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            <title>The stumbling-block of disobedience and rebellion, cunningly laid by Calvin in the subjects way, discovered, censured, and removed. By P.H.</title>
            <author>Heylyn, Peter, 1600-1662.</author>
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               <date>1658</date>
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            <note>Images scanned from microfilm: (Thomason Tracts ; 140:E935[3])</note>
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                  <title>The stumbling-block of disobedience and rebellion, cunningly laid by Calvin in the subjects way, discovered, censured, and removed. By P.H.</title>
                  <author>Heylyn, Peter, 1600-1662.</author>
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                  <publisher>printed by E. Cotes for Henry Seile over against St. Dunstans Church in Fleet street,</publisher>
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                  <date>1658.</date>
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                  <note>Running title reads: The stumbling-block of disobedience, &amp;c. discovered, censured and removed.</note>
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               <term>Calvin, Jean, 1509-1564.</term>
               <term>Church and state --  Early works to 1800.</term>
               <term>Kings and rulers --  Early works to 1800.</term>
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      <front>
         <div type="title_page">
            <pb facs="tcp:114881:1" rendition="simple:additions"/>
            <p>THE
STUMBLING-BLOCK
OF
Diſobedience and Rebellion,
Cunningly laid by <hi>Calvin</hi> in the Subjects way, 
Diſcovered, Cenſured, and Removed.</p>
            <p>By <hi>P. H.</hi>
            </p>
            <bibl>ROM. 14. 13.</bibl>
            <q>
               <p>Offendiculum fratri tuo ne ponas.</p>
               <p>Let no man put a Stumbling-block, or an occaſion to
fall, in his brothers way.</p>
            </q>
            <bibl>1 SAM. 24. 6.</bibl>
            <q>
               <p>And <hi>David</hi> ſaid to his men, The Lord forbid that I
ſhould do this thing unto my Maſter the Lords
anointed, to ſtretch forth my hand againſt him, ſeeing
he is the anointed of the Lord.</p>
            </q>
            <p>
               <hi>LONDON,</hi>
Printed by <hi>E. Cotes</hi> for <hi>Henry Seile</hi> over againſt St. <hi>Dunſtans</hi>
Church in <hi>Fleet-ſtreet,</hi> 1658.</p>
         </div>
         <div type="preface">
            <pb facs="tcp:114881:2"/>
            <pb facs="tcp:114881:2"/>
            <head>THE PREFACE.</head>
            <p>
               <seg rend="decorInit">I</seg>T will appear to any
who ſhal read this <hi>Trea<g ref="char:EOLhyphen"/>tiſe,</hi>
that it was written
in the times of <hi>Monar<g ref="char:EOLhyphen"/>chical</hi>
Government, but
in the later and decli<g ref="char:EOLhyphen"/>ning
times thereof,
when the change of that Government was
in agitation, and in part effected. In which
reſpect I doubt not but the publiſhing of
<pb facs="tcp:114881:3"/>
this Diſcourſe at this preſent time may
ſeem unſeaſonable unto ſome, and yet it may
be thought by others to come out ſeaſon<g ref="char:EOLhyphen"/>ably
enough for theſe following reaſons.</p>
            <p>1. To give warning to all thoſe that are
in Supreme Authority to have a care un<g ref="char:EOLhyphen"/>to
themſelves, and not to ſuffer any <hi>Popu<g ref="char:EOLhyphen"/>lar</hi>
and <hi>Tribunitian</hi> Spirits to grow amongſt
them; who grounding upon <hi>Calvins</hi> Do<g ref="char:EOLhyphen"/>ctrine,
both may, and will upon occaſion,
create new diſturbances.</p>
            <p>2. To preſerve the Dignity of the Su<g ref="char:EOLhyphen"/>preme
Power, in what Perſon ſoever it be
placed, and fix his Perſon in his own
proper Orb, the <hi>Primum Mobile</hi> of Go<g ref="char:EOLhyphen"/>vernment,
brought down of late, to be
but one of the <hi>three Eſtates,</hi> and move
in the ſame Planetary Sphere with the
other two.</p>
            <p>3. To keep on foot the claim and Title
of the Clergy unto the Reputation, Rights,
and Priviledges of the <hi>Third Eſtate,</hi> which
doth of right belong unto them; and
which the Clergy have antiently enjoyed
<pb facs="tcp:114881:3"/>
in all, and to this day in moſt Chriſtian
Kingdoms.</p>
            <p>4. To ſhew unto the world, on whoſe
authority the <hi>Presbyterians</hi> built their dam<g ref="char:EOLhyphen"/>nable
Doctrine, not only of curbing and
reſtraining the power of Princes, but alſo
of depoſing them from their Regal Dignity,
whenſoever they ſhall pleaſe to pretend cauſe
for it. For when the <hi>Scotch</hi> Commiſſion<g ref="char:EOLhyphen"/>ers
were commanded by Queen <hi>Elizabeth</hi>
to give a reaſon of their proceedings againſt
their Queen, whom not long before they
had depoſed from the Regal Throne; they
juſtified themſelves by thoſe words of <hi>Cal<g ref="char:EOLhyphen"/>vin,</hi>
which I have choſen for the Argument
of this Diſcourſe. <hi>By the authority of</hi> Cal<g ref="char:EOLhyphen"/>vin
(as my Author hath it) <hi>they endeavoured
to prove, that the</hi> Popular Magiſtrates <hi>are
appointed and made to moderate and keep in
order the exceſs and unrulineſs of Kings; and
that it is lawful for them to put the Kings
that be evill and wicked into priſon, and alſo
to deprive them of their Kingdoms.</hi> If theſe
reaſons ſhall not prove the <hi>ſeaſonableneſs</hi> of
<pb facs="tcp:114881:4"/>
this Adventure, I am the more to be con<g ref="char:EOLhyphen"/>demned
for my indiſcretion, the ſhame
whereof I muſt endure as well as I can.
This being ſaid in order to my <hi>juſtification,</hi>
I muſt add ſomewhat of the Book or <hi>Diſ<g ref="char:EOLhyphen"/>courſe</hi>
it ſelf; in which the canvaſſing and
confuting of <hi>Calvins</hi> Grounds about the
<hi>Ephori</hi> of <hi>Sparta,</hi> the <hi>Tribunes</hi> of <hi>Rome,</hi> and
the <hi>Demarchi</hi> of <hi>Athens,</hi> hath forced me up<g ref="char:EOLhyphen"/>on
many Quotations both <hi>Greek</hi> and <hi>La<g ref="char:EOLhyphen"/>tine;</hi>
which to the <hi>learned</hi> Reader will ap<g ref="char:EOLhyphen"/>pear
neither ſtrange nor difficult. And for
the ſake of the <hi>unlearned,</hi> which are not
ſo well verſt and ſtudyed in forein
Languages, I have kept my ſelf to the di<g ref="char:EOLhyphen"/>rection
of St. <hi>Paul,</hi> not ſpeaking any where
in a <hi>ſtrange tongue</hi> without an <hi>Interpre<g ref="char:EOLhyphen"/>ter,</hi>
the ſenſe of every ſuch Quotation being
either declared before, or delivered after
it. Laſtly, whereas the Name of <hi>Appius
Claudius</hi> doth many times occur in the Hi<g ref="char:EOLhyphen"/>ſtory
of the <hi>Roman Tribunes,</hi> it is not always
to be underſtood of the ſame Man, but of
diverſe men of the ſame Name in their
<pb facs="tcp:114881:4"/>
ſeveral Ages; as the name of <hi>Caeſar</hi> in the
<hi>New Teſtament</hi> ſignifieth not one man but
three, that is to ſay, the Emperor <hi>Tiberius</hi> in
the Goſpels, <hi>Claudius</hi> in the Book of the <hi>Acts,</hi>
and that moſt bloudy Tyrant <hi>Nero</hi> in the
Epiſtle to the <hi>Philippians.</hi> Which being pre<g ref="char:EOLhyphen"/>miſed,
I ſhall no longer keep the Reader in
Portch or Entrance; but let him take a view
of the Houſe it ſelf, the ſeveral Rooms, Ma<g ref="char:EOLhyphen"/>terials,
and Furniture of it; long Prefaces to
no long Diſcourſes, being like the Gates of
<hi>Mindum</hi> amongſt the Antients, which were
too great and large for ſo ſmall a City.</p>
         </div>
         <div type="argument">
            <pb facs="tcp:114881:5"/>
            <head>The Argument &amp; occaſion of this following Treatiſe.</head>
            <head type="sub">Joh. Calvini Inſtitution. Lib. 4. cap. 20. ſect. 31.</head>
            <p>NE<expan>
                  <am>
                     <g ref="char:abque"/>
                  </am>
                  <ex>que</ex>
               </expan> enim ſi ultio
Domini eſt effrenatae
dominationis correctio, ideo
protinus demandatam nobis
arbitremur; quibus nullum
aliud quam <hi>parendi</hi> &amp; <hi>pa<g ref="char:EOLhyphen"/>tiendi</hi>
datum eſt Manda<g ref="char:EOLhyphen"/>tum.
De privatis homini<g ref="char:EOLhyphen"/>bus
ſemper loquor. Nam <hi>ſi<g ref="char:EOLhyphen"/>qui</hi>
nunc ſint <hi>Populares
Magiſtratus</hi> ad moderan<g ref="char:EOLhyphen"/>dum
Regum libidinem con<g ref="char:EOLhyphen"/>stituti
(quales olim erant qui
<hi>Lacedaemoniis Regibu<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>
               </hi>
oppoſiti erant <hi>Ephori;</hi> aut
<hi>Romanis</hi> Conſulibus <hi>Tri<g ref="char:EOLhyphen"/>buni
Plebis,</hi> aut <hi>Atheni<g ref="char:EOLhyphen"/>enſium</hi>
Senatui <hi>Demar<g ref="char:EOLhyphen"/>chi;</hi>
&amp; qua etiam forte po<g ref="char:EOLhyphen"/>teſtate,
<hi>ut nunc res ha<g ref="char:EOLhyphen"/>bent,</hi>
funguntur in ſingu<g ref="char:EOLhyphen"/>lis
Regnis <hi>tres Ordines,</hi>
cum primarios Conventus pe<g ref="char:EOLhyphen"/>ragunt)
adeo illos ferocienti
<hi>Regum</hi> licentiae, pro officio,
intercedere non veto, ut ſi
<hi>Regibus</hi> impotenter gr<gap reason="illegible" resp="#TECH" extent="1 letter">
                  <desc>•</desc>
               </gap>ſ<g ref="char:EOLhyphen"/>ſantibus,
&amp; humili plebecu<g ref="char:EOLhyphen"/>lae
inſultantibus conniveant;
eorum diſſimulationem nefa<g ref="char:EOLhyphen"/>ria
perfidia non carere af<g ref="char:EOLhyphen"/>firmem,
qua populi liber<g ref="char:EOLhyphen"/>tatem
(cujus ſe, Dei or<g ref="char:EOLhyphen"/>dinatione,
tutores poſitos
norunt) fraudulenter pro<g ref="char:EOLhyphen"/>dunt.</p>
            <p>NOr may we think becauſe
the puniſhment of licenti<g ref="char:EOLhyphen"/>ous
Princes doth belong to
God, that preſently this power
is devolved on us, to whom no
other warrant hath been given
by God but only to obey and
ſuffer. But ſtill I muſt be un<g ref="char:EOLhyphen"/>derſtood
of private perſons.
For if there be now any <hi>popular
Officers</hi> ordained to moderate
the licentiouſneſs of Kings
(ſuch as were the <hi>Ephori,</hi> ſet up
of old againſt the Kings of
<hi>Sparta;</hi> the <hi>Tribunes of the peo<g ref="char:EOLhyphen"/>ple</hi>
againſt the <hi>Roman</hi> Conſuls,
and the <hi>Demarchi</hi> againſt the
<hi>Athenian</hi> Senate; and with w<hi rend="sup">ch</hi>
power perhaps, as the world
now goes, the <hi>three Estates</hi> are
ſeized in each ſeveral Kingdom,
when they are ſolemnly aſſem<g ref="char:EOLhyphen"/>bled)
ſo far am I from hindring
them to put reſtraints upon the
exorbitant power of Kings, as
their Office bindes them; that
I conceive them rather to be
guilty of a perfidious diſſimula<g ref="char:EOLhyphen"/>tion,
if they connive at Kings
when they play the Tyrants, or
wantonly inſult on the com<g ref="char:EOLhyphen"/>mon
people, in that they trea<g ref="char:EOLhyphen"/>cherouſly
betray the Subjects
Liberties; of which they knew
they were made Guardians by
Gods own Ordinance.</p>
         </div>
         <div type="summary_of_contents">
            <pb facs="tcp:114881:5"/>
            <head>Syllabus Capitum.</head>
            <div n="1" type="chapter">
               <head>CHAP. I. The Doctrine of Obedience laid down by
Calvin; and of the Popular Officers, ſup<g ref="char:EOLhyphen"/>poſed
by him, whereby he overthroweth that
Doctrine.</head>
               <list>
                  <item>(I) THe purpoſe and deſign of the work in hand.</item>
                  <item>(II) The Doctrine of Obedience unto Kings and
Princes, ſoundly and piouſly laid down by <hi>CALVIN.</hi>
                  </item>
                  <item>(III) And that not only to the <hi>good and gratious,</hi> but even
to cruel Princes and ungodly Tyrants.</item>
                  <item>(IV) With Anſwer unto ſuch Objections as are made a<g ref="char:EOLhyphen"/>gainſt
it.</item>
                  <item>(V) The principles of <hi>Diſobedience</hi> in the ſuppoſal of
ſome popular Officers ordained of purpoſe to regulate the power
of Kings.</item>
                  <item>(VI) How much the practiſe of <hi>CALVINS</hi> followers
doth differ from their Masters <hi>doctrine</hi> in the point of Obe<g ref="char:EOLhyphen"/>dience.</item>
                  <pb facs="tcp:114881:6"/>
                  <item>(VII) Several Articles and points of <hi>Doctrine</hi> wherein
the <hi>Diſciples</hi> of <hi>CALVIN</hi> are departed from him.</item>
                  <item>(VIII) More of the differences in point of <hi>Doctrine</hi> be<g ref="char:EOLhyphen"/>tween
the <hi>Maſter</hi> and his <hi>Scholars.</hi>
                  </item>
                  <item>(IX) The dangerous conſequences which ariſe from his faulty
principles in the point or Article of <hi>Diſobedience.</hi>
                  </item>
                  <item>(X) The Method and diſtribution of the following work.</item>
               </list>
            </div>
            <div n="2" type="chapter">
               <head>CHAP. II. Of the Authority of the Ephori in the State of
Sparta; and that they were not inſtituted for
the ends ſuppoſed by Calvin.</head>
               <list>
                  <item>(I) <hi>The Kings of Sparta</hi> abſolute Monarchs at the
firſt.</item>
                  <item>(II) <hi>Of the condition</hi> of that State when <hi>Lycurgus</hi> un<g ref="char:EOLhyphen"/>dertook
to <hi>change the</hi> Government.</item>
                  <item>(III) <hi>What power</hi> Lycurgus <hi>gave</hi> the Senate; and what
was left unto the Kings.</item>
                  <item>(IV) The <hi>Ephori</hi> appointed by the <hi>Kings</hi> of <hi>Sparta</hi> to
eaſe themſelves and curb the <hi>Senate.</hi>
                  </item>
                  <item>(V) The blundering and miſtakes of <hi>Joſeph Sc<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>liger,</hi>
about the firſt inſtitution of the <hi>Ephori.</hi>
                  </item>
                  <item>(VI) <hi>The Ephori</hi> from mean beginnings grow to great
<hi>Authority; and</hi> by what advantages.</item>
                  <item>(VII) <hi>The power and influence which</hi> they had in the
publick Government.</item>
                  <item>(VIII) By what degrees the <hi>Ephori</hi> incroached on the
<hi>Spartan Kings.</hi>
                  </item>
                  <item>(IX) The inſolencies of the <hi>Ephori</hi> towards their
<hi>Kings</hi> altered the <hi>State into a Tyranny.</hi>
                  </item>
                  <pb facs="tcp:114881:6"/>
                  <item>(X) The <hi>Spartan Kings</hi> ſtomach the inſolencie of the
<hi>Ephori,</hi> and at laſt utterly deſtroy them.</item>
                  <item>(XI) An <hi>application</hi> of the former paſſages to the <hi>point</hi>
in hand.</item>
               </list>
            </div>
            <div n="3" type="chapter">
               <head>CHAP. III. Of the Incroachment of the Tribunes on the
State of Rome; and that they were not in<g ref="char:EOLhyphen"/>ſtituted
for the ends ſuppoſed by Calvin.</head>
               <list>
                  <item>(I) The <hi>Tribunes</hi> of the People why firſt inſtituted in the
State of <hi>Rome.</hi>
                  </item>
                  <item>(II) The <hi>Tribunes</hi> fortifie themſelves with large <hi>immu<g ref="char:EOLhyphen"/>nities</hi>
before they went about to <hi>change</hi> the Government.</item>
                  <item>(III) The <hi>Tribunes</hi> no ſooner in their Office, but they ſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>t
themſelves againſt the Nobility and the Senate, contrary to the Ar<g ref="char:EOLhyphen"/>ticles
of their Inſtitution.</item>
                  <item>(V) The many and dangerous <hi>Seditions</hi> occaſioned by the
<hi>Tribunes</hi> in the City of <hi>Rome.</hi>
                  </item>
                  <item>(VI) The Tribunes and the People doe agree together to
<hi>change</hi> the Government of the State.</item>
                  <item>(VII) By what degrees the <hi>People</hi> came to be poſſeſſed of
all Offices in the <hi>State,</hi> both of Power and Dignity.</item>
                  <item>(VIII) The Plots and practiſes of the <hi>Gracchi,</hi> to put the
power of Judicature and Supreme Majeſty of the <hi>State</hi> into the
hands of the People.</item>
                  <item>(IX) The Tribunes take upon them to <hi>commit</hi> the <hi>Con<g ref="char:EOLhyphen"/>ſuls,</hi>
and bring all the <hi>Officers</hi> of the <hi>State</hi> under their com<g ref="char:EOLhyphen"/>mand.</item>
                  <item>(X) The <hi>Office</hi> and Authority of the <hi>Tribunes</hi> reduced
<pb facs="tcp:114881:7"/>
unto its antient bounds by <hi>Cornelius Sylla,</hi> and at laſt utterly
deſtroyed.</item>
                  <item>(XI) An Application of the former paſſages to the point
in hand.</item>
               </list>
            </div>
            <div n="4" type="chapter">
               <head>CHAP. IV. Of what Authority the DEMARCHI were
in the State of ATHENS; and of the
danger and unfitneſs of the inſtances pro<g ref="char:EOLhyphen"/>duced
by CALVIN.</head>
               <list>
                  <item>(I) <hi>Athens</hi> firſt governed by Kings, and afterwards by one
<hi>S<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>veraign</hi> Prince under other Titles.</item>
                  <item>(II) The <hi>Annual Magiſtrates</hi> of <hi>Athens</hi> what they were,
and of what Authority.</item>
                  <item>(III) By whom and by what degrees the State of <hi>Athens</hi>
was reduced to <hi>Democratie.</hi>
                  </item>
                  <item>(IV) Of the Authority of the Senate, and the famous
Court of the <hi>Areopagites.</hi>
                  </item>
                  <item>(V) What the <hi>Demarchi</hi> were in the State of <hi>Athens,</hi>
and of what Authority.</item>
                  <item>(VI) The <hi>Demarchi</hi> never were of power to oppoſe the <hi>Se<g ref="char:EOLhyphen"/>nate,</hi>
nor were ordained to that end.</item>
                  <item>(VII) <hi>Calvins</hi> ill luck in making choice of three ſuch inſtances,
which if true would not ſerve his turn.</item>
                  <item>(VIII) The danger which lieth hidden under the deſign of ſuch
<hi>Popular Magiſtrates,</hi> as are here inſtanced in by <hi>Calvin.</hi>
                  </item>
                  <item>(IX) What moved <hi>Calvin</hi> to lay theſe dangerous <hi>Stum<g ref="char:EOLhyphen"/>bling
blockt</hi> in the Subjects way.</item>
                  <item>(X) The dangerous Seditions and practiſes which have hence
<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>nſued in moſt parts of <hi>Europe.</hi>
                  </item>
                  <item>(XI) The Sect<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>f <hi>Calvin</hi> profeſſed Enemies to <hi>Monarchy,</hi>
and the Power of Princes.</item>
               </list>
            </div>
            <div n="5" type="chapter">
               <pb facs="tcp:114881:7"/>
               <head>CHAP. V. What are the Three Eſtates in each ſeveral
Kingdom, of which CALVIN ſpeaks;
and what they are particularly in the Realm
of ENGLAND.</head>
               <list>
                  <item>(I) Of the diviſion of a people into <hi>Three Eſtates;</hi> and
that the <hi>Prieſts</hi> and <hi>Clergy</hi> have been always <hi>one.</hi>
                  </item>
                  <item>(II) The <hi>Prieſts</hi> imployed in <hi>Civil</hi> Matters and Affairs of
State, by the <hi>Egyptians,</hi> and the <hi>Perſians,</hi> the <hi>Greeks, Gauls,</hi>
and <hi>Romans.</hi>
                  </item>
                  <item>(III) The <hi>Prieſts</hi> and <hi>Levites</hi> exerciſed in Affairs of <hi>Civil</hi>
Government by Gods own appointment.</item>
                  <item>(IV) The <hi>Prelates</hi> verſed in <hi>Civil</hi> Matters and Affairs of
State in the beſt and happieſt times of Chriſtianity.</item>
                  <item>(V) The Clergy make the third Eſtate in <hi>Germany, France,
Spain,</hi> and the Northern Kingdoms.</item>
                  <item>(VI) That antiently in the <hi>Saxons</hi> times the <hi>Eccleſiaſticks</hi>
of this Realm were called to all <hi>publick</hi> Councels.</item>
                  <item>(VII) The Prelates an eſſential fundamental part of the <hi>Eng<g ref="char:EOLhyphen"/>liſh
Parliament.</hi>
                  </item>
                  <item>(VIII) Objections anſwered, and that the word <hi>Clerus</hi> in
the Legal notion doth not extend unto the Prelates.</item>
                  <item>(IX) That the inferior <hi>Clergy</hi> of the Realm of <hi>England</hi>
had antiently their votes in <hi>Parliament</hi> to all intents and purpoſes
as the <hi>Commons</hi> had.</item>
                  <item>(X) Objections anſwered, and that the calling of the <hi>Clergy</hi>
to <hi>Parliaments</hi> and <hi>Convocations</hi> were after different manners,
and by ſeveral Writs.</item>
                  <item>(XI) The great Diffranchiſement and Slavery obtruded on
the <hi>Engliſh Clergy,</hi> by the depriving of the <hi>Biſhops</hi> of their
<hi>Votes</hi> in <hi>Parliament.</hi>
                  </item>
                  <item>(XII) A brief diſcuſſion of the queſtion, Whether that any two of
the <hi>three Eſtates,</hi> conſpiring or agreeing together, can conclude any
thing unto the prejudice of the third.</item>
               </list>
            </div>
            <div n="6" type="chapter">
               <head>CHAP. VI. That the three Eſtates of every Kingdom whereof
CALVIN ſpeaks, have no authority either to
regulate the power, or controll the actions of the
Soveraign Prince.</head>
               <list>
                  <item>(I) The Biſhops and Clergy of <hi>England,</hi> not the King, make
the <hi>third Eſtate;</hi> and of the dangerous, conſequences which may fol<g ref="char:EOLhyphen"/>low
on the contrary <hi>Tenet.</hi>
                  </item>
                  <item>(II) The different influence of the three Eſtates upon <hi>condi<g ref="char:EOLhyphen"/>tional</hi>
Princes, and an <hi>abſolute</hi> Monarch.</item>
                  <item>(III) The <hi>Sanh<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>drim</hi> of no <hi>authority</hi> over the <hi>perſons</hi> or
the <hi>actions</hi> of the Kings of <hi>Judah.</hi>
                  </item>
                  <item>(IV) The <hi>three Eſta<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>es</hi> in <hi>France</hi> of how ſmall <hi>authority</hi>
over the actions of that King.</item>
                  <item>(V) The Kings of <hi>Spain</hi> not over-ruled or regulated by the
<hi>three Eſtates.</hi>
                  </item>
                  <item>(VI) Of what <hi>authority</hi> they have been antiently in the
Parliaments of <hi>Scotland.</hi>
                  </item>
                  <item>(VII) The King of <hi>England</hi> always accounted heretofore for
an abſolute <hi>Monarch.</hi>
                  </item>
                  <item>(VIII) No part of <hi>Soveraigntie</hi> inveſted <hi>legally</hi> in the
<hi>Engliſh</hi> Parliaments.</item>
                  <item>(IX) The <hi>three Eſtates</hi> aſſembled in the <hi>Parliament</hi> of
<hi>England,</hi> ſubordinate unto the King, not <hi>co-ordinate</hi> with him.</item>
                  <item>(X) The <hi>Legiſlative</hi> power of <hi>Parliaments</hi> is properly and
<hi>legally</hi> in the <hi>King</hi> alone.</item>
                  <item>(XI) In what particulars the power of the <hi>Engliſh</hi> Parliaments
doth conſiſt eſpecially.</item>
                  <item>(XII) The Kings of <hi>England</hi> ordinarily over-rule their <hi>Par<g ref="char:EOLhyphen"/>liaments,</hi>
by themſelves, their <hi>Counſel</hi> and their <hi>Judges.</hi>
                  </item>
                  <item>(XIII) Objections anſwered touching the power and practiſe of
ſome former Parliaments, and the Teſtimonies given unto them.</item>
                  <item>(XIV) No ſuch Authority given by God in holy Scripture to
any popul<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>r Magiſtrates, as <hi>Calvin</hi> dreams of and pretends.</item>
                  <item>(XV) The Application and Concluſion of the whole diſcourſe.</item>
               </list>
            </div>
         </div>
      </front>
      <body>
         <div type="text">
            <pb n="1" facs="tcp:114881:8"/>
            <head>THE
STVMBLING-BLOCK
OF
Diſobedience and Rebellion,
Cunningly laid by CALVIN in the
Subjects way,
Diſcovered, Cenſured and Removed.</head>
            <div n="1" type="chapter">
               <head>CHAP. I. The Doctrine of Obedience laid down by
CALVIN; and of the Popular Offi<g ref="char:EOLhyphen"/>cers
ſuppoſed by him, whereby he overthrow<g ref="char:EOLhyphen"/>eth
that Doctrine.</head>
               <list>
                  <item>(I) The purpoſe and deſign of the work in hand.</item>
                  <item>(II) The Doctrine of <hi>Obedience</hi> unto Kings
and Princes, ſoundly and piouſly laid down by <hi>CAL<g ref="char:EOLhyphen"/>VIN.</hi>
                  </item>
                  <pb n="2" facs="tcp:114881:9"/>
                  <item>(III) And that not only to the <hi>good and graci<g ref="char:EOLhyphen"/>ous,</hi>
but even to <hi>cruel Princes</hi> and ungodly <hi>Ty<g ref="char:EOLhyphen"/>rants;</hi>
                  </item>
                  <item>(IV) With Anſwer unto ſuch <hi>Objections</hi> as are
made againſt it.</item>
                  <item>(V) The Principles of <hi>Diſobedience</hi> in the ſup<g ref="char:EOLhyphen"/>poſal
of ſome <hi>popular Officers</hi> ordained of purpoſe,
to regulate the power of Kings.</item>
                  <item>(VI) How much the practiſe of <hi>CALVIN</hi>'s
followers doth differ from their <hi>Maſters</hi> Doctrine in
the point of <hi>Obedience.</hi>
                  </item>
                  <item>(VII) Several Articles and points of <hi>Doctrine,</hi>
wherein the <hi>Diſciples</hi> of <hi>CALVIN</hi> are departed
from him.</item>
                  <item>(VIII) More of the differences in point of <hi>Do<g ref="char:EOLhyphen"/>ctrine</hi>
betwixt the <hi>Maſter</hi> and his <hi>Scholars.</hi>
                  </item>
                  <item>(IX) The dangerous conſequences which ariſe
from his faulty Principles, in the point or Article
of <hi>Diſobedience.</hi>
                  </item>
                  <item>(X) The method and diſtribution of the fol<g ref="char:EOLhyphen"/>lowing
Work.</item>
               </list>
               <p>
                  <seg rend="decorInit">S</seg>Ome <hi>Writers</hi> may be likened unto
<hi>Jeremies Figs,</hi>
                  <note n="b" place="margin">Ierem. 24<g ref="char:punc">▪</g> 4.</note> of which the Pro<g ref="char:EOLhyphen"/>phet
ſaith, that if they were <hi>good,</hi>
they were <hi>very good;</hi> if <hi>evil, very
evil,</hi> ſuch as could <hi>not be eaten they
were ſo evil.</hi> Of ſuch a temper and eſteem was
<hi>Origen</hi> amongſt the Ancients, of whom it was ob<g ref="char:EOLhyphen"/>ſerved
(not without good cauſe) that in his Ex<g ref="char:EOLhyphen"/>poſitions
on the Book of God and other learned
<pb n="3" facs="tcp:114881:9"/>
                  <hi>Tractates</hi> which he writ and publiſhed, <hi>where he
did well, none could do it better,</hi> and <hi>where he failed
at all, no man erred more groſly.</hi> And of this ſort
and compoſition was Mr. <hi>Calvin</hi> of <hi>Geneva,</hi> then
whom there is not any <hi>Miniſter</hi> of the <hi>Reformed
Churches</hi> be<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ond the ſeas, who hath more poſi<g ref="char:EOLhyphen"/>tively
and expreſly laid down the <hi>Doctrine of Obe<g ref="char:EOLhyphen"/>dience</hi>
unto Kings and Princes, and the <hi>unlawful<g ref="char:EOLhyphen"/>neſs
of Subjects taking Arms againſt their Sove<g ref="char:EOLhyphen"/>raign;</hi>
nor opened a more dangerous gap to <hi>diſ<g ref="char:EOLhyphen"/>obedience</hi>
and <hi>rebellions</hi> in moſt States of Chriſten<g ref="char:EOLhyphen"/>dome.
In which it is moſt ſtrange to ſee how
prone we are, (ſuch is the frailty and corruption
of our ſinful nature) <hi>to refuſe the good, and chooſe the
evill;</hi> to take no notice of his words when it moſt
concerns us, when we are plainly told our duties
both to God and man; and on the other ſide to
take his words for <hi>Oracles,</hi> his judgement for infal<g ref="char:EOLhyphen"/>lible,
all his <hi>Geeſe</hi> for <hi>Swans,</hi> when he ſaith any
thing which may be uſeful to our purpoſes, or ſerve
to the advancement of our lewd deſigns. The cre<g ref="char:EOLhyphen"/>dit
and authority of the man was deſervedly great
amongſt the people where he lived; and in ſhort
time of ſuch authority and eſteem in the world
abroad, that his works were made the only rule
to which both <hi>Diſcipline</hi> and <hi>Doctrine</hi> was to be
conformed: and if a Controverſie did ariſe either
in <hi>points Dogmatical,</hi> or a <hi>caſe of Conſcience,</hi> his
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> was ſufficient to <hi>determine</hi> in it, at leaſt
to <hi>ſilence</hi> the <hi>gain-ſayers.</hi> And as it is obſerved in the
works of Nature, that <hi>corruptio optimi eſt peſſima,</hi>
and that the ſweeteſt meats make the ſowreſt ex<g ref="char:EOLhyphen"/>crements;
<pb n="4" facs="tcp:114881:10"/>
ſo the opinion and eſteem which ſome
of the <hi>Reformed Churches</hi> had conceived of him
(which to ſay the truth was great and eminent)
and the ill uſe they made of ſome words and paſ<g ref="char:EOLhyphen"/>ſages
in his writings, which moſt unfortunately
ſerved to advance their purpoſes, have been the
ſad occaſion of thoſe wars and miſeries, which al<g ref="char:EOLhyphen"/>moſt
all the Weſtern parts of Chriſtendome, have
been ſo fatally involved in ſince the times he lived.
Which words and paſſages as they are cautelouſ<g ref="char:EOLhyphen"/>ly
laid down, and compaſſed round with many
fair expreſſions of affection to the <hi>Supreme</hi> Powers,
that they might paſs without diſcovery, and be
the ſooner ſwallowed by unwary men: ſo by his
followers (who are exceeding <hi>wiſe in their ge<g ref="char:EOLhyphen"/>nerations</hi>)
have they been hidden and concealed
with all art that may be. For though they build
their dangerous Doctrines upon his foundation,
and toſs this <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, this ball of diſcord and
diſſenſion from one hand to another; yet do they
very cunningly conceal their Author, and never
uſe his name to confirm their <hi>Tenets.</hi> And this
they do upon this reaſon, that if their Doctrine
give offence unto <hi>Chriſtian</hi> Princes, and any of their
Pamphlets be to feel the fire, or otherwiſe come
under any publick cenſure, (as not long ſince hap<g ref="char:EOLhyphen"/>ned
to <hi>Paraeus</hi>) the Patron of their Sect might
eſcape untouched, and his authority remain un<g ref="char:EOLhyphen"/>queſtioned,
to give new life unto their hopes at ano<g ref="char:EOLhyphen"/>ther
time. In which reſpects, and withall ſeeing
that the heads of this monſtrous <hi>Hydra</hi> of ſedition
do grow the faſter for the cutting, and that the
<pb n="5" facs="tcp:114881:10"/>
lopping off the <hi>Branches</hi> keeps the <hi>trunk</hi> the freſher;
I ſhall paſs by the petit Pamphleters of theſe times,
and ſtrike directly at the head; and without med<g ref="char:EOLhyphen"/>ling
with the boughs or <hi>branches,</hi> will lay my <hi>Axe</hi>
immediately <hi>to the root of the tree,</hi> and bring the
firſt Author of theſe factious and <hi>Antimonarchical</hi>
Principles (which have ſo long diſturbed the peace
of Chriſtendome) to a publick trial. A dangerous
and invidious undertaking I muſt needs confeſs;
but for my Countreys and the Truthes ſake, I
will venture on it: and in purſuance of the ſame
will firſt lay down the doctrine of Obedience as by
him delivered, which I ſhall faithfully tranſlate
without <hi>gloſſe</hi> or <hi>deſcant;</hi> and next compare his
<hi>Doctrine</hi> with our preſent <hi>practiſe,</hi> noting wherein
his <hi>Scholars</hi> have forſook their <hi>Maſter,</hi> with ap<g ref="char:EOLhyphen"/>plication
unto thoſe who do moſt admire him:
and finally I ſhall diſcover and remove that <hi>Stum<g ref="char:EOLhyphen"/>bling-block</hi>
which he hath cunningly laid before us,
(but hid ſo ſecretly that it can hardly be diſcerned)
at which ſo many a man hath ſtumbled, both to
the breaking of his own neck and his neighbours
too. This is the race that I am to <hi>run;</hi> the <hi>prize</hi>
I aim at is no other, then for as much as in me lieth
to <hi>do good to all men,</hi> to <hi>thoſe eſpecially</hi> who think
themſelves to be <hi>of the houſhold of Faith.</hi> And
therefore <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, Let us on in Gods Name.</p>
               <q rend="inline margQuotes">
                  <p>
                     <milestone type="tcpmilestone" unit="unspecified" n="II"/>"2. <hi>Subditorum erga ſuos</hi> Magiſtratus <hi>Officium
primum eſt,</hi>
                     <note place="margin">Calvin. Inſtit. l. 4. c. 20. ſect. 22.</note> 
                     <hi>de eorum functione quàm honorificen<g ref="char:EOLhyphen"/>tiſsimè
ſentire, &amp;c.</hi> The firſt duty of the Sub<g ref="char:EOLhyphen"/>jects
towards their <hi>Magiſtrates,</hi> is to think won<g ref="char:EOLhyphen"/>drous
<pb n="6" facs="tcp:114881:11"/>
honourably of their place and function,
which they acknowledge to be a juriſdiction de<g ref="char:EOLhyphen"/>legated
by Almighty God; and therefore are by
conſequence <hi>to reſpect and reverence them,</hi> as the
Miniſters and Deputies of God. For ſome there
are, who very dutifully do behave themſelves to<g ref="char:EOLhyphen"/>ward
their <hi>Magiſtrates,</hi> and would have all men
do the like, becauſe they think it moſt expedi<g ref="char:EOLhyphen"/>ent
for the <hi>Common-wealth,</hi> and yet eſteem no
otherwiſe of them then of ſome <hi>neceſſary evils</hi>
which they cannot want. But St. <hi>Peter</hi> looks for
more then this,<note place="margin">1 Pet. 2. 17.</note> when he commandeth us to <hi>honour
the King;</hi> and ſo doth <hi>Solomon</hi> alſo where he re<g ref="char:EOLhyphen"/>quires
us to <hi>fear God and the King.</hi>
                     <note place="margin">Prov. 24. 21.</note> For the
firſt under the the term of <hi>honouring,</hi> compre<g ref="char:EOLhyphen"/>hends
a <hi>good eſteem, a fair opinion;</hi> the other
joyning <hi>God and the King</hi> together, ſhewes plainly
that in the perſon of a <hi>King</hi> there is a ray of ſa<g ref="char:EOLhyphen"/>cred
majeſty. And that of <hi>Paul</hi> is richly worth
our obſervation, where he commands us to obey,
<hi>not for wrath only,</hi>
                     <note place="margin">Rom. 13. 5.</note> 
                     <hi>but for conſcience ſake.</hi> By
which he means, that <hi>Subjects</hi> are not only to
contain themſelves within the bounds of their
<hi>obedience,</hi> for <hi>fear</hi> they ſhould incurre the anger
and diſpleaſure of their <hi>Prince</hi> or <hi>Governor</hi> (as
men ſubmit themſelves to an <hi>armed enemy,</hi> whom
they ſee ready to chaſtiſe them, if they ſhould <hi>re<g ref="char:EOLhyphen"/>ſiſt</hi>);
but alſo to perſwade themſelves that the
expreſſions of their duties which they make to
them, are made indeed to God himſelf, from
whom what ever power they have is devolved
upon them. Nor ſpeak I of the men themſelves,
<pb n="7" facs="tcp:114881:11"/>
as if the vizard of authority were enough to hide
either their follies or their ſloth, on their luſts or
cruelties, or gain the name of virtues to their
filthieſt vices, but that the function is ſo venera<g ref="char:EOLhyphen"/>ble
and ſo full of honour, that they who execute
the ſame and <hi>bear rule over us,</hi> are to be worthily
eſteemed and reverenced for their Office ſake.</p>
                  <p>"The ſecond duty of the Subjects doth ariſe
from this,<note place="margin">SECT. 23.</note> which is that we expreſs the reverence
and reſpect which we owe unto them by the acti<g ref="char:EOLhyphen"/>ons
of <hi>obedience;</hi> whether it be in yeelding
obedience to their <hi>Lawes,</hi> or in paying tributes,
or undergoing ſuch publick ſervices and burdens,
as do relate unto the preſervation of the publick,
or executing ſuch commands as are laid upon
us. <hi>Let every ſoul</hi> (ſaith <hi>Paul) be ſubject to the
higher powers;</hi>
                     <note place="margin">Rom. 13. 1.</note> 
                     <hi>for he that doth reſiſt the power
reſiſts the ordinance of God. Put them in minde</hi>
(ſaith he to <hi>Titus) to be ſubject to</hi> Principalities,<note place="margin">Tit. 3. 1.</note>
                     <hi>and powers, to obey</hi> Magiſtrates, <hi>and to be ready to
every good work.</hi> And <hi>Peter</hi> thus, <hi>Submit your
ſelves to every Ordinance of man for the</hi> Lords
<hi>ſake,</hi>
                     <note place="margin">1 Pet. 2. 13.</note> 
                     <hi>whether it be to the</hi> King<g ref="char:punc">▪</g> 
                     <hi>as Supreme, or unto</hi>
Governors <hi>as to thoſe which are</hi> ſent by him <hi>for
the puniſhment of evil doers, and for the praiſe of
them that do well.</hi> And to the end the ſubject
may not think that it is ſufficient to counter<g ref="char:EOLhyphen"/>feit
or pretend obedience in the outward ſhew,
but to perform it truly and ſincerely from the
very heart, <hi>Paul</hi> adds that we commend the
health and flouriſhing eſtate of thoſe under whom
we live,<note place="margin">1 Tim. 2. 1.</note> in our prayers to God. <hi>I exhort</hi> (ſaith
<pb n="8" facs="tcp:114881:12"/>
he) <hi>that firſt of all ſupplications, prayers, interceſ<g ref="char:EOLhyphen"/>ſions,
and giving of thanks be made for all men;
for Kings, and for all that are in authority, that
we may lead a quiet and peaceable life in all godli<g ref="char:EOLhyphen"/>neſs
and honeſty:</hi> Let no man here deceive him<g ref="char:EOLhyphen"/>ſelf.
For ſeeing the <hi>Magiſtrate</hi> cannot be <hi>re<g ref="char:EOLhyphen"/>ſiſted,</hi>
but that God is reſiſted alſo; though the
unarmed <hi>Magiſtrate</hi> may poſſibly be contemned
and ſlighted without fear of puniſhment, yet God
is armed ſufficiently to revenge thoſe inſolencies,
which are thus offered to himſelf in them. Now
under this <hi>obedience,</hi> I alſo do include that mo<g ref="char:EOLhyphen"/>deration
and diſcretion, which private perſons
ought to have and to impoſe upon themſelves as
a rule or law, that ſo they neither intermeddle in
affairs of State, nor invade the office of the Ma<g ref="char:EOLhyphen"/>giſtrate,
nor put themſelves on any publick un<g ref="char:EOLhyphen"/>dertakings;
if any thing be amiſs in the publick
Government, which ſtands in need of Reforma<g ref="char:EOLhyphen"/>tion,
it appertains not unto them to be tumul<g ref="char:EOLhyphen"/>tuouſly
active in it, or to put their hands unto the
work, whoſe hands are tied (and to be tied) on
all ſuch occaſions; but that they make it known
unto the Magiſtrate, whoſe hands are only left
at liberty to effect the ſame. My meaning is,
that they do nothing uncommanded. For when
the power or precept of the Governor doth in<g ref="char:EOLhyphen"/>tervene,
they are then armed with juſt autho<g ref="char:EOLhyphen"/>rity,
and may do accordingly. For as the Princes
Privy Councel are ſaid to be his Ears, and Eyes,
ſo thoſe inferiour Miniſters, by whom he exe<g ref="char:EOLhyphen"/>cuteth
his commands or mandates, are not unfitly
called his Hands."</p>
               </q>
               <q rend="inline margQuotes">
                  <p>
                     <pb n="9" facs="tcp:114881:12"/>
                     <milestone type="tcpmilestone" unit="unspecified" n="III"/>"3. The <hi>Magiſtrate</hi> being ſuch as he ought to
be,<note place="margin">SECT. 24.</note> and as before we have deſcribed him, that is
to ſay, The Father of the Countrey, the Shepheard
of his people, the preſerver of the publick peace,
the great diſtributer of juſtice, and the avenger
of the innocent; he muſt be ſomewhat more then
mad who is not pleaſed with ſuch a Government.
But ſeeing that all Ages do afford examples of
negligent and ſlothful Princes, who have no care
at all of the publick ſafety; of others who are ſo
intent of their private profit, as to make markets
of all laws and priviledges, and to expoſe their ju<g ref="char:EOLhyphen"/>ſtice
and their favours both unto open ſale: of
ſome who drain their peoples purſes to no other
end, but to maintain a vain and waſtful prodigali<g ref="char:EOLhyphen"/>tie,
and ſome who ſpend their time in nothing
more, then either the rifling of the ſubjects houſes,
the deflouring of their wives and daughters, or
in the ſlaughter of the innocent: that theſe ſhould
be received for Princes, and their commands
obeyed at all, even in lawful matters, is ſuch a
thing, as ſome will hardly be perſwaded to conſent
unto. For where men finde ſo much unworthi<g ref="char:EOLhyphen"/>neſs,
and ſuch filthy facts, as do not only miſ-be<g ref="char:EOLhyphen"/>come
a <hi>Magistrate,</hi> but a private perſon; when
they ſee no reſemblance of that Image of God,
which ought to ſhine moſt brightly in a Chriſtian
Magiſtrate; when they behold no track nor foot<g ref="char:EOLhyphen"/>ſtep
of ſuch a <hi>Minister of Gods,</hi> as is <hi>ordained</hi> for
the incouragement and <hi>praiſe</hi> of thoſe that <hi>do well,</hi>
and for the puniſhment of thoſe that are <hi>evil
<pb n="10" facs="tcp:114881:13"/>
doers:</hi> they take him not for ſuch a Governour
whoſe office and authoritie is extolled ſo highly
in the Scriptures. And to ſay truth, it hath been
always naturally implanted in the ſouls of men,
not more to love and reverence a juſt vertuous
Prince, then to abominate and deteſt an ungodly
Tyrant.</p>
                  <p>"But if we look into Gods Book,<note place="margin">SECT. 25.</note> we ſhall there
be taught not only to ſubmit our ſelves to the
command of thoſe Princes, who faithfully and
as they ought do diſcharge their office; but of all
thoſe who are advanced unto the higheſt place of
Government, though they do nothing leſs then per<g ref="char:EOLhyphen"/>form
their duties. For though the <hi>Magiſtrate</hi> be one
of the greateſt bleſſings given by God for the good
of mankind; and that he hath confined the Magi<g ref="char:EOLhyphen"/>ſtrate
within certain limits: yet he declares, that
whatſoever they are they do receive their power
from no hand but his<g ref="char:punc">▪</g> that if they principally do in<g ref="char:EOLhyphen"/>tend
the publick good, they are the greateſt teſti<g ref="char:EOLhyphen"/>monies
and examples of his goodneſs to us; if they
prove inſolent and unjuſt, they are the executioners
of his wrath and judgement for the ſins of the peo<g ref="char:EOLhyphen"/>ple;
that all are equally inveſted with that ſacred
Majeſty wherewith he hath apparelled the moſt
lawful powers. I ſhall proceed no further in this
preſent buſineſs, till I have made ſome proof of
that which is ſaid before. Not that I mean to
ſpend my time in the proof of this, that a wicked
King is one of Gods curſes on the earth: for be<g ref="char:EOLhyphen"/>ſides
that there is none who gainſay the ſame,
we ſhould ſay no more in this of Kings, then of
<pb n="11" facs="tcp:114881:13"/>
the Theef that ſteals thy goods, or the Adulterer
that defiles thy marriage bed, or the Murderer
that ſeeks thy life, all which are reckoned for
Gods curſes in the holy Scripture. The point we
purpoſe to make proof of, goeth not down
ſo eaſily; that is to ſay, That in the vileſt men,
and moſt unworthy of all honour, if they be once
advanced to the publick government, there doth
reſide that excellent and divine authoritie, which
God hath given in holy Scripture to thoſe who are
the <hi>Miniſters</hi> of his heavenly juſtice: who there<g ref="char:EOLhyphen"/>fore
are to be reverenced by the ſubject, for as
much as doth concern them in the way of their
publick duties, with as much honour and obedi<g ref="char:EOLhyphen"/>ence,
as they would reverence the beſt King, were
he given unto them.</p>
                  <p>"And firſt the reader muſt take notice of the eſpe<g ref="char:EOLhyphen"/>cial
Act and Providence of Almighty God,<note place="margin">SECT. 26.</note> (not
without cauſe ſo oft remembred in the Scriptures)
in diſpoſing Kingdoms, and ſetting up ſuch Kings
as to him ſeems beſt.<note place="margin">Dan. 2. 21, 37.</note> 
                     <hi>The Lord</hi> (ſaith <hi>Daniel)
changeth the times and the ſeaſons; he removeth</hi>
Kings, and <hi>ſetteth up Kings.</hi> And in another
place, <hi>That the living may know that the moſt
High ruleth in the Kingdoms of men, and giveth
them to whomſoever he will.</hi> Which kinde of ſen<g ref="char:EOLhyphen"/>tences
as they are very frequent in the Scriptures,
ſo is that propheſie moſt plentiful and abundant in
them. No man is ignorant that <hi>Nebuchadnezzar</hi>
who deſtroyed <hi>Hieruſalem,</hi> was a great ſpoiler and
oppreſſor, yet the Lord tells us by <hi>Ezechiel,</hi> that
he <hi>had given unto him the land of Egypt,</hi> for the
<pb n="12" facs="tcp:114881:14"/>
good ſervice he had done in laying it waſt on
his commandement. And <hi>Daniel</hi> ſaid unto him
thus;<note place="margin">Dan. 2. 37.</note> 
                     <hi>Thou O</hi> King <hi>art a King of Kings, for the
God of Heaven hath</hi> given <hi>thee a</hi> Kingdom, <hi>power
and ſtrength and glory; And whereſoever the
children of men dwell, the beaſts of the field, and
the fowls of heaven hath he given into thy hand,
and hath made thee Ruler over them all.</hi> Again
to <hi>Belſhazzer</hi> his ſon,<note place="margin">Dan<g ref="char:punc">▪</g> 5. 18.</note> 
                     <hi>The moſt high God gave
unto</hi> Nebuchadnezzar <hi>thy father a Kingdom, and
majeſty and glory and honour; and for the maje<g ref="char:EOLhyphen"/>ſty
that he gave him, all people, nations, and
languages trembled and feared before him.</hi> Now
when we hear that Kings are placed over us
by God, let us be pleaſed to call to minde thoſe
ſeveral precepts to <hi>fear</hi> and <hi>honour</hi> them, which
God hath given us in his Book; holding the
vileſt Tyrant in as high account, as God hath
graciouſly vouchſafed to eſtate him in. When
<hi>Samuel</hi> told the people of the houſe of <hi>Iſrael</hi> what
they ſhould ſuffer from their King, he expreſſed
it thus,<note place="margin">1 Sam. 8. 11.</note> 
                     <hi>This will be the manner of the King which
ſhall reign over you, he will take your ſons and
appoint them for himſelf, for his Chariots, and to be
his Horſemen, and ſome ſhall r<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>n before his Cha<g ref="char:EOLhyphen"/>riots;
And he will appoint him Captains over
thouſands, and Captains over fifties, and will ſet
them to ear his ground and to reap his harveſt, and
to make his inſtruments of war, and inſtruments
of his Chariots; And he will take your daughters
to be his Confectionaries, and to be Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ks, and
to be Bakers; And he will take your fields, and
<pb n="13" facs="tcp:114881:14"/>
your Vineyards, and your Olive-yards, even the
beſt of them, and give them to his ſervants; And
he will take the tenth of your ſeed, and of your
Vineyards, and give to his Officers, and to his
Servants; And he will take your men<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ſervants,
and your maid-ſervants, and your goodlieſt young
men and your Aſſes, and put them to his work; He
will take the tenth of your ſheep, and ye ſhall be his
Servants.</hi> Aſſuredly their Kings could not do
this lawfully, whom God had otherwiſe inſtructed
in the Book of the Law: but it is therefore called
<hi>Jus Regis,</hi> the <hi>right of Kings</hi> upon the ſubject,
which of neceſſitie the Subjects were to ſubmit
unto, and not to make the leaſt reſiſtance. As
if the Prophet had thus ſaid, <hi>So far ſhall the li<g ref="char:EOLhyphen"/>centiouſneſs
of your</hi> Kings <hi>extend it ſelf, which you
ſhall have no power to reſtrain or remedie, to whom
there ſhall be nothing left but to receive the intima<g ref="char:EOLhyphen"/>tion
of their pleaſures, and fulfil the ſame.</hi>
                  </p>
                  <p>"But moſt remarkable is that place in the Pro<g ref="char:EOLhyphen"/>phet
<hi>Jeremie,</hi>
                     <note place="margin">SECT. 27.</note> which (though it be ſomewhat of
the longeſt) I wil here put down, becauſe it doth
ſo plainly ſtate the preſent queſtion.<note place="margin">Jer. 27. 6.</note> 
                     <hi>I have made
the earth</hi> (ſaith the Lord) <hi>the man and the beaſt
that are upon the ground, by my great power and by
my out-ſtretched Arm, and have given it unto
whom it ſeemed meet unto me; And now have<g ref="char:punc">▪</g> I
given all theſe lands into the hand of</hi> Nebuchad<g ref="char:EOLhyphen"/>nezzar
<hi>King of</hi> Babylon <hi>my ſervant, and the beaſts
of the field have I given him alſo to ſerve him;
And all Nations ſhall ſerve him, and his ſon, and
his ſons ſon, until the very time of his land come;
<pb n="14" facs="tcp:114881:15"/>
And it ſhall come to paſs that the Nation and
Kingdom which will not ſerve the ſame</hi> Nebu<g ref="char:EOLhyphen"/>chadnezzar
<hi>King of</hi> Babylon, <hi>and that will not
put their neck under the y<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ke of the King of</hi> Ba<g ref="char:EOLhyphen"/>bylon,
<hi>that Nation will I puniſh,</hi> ſaith the Lord,
<hi>with the ſword, and with the famine, and with the
peſtilence; Wherefore ſerve the King of</hi> Babylon,
<hi>and live.</hi> We ſee by this how great a meaſure
of obedience was required by God towards that
fierce and cruel Tyrant, only becauſe he was ad<g ref="char:EOLhyphen"/>vanced
to the <hi>Kingly throne,</hi> and did by conſe<g ref="char:EOLhyphen"/>quence
participate of that <hi>Regal majeſty,</hi> which
is not to be violated without grievous ſin. Let
us therefore have this always in our minde and
before our eyes, that by the ſame decree of God,
on which the power of Kings is conſtituted, the
very wickedeſt Princes are eſtabliſhed: and let
not ſuch ſeditious thoughts be admitted by us,
that is to ſay, that we muſt deal with Kings no
otherwiſe then they do deſerve; and that it is no
right nor reaſon, that we ſhould ſhew our ſelves
obedient ſubjects unto him, who doth not mu<g ref="char:EOLhyphen"/>tually
perform the duty of a King to us."</p>
               </q>
               <q rend="inline margQuotes">
                  <p>
                     <milestone type="tcpmilestone" unit="unspecified" n="IV"/>"4. It is a poor objection which ſome men have
made,<note place="margin">SECT. 28.</note> 
                     <hi>viz.</hi> that that command was only pro<g ref="char:EOLhyphen"/>per
to the <hi>Iſraelites;</hi> for mark upon what grounds
the command was given. <hi>I have given,</hi> ſaith he,
<hi>the Kingdom unto</hi> Nebuchadnezzar, <hi>wherefore
ſerve him, and ye ſhall live:</hi> and thereupon it needs
muſt follow, that upon whomſoever God beſtows
a Kingdom, to whom we muſt addreſs our ſer<g ref="char:EOLhyphen"/>vrce;
<pb n="15" facs="tcp:114881:15"/>
and that aſſoon as God hath raiſed any
to the <hi>Regal Throne,</hi> he doth ſufficiently declare
his will to be, that he would have that man to
<hi>reign</hi> over us. Some general teſtimonies of this
truth are in holy Scripture;<note place="margin">Prov. 24. 2<g ref="char:punc">▪</g>
                     </note> For thus ſaith <hi>SOLO<g ref="char:EOLhyphen"/>MON,
For the tranſgreſſion of a land many are the
Princes thereof;</hi>
                     <note place="margin">Job 12. 18.</note> and <hi>JOB, He looſeth the band of
Kings, and girdeth their loins with a Girdle.</hi> Which
if confeſſed, there is no remedy at all, but we muſt
<hi>ſerve</hi> thoſe Kings, if we mean to <hi>live.</hi> There is ano<g ref="char:EOLhyphen"/>ther
text in the Prophet <hi>Ieremie,</hi> by which the peo<g ref="char:EOLhyphen"/>ple
are commanded,<note place="margin">Jer. 29. 7.</note> 
                     <hi>to ſeek the peace of</hi> Babylon,
<hi>whither</hi> God <hi>had cauſed them to be carried away cap<g ref="char:EOLhyphen"/>tive,
and to pray unto the</hi> Lord <hi>for it, for in the peace
thereof was their peace</hi> to be. Behold the <hi>Iſraelites</hi>
being diſpoiled of their eſtates, driven from their
houſes, carried into exile, and plunged in a moſt
miſerable thraldom, are yet required to pray for
the proſperitie of the Conquerour: not only as
we are commanded in another place to <hi>pray for
them that perſecute us,</hi> but that his Empire might
continue in peace and ſafetie, that they themſelves
might quietly enjoy the protection of it. Thus <hi>Da<g ref="char:EOLhyphen"/>vid</hi>
being appointed King by the Lords own Or<g ref="char:EOLhyphen"/>dinance,
and <hi>anointed</hi> with his holy Oyl, when un<g ref="char:EOLhyphen"/>deſerved<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>y
he was perſecuted and purſued by <hi>Saul,</hi>
would not give way that any corporal hurt ſhould
be done to that ſacred perſon, whom God had
raiſed unto the Kingdom.<note place="margin">1 Sam. 24. 6.</note> 
                     <hi>The Lord forbid,</hi> ſaith
he, <hi>that I ſhould do this thing unto my Maſter the
Lords</hi> anointed, to ſtretch <hi>forth my hand againſt
him, ſeeing he is the</hi> Anointed <hi>of the Lord.</hi> Again,
<pb n="16" facs="tcp:114881:16"/>
                     <hi>But mine eye ſpared thee, a<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>d I ſaid, I will not put
forth my hand againſt my Lord, for he is the Lords</hi>
Anointed. And again, <hi>who can ſtretch forth his
hand against the Lords</hi> Anointed, and <hi>be guiltleſs?
As the Lord liveth, the Lord ſhall ſmite him, or his
day ſhall come to die, or he ſhall deſcend into battel
and periſh. The Lord forbid that I ſhould ſtretch
my hand againſt the Lords</hi> Anointed.</p>
                  <p>"This reverence and dutiful regard we ought to
carrie towards our Governours,<note place="margin">SECT. 29.</note> to the very end,
however they may chance to prove. Which there<g ref="char:EOLhyphen"/>fore
I repeat the oftner, that we may learn not
to enquire too narrowly into the men, but to reſt
our ſelves content with this, that they ſuſtain that
place or perſon by the Lords appointment, in which
he hath imprinted and ingraved a moſt inviolable
character of ſacred Majeſtie. But ſome will ſay,
that <hi>Rulers</hi> owe a mutual dutie to their <hi>Subjects.</hi>
That hath been formerly confeſſed: from which if
any ſhould infer, that no obedience muſt be yeelded
but to their juſt and <hi>legal</hi> power, he were a very
ſorry diſputant. <hi>Husbands</hi> are bound in mutual
bonds unto their <hi>Wives,</hi> and ſo are Parents to their
Children. Suppoſe that both neglect their du<g ref="char:EOLhyphen"/>ties,
that Parents who are prohibited by God to
<hi>provoke</hi> their Children <hi>unto wrath,</hi> be ſo untract<g ref="char:EOLhyphen"/>able
and harſh to them, that they do grieve them
above meaſure with continual ſowreneſs; and that
<hi>husbands</hi> who are commanded to <hi>love their wives,</hi>
and to <hi>give honour to them as the weaker veſſel,</hi>
ſhould uſe them with contempt and ſcorn: ſhould
therefore <hi>children</hi> be the leſs obedient to their
<pb n="17" facs="tcp:114881:16"/>
                     <hi>Parents,</hi> or <hi>wives</hi> leſs dutiful to their <hi>husbands?</hi>
We ſee the contrary, that they are ſubject to them
though both lewd and froward. Since there<g ref="char:EOLhyphen"/>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ore
nothing doth concern us more, then that
we trouble not our ſelves with looking into the
defects of other men, but carefully endevour to
perform thoſe duties which do belong unto our
ſelves; more ſpecially ought they to obſerve this
rule, who live under the authority and power of
others. Wherefore if we are inhumanely handled
by a cruel Prince, or by a covetous and luxurious
Prince diſpoiled and rifled; if by a ſlothful one neg<g ref="char:EOLhyphen"/>lected,
or vexed for our Religion by a lewd and
wicked: let us look back upon our ſins, which
God moſt commonly correcteth with this kinde of
ſcourges; the thought whereof will humble us, and
keep down the impatience of our angry ſpirits.
Let us conſider with our ſelves, that it appertains
not unto us to redreſs theſe miſchiefs; that all
which doth belong to us is to crie to God, in
<hi>whoſe hands are the hearts of Kings,</hi>
                     <note place="margin">Prov. 21. 1.</note> 
                     <hi>and he turn<g ref="char:EOLhyphen"/>eth
them whither ſoever he will.</hi> He is that <hi>God
which ſtandeth in the Congregation of the mighty,
and judgeth amongſt the Gods:</hi> before whoſe face
all <hi>Kings</hi> ſhall fall and be confounded, and all <hi>the
Judges <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>f the earth</hi> who do not reverence his
<hi>CHRIST,</hi> but make unjuſt laws to oppreſs the
poor, and offer violence to the man of low condi<g ref="char:EOLhyphen"/>on,
and make a ſpoil of Widows, and a prey of
Orphans.</p>
                  <p>"And here we may aſwell behold his goodneſs,<note place="margin">SECT. 30.</note>
as his power and providence. For ſometimes he
<pb n="18" facs="tcp:114881:17"/>
doth raiſe <hi>Avengers</hi> from amongſt his ſervants,
and furniſheth them with power ſufficient aſwell
to execute vengeance on ſuch wicked Rulers, as
to redeem his people ſo unjuſtly vext, from the
houſe of bondage: and ſometimes uſeth to that
end, the fierce wrath of others, who think of no<g ref="char:EOLhyphen"/>thing
leſs then to ſerve his turn. Thus he redeemed
his people <hi>Iſrael</hi> from the tyrannie of <hi>Pharaoh,</hi> by
the hand of <hi>Moſes;</hi> from <hi>Cuſhan</hi> K<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ng of <hi>Syria,</hi>
by <hi>Othoniel;</hi> from other thraldoms by ſome other
of their Kings and Judges. Thus did he <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ame the
pride of <hi>Tyre</hi> by the arms of <hi>Egypt,</hi> the inſolence
of <hi>Egypt</hi> by the <hi>Aſſyrians,</hi> the fierceneſs of <hi>Aſſy<g ref="char:EOLhyphen"/>ria</hi>
by the <hi>Chaldeans,</hi> the confidence of <hi>Babylon</hi> by
the <hi>Medes</hi> and <hi>Perſians,</hi> after that <hi>Cyrus</hi> had be<g ref="char:EOLhyphen"/>fore
ſubdued the <hi>Medes.</hi> Thus did he ſometimes
puniſh the ingratitude of the Kings of <hi>Judah</hi> and
<hi>Iſrael,</hi> and that ungodly contumacie which they
carried towards him, notwithſtanding all his bene<g ref="char:EOLhyphen"/>fits
conferred upon them, by the <hi>Aſſyrians</hi> firſt, the
<hi>Ba<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ylonians</hi> after. But we muſt know that though
theſe ſeveral inſtruments did the ſelf ſame work,
yet they proceeded not in the ſelf ſame motives.
For the firſt ſort being thereto lawfully authorized
and called by Almighty God, by taking up Arms
againſt their Kings, did nothing leſs t<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>n violate
that ſacred Majeſtie, which is inherent in a King
by Gods holy Ordinance, but being armed from
heaven, did only regulate and chaſtiſe the leſſer
power by the help of the greater; as Princes uſe
ſometimes to correct their Nobles. The later
ſort, though guided by the hand of God as to
<pb n="19" facs="tcp:114881:17"/>
him ſeemed beſt, ſo that they did unknowingly
effect what he had to do, intended only the purſuit
of their own deſigns."</p>
               </q>
               <q rend="inline margQuotes">"<p>
                     <milestone type="tcpmilestone" unit="unspecified" n="V"/> 5. But whatſoever their deſignes and intenti<g ref="char:EOLhyphen"/>ons
were,<note place="margin">SECT. 31.</note> the Lord did <hi>juſtly</hi> uſe them to effect
his buſineſs, when by their means he broke the
bloudie Scepters of thoſe inſolent Kings, and
overthrew their wicked and tyrannical Empires.
Hear this ye Princes, and be terrified at the
hearing of it. But let not this afford the leaſt in<g ref="char:EOLhyphen"/>couragement
unto the ſubject, to violate or deſpiſe
the authoritie of the <hi>Magiſtrate,</hi> which God hath
filled ſo full of majeſtie, and fortified by ſo many
Edicts from the Court of Heaven, though ſome<g ref="char:EOLhyphen"/>times
an unworthie perſon doth enjoy the ſame,
and ſuch a one as doth diſhonor it by his filthie
life. Nor may we think becauſe the puniſhment
of licentious Princes doth belong to God, that
preſently this power of executing vengeance is
devolved on us<g ref="char:punc">▪</g> to whom no other precept hath
been given by God, but only to obey, and ſuffer.<note place="margin">De <hi>privatis</hi> homini<g ref="char:EOLhyphen"/>bus ſemper loquor. Nam ſi qui nunc ſint populares magiſtra<g ref="char:EOLhyphen"/>tus ad moderandum <hi>Regum</hi> 
                        <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>libidinem conſtituti (quales o<g ref="char:EOLhyphen"/>lim erant, qui <hi>Lace<g ref="char:EOLhyphen"/>daemoniis Regibus</hi> oppoſiti erant <hi>Epho<g ref="char:EOLhyphen"/>ri;</hi> aut <hi>Romanis Conſulibus Tribuni Plebis;</hi> aut <hi>Atheni<g ref="char:EOLhyphen"/>enſium Senatui De<g ref="char:EOLhyphen"/>marchi:</hi> &amp; qua eti<g ref="char:EOLhyphen"/>am fortè poteſtate, ut nunc res habent, fun<g ref="char:EOLhyphen"/>guntur in ſingulis Regnis <hi>tres Ordines,</hi> quum primarios <hi>con<g ref="char:EOLhyphen"/>ventus</hi> peragunt): adeo illos ferocienti <hi>Regum</hi> licentiae pro officio intercedere non veto, ut ſi <hi>Regi<g ref="char:EOLhyphen"/>bus</hi> impotenter graſ<g ref="char:EOLhyphen"/>ſantibus, &amp; humili plebeculae inſultanti<g ref="char:EOLhyphen"/>bus conniveant, eo<g ref="char:EOLhyphen"/>rum diſſimulationem nefariâ perfidiâ non carere affirmem; quia populi libertatem cu<g ref="char:EOLhyphen"/>jus ſe <hi>Dei Ordinati<g ref="char:EOLhyphen"/>one</hi> tutores poſitos norunt, fraudulenter produnt.</note>
But ſtill I muſt be under<g ref="char:EOLhyphen"/>ſtood
of private perſons.
For if there be now any <hi>Po<g ref="char:EOLhyphen"/>pular
Officers,</hi> ordained to
moderate the licentiouſneſs
of Kings, (ſuch as the <hi>Epho<g ref="char:EOLhyphen"/>ri</hi>
of old ſet up againſt the
Kings of <hi>Sparta,</hi> the <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
of the people againſt
the <hi>Roman Conſuls,</hi> and the
<hi>Demarchi</hi> againſt the <hi>Athe<g ref="char:EOLhyphen"/>nian
<pb n="20" facs="tcp:114881:18"/>
Senate;</hi> and with which
power, perhaps, as the world
now goes, the <hi>three Eſtates</hi>
are furniſhed in each ſeveral
Kingdom, when they are
ſolemnly aſſembled): ſo far
am I from hindering them
from putting a reſtraint on
the exorbitant power of
<hi>Kings,</hi> as their <hi>Office</hi> bindes
them, that I conceive them
guiltie rather of a <hi>perfidious
diſſimulation,</hi> if they con<g ref="char:EOLhyphen"/>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ive
at Kings when they
play the <hi>Tyrants,</hi> or wan<g ref="char:EOLhyphen"/>tonly
inſult on the common
people; in that they trea<g ref="char:EOLhyphen"/>cherouſly
betray the ſub<g ref="char:EOLhyphen"/>jects
Libertie, of which
they know they were made
guardians by <hi>Gods</hi> own <hi>Or<g ref="char:EOLhyphen"/>dinance</hi>
and appointment.</p>
                  <p>"But this muſt always be excepted, in the
obedience which we have determined to be due to
the commands of our Governors, and firſt of all
to be obſerved, that it draw us not from that obe<g ref="char:EOLhyphen"/>dience
which is due to him, to whoſe will all the
commands of Kings muſt be ſubordinate, to whoſe
<pb n="21" facs="tcp:114881:18"/>
decrees their ſtrongeſt mandates muſt give place,
and before whoſe Majeſtie they are bound to lay
down their Scepters. For how prepoſterous were
it to incur his anger, by our compliance with thoſe
men, whom we are bound no otherwiſe to obey,
then for his ſake only? The Lord is King of Kings,
who when he ſpeaks, is to be heard for all, and
above them all. We muſt be ſubject to thoſe men
who have rule over us, but in him alone. If againſt
him they do command us any thing, it is to be
of none account. Nor in ſuch caſes is the dignity
of the <hi>Magiſtrate</hi> to be ſtood upon, to which no
injurie is done, if in regard of the more eminent
and ſupreme power of God, it be reſtrained within
its bounds.<note place="margin">Dan. 6. 22.</note> In this reſpect <hi>Daniel</hi> denied that
he had treſpaſſed any thing againſt the King, in not
obeying his prophane and ungodly Edict, becauſe
the King had gone beyond his proper limits, and
being not only injurious againſt men, but lifting
up his horns againſt God himſelf, had firſt deprived
himſelf of all Authoritie. The Iſraelites are
condemned on the other ſide, for being ſo ready
to obey their King, in a wicked action, when to
ingratiate themſelves with <hi>Jeroboam,</hi> who had
newly made the <hi>Golden Calves,</hi> they left the
Temple of the Lord, and betook themſelves to a
new ſuperſtitious worſhip. And when their
Children and poſteritie with the like facility
applied themſelves unto the humors of their
wicked Kings, the <hi>Prophet</hi> doth ſeverely rebuke
them for it. So little praiſe doth that pretence of
modeſty deſerve to have, with which ſome Court-Paraſites
<pb n="22" facs="tcp:114881:19"/>
do diſguiſe themſelves and abuſe the
ſimple, affirming it to be a crime not to yeeld
obedience to any thing that Kings command:
as if God either had reſigned all his rights and
<hi>intereſs</hi> into the hands of mortal men, when he
made them Rulers over others; or that the
greateſt earthly power were a jot diminiſhed, by
being ſubjected to its Author, before whom all
the powers of heaven do trembling ſupplicate.
I know that great and imminent danger may
befall thoſe men, who dare give entertainment
to ſo brave a conſtancy; conſidering with what
indignation Kings do take the matter, when they
once ſee themſelves neglected, <hi>whoſe indignation
is as the meſſenger of death,</hi> ſaith the wiſe man
<hi>Solomon.</hi> But when we hear this Proclamation
made by the heavenly Cryer,<note place="margin">Act. 5. 29.</note> that <hi>we ought
to obey God rather then men;</hi> let this conſide<g ref="char:EOLhyphen"/>ration
be a comfort to us, that then we yeeld
that obedience unto God which he looks for
from us, when we rather chooſe to ſuffer any
thing, then to deviate from the way of god<g ref="char:EOLhyphen"/>lineſs.
And leſt our hearts ſhould fail us in
ſo great a buſineſs, S. <hi>Paul</hi> ſubjoyns another
motive,<note place="margin">1 Cor. 7. 23.</note> that being <hi>bought</hi> by Chriſt at ſo great
<hi>a price;</hi> we ſhould not re-inthral our ſelves
to the luſts of <hi>men,</hi> much leſs addict our ſelves
to the works of wickedneſs."</p>
               </q>
               <p>
                  <pb n="23" facs="tcp:114881:19"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="VI"/> 6. Theſe are the very words of <hi>Calvin,</hi> from
which his followers and Diſciples moſt extreamly
differ both in their <hi>doctrine,</hi> and their <hi>practiſe.</hi> Firſt,
for their practiſe, <hi>CALVIN</hi> requires that we ſhould
<hi>reverence and reſpect the Magiſtrate for his Office
ſake</hi>
                  <note n="a" place="margin">Sect. 22.</note>; and that we entertain no other then a <hi>fair
eſteem, an honorable opinion</hi> both of their actions,
and their Counſels. His <hi>followers</hi> (like <hi>filthy dream<g ref="char:EOLhyphen"/>ers</hi>
as they are) do not only <hi>deſpiſe dominion</hi>
                  <note n="b" place="margin">Jude 8.</note>, but
<hi>ſpeak evill of dignities;</hi> that is to ſay, they neither
reverence the <hi>perſons</hi> of their Supreme <hi>Magi<g ref="char:EOLhyphen"/>ſtrate,</hi>
nor regard their <hi>Office:</hi> and are ſo far from
cheriſhing a <hi>good opinion</hi> of thoſe <hi>higher powers</hi> to
which the Lord hath made them ſubject, that their
<hi>hearts imagine miſchief</hi> againſt them <hi>all the day
long;</hi> and though they ſee no cauſe to condemn their
<hi>actions,</hi> they will be ſure enough to miſconſtrue
the <hi>end. CALVIN</hi> requires that we ſhould mani<g ref="char:EOLhyphen"/>feſt
<hi>the reverence and reſpect we bear them by the
outward actions of obedience</hi>
                  <note n="c" place="margin">Sect. 23.</note>; and to the end,
that this obedience ſhould proceed from the <hi>very
heart</hi> and not to be <hi>counterfeit</hi> and falſe, he addes
that <hi>we commend their health and flouriſhing eſtate
in our prayers to God</hi>
                  <note n="d" place="margin">Ibid.</note>. His <hi>Followers</hi> ſtudy no<g ref="char:EOLhyphen"/>thing
more then to <hi>diſobey</hi> them, in every one of
thoſe particulars which their Maſter ſpeaks of,
refuſing to <hi>obey their laws,</hi> and to <hi>pay them tribute,</hi>
and to undergoe ſuch <hi>ſervices and burdens</hi> as are laid
upon them in reference to the <hi>publick ſafety,</hi> &amp; ſpare
not as occaſion ſerves to manifeſt the diſaffection
of their hearts, by ſuch outward acts as <hi>diſobedience</hi>
                  <pb n="22" facs="tcp:114881:20"/>
                  <gap reason="duplicate" extent="1 page">
                     <desc>〈1 page duplicate〉</desc>
                  </gap>
                  <pb n="23" facs="tcp:114881:20"/>
                  <gap reason="duplicate" extent="1 page">
                     <desc>〈1 page duplicate〉</desc>
                  </gap>
                  <pb n="24" facs="tcp:114881:21"/>
and <hi>diſloyalty</hi> can ſuggeſt unto them: and a<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e ſo far
from <hi>praying for them,</hi> that many times they <hi>pray
againſt them,</hi> blaſpheming God becauſe he will not
<hi>curſe</hi> the King, and making that which they call
<hi>Prayer</hi> ſo dangerous and lewd a <hi>libel,</hi> that their very
<hi>prayers are turned to ſin. CALVIN</hi> requires ſuch
<hi>moderation in the ſubject,</hi> that they neither <hi>inter<g ref="char:EOLhyphen"/>meddle
in affairs of State, nor invade the Office of
the Magiſtrate;</hi> and that <hi>if any thing be amiſs in
the</hi> publick Government <hi>which ſtands in need of</hi>
Reformation, they preſume not to <hi>put their hands
unto the work, or be tumultuouſly active in it</hi>
                  <note n="e" place="margin">Sect. 23.</note>. His
<hi>followers</hi> will not truſt the <hi>Magiſtrates</hi> in the per<g ref="char:EOLhyphen"/>formance
of their own <hi>Office,</hi> but are all <hi>Counſellors</hi>
and <hi>Stateſmen;</hi> and think that nothing is done well,
but what is done as they would have it, and by their
own hands too, none other. Whether things be
<hi>amiſs</hi> or not, they muſt needs be doing. Not by
preſenting their deſires for a <hi>Reformation,</hi> and
making known the fault (if ſuch fault there be) to
their <hi>Supreme Magistrates,</hi> which was the way their
<hi>Maſter</hi> taught them; but by raiſing tumults to
affright them: The attempt of the <hi>French Hugonots</hi>
at <hi>Ambois</hi> upon <hi>Charles</hi> the ninth, and the two tu<g ref="char:EOLhyphen"/>mults
at <hi>Edenburgh,</hi> the one about the year 1593.
againſt the perſon of King <hi>James,</hi> and the other in
the year 1637. againſt the Miniſters of King <hi>Charles,</hi>
will not be forgotten whileſt <hi>Calvin</hi> and his <hi>Inſtitu<g ref="char:EOLhyphen"/>tions</hi>
are in print amongſt us. <hi>CALVIN</hi> requires
that we ſhould yeeld obedience not only to ſuch
Kings and Princes, <hi>which faithfully and as they
ought do diſcharge their Office, but</hi> even <hi>to all thoſe
<pb n="25" facs="tcp:114881:21"/>
alſo which do nothing leſs then perform their duties</hi>
                  <note n="f" place="margin">Sect. 25.</note>,
not only to the meek and gentle, but even unto the
<hi>fierceſt and moſt cruel Tyrant,</hi> if any ſuch be raiſed <hi>by
God to the Kingly throne</hi>
                  <note n="g" place="margin">Sect. 27.</note>. His <hi>followers</hi> reſolve not
to yeeld <hi>obedience</hi> to their <hi>Kings</hi> and Princes, though
they can charge them with no fault but their too
much <hi>lenity;</hi> unleſs it be that they have cauſed them
to <hi>ſurfeit</hi> upon <hi>peace</hi> and <hi>plenty,</hi> or that the people
grew too rich, and lived too happily, and drove too
great a Trade, under their command: and are ſo
far from yeelding obedience to a <hi>Tyrant,</hi> or a ſe<g ref="char:EOLhyphen"/>verer
and cruel Prince, call him which you will,
that neither the innocent minoritie of <hi>Charles</hi> the
ninth, nor the moderate Government of the <hi>Ducheſs
of Parma,</hi> in the <hi>Netherlands;</hi> nor the milde peace<g ref="char:EOLhyphen"/>able
temper of King <hi>James</hi> when he reigned in
<hi>Scotland,</hi> could ſave them from their inſolencies and
inſurrections. Finally <hi>CALVIN</hi> doth declare that
though we <hi>be inhumanely handled by a cruel Prince,
or by a covetous and luxurious Prince diſpoyled and
rifled; though by a ſlothful one neglected, or vexed
for our</hi> Religion <hi>by a lewd and wicked,</hi> yet it <hi>pertains
not unto us to redreſs theſe miſchiefs;</hi> that all the
remedie that we have <hi>is to cry to God</hi>
                  <note n="h" place="margin">Sect. 29.</note>, and till
God takes the work in hand, to <hi>obey and ſuffer</hi>
                  <note n="i" place="margin">Sect. 31.</note>:
and abſolutely condemns thoſe <hi>ſeditious thoughts,</hi>
(which ſome men are too apt to harbour) that <hi>we
muſt deal with Kings no otherwiſe then they ſhall
deſerve</hi>
                  <note n="k" place="margin">Sect. 27.</note>: His <hi>Followers,</hi> if they think themſelves
<hi>oppreſſed,</hi> though indeed they are not; or that <hi>Religi<g ref="char:EOLhyphen"/>on</hi>
is in danger, though indeed it be not; or the
honor of the State neglected, though never of ſo
<pb n="26" facs="tcp:114881:22"/>
much repute, nor ſo bravely managed: will not
deſcend ſo low as <hi>to cry to God,</hi> or be ſo puſillan<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>mous
and ſo poorly minded, as only to <hi>obey</hi> and <hi>ſuffer</hi> (that
were a weakneſs fit for none but the <hi>primitive Chri<g ref="char:EOLhyphen"/>ſtians</hi>);
but take the ſword into their hands (be it
right or wrong) to force their Kings to come unto
a reckoning with them, as if they would have re<g ref="char:EOLhyphen"/>paration
from them for their former ſufferings, and
could have reparation no way but that. And as
for <hi>dealing with their Kings no otherwiſe then they
do deſerve,</hi> although the <hi>maxime</hi> be unſafe, and the
very <hi>thought</hi> thereof <hi>ſeditious,</hi> as their <hi>Maſter</hi> tells
them; would they would hold themſelves to
that, which had they done, ſo many Kings in
Chriſtendom had not been ſo unjuſtly handled,
driven from their Palaces, expelled their Cities,
robbed of their Fortreſſes and Revenues, aſſaulted
in the open fields, and forced ſometimes to change
both their Counſel and their Guards, (the ordinary
practiſe by the <hi>Hugonots</hi> in <hi>France,</hi> the Presbyteri<g ref="char:EOLhyphen"/>ans
in <hi>Scotland,</hi> the Calviniſts in the <hi>Netherlands,</hi>
and indeed where not?) <hi>had they been dealt withall
no otherwiſe then</hi> they deſerved.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VII"/> 7. Next let us look upon them in their points of
<hi>doctrine,</hi> and we ſhall finde the Scholars and their
Maſter at a greater diſtance, then before we ſaw
them at in point of <hi>practiſe. CALVIN</hi> determines
very ſoundly that Kings have their authoritie from
none but God, <hi>non niſi a ſe habere imperium</hi>
                  <note n="l" place="margin">Sect. 25.</note>, that
the ſupreme Magiſtracie is a juriſdiction devolved
from God upon the perſon of the Magiſtrate or
<pb n="27" facs="tcp:114881:22"/>
                  <hi>delegata a Deo juriſdictio</hi>
                  <note n="m" place="margin">Sect. 22.</note>; that it is the ſingu<g ref="char:EOLhyphen"/>lar
work or act of God to diſpoſe of Kingdoms, and
to ſet up ſuch Kings as to him ſeems meet, which he
calls <hi>Singularem Dei actionem in diſtribuendis Regnis,
statuendiſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> QUOS ILLI VISVM FVERIT REGI<g ref="char:EOLhyphen"/>BVS</hi>
                  <note n="n" place="margin">Sect. 26.</note>, and finally that in every King or Supreme
Governor, there is <hi>inviolabilis majeſtas,</hi> an indelible
character of <hi>Majeſtia</hi> imprinted by the hand of
God. His <hi>Scholars</hi> tell us that Kings are only
creatures of the peoples making; and that whatever
power they have, is derived from them. The <hi>Ob<g ref="char:EOLhyphen"/>ſervator,</hi>
and the <hi>Fuller Anſwer unto Dr. Fern,</hi> and
almoſt all our later <hi>Scriblers</hi> do reſolve it ſo. They
tell us ſecondly, (which muſt needs follow from the
former) that the people have the ſole power of
diſpoſing Kingdoms, and ſetting up ſuch Kings as
they liſt themſelves; and being ſo ſet up, that there
is no more <hi>Majeſtie,</hi> no brighter beam of Gods
divinitie in them, then in other men. <hi>Buchannan</hi> ſo
affirms for certain, <hi>Populo jus est, imperium cui velit
deferat</hi>
                  <note n="o" place="margin">Buchannan de jure regni.</note>; and confidently reckoneth thoſe reverend
attributes of <hi>Majeſtie</hi> and <hi>Highneſs,</hi> which uſually
are given to Kings and Princes, <hi>inter ſoloeciſmos &amp;
barbariſmos Aulicos</hi>
                  <note n="p" place="margin">Id. in Epiſt. ad</note>, amongſt the <hi>Soleciſms</hi> and
abſurdities of Princes Courts. <hi>CALVIN</hi> determines
very <hi>Oxthodoxly,</hi> that though the <hi>King</hi> degenerate
and become a <hi>tyrant,</hi> though he infringe the ſubjects
liberties, and invade their fortunes, perſecute them
for their pietie, and neglect their ſafetie, and be be<g ref="char:EOLhyphen"/>ſides
a vitious and libidinous perſon; yet ſtill his
Subjects are to look upon him, in all things which
pertain to their publick duties, with as much ho<g ref="char:EOLhyphen"/>nour
<pb n="28" facs="tcp:114881:23"/>
and obedience, as they would do the juſteſt and
moſt vertuous Prince that was ever given unto a
people. <hi>Eadem in reverentia &amp; dignatione haben<g ref="char:EOLhyphen"/>dum,
quantum ad publicam obedientiam attinet, qua
optimum Regem ſi dare<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ur habituri eſſent</hi>
                  <note n="q" place="margin">Sect. 25.</note>. His
<hi>Scholars</hi> ſing another ſong, and uſe all arts imagi<g ref="char:EOLhyphen"/>nable
to excite the people to riſe againſt them and
deſtroy them. The Author of that ſcandalous and
dangerous <hi>Dialogue,</hi> entituled <hi>Euſebius Philadelphus</hi>
doth expreſly ſay, that of <hi>all good actions the murther
of a</hi> Tyrant <hi>is most commendable</hi>
                  <note n="r" place="margin">Euſeb Phila<g ref="char:EOLhyphen"/>delph. Dial.</note>. <hi>Buchannan</hi>
accounts it a defect in <hi>Polities, proemia eorum
interfectoribus non decerni</hi>
                  <note n="ſ" place="margin">Buchannan de jure regni.</note>; that publick honors
and rewards are not propounded unto ſuch as ſhall
kill a <hi>Tyrant:</hi> and ſome late <hi>Pamphleters</hi> conclude it
lawful to rebel in the caſe of <hi>tyrannie,</hi> becauſe for<g ref="char:EOLhyphen"/>ſooth,
<hi>If a King exerciſing</hi> tyrannie <hi>over his ſub<g ref="char:EOLhyphen"/>jects
may not be reſiſted,</hi> (that is to ſay, if the ſubject
may not take up Arms againſt him) he and his
followers may deſtroy the Kingdom. And now we
are fallen upon the buſineſs of <hi>reſiſtance, CALVIN</hi>
allows of no caſe (for ought I can ſee) in which the
Subject <hi>lawfully</hi> may reſiſt the Soveraign; <hi>quando<g ref="char:EOLhyphen"/>quidem</hi>
reſiſti <hi>magiſtratui non poteſt quin ſimul</hi> reſi<g ref="char:EOLhyphen"/>ſtatur
<hi>Deo</hi>
                  <note n="t" place="margin">Sect. 23.</note>, for as much as the <hi>Magiſtrate</hi> cannot
be <hi>reſiſted,</hi> but that <hi>God</hi> is <hi>reſiſted</hi> alſo: and reckon<g ref="char:EOLhyphen"/>ing
up thoſe ſeveral preſſures whereof <hi>Samuel</hi> ſpake
unto the <hi>Jews,</hi> and which he calls <hi>jus Regis,</hi> as
himſelf tranſlates it, he concludes at laſt, <hi>cui parere
ipſi neceſſe eſſet, nec obſiſtere liceret</hi>
                  <note n="u" place="margin">Sect. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>6.</note>, that no
<hi>reſiſtance</hi> muſt be made on the Subjects part, though
Kings entrench as much upon them, both in their
<pb n="29" facs="tcp:114881:23"/>
                  <hi>liberties</hi> and <hi>properties,</hi> as the Prophet ſpeaks of.
