
preserve
Tangier
,
they
tended
to
the
disenabling
him
from
contributing
to
either
by
his
own
Revenue
and
Credit
;
not
only
exposing
him
to
the
dangers
that
might
happen
either
at
home
or
abroad
,
but
endeavouring
to
deprive
him
of
the
Possibility
of
supporting
the
Government
it self
,
and
reduce
him
to
a
more
helpless
Condition
than
the
meanest
of
his
Subjects
,
as
the
King
sadly
and
justly
complained
;
and
in
that
Vote
the
Subjects
Liberty
and
Property
was
invaded
,
in
that
he
could
not
dispose
of
his
Money
to
his
own
Profit
,
and
the
Benefit
of
the
Government
,
if
either
Insurrection
or
Rebellion
happened
in
the
interval
of
Parliament
,
or
a
foreign
Force
on
a
sudden
should
attacque
us
:
yet
these
Gentlemen
would
be
counted
Loyal
and
Dutiful
Subjects
.
It
is
not
to
be
denyed
,
but
that
if
a
Prince's
standing
Revenue
were
so
great
,
that
by
it
he
might
not
only
support
the
ordinary
expences
of
the
Government
,
but
lay
by
a
summ
sufficient
to
defray
all
extraordinary
incident
Charges
,
either
occasioned
by
intestine
Rebellions
,
or
foreign
Invasions
;
that
a
King
should
not
have
occasion
to
have
so
often
recourse
to
Parliaments
for
Aids
.
Yet
when
we
consider
,
that
there
would
be
many
other
occasions
of
frequent
convening
that
great
Council
,
for
making
wholesom
Laws
,
which
is
one
great
Portion
of
their
Business
;
and
that
the
Subjects
never
can
be
happy
under
a
poor
Prince
,
who
thereby
should
be
brought
into
contempt
,
and
how
much
greater
mischiefs
accrue
to
the
Subjects
,
by
rendring
their
Prince
impotent
,
and
unable
to
preserve
them
from
factious
disturbers
of
their
Peace
and
Repose
,
and
the
preserving
their
Properties
,
as
well
as
the
defending
them
from
the
designs
of
foreign
Princes
who
would
injure
our
Merchants
,
lock
us
in
our
Island
,
and
force
us
to
sell
our
own
native
Commodities
,
and
receive
theirs
at
what
Rates
they
pleased
,
if
our
Soveraign
were
not
able
to
keep
a
sufficient
Fleet
,
and
infinite
other
Mischiefs
,
which
would
accompany
a
starved
Exchequer
;
we
should
too
late
find
that
the
Expence
of
many
Millions
would
not
again
restore
us
to
that
condition
of
Prosperity
and
Renown
,
that
one
,
timely
bestowed
on
our
Prince
,
would
preserve
us
in
.
It
is
much
less
Charge
to
keep
in
good
Repair
,
a
well-built
Fort
,
Castle
,
or
Man
of
War
,
than
to
build
a
new
one
,
especially
if
,
upon
the
demolishing
of
the
old
,
we
were
to
fight
for
the
Ground
and
Materials
,
whereupon
and
wherewith
we
should
build
the
new
.
It
is
a
singular
Security
to
the
English
Subject
,
that
no
Money
can
be
levied
upon
him
,
but
by
Act
of
Parliament
,
to
which
in
his
Representatives
he
gives
his
Consent
:
and
the
House
of
Commons
is
generally
careful
that
they
understand
a
great
necessity
,
ere
they
pass
any
Money-bill
;
yet
we
have
known
in
our
Age
some
,
that
have
stood
upon
such
terms
with
their
Sovereign
,
that
either
he
hath
chosen
rather
to
want
Supplies
,
than
have
them
upon
such
hard
Terms
,
or
their
Principals
have
suffered
a
thousand
times
more
by
such
denials
,
than
they
had
done
if
they
had
been
granted
.
So
was
Constantinople
lost
to
the
Turks
,
for
want
of
furnishing
the
Emperor
with
the
hundredth
part
of
that
which
the
victorious
Enemy
plundered
the
Citizens
of
;
and
so
the
Count
Palatine
,
elected
King
of
Bohemia
,
lost
that
Kingdom
,
and
all
his
Hereditary
Seigniories
,
by
unfurnishing
his
Soldiers
with
present
Pay
,
when
he
had
it
by
him
.
And
how
many
suffer
by
the
want
of
a
liberal
and
proportionable
Supply
,
to
pay
off
the
Debts
of
the
Exchequer
,
is
too
sadly
felt
by
many
;
and
if
the
Parliament
of
1639.
had
furnished
King
Charles
the
First
with
twelve
Subsidies
(
as
it
appears
by
the
sequel
,
)
the
Expence
of
four
times
as
many
Millions
,
besides
the
infinite
quantity
of
Christian
Blood
shed
in
the
ensuing
War
,
had
been
prevented
in
all
humane
probability
.
Therefore
it
is
to
be
hoped
that
both
Parliaments
will
be
careful
to
supply
the
wants
of
the
Crown
;
and
Princes
will
for
the
future
,
be
as
careful
so
to
imploy
the
Monies
given
,
that
they
may
encourage
their
Subjects
(
as
often
as
the
urgency
of
Affairs
may
require
it
)
to
give
freely
what
may
be
useful
,
and
sufficient
for
their
Kings
urgent
occasions
.
[
](A46988-e163100-b)(i)
(i)
Nec
juv●ntam
armis
civilibus
aut
domesticis
discordiis
imbutam
,
nulla
odia
,
nullas
injuri
is
nec
cupidinis
ultionem
afferre
.
13.
Annal.
c.
1.
It
is
noted
by
Tacitus
,
that
Nero
coming
to
the
Empire
,
told
the
Senate
that
he
being
not
brought
up
in
Civil
Wars
,
or
domestical
discords
,
would
bring
with
him
neither
hatred
nor
grudge
,
nor
desire
of
Revenge
,
and
promised
them
many
good
things
,
which
were
very
acceptable
[
](A46988-e163140-b)(k)
(k)
An
cuncta
vectigalia
omitti
juberet
:
Idque
pulcherrimum
donum
generl
mortalium
daret
,
Sed
impetum
ejus
,
multum
prius
laudata
animi
magnitudine
,
attenuere
Senatores
,
dissolutionem
Imperii
docendo
,
si
fructus
quibus
Respublica
sustineretur
;
diminuerentur
.
Lib.
13.
c.
12.
to
the
Senate
and
People
;
but
doubting
with
himself
whether
it
were
best
to
command
that
no
more
Subsidies
or
Tributes
should
be
levied
,
but
he
should
bestow
so
fair
a
Donative
on
the
World
;
though
this
commended
the
Bounteousness
of
his
Mind
;
yet
the
Lords
of
the
Senate
stayed
him
from
such
a
Resolution
,
telling
him
,
It
would
be
the
Dissolution
of
the
Empire
,
if
the
Revenues
,
by
which
it
was
sustained
,
should
be
diminished
.
These
,
and
such
Considerations
,
that
ever
to
be
Renowned
House
of
Commons
,
convened
23
May
,
1685.
have
had
,
and
with
an
unaccustomed
speed
,
supplied
the
King
plentifully
;
which
was
a
most
effectual
means
to
stifle
the
Rebellion
of
the
late
Duke
of
Monmouth
,
and
the
Earl
of
Argile
:
and
such
chearful
Aids
will
render
his
Majesty
able
to
pursue
his
most
Princely
Design
,
not
only
of
making
the
English
Name
more
considered
and
respected
abroad
;
The
King's
Speech
,
30
May
,
1685.
but
of
carrying
the
Reputation
of
it
yet
higher
in
the
World
,
than
it
has
been
in
the
time
of
many
of
his
Royal
Ancestors
.
Which
induced
the
most
wise
King
to
tell
them
,
That
the
readiness
and
chearfulness
that
attended
the
dispatch
of
it
,
was
as
acceptable
to
him
as
the
Bill
it self
;
and
that
he
would
not
call
upon
them
for
Supplies
,
but
when
they
should
be
of
publick
use
and
advantage
;
and
that
he
would
manage
what
they
gave
,
with
good
Husbandry
,
and
take
care
to
employ
them
to
the
uses
for
which
he
asked
them
.
So
long
as
such
a
considerately
liberal
Mind
continueth
in
the
two
Houses
,
and
the
Money
is
lodged
in
the
Exchequer
of
such
a
Prince
,
we
may
presage
a
most
happy
time
,
and
neither
fear
intestine
Rebellions
,
nor
foreign
Enemies
;
and
besides
the
unspeakable
Benefits
to
our selves
,
the
advantage
must
redound
to
his
Majesties
Allies
,
and
the
general
Repose
of
Christendom
may
depend
much
upon
it
:
there
being
little
doubt
to
be
made
,
but
if
our
late
Soverereign
of
Blessed
Memory
,
had
been
seasonably
and
effectually
supplied
,
the
Lilies
of
France
had
not
been
so
rankly
planted
and
secured
in
Flanders
,
nor
been
watered
with
so
much
Christian
Blood
;
nor
probably
had
we
at
home
been
in
so
imminent
a
danger
of
a
Civil
War
,
as
we
were
by
the
subtile
Devices
of
those
who
knew
that
the
Royal
Eagle
could
make
no
extraordinary
flight
,
when
his
Golden
Pinions
were
shortned
.
CHAP.
XXXVII
.
Of
the
Nobility
.
HAving
hitherto
treated
of
the
Excellency
of
Government
,
and
particularly
of
that
of
England
,
and
the
just
and
beneficial
Soveraignty
of
the
Prince
,
under
several
Heads
;
Method
requires
that
I
speak
something
of
the
Subjects
,
who
they
are
and
their
Duties
;
and
lastly
of
the
causes
of
Disturbance
,
or
Dissolution
of
Government
,
by
Faction
,
Sedition
,
Conspiracy
and
Rebellion
:
of
which
in
order
,
and
first
of
the
Nobility
,
as
those
who
justly
make
the
greatest
Figure
in
the
Government
,
next
to
the
Royal
Lineage
.
The
[
](A46988-e163330-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Polit.
l
4.
c.
4.
Philosopher
makes
four
kinds
of
Nobility
.
First
,
such
as
have
the
Possession
of
great
Riches
,
Several
kinds
of
Nobility
.
and
are
abbe
to
bear
a
great
Port.
Secondly
,
such
as
have
been
so
from
great
Antiquity
.
Thirdly
,
those
that
by
Vertue
,
and
great
Atchievements
,
have
acquired
Honour
and
Renown
.
Lastly
,
such
as
in
Learning
are
Eminent
.
Under
these
Heads
the
Nobility
may
yet
be
ranked
,
if
we
take
it
in
a
large
Sence
,
as
the
fit
Subject
upon
which
the
Sovereign
may
impress
that
Character
.
But
my
design
is
to
speak
of
the
second
and
third
Order
only
.
How
the
Word
Nobiles
hath
been
used
in
the
Latin
and
Greek
Empire
,
when
it
was
the
addition
to
Caesar
in
the
Branches
of
the
Emperors
Families
,
and
how
in
later
times
,
I
shall
not
trouble
the
Reader
with
,
but
refer
the
curious
to
the
most
Learned
Selden
,
and
to
what
I
shall
note
in
the
Chapter
of
the
Gentry
.
Great
Vertues
have
sublimed
their
Bloods
,
A
Character
of
the
Nobility
.
and
separated
them
from
the
dregs
of
the
Crowds
.
Others
are
Vessels
of
Common
Clay
;
they
are
all
China
and
Porcellane
:
others
of
Lead
,
Iron
,
Brass
,
or
Silver
;
they
of
pure
Gold
,
or
Diamonds
of
the
old
Rock
.
They
are
Stars
of
the
first
Magnitude
in
the
Firmament
of
Government
,
yea
the
Firmament
it self
,
betwixt
the
upper
and
the
nether
Waters
;
betwixt
the
pure
Aether
of
Celestial
Intelligences
(
the
Sovereign
and
Princes
of
the
Blood
)
and
the
terrestrial
Waters
of
the
Commons
.
The
Blessed
Medium
,
the
double
Trench
to
defend
the
Crown
and
the
People
.
That
there
should
be
such
illustrious
Persons
is
absolutely
necessary
,
for
that
in
a
Multitude
there
must
be
some
,
Necssity
of
a
Nobility
.
who
designing
to
live
vertuously
,
and
having
Souls
of
a
richer
Composition
,
by
their
own
proper
uncommon
Atchievements
,
and
the
transcendency
of
their
Vertues
,
shall
lay
the
Foundation
of
that
Nobility
,
which
afterwards
enriched
and
augmented
by
the
noble
Actions
of
their
Successors
,
will
make
their
Families
splendid
,
and
Illustrious
.
So
that
Soveraigns
(
the
Fountains
and
Disposers
of
all
Honours
)
justly
reward
them
with
the
Ensigns
of
Nobility
.
The
present
Nobility
,
or
their
noble
Ancestors
,
(
by
fidelity
and
their
great
Capacities
to
serve
the
Crown
and
Commonweal
)
have
been
gilded
with
those
Rayes
,
and
have
Characters
impressed
upon
them
undefaceable
by
any
thing
but
Treason
,
which
taints
their
Blood
;
or
Degeneracy
,
which
smuts
their
Esteem
.
They
are
the
Buttresses
of
the
Throne
,
the
Gold
and
Silver
work
of
the
Regalia
.
[
](A46988-e163540-b)(b)
(b)
St.
Alban's
Essays
,
c.
14.
It
is
a
Reverend
thing
(
saith
the
ingenious
Chancellor
)
to
see
an
ancient
Castle
,
or
Building
,
not
in
Decay
,
Of
Ancient
Nobility
.
or
a
fair
Timber
Tree
,
firm
and
sound
;
how
much
more
to
behold
a
noble
ancient
Family
,
which
hath
stood
against
the
waves
,
and
weather
of
Time
.
New
Nobility
is
but
the
Act
of
Power
,
the
ancient
,
the
Act
of
Time
.
Those
who
are
first
raised
to
Nobility
,
are
commonly
more
vertuous
,
but
less
innocent
;
for
there
is
rarely
any
rising
,
without
a
Commixture
of
good
and
bad
Acts
;
but
it
is
reasonable
that
the
Memory
of
their
Vertues
remain
to
Posterity
,
and
their
Faults
dye
with
themselves
.
[
](A46988-e163600-b)(c)
(c)
—
miserum
est
aliorum
incumbere
famae
,
Ne
collapsa
ruant
subduct
is
tecta
columnis
,
Juv.
Sat.
8.
v.
77
,
78.
It
is
glorious
in
the
Progeny
of
the
old
Nobility
,
and
useful
to
themselves
,
their
King
,
and
Country
,
to
study
to
imitate
the
Perfections
,
and
eschew
the
Imperfections
of
their
noble
Progenitors
,
who
were
Founders
of
their
Families
and
Honours
:
They
no
doubt
were
Learned
,
Judicious
,
and
able
Ministers
of
State
,
such
as
eased
their
Prince
of
their
otherwise
unsupportable
Burthen
of
Government
;
such
as
were
sensible
of
the
true
Fountain
of
Honour
,
true
Patriots
of
their
Country
,
because
zealous
for
the
established
Government
,
and
coveted
not
to
make
themselves
popular
in
opposition
to
their
Prince
.
Honour
is
one
of
the
prime
Badges
of
Nobility
;
The
Use
of
Nobility
.
the
winning
of
that
(
saith
[
](A46988-e163640-b)(d)
(d)
St.
Alban's
Essays
,
Of
Honour
and
Reputation
.
the
learned
Chancellor
)
is
the
revealing
of
a
mans
Virtue
without
disadvantage
.
If
a
man
perform
that
which
hath
not
been
attempted
before
,
or
attempted
and
given
over
,
or
hath
been
atchieved
,
but
not
with
so
good
Circumstances
;
he
hath
purchased
more
Honour
,
than
by
effecting
a
matter
of
greater
difficulty
,
or
Virtue
,
when
he
is
but
a
follower
.
Honour
that
is
gained
,
broken
upon
another
,
hath
the
quickest
reflection
,
like
Diamonds
cut
with
Fucets
;
therefore
it
s
commendable
for
any
to
exceed
his
Competitors
in
Honour
,
by
outshooting
them
in
their
own
Bows
.
[
](A46988-e163680-b)(e)
(e)
Idem
Essays
,
c.
14.
A
Monarchy
,
where
there
is
no
Nobility
at
all
,
(
as
among
the
Turks
)
is
ever
a
pure
and
absolute
Tyranny
.
For
Nobility
attempers
Soveraignty
:
a
great
and
potent
Nobility
addeth
Majesty
to
a
Monarch
,
but
diminisheth
Power
;
putteth
Life
and
Spirit
into
the
People
,
but
presseth
their
Fortunes
.
It
is
well
when
Nobles
are
not
too
great
for
Soveraignty
,
or
Justice
,
and
yet
maintained
in
that
heighth
,
as
the
Insolence
of
Inferiors
may
be
broken
upon
them
,
before
it
come
on
over
fast
upon
the
Majesty
of
Kings
.
A
numerous
Nobility
causeth
Poverty
and
Inconvenience
in
a
State
,
Concerning
numerous
Nobility
.
brings
a
surcharge
of
Expence
;
and
some
falling
to
be
weak
in
Estate
,
it
makes
a
kind
of
Dis-proportion
betwixt
Honour
and
Means
.
To
keep
Nobles
at
some
distance
is
not
amiss
;
but
to
despise
them
,
Kings
to
countenance
their
Nobility
.
may
make
a
King
less
safe
,
and
less
able
to
perform
any
thing
he
desires
.
This
Henry
the
Seventh
did
,
and
though
they
continued
Loyal
to
him
,
yet
they
did
not
co-operate
with
him
in
his
Business
.
The
reason
of
State
,
that
we
may
presume
,
swayed
with
so
wise
a
King
,
was
,
for
that
the
Wars
betwixt
the
Houses
of
York
and
Lancaster
had
been
carried
on
by
the
sidings
of
the
Nobility
,
who
had
in
those
Days
numerous
Retinues
;
the
younger
Sons
of
the
Gentry
,
and
sometimes
the
elder
,
making
a
great
part
of
the
vast
Families
of
Noblemen
,
and
their
Tenents
holding
their
Lands
by
small
Rents
,
and
due
Service
,
enabled
them
to
make
great
alterations
in
the
State
,
accordingly
as
the
chief
of
the
Nobility
were
combined
.
So
that
he
made
Laws
against
the
number
of
Retainers
to
lessen
such
dependences
;
and
likewise
bringing
in
use
the
making
of
Leases
,
made
the
Tenents
less
obliged
to
their
Lords
,
paying
their
Rents
;
and
by
such
Tenures
for
Years
,
Honours
not
to
be
too
common
.
they
grew
Rich:
so
that
thereby
Freeholders
exceedingly
encreased
,
and
all
this
helped
to
subduct
from
the
Power
of
the
Nobility
.
Honours
are
not
rashly
to
be
made
common
,
or
prodigally
given
;
otherwise
they
grow
dis-esteemed
,
and
unregarded
:
rare
and
few
Honours
are
more
glorious
(
saith
[
](A46988-e163810-b)(f)
(f)
Honores
non
ess●
remere
pervulgandos
aut
essuse
dandos
,
alioquin
eos
obsoleseere
;
raros
enim
honores
&
tenues
esse
gloriosos
,
effusos
&
pervulgatos
esse
obsoletos
&
contemptos
.
Giphanii
Com.
in
cap.
3.
lib.
5.
olit
.
Arist.
the
judicious
Comentator
;
)
diffused
,
and
common
,
bring
Contempt
and
Sleight
.
Consentaneous
to
which
is
,
what
the
forementioned
Chancellor
saith
,
That
States
which
aim
at
greatness
,
St.
Alban's
Essays
.
Of
Greatness
of
Kingdoms
.
must
take
heed
how
the
Nobility
and
Gentry
multiply
too
fast
;
for
that
maketh
the
common
Subject
to
grow
to
a
Peasant
,
driven
out
of
Heart
,
and
in
effect
but
a
Gentleman's
Labourer
.
As
in
Copice
Wood
,
if
you
leave
the
Stadle
too
thick
,
you
shall
never
have
clean
Underwood
,
but
Shrubs
and
Bushes
;
and
so
you
bring
,
that
the
Hundredth
Poll
is
not
fit
for
the
Helmet
,
especially
as
to
the
Infantry
,
which
is
the
State
of
France
,
not
of
England
.
But
in
this
Particular
,
the
Custom
of
other
Nations
,
a
Princes
Service
,
and
incident
conveniences
are
to
be
considered
.
For
some
will
be
won
as
much
by
Honours
,
as
Offices
of
Profit
;
and
it
is
less
Expence
to
a
Prince
in
the
gratifying
his
well-deserving
Subjects
.
Besides
,
something
must
be
allowed
to
Aemulations
,
and
a
rich
Soil
will
bring
a
greater
Crop
than
a
barren
.
In
all
Ages
likewise
some
of
the
ancient
Nobility
are
extinguished
,
and
it
is
fit
to
plant
new
Standards
in
the
room
of
the
decayed
:
So
that
what
these
Learned
Men
assert
concerning
spare
Distribution
of
Honours
,
is
to
be
considered
with
just
Limitations
.
The
Splendor
,
Magnificence
,
and
great
Retinues
of
Noblemen
,
conduce
much
to
Martial
greatness
;
Great
Retinues
of
the
Nobility
useful
.
except
in
Poland
,
the
State
of
Free-Servants
and
Attendants
upon
Noblemen
,
and
the
richer
Gentlemen
,
hath
been
observed
to
be
no
where
so
peculiar
in
former
times
,
as
in
England
.
Those
Retainers
and
humble
Friends
are
fitted
for
all
gentile
Employments
,
and
are
a
Seminary
of
the
more
polite
Yeomanry
;
whereas
a
close
and
reserved
living
of
Noblemen
,
and
Gentlemen
,
causeth
a
Penury
of
Military
Forces
,
and
well-bred
Yeomanry
.
The
Nobility
may
be
Eclipsed
,
by
sinking
beneath
their
Orbs
in
affecting
Popularity
in
opposition
to
their
Prince
,
The
Nobility
not
to
Desert
the
Crown
.
or
rearing
their
Heads
among
the
Clouds
in
Ambition
.
Whenever
by
Malevolent
Aspects
of
other
Planets
,
their
Influence
on
the
State
is
less
benign
;
or
that
the
putrid
Breath
of
some
Male-contents
taint
their
Allegiance
,
the
Contagion
is
of
a
large
Spread
;
their
Blood
being
mingled
with
so
many
others
of
Power
,
takes
Fire
at
once
,
and
can
neither
be
shed
or
rectified
alone
.
Sometimes
their
Blood
may
be
chilled
,
when
they
conceive
others
interpose
betwixt
them
and
the
warmer
Gleams
of
the
Throne
,
and
they
will
not
want
Factious
Torpedoes
,
that
will
benum
their
brisker
Souls
,
The
old
Nobility
not
to
envy
the
new
ones
.
if
they
be
not
wary
to
avoid
their
touch
.
But
when
their
Lordships
consider
that
as
they
and
their
happy
Ancestors
have
had
a
plentiful
Portion
of
their
Princes
Regards
and
Bounty
,
so
they
should
be
content
that
others
share
with
them
in
their
Princes
Munificence
,
and
should
not
expect
that
their
Families
should
be
every
Ages
Darlings
:
they
will
have
more
honourable
and
contented
Thoughts
,
and
own
not
only
the
Truth
,
but
yield
to
the
necessity
of
that
of
[
](A46988-e163990-b)(g)
(g)
Fato
quodam
aut
sorte
nascendi
,
ut
caetera
,
ita
Principum
inclination
in
hos
,
ossensio
in
illos
.
Annal.
lib
4.
Tacitus
,
That
as
our
Birth
s
are
ascribed
to
Fate
,
or
Chance
;
so
the
Inclinations
of
Princes
to
some
,
and
their
dislike
to
others
,
as
he
instanceth
in
Lepidus
,
under
Tiberius
.
We
see
in
the
great
Oeconomy
of
the
World
(
which
we
must
believe
is
disposed
by
the
Universal
Monarch
)
some
noble
Families
in
every
Age
are
Extinct
,
and
other
new
ones
by
their
Vertues
and
great
Accomplishments
are
raised
,
and
the
Cadets
of
others
like
some
Rivers
are
hid
for
some
space
under
Ground
,
till
when
they
appear
again
,
they
are
know
by
their
refined
Parts
to
be
of
noble
Abstract
.
Not
to
repine
at
the
Prince's
Favours
bestowed
on
others
.
The
Sun
is
the
same
most
luminous
Body
,
though
some
Maculae
are
observed
in
it
by
curious
Telescopes
;
and
if
Princes
Beams
shine
not
always
with
the
same
Serenity
upon
the
district
of
some
Families
that
it
hath
done
,
it
is
no
more
than
the
Sun
in
the
great
Vortex
doth
,
and
is
no
more
to
be
repined
at
.
Therefore
it
becomes
those
noble
Souls
to
be
content
with
their
large
allotments
,
and
shake
off
all
those
Vipers
that
would
sting
them
with
Envy
and
Discontent
.
It
is
well
worth
such
Noblemens
Consideration
how
their
Interests
are
interwoven
with
that
of
the
Crown
,
and
if
any
unhappily
have
loosened
the
twine
,
or
frozen
the
Zeal
they
have
for
its
support
,
let
them
call
to
Mind
the
Vertue
and
Bravery
of
their
Ancestors
,
and
observe
what
Gemms
or
Gold-work
they
were
of
it
,
and
strive
to
fasten
themselves
there
again
,
and
out
of
the
Embers
kindle
again
that
Loyalty
they
have
derived
ex
traduce
from
their
generous
Ancestors
:
so
that
[
](A46988-e164140-b)(a)
(a)
Lucan
,
1.2
.
v.
557.
Fervidus
hac
iterum
circa
praecordia
Sanguis
Inacleat
.
—
And
as
the
Crown
hath
bestowed
Honour
and
Wealth
upon
their
noble
Families
,
so
let
them
never
be
wanting
with
their
utmost
Industry
,
to
support
it
in
all
its
splendid
Prerogatives
;
and
of
all
the
Infamy
of
Mortals
,
let
not
ingratitude
be
laid
to
their
Charge
.
How
the
Nobility
may
honourably
acquaint
their
Prince
with
Grievances
.
The
Nobility
are
Conciliarii
nati
,
and
as
their
Birth
and
places
give
them
easy
access
to
the
Princes
Privy-Chamber
and
Cabinet
,
though
they
be
not
of
his
secret
Council
;
so
they
have
opportunities
to
present
the
State
of
Affairs
,
and
ill
managery
or
grievances
of
the
People
,
when
they
conceive
them
concealed
from
their
Prince
,
both
better
and
more
effectually
than
others
of
a
lower
Rank
.
But
then
it
should
be
done
like
Persons
of
Honour
with
all
Respect
and
Duty
to
their
Prince
,
and
the
ostentation
of
this
sort
of
Charity
,
should
not
lessen
the
usefulness
of
it
;
much
less
should
they
blow
a
Trumpet
when
they
perform
it
,
either
to
aggrandize
the
Enterprize
,
or
to
raise
discontent
at
the
denial
.
In
every
Kings
Reign
,
it
hath
been
a
flourishing
time
,
and
happy
,
when
the
Nobility
studied
with
a
refined
laudable
Contention
to
aemulate
one
anothers
Vertue
,
striving
to
out-do
one
another
in
the
Service
of
their
King
and
Country
,
uniting
in
that
glorious
Testudo
,
to
defend
their
Princes
Prerogative
,
and
the
Laws
that
adjust
their
own
,
and
the
Peoples
Priviledges
.
It
is
never
to
be
forgot
,
how
in
our
late
Commonwealth
,
How
Common-wealths
depress
the
Nobility
.
the
House
of
Peers
was
by
the
very
Posteriors
of
the
Commons
,
Voted
useless
and
dangerous
.
No
sooner
was
that
sacred
Head
separated
from
them
,
but
they
were
degraded
to
Commoners
(
as
to
any
Legislative
Power
:
)
and
though
those
Noblemen
that
were
content
to
fit
in
the
lower
House
,
were
highly
caressed
and
applauded
;
yet
a
few
Years
hath
changed
the
note
,
and
their
Names
will
be
recorded
to
Posterity
,
in
far
less
Lustre
than
if
they
had
more
strenuously
espoused
the
afflicted
Kings
Quarrel
:
and
it
is
not
to
be
doubted
,
but
the
Sence
of
that
will
be
a
most
prevalent
Antidote
against
the
Defection
of
any
of
the
Nobility
,
that
will
consider
the
naturalness
of
such
a
degrading
,
if
the
Commonwealth-Men
should
ever
appear
again
without
their
Vizors
;
and
it
will
be
an
excellent
amulet
to
keep
them
from
the
Infection
of
such
Principles
and
Practice
.
It
is
worth
noting
,
that
William
the
Conqueror
giving
to
his
Nobility
great
Fees
to
be
held
of
him
in
Capite
,
How
the
Nobility
had
greater
Power
anciently
than
now
.
for
some
Ages
the
Nobility
had
great
Interests
,
and
numerous
dependences
,
and
had
special
Jurisdiction
over
great
Baronies
;
and
while
they
served
the
Crown
according
to
their
Tenures
,
the
inferior
Gentry
and
Commoners
being
one
way
or
other
Tenents
to
them
,
could
do
little
in
opposition
to
the
Crown
.
But
when
in
King
John
and
Henry
the
Third's
time
,
their
greatness
was
dangerous
to
the
Crown
,
the
Commons
were
brought
in
to
be
a
part
of
the
Parliament
.
Yet
for
some
while
after
they
retained
their
Grandeur
,
till
(
as
I
have
hinted
)
Henry
7.
retrenched
them
,
and
Queen
Elizabeth
preferring
so
many
new
Men
,
makeing
less
use
of
the
ancient
Nobility
,
studied
to
gain
the
common
Peoples
Affections
by
all
Arts
and
Bounties
she
could
use
:
and
in
after-Ages
the
Nobility
being
less
valued
by
the
Freeholders
,
and
encreased
in
Number
,
and
some
of
them
adhering
to
the
two
Houses
against
their
Sovereign
,
their
interests
both
with
the
Parliament
and
People
grew
less
.
But
now
under
a
Prince
who
sets
a
true
value
upon
the
Nobility
,
if
they
he
not
wanting
to
themselves
,
they
may
hope
to
attain
the
lustre
of
their
noble
Ancestors
,
and
the
Commoners
be
no
ways
abridged
of
their
Priviledges
.
For
then
the
Government
is
in
the
happiest
Condition
,
when
the
Nobility
are
great
without
Ambition
,
rich
without
Oppression
,
eminent
in
Vertue
as
in
Character
.
The
Gentry
so
deporting
themselves
to
the
Commonalty
as
they
desire
the
Nobility
may
to
them
;
and
the
Commonalty
with
humble
Industry
,
peaceably
enriching
themselves
,
and
enjoying
that
freedom
and
liberty
,
which
may
keep
them
in
Heart
and
Courage
to
serve
their
Prince
and
Country
with
chearful
Alacrity
,
and
out-do
those
of
their
Rank
in
all
other
Dominions
;
which
in
the
English
Soldiery
is
observed
in
all
Wars
to
be
their
peculiar
Excellency
,
ascribable
principally
to
the
Benignity
of
the
Government
which
dispirits
them
not
:
and
when
this
liberty
is
not
abused
to
Licentiousness
,
but
restrained
within
the
Bounds
of
humble
Candor
and
Modesty
,
Reverence
to
their
Superiors
,
and
thankfulness
to
their
Prince
;
all
is
in
an
happy
Frame
.
CHAP.
XXXVIII
.
Of
the
Gentry
of
England
.
I
Shall
not
detain
the
inquisitive
Reader
upon
the
derivation
of
the
Word
Gentilhom
,
or
Gentleman
,
but
refer
him
to
[
](A46988-e164400-b)(a)
(a)
Titles
of
Honour
,
P.
861
,
862.
Whence
the
Name
.
Mr.
Selden
,
who
at
large
discusseth
the
point
;
whether
with
Velserus
and
some
others
,
it
be
derived
from
Gentilis
or
Heathen
,
as
introduced
when
the
Goths
,
Hunns
,
and
Vandals
having
overrun
the
Roman
Provinces
,
were
in
a
better
Condition
,
though
Gentiles
,
than
the
Christians
,
under
the
Romans
;
or
that
it
is
derived
from
Gens
.
I
am
more
inclined
to
be
of
the
latter
Opinion
,
finding
it
more
agreeable
to
the
common
Use
.
For
Cicero
[
](A46988-e164520-b)(b)
(b)
In
Topicis
.
calls
those
Gentiles
,
qui
ex
eadem
Gente
;
Ingenui
,
qui
nunquam
Capite
sunt
diminuti
.
Gens
consisting
of
a
multitude
which
have
sprung
from
one
Generation
,
and
of
many
of
these
Gentes
consists
a
Nation
;
to
which
agrees
that
of
[
](A46988-e164550-b)(c)
(c)
Gentilis
dicitur
ex
eodem
genere
ortus
:
&
is
qui
simili
nomine
appellatur
.
Festus
ad
Verbum
.
Festus
,
that
Gentilis
is
one
born
of
the
same
Gens
,
or
Kindred
,
and
who
is
called
by
the
like
Name
.
So
we
find
the
Horatii
,
the
Corvine
,
Julian
,
Flavian
Family
.
&c.
So
the
Greeks
use
the
words
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
for
one
nobly
descended
from
great
Parentage
.
So
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
was
Nobility
,
which
[
](A46988-e164670-b)(d)
(d)
Polit.
lib.
4.
c.
8.
lib.
5.
c.
1.
Aristotle
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Antient
Wealth
and
Vertue
,
or
the
[
](A46988-e164700-b)(e)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Rhetor.
ad
Theod
,
lib
,
2.
c.
5.
Dignity
of
the
Ancestor
.
The
first
Authors
of
it
being
stiled
famous
Men
,
and
Honourable
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
the
largest
acceptation
of
the
Word
,
as
it
is
now
used
(
saith
the
judicious
[
](A46988-e164770-b)(f)
(f)
Tiles
of
Honour
,
p.
852.
Selden
)
it
denotes
one
that
either
from
the
Blood
of
his
Ancestors
,
or
the
Favour
of
his
Sovereign
,
or
of
them
that
have
Power
from
the
Sovereign
,
or
from
his
own
Vertue
,
Employment
,
or
otherwise
,
according
to
the
Laws
and
Customs
of
Honour
in
the
Country
he
lives
in
,
is
ennobled
,
made
Gentile
,
or
so
raised
to
an
eminency
above
the
Multitude
,
perpetually
inherent
in
his
Person
.
These
are
stiled
the
Nobiles
minores
,
for
distinction
sake
,
The
use
of
the
word
Nobilis
.
the
word
Nobiles
being
now
appropriated
to
those
of
the
higher
Rank
.
The
ancient
use
of
Nobilis
(
especially
before
the
Roman
Monarchy
)
was
such
,
that
it
was
justly
given
to
none
but
him
that
had
Jus
imaginum
,
or
some
Ancestor
at
least
that
had
born
some
of
the
great
Offices
,
or
their
Magistratus
Curules
;
as
[
](A46988-e164900-b)(g)
(g)
〈…〉
1.
cap.
19.
Censorship
,
Consulship
,
&c.
From
whose
Image
kept
he
had
the
Jus
Imaginum
.
Therefore
the
preceding
Ancestor
was
called
novus
Homo
,
or
Ignobilis
.
Some
Ages
after
the
Romans
were
under
a
Monarchy
,
the
Title
of
Nobilis
was
given
to
such
as
by
the
Emperors
Patents
of
Offices
,
or
their
Codicilli
Honorarii
,
were
first
raised
out
of
the
lowest
Rank
.
After
that
,
Arms
of
Ensigns
of
Distinction
,
born
upon
Shields
,
grew
to
be
in
may
Families
Hereditary
,
(
which
was
about
four
hundred
Years
since
,
as
Sir
Edward
Bish
in
his
Aspilogia
avoucheth
)
it
came
into
frequent
use
,
that
he
,
who
was
either
formerly
ennobled
by
Blood
,
or
newly
by
acquisition
,
either
assumed
,
or
had
by
Grant
from
his
Sovereign
,
or
those
deputed
by
him
,
some
special
note
of
Distinction
,
by
Arms
also
to
be
transmitted
with
his
Gentry
to
his
Posterity
.
Yet
[
](A46988-e165020-b)(h)
(h)
〈◊〉
.
Mr.
Selden
notes
,
that
in
the
Proceedings
in
the
Court
of
Chevalry
,
betwixt
Reginald
Lord
Grey
of
Ruthin
,
Plaintiff
,
and
Sir
Edward
Hastings
Defendant
,
concerning
the
bearing
of
a
Manch
Gules
in
a●
Field
Or
,
in
the
depositions
taken
in
the
Moote
Hall
at
Bedford
,
it
is
recorded
,
that
John
Botiler
of
the
County
of
Bedford
,
and
Roger
Tenstal
,
Mayor
of
Bedford
,
having
been
the
Plaintiffs
Servants
,
severally
deposed
,
Il
est
Gentilhom
d'
Auncestrie
,
mas
nad
point
,
d'
Armes
.
Gentlemen
without
coats
of
Arms.
That
he
was
a
Gentlemen
of
antient
time
,
but
had
no
Arms.
But
I
shall
pass
from
this
.
That
which
I
desire
the
Gentry
to
observe
is
,
Advice
to
the
Gentry
.
That
they
are
the
Seminary
of
our
greater
Nobility
,
and
that
from
Loyal
,
Wise
,
Learned
,
Valiant
and
Fortunate
Persons
,
of
their
Order
,
in
all
Princes
Reigns
,
the
Nobility
have
sprung
.
Therefore
as
some
of
them
are
derived
from
as
numerous
Ancestors
,
as
any
in
other
Kingdoms
,
and
have
by
Hereditary
Succession
greater
Estates
than
many
foreign
Counts
,
and
as
they
desire
either
to
conserve
the
Repute
their
Ancestors
have
honourably
entailed
on
them
,
or
to
transmit
them
to
their
Posterities
;
so
it
will
be
their
Interest
and
Glory
to
accomplish
themselves
in
all
sorts
of
useful
Learning
,
whereby
they
may
be
Serviceable
to
their
King
and
Country
.
There
are
Bodily
Exercises
they
should
be
well
skilled
in
,
as
Fencing
,
Riding
the
great
Horse
,
and
all
Military
Exercises
,
to
enable
them
to
serve
in
the
Militia
of
the
Nation
;
and
their
diligent
perusing
all
sorts
of
History
,
and
the
Laws
of
the
Land
,
will
fit
them
for
the
managing
of
Civil
affairs
,
and
dispensing
the
Kings
Laws
,
as
Justices
of
Peace
,
Sheriffs
,
Commissioners
,
Representatives
in
Parliament
,
as
also
for
the
greater
Offices
of
State
.
Since
they
are
born
to
large
Patrimonies
,
and
thereby
have
a
more
generous
Education
,
and
derive
a
more
refined
Spirit
from
their
Ancestors
,
they
can
with
infinite
more
Ease
enter
into
publick
Employment
,
having
none
of
those
sinking
[
](A46988-e165210-b)(i)
(i)
Hand
facile
emergunt
,
quorum
virtutibus
obstat
Res
angust
a
domi
—
weights
of
Poverty
,
and
mean
Education
,
which
enforce
others
to
use
extream
Diligence
e're
they
can
mount
the
first
half
Pace
,
the
Gentleman
is
seated
on
,
by
that
time
he
leaves
his
tutors
.
It
is
true
the
Priviledges
of
the
Gentry
of
England
,
properly
so
called
,
are
not
so
great
as
in
some
Countries
,
where
they
have
power
of
Life
and
Death
over
their
Servants
,
or
are
exempted
from
Taxes
,
and
enjoy
other
Immunities
which
are
denied
to
the
Commons
;
yet
they
have
others
as
beneficial
in
that
they
make
up
a
great
share
of
the
Ministerial
parts
of
the
Government
.
It
is
required
by
God
and
their
Prince
,
that
they
should
so
deport
themselves
as
they
may
be
singular
[
](A46988-e165250-b)(k)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Dio
,
lib.
2.
Examples
to
their
Tenants
and
Neighbours
,
of
Wisdom
,
Temperance
,
Justice
,
Loyalty
,
and
all
the
System
of
Vertues
;
and
by
a
generous
Hospitality
,
without
Debauchery
,
preserve
their
Interest
in
the
affection
of
their
Neighbors
,
and
that
the
Poor
may
daily
and
zealously
pray
for
them
,
being
made
the
Voiders
,
and
receiving
the
Sportula
of
their
plentiful
Tables
.
By
this
way
of
living
they
will
sow
among
their
Neighbours
the
Seeds
of
all
useful
Vertues
,
and
enrich
their
Countries
,
and
be
able
in
time
of
need
to
serve
their
Prince
with
their
numerous
Dependants
.
It
is
for
the
use
of
the
blooming
Gentlemen
I
write
this
.
The
more
sage
and
ancient
need
only
such
Intimations
to
refresh
their
Memories
.
I
have
made
Observations
how
fatal
it
hath
been
to
themselves
,
and
the
whole
Kingdom
,
when
the
Gentry
have
been
seduced
to
sleight
at
first
,
and
after
,
(
as
they
have
been
wrought
upon
by
Designers
)
to
over-awe
or
overturn
the
Government
,
and
either
by
Piques
among
themselves
,
or
Aemulations
,
Envies
,
and
Discontents
,
have
been
brought
into
the
Combinations
and
Conspiracies
with
those
,
who
under
the
specious
Pretences
of
enlarging
their
Priviledges
,
have
subjected
themselves
as
well
to
the
slavery
of
Red-coats
,
and
the
Tyranny
of
a
Corps
du
guard
,
or
Council
of
War
,
as
they
had
their
Prince
under
their
Committees
and
Armies
:
which
considerations
I
hope
will
be
worth
their
remembring
.
What
I
have
writ
in
most
of
the
Chapters
of
this
Treatise
,
less
or
more
appertains
to
the
Gentry
,
out
of
a
true
and
cordial
desire
,
that
if
any
such
Critical
time
should
in
any
Age
return
,
as
that
of
Forty
and
Forty
one
,
or
Eighty
and
Eighty
one
;
the
Gentry
may
consider
the
History
of
former
Ages
,
and
be
able
to
distinguish
betwixt
Realities
,
and
feigned
Pretences
,
and
will
well
weigh
what
I
have
writ
in
the
preceding
Chapter
of
the
Nobility
:
for
that
it
is
in
most
particulars
applicable
to
to
them
,
which
makes
me
shorter
in
this
;
and
that
above
all
things
they
will
seriously
consider
,
that
though
in
every
[
](A46988-e165320-b)(l)
(l)
M●gis
alii
〈◊〉nes
qu●m
alii
mores
.
Ta●it
.
1.
Histo●
.
Generation
new
Men
do
arise
,
that
to
carry
on
their
Factious
Design
,
pretend
different
Causes
;
yet
the
ends
of
all
that
are
Male-contents
,
and
seditiously
displeased
with
the
Government
,
is
the
same
,
and
commonly
their
Fate
is
parallel
.
