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<PB REF="1" MS="y">
<P>JUSTICE VINDICATED From the Fal&s;e FUCUS put upon it, BY
<LIST>
<ITEM><HI>THOMAS WHITE</HI> Gent.</ITEM>
<ITEM>M^r <HI>THOMAS HOBBS,</HI> AND</ITEM>
<ITEM><HI>H&V;GO GROTI&V;S.</HI></ITEM>
</LIST></P>
<P>AS ALSO ELEMENTS OF Power &amp; Subjection; Wherein is demon&s;trated the Cau&s;e of all Humane, Chri&s;tian, and Legal SOCIETY.</P>
<P>And as a previous Introduction to the&s;e, is &s;hewed, The Method by which Men mu&s;t nece&s;&s;arily attain ARTS &amp; SCIENCES.</P>
<P>By <HI>ROGER COKE.</HI></P>
<P><HI>LONDON,</HI> Printed by <HI>Tho. Newcomb</HI> for <HI>G. Bedell</HI> and <HI>T. Collins,</HI> at the <HI>Middle-Temple-</HI>Gate, <HI>Fleet&s;treet.</HI> 1660.</P>
<PB REF="2">
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2" MS="y">
<HEAD>To the Kings mo&s;t Excellent Maje&s;ty, CHARLES II.</HEAD>
<HEAD TYPE="sub"><HI>By the Grace of GOD,</HI> KING of <HI>GREAT BRITAIN, FRANCE</HI> and <HI>IRELAND, Defender of the Faith.</HI></HEAD>
<P>_IF it were not unbecoming confi|dence, <HI>(Mo&s;t Eminent of Kings!)</HI> in <HI>Hugo Grotius,</HI> who at mo&s;t did owe Your Illu&s;trious Uncle <HI>Lewis</HI> the Thirteenth, but a topical and temporary obedience, to dedicate his Book <HI>De Jure Belli &amp; Pacis,</HI> to him, founded upon &s;uch feigned and incon&s;i&s;tible principles, becau&s;e written for <HI>Ju&s;tice:</HI> Then will it not ill become a natural Subject of Your Maje&s;ties, who by all divine and humane laws owes an indelible character of obedience to Your Maje&s;ty, to implore Your patronage of <HI>Ju&s;tice,</HI> founded upon the true and genuine cau&s;es. Nor is there any attribute of <HI>Ju&s;tice</HI>
<PB REF="3"> which <HI>Grotius</HI> there a&s;cribes to Your Uncle, but is as properly or more due to Your Maje&s;ty. For, if <HI>Lewis</HI> were ju&s;t, becau&s;e above any thing which might be &s;poken, he did honor the memory of the great King his Father, by imitating him; how ju&s;t then is Your Maje&s;ty, when as not all the &s;torms of adver&s;e fortune in Your Father or Self, could ever any ways &s;hake the con&s;tant veneration You have always paid his Saintlike memory, by imitating him; whereas pro|&s;perity did almo&s;t ever fill the &s;ails of Your Uncle and his great Father! If he were ju&s;t, becau&s;e he did in|&s;truct his Brother by all means, but mo&s;t by his own example; then is not Your Maje&s;ty le&s;s ju&s;t, who by all means, but mo&s;t by Your own Example, hath &s;o well in&s;tructed Your Brethren, that they in all re&s;pects an&s;wer the dignity of their high extraction, and who&s;e eminent Virtues have attained &s;uch a height of perfection, that they are ju&s;tly celebrated all over Chri&s;tendom with admiration! If he were ju&s;t, becau&s;e he did adorn his Si&s;ters with highe&s;t matrimonies; (yet certainly it was rather the felicity of his fortune, then acts of his ju&s;tice, that he was by the marriage of his Si&s;ters allied to all the greate&s;t Hereditary Princes of Chri&s;tendom:) how ju&s;t then is your Maje&s;ty, who hath &s;o adorned Ju&s;tice and Piety, that as being by nature wedded to the&s;e (though born one of the greate&s;t Princes of the We&s;tern world) You have preferred them before the enjoyment of Three Kingdoms! If he were ju&s;t, becau&s;e he did call back the almo&s;t buried Laws, and oppo&s;ed him|&s;elf to a Generation making ha&s;te into wor&s;e: Who then can expre&s;s Your ju&s;tice, who hath recalled our
<PB REF="3"> buried and almo&s;t forgotten Laws, and who with mo&s;t manife&s;t danger, yet by Providence miracu|lou&s;ly pre&s;erved for your Subjects deliverance, did oppo&s;e your &s;elf again&s;t the Tyranny of the mo&s;t perver&s;e generation of men that ever pretended to be Chri&s;tians! If he were not only ju&s;t, but al&s;o clement, whenas he took from his Subjects, who by ignorance of his goodnes had tran&s;gre&s;&s;ed the bounds of their duty, nothing but the liberty of &s;inning, nor did force their con&s;ciences differing from him in Re|ligion: Let the world then judge and admire your ju&s;tice and clemency, who of your own accord does refer the mo&s;t perpetrated villany committed in the &s;ight of the &s;un, upon the per&s;on of your Royal Fa|ther, not by your Subjects ignorant of his and your goodne&s;s, but by tho&s;e who had known his clemency and goodne&s;s, and in the wor&s;t of their wickedne&s;s needed not have de&s;paired of his favor, to tho&s;e of your Subjects neither convened nor elected by your authority! And are &s;o far from taking any thing from your peccant Subjects, more then liberty of &s;innng, that you admit of a re&s;titution to tho&s;e of your Sub|jects, who by &s;uch undue means had invaded the &s;acred patrimony of Gods Church, and your Crown. And though the&s;e things were committed upon pre|tence of Religion; yet &s;o tender is your Maje&s;ty, that you will force no mans con&s;cience, not of the&s;e men! And if it were ju&s;tice and mercy in your glori|ous Uncle, in the pro&s;perity of his fortune to relieve oppre&s;&s;ed people and Princes by his authority; then was it no ways le&s;s ju&s;tice and mercy in your Maje&s;ty, that in the adver&s;ity of your fortune, you did by all
<PB REF="4"> means endevour by your authority to relieve the op|pre&s;&s;ed and di&s;tre&s;&s;ed Princes and people of Chri|&s;tendom.</P>
<P>To You therefore, <HI>Great Sir!</HI> being the Fountain and Centre of Ju&s;tice in the&s;e your rightful Domi|nions, in the lowe&s;t po&s;ture of humility, do the&s;e <HI>Ob&s;ervations</HI> and <HI>Elements</HI> pre&s;ume to offer them|&s;elves, though not upon any confidence of them|&s;elves, or Author, but becau&s;e w<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">ten for and in defence of Ju&s;tice. To You, <HI>Sir,</HI> who by an indiffer|ent admini&s;tration of ju&s;t, received and known Laws, and moderating the &s;everity of them, (Your Maje&s;ty being their Moderator, as well as Arbitrator) where it becomes impo&s;sible for your Subjects to fulfil them, or inconvenient to Your &s;elf, or Subjects, in rigor to execute them, (if it be not your Subjects fault) &s;hall not le&s;s, under God, confer peace and happine&s;s to all &s;orts of them, then the Sun by its effluence does diffu&s;e life and light to all the various creatures of the Univer&s;e. This is it, which in time will reduce your wandring Subjects to the &s;ecure and known paths of their Allegiance, out of which they have gone a&s;tray: This is it, which will &s;ecure you from the imputation of Tyranny, and convince your adver&s;aries that it is not your fault in governing, but theirs in di&s;obeying, if hereafter they bring upon them&s;elves the mi&s;eries and calamities of another Civil war: And this is that, which will evidence to the world, that then your adver&s;aries became enemies to your Royal Father and Self, when they fir&s;t trod under foot the e&s;tabli&s;h|ed and received Laws of their Country; and that it is, and always was the de&s;ire of U&s;urpers, who having
<PB REF="4"> no ju&s;t title but new Oppre&s;sion, to introduce more new Inventions of their own, in place of the old Laws. This is it, which after your Maje&s;ties gracious <HI>Act of Oblivion</HI> for crimes pa&s;t, will &s;o &s;ettle the minds of your Subjects, that in the known ways of their ance&s;tors, they may ex|pect favor and protection from your Maje&s;ty. This is it, which will &s;o genuinely and equally &s;upport your Maje&s;ties Title, that as it is &s;o derived from the loins of innumerable Royal Ance&s;tors, as no man can &s;hew where it began, and &s;o clear, that in the world no man pre&s;umes to &s;tand in competition with You; &s;o is it &s;up|ported by received Laws of that continuance, that they have lo&s;t their fir&s;t original.</P>
<P>I pre&s;ume not, <HI>Sir,</HI> to &s;ay this of mine own head, to advi&s;e your Maje&s;ty, much le&s;s have any diffidence of your Maje&s;ties governing your Subjects any other way then by the e&s;tabli&s;hed and received Laws of the Nation, where mens vices and depraved manners do not require new ones: I de&s;igne no more then to demon|&s;trate, that it was not your Maje&s;ties Father's, and your own adherence to the e&s;tabli&s;hed Laws, but the iniquity of the times, which made him a Victim, and your Sacred &s;elf an Exile. Nay, in rea&s;on, as well as ju&s;tice, it had been a mo&s;t imprudent thing in either of your Maje&s;ties to have given up the Laws to the arbitrary lu&s;ts of your Adver&s;aries, or any one Faction: For, &s;hould either of your Maje&s;ties have indifferently renounced the Laws to your Adver&s;aries, being compounded of &s;uch differ|ent and contrary humors and affections, then there was no vi&s;ible means under Heaven to have cemented them, and by con&s;equence your Adver&s;aries ho&s;tility and con|fu&s;ion continued, and your own conditions no ways
<PB REF="5"> bettered or &s;ecured: Or &s;hould either of your Maje&s;ties have renounced the Laws, to have advanced any one Faction &s;o above the re&s;t, and all your loyal Subjects, that their arbitrary wills and lu&s;ts &s;hould have been the laws of all the re&s;t, and your other Subjects al&s;o; yet &s;hould you not only have failed to have contented that Faction, (it being the nature of Faction, never to bear any grateful acknowledgment for benefits received, but on the contrary always abu&s;e them to their prejudice from whom they received them, and never re&s;t until they have made them&s;elves all, and their Benefactors nothing at all, or vile and mi&s;erable) but have animated all the other Factions again&s;t your Maje&s;ties and it.</P>
<P>To the fulfilling of all &s;ingular and glorious Virtues in Your Sacred per&s;on, is added Your being a Chri&s;tian King, and a Nur&s;ing Father of the Church of Chri&s;t; and as if immediately &s;ent from Heaven to cure and repair the wounds of this mo&s;t mi&s;erably di&s;tracted Church, although Your Maje&s;ty is de&s;cended from in|numerable Royal Ance&s;tors, who have been Nur&s;ing Fathers of Chri&s;ts Church; yet are you not derived from any who have had the lea&s;t hand in the late Sacri|lege thereof. And though, <HI>Sir,</HI> You are and ought to be a Nur&s;ing Father of Gods Church, and a Patron and Defence again&s;t her ravenous and devouring Ad|ver&s;aries, yet none of mortal men have been more Re|ligious Sons of the Church, then Your Maje&s;ty, and Your Saintlike Father.</P>
<P>How unequal, and how unju&s;t then have been the &s;ufferings of Princes &s;o ju&s;t, &s;o religious, cau&s;ed by Chri|&s;tians, Your natural Subjects, and the&s;e pretending Con&s;cience? whereas no School teaches men a better
<PB REF="5"> le&s;&s;on of obedience to Princes, then the Chri&s;tian faith; whenas the fir&s;t principle or foundation of Subjects o|bedience to rightful Princes, is founded in the Law of Nature; however popular Orators and Athei&s;ts have, again&s;t all &s;en&s;e, rea&s;on, nature, and all authorities of &s;acred and profane Hi&s;tory, re&s;olved it into the pacts and wills of men. And con&s;cience always &s;uppo&s;es &s;ome &s;uperior law informing men to do, or not do a thing, or &s;uffer, when any &s;ubordinate power commands con|trary to it; whereas Your per&s;ecutors pretending con|cience, trod underfoot what&s;oever might be called &s;acred, to the attaining their &s;editious and &s;acrilegious ends.</P>
<P>That God in his providence doth often permit the good and ju&s;t to &s;uffer per&s;ecution, is evidently &s;een in all ages and places: But in rea&s;on and prudence, neither Your Maje&s;ties Father's, nor Your own adherence to the e&s;tabli&s;hed Government of the Church, and the Rites, Liturgy, and Means thereof, in Your adver&s;ities, when they were &s;o zealou&s;ly per&s;ecuted by its and Your adver&s;aries, could be any cau&s;e thereof: Neither would the de&s;ertion of it, have any ways conduced to either of Your Maje&s;ties advantage; for, &s;hould either of Your Maje&s;ties have renounced the Church and rites thereof, &s;o as to have been a Chri&s;tian King of &s;uch Mi&s;creants, who (be&s;ides that they would not be of any Chri&s;tian Church or &s;ociety) had by undue ways devoured the patrimony of the Church; yet no man in his right wits could have imagined &s;uch men would long have been governed in peace, or that all other men of their factions would have been content, who had not made a prey thereof; and there was not &s;ufficient to content all, nor indeed any at all; or that the canine appetites of tho&s;e
<PB REF="6"> men who had devoured the lands of the Church, would not al&s;o have hungred after tho&s;e of the Crown. Or &s;hould Your Maje&s;ty have advanced any one Faction &s;o above the re&s;t, that it &s;hould not only have tyrannized over the re&s;t of the Factions, but al&s;o Your Maje&s;ty and the re&s;t of Your &s;ubjects; yet could it not in rea&s;on have been expected, that this Faction (who by all Divine and Humane laws were &s;ubject to a Government, founded upon our Saviour and his Apo&s;tles, and by a continued &s;eries di&s;per&s;ed over the face of Chri&s;tianity, until of late it became violated in &s;ome places of <HI>Europe</HI> by &s;editious and &s;acrilegious men) &s;hould &s;o unju&s;tly ca&s;t off their obedience &s;o rightfully due, and yet expect that their wills and lu&s;ts &s;hould long be received for Laws by the re&s;t of the Factions, and all other of their fellow-&s;ubjects. But certainly, Your con&s;tant adherence to the Church, did proceed from the power and grace of God in You, before any prudential or moral cau&s;e.</P>
<P>Notwith&s;tanding that your Maje&s;ty is &s;o con&s;tant a Pre&s;erver of Chri&s;ts Church, and Propagator of Chri|&s;tian religion, and that your own con&s;cience hath been &s;o often attempted to be violated (by men of none at all indeed;) yet &s;o tender is your Maie&s;ty of other mens, that you will not force the con&s;cience of any of your &s;ub|jects, pretending it. A &s;trange conde&s;cen&s;ion, any one will judge, who con&s;iders the parties granting, and ex|pecting: For, &s;hould your Maje&s;ty command your Subjects any thing in derogation to the Maje&s;ty of God, or forbid them the wor&s;hip and &s;ervice of God, your Subjects might then ju&s;tly plead con&s;cience, becau&s;e the duty and allegiance which they owe to God, is in the fir&s;t place to be paid by all his creatures: Or &s;hould your
<PB REF="6"> Maje&s;ty command any thing which were immoral or unju&s;t, as that your Subjects &s;hould di&s;honor your Ma|je&s;ty or their Parents, &amp;c. they might ju&s;tly plead con|&s;cience, becau&s;e that for Subjects to honor their King, and children their Parents, is founded in Nature, and is a Law of God engraven in the minds of all mortal men; or &s;hould your Maje&s;ty have lived in the Primeve times of Chri&s;tianity, when men by the light of Humane Nature apprehending a Deity to be publickly Wor|&s;hipped and Served, yet being ignorant of the manner, mi&s;placed it in <HI>O&s;yris, I&s;is, Iupiter, Apollo,</HI> an <HI>Oak,</HI> &amp;c. then to have compelled them to have Wor&s;hipped God after the manner of Chri&s;tians, had been uncon&s;ciona|ble and unchri&s;tian, becau&s;e they paid an acknowledge|ment of that Wor&s;hip due to God by Nature, and could not by Nature apprehend this, but mu&s;t wait upon God, until (that by the ordinary means of the Church, or &s;u|pernaturally in&s;pired by God,) they &s;hould be converted thereunto: Or &s;hould your Maje&s;ty command any thing in derogation to Chri&s;tian Faith or Religion, they might plead Con&s;cience, becau&s;e the Obedience they owe thereunto is &s;uperior to all Humane Laws: But when as God is to be publickly Wor&s;hipped, and your Maje&s;ty obeyed by the light of Humane Nature; whenas he that heareth, and obeyeth not the Church, is to be ac|counted an Infidel and Heathen man; and neither your Maje&s;ty nor Church enjoyning any thing contrary to the Law of Nature, or Gods Will revealed in Scriptures, but conformable to the&s;e; for men, your natural Subjects, and Born and Baptized in a Chri&s;tian Church, in contra|diction to all the&s;e, to plead Liberty of Con&s;cience, to be Athei&s;ts, Hypocrites, and Schi&s;maticks, is &s;uch a mon|&s;trous
<PB REF="7"> Paradox, as is not imaginable &s;hould proceed from rea&s;onable creatures, not aiming at &s;ome further mi&s;chief: And when your Maje&s;ty &s;hall with bleeding tears reflect upon the manners of the&s;e men thus preten|ding Liberty of Con&s;cience, you will finde them never to have made any con&s;cience of Liberty, their Manners no whit better then their Religion? but as great enemies to Humane Society, as Chri&s;tian Religion: For they no &s;ooner, upon pretence of Liberty of Con&s;cience, got licence of action, but what followed; Rapine, Plunder, Seque&s;tration, Sacriledge, Regicidi&s;m and Murder, up|on the E&s;tates of the Church, Crown, and the Sacred Per&s;on of your Royal Father, and the principal members of Church and State, who were your be&s;t and mo&s;t Loy|al, and their Fellow-Subjects: when as by the Law, or Light of Nature, no man ought to do that willingly to another, which he would not have done to him&s;elf. Nor is this humor only Topical, or confined within the limits of your Dominion; but where&s;oever men would not pay the Duty they ought to God in the fir&s;t Table, they have never better perform'd that to their neighbor in the &s;econd, although it hath not plea&s;ed God to permit them to attain &s;uch a degree of Impiety, as here in your Maje|&s;ties Dominions; and your Maje&s;ty may believe it, that the times are changed, not the&s;e mens manners and di&s;|po&s;itions, to attempt the like again when&s;oever they get an opportunity; however, the&s;e things at pre&s;ent will be better cured by your Maje&s;ties Chri&s;tian Patience and example, then by your &s;evere Execution of the e&s;tabli&s;h|ed Laws again&s;t them; yet if the Laborer be worthy of his Hire, then is he who is Hired worthy to Labor; and the&s;e men who pretending Con&s;cience, neglect or
<PB REF="7" MS="y"> refu&s;e to perform the Duties of the Church, are utterly unworthy the Means of the Church.</P>
<P>Mans nece&s;sity is Gods oportunity: It is Gods u&s;u|al way in his Providence (doubtle&s;s to manife&s;t the great|ne&s;s of his Power to us Mortals here below) when mens extremities are at the highe&s;t, then to relieve them, ha|ving, it may be, the lea&s;t rea&s;ons or hope to expect it; and indeed what le&s;s then the power and grace of God in a Chri&s;tian Prince, &s;o Religious, &s;o Ju&s;t, &s;o Merciful, and &s;o de&s;cended, at &s;uch a time, could have cured the wide wounds of our mi&s;erable Church, and di&s;tracted State? <HI>D'avila</HI> reports of <HI>Coligny</HI> the Admiral of <HI>France,</HI> that he would u&s;ually prefer him&s;elf before <HI>Cae&s;ar</HI> or <HI>Alexander,</HI> becau&s;e they acquired greatne&s;s by pro&s;perous Fortune; whereas notwith&s;tanding that Fortune was always ad|ver&s;e to him, he &s;till ro&s;e more formidable and terrible to his adver&s;aries: Sure it is an admirable thing, that af|ter all the adver&s;ity of your Affairs, God &s;hould without force or blood, exalt your Sacred Head above the Storms and Waves of &s;uch Enemies, who had neither Religi|on, Law, Ju&s;tice or Rea&s;on, but only force and blood in &s;tead of, and again&s;t the&s;e, to maintain their Cau&s;e.</P>
<P>It cannot but be a con&s;olation to any man in adver|&s;ity, rightly con&s;idering, how God (in the ordinary na|ture of things,) does afflict men who place happine&s;s in things of this world, and reward the afflictions of men (e&s;pecially who &s;uffer for a good Con&s;cience) even in this world; for no man placeing happine&s;s in things here below, can &s;o enjoy them, but nece&s;&s;arily a time will come when he &s;hall &s;ay, I take no plea&s;ure in them; and then it will be <HI>mi&s;erum fui&s;&s;e beatum;</HI> whereas other men who are afflicted, and &s;uffer per&s;ecution, are no ways
<PB REF="8"> affrighted at the terrors of death, but rather with joy ex|pect happine&s;s in another world, after they &s;hall be freed from the cares and troubles of this; or if it plea&s;es God to free them from their afflictions here, then they truly convert <HI>mi&s;erum fui&s;&s;e beatum,</HI> into <HI>beatum fui&s;&s;e mi&s;erum.</HI> Be&s;ides your Maje&s;ties individual happine&s;s in making &s;o right con&s;truction of your precedent affections, and the advantages you have acquired by your &s;evere education therein; your Subjects (like men who have been long &s;ick, will better learn to e&s;teem health) from their many &s;uf|ferings in your ab&s;ence, will for the future learn to &s;et a truer e&s;timation upon your Pro&s;perity and Pre&s;ence. And may the God of Peace, the God of Mercy, and the God of Ju&s;tice, &s;o Crown the antecedent adver&s;e fortune of You, Sir, the mo&s;t Peaceable, the mo&s;t Merciful, Ju&s;t, and be&s;t of Princes, that being as Good and Ju&s;t as <HI>Trajan,</HI> and as Devout and Religious as <HI>Con&s;tantine</HI> the Great, or <HI>Theodo&s;ius</HI> the fir&s;t, you may be of your Sub|jects as beloved as was <HI>Augu&s;tus,</HI> and the Arbitrator of Chri&s;tendom, as well as Defender of the Chri&s;tian Faith: And when this your Diadem &s;hall de&s;cend to your next Heir, you may then a&s;&s;ume a Cele&s;tial one, which &s;hall never be &s;ubject to time, variation, or chance: Which is, and always &s;hall be the daily Payer of,</P>
<CLOSER><SALUTE>SIR,</SALUTE>
<SIGNED>Your mo&s;t Devoted, and mo&s;t Obedient Subject, ROGER COKE.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="title page">
<PB REF="8">
<P>OBSERVATIONS UPON M^r THO: WHITE's GROUNDS OF Obedience &amp; Government.</P>
<P>M^r HOBBS his BOOK De Cive: AND UPON H&V;GO GROTI&V;S De Jure Belli &amp; Pacis.</P>
<Q><P>Prematur, nunquam Opprimitur veritas.</P>
<P>Nulla res magis operae pretium e&s;t, &s;ive ad utilitatem fructuo&s;ior, &s;ive ad animi voluptatem jucundior e&s;&s;e pote&s;t qu&agrave;m Ju&s;titia, qu&acirc; quidem po&s;t Deum Immortalem, re|rum omnium Publicarum Fundamenta, nituntur.</P>
<P>Corruptio ver&ograve; optimi, e&s;t pe&s;sima.</P></Q>
<P>By <HI>ROGER COKE.</HI></P>
<P><HI>LONDON:</HI> Printed by <HI>T. N.</HI> for <HI>G. Bedel</HI> and <HI>T. Collins,</HI> at the Middle-Temple Gate. 1660.</P>
<PB REF="9">
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="9">
<HEAD>TO THE READER.</HEAD>
<P>_I Have often with great ad|miration con&s;idered in my &s;elf, how that all men, good and bad, rich and poor, noble and ignoble, have with one voice commended Virtue, and decried Vice; and yet &s;carce any man in a thou&s;and hath made Vir|tue the rule or rea&s;on of his actions. Nor is it a thing le&s;s worth admiration to con&s;ider, how that all men generally have not only a natural &s;pight again&s;t their Superiors, and are unwilling to obey them, but al&s;o a propen&s;e de&s;ire to attain to Liberty, and do tread under foot all things which may be called &s;acred, to the attaining thereof; and yet at no time or place in the world, did ever men accompli&s;h it. I did there|fore conclude with my &s;elf, that not only all Moral Virtue, but Humane Society, did proceed from higher then any humane, or voluntary cau&s;es.</P>
<PB REF="10">
<P> Nor was that le&s;s abhorrent to me, which men in this factious age beg for a Principle, <HI>viz. That all men by Nature, or the Law of Nature, are in a like equal condition; and that the Laws of Nature are eternal, and immutable even by God him&s;elf:</HI> And yet by a continued violence upon the&s;e eternal and im|mutable Laws, men &s;hould every where in the world live in Society, or in the mutual offices of command|ing and obeying.</P>
<P>Yet did not I &s;o confidently re&s;olve the&s;e things, as to exclude what I could argue again&s;t them: I therefore did &s;uppo&s;e in my &s;elf a company of &s;uch men, as were in a parity of condition; yet could I never conceive it po&s;sible that ever any <HI>Civitas</HI> or Su|preme power could be derived or created by them: For either this <HI>Civitas</HI> mu&s;t be &s;uperior to the <HI>Cives</HI> or People that made it, or not: If it were not &s;uperior to it, then could it not govern or rule them; for do|minion is always placed in the &s;uperior part: If &s;u|perior to it, then was the Creature or In&s;trument &s;u|perior to the Cau&s;e and Creator, which is mo&s;t ab|&s;urd. Nor was it to me le&s;s mon&s;trous to imagine, that any thing could give or transfer that to another, which it &s;elf hath not; but this people or multitude, who &s;hould make this <HI>civitas,</HI> had neither <HI>Jus vitae</HI> or <HI>necis,</HI> nor Property &s;eperately nor conjunctly; they could not therefore endue another with that power, which none of them, nor all of them together had, and without which, there can be no &s;upream power which may protect and defend Subjects.</P>
<P>But I did not in&s;i&s;t onely upon this, but &s;uppo|&s;ed that the <HI>cives</HI> could make a <HI>civitas,</HI> which &s;hould
<PB REF="10"> be &s;uperior to them, and endew it with a power which none of them, nor all of them had; yet was I no le&s;s perplexed then before, who the&s;e <HI>cives,</HI> which &s;hould make this civil Pact &s;hould be? and who &s;hould be &s;ubject to it? If onely tho&s;e be the <HI>cives,</HI> who made this <HI>civitas,</HI> and they onely &s;ubject to it&punc; then were Women and Children, who were none of the <HI>cives</HI> that made this <HI>civitas</HI> free and indepen|dent from it: Nor could all the people or multitude of both Sexes, and all Ages, in &s;uch an imaginary &s;tate, be the <HI>cives</HI> which mu&s;t con&s;titute this <HI>civitas</HI> by virtue of the civil Pact: For many mu&s;t nece&s;&s;arily be &s;o yong, as not being <HI>compotes mentium,</HI> they could have under&s;tanding &s;ufficient for the doing &s;uch an act: And if no Laws oblige Men to their Pacts and Contracts done under &s;uch an age, then &s;ure it mu&s;t be unrea&s;onable, that Children and Infants &s;hould be obliged to their act, if they then did it; or there|fore obliged, becau&s;e others had done it, upon whom they had no dependence.</P>
<P>Well, but &s;uppo&s;e the&s;e men in &s;uch a condition to be qualified to do &s;uch an act, yet did another doubt ari&s;e, which I could no ways &s;alve, <HI>viz. Who &s;hould define at what age the Men &s;hould be, who &s;hould con&s;titute this</HI> civitas? Well, I went yet further, I &s;uppo&s;ed it granted, That it &s;hould be agreed at what age Men in &s;uch a condition might give up their wills, and con&s;titute a <HI>civitas;</HI> yet was it not in rea&s;on probable, that this <HI>civitas</HI> &s;hould be of one days con|tinuance: For being formally con&s;tituted of &s;uch indi|vidual <HI>cives,</HI> it could not be of any longer continu|ance then the cau&s;e, <HI>Sublata cau&s;a, tollitur &amp; effectus;</HI>
<PB REF="11"> but the next day, &s;ome of the <HI>cives</HI> would be probably dead, and others grown up to be of age, who were none of tho&s;e individuals which did con&s;titute the <HI>civitas.</HI> Well, but I &s;uppo&s;ed the <HI>cives</HI> who made <NOTE PLACE="marg"><HI>Formae rerum &s;icut numeri con&s;i&s;tunt in indivi&s;ibili.</HI> They could not therefore be the <HI>cives,</HI> that did con|&s;titute the <HI>ci|vitas,</HI> and by con&s;equence no &s;uch could remain as the <HI>civitas.</HI></NOTE> this <HI>civitas</HI> to be immortal, and no po&s;terity; yet could not I in rea&s;on expect it to be of any continu|ance; for <HI>cujus e&s;t velle, ejus e&s;t nolle,</HI> and not onely all ju&s;t and legal actions, but all Arts and Sciences, may truly and ultimately be re&s;olved into their fir&s;t Principles, without any diminution to them. The People therefore con&s;tant in nothing but incon&s;tan|cy, could not in rea&s;on be expected con&s;tant and obedient to their Creature the <HI>civitas</HI> onely, and yet &s;o in nothing el&s;e: Be&s;ides, I always did believe, and yet do, that all Mens Pacts and Wills mu&s;t be conformable to the Laws of every place, and where they are again&s;t them, then do they oblige no further then to Repentance: Much more therefore ought all mens Wills and Pacts, to conform and &s;ubmit to the Laws of Nature, and never tran&s;gre&s;s that; and that all Pacts and Acts of mens Wills made a|gain&s;t it, oblige to nothing but Repentance: Nor is there any thing more abominable, then to conceive that the Acts of mens Wills &s;hould irritate the Law of Nature, which they &s;ay is immutable by God. Hence it is, I conceive, that Mr. <HI>Hobbs,</HI> will not have all men to be of a like and equal condition <HI>lege natu|rae,</HI> but <HI>jure naturae;</HI> and therefore mo&s;t ab&s;urdly makes <HI>jus naturae,</HI> to be contrary to <HI>lex naturae</HI> (and yet oftentimes in his <HI>Preface,</HI> and <HI>Cap.</HI> 8. <HI>Art.</HI> 10. confounds <HI>jus</HI> with <HI>lex)</HI> and that the Acts of mens Wills, to make them in a better e&s;tate then God hath made them,
<PB REF="11"> &s;hould be the Law of Nature, or of God: Where|as on the contrary, If no man that ever was born in the World, which was not a <HI>Po&s;thumus King,</HI> but was born in &s;ubjection, not onely to his Parents, or as a Servant in a Family, but to &s;omething &s;uperior to the&s;e; then cannot the will of that man, nor all the men in the World, alter or make that man in an|other condition then that, whereof neither any act of his will, nor the will of any man el&s;e, was the cau&s;e.</P>
<P>But yet did not I conclude things, onely as I was an intellectual or rational Creature; but being a Chri|&s;tian, I &s;ubmitted all my Rea&s;on and Under&s;tanding to the mo&s;t high Authority of &s;acred Scripture, in tho&s;e plain places which admit of no Controver&s;ie, where both in the <HI>Old</HI> and <HI>New Te&s;tament,</HI> the fir&s;t cau&s;es of &s;upream Power are owned to be Gods Or|dinance; <NOTE PLACE="marg">Rom. 13.</NOTE> <HI>By God Kings raign, and Princes de|cree</HI> <NOTE PLACE="marg">Prov. 8.</NOTE> <HI>Justice;</HI> and there can be no power but from above, <HI>Joh.</HI> 19. 11. And all power is in relation to &s;omething &s;ubject to it.</P>
<P>But becau&s;e I would not &s;eem to &s;ee only with mine own eyes, I de&s;ired yet to be better informed of the&s;e things, and from whom better then Mr. <HI>Hobbs,</HI> and <HI>Hugo Grotius,</HI> (Men no doubt of as eminent learning and parts, as any this la&s;t Age hath produced) the&s;e Men both derive their <HI>civitas</HI> from &s;uch Principles, as is before &s;poken of, <HI>viz. From the Pacts and con|tracts of Men in a parity and equal condition;</HI> but &s;o far was I from being convinced, that (if I under&s;tand them aright) I was amazed to &s;ee &s;uch incon&s;i&s;tible and impo&s;sible things to come from Men, otherwi&s;e &s;o learned.</P>
<PB REF="12">
<P> For though Mr. <HI>Hobbs</HI> does lay down his Prin|ciples, and per&s;ue his method much more clearly then <HI>Grotius</HI> does; yet his Principles are &s;o mon&s;trous, That to me it is impo&s;sible any ingenuous Man &s;hould a&s;&s;ent to them. Indeed if Mr. <HI>Hobbs</HI> would have &s;uppo&s;ed, that the &s;tate of Man had been either in Society, or out of Society; and that, out of Socie|ty, Men had been in &s;uch a &s;tate as he makes them, in his &s;tate of pure Nature, I &s;hould never have &s;tumbled at it: But, he for&s;ooth, requires it for a <NOTE PLACE="marg">Yet thus much I will tell Mr. <HI>Hobbs,</HI> he may as wel &s;uppo&s;e a Brute an in|tellectual or rational Creature; or a man, no intel|lectual or ra|tional Crea|ture; as no &s;ociable, or out of Society.</NOTE> Principle, <HI>That all Men</HI> jure naturali, <HI>are in a pari|ty and equal condition, and may kill one another without any offence or &s;in; and that Men continue in this e&s;tate, until by their civil Pact, they oblige them&s;elves to one another, that the will of the</HI> civitas <HI>&s;hall be the will of them all.</HI> Notwith&s;tanding this, I mu&s;t needs &s;ay of Mr. <HI>Hobbs,</HI> That if Men have &s;o little under&s;tanding, as to make <HI>Jus naturale</HI> to be contrary to <HI>Lex naturalis,</HI> and &s;o little grace as to believe that the <HI>civitas</HI> hath all its power from the Pacts and wills of Men, and yet impo&s;sible to command any thing contrary to the Law of Nature (which he &s;ays is the Law of God) and tyranny to be onely <HI>ab exercitio,</HI> when as it is impo&s;sible for Kings to command any thing contrary to the Law of Nature; and all Faith and Gho&s;tly Power which our Saviour left in his Church, to be in&s;trumental and &s;ub&s;ervient to it; and never look how little he under&s;tands a Pact, or from whence Men become obliged to it; the <HI>cives</HI> of this <HI>&V;topia</HI> may do well enough.</P>
<P>If I edified but little by Mr. <HI>Hobbs,</HI> yet I recei|ved much le&s;s &s;atisfaction from <HI>Grotius;</HI> for Mr.
<PB REF="12" MS="y"> <HI>Hobbs</HI> defines his terms &s;o clearly, as to me, he was ea&s;ily under&s;tood; whereas all <HI>Grotius</HI> his Principles are &s;o perplexed, and equivocal, that it is not po&s;si|ble for any Man to under&s;tand any thing clearly from him. As the fir&s;t thing in his <HI>Preface,</HI> he confounds, is, <HI>Societas &amp; Communitas;</HI> whereas <HI>Societas</HI> is as different from <HI>Communitas,</HI> as black is from white; <HI>So|cietas,</HI> according to the definition of <HI>Aristotle,</HI> being <NOTE PLACE="marg">Pol. lib. 1. cap&punc; 5.</NOTE> <HI>&V;num quid it a constans ex diver&s;is per&s;onis, ut &s;it unum quod imperet, alterum quod pareat.</HI> Society is one thing &s;o made up of divers per&s;ons, that one may command, another obey; Whereas community is, where any company of Creatures are, without the offices of commanding and obeying.</P>
<P>Well, but having got out of his <HI>Preface,</HI> after &s;ome Propo&s;itions of his Method, &amp;c. he in the Tenth Paragraph of the Fir&s;t Chapter of the Fir&s;t Book <HI>De jure Belli &amp; Pacis,</HI> defines <HI>Jus Naturale</HI> in a tedious general thing, to be <HI>dictatum rectae rationis, &amp;c.</HI> and this to be the Law of God; and about the middle, to be immutable by God him&s;elf; and to|wards the latter end, to continue but for a certain &s;pace; and towards the beginning he makes the Do|minion which is now in u&s;e, to be brought in by the will of Man, and this to be <HI>Jus Naturale</HI> too. Now let any ingenuous Man judge, what can be clearly deduced from <HI>Jus Naturale,</HI> which is the Law of God, and immutable by God; and yet to continue but for a certain time, until a Dominion brought in by the will of Man, &s;hould abrogate what was immutable by God; and this Dominion thus brought in again&s;t this <HI>Jus Naturale,</HI> to be
<PB REF="13"> <HI>Jus Naturale</HI> too. If I have &s;landered <HI>Grotius,</HI> let any Man &s;ee the Paragraph afore&s;aid.</P>
<P>It was to me an admirable thing to con&s;ider, that men &s;o learned, &s;hould one of them define the Law of Nature to be <HI>Dictamen rectae rationis,</HI> the other <HI>Dictatum rectae rationis.</HI> Well, I will therefore &s;ee what <HI>Ratiocinatio</HI> is, and what <HI>Dictamen,</HI> or <HI>Dicta|tum rectae rationis</HI> (which is the &s;ame thing;) and whether this can to any ingenuous man be any pro|bable definition of the Law of Nature.</P>
<P><HI>Ari&s;totle, Eth. Lib.</HI> 6. <HI>Cap.</HI> 3. makes Ratiocinati|on, and by con&s;equence every dictate of Rea&s;on, to be from Univer&s;als; and that there are &s;ome Princi|ples which do con&s;titute the Ratiocination, of which there can be no Ratiocination. The&s;e Principles for which no Rea&s;on can be given, and yet the rea&s;on of all tho&s;e things which can be deduced from them, are called <HI>Axiomata, Dignitates,</HI> or <HI>Communes No|tiones;</HI> and from the&s;e, men by Ratiocination or Right Rea&s;on, do infer Arts and Sciences <NOTE N="a" PLACE="marg"><HI>Scientia e&s;t actio, ars ef|fectio.</HI> Eth. l. 6. c. 4. Both be|gotten by right Rea&s;on. <HI>Ars e&s;t habitus ad faciendum idoneus cum ve|r&acirc; ratione con|junctus.</HI></NOTE>: Nay, all Ratiocination or Right rea&s;oning what&s;oever, may be re&s;olved into &s;omewhat which is &s;uperior to this Ratiocination; for which no rea&s;on can be given <NOTE N="*" PLACE="marg">The&s;e things thus premi&s;ed, I &s;ay it is im|po&s;&s;ible the Law of Na|ture &s;hould be the dictate of Right Rea&s;on, and thus I prove it; Every Princi|ple which does con&s;titute Ratiocination, and for which no Rea&s;on can be given, is no dictate of Right Rea&s;on. But the Law of Nature is a Principle which does con&s;titute Ra|tiocination; and for which no rea&s;on can be given; Therefore the Law of Na|ture is no di|ctate of Right Rea&s;on. If Mr. <HI>Hobbs</HI> denies the Mi|nor Propo&s;iti|on, &s;et him &s;hew into what it can be further re&s;ol|ved, or what can prove it: For though God be the prime and effi|cient cau&s;e of all things, but what proceeds from the will of man, and into which, all things may be ultimately re|&s;olved; yet by Principles <HI>Ari|&s;totle</HI> and all Philo&s;ophers, under&s;tand tho&s;e things which immediately proceed from God; and the Law of Nature could not be the Law of God, if it did not immediately proceed from him; but the Law of that thing from which it did immediately proceed; the Law of Nature therefore is a Principle.</NOTE>.</P>
<P>Well, but let us &s;uppo&s;e the Law of Nature to be the dictate of Right Rea&s;on, and &s;ee the con&s;e|quence. Every dictate of Right Rea&s;on, is of le&s;s Dignity, Authority, and Excellency, then the Right Rea&s;on, <HI>viz.</HI> The Effect, then the Cau&s;e: But <HI>ex hypothe&s;i,</HI> the Law of Nature, <HI>viz.</HI> the Law of God the Creator, is the dictate of Right Rea&s;on. Therefore is the Law of the Creator, of le&s;s Dig|nity,
<PB REF="13"> authority and excellency, then the faculty and attribute of the creature, <HI>viz.</HI> Right rea&s;on; then which what can be more mon&s;trous and bla&s;phe|mous?</P>
<P>Nor is this definition le&s;s ridiculous, then impo&s;|&s;ible and bla&s;phemous: For the dictates of Right rea&s;on are under&s;tood by one man, and not by an|other, and may be learned and taught. Suppo&s;e now, one of the&s;e Ma&s;ters of Rea&s;on &s;hould come to the mo&s;t plain and ignorant man in the world, (who is <HI>compos mentis)</HI> and tell him, he would in&s;truct and teach him the mo&s;t excellent dictate of Rea&s;on in the world, <HI>viz. That there is one God infinitely good, who is to be wor&s;hiped and &s;erved by man; And that this God requires of every man, that in that &s;tate where|in he hath made him, he would not willingly do that to another, which he would not have done to him&s;elf:</HI> would not this poor ignorant man deride this Ma&s;ter of Rea&s;on, and tell him, he knew this, as well as him&s;elf? But &s;uppo&s;e he &s;hould be &s;o impudent as to deny this; &s;ince <HI>Grotius</HI> is not in ca&s;e, I would de&s;ire Mr. <HI>Hobbs</HI> to prove it, or give a right rea&s;on thereof, and learn this man his Dictate of Right rea&s;on.</P>
<P>Well, but let us &s;ee whether this Canting thing be worth the name of a Definition. <HI>Omnis definitio; e&s;t exclu&s;io aequivoci.</HI> If the Law of Nature be the Dictate of Right rea&s;on, then does the Law of Nature exclude every thing el&s;e from being the Dictate of Right rea&s;on, or this cannot be the de|finition of it: I would know now of Mr. <HI>Hobbs;</HI> whether all Arts and Sciences, and Prudent actions, be the Laws of Nature, or not? If they be the Laws
<PB REF="14"> of Nature, then is every In&s;cientifical and Imprudent man, an Unju&s;t man. If they be not the Laws of Nature, and &s;o not the Dictates of Right rea&s;on, then let Mr. <HI>Hobbs</HI> &s;hew what el&s;e does dictate them. Nor is Mr. <HI>Hobbs</HI> le&s;s happy in defining a <HI>Pact,</HI> upon which he grounds his <HI>Civitas.</HI> It is ju&s;t therefore that this man, who <HI>(Cap.</HI> 18. <HI>Art.</HI> 4.) makes all Science to be from Definitions only, or Subjects without Predi|cates, (without which it is impo&s;sible there can be a Propo&s;ition) and all Science to be from the me|mory (which is common to all Bea&s;ts, as well as <HI>Mr. Hobbs;</HI> for &s;o the <HI>Oxe knows his owner, and the A&s;s his ma&s;ters crib,</HI> it being only retained in the memory) excluding the Under&s;tanding, &s;hould &s;o ra&s;hly de|fine things, and under&s;tand them no better.</P>
<P><HI>To believe there is a God to be wor&s;hiped and &s;erved; and that no man &s;hould wilfully, in that &s;tate and con|dition wherein God hath made him, do that to an|other, which he would not have done to him&s;elf;</HI> is that Law which God hath engraven in the mindes of all mortal men, wi&s;e and unwi&s;e, learned and igno|rant, noble and ignoble, in their wits, and is the foun|dation and ba&s;is of all Humane &s;ociety: And this is that fir&s;t and univer&s;al cau&s;e, from which all moral virtues (the dictates of Right rea&s;on from this cau&s;e) do more genuinely and naturally flow, then any Propo&s;ition in Geometry does from the Axiomes or Principles of it: For what man is there in this world, of what e&s;tate and condition &s;oever, but de&s;ires not to be wronged and injured? Let not him then in that &s;tate, wilfully wrong or injure any other of what e&s;tate &s;oever. If he be a Subject, and de&s;ires to
<PB REF="14"> be protected in his life and fortune, by the Laws of his Country, from the violence and oppre&s;sion of other men; let not him abu&s;e or violate the Laws of his Country, to the wrong or oppre&s;sion of another. If he de&s;ires every man &s;hould keep promi&s;e, and do ju&s;tly by him; let not him break his word, and deal unju&s;tly with another. Is he a King? he would not willingly be di&s;&s;ei&s;ed or oppre&s;&s;ed by another; let him not therefore di&s;&s;ei&s;e or inju&s;tly oppre&s;s another. Does any King de&s;ire not to be invaded or oppre&s;&s;ed by his Subjects? let not him therefore oppre&s;s his Subjects. If he had been a Subject, he would have de&s;ired protection from his Prince, by an equal and moderate di&s;tribution of known Laws; let him there|fore equally moderately govern his Subjects by known Laws. And from this Law did always men de&s;ire, though ignorant of the manner, to wor&s;hip and &s;erve GOD, although they mi&s;placed the Deity in the <HI>Sun, Moon,</HI> an <HI>Oak, Apollo, Jupiter,</HI> &amp;c. And this is that Law which &s;hall judge and condemn the immoral actions and vices of men in all Ages, e&s;pe|cially in this latter Age, becau&s;e they &s;inned again&s;t the Light or Law of Nature, engraven in the minds of all men.</P>
<P>Now whether the&s;e men being Chri&s;tians in name, yet having ca&s;t off all Chri&s;tian &s;ociety, and not being of any Chri&s;tian church or religion that I ever heard of, &s;hould not be content here; but (al|though they &s;carce agree in any thing el&s;e) proceed &s;o far as to make the Laws of God &s;ubject and de|pending upon the rea&s;ons and phanta&s;ies of men; and not to tell them where their rea&s;ons &s;hall begin,
<PB REF="15"> if not at the Laws of God, but every man left to go a whoring after his own inventions? For what can then re&s;train man, where his Rea&s;on is become &s;upe|rior to the Laws of God? and to make all humane &s;ociety to have its origination from the pacts and wills of men; have not been as great enemies not only to Chri&s;tian religion, but al&s;o to all humane &s;ociety, as the malice of the Devil could invent, let any &s;ober unbia&s;&s;ed man judge? or if all the confu|&s;ions and di&s;tractions in Chri&s;tendom (to the &s;hame and &s;candal of Chri&s;tianity) have not had their ori|gination from this pretence? Nor hath this &s;en&s;le&s;s re&s;olution of all things into Rea&s;on, ended only in the di&s;tractions of State, but al&s;o been the fir&s;t &s;ource and fountain from whence all the&s;e di&s;tractions and confu&s;ions in the Church have ari&s;en, without any po&s;sible hope of ever reconciling them, where the&s;e principles are continued. Hence it is, that the venera|ble and highe&s;t Authority of the &s;acred Scriptures, are become the &s;ubject of all Tavern-di&s;cour&s;es; and every man that &s;carce under&s;tands any rea&s;on, mu&s;t (for&s;ooth) have a rea&s;on given him, why the Scri|ptures are the Word of God. And yet in all other Authorities what&s;oever, men will deride the folly of others, who go about to prove them by Rea&s;on; for Rea&s;on is begotten alwaies from Authorities and Principles, and therefore cannot Authorities and Principles be begotten from Rea&s;on.</P>
<P>I have been often almo&s;t a&s;toni&s;hed to con&s;ider, how &s;uch &s;en&s;le&s;s, bla&s;phemous, and ridiculous things &s;hould meerly from the authority of the A&s;&s;ertors be impo&s;ed upon, and received by the world without
<PB REF="15"> contradiction; whereas narrowly looked into, one would &s;carce believe the Authors had ever under&s;tood Logick, or one leaf in <HI>Ari&s;totle.</HI> And for my part, if I could not ultimately re&s;olve the Dictates of my Rea&s;on as a Chri&s;tian, into plain places of Scripture, &s;o well as any Geometrician could any Propo&s;ition of Geometry into the Principles of <HI>Euclids</HI> Elements; I would be content to let them wander for ever without any termination, rather then admit them (the Scri|ptures) to be a creature of a creature, and the &s;ubject of every wild phanta&s;tical conceit and opinion. And if I could not ultimately re&s;olve the rea&s;on of all my moral actions as a man, into the Law of Nature which God has engraven in mens minds, and not into the wills of men; I would be content to conclude with <HI>Carneades,</HI> that men have at divers times e&s;ta|bli&s;hed &s;everal Laws for manners, and by them have been often altered, but that there is no &s;uch thing as the Law of Nature; and that all men, as well as other creatures, are naturally carried to their profits: And &s;o there is no &s;uch thing as Ju&s;tice; or if there were, it were the greate&s;t folly, becau&s;e men by endeavor|ing the good of others, prejudice them&s;elves.</P>
<P>Since the <HI>Grecians</HI> and <HI>Romans</HI> were the fir&s;t, who in the world did make all power to be from the People; I &s;uppo&s;e that Mr. <HI>Hobbs</HI> and <HI>Grotius</HI> took their Principles from them. Let us &s;ee whether by the People they under&s;tand the &s;ame thing with the <HI>Romans</HI> and <HI>Grecians,</HI> or the &s;ame thing with one another. By the People of <HI>Rome,</HI> or <HI>Athens,</HI> the <HI>Romans</HI> and <HI>Athenians</HI> under&s;tood them, and them only, who were <HI>civitate donati,</HI> and not men born
<PB REF="16"> in a promi&s;cuous rout and parity, without all order and &s;ubordination; but made &s;o by violent u&s;urpa|tion. By the People, Mr. <HI>Hobbs</HI> under&s;tands the King or Court governing. By the People, <HI>Grotius</HI> every where (I believe, for he no where that I can find, defines the People) under&s;tands the Subjects governed, and they who in a parity or equal condition con&s;tituted the <HI>Civitas.</HI></P>
<P>Upon the&s;e and many other con&s;iderations and ob&s;ervations upon them, I was &s;o far from being convinc'd, that I became much more firmly e&s;tabli|&s;hed then before in my Judgment, (for Opinion I will not have of tho&s;e things, wherein I am po&s;&s;e&s;t of the con&s;tant practice of the world in all ages &amp; places; the plain, undubitable, and uncontrolled places of Scripture both in the Old and New Te&s;tament, and no colour of allegation again&s;t them from any other places; the Authority of the highe&s;t Philo&s;opher; my Country-Laws; and all tho&s;e The&s;es and Axi|omes upon which almo&s;t all Rea&s;on and Philo&s;ophy are grounded; and the&s;e things oppo&s;ed by &s;uch mon&s;trous, feigned, equivocal and &s;illy beggings of the que&s;tion, which no man, not blinded with facti|on, or &s;tupid ignorance, can grant) yet had not the&s;e Ob&s;ervations become publique, if it had not been upon an odd occa&s;ion, which was:</P>
<P>Upon a time being with a Brother-in-law, a Kin&s;man of mine (at dinner) came to my Bro|thers; where, in di&s;cour&s;e, he asked me if I had &s;een a Book of <HI>Tho. Whites,</HI> called <HI>The Grounds of Obedi|ence and Government?</HI> I an&s;wered no, nor did I de|&s;ire to &s;ee any thing of his doing, having conceived a
<PB REF="16"> prejudice of the Mans ability and ingenuity. He confidently replied, that I &s;hould be convinced, if I did but read it, and that he would &s;end me the book. Yet was I &s;o far from accepting his courte&s;ie, that I importunately de&s;ired him not to do it: But he not|with&s;tanding all importunity, on purpo&s;e &s;ent his man with it that night to me, being at that time much afflicted with my wonted Melancholy, which became more excited when I had read &s;ome part of it: And &s;eeing a thing &s;o &s;en&s;le&s;s and void of all humanity, to be impo&s;ed upon the world, (which que&s;tionle&s;s was intended to prefer &s;ome Faction or Intere&s;t of his;) and yet for&s;ooth he tells us, it is a &s;econd Edition cor|rected and amended by the Author; (where&s;oever therefore I name our <HI>Author,</HI> I mean <HI>Tho. White</HI> Gent.) I did in dete&s;tation of the Thing (not of the Man, for I never &s;aw him in all my life) &s;et my &s;elf to make the&s;e Ob&s;ervations upon it.</P>
<P>He harps upon the &s;ame &s;tring with Mr. <HI>Hobbs</HI> and <HI>Grotius,</HI> That <HI>all Supreme Power is originally cre|ated by Mens wills &s;ubject to it:</HI> Yet being a fine Gentleman <HI>in quirpo,</HI> he dances a Galliard by him&s;elf, and mo&s;t &s;en&s;ele&s;ly makes men out of &s;ociety to be a Rational multitude, and to have Property before they had Laws or Government, and to be a People after they had given up their power to another to govern them. But le&s;t it &s;hould be objected, that though our <HI>Author</HI> be hood-winked, yet Mr. <HI>Hobbs</HI> and <HI>Grotius</HI> might be very clear-&s;ighted and bare|faced, I thought it not ami&s;s to make the&s;e Ob&s;erva|tions upon them al&s;o. As a Preparative to a Purge, I pray <HI>(Reader)</HI> take the&s;e few Notes.</P>
<P N="1"><PB REF="17"> 1. Fir&s;t I &s;ay, they fal&s;ly derive Government: For though they all differ in the manner of it, yet is all Government &s;o far from being &s;o derived as any of them would have it, in the fir&s;t In&s;titution, that if any of them can &s;hew any one Government &s;o derived &s;ince the beginning of the world, I will yeeld the cau&s;e.</P>
<P N="2">2. They feign that for a Principle, which never was, <HI>viz. That men by nature are in a parity or equal condition:</HI> For never were men &s;ince the Creation, in any age or place of the world, in &s;uch a condition. But &s;uppo&s;e &s;omewhere in the world it might have been found, that men in a like condition did by their acts and wills form them&s;elves into a Society; yet is it a mo&s;t unrea&s;onable thing to conclude from thence, that all power in Government is from the People: For, Singulars are deduced and concluded from Univer&s;als; not Univer&s;als by Singulars.</P>
<P N="3">3. The Principle they beg, is de&s;tructive to all good manners; for, Ju&s;tice is the fountain of all humane Virtues and Morality, (as all Philo&s;ophers, and be&s;t, and wi&s;e&s;t men hold:) And if Ju&s;tice be the duty which men owe their Superiors, and that it may be truly and ultimately re&s;olved into the fir&s;t cau&s;e, without any detriment or damage to it; and if all order, &s;uperiority, and power in Government may truly and ultimately be re&s;olved into the People, or the wills of the Subjects, or Party governed; then the wills of the Subjects being the fountain and fir&s;t cau&s;e of all Order and Ju&s;tice, that is Ju&s;tice in the People, to do what they li&s;t; then which, nothing can be more de&s;tructive to all Virtue, Ju&s;tice, and Good manners.</P>
<P N="4"><PB REF="17"> 4. It is damnably de&s;tructive to Faith; for, <HI>All powers are of God,</HI> Rom. 13. and, <HI>No power can be given but from above,</HI> S. John 19. 11.</P>
<P>Nor were the&s;e Men, when they wrote their &s;e|veral Treati&s;es, <HI>De Cive, De Jure Belli &amp; Pacis,</HI> and <HI>Grounds of Obedience and Government;</HI> much better in their Religion (if I conceive a right Notion of Religion, <HI>viz.</HI> That it is <HI>Actus Divini cultus,</HI> or the Publick wor&s;hip and &s;ervice of God, in an unity, form and communion) then their Writings &s;hew them to be for Ju&s;tice and Government. For though our <HI>Author</HI> be a Pretender to be of the Religion of the Church of <HI>Rome;</HI> yet it would trouble the greate&s;t Critique of this Age to &s;hew where the Religion of either of the other were to be found. And who but &s;uch men as the&s;e, would pin their faith upon the tales and fictions of Poets, before the mo&s;t venerable and &s;acred Authority of Holy Scripture? Nor can the elde&s;t of Poets writings be compared in antiquity with the Scriptures: For if it could,</P>
<Q><L>Cur &s;upra bellum Thebanum, &amp; funera Trojae,</L>
<L>Non alias, alii quoque res cecin&ecirc;re Poetae?</L></Q>
<P>And the <HI>Theban</HI> and <HI>Trojan</HI> War hapned after the Year of the World 2750. The <HI>Trojan</HI> War about the time that <HI>Jephthah</HI> judged <HI>I&s;rael;</HI> and the <HI>Thebani</HI> War in that Age, or the Age immediately before. See <HI>Helv.</HI> and Sir <HI>Walt. Raleigh Hi&s;t. World, lib.</HI> 2. <HI>cap.</HI> 13. <HI>&s;ect.</HI> 7.</P>
<P>For my part, if in wa&s;hing off the <HI>Fucus</HI> with which the&s;e men have ob&s;cured the true cau&s;es of all
<PB REF="18"> Society, and hath no colour of veri&s;imilitude in it, the truth of all Humane, Chri&s;tian, and Legal &s;ociety may more clearly appear from their natural and ge|nuine cau&s;es; I &s;hall then not think my time and pains utterly lo&s;t, which otherwi&s;e I &s;hould.</P>
<P>If it be objected, that I have tran&s;gre&s;&s;ed the bounds of Civility in the&s;e Ob&s;ervations upon Mr. <HI>White;</HI> and that &s;uch oppo&s;ing is rather like to in|crea&s;e differences, then reconcile them: I an&s;wer, that if Mr. <HI>White</HI> (or at lea&s;t to my under&s;tanding) had not propounded &s;ome ba&s;e Faction or Intere&s;t, and not any Good intentions, to have been his end by this Di&s;cour&s;e of the <HI>Grounds of Obedience and Government;</HI> Or if he would have been content to have made it his own ca&s;e only, I &s;hould have been content to have taken no notice of it. But &s;ince he is not only content to pro&s;titute all Virtue and Mo|rality in him&s;elf; and not &s;tay there, but make this publique, and all men who are not of his opinion, not to be <NOTE N="*" PLACE="marg"><HI>Gro.</HI> 16. end.</NOTE> worthy the name of <HI>Men;</HI> &s;ure it is rather to be expected he &s;hould be &s;everely reprehended, and his ab&s;urdities &s;o detected, that they may be avoided by other men, then to be hoped that ever he &s;hould be reclaimed from them.</P>
<P>Note, neither <HI>Grotius</HI> nor our <HI>Author</HI> make any Government, but only <HI>Monarchy,</HI> to be di&s;&s;olvible: For if the Supremacie be once ve&s;ted in a many-headed-Bea&s;t, be it <HI>Court</HI> or <HI>People,</HI> then are they &s;o &s;acred and inviolable, that neither of them have one word, in what cau&s;es they forfeit their Soveraign|ties. And though <HI>Grotius</HI> no where &s;o defines the <HI>People,</HI> as any man may under&s;tand any thing by it;
<PB REF="18"> yet &s;ure by the People they mean (if they mean any thing) the Subjects of any Prince or State. Suppo&s;e therefore that the People may di&s;&s;olve Government, as oft as they &s;ee occa&s;ion; yet if the People be <HI>&V;num quid,</HI> made up of all the individual Subjects of any Prince, then mu&s;t the depo&s;ing of any Prince, if it be the act of the People, be the act of every individual Subject; which is a thing never done, nor will be unto the end of the world. All <HI>Grotius,</HI> and our <HI>Authors</HI> Nece&s;sities and Rea&s;ons therefore for de|po&s;ing of Princes by the People, are meer Cantings, and invented only to nur&s;e up Factions in the World without end, until <HI>Monarchy</HI> or <HI>Regal power</HI> &s;hould be extirpated in all the World.</P>
<DIV2 TYPE="postscript">
<HEAD>Post&s;cript to the Reader.</HEAD>
<P>THe Edition of <HI>Bodin de Repub.</HI> cited in the&s;e <HI>Ob&s;ervations</HI> and <HI>Elements,</HI> is that which was printed at <HI>Lyons</HI> 1586. and afterwards &s;old at <HI>Paris.</HI></P>
<P>The Edition of <HI>Grotius de Jure Belli &amp; Pacis,</HI> here and hereafter cited, is that printed at <HI>Am&s;terdam</HI> by <HI>John</HI> and <HI>Cornelius Blaeu,</HI> 1642.</P>
<P>The Edition of Mr. <HI>Hobbs</HI> his Philo&s;ophical Elements <HI>de Cive,</HI> here and hereafter cited, is that printed at <HI>Am&s;terdam</HI> 1647. by <HI>L. Elzevirius</HI></P>
<P>The <HI>Grounds of Obedience and Government,</HI> by <HI>Tho. White</HI> Gent. is the Second Edition corrected and amended by the Author, and printed by <HI>J. Fle&s;her,</HI> 1655.</P>
<P><HI>Reader,</HI> I confe&s;s I have not always cited our Author <HI>Tho. White</HI> Gent. in his very words; but if I have wronged him in the Sen&s;e, (there being &s;o very little in the whole Treati&s;e) I acknowledge it a crime unpardon|able.</P>
<P><HI>Generatio Animalium</HI> cited, is that printed at <HI>Am&s;terdam</HI> by <HI>Lewis Elze|virius,</HI> 1651.</P>
</DIV2>
<PB REF="19">
</DIV1>
<DIV1 TYPE="introduction">
<PB N="1" REF="19">
<HEAD>By what means Men attain Arts and Sciences.</HEAD>
<P N="1">1. <HI>_NIhil e&s;t in intellectu, quod non prius fuerit in &s;en&s;u,</HI> &s;aies the <NOTE PLACE="marg">Of Humane rea&s;on, and the manner of acquiring Knowledge from <HI>Ari&s;totle;</HI> and Doctor <HI>Harvies</HI> opi|nion.</NOTE> highe&s;t Philo&s;opher, <HI>Anal. Po&s;t.</HI> 2. Since only Man is a rea&s;onable Creature, and can by his rea&s;on attain to Knowledge, it will not be a &s;uperfluous undertaking, to endeavor to &s;hew by what means Men attain to Know|ledge; and what Rea&s;on is: And &s;ince that mo&s;t excel|lent Philo&s;opher Doctor <HI>William Harvey</HI> hath taken &s;o much pains, and more &s;ubtilly and accurately di&s;puted the manner and <NOTE PLACE="marg">Pref. Gen. Anim.</NOTE> order of attaining Knowledge then any Man before him, wee will take him in our way. He &s;aies there is no Knowledge innate in us from the opinion of <HI>Ari&s;totle,</HI> &amp;c. In the next Paragraph he &s;aies, but from whence, and how <NOTE PLACE="marg"><HI>Page.</HI> 25.</NOTE> this Knowledge comes to us. I do not think it will be unprofitable here to &s;et down, as well, to the more perfect under&s;tanding of the generation of living Creatures, as al&s;o for the removing the doubt, which any Man might have deduced from the opinion of <HI>Ari&s;totle,</HI> for he affirms that all learning <NOTE PLACE="marg"><HI>Analyt. Po&s;t. Lib.</HI> 1. <HI>tit.</HI> 1.</NOTE> and mental di&s;cipline is made from antecedent Knowledge; from whence it may &s;eem to follow, either we have no Knowledge, or that it is born with us, which is di&s;&s;entaneous to what was before.</P>
<P N="2">2. This doubt is afterwards loo&s;ed by <HI>Ari&s;totle</HI> him&s;elf, where he teaches <NOTE PLACE="marg">16. <HI>Lib.</HI> 2. <HI>cap. ult.</HI></NOTE> how Knowledge may be acquired; for after he had taught that all certain Knowledge is to be had from a &s;yllogi&s;me and demon&s;tration, and had <NOTE PLACE="marg">By the opi|nion of <HI>Ari&s;to|tle.</HI></NOTE> made manife&s;t, that every demon&s;trative &s;yllogi&s;me is made up of prime and nece&s;&s;ary principles, at length he enquireth; <HI>Quomodo principia nota fiant, &amp; quis &s;it notificans habitus,</HI> inquirit; &s;imul etiam, <HI>utrum habitus, cum non in&s;int, ingenerentur; an, cum ine&s;&s;ent, laterent? Non habemus</HI> (inquit) <HI>eos habitus; accidit enim ut eos qui habent cognitiones exqui&s;itiores demonstratione, lateant. Si vero eos accipimus, cum antea non haberemus, quomodo notum fa|ceremus, &amp; di&s;ceremus ex non antecedente cognitione? Per&s;picuum igitur e&s;t, neque haberi, nec in ignorantibus, ac nullo habitu praeditis gigni po&s;&s;e. Quare nece&s;&s;e e&s;t, facultatem quandam haberi, non tamen talem, quae his praestantior &s;it, tanquam exqui&s;itior. Videtur autem hoc ine&s;&s;e omnibus animalibus: habent enim vim congenitam judicativam, quam appellant &s;en&s;um. Cum autem &s;en&s;us in&s;it; in aliis animalibus, res &s;en&s;u percepta manet, in aliis, non manet. In quibus igitur non manet; haec aut omnino, aut corum quae non manent, cognitionem non habent, extra</HI> <GAP DESC="foreign"> <HI>&s;entire: alia vero cum &s;entiunt, unum quid in anima retinent. Cum autem multa animalia huju&s;modi &s;int, jam e&s;t di&s;crimen quoddam;</HI>
<PB N="2" REF="20"> <HI>adeo ut in aliis ratio fiat ex huju&s;modi rerum memoria; in aliis, non fiat. Ex &s;en&s;u igitur fit memoria, quemadmodum dicimus: ex memoria vero &s;aepe eju&s;dem rei facta, fit experientia. (multae enim numero memoriae, &s;unt una experien|tia.) At vero ex experientia, &s;ive ex omni &amp; univer&s;ali quie&s;cente in anima (nimirum uno praeter multa, quod in omnibus illis ine&s;t unum &amp; idem) fit principium artis, &amp; &s;cientiae: artis &s;i pertineat ad generationem; (viz. agenda, vel efficienda;) &s;cientiae, &s;i pertineat ad id quod e&s;t (viz. cognitionem entis.) Itaque, nec in&s;unt definiti habitus; nec fiunt ex aliis habitibus notioribus, &s;ed ex &s;en&s;u.</HI></P>
<P N="3">3. From which words of <HI>Aristotle</HI> it is cleerly manife&s;t, by what order <NOTE PLACE="marg">By the opi|nion of Dr. <HI>Harvey.</HI></NOTE> the Knowledge of every Art or Science is acquired, <HI>viz.</HI> from the &s;en&s;e the thing perceived remains &s;till: from the permanency of the thing perceived, comes the memory: from the memory multiplied, experience: from experience, <HI>ratio univer&s;alis, definitiones, &amp; maxima &s;ive axiomata communia, cognitionis certi&s;sima principia ex gr. Idem eidem, &s;ecundum idem, e&s;&s;e, &amp; non e&s;&s;e, impo&s;si|bile. Omnis affirmatio, vel negatio, aut vera e&s;t, aut fal&s;a; &amp; huju&s;modi alia.</HI></P>
<P>Wherefore as we &s;aid before, there is no perfect Knowledge, which may be called ours, which is within us; unle&s;s by &s;ome means it does proceed from experiment made by us, and our &s;en&s;e; or at lea&s;t, by the&s;e examined, proved, and firmly builded, it may appear above any pre-ex|i&s;tent Knowledge in us. Becau&s;e without memory there can be no experi|ence, which is nothing el&s;e but multiplied memory: in like manner me|mory cannot be, without permanence of the thing perceived: and the thing perceived cannot remain in what it never was, &amp;c.</P>
<P N="4">4. But <HI>multi multa, nemo omnia vidit.</HI> I do not think that all light of under&s;tanding was &s;o &s;hut up in <HI>Ari&s;totles</HI> braine, that all things pronounced <NOTE PLACE="marg">Apology.</NOTE> by him, are to be taken for granted Principles; yet do I entertain &s;o vene|rable an opinion of <HI>Ari&s;totle,</HI> that I do admire him, as the mo&s;t eminent of all men, in all humane learning, among the Ancients; and not to be paralleld by any of the Moderns: but <HI>inventis addere,</HI> is one of the chiefe&s;t ends of Mans being; and there are yet, and &s;o will be until the end of the World, many things received for truth, which upon more &s;earch will be found but veri&s;imilitudes; and infinite things hidden from our Forefathers, which will be infinitely found out by the pre&s;ent and &s;ub&s;e|quent generation; that the Infinity of God may appear, as well to the pre&s;ent and &s;ub&s;equent age, as to the antecedent, in all his works.</P>
<P N="5">5. Well then, <HI>Ari&s;totle</HI> &s;aies, and the Doctor &s;ub&s;cribes to it, that <NOTE PLACE="marg">All things were nor in the &s;en&s;es, before they are in the under|&s;tanding, ac|cording to the opinion of <HI>Ari&s;totle,</HI> and the Doctor.</NOTE> <HI>Nihil e&s;t intellectu, quod non prius fuerit in &s;en&s;u.</HI> I deny that there is nothing in the under&s;tanding, which was not fir&s;t in the &s;en&s;es: for there are many things intelligible, which are not &s;en&s;ible; as time does, every article of it, intelligibly pa&s;s away, not &s;en&s;ibly. I under&s;tand that the centre of a circle, is a point; and that a point, by the definition of it, <HI>e&s;t cujus nulla pars e&s;t;</HI> it cannot therefore according to the true definition of it, be &s;o expre&s;&s;ed, as to be the object of &s;en&s;e. So a right line is <HI>longitudo, latitudinis expers;</HI> but neither a right line nor a point can be truly repre&s;ented to the &s;en&s;e, according to the truth of them, as they ari&s;e in the under&s;tanding; and &s;o two right, or &s;uppo&s;ed right lines, which are not parallel, cannot be infinitely produced according to &s;en&s;e, but they will cut one another; but intelligibly they may; for no Man can under&s;tand &s;o &s;mall a quantity of di&s;tance, before the inter&s;ection, but I can under|&s;tand
<PB N="3" REF="20"> a &s;maller, and another &s;maller then that, and &s;o <HI>ad infinitum;</HI> and &s;o <HI>Quantitas divi&s;ibilis e&s;t in &s;emper divi&s;ibila, &amp; pote&s;t infinit&egrave; augeri, &amp; minui;</HI> but this is only intelligibly, it cannot be actually or &s;en&s;ibly done; and &s;o the <HI>contactus</HI> of a right line with a circle, is a point in the under&s;tanding, and not &s;en&s;ibly; and &s;o is the touching of two circles, either within one another, or without. Nay, neither Art, Science, nor any rational pro|duction what&s;oever <HI>a priori,</HI> but mu&s;t nece&s;&s;arily be in the under&s;tanding before it can be in the &s;en&s;es. I under&s;tand Animal to comprehend not only the Creatures I have &s;een, but all tho&s;e which are, were, or ever &s;hall be; and &s;o I under&s;tand things equal to a third thing, are equal to one another; yet nor I, nor any Man el&s;e ever &s;aw two things equal to a third; and the whole body of Geometry is of all Sciences mo&s;t intelligible, and yet ab|&s;tracted from all &s;en&s;ible matter.</P>
<P N="6">6. If it be true that both <HI>Ari&s;totle</HI> and the Doctor affirm, that all <NOTE PLACE="marg">No Art or Science ari&s;es from the Sen|&s;es and me|mory.</NOTE> Art and Science is acquired from the receiving a thing into the &s;en&s;es, and that from the permanence of the thing in the &s;en&s;e the memory is made; and from the multiplication of the memory, Experience; and from Expe|rience, the Principles of all Art and Science, and that it be true which <HI>Ari&s;totle</HI> &s;aies, to which the Doctor &s;ub&s;cribes, <HI>Fit ex memori&acirc;, experientia hominibus: multae etenim eju&s;dem res memoriae, unius experientiae vim efficiunt.</HI> <NOTE PLACE="marg"><HI>Meta. l.</HI> 1. <HI>c.</HI> 1.</NOTE> <HI>Quare experientia pene &s;imile quid &s;cientiae ac arti e&s;&s;e videtur;</HI> then does it mo&s;t evidently and per&s;picuou&s;ly follow, that he that can longe&s;t retain things in his &s;en&s;e, that is, hath the be&s;t memory, is the mo&s;t &s;cientifical, and mo&s;t artificial Man: whereas we daily &s;ee that the Man that hath the greate&s;t memory, is u&s;ually a very blockhead, and that he remembers almo&s;t all the things which are done and &s;aid, yet cannot tell from what cau&s;e they did proceed, but only remembers the things. Nor will that which the Doctor &s;aies, <HI>Quippe &s;ine memoria, nulla fit experientia,</HI> mend the matter: for as I do deny any Art or Science can proceed from the &s;en&s;e, memory and ex|perience; &s;o do I not affirm that without the memory, any Art or Science can be made. I &s;ay no Art nor Science can ari&s;e from the apprehen&s;ion of &s;ingulars into the &s;en&s;e, and retaining of them there, and from expe|riment only. For Arts, and Sciences, are not things meerly apprehended, and received into the &s;en&s;e, and &s;o retained in memory, but &s;omething el&s;e which is truly and rightly derived from tho&s;e things, which are univer|&s;ally true, and never before known to the &s;en&s;es, or remembred.</P>
<P N="7">7. And as all the particular &s;tories and things in the world retained <NOTE PLACE="marg">Nor from the under&s;tand|ing without the memory and &s;en&s;es</NOTE> in the memory, cannot move one &s;tep to the attaining of any Art or Science; &s;o cannot the apprehen&s;ion of univer&s;al cau&s;es in the under&s;tanding, of them|&s;elves produce any thing in order to the attaining of any Art or Science. For univer&s;al cau&s;es in nature prove nothing; but as meeting particular cau&s;es, do determine tho&s;e, and &s;pecifie their Acts. The truth of both the&s;e is ea&s;ily and daily &s;een in Men, who are very dull, and yet of va&s;t memories; who remember all things, but can &s;carcely be ever made to di&s;cour&s;e of, and under&s;tand any thing; and of Men that are too light, and phanta&s;tical, who only talke generally, without applying the&s;e generals to any particular. The one is like a Ship, which is overladen with Balla&s;t, and not having Sailes proportionable, can &s;carcely be made to &s;aile with any winde: the other is like a Ship which hath no Balla&s;t, and &s;o much &s;aile, that &s;he is never in any &s;teadine&s;s, but carried hither and thither upon every &s;mall puff of