His <hi>Scholars</hi> are grown wiſer, and inſtruct us other<g ref="char:EOLhyphen"/>wiſe.
<hi>Paraeus</hi> ſaith, that if the King aſſault our perſons,
or endevour to break into our houſes, we may as
<hi>lawfully reſiſt</hi> him, as we would do a Theif or Robber
on the like occaſions<note n="x" place="margin">Paraeus in Rom. cap. 13.</note>. And our <hi>new Maſters</hi>
have found out many other Caſes in which the
Subject may <hi>reſiſt,</hi> and which is more then ſo, is
bound to do it, as namely in his own behalf, and in
Gods behalf, in behalf of his Countrey, and in be<g ref="char:EOLhyphen"/>half
of the laws; and in ſo many more behalfs,
that they have turned moſt Chriſtian Kings out of
<hi>half</hi> their Kingdoms.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VIII"/> But to go on, <hi>CALVIN</hi> determines very rightly,
that notwithſtanding any <hi>contract</hi> made or ſuppoſed
to be made between a King and his people, yet if
the King do break his <hi>Covenants</hi> and oppreſs the
ſubject, the ſubject can no more pretend to be
diſcharged of his Allegiance, then the wife may
lawfully divorce herſelf from a froward husband;
or children throw aſide that natural dutie which
they owe their Parents, becauſe their Parents are
unkinde, and it may be cruel. Thoſe which doe
otherwiſe conclude from the foreſaid <hi>contract,</hi> he
calls <hi>inſulſos ratio cinatores</hi>
                  <note n="y" place="margin">Sect. 29.</note>, but ſorrie and un<g ref="char:EOLhyphen"/>ſavorie
<hi>diſputants:</hi> and reckoneth it for a <hi>ſedi<g ref="char:EOLhyphen"/>tious
imagination,</hi> that <hi>we muſt deal no otherwiſe
with Kings then they do deſerve,</hi> nec aequum eſſe
ut ſubditos einos praeſtemus, qui viciſſim Regem no<g ref="char:EOLhyphen"/>bis
non ſe praeſtet<note n="z" place="margin">Sect. 27.</note>, or to imagine that <hi>it is neither
ſenſe nor reaſon that we ſhould ſhew our ſelves obe<g ref="char:EOLhyphen"/>dient
<pb n="30" facs="tcp:114881:24"/>
ſubjects unto him, who doth not mutually per<g ref="char:EOLhyphen"/>form
the dutie of a King to us.</hi> His <hi>Scholars</hi> are
grown able to teach their Maſter a new leſſon, and
would tell him, if he were alive, that <hi>there is a mu<g ref="char:EOLhyphen"/>tual</hi>
contract <hi>between King and Subjects;</hi> and <hi>if he
break the Covenant, he</hi> forfeiteth <hi>the benefit of the</hi>
Agreement, and <hi>he not performing the dutie of a
King, they are releaſed from the dutie of ſubjects.</hi>
As contrary to their <hi>Maſters</hi> Tenet as black to white;
and yet ſome late <hi>Pamphlets</hi> preſs no doctrine with
ſuch ſtrength and eagerneſs, as they have done this:
Nor have the <hi>Pulpits</hi> ſpared to publiſh it to their
cheated Auditories, as a new <hi>Article of faith,</hi> that
<hi>if the</hi> Ruler <hi>perform not his dutie, the</hi> contract <hi>is
diſſolved, and the people are at liberty to right them<g ref="char:EOLhyphen"/>ſelves.</hi>
What excellent <hi>uſes</hi> have been raiſed from
this dangerous <hi>doctrine,</hi> as many Kings of Chri<g ref="char:EOLhyphen"/>ſtendom
have felt already, ſo poſteritie will have
cauſe to lament the miſchiefs which it will bring
into the world in ſucceeding Ages. Finally <hi>CAL<g ref="char:EOLhyphen"/>VIN</hi>
hath determined, and ex<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>eeding piouſly, that
if the <hi>Magiſtrate</hi> command us any thing which is
contrarie to the Will and Word of God, we muſt
obſerve S. <hi>Peters</hi> rule, and <hi>rather chooſe to obey God,
then men:</hi> and that witha<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>l we muſt prepare our
ſelves to endure ſuch puniſhments as the offended
Magiſtrate ſhall inflict upon us, for the ſaid refuſal;
<hi>Et quicquid potius perpeti quam a veritate defiecte<g ref="char:EOLhyphen"/>re</hi>
                  <note n="a" place="margin">Sect. 32.</note>, and rather ſuffer any torments, then forſake
the way of Gods Commandements. The <hi>Magi<g ref="char:EOLhyphen"/>ſtrate,</hi>
as it ſeems by him, muſt at all times be
honoured by us, either in our <hi>active</hi> obedience, or
<pb n="31" facs="tcp:114881:24"/>
in our <hi>paſsive;</hi> if we refuſe to <hi>do</hi> his will, we muſt
be content to <hi>ſuffer</hi> for it. His <hi>Scholars</hi> are too
wiſe to ſubmit to that, and are ſo far from ſuffer<g ref="char:EOLhyphen"/>ing
for the teſtimony of the Goſpel and a good
conſcience, that they take care to teach the people
that <hi>it is lawful to</hi> rebel <hi>in behalf of God, to pre<g ref="char:EOLhyphen"/>ſerve
the true</hi> religion <hi>when it is in danger</hi> (or when
they think it is in danger) <hi>by force of Arms, and to
procure the peace of</hi> Hieruſalem <hi>by the deſtruction
of</hi> Babylon. Which being ſo, the difference be<g ref="char:EOLhyphen"/>ing
ſo great and irreconcileable between the <hi>Follow<g ref="char:EOLhyphen"/>ers</hi>
and their <hi>leader</hi> in the point of <hi>practiſe,</hi> between
the <hi>Master</hi> and the <hi>Scholars</hi> in the points of <hi>do<g ref="char:EOLhyphen"/>ctrine:</hi>
me thinks it were exceeding fit the man
were either leſs admired, or better followed; that
they who cry him up for the <hi>great Reformer,</hi> would
either ſtand to all his <hi>Tenets,</hi> or be bound to none;
that they would be ſo careful of the Churches <hi>peace,</hi>
and their own <hi>ſalvation,</hi> as not to ſwallow down
his errors in his points of <hi>diſcipline,</hi> and paſs him
by with a <hi>Magiſter non tenetur,</hi> when he doth preach
<hi>obedience</hi> to them, and doth ſo ſolidly diſcourſe
of the powers of <hi>Government.</hi>
                  <note n="b" place="margin">Tully Philip. 2.</note> 
                  <hi>Aut undi<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> reli<g ref="char:EOLhyphen"/>gionem</hi>
[ſuam] <hi>tollant, aut uſquequaque conſervent,</hi>
as <hi>Tully</hi> ſaid of <hi>Antony</hi> in another caſe. But of this
no more.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IX"/> 9. Hitherto <hi>CALVIN</hi> hath done well, few bet<g ref="char:EOLhyphen"/>ter;
of the <hi>Genevian</hi> Doctors none, <hi>ne unus qui<g ref="char:EOLhyphen"/>dem,</hi>
not ſo much as one. But there's an <hi>herb</hi> which
ſpoils the <hi>pottage,</hi> an <hi>HERB</hi> ſo venomous, that it
is <hi>mors in olla</hi> unto them that taſte it. The <hi>figs</hi> in
<pb n="32" facs="tcp:114881:25"/>
the next <hi>basket</hi> are <hi>evill,</hi>
                  <note place="margin">Ierem. 24.</note> 
                  <hi>very evill, not to be eaten,</hi>
(as it is in the Prophets words) <hi>they are ſo evill.</hi>
In that before he did exceeding ſoundly and judici<g ref="char:EOLhyphen"/>ouſly
lay down the doctrine of <hi>obedience</hi> unto Kings
and Princes, and the <hi>unlawfulneſs of Subjects taking
Arms against their Soveraign.</hi> In this to come
he openeth a moſt dangerous gap to diſobedience
and rebellions in moſt States in Chriſtendom, in
which his name is either reverenced or his works
eſteemed of. For having fully preſſed the points
before delivered unto the conſcience of the <hi>ſubject,</hi>
and utterly diſabled them from lifting up their hands
againſt the Supreme <hi>Magiſtrate,</hi> or any occaſion
whatſoever: he ſhews them how to help themſelves,
and what courſe to take, for the aſſerting of their
<hi>liberties,</hi> and the recovery of their rights, if the
Prince invade them; by telling them that all he
ſpake before was of <hi>private perſons</hi>
                  <note n="c" place="margin">Sect. 31.</note>, but that if
there were any <hi>popular Officers,</hi> ſuch as the <hi>Ephori</hi>
of <hi>Sparta,</hi> the <hi>Tribunes</hi> of <hi>Rome,</hi> the <hi>Demarchi</hi> of
<hi>Athens,</hi> ordained for the reſtraint of <hi>Kings,</hi> and
Supreme Governors, it never was his meaning
to include them in it. And ſuch power he doth
ſuppoſe to be in the <hi>three Eſtates</hi> of every King<g ref="char:EOLhyphen"/>dom,
when they are ſolemnly aſſembled; whom
he condemns as guiltie of <hi>perfidious diſsimulation,
and the</hi> betrayers of the Subjects liberties, <hi>whereof
they are the proper and appointed Guard<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ans, if they
connive at Kings when they play the Tyrants, or
want only inſult on the Common people.</hi> This is the
gap through which rebellions and ſeditions have
found ſo plauſible a paſſage in the Chriſtian world,
<pb n="33" facs="tcp:114881:25"/>
to the dethroning of ſome Kings and Princes, the
death of others. For through this gap, broke in thoſe
dangerous and ſeditious doctrines, that the <hi>inferiour
Magiſtrates are ordained by God, and not appointed
by the King,</hi> or the Supreme Powers; that being ſo
ordained by God, <hi>they are by him inabled to com<g ref="char:EOLhyphen"/>pel
the King to rule according unto juſtice and the
laws eſtabliſhed;</hi> that if <hi>the King be refractary and
and unreclaimable, they are to call him to account,</hi> and
to provide for the ſafety of the Common-wealth by
all ways and means which may conduce unto the
preſervation of it: and finally (which is the darling
doctrine of theſe later times) <hi>that there is a mix<g ref="char:EOLhyphen"/>ture
in all Governments, and that the</hi> three Eſtates
<hi>conveened in</hi> Parliament (or by what other name
ſo ever we do call their meeting) <hi>are not ſubordi<g ref="char:EOLhyphen"/>nate
to the</hi> King, <hi>but co-ordinate with him;</hi> and
have not only a <hi>ſupplemental</hi> power, to ſupply what
is defective in him, but a <hi>coercive alſo</hi> to reſtrain
his Actions, &amp; a <hi>corrective</hi> too to reform his Errors.
But this I give you now in the generals only; here<g ref="char:EOLhyphen"/>after
you ſhall ſee it more particularly, and every
Author cited in his own words for the proof here<g ref="char:EOLhyphen"/>of.
Many of which as they did live in <hi>CALVINS</hi>
time, and by their writings gave great ſcandal to
all ſoveraign Princes, but more as to the progreſs of
the <hi>Reformation;</hi> ſo could not <hi>CALVIN</hi> chooſe
but be made acquainted with the effects and conſe<g ref="char:EOLhyphen"/>quences
of his dangerous principles. Which ſince
he never did retract, upon the ſight of thoſe ſediti<g ref="char:EOLhyphen"/>ous
Pamphlets, and worſe then thoſe, thoſe bloudie
tumults and rebellions which enſued upon it; but let
<pb n="34" facs="tcp:114881:26"/>
it ſtand unaltered to his dying day: is a cleer argu<g ref="char:EOLhyphen"/>ment
to me, that this paſſage fell not from his pen
by chance, but was laid of purpoſe as a <hi>Stumbling<g ref="char:EOLhyphen"/>block</hi>
in the Subjects way, to make him fall in the
performance of his Chriſtian duty both to God and
man. For though the Book of <hi>Institutions</hi> had
been often printed in his life time, and received ma<g ref="char:EOLhyphen"/>ny
alterations and additions (as being enlarged
from a ſmall <hi>Octavo,</hi> of not above 29 ſheets, to a
large <hi>folio</hi> of 160) yet this particular paſſage ſtill
remained unchanged, and hath continued as it is
from the firſt Edition of it, which was in the year
1536. not long after his firſt coming to <hi>Geneva.</hi>
               </p>
               <p>10. But to proceed in our deſign. What fruits theſe
dangerous doctrines have produced amongſt us,
we have ſeen too plainly; and we may ſee as plainly,
if we be not blinde, through what gap theſe do<g ref="char:EOLhyphen"/>ctrines
entred, on what foundation they were built,
and unto whoſe authoritie we ſtand indebted for all
thoſe miſeries and calamities which are fallen upon
us. Yet to ſay truth, the man deſired to be concealed,
and not reputed for the Author of ſuch ſtrange
concluſions which have reſulted from his principles:
and therefore laies it down with great art and cau<g ref="char:EOLhyphen"/>tion.
<hi>Si qui,</hi> and <hi>Fortè,</hi> and <hi>ut nunc res habent,</hi>
that is to ſay, <hi>Perhaps,</hi> and <hi>as the world now goes,</hi>
and <hi>if there be ſuch Officers as have been formerly,</hi>
are the three diſguiſes, which he hath masked him<g ref="char:EOLhyphen"/>ſelf
and the point withall, that he might paſs away
unſeen. And if <hi>there be ſuch Officers</hi> as <hi>perhaps</hi>
there are, or that <hi>the world goes here</hi> as it did at
<pb n="35" facs="tcp:114881:26"/>
                  <hi>Sparta,</hi> or in the States of <hi>Rome</hi> and <hi>Athens;</hi> as
<hi>perhaps</hi> it doth; or that the <hi>three Eſtates,</hi> of each
ſeveral Kingdom have the ſame authoritie in
them as the <hi>Ephori,</hi> the <hi>Demarchi,</hi> and the <hi>Tribunes</hi>
had, as <hi>perhaps</hi> they have; the <hi>Subject</hi> is no doubt
in a good condition, as good a man as the beſt <hi>Mo<g ref="char:EOLhyphen"/>narch</hi>
of them all. But if the <hi>Ephori,</hi> the <hi>Demar<g ref="char:EOLhyphen"/>chi</hi>
and the <hi>Tribunes,</hi> were not appointed at the firſt
for the reſtiaint and regulating of the <hi>Supreme Pow<g ref="char:EOLhyphen"/>ers,</hi>
as indeed they were not; and if the <hi>three Eſtates</hi>
in each ſeveral Kingdom have not that authoritie,
which the <hi>Ephori,</hi> and the <hi>Tribunes</hi> did in fine uſurp,
and the <hi>Demarchi</hi> are ſuppoſed to have, as indeed
they have not; <hi>perhaps</hi> and <hi>peradventure</hi> will not
ſerve the turn. The <hi>ſubject</hi> ſtands upon no better
grounds, then before he did. Therefore to take
away this <hi>ſtumbling-block</hi> and remove this <hi>rub,</hi> I ſhall
propoſe and prove theſe three points enſuing. 1. That
the <hi>Ephori,</hi> the <hi>Demarchi,</hi> and the <hi>Roman Tri<g ref="char:EOLhyphen"/>bunes</hi>
were not inſtituted at the firſt, for thoſe ends
and purpoſes, which are ſuppoſed by the Author.
2. If they were inſtituted for thoſe ends, yet the illa<g ref="char:EOLhyphen"/>tion
thereupon would be weak and childiſh, as it re<g ref="char:EOLhyphen"/>lates
to Kings and Kingdoms; And 3. That the
<hi>three Eſtates</hi> in each ſeveral Kingdom without all
<hi>peradventures</hi> have no ſuch authoritie, as the Author
dreams of, and therefore of no power to controul
their King. Which if I clearly prove, as I hope I
ſhall, I doubt not but to leave the cauſe in a better
condition then I found it. And in the proof of theſe,
the firſt point eſpecially, if it be thought that
I inſiſt longer then I needed on the condition
<pb n="36" facs="tcp:114881:27"/>
of the <hi>Spartan Ephori,</hi> the <hi>Roman Tribunes,</hi> and the
<hi>Demarchi</hi> of <hi>Athens,</hi> and ſpend more coſt upon it
then the thing is worth; I muſt intreat the Reader
to excuſe me in it. I muſt firſt lay my grounds and
make ſure work there, before I go about my build<g ref="char:EOLhyphen"/>ing:
And being my deſign relates particularly to the
information and inſtruction of the <hi>Engliſh</hi> Subject, I
could not make my way unto it, but by a diſcoverie
of the means and Artifices, by which ſome petit po<g ref="char:EOLhyphen"/>pular
<hi>Officers</hi> attained unto ſo great a maſterie in
the game of Government, as to give the <hi>Check</hi> unto
their Kings. Which being premiſed once for all, I
now proced unto the proof of the points propoſed,
and having proved theſe points, I ſhall make an
end. <hi>Haec tria cum docuero perorabo,</hi> in the <hi>Orators</hi>
language.</p>
            </div>
            <div n="2" type="chapter">
               <pb n="37" facs="tcp:114881:27"/>
               <head>CHAP. II. Of the Authority of Ephori in the State of
Sparta; and that they were not inſtituted
for the ends ſuppoſed by Calvin.</head>
               <list>
                  <item>(I) The Kings of <hi>Sparta</hi> abſolute Monarchs at the
firſt.</item>
                  <item>(II) Of the declining of the Regal power, and the
<hi>condition</hi> of that State, when <hi>Lycurgus</hi> under<g ref="char:EOLhyphen"/>took
to change the Government.</item>
                  <item>(III) What power <hi>Lycurgus</hi> gave the <hi>Senate;</hi>
and what was left unto the <hi>Kings.</hi>
                  </item>
                  <item>(IV) The <hi>Ephori</hi> appointed by the <hi>Kings</hi> of
<hi>Sparta</hi> to eaſe themſelves, and curb the Senate.</item>
                  <item>(V) The blundering and miſtakes of <hi>Joſeph Sca<g ref="char:EOLhyphen"/>liger</hi>
about the firſt Inſtitution of the <hi>Ephori.</hi>
                  </item>
                  <item>(VI) The <hi>Ephori</hi> from mean beginnings grew to
great <hi>authoritie;</hi> and by what advantages.</item>
                  <item>(VII) The <hi>power</hi> and <hi>influence which</hi> they had
in the publick Government.</item>
                  <item>(VIII) By what degrees the <hi>Ephori</hi> incroached on
the <hi>Spartan Kings.</hi>
                  </item>
                  <item>(IX) The inſolencies of the <hi>Ephori</hi> towards their
<hi>Kings</hi> altered the <hi>State</hi> into a <hi>Tyrannie.</hi>
                  </item>
                  <item>(X) The <hi>Spartan Kings</hi> ſtomach the inſolencie of
the <hi>Ephori,</hi> and at last utterly deſtroy them.</item>
                  <item>(IX) An <hi>application</hi> of the former paſſages to the
<hi>point</hi> in hand.</item>
               </list>
               <p>
                  <pb n="38" facs="tcp:114881:28"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="I"/> I. I Know it is conceived by ſome that the <hi>Kings</hi> of
<hi>Sparta</hi> were but <hi>titularie</hi>
                  <note n="a" place="margin">Unlawful<g ref="char:EOLhyphen"/>neſs of reſiſt<g ref="char:EOLhyphen"/>ance, <hi>p.</hi> 90.</note>, that they were lit<g ref="char:EOLhyphen"/>tle
more then <hi>Subjects,</hi> at beſt of no more power and
influence in the publick Government, then the Duke
of <hi>Venice</hi> at this day in that <hi>Republick.</hi> And to ſay
truth, they were but little better in the latter times,
(though not altogether ſo reſtrained) after <hi>Lycurgus</hi>
firſt, and the <hi>Ephori</hi> afterwards, had by their power
and practiſes intrenched upon them; and pared
away ſo many of the faireſt Jewels in the Regal
Diadem. But <hi>ab initio non fuit ſic,</hi> it was not ſo from
the beginning: the <hi>Spartan</hi> Kings being at firſt as
abſolute Monarchs as any other of thoſe times, <hi>ubi
addictius regnabantur</hi>
                  <note n="b" place="margin">Tacit. Annal.</note>, when men were moſt de<g ref="char:EOLhyphen"/>voted
to the will of Princes. For if we look into
the antient ſtories of the States of <hi>Greece,</hi> it will
there be found, that at the return of the <hi>Heraclidae</hi>
into <hi>Peloponneſus,</hi> under the conduct of <hi>Temenus,
Cteſiphon,</hi> and <hi>Aristodemus,</hi> the ſons of <hi>Ariſtoma<g ref="char:EOLhyphen"/>chus</hi>
of the race of <hi>Hercules; Temenus</hi> poſſeſſed
himſelf of <hi>Argos, Cteſiphon</hi> of <hi>Meſſene,</hi> and <hi>Ari<g ref="char:EOLhyphen"/>ſtodemus</hi>
conquered the City and Dominion of
<hi>Sparta;</hi> which, dying very ſhortly after, he left un<g ref="char:EOLhyphen"/>to
his two ſons <hi>Euryſthenes,</hi> and <hi>Procles</hi>
                  <note n="c" place="margin">Pauſanias in Lacon. l. 3.</note>, with the
authority and name of Kings. So that acquiring
the eſtate by conqueſt, and claiming by no other
Title then by that of Arms, there is no queſtion
to be made but that they governed in the way of
abſolute Monarchs: it being not the guiſe of ſuch
as come in by conqueſt to covenant and capitulate
with their Subjects, but to impoſe their will, for a
<pb n="39" facs="tcp:114881:28"/>
law, upon them; In the firſt times, and in Domi<g ref="char:EOLhyphen"/>nion
ſo acquired, <hi>Arbitria Principum pro legibus
erant</hi>
                  <note n="d" place="margin">Juſtin. hiſt. l. 1.</note>, as we read in <hi>Juſtine.</hi> 'Tis true, the Royal
Familie was divided from the very firſt, into two
Regal Stems or Branches, both honoured with the
name of Kings, both ruling the Eſtate in common
by their mutual Counſels; of which the eldeſt
houſe was that of <hi>Agidae,</hi> ſo called from <hi>Agis,</hi> ſon
and Succeſſor unto <hi>Euryſthenes;</hi> the ſecond that of
the <hi>Eurypontidae,</hi> denominated from <hi>Eurypon,</hi> the
third from <hi>Procles</hi>
                  <note n="e" place="margin">Pauſanias l. 3.</note>. It was appointed ſo to be by
<hi>Ariſtodemus,</hi> confirmed by the Oracle of <hi>Apollo,</hi>
and ſo continued till the ſubjugating of all <hi>Greece</hi>
to <hi>Macedon.</hi> But this concludes no more againſt
<hi>abſolute Monarchie,</hi> then if it ſhould be ſaid on the
like occaſion, that the <hi>Roman</hi> Emperors were no
<hi>Monarchs,</hi> or that State no <hi>Monarchie,</hi> becauſe <hi>Carus</hi>
and <hi>Numerianus, Diocletian</hi> and <hi>Maximianus, Con<g ref="char:EOLhyphen"/>ſtantius</hi>
and <hi>Maximinus</hi> ruled the ſame together; as
after <hi>Valentinian</hi> and his Brother <hi>Valens,</hi> and the
two ſons of <hi>Valentinian</hi> and <hi>Theodoſius</hi> did by their
example. And ſo it ſeems it was conceived by <hi>Cleo<g ref="char:EOLhyphen"/>menes,</hi>
who having rooted out the <hi>Ephori,</hi> and
being grown almoſt as abſolute in the State of <hi>Spar<g ref="char:EOLhyphen"/>ta,</hi>
as any of his Predeceſſors, cauſed his Brother
<hi>Euclidas</hi> (upon the expiration of the <hi>Eurypontidae</hi>)
to be made King with him<note n="f" place="margin">Plutarch. in Agis &amp; Cleo<g ref="char:EOLhyphen"/>men.</note>: which certainly he
would not have done, had he believed that the aſ<g ref="char:EOLhyphen"/>ſuming
of a partner would have made him leſs. For
that the <hi>Spartan</hi> Kings were as <hi>abſolute</hi> Monarchs
as any others of thoſe times (when there was almoſt
no form of Government in the world but that)
<pb n="40" facs="tcp:114881:29"/>
doth appear by <hi>Plutarch,</hi> where ſpeaking of the
condition of that Government in the time of <hi>Eury<g ref="char:EOLhyphen"/>pon</hi>
(whom he calls <hi>Eurytion</hi>) he ſaith that it was
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="g" place="margin">Plutarch. Lycurgo.</note>, ſufficiently <hi>Monarchical,</hi> if it were
not more. And hereto <hi>Ariſtotle</hi> doth agree, who
ſtiles the Government of <hi>Sparta</hi> under <hi>Charilaus;</hi>
before whoſe times (by reaſon of the negligence
and connivence of ſome former Kings) the people
were become too head-ſtrong to be kept in order,
by the name of <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="h" place="margin">Ariſtot. Polit. lib. 5. cap. 12.</note>, the
<hi>tyrannie</hi> or abſolute command of <hi>Charilaus</hi> in the
State of <hi>Sparta.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="II"/> But whatſoever it was in the firſt foundation,
it held not very long in ſo good condition. For
<hi>Eurypon</hi> the Nephew of <hi>Procles,</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="i" place="margin">Plutarch. in Lycurg.</note>, affecting to be plauſible and gra<g ref="char:EOLhyphen"/>cious
with the common people, improvidently let
looſe the reigns of Government, and was the firſt
that laid aſide that ſole and abſolute power of a
King; whereupon followed great diſorder and di<g ref="char:EOLhyphen"/>ſtraction,
which continued long. For the people
finding themſelves at liberty, became very bold and
diſobedient; ſome of the Kings which did ſucceed
being hated to the very death, becauſe they did in<g ref="char:EOLhyphen"/>devour
the recovery of their old authoritie; others
being forced to diſſemble and wink at any thing,
either in hope thereby to gain the love of the peo<g ref="char:EOLhyphen"/>ple,
or becauſe indeed they were not ſtrong enough
to rule them. And this did ſo increaſe the ſtomach
of the diſſolute and rebellious multitude, that <hi>Eu<g ref="char:EOLhyphen"/>nomus</hi>
the Father of <hi>Lycurgus,</hi> being the fifth King
<pb n="41" facs="tcp:114881:29"/>
from <hi>Procles,</hi> and the third from <hi>Eurypon,</hi> was
ſlain amongſt them in a tumult. At ſuch a dear
and coſtly rate did <hi>Eurypon</hi> procure the favour
and good will of the raſcall rabble; by which he
purchaſed nothing but the loſſe of Royalty, beſides
the empty honour of having the ſecond houſe of
the Royal Family to be called by his name, the
<hi>Eurypontidae.</hi> Things growing thus from bad to
worſe, and both the Kings and people waxing
weary of that diſorder and confuſion which did
reign amongſt them; both parties caſt their eyes
upon <hi>Lycurgus,</hi> of whoſe integrity and wiſdome
they had conceived a great opinion. For the peo<g ref="char:EOLhyphen"/>ple
finding that their Kings had nothing but the
name and title, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and
nothing elſe whereby they differed from the reſt,
ſent many a ſeveral meſſage to him to require his
counſel: And on the other ſide, the Kings were
as deſirous that he ſhould return (being then gone
abroad to travel) in hope that the authority of his
preſence would bridle and reſtrain the people from
their inſolency and diſobedience towards them.
<note n="k" place="margin">Id. ibid.</note> But herein they were both deceived. For <hi>Lycur<g ref="char:EOLhyphen"/>gus</hi>
ſeeing how things ſtood, reſolved to apply
himſelf to neither party; but preſently began
to project and caſt how he might change and
alter the whole frame of Government: which
to effect, he armed himſelf and his Aſſociates, and
poſſeſſed the market-place, and ſo proceeded to
the alteration which he meant to make.<note n="l" place="margin">Id. ibid. et in Agis &amp; Cleo<g ref="char:EOLhyphen"/>men.</note> 
                  <hi>Cha<g ref="char:EOLhyphen"/>rilaus</hi>
who was then King, being forced to fly for
ſanctuary to the Temple of <hi>Juno.</hi> But <hi>Plato</hi> ſaith
<pb n="42" facs="tcp:114881:30"/>
there was another motive which induced him to
attempt this change, which was the ill ſucceſs the
other Kings his kindred of the houſe of <hi>Hercules</hi>
had found at <hi>Argos</hi> and <hi>Meſſene;</hi> where by degrees
degenerating from a <hi>Monarchy</hi> unto a <hi>Tyranny,</hi> they
were in a fair way <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, to
overthrow themſelves, their ſubjects, and their whole
eſtates. To prevent this at <hi>Sparta,</hi> which he dearly
loved, and to preſerve his Family and the State
together, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="m" place="margin">P<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>at. Epiſt. 8.</note>, he
ſet up the authority of the <hi>Senate</hi> as the only
medicine, to cure the miſerable diſtemper which the
<hi>State</hi> was in. So far, and ſomewhat further <hi>Plato;</hi>
of which more anon.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="III"/> 3. What the authority and power of this <hi>Se<g ref="char:EOLhyphen"/>nate</hi>
was, we ſee beſt from <hi>Plutarch.</hi>
                  <note n="n" place="margin">In Lycurgo.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<hi>&amp;c.</hi> 
                  <q rend="inline margQuotes">"In this change of State (ſaith
he) which <hi>Lycurgus</hi> made, his chiefeſt alterati<g ref="char:EOLhyphen"/>on
was in the conſtitution of a <hi>Senate,</hi> which
he made to have a <hi>Regal</hi> power and equal autho<g ref="char:EOLhyphen"/>rity
with the Kings in matters of the greateſt
weight and importance; and was to be the
healthful counterpoiſe of the whole body of the
Common-wealth. The other State before was
ever wavering, ſometimes inclining to <hi>tyrannie,</hi>
when the Kings were too mighty, and ſometimes
to confuſion, when the people did uſurp autho<g ref="char:EOLhyphen"/>rity:
between which two, the <hi>Senate</hi> was ordained
as the fitteſt <hi>medium</hi> to keep even the ſcale, and
fortifie the State of the Common-wealth. For
taking ſometimes the <hi>Kings</hi> part, when it was
needfull to pull down the fury of the <hi>people;</hi> and
<pb n="43" facs="tcp:114881:30"/>
ſometimes holding with the <hi>people</hi> againſt the
<hi>Kings,</hi> to bridle their tyrannical Government;
they were the means that neither of the two did
oppreſs the other."</q> This Court or <hi>Senate</hi> had
the ſupreme direction and command in all things
of moment, which did concern the Common-wealth,
both for peace and war; and had the
higheſt jurisdiction and <hi>dernier reſort,</hi> from which
there could be no appeal: in which regard <hi>Pauſa<g ref="char:EOLhyphen"/>ſanias</hi>
cals it <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,<note n="o" place="margin">Pauſanias in Lacon. l. 3.</note> the
ſoveraign Court of the <hi>Republick.</hi> It conſiſted of
28. <hi>Senators,</hi> all choſen out of the Nobility and
chief men of the City; who together with the
two <hi>Kings</hi> (who were allowed their voices in it)
made up thirty in all; and unto theſe it did belong
to call the aſſemblies of the people, to propound
that to them which they thought convenient, and
to diſſolve them too when they ſaw occaſion.<note n="p" place="margin">Plutarch. ibid.</note> But
for the people ſo aſſembled, it was not lawful for
them to propound any thing to be debated or de<g ref="char:EOLhyphen"/>termined,
nor to deliver their opinion in the point
propoſed: there being nothing left to them, but
to teſtifie their aſſent to the propoſitions, which
either by the Senate or the two Kings had been
made unto them. So that whatever the Kings loſt,
the people got little by the alteration, being left
out of all imployment in affairs of State, and
forced to yeeld obedience unto thirty Maſters,
whereas before they had but two. And as for the
authority which remained unto the <hi>Kings,</hi> it con<g ref="char:EOLhyphen"/>ſiſted
eſpecially in the conducting of the Armies,
and the <hi>ſupremacy</hi> in matters that concerned Reli<g ref="char:EOLhyphen"/>gion
<pb n="44" facs="tcp:114881:31"/>
(for this hath alwaies gone along with the
Kingly office). <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, <hi>&amp;c.</hi>
                  <note n="q" place="margin">Xenophon de Repub. Lace<g ref="char:EOLhyphen"/>damon.</note> For
it was ordered by <hi>Lycurgus,</hi> that the King ſhould
offer ſacrifice for the proſpetity of the Common-wealth,
when the neceſſity of their affairs did re<g ref="char:EOLhyphen"/>quire
the ſame, as one deſcended from the gods;
that they ſhould participate of the thing ſacrificed
when the gods were ſerved, and have a pig of
every litter, that they might never want a ſacrifice,
if upon any ſudden accident the gods were to be
adviſed withall. <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<hi>&amp;c.</hi> It alſo appertained to them to command the
Armies, as oft as they were ſent abroad on any
military imployment; and had a Pavilion allowed
them at the publick charge, for entertainment of
ſuch company as repaired unto them. In theſe
two points the honour and authority of the Kings
conſiſted principally, which <hi>Ariſtotle</hi> alſo hath ob<g ref="char:EOLhyphen"/>ſerved.
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="r" place="margin">Ariſtot. Po<g ref="char:EOLhyphen"/>litic. l. 3. c. 10.</note>. <hi>Su<g ref="char:EOLhyphen"/>premacy</hi>
in <hi>Divine, command</hi> in <hi>Military</hi> matters,
was all in which they differed from the other <hi>Se<g ref="char:EOLhyphen"/>nators;</hi>
and this command (I mean in <hi>military</hi> mat<g ref="char:EOLhyphen"/>ters)
was both perpetual and hereditary, as the
ſame Author tels us there and in other places<note n="s" place="margin">Id. ibid. &amp; l. 2 c. 7. &amp; l. 3. c. 11.</note>.
For matters which were meerly <hi>honourary,</hi> they
had ſome <hi>prerogatives:</hi> the Kings being allowed
a <hi>double Meſſe</hi> in all their <hi>Ordinaries,</hi> the <hi>Senators</hi>
and all the pople ariſing from their ſeats to do him
reverence, when he came amongſt them, yeelding
him more then humane honours when he was
deceaſed, as to a <hi>Demi-god</hi> at leaſt. And for their
<pb n="45" facs="tcp:114881:31"/>
maintenance and ſupport when they were alive,
there was allotted to them a proportion of the richeſt
lands in many of the Villages and fields adjoy<g ref="char:EOLhyphen"/>ning
<note n="t" place="margin">Xerophon in Repub. Lace<g ref="char:EOLhyphen"/>daem.</note>; enough to keep them out of want, though
not ſufficient to make them either rich or powerful.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IV"/> 4. The royalty and power of the <hi>Kings</hi> being
thus impaired, the <hi>people</hi> abſolutely diſcharged
from having any hand at all in the publick Go<g ref="char:EOLhyphen"/>vernment,
and the authority of the <hi>Senate</hi>
growing every day more inſolent and predomi<g ref="char:EOLhyphen"/>nant
then at firſt it was, by reaſon that they
held their place for term of life, as we finde in
<note n="u" place="margin">Plutarch in Ageſilao.</note> 
                  <hi>Plutarch;</hi> the Kings reſolved upon a courſe of
putting the <hi>people</hi> into ſuch condition as might
inable them to curb and control the <hi>Senators.</hi> To
this end <hi>Theopompus</hi> the ninth King of the ſecond
houſe, with the conſent of <hi>Polydorus</hi> his Aſsociate,
ordained certain <hi>Officers,</hi> being five in number<note n="x" place="margin">Ariſtot. Pol. l. 2. 8.</note>,
and choſen out of the body of the <hi>common people</hi>
                  <note n="y" place="margin">Id. Polit. l. 2. c. 7.</note>,
and annually renewed or changed, as occaſion
was<note n="z" place="margin">Plutarch in Ageſilao.</note>; to whom authority was give, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
even in the higheſt points, and of moſt impor<g ref="char:EOLhyphen"/>tance,
as we are told by <hi>Ariſtotle</hi>
                  <note n="a" place="margin">Ariſtot. Poli<g ref="char:EOLhyphen"/>tic. l. 2. c. 7.</note>, and ſhall ſee
anon. Theſe <hi>Offices</hi> he cauſed to be called by the
name of <hi>Ephori,</hi> that is to ſay, the <hi>Overſeers,</hi> and
<hi>Superintendents</hi> of the State, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="b" place="margin">Snidas.</note>, becauſe they had the charge and
overſight of the Commonwealth. And as amongſt
the <hi>Archontes</hi> in the State of <hi>Athens</hi> which were
nine in number, one of them was called the
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or the <hi>Archon</hi> in the way of <hi>excel<g ref="char:EOLhyphen"/>lency,</hi>
                  <pb n="46" facs="tcp:114881:32"/>
after whoſe name the year was called, and
their reckonings made (as <hi>Titio &amp; Sempronio Coſſ.</hi>
in the State of <hi>Rome</hi>); ſo had the <hi>Ephori</hi> their
<hi>Eponymus,</hi> one who by way of eminency was cal<g ref="char:EOLhyphen"/>led
the <hi>Ephorus</hi>
                  <note n="c" place="margin">Pauſan. lib. 3. in Lacon.</note>. But for this firſt reaſon of
their inſtitution, take it thus from <hi>Plutarch,</hi>
                  <note n="d" place="margin">Plutarch in Lycurgo.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<hi>&amp;c.</hi> 
                  <q rend="inline margQuotes">"<hi>Lycurgus</hi> having
thus tempered the form of his Common-wealth,
it ſeem'd notwithſtanding unto thoſe which came
after him, that this ſmall number of thirty per<g ref="char:EOLhyphen"/>ſons
which made the <hi>Senate,</hi> was yet too mighty
and of too great authority. Wherefore to bridle
them a little, they gave them (as he cites from <hi>Pla<g ref="char:EOLhyphen"/>to</hi>)
a bit in their mouthes, which was the authority
of the <hi>Ephori,</hi> erected in the time of King <hi>Theopom<g ref="char:EOLhyphen"/>pus,</hi>
about 130 years after the death of <hi>Lycurgus.</hi>"</q>
A ſecond reaſon which induced thoſe Kings to or<g ref="char:EOLhyphen"/>dain
theſe <hi>Ephori,</hi> was to eaſe themſelves, and de<g ref="char:EOLhyphen"/>legate
upon them that remainder of the <hi>Royal</hi>
power, which could not be exerciſed but within
the City. For the Kings having little or no com<g ref="char:EOLhyphen"/>mand
but in wars abroad, cared not for being
much at home, and thereupon ordained theſe <hi>Of<g ref="char:EOLhyphen"/>ficers,</hi>
to ſupply their places. Concerning which
<hi>Cleomenes</hi> thus diſcourſeth to the <hi>Spartans</hi>
                  <note n="e" place="margin">Id. in Agis &amp; Cleomenes.</note> af<g ref="char:EOLhyphen"/>ter
they had deſtroyed the <hi>Ephori,</hi> and ſuppreſſed
the Office: <q rend="inline margQuotes">"informing them that <hi>Lycurgus</hi> had
joyned the <hi>Senators</hi> with the Kings, by whom
the Common-wealth was a long time governed,
without help of any other <hi>Officers;</hi> that after<g ref="char:EOLhyphen"/>wards
the City having great wars with the <hi>Meſ<g ref="char:EOLhyphen"/>ſenians,</hi>
the Kings were alwaies ſo imployed in
<pb n="47" facs="tcp:114881:32"/>
that war that they could not attend the affairs of
the State at home, and thereupon made choice
of certain of their friends to ſit in judgement in
their ſtead, whom they called the <hi>Ephori,</hi> 
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>,
and for a long
time did govern only as the Kings Miniſters,
though afterwards by little and little they took
unto themſelves the ſupreme authority."</q> Ano<g ref="char:EOLhyphen"/>ther
reaſon hath been given of the inſtitution,
which is, that if a difference grew between the
two <hi>Kings</hi> in a point of judgement, there might
be ſome to arbitrate between them, and to have
the caſting voice amongſt them when the difference
could not be agreed. And this is that which <hi>Li<g ref="char:EOLhyphen"/>ſander</hi>
and <hi>Mandroclidas</hi> (two that had been <hi>Ephori</hi>)
ſuggeſted unto <hi>Agis</hi> and <hi>Cleombrotus</hi> the two Kings
of <hi>Sparta;</hi> declaring,<note n="f" place="margin">Id. ibid.</note> 
                  <q rend="inline margQuotes">"That the office of the
<hi>Ephori</hi> was erected for no other reaſon, <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>,
<hi>&amp;c.</hi> But becauſe <hi>they ſhould give
their voices unto that King who had the best rea<g ref="char:EOLhyphen"/>ſon
on his ſide,</hi> when the other would wilfully
withſtand both right and reaſon; and therefore
that they two agreeing might lawfully do what
they would without controlment; that to reſiſt
the Kings was a breach of law, conſidering that
the <hi>Ephori,</hi> by law, had no power nor privi<g ref="char:EOLhyphen"/>ledge,
but only to arbitrate between them, when
there was any cauſe of jarre or controverſie."</q>
And this was ſo received at <hi>Sparta,</hi> for an un<g ref="char:EOLhyphen"/>doubted
truth, that <hi>Cleomenes</hi> being ſole <hi>King,</hi>
upon the death of <hi>Agis</hi> of the other houſe, re<g ref="char:EOLhyphen"/>called
<pb n="48" facs="tcp:114881:33"/>
called <hi>Archidamus</hi> the brother of <hi>Agis</hi> from his place
of baniſhment, with an intent to make him King, not
doubting but they two ſhould agree together, and
thereby make the <hi>Ephori</hi> of no power nor uſe. So
then we have three reaſons of the inſtitution, (and
more then theſe I cannot finde) of which there is not
one that favoureth the device of <hi>CALVIN;</hi> or
intimateth that the authority of the <hi>Ephori</hi> was
ſet up, to pull down the <hi>Kings.</hi> And to ſay
truth, it is a moſt unlikely matter that the Kings
of <hi>Sparta</hi> having ſo little power remaining, ſhould
need more <hi>Officers</hi> to reſtrain them then they had
before; that they ſhould make a new rod for their
own poor backs, and add five Maſters more to
thoſe eight and twenty, which <hi>Lycurgus</hi> had im<g ref="char:EOLhyphen"/>poſed
upon them. Which makes me wonder much
at <hi>Tully,</hi> who doth acknowledge that the <hi>Ephori</hi>
were ordained by <hi>Theopompus,</hi> (as both <hi>Aeriſtotle</hi>
                  <note n="h" place="margin">Ariſtot. Polit. l. 5. c. 11.</note>
and <hi>Plutarch</hi> do affirm) and yet will have them
inſtituted for no other cauſe, <hi>niſi ut oppoſiti ſint
Regibus,</hi> but to oppoſe and curb the Kings<note n="i" place="margin">Cicero de le<g ref="char:EOLhyphen"/>gibus l. 3.</note>: but
more that <hi>Plato</hi> (who had ſo much advantage of
him both in time and place) ſhould aſcribe the
inſtitution to <hi>Lycurgus;</hi> and tell us that he did
not only ordain the <hi>Senate,</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="k" place="margin">Plato Ep. 8. edit. gr. lat. To. 3.</note>, but that he did
alſo conſtitute the <hi>Ephorate,</hi> for the ſtrength and
preſervation of the <hi>Regal</hi> power.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="V"/> 5. For out of doubt it is affirmed by <hi>Plutarch</hi>
                  <note n="l" place="margin">Plut. in Ly<g ref="char:EOLhyphen"/>curgo.</note>,
confirmed by <hi>Scaliger</hi>
                  <note n="m" place="margin">Scalig. ani<g ref="char:EOLhyphen"/>madverſ. in Euſeb. Chron.</note>, and may be gathered
<pb n="49" facs="tcp:114881:33"/>
from ſome paſſages in <hi>Euſebius Chronicon,</hi> and
the authoritie of <hi>Ariſtotle,</hi> who refers the ſame to
<hi>Theopompus,</hi> as before was ſhewed, that the firſt
Inſtitution was no leſs then 130 years after the death
of <hi>Lycurgus.</hi> Who was the firſt that bore this
Office hath been made a queſtion, but never till
theſe later times, when men are grown, ſuch <hi>Sceptics</hi>
as to doubt of every thing. <hi>Plutarch</hi> affirms for
certain,<note n="n" place="margin">Plutarch. in Lycurgo.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, that the firſt <hi>E<g ref="char:EOLhyphen"/>phorus</hi>
(that is to ſay, the firſt <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, who had
the name of <hi>Ephorus</hi> by way of excellencie, for
otherwiſe there were five in all) was called <hi>Ela<g ref="char:EOLhyphen"/>tus:</hi>
and hereto <hi>Scaliger</hi> did once agree, as ap<g ref="char:EOLhyphen"/>pears
expreſsly, <hi>pag.</hi> 67. of his Annotations on
<hi>Euſebius,</hi> where he declares it in theſe words, <hi>Pri<g ref="char:EOLhyphen"/>mus</hi>
Elatus <hi>renunciatur</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>. But after
having a deſire to controll <hi>Euſebius,</hi> he takes occa<g ref="char:EOLhyphen"/>ſion
by ſome words in <hi>Diogenes Laertius</hi> to cry
up <hi>Chilo</hi> for the man: firſt poſitively, <hi>Primus</hi>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> 
                  <hi>fuit Chilon,</hi> and next excluſively of <hi>Ela<g ref="char:EOLhyphen"/>tus,
Quibus animadverſis non fuerit</hi> Elatus <hi>primus
Ephorus ſed Chilon.</hi> To make this good, being
a fancie of his own (and as his own moſt dearly che<g ref="char:EOLhyphen"/>riſhed)
he produceth firſt the teſtimony of <hi>Laer<g ref="char:EOLhyphen"/>tius,</hi>
and afterwards confirms the ſame by a new
<hi>emendatio temporum,</hi> a Calculation and accompt
of his own inventing. The words produced
from <hi>Laertius</hi> are theſe <hi>verbatim;</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<pb n="50" facs="tcp:114881:34"/>
                  <note n="o" place="margin">Diogen. Lae<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>t. l. 1. in Chilo.</note>Which is thus rendred in the
<hi>Latine,</hi> and I think exactly. <hi>Fuit autem</hi> Epho<g ref="char:EOLhyphen"/>rus
<hi>circa quinquageſimam &amp; quintam Olympiada. Porro</hi>
Pamphila <hi>circa ſextam ait, primum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
                  </hi> Ephorum <hi>fuiſſe
ſub</hi> Euthydemo, <hi>autore</hi> Soſicrate: <hi>primum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> inſtitu<g ref="char:EOLhyphen"/>iſſe
ut Regibus</hi> Ephori <hi>adjungerentur,</hi> Satyrus Lycur<g ref="char:EOLhyphen"/>gum
<hi>dixit.</hi> If it be granted in the firſt place, that
<hi>Chilo</hi> was not made <hi>Ephorus</hi> until the 55 <hi>Olympi<g ref="char:EOLhyphen"/>ad,</hi>
as 'tis plain he was not, and <hi>Scaliger</hi> affirms
as much, it muſt needs follow upon true account,
that either <hi>Chilo</hi> was not the firſt <hi>Ephorus,</hi> or that
the <hi>Ephori</hi> were not inſtituted in more then twice
an hundred and thirtie years, after <hi>Lycurgus</hi> had
new molded the Common-wealth, contrary unto
that which is ſaid by <hi>Plutarch,</hi> and out of him re<g ref="char:EOLhyphen"/>peated
by <hi>Joſeph Scaliger.</hi> For from the time
wherein <hi>Lycurgus</hi> made his Laws, which was in
the 25 year of <hi>Archelaus,</hi> the eighth King of the
elder houſe, unto the death of <hi>Alcamenes,</hi> which
was the year before the firſt <hi>Olympiad</hi>
                  <note n="p" place="margin">Euſeb. Chron. lib. poſt. p. 114. <hi>of</hi> Scaligers edit.</note>, were 112
years juſt, none under. From thence unto the laſt
year of the 55. 220 years complete; which put
together make no fewer then 332 years full, a large
miſreckoning. Whereas the ſecond year of the
fifth <hi>Olympiad,</hi> in which <hi>Euſebius</hi> puts the Inſtitu<g ref="char:EOLhyphen"/>tion
of the <hi>Ephori,</hi> both in the <hi>Greek</hi> and <hi>Latine</hi>
Copies ſet out by <hi>Scaliger</hi> himſelf<note n="q" place="margin">
                     <hi>Pag.</hi> 115. of the <hi>Latine,</hi> &amp; 35. of the <hi>Greek</hi> Edition.</note>; that ſecond
year I ſay being added to the 112 before-remem<g ref="char:EOLhyphen"/>bred,
in which King <hi>Alcamenes</hi> died, makes up
the full number of 130, which we finde in <hi>Plutarch;</hi>
and agrees punctually with the time of <hi>Theopompus,</hi>
                  <pb n="51" facs="tcp:114881:34"/>
who as it is confeſſed by <hi>Scaliger,</hi> did firſt ordain
them. Nor doth <hi>Laertius</hi> ſay, if you mark him
well, either that <hi>Chilo</hi> was the firſt that was ever
<hi>Ephorus,</hi> or the firſt that joyned the <hi>Ephori</hi> to
the Kings of <hi>Sparta,</hi> both which abſurdities are by
<hi>Scaliger</hi> impoſed upon him. For unto any one
who looks upon <hi>Laertius</hi> with a careful eye, it
may be eaſily diſcerned, that he ſpeaks no otherwiſe
of the <hi>Ephorate,</hi> then of an Office inſtituted a long
time before; with the condition of the which <hi>Chilo</hi>
was well acquainted, and therefore thought himſelf
more fit to undergo it then his Brother was, who
very earneſtly deſired it<note n="r" place="margin">Laertius in vi<g ref="char:EOLhyphen"/>sa Chilon.</note>. All that <hi>Laertius</hi> ſaith,
is no more but this, that <hi>Chilo</hi> was made <hi>Ephorus</hi>
firſt, (not the firſt <hi>Ephorus</hi> which was made, as
<hi>Scaliger</hi> would have it) under <hi>Euthydemus;</hi> and
that as <hi>Satyrus</hi> affirmed (who therein queſtionleſs
was miſled by <hi>Plato) Lycurgus</hi> was the firſt who
joyned the <hi>Ephori</hi> to the <hi>Spartan</hi> Kings; which
words, <hi>viz.</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, he hath left out of
purpoſe to abuſe his Author, and make him ſpeak
the thing which he never meant. His other blun<g ref="char:EOLhyphen"/>derings
and miſtakes to make good this buſineſs,
firſt laying the diſſolution of the <hi>Ephorate</hi> by <hi>Cle<g ref="char:EOLhyphen"/>omenes,
non multo ante vel poſt initium Philippi</hi>
                  <note n="s" place="margin">
                     <hi>Pag.</hi> 67. of the Animadverſ.</note>,
either not long before or ſhortly after the begin<g ref="char:EOLhyphen"/>ning
of the reign of <hi>Philip</hi> the laſt King of <hi>Mace<g ref="char:EOLhyphen"/>don,</hi>
but one (which indeed is true) and within
nine lines, no more, laying it in the 13. year of the
ſelf ſame King <hi>Philip,</hi> (moſt extremely falſe) the
changing of his Authors words from <hi>Fuit autem
<pb n="52" facs="tcp:114881:35"/>
ſub Regibus</hi> Lacedaemon <hi>annis</hi> 350, as they occur in
the Tranſlation of S. <hi>Hierom,</hi> printed at <hi>Baſil,</hi> into
<hi>Fuit ſub Regibus</hi> Lacedaemoniorum <hi>Annis</hi> 350, a<g ref="char:EOLhyphen"/>gainſt
the Authors minde and the rules of <hi>Grammar,</hi>
only to bring about his device of <hi>Chilo,</hi> and blinde
his Readers eyes with a new <hi>Chronologie;</hi> and others
I could point to if my leiſure ſerved, I purpoſe to
forbear at the preſent time. Nor had I been ſo
bold with <hi>Scaliger</hi> at all, or at leaſt not now, but
that the proud man is more bold with the Antient
Fathers, whom he is pleaſed to look on with con<g ref="char:EOLhyphen"/>tempt,
and ſcorn, as often as they come before him:
for which ſee <hi>pag.</hi> 255 of his <hi>Annotations.</hi> And
ſo I leave him with that cenſure which he gives
<hi>Euſebius,</hi> as learned and induſtrious an Antiquarie,
as any <hi>Scaliger</hi> of them all, (no man diſpraiſed):
<hi>Erratis hujus Autoris enumerandis charta non ſuffece<g ref="char:EOLhyphen"/>rit</hi>
                  <note n="t" place="margin">Animadverſ. in Euſeb. p. 255.</note>; and ſo fare him well.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VI"/> 6. But to proceed, the <hi>Ephori</hi> being thus or<g ref="char:EOLhyphen"/>dained
by <hi>Theopompus,</hi> became not preſently of
ſuch authority and power, as by degrees they did
attain to: For being choſen by the Kings as their
proper Miniſters as before was ſaid, and many times
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, even from their very neereſt friends, as
we read in <hi>Plutarch</hi>
                  <note n="u" place="margin">Plutarch. <hi>in</hi> Agis &amp; Cleo<g ref="char:EOLhyphen"/>men.</note>; they were hard thruſt at
by the <hi>Senate,</hi> and forced to put up many an af<g ref="char:EOLhyphen"/>front
from that mightier body. And this was it
that <hi>Chilo</hi> aimed at, when he told his Brother who
at the ſame time deſired the Office, and ſeemed of<g ref="char:EOLhyphen"/>fended
that he loſt it, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="x" place="margin">Laertius in vita Chilon.</note>,
<pb n="53" facs="tcp:114881:35"/>
that he was better skilled in bearing injuries
and affronts, then his Brother was. But this con<g ref="char:EOLhyphen"/>tinued
for no longer then whileſt the Kings ſerved
their turns upon them to oppoſe the <hi>Senate,</hi> and
kept the nomination of them in their own hands.
For afterwards the Kings relinquiſhing the election
to the common people, upon a <hi>forlorn hope,</hi> of gain<g ref="char:EOLhyphen"/>ing
their affections by ſo great a benefit; they be<g ref="char:EOLhyphen"/>gan
to ſet up for themſelves, and in a very little
time gained all the cuſtom of the City. And of
this new election I am apt to think that <hi>Chilo,</hi> whom
before we ſpake of, was the firſt <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>. Which I
propoſe not ſo much out of a deſire to comply with
<hi>Scaliger,</hi> who for ought I can ſee, aimed at no ſuch
matter; as on the credit of <hi>Euſebius,</hi> whom he ſo
much ſlighteth. For in <hi>Euſebius Chronicon</hi> of
<hi>Joſeph Scaligers</hi> own Edition, after he hath put
down the inſtitution of the <hi>Ephori</hi> in the ſecond of
the fifth <hi>Olympiad,</hi> as before I told you; he gives
this <hi>Item</hi> in the third of the five and fiftieth (which
is the very ſame that <hi>Laertius</hi> ſpeaks of) <hi>Chilo qui
de Septem Sapientibus fuit, Lacedaemone</hi> Ephorus
<hi>constituitur</hi>
                  <note n="y" place="margin">Euſeb. Chronic. lib. poſter. p. 127.</note>, <hi>diſpoſitione communus gentis,</hi> that
<hi>Chilo</hi> one of the <hi>ſeven wiſe Maſters</hi> was ordained
<hi>Ephorus</hi> at <hi>Sparta,</hi> by the general conſent of all the
people. But whether this were ſo, or not, I am not
able to determine abſolutely. All I obſerve from
hence is this, that it is paſt all queſtion, that from
this time they took upon them more then they had
done formerly, and were intent on all advantages
to improve their power. For whereas at the firſt
<pb n="54" facs="tcp:114881:36"/>
they were appointed by the Kings to ſit in judge<g ref="char:EOLhyphen"/>ment
in their ſteeds, as before was ſaid, by little and
little <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="z" place="margin">Plutarch in Agis &amp; Cleom.</note>, they drew that power un<g ref="char:EOLhyphen"/>to
themſelves, and exerciſed it in their own name, by
their own authoritie: not as the <hi>Ministers</hi> of the
<hi>Kings,</hi> they would none of that, but as the <hi>Offi<g ref="char:EOLhyphen"/>cers</hi>
of the <hi>Common-wealth.</hi> And to that end they
did erect a Court of <hi>Judicature,</hi> which for power
and greatneſs of authoritie was little inferiour to
the <hi>Senate;</hi> drawing unto them all ſuch buſineſſes
as were <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="a" place="margin">Pauſan. l. 3. in Laconicis.</note>, moſt worthy of
care and conſideration. By means whereof, as
they drew many of the people to depend upon
them, whoſe buſineſſes and ſuits of law were brought
to be determined by them<note n="b" place="margin">Ariſtot. Polit. lib. 3. cap. 1.</note>; ſo they increaſed that
dependance, by husbanding ſuch difference as did
oft ariſe between the <hi>Senate</hi> and the <hi>Kings,</hi> to
their own advantage. For it is well obſerved by
<hi>Ariſtotle,</hi> that as long as the Senate and the Kings did
agree together, they kept all the power in their
own hands: <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="c" place="margin">Id. ibid. l. 2. c. 9.</note> but when
they jarred amongſt themſelves, they gave the
people opportunitie to become their Maſters. But
that which raiſed them to the height, and made
them terrible at laſt both to <hi>King</hi> and <hi>Senate,</hi> was
the mutual tie and correſpondence which was be<g ref="char:EOLhyphen"/>tween
them and the people: by whom they were
not only choſen, and therefore cheriſhed by them
as their own de<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>r <hi>creatures:</hi> but for the moſt part
choſen <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, out of the body of the people,
and ſometime <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="d" place="margin">Ariſtot. Polit. l. 2. cap. 7.</note>: out of the very
<pb n="55" facs="tcp:114881:36"/>
meaneſt and the needieſt of them; which made
them on the other ſide to court the people, and
to apply themſelves unto them upon all occaſions.
And though it happened many times, that ſome
of them being indigent and needie men, were ea<g ref="char:EOLhyphen"/>ſily
wrought upon by money, and apt to ſell as well
the juſtice as the honor of the Common-wealth,
to enrich themſelves and raiſe their families; where<g ref="char:EOLhyphen"/>of
<hi>Aristotle</hi> much complains, and that deſerved<g ref="char:EOLhyphen"/>ly
<note n="e" place="margin">Id. ibid. et c. 8<g ref="char:punc">▪</g>
                  </note>: yet this corruption ſerved to advance their
power, and put them into a condition to be the bet<g ref="char:EOLhyphen"/>ter
able to oblige the people. So that the common
ſort of people doing all they could to advance the
power and reputation of the <hi>Ephori,</hi> whom they
accounted for their own, as indeed they were;
and the <hi>Ephori</hi> ſtriving by all poſſible means to gra<g ref="char:EOLhyphen"/>tifie
the people, by obtaining new laws and large
immunities to be enacted for them, as they ſaw oc<g ref="char:EOLhyphen"/>caſion:
they altered the whole frame of Govern<g ref="char:EOLhyphen"/>ment,
and made it of an <hi>Ariſtocracie</hi> to become
an <hi>Oligarchie,</hi> and in concluſion a plain <hi>popular ty<g ref="char:EOLhyphen"/>rannie.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VII"/> 7. For truſting to the power and intereſs which
they had in the Commonaltie, and the ſupport
they were aſſured from them, if the caſe required
it; they drew unto themſelves the managerie of
the State-affairs; and grew ſo powerful at the laſt,
that if they did not all things of their own autho<g ref="char:EOLhyphen"/>ritie,
yet they had ſuch an hand on the <hi>Kings</hi> and
<hi>Senate,</hi> that nothing could be done without them.
<pb n="56" facs="tcp:114881:37"/>
Were any laws to be enacted, who but the <hi>Epho<g ref="char:EOLhyphen"/>ri</hi>
muſt propound them? Or any Taxes to be le<g ref="char:EOLhyphen"/>vied
for the neceſſarie uſes of the Common-wealth,
who but the <hi>Ephori</hi> muſt impoſe them?<note n="f" place="margin">Plutarch in Agis &amp; Cleo<g ref="char:EOLhyphen"/>men.</note> When
<hi>Lyſander</hi> had reduced the City of <hi>Athens</hi> unto ſuch
extremities, that they were glad to yeeld unto ſuch
conditions as the Conquerors were pleaſed to im<g ref="char:EOLhyphen"/>poſe
upon them: from whom muſt the Capitula<g ref="char:EOLhyphen"/>tions
come, but from the <hi>Ephori?</hi> It was the
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="g" place="margin">Id. in. Lyſan<g ref="char:EOLhyphen"/>dro.</note>, the final reſolution of the <hi>Epho<g ref="char:EOLhyphen"/>ri,</hi>
from which they were to expect either bonds
or libertie. <hi>Cynado</hi> is accuſed of Treaſon againſt
<hi>Ageſilaus</hi> and the State of <hi>Sparta,</hi> the <hi>Ephori</hi> muſt
take the information and proceed accordingly<note n="h" place="margin">Xenoph<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>n. in vita Ageſilai.</note>:
and if <hi>Pauſanias</hi> be accuſed of holding correſpon<g ref="char:EOLhyphen"/>dence
with the King of <hi>Perſia,</hi> the <hi>Ephori</hi> ſend
out their commands,<note n="i" place="margin">Thucydides. l. 1.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and
commit him preſently to Priſon. When any Am<g ref="char:EOLhyphen"/>baſſadors
were ſent forth on the publick ſervice,
from whom muſt they receive their power, from
whom be furniſhed with inſtructions, but from
the <hi>Eph<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ri</hi> alone<note n="k" place="margin">Plut. in Nici<g ref="char:EOLhyphen"/>as.</note>? and who but they muſt ap<g ref="char:EOLhyphen"/>point
Commanders for the Wars, require accompt
of their imployments, and either puniſh or re<g ref="char:EOLhyphen"/>ward
them as they have deſerved? When <hi>Cleony<g ref="char:EOLhyphen"/>mus</hi>
was diſpleaſed becauſe <hi>Areus</hi> was preferred be<g ref="char:EOLhyphen"/>fore
him in his pretenſions to the Kingdom: the
<hi>Ephori</hi> did not only take upon them to ſweeten and
demulce the man by great gifts and preſents, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="l" place="margin">Pauſan. l. 3. in Lacon.</note> but alſo to confer upon him
the command of the Army, though of right be<g ref="char:EOLhyphen"/>longing
<pb n="57" facs="tcp:114881:37"/>
to the Kings. When <hi>Mindarus</hi> the Ad<g ref="char:EOLhyphen"/>miral
of their Navie was miſerably beat by the <hi>A<g ref="char:EOLhyphen"/>thenians</hi>
in the ſtraight of <hi>Helleſpont,</hi> an <hi>expreſs</hi> is
preſently diſpatched to <hi>Sparta,</hi> to give unto the
<hi>Ephori</hi> an account thereof<note n="m" place="margin">Plutarch. in Alcibiades.</note>: <hi>Lyſander</hi> had no ſooner
revenged this quarrel, and beat the Fleet of the
<hi>Athenians</hi> neer the ſelf ſame place, but he acquaints
the <hi>Ephori</hi> with his good ſucceſs, with all ſpeed
that might be<note n="n" place="margin">Idem in Ly<g ref="char:EOLhyphen"/>ſandro.</note> And if the Wars prove fortu<g ref="char:EOLhyphen"/>nate,
and the ſpoil ſo great, that part thereof be
ſent to <hi>Sparta,</hi> to be laid up in the publick <hi>Trea<g ref="char:EOLhyphen"/>ſurie;</hi>
the <hi>Ephori,</hi> and none but they muſt have
the fingering of the money<note n="o" place="margin">Id. ibid.</note>. Finally there was
no Commander of the Armies, or other Officer
imployed by the Common-wealth, whom they
called not to an accompt as their ſtomachs ſerved;
not ſtaying till the Office was expired, and the Com<g ref="char:EOLhyphen"/>mander
or the Officer become a private man again,
as in other States; but even in the midſt of their
Command and Magiſtracie whatſoever it was:
and whom they did not puniſh when they came
before them, either by impriſonment or death<note n="p" place="margin">Xenophon de Repub. Lace<g ref="char:EOLhyphen"/>daem.</note>,
as to them ſeem'd beſt. Thus have we brought them
to their height, and ſeen them abſolutely poſſeſſed
of the <hi>Supreme Power,</hi> in making peace or war as
they thought convenient; and in diſpoſing of the
goods, the liberties, yea and the lives too of the
<hi>Spartan</hi> ſubject. It had been a ſtrange temper in them
had they tarried there, and not incroached as much
(whileſt the tide went with them) upon the perſons
and the power of the <hi>Kings</hi> themſelves.</p>
               <p>
                  <pb n="58" facs="tcp:114881:38"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="VIII"/> 8. For howſoever at the firſt they were <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
the <hi>Ministers</hi> of the <hi>Kings</hi> as before
was told you, and accomptable to none but them:
yet after they were reckoned for the <hi>Officers</hi> of the
<hi>Common wealth,</hi> they caſt off all relation to the
Kings, their Maſters, and thought themſelves their
Equals at the beſt, and at laſt their betters. A
point which <hi>Theopompus</hi> did but little dream of,
when firſt he ſet them up to oppoſe the <hi>Senate,</hi> al<g ref="char:EOLhyphen"/>though
his Queen a wiſe and underſtanding Ladie,
did evidently ſee, and tell him, what would follow
on it. Of which we finde this ſtorie in the works
of <hi>Ariſtotle,</hi> and from him borrowed by <hi>Plutarch</hi>
if I gueſs aright, that his wife ſeeing what deſign
he was bent upon, and how unluckily he was car<g ref="char:EOLhyphen"/>ried
on to effect the ſame, adviſed him to take heed
that by erecting this new <hi>Magiſtracie,</hi> he did not
leave the Kingdom in a worſe condition to his
Heirs and Succeſſors, then he received the ſame
from his Predeceſſors; and that he anſwered there<g ref="char:EOLhyphen"/>unto,
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="e" place="margin">Ariſtot. Polit. l. 5. c 11.</note>, that by this means
he hoped to leave it ſtronger and more durable then
it was before. But the event declared unto all the
world that the woman was the better <hi>Prophet,</hi> and
had the greater inſight into things to come. The
power of Soveraigntie when once communicated
to the common people, or otherwiſe uſurped by
ſuch popular Officers, as depend wholly on the
people for their place and being, is ſeldom times re<g ref="char:EOLhyphen"/>covered
into Regal hands. And though ſome Kings
may be perſwaded by ſome ſubtile artifices (as it
<pb n="59" facs="tcp:114881:38"/>
ſeems <hi>Theopompus</hi> was) that by this means the
Chair of State will ſtand the faſter; yet the pro<g ref="char:EOLhyphen"/>ceedings
of the <hi>Ephori</hi> in the State of <hi>Sparta</hi> will in<g ref="char:EOLhyphen"/>form
us otherwiſe, and eaſily lay open the apparent
danger of ſuch weak ſurmiſes. For being made
<hi>Officers of State,</hi> one of the firſt points they ob<g ref="char:EOLhyphen"/>tained,
was that the Kings made Oath unto them
once in every moneth, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="q" place="margin">Xenophon de Repub. Laced.</note>, that they would govern the Eſtate accord<g ref="char:EOLhyphen"/>ing
to the laws eſtabliſhed in the Common-wealth,
and that they would preſerve the Kindom in the
beſt condition that they could: the <hi>Ephori</hi> making
oath to them in the name of the Citie, whoſe <hi>Offi<g ref="char:EOLhyphen"/>cers</hi>
they were, and by whom intruſted. Next
they attempt to place ſuch <hi>Counſellors</hi> about the
Kings, as they might <hi>confide</hi> in, beginning with
ſuch Kings as were under Age; and the firſt trial
which they made was in appointing one <hi>Cleandrides</hi>
to be about King <hi>Plaſtonax,</hi> the 19. of the elder
Houſe, as his chief Counſellor and Director, with<g ref="char:EOLhyphen"/>out
whoſe approbation nothing muſt be done<note n="r" place="margin">Plutarch in Pericles.</note>. Ano<g ref="char:EOLhyphen"/>ther
of their uſurpations and incroachments was
to reſtrain their Kings in the point of <hi>marriage,</hi> and
to impoſe ſome fine or diſgrace upon them, if they
preſumed to marrie againſt their liking. <hi>Anaxan<g ref="char:EOLhyphen"/>drides</hi>
the 15. of the elder houſe, had married a
Lady of brave parts, but it was her ill fortune to
be barren a long time together. The <hi>Ephori</hi> com<g ref="char:EOLhyphen"/>mand
him without more ado <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="s" place="margin">Pauſan. lib<g ref="char:punc">▪</g> 3. in Lacon.</note>,
to give her a Bill of divorce, and ſend her going.
<hi>Archidamus</hi> the 17. of the ſecond Houſe maried a
<pb n="60" facs="tcp:114881:39"/>
wife which brought him children. But fault was
found ſhe was too little, and thereupon the <hi>Ephori</hi>
condemned him in a ſum of money; ſaying <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
that ſhe would not bring them Kings,
but <hi>demy Kings</hi>
                  <note n="t" place="margin">Plutarch. in Ageſilao.</note>. And that you may perceive,
how difficult a thing it was to pleaſe them in this
point, <hi>Leonidas</hi> had married one that was neither
barren, nor too little; and yet was quarrelled by
the <hi>Ephori,</hi> and in fine condemned, for marrying
with a woman of another Nation<note n="u" place="margin">Id. in Agis &amp; Cleomenes.</note>. The funda<g ref="char:EOLhyphen"/>mental
laws of <hi>Sparta</hi> conferred upon the Kings
the Supreme command over the <hi>Militarie</hi> men in
all wars abroad. The <hi>Ephori</hi> did not only diſpoſe
it otherwiſe, and gave it unto ſuch whom they de<g ref="char:EOLhyphen"/>ſired
to oblige unto them, as you heard before:
but kept the Kings at ſuch a bay, that they nei<g ref="char:EOLhyphen"/>ther
could lead forth the Armies without their con<g ref="char:EOLhyphen"/>ſent,
nor tarrie longer in the camp then they li<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>t
to let them; and if the action did miſcarrie, the
<hi>Kings</hi> were either fined or impriſoned for it. <hi>Age<g ref="char:EOLhyphen"/>ſilaus</hi>
being a very ſtirring Prince, and deſirous to
get honor in the wars, was not permitted to ſet
forwards till he had bought the <hi>Ephori</hi> with a ſum
of money<note n="x" place="margin">Id. in Age<g ref="char:EOLhyphen"/>ſila<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</note>: and yet being in the height of his
good ſucceſs was called b<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ck again, and glad to
be conformable to the ſaid commands. And ſo it
fared with <hi>Agis</hi> and <hi>Cleomenes</hi> both, on the like
occaſions. And for the <hi>fining</hi> of their Kings, be<g ref="char:EOLhyphen"/>ſides
what we have ſeen before in the former in<g ref="char:EOLhyphen"/>ſtances,
<hi>Pliſto<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ax</hi> being betrayed by <hi>Cleandrides,</hi>
(whom the <hi>Eph<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ri</hi> themſelves had placed about
<pb n="61" facs="tcp:114881:39"/>
him) and his Army forced to disband and turn
home again; is preſently condemned in ſo great a
ſum, that he was not able to diſcharge it<note n="y" place="margin">Id. in Peri<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>les.</note>. By
means whereof the Kings were brought at laſt unto
that condition, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, as <hi>Ariſtotle</hi>
truly noteth<note n="z" place="margin">Ariſtot. Polit. l. 2. cap. 7.</note>, that they were forced to court and
bribe the <hi>Ephori</hi> upon all occaſions, to the great
diſſervice of the State, and ſometimes to the fatal
overthrow of their chief deſignes. So that it is
no marvail, if conſidered rightly, either that the
<hi>Ephori</hi> kept their ſtate and roſe not up to reverence
their King, when he came before them, though
all the reſidue of the people and the <hi>Senate</hi> did it,
as we read in <hi>Xenophon</hi>
                  <note n="a" place="margin">De Repub. Lacedaem.</note>; or that <hi>Ageſilaus</hi> uſed
to riſe up to them, as often as they came unto
him about any buſineſs, as we finde in <hi>Plutarch</hi>
                  <note n="b" place="margin">Plut. in Age<g ref="char:EOLhyphen"/>ſila<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</note>;
or that the Kings eſteemed it ſuch a point of <hi>Sove<g ref="char:EOLhyphen"/>raigntie,</hi>
that when they were commanded to attend
the <hi>Ephori,</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, they did
refuſe to goe upon the firſt and ſecond ſummons,
and ſtirred not till the third command, as <hi>Cleome<g ref="char:EOLhyphen"/>nes</hi>
bragged in the ſaid Hiſtorian<note n="c" place="margin">Id. in Agis <hi>and</hi> Cleomen.</note>. Which truſt
me was a point of no ſmall importance.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IX"/> (9) And yet they ſtaid not here, they went
further ſtill. They thought it not enough to con<g ref="char:EOLhyphen"/>demn
their Kings in vaſt and unproportionable
ſums of money, unleſs they laid reſtraints on their
perſons alſo, and had command upon their bodies.
And therefore it is noted by <hi>Thucydides</hi> not without
good reaſon, that they did not only puniſh with
<pb n="62" facs="tcp:114881:40"/>
impriſonment their great and principal Comman<g ref="char:EOLhyphen"/>ders;
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="d" place="margin">Thucydid. hiſt. l. 1.</note>, but that
it was lawful for the <hi>Ephori</hi> to do the like unto
their Kings. Which to avoid, <hi>Pauſanias</hi> was in<g ref="char:EOLhyphen"/>forced
to retire himſelf, and live a voluntary exile
in another Countrey<note n="e" place="margin">Plutarch in Lyſander.</note>. Nothing remains but they
take authoritie to depoſe, and in fine to murther
them; and if they gain not this, all the reſt is no<g ref="char:EOLhyphen"/>thing.
And this they are reſolved to gain, or be
folulie foiled; nor did they fail in the attempt when
they went about it. They quarrelled at <hi>Leonidas</hi>
as before I told you, for marrying with a woman
of another Countrey, without ſo much as ſeeking
for their approbation. And that they may be ſure
to effect their buſineſs, Religion is pretended, and
a ſtar muſt fall, only to warrant their proceed<g ref="char:EOLhyphen"/>ings.
Which preparations being paſt they cite
him to appear before them, and on default of his
appearance they <hi>depoſed</hi> him inſtantly, and confer<g ref="char:EOLhyphen"/>red
the Kingom on <hi>Cleombrotus</hi>
                  <note n="f" place="margin">Id. in Agis &amp; Cleomenes.</note> B<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>t theſe men
being out of Office, he came out of <hi>Sanctuarie,</hi>
and was reſtored again by the next years <hi>Ephori.</hi>
Who to make proof that their anthoritie was as
great as their Predeceſſors, thought it not argu<g ref="char:EOLhyphen"/>ment
enough to reſtore one King, except they did
depoſe and deſtroy another. And thereupon laid
hands on <hi>Agis</hi> of the other Houſe, and inhumanelie
haled him to the common Priſon, and there moſt
barbarouſly murdered him with his Mother and
Grand mother.
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="g" place="margin">Id. ibid.</note>. And this ſaith <hi>Plutarch</hi> was
<pb n="63" facs="tcp:114881:40"/>
the firſt time, that ever the <hi>Ephori</hi> put a King to
death. And ſo perhaps it was the firſt, but the
laſt it was not. For <hi>Archidamus</hi> the Brother of
<hi>Agis</hi> being recalled from baniſhment by <hi>Cleome<g ref="char:EOLhyphen"/>nes,</hi>
to the end he might enjoy the Kingom which
did by right belong unto him; was preſeutly ſeiſed
on by the murderers, and diſpatched in private,
for fear he ſhould revenge the death of his ſlaugh<g ref="char:EOLhyphen"/>tered
Brother<note n="h" place="margin">Id. ibid.</note>. By which it is moſt evident
without further proof, that the <hi>Spartan Ariſtocra<g ref="char:EOLhyphen"/>tie</hi>
was become a <hi>tyrannie,</hi> and of all <hi>Tyrannies</hi>
the moſt inſupportable, becauſe meerlie popular.
Or if more proof ſhould be deſired, both <hi>Ariſtotle,</hi>
and his his Maſter <hi>Plato</hi> will not ſtick to ſay it;
though they both died, before theſe two laſt <hi>Tra<g ref="char:EOLhyphen"/>gedies</hi>
were acted on the <hi>ſtage</hi> of <hi>Sparta.</hi> For
<hi>Plato</hi> being to declare what he conceived of the
Government of that Common-wealth reſolves that
it did <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="i" place="margin">Plato de legi<g ref="char:EOLhyphen"/>bus l. 4.</note>, approach more neer to
<hi>tyrannie</hi> then to any other form what ever; the
power and empire of the <hi>Ephori</hi> being <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
plainly <hi>tyrannical,</hi> and no otherwiſe. And <hi>Ari<g ref="char:EOLhyphen"/>ſtotle</hi>
who had ſtudied the condition of that <hi>State</hi>
exactly, though at the firſt he ſeemed to think that
it was very well compounded of the three good
forms; yet upon full debate thereof, he concludes
at laſt, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="k" place="margin">Ariſtot. Poli<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                     <g ref="char:punc">▪</g> l. 2. c. 4.</note>, that the dominion of
the <hi>Ephori</hi> was an abſolute <hi>Tyrannie.</hi> Aſſuredly had
they lived to have ſeen that day, wherein the <hi>Ephori</hi>
embrued their hands in the bloud of their Princes,
under pretence of ſafetie to the Common-wealth,
<pb n="64" facs="tcp:114881:41"/>
they would have voted it to have been a <hi>tyrannie</hi>
in the higheſt degree; and then the moſt unſuf<g ref="char:EOLhyphen"/>ferable
<hi>Tyrants</hi> that ever wretched State groaned
under. For though the Kings of <hi>Sparta</hi> were ſo
leſſened by <hi>Lycurgus</hi> laws, that little more was
left unto them then the name and title; yet they
were <hi>Kings,</hi> and held ſo ſacred by their neighbors,
even their very Enemies, that none d<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>d ever offer
to lay hands upon them in the heat and furie of
their fights, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="l" place="margin">Plutarch. in Agis &amp; Cleom.</note>, out of the
reverence they did bear to thoſe beams of Majeſtie,
which moſt apparently ſhined in them.</p>
               <p>(10) The <hi>Ephori</hi> being grown to this height
of <hi>Tyrannie,</hi> were the more readie for their fall;
which followed not long after that moſt barba<g ref="char:EOLhyphen"/>rous
fact, upon the perſons of their Princes. The
Kings had long ſince ſtomached them and their
high proceedings, bearing <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="m" place="margin">Id. in Ageſil.</note>
a kinde of <hi>heritable</hi> grudge betwixt them (as my
Author calls it) ever ſince they took upon them
to control their Maſters: but either wanted oppor<g ref="char:EOLhyphen"/>tunitie
or ſpirit, to attempt any thing to their pre<g ref="char:EOLhyphen"/>judice;
and therefore thought it ſafer to procure
their favours, then run themſelves upon a hazard<g ref="char:EOLhyphen"/>ous
experiment. <hi>Pauſanias,</hi> the 20. of the Elder
Houſe, was the firſt that ever did attempt either
by force or practiſe to ſubvert the <hi>Office:</hi> the
inſolencies of the which were then grown ſo great,
that being a ſtout and active Prince, he was not
able to endure them. That he had entertained
<pb n="65" facs="tcp:114881:41"/>
ſuch thoughts is affirmed by <hi>Ariſtotle,</hi> where he
informs us that <hi>Lyſander</hi> had a purpoſe to take away
the Kingly Government (or rather to acquire it
to himſelf, as we finde in <hi>Plutarch</hi>
                  <note n="n" place="margin">Id. in Lyſan<g ref="char:EOLhyphen"/>dro.</note>,) <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
and that <hi>Pauſanias</hi> had the
like to deſtroy the <hi>Ephorate</hi>
                  <note n="o" place="margin">Ariſtot. Polit. lib. 5. c. 1.</note>. But what he failed
to bring about, his Succeſſors did at laſt accom<g ref="char:EOLhyphen"/>pliſh.
Of which <hi>Cleombrotus</hi> and <hi>Agis,</hi> joyning
their hands and heads together did proceed ſo far,
that going into the Market place well attended by
their friends and followers, they plucked the <hi>E<g ref="char:EOLhyphen"/>phori</hi>
from their ſeats, and ſubſtituted others in
their rooms<note n="p" place="margin">Plutarch in Agis &amp; Cleom.</note>, whom they conceived would be
more pliant to their preſent enterpriſes: which was
the firſt actual attempt, that ever had been made
againſt them by the Kings of <hi>Sparta.</hi> But <hi>evulgato
imperii Arcano,</hi> when ſo great a myſterie of State
was once diſcovered, that the <hi>Ephori</hi> were but
mortal men, and might as eaſily be diſplaced and
depoſed as any of the other Magiſtrates; <hi>Leonidas</hi>
immediately upon his reſtitution to the Kingdom,
made the like removal, and diſplaced thoſe who
had took part againſt him with the former Kings<note n="q" place="margin">Id. ibid.</note>.
So that the ice being broken, and the way made
open, <hi>Cleomenes</hi> ſon unto <hi>Leonidas</hi> had the fairer
way to abrogate the Office utterly, which at laſt
he did. For being a brave and gallant Prince,
and ſeeing that the project he was bent upon for
the reduction of the Common-wealth to its
primitive honour, could not be brought about
but by their deſtruction; he fell upon them with
<pb n="66" facs="tcp:114881:42"/>
his Souldiers as they ſate ſate at ſupper, and killed
four of them in the place, the fift eſcaping ſhrewdly
hurt to the neereſt Sanctuarie<note n="r" place="margin">Id ibid.</note>. That done he
went into the Market place, and overthrew all the
Chairs of the <hi>Ephori</hi> ſaving only one, which he
reſerved for himſelf as his Chair of State, and
ſitting in the ſame in the ſight of the people, gave
them an accompt of his proceedings, and the rea<g ref="char:EOLhyphen"/>ſons
which induced him to it: <q rend="inline margQuotes">"Declaring how the
<hi>Ephori</hi> were at firſt appointed by the Kings them<g ref="char:EOLhyphen"/>ſelves;
that for long time they governed only
<gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap> as the Kings Miniſters, and no
otherwiſe; thatt many years after this, <hi>Aſtero<g ref="char:EOLhyphen"/>pus</hi>
one of the <hi>Ephori,</hi> building upon a new foun<g ref="char:EOLhyphen"/>dation,
and being the firſt Author of that
dangerous change, they took the Government
unto themſelves, and exerciſed the ſame in their
own names only; that though they had uſurped
a power which belonged not to them, yet had
they managed it diſcreetly, they might perhaps
have held it longer, and with better liking; but
that licentiouſly abuſing the authoritie which they
had uſurped by ſuppreſſing the lawful <hi>Governors</hi>
ordained of old, by taking upon them to baniſh
ſome of the Citizens, and to put ſome to death
without law and juſtice, and finally by threatning
thoſe who were deſirous to reſtore the Govern<g ref="char:EOLhyphen"/>ment
to its antient form, they were no longer to
be ſuffered: that for his part he ſhould have
thought himſelf the happieſt King that ever was,
if poſſibly he could have cured his Countrey of
<pb n="67" facs="tcp:114881:42"/>
that foul affection without grief or ſorrow;
but being it was not to be done that way, he
thought it better that ſome few ſhould be put to
death, then the whole Common-wealth run on
to a ſwift deſtruction."</q> This ſaid, he preſently
diſſolved the Aſſembly, and ſeriouſly betook him<g ref="char:EOLhyphen"/>ſelf
to the Reformation which formerly he had pro<g ref="char:EOLhyphen"/>jected,
and in ſhort time reduced the people to the
antient Diſcipline, the ſtate and reputation of the
Common-wealth to its antient height.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XI"/> (11) Thus have we made a brief diſcoverie of
the <hi>Spartan Ephori,</hi> upon what grounds firſt inſti<g ref="char:EOLhyphen"/>tuted,
and on what deſtroyed; by what foul
practiſes and unlawful means they gained the <hi>So<g ref="char:EOLhyphen"/>veraigntie</hi>
of the State, and by what they loſt it:
how, and by what degrees they came from low and
mean beginnings to ſo ſtrange a <hi>tyrannie,</hi> and with
what ſuddenneſs they loſt their power and their
lives together. But in all this there is not any ſhew
or colour for that which is affirmed by <hi>CALVIN,</hi>
no ground for, nor veritie at all in that <hi>aſſertion,</hi> that
the <hi>Ephori</hi> were at firſt ordained to <hi>oppoſe the
Kings,</hi> to regulate their proceedings, and reſtrain
their power: but rather that they were ordained
(as indeed they were) to curb the Senate, to be the
Miniſters of the Kings, and ſub-ſervient to them;
to ſit in Judgement for them, and diſcharge ſuch
Offices, as the Kings pleaſed to truſt them with, in
their times of abſence. If <hi>Calvins</hi> popular Magi<g ref="char:EOLhyphen"/>ſtrates
have no more authoritie, then the <hi>Spartan
<pb n="68" facs="tcp:114881:43"/>
Ephori,</hi> according to the rules of their Inſtitution,
they will have little colour to controll their <hi>Princes,</hi>
and leſs for putting a reſtraint on the <hi>Regal</hi>
power. The moſt they can pretend to muſt
be uſurpation, and that will hold no longer, if
it hold ſo long, then they have power to make
it good by bloud and violence, which I hope
<hi>Calvin</hi> did not aim at. And if they have no
other ground then an unjuſt title, <hi>preſcription</hi>
will not ſerve the turn, (for <hi>nullum tempus oc<g ref="char:EOLhyphen"/>currit
Regi,</hi> as our Lawyers tell us) when a coura<g ref="char:EOLhyphen"/>gious
Prince is concerned in it, and oppreſſed by
it. If any <hi>Popular</hi> ſpirits entertain ſuch hopes, if
nothing elſe will ſatisfie their vaſt ambitions but
to be equal with their Kings and Supreme Go<g ref="char:EOLhyphen"/>vernors,
and at laſt above them: let them re<g ref="char:EOLhyphen"/>member
what became of the <hi>Spartan Ephori,</hi> and
that there was a <hi>Cleomenes</hi> which called them
to a ſad account for all thoſe inſolencies and affronts
which they had put upon himſelf and his Predeceſ<g ref="char:EOLhyphen"/>ſors.