Therefore
above
all
the
Infections
,
let
them
study
to
avoid
that
of
murmuring
and
repining
against
the
Government
,
or
that
of
being
seduced
by
those
,
who
cover
their
dark
Thoughts
and
Designs
too
close
to
be
discovered
by
common
Eyes
.
The
more
such
pretend
Zeal
for
the
common
Good
,
the
more
they
pretend
publick
Spirits
,
and
care
of
Religion
.
If
they
be
found
to
have
any
the
least
Tincture
of
Immorality
,
Envy
,
Ambition
,
Revenge
,
Cruelty
,
or
aspiring
in
their
Tempers
.
the
more
they
are
to
be
suspected
and
avoided
.
CHAP.
XXXIX
.
Of
the
Commonalty
of
England
,
of
the
lower
rank
especially
.
THESE
are
more
especially
the
subject
matter
of
Government
.
The
Employments
they
are
engaged
in
,
The
Common
Peoples
Duty
.
makes
it
more
profitable
for
them
to
look
downwards
,
and
cultivate
their
Freeholds
and
Tenements
,
and
reap
the
golden
Fruits
of
their
Toil
;
than
to
spend
their
time
in
the
fruitless
enquiries
after
the
managery
of
States
and
Empire
:
for
whereover
Soveraignty
lodgeth
,
they
must
still
be
Subjects
.
Obedience
(
saith
a
well
observing
[
](A46988-e165430-b)(a)
(a)
Cornwallis's
Es.
says
,
46.
Author
)
not
Examination
,
is
the
destined
Function
of
the
Common
People
,
which
Laws
preserve
them
in
.
The
Industrious
would
soon
be
ruined
by
the
Free-booters
in
every
Hamlet
,
if
the
Laws
and
Government
were
not
their
Guard
.
By
the
several
Rebellions
(
properly
of
the
Commons
)
in
Richard
2.
H.
8.
The
Miseries
of
Insurrections
.
and
Edward
the
Sixth's
time
,
we
have
sad
Examples
of
the
Calamities
they
brought
,
not
only
on
their
Neighbours
,
and
the
disturbance
they
gave
the
Government
;
but
likewise
the
ruins
they
brought
upon
themselves
:
and
when
they
had
wearied
themselves
with
Rapine
,
Murthers
,
and
a
Hundred
cruel
Ravages
,
and
Butcheries
,
they
were
at
last
either
totally
subdued
,
and
their
Chieftains
Executed
,
and
the
rest
Fined
,
or
they
perished
in
the
Fight
;
being
never
able
to
effect
any
of
their
pretended
Liberties
,
they
made
the
Insurrections
to
have
obtained
.
It
is
for
want
of
Consideration
,
that
they
are
decoyed
into
such
barbarous
Outrages
,
which
in
such
Rebellions
they
generally
commit
.
They
ought
to
consider
,
Their
Obligations
to
their
Prince
.
and
that
very
seriously
,
that
it
is
from
their
Princes
sollicitous
Care
,
that
they
enjoy
Peace
and
Plenty
:
to
them
they
owe
not
only
Allegiance
and
Obedience
,
as
they
are
their
Soveraigns
;
but
especially
Gratitude
,
Loyalty
,
and
all
dutiful
Services
.
For
the
good
Laws
from
time
to
time
have
been
confirmed
by
their
Kings
,
for
their
Prosperities
;
without
which
,
they
would
be
in
a
continual
State
of
War
and
Feuds
one
against
another
.
They
owe
to
the
Paternal
Care
and
Prudence
of
the
Sovereign
and
his
Government
,
those
Methods
and
Rules
,
whereby
they
are
so
benignly
ruled
,
(
in
England
especially
)
whereby
they
are
in
a
freer
and
more
plentiful
Estate
than
any
other
Commoners
in
the
World
.
By
the
vertue
of
those
Priviledges
granted
to
them
by
their
Kings
,
they
have
Propriety
in
their
Goods
,
none
can
out
them
of
their
Possessions
,
imprison
,
or
molest
them
,
while
they
observe
the
equitable
Laws
.
Their
Privileges
.
They
have
according
to
their
several
Capacities
and
Abilities
,
a
participation
of
Offices
in
their
particular
Hamlets
,
Parishes
,
Wapentakes
,
or
Counties
,
either
relating
to
the
assistance
to
the
Justice
of
the
Land
in
Juries
,
or
conserving
of
the
Peace
,
in
being
petty
,
or
chief
Constables
,
or
other
Officers
;
and
have
a
peculiar
Priviledge
,
many
other
Commoners
want
,
of
chusing
their
Representatives
,
whereby
they
are
only
subject
to
such
Laws
,
as
they
or
their
Ancestors
have
given
consent
to
.
The
Government
(
worthy
Country-men
)
makes
fertile
your
Enclosures
,
protects
your
Flocks
and
Herds
,
secures
your
going
out
,
and
coming
in
,
makes
your
Sleeps
undisturbed
,
guards
your
home-bred
Commodities
when
you
send
them
abroad
,
secures
those
are
brought
home
to
you
,
appoints
you
Markets
for
buying
or
selling
your
Corn
and
Cattle
,
and
your
own
Manufactures
.
Let
those
among
you
,
The
Calamities
they
sustained
in
the
late
War
.
that
are
not
ashamed
they
were
Sequestrators
,
Membrs
of
the
Parliaments
Army
,
or
active
Officers
,
Oppressors
,
Plundereres
,
or
Informers
against
their
Loyal
Neighbours
,
consider
what
they
reaped
in
the
late
unhappy
Wars
,
begun
with
all
the
specious
Pretences
of
redressing
grievances
,
securing
Propriety
,
and
reforming
Religion
(
precious
Names
most
wickedly
abused
.
)
Remember
how
unsupportable
were
the
Taxes
and
Sequestrations
.
What
affrightments
were
you
continually
in
by
the
Quartering
of
imperious
Soldiers
,
and
their
Plunders
,
where
they
neither
left
Food
nor
Rayment
for
your
Wives
and
Children
;
and
what
they
could
not
devour
,
or
carry
away
,
they
destroyed
?
Consider
the
effusion
of
so
much
Blood
in
the
cruel
Battles
,
and
their
most
unjust
High-Courts
of
Justice
how
all
the
Laws
either
were
stifled
,
or
miserably
distorted
.
The
best
Preservatives
against
the
relapse
into
such
miserable
times
,
Advice
to
the
Commonalty
.
is
to
reflect
upon
them
often
,
to
live
quietly
under
your
Sovereign
,
to
give
him
no
occasion
to
unsheath
any
of
his
Swords
against
you
,
to
reduce
you
to
Obedience
.
Avoid
all
Factious
Whisperers
of
discontent
.
You
were
within
these
six
Years
by
past
,
wrought
so
upon
by
cunning
Designers
of
a
Commonwealth
,
that
you
made
choice
of
such
Representatives
as
neither
would
supply
that
Prince
o
immortal
Memory
,
who
had
preserved
them
and
you
in
that
Peace
he
had
restored
them
to
,
when
nothing
but
War
,
and
miserable
Devastations
were
in
all
the
Countries
of
the
Continent
;
nor
admit
our
present
Gracious
Soveraign
(
who
had
adventured
his
Life
so
often
for
their
Safety
)
to
succeed
in
the
Throne
of
his
Royal
Ancestors
.
Remember
I
beseech
you
(
dear
Countrymen
)
these
things
,
and
consider
how
near
the
Gulph
and
Pits
Brink
of
inevitable
Miseries
you
were
.
Be
thankful
to
those
Loyal
Persons
,
who
by
their
Counsels
and
Addresses
withheld
you
from
the
imminent
Ruine
.
Be
mis-led
no
more
by
such
as
can
sow
nothing
but
Darnel
,
Cockle
,
Poppy
and
Tares
among
your
Corn
;
would
consume
your
Grain
,
and
leave
you
nothing
but
the
Chaff
.
Such
as
by
instigating
you
to
Insurrections
,
under
Pretence
of
Religion
,
or
any
other
Wheedles
,
would
necessitate
the
Government
for
your
own
Security
,
to
rule
you
with
a
Scepter
of
Iron
;
whereas
now
you
are
under
one
of
pure
Gold
,
beset
with
all
the
Jewels
of
Heroic
Vertue
.
Would
you
avoid
the
Slavery
of
the
French
Commoners
,
and
be
never
in
danger
of
being
Peasants
?
Would
you
enjoy
what
you
and
your
happy
Fore-fathers
have
done
in
peaceable
times
?
Then
study
your
Duty
of
Obedience
to
the
Laws
,
banish
all
Murmurings
,
and
Repinings
,
heartily
pray
for
the
King's
Prosperity
,
heartily
endeavour
to
serve
him
with
your
Lives
and
Fortunes
against
his
Enemies
;
live
quietly
under
his
careful
and
merciful
Conduct
;
adore
that
divine
Providence
that
hath
established
him
peaceably
in
his
Throne
,
and
out
of
infinite
Compassion
to
these
Nations
,
hath
prevented
a
Civil
War
.
Be
sincerely
and
cordially
thankful
that
you
are
under
the
Government
of
such
a
Prince
,
who
so
freely
and
spontaneously
promiseth
to
defend
your
Religion
,
secure
your
Properties
,
and
adventure
his
Person
for
your
Defence
:
Who
is
justly
reverenced
abroad
,
ought
to
be
as
entirely
honoured
,
and
affectionately
loved
,
and
dutifully
obeyed
at
home
.
So
shall
the
Government
be
Easy
,
Beneficial
and
Merciful
to
you
;
so
shall
you
have
full
Barns
and
Purses
,
and
all
the
Blessings
of
Peace
and
Security
in
the
long
Enjoyment
of
them
.
CHAP.
XL.
Of
the
Temper
and
Disposition
of
the
Common
People
of
the
lowest
Rank
.
I
IVY
[
](A46988-e165690-b)(a)
(a)
Vulgus
metu
aut
spe
nimium
,
Lib.
23.
Nihil
in
vulgo
modicum
.
The
var●ous
Disposition
of
the
Common
People
.
tells
us
that
the
Common
People
Fear
and
Hope
generally
is
in
excess
.
They
want
skill
to
make
Observations
of
the
true
Causes
of
Matters
,
and
conclude
Effects
from
wrong
Cause
.
They
are
ignorant
of
their
duty
to
the
Publick
,
never
meditating
any
thing
(
with
Reflection
)
like
their
particular
Profit
.
If
a
wet
Season
happen
of
continuance
,
they
murmure
and
repine
,
as
if
their
whole
Tillage
were
lost
,
and
a
long
Drought
produceth
the
like
effect
.
As
to
the
publick
,
it
is
their
Nature
[
](A46988-e165730-b)(b)
(b)
Aut
servit
humiliter
aut
sup●
be
domin●●●
.
〈…〉
Annal.
slavishly
to
fear
,
or
proudly
to
domineer
,
affrighting
the
Government
,
if
they
be
not
brought
to
some
degree
of
Awe
;
and
if
they
be
brought
to
fear
,
their
Governours
may
with
more
safety
despise
them
:
for
they
are
wholly
Strangers
to
the
Golden
mean
of
Liberty
,
which
they
neither
know
how
to
enjoy
or
want
;
despising
and
sleighting
the
Freedom
they
possess
,
and
wrought
upon
by
Seditious
Arts
of
Popular
Men
,
vainly
hoping
to
attain
to
some
Enlargement
of
that
Liberty
,
which
they
fondly
dream
of
.
In
their
own
temper
(
saith
[
](A46988-e165760-b)(c)
(c)
Vul●●●
ingenio
〈…〉
&
discordiosum
,
cupidum
novaum
rerum
,
quieti
&
〈◊〉
adversum
.
Sail.
in
Jugurtha
.
Sallust
)
they
are
changeable
,
Seditious
,
full
of
Discord
,
desirous
of
Novelty
,
impatient
of
Peace
and
Idleness
:
and
if
we
allow
them
at
some
Seasons
at
least
to
be
a
calm
Sea
,
yet
as
that
by
Winds
,
so
they
are
easily
swelled
by
the
blasts
of
Seditious
Persons
;
to
receive
which
,
they
hoist
up
all
their
Sails
.
According
to
that
of
the
[
](A46988-e165790-b)(d)
(d)
Or●●
.
pro
Cluent
.
Orator
,
Vt
Mare
quod
sua
natura
tranquillum
,
ventorum
vi
agitari
videmus
,
ac
turbari
;
sic
populus
sua
sponte
pacatus
,
hominum
Seditiosorum
vocibus
violeutissimis
tempestatibus
concitari
solet
.
They
are
too
credulous
of
Reports
,
and
the
Designers
to
put
them
into
ferment
need
no
more
,
but
to
put
in
practice
what
[
](A46988-e165820-b)(e)
(e)
〈◊〉
primum
&
〈…〉
Hist.
P.
●
.
Tacitus
mentions
of
the
false
news
of
Otho's
being
slain
;
That
at
first
a
wandring
and
uncertain
Rumour
,
then
as
in
great
lies
,
some
say
they
were
present
,
and
saw
it
;
the
rejoicers
and
curious
being
aptest
to
believe
the
Report
.
So
that
at
last
a
general
belief
is
given
,
few
being
willing
to
take
the
pains
to
make
strict
Enquiry
.
And
when
such
Rumours
are
forbidden
,
more
horrid
things
are
invented
than
at
first
,
and
so
are
more
difficultly
suppressed
;
for
there
is
a
wonderful
propensity
in
them
,
to
receive
[
](A46988-e165860-b)(f)
(f)
〈…〉
Ta●it
.
ib.
P.
5.
and
believe
all
new
Reports
,
stretching
all
Rumours
vastly
beyond
the
reality
of
matters
:
fame
being
with
them
as
sure
a
ground
of
Belief
,
as
Realty
.
Res
auget
cuncta
,
ut
mos
est
,
fama
in
majus
credita
.
If
in
things
they
fear
the
Rumour
once
be
broached
,
how
swift
is
the
Alarm
!
all
the
Air
is
full
of
Speaking
Trumpets
,
though
nothing
to
be
seen
.
—
Sic
quisque
pavendo
Dat
vires
famae
,
nulloque
Auctore
malorum
Quae
finxere
timent
.
This
quality
of
the
Vulgar
,
How
they
were
〈…〉
upon
in
〈…〉
the
Designers
of
Forty
one
well
understood
,
and
most
industriously
improved
.
The
tumult●
of
the
multitude
were
governed
by
them
,
all
the
great
mischiefs
were
facilitated
by
the
Midwivery
of
these
contrived
Reports
;
Jealousies
and
Fears
preparing
Peoples
Minds
for
every
ill
Impression
.
The
breaking
of
a
Plank
by
two
Corpulent
Gentlemen
,
occasioned
a
Report
that
the
Parliament-House
was
undermined
;
and
others
were
so
quick-scented
,
that
they
smelt
Po●der
.
This
was
carried
with
that
swiftness
into
the
City
,
that
the
Rabble
in
excessive
manner
flocked
to
Westminster
,
full
of
revengeing
Fury
.
So
they
pret●nded
Intelligence
of
foreign
Invasions
,
to
put
the
Kingdom
into
a
posture
of
Defence
,
and
the
miserable
Country
armed
with
great
forwardness
upon
every
Alarm
,
little
for●seeing
what
the
ends
of
those
dismal
Acts
would
be
.
How
of
later
thm●
.
We
of
late
had
an
Experiment
of
this
in
the
Story
of
the
lsl●
of
Purbeck
,
when
the
report
of
the
landing
of
the
French
raised
many
Thousands
of
Men
,
whom
the
noble
Peer
said
he
could
have
conducted
whither
he
would
by
a
Letter
.
We
cannot
forget
how
the
report
of
the
Fireworks
,
sound
in
Somerset
House
,
the
forty
Thousand
Pilgrims
,
and
Black
Bills
alarmed
the
Credulous
.
Such
Mormos
and
Spectres
ever
will
be
made
use
of
by
those
who
intend
to
work
upon
the
Mobile
.
If
the
Multitude
could
be
made
Wise
,
A●vice
to
them
.
to
rely
upon
their
Governours
Wisdom
,
(
that
can
better
foresee
Danger
than
they
,
and
have
greater
share
in
the
present
State
,
and
having
more
to
lose
,
will
more
carefully
endeavour
to
prevent
Mischiefs
,
)
they
would
not
be
so
appalled
at
imaginary
Dangers
,
suggestedly
crafty
Men
,
or
be
so
suspicious
that
they
are
not
so
well
governed
as
they
should
be
,
or
so
apprehensive
of
Oppression
;
and
if
they
should
miscarry
under
such
Conduct
(
which
they
can
have
no
reason
to
suspect
)
they
would
perish
with
a
great
deal
of
Discretion
.
But
alas
there
is
in
all
the
common
People
(
as
[
](A46988-e166100-b)(g)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈…〉
Plutarch
hath
noted
of
old
)
something
malignant
,
and
querulous
against
Government
;
they
yield
open
Ears
to
detracting
and
blackening
Speeches
against
their
Governours
.
They
are
generally
strong
in
Will
,
weak
in
Judgment
,
their
Affections
commanding
their
Belief
,
and
presaging
as
they
believe
,
short-sighted
in
discovering
Consequences
of
matters
,
and
easy
to
receive
Impressions
from
their
Demagogues
.
Some
Birds
are
whistled
into
the
Snare
,
others
driven
:
Apes
and
Dottrels
caught
by
imitation
of
such
Postures
as
others
assume
.
They
are
the
subject
matter
of
all
Seditions
,
and
when
they
are
wrought
upon
to
believe
they
are
like
to
be
oppressed
,
they
can
easily
find
among
themselves
a
Cade
,
Straw
,
Tyler
,
or
Masinello
to
head
them
.
The
general
Temper
of
the
People
is
well
described
by
[
](A46988-e166170-b)(h)
(h)
1.
Histor
,
Imperaturus
es
hominibus
qui
nec
totam
servitutem
pati
pessunt
,
nec
totam
libertatem
.
Tacitus
,
in
that
Speech
of
Galba
to
Piso
,
Thou
art
to
command
,
saith
he
,
over
Men
,
that
neither
will
endure
absolute
Servitude
,
nor
absolute
Liberty
.
In
another
place
of
the
same
Book
,
he
tells
us
,
Vulgus
,
ut
mos
est
,
cujusque
motus
novi
cupidus
:
It
is
the
custom
of
the
Common-People
to
be
desirous
of
Changes
.
All
which
is
only
in
hopes
that
they
shall
be
at
more
Ease
and
Liberty
,
though
they
are
mostly
mistaken
in
the
means
to
attain
it
.
It
is
true
,
[
](A46988-e166240-b)(i)
(i)
Libertas
juxta
bonis
&
malis
,
strenui
&
ignavis
optabilis
est
.
Sallust
,
ad
Caesarem
.
Liberty
is
desirable
by
the
Good
as
well
as
the
Evil
,
the
Strenuous
as
well
as
the
Slothful
;
but
the
great
difference
is
,
that
the
good
and
wise
know
the
Extent
of
it
,
and
know
,
it
no
ways
is
more
happily
enjoyed
,
than
by
Obedience
to
the
Government
and
the
Laws
.
But
the
common
sort
judge
it
to
consist
in
doing
as
they
list
,
and
being
under
no
Rule
or
Correction
;
whereas
[
](A46988-e166260-b)(k)
(k)
Vires
Imperii
in
consensu
obedientium
sunt
.
Lib.
2.
Livy
tells
us
,
The
Force
and
Strength
of
Empire
,
is
in
the
Consent
of
the
Obedient
.
We
find
another
Character
of
the
Common
Peoples
Deportment
in
dubious
times
,
such
as
were
those
in
Rome
,
when
Otho
was
supplanting
Galba
,
[
](A46988-e166330-b)(l)
(l)
1.
Histor.
p.
193.
Edit.
5.
Lips
.
fol.
Mixtis
servitiis
&
dissono
clamore
,
caedem
Othonis
&
Conjuratorum
exilium
poscentium
;
ut
si
non
Circo
&
Theatro
ludicrum
aliquod
postularent
,
neque
illis
judicium
aut
veritas
,
quippe
eodem
die
diversa
,
pari
certamine
postulaturis
;
sed
tradito
more
quemeunque
Principem
adulandi
licentia
Acclamationum
,
&
studiis
immanibus
.
CHAP.
XLI
.
Of
Subjects
Obedience
.
CVrtius
[
](A46988-e166420-b)(a)
(a)
Ingenita
quibusdam
Gentibus
erga
Reges
suos
veneratio
.
Lib.
3.
saith
,
That
in
some
Countries
there
is
an
inbred
Obedience
,
or
Veneration
to
their
Kings
.
To
this
day
we
find
the
Eastern
Monarchs
,
as
the
Grand
Seignior
,
Sophy
of
Persia
,
and
others
,
to
have
a
more
absolute
Power
than
the
Christian
Kings
,
and
that
their
People
hold
their
Race
something
Divine
.
Obedience
to
Authority
by
[
](A46988-e166470-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Aeschylus
is
rightly
termed
the
Mother
of
Felicity
;
for
by
it
we
enjoy
whatever
Benefits
the
Prince
,
the
Father
of
his
Country
,
and
all
the
fruitful
Blessings
of
Peace
and
Plenty
,
the
indulgent
Mother
of
our
Happiness
here
on
Earth
can
bestow
upon
a
People
.
[
](A46988-e166510-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
In
lib●de
Josepho
.
Philo
the
Jew
stiles
it
the
best
,
and
most
profitable
thing
in
our
whole
Life
.
Therefore
[
](A46988-e166550-b)(d)
(d)
Plutarch
,
in
Praeceptis
.
Theopompus
,
King
of
the
Lacedaemonians
,
hearing
one
attribute
the
safety
of
Sparta
to
the
Skill
the
King
had
in
Government
,
made
answer
,
That
it
was
rather
to
be
ascribed
to
the
obedience
which
the
People
so
chearfully
payed
to
their
Governours
;
for
is
Sparta
above
all
other
places
,
the
most
powerful
Citizens
shewed
themselves
most
obsequious
to
their
Magistrates
,
and
by
their
Example
,
drew
the
rest
to
do
the
like
,
as
knowing
Obedience
to
be
the
greatest
requisite
both
in
Cities
,
Armies
,
and
private
Families
.
To
which
purpose
we
find
the
Speech
of
[
](A46988-e166600-b)(e)
(e)
Xenoph.
Cyvopaed
.
lib.
8.
Chrysantas
to
his
Country-men
the
Persians
,
telling
them
,
They
can
take
no
Town
of
their
Enemies
,
nor
keep
any
City
of
their
Friends
,
if
they
be
disobedient
:
No
Army
if
they
be
tumultuous
or
irregular
,
can
obtain
Victory
;
nor
can
any
good
be
effected
by
those
that
are
not
obedient
to
Superiors
.
By
this
their
Citizens
were
well
governed
,
their
Houses
preserved
,
Ships
brought
to
the
Coasts
to
which
they
were
bound
:
following
their
Prince
,
they
carried
all
things
before
them
,
leaving
nothing
half
done
;
by
this
they
not
only
purchased
good
things
,
but
preserved
them
.
[
](A46988-e166650-b)(f)
(f)
3.
de
LL.
Cicero
tells
us
,
That
Plato
likened
disobedient
Persons
to
the
Titans
;
for
as
those
set
themselves
in
Opposition
to
the
Gods
,
so
these
to
the
Magistrates
.
The
grave
Historian
[
](A46988-e166700-b)(g)
(g)
Qui
tamen
jussa
Ducum
interpretari
,
quam
exequi
mallent
.
2.
Hist
.
counts
it
the
Infelicity
of
Otho
,
That
though
his
Soldiers
under
Titian
ere
full
of
Spirit
,
yet
withal
,
they
chose
rather
to
interpret
the
Commands
of
their
Captains
,
than
to
obey
;
and
[
](A46988-e166740-b)(h)
(h)
Si
ubi
jubeantur
singulis
quaerere
liceat
;
pereunte
obsequio
etiam
Imperium
intercidit
.
1.
Hist
.
likewise
tells
us
,
That
if
every
one
might
dispute
Commands
,
Obedience
ceasing
,
the
Government
would
be
dissolved
.
To
govern
,
and
to
be
governed
,
are
of
so
near
Relation
,
that
from
the
Composition
of
them
together
,
[
](A46988-e166770-b)(i)
(i)
Apud
Stobaeum
,
Serm.
1.
Crito
the
Pythagorean
well
noteth
,
both
the
Strength
and
Concord
of
the
State
ariseth
.
Two
both
wholsome
and
necessary
things
(
saith
the
great
[
](A46988-e166820-b)(k)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Dio
,
lib.
41.
Caesar
)
Nature
hath
established
among
Men
,
to
Rule
,
and
be
Ruled
,
without
which
it
is
impossible
that
any
thing
,
for
never
so
little
a
while
,
shall
hold
out
.
Qui
imperium
libere
excipit
,
Partem
servitutis
acerbissimam
effugit
;
facere
quod
nolit
non
qui
jussus
aliquid
facit
,
miser
est
,
sed
qui
invitus
facit
,
saith
Seneca
:
[
](A46988-e166890-b)(l)
(l)
Epist.
61.
He
that
chearfully
and
willingly
obeys
Commands
,
escapes
the
bitterest
part
of
Servitude
,
to
do
that
which
he
would
not
;
for
he
is
not
miserable
,
who
doth
what
he
is
commanded
,
but
he
that
doth
it
unwillingly
.
All
the
Office
of
the
chief
Magistrate
is
corrupted
and
dissolved
,
if
any
,
with
due
Obedience
,
do
not
that
which
ought
to
be
done
,
but
instead
of
chearful
Observance
,
require
time
for
advice
,
and
Deliberation
;
for
all
such
as
make
an
hesitation
in
their
Duty
,
and
puts
off
,
have
no
other
inducement
to
it
but
Fear
,
which
is
an
oblation
without
an
Heart
,
spiritless
,
and
palled
.
M.
[
](A46988-e166940-b)(m)
(m)
Tibisummum
Judicium
Dii
dedere
,
nobis
obsequii
gloria
relicta
.
Tacit.
6.
Annal.
Terentius
told
Tiberius
,
That
to
the
Emperor
the
Gods
had
given
the
highest
Judgment
of
things
,
and
to
the
Subjects
the
Glory
of
Obedience
is
left
.
[
](A46988-e166990-b)(n)
(n)
Ea
enim
quae
obsequi
non
eportet
,
leniter
ac
ver●cunde
,
ac
sine
derestatione
●imia
sineque
opp●obration
acerba
reprehensionis
,
declinanda
sensim
,
&
relinquenda
potius
●sse
qu●m
respuend●
.
Noctes
Atticae
,
c.
13.
Aulus
Gellius
gives
an
excellent
Rule
how
Subjects
should
behave
themselves
in
Cases
,
where
they
are
not
free
to
act
and
obey
,
viz.
That
in
those
things
which
it
behoves
us
not
in
our
Opinions
to
obey
,
we
are
to
decline
by
little
and
little
,
mildly
and
reverently
,
without
shewing
of
too
much
Detestation
,
or
bitter
reprehension
,
and
opprobry
;
leaving
the
things
rather
undone
,
than
rejecting
them
.
These
wise
Directions
of
so
great
and
ancient
an
Author
,
are
worth
Imitation
by
our
sturdy
Beggars
of
Liberty
,
who
do
or
have
done
it
in
so
imperious
a
way
,
as
if
they
were
in
a
condition
to
command
it
;
and
yet
when
they
had
the
Power
,
most
Tyrannically
exacted
both
Civil
and
Spiritual
Obedience
from
all
others
,
that
were
not
of
the
same
Mold
and
Cut
with
themselves
.
The
Excellent
Seneca
saith
,
That
Disobedience
would
be
the
Destruction
of
the
Roman
Commonwealth
,
and
so
long
the
People
would
be
out
of
Danger
of
it
,
as
they
endured
the
Bridle
;
which
if
once
they
broke
,
or
being
by
any
chance
broken
,
they
suffered
not
to
be
again
sitted
on
:
[
](A46988-e167070-b)(o)
(o)
Haec
unitas
&
hic
m●ximi
Imp●cii
contextus
in
partes
multas
dissilier
.
Senec.
de
Clem.
lib.
1.
c.
4.
the
unity
and
Contexture
of
the
greatest
Empire
would
fly
in
Splinters
,
and
the
same
end
there
would
be
of
the
Cities
Dominion
,
that
there
was
in
obtaining
it
.
For
of
old
the
Commonwealth
was
so
constituted
,
that
the
Ligament
betwixt
the
Sovereign
and
Subject
could
not
be
dissolved
,
without
both
their
Destructions
;
for
as
the
Prince
stands
in
need
of
the
Peoples
Strength
,
so
the
People
of
the
Headship
of
the
Prince
.
To
the
which
,
[
](A46988-e167100-b)(p)
(p)
Olim
enim
it
●
se
induit
Reipublicae
Caesar
,
ut
diduci
alterum
non
possit
sine
utriusque
pernicie
.
Caesar
saith
,
He
so
embosomed
,
and
inweaved
himself
into
the
Commonwealth
,
that
the
one
could
not
be
disjointed
from
the
other
,
without
the
Destruction
of
them
both
.
But
every
Malecontent
will
be
ready
to
say
they
are
for
Government
,
and
can
chearfully
obey
good
Princes
;
but
such
as
exercise
Arbitrary
Government
,
or
are
Vicious
and
Irreligeous
those
they
cannot
obey
.
To
such
I
would
recommend
the
Saying
of
[
](A46988-e167130-b)(q)
(q)
Bonos
Principes
voto
excipere
,
qualescunque
tolerare
.
Tacit
.
4.
Histor
.
Marcellus
about
Vespasian
,
We
ought
to
desire
good
Princes
,
but
to
submit
to
whatever
they
be
.
So
[
](A46988-e167170-b)(r)
(r)
Quomodo
sterilitatem
aut
nimios
imbres
,
&
caetera
naturae
mala
,
ita
luxum
vel
avaritiam
dominantium
tolerare
.
Ibid.
Cerealis
told
his
Soldiers
,
As
we
endure
Barrenness
,
and
orecharging
Rains
,
and
the
rest
of
the
Evils
of
Nature
,
so
ought
we
to
undergo
even
the
Luxury
,
and
Covetousness
of
Princes
.
For
Vices
will
be
while
there
are
Men
,
but
those
are
not
continual
,
but
by
the
intervening
of
good
Princes
are
recompenced
.
Mr.
[
](A46988-e167200-b)(s)
(s)
Civil
Wars
,
p.
51.
Hobs
truly
Observes
,
That
the
vertue
of
a
Subject
is
comprehended
wholly
in
Obedience
to
the
Laws
of
the
Common-wealth
;
for
to
obey
the
Law
is
Justice
and
Equity
,
which
is
the
Law
of
Nature
;
and
to
obey
the
Laws
,
is
Prudence
in
a
Subject
:
for
without
such
Obedience
,
the
Commonwealth
(
which
is
every
Subjects
Safety
and
Protection
)
cannot
subsist
.
Indeed
Mischief
more
often
happens
to
any
Kingdom
,
from
the
waywardness
,
or
factious
Disobedience
of
Subjects
,
than
from
the
ill
Government
of
Princes
.
Therefore
[
](A46988-e167240-b)(t)
(t)
Plut.
Canvio
.
7.
Sapient
.
Cleobulus
rightly
observed
,
That
the
Republic
is
well
composed
,
where
the
Subjects
fear
Infamy
more
than
the
Laws
;
for
then
it
may
be
presumed
;
they
are
Obedient
out
of
a
Principle
of
Vertue
,
rather
than
Awe
.
Plutarch
[
](A46988-e167280-b)(u)
(u)
De
Institutione
Principis
.
saith
,
That
City
or
Kingdom
is
famous
,
where
every
one
performeth
his
Office
.
If
the
Prince
do
what
becomes
him
,
the
Magistrates
exercise
their
Places
,
and
the
Commonalty
obey
their
Magistrates
,
and
the
Laws
.
This
is
the
Blessed
Harmony
,
wherein
this
sublunary
Government
imitates
the
great
Oeconomy
;
the
nearer
to
which
every
Government
comes
,
the
more
beautiful
and
stable
it
will
be
.
CHAP.
XLII
.
Of
Faction
and
Sedition
in
the
State
:
the
Causers
and
Causes
of
them
.
IN
every
Body
,
whether
Natural
,
Artificial
,
or
Political
,
the
Beauty
,
Gracefulness
,
and
Use
of
it
consists
in
its
Symmetry
,
Firmness
and
Union
.
The
Fragments
of
the
most
excellent
Statue
,
the
Rubbish
of
the
most
magnificent
Pallaces
,
the
crumbled
Dust
and
Atoms
of
the
Beautifullest
Bodies
,
are
the
Objects
of
our
Pity
and
Condoling
:
even
so
ought
to
be
the
Discords
,
Factions
,
and
Seditions
of
a
Commonweal
;
or
Kingdom
;
for
by
these
the
whole
Compages
of
the
Fabrick
is
dissolved
.
It
was
the
Consideration
of
this
that
made
the
[
](A46988-e167350-b)(a)
(a)
Nec
priva●os
focos
,
n●c
publicas
leges
,
nec
libertatis
jura
,
cara
habere
potest
,
quem
discordie
,
quem
cades
civium
,
quem
belium
civile
delectat
:
Ideo
ex
numero
hominum
ejiciendum
,
ex
sinibus
humanae
naturae
extermin
●ndum
puto
.
Orator
say
,
That
those
who
delight
in
Discords
,
in
the
slaughter
of
their
Fellow-Citizens
,
and
a
Civil
War
,
neither
think
their
private
Hearths
,
i.
e.
their
Properties
,
the
publick
Laws
,
or
the
Rights
of
Liberty
,
dear
to
them
;
therefore
ought
they
to
be
spewed
out
from
the
Society
of
rational
Men
,
and
to
be
exterminated
out
of
the
Confines
of
humane
Nature
.
Faction
and
Sedition
being
a
Composition
of
several
mischievous
Ingredients
,
I
shall
single
them
out
,
and
give
short
Characters
of
them
particularly
,
that
the
Reader
may
with
more
ease
know
their
Tendencies
.
The
Persons
that
are
apt
to
be
Seditious
,
1.
The
debauched
Persons
apt
to
be
seditious
.
are
first
the
Debauched
,
as
Tacitus
excellently
observes
,
Privatim
degeneres
,
in
Publicum
exitiosi
,
nihil
spei
nisi
per
discordias
.
Such
as
give
themselves
to
Luxury
,
degenerate
from
the
Virtue
of
their
Ancestors
,
are
unbridled
in
their
Appetites
,
live
without
Rule
and
Order
,
have
no
regard
to
the
Laws
that
should
restrain
them
,
where
nothing
remains
but
the
instrumenta
vitiorum
,
as
the
Curious
[
](A46988-e167430-b)(b)
(b)
Cum
raptci●●mo
cuique
&
perditi●mo
,
non
Agri
,
non
Fanus
,
sed
sol
I
Insirumenta
vitiorum
manerent
.
1.
Histor
.
Historian
elegantly
observes
of
those
that
in
Galba's
time
were
to
refund
Nero's
Donative
.
Such
having
emancipated
and
withdrawn
themselves
from
all
subjection
to
the
Laws
of
the
Soveraign
of
the
Universe
,
no
wonder
they
yield
obedience
to
nothing
but
the
Impetus
of
sensual
Appetites
;
and
orderly
Government
curbing
these
,
makes
it
uneasy
to
them
.
Secondly
,
2.
Vain
and
light-headed
Persons
.
The
vain
and
light
Airy
headed
Persons
are
fitted
to
feather
the
Seditious
Arrows
that
subtiler
Heads
do
fashion
:
these
rush
into
Action
without
deliberation
,
weary
of
things
long
used
,
rather
[
](A46988-e167510-b)(c)
(c)
Pro
certis
&
●lim
partis
,
nov●
,
ambigua
,
ancipitia
malu●
.
Tacit
.
11.
Histor
.
chusing
(
for
the
sake
of
Novelty
)
doubtful
and
uncertain
matters
,
than
such
as
are
the
issues
of
stay'd
Councils
.
Lampoons
,
Libels
,
and
Pamphlets
are
their
chief
Studies
:
They
traffique
most
at
the
Booksellers
Stall
,
they
desire
no
acquaintance
with
the
seriouser
Books
of
his
Shop
;
the
Play-house
and
Coffee-houses
entertain
them
more
than
the
Church
or
Westminster-Hall
.
They
are
brittle
Tools
,
but
sharply
edged
,
where
they
are
to
cut
Feathers
and
Chaff
:
They
are
not
made
to
work
upon
Marble
,
or
write
Laws
in
Tables
of
Stone
.
They
are
the
puffing
Whirlwinds
that
raise
the
Dust
,
the
Ignes
Fatui
that
mislead
poor
Mortals
by
a
little
glaring
light
.
They
are
the
Lapwings
that
whirle
about
you
,
and
no
sooner
stoop
at
you
,
as
if
they
would
let
you
know
what
they
meant
,
but
they
whisk
off
again
.
Thirdly
,
3.
The
Indigent
.
The
Indigent
are
fitted
in
all
respects
for
Sedition
and
Tumults
.
They
are
conscious
of
their
low
Estates
,
and
hope
to
better
them
in
the
Scramble
,
according
to
that
of
the
Poet
[
](A46988-e167580-b)(d)
(d)
Lucan
,
lib.
1.
,
Hinc
usura
vorax
,
avidumque
in
thempora
Foenus
,
Et
concussa
fides
,
&
multis
utile
Bellum
.
In
the
Cities
,
saith
[
](A46988-e167640-b)(e)
(e)
In
Jugurtha
.
Semper
.
in
civitate
,
quibus
opes
nullae
sunt
,
bonis
invident
:
vetera
odere
,
nova
expetunt
;
odio
suarum
rerum
,
omnia
mutori
s●udent
.
Salust
,
those
that
have
no
Riches
,
envy
the
Good
and
Rich
;
they
hate
the
ancient
order
of
things
,
and
are
greedy
of
change
,
studying
Innovations
by
th
uneasiness
of
their
present
condition
,
in
hopes
of
bettering
themselves
.
According
to
the
excellent
[
](A46988-e167670-b)(f)
(f)
Afflict●
sidei
in
pace
,
&
rebus
turbatis
alacres
,
per
incerta
tutissimi
.
Tac.
1.
Hist
.
Historian
,
Those
who
have
little
credit
in
Peace
,
are
joyful
in
disturbance
,
safest
in
uncertainties
:
for
they
know
,
in
the
condition
they
are
in
,
they
are
certainly
undone
;
and
adventures
may
chance
to
be
prosperous
to
them
.
So
the
Philosopher
[
](A46988-e167700-b)(g)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Lib.
5.
Polit.
c.
6.
observes
,
That
those
who
live
intemperately
,
sand
consume
what
they
have
,
study
Novelties
,
and
either
themselves
attain
to
a
Tyrannical
Government
,
or
impel
others
to
exercise
it
;
as
he
instanceth
in
Dionysius
among
the
Syracusans
,
in
the
Hi●parians
,
and
the
Amphipoli
in
Aegina
:
So
Cleotimas
headed
the
Chalcedonian
Poor
against
the
Rich.
So
Tacitus
ascribes
Sylla's
boldness
and
undertakings
to
his
Poverty
:
so
of
Cataline
,
Salust
[
](A46988-e167820-b)(h)
(h)
Homini
potentiam
quarenti
,
egentissimus
quisque
opportunis●mus
;
cui
neque
sua
chara
,
quippe
quae
nalla
sunt
;
omnia
cum
pretio
honesia
videntur
.
tells
us
,
The
Indigent
is
the
most
at
hand
useful
to
Men
that
covet
Power
;
and
gives
the
reason
,
Because
their
own
Fortunes
being
of
small
,
or
no
value
,
the
hopes
of
Reward
and
Gain
makes
every
thing
honest
to
them
.
So
Cicero
speaking
of
Cataline's
Conspiracy
,
tells
us
,
[
](A46988-e167860-b)(i)
(i)
Nemo
non
Roma
,
sed
non
in
ullo
Italiae
angulo
are
aliquo
oppressus
fuit
,
quem
non
ad
hoc
scelus
faedere
assumerent
,
&c.
In
Catilinam
.
That
there
were
none
in
Rome
,
or
any
other
corner
of
Italy
,
who
was
in
Debt
,
but
he
was
receiv'd
into
Confederacy
,
having
spent
profusely
their
Patrimony
,
and
debauched
their
Fortunes
;
Patrimonia
sua
profuderunt
,
fortunas
suas
abligurierunt
.
So
Plato
[
](A46988-e167930-b)(k)
(k)
Lib.
4.
de
Rep●
.
observes
such
to
be
Seditious
,
in
hopes
,
that
if
they
prevail
,
they
may
elude
their
Creditors
;
so
Pericles
is
censured
that
he
fomented
the
Pelepone●sian
War
against
his
Country
,
and
Cicero
objects
the
same
against
Anthony
.
Tacitus
[
](A46988-e168000-b)(l)
(l)
Compositis
rebus
nulla
spes
,
omne
in
turbi●
consilium
;
lux
.
uria
etiam
Principi
onerosa
,
incpia
vix
privuo
toleranda
.
1.
Hist
.
saith
of
Otho
,
There
was
no
hopes
in
Matters
composed
;
Hope
and
Counsel
was
in
the
Tumult
and
Huddle
of
Affairs
;
he
being
luxurious
above
the
State
of
a
Prince
,
and
poor
below
that
of
a
Private
Person
.
To
which
we
may
annex
what
the
Blessed
King
[
](A46988-e168040-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
observes
,
That
some
Men
thirst
after
Novelties
,
others
despair
to
relieve
the
necessities
of
their
Fortunes
,
or
satisfie
their
Ambitions
,
in
peaceable
times
(
distrusting
Gods
Providence
as
well
as
their
own
Merits
)
were
the
secret
(
but
principal
)
Impulsives
to
those
popular
Commotions
.
These
indeed
were
the
Men
,
who
having
glutted
themselves
with
the
spoils
of
the
Royal
Party
,
by
Assesments
they
drained
all
the
Wealth
of
the
Freeholders
,
and
were
never
heard
to
say
,
Oh●
jam
satis
est
.
These
are
Tools
fitted
for
all
Factious
Handles
and
Hafts
;
and
being
always
sharp
,
cut
deepest
with
a
forceable
Hand
.
Necessitas
ad
turpe
cogit
;
nothing
is
so
Villainous
,
that
Reward
,
and
the
hopes
of
bettering
their
Fortunes
,
well
not
tempt
them
to
perpetrate
.
The
Fourth
Cause
of
Faction
and
Sedition
,
is
Ambition
.
4.
The
Ambitious
.
The
Philosopher
joyns
them
to
the
Covetous
,
and
Giphanius
calls
them
the
Pestes
&
publicae
fontes
Seditionum
,
the
Plague
of
a
Commonwealth
,
and
the
Fountains
of
Sedition
.
So
Timon
in
Stobaeus
saith
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
omnium
malorum
&
calamitatum
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
elementa
sunt
.
Ambitious
Persons
are
the
Touch-wood
and
Tinder
of
Sedition
;
a
little
Spark
inflames
them
.
Ambition
is
a
prime
Ingredient
in
all
Factions
,
leading
Men
naturally
to
change
the
model
of
all
things
Civil
and
Sacred
,
that
is
not
the
product
of
their
Counsel
.