<PB N="4" REF="21"> winde, the one will upon any di&s;cour&s;e or ratiocination, be &s;till ab&s;urdly telling particular &s;tories, which he in his defect of under&s;tanding, &s;uppo&s;es &s;hould be the univer&s;al and prime rea&s;on of the di&s;cour&s;e: whereas the other from the lightne&s;s of his phanta&s;ie, and defect of memory; never applies his general notion, to any particular thing, and &s;o concludes nothing.</P>
<P N="8">8. Whereas <HI>Ari&s;totle</HI> and the Doctor affirm, <HI>that experiment proceeds</HI> <NOTE PLACE="marg">Axiomes and Principles do not proceed from experi|ment,</NOTE> <HI>from many memories, or memory multiplied, and that</HI> ratio univer&s;alis, definitiones, &amp;c. <HI>proceed from experiment.</HI> A Man may ju&s;tly deny it, for it is not many things, or multiplied things, which can make <HI>ratio univer&s;alis;</HI> but <HI>ratio univer&s;alis, axioma,</HI> &amp;c. is that which does not &s;ignify many things only, but every thing which is comprehended in the terms; and it is impo&s;&s;i|ble that any Man &s;hould make experiment of all things, which are compre|hended under one general Notion.</P>
<P N="9">9. <HI>Ari&s;totle</HI> &s;aies, <HI>Per experientiam ars, &amp; &s;cientia hominibus efficitur,</HI> <NOTE PLACE="marg">Nor Art and Sciences. <HI>Met. lib.</HI> 1. <HI>c.</HI> 1. <HI>an finem.</HI></NOTE> <HI>Experientia enim (ut recte ait Polus</HI> <NOTE N="b" PLACE="marg">Apud Plat. in Gorgia.</NOTE>) <HI>artem efficit, imperitia vero ca&s;um,</HI> to which the Doctor &s;ub&s;cribes, and &s;aies, <HI>there can be no prudent or truly knowing Man, which by his proper experiment, hath not throughly under|stood a thing to be &s;o.</HI> If this were univer&s;ally true, then could no wi&s;e or prudent Man under&s;tand throughly any Law which forbids Theft or Murder upon the penalty of hanging; unle&s;s he &s;hould &s;teale and commit Murder, and &s;o be hanged for his pains: and for my part I will rather be|leeve that if a Man puts his finger into the fire he will burn it; and that if he be long over head and ears in the water, he will drown him&s;elf, then make experiment thereby to be accounted a wi&s;e and prudent Man. After|wards he &s;aies, <HI>From hence it is (viz.</HI> for want of experience) <HI>many pre|tenders</HI> <NOTE PLACE="marg"><HI>Page.</HI> 30.</NOTE> <HI>to knowledge, and Sophi&s;ters cropping of the inventions of other Men, the &s;ame things every where (the order only, and words changed, and a few things of &s;mall moment added) do confidently challenge for their own; and render Philo&s;ophy, which ought to be certain and per&s;picu|ons) ob&s;cure, intricate, and confu&s;ed.</HI> It is true, that in all argumentation <HI>a posteriori, viz.</HI> from the effect to endeavor to find out the cau&s;e, there can be no direction without experiment; and therefore it is a very difficult, if not an impo&s;&s;ible thing, that any Art, or Science, can be made from any conclu&s;ions in Philo&s;ophy which are drawn <HI>a po&s;teriori,</HI> which at the be&s;t cannot ari&s;e to higher then probable, and opinonative, and can never be cer|tain and per&s;picuous. And though the Doctor from his great parts and ex|periment in Anatomy, hath probably found out things never before re|ceived; yet cannot any of tho&s;e conclu&s;ions ever attain to demon&s;trative certain and per&s;picuous conclu&s;ions: yet it does not hold true in argumentati|on <HI>a priori,</HI> that all things are known by experiment; but that infinite things are known and under&s;tood, which are ab&s;tracted from matter and expe|riment, and are ea&s;ily under&s;tood by any Man without experiment.</P>
<P N="10">10. Nor is it true univer&s;ally, <HI>that there is no knowledge innate in Man;</HI> for the Laws of Nature are innate and connatural with Man; and <NOTE PLACE="marg">Man is not naturally without all Knowledge.</NOTE> not acquired either by &s;en&s;e, experiment, or any thing el&s;e.</P>
<P N="11">11. As I have &s;aid before, &s;o do I &s;ay again, that there is no Age that hath not received many things for truths, which the next generation upon <NOTE PLACE="marg">The manner and order of attaining to Knowledge, is a &s;ubtil di&s;|qui&s;ition.</NOTE> further inquiry, and looking into them, have found to be but veri&s;imili|tudes: and that from things found out, infinite productions will be made as long as the world indures: and as it is not fairplay to carp at anothers opinion
<PB N="5" REF="21"> and not to &s;et down his own, and give a rea&s;on for it. So will it be meer levity to conte&s;t with another, if not upon &s;uperior Grounds; and he that &s;hall conte&s;t with &s;o great a Philo&s;opher, as <HI>Ari&s;totle,</HI> in a thing &s;o long received, and uncontroverted, had need take great heed, and have his wits about him, lea&s;t in&s;tead of evicting his adver&s;ary, he only acquires the repute of a light and fooli&s;h Man; But lea&s;t we &s;hould skip &s;hort for want of taking our run far enough back, we will begin at the beginning of all things.</P>
<P N="12">12. As I am a Chri&s;tian, and therefore by the Fir&s;t <HI>Chap. Gen.</HI> ought <NOTE PLACE="marg">There is but one fir&s;t En|tity, and that is God.</NOTE> <HI>to beleeve, that God made Heaven and Earth, Man and all other Creatures;</HI> &s;o if I had not received Gods divine revelation of him&s;elf in the Scriptures, yet &s;hould I never have been a Peripatetick, or Ari&s;totelian, who held that not only the world, but the &s;pecies of all things in it, were from all eternity. For there was either one fir&s;t being, the true, prime, and efficient cau&s;e of all things el&s;e, or two, or more fir&s;t beings, or no fir&s;t being, but all things were originally from them&s;elves: but the two latter are mo&s;t manife&s;tly ab&s;urd and contrary to &s;en&s;e and rea&s;on; for <HI>unitas e&s;t, &s;ecundum quam unumquodque eorum, quae &s;unt, unum dicitur;</HI> but the fir&s;t is one thing, it is therefore impo&s;&s;ible there &s;hould be two fir&s;ts or more; nor is it le&s;s ab&s;urd to &s;uppo&s;e all things to have been from eternity, and &s;o not to have proceeded from one &s;uperior being, but had their being from them&s;elves; for if all things had from all eternity a power and being of them&s;elves, then might they have infinitely continued their being in their individuals; and we &s;ee that every thing does naturally de&s;ire the pre&s;ervation of its &s;elf; but this is mo&s;t manife&s;tly fal&s;e, for we &s;ee all things are in their individuals re&s;oluble into their fir&s;t compo&s;ition, and perpetuated by generation in their &s;pecies; there is therefore but one fir&s;t being of all things (except &s;in, which is contrary to the nature and e&s;&s;ence of God, who is all good) which is God.</P>
<P N="13">13. All things were either originally generated of their like, or from them&s;elves, or created by God. But nothing could generate any thing like <NOTE PLACE="marg">God in the beginning created all things.</NOTE> it &s;elf before it was; and by the precedent propo&s;ition, no Creature could have its original being from its &s;elf. All things therefore in the beginning were created by God, and are his Creatures.</P>
<P N="14">14. It is true, that the Scriptures do not ob&s;erve an exact method in rela|ting <NOTE PLACE="marg">Man was created in his perfection, and an intelli|gible, and rational crea|ture actually.</NOTE> all actions according as they were done in time; but it is very probable that <HI>Adam</HI> at his fir&s;t Creation gave names to all Creatures, <HI>Gen.</HI> 2. 20. But whether it were at <HI>Adams</HI> fir&s;t Creation or not, yet could not <HI>Adams</HI> &s;peech and defining all Gods Creatures, be from any acquired habit, becau&s;e there was no Creature with whom he might conver&s;e and beget this habit, <HI>(Eve</HI> not being then made) nor did <HI>Adam</HI> only give names to Creatures, but did di&s;|cour&s;e Rationally, and give the Etymology of Woman, when he fir&s;t &s;aw her. <NOTE PLACE="marg"><HI>Gen.</HI> 2. 23. 24.</NOTE> Man therefore was created an intelligible and Rational Creature, actually.</P>
<P N="15">15. Although Man were created a mo&s;t perfect, Rational, and In|telligible <NOTE PLACE="marg">Man of all creatures is born the mo&s;t impo|tent.</NOTE> Creature; yet we &s;ee, that he is not only born actually void of under&s;tanding and rea&s;on; but al&s;o the mo&s;t impotent of all Creatures. For all viviparal Creatures (although born blind privi|tively) yet in their very fir&s;t production find a way to their dams papps from whence they &s;uck and receive nouri&s;hment; whereas Man of a long time after his birth (&s;o long time, that many other Creatures in le&s;s time attain to their perfection) is unable to receive any nouri&s;hment, but as he is directed by others. And all oviparal Creatures without any help,
<PB N="6" REF="22"> receive that food which their Parents bring them; and all Creatures which are generated <HI>per metamorpho&s;in,</HI> are at their fir&s;t being as perfect as ever after.</P>
<P N="16">16. I under&s;tand by <HI>Animalia perfectiora,</HI> or more perfect Creatures, <NOTE PLACE="marg">Wherein Man and other more perfect creatures do re&s;emble one another.</NOTE> tho&s;e who are generated and produced from univocal generation or pro|duction, that is, from the coition of male and female of the &s;ame &s;pecies. Man, and all more perfect creatures, are born with all the five &s;en&s;es of Hearing, Seeing, Smelling, Ta&s;ting, and Feeling; and al&s;o with Will, Memory, and Phanta&s;ie. And though by rea&s;on of Creatures natural im|potency, at their fir&s;t production, the&s;e three latter are not &s;o per&s;picuous, as to be perceived by them who do not carefully mind them; yet it is evi|dent enough to tho&s;e, who more narrowly ob&s;erve them: For there is no Creature, at their very fir&s;t production, which either of them&s;elves, or apted and di&s;po&s;ed to receive food, but do receive it, (if it hath no natural defect or &s;ickne&s;s) which it could not do without Will: And all Creatures know, and can di&s;tingui&s;h the lowing, bleating, barking, and voice &amp;c. of their Dams, or tho&s;e that feed them, from others of the &s;ame kind; which could not be without Memory: And not only Children in their cradles will (excited by others) laugh and be plea&s;ant, but al&s;o of them&s;elves will many times expre&s;s much plea&s;ure in their faces; but al&s;o Lambs, Colts, Calves, &amp;c. will be playing with one another, all which no doubt proceeds from &s;ome plea&s;ure which they fancie. They have moreover at their fir&s;t being, the pa&s;&s;ions of Love, Fear, Hate, &amp;c. which is &s;o evidently &s;een in all Creatures, that there needs no example. And truly I think it very probable, that it is from Fear, that every Child cries, upon his being born, apprehending danger from tho&s;e various new things it never &s;aw before.</P>
<P N="17">17. Although other Creatures have in their fir&s;t being, as well as <NOTE PLACE="marg">Wherein Man is different from other creatures, and more excel|lent.</NOTE> Man, all tho&s;e Sen&s;es that Man hath, and have moreover Will, Phanta&s;ie, and Memory; yet are their actions determined by their objects, when they are not overruled by fear; nor in proce&s;s of time do they ever attain to be intelligible or rational Creatures. It is worth the ob&s;ervation, that while Man does in &s;ome &s;ort attain to &s;peech, under&s;tanding, and rea&s;on, he can either not go, or el&s;e goes upon his hands and feet, with his face prone to the earth, as if there were no difference between him and other Creatures; whereas when he but begins to &s;peak, and can in any &s;ort ob&s;erve the com|mands of his Parents, he then begins to look up to Heaven as a more ex|cellent Creature, and that from thence he expects beatitude, and is to be thankful therefore. And though other Creatures have Phanta&s;ie as well as Men, yet cannot they phancie any object from their Sen&s;es &s;o intelligi|bly, as to define it to be &s;uch a thing in all the parts of it, excluding every thing el&s;e. Nor can they by the help of their Memory and Phan|ta&s;ie, ever draw one Conclu&s;ion from any thing they ever &s;aw, and phancied.</P>
<P N="18">18. <HI>E&s;tius</HI> in <HI>Di&s;tinct.</HI> 17. of the 3. Book of his <HI>Comment of the Sentences,</HI> <NOTE PLACE="marg">What is the Will, accord|ing to the Schools.</NOTE> <HI>p.</HI> 49. <HI>&s;ect.</HI> 2. acknowledgeth a twofold will in Chri&s;t according to humane nature; one rational, which is proper to man, conformable to the Under|&s;tanding; the other &s;en&s;ual, and is called Sen&s;uality, and common to all living creatures, conforming to the Sen&s;e. And although only the rational appetite be properly called the Will, yet &s;ometime the name of Will is
<PB N="7" REF="22"> attributed to the &s;en&s;ual appetite. As <HI>Joh.</HI> 1. &amp; <HI>Ephe&s;.</HI> 2. <HI>Voluntas carnis dominatur.</HI> And <HI>Pro&s;per</HI> in the fir&s;t book <HI>de voc. Gent. cap.</HI> 2. be&s;ides the rational will, acknowledgeth a &s;en&s;ual will: So writing: <HI>Sen&s;ualis voluntas, quam &amp; carnalem po&s;&s;umus dicere, non erigitur &s;upra eum motum, qui de corporis &s;en&s;ibus na&s;citur: qualis e&s;t in animis parvulorum, qui licet nullo judicio utan|tur, o&s;tendunt tamen aliquid &s;e velli, cum &s;entiendo &amp; ea quibus delectantur amant, &amp; ea quibus offenduntur oderunt.</HI> And afterwards from the places of Scripture which te&s;tifie our Saviours grief, &s;orrow, and fear; the&s;e pa&s;&s;ions being &s;en&s;itive, do &s;ufficiently convince that there was a &s;en&s;ual will in Chri&s;t. In <HI>lib.</HI> 2. <HI>di&s;tinct.</HI> 6. <HI>pag.</HI> 51. <HI>a.</HI> he from <HI>Scotus</HI> di&s;tingui&s;heth a two|fold will, ab&s;olute, and conditional; or <HI>voluntas efficax, &amp; complacentiae. Voluntas complacentiae,</HI> is that will, by which men de&s;ire what they cannot attain to; as when who is &s;ick, de&s;ireth health, when it is not po&s;&s;ible to attain to it. <HI>Voluntas efficax,</HI> is that, which by &s;uch means attains the end. And <HI>lib.</HI> 2. <HI>di&s;t.</HI> 24. <HI>pag.</HI> 261. he &s;ays truly, <HI>Voluntas cogi non pote&s;t.</HI></P>
<P>If <HI>Appetitus &s;en&s;ualis</HI> be the Will, then is the Will compul&s;ible; for <NOTE PLACE="marg">Rejected.</NOTE> not only the Appetite, but all the outward Sen&s;es are patient, and therefore compellible; which is contrary to what he affirms, that <HI>Voluntas cogi non pote&s;t.</HI></P>
<P>If <HI>Appetitus rationalis</HI> be the Will, then are tho&s;e actions for which no rea&s;on can be given, of Anger, De&s;ire, and of all Children, unwilling actions; which <HI>Ari&s;totle Eth. l.</HI> 3. <HI>c.</HI> 3. ju&s;tly derides as mo&s;t ridiculous and ab&s;urd. Be&s;ides, <HI>Appetitus rationalis</HI> are terms incompatible; for neither Man, nor any creature, does <HI>appetere rationaliter,</HI> but <HI>naturaliter.</HI> Mr. <HI>Hobbs</HI> makes <HI>Appetitus rationalis</HI> to be the Will, too.</P>
<P N="19">19. <HI>Ari&s;totle l.</HI> 3. <HI>c.</HI> 3. <HI>Eth.</HI> makes the Will the <GAP DESC="foreign">, to be that prin|ciple <NOTE PLACE="marg">What is the Will, the <GAP DESC="foreign">, by the authority of <HI>Ari&s;totle,</HI> in creatures void of rea|&s;on.</NOTE> or beginning in him, who does not ignorantly tho&s;e &s;ingular things in which any action con&s;i&s;ts. And that therefore Children, and other creatures void of rea&s;on and under&s;tanding, have will, and do things &s;pontaneou&s;ly.</P>
<P N="20">20. Coun&s;el, in <HI>cap.</HI> 4. <HI>&amp;</HI> 6. <HI>lib.</HI> 3. <HI>Eth.</HI> he makes to be neither <HI>Cupiditas, Ira, Voluntas,</HI> or any Opinion. <HI>Voluntas</HI> he makes to be of the la&s;t or end of Coun&s;el; and Coun&s;el to be of tho&s;e things which may be done by us; <NOTE PLACE="marg">What is the <HI>Voluntas,</HI> Will, or <GAP DESC="foreign">, by the autho|rity of <HI>Ari|&s;totle.</HI></NOTE> as a man wills to be well, he takes coun&s;el how to attain to health. And he is a fool, that takes coun&s;el of tho&s;e things he cannot do. Yet a man may will things which cannot be, as to be immortal; or tho&s;e things which he cannot do, as if a man would have a Player, or Wra&s;tler &s;tronger then him|&s;elf, to depart. But this Definition, if it be any, is &s;o perplext and confu&s;ed, as it is not po&s;&s;ible a man &s;hould definitely under&s;tand any thing by it: For if the Will be the end or termination of Coun&s;el, then all tho&s;e actions which do not proceed from Coun&s;el, are not voluntary. But he makes the Will to be of tho&s;e things, of which we cannot take Coun&s;el. So that he does not only confound <HI>Appetitus, Cupiditas, &amp; Voluntas,</HI> but makes <HI>Voluntas</HI> to be contrary to its &s;elf.</P>
<P N="21">21. The Will is that Faculty, Empire, or Dominion of the Soul, <NOTE PLACE="marg">What is the Will.</NOTE> which does not ignorantly imperate, or forbid any action or motion which is not natural. I &s;ay not ignorantly: for tho&s;e actions which oppre&s;s men by di&s;ordered dreams, or by the <HI>Incubus,</HI> or (as we &s;ay) the Night-mare, are not acts of the will. Nor mu&s;t they be natural, as is the <HI>Sy&s;tole</HI> and <HI>Dia&s;tole</HI> of the Heart and Blood, or of the Brain, which is natural, and not in our power
<PB N="8" REF="23"> to alter. But though the Will cannot forbid the Brain or Phanta&s;ie from working, yet can it imperate the Phanta&s;ie what things it &s;hall phancie or meditate.</P>
<P N="22">22. In every action three things are to be con&s;idered, <HI>viz.</HI> the <HI>internum</HI> <NOTE PLACE="marg">Another de|finition of the will.</NOTE> <HI>movens,</HI> the <HI>externum agens,</HI> and the end or <HI>ratio finalis</HI> of the action. The <HI>internum movens</HI> is the will, the prime and efficient cau&s;e; the <HI>externum movens,</HI> the mean or in&s;trumental cau&s;e; the <HI>ratio finalis</HI> or end for which &s;uch an action is done, is that which di&s;cerns the action to be good or bad, ju&s;t or unju&s;t. If the end of the action be to attain any thing which the un|der&s;tanding or rea&s;on dictates, then is &s;uch an action the act of the mind, which is proper only to intellectual and rea&s;onable Creatures. If it be to attain &s;omething de&s;ired or feared, and for which no rea&s;on can be given, then is it common to all living Creatures as well as Man.</P>
<P N="23">23. Or thirdly, the Will is that faculty of the &s;oule which does elect <NOTE PLACE="marg">Another de|finition of the will.</NOTE> or reject the doing of things appearing ju&s;t or unju&s;t, de&s;ired or not de&s;ired, prudent or imprudent. So that <HI>voluntas</HI> is one thing, and <HI>appetitus,</HI> or <HI>cupi|ditas</HI> is another thing; and &s;o <HI>velle</HI> is one thing, and <HI>intelligere</HI> another. For <NOTE PLACE="marg">By <HI>Appetitus,</HI> I mean all &s;en|&s;ual de&s;ires of &s;elf-love, lu&s;t, revenge, &amp;c.</NOTE> <HI>appetitus</HI> or <HI>cupiditas,</HI> are natural and not in the power of the will; but the doing or not doing of any thing, to the attaining of things coveted or de|&s;ired, is in the power of the will; and &s;o many Men do under&s;tand many things to be good for them, who do nothing to the attaining of them, <HI>viz.</HI> many Men are &s;apient, not prudent. Thus we &s;ee that all Men do under&s;tand and de&s;ire happine&s;s, but all Men do not will, <HI>viz.</HI> do things in order to the attaining of happine&s;s.</P>
<P N="24">24. Or la&s;tly, I am content with <HI>Ari&s;totles</HI> definition of the will, <HI>Eth.</HI> 3. <NOTE PLACE="marg">A fourth de|finition.</NOTE> <HI>cap.</HI> 4. <HI>&amp;</HI> 6. That it is the ultimate re&s;olution, end, or determination of coun&s;el; but it is not only &s;o, but the ultimate re&s;olution of tho&s;e acts, ends, or deter|minations of pa&s;&s;ions, ira&s;cible, concupi&s;cible, or fearful, of Creatures not mad, but knowingly doing them. The natural pa&s;&s;ions therefore of concupi&s;cence, appetite, anger, or fear, are no &s;ins, becau&s;e it is not in the power of Man to avoid them; but the a&s;&s;enting to them, either by complacency of cogitation, or by determining or re&s;olving to do any thing in order thereunto, is a &s;in; and this the Poet by the help of humane nature only, &s;aw:</P>
<Q><L>Nam &s;celus intra &s;e tacitum qui cogitat ullum, <NOTE PLACE="marg"><HI>Juv. Sat.</HI> 14.</NOTE></L>
<L>Facti crimen habet.</L></Q>
<P N="25">25. The Council of a Prince are divided and propound &s;everal things <NOTE PLACE="marg">The will in rea&s;onable Creatures il|lu&s;trated by an example.</NOTE> to him; the Prince who is the will, a&s;&s;ents to, or elects the advice of one part, and rejects the other; the pa&s;&s;ions or affections to propound &s;uch a thing to the will, to be done or not done, becau&s;e de&s;ired or feared; the under&s;tanding and rea&s;on, judges the doing or not doing &s;uch a thing, to be unrea&s;onable or unju&s;t. Here a Man may &s;ee, the under&s;tanding, the appe|tite, and fear, but not the will, until &s;omething be a&s;&s;ented to, as under&s;tood to be good or bad; or de&s;ired, as plea&s;ant, or profitable, or feared. So that the rea&s;on and under&s;tanding is one thing, and the affections and fears o|ther things, and the will different from them all.</P>
<P N="26">26. The <HI>internum movens,</HI> being the will in all actions not natural, nor <NOTE PLACE="marg">Creatures irrational have a will.</NOTE> ignorant, all tho&s;e outward actions of all Creatures mu&s;t nece&s;&s;arily proceed from the will, or <HI>internum movens</HI> in them.</P>
<P N="27"><PB N="9" REF="23"> 27. Not onely <HI>appetitus</HI> but <HI>&s;en&s;us,</HI> are patient and natural in all Crea|tures; <NOTE PLACE="marg"><HI>Appetitus &s;en|&s;ualis,</HI> is not the Will in Creatures ir|rational.</NOTE> if therefore <HI>appetitus &s;en&s;ualis</HI> be the will in irrational Crea|tures, then could not the&s;e Creatures do any thing, but fir&s;t moved there|unto by their &s;en&s;ual appetite; but the contrary hereof every man &s;ees. <HI>Trajan</HI> had a Hor&s;e given him in <HI>Per&s;ia,</HI> who at fir&s;t &s;ight of the Emperor, fell upon his knees. It is almo&s;t incredible tho&s;e things which <HI>Banks</HI> his Hor&s;e did, and yet none of them from any &s;en&s;ual appetite. Thus we &s;ee all irrational Creatures may be taught and habituated to tho&s;e things which naturally they have no appetite unto, nor moved by any outward object: As Hor&s;es are ridden, and learned to amble, whereas naturally all four-footed Creatures trot; yet have they naturally no appetite thereunto, nor moved by any outward object, but on the contrary are aver&s;e from them.</P>
<P N="28">28. Creatures void of Under&s;tanding and Rea&s;on, have the&s;e two <NOTE PLACE="marg">Irrational Creatures have Election in their Acti|ons.</NOTE> Pa&s;&s;ions to inform their Will, <HI>viz. appetitus &amp; timor;</HI> and that they take in|formation from both the&s;e, is evident to any man; for there is no Crea|ture that pur&s;ues any Appetition, but apprehending danger forbears it. It is ob&s;erved of the Fox, that when&s;oever hunted to ground, he never comes out, but at the mouth of the Burrow, he lies and vents a while, and afterwards for &s;ome &s;pace, runs directly into the wind; and if he vents any thing which cau&s;es fear, returns to ground again. Having been much ad|dicted to hunt the Fox, I have ob&s;erved that many times, when the Fox hath been hunted to ground, and watched to be taken, he hath not come out further then the mouth of the Burrow, if he vented the watcher, (who therefore lies down the wind,) and hath continued &s;ometime five or &s;ix nights in the ground, until he hath been almo&s;t &s;tarved; whereas at no time, if he were not watched, but he came out that night. And after they were taken, they would not of a long time eat in &s;ight of any man, how hungry &s;oever, until they became &s;o habituated to men, that they apprehended no danger from them. So Deer do naturally de&s;ire to eat Apples, but if ap|proaching, they vent them to have been handled by man, they for&s;ake them, and flee away affrighted: And &s;o all other Creatures, upon apprehen|&s;ion of danger, cea&s;e to pur&s;ue their appetite. Thus we &s;ee in Creatures irrational among them&s;elves, when they rage mo&s;t in their lu&s;t and appetite, yet give way to them by whom they are overcome. And from hence it is, I conceive, that irrational Creatures are not onely reclaimed from their na|tural fiercene&s;s, but are taught to do tho&s;e things which they have no appetite or natural inclination to, by cunningly in&s;inuating danger to them upon their not doing them; and that this mu&s;t be done by in&s;inuation and cunning, and not by outward force onely, is evident; for the mo&s;t furious and robu&s;t man is not the be&s;t hor&s;e-breaker and pacer.</P>
<P N="29">29. <HI>Ari&s;totle, Eth. Lib.</HI> 3. <HI>Cap.</HI> 7. makes Virtue and Vice to be &s;ited in the power of Man, and therefore that Legi&s;lators may ju&s;tly puni&s;h Vices <NOTE PLACE="marg">Man is a free Lord of all his Actions.</NOTE> and reward Virtues; and that all exhortation to Virtue, and dehortation from Vice, were vain and ridiculous, if it were not in the power of Man: Yet truly I am rather of <HI>Plato</HI>'s opinion, who makes Virtue to be from <NOTE PLACE="marg">Meno.</NOTE> a higher cau&s;e then is in Man. For though I do a&s;&s;ent to <HI>Aristotle,</HI> that all puni&s;hment for di&s;obeying or tran&s;gre&s;&s;ing Laws, and Exhortation there unto, were vain and ridiculous, if it were not in our power to do them; yet is it not the doing, or not doing of things commanded or forbidden by them who have a right to command or forbid them, a Virtue; but the doing or
<PB N="10" REF="24"> not doing them in &s;uch a formality as they are &s;o commanded or forbidden, which makes them virtues; which mu&s;t needs proceed from a higher cau&s;e then is in man, or can be taught him. As if a Prince commands another to do &s;omething which he ought to do, he does it; but takes a reward or bribe from another to do it: I &s;ay, this is not virtue in the Agent, becau&s;e he did it not as commanded, but bribed: Whereas another does his duty without reward, and it may be to his much temporal detriment; this is virtue, and mu&s;t needs be from &s;ome higher cau&s;e, then is to be found ordinarily in men.</P>
<P N="30">30. All Creatures have Souls, but not Mindes: Other living Crea|tures, <NOTE PLACE="marg">What is the Minde, and whether to be found in Crea|tures irration|al?</NOTE> as well as Men, have vegetative Souls. The Minde is &s;ometime taken for the Will, rightly informed from the Under&s;tanding and Rea&s;on, <HI>Plato (Meno.)</HI> Sometime for the Under&s;tanding, <HI>Ari&s;t. Eth. lib.</HI> 6. <HI>c.</HI> 6. Sometime for Rea&s;on or Coun&s;el, as we &s;ay oft times, My minde gives me that &s;uch a thing is, or is not. And <HI>Virgil. Aenead.</HI></P>
<P><HI>Nostram nunc accipe mentem.</HI></P>
<P>In each &s;en&s;e, this is proper onely to intellectual and rational Creatures. <HI>Ari&s;totle, Pol. lib.</HI> 1. <HI>cap.</HI> 5. makes the <HI>animus</HI> or vegetative Soul to have do|minion over the body of a Man, or other Creature, as a Ma&s;ter of a Fa|mily over his Servants, who is notwith&s;tanding commanded, and in the power of the King or <HI>Civitas;</HI> but the Minde or the Will informed from the Under&s;tanding and Rea&s;on, to have the dominion, not onely over the body, but al&s;o over the &s;en&s;ual or vegetative Soul, as a King or <HI>Civitas</HI> hath over the Ma&s;ters of Families.</P>
<P N="31">31. Man therefore being endowed not onely with a vegetative Soul, <NOTE PLACE="marg">Mans Actions are more free then other Creatures void of rea|&s;on.</NOTE> which is common to all Creatures, as well as Man, but with a minde &s;uperior to it; his actions are &s;o much more free then other Creatures, by how much more liberty he hath to make election; but other Creatures actions can take information onely from their appetites and fears, whereas a Man in all his actions may con&s;ult and take information from his Under&s;tanding and Rea&s;on.</P>
<P N="32">32. Sin is an omi&s;&s;ion or tran&s;gre&s;&s;ion of &s;ome Law; but unrea&s;onable <NOTE PLACE="marg">Onely Mans Actions are &s;inful.</NOTE> Creatures, not having any other Law then their appetite and fear, and their actions being always conformable to them, they never &s;in. But man does not always conform his actions to what he under&s;tands to be ju&s;t, and forbears tho&s;e things which he under&s;tands, and his Rea&s;on tells him he ought not to do: Therefore onely Mans actions are &s;inful.</P>
<P N="33">33. It is true, that <HI>Ari&s;totle</HI> &s;ays, <HI>That the minde of Man hath the dominion</HI> <NOTE PLACE="marg">What are Actions, and not volun|tary.</NOTE> <HI>of all his actions, and pa&s;sions, as a King or</HI> Civitas <HI>hath over his &s;ubjects:</HI> Yet many times the King cannot re&s;train the di&s;orders of his Subjects, nor the minde always the pa&s;&s;ions of a man. And there is a Knowledge in irra|tional Creatures; <HI>as the Ox knows his owner, and the A&s;s his Ma&s;ters Crib;</HI> and the whole body of them is but the organ or in&s;trument of their vegeta|tive Soul. And there is mad Dogs and Hor&s;es, as well as men; where there|fore madne&s;s &s;o far &s;eizes upon Men or other Creatures, as they know not what they do, &s;uch actions are not voluntary. Nor is this onely in men fran|tick, and not <HI>compotes mentium,</HI> but oftentimes in men well di&s;po&s;ed; as exce&s;s of grief, or joy, many times tran&s;ports them into &s;udden and vio|lent motions, or actions, which is not in their power to re&s;train: But the&s;e actions being ignorantly done, by the definition, are not voluntarily done; and by con&s;equence, not &s;inful.</P>
<P N="34"><PB N="11" REF="24"> 34. Memory is that faculty of the &s;oul in living creatures, which re|tains <NOTE PLACE="marg">What is the Memory. If <HI>Ari&s;totle</HI> had &s;aid, there is nothing in the memory which was not before in the &s;en&s;es, I &s;hould have a&s;&s;ented to it. I do much wonder, <HI>Ari|&s;totle</HI> and the Doctor &s;hould affirm that ex|perience is &s;ub&s;equent to memory, and is from multi|plied memo|ry; whereas it is impo&s;&s;ible but that ex|periment mu&s;t fir&s;t be in the &s;en&s;es, and antece|dent to the memory. And whereas they &s;ay, that expe|rience is from multiplied memory; A man may burn his fing|ers upon once trial, as well as oftner.</NOTE> the Idea's of tho&s;e objects they have received into their &s;en&s;es, when the things &s;o received are removed from the &s;en&s;es. And that all creatures as well as Man have Memory, is mo&s;t evidently &s;een in all creatures, which can di&s;tingui&s;h the voice of them that feed them from others of the &s;ame kind, and do more ea&s;ily di&s;cern them, then men do another; which were impo&s;&s;ible, without Memory. Any Dog, Hor&s;e, Cow, or any other ir|rational creature, knows his Keepers voice from any other mans: Let a Dog be carried an hundred miles from a place, and if he lo&s;es his Ma&s;ter, and be not re&s;trained before he be well acquainted, he &s;hall return home the &s;ame way he came. Nay, no que&s;tion but that the outward &s;en&s;es of irrational creatures are much more exqui&s;ite then mens; and are much more prone in their will, and more &s;ubtle in their phanta&s;ie to attain tho&s;e things which are plea&s;ant and natural to them, and do much better remember tho&s;e things they have received by their &s;en&s;es.</P>
<P><HI>Annot.</HI> By this Propo&s;ition it is evidently fal&s;e which <NOTE N="*" PLACE="marg"><HI>Anal. po&s;t.</HI> 16. <HI>lib.</HI> 2. <HI>cap. ult. Meta. l.</HI> 1. <HI>c.</HI> 1.</NOTE> <HI>Ari&s;totle</HI> &s;ays, <HI>In aliis animalibus res percepta manet, in aliis non manet.</HI> And if it be true that he &s;ays a little after, <HI>Ex &s;en&s;u fit memoria, &amp; ex memoria experientia, &amp; ex|perientia principium artis &amp; &s;cientiae;</HI> then are all irrational Creatures better apted and di&s;po&s;ed to apprehend the Principles of all Arts and Sciences, then Men: for no que&s;tion but the &s;en&s;es of irrational Creatures are much more &s;ubtile and exqui&s;ite then in Men. And by his po&s;ition, of Memory being from the Sen&s;e, and Experiment from Memory, he makes all Creatures to be as &s;cientifical and artificial as Men; where he &s;ays, that <HI>Experientia pene &s;imile quid &s;cientiae, ac arti e&s;&s;e videtur, &amp;c.</HI> And whereas <NOTE N="*" PLACE="marg"><HI>De gen, anim. Pag.</HI> 21.</NOTE> Dr. <HI>Harvey</HI> &s;ays, <HI>pag.</HI> 27. <HI>de Gen. Anim.</HI> that <HI>ex &s;en&s;u permanet &s;en&s;atum, ex permanentia &s;en&s;ati fit memoria:</HI> I would know in which of the &s;en&s;es is this <HI>permanens?</HI> It cannot be in any of the outward &s;en&s;es; for it is a contradiction for any man to &s;ay, he remembers any thing he pre&s;ently and actually &s;ees, feels, ta&s;tes, hears, or &s;mells: It mu&s;t be therefore, that this <HI>permanens</HI> of the thing perceived, is retained by the Common &s;en&s;e <HI>(viz.</HI> of the Phanta&s;ie or Under&s;tanding) which is a confounding of two faculties of the &s;oul <HI>(viz.</HI> of the Memory, and Phanta&s;ie or Under&s;tanding) in one, <HI>viz.</HI> the Common &s;en&s;e, or Under&s;tanding. And this the Doctor plainly confe&s;&s;es, where he &s;ays, <HI>Quod in ip&s;a vi&s;ione, &s;ive actu videndi, &s;ingulare, clarum, &amp; di&s;tin|ctum erat; id ip&s;um mox remoto vi&s;ibili (clau&s;is nimirum oculis) in phan|ta&s;ia ab&s;tractum, vel in memoria re&s;ervatum, ob&s;curum &amp; indi&s;tinctum appa|ret, &amp;c.</HI></P>
<P N="35">35. The Under&s;tanding is that faculty of the &s;oul, which apprehends <NOTE PLACE="marg">What is the Under&s;tand|ing.</NOTE> univer&s;al and prime cau&s;es, for which no rea&s;on can be given; and does phancy things true and fal&s;e, ju&s;t and unju&s;t; and di&s;cerns and judges not only of things repre&s;ented to the outward &s;en&s;es, but al&s;o of things retained in the memory. And as the Under&s;tanding does apprehend univer&s;al noti|ons in the ab&s;tract, without the rea&s;on, and for which no rea&s;on can be given; &s;o does it al&s;o tho&s;e things which are rightly deduced from them by rea&s;on.</P>
<P N="36">36. Tho&s;e things are Principles, which con&s;titute Ratiocination, and <NOTE PLACE="marg">All things in the Under|&s;tanding were not fir&s;t in the Sen&s;es, by the authority of <HI>Ari&s;totle.</HI></NOTE> for which no Rea&s;on can be given. <HI>Eth. lib.</HI> 6. <HI>cap.</HI> 3. Nothing can be Prime or Principle, but to that faculty of the Soul &s;en&s;itive or intellectual, which does fir&s;t apprehend it. For if there be any thing in the Under&s;tanding,
<PB N="12" REF="25"> which was before in the Sen&s;es, this cannot be a Principle to the Under|&s;tanding, but to the Sen&s;e, which did fir&s;t apprehend it: As if I &s;ay, I know &s;uch a thing is true, becau&s;e I &s;aw it; this thing is not a Principle to the Under&s;tanding, but the Sen&s;e, which did fir&s;t apprehend it. But no man will ask a rea&s;on of the Sen&s;e, <HI>viz.</HI> why I &s;aw &s;uch a thing? for it is ab|&s;urd, and no rea&s;on can be given of it, becau&s;e it was fir&s;t repre&s;ented to the Sen&s;e. But <HI>Ari&s;t. l.</HI> 6. <HI>c.</HI> 6. <HI>Eth. Mens, &s;ive intellectus &s;it principiorum &s;cienti|arum.</HI> All things therefore which are in the Under&s;tanding, by the autho|rity of <HI>Ari&s;totle,</HI> were not fir&s;t in the Sen&s;es.</P>
<P N="37">37. I know this will at fir&s;t blu&s;h &s;eem a &s;trange Paradox; yet narrowly <NOTE PLACE="marg">There is no|thing in the under&s;tanding which was fir&s;t in the &s;en&s;es.</NOTE> looked into, is as true as any Propo&s;ition in Geometry: For the outward Sen&s;es apprehend only the corporiety or &s;ub&s;tance of things repre&s;ented unto them; but the Under&s;tanding only the incorporiety of things &s;o &s;een, &amp;c. and di&s;cerns and judges whether &s;uch things &s;o apprehended by the Sen&s;es, be plea&s;ant, profitable, ju&s;t or unju&s;t, rea&s;onable or unrea&s;onable, commen&s;urable, or incommen&s;urable. Nor is the Idea of any thing thus &s;een, heard, or felt, ever after it be removed out of the &s;ight, retained in the Under&s;tanding, but Memory; where the Under&s;tanding di&s;cerns and judges, what before was in the Sen&s;es. As if I &s;ee &s;uch a &s;olid body, the Under&s;tanding judgeth whether this body be commen&s;urable or not, by any notion or propo&s;ition before under&s;tood: This body afterwards re|moved, and the Idea or form retained in the Memory, the Under&s;tanding di&s;cerns and judges the pa&s;&s;ions of it &s;o retained, which before it did in the outward &s;en&s;es. So I hear &s;uch a &s;tory told of things before done; after|ward the &s;ound is pa&s;t, and the &s;tory retained in the Memory; the Under|&s;tanding there judges and phancies it. Only things corporeal and &s;ub|&s;tantial therefore being the objects of the outward Sen&s;e, and things in|corporeal and without &s;ub&s;tance the objects of the Under&s;tanding, there can nothing be in the Under&s;tanding, which was fir&s;t in the Sen&s;es. It is therefore ab&s;urd for any man to &s;ay, he under&s;tands that &s;uch a man hath &s;uch a hand, or face, or did &s;uch an action; becau&s;e being corporeal and the objects of the Sen&s;e, they cannot be in the Under&s;tanding, but Memory. He therefore remembers &s;uch a man had &s;uch a face, or hand, or did &s;uch an action. But he may mo&s;t properly &s;ay, he under&s;tands &s;uch a face, or hand, to be good or hand&s;om; or that &s;uch an action was good or bad: becau&s;e the&s;e things being incorporeal, cannot be apprehended by the outward Sen&s;es, but judged or phancied to be &s;o by the Under|&s;tanding.</P>
<P N="38">38. If it be true which <HI>Ari&s;totle</HI> and all Philo&s;ophers affirm, that there <NOTE PLACE="marg">There is no|thing judged or di&s;cerned in the &s;en&s;es or memory, which was not before in the under|&s;tanding.</NOTE> cannot be any effect but from &s;ome efficient cau&s;e, nor act without an agent; then is it not po&s;&s;ible but that which is in the under&s;tanding, and does judge, di&s;cern and phancie, is &s;uperior, and mu&s;t precede every thing which is &s;o judged, di&s;cerned and phancied in the memory or &s;en&s;es. All things therefore are &s;o far from being in the &s;en&s;es, before they were in the under&s;tanding, that it is not only impo&s;&s;ible that any thing which was in the &s;en&s;e, &s;hould be in the under&s;tanding; but al&s;o that which is in the un|der&s;tanding, mu&s;t be, before it can judge, di&s;cern, or phancie any thing, in the memory or &s;en&s;es: And by con&s;equence, no Art nor Science can be learned or taught another, who does not fir&s;t under&s;tand the Principles thereof; nor is it po&s;&s;ible that the Principles of any Art or Science can
<PB N="13" REF="25"> be taught. I know it is u&s;ual for men to confound the &s;en&s;e with the under|&s;tanding: As when a man talks unconclu&s;ively, they &s;ay he talks not &s;en&s;e, (yet it may be he &s;peaks very loud) that is truly, he talks not under&s;tanding|ly, or not to be under&s;tood.</P>
<P N="39">39. By the authority of <HI>Ari&s;totle, Eth. lib.</HI> 6. <HI>cap.</HI> 6. the Under&s;tanding <NOTE PLACE="marg">The Under|&s;tanding is a ray of Divine light in the &s;oul of man.</NOTE> does apprehend things either ab&s;tractly, or concretely. Ab&s;tractly without the Rea&s;on, as Principles, for which no Rea&s;on can be given; or concretely with the Rea&s;on, as when by the Rea&s;on it apprehends things deduced from &s;uch Principles before under&s;tood, and for which no rea&s;on can be given; for <HI>Intellectus &s;it principiorum, Scientia vero cum ratione conjuncta.</HI> The under|&s;tanding therefore of prime and univer&s;al cau&s;es, for which no rea&s;on can be given, can be nothing el&s;e but <HI>radius divini luminis in animabus hominum;</HI> and by con&s;equence it cannot be learned, taught, or communicated by any Creature, or all the Creatures in the world.</P>
<P N="40">40. Only Man, of all Creatures of this world, under&s;tanding prime, <NOTE PLACE="marg">Only Man, of all the crea|tures of this inferior orb, is an in|tellectual creature.</NOTE> nece&s;&s;ary, and univer&s;al cau&s;es, and phancying things true and fal&s;e, ju&s;t and unju&s;t, only Man is an Intellectual creature.</P>
<P N="41">41. <NOTE N="*" PLACE="marg">What things are Princi|ples.</NOTE> I. Principles, by the authority of <HI>Ari&s;totle, Eth. lib.</HI> 6. <HI>cap.</HI> 3. are tho&s;e things which are known to an Intellectual creature, which do con&s;ti|tute Ratiocination, and of which no rea&s;on can be given; and <HI>(cap.</HI> 6.) are apprehended only by the Mind or Intellect. Such are the Principles of Geometry; and &s;uch are <HI>Idem, eidem, &s;ecundum idem, e&s;&s;e, &amp; non e&s;&s;e, im|po&s;sibile; &amp;, Omnis affirmatio aut negatio, aut vera aut fal&s;a; &amp;, Cujus e&s;t nolle, ejus e&s;t velle, &amp;c.</HI></P>
<P N="2">II. Man not being only an Intellectual, but a Sociable creature, God hath engraven in the minds of all men certain Laws for which no rea&s;on can be given, to which they ought to conform all their actions, for the pre|&s;ervation of peace and &s;ociety among men.</P>
<P N="3">III. But becau&s;e the Laws of Nature oftentimes only are <HI>ex The&s;i;</HI> there mu&s;t be &s;ome things <HI>ex Hypothe&s;i,</HI> which mu&s;t be under&s;tood; and the&s;e mu&s;t be prime and &s;uperior to them to whom they are given, and for which they can give no rea&s;on, or they cannot be the rule and rea&s;on of their actions. I require Humane and De&s;potical Laws for Principles, to tho&s;e who by right or due are &s;ubject to them.</P>
<P N="4">IV. But God having made Man not only intellectual, rational, and &s;ociable, but endued him with an immortal &s;oul capable of eternal happine&s;s, He hath extraordinarily and &s;upernaturally revealed him&s;elf in the Scri|ptures, that men &s;ubmitting them&s;elves and their Rea&s;ons to tho&s;e Divine precepts, might <HI>work out their &s;alvation with fear and trembling.</HI> But if it be asked, How &s;hall I know the Scriptures to be Gods Word, &s;ince they are not known to be &s;o by the under&s;tanding, nor outward &s;en&s;e? I would ask that man, if he be a Chri&s;tian, how he came to be &s;o? For his being a Chri&s;tian, implies his belief in them as the Word of God; and he is re|quired no more: And if the power and grace of God were not as much &s;hewed in converting the world to Chri&s;tianity by the preaching of a com|pany of poor Fi&s;hermen (all Temporal powers per&s;ecuting and contradict|ing it) as in all the Miracles of old under the Prophets and Patriarchs? And whether the power and grace of God in his Son, was not more vi&s;ible under the New, then in the Prophets, and under the Old Law?</P>
<P>But becau&s;e the Laws or Precepts of God in the Scripture command
<PB N="14" REF="26"> many things <HI>in The&s;i</HI> only, (as, <HI>Let all things be done decently and in order;</HI> <NOTE PLACE="marg">1 Cor. 14. 40. 1 Tim. 2.</NOTE> and, <HI>Let prayers and &s;upplications be made for all men, &amp;c.</HI> But this Decencie and Order is no where pre&s;cribed or defined by the Scripture) and the Church (to whom the right of defining &s;uch things, is given by God) <HI>ex Hypothe&s;i:</HI> the Laws therefore of Church or Eccle&s;ia&s;tical Laws, are principles, and ne|ce&s;&s;ary for con&s;ervation of Chri&s;tian &s;ociety.</P>
<P>I require only Humane, Eccle&s;ia&s;tical and De&s;potical Laws for principles, which do not immediately proceed from God. All other principles what|&s;oever proceed, or are immediately created only by God alone.</P>
<P N="42">42. All Men under&s;tand that they ought to obey the Laws of their <NOTE PLACE="marg">No Laws cre|ate any obli+gation in con|&s;cience from any thing, which was in the &s;en&s;es.</NOTE> &s;uperiors. But by the 37. Propo&s;ition; there is nothing in the under&s;tand|ing which was in the &s;en&s;es. Mens Obedience therefore, or their obligation in con&s;cience to the Laws of their &s;uperiors, is not from any thing which was in the &s;en&s;es, But it does proceed from the connatural Laws of Nature, engraven by God in the minds or under&s;tandings of Men, or from his Grace &s;upernaturally given to Men; and by con&s;equence, tho&s;e men who do not from innate good principles, their duty in con&s;cience, will never from any thing feared or received into the &s;en&s;es, be it Whipping, Branding, or Hanging, ever be made good, but only deterred from being bad.</P>
<P N="43">43. Belief is the a&s;&s;enting to a thing to be true or fal&s;e, not as either <NOTE PLACE="marg">What is Be|lief.</NOTE> known to the under&s;tanding or outward &s;en&s;es, but as affirmed or denied by one or more, who are credible per&s;ons.</P>
<P N="44">44. Faith is the a&s;&s;enting to a thing to be true or fal&s;e, not as known <NOTE PLACE="marg">What is Faith.</NOTE> to the under&s;tanding or outward &s;en&s;es, but as commanded or forbidden by God extraordinarily, and &s;upernaturally.</P>
<P N="45">45. It is an admirable thing to con&s;ider the providence of God (who <NOTE PLACE="marg">Whether things only credible, may be as certain as known to the &s;en&s;es, and incident|ly of the di|vine excellen|cy of truth above any &s;en&s;ible knowledge.</NOTE> is the God of truth) in the pre&s;ervation of tho&s;e things, which impartially relate the actions of Men, and the revolutions which have hapned in the world. Nor is it any more then a ju&s;t and equal te&s;timony <HI>Polybius</HI> in the Proem of his Hi&s;tory gives of Truth, <HI>viz.</HI> that &s;he ought to be e&s;teemed as the greate&s;t godde&s;s; and that the greate&s;t power ought to be a&s;cribed to her, overcoming and triumphing over all the oppo&s;itions of Men, and veri&s;imilitudes. Nor can any rea&s;on be given that <HI>Polybius, Livy, Plutarch,</HI> &amp;c. did either write &s;uch Hi&s;tories, or that &s;uch Hi&s;tories written by them, were truer then tho&s;e which are lo&s;t and rejected by Men, but only a kind of divine ayre informing Men of their truth; whereas tho&s;e books which are fal&s;ely and factiou&s;ly written, are exploded and neglected in a very &s;hort time; and yet whether they were truly or fal&s;ely written, few or no Men can judge from any thing known to the outward &s;ence. I &s;ay few or no Man can &s;o judge of them; for in that time when they were written, there were many more fal&s;e and factious Hi&s;torians to delude Men, then true and ju&s;t to inform them. Nor can Men in &s;ub&s;equent generations from any thing in their outward &s;ences, judge or di&s;cern whether any thing they record be true or fal&s;e. Nay further, no Hi&s;torian (except <HI>Cae&s;ar</HI> and <HI>Xenophon,</HI> and &s;ome very few others, who recorded infinitely more things not known, then known to them to be true) did ever know whether what he recor|ded were true or not. To evidence this yet more fully, there was &s;carcely (except <HI>Cae&s;ars</HI> &amp; <HI>Xenophons)</HI> ever any Hi&s;tory truly written in tho&s;e times, wherein the things were done, that men might take information from their outward &s;en&s;es; but Men were &s;o carried by Faction or Intere&s;t, that in
<PB N="17" REF="26"> recording of things, they record things not as true or fal&s;e, but as advan|cing their Faction and Intere&s;t: whereas Men in the &s;ub&s;equent generation not having tho&s;e Pa&s;&s;ions and Appetitions, nor any &s;en&s;e of the&s;e things; &s;ubjecting all their Pa&s;&s;ions and Affections, as it were a&s;&s;i&s;ted by a divine Election, do make Election of tho&s;e things which are true, and reject others, which the Malice or Faction of Men had impo&s;ed upon the World. And a Man is as certain, that there have been &s;uch Men as <HI>Cae&s;ar, Hanibal, Alexander, &amp;c.</HI> and as a&s;&s;ured of their Actions, as if he had &s;een them.</P>
<P N="46">46. Since all things which proceed from God immediately, and for <NOTE PLACE="marg">Faith is an ex|traordinary Gift of God.</NOTE> which no rea&s;on can be given by any Creature, may be ju&s;tly required for principles by intellectual and rea&s;onable Creatures; and &s;ince the Scriptures proceed immediately from God, or they could not be the Word of God, are therefore the principles of Faith. And &s;ince there is nothing with|in man naturally, which may a&s;&s;ure him, that tho&s;e things revealed in Scrip|ture were Gods <HI>Revelation;</HI> it does nece&s;&s;arily follow, That Faith, or the Belief of God in the Scriptures, is Gods gift &s;upernaturally and extraordi|narily. Nor can all the Arguments of Tradition, Church, Excellency of &s;tile, Truth, <HI>&amp;c.</HI> move one &s;tone to the proof of them: For they were the Word of God, before any Church or Tradition, <HI>&amp;c.</HI> was. And if they had not been the Word of God before the Church received them, and deliver|ed them to po&s;terity; their Reception and Tradition could never have made them &s;o. Be&s;ides, the Church having its being from the Scriptures, it can never prove the cau&s;e of its being. And what was it le&s;s, then the power and grace of God extraordinarily given to <HI>Mo&s;es,</HI> That the Bu&s;h burned and was not con&s;umed? And of all the miracles done by him, and the other Prophets; and more then tho&s;e, done by our Saviour, and the Apo&s;tles, and ble&s;&s;ed Martyrs &s;ince? And that by the Preaching of a few Fi&s;hermen, again&s;t all the Temporal Powers in the World, Chri&s;tianity &s;hould be pro|pagated generally over the face of the Earth; and that I without any thing in me, or de&s;ert of mine, am bapti&s;ed into this Faith? And he that &s;hall di&s;pute the truth of the grace and power of God in the <HI>Old</HI> and <HI>New Te&s;ta|ment,</HI> and &s;ince recorded in Eccle&s;ia&s;tical and Prophane Hi&s;tory, ought as much to be confuted with clubs and hi&s;&s;ing, as he that denies or di&s;putes his Principles in any Art or Science.</P>
<P N="47">47. All Principles are true or fal&s;e, ju&s;t or unju&s;t, good or bad; either <NOTE PLACE="marg">All Principles are prime and nece&s;&s;ary, either <HI>nece&s;&s;i|tate ab&s;oluta,</HI> or <HI>nece&s;&s;itate medii.</HI></NOTE> <HI>nece&s;sitate ab&s;oluta,</HI> or <HI>nece&s;sitate medii.</HI> Principles that are true or fal&s;e, <HI>ne|ce&s;sitate ab&s;oluta,</HI> are &s;o, that they are immutable by God him&s;elf, as that two and two added, &s;hould not make four; or that things equal to the &s;ame thing, &s;hould not be equal to one another; or that any being &s;hould be &s;upe|rior to the cau&s;e of its being; or that contradictions &s;hould be true; or el&s;e true or fal&s;e, good or bad, ju&s;t or unju&s;t, <HI>nece&s;sitate ex hypothe&s;i:</HI> And the&s;e though they are nece&s;&s;ary and principles to tho&s;e to whom they are given, and immutable by them; yet are they not principles and nece&s;&s;ary to them, who made and gave them. As the Laws of Nature, and Gods revealing him&s;elf in the Scriptures, are principles, nece&s;&s;ary, and immutable by all the Men in the World; yet are they not principles, nece&s;&s;ary, or immu|table by God; but he might, if it had plea&s;ed him, made &s;omething el&s;e the Law of Nature, or otherwi&s;e revealed him&s;elf in the Scriptures. So Humane Laws mu&s;t be prime, nece&s;&s;ary, and immutable by Subjects, or their conforming, or not conforming their actions to them, could not be
<PB N="16" REF="27"> ju&s;t or unju&s;t: But they cannot be prime, and nece&s;&s;ary, or immutable by the Legi&s;lator, but as he &s;ees occa&s;ion may alter or make &s;omething el&s;e which was not before Laws for the Subjects to conform and direct their actions to. It is therefore ab&s;urd and wilde to &s;uppo&s;e, that the Law of Nature is <NOTE PLACE="marg">Annotat.</NOTE> &s;imply nece&s;&s;ary and immutable by God, or that the will of Men can make it mutable.</P>
<P N="48">48. All Science, all Learning, all Rea&s;oning, and all Conclu&s;ions, by <NOTE PLACE="marg">Contra negan|tes Principia, non e&s;t di&s;|putandum.</NOTE> the Authority of <HI>Ari&s;totle,</HI> is begotten from pre-exi&s;tent principles (for which no rea&s;on can be given by the Learner) which being granted, do ne|mon&s;trate the Conclu&s;ion; but by the Authority of <HI>Ari&s;totle,</HI> and all Phi|lo&s;ophers, no Science or Conclu&s;ion can demon&s;trate the Principles. Where therefore either by a defect in the Under&s;tanding, Men cannot, or by a &s;tubbornne&s;s in the Will, they will not apprehend Principles, there all Rea&s;oning, Learning, or Di&s;cour&s;e is at an end. If therefore I would learn a Man Geometry, and he either cannot, or will not apprehend the Axioms or common Notions of it, it is impo&s;&s;ible I &s;hould ever make him under|&s;tand the con&s;titution of an equilateral Triangle: Or if a Man denies the Laws of my Countrey, I cannot teach him, whether &s;uch an action be ju&s;t or unju&s;t: Or if a Man denies the Law of Nature, I cannot prove that he ought to honor and obey his Superior, and to deal ju&s;tly and uprightly with all Men: Or if a Man denies or di&s;putes the Authority of the Scriptures, there cannot be any Conclu&s;ion or Inference from them, whether as Chri|&s;tians, any thing ought to be, or not to be done, or believed.</P>
<P N="49">49. All demon&s;trative Science being begotten from certain and nece&s;|&s;ary <NOTE PLACE="marg">From whence the Confu&s;ions and Di&s;tracti|ons in Chri|&s;tendom have ari&s;en?</NOTE> pre-exi&s;tent Principles; the Laws of God and Man being pre-exi&s;tent, where they are clear and not inevident (which is not always the imperfecti|on of Mans Law, nor can ever be of Gods Law) Men may as clearly, and as demon&s;tratively demon&s;trate Conclu&s;ions from thence, as from the Axiomes in Geometry: And no que&s;tion, that all the Confu&s;ions which have lately hapned in Chri&s;tendom, were not cau&s;ed from any want of un|der&s;tanding of the Laws of God or Man, but from the perver&s;e wills of Men, who would not be re&s;trained from their wickedne&s;s, neither by the Laws of God or Man.</P>
<P N="50">50. Rea&s;on is a faculty of the Under&s;tanding, which does prepare, apt, <NOTE PLACE="marg">What is Rea|&s;on?</NOTE> and define things, either in the outward &s;ences or memory, &s;o as they may be comprehended by &s;omething before known to the Under&s;tanding; or Rea&s;on, is that which does dictate the doing of any thing conformable to &s;omething in the Under&s;tanding.</P>
<P N="51">51. All Propo&s;itions, by the authority of <HI>Aristotle,</HI> are demon&s;trable <NOTE PLACE="marg">What is an Axiom or common No|tion?</NOTE> or indemon&s;trable. Indemon&s;trable Propo&s;itions, are tho&s;e Propo&s;itions which are Axioms or common Notions, for which no rea&s;on can be given; and though indemon&s;trable in them&s;elves, do demon&s;trate all the Conclu|&s;ions which follow from them. An Axiom or common Notion, is &s;uch an indefinite, prime, and nece&s;&s;ary Propo&s;ition, which comprehending any definite thing within its terms, does nece&s;&s;itate &s;uch a Conclu&s;ion.</P>
<P N="52">52. A Definition is the comprehending every &s;uch individual thing <NOTE PLACE="marg">What is a De|finition?</NOTE> in &s;uch a term, as may expre&s;s &s;uch a thing, excluding every thing el&s;e.</P>
<P N="53">53. Although Definitions are properly terms comprehending indi|vidual <NOTE PLACE="marg">Wherein a Notion and Definition, differ?</NOTE> things, yet is there oftentimes a nece&s;&s;ity of comprehending Notions or Axioms too, under &s;ignificant terms; as a Law is a term which may &s;ig|nifie
<PB N="17" REF="27"> all rightful commands (which are prime and univer&s;al Propo&s;itions to them, who ow obedience to &s;uch commands) which comprehending any action, does nece&s;&s;itate &s;uch an action to be ju&s;t. So Geometry not onely comprehends all Propo&s;itions which have reference to &s;urveying or mea|&s;uring of Ground; but al&s;o all the Propo&s;itions in <HI>Euclids</HI> Elements, are comprehended under the terms or notion of Geometry, <HI>&amp;c.</HI> Definitions are of Singulars, Notions of Generals or Univer&s;als; the Rea&s;on, Me|mory, and outward Sen&s;es, are of Definitions; the Under&s;tanding, of Axioms or common Notions.</P>
<P>The Doctor does not onely confound the Memory and Under&s;tanding, <NOTE PLACE="marg"><HI>Annot. Pag.</HI> 21. <HI>de Gen. An.</HI></NOTE> where he &s;ays, <HI>Quod in ip&s;a vi&s;ione, &s;ive actu videndi, &s;ingulare, clarum, &amp; indi&s;tinctum erat; id ip&s;um remoto vi&s;ibili in phanta&s;ia, vel memoria re&s;erva|tum,</HI> (thereby making the phanta&s;ie and memory the &s;ame thing) <HI>ob&s;curum &amp; indistinctum apparet, &amp;c.</HI> But al&s;o here, and <HI>Page</HI> 27. he confounds Axioms, and common Notions, with Definitions, where he &s;ays, That from experience comes <HI>ratio Univer&s;alis, Definitiones, &amp; maxima &s;ive Axi|omata communia, cognitionis certi&s;sima.</HI> And the in&s;tances he gives of his meaning is quite awry, and nothing to the purpo&s;e; For <HI>idem, eidem, &s;e|cundum idem e&s;&s;e, &amp; non e&s;&s;e impo&s;sible,</HI> is not onely not known from experi|ment, but is as much known to any intellectual Creature, before experi|ment, as after: And &s;o, <HI>omnis affirmatio, &amp; negatio, aut vera, aut fal&s;a e&s;t.</HI> The&s;e Axioms are not Axioms, becau&s;e they are found true by experience; but becau&s;e univer&s;ally known to be true, before any experiment was made of them; nor is it po&s;&s;ible that experiment &s;hould be made of all things, wherein they hold true; the truth therefore of them cannot proceed from experience.</P>
<P N="54">54. Although divers Men do phan&s;ie the &s;ame thing &s;een or remem|bred; <NOTE PLACE="marg">Why &s;ome Men are more rational then others?</NOTE> yet if they do not rationally phan&s;ie it, <HI>viz.</HI> by comprehending that thing &s;een or remembred, in &s;omething before under&s;tood to be true or fal&s;e, <HI>&amp;c.</HI> Then do they never conclude or agree in their inference. Tho&s;e Men therefore, who do not rightly conclude a thing, (either the Object of the outward Sen&s;es, or the <HI>Idea</HI> of it re&s;erved in the Memory) from &s;ome|thing before under&s;tood, but becau&s;e they affect or de&s;ire it to be &s;o, con|clude affectionately, not rationally. And Men who do &s;o, are le&s;s rational, then other Men who do not.</P>
<P N="55">55. Knowledge, is the knowing of a thing from the cau&s;es. <NOTE PLACE="marg">What is Knowledge?</NOTE></P>
<P N="56">56. <NOTE N="a" PLACE="marg">Knowledge or Science, how mani|fold?</NOTE> All Knowledge or Science is either rational, or &s;en&s;ible.</P>
<P N="57">57. <NOTE N="b" PLACE="marg">What is rati|onal Science?</NOTE> All Rational Science, is a right Inference or Conclu&s;ion, medi|ately or immediately, from &s;ome univer&s;al Cau&s;e known to the Under|&s;tanding.</P>
<P N="58">58. <NOTE N="c" PLACE="marg">How Science differs from Rea&s;on?</NOTE> <HI>Intellectus &s;it Principiorum, Scientia cum Ratione conjuncta. Eth. lib.</HI> 6. <HI>cap.</HI> 6. Rea&s;on is the In&s;trument of the Under&s;tanding begetting; Science is the thing, which from the Under&s;tanding by the Rea&s;on is be|gotten.</P>
<P N="59">59. A Demon&s;trative Propo&s;ition is, when the Predicate or Axiome <NOTE PLACE="marg">What is a De|mon&s;trative, Affirmative Propo&s;ition?</NOTE> under&s;tood, comprehends the thing defined, which is remembred; Or any right Inference, Conclu&s;ion, or Dictate of Right Rea&s;on from Nece&s;&s;ary and Univer&s;al Cau&s;es, may be the Predicate of any Demon&s;trative Propo&s;ition.</P>
<P N="60">60. A Negative Demon&s;tration is, when Rea&s;on &s;hews that the Sub|ject <NOTE PLACE="marg">What is a Ne|gative, De|mon&s;trative Propo&s;ition?</NOTE> cannot be comprehended by the Predicate.</P>
<P N="61"><PB N="18" REF="28"> 61. Logicians make three nece&s;&s;ary parts or terms in every Propo|&s;ition, <NOTE PLACE="marg">The nece&s;&s;ary Parts of every ropo&s;ition.</NOTE> <HI>viz.</HI> the <HI>Nomen antecedens,</HI> the <HI>Nomen con&s;equens,</HI> and the <HI>Copula.</HI> The <HI>Nomen antecedens,</HI> is the &s;ubject or thing in the outward &s;en&s;e or me|mory defined. The <HI>Nomen con&s;equens,</HI> is the Predicate, or &s;omething known to the under&s;tanding, which comprehends the Subject. And the <HI>Copula,</HI> is that which joins the&s;e two. As, <HI>Omnis homo e&s;t animal: Homo</HI> is the Subject, or the thing &s;een or remembred: <HI>Animal</HI> is the Predicate or Notion which comprehends <HI>Homo,</HI> which is the thing under&s;tood; and <HI>Animal</HI> does not only comprehend <HI>Homo,</HI> and all other Creatures which a man has &s;een or heard of, but all tho&s;e Creatures which he &s;hall ever &s;ee or hear of: And <HI>e&s;t</HI> is the <HI>Copula</HI> which unites the Subject <HI>Homo</HI> with the Predicate <HI>Animal.</HI></P>
<P><HI>Annot.</HI> When I &s;ay, the Subject is the thing &s;en&s;ible, or remembred, I always except Metaphy&s;icks and Mathematicks, which are con&s;idered without any &s;en&s;ible matter. And indeed it is an admirable thing to con|&s;ider, how intelligibly Mathematicks are under&s;tood without any &s;en&s;ible matter, more then any corporeal things are.</P>
<P N="62">62. It is truly ob&s;erved, that every perfect creature is generated from <NOTE PLACE="marg">Rational Sci|ence is pro|duced from the under|&s;tanding by the rea&s;on and memory, or outward &s;en&s;es.</NOTE> matter and form, diffu&s;ed in &s;everal bodies and creatures; and that this matter and form, &s;o long as it continues, thus diffu&s;ed in divers bodies, is never qualified for generation or production of any creature, until they be|come united into &s;ome place apted and di&s;po&s;ed for production, where from the benign influence of the Sun or cele&s;tial bodies, as from a more uni|ver&s;al and efficient cau&s;e, they evade into living creatures. Nor does this hold le&s;s true in the production or generation of all rational Science; for the Rea&s;on by it &s;elf without matter, cannot form, di&s;po&s;e, or define any thing. Nor does the outward &s;en&s;e or memory apprehend things otherwi&s;e then as &s;een, &amp;c. or remembred, not as formed, di&s;po&s;ed, or defined, &s;o as to be the &s;ubject of a Propo&s;ition. Since therefore the Rea&s;on cannot prepare, apt, or define, unle&s;s the Memory or outward &s;en&s;es &s;upply matter; nor the Memory without the Rea&s;on di&s;po&s;e, prepare, or define any thing &s;o as to be the &s;ubject of a Propo&s;ition; it does nece&s;&s;arily follow, that the Rea&s;on united or conjoined with the Memory, does prepare the &s;ubject of every Scientifical Propo&s;ition. But in every Scientifical Propo&s;ition, there mu&s;t be a Predicate, which comprehending the Subject, mu&s;t be under&s;tood. The Under&s;tanding therefore is the prime and efficient cau&s;e of all rational Science; and the Rea&s;on is the formal cau&s;e, which does di&s;po&s;e and pre|pare the matter in the Sen&s;es or Memory to be comprehended, judged, or di&s;cerned by the Under&s;tanding: And by con&s;equence, the Rea&s;on and Memory, or Sen&s;es, are but the In&s;truments by which the Under&s;tanding does generate and produce Science.</P>
<P N="63">63. Only Man can rightly infer and deduce particular Conclu&s;ions <NOTE PLACE="marg">Why only Man is a rea|&s;onable crea|ture.</NOTE> from univer&s;al Cau&s;es, and can direct his actions conformable to things in his under&s;tanding, (and not to his appetite and &s;en&s;es, which is common to all living creatures as well as man:) only Man therefore is a rational creature.</P>
<P N="64">64. All men naturally de&s;ire to know: And though by <HI>Ari&s;totles</HI> judg|ment, <NOTE PLACE="marg">By what means men attain to Sci|ence.</NOTE> all Science is begotten from preexi&s;tent Knowledge, which from things granted does demon&s;trate the Conclu&s;ions; yet mu&s;t there be &s;ome manner and method which men mu&s;t u&s;e, by which others as well as them|&s;elves may under&s;tand this, or that thing to be a Science, or &s;cientifical
<PB N="19" REF="28"> Conclu&s;ion. Men therfore mu&s;t propo&s;e that method which <HI>Euclid</HI> ob&s;erves, or all their &s;cience will be equivocal and ob&s;cure, <HI>viz.</HI> Fir&s;t to define all tho&s;e things of which his &s;cience is compounded, in &s;uch terms, that every &s;ingular or individual may be &s;o comprehended, that it may be wholly with all the parts of it contained in the definition, excluding every thing el&s;e: For if a man define a thing &s;o, that there be any &s;o much as equivocation in it, as that it does not &s;ignifie this only thus de&s;ined, but may &s;omething el&s;e; then of nece&s;&s;ity mu&s;t all the Science that bears a part of this definition, be equivocal and uncertain. And as the definition mu&s;t not be equivocal to &s;ignifie more then the thing defined, another thing as well as this; &s;o neither mu&s;t it &s;ignifie le&s;s, <HI>viz.</HI> any part of the thing defined, for the thing; for then all in which this thing is a part, will be infinitely deficient and imperfect.</P>
<P>Secondly, After the definitions, I require &s;uch things as no ingenuous man will deny: As, that I may adde, divide, multiply, convert, &amp;c. the&s;e things thus defined.</P>
<P>Thirdly, I &s;et down tho&s;e Axioms, Principles, <HI>Effata, Pronuntiata,</HI> Common Notions, or Indemon&s;trable Propo&s;itions, which are the fir&s;t cau&s;es of the Science, and do demon&s;trate all the Conclu&s;ions of it; but in them|&s;elves are indemon&s;trable, and for which no rea&s;on can be given, but only the good will and plea&s;ure of him that made them &s;o. And the&s;e Princi|ples mu&s;t be granted, before any man can by his Rea&s;on produce any Con|clu&s;ion. And if a man denies the&s;e Principles, all Argumentation is at an end; for, <HI>Contra negantem principia non e&s;t di&s;putandum:</HI> And no mans Rea&s;on can work upon nothing; nor prove, nor find out any thing, be|fore &s;omething be fir&s;t granted, by which a man may prove it, or find it out.</P>
<P N="65">65. I have known, and know many men, who have va&s;t memories, <NOTE PLACE="marg">Why &s;ome men are more phanta&s;tical then others.</NOTE> and very &s;trong phanta&s;ies, who notwith&s;tanding have been as unrea&s;on|able as any; and would never admit of any di&s;cour&s;e of any thing they fancied to them&s;elves, but upon a very &s;lender oppo&s;ition would fall into pa&s;&s;ion: And the rea&s;on is, becau&s;e they phancie things only becau&s;e they plea&s;e them, and do not under&s;tand them as true. And if any man &s;hews &s;uch a man &s;ome Con&s;equence which will not follow from what he phancies, or that it is incon&s;i&s;tible with &s;ome known univer&s;al Truth; then does he &s;eek to &s;upply with pa&s;&s;ion what he wants in rea&s;on, becau&s;e he is cro&s;&s;ed in what he de&s;ires &s;hould be true. Whereas men who under&s;tand, or de&s;ire to under&s;tand their <HI>The&s;is</HI> or Notion, not only take plea&s;ure that nothing can be inferred from it which is fal&s;e, and that it is not incon&s;i&s;tible with any thing true what&s;oever; but will be &s;o far from falling into pa&s;&s;ion with any man that oppo&s;es it, that they would thank any man, and take him for their friend, that can &s;hew them wherein, what they &s;uppo&s;e to be univer&s;ally true, is not; or that it is incon&s;i&s;tible with &s;omething which they &s;uppo&s;e to be univer&s;ally true. The Spirit of God &s;ays, <HI>He is a fool that rages and is confident.</HI> The&s;e light phanta&s;tical men, who will phancie things for truth, not becau&s;e they are &s;o, but becau&s;e they would have them &s;o, do not only rage when they are convinced that tho&s;e things they phancie for truth, are made to appear either but veri&s;imilitudes, or fal&s;hoods; but will take them for illwillers who convince them, and continue as confident in their fooli&s;h apprehen&s;ions, as before.</P>
<P N="66"><PB N="20" REF="29"> 66. As the levity of the Phanta&s;ie (which is always in agitation) ap|prehending <NOTE PLACE="marg">Why &s;ome men are more dull then o|thers.</NOTE> things without Rea&s;on, is the cau&s;e why men too &s;uddenly apprehend Veri&s;imilitudes for Truth; &s;o the want of Phanta&s;ie is the cau&s;e why many men of va&s;t memories, very &s;lowly apprehend the cau&s;e of any thing. Where the Phanta&s;ie is too light, there men apprehend or believe every thing for Truth, they affect or de&s;ire, and are &s;oon per&s;waded to any thing they are not wilfully prejudiced to. Where it is cra&s;s and dull, and moves &s;lowly, or as we &s;ay, where men are endued <HI>pingui Minerva,</HI> there men are hardly moved to under&s;tand any thing.</P>
<P N="67">67. Sen&s;ible Knowledge, is the retaining the Idea of things in the <NOTE PLACE="marg">What is Sen|&s;ible Know|ledge.</NOTE> memory, which before were in the outward &s;en&s;es. And there being nei|ther Rea&s;on nor Under&s;tanding to the attaining of this Knowledge, it is common to other Creatures as well as Man: <HI>The Ox knows his owner, and the A&s;s his ma&s;ters crib,</HI> &s;ays our Saviour.</P>