And let all Kings and Supreme Governors take
heed by the example of theſe <hi>Spartan</hi> Princes, how
they let looſe the reins of Government, and
lay them on the necks of the common people:
which if unbridled once, and left at libertie,
will not be eaſily induced to receive that <hi>Bit</hi> in<g ref="char:EOLhyphen"/>to
their mouths which before they champed on:
and that they give no way to ſuch <hi>popular Ma<g ref="char:EOLhyphen"/>giſtrates</hi>
as <hi>Calvin</hi> hath preſented to us, who
whatſoever colour and pretence they make, aim
at no other mark then the Royal power, though
<pb n="69" facs="tcp:114881:43"/>
out of too much modeſtie they diſclaim the title,
and muſt be either Kings or nothing. Of which
invaſions and incroachments on the Supreme
Power, our Author gives another hint in the <hi>Ro<g ref="char:EOLhyphen"/>man
Tribunes;</hi> the truth and fitneſs of which ſup<g ref="char:EOLhyphen"/>poſition
muſt be looked on next.</p>
            </div>
            <div n="3" type="chapter">
               <pb n="70" facs="tcp:114881:44"/>
               <head>CHAP. III. Of the Incroachments of the Tribunes on the
State of Rome; and that they were not in<g ref="char:EOLhyphen"/>ſtituted
for the ends ſuppoſed by Calvin.</head>
               <list>
                  <item>(I) The <hi>Tribunes</hi> of the <hi>people</hi> why first Inſti<g ref="char:EOLhyphen"/>tuted
in the State of <hi>Rome.</hi>
                  </item>
                  <item>(II) And with what difficultie and conditions.</item>
                  <item>(III) The <hi>Tribunes</hi> fortifie themſelves with large
<hi>immunities,</hi> before they went about to change the
Government.</item>
                  <item>(IV) The <hi>Tribunes</hi> no ſooner in their <hi>Office,</hi>
but they ſet themſelves against the <hi>Nobilitie</hi>
and the <hi>Senate,</hi> contrary to the Articles of
their Inſtitution.</item>
                  <item>(V) The many and dangerous <hi>Seditions</hi> occaſioned
by the <hi>Tribunes</hi> in the City of <hi>Rome.</hi>
                  </item>
                  <item>(VI) The <hi>Tribunes</hi> and the <hi>people</hi> do agree to<g ref="char:EOLhyphen"/>gether
to <hi>change</hi> the Government of the State.</item>
                  <item>(VII) By what degrees the <hi>people</hi> came to be
poſſeſſed of all the Offices in the <hi>State,</hi> both of
power and dignity.</item>
                  <item>(VIII) The Plots and Practiſes of the <hi>Gracchi</hi>
to put the power of the <hi>Judicature,</hi> and Su<g ref="char:EOLhyphen"/>preme
<hi>Majeſtie</hi> of the State, into the hands of
the <hi>people.</hi>
                  </item>
                  <item>(IX) The <hi>Tribunes</hi> take upon them to <hi>commit</hi>
                     <pb n="71" facs="tcp:114881:44"/>
the <hi>Conſuls,</hi> and bring all the <hi>Officers</hi> of the
<hi>State</hi> under their command.</item>
                  <item>(X) The <hi>Office</hi> and authoritie of the <hi>Tribunes</hi>
reduced unto its antient bounds by <hi>Corn. Sylla;</hi>
and at laſt utterly deſtroyed.</item>
                  <item>(XI) An <hi>application</hi> of the former paſsages to
the point in hand.</item>
               </list>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="I"/> (1) ALthough the reaſons which induced the
people in the State of <hi>Rome</hi> to deſire
ſome <hi>Officers</hi> of their own, and the conſiderations
which induced the <hi>Senate</hi> to give way unto it, are
obvious to the eyes of every Reader, which hath
peruſed the <hi>Roman</hi> ſtories: yet I ſhall briefly lay
it down, the better to remove the intimation which
we finde in <hi>Calvin,</hi> that they were purpoſely or<g ref="char:EOLhyphen"/>dained
to oppoſe the <hi>Conſuls.</hi> The ſtorie then in
brief is this. The people having not long before
expulſed their Kings, and got ſome reputation by
their proweſs in thoſe petit States which bordered
neereſt to the City, found quickly that the <hi>libertie</hi>
which they expected was nothing but a <hi>golden
dream,</hi> not able to protect them from the com<g ref="char:EOLhyphen"/>mon
<hi>Gaols,</hi> and that their reputation in the wars
would not pay their debts, or ſave them from the
hands of their cruel Creditors. For ſerving in
the wars at their own proper charges, and having
little elſe to ſubſiſt upon but their trades or labor,
they were fain ſometimes to take up money upon
<hi>uſurie.</hi> And though they did return from the
wars with <hi>victorie,</hi> and ſhewed thoſe honorable
<pb n="72" facs="tcp:114881:45"/>
ſcars which they had received, fighting in defence
of their Countrey and the Common-wealth; yet
this did edifie but little with their hungry Credi<g ref="char:EOLhyphen"/>tors:
<note n="a" place="margin">Plutarch in M. Coriolano.</note> who did not ſell their goods, if they were
not ſolvent, but apprehended their perſons alſo,
and either laid them up in the common priſons,
or made them ſerve in ſtead of Bond-men, and
made them ſubject to the whip and other baſe cor<g ref="char:EOLhyphen"/>rections
fit for none but <hi>Slaves.</hi> And ſomewhat
to this purpoſe the old man complained, as we
read in <hi>Livie,</hi> declaring to the people (who were
apt to hear it) how his Patrimonie had been ſeized
on by the mercileſs Uſurers, his perſon appre<g ref="char:EOLhyphen"/>hended
by them, and that he was not only made
a <hi>Slave,</hi> but marked out for <hi>ſlaughter: Inde oſten<g ref="char:EOLhyphen"/>tare
tergum foedum recentibus veſtigiis verberum</hi>
                  <note n="b" place="margin">Livie. hiſt. l. 2.</note>,
ſhewing withall upon his back the miſerable prints
which the whip had left. This made the people
murmur, and at laſt to mutinie, and in tumultuous
manner, <hi>minaciter magis quam ſuppliciter,</hi> rather
with threats then ſupplications to require the Se<g ref="char:EOLhyphen"/>nate
to take ſome courſe for their relief: reſolving
otherwiſe to go no more unto the wars, ſerve the
State who would. The <hi>Senate</hi> promiſed fair, as
there was good cauſe, (the <hi>Volſci</hi> preſſing hard up<g ref="char:EOLhyphen"/>on
them to their very gates); and by that pro<g ref="char:EOLhyphen"/>miſe
won the people, and obtained a victorie. But
when the wars were done, and performance looked
for, in ſtead of finding a redreſs of their former
grievances, the rigor of the law took place, <hi>&amp; cre<g ref="char:EOLhyphen"/>ditoribus
tradibantur,</hi> and they were ſeiſed on by
<pb n="73" facs="tcp:114881:45"/>
their <hi>Creditors</hi> as in former times: the <hi>Senate</hi> think<g ref="char:EOLhyphen"/>ing
it unreaſonable to make the law ſubmit to the
neceſſities of particular men, and againſt law to de<g ref="char:EOLhyphen"/>fraud
any man of the debts which were due unto
them.<note n="c" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carnaſſ. lib. 6.</note> But a new war approaching, a new pro<g ref="char:EOLhyphen"/>miſe
made, and that neglected alſo when the war
was ended; the people ſeeing no relief was like to
come from the hands of the <hi>Senators, Longè aliâ
quam primò inſtituerant viâ graſsabantur,</hi> began
to lend an ear to ſome deſperate Counſels, and fell
to entertain ſuch hopes, as formerly they durſt never
dream of. For drawing themſelves into a body
under the conduct of <hi>Sicinius</hi> a troubleſome and
ſeditious perſon, they forſook the City, and in<g ref="char:EOLhyphen"/>camped
upon an hill adjoyning: reſolving as they
gave it out, to ſeek new dwellings, and that there
was no place in <hi>Italy</hi> but would afford them air and
water, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and ground in which they
might be buried. There is no queſtion to be made,
but if the <hi>Senate</hi> had beheld the action with neg<g ref="char:EOLhyphen"/>lect
and ſcorn, as <hi>Appius</hi>
                  <note n="d" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 6.</note>, and C. <hi>Martius</hi>
                  <note n="e" place="margin">Plutarch in Coriolano.</note>,
did adviſe they ſhould; the people out of love to
their wives and children, would have returned to
their houſes: or if they had preſented them in time
with any tolerable mitigations of the former laws,
they might have taken off their edge, and appeaſed
the tumult. But giving way unto their furie till
it grew too high, and ſhewing in their reſolutions
far more fear then courage; the people got the
better of them, and thought they ſtood upon the
higher ground, as indeed they did. Which pride
<pb n="74" facs="tcp:114881:46"/>
and high conceit of theirs was the more increaſed,
by the authoritie and perſwaſions of one <hi>Junius
Brutus,</hi> who came not to them till they were too
far ingaged, to go off with ſafetie. A man, as the
Hiſtorian noteth, of a turbulent and ſeditious ſpi<g ref="char:EOLhyphen"/>rit,
more apt to kindle a rebellion, then to quench
the flame; but otherwiſe <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="f" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carnaſſ. l. 6.</note>, of very great fore-ſight into buſineſs, and
one that had a ready tongue upon all occaſions.
To him they gave the managing of the whole de<g ref="char:EOLhyphen"/>ſign,
and he improved the truſt to their beſt ad<g ref="char:EOLhyphen"/>vange.
Inſomuch that when <hi>Menenius Agrippa</hi>
was imployed unto them to demand their grievances,
and had brought the point to ſuch an iſſue, that there
was nothing wanting to make up the breach, but
ſome ſecuritie to be given on the part of the <hi>Se<g ref="char:EOLhyphen"/>nate,</hi>
that the people ſhould be no more deluded
with ſuch emptie promiſes; this <hi>Junius Brutus</hi>
took upon him to propoſe the terms: and no ſe<g ref="char:EOLhyphen"/>curitie
would content him (as the plot was laid)
but that ſome <hi>popular Magiſtrates</hi> ſhould be forth<g ref="char:EOLhyphen"/>with
made, for the protection of the people. <hi>Con<g ref="char:EOLhyphen"/>cedite
nobis (inquit) Magistratus aliquot quotannis
è noſtro corpore creare, &amp;c.</hi>
                  <note n="g" place="margin">Id. ibid.</note> 
                  <q rend="inline margQuotes">"Let us, ſaith he,
have certain <hi>Magistrates</hi> to be choſen yearly
out of our own body, on whom we ſhall not ask
you to confer more power, then that they have
authoritie to aſſiſt the <hi>Commons,</hi> when they are
either injured or oppreſſed by violence, and to
take order that they be not robbed of their rights
and liberties. Other ſecuritie then this we will truſt
<pb n="75" facs="tcp:114881:46"/>
to none."</q> Which when the people heard (for
few of them were made acquainted with the plot
before) <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, they made
many a loud and joyful ſhout, praiſing the man
unto the skies, and abſolutely reſolving to admit
of no other terms, then what their <hi>Spokeſman</hi> had
propoſed.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="II"/> (2) But yet the buſineſs was not done. It muſt
firſt paſs the approbation of the <hi>Senate,</hi> and there
it met with very grreat heats and oppoſition before
it paſſed, and paſſed not at the laſt but upon con<g ref="char:EOLhyphen"/>ditions.
The people had a faction in the very
<hi>Senate,</hi> and a ſtrong one too, who laboured what
they could to obtain the point. Of theſe <hi>Valerius</hi>
was the chief, whoſe Brother had not long before
expulſed the Kings, and from his courting of the
people was ſurnamed <hi>Poplicola:</hi> a family that had
been always favourable to the <hi>popular</hi> partie, and
more endevoured their content, then the honor
or profit of the publick. In which regard <hi>Appius</hi>
charged him to his face, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="h" place="margin">Id. ibid.</note>, that the whole generation of them
were ſo partial in behalf of the people, that they
had almoſt deſtroyed the Common-wealth. Others
and thoſe of greater courage and Nobility, ſcorn<g ref="char:EOLhyphen"/>ing
that ſuch an innovation ſhould be made in
the publick Government, oppoſed it with all might
and main; not ſparing to aſſure the <hi>Senate</hi> that
in the ſetting up of this new authoritie, they would
in fine put down their own. And of theſe <hi>Appius</hi>
                  <pb n="76" facs="tcp:114881:47"/>
and <hi>Caius Martius,</hi> (who after had the name of
<hi>Coriolanus</hi>) were the leading men: who ſtanding
upon point of honor, adviſed the <hi>Senate</hi> that ha<g ref="char:EOLhyphen"/>ving
ſhaken off the <hi>tyrannie</hi> of their <hi>Kings,</hi> they
ſhould not proſtitute themſelves to the <hi>luſts</hi> of
the <hi>people</hi>
                  <note n="i" place="margin">Id. ibid.</note>; that they ſhould ſtand on their own
ground, and not do any thing unworthy of their
place and dignitie; that theſe were but the be<g ref="char:EOLhyphen"/>ginnings
of ſedition, and that the purpoſe of the
Commons was to aboliſh law, and ſet up a pari<g ref="char:EOLhyphen"/>tie
<note n="h" place="margin">Plutarch in M. Coriolano.</note>: <hi>Appius</hi> fore-telling, as inſpired with the
ſpirit of Propheſie, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
how great a <hi>Seminarie</hi> of miſchiefs it would prove
to the Common-wealth, and calling all the Gods
to witneſs that he had done his beſt to prevent
the ſame. But when they found it like to paſs,
and that the <hi>major</hi> part of the houſe did incline
that way, it was adviſed that they ſhould hold the
people to the terms by themſelves propoſed, and
give their <hi>Officers</hi> no more power but to relieve
the people from unjuſt oppreſſion, and that they
ſhould only <hi>interpoſe,</hi> if any thing were paſſed in
<hi>Senate</hi> to the peoples prejudice, but <hi>propoſe</hi> no<g ref="char:EOLhyphen"/>thing
of themſelves, nor appear in any thing, un<g ref="char:EOLhyphen"/>till
the <hi>Senate</hi> had before conſidered of it; that
the election ſhould be made <hi>in centuriatis Comi<g ref="char:EOLhyphen"/>tiis</hi>
only, where the <hi>Patricii</hi> and their followers
bare the greateſt ſtroke; and finally that in
their applications and addreſſes to the Lords of
the <hi>Senate,</hi> in any buſineſs whatſoever, they ſhould
all agree upon the point, ſo that if any one
<pb n="77" facs="tcp:114881:47"/>
diſſented, the agreement and conſent of all the reſt
ſhould paſs for nothing. For ſeeing that <hi>Tribunes</hi>
muſt be granted, they hoped that by their diſ<g ref="char:EOLhyphen"/>agreement
the honor of the State might be kept
upright, and that the Common-wealth was not
quite paſt help, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="l" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 10.</note>, as long as any diſcord or diſſenſion might
be ſown amongſt them. Which laſt condition
(for all the reſt were broken aſſoon as they were
agreed on) was moſt religiouſly obſerved till the
very laſt, as we read in <hi>Plutarch,</hi> who gives it for
a rule amongſt them, that if one <hi>Tribune</hi> did op<g ref="char:EOLhyphen"/>poſe
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> 
                  <hi>r;</hi>
                  <note place="margin">m Plutareh. in Caio. &amp; Tiber.</note> the agreement
and command of all the reſt did effect juſt nothing.
Things being brought unto this temper, and all
points agreed on, the people went to the election,
and choſe five new <hi>Officers,</hi> (according to the
number of the <hi>Spartan Ephori</hi>) which they called
<hi>Tribunes of the people;</hi> of which <hi>Sicinius</hi> and <hi>Ju<g ref="char:EOLhyphen"/>nius
Brutus</hi> muſt be two at leaſt. We may be
ſure they took not all this pains for nothing.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="III"/> (3) And yet all this was nothing if they got
not more. The Articles and Conditions which
they had agreed on had bound them too preciſely
to their <hi>good behaviour;</hi> and if they did not break
thoſe bonds, they were <hi>Priſoners</hi> ſtill. But firſt
they muſt be fortified with ſome ſpecial <hi>privi<g ref="char:EOLhyphen"/>ledges,</hi>
to keep their perſons out of danger; that
they might boldly venture upon any project with<g ref="char:EOLhyphen"/>out
fear of law; and put themſelves into ſuch con<g ref="char:EOLhyphen"/>dition,
<pb n="78" facs="tcp:114881:48"/>
that whatſoever wrongs they did, they
would not be called to an accompt. To that end
<hi>Brutus</hi> taking his opportunitie whileſt the heats
were up, and the <hi>Senate</hi> in a diſpoſition to deny
them nothing, cauſeth a law to be propounded &amp; ob<g ref="char:EOLhyphen"/>tained
for the perpetual indemnitie of the <hi>Tribunes,</hi>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and for declaring
of their Office to be <hi>ſacred</hi> and <hi>inviolable</hi>
                  <note n="n" place="margin">D<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>o<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>yſ. Hali<g ref="char:EOLhyphen"/>carn. l. 6.</note>. The
ſubſtance of the law was to this effect; <q rend="inline margQuotes">"That
no man ſhould compell the <hi>Tribunes</hi> to doe any
thing againſt their wills, nor beat, or cauſe them
to be beaten, nor kill, or cauſe them to be kil<g ref="char:EOLhyphen"/>led;
if any ſhould preſume to do the contrarie
<gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>, he was to be purſued as an execrable
perſon, and his goods confiſcate, and whoſoever
ſlew him ſhould eſcape unpuniſhed, and do
a meritorious ſervice to the Common-wealth."</q>
A Priviledge which they found good uſe of in the
times ſucceeding, and made it ſerve their turns
upon all occaſions. <hi>Martius</hi> complained of them
in the <hi>Senate</hi> for diſobedience to the <hi>Conſuls,</hi>
and an intent to bring an <hi>Anarchie</hi> upon the State:
<note n="o" place="margin">Plutarh. in Coriolano.</note> they <hi>vote</hi> this for a <hi>breach of priviledge,</hi> and
nothing but his death or baniſhment will give them
ſatisfaction for it. <hi>Apptus</hi> being <hi>Conſul</hi> ſends his
<hi>Lictor</hi> to lay hands upon them for raiſing tumults
in the City<note n="p" place="margin">Livie hiſt. Rom. lib. 2.</note>; this is another <hi>breach</hi> of <hi>priviledge,</hi>
and he ſhall anſwer for it when his year was out.
<hi>Caeſo Quintius</hi> like a noble <hi>Patriot,</hi> joyns with the
<hi>Conſuls</hi> and the <hi>Senate</hi> to oppreſs their inſolencies,
when neither law nor reaſon would prevail upon
<pb n="79" facs="tcp:114881:48"/>
them; this alſo is a <hi>breach</hi> of <hi>priviledge,</hi> and his
life ſhall pay for it<note n="q" place="margin">Id. l. 3.</note>. But to proceed, having
obtained this law for their own ſecuritie, their
next work was to break or paſs by thoſe laws by
which the State was governed in all times before,
and which themſelves had yeelded to at their firſt
creation. It was the practiſe of the City from
the firſt fnundation (and a continual cuſtom hath
the force of law) to give ſuch reſpect unto the
<hi>Senate,</hi> that the people did not <hi>vote</hi> nor deter<g ref="char:EOLhyphen"/>mine
any thing, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="r" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carnaſſ. l. 7.</note>, which
the <hi>Senate</hi> had not firſt debated and reſolved up<g ref="char:EOLhyphen"/>on.
This though no <hi>breach</hi> of <hi>priviledge</hi> was a
main impediment to the advancing of thoſe pro<g ref="char:EOLhyphen"/>jects
which they had in hand, and therefore fit
to be removed, as removed it was: and ſo a way
made open unto that confuſion, which did expoſe
the State to ſo many changes, that it was never
conſtant to one form of government. Which be<g ref="char:EOLhyphen"/>ing
obtained, the next thing to be brought about,
was to bring the election of the <hi>Tribunes</hi> into the
hands of the people (who had before the leaſt part
in it) that ſo depending mutually upon one ano<g ref="char:EOLhyphen"/>ther,
they might co-operate together to deſtroy
the State, and bring it abſolutely under the com<g ref="char:EOLhyphen"/>mand
of the common people. For at the firſt,
according to the Articles of the Inſtitution, the
<hi>Tribunes</hi> were to be elected in <hi>Comitiis Centuri<g ref="char:EOLhyphen"/>atis</hi>
as before was ſaid, where none but men of
years and ſubſtance (ſuch as were of the <hi>Liverie,</hi>
as we ſpeak in <hi>England</hi>) had the right of <hi>Suffrage;</hi>
                  <pb n="80" facs="tcp:114881:49"/>
By means whereof the <hi>Patricians</hi> had a very great
ſtroke in the Elections, <hi>Et per Clientum ſuffragia
creandi quos vellent poteſtatem</hi>
                  <note n="s" place="margin">
                     <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap>. hiſt.</note>, and by the voyces
of their Clients or dependents ſet up whom they
liſted. They muſt no longer hold this power. The
<hi>Tribunes</hi> were the creatures of the Common peo<g ref="char:EOLhyphen"/>ple,
and muſt be made by none but them. A
law muſt therefore be propounded to put the Ele<g ref="char:EOLhyphen"/>ction
wholly into the hands of the people, and to
tranſact the ſame in <hi>Comitiis Tributis,</hi> where no
<hi>Patrician</hi> was to <hi>vote,</hi> but all things carried by
the voyces of the raſcal Rabble. Which though
it cauſed much heat and no ſmall ado, yet it was
carried at the laſt; <hi>Appius</hi> complaining openly as
his cuſtom was, <hi>Rempub. per metum prodi,</hi> that
the <hi>Senate</hi> did deſtroy the Common-wealth by their
want of courage. And whereas at the firſt they
had ſo much modeſtie as not to come into the
<hi>Senate</hi>
                  <note n="t" place="margin">Valer. Max<g ref="char:EOLhyphen"/>im. lib. 2. c. 2.</note>, <hi>Sed poſitis ſubſelliis ante fores decreta Pa<g ref="char:EOLhyphen"/>trum
examinare,</hi> but to ſit without upon ſome
benches, whileſt they examined the decrees which
had paſſed the houſe: they challenge now a place,
though no <hi>vote</hi> in <hi>Senate t,</hi> and had free <hi>ingreſs</hi>
and <hi>egreſs</hi> when they would themſelves.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IV"/> (4) But their main buſineſs was to pull down
the <hi>Nobles,</hi> and make them of no more eſteem
then the <hi>common</hi> ſort. And upon this they ſet
their ſtrength, and made it the firſt hanſel of their
new authoritie. <hi>Martius</hi> had ſpoke ſome words in
<hi>Senate</hi> which diſpleaſed the <hi>Tribunes,</hi> and they
<pb n="81" facs="tcp:114881:49"/>
incenſe the people to revenge the injury: who
promiſing to aſſiſt them in their undertakings,
an <hi>Officer</hi> is forthwith ſent to apprehend him.
This cauſed the <hi>Patricians</hi> whom the cauſe con<g ref="char:EOLhyphen"/>cerned,
to ſtand cloſe together, and to oppoſe
this ſtrange incroachment; and generally to affirm,
as moſt true it was, that when they yeelded to
the ſetting up of this new authority, there was
no power given them by the <hi>Senate</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="u" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 7.</note>, but only to preſerve
the <hi>Commons</hi> from unjuſt oppreſſions. The like
did <hi>Martius</hi> plead in his own behalf, as we finde
in <hi>Livie, auxilii non poenae jus datum illi pote<g ref="char:EOLhyphen"/>ſtati,
plebiſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> non patrum Tribunos eſſe</hi>
                  <note n="x" place="margin">Livie. hiſt. lib. 2.</note>, that
they were truſted with a power to help the <hi>Com<g ref="char:EOLhyphen"/>mons,</hi>
but with none to puniſh, and were not <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
of the Lords, but of the people. And ſo
much alſo was affirmed in the open Senate, that
the authority of the <hi>Tribunes</hi> was at firſt ordained
not to offend or grieve the <hi>Senate,</hi> but that the
<hi>Commons</hi> might not ſuffer any grievance by it;
and that they did not uſe their power, according
to ſuch limitations as were firſt agreed on, and as
of right they ought to uſe it, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="y" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 7.</note>, but to the ruine and
deſtruction of the Lawes eſtabliſhed. Enough of
conſcience to have ſtaved them from the proſe<g ref="char:EOLhyphen"/>cution,
but that they had it in deſign, and reſolved
to carry it. For <hi>Brutus</hi> had before given out
and aſſured the people, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="z" place="margin">Id. ibid.</note>, that he would humble the <hi>Nobility,</hi>
                  <pb n="82" facs="tcp:114881:50"/>
and bring down their pride; and 'twas no reaſon
that ſuch a man as he ſhould be diſappointed, and
not be maſter of his word. <hi>Martius</hi> being ba<g ref="char:EOLhyphen"/>niſhed
at the laſt, their next bout was with <hi>Ap<g ref="char:EOLhyphen"/>pius
Claudius,</hi> a conſtant and profeſſed enemy of
the <hi>popular</hi> faction: one who had openly took
part againſt them in behalf of <hi>Martius,</hi> and af<g ref="char:EOLhyphen"/>ter
ſeeing them apprehend ſome Gentlemen
who oppoſed their inſolencies, had openly
denied, <hi>jus eſſe</hi> Tribuno <hi>in quenquam niſi in
plebeium</hi>
                  <note n="a" place="margin">Livie. l. 2.</note>, that they could exerciſe their power
on any but the <hi>Commons</hi> only. Him therefore
they accuſed of <hi>Treaſon,</hi> or at leaſt <hi>ſedition,</hi> in
that he had intrenched upon their authority, which
was made ſacred by the Lawes: and doubtleſſe
had condemned him to ſome ſhameful puniſh<g ref="char:EOLhyphen"/>ment,
had he not died before his triall. Which
victory on <hi>Martius,</hi> and the death of <hi>Appius,</hi> did
ſo diſcourage the Nobility and puffe up the <hi>Tri<g ref="char:EOLhyphen"/>bunes,</hi>
that from this time forwards (as the Hi<g ref="char:EOLhyphen"/>ſtorian
doth obſerve) the <hi>Tribunes</hi> cited whom
they liſted to anſwer for themſelves before the
people, and to ſubmit their lives to their finall
ſentence: which as it did increaſe the power of
the <hi>popular</hi> faction in the depreſſing of the <hi>Nobles,</hi>
and weakning the authority of the <hi>Senate;</hi> ſo
did it open them a way to aim at and attain to
all thoſe dignities in the Common wealth, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="b" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 7.</note>, which were moſt
honourable in themſelves and had formerly be<g ref="char:EOLhyphen"/>longed
to the <hi>Patricians,</hi> and to none but them.
<pb n="83" facs="tcp:114881:50"/>
And yet the <hi>Senate</hi> and <hi>Nobility</hi> did not ſo give
over, but that ſometimes they put them in re<g ref="char:EOLhyphen"/>membrance
of their firſt conditions, and chal<g ref="char:EOLhyphen"/>lenged
them of breaking all thoſe bonds and <hi>Co<g ref="char:EOLhyphen"/>venants,</hi>
which were ſo ſolemnly agreed on and
accepted by them, at the firſt erection of their
<hi>Office.</hi> For this did <hi>Fabius</hi> preſſe upon them
when they went about to make ſome Law for the
reſtraint and regulating of the power of the <hi>Con<g ref="char:EOLhyphen"/>ſuls,
viz.</hi> that their authority was given them
<hi>ad auxilium ſingulorum,</hi> for the relief of ſuch par<g ref="char:EOLhyphen"/>ticulars
as did want their help, not for the ruine
of the publick; and that they ſhould do well to
bethink themſelves,<note n="c" place="margin">Livie. l. 3.</note> 
                  <hi>Tribunos plebis ſe creatos,
non hoſtes Patribus,</hi> that they were choſen <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
to protect the people, not <hi>enemies</hi> to op<g ref="char:EOLhyphen"/>preſſe
the <hi>Senate.</hi> And the expoſtulation of the
<hi>Senate</hi> was both juſt and neceſſary, when they de<g ref="char:EOLhyphen"/>manded
of the <hi>Tribunes</hi> on the ſame occaſion,
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="d" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 10.</note>, who
gave them power to introduce new Lawes and
ſubvert the old; and told them in plain terms
they had broke their <hi>Covenants,</hi> and that they
were not made upon ſuch <hi>conditions</hi> as to do all
things that they liſted, nor to do any thing at
all, but only to protect the poor, and preſerve
the <hi>Commons</hi> from oppreſſion. Which put toge<g ref="char:EOLhyphen"/>ther
makes it a moſt evident truth, that in the
creation of the <hi>Tribunes</hi> there was nothing leſſe
intended then to curb the <hi>Senate,</hi> or to ſet up a
power to oppoſe the <hi>Conſuls;</hi> as vainly and ſediti<g ref="char:EOLhyphen"/>ouſly
<pb n="84" facs="tcp:114881:51"/>
is ſuppoſed by <hi>CALVIN,</hi> though true it
is they did abuſe their power with the Common
people, and the authority of their office to ſup<g ref="char:EOLhyphen"/>preſſe
them both.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="V"/> 5. And this they were reſolved to do, al<g ref="char:EOLhyphen"/>though
they had no other way to effect the ſame,
then by raiſing ſeditions in the State, and putting
the people into Arms upon all occaſions: at which
they were ſo perfect, and ſo conſtant in it, that
ſeldome the whole year went round without ſome
tumult or ſedition of their ſetting forward, as
will appear to any one who is verſed in <hi>Livie.</hi>
If they held quiet for one year, as they ſeldom
did (till they had brought the City under their
obedience) they broke out in the next that fol<g ref="char:EOLhyphen"/>lowed
with the greater violence: and when the
courſe of the diſtemper was ſo intermitted, that
it held not alwaies a <hi>Quotidian,</hi> it proved a <hi>Ter<g ref="char:EOLhyphen"/>tian</hi>
Feaver, or at moſt a <hi>Quartan,</hi> and therefore
like to tarry longer with the afflicted <hi>Patient.</hi>
How many ſeditions did they raiſe about the law
<hi>Agaria,</hi> of which <hi>Livie</hi> tels us that it was never
moved<note n="e" place="margin">H<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſt Rom. l. 2.</note> 
                  <hi>ſine maximis motibus</hi> without great tu<g ref="char:EOLhyphen"/>mults
and diſſenſions? How many tumults did
they raiſe to oppoſe the <hi>Conſuls,</hi> when they had
any wars in hand, and were to preſs the Souldier
to purſue thoſe wars? How often finde we in
that Author, <hi>Tribunitium bellum domi territare pa<g ref="char:EOLhyphen"/>tres</hi>
                  <note n="f" place="margin">Id. lib. 3.</note>, that when the Fathers had no wars
abroad, they found a <hi>Tribunitian</hi> war at home
<pb n="85" facs="tcp:114881:51"/>
which did more affright them? how often finde
we them complaining, <hi>non ultra ferri poſſe Tri<g ref="char:EOLhyphen"/>bunitios
furores</hi>
                  <note n="g" place="margin">Id. lib. 4.</note>, that the inſolencies of the <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
were no longer ſufferable; and that they
could not look to be without continual alarms,
and renewed diſtractions, whileſt the ſeditions
and the authors of them did ſucceed ſo proſpe<g ref="char:EOLhyphen"/>rouſly?
Nay they were ſo accuſtomed to it, that
having had ſome intermiſſion (and that no other<g ref="char:EOLhyphen"/>wiſe
obtained, but by yeelding all things to the
people which they had a minde to) <hi>Livie</hi> takes
notice of it as a thing obſervable, <hi>permultos annos
eſſe</hi>
                  <note n="h" place="margin">Id. lib. 10.</note>, that many years had intervened ſince the
<hi>Patricians</hi> and the <hi>Tribunes</hi> had their laſt conten<g ref="char:EOLhyphen"/>tion.
And all this while they managed their ſe<g ref="char:EOLhyphen"/>ditions
by the tongues end only, ſeldom procee<g ref="char:EOLhyphen"/>ding
unto blowes, and much leſſe to bloud. But
when the two <hi>Gracchi</hi> came in play and attained
the Office, they fell from words to blowes, and
from blowes to murther: <hi>Tiberius</hi> one of the two
Brothers, and many of his friends and followers
being tumultuouſly ſlain in the <hi>Common Forum,</hi> as
he was acting the part of a buſie and ſeditious
<hi>Tribune;</hi> whom <hi>Caius</hi> the other of the two not
long after followed both in life and death. And
this, ſaith the Hiſtorian, <hi>initium in urbe</hi> Roma <hi>Ci<g ref="char:EOLhyphen"/>vilis
ſanguinis gladiorum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> impunitatis fuit</hi>
                  <note n="i" place="margin">Velleius Pa<g ref="char:EOLhyphen"/>tercul. hiſt.</note>, was
the firſt time that the ſword was ſuffered to range
at liberty in the ſtreets of <hi>Rome,</hi> and to be diſ<g ref="char:EOLhyphen"/>coloured
with the bloud of the Citizens; their dif<g ref="char:EOLhyphen"/>ferences
before that day (though not often after<g ref="char:EOLhyphen"/>wards)
<pb n="86" facs="tcp:114881:52"/>
being determined by parlies, but not by
bloudſhed. Which being put together and con<g ref="char:EOLhyphen"/>ſidered
ſeriouſly, it will appear to be no Paradox
which we finde in <hi>Florus,</hi> where he affirmeth, <hi>Se<g ref="char:EOLhyphen"/>ditionum
omnium cauſas</hi> Tribunitiam <hi>poteſtatem
excitaſſe</hi>
                  <note n="k" place="margin">Florus hiſtor. Rom. l. 3.</note>, that the <hi>Tribunitian</hi> power was the
ſource and fountain of all thoſe ſeditions, where<g ref="char:EOLhyphen"/>with
the quiet of the State had been diſturbed.
Nor was it ſaid by <hi>Quintius</hi> without very good
reaſon, that the authority of the <hi>Tribunes, in ſe<g ref="char:EOLhyphen"/>ditione
&amp; ad ſeditiones nata,</hi> was born in a ſedi<g ref="char:EOLhyphen"/>tion
and to raiſe ſeditions;<note n="*" place="margin">Cicero de Legibus l. 3.</note> that it was <hi>peſti<g ref="char:EOLhyphen"/>fera
poteſtas,</hi> a peſtilent pernicious office, and that
<hi>Pompey</hi> did exceeding ill to re-inveſt the <hi>Tribunes</hi>
with that height of power, of which they had
been juſtly diſpoſſeſſed by <hi>Sylla.</hi> Upon which
grounds it had been formerly averred by the
Conſuls and the reſt of the <hi>Senate,</hi> that the Tri<g ref="char:EOLhyphen"/>bunes
were the cauſe of thoſe diſtractions (<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
are the Authors words) which did
ſo miſerably afflict the Common-wealth<note n="*" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. l. 10.</note>. But
this, to ſay the truth, is ſo clear a point, that it
needs no proof. I only ſhall obſerve and ſo paſs
it by, how juſtly the <hi>Nobility</hi> and <hi>Senate</hi> were
puniſhed by their own example; and for how
little time they enjoyed that Soveraignty, which
they had wreſted from their Kings. From the
expulſion of the <hi>Kings</hi> to the creating of the <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
were but ſixteen years; and from the death
of <hi>Tarquin</hi> to the reign of <hi>Brutus</hi> and <hi>Sicinius,</hi>
but one year, no more, and in that little ſpan of
<pb n="87" facs="tcp:114881:52"/>
time the people profited ſo well in the ſchool of
rebellion, that they did not only beat the <hi>Senate</hi>
at their own weapon of diſloialty, but choaked
them with their own objection. For when it was
objected againſt the <hi>Tribunes,</hi> that their authori<g ref="char:EOLhyphen"/>ty
was gotten and maintained by ſeditious cour<g ref="char:EOLhyphen"/>ſes;
the <hi>Tribunes</hi> handſomely replyed, that that
objection might aſwell be made againſt the autho<g ref="char:EOLhyphen"/>rity
of the <hi>Conſuls;</hi> which had been introduced
and eſtabliſhed by no other means,<note n="m" place="margin">Id. lib. 10.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
then the rebellion of
the Nobles or <hi>Patricians</hi> againſt their Kings. A
very ſhrewd retortion, if you mark it well;
and fit to be conſidered of in theſe preſent
times.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VI"/> (6) If any ask to what end all theſe ſtirs were
raiſed, and theſe ſeditions ſet on foot, he may
pleaſe to know, that there was an intent from the
firſt creating of the <hi>Tribunes</hi> to change the go<g ref="char:EOLhyphen"/>vernment
of the State, and to put the <hi>Supreme</hi>
Power of all into the hands of the people; that is
to ſay, to bring it under the command of a few
factious perſons, on whom the body of the peo<g ref="char:EOLhyphen"/>ple
had devolved their power. And this is poſi<g ref="char:EOLhyphen"/>tively
affirmed by <hi>Florus,</hi> where having told us
that the <hi>Tribunes</hi> were the cauſe of all the tu<g ref="char:EOLhyphen"/>mults
and ſeditions which had been raiſed within
the City, he adds, that being at firſt ordained
<hi>ſpecie quidem tuendae plebis,</hi>
                  <note place="margin">Florus hiſt. Rom. l. 3.</note> under pretence of be<g ref="char:EOLhyphen"/>ing
<hi>Protectors</hi> of the <hi>Commons,</hi> and taking care
<pb n="88" facs="tcp:114881:53"/>
for the preſerving of their rights and liberties;
they ſought in very deed to uſurp the Soveraign<g ref="char:EOLhyphen"/>ty,
<hi>re autem dominationem ſibi acquirere,</hi> and to
get the <hi>Supreme</hi> power into their own hands. To
this end as the <hi>Tribunes</hi> ſtrived to oblige the peo<g ref="char:EOLhyphen"/>ple
by cauſing new Lawes to be made in their
behalf, and for the increaſe of their authority; ſo
did the people readily obey the <hi>Tribunes,</hi> and ga<g ref="char:EOLhyphen"/>thered
into an head upon all occaſions, aſwell for
the protection of their perſons, as the confirma<g ref="char:EOLhyphen"/>tion
of their power. When <hi>Martius</hi> had decla<g ref="char:EOLhyphen"/>med
againſt them in the open <hi>Senate</hi> for their fa<g ref="char:EOLhyphen"/>ctious
and ſeditious courſes, the <hi>Tribunes</hi> preſent<g ref="char:EOLhyphen"/>ly
made complaint to the people of it, calling upon
them to aſſiſt them, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and to ſave their
<hi>Tribunes</hi>
                  <note n="n" place="margin">Plutarch in Coriolano.</note>: at which the people were ſo madded,
and ran on ſo furiouſly, that they were like to
have fallen deſperately upon all the Senate. And
<hi>Appius</hi> found unto his coſt, that in offering to
attach a <hi>Tribune,</hi> (though he well deſerved it)
<hi>concio omnis coorta pro</hi> Tribuno <hi>in Conſulem</hi>
                  <note n="o" place="margin">Livie. l. 2.</note>,
the whole aſſembly roſe againſt him as one man,
to defend their <hi>Tribune,</hi> the raſcall multitude
gathering together out of all the City to
do him right againſt the <hi>Conſul.</hi> And <hi>Plutarch</hi>
tels us in the life of <hi>Tiberius Gracchus,</hi> that the
people were ſo ſottiſhly affected to him, that ma<g ref="char:EOLhyphen"/>ny
of the needy and ſeditious rout waited upon
him all night long up and down the Town;
<note n="p" place="margin">Plutarch in Tiber. &amp; C. Gracchis.</note> ſome of them buying tents and lying about his
houſe to watch it, as a guard to his perſon. And
<pb n="89" facs="tcp:114881:53"/>
on the other ſide the houſes of the <hi>Tribunes</hi> were
kept continually open aſwell nights as daies, that
they might ſerve as a <hi>Protection</hi> or a <hi>Common
Sanctuary</hi> for men of all ſorts to repair unto, whom
either debt or miſdemeanor, or ſome greater mat<g ref="char:EOLhyphen"/>ter
had made obnoxious to the Sergeants, or other
Miniſters of juſtice, to the great prejudice of
the honeſt and well meaning Subjects in their
ſuits and buſineſſes. And beſides this, the <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
never failed to flatter and bewitch the peo<g ref="char:EOLhyphen"/>ple
by ſome piece of courtſhip, or by preferring
ſome new Lawes (as before was ſaid) for their
eaſe and benefit. They had no ſooner way then
that to advance their power, or to obtain unto
that abſoluteneſs of command and empire, which
they projected to themſelves. For doubtleſſe that
of the Hiſtorian is exactly true, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="q" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carn. lib. 6.</note>, that he that means to be a <hi>Ty<g ref="char:EOLhyphen"/>rant</hi>
muſt be firſt a <hi>flatterer;</hi> there being no rea<g ref="char:EOLhyphen"/>dier
way to advance a <hi>Tyranny</hi> then by being <hi>po<g ref="char:EOLhyphen"/>pular,</hi>
a profeſt ſervant of that people whom he
would command. But this confederacy between
the <hi>Tribunes</hi> and the <hi>people</hi> and the mutual ties
that were between them, I cannot better lay before
you then in <hi>Plutarchs</hi> words,<note n="r" place="margin">Plutarch in Agis &amp; Cleo<g ref="char:EOLhyphen"/>men.</note> who ſpeaking of
the <hi>Gracchi</hi> doth inform us thus, <q rend="inline margQuotes">"That having
received. many favours from the peoples hands
they were aſhamed to be indebted to them, and
therefore earneſtly endevoured to requi<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e their
courteſies, by making new Decrees and Lawes
which they propounded and obtained for the
<pb n="90" facs="tcp:114881:54"/>
peoples profit; and on the other ſide, the
people for their parts were not wanting to ad<g ref="char:EOLhyphen"/>mire
and honour them the more, by how much
they perceived them ſtudious of their good and
benefit. So that with like ſtrife on either ſide,
the one to gratifie and oblige the other, their
intereſſes were ſo mingled, and their intenti<g ref="char:EOLhyphen"/>ons
ſo concorporated, that they muſt needs
hold on as they had begun, and either ſtand or
fall together."</q> By means whereof the people in
concluſion became lords of all, the <hi>majeſty</hi> of the
State and the <hi>power of judicature</hi> being abſolute<g ref="char:EOLhyphen"/>ly
veſted in them: which ſince they could not
manage but by their <hi>Atturneys,</hi> nor otherwiſe
execute and diſcharge then by their <hi>Proxies,</hi> who
but the <hi>Tribunes</hi> their own creatures muſt be truſted
with it? And this is that which <hi>Tacitus</hi> obſerves
to be the iſſue of thoſe quarrels which were kept
on foot between the Nobility and the Commons,
<hi>modo turbulenti Tribuni,</hi>
                  <note n="s" place="margin">Tacit. hiſt. lib. 2.</note> 
                  <hi>modo Conſules praeva<g ref="char:EOLhyphen"/>lidi,</hi>
ſometimes ſome factious <hi>Tribunes</hi> carried it
away, and then again the <hi>Conſuls</hi> had the better,
and prevailed in power, according as they did
comply with the peoples humours; till <hi>Marius</hi> and
<hi>Sylla</hi> firſt, and <hi>Julius Caeſar</hi> afterwards by their
example, by force of Arms ſubdued both parties, and
introduced an abſolute Government.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VII"/> (7) Now for the ſteps by which the people
did aſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>end to this height of power, they were not
raiſed at once, but were long a making. When
<pb n="91" facs="tcp:114881:54"/>
firſt the diſcontented <hi>Nobles</hi> had expulſed their
<hi>Kings,</hi> and found they could not maſter all thoſe
difficulties which ſo great a buſineſs as that was
did preſent unto them, without being ſure to have
the people theirs without fear of lapſing: <hi>Popli<g ref="char:EOLhyphen"/>cola</hi>
adviſed, and at laſt enacted it for Law, that
no man ſhould preſume upon pain of death to
take upon him any Office, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="t" place="margin">Plutarch. in Publicola.</note>, un<g ref="char:EOLhyphen"/>leſſe
it come unto him by the gift of the people;
and that if any were condemned, and <hi>appealed</hi> to
them, the execution ſhould be reſpited, till the peo<g ref="char:EOLhyphen"/>ple
ſhould give ſentence in it. But then withall
the <hi>Nobility</hi> kept all Offices both of power and
State in their own hands only, the people being
uncapable of the meaneſt office which did relate
unto the Government of the Common-wealth;
untill they gained the <hi>Tribunes</hi> and the two <hi>Ae<g ref="char:EOLhyphen"/>diles</hi>
(which were under officers to the <hi>Tribunes</hi>)
to be choſen out of their own body. Which once
obtained, there was no place, how high ſoever,
which they did not aim at, and which their <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
did not finde ſome way to compaſſe for
them; the <hi>Nobles</hi> and <hi>Patricians</hi> ſtill in vain com<g ref="char:EOLhyphen"/>plaining
how much they were diſhonoured in the
competition. Firſt therefore having gained a Law
(but with much adoe) that the Commons might
be married into Noble Families, they preſently
propoſe another, <hi>ut populo poteſtas eſſet, ſeu de</hi>
Plebe, <hi>ſeu de</hi> Patribus <hi>vellet,</hi> Conſules <hi>faciendi,</hi>
                  <note n="u" place="margin">Livie. l. 4.</note>
that the people might have liberty to chooſe the
<hi>Conſuls</hi> out of which rank of men they liſted: and
<pb n="92" facs="tcp:114881:55"/>
at the firſt attempt did prevail ſo far, that in ſtead
of the two <hi>Conſuls</hi> which they had before, ſix
<hi>Military Tribunes</hi> ſhould be choſen by them, to be
poſſeſſed of all the <hi>Conſular</hi> authority, and they
to be promiſcuouſly elected out of the <hi>Patricians</hi>
and the <hi>People,</hi> as they ſaw convenient<note n="x" place="margin">Livie. l. 4.</note>; and
having got this ground they went on a main. For
not long after, <hi>P. Licinius Calvus</hi> a meer <hi>Plebeian,</hi>
is made one of theſe <hi>Military Tribunes;</hi> and ſhort<g ref="char:EOLhyphen"/>ly
after that the <hi>Magiſter Equitum,</hi> or the Com<g ref="char:EOLhyphen"/>mander
of the horſe. Thus <hi>Silius</hi> and <hi>Aelius</hi> are
made <hi>Queſtors,</hi> thoſe of <hi>Patrician</hi> rank having had
the canvaſs; and next that followed a Decree,
that the <hi>Docemviri Sacrorum,</hi> who had the cuſto<g ref="char:EOLhyphen"/>dy
and charge of the <hi>Sibyls</hi> Books, <hi>partim ex Plebe,
partim ex Patriciis,</hi>
                  <note n="a" place="margin">Id. lib. 6.</note> ſhould be indifferently
choſen out of both Eſtates. In little time, the
<hi>Tribunes</hi> preſſing hotly for it, L. <hi>Sextus</hi> obtains
the Conſulſhip<note n="b" place="margin">Id. ibid.</note>, C. <hi>Martius Rutilius</hi> is firſt made
<hi>Dictator,</hi> afterwards one of the <hi>Cenſors</hi> alſo<note n="c" place="margin">Id. lib. 7.</note>;
and <hi>P. Philo</hi> is advanced to the place and dignity
of the <hi>Prator</hi>
                  <note n="d" place="margin">Id. lib. 8.</note>. Having thus took poſſeſſion of
all <hi>Civil Magiſtracy,</hi> which were of any power
and dignity in the Common-wealth; the <hi>Tribunes</hi>
would not reſt nor content themſelves, untill the
<hi>Commons</hi> were made capable of the <hi>Prieſthood</hi> alſo:
which after ſome ſlight oppoſition made by <hi>Appius
Claudius</hi> (a Family that never yeelded any thing
to advance the people) was conferred upon them,
five <hi>Augures,</hi> and four <hi>Pontifi<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>es</hi> being added to
the former number, all choſen, and for ever to
<pb n="93" facs="tcp:114881:55"/>
be choſen by and out of the <hi>Commons</hi>
                  <note n="e" place="margin">Id. lib. 10.</note>. There
were only now two places of reſpect and credit,
that of the <hi>Maximus Curio</hi> and the <hi>Pontifex Maxi<g ref="char:EOLhyphen"/>mus,</hi>
both which the <hi>Nobles</hi> did pretend to belong
to them: but the <hi>Tribunes</hi> were reſolved to have
it otherwiſe. According to which reſolution, C.
<hi>Manilius</hi> got the Office of the <hi>Maximus Curio</hi>
                  <note n="f" place="margin">Id. lib. 26.</note>:
and in the cloſe of all, but a good while after, <hi>Om<g ref="char:EOLhyphen"/>nibus
honoribus plebi communicatis</hi>
                  <note n="g" place="margin">Rofin. Antiq. Rom. l. 3. c. 22.</note>, after all other
honors were conferred upon them, or rather com<g ref="char:EOLhyphen"/>municated
to them, one <hi>T. Coruncanius</hi> was de<g ref="char:EOLhyphen"/>clared
the <hi>Pontifex Maximus.</hi> All this and more
they had, but it would not ſatisfie.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VIII"/> (8) For there was wanting ſtill both the <hi>power
of Judicature,</hi> and the Supreme <hi>Majeſtie</hi> of the
State to make all compleat; and to gain this the
<hi>Tribunes</hi> muſt beſtir themſelves both with art and
violence; or elſe they could not hope to eſtate it
on them. A buſineſs of ſo high a nature, that it
was never in a way to be brought about, till the
two <hi>Gracehi</hi> undertook the contrivance of it: who
being men of excellent parts and great abilities,
did moſt unfortunately fall on the undertaking;
and being fallen upon it did deviſe all ways which
either art or wit could preſent unto them to effect the
work. Of theſe <hi>Tiberius</hi> was the eldeſt, who ſtumbling
in the way on the <hi>Lex Agraria,</hi> as being a means
to make the poor people more confiderable, and the
rich leſs powerful; and finding that <hi>Octavius</hi> one of
his Colleagues did oppoſe him in it, depoſed him
<pb n="94" facs="tcp:114881:56"/>
from his Office by force and violence, only be<g ref="char:EOLhyphen"/>cauſe
he ſtood upon the right of his <hi>negative voice</hi>
                  <note n="h" place="margin">Plutarch in Tib. &amp; Caio.</note>.
He had before inflamed the people by making a
ſeditious ſpeech to prefer their buſineſs; and now
he takes a courſe to inflame them more, for the
advancement of his own. For one of his friends being
found dead upon a ſudden, not without ſome ſuſpi<g ref="char:EOLhyphen"/>cion
of poyſon, as he gave it out, he put on mourning
apparrel, and brought his ſons before the people,
into the Common <hi>Forum,</hi> beſeeching them to have
compaſſion on his Wife and Children, as one that
utterly deſpaired of his own ſafetie, having for their
ſakes got the hatred of the <hi>Noble</hi> men. And ſome<g ref="char:EOLhyphen"/>times
he would be the firſt man in the <hi>Market<g ref="char:EOLhyphen"/>place,</hi>
apparelled all in black, his face ſwelled
with tears, and looking heavily upon the matter,
would pray the people to ſtand to him, ſaying, he
was afraid his Enemies would come in the night,
and overthrow his houſe to kill him. By means
of which devices he ſo wrought upon them, that
many of them bought tents and lay about his
houſe continually, to keep him from the hands of
his deadly Enemies. So that being ſure of their
concurrence and aſſiſtance in any project which
he ſhould ſet on foot to advance himſelf, under
pretence of doing ſervice to the Common-wealth;
he preſently propoſed a law, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
that any man that would might appeal
from the <hi>Judges</hi> to the people in what cauſe ſo<g ref="char:EOLhyphen"/>ever.
And that he might be ſure to embaſe the
<hi>Senate,</hi> to the improvement and increaſe of the
<pb n="95" facs="tcp:114881:56"/>
peoples power, he had prepared another of an
higher nature, which was to adde unto the <hi>Senate</hi>
an equal number of the <hi>Equites,</hi> or the <hi>Roman
Knights,</hi> who were to be of equal power, and to
have libertie of <hi>voting</hi> in all publick buſineſſes
with the antient <hi>Senators.</hi> In paſſing which and
other of his <hi>Popular</hi> laws he got this trick, (and he
was very conſtant to it) that if he found the ſenſe
of the houſe to be againſt him, and was not like
to carry with him the major part of the voyces,
he would quarrel with his fellow <hi>Tribunes</hi> to ſpin
out the time till his partie were all come together;
and if that could not do it neither, then he ad<g ref="char:EOLhyphen"/>journed
the Aſſembly to ſome other day. But
yet for all theſe artifices and unworthy practiſes,
he could not compaſs the deſign, but left it to
be finiſhed by his Brother <hi>Caius:</hi> Who taking
the ſame courſe to ingage the people, which his
Br<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ther had purſued before, brought thoſe deſignes
about which <hi>Tiberius</hi> failed in.<note n="i" place="margin">Id. ibid.</note> For firſt where<g ref="char:EOLhyphen"/>as
the <hi>Senate</hi> were the only <hi>Judges</hi> in matters
which concerned the affairs of the Common-wealth,
which made them no leſs reverenced by
the <hi>Roman Knights,</hi> then by others of the com<g ref="char:EOLhyphen"/>mon
people: <hi>Caius</hi> prevailed ſo far that he gained
a law for adding three hundred of theſe <hi>Equites</hi> to
as many <hi>Senators</hi> (for the <hi>Senate</hi> did conſiſt of
three hundred antiently) <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, gi<g ref="char:EOLhyphen"/>ving
them equall power of judging in all cauſes
which were brought before them. So that by gai<g ref="char:EOLhyphen"/>ning
this and the former law of appealing to the
<pb n="96" facs="tcp:114881:57"/>
people upon all occaſions, the people were eſtated
in the power of <hi>Judicature,</hi> and the <hi>dernier reſort</hi>
(as the Lawyers call it) was in them alone. The
only point now left was the <hi>Supreme Majeſtie,</hi> and
that did <hi>Caius</hi> very handſomely confer upon them
without noiſe or trouble. For whereas all other
Orators when when they made their ſpeeches, turn<g ref="char:EOLhyphen"/>ed
themſelves towards the <hi>Palace</hi> where the Senate
ſate: he on the contrary turned himſelf towards
the Market place where the people were, and
taught all other Orators by his Example to doe
the like. And thus (ſaith <hi>Plutarch</hi>) by the only
turning of his look he gained a point of infinite con<g ref="char:EOLhyphen"/>ſequence
and importance; <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
changing the Com<g ref="char:EOLhyphen"/>mon-wealth
from an <hi>Ariſtocratie,</hi> to a meer <hi>De<g ref="char:EOLhyphen"/>mocratie:</hi>
which was the matter ſo aimed at by
his Predeceſſors.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IX"/> (9) The <hi>Tribunes</hi> had been inſolent enough in
the former times, but the obtaining of theſe laws
made them more unſufferable. Before they uſed
to quarrel all the greateſt <hi>Officers,</hi> as if the State
could not conſiſt but by their contentions: there
being no <hi>Magiſtrate</hi> ſo great, nor man ſo innocent,
whom they expoſed not ſometimes to contempt
and ſcorn, and made not ſubject to their <hi>tyran<g ref="char:EOLhyphen"/>ni<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</hi>
The renowned <hi>Scipio</hi> himſelf, the very <hi>Atlas</hi>
of the State when it was in danger, a man in whom
there was not any thing but brave and gallant,
could not ſcape ſo clear, but that he was accuſed
<pb n="97" facs="tcp:114881:57"/>
by theſe factious <hi>Tribunes</hi>
                  <note n="k" place="margin">Livie. hiſt. lib. 28.</note>, and forced to live
retired in his Countrey-houſe, far from the em<g ref="char:EOLhyphen"/>ployments
of that State, which did not otherwiſe
ſubſiſt but by his abilities. Nor could they look on
their <hi>Dictators</hi> but with eyes of malice, although
they had as much authoritie as that State could
give them, or any of their <hi>Kings</hi> had enjoyed be<g ref="char:EOLhyphen"/>fore,
whom they endevour to make ſubject to their
pride and tyrannie by all means imaginable. And
to that end, ſometimes denyed him the honor of a
<hi>Triumph,</hi> though he had deſerved it in all mens
judgements but their own; and ſometimes making
this <hi>Magiſter Equitum</hi>
                  <note n="l" place="margin">Id. lib. 22.</note>, to be of equal power and
authoritie with him: and finally ſometimes they
declaim againſt him<note n="m" place="margin">Id. ibid.</note>, to make him of no repu<g ref="char:EOLhyphen"/>tation
with the common people. And for their
dealing with the <hi>Conſuls,</hi> it had been a complaint of
old, even in the dawning of the day of their new
authoritie, <hi>Conſulatum captum &amp; oppreſſum a Tribu<g ref="char:EOLhyphen"/>nitiae
poteſtate</hi>
                  <note n="n" place="margin">Id. lib. 2.</note>, that the <hi>Conſulſhip</hi> was ſuppreſſed
and captivated by the power of the <hi>Tribunes;</hi> and
we can no where finde that they improved their
modeſtie, as they did their power. Nor did they
only quarrel with the <hi>Conſuls,</hi> and proceed no fur<g ref="char:EOLhyphen"/>ther,
(though that had been an high affront to the
<hi>Supreme Magiſtrate</hi>) but threatned to commit them
to the <hi>Priſon</hi> alſo, and many times their threat<g ref="char:EOLhyphen"/>nings
were not made in vain. For thus we read,
that <hi>Caius Marius</hi> being <hi>Tribune</hi>
                  <note n="o" place="margin">Plutarch in Mario.</note>, threatned to
ſend <hi>Cotta</hi> the <hi>Conſul</hi> unto Priſon, but afterwards
was taken off by fair perſwaſions: and <hi>Sulpitus,</hi>
                  <pb n="98" facs="tcp:114881:58"/>
one as violent as he, though not ſo valiant, aſ<g ref="char:EOLhyphen"/>ſaulted
both the <hi>Conſuls</hi> as they ſate in the <hi>Senate</hi>
houſe<note n="p" place="margin">Id. ibid.</note>, and killed one of their ſons there, who
was not ſo quick of foot as to ſcape his hands.
Which though they were but bare attempts were
yet lewd enough, ſufficiently to the diſhonor of
ſuch eminent Magiſtrates, and to the infamy and diſ<g ref="char:EOLhyphen"/>grace
of the publick Government. And there<g ref="char:EOLhyphen"/>fore
to make ſure work of it, and that the
world might ſee they could more then threaten,
<hi>Quintius</hi> will tell you in the <hi>Dialogue</hi> with his
Brother <hi>Cicero, Brutum &amp; P. Scipionem tales tan<g ref="char:EOLhyphen"/>tos
viros hominum omnium infimum &amp; ſordidiſsi<g ref="char:EOLhyphen"/>num</hi>
Trib. Pl. C. Curiatium <hi>in vincula conjeciſse</hi>
                  <note n="q" place="margin">Cicero de Le<g ref="char:EOLhyphen"/>gibus lib. 3.</note>,
that <hi>C. Curiatius,</hi> a moſt baſe and unworthy per<g ref="char:EOLhyphen"/>ſon,
had cauſed ſuch gallant men as <hi>Brutus</hi> and
<hi>P. Scipio</hi> to be caſt in Priſon. And if we make
a further ſearch we ſhall quickly finde, that
<hi>M. Druſus</hi> being <hi>Tribune</hi> cauſed <hi>Philip</hi> the <hi>Con<g ref="char:EOLhyphen"/>ſul</hi>
to be caſt headlong out of his ſeat, to the
no ſmall danger of his life, only for inter<g ref="char:EOLhyphen"/>rupting
him in the middle of a factious ſpeech;
which was an inſolencie beyond impriſonment.
To ſpeak of their behaviour towards the other
Magiſtrates were a thing impertinent. For if
the <hi>Conſuls</hi> and <hi>Dictators</hi> could not ſcape their
hands, there is no queſtion to be made but that the
<hi>Praetors, Cenſors, Quaestors,</hi> yea the <hi>Pontifices</hi> them<g ref="char:EOLhyphen"/>ſelves,
were moſt abundantly debaſed and inſulted
on by theſe <hi>popular Tyrants.</hi>
               </p>
               <p>
                  <pb n="99" facs="tcp:114881:58"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="X"/>(10) Thus have we brought the <hi>Tribunes</hi> to
as great an height both for power and inſolencie,
as were the <hi>Ephori</hi> before; and thereby made
them ready for the greater fall. A fall which
was not long a coming after they had made up
the meaſure of their pride and <hi>tyrannie.</hi> For <hi>Lu<g ref="char:EOLhyphen"/>cius
Sylla</hi> having brought the eſtate of <hi>Rome</hi> un<g ref="char:EOLhyphen"/>der
his command, and knowing full well how
dangerous theſe men would be to him, if they
were ſuffered to continue in their former power,
ſet forth a law by which they were reduced to
their antient bounds; inabled only to <hi>relieve,</hi>
not to wrong the Subject. <hi>Sylla Tribunis Pl<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>bis
lege ſua injuriae faciendae poteſtatem ademit, auxi<g ref="char:EOLhyphen"/>lii
ferendi reliquit,</hi> as we read in <hi>Tullie</hi>
                  <note n="r" place="margin">Id. ibid.</note>. A
thing that much diſpleaſed the people, and the
<hi>Tribunes</hi> more. But <hi>Sylla</hi> was no <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, no great
applier of himſelf to the peoples humors, and
therefore cared but little how they took the mat<g ref="char:EOLhyphen"/>ter.
<hi>Pompey</hi> ſucceeding him in power and in pur<g ref="char:EOLhyphen"/>poſe
too, took a courſe quite contrary; and re<g ref="char:EOLhyphen"/>eſtabliſhed
them in that authoritie whereof <hi>Sylla</hi>
had of late deprived them. For finding that the
common people longed for nothing more then to
ſee the Office of the <hi>Tribunes</hi> in the height again,
and being reſolved to lay the foundation of his
greatneſs on the affections and dependence of the
common people<note n="s" place="margin">Plutarch. in Pompeio.</note>, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, he gra<g ref="char:EOLhyphen"/>tified
them in that point, and thought himſelf an
happy man to finde ſo fair an opportunitie to
<pb n="100" facs="tcp:114881:59"/>
oblige them to him. On which deceitful grounds
(for they proved no other) he ſet them in their
power again, as before was ſaid; for which he
ſtands accuſed by <hi>Quintus,</hi>
                  <note place="margin">t Cicero de Le<g ref="char:EOLhyphen"/>g<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>bu<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. l 3.</note> and I think deſerved<g ref="char:EOLhyphen"/>ly:
Certain I am that <hi>Pompey</hi> bought the ſhort af<g ref="char:EOLhyphen"/>fection
and applauſe of the common people at no
leſs a price then his own deſtruction: the <hi>Tri<g ref="char:EOLhyphen"/>bunes</hi>
being the very men which pulled down his
p<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ide<note n="u" place="margin">Plutarch in I. Caeſare.</note>, and ſet up <hi>Caeſar</hi> to oppoſe him. Who
going the ſame way to work that <hi>Sylla</hi> did, and
knowing that a <hi>Tribune</hi> and a <hi>Tribunitian</hi> ſpirit
were no friends to <hi>Monarchie,</hi> left them the name,
but nothing elſe. The power and priviledge of
the <hi>Office</hi> he kept unto himſelf for his own ſecu<g ref="char:EOLhyphen"/>rity
<note n="x" place="margin">Dion hiſtor. Rom. lib. 53.</note>; as one that underſtood, none better, how
many notable advantanges he ſhould gain thereby,
for the confirming of his Empire. Which courſe
<hi>Augustus</hi> followed alſo, taking the <hi>Tribunitian</hi>
power into his own hands, <hi>poſito Triumviri no<g ref="char:EOLhyphen"/>mine</hi>
                  <note n="y" place="margin">Tacitus An<g ref="char:EOLhyphen"/>nal. lib. 1.</note>, aſſoon as the <hi>Triumvirate</hi> was expired by
the death of his partners; and from thence reck<g ref="char:EOLhyphen"/>oned
the years of his Government, as <hi>Tribunitiae
poteſtatis tertium, quartum, &amp;c.</hi> which his Suc<g ref="char:EOLhyphen"/>ceſſors
did after his example till the time of <hi>Con<g ref="char:EOLhyphen"/>ſtantine,</hi>
when the name of <hi>Tribune</hi> was laid by
as a thing forgotten<note n="z" place="margin">Roſin. Antiq. Rom.</note>. The Empire was then caſt
into another kinde of mould then it had been for<g ref="char:EOLhyphen"/>merly;
<hi>new</hi> Offices ordained, <hi>new</hi> forms of Go<g ref="char:EOLhyphen"/>vernment
introduced, and a <hi>new Rome</hi> built: and
to what purpoſe ſhould they keep the name, when
the thing was gone?</p>
               <p>
                  <pb n="101" facs="tcp:114881:59"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="XI"/>(11) Let us look back on all that is ſaid be<g ref="char:EOLhyphen"/>fore,
and we ſhall finde but little reaſon to relie
upon <hi>Calvins</hi> word. He ſaith the <hi>Tribunes</hi> were
fet up to oppoſe the <hi>Conſuls;</hi> but the beſt Wri<g ref="char:EOLhyphen"/>ters
do affirm that they were inſtituted only to
<hi>protect</hi> the people, and to protect the people in
ſuch caſes only when they did ſuffer any <hi>tort</hi> or
unjuſt oppreſſion. He reckoneth them for in<g ref="char:EOLhyphen"/>ſtances
of ſuch <hi>popular Magiſtrates</hi> as were ordain<g ref="char:EOLhyphen"/>ed
to moderate and reſtrain the vaſt <hi>power</hi> of <hi>Kings</hi>
and other Supreme Magiſtrates; but the beſt
Writers do affirm that the <hi>Tribunes</hi> were not in<g ref="char:EOLhyphen"/>ſtituted
till the <hi>Kings</hi> were outed; nor inſtituted
at the firſt to reſtrain the <hi>Conſular</hi> power, though
by degrees they did reſtrain it as they pleaſed; and
finally that they were again abridged of their
power and <hi>tyrannie,</hi> aſſoon as <hi>Monarchie</hi> was re<g ref="char:EOLhyphen"/>ſtored,
and the State brought to be obedient to
one <hi>Soveraign</hi> Prince. He ſeems to intimate that
the <hi>Conſuls</hi> were not wronged by ſuch <hi>oppo<g ref="char:EOLhyphen"/>ſitions</hi>
as the <hi>Tribunes</hi> daily made againſt them,
and that the <hi>Tribunes</hi> did no more in ſuch <hi>oppo<g ref="char:EOLhyphen"/>ſitions</hi>
then by their place and office they were
bound to do. But the beſt Writers do affirm that
the <hi>Conſuls</hi> made complaint from time to time of
thoſe wrongs and inſolencies which thoſe proud
creatures of the people did afflict them with; and
they complained not without cauſe, as their ſtories
tell us. So that there is but little ground for the
ſuppoſition, touching the firſt creation of theſe
<pb n="102" facs="tcp:114881:60"/>
mighty <hi>Tyrants,</hi> which <hi>Calvin</hi> trimly puts upon
us; leſs for the application of it to his end and
purpoſe. What other power ſoever they enjoyed
or exerciſed more then the power of <hi>interceding,</hi>
when any <hi>Bill</hi> or <hi>Ordinance</hi> was to paſs the <hi>Se<g ref="char:EOLhyphen"/>nate,</hi>
by which the people might have ſuffered
in their goods and <hi>liberties,</hi> was an incroachment
on the <hi>Conſuls,</hi> and wreſted from them by ſtrong
hand, ſometimes with bloud, but never without dan<g ref="char:EOLhyphen"/>gerous
tumults. The beſt uſe can be made of
ſuch falſe ſurmiſes, eſpecially when they are falſe
and factious too (and ſome good uſes may be
made of the ſtrongeſt poyſons) is that an <hi>Item</hi>
may be taken by all Kings, Princes<g ref="char:punc">▪</g> and Supreme
Governors to have a care of their Eſtates, and nei<g ref="char:EOLhyphen"/>ther
ſuffer any <hi>Tribunes,</hi> or men of <hi>Tribunitian</hi>
ſpirits, or ſuch as challenge to themſelves <hi>Tribu<g ref="char:EOLhyphen"/>nitian</hi>
power, to grow up under them, or live with<g ref="char:EOLhyphen"/>in
the verge of their Dominions. The <hi>Tribune</hi>
and the <hi>Tribunitian</hi> ſpirit are no friend to <hi>Monar<g ref="char:EOLhyphen"/>chie;</hi>
and have ſo much of <hi>Pompey</hi> in them (who
reſtored the Office) that they will never be con<g ref="char:EOLhyphen"/>tent
to endure an <hi>equall,</hi> much leſs to ſuffer a <hi>Su<g ref="char:EOLhyphen"/>perior.</hi>
For further proof of which (if more proof
be requiſite) and for diſcovering to the world with
what arts and practiſes thoſe factious and ſeditious
ſpirits did attain their height: it would be a moſt
excellent piece of ſervice to all <hi>Soveraign</hi> Princes,
if a juſt <hi>Tribunitian hiſtorie</hi> were compoſed by
ſome man of judgement, for the recovery of this Age
from the preſent maladies, and a <hi>Memento</hi> to the
<pb n="103" facs="tcp:114881:60"/>
future. But this I leave to thoſe who have time
and leiſure, and other fit abilities to goe through
with it. I have another task in hand, and the
<hi>Demarchi</hi> call upon me to paſs on to <hi>Athens,</hi> where
we are like to finde worſe work then we met with
hitherto. Worſe work I mean in this reſpect,
that we are like to finde leſs ground for the <hi>ſup<g ref="char:EOLhyphen"/>poſition;</hi>
for otherwiſe we are like to finde no
work at all, as will appear more evidently by that
which followeth.</p>
            </div>
            <div n="4" type="chapter">
               <pb n="104" facs="tcp:114881:61"/>
               <head>CHAP. IV. Of what authority the DEMARCHI were in
the State of ATHENS; and of the dan<g ref="char:EOLhyphen"/>ger
and unfitneſs of the inſtances produced
by CALVIN.</head>
               <list>
                  <item>(I) <hi>Athens</hi> firſt governed by Kings, and after<g ref="char:EOLhyphen"/>wards
by one <hi>Soveraign</hi> Prince under other
titles.</item>
                  <item>(II) The <hi>Annual Magiſtrates</hi> of <hi>Athens</hi> what
they were, and of what authoritie.</item>
                  <item>(III) By whom and what degrees the State of
<hi>Athens</hi> was reduced to a <hi>Democratie.</hi>
                  </item>
                  <item>(IV) Of the authoritie of the <hi>Senate,</hi> and the
famous Court of the <hi>Areopagites.</hi>
                  </item>
                  <item>(V) What the <hi>Demarchi</hi> were in the State of
<hi>Athens,</hi> and of what authoritie.</item>
                  <item>(VI) The <hi>Demarchi</hi> never were of power to op<g ref="char:EOLhyphen"/>poſe
the <hi>Senate,</hi> nor were ordained to that
end.</item>
                  <item>(VII) <hi>Calvins</hi> ill luck in making choyce of
three ſuch inſtances, which if true, would not
ſerve his turn.</item>
                  <item>(VIII) The danger which lyeth hidden under the
diſguiſe of ſuch <hi>popular Magiſtrates,</hi> as are
here inſtanced in by <hi>Calvin.</hi>
                  </item>
                  <pb n="105" facs="tcp:114881:61"/>
                  <item>(IX) What moved <hi>Calvin</hi> to lay theſe danger<g ref="char:EOLhyphen"/>ous
<hi>ſtumbling-blocks</hi> in the Subjects way.</item>
                  <item>(X) The dangerous <hi>oppoſitions</hi> and <hi>practiſes</hi>
which have hence enſued in moſt parts of
<hi>Europe.</hi>
                  </item>
                  <item>(XI) The ſect of <hi>CALVIN</hi> profeſſed Enemies
to <hi>Monarchie,</hi> and the power of Princes.</item>
               </list>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="I"/> (1) THE State of <hi>Athens,</hi> as were all others
at the firſt, was under the Govern<g ref="char:EOLhyphen"/>ment
of Kings, all of them of the race of <hi>Cecrops,</hi>
from whom his <hi>Succeſſors</hi> were called <hi>Cecropidae:</hi>
and they, as other Kings in thoſe antient times,
<hi>ut libitum imperitabant</hi>
                  <note n="a" place="margin">Tacit. Annal. lib. 3.</note>, governed the people un<g ref="char:EOLhyphen"/>der
them by no other rule then their own diſcre<g ref="char:EOLhyphen"/>tion.
<hi>Theſeus</hi> the tenth from <hi>Cecrops,</hi> was the
firſt King of <hi>Athens</hi> which let goe his hold, and
parted with ſo many of the <hi>Regal</hi> rights, as made
the Kings weak and the Subjects wanton. For
having a deſire to incorporate all the Inhabitants
of <hi>Attica</hi> into the City of <hi>Athens,</hi> the better to
unite them againſt forein force, and to aſſemble
them together as occaſion ſerved, he was fain to
win them to it by large promiſes of giving them
ſome ſhare in the publick Government: without
which bait, the wealthier ſort, and ſuch as had
authoritie in their ſeveral <hi>Burroughs,</hi> could not be
drawn into the City<note n="b" place="margin">Plutarch in Theſeo.</note>. Yet ſtill he kept unto him<g ref="char:EOLhyphen"/>ſelf
and to his ſucceſſors <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, as we
finde in <hi>Plutarch,</hi> the chief Cnmmandery in the
wars, and the preſervation of the laws, together
<pb n="106" facs="tcp:114881:62"/>
with a <hi>ſuperintendency</hi> in matters which concerned
<hi>Religion;</hi> the main points of Soveraigntie. And
in this State things ſtood till the death of <hi>Codrus,</hi>
the ſeventh from <hi>Theſeus,</hi> who giving up his own
life to preſerve his Countrey, became ſo honored
and admired amongſt his people, that they re<g ref="char:EOLhyphen"/>ſolved
for his ſake to have no more Kings, for
fear they ſhould never meet with any who might
be worthy to ſucceed him: which was one of the
prettieſt wanton quarrels that ever was picked a<g ref="char:EOLhyphen"/>gainſt
a <hi>Monarchie.</hi> The <hi>Princes</hi> which ſucceed<g ref="char:EOLhyphen"/>ed
after his deceaſe, they called not <hi>Kings,</hi> but
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or <hi>Governors;</hi> but the change was only in
the name, and in the manner of their getting the
Supreme authoritie. For being once inveſted with
the <hi>Supreme</hi> power, they held it during life with<g ref="char:EOLhyphen"/>out
check or cenſure; as is affirmed by <hi>Africanus,</hi>
an antient writer: who laying down the ſucceſ<g ref="char:EOLhyphen"/>ſion
of the Kings of <hi>Athens,</hi> to the death of <hi>Co<g ref="char:EOLhyphen"/>drus</hi>
                  <note n="d" place="margin">African. apud Euſib. Chron. edit. Scaliger.</note>, addes this, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
that after them ſucceeded the perpetual <hi>Ar<g ref="char:EOLhyphen"/>chonte<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>,</hi>
who held the Government during life.
The like <hi>Euſebius</hi> doth affirm<note n="e" place="margin">Euſeb. in Chro.</note>, and all Authors
elſe, which treat of the affairs of <hi>Athens.</hi> The
difference was, that formerly the Kingdom was <hi>ſuc<g ref="char:EOLhyphen"/>ceſſive</hi>
meerly, entailed upon the Princes of the
line of <hi>Cecrops,</hi> now it began to be <hi>Elective,</hi> and to
be given to them who beſt pleaſed the people:
<hi>Et loco libertatis erat, quod eligi coeperunt</hi>
                  <note n="f" place="margin">Tacit. hiſt. l. 1.</note>, and
it was ſome degree of liberty, (and a great one
too) that they had power to nominate and elect
<pb n="107" facs="tcp:114881:62"/>
their <hi>Princes.</hi> But long they did not like of this,
although no doubt a great intruſion on the <hi>Regal</hi>
dignity. The Princes were too abſolute when they
held for life, not ſo obſervant of the people as it
was expected; becauſe not liable to accompt, nor
to be called unto a reckoning till it was too late,
till death had freed them from their faults, and
the peoples cenſure. And therefore having tryed
the Government of 13 of theſe perpetual <hi>Archon<g ref="char:EOLhyphen"/>tes,</hi>
of which <hi>Medon</hi> the ſon of <hi>Codrus</hi> was the
firſt, and the laſt <hi>Al<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>maeon; In decem annos Ma<g ref="char:EOLhyphen"/>gistratuum
conſuetudo converſa eſt</hi>
                  <note n="g" place="margin">Euſeb. in Chr.</note>, they intro<g ref="char:EOLhyphen"/>duced
another cuſtom, and every tenth year
changed their <hi>Governors.</hi> Theſe they called <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<note n="h" place="margin">African. apud Euſeb. Chronic.</note>, or <hi>Decennial Archontes;</hi> of which
they had but ſeven in all, and then gave them
over: and from that time were governed by nine
Officers or <hi>Magiſtrates</hi> choſen every year, who
for that cauſe waa called <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or the
<hi>Annual Magiſtrates.</hi> And yet it is to be obſerved
that in both theſe changes, the <hi>Archon</hi> whoſoever
he was, and whether he was for term of life or
for ten years only, had all the power which for<g ref="char:EOLhyphen"/>merly
was belonging to the Kings, ſave the very
name; in which regard <hi>Euſebius</hi> doth not ſtick
to call them by the name of <hi>Kings:</hi> where ſpeak<g ref="char:EOLhyphen"/>ing
of the inſtitution of theſe <hi>Annual Magiſtrates,</hi>
he doth thus expreſs it, <hi>Athenis</hi> Annui <hi>principes
constituti ſunt ceſſantibus</hi> Regibus<note n="i" place="margin">Euſeb. Chron.</note>, as St. <hi>Hierom</hi>
renders it.</p>
               <p>
                  <pb n="108" facs="tcp:114881:63"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="II"/>(2) Now for theſe <hi>Annual Magiſtrates,</hi> they
were theſe that follow, that is to ſay, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="k" place="margin">Iul. Pollux in Onomaſt. l. 8. c. 9.</note>
                  <g ref="char:punc">▪</g>
which we may call the <hi>Provoſt</hi> (who <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> was
called the <hi>Archon</hi>) the <hi>Biſhop</hi> or High Prieſt, the
<hi>Marſhal,</hi> and the ſix <hi>Chief Juſtices.</hi> Of theſe
the <hi>Provoſt</hi> was the chief, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, of
whom they did denominate the enſuing year, and
by whoſe name they dated all their private con<g ref="char:EOLhyphen"/>tracts,
and Acts of State.<note n="l" place="margin">Id. ibid. Sect. 2.</note> To him it appertained
to have a care of celebrating the <hi>Orgies</hi> of <hi>Bac<g ref="char:EOLhyphen"/>chus,</hi>
and the great feſtival which they termed
<hi>Thargelia,</hi> conſecrated to <hi>Apollo</hi> and <hi>Diana;</hi> as
alſo to take cognizance of miſdemeanors, and in
particular to puniſh thoſe who were common drunk<g ref="char:EOLhyphen"/>ards;
and to determine in all caſes which con<g ref="char:EOLhyphen"/>cerned
matter of inheritance: and furthermore to
nominate <hi>Arbitrators</hi> for the ending of fuits and
private differences, to appoint <hi>Guardians</hi> unto
<hi>Orphans,</hi> and Overſeers unto women left with
childe by their husbands. The <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> whom we
call the <hi>Biſhop</hi> or <hi>high Prieſt,</hi> had the charge of
all the ſacred myſteries<note n="m" place="margin">Id. ibid. Sect. 3.</note>, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
and the adminiſtration of the uſual and ac<g ref="char:EOLhyphen"/>cuſtomed
ſacrifices; together with the cognizance
of ſacriledge, prophaneneſs, and all other actions
which concerned <hi>Religion,</hi> as alſo power to inter<g ref="char:EOLhyphen"/>
                  <gap reason="illegible" resp="#TECH" extent="2 letters">
                     <desc>••</desc>
                  </gap>ct
litigious perſons (or <hi>Common Barretters</hi> as
we call them) from being preſent at the celebra<g ref="char:EOLhyphen"/>ting
of the holy myſteries. And he retained the
name of <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, becauſe that antiently their <hi>Kings,</hi>
                  <pb n="109" facs="tcp:114881:63"/>
(as in all places elſe) had the chief hand in mat<g ref="char:EOLhyphen"/>ters
which related to the publick ſervice of the
Gods, and the ſolemn ſacrifices. On the which
reaſon and no other, the <hi>Romans</hi> had their <hi>Re<g ref="char:EOLhyphen"/>gem
Sacrificulum,</hi> (whom <hi>Plutarch</hi> calls <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="n" place="margin">Plutarch in Problemat.</note>, in imitation of the <hi>Latine,</hi> but <hi>Dionyſius</hi>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="o" place="margin">Dionyſ. Hali<g ref="char:EOLhyphen"/>carnenſ. hiſt. l. 5.,</note> in the true <hi>Greek</hi> phraſe); of
which <hi>Livie</hi> thus. <hi>Rerum deinde divinarum ha<g ref="char:EOLhyphen"/>bita
cura: &amp; quia quaedam publica ſacra per ipſos</hi>
Reges <hi>factitata erant, necubi</hi> Regum <hi>deſideri<g ref="char:EOLhyphen"/>um
eſſet,</hi> Regem Sacrificulum <hi>creant</hi>
                  <note n="p" place="margin">Livie hiſt. R<g ref="char:EOLhyphen"/>man. lib. 2.</note>. But to
proceed, the <hi>Polemarchus</hi> whom we <hi>Engliſh</hi> by
the name of <hi>Marſhall,</hi> ſate judge in caſes of ſedi<g ref="char:EOLhyphen"/>tion,
and ſuch whereby the grandour of the State
might ſuffer detriment; as alſo in all actions which
concerned either <hi>Denizens,</hi> or <hi>Merchant-ſtrangers:</hi>
and unto him it appertained to ſacrifice to <hi>Diana</hi>
and to <hi>Mars,</hi> the two military Deities<note n="q" place="margin">Jul. Pollux in Onomaſt. l. 8. c. 9. 3.</note>, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
and to pre<g ref="char:EOLhyphen"/>ſcribe
the funeral pomp for ſuch as loſt their lives
in their Countries ſervice. Each of theſe had
their two Aſſeſſors, of their own election; but
ſo that they were bound to chooſe them out of
the <hi>Senate</hi> of five hundred<note n="r" place="margin">Id. ibid. Sect.</note>, from no lower
rank. Finally for the <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, whom we call
<hi>Chief Juſtices,</hi> they were ſix in number, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="s" place="margin">Suidas in Lex.</note>, and had authority to
give judgement abſolutely in all <hi>civil pleas,</hi> to
judge of ſtrangers which abuſed the priviledges
which they had in the City, of briberie, conſpi<g ref="char:EOLhyphen"/>racies,
falſe inſcriptions, in caſes of adultery and
<pb n="110" facs="tcp:114881:64"/>
publick crimes; in points of trade, and actions
which concerned the <hi>S<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>annaries</hi>
                  <note n="t" place="margin">Jul. Poll<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>x in Onomall. l. 8 c. 9. ſect. 1.</note>; as alſo to re<g ref="char:EOLhyphen"/>view
the ſentence of the <hi>Provoſt,</hi> and the decrees
of the Senate if occaſion were; and to give no<g ref="char:EOLhyphen"/>tice
to the people, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, as
<hi>Julius Pollux,</hi> if any man preferred a law which
was not profitable and expedient for the Common-wealth.
Such were the <hi>Officers,</hi> and ſuch the duty
of thoſe <hi>Officers,</hi> ordained at <hi>Athens,</hi> upon the laſt
alteration of the Government which before we
ſpake of: and amongſt theſe we finde not any
<hi>popular Magiſtrate,</hi> who was to have a care of the
Common people, and to preſerve them in their
rights and liberties from the oppreſſion of the
greater and more powerful <hi>Citizens;</hi> much leſs
ſet up of purpoſe to oppoſe the <hi>Senate.</hi> And to
ſay truth, we muſt not look for any ſuch amongſt
the <hi>nine,</hi> nor in theſe times in which this altera<g ref="char:EOLhyphen"/>tion
of the Government was firſt eſtabliſhed.