This
excites
them
to
seek
the
removal
of
such
,
who
enjoy
more
Honorary
or
Beneficial
places
than
themselves
.
Those
[
](A46988-e168200-b)(n)
(n)
Honores
quos
quieta
Republica
desperant
,
perturata
consequi
se
posse
arburantur
.
Honours
which
they
despair
to
enjoy
in
a
composed
,
they
judge
they
may
acquire
in
a
disturbed
State
.
These
(
saith
a
late
[
](A46988-e168220-b)(o)
(o)
Address
,
●
1.
P.
30.
Author
)
are
generally
the
Incendiaries
which
kindle
the
Fire
of
Intestine
War
.
They
are
the
worst
pests
a
People
can
be
Plagued
with
,
having
rarely
either
Religion
,
Conscience
or
Honesty
.
If
they
rise
,
they
are
the
worst
companions
;
they
caress
and
flatter
the
People
only
for
their
own
advantage
.
If
they
miscarry
,
they
leave
the
poor
deluded
Vulgar
to
sink
,
and
they
get
the
Prey
.
So
that
nothing
is
got
by
these
sort
of
Men
,
but
much
may
be
lost
.
All
the
People
of
the
World
,
that
have
been
free
,
and
are
not
,
have
been
ruined
by
these
sort
of
Men
,
except
those
conquered
by
Foreigners
.
It
is
an
high
commendation
that
[
](A46988-e168260-b)(p)
(p)
Aut
me
amor
suscepti
negotii
fallit
,
aut
nulla
unquam
Respublica
,
nec
major
,
nec
sanctior
,
nec
bonis
exemplis
ditior
fuit
,
nec
in
qua
tam
sero
avaritia
,
luxuriaque
immigraveri●
;
nec
ubi
tantus
,
ac
tam
diu
parsimoniae
&
paupert
uis
honos
fuerit
.
Livius
Prooemio
.
Livy
gives
to
the
Roman
Commonweal
,
That
unless
the
love
of
his
undertaken
Work
might
byass
him
,
there
was
never
a
Commonweal
greater
,
or
holier
,
or
richer
in
good
Examples
,
nor
into
which
so
late
,
Avarice
and
Luxury
entred
,
or
where
Poverty
and
Parsimony
had
such
a
durable
Honour
.
But
Salust
as
truly
observes
,
that
after
they
had
destroyed
Cavthage
,
Discordia
atque
Ambitio
,
&
caetera
secundis
rebus
oriri
sueta
mala
,
maxime
aucta
fuere
;
Discord
and
Ambition
,
and
the
rest
of
the
Evils
that
usually
attend
Prosperity
,
were
encreased
.
These
indeed
are
the
Cankers
of
Peace
and
Plenty
,
as
it
is
usual
in
temperate
years
,
that
with
the
abundance
of
Fruits
,
swarms
of
Locusts
,
Caterpillars
,
and
other
mischievous
Insects
encrease
.
The
Character
of
an
Ambitious
Man
,
in
a
great
[
](A46988-e168340-b)(q)
(q)
Gregorias
in
Registro
.
Author
,
is
,
That
he
is
always
searing
,
always
careful
lest
he
say
what
will
displease
,
counterfeiting
Humility
,
Honesty
,
Affability
,
and
Bountifulness
;
cringing
to
all
,
frequenting
Courts
of
Princes
,
visiting
the
Nobility
,
obsequious
to
all
,
that
he
may
be
praised
of
all
:
But
when
he
hath
attained
his
ends
,
he
is
quite
another
Man
,
proud
and
haughty
,
not
[
](A46988-e168350-b)(r)
(r)
Non
cura●
prodesse
,
sed
gloriatur
praesse
.
caring
to
profit
others
,
but
to
preside
over
them
;
not
so
much
caring
to
do
good
in
his
Office
,
as
to
be
great
,
[
](A46988-e168360-b)(s)
(s)
Senec.
Tragaed
.
tantum
ut
noceat
cupit
esse
potens
.
Fifthly
,
5.
The
envious
.
the
Envious
are
canker'd
Branches
in
a
Common-wealth
.
Envy
(
saith
my
[
](A46988-e168400-b)(t)
(t)
Essay
,
c.
8.
fol.
35.
Lord
St.
Albans
)
is
a
gadding
Passion
,
walketh
the
Streets
,
seldom
is
at
home
.
Those
that
are
Gossipers
,
and
spend
their
time
in
carrying
News
[
](A46988-e168440-b)(u)
(u)
Non
est
curiosus
,
quin
idem
est
malevolus
.
betwixt
one
another
,
in
their
Evening
Chat
,
mostly
enviously
detract
from
the
Fame
of
others
.
Men
of
noble
Birth
,
are
noted
to
be
Envious
towards
new
Men
when
they
rise
;
for
the
distance
is
altered
,
and
it
is
like
Deceit
in
the
Eye
,
when
others
come
on
,
they
think
themselves
go
back
.
Envy
is
a
Disease
,
spreadeth
like
Infection
upon
that
which
is
sound
,
and
tainteth
it
so
,
that
when
it
is
once
got
into
a
State
,
it
traduceth
the
best
[
](A46988-e168470-b)(w)
(w)
Inviso
semel
Principe
seu
bene
seu
male
,
facta
premunt
.
Tacit.
1.
Histor
.
Actions
,
and
hath
this
addition
to
its
Mischief
,
that
it
incessantly
is
at
work
.
As
the
Vulture
feeds
on
Carrion
rather
than
fresher
Meats
,
the
Flies
seek
Dung
and
rotten
Matter
:
so
the
Envious
is
always
Preying
on
what
is
putrid
in
the
Commonweal
,
of
which
he
is
the
Scavinger
,
contaminating
the
best
Administration
by
his
loathsome
Blasting
;
corroding
and
eating
like
a
Canker
,
ever
detracting
from
the
present
[
](A46988-e168490-b)(x)
(x)
Virtutem
incolumem
odimzs
,
sublatam
ex
oculis
quaerimus
invidi
.
Horat.
lib.
3.
Od.
14.
management
,
and
admiring
what
is
by-past
.
Envy
is
always
working
,
finding
new
and
new
matter
to
work
upon
.
One
Man's
higher
Place
troubles
him
,
anothers
greater
Endowments
,
Offices
,
or
popularity
;
so
that
to
the
Envious
there
are
no
[
](A46988-e168510-b)(y)
(y)
Invidia
festos
dies
non
agit
.
6.
The
discontented
.
Holy
days
.
Sixthly
the
Discontented
.
They
are
always
unquiet
,
nothing
pleaseth
them
,
wherein
they
have
not
the
Share
they
covet
in
the
Administration
;
they
are
uneasy
to
themselves
,
to
others
,
and
the
whole
State
.
Discontents
in
the
Body
Politick
,
are
like
to
ill
humours
in
the
Body
natural
,
which
are
apt
to
gather
into
preternatural
heat
,
and
inflame
,
grow
dangerous
,
and
ill
=
boding
,
when
the
causes
of
them
are
long
pent
up
before
they
be
observed
,
or
are
really
given
to
Man
of
great
Spirits
,
and
the
Multitude
.
The
discontented
(
saith
a
[
](A46988-e168560-b)(a)
(a)
Address
,
pars
1.
p.
35.
late
Author
)
are
the
silliest
Animals
in
the
World
.
If
the
Government
hath
injured
me
,
I
ought
to
take
it
as
the
injuries
of
the
Weather
,
not
to
rage
and
fret
at
it
.
Kingdoms
and
Nations
have
been
ruined
by
such
Fools
,
who
have
ever
pay'd
dear
for
such
revenge
,
and
been
buried
in
the
ruines
they
plucked
down
about
their
own
Ears
.
These
Malecontents
are
under
the
dominion
of
the
strongest
Passions
,
and
are
not
Masters
of
their
own
Reason
;
which
is
no
part
of
the
Case
of
others
,
who
furnish
them
with
Brands
and
Granadoes
,
without
which
these
Gentlemen
might
possibly
after
a
little
sullen
rage
,
have
come
into
their
Wits
again
.
But
when
they
see
their
Passions
are
not
only
pitied
or
cherished
,
but
applauded
;
it
is
a
thousand
to
one
,
they
never
recover
out
of
their
distemper
,
or
not
to
be
sure
,
till
they
,
or
the
Publick
have
smarted
for
their
folly
,
and
those
who
have
caressed
the
devilish
humor
in
them
.
Seventhly
,
Emulous
Persons
(
who
can
neither
endure
equals
,
7.
The
emulous
.
or
superiours
)
are
great
promoters
of
Factions
;
for
when
Men
of
great
or
over-weening
Parts
,
such
as
have
been
great
Commanders
,
or
Ministers
of
State
,
by
the
interposing
of
others
,
are
obstructed
in
the
sole
managery
of
publick
Affairs
,
or
any
other
ways
disobliged
,
they
are
egged
on
to
make
the
opposite
Faction
,
and
so
the
Commonweal
is
shaken
by
them
:
and
though
this
discontent
begin
in
smaller
matters
,
wherein
the
State
is
not
so
much
concerned
,
or
the
subverting
of
Government
is
to
be
feared
;
yet
Ambition
stepping
in
,
Discontent
grows
to
Revenge
,
and
then
calls
in
all
the
Auxiliaries
of
Faction
;
which
being
rendezvouzed
,
they
are
most
difficultly
reformed
,
before
one
side
be
Conqueror
.
And
so
from
a
few
personal
Dissatisfactions
,
proceed
those
rude
Shocks
which
endanger
the
whole
Government
.
So
in
Athens
we
read
of
the
aemulous
Dissentions
betwixt
Nicias
and
Alcibiades
,
Themistocles
and
Aristides
,
and
after
of
Demosthenes
and
Eschines
,
and
others
;
and
so
in
Rome
betwixt
Capio
and
Metellus
,
Scipio
Asricanus
and
Metellus
,
Gracchus
and
Scipio
,
Pompey
and
Caesar
:
of
which
I
have
at
large
treated
in
the
Chapter
of
Commonwealths
.
So
Tacitus
speaking
of
Cecinna
,
who
having
command
of
a
Legion
under
Galba
,
being
laid
aside
,
upon
an
Accusation
that
he
had
misimployed
the
Publick
Mony
to
his
own
use
;
[
](A46988-e168780-b)(b)
(b)
Aegre
p●ssus
,
miscere
cuncta
,
&
privata
vulnera
Reipublicae
malis
operi●e
statuit
.
Tacitus
1.
Histor
.
grew
Malecontent
,
and
endured
it
ill
,
and
in
the
tumultuous
times
,
having
got
the
Soldiers
good
will
,
he
was
busy
to
promote
all
kind
of
Seditions
,
designing
to
cover
his
own
Wounds
with
the
mischiefs
to
the
Commonweal
.
Eighthly
,
8.
Popular
Men.
The
popular
Men
are
Engines
fitted
for
Sedition
,
if
they
be
not
well
principled
to
the
Government
;
for
by
them
the
[
](A46988-e168820-b)(c)
(c)
Causa
a●que
origo
furoris
penes
Autores
,
reliqui
contagione
insaniunt
.
Livius
.
1.28
.
Populace
is
easily
and
effectually
moved
,
and
they
give
Beginning
to
the
Rage
of
the
People
,
the
rest
being
mad
by
Contagion
,
and
Infection
.
These
having
by
many
good
and
plausible
Deeds
,
gained
Credit
with
the
Mobile
,
and
using
all
their
Arts
to
captivate
their
affections
,
can
lead
and
guide
them
with
as
much
ease
,
as
the
small
Rider
doth
the
bulky
Elephant
,
or
the
Keeper
doth
the
Rhinoceros
,
or
the
Bearward
his
Bear
,
by
their
Rings
and
Chains
.
So
Tacitus
gives
frequent
Examples
of
such
Mens
courting
the
People
,
and
ingratiating
themselves
with
them
,
when
they
needed
their
Hands
to
help
them
to
attain
their
Aims
;
especially
in
the
Conspiracy
[
](A46988-e168870-b)(d)
(d)
Nec
deerat
Otho
,
protendens
m●nus
,
adorare
vulgum
,
jacere
oscula
&
omnia
serviliter
pro
dominatione
.
Tacit.
1.
Histor
.
of
Otho
against
Galba
,
where
he
tells
us
,
that
Otho
besides
his
Feasting
and
giving
Largesses
to
his
Soldiers
,
was
not
wanting
(
even
after
he
had
taken
Arms
)
to
stretch
out
his
Embraces
to
the
People
,
humbly
to
salute
them
,
give
all
tokens
of
intimate
affection
,
and
all
servility
,
in
hopes
of
obtaining
thereby
the
Rule
.
Such
popular
Men
are
most
to
be
feared
,
who
are
like
[
](A46988-e168930-b)(e)
(e)
Vni
Antoni●
apertae
militum
aures
,
nam
&
facundia
aderat
,
mulcendique
vulgum
Artes
&
Auctorit
as
.
Tacitus
1.
Hist
.
Antonius
,
one
of
Vespasian's
great
Captains
,
of
whom
Tacitus
saith
,
That
to
him
alone
the
Soldiers
Ears
were
open
;
for
he
had
Eloquence
,
and
the
Arts
of
making
gentle
,
and
pacifying
the
Multitude
,
and
had
Authority
with
them
.
Ninthly
,
9.
Cunning
close
Men.
The
cunning
close
Men
,
who
can
best
dissemble
their
evil
Intentions
,
are
dangerous
Ingredients
of
Faction
;
such
as
[
](A46988-e169000-b)(f)
(f)
Pulckra
loquentes
,
iidem
in
pectore
prava
struant
.
Odyss.
5.
speak
fair
and
plausible
things
of
the
Government
,
but
in
their
Bosom
,
and
to
their
Confidents
,
and
secret
Friends
,
are
framing
Mischief
.
Of
such
,
Livy
speaks
,
that
by
little
Arts
they
strow
their
[
](A46988-e169030-b)(g)
(g)
Fraus
in
parvis
,
fidem
sibipraestant
,
ut
cum
operae
pretium
sit
,
cum
m●rcede
fallant
.
Liv.
lib.
28.
ways
to
Credit
,
that
when
it
is
for
their
purpose
,
they
may
deceive
with
so
much
more
advantage
to
their
publick
or
private
Designs
.
These
are
such
as
speak
not
openly
against
the
Government
but
can
afford
it
some
good
words
;
but
then
you
shall
be
sure
they
will
subjoyn
some
sighing
Wish
,
That
such
or
such
a
thing
were
amended
,
or
better
managed
.
Tenthly
,
Innovators
in
Religion
are
the
most
dangerous
of
all
others
,
to
kindle
Factions
;
10.
Innovators
in
Religion
.
their
Fire
is
pretended
to
be
from
Heaven
,
their
zeal
warmed
with
a
divine
breath
from
the
Altar
.
Diversity
of
Religions
(
saith
a
late
grave
[
](A46988-e169090-b)(h)
(h)
Address
,
part
I
p.
10.
Writer
)
cause
the
greatest
Ferment
of
the
People
.
From
hence
the
Part-taking
,
and
Part-making
,
ill
Will
,
Hatred
,
Contentions
and
Jealousies
spring
,
one
Party
hoping
to
rise
,
another
Party
fearing
it
may
be
so
,
and
striving
to
pull
down
or
keep
down
another
.
Presbytery
,
saith
he
,
is
a
State-Faction
hatched
in
Rebellion
,
and
a
popular
State
;
the
whole
Scheme
of
it
adapted
to
those
ends
,
totally
inconsistent
with
Monarchy
,
and
the
freedom
and
liberty
of
any
People
that
will
not
be
Slaves
to
the
Clergy
:
and
this
is
not
so
much
the
Doctrine
,
as
the
necessary
effects
of
its
ill
Principles
.
Independency
sprung
out
of
it
,
as
luxuriant
Suckers
from
the
roots
of
the
Tree
;
every
Minister
of
that
perswasion
,
desiring
only
to
be
Head
of
his
own
Congregation
,
advanced
the
Banner
of
Toleration
,
so
that
some'reckoned
one
hundred
and
forty
several
Factions
and
Heresies
;
the
Seeds
and
Reliques
whereof
are
still
scattered
among
us
,
ready
upon
any
benign
Vote
of
an
House
of
Commons
(
as
that
was
about
the
taking
off
the
Penal
Laws
,
and
the
Union
of
Protestants
)
to
sprout
out
of
the
Soil
they
lay
covered
in
.
So
that
a
worse
Crop
than
that
of
Cadmus's
armed
men
may
be
expected
,
when
ever
any
cherishing
warmth
enlivens
them
.
This
too
manifestly
appeared
of
late
,
when
such
as
for
above
twenty
years
,
had
lived
Separatists
from
the
Church
established
by
Law
;
yet
to
be
qualified
for
places
of
Trust
,
Authority
or
Preferment
,
and
to
imploy
them
to
the
ruin
of
the
Church
and
Monarchy
,
could
take
the
Sacrament
,
Test
,
&c.
with
all
the
Formalities
required
by
the
Act.
We
find
none
of
those
Pamphlets
that
inveigh
against
Arbitrary
Government
,
but
they
generally
are
against
the
Church
and
Monarchy
;
such
as
these
took
advantage
at
the
consternation
of
the
People
at
the
Plague
,
Fire
,
and
their
Plot
,
to
push
their
designs
forward
;
which
they
might
do
with
the
greater
safety
,
because
of
the
confusion
the
People
were
in
.
So
that
the
Scourge
(
which
as
far
as
any
man
can
judge
)
was
sent
for
the
sins
of
the
former
Rebellion
,
was
made
by
them
a
means
of
disposing
them
to
commit
the
same
over
again
,
when
time
and
opportunity
serve
,
as
the
same
Author
observes
.
Thus
far
my
Author
.
Having
under
these
Ten
general
Heads
ranked
the
several
causes
of
Sedition
,
I
shall
refer
the
Reader
to
the
[
](A46988-e169190-b)(i)
(i)
Polit.
lib.
5.
c.
3.
Giphanii
Comment.
Philosopher
and
his
Commentators
,
to
consider
several
others
that
are
less
material
to
my
purpose
;
noting
only
,
that
he
divides
the
causes
into
such
as
are
real
causes
,
and
naturally
produce
such
effects
in
the
ill
managery
of
Government
,
and
such
as
by
designing
men
are
the
pretended
causes
,
which
are
Blinds
and
false
Colours
to
muster
the
Parties
under
.
The
pretences
that
Factious
and
Seditious
persons
generally
use
,
are
,
That
the
Government
invades
the
Property
of
the
People
,
by
illegal
impositions
of
burthens
upon
them
;
That
the
Laws
and
Customs
are
altered
,
There
is
Innovation
in
Religion
,
Unworthy
Persons
are
advanced
,
who
promote
Oppression
and
Arbitrary
Rule
.
Liberty
and
ease
[
](A46988-e169220-b)(k)
(k)
Lilert●s
〈…〉
Tacit.
1.
Histor
.
of
the
People
from
some
pressures
or
grievances
are
pretended
.
This
is
the
Tabret
,
and
the
Horn-pipe
to
the
Mobile
,
this
sets
them
all
on
gog
.
The
weather-cock
common-man
thinks
himself
set
upon
the
Spires
of
Steeples
,
or
the
tops
of
common
Halls
,
though
he
sees
not
a
span
length
before
him
.
He
is
easily
[
](A46988-e169250-b)(l)
(l)
〈…〉
&
suturi
improvid●s
spe
vana
〈◊〉
.
Id.
puffed
up
with
vain
hopes
of
liberty
,
and
when
the
Factious
designers
have
once
possessed
the
People
,
that
such
and
such
Actions
of
the
Magistrates
have
a
tendency
to
deprive
them
of
their
Properties
,
Priviledges
and
Liberties
,
their
jealousies
hurry
them
into
all
the
acts
of
Rage
and
Madness
,
which
prove
so
fatal
to
Kingdoms
.
For
when
the
Rabble
(
that
bellua
multorum
Capitum
)
once
feels
their
strength
,
and
finds
the
reigns
loose
on
their
Necks
,
they
are
ungovernable
,
wild
and
untameable
.
The
hard-mouthed
Creature
despiseth
the
Bitt
,
and
casts
the
Rider
;
though
it
's
the
ircertain
Fate
to
be
mouthed
by
a
much
greater
Oppressor
that
so
jades
them
,
that
they
are
blessed
if
they
may
obtain
the
benefit
of
their
former
despised
Masters
rule
.
The
Nurseries
of
Sedition
are
great
and
populou●
Cities
,
The
Nu●●ries
of
S●dition
.
being
bodies
aggregated
of
all
dispositions
.
Hence
the
Philosopher
[
](A46988-e169300-b)(m)
(m)
Giph●
.
〈…〉
in
c.
15.
lib.
4.
〈◊〉
Arist.
well
observes
,
That
if
the
Citizens
be
rich
,
they
can
spare
time
to
hear
the
Orations
of
the.
Demagogues
,
to
club
in
Consultations
and
Combinations
,
and
bestow
some
parts
of
their
wealth
to
carry
on
their
designs
.
If
poor
and
wanting
imployments
,
they
are
ready
for
all
evil
impressions
and
tumults
;
they
are
ready
to
ascribe
the
want
of
their
Trade
,
and
their
poverty
,
to
the
ill
administration
of
the
Government
.
All
sorts
make
it
a
relaxation
of
their
toils
and
cares
in
the
managing
their
Trades
,
to
refresh
themselves
with
occurrences
of
State
;
here
seditious
Libels
,
half
whispers
,
false
News
,
licentious
discourses
,
jealousies
,
murmurings
and
repinings
are
forged
,
to
be
Repast
for
every
Palate
;
Oglios
here
of
several
kinds
are
cooked
by
the
Seditious
;
so
they
such
Poyson
with
their
very
racy
Liquors
;
they
grow
as
wise
as
Statesmen
,
by
drinking
Tea
and
Coffee
,
and
by
telling
and
hearing
shreds
of
News
.
Their
Ale
and
Claret
makes
their
Political
heads
settle
affairs
of
State
;
and
according
to
their
own
inclinations
,
they
furnish
their
Correspondents
with
News
by
retail
,
casking
them
up
with
their
Wares
,
and
the
Plague
spreads
into
the
Country
by
that
means
.
Besides
,
in
this
vast
multitude
,
it
cannot
be
wondred
there
should
be
diversities
of
Opinions
,
as
well
as
Interests
:
Some
,
and
those
the
wisest
,
favouring
[
](A46988-e169350-b)(n)
(n)
Alii
Principum
partibus
,
alii
Patriciorum
&
Factionibus
student
.
Tacitus
.
their
Prince
,
others
the
Patriots
(
as
they
call
them
)
and
study
Factions
.
Yea
the
very
heads
of
several
Companies
and
Societies
,
often
bandy
one
against
another
by
emulations
first
,
and
after
by
siding
into
Parties
:
so
that
it
is
observable
,
that
by
their
natural
proneness
to
Factions
,
where
nothing
but
Rivers
,
low
and
high
grounds
,
have
divided
the
Inhabitants
,
those
local
distinctions
have
been
sufficient
to
discriminate
them
into
Parties
.
So
it
happened
betwixt
the
Inhabitants
of
the
Pyroeus
and
Athens
,
also
at
Syracuse
betwixt
the
City
and
Cittadel
;
At
Rome
betwixt
the
Cis
and
Trans-Tyberini
.
So
at
[
](A46988-e169430-b)(o)
(o)
Monstrelate
,
lib.
1
Paris
the
Inhabitants
on
one
side
the
Seyne
were
for
the
Faction
of
Orleance
,
and
the
other
for
Burgundy
;
The
like
we
have
known
between
London
and
Southwark
,
and
Westminster
and
London
.
A
judicious
[
](A46988-e169530-b)(p)
(p)
Humane
Prudence
.
Author
saith
,
A
great
City
is
the
fittest
Engine
to
turn
an
old
Monarchy
into
a
new
Commonwealth
:
and
the
reason
is
obvious
;
for
Corporations
and
Cities
are
so
many
Republicks
within
a
Monarchy
,
which
when
by
their
Combinations
in
numerous
swarms
they
attcque
,
they
much
endanger
:
though
being
composed
of
the
Loyal
as
well
as
Factious
,
after
they
have
found
the
tyranny
of
their
fellow
Citizens
,
and
the
difference
betwixt
the
mild
Rule
of
their
Princes
,
and
the
Arbitrary
one
of
their
fellows
,
they
mostly
return
to
their
Senses
and
Allegiance
again
.
CHAP.
XLIII
.
Of
the
Symptoms
and
Diagnostick
signs
of
Sedition
and
Faction
.
THE
learned
[
](A46988-e169580-b)(a)
(a)
Apud
Japonios
Campana
est
,
quae
quoties
Regno
magnae
instant
Seditiones
Tumultusque
,
suapte
sponte
pulsatur
.
Phonarg
.
lib.
2.
sect.
3.
c.
14.
Athanasius
Kircher
,
in
his
curious
Book
or
Sounds
tells
us
,
That
in
Japan
there
is
a
Bell
,
which
toleth
of
its
own
accord
,
so
often
as
great
Seditions
and
Tumults
are
forming
or
beginning
in
the
Kingdom
.
And
in
Spain
in
a
Town
called
Vibilla
,
in
the
Diocess
of
Caesar
Augusta
[
](A46988-e169650-b)(b)
(b)
Lib.
2.
de
Fascinatione
,
cap.
14.
(
Varius
tells
us
)
there
is
a
Bell
which
they
call
Miraculous
,
for
that
some
Months
before
any
mischief
or
calamity
befalls
Christendom
,
it
sounds
by
it self
without
any
one
that
is
known
to
ring
it
,
as
in
several
calamitous
periods
he
mentions
.
As
to
matter
of
fact
(
though
attested
by
grave
Authors
)
I
shall
not
make
any
enquiry
,
whether
the
Relations
be
true
or
not
.
But
if
God
Almighty
had
vouchsafed
such
a
vertue
to
every
Parish
Bell
,
it
might
supersede
all
enquiries
into
the
signs
of
approaching
Sedition
and
Faction
:
Yet
I
question
whether
it
would
enable
Governours
to
prevent
them
;
for
the
most
would
be
apt
to
conclude
,
That
as
they
were
by
a
supernatural
Power
,
or
from
the
Deity
appointed
to
be
the
presages
of
Factions
and
Seditions
;
so
they
would
conclude
that
God
Almighty
had
destined
such
Commotions
,
and
would
be
the
more
ready
to
promote
and
push
them
forward
.
Shepherds
of
People
(
saith
the
ingenious
[
](A46988-e169710-b)(c)
(c)
Essays
.
Descriptions
of
the
Signs
particularly
.
Chancellor
)
had
need
know
the
Kalenders
of
Tempests
in
the
State
.
There
are
certain
hollow
blasts
of
winds
,
and
secret
swellings
of
Seas
that
forerun
them
,
and
so
there
are
in
States
.
First
,
Hatred
.
Hatred
to
the
Government
is
a
certain
sign
of
intended
Sedition
.
It
is
not
easie
to
be
conceived
,
saith
Seneca
[
](A46988-e169750-b)(d)
(d)
Neseis
qu●ta
rab●es
oriatur
,
●hi
supra
modum
olia
crev●runt
.
De
Clementia
.
,
how
great
a
Rage
may
arise
when
the
hatred
is
over-grown
:
it
is
then
ready
to
teem
,
and
the
Poison
will
break
forth
.
Therefore
Cicero
saith
,
No
Government
can
be
lasting
,
which
is
much
feared
,
be
it
grounded
or
ungrounded
:
for
[
](A46988-e169780-b)(e)
(e)
Quem
quisque
odit
,
p●riisse
expetit
.
Cic.
de
Officiis
,
2.
men
naturally
hate
whom
they
fear
,
and
whomsoever
one
hates
on
such
an
occasion
,
he
wisheth
his
destruction
.
Secondly
,
Contempt
.
This
secret
hatred
acquires
an
efficaciousness
by
Contempt
;
for
Fear
is
slow
and
undaring
,
but
Contempt
puts
on
the
Armor
:
Fear
is
an
extinguisher
of
an
Attempt
,
and
a
Prince
is
in
Sanctuary
while
his
Enemies
fear
:
but
when
a
Factious
man
is
emboldened
to
contemn
his
Prince
,
he
shaketh
off
fear
,
and
consequently
reverence
.
This
happens
most
to
mild
Princes
and
criminally
merciful
,
by
which
they
do
themselves
and
the
[
](A46988-e169820-b)(f)
(f)
Pleb●
Reverentiam
omnem
excutiunt
,
&
licenti●●
pr●bent
peccandi
,
Arist.
Polit
lib.
6.
c.
4.
publick
great
harm
;
liberty
is
thereby
taken
of
trangressing
,
and
the
Reverence
of
the
People
is
thereby
laid
aside
.
[
](A46988-e169840-b)(g)
(g)
Augetur
&
crescit
quicquid
in
honore
est
,
desi●it
&
minuit
quiequid
in
contemptu
.
Dio
in
Nerva
.
While
Honour
to
the
Prince
lodgeth
in
the
Subjects
breasts
,
the
veneration
to
him
daily
encreaseth
;
but
when
he
is
once
contemned
,
his
Authority
and
Power
sinks
in
the
Socket
,
For
Reverence
is
that
wherewith
Princes
are
girt
of
God
,
and
when
Discords
,
Quarrels
and
Factions
are
carried
openly
and
audaciously
,
it
is
a
sign
that
reverence
to
Government
is
lost
.
In
Tiberius's
time
,
Greedy
after
News
.
when
Julius
Fl●rus
headed
the
Gallick
Rebellion
[
](A46988-e169910-b)(h)
(h)
Cuncta
in
m●jus
credita
,
mul●i
prasentium
odio
&
cupidine
muationis
suis
quoque
periculis
●atabantur
.
3.
Annal.
Tacitus
gives
us
an
account
how
the
Male-contents
at
Rome
received
the
news
of
it
,
whereby
we
may
learn
some
Symptoms
of
Seditions
.
For
all
things
(
saith
he
)
done
by
Florus
were
believed
to
be
worse
;
many
for
the
hatred
they
bore
to
the
present
management
,
and
out
of
the
desire
of
changes
,
even
rejoyced
in
their
own
dangers
.
Thirdly
,
Libels
.
Other
great
signs
of
Troubles
and
Factions
,
are
sholes
of
Libels
and
licentious
discourses
against
the
State
,
spreading
false
News
to
the
disadvantage
of
it
,
the
often
running
up
and
down
of
such
,
and
the
greedy
embracing
them
;
for
Seditious
Tumults
and
Seditious
Fame
,
are
but
Brothers
and
Sisters
.
The
Presses
are
pestered
with
Seditious
Pamphlets
,
deluding
,
abusing
,
flatterring
,
enticing
,
terrifying
,
or
[
](A46988-e169990-b)(l)
(l)
Address
,
Part.
3.
affrighting
,
according
as
they
may
be
serviceable
to
the
Faction
they
wish
for
.
The
Illustrious
Saint
and
Martyr
felt
the
heat
,
and
suffered
the
scorchings
of
those
Tongues
set
on
fire
by
Hell
,
and
after
of
those
Pamphlets
sparks
and
flakes
which
raised
that
fatal
fire
in
his
three
Kingdoms
:
and
when
the
Kings
Ministers
,
his
Judges
,
Officers
Civil
and
Military
,
were
represented
in
the
most
odious
manner
that
malice
could
invent
,
with
a
thousand
false
and
ridiculous
Lies
of
fear
of
Popery
,
and
Arbitrary
Government
(
which
was
,
and
ever
will
be
,
the
burden
of
those
Syrens
Songs
)
it
was
easie
to
discover
the
approaching
Storm
,
and
an
evident
Symptom
of
a
distempered
People
on
the
Tiptoes
of
Frenzy
.
The
grave
[
](A46988-e170030-b)(m)
(m)
Occultis
primum
s●rmonibus
,
ut
vetita
solent
;
mox
vago
rumore
apud
imperiti●imi
cujusque
promptas
a●es
,
aut
rursum
ap●d
tur●idos
,
eoqu●
nova
cvpientes
.
Tac●
.
2.
Anna●
.
Historian
describes
secret
murmurers
,
and
spreaders
of
false
News
,
thus
,
That
they
begin
with
secret
Speeches
,
as
is
usual
in
matters
forbidden
;
then
with
wandring
Rumours
,
fitted
for
the
open
ears
of
the
most
unskilful
,
and
then
adapted
for
the
turbulent
,
and
those
that
are
desirous
of
change
.
Thus
they
raise
their
Trumpets
till
they
sound
to
Arms
,
and
Onset
.
Fifthly
,
These
are
open
contagious
Airs
,
Clubs
and
Consults
.
Shafts
flying
by
Night
and
Day
,
but
they
arise
from
the
hollow
Caverns
,
where
Clubs
and
Associations
sit
brewing
of
them
,
and
feathering
those
Bolts
.
So
Tacitus
[
](A46988-e170080-b)(n)
(n)
Per
conciliabula
&
caetus
seditiosa
disserebant
.
Lib.
3.
Annal
.
observes
of
the
Ga●ls
,
In
little
Consults
they
debated
Seditious
Matters
.
Where
obiter
we
may
note
,
how
congenial
the
Actions
of
Seditious
Persons
are
in
all
Ages
;
which
he
further
describes
in
the
method
of
[
](A46988-e170120-b)(o)
(o)
Nocturnis
colloquiis
,
aut
flexo
ad
vesp●um
die
,
delapsis
melioribus
,
deterrimum
quemque
congregantes
.
Idem
,
1.
Annal.
Porcennius
when
he
excited
the
Souldiers
of
Pannonia
to
Rebellion
,
That
by
Nightly
Conferences
,
and
Evening
Clubs
,
when
the
better
sort
were
retired
,
he
gathered
the
worst
,
and
such
as
he
could
confide
in
,
to
work
them
to
his
purpose
,
and
confederate
them
to
carry
on
his
Designs
.
Sixthly
,
The
Method
[
](A46988-e170170-b)(p)
(p)
Studi●
militum
affectaverat
,
contubernales
appellando
,
alios
agnoscere
,
quosdam
requirere
,
pecunia
aut
gratia
juvare
:
inserendo
querel●s
&
ambiguos
de
Galba
sermones
,
quaeque
alia
turbamenta
vulgi
.
Lib.
1.
Histor
.
Otho
took
to
supplant
Galba
,
Calumnies
.
the
same
Judicious
Historian
describes
thus
:
That
he
had
practised
before
to
get
the
Favour
and
good
will
of
the
Souldiers
,
calling
them
Mates
,
and
Companions
,
relieving
,
and
being
bountiful
to
them
,
inserting
now
and
then
complaints
,
and
glancings
at
Galba
,
with
Speeches
of
doubtful
Construction
,
or
what
other
way
he
could
bethink
him
,
to
stir
up
,
and
alter
the
Vulgar
sort
by
disquieting
and
affrighting
them
.
Thus
the
Designers
of
changes
in
any
State
,
fit
their
Discourses
to
the
present
emergencies
of
Affairs
,
and
finding
any
sorts
of
grievances
to
complain
of
,
with
innuendo's
aggravate
them
,
and
excite
the
People
to
believe
that
they
only
are
forward
to
redress
them
.
Seventhly
,
It
is
a
sign
of
a
Seditious
Spirit
,
Calculating
a
Princes
Nativity
.
when
he
is
busie
in
Calculating
the
Nativity
of
a
Prince
.
Therefore
Firmicus
gives
it
in
charge
to
his
Astrologer
,
not
to
answer
such
Questions
.
Tertullian
[
](A46988-e170290-b)(q)
(q)
Cui
opus
est
perscrutari
super
Caesaris
salute
nisi
a
quo
aliquid
adversus
eum
cogitatur
,
vel
optatur
,
aut
.
Apologia
35.
Sueton
,
in
Domitiano
.
tells
us
,
That
there
is
no
need
that
any
curiously
enquire
after
the
health
of
Caesar
,
unless
it
be
one
that
meditateth
or
wisheth
something
against
him
,
or
hopes
for
some
advantage
after
him
.
So
Tribonius
was
sent
into
Exile
,
because
he
enquired
of
the
Chaldaeans
the
end
of
the
Prince
.
So
Domitian
slew
Pomposian
,
because
he
had
the
Emperors
Nativity
,
and
carried
about
him
the
Speeches
of
Kings
and
Captains
out
of
Livy
,
and
called
his
Servants
by
the
names
of
Mago
and
Hannibal
.
Although
Prophecies
,
Prodigies
,
and
Prognostications
are
like
Mercenary
Souldiers
,
that
may
be
listed
to
fight
on
any
side
;
yet
every
Mans
Superstition
interprets
them
to
his
own
advantage
,
or
according
to
his
wishes
,
hopes
or
fears
.
So
that
when
the
Designers
have
a
mind
to
make
impressions
of
fear
on
the
People
,
they
bring
in
some
ill-boding
Signs
,
as
Apparitions
,
raining
of
Blood
,
Oxen
speaking
,
Battels
in
the
Air
,
and
such
like
,
to
keep
the
People
either
in
fear
of
Calamities
,
or
in
hopes
of
more
prosperous
times
by
changes
:
both
which
would
be
equal
disturbances
to
Government
.
Tacitus
[
](A46988-e170420-b)(r)
(r)
Genus
hominum
p●tentibus
insidum
,
sp●rantibus
fallax
,
quod
in
Civitate
nostra
,
&
vetabitur
semper
,
&
retinebitur
.
1.
Hist
.
speaking
of
Otho's
confiding
in
the
predictions
of
the
Astrologers
,
tells
us
,
They
are
a
sort
of
men
unfaithful
to
the
Great
,
deceitful
to
the
Hopers
,
which
always
will
be
forbid
,
and
always
retained
.
That
the
Romans
judged
such
as
gave
credit
to
the
Chaldaean
Promises
,
the
Ceremonies
of
the
Magicians
,
and
Interpreters
of
Dreams
,
to
be
practicers
against
the
State
,
and
guilty
of
Treason
;
we
have
a
memorable
example
of
Libo
[
](A46988-e170500-b)(s)
(s)
2.
Annal.
ad
Chaldaeorum
promissa
.
Magorum
sacra
,
somniorum
etiam
Interpreres
impulit
,
&c.
plenam
imaginibus
domum
ostentat
,
hortaturque
ad
luxum
&
as
alienum
,
&c.
Infernas
umbr●s
carminibus
eliceret
.
Drusus
,
of
the
Scribonian
family
,
whom
the
Astrologers
put
in
mind
,
that
Pompey
was
his
Great-Grandfather
,
Scribonia
,
wife
of
Augustus
,
his
Great
Aunt
;
the
Caesars
his
Cousin
Germans
;
that
his
House
was
full
of
Images
and
Monuments
of
his
Predecessors
:
then
they
brought
him
to
Licentious
Riot
and
Debaucheries
,
and
to
raise
Infernal
Spirits
by
Inchantments
.
And
though
my
Author
judge
there
were
some
of
Tiberius's
Arts
in
his
Accusation
before
the
Senate
,
yet
we
find
he
killed
himself
,
to
avoid
the
infamy
of
a
Sentence
of
the
Senate
;
and
upon
it
a
Decree
was
made
to
expell
Astrologers
and
Magicians
out
of
Italy
.
Facts
&
de
Mathematicis
,
Magisque
,
Italia
pellendis
Senatus
consulta
.
Before
I
come
to
treat
of
the
Prognosticks
of
the
Mischiefs
of
Factions
,
I
must
take
notice
of
two
of
the
certainest
,
most
demonstrative
,
and
dangerous
signs
of
Faction
running
up
to
Seed
that
can
be
,
and
those
are
Tumultuous
Petitioning
and
Tumults
.
These
will
the
better
be
illustrated
,
both
separately
and
in
conjunction
,
The
Method
the
Long
Parliament
used
.
by
laying
open
the
Methods
the
Long
Parliament
took
to
effect
their
designs
against
their
Gracious
King
.
First
,
With
great
shew
of
Compassion
and
Commiseration
for
their
fellow
Subjects
sufferings
,
they
eagerly
debate
the
Grievances
,
which
by
a
correspondence
betwixt
the
Members
of
the
House
of
Commons
,
and
their
Friends
in
the
Country
,
by
Petitions
,
many
thousands
strong
,
were
daily
represented
to
them
,
every
one
striving
to
be
foremost
in
representing
,
and
outstrip
his
Neighbour
in
exaggerating
the
Grievances
(
as
they
called
them
)
that
they
lay
under
.
In
these
Petitions
to
the
Houses
(
but
mostly
to
the
House
of
Commons
)
were
Bead-rolls
of
Complaints
against
the
oppression
of
the
Subject
,
both
by
the
Kings
Council
,
President
,
and
Ecclesiastical
Courts
,
the
Star-Chamber
,
High
Commission
Court
,
the
Judges
countenancing
exorbitant
Power
,
that
the
Property
and
Liberty
of
the
Subject
was
invaded
by
Monopolies
,
Ship-money
,
Knight-hood-money
,
&c.
illegal
Sentences
in
the
Star-Chamber
,
the
Innovations
of
the
Bishops
,
their
severity
against
pious
Nonconformists
,
and
People
of
peaceable
and
tender
Consciences
,
as
they
called
them
;
and
the
baser
sort
of
the
People
were
permitted
,
or
rather
invited
to
come
to
the
Parliament-House
,
to
back
these
strong
Petitions
.
By
this
Artifice
,
they
exposed
the
Government
to
obloquy
and
contempt
among
the
People
,
and
raised
in
them
a
confident
Opinion
that
their
only
Redress
was
to
be
hoped
from
the
Parliament
,
and
so
brought
themselves
into
a
popular
esteem
,
by
so
much
more
loosening
the
Peoples
Affections
,
and
Allegiance
to
the
King
,
by
so
much
as
they
faster
knit
the
Peoples
Hearts
and
Hands
to
their
Representatives
,
using
all
their
industry
to
make
the
Subjects
believe
they
were
the
only
Patriots
and
Liberators
.
They
pass
Votes
conformable
to
the
Petitioners
desire
,
animate
them
to
search
for
more
,
and
especially
to
fix
them
upon
Persons
they
were
mindful
to
remove
out
of
places
of
trust
.
Then
they
begun
to
impeach
several
Ministers
of
State
,
and
the
Judges
,
that
they
might
weaken
the
King
in
his
Councils
,
and
terrifie
others
into
compliance
:
always
taking
care
to
charge
the
misdeeds
upon
the
Kings
evil
Counsellors
,
magnifying
the
Kings
Natural
Goodness
,
and
declaring
,
That
if
he
would
consent
to
redress
those
Grievances
,
and
to
punish
the
Authors
,
they
would
make
him
a
richer
and
more
glorious
King
,
than
any
of
his
Predecessors
.
Seditious
[
](A46988-e170670-b)(t)
(t)
Address
.
Pamphlets
daily
came
out
,
and
the
Printing-Press
laboured
Night
and
Day
to
abuse
the
King
and
his
Ministers
,
and
bring
the
Government
,
Ecclesiastical
and
Civil
,
into
obloquy
.
Their
Preachers
in
the
mean
time
,
like
so
many
Demagogues
,
plied
their
business
so
effectually
,
blowing
the
Trumpet
as
they
phrased
it
,
for
the
Lord
and
Gideon
,
that
by
them
the
Houses
Interest
prevailed
every
where
,
especially
in
the
Populous
City
,
which
was
in
a
manner
wholly
at
the
Houses
devotion
.