<P N="68">68. But all Cau&s;es from whence men do infer and di&s;cour&s;e, are not <NOTE PLACE="marg">Of Argumen|tation <HI>&agrave; Po&s;te|riori.</HI></NOTE> &s;o per&s;picuous, as are the Axiomes in Geometry, or the Laws of God and a mans Country. But &s;ome Cau&s;es are known to Nature, and not to us; as the Quadrature of a Circle; and what proportion (or <HI>ratio</HI> rather) the &s;ubtending &s;ide of an <HI>I&s;oceles</HI> right-angle Triangle, hath to one of the comprehending &s;ides. And &s;ome Effects are certainly known to us, but the Cau&s;es are not known, either to the under&s;tanding or outward &s;en&s;e; as, that Summer is hotter then in Winter, and that men are &s;ick and in|di&s;po&s;ed. I &s;ay therefore, where the Cau&s;es are but probable and conjectu|ral, whatever the Effect be, no Conclu&s;ion can po&s;&s;ibly amount any higher; for, <HI>Conclu&s;io &s;equitur deteriorem partem.</HI></P>
<P N="69">69. All Arts and Sciences are begotten from pre-exi&s;tent Principles, <NOTE PLACE="marg">No Art or Science ari&s;es from Argu|mentation <HI>&agrave; Po&s;teriori.</HI></NOTE> which are known to be nece&s;&s;arily true. But in argumentation <HI>&agrave; po&s;teriori,</HI> the Effects are only known to be, but not the Cau&s;es, which are only probable. No Art therefore, or Science, does ari&s;e from argumentation <HI>&agrave; po&s;teriori.</HI></P>
<P N="70">70. By the 38. Propo&s;ition, it is impo&s;&s;ible that any thing in the me|mory <NOTE PLACE="marg">No probable Conclu&s;ion ari&s;es from Experiment or Memory.</NOTE> or the outward &s;en&s;es &s;hould be judged, phan&s;ied, or concluded, but by &s;omething which was before in the under&s;tanding. Experiment therefore, memory, or the outward &s;en&s;es, which only apprehend the material forms and effects of things &s;een, &amp;c. cannot conclude any thing probably, any more then a dead body can move without life: be&s;ides, it is &s;o ridiculous, that I wonder every man does not deride it. Will any man &s;ay, a great Lout new whipt, is probably like to make a good Schollar, becau&s;e he hath made experiment of the &s;trokes of a Rod? or that the Fool in <HI>St. Jone&s;es</HI> is a wi&s;e fellow, becau&s;e he makes experiment of the power of the Sun by his every daies &s;leeping in the raies of it? Or that a Butcher is an excellent Philo&s;opher, becau&s;e he makes experiment of killing Cattel? And that ex|periment and memory does not move one &s;tep to the attaining of any proba|ble Conclu&s;ions; the Phy&s;itian or Philo&s;opher reads the lecture on the parts Anatomized, whereas the Surgeon di&s;&s;ects and makes the experiment. And if experiment were the only way to attain to probable conclu&s;ions in Phy&s;ick and Philo&s;ophy, then not the Phy&s;itian, but the Apothecary were the <NOTE PLACE="marg">There is no probable Conclu&s;ion, without Ex|periment or Memory.</NOTE> better Philo&s;opher.</P>
<P N="71">71. If by the 7. Propo&s;ition, the apprehen&s;ion of univer&s;al Cau&s;es, cer|tainly and nece&s;&s;arily true, in the under&s;tanding, cannot produce or prove
<PB N="21" REF="29"> any thing without the concurrence of particular cau&s;es; then in rea&s;on can|not probable cau&s;es of them&s;elves without the concurrence of particular cau&s;es, either known to the outward &s;en&s;e or remembred, produce any thing. I will not therefore give one ru&s;h for any Phy&s;itians, or Philo&s;ophers judgment, who is not an experienced man.</P>
<P N="72">72. There are &s;ome things which nature brings to pa&s;s, without any <NOTE PLACE="marg">From whence men attain to probable con|clu&s;ions.</NOTE> art or help of any Creature; others never without art and indu&s;try, as a Hou&s;e, and all Arts and Sciences. In the fir&s;t God is the great and only Opificer: And it is only He who made Man and all other Creatures (not meerly &s;piritual) of &s;uch principles, and &s;o compounded, that they every mi|nute tend to the re&s;olution of their fir&s;t principles; and yet in their thus dy|ing, &s;omething &s;hould generate in them, which &s;hould perpetuate the genera|tion of them in their &s;pecies, as they &s;hall dye in their individuals. Thus we &s;ee &s;ome &s;oyl brings forth (without any art or indu&s;try of man) Gra&s;s, Firr, Broom, &amp;c. Some is of a petrifying quality; in other are Mines of Silver, Gold, Coal, &amp;c. <HI>&amp; non omnis fert omnia tellus.</HI> Some men grow &s;ick, o|thers well, without any cau&s;e from them&s;elves: The&s;e cau&s;es therefore be|ing only known to God, there cannot be any demon&s;trative conclu&s;ion from them by men, becau&s;e the cau&s;es are not evidently and nece&s;&s;arily known. But although it be not Gods plea&s;ure that men &s;hould under&s;tand the cau&s;es of the&s;e things, &s;o as to conclude demon&s;tratively from them; yet as having made two lights of different &s;plendor, <HI>vix.</HI> the Sun and Moon, though men &s;ee clearly only by the light of the Sun, yet do men &s;ee, al|though ob&s;curely and but probably, by the light of the Moon; &s;o though men do not in natural Philo&s;ophy and Phy&s;ick from prime and nece&s;&s;ary cau&s;es, as from the light of the Sun, &s;ee &s;o as to conclude demon&s;tratively; yet hath not God always in the&s;e things totally &s;hut out all light from men, but they &s;ee as by the light of the Moon; and in Philo&s;ophy are The&s;es, and Aphori&s;ms in Phy&s;ick, from whence by the&s;e &s;en&s;es, memory and expe|riment, men proceed infinitely, and daily probably finde out things, which before were not &s;o.</P>
<P N="73">73. As in all Argumentation <HI>a priori,</HI> there mu&s;t be Principles a&s;&s;en|ted <NOTE PLACE="marg">No argumen|tation <HI>a Po&s;te|riori</HI> where Men agree not upon Principles.</NOTE> to, which mu&s;t be the rule and rea&s;on of the argumentation: and where men either by &s;tubbornne&s;s or defect of under&s;tanding, apprehend not Principles, there of nece&s;&s;ity can be no Art or Science taught; &s;o in argu|mentation <HI>a po&s;teriori</HI> men mu&s;t agree upon &s;ome The&s;es, or Aphori&s;ms, which mu&s;t be the rules of the argumentation; men may di&s;cour&s;e of the cau&s;es of things, and not improbably conclude, where they can make no experiments; (as in the cau&s;es of Meteors and Comets:) but no man can from all the experi|ment in the world conclude any thing, but from &s;omething in the under|&s;tanding which mu&s;t be a&s;&s;ented, and comprehend that thing of which the experiment was made. When therefore men by a defect in the under&s;tand|ing cannot apprehend The&s;es, or Aphori&s;ms, or by &s;tubborne&s;s they will not; there all argumentation in either Phy&s;ick, or Natural Philo&s;ophy, is at an end, and it is impo&s;&s;ible &s;uch men &s;hould either learn or be taught.</P>
<P N="74">74. Only man can by his rea&s;on from cau&s;es probable in his intellect, <NOTE PLACE="marg">Why only man attains conclu&s;ions <HI>a Po&s;teriori. Annot.</HI></NOTE> rightly infer and conclude the cau&s;es of things in the memory or outward &s;ences, only man therefore can attain probable conclu&s;ions, or concludge <HI>a Po&s;teriori.</HI></P>
<P>King <HI>James</HI> would affirm of his Hounds, that in their hunting they u&s;ed
<PB N="22" REF="30"> rea&s;on, for when they had overrun the &s;cent, they would return on both &s;ices of the path where they came, and if on neither &s;ide they hit the &s;cent off, they would run back, concluding becau&s;e it was not on, nor off on neither &s;ide, it mu&s;t nece&s;&s;arily be back where they came: But more narrowly look|ing into, this is not done of the Hounds by any rea&s;on, or acquired habit, but from an internal excited apperite moving them, as Birds make ne&s;ts, and Bees hony-combs, which they cannot but do at &s;uch times, but cannot at o|ther times, nor yet learn nor teach them other creatures, nay, nor of the &s;ame kinde with them&s;elves; take a Hare, Dear, or Fox, &amp;c. and let them be kept among Hounds in their kennel, or &s;o that the venatious appetite of them is not excited, and they will not meddle with them: whereas men do not acquire Arts and Sciences by any nece&s;&s;ary implu&s;e moving them, and only at &s;uch times when they cannot do otherwi&s;e: nor are they excited thereunto by any material outward object, but may learn and teach them o|ther men, and not upon nece&s;&s;ity, but upon all occa&s;ions as they &s;hall judge requi&s;ite.</P>
<P N="75">75. Since every conclu&s;ion does follow the weaker part of the premi|&s;es, and &s;ince in all conclu&s;ions <HI>a po&s;teriori,</HI> the effect is onely known to the <NOTE PLACE="marg">Things known to the outward &s;en|&s;es, are more evident then any probable conclu&s;ion.</NOTE> outward &s;en&s;es, and the cau&s;e but probable in the intellect; the conclu&s;ion cannot amount any higher then probable. But Men by their outward &s;en&s;es do apprehend things more then probably. Things therefore apprehended by the outward &s;en&s;es, are more evident then any probable conclu&s;ion; and by con&s;equence, no man will rea&s;onably di&s;pute probably again&s;t what ano|ther hath &s;een or felt, &amp;c.</P>
<P N="76">76. There is nothing &s;o much re&s;embles God, or Heaven, as Light; nor <NOTE PLACE="marg">Things known to the under&s;tand|ing, are more evident then to the out|ward &s;en&s;es.</NOTE> any thing &s;o much Hell, as Darkne&s;s. So incomprehen&s;ible is Light, that it cannot be defined. In all other things, the motions, actions, accidents, or pa&s;&s;i|ons happen in &s;ucce&s;&s;ion of time; only light <HI>diffunditur ab in&s;tanti.</HI> The rays and effluence of the Sun, notwith&s;tanding the immen&s;e di&s;tance of all the crea|ted bodies in the Univer&s;e, at the &s;ame in&s;tant of time, not only give light to them all; but their power and influence is the prime and efficient (at lea&s;t in&s;trumental) cau&s;e of the generation and pre&s;ervation of all corporeal crea|tures in them. If a man con&s;iders the Light of the little world Man, in the eye, (how it at the &s;ame time &s;ees (notwith&s;tanding the va&s;t interpo&s;ition of &s;pace) &s;o many and &s;o admirable works of the Creation;) it cannot le&s;s then beget an a&s;toni&s;hment in him, of the great power and goodne&s;s of God to|wards him; yet how infinitely &s;hort this outward vi&s;ible &s;ight of the eye is <NOTE PLACE="marg">Note the di|vine excellen|cy of the un|der&s;tanding.</NOTE> to the Divine Ray in the under&s;tanding, appears in this, that more is to be applyed to one principle known to the under&s;tanding, or to one demon&s;tra|tive conclu&s;ion from thence, then to the &s;ight or &s;ence of all the men of the world to the contrary: Should therefore all the men in the world affirm, <HI>That they had &s;een two things equal to a third, and not equal to one another; or that they had &s;een an Orthogonial Triangle, the &s;quare of who&s;e &s;ubtending &s;ide were not equal to the &s;quares of the comprehending &s;ides; or a right lined Triangle, who&s;e three angles were not equal to two right, &amp;c.</HI> yet would I a&s;cribe more to the truth of the&s;e thinge known to the under&s;tanding, and from thence truly de|mon&s;trated, then to the affirmation of all the men in the world; nay, &s;o ne|ce&s;&s;ary are the&s;e things, that God (who can annihilate all the Univer&s;e in a moment,) cannot make them otherwi&s;e; or &s;hould all the men in the world affirm, that <HI>I ought not to &s;erve God, nor honor my King and Parents, nor keep</HI>
<PB N="23" REF="30"> <HI>promi&s;e, nor give every man his due, &amp;c.</HI> yet more is to be a&s;cribed to the&s;e Laws engraven in the minde of every man, then to the affirmation of all the world to the contrary.</P>
<P N="77">77. Arithmetical proportion is, when three or four numbers are &s;o <NOTE PLACE="marg">The wonder|ful Harmony of the Facul|ties of the Soul.</NOTE> ordained, that they increa&s;e equally; the extremes added make the &s;ame number with the mean added or doubled, if the numbers be but three: As 3. 4. 5. 6. are in Arithmetical proportion, for they increa&s;e equally; and 3. added to 6. is equal to 4. added to 5. And &s;o 3. 5. 7. are in Arith|metical proportion, for they increa&s;e equally; and three added to 7. is equal to 5. doubled.</P>
<P>By <HI>Def.</HI> 4. <HI>lib.</HI> 5. <HI>Eucl. Proportio e&s;t rationum &s;imilitudo.</HI> And <HI>Def.</HI> 5. it mu&s;t con&s;i&s;t of three terms at lea&s;t, though indeed it mu&s;t of four: For where the terms are but three, the <HI>medium</HI> is iterated twice; as what pro|portion 4. hath to 6. 6. hath to 9. All Geometrical proportion is either di&s;crete, or continued. Di&s;crete is, when the <HI>&s;imilitudo rationum</HI> is only between the 1. and the 2. and the 3. and 4. term: As 2. 3. 4. 6. is in Geo|metrical di&s;crete proportion; for, the <HI>&s;imilitudo rationis</HI> of 3. to 2. and of 6. to 4. is the &s;ame, <HI>viz. &s;e&s;quialtera;</HI> but the <HI>&s;imilitudo rationis</HI> of 4. to 3. is not the &s;ame, it being <HI>&s;e&s;quitertia.</HI> In continued proportion, the <HI>&s;imilitudo rationis</HI> is the &s;ame in all the terms; as in 2. 4. 8. 16. the <HI>&s;imilitudo rationis</HI> of 4. to 2. and 8. to 4. and 16. to 8. is the &s;ame, <HI>viz. dupla.</HI> In all Geo|metrical proportion, the extremes multiplied into them&s;elves, produce the &s;ame number with the mean terms multiplied into them&s;elves.</P>
<P>Harmonical proportion, increa&s;es neither equally, nor proportionally; nor do the extremes added or multiplied, produce the like number with the mean: And yet in an admirable manner and &s;weetne&s;s do the extremes &s;o connect the mean, that the proportion of the greater extreme to the le&s;&s;er, is the &s;ame with the differences between the two greater and the two le&s;&s;er. As 2. 3. 6. increa&s;e neither equally, nor proportionally; nor is the mean number 3. added or multiplied, the &s;ame with the extremes 2. and 6. added or multiplied, but is in harmonical proportion; becau&s;e the difference be|tween 6. &amp; 3. the greater extreme, is triple to the difference of 2. &amp; 3. the le&s;&s;er extreme, which is the proportion between 6. &amp; 2. <HI>viz.</HI> triple. And if there be any variation of either of the extremes, all Harmony cea&s;es. All Harmonical proportion con&s;i&s;ts only in three terms.</P>
<P>As in Harmonical proportion the terms are nece&s;&s;arily three, &s;o are the Faculties of the Soul, <HI>viz.</HI> the Will, the Under&s;tanding, and Memory: And as the mean term in Harmony is &s;o placed, that if there be any exce&s;s or defect in either of the extremes, all Harmony cea&s;es; &s;o hath God placed the Under&s;tanding in a mean between the Will and Memory, that if there be any defect or exce&s;s in either, or both do not conform to the Under&s;tanding, all Harmony of good and prudent actions cea&s;es, and they become wicked and fooli&s;h.</P>
<P N="78">78. Experience, is the trial or apprehen&s;ion of things from the out|ward <NOTE PLACE="marg">Of Experi|ence and what Know|ledge ari&s;es from thence. <HI>Eth. lib.</HI> 9. c. <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"></NOTE> &s;en&s;es; and this is common to all &s;en&s;ible creatures, as well as man. And therefore, although according to the judgment of <HI>Ari&s;totle, Scientia</HI> be <HI>activa;</HI> and therefore being only in the immaterial object of the under|&s;tanding, it may be learned and taught without experience: yet Art being faction, as it is applicable to &s;ome material &s;ubject, cannot be taught with|out experience. Notwith&s;tanding <HI>de facto,</HI> from the outward &s;en&s;es only
<PB N="22" REF="31">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="23" REF="31">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="24" REF="32"> may many Conclu&s;ions in Arts be taught men, who apprehend them not from their cau&s;es, as we &s;ee in mechanical Handicraft-men, and Husband|men; yet I think no man will affirm them to be very under&s;tanding men, how experienced &s;oever they are. But that man who &s;hall go about of his own head to acquire Knowledge from Experience only, &s;hill be a Fool as long as he lives, and live to &s;ee mi&s;ery enough. That the con&s;equence of Experience may be taught irrational creatures, capable thereof as well as men, is every day &s;een in Hor&s;es, Dogs, and Hawks, &amp;c. who from &s;trokes, blandi&s;hment, and har&s;h words, are taught many things contrary to their natural di&s;po&s;ition.</P>
<P N="79">79. It is therefore evident, that neither the Principles of Arts and Sci|ences, <NOTE PLACE="marg">Conclu&s;ion.</NOTE> nor Arts and Sciences, nor any Conclu&s;ion <HI>&agrave; Posteriori,</HI> is to be en|quired into only from the Memory and Experiment, according to <HI>Ari&s;totle's</HI> and the <HI>Doctor's</HI> Judgment; but Science may be taught without Expe|riment: And that what is begotten from the Memory, Ob&s;ervation and Ex|periment, is common to all &s;en&s;ible creatures as well as men.</P>
<P>And whereas the Doctor &s;ays, <HI>That there can be no prudent and truly</HI> <NOTE PLACE="marg"><HI>Pag</HI> 29 <HI>de Gen. Anim.</HI></NOTE> <HI>knowing man, who by his own experience hath not throughly under&s;tood a thing to be &s;o; for, without that, we only have Opinion, and believe; but the Know|ledge is rather to be e&s;teemed other mens, then ours:</HI> I &s;ay,</P>
<Q>Felix quem fac<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">unt aliena pericula cantum.</Q>
<P>Let other men by experience know, that Laws hang, whip, and other|wi&s;e puni&s;h; I &s;ay, let the Knowledge be theirs, for all me. And in vain &s;hould all coun&s;el, advice, di&s;cour&s;e, and rea&s;oning be to any prudent man for the direction of his actions, if Experience only of our calamity be the true and onely way to attain to Knowledge. And though I be infinitely more in love with one Demon&s;tration <HI>&acirc; Priori,</HI> then it is po&s;&s;ible any other can be with any direct or probable Conclu&s;ion <HI>&agrave; Po&s;teriori;</HI> yet will not I therefore exclude all Argumentation <HI>&agrave; Po&s;teriori,</HI> but reverence both the memory of <HI>Ari&s;totle</HI> and the <HI>Doctor,</HI> as two of the mo&s;t eminent Philo&s;ophers of the Antients and Moderns, who by their learned Labors have tran&s;cend|ently well de&s;erved, both of the pre&s;ent Age, and &s;hall of all Po&s;terity.</P>
<Q>Si placet in Logica, nil vetat e&s;&s;e novum.</Q>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="observations">
<PB N="1" REF="32">
<HEAD>OBSERVATIONS UPON Mr. <HI>Tho. White</HI> Gent. his Grounds of Obedience and Government, Dedicated to his be&s;t Friend Sir <HI>Kenelme Digby.</HI></HEAD>
<DIV2 N="1" TYPE="ground">
<HEAD>The Fir&s;t GROUND.</HEAD>
<HEAD TYPE="sub">Wherein con&s;i&s;ts the Perfection of Government.</HEAD>
<P><LABEL>Author.</LABEL> _OUr Author begins and tells us, he hath learned a Le&s;&s;on in <HI>Cyropoedia</HI> (it will prove a &s;hort one, and yet more then is true) wherein <HI>Xenophon</HI> moves the Que|&s;tion, <HI>Why of all other living Creatures which are of different natures from Man, we ea&s;ily attain to the ma&s;tery and rule, but few Men are &s;o intelligent as to be fit to govern Men, and tho&s;e the worthie&s;t part of mankinde?</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Why, &s;ome body that hath bet|ter eyes then I, finde any &s;uch thing in <HI>Cyropoedia,</HI> as this la&s;t, <HI>but few Men, &amp;c.</HI> But our Author who hath made <HI>Xenophon</HI> &s;peak what he li&s;t, may be&s;t an&s;wer what he thinks good him&s;elf, which he wi&s;ely does, and &s;o makes up the fir&s;t Paragraph.</P>
<P>By the way, it is a marvellous thing that <HI>Xenophon</HI> a Heathen man, in his Proem, &s;hould in admiration recite tho&s;e very things of <HI>Cyrus,</HI> which God by that mo&s;t noble Prophet (extracted from the loins of Royal Ance&s;tors) foretold almo&s;t One hundred and fifty years before <HI>Cyrus</HI> was born, in the very name of <HI>Cyrus,</HI> which any man who compares this Proem with the &s;ix fir&s;t Ver&s;es of <HI>I&s;aiah,</HI> Chap. 45. may &s;ee.</P>
<PB N="2" REF="33">
<P><LABEL>Author.</LABEL> But our Author goes on and tells us, <HI>We need not look into Philo&s;ophy, nor &s;tudy learned Books, to know that the nature of man is inclined to have its own will, and ca&s;ts all things which are under his con&s;ideration to compa&s;s and effect it: As al&s;o every ordinary mans knowledge and con&s;ideration, is far beyond any we finde in other living creatures; and by con&s;equence, is far le&s;s ea&s;ily ma&s;terable then any of them.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> If God had not made Man a Rational and Intellectual Creature, and ingraven the Law of Nature in his minde, that he might conform and direct his Actions thereunto, but onely his Will to be the Rule and Rea&s;on of them, I &s;hould be content to &s;ub&s;cribe to what our Author &s;ays in this Paragraph; but indeed I &s;hall not ea&s;ily renounce all the&s;e to a&s;&s;ent to him.</P>
<P><LABEL>Author.</LABEL> <HI>Whence we may plainly collect, That were it po&s;sible for a Governor to make every &s;ingle Per&s;on in his Dominion under&s;tand particularly, that what was order|ed by the Government, was his own true&s;t Intere&s;t; &s;uch an one would be the mo&s;t ab&s;olute and perfect Governor; and infallibly would finde the charge of govern|ing mo&s;t ea&s;ie and &s;weet, as well to him&s;elf as &s;ubjects.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Our Author in the antecedent Paragraph makes Man inclined onely to have his will in all things: In this he tells us it is be&s;t for the Governor to make every individual &s;ubject to under&s;tand; which is to no purpo&s;e, if every man will have his will, and do onely in order thereunto.</P>
<P><LABEL>Author.</LABEL> Our Author to clear this ca&s;e, both in Rea&s;on and Experience, tells in the next Paragraph, <HI>Of driving a Wedge into a hard piece of Wood, and of Black&s;miths laying their Iron upon their Anvile in a &s;cituation below their Heads.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> He means &s;ure, &s;uch a po&s;ition be&s;t &s;orts with his di&s;cour&s;e. </P>
<P><LABEL>Author.</LABEL> <HI>Upon which Principle it is, that they who tutor Dogs, Hor&s;es, Elephants, and Hawks, knowing the ordinary attractive of Bea&s;ts to be meats, and &s;ome kinde of flattery, make them to under&s;tand to the proportion of their capacity, that to do the action they breed them for, gains them food: To which they joyn al&s;o certain motions of &s;troaking and gentle words, that make an impre&s;sion in the Bea&s;t of its own excellency, and that it plea&s;es its Ma&s;ter. In like manner to deter them from certain actions, Cudgels, whips, and har&s;h words are u&s;ed, which have a notabler efficacy then one could imagine, if he &s;aw it not by exerperience.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Our Author before having made Man onely to have Will, here makes Hawks, Bea&s;ts, and Bea&s;ts to have under&s;tanding; and by con&s;equence him&s;elf a verier Bea&s;t then Dogs, Hor&s;es, Elephants, and Hawks.</P>
<P><LABEL>Author.</LABEL> <HI>This (viz.</HI> Flattery, Cudgels, Whips, and har&s;h words) <HI>applied to mankinde, drives the effect home</HI> (and &s;ee his Rea&s;on) <HI>for Man being a Ration|al Creature, (who&s;e inclination is to work according to Knowledge) de&s;ires to know that the work pre&s;cribed him, is good.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Did ever any man hear that Flattery, Cudgels, Whips, and har&s;h words were to be applied to Man, becau&s;e he is a Rational Creature; and that from thence he de&s;ires to know, that the work pre&s;cribed him, is for his good? Indeed &s;tripes are fitte&s;t for the back of a Fool; it may be it is from thence our Author knows no other way of attaining his good. And here he makes Man to work according to the inclination of his Knowledge, and before of his Will. And I tell our Author, a Man may know his Ma&s;ters will, and not do it; and therefore a Mans Will and Knowledge are different things.</P>
<PB N="3" REF="33">
<P><LABEL>Author.</LABEL> Our Author concludes this Paragraph, <HI>That the Nature of Man is to be free; and to act whatever he does, becau&s;e it &s;eems be&s;t unto him.</HI></P>
<P>But in the next Paragraph he begins concluding, <HI>That to make Men work freely, is to determine their actions; and concludes, That if Rea&s;ons were &s;olid, when the Governor propo&s;ed them, &s;uch mu&s;t of nece&s;sity be for the most part the &s;equel.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Thus hath our Author learned new terms of Philo&s;ophy, which neither the Schools, nor <HI>Aristotle</HI> ever heard of, <HI>viz.</HI> Of determining Mens actions to make them work freely, and that nece&s;&s;ity is but for the mo&s;t part; the contrary of which is true in both, for nece&s;&s;ity is <HI>ad unum</HI> and determined, and freedom <HI>ad plura.</HI></P>
<P><LABEL>Author.</LABEL> Yet the&s;e are things of no con&s;ideration with our Author; but he goes on confidently, and in the next Paragraph tells us, <HI>Experience maketh this &s;ame as manife&s;t as Rea&s;on concludeth it;</HI> and then tells us <HI>of a Mother and Nur&s;e, and of a Sucking Childe, and gay things,</HI> and I know not what indeed, and nothing to the purpo&s;e; and at la&s;t concludes, <HI>That the perfection of Govern|ment agreed on by all hands, is to make the obeyer under&s;tand, that it is his own profit the action aims at.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Why, and I tell our Author, That to make the obeyer under|&s;tand that it is his own profit which the action aims it, is the next way to ruine this, or any other action which any Governor undertakes for the good either of him&s;elf, or the obeyer: For, Secrecy (the life of all actions and de&s;igns, a quality wherein Cardinal <HI>Richlieu</HI> was &s;o eminent) cannot be, if the obeyer mu&s;t be made to under&s;tand that it is for his good. Expe|dition for Performance, cannot expect a return of the Subjects under&s;tand|ing, whether &s;uch a thing conduces to their good or no: Be&s;ides, it is a madne&s;s for any man to go about to make another man under&s;tand, what is not po&s;&s;ible for him to do. Now Rea&s;ons and My&s;teries of State &s;o far tran&s;cend the capacities of Subjects in general, that it is impo&s;&s;ible for them to under&s;tand them; and one of the chief ends of all Government is, To &s;uppre&s;s Faction, and retain the governed in their Obedience. And the endeavoring to make the governed to under&s;tand, whether this or that be better for them, will probably divide them into Factions, about this and that (for Rea&s;on, God knows, but little will be found among&s;t them) to the danger and de&s;truction of one another. It is &s;ufficient for the obeyer to under&s;tand, that his Safety and Pre&s;ervation depends upon his Obedience, and that his ruine follows from his di&s;obedience: And what General of an Army (who hath but a &s;ubordinate power) who commands a party upon a de&s;ign, though to the peril of their lives, will expect a return from that party, That they do not under&s;tand that this de&s;ign is for their good? With more Rea&s;on ought a Supream Prince to expect obedience from his Subjects to his commands: Rightly therefore &s;ays <HI>Seneca, Nil mihi frigi|dius videtur, quam lex cum prologo, Jubeat enim non &s;uadeat lex.</HI> And <HI>Cicero, Cum legem dico, nihil a me intelligi volo quam imperium, &s;ine quo, &amp;c.</HI></P>
</DIV2>
<DIV2 N="2" TYPE="ground">
<PB N="4" REF="34">
<HEAD>The Second GROUND.</HEAD>
<P><LABEL>Author.</LABEL> That the Nature of Man reacheth not to the Per|fection of Government.</P>
<P><LABEL>Ob&s;erv.</LABEL> IT is true, That all Power in Government what&s;oever, which is not Legal or Eccle&s;ia&s;tical, is Natural; yet no Government or exerci&s;e of Power what&s;over is Natural, but Rational, Politick and Voluntary. Our Author therefore, who goes about to make all Power in Government, Politick and Voluntary, and Government to be Natural, is like to have a great task of it. Well therefore may he be lo&s;t in a wood, and cry out, It is impo&s;&s;ible for him to finde the way out, <HI>&amp;c.</HI> He is like a blinde man, who becau&s;e he is &s;o, would per&s;wade another that no body &s;ees; or like a man that hath lo&s;t his way, &s;ays, There is no &s;uch thing as the high Road: Sure he thinks no man can &s;ee but with our Authors eyes, or that it was &s;aid to him, as to <HI>E&s;dras, Accendam in corde tuo lucernam intellectus:</HI> Why, if he had learned his Le&s;&s;on a little further in his Ma&s;ter <HI>Xenophon,</HI> he would have told him, That to govern Men, was neither to be put into the number of tho&s;e things which could not be done, nor to be e&s;teemed hard to be done, if a man knowingly handle it.</P>
<P><LABEL>Author.</LABEL> Thus much for the Contents; and as for the Chapter, let any man &s;hew any one line of the nature of Man, or Government, what either of them is, or wherein this natural defect of Man in governing con&s;i&s;ts, and I &s;hall be ready (if our Authors my&s;teries tran&s;cend not my under&s;tanding) to be his Scholar: Nay in&s;tead thereof, he tells you of <HI>Childrens inability of judging, and of the gro&s;sne&s;s of the capacity of others.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> What though? will it follow, becau&s;e that many per&s;ons are Chil|dren and Fools, that therefore <HI>Tho. White</HI> mu&s;t never hope to be wi&s;er whil&s;t he lives?</P>
<P><LABEL>Author.</LABEL> Then he tells us, <HI>How mo&s;t &s;pend their time in bu&s;ine&s;s, and the Prince mu&s;t tru&s;t his Phy&s;itian, Mariner, Soldier, Lawyer, Cook, Brewer, Baker, and divers other Trades and Knowledges, which he hath no po&s;sibility to under|&s;tand &s;o perfectly as to be a ma&s;ter in them.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Our Authors meaning is, if he mean any thing, &s;ure, That the Prince is not &s;erved by the Phy&s;itian, Mariner, Soldier, Merchant, Cook, Brewer, Baker, <HI>&amp;c.</HI> but that he is governed by them: And if it be impo&s;&s;ible to &s;erve two Ma&s;ters, who equally command, how is it po&s;&s;ible for a Prince to obey, and &s;erve all the&s;e Ma&s;ters our Author makes him, which have the &s;upream power over him, the Cook, Brewer, or Baker, which are the under&s;orts of Governors, as he calls them <HI>Ground</HI> 8. And how can he be Prince, who mu&s;t be &s;ubject and &s;ubordinate to all?</P>
<P><LABEL>Author.</LABEL> Our Author goes on and tells us, <HI>Neverthele&s;s Nature does not recede wholly from her Principle, in thus &s;ubjecting one mans understanding to an|others, and the greater mo&s;t times to the le&s;&s;er; for it does not this otherwi&s;e, then by making the party &s;ubjected, &s;ee, it is his own good to tru&s;t anothers skill.</HI></P>
<PB N="5" REF="34">
<P><LABEL>Ob&s;erv.</LABEL> But if Government be &s;upernatural, as the Ground &s;aies, how can a man &s;ubject him&s;elf to another in that thing which was alike impo&s;&s;ible to him and the other? Nor is it le&s;s ab&s;urd to &s;ay, the party &s;ubjected may &s;ee it is his own good to tru&s;t anothers skill, when as the thing to be &s;een is invi|&s;ible, and above the &s;ight of one and the other.</P>
<P><LABEL>Author.</LABEL> Notwith&s;tanding this &s;ubjection our Author concludes, <HI>That the party &s;ubjected, is &s;till free and Ma&s;ter of his own action, and the commanding part of it.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Which is ab&s;urd and a contradiction; for a man cannot be &s;ubject and free to the &s;ame thing.</P>
</DIV2>
<DIV2 N="3" TYPE="ground">
<HEAD>The Third GROUND.</HEAD>
<P><LABEL>Author.</LABEL> That a rational Ground is nece&s;&s;ary to humane Action.</P>
<P><LABEL>Ob&s;erv.</LABEL> WHat our Author means by Rationality, I do not under&s;tand, nor I beleeve he neither; for rea&s;on mu&s;t pre&s;uppo&s;e &s;omething, before any mans Rea&s;on can operate; and this thing granted mu&s;t be &s;uperior to Rea&s;on, and the Rea&s;on of the Inference, Conclu&s;ion, or di&s;cour&s;e.</P>
<P><LABEL>Author.</LABEL> And <HI>page</HI> 180. our Author &s;aies, <HI>God has no irra|tional, or dead title over his Creatures.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> True, but though God has no irra|tional title over his Creatures; yet cannot God have a rational or derived title over his Creatures. For if it be rational, or derived, then would I know from whom is it derived? If it be ab&s;olute, and underived, then how can it be rational, or what can be the rea&s;on of it?</P>
<P><LABEL>Author.</LABEL> Well, but our Au|thor &s;aies, <HI>As he has none in him&s;elf, &s;o likewi&s;e has he not given any to tho&s;e he hath put in Authority.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> And I &s;ay, that if Authority be originally in God, from whence it mu&s;t be derived, then cannot it be an artificial or invented thing by our Author or any body el&s;e: And indeed I mu&s;t confe&s;s to our Author, that I can never hope for a rational belief, of ever under&s;tanding any one Propo&s;ition in this Third Ground; nor tell how to deduce one Propo&s;ition from it; I &s;hall therefore ob&s;erve nothing more upon it, then that this whole Chapter is a general Canting.</P>
</DIV2>
<DIV2 N="4" TYPE="ground">
<PB N="6" REF="35">
<HEAD>The Fourth GROUND.</HEAD>
<HEAD TYPE="sub">Of the vertue of Obedience, and wherein it con&s;i&s;ts.</HEAD>
<P><LABEL>Author.</LABEL> <HI>OUt of this we may ea&s;ily under&s;tand what Nature intends by the vertue of Obedience,</HI> (If any ingenuous man under&s;tands one Propo&s;ition out of it, I will &s;ubmit) <HI>and what are the limits and laws of it; For it is plain, that the immediate end is, that our works and all that concern us may be well done, even to tho&s;e things wherein our &s;elves have no skill, or not enough; and the more remote end to be atchieved by this, is that our life may be good and happy, and the end of nature arrived at by us.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Wi&s;ely &s;poke, <HI>Lucullus!</HI> It were worth an enquiring, whether this be a definition, notion, or propo&s;ition? But whether it be &s;ence or non&s;ence, our Author &s;aies it is ea&s;ie to be under&s;tood, not what Obedience is, but what the Laws and limits of it are? And then takes leave both of the Laws and limits of it, and &s;aies it is plain, that the immediate end is, that our works &amp; all that concerns us may be well done, even to tho&s;e things wherein our &s;elves have no skill, or not enough; and the more remote end to be atcheived by this, is, that our life may be good and happy, and the end of Nature arived at by us. So here are three ends, and all plain, <HI>viz.</HI> the Immediate end, the more Remote end, and the end of Nature; but where the ea&s;ie to-be-under&s;tood Laws and limits of Obedience are, or which of the three ends is the plain and immediate end of it, (and yet we our &s;elves to have no skill in tho&s;e things it concerns) is &s;ure an ea&s;ie to be under&s;tood, plain, and immediate end only to our Author, and no ratio|nal or intellectual creature be&s;ide.</P>
<P>What would our Author have? I cannot tell. Now becau&s;e a&s;well in <HI>Theologie</HI> as in <HI>Geometry, Phy&s;ick, Philo&s;ophy,</HI> and in all <HI>Arts</HI> and <HI>Sciences</HI> what&s;oever, there mu&s;t be <HI>quaedam postulata,</HI> &s;ome Axiomes and Principles given, which mu&s;t be &s;o plain and per&s;picuous, that no exception can be taken again&s;t them, and the&s;e <HI>Ari&s;totle</HI> calls <HI>Indemon&s;trable Propo&s;itions;</HI> for if there be any &s;o much as <HI>equivocation</HI> in any of them, the Conclu&s;ions and Inferences from them mu&s;t be infinitely more uncertain; And becau&s;e that <HI>Definitio est exclu&s;io aequivoci,</HI> before we proceed, let us define what obedience is: <HI>Obedience then is the conformation of ones will to the rules &amp; pre|cepts of his &s;uperior:</HI> As when a Creature conforms his will to the rules and precepts of God; or when a &s;ubject conforms his will to the Law of his <HI>So|veraign;</HI> or when a Son conformes his will to his Fathers Commands: This is Obedience, and he that does not obey, &s;ins.</P>
<P><LABEL>Author.</LABEL> Well our Author goes on and tells us, <HI>The Conditions are three.</HI></P>
<LIST>
<ITEM>Fir&s;t, <HI>That the matter of the action be &s;uch, as our &s;elves are not &s;ufficiently skilful in;</HI> and yet <HI>Ground</HI> fir&s;t, he &s;ays, <HI>The perfection of Government is to make the obeyer understand.</HI></ITEM>
<ITEM>Secondly, <HI>That our Commander be a Ma&s;ter in that Art.</HI></ITEM>
</LIST>
<P><LABEL>Ob&s;erv.</LABEL> Now how can I tell whether my Commander be skilful, in what I do not under&s;tand?</P>
<P><HI>Object.</HI> Why, he tells you in the precedent Ground, <HI>That I mu&s;t tru&s;t my Lawyer and my Phy&s;itian, though I be neither.</HI></P>
<PB N="7" REF="35">
<P> <HI>An&s;w.</HI> True, but I am not bound to this Lawyer, or that Phy&s;itian; but in ca&s;e of &s;ubjection, I am bound only to my Prince: Nor do I &s;in, if I follow not the advice of either; which I do, in not obeying my Su|perior.</P>
<P><LABEL>Author.</LABEL> Thirdly, <HI>That he be an Honorable per&s;on in whom we deal.</HI> </P>
<P><LABEL>Ob&s;erv.</LABEL> Our Author, no doubt, is a wi&s;e Fellow, and likely hopes that he or his Patron may be this Honorable per&s;on, when this Fu&s;tian &s;hall be acted. Now here let any man &s;ee, (if any thing may be collected out of this my|&s;tical non&s;en&s;e, or what follows hereon in the two next &s;ub&s;equent pages) whether our Author does not make Obedience to con&s;i&s;t on the Obligors part, in conformity to a delegate and &s;ubordinate power of their own making: As if I give my Servant power to receive my Rents, or my Bailiff power to over&s;ee and order my grounds, which my Servant and Bailiff do, that then I obey my Servant and Bailiff. Well therefore may our Author &s;ay, that it is a fallacious principle, to maintain <HI>Obedience to be a principal vertue,</HI> <NOTE PLACE="marg"><HI>Pag.</HI> 22.</NOTE> &s;ince he under&s;tands no better: Why then I will tell our Author, that, at wor&s;t, 'tis better then the <HI>Sacrifice of Fools,</HI> and therefore better then any thing he can &s;ay or do without it.</P>
<P>But how mean a thing &s;oever he makes Obedience here, yet he rarely keeps long in a mind to any thing; for, <HI>pag.</HI> 98. he &s;ays, <HI>We know, by con&s;e|quence,</HI> <NOTE PLACE="marg"><HI>Ground</HI> 12.</NOTE> <HI>how excellent a vertue this act of Obedience is; having a motive of &s;o great a price and high elevation above other ordinary employments, which reach no farther then to his private good.</HI> And then mo&s;t &s;en&s;ele&s;ly he confounds the offices of Command and Obedience; and as ab&s;urdly prefers the obedi|ence of the Commander, becau&s;e it is not commanded or limited, before the idiotical good of the Subject: ob&s;erving the &s;ame method in Obedi|ence, as he does in his Laws; &s;ometimes they are the Peoples Laws, which re&s;train their Supreme Tru&s;tee, or Governor; otherwhile they are the Tru&s;tees Laws, who may with our Authors licence at other times do what he li&s;t. Such plain, certain, and ea&s;ie to be under&s;tood things, are our Au|thors Laws and Obedience.</P>
<P><LABEL>Ob&s;erv.</LABEL> But oh, our Authors Will is &s;uch a thing, (as you know who rage and are mo&s;t confident) that by no means he will part with it: 'Tis all a ca&s;e to him, whether there be a King, or no King in I&s;rael; for he will do what is right in his own eyes. For our Author &s;ays, <HI>In renouncing the power</HI> <NOTE PLACE="marg"><HI>Pag.</HI> 25.</NOTE> <HI>of our Will, we renounce our Under&s;tanding al&s;o.</HI> Our Author for his part needs not fear it; but &s;ure he fears that if he do &s;o, (becau&s;e he cannot hope that he is qualified enough to be a Privy-Councellor) that he has bound him|&s;elf up from dabling with the <HI>Grounds of Obedience and Government.</HI> Why, he &s;hould do well to be of Coun&s;el with <HI>Adam</HI> again&s;t God, for the Devil and he agree in the &s;ame thing, <HI>viz.</HI> That it is not liberty enough for <HI>Adam</HI> to eat of the other trees of the garden in Eden; no, <HI>Adam</HI> mu&s;t not renounce his will and under&s;tanding too, in order to his chiefe&s;t good (the knowledge of good and evil) and making him&s;elf like unto God, by ta&s;ting the for|bidden fruit: To our Author it is not liberty enough, for the Subject to &s;quare his actions to the Laws and Rules of his Country; he mu&s;t not re|nounce his will, to be commanded by King or Laws, but mu&s;t have his will too in making of Laws. Now let our Author tell me, what a Government this is like to prove: Who will hold the plough, that is per&s;waded he may handle the &s;cepter? Who will live in an ob&s;cure cottage, that hopes
<PB N="8" REF="36"> he may govern at the helm? or eat his bread in the &s;weat of his brows, who may expect to fare deliciou&s;ly every day? And now let me tell our Author once for all, That humane Laws are made to retain Subjects in their obedi|ence, le&s;t a wor&s;e thing happen unto them. There mu&s;t be no &s;tarting out, or breaking loo&s;e from them: For, Laws are like the banks which encom|pa&s;s waters; if there be the lea&s;t hole in them, the banks will be blown up, and the waters lo&s;e them&s;elves.</P>
</DIV2>
<DIV2 N="5" TYPE="ground">
<HEAD>The Fifth GROUND.</HEAD>
<HEAD TYPE="sub">That Fidelity is different from Obedience, and wherein it con&s;i&s;ts.</HEAD>
<P><LABEL>Author.</LABEL> NOw &s;ome good body help a lame Dog over the &s;tile! Here we find our Author taking mon&s;trous pains, and in a great &s;weat; why what's the matter trow? What! Our Author undertakes to &s;hew, that <HI>Servants owe their Ma&s;ters no obedience, but fidelity only.</HI> And this he would prove by a mighty argument, <HI>viz. A man buyes a piece of Cloth or other merchandi&s;e of another, and pays for it; And therefore Servants owe their Ma&s;ters no obedience.</HI> And if this will not do it, his <HI>Ip&s;e dixit</HI> mu&s;t, or he lo&s;es an e&s;&s;ential ingredient towards the patching up of his Fools paradi&s;e.</P>
<P><LABEL>Ob&s;erv.</LABEL> Now herein our Author and I differ, (and I fear we &s;hall never agree in any thing:) Our Author will tru&s;t his &s;ervant, where he expects no obedience; and I will make my &s;ervant obey me, whenas (it may be) I will not tru&s;t him for a groat. And indeed our Author will do more for his &s;ervant, then I &s;ee in rea&s;on any man &s;hould do for him: For, <HI>pag.</HI> 141. he tells us, <HI>In pure Morality he may fal&s;ifie and break promi&s;e, if he &s;ave any thing by it, and is better then his word.</HI> I &s;hall &s;ay no more in an&s;wer to this Ground, but object the authority of the Holy Gho&s;t again&s;t it, <HI>Ephe&s;.</HI> 5. 6. <HI>Servants be obedient to them that are your Ma&s;ters according to the fle&s;h, &amp;c.</HI></P>
</DIV2>
<DIV2 N="6" TYPE="ground">
<HEAD>The Sixth GROUND.</HEAD>
<HEAD TYPE="sub">In what con&s;i&s;ts Right or Due.</HEAD>
<P><LABEL>Author.</LABEL> HEre our Author &s;ays, <HI>The next Con&s;ideration may appear too Meta|phy&s;ical a Nicety for a Moral Treati&s;e:</HI> Yet he armed <HI>Cap-a-pe</HI> in compleat Ignorance, valiantly attempts it, and will tell you of I know not what, of <HI>Rea&s;on, which takes nothing to be good, but what is good for a mans &s;elf; and makes it the rule of his actions, to do what is fitting for him, or conformable to his, that is, to a Rational nature. But this is a rule by which he treats Hor&s;es, Dogs, Trees, and Stones, &amp;c. and runs through all his actions.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Well: But &s;ince the men of this world were never more unrea&s;on|able, and every man &s;o pretending to Rea&s;on, and yet no man almo&s;t can
<PB N="9" REF="36"> tell what he means by Rea&s;on, let us &s;ee what <HI>Ratio,</HI> Rea&s;on is; and what Rea&s;oning is; and why Man is onely &s;aid to be a rea&s;onable creature. Rea&s;on is properly that power of the &s;oul, by which a Man is di&s;cerned from other living creatures, and by which he does excell and command them: By <HI>Horace</HI> it is put for the rea&s;oning and di&s;cour&s;ing of the &s;oul, for finding out what is true; <HI>Ratio ponitur pro ratiocinatione &amp; di&s;cur&s;u animi, ad inve&s;tigandum verum. Cicero lib.</HI> 2. <HI>ad Heren. Ratio e&s;t cau&s;a quae demon&s;trat verum e&s;&s;e id, quod intendimus brevi &s;ubjectione;</HI> Rea&s;on is the cau&s;e which &s;hews that thing to be true, which we intend in a &s;hort view: And Rea&s;on is many times equivocally u&s;ed for Coun&s;el, as <HI>Cicero in Verr. Mea quidem ratio, cum in praeteritis rebus e&s;t cognita, tum in reliquis explorata &amp; provi&s;a e&s;t;</HI> My coun&s;el is as well known in things pa&s;t, as throughly tried and provided in other things. Sometime for Re&s;pect; <HI>Habenda e&s;t ratio honoris,</HI> Men ought to re&s;pect their honor. Sometime for Care; <HI>Habenda e&s;t ratio rei familiaris,</HI> Men mu&s;t look after their hou&s;hold-affairs. Sometime for Bu&s;ine&s;s; <HI>Rationem habet cum terra, quae nunquam recu&s;at imperium,</HI> He bu&s;ieth him&s;elf with his land which never di&s;obeys him. Thus far <HI>Calapine.</HI> Sometime it is taken for Account, <HI>Lu.</HI> 16. 2. <HI>Redde rationem villicationis tuae,</HI> Give an account of thy Steward&s;hip. <HI>Ratio,</HI> in the third Definition of the fifth Book of <HI>Euclide, e&s;t duarum magnitudinum eju&s;dem generis, mutua quaedam &s;ecundum quantitatem, habitudo:</HI> Rea&s;on is a certain mutual habit, of two magnitudes of the &s;ame kind after their quantity: As when two Quantities of the &s;ame kind, two Numbers, two Lines, two Superficies, two Solids, &amp;c. are compared one to another, ac|cording to their quantity, that is, accordingly as one is greater, le&s;s, or equal to another; this compari&s;on or mutual habit of one to another, was by Geometricians called <HI>Ratio.</HI> But now, I know not by what habit or cu&s;tom, <HI>Proportio,</HI> (which definition 4^o <HI>lib.</HI> 5. <HI>Euclid.</HI> is, <HI>Rationum &s;imili|tudo;</HI> And definition 5, con&s;i&s;ts in three terms at lea&s;t, for indeed it mu&s;t con&s;i&s;t in four; for where it is in three, the <HI>medium</HI> is iterated twice, as what proportion four hath to &s;ix, &s;ix hath to nine, &amp;c.) hath eaten the former quite up, and is only u&s;ed.</P>
<P>Or take Rea&s;on thus: Rea&s;on is that by which men from given Prin|ciples, do rightly infer and deduce Conclu&s;ions. And Rea&s;oning is two|fold, either <HI>&agrave; priori,</HI> or <HI>&agrave; po&s;teriori: A priori,</HI> from the cau&s;e, nature, and mat|ter of nece&s;&s;ary truths, to &s;hew what effects follow from thence; and &s;uch Propo&s;itions are called demon&s;trative or &s;cientifical, &s;hewn and known from the Cau&s;es; &s;uch are all Propo&s;itions in Geometry and Mathema|tiques: Or when the Effect is certain, and the Cau&s;e probable; and the&s;e are but probable Conclu&s;ions, &s;uch as tho&s;e in Philo&s;ophy and Phy&s;ick. As I would know the rea&s;on why Summer is hotter then Winter, for &s;o I find it to be; why, thus I rea&s;on: It cannot be from the propinquity of the Sun to the Earth, in Summer more then in Winter, for the Earth is but a Point in proportion to the Univer&s;e; be&s;ides, the Sun is nearer to the Earth in Winter then in Summer, for the <HI>Orbis magnus</HI> is not Spherical or Circular, but Eccentrical and Elliptical, which is plain, becau&s;e the revo|lution of the Earth, or the Suns motion, is fini&s;hed in le&s;s time from the Autumnal Equinox to the Vernal, then from the Vernal to the Autumnal, and therefore nearer to the Earth in Winter then in Summer. It is not then from the Suns nearne&s;s to the Earth, which makes the Summer hotter
<PB N="10" REF="37"> then the Winter; I find, that the higher the Sun ri&s;es in our Horizon, that is, the nearer it comes to our Zenith when at the Meridian, the hotter it is: I therefore probably conclude, that the heat in Summer is cau&s;ed from the reflexion of the Sun; and the nearer the <HI>radii</HI> are reflected to right angles, the hotter it is; and the more obliquely they are reflected, the colder it is. Or as when a Phy&s;itian from the &s;ymptoms of his indi&s;po&s;ed Patient, en|deavors to find out the cau&s;es of his di&s;temper, &amp;c. this is rea&s;oning <HI>&agrave; po|&s;teriori,</HI> from the effect to find out the cau&s;e: And men may rea&s;on from uncertain and fal&s;e Principles, as well as true, but then always the Conclu&s;i|ons are &s;o. And therefore all <HI>Clavius</HI> his Demon&s;trations in his Practical Geometry, and at the end of the &s;ixth Book of <HI>Euclid,</HI> of the Quadrature of a Circle, though the Demon&s;trations be truly deduced, are uncertain, becau&s;e it does not certainly appear, That from the imaginary motion of the two right lines he there &s;peaks of, the Quadratrix line does cut the Ba&s;e &s;o, that the &s;ide of the Quadratrix is a mean proportional between the Ba&s;e and the Arch of the Quadrant. And the Inferences and Conclu&s;ions which have cau&s;ed &s;o much confu&s;ion and di&s;traction in the&s;e times, are drawn from feigned and fal&s;e Principles. But in all true Propo&s;itions what|&s;oever, no rea&s;on can be given for the fir&s;t grounds and principles of them, but only the will of the great Creator of all things, who therefore &s;o made them, becau&s;e it &s;o &s;eemed good unto him.</P>
<P>Of all the creatures upon earth, Man only is rea&s;onable, for Man only contemplates God, and looks up to heaven, as thence expecting his be|atitude. <HI>Ovid. Metam.&mdash;</HI></P>
<Q><L>Pronaque cum &s;pectant anamalia caetera terram,</L>
<L>Os homini &s;ublime dedit, coelumque tueri</L>
<L>Ju&s;sit, &amp; erectos ad &s;ydera tollere vultus.</L></Q>
<P>And a little after,</P>
<Q><L>Sanctius his animal, mentisque capacius altae</L>
<L>Deerat adhuc, &amp; quod dominari in caetera po&s;sit,</L>
<L>Natus homo est&mdash;</L></Q>
<P>Only Man, from univer&s;al cau&s;es, can by Rea&s;oning (the faculty of his under&s;tanding and memory) rightly infer and conclude from them; only Man has freedom in his will of doing, or not doing, and may (if it be not his own fault) in all his actions, let his Will be informed by his Under|&s;tanding and Rea&s;on: whereas other Creatures do all things &s;pontaneou&s;ly, that is, by an impul&s;e of Nature, as they are moved by their objects or fears. Therefore only Man does well, and only Man does ill; and only Man is happy, and only Man is mi&s;erable.</P>
<P><LABEL>Author.</LABEL> But our Author goes on and tells you <HI>of a Tailor and a Mariner,</HI> and I know not what indeed, and concludes, <HI>That now not the nature of two men, but their words and what follows out of them, ground their being active and pa&s;sive: This power of activity is in Latine called</HI> Jus <HI>or</HI> Ju&s;tum; <HI>in Engli&s;h, Right or Due.</HI> Our Author &s;ays before, <HI>He that makes a promi&s;e to another man, puts him&s;elf and his Promi&s;&s;ary into a rank of agencie and patiencie, upon a new &s;core, to wit that of Fidelity and Negotiating.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Did ever man huddle up &s;o much in&s;ignificant bumba&s;t as here is, or who in this world did from hence ever claim any Right or Property in any
<PB N="11" REF="37"> thing? Well, let us &s;ee then what we under&s;tand by <HI>Right or Due.</HI> Right or Due, is what any Man or company of Men claim to be his or theirs, ex|cluding all their fellow-Subjects. And this Right, Due, or Property, we no where find to be given by God immediately to any Man or Men, but only the Land of Promi&s;e to the Children of <HI>I&s;rael,</HI> the Portion of who&s;e Inheritance fell to them by Lot. And by nature no Man has any property in any thing, more then another, if it be true as <HI>Cicero</HI> &s;aies, <HI>Privata nulla natura.</HI> And <HI>Horace,</HI></P>
<Q><L>Non propriae telluris herum natura nec illum</L>
<L>Nec me, nec quenquam &s;tatuit.</L></Q>
<P>What then gives it but the Law or Supreme Power of the Nation? for <HI>Martial, Hoc lege quod po&s;sis dicere, jure meum e&s;t.</HI></P>
</DIV2>
<DIV2 N="7" TYPE="ground">
<HEAD>The Seventh GROUND.</HEAD>
<HEAD TYPE="sub">Why Men de&s;ire to live in Community, and of the nece&s;&s;ity of Government.</HEAD>
<P><LABEL>Author.</LABEL> HEre our Author tells us Fir&s;t, <HI>It is fit to under&s;tand why Men de&s;ire to live in Flocks and Multitudes.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now would I know of our Author, what the&s;e Men are, and where to be found, who de&s;ire to live &s;o? Or when did Men ever in the World in any place, either live, or de&s;ire to live &s;o? Indeed it is a received opinion, that Man is born a living Creature, apt and fit for &s;ociety; the Greeks called him <GAP DESC="foreign">, but indeed no Man does naturally de&s;ire the &s;ociety, company or conver&s;ation of another Man, be|cau&s;e he is a Man; and therefore Men do not, nor ever did live promi&s;cu|ou&s;ly in flocks and multitudes (as our Author &s;aies) without &s;ubordination one under another; but in any the meane&s;t and mo&s;t contemptible Family that ever was, the company are not all alike to one another, as tho&s;e are which live in flocks and herds, &amp;c. But becau&s;e no Infant can live, nor any Man live well without the help of another, naturally there is in every Man a &s;olitude how to live, and &s;o to live that his living be not a burden, or trouble&s;om to him. Man does not therefore de&s;ire the company or &s;ociety of others as men (for then he would de&s;ire the company and &s;ociety of all men alike, of Good, of Bad, of Vertuous, of Vicious, of Servants and Vile, as well as Noble and Generous) but accidentally as expecting Profit, Honor, Knowledge, &amp;c. from him or them with whom he con&s;orts or a&s;&s;ociates him&s;elf. And therefore on the Exchange, in Faires, Markets, &amp;c. Men do not Meet &s;o as only to &s;ee one another, and to make up &s;uch a Herd, for then they would meet in other places as well as there, but that from their buying and &s;elling and their exchanging of Merchandi&s;e, they may derive from thence profit to them&s;elves. It is an admirable thing to &s;ee what a &s;trange Ingenuity there is in tho&s;e men, in acquiring tho&s;e things from other places, which Nature (by the &s;teri|lity, negation, &amp;c. of their own Country, (for <HI>Non omnis fert omnia tellus,)</HI>
<PB N="12" REF="38"> hath deprived them of, above tho&s;e Men who abound in their own, and are carele&s;s to &s;eek to &s;upply their defects from otherwhere; as we &s;ee in <HI>Holland</HI> and <HI>Zealand,</HI> the Corn, Butter, and Chee&s;e made in both tho&s;e Provinces will not maintain the twentieth part of the Inhabitants: yet when did ever any man here in <HI>England</HI> &s;ee Corne, &amp;c. dear, but we were &s;upplied from thence? and what place in the World is there, which though above twenty times bigger then both tho&s;e Provinces, is equal to them in &s;hipping, and yet have &s;carce a &s;tick of wood growing in either?</P>
<P>And men prefer that &s;ociety wherein they &s;uppo&s;e them&s;elves honored and e&s;teemed, before that wherein they think them&s;elves &s;lighted and neg|lected; and where Youth and Vigor do abound, there Men &s;eek to them who will con&s;ort to them in Hunting, Hawking, Shooting, &amp;c. as they affect this and that for their exerci&s;e: And vitious Men will endeavor to find out &s;uch &s;ociety as will excite and accompany them in tho&s;e vices to which they are prone: And becau&s;e only Ingenious Men Philo&s;ophize, there|fore Ingenious Men will not willingly con&s;ort them&s;elves, but with them from whom they expect either to learn, or to be e&s;teemed more Ingenious or more learned then any in the company; For naturally every Man de|&s;ires that from conver&s;ing with another, he may draw more Profit, more Honor, more Plea&s;ure, more Learning, &amp;c. to him&s;elf; and when he has &s;o done, he is &s;o far from being &s;atisfied therewith, that he be|takes him&s;elf to &s;olitarine&s;s how to increa&s;e what he has got into more, which no other creatures which live in companies doe, but when they have eaten up all in one place, &s;eek where they may devoure it in ano|ther.</P>
<P><LABEL>Author.</LABEL> Our Author goes on and tells us, <HI>The first community is of Man and Wife,</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Our Author is the fir&s;t man that ever I heard of who de&s;ired to hold his Wife in common.</P>
<P><LABEL>Author.</LABEL> Our Author afterward tells us, <HI>That the first Origine of Mens meet|ing and living together, is, that Men are mo&s;t burthen&s;ome to them&s;elves when they are alone, and &s;eek company to divert them&s;elves, &s;o to elude the length of time.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So that he who cannot tell what to do, but is a burthen to him&s;elf, may keep company with our Author &s;o to foole away the time. I have &s;een many Chandlers Bills with all <HI>Items</HI> in them, but never &s;aw any Section mangled with three <HI>Fir&s;ts</HI> altogether, but here in our Author.</P>
<P><LABEL>Author.</LABEL> Now our Author is got loo&s;e from his Fir&s;ts, and arrived at the next, which is, <HI>That God and Nature have &s;o managed mankind, that no one has of him&s;elf as much as he de&s;ires, but regularly aboundeth in one kind of goods, and wants &s;ome other which his neighbour has.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now, who is he of whom our Author &s;peaks? Why, one of his rati|onal multitude (as he calls them by and by) before they have cho&s;en a Tru&s;tee; what's here to doe? Why his rational multitude have all things in common one with another, no one abounds in any one thing more then another, but are like &s;wine feeding, eating, and promi&s;cuou&s;ly herding together, or a kennel of Hounds devouring a dead Hor&s;e, who have it all in common, yet no Dog any more right to any piece of the Hor&s;e than another, but as he gets it and eats it.</P>
<P><LABEL>Author.</LABEL> In the third place comes Fear: <HI>For he that finds him&s;elf &s;tored with tho&s;e</HI>
<PB N="13" REF="38"> <HI>things which he and others love, is &s;ubject to feare tho&s;e whom he &s;u&s;pects able to bereave him of them, and &s;o &s;eeks company of friends for protection.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now would I fain know of our Author, how this Man of his Rational Multitude came by the&s;e things, he &s;o fears to lo&s;e? Why, has not any of his Multitude as much Right to them as he? Sure he mu&s;t have &s;ur|reptitiou&s;ly cheated or &s;tollen them from the re&s;t of the Rational Multi|tude, for I cannot &s;ee what other Right he can have to them; It may be though it is not too Meaphy&s;ical a nicety for a Moral Treati&s;e, and our Author can re&s;olve you; and let the Reader read on and &s;ee, how he prefers the pa&s;&s;ion of Love before that of Feare, which he &s;aies <HI>agrees both with Philo&s;ophy and Morality,</HI></P>
<P><LABEL>Author.</LABEL> Now our Author got within &s;ight of Land, there's now nothing want|ing but that the Rational Multitude name their <HI>Trustee, who ought rather to be a good and a wi&s;e Man, then a Foole and Knave,</HI> and our Authors Go|vernment is perfect; yet for feare le&s;t no Man but &s;hould under&s;tand it, in conclu&s;ion he tells you, <HI>You &s;ee Government is naturally a Power of di|recting the Common Affaires of the Multitude, by a voluntary &s;ubmi&s;sion of the Communities wills to their Governors.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now will I be burnt if ever any Man proclaimed him&s;elf &s;uch a Cock&s;|comb as our Author does all along this ground; In his Three Fir&s;ts, then in his holding his Wife in Common, in his Care and Feare for the goods of the Individuals of his Rational multitude, who po&s;&s;ibly could have none at all, and now by the giving up of theirs to the will of their Governor, which thing <HI>(Ground</HI> 4.) <HI>he cannot &s;ee how it can be plea&s;ing to God,</HI> <NOTE PLACE="marg">Pag. 24.</NOTE> nay he tells you, <HI>'tis like a Mans mangling him&s;elf, or</HI> Origens <HI>guelding him&s;elf, or</HI> Simeon Styletes <HI>chaining him&s;elf to a Hill, that he might not go thence for Gods &s;ake:</HI> But it may be our Author has a help at Mawe; for our Author <HI>Ground</HI> 8. &s;aies, <HI>It is evident by this Re&s;ignation of the Peoples will, the Magistrate receives &s;uch an activity and power, as he has explicated before, did ari&s;e out of a mans promi&s;e to his Neighbor.</HI> So then, a Man may mangle him&s;elf, <HI>Origen</HI> may gueld him&s;elf, and <HI>Simeon Styletes</HI> may chain him&s;elf up to a Hill, though not for Gods &s;ake, yet &s;o far as it does ari&s;e from their promi&s;e to their Neighbor. </P>
<P><LABEL>Ob&s;erv.</LABEL> But unle&s;s a Man &s;hould affect mi&s;taking; I think of all men, our Author is mo&s;t accur&s;ed to it; for now he makes his Rational Multitude a people, when they have made their Tru&s;tee or Supreme Governor; whereas, other Men alwaies under&s;tood by the people, them who had a&s;&s;umed the Supreame Power in them; As when a Man &s;aies, the People of <HI>Athens</HI> or <HI>Rome,</HI> he meanes them in whom the pretended Supreame Power was, and by the Multitude he means, them in whom the Supreame Power was not.</P>
<P><LABEL>Author.</LABEL> Now is our weary <HI>Trojan</HI> arrived at his wi&s;hed &s;hore, having &s;ung his <HI>Paean</HI> and erected a <HI>Trophy,</HI> &s;ays, <HI>No moderate and di&s;creet per&s;on can doubt, but a Government &s;o ordered, is both nece&s;&s;ary and connatural to a rational mul|titude, and in a word, &s;uch as Humane nature requires, and is the be&s;t, if not the onely that &s;utes to the di&s;po&s;ition of freemen and prudent.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Yet &s;ure, if after all this glorious boa&s;t, this Peacock but looks upon his feet, he will let fall his tail; for his <HI>Second Ground</HI> is, <HI>That the nature of Man reacheth not to the perfection of Government:</HI> But what does our Author here mean by <HI>Freemen?</HI> if by Freemen he under&s;tands men free to do what they li&s;t, then our Author leaves them as he found them, and has done
<PB N="14" REF="39"> nothing at all; but if the&s;e Freemen be &s;ubject to their Tru&s;tee &s;o far as he apprehends it fit and nece&s;&s;ary for the good of the Commonwealth, then I believe we &s;hall finde them as very &s;laves as any our Author <HI>(Ground</HI> 9.) makes: So that after all this ado, our Author has made a multitude of &s;laves, or he has made nothing at all.</P>
<P>And thus hath our Author endeavored to &s;hew, why men de&s;ire to live in Community, <HI>viz.</HI> By having nothing common at all.</P>
</DIV2>
<DIV2 N="8" TYPE="ground">
<HEAD>The Eighth GROUND.</HEAD>
<HEAD TYPE="sub">Of the Authority given to an Ab&s;olute Governor, and of &V;nder-&s;orts of Government.</HEAD>
<P><LABEL>Author.</LABEL> NOw comes our Author with a dog in a line, <HI>his Ab&s;olute Governor tyed up to certain Laws and Limits, which he has no right to tran&s;|gre&s;s.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> What is this our Authors <HI>Ab&s;olute Governor?</HI> Why, the <HI>Roman Di|ctator</HI> was worth ten of this; for he had power of life and death, of di&s;|po&s;ing of all Offices at his own will and plea&s;ure, without the controlment of any either Senate or People, Con&s;ul or Tribune, and this power to con|tinue during the exigence and danger of the Commonwealth. Yet &s;o far was the <HI>Dictator</HI> from being an ab&s;olute Governor, that he was the while but a Mini&s;ter of the Peoples; which was plain in <HI>Fabius Maximus,</HI> for <NOTE PLACE="marg"><HI>Plutar. in vita Fabii &amp; Liv. lib.</HI> 22.</NOTE> though he were cho&s;en <HI>Dictator,</HI> yet during the danger of the Common|wealth, the People made <HI>Minutius</HI> equal to him. And &s;o was the <HI>Athenian Archon,</HI> who though cho&s;en for Ten years and called a Judge, and chiefe&s;t of power in the Commonwealth, yet as <HI>Bodin</HI> ob&s;erves <HI>cap.</HI> 8. <HI>fol.</HI> 80. <HI>de repub.</HI> was not the Maje&s;ty of the Commonwealth in him, but he a Provider and Procurator of the People, and was bound to give an account of his Go|vernment. And the rea&s;on why the <HI>Dictator</HI> and <HI>Archon</HI> were not ab&s;olute Governors, is plain, becau&s;e this power was not immediately in them from God, but delegate and con&s;tituted from another; And any power that makes any thing, may alter it; for, <HI>Unumquodque di&s;&s;olvi pote&s;t eo ligamine quo ligatum e&s;t.</HI></P>
<P>Well, but let us &s;ee what manner of bea&s;t our Authors <HI>Ab&s;olute Governor</HI> is. Why, our Author tells you, he is an <HI>Ab&s;olute Governor, but re&s;trained and tied up to certain Laws and Limits.</HI> Which is a contradiction and im|po&s;&s;ible; for in being ab&s;olute, he is freed from all Laws and Limitations. And now I will tell our Author, that if his ab&s;olute Governor be tied up to any humane Limits or Laws, he has &s;o little power, that it is impo&s;&s;ible for him to protect and defend his rational people: For &s;uppo&s;e the Laws he is re&s;trained to, be as many as are contained in the body of the Civil Law, our Statutes, and all the Acts and Ordinances made &s;ince 1641. and twenty times more, yet would not this be &s;ufficient for an ab&s;olute Gover|nor: For all the&s;e are finite, and mens actions are infinite; and therefore Enemies may find out &s;uch ways to invade this free people, as this ab&s;olute Governor cannot find in his Laws, where he has power to oppo&s;e them;
<PB N="15" REF="39"> and &s;o this rational freeborn people mu&s;t be left de&s;titute, if any Enemy may be found who can outwit them, and find a way to oppre&s;s them out of the Laws and Limits which they have given their ab&s;olute Governor. And who will de&s;ire any greater advantage again&s;t another, then to have him look always one way? or what Enemy de&s;ires more again&s;t another, then again&s;t &s;uch a one who&s;e ab&s;olute Governor is tied up to certain In|&s;tructions, and tho&s;e known to them&s;elves? And Laws are things which mu&s;t be <HI>in e&s;&s;e;</HI> And how can any man tell to day, what may happen to morrow? but Princes mu&s;t to morrow, and next day, and every day, &s;teer their cour&s;e according as the wind and &s;torms, &s;hoals and deeps, &amp;c. repre|&s;ent them&s;elves, which no man can po&s;&s;ibly fore&s;ee.</P>
<P>Well, let us &s;ee what the re&s;triction of any one thing in the <HI>Supream Prince,</HI> may bring upon him&s;elf and Subjects? Let us look upon a <HI>King of England</HI> after the Act of Parliament, <HI>De tallagio non concedendo</HI> (an Act of Parliament, is the Act of the King in Parliament, As when the Lords and Commons pre&s;ent any Bill to the King, and he pa&s;&s;es it; this is an Act of Parliament, which is no more a Law of the Lords and Commons, then the Laws pa&s;&s;ed at the Petition or Rogation of <HI>Coelius, Ca&s;sius, Sempronius, &amp;c.</HI> were the Laws of <HI>Coelius, Ca&s;sius,</HI> and <HI>Sempronius.)</HI> And let every King expect, that what&s;oever the Subject can get of the King <HI>by hook or crook,</HI> he will hold that as fa&s;t, as the King &s;hall any flower he leaves in his Crown.</P>
<P>Well then, if <HI>Edward</HI> the Fir&s;t will not pa&s;s this Law, he gets not a groat of his Subjects in <HI>England</HI> towards the relief of his oppre&s;&s;ed Subjects of <HI>Aquitain</HI> in <HI>France,</HI> which Sir <HI>Edward Coke</HI> in his Comment upon this Statute ob&s;erves.</P>
<P>Well then, the <HI>Scots</HI> in the year One thou&s;and &s;ix hundred and forty (having-tran&s;gre&s;&s;ed all Laws of God and Humanity, as well as the Borders and Bounds of their own Countrey) rai&s;e Arms the &s;econd time, and make an inva&s;ion upon us, and &s;ei&s;e upon <HI>Berwick</HI> and <HI>Newcastle;</HI> (but though the <HI>Kings</HI> hands were tyed up, yet the Divine Vengeance of Heaven &s;hall overtake them and their Countrey, by a hand they could &s;o little fear, as I believe few of them knew whether there were any &s;uch, or no.) And now oh you! who have not forced all mankinde from Humane bre&s;ts, come and &s;tand amazed with horror for the mo&s;t deplorable condition, of the mo&s;t Pious, the mo&s;t Religious, the mo&s;t Ju&s;t, the mo&s;t Cha&s;te, Vertuous, and Serene&s;t <HI>Prince,</HI> that ever &s;wayed the Engli&s;h Scepter, and not to be paral|lel'd by any Countrey what&s;oever?</P>
<P>The <HI>Scots</HI> having invaded this Nation to treat with them a &s;econd time, was too too much an indignity for their Natural Soveraign; be&s;ides, it was an affront not to be endured by the Engli&s;hmen, That their Countrey mu&s;t be made a prey to &s;uch Locu&s;ts and Caterpillers, when&s;oever they will pretend grievance in <HI>Kirk</HI> and <HI>Di&s;cipline:</HI> To re&s;train them by force, it could not be without rai&s;ing money; <HI>By this Statute the King,</HI> they &s;ay, <HI>can rai&s;e none, but by Parliament;</HI> and to call a Parliament in this mad conjuncture of times, was judged by him&s;elf and Council, to be a means to increa&s;e the power of the <HI>Scots,</HI> by the Parliaments joyning with them, to the endanger|ing him&s;elf and his Po&s;terity.</P>
<P>Well then, what is to be done? what &s;tand &s;till and look on, while the&s;e hungry Vermine devour and make a prey of his afflicted Subjects?