They could not fall immediately from a <hi>Regal</hi>
State, to a <hi>Democratical,</hi> but they muſt take the
<hi>Ariſtocratie</hi> in the way unto it. They had been
under <hi>Kings</hi> at firſt, or ſuch as had the power of
<hi>Kings,</hi> although not the name. And when they
choſe theſe <hi>Annual Officers,</hi> they choſe them <hi>ex
nobilibus urbis,</hi> out of the Nobles only, as <hi>Euſe<g ref="char:EOLhyphen"/>bius</hi>
hath it<note n="u" place="margin">Euſeb. Chron.</note>: which <hi>Scaliger</hi> is forced to grant
to be ſo at firſt<note n="x" place="margin">Scaliger in Animadverſ.</note>, though out of a deſire to
confute his Author, he would very fain have had
it otherwiſe. Whether or no they had ſuch <hi>Offi<g ref="char:EOLhyphen"/>cers</hi>
as <hi>Calvin</hi> dreams of, when they had ſetled
<pb n="111" facs="tcp:114881:64"/>
their <hi>Democratie,</hi> we ſhall ſee anon: having firſt
ſhewn by whom and by what degrees the govern<g ref="char:EOLhyphen"/>ment
of the State was caſt on the peoples ſhoul<g ref="char:EOLhyphen"/>ders,
and the form thereof made meerly <hi>popular</hi>
or <hi>Democratical.</hi> For certainly it is moſt true,
that never any <hi>Democratical</hi> State ſhewed it ſelf at
the firſt in its proper colours, or came into the
world by a lawful entrance; but crept into it ſe<g ref="char:EOLhyphen"/>cretly
at the back-dore either of <hi>faction</hi> or <hi>ſedi<g ref="char:EOLhyphen"/>tion.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="III"/> (3) Now the firſt man that gave the hint to
the <hi>Democratie,</hi> and made the people fall in love
with a factious libertie, was <hi>Theſeus,</hi> a valiant but
unfortunate King, who the better to induce the
people of <hi>Attica</hi> to deſert their dwellings, and be
incorporated into <hi>Athens,</hi> promiſed them (as be<g ref="char:EOLhyphen"/>fore
was ſaid) that all of them ſhould have ſome
ſhare in the publick government, and after the
form and manner of a Common-wealth. And ſo
far he performed his promiſe, as to deveſt him<g ref="char:EOLhyphen"/>ſelf
of ſome parts of <hi>Soveraigntie</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
and laid the firſt foundation of that <hi>popular
State,</hi> which was after built: but he paid deer for
it<note n="y" place="margin">Plutarch. in Th<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſeo.</note>. For the people who before had been ſo tra<g ref="char:EOLhyphen"/>ctable,
that they would do whatſoever their <hi>Kings</hi>
commanded, at the firſt words ſpeaking; began
to take more ſtate upon them, and became ſo ſtub
born, that they would do nothing on command,
but looked to be flattered with and <hi>courted,</hi> upon
all occaſions<note n="z" place="margin">Id<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ibid.</note>. Which being noted by <hi>Meneſtheus</hi>
                  <pb n="112" facs="tcp:114881:65"/>
a popular man, but otherwiſe of the Royal bloud,
he ſo ſed that humor, and wrought ſo finely on
them by his wit and cunning, that <hi>Theſeus</hi> was in
fine depoſed, and his ſons diſherited, and the re<g ref="char:EOLhyphen"/>mainder
of the Royaltie conferred by them upon
<hi>Menestheu<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>,</hi> as their deed of gift. And though no
doubt the people did improve their power, both
when their Kings became <hi>elective,</hi> and when their
<hi>Governors</hi> were elected but for term of years, and
ſpecially when the <hi>Magiſtrates</hi> were no more then
<hi>Annual;</hi> yet they could get no further then an <hi>Ari<g ref="char:EOLhyphen"/>ſtocratie,</hi>
till the time of <hi>Solon;</hi> which were about
170 years after the <hi>Annual Officers</hi> were firſt eſta<g ref="char:EOLhyphen"/>bliſhed:
the <hi>Annual Officers</hi> being eſtabliſhed in
the firſt year of the 5. <hi>Olympiad,</hi> and <hi>Solons</hi> re<g ref="char:EOLhyphen"/>formation
hapning in the ſecond of the 47. But
<hi>Solon</hi> being choſen <hi>Provoſt</hi> (or the <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,)
and finding the <hi>Republick</hi> much embroyled in
dangerous factions which had been long ſince bred
between the <hi>Nobles</hi> and <hi>Commons,</hi> in the change of
Governments: took on him by the joynt conſent
of both parties, the emendation of the laws, and
the reducing of the State of the Common-wealth to
a more peaceable and equal temper<note n="a" place="margin">Id. in Solone.</note>. And he ſo
ordered their affairs, that the chief Offices of the
City remained in the hands of the <hi>Nobilitie,</hi> as
before they were; which for the time contented
them: but the election of thoſe Officers, and the
<hi>dernier reſort,</hi> or the admittance of <hi>Appeals</hi> upon
<hi>Writs</hi> of <hi>error</hi> (as we call them); that he con<g ref="char:EOLhyphen"/>firmed
unto the people; which did not only pleaſe
<pb n="113" facs="tcp:114881:65"/>
the people for the preſent time, but put them in<g ref="char:EOLhyphen"/>to
a condition of drawing to themſelves the <hi>ſu<g ref="char:EOLhyphen"/>preme</hi>
authority. Inſomuch that <hi>Ariſtotle</hi> though
he ſeem to ſay, that <hi>Solon</hi> ſetled in the City a mixt
form of Government, the Court of <hi>Areopagites</hi>
(which he alſo inſtituted) pretending to an <hi>Oli<g ref="char:EOLhyphen"/>garchie,</hi>
the <hi>Annual Officers</hi> or <hi>Archontes</hi> to an <hi>Ari<g ref="char:EOLhyphen"/>ſtocratie,</hi>
and the power of <hi>judicature</hi> being veſted
in the common people, unto a <hi>Democratie</hi>
                  <note n="b" place="margin">Ariſtot. Po<g ref="char:EOLhyphen"/>litic. l. 2. c. 10.</note>: yet
he confeſſeth at the laſt, that this power of <hi>judi<g ref="char:EOLhyphen"/>cature,</hi>
and the neceſſity which all men found of
applying themſelves unto the people, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
changed the <hi>Republick</hi> in
concluſion to a meer <hi>Democratie,</hi> as it continued
till his time. But yet it was not brought about
but with great adoe, <hi>Piſiſtratus</hi> firſt reducing the
eſtate to an abſolute <hi>Monarchy</hi>
                  <note n="c" place="margin">Plutarch. in So<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>one.</note>, (which becauſe
he got it from them by fraud and force, they
called a <hi>Tyranny</hi>) and after <hi>Cliſthenes</hi> freeing his
countrey from that yoke (by driving his poſteri<g ref="char:EOLhyphen"/>ty
out of <hi>Attica</hi>) reſtoring it unto an <hi>Ariſtocratie</hi>
                  <note n="d" place="margin">Id. in Ari<g ref="char:EOLhyphen"/>ſtide, in Pericle, et Cim<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>nc.</note>,
as before it was. At laſt it ſeemed good to <hi>Ari<g ref="char:EOLhyphen"/>ſtides,</hi>
though for a time he concurred with <hi>Cli<g ref="char:EOLhyphen"/>ſthenes</hi>
in his form of government, to caſt a more
indulgent eye on the common people, who had be<g ref="char:EOLhyphen"/>haved
themſelves exceeding gallantly in the dread<g ref="char:EOLhyphen"/>full
war againſt the <hi>Perſians:</hi> and to cauſe a law to
be enacted that all authority and power of go<g ref="char:EOLhyphen"/>vernment
ſhould be communicated equally to all
the Citizens,<note n="e" place="margin">Id. in Ari<g ref="char:EOLhyphen"/>ſtide.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
and that they ſhould be capable of all the Offices
<pb n="114" facs="tcp:114881:66"/>
and honours in the Common-wealth. Which as
it added much to the authority of the common
people, ſo that authority was increaſed much more
by the Arts of <hi>Pericles;</hi> who bearing a grudge
unto the Court of the <hi>Areopagites,</hi> whereof he was
never any Member, and finding that the power
thereof, and of the <hi>Senate</hi> of five hundred, did
derogate exceeding much from the power of the
people, to whoſe faction he was wholly wedded:
by the help and ſetting on of <hi>Ephialtes</hi> (a buſie and
popular man) took from them the hearing and
determining of the weightieſt cauſes<note n="f" place="margin">Id. in Pericle &amp; <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>imone.</note>, and put
them over to the judgement and deciſion of the
common people, who had no more before but the
laſt appeal: and thereby perfected and produced
that pure <hi>Democratie,</hi> which had ſo often been de<g ref="char:EOLhyphen"/>ſired,
but in vain attempted.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IV"/> (4) The people being ſcrewed to this height
of power<g ref="char:punc">▪</g> and the dignity of the ſupreme Courts
ſo much diminiſhed, a man would think there
was but little need of ſuch <hi>popular Officers</hi> as <hi>Cal<g ref="char:EOLhyphen"/>vin</hi>
ſpeaks of, ordained of purpoſe (as he thinks)
to oppoſe the <hi>Senate,</hi> and counter-ballance their
authority. Nor were thoſe Courts at any time
ſo inclined to <hi>tyranny,</hi> or likely in their conſti<g ref="char:EOLhyphen"/>tution
to oppreſs the people, when their authori<g ref="char:EOLhyphen"/>ty
was greateſt, and their power moſt eminent,
as that the people needed any ſpecial <hi>Officers</hi> to
reſtrain their inſolencies, or to confine them to
the limits of their Juriſdiction. Now for the <hi>Se<g ref="char:EOLhyphen"/>nate,</hi>
                  <pb n="115" facs="tcp:114881:66"/>
it conſiſted at the firſt of 400 perſons, an hun<g ref="char:EOLhyphen"/>dred
out of every Tribe; and to that number was
reſtrained by <hi>Solon,</hi> whoſe device it was<note n="g" place="margin">Id. in Solone.</note>: but
<hi>Cliſthenes,</hi> having increaſed the number of the
<hi>Tribes</hi> to ten, added one hundred more, which
made five in all, (for each tribe fifty) and ſo con<g ref="char:EOLhyphen"/>tinued
till the expiration of that Common-wealth.
A chief part of their buſineſs was, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<hi>&amp;c.</hi> to deliberate and
debate of all ſuch matters as were to be commen<g ref="char:EOLhyphen"/>ded
to the care of the common people, that when
the whole body of the people was aſſembled to<g ref="char:EOLhyphen"/>gether,
no point ſhould be propounded to them
but what the Councell of <hi>five hundred</hi> had fitted
and prepared for their reſolution<note n="h" place="margin">Id. ibid.</note>. It alſo apper<g ref="char:EOLhyphen"/>tained
to them <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, <hi>&amp;c.</hi> to con<g ref="char:EOLhyphen"/>ſult
about denouncing war and raiſing moneys, to
adviſe upon the making of new Lawes, to judge of
any accident which at any time hapned in the Ci<g ref="char:EOLhyphen"/>ty,
and of ſuch matters which concerned their <hi>Al<g ref="char:EOLhyphen"/>lies</hi>
and neighbours; to impoſe tribute on the Sub<g ref="char:EOLhyphen"/>ject,
and to take care both of the <hi>Navie</hi> and the
<hi>Temples;</hi> and furthermore to inqure into the car<g ref="char:EOLhyphen"/>riage
of the City Magiſtrates, to appoint keepers
unto Priſoners taken in the wars, to judge of ſuits
concerning Orphans, and ſometimes in ſuch caſes
as belonged more properly to a Court of war<note n="i" place="margin">Xenophon de Repub. Athen.</note>.
Other particulars there are which they were to
deal in, but theſe the principal: and theſe though
points of great concernment, and arguments of
the power and truſt committed to them, were little
<pb n="116" facs="tcp:114881:67"/>
like to tempt them to abuſe their power in the
oppreſſing of the people. For beſides that they
were choſen but for one year only<note n="k" place="margin">Xen<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>phon de Repub. Athen.</note>, and that
too not without a previous inquiſition into their
former life and converſation; which were ſuffici<g ref="char:EOLhyphen"/>ent
to induce them to hold fair quarter with the
people by all means imaginable: they were bound
by oath at their admiſſion to that honour, to con<g ref="char:EOLhyphen"/>ſult
the peoples good and benefit in moſt ſpecial
manner, and not to impriſon any of them, how
mean ſoever, unleſſe he were found guilty of ſome
practiſe to betray the City, and diminiſh the au<g ref="char:EOLhyphen"/>thority
and power of the people; or that being
one of the <hi>Farmers</hi> of the Tolls and Taxes, or
a Collector of the Tributes, he became <hi>non-ſol<g ref="char:EOLhyphen"/>vent,</hi>
and had not cleared his accompt with the
Common-wealth<note n="l" place="margin">D<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>moſthen. in oratione com. N<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ce<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>am.</note>. As for the Court or Coun<g ref="char:EOLhyphen"/>cell
of the <hi>Areopagites,</hi> it conſiſted from the firſt
beginning, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, of ſuch and
ſuch alone who had formerly been of the number
of the nine chief Magiſtrates<note n="m" place="margin">Plutarch in Solone, &amp; Pe<g ref="char:EOLhyphen"/>ricle.</note>; and they being
once admitted held for term of life: which made
them, being men of eminence and reputation, to
be more able to annoy the people, and to int<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ench
upon them in their rights and liberties, had their
minde been anſwerable. For unto them belonged
the general ſuperintendency of all things in the
Common-wealth, and them did <hi>Solon</hi> truſt with
this ſpeciall power, that they ſhou'd be <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="n" place="margin">Id. in. Solen.</note>, and ſee the Lawes to be maintained and
to have their courſe: and in particular to judge in
<pb n="117" facs="tcp:114881:67"/>
the caſe of murder, and man-ſlaughter, and brief<g ref="char:EOLhyphen"/>ly
in all Capital cauſes. And with theſe Courts
or Counſels, call them which you will, the pru<g ref="char:EOLhyphen"/>dent
<hi>Legiſlator</hi> thought that he had ſetled and
confirmed the Common-wealth, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
as with two ſtrong <hi>Anchors,</hi> in ſuch a firm and
conſtant manner, that neither the fabrick of the
State ſhould be eaſily ſhaken, nor the people apt
to take offence, or run themſelves upon unpeace<g ref="char:EOLhyphen"/>able
and ſeditious courſes.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="V"/> (5) But if the Senate or the Councell ſhould
abuſe their power, and uſe that ſword to the op<g ref="char:EOLhyphen"/>preſſion
of the common people, which was com<g ref="char:EOLhyphen"/>mitted
to their hands for their weal and benefit:
might not, and did not the <hi>Demarchi</hi> take the peo<g ref="char:EOLhyphen"/>ples
part, and ſave them from the wrongs and in<g ref="char:EOLhyphen"/>juries
intended towards them? <hi>Calvin</hi> ſo intimates
indeed, but he ſpeaks without book, being more
guided to that error by the ſound and etymologie
of the word, then by the nature of the office.
The beſt Greek Authors who have written the af<g ref="char:EOLhyphen"/>fairs
of <hi>Rome,</hi> do call the <hi>Tribunes</hi> of the people
by this name <hi>Demarchi,</hi> and their authority or Of<g ref="char:EOLhyphen"/>fice
by the name of <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> alſo. Nothing more
common in <hi>Polybius, Halicarnenſis, Plutarch,</hi> and
whoſoever elſe have left us any thing of the <hi>Ro<g ref="char:EOLhyphen"/>man</hi>
ſtories in that language. But the <hi>Demarchi</hi>
of <hi>Athens</hi> were of no ſuch power, and had but
ſmall authority (God wot) in affairs of State. Mea<g ref="char:EOLhyphen"/>ſure
them by the definition which is given by
<pb n="118" facs="tcp:114881:68"/>
                  <hi>Suidas,</hi> and he will tell you that they were cer<g ref="char:EOLhyphen"/>tain
<hi>Officers</hi> appointed in the <hi>Burroughs</hi> and free
Towns of <hi>Attica,</hi> (being twelve in number)
<note n="o" place="margin">Suidas in Lex.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>.
And for his power, he tels us that it did eſpe<g ref="char:EOLhyphen"/>cially
conſiſt in making a Terrier of the lands of
every Townſhip, and keeping of the publick Re<g ref="char:EOLhyphen"/>giſters
which concerned the <hi>Burrough,</hi> in calling
the people of the Town together when their oc<g ref="char:EOLhyphen"/>caſions
did require it, and calculating of their
voices by the poll, or <hi>ſcrutinie,</hi> and ſometimes in
diſtraining on their goods and chattels, if any of
them were indebted to the State either in amercia<g ref="char:EOLhyphen"/>ments
or <hi>contributions.</hi> But take his own words
with you for the more aſſurance. <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> (ſaith he)
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="p" place="margin">Id. ibid.</note>. The Author of the <hi>Etymologicon magnum</hi>
ſaith the ſame with <hi>Suidas,</hi> but in ſewer words;
and he deſcribes this mighty man of whom <hi>Cal<g ref="char:EOLhyphen"/>vin</hi>
dreams, to be no other then the <hi>Bailiff</hi> of ſome
ancient <hi>Burrough</hi> is with us in <hi>England,</hi> his power
being limited and confined within the <hi>perambula<g ref="char:EOLhyphen"/>tion</hi>
of his own Pariſh, in which he could do lit<g ref="char:EOLhyphen"/>tle
more then take the valuation of his neighbours
eſtate, and tell how much he was to be aſſeſſed at
in the <hi>Subſidie</hi> Book<note n="q" place="margin">Etymologicon Magnum in De<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>archo.</note>, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>.
So he, which is in ſum what
we had before. 'Tis true, there was another <hi>Of<g ref="char:EOLhyphen"/>ficer</hi>
                  <pb n="119" facs="tcp:114881:68"/>
of the ſame name in the City alſo, and for
each tribe one; the <hi>Alderman of the Ward</hi> we may
fitlieſt call him; but not of much more power and
reputation then the <hi>Countrey-Bailiff.</hi> Of theſe ſaith
<hi>Harpocration</hi> an old <hi>Grammarian,</hi> that they were
called <hi>Naucrari</hi> at the firſt, and had authority to
arreſt or deſtrain ſuch perſons as ſtood indebted
to the <hi>Exchequer</hi> or the Common-wealth.<note n="r" place="margin">Harpocrat. in Demarcho.</note> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
ſo <hi>Harpocration</hi> briefly in
his wonted manner. But <hi>Julius Pollux</hi> in his
<hi>Onomaſticon</hi> goes to work more plainly, and telleth
us of theſe <hi>Demarchi,</hi> that they were <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="s" place="margin">Jul. Pollux l. 8. c. 9. ſect. 30.</note>, the governours or <hi>Aldermen</hi> of their ſe<g ref="char:EOLhyphen"/>verall
<hi>Wards,</hi> that formerly they were called
<hi>Naucrari;</hi> that anciently the twelfth part of a
<hi>Tribe</hi> or <hi>Ward</hi> was called <hi>Naucraria,</hi> and in the
later times the whole <hi>Ward</hi> it ſelf; that theſe <hi>De<g ref="char:EOLhyphen"/>marchi</hi>
had the ordering of the <hi>Taxes</hi> raiſed in
every Ward, and looked unto the iſſuing of them
for the publick uſe; and finally, that every <hi>Nau<g ref="char:EOLhyphen"/>craria</hi>
or Ward was to finde two horſe-men and
one ſhip for the ſervice of the Common-wealth,
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, from whence in probability they
derived the word. Add unto this from <hi>Suidas,</hi>
as the cloſe of all, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="t" place="margin">Suidas in Lex.</note>, that they had alſo the ſetting forth of the
great feſtivall called <hi>Panathenaea;</hi> ordained by <hi>The<g ref="char:EOLhyphen"/>ſeus</hi>
on the incorporating of all the people of <hi>At<g ref="char:EOLhyphen"/>tica</hi>
into the City of <hi>Athens</hi>
                  <note n="u" place="margin">Plutarch in Theſeo.</note>.</p>
               <p>
                  <pb n="120" facs="tcp:114881:69"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="VI"/>(6) Put all that hath been ſaid together touch<g ref="char:EOLhyphen"/>ing
theſe <hi>Demarchi</hi> (and more then this I cannot
finde which concerns that Office) and we may
eaſily perceive that they were men of no autho<g ref="char:EOLhyphen"/>rity
in affairs of State: ſo far from being likely
to protect the people from the power and preſ<g ref="char:EOLhyphen"/>ſures
of the <hi>Senate,</hi> that they were rather <hi>execu<g ref="char:EOLhyphen"/>tioners,</hi>
or Miniſters of juſtice to afflict the peo<g ref="char:EOLhyphen"/>ple
when the occaſions of the <hi>Senate</hi> did require
it of them. That the <hi>Demarchi</hi> were ordained to
oppoſe the <hi>Senate,</hi> when it lay heavy on the necks
of the common people; or actually did make
head againſt them in behalf of the people if at
any time they were oppreſſed and injured by it,
cannot be found (I dare with confidence affirm)
in any Author of good credit, either <hi>Greek</hi> or
<hi>Latine.</hi> 'Tis true, there were ſome people-pleaſers
in the State of <hi>Athens,</hi> whom they called <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
who by applying themſelves to the peoples hu<g ref="char:EOLhyphen"/>mour,
and ſeeming zealouſly affected to their
power and profit, could lead them whither they
would, and to what they liſted: and ſometimes did
oppoſe themſelves for the peoples ſake, not only
againſt the <hi>Senate,</hi> but all other Magiſtrates. Of
theſe it is that <hi>Ariſtotle</hi> doth make frequent men<g ref="char:EOLhyphen"/>tion
in his books of <hi>Politicks,</hi> and ſeems to pro<g ref="char:EOLhyphen"/>phecy,
that if not looked into in time, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="x" place="margin">Ariſtot. Poli<g ref="char:EOLhyphen"/>ti c. l. 5 c 5.</note>, they would change the State into a
Tyrannie. But theſe were neither <hi>Officers of State,</hi>
nor juſtice, nor indeed any <hi>Officers</hi> at all, though
<pb n="121" facs="tcp:114881:69"/>
many times they did ill Offices to the Common-wealth,
the better to advance the hopes of the <hi>po<g ref="char:EOLhyphen"/>pular</hi>
faction, and by it themſelves. And it is true
which <hi>Ariſtotle</hi> tells us in another place, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
that the people had
not only power to elect their <hi>Magiſtrates</hi>
                  <note n="y" place="margin">Id. ibid. l 2. c. 12.</note>, but
to call them alſo to accompt, in caſe of <hi>mal-ad<g ref="char:EOLhyphen"/>miniſtration;</hi>
and had their proper Officers appoint<g ref="char:EOLhyphen"/>ed
to that end and purpoſe. But then it is true
withall, that amongſt them we meet not theſe
<hi>Demarchi</hi> of whom <hi>Calvin</hi> dreams; or any others
which ſtood up in behalf of the common people, but
only in behalf of the <hi>Common-wealth.</hi> Of this
ſort were the <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> ſuperadded to the nine <hi>Ar<g ref="char:EOLhyphen"/>chontes,</hi>
and of authority to call them to an after-reckoning,
if they found them guilty of extor<g ref="char:EOLhyphen"/>tion
<note n="z" place="margin">Jul. Pollux. l. 8. c. 9. Sect. 16.</note>: and of this ſect were alſo thoſe whom
they called <hi>Logiſtae,</hi> ſome of the which (<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="a" place="margin">Id. ibid. Sect. 13.</note>, ſaith mine Author) were purpoſely ap<g ref="char:EOLhyphen"/>pointed
to obſerve and enquire into the Acts of
the <hi>Senate,</hi> and to proceed againſt them when
their time was out, according as they ſaw occaſion:
which kinde of Overſeers had an eye alſo on the
<hi>Areopagites.</hi> And this is that which is obſerved
by <hi>Aeſchines</hi> the famous Orator, where ſpeaking
of the Fundamental conſtitutions of the Common-wealth,
he tells us, that it was ordained by the
<hi>Legiſlators,</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="b" place="margin">Aeſchin. in Orat. contra Dem<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſto. &amp; Cteſiphon.</note>, that
even the <hi>Senate</hi> of five hundred ſhould give up an
accompt of their miniſtration; and that the holy
Councel of the <hi>Areopagites</hi> ſhould be obnoxious
<pb n="122" facs="tcp:114881:70"/>
to the cenſure of the <hi>Logiſtae,</hi> for by that very name
he calls them. Of any accompt they were to give
to theſe <hi>Demarchi,</hi> or any thing they did <hi>de facto,</hi>
or might do <hi>de jure,</hi> with reference to the eaſe
and benefit of the common people, nothing but
ſile<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ce to be found in all Antiquity. And to ſay
truth, it was not neceſſary that any <hi>popular Ma<g ref="char:EOLhyphen"/>giſtrates</hi>
ſhould be made of purpoſe, to ſave the
people from the pride and tyrannie of the higher
Courts, which were accomptable to the people upon
all occaſions, and were to be accomptable to them
according to the fundamental inſtitution of the
Common-wealth. The State of <hi>Athens</hi> being one
of the abſoluteſt <hi>Democraties</hi> which was ever ex<g ref="char:EOLhyphen"/>tant,
and ſo accounted of by all who write of <hi>Po<g ref="char:EOLhyphen"/>liticks,</hi>
had little need or uſe of ſuch <hi>popular Ma<g ref="char:EOLhyphen"/>giſtrates</hi>
which <hi>Calvin</hi> fancieth in that place; which
may be ſerviceable to the people in an <hi>Ariſtocratie,</hi>
but in a <hi>popular eſtate</hi> of no uſe at all. Which makes
me wonder by the way, why <hi>Plato</hi> ſhould affirm a<g ref="char:EOLhyphen"/>gainſt
right &amp; reaſon, that the State of <hi>Athens</hi> in his
time and the times before (<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>)
was an <hi>Ariſtocratie</hi>
                  <note n="c" place="margin">Plato in Me<g ref="char:EOLhyphen"/>neximo.</note>: when by the current of all
writers and the courſe of ſtory, it app<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ars moſt
evidently that it was not only a <hi>Democratie,</hi> but
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="d" place="margin">Plutarch. in Cimone.</note>, the pureſt and moſt unmixt
<hi>Democratie</hi> that was ever read of.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VII"/> (7) Thus have we proved the firſt of the three
points propounded in the beginning of this work,
<hi>viz.</hi> that the <hi>Ephori,</hi> the <hi>Demarchi,</hi> and the <hi>Ro<g ref="char:EOLhyphen"/>man
<pb n="123" facs="tcp:114881:70"/>
Tribunes</hi> were not ordained at firſt for thoſe
ends and purpoſes which are ſuppoſed by the Au<g ref="char:EOLhyphen"/>thor:
but more particularly, that neither the <hi>Epho<g ref="char:EOLhyphen"/>ri</hi>
of <hi>Sparta</hi> were firſt inſtituted to oppoſe the
<hi>Kings,</hi> nor the <hi>Tribunes</hi> firſt ordained to oppoſe
the <hi>Conſuls,</hi> nor the <hi>Demarchi</hi> of authority to op<g ref="char:EOLhyphen"/>poſe
the <hi>Senate.</hi> And we have proved (which is
directly contrary unto <hi>Calvins</hi> aim) that the <hi>Ephori</hi>
were at firſt ordained to eaſe the <hi>Kings,</hi> and to be
aiding to them againſt the <hi>Senate,</hi> who began ſenſi<g ref="char:EOLhyphen"/>bly
to incroach on the <hi>Regal</hi> power: that the <hi>Tribunes</hi>
were firſt inſtituted to no other end but to pre<g ref="char:EOLhyphen"/>ſerve
the people from unjuſt oppreſſion, and that
their oppoſition to the <hi>Conſuls</hi> was accounted al<g ref="char:EOLhyphen"/>wayes
to be againſt the rules of their inſtitution,
and a breach of Articles: And as for theſe <hi>De<g ref="char:EOLhyphen"/>marchi</hi>
whom we ſpake of laſt, that neither by
their <hi>inſtitution</hi> nor by <hi>uſurpation,</hi> they did oppoſe
againſt the <hi>Senate</hi> in behalf of the people, but ex<g ref="char:EOLhyphen"/>ecuted
their commands upon the people, as their
duty bound them. So that the great imagination
which the Author had of ſhewing to the world
a view of ſuch <hi>popular Magiſtrates,</hi> as might in<g ref="char:EOLhyphen"/>courage
men of place and eminence to think them<g ref="char:EOLhyphen"/>ſelves
ordained after theſe examples to <hi>moderate
their licentiouſneſs of Kings</hi> and Princes; is fallen
directly to the ground without more ado, as be<g ref="char:EOLhyphen"/>ing
built upon a weak, nay a falſe foundation, not
able to ſupport the building. And more then ſo,
in caſe the inſtances propoſed had been rightly
choſen, and that the <hi>Ephori</hi> in <hi>Sparta</hi> had been
<pb n="124" facs="tcp:114881:71"/>
firſt ordained to oppoſe the <hi>Kings,</hi> the <hi>Tribunes</hi> to
oppoſe the <hi>Conſuls,</hi> and the <hi>Demarchi</hi> to keep
under the <hi>Athenian Senate:</hi> yet theſe would prove
but ſorry inſtances of ſuch <hi>popular Officers</hi> as were
ordained <hi>ad moderandum Regum libidinem,</hi> to mode<g ref="char:EOLhyphen"/>rate
the licentiouſneſs of <hi>Kings</hi> &amp; <hi>ſoveraign</hi> Princes,
for proof of which they were produced. The <hi>Epho<g ref="char:EOLhyphen"/>ri</hi>
were not inſtituted in the State of <hi>Sparta</hi> till the
<hi>Kings</hi> were brought under the command of the
<hi>Senate,</hi> and the State become an <hi>Ariſtocratie,</hi> in
which the <hi>Kings</hi> had very little left them of the
Royal dignity but the empty name, and were in
power no other then the Dukes of <hi>Venice;</hi> ſave
that they were to have the command of the Ar<g ref="char:EOLhyphen"/>mies,
which thoſe Dukes have not. And for the
<hi>Tribunes,</hi> 'tis well known to every one who hath
peruſed the <hi>Roman</hi> ſtory, that there were no ſuch
creatures to be found in <hi>Rome,</hi> till the <hi>Romans</hi> had
expu<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ſed their Kings, &amp; were under the command of
<hi>Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſuls;</hi> the <hi>Monarchie</hi> being changed to an <hi>Optima<g ref="char:EOLhyphen"/>tie,</hi>
and the people bound by ſolemn oaths never to
admit of a King amongſt them. The like may be
affirmed alſo of the <hi>Demarchi</hi> of <hi>Athens,</hi> ſuppo<g ref="char:EOLhyphen"/>ſing
that they were of as great authority, as either
the <hi>Ephori</hi> or the <hi>Tribunes;</hi> that they were inſti<g ref="char:EOLhyphen"/>tuted
in a time when the affairs of State were ma<g ref="char:EOLhyphen"/>naged
by nine <hi>Annual</hi> Magiſtrates, all of them
choſen by the people and accomptable to them.
In all theſe caſes, <hi>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>um non in regno populus eſſet
ſed in libertate</hi>
                  <note n="e" place="margin">Livie hiſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. lib. 2.</note>, when the people had ſued out
their <hi>Wardſhip,</hi> and thought themſelves to be at
<pb n="125" facs="tcp:114881:71"/>
                  <hi>liberty,</hi> freed from thoſe bonds which nature and
allegiance formerly had laid upon them: they did
no more then what a wiſe and underſtanding peo<g ref="char:EOLhyphen"/>ple
had good cauſe to do, in taking the beſt courſe
they could for their future ſafety. And in my
minde the people pleaded moſt unanſwerably
in their own behalf, when they alleadged, <hi>ſe
foris pro imperio &amp;</hi> libertate <hi>dimicantes,</hi> domi <hi>a
civibus captos &amp; oppreſſos</hi>
                  <note n="f" place="margin">Id. ibid.</note>, that fighting vali<g ref="char:EOLhyphen"/>antly
abroad both for their own liberty and their
Countries honor, againſt their <hi>Kings,</hi> they were
oppreſſed and wronged at home by their <hi>fellow Ci<g ref="char:EOLhyphen"/>tizens;</hi>
that their condition as things ſtood, was
better in times of war, then in times of peace; their
<hi>liberty</hi> never more aſſured then when they were
amongſt their <hi>Enemies:</hi> and therefore being no
otherwiſe bound to ſubmit themſelves to that change
of Government, then as it had been introduced
by their own conſent, they had all the reaſon in
the world to get as good terms as they could, and
be no loſers by the bargain. Which though it
were the caſe and plea particularly of the people
of <hi>Rome,</hi> might be uſed alſo very fitly by the
<hi>Spartans</hi> and <hi>Athenians</hi> on the ſelf ſame reaſons.
But this can no way be pretended or alleadged by
thoſe, who live in an eſtabliſhed and ſucceſſional
<hi>Monarchie,</hi> where there is one only to command in
chief, and nothing left to the Subject<note n="g" place="margin">Tacit. Annal.</note> 
                  <hi>praeter
obſequii gloriam,</hi> but the glory of obedience on<g ref="char:EOLhyphen"/>ly,
and the neceſſity of ſubmitting with a loyal
heart to thoſe commands and impoſitions which
<pb n="126" facs="tcp:114881:72"/>
may be <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>aid upon them with an unjuſt hand. So
that admitting it for true (as indeed it is not)
that the <hi>Ephori,</hi> the <hi>Demarchi,</hi> and the <hi>Tribunes</hi>
were ordained for the ends ſuppoſed; yet it can
follow by no rules of <hi>law</hi> or <hi>logick,</hi> that becauſe
ſuch <hi>popular Officers</hi> have been ſometimes inſtituted
to keep the ſcale upright and the balance even,
betwixt the <hi>Nobles</hi> and the <hi>People</hi> in an <hi>Aristocratie,</hi>
therefore the like are to be fancied in a ſetled
<hi>Monarchie,</hi> for <hi>moderating the licentiouſneſs,</hi> that
is to ſay, (for that no doubt muſt be his meaning)
for regulating the authority of the <hi>Soveraign</hi>
Prince.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VIII"/> (8) Thus have we ſeen a manifeſt diſcovery of
<hi>Calvins</hi> purpoſe for ſetting up ſome <hi>popular Offi<g ref="char:EOLhyphen"/>cers</hi>
in every Kingdom to regulate the authority
and reſtrain the power of <hi>Soveraign</hi> Princes; and
we may ſee a ſecret and more ſubtile danger inclu<g ref="char:EOLhyphen"/>ded
in that ſhort <hi>Parentheſis,</hi> then what is obvious
at firſt ſight to the unwary Reader. For by the
inſtances propoſed and preſented to us, it ſeems to
be his meaning, that theſe <hi>popular Officers</hi> ſhould
not h<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ve power only to reſtrain their Kings when
they tranſgreſs the bounds of law or equity, and
either tyrannically oppreſs the Subject, or wilfully
dilapidate the patrimony of the Common-wealth:
but that they ſhould ſet themſelves againſt them
and control their doings, in the ſame way &amp; after the
ſame manner, as the <hi>Ephori</hi> did the Kings of <hi>Sparta,</hi>
or the <hi>Tribunes</hi> did the <hi>Roman</hi> Conſuls. Now we
<pb n="127" facs="tcp:114881:72"/>
have ſhewn before out of ſeveral Authors<note n="h" place="margin">
                     <hi>Vide</hi> chap. 2.</note>, that
the <hi>Ephori</hi> did not only take upon them to ap<g ref="char:EOLhyphen"/>point
ſuch Privie Counſellors about their Kings
as to them ſeemed beſt, to limit and preſcribe
them in the choyce of their wives; to ſend them out
unto the wars and recall them home, as if they
had been hirelings only and of no more reckoning;
to put them upon fine and ranſome, if they did
any thing which was not pleaſing to theſe humo<g ref="char:EOLhyphen"/>rous
Gentlemen; to have them at command both
to come and goe as often as they whiſtled for them,
or held up a finger, and finally to look for lowly
reverence from them, whenſoever they vouchſafed
to ſummon them to attend their pleaſures: but
alſo to impriſon; next to baniſh, and in fine to
murder them. And we have ſhewed you of the
<hi>Tribunes</hi>
                  <note n="i" place="margin">
                     <hi>Vide</hi> chap. 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                  </note>, that after they had fortified them<g ref="char:EOLhyphen"/>ſelves
with large priviledges, and grew predominant
in the affections of the common people; they did
not only quarrel and oppoſe the <hi>Conſuls</hi> under
pretence of ſetting forth new laws for the peoples
benefit, nor were content to put the people into
the poſſeſſion of all the offices and honors of the
Common-wealth (which formerly belonged to
the Nobles only) whether the <hi>Conſuls</hi> would or not:
but ſometimes clapt them up in priſon, and ſome<g ref="char:EOLhyphen"/>times
forced them to flie the Senate-houſe for their
lives and ſafety, and ſometimes threw them down
headlong out of their Chairs of State, to the great
danger of their lives, and diſgrace of their perſons.
Princes ſhould be in worſe condition then their
<pb n="128" facs="tcp:114881:73"/>
meaneſt ſubjects, if they were under the command
of ſuch powerful maſters, who being exalted from
mean fortunes and ignoble families, little acquainted
with good manners, and leſs with any thing which
is brave and royal, would think themſelves unwor<g ref="char:EOLhyphen"/>thy
of ſo great an Office, ſhould they not Lord it
to the purpoſe, and exerciſe all kinde of tyrannie
on their captived Kings, which inſolence and ma<g ref="char:EOLhyphen"/>lice
could ſuggeſt unto them. If <hi>Jack</hi> be once in
<hi>office</hi> he muſt be a <hi>Gentleman;</hi> and gallop to the
Devil if he get on Horſe-back. <hi>Aſperius nihil eſt
humili cum ſurgit in altum,</hi> as the Poet hath it<note n="k" place="margin">Juvenal. S<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>i.</note>.
If once the bramble come to have Dominion over
the <hi>trees of the Forreſt,</hi> he will not only rob the
<hi>Olive</hi> of his <hi>fatneſs,</hi> the <hi>Vine</hi> of his rich <hi>Wines,</hi> and
the <hi>Fig-tree</hi> of his <hi>ſweetneſs,</hi> but alſo will <hi>devour
the Cedars</hi>
                  <note n="l" place="margin">Judg. <hi>c.</hi> 9.</note>, even <hi>the Cedars of Lebanon.</hi> No
King or other Supreme Magiſtrate ſhall dare to
ſtand before them; or if he do, a <hi>fire ſhall come
out of the Bramble,</hi> and conſume him utterly. Such
<hi>popular Officers</hi> as thoſe of whom <hi>Calvin</hi> ſpeaks,
are of ſuch credit and authority with the common
people (whoſe <hi>Officers</hi> they are in name, but in fact
their <hi>masters</hi>) that if they do but <hi>blow the Trum<g ref="char:EOLhyphen"/>pet,
and ſay, We have no part in</hi> David, <hi>nor no in<g ref="char:EOLhyphen"/>heritance</hi>
at all <hi>in the ſon of</hi> Jeſſe;<note n="m" place="margin">2 Sam. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>0.</note> 
                  <hi>every man
will unto his tents,</hi> and forſake the King or Su<g ref="char:EOLhyphen"/>preme
Magiſtrate to follow after them though
<hi>men of Belial.</hi> And this I do believe the rather
to be <hi>Calvins</hi> meaning, becauſe <hi>G. Buchannan</hi> who
built on his foundation, and purſued <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>is Principles,
<pb n="129" facs="tcp:114881:73"/>
doth not only exceedingly commend the act of
<hi>Theopompus,</hi> in ſetting up the <hi>Ephori</hi> in the State
of <hi>Sparta,</hi> and the Anſwer which he made his wife
when ſhe murmured at it: but thinks it very meet
and reaſonable that a free people (as all Subjects
are in his opinion) ſhould be armed with the like
authority <hi>in reprimenda tyrannidis acerbitate</hi>
                  <note n="n" place="margin">De jure regn<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap> apud Scotos.</note>, for
the ſuppreſſing of tyrannical Government (in
which themſelves muſt be Judges) which the <hi>Ephori</hi>
enjoyed at <hi>Sparta,</hi> and the <hi>Tribunes</hi> in the City of
<hi>Rome.</hi> For though he durſt not go ſo far <hi>in ter<g ref="char:EOLhyphen"/>minis,</hi>
as to adviſe the inſtituting of ſuch <hi>popular
Magiſtrates</hi> as <hi>Calvin</hi> ſpeaks of in this place; yet
he comes very neer it, to a <hi>tantamont.</hi> For that
which <hi>Calvin</hi> doth aſcribe to his <hi>popular Magiſtrates,
Buchannan</hi> gives to the whole body of the people
generally, to whom he doth allow as much au<g ref="char:EOLhyphen"/>thority
over the perſons of their Kings, <hi>Quod illi
in ſingulos è multitndine habent</hi>
                  <note n="o" place="margin">Id. ibid.</note>, as they have
over any one of the common people: and thinks it
both unreaſonable and abſurd that they ſhould not be
called to accompt before the <hi>ordinary Judges</hi> of
their ſeveral Kingdomes (which muſt ſupply the
place of theſe <hi>popular Magiſtrates</hi>) as often as any
of their ſubjects ſhall accuſe them, of murder, or
adultery, or neglects in government, or whatſoe<g ref="char:EOLhyphen"/>ver
elſe they ſhall charge them with; inſtancing
in no fewer then twelve Kings of <hi>Scotland,</hi> who
either were condemned to perpetual priſon, or
elſe by voluntary death or exile, <hi>Juſtas ſcele<g ref="char:EOLhyphen"/>rum
poenas <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ugerunt,</hi> eſcaped the puniſhment which
<pb n="130" facs="tcp:114881:74"/>
was moſt juſtly due unto them (as he moſt impu<g ref="char:EOLhyphen"/>dently
ſaith) for their wicked lives.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IX"/> (9) If any ask (as ſome juſtly may) what might
induce our Author to theſe different courſes, to la<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>
ſo ſure a ground-work for obedience in the firſt
part of his diſcourſe, and afterward to build upon
it ſuch a <hi>ſuperſtructure,</hi> as abſolutely pulls up his
own foundation: the anſwer is, that the man was
very much diſtracted between his reaſon and his
paſſion, his conſcience and his private intereſs. <hi>A<g ref="char:EOLhyphen"/>liud<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
cupido, mens aliud ſuadet.</hi> His reaſon and
his conſcience told him, that every ſubject was to
yeeld obedience to the authoritie and commands
of the <hi>Soveraign</hi> Prince; and that if any other
doctrine ſhould be plainly preached, it would con<g ref="char:EOLhyphen"/>duce
both to the ſcandal and the hinderance of the
<hi>Reformation.</hi> And his experience in the world
could not chooſe but tell him, that many of the
chief <hi>Reformers</hi> by their heat and violence had
given too great advantage to the publick Enemy;
and made the <hi>Proteſtant</hi> Religion to be much ſu<g ref="char:EOLhyphen"/>ſpected,
<hi>Nil aliud quaerere &amp; captare quam Sediti<g ref="char:EOLhyphen"/>onum
opportunitatem</hi>
                  <note n="p" place="margin">Calvin in E<g ref="char:EOLhyphen"/>piſtola Dedic. ad Franciſcum. l. 1536.</note>, for giving too much
ground to ſeditious courſes, and publiſhing ſome
doctrines which were inconſiſtent with the rules
of Government. This made him write ſo ſoundly
of the Subjects duty even to wicked Princes, and
the <hi>unlawfulneſs</hi> of <hi>reſiſting</hi> in the way of Arms,
though open force and violence were offered to
them by ungodly <hi>Tyrants:</hi> and this he doth ſo
<pb n="131" facs="tcp:114881:74"/>
well, that few do it better. <hi>Utinam ſic ſemper er<g ref="char:EOLhyphen"/>raſset
CALVINUS,</hi> as once the learned Cardinal
ſaid of him in another caſe. But then his <hi>intereſs</hi>
in the cauſe and quarrel of <hi>Geneva,</hi> who by the
help of ſome ſuch <hi>popular Officers</hi> as he ſpeaks of
here, had not long before expelled their Biſhop,
who had alſo all the juriſdiction of a temporal Prince
within the City and the territory which belonged
unto it, inclined him to ſay ſomewhat which might
ſerve to defend that action, and give the like ad<g ref="char:EOLhyphen"/>vantage
unto other Cities to follow the example
which was laid before them. The caſe is briefly
touched by <hi>Thuanus</hi> thus;<note n="q" place="margin">Thuan. Hiſt. ſui temp. l.</note> 
                  <hi>Jus</hi> Supremi Do<g ref="char:EOLhyphen"/>minii
<hi>in Civitatem Genevae Epiſcopos ſemper penes
ſe retinuiſſe, donec mutata religione,</hi> Syndici <hi>qui
ſub Epiſcopali autoritate</hi> libertatem <hi>antea tuebantur,
illud proprium ſibi fecere, &amp; ejectis</hi> Epiſcopis <hi>ſub
imperii patrocinio Rempub. adminiſtrabant.</hi> The
Soveraigntie (ſaith he) or <hi>Supreme</hi> Dominion over
the City of <hi>Geneva</hi> the <hi>Biſhops</hi> ſtill kept unto them<g ref="char:EOLhyphen"/>ſelves,
till in the alteration of <hi>Religion</hi> the <hi>Syn<g ref="char:EOLhyphen"/>di<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ks,</hi>
who before preſerved the <hi>libertie</hi> of the people
under the government of the <hi>Biſhops,</hi> aſſumed the
ſame unto themſelves, and abſolutely caſting out the
<hi>Biſhops</hi> governed it like a Common<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>wealth under
the patronage or protection of the <hi>German</hi> Em<g ref="char:EOLhyphen"/>perours.
In which it is firſt clear on the Biſhops
ſide, that they had <hi>jus Supremi Dominii,</hi> the Sove<g ref="char:EOLhyphen"/>raigntie
or Supreme Dominion of the City. And
ſo much is affirmed by <hi>Calvin,</hi> in another place,
<hi>Habebat jus gladii &amp; alias civilis juridictionis</hi>
                  <pb n="132" facs="tcp:114881:75"/>
                  <note n="r" place="margin">Calvin in Epi<g ref="char:EOLhyphen"/>ſtola ad Sadole<g ref="char:EOLhyphen"/>tum.</note>
                  <hi>partes</hi> He had, ſaith he, the power of the Sword,
and other parts of <hi>temporal</hi> juriſdiction; but as he
thinks (but fooliſhly and againſt all records) <hi>Ma<g ref="char:EOLhyphen"/>giſtrat<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>i
er<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ptas,</hi> either by fraud or force extorted
from the <hi>Civil Magiſtrate.</hi> Next it is clear, that
the Biſhops did continue the poſſeſſion of this <hi>Su<g ref="char:EOLhyphen"/>preme</hi>
Power, till <hi>Viret</hi> and <hi>Farellus,</hi> two zealous
Goſpellers, came to live amongſt them; who find<g ref="char:EOLhyphen"/>ing
that thoſe of <hi>Berne</hi> in the year 1528. had made
an al<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>eration of Religion, practiſed the like upon
the City of <hi>Geneva.</hi> Which not being likely to
effect with the Biſhops leave, and as little able to
effect againſt his liking, conſidering the great power
and ſway, which legally and properly was inhe<g ref="char:EOLhyphen"/>rent
in him: they ſet the <hi>Syndicks</hi> (whom they
had wrought upon before) to make head againſt
him; who by a popular tumult made him fl<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e the
City, which preſently they changed to a Com<g ref="char:EOLhyphen"/>mon-wealth,
after the manner of the <hi>Free</hi> or <hi>Im<g ref="char:EOLhyphen"/>perial</hi>
Cities. In which reſpect <hi>Calvin</hi> beſtows
upon <hi>Farellus</hi> the title of <hi>libertatis Patrem</hi>
                  <note n="s" place="margin">In Epiſtola ad Miniſt. Tigurin. 1553.</note>, the
Father of that common <hi>libertie,</hi> which by his means
the people of <hi>Geneva</hi> at that time enjoyed. As
for the <hi>Syndicks</hi> by whoſe power and countenance
they advanced the buſineſs, they were a kinde of
<hi>popular Officer,</hi> who had the care of looking to
the conſervation of the peoples <hi>liberties,</hi> as <hi>Thuanus</hi>
intimates; and were much uſed in many parts of
<hi>France</hi> and <hi>Italy,</hi> as <hi>Bodinus</hi> tells us<note n="t" place="margin">Bodin de Re<g ref="char:EOLhyphen"/>pub. lib. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. c. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</note>. Their Of<g ref="char:EOLhyphen"/>fice
did conſiſt of two ſpecial points: the one <hi>a
Magiſtratibus rationem repoſcere,</hi> to call the ordinary
<pb n="133" facs="tcp:114881:75"/>
                  <hi>Magiſtrates</hi> to an after reckoning,<note n="u" place="margin">Id. ibid.</note> if they did
any thing unworthy of their place and dignitie,
or to the hinderance and diſſervice of the Common-wealth;
which had ſomewhat in it of the <hi>Ephori</hi>
in the State of <hi>Sparta:</hi> the other was, <hi>proſpicere
ne tenuiores &amp; infimae ſortis homines a nobilibus,
uti fit, <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>premerentur,</hi> to have a care that the poor
people be not wronged or injured (as many times
it hapneth) by the power of the <hi>Nobles;</hi> which
was the main reaſon for the inſtitution of the <hi>Roman
Tribunes.</hi> In this regard the <hi>Civil</hi> laws interpret
<hi>Syndicu<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                  </hi> to be the ſame with <hi>defenſor Civitatis</hi>
                  <note n="y" place="margin">Calvin in Le<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                     <g ref="char:EOLhyphen"/>ico Jurid. verbo Syndicus.</note>,
the <hi>Conſervator</hi> of the liberties of a Town or City,
as full well they might: the Office being made
up (as it ſeems it was) of that of the <hi>Ephori</hi> and
the <hi>Tribunes</hi> mixt together. Now though this
change was made before <hi>Calvins</hi> coming to <hi>Ge<g ref="char:EOLhyphen"/>neva,</hi>
which was not till the year 1535, yet he
affirms it of himſelf that whatſoever had been done
in the alteration, <hi>ſuffragio meo comprobavi</hi>
                  <note n="z" place="margin">Calvin in E<g ref="char:EOLhyphen"/>piſtola ad Car<g ref="char:EOLhyphen"/>dinal. Sadolet.</note>, he
had confirmed and approved as a thing well done:
and therefore thought himſelf to be no leſs obliged
to defend the action, then if it had been done at
firſt by his own command. For doubtleſs that of
<hi>Tully</hi> is exceeding true, <hi>Nil refert utrum voluerim
fieri vel gaudeam factum</hi>
                  <note n="a" place="margin">Cicero in Phi<g ref="char:EOLhyphen"/>lip. 2.</note>: between the doing
of a foul and d<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ſloyal act, and the approbation
of it when it is done, is but little difference.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="X"/> (10) But to proceed; our Author being thus
made a party in the cauſe and quarrel of <hi>Geneva,</hi>
                  <pb n="134" facs="tcp:114881:76"/>
thought himſelf bound not only to juſtifie unto
others what himſelf approved; but alſo to lay down
ſuch grounds whereby the example might be fol<g ref="char:EOLhyphen"/>lowed,
and their diſlo<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>altie and rebellion the leſs
obſerved, becauſe they did not goe alone without
company. In which reſpect (and 'tis a thing to be
obſerved) although that Book of <hi>Institutions</hi> hath
been often printed, and received many alterations
and additions (as before was noted) yet this parti<g ref="char:EOLhyphen"/>cular
paſſage ſtill remains unal<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ered, and hath con<g ref="char:EOLhyphen"/>tinued
as it is from the firſt Edition, which was in
the year 1536. when the rebellion of <hi>Geneva</hi>
was yet freſh and talked of as an ill example. Nor
was the man deceived in his expectation; For as
he grew into eſteem and reputation in the world
abroad, ſo he attained at laſt to that power and
empire over the ſouls and conſciences of his
followers, that his errors were accounted <hi>Orthodox,</hi>
his defects perfections, and the revolt of the <hi>Gene<g ref="char:EOLhyphen"/>vians</hi>
from rheir natural Prince muſt by no means
be called <hi>Rebellion,</hi> becauſe projected and purſued
by ſuch <hi>popular Officers,</hi> to whom it appertained of
common courſe to regulate the authoritie of Kings
and Princes. And though he doth not ſay ex<g ref="char:EOLhyphen"/>preſsly
that there either are or ought to be ſuch
<hi>popular Officers</hi> in every Realm or Common-wealth,
but brings it in upon the by with his <hi>ifs</hi> and <hi>ands:</hi>
yet <hi>ifs</hi> and <hi>ands</hi> are not allowed of in the laws to
excuſe rebellions<note n="b" place="margin">
                     <hi>Bacons</hi> hiſtory of King <hi>Henry</hi> the ſeventh.</note>, and by the ſetting up of that
dangerous <hi>Si quis</hi> (<hi>ſi qui ſint populares Magiſtra<g ref="char:EOLhyphen"/>tus,</hi>
as his words there are) he ſeems to make a
<pb n="135" facs="tcp:114881:76"/>
                  <hi>Proclamation</hi> that where there were ſuch <hi>popular
Officers,</hi> it was their bounden duty to correct their
Princes after the manner of <hi>Geneva;</hi> where there
were none, the people were (God help them) in
an ill condition, unleſs ſome other means were
thought of, for their eaſe and remedie. Upon
which Principles of his, his followers raiſed ſuch
<hi>Poſitions,</hi> and purſued ſuch <hi>practiſes</hi> as have di<g ref="char:EOLhyphen"/>ſtracted
and embroyled the moſt parts of <hi>Europe,</hi>
and made it of a <hi>Garden</hi> to become a Wilderneſs.
For finding that they could not eaſily create ſuch
<hi>Popular Magiſtrates</hi> to lord it over Kings and
Princes who had not been accuſtomed to the like
controlments; they put that power of regulating
the Supreme Authoritie either upon the body of
the people generally, whereof you were told be<g ref="char:EOLhyphen"/>fore
from <hi>Buchannan,</hi> or upon ſuch to whom they
ſhould communicate or transfer their power, as
occaſion ſerved, whereof you may hear further
in that which followeth. And that not only in
the caſe of <hi>civil libertie,</hi> for which the examples
of the <hi>Ephori</hi> and the <hi>Roman Tribunes</hi> were at
firſt found out, and that of the <hi>Demarchi</hi> thruſt
upon the Readers for the like foul end; but
ſpecially in ſuch matters which concerned <hi>Religi<g ref="char:EOLhyphen"/>on,</hi>
wherein the extraordinary calling of ſome
men in the holy Scriptures muſt ſerve for Pre<g ref="char:EOLhyphen"/>cedents
and examples to confirm their <hi>practiſes.</hi>
From hence it was that <hi>Buchannan</hi> doth not only
ſubject his King unto the Ordinary Judges and
Courts of Juſtice as before was noted: but fearing
<pb n="136" facs="tcp:114881:77"/>
that Kings would be too potent to be ſo kept un<g ref="char:EOLhyphen"/>der,
adviſeth this, <hi>Eorum interfectoribus praemia
decerni</hi>
                  <note n="c" place="margin">Buchann. de jure Regni.</note>, that rewards ſhould publickly be decreed
for thoſe who kill a <hi>Tyrant</hi> (and Kings and Ty<g ref="char:EOLhyphen"/>rants
are the ſame as heretofore in the word and
notion, ſo now in the opinion of the <hi>Presbyterian</hi>
or <hi>Calvinian</hi> faction) as uſually are propoſed to thoſe
who kill Wolves, or Bears. From hence it was
that the inferiour or <hi>Subordinate Magiſtrate</hi> is ad<g ref="char:EOLhyphen"/>vanced
ſo high, as to be entituled to a power, <hi>ad<g ref="char:EOLhyphen"/>verſus
Superiorem Magistratum ſe, Rempub. &amp; Ec<g ref="char:EOLhyphen"/>cleſiam
etiam armis defendere</hi>
                  <note n="d" place="margin">Paraeus in Epiſtola ad Rom. cap. 13.</note>, of taking Arms
againſt the King or ſuperiour Magiſtrate, in de<g ref="char:EOLhyphen"/>fence
of himſelf, his Countrey and true Religion:
which though they are the words of <hi>Paraeus</hi> only,
yet they contain the minde and meaning of all the
reſt of that faction, as his ſon <hi>Philip</hi> doth de<g ref="char:EOLhyphen"/>monſtrate
<note n="e" place="margin">In Append. ad Cap. 13. E<g ref="char:EOLhyphen"/>piſt. ad Rom.</note>. Hence was it that <hi>John Knox,</hi> de<g ref="char:EOLhyphen"/>livered
for ſound <hi>Orthodox</hi> doctrine, <hi>Procerum
eſſe propria autorit<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>te</hi> Idololatrian <hi>tollere, &amp;</hi> Prin<g ref="char:EOLhyphen"/>cipes
<hi>intra legum reſcripta</hi> per vim <hi>reducere</hi>
                  <note n="f" place="margin">Camden. An<g ref="char:EOLhyphen"/>nal. Eliz. An. 1559.</note>,
that it belonged unto the <hi>Peers</hi> of each ſeveral
Kingdom to reform matters of the Church by their
own authoritie, and to confine their Kings and
Princes within the bounds preſcribed by law, even
by force of Arms. Hence that <hi>Geſelius</hi> one of the
<hi>Lecturers</hi> of <hi>Roterdam</hi> preached unto his people,
that if the Magiſtrates and Clergie did neglect
their duty in the reformation of Religion, <hi>neceſſe
eſt id facere pl<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>beios,</hi> that then it did belong to
the Common people<note n="g" place="margin">Neceſſaria Reſponſ.</note>, who were bound to have a
<pb n="137" facs="tcp:114881:77"/>
care thereof and proceed accordingly. And as for
points of <hi>practiſe,</hi> ſhould we look that way, what a
confuſion ſhould we finde in moſt parts of <hi>Europe,</hi>
occaſioned by no other ground then the enter<g ref="char:EOLhyphen"/>tainment
of theſe <hi>principles</hi> and the ſcattering of
theſe <hi>poſitions</hi> amongſt the people? Witneſs the
Civil wars of <hi>France</hi>
                  <note n="g" place="margin">Jean de Serres inventaire de Fr.</note>, the revolt of <hi>Holland</hi>
                  <note n="h" place="margin">Hiſtory of the <hi>Nether<g ref="char:EOLhyphen"/>lands.</hi>
                  </note>,
the expulſion of the Earl of <hi>Eaſt-Friezland</hi> out
the City of <hi>Embden</hi>
                  <note n="i" place="margin">Thuan h<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſt. l. 114.</note>, the inſurrections of the
<hi>Scots</hi>
                  <note n="k" place="margin">Camden. An<g ref="char:EOLhyphen"/>nal. An. 1559.</note>, the tumults of <hi>Bohemia</hi>
                  <note n="l" place="margin">Laurca Au<g ref="char:EOLhyphen"/>ſtriaca.</note>, the commoti<g ref="char:EOLhyphen"/>ons
of <hi>Brandenbourg</hi>
                  <note n="m" place="margin">Continuati. Thuan. hiſt l. 8.</note>, the tranſlation of the
Crown of <hi>Sweden</hi> from the King of <hi>Pole</hi> to
<hi>Charles</hi> Duke of <hi>Finland</hi>
                  <note n="n" place="margin">Thuan. hiſt. l. 8.</note> the change of Go<g ref="char:EOLhyphen"/>vernment
in <hi>England:</hi> all acted by the Presby<g ref="char:EOLhyphen"/>terian
or <hi>Calvinian</hi> partie in thoſe ſeveral States,
under pretence of <hi>Reformation</hi> and redreſs of
grievances.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XI"/> (11) And to ſay truth, ſuch is the <hi>Genius</hi> of
the ſect, that though they may admit an <hi>equal</hi>
(as <hi>paritie</hi> is the thing moſt aimed at by them both
in Church and State) yet they will hardly be
perſwaded to ſubmit themſelves to a <hi>Superiour;</hi>
to no Superiours more unwillingly then to <hi>Kings</hi>
and <hi>Princes:</hi> whoſe perſons they diſgrace, whoſe
power they ruinate, whoſe calling they indevour
to decry and blemiſh by all means imaginable.
Firſt for their <hi>calling,</hi> they ſay it is no other
then an <hi>humane Ordinance,</hi> and that the King is
but a creature of the peoples making; whom ha<g ref="char:EOLhyphen"/>ving
made, they may as eaſily deſtroy and un<g ref="char:EOLhyphen"/>make
<pb n="138" facs="tcp:114881:78"/>
make again. Which as it is the darling doctrine
of this preſent time, ſo is it very eagerly purſued
by <hi>Buchannan,</hi> who affirms expreſsly, <hi>Quicquid
juris populus alicui dederit, idem juſtis de cauſis
poſſe repoſcere</hi>
                  <note n="o" place="margin">Buchann. de <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ure Regni.</note>, that whatſoever power the peo<g ref="char:EOLhyphen"/>ple
give unto their King or Supreme Magiſtrate,
they may reſume again upon juſt occaſions. Their
<hi>power</hi> they make ſo ſmall and inconſiderable, that
they afford them very little even in matters <hi>tempo<g ref="char:EOLhyphen"/>ral,</hi>
and no authoritie at all in things <hi>ſpiritual.
CALVIN</hi> profeſſeth for himſelf, that he was very
much agrieved to hear that King <hi>Henry</hi> the eight,
had took unto himſelf the title of <hi>Supreme Head</hi> of
the Church of <hi>England,</hi> accuſeth them of incon<g ref="char:EOLhyphen"/>ſiderate
zeal, nay blaſphemie, who conferred it on
him; and though he be content at laſt to allow
Kings a <hi>Miniſterial</hi> power in matters which concern
the Reformation of Gods Publick Worſhip, yet he
condemns them as before of great inconſiderate<g ref="char:EOLhyphen"/>neſs,
<hi>Qui facerent eos nimis ſpirituales</hi>
                  <note n="p" place="margin">Calvin in A<g ref="char:EOLhyphen"/>mos cap. 7.</note>, who did
aſcribe unto them any great authoritie in <hi>ſpiritual</hi>
matters. The <hi>deſignation</hi> of all thoſe who bear
publick office in the Church, the <hi>calling</hi> of Coun<g ref="char:EOLhyphen"/>cels
or Aſſemblies, the <hi>Preſidencie</hi> in thoſe Councels,
<hi>ordaining</hi> publick Faſts, and appointing Feſtivals,
which anciently belonged unto <hi>Chriſtian</hi> Princes as
the chief branches of the <hi>Eccleſiaſtical</hi> Juriſdiction
which is veſted in them; are utterly denied to
Kings and Princes in their Books of <hi>Diſcipline.</hi> In
ſo much that when the Citizens of <hi>Embden</hi> did
expel their Earl, they did it chiefly for this reaſon,
<pb n="139" facs="tcp:114881:78"/>
                  <hi>Quod ſe negotiis Eccleſiaſticis &amp; Conſiſtorialibus
praeter jus &amp; aequitatem immiſceret</hi>
                  <note n="q" place="margin">Thuan. hiſt. l. 114.</note>, that he had
intermedled more then they thought fit in <hi>Eccleſi<g ref="char:EOLhyphen"/>aſtical</hi>
cauſes, and intrenched too much upon their
<hi>Conſistorie.</hi> As for their power in temporal or
civil cauſes, by that time <hi>Knoxes</hi> Peers and <hi>Bu<g ref="char:EOLhyphen"/>channans</hi>
Judges, <hi>Paraeus</hi> his <hi>inferior</hi> Magiſtrates,
and <hi>CALVINS popular</hi> Officers have performed
their parts, in keeping them within the compaſs of
the laws; arraigning them for their offences, if they
ſhould tranſgreſs; oppoſing them by force of arms,
if any thing be done unto the prejudice of the
Church or State; and finally in regulating their
authoritie, after the manner of the <hi>Spartan Ephori,</hi>
and the <hi>Roman Tribunes:</hi> all that is left will be by
much too little for a <hi>Roy d' Ivitot,</hi> or for <hi>a King of
Clouts,</hi> as we <hi>Engliſh</hi> phraſe it. Laſt of all, for their
perſons which God held ſo ſacred, that he gave it
for a law to his people <hi>Iſrael,</hi> not to ſpeak evill
of their <hi>Princes,</hi> ſaying, <hi>Thou ſhalt not ſpeak evil
of the Ruler of thy people;</hi> Let us but look upon
theſe men, and we ſhall finde the baſeſt attributes
too, good for the greateſt Kings. <hi>Calvin</hi> calls <hi>Mary</hi>
Queen of <hi>England</hi> by the name of <hi>Proſerpine</hi>
                  <note n="r" place="margin">Calvin in A<g ref="char:EOLhyphen"/>mos cap. 7.</note>,
and ſaith that ſhe did <hi>ſuperare omnes Diabolos,</hi> that
all the Devils of hell were not half ſo miſcheivous.
<hi>Beza</hi> affords Queen <hi>Mary</hi> of <hi>Scotland</hi> no better titles
then thoſe of <hi>Medea</hi> and <hi>Athaliah</hi>
                  <note n="s" place="margin">Beza in E<g ref="char:EOLhyphen"/>piſt. ad Jo.</note>; of which the
laſt was moſt infamous in <hi>divine;</hi> the other no leſs
ſcandalous in <hi>humane</hi> ſtories; the one a Sorcereſs
and a Witch, the other a Tyrant and uſurper. The
<pb n="140" facs="tcp:114881:79"/>
Author of the <hi>Altare Damaſcenum,</hi> whoſoever he
was, can fin<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e no better a tribute for King <hi>James</hi>
of moſt bleſſed memorie, then <hi>infenſiſsimus Evan<g ref="char:EOLhyphen"/>gelii
hoſtis</hi>
                  <note n="t" place="margin">Didoclavius in Epiſtola ad L<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ctor.</note>, the greateſt and deadly enemie of
the Goſpel of Chriſt. And Queen <hi>Elizabeth</hi> her
ſelf did not ſcape ſo clear, but that the zealous Bre<g ref="char:EOLhyphen"/>thren
were too bold ſometimes with her name and
honor, though ſome of them paid dearly for it, and
were hanged for their labour. How that ſeditious
<hi>Hugonot,</hi> the Author of the lewd and unworthy
<hi>Dialogue,</hi> entituled <hi>Euſebius Philadelphus,</hi> hath dealt
with three great Princes of the Houſe of <hi>France,</hi>
and what reproachful names he gives them, I had
rather you ſhould look for in the Author then ex<g ref="char:EOLhyphen"/>pect
from me; being loath to wade too far in theſe
dirtie pudoles; ſave that I ſhall be bold to adde
this general Character which <hi>Didoclavius</hi> gives to
all Kings in general; <hi>viz. Naturâ inſitum eſt in
<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>mnibus Regibus Christi odium,</hi> that all Kings natu<g ref="char:EOLhyphen"/>rally
hate <hi>Chriſt;</hi> which may ſerve for all. This
is enough to let us ſee, how irreconcileable an
hatred<g ref="char:punc">▪</g> theſe of the <hi>Calvinian</hi> faction bear againſt
Kings and Princes; how well they play the part of
the very <hi>Antichriſt</hi> in exalting themſelves <hi>againſt
whatſoever is called God;</hi> and that the ſpecial reaſon
why they affect ſo much to be called <hi>the Saints,</hi> is
out of a ſtrong probable hope to ſee the day in which
they <hi>ſhall binde Kings in chains, and all the Princes
of the earth in fetters of iron.</hi> Finally ſuch is their
diſaffection unto ſacred <hi>Monarchie,</hi> which they
have ſucked out of the grounds and principles here
<pb n="141" facs="tcp:114881:79"/>
laid down by <hi>Calvin,</hi> that we may juſtly ſay of
them what was moſt truly ſaid of the ancient <hi>Ro<g ref="char:EOLhyphen"/>mans,
quaſi nefas eſſet Regem aliquem prope eorum
terminos eſſe</hi>
                  <note n="u" place="margin">Juſtin. hiſt. l. 29.</note>, they have beſtirred themſelves ſo
bravely in defiance of the <hi>Regal</hi> Government, as
if they did account it an unpardonable ſin to ſuffer
any King, though moſt good and gracious, to border
near them. Which leſt they ſhould not be of power
to compaſs by their <hi>popular Magistrates,</hi> or by the
<hi>Judges,</hi> or the <hi>Peers,</hi> or the <hi>People</hi> ſeverally; which
make the <hi>main Battel</hi> for this combat: let us next
look on the <hi>Reſerve,</hi> and ſee what hopes they have to
effect the buſineſs by the <hi>three Eſtates</hi> conjoyned in
<hi>Parliament,</hi> (or by what other name ſoever we ſhall
call their meeting) which <hi>CALVIN</hi> in the laſt
place doth reflect upon, but cautiouſly with a <hi>qua
forte,</hi> or a <hi>peradventure,</hi> as in that before.</p>
            </div>
            <div n="5" type="chapter">
               <pb facs="tcp:114881:80"/>
               <pb n="143" facs="tcp:114881:80"/>
               <head>CHAP. V. What are the <hi>three Eſtates</hi> in each ſeverall
Kingdome, of which CALVIN ſpeaks,
and what particularly in the Realm of ENG<g ref="char:EOLhyphen"/>LAND.</head>
               <list>
                  <item>(I) Of the diviſion of a People into <hi>three
Eſtates;</hi> and that the <hi>Prieſts</hi> or <hi>Clergie</hi> have
been alwaies one.</item>
                  <item>(II) The <hi>Prieſts</hi> employed in <hi>Civill</hi> matters
and affairs of State, by the <hi>Egyptians</hi> and
the <hi>Perſians,</hi> the <hi>Greeks, Gaules,</hi> and <hi>Ro<g ref="char:EOLhyphen"/>mans.</hi>
                  </item>
                  <item>(III) The <hi>Prieſts</hi> and <hi>Levites</hi> exerciſed in af<g ref="char:EOLhyphen"/>affairs
of <hi>Civill</hi> Government by Gods own ap<g ref="char:EOLhyphen"/>pointment.</item>
                  <item>(IV) The <hi>Prelates</hi> verſed in Civill matters and
fairs of State, in the beſt and happieſt times of
<hi>Chriſtianity.</hi>
                  </item>
                  <item>(V) The <hi>Clergie</hi> make the <hi>third Eſtate</hi> in
<hi>Germany, France, Spain,</hi> and the Northern
Kingdomes.</item>
                  <item>(VI) That anciently in the <hi>Saxon</hi> times the
<hi>Eccleſiaſticks</hi> of this Realm were called to all
<hi>publick</hi> Councels.</item>
                  <pb n="144" facs="tcp:114881:81"/>
                  <item>(VII) The <hi>Prelates</hi> an eſſential fundamental
part of the <hi>Engliſh Parliament.</hi>
                  </item>
                  <item>(VIII) Objections anſwered, and that the word
<hi>Clerus</hi> in the <hi>Legal</hi> notion, doth not extend
unto the <hi>Prelates.</hi>
                  </item>
                  <item>(IX) That the inferior <hi>Clergie</hi> of the Realm
of <hi>England</hi> had anciently their votes in <hi>Par<g ref="char:EOLhyphen"/>liament,</hi>
to all intents and purpoſes as the Com<g ref="char:EOLhyphen"/>mons
had.</item>
                  <item>(X) Objections anſwered; and that the calling of
the <hi>Clergie</hi> to <hi>Parliaments</hi> and <hi>Convocati<g ref="char:EOLhyphen"/>ons,</hi>
were after different manners, and by ſeve<g ref="char:EOLhyphen"/>ral
writs.</item>
                  <item>(XI) The great <hi>disfranchiſement</hi> and ſlavery
obtruded on the <hi>Engliſh Clergie,</hi> by the Idepri<g ref="char:EOLhyphen"/>ving
of the <hi>Biſhops</hi> of their <hi>Votes</hi> in <hi>Parlia<g ref="char:EOLhyphen"/>ment.</hi>
                  </item>
                  <item>(XII) A brief diſcuſsion of the queſtion, whe<g ref="char:EOLhyphen"/>ther
any two of the <hi>three Eſtates</hi> conſpiring
or agreeing together, can conclude any thing
unto the prejudice of the third.</item>
               </list>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="I"/> BUt firſt before we fall on the point it ſelf,
and ſearch into the power aſcribed by <hi>Cal<g ref="char:EOLhyphen"/>vin</hi>
to the <hi>three Estates</hi> of every Kingdome, we
muſt firſt ſee what kinde of men they are, and
of what condition, who conſtitute the ſaid <hi>Eſtates:</hi>
which being fi<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ſt ſetled and determined, we ſhall
the better be inabled to proceed accordingly in
the inquiry after that authority which our Author
<pb n="145" facs="tcp:114881:81"/>
gives them of regulating the proceedings of the
ſoveraign Prince, and putting a reſtraint on the
exorbitant power of Kings. In which we ſhall
preſume for granted what our Author gives us,
<hi>viz. tres Ordines in ſingulis Regnis,</hi> that in each
ſeveral Kingdome there are <hi>three Eſtates;</hi> and
thoſe three we ſhall prove to be (though our
Author is no otherwiſe to be underſtood) the
<hi>Clergy,</hi> the <hi>Nobility,</hi> and the <hi>Common people:</hi> which
diſtribution of the Subject into <hi>three Eſtates</hi> as
'tis very ancient, ſo was the diſtribution of them
into <hi>three,</hi> neither more nor leſs, founded on good
prudential motives and grounds of <hi>Polity.</hi> For as
judicious <hi>Bodin</hi> very well obſerveth, ſhould there
be only two <hi>Eſtates,</hi> and no more then ſo, either
upon ſuch differences as might riſe between them
the one ſide would be apt to compell the other
by force of violence; or elſe, <hi>aequatis Ordinum
ſuffragiis</hi>
                  <note n="a" place="margin">Bodin de Repub. l. 3. cap. u<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>t.</note>, the ballance being even between them,
their meetings would be many times diſſolved
without producing any notable effect to the bene<g ref="char:EOLhyphen"/>fit
of the <hi>Common-wealth.</hi> In which reſpect the
counterpoiſe or addition of a third <hi>Eſta<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e</hi> was ex<g ref="char:EOLhyphen"/>ceeding
neceſſary, <hi>ut alterutri ſeſe adjungens u<g ref="char:EOLhyphen"/>trum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
conciliet,</hi> that joyning unto either of the
other two, it might unite them both into one
opinion, and advance the ſervice of the publick.
And on the other ſide were there more then three,
<hi>opinionum multitudo,</hi> the difference of opinions,
and pretence of intereſſes, would keep them at
perpetual diſtance, and hinder them from pitching
<pb n="146" facs="tcp:114881:82"/>
upon any point, in which all their purpoſes and
aims were to be <hi>concentred.</hi> So that the caſting
of the body of a people into <hi>three Eſtates,</hi> ſeems
moſt convenient for the furtherance of the pub<g ref="char:EOLhyphen"/>lick
ſervice: and of thoſe three <hi>three Eſtates</hi> the
<hi>Prieſts</hi> (or <hi>Clergy,</hi> as we call them ſince the times
of <hi>CHRIST</hi>) have generally been accounted
one. For though <hi>Hippodamus</hi> (whom <hi>Ariſtotle</hi>
juſtly taxeth for defects<note n="b" place="margin">Ariſtot. Po<g ref="char:EOLhyphen"/>litic. l.</note> in <hi>Politic</hi>) ordained his
<hi>three Eſtates</hi> to be the <hi>Souldiery,</hi> the <hi>Handicrafts<g ref="char:EOLhyphen"/>man,</hi>
and the <hi>Husbandman:</hi> yet wiſer Statiſts
ſaw no reaſon that the two laſt ſhould paſſe for
ſeverall <hi>eſtates</hi> or ranks of men, being that both
might be more fitly comprehended under the name
and rank of the common people. And therefore
the <hi>Egyptians</hi> did divide the people into theſe
three ranks, the <hi>Prieſt,</hi> which is reſpondent to the
Chriſtian <hi>Clergy;</hi> the <hi>Souldier,</hi> who carrieth moſt
reſemblance to the State of <hi>Nebles;</hi> and thoſe
which lived by trades and labours, whom by one
generall name they called <hi>Operarii</hi>
                  <note n="c" place="margin">Diodor. Sicu<g ref="char:EOLhyphen"/>lus.</note>, as we now
the <hi>Commons:</hi> which courſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap> we finde to be ob<g ref="char:EOLhyphen"/>ſerved
alſo by the ancient <hi>Gaules</hi> dividing their
whole body into theſe three <hi>orders,</hi>
                  <note n="d" place="margin">Caeſar. de Bel <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>o Gallico. l. 6.</note> the <hi>Drui<g ref="char:EOLhyphen"/>des,</hi>
who had the charge of matters which con<g ref="char:EOLhyphen"/>cerned
<hi>Religion;</hi> the <hi>Equites</hi> who managed the
affairs of war; and then the <hi>Plebs,</hi> or common peo<g ref="char:EOLhyphen"/>ple,
who were ſubordinate to the other two, and
directed by them. How this diviſion hath ſuccee<g ref="char:EOLhyphen"/>ded
in the States of Chriſtendom we ſhall ſee here<g ref="char:EOLhyphen"/>after.</p>
               <p>
                  <pb n="147" facs="tcp:114881:82"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="II"/>(2) In the mean time we may take notice that
the <hi>Prieſts</hi> of <hi>Egypt,</hi> the <hi>Druides</hi> of <hi>Gaul,</hi> and
thoſe who had the ordering of thoſe ſervices
which concerned the gods, by whatſoever name
or title they were known and called in other
Countreys, were not ſo tied unto the <hi>Altars,</hi> and
other <hi>miniſterial</hi> Offices which concerned the
gods, as not to have ſome ſpecial influence in or<g ref="char:EOLhyphen"/>dering
the affairs of the Common-wealth. The
<hi>Prieſts</hi> of <hi>Egypt,</hi> as we read in <hi>Aelian</hi> (an Au<g ref="char:EOLhyphen"/>thor
of unqueſtioned credit) poſſeſſed the higheſt
ſeats of <hi>judicature,</hi> and were the only Judges
which that people had: <hi>Judices apud</hi> Egyptios
<hi>iidem qu<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ndam fuerunt qui &amp; ſacerdotes,</hi>
                  <note n="e" place="margin">Aelian in Va<g ref="char:EOLhyphen"/>ria hiſtor. l. 14. c. 34.</note> as
that Author hath it. And ſo much is aſſured us
by <hi>Syneſius</hi> alſo a Chriſtian Biſhop of the Eaſt<note n="f" place="margin">Syn<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſius Ep. 57.</note>,
where he reſembleth them in this particular to
the Prieſts of <hi>Judah.</hi> The like we finde in <hi>Aga<g ref="char:EOLhyphen"/>thias</hi>
of the <hi>Prieſts</hi> of <hi>Perſia,</hi> men better known
in ancient Writers by the name of <hi>Magi:</hi> of
whom he telleth us, <hi>eorum conſilio publica omnia
adminiſtrari,</hi> &amp;c.<note n="g" place="margin">Agathias in hiſt. Perfic. l. 2.</note> that by their counſell and
advice the principal affairs of the State were or<g ref="char:EOLhyphen"/>dered,
rewards proportioned and conferred upon
well-deſervers, and ſeveral puniſhments inflicted
on the <hi>Malefactors,</hi> according to the quality of
the miſdemeanor; and finally that nothing was
conceived to be rightly done, <hi>quod</hi> Magorum <hi>ſen<g ref="char:EOLhyphen"/>tentia
non ſit confirmatum,</hi> which had not paſſed
the approbation of theſe <hi>Prieſts</hi> or <hi>Magi.</hi> If we
<pb n="148" facs="tcp:114881:83"/>
draw nearer towards the Weſt, and look into the
Government of the State of <hi>Athens,</hi> we ſhall finde
the chief authority thereof to conſiſt in the <hi>Se<g ref="char:EOLhyphen"/>nate</hi>
of 500, and in the famous Court of the
<hi>Areopagites,</hi> as was no<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ed in the <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ormer Chap<g ref="char:EOLhyphen"/>ter:
in which the <hi>Prieſts,</hi> or at the leaſt the
pri<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>cipal of that rank or order had both place and
ſuffrage. For in that honour<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ry Edict which they
made in favour of <hi>Hyrcanus,</hi> we may clearly ſee
that <hi>Dionyſius</hi> the ſon of <hi>Aſclepiades</hi> was one of
the <hi>Prieſts,</hi> and alſo one of the <hi>Prytanaei</hi>
                  <note n="h" place="margin">Joſeph. Ju<g ref="char:EOLhyphen"/>daic. Antiqu. l. 14. c. 16.</note>, or
<hi>Preſidents</hi> of the Councell, as we call them now;
and that in calculating of the voices, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<hi>Dorotheus</hi> the chief <hi>Prieſt</hi> had the
greateſt ſtroke, and pronounced the Edict to be
paſſed. And for the Court of <hi>Areopagites,</hi> it
conſiſted as before we told you of ſuch and ſuch
alone as formerly had bore the Office of the nine
<hi>Annual Magiſtrates,</hi> whereof the <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or <hi>Rex
Sacrorum,</hi> (whom we may Engliſh the chief Bi<g ref="char:EOLhyphen"/>ſhop)
had the ſecond place<note n="i" place="margin">Suidas in verbo <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>.</note>. And this appears
yet further by a paſſage in the life of <hi>Pericles,</hi>
where we are told of his deſign for the abaſing
of the power of the <hi>Areopagites,</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="k" place="margin">Plutarch in Pericle.</note>,
of which Court he was not any Member, as the
Author tels us, in that he had never borne the
Office either of the <hi>Provoſt,</hi> or the <hi>King,</hi> or the
<hi>Polemarchus,</hi> or any of the ſix <hi>chief Juſtices.</hi> So
that the <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, the <hi>Rex Sacrorum,</hi> or chief Bi<g ref="char:EOLhyphen"/>ſhop
being of courſe to be admitted into the
Court or Councel of the <hi>Areopagites</hi> when his
<pb n="149" facs="tcp:114881:83"/>
year was ended, it cannot be, but that there muſt
be many of them in that famous <hi>Seſsion;</hi> an equall
number at the leaſt, with thoſe who had been
<hi>Polemarchi,</hi> or the yearly <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>. Add here, that
we are told by <hi>Julius Pollux</hi> in his <hi>Onomaſticon</hi>
                  <note n="l" place="margin">Lib 8. cap. 8. ſect. 3.</note>,
that it pertained to this <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or <hi>Rex Sacrorum,</hi>
beſides the ſervice of the Gods, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
to endite thoſe before the Court
who were guilty of murther; but then withall,
that having put in the enditement, and laid by
his Crown, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, he ſate upon the Bench
with the other Judges and paſſed ſentence on
them. Thus was it with the <hi>Druides</hi> or the Prieſts
of <hi>Gallia,</hi> who did not only take the charge of
all ſacred matters which did relate unto the ſer<g ref="char:EOLhyphen"/>vice
of the gods, but <hi>de omnibus fere controver<g ref="char:EOLhyphen"/>ſiis
publicis privatiſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
                  </hi>
                  <note n="m" place="margin">Caeſar de Bello Gallico l. 6.</note>, they did determine in
almoſt all <hi>ſuits</hi> and <hi>controverſies,</hi> as well publick
as private; particularly in matters of inheritance,
reall actions, capitall crimes, as murther and the
like offences; and alſo had a power to decree both
rewards and puniſhments as they ſaw occaſion.
And for the better diſpatch of buſineſs both for
their own eaſe and the peoples too, they choſe
ſome certain times or <hi>Terms</hi> in which they met
together not far from <hi>Chartres</hi> (being in the mid<g ref="char:EOLhyphen"/>dle
of the Countrey) whither all ſorts of people
who had ſuits and differences did repair unto them,
<hi>eorum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> judiciis &amp; decretis parebant,</hi> and to their
Judgements and Decrees did ſubmit themſelves.
And thus it alſo was with the <hi>P<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>tifices</hi> or Prieſts
<pb n="150" facs="tcp:114881:84"/>
of <hi>Rome</hi> who had not only a chief place in the
holy Myſteries, ſuch as concerned the publick wor<g ref="char:EOLhyphen"/>ſhip
of their gods; but alſo a great power and ſway,
in the greateſt and moſt important buſineſſes
which concerned the State: which <hi>Tully</hi> makes
one of thoſe <hi>Conſtitutions</hi> or Arts of Govern<g ref="char:EOLhyphen"/>ment,
which ſeemed to have been deviſed by the
gods themſelves.<note n="n" place="margin">Cicero in O<g ref="char:EOLhyphen"/>rat. pro Domo <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ua.</note> 
                  <hi>Cum multa divinitus a ma<g ref="char:EOLhyphen"/>joribus
noſtris inventa at<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> inſtituta ſunt, tum ni<g ref="char:EOLhyphen"/>hil
praeclarius quam quod Pontifices coſdem &amp; Re<g ref="char:EOLhyphen"/>ligionibus
Deorum immortalium &amp; ſummae reipub.
prae<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſſe voluerunt.</hi> And as the principal <hi>Prieſts</hi>
in <hi>Athens</hi> had their place and Vote not only in
the Court of <hi>Areopagites,</hi> but in the <hi>Senate</hi> of
five hundred as before was noted: ſo ſome of
the more eminent ſort of <hi>Prieſts</hi> had the like pre<g ref="char:EOLhyphen"/>heminence,
of ſitting and voting in the <hi>Roman
Senate,</hi> which was as high an honour as that State
could give them. For beſides that <hi>Roſinus</hi> hath
obſerved that ſome of the <hi>Prieſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>s</hi> were choſen out
of the number of the <hi>Senators</hi>
                  <note n="o" place="margin">Roſin. An<g ref="char:EOLhyphen"/>tiqu. Rom.</note>, who doubtleſs
did not loſe the right of ſuffrage which before
they had; there is a memorable caſe in <hi>Livie</hi>
touching <hi>C. Flaccus:</hi> who was no ſooner choſen the
<hi>Flamen Dialis,</hi> or P<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ieſt of <hi>Jupiter,</hi> but preſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>nt<g ref="char:EOLhyphen"/>ly
he put in his title to a place in <hi>Senate,</hi> which
anciently belonged unto his predeceſſors in the
right of their Office, though of late years it
ſeemed to have been for<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>eited by <hi>diſcontinuance,</hi>
The iſſue of which plea was this, that though <hi>Li<g ref="char:EOLhyphen"/>cinius</hi>
the <hi>Pretor</hi> did the beſt he could to croſſe
<pb n="151" facs="tcp:114881:84"/>
the buſineſs, alleadging, <hi>Non exoletis vetuſtate
Annalium exemplis ſtare jus</hi>
                  <note n="p" place="margin">Livie hiſt. Rom. lib. 26.</note>, that they were not
to be guided in the caſe by worm eaten <hi>Precedents,</hi>
but by the late practiſe of the Sta<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e; yet it was
otherwiſe determined by the Fathers generally, and
<hi>Flaccus</hi> ſetled in his place in the <hi>Roman<g ref="char:punc">▪</g>
                  </hi> Senate,
<hi>Magno aſſenſu Patrum Plebiſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
                  </hi> with the joynt con<g ref="char:EOLhyphen"/>ſent
of all the people. But what need theſe par<g ref="char:EOLhyphen"/>ticulars
have been brought to confirm this point,
when as it affirmed in generals by <hi>Syneſius,</hi> a
right godly Biſhop of the Primitive times? <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="q" place="margin">Syneſ. Epiſt. 57.</note>, that in old
times the ſame men were both <hi>Prieſts</hi> and <hi>Judges.</hi>
Which ſaid, he inſtanceth in the particulars of the
<hi>Jews</hi> and <hi>Egyptians</hi> who for long time <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
had been chiefly governed by their
<hi>Prieſts.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="III"/> (3) This brings me on to the power and pra<g ref="char:EOLhyphen"/>ctiſe
of the <hi>Priests</hi> in the land of <hi>Judah,</hi> who from
the very firſt beginning of that State and Nation
to the final diſſolution of it, were of great au<g ref="char:EOLhyphen"/>thoritie;
not only in compoſing of inferiour <hi>dif<g ref="char:EOLhyphen"/>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>erences</hi>
which caſually did ariſe amongſt the
people, but in the managerie of the chief affairs
both of State and Government: and that not
gained by <hi>connivence</hi> of Princes, or by <hi>entrench<g ref="char:EOLhyphen"/>ing</hi>
on the rights of the <hi>ſecular</hi> powers, but by
the <hi>institution</hi> and appointment of the <hi>Lord</hi> him<g ref="char:EOLhyphen"/>ſelf.