Having
removed
the
Great
and
Noble
Earl
of
Strafford
by
great
Industry
and
Art
,
and
the
Midwifery
of
Tumults
,
and
got
themselves
(
by
as
strange
an
Art
as
oversight
)
perpetuated
,
they
set
themselves
to
Remonstrate
;
in
which
they
odiously
recount
all
the
miscarriages
(
as
they
called
them
)
in
the
Blessed
Kings
Reign
,
charging
him
(
though
covertly
)
with
them
,
and
all
the
very
Misfortunes
of
his
Reign
.
They
revive
the
Bill
against
the
Bishops
sitting
in
the
House
of
Lords
,
which
had
been
rejected
,
and
in
a
Parliamentary
way
ought
not
again
to
be
set
on
foot
that
Session
;
the
better
to
effect
which
,
they
cause
the
Rabble
and
their
Confederates
to
menace
and
assault
them
,
and
other
Loyal
Members
of
the
House
;
they
Post
up
several
names
of
Lords
and
Commons
,
who
opposed
their
proceedings
:
and
having
driven
the
King
,
and
his
whole
Family
away
by
most
outragious
Tumults
;
they
declare
their
Ordinances
to
be
binding
during
their
sitting
,
and
assume
the
Power
of
interpreting
,
and
declaring
what
was
Law
;
and
by
all
these
Arts
they
brought
the
People
,
not
[
](A46988-e170720-b)(u)
(u)
Culpae
vel
gloriae
socii
.
Tacit.
3.
Hist
.
so
much
to
joyn
with
,
as
to
conspire
with
them
.
Then
they
pretend
a
necessity
of
putting
the
Kingdom
into
a
posture
of
defence
,
to
secure
it
against
Popery
,
and
Arbitrary
Government
,
and
the
Invasion
of
Foreigners
,
which
they
pretend
were
to
be
brought
in
to
assist
these
.
They
single
out
the
most
confiding
and
daring
in
every
County
to
be
their
Commissioners
of
the
Militia
;
so
[
](A46988-e170750-b)(w)
(w)
Quanto
quis
audacia
promptior
,
tanto
magis
sidus
,
rebusque
motis
potior
babetur
.
Idem
,
1.
Histor
.
much
as
every
one
was
forwarder
in
boldness
,
and
more
hardy
,
by
so
much
the
more
he
was
to
be
confided
in
,
and
sitter
to
help
forward
the
turbulent
work
they
were
about
.
Having
first
got
the
Peoples
affections
to
revere
them
as
their
Deliverers
,
they
the
more
easily
obtained
their
Bodies
,
Armour
,
and
Moneys
,
and
so
prosecuted
a
Rebellious
War
openly
;
yet
with
that
shameful
pretence
,
that
they
were
fighting
for
the
King
against
his
Evil-Counsellors
,
and
,
amongst
hands
,
court
him
with
most
Dethroning
Propositions
:
and
success
Crowning
their
arms
,
they
wholly
destroyed
that
Monarchy
they
had
all
along
pretended
to
establish
upon
surer
foundations
for
the
Honour
of
the
Crown
,
and
benefit
of
the
People
,
than
former
Ages
had
known
.
Instead
of
which
,
they
made
themselves
Masters
of
all
their
Fellow-Subjects
,
seizing
their
Estates
,
Imprisoning
and
Murthering
their
Persons
;
altering
the
established
Ecclesiastical
Government
,
and
all
the
fundamental
Laws
,
enriching
themselves
,
and
over-awing
the
Kingdom
by
a
standing
Army
.
Thus
I
have
drawn
that
in
Miniture
,
which
was
the
Tragedy
of
many
Years
,
and
the
Subject
of
numerous
Volumes
,
and
I
shall
tack
to
it
something
parallel
in
later
Years
,
to
let
all
Posterity
see
what
a
Characteristick
Mark
it
is
of
Turbulent
and
Factious
Inclinations
,
when
Petitions
against
the
Will
of
the
Government
are
violently
promoted
.
The
great
mischief
of
tumultuous
Petitions
being
considered
by
the
Loyal
Parliament
,
The
Act
against
Tumultuous
Petitions
.
upon
the
late
Glorious
King
's
happy
Restauration
,
Provision
was
made
,
that
the
number
of
deliverers
of
Petitions
should
not
exceed
ten
;
that
three
of
the
Justices
of
Peace
in
the
County
,
or
the
major
part
of
a
Grand
Jury
at
an
Assize
,
or
General
Sessions
;
or
in
London
,
the
Lord
Mayor
,
Aldermen
,
and
Common-Council
have
the
ordering
,
and
consent
to
such
Petitions
,
which
shall
be
for
alteration
of
things
established
by
Law
,
in
Church
or
State
,
by
way
of
Petition
,
Complaint
,
Remonstrances
,
Declaration
,
or
other
Address
to
the
King
,
or
either
Houses
of
Parliament
.
It
cannot
be
forgot
(
in
the
interval
of
a
later
Parliament
)
how
zealous
and
busy
multitudes
were
to
get
Petitions
with
Hundreds
and
Thousands
of
Hands
,
to
the
late
King
for
the
sitting
of
a
Parliament
,
before
the
King
in
his
Wisdom
thought
sit
.
This
occasioned
the
King
to
issue
forth
a
Proclamation
against
tumultuous
Petitions
,
and
other
Loyal
Persons
to
express
an
abhorrence
of
such
Petitions
,
that
would
press
the
King
to
precipitate
their
Sitting
.
Those
that
petitioned
the
King
for
convening
of
a
Parliament
,
could
not
but
foresee
the
ungratefulness
of
such
Petitions
to
the
King
;
yet
the
Designers
gave
it
not
over
:
for
they
had
other
Ends.
As
first
,
to
engage
Men
by
their
Subscriptions
to
be
more
fast
to
them
:
Secondly
to
try
whether
the
People
might
be
brought
to
Tumults
:
Thirdly
to
incense
the
People
more
against
the
Government
,
if
their
Petitions
were
denied
:
Fourthly
to
shew
in
terroreon
,
the
number
of
their
Adherents
:
Fifthly
,
That
through
every
County
the
confiding
and
zealous
might
be
known
each
to
other
:
and
Lastly
,
that
whenever
that
Parliament
should
sit
,
they
might
have
their
Thanks
,
and
by
their
Numbers
the
Parliament
might
be
encouraged
to
proceed
in
such
things
as
they
desired
,
knowing
hereby
the
Strength
of
the
Party
.
When
the
House
of
Commons
met
,
nothing
was
so
much
clamoured
against
,
as
the
Proceedings
upon
the
late
Proclamation
;
as
if
all
the
Liberties
of
the
Subjects
of
England
had
consisted
in
this
.
Therefore
they
vote
that
it
ever
hath
been
the
undoubted
Right
of
the
Subjects
of
England
,
See
the
Votes
.
to
Petition
the
King
,
for
the
Calling
,
and
Sitting
of
Parliaments
,
for
redressing
of
Grievances
;
and
to
traduce
such
Petitioning
,
was
a
violation
of
Duty
;
and
to
represent
it
to
his
Majesty
as
tumultuous
,
and
Seditious
,
was
to
betray
the
Liberty
of
the
Subject
,
and
contribute
to
the
design
of
subverting
the
Legal
ancient
Constitution
of
the
Kingdom
,
and
introducing
Arbitrary
Power
,
and
so
a
Committee
(
called
of
Abhorrence
)
was
appointed
to
enquire
of
all
such
Persons
as
had
offended
against
the
Rights
of
the
Subjects
.
This
was
it
that
explained
their
Vote
,
for
all
the
Controversy
was
,
Whether
a
sew
private
Men
might
agree
upon
a
Petition
,
then
send
Emissaries
abroad
to
procure
the
Subscriptions
,
and
then
tender
them
,
as
it
were
by
their
number
to
affright
the
King
to
a
Compliance
;
or
that
the
King
(
to
whom
the
Execution
of
the
Laws
,
or
suspension
in
some
measure
surely
appertains
)
might
not
forbid
such
Petitions
.
They
singled
out
Sir
Francis
North
,
then
Lord
Chief
Justice
of
the
Common-Pleas
,
after
Lord
Keeper
,
and
Earl
of
Guilford
,
Sir
George
Jefferies
,
then
Recorder
of
London
,
now
Lord
Chancellor
,
Mr.
Justice
Withins
,
and
others
,
as
Subjects
of
their
displeasure
,
for
disliking
,
and
abhorring
the
irregular
dangerous
way
of
Petitioning
.
But
they
received
more
Lustre
and
Regard
in
the
Eyes
of
their
Soveraign
,
and
all
Loyal
Subjects
,
by
their
Censure
,
than
they
did
discredit
by
it
.
It
seems
worth
the
while
for
Persons
that
have
regard
to
the
quiet
and
repose
of
the
Subject
,
to
the
Honour
and
Establishment
of
the
Government
,
and
for
the
Tranquillity
and
Liberty
of
their
Posterity
to
consider
,
whether
any
mortal
Man
can
either
produce
Precedent
or
Law
to
justify
the
Imprisonment
of
those
Gentlemen
Abhorrers
;
of
which
I
have
spoken
something
before
,
in
the
Chapter
of
Parliaments
.
I
shall
now
conclude
with
the
last
and
formidablest
sign
of
Sedition
,
Of
Tumults
.
viz.
Tumults
,
which
are
but
unarmed
,
and
Pen-feathered
Rebellion
.
They
have
the
Mien
and
Standard
of
it
,
only
want
the
Artillery
.
The
fatal
black
Parliament
disciplined
them
to
be
ready
at
any
watch
word
,
and
whatever
they
voted
against
the
King
or
Church
,
was
ushered
in
by
thousands
of
all
sorts
,
flocking
out
of
the
City
and
Country
,
braving
and
threatning
all
along
as
they
went
by
White-Hall
,
and
so
in
Sholes
crowding
to
the
Houses
,
promising
to
stand
by
them
,
and
crying
out
for
Justice
.
They
were
so
insolent
and
rude
,
that
they
forced
the
Merciful
King
to
withdraw
from
his
Pallace
,
to
which
he
never
returned
,
till
they
brought
him
to
his
Barbarous
Tryal
and
Murther
.
That
Blessed
Kings
Sence
of
them
can
be
expressed
by
none
so
emphatically
as
by
himself
;
therefore
I
shall
extract
some
of
his
feeling
Expressions
.
I
[
](A46988-e171020-b)(x)
(x)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
c.
4.
never
thought
any
thing
(
except
our
Sins
)
more
ominously
presaging
all
those
mischiefs
which
have
followed
,
than
these
Tumults
.
And
this
was
not
a
short
Fitt
or
two
of
an
Ague
,
but
a
quotidian
Feaver
,
always
encreasing
to
higher
Inflammation
,
impatient
of
any
Mitigation
,
restraint
or
remission
.
Those
who
had
most
mind
to
bring
forth
Confusion
and
Ruin
,
upon
Church
and
State
,
used
the
Midwifery
of
Tumults
,
by
which
they
ripped
up
with
barbarous
Cruelty
,
and
forcibly
cut
out
abortive
Votes
,
to
crowd
in
by
force
,
what
reason
would
not
lead
.
Some
Mens
Petulancy
was
such
,
as
they
joyed
to
see
their
Betters
shamefully
and
outragiously
abused
.
So
the
Blessed
King
finding
they
invaded
the
Honour
and
Freedom
of
the
two
Houses
,
and
used
such
contemptuous
words
and
Actions
against
him
,
thought
himself
not
bound
by
his
Presence
to
provoke
them
to
higher
Contempt
and
Boldness
.
For
he
saith
it
was
an
hardiness
beyond
Valour
to
set
himself
against
the
breaking
in
of
the
Sea
;
being
daily
baited
with
Tumults
,
he
knew
not
whether
their
Fury
and
Discontent
might
not
fly
so
high
,
as
to
worry
him
,
and
tear
him
to
pieces
,
whom
as
yet
they
played
but
with
in
their
Paws
:
Therefore
thinks
himself
not
bound
to
prostitute
the
Majesty
of
his
Place
and
Person
,
&c.
to
those
who
insult
most
when
they
have
Objects
,
and
opportunity
most
capable
of
their
rudeness
and
petulancy
.
Our
late
gracious
Sovereign
in
later
times
,
when
some
Men
were
endeavouring
to
practise
the
same
Methods
,
found
some
offers
of
the
like
at
Windsor
(
a
place
of
all
others
,
in
which
one
would
have
thought
he
should
have
had
the
most
Honour
for
the
Benefits
he
did
to
that
Town
by
his
so
frequent
residence
)
when
first
the
Boys
,
and
then
the
Rabble
were
set
on
to
shout
for
a
Burgess
of
Parliament
,
in
opposition
to
a
Loyal
Person
His
Majesty
favoured
,
even
in
his
own
Presence
.
The
Prophetick
Observation
of
the
Martyred
King
is
worth
noting
,
That
he
believes
the
just
Avenger
of
all
Disorders
,
will
in
time
make
these
Men
,
and
that
City
,
see
their
Sin
in
the
Glass
of
their
Punishment
:
which
needs
no
application
,
but
only
to
desire
they
would
be
so
just
to
themselves
and
their
Posterity
,
as
to
follow
no
such
Precedents
,
and
that
none
will
encourage
such
outragious
doings
.
I
shall
dismiss
this
ingrateful
Subject
with
the
Description
[
](A46988-e171100-b)(y)
(y)
V●●ibus
truculentis
strepere
,
rursum
viso
Casare
trepidare
.
Murmur
incertum
,
atrox
clamor
&
repente
quies
,
diversis
animorum
moribus
,
pavebaret
&
terreba●●
.
1.
Annal.
Tacitus
gives
of
the
mutinous
Tumult
of
Drusus's
Soldiers
,
That
the
Ring-Leaders
when
they
looked
to
the
multitude
with
outragious
Voices
made
terrible
noises
,
but
viewing
Caesar
,
shrunk
again
:
and
of
the
whole
multitude
he
saith
,
an
uncertain
Murmur
,
an
horrible
cry
,
and
suddenly
a
calm
,
by
divers
emotions
of
Mind
they
feared
and
did
affright
.
CHAP.
XLIV
.
Prognosticks
of
Sedition
and
Faction
.
BOdinus
[
](A46988-e171200-b)(a)
(a)
Seditio
semel
accunsa
,
quasi
scantilla
,
impetu
populari
repente
agitatur
,
ac
totum
prius
inflammari
solet
,
quam
extingui
possit
.
De
Repub.
c.
4.
tells
us
,
That
Sedition
once
kindled
,
is
suddenly
fanned
,
and
blown
by
popular
fury
into
a
Flame
,
which
is
wont
to
set
all
on
Fire
,
ere
it
can
be
extinguished
.
The
danger
therefore
of
Faction
is
not
to
be
sleighted
,
but
the
Government
should
be
watchful
over
the
least
Sparks
,
which
no
Man
can
forbid
,
or
tell
whence
they
may
come
,
or
how
far
they
may
ravage
,
when
there
is
a
Propensity
to
Faction
.
Therefore
Governours
should
not
suffer
matter
of
Trouble
to
be
prepared
or
hatched
,
but
crush
the
Cockatrice
in
the
Egg
,
and
the
Monster
in
the
Embryo
;
especially
[
](A46988-e171240-b)(b)
(b)
Vbi
Respublica
aegra
,
quave
vix
cicatrices
,
clade
intestina
acceptas
,
obduxerit
.
Clapm.
de
Arcanis
dominationis
,
lib.
3.
c.
16.
When
Danger
less
.
when
the
Scars
of
late
Wounds
are
not
healed
,
or
hardned
,
as
after
a
Civil
War
,
when
Factions
are
most
dangerous
.
The
danger
is
less
,
saith
my
Lord
[
](A46988-e171270-b)(c)
(c)
Essays
.
St.
Albans
,
when
it
springs
only
from
the
Discontent
of
the
People
,
being
slow
of
Motion
,
and
the
greater
sort
,
of
small
Strength
without
the
Multitude
,
can
do
little
;
but
the
danger
is
greatest
,
when
those
of
higher
Rank
wait
but
for
the
troubling
of
the
Waters
.
So
Jupiter
by
Pallas's
Advice
,
when
the
other
Gods
would
have
bound
him
,
sent
for
Briarous
with
his
Hundred
Hands
:
an
Emblem
to
show
how
safe
it
is
for
Monarchs
to
make
sure
of
the
Good
Will
of
their
People
.
The
motions
of
the
greatest
Persons
in
Government
,
ought
to
be
as
the
motion
of
the
Planets
,
under
the
Primum
Mobile
(
according
to
the
old
Opinion
,
that
every
of
them
is
carried
swiftly
by
the
highest
Motion
,
and
slowly
by
its
own
.
)
Therefore
when
great
Men
,
in
their
own
particular
motion
,
move
violently
,
Liberi
usque
ut
Imperantium
meminissent
,
as
Tacitus
speaks
,
It
is
a
sign
the
Orbs
are
out
of
Frame
.
Where
Factions
are
not
Combinations
against
the
Government
,
When
Princes
not
to
make
themselves
Parties
.
but
only
private-Animosities
betwixt
some
of
the
Nobility
,
wherein
the
Government
is
not
much
concerned
,
there
may
be
some
allowance
for
my
Lord
Verulam's
Opinion
:
That
Princes
being
Common
Parents
,
should
not
lean
to
one
Party
;
because
a
Boat
that
is
overset
by
the
unequal
Weight
on
one
side
,
may
carry
such
Passengers
in
it
,
as
the
Prince
would
not
lose
.
Therefore
to
study
ways
to
piece
them
,
and
solder
up
the
flaws
,
is
better
than
to
side
with
one
,
to
the
Ruin
of
the
other
,
and
sometimes
of
themselves
also
.
As
we
may
observe
in
Henry
the
third
of
France
,
who
entred
into
the
League
,
and
it
was
shortly
after
turned
against
himself
:
which
may
be
a
document
(
saith
that
wise
Lord
)
to
Kings
how
they
make
themselves
a
Party
:
for
by
that
a
Prince
makes
himself
unus
ex
nobis
,
which
makes
an
Obligation
Paramount
to
that
of
Soveraignty
.
So
that
a
Prince
must
be
very
cautelous
(
when
he
must
side
with
one
Party
)
which
he
espouseth
,
[
](A46988-e171430-b)(d)
(d)
In
caducam
pari●tem
ne
inclinet
.
lest
he
lean
upon
a
ruinous
Wall
.
But
if
there
be
a
Party
,
by
whose
fall
the
Prince
[
](A46988-e171450-b)(e)
(e)
Cujus
r●ina
se
quoque
tradura
est
.
Tacitus
de
Moribus
Germ.
likewise
shall
be
sure
to
be
ruined
,
(
as
in
case
of
Factions
against
Government
,
as
I
mean
in
this
whole
Discourse
)
it
is
necessary
for
him
strenuously
to
support
it
.
When
Princes
to
support
one
Party
.
Upon
this
Consideration
,
it
seems
to
me
,
that
it
ever
will
be
the
great
Interest
of
the
Kings
of
England
to
defend
and
support
the
Episcopal
Government
;
for
that
by
fatal
Experience
it
was
found
,
that
the
overthrow
of
it
was
the
Praeludium
to
the
Destruction
of
the
Blessed
King
and
Monarchy
.
For
although
he
was
a
very
great
Champion
of
the
Church
of
England
,
as
established
by
Law
;
yet
he
too
fatally
yielded
to
take
away
the
Bishops
Votes
in
Parliament
,
whereby
he
lost
a
considerable
Party
in
the
House
,
that
would
never
have
deserted
his
Interest
.
So
that
in
this
case
I
may
apply
that
of
Galba
[
](A46988-e171520-b)(f)
(f)
Manifestum
est
neque
perire
nos
,
neque
salvos
esse
nisi
una
posse
.
Tacit.
10.
Hist.
P.
195.
Edit.
Lips.
5.
to
his
Soldiers
,
It
is
manifest
that
undivided
or
alone
,
they
can
neither
be
Saved
,
or
Perish
,
in
times
when
they
are
attacqued
.
But
to
return
to
the
Prognosticks
of
dangerous
Seditions
.
I
shall
mention
some
that
Tacitus
hath
noted
and
described
:
Speaking
of
the
Revolt
of
the
Legions
in
Germany
,
under
Germanicus
at
the
Beginning
of
Tiberius's
Reign
,
Unanimity
a
dangerous
Sign
.
he
saith
,
Those
that
looked
deeply
into
the
Disposition
of
the
Soldiers
,
judged
it
a
strong
Argument
of
an
unappeasable
Revolt
,
[
](A46988-e171600-b)(g)
(g)
Id
militares
animos
altius
conj●●●antibus
,
praecipuum
indicium
magni
atque
implacabilis
motus
,
quod
neque
disjecti
,
nil
paucorum
instinctu
,
sed
pariter
ardescerent
,
pariter
silerent
;
tanta
aequalitate
&
constantia
,
ut
regi
crederes
.
1.
Annal.
that
they
were
not
scattered
or
divided
,
nor
any
attempt
given
by
a
few
;
but
grew
insolent
together
,
were
quiet
at
once
,
with
such
moderation
and
constancy
,
that
one
would
have
thought
they
had
been
governed
by
one
Head
.
For
when
any
Sedition
is
carried
on
with
such
Unanimity
,
it
is
a
certain
Sign
that
the
Poyson
hath
a
large
spread
,
and
there
are
few
sound
Parts
left
.
The
Progress
[
](A46988-e171630-b)(h)
(h)
Ad
tuendam
plebem
Tribunitio
Ju●e
●tentum
;
militem
do●is
,
populum
Annena
,
cun●los
dulcedine
o●ii
pellexit
.
Insurgere
pa●tatim
,
munia
Sena●us
,
Magistratuum
,
Legum
,
in
se
trahere
,
nullo
adversante
.
lbid
.
Augustus
made
to
establish
the
Sovereignty
in
himself
,
The
Methods
of
Designers
.
is
the
usual
Method
by
which
such
as
intend
subverting
of
Government
,
may
proceed
;
which
,
according
to
the
same
Author
,
was
,
That
to
ingratiate
himself
with
the
People
,
he
contented
himself
with
Tribunitian
Authority
to
defend
the
Common
People
.
;
that
he
wound
himself
into
the
Favour
of
the
Soldiers
,
by
Gifts
;
of
the
People
,
by
Provision
of
Sustenance
;
and
of
all
in
general
,
with
the
sweetness
of
Ease
and
Repose
;
by
little
and
little
taking
upon
him
the
affairs
of
the
Senate
,
the
Duty
of
the
Magistrates
and
Laws
:
and
so
without
the
Contradiction
of
any
,
he
obtained
the
Empire
.
This
in
Augustus
was
commendable
and
Politically
done
,
being
to
alter
a
Commonweal
into
a
Monarchy
,
and
Wisemen
by
his
method
might
have
foretold
his
Design
.
So
in
Seditious
enterprises
against
Monarchy
,
the
way
is
to
court
the
People
,
and
insensibly
cajole
them
with
the
sweetness
of
Liberty
under
a
Commonwealth
,
and
the
heaviness
of
the
Yoak
of
Monarchy
;
and
having
possessed
them
with
this
,
they
have
no
more
to
do
but
to
await
some
critical
time
or
revolution
that
may
suit
their
Design
,
as
some
new
Imposition
laid
,
some
publick
Calamity
,
the
displacing
some
great
Officer
,
or
Death
of
some
great
Man
,
or
their
Prince
:
such
[
](A46988-e171700-b)(i)
(i)
Opportunos
magnis
conatibus
transitus
rerum
.
1.
Histor
.
Revolutions
being
the
sittest
times
for
great
Attempts
,
as
Tacitus
speaks
of
Otho's
Conspiracy
,
by
Galba's
Covetousness
to
the
Soldiery
,
&c.
Concerning
Sejanus
the
same
Judicious
[
](A46988-e171780-b)(k)
(k)
Primas
dominandi
spes
in
arduo
,
ubi
sis
ingressus
,
adesse
studia
&
ministros
.
Lib.
4.
Annal.
Author
gives
us
the
Saying
of
Drusus
,
That
the
first
hopes
of
attaining
Command
,
or
working
themselves
into
Power
by
Sedition
is
difficult
;
but
after
the
Entrance
there
will
not
want
aids
of
Council
,
and
assisting
Hands
.
Therefore
it
is
most
necessary
,
Speedy
Suppression
most
necessary
.
that
Princes
diligently
watch
the
motions
of
all
kind
of
Seditious
aspiring
Persons
,
to
prevent
their
first
Entrance
upon
their
Designs
,
lest
they
prove
afterwards
too
Powerful
.
In
such
a
State
of
affairs
the
Council
of
[
](A46988-e171830-b)(l)
(l)
Nibil
in
civilibus
discordiis
festinatione
tutius
,
ubi
facto
magis
quam
consilio
opus
.
1.
Hist
.
Tacitus
is
to
be
followed
,
That
nothing
is
safer
in
Seditions
,
and
Civil
Discords
,
than
quickness
of
dispatch
,
when
there
is
more
need
of
Action
than
Consultation
.
The
misfortune
is
great
which
happens
to
the
Subjects
by
Faction
and
Sedition
;
The
Mischiefs
of
Faction
.
for
such
things
once
begun
,
are
not
in
a
short
time
hushed
,
but
the
Animosities
are
durable
,
and
when
one
[
](A46988-e171880-b)(m)
(m)
Inter
victores
victosque
nunquam
solida
sides
coalescit
.
Idem
,
2.
Hist
.
Party
overcomes
,
yet
the
Conquered
retains
his
old
grudge
,
and
is
always
catching
at
opportunities
to
promote
his
Interest
;
and
there
is
rarely
(
in
that
Generation
at
least
)
a
sincere
amnesty
,
and
union
of
Affections
.
Therefore
as
Princes
by
Acts
of
Pardon
endeavour
to
put
all
into
a
State
of
Unpunishableness
,
though
they
cannot
into
a
State
of
Innocence
;
so
those
that
have
assisted
the
Seditious
Party
,
ought
with
a
generous
Repentance
and
Fidelity
to
their
Prince
,
endeavour
all
their
Lives
,
to
be
rubbing
out
those
Stains
by
their
Loyalty
;
For
he
that
[
](A46988-e171900-b)(n)
(n)
Quem
paenitet
peccasse
,
pene
est
innocens
.
repents
he
hath
offended
,
is
in
the
next
degree
to
the
Innocent
.
It
is
one
of
the
dangerousest
signs
of
a
strong
and
prevailing
Faction
,
when
a
Prince
hath
notice
and
apprehension
of
it
;
yet
either
for
want
of
courage
,
or
easiness
of
temper
,
to
believe
better
of
the
Factious
than
they
deserve
,
quiets
his
resolution
of
opposing
them
at
some
critical
time
:
whereby
they
finding
their
Prince
to
yield
to
their
importunities
,
in
granting
some
one
thing
he
hath
declared
against
,
readily
interpret
it
a
fear
in
him
;
and
when
they
have
taken
him
at
low
water-mark
,
they
flow
amain
upon
him
with
new
and
new
Floods
.
Such
Princes
thinking
to
make
themselves
easie
by
complying
,
embarrass
themselves
the
more
with
fresh
troubles
,
strengthen
the
hands
of
the
Factious
,
and
by
deserting
their
best
Counsels
and
Friends
,
open
their
own
retrenchments
,
dismount
their
own
Artillery
,
and
give
such
ground
to
the
Factious
,
as
at
last
they
are
either
forced
to
quit
their
Throne
,
or
with
too
late
rally'd
resolutions
,
fight
for
that
Post
they
have
so
supinely
quitted
.
CHAP.
XLV
.
The
Remedies
of
Faction
and
Sedition
.
AS
no
Malady
in
the
natural
Body
can
be
cured
without
the
knowledg
of
the
proper
causes
;
so
the
prevention
,
of
the
growth
of
Faction
and
Sedition
unto
Rebellion
,
is
best
effected
by
substracting
the
matter
,
and
taking
away
the
fundamental
causes
of
it
.
First
it
is
to
be
observed
,
[
](A46988-e171980-b)(a)
(a)
Omne
recens
malum
facile
opprimitur
,
inveteratum
fit
plerumque
robustius
.
Cicero
Philip.
That
all
budding
evils
are
sooner
stifled
,
than
those
that
are
not
only
run
up
to
Seed
,
but
suffered
to
shake
in
a
rank
Soil
.
Therefore
the
Historian
[
](A46988-e172000-b)(b)
(b)
Incipiens
,
&
nondum
adulta
seditio
melioribus
conciliis
flectitur
.
saith
,
That
young
and
not
grown
up
Sedition
is
bent
with
easier
Councils
.
So
beginning
Ulcers
are
easilier
cured
,
than
those
that
are
festered
to
the
Bone
,
or
are
Callous
Fistulas
.
Sedition
is
a
personal
Crime
;
but
because
it
consists
in
the
several
qualifications
of
the
Persons
,
I
shall
treat
of
the
Cure
in
the
same
method
as
I
have
of
the
Causers
and
Causes
.
The
signs
being
as
so
many
Symptoms
,
which
will
require
also
some
remarks
.
First
as
to
the
debauched
,
1.
The
Debauched
.
they
are
but
the
Velites
,
the
light-armed
Vancouriers
,
there
is
small
danger
from
them
.
They
grow
as
Tares
in
every
Country
and
Age
,
they
are
the
luxuriant
branches
of
a
rank
Soil
and
long
peace
;
They
are
the
Sutlors
of
the
Camp
:
There
is
a
curse
of
peace
that
brings
such
weeds
,
but
the
Howes
of
the
Laws
and
Ecclesiastical
discipline
will
hinder
their
growth
,
and
eradicate
them
.
The
best
Antidote
against
the
mischiefs
these
people
can
bring
to
the
Common-weal
,
is
the
Prince's
example
to
put
vice
out
of
fashion
and
countenance
;
for
a
Prince's
Vertue
and
Piety
influenceth
much
.
No
doubt
his
Majestie
's
great
care
to
forbid
and
discredit
all
kinds
of
Vice
,
will
work
a
greater
[
](A46988-e172070-b)(c)
(c)
Hac
conditio
Principum
,
ut
quicquid
faciam
,
pr●ipere
〈◊〉
.
Quintil.
Declam.
2.
reformation
among
the
dissolute
,
than
his
Laws
,
and
will
engage
the
hearts
and
affections
of
all
vertuous
,
sober
and
considerate
Persons
:
for
as
the
passage
among
the
Romans
to
the
Temple
of
Honour
was
through
that
of
Vertue
;
so
must
that
be
to
Loyalty
and
Christianity
through
Morality
.
Secondly
,
The
light-headed
airy
Persons
,
2.
Light-Headed
.
as
they
are
something
a
kin
to
the
debauched
(
the
one
pleasing
his
sensual
Appetite
,
and
the
other
feeding
the
Chimaeras
of
his
Brain
,
as
their
peculiar
Province
)
so
they
are
as
little
dangerous
.
The
suppressing
Libels
and
Pamphlets
would
starve
them
.
But
if
they
wanted
them
,
it
is
likely
they
would
be
worse
imployed
;
Therefore
it
is
necessary
in
all
Governments
,
to
countenance
and
set
on
work
ingenious
Persons
,
who
are
well
principled
to
the
State
,
to
ridicule
the
Factious
,
and
feed
these
flutterers
of
the
Air
with
Canary-seed
;
and
they
will
never
fly
against
the
wind
,
or
out
of
their
Aviary
,
but
there
sport
themselves
with
as
much
variety
of
hopes
,
flights
and
short
Notes
,
as
the
Birds
do
;
and
yet
other
mortals
be
as
ignorant
of
the
impulsive
causes
,
as
we
are
of
the
motives
of
the
frisks
and
flutters
of
those
Choristers
of
the
Air.
However
these
are
not
to
be
countenanced
and
indulged
,
lest
their
wild
Notes
be
imitated
,
or
that
airiness
grow
too
fashionable
,
whereby
solidity
and
stayedness
be
ridicul'd
;
as
we
have
seen
it
too
much
in
our
age
,
when
the
Military
educacation
made
the
Schools
and
Universities
less
frequented
,
and
the
licentiousness
of
those
times
is
not
yet
forgot
.
So
that
whereas
in
one
[
](A46988-e172130-b)(d)
(d)
Pontefract
.
-
Mr.
Wakefield
-
Mr.
Hitchin
-
Mr.
Skipton
Ald.
Corporation
before
the
War
,
the
Earl
of
Arundel
found
three
Aldermen
,
that
used
their
Greek
Testaments
at
Church
;
it
may
be
there
are
not
three
in
a
County
that
do
so
:
and
Gentlemen
have
too
much
disused
the
reading
of
Latin
Authors
,
from
whence
our
Language
hath
received
the
greatest
improvement
:
and
yet
to
cover
their
unkilfulness
,
many
are
too
prone
in
this
Age
to
decry
the
use
of
quotations
out
of
such
choice
Authors
.
But
this
in
transitu
.
Thirdly
,
3.
The
Indigent
.
The
necessitous
and
indigent
(
being
the
Infantry
of
Faction
,
and
the
gross
Body
)
require
the
Governments
greater
circumspection
,
to
prevent
their
being
arrayed
by
the
Factious
Chieftains
.
Necessitas
ad
turpe
cogit
,
Robbing
and
Stealing
are
their
Master
exploits
in
times
of
Peace
.
Those
which
will
adventure
to
stretch
an
Halter
,
will
adventure
upon
Bullets
for
a
small
constant
Salary
;
and
being
Mercenary
will
pass
on
either
side
,
where
the
greatest
prospect
of
gain
is
:
therefore
the
Government
is
too
take
all
possible
care
that
Prodigality
and
Luxury
bring
not
the
better
sort
to
want
.
The
way
to
enrich
a
People
in
general
,
is
to
open
and
well
ballance
Trade
,
cherish
all
sort
of
Manufacture
,
banish
Idleness
,
repress
wasts
and
excess
,
improve
and
husband
the
Soil
,
regulate
all
things
vendable
,
moderate
Taxes
and
Tributes
,
to
invite
the
Indigent
to
people
new
Plantations
,
or
those
that
are
fit
for
it
,
to
serve
abroad
in
Military
imployments
.
These
are
such
Remedies
,
as
being
vigorously
put
in
execution
,
will
leave
few
in
want
,
but
such
as
by
their
laziness
will
chuse
to
freeze
on
Horseback
,
rather
than
take
the
pains
to
go
on
foot
to
get
them
heat
.
A
Prince
that
would
enrich
his
Subject
(
saith
my
[
](A46988-e172310-b)(e)
(e)
Essays
.
Lord
St.
Albans
)
must
take
care
that
the
Treasure
of
money
in
the
State
,
be
not
gathered
into
few
hands
;
otherwise
a
State
may
have
a
great
stock
and
yet
starve
:
Money
being
like
Dung
,
not
useful
unless
spread
.
The
best
Mine
above
ground
is
when
a
Country
affords
not
only
the
Commodity
,
but
the
Manufacture
and
carriage
;
for
then
treble
hands
are
set
on
work
.
Thence
in
all
projects
of
cutting
Rivers
,
for
the
transporting
of
Commodities
further
within
Land
,
it
ought
to
be
well
considered
,
whether
it
be
not
more
profitable
,
to
have
many
poor
men
and
their
Cattle
imployed
in
Land
carriage
,
than
by
the
cheaper
way
of
Water
only
,
to
enrich
the
Tradesmen
,
and
starve
a
hundred
heads
for
one
.
If
the
wholsom
Laws
for
setting
on
work
,
and
relieving
the
Poor
by
the
labour
of
their
own
hands
,
and
forcing
sturdy
Beggars
and
idle
Vagabonds
to
work
,
or
be
confined
to
their
own
Parishes
,
were
strictly
put
in
Execution
,
we
should
have
less
reason
to
complain
of
them
.
It
is
true
it
is
not
from
the
poor
and
lazy
that
the
Government
is
so
much
in
danger
;
for
those
are
not
fitted
for
Souldiers
.
It
is
the
spirited
poor
that
have
spirits
above
their
fortunes
,
or
by
living
above
their
income
,
have
wasted
their
Estates
,
that
are
Instruments
fit
to
be
made
use
of
by
the
Factious
;
yet
their
numbers
are
not
so
great
,
but
vigilant
Magistrates
may
have
an
eye
upon
them
,
and
the
Government
may
imploy
the
ablest
of
them
in
collecting
the
Revenue
.
Others
may
be
made
inferior
Officers
in
the
Militia
,
and
the
rest
must
be
left
to
better
hushand
what
they
have
remaining
,
and
kept
in
hopes
that
if
they
pay
due
respect
to
the
Government
,
at
one
time
or
other
they
may
be
provided
for
:
and
the
Loyal
Gentry
may
find
ways
to
oblige
them
in
their
Services
;
so
that
every
one
that
is
fit
to
be
made
good
use
of
,
may
by
one
way
or
other
be
set
to
gain
a
better
livelyhood
,
than
they
are
like
to
get
by
santring
and
flandring
the
Government
;
which
if
they
do
,
some
severe
Animadversion
may
amend
them
,
or
deter
others
.
It
is
not
possible
that
the
Government
can
provide
for
all
the
Indigent
,
without
strict
execution
of
the
Laws
.
But
the
care
of
the
Justices
of
Peace
,
injoyned
by
the
Soveraign
,
may
do
much
good
;
however
they
may
keep
such
from
molesting
the
Government
.
Since
therefore
that
of
Tacitus
is
so
true
,
L●vissimus
quisque
&
fauri
improvidus
sp●
vana
tumet
.
That
the
least
provident
to
prevent
future
want
,
build
Castles
in
the
air
,
and
are
big
with
vain
hopes
and
expectations
;
their
hopes
and
desires
are
to
be
so
directed
that
they
may
hope
for
more
advantage
from
their
Prince
,
than
from
Factious
Oppressors
.
Fourthly
,
4.
The
Ambitious
.
Ambition
is
so
near
a
kin
to
Nobleness
,
that
it
seems
a
Nobility
and
unvulgarness
it self
,
being
an
Inmate
only
of
Souls
elevated
above
the
level
of
the
common
sort
of
mankind
.
Ambitious
men
are
the
Field-Officers
and
Brigadeers
of
Faction
;
and
by
so
much
as
they
are
commonly
persons
of
Birth
and
Parts
,
they
the
more
require
a
Prince's
regard
above
all
other
Factious
persons
.
If
they
find
(
saith
my
Lord
St.
Albans
)
the
way
open
to
their
rising
,
they
are
rather
busy
than
dangerous
;
but
if
they
be
checked
and
stopped
,
like
ill
humours
they
grow
Malignant
.
These
(
faith
[
](A46988-e172450-b)(f)
(f)
St.
Alban's
E●
says
,
c.
36.
the
Chancellor
)
become
first
secretly
discontented
,
looking
upon
men
and
matters
with
an
evil
eye
,
and
are
best
pleased
when
things
go
backward
;
and
so
are
the
worst
Servants
of
Princes
or
States
.
Therefore
it
is
good
for
Princes
if
they
use
ambitious
men
,
so
to
handle
the
matter
,
as
they
be
still
progressive
;
which
because
it
cannot
be
without
inconvenience
,
it
is
good
not
to
use
such
natures
at
all
:
for
if
they
rise
not
with
their
Masters
service
,
they
will
take
care
to
make
their
service
fall
with
them
.
There
is
less
danger
caeteris
paribus
,
of
ambitious
men
,
if
they
be
of
mean
Birth
,
than
if
Noble
;
and
if
they
be
new
raised
,
rather
than
grown
cunning
,
and
fortified
in
their
greatness
.
It
is
less
danger
(
saith
the
same
great
Chancellor
[
](A46988-e172510-b)(g)
(g)
Idem
.
whose
wise
observations
on
this
head
I
cannot
omit
)
to
have
an
ambitious
man
stirring
in
business
,
than
great
in
dependance
.
He
that
seeks
to
be
eminent
amongst
able
men
,
hath
a
great
task
,
but
such
as
is
ever
good
for
the
Publick
;
but
he
that
plots
to
be
the
only
figure
amongst
Cyphers
,
is
the
decay
of
a
whole
Age.
Princes
may
make
use
of
Ambitious
men
in
pulling
down
the
greatness
of
any
Subject
that
over-tops
,
as
Tiberius
used
Macro
in
pulling
down
Sejanus
.
Also
they
make
use
of
them
as
Screens
in
matters
of
danger
and
envy
:
But
no
man
will
take
that
office
,
unless
he
be
a
seeled
Dove
,
that
mounts
and
mounts
,
because
he
cannot
see
about
him
.
Commanders
in
Wars
,
though
Ambitious
,
are
useful
;
for
their
Service
dispenseth
with
the
rest
:
and
to
take
a
Souldier
without
it
,
is
to
pull
off
his
Plumes
and
his
spurs
.
Favourites
are
remedies
against
ambitious
great
ones
,
and
they
are
well
corrected
also
,
by
ballancing
them
by
others
as
proud
as
themselves
:
but
then
there
must
be
some
middle
Counsellors
to
keep
them
steddy
;
for
without
that
Ballast
the
Ship
will
roll
too
much
.
These
,
and
such
like
,
may
be
the
cures
of
Ambitious
Men
,
while
they
are
of
the
Council
of
Princes
,
on
Ministers
of
State
.
But
when
they
want
Imployment
,
and
are
tainted
in
their
Principles
,
or
entertain
designs
of
altering
the
State
,
or
by
the
unboundedness
of
their
aspirings
,
aim
at
the
sole
direction
of
Affairs
,
and
care
not
what
mischiefs
befall
their
Prince
,
or
Country
in
the
pursuit
of
their
Designs
;
a
Prince
should
look
upon
them
as
in
the
next
degree
of
most
dangerous
Traitors
.
In
this
case
a
Prince
hath
but
two
ways
,
either
to
set
wise
men
to
work
,
who
cambring
them
to
their
Service
,
and
make
them
sensible
,
that
their
advantage
will
be
greater
by
studying
the
Service
of
their
Prince
in
consort
with
other
experienced
Statesmen
,
than
by
heading
of
any
Faction
against
the
Government
;
and
letting
them
see
by
the
many
examples
in
History
,
how
unprosperous
it
hath
been
to
all
that
have
striven
to
wrest
Honours
and
Employments
from
their
Prince
,
without
proportionable
Service
:
That
they
are
not
to
presume
to
be
wiser
than
the
Government
:
That
Kings
have
long
Hands
,
can
reach
Malefactors
at
a
great
distance
,
and
unprovided
:
how
unable
they
are
to
vie
with
Majesty
;
and
make
them
sensible
,
that
never
any
durable
Renown
or
Wealth
was
got
by
courting
the
People
,
in
opposition
to
the
Prince
;
and
demonstrate
the
Justness
of
the
Government
in
such
Particulars
as
they
most
quarrel
at
.
And
if
this
will
not
bring
them
to
their
right
Senses
,
then
either
send
them
abroad
,
or
give
them
some
ticklish
Employment
at
home
,
wherein
,
if
their
Ambition
tempt
them
to
outdo
their
Commission
,
they
may
be
run
into
a
Praemunire
,
whereby
they
may
be
crushed
at
once
.