<PB N="16" REF="40"> No, the King to make his goodne&s;s appear above his own danger, calls a Parliament; where not deceived in his expectation, the <HI>Scots</HI> and they are <HI>Simeon</HI> and <HI>Levi</HI> &s;traight, &s;worn Brethren; and the fir&s;t thing agreed be|tween them was, That Humane Blood mu&s;t be offered up to them; (a pre|parative to a greater Draught) nor mu&s;t <HI>Strafford</HI> &s;uffer by an ordinary way of Judicature by his Peers, but that the King may be involved in the &s;ame Crime with them&s;elves, he mu&s;t die by Act of Parliament; and then having made the King to dive&s;t him&s;elf of all po&s;&s;ible power to defend him&s;elf, when ever they will &s;trike him, they give the <HI>Scots</HI> Three hun|dred thou&s;and pounds to be exported out of the Kingdom, becau&s;e they had made a prey, and devoured the goods of their fellow Subjects in the four Northern Counties, which (for&s;ooth!) the&s;e good Saints call <HI>Brotherly A&s;si&s;tance.</HI></P>
<P>See, oh &s;ee here, O my Countrymen, the A&s;&s;ertors and Avengers of the Honor of the Engli&s;h Nation! The&s;e are the Noble Patriots of their Priviledges, I am &s;ure not of your Liberties! The&s;e are the glorious Re|formers of our Church and State! The&s;e are they who in order to &s;o many Prote&s;tations, Declarations, Swearings and for&s;wearings, have made <HI>Charls</HI> a more glorious King then any of his Predece&s;&s;ors, more feared abroad and more renowned at home!</P>
<P>And now tell me, whether you had not better at fir&s;t have given your pence and your two pences, then paid your pounds and forty &s;hillings &s;ince, you knew not for what. Nor was our ca&s;e much unlike the ca&s;e of the <HI>Constantinopolitans,</HI> who alleaging Poverty and Priviledge in oppo&s;ition to their Safety and Defence, became a prey to the <HI>Turks,</HI> 1453. their mo&s;t mercile&s;s enemies, who put them all to the &s;word; the <HI>Turks</HI> them&s;elves wondering there &s;hould be &s;o much wealth in the World, as was found in the &s;acking of this one City.</P>
</DIV2>
<DIV2 N="9" TYPE="ground">
<HEAD>The Ninth GROUND.</HEAD>
<HEAD TYPE="sub">Of Slavery, and the lawfulne&s;s of it.</HEAD>
<P><LABEL>Author.</LABEL> HEre our Author tells us, <HI>We mu&s;t fir&s;t look into the notion of Slavery, which &s;ignifies a Subjection to command in all things, and that meer|ly for the Ma&s;ters profit.</HI> Well, I will not quarrel with our Author about the notion of Slavery, but tell him, he mi&s;takes it in all his &s;pecifi|cations of it: For his fir&s;t, <HI>It is,</HI> he &s;ays, <HI>clearly again&s;t nature for a man to &s;ubmit his will &s;o far, as to renounce his eternal bli&s;s.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> This is out of his notion, and is &s;o mon&s;truous, as it is not imaginable any man &s;hould do it but Witches; and any man may chu&s;e, whether he will do it or not, for no mans will can be compelled.</P>
<P><LABEL>Author.</LABEL> The like he conceives of <HI>Subjection to be killed or maimed cau&s;ele&s;ly, nay, or to be &s;o penuriou&s;ly abu&s;ed, as to have no content in life;</HI> and the rea&s;on he gives, is, <HI>It is evidently against the inclination of nature, to con&s;ent to the lo&s;s either of life, or the profit of life, which is either to be well in this world, or the next: And therefore it cannot be conformable to nature, to renounce either,</HI> (&s;o
<PB N="17" REF="40"> then a man mu&s;t not by our Authors rule, renounce any depraved affection or appetition in him, if it conduces to his profit in this life) <HI>e&s;pecially the quiet in this world, being the means to gain bli&s;s in the other.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> And &s;o our Author hath &s;hut out of doors all &s;uffering for the te&s;ti|mony of a good Con&s;cience, becau&s;e the quiet of this world, is the means to gain bli&s;s in the other.</P>
<P><LABEL>Author.</LABEL> <HI>Nor does it &s;care</HI> our Author, he &s;ays, <HI>to ca&s;t his eyes upon &s;o many holy men and women, as have put them&s;elves voluntarily upon penurious and painful lives, becau&s;e they enjoy the fruit of contemplation, and &s;weetne&s;s of Con&s;cience in expecting a great reward for what they did: But for a man to renounce the content of this, who either thinks not of another, or at lea&s;t hopes nothing out of his re&s;ignation, this mu&s;t of nece&s;sity be extreamly irrational, and again&s;t nature.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Why, if our Author had learned thus much out of the Poet, </P>
<Q><L>Oderunt peccare boni, virtutis amore; <NOTE PLACE="marg">Horace.</NOTE></L>
<L>Oderunt peccare mali, formidine poenae.</L></Q>
<P>He needed not to have thought it &s;o irrational; for if the love of Vertue will not make men do their duties, the fear of &s;tripes and halters mu&s;t, or our Author will not get Paper to write his <HI>Grounds of Obedience and Govern|ment</HI> upon. Our Authors next &s;pecification, is no more then every &s;ervant ought to do.</P>
<P>Now let us &s;ee what <HI>&s;ervitus</HI> or <HI>mancipium,</HI> or &s;ervitude is, and who are properly Slaves, or as we u&s;e to term them, Vilains.</P>
<P>Slaves happen <HI>(Bodin</HI> &s;ays) to be &s;o five ways: Either by birth, as the <NOTE PLACE="marg"><HI>Bodln, cap.</HI> 5. <HI>lib.</HI> 1. <HI>de Re|pub.</HI></NOTE> po&s;terity of the Parents who are &s;o; or accidentally, as pri&s;oners taken in war; or thirdly, tho&s;e who for &s;ome offence or debt are condemned to &s;lavery, either for years or life; fourthly, they who voluntarily make them&s;elves &s;o; and fifthly, tho&s;e that are &s;old by Theeves and Pirates, are for the price paid &s;laves, to the buyers: But whether this la&s;t be truly accounted &s;lavery, is di&s;putable, that is, Whether &s;uch buyers may u&s;e them as &s;laves or no. See more hereafter, <HI>Cap. Dome&s;tical Power.</HI></P>
<P>Now Slaves have nothing properly, but what&s;oever they get is their Lords, who may &s;ell them or give them away at their plea&s;ure, and have power of life and death over them. (Here in <HI>England</HI> the Lords power over their Vilains was re&s;trained, neither might the Lord maim his Vilain; for though the Vilain could not recover any damage again&s;t his Lord, yet after Attainder the Lord was finable to the King) See <HI>Litt.</HI> 194. And the Neife (who is the Vilains Wife or Daughter) might have an appeal of Rape again&s;t her Lord, <HI>Litt.</HI> 190. But this not being a condition for any one who bears the Image of God upon him, God did re&s;train it, <HI>Levit.</HI> 25. 39. to them who were not <HI>I&s;raelites,</HI> or Pro&s;elytes onely: Wherefore I conceive that neither <HI>Mahometans, Jews,</HI> or <HI>Christians</HI> (all acknowledging the Moral Law) do not make Slaves of any who are of their Faith and Religion from this ground; neither do I under&s;tand how the u&s;e of Vilains u&s;ed with us heretofore, can be ju&s;tified, if they were <HI>Christians;</HI> for no que&s;tion <HI>Chri|&s;tianity</HI> makes not men in a wor&s;e condition in this world, then if they had been <HI>Jews</HI> or <HI>Turks.</HI> What difference the <HI>Romans</HI> made between Slaves and Libertines, and what Manumi&s;&s;ion is, and how many ways Slaves be|come free, read <HI>Bodin de Repub. cap.</HI> 5. <HI>lib.</HI> 1. And of Manumi&s;&s;ion or En|franchi&s;ing
<PB N="18" REF="41"> of Villains, read <HI>Littleton,</HI> and <HI>Com.</HI> of Sir <HI>Edward Coke</HI> thereon, <HI>Cap. Villenage.</HI></P>
<P><LABEL>Author.</LABEL> And now our Author tells you, <HI>how a Nation may en&s;lave it &s;elf by its too much wit;</HI> and mo&s;t prudently and wi&s;ely <HI>takes care that it be not our ca&s;e.</HI> And &s;o goes on very prettily in Que&s;tions and An&s;wers; as, <HI>Whether any Nation be by nature born to &s;lavery?</HI> of <HI>Jo&s;eph, and the Nation of Egypt;</HI> of <HI>a Nation and Nature, and how like Nation &s;ounds to Nature,</HI> (Gens <HI>to</HI> Natura) and at la&s;t concludes, <HI>Out of this Conclu&s;ion it is is ea&s;ily &s;een, that the</HI> Turki&s;h, Mu&s;covitical, <HI>and other what&s;oever Governments &s;etled upon this principle, That the goods and lives of the Subjects are the Princes, not to defend (as our Laws go) but to di&s;po&s;e at will, &amp;c. neither do, nor can breed any obligation of O|bedience in the Subject, more then of Fear, and pre&s;ent Utility.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> It &s;eems then, neither Fear nor Utility may be expected from our Au|thors Laws, with which his ab&s;olute Tru&s;tee is impowered. And what other means (be&s;ides the law of God which commands us <HI>to be &s;ubject to the higher Powers,</HI> Rom. 13. and S. <HI>Peter,</HI> 1 Ep. cap. 2. 13. <HI>To &s;ubmit our &s;elves to every ordinance of man for the Lords &s;ake, whether to the King as &s;upreme, &amp;c.)</HI> can any Governor propound to his Subjects for their conformity to his Laws, but utility and reward for their obedience, and fear of puni&s;hment for their di&s;obedience?</P>
<P>And here our Author calls them <HI>Tyrannical, &amp;c.</HI> What's the matter? Have they too much power? They have no more then God hath given them; and in having le&s;s, they &s;hould &s;oon actually have none at all, and Ari&s;tocraties and Democraties a&s;&s;ume as much; Do they eat too good meat, or wear too good clothes? Why &s;ure Nature intended that the be&s;t things &s;hould be u&s;ed, and who better u&s;e them then the <HI>King?</HI> What, are many of their Subjects poor and mi&s;erable? 'Tis not their fault; 'tis the cur&s;e of God upon the ground for <HI>Adams</HI> &s;in in not giving up his will to Gods command, that in &s;orrow man &s;hould eat of it all the days of his life, <HI>Gen.</HI> 3. 17. And if any of the&s;e Tyrannical Governors (as our Author calls them) &s;hould dive&s;t them&s;elves of all their power and greatne&s;s, yet there would not be fewer poor laboring men: And let our Author &s;hew me in any of the&s;e Goverments half &s;o many Slaves and mi&s;erable men, as I will &s;hew him have been under the <HI>Romans</HI> and other popular States. Nor need any man in any of the&s;e be a Slave, if he will become <HI>Renegado</HI> to his Faith and Religion; whereas under the <HI>Romans, &amp;c.</HI> they were nece&s;&s;itated to it at the will of their Lords. Will they, if they fear the power of any man to grow too great, u&s;e means not fully warrantable in the known Laws, either to make it le&s;s, or none at all? why, the <HI>Portian</HI> Law pre&s;cribed only bani&s;hment to the Citizens of <HI>Rome,</HI> in any offence; yet <HI>Cethegus, Lentulus, Longinus, &amp;c.</HI> were put to death for being agents in <HI>Catilines</HI> Con&s;piracie. The <HI>Athenians</HI> would by their O&s;traci&s;m bani&s;h any man that they but &s;u&s;pected would grow too great. Will they make unju&s;t war without any cau&s;e given? why, the <HI>Romans</HI> undertook the protection of the <HI>Mamertines, (Livy lib.</HI> 16.) a company of <NOTE N="*" PLACE="marg">Sir <HI>Walter Raleigh,</HI> book 5. ch 3.</NOTE> Hellhounds who had murdered their Ho&s;ts the <HI>Me&s;&s;anians,</HI> and took po&s;&s;e&s;&s;ion of <HI>Me&s;&s;ana</HI> again&s;t the <HI>Carthaginians,</HI> which was the ground of the fir&s;t <HI>Punick</HI> war. And when <HI>Greece</HI> was divided among&s;t <HI>Athenians, Lacedemonians, Arcadians, Corinthians, Achaeans, &amp;c.</HI> when was there any faith or troth among them, but the weaker &s;till bandying again&s;t the &s;tronger, till they were all brought
<PB N="19" REF="41"> in &s;ubjection to <HI>Philip</HI> the father of <HI>Alexander.</HI> Will they put men to death upon no &s;ufficient proof of crime again&s;t them? why, what proof of &s;u|&s;picion of crime was there again&s;t the mo&s;t excellent and divine Philo&s;o|pher <HI>Socrates?</HI> or again&s;t the victorious Athenian Captains at the battel of <HI>Arginu&s;ae?</HI> Will they not reward their good Servants and Captains? what reward had <HI>Camillus, Coriolanus,</HI> both the <HI>Scipio's, African</HI> and <HI>A&s;iatick,</HI> <NOTE PLACE="marg"><HI>See</HI> Dio Sicu|lus Bib lib 13. <HI>Where the Sy|racu&s;ans, be|fore</HI> Diony&s;ius <HI>his time, made it their pa&s;time to reward the vertue of their worthie&s;t Com|manders with death or ba|ni&s;hment. And</HI> Nicias <HI>lo&s;t the whole Atheni|an Army in</HI> Si|cily, <HI>con&s;i&s;ting of above forty thou&s;and men, for fear if he had pre&s;erved them, he &s;hould have been pro|&s;cribed or put to death by the Athenians.</HI> Thucid. <HI>lib.</HI> 7.</NOTE> <HI>Themi&s;tocles, Alcibiades, Hermocrates,</HI> the noble Syracu&s;an, <HI>Dion? &amp;c.</HI> Will they take &s;evere revenge upon their enemies, although it may be they had no ju&s;t occa&s;ion given? The poor <HI>Melaeans,</HI> who were content not to have medled in the wars between the <HI>Athenians</HI> and <HI>Lacedemonians,</HI> and no occa&s;ion of war again&s;t them but the will of the <HI>Athenians,</HI> after they were forced to yield up their City at di&s;cretion, were all of military age &s;lain, the women and children made &s;laves, and <HI>Melos</HI> made a Colony to Five hundred of the&s;e cur&s;ed Demagogues, as you may &s;ee at the end of the 5. book of <HI>Thucidides.</HI> And &s;ee <HI>Plutarch</HI> in the Life of <HI>Sylla,</HI> what came upon the <HI>Athenians</HI> who fir&s;t called the <HI>Romans</HI> into <HI>Greece,</HI> when <HI>Sylla</HI> took <HI>Athens.</HI> Will they take &s;evere revenge, where (as our Authors calls it) <HI>the obeyer does not under&s;tand that it is his own profit which the action aims at,</HI> (that is to &s;ay, when the Subject will not obey?) Let him &s;ee the fate of the <HI>Capuans</HI> in <HI>Livy lib.</HI> 26. and of the <HI>Mytileneans</HI> and <HI>Scionians</HI> in the 3. and 5. book of <HI>Thucidides.</HI> What, do they not govern their Subjects in peace? Where was there ever any &s;uch di&s;&s;ention and confu&s;ion as in De|mocratical and Ari&s;tocratical States? And the <HI>Grecians</HI> have &s;een le&s;s war and di&s;quiet two hundred years together under the <HI>Turk,</HI> then ever they &s;aw in three years, when it was divided into &s;o many Ari&s;tocraties and Democraties.</P>
<P>But our Author will not endure that the Subject &s;hould be protected in his life and e&s;tate by the Law of the&s;e Tyrannical Governors. Why, what greater obligation of obedience can there be to Government on the Subjects part, then that he is thence protected in his life, and from thence holds what&s;oever may be called his? And &s;ince there never was, nor can be a fourth &s;pecies of Government, how much better is it for a Subject to obey one Individual Prince, then by an imaginary liberty to make his obe|dience to many? for, <HI>Quantae molis erit, dominis &s;ervire duobus?</HI></P>
<P><LABEL>Author.</LABEL> Well, but let us compare one of the&s;e Tyrannical Governors with our Authors <HI>Ab&s;olute Governor;</HI> (For though our Authors <HI>Ab&s;olute Governor</HI> be a Mungrel, extracted from equivocal generation, and &s;uch a Bea&s;t as Nature never intended, and <HI>(Ground</HI> 8.) tied up to certain Laws and Limits of the People, yet for all that, our Author can have a cour&s;e too with his <HI>Lyci&s;ce,</HI> though tied up in a line: But then it mu&s;t be agreed between our Author and his <HI>Lyci&s;ce,</HI> that they &s;ay it be for the good of the People; and then <HI>(Ground</HI> 11.) they are his Laws, (alack the while, what is become of the Peoples Laws! &amp;c.) And <HI>(Gr.</HI> 13. <HI>p.</HI> 101.) <HI>The lawfulne&s;s of a Soveraign Commander is no other, then that he truly thinketh to be for the good of the Commonwealth.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So now, Ca&s;ting of Dollars, and Coining of Dollars, is all the dif|ference between our Authors <HI>Tru&s;tee,</HI> and one of the&s;e <HI>Tyrannical Governors;</HI> the &s;ame thing differently called by the Author.</P>
</DIV2>
<DIV2 N="10" TYPE="ground">
<PB N="20" REF="42">
<HEAD>The Tenth GROUND.</HEAD>
<HEAD TYPE="sub">Why a Man is to hazard him&s;elf for the Common good?</HEAD>
<P>INdeed herein (for ought I know) may be much Trea&s;ure and Learning; and there let it be, for I never intend to look into it.</P>
</DIV2>
<DIV2 N="12" TYPE="ground">
<HEAD>The Twelfth GROUND.</HEAD>
<HEAD TYPE="sub">Who is &s;uch a Governor, and the Subjects Duty to|wards him.</HEAD>
<P><LABEL>Author.</LABEL> <HI>WE have long talked of a Supreme Governor; it is time we &s;hould point him out, that he may be known. And &s;ince all agree that there are three &s;orts of Government,</HI> Monarchy, Ari&s;tocracy, <HI>and</HI> De|mocracy; <HI>when they are &s;imple, there can be no doubt who is the Supreme Magi&s;trate. Now mingled they may be, either continually, as when all parts mixed are &s;o often engaged that their Authorities run joyntly, or el&s;e &s;ome are continual, others but at certain terms.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Our Author has talked long indeed, and to very little purpo&s;e of his Supreme Governor, and now he thinks it high time to point him out, that he may be known; and he thinks he has already &s;o &s;ufficiently de|&s;cribed him, that any Ingenious Rational Man may ea&s;ily di&s;cern him, and &s;o takes leave of him, and tells us, All agree there are three &s;orts of Government, <HI>Monarchy, Ari&s;tocracy,</HI> and <HI>Democracy,</HI> and that they may be mixed: May they &s;o? Then &s;ure they may be more then three, <HI>viz. Monarchy, Ari&s;tocracy,</HI> and <HI>Democracy; Monarchy</HI> mixed with <HI>Ari&s;tocracy, Monarchy</HI> mixed with <HI>Democracy,</HI> and <HI>Monarchy</HI> mixed both with <HI>Ari&s;tocracy</HI> and <HI>Democracy: Aristocracy</HI> mixed with <HI>Monarchy, Ari&s;tocracy</HI> mixed with <HI>Democracy,</HI> and <HI>Ari&s;tocracy</HI> mixed with both; and &s;o <HI>Democracy</HI> mixed with <HI>Monarchy, Aristocracy,</HI> and both. So that either the&s;e three &s;orts of Go|vernment will admit of no mixture, or el&s;e there may be above three &s;orts of Government.</P>
<P><LABEL>Author.</LABEL> The next &s;tumble (for &s;teps our Author makes none) is, <HI>What</HI> Mo|narchy <HI>is, if it be mixed</HI> (but if it be mixed, how can it be <HI>Monarchy?</HI> for <HI>Regia Maje&s;tas e&s;t indivi&s;ibilis) with</HI> Ari&s;tocracy <HI>or</HI> Democracy, <HI>&s;o that they be continually joynt Actors, the</HI> Monarch <HI>is but a Servant, and the other part the Ma&s;ter.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Could any Man give a name to this Government, it mu&s;t be either Ari&s;to|monarchy, or Demo-monarchy; in plain Engli&s;h the chief Government of one Man alone, or the People-Government of one alone; but this is, our Author &s;aies, but only when they are joint Actors, and then the Monarch is but a &s;er|vant. Did ever any Man talk &s;o &s;en&s;ele&s;ly, as if he under&s;tood neither words nor
<PB N="21" REF="42"> meaning? for Monarchy is the Government of one Per&s;on alone, which is impo&s;&s;ible if it be &s;ub&s;ervient to the Government of any Court or People, unle&s;s our Author can make a Court or People not con&s;i&s;ting of Men. Nor is the In&s;tants he gives of the <HI>Italian</HI> Dogs, and <HI>Lacedemonian</HI> Kings, any thing to the purpo&s;e; for who in the World ever heard of the Monarch of <HI>Venice, Genoa,</HI> or <HI>Lacedemon?</HI> It is true indeed that <HI>Euri&s;thenes</HI> and his Brother <HI>Procles,</HI> the Sons of <HI>Aristodemus,</HI> Grandchildren of <HI>Cleodaeus,</HI> Great Grandchildren of <HI>Hyllus,</HI> &amp; <HI>Adnepotes</HI> of <HI>Hercules,</HI> were the fir&s;t two Kings of <HI>Lacedemon, Anno mundi</HI> 2848. and out of their two Families called the <HI>Eurypontidan,</HI> and <HI>Agidan,</HI> the Kings of <HI>Lacedemon</HI> did joyntly reign, until that about the year of the world 3777. <HI>Eurydamadas</HI> was the la&s;t of the <HI>Eurypontidan</HI> family, de&s;cended from <HI>Procles,</HI> and almo&s;t at the &s;ame time <HI>Cleomines</HI> the la&s;t of the <HI>Agidan</HI> family, de&s;cended from <HI>Eury&s;thenes,</HI> was overcome by <HI>Antigonus</HI> King of <HI>Macedon.</HI> Yet could not this Government be properly called <HI>Monarchy,</HI> but <HI>Duarchy.</HI></P>
<P><LABEL>Author.</LABEL> Nor le&s;s childi&s;h is his mixture of <HI>Ari&s;tocracy</HI> and <HI>Democracy,</HI> for the&s;e will as little admit of mixture as any other. But &s;ee what a wi&s;e ob&s;ervation he makes, <HI>viz. The quarrel to be more ballanced, becau&s;e the Government is divided in its &s;elf, and therefore dangerous.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So then, the mixture of <HI>Monarchy</HI> with either or both the other Go|vernments, makes no divi&s;ion; or to what purpo&s;e does our Author take notice of this dangerous mixture only in the&s;e two? and then our Author makes no doubt, <HI>but if Ari&s;tocracy gets power enough, &s;he is in po&s;ture of Su|preme Authority.</HI> Very wittily ob&s;erved, and a very great doubt wi&s;ely re|&s;olved.</P>
<P><LABEL>Author.</LABEL> Monarchy <HI>and</HI> Democracy <HI>can hardly be &s;o mixed, that</HI> Democracy <HI>be perpetual, and</HI> Monarchy <HI>by &s;purts: for that is not</HI> Monarchy; <HI>the &s;aid Monarch being not long enough in Power to be accounted a &s;etled Ma|gi&s;trate, as we &s;ee in the</HI> Decemvirs, Tribunes <HI>and</HI> Dictators <HI>among the</HI> Romans.</P>
<P><LABEL>Ob&s;erv.</LABEL> So then, here is <HI>Monarchy</HI> mixed with <HI>Democracy,</HI> and not mixed; and why not mixed? becau&s;e for&s;ooth it is by &s;purts, and not long enough to be accounted a &s;etled Magi&s;trate; no, how long then &s;ettles a Magi&s;trate our Author no where &s;aies; but if he had learned a very little Logick, he might have known that <HI>majus &amp; minus non variant &s;peciem,</HI> and a Magi&s;trate of an hours &s;ettlement, is as much a Magi&s;trate, as if he had been one never &s;o long. And then &s;ee the wild in&s;tance of the Man, for although in the <HI>Roman</HI> Dictators there were &s;ome &s;hadow of <HI>Monarchy,</HI> yet in the <HI>Tribunes</HI> being two, and the <HI>Decemvirs</HI> being ten, there could be no po&s;&s;ible colour thereof, unle&s;s our Author by his Logick can make two Men and ten Men to be but one Man alone. But <HI>&s;tultum e&s;t &s;tolidas opiniones accuratius refellere.</HI> I will referr my &s;elf to the cen&s;ure of any Ingenuous and Judicious Reader, that has patience to read any one Ground in this whole book, if there be more &s;ence or rea&s;on in it, then in this, and the foregoing Grounds of this Mans <HI>Obedience and Government.</HI></P>
</DIV2>
<DIV2 N="13" TYPE="ground">
<PB N="22" REF="43">
<HEAD>The Thirteenth GROUND.</HEAD>
<HEAD TYPE="sub">Of the Qualities of Laws and Commands in re&s;pect to Obedience.</HEAD>
<P>HE that can find any good in this Ground of our Authors, let him take it for me, I will not hinder him.</P>
</DIV2>
<DIV2 N="14" TYPE="ground">
<HEAD>The Fourteenth GROUND.</HEAD>
<HEAD TYPE="sub">In what conditions the Subject may re&s;i&s;t Govern|ment.</HEAD>
<P><LABEL>Ob&s;erv.</LABEL> WE left our Author <HI>Ground</HI> 7, wondring at a <HI>Jack-a-Lent</HI> of his own making, and here we find him throwing &s;tones at it to beat it down again; as who indeed may &s;o well marre it as he that made it? But why does our Author &s;ay, the Subject <HI>may re&s;i&s;t?</HI> for re&s;i&s;tance is u&s;ually taken in an ill &s;ence, as when the &s;ubordinate re|&s;i&s;ts his &s;uperior? Why? if his ab&s;olute Governor has no power but what tho&s;e Laws which the People (as he calls them) gave him, if he does tran&s;gre&s;s, the People might remand him to his Duty, and if he does not obey, he re&s;i&s;ts the People.</P>
<P><LABEL>Author.</LABEL> Then our Author &s;aies, <HI>It is evident, if it be rational to re&s;i&s;t Government, it will be lawful al&s;o to break and remove it,</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So that now all the fat is in the fire; all that our prudent Architector has been all this while a building, is blown away with this &s;mall wind: It may be a que&s;tion hereafter where our Author &s;hall next fetch his fire, now his <HI>Ignis fatuus</HI> is out. <HI>Plut.</HI> in the life of <HI>Themi&s;tocles</HI> recites, That <HI>Themi&s;tocles</HI> making him&s;elf merry with his Sons in&s;olent u&s;age of his Mother, and his Mothers like u&s;age of his Father, was wont to &s;ay, his Son commanded all <HI>Greece:</HI> For the <HI>Athenians</HI> commanded the other <HI>Grecians;</HI> He commanded the <HI>Athenians;</HI> his Wife, him, and his Son commanded his Wife. How much greater power had our Author in this Government than <HI>Themistocles</HI> his Child had over the <HI>Grecians?</HI> For in all our Authors Government you &s;hall find two degrees of Compari&s;on above the &s;uperlative, <HI>viz.</HI> the peoples Power over their &s;upreme and ab|&s;olute Governor, and our Authors &s;upreme &s;upreme&s;t Power, who has a Power when he will, to make what he li&s;t the Peoples Laws, which &s;hall oblige and tie up their ab&s;olute Governor; And when the toy takes him, they &s;hall be the Governors Laws; And <HI>Ground</HI> 11. latter end, <HI>No &s;upreme Magi&s;trate can be bound to any Laws, contrary to</HI> (what our Author or Go|vernor &s;hall call) <HI>good Government.</HI> And now who would think &s;o wi&s;e a fellow as our Author, who in this Government had &s;uch a mon&s;trous and mo&s;t unlimited &s;overaignty, &s;hould (by &s;hewing his power in giving
<PB N="23" REF="43"> his Rational multitude liberty to di&s;&s;olve it) lo&s;e it all in an in&s;tant? &s;ure this <HI>Icarus,</HI> if he neither drowns, nor otherwi&s;e kills him&s;elf in the fall, will only ri&s;e up again to hang him&s;elf?</P>
<P>Well, but let us &s;ee whether upon our Authors principles this Govern|ment can be di&s;&s;olved, or be in the power of his People or Rational mul|titude. All Men who have written of the Cau&s;e and Nature of things, have put a difference between Natural, and Voluntary or Rational cau&s;es or things. Natural cau&s;es or things are tho&s;e which proceed immediately from God, and are above the Will or Rea&s;on of Man; Voluntary cau&s;es or things are tho&s;e which do not immediately proceed from God, but from the Will and Rea&s;on of Man. But <HI>ex Hypothe&s;i</HI> this Government, <HI>Ground</HI> 7. <HI>page</HI> 48. is <HI>connatural,</HI> and <HI>Ground</HI> 8. <HI>page</HI> 50. <HI>Natural;</HI> and therefore this Government is &s;uperior to the Wills or Rea&s;on of the People, and cannot be by them di&s;&s;olved; but the re&s;i&s;ting of it is a violence upon Nature, and not only Irrational, but Immoral and unju&s;t.</P>
<P>Thus have we &s;een our Author make a Government, and thus have wee &s;een our Author marre his Government. Let him tell us <HI>Ground</HI> 15, <HI><GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">herein con&s;i&s;ts the Liberty of the Subject:</HI> Ground 16. <HI>Of the&punc; di&s;po&s;&s;e&s;sion of a Supreme Governor and his Right:</HI> And <HI>Ground</HI> 17. <HI>Of a Governor di&s;po&s;|&s;e&s;&s;ed:</HI> (only becau&s;e our Author, <HI>Ground</HI> 17. <HI>tells us that Pope</HI> Urban <HI>the eight was an Intelligent generous Prince, and well ver&s;ed in publick Government, and he made a deci&s;ion, that after five years quiet po&s;&s;e&s;sion of an E&s;tate, the Church was not bound to take notice whether the title were lawful or no:</HI> I will tell our Author, that if Pope <HI>Urban</HI> might not take notice after five years, who is the lawful Governor, yet Pope <HI>Pius</HI> the fourth after above twice the time declared by Pope <HI>Urban,</HI> might take notice of it, as you may &s;ee <HI>Hi&s;t. Con. Triden.</HI> 423. and 443. So then Pope <HI>Pius</HI> may do that which Pope <HI>Urban</HI> is not bound to do) or &s;ay what he will for me, I am content if after all this pains on my part, I &s;hall not (in the Judgment of wi&s;er and more di&s;cerning Men then my Author or &s;elf) have made my &s;elf like our Author in thus far an&s;wering him to his <HI>Grounds of Obedience and Go|vernment.</HI></P>
</DIV2>
</DIV1>
<DIV1 TYPE="observations">
<PB N="24" REF="44">
<HEAD>OBSERVATIONS ON Mr. HOBBS <HI>De Cive.</HI></HEAD>
<P><LABEL>Ob&s;erv.</LABEL> _HIs fir&s;t Axiome or Principle he begs, both in the Preface, and &s;econd Article of the fir&s;t Book <HI>De Cive,</HI> is, <HI>That the beginning of Civil Society, is from Mutual Fear.</HI> Yet in his Preface, and &s;econd Annotation upon this Article, <HI>He fears that &s;ome men may deny it; yea, it is true, that very many men do deny it.</HI> </P>
<P>This therefore being required for a Principle, and the fir&s;t Principle, and by con&s;equence not to be proved, but to prove all that may be inferred from it; and &s;ince that he grants that very many do deny this Principle; Then by very many men mu&s;t the whole body of <HI>De Cive</HI> be rejected: For, <HI>Contra negantes principia non est di&s;putandum.</HI></P>
<P>But if men will not grant this Principle, (in the <HI>Pref.</HI> and <HI>Annot.</HI> above|&s;aid) he will prove it &s;o, that he will make them a&s;hamed of it; and how, think you? (It will be &s;omewhat odd, &s;ure, to prove Principles.) He tells you, <HI>That all Cities, although they be at peace with their neighbors, yet keep Garri&s;ons and Soldiers upon their Frontiers: And that when men go to &s;leep, they &s;hut their doors; and that men taking a journey, do it with a &s;word; and that men treat u&s;ually, before they fight.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> All Science, all Learning, and all Rea&s;oning what&s;oever, by the au|thority of <HI>Ari&s;totle,</HI> is begotten from pre-exi&s;ting Principles which prove the Science and Learning; but by the judgment of <HI>Ari&s;totle</HI> and all Philo|&s;ophers, and men in their wits, no Science, Learning, or Rea&s;oning, can prove the Principles. Be&s;ides, it is a contradiction, to &s;ay any thing is a Principle, which can be proved; for that which proves it, is prime and a principle to it. Would any man now think, that the&s;e Critiques and pre|tended
<PB N="25" REF="44"> Ma&s;ters of Rea&s;on had ever read one line in Logick, or <HI>Ari&s;totle,</HI> who go about to prove Principles, by &s;uch &s;illy things, as have &s;carce any veri&s;imilitude in them?</P>
<P>Nor does he only make Fear to be the prime cau&s;e of all Humane Go|vernment and Civil Society, but al&s;o <HI>(chap.</HI> 16. <HI>art.</HI> 1.) he makes it the cau&s;e of all Religion, and Wor&s;hip of God.</P>
<P><LABEL>Ob&s;erv.</LABEL> As if that men were not obliged to &s;ubmit to higher Powers, <HI>not only for wrath,</HI> (take it in what &s;en&s;e you will, either fear of the wrath of the higher Powers, or mutual fear of the wrath of other men) <HI>but al&s;o for con|&s;cience &s;ake:</HI> And that God were not in gratitude to be wor&s;hiped and &s;erved by ingenuous men, becau&s;e he is good, and created them intellectual and rea&s;onable creatures; but only by a &s;ervile fear of his Judgments, from whence only vile and vitious men &s;eem to, but never truly &s;erve or honor him. A pretty in&s;titution of Religion and Government for the Men of <HI>Bedlam,</HI> and Wives of <HI>Billing&s;gate.</HI></P>
<P>He divides the whole Treati&s;e into three titles, viz. <HI>Liberty, Empire,</HI> and <HI>Religion.</HI> Under the title of <HI>Liberty,</HI> he &s;peaks of men as they are in a &s;tate of meer Nature, <HI>viz.</HI> of a &s;tate of men before they have by Pact given up their natural right to one Per&s;on, or one Court or Company of men; &s;o that the will of this Man, or Court, &s;hall be the will of all of them; and this he calls <HI>cap.</HI> 5. <HI>art.</HI> 9. <HI>Civitas,</HI> or <HI>Per&s;ona civilis.</HI></P>
<P>If Mr. <HI>Hobbs</HI> had by a &s;tate of Nature under&s;tood &s;uch a &s;tate as S. <HI>Paul</HI> <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> Rom. 2. 14.</NOTE> does, <HI>viz.</HI> of men who have only the Law of Nature, and not Gods Divine Law &s;upernaturally revealed in the Scriptures, to be their rule and guide; and that men in &s;uch a &s;tate not having the Law, may by Nature do the things contained in the Law, (for this Law is ingraven in the hearts of all men) he &s;hould have di&s;puted without an Adver&s;ary for me. But when he makes all men <HI>Jure naturali</HI> (which is &s;uperior, and the cau&s;e of all Laws of Nature) to be equal, and in a parity of condition, and every man by his own natural right to have a power over every man, and to kill and de&s;troy them, when&s;oever it &s;eems good unto him, and yet without any &s;in; and that this State is only to be cured by the Laws of Nature of his own making, (although he would have them to be Divine Laws, and contrary to Natural rights) is &s;uch a mon&s;trous Paradox and ab&s;urdity, as I wonder any Ingenuous man &s;hould a&s;&s;ent to it.</P>
<P>Under the title of <HI>Empire,</HI> he is not le&s;s wild and extravagant in his con|ce&s;&s;ions to the thing, be it <HI>King</HI> or <HI>Court,</HI> created by <HI>Do</HI> or <HI>Dedi,</HI> and not <HI>Dabo</HI> or <HI>Faciam:</HI> For he makes it not only Soveraign Judge of all Eccle&s;i|a&s;tical, as well as Civil cau&s;es; but al&s;o impo&s;&s;ible to command any thing contrary to the Law of Nature. Yet he makes the Law of Nature, the Law of God; and this Creature of creatures to be &s;o infallible, that it is im|po&s;&s;ible to command any thing contrary to it.</P>
<P>It is not worth the examining, what he would have under the title of <HI>Religion;</HI> for men &s;ay, the man is of none him&s;elf, and complains (they &s;ay) he cannot walk the &s;treets, but the Boys point at him, &s;aying, <HI>There goes HOBBS the Athei&s;t!</HI> It may be therefore the rea&s;on, why in all his Laws of Nature, he allows no place for the Wor&s;hip and Service of <HI>GOD.</HI></P>
<P>But it is time to examine the particular Articles, upon which this Body <HI>De Cive</HI> is built.</P>
<P N="1"><PB N="26" REF="45"> 1. His marginal Note upon <HI>Art.</HI> 3. <HI>Cap.</HI> 1. is, <HI>Homines natur&acirc; aequales e&s;&s;e inter &s;e.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> There is no one Propo&s;ition in the world more fal&s;e then this, nor more de&s;tructive to all faith, and truth of Sacred Hi&s;tory. For whereas he &s;ays, that by nature Men are equal to one another; if the Scriptures be true, that God made <HI>Adam</HI> an Univer&s;al Monarch (as he &s;ays) as well over his <NOTE PLACE="marg"><HI>Cap.</HI> 10. <HI>art.</HI> 3.</NOTE> Wife and Children, as other Creatures; and that &s;ince <HI>Adam,</HI> God did never create any Man, but the &s;pecies of Mankind was continued by gene|ration, and that (as he &s;ays) Primogeniture is preferred by the Law of <NOTE PLACE="marg"><HI>Cap.</HI> 3. <HI>art.</HI> 18.</NOTE> Nature, (which <HI>Cap.</HI> 3. <HI>Art.</HI> 29. is immutable;) then it is impo&s;&s;ible that <NOTE PLACE="marg"><HI>Cap.</HI> 4. <HI>art.</HI> 15.</NOTE> &s;ince <HI>Adam</HI> any two Men in the world can be equal, where God does not make them &s;o.</P>
<P>Indeed, if Mr. <HI>Hobbs</HI> had been an <HI>Athenian,</HI> who &s;tiled the Men of <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> 2.</NOTE> <HI>Attica</HI> <GAP DESC="foreign">, Men of the &s;ame Land; or a <HI>Peripatetick,</HI> who held that Men, and the other things of the World, were from Eternity, as well as the World; or an <HI>Egyptian,</HI> who held that (from the example of divers crea|tures generated out of the river <HI>Nile)</HI> Men at fir&s;t were generated from equivocal generation, or that Men had &s;prung out of the ground <HI>fun|gorum more;</HI> there might have been &s;ome &s;mall &s;emblance for his opinion.</P>
<P N="2">2. His Argument to prove the Natural equality of all Men, is, <HI>Aequales &s;unt, qui aequalia contra &s;e invicem po&s;&s;unt: At qui maxima po&s;&s;unt, nimirum occidere, aequalia po&s;&s;unt: Ergo, Homines natura aequales inter &s;e.</HI></P>
<P>His minor Propo&s;ition is no where proved; and I am &s;ure, contrary <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> Gen. 9. 6.</NOTE> to what God &s;ays, <HI>Who&s;o &s;heddeth mans blood, by man &s;hall his blood be &s;hed, for in the image of God made he man.</HI></P>
<P N="3">3. <HI>Nature hath given to every Man a Right to all things,</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 1. <HI>art.</HI> 10. <HI>Ob&s;erv.</HI></NOTE></P>
<P>What thing is mine <HI>naturali jure</HI> (as he &s;ays, or <HI>lege naturali)</HI> is mine, &s;o that it is impo&s;&s;ible it &s;hould be aliened, or made anothers by any act of my will, or the will of all the men in the world; For natural cau&s;es do not depend upon voluntary humane actions; and therefore the natural right which Nature has given to every man, remains &s;till with every man.</P>
<P N="4">4. <HI>Filium in &s;tatu naturali intelligi non po&s;&s;e.</HI> <NOTE PLACE="marg"><HI>Annot. art.</HI> 10. <HI>Ob&s;erv.</HI></NOTE></P>
<P>And therefore from <HI>Adam</HI> to our Saviour, could there be no &s;uch na|tural &s;tate; For S. <HI>Luke, cap.</HI> 3. gives a Genealogie of <HI>Adams</HI> &s;ons, and &s;ons &s;ons, to our Saviour: And &s;ince, I do not think Mr. <HI>Hobbs</HI> can &s;hew, that ever there was &s;uch a &s;tate in the world.</P>
<P N="5">5. <HI>The &s;tate of Man in Nature, is ho&s;tile.</HI> And <HI>cap.</HI> 8. <HI>art.</HI> 10. he &s;ays, <NOTE PLACE="marg"><HI>Art.</HI> 12.</NOTE> <HI>Men in the &s;tate of Nature may kill one another, &s;o often as it &s;eems good unto them.</HI> And therefore he mu&s;t invent and &s;eek to make him&s;elf in a better condition then God hath made him, and that (for&s;ooth) is, <HI>by &s;eeking</HI> <NOTE PLACE="marg"><HI>Art.</HI> 15. <HI>cap.</HI> 1. <HI>Ob&s;erv.</HI></NOTE> <HI>Peace,</HI> which he &s;ays, <HI>is the fir&s;t Law of Nature.</HI></P>
<P>Is it not &s;trange, that a thing invented, and made by the wit and will of Man, and that contrary to the &s;tate and condition in which God hath made Man, &s;hould here prove to be a Law of Nature, which is the Law of God?</P>
<P>And is not more &s;trange, that <HI>God hath made Man upright, and he hath</HI> <NOTE PLACE="marg"><HI>Ob&s;erv</HI> 2. Eccle&s;. 7. 27.</NOTE> <HI>&s;ought out many inventions;</HI> and yet Man &s;hould have need of Mr. <HI>Hobbs</HI> his help, to invent, and make him in a better &s;tate then God hath made him, or el&s;e he &s;ays, <HI>his con&s;ervation cannot be long expected?</HI> <NOTE PLACE="marg"><HI>Art.</HI> 15.</NOTE></P>
<PB N="27" REF="45">
<P> Neither is it po&s;&s;ible in &s;uch a &s;tate where all men may kill one another, <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> 3.</NOTE> and where all things are alike and common to all men, that men &s;hould make any pacts or contracts one with another: For be&s;ides, that where men have nothing proper, there men cannot make pacts, or contract for any thing; al&s;o where there is no precedent humane Law obliging, there cannot any man be obliged or bound to any thing by his pact or contract; for to be bound, is in relation, and mu&s;t pre&s;uppo&s;e &s;omething which does bind; but if nothing binds me but my Will, (which is a contradiction) I may unbind me when I will, for my Will is free.</P>
<P>I deny that any man, or any company of men, can will any thing to be <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> 4.</NOTE> a Law to them&s;elves: For, <HI>Omnis potentia activa e&s;t, principium tran&s;mu|tandi aliud.</HI> And therefore the act of no mans Will, can have a power or obligation upon him&s;elf; and by con&s;equence cannot any man, or company of men, will, or make another who &s;hall give them Laws; for, <HI>Nemo pote&s;t transferre id in alium, quod ip&s;e non habet.</HI></P>
<P N="6">6. <HI>Legem naturalem e&s;&s;e dictamen rectae Rationis.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 1.</NOTE></P>
<P><LABEL>Ob&s;erv.</LABEL> Wold any man think that the&s;e Critiques and pretended Ma&s;ters of Rea&s;on, did either under&s;tand Rea&s;on or Logick? If <HI>Lex naturalis</HI> be <HI>dicta|men rectae Rationis,</HI> I ask of Mr. <HI>Hobbs,</HI> what is the rea&s;on of it? If it be a prime cau&s;e or principle, then by the authority of <HI>Ari&s;totle Eth. lib.</HI> 6. <HI>cap.</HI> 3. <HI>&amp;</HI> 6. does it con&s;titute the Ratiocination, and no rea&s;on can be given of it; for, <HI>Mens &s;ive Intellectus &s;it principiorum, Scientia ver&ograve; cum ratione conjuncta. Dictamen</HI> (therefore) <HI>rectae Rationis,</HI> cannot amount higher, then rightly to infer or conclude from prime cau&s;es or principles; and by con&s;equence cannot be the Law of Nature, or God, if Mr. <HI>Hobbs</HI> cannot give &s;omething prime or &s;uperior to it, from whence it may be inferred or deduced. And if the Laws of Nature, or God, be the dictates of right Rea&s;on, then are the Laws of God the Creator, &s;ubject and inferior to the faculty of a creature; which is not only ab&s;urd, but mo&s;t mon&s;trous and bla&s;phemous.</P>
<P N="7">7. But becau&s;e to bind, and to be bound, cannot be in the &s;ame thing; <NOTE PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 5. <HI>&amp;</HI> 13.</NOTE> he makes <HI>obligans,</HI> him who accepts the will of other men, and <HI>obligatus,</HI> him who does will, and &s;o for&s;ooth is become bound by his own will.</P>
<P><LABEL>Ob&s;erv.</LABEL> And had not this man more need to learn his Grammar better, (who makes <HI>obligans</HI> the patient, and <HI>obligatus</HI> the agent) then undertake to write Elements Philo&s;ophical <HI>De Cive?</HI> whereas the contrary is true in both; for <HI>obligans</HI> is he who doth will, and <HI>obligatus</HI> is he who accepts or receives the will of another.</P>
<P N="8">8. <HI>The action of two men, or more, mutually transferring their Rights, is</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 9.</NOTE> <HI>called a Contract.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> There was never, I think, two more gro&s;s mi&s;takes committed in &s;o few words. For fir&s;t he takes the fulfilling of a Contract, for the Contract it &s;elf: A Contract is the mutual &s;tipulation of two or more, that they will do or give; and the mutual transferring of what is contracted for, fulfills and adnulls the Contract; and there have been, and will be infinite Contracts, where there is no transferring; nay, where there is a mutual transferring, there can be no Contract. Secondly, no Contract can be of Rights, but only of things in po&s;&s;e&s;&s;ion: The act of two or more mutually transferring, is the act of two or more giving, not contracting.</P>
<P><HI>In every Contract, either both</HI> (&s;tatim) <HI>perform that which is contracted for;</HI> <NOTE PLACE="marg">Ibidem.</NOTE> <HI>or one performs, and the other is credited; or neither perform.</HI></P>
<PB N="28" REF="46">
<P><LABEL>Ob&s;erv.</LABEL> So that the Contract, and the Performance, are diver&s;e things, which immediately before he confounds. Nor can his <HI>&s;tatim</HI> at all help him; for the Contract mu&s;t precede, and the Performance be &s;ub&s;equent, it matters not how much, or little time; for, <HI>Majus &amp; minus non variant &s;peciem.</HI> Secondly, If one may perform, and the other be credited, or neither per|form, then there may be Contracts, where there is no mutual transferring; which is ab&s;urd by his definition.</P>
<P><HI>Where both &s;oon after,</HI> &s;tatim, <HI>perform, there the Contract &s;o &s;oon as it is performed, is fulfilled or fini&s;hed.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Sure he takes great virtue to be in <HI>&s;tatim,</HI> which makes a Contract, and the annulling, and fulfilling of a Contract, to be the &s;ame thing.</P>
<P><HI>Where one, or both are credited, there he,</HI> cui creditur, <HI>promi&s;eth that he will afterwards perform, &s;uch promi&s;e is called a Pact.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> I do wonder therefore from whence his <HI>una per&s;ona</HI> or <HI>una curia</HI> can derive their &s;upreme power, whenas nothing can pa&s;s from either, or neither part, by vertue of the civil pact. And no doubt this <HI>Civitas</HI> will be a noble &s;tructure, built upon &s;uch a foundation, wherein I think no man did ever pronounce &s;o much, in &s;o little, more ra&s;hly.</P>
<P N="9">9. <HI>We are freed from Pacts by two things, either when the Pact is performed,</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 15.</NOTE> <HI>or forgiven.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Therefore in the Civil pact, if any Right pa&s;&s;es from the Subject to the Supreme power, then hath the Subject performed his pact, and &s;o be|comes freed from his &s;ubjection.</P>
<P N="10">10. <HI>No man by his Pact is obliged to an Impo&s;sibility.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 14. <HI>Ob&s;erv.</HI></NOTE></P>
<P>And therefore can no Supreme power be derived from the Pacts of men: For where there is not <HI>Jus vitae &amp; necis,</HI> there can be no Supreme power; and no man hath a power over his own life, and therefore no man can give it or transfer it to another.</P>
<P N="11">11. <HI>No man can be obliged by his Pact, not to re&s;i&s;t him, who brings or intends damage to his body.</HI> <NOTE PLACE="marg"><HI>Art.</HI> 18.</NOTE></P>
<P><LABEL>Ob&s;erv.</LABEL> And therefore no penal Laws can be executed; but Subjects are freed from their obedience, when&s;oever they have &s;o far tran&s;gre&s;&s;ed Laws, that they become liable to any corporal puni&s;hment; for where men may re&s;i&s;t, there can be no &s;ubjection.</P>
<P N="12">12. <HI>Men mu&s;t not re&s;ist where they cannot obey Princes, becau&s;e it is against</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 18. <HI>ar.</HI> 13.</NOTE> <HI>the Civil pact.</HI></P>
<P>Al&s;o by this article, <HI>Men mu&s;t &s;uffer martyrdom, rather then re&s;ist;</HI> which is ab&s;urd by <HI>art.</HI> 18. <HI>cap.</HI> 2. for, martyrdom brings corporal puni&s;h|ment with it.</P>
<P N="13">13. <HI>An Oath adds nothing to the obligation of a Pact or Contract,</HI> (&s;ays <NOTE PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 22.</NOTE> <HI>Tho. Hobbs.)</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> But if Perjury be a greater crime then &s;ingle Fal&s;hood, then no doubt but a man is more obliged to perform a Pact or Contract to which he hath &s;worne, then he who hath not; and a man may &s;ee many men afraid to for|&s;wear them&s;elves, who make no con&s;cience of telling a lye. And if no man be obliged by an Oath, then is an Oath nothing but the taking of Gods name in vain; and it had been a vain thing in <HI>Abraham</HI> to have made his elde&s;t &s;ervant &s;wear <HI>by the Lord God of heaven, and the God of the earth, that</HI> <NOTE PLACE="marg">Gen. 24. 2, 3.</NOTE> <HI>he &s;hould not take a wife to his &s;on of the daughters of Cannaan.</HI></P>
<P N="14">14. <HI>The &s;econd Law of Nature, is, Men mu&s;t &s;tand to their pacts.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 3. <HI>art.</HI> 1.</NOTE></P>
<PB N="29" REF="46">
<P><LABEL>Ob&s;erv.</LABEL> Every Man is obliged to his promi&s;e by the Law of Nature, and all Men are obliged to their pacts by the po&s;itive humane Laws of every place where they made them: And to &s;uppo&s;e, that the Supreme power of any place, is made from the pacts of Men, and that Men are obliged to their pacts by the &s;upreme Power of that place, is ab&s;urd, and <HI>Idem per Idem.</HI></P>
<P N="15">15. See how learnedly he proves from Scripture the aboli&s;hing of Mens common Right to all things, he cites <HI>Gen.</HI> 13. 8. <HI>And</HI> Abraham <HI>&s;aid to</HI> Lot, <HI>let there be no &s;trife I pray thee, between thee and me, and between my</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 4. <HI>art.</HI> 4.</NOTE> <HI>Herd&s;men and thy Herd&s;men: behold the whole Land is before thee, depart from me I pray thee.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> <HI>Ver&s;e</HI> 7. is, <HI>And there was a &s;trife between the Herd&s;men of</HI> Abrams <HI>cattel, and the Herd&s;men of</HI> Lots <HI>cattel.</HI> So then before the aboli&s;hing of the common Right of all things, <HI>Abram</HI> and <HI>Lot</HI> had property in their Servants and Cattel, which is ab&s;urd and impo&s;&s;ible, for nothing can be common and proper.</P>
<P N="16">16. <HI>The &s;ucce&s;sion was due to</HI> E&s;au <HI>by the Law of Nature, being the</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 4. <HI>art.</HI> 15. <HI>prope finem. Ob&s;erv.</HI></NOTE> <HI>elde&s;t &s;on of</HI> I&s;aac, <HI>if he had not &s;old it, or his Father otherwi&s;e appointed.</HI></P>
<P>Yet he &s;aies truly, <HI>Cap.</HI> 3. <HI>Art.</HI> 29. <HI>the Laws of Nature are immutable;</HI> and here he &s;aies, <HI>the Father may alter them, and the Son &s;ell them.</HI> Primo|geniture being &s;o &s;acred a thing, that <HI>E&s;au</HI> was &s;aid to be a de&s;pi&s;er of his <NOTE PLACE="marg"><HI>Gen.</HI> 25. 34.</NOTE> birthright, that he &s;et it at a price to &s;ave his life, and being due by the Law of Nature, he could not transfer it to <HI>Jacob</HI> by any act of his; yet was it ju&s;t with God, becau&s;e he de&s;pi&s;ed it, to transfer it to <HI>Jacob.</HI></P>
<P N="17">17. <HI>The &s;ubmi&s;sion to the will of one Man, or one Council, then becomes the</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 5. <HI>art.</HI> 7.</NOTE> <HI>will of them all, when every one of them obliges him&s;elf by pact to one another, not to re&s;ist the will of this Man, or this Council to which he hath &s;ubmitted him|&s;elf.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Here is nothing to pa&s;s, or to be transferred from one Man to another, and therefore here can be no pact; and here I would fain know, how to bind, and to be bound, can be the &s;ame thing, which Mr. <HI>Hobbs</HI> here makes. But every Man binds him&s;elf for&s;ooth, and therefore every Man may when he will di&s;oblige him&s;elf; for, <HI>unumquodque di&s;&s;olvi pote&s;t eo ligamine, quo ligatum e&s;t.</HI></P>
<P N="18">18. <HI>The Right of puni&s;hing, is then to be under&s;tood to be given to any one,</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 6. <HI>art.</HI> 5.</NOTE> <HI>when every one doth covenant that he will afford no help to him who &s;hall be puni&s;hed.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> What power of life or death is here any more, then if a company of Men contract one with another, that they will afford Mr. <HI>Hobbs</HI> no relief, if another Man will kill, maim, or puni&s;h Mr. <HI>Hobbs,</HI> that then this Man hath a power over Mr. <HI>Hobbs</HI> his life and per&s;on? and this Right for|&s;ooth he will call <HI>gladium ju&s;titiae, Art.</HI> 6.</P>
<P N="19">19. Having made the Temporal power to have its origination from the Inventions, Pacts, Wills, and policies of Men, he makes it Judge of all <NOTE PLACE="marg"><HI>Cap.</HI> 6. <HI>art.</HI> 11.</NOTE> Doctrins and Opinions of Faith, and this from convenience, for &s;aies he, <HI>If one may command any thing upon pain of Temporal death, and another for|bids it upon penalty of eternal death, it will follow, not only innocent Citizens may be puni&s;hed, but the City it &s;elf be di&s;&s;olved, for no Man can &s;erve two Ma&s;ters.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> I would know how, this granted, could Chri&s;tianity be preached, when the Temporal Laws every where did forbid it? Our Savior &s;aies, Who&s;o
<PB N="30" REF="47"> hateth not Father, and Mother, and Wife, and Children, and Brethren, <NOTE PLACE="marg">St. <HI>Luke</HI> 14. <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">6. St. <HI>Math.</HI> 10. 28.</NOTE> and Si&s;ters, yea, and his own life, he cannot be my Di&s;ciple. And if Tem|poral powers command any thing contrary to the Laws of God, we ought not to feare them that can kill the Body, but are not able to kill the Soul; but rather&punc; to feare him, who is able to de&s;troy both Body and Soul in Hell. 'Tis true indeed, no Man can &s;erve two Ma&s;ters, who may with equall Right command the &s;ame thing; but a Man may &s;erve two Ma&s;ters who do not with equal Right command the &s;ame thing; as a Te|nant who owes Homage to his Lord, is the Lords Man of life and limb, and of earthly wor&s;hip, and ought to be true and faithful to him, (&s;aving <NOTE PLACE="marg"><HI>Littleton Hom. cap.</HI> 1.</NOTE> the Faith he owes to his Soveraign Lord the King) and &s;o every &s;ervant ought to obey his Ma&s;ter in all things, which do not contradict Gods nor his Country-Laws; and &s;o ought every Man to &s;ubmit him&s;elf to Tempo|ral powers in all things, if they be not repugnant to Gods Laws. And let any Man &s;ee whether the whole &s;cope of this Article, be not to make all Faith, and Religion, as well as Society, a meer invention and policy of Man, and humane con&s;titution, and Creature of a Creature; nor is the danger he makes, &s;o much to be feared, for Eccle&s;ia&s;tical Powers have no|thing to do with Secular juri&s;dictions.</P>
<P N="20">20. <HI>There are &s;ome doctrines held,</HI> he &s;aies, <HI>by which Citizens are im|powered</HI> <NOTE PLACE="marg"><HI>Annot. art.</HI> 11. <HI>Cap.</HI> 6.</NOTE> <HI>to deny Obedience to the</HI> Civitas, <HI>and to fight against Supreme Princes and Powers, and that by Right, yea it behoves them; and this belongs to the power which many do attribute to the Prince of the Church of</HI> Rome <HI>in</HI> aliena Civitate, <HI>and to the power al&s;o which Bi&s;hops otherwhere, out of the Church of</HI> Rome, <HI>a&s;cribe to them&s;elves.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> I do not know, nor did ever hear that any Bi&s;hops out of the Church of <HI>Rome,</HI> did ever a&s;cribe to them&s;elves this Power. Nor are there any Bi&s;hops in the We&s;tern Churches of <HI>Chri&s;tendom,</HI> out of <HI>England, Ireland,</HI> <NOTE PLACE="marg">Sodoren&s;is Epi&s;copus.</NOTE> and the I&s;le of <HI>Man</HI> (if tho&s;e in <HI>Scotland</HI> were not, which is a que&s;tion:) and &s;ure this Hierarchy never challenged any &s;uch Power. But why does this Man take &s;uch care for peace and quiet? when as by his own principles he ju&s;tifies all the actions of the League in <HI>France</HI> again&s;t <HI>Henry</HI> the fourth; for <HI>Henry</HI> the third never gave nor &s;old the <HI>French</HI> Monarchy to <HI>Henry</HI> the <NOTE PLACE="marg"><HI>Cap.</HI> 9 <HI>art.</HI> 13.</NOTE> fourth, nor did the Duke of <HI>Mayne</HI> and his party upon the death of <HI>Henry</HI> the third, oblige them&s;elves by pacts one to another, that the will of <HI>Henry</HI> the fourth &s;hould be the will of them all.</P>
<P N="21">21. It is mo&s;t manife&s;tly fal&s;e, and contrary to the practice of the <NOTE PLACE="marg"><HI>Cap.</HI> 5. <HI>art.</HI> 9.</NOTE> whole world (where Men are not condemned to &s;lavery) <HI>that &s;ervants have</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 8. <HI>art.</HI> 5.</NOTE> <HI>no property again&s;t their Ma&s;ters;</HI> for where &s;ervants are not &s;laves, they may both &s;ue, or implead, and be &s;ued, or impleaded; nay they may &s;ue their Ma&s;ters for Debt, or not performance of Covenants, &amp;c.</P>
<P N="22">22. Where he makes the Fathers power <HI>not to ari&s;e from Generation,</HI> but <NOTE PLACE="marg"><HI>Cap.</HI> 9. <HI>art.</HI> 1.</NOTE> that <HI>Art.</HI> 7. <HI>Children are &s;ubject to their Father, no otherwi&s;e then Servants are &s;ubject to their Masters;</HI> is &s;o wild and groundle&s;s an opinion, that it is not worth an an&s;wering.</P>
<P N="23">23. <HI>It is,</HI> he &s;aies, <HI>a &s;editious opinion, that Faith and Sanctity are not ac|quired</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 12. <HI>art.</HI> 6.</NOTE> <HI>by rea&s;on, and &s;tudy, but alwaies &s;upernaturally infu&s;ed and in&s;pired;</HI> and yet he &s;aies, <HI>Cap.</HI> 18. <HI>Art.</HI> 4. <HI>prope finem, There is but one way to Science,</HI> i. e. <HI>by definitions: but this way to Faith does hurt.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> How the&s;e two are con&s;i&s;tible, I do not under&s;tand. </P>
<PB N="31" REF="47">
<P N="24">24. <HI>Jus</HI> is contrary to <HI>Lex.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 14. <HI>art.</HI> 2. <HI>prope finem. Ob&s;erv.</HI></NOTE></P>
<P>Therefore by the 4. Axiom <HI>lib.</HI> 1. <HI>Euclid. Jus naturae,</HI> is contrary to <HI>Lex naturae.</HI></P>
<P>By <HI>Art.</HI> 1. <HI>cap.</HI> 4. <HI>Lex naturalis, e&s;t Lex divina.</HI> And therefore by <HI>Art.</HI> 2. <HI>cap.</HI> 14. <HI>Lex divina,</HI> is contrary to <HI>Jus divinum;</HI> which is mo&s;t abomi|nable Bla&s;phemy. Nay he &s;ays, <NOTE N="*" PLACE="marg"><HI>Cap.</HI> 8 <HI>ar.</HI> 10. and often|times in hi.s Preface.</NOTE> <HI>Jus divinum po&s;itivum,</HI> is the Scripture; and here, <HI>Lex divina po&s;itiva,</HI> to be the Scripture. So that he makes con|traries to &s;ignifie the &s;ame thing.</P>
<P><LABEL>Ob&s;erv.</LABEL> <HI>Lex naturae</HI> cannot be contrary to <HI>Jus divinum,</HI> nor different, but only in this: <HI>Jus divinum,</HI> is an ab&s;olute right in God, to will or command any thing to be a Law of Nature; and <HI>Lex naturae,</HI> is that which is &s;o willed or commanded by God. I deny therefore that any Creature can have <HI>Jus divinum;</HI> but that all right which any Creature hath, is either from &s;ome Divine, or Humane law.</P>
<P><HI>Jus naturae,</HI> is &s;uperior and mu&s;t precede <HI>Lex naturae.</HI></P>
<P>By <HI>Art.</HI> 3. <HI>cap.</HI> 1. Every man hath <HI>Jus naturae.</HI></P>
<P>Therefore every man hath a right above the Law of Nature; and &s;o Mr. <HI>Hobbs</HI> may &s;ave him&s;elf the trouble of his Philo&s;ophical Elements <HI>De Civie:</HI> For &s;ince he makes every man above the Law of Nature, &s;ure he can never make him &s;ubject to any Humane Law.</P>
<P N="25">25. <HI>It is impo&s;sible for the Civil Law to command any thing contrary to</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 14. <HI>ar.</HI> 10.</NOTE> <HI>the Law of Nature.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Is it not a wonderful thing, that this man &s;hould make the <HI>Civitas</HI> to be a humane Artifice and invention, and the Law of Nature to be the im|mutable Law of God; and yet that it &s;hould be impo&s;&s;ible that this Artifice (or created Deity) to command any thing contrary to this immu|table Law of God? Sure the greate&s;t Papalian never a&s;cribed &s;o much to the Pope in <HI>Cathedra.</HI> I will then tell him wherein the <HI>Civitas</HI> may com|mand <NOTE PLACE="marg">Wherein the <HI>Civitas</HI> may command contrary to the Law of Nature.</NOTE> contrary to the Law of Nature, and wherein he is mi&s;taken. The Laws of Nature are either upon &s;uppo&s;ition of Humane Laws, or not upon &s;uppo&s;ition of Humane Laws; as, <HI>Thou &s;halt not &s;teal,</HI> &s;uppo&s;es a Humane Law, which gives Property; but, <HI>Honor thy Parents, Be grateful for benefits received, &amp;c.</HI> &s;uppo&s;es no Humane Law: And therefore if the <HI>Civitas</HI> com|mands me to di&s;honor my Parents, or to be ingrateful for benefits received, (which <HI>de facto</HI> it may) this being but a Humane Law, I am notwith&s;tanding obliged to honor my Parents, and be grateful for benefits received. But Mr. <HI>Hobbs</HI> &s;uppo&s;ing no Laws of Nature, but upon &s;uppo&s;ition of Humane Laws, is the rea&s;on (I conceive) why he &s;ays, <HI>It is impo&s;sible for the</HI> Civitas <HI>to command any thing contrary to the Law of Nature.</HI></P>