When <hi>Moſes</hi> firſt complained that the ſole
Government of the people was a burden too heavie
<pb n="152" facs="tcp:114881:85"/>
for him to bear, it pleaſed God to appoint a
ſtanding Conſiſtory of<note n="r" place="margin">Numb. 11. v. 16.</note> 
                  <hi>Seventie Elders,</hi> men
of abilitie and wiſdom, who were to have a ſhare
in the publick Government, and to decide amongſt
themſelves ſuch weightie buſineſſes, <hi>great mat<g ref="char:EOLhyphen"/>ters</hi>
                  <note n="s" place="margin">Exod. 18. v. 22.</note>, as the Scripture calls them, which were
reſerved to <hi>Moſes</hi> by a former <hi>Ordinance.</hi> Of
theſe, the <hi>Priests,</hi> as men who for the moſt part
were at better leiſure then the reſt to attend the
ſervice, and generally of more abilities to goe
through with it, made alwayes a conſiderable
number, and many times the major part. In
which reſpect it was ordained by the Lord, when
a <hi>matter did ariſe</hi> to be ſcanned <hi>in judgement</hi>
between <hi>bloud and bloud, between plea and plea,
and ſtroke and ſtroke, being matters of controver<g ref="char:EOLhyphen"/>ſie
within their gates,</hi> the people ſhould <hi>ariſe
and</hi> goe <hi>unto the place which the Lord ſhould
chooſe, and come unto the</hi> Prieſts, <hi>the</hi> Levites, <hi>and
unto the</hi> Judge <hi>that ſhall be in thoſe days,</hi> and enquire
and they ſhall ſhew them the ſentence of judge<g ref="char:EOLhyphen"/>ment
<note n="t" place="margin">Deut. c. 17. v. 8, 9.</note>. The like is alſo ordered in the caſe of <hi>falſe
wit<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>eſſes,</hi> where it is ſaid, that <hi>If a falſe witneſs
riſe up againſt any man to teſtifie againſt him that
which is wrong; then both the men between whom
the controverſie is ſhall ſtand before the LORD,
before the</hi> Prieſts <hi>and</hi> Judges <hi>which ſhall be in
thoſe dayes</hi>
                  <note n="u" place="margin">Deut. 19. v. 17.</note>. Which paſſages are not under<g ref="char:EOLhyphen"/>ſtood
of any particular <hi>Prieſts</hi> or <hi>Judges,</hi> diſ<g ref="char:EOLhyphen"/>perſed
in their ſeveral dwellings up and down the
Countrey; but of the <hi>Prieſts</hi> and other <hi>Judges</hi>
                  <pb n="153" facs="tcp:114881:85"/>
united and aſſembled in that famous Conſiſtorie of
the 70 Elders, conveened together in that <hi>place
which the Lord ſhould chooſe;</hi> called by the <hi>Jews</hi>
the <hi>Sanhedrim,</hi> by the <hi>Greeks</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and was
the great <hi>Councel of eſtate</hi> for the <hi>Jewiſh</hi> Na<g ref="char:EOLhyphen"/>tion.
To this <hi>Joſephus</hi> doth atteſt, where he in<g ref="char:EOLhyphen"/>formeth
us <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="x" place="margin">Joſeph. adv. App<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>on. lib. 2.</note>, that the <hi>Prieſts</hi> of <hi>Jewrie</hi> had the
cogn<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>zarce of all doubtful matters; more plainly
<hi>Philo,</hi> who knew well the cuſtoms of his native
Countrey, where he affirms expreſsly and <hi>in termi<g ref="char:EOLhyphen"/>nis;</hi>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="y" place="margin">Philo de vita Meſis.</note>, that the <hi>Prieſts</hi> had place
and ſuffrage in this great <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or Court of
<hi>Sanhedrim.</hi> And this is that which <hi>Caſaubon</hi>
doth alſo tell us from the moſt learned and ex<g ref="char:EOLhyphen"/>pert
of the <hi>Jewiſh Rabbins, Non niſi nobiliſsimos <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e</hi>
ſacerdotibus, Levitis, <hi>caetero<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> populo, &amp; in lege
peritiſsimos in</hi> Sanhedrim <hi>eligi</hi>
                  <note n="z" place="margin">Caſaub Ex<g ref="char:EOLhyphen"/>ercit. in Baron. 1. Sect 3.</note>, that is to ſay,
that none but the moſt eminent of the <hi>Prieſts,</hi> the
<hi>Levites</hi> and the reſt of the people, and ſuch as were
moſt converſant in the Book of the Law, were to be
choſen into the <hi>Sanhedrim.</hi> But to return again
to the Book of God, the power and reputation
of this Court and Conſiſtorie having been much
diminiſhed in the times of the Kings of <hi>Judah,</hi>
was again revived by <hi>Jehoſophat.</hi> Of whom we
read, that he not only did appoint <hi>Judges in the
la<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>d throughout all the fenced Cities of IVDAH</hi>
                  <note n="a" place="margin">2 Chron. 19. 5.</note>:
but that he eſtabliſhed at <hi>HIERVSALEM</hi> a ſtand<g ref="char:EOLhyphen"/>ing
Councel, conſiſting of <hi>the Levites and of the
Prieſts, and of the chief of the Fathers of ISRAEL,
<pb n="194" facs="tcp:114881:86"/>
for the judgements of the Lord and for controver<g ref="char:EOLhyphen"/>ſies</hi>
                  <note n="b" place="margin">Ibid. r. 8.</note>: according to the model formerly laid by God
himſelf in the Book of <hi>Deuteronomie.</hi> Which Court
or Councel thus revived continued in full force, au<g ref="char:EOLhyphen"/>thoritie
and power, during the time of the cap<g ref="char:EOLhyphen"/>tivitie
of <hi>Babylon;</hi> as appears plainly by that
paſſage in the propheſie of <hi>Ezekiel,</hi> where it is
ſaid of the <hi>Prieſts</hi> even by God himſelf, <hi>in con<g ref="char:EOLhyphen"/>troverſie
they ſhall ſtand in judgement</hi>
                  <note n="c" place="margin">Ezeck<g ref="char:punc">▪</g> 44. v<g ref="char:punc">▪</g> 
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>24.</note>; com<g ref="char:EOLhyphen"/>pared
with another place of the ſame Prophet,
where he makes mention of the <hi>Seventie, of the
Antients of the houſe of ISRAEL</hi>
                  <note n="d" place="margin">Id. c. 8. v. 11.</note>, and <hi>Jaaza<g ref="char:EOLhyphen"/>niah
the ſon of</hi> Shaphan <hi>ſtanding in the midſt,</hi>
as Prince of the Senate. And after their return
from that houſe of bondage, they were confirmed
in this authoritie by the Edict and Decree of
<hi>Artaxerxes,</hi> who gave Commiſſion unto <hi>EZRA</hi>
to <hi>ſet Magiſtrates and Judges</hi>
                  <note n="e" place="margin">Ezra c. 7. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 25.</note> over the people;
not after a new way of his own deviſing, but
<hi>after the wiſdom of his God</hi>
                  <note n="e" place="margin">Ezra c. 7. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 25.</note>, declared in the
foregoing Ages by his ſervant <hi>Moſes.</hi> In which
eſtate they ſtood all the times ſucceeding, until
the final diſſolution of that State and Nation:
with this addition to the power of the holy
<hi>Prieſthood,</hi> that they had not only all that while
their place and ſuffrage in the Court of <hi>Sanhe<g ref="char:EOLhyphen"/>drim,</hi>
as will appear to any one who hath either
read <hi>Joſephus</hi> or the four <hi>Evangeliſts;</hi> but for
a great part of that time, till the reign of <hi>Herod,</hi>
the Supreme Government of the State was in
the hands of the <hi>Prieſts.</hi> In which regard, be<g ref="char:EOLhyphen"/>ſides
<pb n="195" facs="tcp:114881:86"/>
what was affirmed from <hi>Syneſius</hi> formerly,
it is ſaid by <hi>Juſtin, Morem eſſe apud</hi> Judaeos <hi>ut
eoſdem</hi> Reges <hi>&amp;</hi> ſacerdotes <hi>haberent,</hi> that it was
the cuſtom of the <hi>Jews</hi> for the ſame men to be
<hi>Kings</hi> and <hi>Priests</hi>
                  <note n="f" place="margin">Juſtin. hiſt. l. 36.</note>: and <hi>Tacitus</hi> gives this ge<g ref="char:EOLhyphen"/>neral
note, <hi>Judaeis</hi> Sacerdotii <hi>honorem firmamen<g ref="char:EOLhyphen"/>tum
potentiae eſſe,</hi> that the honour given unto the
<hi>Prieſthood</hi> amongſt the <hi>Jews,</hi> did moſt eſpecially
conduce to the eſtabliſhment of their power and
Empire<note n="g" place="margin">Tacit. hiſt. l 3.</note>. And yet I cannot yeeld to <hi>Baronius</hi>
neither, where he affirms (the better to eſtabliſh
a Supremacie in the <hi>Popes</hi> of <hi>Rome</hi>) <hi>Summum
Pont. arbitrio ſuo moderari magnum illud Concili<g ref="char:EOLhyphen"/>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>m,
&amp;c.</hi>
                  <note n="h" place="margin">Baron. Annal. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>n. 57.</note>, that the <hi>high Priest</hi> was alwayes
<hi>Preſident of the Councel</hi> or Court of <hi>Sanhedrim:</hi>
it being generally declared in the <hi>Jewiſh</hi> Writers,
that the <hi>High Prieſt</hi> could challenge no place at
all therein, in regard of his office and deſcent,
but meerly in reſpect of ſuch perſonal abilities as
made himſelf to undergo ſuch a weightie burden;
for which ſee <hi>Phagius</hi> in his notes on the 16. of
<hi>Deuteronomie.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IV"/> (4) Thus have we ſeen of what authoritie and
power the <hi>Prieſts</hi> were formerly as well amongſt
the <hi>Jews</hi> as amongſt the <hi>Gentiles;</hi> we muſt next
ſee whether they have not been employed in the
like affairs, under the Goſpel of <hi>Chriſt,</hi> and that
too in the beſt and happieſt times of the <hi>Chriſtian</hi>
Church. In ſearch whereof it is not to be looked
for by the ingenuous Reader, that we ſhould aim
<pb n="156" facs="tcp:114881:87"/>
fo high as the firſt 300 years after Chriſts Na<g ref="char:EOLhyphen"/>tivitie.
The <hi>Prelates</hi> of the Church were ſuſpected
then to have their different aims and <hi>intereſſes,</hi> from
thoſe who had the government of the <hi>Civil</hi> State,
and therefore thought uncapable of truſt and im<g ref="char:EOLhyphen"/>ployment
in it. But after that, according to that
memorable maxime of <hi>Optatus, Eccleſia erat in Re<g ref="char:EOLhyphen"/>publicâ</hi>
                  <note n="i" place="margin">Deſchiſmat. Den<gap reason="illegible" resp="#TECH" extent="3 letters">
                        <desc>•••</desc>
                     </gap>ſt. l 3.</note>, the Church became a part of the Com<g ref="char:EOLhyphen"/>mon<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>wealth,
and had their ends and aims united;
there followed theſe two things upon it: firſt that
the Supreme Government of the Church depended
much upon the will and pleaſure of the <hi>Supreme</hi>
Magiſtrate, inſomuch as <hi>Socrates</hi> obſerveth, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="k" place="margin">Socrat. Eccl. hiſt. lib. 5. c. 1.</note>, that the great<g ref="char:EOLhyphen"/>eſt
Councels have been called by their authoritie
and appointment; And 2<hi rend="sup">l</hi>y, that the Governours
and Rulers of the Church of God, came to have
place and power in diſpoſing matters that apper<g ref="char:EOLhyphen"/>tained
to the well ordering of the <hi>Civil</hi> State. And
this they did, not out of any buſie or <hi>pragmati<g ref="char:EOLhyphen"/>cal</hi>
deſire to draw the cognizance of ſecular cauſes
into their own hands, or to increaſe their power
and reputation with the common people: but
meerly for the eaſe and benefit of thoſe who did
repair unto them for their help and counſel, and
to comply with the command of the Apoſtle,
who impoſed it on them. S. <hi>Auſtin</hi> tells us of
S. <hi>Ambroſe</hi> with how great difficultie he obtained
an opportunitie of converſing with him privately,
and at large, as his caſe required: <hi>Secludentibus
<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>um ab ejus aure at<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> ore catervis negocioſorum ho<g ref="char:EOLhyphen"/>minum,</hi>
                  <pb n="157" facs="tcp:114881:87"/>
the multitude of thoſe who had buſi<g ref="char:EOLhyphen"/>neſs
to him,<note n="l" place="margin">Auguſt. Confeſ. l. 6. c. 3.</note> and ſuits to be determined. by
him, debarring him from all advantages of ac<g ref="char:EOLhyphen"/>ceſs
and conference. Which took up ſo much
of his time, that he had little leaſure to refreſh
his body with neceſſary food, or his minde with
the reading of good Authors. And <hi>Poſidonius</hi>
tel<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>s us of S. <hi>Auſtin, cauſas audiſse diligenter
&amp; piè,</hi> that he diligently and religiouſly attended
ſuch buſineſſes as were brought before him, not
only ſpending all the morning in that trouble<g ref="char:EOLhyphen"/>ſome
exerciſe<note n="m" place="margin">Poſidon. in vita Auguſt. c. 19.</note>, but ſometimes faſting all day
long, the better to content the ſuitor, and diſ<g ref="char:EOLhyphen"/>patch
the buſineſs. The like S. <hi>Austin</hi> tells us
of himſelf, and his fellow Prelates, firſt that
the Chriſtians of thoſe times <hi>pro ſecularibus
cauſis ſuis nos non raro quaererent</hi>
                  <note n="n" place="margin">Auguſt. in Pſalm. 1: 8. ſerm. 74 &amp; Epiſt. 147.</note>, did ordi<g ref="char:EOLhyphen"/>narily
apply themſelves unto them for the de<g ref="char:EOLhyphen"/>terming
of <hi>ſecular</hi> cauſes, and cheerfully ſubmit<g ref="char:EOLhyphen"/>ted
unto their deciſions: next that the <hi>Prelates</hi>
did comply with their earneſt ſolicitations and
deſires, therein <hi>Tu multuoſiſsimas cauſarum alie<g ref="char:EOLhyphen"/>narum
perplexitates patiendo</hi>
                  <note n="o" place="margin">Id. de ope<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e Monach c. 29.</note>, by intermitting
their own ſtudies to ingage themſelves in the
determining of ſuch <hi>ſecular</hi> cauſes as were brought
before them, for the contentation of the people,
and the diſcharge of their own duty both to
God and man. And this is that which both
S. <hi>Ambroſe</hi> and S. <hi>Auguſtine</hi> tell us in their
ſeveral writings, <hi>viz.</hi> that they did undergoe
<pb n="158" facs="tcp:114881:88"/>
this trouble for no other reaſon then out of a
conformitie and obedience to the words and
intimation of S. <hi>Paul,</hi> 1 <hi>Cor. cap.</hi> 6. touching
the ending of ſuch ſuits and differences as did
ariſe amongſt the Faithful: S. <hi>Auſtin</hi> ſaying,
<hi>Constituiſse Apoſtolum talibus cauſis Eccleſiaſticos
cognitores</hi>
                  <note n="p" place="margin">Id. in Pſal. 118. ſerm. 174.</note>, and <hi>iiſdem moleſtiis eos affixiſſe
Apoſtolos;</hi>
                  <note n="q" place="margin">Id. de opere Monach. 29.</note> S. <hi>Ambroſe,</hi> that he had undertook
the buſineſſes which were brought before him,
<hi>Secundum ſacrae formam praeceptionis qua eum
Apoſtolus induebat</hi>
                  <note n="r" place="margin">Amb. Epiſt. 24.</note>, which did impoſe ſuch a
neceſſitie upon him, that he was not able to
decline it. Both of them doe agree, in this,
and <hi>Poſidonius</hi> doth agree with both in the
ſame particular<note n="s" place="margin">Poſidon. in vi<g ref="char:EOLhyphen"/>ta Auguſt. c. 19.</note>, that they were not only war<g ref="char:EOLhyphen"/>ranted,
but obliged by S. <hi>Pauls</hi> injunction, to
undertake the cognizance of ſuch <hi>ſecular</hi> cauſes
as were from time to time committed to their
care and truſt; and that they had not done
their dutie, had they made any ſcruple of the
undertaking. But theſe being only private mat<g ref="char:EOLhyphen"/>ters,
let us next ſee, whether their ſervice was
not uſed in affairs of State, and we ſhall finde
that <hi>Conſtantine</hi> did always take ſome Biſhops
with him when he went to war; not only for
their ghoſtly counſel in <hi>ſpiritual</hi> matters, but
for adviſe in matters which concerned the oc<g ref="char:EOLhyphen"/>caſion
<note n="t" place="margin">Euſeb. in vita Conſtant. l. 4. c. 54.</note>, the proſecution of the war which was
then in hand: that <hi>Ambroſe</hi> was twice ſent
Ambaſſadour from <hi>Valentinian</hi> the younger to
<pb n="199" facs="tcp:114881:88"/>
the Tyrant <hi>Maximus,</hi> which he performed to
the great contentment of his Prince, and the
preſervation of the Empire<note n="u" place="margin">Amb. Epiſt. 27. lib. 5.</note>; whereof he gives
us an accompt in an expreſs unto the Empe<g ref="char:EOLhyphen"/>rour:
that when <hi>Firmus</hi> had rebelled in <hi>Africk,</hi>
and ſaw himſelf too weak to reſiſt the Forces
which were raiſed againſt him under <hi>Theodoſius,
Antiſtites ritus Chriſtiani pacem oraturos miſit</hi>
                  <note n="x" place="margin">Ammian. Mar<g ref="char:EOLhyphen"/>cel. hiſt. l. 29.</note>,
he ſent the <hi>African</hi> Prelates his Ambaſſadours
to treat of peace: that <hi>Marutha</hi> Biſhop of
<hi>Meſopotamia</hi> was in like nature ſent to the
Court of <hi>Perſia</hi>
                  <note n="y" place="margin">Socrat. Eccleſ. hiſt. l. 7. c. 8.</note>, in the time of the Empe<g ref="char:EOLhyphen"/>rour
<hi>Honorius.</hi> I. as after that <hi>Epiphanius</hi> Bi<g ref="char:EOLhyphen"/>ſhop
of <hi>Ticinum</hi> (which we now call <hi>Pavie</hi>)
employed from the <hi>Ligurians</hi> to <hi>Athalaricus</hi>
King of the <hi>Gothes</hi> in <hi>Italy,</hi> from him unto
the Court of <hi>Burgundie,</hi> as <hi>Caſſiodorus</hi> and
<hi>Ennodius</hi> doe deſcribe at large: that <hi>James</hi>
the godly Biſhop of <hi>Niſibis,</hi> (a frontier Town
againſt the <hi>Perſians</hi>) was alſo <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
both <hi>Governour</hi> of the place, and <hi>Captain</hi> of
the Souldiers which were there in <hi>Garriſon</hi>
                  <note n="z" place="margin">Theodoret. hiſt. Eccl. l. 2. c. 30.</note>;
and did moſt manfully defend it, againſt all
the force and fury of the <hi>Perſian</hi> Armies, <hi>An.</hi>
338. or thereabouts: and finally (which was
an argument of great power and truſt) that the
Biſhops in <hi>Juſtinians</hi> time were by him ap<g ref="char:EOLhyphen"/>pointed
to overſee the <hi>Civil Magiſtrates,</hi> and
to give notice to the Emperour if they failed
in any thing which did concern the Government
<pb n="160" facs="tcp:114881:89"/>
o<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap> the Eſtate in their ſeveral places; of which
the very Edicts are ſtill extant in the Book of
<hi>Novels</hi>
                  <note n="a" place="margin">Novel. 56. &amp; in Append. ad Novel. 8.</note>.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="V"/> (5) The <hi>Prelates</hi> being grown into this
eſteem for their integritie and wiſdom, with the
<hi>Roman</hi> Emperours; it is no wonder if they
were imployed in the greateſt Offices of truſt
and counſel, after the <hi>Empire</hi> was diſmembred
and ſhared betwixt ſuch ſeveral Princes as grew
up in the place of thoſe mighty <hi>Monarchs:</hi> And
this they did on ſo good motives, and with
ſuch ſucceſs, that in ſhort time the <hi>Prelates</hi> were
not only uſed for advice and counſel, but the
<hi>inferiour Clergie</hi> alſo were called unto imploy<g ref="char:EOLhyphen"/>ments
of the higheſt nature, and in concluſion
with the <hi>Prelates</hi> made up the <hi>third Eſtate</hi> in
moſt <hi>Chriſtian</hi> Kingdomes. For being that the
ſtudy of <hi>Divinitie</hi> is diffuſed and large, and
that the knowledge of <hi>Philoſophie</hi> and the <hi>Arts</hi>
and <hi>Histories,</hi> is but attendant on the ſame and
ſubſervient to it; there was no queſtion made
at all in the times we ſpeak of, but that a
<hi>Church-man</hi> ſo accompliſhed might be as uſeful
in the ſervice of the Common-wealth, as thoſe
who wanted many opportunities to be ſo verſed
in Books the beſt guides to buſineſs: eſpe<g ref="char:EOLhyphen"/>cially
when to thoſe helps in point of <hi>learning,</hi>
were joyned a <hi>ſuddenneſs</hi> of apprehenſion, a
<hi>perſpicacity</hi> of judgement, and which ſwayed
<pb n="161" facs="tcp:114881:89"/>
moſt of all <hi>integritie</hi> of life and converſati<g ref="char:EOLhyphen"/>on.
Theſe when they met together (as they
often did) in men admitted by the Church
unto <hi>holy Orders,</hi> it was not either thought or
found (and indeed how could it?) that their
admittance into <hi>Orders</hi> did take off from any
of thoſe natural or acquired indowments of
which before they were poſſeſſed, or that it was
a <hi>diſabling</hi> to them to make uſe thereof, in any
matter of debate or action which concerned the
publick. And that it hath been ſo of old in
all <hi>Chriſtian</hi> Kingdomes, beſides that it is
intimated by our Author here, we ſhall clear<g ref="char:EOLhyphen"/>ly
ſee by looking over ſuch particulars as have
moſt influence and power in the affairs of <hi>Chri<g ref="char:EOLhyphen"/>ſtendom.</hi>
               </p>
               <p>And firſt beginning (as of right) with the
<hi>German</hi> Empire, <hi>Thuanus</hi> gives this note in
general<note n="b" place="margin">Auguſt. Thu<g ref="char:EOLhyphen"/>an. hiſt. lib. 2.</note>, <hi>Imperium in tria omnino membra
dividi,</hi> that that Empire is divided into
<hi>three Eſtates,</hi> over all which the <hi>Emperour</hi> is
the head or the Supreme Prince. Of theſe the
fi<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ſt Eſtate is <hi>ex ſacro Ordine,</hi> of the holy
<hi>Hierarchie,</hi> compoſed of the three <hi>ſpiritual
Electors,</hi> together with the reſidue of the
Archbiſhops and Biſhops, and many Abbots,
Priors, and other Prelates. The ſecond is of
the <hi>Nobilitie</hi> conſiſting of the three <hi>temporal
Electors,</hi> the Dukes, Marqueſſes, Lantgraves,
Burgraves, Earls and Barons, of which there
<pb n="162" facs="tcp:114881:90"/>
is no determinate number; the Emperour
having power to adde dayly to them, as he
ſees occaſion. T<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e <hi>third Eſtate</hi> is of the
free or <hi>Imperial</hi> Cities, in number 60. or
thereabouts, who repreſent themſelves at the
General <hi>Diets,</hi> by ſuch Commiſſioners or De<g ref="char:EOLhyphen"/>puties
as are authorized to that purpoſe. Now
for theſe <hi>Diets,</hi> (for by that name they
call their <hi>Conventus Ordinum,</hi> or Aſſembly of
the <hi>three Eſtates</hi>) they are ſummoned at the
will and pleaſure of the Emperour only, and
at ſuch place and time as to him ſeems meet<g ref="char:EOLhyphen"/>eſt
<note n="c" place="margin">Id. ibid.</note>. Where being met, (as all the <hi>three E<g ref="char:EOLhyphen"/>ſtates</hi>
muſt meet either in perſon or by their
Ambaſſadours) they uſe to treat of Peace, and
War, of raiſing Subſidies and Taxes to ſup<g ref="char:EOLhyphen"/>port
the State, of leagues and con<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ederacies,
of raiſing and decrying moneys, of making,
abrogating, and expounding laws, and of
ſuch other points and matters as do pertain
unto the honour of the Empire and the pub<g ref="char:EOLhyphen"/>lick
ſaſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ti<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>. Nor is this any new authoritie
which the <hi>Eccleſiaſtical</hi> Eſtate hath gained
in the latter times; but ſuch wherein they
were intruſted <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>rom the firſt beginning of
that Empire: It being affi<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>med by <hi>Aventi<g ref="char:EOLhyphen"/>nus</hi>
(a Writer of unqueſtioned credit) that
long before the inſtitution of the ſeven Ele<g ref="char:EOLhyphen"/>ctors,
(which was in <hi>An.</hi> 996.) the <hi>Prelates,</hi>
the <hi>Nobilitie,</hi> and the chief of the <hi>people</hi>
                  <pb n="163" facs="tcp:114881:90"/>
had the election of the Emperour<note n="d" place="margin">Aventini An<g ref="char:EOLhyphen"/>nal. Bo<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>o<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>um. l. 5.</note>. And
if the Prelates were intruſted in ſo high a
point, as the election of the <hi>Emperour</hi> or
the <hi>Soveraign</hi> Prince; no queſtion but they
were imployed alſo in his publick Councels,
in matters which concerned the managerie of
the Common-wealth.</p>
               <p>Next paſs we over into <hi>France,</hi> and there
we finde the Subjects marſhalled into <hi>three
Eſtates,</hi> whereof the <hi>Clergie</hi> is the firſt. <hi>Rex
coactis</hi> tribus <hi>Ordinibus,</hi> Sacerdotio, <hi>Nobili<g ref="char:EOLhyphen"/>tate,
Plebe, ſubſidia rei pecuniariae petiit</hi>
                  <note n="e" place="margin">Paul. Aemili<g ref="char:EOLhyphen"/>us hiſt. Franc. l 9.</note>,
that is to ſay, the King aſſembling or con<g ref="char:EOLhyphen"/>veening
the <hi>three Eſtates, viz.</hi> the <hi>Clergie,</hi>
the <hi>Nobilitie,</hi> and the <hi>Commons,</hi> demanded ſub<g ref="char:EOLhyphen"/>ſidies
for the ſupport of his Eſtate; So
<hi>Paulus Aemilius</hi> doth inform us: Out of
theſe <hi>three</hi> are choſen certain <hi>Delegates</hi> or
<hi>Commiſſioners,</hi> ſome for each <hi>Eſtate,</hi> as of<g ref="char:EOLhyphen"/>ten
as the Kings occaſions doe require their
meeting, the time and place whereof is ab<g ref="char:EOLhyphen"/>ſolutely
left unto his diſpoſing; and theſe
thus met doe make up the <hi>Conventus Ordi<g ref="char:EOLhyphen"/>num,</hi>
or <hi>L' Aſſemblie des Eſtats,</hi> as the <hi>French</hi>
men call it, in form much like the <hi>Engliſh</hi>
Parliament, but in nothing elſe: the power
and reputation of it being much diminiſhed
in theſe latter times, eſpecially ſince the
great improvement of the Court of <hi>Parlia<g ref="char:EOLhyphen"/>ment,</hi>
fixed and of long time fixed in <hi>Paris.</hi>
                  <pb n="164" facs="tcp:114881:91"/>
Which Court of Parliament, as it was in<g ref="char:EOLhyphen"/>ſtituted
at the firſt by <hi>Charles Martell, Mayre</hi>
of the Pa<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ace to the <hi>Merov<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>gnian</hi> line of
<hi>France</hi> and Grandfather to <hi>Charle magne;</hi>
ſo it conſiſted at the firſt of the ſame in<g ref="char:EOLhyphen"/>gredients,
of which the great Aſſembly <hi>des.
Eſtats</hi> conſiſteth now, that is to ſay, the
<hi>Prelates,</hi> and the <hi>Peers,</hi> and certain of the
principal Gentrie which they call <hi>La nobleſs,</hi>
together with ſome few of the moſt conſi<g ref="char:EOLhyphen"/>d<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>rable
Officers of the Kings houſhold<note n="f" place="margin">An<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>e du Choſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e. 8.</note>.
A Court of ſuch eſteem in the former times,
that the Kings of <hi>Sicilie, Cyprus, Boho<g ref="char:EOLhyphen"/>mia,
Portugal, Scotland,</hi> and <hi>Navarre,</hi> have
thought it no diſparagement unto them to
be members of it: and which is more,
when <hi>Frederick</hi> the ſecond had ſpent much
time and treaſure in his quarrels with Pope
<hi>Innocent</hi> the fourth, he was content to ſub<g ref="char:EOLhyphen"/>mit
the whole cauſe in difference unto the
judgement of this Court. But being at laſt
become <hi>ſedentaire</hi> and fixed at <hi>Paris,</hi> as
other ordinary Courts of Juſtice were, (which
was in <hi>An.</hi> 1286. or thereabouts) the <hi>No<g ref="char:EOLhyphen"/>bles</hi>
firſt, and after them the <hi>Biſhops</hi> with<g ref="char:EOLhyphen"/>drew
themſelves from the troubles of it,
and left it to the ordering of the <hi>Civil Law<g ref="char:EOLhyphen"/>yers:</hi>
though ſtill the <hi>Peeres</hi> doe challenge
and enjoy a place therein as oft as any point
of moment is in agitation; the Biſhop of
<pb n="165" facs="tcp:114881:91"/>
                  <hi>Paris,</hi> and the Abbor of St. <hi>Denys,</hi> conti<g ref="char:EOLhyphen"/>nuing
conſtant members of it to this very
day. But for the <hi>Aſſemblie des Eſtats,</hi> or
<hi>Conventus Ordinum,</hi> made up of the <hi>Clergie,</hi>
the <hi>Nobilitie</hi> and the <hi>Commons,</hi> as before I
told I you: he that would ſee the manner
of it, the points there handled, and that re<g ref="char:EOLhyphen"/>mainder
of authority which is left unto them,
let him repair unto <hi>Thuanne</hi>
                  <note n="g" place="margin">Thuan hiſt. ſui temp. lib.</note>, and look upon
the great Aſſembly held at <hi>Bloys, An.</hi> 1573.
He ſhall finde it there.</p>
               <p>Paſs we next over the <hi>Pyrenees,</hi> to the
Pealms of <hi>Spain,</hi> and we ſhall finde in each
the ſame <hi>three Eſtates,</hi> whoſe meeting they
call there by the name<note n="h" place="margin">Bodin. de Re<g ref="char:EOLhyphen"/>pub. lib. 3. c.</note> of <hi>Curia,</hi> the
Court, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, or by way of ominencie;
conſiſting of the <hi>Clergie,</hi> the <hi>Nobilitie,</hi> and
the <hi>Commiſſioners</hi> of the Provinces and moſt
antient Cities. But we muſt tell you by the
way, that long before the inſtitution of theſe
<hi>Courts,</hi> and long before the diviſion of <hi>Spain</hi>
into ſo many Kingdomes; the <hi>Prelates</hi> of that
Church were of ſuch authority, that a chief
ſtroke in the election of their Kings did be<g ref="char:EOLhyphen"/>long
to them. For in the eighth Council of
<hi>Toledo</hi> ſummoned by <hi>Receſvinthus</hi> the 25. of
the <hi>Gothiſh</hi> race of the Kings of <hi>Spain, An.</hi>
653. ſo long agoe, in which were preſent
52 Biſhops, 12 Abbots, and the Delegates
or <hi>Vicars</hi> of ten other Biſhops, who could
<pb n="166" facs="tcp:114881:92"/>
not perſonally attend the ſervice; it was or<g ref="char:EOLhyphen"/>dered
with the Kings conſent, that from thence<g ref="char:EOLhyphen"/>forth
the Kings of <hi>Spain</hi> ſhould be elected
in the Regal City, or in what other place
ſoever the King ſhould happen to deceaſe, by
the joynt ſuffrages of the <hi>Prelates,</hi> and the
great Lords of the Court, <hi>Majores Palatii</hi>
as the Canon calls them<note n="i" place="margin">Concil. Tolet. VIII. Can. 10.</note>. But take the
whole Canon with you for the more aſſurance,
and you finde it thus. <hi>Abninc ergo &amp; de<g ref="char:EOLhyphen"/>inceps
ita erunt in Regni gloria praeficiendi
Rectores, ut aut in urbe Regia, aut in loco
ubi Princeps deceſſerit, cum</hi> Pontificum <hi>Ma<g ref="char:EOLhyphen"/>jorum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
Palatii omnimodo eligantur aſsenſu.</hi>
But after <hi>Spain</hi> became divided into ſeve<g ref="char:EOLhyphen"/>ral
Kingdomes, and that each Kingdome
had its Court, or <hi>Curia,</hi> as they call their
Parliament, the <hi>Clergie</hi> were eſteemed in
each for the <hi>third Eſtate</hi> (the firſt indeed
of all the three) and either in perſon or
by their <hi>Proxies,</hi> made up the moſt con<g ref="char:EOLhyphen"/>ſiderable
part in thoſe publick meetings.
For proof of which we need but look in<g ref="char:EOLhyphen"/>to
the <hi>General hiſtory of Spain,</hi> tranſlated
out of <hi>French</hi> by <hi>Grimſton,</hi> and we ſhall
finde a <hi>Court</hi> or Parliament for the Realm
of <hi>Aragon,</hi> conſiſting of the <hi>Biſhops, Nobles, and
Deputies of Towns and Commonalties, having place
in the ſaid Eſtates</hi> conveened by King <hi>James</hi>
                  <pb n="167" facs="tcp:114881:92"/>
at <hi>Saragoſſa Anno</hi> 1325. for ſetling the Suc<g ref="char:EOLhyphen"/>ceſſion,
and declaring the Heir<note n="k" place="margin">Gen. hiſt. of Spain. l. 14.</note>, another
at <hi>Monſon,</hi> where the <hi>Eſtates</hi> of <hi>Aragon</hi> and
<hi>Catalogne</hi> did conveen together 1236, to
conſult about the conqueſt of <hi>Valentia</hi>
                  <note n="l" place="margin">Id. lib. 11.</note>; and
before that another <hi>Aſſemblie of the Biſhops
and Noblemen</hi> called at <hi>Saragoſſa</hi> by <hi>Alfon<g ref="char:EOLhyphen"/>ſo</hi>
the Great, touching the War againſt
the <hi>Moores</hi>
                  <note n="m" place="margin">Id. lib. 9.</note>. And as for the Realm of
<hi>Naples,</hi> and <hi>Sicily,</hi> being appends on this
Crown, there is little queſtion to be made
but that the Biſhops and Clergie of both
enjoyed the place and priviledges of the
third Eſtate; both Kingdomes being antient<g ref="char:EOLhyphen"/>ly
holden of the <hi>Pope,</hi> and of his Erection
and the <hi>Italian</hi> Biſhops (as lying directly
under his noſe) more amply priviledged for
the moſt part then in other Countries. Thus
for <hi>Caſtile,</hi> we finde a <hi>Parliament of Lords,
Prelates, and Deputies of Towns</hi> ſummoned
at <hi>Toledo</hi> by <hi>Alfonſo</hi> the Noble, <hi>An.</hi> 1210.
upon occaſion of an invaſion made by
the <hi>Moores;</hi>
                  <note n="n" place="margin">Id. lib. 10.</note> another before that at <hi>Bur<g ref="char:EOLhyphen"/>gos,</hi>
under the ſame King, <hi>Anno</hi> 1179. for
levying of money on the people to main<g ref="char:EOLhyphen"/>tain
the Wars <hi>n;</hi> that great Convention of
the States held at <hi>Toledo</hi> by <hi>Ferdinand</hi> the
<hi>Catholick</hi> 1479. for ſwearing to the ſucceſ<g ref="char:EOLhyphen"/>ſion
of his Son, <hi>Don John,</hi> in which the
<pb n="168" facs="tcp:114881:93"/>
                  <hi>Prelates,</hi> the Nobility, and almoſt all the
Towns and Cities, which ſent Commiſſion<g ref="char:EOLhyphen"/>ers
to the Aſſembly, are expreſsly named<note n="o" place="margin">Id. lib.</note>.
Thus finally doe we finde a meeting of <hi>the
Deputies of the three Eſtates of Navarre</hi> at
the Town of <hi>Taſalla, Anno</hi> 1481. for pre<g ref="char:EOLhyphen"/>ſerving
the Kingdome in obedience to King
<hi>Francis Phoebus,</hi> being then a <hi>minor,</hi> under
age<note n="p" place="margin">Id. lib. 22.</note>: and that the <hi>Deputies of the Cler<g ref="char:EOLhyphen"/>gie,
Nobilitie, Provinces and good Towns
of Portugal,</hi> aſſembled at <hi>Tomara, An.</hi> 1581.
to acknowledge <hi>Philip</hi> the ſecond for their
King, and to ſettle the Government of that
Kingdome for the times to come<note n="q" place="margin">Id. lib. 30.</note>.</p>
               <p>Now let us take a view of the Nor<g ref="char:EOLhyphen"/>thern
Kingdomes, and ſtill we finde the peo<g ref="char:EOLhyphen"/>ple
ranked in the ſelf ſame manner, and
their great Councels to conſiſt of the <hi>Cler<g ref="char:EOLhyphen"/>gie,</hi>
the <hi>N<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>bilitie,</hi> and certain <hi>Deputies,</hi>
ſent from the <hi>Provinces</hi> and Cities, as in
thoſe before. In <hi>Hungar<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e,</hi> before that
Realm received the Goſpel, we read of none
but <hi>Nobiles &amp; Plebeii</hi>
                  <note n="r" place="margin">Bonfinius in hiſt. Hungar. Dec. l. 1.</note>, the Nobilitie and
common people who did concur to the ele<g ref="char:EOLhyphen"/>ction
of their Kings; but no ſooner was
the Faith of <hi>Chriſt</hi> admitted, and a <hi>Clergie</hi>
inſtituted, but inſtantly we finde a <hi>third
Eſtate, Epiſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>opos &amp; Sacerdotum Collegia</hi>
                  <note n="s" place="margin">Id. ibid. De<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 2. l. 2.</note>,
Biſhops and others of the <hi>Clergie</hi> ſuper-added
<pb n="169" facs="tcp:114881:93"/>
to them, for the election of the Kings, and
the diſpatch of other buſineſſes which concer<g ref="char:EOLhyphen"/>ned
the publick<note n="t" place="margin">Id. Decad. 2. l. 3.</note>, as it continueth to this
day. In <hi>Danemark</hi> we ſhall finde the ſame,
if we mark it well. For though <hi>Pontanus</hi>
ſeem to count upon <hi>five Eſtates,</hi> making the
Regall Family to be the firſt, and ſub<g ref="char:EOLhyphen"/>dividing
the <hi>Commons</hi> into two, whereof
the. Yeomanry makes one, and the Trades<g ref="char:EOLhyphen"/>man
or Citizen the other<note n="u" place="margin">Pontan in Doriae deſcript.</note>: yet in the bo<g ref="char:EOLhyphen"/>dy
of the Hiſtory we finde only <hi>three,</hi> which
are the <hi>Biſhops,</hi> the <hi>Nobility,</hi> and <hi>Civita<g ref="char:EOLhyphen"/>tum
delegati</hi>
                  <note n="x" place="margin">Id. in hiſtor. Rerum Danic. l. 7.</note>, the Deputies or Commiſſi<g ref="char:EOLhyphen"/>oners
of Towns and Cities: Take which of
theſe Accompts you will, and reckon either
upon Five or on <hi>three Eſtates,</hi> yet ſtill the
<hi>Eccleſiaſtick</hi> State, or <hi>Ordo Eccleſiaſticus,</hi> as
himſelf entituleth it, is declared for one;
and hath been ſo declared, as their ſtories
tell us, ever ſince the firſt admittance of the
Faith amongſt them: the <hi>Biſhops,</hi> together
with the <hi>Peers</hi> and <hi>Deputies,</hi> making up the
<hi>Comitia</hi> or <hi>Conventus Ordinum.</hi> In <hi>Poland</hi>
the chief ſway and power of government,
next to the King, is in the Councell of E<g ref="char:EOLhyphen"/>ſtate.
<hi>Secundum Regem maxima &amp; Augustuiſ<g ref="char:EOLhyphen"/>ſima
Senatus autoritas,</hi> as <hi>Thuanus</hi> hath it<note n="y" place="margin">Thuan. hiſt. ſui temp. l. 56.</note>.
And that conſiſteth of nine Biſhops, where<g ref="char:EOLhyphen"/>of
the Archbiſhops of <hi>Guiſna</hi> and <hi>Leopolis</hi>
                  <pb n="170" facs="tcp:114881:94"/>
make alwaies two; of fifteen <hi>Palatines,</hi> for
by that name they call the greater ſort of
the Nobility, and of ſixty five <hi>Chaſtellans,</hi>
which are the better ſort of the <hi>Poliſh</hi> Gen<g ref="char:EOLhyphen"/>try;
who with the nine great Officers of
the Kingdome, (of which the <hi>Clergy</hi> are as
capable as any other ſort or degree of
ſubjects) doe complete that Councell. The
Common people there are in no authori<g ref="char:EOLhyphen"/>ty,
(<hi>a procuratione Reipub. omnino ſummota</hi>)
not having any <hi>Vote</hi> or ſuffrage in the great
<hi>Comitia</hi>
                  <note n="a" place="margin">Thuan. hiſt. ſui. temp. l. 56.</note>, or generall Aſſemblies of the
Kingdome, as in other places. For <hi>Swe<g ref="char:EOLhyphen"/>den,</hi>
it comes neer the government and
formes of <hi>Danemark,</hi> and hath the ſame
<hi>eſtates</hi> and degrees of people as amongſt
the <hi>Danes,</hi> that is to ſay, <hi>Proceres &amp; No<g ref="char:EOLhyphen"/>biles,</hi>
the greater and the leſſe Nobility,
<hi>Epiſcopi &amp; Eccleſiaſtici,</hi> the Biſhops and
inferiour Clergy, <hi>Civitates &amp; univerſita<g ref="char:EOLhyphen"/>tes,</hi>
the Cities and Towns Corporate (for
ſo I think he means by <hi>vniverſitates</hi>)
as <hi>Thuanus</hi>
                  <note n="b" place="margin">Id. lib. 131.</note> muſtereth them. And in
this Realm the Biſhops and Clergy en<g ref="char:EOLhyphen"/>joy
the place and priviledges of the third
Eſtate (notwithſtanding the alteration of
Religion) to this very day; the Biſhops
in their own perſons, and a certain num<g ref="char:EOLhyphen"/>ber
of the Clergy out of every <hi>Sochen</hi> (a
<pb n="171" facs="tcp:114881:94"/>
diviſion like our <hi>Rurall Deanries</hi>) in the
name of the reſt, having a neceſſary Vote
in all their Parliaments. And as for <hi>Scot<g ref="char:EOLhyphen"/>land,</hi>
their Parliament conſiſted anciently of
<hi>three Eſtates,</hi> as learned <hi>Camden</hi> doth in<g ref="char:EOLhyphen"/>forme
us, that is to ſay, the <hi>Lords ſpiritu<g ref="char:EOLhyphen"/>all,</hi>
as Biſhops, Abbots, Priors; the <hi>Tem<g ref="char:EOLhyphen"/>porall
Lords,</hi> as Dukes, Marqueſſes, Earles,
Vicounts, Barons; and the Commiſſioners
of the Cities and Burroughs<note n="c" place="margin">Camden in deſcript. Scotiae.</note>; To which
were added by King <hi>James</hi> two Delegates
or Commiſſioners out of every County to
make it more conforme to the <hi>Engliſh</hi> Par<g ref="char:EOLhyphen"/>liaments.
And in ſome Acts the Prelates
are by name declared to be the third Eſtate,
as in the Parliament, <hi>Anno</hi> 1597. <hi>Anno</hi>
1606, <hi>&amp;c.</hi> for which I do referre you to the
Book at large.</p>
               <p>
                  <pb n="172" facs="tcp:114881:95"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="VI"/>(6) And now at laſt we are come to <hi>Eng<g ref="char:EOLhyphen"/>land,</hi>
where we ſhall find that from the firſt
reception of the Chriſtian Faith amongſt the
<hi>Saxons,</hi> the <hi>Eccleſiaſticks</hi> have been called to
all <hi>Publick</hi> Councels, and their advice requi<g ref="char:EOLhyphen"/>red
in the weightieſt matters touching the
ſafety of the Kingdome. No ſooner had
King <hi>Ethelbert</hi> received the Goſpell, but pre<g ref="char:EOLhyphen"/>ſently
we read that as well the <hi>Clergy</hi> as the
<hi>Laity</hi> were called unto the Common Coun<g ref="char:EOLhyphen"/>cell:
which the <hi>Saxons</hi> ſometimes called <hi>My<g ref="char:EOLhyphen"/>cell
Synoth,</hi> the Great Aſſembly, and ſome<g ref="char:EOLhyphen"/>times
<hi>Wittenagemots</hi>
                  <note n="d" place="margin">Coke on Li<g ref="char:EOLhyphen"/>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>l. 2. ſect.</note>, the Councell or Aſ<g ref="char:EOLhyphen"/>ſembly
of the Wiſe men of the Realm. <hi>An<g ref="char:EOLhyphen"/>no</hi>
605. <hi>Ethelbertus Rex in fide roboratus
Catholica</hi> &amp;c. Cantuariae <hi>convocavit commu<g ref="char:EOLhyphen"/>ne
concilium <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>am</hi> Cleri <hi>quam populi,</hi> &amp;c.<note n="e" place="margin">H. Spelman in Concil. p. 126.</note>
                  <q rend="inline">"King <hi>Ethelbert,</hi> as my Author hath it, being
confirmed in the Faith in the year 605. 
(which was but nine years after his conver<g ref="char:EOLhyphen"/>ſion)
together with <hi>Bertha</hi> his Queen, their
Son <hi>Eadbald,</hi> the moſt Reverend Archbi<g ref="char:EOLhyphen"/>ſhop
<hi>Auguſtine,</hi> and all the reſt of the No<g ref="char:EOLhyphen"/>bility,
did ſolemnize the Feaſt of Chriſts
Nativity in the City of <hi>Canterbury;</hi> and did
there cauſe to be aſſembled on the ninth of
<hi>January</hi> the <hi>Common-Councell</hi> of his King<g ref="char:EOLhyphen"/>dome,
aſwell the <hi>Clergy</hi> as the <hi>Lay</hi> Subject,
by whoſe conſent and approbation, he cau<g ref="char:EOLhyphen"/>ſed
<pb n="173" facs="tcp:114881:95"/>
the Monaſtery by him built, to be de<g ref="char:EOLhyphen"/>dicated
to the honour of Almighty God, by
the hand of <hi>Auguſtine.</hi>"</q> And though no
queſtion other examples of this kinde may be
found amongſt the <hi>Saxon Heptarchs,</hi> yet being
the <hi>Weſt Saxon</hi> Kingdome did in fine prevail,
and united all the reſt into one <hi>Monarchy:</hi>
we ſhall apply our ſelves unto that more pun<g ref="char:EOLhyphen"/>ctually.
Where we ſhall finde beſides two
Charters iſſued out by <hi>Athelſtan, Conſilio Wlfel<g ref="char:EOLhyphen"/>mi
Archiepiſcopi mei &amp; aliorum Epiſcoporum
meorum</hi>
                  <note n="f" place="margin">Ap. eund. p. 402, 403.</note>, by the advice of <hi>Wlfelm</hi> his Arch<g ref="char:EOLhyphen"/>biſhop
and his other Biſhops: that <hi>Ina</hi> in the
year 702. cauſed the great Councell of his
Realm to be aſſembled, conſiſting <hi>ex Epiſco<g ref="char:EOLhyphen"/>pis,
Principibus, proceribus,</hi> &amp;c. of <hi>Biſhops,</hi>
Princes, Nobles, Earls, and of all the <hi>Wiſe
men,</hi> Elders, and People of the whole King<g ref="char:EOLhyphen"/>dome,
and there enacted divers lawes for the
Weal of his Realm<note n="g" place="margin">Apud eund. p. 219.</note>. Thus do we read that
<hi>Egbert,</hi> who firſt united the ſeven Kingdomes
of the <hi>Saxons</hi> under the name of <hi>England,</hi> did
cauſe to be conveened at <hi>London</hi> his <hi>Biſhops</hi>
and the Peers of the higheſt rank, <hi>pro conſi<g ref="char:EOLhyphen"/>lio
capiendo adverſus Danicos Piratas</hi>
                  <note n="h" place="margin">Charta Whit<g ref="char:EOLhyphen"/>lafii Mercio<g ref="char:EOLhyphen"/>rum Regis ap. Ingulf.</note>, to ad<g ref="char:EOLhyphen"/>viſe
upon ſome courſe againſt the <hi>Daniſh</hi> Pi<g ref="char:EOLhyphen"/>rates
who infeſted the ſea coaſts of <hi>England.</hi>
Another Parliament or Councell, call it which
you will, called at <hi>Kingsbury, Anno</hi> 855. in
the time of <hi>Ethelwolph</hi> the Son of <hi>Egbert, pro
<pb n="174" facs="tcp:114881:96"/>
negotiis regni</hi>
                  <note n="i" place="margin">Chart. Ber<g ref="char:EOLhyphen"/>tulfi. Merc. Re<g ref="char:EOLhyphen"/>gis ap. Ingulf.</note>, to treat of the affaires of
the Kingdome: the Acts whereof are ra<g ref="char:EOLhyphen"/>tified
and ſubſcribed by the <hi>Biſhops, Abbots,</hi>
and other great men of the Realme. The
ſame King <hi>Ethelwolph</hi> in a Parliament or Aſ<g ref="char:EOLhyphen"/>ſembly
of his States at <hi>Wincheſter,</hi> Anno 855.
<hi>Cum conſilio</hi> Epiſcoporum <hi>&amp; principum</hi>
                  <note n="k" place="margin">Ingulfi Croy<g ref="char:EOLhyphen"/>land hiſt.</note>,
by the advice and counſell of the <hi>Biſhops</hi>
and Nobility, confirmed unto the <hi>Cler<g ref="char:EOLhyphen"/>gy</hi>
the tenth part of all mens goods; and
ordered that the Tithe ſo confirmed unto
them ſhould be free <hi>ab omnibus ſecularibus
ſervitutibus,</hi> for all ſecular ſervices and im<g ref="char:EOLhyphen"/>poſitions.
In the reigne of <hi>Edred</hi> we finde
this, <hi>Anno</hi> 948. <hi>In Feſto igitur nativitatis</hi> B.
Mariae <hi>cum univerſi Magnates regni per Re<g ref="char:EOLhyphen"/>gium
edictum ſummoniti, tam</hi> Archiepiſcopi
<hi>&amp;</hi> Epiſcopi <hi>ac</hi> Abbates, <hi>quam caeteri totius
regni proceres &amp; optimates</hi> Londoniis <hi>conve<g ref="char:EOLhyphen"/>niſſent
ad tractandum de negotiis publicis toti<g ref="char:EOLhyphen"/>us
Regni</hi>
                  <note n="l" place="margin">Id ibid. p. 497 edit. Lond.</note>: viz. That in the Feaſt of the
Nativity of the bleſſed <hi>Virgin,</hi> the great men
of the Realm, that is to ſay, <hi>Archbiſhops, Bi<g ref="char:EOLhyphen"/>ſhops,
Abbots,</hi> Nobles, Peeres, were ſummon<g ref="char:EOLhyphen"/>ed
by the Kings Writ to appear at <hi>London,</hi>
to handle and conclude about the publick af<g ref="char:EOLhyphen"/>faires
of the Kingdome. Mention of this Aſ<g ref="char:EOLhyphen"/>ſembly
is made againe at the foundation and
endowment of the Abbie of <hi>Crowland</hi>
                  <note n="m" place="margin">Id. p. 500.</note>:
and afterwards a confirmation of the ſame by
<pb n="175" facs="tcp:114881:96"/>
                  <hi>Edgar, Anno</hi> 966. <hi>praeſentibus Archiepiſcopis,
Epiſcopis, Abbatibus &amp; Optimatibus Regni</hi>
                  <note n="n" place="margin">Id pag. 501. &amp; 502.</note>,
in the preſence of the <hi>Archbiſhops, B<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſhops,</hi>
Abbots and Peers of the Kingdome. Like
convention of <hi>Eſtates</hi> we finde to have been
called by <hi>Canutus</hi> after the death of <hi>Edmund
Ironſide,</hi> for the ſetling of the Crown on his
own head, of which thus the Author<note n="o" place="margin">Rog. Hove<g ref="char:EOLhyphen"/>den. Annal pars prior. p. 250.</note>. <hi>Cu<g ref="char:EOLhyphen"/>jus
poſt mortem Rex</hi> Canutus <hi>omnes</hi> Epiſco<g ref="char:EOLhyphen"/>pos
<hi>&amp; Duces, nec non &amp; principes cunctoſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
optimates gentis</hi> Angliae <hi>Londoniae congregari
juſsit.</hi> Where ſtill we finde the <hi>Biſhops</hi> to
be called to <hi>Parliament</hi> as well as the Dukes,
Princes, and the reſt of the Nobility; and to
be ranked and marſhalled firſt (which clearly
ſhewes that they were alwaies reckoned for
the <hi>firſt Eſtate</hi>) before the greateſt and moſt
eminent of the <hi>ſecular</hi> Peers. And ſo we
finde it alſo in a Charter of King <hi>Edward</hi> the
Confeſſor, the laſt King of the <hi>Saxon</hi> race)
by which he granted certain Lands and pri<g ref="char:EOLhyphen"/>viledges
to the Church of <hi>Weſtminſter, Anno</hi>
1066. <hi>Cum conſilio &amp; decreto</hi> Archiepiſco<g ref="char:EOLhyphen"/>porum,
Epiſcoporum, <hi>Comitum, aliorum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> Op<g ref="char:EOLhyphen"/>timatum</hi>
                  <note n="p" place="margin">Ap. H. Spel<g ref="char:EOLhyphen"/>man in Concil. p. 630.</note>, with the counſell and decree of
the <hi>Archbiſhops, Biſhops,</hi> Earls, and others
of his Nobles. And all this while the <hi>Bi<g ref="char:EOLhyphen"/>ſhops</hi>
and other Prelates of the Church did
hold their Lands by no other tenure, then <hi>in
pura &amp; perpetua eleemoſyna</hi>
                  <note n="q" place="margin">Camden in Brit.</note>, or <hi>Frank al<g ref="char:EOLhyphen"/>moigne,</hi>
                  <pb n="176" facs="tcp:114881:97"/>
as our Lawyers call it: and there<g ref="char:EOLhyphen"/>fore
ſate in <hi>Parliament</hi> in no other capacity
then as ſpirituall perſons meerly, who by their
extraordinary knowledge in the word of God,
and in ſuch other parts of learning, as the
world then knew, were thought beſt able to
direct and adviſe their Princes in points of
judgement. In which capacity and no other
the <hi>Priors</hi> of the Cathedrall Churches of <hi>Can<g ref="char:EOLhyphen"/>terbury,
Ely, Wincheſter, Coventry, Bath, Wor<g ref="char:EOLhyphen"/>ceſter,
Norwich,</hi> and <hi>Durham,</hi> the <hi>Deans</hi> of <hi>Exce<g ref="char:EOLhyphen"/>ter,
York, Wells, Salisbury,</hi> and <hi>Lincoln,</hi> the <hi>Of<g ref="char:EOLhyphen"/>ficiall</hi>
of the Archbiſhop of <hi>Canterbury,</hi> and
the <hi>Dean</hi> of the <hi>Arches,</hi> the <hi>Guardian</hi> of the
<hi>Spiritualties</hi> of any Biſhoprick when the See
was vacant, and the <hi>Vicars generall</hi> of ſuch
Biſhops as were abſent beyond the Seas<note n="r" place="margin">
                     <hi>Selden</hi> Ti<g ref="char:EOLhyphen"/>tles of hon. <hi>part.</hi> 2. <hi>c.</hi> 5.</note>, had
ſometimes place and ſuffrage in the houſe of
Lords in the Ages following.</p>
               <p>
                  <pb n="177" facs="tcp:114881:97"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="VII"/> 7. But when the <hi>Norman</hi> Conqueror had
poſſeſt the State, then the caſe was alte<g ref="char:EOLhyphen"/>red.
The <hi>Prelates</hi> of the Church were no lon<g ref="char:EOLhyphen"/>ger
ſuffered to hold their Lands in <hi>Frankal<g ref="char:EOLhyphen"/>moigne</hi>
as before they did, or to be free from ſecu<g ref="char:EOLhyphen"/>lar
ſervices and commands, as before they were.
Although they kept their lands, yet they chan<g ref="char:EOLhyphen"/>ged
their <hi>tenure,</hi> and by the Conqueror, were
ordained to hold their Lands <hi>ſub militari ſervitute</hi>
                  <note n="ſ" place="margin">Ma<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. Pa<g ref="char:EOLhyphen"/>ris in Will. 1. An. 1070.</note>, either in <hi>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>apite,</hi> or by <hi>Baronage,</hi> or ſome
ſuch <hi>military</hi> hold, and thereby were compellable
to aid the Kings in all times of war, with Men,
Arms, and Horſes, as the Lay-ſubjects of the
ſame <hi>tenures</hi> were required to do. Which though
it were conceived to be a great <hi>disfranchiſement</hi> at
the firſt, and an heavy burden to the <hi>Prelacy<g ref="char:punc">▪</g>
                  </hi>
yet it conduced at laſt to their greater honor; in
giving them a further Title to their place in <hi>Par<g ref="char:EOLhyphen"/>liament,</hi>
than that which formerly they could
pretend to. Before, they claimed a place there<g ref="char:EOLhyphen"/>in
<hi>ratione Officii,</hi> only by reaſon of their Offices
or <hi>ſpiritual</hi> Dignities; but after this, by reaſon
alſo of thoſe antient <hi>Baronies</hi> which were annex<g ref="char:EOLhyphen"/>ed
unto their Dignities; <hi>en reſpect de lour poſſeſsions,
L'antient Baronies annexes a lour dignities</hi>
                  <note n="t" place="margin">Stamfords Pl<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>es, l. 3 c. 1.</note>, as our
Lawyers have it. From this time forwards we
muſt look upon them in the Houſe of <hi>Parliament,</hi>
not as Biſhops only, but as <hi>Peers</hi> and <hi>Barons</hi> of the
Realm alſo, and ſo themſelves affirmed to the
Temporal Lords in the Parliament holden at
<hi>Northampton</hi> under <hi>Henry</hi> 2. <hi>Non ſedimus hic E<g ref="char:EOLhyphen"/>piſcopi,
<pb n="178" facs="tcp:114881:98"/>
ſed</hi> Barones; <hi>nos Barones, ves Barones;</hi> Pares
<hi>hic ſumus</hi>
                  <note n="u" place="margin">Ap Sel<g ref="char:EOLhyphen"/>den. titles of hon. p<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 2. c. 5.</note>. We fit not here ſay they, as <hi>Bi<g ref="char:EOLhyphen"/>ſho<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ps</hi>
only, but as <hi>Barons;</hi> We are <hi>Baro<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>s,</hi> and you
are <hi>Barons;</hi> here we ſit as <hi>Peers.</hi> Which laſt is alſo
verified <hi>in terminis,</hi> by the words of a Statute,
or Act of Parliament, wherein the <hi>Biſhops</hi> are
acknowledged to be <hi>Peers of the Land</hi>
                  <note n="x" place="margin">Stat. 25 Edw. 3. c. 5.</note>. Now
that the <hi>Biſhops</hi> are a fundamental and eſſential
part of the Parliament of <hi>England,</hi> I ſhall endea<g ref="char:EOLhyphen"/>vour
to make good by two manner of proofs;
wherof the one ſhall be <hi>de jure,</hi> &amp; the other <hi>de fa<g ref="char:EOLhyphen"/>cto.</hi>
And firſt we ſhal begin with the proofs <hi>de jure,</hi>
and therin firſt with that which doth occur in the
Laws of King <hi>Athelstan,</hi> amongſt the which there
is a Chapter (it is <hi>Cap.</hi> 11.) entituled <hi>De officio
Epiſcopi, &amp; quid pertinet ad officium ejus;</hi> and there<g ref="char:EOLhyphen"/>in
it is thus declared. <hi>Epiſcopo jure pertinet omnem
rectitudinem promovere, dei ſcilicet &amp; ſeculi &amp;c.</hi>
                  <note n="z" place="margin">Spelm. concil. p. 402.</note> 
                  <hi>et
convenit ut per conſilium &amp; teſtimonium ejus omne legis</hi>
ſcitum, <hi>&amp; Burgi menſura, &amp; omne pondus ſit ſecun<g ref="char:EOLhyphen"/>dum
dictionem ejus inſtitutum,</hi> that is to ſay, it be<g ref="char:EOLhyphen"/>longeth
of right unto the Biſhop to promote ju<g ref="char:EOLhyphen"/>ſtice,
in matters which concern both the Church
and State; and unto him it appertaineth that by
his counſel and award, all Laws &amp; Weights, and
Meaſures be ordained thorowout the Kingdom.
2. Next we will have recourſe to the old <hi>Re<g ref="char:EOLhyphen"/>cord</hi>
entituled <hi>Modus tenendi Parliamentum.</hi> In
which it is affirmed, <hi>ad Parliamentum ſummoniri
&amp; venire debere</hi> Archiepiſcopos, Epiſcopos, <hi>Ab<g ref="char:EOLhyphen"/>bates,
Pricres, &amp; alios majores</hi> cleri, <hi>qui tenent
per Comitatum aut Baroniam ratione hujuſmodi tenu<g ref="char:EOLhyphen"/>rae,</hi>
                  <pb n="179" facs="tcp:114881:98"/>
                  <note n="*" place="margin">modus te<g ref="char:EOLhyphen"/>nendi Parlia<g ref="char:EOLhyphen"/>ment.</note> that all the <hi>Arch-biſhops, Biſhops,</hi> Abbats,
Priors, and other <hi>Prelates</hi> of the Church, who hold
their lands either by an <hi>Earls</hi> fee or a <hi>Barons</hi> fee,
were to be ſummoned and to come to <hi>Parliament</hi>
in regard of their tenure. 3. Next look we on
the chartularies of King <hi>Henry</hi> the firſt, recogni<g ref="char:EOLhyphen"/>zed
in full Parliament at <hi>Clarendon</hi> under <hi>Hen<g ref="char:EOLhyphen"/>ry</hi>
the 2d. where they are called <hi>avitas conſuetudi<g ref="char:EOLhyphen"/>nes,</hi>
which declare it thus, <hi>Archipiſcopi, Epiſcopi,
&amp; univerſae perſonae qui de Regetenent in</hi> Capite,
<hi>habeant poſſeſsiones ſuas de Rege ficut</hi> Baroniam, <hi>&amp;c.
&amp; ſicut caeteri</hi> Barones <hi>debent intereſſe judiciis</hi> Curiae
<hi>Regis cum</hi> Baronibus, <hi>quouſque perveniatur ad dimi<g ref="char:EOLhyphen"/>nutionem
membrorum vel ad mortem</hi>
                  <note n="*" place="margin">Matth. Paris in Hen. 2.</note>. The mean<g ref="char:EOLhyphen"/>ing
is in brief, that <hi>Arch-biſhops, Biſhops,</hi> and all
other eccleſiaſtical perſons which hold in <hi>Capite</hi>
of the King, are to have and hold their lands in
<hi>Barony,</hi> and that they ought as <hi>Barons</hi> to be preſent
in all Judgements with the other <hi>Barons</hi> in the
Court of <hi>Parliament,</hi> untill the very ſentence of
death or mutilation (which was very common in
thoſe times) was to be pronounced. And then they
commouly did uſe to withdraw themſelves, not
out of any incapacity ſuppoſed to be in them by
the Law of <hi>England,</hi> but out of a reſtraint impo<g ref="char:EOLhyphen"/>ſed
upon them by the Canons of the Church of
<hi>Rome.</hi> 4. In the <hi>great Charter</hi> made by King
<hi>John</hi> in the laſt of his reign, we have the form of
ſummoning a <hi>Parliament,</hi> and calling thoſe toge<g ref="char:EOLhyphen"/>ther
who have <hi>votes</hi> therein, thus expreſſed at
large. <hi>Ad habendum commune conſilium Regni de
auxilio aſsidendo, &amp;c. &amp; de ſcutagiis aſsidendis, faci<g ref="char:EOLhyphen"/>emus
<pb n="180" facs="tcp:114881:99"/>
ſummoneri Archiepiſcopos, Epiſcopos, Abba<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>es, Co<g ref="char:EOLhyphen"/>mites,
&amp; Majores Barones Regni ſigillatim per li<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>eras
nostras: Et praeterea ſummoneri faciemus in generali
per Vice-Cemites &amp; Ballivos noſtros omnes alios qui in
Capite tenent ad certum diem, ſc. ad terminum</hi> 40 <hi>die<g ref="char:EOLhyphen"/>rum
ad minus, et ad certum locum, &amp;c.</hi>
                  <note n="a" place="margin">Id. in Ioh.</note> In which we
have not only a moſt evident proof, that the <hi>Biſhops</hi>
are of right to be called to <hi>Parliament,</hi> for grant<g ref="char:EOLhyphen"/>ing
ſubſidies and <hi>Eſcuage,</hi> and treating of the
great affairs which concern the kingdom, but
that they are to be ſummoned by particular Let<g ref="char:EOLhyphen"/>ters,
as well as the <hi>Earls</hi> and <hi>Barons</hi> or either of
them; A former Copy of which ſummons iſſu<g ref="char:EOLhyphen"/>ed
in the time of the ſaid King <hi>John,</hi> is extant on
Record, and put in print of late in the<note n="b" place="margin">Pt. 2. c. 5.</note> 
                  <hi>Titles of
Honour.</hi> And we have here (I note this only by
the way) a brief intimation touching the form
of ſummoning the <hi>Commons</hi> to attend in <hi>Parliament,</hi>
and the time of 40 daies expreſly ſpecified to in<g ref="char:EOLhyphen"/>tervene
between the ſummons and the beginning
of the <hi>Parliament;</hi> Which <hi>Commons</hi> being ſuch as
antiently did hold <hi>in Capite,</hi> and either having a
<hi>Knights fee</hi> or the degree of <hi>Knighthood,</hi> did firſt
promiſcuouſly attend in theſe publick meetings,
and after were reduced to four (<hi>quatuor diſcretos
milites de Comitatu tuo,</hi> as<note n="c" place="margin">Id. ibid.</note> the writ ran unto the
Sheriff) and at laſt to two, as they continue to
this day. 5. We have it thus in the <hi>Magna
Charta</hi> of King <hi>Henry</hi> the 3d. the birth-right of the
<hi>Engliſh</hi> Subject, according as it ſtands tranſlated
in the book of Statutes. <hi>First we have granted to</hi>
God, <hi>and by this our preſent Charter have confirmed for
<pb n="181" facs="tcp:114881:99"/>
us and our heirs for ever, that the</hi> Church of England
<hi>ſhall be free, and ſhall enjoy all her whole</hi> Rights and
Liberties <hi>inviolable</hi>
                  <note n="d" place="margin">Magna Charta cap. 1.</note>. But it was a known
<hi>Right and Liberty</hi> of the Church of <hi>England,</hi> that
all the <hi>Biſhops,</hi> and many of the greater <hi>Clergy</hi>
(and peradventure alſo the <hi>inferiour Clergy</hi> wherof
more anon) had their <hi>Votes</hi> in <hi>Parliament;</hi> and
therefore is to be preſerved <hi>inviolable</hi> by the Kings
of <hi>England, their Heirs and Succeſſors for ever.</hi>
Which Charter as it was confirmed by a ſolemn
Curſe denounced on all the Infringers of it by <hi>Bo<g ref="char:EOLhyphen"/>niface</hi>
Arch-biſhop of <hi>Canterbury</hi>
                  <note n="e" place="margin">Matth. Pa<g ref="char:EOLhyphen"/>tis in Henr. 3.</note>, and ratified
in no fewer man 30 ſucceeding Parliaments: ſo
was it enacted in the reign of <hi>Edward</hi> the firſt, that
<hi>it ſhould be ſent under the great Seal of</hi> England, <hi>to all
the Cathedral Churches of the Kingdom, to be read twice
a year</hi> before the people<note n="f" place="margin">25 Edw. 1. c. 2.</note>; that they ſhould be
read four times every year in a full County-Court
<note n="g" place="margin">28 Edw. 1. c. 1.</note>, and finally that <hi>all judgements given a<g ref="char:EOLhyphen"/>gainſt
it ſhould</hi> be void<note n="h" place="margin">25 Edw. 1. c. 3.</note>. 6. We have the Prote<g ref="char:EOLhyphen"/>ſtation
of <hi>John Stratford</hi> Arch-biſhop of <hi>Canterbu<g ref="char:EOLhyphen"/>ry</hi>
in the time of King <hi>Edward</hi> the 3d. who being
in disfavour with the King, and denyed entrance
into the Houſe of <hi>Peers,</hi> challenged his place and
ſuffrage there as the <hi>firſt Peer of the Realm,</hi> and one
that <hi>ought to have the first Voice in</hi> Parliament in
right of his See. But hear him ſpeak his own
words, which are theſe that follow. <hi>Amici</hi> (for
he ſpake to thoſe who took witneſs of it) <hi>Rexme
ad hoc Parliamentum ſcripto ſuo vocavit, &amp; ego tan<g ref="char:EOLhyphen"/>quam</hi>
major Par Regni <hi>post regem, &amp;</hi> primam
vocem habere debens <hi>in Parliamento,</hi> jura Eccleſiae
<pb n="182" facs="tcp:114881:100"/>
meae Cantuarienſis <hi>vendico, &amp; ideo ingreſſum in</hi>
Parliamentum <hi>peto</hi>
                  <note n="i" place="margin">Antiqu. B<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>itan. in Joh. Stratford.</note>, which is full and plain.
7. And laſtly, there is the Proteſtation on Re<g ref="char:EOLhyphen"/>cord
of all the Biſhops in the reign of King <hi>Richard</hi>
the 2d. at what time <hi>William Courtney</hi> was Arch-biſhop
of <hi>Canterbury:</hi> who being to withdraw
themſelves from the Houſe of <hi>Peers</hi> at the pro<g ref="char:EOLhyphen"/>nouncing
of the ſentence of death on ſome guilty
Lords, firſt made their <hi>Procurators</hi> to ſupply their
rooms, &amp; then put up their <hi>Protestation</hi> to preſerve
their Rights; the ſum whereof, for as much as
doth concern this buſineſs, in their own words
thus. <hi>De</hi> jure <hi>&amp;</hi> conſuetudine <hi>regni</hi> Angliae <hi>ad
Archiepiſcopum</hi> Cantuarienſem <hi>qui pro tempore fue<g ref="char:EOLhyphen"/>rit,
nec non coeteros</hi> Suffraganeos <hi>confratres &amp; com<g ref="char:EOLhyphen"/>patres,
Abbates &amp; Priores alioſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> Praelatos quoſcun<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
per</hi> Baroniam <hi>de domino Rege tenentes,</hi> pertinet <hi>in
Parliamentis Regis quibuſcunque,</hi> ut Pares <hi>regni prae<g ref="char:EOLhyphen"/>dicti
perſonaliter intereſſe, ibidemque de</hi> regni negotiis
<hi>ac aliis tractari conſuetis cum caeteris dicti regni</hi> Pari<g ref="char:EOLhyphen"/>bus
<hi>&amp; aliis ibidem</hi> jus intereſſendi <hi>habentibns conſu<g ref="char:EOLhyphen"/>lere
&amp; tractare, ordinare, statuere, &amp; diffinire, ac c<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e<g ref="char:EOLhyphen"/>tera
facere quae Parliamento ibidem imminent facien<g ref="char:EOLhyphen"/>da.</hi>
This put together makes enough abundantly
for the proofs <hi>de jure,</hi>
                  <note place="margin">(k) In vita Gul. Court<g ref="char:EOLhyphen"/>ney.</note> and makes the Biſhops
<hi>right</hi> to have <hi>Vote</hi> in Parliament to be undeniable:
Let us next ſee whether this <hi>right</hi> of theirs be not
confirmed and countenanced by continual pra<g ref="char:EOLhyphen"/>ctice,
and that they have not loſt it by <hi>diſcontinu<g ref="char:EOLhyphen"/>ance;</hi>
which is my ſecond kind of proofs, thoſe I
mean <hi>de facto.</hi> And firſt beginning with the reign
of the <hi>Norman Conquerour,</hi> we find a Parliament
<pb n="183" facs="tcp:114881:100"/>
aſſembled in the fifth year of that King, wherein
are preſent <hi>Epiſcopi, Abbates, Comites, &amp; Primates
totius</hi> Angliae<note n="l" place="margin">Matth. Pa<g ref="char:EOLhyphen"/>ris in Williel<g ref="char:EOLhyphen"/>mo 1.</note>, the <hi>Biſhops,</hi> Abbats, Earls, and
the reſt of the Baronage of <hi>England.</hi> In the 9th.
year of <hi>William Rufus</hi> an old Author telleth us, <hi>de
regni ſtatu acturus, Epiſcopos, Abbates, &amp; quoſcunque
Regni proceres in unum praecepti ſui ſanctione egit;</hi>
that being to conſult of the affairs of the King<g ref="char:EOLhyphen"/>dom
he called together by his writ the <hi>Biſhops,</hi>
Abbots and all the Peers of the Realm<note n="m" place="margin">Eadmer. hiſt. Nov. l. 2.</note>. Du<g ref="char:EOLhyphen"/>ring
the reign of <hi>Henry</hi> the 2d. (for we will take
but one example out of each King reign, though
each Kings reign would yield us more) a <hi>Parlia<g ref="char:EOLhyphen"/>ment</hi>
was called at <hi>London,</hi> wherein were many
things diſpatched aſwell of <hi>Eccleſiaſtical</hi> as ſecular
nature; the <hi>Biſhops</hi> and Abbats being preſent with
the other Lords. <hi>Coacto apud</hi> Londoniam <hi>magno</hi>
Epiſcoporum, <hi>&amp;. Procerum, Abbatum<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> Concili<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>, mul<g ref="char:EOLhyphen"/>ta
ecclefiasticarum &amp; ſecularium rerum ordinata nego<g ref="char:EOLhyphen"/>tia,
deciſa litigia,</hi> ſaith the Monk of <hi>Malmes<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>u<g ref="char:EOLhyphen"/>ry</hi>
                  <note n="n" place="margin">Malmesb. hiſt. reg. Angl. l. 5.</note>. And of this Parliament it is, I take it,
that <hi>Eadmer</hi> ſpeaketh, <hi>Hist. Novell. l.</hi> 4. <hi>p.</hi> 91.
Proceed we to King <hi>Henry</hi> the 2d. (for King <hi>Ste<g ref="char:EOLhyphen"/>phens</hi>
reign was ſo full of wars and tumults that
there is very little to be found of <hi>Parliaments</hi>) and
there we find the <hi>Biſhops</hi> with the other Peers con<g ref="char:EOLhyphen"/>vened
in Parliament for the determination of the
points in controverſie between <hi>Alfonſo</hi> King of
<hi>Caſtile</hi> and <hi>Sancho</hi> King of <hi>Navarre,</hi> referred by
<hi>compremiſe</hi> to that King of <hi>England,</hi> and here deter<g ref="char:EOLhyphen"/>mined
by King <hi>Henry</hi> amongſt other things, <hi>habito
cum</hi> Epiſcopis <hi>Comitibus et Baronebus cum delibera<g ref="char:EOLhyphen"/>tione
<pb n="184" facs="tcp:114881:101"/>
conſilio,</hi> as in <hi>Roger Hoveden</hi>
                  <note n="o" place="margin">Hoveden Annal. pars poſter. in Hen. 2.</note>. Next him
comes <hi>Rich.</hi> the firſt, his Son, during whoſe impri<g ref="char:EOLhyphen"/>ſonment
by the D. of <hi>Auſtria,</hi> his Brother <hi>John</hi> then
Earl of <hi>Moriton</hi> indeavoured by force and cunning
in <hi>Normandy</hi> to ſet the Crown on his own head:
which cauſed <hi>Hubert</hi> the Arch-biſhop of <hi>Canter<g ref="char:EOLhyphen"/>bury</hi>
to call a Parliament (<hi>Convocatis coram eo</hi> Epi<g ref="char:EOLhyphen"/>ſcopis,
<hi>Comitibus et Baronibus regni</hi>)<note n="p" place="margin">Id. in Joh.</note> wherein
the <hi>Biſhops,</hi> Earls, and Barons did with one con<g ref="char:EOLhyphen"/>ſent
agree to ſeize on his eſtate, and ſuppreſs his
power, the better to preſerve the Kingdom in
wealth, peace and ſafety. After ſucceeded <hi>John,</hi>
and he calls a <hi>Parliament,</hi> wherein were certain
Laws made for the defence of his Kingdom, <hi>Com<g ref="char:EOLhyphen"/>muni
aſſenſu</hi> Archiepiſcoporum, Epiſcoporum, <hi>Co<g ref="char:EOLhyphen"/>mitum,
Baronum &amp; omnium fidelium ſuo<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>um Ang<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>iae,</hi> by
the common counſell and aſſent of the <hi>Arch-bi<g ref="char:EOLhyphen"/>ſhops,
Biſhops,</hi> Earls, Barons, and the reſt of his
Leiges. (Remember what was ſaid before touch<g ref="char:EOLhyphen"/>ing
the writ of Summons in the ſaid Kings time)
From this time till the laſt Parliament of King
<hi>Charles,</hi> there is no Kings reign, of which we have
not many (though not all) the Acts of Parlia<g ref="char:EOLhyphen"/>ment
ſtill in print amongſt us. Nor is there any
Act of <hi>Parliament</hi> in the printed Books, to the en<g ref="char:EOLhyphen"/>acting
of the which the <hi>Biſhops</hi> approbation and
conſent is not plainly ſpecified, either in the ge<g ref="char:EOLhyphen"/>neral
<hi>Proeme</hi> ſet before the <hi>Acts,</hi> or in the body of
the <hi>Act</hi> it themſelf; as by the books themſelves
doth at at large appear. And to this kind of proof
may be further added the form and manner of the
writ by which the Prelates in all times have been
<pb n="185" facs="tcp:114881:101"/>
called to Parliament, being the very ſame <hi>verbatim</hi>
with that which is directed to the temporal Ba<g ref="char:EOLhyphen"/>rons,
ſave that the <hi>Spiritual</hi> Lords are commanded
to attend the ſervice, <hi>in fide &amp; dilectione,</hi> the tem<g ref="char:EOLhyphen"/>poral
<hi>in fide &amp; homagio,</hi> and of late times <hi>in fide &amp;
ligeantia.</hi> A form or copy of which ſummons as
antient as King <hi>Johns</hi> time, is ſtill preſerved upon
Record, directed <hi>nominatim</hi> to the Arch-biſhop
of <hi>Canterbury</hi>
                  <note n="r" place="margin">V. Titles of hon. pt. 2. c. 5.</note>; and then a <hi>ſcriptum eſt ſimiliter</hi>
to the reſidue of the <hi>Biſhops,</hi> Abbats, Earls, and
Barons. Then adde the <hi>Privilege</hi> of Parliament for
themſelves and their ſervants, during the time of
the <hi>Seſsions;</hi> the liberty to <hi>kill, and take one or two of the
Kings Deer as they paſs by any of his Forests in coming
to the</hi> Parliament <hi>upon his commandement</hi>
                  <note n="s" place="margin">Charta de Foreſta cap.</note>; their
enjoying of the ſame immunities, which are and
have been heretofore enjoyed by the <hi>Temporal</hi> Ba<g ref="char:EOLhyphen"/>rons
<note n="t" place="margin">Cambden in Britannia.</note>: and tell me if the Biſhops did not ſit in
<hi>Parliament</hi> by as good a title, and have not ſate
there longer by ſome hundreds of years in their
<hi>Predeceſſours,</hi> as or than any of the <hi>Temporal</hi> Lords
do ſit or have ſat there in their <hi>Progenitours;</hi> and
therefore certainly <hi>eſſential, fundamental</hi> parts of
the Court of Parliament.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VIII"/> 8. But againſt this it is objected, firſt, that
ſome <hi>Acts</hi> have paſſed in <hi>Parliament,</hi> to which
the <hi>Prelates</hi> did not <hi>vote,</hi> nor could be preſent in
the Houſe when the Bill was paſſed; as in the
ſentencing to death or mutilation of a guilty per<g ref="char:EOLhyphen"/>ſon:
as doth appear both by the laws &amp; conſtituti<g ref="char:EOLhyphen"/>ons
recognized at <hi>Clarendon,</hi> and the following pra<g ref="char:EOLhyphen"/>ctice<g ref="char:punc">▪</g>
                  <pb n="186" facs="tcp:114881:102"/>
This hath been touched on before, &amp; we told
you then, that this reſtraint was laid upon them,
not by the Common law of <hi>England,</hi> or any <hi>Act</hi>
or <hi>Ordinance</hi> of the Houſe of <hi>Peers,</hi> by which they
were diſabled to attend that ſervice. It was their
own voluntary Act, none compelled them to it,
but only out of a conformity to ſome former Ca<g ref="char:EOLhyphen"/>nons
(<hi>ad ſanctorum Canonum inſtituta</hi>
                  <note n="x" place="margin">Antiqu. Brit. in Gul. Courtney.</note>, as their
own words are) by which it was not lawfull for
the <hi>Clergy men</hi> to be either Judges or Aſſeſſors in
<hi>cauſa Sanguinis</hi>
                  <note n="y" place="margin">Conſtitut. Othobon. fol. 45.</note>. And yet they took ſuch care
to preſerve their Intereſts, that they did not only
give their <hi>Proxies</hi> for the repreſenting of their
perſons, but did put up their <hi>Proteſtation</hi> with a
<hi>ſalvo jure</hi> for the preſerving of their rights for the
time to come: <hi>jure</hi> Paritatis <hi>&amp; intereſſendi in dicto</hi>
Parliamento<note n="z" place="margin">Antiqu. Britan. in Gul. Courtney.</note> 
                  <hi>quoad omnia &amp; ſingula ibi excer<g ref="char:EOLhyphen"/>cenda
in omnibus ſemper ſalvo,</hi> as the manner was.
Examples of the which are as full and frequent,
as their withdrawing themſelves on the ſaid occa<g ref="char:EOLhyphen"/>ſions.