Still
a
Prince
hath
a
difficult
task
how
to
comport
himself
,
to
cast
off
Ministers
of
State
,
who
having
been
accustomed
to
be
very
leading
,
and
much
credited
in
Councils
,
have
been
imployed
in
great
and
weighty
Affairs
,
got
themselves
great
Estates
,
and
Dependences
.
If
such
(
upon
some
Reasons
the
Prince
best
knows
to
himself
)
be
softly
to
be
laid
aside
,
whereby
his
Partisans
may
be
induced
to
believe
,
it
was
for
no
Guilt
,
but
to
make
room
for
others
advancement
;
a
Prince
is
in
danger
to
have
his
Affairs
much
obstructed
by
them
.
For
these
(
upon
every
ill
succeeding
Affair
of
State
after
their
removal
)
will
suggest
to
the
People
,
the
evil
tendency
of
it
;
and
they
shall
be
sure
to
have
their
repute
for
Judgment
and
forecast
much
valued
by
the
People
,
because
it
was
so
once
by
the
Prince
:
and
so
the
vulgar
instantly
credit
his
Sentiments
as
Oracles
;
so
that
he
having
already
acquired
an
easy
belief
,
with
the
greatest
facility
in
the
World
,
puts
a
false
gloss
upon
the
Princes
best
designed
Actions
,
and
retaining
his
old
dependences
,
they
will
whisperingly
disperse
his
sence
of
things
.
Let
him
then
make
himself
heads
of
the
Country
Party
,
and
the
true
Protestants
(
as
of
late
some
affected
to
be
called
)
and
he
is
presently
without
further
labour
and
industry
adored
as
the
Peoples
prime
Patriot
.
Having
got
Tools
enough
to
work
with
,
still
pretending
his
concern
for
the
Publick
weal
of
the
People
,
and
at
the
same
time
,
tacitly
insinuating
some
reflections
upon
his
Quondam-fellow
Counfellors
,
depreciating
their
Wisdom
,
and
Honesty
,
and
leaves
the
application
to
his
Admirers
:
They
will
be
sure
to
aggravate
all
appearances
of
Male-Administration
(
since
his
laying
aside
,
and
insinuate
that
Affairs
have
a
tendency
to
oppression
of
the
People
,
altering
Religion
,
or
such
like
plausible
Subjects
;
and
so
by
little
and
little
the
Peoples
affections
will
be
estranged
from
their
Prince
,
and
shall
be
set
upon
this
new
Idol
,
the
fallen
Lucifer
.
If
the
Soveraign
upon
some
emergences
by
necessitated
to
call
a
Parliament
,
he
shall
obtain
a
great
,
if
not
a
major
part
of
the
Members
,
chosen
(
according
to
the
Common
Peoples
by
as
,
he
shall
put
upon
them
)
most
opposite
to
the
Kings
Interest
.
In
such
an
Assembly
he
shall
be
sure
to
have
great
Interest
,
and
under
some
pretences
of
Grievances
of
the
Subject
,
render
useless
to
the
Affairs
of
the
Soveraign
,
and
upon
its
necessary
dissolution
,
improve
still
his
Interest
,
that
the
succeeding
Parliament
shall
be
as
wayward
;
and
by
promoting
Bills
,
he
knows
his
Soveraign
can
neither
in
Honour
or
Conscience
assent
to
,
still
more
alienate
the
Peoples
affections
from
him
,
till
at
last
he
get
to
be
sole
Director
of
such
Assemblies
;
having
all
this
while
the
Wisdom
and
cunning
to
keep
himself
within
the
compass
,
and
reserve
,
that
for
Words
or
Actions
he
be
not
obnoxious
to
the
Laws
.
Having
obtained
this
height
,
he
is
able
to
influence
the
Elected
of
City
Magistrates
,
secure
himself
by
them
,
and
at
last
to
form
Conspiracies
against
his
Prince
;
till
which
time
,
he
being
the
Idol
of
the
People
,
is
only
feared
and
suspected
:
but
nothing
of
Traiterous
Designs
being
yet
pregnantly
discovered
,
he
runs
on
his
risk
till
some
fortunate
discovery
of
his
designs
force
him
to
abscond
,
and
then
his
whole
machinations
come
to
light
;
and
if
he
escape
the
hand
of
Justice
,
he
is
forced
to
leave
his
Countrey
,
and
ends
his
life
ingloriously
abroad
.
This
is
the
common
exit
of
such
,
who
had
much
better
have
offered
violence
to
these
headstrong
Passions
,
and
been
content
with
a
quiet
retreat
,
and
dieted
and
physicked
their
virulent
distempers
with
the
applications
of
sage
Counsel
,
and
the
Precepts
of
Judicious
Men
,
finding
out
the
cure
for
their
Diseases
in
Books
,
and
Solitude
;
than
thus
to
live
in
the
Pangs
and
Throes
of
Ambition
,
to
the
disquiet
of
their
Prince
,
and
the
emptying
of
their
Country
.
Of
such
we
may
not
only
say
with
[
](A46988-e172700-b)(h)
(h)
Percandam
posthac
modestiam
ut
contentius
esset
.
Tacit.
4.
Annal.
Drusus
,
That
Modesty
must
be
prayed
to
,
that
they
be
content
with
their
Greatness
;
but
Justice
must
be
invoked
to
prune
such
luxuriant
Branches
,
as
not
only
overtop
and
Shade
all
the
rest
,
but
suck
away
from
them
all
their
Sap
and
Nourishment
.
In
[
](A46988-e172740-b)(i)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
2.
Dio
Cassius
I
find
it
,
advised
,
That
such
Criminals
as
these
,
that
are
above
the
stroke
of
Justice
,
and
whom
a
Prince
cannot
with
security
to
himself
bring
to
a
Publick
Trial
,
should
not
be
arraigned
,
but
as
open
Enemies
instantly
punished
.
So
some
Princes
,
finding
such
subtle
ambitious
Men
,
beyond
the
reach
of
their
Justice
,
by
way
of
publick
Arrest
and
Trial
by
the
Law
,
being
satisfied
in
their
Consciences
that
they
were
hatching
great
mischiefs
to
their
State
,
and
the
subversion
of
their
Government
,
have
commanded
by
their
Soveraign
Power
,
execution
of
them
by
private
hands
.
So
fell
Frier
[
](A46988-e172800-b)(k)
(k)
History
of
Hungary
George
,
newly
made
Cardinal
,
for
tampering
with
Solyman
the
magnificent
to
bring
him
into
Transilvania
,
and
exclude
King
Ferdinand
,
by
direction
from
the
King
to
Castald
his
General
there
.
So
fell
the
Duke
of
Guise
,
and
the
Cardinal
of
Burbon
;
but
this
sort
of
Justiec
brought
as
great
mischiefs
afterwards
to
their
Crowns
,
as
they
could
in
probability
have
sustained
by
their
lives
,
at
least
,
if
the
Prince
had
with
watchful
oversight
so
timed
the
Execution
,
that
they
had
let
them
live
till
they
had
made
their
Treasons
more
manifest
.
So
Tacitus
[
](A46988-e172920-b)(l)
(l)
Inauditi
atque
indefensi
tanquam
inno
.
centes
●erierunt
.
1.
Histor
.
speaking
of
Galba's
putting
to
death
Cingonius
Varro
,
and
Petronius
Turpillianus
,
saith
,
That
they
being
not
suffered
to
be
heard
,
and
defend
their
Causes
judicially
,
perished
in
the
repute
of
Innocents
.
Therefore
there
are
other
ways
more
just
and
safe
for
Princes
to
take
with
so
great
and
subtile
Criminals
.
As
to
toyle
them
into
some
great
errours
,
give
them
opportunities
to
shew
their
ill
Conduct
and
Council
,
or
to
do
something
ungrateful
to
the
People
,
that
they
may
go
out
of
their
places
with
such
a
scar
as
will
stick
by
them
in
their
retirement
,
and
study
to
enjoy
a
quiet
recess
,
lest
they
be
called
to
an
account
for
what
they
connived
at
when
they
fell
;
so
if
they
can
be
rendred
unuseful
,
and
of
little
credit
with
the
People
,
they
will
have
none
to
back
them
in
their
attempts
,
but
Persons
of
small
Reaches
,
and
Interest
;
and
then
for
smaller
Transgressions
they
may
be
called
to
an
account
;
and
if
they
be
conscious
to
themselves
of
any
guilt
,
they
will
quit
their
undertakings
,
for
fear
of
a
suddener
Catastrophe
than
Ostracism
.
If
such
Ambitious
Persons
have
gained
so
great
Interest
,
that
neither
by
setting
Spies
upon
them
,
or
by
other
Arts
their
secret
drift
can
be
sifted
out
,
[
](A46988-e172990-b)*
*
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
5.
Polit.
c.
11.
then
Aristotle's
Rule
is
to
be
observed
,
by
compassings
and
windings
to
remove
them
,
and
not
to
tak
all
their
Power
away
at
once
,
or
to
remove
them
to
some
higher
place
,
where
they
may
have
a
new
Administration
to
begin
,
in
which
they
are
not
so
well
versed
,
on
wherein
they
can
do
nothing
without
the
Prince
and
his
Councils
daily
inspection
,
and
where
no
dependences
are
to
be
gained
.
Above
all
,
a
Prince
is
to
take
care
to
follow
the
[
](A46988-e173050-b)(m)
(m)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Ibid.
Philosophers
Rule
,
to
make
no
man
too
great
:
for
as
he
saith
,
It
is
the
safeguard
of
the
Principality
to
make
no
one
Man
great
.
For
Tacitus
[
](A46988-e173080-b)(n)
(n)
Semper
periculosum
,
privati
hominis
nomen
supra
nomen
Principis
attolli
.
Vita
Agricolae
.
well
observed
.
It
is
most
inconvenient
,
and
dangerous
,
to
have
any
one
more
in
vogue
than
the
Prince
;
for
if
such
have
not
powerful
Principles
of
Loyalty
lodged
in
their
breasts
,
they
have
great
temptations
and
opportunities
to
do
Mischiefs
,
especially
,
if
after
the
obtaining
great
Authority
and
Power
,
they
are
sensible
of
parties-making
against
them
.
For
then
,
self-preservation
is
mixed
with
their
Ambition
,
and
that
prompts
them
to
dangerous
undertakings
,
as
it
did
the
Earl
of
Essex
,
in
Queen
Elizabeth's
time
.
For
as
Dio
[
](A46988-e173140-b)(o)
(o)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Lib.
2.
Cassius
notes
,
Long
and
lasting
Command
lifts
up
mens
Spirits
,
and
induceth
them
to
alter
Affairs
.
So
the
long
continued
Favours
of
the
Queen
,
and
the
great
Imployments
under
her
,
made
that
unfortunate
Earl
impatient
to
see
himself
eclipsed
,
and
whether
out
of
pure
envy
to
the
present
Ministers
of
State
,
or
upon
greater
Designs
(
I
enquire
not
)
seek
to
remove
at
least
those
with
a
violent
Hand
,
that
he
thought
were
his
Enemies
:
in
which
attempt
he
fell
worthily
under
the
Severity
of
the
Law
,
which
will
allow
no
Man
to
expound
the
goodness
of
his
Intentions
,
when
he
offers
force
to
his
Prince
.
When
therefore
there
is
any
Necessity
of
State
to
make
any
great
,
[
](A46988-e173190-b)(p)
(p)
Magna
libertatis
(
ac
Principatus
)
custodia
,
si
magna
imperia
,
diuturna
esse
non
sinas
.
Lib.
4.
Livy's
Rule
is
to
be
observed
,
That
his
Authority
be
short
;
for
that
is
Safety
to
the
Liberty
of
the
People
,
as
well
as
to
the
Sovereignty
of
the
Prince
.
So
the
Lord
Lieutenants
of
Ireland
,
and
elsewhere
,
are
not
only
removable
at
the
King's
Pleasure
;
but
they
have
not
been
used
to
be
continued
long
:
for
more
durable
Commands
too
much
elevate
ambitious
Mens
Genius's
,
and
gain
them
great
Dependences
,
who
will
be
apt
to
own
their
Honour
,
and
places
of
Profit
,
rather
to
such
great
Ministers
,
than
to
the
King
himself
;
whereby
if
they
have
a
mind
to
make
Innovations
,
they
have
Opportunities
,
and
Coadjutors
.
Sejanus
is
a
great
Example
of
Ambitious
aspiring
,
and
most
deserved
,
violent
,
and
praecipitate
Ruin
.
Tacitus
[
](A46988-e173270-b)(q)
(q)
Corpus
illi
laborem
tolerans
,
animus
audax
,
sui
obtegens
;
in
alios
criminator
,
juxta
a●●l●tor
&
superbus
;
palam
compesitus
pudor
,
intus
summa
apiscendi
libido
,
&
ejusque
causa
modo
largitus
,
&
luxus
,
saep●us
industria
ac
vigilantia
haud
minus
noxiae
,
quotiens
parando
Regno
finguntur
.
1.
Annal.
gives
us
his
Character
thus
,
That
he
was
of
Body
able
to
endure
Labour
,
of
Mind
bold
,
in
his
own
Actions
secret
,
an
Informer
against
others
,
as
proud
as
flattering
,
in
shew
Modest
,
but
inwardly
greedy
of
Aspiring
:
for
which
Cause
he
used
sometimes
largesses
and
lavishing
,
but
more
often
Industry
and
Diligence
;
means
,
saith
he
,
dangerous
alike
,
when
they
are
dissemblingly
used
to
win
a
Kingdom
.
This
Sejanus
poisoned
Drusus
,
by
corrupting
Livia
his
Wife
,
and
practised
to
destroy
Agrippina
and
Germanicus's
Children
,
from
whom
he
endeavoured
to
alienate
Tiberius's
Mind
.
He
requested
Tiberius
,
that
he
might
Marry
Livia
,
widow
of
Drusus
,
by
which
means
he
thought
to
get
himself
incorporated
into
the
Royal
Family
;
and
having
destroyed
the
whole
Race
of
Germanicus
and
Drusus
,
the
next
Heirs
of
Augustus
,
he
might
the
easier
have
usurped
the
Empire
in
Tiberius's
old
Age
,
whom
he
had
got
to
retire
to
Capraea
,
and
commit
the
management
of
affairs
to
himself
.
But
for
all
these
gradual
and
high
Steps
,
when
he
was
almost
at
the
top
of
his
Ambition
,
snatching
the
very
Diadem
,
having
already
got
his
Image
with
Tiberius's
,
decreed
by
the
Senate
,
to
be
set
about
the
Altars
of
Clemency
and
Friendship
,
he
was
at
last
by
Tiberius's
Authority
,
and
Macro's
Diligence
,
utterly
destroyed
:
[
](A46988-e173480-b)(r)
(r)
Tiberium
variis
artibus
devinxit
,
adeo
ut
obscurum
adversum
,
alios
,
sibi
uni
incautum
intectumque
assiceret
.
Id.
Though
he
had
so
overcome
Tiberius
by
his
Arts
,
that
though
he
was
reserved
to
all
others
,
yet
to
him
alone
he
was
cautionless
and
uncovered
.
For
as
by
his
cunning
(
by
which
he
was
also
circumvented
)
saith
Tacitus
,
so
by
the
Anger
of
the
Gods
to
the
affairs
of
Rome
,
with
equal
mischiefs
to
it
,
he
flourished
and
fell
.
So
Juvenal
[
](A46988-e173540-b)(s)
(s)
Satyra
10.
tells
us
.
—
Sejanus
ducitur
unco
Spectandus
,
gaudent
omnes
—
—
nam
qui
nimios
optabat
honores
,
Et
nimias
poscebat
opes
,
numerosa
parabat
Excelsae
Turris
tabulata
,
unde
altior
esset
Casus
,
&
impulsae
praeceps
immane
Ruinae
.
Fifthly
,
5.
The
Envious
.
The
Envious
are
very
carefully
to
be
watched
over
;
they
secretly
sow
the
Tares
that
choak
the
Fruitful
Crop
of
peaceable
Government
.
There
are
some
Envies
that
are
less
prejudicial
to
a
State
,
as
being
against
some
Ministers
of
State
only
,
and
not
against
the
Government
;
and
these
are
so
natural
,
that
in
the
calmest
times
they
are
practised
:
and
to
prevent
this
,
it
is
only
needful
for
Princes
to
take
care
of
the
choice
of
such
as
they
commit
matters
of
publick
Administration
to
,
and
that
Persons
envied
so
deport
themselves
,
as
they
may
not
deserve
it
.
Publick
Envy
(
saith
the
Learned
[
](A46988-e173670-b)(t)
(t)
St.
Alban
's
Essays
,
c.
1.
p.
33.
Chancellor
)
is
an
Ostracism
,
that
Eclipseth
Men
when
they
grow
too
great
,
and
is
a
Bridle
to
great
ones
to
keep
them
within
Bounds
.
Those
above
others
are
most
subject
to
be
envied
,
Id.
who
carry
the
greatness
of
their
Fortunes
in
an
insolent
,
proud
,
and
imperious
manner
;
whereas
wise
Men
will
rather
sacrifice
to
Envy
in
suffering
themselves
to
be
crossed
,
and
overborn
in
things
that
do
not
much
concern
them
.
So
the
carrying
greatness
in
a
plain
and
open
manner
without
Arrogance
,
and
Vain-glory
,
doth
demolish
Envy
.
Therefore
the
wise
sort
of
great
Persons
ever
bring
upon
the
Stage
somebody
,
upon
whom
to
derive
the
Envy
,
which
otherwise
would
fall
upon
themselves
.
Persons
of
eminent
Vertues
,
Id.
when
they
are
advanced
,
are
less
envied
:
for
their
Fortune
seemeth
but
due
to
them
,
especially
if
they
be
of
noble
Blood
,
being
that
much
is
not
added
to
their
Fortune
;
so
those
advanced
by
degrees
,
are
less
envied
than
those
per
saltum
.
Those
that
have
joined
with
their
Honours
,
Id.
great
Cares
and
Perils
,
are
rarely
envied
;
son
Men
think
they
earn
their
Honour
dearly
,
and
pity
them
sometimes
,
and
Pity
healeth
Envy
.
There
fore
the
more
sober
sort
of
Politick
Persons
,
in
their
Greatness
,
are
ever
bemoaning
themselves
,
quanta
patintur
!
not
that
they
feel
it
so
,
(
though
certainly
to
discharge
great
places
honourably
,
is
a
vast
Fatiegue
)
but
to
abate
the
Edge
of
Envy
,
as
my
Lord
St.
Albans
wisely
observes
.
Unworthy
Persons
are
most
envied
at
first
;
Id.
whereas
Persons
of
Worth
and
Merit
,
are
most
envied
when
their
Fortunes
continue
long
:
for
by
that
time
,
though
their
vertue
be
the
same
,
yet
it
hath
not
the
same
Lustre
;
for
fresh
Men
grow
up
to
shade
it
.
These
are
not
the
Envies
that
are
so
perilous
to
States
,
for
that
they
are
terminated
on
particular
Persons
only
;
but
that
Envy
which
is
dangerous
to
a
State
,
is
when
it
is
great
upon
the
Ministers
of
State
,
when
the
[
](A46988-e173830-b)(u)
(u)
Dolendi
modus
,
ti
mendi
non
item
.
Causes
of
it
,
especially
,
are
small
,
and
the
Fear
greater
than
the
Feeling
;
for
that
shews
the
Envy
raised
upon
Design
,
and
to
be
general
upon
all
,
or
most
of
the
Ministers
:
and
then
however
it
may
be
disguised
,
it
is
upon
the
State
it self
.
It
is
this
kind
of
Envy
that
principally
forebodes
Mischief
,
and
requires
greater
Skill
and
Dexterity
in
the
Prince
,
and
his
Ministers
,
to
avoid
the
Malignity
of
the
Blast
of
these
black
Souls
,
and
the
Sting
of
such
Asps
,
Vipers
,
and
Scorpions
.
Therefore
it
is
no
small
Skill
to
chuse
out
such
,
for
publick
Negotiations
,
as
will
be
less
subject
to
be
envied
;
which
in
Part
may
be
understood
by
electing
those
that
have
Worth
,
Ability
,
and
Vertue
to
commend
them
,
and
not
private
Affection
or
Interest
only
.
Sixthly
,
6.
The
Discontented
.
The
discontented
are
File-leaders
of
Faction
,
The
best
foresight
and
prevention
of
Mischief
from
them
is
,
that
there
be
no
fit
Head
,
that
hath
Reputation
with
the
discontented
Party
,
upon
whom
they
may
turn
their
Eyes
.
Such
are
either
to
be
won
off
,
or
affronted
with
some
other
of
the
same
Party
,
that
may
oppose
them
,
and
so
divide
the
Reputation
,
and
make
distinct
Interests
among
them
:
for
Factions
generally
subdivide
,
as
that
of
the
Optimates
and
Lucullus
did
against
Pompey
and
Caesar
;
and
when
the
Senates
Authority
was
pulled
down
,
Caesar
and
Pompey
after
broke
upon
one
another
.
So
Antonius
and
Lepidus
against
Brutus
and
Cassius
;
and
after
they
were
overthrown
,
Antonius
and
Augustus
divided
.
So
in
the
late
War
,
the
Presbyterians
and
Independents
clashed
,
till
at
last
the
Contest
betwixt
them
two
so
weakned
both
,
that
it
much
facilitated
the
Restauration
of
the
King
.
To
give
moderate
Liberty
for
Grief
and
Discontent
to
evaporate
(
so
it
be
without
too
great
Insolence
,
saith
a
Wise
Man
)
[
](A46988-e174030-b)(w)
(w)
St.
Albans
,
tit
.
Sedition
.
is
safe
,
especially
if
a
Prince
noting
the
Causes
of
Discontent
,
be
removing
of
them
insensibly
,
during
his
Connivence
,
so
as
he
seem
aliud
agere
;
to
let
them
see
it
was
not
for
want
of
Foresight
,
or
Good-will
,
that
he
set
not
on
the
Work
sooner
,
but
that
he
waited
the
critical
time
.
The
neglect
of
this
,
some
think
,
was
one
of
the
great
misfortunes
of
King
Charles
the
First
's
Reign
:
That
his
Ministers
(
who
could
not
but
be
sensible
how
universal
the
discontent
of
the
People
was
from
the
beginning
of
his
Reign
;
yet
suffered
them
fifteen
years
to
be
fermenting
,
and
the
causes
not
to
be
insensibly
removed
,
till
when
it
was
done
at
last
,
all
at
once
,
Anno
1640
,
1641.
the
King
got
no
thanks
for
it
,
as
seeming
to
be
favours
rather
extorted
than
freely
granted
.
For
by
the
long
lodging
of
discontent
in
the
bosom
of
the
People
,
the
humour
turned
back
,
made
the
wound
bleed
inwardly
,
and
ingendered
dangerous
Ulcers
and
malignant
Imposthumes
.
However
it
is
too
apparent
(
though
that
was
a
great
oversight
)
yet
the
backwardness
of
the
Parliaments
to
afford
Supplies
,
and
the
designers
of
the
Civil
Wars
,
who
had
been
at
work
all
along
,
were
the
true
Cause
of
those
Miseries
,
together
with
the
blessed
Kings
Clemency
.
Carrying
men
from
hopes
to
hopes
of
redress
(
so
as
it
be
not
too
tiresome
)
is
one
of
the
best
Antidotes
against
the
poyson
of
discontentment
;
and
when
it
ariseth
not
so
much
from
malice
as
mistake
,
[
](A46988-e174100-b)(x)
(x)
Da
malorum
poenitentiae
,
honorum
consensui
spacium
.
Tacit.
1.
Histor
.
a
Prince
may
respite
a
while
the
Prosecution
,
to
give
space
to
the
evil
to
repent
,
and
to
the
good
to
consent
or
be
convinced
:
perhaps
a
little
time
will
mellow
and
meliorate
humours
,
diem
forsitan
tempusque
ipsum
leniturum
iras
,
sanctitatemque
animis
allaturam
,
as
Livy
judiciously
observes
.
Yet
this
is
to
be
admitted
with
some
restriction
:
For
as
Tacitus
notes
,
[
](A46988-e174160-b)(y)
(y)
Ipse
inutili
contatione
agendi
,
tempus
consultando
consumpsit
;
mox
utrumque
concilium
aspernatus
,
quod
inter
ancipitia
deterrimum
est
,
dum
media
sequitur
nec
ausus
est
satis
,
nec
praevidit
.
Id.
3.
Hist
.
in
another
case
of
Valens
Lieutenant
to
Vitellius
,
That
using
delay
in
prosecuting
the
Enemy
,
to
the
great
danger
of
his
cause
,
he
spent
the
time
of
Action
in
Consultation
;
and
then
rejecting
the
extreams
of
Counsel
,
he
took
the
middle
course
,
which
,
saith
he
,
in
cases
of
danger
and
doubt
,
of
all
other
is
the
worst
.
So
in
punishing
Authors
of
Faction
,
it
is
better
use
severity
at
first
for
a
terror
,
than
to
suffer
smaller
Symptoms
of
discontent
to
pass
so
long
unrectified
,
that
at
last
they
sprout
out
with
Hydra's
heads
,
and
grow
too
numerous
to
suppress
:
for
in
such
cases
all
delays
are
dangerous
,
and
soft
quiet
dealing
brings
more
evil
,
than
hazarding
rashly
;
as
in
another
case
about
[
](A46988-e174220-b)(a)
(a)
Nec
contatione
opus
,
ubi
perniciosior
fit
quies
,
quam
temeritas
.
Idem
,
1.
Hist
.
Otho's
Conspiracy
and
the
quickness
of
the
execution
of
it
,
he
relates
;
which
might
have
been
prevented
,
if
Galba
or
Piso
had
well
observed
Otho's
popularity
,
and
his
ingratiating
himself
with
the
Souldiery
,
whom
Galba
had
discontented
about
the
Donative
.
Seventhly
,
7.
The
Emulous
.
The
Emulous
being
such
as
think
themselves
equally
capable
of
their
Prince's
Trust
and
Regard
,
make
great
ruptures
in
a
State
.
Therefore
Tacitus
condemns
the
Politicks
of
Caius
Caesar
[
](A46988-e174330-b)(b)
(b)
Aequatus
inter
duos
beneficiorum
numerus
,
&
mixtis
utriusque
mandatis
,
discordia
quaesita
,
auctaque
pravo
certamine
,
legatorum
jus
adolevit
,
diuturnitate
officii
,
vel
quia
minoribus
major
mulandi
cura
.
4.
Hist
.
that
divided
the
Proconsulship
of
Africk
betwixt
the
Proconsul
and
the
Legate
,
giving
the
latter
the
Legion
:
for
by
parting
the
Office
thus
betwixt
two
,
without
subordination
;
their
charge
and
points
of
Commission
lying
intermingled
,
and
running
joyntly
together
,
bred
and
nourished
discord
and
quarrel
;
and
through
sinister
emulation
the
Legat
Valerius
Festus
(
who
had
command
of
the
Legion
)
murthered
Piso
the
Proconsul
of
Africk
.
So
by
the
reason
of
that
emulous
hatred
betwixt
Vinius
and
Lucro
,
(c)
Galba
knew
not
what
Council
to
follow
,
and
was
ruined
.
Eighthly
,
8.
Popularity
.
Popular
men
are
to
be
noted
of
what
Principles
they
are
,
and
to
which
of
the
qualifications
of
the
Factious
Persons
they
are
inclined
,
or
how
many
of
Factious
Ingredients
are
in
their
composition
:
It
is
worth
the
Prince's
care
(
saith
a
great
[
](A46988-e174440-b)(d)
(d)
Operae
pretium
est
〈◊〉
nere
litium
animos
e●sque
tanquam
suspectos
notare
,
qui
nimium
populariter
student
:
●i
enim
facile
plebis
animos
quaquaversum
torquent
,
adrapiunt
quodlib
ertatis
avidi
praesentem
Rempublicam
contemnua●
.
Lipsius
Polit.
Praefat.
Author
)
to
discover
the
inclinations
of
his
Subjects
,
especially
those
who
over
much
affect
popularity
,
for
their
wheedles
easily
twine
and
hurry
the
common
peoples
minds
whither
they
please
,
despising
the
Government
out
of
a
greedy
desire
of
liberty
.
If
these
(
being
covetous
)
cannot
be
set
upon
some
Collections
of
Taxes
and
Duties
on
the
Subject
,
which
may
be
heavy
upon
them
,
though
laid
on
by
Authority
,
whereby
they
may
be
rendered
ingrateful
to
the
people
,
who
often
bestow
their
ill
will
upon
such
;
or
if
they
cannot
be
trapped
in
some
escapes
of
their
words
or
actions
,
whereby
fear
of
punishment
may
make
them
slacken
their
Sails
,
lest
they
be
over-set
and
cannot
ride
the
storm
:
Or
if
they
be
not
guilty
of
some
great
immorality
,
which
being
discovered
,
may
render
them
less
acceptable
;
it
will
be
necessary
that
the
Prince
chuse
fit
Persons
to
make
applications
to
them
,
by
such
as
have
some
Authority
over
or
with
them
,
and
can
rectifie
any
mischiefs
of
the
intention
of
the
Government
,
and
by
dint
of
reason
make
such
out
of
love
with
the
Contagion
of
popular
breath
,
to
suck
in
the
vitabler
air
of
the
Court
,
or
by
rectifying
their
Judgments
,
oblige
them
to
manage
the
multitude
in
their
duty
to
their
Prince
,
rather
than
encourage
them
in
the
sullen
Malecontentedness
of
their
nature
.
By
such
means
these
popular
persons
might
be
made
as
good
Instruments
as
ever
they
were
evil
.
For
certainly
were
the
generality
of
people
once
brought
to
a
sence
,
that
established
Government
is
infinitely
less
oppressive
to
them
,
than
when
Faction
giving
it
a
disturbance
,
forceth
it
to
arm
for
their
suppression
,
at
the
common
Peoples
charge
,
they
would
neither
lend
an
Ear
to
the
pragmatical
and
idle
Persons
,
who
never
are
in
their
Element
but
when
they
are
sowing
Dissentions
,
or
making
Parties
,
either
in
their
Parishes
,
(
especially
in
Corporations
)
,
or
busying
themselves
with
Officers
of
State
,
which
is
another
kind
of
business
than
their
shallow
understandings
can
apprehend
.
But
the
itch
of
appearing
some
body
in
the
rout
,
makes
them
scrub
upon
every
log
and
post
,
rather
than
lose
the
pleasure
of
spending
that
little
Salt
in
their
Blood
.
Ninthly
,
9.
Cunning
men
.
The
cunning
close
men
are
either
such
who
are
no
great
lovers
of
the
Government
,
yet
dare
slily
nibble
at
it
,
or
they
are
the
Achitophels
.
As
to
the
first
,
their
strength
lyes
in
the
Art
of
wheedling
,
shrugs
and
insinuation
,
they
being
afraid
to
show
their
morphewed
.
Complexion
,
never
put
off
their
Vizard
but
when
they
are
among
their
Confidents
:
which
shows
how
little
courage
they
have
,
unless
in
a
Croud
,
or
Tumult
,
and
then
they
are
no
longer
assured
than
the
whole
body
is
succesful
.
If
it
come
to
dispute
and
hazard
,
they
are
the
first
that
fly
to
their
Burrow
.
They
are
Moles
indeed
:
But
if
their
walks
be
once
discovered
,
they
are
easily
catcht
,
and
are
so
blind
they
neither
know
how
to
avoid
the
Trap
,
or
their
own
destruction
,
and
when
uncased
are
the
despicablest
of
Vermin
.
The
Achitophels
are
presumed
to
be
of
quicker
sence
,
and
nimbler
parts
,
and
have
always
some
private
[
](A46988-e174530-b)(c)
(c)
Privati
pertinacia
in
publicum
exitium
.
Tacit.
10.
Hist.
end
that
they
eagerly
pursue
,
though
it
be
to
the
ruine
of
the
Publick
:
yet
they
have
a
peculiar
short
sightedness
,
In
that
they
neither
look
back
on
former
Precedents
of
unsuccessful
attempts
of
that
nature
;
nor
forward
to
consider
how
many
contingences
may
happen
,
whereby
the
whole
design
may
be
disappointed
;
or
how
many
and
different
Engines
are
to
be
imployed
,
to
rear
that
new
Frame
of
Government
.
So
that
if
any
few
,
that
have
generousness
or
honesty
,
scent
the
design
,
the
whole
machine
,
by
the
unloosing
of
some
few
pins
,
falls
in
confusion
,
and
buries
in
its
rubbish
the
Architects
who
[
](A46988-e174550-b)(d)
(d)
Imperium
cupienribus
,
nihil
medium
inter
summa
aut
praecipitia
.
Tacit.
2.
Hist
.
have
no
half
paces
betwixt
height
and
precipice
.
These
are
presumed
to
have
plotting
heads
,
and
all
the
wiles
of
the
subtilest
Foxes
,
and
not
to
want
courage
,
resolution
,
and
conduct
;
rarely
undertaking
such
designs
,
but
when
there
is
some
general
discontent
,
or
pretensions
of
redressing
Grievances
.
Therefore
wise
Princes
are
to
substract
the
subject
matter
of
their
pretences
,
and
to
set
on
work
able
Counterminers
,
whom
they
are
in
some
publick
manner
to
disgrace
,
or
disoblige
,
whereby
they
may
the
easilier
be
admitted
into
the
inmost
Councils
of
the
Achitophels
,
and
by
secret
Intelligence
on
the
one
hand
advertise
the
Prince
of
the
methods
,
drift
and
design
of
those
men
;
and
on
the
other
side
push
things
forward
to
some
overt
Acts
,
in
which
these
Miners
may
be
surprized
.
During
which
time
the
Prince
is
to
encourage
,
strengthen
and
impower
all
who
are
true
to
his
interest
;
which
done
,
it
will
be
a
strange
fatality
,
if
he
in
a
little
time
triumph
not
over
these
cunning
Intriguers
.
As
to
I
novators
in
Religion
,
it
is
found
by
long
expetience
how
difficult
it
is
to
suppress
them
.
Tenthly
,
Innovators
in
Religion
.
A
nulla
re
majus
periculum
Imperiis
&
Sceptris
,
quam
ab
innovata
,
&
insidiose
simulata
Religione
.
lib.
de
una
Religione
.
For
though
it
be
true
what
Lipsius
saith
,
That
danger
to
Empires
happens
from
nothing
more
,
than
from
Religion
innovated
,
or
treacherously
dissembled
;
yet
neither
he
nor
any
Prince
could
yet
find
a
sufficient
means
,
either
to
prevent
the
Ingress
,
or
stop
the
spreadings
of
different
Modes
of
Religious
worship
,
and
of
Doctrines
that
are
judged
conducible
to
a
more
Pious
living
,
when
they
are
not
too
chargeable
or
too
difficult
to
be
performed
.
Therefore
most
Princes
in
Europe
(
whose
Subjects
are
numerous
of
different
Religions
)
considering
the
inconvenience
of
dispeopling
their
Countries
,
or
endangering
Civil
Wars
,
countenance
one
form
of
Discipline
,
that
appears
to
them
the
best
adapted
to
the
constitution
of
their
Secular
Government
,
by
capacitating
only
such
as
adhere
to
it
,
to
enjoy
Offices
and
Preferments
,
and
permitting
others
in
a
private
way
to
enjoy
the
liberty
of
their
Opinions
,
so
as
they
may
not
be
dangerous
to
the
State
.
Interdicting
publick
Orations
upon
controverted
Points
;
or
when
they
find
danger
of
Seditions
by
them
,
retrenching
some
of
their
privileges
to
keep
them
in
subordination
.
Having
thus
gone
through
these
ten
particulars
,
I
shall
say
something
of
Libels
and
Corporations
,
and
so
close
this
Chapter
.
As
to
Libels
,
we
find
in
Tacitus
,
Of
Libels
.
That
Crematius
Cordus
being
accused
that
he
had
commended
Brutus
and
Cassius
as
the
last
of
the
Romans
;
this
was
thought
to
reflect
upon
Tiberius
:
and
in
his
defence
,
Cordus
[
](A46988-e174750-b)(f)
(f)
Ipse
divus
Julius
,
ipse
divus
Augustus
&
tulere
ista
,
&
reliqu●re
,
haud
facile
dixerim
moderatione
magis
an
sapientia
:
namque
spreta
exolescunt
,
si
irascare
agnita
videntur
.
saith
,
That
Livy
had
commended
Pompey
,
that
Messalla
Corvinus
had
spoken
honourably
of
Cassius
,
that
Catullus
and
Bibaculus's
Verses
were
read
,
which
were
stuffed
with
Calumnies
against
Julius
and
Augustus
;
yet
those
Emperors
suffered
them
,
and
left
them
unpunished
,
whether
with
more
moderation
or
wisdom
,
he
would
not
determine
:
For
such
things
being
slighted
,
grew
stale
and
unregarded
;
but
if
the
Prince
be
incensed
against
them
,
they
take
fire
faster
.
Such
Libels
therefore
as
in
a
slight
manner
only
make
ingenious
Reflexions
upon
select
Persons
,
In
the
twenty
eighth
Law
of
King
Alfred
,
entituled
,
Be
fole
leasungum
gewyr●tum
,
Of
false
Rumors
or
Lies
done
or
told
to
the
People
,
the
Punishment
was
,
That
his
Tongue
should
be
cut
out
,
bim
mon
accors
tha
Tungan
of
,
unless
he
redeemed
it
at
the
price
of
his
Head
.
or
attack
not
the
Government
enviously
,
and
in
such
a
way
as
the
Government
is
not
in
danger
,
may
be
connived
at
.
But
the
Authors
of
malicious
witty
Libels
are
principally
to
be
sought
after
,
as
the
Trumpets
and
Kettle-drums
that
call
together
the
whole
Array
against
the
Government
:
And
if
they
cannot
be
dispossessed
of
that
Evil
Spirit
by
gentler
means
,
they
are
to
undergo
the
severity
of
the
Laws
which
are
made
against
Incendiaries
of
a
Kingdom
,
which
is
of
more
dangerous
consequence
than
the
firing
of
a
Private
Man's
Habitation
.
The
danger
from
these
Libels
are
the
greater
,
because
[
](A46988-e174900-b)(g)
(g)
In
civitate
discordi
,
&
ob
crebras
Principum
mutationes
,
inter
libertatem
&
licentiam
incerta
,
parvae
quoque
res
magnis
motibus
agebantur
.
Tacit.
2.
Hist
.
in
times
of
Faction
,
and
the
often
Changes
of
Government
,
the
People
being
unfixed
,
fluctuating
betwixt
Liberty
and
Licentiousness
,
small
Matters
are
transacted
with
great
Emotions
.
As
to
Corporations
,
they
have
all
of
them
been
endowed
with
their
Privileges
by
the
Grace
and
Bounty
of
the
Sovereign
,
from
whence
all
Immunities
and
Honours
do
flow
.
The
first
Institution
of
them
was
,
no
doubt
,
Concerning
Corporations
.
that
Justice
might
be
executed
in
them
,
for
the
better
governing
their
numerous
Inhabitants
;
that
they
might
be
the
Places
of
Traffick
,
where
the
adjacent
Country
might
be
supplied
,
and
their
Neighbours
might
vend
their
Growth
and
Manufacture
.
And
thus
being
enriched
by
Commerce
,
separated
from
their
Country-Neighbours
by
Honours
,
Offices
,
and
Liberties
;
something
a
Gentiler
Education
might
be
expected
there
,
whereby
they
might
be
Patterns
to
their
adjoyning
Neighbours
of
good
and
vertuous
Deportment
,
being
exempted
from
the
Jurisdiction
of
the
Justices
of
Peace
,
and
attendance
upon
Assizes
,
whereby
Legal
Matters
,
in
order
to
the
necessary
Administration
of
Justice
,
are
executed
in
their
Precincts
,
by
their
own
Members
;
and
many
of
them
(
besides
the
Privileges
to
be
found
at
large
in
the
Statutes
and
Law-Books
)
have
power
to
chuse
as
many
to
represent
them
in
Parliament
,
as
the
whole
County
hath
.
It
would
fill
a
large
Volume
,
to
recount
the
particular
Powers
and
Freedoms
have
been
granted
to
them
by
the
Royal
Favour
of
the
successive
Kings
of
England
,
whereby
they
are
erected
into
little
Commonwealths
.
Therefore
there
is
good
reason
,
as
they
may
do
much
good
or
harm
,
and
they
have
all
the
enriching
Streams
and
Conduits
from
the
Sovereign
Spring
and
Fountain
;
so
they
should
have
a
strict
dependence
upon
the
Sovereign
,
that
they
may
not
employ
those
great
Privileges
against
the
Laws
and
Government
;
nor
the
rich
pragmatical
Magistrates
,
Citizens
,
and
Freemen
,
animate
Factions
and
Seditions
against
it
;
or
presume
to
obtrude
their
impertinent
Advices
upon
their
Sovereign
,
or
by
their
clamorous
Petitions
for
Redress
of
pretended
Grievances
,
and
Male-administration
,
or
by
their
Election
of
Factious
Representatives
,
dispose
of
the
Fate
of
the
Empire
,
as
they
did
in
1641.
by
their
general
Combinations
with
the
then
Parliament
,
which
they
so
effectually
assisted
in
their
Rebellion
.
It
is
too
manifest
how
little
Justice
the
two
last
Kings
could
have
in
the
great
Metropolis
,
the
King
's
Imperial
Chamber
,
or
in
other
Corporations
,
although
they
had
all
,
less
or
more
,
received
great
Instances
of
their
Royal
Favours
and
Graces
.
And
tho'
the
great
City
,
by
the
late
King
of
Immortal
Memory
's
Royal
Munificence
,
and
Princely
Care
,
as
much
as
in
him
lay
,
by
Act
of
Parliament
,
and
his
own
particular
Bounty
,
(
after
it
was
so
fatally
reduced
to
Ashes
)
was
raised
into
one
entire
Palace
,
so
beautiful
and
splendid
,
as
all
People
must
acknowledge
it
the
Eighth
Wonder
;
yet
the
grateful
Returns
were
unproportionable
.
This
great
City
enjoyed
as
ample
and
beneficial
Privileges
as
any
could
wish
for
;
and
though
it
be
deprived
of
some
of
them
,
yet
,
by
the
Munificence
of
our
late
and
present
Sovereign
,
it
enjoys
what
is
needful
for
its
well
governing
in
subordination
to
the
Publick
.
Since
therefore
the
Corporations
,
mostly
,
were
found
to
have
made
ill
Returns
to
their
Sovereigns
,
for
all
their
special
Graces
;
by
a
most
wise
Council
it
hath
been
judged
fit
to
enquire
by
what
Warrant
they
enjoyed
those
Privileges
,
and
to
recall
those
Charters
,
that
new
ones
might
be
granted
,
mostly
with
Additions
of
Privileges
;
only
that
the
Magistrates
(
if
they
should
abuse
their
Authority
)
might
be
displaced
at
the
King's
Pleasure
:
A
most
necessary
Resumption
of
Power
,
whereby
they
might
not
be
in
a
capacity
for
the
future
to
give
any
Disturbance
to
the
Government
.
Elsewhere
I
have
given
short
Hints
of
the
Practice
of
former
Kings
,
in
vacating
the
Charters
of
the
great
City
,
and
shall
only
add
what
I
find
in
the
most
Judicious
Historian
was
done
in
a
like
Case
,
by
the
Senate
of
Rome
,
in
Tiberius
his
Reign
.