<P>Yet will he have one exception, viz. <HI>That the</HI> Civitas <HI>commands nothing</HI> <NOTE PLACE="marg"><HI>Ibidem. Ob&s;erv.</HI> 2.</NOTE> <HI>to the contumely of God.</HI> If a man &s;hould ask him, whether there be no Law of Nature, but the Honoring of God? If there be no other Law of Na|ture, then to what purpo&s;e are all his Laws of Nature, of &s;tanding to Pacts, of &s;eeking Peace, &amp;c.? Well, but if men by the Law of Nature are ob|liged to honor God, and it be impo&s;&s;ible, as he &s;ays, for the <HI>Civitas</HI> to command any thing contrary to the Law of Nature, then is it impo&s;&s;ible for the <HI>Civitas</HI> to command any thing to the contumely of God; and &s;o he has made a needle&s;s exception. But it may be he does not think that men by the Law of Nature are bound to honor God; for he has not &s;o much as mentioned it in his Laws of Nature.</P>
<PB N="32" REF="48">
<P> <HI>For then they are no Laws.</HI> <NOTE PLACE="marg">Mr. Hobbs.</NOTE></P>
<P>Yes, the Statues of <HI>Omri</HI> were Statutes, although they commanded to the contumely of God; and &s;o was <HI>Nebuchadnezors</HI> command for the wor|&s;hiping <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> 3.</NOTE> the Golden Image, a Law, though made to the contumely and di&s;|honor of God.</P>
<P>Whereas he &s;aies, <HI>Quid &s;it Adulterium, does depend upon the</HI> Civitas; I would know of him, whether it were Adultery in <HI>David</HI> in lying with <HI>Bath&s;he|ba,</HI> <NOTE PLACE="marg"><HI>Ob&s;erv</HI> 4.</NOTE> during <HI>Uriahs</HI> life? if it were, then is it not true, which Mr. <HI>Hobbs</HI> here &s;aies; if it were not, then did God unju&s;tly, &s;o &s;everely to puni&s;h him there|fore</P>
<P><HI>Tyranny is not a State of a City, different from rightful Monarchy.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 7. <HI>art.</HI> 3.</NOTE></P>
<P><LABEL>Ob&s;erv.</LABEL> True, upon your fal&s;e and feigned Principles, where the wills and pacts of men are made the cau&s;e and origination of all Power in Government; where Mens wills are made their Laws, then which nothing can be more de&s;tructive to all Laws divine and humane; and the mo&s;t Wilful man &s;hould be the mo&s;t Ju&s;t man: for to what purpo&s;e &s;hould there be any Laws Divine, or Humane, if a Mans own will be a rule and Law to him|&s;elf? and by this Mans principles, <HI>it is only mens wills from which all Power in Government is derived, and to which Men ought to be &s;ubject.</HI></P>
<P>Yet, good Man, &s;ome difference he makes, <HI>viz.</HI> only in the <HI>exerci&s;e</HI> <NOTE PLACE="marg">Mr. Hobbs.</NOTE> <HI>of their Power;</HI> he for&s;ooth <HI>is a King that rules well, and he is a Tyrant that rules otherwi&s;e.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> As if <HI>Ab&s;oloms</HI> ki&s;&s;ing the <HI>I&s;raelites,</HI> when they came to demand Ju&s;tice, and his de&s;ire to judge the people righteou&s;ly, had made him a good Title to the Crown of <HI>I&s;rael;</HI> or that <HI>Jeroboam,</HI> or <HI>Athaliah</HI> had not been U&s;ur|pers, but very Rightful Princes, if they had ruled well. But though he makes no difference between Swordbearers and Swordtakers, between Gods Mini&s;ters, and Theeves and Robbers; yet the Holy Gho&s;t does, for Gods Mini&s;ter is a Swordbearer; and if he be not Gods Mini&s;ter and a <NOTE PLACE="marg"><HI>Rom.</HI> 13. 4.</NOTE> Swordbearer, but a Swordtaker, as our Saviour calls them who have not a <NOTE PLACE="marg">St. <HI>Matth.</HI> 26. 52.</NOTE> ju&s;t Authority, then who&s;oever <HI>&s;heddeth mans blood, by man &s;hall his blood be &s;hed, for in the image of God made he man.</HI> And if ever Man had a ju&s;t <NOTE PLACE="marg"><HI>Gen.</HI> 9. 6.</NOTE> cau&s;e to have taken the &s;word, then had St. <HI>Peter</HI> in defence of his Lord God and Ma&s;ter; but our Saviour reprehends him, telling him that who&s;oever takes the Sword &s;hall peri&s;h by the Sword. And it is not wicked men whom U&s;urpers, Tyrants, and Swordtakers &s;o much murder (for it is no better) as vertuous and hone&s;t: The wor&s;t of private Malefactors may ju&s;tly with the Whore in <HI>Terence</HI> an&s;wer to the be&s;t of Swordtakers (if there be any degree of goodne&s;s in any of them) <HI>quamvis ego digna &s;um hac contumelia maxime, indignus tamen tu qui feceris.</HI> And whereas he only makes <HI>Tyrannus ab exercitio,</HI> it is fal&s;e; for the abu&s;e of a thing does not alter the nature of a thing, as a Man is a Man, although a bad Man, who abu&s;es tho&s;e good parts which God hath given him; &s;o is a Father, and a Ma&s;ter, a Father and Ma&s;ter, (yet bad ones) where they abu&s;e their Power; and &s;o is a King, a King, although he abu&s;es his Power; and the Holy Gho&s;t many times calls them wicked, and idolatrous, Kings &amp;c. but never Tyrants, as this Man does.</P>
<P>I would here gladly be &s;atisfied of Mr. <HI>Hobbs,</HI> how (if God made Man <NOTE PLACE="marg"><HI>Cap.</HI> 1. <HI>art</HI> 12. <HI>and Cap.</HI> 8. <HI>art.</HI> 10.</NOTE> <HI>in the &s;tate of pure nature,</HI> as he &s;aies, in &s;uch a cut-throatly condition, and &s;o much wor&s;e than any other creature, that men might <HI>jure naturali ever|lastingly kill one another, and commit no offence, if the King or</HI> Civitas <HI>does</HI>
<PB N="33" REF="48"> <HI>not re&s;train it)</HI> God could in ju&s;tice have puni&s;hed <HI>Cain</HI> for killing <HI>Abel,</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 6. <HI>art.</HI> 16.</NOTE> if <HI>Cain</HI> or <HI>Abel</HI> had not gone to <HI>Do</HI> or <HI>Dedi,</HI> and not to <HI>Dabo</HI> or <HI>Faciam</HI> with <HI>Adam,</HI> and made him their King, or <HI>Civitas</HI> over them, and <HI>Adam</HI> have given them a Law not to kill one another, (which I no where find, nor he proves, nor do I &s;ee any colour of rea&s;on to believe:) Nor had <HI>Adam</HI> any power to re&s;train his Sons, or give them Law, as Father; for if you believe him, he tells you, that <HI>Dominium paternum non oritur ex</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 9. <HI>art.</HI> 1.</NOTE> <HI>generatione.</HI></P>
<P>I would further be &s;atisfied, how this civil pact can give the <HI>Civitas</HI> that which none of them have, <HI>viz.</HI> Property, and power of life and death, without which can be no <HI>Civitas</HI> or Supreme Power; or any Power at all, if we be Chri&s;tians, and believe God, who &s;ays, <HI>By me Kings reign, and</HI> <NOTE PLACE="marg">Pro. 8. 5.</NOTE> <HI>Princes decree ju&s;tice, or judgment;</HI> and that, <HI>All powers are of God, and the</HI> <NOTE PLACE="marg">Rom. 13. 1.</NOTE> <HI>powers that be are ordained of God.</HI> If they be then Gods ordinances, and ordained of him, then can they not be an artifice and invention of any Man, but are, and ever have been, whether <HI>Do</HI> or <HI>Dedi</HI> ever had been or not.</P>
<P>And let any man judge whether he does not contradict him&s;elf. He <NOTE PLACE="marg"><HI>Cap.</HI> 5. <HI>art.</HI> 4.</NOTE> &s;ays, <HI>That the concord and con&s;ent of the Multitude, is not &s;ufficient long to pre|&s;erve Peace; but that it behoveth that &s;omething more be done, that they who have once con&s;ented to peace and mutual aid, for the common good, &s;hould not afterward, when any Private good varies from the Publique, again di&s;agree, be re&s;trained by Fear.</HI> And <HI>Art.</HI> 5. he &s;ays, <HI>Ari&s;totle reckons among living crea|tures, which he calls Politick, not only Man, but al&s;o many other, as the Ant and Bee, who although they be de&s;titute of rea&s;on, by which they can make covenants and &s;ubmit them&s;elves to Government; yet neverthele&s;s by con&s;enting, that is, by de&s;iring the &s;ame things, and by avoiding the &s;ame things, they &s;o direct their actions to one common end, that their Companies are obnoxious to no &s;editions: Yet are not their Companies therefore</HI> Civitates, <HI>nor are tho&s;e Creatures to be called Politick, becau&s;e their Government is only con&s;ent, or many wills to one object, not (as is nece&s;&s;ary in a City) one will.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now mark, here he &s;ays, Con&s;ent only makes no <HI>Civitas;</HI> yet where he would prove the beginning of his In&s;titutive or Politick Government from Scripture, he &s;ays, <HI>Tale fuit initium regni Dei, &amp;c. Such was the</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 11. <HI>art</HI> 1.</NOTE> <HI>Kingdom of God over the Jews, in&s;tituted by</HI> Mo&s;es: <HI>If you will hear my voice, &amp;c. ye &s;hall be to me a Priestly Kingdom. And all the People together an&s;wered, We will do what&s;oever the Lord hath &s;poken.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So here let any man &s;ee this great Ma&s;ter of Learning and Rea&s;on, make the <HI>Initium</HI> of this In&s;titutive or Politick <HI>Civitas</HI> to be derived from the Con&s;ent of the Multitude; and in the &s;ame breath, before the Multi|tude did con&s;ent, he makes God only by his &s;ervant <HI>Mo&s;es</HI> fir&s;t to will, and after that the People to con&s;ent. You come behind, and I follow after, whither of us went before?</P>
<P>But &s;uppo&s;e the beginning of this <HI>Civitas</HI> had its beginning from the <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> 2.</NOTE> Con&s;ent of the People, yet does he contradict him&s;elf as much as before; for then this <HI>Initium,</HI> is the <HI>Initium, caput, corpus, &amp; finis</HI> of it, for here is nothing added to it. So that either here is no <HI>Civitas,</HI> and &s;o Mr. <HI>Hobbs</HI> &s;ays not true, and has taken great pains to no purpo&s;e; or el&s;e this <HI>Civitas</HI> is wholly made from the Con&s;ent of the Multitude, which is ab&s;urd, and contrary to <HI>Art.</HI> 4. <HI>&amp;</HI> 5. <HI>Cap.</HI> 5.</P>
<PB N="34" REF="49">
<P> Well, let us &s;ee whether he hath better &s;ucce&s;s with <HI>Art.</HI> 6. then the 4. and 5. where he &s;ays, <HI>Becau&s;e the con&s;piracie of more Wills to the &s;ame end, is not &s;ufficient for the pre&s;ervation and &s;table defence of Peace,</HI> (Doubt|le&s;s it is not le&s;s then a Judgment upon him, that he &s;hould call &s;uch a con|&s;ent as he here &s;peaks of, a Con&s;piracie, which all men take in ill &s;ence, of men con&s;enting to do &s;ome evil act:) <HI>it is requi&s;ite that the will of all be one, concerning tho&s;e things which are nece&s;&s;ary to peace and defence: But this can|not be, unle&s;s every man &s;o &s;ubjects his will to the will of another,</HI> viz. <HI>of an|other Man, or Court, that what&s;oever he wills concerning tho&s;e things which are nece&s;&s;ary to the common peace, be accounted the will of them all and every one of them.</HI> And <HI>Art.</HI> 7. he &s;ays, <HI>This &s;ubmi&s;sion to the will of one Man, or one Council, then is made the will of them all, when every one of them obligeth him|&s;elf by pact to every one of the other, not to re&s;i&s;t the will of that Man, or that Council, to which he has &s;ubmitted him&s;elf.</HI> And this a little after, he &s;ays, is called <HI>Unio;</HI> and this Union &s;o made, <HI>Art.</HI> 9. is called <HI>Civitas,</HI> or <HI>Societas civilis,</HI> or <HI>Per&s;ona civilis.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> If this <HI>Unio,</HI> or <HI>Civitas,</HI> or <HI>Societas,</HI> or <HI>Per&s;ona civilis</HI> be &s;o nece&s;&s;ary to all Governments, and that it mu&s;t (and therefore may) be made by mens pacts one with another; I wonder why the <HI>Children of I&s;rael</HI> &s;hould be <NOTE PLACE="marg">1 Sam. 8. 5.</NOTE> &s;o zealous to have a King to judge them, like all the Nations, if they could by their pacts have made one, without ever asking one at Gods hands. Nor was there at that time, or ever before, any &s;uch thing as <HI>i&s;ta Curia,</HI> or De|mocracy ever heard of: For the <HI>Children of I&s;rael</HI> de&s;ired a King to judge them like to all the Nations; and at that time was <HI>Codrus</HI> King of the <HI>Athenians, Smendes</HI> or <HI>Semendes</HI> King of the <HI>Sicyonians, Aletes</HI> King of the <HI>Corinthians, Eury&s;thenes</HI> King of the <HI>Lacedemonians.</HI> So that in tho&s;e days, not among the <HI>Grecians</HI> was there ever &s;o much as Ari&s;tocracy or Demo|cracy heard of. Nor was there ever any place in the world, where there were men inhabiting, without Government; (For that place <HI>[When there was no King in I&s;rael]</HI> we &s;hall an&s;wer afterwards.) Nor was there origi|nally ever any Government, but Monarchy; and that never from any Pacts of men: And this Government &s;o continued everywhere, until it was violated by &s;editious and rebellious men.</P>
<P>And whereas he makes this Civil Pact to be &s;o nece&s;&s;ary, and antece|dent to all Civil Government; I would fain know of Mr. <HI>Hobbs,</HI> whether <HI>Saul, David, Solomon, Jehu, Hazael, Cyrus, &amp;c.</HI> were not as much Kings, or <HI>Civitates</HI> (as he calls them) as if they had all this Covenanting and making Pacts one with another, That this mans will &s;hould be the will of them all, Not to re&s;i&s;t the will of <HI>David, Solomon, Hazael, &amp;c.</HI> in tho&s;e things which they deemed nece&s;&s;ary for the peace of the <HI>I&s;raelites, Per&s;ians, Syrians, &amp;c.?</HI> But if the&s;e were <HI>Civitates,</HI> (as if Mr. <HI>Hobbs</HI> be a Chri&s;tian, which I think may be a que&s;tion, he mu&s;t needs confe&s;s) and yet not made &s;o by his Civil pacts, nor indeed any other; Then is this <HI>Unio</HI> &s;o far from being e&s;&s;ential or nece&s;&s;ary to the making of a King or <HI>Civitas,</HI> that as to the right of a King, it is no matter whether it be made or not: For men, if they do not &s;ubmit, and con&s;ent to rightful Kings government, they di&s;|obey God. <NOTE PLACE="marg">Deut. 17. 15.</NOTE></P>
<P>Nor did God rob the <HI>I&s;raelites, Syrians,</HI> or <HI>Per&s;ians,</HI> or any other Nation, of any of their original right and power of making to them&s;elves Kings, by giving them Kings. Nor were the&s;e Kings <HI>Civitates Naturales,</HI>
<PB N="35" REF="49"> as he calls them, having overcome by force, and commanding le&s;t they <NOTE PLACE="marg"><HI>Cap.</HI> 5. <HI>art.</HI> 12.</NOTE> &s;hould kill. <HI>Xenophon</HI> in his Proeme to <HI>Cyropoedia,</HI> &s;ays: <Q>We know they did partly obey <HI>Cyrus,</HI> who were &s;evered from him many days journey, they who were &s;evered from him many moneths journey, and they who had never &s;een him; and la&s;tly they who could not hope ever to &s;ee <HI>Cyrus,</HI> yet were content to obey him. And when he had reckoned up all the Countries &s;ubject to <HI>Cyrus,</HI> &s;ays, He enjoyed the Dominion of all tho&s;e Kingdoms, who&s;e language was neither the &s;ame with his, nor common with them&s;elves: And yet there could be nothing le&s;s, then for fear of him, &s;o great a part of the world &s;hould obey; that all &s;tricken with fear, none &s;hould dare to di&s;obey him.</Q></P>
<P><LABEL>Ob&s;erv.</LABEL> And whereas he &s;ays, <HI>That is to be under&s;tood the will of the Council,</HI> <NOTE PLACE="marg"><HI>Art.</HI> 7.</NOTE> <HI>which is the will of the major part of tho&s;e Men, of whom the Council con&s;i&s;ts:</HI> It is an improper &s;peech; for, the will of the major part, cannot be the will of the totality, but plurality; and if the will of the major part could be the will of the whole, then were a part equal to the whole, which is ab|&s;urd, and impo&s;&s;ible by <HI>Not.</HI> 9. <HI>Eucl. lib.</HI> 1,</P>
<P>And though he takes &s;uch pains about his Pacts, and makes them &s;o e&s;&s;ential, and precedent to all <HI>Civitates,</HI> and that all In&s;titutive <HI>Civitas</HI> is built upon; yet &s;uch is Truths excellency, that he overthrows it all, where he &s;ays, <HI>Quare tu appellas eum Tyrannum, quem Deus Regem fecit?</HI> 'Tis true <NOTE PLACE="marg"><HI>Cap.</HI> 12. <HI>ar.</HI> 13.</NOTE> indeed, if he be a King, only God can make him &s;o: And if Civil power <NOTE PLACE="marg">Pro. 8. 15. I&s;a. 3. 4.</NOTE> had been artificial in the cau&s;e, then mu&s;t it nece&s;&s;arily be, that &s;ome time may be in&s;tanced where, and when this artifice was not: For all arts de|pending, and being made from mans under&s;tanding and rea&s;on, there mu&s;t be a time before this art was found out; and if it were an art, it is not to be imagined that it &s;hould alwaies, in all times, be practi&s;ed every where in the habitable world: And every man &s;ees, that &s;ometimes &s;everal arts are e&s;teemed by &s;ome men, in one place, and neglected by others in the &s;ame place, and in other places not minded at all; and a famous Invention, or Art, is much cryed up in one Age, not minded, and neglected in another: whereas the mutual offices of Commanding, and Obeying, were always among men, in all places, ever &s;ince there were men in the world. 'Tis true therefore which <HI>Ari&s;totle</HI> &s;ays, that <HI>Na&s;citur dominus, &amp; na&s;citur &s;ervus;</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>Pol. Cap.</HI> 3. <HI>art.</HI> 13.</NOTE> although he would have it <HI>contrary to rea&s;on and experience.</HI> And by con&s;e|quence, the Kings of <HI>Denmark, Poland,</HI> and the <HI>Romans,</HI> are rather Kings by courte&s;ie, (as they call the &s;ons of Dukes, and the elde&s;t &s;ons of Mar|que&s;&s;es and Earls, and the Judges when they are upon the Bench, Lords, though they be none) rather then Kings indeed. And &s;o the Emperor, and Duke of <HI>Venice,</HI> are rather Supreme Powers in imagination, then truly &s;o: which made our <HI>Edward</HI> the Third to refu&s;e the Empire, and <HI>Henry</HI> the Fourth of <HI>France</HI> to &s;corn it.</P>
<P>And if it be true which he &s;ays, as it is, <HI>that God makes Kings;</HI> then is it <NOTE PLACE="marg"><HI>Cap.</HI> 7. <HI>art.</HI> 15.</NOTE> fal&s;e where he &s;ays; <HI>that a Monarch may at his will declare his Succe&s;&s;or.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Sure, this man would not have feared to have been of the Lady <HI>Jane's</HI> Con&s;piracie again&s;t Queen <HI>Mary,</HI> the Lady <HI>Jane</HI> being declared Succe&s;&s;or to <HI>Edward</HI> the Sixth by his la&s;t will and Te&s;tament. Be&s;ides, if it be true, as it is, which Sir <HI>Edward Coke</HI> &s;ays, that <HI>Solus Deus haeredem facere pote&s;t, non</HI> <NOTE PLACE="marg"><HI>Co. Lit. &s;ect.</HI> 7.</NOTE> <HI>homo,</HI> and this to E&s;tates that de&s;cend by Humane Laws; then &s;ure no man can make an Heir to a Crown.</P>
<PB N="36" REF="50">
<P> But if Mr. <HI>Hobbs</HI> &s;hall ask me, If power in Government were not ori|ginally from Pacts, how it came fir&s;t into the world? I an&s;wer, That I am not bound to give an account of things how they came to pa&s;s, whereof there is no record: It is enough for me to affirm, That no time ever was wherein men did live together out of Society and Government. Be&s;ides, Society being natural, it is an ab&s;urd que&s;tion; and a man may as well ask, why God made the world in that order and frame that he hath; or how he came to make Man a rea&s;onable creature, and all other irrational, as why a &s;ociable?</P>
<P>Well, but if he &s;hall &s;ay, that Laws ought to be known; and if Kings reign by Gods law, then how can any man know that this man is King in this place, and that man King in another place? I an&s;wer, That I am con|tent to &s;hew this man by Gods law to be King here, and that man to be King there, when any man &s;hall &s;hew me by any Humane law, that any In|dividual man is heir to any E&s;tate. And if there be that excellencie in truth, that a right Heir to the meane&s;t E&s;tate be rarely &s;uppre&s;&s;ed; then is this excellencie of truth more per&s;picuous, whenas I am confident that the right Heir to a Crown was never &s;o &s;uppre&s;&s;ed, but he was ever believed to be &s;o by them, who had never &s;een him, and mo&s;t hated him. Be&s;ides, <HI>Jus</HI> is <HI>duplex, Jus proprietatis, &amp; po&s;&s;e&s;sionis; Jus ad rem,</HI> and <HI>Jus in re.</HI> And therefore any Prince who is po&s;&s;e&s;t of a Crown, has a Title good enough again&s;t any man el&s;e, but him who hath the <HI>Jus proprietatis,</HI> or <HI>Jus ad rem.</HI> And therefore ought no man, upon penalty of Damnation, to <HI>re&s;ist the Higher powers which are,</HI> that is, which are in po&s;&s;e&s;&s;ion, if it does not clearly <NOTE PLACE="marg">Rom. 13. 1.</NOTE> and evidently appear, that this is only pretended power, and force indeed, to the di&s;po&s;&s;e&s;&s;ion and di&s;inheritance of another, again&s;t who&s;e right and title no ju&s;t exception can be taken. Let this &s;uffice here; we &s;hall take occa&s;ion to di&s;cour&s;e hereof more hereafter.</P>
<P>I would fain know of Mr. <HI>Hobbs,</HI> Who gave the People this power of making Kings, or <HI>Civitates?</HI> or what are the People that have, or when was it, that they had it? At what age in pure nature, &s;hall any man claim this right of giving up his Will, or be an In&s;trument of making this Civil Pact? or who &s;hall define this time? Whether Women be not part of Mankind, and have not Wills as much or more then Men; and are not as liable to puni&s;hment for not ob&s;ervance, or tran&s;gre&s;&s;ing humane Laws, as Men? Whether it be not rea&s;onable, Po&s;terity may not give up their Wills to another, &s;ince they have not the &s;ame Wills with their Ance&s;tors? Whether the Ten Tribes did not rebel in giving up their Wills to make <HI>Jeroboam</HI> King, though neither they or their ance&s;tors ever made <HI>Rehoboam, Solomon,</HI> or <HI>David</HI> King, by giving up their Wills? Whether the King or <HI>Civitas</HI> claiming all right and power from the Multitude, and every one of the Multitude claiming all right and power from the King or <HI>Civitas,</HI> be not <HI>Idem per idem?</HI> And let any man judge whether there be any thing more unrea&s;onable then this mans <HI>Dictamen rectae Rationis.</HI></P>
</DIV1>
<DIV1 TYPE="observations">
<PB N="37" REF="50">
<HEAD>OBSERVATIONS ON <HI>H&V;GO GROTI&V;S De Jure Belli &amp; Pacis.</HI></HEAD>
<P>_LEt us &s;ee whether <HI>Grotius</HI> his Fabrick built upon this Popular foundation, be not as ab&s;urd and mon&s;trous, as either our <HI>Author's,</HI> or Mr. <HI>Hobbs's;</HI> and adde him to the&s;e two, and &s;ee whether the&s;e Three be in Harmonical proportion.</P>
<P>But before we proceed, we will take &s;ome direction from the greate&s;t Light of Nature, <HI>Ari&s;totle;</HI> who &s;ays, <HI>All men</HI> <NOTE PLACE="marg"><HI>Metap. l.</HI> 1. <HI>c.</HI> 1.</NOTE> <HI>naturally de&s;ire to know; but there is but one way by which men can attain to know|ledge,</HI> viz. <HI>That they proceed from things known, to find out things le&s;s known; and from things manife&s;t, to find out things more ob&s;cure.</HI> Which is evident: <HI>Naturaliter con&s;tituta e&s;t via ab iis quae &s;unt nobis notiora &amp; clariora, ad ea</HI> <NOTE PLACE="marg"><HI>Phy&s;. lib.</HI> 1. <HI>tit.</HI> 2, 3.</NOTE> <HI>quae &s;unt clariora &amp; notiora natur&acirc;. Non enim eadem &s;unt &amp; nobis nota, &amp; &s;impliciter: quare nece&s;&s;e e&s;t hoc modo progredi; nimirum, ex iis quae natur&acirc; quidem &s;unt ob&s;curiora, nobis tamen &s;unt clariora, ad ea quae &s;unt notiora &amp; clariora natur&acirc;. Ea ver&ograve; &s;unt nobis primum per&s;picua &amp; manife&s;ta, quae &s;unt magis confu&s;a. Idcirco ab univer&s;alibus ad &s;ingularia progredi oportet: totum enim &s;ecundum &s;en&s;um notius est; univer&s;ale autem e&s;t totum quiddam.</HI></P>
<P>Well; <HI>Grotius</HI> &s;ays, <HI>In the beginning of Mankind, Community was an|other</HI> <NOTE PLACE="marg"><HI>Mare Lib. c.</HI> 5. <HI>p</HI> 34.</NOTE> <HI>thing then what Dominion now is: For now</HI> Dominium <HI>&s;ignifies &s;ome|thing proper, which thing (to wit) is &s;o one mans, as it is not anothers in the &s;ame manner. We call that thing Common, who&s;e propriety is collated amongst many by a certain con&s;ort or con&s;ent, excluding other men.</HI> Linguarum paupertas co|egit voces ea&s;dem in re non eadem u&s;urpare: <HI>The poverty of Tongues hath forced men to u&s;e the &s;ame words in a thing not the &s;ame. The Community which then was, was nothing el&s;e but what was &s;imply oppo&s;ed to Property.</HI></P>
<PB N="38" REF="51">
<P> But in his Preface to this Book <HI>De Jure Belli &amp; Pacis, &amp; para.</HI> 3. <HI>lib.</HI> 1. <HI>cap.</HI> 1. He &s;hall not need to complain, that the poverty of Tongues compells him to u&s;e the &s;ame words, in a thing not the &s;ame. For he him&s;elf u&s;eth things not the &s;ame, (viz. <HI>Communitas &amp; Societas)</HI> in the &s;ame word, viz. <HI>Communitas.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now, that Community and Society is not the &s;ame thing: There is not, nor ever was &s;ince the beginning of the world, any Family where men did not live in Society; but in no Family did men ever live in Community. Nor did ever men de&s;ire &s;uch a Community, as he here, and before in his <HI>Mare Lib.</HI> &s;peaks of; Nor can Mankind &s;ub&s;i&s;t in &s;uch a Community; and <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>cap.</HI> 1. <HI>para.</HI> 3. <HI>Lib</HI> 2. <HI>cap.</HI> 2. <HI>para.</HI> 2.</NOTE> &s;o he him&s;elf confe&s;&s;es. And Man may be therefore not improperly &s;aid to be a rea&s;onable creature, becau&s;e he does not love and affect another be|cau&s;e he is of the &s;ame kind with him&s;elf, (as other creatures who live in companies do) but choo&s;es his &s;ociety, as his Rea&s;on or conver&s;ation leads him.</P>
<P>But this Community (he &s;ays) which Man de&s;ires, <HI>is not of what&s;oever Community, but of peaceable, and ordained for the manner of his under&s;tand|ing, with them who are of his own kind: which Community the Stoicks called</HI> <GAP DESC="foreign">.</P>
<P><LABEL>Ob&s;erv.</LABEL> Does any Creature that lives in flocks and herds, not de&s;ire the com|munity of its own kind? and therefore Hogs, Deer and Goats keep in herds, and Sheep in flocks. Or does any man think that <HI>Grotius</HI> could ever imagine, that his Countrimen did de&s;ire Society or Community with other Nations for their Under&s;tanding, or Profit? If they de&s;ire this So|ciety or Community for Profit, then are they out of <HI>Grotius</HI> his fir&s;t Prin|ciple proper to Man; and for ought I can under&s;tand, as very Bea&s;ts, as any who de&s;ire to live in Community.</P>
<P>But <HI>Cynthius aurem vellit:</HI> For, &s;ays he, <HI>Quod ergo dicitur natura, quod|que animal ad &s;uas tantum utilitates ferri, ita univer&s;e &s;umptum, concedi non debet. What thing therefore is called Nature, and that every Creature is carried only to their profits, ought not to be granted &s;o univer&s;ally taken. For even &s;ome of other living Creatures, the &s;tudy of their profit, partly in re&s;pect of their young ones, partly in re&s;pect of others of like kind with them&s;elves,</HI> aliquatenus tem|perant.</P>
<P><LABEL>Ob&s;erv.</LABEL> Is not here a Principle well defined! What &s;o much as Equivocation can be taken again&s;t this, or the other Principle of Men, and Bea&s;ts? or indeed, what Man or Bea&s;t does under&s;tand any thing clearly from either of them? How does this man take <HI>Ari&s;totles</HI> one onely way to attain to know|ledge, <HI>viz.</HI> from known and manife&s;t things, to find out things le&s;s known and more ob&s;cure; whenas his very Principles are &s;o ob&s;cure and equivocal, as either they are not to be under&s;tood, or may &s;ignifie one thing as well as another? Nay, let any man &s;ee if he makes not his Countrimen generally verier Bea&s;ts then many other; for they have no re&s;pect of others of like kind with them&s;elves, but only &s;tudy their own profit: <NOTE N="*" PLACE="marg">Grotius.</NOTE> <HI>Which thing we believe, in them, does proceed from &s;ome outward under&s;tanding principle; Ex principio aliquo intelligente extrin&s;eco.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Has he not now well mended the matter, thus by a new term (I believe never before heard of, nor for ought I under&s;tand, to be under&s;tood) to ex|plane a thing ob&s;cure, by a term more ob&s;cure? But the matter in contro|ver&s;ie is not, from what Principle Bea&s;ts de&s;ire Society; but, whether they de&s;ire Society, or not?</P>
<PB N="39" REF="51">
<P> When he is got loo&s;e from the&s;e Principles, he then &s;aies, <HI>But this</HI> <NOTE PLACE="marg">Grotius</NOTE> <HI>keeping of &s;ociety, which in a rude manner we have expre&s;&s;ed convenient to hu|mane intellect, is, the fountain of that right or law</HI> (ejus juris) <HI>which is properly &s;o called, by which abstinence from what is anothers, obligation to perform promi|&s;es, reparation for wrong done, &amp;c. do appertain.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> But &s;ure the Man does much forget him&s;elf; for in this Community he here &s;peaks of, there can be no <HI>meum</HI> or <HI>tuum,</HI> and therefore no <HI>alienum,</HI> and by con&s;equence no <HI>alieni ab&s;tinentia;</HI> nor can any Man perform any pro|mi&s;e, who can have nothing wherewith to perform; nor make reparation for wrong, when he can neither do any, nor has any thing to repair it withall.</P>
<P>Then he tells us, <HI>From this &s;ignification of Right or Law</HI> (ab hac <NOTE PLACE="marg">Grotius.</NOTE> juris &s;ignificatione) <HI>flowed another larger, which</HI> (he &s;aies a little after) <HI>con|&s;ists in di&s;cerning what delights or hurts us, and in judging how things &s;hould be wi&s;ely di&s;tributed.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> What is there in this, which is proper to Man? does not every other Creature by an in&s;tinct in nature (which God has given in&s;tead of rea&s;on) di&s;cern much better then any Man does, what thing delights, and hurts them? and all oviparal creatures more wi&s;ely di&s;tribute to their young ones, then the wi&s;e&s;t Man can to his Children.</P>
<P>He defines <HI>jus naturale,</HI> to be <HI>Dictatum rectae rationis indicans actui</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>cap.</HI> 1. <HI>para.</HI> 10.</NOTE> <HI>alicui, ex ejus convenientia, aut di&s;convenientia, cum ip&s;a natura rationali, ine&s;&s;e moralem turpitudinem aut nece&s;sitatem moralem, ac con&s;equenter ab auctore naturae Deo talem actum aut vetari aut praecipi.</HI> The Law of nature is the dictate of right rea&s;on, &s;hewing to any action, from its convenience or di&s;convenience with Rational nature, that there is in it a Moral turpi|tude or a Moral nece&s;&s;ity, and con&s;equently &s;uch an act is commanded or forbidden by God the Author of Nature.</P>
<P><LABEL>Ob&s;erv.</LABEL> Would not any man after all this adoe, expect that <HI>Grotius</HI> had defined &s;omething? But if <HI>definitio</HI> be <HI>exclu&s;io aequivoci,</HI> then is that no definition which may &s;ignifie one thing as well as another; and if humane actions convenient or di&s;convenient with Rational nature, may be prudent and profitable, a&s;well as Ju&s;t and Moral, then is there not in every action con|venient and di&s;convenient with the Rational nature, a Moral turpitude or nece&s;&s;ity; and &s;o every &s;uch action is not the Law of Nature, and &s;o neither commanded nor forbidden by God. But I forgive <HI>Grotius</HI> in this, not having defined any thing le&s;s equivocally: as al&s;o his every where confounding <HI>jus</HI> with <HI>lex,</HI> in regard the <HI>Romans, Civilians,</HI> and generally Lawyers do &s;o; yet thus much I do affirm, that if <HI>jus</HI> and <HI>lex</HI> according to <HI>Calepine,</HI> do differ as <HI>Genus</HI> and <HI>Species,</HI> or at lea&s;t as the cau&s;e and effect; (for it is impo&s;&s;ible there &s;hould be <HI>lex lata</HI> where there was not <HI>jus legi&s;la|tivum</HI> &s;uperior, and the cau&s;e of the Law) then he which writes of the&s;e things mu&s;t di&s;tingui&s;h and define them, or he &s;hall never write clearly, or be clearly under&s;tood in any thing which he writes of them.</P>
<P>But though he makes <HI>jus naturale</HI> to be <HI>dictatum rectae rationis, viz.</HI> a liberty or ab&s;tinence to every Man, to do or not do what&s;oever is rea&s;onable <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>cap.</HI> 1. <HI>Parag.</HI> 10.</NOTE> to him, and that this <HI>jus</HI> is the Law of God and unalterable by God him&s;elf; yet without giving any rea&s;on for it, he &s;aies, <HI>Sciendum e&s;t praeterea &amp;c. It is to be further known, that natural Right or Law does not only act concerning tho&s;e things which are above a Mans will, but concerning many things which follow a</HI>
<PB N="40" REF="52"> <HI>mans will. So, Dominion which is now brought in u&s;e, mans will brought in: But being brought in, it is wickedne&s;s in me to take against thy will, that which Natural law or right</HI> (Jus naturale) <HI>&s;hews to be of thy dominion.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So that his Principles before were either equivocal, or ob&s;cure; And here is one, which &s;ignifies contradictory, and impo&s;&s;ible things.</P>
<P>The&s;e things therefore granted, and being the ea&s;ie, and known Prin|ciples upon which <HI>Grotius</HI> laies his foundation, and &s;o plain and per&s;picuous, as no exception, nay not &s;o much as equivocation can be taken again&s;t them, any of them, or any part of them; Sure he &s;hall not need much to u&s;e the help of Geometry, to build a mo&s;t exact and noble Structure, which &s;hall not only be a Land-mark, but al&s;o a Sea-mark for all Kings and Common|wealths, now and hereafter to govern and &s;teer their actions by, <HI>tam per mare, qu&agrave;m per terram,</HI> as well by Land as Sea; but al&s;o a &s;ecure Rule for Subjects to continue their obedience, until they pretend a nece&s;&s;ity for rebellion; if otherwi&s;e they cannot find &s;ome relief out of &s;uch popular Orators as <HI>Cicero, Demo&s;thenes, Cleon, &amp;c.</HI> which <HI>Grotius</HI> &s;hall e&s;teem of like weight with any te&s;timony of Scripture.</P>
<P>It is a mo&s;t plea&s;ant thing to &s;ee the excellencie of Truth in her pure and &s;imple nakedne&s;s, how plain, ea&s;ie, and beautiful &s;he appears: whereas Fal&s;hood, with all the art, learning and indu&s;try of man, is &s;till rendred more perplext, confu&s;ed and dark, by how much is added to it.</P>
<P>And therefore to what a volume here has <HI>Grotius</HI> increa&s;ed his <HI>Jus Naturale!</HI> Sometime it is <HI>Jus divinum voluntarium, jus divinum, jus hu|manum, jus humanum voluntarium, jus gentium, jus civile, jus latius patens, jus arctius patens, jus con&s;titutum, jus immutabile, jus commune, jus gladii, jus divinum perfectius, jus belli &s;olenne, jus belli minus &s;olenne, jus precarium, jus revocabile, jus u&s;ufructuarium, jus temporarium, jus armorum movendorum magi&s;tratuum minorum, jus naturae pro certo &s;tatu, jus rectorium, jus aequa|torium, jus &s;uperveniens regis, jus externum, jus internum, jus exterorum &s;uper|venienti dominio, jus pignoris, jus retentionis, jus &s;ervitutis, jus luendi pi|gnoris, jus tran&s;eundi, jus morandi, jus habitandi, jus habendi loca de&s;erta, jus reductive, jus re&s;trictive, jus gentium improprie, jus derelictum, jus quae|&s;itum, jus feciale, jus externum efficax, jus reale, jus inventionis, jus primi occupantis, jus proprietatis, jus po&s;&s;e&s;sionis, jus dominii, jus herile, jus paternum, &amp;c.</HI> Whereas if he had made u&s;e of that plain and &s;hort Sentence, which the greate&s;t Glory of all the Heathen Roman Emperors profe&s;&s;ed he learned <NOTE PLACE="marg">Alex. Severus.</NOTE> of the Chri&s;tians, <HI>Quod tibi fieri non vis, ne feceris alteri;</HI> it would have &s;ignified infinitely more, then is contained in all the confu&s;ed ob&s;curity which he impo&s;es upon the world in this Book <HI>De Jure Belli &amp; Pacis,</HI> founded upon this fal&s;e and feigned Principle of the <HI>Original right and power of the People,</HI> from whence he derives all power in Government. For, art thou a Subject? thou woulde&s;t not willingly any man &s;hould forceably or fraudulently take any thing, which the Law has given thee, from thee; Do not thou &s;o by another. Is he a King? he would not have his Subjects wronged by another; Let not him wrong another Kings Subjects. If one Subject does another wrong, the Law is open; he who is wronged may have relief by Action or Complaint, not by Arms. If one King does wrong to another, he who is wronged has God and his &s;word to defend him&s;elf, and do ju&s;tice upon his Adver&s;ary. And whether the doing, or not doing &s;uch a thing be wrong or injury, is every King, and not <HI>Grotius</HI> Judge, and God the Judge of every King.</P>
<PB N="41" REF="52">
<P> It is true, that in all Faculties what&s;oever, and in all Arts and Sciences, men mu&s;t u&s;e Terms to expre&s;s what they conceive by any general Notion and The&s;is, <HI>(Et ab univer&s;alibus ad particularia ratiocinando, oritur &s;cientia)</HI> and mu&s;t alter their Terms as they proceed from one thing to another, and add to them in the &s;pecifications of them; (for, <HI>Omnis additio probat mino|ritatem.)</HI> But no man (who de&s;ires to be under&s;tood, or who de&s;ires to under&s;tand him&s;elf) will undertake &s;uch a task as <HI>Grotius</HI> here does, to compile a Volume upon &s;uch contradictory, equivocal, and ob&s;cure Prin|ciples: For, <HI>Conclu&s;io &s;equitur deteriorem partem.</HI> And if any part of a Propo&s;ition be but probable, though the Sillogi&s;m be made in the cleare&s;t Mood, yet the Conclu&s;ion is no more.</P>
<P>And any man may much better thus rea&s;on, then <HI>Grotius</HI> does:&mdash;A right-lined Figure, is that which is comprehended under right lines; and that which is comprehended under three right lines, is a right-lined Tri|angle. <HI>Sciendum praeterea, &amp;c.</HI> It is to be further under&s;tood, Right-lined Figures are not only &s;uch as are contained under right lines, but may &s;erve for many other things be&s;ides. So, Spherical Figures, as they are now u&s;ed by A&s;tronomers, the invention of man has found out; but being found out, the&s;e right-lined Figures may &s;erve for them al&s;o; (for, Spherical and right-lined Figures have many things common to them both; as when they are cut tran&s;ver&s;e, they are cut to right angles; and in Spherical and right-lined Triangles, two &s;ides is more then the third, how&s;oever taken; and in both, the &s;ides have the &s;ame proportion one to another, that their oppo|&s;ite angles have; nor are they in any thing contrary one to another:) Yet if any man &s;hall take a Spherical and right-lined Triangle for the &s;ame thing, (as <HI>Grotius</HI> does <HI>Jus Naturale,</HI> which he makes to &s;ignifie Community and Property, in the &s;ame Principle, which are contrary one to another) I make no doubt but he might compile as big a Volume, and almo&s;t as little to be under&s;tood, as this <HI>De jure Belli &amp; Pacis.</HI></P>
<P>Well, but let us &s;ee why <HI>Jus Naturale</HI> is immutable by God him&s;elf. (Note, <HI>Grotius</HI> every where almo&s;t confounds <HI>Jus</HI> with <HI>Lex;</HI> and here he takes <HI>Jus Naturale,</HI> for <HI>Lex Naturae.)</HI> For, <HI>Although</HI> (&s;ays he) <HI>the power of God is immen&s;e, yet &s;ome things may be &s;aid to be, to which it does not extend it &s;elf; becau&s;e tho&s;e things &s;o &s;aid, are only &s;aid, and have no &s;en&s;e which may expre&s;s the thing, but are repugnant to them&s;elves: So that twice Two &s;hould not make Four, cannot be effected by God.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> It is true, that God cannot make contradictory things, and things re|pugnant to agree, and to be the &s;ame. But this is nothing to <HI>Grotius</HI> his purpo&s;e, for a Similitude proves nothing; nor is there any analogie between the things propounded by <HI>Grotius:</HI> For though things &s;imply nece&s;&s;ary be <NOTE PLACE="marg">If <HI>Lex lata</HI> had any obli|gation upon the Legi&s;lator, then were the Creator obli|ged and &s;ub|ject to the creature; than which there is nothing more bla&s;phemous.</NOTE> immutable by God, yet the Law of Nature is the Law of God; and there|fore being a creature of God's, it cannot have any obligation upon God; but being the Law of God given to Mankind, it is immutable by them; and God might, if it had plea&s;ed him, have given &s;omething el&s;e for the Law of Nature to Mankind. Both <HI>Grotius</HI> his Po&s;itions therefore in this Section are manife&s;tly fal&s;e, ab&s;urd, and bla&s;phemous, viz. <HI>That the Law of Nature is immutable by God him&s;elf;</HI> And, <HI>That</HI> U&s;us communis <HI>is</HI> Jure naturali, <HI>and yet mutable by the will of Man.</HI></P>
<P>And if I be demanded to &s;hew an example, that God is not obliged to the Law of Nature, or that the Law of Nature is not immutable by God:
<PB N="42" REF="53"> I &s;ay, <HI>Jus &s;uum cuique tribuere,</HI> is from the Law of Nature; yet did the Children of I&s;rael borrow Jewels of gold, of &s;ilver, and raiment of the <NOTE PLACE="marg">Ex. 12. 15, 16.</NOTE> Egyptians, and all &s;uch things as they required of them, and &s;poiled them by not making re&s;titution, without any violence upon the Law of Nature, becau&s;e God commanded them; nay, they had &s;inned and di&s;obeyed God, if they had not done it. And &s;o by the Law of Nature, every Father is obliged to pre&s;erve and nouri&s;h his children; yet becau&s;e when God com|manded <HI>Abraham</HI> to offer up and kill his &s;on <HI>I&s;aac, Abraham</HI> was obedient to God and would have done it, God takes it for the highe&s;t act of <HI>Abra|hams</HI> faith, and &s;wears by him&s;elf, <HI>That in ble&s;sing he would ble&s;s him, and in</HI> <NOTE PLACE="marg">Gen. 22. 17.</NOTE> <HI>multiplying he would multiply his &s;eed as the &s;tars of heaven, &amp;c.</HI> Yet can no man borrow, with a re&s;olution of not-re&s;titution; nor any Father put his Son without cau&s;e to death, where God does not command, though all the world &s;hould command it, without a violence upon the Law of Nature. Nay I &s;ay, the Laws of Nature being eternal, there was never any time when men ought not to give every man his due; and &s;o by con&s;equence, no time when <HI>Grotius</HI> his <HI>U&s;us communis</HI> was, &s;ince Men were born; but ever &s;ince Men were in the world, Dominion and Property have been. <HI>Cain</HI> had his <NOTE PLACE="marg">Gen. 4. 3, 4.</NOTE> Fruit of the Tillage of the ground, and <HI>Abel</HI> had his Flock and the Fir&s;t|lings of his Flock; neither of which could be, if <HI>Grotius</HI> his <HI>U&s;us communis</HI> had been.</P>
<P><LABEL>Object.</LABEL> But you may &s;ay, Property pre&s;uppo&s;es humane Laws, which mu&s;t give it; and humane Laws mu&s;t happen in &s;ucce&s;&s;ion of time: And that therefore before the&s;e humane Laws were, there could be no Property, and by con&s;equence, all things were common and undivided.</P>
<P><LABEL>Sol.</LABEL> For the &s;atisfying of this doubt, we mu&s;t con&s;ider that God, in the Creation, only created one Man, and out of him made Woman; and that ever &s;ince no Man was ever made, but the &s;pecies of Mankind hath been continued by generation. I grant that all things were common to <HI>Adam</HI> (except the forbidden fruit;) but no Man that was ever born into the world (and not a Po&s;thumous King) who was not born in &s;ubjection to humane Laws. Nor did ever <HI>Adam</HI> derive this Legi&s;lative right which he had over his Wife and Children, by any Pact, Contract, or Submi&s;&s;ion of his Wife and Children; but had it from God, becau&s;e he was fir&s;t made. <NOTE PLACE="marg">1 Tim. 2. 13.</NOTE> It is therefore manife&s;tly fal&s;e, which the&s;e men beg, <HI>That by Nature all Men are equal, and that the will of Man brought in Dominion.</HI> Nor do the&s;e men &s;hew out of any &s;acred or prophane Hi&s;tory, that ever Dominion was brought in by Man, or that Men had things common and undivided a|mong them.</P>
<P>Well, but <HI>Grotius</HI> (having in this Paragraph, in a tedious un&s;ignifi|cant <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>cap.</HI> 1. <HI>para.</HI> 10.</NOTE> thing, defined the Law of Nature &s;o, as it may &s;ignifie any thing, and made it the Law of God; and that thing, which hath quite routed this Law of God out of the world, and &s;et up another thing in &s;tead of it, to be the Law of Nature; and made the Law of Nature to be immutable by God him&s;elf, and yet to continue but for a certain &s;ea&s;on) thinks he hath not &s;o per&s;picuou&s;ly done this, <HI>but that a certain Image of mutation may deceive them who take not heed; whenas the Law of Nature, which is immutable, is not changed, but the thing of which the Law of Nature does work, receives &s;ome mu|tation. For example: If a Creditor to whom I am obliged, takes what Lowe him; now I am not bound to pay, not becau&s;e the Law of nature leaves to command</HI>
<PB N="43" REF="53"> <HI>to pay what I owe; but becau&s;e what I did owe, cea&s;es to be.</HI> And to prove this, he brings Greek in <HI>Epictetus.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> It is true, that univer&s;al cau&s;es in nature produce nothing, but as meeting with particular material cau&s;es; the law of nature therefore of it &s;elf produces nothing, but as meeting with particular material cau&s;es apted and di&s;po&s;ed for the law of nature to work upon; and therefore when the&s;e particular cau&s;es cea&s;e, the obligation which the law of nature creates, cea&s;es al&s;o. As, <HI>Thou &s;halt honor thy Father and Mother,</HI> is the law of nature; but then there mu&s;t be Parents &amp; Children, or the law of nature creates no obligation; and therefore when the particular cau&s;e cea&s;es, the obligation of the law of nature cea&s;es al&s;o; as when Parents are dead, the law of nature in that particular can have no obligation upon their Children. And &s;o in the in|&s;tance which <HI>Grotius</HI> gives, a Debtor is by the law of nature obliged to pay his Creditor: but this Debt being paid, the particular cau&s;e cea&s;ing, the obligation of the law of nature cea&s;es al&s;o. What need therefore was there of <HI>Arrianus</HI> his Greek out of <HI>Epictetus,</HI> to prove a prime and nece&s;&s;ary truth, which is of more authority then forty <HI>Arrianu&s;es,</HI> and all the Greek in <HI>Epictetus, Grotius,</HI> and all his Authors and Poets to boot?</P>
<P><HI>Grotius</HI> goes on: <HI>So if God commands any man to be killed, or to take away any thing that is anothers; It is not lawful that Murder or Theft be done, which terms involve vice; but it is not Murder or Theft which is done by God, the Author of life and all things.</HI></P>
<P>They &s;ay, <HI>Nulla &s;imilitudo quatuor pedibus currit.</HI> I am &s;ure this &s;imili|tude <NOTE PLACE="marg"><HI>Ob&s;erv.</HI> 2.</NOTE> runs not upon one foot, for in this la&s;t the particular cau&s;e remains, whereas in the former it is taken away; and if the law of nature be immuta|ble by God, and <HI>Thou &s;halt not kill or steal,</HI> be from the law of nature, then it is Murder and Theft, although commanded by God. Thus hath <HI>Grotius</HI> in&s;tead of clearly propounding his principles and orderly rea&s;oning from them, thatched a company of equivocal and contradictory principles, with Poets and Authors brought in by head and heels; &s;o as not any one pro|po&s;ition is clearly &s;tated and di&s;puted, but the whole Treati&s;e a mo&s;t per|plexed and un&s;ignificant thing.</P>
<P><HI>God conferred upon Mankind generally,</HI> Jus <HI>(Right) immediately after</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 2. <HI>Para.</HI> 2.</NOTE> <HI>the Creation; and again when the world was repaired after the flood, over all the things of this inferior nature. There were, as</HI> Ju&s;tin <HI>&s;aies, all things common</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 43. <HI>Lib.</HI> 1. <HI>Para.</HI> 16. <HI>de jure Belli, &amp;c.</HI></NOTE> <HI>and undivided to all Men, even as one Patrimony &s;hould be to all Men. God was plea&s;ed peculiarly to give rights</HI> (dare jura) <HI>to one only people, viz. the</HI> Hebrews.</P>
<P><LABEL>Ob&s;erv.</LABEL> Which is ab&s;urd and impo&s;&s;ible by the ninth Notion of the fir&s;t Book of <HI>Euclid, viz.</HI> a part equal to the whole; the <HI>Hebrews</HI> not being all man|kind, but a part.</P>
<P><HI>Grotius</HI> goes on, <HI>Hence it came to pa&s;s that every man gathered what&s;oever</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 2. <HI>Para.</HI> 2.</NOTE> <HI>he could &s;natch to their own u&s;es, and con&s;ume what could be con&s;umed; and what|&s;oever any man had &s;o &s;natched, that could no man take from him, but by injury: but this State could not long continue.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> How's this? This is more mon&s;trous and ab&s;urd then the other: what, God gave a Right to Mankind, and that &s;o immutable, that it is unalterable by God him&s;elf, and yet not po&s;&s;ible long to continue!</P>
<P>To prove this fir&s;t Common Right of all things common and undi|vided to Mankind, he refers to <HI>Gen.</HI> 1. 29. 30. <HI>And God &s;aid, I have given</HI>
<PB N="44" REF="54"> <GAP DESC="foreign"> (the Septuagint has it <HI>to you</HI> in the plural number, when <HI>Adam</HI> only was created) <HI>every herb bearing &s;eed, which is upon the face of the earth, and every tree in the which is the fruit of a tree yeelding &s;eed, to you it &s;hall be for meat, &amp;c.</HI> Now how could God &s;peak to <HI>Adam</HI> in the plural number, when <HI>Adam</HI> only was created? It is &s;aid <HI>ver&s;e</HI> 27. <HI>So God created</HI> Adam <HI>in his own Image, in the Image of God made he Man, Male and Female created he them:</HI> And therefore God &s;peaks here to <HI>Adam</HI> and <HI>Eve.</HI> Now whether God gave this Right to <HI>Adam</HI> and <HI>Eve</HI> in Community to both alike, as <HI>Grotius</HI> would have it, or to <HI>Eve</HI> in &s;ubordination to <HI>Adam,</HI> I refer it to any Chri&s;tian Man to judge. <HI>Let the Woman learn in &s;ilence with all &s;ubjection, &amp;c.</HI> and the <NOTE PLACE="marg">1 Tim. 2. 11.</NOTE> rea&s;on the Apo&s;tle giveth is, <HI>Man was first made, then Eve.</HI> But &s;uppo&s;e that God gave this Right not only to <HI>Adam</HI> and <HI>Eve,</HI> but to all Mankind in <HI>Adam</HI> <NOTE PLACE="marg"><HI>ver&s;e</HI> 13.</NOTE> and <HI>Eve;</HI> yet by the authority of the Holy Gho&s;t had <HI>Adam</HI> dominion over all Mankind, becau&s;e <HI>Adam</HI> was fir&s;t made, and therefore God at the Creation of Man made Government with Mankind.</P>
<P>Let us &s;ee whether <HI>Grotius</HI> has any better luck with his common and undivided Right of all things, &amp;c. immediately from the time of the world repaired after the flood; which to prove, he refers to <HI>Gen.</HI> 9. 2. 3. <HI>And the feare</HI> (<GAP DESC="foreign">) <HI>of you, and the dread of you &s;hall be upon every bea&s;t, &amp;c. every moving thing that liveth &s;hall be meat for you, even as the green herb have I given you all things.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Now then; if this were not given to <HI>Noah</HI> his Wife, and <HI>Noahs</HI> Chil|dren in &s;ubordination to <HI>Noah,</HI> but as <HI>Grotius</HI> would have it, in community, to all alike; then had <HI>Sem</HI> as much Right to all things as <HI>Noah, Ham</HI> as <HI>Sem, Japheth</HI> as <HI>Ham, Sems</HI> wife was an intercommoner with <HI>Noah, Ham</HI> with <HI>Japheths</HI> wife, and <HI>Noahs</HI> wife with them all, (if this be true, Mr. <HI>Hobbs</HI> makes <HI>Noahs</HI> Sons in an ill ca&s;e, where he &s;aies, <HI>filium in &s;tatu naturali intelligi non</HI> <NOTE PLACE="marg"><HI>Annot. art.</HI> 10. <HI>cap.</HI> 1.</NOTE> <HI>po&s;&s;e,</HI> no Son can be under&s;tood in the &s;tate of nature, and <HI>Sem, Ham,</HI> and <HI>Japheth</HI> are Ba&s;tards, and not <HI>Noahs</HI> Sons.) Well, if <HI>Noah</HI> and his Wife, his Son and their Wives had all things in common, that is, every one of them get what they could &s;natch to their own u&s;es, and con&s;ume what might be con&s;umed; from whence did <HI>Noah</HI> &s;natch his Vineyard, and drank the wine thereof untill he was drunken? If you beleeve <HI>Grotius,</HI> it was <HI>Sems</HI> Vineyard <NOTE PLACE="marg"><HI>Ver&s;e</HI> 20.</NOTE> as much as <HI>Noahs; Japheths</HI> Wives as much as <HI>Sems,</HI> and <HI>Hams</HI> Wife had as much right to it as any body el&s;e. Poor <HI>Noah,</HI> thou ha&s;t taken great pains here to little purpo&s;e, if <HI>Hugo</HI> be thy Judge.</P>
<P>Well, Mr. <HI>Hobbs,</HI> rather then he will run upon <HI>Scylla,</HI> &s;hall &s;plit him&s;elf again&s;t <HI>Charybdis?</HI> and he makes <HI>jus</HI> to be the &s;ame thing with <HI>libertas, and</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 1. <HI>art.</HI> 7.</NOTE> <HI>the foundation of</HI> juris naturalis <HI>to be, that every Man as much as he can, may defend his life and members.</HI> And, <HI>Natura dedit unicuique jus in omnia. Gro|tius</HI> <NOTE PLACE="marg"><HI>Art.</HI> 10. <HI>Lib.</HI> 2. <HI>cap.</HI> 2. <HI>Para.</HI> 2.</NOTE> &s;aies, <HI>Erant omnia communia &amp; indivi&s;a omnibus, veluti unum cunctis patrimonium.</HI> Which is all one and the &s;ame thing, differently expre&s;&s;ed.</P>
<P>Thus far the&s;e Wits jump; we &s;hall &s;ee them far enough a&s;under by and by. But Mr. <HI>Hobbs</HI> no where tells us, when this <HI>Jus Naturale</HI> was in the world; (&s;ure it was when Apes could &s;peak, and Owls &s;ing.) They both agree too, that this was a time when there was no Government, or &s;ub|ordination of Men (nor Women, for ought I can find) under one another; before Men had made Government, by giving up their will to any Man, or Court. Mr. <HI>Hobbs</HI> calls this time, <HI>Status mer&egrave; naturalis: Grotius, Status</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 1. <HI>art.</HI> 10. <HI>Lib.</HI> 2. <HI>cap.</HI> 2. <HI>Part.</HI> 2.</NOTE> <HI>qui durare non potuit.</HI> A little before he &s;ays, <HI>Quod qui&s;que arripuerat, id ei</HI>
<PB N="45" REF="54"> <HI>eripere alter ni&s;i per injuriam non poterat.</HI> Mr. <HI>Hobbs</HI> &s;ays, <HI>It was not at all</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 1. <HI>art</HI> 10.</NOTE> <HI>profitable to Men, that they had &s;uch a common Right in all things; for the effect of that Right is almo&s;t the &s;ame, as if there had been no Right at all: For al|though a Man might &s;ay of every thing, This is mine; yet he could not enjoy it becau&s;e of his Neighbour, who with equal right, and force</HI> (here the Wits begin to di&s;agree) <HI>might pretend the &s;ame thing to be his.</HI> Nay, Mr. <HI>Hobbs</HI> goes further, and is &s;o far from &s;uppo&s;ing it an injury to take any thing from any Man, in the &s;tate of pure Nature, that he makes this &s;tate <HI>ho&s;tile, and</HI> <NOTE PLACE="marg"><HI>Art.</HI> 2. <HI>Art.</HI> 3. <HI>Cap.</HI> 3. <HI>art.</HI> 4.</NOTE> <HI>that Men may kill one another, and yet do them no injury.</HI> And the rea&s;on he gives for it, is, <HI>That injury is done only to him, with whom we have made a Contract; otherwi&s;e it is only damage any Man can do to another.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Here we &s;ee the&s;e Wits plainly to differ; next bout we &s;hall &s;ee them removed as far as <HI>Gades</HI> is from <HI>Ganges.</HI></P>
<P><HI>Grotius</HI> defines <NOTE N="a" PLACE="marg"><HI>Li.</HI> 1. <HI>cap.</HI> 1. <HI>para.</HI> 10.</NOTE> <HI>Jus naturale,</HI> to be <HI>Dictatum rectae rationis, &amp; &agrave; Deo ip&s;o immutabile.</HI> Mr. <HI>Hobbs</HI> <NOTE N="b" PLACE="marg"><HI>Cap.</HI> 2. <HI>art.</HI> 1.</NOTE> defines <HI>Legem naturalem, non e&s;&s;e con&s;en&s;um hominum, &s;ed dictamen rectae rationis.</HI> And, <NOTE N="c" PLACE="marg"><HI>Cap.</HI> 3. <HI>art.</HI> 3.</NOTE> <HI>Leges naturae &s;unt immutabiles; The Laws of Nature are immutable, and</HI> <NOTE N="d" PLACE="marg"><HI>Art.</HI> 31.</NOTE> <HI>the &s;ame with the Moral Law.</HI> (Here Men begin to &s;peak, and the Apes to hold their peace.) But Mr. <HI>Hobbs</HI> <NOTE N="e" PLACE="marg"><HI>Cap.</HI> 14. <HI>art.</HI> 3.</NOTE> makes <HI>Jus</HI> not only different, but al&s;o contrary to <HI>Lex:</HI> And therefore Mr. <HI>Hobbs</HI> his <HI>Lex naturae,</HI> is contrary to <HI>Grotius</HI> his <HI>Jus naturae;</HI> and both immutable. And now would I fain &s;ee &s;ome wi&s;er man then either of the&s;e, reconcile the&s;e two Wits.</P>
<P>It is a mi&s;erable condition <HI>Grotius</HI> makes all Governors to be in, that they cannot make any Law which gives Property to any of the governed, (nor indeed, for ought I can &s;ee, can there be any Government by this mans grounds, for he confounds the relations) but that this Law mu&s;t be again&s;t that Right, which God conferred upon Mankind generally after the Cre|ation and Flood, and is &s;o unalterable, that it cannot be changed, no not by God him&s;elf.</P>
<P>Let us &s;ee whether our <HI>Author</HI> can reconcile the&s;e two; (but for my part I much fear him, becau&s;e I do not take him to be &s;o great a Ma&s;ter of Rea&s;on, nor &s;o Book-learned as either of the other two.) He in <HI>Ground</HI> 6. makes <HI>Jus</HI> or <HI>Ju&s;tum,</HI> Right or Due, <HI>to be when a man puts him&s;elf and his Promi&s;&s;ary into a rank of agencie and patiencie, upon a new &s;core.</HI> And &s;uppo&s;eth in the next <HI>Ground,</HI> a Company of Men without Government, whom (for&s;ooth) he calls <HI>a Rational Multitude;</HI> but mo&s;t ab&s;urdly (not con&s;idering where there is no Government, there can be no Law; and where there is no Law, there can be no Property, no <HI>meum</HI> or <HI>tuum)</HI> he makes <HI>the Indi|viduals of this Rational Multitude to abound with many goods, and to want others; the love of which, and the fear of lo&s;ing them,</HI> are his chief rea&s;ons why Go|vernment is nece&s;&s;ary.</P>
<P><LABEL>Ob&s;erv.</LABEL> But it may be, the rea&s;on why the&s;e men agree no better here, is, becau&s;e they are in the dark, where there is no Government. Well, we will &s;ee how they agree when they have the light of Government: And fir&s;t, <HI>Whether may the Subject re&s;i&s;t Authority, or Government?</HI> We will begin with our <HI>Author,</HI> becau&s;e we left before with him. Our <HI>Author</HI> tells us, <NOTE PLACE="marg"><HI>Ground</HI> 14.</NOTE> <HI>In what ca&s;es it is rational not only to re&s;i&s;t, but al&s;o to depo&s;e Government.</HI> What tho&s;e ca&s;es are, I cannot tell; He that has nothing to do, may look and &s;ee. But his la&s;t <HI>Grounds</HI> are; <HI>Neither Lawyers, nor Divines, are Judges in tho&s;e ca&s;es.</HI> So then it &s;eems, only the Devil, our <HI>Author,</HI> and they who be le&s;s book-learned then him&s;elf, are.</P>