But then the main objection is, that as
ſome Acts have paſſed in Parliament <hi>abſentibus
Praelatis,</hi> when the <hi>Biſhops</hi> did abſent themſelves
of their own accord; ſo many things have been
tranſacted in the <hi>Parliament excluſo Clero,</hi> when the
<hi>Clergy</hi> have been excluded or put out of the Houſe
by ſome <hi>Act</hi> or <hi>Ordinance.</hi> A <hi>precedent</hi> for this
hath been found and publiſhed by ſuch as envi<g ref="char:EOLhyphen"/>ed
that poor remnant of the Churches honour:
though poſſibly they will find themſelves decei<g ref="char:EOLhyphen"/>ved
in their greateſt hope, and that the evidence
will not ſerve to evince the cauſe. The Author
<pb n="187" facs="tcp:114881:102"/>
of the Pamphlet entituled, <hi>The Prerogative and pra<g ref="char:EOLhyphen"/>ctice
of Parliaments,</hi> firſt laying down his <hi>Tenet,</hi>
that many good <hi>Acts</hi> of <hi>Parliament</hi> may be made
though the Arch-biſhops and Biſhops ſhould not
conſent unto them<note n="a" place="margin">Printed at London. 1628. p. 37.</note> (which is a point no man
doubts of, conſidering how eaſily their <hi>negative</hi>
may be over-ruled by the far greater number in
the Houſe of <hi>Peers</hi>) adds, that at a Parliament hold<g ref="char:EOLhyphen"/>en
at <hi>S. Edmundsbury</hi> 1196 in the reign of <hi>Ed:</hi> 1. a
Statute was made by the King, the Barons, and the
Commons, <hi>Excluſo Clero,</hi> &amp; for the proof herof refers
us unto Biſhop <hi>Jewell.</hi> Now Biſhop <hi>Jewell</hi> ſaith in<g ref="char:EOLhyphen"/>deed,
<q rend="inline margQuotes">"that in a <hi>Parliament</hi> ſolemnly holden at
St. <hi>Edmunsbury</hi> by King <hi>Edward</hi> 1. <hi>Anno</hi> 1296.
the <hi>Arch-biſhops</hi> and <hi>Biſhops</hi> were quite ſhut
forth, and yet the <hi>Parliament</hi> held on, and good,
and wholſome laws were there enacted, the de<g ref="char:EOLhyphen"/>parting
or abſence of the Lords <hi>Spiritual</hi> not<g ref="char:EOLhyphen"/>withſtanding
<note n="b" place="margin">Defence of the Apolog. pt. 6. c. 2. §. 1.</note>. In the Records whereof it is
written thus, <hi>Habito Rex cum Baronibus ſuis Parli<g ref="char:EOLhyphen"/>amento,
&amp;</hi> Clero excluſo <hi>ſtatutum eſt,</hi> &amp;c. the
King keeping the Parliament with his Barons,
the <hi>Clergy</hi> (that is to ſay, the <hi>Arch-biſhops,</hi> and
<hi>Biſhops</hi>) being ſhut forth, it was enacted, <hi>&amp;c.</hi>"</q>
Wherein who doth not ſee, if he hath any eyes,
that by this reaſon (if the proof be good) many
good Acts of <hi>Parllament</hi> may be made, though the
<hi>Commons</hi> either out of abſence or oppoſition
ſhould not conſent unto them? of whoſe conſent
unto that Statute (whatſoever it was) there is as
little to be found in that <hi>Record,</hi> as the concur<g ref="char:EOLhyphen"/>rence
of the <hi>Biſhops.</hi> But for Anſwer unto ſo much
<pb n="188" facs="tcp:114881:103"/>
of this Record ſo often ſpoke of and applauded as
concerns the Biſhops, we ſay, that this (if truly
ſenced as I think it be not) was the particular act
of an angry and offended King againſt his <hi>Clergy,</hi>
not to be drawn into example as a proof or Argu<g ref="char:EOLhyphen"/>ment
againſt a moſt clear, known, and undoubted
right. The caſe ſtood thus, A Conſtitution had
been made by <hi>Boniface</hi> the 8th. <hi>Ne aliqua collecta ex
eccleſiaſticis proventibus</hi> Regi <hi>aut cuivis alii Principi
concedatur</hi>
                  <note n="c" place="margin">Matth. Weſtm. in Edw. 1.</note>, that <hi>Clergy men</hi> ſhould not pay any
tax or tallage unto Kings or Princes out of their
<hi>Spiritual</hi> preferments, without the leave of the
Pope: under pretence whereof the <hi>Clergy</hi> at this
Parliament at S. <hi>Edmundsbury,</hi> refuſed to be con<g ref="char:EOLhyphen"/>tributory
to the Kings occaſions, when the Lay-Members
of the Houſe had been forwards in it.
The King being herewith much offended, gives
them a further day to confider of it, adjourning
the <hi>Parliament</hi> to <hi>London,</hi> there to begin on the
morrow after S. <hi>Hilaries</hi> day; and in the mean
time commanded all their Barns to be faſt ſealed
up. The day being come, and the <hi>Clergy</hi> ſtill
perſiſting in their former obſtinacy, <hi>excluſo e Par<g ref="char:EOLhyphen"/>liamento
Clero Conſilium Rex cum ſolis</hi> Baronibus <hi>&amp;


populo habuit, totumque statim</hi> Clerum <hi>protectione ſua
privavit</hi>
                  <note n="d" place="margin">Antiqu. Brit. in R. Winchelſey.</note>; the King (ſaith the Hiſtorian) exclu<g ref="char:EOLhyphen"/>ding
the <hi>Clergy</hi> out of the Parliament, adviſed
with his <hi>Barons</hi> and his people only, what was
beſt to be done, by whoſe adviſe he put the <hi>Cler<g ref="char:EOLhyphen"/>gy</hi>
out of his protection, and thereby forced them
to conform to his will and pleaſure. This is the
<hi>ſumma totalis</hi> of the buſineſs, and comes unto no
<pb n="189" facs="tcp:114881:103"/>
more but this, that a particular courſe was ad<g ref="char:EOLhyphen"/>viſed
in Parliament on a particular diſpleaſure
taken by the King againſt the body of his <hi>Clergy</hi>
then convened together, for their particular refu<g ref="char:EOLhyphen"/>ſal
to contribute to his wants &amp; wars, the better to
reduce them to their natural duty. Which makes
not any thing at all againſt the right of Biſhops
in the Houſe of <hi>Peers,</hi> or for excluding them that
Houſe, or for the validity of ſuch Acts as are
made in Parliament during the time of ſuch ex<g ref="char:EOLhyphen"/>cluſion:
eſpecially conſidering that the King
ſhortly after called his <hi>States</hi> together, and did ex<g ref="char:EOLhyphen"/>cuſe
himſelf for many extravagant Acts which
he had committed<note n="e" place="margin">Walſing<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>, in Edw. 1. anno 1297.</note> againſt the liberties of the
Subject (whereof this was one) laying the blame
thereof on his great occaſions, and the neceſſities
which the wars which he had abroad, did impoſe
upon him. And ſo much as in Anſwer unto that
Record, ſuppoſing that the words thereof be
rightly ſenced, as I think they are not, and that
by <hi>Clerus</hi> there we are to underſtand <hi>Arch-biſhops</hi>
and <hi>Biſhops,</hi> as I think we be not, there being no
Record (I dare boldly ſay it) either of Hiſtory
or Law, in which the word <hi>Clerus</hi> ſerves to ſigni<g ref="char:EOLhyphen"/>fie
the <hi>Arch-biſhops,</hi> and <hi>Biſhops,</hi> excluſive of the
other <hi>Clergy;</hi> or any writing whatſoever, wherein
it doth not either ſignifie the whole <hi>Clergy</hi> gene<g ref="char:EOLhyphen"/>rally,
or the <hi>inferiour Clergy</hi> only excluſive of
the Arch-biſhops, Biſhops, and other Prelates.
Therefore in anſwer unto that ſo much applau<g ref="char:EOLhyphen"/>ded
Cavil of <hi>Excluſo Clero,</hi> from what Record ſoe<g ref="char:EOLhyphen"/>ver
it either hath been hitherto or ſhall hereaf<g ref="char:EOLhyphen"/>ter
<pb n="190" facs="tcp:114881:104"/>
be produced, I ſhall propoſe it to the conſide<g ref="char:EOLhyphen"/>ration
of the ſober Reader, whether by <hi>Clerus</hi>
in that place, or in any other of that kind and
time, we muſt not underſtand the <hi>in<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>eriour Clergy,</hi>
as they ſtand diſtinguiſhed in the Laws from my
Lords the Biſhops. For howſoever it be true, that
<hi>Clerus</hi> in the <hi>eccleſiaſtical</hi> notion of the word doth
ſignifie the whole <hi>Clergy</hi> generally, Arch-bi<g ref="char:EOLhyphen"/>ſhops,
Biſhops, Prieſts, and Deacons: yet in the
<hi>legal</hi> notion of it, it ſtands diſtinguiſhed from the
<hi>Prelates,</hi> and ſignifieth only the <hi>inferiour Clergy.</hi>
Thus do we find the <hi>Eccleſiaſticks</hi> of this Realm
divided into <hi>Prelates, men of Religion, and other
Clerks,</hi> 3. <hi>Edw.</hi> 1. c. 1. the <hi>Seculars</hi> either into
<hi>Prelates</hi> and <hi>Clerks,</hi> 9 <hi>Edw.</hi> 2. c. 3. 1 <hi>Rich.</hi> 2. c.
3. or <hi>Prelates</hi> and <hi>Clerks beneficed,</hi> 18 <hi>Edw.</hi> 3. c. 2.
or generally into the <hi>Prelates</hi> and the <hi>Clergy,</hi> 9
<hi>Edw.</hi> 2. c. 15. 14 <hi>Edw.</hi> 3. c. 1, &amp; 3. 18 <hi>Edw.</hi> 3.
2. 7. &amp; 25 <hi>Edw.</hi> 3. 2. 4. &amp; 8 <hi>Hen.</hi> 6. c. 1. and in
all acts and grants of Subſidies, made by the
<hi>Clergy</hi> to the Kings or Queens of <hi>England</hi> ſince
the 32 of <hi>Henry</hi> 8. (when the <hi>Clergy</hi> ſubſidies
firſt began to be confirmed by act of Parliament)
So alſo in the <hi>Latin</hi> ideom, which comes neer<g ref="char:EOLhyphen"/>eſt
home, <hi>Nos Praelati &amp; Clerus</hi> in the ſubmiſſion of
the <hi>Clergy</hi> to King <hi>Henry</hi> 8.<note n="f" place="margin">Regiſt. Wa<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ham.</note>, and in the ſentence
of divorce againſt <hi>Anne</hi> of <hi>Cleve</hi>
                  <note n="g" place="margin">Regiſt. Cranmer.</note>, and in the
inſtrument of the grant of the <hi>Clergy</hi> ſubſidies
preſented to the Kings of <hi>England</hi> ever ſince the
27 of Queen <hi>Elizabeth,</hi> and in the form of the
Certificates (per<note n="h" place="margin">Statut. 8 Eliz. c. 17. &amp; ever ſince.</note> 
                  <hi>Praelat<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>s &amp; Clerum</hi>) returned
by every Biſhop to the Lord High Treaſurer, and
<pb n="191" facs="tcp:114881:104"/>
finally, <hi>Nos Epiſcopi &amp;</hi> Clerus <hi>Cantuarienſis Pro<g ref="char:EOLhyphen"/>vinciae
in hac Synodo more noſtro ſolito dum Regni</hi> Par<g ref="char:EOLhyphen"/>liamentum
<hi>celebratur, congregati</hi>
                  <note n="i" place="margin">Stat. 1 Phil. &amp; Mar. c. 8.</note>, in the petition
to K. K. <hi>Phillip</hi> and <hi>Mary,</hi> about the confirmati<g ref="char:EOLhyphen"/>on
of the Abby lands to the Patentees. So that
though many Statutes have been made in theſe
later times, <hi>excluſo Clero,</hi> the Clergy (that is. to
ſay the inferiour <hi>Clergy</hi>) being quite ſhut out, and
utterly excluded from thoſe publick Counſails;
yet this proves nothing to the point that auy act
of Parliament hath been counted good to which
the <hi>Biſhops</hi> were not called, or at the making of
which Act they either were <hi>ſhut out</hi> by force, or
excluded by cunning. As for <hi>Kilbancies</hi> book
which that Author ſpeaks of<note n="k" place="margin">Prer<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>g. &amp; pract. of Pa<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>l. p. 38.</note>, in which the Ju<g ref="char:EOLhyphen"/>ſtices
are made to ſay 7 <hi>H.</hi> 8. that <hi>our Soveraign</hi>
Lord the King <hi>may well hold his</hi> Parliament <hi>by him
and his</hi> Temporal <hi>Lords, and by the</hi> Commons <hi>alſo,
without the</hi> Spiritual Lords, <hi>for that the</hi> Spiritual
Lords <hi>have not any place in the</hi> Parliament <hi>chamber
by reaſon of their</hi> Spiritualties, <hi>but by reaſon of their</hi>
Temporal <hi>poſſeſsions:</hi> beſides that it is only the
opinion of a privat man, of no authority or cre<g ref="char:EOLhyphen"/>dit
in the Common wealth, and contrary to the
practice in the <hi>Saxon</hi> times in which the Biſhops
ſate in Parliament as <hi>Spiritual</hi> perſons, not as
<hi>Barons;</hi> the reaſon for ought I can ſee, will ſerve
as well to pretermit all or any of the <hi>Temporal</hi>
Lords, as it can ſerve to pretermit or exclude the
Biſhops, the <hi>Temporal</hi> Lords being called to Parli<g ref="char:EOLhyphen"/>ament
on no other ground, than for the <hi>Temporal</hi>
poſſeſsions which they hold by <hi>Barony.</hi>
               </p>
               <p>
                  <pb n="192" facs="tcp:114881:105"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="IX"/> 9. If it be ſaid that my ſecond anſwer to the
argument of <hi>Excluſo Clero</hi> ſuppoſeth that the <hi>infe<g ref="char:EOLhyphen"/>riour
<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>lergy</hi> had ſome place in <hi>Parliament,</hi> which
being not to be ſuppoſed makes the Anſwer void:
I ſhall crave leave to offer ſome few obſervations
unto the conſideration of the ſober and impartial
Reader, by which I hope to make that ſuppoſi<g ref="char:EOLhyphen"/>tion
probable, and perhaps demonſtrative. Firſt
then we have that famous Parliament (call it
<hi>Concilium magnum,</hi> or <hi>Concilium commune,</hi> or by
what other name ſoever the old writers called it)
ſummoned by King <hi>Ethelbert,</hi> anno 605. which
my<note n="l" place="margin">Concil. Hen. Spelm.</note> Author calleth <hi>Commune concilium tam Cleri
quam Populi,</hi> where <hi>Clerus</hi> comprehendeth the bo<g ref="char:EOLhyphen"/>dy
of the <hi>Clergy</hi> generally, aſwell the <hi>Presbyters,</hi>
as the <hi>Biſhops;</hi> as the word <hi>populus</hi> doth the lay-ſubject
generally, as well <hi>Lords</hi> as <hi>Commons;</hi> or
elſe the Lords and Commons one of the two muſt
be needs left out. And in this ſenſe we are to
underſtand theſe words in the latter times, as
where we read that <hi>Clerus</hi>
                  <note n="m" place="margin">Matth. Paris<g ref="char:punc">▪</g> in Hen. 1.</note> 
                  <hi>Angliae &amp; populus
Vniverſus</hi> were ſummoned to appear at <hi>Weſtmin<g ref="char:EOLhyphen"/>ſter,</hi>
at the Coronation of King <hi>Henry</hi> the firſt,
where divers Laws were made and declared, ſub<g ref="char:EOLhyphen"/>ſcribed
by the <hi>Arch-biſhops, Biſhops,</hi> and others of
the principal perſons that were there aſſembled:
that <hi>Clero &amp; populo convocato</hi>
                  <note n="n" place="margin">Rog. Hov. in Hen<g ref="char:punc">▪</g> 2.</note>, the <hi>Clergy</hi> and
people of the Realm were called to <hi>Clarendon,</hi>
anno 1163. by King <hi>Henry</hi> the ſecond, for the de<g ref="char:EOLhyphen"/>claring
and confirming of the Subjects liberties:
that in the year 1185 towards the later end of
<pb n="193" facs="tcp:114881:105"/>
the ſaid Kings reign, <hi>Convocatus est</hi> Clerus <hi>&amp; po<g ref="char:EOLhyphen"/>pulus
cum tota Nobilitate ad fontem Clericorum</hi>
                  <note n="o" place="margin">Matth. pa<g ref="char:EOLhyphen"/>ris in Hen. 2.</note>, the
<hi>Clergy,</hi> Commons, and Nobility were called un<g ref="char:EOLhyphen"/>to
the Parliament held at <hi>Clerkenwell:</hi> and final<g ref="char:EOLhyphen"/>ly
that a Parliament was called at <hi>London,</hi> in
which the Arch-biſhop of <hi>Canterbury</hi> was preſent,
<hi>cum toto Clero &amp; tota ſecta Laicali</hi>
                  <note n="p" place="margin">Quadri<g ref="char:EOLhyphen"/>log. ap. Selden Tit. of Hon. pt. 2. c. 5.</note>, in the time of
King <hi>John.</hi> Hitherto then the <hi>Clergy</hi> of both
ranks and orders, as well as <hi>Populus</hi> or <hi>tota ſecta
Laicalis,</hi> the Subjects of the <hi>Laity,</hi> or the Lords and
Commons, had their place in <hi>Parliament.</hi> And
in poſſeſſion of this right the <hi>Clergy</hi> ſtood when
the <hi>Magna Charta</hi> was ſet out by King <hi>Henry</hi> the
3d, wherein the freedoms, rights, and privileges
of the Church of <hi>England</hi> (of which this evident<g ref="char:EOLhyphen"/>ly
was one) was confirmed unto her<note n="q" place="margin">Magna Charta cap. 1.</note>: of the
irrefragable and <hi>inviolable</hi> authority whereof we
have ſpoke before. The Cavill of <hi>Excluſo
Clero</hi> which hath been uſed againſt the voting of
the Biſhops in the houſe of <hi>Peers,</hi> comes in next
for proof, that the <hi>inferiour Clergy</hi> had their place
or <hi>vote</hi> with the houſe of Commons; (if in thoſe
times the Lords and Commons made two hou<g ref="char:EOLhyphen"/>ſes,
which I am not ſure of) the <hi>Clergy</hi> could not
be excluded in an angry fit, or out of a particular
deſign to deprive them of the benefit of the Kings
protection; if they had not formerly a place a<g ref="char:EOLhyphen"/>mongſt
them: &amp; if we will not underſtand by <hi>Cle<g ref="char:EOLhyphen"/>rus,</hi>
the inferior <hi>Clergy,</hi> which much about that time
(as before we ſhewed) began to be the <hi>leg<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>l Engliſh</hi>
of the word; we muſt needs underſtand the whole
<hi>Clergy</hi> generally, the <hi>Clergy</hi> of both ranks and or<g ref="char:EOLhyphen"/>ders.
<pb n="194" facs="tcp:114881:106"/>
But our main proofs are yet to come, which
are theſe that follow. Firſt it is evident that
antiently the <hi>Clergy</hi> of each ſeveral <hi>Dioceſe</hi> were
chargeable by Law for the expences of their <hi>Pro<g ref="char:EOLhyphen"/>ctors</hi>
in attending the ſervice of the Parliament;
according as the <hi>Counties</hi> were by <hi>Common law</hi>
(ſince confirmed by Statute 23 <hi>H.</hi> 6. <hi>c.</hi> 11.) to
bear the charges of their Knights, the Burroughs
and Cities of their <hi>Repreſentees:</hi> which queſtion<g ref="char:EOLhyphen"/>leſs
the Laws had not taken care for, but that the
<hi>Clergy</hi> had their place in Parliament, as the <hi>Com<g ref="char:EOLhyphen"/>mons</hi>
had. And this appears by a Record<note n="z" place="margin">Rotul. Parent. 26 Ed. 3. pt. 1. M. 22.</note> of
26 of King <hi>Edward</hi> the 3d. in which the Abbat
of <hi>Leieeſter</hi> being then, but never formerly com<g ref="char:EOLhyphen"/>manded
to attend in Parliament, amongſt others
of the <hi>Regular Prelates;</hi> petitioned to be diſchar<g ref="char:EOLhyphen"/>charged
from that attendance, in regard he held
in <hi>Frank-Almoigne</hi> only, by no other tenure.
Which he obtained upon this condition, <hi>ut ſemper
in</hi> Procuratores <hi>ad hujuſmodi</hi> Parliamenta <hi>mittendot
conſentiat, &amp;, ut moris est, eorundem</hi> expenſis <hi>con<g ref="char:EOLhyphen"/>tribuat,</hi>
that is to ſay, that he and his Succeſſors
did give their voyces in the choyſe of ſuch <hi>Procu<g ref="char:EOLhyphen"/>ratours,</hi>
as the <hi>Clergy</hi> were to ſend to <hi>Parliament,</hi>
and did contribute towards their charges as the
cuſtom was. Next in the <hi>Modus tenendi Parliamen<g ref="char:EOLhyphen"/>tum,</hi>
which before we ſpake of, there is <hi>amodus con<g ref="char:EOLhyphen"/>vocandi</hi>
Clerum <hi>Angliae ad Parl. Regis</hi>
                  <note n="r" place="margin">Modus te<g ref="char:EOLhyphen"/>nendi Parl. M<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</note>, a form
of calling the <hi>Engliſh Clergy</hi> (that is the <hi>Prelates</hi> &amp;
<hi>Clergy</hi> as <hi>John Selden</hi> (<hi>e</hi>) renders it) to the Court of
Parliament: ſaid to be uſed in the time of <hi>Edward</hi>
the Son of <hi>Ethelred,</hi>
                  <note place="margin">(<hi>s</hi>) V. Titles of hon. pt. 2.</note> preſented to the <hi>Conquerour,</hi>
                  <pb n="195" facs="tcp:114881:106"/>
and by him obſerved: which ſhews the <hi>Clergy</hi> in
thoſe times had their place in Parliament.
Which being but a general inference ſhall be de<g ref="char:EOLhyphen"/>livered
more particularly from the <hi>Modus</hi> it ſelf,
which informs us thus, <hi>Rex eſt caput, principum &amp;
finis Parliamenti, &amp;c.</hi>
                  <note n="t" place="margin">Modus te<g ref="char:EOLhyphen"/>nendi Parl. Ms. c. 12.</note> 
                  <q rend="inline margQuotes">"The King is the head, the
beginning and end of the <hi>Parliament,</hi> and ſo he
hath not any equal in the firſt degree; the ſe<g ref="char:EOLhyphen"/>cond
is of <hi>Arch-biſhops, Biſhops,</hi> and Priors, and
Abbats holding by Barony; the third is of <hi>Pro<g ref="char:EOLhyphen"/>curators</hi>
of the <hi>Clergy;</hi> the fourth of Earls, Ba<g ref="char:EOLhyphen"/>rons,
and other Nobles; the fifth is of
Knights of the Shire; the ſixt of Citizens and
Burgeſſes: and ſo the whole Parliament is
made up of theſe ſix degrees."</q> But the ſaid
<hi>Modus</hi> tells us more, and goeth more particular<g ref="char:EOLhyphen"/>ly
to work than ſo. For in the ninth chapter,
ſpeaking of the courſe which was obſerv'd in can<g ref="char:EOLhyphen"/>vaſſing
hard and difficult matters, it telleth us that
they uſed to chooſe 25 out of all degrees, (like
a grand Committee) to whoſe conſideration they
referred the point; that is to ſay, two <hi>Biſhops,</hi>
and three <hi>Proctors for the Clergy,</hi> two Earls, three
Barons, five Knights, five Citizens, and as many
Burgeſſes. And in the 12th. that on the fourth
day of the Parliament the Lord <hi>high Steward,</hi> the
Lord <hi>Conſtable,</hi> and the Lord <hi>Marſhal</hi> were to call
the houſe, every degree or rank of men in its ſe<g ref="char:EOLhyphen"/>veral
Order; and that if any of the <hi>Proctors of the
Clergy</hi> did not make appearance, the <hi>Biſhop of the</hi>
Dioceſe was to be fined 100 <hi>l.</hi> And in the 23d.
chapter it is ſaid expreſly, that as the Knights,
<pb n="196" facs="tcp:114881:107"/>
Citizens, &amp; Burgeſſes in things which do concern
the <hi>Commons</hi> have more authority than all the
Lords; ſo the <hi>Proctors for the Clergy,</hi> in things
which do concern the <hi>Clergy,</hi> have more authori<g ref="char:EOLhyphen"/>ty
than all the Biſhops. Which <hi>Modus</hi> if it be
as antient as the <hi>Norman</hi> Conquerour, as both
Sir <hi>Edward Coke</hi> conceiveth<note n="u" place="margin">Preface to the 9th. part of Reports.</note>, and the title signi<g ref="char:EOLhyphen"/>eth,
it ſheweth the <hi>Clergies</hi> claim to a place in
Parliament to be more antient than the <hi>Commons</hi>
can pretend unto: but if no older than the reign
of King <hi>Edward</hi> third, as confidently is affirmed
in the <hi>Titles of Honour</hi>
                  <note n="x" place="margin">Titles of hon. pt 2. c. 5.</note>, if ſheweth that in the
uſage of thoſe later times the <hi>Procurators</hi> of the
<hi>Clergy</hi> had a right and place there as well as Ci<g ref="char:EOLhyphen"/>tizens
and Burgeſſes, or the Knights of the Shires.
And this is further proved by the <hi>writs of Summons</hi>
directed to the <hi>Arch-biſhops</hi> and <hi>Biſhops,</hi> for their
own comming to the Parliament; in the end
whereof there is a clauſe for warning the <hi>Dean</hi>
and <hi>Chapter</hi> of their <hi>Cathedralls,</hi> and the <hi>Arch-dea<g ref="char:EOLhyphen"/>cons</hi>
with the whole <hi>Clergy</hi> to be preſent at it, that
is to ſay the <hi>Deans</hi> and <hi>Arch-deacons</hi> perſonally,
the <hi>Chapter</hi> and <hi>Clergy</hi> in their <hi>Proctours,</hi> then and
there to <hi>conſent</hi> to ſuch Acts and Ordinances as
ſhall be made by the <hi>Common counſail</hi> of the
Kingdom. The whole clauſe word for word is
this<note n="y" place="margin">Extant ibid. pt. 2. c. 5.</note>, <hi>Praemunientes</hi> Priorem &amp; Capitulum (or
<hi>Decanum &amp; Capitulum</hi> as the caſe might vary)
<hi>Eccleſiae veſtrae N. ac</hi> Archidiacanos <hi>totumque</hi> Cle<g ref="char:EOLhyphen"/>rum
<hi>veſtrae Dioceſeos, quod iidem</hi> Decanus <hi>&amp;</hi> Archi<g ref="char:EOLhyphen"/>chidiaconi
<hi>in propriis perſonis ſuis, ac dictum</hi> Capi<g ref="char:EOLhyphen"/>tulum
<hi>per unum, idemque</hi> Clerus <hi>per duos</hi> Procura<g ref="char:EOLhyphen"/>tores
<pb n="197" facs="tcp:114881:107"/>
                  <hi>idoneos plenam &amp; ſufficientem potestatem ab ip<g ref="char:EOLhyphen"/>ſis</hi>
Capitulo <hi>&amp;</hi> Clero <hi>habentes, praedicto die &amp; loco
perſonaliter interſint, ad</hi> conſentiendum <hi>iis quae tunc
ibidem de communi conſilio ipſius Regni noſtri divina
favente clementia contigerit ordinari.</hi> Which clauſe
being in the Writs of King <hi>Edward</hi> 1. and for the
moſt part of the reign of his next Succeſſors<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>,
till the middle of King <hi>Richard</hi> the ſecond, at
which time it began to be fixt and formal; hath
ſtill continued in thoſe writs (<hi>without any diffe<g ref="char:EOLhyphen"/>rence
almoſt between the Syllables</hi>) <hi>to this very day</hi>
                  <note n="z" place="margin">Id. ibid.</note>.
Now that this clauſe was more than <hi>Verbal,</hi> and
that the <hi>Proctors</hi> of the <hi>Clergy</hi> did attend in <hi>Parlia<g ref="char:EOLhyphen"/>ment,</hi>
is evident by the Acts and Statutes of King
<hi>Richard</hi> the ſecond: the paſſages whereof I ſhall
cite at large, the better to conclude what I have
in hand. The Duke of <hi>Gloceſter</hi> and the Earl of
<hi>Arundel</hi> having got the maſtery of the King, ob<g ref="char:EOLhyphen"/>tained
a Commiſſion directed to themſelves and
others of their nomination, <hi>to have the rule of the
King and his Realm</hi>
                  <note n="a" place="margin">Statur 21 R. 2. c. 2.</note>: and having their Com<g ref="char:EOLhyphen"/>miſsion
confirmed by Parliament, in the 11 year
of his reign, did execute divers of his Friends and
Miniſters, and ſeized on their Eſtates as forfeit<g ref="char:EOLhyphen"/>ed.
But having got the better of his head-ſtrong
and rebellious Lords, in the one and twentieth
of his reign he calls a <hi>Parliament,</hi> in the Acts
whereof it is declared, <q rend="inline margQuotes">"That <hi>on the Petition of the</hi>
Commons, <hi>of the aſſent of all the Lords</hi> Spiritual
<hi>and</hi> Temporal, <hi>and of the</hi> Proctors <hi>of the</hi> Clergy,
<hi>he repealed the ſaid Statute and Commiſsion</hi>
                     <note n="b" place="margin">Ibid. c. 2.</note>,
<hi>and with the aſſent of the ſaid</hi> Lords <hi>and</hi> Com<g ref="char:EOLhyphen"/>mons
<pb n="198" facs="tcp:114881:108"/>
                     <hi>did ordain and eſtabliſh that no ſuch Commiſ<g ref="char:EOLhyphen"/>ſion
nor the like be henceforth purchaſed, purſued or
made.</hi> This done, the heirs of ſuch as had
been condemned by vertue of the ſaid Com<g ref="char:EOLhyphen"/>miſsion,
demanded reſtitution of their Lands
and Honors. <hi>And thereupon the Lords</hi> Spiritual
<hi>and</hi> Temporal, <hi>and the</hi> Procuratours <hi>of the</hi> Cler<g ref="char:EOLhyphen"/>gy
(<hi>the</hi> Commons <hi>having prayed to the King before
as the</hi> Appellants <hi>prayed</hi>) <hi>ſeverally examined did
aſſent expreſly that the ſaid</hi> Parliament <hi>and all the
Statutes, &amp;c. ſhould be voyd, &amp;c. and reſtitution
made as afore is ſaid.</hi>
                     <note n="c" place="margin">Ibid. c. 12.</note> 
                     <hi>And alſo the Lords</hi> Spi<g ref="char:EOLhyphen"/>ritual
<hi>and</hi> Temporal, <hi>the</hi> Procuratours of the
Clergy, <hi>and the ſaid</hi> Commons were <hi>ſeverally
examined of the Questions propoſed at</hi> Notingham,
<hi>and of the Anſwer which the</hi> Judges <hi>made unto the
ſame:</hi> which being read aſwell before the King
and the Lords, <hi>as</hi> before the Commons, <hi>it was
demanded of all the</hi> States <hi>of the Parliament, what
they thought of the</hi> Anſwers, and they ſaid that
they were lawfully &amp; duly made, &amp;c. And then
it followeth, <hi>whereupon the King, by the aſſent of the
Lords</hi> Spiritual <hi>and</hi> Temporal, <hi>and the</hi> Procura<g ref="char:EOLhyphen"/>tours
<hi>of the</hi> Clergy <hi>and the ſaid</hi> Commons, <hi>and
by the adviſe of the</hi> Juſtices <hi>and</hi> Sergeants, <hi>afore<g ref="char:EOLhyphen"/>ſaid</hi>
(who had been asked their opinion in point
of Law) <hi>ordained and eſtabliſhed that the ſaid</hi>
Parliament <hi>ſhould be annulled and held for none.</hi>"</q>
Adde unto this that paſſage in the 9 of <hi>Edward</hi> 2.
where it is ſaid, that <hi>many Articles containing
divers grievances committed againſt the Church of</hi>
England, <hi>the</hi> Prelates <hi>&amp;</hi> Clergy, <hi>were propounded by
<pb n="199" facs="tcp:114881:108"/>
the</hi> Prelates <hi>and</hi> Clerks <hi>of our Realm, in Parliament,
and great inſtance made that convenient remedy might
be appointed therein</hi>
                  <note n="d" place="margin">Proem ad articulos Cl<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                     <g ref="char:EOLhyphen"/>ri.</note>: that of the complaints
made to the King in Parliament by the <hi>Prelates
and Clergy</hi> of this Realm, 50 <hi>Ed.</hi> 3. 5. &amp; 8 <hi>Rich.</hi>
2. <hi>c.</hi> 13. and that of the <hi>Petition delivered to the King
in Parliament by the Clergy of England,</hi> 4 Hen. 4. c. 2.<note place="margin">Selden hiſt. of Tithes. c. 8. 33.</note>
And finally that memorable paſſage in the Parli<g ref="char:EOLhyphen"/>ment,
51 <hi>Edw.</hi> 3. which in brief was this. The
<hi>Commons</hi> finding themſelves agrieved aſwell
with certain <hi>Conſtitutions</hi> made by the <hi>Clergy</hi> in
their Synods, as with ſome laws or <hi>Ordinances</hi>
which were lately paſſed, more to the advantage
of the Clergy than the Common people, put in a
Bill to this effect, <hi>viz.</hi> 
                  <q rend="inline margQuotes">"That no Act nor Ordi<g ref="char:EOLhyphen"/>nance
ſhould from thenceforth be made or
granted on the Petition of the ſaid Clergy,
without the conſent of Commons; and that the
ſaid Commons ſhould not be bound in times to
come, by any conſtitutions made by the Clergy
of this Realm, for their own advantage, to which
the Commons of this Realm had not given con<g ref="char:EOLhyphen"/>ſent."</q>
The reaſon of the which is this (and
'tis worth the marking) <q rend="inline margQuotes">"<hi>car eux ne veullent estre
obligez a nul de vos eſtatuz ne Ordinances faitz ſanz
leur aſſent,</hi> becauſe the ſaid Clergy did not think
themſelves bound, (as indeed they were not in
thoſe times) by any Statute, Act, or Ordi<g ref="char:EOLhyphen"/>nance,
made without their Aſſent in the Court
of Parliament."</q> Which clearly ſhews that in
thoſe times the Clergy had their place in Parlia<g ref="char:EOLhyphen"/>ment
as the Commons had. Put all which hath
<pb n="100" facs="tcp:114881:109"/>
been ſayd together, and tell me if it be not cleer
and evident that the <hi>inferiour Clergie</hi> had their
place in Parliament; whether the Clauſe touch<g ref="char:EOLhyphen"/>ing
the calling of them thither, were not more
than verbal in the Biſhops writs, and is true that
in the writ of ſummons directed to their ſeveral
and reſpective Biſhops they were called only <hi>ad
conſentiendum,</hi> to manifeſt their conſent to thoſe
<hi>Acts</hi> and <hi>ordinances,</hi> which by the <hi>Common coun<g ref="char:EOLhyphen"/>ſell</hi>
of the Realm were to be ordained. But then it
is as tru withall, that ſometimes their advice was
asked in the weighty matters, as in the 21 of K.
<hi>Richard</hi> the 2. and ſometimes they petitioned
and remonſtrated for redreſs of grievances,
as in the inſtances and caſes which were
laſt produced. And 'tis as true that if they
had been preſent only <hi>ad conſentiendum,</hi>
to teſtifie their aſſent to thoſe Acts which by the
common Counſell of the Realm were propoſed
unto them: their preſence was as neceſſary,
and their voice as requiſite to all intents and
purpoſes (for ought I can ſee) as the voice and
preſence of the <hi>Commons</hi> in the times we ſpeak
of. For in the writs of ſummons iſſued to the
ſeveral Sheriffs for the electing of Knights, Ci<g ref="char:EOLhyphen"/>tizens
and Burgeſſes to attend the Parliament,
it is ſaid expreſſely, firſt that the King reſolveth
upon weighty motives touching the weal and
ſafety both of Church and State to hold his
Parliament,<note n="e" place="margin">Fo<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ma Brevis pro fammonit. Parliamenti.</note> 
                  <hi>et ibidem cum</hi> Praelatis, <hi>Magnatibus
et Proceribus dicti regni nostri colloquium habere et
tractare,</hi> then and there to adviſe and treat
<pb n="201" facs="tcp:114881:109"/>
with the <hi>Prelates,</hi> Peers and Nobles of this
Realm: Which words are alſo expreſſely uſed in
the writs of ſummons directed to the Biſhops,
and to every of them; who alſo are required in
a further clauſe <hi>conſilium ſuum impendere</hi>
                  <note n="f" place="margin">Titles of hon. part 2. cap. 5.</note>, to give
the King their beſt advice in his great affairs.
So that the <hi>Prelates</hi> and <hi>Nobility</hi> conveened in Par<g ref="char:EOLhyphen"/>liament
made the Kings great Counſel, and were
called thither to that end. What then belong<g ref="char:EOLhyphen"/>ed
unto the Commons? 1. No more than did
belong to the Clergy alſo, that is to ſay, the
giving of their conſent to ſuch Laws and Statutes
as ſhould there be made. VVhich notwithſtand<g ref="char:EOLhyphen"/>ing
in tract of time gave them ſuch a ſway, and
ſtroak in the courſe of Parliaments, that no law
could be made, nor no tax impoſed without
their liking and allowance. And this is that
which is expreſſed in the laſt clauſe of the ſaid
writ, by which the Knights and Burgeſſes are
to come prepared<note n="g" place="margin">Form a Brevis, &amp;c.</note> 
                  <hi>ad faciendum et</hi> conſentien<g ref="char:EOLhyphen"/>dum
<hi>iis quae tune ibidem de</hi> conſilio <hi>dicti Regni noſtri
ſuper negotiis antedictis contigerint ordinari.</hi> VVhich
is the very ſame which you had before in the
writ directed to the <hi>Biſhops,</hi> for ſummoning the
Clergie of their ſeveral Dioceſſes, and that here
is a <hi>faciendum</hi> which the other had not. A
word which if you mark it well, hath no opera<g ref="char:EOLhyphen"/>tion
in the Conſtruction of the text, except it be
in paying ſubſidies, or doing ſuch things as are
appointed to be done by that great Counſel of
the Kingdom; VVhich clauſe, though it be
cunningly left out (that I may ſay no worſe) in
<pb n="102" facs="tcp:114881:110"/>
the recital of the writ by the Author of the Book
entituled, the <hi>Prerogative and practice of Parlia<g ref="char:EOLhyphen"/>ments:</hi>
is moſt ingenuouſly acknowledged in the
<hi>Declaration</hi> of the Lords and Commons aſſem<g ref="char:EOLhyphen"/>bled
at <hi>Oxon,</hi>
                  <note n="h" place="margin">Declara<g ref="char:EOLhyphen"/>tion of the treaty P. 15.</note> where it is ſaid, that <hi>the writs of</hi>
ſummons, <hi>the foundation of all power in Parliament, are
directed to the</hi> Lords <hi>in expreſſe termes to treat and
adviſe with the</hi> King <hi>and the reſt of the Peers of the
Kingdom of</hi> England; <hi>and to the</hi> Commons <hi>to do
and conſent to thoſe things, which by that</hi> Common
councell <hi>of</hi> England <hi>ſhould be ordained.</hi> And thus
it ſtands, as with the Common people general<g ref="char:EOLhyphen"/>ly
in moſt ſtates of <hi>Chriſtendom,</hi> ſo with the
Commons antiently in moſt ſtates of <hi>Greece;</hi> of
which <hi>Plutarch</hi> telleth us<note n="i" place="margin">Plutarch in Lyeurgo:</note>, that when the peo<g ref="char:EOLhyphen"/>ple
were aſſembled in Counſell, <q rend="inline margQuotes">"it was not
lawful for any of them to put forth matters to
the Counſel to be determined, neither
might any of them deliver his opinion what he
thought of any thing, but the people had only
authority <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>,
to give their aſſent unto ſuch
things as either the Senators or their Kings do
propound unto them."</q>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="X"/> 10. But againſt this it is objected, firſt, that
it is not to be found at what time the <hi>Clergie</hi> loſt
their place and <hi>vote</hi> in Parliament, and there<g ref="char:EOLhyphen"/>fore
it may reaſonably be preſumed that they
had never any there: and 2ly. that if they had
been called <hi>ad conſentiendum</hi> (though no more
than ſo) we ſhould have found more frequent
<pb n="103" facs="tcp:114881:110"/>
mention of their conſent unto the Acts &amp; Statutes
in our printed Books. For anſwer unto which it
may firſt be ſaid, that to ſuppoſe the Clergie had no
voice in Parliament, becauſe it is not to be found
when they loſt that Privilege, is ſuch a kind of
Argument (if it be an argument) as is made by
<hi>Bellarmine,</hi>
                  <note n="k" place="margin">Bellarm. de Eccl. lib. 4. cap. 5.</note> to prove that many of the contro<g ref="char:EOLhyphen"/>verted
Tenets of the Church of <hi>Rome,</hi> are neither
terroneous nor new, becauſe we cannot ſay
expreſſely, <hi>quo tempore, quo autore,</hi> when and by
whoſe promoting they firſt crept in. And though
we cannot ſay expreſſely when the <hi>inferiour Clergy</hi>
loſt their place in Parliament, in regard it
might be loſt by <hi>diſcontinuance</hi> or <hi>non-uſage;</hi> or
that the clauſe was pretermitted for ſome ſpace
of time the better to diſuſe them from it; or
that they might neglect the ſervice in regard of
their attendance in the Convocation, which gave
them power and reputation both with the Com<g ref="char:EOLhyphen"/>mon
people: yet I have reaſon to beleeve, that
this pretermiſſion and diſuſe did chiefly happen
under the government of the Kings of the houſe
of <hi>Lancaſter,</hi> who being the true heirs and ſuc<g ref="char:EOLhyphen"/>ceſſours
of <hi>Iohn</hi> of <hi>Gaunt,</hi> caſt many a longing
eye on the Church revenues, and hardly were
perſwaded to abſtain from that height of ſacri<g ref="char:EOLhyphen"/>lege,
which <hi>Henry</hi> the 8 did aftercome to. And this
I am induced to beleeve the rather, in regard
that in the <hi>confirmation</hi> of the Churches rights ſo
ſolemnly confirmed and ratified in all former
<hi>Parliaments;</hi> there was a clog put to or added
in theſe times, which ſhaked the Fabrick:
<pb n="204" facs="tcp:114881:111"/>
the confirmation being firſt of ſuch rights and
<hi>liberties as were not repealed,</hi> 3. <hi>Hen.</hi> 5. <hi>cap.</hi> 1. &amp; 4
<hi>Hen.</hi> 5. <hi>cap.</hi> 1. and afterwards of ſuch as <hi>by the
Common law were not repealeable,</hi> 2 <hi>Hen.</hi> 6. <hi>cap.</hi> 1.
which might go very far indeed. And ſecondly
I find that in the 8 of <hi>Henry</hi> the 6. an Act of Par<g ref="char:EOLhyphen"/>liament
was paſſed, that all the Clergy <hi>called to</hi>
Convocation <hi>by the Kings writ, and their</hi> ſervants
<hi>and Family ſhall for ever hereafter fully uſe and enjoy
ſuch</hi> liberty <hi>and defence in comming tarrying and re<g ref="char:EOLhyphen"/>turning,
as the</hi> great men <hi>and</hi> Comminalty of <hi>the
Realm of</hi> England <hi>called to the Kings</hi> Parliament
<hi>do enjoy,</hi>
                  <note n="l" place="margin">8 Hen. 6. cap. 1.</note> &amp;c. Which being an unneceſſary care
or caution when the <hi>Clergie</hi> had their voice in
<hi>Parliament,</hi> and very neceſſary to be taken for<g ref="char:EOLhyphen"/>merly,
if they had never had ſuch <hi>voice:</hi> makes
me conceive, that it was much about this time
that they loſt that privilege. But this I leave as
a conjecture, and no more than ſo. For anſwer
to the ſecond argument, that if they had been
called of old <hi>ad conſentiendum,</hi> we ſhould have
found more frequent mention of their conſent
unto the Acts and Statutes of the former times;
beſides that it is a <hi>negative</hi> proof, and ſo <hi>non con<g ref="char:EOLhyphen"/>cludent,</hi>
it ſtrikes as much againſt the preſence
and conſent of the <hi>Knights</hi> and <hi>Burgeſſes</hi> in the el<g ref="char:EOLhyphen"/>der
Parliaments, as it can do againſt the <hi>Clergie.</hi>
For in the elder Parliaments under K. <hi>Henry</hi> 3.
and K. <hi>Edward</hi> the firſt there is no mention of the
<hi>Commons</hi> made at all, either as preſent or con<g ref="char:EOLhyphen"/>ſenting;
nor much almoſt in all the Parlia<g ref="char:EOLhyphen"/>ments
till K. <hi>Henry</hi> 7. but that they did petition
<pb n="205" facs="tcp:114881:111"/>
for redreſſe of greivances, and that <hi>upon their ſpe<g ref="char:EOLhyphen"/>cial
inſtance and request</hi>
                  <note n="m" place="margin">In the Proem to the ſeveral Seſ<g ref="char:EOLhyphen"/>ſions.</note> ſeveral laws were
made for the behoof and benefit of the Com<g ref="char:EOLhyphen"/>monwealth:
which part the <hi>Clergie</hi> alſo acted
in ſome former Parliaments, as before was
ſhewed. So that this negative Argument muſt
conclude againſt both or neither. But ſecondly
I anſwer, that in theſe elder times in which the
<hi>Proctors</hi> for the <hi>Clergy</hi> had their place in <hi>Parlia<g ref="char:EOLhyphen"/>ment,</hi>
they are included generally in the name
of the <hi>Commons.</hi> And this I ſay on the authority
of the old <hi>modus tenendi Parliamentum,</hi> in which
the Commons are divided in the <hi>Spiritualty</hi> and
the <hi>Temporalty;</hi> and where it is expreſſely ſaid
that the <hi>Proctors for the</hi> Clergie, <hi>the Knights, the</hi>
Citizens and the Burgeſſes did repreſent the
whole <hi>Comminalty</hi> of the Realm of <hi>England</hi>
                  <note n="a" place="margin">Cap. ult.</note>.
And this holds good in law (for ought I find
unto the contrary) to this very day. Certain I
am that <hi>Crompton</hi> in his book of the <hi>Iurisdiction of
Courts,</hi> where he fpeakes of Parliaments, doth
tell us that the Knights, Citizens, Burgeſſes, and
Barons of the Cinque ports,<note n="b" place="margin">Grompton Iuriſd. des. Courts. ca<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</note> 
                  <hi>ove le Clergie
qu' eux aſſemble au Pawles, repreſent le corps de tout le
Comminalty Dengliterre,</hi> together with the <hi>Cler<g ref="char:EOLhyphen"/>gie</hi>
which aſſembled at S. <hi>Pauls,</hi> doe repreſent the
body of the whole Comminalty of <hi>England.</hi> So
then, the <hi>Clergie</hi> were not only called but were
preſent alſo, according to that clauſe in the
writ of Summons (which before I ſpake of) di<g ref="char:EOLhyphen"/>rected
to their ſeveral and reſpective Biſhops,
as the Kings ſpiritual Sheriffs, if I may ſo ſay,
<pb n="206" facs="tcp:114881:112"/>
inabled by the Laws to that end and purpoſe.
Which ſome endeavouring to avoid, have at laſt
found out that the clauſe before recited out of
the Writ to the <hi>Biſhops,</hi> is not a calling of the
<hi>Clergy</hi> to attend in <hi>Parliament,</hi> but to command
them to attend in the <hi>Convocation:</hi> which I have
heard much preſſed by thoſe who pretend unto
ſome knowledge in the courſe of things. Which
though it be a groſs miſtake, and inconſiſtent
with the words and circumſtances of the VVrit
it ſelf, which relates meerly to the Parliament,
and buſineſs of a <hi>Parllamentarie</hi> nature: yet for the
clearing of the point, and undeceiving ſuch as
have been deceived, they may pleaſe to know,
that beſides this VVrit by which the <hi>Clergy</hi> are
commanded to appear in <hi>Parliament,</hi> there is a<g ref="char:EOLhyphen"/>nother
writ and another form of calling them
unto the ſervice of the <hi>Convocation,</hi> which is brief<g ref="char:EOLhyphen"/>ly
this. The King ſends out his VVrit or <hi>Man<g ref="char:EOLhyphen"/>dat</hi>
to the Arch-biſhop of <hi>Canterbury,</hi> requiring
him <hi>ſuper quibuſdam arduis &amp; urgentibus negotiis,
&amp;c.</hi>
                  <note n="n" place="margin">Regiſt. Warham.</note>. for divers great and weighty reaſons
concerning the Kings honour, the Churches ſafe<g ref="char:EOLhyphen"/>ty,
and the publick peace of his dominions, to ſum<g ref="char:EOLhyphen"/>mon
all the <hi>Biſhops,</hi> Deans and Chapters, Arch-deacons,
and the whole <hi>Clergy</hi> of his Province to
meet in <hi>Convocation</hi> at a day and place appointed.
On the reception of which Writ the Arch-bi<g ref="char:EOLhyphen"/>ſhop
ſendeth out his <hi>Monitory</hi> to the Biſhop of
<hi>London</hi> (who by his place is <hi>Dean</hi> of the <hi>Epiſcopal</hi>
College<note n="o" place="margin">Antiqu. Britan. in initio.</note>, and to diſperſe the <hi>Mandates</hi> of the
<hi>Metropolitan</hi>) requiring him to appear himſelf in
<pb n="207" facs="tcp:114881:112"/>
perſon, and to ſend out his warrant unto every Bi<g ref="char:EOLhyphen"/>ſhop
of the Province, to appear there alſo, and to
take order that the <hi>Deans</hi> of the Cathedrals, and
<hi>Arch-deacons</hi> perſonally, the Chapter by one <hi>Pro<g ref="char:EOLhyphen"/>curator,</hi>
the Clergy of the Dioceſe by two, (whom
we uſually call <hi>Clerks of the Convocation</hi>) do at<g ref="char:EOLhyphen"/>tend
that ſervice (<hi>p</hi>).<note n="b" place="margin">Regiſt. Warham.</note>. VVhich comming to the
hands of each ſeveral Biſhop they do according<g ref="char:EOLhyphen"/>ly
give intimation to their Deans and Chapters,
to their Arch-deacons and the Clergy; and they
accordingly prepare themſelves to obey the <hi>Mo<g ref="char:EOLhyphen"/>nitory,</hi>
and to return Certificate of their doings
in it. The like proceeding is obſerved alſo for
the Province of <hi>York.</hi> So that the calling of the
<hi>Clergy</hi> to the <hi>Convocation</hi> being by a different VVrit
and another form, which hath no reference to
nor dependance on the writs directed by the K.
to each ſeveral Biſhop for their attendance in the
Parliament, it muſt needs be (as I conceive it) that
by that clauſe remaining in the VVrits aforeſaid,
the <hi>Clergy</hi> have good right and title to a voice in
Parliament, though they have loſt their <hi>jus in re,</hi>
the benefit, the uſe and poſſeſſion of it.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XI"/> 11. But I ſpeak this as once the <hi>Apoſtle</hi> ſaid
in another caſe, <hi>not by commandement but by permiſ<g ref="char:EOLhyphen"/>ſion.</hi>
For I perſwade my ſelf the <hi>Clergy</hi> do not
aim ſo high at the recovery of a right ſo long
antiquated and diſuſed, but would be well e<g ref="char:EOLhyphen"/>nough
content with the reſtitution of the <hi>Bi<g ref="char:EOLhyphen"/>ſhops</hi>
to their <hi>vote</hi> in Parliament, of which they
ſtood poſſeſſed by ſo ſtrong a Title, as the very
conſtitution of the <hi>Parliament,</hi> and the <hi>fundamen<g ref="char:EOLhyphen"/>tal</hi>
                  <pb n="208" facs="tcp:114881:113"/>
laws of the <hi>Engliſh</hi> government could confer
upon them. For though the Biſhops ſate in
Parliament in their own <hi>perſonal capacities,</hi> and
not as the <hi>repreſentative</hi> body of the <hi>Clergy;</hi> yet
the poor <hi>Clergy</hi> found it ſome reſpect unto them
to be thus honoured in their <hi>heads:</hi> and were the
more obliged to obey ſuch Acts as were eſtabli<g ref="char:EOLhyphen"/>ſhed
in that Court, wherein theſe <hi>heads</hi> had op<g ref="char:EOLhyphen"/>portunity
of interceding, if perhaps any thing
were propounded which might be grievous to
the <hi>Clergy,</hi> and many times a power of <hi>hinde<g ref="char:EOLhyphen"/>ring</hi>
and diverting if not by voice and numbers,
yet by ſtrength of reaſons. They were not alto<g ref="char:EOLhyphen"/>gether
<hi>Slaves</hi> and <hi>Bond-men</hi> whileſt the Church
held that remnant of her antient rights; for
whileſt the <hi>heads</hi> retained that honor, the body
could not chooſe but rejoyce in it and be che<g ref="char:EOLhyphen"/>riſhed
by it. But ſince they have been ſtripped
of that (by what unworthy Acts the world
knows too well) they are become of ſuch condi<g ref="char:EOLhyphen"/>tion,
that the moſt deſpicable Tradeſman in a <hi>Cor<g ref="char:EOLhyphen"/>porate</hi>
Town is more conſiderable in the eye of the
State, and hath a greater intereſſe in the affairs
thereof, than the greateſt <hi>Prelate,</hi> and to ſay truth
than all the <hi>Clergy</hi> of the Realm. For being there
are three Ingredients which make up a Freeman
(as S. <hi>Francis Bacon</hi> well obſerved in his ſpeech
concerning the <hi>Poſt-nati</hi>) that is to ſay, 1. <hi>jus Ci<g ref="char:EOLhyphen"/>vitatis,</hi>
which did inable a man to buy and ſell,
and to take Inheritances; 2. <hi>jus ſuffragii,</hi> a voice
in the paſſing of Laws and Election of Officers;
and 3. <hi>jus honoris,</hi> a capability of ſuch offices
<pb n="209" facs="tcp:114881:113"/>
and honors as the State could give him: the Clergy
by this means are limited to the firſt right only,
&amp; utterly excluded from the other two, and ther<g ref="char:EOLhyphen"/>by
put into a worſe condition, than the meaneſt
Freeman in the Kingdome. Inſomuch that
whereas every needy <hi>Artizan</hi> if he be free of any
<hi>Corporate</hi> Town or City, every <hi>Cottager</hi> that
dwelleth in an antient <hi>Burrough,</hi> and every <hi>Clown</hi>
which can lay claim to ſorty ſhillings <hi>per An<g ref="char:EOLhyphen"/>num</hi>
of free hold, either for life or of inheritance,
hath a voyce in Parliament, either in perſon or
by <hi>Proxie;</hi> and is not bound by any law but what
himſelf conſents to in his <hi>Repreſentatives:</hi> the
<hi>Clergy</hi> only of this Realm (as the caſe now ſtands)
being <hi>one of the greateſt States of this Kingdom,</hi> as is
acknowledged expreſly <hi>in terminis</hi> by Act of <hi>Par<g ref="char:EOLhyphen"/>liament</hi>
                  <note n="p" place="margin">8 Eliz. c. 1.</note>, are neither capable of place there in
their perſonal capacities, nor ſuffered to be there
in their <hi>Procuratours,</hi> as of old they were; nor
have ſo much as any voice in chooſing of the
<hi>Knights</hi> and <hi>Burgeſſes</hi> which repreſent the body of
the people generally. I know it hath been ſaid
in reply to this, that the <hi>Clergy</hi> may give voices
at the election of the <hi>Knights</hi> and <hi>Burgeſſes,</hi> and
that it is their own neglect if they do it not. But
I know too, that this is only yielded unto ſuch
of the <hi>Clergy,</hi> as are poſſeſſed oſ Lands and Hou<g ref="char:EOLhyphen"/>ſes
in thoſe ſeveral places where ſuch elections
are to be made, and not then neither in moſt
places, except it be to make a party for particu<g ref="char:EOLhyphen"/>lar
ends, eſpecially where ſome good man or the
<pb n="210" facs="tcp:114881:114"/>
main cauſe it ſelf is concerned therein: which as
it totally excludeth the greateſt part of the <hi>Clergy</hi>
from having any voyce at all in theſe Elections,
(the greateſt part of the Clegy (the more
the pity) having neither Lands nor Hou<g ref="char:EOLhyphen"/>ſes
to ſuch a value in <hi>fee ſimple</hi>) ſo it gives no
more power unto thoſe that have, than what of
neceſsity muſt ſerve (I am ſure occaſionally it
may) to their own undoing. For to ſay truth,
thoſe that give out that the <hi>Clergy</hi> may give <hi>voice</hi>
at ſuch elections, uſe it but as a ſhift for the pre<g ref="char:EOLhyphen"/>ſent
turn: intending nothing leſs indeed (as hath
oft been ſeen) than that the <hi>Clergy</hi> ſhould be
capable of ſo great a truſt. The reaſon is, be<g ref="char:EOLhyphen"/>cauſe
there is not any <hi>Free-man</hi> of a City or a Cor<g ref="char:EOLhyphen"/>porate
town who hath a voice in the election
of a <hi>Citizen</hi> to ſerve in Parliament, nor almoſt a<g ref="char:EOLhyphen"/>ny
<hi>Cottager</hi> or <hi>Free-holder</hi> who hath a voice in the
election either of a Knight or Burgeſſe, but is di<g ref="char:EOLhyphen"/>rectly
eligible to the place himſelf. Of Citizens &amp;
Burgeſſes <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>lected from the very meaneſt of the
people, we have many inſtances, and ſhall have
more according as they find their ſtrength, and
have received a taſte of the ſweets of Goverment.
And for the chooſing of the Knights of the ſeve<g ref="char:EOLhyphen"/>veral
Shires, it is determined by the Statutes that
as 40 <hi>s.</hi> land of free-hold <hi>per Annum</hi>
                  <note n="q" place="margin">8 Hen. 6. c. 7.</note>, is e<g ref="char:EOLhyphen"/>nough
to qualifie a Clown for giving a voice at
the election; ſo the ſame Clown if he have 20l.
land <hi>per Annum</hi> is capable of being choſen for a
Knight of the Shire, as appears plainly and ex<g ref="char:EOLhyphen"/>preſly
by the Statute law. For though the writ
<pb n="211" facs="tcp:114881:114"/>
directed to the ſeverall and reſpective Sheriffs
preſcribe a choice of <hi>duos milites gladio cinctos;</hi> yet
we know well that by the Statute of King <hi>Henry</hi>
6. which is explanatory in this caſe of the Com<g ref="char:EOLhyphen"/>mon
law, <hi>ſuch notable</hi> Eſquires <hi>or</hi> Gentlemen,
<hi>born of the ſame Counties, as ſhall be able to be Knights</hi>
                  <note n="r" place="margin">23 Hen. 6. 15.</note>, are made as capable as a <hi>dubbed Knight</hi> to at<g ref="char:EOLhyphen"/>tend
that ſervice; and he that hath no more
than 20 <hi>l. per Annum</hi> either in <hi>Capite</hi> or <hi>Socage</hi> is
not only <hi>able</hi> by the law <hi>to be</hi> made a <hi>Knight</hi>
                  <note n="s" place="margin">1 Ed. 2. c. 1.</note>, but
was compellable thereunto even by the Statute-Law
it ſelf, untill the Law was lately altered
in that point<note n="t" place="margin">17 Car<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>l. c. 1.</note>. And on the other ſide it is
clear enough (for there have been of late ſome
experiments of it) that though a <hi>Clergy</hi>-man
be born an Eſquire or Gentleman (for they are
not all born <hi>ex fece Plebis,</hi> as the late Lord <hi>Brook</hi>
                  <note n="u" place="margin">L. Brook againſt Epiſ<g ref="char:EOLhyphen"/>copacy.</note> forgetting his own poor extraction hath been
pleaſed to ſay) and though he be poſſeſſed of a
fair Eſtate deſcended to him from his Ance<g ref="char:EOLhyphen"/>ſtors,
or otherwiſe poſſeſſed of ſome Lands or
Houſes in Town, Burrough, or City, whereby
he ſtands as eligible in the eye of the Law, as a<g ref="char:EOLhyphen"/>ny
Lay-Gentleman of them all; yet either he is
held uncapable, and ſo pretermitted; or if re<g ref="char:EOLhyphen"/>turned,
rejected at the Houſe it ſelf to his fowl
reproach. It is a Fundamental conſtitution of
the Realm of <hi>England,</hi> that every Free-man hath
a voice in the <hi>Legiſlative</hi> power of Parliament:
&amp; it is an old rule in Politic<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>s, <hi>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>uod omnes tangit ab
omnibus tractari debet</hi>
                  <note n="x" place="margin">And ſo acknowleged in a writ of Summons of K. Edw. 1.</note>. Which being now deny<g ref="char:EOLhyphen"/>ed
to the <hi>Engliſh Clergy,</hi> reduceth to them to that
<pb n="212" facs="tcp:114881:115"/>
condition which St. <hi>Paul</hi> complains of; and
make them no otherwiſe accounted of by the
Common people, than as, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<hi>the filth and off-ſcowring of the world to this very
day.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XII"/> 12. This tempts me to a brief diſcuſſion of a
queſtion exceeding weighty in it ſelf, but not ſo
much as thought of in this great <hi>disfran<g ref="char:EOLhyphen"/>chiſement,</hi>
the ſlavery obtruded lately on the <hi>Eng<g ref="char:EOLhyphen"/>liſh</hi>
Clergy: that is to ſay, <hi>whether that any two
of the</hi> three Eſtates <hi>conſpiring or agreeiug together
can conclude on any thing unto the prejudice of the</hi>
third. <hi>Bodinus</hi> that renowned Stateſ-man doth
reſolve it negatively; and ſtates it thus, <hi>nihil
a duobus ordinibus diſcerni poſſe, quo uni ex tribus
incommodum inferatur,</hi> ſi <hi>res ad ſingulos ordines ſeor<g ref="char:EOLhyphen"/>ſum
pertinet</hi>
                  <note n="z" place="margin">Bodin. de Rep. l. 3. c. 7.</note>, that nothing can be done by two
of the <hi>Eſtates</hi> to the diſprofit of the <hi>third,</hi> in caſe
the point propoſed be ſuch as concerns them ſe<g ref="char:EOLhyphen"/>verally.
The point was brought into debate up<g ref="char:EOLhyphen"/>on
this occaſion. <hi>Henry</hi> the 3d. of <hi>France</hi> had
ſummoned an Aſſembly of the <hi>three Eſtates</hi> or <hi>Con<g ref="char:EOLhyphen"/>ventus
Ordinum</hi> to be held at <hi>Bloys, Anno</hi> 1577.
(The form and order of the which we have at
large deſcribed by <hi>Thuanus Lib.</hi> 63.) But find<g ref="char:EOLhyphen"/>ing
that he could not bring his ends about ſo eaſi<g ref="char:EOLhyphen"/>ly
with that numerous body, as if they were
contracted to a narrower compaſs, he cauſed it to
be mov'd unto them that they ſhould make choice
of 36, twelve of each Eſtate, <hi>quos<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap> Rex cum de poſtu<g ref="char:EOLhyphen"/>latis
decerneret in conſilium adhibere dignaretur</hi>
                  <note n="a" place="margin">Thuanus in hiſt. temp. l. 63.</note>,
<pb n="213" facs="tcp:114881:115"/>
whom the King would deign call to counſail
for the diſpatch of ſuch affairs and motions as
had been either moved or propoſed unto him.
Which being very readily aſſented to by the
<hi>Clergy</hi> and <hi>Nobility,</hi> who hoped thereby to
find ſome favour in the Court, and by degrees
to be admitted to the <hi>Privy Counſel,</hi> was ve<g ref="char:EOLhyphen"/>ry
earneſtly oppoſed by <hi>Bodinus,</hi> being then
Delegate or Commiſsioner for the Province
of <hi>Veromandois,</hi> who ſaw full well that if bu<g ref="char:EOLhyphen"/>ſineſſes
were ſo carried, the <hi>Commons</hi> (which
made the <hi>third Eſtate,</hi>) would find but little
hopes to have their grievances redreſſed, their
petitions anſwered.<note n="b" place="margin">Bodin. de Rep. l. 1. c. 7</note> And therefore labour<g ref="char:EOLhyphen"/>ed
the reſt of the Commiſsioners not to yield
unto it, as being utterly deſtructive of the
Rights and Liberties of the Common people:
which having done, he was by them intruſted
to debate the buſineſs before the other <hi>two
Estates,</hi> and did it to ſo good effect, that at the
laſt he took them off from their reſolution, and
obtained the cauſe. What Arguments he u<g ref="char:EOLhyphen"/>ſed
in particular, neither himſelf nor <hi>Thuanus</hi>
telleth us. But ſure I am that he inſiſted both
on the antient cuſtomes of the Realm of <hi>France,</hi>
as alſo of the Realms of <hi>Spain</hi> and <hi>England,</hi>
and the <hi>Roman Empire;</hi> in each of which it was
received for a <hi>ruled</hi> caſe, <hi>nihil a duobus ordinibus
ſtatui poſſe, quo uni ex tribus prejudicium creare<g ref="char:EOLhyphen"/>tur,</hi>
that nothing could be done by any of the
two Eſtates unto the prejudice of the third.
<pb n="214" facs="tcp:114881:116"/>
And if it were a <hi>ruled</hi> caſe, then in the Parlia<g ref="char:EOLhyphen"/>ment
of <hi>England,</hi> there is no reaſon why it
ſhould be otherwiſe in the preſent times, the
equity and juſtice of it being ſtill the ſame, and
the ſame reaſons for it now as forcible, as they
could be then. Had it been otherwiſe reſol<g ref="char:EOLhyphen"/>ved
of in the former ages, wherein the <hi>Clergy</hi>
were ſo prevalent in all publique Counſails,
how eaſie a matter had it been for them either
by joyning with the <hi>Nobility</hi> to exclude the
<hi>Commons,</hi> or by joyning with the <hi>Commonalty</hi>
to exclude the <hi>Nobles?</hi> Or having too much
conſcience to adventure on ſo great a change,
an alteration ſo incompatible and inconſiſtent
with the Conſtitution of a Parliament; how
eaſily might they have ſuppreſſed the <hi>potency,</hi>
and impaird the <hi>Privileges</hi> of either of the other
two, by working on the humours or affecti<g ref="char:EOLhyphen"/>ons
of the one to keep down the other? But
theſe were Arts not known in the former daies,
nor had been thought of in theſe laſt, but by
men of <hi>ruine,</hi> who were reſolved to change
the Government (as the event doth ſhew too
clearly) both of Church and State. Nor
doth it help the matter in the leaſt degree, to
ſay that the excluſion of the Biſhops from the
Houſe of <hi>Peers,</hi> was not done meerly by the pra<g ref="char:EOLhyphen"/>ctice
of the two other Eſtates, but by the aſſe<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>t
of the King, of whom the Laws ſay <hi>he can do no
wrong,</hi> and by an Act of Parliament wherof our
Laws yet ſay, <hi>quae <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ul doit imaginer choſe diſho<g ref="char:EOLhyphen"/>nourable,</hi>
                  <pb n="215" facs="tcp:114881:116"/>
                  <note n="c" place="margin">Plowden in Commen<g ref="char:EOLhyphen"/>tar.</note> that no man is to think diſ<g ref="char:EOLhyphen"/>honourably.
For we know well in what
condition the King was when he paſſed that
<hi>Act,</hi> to what extremities he was reduced, on
what terms he ſtood, how he was forced to flye
from his City of <hi>London,</hi> to part with his dear
Wife and Children, and in a word ſo over<g ref="char:EOLhyphen"/>powred
by the prevailing party in the two
Houſes of <hi>Parliament,</hi> that it was not ſafe for
him (as his caſe then was) to deny them any
thing. And for the Act of <hi>Parliament</hi> ſo undu<g ref="char:EOLhyphen"/>ly
gained, beſides that the Bill had been re<g ref="char:EOLhyphen"/>jected
when it was firſt brought unto the Lords,
and that the greater part of the Lords were
frighted out of the Houſe, when contrary un<g ref="char:EOLhyphen"/>to
the courſe of <hi>Parliament</hi> it was brought a<g ref="char:EOLhyphen"/>gain;
it is a point reſolved both in Law and
reaſon, that the Parliament can do nothing
to the deſtruction of it ſelf, and that ſuch
Acts as are extorted from the King are
not good and valid, whereof we have a fair
example in the Book of Statuers<note n="d" place="margin">15 Ed. 3.</note>. <q rend="inline margQuotes">"For
whereas the King had granted <hi>certain Ar<g ref="char:EOLhyphen"/>ticles
pretended to be granted in the form of a Sta<g ref="char:EOLhyphen"/>tute,</hi>
expreſly <hi>contrary to the Laws of the Realm
and his own Prerogative and rights royal</hi> (mark it,
for this is juſt the caſe) <hi>which he had yielded
to eſchew the dangers,</hi> which <hi>by denying of the
ſame were like to follow:</hi>"</q> in the ſame Parlia<g ref="char:EOLhyphen"/>ment
it was <hi>repealed</hi> in theſe following words;
<hi>It ſeemed good io the ſaid Earls, Barons, and other
<pb n="216" facs="tcp:114881:117"/>
wiſe men, that ſince the</hi> Statute <hi>did not proceed of our</hi>
free will, <hi>the ſame be void; and ought not to have
the name nor strength of a</hi> Statute, <hi>and therefore by
their counſail and aſſent we have decreed the ſaid Sta<g ref="char:EOLhyphen"/>tute
to be void, &amp;c.</hi> Or if it ſhould not be re<g ref="char:EOLhyphen"/>pealed
in a formal manner, yet is this Act
however gotten, void in effect already by a for<g ref="char:EOLhyphen"/>mer
Statute, in which it was enacted in full
Parliament, and at the ſelf ſame place where
this Act was gained, <hi>that the Great Charter</hi> (by
which and many other Titles the Biſhops held
their place in Parliament) <hi>ſhould be kept in
all points, and if any</hi> Statute <hi>be made to the contra<g ref="char:EOLhyphen"/>ry,
it ſhall be holden for none</hi>
                  <note n="e" place="margin">42 Ed. 3. c. 1.</note>.</p>
            </div>
            <div n="6" type="chapter">
               <pb n="225" facs="tcp:114881:117" rendition="simple:additions"/>
               <head>CHAP. VI. That the three Eſtates of every Kingdom where<g ref="char:EOLhyphen"/>of
CALVIN ſpeaks, have no authority either
to regulate the power, or controll the
Actions of the Soveraign Prince.</head>
               <list>
                  <item>(I.) The Biſhops and Clergy of <hi>England,</hi> not the
King, make the <hi>third Eſtate,</hi> and of the dangerous
conſequences which may follow on the contrary <hi>Tenet.</hi>
                  </item>
                  <item>(II.) The different influence of the three Estates
upon <hi>conditional</hi> Princes, and an <hi>abſolute</hi> Mo<g ref="char:EOLhyphen"/>narch.</item>
                  <item>(III.) The <hi>Sanhedrim</hi> of no <hi>authority</hi> over the
<hi>perſons,</hi> or the <hi>actions</hi> of the Kings of <hi>Judah.</hi>
                  </item>
                  <item>(IV.) The <hi>three Eſtates</hi> in <hi>France</hi> of <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap> ſmall
<hi>authority</hi> over the actions of that King.</item>
                  <item>(V.) The King of <hi>Spain</hi> not over-ruled, or regu<g ref="char:EOLhyphen"/>lated
by the <hi>three Eſtates.</hi>
                  </item>
                  <item>(VI.) Of what <hi>authority</hi> they have been antiently
in the Parliaments of <hi>Scotland.</hi>
                  </item>
                  <item>(VII.) The King of <hi>England</hi> alwaies accounted
heretofore for an abſolute Monarch.</item>
                  <item>(VIII.) <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap> part of <hi>Soveraignty</hi> inveſted <hi>legal<g ref="char:EOLhyphen"/>ly</hi>
in the <hi>Engliſh</hi> Parliaments.</item>
                  <item>(IX.) The <hi>three Eſtates</hi> aſſembled in the <hi>Parlia<g ref="char:EOLhyphen"/>ment</hi>
of <hi>England,</hi> ſubordinate unto the King, not
<hi>co-ordinate</hi> with him.</item>
                  <item>(X.) The <hi>Legiſlative power</hi> of <hi>Parliaments</hi> is
<pb n="226" facs="tcp:114881:118"/>
properly and <hi>legally</hi> in the <hi>King</hi> alone.</item>
                  <item>(XI.) In what particulars the power of the <hi>Engliſh</hi>
Parliament doth conſiſt eſpecially.</item>
                  <item>(XII.) The Kings of <hi>England</hi> ordinarily over<g ref="char:EOLhyphen"/>rule
t<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>eir <hi>Parliaments</hi> by themſelves, their <hi>Counſel,</hi>
and their <hi>Judges.</hi>
                  </item>
                  <item>(XIII.) Objections anſwered touching the power
and practice of ſome former Parliaments, and the teſti<g ref="char:EOLhyphen"/>monies
given unto them.</item>
                  <item>(XIV.) No ſuch Authority given by God in Holy
Scripture to any <hi>ſuch</hi> Popular Magistrates, as <hi>CAL<g ref="char:EOLhyphen"/>VIN</hi>
dreams of and pretends.</item>
                  <item>(XV.) The Application and Concluſion of the
whole Diſcourſe.</item>
               </list>
               <p>I Have been purpoſely more copious in the
former Chapter, becauſe I thought it neceſ<g ref="char:EOLhyphen"/>ſa<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>y
to declare and manifeſt who made the
<hi>three Estates</hi> in each ſeveral Kingdom, which are
pretended by our Author to have ſuch power of
regulating the authority, and cenſuring the acti<g ref="char:EOLhyphen"/>ons
and the perſons of their <hi>Soveraign</hi> Princes.
And this the rather in regard it is thought of late,
and (more than thought) preſented to the world
in ſome publick writings, (eſpecially as it relates
to the Realm of <hi>England</hi>) that the King, the
Lords, and Commons, make the <hi>three Estates:</hi>
which brings the King into an equal rank with
the other two in reference to the buſineſſe and af<g ref="char:EOLhyphen"/>fairs
of Parliament. A fancy, by what Acci<g ref="char:EOLhyphen"/>dent
ſoever it was broached and publiſhed,
<pb n="227" facs="tcp:114881:118"/>
which hath no conſiſtence either with truth, or
ordinary obſervation, or with the practice of
this Realm, or of any other. For the proof of
this my poſition, that the <hi>King is none of the three
Eſtates as</hi> is now pretended, if all proofs elſe ſhould
fail, I have one from <hi>Calvin,</hi> whoſe judgement
in this point amongſt many of us, will be <hi>inſtar
omnium.</hi> For where he ſaith <hi>in ſingulis Regnis tres
eſſe Ordines,</hi>
                  <note n="e" place="margin">Calvin, inſt<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>t. 4. cap. ult.</note> that there are <hi>three Eſtates</hi> in each
ſeveral Kingdom, and that theſe <hi>three Eſtates</hi> con<g ref="char:EOLhyphen"/>vened
in <hi>Parliament,</hi> (or by what other name
ſoever they call their meeting) are furniſhed with
a power <hi>Regum libidinem moderandi,</hi> of modera<g ref="char:EOLhyphen"/>ting
the licentiouſneſs of <hi>Kings</hi> and Princes; and
that they become guilty of perfidious diſſimula<g ref="char:EOLhyphen"/>tion,
<hi>ſi Regibus impotenter graſſantibus, &amp;c.</hi> If
they connive at <hi>Kings,</hi> when they play the <hi>Ty<g ref="char:EOLhyphen"/>rants,</hi>
or wantonly inſult on the Common-people:
I trow it cannot be conceived that the
King is any one of the <hi>three Eſtates,</hi> who are here
truſted (or at leaſt ſuppoſed to be intruſted)
with ſufficient power, as well to <hi>regulate</hi> his au<g ref="char:EOLhyphen"/>thority,
as to <hi>controll</hi> his actions. If <hi>Calvin</hi> be
allowed to have common ſenſe, and to have wit
and words enough to expreſſe his meaning, (as
even his greateſt Adverſaries do confeſſe he had)
it muſt be granted that he did not take the King
of what Realm ſoever, to be any of the <hi>three E<g ref="char:EOLhyphen"/>ſtates:</hi>
or if he did, he would have thought of o<g ref="char:EOLhyphen"/>ther
means to reſtrain his inſolencies, than by
leaving him in his own hands, to his own cor<g ref="char:EOLhyphen"/>rection.
Either then <hi>Calvin</hi> is miſtaken in the
<pb n="228" facs="tcp:114881:119"/>
                  <hi>three Eſtates,</hi> (&amp; if he be miſtaken in deſigning the
men he aims at, may he not be miſtaken in the
power he gives them?) or elſe the King is no<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e, &amp;
indeed can be none of the <hi>three Eſtates, qui primari<g ref="char:EOLhyphen"/>os
conventus peragunt,</hi> who uſually convene in <hi>Par<g ref="char:EOLhyphen"/>liament</hi>
for thoſe ends and purpoſes before remem<g ref="char:EOLhyphen"/>bred.
But not to truſt to him alone, though
queſtionleſſe he be <hi>ideoneus teſtis</hi> in the preſent
caſe; Let us behold the Aſſembly of the <hi>three E<g ref="char:EOLhyphen"/>ſtates</hi>
or <hi>Conventus Ordinum</hi> in <hi>France</hi> (from whence
it is conceived that all <hi>Aſſemblies</hi> of this kind had
their firſt <hi>Original</hi>) and we ſhall find a very full
deſcription of them in the <hi>Aſſemblie des Eſtats</hi> at
<hi>Bloys</hi> under <hi>Henry</hi> 3. <hi>Anno</hi> 1577. of which thus
<hi>Thuanus.</hi>
                  <note n="f" place="margin">Thuanus in hiſtor. ſui temp. l. 63.</note> 
                  <q rend="inline margQuotes">"<hi>Rex inſublimi loco ſub uraniſco ſedebat,
&amp;c.</hi> The King, ſaith he, ſate on an high erect<g ref="char:EOLhyphen"/>ed
Throne under the Canopy of State, the
Queen-mother, and the Queen his wife, and all
the Cardinals, Princes, Peers upon either hand.
And then it followeth, <hi>Tranſtris infra diſpoſitis
ad dextram ſuam</hi> ſacri Ordinis <hi>Delegati, ad laevam</hi>
Nobilitas, <hi>&amp; infra</hi> plebetus ordo <hi>ſedebat,</hi> that
on ſome lower forms there ſate the Delegates
of the <hi>Clergy</hi> towards the right hand of the King,
the <hi>Nobility</hi> towards the left, and the <hi>Commiſ<g ref="char:EOLhyphen"/>ſioners</hi>
for the Commons in the ſpace below."</q>
We may conjecture at the reſt by the view of
this: Of thoſe in <hi>Spain,</hi> by thoſe Conventions of
the States which before we ſpoke of, at <hi>Burgos,
Monſon, Toledo,</hi> and in other places, in which the
<hi>King</hi> is alwaies mentioned as a different perſon,
who called them, and diſſolved them as he ſaw
<pb n="229" facs="tcp:114881:119"/>
occaſion. For <hi>Scotland,</hi> it is ordinary in the ſtile
of Parliaments, to ſay the <hi>King and the Estates do
ordain and conſtitute;</hi>
                  <note n="g" place="margin">Statutes of Scotland.</note> (for which I do refer
you to the Book of Statutes) which clearly makes
the K. to be a different perſon from the Eſtates of
that Kingdome. And as for <hi>England,</hi> beſides
what may be gathered from the former Chapter,
we read in the Hiſtory of <hi>Titus Livius,</hi> touching the
Reign and Acts of K. <hi>Henry</hi> the 5th. that when
his <hi>Funerals were ended, the three Eſtates of the Realm
of</hi> England <hi>did aſſemble together and declared his Son</hi>
K. Henry <hi>the</hi> 6. <hi>being an Infant of</hi> 8 <hi>months old to be
their Soveraign Lord,</hi>
                  <note n="h" place="margin">Tit. Liv. M. S. in Bibl. Bodl.</note> as his Heir and Succeſſor.
<q rend="inline margQuotes">"And in the Parliament Rolls of K. <hi>Richard</hi> the
3d. there is mention of a Bill or Parchment
preſented to that Prince, being then Duke of
<hi>Gloceſter,</hi> on the behalf and in the name of the
<hi>three Eſtates</hi> of this Realm of <hi>England,</hi> that is to
wit, of the <hi>Lords Spiritual</hi> and <hi>Temporal,</hi> and of
the <hi>Commons</hi> by name: which foraſmuch as nei<g ref="char:EOLhyphen"/>ther
the ſaid <hi>three Eſtates,</hi> nor the perſons which
delivered it on their behalf were then aſſemb<g ref="char:EOLhyphen"/>led
in form of <hi>Parliament,</hi> was afterwards in the
firſt Parliament of that King by the ſame <hi>three
Estates</hi> aſſembled in this preſent Parliament (I
ſpeak the very words of the Act it ſelf) and by
authority of the ſame, enrolled, recorded, and
approved:<note n="i" place="margin">Ap Speed in K. Rich. 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                     </note> And at the requeſt, and by the
aſſent of the <hi>three Eſtates</hi> of this Realm, that is
to ſay, the Lords <hi>Spiritual,</hi> and <hi>Temporal,</hi> and
<hi>Commons</hi> of this Land aſſembled in this preſent
Parliament, and by authority of the ſame, it
<pb n="230" facs="tcp:114881:120"/>
be pronounced, decreed, and declared, that our
ſaid Soveraign Lord the King was, and is the
very and undoubted heir of this Realm of <hi>Eng<g ref="char:EOLhyphen"/>land,</hi>
&amp;c."</q> And ſo it is acknowledged in a
<note n="k" place="margin">1 Eliz. cap. 3.</note> Statute of 1 <hi>Eliz. ca.</hi> 3. where the <hi>Lords Spiritual
and Temporal, and the Commons in that Parliament aſ<g ref="char:EOLhyphen"/>ſembled,</hi>
being ſaid expreſly and in <hi>terminis</hi> to <hi>re<g ref="char:EOLhyphen"/>preſent
the</hi> three Eſtates <hi>of the Realm of</hi> England, did
recognize <hi>the Queens Majeſty to be their true, lawfull,
and undoubted Soveraign Liege Lady, and Queen.</hi>
This makes it evident, that the King was not
accounted in the times before for one of the <hi>three
Eſtates</hi> of Parliament, nor can be ſo accounted in
the preſent times. For conſidering that the <hi>Lords</hi>
and <hi>Commons</hi> do moſt confeſſedly make two of the
<hi>three Eſtates,</hi> and that the <hi>Clergy</hi> in an other Act of
Parliament of the ſaid Queens time, are confeſ<g ref="char:EOLhyphen"/>ſed
to be <hi>one of the greateſt States of the Realm,</hi>
                  <note n="l" place="margin">Statut. 8 Eliz. cap. 1.</note> which
Statute being ſtill in force, doth clearly make the
<hi>Clergy</hi> to be the third; either there muſt be more
than <hi>three Estates</hi> in this Kingdome, which is a<g ref="char:EOLhyphen"/>gainſt
the Doctrine of the preſent times, or elſe
the King is none of the <hi>Eſtates,</hi> as indeed he is not,
which was the matter to be proved. But I ſpend
too much time in confuting that which hath ſo
little ground to ſtand on, more than the <hi>dangerous
conſequences</hi> which are covered under it: For if the
King be granted once to be no more than one of
the <hi>three Eſtates,</hi> how can it chooſe but follow from
ſo ſad a <hi>Principle,</hi> that he is of no more power and
conſideration in the time of <hi>Parliament,</hi> than the
Houſe of <hi>Peers,</hi> which ſometimes hath conſiſted of
<pb n="231" facs="tcp:114881:120"/>
three Lords, no more; or than the Houſe of <hi>Com<g ref="char:EOLhyphen"/>mons</hi>
only, which hath many times conſiſted of no
more than 80 or an hundred Gentlemen: but of
far leſſe conſideration to all intents and purpoſes
in the Law whatever, than both the <hi>Houſes</hi> joy<g ref="char:EOLhyphen"/>ned
together. What elſe can follow hereupon
but that the King muſt be <hi>co-ordinate</hi> with his
two Houſes of Parliament, and if <hi>co-ordinate,</hi>
then to be over-ruled by their Joynt concurrence,
bound to conform unto their Acts, and confirm
their <hi>Ordinances;</hi> or upon caſe of inconformity
and <hi>non-complyance</hi> to ſee them put in execution
againſt his liking and conſents, to his foul re<g ref="char:EOLhyphen"/>proach.
And what at laſt will be the iſſue of this
dangerous conſequence, but that the <hi>Lords</hi> con<g ref="char:EOLhyphen"/>tent
themſelves to come down to the <hi>Commons,</hi>
and the King be no otherwiſe eſteemed of than
the chief of the Lords, the <hi>Princeps Senatus</hi> if you
will, or the Duke of <hi>Venice,</hi> at the beſt no more,
which if Sir <hi>Edward Dering</hi> may be credited, as I
think he may in this particular, ſeems to have
been the main deſign of ſome of the moſt popular
and powerfull Members then ſitting with him,
for which I do refer the Reader to his book of
Speeches. Which dangerous conſequents whe<g ref="char:EOLhyphen"/>ther
they were obſerved at firſt by theſe who
firſt ventured on the expreſſion, or were impro<g ref="char:EOLhyphen"/>vidently
looked over, I can hardly ſay. Cer<g ref="char:EOLhyphen"/>tain
I am, it gave too manifeſt an advantage to
the <hi>Antimonarchical</hi> party in this Kingdome, and
hardned them in their proceeding againſt their
King, whom they were taught to look on and e<g ref="char:EOLhyphen"/>ſteem
<pb n="232" facs="tcp:114881:121"/>
no otherwiſe than as a <hi>Joynt-tenant</hi> of the
<hi>Soveraignty</hi> with the <hi>Lords</hi> and <hi>Commons.</hi> And if
Kings have partners in the <hi>Soveraignty,</hi> they are
then no King; ſuch being the nature and law of
<hi>Monarchy,</hi> that <hi>ſi diviſionem capiat interitum capiat
neceſſe eſt,</hi>
                  <note n="m" place="margin">Lactant Inſtitut. Div. l. 1. c.</note> if it be once divided, and the autho<g ref="char:EOLhyphen"/>rities
thereof imparted, it is ſoon deſtroyed. Such
is the dangerous conſequence of this new Ex<g ref="char:EOLhyphen"/>preſſion,
that it ſeemeth utterly to deprive the Bi<g ref="char:EOLhyphen"/>ſhops,
and in them the Clergy of this Land, of
all future hopes of being reſtored again to their
place in <hi>Parliament.</hi> For being the <hi>Parliament</hi> can
conſiſt but of <hi>three Eſtates,</hi> if the King fall ſo low
as to paſs for one, either the <hi>Biſhops</hi> or the <hi>Com<g ref="char:EOLhyphen"/>mons,</hi>
or the <hi>Temporal</hi> Lords muſt deſert their
claim, the better to make way for this new pre<g ref="char:EOLhyphen"/>tenſion:
and in all probability the <hi>Commons</hi> being
grown ſo potent, and the <hi>Nobility</hi> ſo numerous and
united in blood and mariages, will not quit their
<hi>intereſſe;</hi> and therefore the poor <hi>Clergy</hi> muſt be no
<hi>Eſtate,</hi> becauſe leſſe able, as the world now goeth
with them, to maintain their title. I have of<g ref="char:EOLhyphen"/>ten
read that <hi>Conſtantine</hi> did uſe to call himſelf
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
                  <note n="n" place="margin">Euſeb. de vita Con<g ref="char:EOLhyphen"/>ſtant.</note> the Biſhop or Superin<g ref="char:EOLhyphen"/>tendent
of his Biſhops; and I have oft heard our
Lawyers ſay, that <hi>the King is the general Ordinary
of the Kingdome:</hi> but never heard nor read till
within theſe few yearrs, that ever any King did
poſſeſs himſelf of the <hi>Biſhops</hi> place or <hi>vote</hi> in Par<g ref="char:EOLhyphen"/>liament,
or ſate there as the firſt of the <hi>three E<g ref="char:EOLhyphen"/>ſtates</hi>
(as antiently the <hi>Biſhops</hi> did) to ſupply their
abſence. By which device, whether the <hi>Clergy</hi>
                  <pb n="233" facs="tcp:114881:121"/>
or the <hi>King</hi> be the greater loſers (though it be
partly ſeen already) future times will ſhew.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="II"/> (2.) This rub removed, we next proceed to
the examination of that power, which by our
Author is conferred on the <hi>three Estates:</hi> which
we ſhall find on ſearch and tryal to be very dif<g ref="char:EOLhyphen"/>ferent,
according to the conſtitution of the King<g ref="char:EOLhyphen"/>dome
in which they are. For where the Kings
are <hi>abſolute Monarchs,</hi> as in <hi>England, Scotland, France,</hi>
and <hi>Spain,</hi>
                  <note n="l" place="margin">Bodin de Repub. l. 1. c.</note> the <hi>three Eſtates,</hi> have properly and
legally little more authority, than to adviſe their
King, as they ſee occaſion, to repreſent unto
his view their common grievances, and to pro<g ref="char:EOLhyphen"/>poſe
ſuch remedies, for redreſſe therof, as to them
ſeem meeteſt, to canvaſs and review ſuch errone<g ref="char:EOLhyphen"/>ous
judgements as formerly have paſſed in infe<g ref="char:EOLhyphen"/>riour
Courts, and finally to conſult about, and
prepare ſuch laws as are expedient for the pub<g ref="char:EOLhyphen"/>lick.