The
Licence
[
](A46988-e175040-b)(h)
(h)
Crebrescebat
enim
Graecas
per
urbes
licentia
atque
impunitas
asyla
statuendi
;
complebantur
●●mpla
pessimis
servitia●um
,
eodem
subsidio
obaera●i
adversus
creditores
,
suspectique
capitalium
criminum
receptabantur
:
nec
ullum
satis
validum
Imperium
erat
coercendis
seditionibus
populi
;
flagitia
hominum
,
ut
Caeremonias
Deum
prot●entes
.
Igitur
placitum
ut
mitterent
civitates
Jura
,
atque
Legauos
,
&c.
Magnaque
ejus
diei
species
fuit
,
quo
Senatus
majorum
beneficia
,
sociorum
p●cta
,
Regum
etiam
qui
ante
vim
Romanam
valuerant
,
decreta
:
Ipsorum
numinum
Religiones
introspexit
libero
ut
quondam
,
quod
firmaret
mutare●ve
,
Tacit.
3.
Annal.
and
Impunities
of
ordaining
Sanctuaries
and
Privileged
Places
encreased
,
saith
my
Author
,
throughout
the
Cities
of
Greece
;
the
Temples
were
filled
with
most
lewd
Bondslaves
;
in
the
same
were
received
Debtors
against
their
Creditors
,
and
Men
guilty
of
Capital
Crimes
were
protected
;
neither
was
there
any
powerful
Authority
able
to
bridle
the
Sedition
of
the
People
:
Villanies
were
protected
no
less
than
the
Ceremonies
of
the
Gods
.
Therefore
it
was
appointed
,
That
the
Cities
should
send
their
Agents
with
their
Laws
.
Some
,
by
way
of
Resignation
of
their
Charters
,
freely
remitted
those
things
they
had
falsely
usurped
;
many
did
confide
in
the
Antiquity
of
their
Superstitions
,
and
their
Deserts
to
the
People
of
Rome
.
The
Pomp
of
that
Day
(
saith
the
Historian
)
was
great
in
shew
:
In
which
the
Senate
(
for
Tiberius
had
left
the
Senate
a
Shadow
of
their
ancient
Estate
,
by
sending
the
Requests
of
the
Provinces
to
be
examined
by
them
)
considered
of
the
Privileges
granted
by
their
Predecessors
,
the
Agreements
with
their
Confederates
,
the
Decrees
of
the
Kings
,
before
the
Countries
became
subject
to
the
Romans
,
and
the
Religion
of
the
Gods
themselves
,
to
confirm
or
alter
all
.
By
which
it
may
appear
,
to
be
no
new
thing
,
for
Sovereigns
to
enquire
into
the
Privileges
of
Cities
,
tho'
claimed
by
Divine
Original
,
as
many
of
those
were
,
from
their
Gods
,
or
by
the
Bounties
of
Princes
.
As
to
Conventicles
,
the
Nurseries
of
Seditions
,
since
the
Laws
are
obvious
by
which
they
may
be
suppressed
,
and
that
in
another
Chapter
I
have
treated
of
them
,
I
shall
take
no
further
notice
of
them
here
;
being
as
unwilling
that
truly
consciencious
mis led
People
(
that
endanger
not
the
Government
)
should
be
severely
punished
,
as
I
heartily
wish
they
would
give
no
Disturbance
to
it
.
CHAP.
XLVI
.
The
Preservatives
against
Faction
and
Sedition
.
THE
general
Amulets
,
Preservatives
,
and
Antidotes
against
the
Poison
and
Infection
of
Faction
and
Sedition
,
are
a
Prince's
innate
Virtue
,
his
Prudence
,
Justice
,
Providence
,
Political
Capacity
,
Wealth
,
Militia
,
Fortunateness
,
Fame
,
and
the
harmony
betwixt
him
and
his
Great
Councils
of
which
,
in
order
.
As
to
a
Prince's
Genuine
Virtues
,
A
Prince's
Vertue
.
they
are
many
,
and
where
they
meet
in
a
Constellation
,
they
out-shine
the
Jewels
of
the
Crown
.
The
Majesty
and
Awfulness
of
these
,
commands
sometimes
where
Armies
cannot
;
they
win
upon
all
.
Nothing
[
](A46988-e175180-b)(a)
(a)
Nihil
virtute
amabilior
,
quam
qui
adeptus
est
,
ubicunque
erit
gentium
a
nobis
diligetur
.
Cicero
l.
1.
de
Natura
Deorum
.
is
more
amiable
,
nothing
more
universally
loved
and
honoured
than
Virtue
:
even
the
same
of
it
when
the
Person
is
unknown
,
gains
an
applause
;
how
much
more
must
it
be
revered
in
a
Crowned
head
.
Laws
do
not
preserve
all
things
(
saith
[
](A46988-e175210-b)(b)
(b)
Stobaeus
,
Serm.
1.
Antisthenes
)
but
the
Rule
of
Virtue
teacheth
every
where
what
is
honest
,
and
unbecoming
.
So
Epictetus
compares
a
Soul
,
throughly
imbued
with
Virtue
,
to
a
Spring
of
Water
,
which
is
always
pure
,
sweet
,
plentiful
,
and
endued
with
no
evil
quality
.
Therefore
[
](A46988-e175250-b)(c)
(c)
Plutarc
.
in
Lacon
.
Charilaeus
being
asked
,
Which
was
the
best
Common-weal
;
answered
,
That
wherein
many
Citizens
strive
who
shall
excel
in
Virtue
without
Sedition
.
As
in
the
Opal
the
colour
of
several
precious
Stones
are
found
,
the
smaller
Fire
of
the
Carbuncle
,
the
shining
Purple
of
the
Amethyst
,
the
green
Sea
of
the
Smaragd
:
so
in
a
truly
Virtuous
Prince
,
all
the
Sunbeams
of
Light
,
Warmth
,
Beauty
,
and
Celestial
Influence
,
for
his
Peoples
cherishing
,
comfort
,
Glory
and
Prosperity
,
are
contained
.
So
the
[
](A46988-e175290-b)(d)
(d)
Intaminatis
fulget
honoribus
;
Nec
sumit
nec
ponit
secures
,
Arbitrio
popularis
aurae
.
Horat.
Carm.
Lib.
5.
Od.
2.
Poet
tells
us
,
That
it
shines
with
unsullied
Honours
,
neither
assuming
,
or
laying
down
the
Ensigns
of
Soveraignty
,
at
the
suffrage
of
the
Populace
,
having
a
firmer
Basis
than
the
Fleeting
Bubbles
of
their
Breath
.
Pliny
[
](A46988-e175330-b)(e)
(e)
Discimus
experimento
sidissimam
esse
custodiam
Prineipis
ipsius
innocentiam
.
Panaegyr
.
tells
Trajan
,
That
we
learn
by
experience
,
That
a
Prince's
own
Innocence
is
his
faithfullest
Guard
.
By
this
word
I
understand
,
not
only
his
gentleness
in
not
oppressing
his
Subjects
,
but
the
whole
complex
of
Virtue
,
whereby
he
is
guilty
of
no
enormous
Vices
,
but
hath
the
Soveraignty
over
his
own
passions
,
as
well
as
over
his
Subjects
.
As
to
a
Prince's
Prudence
,
A
Prince's
Prudence
.
I
have
elsewhere
spoken
at
large
,
and
shall
now
add
upon
so
copious
a
Subject
,
some
gleanings
out
of
good
Authors
.
In
these
things
,
saith
[
](A46988-e175390-b)(f)
(f)
Praeterita
cogita
,
praesentia
ordina
,
futura
provide
.
Senec.
de
Benefic●s
.
Seneca
,
Prudence
is
best
discovered
,
when
by-past
times
are
collated
,
by
observing
the
Annals
,
and
Histories
of
former
Ages
,
by
ordering
present
Affairs
,
according
to
the
best
Reason
,
and
providently
forecasting
future
effects
of
present
Counsels
.
Tanquam
oculus
mentis
undiquaque
lucidissimus
.
So
a
Prince
will
know
how
former
Seditions
have
sprung
,
and
what
hath
been
the
cure
of
them
,
how
parallel
the
present
are
to
by-past
,
and
how
for
the
future
to
provide
,
That
the
Roots
and
Fangs
of
them
be
digged
up
:
for
foregon
[
](A46988-e175430-b)(g)
(g)
Facta
praeterita
,
certa
documenta
dant
futuris
.
deeds
give
certain
instructions
for
the
future
;
former
miscarriages
teach
such
a
Prince
sufficient
caution
.
Other
Virtuous
Qualifications
may
be
common
to
the
Soveraign
,
and
Subject
;
but
Prudence
is
his
peculiar
Province
:
therefore
[
](A46988-e175450-b)(h)
(h)
Stobaeus
de
Prudentia
.
Jamblichus
calleth
this
,
The
very
Prince
of
Virtues
.
So
when
[
](A46988-e175470-b)(i)
(i)
Plut.
in
Lacon
.
Archidamus
was
commended
,
that
he
had
overcome
the
Arcadians
in
Battel
;
he
answered
,
That
it
had
been
much
better
if
he
had
overcome
them
by
Prudence
.
So
Antisthenes
[
](A46988-e175510-b)(k)
(k)
Tutissimum
murum
esse
prudentiam
,
nec
collabitur
,
nec
proditur
.
Machinis
aut
suffossionibus
,
aut
vallorum
proditione
capiuntur
;
prudentis
autem
decreta
sunt
inexpugnabilia
.
Laert.
lib.
6.
c.
1.
saith
,
Prudence
is
the
safest
Wall
;
it
neither
falls
down
,
or
is
betray'd
:
all
Walls
,
Bulwarks
,
or
other
defences
by
Batteries
,
Mines
,
or
Treacheries
,
may
be
taken
;
but
the
determination
of
a
Prudent
Prince
is
inexpugnable
.
The
Counsels
and
Actions
of
a
Prince
,
endowed
with
this
Virtue
,
are
never
like
to
have
the
misfortune
of
those
[
](A46988-e175530-b)(l)
(l)
Vtque
evenit
in
consiliis
infoelicibus
,
optima
viderentur
quorum
tempus
essugerit
.
Tacitus
1.
Hist.
A
Prince's
Justice
.
which
are
never
known
to
be
best
,
till
they
have
passed
the
season
of
being
put
in
execution
.
Justice
in
a
Prince's
Government
,
and
Faith
in
the
Sacred
observance
of
their
Royal
Words
,
are
not
to
be
reckoned
among
the
lesser
Stars
,
but
are
the
two
great
Luminaries
,
without
[
](A46988-e175560-b)(m)
(m)
Remota
Justitia
,
quid
sunt
Regna
,
nisi
magna
latrocinia
?
Aug.
4.
de
Civ
.
Dei
.
which
,
there
would
be
nothing
but
Gloominess
,
Tempests
and
Showres
:
yet
,
though
Justice
be
that
Sun
,
Faith
is
not
to
be
reputed
that
Moon
,
that
is
changeable
as
to
us
,
by
the
interposition
of
the
Earth
,
but
as
it
is
in
it self
always
enlightened
by
the
Sun
.
Faith
is
the
companion
of
Justice
,
and
that
[
](A46988-e175590-b)(n)
(n)
Justitiae
consors
,
tacitumque
in
pectore
Numen
.
Silius
Ital.
secret
Divinity
lodging
in
a
Prince's
Breast
,
which
must
needs
be
reverenced
of
all
:
Acts
of
State
,
and
Power
,
may
alter
according
to
emergencies
;
but
a
Prince
,
that
makes
the
Just
Laws
,
and
his
Promises
the
Standard
of
his
Actions
,
is
surely
possessed
with
that
Divine
[
](A46988-e175610-b)(o)
(o)
Sanctissimum
humani
generis
bonum
.
Senec.
Epist
.
Wisdom
which
every
where
is
reputed
Sacred
:
for
his
Subjects
have
thereby
as
sure
a
foundation
to
rely
upon
,
as
his
Laws
;
for
they
may
be
mis-interpreted
by
corrupt
Judges
,
but
nothing
can
vitiate
,
corrupt
,
or
extinguish
that
vestal
Fire
which
burns
in
the
Breast
of
a
Prince
,
who
is
the
Defender
of
his
Laws
and
his
Faith
.
Therefore
Cato
Censor
tells
us
,
That
the
Romans
placed
Faith
next
to
Jupiter
in
the
Capitol
;
for
that
they
both
are
the
defenders
of
Mankind
,
nothing
so
efficaciously
preserving
Government
in
its
force
,
stability
,
and
titeness
,
as
Justice
and
Faith
.
As
to
a
Prince's
Providence
,
it
is
a
sure
Rampire
;
A
Prince's
Providence
.
for
who
will
rebel
against
him
,
whom
they
judge
to
do
all
things
circumspectly
,
and
with
cunctation
?
The
opinion
conceived
of
such
a
Prince
,
[
](A46988-e175690-b)(p)
(p)
In
animos
hominum
illabitur
admirationis
praetextu
velata
.
Valer.
lib.
2.
c.
1.
slides
into
the
Souls
of
Men
,
shaded
with
admiration
,
and
the
Subjects
soon
fall
from
suspecting
to
admiring
his
Conduct
:
for
such
a
Prince
is
in
his
own
nature
wary
,
and
better
pleased
with
cautelous
[
](A46988-e175710-b)(q)
(q)
Cunctator
natura
,
&
cui
cauta
consilia
cum
ratione
,
quam
foelicia
ex
casu
placent
.
Counsel
with
reason
,
than
happy
ones
by
chance
,
as
the
great
Historian
observes
.
A
Provident
Prince
passeth
vigorously
,
from
the
beginning
of
his
Affairs
,
to
the
end
;
and
disposeth
all
things
with
easy
order
(
having
by
his
forecast
removed
all
difficulties
by
a
fore-plotted
Chart
,
and
fore-ordained
Chain
of
Causes
)
that
certainly
will
produce
their
effect
.
Nothing
[
](A46988-e175730-b)(r)
(r)
Sapientis
nihil
esse
vovum
,
aut
subitum
,
ut
nunquam
dicat
non
putaram
.
Laertius
,
lib.
6.
c.
1.
can
happen
to
him
new
or
sudden
,
or
that
he
is
not
provided
for
;
so
that
he
is
free
from
the
imperfection
of
those
that
being
surprised
,
have
no
excuse
,
but
that
they
had
not
thought
.
Seneca
saith
,
Nothing
living
is
so
morose
as
man
,
none
to
be
treated
with
greater
Arts
:
and
Xenophon
[
](A46988-e175780-b)(s)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Cyropaed
.
lib.
1.
tells
us
,
It
is
easier
to
command
all
Creatures
else
,
than
man
:
Therefore
prudent
and
provident
circumspection
is
more
necessary
for
Princes
,
than
for
all
conditions
of
men
besides
.
This
it
is
that
makes
them
confident
,
and
boldly
to
undertake
any
Action
,
when
the
design
is
plotted
out
before
,
and
all
Circumstances
measured
by
Scale
and
Ballance
.
For
as
Thucydides
[
](A46988-e175820-b)(t)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
1.
observes
,
When
with
a
negligent
confidence
any
matter
is
proposed
,
in
the
performance
it
totters
of
fails
.
Therefore
Herodotus
[
](A46988-e175860-b)(u)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
A
Prince's
Political
Capacity
.
rightly
describes
a
provident
Person
,
That
he
is
upon
that
account
,
the
best
,
if
in
deliberating
he
prolong
time
,
and
be
fearful
of
what
may
happen
;
but
in
Action
be
confident
.
As
to
a
Prince's
Political
Capacity
,
it
is
a
Theme
too
bulky
for
this
Treatise
:
it
consists
of
all
the
Wisdom
,
Forecast
,
Circumspection
,
Adroitness
and
Dexterity
a
Prince
can
use
:
not
only
to
obtain
a
repute
of
Wisdom
,
but
also
to
govern
his
People
in
difficult
times
,
with
such
Art
,
as
they
may
feel
they
are
brought
into
a
state
of
Tranquillity
,
when
they
were
wholly
despairing
of
arriving
at
it
.
Every
ordinary
Pilot
can
steer
the
Ship
in
an
open
Sea
,
and
fresh
Gale
;
it
is
Tempests
,
Quick-sands
,
and
Rocks
that
require
Skill
.
King
James
the
First
called
it
King-craft
.
It
is
indeed
the
Royalest
of
all
Arts
,
and
they
are
the
happiest
Princes
,
who
,
with
a
good
Conscience
,
can
best
use
it
:
All
the
observations
through
this
whole
Treatise
,
are
but
an
illustration
of
this
Political
Skill
;
which
,
though
collected
by
a
weak
Judgment
,
yet
being
the
observations
of
Wise
and
Learned
Men
,
may
I
hope
not
want
their
use
.
In
those
dextrous
Hits
,
his
late
Majesty
of
Glorious
Memory
,
was
very
fortunate
in
the
Transactions
with
some
of
his
Parliaments
,
and
stemming
those
Troubles
,
too
many
endeavoured
to
involve
his
Reign
with
.
In
which
none
doubts
but
his
present
Majesty
,
(
who
was
particeps
Curarum
)
had
a
great
Stroke
:
when
every
Period
in
those
turbulent
times
were
so
ordered
,
that
a
Civil
War
was
prevented
;
so
that
we
now
reap
the
Benefit
of
them
in
enjoying
a
Blessed
Calm
(
which
we
hope
and
pray
for
,
it
may
continue
)
after
so
threatning
a
Storm
.
Another
primary
Prevention
of
Sedition
is
for
a
Prince
to
be
Wealthy
.
A
Prince's
Wealth
.
Riches
[
](A46988-e175940-b)(w)
(w)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Co●icus
Vetus
.
are
not
unelegantly
called
the
Life
and
Blood
of
Mortals
.
when
a
private
Man
is
possessed
of
them
,
we
observe
how
many
he
obligeth
,
what
Respect
is
paid
him
,
how
easily
he
accomplisheth
any
thing
he
undertakes
●
How
much
more
therefore
must
it
be
advantageous
to
a
Prince
,
Obedience
is
not
more
generally
paid
to
Shrines
than
to
rich
Coffers
—
Te
columus
Regina
pecunia
.
Thousands
of
Hands
are
set
on
Work
,
thousands
of
contriving
Heads
consult
the
best
for
the
Prince's
affairs
,
Millions
of
Weapons
are
fitted
for
his
use
who
hath
a
full
Exchequer
:
Fleets
are
equipped
,
[
](A46988-e175970-b)(x)
(x)
Quisquis
h●bet
nummos
secura
navigat
aura
,
Fortunamque
suo
temperat
arbitrio
.
Petronius
.
and
scour
the
Ocean
,
defending
a
Prince's
Territories
,
and
carrying
his
Victorious
Ensigns
into
remotest
Lands
,
when
their
Admiral
is
ballasted
with
Silver
.
When
all
Engins
of
Battery
fail
,
the
strongest
City
may
be
reduced
by
an
Ass
laden
with
Gold
.
The
[
](A46988-e176000-b)(y)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
2.
Polit.
c.
7.
Philosopher
tells
us
,
It
is
not
only
necessary
to
have
Wealth
,
according
to
Phaleus's
Constitution
,
suitable
to
the
Extent
of
the
Command
;
but
also
for
the
Uses
abroad
,
to
defend
the
Country
against
the
next
Neighbours
and
Strangers
.
Above
all
other
means
to
prevent
and
suppress
Sedition
,
The
necessity
of
a
Standing
Force
.
the
keeping
up
a
sufficient
Force
,
is
the
securest
,
and
most
efficacious
means
;
for
thereby
the
Person
,
and
the
Government
of
the
Prince
,
are
surely
defended
.
Therefore
Dio
[
](A46988-e176080-b)(z)
(z)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Li.
42.
Cassius
saith
,
There
are
two
things
that
maintain
,
keep
,
and
encrease
any
Government
,
viz.
Military
Force
and
Riches
.
So
[
](A46988-e176140-b)(a)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polit.
lib.
2.
c.
7.
Aristotle
tells
us
,
That
all
forms
of
Government
are
so
to
be
ordered
,
that
they
may
have
sufficient
Warlike
Force
.
Therefore
the
keeping
in
good
Discipline
a
competent
Force
,
and
having
good
Guards
,
are
most
necessary
for
a
Prince
.
So
that
I
think
it
was
but
a
part
of
Tiberius's
Art
of
Dissimulation
,
when
Togonius
moved
,
That
so
often
as
he
came
into
the
Senate
,
twenty
Senators
armed
,
should
be
appointed
for
his
Guard
;
and
he
made
reply
,
[
](A46988-e176210-b)(b)
(b)
Neque
sibi
vitam
tauti
ut
armis
tegenda
fo●e●
.
6.
Annal.
That
his
Life
was
not
of
that
worth
,
that
it
should
be
sheltered
or
defended
with
Arms.
Sloth
never
preserves
[
](A46988-e176240-b)(c)
(c)
Non
ignavia
magna
Imperia
contineri
,
sed
virorum
armorumque
faciendum
certamen
.
Si
foris
bostem
non
habet
,
domi
inveniet
.
great
Empires
,
but
Arms
,
and
Men
of
Valour
;
for
it
is
a
certain
Rule
,
That
in
all
Countries
,
where
Enemies
are
wanting
abroad
,
Peace
,
Riches
,
and
the
Factions
that
they
produce
,
without
a
Competent
Militia
,
will
endanger
Civil
Wars
at
home
.
Therefore
a
Prince
must
always
keep
subsidiary
Forces
,
to
prevent
such
Mischiefs
;
for
at
one
time
or
other
,
Seditious
Men
will
be
troubling
the
State
,
and
such
times
may
happen
,
[
](A46988-e176250-b)(d)
(d)
Is
habirus
animorum
suit
,
ut
pessimum
facinus
auderent
pauci
,
plures
vellent
,
omnes
paterentur
.
1.
Histor
.
as
Tacitus
describes
in
Otho's
Insurrection
against
Galba
,
That
such
was
the
disposition
of
their
Minds
,
that
some
few
durst
commit
the
greatest
Wickedness
,
more
willed
it
,
and
the
most
,
or
all
,
did
quietly
suffer
it
:
whereas
by
the
readiness
of
standing
Forces
,
the
Prince
may
top
the
Poppy
Heads
,
and
over-power
Insurrections
at
their
first
Peeping
;
and
so
terrify
all
the
rest
,
that
they
may
keep
their
Huts
and
Cabins
.
There
is
more
need
for
a
Prince
to
have
a
well
disciplined
,
competent
Force
,
for
that
new
raised
Men
are
not
to
be
relied
upon
.
Besides
[
](A46988-e176310-b)(e)
(e)
Tumultuari●e
.
Belgarum
Cobortes
,
Paganorum
lixarumque
ignava
sed
procax
ante
periculum
manus
.
Subito
delectu
supplet●
Legiones
augebantur
.
4.
Hist
.
many
other
Proofs
of
this
,
we
may
find
one
memorable
instance
in
Tacitus
,
who
tells
us
,
That
Herennius
having
in
his
Camp
,
certain
tumultuary
cohorts
of
the
Belgians
,
and
a
great
number
of
Peasants
,
and
followers
of
the
Camp
,
(
brave
Men
,
saith
he
,
before
the
danger
appears
,
but
in
danger
pitiful
Cowards
)
as
soon
as
Julius
Civilis's
Army
could
advance
,
they
were
soon
defeated
:
and
he
ascribes
the
cause
of
it
to
the
hasty
choice
of
Men
to
supply
the
Legions
.
Such
new
[
](A46988-e176380-b)(f)
(f)
Ignavissimus
quisque
&
in
periculo
minimum
ausurus
,
nimii
verbis
,
linguae
feroces
.
Id.
1.
Histor
.
Men
make
a
glittering
show
at
a
Muster
,
and
will
brag
more
than
any
,
of
their
Courage
;
but
they
will
sooner
unsheath
their
Tongues
than
their
Swords
:
the
Slothfullest
,
and
those
that
dare
do
least
with
their
Hands
,
being
forwardest
to
boast
of
their
Exploits
.
[
](A46988-e176410-b)(g)
(g)
Pro
Muraena
.
Cicero
comparing
the
Soldiery
,
and
the
Gownmen
,
gives
Preference
to
the
Military
Sagum
.
For
he
saith
,
All
the
Lawyers
Study
,
Industry
,
and
Commendation
of
Pleading
,
is
owing
to
the
safe-guard
of
Warlike
Vertue
;
the
one
consults
for
,
and
defends
his
Client
;
the
other
is
exercised
in
the
defence
of
the
City
,
and
propagating
the
Limits
of
the
Empire
:
and
the
arts
of
the
long
Robe
are
silenced
upon
the
very
suspicion
of
Tumults
.
Vegetius
[
](A46988-e176460-b)(h)
(h)
Nihil
neque
sirmius
,
neque
felicius
,
neque
laudabilius
est
Republica
in
qua
abundant
milites
.
Plurimum
enim
terroris
armorum
splendor
importat
.
2.
de
Re
Milit
.
tells
us
,
That
nothing
is
more
firm
,
more
happy
,
or
more
commendable
,
than
that
Commonwealth
which
abounds
with
Soldiers
;
the
brightness
of
their
Arms
,
striking
Terror
into
their
Enemies
:
whereas
their
rustiness
tempts
them
to
be
assaulted
,
as
being
unprepared
,
and
unprovided
.
A
standing
Force
(
proportionable
to
the
occasion
,
and
no
greater
)
is
as
a
Nursery
to
educate
the
growing
Youth
in
Feats
of
Arms
,
to
inure
them
to
Labour
,
Watchfullness
,
Discipline
and
Courage
;
for
few
Princes
live
their
whole
time
,
without
some
occasion
of
War
,
either
at
home
,
or
abroad
.
In
this
Kingdom
the
standing
Force
is
not
so
great
,
as
to
be
oppressive
,
or
formidable
to
the
People
,
and
the
Militia
,
being
a
Portion
of
the
People
themselves
,
armed
by
the
King's
Authority
,
can
never
be
repined
at
,
by
such
as
are
Lovers
of
their
King
and
Countries
Safety
.
To
have
them
kept
in
good
Discipline
,
by
training
twice
a
Year
,
more
earefully
and
industriously
,
would
be
for
the
safety
and
ornament
of
the
Government
.
Only
it
is
requisite
that
great
Care
be
taken
,
that
the
Soldiery
be
not
only
skillfully
trained
,
but
be
exquisitely
[
](A46988-e176510-b)(i)
(i)
St.
Alban
's
Essays
.
obedient
to
their
Prince
,
and
the
Officers
be
well
assur'd
,
and
of
good
repute
,
not
in
the
least
inclinable
to
Faction
,
and
Sedition
,
holding
also
good
Correspondence
with
other
great
Men
in
the
State
;
for
the
most
excellent
Historian
saith
,
The
[
](A46988-e176530-b)(k)
(k)
Fluxa
militum
sides
&
periculum
a
singulis
.
Faith
of
Soldiers
is
unstable
,
and
there
wants
not
danger
from
them
single
,
much
more
if
they
should
make
any
formidable
Conjunction
.
There
are
infinite
Examples
how
the
standing
Armies
have
altered
the
Government
,
as
in
the
Roman
Empire
was
most
usual
,
the
Armies
setting
up
one
or
other
,
mostly
after
Nero's
death
;
so
that
we
find
scarce
a
Succession
of
three
in
many
Ages
.
As
to
a
Prince's
fortunateness
,
A
Prince's
Fortunateness
.
it
is
an
happy
thing
,
and
much
for
his
Security
,
that
his
Subjects
have
an
Opinion
of
it
,
or
,
as
we
ought
to
speak
,
that
he
is
the
care
of
Heaven
,
and
that
Divine
Providence
is
his
Tutelar
.
Therefore
the
great
Orator
[
](A46988-e176590-b)(l)
(l)
Ad
amplitudinem
&
gloriam
&
ad
res
magnas
gerendas
divinitus
adjuncta
fortuna
—
dormientibus
dii
omnia
consiciunt
,
&
in
sinum
iis
de
coelo
victoria
devolat
.
Pro
Leg.
Manl.
Sed
●e
—
Nos
facimus
fortuna
deam
,
coeloque
locamus
.
saith
,
That
to
greatness
and
Glory
,
and
the
atchieving
great
things
,
Fortune
divinely
sent
,
is
to
be
joined
;
that
even
to
them
sleeping
and
waking
,
the
Deity
is
Beneficial
,
and
Victory
from
Heaven
descends
into
their
Lap.
[
](A46988-e176620-b)(m)
(m)
Plut.
de
Fortuna
Rom.
Ancus
Martius
first
built
a
Temple
to
Fortune
,
in
a
mans
habit
,
and
Tullus
the
King
ascribed
all
his
actions
to
the
guidance
of
Fortune
.
So
Pliny
[
](A46988-e176660-b)(n)
(n)
Lib.
36.
c.
5.
tells
us
,
The
Image
of
good
Fortune
,
made
by
Praxitiles
,
was
kept
in
the
Capitol
.
By
all
which
we
may
note
,
how
advantagious
they
thought
good
luck
or
fortune
to
be
for
the
preservation
of
the
Government
;
and
lest
it
should
forsake
them
(
according
to
the
opinion
of
that
Age
,
that
the
Deities
lodged
in
the
Statues
,
as
the
Souls
in
the
Bodies
)
they
chained
the
Image
,
that
it
might
not
remove
from
them
.
That
is
only
reputed
good
Fortune
among
the
common
sort
,
when
Princes
[
](A46988-e176710-b)(o)
(o)
Prosperis
tuis
rebus
certaturi
ad
obsequium
;
Fortunam
advers●m
omnes
ex
aequo
detrect
abunt
.
Tacit.
2.
Histor
.
Lib.
1.
Od.
35.
affairs
succeed
well
and
according
to
their
wishes
;
and
when
they
are
so
,
all
strive
to
show
obedience
:
and
when
adverse
fortune
or
evil
things
happen
,
all
do
semblably
withdraw
their
Service
from
their
Prince
.
It
is
of
this
,
Horace
so
elegantly
writes
,
under
the
name
of
Fortune
:
Te
Dacus
asper
,
●e
profugi
Scythae
,
Urbesque
&
gentes
,
&
Latium
ferox
Regumque
matres
Barbarorum
,
&
Purpurei
metuunt
Tyranni
.
To
this
fortunateness
,
as
near
akin
,
Of
a
Prince's
Fame
.
I
subjoyn
the
fame
and
good
reputation
of
a
Prince
;
It
fans
away
the
Pestilential
air
of
Factions
and
Seditions
;
keeps
young
even
the
old
age
of
Princes
.
So
Tacitus
[
](A46988-e176850-b)(p)
(p)
Magis
sama
quam
vi
stare
res
suas
.
6.
Annal.
saith
of
Tiberius
when
he
grew
old
,
and
was
retired
to
Capraea
,
to
indulge
himself
,
and
had
contracted
much
hatred
,
His
affairs
rather
subsisted
by
fame
than
other
force
;
which
,
if
it
were
true
of
such
a
Prince
,
how
much
more
may
it
be
advantagious
to
one
that
hath
acquired
a
good
fame
upon
the
constant
practices
of
laudable
and
Princely
Actions
?
Therefore
the
same
great
[
](A46988-e176900-b)(q)
(q)
Caeteris
mortalium
in
eo
stare
consilia
quid
sibi
conducere
arbitrentur
:
Principum
diversam
esse
sortem
,
quibus
,
praecipu●
rerum
ad
famam
dirigenda
.
4.
Annal.
Historian
saith
,
That
the
Counsels
of
other
Mortals
consists
,
in
doing
what
they
may
judge
conducible
to
their
private
Affairs
;
but
the
lot
of
Princes
is
different
:
for
they
must
direct
their
principal
actions
to
attain
fame
,
which
must
necessarily
be
that
which
is
commendable
and
of
value
.
Yet
there
lies
some
difficulty
in
the
make
of
the
speaking
Trumpet
of
a
Prince's
fame
;
for
sometimes
it
must
be
fitted
to
vulgar
conception
;
for
they
mostly
misinterpret
it
,
as
[
](A46988-e176930-b)(r)
(r)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Lib.
3.
Thucydides
well
notes
,
That
modesty
with
them
,
carries
a
shew
of
Idleness
or
Cowardise
,
the
circumspect
and
provident
is
reputed
slothful
,
and
whatever
is
suddainly
undertaken
and
hasty
,
is
counted
vigorous
and
manly
.
Therefore
a
Prince
that
expects
a
good
fame
and
report
,
must
sometimes
anticipate
expectation
in
his
proceedings
,
and
by
surprise
gain
a
repute
of
great
sagacity
,
and
in
some
seasons
and
actions
accommodate
himself
to
the
inclinations
of
his
People
,
and
gratifie
them
in
their
desires
.
So
Queen
Elizabeth
got
more
money
by
remitting
one
Subsidy
(
thereby
gaining
the
opinion
that
she
would
exact
no
more
than
was
absolutely
necessary
)
than
many
Princes
have
got
by
downright
representing
the
necessities
of
Supplies
.
Lastly
,
One
of
the
greatest
preservatives
against
Faction
and
Sedition
,
is
when
there
is
a
blessed
Harmony
betwixt
the
Prince
and
his
great
Councils
;
which
when
it
happeneth
otherwise
,
requires
great
prudence
in
both
:
On
the
Prince's
part
,
so
to
propose
his
demands
,
as
the
Equity
,
Convenience
and
Justice
of
them
may
be
understood
;
and
when
he
finds
they
are
unrelished
,
and
heats
are
like
to
arise
,
either
to
bring
some
new
matter
upon
the
Stage
,
that
the
former
proposal
may
insensibly
be
forgot
;
or
by
some
whiles
intermission
of
such
great
Councils
,
give
respit
to
his
own
and
their
second
thoughts
:
and
on
the
great
Convention's
part
,
to
entertain
a
reverend
opinion
of
their
Prince's
Judgment
,
and
with
real
assurances
of
their
Loyalty
,
humbly
and
dutifully
offer
their
grave
Counsels
without
exasperation
;
so
that
the
Prince
may
demonstratively
know
,
that
they
have
no
other
ends
in
the
non-compliance
,
but
the
common
good
of
Prince
and
People
.
CHAP.
XLVII
.
Of
Conspiracies
and
Treasons
.
I
Have
hitherto
treated
of
Faction
and
Sedition
,
both
as
they
tend
to
the
disquiet
of
the
Government
in
general
,
and
as
they
may
influence
the
Court
only
,
or
particular
persons
,
and
so
we
may
consider
them
marshalled
and
distinguished
,
Faction
to
be
the
siding
of
Parties
,
Sedition
the
drawing
them
into
Tumults
;
and
now
I
come
to
Conspiracies
and
Treason
,
or
Rebellion
,
as
Overt-Acts
.
The
first
two
are
the
Root
and
Plant
,
the
latter
the
prickly
heads
,
and
Seeds
of
those
Thistles
.
Conspiracy
differs
from
Rebellion
,
because
the
one
may
be
managed
by
a
few
,
and
primarily
aims
at
the
Assassinating
the
Prince
,
and
secondarily
at
the
overthrow
of
the
Government
;
whereas
the
other
armes
Multitudes
against
him
in
hopes
to
worst
him
in
open
Battle
.
Uncovered
Hostilities
,
saith
[
](A46988-e177050-b)(a)
(a)
A●ma
aperta
palam
vites
;
fraus
,
&
dolus
occulta
,
eaque
in●vitabilia
.
2.
Hist
.
Tacitus
,
may
be
openly
avoided
,
but
Deceit
and
Treachery
are
hidden
,
shrouded
Armes
,
and
by
so
much
the
more
inevitable
.
It
is
not
so
difficult
for
a
strong
well
prepared
man
to
master
his
open
Adversary
,
as
it
is
for
a
valiant
and
vigilant
man
to
avoid
hidden
dangers
:
The
Snake
may
lye
in
the
Grass
he
treads
on
,
the
Scorpion
may
sting
him
to
death
in
his
Bed
;
a
Felton
or
Raviliack
lodge
a
Knife
in
his
Bosom
,
when
he
[
](A46988-e177100-b)(b)
(b)
Multa
pericula
neque
evitare
,
neque
〈◊〉
in
promptu
est
.
Sallust
.
ad
Caesarem
.
neither
suspects
,
nor
fears
,
or
can
avoid
it
;
of
which
,
the
great
Caesar
is
a
most
eminent
Example
.
The
condition
of
Princes
,
that
have
Seditious
Subjects
,
is
the
more
hazardous
,
when
guarded
,
as
they
think
,
by
their
own
Innocence
,
they
are
too
confident
of
their
own
Safety
.
When
as
[
](A46988-e177140-b)(c)
(c)
Quibu●
de
conju●●tione
comperta
non
creditur
,
nisi
occisis
.
Lib.
40.
Livy
saith
,
the
Conspiracy
in
part
detected
,
is
not
believ'd
till
perpetrated
.
A
single
Arm
,
or
a
few
Br●t●
,
who
value
not
their
own
lives
(
as
Seneca
[
](A46988-e177180-b)(d)
(d)
Contempsit
omnes
ille
,
qui
mortem
prius
.
Octav.
elegantly
)
may
be
Lord
,
or
Butcher
of
anothers
.
The
danger
is
so
much
the
greater
when
the
Conspirators
are
many
,
provided
they
be
equally
resolute
.
Quisquis
vitam
suam
contempsit
,
tui
dominus
.
Epist.
4.
They
have
many
[
](A46988-e177230-b)(e)
(e)
Multae
illis
manus
,
tibi
una
cervix
.
Hands
,
and
the
Prince
but
one
Life
to
lose
;
even
in
the
Life-guard
,
and
among
the
Halbardiers
Conspirators
may
be
listed
,
if
the
Officers
be
not
most
circumspect
to
know
the
Inclinations
and
Tempers
,
as
well
as
Faces
of
the
Souldiers
.
The
Life
of
the
Prince
is
so
valuable
a
Blessing
,
that
no
care
,
foresight
,
and
circumspection
,
can
be
too
much
to
preserve
it
;
for
by
such
a
death
,
[
](A46988-e177250-b)(f)
(f)
Magni
fortunam
populi
in
ruinas
agat
.
the
happiest
fortune
of
a
great
People
may
be
brought
into
instant
ruine
.
Against
these
kind
of
Conspirators
,
the
Clemency
,
Heroick
Virtue
,
obligingest
Temper
or
Piety
of
a
Prince
are
scarce
sufficient
Mail.
Therefore
when
such
have
Factious
and
Seditious
Subjects
,
it
ought
to
be
their
special
care
,
and
of
all
their
Ministers
of
State
,
and
all
their
Subjects
,
to
double
and
treble
their
diligence
,
and
use
all
their
probablest
means
,
to
prevent
,
and
foreslow
it
;
and
generally
such
rational
[
](A46988-e177270-b)(g)
(g)
Omnia
summa
ratione
gest●●etiam
fortuna
sequitur
.
diligent
caution
will
have
a
prosperous
event
.
It
may
be
useful
to
Princes
to
conceal
the
first
Intelligence
of
Conspiracies
,
till
more
fully
discovered
;
according
to
that
of
[
](A46988-e177290-b)(h)
(h)
Solum
sape
insidiarum
remedium
esse
,
si
non
intelligantur
.
1.
Annal.
Tacitus
,
That
the
only
remedy
against
Treachery
,
often
is
,
That
they
are
not
understood
:
by
which
,
I
suppose
,
he
means
not
only
pure
ignorance
of
them
,
but
that
they
mis-ken
,
and
conceal
their
knowledge
of
them
.
Yet
in
the
interim
,
it
is
requisite
to
have
trusty
Spies
,
securely
mingled
in
all
suspicious
Companies
,
that
as
the
[
](A46988-e177320-b)(i)
(i)
Conari
ne
te
lateat
quid
quisque
subditorum
f●cit
.
5.
Polit.
c.
11.
Philosopher
saith
,
It
be
not
concealed
from
them
,
whatever
his
Subjects
(
especially
the
Malecontents
)
say
or
do
.
This
Cromwell
made
one
of
his
Master-pieces
,
Fas
est
ab
hoste
doceri
.
and
by
it
prevented
many
generous
designs
against
his
Person
and
Usurpation
.
Salust
observes
,
That
of
all
mischiefs
to
a
Commonwealth
,
that
of
Conspiracy
is
the
worst
;
therefore
such
[
](A46988-e177380-b)(k)
(k)
Impia
proditio
celeri
poena
vindicanda
est
.
Valer.
Lib.
3.
c.
6.
impious
and
barbarous
Treacheries
are
to
be
punished
with
a
swift
Hand
,
and
Unrelenting
Heart
;
as
also
with
the
severest
tortures
:
Insidiatori
,
&
latroni
,
quae
potest
inferri
injusta
nex
?
for
as
the
Orator
saith
,
No
kind
of
death
can
be
unjust
to
a
Traytor
,
and
a
Thief
.
However
in
the
first
place
,
it
is
convenient
,
not
only
that
the
Prince
be
secured
,
but
that
all
the
suspected
be
in
arcta
&
salva
custodia
,
in
close
and
safe
custody
,
before
a
Prince
proceeds
to
Regular
Justice
,
according
to
that
of
the
excellent
[
](A46988-e177430-b)(l)
(l)
Securitati
consules
antequam
vindictae
.
12.
Annal.
Tacitus
,
To
consult
Security
before
Revenge
.
In
detecting
Conspirators
,
and
exposing
them
to
the
hatred
of
the
People
,
great
future
security
comes
to
a
Prince
;
therefore
strict
examination
,
bolting
out
the
Truth
,
undeniable
Testimony
,
and
a
fair
open
Tryal
,
render
the
Conspirators
more
odious
,
and
the
Prince's
Justice
more
conspicuous
,
as
well
as
his
future
security
more
permanent
.
Otherwise
a
Prince
may
b●●alumniated
[
](A46988-e177470-b)(m)
(m)
Crebro
vulgi
rumore
laceraberis
,
tanquam
viros
intontes
,
ob
invidiam
aut
metum
,
extinxeris
.
15.
Annal.
That
he
destroyed
the
innocent
for
envy
or
fear
.
However
it
may
be
rationally
presumed
,
that
whoever
clandestinely
whispers
such
things
against
a
Prince
,
may
either
be
reputed
a
confederate
,
or
wisher
of
success
to
such
a
Conspiracy
.
It
is
to
be
considered
,
that
it
is
natural
to
the
Common
People
,
to
have
a
Commiseration
of
those
when
they
suffer
,
whom
they
have
pursued
with
the
direst
imprecations
to
the
Scaffold
.
It
is
the
custom
of
the
vulgar
,
changeable
on
sudden
occasions
,
to
be
as
prone
to
pity
as
they
were
immeasurable
in
Cruelty
,
as
the
excellent
[
](A46988-e177500-b)(n)
(n)
Est
mos
vulgo
mutabili
,
subita
,
&
tam
prono
in
misericordiam
quam
immodicum
saevitia
fuerit●
1.
Hist
.
Historian
observes
in
Cossus's
appeasing
the
Souldiers
,
who
were
enraged
against
the
Helvetians
.
It
were
indeed
much
better
(
if
the
safety
of
the
Government
would
suffer
it
)
to
heal
the
vitious
[
](A46988-e177550-b)(o)
(o)
Melius
sanare
vitiosas
partes
,
quam
exsecare
.
2.
ad
Attic.