<PB N="46" REF="55">
<P> He tells us, <HI>wherein the Liberty of the Subject con&s;i&s;ts.</HI> He ties up his <NOTE PLACE="marg"><HI>Ground</HI> 15. <HI>Ground</HI> 8. <HI>Ground</HI> 11, 12.</NOTE> Supreme Tru&s;tee to <HI>&s;uch Laws as the People entrust him withall;</HI> and yet gives him leave <HI>to do what&s;oever he thinks good.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> The Governor and Governed are here in a very &s;weet and &s;ecure har|mony; but no doubt our <HI>Author</HI> will judge both the one and the other very righteou&s;ly and uprightly.</P>
<P><HI>Grotius, de bello &s;ubditorum in &s;uperiores,</HI> &s;tates the que&s;tion: In the five <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>cap.</HI> 4. <HI>para.</HI> 1.</NOTE> next Paragraphs &s;eems to be in the Negative; but in the &s;eventh Paragraph he makes it a weighty que&s;tion, <HI>Where there is Supreme Nece&s;sity?</HI> For, <HI>Certain laws of God,</HI> &s;ays he, <HI>although they be generally pronounced, have a tacite exception of highe&s;t nece&s;sity: Which thing was defined concerning the law of the Sabbath, by the Wi&s;e men, in the times of the Ha&s;amonaeans; from whence came that proverb,</HI> Periculum animae impellit Sabbatum: <HI>which may be under&s;tood, The danger of the &s;oul nece&s;sitateth a Sabbath; or, the danger of the &s;oul de&s;troys the Sabbath.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> <HI>Grotius</HI> here is for the de&s;truction, or he is like to have &s;mall relief from this proverb.</P>
<P>And <HI>Judas,</HI> as <HI>Syne&s;ius</HI> &s;ays, <HI>gives this rea&s;on of his neglect of the Sabbath:</HI> <NOTE PLACE="marg">Grotius.</NOTE> <GAP DESC="foreign">, <HI>We were brought into most certain danger of our lives. Which exception is proved by Chri&s;t him&s;elf; as al&s;o in the other law, of not eating the Shewbread.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> And yet all this, in this ca&s;e, will afford <HI>Grotius</HI> but &s;mall relief. For, &s;ins are twofold, either as they are omitted, or committed. Gods com|mands are omitted, or tran&s;gre&s;&s;ed, either as they refer to God individually; or where they are omitted, or tran&s;gre&s;&s;ed, to the wrong or injury of an|other. As here in the ob&s;ervation of the Sabbath; the omitting of which duty, was a &s;in only again&s;t God, for no man had any wrong done to him thereby: But, <HI>Thou &s;halt not commit adultery, Thou &s;halt not kill, &amp;c.</HI> which if a man does, he not only &s;ins again&s;t God, but does wrong to another. Admit, in ca&s;e of nece&s;&s;ity, God (who hath made all things for man, and man only for him&s;elf) hath di&s;penced with many &s;ins which related only to him, for mans pre&s;ervation; (yet by <HI>Grotius</HI> his good leave, we mu&s;t not go too far; for I do not &s;ee then, how the primitive Chri&s;tians &s;hould have &s;uffered martyrdom, and not have &s;ymbolized, or re&s;i&s;ted the Gentiles:) yet it does not therefore follow, that any man may pretend any nece&s;&s;ity, (nor can any one &s;hew that ever God did di&s;pen&s;e withall) to tran&s;gre&s;s Gods command, and to do that wrong and injury to others, which is im|po&s;&s;ible for him to repair; as in Subjects making war again&s;t their Superi|ors; for what recompence can be given for the blood and de&s;truction which they bring upon them who obey their Superior? And I hope neither <HI>Gro|tius,</HI> nor any man el&s;e, will deny it is lawful to obey Superiors.</P>
<P>Yet from the authority of S. <HI>Peter,</HI> 1 <HI>ep.</HI> 2. 21. <HI>&amp; qui animam ita perdit,</HI> <NOTE PLACE="marg"><HI>Grotius.</HI> S. Matt. 10. 19. S. Luc. 13. 33.</NOTE> <HI>is vere eam acquivi&s;&s;e &agrave; Chri&s;to pronunciatur,</HI> and the example of the primi|tive Chri&s;tians, he &s;eems to be in the negative.</P>
<P><LABEL>Ob&s;erv.</LABEL> But why in rea&s;on &s;hould he make Gods command to be in &s;ubornation to a humane con&s;titution, and that not founded upon any command of his neither? I cannot tell. Well, &s;ee what he &s;ays for it: Here he has his <HI>Notan|dum</HI> <NOTE PLACE="marg">Grotius.</NOTE> <HI>prim&ograve; homines non Dei praecepto, &s;ed &s;ponte adductos experimento infirmi|tatis familiarum &s;egregum adver&s;us violentiam, in &s;ocietatem civilem coii&s;&s;e unde ortum habet pote&s;tas civilis, quam ideo humanam ordinationem Petrus</HI> <NOTE PLACE="marg">1 Pet. 2. 13.</NOTE>
<PB N="47" REF="55"> <HI>vocat, quamque alibi &amp; divina ordinatio, quia hominum &s;alubre in&s;titutum</HI> <NOTE PLACE="marg">1 Pet. 2. 13.</NOTE> <HI>Deus probavit.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> If there was never, nor can be a Family, where men be in a parity of condition; and that, as <HI>Grotius</HI> here &s;ays, Civil power was made from Fa|milies; then were not men in a parity and like condition, before they brought in the Dominion which is now in u&s;e: And therefore all his whole Treati&s;e founded hereon, not only fal&s;e, but repugnant and contrary to him|&s;elf. And how is his <HI>Notandum</HI> that <HI>Legal power is not made by Gods precept, but from the People,</HI> proved by S. <HI>Peter?</HI> It is true, S. <HI>Peter</HI> calls it <HI>an ordi|nance of Man;</HI> but if this be not Gods ordinance of Man, it is incon&s;i&s;tible with <HI>Rom.</HI> 13. 1. and with what he him&s;elf &s;ays immediately after, viz. <HI>for the Lords &s;ake.</HI> It is therefore the Lords ordinance of Man, and &s;o quite contrary to <HI>Grotius</HI> his <HI>Notandum.</HI> Where to look for the Divine ordinance, becau&s;e God has called it a whol&s;om In&s;titution of Man, I cannot tell, nor care much.</P>
<P>Then <HI>Grotius,</HI> in &s;even Ca&s;es together, gives leave to make war: But <HI>ex hypothe&s;i,</HI> how it can be of Subjects making war again&s;t their Superiors, I do not under&s;tand; unle&s;s it be in the <HI>fourth,</HI> where he &s;ays, <HI>A King lo&s;es his Kingdom, if he be carried with a ho&s;tile mind to the de&s;truction of all the People.</HI> For in none of the other there can be any &s;ubjection. But how any man &s;hould be &s;o mad, as being a King, he &s;hould make him&s;elf wor&s;e then any private man, by de&s;troying his Subjects, I do not under&s;tand; and there|fore <HI>Grotius</HI> might very well have left his 4. or 11. <HI>Parag.</HI> alone. The re&s;t of this Chapter is, <HI>Wherein an Invader may be re&s;i&s;ted.</HI> He &s;peaks nothing again&s;t U&s;urpation, for fear he calls his Countrimen in que&s;tion. So <HI>Grotius</HI> &s;eems to leave it indifferent, whether there be a nece&s;&s;ity of Subjects obe|dience. God expre&s;ly, and the practice of the Primitive times were for it: <HI>Certain Laws of God, although generally pronounced, have a tacite exception of highe&s;t nece&s;sity,</HI> &s;eems to be again&s;t it.</P>
<P>But Mr. <HI>Hobbs</HI> outruns the Con&s;table, and <NOTE N="a" PLACE="marg"><HI>Cap.</HI> 6. <HI>art.</HI> 12.</NOTE> <HI>makes the King or</HI> Civitas <HI>not only impunible for what&s;oever he &s;hall do; and</HI> <NOTE N="b" PLACE="marg"><HI>Art.</HI> 20.</NOTE> <HI>indi&s;&s;olvable by that power that made him;</HI> <NOTE N="c" PLACE="marg"><HI>Art.</HI> 14.</NOTE> <HI>And that the King or Supreme power is not bound by its own Laws; And</HI> <NOTE N="d" PLACE="marg"><HI>Art.</HI> 15.</NOTE> <HI>that no man has any thing proper again&s;t it: But al&s;o</HI> <NOTE N="e" PLACE="marg"><HI>Art.</HI> 11.</NOTE> <HI>this</HI> Civitas, <HI>or Supreme power, has power to examine what doctrine &s;hall be taught, again&s;t which none ought to &s;ay any thing contrary: For,</HI> &s;ays he, <HI>if any one may command one thing upon pain of natural death, another forbid it upon the penalty of eternal death, and both by right; it will fellow, not only Citizens, although innocent, may be justly puni&s;hed, but the City di&s;&s;olved; for, No man can &s;erve two Ma&s;ters.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> True, not actively, where they command contradictories. Yet &s;o it plea&s;es God, that not all who love and &s;erve him, &s;hould go to heaven upon beds of ro&s;es: Nor is any man a lo&s;er, if God for his temporal affliction, <NOTE PLACE="marg">1 Pet. 2. 21. S. Matt. 10. 39. S. Lu. 13. 33.</NOTE> crowns him with eternal happine&s;s. And therefore where it plea&s;es God to give (and not the People make) wicked and idolatrous Princes, for the &s;ins of a Nation; there mu&s;t good men expect per&s;ecution and affliction. And if Mr. <HI>Hobbs</HI> &s;ays true, then mu&s;t no man &s;peak again&s;t the <HI>golden Image</HI> <NOTE PLACE="marg">Dan. 3.</NOTE> <HI>Nebuchadnezzar had &s;et up;</HI> nay, every man ought to fall down and wor&s;hip it; for he &s;ays, <HI>Obedience is not rightly di&s;tingui&s;hed, if it be di&s;tingui&s;hed into</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 4. <HI>art.</HI> 23. <HI>Annot. art</HI> 7. <HI>cap.</HI> 16.</NOTE> <HI>active and pa&s;sive.</HI> But Mr. <HI>Hobbs</HI> has a help for this; for he &s;ays, <HI>The City may command &s;uch a Wor&s;hip of God, as is irrational; But if it be done at the</HI>
<PB N="48" REF="56"> <HI>command of the</HI> Civitas <HI>to which the written Word of God is not known or re|ceived,</HI> <NOTE PLACE="marg"><HI>Cap</HI> 15. <HI>art.</HI> 1. 8</NOTE> <HI>he has &s;hewed &s;uch a Wor&s;hip of God to be rational.</HI> But, &s;ays he, <HI>Men mu&s;t have a care that they do not wor&s;hip God &s;o, where he reigns by Covenant, as by the Covenant of</HI> Abraham; <HI>for there it is ill done, whether it be done by the command of the</HI> Civitas, <HI>or not.</HI></P>
<P>But whether as among the <HI>Jews</HI> heretofore, or with the Chri&s;tians now, (for I hope he will not deny God to reign as much over Chri&s;tians by Covenant, as ever he did over the <HI>Jews)</HI> how can any Man obey both, where contraries are commanded, if there be no pa&s;&s;ive obedience? Yet he makes it an ea&s;ie thing to obey both God and Men actively, in the la&s;t <HI>chap.</HI> by di&s;tingui&s;hing between things nece&s;&s;ary, and not nece&s;&s;ary to Salvation; as if humane power did never, nor will forbid things nece&s;&s;ary to Salvation; but then Men may &s;ave them&s;elves by &s;aying one thing, and meaning another, and making them&s;elves Hypocrites, to whom alwaies our Saviour pronounceth woes.</P>
<P>We find but &s;mall con&s;ort yet between the&s;e three. Our Author <HI>makes it Rational for Subjects to re&s;ist and depo&s;e. Grotius</HI> &s;eems not to think &s;o, both by the precepts of God, and the practice of the Primitive Chri&s;tians, unle&s;s a King goes about to de&s;troy all his Subjects. Yet too he &s;aies, <HI>Gods precepts, many of them, though generally pronounced, have a tacite exception in ca&s;e of highe&s;t nece&s;sity,</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> But how &s;hall I know whether in this? and therefore it is much better to obey, then venture to break Gods po&s;itive command. But Mr. <HI>Hobbs</HI> makes <HI>a &s;ubjection of Body and Souls ab&s;olutely, where God reigns not by Covenant; and there too by di&s;tingui&s;hing between things nece&s;&s;ary, and not nece&s;&s;ary to Salva|tion.</HI></P>
<P>Since there is &s;o much conte&s;t about the power of the People, let us &s;ee what the&s;e three under&s;tand by the People. Mr. <HI>Hobbs</HI> under&s;tands by <NOTE PLACE="marg"><HI>Annot. art.</HI> 1. <HI>cap.</HI> 6.</NOTE> the People the <HI>Civitas</HI> which commands, wills, and does by the Will of one Man, or by the agreeing Wills of more Men, which otherwi&s;e cannot be done in an A&s;&s;embly. <HI>Grotius</HI> no where that I know of, defines what he means by People: But our Author in the &s;eventh <HI>Ground,</HI> when there is no Government, makes them a Rational Multitude; and when they have made them&s;elves a Government, then (for&s;ooth) to be a People.</P>
<P><HI>Salus populi &s;uprema lex,</HI> is when the &s;afety of the people or Subject is in danger; then the &s;upream Governor is not to take notice of any Mans parti|cular intere&s;t what&s;oever, he has &s;worn to the contrary; as when an Inva&s;ion, &amp;c. is made, though the King at his Coronation has &s;worn not to oppre&s;s nor take without their con&s;ents, from any of his Subjects, any thing, which any of his Subjects hold of him, or any of his Predece&s;&s;ors; yet rather then an Enemy &s;hall be relieved by any of his particular Subjects, to the endange|ring of the re&s;t, he then may de&s;troy it, for the &s;afety of the people is the highe&s;t Law: and the end of all Government is, the pre&s;ervation of the Subjects in general; and in &s;uch ca&s;es the le&s;&s;er evil is to be cho&s;en; and no Laws but will &s;uffer a mi&s;chief, rather then undergoe an inconvenience: And therefore could not the Dictator be que&s;tioned for any thing done during his Dictator&s;hip, becau&s;e of the danger of the people; and &s;o the <HI>Romans</HI> alwaies under&s;tood this Maxim of <HI>Salus Populi &s;uprema lex.</HI></P>
<P>Let us &s;ee whether the&s;e Men leave Po&s;terity in any better condition, then they make the pre&s;ent Age, and &s;ee how they agree about &s;ucce&s;&s;ion,
<PB N="49" REF="56"> and whether a Kingdom may be aliened by the pre&s;ent King, or he name his &s;ucce&s;&s;or. Here we mu&s;t look upon <HI>Grotius</HI> either naturally, or rela|tively, and yet too, as neither: As he is naturally a <HI>Hogan Mogan,</HI> he makes the King an U&s;ufructuary only, and then he &s;aies <HI>he can alter nothing</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 6. <HI>Para.</HI> 11.</NOTE> <HI>at all, neither in part nor in the whole:</HI> And &s;ometime like a Mercenary &s;tipendary to <HI>Lewis</HI> the 13. again&s;t all his precedent grounds of the power of the People, and of Kings having originally all their Power from the contracts and agreement of the People, which <HI>yet does not cea&s;e their power,</HI> he makes neither King nor People judge of &s;ucce&s;&s;ion, for he &s;aies, <HI>the People have</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 7. <HI>Para.</HI> 27.</NOTE> <HI>transferred all juri&s;diction from them&s;elves upon the King and his family, neither during that, have the People any relicts of it;</HI> and yet he makes it a very hard que&s;tion, whether the People may alter &s;ucce&s;&s;ion as to them who are not yet born, and determineth it affirmatively in the&s;e words, <HI>Quare &s;i</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 4. <HI>Para.</HI> 10.</NOTE> <HI>populus, &agrave; cujus voluntate jus regnandi profici&s;citur, voluntatem mutet, iis qui nondum nati &s;unt, ut quibus jus quae&s;itum nondum e&s;t, nullam facit injuriam;</HI> and the rea&s;on he gives (for&s;ooth) is a very &s;orry one, and a &s;imilitude, <HI>Ejus qui nondum natus e&s;t nullum e&s;&s;e jus, &s;icut nec ulla &s;unt accedentia rei non exi&s;tentis.</HI> Nay he does not &s;tay here, but goes on and &s;aies, <HI>&s;icut autem populus expre&s;&s;e mutare voluntatem pote&s;t, ita &amp; tacite credi muta&s;&s;e.</HI> But who &s;hall be Judge of this implicite Faith, he &s;aies not one word. Becau&s;e of the damnable con|&s;equents, which mu&s;t needs follow from this determination, we will ex|amine all the parts of it.</P>
<P>He almo&s;t every where makes a great &s;tir with <HI>populus, &amp; populus vult, &amp; populus mutare pote&s;t voluntatem expre&s;se, &amp; tacite;</HI> but never (that I can any where find) defines, what the People is. If he had &s;aid the People of <HI>Rome,</HI> or the People of <HI>Athens,</HI> or the People of <HI>Syracu&s;e,</HI> he had &s;aid &s;ome|thing, though nothing to his purpo&s;e. For when a Man &s;peaks of the People of <HI>Rome,</HI> or <HI>Athens,</HI> &amp;c. he &s;peaks not formally of Men, as born in the <HI>Roman</HI> or <HI>Athenian</HI> territories; but as men who were <HI>civitate donati,</HI> which it may be were not the tenth part of the <HI>Romans,</HI> or <HI>Athenians;</HI> nor were ever the <HI>Roman, Athenian,</HI> or <HI>Syracu&s;an</HI> People, free People <HI>jure naturali</HI> (as he &s;aies) but by Civil &s;anction, having made them&s;elves &s;o, unju&s;tly u&s;urping do|minion over the re&s;t in their Tyranny and Dominions. It cannot be then that <HI>Grotius</HI> means by People, &s;uch People as were the <HI>Romans</HI> or <HI>Athenians:</HI> If by People he means any thing in the world, for above this 1700 years, there have not been any &s;uch upon the face of the earth (if the Inhabitants of <HI>Switzerland</HI> be not &s;uch, who taking advantage from the remi&s;s Go|vernment of <HI>Wence&s;laus,</HI> having beaten the Archduke <HI>Leopoldus</HI> about the year 1400, made them&s;elves a Democracy, and have almo&s;t ever &s;ince con|tinued Mercenary Man-killers to the intere&s;ts of the Pope, the Kings of <HI>France</HI> and <HI>Spain.) Grotius</HI> then not meaning &s;uch People, as were the <HI>Romans,</HI> &amp;c. I cannot imagine what he &s;hould mean by People, unle&s;s he means Men, Women, and Children of all ages and conditions, all of them in a parity or equal condition, ab&s;tracted from all Laws of God, or Man; and what a Harmony of Confe&s;&s;ions would ari&s;e from &s;uch a rour, any &s;ober wi&s;e Man may judge? Thus much for his <HI>populus.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Well, but be the People what it will, a bea&s;t, or no bea&s;t, a thing, or nothing; it is from its will, all right of reigning proceeds, a <HI>cujus vo|luntate jus regnandi profici&s;citur.</HI> What, all Right of Governing, or Regal Power proceed from the People? faith, let <HI>Grotius,</HI> or any of his followers &s;hew ever &s;ince the beginning of the world any King made by the People,
<PB N="50" REF="57"> and I will grant him all the re&s;t, be it what it will: But &s;ee whether <HI>Grotius</HI> hath not a forked tongue, or not? here, and in twenty places more with <HI>Notandums,</HI> &amp;c. he makes all Regal Power to be from the wills of the People. In his Epi&s;tle to <HI>Lewis</HI> the 13. he &s;aies, <HI>How beautiful, how glorious, how joyful to your Con&s;cience will it be, that when God &s;hall have called thee to his Kingdom, which alone is better then thine, thou mai&s;t confidently &s;ay: I have received this &s;word from thee for defence of Ju&s;tice; this &s;word I return to thee, pure and undefiled, ra&s;hly guilty of no blood&s;hed.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> So that if he &s;aies true, that <HI>Lewis</HI> the 13. had his &s;word of Ju&s;tice from God, then does he &s;ay fal&s;e here, and in twenty places more, that all Power of Governing is from the wills of the people.</P>
<P>Well, but let us &s;uppo&s;e a King made by the People; which is the party governing, and which is the party governed? all Government being in the predicament of Relation, where there is any one to govern or command, there mu&s;t be another to be governed and commanded. Well then, here are two, the People, and the King made by the People, the one to govern, the other to be governed. Say now which is the party governing, the King or the People? it cannot be that the King &s;hould be the govern|ing party, for he is but a Creature, and a thing made by the People, and the Creator cannot be ruled and governed by the Creature; the People then mu&s;t be the party governing, and the King mu&s;t be the party gover|ned; the King therefore of <HI>France</HI> (whom he &s;o much flatters) and all other Kings what&s;oever, from this determination of <HI>Grotius,</HI> are the governed party, and the People their Subjects are the governing party. If therefore it be impo&s;&s;ible to &s;erve two Ma&s;ters, who by equal right command, I would fain know how it is po&s;&s;ible for a King to obey above Ten hundred thou&s;and, every one of his Subjects having as much right to command him as another? and it is very like indeed to be a very well ordered Go|vernment, and much conducing to the benefit and &s;afety of the People, where there is many Hundred thou&s;ands commanding, and one individual per&s;on obeying.</P>
<P>But good Man, he is very careful, that though the People give Kings all their Regal Power, that they part not with too much; nay though they make Kings, yet if you beleeve him, they part with nothing at all, for otherwhere he &s;aies, <HI>Imperium quod per Reges exercetur, non de&s;init impe|perium</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 16. <HI>Para.</HI> 16.</NOTE> <HI>populi.</HI> Is not here a pretty play of a King, and no King? a King without Power, and a People with all Power? So that at the &s;ame time, that he flatters <HI>Lewis</HI> the 13. by telling him, neither King nor People are Judges of his &s;ucce&s;&s;ion, he had before given the People of <HI>France</HI> a power of altering the right of &s;ucce&s;&s;ion, without doing any wrong to his Son <HI>Lewis</HI> the 14, who now rules; for he was <HI>res non exi&s;tens</HI> when he wrote this book <HI>De jure belli &amp; pacis.</HI></P>
<P>Sometime neither as <HI>Hogan Mogan,</HI> nor &s;tipendary to <HI>Lewis</HI> the 13, <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 7. <HI>Para.</HI> 25.</NOTE> directly, where he &s;aies, <HI>In alienable Kingdoms the King may di&s;inherit his heir.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Who gave him his Fee to &s;ay this? We cannot think it was <HI>Lewis,</HI> he denies all his Grounds to plea&s;ure him; yet <HI>latet anguis in herba;</HI> it may be, becau&s;e <HI>Henry</HI> the Fir&s;t was younger Son to <HI>Robert,</HI> and <HI>Robert</HI> di&s;po&s;e&s;&s;ed his elde&s;t Son who bare his name, and made his younger Son King, from whom <HI>Lewis</HI> derives him&s;elf. But how then can this &s;tand with the 27 <HI>Para. that neither King nor People are Judges in &s;ucce&s;sion?</HI> or if <HI>Power which is exerci&s;ed by a King, does not cea&s;e the Power of the People,</HI> then can|not <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 16 <HI>Para.</HI> 16.</NOTE>
<PB N="51" REF="57"> Kings give away their Kingdoms, nor di&s;inherit their Heirs, for <HI>delegata pote&s;tas non pote&s;t participari.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Well, let us &s;ee his rea&s;on for this: He &s;ays, <HI>Such a Kingdom is like other alienable goods.</HI> Here the right of the alienation of a Kingdom is well proved, <HI>viz.</HI> I may give a poor man a penny; and therefore a King may di&s;inherit his Heir, or give his Kingdom to whom he plea&s;es. And &s;o he &s;ays, <HI>Jacob did di&s;inherit Ruben.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> What Kingdom was then given by any people to <HI>Jacob,</HI> to which <HI>Ruben</HI> was Heir? Be&s;ides, for ought he knows, or can find by <HI>Cicero, Tacitus, Demo&s;thenes, Cleon,</HI> or any tale told by any Poet, the time when <HI>Jacob</HI> lived and died, was then when all things were common and undivided; and how then could <HI>Jacob</HI> di&s;inherit <HI>Ruben?</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> Another In&s;tance for the right of Alienation, is of <HI>Davids</HI> di&s;inheriting <NOTE PLACE="marg">Grotius.</NOTE> <HI>Adonijah.</HI> Whether this be true, read 1 <HI>Chron. cap.</HI> 28. <HI>v.</HI> 5, 6, 7. <HI>And of all my &s;ons (for the Lord hath given me many &s;ons) he hath cho&s;en Solomon my &s;on to &s;it upon the throne of the kingdom of the Lord over I&s;rael. And he &s;aid unto me, Solomon thy &s;on, he &s;hall build my hou&s;e and my courts; for I have cho&s;en him to be my &s;on, and I will be his father. Moreover I will e&s;tabli&s;h his kingdom for ever, if he be con&s;tant to do my commandments and my judgments, as at this day.</HI> Nor was it for any crime <HI>Adonijah</HI> did not reign after <HI>David;</HI> for <HI>David</HI> had &s;worne <HI>Solomon</HI> &s;hould reign, before <HI>Adonijah's</HI> u&s;urpation, 1 <HI>King.</HI> 1. 13.</P>
<P>Mr. <HI>Hobbs</HI> makes no doubt, but <HI>a Monarch may choo&s;e his Succe&s;&s;or, and</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 7. <HI>art.</HI> 15. <HI>Cap.</HI> 9. <HI>art.</HI> 12.</NOTE> <HI>by his will di&s;po&s;e of the Supreme power of the City.</HI> And in the next Article <HI>he gives him leave to give it, or &s;ell it to whom he will.</HI></P>
<P><LABEL>Ob&s;erv.</LABEL> King <HI>James</HI> was ob&s;erved to make his Honors vile, becau&s;e he expo&s;ed them to &s;ale, and &s;o conferred them upon unworthy men, not as they de|&s;erved them, but they were able to pay for them, thereby to &s;atisfie his hungry Countrimen, who were daily begging boons of him. How vile would this man make Maje&s;ty? how light the ligeance which is due not only by nature, but by oath, from all Subjects to their rightful Soveraigns? And, <HI>The Crown of</HI> England <HI>has been &s;o free at all times, that it hath no earthly</HI> <NOTE PLACE="marg"><HI>St.</HI> 16. <HI>Ric.</HI> 2. <HI>cap.</HI> 5.</NOTE> <HI>&s;ubjection, but immediately &s;ubject to God touching the regality of the &s;ame Crown, and to no other.</HI> And it is declared by the Lords and Commons in Parliament, upon demand made by the King, <HI>That they could not a&s;&s;ent to any thing in Parliament, that tended to the di&s;inheri&s;on of the King and his</HI> <NOTE PLACE="marg">Sir <HI>Ed. Coke, In&s;t.</HI> 4. <HI>par. p.</HI> 15.</NOTE> <HI>Crown, whereto they are &s;worne.</HI> How this can be con&s;i&s;tent with this mans Sale of Crowns, I do not under&s;tand.</P>
<P>Our <HI>Author</HI> is &s;o in love with his <HI>Supreme and Ab&s;olute Tru&s;tee,</HI> that let him but do what he li&s;t, and he may &s;ay with <HI>Tiberius Cae&s;ar,</HI> <GAP DESC="foreign">; <HI>When I am dead, let the earth be mingled with fire.</HI></P>
<P><HI>Bodin,</HI> in the la&s;t Chapter of his <HI>Republique,</HI> becau&s;e neither from <HI>Plato's</HI> nor <HI>Xenophon's</HI> opinion, he can find Ju&s;tice to con&s;i&s;t in Geometrical nor Arithmetical proportion, will therefore have it to con&s;i&s;t in Harmonical; he not under&s;tanding harmonical proportion: For he makes it con&s;i&s;t in four terms, <HI>viz.</HI> 4. 6. 8. 12. and what proportion 4. has to 6. he &s;uppo&s;es <HI>Lex</HI> to have to <HI>Aequitas;</HI> and what proportion 8. has to 12. (which is the &s;ame with 4. to 6.) has <HI>Legis actio,</HI> to <HI>Judicis officium;</HI> and what proportion 4. has to 8. has the Law, to the action of the Law; and what proportion 6. has to 12. (which is the &s;ame with 4. to 8. <HI>viz.</HI> double) has Equity, to the office of the Judge.</P>
<P>He has indeed taken four numbers, out of which Arithmetical and
<PB N="52" REF="58"> Harmonical proportion may be taken; as 4. 8. 12. is in Arithmetical pro|portion, and 6. 8. 12. is in Harmonical; but 4. 6. 8. 12. is in Geometrical proportion. Harmonical proportion is, when three numbers are &s;o ordained, that the proportion of the greate&s;t number to the lea&s;t, is the &s;ame with the differences between the two greater, and the two le&s;&s;er: As in the&s;e three numbers, 6. 8. 12. the proportion between 12. the greate&s;t number, and 6. the lea&s;t number, is double; and the difference between 12. and 8. the greater numbers, is 4. and between 8. and 6. the le&s;&s;er numbers, is 2. and 4. is the double of 2. And therefore 6. 8. 12. are in Harmonical pro|portion. 8. to 6. is <HI>in proportione &s;e&s;quitertia</HI> <NOTE N="a" PLACE="marg">It &s;elf and a third part; for 4. is 3. and a third part of 3.</NOTE>, which makes <HI>Diate&s;&s;aron.</HI> or a fourth Note in Mu&s;ick. 12. to 8. is <HI>in proportione &s;e&s;quialtera</HI> <NOTE N="b" PLACE="marg">It &s;elf and half as much. 12. is 8. and half 8.</NOTE>, which makes <HI>Diapente,</HI> or a fifth Note in Mu&s;ick. 12. to 6. is <HI>dupla proportio,</HI> a <HI>Diapa&s;on,</HI> or an Eight. All other Notes are in <HI>proportione &s;e&s;quioctava</HI> <NOTE N="c" PLACE="marg">It &s;elf and an eight part; as 72. contains 64. an eight part of 64. Suppo&s;e <HI>Ela</HI> 64. <HI>D-la|&s;ol</HI> is 72. <HI>B|fa-bemi</HI> is a fourth from <HI>Ela</HI> inclu&s;ive|ly 85&frac13;. <HI>Ala|mire</HI> is a fifth, it &s;elf, and half &s;o much. 96. <HI>Elami</HI> is an eight from <HI>Ela;</HI> 128. double to <HI>Ela.</HI> Multiply 64. and you may take the <HI>Ga|mut</HI> infinitely in rational numbers without fra|ctions, as from 512. and &s;o forward.</NOTE>, Nor can Harmonical or Mu&s;ical mediety con&s;i&s;t in four terms or numbers, as <HI>Bodin</HI> would have it. But if either Ju&s;tice, Equity, or Harmony be com|prehended in the Writings of the&s;e three terms, <HI>Grotius, Hobbs,</HI> and <HI>White;</HI> then let me never expect Ju&s;tice but from a <HI>Committee,</HI> nor Equity but from the Univer&s;ity of <HI>Bethlem,</HI> and be eternally doomed to the Noi&s;e that is made at the Yelling of <HI>Tom Sternholds</HI> P&s;alms.</P>
<P>To what a condition here would the&s;e men reduce Mankind! For, what a condition are men in, where there are no Laws? To what purpo&s;e are Laws, where there are not they who may bear rule? <HI>Parum e&s;t ni&s;i &s;unt qui po&s;sint jura gerere.</HI> And who would look for Rulers out of the&s;e mens Writings? where men mu&s;t cut one anothers throats, to find them; and when they are found, then mu&s;t men &s;ubject them&s;elves to them, either body and &s;oul actively, and not pa&s;&s;ively only, that is, &s;uffer, when in their con&s;ciences they dare not act; or el&s;e to obey &s;o long as the fickle and in|con&s;tant Multitude will pretend a nece&s;&s;ity of rebelling or re&s;i&s;ting, or judge it rational to re&s;i&s;t and depo&s;e; and &s;o to the old trade of cutting throats again: Whether this thing, or that thing? this man, or that man be Su|preme? And after all this &s;hall the poor Hobnail be no wi&s;er, nor in any better, but much wor&s;e condition then he was before.</P>
<P>It is rarely &s;een, that where men are not content with tho&s;e Heirs <NOTE PLACE="marg">See Sir <HI>Edw. Coke In&s;tit.</HI> 3. <HI>p.</HI> 35, 36.</NOTE> which God gives them, that God does ble&s;s tho&s;e men which are put in the place of &s;uch Heirs. But without all que&s;tion, where Subjects are not content with what Soveraign God gives them, God did &s;carce ever ble&s;s any &s;uch as they made to them&s;elves. And let any &s;ober man con&s;ider, into what a mi&s;erable condition &s;uch Subjects or People have brought them&s;elves: For they mu&s;t needs live in continual fear, le&s;t the true Heir &s;hould recover his right again&s;t him whom they have &s;et up. But &s;uppo&s;e that there be no fear that ever the right Heir &s;hould come into his place; yet they have given a pre&s;ident to all Po&s;terity, not to &s;ubmit to this whom they have &s;et up: For why in rea&s;on &s;hould Po&s;terity be obliged to obey this, when|as they were not bound to obey the right Heir? Neither was Subjects con|dition under Monarchy ever &s;o bad, but the endeavoring to reform it by force of Arms, has made it much wor&s;e. The examples of this are infinite. It is u&s;ual therefore, where Subjects have taken up Arms and depo&s;ed Government, to alter the <HI>Species</HI> of their Government. For this, if the Government be converted from <HI>Monarchy</HI> into any other, See Mr. <HI>Hobbs Annotation</HI> upon the 3. <HI>Article</HI> of the 10. <HI>Chap. De Cive.</HI></P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="postscript">
<PB N="53" REF="58">
<HEAD>POSTSCRIPT.</HEAD>
<HEAD TYPE="sub">The Ob&s;ervators charge again&s;t his Adver&s;aries grounds and &s;uper&s;tructure, wherein they all agree.</HEAD>
<P>SInce there is &s;o little harmony between the&s;e Three in their &s;uper&s;tru|cture, not only to one another, but al&s;o to them&s;elves; it would make any man &s;u&s;pect, if there were nothing el&s;e, that their grounds were fal&s;e. We will therefore, before we &s;tate our own principles and &s;uper|&s;tructure, &s;et down theirs, and &s;hew wherein they all agree, and wherein we differ. And,</P>
<P N="1">1. Herein do all my three Adver&s;aries and I differ: They all &s;ay, that by Nature all men are in a like equal condition, and out of &s;ociety, until by voluntary pacts and acts of their will they &s;hall have formed them&s;elves into &s;ociety. I &s;ay, that men are by Nature born into &s;ociety and &s;ubordi|nation. To warrant this, I have not only the con&s;ent of the pre&s;ent Age, but the con&s;tant practice of all Ages in the world, from the te&s;timonies of all Prophane and Sacred Hi&s;tory; and that not only &s;ince the Flood, but before, if God made <HI>Adam</HI> an univer&s;al Monarch, as well over his wife and children, as over all other creatures; and that that there was a con&s;tant &s;ucce&s;&s;ion of the Patriarchs in the Fir&s;t-born, from <HI>Seth</HI> to <HI>Noah.</HI> Whereas none of them can give te&s;timony of one man in the world that ever lived out of Society, or tell when, or who fir&s;t violated Nature &s;o as to introduce it; and from whence it hath ever &s;ince continued all over the world, again&s;t the right of Nature.</P>
<P N="2">2. They &s;ay, All power in Government was originally in the People. I &s;ay, that for above three thou&s;and years after the Creation (excepting the <HI>Locedemonian</HI> Duarchy) was no Government but only Monarchy; nor was there any of them derived from the People: And that where&s;oever &s;ince the Creation, the People did a&s;&s;ume to them&s;elves the Supremacy, they did it by unju&s;t u&s;urpation. Be&s;ide Nature, I have almo&s;t infinite places in Sacred Writ to warrant that all Supreme power is from God immedi|ately; They, no colour of any one.</P>
<P N="3">3. They making men by Nature to be out of &s;ociety, and by acts of their wills to be in &s;ociety, make Nature to be depending and &s;ub&s;ervient to the wills of men; whereas Natural cau&s;es do immediately proceed from God, and are above the will of man. Society therefore being natural, the actions of the wills of the mo&s;t perver&s;e and wicked men in the world could never make them out of &s;ociety; but where they would not be commanded by their rightful Superiors, fell a commanding and obeying among them|&s;elves.</P>
<P N="4">4. They all not only invert Nature, and make Wills and Pacts &s;uperior to it in the cau&s;e of Society; but all of them make the natural relations of rightful Princes and Subjects to be di&s;&s;olvible by the wills of men; yet after a different manner. <HI>Grotius,</HI> when there is a nece&s;&s;ity, makes them di&s;|&s;olvible by the Subjects: Our Author, when the Subjects judge it rea&s;on|able: And <HI>Mr. Hobbs,</HI> when the King or <HI>Civitas</HI> will give or &s;ell the rela|tions. Whereas Regal power being Gods ordinance, is therefore &s;uperior to mens wills, and cannot be aliened or di&s;&s;olved by the will of man.</P>
<P N="5"><PB N="54" REF="59"> 5. They all not only invert Nature, and make it alterable by the will of man, but make the Law of Nature, or God, to take its origination from the civil pact or will of man; whereas the Law of Nature is eternal and immutable by the will of man, and connatural with every man, and always had, and ever &s;hall have a like obligation upon all men in all ages and places.</P>
<P N="6">6. I &s;ay, They not only bla&s;phemou&s;ly make Nature and the Law of God alienable, and depending upon the will of man; but al&s;o mo&s;t illo|gically confound the relations of agencie and patiencie in the &s;ame &s;ubject, and make the <HI>Cives</HI> to con&s;titute the civil pact, and to be &s;ubject to it; whereas <HI>Omnis potentia activa e&s;t principium tran&s;mutandi aliud.</HI></P>
<P N="7">7. They invert Grammatical con&s;truction, in making the <HI>Cives</HI> who con&s;titute the <HI>Civitas,</HI> the patient or governed; and the <HI>Civitas</HI> who accepts the wills of the <HI>Cives,</HI> to be the agent or governor: Whereas the con|trary is true in both; for, <HI>Obligans</HI> is the governor who does will, and <HI>ob|ligatus</HI> the governed who accepts the will of the governor.</P>
<P N="8">8. They all mo&s;t ridiculou&s;ly make the Creature, the <HI>Civitas,</HI> &s;uperior to, and the Governor of the Creator, <HI>viz.</HI> the <HI>Cives;</HI> whereas it is impo&s;|&s;ible any Being &s;hould be prime or &s;uperior to the cau&s;e of its being.</P>
<P N="9">9. They all of them make the <HI>Cives</HI> to endue the <HI>Civitas</HI> with that which none of them have either &s;eparately or conjunctly, <HI>viz.</HI> a power of life and death, and creating property; whereas <HI>Nil dat quod non habet, &amp; nemo pote&s;t transferre id in alium quod ip&s;e non habet.</HI> If all the&s;e things be true, and that I have not unju&s;tly charged them in my <HI>Ob&s;ervations,</HI> how contrary they are not only to one another, but to them&s;elves in their &s;uper|&s;tructure; then let the world judge, e&s;pecially you my dear and native Countrymen, whether grounds &s;o unnatural, &s;o bla&s;phemous, &s;o illogical, &s;o contrary to common &s;en&s;e and grammatical con&s;truction, &s;o ridiculous and impo&s;&s;ible, &s;hould be worthy to be accounted the Principles of Humane &s;ociety: Or whether they ought not to be exploded by mankind, as fit for nothing but to abu&s;e ignorant men, and to open a gap for Sedition and Athei&s;m. If I have here, or heretofore unju&s;tly charged them, two of my Adver&s;aries are alive, and of age, and may an&s;wer for them&s;elves; and no que&s;tion but <HI>Grotius</HI> hath followers enough who may vindicate him, if he hath wrong done him. Or if I have committed any of the&s;e things, in the&s;e <HI>Elements,</HI> let them make it appear, I will thank them for it.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="59">
<HEAD>A Premonition to the Reader.</HEAD>
<P>BE&s;ide that part of this Treati&s;e, which &s;hews the cau&s;es and means by which men attain Arts and Sciences; in this <HI>Preface, Ob&s;ervations</HI> and <HI>Ele|lements,</HI> I have de&s;igned three things. Fir&s;t in the <HI>Preface,</HI> I de&s;igne to demon&s;trate, That it is impo&s;sible that the Cau&s;e of Humane Society &s;hould be ori|ginally created by the pacts and wills of men; and the occa&s;ion of writing the&s;e Ob&s;ervations. Secondly, in the <HI>Ob&s;ervations,</HI> I de&s;igne to &s;hew, That the Cau&s;es of Humane Society do not appear from the&s;e mens Grounds and Principles. Thirdly, in the <HI>Elements,</HI> I endevour to demon&s;trate the Cau&s;es of all Humane, Chri&s;tian, and Legal Society. And if any of my Adver&s;aries, or any man el&s;e, &s;hall &s;hew me any errors in any of them, I profe&s;s I will a&s;cribe it as an act of Friend&s;hip to him.</P>
<P>I have one reque&s;t more to the <HI>Reader,</HI> That he would look upon all the&s;e <HI>Elements</HI> and <HI>Ob&s;ervations</HI> (except one half-&s;heet added to the <HI>Ob&s;ervations)</HI> to be pa&s;&s;ed the Pre&s;s, before His MAJESTIES Acknowledgment or Re&s;ti|tution; until the la&s;t Book, or one &s;heet or two of the Fourth Book of <HI>Ju&s;tice, &amp;c.</HI> And to in&s;ert in pag. 9. of this <HI>Preface,</HI> line 22. after-<HI>[For which no rea&s;on can be given]&mdash;</HI>what is contained in the Margin, from<HI>&mdash;[The&s;e things thus premi&s;ed, &amp;c.]</HI></P>
<PB REF="60">
</DIV1>
</BACK>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="60">
<P>ELEMENTS OF Power &amp; Subjection: Or the Cau&s;es of all Humane, Chri&s;tian, &amp; Legal SOCIETY.</P>
<Q><HI>Vir bonus e&s;t quis? Qui con&s;ulta Patrum, qui Leges juraque &s;ervat.</HI></Q>
<P>By <HI>ROGER COKE.</HI></P>
<P><FIGURE>
</FIGURE></P>
<P><HI>LONDON:</HI> Printed by <HI>T. N.</HI> for <HI>G. Bedel</HI> and <HI>T. Collins,</HI> at the Middle-Temple Gate. 1660.</P>
<PB REF="61">
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="61">
<HEAD>TO THE READER.</HEAD>
<P>_MAns thoughts of Life, and Living, are odd things, pritty Antithe&s;es, he thinks his whole Life (though he &s;hould live a Thou&s;and years) too &s;hort; and yet every day, nay hour of his living, too long. Vicious Men therefore mi&s;place their happine&s;s, in entertaining worldly plea&s;ures, thereby to delude, and &s;pend their time, which they de&s;ire &s;o much to continue in their Life, that in their living, it might not &s;eem to be. Virtuous Men have the &s;ame thoughts of Life and living with vi|cious Men, but their actions di&s;cern them: For tho&s;e hours, which in their Life would otherwi&s;e &s;eem tedious to them, they entertain either in the Con|templations of God, or his Works; or by doing virtuou&s;ly, &s;weeten tho&s;e &s;owre effects, which idlene&s;s cau&s;es: So that the old Philo&s;ophers would affirm,
<PB REF="62"> That not Years but Virtue &s;hould be the mea&s;ure of Mans life. And this reward hath God (the Author of Virtue in Men, as <HI>Plato</HI> divinely affirms) given <NOTE PLACE="marg">Meno: prope finem.</NOTE> to virtuous Men, that they not onely take plea&s;ure in remembring time pa&s;t, but al&s;o hope well in time to come, notwith&s;tanding all the frowns of perver&s;e and wrinckled Fortune; whereas vicious Men are onely plea&s;ed with deceiving the pre&s;ent time, a|&s;hamed to look back upon their actions pa&s;t, and affrighted upon the apprehen&s;ions of death, and worldly calamities which (notwith&s;tanding all their <HI>Proteus</HI> &s;hapes and <HI>Janus</HI> faces) happens to them, as well as virtuous Men, in time to come.</P>
<P>There is no time wherein virtuous Men may not contemplate God either as God, or in his Works, or do well; whereas many times vicious Men (though never &s;o rich and able to maintain their Vices) are ei|ther wearied with them, or have not means to attain to what they call the fruition of them; and then they may be truly accounted mi&s;erable, becau&s;e they know not what to do, and are neither plea&s;ed with the re|membring of what is pa&s;t, nor can hope well in time to come. And indeed, no Man is &s;o mi&s;erable as he who knows not how to entertain a day, but by being vicious in it. Vicious Men de&s;ire that all their acti|ons &s;hould be buried in oblivion with them, and will make it a cau&s;e of quarrel for any Man to mention tho&s;e things they daily do as their actions; whereas it is onely Virtue that does eterni&s;e Men to all Po&s;te|rity; for the whole Earth is a Monument for famous Men, and their Virtues &s;hall not onely be te&s;tified by in&s;cription of Stone at home, but by an unwritten
<PB REF="62"> Record of the Minde, which more then any Monu|ment, will remain with every one for ever.</P>
<P>Sir <HI>Francis Bacon</HI> in his Life of <HI>Henry</HI> the Seventh, compares Times to Ways, whereof &s;ome are more uphil and downhil, &s;ome are more plain and even; the one is better for the Reader, the other for the Liver: Sometime it plea&s;es God that Virtue &s;hould be (as it were) &s;o in fa&s;hion, That to be virtuous, is commendable, and rewarded; other while, Virtue is not onely per&s;ecuted by all the contrary names, but virtuous Men are butchered, impri&s;oned, &s;eque&s;tred, <HI>&amp;c.</HI> and for no other cau&s;e but onely their Virtue. <HI>Tacitus</HI> accounteth it a rare felicity of the Times, whenas an Hi&s;torian may without danger Record the Hi&s;tory of the Times.</P>
<P><HI>Polybius</HI> affirmeth of truth, That &s;he ought to be <NOTE PLACE="marg">Proem Hi&s;t.</NOTE> e&s;teemed of Men as the greate&s;t Godde&s;s, and that the greate&s;t Power ought to be attributed to her: For though all Men oppo&s;e her, and &s;ometime many kinds of veri&s;imilitudes and appearances &s;tand again&s;t her for a Lie; yet I know not how, &s;he by her &s;elf in&s;i|nuates her &s;elf into the mindes of Men: And &s;ome|time on the &s;udden &s;hews how potent &s;he is; and &s;ometime after &s;he hath been along time ob&s;cured by darkne&s;s, at length of her &s;elf prevails, and expugn|eth the Lie. If a Man vary the terms of Truth and Lie, into Virtue and Vice, this affirmation will not le&s;s hold true. Virtue was never &s;o oppre&s;&s;ed by Ignorance and Faction, but that the virtues of good Men &s;hall finde honorable mention afterward: And Vice and Faction, however cryed up at pre&s;ent, &s;hall hereafter be fully laid open, and their deformity di&s;|covered
<PB REF="63"> to all Po&s;terity. Virtue is the &s;ame in all Ages, and mo&s;t amiable in her &s;imple nakedne&s;s: and it is Vice which hath need of fal&s;e glo&s;&s;es, and hath &s;uch &s;pecious &s;hewes and pretences put upon it, to make it &s;eem Virtue, which fucous and fal&s;e paint continues no longer then the pre&s;ent Faction.</P>
<P>Of all Virtues next after Religion, Ju&s;tice is the mo&s;t worthily ranged in the fir&s;t place, not only as including all other Virtues, but as excluding it all a Mans actions are rendred as Vile and contemptible, other Vices are like Moats in running waters, (and the &s;malle&s;t Moats are ea&s;ile&s;t &s;een in pure&s;t &s;treams) but inju&s;tice is like the poy&s;oning the Fountain, which corrupts all the &s;tream. There is no Man that is &s;o perfect, but &s;ome &s;pots and &s;tains may be &s;pied in his actions, which are &s;oone&s;t &s;pied in the be&s;t Men; but no Man (Heathen or Chri&s;tian) can de&s;erve the lea&s;t reputation of being good or Virtuous, who is an unju&s;t Man. It was not <HI>Alexanders</HI> Venery, Ryot, Drunkenne&s;s, and Captivity to the <HI>Per&s;ian</HI> Effeminacy (Vices though bad enough) but his <HI>occidit etiam Calli&s;thenem,</HI> that was put in Coun|terpoiz <NOTE PLACE="marg">Senec. de be|neficiis.</NOTE> to all his Virtues. It is Ju&s;tice, which (next after the mo&s;t immortal, greate&s;t be&s;t God and Re|ligion) fabricates, connects and e&s;tabli&s;heth Na|tions and Kingdoms in Unity and Peace. It is in|ju&s;tice which (next after Gods puni&s;hments for their &s;ins) &s;ubverts them to the ruine of the greate&s;t part of the inhabitants; &s;o that Ju&s;tice de&s;ervedly hath the pre-eminence of Virtues next after Religion, and Inju&s;tice is the foule&s;t and vile&s;t of all Vices, after Athei&s;me.</P>
<PB REF="63">
<P> Though Ju&s;tice be &s;o high and noble a Virtue, yet I think there was never any thing by learned Men (as <HI>Xenophon, Plato, Ari&s;totle, Bodin, Grotius)</HI> more mi&s;taken. Not that I deny but that many Virtuous Men from their innate good nature, have in their actions practi&s;ed that, which hath been rarely well defined; like Men who by a habit &s;peak well, yet cannot give a Grammatical con&s;truction of their &s;peech; or like the <HI>Romans,</HI> who though the <HI>Grecians</HI> were be&s;t at the Theory of Rhetorick and Poetry, were the be&s;t Orators and Poets; or like the Phy&s;iti|ans, who in blood-letting &s;uppo&s;ed the circulation of the blood, yet none a&s;&s;erted it before the mo&s;t re|nowned Philo&s;opher Doctor <HI>William Harvey;</HI> or like a Mu&s;itian, who compo&s;es well, yet under&s;tands but little in the Theory of Mu&s;ick.</P>
<P>For my part, as I hate Flattery as one of the ba&s;e&s;t Vices, and the mo&s;t incon&s;i&s;tent with Ingenuity, or Integrity, &s;o had I much rather that the&s;e Ele|ments &s;hould be <GAP DESC="foreign">, though a pre&s;ent &s;ufferer for them, then by any &s;ini&s;ter means to attain to any greatne&s;s what&s;oever.</P>
<P>All things are at fir&s;t appearance, curiou&s;ly &s;can|ned, and cen&s;ured by Men, it may be mo&s;t by them, who lea&s;t under&s;tand them; for, <HI>Nihil e&s;t facilius quam reprehendere alium.</HI> I de&s;ire nothing el&s;e of any ingenuous Reader, then that in cen&s;uring any thing in this following di&s;cour&s;e, he would declare what he would have in&s;tead of it.</P>
<Q>Carpere vel noli no&s;tra, vel ede tua.</Q>
<PB REF="64">
<P> I know it is <HI>Humanum errare,</HI> and I not having a beaten path to direct me to my journies end, and be|ing unfit for &s;o great an underraking, although &s;upplied with greater helps then I have found, &s;hall very probably be &s;ubject to &s;tumble, having had &s;o dark and feeble means to keep my &s;elf upright. How|ever, in all this Apo&s;tacy of Men in general, from all Faith, Religion, and Moral hone&s;ty, I have en|deavored to &s;hew from what cau&s;es, all Vitues as well Theological, as Moral, flow; and that Men by for|&s;aking them mu&s;t nece&s;&s;arily fall into all tho&s;e cala|mities, and confu&s;ions which now involve us. What|&s;oever therefore my errors and defections are, they ought rather to be forgiven, then to cau&s;e anger in any candid Reader: for my part, I profe&s;s ingeniou&s;ly, I will a&s;cribe it an Act of friend&s;hip in any Man, who &s;hall direct my going in a more plain path, or &s;hew me where I have &s;trayed out of the way, by treading in this.</P>
</DIV1>
<DIV1 TYPE="preface">
<PB N="1" REF="64">
<HEAD>THE APPARATUS: OR, <HI>The different Nature of Man from other Creatures: And why only Government is nece&s;&s;ary to Man|kinde.</HI></HEAD>
<P>_SInce there is nothing more manife&s;t, then that there is every where in the World <HI>Government;</HI> for no man can &s;ay, That this thing is his, or that thing another mans, but he mu&s;t pre&s;uppo&s;e a Superior Power, which gave him, and the other man a Right in this, or that thing: And &s;ince from the evi|dence of all Sacred and Prophane Hi&s;tory, no time was ever recorded, in which men were not in &s;ubjection to one another: And &s;ince from <NOTE N="*" PLACE="marg"><HI>Viz.</HI> Groti|us, Hobbs, White.</NOTE> the&s;e mens Principles, it is not po&s;&s;ible that any Power in Government can be derived; For to &s;uppo&s;e by the Law of Nature all men to be equal, and to have a common and undivided Right to all things, it is im|po&s;&s;ible that they can create a power which may give Law, Property, and Power of Life and Death, when as they them&s;elves have none at all. But &s;uppo&s;e all Men are by nature equal, and yet have a right to create a &s;upream Power, which may give Property, yet then it mu&s;t follow, That all the Men of the World mu&s;t be &s;ubject to one Individual Government: For <HI>ex hypothe&s;i,</HI> the Inhabitants of <HI>Greece</HI> have as much right to all the things in <HI>Britain,</HI> as the Inhabitants of <HI>Britain</HI> have; and the Men of <HI>Spain</HI> have as much right to all the things in <HI>Italy,</HI> as the <HI>Italians</HI> have; and &s;o have the <HI>French</HI> to all things in <HI>Italy, Germany, Per&s;ia, &amp;c.</HI> Nor can the Inha|bitants of <HI>France, Germany, Spain, &amp;c.</HI> frame to them&s;elves any Govern|ment; for <HI>ex hypothe&s;i</HI> by the Law of Nature, the <HI>Per&s;ians, Indians, Mo&s;|covites, &amp;c.</HI> have as much right in <HI>France, Germany, Spain, &amp;c.</HI> as the <HI>French, Germans,</HI> and <HI>Spaniards</HI> have. And to &s;uppo&s;e, that by the Law of Nature all Men have all things in common; and to &s;uppo&s;e, that what&s;oever is or &s;hall be renewed in <HI>Spain, England, France, &amp;c.</HI> is due by the Law of Na|ture only to <HI>Spaniards, Engli&s;hmen,</HI> and <HI>French, &amp;c.</HI> is to &s;uppo&s;e a contra|diction and impo&s;&s;ibility.</P>
<PB N="2" REF="65">
<P> Nor is that Fancie le&s;s groundle&s;s, which &s;uppo&s;eth that Regal power or government was fir&s;t in&s;tituted from an aggregation or con&s;ent of Fa|milies: For how is it po&s;&s;ible there &s;hould be a Family, where there is no Supreme power which gave Property, in that place and habitation where that Family is? Nor where there is no Law precedent obliging, can it be expected that any man will (where he may be free at his own plea&s;ure) be a Servant: Nor can it in rea&s;on be &s;uppo&s;ed, that any man will contract with another to be his Servant, whereas he may as well expect to be his Ma&s;ter. It &s;hall be therefore our endevour to find out the true Cau&s;es and Principles of Power and Subjection. But before we proceed, it will not be ami&s;s to &s;ee, in a &s;hort view, the natural difference between Man and other Creatures of this inferior orb; and why Humane or Politick Government is only nece&s;&s;ary to Mankind.</P>
<P>Of all the Creatures of this inferior orb, only Man u&s;es Rea&s;on; by which with the help of his Memory and Experience, he proceeds from things manife&s;t and known to the Under&s;tanding, to find out things le&s;s known, and more ob&s;cure: yet &s;till &s;o, that &s;ub&s;equent Generations may infinitely adde to what precedent Ages had found out; whereas other Crea|tures do by an impul&s;e of Nature (being taught of no Creature, nor from any ob&s;ervation by them&s;elves) in&s;ite and connatural with them, at fir&s;t attain to &s;uch perfection, that in &s;ucce&s;&s;ion of time nothing is added to it. Thus we &s;ee all Birds at their fir&s;t trial make their ne&s;ts with as much art and ingenuity, as tho&s;e that do live longe&s;t; And &s;o the younger Bees make the honicomb as perfect as tho&s;e who had done it twice or thrice be|fore. And certainly it is an admirable thing to con&s;ider, with how great providence the&s;e &s;malle&s;t Creatures and imperfect Animals do choo&s;e out places for their conceptions, even before they be living creatures, and but only &s;o in power; and with what unimitable art they build, fortifie, and hide the place wherein they repo&s;e them. I have &s;een an <HI>Indian</HI> Birds ne&s;t, which was made upon a &s;mall bough growing over waters, which bough was too weak to &s;upport the weight of a Monky, (the Monkies in tho&s;e parts of <HI>India</HI> u&s;e to prey upon young Birds) and provident Nature points out the&s;e places to tho&s;e Birds for the &s;ecurity of their young ones from the Monkies; for of all terre&s;trial creatures, only Men and Monkies, and their kindes, &s;wim not naturally; and the Monky, if he in &s;eeking to get the young birds, falls into the water, drowns him&s;elf.</P>
<P>I have with great admiration &s;een Frogs (which are u&s;ually generated in the moneth of <HI>March)</HI> confidently and carele&s;ly &s;wimming croaking upon one another upon the &s;urface of the water, whenas Hor&s;es and other cattel have been there; but upon the coming of Ducks (who naturally prey upon and devour them) they have been all hu&s;ht and gone, and not one to be &s;een: It being &s;ure worthy admiration, that Providence &s;hould &s;o direct tho&s;e &s;purious and imperfect animals, and but of ye&s;terdays being, and not of much longer continuance, to know without any apprehen&s;ion of danger tho&s;e creatures who are not hurtful to them, and to fear and avoid tho&s;e who are enemies and prey upon them. Neither is Providence le&s;s &s;een in all creatures (if a man con&s;iders it) in the pre&s;ervation of them|&s;elves and their young ones; &s;o that a man mu&s;t needs confe&s;s, that in them is &s;ome particle of Divine air, and this their unlearned art and wi&s;dom is rather to be admired their imitated by us.</P>
<PB N="3" REF="65">
<P> Man by his ob&s;ervation and experience findes out what things and Creatures are hurtful or helpful to him; other Creatures by an in&s;tinct of Nature, at the fir&s;t &s;ight know what things and Creatures are hurtful to them or not: thus we &s;ee the timerous young Hare feedes &s;ecurely among Hor&s;es and Cowes, and the olde&s;t Hart flyes afrighted from the &s;malle&s;t dogge. Man can never attain to the knowledge of what things conduce mo&s;t for his corporal pre&s;ervation (and therefore the olde&s;t and mo&s;t ex|perienced and learned Phy&s;itian may to morrow find what the day before he was ignorant of; and yet &s;hall never attain to the perfection of knowing what is be&s;t for his own body) which other Creatures (by avoiding tho&s;e things which are hurtful, and choo&s;ing tho&s;e things which are mo&s;t benefici|al for them&s;elves) do.</P>
<P>The careful Navigator by the help of &s;ome Theorems of longitude and latitude, and the u&s;e of his Card and Compa&s;&s;e, &s;ailes from one Coa&s;t to another, whereas other Creatures by a propen&s;e di&s;po&s;ition to this or that place, without any ob&s;ervations and direction of their &s;en&s;es, fly to other regions where they never were before. So Faulcons, Wildgee&s;e, Wood|cocks, &amp;c. come from other regions into <HI>England</HI> in the Autumn, and at the Spring for&s;ake us. And Swallowes; Martyns, Hobbyes, &amp;c. which brood with us in the Summer, when the Antumn approaches, leave this Clymate for another, to which they cannot attain by any &s;en&s;e or ob&s;er|vation of their own. A Gentleman living in <HI>Buckingham-</HI>&s;hire had a Beagle &s;ent him by Sea from the mo&s;t Ea&s;tern part of <HI>Suffolk</HI> to <HI>London,</HI> and from thence was conveyed by water into <HI>Buckingham-</HI>&s;hire: &s;ome time after, upon &s;ome di&s;ta&s;te taken by the dogg, he returned home to his old Ma&s;ter by land, which was above an hundred miles: But what is mo&s;t admirable is, that <HI>omne genus Balaenae,</HI> as Dolphins, Whales, Porpices (which do not keep in &s;hoales or company; and although Fi&s;hes are <HI>animalia vivipara,</HI> that is, bringing forth their young ones actual living Creatures, and do generate <HI>viviparorum more)</HI> &s;hould in that va&s;t body of the Ocean (when as by rea&s;on of the gro&s;&s;ene&s;s of the <HI>Medium,</HI> they cannot u&s;e their &s;ight at any &s;mall di&s;tance, to perceive when they are neer one another) at the &s;ea&s;ons of ge|neration find one another. To proceed herein, were proper for <HI>Plinies</HI> na|tural Hi&s;tory, or <HI>Ari&s;totles</HI> Hi&s;tory of living Creatures.</P>
<P>All Creatures are either <HI>animalia nociva,</HI> hurtful Creatures, which prey upon, and devoure other living Creatures; or <HI>innocua,</HI> which feed and eate upon &s;uch vegetives as grow and are renewed by the earth or water; or <HI>&s;ociabilia,</HI> which are only Men who are better or wor&s;e then other living Creatures accidentally. If they &s;uffer them&s;elves to be en&s;laved by their depraved pa&s;&s;ions and appetitions, then they become wor&s;e than any hurt|ful Creature; but if they (by depre&s;&s;ing their pa&s;&s;ions and ill affections) rule their actions by rea&s;on, they far tran&s;cend all other Creatures.</P>
<P>The end of Government is twofold, either to pre&s;erve the governed in peace within them&s;elves, or to protect them from forraign force or power; in neither of which re&s;pects is Government requi&s;ite to other Crea|tures be&s;ides Men: For <HI>animalia nociva</HI> are <HI>&s;olivaga,</HI> and therefore no Go|vernment is required to keep them in Peace one with another, whereas they do not company one with another. And many other living Creatures who are not by nature hurtful, do not keep in companies, and therefore no Go|vernment to pre&s;erve them&s;elves in peace, is requi&s;ite to them neither. It is
<PB N="4" REF="66"> an admirable thing to contemplate how nature has granted to the&s;e hurtful and robu&s;tious Creatures, armes con&s;entaneous to their force, to protect them&s;elves from outward force and violence of tho&s;e Creatures who are enemies unto them; as the Lyon his paws and tayle, the Bear his paw, the Fox, Otter, Brock, &amp;c. their Teeth; whereas other Creatures who are by nature denied tho&s;e armes to defend them&s;elves, what a &s;trange cunning and dexterity has nature given them in the pre&s;ervation of them&s;elves, from tho&s;e Creatures who are hurtful to them, and prey upon them.</P>