In other Countries where the Kings are
more <hi>conditional,</hi> and hold their Crowns by com<g ref="char:EOLhyphen"/>pact
and agreement betweeen them and their Sub<g ref="char:EOLhyphen"/>jects;
the reputation and authority of the <hi>three
Estates</hi> is more high and eminent, as in <hi>Polonia,
Danemark,</hi> and ſome others of the <hi>Northern</hi> King<g ref="char:EOLhyphen"/>domes,
where the <hi>Estates</hi> lay claim to more than
a <hi>directive power,</hi> and think it not enough to ad<g ref="char:EOLhyphen"/>viſe
their King, unleſs they may diſpoſe of the
Kingdome alſo, or at leaſt make their King no
better than a <hi>Royal Slave.</hi> Thus and no otherwiſe
it is with the <hi>German Emperors,</hi> who are obnoxi<g ref="char:EOLhyphen"/>ous
to the Laws,<note n="m" place="margin">Thuan. hiſt. ſui temp. l. 2.</note> and for their Government
<pb n="234" facs="tcp:114881:122"/>
accomptable to the <hi>Eſtates</hi> of the Empire: inſo<g ref="char:EOLhyphen"/>much
that if the Princes of the Empire be per<g ref="char:EOLhyphen"/>ſwaded
in their conſciences that he is likely by
his <hi>mal-adminiſtration</hi> to deſtroy the Empire, and
that he will not hearken to advice and counſel
<note n="n" place="margin">Anonym. Script. ap Phi<g ref="char:EOLhyphen"/>lip. Paraeu in Append. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>d Rom. 13.</note> 
                  <hi>ab Electorum Collegio Caeſaria potestate privari po<g ref="char:EOLhyphen"/>teſt,</hi>
he may be deprived by the <hi>Electors,</hi> and a more
fit and able man elected to ſupply the place. And
to this purpoſe in a Conſtitution made by the
Emperor <hi>Jodocus,</hi> about the year 1410. there is
a clauſe, that if he or any one of his Succeſſors
do any thing unto the contrary thereof, the <hi>E<g ref="char:EOLhyphen"/>lectors</hi>
and other States of the Empire <hi>ſine rebelli<g ref="char:EOLhyphen"/>onis
vel infidelitatis crimine libertatem habeant,</hi>
                  <note n="o" place="margin">Goldaſt. Conſtit. Impe<g ref="char:EOLhyphen"/>rial. Tom. 3. p. 424.</note>
ſhould be at liberty without incurring the crimes
of Treaſon or Diſloyalty, not only to oppoſe,
but reſiſt them in it. The like to which occurs
for the Realm of <hi>Hungary,</hi> wherein K. <hi>Andrew</hi>
gives authority to his Biſhops, Lords, and other
Nobles <hi>ſine nota alicujus infidelitatis;</hi>
                  <note n="p" place="margin">Bonfi<g ref="char:EOLhyphen"/>nius de Edict. publ. p. 37.</note> that
without any imputation of diſloyalty, they may
contradict, oppoſe, and reſiſt their Kings, if they
do any thing in violation of ſome Laws and ſan<g ref="char:EOLhyphen"/>ctions.
In <hi>Poland</hi> the King takes a ſolemn oath at
his Coronation, to confirm all the Privileges,
rights and liberties which have been granted
to his Subjects of all ranks and orders by any of
his <hi>Predeceſſors:</hi> and then addes this clauſe, <hi>quod ſi
Sacramentum meum violavero, incolae Regni nullam no<g ref="char:EOLhyphen"/>bis
obedientiam praestare tenebuntur;</hi> which if he vi<g ref="char:EOLhyphen"/>olates,
his Subjects ſhall no longer be obliged to
yield him obedience.<note n="q" place="margin">Bodin de Rep. lib. 1. cap. 8.</note> Which oath as <hi>Bodine</hi>
                  <pb n="235" facs="tcp:114881:122"/>
well obſerveth, doth ſavour rather of the condi<g ref="char:EOLhyphen"/>tion
of the <hi>Prince of the Senate,</hi> than of the <hi>Majeſty</hi>
of a <hi>King.</hi> The like may be affirmed of <hi>Frederick</hi>
the firſt King of <hi>Danemark,</hi> who being called un<g ref="char:EOLhyphen"/>to
that Crown on the ejection of K. <hi>Chriſtian</hi> the
2d. <hi>An.</hi> 1523. <q rend="inline margQuotes">"was ſo conditioned with by the
the Lords of the Kingdome, that at his coro<g ref="char:EOLhyphen"/>nation,
or before, he was fain to ſwear, that he
would put none of the <hi>Nobility</hi> to death or ba<g ref="char:EOLhyphen"/>niſhment,
but by the judgement of the Senate,
that the great men ſhould have power of life
or death over their <hi>Tenants</hi> and <hi>Vaſſals,</hi> and
that no <hi>Appeal</hi> ſhould lye from them to the
<hi>Kings tribunal,</hi> nor the King be partaker of
the confiſcations; <hi>nec item honores aut imperia
privatis daturum, &amp;c</hi>
                     <note n="r" place="margin">Id. ibid.</note> nor advance any private
perſon to commands or honors, but by autho<g ref="char:EOLhyphen"/>rity
of his <hi>great Counſel.</hi>"</q> Which oath being
alſo taken by <hi>Frederick</hi> the ſecond, made <hi>Bodinus</hi>
ſay, that the Kings of <hi>Danemark, non tam reipſa
quam appellare Reges ſunt,</hi> were only titular Kings,
but not Kings indeed: Which character he alſo
gives of the Kings of <hi>Bohemia.</hi>
                  <note n="ſ" place="margin">Id. ibid. p. 88.</note> But in an ab<g ref="char:EOLhyphen"/>ſolute
Monarchy the caſe is otherwiſe, all the
prerogatives and rights of Soveraignty being ſo
veſted in the Kings perſon, <hi>ut nec ſingulis civibus nec
univerſis fac eſt,</hi> &amp;c. that it is neither lawful to par<g ref="char:EOLhyphen"/>ticular
men, nor to the whole body of the Sub<g ref="char:EOLhyphen"/>jects
generally to call the Prince in queſtion for
life, fame, or fortunes:<note n="t" place="margin">Id. ibid. p. 210.</note> and amongſt theſe he
reckoneth the kingdoms of <hi>France, Spain, England,
Scotland,</hi> the <hi>Tartars, Muſcovites, &amp; omnium paene</hi>
                  <pb n="236" facs="tcp:114881:123"/>
Africae <hi>&amp;</hi> Aſiae <hi>imperiorum,</hi> and of almoſt all the
Kingdomes of <hi>Africk,</hi> and <hi>Aſia.</hi> But this we
ſhall the better ſee by looking over the particu<g ref="char:EOLhyphen"/>lars
as they lye before us.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="III"/> (3.) But firſt before we come unto thoſe par<g ref="char:EOLhyphen"/>ticulars
we will look backwards on the condition
and authority of the <hi>Jewiſh Sanhedrim;</hi> which
being inſtituted and ordained by the Lord him<g ref="char:EOLhyphen"/>ſelf,
may ſerve to be a leading caſe in the pre<g ref="char:EOLhyphen"/>ſent
buſineſs. For being that the <hi>Iews</hi> were the
Lords own people, and their Kings honored
with the title of the <hi>Lords Anointed:</hi> it will be
thought, that if the <hi>Sanhedrim,</hi> or the great Coun<g ref="char:EOLhyphen"/>cel
of the <hi>ſeventie</hi> had any authority and power
over the Kings of <hi>Iudah,</hi> (of whoſe <hi>jus Regni</hi> ſuch
a large deſcription is made by God himſelf in the
firſt of <hi>Sam. cap.</hi> 8.) the <hi>three Eſtates</hi> may reaſo<g ref="char:EOLhyphen"/>nably
expect the like in theſe parts of <hi>Chriſtendom.</hi>
Now for the authority of the <hi>Sanhedrim,</hi> it is ſaid
by Cardinal <hi>Baronius,</hi> that they had power of ju<g ref="char:EOLhyphen"/>dicature
over the Law, the Prophets, and the
Kings themſelves.<note n="u" place="margin">Baron. Annal. Eccl. An. 31. §. 10.</note> 
                  <hi>Erat horum ſumma autoritas
ut qui de lege cognoſcerent, &amp; Prophetis, &amp; ſimul de</hi>
Regnibus <hi>judicarent.</hi> Which falſe poſition he
confirms by as falſe an inſtance, affirming in
the very next words, <hi>horum judicio</hi> Herodem <hi>Re<g ref="char:EOLhyphen"/>gem
poſtulatum eſſe,</hi> that King <hi>Herod</hi> was conven<g ref="char:EOLhyphen"/>ted
and convicted by them; for which he cites
<hi>Ioſephus</hi> with the like integrity. I ſhould have
wondred very much what ſhould occaſion ſuch
a groſſe miſtake in the learned Cardinal, had I
<pb n="237" facs="tcp:114881:123"/>
not ſhewn before, that as he makes the <hi>Sanhedrim</hi>
to rule the King, ſo he hath made the high Prieſt
to rule the <hi>Sanhedrim:</hi> which to what purpoſe it
was done every man can tell, who knoweth the
Cardinal endeavoureth nothing more in his large
Collections, than to advance the dignity and
<hi>ſupremacy</hi> of the Popes of <hi>Rome.</hi>
                  <note n="x" place="margin">Id. in Epiſt dedi<g ref="char:EOLhyphen"/>cator.</note> But for the pow<g ref="char:EOLhyphen"/>er
pretended to be in the <hi>Sanhedrim,</hi> and their
proceedings againſt <hi>Herod</hi> as their actual King;
<hi>Ioſephus</hi> when he cite's is ſo far from ſaying it, that
he doth expreſly ſay the contrary. For, as <hi>Joſe<g ref="char:EOLhyphen"/>phus</hi>
tells the ſtory, <hi>Hyrcanus</hi> was then King, not
<hi>Herod;</hi> and <hi>Herod</hi> of ſo little hopes to enjoy the
Kingdom, that he could not poſſibly pretend any
Title to it. But having a command in <hi>Galilee</hi> pro<g ref="char:EOLhyphen"/>cured
by <hi>Antipater</hi> his Father, of the good King
<hi>Hyrcanus,</hi> he had played the wanton Governor a<g ref="char:EOLhyphen"/>mongſt
them, and put ſome of them to death
againſt Law and Juſtice. For which the Mo<g ref="char:EOLhyphen"/>thers
of the ſlain <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
did often call upon the King and people in
the open Temple, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,<note n="y" place="margin">Joſeph. Ant<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>q Judic. l. 14. cap. 17.</note>
&amp;c. that <hi>Herod</hi> might anſwer for the murther
before the <hi>Sanhedrim,</hi> Which being granted by
the King, he was accordingly convented by them,
and had been queſtionleſſe condemned, had not
the King, who loved him dearly, given him no<g ref="char:EOLhyphen"/>tice
of it; on whoſe advertiſement he went out of
the Town, and ſo eſcaped the danger. This is
the ſubſtance of that ſtory: and this gives no au<g ref="char:EOLhyphen"/>thority
to the Court of <hi>Sanhedrim,</hi> over the perſons
or the actions of the Kings of <hi>Iudah.</hi> Others there
<pb n="238" facs="tcp:114881:124"/>
are, who make them equal to the Kings, though
not ſuperiour, (<hi>Magnam fuiſſe</hi> Senatus <hi>autoritatem
&amp;</hi> Regiae <hi>velut parem,</hi>
                  <note n="z" place="margin">Grotius in Matth. cap. 5. v. 22.</note> ſaith the learned <hi>Grotius:</hi>)
And for the proof thereof allege thoſe words of
<hi>Sedechias</hi> in the Book of <hi>Ieremie:</hi> who when the
<hi>Princes</hi> of his Realm required of him to put the
Prophet to death, returned this Anſwer,<note n="a" place="margin">Jerem. 38. 5.</note> 
                  <hi>Be<g ref="char:EOLhyphen"/>hold
he is in your h<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>nd,</hi> Rex enim contra vos nihil
poteſt, <hi>for the King is not he that can do any thing a<g ref="char:EOLhyphen"/>gainſt
you.</hi> Which words are alſo cited by Mr.
<hi>Prynne</hi> to prove that the King of <hi>England</hi> hath no
<hi>Negative voyce;</hi>
                  <note n="b" place="margin">Prynne of Parl. pt. 2. p. 73.</note> but by neither rightly. For
<hi>Calvin</hi> (who, as one obſerveth, compoſed his expo<g ref="char:EOLhyphen"/>ſitions
on the book of God according to the do<g ref="char:EOLhyphen"/>ctrine
of his <hi>Inſtitutions</hi>
                  <note n="c" place="margin">Hookers preface.</note>) would not have loſt ſo
fair an evidence for the advancing of the power of
his <hi>three Estates:</hi> had he conceived he could have
made it ſerviceable to his end and purpoſe. But
he upon the contrary finds fault with them, who
do ſo expound it, or think the King did ſpeak ſo
honorably of his Princes, <hi>ac ſi nihil iis ſit nequan<g ref="char:EOLhyphen"/>dum</hi>
                  <note n="d" place="margin">Calvin. in Jerem. c. 38. v. 5.</note> as if it were not to deny them any thing.
Not ſo, ſaith he, it rather is <hi>amerulenta</hi> Regis
<hi>querimonia,</hi> a ſad and bitter complaint of the poor
captivated King againſt his Counſellors; by
whom he was ſo over-ruled, <hi>ut velit nolit cedere
iis cognitur,</hi> that he was forced to yield to them
whether he would or not: which he expreſly
calls <hi>inexcuſabilem arrogantium,</hi> an intollerable
piece of ſawcineſs in thoſe Princes, and an exclu<g ref="char:EOLhyphen"/>ſion
of the King from his legal rights.</p>
               <p>
                  <pb n="239" facs="tcp:114881:124"/>
                  <milestone type="tcpmilestone" unit="unspecified" n="IV"/>(4) Let us next take a view of ſuch Chriſtian
Kingdomes as are under the command of abſo<g ref="char:EOLhyphen"/>lute
Monarchs. And firſt we will begin with the
Realm of <hi>France,</hi> the government whereof is meerly
<hi>Regal,</hi> if not <hi>deſpotical,</hi> ſuch as that of a Maſter over
his Servants: which <hi>Aristotle</hi> defineth to be a form
of Government, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
<note n="c" place="margin">Ariſtot. Politic. l. 3.</note> wherein the King may do whatſoever he
liſt, according to the counſel of his own mind. For
in his <hi>Arbitrary Edicts</hi> which he ſendeth abroad,
he never mentioneth the conſent of the People,
or the approbation of the Counſel, or the advice
of his Judges (which might be thought to dero<g ref="char:EOLhyphen"/>gate
too much from his <hi>abſolute</hi> power) but con<g ref="char:EOLhyphen"/>cludes
all of them in this <hi>Regal</hi> form, <hi>Car tel eſt no<g ref="char:EOLhyphen"/>ſtre
plaiſir,</hi> for ſuch is our pleaſure. And though
the Court of <hi>Parliament</hi> in <hi>Paris</hi> do uſe to take up<g ref="char:EOLhyphen"/>on
them to peruſe his <hi>Edicts,</hi> before they paſſe a<g ref="char:EOLhyphen"/>broad
for<note n="d" place="margin">View of France by Dallington.</note> Laws, and ſometime to demurr
on his grants, and patents, and to petition him
to reverſe the ſame, as they ſee occaſion; yet
their peruſal is a matter but of meer <hi>formality,</hi> and
their demurs more dilatory than effectual. It is
the <hi>Car tel eſt noſtre plaiſir</hi> that concludes the buſi<g ref="char:EOLhyphen"/>neſs,
and the Kings pleaſure is the Law which
that Court is ruled by. As for the <hi>Aſſemblie des
Eſtats,</hi> or <hi>Conventus Ordinum,</hi> it was reputed an<g ref="char:EOLhyphen"/>tiently
the Supreme Court for government and ju<g ref="char:EOLhyphen"/>ſtice
of all the Kingdome; and had the cogni<g ref="char:EOLhyphen"/>zance
of the greateſt and moſt weighty affairs
of State. But theſe meetings have been long
<pb n="240" facs="tcp:114881:125"/>
ſince diſcontinued, and almoſt forgotten: there
being no ſuch <hi>Aſſembly</hi> from the time of K. <hi>Charles</hi>
the eighth, to the beginning of the reign of K.
<hi>Charles</hi> the ninth,<note n="e" place="margin">Thuanus hiſt. ſui temp.</note> which was 70 years, and
not many ſince. And to ſay truth, they could be
but of little uſe, as the world now goeth, were the
meetings oftner. For whereas there are three
Principal, if not ſole occaſions of calling this Aſ<g ref="char:EOLhyphen"/>ſemblie,
or <hi>Conventus Ordinum,</hi> that is to ſay, the
diſpoſing of the <hi>Regency,</hi> during the nonage or
ſickneſs of the King, the granting <hi>aids</hi> and ſub<g ref="char:EOLhyphen"/>ſidies,
and the redreſs of the <hi>grievances:</hi> there is
now another courſe taken to diſpatch their buſi<g ref="char:EOLhyphen"/>neſs.
The Parliament of <hi>Paris,</hi> which ſpeaks
moſt commonly as it is prompted by power and
greatneſs, appointeth the <hi>Regent;</hi>
                  <note n="f" place="margin">Contin. Thuani. An. 1610.</note> the Kings
themſelves together with their Treaſurers and
Under-officers determine of the taxes,<note n="g" place="margin">View of France.</note> and
they that do complain of <hi>grievances</hi> may either
have recourſe to the Courts of juſtice, or elſe pe<g ref="char:EOLhyphen"/>tition
to the King for redreſs thereof. And for
the making new Laws or repealing the old, the
naturalization of the Alien, and the regulating
of his ſales or grants of the Crown-lands, the
publick patrimony of the Kingdome, which were
wont to be the proper ſubject and debates of theſe
<hi>grand Aſſemblies:</hi> they alſo have been ſo diſpoſed
of, that the <hi>Conventus Ordinum</hi> is neither troubled
with them, nor called about them. The <hi>Cham<g ref="char:EOLhyphen"/>ber</hi>
of <hi>Accompts</hi> in <hi>Paris</hi> (which hath ſome reſem<g ref="char:EOLhyphen"/>blance
to our Court of <hi>Exchequer</hi>) doth abſolute<g ref="char:EOLhyphen"/>ly
diſpoſe of <hi>Naturalizations,</hi> and ſuperficially ſur<g ref="char:EOLhyphen"/>veyeth
<pb n="241" facs="tcp:114881:125"/>
the Kings grants and ſales,<note n="*" place="margin">Andr. Du Meſn.</note> which they
ſeldom croſs. The Kings <hi>Car tel est noſtre plaiſir</hi> is
the Subjects law, and is as binding as any Act
or Ordinance of the <hi>three Eſtates:</hi> and for repeal<g ref="char:EOLhyphen"/>ing
of ſuch Laws as upon long experience are
conceived to be unprofitable, the Kings ſole E<g ref="char:EOLhyphen"/>dict
is as powerfull as any <hi>Act</hi> of <hi>Parliament.</hi> Of
which <hi>Bodinus,</hi> doth not only ſay in theſe general
terms, <hi>Saepe vidimus ſine Ordinum convocatione &amp;
conſenſu leges à Principe abrogatas</hi>
                  <note n="k" place="margin">Bodin. de Rep. lib. 1. cap. 8.</note>. that many
times theſe Kings did abrogate ſome antient laws
without the calling and conſent of the <hi>three E<g ref="char:EOLhyphen"/>ſtates:</hi>
but ſaith, that it was neither new nor ſtrange
that they ſhould ſo do, and gives us ſome par<g ref="char:EOLhyphen"/>ticular
inſtances, not only of the later times but
the former ages. Nay when the power of this
<hi>Aſſemblie des Eſtats</hi> was moſt great and eminent,
neither ſo curtailled nor neglected as it hath been
lately; yet then they carried themſelves with the
greateſt reverence and reſpect before their King,
that could be poſſibly imagined. For in the Aſ<g ref="char:EOLhyphen"/>ſembly
held at <hi>Tours</hi> under <hi>Charles</hi> the 8. though
the King was then no more than 14 years of age,
and the authority of that Court ſo great and aw<g ref="char:EOLhyphen"/>full
that it was never at ſo high an eminence for
power and reputation, <hi>quanta illis temporibus,</hi> as
it was at that time: yet when they came before
the King, <hi>Monſeiur de Rell</hi> being then <hi>Speaker</hi> for
the <hi>Commons</hi> or the <hi>third Eſtate,</hi> did in the name of
all the reſt, and with as much humility and reve<g ref="char:EOLhyphen"/>rence
as he could deviſe, promiſe ſuch duty and
obedience, ſuch a conformity of his will and
<pb n="242" facs="tcp:114881:126"/>
pleaſure, ſuch readineſs to ſupply his wants,
and ſuch alacrity in hearking unto his Com<g ref="char:EOLhyphen"/>mandements,
that as <hi>Bodinus</hi> well obſerves,
his<g ref="char:punc">▪</g> whole Oration was nothing elſe, <hi>quam per<g ref="char:EOLhyphen"/>petua
voluntatis omnium erga</hi> Regem <hi>teſtificatio</hi>
                  <note n="l" place="margin">Id. ibid.</note>,
but a conſtant teſtimony and expreſsion of
the good affections of the ſubject to their Lord
and Soveraign. But whatſoever power they
had in former times is not now material, King
<hi>Lewis</hi> the thirteenth, having (on good rea<g ref="char:EOLhyphen"/>ſon
of State) diſcharged thoſe <hi>Conventions</hi> for
the time enſuing, Inſtead whereof he inſtituted
an Aſſembly of another temper, and ſuch as
ſhould be more obnoxious to his will and plea<g ref="char:EOLhyphen"/>ſure,
conſiſting of a certain number of perſons out
of each Eſtate, but all of his own nomination and
appointment, which joyn'd with certain of
his Counſel and principal Officers, he cauſed to
be called <hi>L' Aſſembly des Notables,</hi> aſſigning to them
all the power and privileges which the later Con<g ref="char:EOLhyphen"/>ventions
of the three Eſtates did pretend unto;
right well aſſured that men ſo nominated and in<g ref="char:EOLhyphen"/>truſted
would never uſe their powers to his de<g ref="char:EOLhyphen"/>triment,
and diſturbance of his Heirs and Suc<g ref="char:EOLhyphen"/>ceſſors.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="V"/> 5. But to proceed, <hi>Bodinus</hi> having ſhewn what
dutifull reſpects the Convention of Eſtates in
<hi>France</hi> ſhewed unto their King, addes this note,
<hi>nec aliter Hiſpanorum conventus habentur,</hi> that the
Aſſembly of the <hi>three Eſtates</hi> in the Realms of
<hi>Spain</hi> carry themſelves with the like reverence
<pb n="243" facs="tcp:114881:126"/>
and ſubmiſſion to their Lord the King: Nay <hi>ma<g ref="char:EOLhyphen"/>jor
etiam obedientia &amp; majus obſequium</hi> Regi <hi>exhibe<g ref="char:EOLhyphen"/>tur,</hi>
                  <note n="m" place="margin">Id. ibid.</note> the King of <hi>Spain</hi> hath more obedience
and obſervance from his <hi>three Estates,</hi> than that
which is afforded to the Kings of <hi>France.</hi> Which
being but general and comparative, is yet enough
to let us ſee that the Aſſembly of <hi>Estates</hi> in the
Realms of <hi>Spain,</hi> which they call the <hi>Curia,</hi> is very
obſervant of their King and obſequious to him,
and have but little of that power which is ſuppo<g ref="char:EOLhyphen"/>ſed
by our Author to be inherent in the <hi>three Eſtates</hi>
of all the Chriſtian Kingdoms, But this <hi>Bodinus</hi>
proveth more particularly, aſcribing to the King,
and to him alone, the power of <hi>calling</hi> this Aſſem<g ref="char:EOLhyphen"/>blie
when he ſees occaſion, and of <hi>diſſolving</hi> it
again when his work is done; according as is u<g ref="char:EOLhyphen"/>ſed
both in <hi>France</hi> and <hi>England.</hi> And when they
are aſſembled and met together, their Acts and
conſultations are of no effect, further than as they
are confirmed by the Kings conſent. Which
he declareth in the ſame form (<hi>eadem formulà
quâ apud nos</hi>) that hath accuſtomably been uſed
by the Kings of <hi>France,</hi> which is authoritative e<g ref="char:EOLhyphen"/>nough;
that is to ſay<note n="n" place="margin">Id. ibid. p. 90.</note> 
                  <hi>decernimus, ſtatuimus, vo<g ref="char:EOLhyphen"/>lumus,</hi>
We will, and we appoint, and we have
decreed. The Kings of <hi>Spain,</hi> though not ſo <hi>deſpo<g ref="char:EOLhyphen"/>tical</hi>
in their Government as the <hi>French</hi> Kings are,
are as abſolute <hi>Monarchs,</hi> and have as great an
influence on the <hi>three Eſtates,</hi> to make them pliant
to their will, and to work out their own ends by
them, as ever had the <hi>French</hi> Kings on their
Courts of <hi>Parliament:</hi> a touch whereof we had
<pb n="244" facs="tcp:114881:127"/>
before in the former Chapter. And this we may
yet further ſee by their obſervance of the plea<g ref="char:EOLhyphen"/>ſure
of King <hi>Philip</hi> the 2d. Who having maried
the Lady <hi>Elizabeth</hi> Daughter of <hi>Henry</hi> the 2d. of
<hi>France, Convocatos Caſtellae &amp; reliquarum</hi> Hiſpaniae
<hi>Provinciarum Ordines,</hi>
                  <note n="o" place="margin">Thuan. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>iſt. ſui temp. h 23. l.</note> calling together the <hi>E<g ref="char:EOLhyphen"/>ſtates</hi>
of <hi>Caſtile</hi> and his other Provinces of <hi>Spain,</hi> he
cauſed them to ſwear to the ſucceſſion of his Son
Prince <hi>Charles,</hi> whom he had by the Lady <hi>Mary</hi> of
<hi>Portugal,</hi> and after having on ſome jealouſies of
State put that Prince to death, cauſed them to
ſwear to the ſucceſſion of another ſon by the Lady
of <hi>Auſtria.</hi> And for the power of his Edicts, which
they call <hi>Pragmaticas,</hi> they are as binding to the
Subject as an Act of Parliament, or any kind of
Law whatever: examples of the which are ve<g ref="char:EOLhyphen"/>ry
obvious and familiar in the <hi>Spaniſh</hi> Hiſtories.
For though there be a body of Laws in uſe a<g ref="char:EOLhyphen"/>mongſt
them, partly made up of ſome old <hi>Gothiſh</hi>
Laws and Conſtitutions, and partly of ſome
parts of the <hi>Law imperial:</hi> yet for the explanation
of the Laws in force, if any doubt ariſe about
them, or for ſupplying ſuch defects which in the
beſt colllection of the Laws may occur ſometimes,
the Magiſtrates and Judges are to have recourſe
to the King alone, and to conform to ſuch in<g ref="char:EOLhyphen"/>ſtructions
as he gives them in it. And this is it
which was ordained by <hi>Alfonſo</hi> the tenth, <hi>qui etiam
magistratus ac judices</hi> Principem <hi>adire juſsit, quoties
patrio jure nihil de propoſita cauſa ſcriptum eſſet</hi>
                  <note n="p" place="margin">Bodin. de Rep. lib. 1. cap. 8.</note>, as
<hi>Bodinus</hi> hath it. 'Tis true that for the raiſing of
ſupplies of mony, and the impoſing of extraordi<g ref="char:EOLhyphen"/>nary
<pb n="245" facs="tcp:114881:127"/>
taxes upon the ſubject, the Kings of <hi>Spain</hi>
muſt be beholden to the <hi>three Estates,</hi> without
whoſe conſent it cannot legally be done. But
then it is as true withall, that there are cuſtoma<g ref="char:EOLhyphen"/>ry
tributes called <hi>Servitia</hi>
                  <note n="q" place="margin">Id. ibid. p. 90.</note> which the King
raiſeth of his own authority without ſuch con<g ref="char:EOLhyphen"/>ſent.
And their conſenting to the extraordinary
is a thing of courſe: the <hi>Spaniſh</hi> Nation being ſo
well affected naturally to the power and great<g ref="char:EOLhyphen"/>neſs
of their Kings, whom they deſire to make
conſiderable if not formidable in the opinion of
their Neighbours, that the Kings ſeldome fail
of monies if the Subjects have it. Finally that
we may perceive how abſolute this Monarch is
over all the Courts or <hi>Curias</hi> of his whole domi<g ref="char:EOLhyphen"/>nions;
take this along according as it ſtands <hi>ver<g ref="char:EOLhyphen"/>batim</hi>
                  <note n="ſ" place="margin">Spaniſh hiſt. 67. by Tyrannell.</note> in the <hi>Spaniſh</hi> Hiſtorie. <q rend="inline margQuotes">"The King
of <hi>Spain</hi> as he is a potent Prince and Lord of
many Countries, ſo hath he many Counſels for
the managing of their affairs diſtinctly and a<g ref="char:EOLhyphen"/>part
without any confuſion: every <hi>Counſel</hi> trea<g ref="char:EOLhyphen"/>ting
only of thoſe matters which concern their
Juriſdiction and charges: with which Coun<g ref="char:EOLhyphen"/>ſels
and with the Preſidents thereof, being men
of chief note, the King doth uſually confer
touching matters belonging to the good Go<g ref="char:EOLhyphen"/>vernment,
preſervation, and increaſe of his E<g ref="char:EOLhyphen"/>ſtates,
and having heard every mans opinion,
he commands that to be executed which he
holds moſt fit and convenient.."</q>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VI"/> 6. Next let us take a view of <hi>Scotland,</hi> and we
<pb n="246" facs="tcp:114881:128"/>
ſhall find it there no otherwiſe (I mean in refe<g ref="char:EOLhyphen"/>rence
to the point which is now in queſtion) than
in <hi>France</hi> or <hi>Spain.</hi> For beſides that <hi>Bodinus</hi> makes
it one of thoſe abſolute <hi>Monarchies, ubi Reges ſine
controverſia omnia jura</hi> Majeſtatis <hi>habent per ſeſe,</hi>
                  <note n="t" place="margin">Bodin. de Repub. l. 2. c. 7.</note> in which the Kings have clearly all the <hi>rights</hi>
of <hi>Majeſty</hi> inherent in their own perſons only:
it is declared in the Records of that very King<g ref="char:EOLhyphen"/>dome,
that the King is <hi>directus totius dominus,</hi>
                  <note n="u" place="margin">Camden n Britan. de<g ref="char:EOLhyphen"/>icript. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                  </note> the Soveraign Lord of the whole State, and
hath <hi>all authority and juriſdiction over all eſtates and
degrees, aſwel Eccleſiaſtical as lay or temporal.</hi> And as for
thoſe <hi>Eſtates</hi> and <hi>Degrees</hi> convened in <hi>Parliament,</hi>
we may conjecture at their power, by that which
is delivered of the form or order which they
held it in; which is briefly this. <note n="x" place="margin">Form of holding the Parl. in Scotl.</note> 
                  <q rend="inline margQuotes">"Aſſoon
as the Kings writ is iſſued out for ſummoning
the <hi>Eſtates</hi> to meet in Parliament, he maketh
choyſe of eight of the <hi>Spiritual</hi> Lords, ſuch on
whoſe wiſdom and integrity he may moſt rely;
which eight do chooſe as many of the <hi>Temporal</hi>
Lords, and they together nominate eight more
out of the Commiſſioners for the <hi>Counties,</hi> and as
many out of the Commiſſioners for the Towns
or <hi>Burroughs.</hi> Theſe 32 thus choſen are called
<hi>Domini pro Articulis,</hi> Lords of the Articles: and
they together with the <hi>Chancellor, Treaſurer, Kee<g ref="char:EOLhyphen"/>per</hi>
of the <hi>Privy Seal,</hi> and Principal <hi>Secretaries</hi> of
ſtate, and the <hi>Maſter of the Rolls</hi> (whom they call
<hi>Clerk Regiſter</hi>) do admit or reject every bill; [but
not before they have been ſhewn unto the King]
if they paſs there they are preſented afterwards
<pb n="247" facs="tcp:114881:128"/>
to the whole <hi>Aſſembly,</hi> where being thorowly
weighed, and examined, &amp; put unto the votes of
the houſe; ſuch of them as are carried by the ma<g ref="char:EOLhyphen"/>jor
part of the Voices (for the <hi>Lords</hi> and <hi>Commons</hi>
ſit together in the ſame houſe there) are on the
laſt day of the <hi>Seſsions</hi> exhibited to the King: who
by touching them with his Scepter pronoun<g ref="char:EOLhyphen"/>ceth
that he either ratifieth and approveth
them, or that he doth diſable them and make
them void. But if the buſineſs be diſliked by
the <hi>Lords of the Articles</hi> it proceeds no further,
and never comes unto the conſideration of the
Parliament, or if the King diſlikes of any thing
in it when they ſhew it to him, it either is ra<g ref="char:EOLhyphen"/>zed
out or mended before it be preſented to the
publick view."</q> King <hi>James</hi> of bleſſed memory,
who very well underſtood his own power and the
forms of that Parliament, deſcribes it much to
the ſame purpoſe, in his Speech made at <hi>White<g ref="char:EOLhyphen"/>hall,</hi>
March 31. <hi>Anno</hi> 1607. <q rend="inline margQuotes">"About twenty
daies (ſaith he) before the Parliament, Procla<g ref="char:EOLhyphen"/>mation
is made throughout the Kingdom to de<g ref="char:EOLhyphen"/>liver
unto the Kings Clerk of Regiſter all Bils
to be exhibited that Seſſion before a certain
day. Then are they brought unto the King, and
peruſed and conſidered by him, and only ſuch
as he alloweth of are put into the Chancellors
hands to be propounded to the Parliament, and
none others. And if any other man in Parlia<g ref="char:EOLhyphen"/>ment
ſpeak of any other matter than is in this
ſort firſt allowed by the King, the Chancellor
telleth him that the King hath allowed of no
<pb n="248" facs="tcp:114881:129"/>
ſuch Bill. Beſides, when they have paſſed
them for Laws they are preſented to the King,
and he with his Scepter put into his hands by
the Chancellor, muſt ſay, <hi>I ratifie and approve all
things done in this preſent Parliament.</hi> And if
there be any thing that he diſliketh it is razed
out before."</q> So the eldeſt Parliament-man
as he ſaid himſelf, at that time in <hi>Scotland.</hi>
This was the form of holding Parliaments in
<hi>Scotland,</hi> which, whoſoever doth conſider with
a ſerious eye may perceive moſt plainly, that it
is wholly in the Kings power to frame the <hi>Parlia<g ref="char:EOLhyphen"/>ment</hi>
to his own will, or at the leaſt to hinder it
from doing any thing to the prejudice of his <hi>Roy<g ref="char:EOLhyphen"/>al</hi>
Crown and Dignity: in that the nominating
of the <hi>Lords of the Articles</hi> did in a manner totally
depend on him. Which being obſerved by the
<hi>Scots,</hi> they took the opportunity when they were
in Arms to paſs an Act during the Preſidency of
the Lord <hi>Burley, Anno</hi> 1640.<note n="y" place="margin">Acts of Parliaments, 16 Carol.</note> for the abolition
of this Order, and for reducing of that Parliament
to the forms of <hi>England;</hi> as being thought more
advantagious to their purpoſes, than the former
was. So that the violent diſloyalty of the <hi>Scotiſh</hi>
Subjects, their Inſurrections againſt their Kings,
and murdering them ſometimes when their heels
were up, which makes that Nation ſo ill ſpoke of
in the Stories of Chriſtendom, are not to be impu<g ref="char:EOLhyphen"/>ted
to the <hi>three Eſtates</hi> convened in Parliament, or
to any power or Act of theirs, but only <hi>praefer<g ref="char:EOLhyphen"/>vido</hi>
Scotorum <hi>ingenio</hi>
                  <note n="z" place="margin">Rivet cont. tenuit.</note> as one pleads it for
them, unto the natural diſpoſition of that fierce
<pb n="249" facs="tcp:114881:129"/>
and head-ſtrong people, yet eaſilier made ſub<g ref="char:EOLhyphen"/>ject
unto rule and government. The <hi>three Eſtates</hi>
aſſembled in the Court of <hi>Parliament,</hi> (when in
the judgement of our Author they are moſt fit to
undertake the buſineſs) have for the moſt part
had no hand in thoſe deſperate courſes.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VII"/> 7. And now at laſt we ate come to <hi>Eng<g ref="char:EOLhyphen"/>land,</hi>
where, ſince we came no ſooner, we will
ſtay the longer: and here we ſhall behold the
King eſtabliſhed in an abſolute <hi>Monarchy,</hi> from
whom the meeting of the <hi>three Estates</hi> in Parlia<g ref="char:EOLhyphen"/>ment
detracteth nothing of his power and autho<g ref="char:EOLhyphen"/>rity
Royal. <hi>Bodin</hi> as great a <hi>Politick</hi> as any of his
time in the Realm of <hi>France,</hi> hath ranked our
Kings amongſt the <hi>abſolute Monarch</hi> of theſe We<g ref="char:EOLhyphen"/>ſtern
parts<note n="a" place="margin">Bodin de Rep. l. 1. c. 8.</note>. And <hi>Camden</hi> as renowned an
Antiquary as any of the Age he lived in, hath
told us of the King of <hi>England, ſupremam poteſta<g ref="char:EOLhyphen"/>tem
&amp; merum imperium habere</hi>
                  <note n="b" place="margin">Camden in Britan. de<g ref="char:EOLhyphen"/>ſcript.</note>, <q rend="inline margQuotes">"that he hath
ſupreme power and abſolute command in his
dominions; and that he neither holds his
Crown in vaſſallage, nor receiveth his inveſti<g ref="char:EOLhyphen"/>ſture
of any other, nor acknowledgeth any Su<g ref="char:EOLhyphen"/>periour,
but God alone."</q> To prove this laſt,
he cites theſe memorable words from <hi>Bracton</hi> an
old <hi>Engliſh</hi> Lawyer, <hi>omnis quidem ſub</hi> Rege, <hi>&amp;


ipſe ſub nullo ſed tantum ſub deo,</hi> that every man is
under the King, but the King under none ſaving
only God. But <hi>Bracton</hi> tells us more than this,
and affirms expreſly, that the King hath ſupreme
power and juriſdiction over all cauſes and per<g ref="char:EOLhyphen"/>ſons
<pb n="250" facs="tcp:114881:130"/>
in this his Majeſties Realm of <hi>England,</hi> that
all juriſdictions are veſted in him and are iſſued
from him, and that he hath <hi>jus gladii,</hi> or the right
of the ſword, for the better governance of his
people. This is the ſubſtance of his words, but
the words are theſe,<note n="c" place="margin">Bracton de leg. A<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>gl. l. 2. c. 24.</note> 
                  <hi>Sciendum est</hi> (ſaith he)
<hi>quod ipſe dominus</hi> Rex <hi>ordinariam habet juriſdictio<g ref="char:EOLhyphen"/>nem
&amp; dignitatem &amp; poteſtatem</hi> ſuper omnes <hi>qui in
regno ſuo ſunt. Habet enim</hi> omnia jura <hi>in manu
ſua quae ad coronam &amp; laicalem pertinent potestatem,
&amp; materialem</hi> gladium <hi>qui pertinet ad Regni guber<g ref="char:EOLhyphen"/>nandum,
&amp;c.</hi> He addes yet ſurther. <hi>Habet item
in potestate ſua</hi> leges <hi>&amp; conſtitutiones</hi>
                  <note n="d" place="margin">Id. l. 2. c. 16.</note>, that the
Laws and conſtitutions of the Realm, are in the
power of the King: by which words, whether
he meaneth that the <hi>Legiſlative power</hi> is in the
King, and whether the <hi>Legiſlative power</hi> be in him,
and in him alone, we ſhall ſee anon. But ſure
I am, that he aſcribes unto the King the power of
interpreting the Law in all doubtfull caſes, <hi>in du<g ref="char:EOLhyphen"/>biis
&amp; obſcuris domini Regis expectanda interpretatio
&amp; voluntas,</hi> which is plain enough. For
though he ſpeaketh only <hi>de chartis Regiis &amp; factis
Regum,</hi> of the Kings <hi>deeds</hi> and <hi>charters</hi> only, as the
words ſeem to import; yet conſidering the times
in which he lived (being Chief Juſtice in the
time of King <hi>Henry</hi> the 3d.) wherein there was
but little written Law more than what was com<g ref="char:EOLhyphen"/>prehended
in the Kings Grants and Charters, he
may be underſtood of all Laws whatever. And
ſo much is collected out of <hi>Bractons</hi> words by the
L. Chancellor <hi>Egerton,</hi> of whom it may be ſaid
<pb n="251" facs="tcp:114881:130"/>
without envy, that he was as grave and learned a
Lawyer, as ever ſat upon that Bench. <q rend="inline margQuotes">"Who
gathereth out of <hi>Bracton,</hi> that all caſes not
determined for want of foreſight are in the
King, to whom belongs the right of interpre<g ref="char:EOLhyphen"/>tation,
not in plain and evident caſes, but only
in new queſtions and emergent doubts; and
that the King hath as much right by the con<g ref="char:EOLhyphen"/>ſtitutions
of this Kingdom, as the Civil law
gave the <hi>Roman</hi> Emperors, where it is ſaid, <hi>Rex
ſolus judicat de cauſa a jure non definita</hi>
                     <note n="e" place="margin">Caſe of the Poſt-nati. p. 107, 108.</note>."</q> And
though the Kings make not any Laws without
the counſel and conſent of his <hi>Lords</hi> and <hi>Commons,</hi>
whereof we ſhall ſpeak more in the following
Section, yet in ſuch caſes where the Laws do pro<g ref="char:EOLhyphen"/>vide
no remedy, and in ſuch matters as concern
the politick adminiſtration of his Kingdoms, he
may and doth take order by his <hi>Proclamations.</hi> He
alſo hath authority by his <hi>Prerogative</hi> Royal
to diſpenſe with the rigour of the Laws, and
ſometimes to paſs by a Statute with a <hi>non obſtante,</hi>
as in the Statute 1 <hi>Henr.</hi> 4. <hi>cap.</hi> 6. touching the va<g ref="char:EOLhyphen"/>lue
to be ſpecified of ſuch lands, offices, or
annuities, &amp;c, as by the King are granted in his
Letters patents. But theſe will better come with<g ref="char:EOLhyphen"/>in
the compaſſe of thoſe <hi>jura Majeſtatis</hi> or rights
of Soveraignty, which our Lawyers call <hi>ſacra &amp;
individua</hi>
                  <note n="f" place="margin">Camden in B<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>it.</note>: <hi>ſacred,</hi> by reaſon they are not to be
pryed into with irreverent eyes; and <hi>individual</hi>
or inſeparable, becauſe they cannot be commu<g ref="char:EOLhyphen"/>nicated
unto any other. Of which kind are the
levying of Arms<note n="g" place="margin">Caſe of our Aſſairs. p. 3.</note>, ſuppreſſing of tumults and
<pb n="252" facs="tcp:114881:131"/>
rebellions, providing for the preſent ſafety of his
Kingdom againſt ſudden dangers, convoking of
<hi>Parliaments,</hi> and diſſolving them, making of
Peers, granting liberty of ſending <hi>Burgeſſes</hi> to
Towns and Cities, treating with forein States,
making war, leagues, and peace, granting ſafe
conduct and protection, indenizing, giving of ho<g ref="char:EOLhyphen"/>nor,
rewarding, pardoning, coyning, printing,
and the like to theſe. But what need theſe par<g ref="char:EOLhyphen"/>ticulars
have been looked into, to prove the abſo<g ref="char:EOLhyphen"/>luteneſs
and ſoveraignty of the Kings of <hi>England,</hi>
when the whole body of the Realm hath affir<g ref="char:EOLhyphen"/>med
the ſame, and ſolemnly declared it in their
Acts of Parliament. In one of which is affirmed,
<note n="h" place="margin">16 Rich. 2. c. 5.</note> that <hi>the Crown of</hi> England <hi>hath been ſo</hi> free <hi>at all
times, that it hath been in no earthly ſubjection,</hi> but im<g ref="char:EOLhyphen"/>mediatly
to God, <hi>in all things touching the regality of
the ſaid</hi> Crown, <hi>and to none other.</hi> And in another
Act, <hi>that the Realm of</hi> England <hi>is an</hi> Empire <hi>gover<g ref="char:EOLhyphen"/>ned
by one</hi> ſupreme head <hi>and</hi> King, <hi>having the Digni<g ref="char:EOLhyphen"/>ty
and Royal Eſtate of the</hi> Imperial <hi>Crown of the ſame,
unto whom a</hi> Body politick <hi>compact of all ſorts and de<g ref="char:EOLhyphen"/>grees
of people, divided in terms and by names of</hi> Spi<g ref="char:EOLhyphen"/>ritualty
<hi>and</hi> Temporalty <hi>been bounden and ought to
bear</hi> next to God <hi>a natural and humble obedience</hi>
                  <note n="i" place="margin">24 Henr. 8. c. 12.</note>.
And more than ſo, <hi>that the King being the</hi> ſupreme
head <hi>of this</hi> Body Politick <hi>is inſtituted and furniſhed
by the goodneſs and ſufferance of Almighty God with ple<g ref="char:EOLhyphen"/>nary</hi>
whole and entire <hi>power, preheminence, authority,
prerogative, and juriſdiction to render and yield juſtice
and</hi> final determination <hi>to all manner of Subjects
within this Realm, and</hi> in all cauſes whatſoever.
<pb n="253" facs="tcp:114881:131"/>
Nor was this any new Opinion invented only to
comply with the Princes humour, but ſuch as is
declared to have been fortified <hi>by ſundry Laws and
Ordinances made in former Parliaments</hi>
                  <note n="k" place="margin">Ibid.</note>: and ſuch
as hath been ſince confirmed by a ſolemn Oath,
taken and to be taken by moſt of the Subjects of
this Kingdom, Which <hi>Oath</hi> conſiſting of two
parts, the one <hi>Declaratory,</hi> and the other <hi>Promiſſory;</hi>
in the <hi>Declaratory</hi> part the man thus taketh it doth
<hi>declare and teſtifie in his conſcience, that the Kings
Highneſs is the</hi> only ſupreme Governor <hi>of this Realm
and of all other his Dominions, and Countries, aſwell in
all</hi> ſpiritual or eccleſiaſtical <hi>things or cauſes as</hi> tem<g ref="char:EOLhyphen"/>poral,
&amp;c.<note place="margin">(l) 1 Eliz. c. 1.</note> And in the <hi>Promiſſooy</hi> part, they make
Oath and ſwear, <hi>that to their power they will</hi> aſſiſt and
defend <hi>all Juriſdictions, Privileges, Preheminences,
and Authorities granted or</hi> belonging to the Kings
<hi>Highneſs, his Heirs and Succceſſeors, or united and an<g ref="char:EOLhyphen"/>nexed
to the</hi> Imperial Crown <hi>of this Realm.</hi> Put
all which hath been ſaid together, and it will ap<g ref="char:EOLhyphen"/>pear,
that if to have <hi>merum imperium,</hi> a full and
abſolute command, and all the <hi>jura majeſtatis</hi>
which belong to Soveraignty, if to be ſo <hi>ſupreme</hi>
as to hold immediatly of God, to have all perſons
under him, none but God above him; if to have
all authority and juriſdiction to be veſted in him,
and proceeding from him, and the <hi>material ſword</hi>
at his ſole diſpoſal for the correcting of offenders
and the well ordering of his people; if to have
<hi>whole and entire power of rendring juſtice and</hi> final de<g ref="char:EOLhyphen"/>termination
<hi>of all cauſes</hi> to all manner of Subjects,
us alſo to interpret and diſpence with Laws; and
<pb n="254" facs="tcp:114881:132"/>
all this ratified and confirmed unto him by the ſo<g ref="char:EOLhyphen"/>lemn
Oath of his Subjects in the Court of Parlia<g ref="char:EOLhyphen"/>ment,
be enough to make an <hi>abſolute Monarch:</hi> the
Kings of <hi>England</hi> are more <hi>abſolute Monarchs</hi> than
either of their Neighbours of <hi>France</hi> or <hi>Spain.</hi>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="VIII"/> 8. If any thing may be ſaid to detract from this, it
is the new deviſe ſo much preſſed of late, of placing
the chief <hi>Soveraignty,</hi> or ſome part thereof, in the
two Houſes of Parliament: concerning which Mr.
<hi>Prynne</hi> publiſhed a diſcourſe entituled <hi>The ſupreme
power of Parliaments and Kingdoms;</hi> and others in
their Pamphlets upon that Argument have made
the Parliament ſo <hi>abſolute,</hi> and the King ſo limited,
that of the two the Members of the Houſes are
the greater <hi>Monarchs.</hi> But this is but a new deviſe,
not heard of in our former Monuments &amp; Records
of Law: nor proved, or to be proved indeed by any
other <hi>Medium,</hi> than the Rebellions of <hi>Cade, Tiler,
Straw, Kett, Mackerell,</hi> and the reſt of that raſcall
rabble<note n="m" place="margin">Prynnes book of Parl. &amp;c. p<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 3.</note>; or the ſeditious Parliaments in the
time of K. <hi>Henry</hi> the 3d. King <hi>Edward</hi> the 2d. and
King <hi>Richard</hi> the 2d. when civil war and faction
carried all before it. For neither have the Hou<g ref="char:EOLhyphen"/>ſes
or either of them enjoyed ſuch Soveraignty <hi>de
facto</hi> in times well ſetled, and <hi>Parliaments</hi> lawful<g ref="char:EOLhyphen"/>ly
aſſembled, nor ever could pretend to the ſame
<hi>de jure.</hi> Or if they did, as many have been apt
enough to raiſe falſe pretences, it would much
trouble them to determine whether this <hi>Sove<g ref="char:EOLhyphen"/>raignty</hi>
be conferred upon them by the King or the
people, whether it be in either of the Houſes ſe<g ref="char:EOLhyphen"/>verally,
<pb n="255" facs="tcp:114881:132"/>
or in both united. If they can challenge
this pretended <hi>Soveraignty</hi> in neither of theſe ca<g ref="char:EOLhyphen"/>pacities,
nor by none of theſe Titles, it may
be warrantably concluded that there is no ſuch
<hi>Soveraignty</hi> as they do pretend to. And firſt there
is no part nor branch of <hi>Soveraignty</hi> conferred
upon them by the King. The writs of Summons
which the <hi>Declaration of the Lords and Commons aſ<g ref="char:EOLhyphen"/>ſembled
at Oxon.</hi> 1643. doth moſt truly call <hi>the foun<g ref="char:EOLhyphen"/>dation
of all power in Parliament</hi>
                  <note n="n" place="margin">Declara<g ref="char:EOLhyphen"/>tion of the Treaty. p. 15.</note>, tell us no ſuch
matter. The writ directed to the Lords doth
enable them only to confer and treat with one
another, <hi>&amp; conſilium vestrum impendere,</hi> and to
adviſe the King in ſuch weighty matters as con<g ref="char:EOLhyphen"/>cern
the ſafety of the Kingdom. But they are
only to adviſe, not compell the King, to counſell
him, but not controll him; and to adviſe and
counſel are no marks of <hi>Soveraignty,</hi> but rather
works of ſervice and <hi>ſubordination.</hi> Nor can they
come to give this Counſel without he invite
them, and being invited by his writ cannot chooſe
but come, except he excuſe them: which are ſure
notes of duty and ſubjection, but very ſory ſigns
of power and ſoveraignty. 'Tis true, that being
come together they may and ſometimes do, on a
<hi>writ of Error,</hi> examin, and reverſe or affirm ſuch
judgements as have been given in the <hi>Kings Bench:</hi>
and from their ſentence in the caſe there is no
appeal, but only to the whole body of that Court,
the King and both the Houſes, the Head and
Members<note n="o" place="margin">Caſe of our Affairs. p. 7, 8.</note>. But this they do, not as the upper
houſe of <hi>Parliament,</hi> but as the diſtinct <hi>court</hi> of the
<pb n="256" facs="tcp:114881:133"/>
Kings <hi>Barons of Parliament</hi> of a particular and mi<g ref="char:EOLhyphen"/>niſterial
juriſdiction, to ſome intents and purpo<g ref="char:EOLhyphen"/>ſes,
and to ſome alone: which though it doth
inveſt them with a power of <hi>judicature,</hi> confers not
any thing upon them which belongs to <hi>Soveraign<g ref="char:EOLhyphen"/>ty.</hi>
Then for the <hi>Commons,</hi> all which the writ
doth call them to is <hi>facere &amp; conſentire,</hi> to do and
conſent unto ſuch things which are ordained by
the Lords and Common Counſel of the Kingdom
of <hi>England,</hi> and ſure <hi>conformity</hi> and <hi>conſent,</hi> which
is all the writ requireth from them) are no marks
of <hi>Soveraignty,</hi> nor can an Argument be drawn
from thence by the ſubtilleſt Sophiſter, to ſhew
that they are called to be partakers of the <hi>Sove<g ref="char:EOLhyphen"/>raign</hi>
power, or that the King intends to denude
himſelf of any branch or leaf thereof to hide their
nakedneſſe. And being met together in a body
<hi>collective,</hi> they are ſo far from having any ſhare in
<hi>Soveraignty,</hi> that they cannot properly be called
a <hi>Court of Judicature,</hi> as neither having any power
to miniſter an Oath<note n="p" place="margin">Id. p. 9.</note>, or to impriſon any body
(except it be ſome of their own Members if they
ſee occaſion) which are things incident to all
Courts of Juſtice, and to every <hi>Steward</hi> of a <hi>Leet,</hi>
inſomuch that the Houſe of Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>mons is compa<g ref="char:EOLhyphen"/>red
by ſome (<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>and not incongruoſly) unto the
<hi>Grand Inqueſt</hi> at a general Seſſions<note n="q" place="margin">Review of the Obſer<g ref="char:EOLhyphen"/>vat. p. 22.</note>, whoſe prin<g ref="char:EOLhyphen"/>cipal
work it is to receive bils, and prepare buſi<g ref="char:EOLhyphen"/>neſſes,
and make them fit and ready for my
Lords the Judges. Nay ſo far were they hereto<g ref="char:EOLhyphen"/>fore
from the thoughts of <hi>Soveraignty,</hi> that they
were lyable to ſutes and puniſhments for things
<pb n="257" facs="tcp:114881:133"/>
done in Parliament, though only to the preju<g ref="char:EOLhyphen"/>dice
of a private Subject, untill King <hi>Henry</hi> 8.
moſt graciouſly paſſed a Law for their indemni<g ref="char:EOLhyphen"/>ty.
For whereas <hi>Richard Strode</hi> one of the com<g ref="char:EOLhyphen"/>pany
of <hi>Tinners</hi> in the County of <hi>Cornwall,</hi> being
a Member of the <hi>Commons</hi> Houſe, had ſpoken ſom<g ref="char:EOLhyphen"/>what
to the prejudice of that Society, and con<g ref="char:EOLhyphen"/>trary
to the <hi>Ordinances</hi> of the <hi>Stanneries;</hi> at his
return into the Country, <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e was areſted, fined,
impriſoned. Complaint whereof being made
in Parliament, the King paſſed a Law to this ef<g ref="char:EOLhyphen"/>fect,
<hi>viz.</hi>
                  <note n="r" place="margin">4 H<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>n. 8. c. 8.</note> 
                  <hi>That ull ſutes, condemnations, executi<g ref="char:EOLhyphen"/>ons,
charges and impoſitions put or hereafter to be put
upon</hi> Richard Strode, <hi>and every of his Complices that
be of this</hi> Parliament, <hi>or a<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>y other hereafter, for any</hi>
Bill, ſpeaking, or reaſoning <hi>of any thing concern<g ref="char:EOLhyphen"/>ing
the</hi> Parliament <hi>to be communed and treated of, ſhall
be void</hi> and null: but neither any reparation was
allowed to <hi>Strode,</hi> nor any puniſhment inflicted
upon thoſe that ſued him, for ought appears
upon Record. And for the Houſes joyned to<g ref="char:EOLhyphen"/>gether
(which is the laſt capacity they can claim
it in) they are ſo far from having the <hi>ſupreme autho<g ref="char:EOLhyphen"/>rity,</hi>
that (as it is obſerved by a learned Gentle<g ref="char:EOLhyphen"/>man)
<q rend="inline margQuotes">"they cannot ſo unite or conjoyn as to be
an entire Court either of <hi>Soveraign</hi> or <hi>Miniſte<g ref="char:EOLhyphen"/>rial</hi>
juriſdiction; no otherwiſe co-operating than
by concurrence of Votes in their ſeveral Hou<g ref="char:EOLhyphen"/>ſes,
for preparing matters in order to an Act of
Parliament<note n="s" place="margin">Caſe of our Affairs. p. 9.</note>: Which when they have done,
they are ſo far from having any <hi>legal authority</hi> in
the State, as that in Law there is no ſtile nor
<pb n="258" facs="tcp:114881:134"/>
form of their joynt Acts; nor doth the Law ſo
much as take notice of them until they have the
<hi>Royal Aſſent.</hi> So that conſidering that the two
Houſes alone do no way make an entire Body
or Court, and that there is no known ſtile nor
form of any Law or <hi>Edict,</hi> by the <hi>Votes</hi> of the
two Houſes only, nor any notice taken of them
by the Law; it is apparent that there is no <hi>So<g ref="char:EOLhyphen"/>veraignty</hi>
in their two <hi>Votes</hi> alone."</q> How far
the practiſe of the Lords &amp; Commons which re<g ref="char:EOLhyphen"/>maind
at <hi>Weſtminster,</hi> after ſo many of both Hou<g ref="char:EOLhyphen"/>ſes
had tepaired to the King, &amp;c. may create <hi>Pre<g ref="char:EOLhyphen"/>cedents</hi>
unto poſterity, I am not able to determine:
but ſure I am, they have no <hi>Precedent</hi> to ſhew from
the former Ages. But let us go a little further and
ſuppoſe for granted, that the Houſes either joynt
or ſeparate be capable of the <hi>Soveraignty,</hi> were
it given unto them: I would fain know whether
they claim it from the King, or the people only.
Not from the King, for he confers upon them no
further power than to <hi>debate</hi> and treat of his great
Affairs, to have acceſs unto his perſon, <hi>freedome</hi> of
<hi>Speech</hi> (as long as they contein themſelves within
the bounds of Loyalty) authority over their own
Members: which being cuſtumarily deſired<note n="t" place="margin">Hakewell of paſſing bils in Parliament</note>,
and of courſe obtained (as it relates into the <hi>Com<g ref="char:EOLhyphen"/>mons</hi>)
ſhews plainly, that theſe vulgar privileges
are nothing more the <hi>rights</hi> of <hi>Parliament,</hi> than the
<hi>favours</hi> of <hi>Princes,</hi> but yet ſuch favours as impart
not the leaſt power of <hi>Soveraignty.</hi> Nor doth the
calling of a Parliament <hi>ex opere operato</hi> as you
know who phraſe it, either denude the King of
<pb n="259" facs="tcp:114881:134"/>
the pooreſt robe of all his <hi>Royalty,</hi> or confer the
ſame upon the Houſes, or on either of them;
whether the King intend ſo by his call, or other<g ref="char:EOLhyphen"/>wiſe.
For <hi>Bodin</hi> (whom Mr. <hi>Prynne</hi> hath honored
with the title of a <hi>grand Politician</hi>
                  <note n="u" place="margin">Pryn of Parliam. par. 2. p. 45.</note>) doth affirm
expreſly, <hi>Principis majeſtatem nec Comitorum convo<g ref="char:EOLhyphen"/>catione,
nec Senatus populique praeſentia minui</hi>
                  <note n="x" place="margin">Bodin. de Repub.</note>, that
the majeſty or <hi>Soveraignty</hi> of the King is not a
jot diminiſhed either by the calling of a Parlia<g ref="char:EOLhyphen"/>ment
or <hi>Conventus Ordinum,</hi> or by the frequency
and preſence of his <hi>Lords</hi> and <hi>Commons.</hi> Nay to
ſay truth, the <hi>Majeſty</hi> of <hi>Soveraign</hi> Princes is never
ſo tranſcendent and conſpicuous as when they
ſit in Parliament, with their States about them,
<hi>the King then ſtanding in his higheſt Estate,</hi> as was
once ſaid by <hi>Henry</hi> 8. who knew (as well as any
of the Kings of <hi>England</hi>) how to keep up the <hi>ma<g ref="char:EOLhyphen"/>jeſty</hi>
of the Crown Imperial. Nor can they claim
it from the people, who have none to give; for
<hi>nemo dat quod non habet,</hi> as the ſaying is. The King
(as hath been proved before) doth hold his Roy<g ref="char:EOLhyphen"/>al
Crown immediately from God himſelf, not
from the contract of the people. He writes not
<hi>populi clementia,</hi> but <hi>Dei gratia,</hi> not by the favour
of the people, but by the <hi>grace of God.</hi> The con<g ref="char:EOLhyphen"/>ſent
and approbation of the people (uſed and not
uſed before the day of coronation) is reckoned
only as a part of the ſolemn pomps which are
then accuſtomably uſed. The King is actually King
to all intents and purpoſes in the Law whate<g ref="char:EOLhyphen"/>ver,
immediately on the death of his Predeceſ<g ref="char:EOLhyphen"/>ſor.
Nor ever was it otherwiſe objected in the
<pb n="260" facs="tcp:114881:135"/>
Realm of <hi>England,</hi> till <hi>Clark</hi> and <hi>Watſon</hi> pleaded it
at their arraignment in the firſt year of King
<hi>James</hi>
                  <note n="y" place="margin">Speeds Hiſtory in K. James.</note>. Or grant we that the <hi>Majeſty</hi> of this
Kingdom was firſt originally in the people, and
by them devolved upon the King by their <hi>joynt con<g ref="char:EOLhyphen"/>ſent:</hi>
yet having given away that power by their
ſaid <hi>conſent,</hi> and ſetled it upon the King by an
Act of State, confirmed by Oaths and all ſolem<g ref="char:EOLhyphen"/>nities
which that Act requires; they cannot ſo
retract that grant, or make void that gift, as to
paſs a new <hi>conveyance</hi> of it, and ſettle it upon their
<hi>Repreſentees</hi> in the Houſe of <hi>Commons.</hi> Or if they
could, yet this would utterly exclude all the
<hi>Lords</hi> from having the leaſt ſhare or portion in
this new found <hi>Soveraignty;</hi> in that they <hi>repre<g ref="char:EOLhyphen"/>ſent</hi>
not the common people, but ſit there only
in their own <hi>perſonal capacities,</hi> and therefore muſt
ſubmit at laſt to theſe new made <hi>Soveraigns,</hi> who
carry both the <hi>Purſe</hi> &amp; <hi>Sword</hi> at their own girdles.
So then the people cannot give the <hi>Soveraignty,</hi>
and if they have no power to give it, the <hi>Lords</hi>
and <hi>Commons</hi> have no claim thereunto <hi>de jure.</hi> See
we next therefore how much of this <hi>Soveraignty</hi>
they or their Predeceſſors rather have enjoyed <hi>de
facto,</hi> in peaceable and <hi>regular</hi> times, fit to be
drawn into example in the Ages following. The
chief particulars in which the <hi>Soveraignty</hi> conſiſts
we have ſeen before; and will now ſee whether
that any of them been exerciſed and injoyed
in peaceable and <hi>regular</hi> times by both or ei<g ref="char:EOLhyphen"/>ther
of the two Houſes of <hi>Parliament.</hi> And firſt
for <hi>calling and diſſolving</hi> Parliaments, <hi>making of
<pb n="261" facs="tcp:114881:135"/>
Peers, granting of liberty</hi> to Towns and Cities, to
make choyſe of <hi>Burgeſſes,</hi> which antiently had no
ſuch <hi>liberty, treating with forein States, denouncing
war,</hi> or making <hi>Leagues or Peace</hi> after war com<g ref="char:EOLhyphen"/>menced,
<hi>granting ſafe conduct</hi> and protection, <hi>in<g ref="char:EOLhyphen"/>denizing
of Aliens, giving of honors</hi> unto eminent
and deſerving perſons, <hi>rewarding, pardoning, coy<g ref="char:EOLhyphen"/>ning,
printing, making of corporations,</hi> and <hi>diſpenſing</hi>
with the Laws in force; they are ſuch points
which never <hi>Parliament</hi> did pretend to till theſe
later times, wherein every thing almoſt is law<g ref="char:EOLhyphen"/>full
(I am ſure more law<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ull) than to <hi>fear God
and honor the King.</hi> Nor do I find that Mr. <hi>Prynne</hi>
hath laboured to entitle them to theſe particu<g ref="char:EOLhyphen"/>lars.
For <hi>levying of Arms</hi> and the command of the
<hi>Militia,</hi> beſides that the Kings of <hi>England</hi> have
ever been in poſſeſſion of it, and that poſſeſſion
never diſturbed or interrupted by any claim of
<hi>right</hi> made in the behalf of the <hi>two Houſes,</hi> (which
is as ſure a title as the Law can make): the <hi>Hou<g ref="char:EOLhyphen"/>ſes</hi>
have declared by a Act of Parliament<note n="a" place="margin">S<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>at. 7 Ed. 1. cap. 1.</note>, that
<hi>of right it belongs unto the</hi> King <hi>ſtreightly to defend</hi>
(that is prohibit) <hi>all force of Arms, and that the</hi> Par<g ref="char:EOLhyphen"/>liament
<hi>is bound to aid him in that prohibition.</hi> Touch<g ref="char:EOLhyphen"/>ing
the <hi>Royal navy</hi> and the <hi>ports</hi> and <hi>forts,</hi> the Kings
preſcription to them is ſo ſtrong and binding,
that in the 3d. of <hi>Edward</hi> 3.<note place="margin">Edw. 3.</note> the Houſe of <hi>Commons;</hi>
did diſclaim the having cogniſance of ſuch mat<g ref="char:EOLhyphen"/>ters
as <hi>the guarding of the Seas, and marches</hi> of the
Kingdome: which certainly they had not done
had they pretended any title to the <hi>ports</hi> and <hi>navy.</hi>
As for <hi>ſuppreſsing tumults,</hi> and <hi>providing for the
<pb n="262" facs="tcp:114881:136"/>
ſafety of the Kingdom</hi> againſt ſudden danger, the
Law commits it ſolely to the care of the King: obli<g ref="char:EOLhyphen"/>ging
<hi>every Subject by the duty of his allegeance to aid and
aſsist him at all ſeaſons when need ſhall require</hi>
                  <note n="b" place="margin">11 Henr. 7. c. 18.</note>. And
for their power of declaring law in the Houſe of
Peers, wherein they deliver their opinion in
the point before them, <hi>in true propriety of ſpeech</hi> they
have none at all<note n="c" place="margin">Caſe of our Affairs, p. 4.</note>. And this is that which was
affirmed by his Majeſty at the end of the Parlia<g ref="char:EOLhyphen"/>ment,
<hi>Anno</hi> 1628. ſaying, that <hi>it belonged only to
the Iudges under him to</hi> interpret laws, <hi>and that none
of the Houſes of Parliament joynt or ſeparate (what new
Doctrine ſoever might be raiſed) had any</hi> power <hi>ei<g ref="char:EOLhyphen"/>ther
to make or</hi> declare law <hi>without his conſent</hi>
                  <note n="d" place="margin">3 Car.</note>.
And if it be done with his <hi>conſent,</hi> it is not ſo pro<g ref="char:EOLhyphen"/>perly
the <hi>declaring</hi> and interpreting of an <hi>old law,</hi>
as the <hi>making</hi> rather of a <hi>new,</hi> ſaith a learned
Gentleman<note n="e" place="margin">Caſe of our affairs, P. 5.</note>.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="IX"/> 9. Others have found out a new way to in<g ref="char:EOLhyphen"/>veſt
the Parliament with the robes of <hi>Soveraignty,</hi>
not as <hi>ſuperiour</hi> to the King, but <hi>co-ordinate</hi> with
him: and this ſay they <hi>appears ſufficiently in that the</hi>
two Houſes <hi>of Parliament have not only a power of</hi> con<g ref="char:EOLhyphen"/>ſulting
<hi>but of</hi> conſenting, and that too <hi>in the higheſt
office of the Monarchy,</hi> (whereof they are a <hi>Coordina<g ref="char:EOLhyphen"/>tive</hi>
part) <hi>the making of Laws</hi>
                  <note n="f" place="margin">Fuller Anſwer to D. F. p. 2.</note>. Which dange<g ref="char:EOLhyphen"/>rous
doctrin as it was built at firſt on that former
error which makes the King to be one of the <hi>three
Eſtates</hi> in Parliament, ſo it is <hi>ſuper-structed</hi> with
ſome neceſſary conſequents; whether more treaſo<g ref="char:EOLhyphen"/>nable
or ridiculous, it is hard to ſay. For on
<pb n="263" facs="tcp:114881:136"/>
theſe grounds the Author of the <hi>Fuller Anſwers</hi>
hath preſented us with theſe trim deviſes<note n="g" place="margin">Id. pag. 1.</note>, <hi>viz.</hi>
that <hi>England is not a ſimple</hi> ſubordinate <hi>and abſolute,
but a</hi> coordinative <hi>and mixt Monarchy;</hi> that <hi>this</hi>
mixt Monarchy <hi>is compounded of three</hi> coordinate
<hi>Eſtates, a</hi> King <hi>and</hi> two Houſes <hi>of Parliament; that
theſe three make but</hi> one ſupreme, <hi>but that</hi> one <hi>is a</hi>
mixt one, <hi>or elſe the Monarchy were not mizt;</hi> and
finally, which needs muſt follow from the pre<g ref="char:EOLhyphen"/>miſes,
that although <hi>every Member of the Houſes</hi>
ſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>orſim, <hi>taken</hi> ſeverally, <hi>may be called a</hi> Subject, <hi>yet
all</hi> collective <hi>in their</hi> houſes <hi>are no</hi> Subjects. <hi>Audi<g ref="char:EOLhyphen"/>tum
admiſſi riſum teneatis?</hi> Can any man hear
theſe ſerious follies and abſtain from laughter?
or think a fellow who pretends both to wit and
learning ſhould talk thus of a <hi>Monarchy</hi> (which e<g ref="char:EOLhyphen"/>very
one <hi>that knoweth any thing in</hi> Greek, <hi>know
to imply</hi> the ſupreme government of <hi>one</hi>) compoun<g ref="char:EOLhyphen"/>ded
of <hi>three coordinate Eſtates,</hi> and thoſe <hi>coordinate
Estates</hi> conſiſting of no fewer than 600 perſons?
Or that a man who can pretend but to ſo much
uſe of reaſon as to diſtinguiſh him from a beaſt,
could fall on ſuch a ſenſeleſt Dotage, as to make
the ſame man at the ſame time to be a <hi>Subject and
no Subject;</hi> a Subject in the <hi>Streets</hi> and in his <hi>private
Houſe,</hi> no Subject when he ſits in <hi>Haberdaſhers</hi>
Hall for advance of moneys, or in either of the
<hi>two Houſes</hi> of Parliament? And yet this ſenſeleſs
Doctrine is become ſo dangerous, becauſe ſo u<g ref="char:EOLhyphen"/>niverſally
admired and hearkned to, that the be<g ref="char:EOLhyphen"/>ginning
and continuance of our long Diſturban<g ref="char:EOLhyphen"/>ces
may chiefly be aſcribed unto this opinion, to
<pb n="264" facs="tcp:114881:137"/>
which they have ſeduced the poor ignorant peo<g ref="char:EOLhyphen"/>ple.
The rather in regard that ſome who have
undertook the confutation of theſe brainleſs ſolies,
have moſt improvidently granted not only<note n="h" place="margin">As in the book called Conſcience ſatisfied.</note> 
                  <hi>that
the two Houſes of</hi> Parliament <hi>are in a ſort</hi> coordinate
<hi>with the</hi> King ad aliquid, <hi>to ſome Act or exerciſing of
the</hi> ſupreme power, <hi>that is to the making</hi> of Laws;
<hi>but that this</hi> coordination <hi>of the three Eſtates</hi> (of which
the King is yielded every where for one) <hi>is fun<g ref="char:EOLhyphen"/>damental,
and held by the two Houſes on no worſe a title
than a</hi> fundamental Conſtitution; which is as
much as any reaſonable <hi>Parliamentarian</hi> need de<g ref="char:EOLhyphen"/>ſire
to have. Therefore in Anſwer to the <hi>Fuller,</hi>
(not taking notice of his fooliſh and ſeditious in<g ref="char:EOLhyphen"/>ferences)
we will clear thoſe points. 1. That the
two Houſes of Parliament are not <hi>coordinate</hi> with
the King, but <hi>ſubordinate</hi> to him; And 2. that
the power <hi>of making laws</hi> is properly and legally
in the King alone. As for the firſt we had be<g ref="char:EOLhyphen"/>fore
a <hi>Recognition</hi> made by Act of Parliament, by
which the Kingdom of <hi>England</hi> is acknowledged
to be an <hi>Empire governed by</hi> one ſupreme head and
King, <hi>to whom all ſorts and degrees of people ought to
bear</hi> next to God <hi>a natural and humble obedience</hi>
                  <note n="i" place="margin">24 H. 8. c. 12.</note>:
which certainly the <hi>Lords</hi> and <hi>Commons</hi> had not
made to the dethroning of themſelves, their heirs
and ſucceſſors from this <hi>coordinative</hi> part of <hi>Sove<g ref="char:EOLhyphen"/>raignty,</hi>
if any ſuch <hi>coordination</hi> had been then be<g ref="char:EOLhyphen"/>lieved.