Ep.
5.
parts
,
rather
than
cut
them
off
;
but
it
's
a
most
certain
Rule
of
the
same
[
](A46988-e177570-b)(p)
(p)
Omnis
animadversio
,
non
ad
ejus
qui
punit
aliquem
,
sed
ad
Reipublicae
utilitatem
referenda
.
2.
de
Offic.
Orator
,
That
the
sentencing
of
Criminals
,
should
not
relate
to
him
that
punisheth
,
but
to
the
profit
of
the
Commonweal
;
that
is
,
not
to
be
so
ordered
,
as
the
Prince
should
be
judged
to
consult
only
his
own
Revenge
or
safety
,
but
the
Peace
,
Tranquillity
,
and
Prosperity
of
his
People
.
Therefore
the
excellent
[
](A46988-e177600-b)(q)
(q)
Non
tam
ut
ipsi
percant
,
quam
ut
alios
a
pereundo
deterreant
.
1.
de
Ira.
Seneca
saith
,
It
becomes
not
Princes
to
chastise
only
,
that
the
guilty
may
perish
,
but
that
others
may
be
affrighted
from
perishing
.
For
it
is
a
ferina
rabies
,
saith
he
,
to
rejoice
in
Blood
and
Wounds
.
Hence
all
good
Princes
unwillingly
,
and
with
great
torment
to
themselves
,
inflict
Capital
Punishments
;
nor
is
execution
in
most
cases
performed
while
the
Prince's
Wrath
,
and
Rage
,
(
how
just
soever
)
is
upon
him
;
because
that
Mediocrity
then
cannot
be
observed
,
which
ought
to
be
,
betwixt
much
and
little
;
therefore
all
Punishments
are
most
kindly
that
are
more
patrio
,
lest
that
Sarcasm
of
[
](A46988-e177650-b)(r)
(r)
Qui
puniendi
causam
habent
,
modum
non
habent
.
2.
de
Clem.
Seneca
be
verified
,
Though
the
cause
of
punishment
be
great
,
yet
a
Mean
or
Measure
is
not
observed
.
So
Tacitus
instructs
us
,
That
though
it
be
against
the
guilty
,
and
such
as
deserve
to
be
extream
examples
;
yet
a
Prince
should
have
mercy
,
not
so
much
for
the
profit
of
the
Republick
,
but
that
multitudes
should
not
be
consumed
,
for
the
cruelty
of
one
,
as
the
People
in
an
overglutting
revenge
will
be
apt
to
censure
.
Therefore
caution
should
be
used
,
that
the
punishment
be
not
overspreading
,
as
to
Heads
of
many
Families
,
lest
if
they
be
illustrious
,
and
of
great
Interest
,
the
Prince
attract
more
Enemies
,
and
as
the
Latin
Philosopher
[
](A46988-e177710-b)(s)
(s)
Parentes
liberique
eorum
qui
interfecti
sunt
,
&
prepinqui
,
&
ami●i
in
locum
singulorum
succedunt
.
2.
de
Clementia
.
saith
,
The
Parents
,
Children
,
Kinsmen
,
and
Friends
of
the
slain
succeed
in
their
places
,
to
meditate
revenge
,
if
there
be
any
hopes
of
success
by
it
.
Such
an
Hydra
especially
is
despairing
Rebellion
.
Yea
,
though
in
China
,
Japan
,
and
other
of
the
Eastern
Countries
,
whole
Families
are
commonly
extirpated
for
the
crime
of
one
,
yet
no
Civilised
Nations
imitate
it
,
no
not
when
Rebellion
proves
most
formidable
.
If
an
illustrious
Person
be
in
Conspiracy
,
to
whom
a
Prince
and
his
Subjects
have
been
oblig'd
(
if
it
may
safely
be
done
)
the
punishment
may
be
[
](A46988-e177760-b)(t)
(t)
Poenam
,
si
tuto
poteris
,
donabis
;
sin
m●nus
,
temp.
rabis
.
〈…〉
Clem.
attempered
,
if
the
Crime
cannot
be
pardoned
.
So
Livia
told
Augustus
,
That
the
Criminal
being
secured
,
cannot
hurt
,
but
in
his
Pardon
the
Prince
might
augment
his
Fame
:
as
King
James
the
First
did
to
the
Lord
Colha●
,
and
his
Companions
,
when
he
concealed
the
discovery
of
their
Pardon
,
till
the
Prisoners
were
upon
the
Scaffold
,
and
expected
nothing
but
the
last
stroke
of
the
terrible
Axe
.
As
Physicians
in
Blood-letting
and
purging
(
if
in
so
great
a
Theme
so
low
an
example
may
be
used
)
with
the
bad
humours
,
must
necessarily
evacuate
some
of
the
good
:
So
in
Conspiracies
and
Rebellions
,
some
may
not
be
so
maliciously
inclined
in
their
own
natures
,
but
by
their
popular
[
](A46988-e177830-b)(u)
(u)
Facile
studia
vulgi
ad
se
trabunt
,
vel
inviti
.
temper
,
or
easiness
to
be
seduced
,
be
caressed
to
be
partakers
in
some
pretended
reformations
,
the
black
Arts
and
Designs
being
hid
from
them
,
and
so
be
made
properties
.
If
therefore
the
Prince
can
be
secured
,
that
either
,
in
their
own
natures
,
they
are
not
prone
to
Rebellion
,
or
while
they
are
alive
,
they
can
never
expect
to
head
parties
again
;
Banishment
may
be
sufficient
punishment
for
them
.
So
when
,
in
Nero's
[
](A46988-e177860-b)(w)
(w)
Vt
consuleret
sibi
,
&
turbis
,
seque
prave
defam●tibus
subtraberet
.
Esse
illi
per
Asiam
agros
,
in
quibus
&
tuta
&
inturbida
juventa
frueretur
.
Tacit.
14.
Annal.
time
,
upon
the
appearing
of
a
Comet
,
it
was
bruited
that
it
portended
the
change
of
a
King
,
and
R●belli●us
Plautus
was
celebrated
as
the
Person
:
Nero
writ
Letters
to
Plautus
,
That
he
should
consult
his
own
good
,
and
withdraw
himself
from
the
Rabbles
defaming
of
him
to
his
prejudice
;
and
having
Possessions
in
Asia
,
he
might
enjoy
his
blooming
Years
,
undisturbed
,
and
in
safety
.
Which
was
most
humanly
done
,
for
by
that
he
spared
Plautus
,
and
yet
provided
for
the
quiet
of
the
Commonwealth
.
But
as
the
merciful
temper
of
a
Prince
in
some
cases
is
most
Christian
and
Prudent
;
so
in
others
,
too
much
Clemency
may
encourage
Sedition
;
and
consequently
Treason
.
For
as
the
Orator
[
](A46988-e177940-b)(x)
(x)
Maxima
illecebra
peccandi
impunitatis
spes
.
Pro
Milone
.
saith
,
The
hopes
of
escaping
punishment
is
the
greatest
allurement
to
do
evil
,
a
wicked
Subject
fearing
that
Prince
[
](A46988-e177960-b)(y)
(y)
Apud
quem
conditum
,
imo
constrictum
est
ferrum
.
Seneca
.
little
,
who
wears
a
Padlock
on
his
Sword
.
There
are
few
that
eschew
evil
for
the
Turpitude
of
it
,
but
for
the
fear
of
punishment
:
therefore
in
such
dangerous
matters
as
Conspiracies
,
and
Rebellion
,
the
edge
of
the
Prince's
Sword
is
always
to
be
sharp
:
and
the
Council
of
Tiberius
[
](A46988-e178000-b)(z)
(z)
Corruptus
simul
,
&
corruptor
,
aeger
&
flagrans
animus
,
haud
lenioribus
remediis
restinguendus
est
,
quam
libidinibus
ardescit
.
3.
Annal.
in
his
Epistle
to
the
Senate
is
to
be
followed
,
That
the
corrupt
,
and
the
corruptor
,
the
sick
and
burning
Soul
,
is
scarce
to
be
quenched
with
milder
remedies
,
than
such
as
bear
proportion
to
the
lusts
it
burns
with
,
of
what
kind
soever
it
be
.
The
punishment
of
a
few
wicked
Persons
restrains
the
malevolent
effects
of
many
,
as
Cicero
[
](A46988-e178040-b)(a)
(a)
Vnius
improbi
supplicio
,
muliorum
improbitates
coercere
.
3.
in
Verrem
.
notes
:
Nor
,
saith
[
](A46988-e178060-b)(b)
(b)
Neque
aliud
gliscentis
discordiae
remedium
,
quam
si
unus
alterve
,
maxime
prompti
,
subverterentur
.
Tacit.
4.
Annal.
Tacitus
,
is
there
any
other
remedy
of
glowing
Discord
,
than
that
one
or
other
of
the
most
forward
be
orewhelmed
,
and
examplary
Justice
be
executed
upon
them
.
Though
the
Gangreen
begin
but
in
in
a
Toe
or
Finger
;
yet
it
may
require
Amputation
,
lest
a
Leg
or
an
Arm
be
in
danger
:
so
the
skillful
Gardiner
prunes
his
cankered
Branches
more
speedily
than
the
luxuriant
.
By
punishing
the
Advisers
,
Fomenters
,
and
Actors
of
horrid
things
(
as
purging
Sacrifice
[
](A46988-e178100-b)(c)
(c)
Rerum
atro●ium
ministros
,
veluti
placulares
publici
odii
.
of
publick
Hatred
)
atonement
is
made
to
publick
Justice
,
and
the
less
crimmal
have
the
greater
Obligations
to
dutiful
Repentance
;
for
the
Punishment
of
such
Ring-leaders
and
Coryphaei
,
is
not
so
much
the
revenge
of
the
Prince
as
of
the
Commonwealth
.
Otherwise
the
Prince
by
[
](A46988-e178120-b)(d)
(d)
Ne
sanguinem
nostram
largeas
,
dum
P●aucis
sceleratis
parcis
,
bonos
omnes
proditum
eas
.
Sallust
.
in
Catilinam
.
sparing
a
few
Wretches
,
will
be
Prodigal
of
his
better
Subjects
Blood
,
which
those
Criminals
would
,
as
soon
as
they
had
obtained
Power
,
more
profusely
shed
.
Therefore
it
becomes
all
good
Subjects
to
bestir
themselves
for
the
safety
of
the
Prince
,
to
hasten
,
saith
[
](A46988-e178150-b)(e)
(e)
Tanquam
ad
clarum
&
beneficum
sidus
certatim
advolare
,
objicere
pro
illo
mucronibus
insidiatorum
p●ratiss●mi
.
De
Clem.
lib.
1.
c.
3.
Seneca
,
to
his
Standard
,
esteeming
him
as
a
luminous
and
beneficial
Constellation
,
and
most
ready
for
his
safety
,
to
expose
themselves
betwixt
the
Traytors
unsheathed
Swords
,
and
his
Royal
Person
.
I
cannot
more
emphatically
express
the
clemency
of
our
Princes
,
and
their
Laws
against
Treason
,
or
better
discover
the
Limits
and
Bounds
of
Punishments
,
and
the
desire
that
our
Princes
have
had
,
That
none
should
fall
under
the
guilt
of
Treason
,
than
by
reciting
the
Preambles
to
the
Statutes
,
made
in
King
Edward
the
Sixth's
,
and
Queen
Marys
time
,
concerning
Treasons
.
The
words
of
the
Statute
of
King
Edward
[
](A46988-e178230-b)(f)
(f)
10
Ed.
6.
c.
12.
the
Sixth
,
are
,
Nothing
being
more
Godly
,
more
sure
,
move
to
be
wished
and
desired
,
betwixt
a
Prince
,
the
Supream
Head
and
Ruler
;
and
the
Subjects
whose
Governour
and
Head
he
is
,
than
on
the
Prince's
Part
great
Clemency
and
Indulgence
,
and
rather
too
much
forgiveness
,
and
remissness
of
his
Royal
Power
,
and
just
Punishment
,
than
exact
Severity
and
Justice
to
be
showed
:
and
on
the
Subjects
part
,
That
they
should
obey
rather
for
love
,
than
for
fear
of
his
strait
and
severe
Laws
:
yet
such
Events
sometimes
happen
in
the
Commonwealth
,
that
it
is
necessary
and
expedient
,
for
the
repressing
of
the
Insolence
and
unruliness
of
Men
,
and
foreseeing
,
and
providing
Remedies
against
Rebellion
,
Insurrection
,
or
such
mischiefs
,
that
sharper
Laws
,
and
an
harder
Bridle
should
be
made
,
to
stay
those
Men
,
that
might
else
be
occasion
,
cause
,
and
Authors
of
farther
Inconvenience
.
That
as
in
Tempest
,
or
Winter
,
a
coarse
Garment
is
convenient
;
in
calm
or
warm
Weather
,
a
more
liberal
,
race
,
or
lighter
Garment
,
both
may
,
and
ought
to
be
followed
and
used
:
So
that
sometimes
there
have
been
occasion
at
divers
Parliaments
,
to
make
and
enact
certain
Laws
and
Statutes
,
which
might
seem
and
appear
to
Men
of
exteriour
Realms
,
and
the
Subject
,
very
strait
,
sore
,
extream
and
terrible
;
although
they
were
then
,
when
they
were
made
,
not
without
great
Consideration
and
Policy
moved
and
established
,
and
for
the
times
,
to
the
avoidance
of
further
inconvenience
,
very
expedient
and
necessary
;
and
when
Princes
are
more
indulgent
,
it
is
to
provoke
the
Subject
,
with
Clemency
shewed
on
the
Prince's
behalf
,
to
more
love
and
kindness
to
him
,
and
upon
Trust
they
will
not
abuse
the
same
,
but
rather
be
encouraged
thereby
,
more
faithfully
,
and
with
more
diligence
to
serve
him
,
&c.
In
the
Statute
of
Queen
Mary
,
[
](A46988-e178300-b)(g)
(g)
1
Mar.
c.
8.
of
the
repeal
of
certain
Treasons
,
Felonies
,
and
Praemuni●e's
,
wherein
she
reduceth
all
to
25
Ed.
3.
the
words
are
;
Forasmuch
as
the
State
of
every
King
,
Ruler
,
and
Governour
of
every
Realm
,
Dominion
,
or
Commonweal
,
standeth
,
and
consisteth
more
assured
by
the
love
and
favour
of
the
Subject
towards
their
Sovereign
Ruler
and
Governour
,
than
in
Dread
and
Fear
of
Laws
,
made
with
rigorous
Pains
,
and
extream
Punishment
,
for
not
obeying
of
their
Sovereign
Ruler
and
Governour
:
and
Laws
also
justly
made
for
the
Preservation
of
the
Commonweal
,
without
extream
Penalty
,
or
Punishment
,
are
more
often
for
the
most
part
obeyed
and
kept
,
than
Laws
and
Statutes
made
with
great
and
extreme
Punishment
,
&c.
Therefore
some
are
repealed
.
By
these
the
Clemency
of
the
Princes
is
discovered
,
and
the
reason
of
enacting
severe
Laws
in
such
Cases
,
in
Terrorem
,
is
cleared
.
I
must
refer
all
other
Discourses
of
the
Laws
against
Treason
,
to
the
Learned
Books
writ
on
that
Subject
,
and
only
note
what
a
[
](A46988-e178380-b)(h)
(h)
Transcendent
and
multiplied
Rebellion
,
p.
25.
See
Sir
.
Tho.
Wyat's
Speech
,
at
his
Execution
,
in
Hollingshead
,
well
worth
perusing
by
all
concerned
.
grave
Author
saith
,
That
if
we
peruse
all
our
Books
,
Records
,
and
Histories
,
we
shall
find
it
a
Principle
in
Law
,
a
Rule
in
Reason
,
and
truth
in
Experience
,
That
Treason
doth
ever
produce
fatal
and
final
Destruction
to
the
offenders
,
and
never
attains
the
desired
End
,
although
infinite
mischiefs
are
effected
by
it
.
For
Conspirators
and
Traytors
one
way
or
other
have
generally
come
to
condign
Punishment
.
If
what
I
have
hitherto
laid
down
,
work
any
good
Effect
upon
the
Subjects
in
general
,
to
keep
them
in
their
Duty
to
their
Sovereign
,
and
his
Laws
,
or
have
afforded
them
such
Rules
for
Obedience
,
or
dehortments
from
Faction
,
Sedition
,
Conspiracies
,
and
Rebellion
,
as
I
wish
;
I
have
attained
the
end
for
which
I
write
:
which
is
only
to
satisfie
all
sorts
of
Subjects
,
how
excellently
composed
the
Government
is
,
that
our
Kings
cannot
,
or
have
any
Interest
,
to
rule
Arbitrarily
.
Therefore
it
will
be
the
duty
,
advantage
,
and
true
Interest
of
all
Subjects
,
so
to
comport
themselves
to
the
Government
,
as
to
consider
the
excellent
Foundations
upon
which
it
is
built
,
that
neither
by
the
Cunning
of
unquiet
Spirits
,
the
pretenders
of
Reformation
of
abuses
,
the
ambition
of
the
aspirers
,
nor
especially
by
the
plausible
Charms
of
the
Republicans
,
they
be
ever
induced
to
disquiet
the
Government
,
or
rebel
against
it
;
lest
in
conclusion
they
bring
upon
themselves
,
and
Posterity
,
such
a
Slavery
,
as
we
had
too
bloody
an
Example
of
in
the
late
Calamitous
times
:
and
that
above
all
things
,
they
consider
that
excellent
Saying
of
the
best
of
[
](A46988-e178450-b)(i)
(i)
Quippe
in
turb●
&
discordias
pessimo
cuique
plurima
vis
:
pax
&
quies
bonis
Artibus
indigent
.
4.
Hist.
initio
.
Historians
,
That
to
stir
up
Dissentions
,
and
troubles
,
the
worst
Men
commonly
have
the
greatest
Influence
;
but
Peace
and
quietness
are
not
established
,
but
by
Men
of
rare
gifts
,
and
excellent
Vertue
.
FINIS
.
THE
Author
being
at
great
distance
from
the
Press
,
and
sending
up
his
Coppy
by
Parcels
,
which
(
by
reason
of
his
Imployment
in
his
Profession
)
he
was
constrained
sometimes
to
commit
to
the
Care
of
others
;
The
following
Chapter
was
not
sent
up
till
most
of
the
Treatise
was
Printed
.
Therefore
he
chuseth
rather
to
place
it
at
the
end
,
than
to
disturb
the
order
of
the
Pages
,
and
desires
the
Candid
Reader
will
peruse
it
next
immediately
after
the
15th
.
Chapter
,
it
being
designed
to
have
preceded
the
16th
.
Chapter
of
The
King's
Soveraignty
.
CHAP.
(
XVI
.
)
Of
the
Benefit
and
Excellency
of
Hereditary
Monarchy
.
THE
[
](A46988-e178540-b)(a)
(a)
Arist.
Pol.
l.
3.
c.
10.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
The
Advantage
of
Hereditary
Succession
in
Private
Families
.
Aristotle's
Opinion
.
Philosopher
dividing
Kingly
Government
into
four
kinds
,
as
I
have
before
instanced
,
allows
all
to
be
Haereditary
,
except
the
Aesymnaetian
,
which
was
Elective
;
and
since
in
many
places
,
he
affirms
Kingdoms
to
be
more
durable
than
Commonwealths
,
we
may
conclude
that
the
fundamental
cause
of
that
duration
is
the
Lineal
Succession
.
We
experience
in
private
Families
(
where
a
long
Series
of
Ancestors
have
transmitted
Inheritances
to
Posterity
)
how
by
the
settledness
,
and
encrease
of
their
Estates
,
their
alliances
,
and
the
Employments
they
have
had
in
their
respective
Ages
,
they
have
acquired
Honour
,
Renown
,
Interest
and
Stability
;
that
not
only
a
greater
Respect
is
payed
to
them
,
than
to
others
of
a
later
Rise
,
but
they
are
thereby
enabled
,
upon
many
accounts
to
manage
publick
,
or
private
affairs
,
with
more
sure
success
,
and
repute
,
than
those
than
have
not
acquired
such
a
nodosam
Aeternitatem
.
[
](A46988-e178630-b)(b)
(b)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
De
Repub.
l.
3.
c.
11.
Aristotle
makes
that
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
natural
Love
of
Parents
to
their
Children
,
to
be
one
reason
of
the
Succession
of
Sons
to
Fathers
,
in
their
Kingdoms
:
thence
he
makes
it
improbable
,
that
they
who
have
obtained
the
Soveraignty
,
should
not
deliver
it
to
their
Children
,
because
it
would
discover
a
Vertue
beyond
the
ordinary
Elevation
of
humane
Nature
,
to
prefer
the
Benefit
and
good
of
the
People
,
by
leaving
them
the
Liberty
of
chusing
,
upon
every
avoidance
,
the
most
worthy
,
(
if
such
a
Prince's
Son
appeared
not
so
)
rather
than
to
establish
the
Principality
in
their
own
Family
.
[
](A46988-e178700-b)(c)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
p●ly
.
〈◊〉
.
lib.
6.
p.
455.
D.
Edit.
Wickl.
1509.
Several
Reasons
why
Succession
is
to
be
preferr'd
before
Election
.
Polybius
speaking
of
Kings
being
most
eminent
for
Wisdom
,
Polybius
his
Opinion
.
Justice
,
and
Valour
(
whereby
they
drew
the
People
to
reverence
them
,
and
consequently
to
submit
themselves
to
their
Conduct
and
Command
)
saith
,
That
the
Son
(
having
his
education
under
such
a
vertuous
wise
Father
,
whereby
he
had
been
present
with
him
when
affairs
of
the
greatest
Importance
had
been
debated
)
in
common
presumption
was
judged
to
be
better
capacitated
to
govern
,
than
any
of
a
strange
Family
,
and
so
none
would
envy
him
his
dignity
,
but
all
readilier
judged
him
the
fittest
to
succeed
.
And
there
is
good
reason
to
consider
the
cause
of
it
;
for
Government
is
an
Art
not
easily
attained
to
,
and
by
the
unskilfullness
in
the
proper
Rules
and
Maxims
,
the
wrong
Applications
,
the
Ignorance
in
pursuing
the
right
Methods
,
and
chusing
fit
Instruments
,
the
Factious
and
Populace
get
advantages
to
make
unfortunate
times
.
Therefore
those
Monarchs
,
who
from
their
Infancies
are
trained
up
,
and
accustomed
to
Instructions
in
the
Rudiments
of
Government
,
as
they
grow
up
,
must
more
readily
comprehend
them
,
must
attain
the
better
understanding
of
the
great
affairs
,
and
secret
reasons
of
St●●●
,
be
more
quick
,
apprehensive
,
and
sagacious
,
in
perceiving
what
is
conducive
to
the
common
good
,
and
what
not
;
and
so
more
ready
in
all
publick
Dispatches
,
than
such
who
have
not
been
educated
with
all
these
Advantages
.
Besides
,
Governours
at
first
must
be
to
seek
in
understanding
the
nature
of
great
Affairs
;
so
that
one
may
as
well
expect
[
](A46988-e178780-b)(c)
(c)
Dr.
Nalson's
Common
Interest
,
p.
113.
a
Man
taken
from
the
Plough
should
be
able
to
Conn
a
Ship
,
and
carry
her
an
East-India
Voyage
,
as
that
a
Person
(
though
of
the
greatest
natural
and
acquired
Parts
)
should
at
first
be
fit
to
Pilot
the
Government
,
or
skilful
and
dexterous
in
the
steerage
of
the
important
affairs
of
a
publick
State
:
and
(
as
in
Republicks
it
falls
out
)
by
that
time
he
hath
arrived
at
a
competent
Skill
,
he
must
resign
his
Place
and
Power
to
others
,
as
raw
and
unexperienced
as
he
was
.
Whereas
Succession
in
Monarchy
doth
effectually
prevent
this
Inconvenience
,
and
(
which
is
of
great
moment
)
it
gives
them
an
Interest
,
and
desire
of
designing
well
for
the
publick
good
,
safety
,
and
security
of
the
People
,
and
the
opportunity
of
finishing
whatever
is
well
begun
.
For
though
it
have
happened
by
the
Succession
of
a
weak
,
or
vitious
Prince
,
that
damage
and
infelicity
have
befallen
the
People
;
yet
it
is
very
rare
in
History
,
that
two
such
succeed
one
another
.
So
we
find
in
this
Kingdom
,
that
Ed.
1.
and
Ed.
3.
brought
as
great
Honour
and
Renown
to
their
Countries
,
as
their
Fathers
had
Misfortunes
;
and
even
in
such
Princes
Reigns
,
the
Calamities
that
have
befallen
their
Kingdoms
,
have
rather
sprung
from
the
Potency
of
Factions
(
that
took
the
advantage
by
the
weakness
of
the
Prince
,
to
bring
him
to
Contempt
,
that
they
might
obtain
the
managery
of
affairs
)
than
from
other
Causes
.
For
even
under
such
unfortunate
Princes
,
if
it
were
not
for
factious
Disturbances
,
the
Laws
and
good
Order
might
,
during
their
Reigns
,
conserve
their
Kingdoms
in
Peace
.
Whereas
in
Kingdoms
that
are
Elective
,
The
Inconveniences
that
happen
where
Right
Succession
is
not
observed
.
Competitors
and
Candidates
cause
not
only
great
Disturbances
and
Mischiefs
at
the
Instant
(
as
we
have
infinite
Examples
when
the
Roman
Emperors
were
chosen
by
the
Factions
of
the
Senate
or
Army
,
as
also
in
Germany
,
before
the
expedient
of
chusing
a
King
of
the
Romans
,
and
in
the
Miseries
that
have
befallen
Poland
)
but
Aemulations
and
Animosities
have
been
continued
for
Ages
among
the
prime
Nobility
:
and
thence
it
is
that
the
[
](A46988-e178910-b)(d)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Lib.
5.
Polit.
c.
10.
Giphanii
Comment.
Philosopher
so
long
since
hath
ascribed
it
one
of
the
Principal
Causes
of
the
Destruction
of
a
Kingdom
,
when
there
is
Discord
in
the
Royal
Family
,
or
,
as
his
Interpreter
saith
among
the
participes
Regni
,
as
Brethren
and
Kindred
of
the
Royal
Family
,
as
[
](A46988-e178960-b)(e)
(e)
In
vita
Cleomenis
&
Aegidis
.
Plutarch
tells
us
in
the
Kingdom
of
Sparta
,
and
as
Justin
gives
us
an
account
of
the
slaughter
of
Brethren
and
Kinsmen
in
the
Kingdom
of
Syria
,
and
as
it
occasioned
the
Destruction
of
the
flourishing
Kingdom
of
Egypt
,
by
the
Competition
betwixt
Ptolomy
and
Cleopatra
,
and
as
our
Ancestors
sadly
experienced
in
the
Civil
Wars
betwixt
the
Houses
of
York
and
Lanca●●●
,
and
France
in
the
Faction
of
Orleance
and
Burgundy
,
and
of
later
Date
in
the
Kingdom
of
Hungary
,
betwixt
King
John
and
the
Emperor
Ferdinand
.
If
therefore
such
Calamities
befal
Countries
,
where
Factions
ruine
their
Peace
;
how
much
more
shall
we
judge
the
miserable
Confusions
will
be
,
when
any
shall
challenge
a
Power
to
make
a
Breach
in
the
Royal
Chain
of
Succession
,
especially
when
we
find
even
at
Rome
,
upon
the
Election
of
the
Pope
,
by
custom
the
People
plunder
the
Pallace
of
the
Cardinal
who
is
elected
Pope
:
and
since
that
outrage
is
committed
where
such
an
one
is
chosen
,
as
is
owned
by
so
great
a
part
of
Europe
to
be
Christ's
Vicar
,
we
are
not
to
wonder
,
that
at
the
Death
of
the
Ottoman
Heir
,
the
Janizaries
and
Soldiery
rifle
and
plunder
Jews
and
Christians
,
and
cease
not
to
commit
all
manner
of
Outrages
,
till
the
new
Grand
Signior
,
by
his
Presence
,
and
Bounty
,
puts
an
end
to
them
.
Therefore
as
a
grave
[
](A46988-e179190-b)(f)
(f)
Nalson's
Common
Interest
,
p.
118.
Author
observes
,
He
that
hath
not
deposed
Reason
,
the
King
of
his
Soul
,
and
elected
in
its
place
Prejudice
and
Passion
,
to
govern
there
,
or
dare
credit
the
universal
Experience
of
the
World
,
must
be
convinced
of
the
great
,
necessary
,
and
desperate
Inconveniences
of
a
long
Interregnum
,
and
elective
Monarchy
;
and
that
a
lineal
Succession
is
the
best
Barrier
against
assaults
from
abroad
,
and
is
that
sacred
,
perpetual
,
vital
Energy
,
which
preserves
Government
from
internal
Putrifaction
,
and
secures
us
from
one
most
dangerous
Inconvenience
,
of
having
another
Family
to
provide
for
.
Therefore
the
[
](A46988-e179230-b)(g)
(g)
10.
Annal.
Excellent
Historian
most
wisely
observes
,
That
Minoris
est
discriminis
,
Principem
nasci
quam
sumi
;
That
Subjects
,
more
naturally
submit
to
an
undoubted
,
unquestionable
Title
(
when
the
Government
descends
in
the
same
manner
as
other
Inheritances
,
with
due
respect
to
the
singleness
of
Sovereignty
)
than
to
new
Princes
,
the
worth
of
whom
,
and
their
Families
are
untried
.
This
leads
me
to
consider
,
that
this
right
of
Succession
flows
from
the
Law
of
[
](A46988-e179270-b)(h)
(h)
Right
of
Succession
,
p.
149.
Nature
,
is
founded
on
the
Law
of
God
,
and
Nations
.
First
,
That
is
accounted
to
flow
from
the
Law
of
Nature
,
Hereditary
Succession
agreeable
to
the
Law
of
Nature
.
which
every
Man
finds
grafted
in
his
own
Heart
,
and
which
is
obeyed
without
any
other
Law
,
and
for
which
Men
neither
seek
,
nor
can
give
any
other
distinct
reason
:
all
which
holds
in
this
case
.
For
who
doubts
,
when
he
hears
of
an
hereditary
Monarchy
,
but
that
the
next
in
Blood
must
succeed
,
and
for
which
we
need
no
positive
Law
?
nor
does
any
Man
enquire
for
a
further
Reason
,
being
satisfied
therein
,
by
the
Principles
of
his
own
Heart
.
From
this
ground
it
is
,
that
though
a
remoter
Kinsman
did
possess
as
Heir
,
he
could
by
no
length
of
time
,
prescribe
a
valid
right
:
because
no
man
(
as
Lawyers
conclude
)
can
prescribe
a
right
against
the
Law
of
Nature
;
therefore
the
Law
[
](A46988-e179310-b)(i)
(i)
Cum
ratio
naturalis
.
ff.
de
bonis
damnati
.
saith
,
Cum
ratio
naturalis
,
quasi
lex
quaedam
tacita
,
liberis
,
parentum
haereditatem
adjecerit
,
veluti
ad
debitam
successionem
eos
vocando
:
propter
quod
suorum
haeredum
nomen
eis
indultum
est
,
adeo
ut
ne
a
parentibus
quidem
ab
ea
Successione
amoveri
possint
.
So
in
the
[
](A46988-e179330-b)(k)
(k)
Matth.
21.
Parable
,
the
Husbandman
(
who
is
presumed
to
understand
nothing
but
the
Law
of
Nature
)
is
brought
in
,
saying
,
This
is
the
Heir
,
let
us
kill
him
,
and
seize
on
his
Inheritance
.
So
the
[
](A46988-e179360-b)(l)
(l)
Et
Sect.
emancipati
.
Institut.
de
Haered.
quae
ab
Intestato
.
Law
further
saith
,
Praetor
,
naturalem
aequitatem
sequutus
,
iis
etiam
bonorum
possessionem
,
contra
12
Tabularum
leges
,
&
contra
jus
civile
permittit
.
By
which
it
is
apparent
,
that
this
right
of
Nature
was
stronger
than
the
Laws
of
the
twelve
Tables
;
though
these
were
the
most
ancient
,
and
chief
Statutes
of
Rome
.
This
holds
also
in
the
Collateral
Succession
of
Brothers
,
and
others
,
according
to
that
,
[
](A46988-e179410-b)(m)
(m)
L.
hac
parte
.
ff.
unde
cognati
.
Hac
parte
,
Proconsul
,
naturali
aequitate
motus
,
omnibus
cognatis
permittit
bonorum
possessionem
,
quos
sanguinis
ratio
vocat
ad
haereditatem
.
For
those
who
are
now
Brothers
to
a
present
Prince
,
have
been
Sons
to
the
former
;
therefore
as
St.
Paul
says
,
If
a
Son
,
then
an
Heir
,
except
he
be
secluded
by
the
Existence
,
and
Succession
of
an
elder
Brother
.
Secondly
,
Agreeable
to
the
law
of
God
.
That
the
Law
of
God
gives
right
of
Succession
to
proximity
of
Blood
,
is
manifest
,
in
that
,
if
a
Man
hath
no
[
](A46988-e179470-b)(n)
(n)
Numb.
27.
v.
9
,
10.
Son
,
or
Daughter
,
his
Inheritance
shall
descend
upon
his
Brother
;
and
so
God
determines
in
the
case
of
[
](A46988-e179500-b)(o)
(o)
Numb.
36.
Zelophead's
Daughters
;
and
so
[
](A46988-e179530-b)(p)
(p)
2
Chron.
22.1
.
Ahaziah
was
made
King
(
though
the
youngest
)
in
his
Fathers
stead
,
because
,
says
the
Text
,
The
Arabians
had
slain
all
the
eldest
:
which
clearly
shews
,
That
by
Gods
Law
,
he
could
not
have
succeeded
,
if
the
eldest
had
been
alive
.
So
we
see
the
birth-right
was
owned
in
Esau
,
but
that
he
sold
it
,
the
priviledge
of
which
is
there
fully
discovered
,
not
only
in
discovering
the
right
of
Primogeniture
,
but
likewise
in
the
Donation
of
Parents
to
their
Children
;
that
Blessing
being
like
the
last
Will
and
Testament
.
Thirdly
,
Agreeable
to
the
Law
of
Nations
.
As
to
the
Law
of
Nations
,
it
might
be
made
clear
by
the
recital
of
all
the
Laws
of
Kingdoms
that
are
Hereditary
,
and
not
Elective
,
That
degrees
of
Succession
were
exactly
observed
,
according
to
that
of
[
](A46988-e179610-b)(q)
(q)
De
Repub.
lib.
6.
c.
5.
Bodin
,
Ordo
,
non
tantum
naturae
,
&
divinae
legis
,
sed
omnium
ubique
gentium
hoc
postulat
.
So
Pope
[
](A46988-e179650-b)(r)
(r)
In
c.
grand
.
de
supplenda
neglig
.
Pralat
.
Innocent
,
In
regnis
haereditariis
caveri
non
potest
,
ne
filius
aut
frater
succedat
;
and
so
in
all
Histories
of
Hereditary
Monarchies
,
we
find
it
where
Potent
Usurpation
hath
not
obstructed
the
free
current
,
or
by
some
violent
means
derived
it
into
another
Channel
.
If
Successions
of
so
great
importance
had
not
been
fixed
by
immutable
Laws
of
God
and
Nature
,
the
various
and
inconstant
inclinations
of
present
Governors
(
saith
a
very
[
](A46988-e179680-b)(s)
(s)
Jus
Regium
p.
158.
Judicious
Author
)
had
made
the
Nations
whom
they
governed
very
unhappy
:
If
they
yielding
to
the
importunities
of
Mothers
,
or
Stepmothers
,
or
clouded
by
the
Jealousie
of
Flatterers
,
or
Favourites
;
or
upon
some
unaccountable
aversion
,
should
place
the
Crown
upon
what
Head
they
pleased
.
Therefore
God
did
very
justly
and
wisely
settle
this
Succession
,
that
both
King
and
People
might
know
,
That
it
is
by
him
that
Kings
Reign
,
and
Kingdoms
are
secured
in
Peace
against
Factions
.
To
come
more
particularly
to
our
own
Country
:
The
Monarchy
of
great
Britain
and
Ireland
,
The
British
Monarchy
Hereditary
.
is
undoubtedly
as
firmly
established
hereditarily
in
his
Majesties
Blood
and
Family
,
as
it
is
in
any
Monarch's
in
Europe
.
A
late
French
[
](A46988-e179780-b)(t)
(t)
Of
the
States
and
their
Powers
,
p.
68.
Author
,
speaking
of
the
Succession
of
the
Crown
of
France
,
saith
,
That
the
Election
of
the
Kingdom
is
not
of
one
Person
only
,
but
of
the
blood
,
and
operates
so
far
,
as
there
is
life
in
that
blood
;
The
blood
being
chosen
with
the
Prerogative
of
Primogeniture
:
So
that
when
one
Person
of
the
blood
is
dead
(
the
Power
by
the
same
Prerogative
being
transferred
to
the
blood
)
remains
and
rests
in
the
blood
still
living
,
and
in
him
of
the
blood
who
succeeds
by
that
Prerogative
,
and
in
none
else
.
The
Majesty
Royal
(
saith
a
[
](A46988-e179830-b)(u)
(u)
Majestas
Intemerata
.
profound
Lawyer
and
Antiquary
upon
the
murther
of
King
Charles
the
First
)
expired
not
,
nor
was
left
adhering
to
the
bloody
Axe
or
Block
.
It
wandred
not
like
Adrian's
Ghost
,
nor
hovered
in
an
Airy
abstraction
.
For
the
King
,
or
rather
the
Kings
line
(
saith
another
[
](A46988-e179860-b)(w)
(w)
Finch
,
p.
83.
great
Lawyer
)
is
a
name
of
Continuance
,
which
,
as
the
Law
presumes
,
shall
always
remain
as
Head
and
Governour
of
the
People
.
For
the
English
Monarchy
[
](A46988-e179890-b)(x)
(x)
Coke
4.
Report
.
Praef.
knows
no
Interregnum
,
being
Successive
by
inherent
Birthright
,
whereby
infinite
inconveniences
are
avoided
:
so
that
the
young
Phenix
stays
not
to
arise
out
of
the
Spicy
ashes
of
the
old
,
but
the
Soul
of
Royalty
,
by
a
kind
of
Transmigration
,
passeth
immediately
out
of
one
body
into
another
;
and
in
the
same
manner
,
will
every
right
Heir
acquire
the
Royalty
after
his
Predecessor
ceaseth
to
be
.
Therefore
the
judicious
Lord
[
](A46988-e179930-b)(y)
(y)
Interregnum
aut
tituli
suspensionem
●aeges
Regni
non
permittere
.
Hist.
H.
7.
p.
26.
Verulam
observes
,
That
H.
7.
knowing
that
the
Laws
permit
not
any
interim
,
suspension
,
or
stay
of
the
Title
,
and
having
no
mind
to
own
his
Queens
Title
the
best
,
(
She
being
the
Heiress
of
the
house
of
York
,
as
he
in
some
respects
was
Heir
of
the
House
of
Lancaster
)
he
ordered
the
Act
so
,
that
it
should
neither
be
by
recognition
,
nor
his
Title
be
established
by
a
new
Law
:
[
](A46988-e179990-b)(z)
(z)
Potius
media
via
institit
,
simplicis
stabilimenti
.
Ideo
verbis
tectis
&
utrinque
nutantibus
his
,
ut
haereditas
Coronae
resideres
,
remaneret
&
continuaretur
in
Rege
.
but
chose
a
milder
way
,
viz.
of
simple
Establishment
in
covert
words
,
interpretable
several
ways
,
that
the
inheritance
of
the
Crown
should
reside
,
remain
,
and
continue
in
him
.
So
King
James
in
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
p.
209.
tells
the
Prince
,
That
at
the
very
moment
of
the
expiring
of
the
King
Reigning
,
the
nearest
and
lawful
Heir
entreth
in
his
place
;
and
so
to
refuse
him
,
or
intrude
another
,
is
not
to
hold
out
the
Successor
from
coming
in
,
but
to
expel
and
put
out
their
Righteous
King
.
So
Sir
[
](A46988-e180060-b)(a)
(a)
Report
7
,
8
,
10
,
11.
Calvin'
s
Case
,
Watson
and
Clark
'
s
Case
,
1
Jac.
1.
Edward
Coke
affirms
,
That
it
is
a
known
Maxim
of
the
Laws
,
That
in
the
moment
of
the
descent
of
the
Crown
,
the
person
on
whom
it
descends
(
which
is
the
next
immediate
Heir
only
)
becomes
complete
and
absolute
King
,
to
all
intents
and
purposes
.
And
so
he
saith
,
The
second
Son
of
the
King
of
England
after
[
](A46988-e180140-b)(b)
(b)
3.
Instit.
8.
the
death
of
the
first-born
is
eldest
Son
,
within
the
Statute
of
25
E.
3.
as
it
was
resolved
in
the
case
of
Prince
Charles
,
concerning
the
Dutchy
of
Cornwall
.
It
would
be
a
tedious
work
to
recite
all
the
Authorities
in
this
Case
may
be
found
in
the
Statutes
and
Law-Books
.
I
will
content
my self
,
instead
of
all
others
,
with
the
Act
of
[
](A46988-e180210-b)(c)
(c)
Cap.
2.
Recognition
1
Jacobi
primi
,
wherein
,
The
Recognition
of
King
James
the
First
.
after
the
two
Houses
had
enumerated
the
benefits
by
the
Conjunction
of
the
Houses
of
York
and
Lancaster
,
and
the
uniting
of
England
and
Scotland
in
the
Kings
Person
,
and
that
They
agnize
their
constant
Faith
,
Obedience
and
Loyalty
to
him
,
and
his
Royal
Progeny
,
The
worlds
of
the
Act
are
,
In
most
humble
and
lowly
manner
,
do
beseech
your
most
Excellent
Majesty
(
as
a
memorial
to
all
posterity
among
the
Records
of
your
High
Court
of
Parliament
for
ever
to
endure
,
of
our
Loyalty
,
Obedience
,
and
hearty
humble
affection
)
it
may
be
published
and
declared
in
the
High
Court
of
Parliament
,
and
enacted
by
Authority
of
the
same
,
That
we
(
being
bound
thereunto
by
the
Laws
of
God
and
man
)
do
recognize
and
acknowledge
(
and
thereby
express
our
unspeakable
joyes
)
that
immediately
upon
the
dissolution
and
decease
of
Elizabeth
late
Queen
of
England
,
the
Imperial
Crown
of
the
Realm
of
England
,
&c.
did
by
inherent
Birthright
,
and
lawful
undoubted
Succession
,
descend
and
come
to
your
most
Excellent
Majesty
,
as
being
lineally
,
justly
,
and
lawfully
,
next
and
sole
Heir
of
the
blood
Royal
of
this
Realm
,
as
is
aforesaid
,
&c.
and
thereunto
we
most
humbly
and
faithfully
do
submit
and
oblige
our selves
,
our
Heirs
,
and
Posterities
for
ever
,
until
the
last
drop
of
our
blood
be
spent
;
and
do
beseech
your
Majesty
to
accept
the
same
as
the
first-fruits
of
this
High
Court
of
Parliament
,
of
our
Loyalty
and
Faith
to
your
Majesty
,
and
your
Royal
Progeny
and
Posterity
for
ever
.