<P>Tho&s;e Creatures who live in Community one with another, by de&s;iring the &s;ame things, and avoiding the &s;ame things, to direct their actions to a common end, that their companies are obnoxious to no &s;editions; and therefore Government is not nece&s;&s;ary to them neither, and of them is Man u&s;ually Protector again&s;t their ravening enemies.</P>
<P>Men differ from other Creatures, for they are neither <HI>Animalia &s;olivaga,</HI> not <HI>gregalia,</HI> but <HI>&s;ociabilia,</HI> that is, living in conver&s;ation and &s;ubordination; and Man is born a living Creature, apted potentially for &s;ociety, and alike naked and unarmed as one whom nature intended a &s;ociable, peaceful, and politick Creature, and to be governed rather by rea&s;on, than force in all his actions; and therefore has endewed him with hands and ingenuity, that having by his ingenuity purcha&s;ed him&s;elf nece&s;&s;aries, he might with his hands cloathe, feed, and defend him&s;elf.</P>
<P>In all other Creatures the Laws of Nature (that is, tho&s;e bounds which God by Nature has &s;et them) are &s;ecurely obeyed and never tran&s;gre&s;&s;ed by them, and are only tran&s;gre&s;&s;ed and violated by Man; and therefore the Laws of Nature are not &s;ufficient for the pre&s;ervation of mankind in Peace; for by rea&s;on of the di&s;cords which ari&s;e naturally in Men, for Honor and preheminence. Secondly the appetite of po&s;&s;e&s;&s;ing all things. Thirdly the de&s;ire to excell other Men in wi&s;dome and policy, and to that end are &s;tudious of novelty which cau&s;es &s;editions and civil warrs, that they might be e&s;teemed wi&s;er then the men of this pre&s;ent Age, or their predece&s;&s;ors|by rea&s;on of which, pre&s;ent coer&s;ive humane Laws are nece&s;&s;ary for pre&s;er|ving peace among Men, that the feare of a pre&s;ent puni&s;hment may deter men from tho&s;e things, which becau&s;e of their Infidelity and Athei&s;me they otherwi&s;e would not feare.</P>
<P>I&s;ay, this Humane Power, from whence all Humane Laws are deri|ved, is from the Law of Nature, and if it &s;hall &s;eem &s;trange to any Man that it &s;hould be Humane, and yet derived from the Law of Nature; let that Man con&s;ider that only Man is a Humane Creature, and does Humane and rea&s;onable actions; and yet it is from the Law of Nature, that only Man is a Humane Creature and can do Humane and rea&s;onable actions. And the Fathers and Husbands power is Humane; yet I think no Man be|fore Mr. <HI>Hobbs</HI> did ever deny, that they were from the Law of Nature. I know in u&s;ual &s;peech the &s;upream power of Nations, is called Politick power, which is a mi&s;taking of the cau&s;e for the effect, for it is not the power which is politick in the cau&s;e, but in the effect and exerci&s;e; as take an in&s;tance of my meaning, A Father hath divers Children of &s;everal di&s;po|&s;itions, one di&s;po&s;ed to learning, another endewed with bodily &s;trength, and aver&s;e from learning; another hath not bodily &s;trength, yet a de&s;ire to learning: but by rea&s;on of his gro&s;s <HI>Minerva,</HI> is not probably qualified to attain to any great progre&s;s in it, &amp;c. The Father breeds up his Studious
<PB N="5" REF="66"> Son in literature, his Active Son which hath no di&s;po&s;ition to learning he makes a Soldier, or Seaman; his Duller Child he binds an Apprentice to &s;ome Trade, &amp;c. Though the Fathers power be Natural, yet this exer|ci&s;e of it is Politick; &s;o though Regal Power be from the Law of Nature; yet mu&s;t the exerci&s;e of it be Politick. And therefore Humane Laws, and the exerci&s;e or Politick u&s;e of Humane Power, cannot (though the Power of all Kings be alike, and from the Law of Nature) be the &s;ame in &s;everal Nations, but different according to the nature, manners, and di&s;po&s;itions of the Inhabitants. And we &s;ee the &s;ame King governing in divers places, by divers Laws, accordingly as his Subjects are different in manners, and di&s;po&s;itions. Humane Laws therefore, and the Politick u&s;e of Regal Power; cannot be as the Laws of Nature are immutable, and the &s;ame in all parts of the world, but ought to take their origination from the nature and di&s;po|&s;ition of the Governed, and are alterable as Mens vices and manners do alter.</P>
</DIV1>
<DIV1 TYPE="introduction">
<PB N="6" REF="67">
<HEAD>The Method ob&s;erved in the &s;ub&s;equent TREA|TISE, and the Rea&s;on of it.</HEAD>
<P>_ALl Science, all Learning, and all Rea&s;oning by the Judg|ment of <HI>Ari&s;totle</HI> is begotten from pre-exi&s;ting Principles, which being indemonstrable in them&s;elves, do demon&s;trate them. And &s;ince that all Society, or Power and Subjection what&s;oever, is created by Divine or Humane Laws; and &s;ince it is impo&s;sible, there &s;hould be <HI>Lex Lata,</HI> where there was not <HI>Jus Legi&s;lativum</HI> Superior, and the cau&s;e of it: In the First Book we treat of Rights, Laws, Virtues, the Obligation of Laws; and of Pacts, Promi&s;es, Vows, Leagues, and Gifts, and from whom Men become obliged to them.</P>
<P>The&s;e things thus premi&s;ed, the Second Book treats of the Cau&s;es of all Humane, Chri&s;tian, and Legal Society; of Regal and Magi&s;trates Power; of the Three Species of Government, <HI>viz.</HI> Monarchy, Ari&s;tocracy, and Democracy, of Sedition, and the cau&s;es of it: Of the Fathers, Husbands, Ma&s;ters, and Eccle&s;ia&s;tical Power.</P>
<P>The Third Book treats of Subjection, Succe&s;sion, and the Municipal Laws of this Nation.</P>
<P>The Fourth Book treats of Ju&s;tice, Obedience, Judgment, and Equity.</P>
<P>The Fifth Book treats of the fir&s;t Planting of Chri&s;tianity under the <HI>Briti&s;h</HI> and <HI>Saxon</HI> Kings; and of the Freedom of the <HI>Briti&s;h</HI> and <HI>Engli&s;h</HI> Churches before the Conque&s;t; and how far the Kings of <HI>England</HI> had exerci&s;ed their Eccle&s;ia|&s;tical Juri&s;diction; and how both <HI>Briti&s;h</HI> and <HI>Saxon</HI> Kings had been Nur&s;ing-Fathers to the Church of Chri&s;t; and how far &s;ince the Conque&s;t, the Kings of <HI>England</HI> had exerci&s;ed their Juri&s;diction in the A&s;&s;ertion of their Regal Power, in defence of the Church, until <HI>Henry</HI> the <HI>8^t^h,</HI> and of the Reformation made by <HI>Hen.</HI> 8. <HI>Edw.</HI> 6. Queen <HI>Elizabeth,</HI> and of the Eccle&s;ia&s;tical Laws made by them, Queen <HI>Mary,</HI> King <HI>James,</HI> and King <HI>Charls.</HI></P>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="1" TYPE="book">
<DIV2 TYPE="table of contents">
<HEAD>A more particular Survey of the Contents of the Fir&s;t Book.</HEAD>
<P><HI>Chap. I.</HI> THe Fir&s;t Chapter not onely treats of tho&s;e Rights which mu&s;t nece&s;&s;arily precede all Humane and Eccle&s;ia&s;tical Laws; but al&s;o of tho&s;e Rights which are created by Humane Laws.</P>
<P><HI>Chap. II.</HI> Treats of Divine, Humane, Eccle&s;ia&s;tical, and De&s;potical Laws and from whence they are derived.</P>
<P><HI>Chap. III.</HI> Shews what Virtue is, and the cau&s;es of all Theological, Moral, Humane, Prudential, and Per&s;onal Virtues.</P>
<P><HI>Chap. IV.</HI> Treats of Particular, Moral Virtues, and</P>
<P><HI>Chap. V.</HI> Proves them to be commanded by God in the <HI>old</HI> and <HI>New Te&s;ta|ment.</HI></P>
<PB N="7" REF="67">
<P> <HI>Chap. VI.</HI> Demon&s;trates the Obligation of Divine and Humane Laws upon the Per&s;ons and Con&s;ciences of Men.</P>
<P><HI>Chap. VII.</HI> Is of Promi&s;es, Vows, Leagues, Pacts, or Contracts and Gifts, and from whence Men become obliged to them; and does demon&s;trate, that it is impo&s;sible that any Law or Legi&s;lative Right can ari&s;e from the Pacts or Contracts of Men; which concludes the Fir&s;t Book.</P>
</DIV2>
<DIV2 TYPE="definitions">
<HEAD>DEFINITIONS.</HEAD>
<P><HI>JUs</HI> is a Right, Due, or Property in God, principally and ab&s;olutely; or in &s;ome <NOTE PLACE="marg">Jus, quid.</NOTE> Man, or Men, by &s;ome Divine or Humane Law, excluding all others, but him or them from whom it is derived.</P>
<P><HI>Fir&s;t,</HI> All Right is either <HI>Jus Divinum</HI> or <HI>Naturale,</HI> and this Right is <NOTE PLACE="marg">The Specifica|tions of it.</NOTE> onely, primely, and ab&s;olutely in God, and incommunicable to any Creature: Or</P>
<P><HI>Secondly, Jus Humanum</HI> is a Right which Men have from the Law of Nature: Or</P>
<P><HI>Thirdly, Jus Eccle&s;ia&s;ticum,</HI> a Right by which the Tribe of <HI>Levi</HI> did under the Old Law, exerci&s;e their Prie&s;tly Office and Function; and a Right by which Bi&s;hops, Prie&s;ts, and Deacons, among Chri&s;tians do execute their Office and Functions: Or</P>
<P><HI>Fourthly, Jus Legale,</HI> a Right which all Subjects have in their E&s;tates and Goods: And this Right is either <HI>Jus Proprietatis</HI> or <HI>Jus U&s;ufructuarium.</HI></P>
<P N="2">2. Nature is either that eternal Being, which ever was in God, which Men <NOTE PLACE="marg">What is Na|ture.</NOTE> call <HI>Natura Naturans:</HI> Or that fir&s;t Being, which is in any Creature &s;uperior to the Will of any Creature, and created onely by God; and this Nature Men call <HI>Natura Naturaliter;</HI> the depraved &s;inful Nature of Man was not originally created by God, but afterward made by Man.</P>
<P N="3">3. <HI>Jus Naturae Naturantis,</HI> is that Right which mu&s;t nece&s;&s;arily precede <NOTE PLACE="marg"><HI>What is</HI> Jus Naturae Na|turantis. <HI>What is</HI> Jus Naturae Natu|raliter.</NOTE> and create <HI>Lex Naturae.</HI></P>
<P N="4">4. <HI>Jus Naturae Naturaliter,</HI> is that Right which is created by the Law of Na|ture; but becau&s;e this Right is proper to Man onely, we will call this Right a Humane Right: As al&s;o that Power which is created by the Law of Nature, although it be Natural <HI>Naturaliter,</HI> yet being proper to Man, we call it Humane Power.</P>
<P N="5">5. A Law is the declared Will of him who by right commands, forbids, or <NOTE PLACE="marg">What is a Law.</NOTE> permits athing, together with a penalty annext for not ob&s;ervance.</P>
<P><HI>Lex dicitur &agrave; ligando, quia obligat,</HI> &s;ays <HI>I&s;idore</HI> rightly. <NOTE PLACE="marg"><HI>Etymologie of</HI> Lex.</NOTE></P>
</DIV2>
<DIV2 TYPE="axioms">
<PB N="8" REF="68">
<HEAD>Common Notions or Axioms.</HEAD>
<P N="1">1. ALL Right which any Man, or company of Men have, is derived either from the Law of Nature, or &s;ome Divine Po&s;itive Law declared in the Scriptures, or from &s;ome Humane Law, or particular Cu&s;tom, which is always pre&s;umed to be created, or permitted by Humane Laws.</P>
<P N="2">2. Humane Laws and Cu&s;toms refer to &s;ome particular place or Countrey, as they are permitted or impo&s;ed by the &s;upream Power of that place or Countrey: <HI>viz.</HI> By them who have right to impo&s;e or permit them.</P>
<P N="3">3. The Laws of Nature oblige all Men of all conditions alike, without ex|ception, and are eternal and immutable by Man, and are, and always were con|natural with all Men.</P>
<P N="4">4. No Being can precede, or be &s;uperior to the cau&s;e of its Being.</P>
<P N="5">5. All Cau&s;es are &s;uperior, and precede their Effects.</P>
</DIV2>
<DIV2 N="1" TYPE="book">
<PB N="9" REF="68">
<HEAD>THE FIRST BOOK.</HEAD>
<DIV3 N="1" TYPE="chapter">
<HEAD>CHAP. I. De Juribus.</HEAD>
<P N="1">1. <HI>_LEx Humana lata</HI> has by the &s;econd Notion no being, <NOTE PLACE="marg"><HI>Jus Humanum Legi&s;lativum,</HI> is not from any Humane Law.</NOTE> but as it is cau&s;ed or created by him, who has the <HI>Jus Legi&s;lativum. Lex Humana lata</HI> therefore can|not by the Fifth Notion create <HI>Jus Legi&s;lativum.</HI></P>
<P N="2">2. If <HI>Jus Humanum Legi&s;lativum</HI> were from <NOTE PLACE="marg"><HI>Jus Humanum Legi&s;lativum</HI> is not created by Divine po|&s;itive in&s;tituti|on.</NOTE> Divine po&s;itive in&s;titution, then by the Fifth No|tion mu&s;t the Scriptures precede all Legi&s;lative Right; but this is evidently repugnant, not only to the Scriptures them|&s;elves, who te&s;tifie not only the Right which Fathers and Husband have over their Children, and Kings over their Subjects long before God re|vealed them by <HI>Mo&s;es;</HI> but al&s;o this Lawgiving Right is in every place of the world, whether the Scriptures be received or beleeved, or not. It is evident therefore that this Law-giving Right is not created from Gods po|&s;itive Laws in the Scriptures.</P>
<P N="3">3. <HI>Jus Humanum Legi&s;lativum,</HI> is not by the fir&s;t Propo&s;ition from <NOTE PLACE="marg"><HI>Jus Humanum Legi&s;lativum,</HI> is from the Law of nature immediately.</NOTE> any Humane Law; by the &s;econd Propo&s;ition, <HI>Jus Humanum Legi&s;lativum</HI> is not from Divine po&s;itive Laws. Therefore by the fir&s;t Notion, <HI>Jus Hu|manum Legi&s;lativum,</HI> is from the Law of Nature.</P>
<P N="4">4. By the third Notion the Laws of Nature are, and alwaies were con|natural <NOTE PLACE="marg"><HI>Jus Eccle&s;ia&s;ti|cum,</HI> is not from the Law of nature.</NOTE> with Men; but the Right which God gave the Prie&s;ts under the old Law; and to Bi&s;hops, Prie&s;ts, and Deacons, under the new Law, hapned long &s;ince, Men were borne in the world, and therefore the Eccle|&s;ia&s;tical Right of Bi&s;hops and Prie&s;ts, is not from the Law of Na|ture.</P>
<P N="5"><PB N="10" REF="69"> 5. If Humane Laws could create the Right of Eccle&s;ia&s;ticks; then by <NOTE PLACE="marg">Nor from any humane law.</NOTE> the 2. <HI>Notion,</HI> he who may by right create Humane laws, might al&s;o create this Eccle&s;ia&s;tical right. But this is evidently fal&s;e; for all Kings, Fathers and Husbands have a right of creating Humane laws; but none have the right of creating the Gho&s;tly right by which Eccle&s;ia&s;ticks exerci&s;e their function or office. This right therefore is not created by any Humane law.</P>
<P N="6">6. By the 4. <HI>Propo&s;.</HI> Eccle&s;ia&s;tical right is not from the law of Nature. <NOTE PLACE="marg">All Eccle&s;ia&s;ti|cal right is by divine po&s;itive in&s;titution.</NOTE> By the 5. <HI>Propo&s;.</HI> it is not from any Humane law; therefore by the 1. <HI>Notion,</HI> it is by Divine po&s;itive law or in&s;titution.</P>
<P N="7">7. By the 2. <HI>Notion,</HI> all Humane laws are made by men; but it is im|po&s;&s;ible <NOTE PLACE="marg"><HI>Jus primi oc|cupantis,</HI> is not from any humane law.</NOTE> by the 4. <HI>Notion,</HI> that men &s;hould make laws, where no men are; therefore cannot <HI>Jus primi occupantis</HI> be from any Humane law.</P>
<P N="8">8. This right of fir&s;t po&s;&s;e&s;&s;ion not being only due before Gods reve|lation <NOTE PLACE="marg">Nor from di|vine po&s;itive laws.</NOTE> of him&s;elf in the Scriptures, but al&s;o where they are not believed or received; it cannot be by the 4. <HI>Notion,</HI> from Gods divine po&s;itive laws.</P>
<P N="9">9. All Right, by the 1. <HI>Notion,</HI> being either from the law of Nature, <NOTE PLACE="marg">It is from the law of nature.</NOTE> or &s;ome Divine po&s;itive, or Humane law; and this right by the 7. <HI>Propo&s;.</HI> not being from any Humane law; and by the 8. <HI>Prop.</HI> not being from Divine po&s;itive laws, it is by the 1. <HI>Notion</HI> due by the law of Nature.</P>
<P><HI>It is proved</HI> lib. 3. cap. 11. <HI>that Subjection is natural; and therefore no</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>natural Subject can put him&s;elf out of the power of his Soveraign: And by con|&s;equence, this right of fir&s;t occupying or finding, by any Subject or Subjects, is the right of the Soveraign in who&s;e power &s;uch Subject or Subjects are; and &s;uch Subjects are the In&s;truments of occupying, or invention, by which this right does accrue to the Supreme Power.</HI></P>
<P N="10">10. <HI>Jus Gentium,</HI> is a right which every Nation hath to &s;end Am|ba&s;&s;adors <NOTE PLACE="marg"><HI>Jus gentium</HI> is from the law of nature.</NOTE> to mediate Peace with any other, although in publick ho&s;tility with them: And this right not being topical, but general, by the 3. <HI>Notion</HI> it is from the Law of Nature.</P>
<P N="11">11. The U&s;ufructuary right, which &s;eparated per&s;ons for Gods divine <NOTE PLACE="marg">The right which &s;epa|rated per&s;ons for the wor|&s;hip and &s;er|vice of God have to tythes is from the law of nature.</NOTE> wor&s;hip and &s;ervice have to Tythes, is not only general, and therefore by the 3. <HI>Notion,</HI> due by the Law of Nature: but al&s;o being due, and yet by no Humane Law; and being due as well where Gods po&s;itive In&s;titutions are not believed and received, as where they are; This right, by the 1. <HI>Not.</HI> is due from the Law of Nature; and by con&s;equence, the detaining of them by the Laity, is a violence upon the Law of Nature, for no Humane Law can di&s;pence with the Law of Nature.</P>
<P N="12">12. The right of Subjects is either an U&s;ufructuary right, or a right <NOTE PLACE="marg"><HI>Jus &s;ubdito|rum</HI> twofold, <HI>Proprietatis,</HI> or <HI>U&s;ufructu|arium,</HI> is from humane laws.</NOTE> of Propriety. <HI>Jus Proprietatis,</HI> is when any Subject, or company of Subjects have by &s;ome Law a right to any individual thing, excluding all other but him from whom this right is derived, <HI>viz.</HI> the Supreme Power of the place. An U&s;ufructuary right is, when any man or men have no right of Property to the thing, but only a right to the profits ari&s;ing from it; as a Par&s;on, Vicar, Judge, and Fellows of Colledges have no Property in the Par&s;onage or Vicarage-hou&s;e or glebes, Judges place, or Fellow&s;hips of Colledges. And the&s;e rights neither being due from any Law of Nature, nor any Divine po&s;itive Law, are by the 1. <HI>Notion,</HI> from the Temporal or Humane Laws of every Nation.</P>
<P N="13"><PB N="11" REF="69"> 13. <HI>Jura &s;anguinis, nullo jure civili dirimi po&s;sint.</HI> Nor is Primogeni|ture <NOTE PLACE="marg">The right of Primogeni|ture is due by the Law of Nature.</NOTE> only preferred, where Gods revelation of him&s;elf in the Scriptures are received, but where they are not received: Their right therefore of Primo|geniture is from the Law of Nature.</P>
<P N="14">14. It is true, that Divine Laws oblige all men alike; and &s;o Humane <NOTE PLACE="marg">No Divine or Humane laws give Right or Property to any man <HI>qu&agrave; homo,</HI> but <HI>qu&agrave; talis.</HI></NOTE> Laws oblige all Subjects alike: But the Right or Property created by Divine or Humane Laws, by the Definition, is in &s;ome man or men, ex|cluding all others but him or them from whom it is derived. Right or Property therefore being &s;uch a mans, excluding all others, it cannot be where it includes all men, either as Men, or Subjects. Thus the Legi&s;lative right is from the Law of Nature; but every man, as man, hath not this Lawgiving right. So <HI>Jus primi occupantis,</HI> is from the Law of Nature; but every man is not <HI>Primus occupans.</HI> And &s;o the right of Primogeniture; but every man is not Fir&s;t-born, <HI>&amp;c.</HI> And &s;o Gods divine Laws in the Scriptures oblige all men alike; but yet do not they give to all men alike the right of Preaching the Go&s;pel, Admini&s;tration of Sacraments, <HI>&amp;c.</HI> but only to &s;uch &s;eparated per&s;ons &s;o qualified. And &s;o Humane Laws oblige all Subjects alike; but they do not give Right or Property to all alike, but to one man, or more, excluding all other.</P>
<P N="15">15. That is Right or Property, which is &s;uch a mans, or mens, ex|cluding <NOTE PLACE="marg">How Com|munity, and Right or Pro|perty differ.</NOTE> others. That is Community, which is common to one man as much as another; as the Common Road, the Air, or Sea-water, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 N="2" TYPE="chapter">
<HEAD>CHAP. II. Of Laws.</HEAD>
<P N="1">1. AS in all Arts and Sciences there mu&s;t be &s;ome Axioms and Princi|ples, <NOTE PLACE="marg">Introduction.</NOTE> which mu&s;t prove tho&s;e Arts and Sciences; and the&s;e mu&s;t be fir&s;t granted, and be the rea&s;on of tho&s;e Arts and Sciences, and yet no rea&s;on can be given of them, before any man can deduce any thing from thence; for no mans Rea&s;on can work upon nothing: So in all ju&s;t and legal actions there mu&s;t always be &s;ome Law given, which is &s;uperior to the Agents rea&s;on, and the rea&s;on that &s;uch an act is ju&s;t or legal; and where there is no Law, there can neither be Ju&s;tice, nor tran&s;gre&s;&s;ion. It is not therefore the will or fancy of any Agent, that makes any action ju&s;t or legal; but the doing of it in conformity to the precept of him who by right commands, or permits it, which makes it ju&s;t and legal. <HI>Et oportet neminem</HI> <NOTE PLACE="marg">Regula.</NOTE> <HI>&s;apientiorem e&s;&s;e legibus.</HI> And if private mens wills, judgments, or rea&s;ons &s;hould be the rule of their actions, what one Subject is there of a thou&s;and, that would be content with that condition wherein the Law has placed him? It is not therefore what I, or another judge fit or de&s;ire, but the directing our actions in common to the rules and precepts of our Superiors, by which we may hope to enjoy peace and unity, and be before God, Angels and Men, truly accounted ju&s;t and virtuous.</P>
<P N="2">2. All Laws may be divided into Divine, Humane, Eccle&s;ia&s;tical, or <NOTE PLACE="marg">Divi&s;ion of Laws.</NOTE> De&s;potical.</P>
<P N="3"><PB N="12" REF="70"> 3. All Divine Laws are twofold, either Natural, engraven in the <NOTE PLACE="marg">Divine Laws how mani|fold.</NOTE> minds of all Mortal Men, whereby they are to wor&s;hip one God, and by all ju&s;t means to pre&s;erve peace with Men; or &s;upernatural, <HI>viz.</HI> extraordi|narily revealed by God in the Old and New Te&s;tament.</P>
<P N="4">4. All Divine Laws are created and derived from that divine and <NOTE PLACE="marg">From whence all Divine Laws are de|rived.</NOTE> eternal Right, which was in&s;eparably in God, before any &s;uch Laws were created by him.</P>
<P N="5">5. Humane Laws are threefold, <HI>viz.</HI> Secular, Temporal, or Civil, &s;uch are the Laws of every Country; or Gamacal, <HI>viz.</HI> the Laws of the <NOTE PLACE="marg">How mani|fold are Hu|mane Laws.</NOTE> Husband; or Paternal, <HI>viz.</HI> the Laws of Parents to their Children.</P>
<P N="6">6. All Humane Laws are derived from that Right or Power which <NOTE PLACE="marg">From whence derived.</NOTE> the Law of Nature creates, in &s;upream Powers, Husbands and Parents.</P>
<P N="7">7. They are called Humane Laws, becau&s;e they are made by Men, <NOTE PLACE="marg">Why called Humane Laws.</NOTE> who by the Law of Nature have a Right to make or create them.</P>
<P N="8">8. All Eccle&s;ia&s;tical Laws are derived from that Right or Power <NOTE PLACE="marg">From whence Eccle&s;ia&s;tical Laws are de|rived-</NOTE> which by divine po&s;itive in&s;titution, our Saviour Chri&s;t left to his Church to continue untill his &s;econd coming again.</P>
<P N="9">9. Eccle&s;ia&s;tical Laws are &s;o called, becau&s;e they only relate to the di&s;cipline of the Church, and wor&s;hip and &s;ervice of God. <NOTE PLACE="marg">Why &s;o called.</NOTE></P>
<P N="10">10. De&s;potical Laws are derived from the Right or Power, <NOTE PLACE="marg">De&s;potical Laws from whence deri|ved.</NOTE> which every Ma&s;ter of a Family hath over his Servants; which Right or Power is created by Secular or Temporal Laws of the place where the Family is.</P>
<P N="11">11. Two things mu&s;t nece&s;&s;arily precede every Law, or it hath no <NOTE PLACE="marg">What mu&s;t precede every Law.</NOTE> Obligation, <HI>viz.</HI> the Legi&s;lative Right, and the Declaration of it. So that <HI>Jus divinum</HI> is one thing, and <HI>Lex divina</HI> another; and <HI>Jus naturale</HI> is one thing, and <HI>Lex naturae</HI> another. And &s;o is <HI>Jus Humanum,</HI> and <HI>Lex Hu|mana;</HI> and <HI>Jus Eccle&s;ia&s;ticum,</HI> and <HI>Lex Eccle&s;ia&s;tica.</HI> And he that will con|found the&s;e things, cannot po&s;&s;ibly ever write clearly upon the &s;ubject.</P>
<P N="12">12. Humane and De&s;potical Laws are vindicative, or oblige to cor|poral <NOTE PLACE="marg">What Laws are vindica|tive.</NOTE> puni&s;hment in this world.</P>
<P N="13">13. Only Humane, Secular, Temporal, or Civil Laws are di&s;tribu|tive, and create property among Men in their E&s;tates. <NOTE PLACE="marg">What Laws are di&s;tribu|tive.</NOTE></P>
<P N="14">14. Neither Divine nor Eccle&s;ia&s;tical Laws are vindicative, but ob|lige in Con&s;cience only. <NOTE PLACE="marg">What Laws are neither di&s;tributive, nor vindica|tive.</NOTE></P>
<P N="15"><NOTE N="*" PLACE="marg">How Men come to be puni&s;hed Temporally, for not ob|&s;erving Eccle|&s;ia&s;tical Laws.</NOTE> 15. Although Eccle&s;ia&s;tical Laws (as we &s;hall prove in the next <HI>chap.)</HI> bind in Con&s;cience only, and therefore cannot impo&s;e any Corporal mulct or puni&s;hment, yet the Secular Laws do; as if a Man be excommunicated, he &s;hall have no advantage or relief in any plea by the Common Law; <NOTE N="a" PLACE="marg"><HI>Lit. vil. &s;ect.</HI> 201.</NOTE> and by the Common Statute Law who&s;o is adjudged an Heretick, or Bla&s;phemer, &s;hall be burnt; yet neither Common Law, nor Statute Law take cogni&s;ance of either Excommnication, Here&s;y, or Bla&s;phemy, before the Statute of the 2 <HI>H.</HI> 5. 7. <HI>In curia Chri&s;tianitatis, (id e&s;t Eccle&s;iae) in qua &s;ervantur leges Chri&s;ti, cum tamen in foro Regio &s;ervantur Leges mundi,</HI> &s;aies <HI>Linwood;</HI> who &s;aies moreover, <NOTE N="b" PLACE="marg">Com. Stat. de circum&s;pecte agatis.</NOTE> That the Probate of Wills and Te&s;ta|ments, <HI>de con&s;uetudine Angliae,</HI> not <HI>de jure communi,</HI> belong to the Court-Chri&s;tian. But whether <HI>Linwood</HI> &s;aies true or not, <HI>Hen.</HI> 8. began by the Statute Law to encroach upon the Rights of the Church, and by con|founding the juri&s;dictions both of Church and State, making him&s;elf head of both, has opened &s;uch a gap to let in all Schi&s;me and di&s;&s;ention, that the
<PB N="13" REF="70"> Common-Lawyers, and Statute-Laws have upon the matter devoured all Church-rites and power; nor are either the Common or Statute-Laws now in much more e&s;teem then the Eccle&s;ia&s;tical. Nor is it le&s;s then a Divine judgment upon tho&s;e men, who have &s;o extravagantly attributed both powers to be in the King, (Between <HI>Supreme Head,</HI> and <HI>Supreme Governor,</HI> I under&s;tand no difference; for if the Supreme Governor hath not &s;upreme power or right of command, then nece&s;&s;arily mu&s;t &s;uch a Governor be an U&s;urper, or unju&s;t Invader) in words only, but indeed in their practice have denied him the exerci&s;e of the one, or the other power, and a&s;cribed them both to them&s;elves, and Courts &s;ubordinate to the King; That the&s;e men (I &s;ay) &s;hould be them&s;elves, and all the Courts in as little e&s;teem as Eccle&s;ia&s;tical Rites and Con&s;titutions; and the King, God knows upon what account (for no colour of pretence was ever yet &s;o much as rea&s;onably pretended) violently re&s;trained from the exerci&s;e of any either Eccle&s;ia&s;tical or Civil power among us.</P>
<P><HI>Here do not I admit of Mr.</HI> Hobbs <HI>his divi&s;ion of Civil Laws into Sacred</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>and Secular: (Did ever man before hear of Sacred Civil Laws?)</HI> <Q>Sacred Laws are tho&s;e Civil Laws <HI>(he &s;ays)</HI> which belong to Religion, that is, <NOTE PLACE="marg"><HI>Cap.</HI> 14. <HI>art.</HI> 5.</NOTE> the Ceremonies and Service of God, and are called Eccle&s;ia&s;tical. Secular Laws are tho&s;e <HI>(he &s;ays)</HI> which are wont to be called Civil, by a general name.]</Q> <HI>For though Eccle&s;ia&s;tical Laws be made by Men, and therefore not Sacred, as he &s;ays; yet is the power by which they are made, from Divine po&s;itive in&s;titution, and therefore cannot have any right or power from Civil or Secular &s;anctions, which at highe&s;t cannot amount to more then Humane.</HI></P>
<P N="16">16. A Law differs from Coun&s;el, as my Under&s;tanding differs from <NOTE PLACE="marg">How a Law differs from Coun&s;el.</NOTE> my Will: my Will is that which imperates all my actions my Under|&s;tanding informs my Will, whether the doing or not not doing &s;uch an act be good or bad, ju&s;t or unju&s;t, rea&s;onable or unrea&s;onable. A Law is the declared will of him who by right commands: Coun&s;el, the rea&s;on, advice or di&s;cour&s;e of them, to whom he who by right commands, refers any thing to be debated, (who are u&s;ually called the Council) whether the willing or pa&s;&s;ing &s;uch a thing into a Law, will be probably convenient or incon|venient either to him or his Subjects.</P>
</DIV3>
<DIV3 N="3" TYPE="chapter">
<HEAD>CHAP. III. Of Virtue.</HEAD>
<P N="1">1. THat Virtue is not always placed in a mean between two extremes, <NOTE PLACE="marg"><HI>Introduction.</HI> Virtue is not fited always in a mean be|tween two extremes.</NOTE> and tho&s;e extremes to be Vices, according to the opinion of the antient Philo&s;ophers; I do &s;ub&s;cribe to Mr. <HI>Hobbs, cap.</HI> 3. <HI>art.</HI> 32. <HI>de Cive;</HI> And that from the rea&s;on he there gives, <HI>viz.</HI> that Fortitude in a good cau&s;e is a virtue, although it be in the extreme. Nor does quantity in giving, be it much, little, or indifferent, make Virtue, but the cau&s;e of giving. To the&s;e may be added Gratitude and Patience, Ju&s;tice and Obe|dience, which are not placed between any extremes. But if I a&s;&s;ent to Mr.
<PB N="14" REF="71"> <HI>Hobbs</HI> in this, I cannot le&s;s di&s;&s;ent from him, where <HI>cap.</HI> 3. he makes Virtues to be the Laws of Nature; and <HI>cap.</HI> 2. <HI>art.</HI> 1. the Law of Nature to be the Dictate of Right rea&s;on. For,</P>
<P N="2">2. Virtue is the doing or forbearing any action, as it is dictated by <NOTE PLACE="marg">What is Virtue.</NOTE> Right rea&s;on, from the Law of a Superior, or from &s;ome Notion known to an Intellectual creature.</P>
<P N="3">3. All Virtue is either Theological, Moral, Humane, Famili&s;tical, <NOTE PLACE="marg">How manifold is Virtue.</NOTE> Per&s;onal, or Prudential.</P>
<P N="4">4. Virtue being by the definition, the Dictate of Right rea&s;on from <NOTE PLACE="marg">From whence Theological virtue is de|rived.</NOTE> &s;ome &s;uperior cau&s;e or notion; Theological virtue is a Dictate of Right rea&s;on, from &s;ome revelation of God in the Scriptures, which otherwi&s;e had been impo&s;&s;ible for any man by the light of humane nature to have attained to. By Theological virtues I do not mean only tho&s;e three mo&s;t eminent virtues of Faith, Hope, and Charity, but all tho&s;e actions of obe|dience due to them who have over&s;ight of me in the Lord, as a Chri&s;tian; and to whom I owe my obedience not by any Law of Nature, but as com|manded by God in the Scriptures.</P>
<P N="5">5. Moral Virtues are tho&s;e Dictates of Right rea&s;on which flow from <NOTE PLACE="marg">What are Moral vir|tues, and from whence de|rived. What are Hu|mane virtues, and from whence cau&s;ed. What are Fa|mili&s;tical vir|tues. What are Per&s;onal virtues.</NOTE> that light of Nature, engraven in the minds of Men, for the con&s;ervation of peace and &s;ociety among Men, &s;o long as they live in this world.</P>
<P N="6">6. Humane Virtues are tho&s;e Dictates of Right rea&s;on, by which Subjects, Wives and Children, conform their actions to the Laws or Pre|cepts of Supreme powers, Husbands and Parents.</P>
<P N="7">7. Famili&s;tical Virtues, are tho&s;e actions of Servants done in confor|mity to the commands of the Ma&s;ters of Families.</P>
<P N="8">8. Per&s;onal Virtues, are tho&s;e actions (which are dictated to divers men from principles of innate good nature) of Temperance, Continency, Patience, Liberality and Frugality; who&s;e contrary extremes are vices and &s;ins.</P>
<P N="9">9. Prudential Virtues are not dictated from any Divine or Humane <NOTE PLACE="marg">What are Prudential virtues, and from whence derived.</NOTE> Laws; but from &s;ome Principles known to the under&s;tanding (which are more or le&s;s, as men are more or le&s;s intelligible) whereby &s;ome Princes govern more prudently then others, and &s;ome Ma&s;ters of families govern their &s;ervants more prudently then others. And the&s;e Virtues have not re|ference only to the government of Men, but to other actions; as Prudence in managing of an E&s;tate, is a Virtue; or in mens governing their actions, &s;o that they are e&s;teemed, and not de&s;pi&s;ed by other men, are Virtues: yet the&s;e actions are no where commanded, or forbidden by any Divine or Humane Laws. The&s;e Virtues are always placed in Empire, not in Obe|dience.</P>
<P N="10">10. God having made Man a rational creature, and endued him with <NOTE PLACE="marg">The <HI>ratio fi|nalis</HI> of all virtues, and how they dif|fer. Fir&s;t of Theological virtues.</NOTE> an immortal Soul, capable of eternal happine&s;s, hath revealed him&s;elf &s;u|pernaturally in the Scriptures to Men as rea&s;onable creatures; &s;o that they directing their actions conformable to his precepts therein contained, might by faith or believing on him hope for eternal happine&s;s.</P>
<P N="11">11. The end of all Moral Virtue is, that men may pre&s;erve peace and <NOTE PLACE="marg">The end of Morality.</NOTE> &s;ociety, &s;o long as they live in this world: And God hath made Man a &s;o|ciable creature, as well as intellectual and rational; and therefore hath en|graven the&s;e eternal and immutable Laws of Nature in the minds of all mortal men, that by conforming their actions thereunto, they might pre|&s;erve
<PB N="15" REF="71"> peace and &s;ociety with men. And though the&s;e of them&s;elves are not &s;ufficient to pully man up to eternal happine&s;s; yet let no man hope, that de&s;pi&s;ing the&s;e Laws of the great God of Nature, upon a pretended Faith he &s;hall ever attain it.</P>
<P N="12">12. But becau&s;e the Law of Nature does oftentimes command <HI>in The&s;i</HI> <NOTE PLACE="marg">The end of humane virtue.</NOTE> only, and Humane Laws <HI>ex Hypothe&s;i:</HI> as, <HI>Thou &s;halt not &s;teal, and &s;halt give every man his due,</HI> is from the Law of Nature; but that this thing is mine, and that thing another mans, is by po&s;itive Humane laws. So though Moral virtues be always the &s;ame, yet Humane virtues differ, accordingly as Laws in divers places are different. Thus it is a Moral virtue in Wives and Children, to honor and obey their Husbands and Parents; but as a Humane virtue, the doing of &s;uch a thing may be Virtue at one time, and Vice at another, as it is commanded or forbidden by the Husband or Parents. So that Humane virtues in Subjects, Wives and Children, are nece&s;&s;ary to the con&s;ervation of &s;ociety, where the laws or principles of &s;uch actions are not plainly repugnant to Divine laws.</P>
<P N="13">13. The end of all Famili&s;tical virtue is, that Servants by all ju&s;t and <NOTE PLACE="marg">The end of Famili&s;tical virtues.</NOTE> lawful means intend the good of their Ma&s;ters, and make no di&s;&s;entions or di&s;contents in their Families.</P>
<P N="14">14. God having made man after his own image, as well in body as in <NOTE PLACE="marg">The end of Per&s;onal virtues.</NOTE> &s;oul; (for, <HI>He that &s;heds mans blood, by man &s;hall his blood be &s;hed, for in the image of God made he man:)</HI> It is not therefore to be expected that any man &s;hould, without &s;in again&s;t God, abu&s;e the highe&s;t and noble&s;t part of Gods creation. All men therefore, in the fir&s;t place, ought by all ju&s;t and lawful means to do well to them&s;elves, and not by any exce&s;s or intemperance to abu&s;e that body which God hath made in his own image.</P>
<P N="15">15. Theological virtues relate to the attaining of Eternal happine&s;s: <NOTE PLACE="marg">The difference between The|ological, Mo|ral, Humane, Famili&s;tical, and Per&s;onal virtues.</NOTE> Moral, Humane, and Famili&s;tical, to the con&s;ervation of &s;ociety and peace in their &s;everal places: Per&s;onal virtues, to the pre&s;ervation of that body which God hath entru&s;ted every man with keeping &s;o long as he lives. We have &s;poken of the end and difference of Prudential virtues, <HI>Parag.</HI> 9.</P>
<P N="16">16. In all prudent and profitable actions, <HI>Prudentis e&s;t fortunam &s;emper</HI> <NOTE PLACE="marg">Whether ju&s;t and moral actions or virtues are to be enquired into by for|tune, as are Prudential?</NOTE> <HI>in concilio adhibere:</HI> But that man who directs his ju&s;t and moral actions to Fortune, or the time and tide of mens affections, &s;hall &s;oon be accounted a Weathercock and Time-&s;erver. In all prudent actions or virtues, there is no other obligation or penalty, more then the reward or profit of the action, and lo&s;s for the folly of imprudent actions: But in ju&s;t and moral actions, men mu&s;t con&s;ider their duties, not profit; and are obliged to them, notwith&s;tanding temporal lo&s;s or trouble.</P>
</DIV3>
<DIV3 N="4" TYPE="chapter">
<PB N="16" REF="72">
<HEAD>CHAP. IV. Of Particular Moral Virtues.</HEAD>
<P N="1">1. SInce that the Law of Nature is, That there is one God infinitely <NOTE PLACE="marg">Religion is the fir&s;t and chief of Moral Virtues.</NOTE> good to be wor&s;hipped and &s;erved, and that all men &s;hould in their &s;everal &s;tations endeavor by all ju&s;t and lawful means to pre&s;erve Peace and Society in this World; Then is Religion or the Pub|lick Wor&s;hip and Service of a Deity the fir&s;t and chief of all Moral Vir|tues; and &s;o con&s;picuous was this Virtue in all ages and places to good men, by the Light of Nature onely, that it was always their fir&s;t care to be in a Society of Men where God (however mi&s;placed in an <HI>Oak, O&s;iris, Iris, Ju|piter, Apollo, &amp;c.)</HI> was publickly wor&s;hipped and &s;erved. And men who were of no Religion, were always &s;tigmati&s;ed with the mo&s;t opprobrious name of Athei&s;ts, as the mo&s;t vile of Men. <NOTE N="*" PLACE="marg"><HI>Flaminem a&s;&s;iduum Jovi Sacerdotalem creavit.</HI> Liv. lib. 1.</NOTE> <HI>Numa Pompilius</HI> therefore in the fir&s;t place took care for the in&s;titution of a Religion among the <HI>Romans,</HI> and to this end he created a Prie&s;t who &s;hould daily offer Sacrifice to <HI>Jupiter.</HI> And &s;o zealous were the <NOTE N="*" PLACE="marg">Selden: An|nal: Angl. lib. 1. c 4. Cae&s;ar de Bell. Gal. lib. 6. Gamb. Brit. p. 12.</NOTE> <HI>Druides</HI> (in the old age of our Ance&s;tors, before Chri&s;tianity was planted among us) in their Religion or Publick Forms of Wor&s;hipping of God, that none but the Prie&s;ts and Schollars might learn them; nor would they commit them to Letters, both becau&s;e they would not have them divulged, lea&s;t they &s;hould grow contemptible by being ex|po&s;ed to the view of the rude and ignorant multitude; as al&s;o that their Schollars might the better retain them in their memory. <NOTE N="*" PLACE="marg">Nicias Orat. Thucid. lib. 7.</NOTE> <HI>Nicias</HI> as the chief Argument of his ju&s;tification, and hope of belief from the gods in his greate&s;t adver&s;ity, &s;ays, <GAP DESC="foreign">, I have wor&s;hipped the gods frequently according to Law. And heretofore in the Church of <HI>England,</HI> &s;et Forms of Prayers were not onely ordained, that her &s;ons of her Religion, might meet at publick times to wor&s;hip and &s;erve God, but the Mini&s;ter or Prie&s;t was obliged every day to offer up the publick wor&s;hip and &s;ervice of God, whether there were any pre&s;ent but him&s;elf, or not, for all &s;orts of men in their &s;everal vocations and &s;tations: That as the fire upon the Altar among the Jews might never go out, &s;o among us Chri&s;tians might no day pa&s;s, wherein the Publick Service of God was not offered up for all &s;orts of men.</P>
<P N="2">2. That Men honor and obey their Superiors, Subjects their Sove|raigns, Children their Parents, Servants their Ma&s;ters.</P>
<P N="3">3. That Men be not Tale-bearers or Back-biters, but avoid evil com|munication.</P>
<P N="4">4. That Men do not make advantage of anothers weakne&s;s to his damage.</P>
<P N="5">5. That Man in all things keep his Integrity; that is, not to an&s;wer &s;o <NOTE PLACE="marg">Integrity.</NOTE> to another, as to deceive him by equivocation or mental re&s;ervation; if it does not appear, that there is evil intent in the que&s;tion.</P>
<P N="6">6. That Men perform their promi&s;e made, although it be to their hin|derance. <NOTE PLACE="marg">Promi&s;e.</NOTE></P>
<P N="7"><PB N="17" REF="72"> 7. That Men bear a grateful minde for benefits received, that is, that <NOTE PLACE="marg">Gratitude.</NOTE> they do not &s;uffer him from whom they receive a benefit, to be in a wor&s;e condition then he was before he conferred it: And if they have not in their power wherewith to &s;atisfie, yet that they bear it &s;o in their mindes, as to be ready to &s;atisfie to their power. Some Creatures who are not endued with Rea&s;on, do imitate this Virtue; the <HI>Storks</HI> when their Parents are <HI>viete</HI> and broken with age, do relieve them by feeding and providing for them; wherefore the <HI>Greeks</HI> called the <HI>Stork</HI> <GAP DESC="foreign">, <HI>Beneficiorum re|tributorem.</HI> See <HI>Grotius</HI> Annotations upon his Preface <HI>De Jure Belli &amp; Pac.</HI></P>
<P N="8">8. That men do well to their Wives, Children, and others, as by na|ture and affinity allied unto them.</P>
<P N="9">9. That men be merciful; wherein men ought not &s;o much to ob&s;erve the <HI>quantum,</HI> as the cau&s;e of &s;hewing mercy or pitty.</P>
<P N="10">10. That in revenge men do not re&s;pect the evil pa&s;t, but minde the future good which may happen from the puni&s;hment.</P>
<P N="11">11. That they neither by deeds, words, or countenance, u&s;e another contumeliou&s;ly.</P>
<P N="12">12. That they be not high-minded or over-conceited of their birth, per&s;on, or parts.</P>
<P N="13">13. That they be lowly minded and mode&s;t.</P>
<P N="14">14. Not to accept or re&s;pect per&s;ons in judgment.</P>
<P N="15">15. Where no Law gives propriety, there ought community to be.</P>
<P N="16">16. Tho&s;e things which can neither be divided or u&s;ed in common, that the deci&s;ion be by lot.</P>
<P N="17">17. That the fir&s;t-born be preferred, and the Male before the Female.</P>
<P N="18">18. <NOTE N="*" PLACE="marg">That no man endea|vor, <HI>&amp;c.</HI> For that which is any mans by Divine In&s;titu|tion, cannot be aliened neither by his will nor the will of all the men in the world; and therefore can|not Epi&s;copa|cy or Prie&s;t|hood after Con&s;ecration and Impo&s;iti|on of hands be transfer|red, becau&s;e they are by Divine In&s;ti|tution: Yet what&s;oever Bi&s;hop or Prie&s;t &s;hall en|deavor for re|ward or price to alien it, or deny it for &s;afety of his life, may as well be e|&s;teemed a pro|phane per&s;on as <HI>E&s;au</HI> was.</NOTE> That no man endeavor to transfer or alien, by Pact or Promi&s;e, that right which God by the Law of Nature or Divine In&s;titution hath given him.</P>
<P N="19">19. That Protection be granted to Amba&s;&s;adors and Mediators of Peace.</P>
<P N="20">20. That no man &s;eek private Revenge for any &s;uppo&s;ed Injury.</P>
<P N="21">21. That Judgment be pronounced without hope of reward, or for ap|plau&s;e of men.</P>
<P N="22">22. That where Evidence of Fact does not clearly appear, that they take information from Witne&s;&s;es.</P>
<P N="23">23. That the Judge be indifferent, not bya&s;&s;ed to either party, either by Natural relations, or by any precedent Obligation.</P>
<P N="24">24. The&s;e Moral Virtues are commanded by the Moral Law, and are mo&s;t truly and properly &s;o, as they are revealed and declared to mankinde by God in the holy Scriptures: For the Will of God commanding in the Scri|ptures (that is, in the Old and New Te&s;tament) is in all things by highe&s;t right to be obeyed and followed. And becau&s;e God hath created man with an immortal and eternal Soul, and does not will the death, that is, the eter|nal death of a &s;inner; he offers every man grace (who does not refu&s;e it by preferring &s;ome other things) to lay hold of tho&s;e means which he hath re|vealed in them, for the obtaining of his eternal happine&s;s.</P>
<P N="25">25. But becau&s;e a man cannot well bear all the&s;e Virtues in his minde, <NOTE PLACE="marg">The &s;um or cau&s;e of all Moral Virtues contained in the Second Table.</NOTE> in every action which a man intends, if he would know whether it be again&s;t the Law of Nature or not: Let him &s;uppo&s;e him&s;elf in place of him with whom he intends this action, and if he be not willing that this thing &s;hould be done to him, let him not do it to another, for upon this &s;hort and ea&s;ie rule, <HI>What&s;oever ye would that men &s;hould do unto you, do ye even &s;o unto them, depends all the Law and the Prophets.</HI> Matth. 7. 12.</P>
</DIV3>
<DIV3 N="5" TYPE="chapter">
<PB N="18" REF="73">
<HEAD>CHAP. V. Moral Virtues are commanded by God in the holy Scripture.</HEAD>
<P N="1">1. THe Lord &s;aid, Speak unto <HI>Aaron</HI> and unto his &s;ons, &s;aying, On this wi&s;e <NOTE PLACE="marg">Religion or the wor&s;hip|ing of God in a Publick &s;et form, was in|&s;tituted by God under the old and new Te&s;ta|ment.</NOTE> &s;hall ye ble&s;s the children of I&s;rael, &s;aying unto them, The Lord ble&s;s thee, and keep thee: The Lord make his face &s;hine upon thee, and be gracious unto thee; The Lord lift up his countenance upon thee, and give thee peace. And they &s;hall put my name upon the children of I&s;rael, and I will ble&s;s them, Numb. 6. 22, 23, 24. <HI>&amp;c.</HI> and on this manner pray ye: our Father which art in Heaven &amp;c. Math. 6. 9. &amp;c. <HI>And the Apo&s;tle,</HI> 2 Tim. <HI>exhorts that</HI> Fir&s;t of all prayers and &s;upplications <HI>(becau&s;e there can be no Religion with|out it)</HI> be made for all Men, e&s;pecially for Kings, &amp;c. <HI>And that the end of it is Religion, or the uniting or binding Men to a publick and formal wor&s;hip of God, is plain by the Apo&s;tle him&s;elf. Where he &s;aies,</HI> That men may with one mind and one mouth glorify God. Rom. 6. 15.</P>
<P N="2">2. I council thee to keep the kings commandment, and that in regard of the <NOTE PLACE="marg">That men ho|nor and obey their &s;uperi|ors.</NOTE> oath of God. Eccle&s;. 8. 2. Feare God, Honor the King, 1 Pet, 2, 17. The feare of a King is as the roaring of a Lyon, and who &s;o provoketh him &s;ins again&s;t his own &s;oule. Prov. 20. 2. Honor thy Father and thy Mother, Exod. 20. 12. He that cur&s;eth Father or Mother &s;hall &s;urely be put to death, Exod. 21. 15. Servants be obedient to them that are your Ma&s;ters, Ephe&s;. 6. 5. Let as many &s;ervants as are under the yoake, count their ma&s;ters worthy of all honor.</P>
<P N="3">3. Speak not evil of another, hee that &s;peaketh evil of his brother, and <NOTE PLACE="marg">That men be not Tale|bearers.</NOTE> judgeth his brother, &s;peaketh evil of the law, and judgeth the law: Ja. 4. 11. Let no corrupt communication proceed out of your mouth, but that which is good, Ephe&s;. 4. 29. The words of a talebearer are as wounds, and they go down into the innermo&s;t parts of the belly. Prov. 18. 8. VVhen <HI>David</HI> asketh the Lord the que&s;tion, Who &s;hall abide in his Taberuacle. P&s;al. 15. 1. <HI>He an&s;wereth</HI> ver. 3. He that backbiteth not with his tongue, nor doth evil to his neighbour, nor taketh up a reproach again&s;t his neighbour.</P>
<P N="4">4, Oppre&s;s not the widdow nor the fatherle&s;s, the &s;tranger nor the poor. <NOTE PLACE="marg">Not to de|fraud.</NOTE> Zach. 7. 10.</P>
<P N="5">5. Lord who &s;hall dwell in thy Tabernacle? who &s;hall dwell in the holy <NOTE PLACE="marg">Integrity.</NOTE> hill? He that walketh uprightly, and worketh righteou&s;ne&s;s, and &s;peaketh the truth from his heart, P&s;al. 15, 1, 2. He that walketh righteou&s;ly and &s;peaketh uprightly &amp;c. &s;hall dwell on high. J&s;a. 33. 15, 16.</P>
<P N="6">6. That which is gone out of thy lips thou &s;halt keep and performe. Deut. <NOTE PLACE="marg">To keep Pro|mi&s;e.</NOTE> 23. 23.</P>
<P N="7">7. Withhold not good from whom it is due, when it is in the power of thy <NOTE PLACE="marg">Gratitude.</NOTE> hand to do it. Prov. 3. 27. And what can man give back again to God, for all the benefits he hath done for him. P&s;al. 116. 11.</P>
<P N="8">8. Fathers provoke not your children to wrath, but bring them up in the <NOTE PLACE="marg">To do well to them.</NOTE> nurture and admonition of the Lord. Ephe&s;. 6. 4. Husbands love your wives, even as Chri&s;t loved the Church, and gave him&s;elf for it. Ephe&s;. 5. 25.</P>
<P N="9"><PB N="19" REF="73"> 9. Who&s;oever &s;hall give you a cup of cold water to drink in my name, be|cau&s;e <NOTE PLACE="marg">Mercy.</NOTE> ye belong to Chri&s;t; verily I &s;ay unto you, he &s;hall not lo&s;e his reward. Mark 9. 41. Ble&s;&s;ed are the merciful, for they &s;hall obtain mercy, St, Matth. 5. 7.</P>
<P N="10">10. Thou &s;halt not avenge, nor beare any grudge against the children of <NOTE PLACE="marg">Revenge.</NOTE> thy people. Levit. 29. 18.</P>
<P N="11">11. I &s;ay unto you, who&s;oever is angry with his brother without cau&s;e, &s;hall <NOTE PLACE="marg">Contumacy.</NOTE> be in danger of judgment, and who&s;oever &s;hall &s;ay unto his brother <HI>Racha,</HI> &s;hall be in danger of the councel; but who&s;oever &s;hall &s;ay unto his brother <HI>thou fool,</HI> &s;hall be in danger of hell fire, <HI>Matth.</HI> 5. 19, He that uttereth a &s;lander is a fool, Pro. 10. 18. A &s;oft an&s;wer turneth away wrath, Prov, 14. 21.</P>
<P N="12">12. Every one that is proud in heart, is an abomination to the Lord. Pro. <NOTE PLACE="marg">Pride.</NOTE> 16, 5. There be &s;ix things which the Lord doth hate, yea, &s;eaven are an abomi|nation unto him, a proud look, &amp;c. Pro. 6. 16, 17.</P>
<P N="13">13. Ble&s;&s;ed are the poore in &s;pirit: for theirs is the kingdom of heaven. <NOTE PLACE="marg">Mode&s;ty.</NOTE> Math. 5. 3. With the lowly there is wi&s;dom. Pro. 11. 2. Thou &s;halt love thy neighbour as thy &s;elf. Levit. 19. 18, Who&s;oever will be great among you, let him be your mini&s;ter, and who&s;oever will be chief among you, let him be your &s;ervant, even as the &s;onne of man came not to be mini&s;tred to, but to mini&s;ter and give his life a ran&s;ome for many. Matth. 20. 26, 27, 28.</P>
<P N="14">14. Of a truth I perceive that God is no accepter of per&s;ons. Act. 10. 34. <NOTE PLACE="marg">Not accepting of per&s;ons.</NOTE> There is no iniquity with God nor acception of per&s;ons. Chro. 19.</P>
<P N="15">15. Common waies, acce&s;sion to Maritime places. St. <HI>Augu&s;t.</HI> lib. 4. quest. <NOTE PLACE="marg">What things ought to be common.</NOTE> 44. upon the book of Numb. affirms, The Children of <HI>I&s;arael</HI> had ju&s;t cau&s;e of war again&s;t the <HI>Edomites,</HI> Numb. 20. 18. becau&s;e <HI>Edom</HI> would not let them pa&s;&s;e by the kings highway.</P>
<P N="16">16. And they gave forth their lots, and the lot fell upon <HI>Matthias,</HI> and he <NOTE PLACE="marg">Deci&s;ion by Lot.</NOTE> was numbred among the Apo&s;tles. Acts. 1. 26. The lot is ca&s;t into the lap, but the whole di&s;po&s;ing is of the Lord. Prov. 16. 33.</P>
<P N="17">17. This is &s;o evident, as where&s;oever God did not interpo&s;e, in holy writ <NOTE PLACE="marg">Primogeniture.</NOTE> the fir&s;t borne male was alwaies preferred. And from the authority of the Apo&s;tle. 1. Tim. 2. 23. <HI>Adam</HI> was fir&s;t formed, then <HI>Eve;</HI> wherefore <HI>Adam</HI> had the do|minion. <HI>&amp; jura &s;anguinis nullo jure civili dirimi po&s;&s;int.</HI></P>
<P N="18">18. God pronounced <HI>E&s;au</HI> a de&s;pi&s;er of his birthright. Gen. 25. 34. Be|cau&s;e <NOTE PLACE="marg">Not endeavor to alien what they claim by divine Law.</NOTE> he to &s;ave his life, &s;old his birthright; and Hebr. 12. 16. a prophane per&s;on.</P>
<P N="19">19. <HI>David</HI> had a ju&s;t cau&s;e of war again&s;t <HI>Hanum</HI> for his evil intreat|ing <NOTE PLACE="marg">Protection to Emba&s;&s;adors.</NOTE> of his Emba&s;&s;adors. 1. Sam. c. 10.</P>
<P N="20">20. Revenge is mine, I will repay it &s;aies the Lord. Ro. 12. 29. <NOTE PLACE="marg">Revenge.</NOTE></P>
<P N="21">21. And thou &s;halt take no gift: for the gift blindeth the wi&s;e, and per|verteth <NOTE PLACE="marg">No reward for judge|ment.</NOTE> the words of the righteous. Exod. 23. 8.</P>
<P N="22">22. At the mouth of two witne&s;&s;es or three witne&s;&s;es, &s;hall he that is worthy <NOTE PLACE="marg">Witne&s;&s;es.</NOTE> of death be put to death. Deut. 17. 6. But if he will not heare thee, then take with thee one or two more, that in the mouth of two or three witne&s;&s;es every word may be e&s;tabli&s;hed. Matth. 18. 16.</P>
<P N="23">23. Thou &s;halt not wre&s;t judgement, thou &s;halt not re&s;pect per&s;ons, neither <NOTE PLACE="marg">Indifferent Judges.</NOTE> take a gift. Deut. 16. 19.</P>
<P N="24">24. It is ea&s;ier for heaven and earth to pa&s;s, then one title of the law to faile. <NOTE PLACE="marg">Divine Laws are immuta|ble, unle&s;s by God him&s;elf.</NOTE> Luke 16. 17. Thy word is true from the beginning, and every of thy judgments endureth for ever. P&s;. 119. 160. Yet God may alter his judgements when he plea&s;es, as Gods judgement pronounced again&s;t <HI>Nineveh,</HI> Yet within forty daies
<PB N="20" REF="74"> and <HI>Nineveh</HI> &s;hall be de&s;troyed. Jon. 3. 4. was changed by God, cap. 4. 11. It was accounted <HI>Abrahams</HI> faith, St. James 2. 23. That he would have offered up <HI>I&s;aac,</HI> though by the law of nature <HI>Abraham</HI> &s;hould have pre&s;erved his &s;onne; and &s;o God cea&s;ed the motion of the Sun and Moon upon <HI>Jo&s;hua's</HI> prayer, Jo&s;. 10. 12. And cau&s;ed the &s;ame to go retrogade ten degrees upon the prayer of <HI>He|zekias</HI> and <HI>I&s;aiah,</HI> 2 Kings 20. 11. <HI>It is true, that nothing le&s;s then that power which made a Law, can alter it; the Laws therefore of God whether po&s;itive or natural, have an eternal and immutable obligation upon all the men in the world; but what&s;oever power may make a Law, that power may alter it: Divine Laws therefore whether po&s;itive or natural cannot have any obligation upon God, but he may alter them when he plea&s;es.</HI></P>
</DIV3>
<DIV3 N="6" TYPE="chapter">
<HEAD>CHAP. VI. The Obligation of Divine and Humane Laws upon the Con&s;ciences and Per&s;ons of Men.</HEAD>
<P N="1">1. COn&s;cience comes of <HI>con</HI> and <HI>&s;cio,</HI> to know together with rea&s;on, <NOTE PLACE="marg">Con&s;cience.</NOTE> or &s;ome law. <HI>Con&s;cientia e&s;t animi quaedam ratio &amp; lex, qu&acirc; de recte factis, &amp; &s;ecus admonemur:</HI> Con&s;cience is a certain rea&s;on or law of the Mind, whereby we are well or ill advi&s;ed of our deeds. The laws therefore of Man may not only be violated by doing contrary to them, but by con&s;enting to them: As he which does contrary to that he thinks, though the doing of the thing be ju&s;t, yet 'tis unju&s;tly done by him; for, <HI>what&s;oever is not of faith, is &s;in,</HI> Rom. 14. 23.</P>
<P N="2">2. The affirmative precepts of God, they do <HI>&s;emper obligare,</HI> yet they <NOTE PLACE="marg">The obligati|on of the laws of God.</NOTE> do not oblige <HI>ad &s;emper:</HI> As when he commands us to <HI>pray continually,</HI> it is not to be expected a man &s;hould be always in the act of prayer; but &s;o to live, as he does nothing which may indi&s;po&s;e him from praying. But Gods negative precepts do not only always oblige, but oblige <HI>ad &s;emper</HI> too; for there is no time at all wherein it is lawful for a man to <HI>kill,</HI> to <HI>&s;teal,</HI> to <HI>commit adultery,</HI> &amp;c. <HI>Deut.</HI> 5. 17, 18, 19, 20, 21. negative in all in&s;tances.</P>
<P N="3">3. Eccle&s;ia&s;tical laws do oblige in Con&s;cience. <HI>If thy brother &s;hall neglect</HI> <NOTE PLACE="marg">Eccle&s;ia&s;tical laws oblige in con&s;cience.</NOTE> <HI>to hear thee, tell it to the Church; but if he neglect to hear the Church, let him be to thee as a heathen man or Publican,</HI> Mat. 18. 17. <HI>And the Scribes and Phari&s;es &s;it in Mo&s;es chair; all therefore what&s;oever they bid you, ob&s;erve and do; but do not after their works, for they &s;ay and do not,</HI> Mat. 23. 2, 3. If then by the law of our Saviour, the Jews were to ob&s;erve and do what&s;o|ever the Scribes and Phari&s;es commanded them, becau&s;e they &s;ate in <HI>Mo&s;es</HI> &s;eat; &s;ure with as much, or much more rea&s;on ought Chri&s;tians to ob&s;erve and do what&s;oever the Church, which our Saviour Chri&s;t him&s;elf hath planted, doth command them.</P>
<P N="4">4. <HI>My kingdom is not of this world,</HI> Joh. 18. 36. <HI>God &s;ent not his Son</HI> <NOTE PLACE="marg">In con&s;cience only.</NOTE> <HI>into the world to judge the world, but that by him he might &s;ave the world,</HI> Joh. 3. 17. And, <HI>O man, who has made me a Judge or divider among&s;t you?</HI>
<PB N="21" REF="74"> If then our Saviours kingdom were not of this world; if God &s;ent not his Son to judge the world, and if our Saviour were not a Judge among men; then cannot the Church of Chri&s;t have any power from Chri&s;t in the kingdoms of the world, nor to judge the world, nor to be a Judge or divider among men.</P>
<P N="5">5. Eccle&s;ia&s;tical laws, according to the u&s;age and cu&s;tom of <HI>England,</HI> <NOTE PLACE="marg">To what things Eccle|&s;ia&s;tical laws have refe|rence.</NOTE> relate to Bla&s;phemy, Apo&s;tacie from Chri&s;tianity, Here&s;ies, Schi&s;ms, Holy Orders, Admi&s;&s;ions, In&s;titution of Clerks, Celebration of Divine Service, Rights of Matrimony, Divorces, general Ba&s;tardy, Subtraction, and Right of Tythes, Oblations, Obventions, Dilapidations, Excommunication, Reparation of Churches, Probate of Te&s;taments, Admini&s;trations and Accounts upon the &s;ame, Simony, Ince&s;ts, Fornications, Adulteries, Sol|licitation of Cha&s;tity, Pen&s;ions, Procurations, Appeals in Eccle&s;ia&s;tical ca&s;es, Commutation of Penance, which are determined by Eccle&s;ia&s;tical Judges.</P>