Or if it be ſuppoſed, to excuſe the matter,
that K. <hi>Henry</hi> the 8th. being a ſevere and terrible
Prince did wreſt this <hi>Recognition</hi> from them
(which yet will hardly ſerve for a good defence:)
<pb n="264" facs="tcp:114881:137"/>
what ſhall we ſay to the like <hi>recognition</hi> made in
the beginning of Queen <hi>Elizabeths</hi> reign<note n="k" place="margin">1 Eliz. c. 1.</note>, when
ſhe was green in State, and her power unſetled,
and ſo leſs apt to work upon her people by
threats and terrors? Aſſuredly had the <hi>Houſes</hi>
dream't in thoſe broken times of that <hi>coordinative
Soveraignty,</hi> which is now pretended, they might
have eaſily regained it, and made up that breach
which by the violent aſſaults of King <hi>Henry</hi> the
8th. had been made upon them: which was a point
they never aimed at. Beſides, if this <hi>coordinative m<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                     <g ref="char:EOLhyphen"/>jeſty</hi>
might be once admitted, it muſts needs follow,
that though the King hath no <hi>Superiour,</hi> he hath
many <hi>Equalls;</hi> and where there is <hi>Equality</hi> there is
no Subjection. But <hi>Bracton</hi> tells us in plain terms,
not only that the King hath no <hi>Superiour</hi> in his
Realm, except God almighty, but no <hi>Equal</hi> nei<g ref="char:EOLhyphen"/>ther:
and the reaſon which he gives is exceeding
ſtrong, <hi>Quia ſic amitteret praeceptum, cum par in
Parem non habeat poteſtatem</hi>
                  <note n="l" place="margin">Bracton de leg. A<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>gl. l. 1. c. 8<g ref="char:punc">▪</g>
                  </note>, becauſe he could not
have an <hi>Equal,</hi> but with the loſſe of his Authori<g ref="char:EOLhyphen"/>ty
and <hi>Regal Dignity,</hi> conſidering that one <hi>Equal</hi>
hath no power to command an other. Now
leſt the <hi>Fuller</hi> ſhould object (as perhaps he may)
that this is ſpoken of the King out of times of
<hi>Parliament,</hi> and of the Members of the Houſes
<hi>ſeorſim,</hi> taken <hi>ſeverally</hi> as particular perſons; but
when they are convened in Parliament, then they
are <hi>Soveraigns</hi> and no <hi>Subjects:</hi> firſt he muſt know,
that by the Statute of Queen <hi>Elizabeth</hi> all of the
Houſe of <hi>Commons</hi> are to take the oath before re<g ref="char:EOLhyphen"/>membred
for the <hi>defending of all</hi> preheminences,
<pb n="266" facs="tcp:114881:138"/>
                  <hi>and</hi> authorities <hi>united and annexed to the Imperial</hi>
Crown <hi>of this Realm,</hi> and for <hi>bearing faith and</hi> true
allegiance <hi>to the King, his Heirs, and lawfull Succeſ<g ref="char:EOLhyphen"/>ſours,</hi>
and that if any of them do refuſe this Oath,
he <hi>is to have no voice in Parliament</hi>
                  <note n="m" place="margin">Stat. 5 E<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>iz. 1.</note>. 2. He
cannot chooſe but know, that even <hi>ſedente Parlia<g ref="char:EOLhyphen"/>mento,</hi>
both the Lords and Commons uſe to ad<g ref="char:EOLhyphen"/>dreſs
themſelves to his ſacred Majeſty in the way
of ſupplication and <hi>petition,</hi> (and certainly it is
not the courſe for men of equal rank to ſend <hi>Peti<g ref="char:EOLhyphen"/>tions</hi>
unto one another); and that in thoſe <hi>Petitions</hi>
they do ſtile themſelves <hi>his Majeſties most humble
and obedient Subjects.</hi> Which is not only uſed as
the common Complement which the hypocriſie
of theſe times hath taken up, (though poſſibly it
might be no otherwiſe meant in ſome late ad<g ref="char:EOLhyphen"/>dreſſes)
but is the very phraſe in ſome Acts of
Parliament<note n="n" place="margin">
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>25 Hen. 8. c. 22. &amp;c.</note>, as in the Acts at large doth at
full appear. 3. They may be pleaſed to know, how
happy a thing it was for the Realm of <hi>England</hi>
that this <hi>Fuller</hi> did not live in former times: For
had he broached this Doctrine ſome Ages ſince,
he would have made an end of Parliaments. Prin<g ref="char:EOLhyphen"/>ces
are very jealous of the ſmalleſt points of <hi>So<g ref="char:EOLhyphen"/>veraignty,</hi>
and love to reign alone without any
<hi>Rivals:</hi> their Souls being equally made up of <hi>Pom<g ref="char:EOLhyphen"/>peys</hi>
and <hi>Caeſars,</hi> and can as little broke an <hi>Equul,</hi>
as endure a <hi>Superiour.</hi> And laſtly, I muſt let him
know what <hi>Bodinus</hi> ſaith, who telleth us this, <hi>Le<g ref="char:EOLhyphen"/>gum
ac edictorum</hi> probatio <hi>aut publicatio quae in Cu<g ref="char:EOLhyphen"/>ria
vel</hi> Senatu <hi>fieri ſolet, non arguit</hi> imperii maje<g ref="char:EOLhyphen"/>ſtatem
<hi>in Senatu vel Curia ineſſe</hi>
                  <note n="o" place="margin">Bodin de Rep. l. 1. c. 8.</note>, <hi>viz.</hi> That the
<pb n="267" facs="tcp:114881:138"/>
publiſhing and <hi>approbation</hi> of Laws and Edicts
which is made ordinarily in the <hi>Court</hi> or <hi>Parlia<g ref="char:EOLhyphen"/>ment,</hi>
proves not the <hi>Majeſty</hi> of the State to be in
the ſaid Court or Parliament. And therefore
if the power of confirmation or rejecting be of a
greater truſt and more high concernment, than
that of <hi>conſulting</hi> and <hi>conſenting,</hi> as no doubt it is,
the power of <hi>conſulting</hi> and <hi>conſenting,</hi> which the
<hi>Fuller</hi> doth aſcribe to the two Houſes of Parlia<g ref="char:EOLhyphen"/>ment,
will give them but a ſory Title to <hi>Co-ordi<g ref="char:EOLhyphen"/>native</hi>
ſoveraignty.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="X"/> 10. This leads me on unto the power of <hi>ma<g ref="char:EOLhyphen"/>king
Laws,</hi> which as before I ſaid, is properly
and legally in the King alone, <hi>tanquam in proprio
Subjecto,</hi> as in the true and adequate ſubject of
that power. And for the proof thereof, I ſhall
thus proceed. When the <hi>Norman</hi> Conqueror
firſt came in, as he wonne the Kingdom by the
ſword, ſo did he govern it by his power: His
<hi>Sword</hi> was then the <hi>Scepter,</hi> and his <hi>will</hi> the <hi>Law.</hi>
There was no need on his part, of an Act of Parli<g ref="char:EOLhyphen"/>ament;
much leſs of calling all the <hi>Eſtates</hi> together,
to know of them after what form, and by what
Laws they would be governed. It might as well
be ſaid of him, as in the flouriſh and beſt times of
the <hi>Roman</hi> Emperors<note n="p" place="margin">Juſtin. In<g ref="char:EOLhyphen"/>ſtitut. l. 1. c.</note>, <hi>Quod Principi placuerit le<g ref="char:EOLhyphen"/>gis
habet vigorem,</hi> that whatſoever the King willed
it did paſs for<g ref="char:punc">▪</g> Law. This King and ſome of
his Succeſſours being then <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, and ha<g ref="char:EOLhyphen"/>ving
a <hi>deſpotical</hi> power on the lives and fortunes
of their Subjects, which they diſpoſed of for the
<pb n="268" facs="tcp:114881:139"/>
benefit of their friends and followers, <hi>Normans,
French,</hi> and <hi>Flemangs,</hi> as to them ſeemed beſt. But
as the Subjects found the yoke to be too heavy
and inſupportable; ſo they addreſſed themſelves
in their <hi>Petitions</hi> to the Kings their <hi>Soveraigns,</hi> to
have that yoke made eaſier, and the burden light<g ref="char:EOLhyphen"/>er,
eſpecially in ſuch particulars, of which they
were moſt ſenſible at the preſent time. By this
means they obtained firſt to have the Laws of <hi>Ed<g ref="char:EOLhyphen"/>ward</hi>
the <hi>Confeſſor,</hi> contain'd for the moſt part in
the <hi>great Charter</hi> afterwards: and by this means,
that is to ſay, by powring out their prayers and
deſires unto them, did they obtain moſt of the
Laws and Statutes, which are now remaining
of the time of King <hi>Henry</hi> the 3d. and King <hi>Ed<g ref="char:EOLhyphen"/>ward</hi>
the firſt. Many of which as they were iſſu<g ref="char:EOLhyphen"/>ed
at the firſt either in form of <hi>Charters</hi> under the
Great Seal, or elſe as <hi>Proclamations</hi> of Grace and
favour; ſo do they carry ſtill this mark of their
firſt procuring, the <hi>King willeth,</hi> the <hi>King comman<g ref="char:EOLhyphen"/>deth,</hi>
the <hi>King ordaineth,</hi> the <hi>King provideth,</hi> the
<hi>King grants,</hi> &amp;c. And when the Kings were plea<g ref="char:EOLhyphen"/>ſed
to call their <hi>Eſtates</hi> together, it was not out of
an opinion that they could not give away their
power, or diſpence their favours, or abate any
thing of the ſeverity of their former government,
without the approbation and conſent of their
people: but out of juſt fear leſt any one of the
<hi>three Estates</hi> (I mean the <hi>Clergy,</hi> the <hi>Nobility,</hi> and
the <hi>Commons</hi>) ſhould inſiſt on any thing, which
might be prejudicial to the other two. The <hi>Com<g ref="char:EOLhyphen"/>mons</hi>
being alwaies on the <hi>craving</hi> part, and ſuf<g ref="char:EOLhyphen"/>fering
<pb n="269" facs="tcp:114881:139"/>
as much perhaps from their <hi>immediate
Lords,</hi> as from their King, might poſſibly
have asked ſome things which were as much
derogatory to the <hi>Lords</hi> (under whom they held)
as of their <hi>Soveraign</hi> Liege the King, the <hi>chief
Lord</hi> of <hi>all.</hi> In this reſpect, the <hi>Counſel</hi> and <hi>con<g ref="char:EOLhyphen"/>ſent</hi>
as well of the <hi>Prelates</hi> as the <hi>Temporal</hi> Lords,
was accounted neceſſary, in paſſing of all Acts
of <hi>Grace</hi> and <hi>Favour</hi> to the people: becauſe that
having many <hi>Royalties</hi> and large immunities of
their own, a more near relation to the per<g ref="char:EOLhyphen"/>ſon,
and a greater intereſſe in the honour of
their Lord the King; nothing ſhould paſſe un<g ref="char:EOLhyphen"/>to
the prejudice and diminution of their own
Eſtates, or the diſabling of the King to ſupport
his Soveraignty. And this for long time was
the Stile of the following Parliaments, <hi>viz.</hi>
                  <note n="q" place="margin">Preface, an. 1 Ed. 3.</note>
                  <q rend="inline margQuotes">"To the honour of God and of holy Church,
and to the redreſſe of the oppreſſions of the
people, our <hi>Soveraign</hi> Lord the King, &amp;c. at
the <hi>requeſt of the Commonalty of his Realm, by their
Petition</hi> made before him and his Counſel in
the Parliament, by the Aſſent of the <hi>Prelates,
Earls, Barons,</hi> and other great men aſſembled
in the ſaid Parliament, hath granted for him
and his Heirs. &amp;c."</q> To this effect, but with
ſome little (and but a very little) varia<g ref="char:EOLhyphen"/>tion
of the words, was the uſual Stile in all the
Prefaces or Preambles of the Acts of Parlia<g ref="char:EOLhyphen"/>ment,
from the beginning of the Reign of King
<hi>Edward</hi> the third, till the beginning of the reign
of King <hi>Henry</hi> the 7th. ſave that ſometimes we
<pb n="270" facs="tcp:114881:140"/>
find the Lords <hi>complaining</hi>
                  <note n="r" place="margin">10 Ed. 3. &amp;c.</note>, or <hi>petitioning</hi>
                  <note n="ſ" place="margin">21 Ed. 3. &amp;c.</note>,
and the Commons <hi>aſſenting</hi>
                  <note n="t" place="margin">28 Ed. 3. &amp;c.</note>, as their occaſi<g ref="char:EOLhyphen"/>ons
did require: and ſometime alſo no other
motive repreſented, but the Kings great deſire
to provide for the eaſe and ſafety of his people,
upon <hi>deliberation had with the</hi> Prelates <hi>and</hi> Nobles,
<hi>and learned men aſsisting with their mutual Counſell</hi>
                  <note n="u" place="margin">23 Ed. 3.</note>. And all this while there is no queſtion to
be made, but that the power of making Laws
was conceived to be the chiefeſt flower of the
<hi>Royal Diademe,</hi> to which the <hi>Lords</hi> and <hi>Commons</hi>
neither joynt nor ſeparate, did not pretend the
ſmalleſt Title more than <hi>petitioning</hi> for them, or
<hi>aſſenting</hi> to them: it being wholly left to the
Kings grace and goodneſs, whether he would
give ear or not unto their <hi>petitions,</hi> or hearken
unto ſuch <hi>adviſe</hi> as the <hi>Lords</hi> or other great men
gave him in behalf of his people. And this is
that which was declared in the Parliament by
the <hi>Lords</hi> and <hi>Commons</hi> (and ſtill holds good as
well in point of Law as Reaſon) that it <hi>belong<g ref="char:EOLhyphen"/>ed
unto the</hi> regality <hi>of the King to grant or deny what
Petitions</hi>
                  <note n="x" place="margin">2 Her. 5.</note> 
                  <hi>in</hi> Parliament <hi>he pleaſeth.</hi> But as
the Kings came in upon doubtfull Titles, or other<g ref="char:EOLhyphen"/>wiſe
were neceſſitated to comply with the peo<g ref="char:EOLhyphen"/>ples
humours, (as ſometimes they were) ſo
did the <hi>Parliaments</hi> make uſe of the opportuni<g ref="char:EOLhyphen"/>ties
for the increaſe of their authoritie, at
leaſt in the <hi>formalities</hi> of Law, and other ad<g ref="char:EOLhyphen"/>vantages
of expreſsion. So that in the <hi>minori<g ref="char:EOLhyphen"/>ty</hi>
of King <hi>Henry</hi> the ſixth, unto thoſe uſual
words <hi>by the adviſe and aſſent of the Lords Spiritual
<pb n="271" facs="tcp:114881:140"/>
and Temporal, and at the ſpecial inſtance and requeſt of
the Commons</hi> (which were inſerted ordinarily into
the body of the Acts from the beginning of the
reign of King <hi>Henry</hi> the 6th.) was added this, <hi>By the
authority of the ſaid Parliament</hi>
                  <note n="y" place="margin">3 Hen. 6. c. 2. &amp; 8 H. 6. 3. &amp;c.</note>. But ſtill it is to be
obſerved, that though thoſe words were added
to the former clauſe, yet the power of <hi>granting</hi> or
<hi>ordaining</hi> was acknowledged to belong to the
King alone; as in the places in the <hi>Margin,</hi> where
it is ſaid, <hi>Our Lord the King conſidering the premiſes,
by the adviſe and aſſent, and at the request aforeſaid,
hath</hi> ordained and granted <hi>by the authority of the ſaid
Parliament,</hi> 3 H. 6. 2. and <hi>our Lord the King conſide<g ref="char:EOLhyphen"/>ring,
&amp;c. hath</hi> ordained <hi>and</hi> eſtabliſhed <hi>by authority
of this Parliament,</hi> 8 H. 6. 3. And thus it general<g ref="char:EOLhyphen"/>ly
ſtood, (but every general rule may have ſome
exceptions) till the beginning of the reign of
King <hi>Henry</hi> the 7th. about which time that uſual
clauſe, the <hi>ſpecial instance or requeſt of the Commons,</hi>
began by little and little to be laid aſide, and that
of their <hi>adviſe or aſſent</hi> to be inſerted in the place
thereof: for which I do refer you to the book at
large. Which though it were ſome alteration of
the former ſtile, and that thoſe words <hi>By the autho<g ref="char:EOLhyphen"/>rity
of this preſent Parliament,</hi> may make men think
that the <hi>Lords</hi> and <hi>Commons</hi> did then pretend ſome
title unto the power of <hi>making laws:</hi> yet neither
<hi>adviſing</hi> or <hi>aſſenting</hi> are ſo <hi>operative</hi> in the preſent
caſe as to transfer the power of <hi>making laws</hi> to ſuch
as do adviſe about them, or <hi>aſſent</hi> unto them; not
can the al<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>eration of the <hi>forms</hi> and <hi>ſtiles</hi> uſed in an<g ref="char:EOLhyphen"/>tient
<pb n="272" facs="tcp:114881:141"/>
times, import an alteration of the <hi>form of Go<g ref="char:EOLhyphen"/>vernment,</hi>
unleſs it can be ſhewed, (as I think it
cannot) that any of our Kings did <hi>renounce</hi> that
power, which properly and ſolely did belong un<g ref="char:EOLhyphen"/>to
them, or did by any ſolemn Act of <hi>Communi<g ref="char:EOLhyphen"/>cation,</hi>
confer the ſame upon the <hi>Lords</hi> and <hi>Commons</hi>
convened in Parliament. And this is that which
is reſolved and declared in our Common law,
where it is ſaid<note n="z" place="margin">Cited in the unlawful<g ref="char:EOLhyphen"/>neſs of reſiſt. p<g ref="char:punc">▪</g> 107.</note>, <hi>Le Roy fait les loix avec le con<g ref="char:EOLhyphen"/>ſent
du Seigneurs et communs, et non pas les Seigneurs et
communs avec le conſent du Roy,</hi> that is to ſay, that the
<hi>King</hi> makes Laws in Parliament by the aſſent of
the <hi>Lords</hi> and <hi>Commoni,</hi> and not the <hi>Lords</hi> and
<hi>Commons</hi> by the <hi>aſſent</hi> of the <hi>King.</hi> And for a
further proof of this, and for the clearing of this
point that the <hi>Lords</hi> and <hi>Commons</hi> pretend to no
more power in the <hi>making of laws,</hi> than opportu<g ref="char:EOLhyphen"/>nity
to propound and adviſe about them, and on
mature adviſe to give their ſeveral <hi>Aſſents</hi> unto
them, we need but look into the firſt Act of the
Parliament in the third year of King <hi>Charles,</hi> be<g ref="char:EOLhyphen"/>ing
a <hi>Recognition</hi> of ſome antient Rights belong<g ref="char:EOLhyphen"/>ing
to the <hi>Engliſh</hi> ſubject. An Act conceived ac<g ref="char:EOLhyphen"/>cording
to the primitive form, in way of a <hi>Peti<g ref="char:EOLhyphen"/>tion
to the Kings moſt excellent Majeſty</hi>
                  <note n="a" place="margin">Statut. 3 Carol.</note>, in which
the <hi>Lords</hi> and <hi>Commons</hi> do <hi>moſt humbly pray as their
Rights and Liberties,</hi> that <hi>no ſuch things</hi> as they com<g ref="char:EOLhyphen"/>plained
of, <hi>might be done hereafter;</hi> that <hi>his Majeſty
would vouchſafe to declare that the Awards, doings, and
proceedings to the prejudice of his people in any of the pre<g ref="char:EOLhyphen"/>miſes,
ſhall not be drawn hereafter into conſequence or
<pb n="273" facs="tcp:114881:141"/>
example, and that he would be pleaſed to declare</hi> his
Royal pleaſure, <hi>that in the point aforeſaid all his Of<g ref="char:EOLhyphen"/>ficers
and Ministers ſhould ſerve him according to the
Laws and Statutes of this Realm.</hi> To which al<g ref="char:EOLhyphen"/>though
the King returned a fair general Anſwer,
aſſuring them that his <hi>Subjects ſhould have no cauſe</hi>
for the time to come <hi>to complain of any wrong or op<g ref="char:EOLhyphen"/>preſsions
contrary to their juſt Righ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>s and Liberties;</hi> yet
this gave little ſatisfaction till he came in perſon,
and cauſing the <hi>Petition to be diſtinctly read by the
Clerk of the Crown</hi>
                  <note n="b" place="margin">Ibid.</note>, returned his Anſwer in theſe
words, <hi>Soit droit fait come eſt deſire,</hi> that is to ſay,
<hi>let right be done as is deſired.</hi> Which being the ve<g ref="char:EOLhyphen"/>ry
<hi>formal</hi> words by which the ſaid <hi>Petition</hi> and e<g ref="char:EOLhyphen"/>very
clauſe and Article therein contained, be<g ref="char:EOLhyphen"/>came
to be a law and to have the force of an <hi>Act</hi>
of <hi>Parliament,</hi> and being there is nothing ſpoken
of the concurrent authority of the <hi>Lords</hi> and <hi>Com<g ref="char:EOLhyphen"/>mons</hi>
for the enacting of the ſame, may ſerve in<g ref="char:EOLhyphen"/>ſtead
of many Arguments for the proof of this,
that the <hi>Legiſlative</hi> power as we phraſe it now, is
wholly and ſolely in the King; although re<g ref="char:EOLhyphen"/>ſtrained
in the exerciſe and uſe thereof by con<g ref="char:EOLhyphen"/>ſtant
cuſtome, unto the counſel and conſent of the
<hi>Lords</hi> and <hi>Commons. Le Roy veult</hi>
                  <note n="c" place="margin">Smith de Rep. Angl.</note>, or the <hi>King
will have it ſo,</hi> is the imperative phraſe by which
the Propoſitions of the Lords and Commons are
made <hi>Acts</hi> of Parliament. And let the <hi>Lords</hi> and
<hi>Commons</hi> agitate and propound what Laws they
pleaſe for their eaſe and benefit (as generally all
Laws and Statutes are more for the eaſe and be<g ref="char:EOLhyphen"/>nefit
of the Subject, than the advantage of the
<pb n="274" facs="tcp:114881:142"/>
King): yet aſwell now, as formerly in the times of
the <hi>Roman</hi> Emperors, <hi>Quod Principi placuerit</hi> legis
<hi>habet vigorem,</hi> nothing but that which the King
pleaſeth to allow of, is to paſs for Law: <hi>the laws
not taking their</hi> coercive force (as judicious <hi>Hooker</hi>
well obſerveth) <hi>from the quality of ſuch as deviſe them,</hi>
but from the <hi>power which giveth them the strength of
laws</hi>
                  <note n="d" place="margin">Hooker Eccleſiaſt. Pol<g ref="char:punc">▪</g>
                  </note>. I ſhut up this Diſcourſe with this ex<g ref="char:EOLhyphen"/>preſſion
and compariſon of a late leatned Gentle<g ref="char:EOLhyphen"/>man,
<hi>viz.</hi> 
                  <q rend="inline margQuotes">"That as in a <hi>Copyhold</hi> Eſtate, the <hi>Co<g ref="char:EOLhyphen"/>pybolder</hi>
of a meer <hi>Tenant at will</hi> comes by cuſtom
to gain an <hi>Inheritance,</hi> and ſo to limit and re<g ref="char:EOLhyphen"/>ſtrain
the will and power of the Lord, that he
cannot make any determination of the <hi>Copyhold<g ref="char:EOLhyphen"/>ers
Eſtate</hi> otherwiſe than according to the <hi>cuſtome
of the Mannour;</hi> and yet doth not deprive the
Lord of his Lordſhip in the <hi>Copyhold,</hi> nor parti<g ref="char:EOLhyphen"/>cipate
with him in it, neither yet deveſt the
<hi>Fee</hi> and <hi>Franktenement</hi> out of the Lord, but that
they ſtill remain in him, and are ever parcel of
his <hi>Demeſn</hi>
                     <note n="e" place="margin">Caſe of our Affairs. p. 6.</note>: ſo in the reſtraining of the Kings
<hi>Legiſlative power</hi> to the concurrence of the <hi>Peers</hi>
and <hi>Commons,</hi> though the cuſtome of the King<g ref="char:EOLhyphen"/>dom
hath ſo fixed and ſetled the reſtraint, as
that the King cannot in that point uſe his Sove<g ref="char:EOLhyphen"/>raign
power without the concurrence of the
<hi>Peers</hi> and <hi>Commons</hi> according to the cuſtom of
the Kingdom; yet ſtill the <hi>Soveraignty</hi> (and with
it the inſeparable <hi>Legiſlative power</hi>) doth reſide
ſoly in the King."</q>
               </p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XI"/> 11. If any hereupon demand to what end
<pb n="275" facs="tcp:114881:142"/>
ſerve Parliaments, and what benefit can redound
to the Subject by them; I ſay in the Apoſtles
words, <hi>much every way</hi>
                  <note n="f" place="margin">Rom. 3. 2.</note>. Many vexations often
times do befall the Subjects without the know<g ref="char:EOLhyphen"/>ledge
of the King, and againſt his will; to which
his ears are open in a time of <hi>Parliament.</hi> The
King at other times uſeth the eyes and ears of
ſuch as have place about him, who may perhaps
be guilty of the wrongs which are done the peo<g ref="char:EOLhyphen"/>ple:
but in a Parliament he ſeeth with his own
eyes, and heareth with his own ears, and ſo is in a
better way to redreſſe the miſchief than he could
be otherwiſe. Nor do the people by the <hi>opportunity</hi>
of theſe Parliamentary meetings, obtain upon
their Prayers and petitions a redreſs of grievan<g ref="char:EOLhyphen"/>ces
only, but many times the King is overcome
by their <hi>importunity</hi> to abate ſo much of his power,
to grant ſuch points, and paſs ſuch Laws and Sta<g ref="char:EOLhyphen"/>tutes
for their eaſe and benefit, as otherwiſe he
would not yield to. For certainly it is as true in
making our approaches and <hi>petitions</hi> to our Lord
the King, as in the pouring out of our <hi>prayers</hi> and
ſupplications to the Lord our God: <hi>the more mul<g ref="char:EOLhyphen"/>titudinous
and united the Petitioners are, the more like to
ſpeed.</hi> And therefore ſaid <hi>Bodinus</hi> truly, <hi>Princi<g ref="char:EOLhyphen"/>pem
plaeraque univerſis concedere quae ſingulis denega<g ref="char:EOLhyphen"/>rentur</hi>
                  <note n="g" place="margin">Bodin. de Rep. l. 1. c. 8.</note>, that Kings do many times grant thoſe
favours to the whole body of their people, which
would be abſolutely denied or not ſo readily yiel<g ref="char:EOLhyphen"/>ded
to particular perſons. There are moreover
many things of greater concernment, (beſides
the <hi>abrogating</hi> of old Laws and <hi>making</hi> new) which
<pb n="276" facs="tcp:114881:143"/>
having been formerly recommended by the Kings
of <hi>England,</hi> to the care and counſel of their people
convened in Parliament, are not now regularly di<g ref="char:EOLhyphen"/>ſpatched
but in ſuch <hi>conventions:</hi> as are altering the
tenure of Lands, confirming the rights, titles, and
poſſeſſions of private men, naturalizing Aliens,
legitimating Baſtards, adding ſometimes the ſe<g ref="char:EOLhyphen"/>cular
authority to ſuch points of Doctrin and
forms of worſhip as the <hi>Clergy</hi> have agreed upon
in their <hi>Comvocations,</hi> if it be required, changing
the publick weights and meaſures thorowout the
Kingdom, defining of ſuch doubtfull caſes as are
not eaſily reſolved in the Courts of Law, raiſing
of Subſidies and Taxes, attainting ſuch as either
are too potent to be caught, or too hard to be
found, and ſo not tryable in the ordinary Courts
of Juſtice; reſtoring to their blood and honours
ſuch, or the Heirs of ſuch, as have been formerly
attainted; granting of free and general pardons
<note n="h" place="margin">Sir Tho. Smith, de Rep. Angl. Camden in Brit. Crompt. of Courts, &amp;c.</note>, with divers others of this nature. In all and
each of theſe the <hi>Lords</hi> and <hi>Commons</hi> do <hi>co-operate</hi>
to the publick good, in the way of means and <hi>pre<g ref="char:EOLhyphen"/>paration,</hi>
but their <hi>co-operation</hi> would be loſt and
fruitleſs, did not the King by his <hi>concomitant</hi> or
<hi>ſubſequent grace</hi> produce their good intentions in<g ref="char:EOLhyphen"/>to
perfect Acts, and being Acts either of <hi>ſpecial
grace</hi> and favour, or elſe of <hi>ordinary right and ju<g ref="char:EOLhyphen"/>stice,</hi>
no way derogatory to the <hi>Prerogative</hi> Roy<g ref="char:EOLhyphen"/>al<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>,
are uſually confirmed by the <hi>Royal</hi> aſſent,
without ſtop or heſitancy. But then, ſome other
things there are of great importance and advan<g ref="char:EOLhyphen"/>tage
to the <hi>Common wealth,</hi> in which the Houſes
<pb n="227" facs="tcp:114881:143"/>
uſually do proceed even to final ſentence (the <hi>Com<g ref="char:EOLhyphen"/>mons</hi>
in the way of imquiſition or <hi>impeachment,</hi> the
<hi>Lords</hi> in that of <hi>judicature</hi> and determination)
with the conſent and approbation of the King,
though many times without his perſonal aſſent
and preſence. The King may be abuſed in his
Grants and Patents, to the oppreſſion of the peo<g ref="char:EOLhyphen"/>ple,
or the dilapidation and deſtruction of the
Royal Patrimony; Judges, and other the great
Officers of Law and Equity are ſubject to cor<g ref="char:EOLhyphen"/>ruptions,
and may ſmell of gifts, whereby the
paſſages of Juſtice do become obſtructed; The
Miniſters of inferiour Courts as well <hi>Eccleſiaſtical</hi>
as <hi>Civil,</hi> either exhauſt the miſerable ſubject by
extortions, or elſe conſume him by delayes; <hi>Er<g ref="char:EOLhyphen"/>roneous
judgements</hi> may be given through fear or
favour to the undoing of a man and his whole
poſterity, in which his Majeſties <hi>Juſtices</hi> of either
<hi>Bench</hi> can afford no remedy; The great ones
of the State may become too inſolent, and the poor
too miſerable; and many other waies there are
by which the Fabrick of the State may be out of
Order: for the removing of which miſchiefs, the
rectifying of which abuſes, the <hi>Lords</hi> and <hi>Commons</hi>
in their ſeveral waies before remembred, are of
ſpecial uſe; yet ſo, that if the Kings Grants do
come in queſtion, or any of his Officers are called
to a reckoning, they uſed heretofore to ſignifie
unto his Majeſty what they found therein, and he
accordingly either revoked his Grants, or diſ<g ref="char:EOLhyphen"/>placed
his Servants, or by ſome other means gave
way unto their contentment: the Kings conſent
<pb n="278" facs="tcp:114881:144"/>
being alwaies neceſſary, and received as a part
of the final ſentence, if they went ſo far. So
that we may conclude this point with theſe
words of <hi>Bodin,</hi> who being well acquainted with
the Government of this State and Nation, partly
by way of conference with Dr. <hi>Dale</hi> the Queens
Ambaſſadour in <hi>France,</hi> and partly in the way
of obſervation when he was in <hi>England,</hi> doth give
this reſolution of the point in controverſie<note n="i" place="margin">Bodin. de Repub. l. 1. c. 8.</note>,
<hi>Habere quidem</hi> Ordines Anglorum <hi>authoritatem
quandam,</hi> jura <hi>vero</hi> majeſtatis, <hi>&amp; imperii ſummam
in</hi> unius Principis <hi>arbitrio verſari.</hi> The <hi>States</hi>
ſaith he of <hi>England</hi> have a kind of authority, but
all the <hi>rights</hi> of <hi>Soveraignty</hi> and command in
chief, are at the will and pleaſure of the <hi>Prince</hi>
alone.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XII"/> 12. And to ſay truth, although the <hi>Lords</hi> &amp; <hi>Com<g ref="char:EOLhyphen"/>mons</hi>
met in Parliament are of great authority, e<g ref="char:EOLhyphen"/>ſpecially
as they have improved it in theſe later
times; yet were they never of ſuch power, but that
the Kings have for the moſt part over-ruled them,
&amp; made them pliant &amp; conformable to their own
deſires: and this not only by themſelves, but ſome<g ref="char:EOLhyphen"/>times
alſo by their Judges, by their counſel often.
For ſuch was the great care and wiſdom of our
former Kings, as not to venture ſingle on that
numerous body of the two Houſes of <hi>Parliament,</hi>
whereby the <hi>Soveraignty</hi> might be ſo eaſily over<g ref="char:EOLhyphen"/>matched;
but to take with them for Aſſiſtants as
well the Lords of their <hi>Privy Counſel</hi> with whom
they might adviſe in matters which concerned
<pb n="279" facs="tcp:114881:144"/>
them in their <hi>Soveraign rights,</hi> as their learned
Counſel (as they call them) conſiſting of the Jud<g ref="char:EOLhyphen"/>ges
and moſt eminent Lawyers, from whom they
might receive inſtruction as the caſe required,
and neither do, nor ſuffer wrong in point of
Law: and by both theſe, as well as by the power
and awe of their perſonal preſence, have they not
only regulated but reſtrained their Parliaments.
And this is eaſily demonſtrable by continual pra<g ref="char:EOLhyphen"/>ctice.
For in the Statute of <hi>Bigamie</hi> made in the
fourth<note n="k" place="margin">4 Ed. 1.</note> year of King <hi>Edward</hi> 1. it is ſaid expre<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>ly,
<q rend="inline margQuotes">"that in the preſence of certain reverend Fa<g ref="char:EOLhyphen"/>thers,
<hi>Biſhops</hi> of <hi>England,</hi> and others of the <hi>Kings
Counſel,</hi> the Conſtitutions under-written were
recited, and after publiſhed before the King
his Couuſel, foraſmuch as all the Kings <hi>Coun<g ref="char:EOLhyphen"/>ſel,</hi>
as well <hi>Juſtices</hi> as others did agree, that they
ſhould be put in writing and obſerved."</q> In
the <hi>Articuli ſuper Chartas,</hi> when the Great Char<g ref="char:EOLhyphen"/>ter
was confirmed at the requeſt of the <hi>Prelates,
Earls,</hi> and <hi>Barons,</hi>
                  <note n="l" place="margin">28 Ed. 1. c. 2.</note> we find theſe two clauſes: the
one in the beginning thus, <hi>Nevertheleſs the King and
his</hi> Counſel <hi>do not intend, by reaſon of this Stat<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>te, to
diminiſh the Kings right</hi>
                  <note n="m" place="margin">Ibid. c. 20.</note>, &amp;c. The other in
the cloſe of all in theſe following words, <hi>And
notwithstanding all theſe things mentioned, or any
part of them, both the</hi> King <hi>and his</hi> Counſel, <hi>and
all they which were preſent at the making of this</hi> Ordi<g ref="char:EOLhyphen"/>nance,
<hi>do will and intend that the right and preroga<g ref="char:EOLhyphen"/>tive
of his</hi> Crown <hi>ſhall be</hi> ſaved <hi>in all things.</hi> In the
27th. of King <hi>Edward</hi> the 3d.<note n="n" place="margin">27 Ed. 3.</note> The <hi>Commons</hi>
preſenting a Petition to the King, which the Kings
<pb n="280" facs="tcp:114881:145"/>
                  <hi>Counſel</hi> did miſlike, were content thereupon to
mend and explain their Petition, the form of
which <hi>Petition</hi> is in theſe words following. <q rend="inline margQuotes">"To
their moſt redoubted <hi>Soveraign</hi> Lord the King,
praying the <hi>Commons,</hi> that whereas they have
prayed him to be diſcharged of all manner of
Articles of the <hi>Lyre,</hi> &amp;c. which <hi>Petition</hi> ſeemeth
to his <hi>Counſel</hi> to be prejudicial unto him, and
in diſheriſon of his Crown<g ref="char:punc">▪</g> if it were ſo gene<g ref="char:EOLhyphen"/>rally
granted: his ſaid <hi>Commons</hi> not willing
nor deſiring to demand things of him, which
ſhould fall in diſheriſon of him or of his <hi>Crown</hi>
perpetually, as of <hi>Eſcheats,</hi> &amp;c. but of <hi>treſpaſſes,
miſpriſions, negligences,</hi> and <hi>ignorances,</hi> &amp;c."</q> In
the 13 of the reign of King <hi>Richard</hi> the 2d. when
the <hi>Commons</hi> did pray that upon pain of forfei<g ref="char:EOLhyphen"/>ture,
the <hi>Chancellor,</hi> or <hi>Counſel</hi> of the King ſhould
not after the end of the Parliament make any
Ordinance againſt the Common law<note n="o" place="margin">13 Rich. 2.</note>, the King
(by the adviſe of his <hi>Counſel</hi>) anſwered, <hi>Let it be
uſed as it hath been uſed before this time, ſo as the</hi> Rega<g ref="char:EOLhyphen"/>lity
<hi>of the King be ſaved, for the King will ſave his</hi> Re<g ref="char:EOLhyphen"/>galities,
<hi>as his Predeceſſors have done.</hi> In the 4th.
year of King <hi>Henry</hi> 4.<note n="p" place="margin">4 Hen. 4.</note> when the Commons
complained againſt <hi>Sub-poenae's</hi> and other writs
grounded upon falſe ſuggeſtions, the King (upon
the ſame adviſe) returned this anſwer, that he
<hi>would give in charge to his</hi> Officers, <hi>that they ſhould ab<g ref="char:EOLhyphen"/>stain
more than before time they had to ſend for his
Subjects in that manner. But yet</hi> (ſaith he) <hi>it is not
our</hi> intention <hi>that our Officers ſhall ſo abſtain, that they
may not ſend for our Subjects in matters and cauſes ne<g ref="char:EOLhyphen"/>ceſſary,</hi>
                  <pb n="281" facs="tcp:114881:145"/>
as it hath been uſed <hi>in the time of our good
Progenitors.</hi> Finally, not to bring forth more parti<g ref="char:EOLhyphen"/>culars
in a caſe ſo clear, it was the conſtant cu<g ref="char:EOLhyphen"/>ſtome
in all Parliaments, till the Reign of King
<hi>Henry</hi> 5.<note n="q" place="margin">Henr. 5<g ref="char:punc">▪</g>
                  </note> that when any Bill had paſſed both
houſes, and was preſented to the King for his
<hi>Royal Aſſent,</hi> the King by the adviſe of his <hi>Privy
Counſel,</hi> or his <hi>Counſel learned</hi> in the Laws, or ſome<g ref="char:EOLhyphen"/>times
of both, did uſe to croſſe ou<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap> and oblite<g ref="char:EOLhyphen"/>rate
as much or as little of it as he pleaſed, to
leave out what he liked not, and confirmed the
reſt; that only which the King confirmed being
held for Law. And though in the ſucceeding
times the Kings did graciouſly vouchſafe to paſs
the whole Bill in that form which the <hi>Houſes</hi> gave
it, or to reject it wholly as they ſaw occaſion:
yet ſtill the <hi>Privy Counſel,</hi> and the <hi>Judges,</hi> and the
<hi>Counſel learned</hi> in the Laws, have and enjoy their
place in the Houſe of <hi>Peers,</hi> aſwell for preſervati<g ref="char:EOLhyphen"/>on
of the Kings rights and <hi>Royalties,</hi> as for dire<g ref="char:EOLhyphen"/>ction
to the <hi>Lords</hi> in a point of Law, if any caſe
of difficulty be brought before them; on which
occaſions the Lords are to demand the opinion of
the <hi>Judges,</hi> and upon their opinions to ground
their Iudgement. As for example, In the Par<g ref="char:EOLhyphen"/>liament
28 of <hi>Hen.</hi> 6. The Commons made ſure
that <hi>VVilliam de la Pole</hi> Duke of <hi>Suffolk,</hi> ſhould be
committed to Priſon for many treaſons and other
crimes<note n="r" place="margin">28 Hen. 6<g ref="char:punc">▪</g>
                  </note>, and thereupon the Lords demand<g ref="char:EOLhyphen"/>ed
the opinion of the Judges, whether he
ſhould be committed to Priſon or not; whoſe
Anſwer was, that he <hi>ought not to be committed in re<g ref="char:EOLhyphen"/>gard
<pb n="282" facs="tcp:114881:146"/>
the</hi> Commons <hi>had not charged him with any par<g ref="char:EOLhyphen"/>ticular
offence,</hi> but with generals only; which opini<g ref="char:EOLhyphen"/>on
was allowed and followed. In another Parlia<g ref="char:EOLhyphen"/>ment
of the ſaid King, held by <hi>Prorogation,</hi> one
<hi>Thomas Thorpe</hi> the <hi>Speaker</hi> of the Houſe of <hi>Com<g ref="char:EOLhyphen"/>mons,</hi>
was in the Prorogation-time condemned
in 1000 <hi>l.</hi> dammages, upon an Action of Treſpaſs
at the ſute of <hi>Richard</hi> Duke of <hi>York,</hi> and was com<g ref="char:EOLhyphen"/>mitted
to Priſon for execution of the ſame. The
parliament being reaſſembled, the <hi>Commons</hi> made
ſu<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e to the King and Lords to have their <hi>Speaker</hi>
delivered to them, according to the <hi>privilege of
Parliaments</hi>
                  <note n="t" place="margin">The pri<g ref="char:EOLhyphen"/>vilege of the Barons, p. 15.</note>: the Lords demanded the opinion
of the <hi>Judges</hi> in it, and upon their Anſwer,
did conclude, that the <hi>Speaker</hi> ſhould ſtill remain
in Priſon according to Law, notwithſtanding
the <hi>privilege of Parliament;</hi> and according to this
reſolution the <hi>Commons</hi> were commanded in the
Kings name to chooſe one <hi>Tho<g ref="char:punc">▪</g> Carleton</hi> for their
<hi>Speaker,</hi> which was done accordingly. Other ex<g ref="char:EOLhyphen"/>amples
of this kind are exceeding obvious, and
for numbers infinite; yet neither more in num<g ref="char:EOLhyphen"/>ber,
nor more obvious than thoſe of our Kings
ſerving their turns by and upon their <hi>Parliaments,</hi>
as their occaſions did require. For not to look on
higher and more <hi>Regal</hi> times, we find that <hi>Richard</hi>
the 2d. a Prince not very acceptable to the <hi>Com<g ref="char:EOLhyphen"/>mon</hi>
people, could get an Act of Parliament<note n="t" place="margin">21 Ric. 2.</note>,
to confirm the <hi>extrajudicial</hi> opinion of the <hi>Iudges,</hi>
given before at <hi>Notingham;</hi> that King <hi>Henry</hi> 4th.
could by an other Act reverſe all that Parliament,
<note n="u" place="margin">1 Hen<g ref="char:punc">▪</g> 4.</note> entayl the Crown to his poſterity, and keep his
<pb n="283" facs="tcp:114881:146"/>
Dutchy of <hi>Lancaſter</hi> and all the Lands and Seig<g ref="char:EOLhyphen"/>neuries
of it, from being united to the Crown;
that King <hi>Edward</hi> the 4th. could have a Parlia<g ref="char:EOLhyphen"/>ment
to declare all the Kings of the Houſe of
<hi>Lancaſter,</hi> to be Kings in <hi>fact</hi> but not in <hi>right</hi>
                  <note n="x" place="margin">1 Ed. c. 1.</note>, and for uniting of that Dutchy to the Crown
Imperial, notwithſtanding the former Act of ſe<g ref="char:EOLhyphen"/>paration;
that King <hi>Richard</hi> the 3d. could have
a Parliament to <hi>baſtardize</hi> all his Brothers Chil<g ref="char:EOLhyphen"/>dren,
to ſet the Crown on his own head, though
a moſt bloody Tyrant, and a plain Uſurper<note n="y" place="margin">Speeds hiſt. in K. Ri<g ref="char:EOLhyphen"/>chard. 3.</note>;
that King <hi>Henry</hi> 7. could have the Crown entay<g ref="char:EOLhyphen"/>led
by an Act of Parliament, to the iſſue of his
own body<note n="z" place="margin">Verulam. hiſt. of K. Hen 7.</note> without relation to his Queen of
the houſe of <hi>York,</hi> which was conceived by many
at that time to have the better Title to it; ano<g ref="char:EOLhyphen"/>ther,
for paying a <hi>Benevolence</hi> which he had requi<g ref="char:EOLhyphen"/>red
of the ſubject<note n="a" place="margin">11 Hen. 7. c. 10.</note>, though all <hi>Benevolences</hi> had
been damned by a former Statute made in the
ſhort, but bloody reign of King <hi>Richard</hi> the 3d.
that King <hi>Henry</hi> 8.<note n="b" place="margin">65 Hen. 8. c. 22, &amp; 28. c. 7. &amp; 35 H. 8. c. 1.</note> could have one Act of Par<g ref="char:EOLhyphen"/>liament
to baſtardry his Daughter <hi>Mary,</hi> in fa<g ref="char:EOLhyphen"/>vour
of the Lady <hi>Elizabeth;</hi> another to declare the
Lady <hi>Elizabeth</hi> to be illegitimate, in expectation
of the iſſue by Queen <hi>Jane Seymour;</hi> a third for ſet<g ref="char:EOLhyphen"/>ling
the ſucceſſion by his Will and Teſtament,
and what elſe he pleaſed; that Queen <hi>Mary</hi>
could not only obtain ſeveral Acts in favour of
her ſelf and the S<gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap>e of <hi>Rome</hi>
                  <note n="c" place="margin">1 Mar. ſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſ. 2. c. 1, 2. &amp; 1. &amp; 2 Ph. &amp; M. c. 8. 10.</note>, but for the ſet<g ref="char:EOLhyphen"/>ling
of the Regency on the King of <hi>Spain,</hi> in caſe
the Children of that Bed ſhould be left in <hi>non<g ref="char:EOLhyphen"/>age.</hi>
And finally that Queen <hi>Elizabeth</hi> did not only
<pb n="284" facs="tcp:114881:147"/>
gain many ſeveral Acts for the ſecurity of her own
Perſon, which were determinable with her life,
but could procure an Act to be paſſed in Par<g ref="char:EOLhyphen"/>liament
for making it high treaſon to affirm and
ſay, <hi>That the Queen could not by Act of</hi> Parliament,
<hi>bind and diſpoſe the Rights a<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>d Titles which any perſon
whatſoever might have to the Crown.</hi>
                  <note n="d" place="margin">13 Eliz. c. 1.</note> And as for
raiſing monies, and amaſſing treaſures by help
of <hi>Parliaments,</hi> he that deſires to know how well
our Kings have ſerved themſelves that way by the
help of <hi>Parliaments,</hi> let him peruſe a book intituled,
the <hi>Privilege of Parliaments,</hi> writ in the manner of
Dialogue between a <hi>Privy Counſellor,</hi> and a <hi>Iuſtice</hi>
of Peace, and he ſhall be ſatisfied to the full.
Put all that hath been ſaid together, and ſure
the kingdom of <hi>England</hi> muſt not be the place, in
which the <hi>three Estates</hi> convened in Parliament
have power to regulate the King, or reſtain his
actions, or moderate his extravagances, or where
they can be taxed for <hi>per<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>idious treachery, if they
connive at Kings when they play the</hi> Tyrants, <hi>or wantonly
inſult on the Common-people,</hi> or otherwiſe abuſe
that power which the Lord hath given them.
<hi>Calvin</hi> was much miſtaken if he thought the con<g ref="char:EOLhyphen"/>trary;
or if he dreamt that he ſhould be believ'd
on his <hi>ipſe dixit,</hi> without a punctual enquiry in<g ref="char:EOLhyphen"/>to
the grounds and probability of ſuch a dange<g ref="char:EOLhyphen"/>rous
intimation as he lays before us.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XIII"/> 13. But againſt this it is objected, that Parlia<g ref="char:EOLhyphen"/>ments
have diſpoſed of the <hi>Militia</hi> of the King<g ref="char:EOLhyphen"/>dom,
of the Forts, Caſtles, Ports, and the <hi>Navie</hi>
Royal, not only without the Kings leave, but
againſt his liking: that they have depoſed ſome
<pb n="285" facs="tcp:114881:147"/>
Kings, and advanced others to the top of the Re<g ref="char:EOLhyphen"/>gal
Throne: And for the proof of this they pro<g ref="char:EOLhyphen"/>duce
examples out of the reign of K. <hi>Henry</hi> 3. K.
<hi>Edw.</hi> 2. and K. <hi>Richard</hi> the 2.<note n="e" place="margin">Prynnes Book of Parl. part. 2.</note> Examples, which
if rightly pondered, doe not ſo much prove the
<hi>power,</hi> as the <hi>weakneſs</hi> of Parliaments, in being car<g ref="char:EOLhyphen"/>ried
up and down by the privat conduct of every
popular pretender. For 'tis well known that the
Parliaments did not take upon them to rule, or ra<g ref="char:EOLhyphen"/>ther
to over-look K. <hi>Henry</hi> 3. but as they were di<g ref="char:EOLhyphen"/>rected
by <hi>Simon Montfort</hi> Earl of <hi>Leiceſter,</hi> who
having raiſed a potent faction in the State, by
the aſſiſtance of the Earls of <hi>Gloceſter, Here<g ref="char:EOLhyphen"/>ford,
Derby,</hi>
                  <note n="f" place="margin">Ma<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. Pa<g ref="char:EOLhyphen"/>ris, Henr. 3.</note> and ſome others of the great
Lords of the kingdom, compelled the King to
yeeld unto what terms he pleaſed, and made the
Parliaments no other than a means and inſtru<g ref="char:EOLhyphen"/>ment
to put a popular gloſs on his wretched pur<g ref="char:EOLhyphen"/>poſes.
And 'tis well known that the enſuing
Parliaments which they inſtance in, moved not
of their own accord to the depoſing of King <hi>Ed<g ref="char:EOLhyphen"/>ward</hi>
the 2. or King <hi>Richard</hi> the 2. but ſailed as
they were ſteered by thoſe powerfull Counſels,
which Queen <hi>Iſabel</hi> in the one, and <hi>Henry</hi> Duke of
<hi>Lancaſter</hi> in the other, did propoſe unto them.
<note n="g" place="margin">Walſing<g ref="char:EOLhyphen"/>ham in Hiſt. Angl. &amp; Hy<g ref="char:EOLhyphen"/>podig. Neu<g ref="char:EOLhyphen"/>ſtriae.</note> It was no ſafe reſiſting thoſe (as their cold
wiſdoms and forgotten loyalties did ſuggeſt unto
them) <hi>qui tot legionibus imperarent,</hi> who had ſo ma<g ref="char:EOLhyphen"/>nany
thouſand men in arms to make good their
project, and they might think as the poor-ſpiri<g ref="char:EOLhyphen"/>ted
Citizens of <hi>Samaria</hi> did in another caſe
(but a caſe very like the preſent) <hi>Behold two Kings
<pb n="286" facs="tcp:114881:148"/>
ſtood not before him, how then can we ſtand</hi>
                  <note n="h" place="margin">2 Kings 10. 4.</note>? For
had it been an argument of the <hi>power</hi> of Parlia<g ref="char:EOLhyphen"/>ments,
that they depoſed one King to ſet up ano<g ref="char:EOLhyphen"/>ther,
dethroned King <hi>Richard</hi> to advance the Duke
of <hi>Lancaſter</hi> to the Regal diadem, they would
have kept the houſe of <hi>Lancaſter</hi> in poſſeſſion of it,
(for the full demonſtration of a <hi>power</hi> indeed) and
not have caſt them off, at the firſt attempt of a
new plauſible pretender, declared them to be kings
in <hi>fact,</hi> but not in <hi>right,</hi> whoſe lawfull right they
had before preferred above all other titles, and
ſet the Crown upon the heads of their deadly E<g ref="char:EOLhyphen"/>nemies.
In the next place it is objected that <hi>Par<g ref="char:EOLhyphen"/>liaments</hi>
are a great reſtraint of the Soveraign
power (according to the Doctrine here laid down
by <hi>Calvin</hi>) in that the King can make no laws,
nor levy any money upon the Subject, but by the
counſel and aſſent of the Lords and Commons aſ<g ref="char:EOLhyphen"/>ſembled
in Parliament. But this objection hurts
as little as the former did. For Kings, to ſay the
truth, need no laws at all. In all ſuch points
wherein they have not <hi>bound</hi> themſelves by ſome
former laws made for the common uſe and bene<g ref="char:EOLhyphen"/>fit
of the Subject, they are left at <hi>liberty,</hi> and may
proceed in governing the people, given by God
unto them, according to their own diſcretion,
and the advice of their <hi>Counſel.</hi> New Laws are
chiefly made for the <hi>Subjects benefit,</hi> at their de<g ref="char:EOLhyphen"/>ſire,
on their importunate requeſts, for their ſpe<g ref="char:EOLhyphen"/>cial
profit; not one in twenty, nay, I dare bold<g ref="char:EOLhyphen"/>ly
ſay not one in an hundred, made for the ad<g ref="char:EOLhyphen"/>vantage
of the King, either in the improvement
<pb n="287" facs="tcp:114881:148"/>
of his power, or the increaſe of his Revenue.
Look over all the Acts of Parliament, from the
beginning of the reign of King <hi>Henry</hi> 3. to the
preſent time, and tell me he that can, if he finds
it otherwiſe: Kings would have little uſe of Par<g ref="char:EOLhyphen"/>liaments,
and leſs mind to call them, if nothing
but the making of new Laws were the matter
aimed at. And as for raiſing monies and impo<g ref="char:EOLhyphen"/>ſing
taxes, it either muſt ſuppoſe the Kings to be
always unthrifts, that they be always indigent
and neceſſitous, and behind-hand with the world
(which are the ordinary effects of ill husbandry)
or elſe this argument is loſt, and of little uſe:
For if our Kings ſhould husband their eſtates to
the beſt advantage, and make the beſt benefit of
ſuch <hi>eſcheats</hi> and <hi>forfeitures</hi> &amp; <hi>con<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>iſcations</hi> as day by
day do fall unto them; If they ſhould follow the
example of K. <hi>Henry</hi> 7. and execute the <hi>penal Laws</hi>
according to the <hi>power</hi> which thoſe Laws have gi<g ref="char:EOLhyphen"/>ven
them, and the <hi>truſt</hi> repoſed in them by their
People; if they ſhould pleaſe to examine their
<hi>revenue,</hi> and proportion their expence to their
comings in, there would be litle need of ſubſidies
and ſupplies of money, more than the ordinary
aids and impoſitions upon Merchandize, which
the Law alloweth of, and the known <hi>rights</hi> of <hi>So<g ref="char:EOLhyphen"/>vereignty</hi>
backed by <hi>preſcription,</hi> and long <hi>cuſtom</hi>
have aſſerted to them: So that it is by <hi>Accident,</hi>
not by right and nature, that the Parliament
hath any power or opportunity to reſtrain their
King in this particular; for where there is no
need of asking, there is no occaſion of denying;
<pb n="288" facs="tcp:114881:149"/>
by conſequence no reſtraint upon, no baffle or af<g ref="char:EOLhyphen"/>fronting
offered to the <hi>Regal</hi> power. And yet
the <hi>Soveraign</hi> need not fear (if he be tollerably
carefull of his own eſtate) that any reaſonable
demand of his in theſe mony matters, will meet
with oppoſition or denial in his Houſes of Parli<g ref="char:EOLhyphen"/>ament.
For whileſt there are ſo many Acts of
<hi>Grace</hi> and <hi>favour</hi> to be done in Parliament
(as what almoſt in every Parliament but an
enlargement of the Kings favours to his peo<g ref="char:EOLhyphen"/>ple)
and that none can be done in Parliament
but with the Kings <hi>fiat</hi> and conſent: there is no
queſtion to be made, but that the two Houſes of
Parliament will far ſooner chooſe to ſupply the
King (as allwiſe Parliaments have done) than
rob the Subject of the benefit of his grace and
favours, which is the beſt fruit they reap from
Parliaments. Finally, whereas it is objected
(but I think it in ſport) that the old Lord <hi>Bur<g ref="char:EOLhyphen"/>leigh</hi>
uſed to ſay, that he <hi>knew not what a Parliament
in</hi> England <hi>could not do;</hi> and that King <hi>Iames</hi> once
ſaid in a Parliament, that <hi>then there were</hi> 500
<hi>Kings,</hi> which words were took for a Conceſſion
that all were Kings as well as he in a time of Par<g ref="char:EOLhyphen"/>liament;
they who have given us theſe Objecti<g ref="char:EOLhyphen"/>ons
do either miſ-underſtand their Authors, or
abuſe themſelves. For what the Lord <hi>Burleigh</hi>
ſaid of Parliaments (though it be more than the
wiſeſt man alive can juſtifie) he ſpake of Parlia<g ref="char:EOLhyphen"/>ments,
according as the word is uſed in its <hi>proper</hi>
ſenſe; not for the <hi>two Houſes,</hi> or for either of them
<hi>excluſive</hi> of the Kings preſence and conſent; but
<pb n="289" facs="tcp:114881:149"/>
for the <hi>ſupreme Court,</hi> for the higheſt Judicato<g ref="char:EOLhyphen"/>ry,
conſiſting of the Kings moſt excellent Ma<g ref="char:EOLhyphen"/>jeſty,
the Lords <hi>Spiritual</hi> and <hi>Temporal,</hi> and the
<hi>Repreſentees</hi> of the Commons; and then it will
not ſerve for the turn intended. And what
King <hi>James</hi> ſaid once in jeſt (though I have of<g ref="char:EOLhyphen"/>ten
heard it uſed in earneſt upon this occaſion)
was ſpoke only in deriſion of ſome daring Spi<g ref="char:EOLhyphen"/>rits,
who laying by the modeſty of their Prede<g ref="char:EOLhyphen"/>ceſſors,
would needs be looking into the <hi>Pre<g ref="char:EOLhyphen"/>rogative,</hi>
or finding errors and miſtakes in the
preſent Government, or medling with thoſe
<hi>Arcana imperii</hi> which former Parliaments be<g ref="char:EOLhyphen"/>held
at diſtance, with the eye of reverence. But
certainly King <hi>James</hi> intended nothing leſſe
than to acknowledg a <hi>co-ordinative Soveraignty</hi>
in the two Houſes of Parliament, or to make
them his Co-partners in the <hi>Regal</hi> power. His
carriage and behaviour towards them in the
whole courſe of his Government, clearly ſhews
the contrary: there never being prince more
jealous in the points of <hi>Soveraignty,</hi> nor more
uncapable of a <hi>Rival</hi> in thoſe points than
he.</p>
               <p>
                  <milestone type="tcpmilestone" unit="unspecified" n="XIV"/> 14. But yet the main objection (which we
may call the Objection <hi>paramount</hi>) doth remain
unanſwered. For if the <hi>three Eſtates</hi> convened
in Parliament, or any other <hi>popular Magiſtrate,</hi>
whom <hi>Calvin</hi> dreams of, be ordaned by the
Word of God, as Guardians of the peoples
<pb n="290" facs="tcp:114881:150"/>
Liberties; and therefore authoriſed to moderate
and reſtrain the power of Kings as often as they
ſhall invade or infringe thoſe liberties, as <hi>Cal<g ref="char:EOLhyphen"/>vin</hi>
plainly ſaies they were; or that they know
themſelves to be ordained by Gods word to
that end and purpoſe (<hi>cujus ſe lege Dei Tutores
poſitos eſſe norunt</hi>) as he ſaies they do: then
neither any <hi>diſcontinuance</hi> or non-uſage on their
parts, nor any <hi>preſcription</hi> to the contrary al<g ref="char:EOLhyphen"/>ledged
by Kings and ſupreme Princes, can hin<g ref="char:EOLhyphen"/>der
them from reſuming and exerciſing that
Authority which God hath given them, when<g ref="char:EOLhyphen"/>ſoever
they ſhall finde a fit time for it. But
firſt I would fain learn of <hi>Calvin</hi> in what part
of the Word of God we ſhall finde any ſuch
Authority given to thoſe <hi>popular Magiſtrates</hi>
(by what name ſoever they are called in their
ſeveral Countreys) as he tels us of. Not in the
<hi>old</hi> Teſtament I am ſure, though in the inſtitu<g ref="char:EOLhyphen"/>tion
of the <hi>ſeventy Elders</hi> there be ſome hopes
of it. For when <hi>Moſes</hi> firſt ordained thoſe <hi>El<g ref="char:EOLhyphen"/>ders,</hi>
it was not to diminiſh any part of that
<hi>power</hi> which was voſted in him, but to eaſe him<g ref="char:EOLhyphen"/>ſelf
of ſome part of the <hi>burthen</hi> which did lie
upon him. And this appears plainly by the
18. Chapter of the Book of <hi>Exodus.</hi> For when
it was obſerved by <hi>Jethro</hi> his Father in Law,
that he attended the buſineſſes of the people
<hi>from morning till night,</hi> he told him plainly
<hi>ultra v<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>res ſ<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>as negotium eſſe,</hi> that the <hi>burthen</hi>
was too heavy for him, verſ. 18. and therefore
<pb n="291" facs="tcp:114881:150"/>
that he ſhould chooſe ſome <hi>Under-officers,</hi> and
place them <hi>over Thouſands, over Hundreds, and
ever Fifties, and over Tens,</hi> Verſ. 21. <hi>Leviuſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan>
ſit tibi partito in alios onere:</hi> that ſo it might
be the eaſier for him, thoſe <hi>officers</hi> bearing ſome
part of the <hi>burthen</hi> with him. Yet ſo that theſe
<hi>inferior Officers</hi> ſhould only judge in matters of
<hi>inferior</hi> nature, the greater matters being ſtill
reſerved to his own Tribunal. Which counſel,
as it was very well approved by <hi>Moſes,</hi> ſo was
it given by <hi>Jethro</hi> and approved by <hi>Moſes,</hi> with
reference to the will and pleaſure of All-mighty
God, verſ. 23. And what the Lord God did in
it we ſhall finde in the Book of <hi>Numbers</hi> chap. 11.
For when <hi>Moſes</hi> made complaint to God, that
the <hi>Burthen of all the people was laid on him,</hi>
verſ. 11. (where note it is the <hi>burden</hi> ſtill which
he makes complaint of) and that <hi>he was not
able to hear all the people alone, becauſe it was
too heavie for him,</hi> verſ. 14. God willed him to
make choice of <hi>ſeventy</hi> of thoſe <hi>Officers,</hi> which
before he had placed over the people, and to
preſent them to him <hi>in the Tabernacle of the Con<g ref="char:EOLhyphen"/>gregation,</hi>
where he would give unto them the
<hi>Spirit</hi> of Government, <hi>ut ſuſtentent tecum o<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>us
populi,</hi> to the end that they might <hi>bear the
burthen of the people</hi> with him, verſ. 17. No<g ref="char:EOLhyphen"/>thing
in all this, but the eaſing of the <hi>Supreme
Magiſtrate</hi> of ſome part of the <hi>Burthen,</hi> which
was before too <hi>heavie</hi> for him, without any
diminution of his power in the leaſt reſpect.
<pb n="292" facs="tcp:114881:151"/>
Nor doth it make for <hi>Calvins</hi> purpoſe, that
God ſaid to <hi>Moſes,</hi> that he would <hi>take of the
Spirit which was upon him, and put it on</hi> the
ſeventy Elders, verſ. 17. the <hi>Spirit</hi> reſting upon
<hi>Moſes</hi> in as full a meaſure as at firſt it did, not
leſſened by the communication of it to thoſe <hi>Un<g ref="char:EOLhyphen"/>der-officers.</hi>
And ſo the point is ſtated by two
learned writers, though otherwiſe of different
perſwaſions in the things of God. By <hi>Eſtius</hi> for
the <hi>Pontificians</hi> it is ſo determined,<note place="margin">Eſtius in <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap> ſacrae ſcripturae loca. Num. 11. v. 17.</note> 
                  <hi>Non ſig<g ref="char:EOLhyphen"/>nificatur
per hoc, quod minus haberet Moſes de
ſpiritu quam antea, ſed ſignificatur, quod ex eo<g ref="char:EOLhyphen"/>dem
ſpiritu gratiae, quo repletus Moſes populum
illum regebat, etiam alii adjutorium eſſent habi<g ref="char:EOLhyphen"/>turi,
ad eundem populum regendum.</hi>
                  <note place="margin">Deodat. Annot. in Num. 11.</note> The very
ſame with that of <hi>Deodatus</hi> for the <hi>Proteſtant</hi>
or <hi>reformed</hi> writers. <hi>Not that the gift of the
Spirit</hi> (ſaith he) <hi>ſhould be in any manner truly</hi>
(or really) <hi>diminiſhed in</hi> Moſes, <hi>but becauſe that
infallible conduct of the Spirit of God, which
untill then had been peculiar to</hi> Moſes, <hi>ſhould be
made common to all the ſeventy in the publick
government.</hi> And much leſſe did it derogate
from the ſpirit and power of <hi>Moſes,</hi> that the
ſeventy were indued by God with the gift of
<hi>propheſie,</hi> verſ. 25. that being but a perſonal
grace, and perhaps but temporary to thoſe per<g ref="char:EOLhyphen"/>ſons
neither, to gain them at the firſt the grea<g ref="char:EOLhyphen"/>ter
eſtimation amongſt the people, whom they
were to govern; never pretended to by any
of their Succeſſors in that Magiſtracy for the
<pb n="293" facs="tcp:114881:151"/>
times inſuing. And therefore when <hi>Moſes</hi> was
told of it, he made light of the matter, and
was ſo far from envying at it, that he ſeemed
to wiſh <hi>that all Gods people</hi> might be able <hi>to
propheſie</hi> to one another,<note place="margin">Eſtius in Num. 11. v. 29.</note> verſ. 29. conceiving
rightly <hi>nihil abeſſe dignitati ſuae perſonae,</hi> as my
Author hath it, that it did nothing derogate
from his power and dignity; though <hi>J<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ſhua</hi>
out of an honeſt zeal to his Maſters greatneſſe
might fear it tended, or might tend unto the
<hi>diminution of his Maſters dignity and credit,</hi> as
is obſerved by <hi>Deodate.</hi> What power theſe
<hi>ſeventy Elders</hi> had in ſucceeding times, when
they were drawn into a body, and made up
that great Court which was called the <hi>Sanhe<g ref="char:EOLhyphen"/>drim;</hi>
and how far they were then from curbing
and reſtraining the power of thoſe ſeveral Kings
under which they lived, hath been ſhewn already.</p>
               <p>Now if the <hi>old Teſtament</hi> do give ſo little
countenance to that great Authority which <hi>Cal<g ref="char:EOLhyphen"/>vin</hi>
hath aſſigned ſo peremptorily to his <hi>three
Eſtates,</hi> or any other <hi>popular Magiſtates</hi> in their
ſeveral Countreys, I am ſure the <hi>New Teſta<g ref="char:EOLhyphen"/>ment</hi>
doth afford them leſſe; in which obedi<g ref="char:EOLhyphen"/>ence
to the <hi>Supreme Magiſtrate,</hi> is punctually
and frequently required of all ſorts of perſons.
<hi>Let every ſoul be ſubject to the higher powers,</hi>
ſaith the Apoſtle of the Gentiles, Rom. 13. 1.
If <hi>every ſoul,</hi> then neither any <hi>Papal, Presbyteri<g ref="char:EOLhyphen"/>an</hi>
or <hi>popular</hi> pretender can challenge any exem<g ref="char:EOLhyphen"/>ption
from that obedience and ſubjection to the
<pb n="294" facs="tcp:114881:152"/>
                  <hi>higher powers,</hi> which is required of them in this
Text; and much leſſe exerciſe any juriſdiction
or Authority over them, whereby they may be
brought in <hi>ſubjection</hi> to him.<note place="margin">Hieronym. in Rom. 13.</note> 
                  <q rend="inline margQuotes">"St. <hi>Jerome</hi> tels
us that this rule is given by the Apoſtle,
for fear leſt ſome preſuming on that <hi>Chriſti<g ref="char:EOLhyphen"/>an
Liberty</hi> unto which they were called, might
poſſibly refuſe to yeeld obedience and pay
their juſt Tributes to thoſe <hi>higher powers</hi>
to which the Lord had made them <hi>ſubject.</hi>"</q>
And therefore he deſires to humble them and
bring them unto a better underſtanding of their
Chriſtian duty, <hi>ne forte propter ſuperbiam, ma<g ref="char:EOLhyphen"/>gis
quam propter Deum contumeliam patiantur.</hi>
Leſt the reproach or puniſhment which they
ſuffered for it, ſhould be imputed rather to their
pride and arrogancy, then their zeal to God.
Now what St. <hi>Jerome</hi> tels us in the general on<g ref="char:EOLhyphen"/>ly,
is by St. <hi>Chryſoſtome</hi> preſt particularly, with
reference almoſt to all degrees and eſtates of
men: <hi>Here the Apoſtle ſheweth</hi> (ſaith he) <hi>that
theſe things are commanded to all men,</hi>
                  <note place="margin">Chryſoſt. in Rom. Hom. 23.</note> 
                  <hi>both
Prieſts and Monks, and not to temporal men only,
which he declareth in the beginning, when he
ſaid,</hi> Let every ſoul be ſubject to the higheſt
powers: <hi>although thou be an Apoſtle, although
thou be an Evangeliſt, although thou be a Pro<g ref="char:EOLhyphen"/>phet,
although thou be whatſoever thou art.</hi>
Which ſaid he gives this reaſon for it, <hi>that Re<g ref="char:EOLhyphen"/>ligion
is not overthrown by this ſubjection.</hi> If
no <hi>Apoſtle</hi> could pretend to an exemption from
<pb n="295" facs="tcp:114881:152"/>
thoſe common duties which Subjects owe unto
their Princes; then certainly the <hi>Pope</hi> who pre<g ref="char:EOLhyphen"/>tends
to ſit in <hi>Peters Chair,</hi> and to challenge all
the priviledges which belonged unto him, muſt
needs be in as great ſubjection to a <hi>Chriſtian</hi>
Emperor, as the Apoſtles were (in their times)
to any <hi>Heathen</hi> King. If thoſe things were
required of <hi>Prieſts</hi> and <hi>Monks,</hi> as he ſaies they
were, then muſt the <hi>Papal Clergie,</hi> (whether
they be <hi>Monaſticks</hi> or <hi>ſecular Priests</hi>) perform
thoſe duties, and yeeld that due obedience un<g ref="char:EOLhyphen"/>to
thoſe Kings and Princes under whom they
live, which are here required. But ſo it is, that
partly by ſtrong hand, and partly by taking their
opportunities in the darker Ages of the Church,
the <hi>Pope</hi> hath not only freed his Clergie from
the power of Princes, in matters even of Ci<g ref="char:EOLhyphen"/>vill
nature and concernment; but challengeth
for himſelf a power above them, and exerciſed
it for a long time with great pride and Tyran<g ref="char:EOLhyphen"/>ny,
contrary to the <hi>Apoſtles</hi> Rule and the <hi>Fa<g ref="char:EOLhyphen"/>thers</hi>
Commentary. If no <hi>Evangelist</hi> or <hi>Pro<g ref="char:EOLhyphen"/>phet</hi>
could challenge any ſuch exemption as the
<hi>Father</hi> plainly ſaith they could not; then much
leſſe can the <hi>Presbyterian</hi> Miniſter pretend unto
it, though he be both a <hi>Prophet</hi> and an <hi>Evan<g ref="char:EOLhyphen"/>gelist</hi>
alſo in his own conceit. Which notwith<g ref="char:EOLhyphen"/>ſtanding,
the <hi>Scottiſh Presbyterians</hi> had got unto
ſo great a head in the minority of King <hi>James,</hi>
in all matters, which related to Eccleſiaſtical cog<g ref="char:EOLhyphen"/>nizance
(and to that cognizance they reduced
<pb n="296" facs="tcp:114881:153"/>
all matters) they commonly declin'd the Kings
judgement, and his Courts of Judicature as al<g ref="char:EOLhyphen"/>together
incompetent; <hi>appealing</hi> from them ei<g ref="char:EOLhyphen"/>ther
to their own <hi>Presbyteries,</hi> or to the next
<hi>general Aſſembly</hi> of their own appointing: and
ſtanding ſo wilfully to thoſe Appeals, that ſome
of them had like to have paid dear for it, (after
that Kings coming into <hi>England</hi>) if the King
had not been more mercifull to them, then they
deſerved at his hands. If <hi>no man whatſoever
he be,</hi> can lawfully acquit himſelf from this
ſubjection as is ſaid by <hi>Chryſoſtome;</hi> what will
become of <hi>Calvins popular Magiſtrates,</hi> and of
the great authority which he gives them over
Kings and Princes; thoſe <hi>popular Officers</hi> being
included equally with the reſt of the people, in
St. <hi>Pauls</hi> injunction? It's true that <hi>Calvins po<g ref="char:EOLhyphen"/>pular
Officers</hi> may ſeem to have ſome colour
for it, both from our <hi>Engliſh</hi> Tranſlation and
the vulgar <hi>Latine;</hi> by which obedience is re<g ref="char:EOLhyphen"/>quired
<hi>ſublimioribus poteſtatibus,</hi> to the <hi>higher
powers;</hi> and all ſuch <hi>popular Officers,</hi> whatſo<g ref="char:EOLhyphen"/>ever
they be, may warrantably be lookt upon as
<hi>higher powers,</hi> in reſpect of the reſidue of the
people. But firſt the words in the original,
<hi>viz.</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, do not ſo properly ſignifie,
the <hi>higher,</hi> as the <hi>ſupreme powers:</hi> and ſo the
word is rendred in the firſt of St. <hi>Peter</hi> cap. 2.
verſ. 13. in which ſubmiſſion is required <hi>to
every ordinance of man for the Lords ſake, whe<g ref="char:EOLhyphen"/>ther
it be unto the King,</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, <hi>as to the</hi>
                  <pb n="297" facs="tcp:114881:153"/>
                  <hi>Supreme,</hi> or unto ſuch as are ſent by him, <hi>&amp;c.</hi>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, ſaith St. <hi>Peter</hi> in the ſingular, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>,
ſaith St. <hi>Paul</hi> in the plural number; both words
proceeding from <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, in the <hi>Nominative</hi>
Caſe, and conſequently being of the ſame ſenſe
and ſignification. But ſecondly permitting them
the benefit of theſe tranſlations, yet will they
finde but little colour for that coercive power,
that ſoveraign Authority and Juriſdiction, which
<hi>Calvin</hi> hath aſſigned to the <hi>three Eſtates</hi> or any
other <hi>popular Officers</hi> over Kings and Princes.
For though ſuch <hi>popular Officers</hi> may warranta<g ref="char:EOLhyphen"/>bly
be lookt upon as <hi>higher powers</hi> in reſpect of
the reſidue of the people, as before was ſaid,
yet are they <hi>lower powers</hi> in reſpect of the King,
from whom as they receive all the Authority
which they have, whatſoever it be, ſo unto him
they are to render an accompt of their actings in
it, whenſoever he pleaſeth. So that theſe <hi>popu<g ref="char:EOLhyphen"/>lar
Officers</hi> may be compar'd not unfitly unto
the <hi>Genera ſubalterna</hi> in the Schools of <hi>Logick;</hi>
each of them being <hi>ſubordinate</hi> to one another
(the Conſtable to the Maior or Bayliff in a
<hi>corporate</hi> Town, or to the Juſtices of the Peace
in the County at large, the Maiors and Juſtices
to the Judges in their ſeveral Circuits, the
Judges in their ſeveral Circuits and their Courts
of Judicature to the Lord Chancellor for the
time being, and he unto the <hi>three Eſtates</hi> when
convened in Parliament) till they end all in <hi>ge<g ref="char:EOLhyphen"/>nus
ſummum,</hi> in that ſupreme power which
<pb n="296" facs="tcp:114881:154"/>
                  <gap reason="duplicate" extent="1 page">
                     <desc>〈1 page duplicate〉</desc>
                  </gap>
                  <pb n="297" facs="tcp:114881:154"/>
                  <gap reason="duplicate" extent="1 page">
                     <desc>〈1 page duplicate〉</desc>
                  </gap>
                  <pb n="298" facs="tcp:114881:155"/>
is ſubordinate to none, and unto which the reſt
are <hi>Species ſubalternae</hi> (as the <hi>Logicians</hi> phraſe
it) in their ſeveral orders, till they end all in
<hi>Specie infimâ,</hi> even in the loweſt of the People.</p>
               <p>Leſs comfort can I give them from the Apo<g ref="char:EOLhyphen"/>ſtle
of the Jewes from the words of St. <hi>Peter,</hi>
in which ſubmiſſion is required (as before was
ſaid) <hi>to every ordinance of man, whether it be
unto the King as unto the Supreme, or unto Go<g ref="char:EOLhyphen"/>vernors,
as unto them that are ſent by him
for the puniſhment of evill doers, and for the
praiſe of them that do well.</hi> Now thoſe which
are thus authoriſed, and ſent by Kings to the
ends and purpoſes before mentioned, may very
properly be reſembled unto <hi>Jehoſophats</hi> Commiſ<g ref="char:EOLhyphen"/>ſioners
in the Kingdome of <hi>Judah,</hi>
                  <note place="margin">2 Chron. 17. 7.</note> or the <hi>itine<g ref="char:EOLhyphen"/>rary</hi>
Judges in the Realm of <hi>England;</hi> and can
neither claim nor exerciſe any other Authority,
then what in their Commiſſions and inſtructions
is aſſigned unto them. And certainly no King
did or will ever grant any ſuch Commiſſion
whereby his <hi>Vnder-officers</hi> and <hi>inferior Ma<g ref="char:EOLhyphen"/>giſtrates,</hi>
may challenge any power above
him, or exerciſe any juriſdiction or Authority
over him. If any thing in this Text may be
thought to favour <hi>Calvin</hi> in this ſtrange opinion,
it is that Kings are ſaid to be <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, <hi>hu<g ref="char:EOLhyphen"/>mana
creatura,</hi> ſaith the <hi>vulgar Latin,</hi> an <hi>ordi<g ref="char:EOLhyphen"/>nance
of man,</hi> as the <hi>Engliſh</hi> reads it; and be<g ref="char:EOLhyphen"/>ing
but a <hi>Creature</hi> of the peoples making, the reſt
may think themſelves as good men as he. <q rend="inline margQuotes">"The
<pb n="299" facs="tcp:114881:155"/>
                     <hi>Rhemiſts</hi> will have Kings to be called <hi>humane
creatures,</hi> becauſe elected by the people, or
holding their Soveraignty by birth and car<g ref="char:EOLhyphen"/>nall
propagation, ordained for the wealth,
peace and proſperity of the Subjects; to put
a difference betwixt that <hi>humane Superiority,</hi>
and the ſpiritual Rulers and Regiment, gui<g ref="char:EOLhyphen"/>ding
and governing the people to an higher
end, and inſtituted by God himſelf immedi<g ref="char:EOLhyphen"/>ately,
Chriſt having expreſly conſtituted the
form of Regiment, uſed ever ſince in the
Church."</q> Whereunto Dr. <hi>Fulk</hi> for want of a
better doth return this Anſwer, <hi>viz. That though
there be great difference between the government of
Princes, and Eccleſiaſtical Governors, yet the Apoſtle
calleth not Princes an humane creation, as though
they were not alſo of Gods Creation (for there is
no power but of God) but that the form of their
Creation is in mans appointment.</hi> All the <hi>Gene<g ref="char:EOLhyphen"/>vians</hi>
generally do ſo expound it, and it con<g ref="char:EOLhyphen"/>cerns
them ſo to do in point of <hi>intereſſe.</hi> The
Biſhop of that City was their Soveraign Prince,
and had <hi>jus utriuſ<expan>
                        <am>
                           <g ref="char:abque"/>
                        </am>
                        <ex>que</ex>
                     </expan> gladini,</hi> as <hi>Calvin</hi> ſignified
in a Letter to Cardinal <hi>Sadolet,</hi> till he and all
his Clergy were expelled the City in a <hi>popular
Tumult, Anno</hi> 1528. and a new form of Go<g ref="char:EOLhyphen"/>vernment
eſtabliſhed both in Church and State.
So that having laid the foundation of their Com<g ref="char:EOLhyphen"/>mon-wealth
in the expulſion of their Prince, and
the new model of their Diſcipline in refuſing to
have any more <hi>Biſhop;</hi> they found it beſt for juſti<g ref="char:EOLhyphen"/>fying
their proceedings at <hi>home,</hi> and increaſing
<pb n="300" facs="tcp:114881:156"/>
their Partizans <hi>abroad,</hi> to maintain a <hi>parity of Mi<g ref="char:EOLhyphen"/>niſters</hi>
in the Church of Chriſt, and to inveſt the
people and their <hi>popular Officers</hi> with a chief
power in the concernments and affairs of State,
even to the depoſing of Kings, and diſpoſing of
Kingdoms.</p>
               <p>But for this laſt they finde no warrant in
the Text which we have before us, For firſt
admitting the Tranſlation to be true and ge<g ref="char:EOLhyphen"/>nuine
(as indeed it is not) the <hi>Roman</hi> Empe<g ref="char:EOLhyphen"/>ror,
and conſequently other Kings and Princes,
may be ſaid to be an <hi>humane Ordinance,</hi> be<g ref="char:EOLhyphen"/>cauſe
their power is moſt viſibly converſant,
<hi>circa humanas Actiones,</hi> about ordering of hu<g ref="char:EOLhyphen"/>mane
Actions, and other civill affairs of men,
as they were ſubjects of the Empire, and Mem<g ref="char:EOLhyphen"/>bers
of that Body politick, whereof that Em<g ref="char:EOLhyphen"/>peror
was head. Secondly, to make ſoveraign
Princes by what name and Title ſoever called,
to be no other then an <hi>humane Ordinance,</hi> be<g ref="char:EOLhyphen"/>cauſe
they are <hi>ordained</hi> by the people and of
their appointment; muſt needs create an irre<g ref="char:EOLhyphen"/>concileable
difference between St. <hi>Peter</hi> and
St. <hi>Paul,</hi> by which laſt the <hi>Supreme Powers,</hi>
whatſoever they be, are called the <hi>Ordinance of
God. The Powers</hi> (ſaith that Apoſtle) are or<g ref="char:EOLhyphen"/>dained
of God, and therefore he that <hi>reſisteth
the Powers reſiſteth the</hi> Ordinance <hi>of God.</hi> Upon
which words <hi>Deodate</hi> gives this Gloſſe or Com<g ref="char:EOLhyphen"/>ment.
<q rend="inline margQuotes">"That the <hi>ſupreme Powers</hi> are called the
<hi>Ordinance of God,</hi> becauſe God is the Author
of this Order in the world: and all thoſe who
<pb n="301" facs="tcp:114881:156"/>
attain to theſe Dignities, do ſo, either by his
manifeſt will and approbation, when the means
are lawfull: or by his <hi>ſecret</hi> Providence by
meer permiſſion or toleration, when they are
unlawfull. Now it is fitting that man ſhould
approve and tolerate that which God approves
and tolerates."</q> But thirdly, I conceive that
thoſe words in the Greek Text of St. <hi>Peter,
viz.</hi> 
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, are not ſo properly tran<g ref="char:EOLhyphen"/>ſlated
as they might have been; and as the
ſame words, <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, are rendred by the ſame
<hi>Tranſlators</hi> (ſomewhat more neer to the Origi<g ref="char:EOLhyphen"/>nal)
in another place. For in the 8. chapt. to
the <hi>Romans</hi> verſ. 22. we finde them rendring
<gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, by the <hi>whole Creation</hi> (and why not
rather <hi>every Creature,</hi> as both our <hi>old Tranſla<g ref="char:EOLhyphen"/>tion</hi>
and the <hi>Rhemiſts</hi> read it, conform to <hi>om<g ref="char:EOLhyphen"/>nis
Creatura</hi> in the vulgar <hi>Latine?</hi>) which had
they done and kept themſelves more near to the
<hi>Greek</hi> Original in St. <hi>Peters</hi> Text, they either
would have rendred it by <hi>every humane Crea<g ref="char:EOLhyphen"/>ture,</hi>
as the <hi>Rhemiſts</hi> do; or rather by <hi>all Men,</hi> or
by <hi>all Man-kinde,</hi> as the words import. And
then the meaning will be this, that the <hi>Jewes</hi>
living <hi>ſcattered</hi> and <hi>diſperſt</hi> in <hi>Pontus, Galatia,
Cappadocia,</hi> and other Provinces of the Empire,
were to have their converſation ſo meek and
lowly (for fear of giving ſcandal to the Gen<g ref="char:EOLhyphen"/>tiles
amongſt whom they lived) as to ſubmit
themſelves to all <hi>Man-kinde,</hi> or rather to <hi>every
Man</hi> (unto every <hi>humane Creature,</hi> as the <hi>Rhe<g ref="char:EOLhyphen"/>miſts</hi>
read it) that was in Authority above, whe<g ref="char:EOLhyphen"/>ther
<pb n="302" facs="tcp:114881:157"/>
it were unto the Emperor himſelf, as their
ſupreme Lord, or to ſuch Legats, Prefects, and
Procurators, as were appointed by him for the
government of thoſe ſeveral Provinces, to the
end that they may puniſh the <hi>evil-doers,</hi> and in<g ref="char:EOLhyphen"/>courage
ſuch as <hi>did well,</hi> living comformably to
the Lawes by which they were governed. Small
comfort in this Text, as in any of the reſt before,
for thoſe <hi>popular Officers</hi> which <hi>Calvin</hi> makes
the Overſeers of the ſoveraign Prince, and
Guardians of the Liberties of the common
people.</p>
               <p>If then there be no Text of Scripture, no
warrant from the word of God by which the
<hi>popular Officers,</hi> which <hi>Calvin</hi> dreams of, are
made the Keepers of the Liberties of the Com<g ref="char:EOLhyphen"/>mon
people, or veſted with the power of op<g ref="char:EOLhyphen"/>poſing
Kings and ſoveraign Princes as often as
they wantonly inſult upon the people, or wil<g ref="char:EOLhyphen"/>fully
infringe their Priviledges: I would fain
learn how they ſhould come to know that they
are veſted with ſuch power, or truſted with the
defence of the Subjects Liberties (<hi>cujus ſe Dei
ordinatione Tutores poſitos eſſe norunt</hi>) as <hi>Calvin</hi>
plainly ſaies they do. If they pretend to know it
by <hi>inſpiration,</hi> ſuch <hi>inſpiration</hi> cannot be known
to any but themſelves alone; neither the Prince
or people, whom it moſt concerneth, can take
notice of it. Nor can they well aſſure themſelves
whether ſuch <hi>inſpirations</hi> come from God or
the Devil; the Devil many times inſnaring
proud ambitious and vain-glorious Men by ſuch
<pb n="303" facs="tcp:114881:157"/>
ſtrange Deluſions. If they pretend to know it
by the Dictate of their <hi>private Spirit</hi> (the <hi>great
Diana</hi> of <hi>Calvin</hi> and his followers in expounding
Scripture) we are but in the ſame uncertainties,
as we were before. And who can tell whether
the <hi>private Spirit</hi> they pretend unto, and do
ſo much brag of,<note place="margin">1 King. 22. 22.</note> may not be ſuch a <hi>lying Spirit
as was put into the mouthes of the Prophets,</hi> when
<hi>Ahab</hi> was to be ſeduced to his own deſtruction?
<hi>Adeo Argumenta ex abſurdo petita ineptos ha<g ref="char:EOLhyphen"/>bent
exitus,</hi> as <hi>Lactantius</hi> notes it.</p>
               <p>All I have now to add, is to ſhew the diffe<g ref="char:EOLhyphen"/>rence
between <hi>Calvin</hi> and his followers, in the
propounding of this Doctrine; delivered by
<hi>Calvin</hi> in few words, but <hi>Magiſterially</hi> enough,
and with no other Authority then his <hi>ipſe dixit;</hi>
enlarged by <hi>David Paraeus</hi> in his Comment on
the 13. chapter to the <hi>Romans</hi> into divers bran<g ref="char:EOLhyphen"/>ches,
and many endevours uſed by him (as by
the reſt of <hi>Calvins</hi> followers,) to finde out Ar<g ref="char:EOLhyphen"/>guments
and inſtances out of ſeveral Authors to
make good the cauſe. For which though <hi>Cal<g ref="char:EOLhyphen"/>vin</hi>
ſcap'd the fire, yet <hi>Paraeus</hi> could not. <hi>Ille
Crucem pretium ſceleris tulit, hic Diadema.</hi> For
ſo it hapned, that one Mr. <hi>Knight</hi> of <hi>Brodegates</hi>
(now <hi>Pembroke Colledge</hi>) in <hi>Oxford,</hi> had preach'd
up the Authority of theſe <hi>popular officers</hi> in a
Sermon before the Univerſity, about the be<g ref="char:EOLhyphen"/>ginning
of the year 1622. for which being pre<g ref="char:EOLhyphen"/>ſently
tranſmitted to the King and Councel, he
there ingenuouſly confeſſed, that he had bor<g ref="char:EOLhyphen"/>rowed
both his Doctrine, and his proofs and in<g ref="char:EOLhyphen"/>ſtances
<pb n="304" facs="tcp:114881:158"/>
from the Book of <hi>Paraeus</hi> above men<g ref="char:EOLhyphen"/>tioned.
Notice whereof being given to the
Univerſity, the whole Doctrine of <hi>Paraeus</hi> as to
that particular, was drawn into ſeveral <hi>Propoſi<g ref="char:EOLhyphen"/>tions;</hi>
which in a full and frequent <hi>Convoca<g ref="char:EOLhyphen"/>tion</hi>
held on the 25. of <hi>June,</hi> 1622. were ſeve<g ref="char:EOLhyphen"/>rally
condemned to be erroneous, ſcandalous,
and deſtructive of Monarchical Government.
Upon which Sentence or determination, the
King gave order that as many of thoſe books as
could be gotten, ſhould ſolemnly and publickly
be burnt in each of the <hi>Univerſities,</hi> and St. <hi>Pauls</hi>
Church-yard, which was done accordingly.
An accident much complained of by the Puritan
party for a long time after, who looked upon it
as the funeral pile of their Hopes and Projects;
till by degrees they got freſh courage, carrying
on their deſigns more ſecretly, by conſequence
more dangerouſly then before they did. The
terrible effects whereof we have ſeen and felt in
our late <hi>Civil Wars</hi> and preſent confuſions. But
it is time to cloſe this point, and come to a
concluſion of the whole Diſcourſe; there be no
other Objections that I know of, but what are
eaſily reduced unto thoſe before, or not worth
the Anſwering.</p>
               <p>15. Thus have we took a brief <hi>Survey</hi> of
thoſe inſinuations, grounds or <hi>Principles</hi> (call
them what you will) which <hi>CALVIN</hi> hath
laid down in his Book of <hi>Inſtitutions,</hi> for the
incouragement of the Subjects to rebellious
<pb n="305" facs="tcp:114881:158"/>
courſes, and putting them in Arms againſt
their Soveraign, either in caſe of <hi>Tyrannie,</hi> Li<g ref="char:EOLhyphen"/>centiouſneſs,
or <hi>Mal-adminiſtration,</hi> of what
ſort ſoever; by which the Subjects may pre<g ref="char:EOLhyphen"/>tend
that they are oppreſſed either in point of
<hi>liberty,</hi> or in point of <hi>property.</hi> And we have
ſhewn upon what falſe and weak foundations
he hath raiſed his building; how much he hath
miſtook or abuſed his Authors; but how much
more he hath betrayed and abuſed his Readers.
For we have clearly proved, and directly ma<g ref="char:EOLhyphen"/>nifeſted,
out of the beſt Records and Monu<g ref="char:EOLhyphen"/>ments
of the former times, that the <hi>Ephori</hi>
were not inſtituted in the State of <hi>Sparta</hi> to
oppoſe the <hi>Kings;</hi> nor the <hi>Tribunes</hi> in the
State of <hi>Rome</hi> to oppoſe the <hi>Conſuls;</hi> nor the <hi>De<g ref="char:EOLhyphen"/>marchi</hi>
in the Common-wealth of <hi>Athens</hi> to op<g ref="char:EOLhyphen"/>poſe
the <hi>Senate:</hi> or if they were, that this could
no way ſerve to advance his purpoſe of ſetting up
ſuch <hi>popular Officers</hi> in the Kingdoms of Chriſten<g ref="char:EOLhyphen"/>dom;
thoſe <hi>Officers</hi> being only found in <hi>Ariſto<g ref="char:EOLhyphen"/>craties,</hi>
or <hi>Democraties,</hi> but never heard or
dreampt of in a <hi>Monarchical</hi> Government. And
we have ſhewn both who they are which con<g ref="char:EOLhyphen"/>ſtitute
the <hi>three Eſtates</hi> in all <hi>Chriſtian</hi> King<g ref="char:EOLhyphen"/>doms;
and that there is no <hi>Chriſtian</hi> Kingdom in
which the <hi>three Eſtates</hi> convened in Parliament
(or by what other name ſoever they do call
them) have any authority either to regulate the
perſon of the <hi>Soveraign</hi> Prince, or reſtrain his
power, in caſe he be a <hi>Soveraign</hi> Prince, and not
<pb n="306" facs="tcp:114881:159"/>
meerly titular and conditional; and that it is not
to be found in Holy Scripture, that they are or
were ordained by God to be the <hi>Patrons</hi> and
<hi>Protectors</hi> of the Common people, and there<g ref="char:EOLhyphen"/>fore
chargeable with no leſſe a crime than a
moſt <hi>perfidious Diſsimulation, ſhould they connive
at</hi> Kings <hi>when they play the</hi> Tyrants, <hi>or want only</hi>
abuſe that power which the Lord hath given them,
to the oppreſſion of their Subjects. In which
laſt points, touching the deſignation of the
<hi>three Eſtates,</hi> and the authority pretended to
be veſted in them, I have carried a more particular
eye on this Kingdom of <hi>England</hi> where thoſe <hi>per<g ref="char:EOLhyphen"/>nicious
Principles</hi> and inſinuations which our Au<g ref="char:EOLhyphen"/>thor
gives us, have been too readily imbraced, and
too eagerly purſued by thoſe of his party and opi<g ref="char:EOLhyphen"/>nion.
If herein I have done any ſervice to Su<g ref="char:EOLhyphen"/>preme
Authority, my Countrey and ſome miſgui<g ref="char:EOLhyphen"/>ded
Zelots of it, I ſhall have reaſon to rejoyce in
my undertaking. If not, poſterity ſhall not ſay
that <hi>Calvins</hi> memory was ſo ſacred with me, and
his name ſo venerable, as rather to ſuffer ſuch a
<hi>Stumbling-block</hi> to be laid in the Subjects way
without being <hi>cenſured</hi> and <hi>removed,</hi> than either
his authority ſhould be brought in queſtion, or
any of his <hi>Dictates</hi> to a <hi>legal</hi> tryal. Having been
purchaſed by the Lord at ſo dear a price, we are
to be no longer <hi>the Servants of men,</hi> or to <hi>have the
truth of God with reſpect of perſons.</hi> I have God to
be my Father, and the Church my Mother, and
therefore have not only pleaded the Cauſe of
<pb n="307" facs="tcp:114881:159"/>
Kings and Supreme Magiſtrates who are the De<g ref="char:EOLhyphen"/>puties
of <hi>God,</hi> but added ſomewhat in behalf of
the Church of <hi>England,</hi> whoſe Rights and privi<g ref="char:EOLhyphen"/>ledges
I have pleaded to my beſt abilities. The
iſſue and ſucceſs I refer to him by whom <hi>Kings</hi>
do <hi>reign,</hi> and who appointed <hi>Kings,</hi> and other
Supreme Magiſtrates <hi>to be nurſing Fathers</hi> to his
Church; that as they do receive authority and
power from the hands of God, ſo they may uſe
the ſame in the protection and defence of the
Church of God: and <hi>God, even their own God
will give them his Bleſsing,</hi> and ſave them from the
<hi>ſtriving of unruly people,</hi> whoſe mouth ſpeaketh
proud words, and their <hi>right hand is a right hand
of iniquity.</hi>
               </p>
               <trailer>FINIS.</trailer>
            </div>
         </div>
      </body>
   </text>
</TEI>