By
which
,
it
first
appears
that
the
Crown
of
England
is
an
unalterable
Entail
,
and
the
reversion
in
him
only
by
whom
Kings
reign
,
without
any
Election
or
consent
of
the
People
,
otherwise
than
by
acknowledging
the
lawful
Right
of
the
Kings
,
derived
from
God
by
their
blood
to
them
.
Also
from
this
Recognition
we
may
consider
,
How
to
understand
the
Act
made
by
Queen
Elizabeth
against
the
Claims
of
Mary
Queen
of
Scots
.
Secondly
,
what
to
think
of
that
Act
of
Queen
Elizabeth
,
That
if
any
Person
shall
affirm
that
the
Parliament
of
England
has
not
full
power
to
bind
,
and
govern
the
Crown
in
point
of
Succession
and
descent
,
that
such
a
Person
,
during
the
Queens
life
,
shall
be
guilty
of
High
Treason
.
For
we
must
consider
that
by
the
words
bind
and
govern
,
we
may
conceive
the
sence
to
be
,
That
the
Parliament
is
Judge
where
there
are
differences
[
](A46988-e180440-b)(d)
(d)
Jus
Regium
,
p.
181.
betwixt
Competitors
in
nice
and
controvertible
points
,
which
cannot
be
otherwise
decided
.
So
that
such
temporary
Acts
as
these
,
are
to
be
interpreted
,
and
restrained
by
other
uncontroverted
Laws
.
We
must
also
look
upon
it
as
made
to
secure
the
Queen
against
Mary
Queen
of
Scots
,
and
to
let
her
know
it
was
to
no
purpose
for
her
to
design
any
thing
against
the
Right
or
Person
of
Queen
Elizabeth
;
upon
that
ground
,
as
may
be
presumed
,
the
Queen
of
Scots
might
claim
,
for
that
Queen
Elizabeth
by
Act
of
Parliament
had
been
declared
a
Bastard
.
Therefore
to
let
her
know
,
that
it
was
to
no
purpose
to
insist
upon
any
such
claim
,
and
that
her
other
Right
as
next
undoubted
Heir
by
blood
to
the
Crown
,
might
be
altered
or
governed
,
this
Act
was
made
:
So
that
we
must
from
hence
conclude
,
That
it
was
to
be
reckoned
only
as
one
of
those
Statutes
which
the
Law
says
are
made
ad
terrorem
,
&
ex
terrore
only
;
which
may
appear
the
more
evidently
,
because
it
was
never
made
use
of
.
For
it
is
to
be
mainly
considered
,
that
this
Law
being
made
to
exclude
Queen
Mary
and
the
Scotish
Line
,
as
appears
by
that
clause
wherein
it
is
declared
,
That
every
Person
or
Persons
of
what
degree
or
Nation
soever
they
be
,
who
shall
during
the
Queens
life
,
declare
or
publish
that
they
have
Right
to
the
Crown
of
England
,
shall
be
disinabled
to
enjoy
the
Crown
in
Succession
.
Therefore
it
was
never
valid
:
[
](A46988-e180550-b)(e)
(e)
Id.
p.
183.
For
if
it
had
been
good
,
King
James
might
have
thereby
been
excluded
by
that
person
who
should
have
succeeded
next
to
the
Scotish
Race
:
For
it
is
undeniable
,
that
Queen
Mary
,
did
during
Queen
Elizabeth's
life
,
pretend
Right
to
the
Crown
,
upon
the
account
that
Queen
Elizabeth
was
declared
Bastard
.
Therefore
the
calling
in
of
King
James
,
after
this
Act
,
and
the
acknowledging
his
Title
,
do
clearly
evince
,
that
the
Parliament
of
England
knew
,
they
had
no
Power
to
make
such
an
Act
;
and
we
may
conclude
,
That
such
Politick
and
Temporary
provisions
find
no
approbation
,
either
by
the
Laws
,
or
succeeding
ages
(
who
in
all
such
cases
judge
more
impartially
:
)
therefore
it
is
much
more
honourable
,
for
the
Legislative
Power
,
to
found
their
Laws
upon
Justice
and
Right
,
rather
than
upon
the
humours
and
Interests
of
those
,
who
desire
but
the
shadow
of
a
Law
to
countenance
their
designs
.
It
must
be
owned
that
King
Edward
the
Second
was
deposed
,
The
Injustice
in
deposing
Kings
.
for
making
use
of
Gaveston
and
the
Spencers
.
But
how
illegally
,
all
succeeding
ages
have
acknowledged
;
and
it
rather
shews
how
extravagant
the
People
,
and
their
Representatives
are
in
their
humors
,
than
how
just
their
Powers
are
:
For
by
the
same
parity
of
Reason
,
the
horrid
Murther
of
the
blessed
Martyr
,
or
the
Murther
of
Edward
the
Second
,
may
be
justified
as
his
deposing
may
be
;
and
the
like
may
be
said
of
King
Richard
the
Second
,
against
whom
the
Fourteenth
Article
was
,
that
he
refused
to
allow
the
Laws
made
in
Parliament
;
which
had
been
in
effect
to
consent
,
that
the
two
Houses
should
have
been
the
Soveraign
,
and
that
he
had
transferred
the
Royal
Power
on
them
.
Whoever
desires
further
satisfaction
,
may
consult
Arnisaeus
in
that
Treatise
,
Quod
nulla
ex
causa
subditis
fas
sit
contra
legitimum
Principem
arma
sumere
.
Whereas
Richard
Duke
of
York
in
Henry
the
Sixth's
time
,
after
he
had
been
declared
Heir
Apparent
,
was
by
another
Act
of
Parliament
declared
uncapable
of
Succession
;
all
that
can
be
inferred
from
it
is
,
When
Acts
of
Parliament
to
be
less
esteemed
.
That
Acts
of
Parliament
(
when
they
are
bottomed
upon
private
affections
to
Parties
in
times
of
Faction
and
civil
War
)
are
not
to
be
looked
upon
with
that
veneration
,
as
when
they
regularly
pass
,
in
times
that
are
calm
,
when
no
potent
Persons
oppress
Justice
,
or
usurping
Powers
hinder
faithful
Judges
from
expounding
the
Laws
soundly
.
Therefore
we
find
,
in
the
claim
of
the
said
Duke
of
York
,
that
it
is
more
consentaneously
to
Law
expressed
,
That
no
Act
taketh
place
,
or
is
of
force
against
him
,
that
is
right
inheritor
of
the
Crown
,
as
accordeth
(
saith
the
Record
)
with
Gods
Laws
,
and
all
natural
Laws
:
and
we
may
observe
that
though
there
was
a
Succession
of
three
Kings
of
the
House
of
Lancaster
,
who
had
usurped
the
Crown
for
Sixty
Years
;
yet
all
our
Historians
,
and
the
Laws
call
those
Kings
de
facto
and
not
de
jure
.
Such
a
true
sence
of
just
and
right
the
uninterested
Ages
have
had
of
that
Usurpation
ever
since
:
although
there
were
Acts
of
Parliament
carefully
penned
,
to
corroborate
●he
Title
of
the
house
of
Lancaster
during
that
time
,
and
all
ways
and
means
used
to
have
established
that
Line
;
yet
by
vertue
of
the
Right
of
Lineal
Succession
,
Edward
the
Fourth
,
Son
to
the
said
Duke
of
York
,
came
to
be
owned
lawful
King
of
England
,
though
the
Right
of
his
Family
had
been
interrupted
ever
since
Henry
the
Fourth
usurped
the
Crown
:
which
might
have
been
a
sufficient
document
to
all
Ages
,
not
to
have
attempted
any
sort
of
praeterition
of
the
Right
Heir
.
Yet
we
find
that
unsuccessful
attempts
were
made
by
H.
8.
contrary
to
the
fundamentals
of
Succession
,
which
,
when
rightly
considered
,
I
hope
will
convince
all
,
of
how
little
validity
,
even
such
Acts
are
to
be
reputed
.
Therefore
because
these
have
been
made
use
of
for
Precedents
,
I
shall
speak
a
little
more
fully
to
them
.
In
the
25
of
H.
8.
[
](A46988-e180900-b)(f)
(f)
Cap.
22.
the
Marriage
with
Queen
Katherine
is
made
void
,
Concerning
the
several
Entailings
of
the
Crown
by
King
Henry
the
Eighth
.
and
that
with
Queen
Anne's
declared
good
,
and
an
Entail
made
on
the
Issue
Male
or
Female
,
and
the
Penalty
for
hurting
the
Kings
Person
,
disturbing
his
Title
to
the
Crown
,
or
slandering
the
present
Marriage
is
judged
High
Treason
;
and
Anno
26.
[
](A46988-e180970-b)(g)
(g)
Cap.
2.
a
strict
Oath
is
injoyned
to
observe
the
Succession
there
appointed
.
But
28
H.
8.
[
](A46988-e181010-b)(h)
(h)
Cap.
7.
it
is
declared
that
the
former
Act
was
made
upon
a
pure
,
perfect
and
clear
foundation
,
thinking
the
Marriage
then
had
between
his
Majesty
and
the
Lady
Anne
,
(
they
are
the
words
of
the
Act
)
in
their
Consciences
,
to
have
been
pure
,
sincere
and
perfect
,
and
good
,
&c.
till
now
of
late
,
that
it
appeareth
that
the
said
Marriage
was
never
good
or
consonant
to
the
Laws
,
but
utterly
void
and
of
none
effect
;
and
so
both
the
Marriage
with
the
Princess
Katherine
and
the
Lady
Anne
are
declared
void
,
and
their
Issue
made
illegitimate
;
and
the
perils
are
enumerated
that
might
ensue
to
the
Realm
,
for
want
of
a
declared
lawful
Successor
to
the
Crown
;
and
the
Act
impowers
the
King
(
if
he
dye
without
Issue
of
his
body
)
that
he
may
limit
the
Crown
to
any
,
by
his
Letters
Patents
,
or
his
last
Will
in
Writing
:
and
it
is
declared
Treason
to
declare
either
of
the
Marriages
to
be
good
,
or
to
call
the
Lady
Mary
or
Lady
Elizabeth
Legitimate
,
and
the
former
Oath
is
made
void
:
and
this
may
be
judged
to
be
procured
when
he
resolved
to
settle
the
Crown
on
Henry
Fitz
Roy
,
Duke
of
Richmond
,
his
natural
Son
.
But
after
the
Birth
of
Prince
Edward
,
38
H.
8.
[
](A46988-e181140-b)(i)
(i)
Cap.
1.
another
alteration
is
made
,
whereby
the
Crown
is
entailed
on
Prince
Edward
,
and
for
want
of
his
Issue
on
the
Lady
Mary
,
and
for
want
of
her
Issue
,
on
the
Lady
Elizabeth
;
and
for
want
of
Issue
of
the
King
,
or
them
,
then
the
King
is
impowered
by
his
Letters
Patents
,
or
last
Will
,
to
dispose
of
the
Crown
at
his
free
will
.
It
is
therefore
to
be
considered
,
that
in
such
a
juncture
of
affairs
,
when
the
legality
of
the
Kings
Marriages
were
so
disputable
,
by
reason
that
two
of
the
legal
Successors
(
upon
niceties
not
of
nature
,
but
of
the
Popes
〈◊〉
for
Divorcing
)
were
declared
Bastards
,
there
was
some
●eason
[
](A46988-e181200-b)(k)
(k)
25
H.
8.
c.
22.
that
the
Act
should
express
that
the
Ambiguity
of
several
Titles
pretended
to
the
Crown
(
then
not
perfectly
declared
,
but
that
men
might
expound
them
to
every
ones
sinister
affection
and
sence
,
contrary
to
the
right
legality
of
Succession
,
and
Posterity
of
the
lawful
Kings
and
Emperours
of
the
Realm
)
hath
been
the
cause
of
that
great
effusion
and
destruction
of
mens
blood
;
and
the
like
cause
will
produce
the
like
effect
,
as
the
words
are
.
Upon
such
grounds
it
was
very
plausible
to
declare
by
Act
of
Parliament
the
Succession
.
But
this
does
not
prove
that
where
the
Right
of
nature
is
clear
,
that
the
Parliament
may
invert
the
same
:
and
they
teach
us
how
dangerous
it
is
to
leave
Parliaments
to
the
Impression
of
Kings
(
when
it
is
too
obvious
,
the
first
of
these
Laws
was
made
to
gratifie
the
Kings
affection
to
Queen
Anne
)
in
the
case
of
naming
a
Successor
;
as
it
is
also
to
expose
Kings
to
the
Arbitrariness
of
Parliaments
.
And
we
may
well
infer
(
H.
8.
taking
such
care
by
his
Parliaments
to
legitimate
and
illegitimate
his
Issue
,
according
to
the
present
interests
of
his
Affairs
and
Passions
)
that
such
contradictory
Acts
could
not
be
all
true
;
and
though
the
Responses
from
Delphos
or
any
Oracles
of
the
Gentile
ages
,
might
miss
the
truth
as
much
,
yet
by
their
dubious
answers
,
they
forfeited
not
their
reputations
so
much
.
We
may
also
note
[
](A46988-e181280-b)(l)
(l)
Jus
Regium
,
p.
178
,
179.
that
by
God
Almighty's
Providence
,
and
the
care
of
his
own
Laws
,
the
Duke
of
Richmond
was
removed
by
death
,
to
prevent
the
unjust
Competitors
,
and
Prince
Edward
was
born
;
and
by
the
same
Providence
,
and
the
sence
the
Subjects
had
of
the
great
Fundamental
of
Hereditary
Succession
,
contrary
to
some
of
these
Acts
,
and
what
Edward
the
Sixth
did
in
setling
the
Crown
upon
the
Lady
Jane
Grey
,
proved
of
no
force
:
for
Queen
Mary
succeeded
,
though
she
was
a
Papist
,
and
Queen
Elizabeth
succeeded
her
,
though
she
was
declared
Bastard
.
The
rights
of
Blood
prevailing
over
the
Formalities
of
Divorce
and
the
Dispensations
of
the
Popes
,
and
the
Laws
made
to
gratify
Henry
the
Eighth's
pleasure
,
as
the
strength
of
nature
doth
often
prevail
over
Poisons
;
and
to
evince
the
greater
certainty
of
their
being
void
,
so
little
notice
was
taken
of
those
,
and
the
subsequent
Acts
,
Anno
1535.
that
the
Heirs
of
the
Blood
succeeded
without
repealing
that
Act
,
as
an
Act
in
it self
invalid
from
the
beginning
:
For
such
Acts
are
past
by
without
being
repealed
,
as
we
find
in
the
Act
of
Recognition
of
Queen
Elizabeth
,
no
notice
was
taken
of
the
Act
of
Parliament
against
her
;
and
Blackwood
[
](A46988-e181400-b)(m)
(m)
P.
45.
observes
very
well
,
that
so
conscious
were
the
makers
of
these
Acts
,
Jus
Regium
,
p.
179.
of
the
illegality
of
them
,
and
of
their
being
contrary
to
the
immutable
Laws
of
God
,
Nature
,
and
Nations
,
that
none
durst
produce
that
Kings
Testament
,
wherein
he
did
nominate
a
Successor
conformable
to
the
power
granted
by
those
Acts
;
but
that
as
soon
as
they
were
freed
by
his
Death
,
from
the
violent
oppressions
that
had
forced
them
to
alter
a
Successor
three
several
times
,
and
at
last
to
swear
implicitly
to
whomsoever
he
should
nominate
,
they
proclaimed
first
Queen
Mary
,
and
after
her
decease
Queen
Elizabeth
.
Therefore
all
these
Acts
,
both
of
Henry
the
Eighth
,
and
Edward
the
Sixth
,
are
to
be
looked
upon
as
Politick
interims
,
to
serve
for
some
present
ends
.
And
as
we
observe
the
trepidations
,
vibrations
,
and
as
we
may
say
,
uneasiness
of
things
in
all
that
have
been
displaced
,
till
reseated
again
(
whereby
we
have
a
certain
Indicium
of
any
thing
Natural
)
so
may
we
note
the
naturalness
of
Hereditary
Succession
by
the
Tragical
Convulsions
,
and
unsetledness
of
things
in
any
State
,
where
great
force
and
policy
have
usurped
the
Crown
,
till
it
hath
returned
to
the
right
owner
.
So
we
see
after
the
force
was
removed
by
the
expiration
of
Henry
the
Eighth
and
Edward
the
Sixth
,
things
returned
again
into
their
pristin
State
,
according
to
the
Laws
of
the
Crown
.
I
shall
now
pass
to
consider
other
Reasons
;
and
First
it
may
be
observed
,
Fundamentals
in
Government
not
to
be
altered
.
That
the
Venerable
Age
of
such
Fundamental
Laws
,
should
have
another
kind
of
respect
pay'd
to
them
,
than
to
be
made
obsolete
,
because
they
will
not
sort
with
some
new-fashioned
Intrigue
.
For
it
is
a
most
true
Maxime
,
Non
magis
aliunde
floret
respublica
,
quam
si
legum
vigeat
Authoritas
.
So
in
the
first
Parliament
[
](A46988-e181560-b)(n)
(n)
Cap.
2.
of
King
James
the
First
,
it
is
fully
expressed
,
That
to
alter
and
innovate
the
Fundamental
ad
Ancient
Laws
,
See
Commission
for
Union
,
16●4
.
Priviledges
,
and
good
Customs
of
the
Kingdom
,
(
whereby
not
only
the
Kings
Regal
Authority
,
but
the
Peoples
securities
of
Lands
,
Livings
,
and
Priviledges
(
both
in
general
and
particular
)
are
preserved
and
maintained
,
and
by
the
abolishing
or
alteration
of
the
which
,
it
is
impossible
but
that
present
confusion
will
fall
upon
the
whole
State
and
frame
of
Government
)
is
of
most
dangerous
consequence
:
whence
we
may
well
infer
,
That
to
endeavour
to
alter
the
right
of
Succession
of
the
Crown
,
in
the
direct
line
,
is
one
of
the
most
dangerous
Innovations
of
all
others
,
as
drawing
innumerable
mischiefs
after
it
.
Now
there
can
be
no
greater
fundamental
right
than
the
Succession
of
our
Monarch
.
The
Hereditary
Succession
is
a
Fundamental
.
That
our
Monarchy
is
Hereditary
,
is
the
great
Basis
upon
which
most
of
all
the
positions
of
the
Laws
are
established
,
which
every
where
we
meet
with
in
the
Writings
of
Lawyers
,
viz.
That
the
King
never
dies
,
the
next
Successour
in
Blood
is
legally
King
,
from
the
very
moment
in
which
the
last
King
dies
;
that
there
needs
neither
Coronation
,
or
Recognition
of
the
People
,
to
intitle
him
to
the
exercise
of
his
Regal
Authority
;
that
his
Commissions
are
valid
,
all
Men
are
liable
to
do
him
Homage
,
and
hold
their
rights
of
him
,
and
his
Heirs
;
he
may
call
Parliaments
,
dispose
of
the
Lands
belonging
to
the
Crown
;
and
all
that
oppose
him
are
Rebells
:
Generally
this
Principle
runs
through
all
the
Veins
of
our
Laws
,
it
is
that
which
gives
Life
and
Authority
to
our
Statutes
,
but
receives
none
from
them
,
which
are
undeniable
marks
and
Characters
of
a
Fundamental
Right
in
all
Nations
.
Secondly
,
Such
further
provision
hath
the
Law
made
,
to
secure
the
Succession
in
the
direct
line
,
that
if
the
right
Heir
of
the
Blood
,
or
the
Father
or
Mother
of
the
right
Heir
be
attainted
of
High
Treason
,
by
Parliament
,
the
Attainder
is
no
obstruction
to
the
descent
.
If
he
,
who
were
to
succeed
had
committed
Murther
,
or
were
declared
Traytor
formerly
to
the
Crown
,
for
open
Rebellion
against
the
King
and
Kingdom
;
yet
upon
his
coming
to
the
Crown
he
need
not
to
be
restored
by
Act
of
Parliament
:
but
his
very
right
of
Blood
would
purge
all
these
Imperfections
.
For
tanta
est
Regii
sanguinis
praerogativa
,
&
dignitas
,
ut
vitium
non
admittat
,
nec
se
contaminare
patiatur
;
saith
a
[
](A46988-e181650-b)(o)
(o)
Craig
.
learned
Lawyer
:
and
the
Reasons
given
are
,
For
that
no
Man
can
be
a
Rebel
against
himself
,
nor
can
the
King
have
a
Superior
;
and
consequently
there
can
be
none
whom
he
can
[
](A46988-e181660-b)(p)
(p)
Jus
Reg.
p.
169.
offend
:
and
it
would
be
absurd
,
that
he
,
who
can
restore
all
other
Men
,
should
need
to
be
restored
himself
.
Also
the
Punishments
of
Crimes
,
such
as
Confiscations
,
&c.
are
to
be
inflicted
by
the
Kings
Authority
,
or
to
fall
to
the
Kings
Treasury
;
and
it
would
be
most
absurd
,
that
a
Man
should
exact
from
himself
a
Punishment
.
So
Richard
Plantaginet
Duke
of
York
,
and
Edward
the
Fourth
his
Son
,
were
both
attainted
;
yet
Edward
the
Fourth
was
rightful
King
,
and
no
impediment
in
the
Succession
accrued
by
it
.
So
Charles
the
Seventh
of
France
(
though
banished
by
Sentence
of
Parliament
)
did
afterwards
succeed
to
the
Crown
;
and
though
Lewis
the
Twelfth
forfeited
for
taking
up
Arms
against
Charles
the
Eighth
,
yet
he
succeeded
:
and
Alexander
Duke
of
Albany
,
and
his
Descendants
,
being
declared
Traytors
,
by
his
Brother
,
King
James
the
Fourth
;
yet
his
Son
John
being
called
home
upon
his
Uncles
Death
,
was
declared
Tutor
and
Governour
,
without
any
remission
,
or
being
restored
;
and
if
his
Cousin
King
James
had
died
without
Issue
,
he
had
been
declared
the
true
Successour
of
the
Crown
.
We
have
a
memorable
Instance
of
this
in
H.
7.
who
when
he
came
to
the
Crown
,
called
his
Parliament
;
and
the
Judges
having
determined
,
that
those
Members
of
the
House
,
that
had
been
outlawed
by
the
Parliament
in
Richard
the
Third's
time
,
and
been
declared
Rebels
,
should
absent
themselves
,
till
a
Bill
were
brought
in
for
their
restoring
:
It
was
moved
among
the
Judges
what
should
be
done
about
the
King
,
who
had
been
condemned
,
and
declared
Traytor
,
&c.
and
it
was
by
the
unanimous
consent
of
all
the
Judges
(
saith
the
learned
[
](A46988-e181880-b)(q)
(q)
St.
Alban's
Hist
H.
7.
p.
29.
Chancellor
)
declared
,
That
the
Crown
removed
all
the
obstructions
in
the
Blood
,
which
might
in
any
manner
impede
its
descent
;
and
from
that
time
the
King
took
the
Crown
,
Coronam
ipsam
omnes
sanguinis
oppilationes
quae
descensum
Coronae
ullatenus
impediunt
,
deobstruere
.
—
Vt
Regi
opera
Parliamentaria
non
fuisset
opus
.
the
fountain
of
his
Blood
was
purged
,
and
all
the
Corruptions
and
Impurities
taken
away
:
so
that
he
had
no
need
of
any
Parliamentary
help
to
supply
him
.
Thirdly
,
The
Consideration
of
the
Oaths
,
which
the
Subjects
are
bound
to
take
and
observe
,
gives
some
further
Proof
of
the
Obligation
of
all
the
Subjects
to
maintain
this
lineal
Succession
.
The
Oaths
of
Allegiance
and
Supremacy
bind
the
Subjects
to
bear
Faith
and
true
Allegiance
to
the
King's
Highness
,
The
Oaths
of
Allegiance
and
Supremacy
against
altering
Succession
.
his
Heirs
,
and
lawful
Successors
,
and
that
to
their
Power
they
shall
assist
and
defend
all
Jurisdictions
,
Priviledges
,
Preheminences
and
Authorities
granted
to
the
King's
Highness
,
his
Heirs
,
and
lawful
Successors
,
or
united
and
annexed
to
the
Imperial
Crown
of
this
Realm
,
and
of
those
Priviledges
,
&c.
I
think
none
will
deny
,
but
that
Hereditary
Succession
is
one
of
the
principal
Prerogatives
intended
by
those
Oaths
.
We
are
not
in
these
only
sworn
to
His
Majesty
,
but
his
Lawful
Successors
;
which
word
,
Lawful
,
is
inserted
,
to
cut
off
the
Pretences
of
such
as
should
not
succeed
by
Law
,
and
the
insolent
Arbitrariness
of
such
,
as
being
but
Subjects
themselves
,
think
they
may
chuse
their
King
.
These
being
promissory
Oaths
,
as
well
to
the
Successors
,
when
their
Right
shall
fall
,
as
to
the
present
King
;
they
have
every
of
them
in
their
respective
degrees
and
orders
,
and
indispensible
Right
confirmed
to
them
by
this
Oath
.
So
that
the
Predecessor
hath
no
legal
right
to
deprive
his
Successor
,
as
hereafter
I
shall
clear
,
nor
to
remit
the
Peoples
Obligation
to
him
as
lawful
Heir
and
Successor
:
[
](A46988-e181990-b)(r)
(r)
Address
,
part
3.
p.
64.
much
less
can
the
two
Houses
do
it
;
for
they
are
all
within
the
Obligation
of
this
Oath
,
and
it
is
unreasonable
,
that
Men
should
dispence
with
their
own
promissory
Oaths
to
others
:
for
this
would
destroy
all
Faith
and
Confidence
amongst
Men
,
and
pull
up
the
very
roots
of
Society
and
Government
Whereas
some
object
out
of
my
Lord
[
](A46988-e182030-b)(s)
(s)
Coke
on
Littleton
,
p.
8.
Coke
,
Objection
.
That
none
is
Heir
before
the
death
of
his
Ancestor
,
but
Heir
apparent
:
It
is
to
be
considered
,
Answered
.
that
it
must
be
the
Heir
presumptive
,
or
apparent
,
that
is
here
understood
;
otherwise
the
inserting
the
word
,
Heir
,
were
superfluous
,
if
by
the
Oaths
were
not
intended
,
he
that
is
next
Heir
upon
the
Death
of
the
King
;
and
if
any
Person
think
to
evade
it
by
affirming
,
that
if
the
Parliament
declare
any
Person
to
be
no
next
Heir
,
he
ceaseth
to
be
so
;
as
also
not
to
be
lawful
Successor
,
because
by
such
an
Act
he
is
outlawed
:
Let
such
Persons
consider
that
this
is
neither
better
nor
worse
than
palpable
Aequivocation
.
For
we
swear
in
the
common
Sence
of
the
words
,
and
so
by
Heir
we
understand
such
as
by
proximity
of
Blood
,
have
greatest
right
to
succeed
in
the
Inheritance
.
It
may
be
farther
considered
that
the
Lord
Chancellor
,
Treasurer
,
and
Judges
,
[
](A46988-e182120-b)(t)
(t)
See
18
E.
3.
all
the
great
Officers
of
State
,
the
Privy-Council
,
&c.
are
all
sworn
to
defend
the
Rights
of
the
Crown
,
and
that
they
shall
not
concurr
or
assent
to
any
thing
which
may
turn
to
the
King
in
Damage
or
Dis-herison
.
How
then
can
any
of
these
,
much
less
the
Judges
(
who
are
to
expound
,
and
interpret
the
Law
)
consent
without
palpable
violation
of
their
Oaths
,
to
the
changing
of
the
Essence
of
the
Monarchy
.
I
shall
now
endeavour
to
prove
,
Acts
of
Parliament
cannot
alter
Lineal
Succession
.
that
no
Parliament
,
by
a
compleat
Act
,
can
legally
alter
the
Succession
in
an
Hereditary
Monarchy
.
For
first
all
[
](A46988-e182180-b)(u)
(u)
Jus
Reg.
p.
153.
Kings
and
Parliaments
are
subordinate
to
the
Laws
of
God
,
the
Laws
of
Nature
,
and
Nations
.
So
that
unless
we
give
the
Inferior
Power
and
Jurisdiction
over
the
Superior
,
no
Act
of
Parliament
can
be
binding
to
overturn
what
those
three
Laws
have
have
established
;
and
I
hope
I
have
proved
under
all
these
Heads
,
in
the
preceding
part
of
this
discourse
,
that
the
right
of
Succession
is
founded
on
them
.
As
to
the
Law
of
God
,
it
is
clear
not
only
from
the
general
dictates
of
Religion
;
but
28
H.
8.
c.
7.
the
Parliament
uses
these
words
,
For
no
Man
can
dispence
with
God's
Laws
,
which
we
also
affirm
and
think
.
As
to
the
Laws
of
Nature
they
are
acknowledged
to
be
immutable
from
the
Principles
of
Reason
.
So
the
[
](A46988-e182230-b)(w)
(w)
Sect.
sed
naturale
.
Institut.
de
Jure
naturali
.
Law
it self
confesseth
,
Naturalia
quaedam
Jura
,
quae
apud
omnes
gentes
observantur
,
divina
quadam
providentia
constituta
,
semper
firma
atque
immutabilia
permanent
:
Certain
natural
Laws
,
which
are
observed
by
all
Nations
)
and
such
is
that
of
Primogeniture
)
by
Divine
Providence
being
constituted
,
remain
always
firm
and
immutable
.
So
when
the
Law
declares
that
a
supreme
Prince
is
free
from
the
obligation
of
Laws
(
solutus
Legibus
)
yet
Lawyers
[
](A46988-e182270-b)(x)
(x)
Voet.
de
Statutis
sect.
5.
c.
1
,
Accursius
in
L.
Princeps
F.
de
Leg.
Clementina
pasturalis
de
re
Judicata
.
still
acknowledge
,
that
this
does
not
exclude
these
Supream
Powers
from
being
liable
to
the
Laws
of
God
,
Nature
,
and
Nations
,
as
is
evident
by
all
that
treat
of
that
Point
.
Nor
can
the
Law
of
Nations
be
overturned
by
private
municipal
Laws
;
so
all
Statutes
to
the
prejudice
of
Ambassadors
(
who
are
secured
by
the
Law
of
Nations
,
)
are
confessed
by
all
to
be
null
,
and
the
highest
Power
whatsoever
cannot
take
off
the
denouncing
of
a
War
,
before
a
War
can
be
lawful
.
Besides
,
secondly
,
a
Parliament
cannot
do
more
than
[
](A46988-e182320-b)(y)
(y)
Jus
Reg.
p.
154.
any
absolute
Monarch
in
his
own
Kingdom
;
for
they
,
when
joyned
,
are
but
in
place
of
the
supreme
Power
sitting
in
Judgment
.
We
must
not
think
our
Parliaments
have
an
unlimited
Power
de
jure
,
so
as
they
may
make
a
forfeiture
,
or
take
away
Life
without
a
cause
,
or
pass
Sentence
against
the
Subjects
,
without
citing
or
hearing
them
.
For
if
they
had
such
Power
,
we
should
be
the
greatest
Slaves
,
and
live
under
the
most
arbitrary
Government
imaginable
.
Therefore
an
absolute
Prince
cannot
,
in
an
Hereditary
Kingdom
(
where
the
Successor
is
to
succeed
Jure
Regni
,
[
](A46988-e182370-b)(z)
(z)
Nulla
clausula
Successori
Jus
auferri
potest
,
modo
succedat
ille
Jure
Regni
.
Aristaeus
c.
7.
num.
5.
prejudge
the
Successors
right
of
Succession
;
for
the
same
right
,
the
present
King
hath
to
the
Possession
,
the
next
of
Blood
hath
to
the
Succession
.
Therefore
Hottoman
Lib.
2.
de
Regno
Galliae
affirms
,
That
ea
quae
,
Jure
Regni
,
primogenito
competunt
,
ne
Testamento
quidem
Patris
adimi
possunt
:
That
in
the
absolute
Monarchy
of
France
,
The
Father
cannot
by
his
last
Will
deprive
the
First-born
of
those
things
which
belong
to
him
by
Royal
right
.
So
when
the
King
of
France
designed
to
break
the
Salique
Law
of
Succession
,
as
in
the
Reign
of
Charles
the
Fifth
,
it
was
found
impracticable
by
the
three
States
.
So
when
Pyrrhus
would
have
preferred
his
younger
Son
to
the
Crown
;
[
](A46988-e182460-b)(a)
(a)
Pausanias
,
lib.
1.
the
Epirots
(
following
the
Law
of
Nations
and
then
own
)
refused
him
.
So
Anno
1649.
when
Amurat
the
Grand
Signior
left
the
Empire
to
Han
the
Tartarian
,
passing
his
Brother
Ibrahim
,
the
whole
Officers
of
State
did
unanimously
cancel
the
Testament
,
and
restored
Ibrahim
the
true
Heir
,
though
no
other
than
a
Fool.
So
if
Kings
could
have
inverted
their
Succession
,
Saint
Lewis
had
preferred
his
own
Third
Son
to
Lewis
his
Eldest
;
and
Alphonsus
King
of
Leon
in
Spain
,
had
preferred
his
Daughter
to
Ferdinand
his
Eldest
Son
;
and
Edward
the
Sixth
of
England
,
had
preferred
,
and
did
actually
prefer
the
Lady
Jane
Grey
to
his
Sisters
Mary
and
Elizabeth
.
Thirdly
,
It
is
undeniable
,
in
the
opinion
of
all
Lawyers
,
That
a
King
cannot
in
Law
alienate
his
Crown
,
but
that
the
Deed
is
void
,
nor
can
he
in
Law
consent
to
an
Act
of
Parliament
declaring
that
he
should
be
the
last
King
:
For
if
such
consents
and
Acts
[
](A46988-e182670-b)(b)
(b)
Jus
Regium
,
p.
163.
had
been
sufficient
to
bind
Successors
,
then
weak
Kings
by
their
own
simplicity
,
and
gentle
Kings
by
the
Rebellion
of
their
Subjects
,
or
being
wrought
upon
by
the
importunity
of
their
Wives
,
or
Concubines
,
or
the
mis-representation
of
Favourites
,
might
do
great
mischiefs
to
their
People
,
in
raising
up
continual
Factions
;
of
the
miseries
of
which
I
shall
speak
hereafter
.
This
is
owned
in
Subjects
,
That
the
Honour
and
Nobility
that
is
bestowed
upon
a
man
and
his
Heirs
,
doth
so
necessarily
descend
upon
those
Heirs
,
that
the
Father
or
Predecessor
cannot
exclude
the
Successor
,
or
derogate
from
his
Right
,
by
renouncing
,
resigning
,
following
base
,
or
mean
Trades
,
or
such
like
.
For
,
Fab.
Cod.
9.
ti●
.
28.
say
the
Lawyers
,
since
he
derives
his
Right
from
his
old
Progenitors
,
and
owes
it
not
to
his
Father
,
his
Fathers
Deed
should
not
prejudge
him
;
so
much
more
in
Kings
(
the
ill
consequences
of
such
violations
of
Justice
and
Right
being
infinitely
more
destructive
)
the
Predecessor
should
not
do
any
Act
to
prejudice
his
Successor
:
For
that
right
of
blood
which
makes
the
Eldest
First
,
makes
the
other
Second
;
and
all
the
Statutes
that
acknowledge
the
present
Kings
Prerogative
,
acknowledge
that
they
belong
to
him
and
his
Heirs
.
For
as
a
Prince
cannot
,
(
even
ex
plenitudine
potestatis
)
legitimate
a
Bastard
,
in
prejudice
of
former
Children
,
though
they
have
only
but
an
hope
of
Succession
;
much
less
can
he
bastardize
or
disinherit
the
Right
Heir
,
who
is
so
made
by
God
,
and
honoured
from
him
with
the
Character
.
If
therefore
Kings
(
how
absolute
soever
)
cannot
de
jure
invert
the
natural
order
of
Succession
,
there
is
no
reason
that
the
States
of
Parliament
should
have
such
a
Power
.
For
by
the
known
Laws
they
have
no
Legislative
Power
otherwise
than
by
assenting
to
what
the
King
does
,
and
all
that
their
assent
could
do
,
would
be
no
more
than
that
they
,
and
their
Successors
should
not
oppose
his
nomination
,
because
of
their
consent
:
but
that
can
never
amount
to
a
Power
of
transferring
.
For
if
the
States
of
Parliament
had
this
Power
originally
in
themselves
to
bestow
,
why
might
they
not
reserve
it
for
themselves
,
and
so
perpetuate
the
Government
in
their
own
hands
?
So
Judge
Jenkin
asserts
,
according
to
Law
,
That
no
King
can
be
named
,
or
in
any
time
made
,
in
this
Kingdom
,
[
](A46988-e182780-b)(d)
(d)
Liberty
of
Subject
,
p.
25.
by
the
People
,
Kings
being
before
there
were
Parliaments
:
and
there
is
good
reason
;
for
then
the
Monarchy
should
not
be
Hereditary
,
but
Elective
:
the
very
Essence
of
Hereditary
Monarchy
consisting
in
the
Right
of
Succession
:
whereas
if
the
Parliament
can
prefer
the
next
save
one
,
they
may
prefer
the
last
of
all
the
Line
;
and
the
same
reason
by
which
they
can
chuse
a
Successor
(
which
can
only
be
,
that
they
have
Power
above
him
)
should
likewise
(
in
the
opinion
of
a
very
[
](A46988-e182800-b)(e)
(e)
Jus
Regium
,
p.
167.
learned
Person
)
justify
their
deposing
of
Kings
;
as
we
saw
in
the
last
Age
,
that
such
reasons
as
of
late
have
been
urged
,
to
incapacitate
the
Children
of
King
Charles
the
First
from
the
hope
of
Succession
,
viz.
Popery
and
Arbitrary
Government
,
did
embolden
men
to
dethrone
and
murther
the
Father
,
who
was
actual
King
.
For
if
it
were
once
yielded
that
the
Houses
had
a
Right
in
themselves
,
to
take
care
for
the
Salus
populi
,
that
none
but
such
Princes
should
succeed
,
who
were
approved
of
by
the
prevailing
Faction
in
their
body
,
nothing
but
confusion
would
follow
,
one
Party
having
their
Votes
seconded
by
force
one
time
,
and
a
quite
contrary
another
;
yet
all
pretending
the
Publick
Weal
:
and
so
a
large
breach
should
be
made
(
by
pretending
to
stop
one
dangerous
Successor
)
to
the
inflowing
of
successive
Usurpers
,
and
thereby
the
Crown
should
not
only
by
ambulatory
,
but
unstable
upon
every
head
that
wore
it
,
and
alwaies
in
danger
of
a
bloody
surprise
;
till
at
last
the
Regalia
being
secured
from
the
expectant
Heir
,
the
Factious
would
find
a
way
to
pillage
them
from
the
present
Soveraign
,
and
convert
them
into
a
Mace
for
an
House
of
Commons
.
I
writ
this
Part
with
greater
Enlargements
,
in
answer
to
the
plausiblest
Arguments
for
the
Bill
of
Seclusion
,
while
that
matter
was
in
the
hottest
agitation
.
But
since
there
will
be
no
need
of
dilating
upon
that
Subject
(
now
that
God
Almighty
hath
so
signally
determined
the
Controversie
,
by
the
peaceable
settlement
of
his
Majesty
upon
his
Throne
)
I
shall
close
this
Chapter
,
with
some
few
remarks
of
the
miseries
have
been
brought
upon
Kingdoms
,
and
especially
upon
this
,
by
the
disjoynting
the
Succession
.
So
we
read
what
dreadful
[
](A46988-e182880-b)(f)
(f)
Jus
Regium
,
p.
166.
mischiefs
arose
from
Pelops
preferring
his
younger
Son
to
the
Kingdom
of
Mycene
:
The
Miseries
which
Kingdoms
have
sustained
where
the
Succession
hath
been
interrupted
.
from
Oedipus
commanding
that
Polynices
his
Youngest
Son
should
reign
interchangeably
with
the
Eldest
:
From
Parisatis
the
Queen
of
Persia's
preferring
her
Youngest
Son
Cyrus
,
to
her
Eldest
Artaxerxes
:
From
Aristodomus
admitting
his
two
Sons
Proclus
and
Euristhenes
,
to
an
equal
share
in
the
Lacedemonian
Throne
.
The
like
observations
are
to
be
made
in
the
Succession
of
Ptolomaeus
Lagus
,
and
Ptolomaeus
Phisco
;
In
the
Sons
of
Severus
,
in
the
Succession
of
Sinesandus
,
who
killed
his
brother
Suintill
rightful
Heir
of
Spain
,
and
that
of
Sforza
and
Francis
Duke
of
Milain
,
and
thousands
more
;
in
all
which
,
either
the
Usurpers
,
or
the
Kingdoms
that
obeyed
them
,
perished
utterly
,
or
were
brought
to
great
ruine
.
In
Britain
the
whole
nation
of
the
Picts
were
extirpated
,
by
the
endeavour
of
that
People
to
hinder
Keneth
Son
of
Alpinus
,
from
possessing
the
Kingdom
as
right
Heir
of
Fergusiana
,
Sister
of
Mordred
their
King
.
In
England
the
Usurpation
of
Harold
,
upon
the
Right
of
Edgar
,
opened
the
passage
to
William
the
Conqueror
.
The
Usurpations
of
William
Rufus
,
and
Henry
the
First
,
upon
their
Brother
Robert
,
and
of
King
Stephen
,
upon
the
Empress
Maud
,
were
accompanied
with
great
effusion
of
Blood
:
So
that
a
great
part
of
the
ancient
Norman
Nobility
,
(
both
such
as
resided
there
,
or
were
transplanted
hither
)
were
slain
or
grievously
harassed
.
The
Usurpation
of
King
John
,
upon
his
Nephew
Arthur
,
caused
great
disquiets
,
during
his
Reign
,
and
the
effects
lasted
a
great
while
after
.
The
removal
of
King
Richard
the
Second
by
Henry
the
Fourth
,
occasioned
those
lasting
Wars
,
and
most
miserable
devastations
,
betwixt
the
Houses
of
York
and
Lancaster
;
during
which
Usurpation
(
before
the
Crown
was
setled
upon
Edward
the
Fourth
)
Historians
reckon
no
less
than
seventeen
pitched
Battels
,
and
eight
Kings
and
Princes
of
the
Blood
slain
,
and
put
to
death
;
and
that
forty
six
Dukes
and
Earls
,
besides
innumerable
Barons
and
Gentlemen
,
and
above
200000.
common
People
were
slain
and
destroyed
,
in
the
space
of
Sixty
Years
.
To
which
we
may
add
the
cruel
death
of
Edward
the
Fifth
,
and
his
Brother
,
by
their
bloody
Unckle
,
and
his
own
miserable
end
;
and
the
calamitous
fall
of
the
Lady
Jane
Grey
,
and
her
Noble
Relations
.
All
which
Princes
(
although
for
the
supporting
their
unjust
Claims
,
Invasions
and
Usurpations
of
the
Crown
,
they
procured
Parliamentary
concurrence
,
and
popular
Establishments
yet
)
after
so
great
effusion
of
blood
,
could
not
,
in
reality
,
transfer
the
Right
from
the
next
Heir
of
the
blood
,
but
at
last
all
centred
again
in
the
Right
Heir
.