<P N="6">6. So that there is a mixt Conu&s;ance in the Eccle&s;ia&s;tical Judicature, <NOTE PLACE="marg">All things de|terminable by Eccle&s;ia&s;tical Judges, are not meerly &s;piritual.</NOTE> <HI>viz.</HI> of things meerly Spiritual, by which they are impowered to judge and take conu&s;ance of, and that by no humane power, but only as they are impowered and &s;ent by our Saviour, and are only his Mini&s;ters, <HI>viz.</HI> the taking conu&s;ance of Bla&s;phemy, Excommunication, Here&s;ie, Holy Orders, Celebration of Divine Service, &amp;c. And this Gho&s;tly power the Church and Eccle&s;ia&s;tical per&s;ons had, before ever Temporal powers received the Go&s;pel of Chri&s;t, or were converted to Chri&s;tianity. And al&s;o after it plea&s;ed God that Nations and Kingdoms were converted to Chri&s;tianity, and that Kings did become nur&s;ing fathers, and Queens nur&s;ing mothers <NOTE PLACE="marg"><HI>I&s;a.</HI> 49. 23.</NOTE> to Gods Church; then did Kings cheri&s;h and defend Gods Church, and endued it with many Priviledges and Immunities, which ere while was per&s;ecuted by them, or other Powers; but yet could not the&s;e Immunities or Priviledges dive&s;t them of that Gho&s;tly power which our Saviour by divine in&s;titution gave his Church. It is true, no que&s;tion but that origi|nally not only all Bi&s;hopricks, and their bounds, and the divi&s;ion of all Pari&s;hes, and the conu&s;ance the Church hath of Tythes, of Probate of Wills, of granting of Letters of Admini&s;tration, and Accounts upon the &s;ame, the right of In&s;titution and Induction, and the erection of all Eccle|&s;ia&s;tical Courts, &amp;c. were all originally of the Kings foundation and do|nation; and that to him only, by all divine and humane laws, belongs the care and pre&s;ervation of all his Subjects, none excepted, in all cau&s;es: And therefore not only all tho&s;e things which relate to the extern peace and quiet of the Church, although exerci&s;ed by Eccle&s;ia&s;tical per&s;ons, but all tho&s;e priviledges and immunities which the Church or Churchmen have in a Church planted, which the Primitive Chri&s;tians and Apo&s;tles had not, in the per&s;ecution of the Church when planting, are originally Grants of Kings and Supreme Powers, and &s;o Temporal or Secular Laws; but in regard they accidentally have reference to the Church, and are exerci&s;ed by Eccle&s;ia&s;tical per&s;ons, they are not improperly called the Kings Eccle|&s;ia&s;tical Laws. And &s;ure either ignorance of this, or faction, hath made men run into two contrary extremes: one, That Kings have no right to their Crowns, but <HI>in ordine ad bonum &s;pirituale,</HI> and &s;o cannot be Kings: or, That all power and juri&s;diction in all cau&s;es is from the King; and &s;o cannot there be any &s;uch thing as Chri&s;tian faith, Religion, or any Gho&s;tly
<PB N="22" REF="75"> power left by our Saviour with his Church, to continue to the end of the world; which every Chri&s;tian man <HI>de fide</HI> ought to believe, and &s;ubmit to, before any Temporal Law or Power in the world.</P>
<P><LABEL>Object.</LABEL> <HI>But beeau&s;e Eccle&s;ia&s;tical laws have not infallibility affixed to them, if they command any thing repugnant to Divine laws, do they then oblige?</HI></P>
<P><LABEL>An&s;wer.</LABEL> No, for God ought to be obeyed before Man; nay if any man in his con&s;cience believes that they do repugn Gods law (whereas they do not) in that thing he ought not to &s;ubmit to them. But let that man have a care that he have not the &s;pirit of pride in him, which he pretends to be Con&s;ci|ence; for an evil Con&s;cience &s;hall never ju&s;tifie any man for his di&s;obedi|ence; nor &s;hall ever any mans hating of Idols, excu&s;e his committing of Sacrilege. And let no man hope that his fancying &s;ome errors in a Church, does give him a liberty of putting him&s;elf out of the communion and &s;o|ciety of the Church, and &s;etting up of him&s;elf in &s;tead of it. No Chri&s;tian man can hope for &s;alvation, but as he is a Member of Chri&s;ts Church; nor ought any Chri&s;tian man to hope, that any Heathen man can be &s;aved in the ordinary way of &s;alvation; <HI>For there is no name under heaven by which a man can be &s;aved, but only by the name of Je&s;us:</HI> And, <HI>He that obeys not the Church, is to be accounted as a Heathen man,</HI> S. Mat. 18. 17.</P>
<P N="7">7. Temporal or Secular laws oblige not only in Con&s;cience, but al&s;o <NOTE PLACE="marg">The obligati|on of tempo|ral Laws.</NOTE> to temporal puni&s;hments. That they inflict temporal puni&s;hments, is evi|dent every where in the world, as well for &s;piritual, as temporal crimes. Thus did <HI>Phineas</HI> turn away Gods wrath from the children of I&s;rael, <HI>Numb.</HI> 25. 11. So did <HI>Jo&s;huah</HI> for <HI>Achans</HI> &s;acrilege, (that is, &s;tealing or converting to common or prophane u&s;es, what is dedicated and offered up to God) attone and pacify Gods wrath by &s;toning <HI>Achan</HI> to death. <HI>Jo&s;.</HI> 7. So did <HI>Solomon</HI> put <HI>Shimei</HI> to death by <HI>Davids</HI> will, becau&s;e he cur&s;ed Gods Anointed and his Soveraign, which was a &s;piritual crime. And God com|mands the temporal powers not to &s;uffer a Witch to live, and Witch-craft is a &s;piritual crime. And that temporal laws do oblige a&s;well in con&s;cience, as inflict corporal pecumary mulcts, is evident <HI>Rom.</HI> 13. 5. <HI>Wherefore ye mu&s;t needs be &s;ubject not only for wrath, but al&s;o for con&s;cience &s;ake.</HI> And the &s;ub|jection that the Apo&s;tle there &s;peaks of, is to temporal powers.</P>
<P><LABEL>Object.</LABEL> <HI>But God has ordained temporal powers for the pre&s;ervation of peace; what if they command things which do not conduce to the pre&s;ervation of peace among men, ought they to be obeyed by them who are in &s;ubjection to them, or not?</HI></P>
<P><LABEL>An&s;w.</LABEL> I an&s;wer, The que&s;tion is ab&s;urd, for the temporal commands or laws cannot hinder peace among men, but the di&s;obedience to them is that which hinders peace among men. Charity is the chiefect Theological Vir|tue, and preferred before Faith, or Hope, <HI>Charity beleeveth all things.</HI> 1 <HI>Cor.</HI> 13. And how can I be a Charitable man, and not beleeve that &s;u|preme powers (a&s;&s;i&s;ted by the be&s;t qualified men who make it their whole employment) &s;ee and under&s;tand more, that &s;uch a law is for the good and peace of the governed, then I who am not ver&s;ed in tho&s;e things, nor dounder&s;tand from what rea&s;ons and grounds this thing became a law? But who is he that di&s;putes his obedience, and &s;peaks evil of dignities? No man that is a private man, <HI>that judges another, but condemns him&s;elf. Ro.</HI> 2. 1. <HI>And &s;peak not evil one of another; he that &s;peaketh evil of his brother, and judgeth his brother, &s;peaketh evil of the law, and judgeth the law; but if thou judge the law, thou art not a doer of the law but a judge, Jam,</HI> 4. 11.</P>
<P N="8"><PB N="23" REF="75"> 8. Temporal Laws oblige the Con&s;cience when they command no|thing <NOTE PLACE="marg">When Tem|poral Laws oblige the Con&s;cience.</NOTE> contrary to the Law of God, nor his Church: when they command any thing contrary to the Law of God, and impo&s;e a penalty for not ob|&s;ervance, Men mu&s;t &s;ubmit to the penalty, but obey God, <HI>For who&s;o lo&s;es his life for my &s;ake, and the go&s;pels, &s;hall find it. St. Mar.</HI> 8. 35.</P>
<P N="9">9. Temporal Laws oblige not in Con&s;cience when they command <NOTE PLACE="marg">Eccle&s;ia&s;tical Laws oblige in Con&s;cience before Tem|poral.</NOTE> contrary to Eccle&s;ia&s;tical; for &s;piritual peace is to be preferred before world|ly, the good of the &s;oule before that of the body; <HI>Fir&s;t &s;eek the kingdome of heaven and the righteou&s;ne&s;s thereof. St. Mat.</HI> 6, 33.</P>
</DIV3>
<DIV3 N="7" TYPE="chapter">
<HEAD>CHAP. VII. Of Promi&s;es, Contracts, &amp;c.</HEAD>
<P N="1">1. A Promi&s;e is the giving of a Mans Faith unto another, that he will <NOTE PLACE="marg">A Promi&s;e.</NOTE> do or give, or not do or give &s;uch a thing, <HI>fidem do me daturum vel pre&s;titurum, aut non;</HI> or <HI>dabo,</HI> or <HI>faciam,</HI> or <HI>non dabo</HI> or <HI>faciam,</HI> is a promi&s;e, and to the performance of his promi&s;e is every Man obliged by the Law of Nature.</P>
<P><HI>But when the Declaration of my will does not evade into Faith given, my</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>will being free continues free, after &s;uch declaration, as well as before. As if I &s;ay,</HI> volo dare vel facere, <HI>I will or intend to do or give &s;uch a thing, yet when I will I may will to do &s;uch a thing, and therefore if a Man make twenty Wills, yet when be will, he may unwill them all. So if a Man upon things appearing rea&s;o|nable, does will to give or do any thing, yet if upon di&s;cour&s;e or rea&s;oning it &s;hall appear that the giving or doing &s;uch a thing will not have &s;uch an event as he propo&s;ed, he may choo&s;e whether he will give or do that thing: nay, if he be con|vinced that the doing of &s;uch an act, will not have &s;uch an effect as he propo&s;ed, and &s;hall notwith&s;tanding do it, this is the act of a wilful and not a prudent Man.</HI></P>
<P N="2">2. A Vow is when one plights his Faith to God, that he will give <NOTE PLACE="marg">A Vow.</NOTE> to God, or a Creature &s;uch a thing. All Promi&s;es and Vowes are either made by words in the future ten&s;e, as <HI>dabo,</HI> or <HI>faciam:</HI> or by words in the pre&s;ent ten&s;e, as <HI>fidem do;</HI> but then the <HI>habendum, pre&s;tandum</HI> or <HI>faciendum,</HI> is alwaies in the futureten&s;e, as <HI>fidem do me daturum vel facturum,</HI></P>
<P N="3">3. A Contract or Pact is the conditional act of two or more mutually <NOTE PLACE="marg">A Contract or Pact.</NOTE> promi&s;ing one another to give one another &s;omething in exchange, or when two or more mutually promi&s;e one another, that if one will do or give &s;uch a thing, that then the other will do or give &s;uch a thing, upon the doing or giving of one part, the other is by Law obliged to performe his promi&s;e: or upon the giving or receiving any part of what is contracted for, both parties are obliged to performe their contract: As if I contract with another to give him ten pounds for a hor&s;e, and give him &s;ix pence, or more or le&s;s (this being an outward expre&s;s &s;ign of the contract) both parties are obliged, the one to pay the re&s;idue of the mony, and the other to deliver the hor&s;e: or upon the payment, or delivery of the hor&s;e by
<PB N="24" REF="76"> one party, the Law obligeth the other to the performance of his promi&s;e. So if I promi&s;e another to give him five &s;hillings, &amp;c. to do &s;uch a thing for my &s;elf or for another, if the other accepts of any thing in acknowledge|ment that he will do that thing, both parties are obliged by the Law; or upon the giving or doing of one party, the Law obligeth the other.</P>
<P N="4">4. Ab&s;olute promi&s;es receive their obligation from a precedent, or <NOTE PLACE="marg">Wherein a bare promi&s;e and a Con|tract differ.</NOTE> pre&s;ent con&s;ideration or condition; as if for a benefit received, or any pre&s;ent con&s;ideration, I promi&s;e, <HI>&amp;c.</HI> Contracts from a &s;ub&s;equent, as if I promi&s;e to another, that if he will do for, or give me or another, &s;uch a thing, that then I will do for him or give him &s;uch a thing; this being a conditional promi&s;e or contract, upon the performance of the others con|&s;ideration or conditions, being &s;ub&s;equent to my promi&s;e, I am obliged by Law to performe my promi&s;e made to him, and therefore <HI>ex nudo pacto non oritur actio,</HI> for I am not obliged by any act of the other to performe any thing. All contracts are made by words of the futureten&s;e, as <HI>&s;i aliquis dederit aut fecerit, dabo aut faciam.</HI></P>
<P N="5">5. A contract differs from a meere obligation in this; a &s;ingle obli|gation <NOTE PLACE="marg">Wherein a Contract differs from a &s;ingle obli|gation.</NOTE> is, when one or more for &s;uch a &s;um of Mony, Lands, Hou&s;es, &amp;c. had and received from another, acknowledgeth him or them&s;elves liable to &s;uch a penalty to the other, if they perform not &s;uch a condition as is &s;pecified in the obligation. A Contract or Pact is, when both or all parts are obliged to performe.</P>
<P><HI>All Promi&s;es, Vows, Contracts, and Obligations, ought to be only of</HI> <NOTE PLACE="marg">Annotat.</NOTE> <HI>things in po&s;&s;e&s;sion, and that are mens &s;o, as by an act of their wills they may be anothers, as they are theirs: and therefore where any man hath a meere right to any thing (this being a &s;hadow (another having the &s;ub&s;tance) or as our Lawyers &s;ay,</HI> A cho&s;e in Action) <HI>he cannot by any Contract or otherwi&s;e alien his right to another, but he can only relea&s;e it to him in po&s;&s;e&s;sion; otherwi&s;e the right re|mains &s;till in him, notwith&s;tanding any Contract, &amp;c. that he would alien it. And I would gladly be &s;atisfied how</HI> Mr. Hobbs <HI>in the generation of his</HI> Civitas. <HI>can make meere rights to be tranferred and aliened by the Pacts of men; and tho&s;e natural rights too: This being granted,</HI> Mr. Hobbs <HI>may by his Contract with another Man, make him&s;elf no Man, but a Hor&s;e or an A&s;&s;e, notwith&s;tand|ing that by nature he is a Man.</HI></P>
<P N="6">6. Every Oath is either a calling God to witne&s;s, that what a Man te&s;tifies is true or fal&s;e; or el&s;e a &s;peech added to a promi&s;e, whereby the <NOTE PLACE="marg">What is an Oath.</NOTE> promi&s;er does renounce Gods mercy, if he performs not what he promi&s;es. But if a Man Promi&s;es, Vows, Contracts, or &s;wears to do any thing which is unlawful, he ought not to performe it; for it is ill done to promi&s;e, &amp;c. but wor&s;e to do any thing unlawful.</P>
<P N="7">7. A League is, when two or more do mutually give their faith to <NOTE PLACE="marg"><HI>Foedus</HI> how different from a Pact.</NOTE> ob&s;erve &s;uch conditions as are agreed between them, and herein it differs from a Pact or Contract. A Contract or Pact is, when there is a precedent humane Law, obliging the parties contracting to performe all the condi|tions &s;pecified in the contract; A league is, where there is no humane Law obliging but only the Law of Nature. And therefore all &s;tipulations made by Princes one with another, are confederacies or leagues, not Contracts or Pacts, becau&s;e there is no precedent humane Law, obliging them to performe their leagues.</P>
<P N="8">8. A Gift is, what I do give to another, &s;o as it is mine, <HI>do;</HI> and <NOTE PLACE="marg">Donum.</NOTE>
<PB N="25" REF="76"> though a gift be alwaies in the pre&s;ent or preterperfect ten&s;e, yet the <HI>Haben|dum</HI> may be in the future; as if I make a lea&s;e freehold, or create a State in taile to one, and grant the rever&s;ion to another and his heires, here though the deed or gift be in the pre&s;entten&s;e, yet the rever&s;ion or <HI>Ha|bendum</HI> is in the future. But no Man can give another any thing, but what depends upon his will, and is his &s;o, by &s;ome po&s;itive humane law, that by his giving he may &s;o make it anothers. For what&s;oever is mine by the Law of Nature, cannot be aliened or made anothers by my Will, nor by the Will of all the Men in the world; for it is impo&s;&s;ible, natural cau&s;es and relations &s;hould be di&s;&s;olved by Mans Will.</P>
<P N="9">9. Feoffment is derived of <HI>foedum</HI> a Fee, <HI>quia e&s;t donatio foedi,</HI> and this <NOTE PLACE="marg">A Feoffment.</NOTE> is the mo&s;t ancient and nece&s;&s;ary Conveyance which is u&s;ed by the Com|mon Law (that is that Law which concerns tenures and e&s;tates, u&s;ed only here in <HI>England)</HI> and this deed or conveyance is either of ab&s;olute e&s;tates of corporeal inheritances, ab&s;olutely pa&s;&s;ed to another by livery and &s;ei&s;in, made according to the intent and purport of &s;uch Feoffment (he which conveys &s;uch e&s;tate of inheritance being called the Feoffor, he to whom &s;uch inheritance is conveyed, is called the Feoffee) or of ab&s;olute e&s;tates of inheritance which are not corporeal, as Advou&s;ons, Commons, rents i&s;&s;u|ing out of lands which do lye in grant, and do not pa&s;s by livery and &s;ei&s;in, but by delivery of the deed or feoffment.</P>
<P N="10">10. <HI>Do</HI> (or <HI>dedi,</HI> as our Lawyers &s;ay, which implies a warranty) to <HI>A,</HI> <NOTE PLACE="marg">E&s;tates-Taile.</NOTE> and his heirs for ever, makes a Feoffment: <HI>Do</HI> or <HI>Dedi,</HI> to <HI>A.</HI> and the heires of his body lawfully begotten, or to <HI>A.</HI> and the heires male or female of his body lawfully begotten; or to <HI>A.</HI> and the heirs male or female on the body of &s;uch a Woman, or to a Woman and the Heirs of her body lawfully begotten, or heirs male or female of her body lawfully begotten by &s;uch a man, creates a &s;tate taile; and he which creates &s;uch an e&s;tate is called Donor, he to whom &s;uch e&s;tate is granted, Donee.</P>
<P N="11">11. <HI>Do</HI> or <HI>Dedi</HI> to &s;uch a man or woman for term of either of their <NOTE PLACE="marg">Freehold.</NOTE> lives, or to &s;uch a man or woman during the life of another, creates a free|hold.</P>
<P N="12">12. <HI>Do</HI> or <HI>Dedi,</HI> or <HI>concedo</HI> or <HI>conce&s;si,</HI> to &s;uch a man if he &s;hall live &s;o <NOTE PLACE="marg">Lea&s;e.</NOTE> long, an e&s;tate for years, or to &s;uch a man and his heirs for &s;uch a term, re&s;erving, or not re&s;erving &s;uch a rent or &s;ervice, creates a lea&s;e; In both the latter he who gives is called Le&s;&s;or, he who takes, Le&s;&s;ee; and humane Laws oblige as well to gifts as contracts. For natural Laws oblige in con|&s;cience only, but men are obliged by mulcts and corporal puni&s;hments to contracts and gifts. So that in mo&s;t proper &s;peaking, In every gift it is the Law which gives the property to another by an act of the Donors will, and the Donor is the in&s;trument by which the Law conveys the property of any gift to another.</P>
<P N="13">13. Humane Laws therefore obliging men to the performance of <NOTE PLACE="marg">No Law or Legi&s;lative Right ari&s;es from any Pact or Contract.</NOTE> their Pacts, Contracts, and Gifts, it is impo&s;&s;ible they &s;hould receive their origination and fir&s;t power from the Pacts and Contracts of Men: For where there is no precedent humane Law obliging, men can neither make Pacts, Contracts, or Gifts, nor have any thing to give and contract for And to &s;uppo&s;e that humane laws mu&s;t precede and oblige men to thei: Contracts and Pacts, and that Contracts and Pacts mu&s;t precede humane laws and give them their power, is mo&s;t manife&s;tly ab&s;urd and contradictory.</P>
</DIV3>
</DIV2>
</DIV1>
<DIV1 N="2" TYPE="book">
<DIV2 TYPE="table of contents">
<PB N="26" REF="77">
<HEAD>THE CONTENTS of the Second Book.</HEAD>
<P><HI>Chap. I.</HI> HAving thus far treated of Rights and Laws, which are the prime and efficient cau&s;e of all Humane, Chri&s;tian, and Legal Society; We in the first Chapter of this Book proceed to declare the Cau&s;es of all Society.</P>
<P><HI>Chap. II.</HI> This Chap. &s;hews the cau&s;e and end of Regal power.</P>
<P><HI>Chap. III.</HI> Declares the attributes of it, and incidently the cau&s;es of Magi|&s;trates power.</P>
<P><HI>Chap. IV.</HI> Compares the three &s;pecies of Government, viz. <HI>Monarchy, De|mocracy,</HI> and <HI>Ari&s;tocracy;</HI> wherein the excellency of Monarchy appears above either of the other, as well by rea&s;on and experience, as by the in&s;titution of God, and con&s;ent of the world.</P>
<P><HI>Chap. V.</HI> Shews the internal cau&s;es di&s;po&s;ing men to &s;edition, as well from the Party governing, as from the Subjects or party governed.</P>
<P><HI>Chap. VI.</HI> Declares the cau&s;es and attributes of the Fathers power. And</P>
<P><HI>Chap. VII.</HI> The cau&s;es and attributes of the Husbands power. In this Chap. is demon&s;trated, that though the Fathers and Husbands power be from the Law of Nature, yet may the exerci&s;e of them be re&s;trained by the Supreme power of any place, without any wrong or prejudice to them; which could not be done without a violence upon the Law of Nature, if the Fathers and Husbands power were an in&s;titution of God, and Supreme powers an in&s;ti|tution of Man.</P>
<P><HI>Chap. VIII.</HI> Contains the cau&s;es and attributes of De&s;potical, or the Ma&s;ters power; wherein is declared, that if it be impo&s;sible for any man to make another his Ma&s;ter, then nece&s;&s;arily is it impo&s;sible any man &s;hould make an|other his Prince or Soveraign.</P>
<P><HI>Chap. IX.</HI> Treats of the cau&s;es and attributes of Eccle&s;ia&s;tical power.</P>
</DIV2>
<DIV2 TYPE="definitions">
<HEAD>DEFINITIONS.</HEAD>
<P N="1">1. SOciety, <HI>Ari&s;totle</HI> in <HI>lib.</HI> 1. <HI>Pol. cap.</HI> 5. truly defines to be made up of many <NOTE PLACE="marg">What is So|ciety.</NOTE> divided parts or per&s;ons; &s;o that there mu&s;t nece&s;&s;arily be <HI>Unum quid quod imparet, alterum quod pareat.</HI></P>
<P N="2">2. There are &s;ix &s;orts of Society. Fir&s;t, of Supreme powers and Subjects. <NOTE PLACE="marg">How mani|fold is the Society of Men.</NOTE> Secondly, of Magi&s;trates and tho&s;e committed to their care or government; and this is most properly called the <HI>Civitas,</HI> e&s;pecially where the Magi&s;trates and tho&s;e in their juri&s;diction have a priviledged or exempted authority peculiar to them, and not the &s;ame with that which is not contained in their juri&s;diction. Such are the Societies of our <HI>Civitates,</HI> Boroughs and Corporations in <HI>England,</HI> where the Magi&s;trates juri&s;diction is exempt and priviledged from the ordinary juri&s;diction of Magi&s;trates, where the&s;e priviledges and immunities are not. Thirdly, of Husband and Wife; and this Society the Greeks called <HI>Gamaca.</HI> Fourthly, of Fathers and Children, which is called <HI>Patrica.</HI> Fifthly, of Ma&s;ters
<PB N="27" REF="77"> and Servants, which is called <HI>De&s;potica.</HI> Be&s;ides the&s;e, there is a &s;ixth Society, which is proper only to Chri&s;tians, <HI>viz.</HI> of Bi&s;hops, Curates, and Congregations committed to their charge.</P>
<P N="3">3. <HI>Pote&s;tas e&s;t jus imperiale in aliqua per&s;ona, cujus praeceptum con|tinet</HI> <NOTE PLACE="marg">What is power.</NOTE> <HI>rationem obedientiae.</HI></P>
<P N="4">4. There are four kinds of Powers, <HI>viz.</HI> Divine, Humane or Natural, Legal <NOTE PLACE="marg">How many kinds of powers are there. What is Di|vine power.</NOTE> and Eccle&s;ia&s;tical.</P>
<P N="5">5. Divine power, or right of Command, is that power which is by highe&s;t right &s;olely and originally in God, and incommunicable to any Creature, from whence all other Powers are mediately or immediately derived.</P>
<P N="6">6. Humane power is a right of Command, created immediately by God, or <NOTE PLACE="marg">What is Hu|mane power.</NOTE> immediately derived from the Law of Nature.</P>
<P N="7">7. Legal power is a right of Command, which is not immediately derived <NOTE PLACE="marg">What is Legal power.</NOTE> from any po&s;itive or natural law of God, but from &s;ome Humane law.</P>
<P N="8">8. Eccle&s;ia&s;tical power is an in&s;titution of our Saviour, and left to continue <NOTE PLACE="marg">What is Ec|cle&s;ia&s;tical power. What is force or Tyranny.</NOTE> in the Church of Christ, until his &s;econd coming to Judgment.</P>
<P N="9">9. Force or Tyranny, is an u&s;urpation of Command of any Creature, or company of Creatures, not created by any law of God or Man. Nor is it the com|manding of one alone, which makes Tyranny: the very <HI>Grecians</HI> could account the <HI>Athenian Thirty</HI> to be Tyrants; and &s;o could the <HI>Romans</HI> the <HI>Decemviri</HI> and <HI>Triumviri.</HI> And no que&s;tion but it was malice and &s;pight, which made the <HI>Grecians</HI> call all Kings Tyrants; and both <HI>Romans</HI> and <HI>Grecians</HI> to make all Kings to be Ravenous creatures. And all tho&s;e Kings who abu&s;e their power, are by men u&s;ually called Tyrants, not ju&s;tly. I find no &s;uch title given to <HI>Saul, Ahab, Ahaz, Nabuchadnezzar,</HI> but Wicked and Idolatrous, often. Nor is a Father or Husband, le&s;s a Father or Husband, if they abu&s;e their powers, becau&s;e they have a right of Command.</P>
<P N="10">10. Dominion or Government is the exerci&s;e of Command by any Creature <NOTE PLACE="marg">What is Do|minion or Government.</NOTE> or company of Creatures, who have a right, or no right of Command. So that though all Government or Dominion be the exerci&s;e of Command, yet is not all Government the exerci&s;e of Power; as the Dominion or Government of Thieves, Robbers, and Pyrates, &amp;c. is the exerci&s;e of Command, who yet have no right of Command.</P>
<P N="11">11. All Power is Right, but all Right is not Power; as <HI>Jus Proprietatis</HI> <NOTE PLACE="marg"><HI>How</HI> Potestas <HI>differs from</HI> Jus.</NOTE> <HI>&amp; U&s;ufructuarium,</HI> is Right, not Power.</P>
</DIV2>
<DIV2 TYPE="axiom">
<HEAD>Common Notion.</HEAD>
<P>ALl Created Powers are from the Law of Nature, or Divine po&s;isive In|&s;titution, or Humane Laws.</P>
</DIV2>
<DIV2 N="2" TYPE="book">
<PB N="28" REF="78">
<HEAD>THE SECOND BOOK.</HEAD>
<DIV3 N="1" TYPE="chapter">
<HEAD>CHAP. I. Of Society, or the mutual offices of Commanding and Obeying.</HEAD>
<P N="1">1. _IF all Commanding and Obeying had <NOTE PLACE="marg">To command and to obey, is no humane artifice or in|vention.</NOTE> been an Humane artifice or inventi|on, then was there a time when Men lived out of Society, and in a parity or equal condition, without commanding and obeying. But there is no &s;uch time recorded in Sacred or Prophane hi&s;tory, wherein Men lived &s;o, or when, or who fir&s;t in|vented or introduced the&s;e offices of commanding and obeying: Be|&s;ides, we &s;ee that Arts and Sciences are received in one place, and not in another; and in the &s;ame place, and by the &s;ame men at one time, and neglected at another: But at no time or place did ever men live out of &s;ociety, or commanding and obeying. All commanding therefore and obey|ing is no Humane artifice or invention.</P>
<P N="2">2. If then there was never any man born, but was born in &s;ubjection; <NOTE PLACE="marg">To command and to obey, is natural.</NOTE> and all &s;ubjection being in the predicament of relation, which mu&s;t &s;uppo&s;e &s;omething commanding; and if all things which are not artificial or in|vented, are natural: Then is it as evident, as that <HI>Homo est animal rationale,</HI> that to command, and to obey, is natural. And to this does the highe&s;t Philo&s;opher give te&s;timony; <HI>Imperare &amp; parere, non &s;olum ex numero rerum</HI> <NOTE PLACE="marg"><HI>Pol. lib.</HI> 1. <HI>cap.</HI></NOTE> <HI>nece&s;&s;ariarum &s;unt, verumetiam ex utilium, &amp; &s;tatim ab ortu primo nonnulla</HI>
<PB N="29" REF="78"> <HI>inter &s;e di&s;titerint, alia ut parerent imperio, alia ut imperarent.</HI> And the high|e&s;t of Roman Orators and Lawyers, <HI>Cicero,</HI> who &s;ays, <HI>Sine imperio neque</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>de legi|bus.</HI></NOTE> <HI>domus ulla, neque civitas, nec hominum univer&s;um genus &s;tare, nec ip&s;e denique mundus potest.</HI> Be&s;ides, we &s;ee in all &s;editious men and a&s;&s;ertors of Liberty, who will not be &s;ubject to rightful Governors, that none of them could ever yet attain to make men any where in a parity of condition; but by a propen&s;e natural di&s;po&s;ition, when they have ca&s;t off the obedience due to others, they fall to command and obey among them&s;elves: But this not having any foundation but from them&s;elves, (Men being naturally ambiti|ous of commanding, and impatient of &s;ubjection) it is Gods judgment upon them, that they rarely continue long in peace, but are obnoxious to continual &s;editions and confu&s;ions.</P>
<P N="3">3. All powers being from God, and Gods ordinance mediately or imme|diately, <NOTE PLACE="marg">To command and to obey, is Gods ordi|nance, and from the law of nature.</NOTE> <HI>Rom.</HI> 13. and Power being in relation, mu&s;t refer to &s;omething which is &s;ubject to it. Power therefore and Subjection are the ordinance of God: But by the antecedent propo&s;ition, the offices of commanding and obeying, <HI>viz.</HI> of Power and Subjection, are natural. To command therefore, and to obey, is Gods natural ordinance, or from the Law of Nature.</P>
<P><HI>If then to command and obey, be no humane artifice or invention, but natural</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>and Gods ordinance, then is it mo&s;t &s;en&s;le&s;s for men to beg it for a principle, That all men are by nature in a parity and free condition, and that the will of man brought in the Powers and obedience due to them, in u&s;e now in the world, again&s;t Gods ordinance, and that freedom wherein by nature originally all men were.</HI></P>
<P N="4">4. If to command and obey, as Supreme powers and Subjects, had been <NOTE PLACE="marg">To command and obey, as Supreme powers and Subjects, is no humane arti|fice or inven|tion.</NOTE> an humane artifice or invention, then was there a time when men lived out of the offices of commanding and obeying, as Supreme powers and Sub|jects, and were introduced by men: But there was never any &s;uch time recorded in &s;acred or prophane hi&s;tory, or that they were invented or intro|duced by men: To command therefore and obey, as Supreme powers and Subjects, is no humane artifice or invention.</P>
<P><HI>It is the &s;illie&s;t thing in the world for men to dream of a Golden age, in which</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>all things were alike and common to all men, and that men lived promi&s;cuou&s;ly in a parity or equal condition; and never tell when that time was, or who lived therein: And to &s;ay that th<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters"> Dominion and Subjection now in u&s;e, Mans will brought in; and yet never t<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters"> who, any where in the world, did ever introduce it. And &s;ure if this commanding and obeying were brought in by the wills of men, again&s;t that natural right and law wherein God hath made man, it could not po&s;|&s;ibly continue at all times and in all places of the world, but that &s;omewhere men would return to their own natural liberty.</HI></P>
<P N="5">5. <NOTE N="a" PLACE="marg">To com|mand and to obey, as Supreme powers and Subjects, is natural.</NOTE> If all things be either artificial or natural, and the offices of com|manding and obeying, as Supreme powers and Subjects, be not artificial; then the&s;e offices of commanding and obeying, as Supreme powers and Subjects, are natural.</P>
<P N="6">6. <NOTE N="b" PLACE="marg">To com|mand &amp; obey, as Supreme powers and Subjects, is Gods ordi|nance, and due from the law of nature.</NOTE> That Supreme power is Gods ordinance, and that Subjects mu&s;t needs be therefore &s;ubject to it, the Apo&s;tle &s;ays expre&s;ly <HI>Rom.</HI> 13. But by the precedent propo&s;ition they are natural; They are therefore Gods na|tural ordinance, or due from the Law of Nature.</P>
<P N="7">7. <NOTE N="c" PLACE="marg">To com|mand &amp; obey, as Husband and Wife, is natu-ral.</NOTE> This <HI>Ari&s;totle</HI> in <HI>chap.</HI> 5. <HI>lib.</HI> 1. <HI>Pol.</HI> proves. Be&s;ides, the&s;e offices not being topical, but univer&s;al, no where created by any humane Law, and due
<PB N="30" REF="79"> as well where Gods revealed ordinance in the Scriptures is not received, as where it is, they are natural, or due by the law of Nature. <NOTE PLACE="marg">To command and obey as Parents and Children, is from the Law of Nature.</NOTE></P>
<P N="8">8. The mutual offices of commanding and obeying, as Parents and Children, not being from any Humane law, but being due in all places, as well where Gods revelation of him&s;elf is received, as where not, are natu|ral, or due from the law of Nature.</P>
<P N="9">9. God having created Man not only different from other creatures of <NOTE PLACE="marg">How many ways the offi|ces of com|manding and obeying are cau&s;ed from the Law of Nature.</NOTE> this orb, as intellectual and rational, but al&s;o as &s;ociable, <HI>viz.</HI> living in conver&s;ation and &s;ubordination, for <HI>extra &s;ocietatem vivere neminem;</HI> He hath given by the law of Nature to &s;ome the power or right of command|ing, and others he hath &s;ubjected to &s;uch powers. But he hath created the&s;e powers divers ways, <HI>viz.</HI> either upon &s;uppo&s;ition of &s;ome mutual act of the parties commanding and obeying; or upon &s;uppo&s;ition of &s;ome act of the parties commanding; or without &s;uppo&s;ition of any act of either the parties commanding or obeying.</P>
<P>Fir&s;t, I &s;ay, the Law of Nature creates the&s;e offices of commanding and obeying, upon &s;uppo&s;ition of &s;ome act of the parties commanding and obeying. As Matrimony is the mutual act of the Husband and Wife: I <HI>A. B.</HI> take thee <HI>D. E.</HI> to be my wedded wife; and I <HI>D. E.</HI> take thee <HI>A. B.</HI> to be my wedded Husband: by this act of the Husband and Wife, God by the Law of Nature gives the Husband a power or right of command over the Wife, and &s;ubjects the Wife to the Husband. Or,</P>
<P>Secondly, upon &s;uppo&s;ition of &s;ome act of the parties commanding: As the Parents power ari&s;ing from generation, the Parents mu&s;t be &s;up|po&s;ed to generate, before they can have a power or right of command. Or,</P>
<P>Thirdly, upon &s;uppo&s;ition of no act either of the parties commanding or obeying, as in all rightful Hereditary Monarchies, the&s;e offices are as much due from the Law of Nature, before any act of the parties command|ing and obeying, as after.</P>
<P N="10">10. Gods Ordinance to Man being either that Law or Ordinance, <NOTE PLACE="marg">All command|ing and obey|ing which God hath or|dained, is not from the Law of Nature.</NOTE> which he has ordinarily engraven in the hearts of Men; or his gracious goodne&s;s extraordinarily revealed in the Scriptures, and Gods revelation of him&s;elf by <HI>Mo&s;es</HI> and Prophets, by our Saviour, the Apo&s;tles and Evan|geli&s;ts, was extraordinarily and &s;upernaturally given to them by Gods e&s;pe|cial grace; nor could Men by any natural means attain to the belief of it. All offices therefore of power and &s;ubjection to them which are created by Gods will &s;o revealed, are not created by the Law of nature.</P>
<P N="11">11. All offices which are created by Divine Law, whether by the Law <NOTE PLACE="marg">All offices of commanding and obeying, are not Gods ordinance im|mediately.</NOTE> of Nature, or by divine po&s;itive in&s;titution, being from higher then humane cau&s;es, are indelible, and cannot be aliened, transferred, or communi|cated by any humane act, for <HI>ejus e&s;t nolle, cujus e&s;t velle;</HI> and therefore can|not the power and obedience of Parents and Children, of Husband and Wife, of King and Subjects, be aliened, di&s;&s;olved, communicated, or tran&s;|ferred; but the offices of Ma&s;ters and Servants, of Magi&s;trates and tho&s;e &s;ubject to them, are alienable, communicable, and transferrable, and &s;ome|time are, and &s;ometime are not; they are not therefore from any immediate ordinance of God either po&s;itive or natural. But the offices of commanding and obeying as Ma&s;ters and Servants, and Magi&s;trates and tho&s;e &s;ubject to
<PB N="31" REF="79"> them, are but temporary, and determinable by the laws of him that made them; therefore not Gods ordinance.</P>
<P N="12">12. Humane laws create Magi&s;trates power two ways: Immediately, <NOTE PLACE="marg">How many ways power and &s;ubjection happens by humane laws to Magi&s;trates and tho&s;e &s;ub|ject to them.</NOTE> as when Supreme powers (which are the fountain from whence all Temporal laws are derived) con&s;titute any Magi&s;trate, giving him juri&s;diction over the inhabitants of any place; or when the Laws or Higher powers enable &s;uch men to nominate their Magi&s;trate, there the Nominators are the in&s;truments by which the Law does transfer this Magi&s;terial power.</P>
<P N="13">13. The mutual offices of power and &s;ubjection between Ma&s;ters and <NOTE PLACE="marg">How many ways humane laws create the power and &s;ubjection of Ma&s;ters and Servants.</NOTE> Servants, happen two ways; either created by the contract or pact of the Ma&s;ter and Servant, (and we have before &s;hewed that all pacts and contracts receive their obligation from Humane laws) as the means by which Humane laws do create the&s;e offices; or el&s;e without any pact or contract of the par|ties commanding and obeying, as in the ca&s;es of Slavery where pri&s;oners are taken in war, or men condemned thereunto for &s;ome offence; or of Ap|prenti&s;hip, where children are bound for &s;uch a term, by the Laws of their Country, or Parents. And I do grant Mr. <HI>Hobbs, Grotius</HI> and <HI>White,</HI> that this power and &s;ubjection, <HI>Humana voluntas introduxit;</HI> but not the parties obeying, as they mo&s;t &s;en&s;le&s;ly feign, but the Supreme powers or the parties commanding: And where they are not &s;o created, all men are ori|ginally free.</P>
<P><HI>I do much wonder at tho&s;e men, who make all Supreme or Regal power to have</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>its origination from the con&s;ent and aggregation of many families: For they not only confound the Ma&s;ters power with the Fathers, which in the nature and cau&s;e we have already &s;hewed, and &s;hall more fully hereafter in their proper Chapters &s;hew; but al&s;o make the Ma&s;ters power to be from the Law of God, and Regal power to be a Humane in&s;titution: whereas the contrary is true in both. And what it is &s;hould move men to imagine, that after</HI> Adam's <HI>and</HI> Noah's <HI>po&s;terity dilated them&s;elves into many families, that they &s;hould give</HI> Adam <HI>and</HI> Noah <HI>more power then God gave them. I am &s;ure no &s;uch thing, or the lea&s;t probability thereof appears in Scripture; or that after</HI> Adam's <HI>and</HI> Noah's <HI>deaths, their Po&s;terities became free and independent from all Government; which was (no body can tell when) brought in by the Pacts of Men, or by con&s;ent and &s;ubmi&s;sion of Families to it.</HI></P>
<P N="14">14. That power or right of command which God <HI>jure divino</HI> hath as <NOTE PLACE="marg">All power and &s;ubjecti|on, from what cau&s;es.</NOTE> &s;olely and ab&s;olutely over all his creatures, as the Creator, fir&s;t and efficient Cau&s;e of them; and therefore by highe&s;t right all obedience is chiefly due to them before any creature in all things: Or el&s;e power and &s;ubjection are cau&s;ed from the Laws of Nature, or from the Law of God revealed in the Scriptures, or from Humane po&s;itive Laws. All Society which is not con|tained in the&s;e cau&s;es, is Tyranny in the party commanding; nor is any obligation in Con&s;cience to &s;uch Commands, from the party com|manded.</P>
<P>Having thus far treated of the Cau&s;es of Power and Subjection con|junctly, we &s;hall hereafter in their &s;everal Chapters treat of them &s;everally, and more at large. And we in&s;i&s;t more largely hereon, in regard the&s;e Powers and Subjections are either &s;o confounded in their Cau&s;es by other men, or &s;uch wild things begged for Principles, that (&s;o far as I under&s;tand) no ingenuous man &s;hould grant.</P>
</DIV3>
<DIV3 N="2" TYPE="chapter">
<PB N="32" REF="80">
<HEAD>CHAP. II. Of Regal and Magi&s;trates power.</HEAD>
<P N="1">1. THere is no que&s;tion but one of Mans chiefe&s;t happine&s;&s;es in this <NOTE PLACE="marg">Introduction.</NOTE> life, con&s;i&s;ts in the contemplation of God in his works; to con|template the Heavens and the Earth, the workman&s;hip of his hands, and the admirable order and motion of them all, being by him &s;o made and created. Nor is God le&s;s &s;een in the generation and birth of Man and other creatures, then in the creation of the Univer&s;e. And as admirable is the pre&s;ervation of every Man, as his generation: For, ab&s;tracting from the internal cau&s;e,</P>
<Q><L>Spiritus intus alit, totamque infu&s;a per artus <NOTE PLACE="marg"><HI>Virg. Aen.</HI> 6. <HI>prop. fin.</HI></NOTE></L>
<L>Mens agitat molem.&mdash;</L></Q>
<P>How God does renew, and pre&s;erve every Man, and every part of Man, by a perpetual motion, <HI>viz.</HI> the <HI>Systole</HI> and <HI>Dia&s;tole</HI> of the Blood. If a Man con&s;iders his outward pre&s;ervation, not only from the violence of other creatures who are of much more force then him&s;elf, but al&s;o from the force and violence of his own kind; (for, were he not re&s;trained, <HI>Homo homini lupus:</HI> And what are the People in general, but a &s;udden, ra&s;h, and furious Bea&s;t, carried hither and thither upon every wild fancy, raging to have this thing done, and pre&s;ently lamenting becau&s;e it is done?) He mu&s;t needs <NOTE PLACE="marg">As the <HI>Athe|nians</HI> did in their &s;entence on <HI>Socrates</HI> and the Cap|tains at the Fight at <HI>Argi|nu&s;ae.</HI></NOTE> confe&s;s there is no power under heaven which can re&s;train the raging of the &s;ea, and the madne&s;s of the people. The P&s;almi&s;t therefore, <HI>P&s;al.</HI> 77. when he calls to mind the works of God, and his wonders of old; <HI>Thou thundre&s;t from heaven, thou &s;hake&s;t the earth, thou divide&s;t the &s;ea;</HI> and at la&s;t as the greate&s;t wonder of all, he &s;ays, <HI>Thou leadest thy people like &s;heep, by the hands of Mo&s;es and Aaron.</HI> It is not therefore from any pacts and inventions of Man, that he may hope for any &s;ecurity; but by &s;ubmitting him&s;elf to what God hath ordained for his pre&s;ervation.</P>
<P N="2">2. Upon a &s;urvey taken in Scripture, how often <HI>Chri&s;ti Domini</HI> are <NOTE PLACE="marg">Regal power cannot be cre|ated by the People.</NOTE> u&s;ed, they are found to be thirty three; two of which are &s;poken of the Patriarchs, one of our Saviour, and all the re&s;t of Kings only. Once of our Saviour, <HI>Luk.</HI> 2. 26. twice of the Patriarchs, <HI>P&s;al.</HI> 105. 15. and 1 <HI>Chro.</HI> 16. 22. all the re&s;t to Kings only and expre&s;ly. And though others were anointed, yet none but our Saviour, Patriarchs and Kings were the <HI>Lords anointed.</HI> Nor is <HI>Gods anointed</HI> peculiar to them, (not the material anointing, and the receiving and believing Gods revelation of him-&s;elf in the Scriptures, is e&s;&s;ential to the making of Gods anointed here; but all right|ful Kings are &s;o, whether they be materially anointed, or believe Gods re|velation of him&s;elf in the Scriptures, or not: For not only <HI>Cyrus</HI> was not <NOTE PLACE="marg">I&s;a. 45. 1.</NOTE> materially anointed, and an unbeliever, yet Gods anointed; but <HI>Nabu|chadnezzar</HI> al&s;o, a cruel per&s;ecutor and de&s;troyer of Gods people:) But <NOTE PLACE="marg">Lam. 4. 20.</NOTE> God calls them <HI>Mortal Gods</HI> too, <HI>P&s;al.</HI> 82. 6. And is it not &s;trange that our Saviour &s;hould &s;ay, <HI>No power can be but from above, data de&s;uper;</HI> and that <NOTE PLACE="marg">Joh. 19. 11.</NOTE> Men &s;hould be &s;o impudent as to affirm, that there is no power unle&s;s <HI>data de &s;ubter?</HI> and that again&s;t all &s;en&s;e and rea&s;on, as well as faith: For it is
<PB N="33" REF="80"> impo&s;&s;ible that any Power &s;hould be &s;uperior to the cau&s;e of its being; or that any thing &s;hould give that to another, which it &s;elf hath not. How then can an imaginary rout of Men give a power of life and death, and of creating property (which not any of them, nor all of them together have) to ano|ther?</P>
<P N="3">3. Humane Laws being the accidents, or effects of Regal Power, they <NOTE PLACE="marg">Regal power not made by Humane laws.</NOTE> cannot be &s;uperior to give or create a being to the cau&s;e; Regal Power there|fore cannot be made or created by Humane Laws.</P>
<P N="4">4. That in Regality, as well as in Subjects e&s;tates, <HI>jus proprietatis &amp;</HI> <NOTE PLACE="marg">The po&s;&s;e&s;&s;ion or exerci&s;e of Regality, does not create Re|gal power.</NOTE> <HI>po&s;&s;e&s;sionis</HI> have been divided, and Regal power u&s;urped, and exerci&s;ed by them, who had no right thereunto, is not only te&s;tified by infinite Autho|rities out of prophane Hi&s;tory, but al&s;o many times in Sacred Writ, as in the ca&s;es of <HI>Ab&s;olom, Adonijah, Athaliah, &amp;c.</HI> It is true indeed, that there is no vi&s;ible power under Heaven, but only Mens Con&s;ciences that can judge between an U&s;urper and a rightful Prince; Yet ought men principally to have a care how they offend herein; for God no where denounces a more dreadful &s;entence, nor &s;hewed a more terrible judgement then upon &s;uch <NOTE PLACE="marg">Rom. 13.</NOTE> Men, <HI>Num.</HI> 16. And if in Regality po&s;&s;e&s;&s;ion alone did create a ju&s;t title, then were <HI>&s;umma injuria, &s;umma ju&s;titia;</HI> it being (no que&s;tion) the highe&s;t injury to invade the highe&s;t authority or dominion of another.</P>
<P N="5">5. If po&s;&s;e&s;&s;ion conjoyned with the &s;ubmi&s;&s;ion and acknowledgement <NOTE PLACE="marg">Po&s;&s;e&s;&s;ion, with the Sub|jects acknow|ledgment and &s;ubmi&s;&s;ion, does not cre|ate Regal power.</NOTE> of the Subjects, did create regal power or right of command which Kings have over their Subjects, then were the dominion of Theeves and Pirates where others &s;ubmit to them, ju&s;t, and <HI>Jeroboams</HI> title good to the king|dom of the Ten Tribes; nor the Children of <HI>I&s;rael</HI> Rebels, but true Sub|jects after they had quietly &s;ubmitted them&s;elves to <HI>Jeroboam.</HI> But this is fal&s;e, for God does denounce them Rebels to the hou&s;e of <HI>David</HI> unto this day, 1 <HI>Kings</HI> 12. 19. And <HI>Jeroboam</HI> him&s;elf a Rebel, after he was quietly <NOTE PLACE="marg">1 <HI>King.</HI> 12. 19.</NOTE> po&s;&s;e&s;&s;ed, and acknowledged by the Ten Tribes, 2 <HI>Chron.</HI> 13. 6.</P>
<P>It is a very remarkable thing, that the Subjects of this Nation (al|though <NOTE PLACE="marg">Annot.</NOTE> pretending to be Chri&s;tians) have again&s;t all rules of Chri&s;tian Faith, placed all power in Government to be from the people, and their obliga|tion to it, to be from their own &s;ubmi&s;&s;ion to it; and have by their often for&s;wearing them&s;elves to this and that Government, not only habituated them&s;elves into a belief that there is no &s;uch thing as right or power in Go|vernment, but only po&s;&s;e&s;&s;ion; but al&s;o taken away all Religion and Ob|ligation of an Oath in things lawful and indifferent. God no doubt per|mitting it, that they who would not &s;tand and be protected by his ordi|nance and in&s;titution, &s;hould fall into all infidelity and perjury, and never be true to any thing they &s;weare to, and &s;et up in&s;tead of it.</P>
<P N="6">6. If the Law of God or Nature did create Regal Power by the ac|knowledgement <NOTE PLACE="marg">The Law of God or Na|ture does not create Regal power by the &s;ubmi&s;&s;ion, or any act of the Subject.</NOTE> or &s;ubmi&s;&s;ion of Men thereunto, or that Subjects were the e&s;&s;ential in&s;truments by which Regal Power was originally created, and yet is continued in the world; then were not Men only free from Regal or Higher Powers before they did &s;ubmit thereunto, but al&s;o free to make whom they would their Prince; and &s;o by con&s;equence there can be no &s;uch thing as Hereditary Monarchy in the world, which for many Hundred, nay Thou&s;and years (where God was not plea&s;ed to reign him&s;elf immediately over his peculiar people) was in the old time the only Government in the world. For above 3000 years after the Creation, was neither Ari&s;tocracy,
<PB N="34" REF="81"> Democracy, or Elective Monarchy ever heard of in the world; and yet Hereditary Monarchy is in above 19 of 20 parts in the world the only Go|vernment. Nor would any Government that ever was, or is in the world, grant this liberty to any one born in their dominion; but upon re&s;i&s;ting it, or renouncing it, whether he ever &s;ubmitted to it or not, proceed again&s;t him not as an Enemy, but as a Rebel and Traitor. To &s;uppo&s;e therefore that Subjects acknowledgment and &s;ubmi&s;&s;ion is previous the e&s;&s;ential means by which God does create Regal or Higher Powers, is upon the mat|ter to give the Lye to all the Powers and Governments that are, or ever were in the world.</P>
<P N="7">7. None of the&s;e things therefore, but &s;ome higher cau&s;e mu&s;t create Regal power; and that Regal Power is the Ordinance of God, the Apo&s;tle <NOTE PLACE="marg">Regal Power is the Ordi|nance of God, and created by the Law of Nature.</NOTE> &s;aies expre&s;ly, where he &s;aies, <HI>Rom.</HI> 13, that he which re&s;i&s;teth the Higher or Regal power, re&s;i&s;teth the Ordinance of God: And that this is not Gods Ordinance only to them, who receive and believe his revelation of him&s;elf in the Scriptures, is evident by his ordaining of <HI>Hazael, Cyrus, Nabuchadne|zer, &amp;c.</HI> and to put all out of que&s;tion, the Apo&s;tle here calls Higher or Regal Power Gods Ordinance, and at that time whenas there was no King in the world which did receive the Scriptures for the revealed word of God. Be&s;ides, Kings reign by God, &amp;c. <HI>Pro.</HI> 8. 5. and that Kings reign by God, not only where he is believed as having extraordinarily revealed him&s;elf in the Scriptures; <HI>Job</HI> in the &s;tate of nature long before the <NOTE PLACE="marg"><HI>Job.</HI> 3. 6, 7.</NOTE> Moral Law was given by <HI>Mo&s;es,</HI> &s;aies, <HI>Reges in &s;olio collocat in aeternum,</HI> Re|gal power therefore is Gods Ordinance, and from the Law of Nature.</P>
<P N="8">8. Regal power being Gods Ordinance, and created by the Law of <NOTE PLACE="marg"><HI>Adam</HI> had Do|minion over all Creatures, and not as Father, Hu&s;|band, or Ma&s;ter of a Family.</NOTE> Nature, there was never any time wherein Men were borne out of &s;ubjecti|on to it (not but that the Laws of Nature are often violated by Men) and that God created <HI>Adam</HI> an univer&s;al Monarch or King over all his other Creatures, is clearly &s;aid, <HI>Gen.</HI> 1. 27, 28. <HI>And God created man in his own image, in the image of God created he him; male and female created he them. And God ble&s;&s;ed them, and God &s;aid unto them, Be fruitful, and multiply, and repleni&s;h the earth, and &s;ubdue it, and have dominion over the fi&s;h of the &s;ea, and over the fowl of the air, and over every living thing that moveth upon the earth.</HI> And that this &s;upreme power was given to <HI>Adam,</HI> not as Father, Husband, or Ma&s;ter of a Family, is manife&s;t; for he was neither Father, Husband, nor Ma&s;ter of a Family; there being no Man or Woman in the world at that time.</P>
<P N="9">9. The Scripture does not only command Wives to be &s;ubject <NOTE PLACE="marg"><HI>Adam</HI> had Do|minion over <HI>Eve,</HI> and not as Husband only.</NOTE> to their Husbands, but the Apo&s;tle gives rea&s;ons wherefore, <HI>viz. That the man is not of the woman, but the woman of the man. Neither was the man crea|ted for the woman, but the woman for the man.</HI> 1. <HI>Cor.</HI> 11, 8, 9. Nor does he prove this &s;ubjection to be only due from the end of the womans creation, and her being a part of Man; but from Mans being fir&s;t created, and to whom God had fir&s;t given Dominion over all Creatures before the Woman was made. 1 <HI>Tim.</HI> 2. 13.</P>
<P N="10">10. Although God gave to <HI>Adam</HI> only of Dominion over all Crea|tures, yet was it not intended that he alone &s;hould &s;o enjoy that his Domi|nion, <NOTE PLACE="marg"><HI>Adam</HI> had Do|minion over his Children, and not as Father only.</NOTE> that others of his own kind &s;hould be wholly deprived of the u&s;e and benefit of them, without which they could not po&s;&s;ibly &s;ub&s;i&s;t. When therefore that <HI>Cain</HI> and <HI>Abel</HI> were born, although the Dominion of all the
<PB N="35" REF="81"> Creatures continued &s;till in <HI>Adam,</HI> yet had <HI>Cain</HI> and <HI>Abel</HI> property in the Fruit of the Ground, and of Sheep. But this property could not be given <NOTE PLACE="marg"><HI>Gen.</HI> 4. 3. 4.</NOTE> to them by <HI>Adam</HI> as Father; for the Fathers power ari&s;ing from generation, and the per&s;on being only generated, the Fathers power extends no further. The property therefore that <HI>Cain</HI> and <HI>Abel</HI> had in the Fruits of the Ground, and Cattel, was given them by <HI>Adam</HI> as King or Monarch.</P>
<P N="11">11. Not only the Scriptures, and all Writers, many times expre&s;s dif|ferent <NOTE PLACE="marg">The &s;tate of Man before the flood, and after <HI>Adams</HI> death, was not Anarchy, but in Society, and under Monar|chy Heredita|ry. <HI>Gen.</HI> 23. 6.</NOTE> things equivocally by one word; but al&s;o the &s;ame thing equivocally in different words: As a Chief Governor is often called not only <HI>King,</HI> but <HI>Prince, Duke, Sultan, Pharoah, Ptolomy, Cham, &amp;c. Paterfamilias</HI> &s;ignifies the Ma&s;ter of a Family, whether he hath a &s;on or daughter in it, or not. Our Saviour, as the highe&s;t attribute of power, begins the Lords prayer with <HI>Our Father.</HI> So the Scriptures by <HI>Patriarch, Prince,</HI> and <HI>King,</HI> under|&s;tand the &s;ame thing. The Patriarch <HI>Abraham</HI> is called a <HI>Prince of God,</HI> or a mighty Prince. A Prince &s;ure he was, that could give battel and over|throw four Kings at once, <HI>Gen.</HI> 26. 16. And the King and Prince <HI>David</HI> is called by S. <HI>Peter</HI> the <HI>Patriarch David, Act.</HI> 2. 29. And Patriarchs as well as Kings are called <HI>Chri&s;ti Domini.</HI> And that the Patriarchs mentioned in <HI>Gen.</HI> 5. were not only men endued with the ordinary power of Parents, but Princes in their generations, is manife&s;t; otherwi&s;e it had been a vain thing for the Scripture to have mentioned a Genealogie of the Patriarchs from <HI>Seth</HI> to <HI>Noah,</HI> if every Father had had the &s;ame power with them. Be&s;ides, <HI>Cain,</HI> who was elder then <HI>Seth,</HI> had a wife and children, yet was none of <NOTE PLACE="marg"><HI>Gen.</HI> 4. 17.</NOTE> the Patriarchs; and the rea&s;on was, becau&s;e God for the murder of his <NOTE PLACE="marg"><HI>Gen.</HI> 5. 12.</NOTE> brother <HI>Abel</HI> made him a vagabond and fugitive upon the earth. And as this Patriarchal or Regal power was with the Patriarchs before the Flood, &s;o was it hereditary, where God did not interpo&s;e: For from <HI>Seth</HI> to <HI>Noah,</HI> only the Fir&s;t-born had it, or are mentioned for Patriarchs in Scripture. God, no doubt, by this great example teaching men, that where he does not interpo&s;e, this Patriarchal or Regal power is hereditary, and de&s;cends only to the Elde&s;t Son, and Heir General.</P>
<P N="12">12. If, as <HI>Grotius</HI> affirmeth, the &s;tate of Man had been <HI>Jure naturali</HI> in <NOTE PLACE="marg">The &s;tate of Man immedi|atly after the flood, was not Anarchy, but Society, by the te&s;timo|ny of Scrip|ture.</NOTE> a parity or promi&s;cuous condition immediately after the Flood, and that this <HI>Jus naturale</HI> be immutable by God him&s;elf; and that this Dominion which is now in u&s;e, the will of Man brought in, and that not the will of the party commanding, but in &s;ubjection: It had been a very vain cur&s;e in <HI>Noah</HI> (or rather of God by <HI>Noah)</HI> to have cur&s;ed <HI>Chanaan,</HI> and made him <HI>a &s;ervant of &s;ervants to his brethren;</HI> or that God &s;hould ble&s;s both <HI>Sem</HI> and <HI>Japheth,</HI> and make <HI>Chanaan</HI> a &s;ervant to them both. And let a man &s;ee the genera|tions of <HI>Sem, Ham</HI> and <HI>Japheth,</HI> where the Grandchildren of <HI>Japheth</HI> by <HI>Javan</HI> divided the I&s;les of the Gentiles, not in a promi&s;cuous condition, but <NOTE PLACE="marg"><HI>Gen.</HI> 10. 5.</NOTE> after their tongue, kindred, and in their nation. And &s;o <HI>Nimrod</HI> the Grand|child of <HI>Ham</HI> by <HI>Chus,</HI> became <HI>a mighty Hunter in the earth, &amp;c.</HI> And the beginning of his Kingdom was <HI>Babel, Erech, Acad,</HI> and <HI>Calneth</HI> in the land of <HI>Sinar.</HI> (There is great divi&s;ion among Writers about <HI>Nimrod,</HI> whether he were the &s;ame with <HI>Belus</HI> and <HI>Ninus,</HI> or not.) And as the po&s;terity of <HI>Japheth</HI> did not inhabit the earth in a parity and equal condition, &s;o did not the po&s;terity of <HI>Ham,</HI> but in their kindreds, tongues, countries and nations. <NOTE PLACE="marg"><HI>Ver&s;e</HI> 20.</NOTE> And &s;o did the po&s;terity of <HI>Sem, v.</HI> 31. And <HI>Gen.</HI> 11. gives the genealogie of <HI>Sem</HI> to <HI>Abram,</HI> which came to pa&s;s in le&s;s then three hundred years after
<PB N="36" REF="82"> the Flood. And in <HI>Abrahams</HI> time, <HI>Pharaoh</HI> ruled in <HI>Egypt. cap.</HI> 12. and <HI>Am|raphel</HI> was King of <HI>Sinar, Arioch</HI> King of <HI>Elazar, Chodorlaomer</HI> King of <HI>Elam,</HI> and <HI>Thidal</HI> King of the Nations, and <HI>Bera</HI> King of <HI>Sodom, Bir&s;a</HI> <NOTE PLACE="marg">Gen. 14. 1, 2, 3.</NOTE> King of <HI>Gomorrha, Sinab</HI> King of <HI>Adma, Semeber</HI> King of <HI>Seboiim,</HI> and the King of <HI>Bela.</HI></P>
<P><HI>There is no rea&s;on that I under&s;tand, why men &s;hould affirm</HI> Nimrod <HI>to be</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>the fir&s;t Monarch after the Flood, from</HI> Gen. 10. 8. He began to be a mighty one upon the earth; and that the beginning of his kingdom was Babel, Erech, Accad and Calneth. <HI>Which proves it no more, then if a man &s;hould &s;ay, That</HI> David <HI>was a mighty one upon the earth, and the beginning of his king|dom was</HI> Judah <HI>and</HI> Jeru&s;alem; <HI>that therefore there was never any King before him.</HI></P>
<P N="13">13. We begin with <HI>Diodorus Siculus,</HI> who after that in the <HI>fir&s;t Part</HI> <NOTE PLACE="marg">The &s;tate of Man mo&s;t an|tiently, was never Anar|chy, but Mo|narchy, by the authority of the mo&s;t antient of Vulgar Hi&s;to|ries.</NOTE> of his <HI>fir&s;t Book</HI> of the <HI>Antiquity of things,</HI> having di&s;cour&s;ed of the Cre|ation of the World and Man, and given a conjectural opinion of the &s;tate of Man before they had language, hou&s;es, or art enough to clothe them|&s;elves; and having in the next <HI>Chap.</HI> di&s;cour&s;ed of the fabulous Egyptian Gods; and in the 3. of the &s;ite of <HI>Egypt,</HI> and wonders of <HI>Nile;</HI> and in the 4. of the cau&s;es of the inundation of it; in the <HI>fir&s;t Chap.</HI> of the <HI>&s;econd Part</HI> he de&s;cends to his Hi&s;tory, and gives a narrative of the original Govern|ment of the <HI>Egyptians</HI> under the Gods, Heroes, and Elective Kings for 18000. years together; and after the Gods reigned <HI>Menas,</HI> and that his progeny in fifty two Kings, reigned 1400. years, and did nothing memo|rable: And then <HI>Bu&s;iris</HI> and eight of his po&s;terity reigned, the la&s;t of which was called al&s;o <HI>Bu&s;iris,</HI> who built the great City called of the Egyptians <HI>The City of the Sun,</HI> and of the Grecians, <HI>Thebes;</HI> not only the mo&s;t &s;tately in Buildings, and adorned with all the Rarities of Nature, of all the Cities of <HI>Egypt,</HI> but of the whole world. After him was <HI>O&s;ymandrus,</HI> and the eighth of his progeny from him, <HI>Uchoreus,</HI> who built the City <HI>Memphis:</HI> And the twelfth of his offspring after him was <HI>Myris;</HI> and <HI>Se&s;ostres</HI> the &s;eventh of his linage was King, <HI>&amp;c.</HI> In the <HI>fir&s;t Chap.</HI> of the <HI>&s;econd Book</HI> he treats of <HI>Ninus</HI> as the fir&s;t King of the <HI>A&s;&s;yrians,</HI> and of <HI>Aricus</HI> King of the <HI>Arabians,</HI> contemporary with him; and of <HI>Barzanes</HI> King of the <HI>Armenians,</HI> and of <HI>Farnus</HI> King of the <HI>Medians;</HI> and in <HI>Chap.</HI> 2. of <HI>Zoroa&s;ter</HI> King of the <HI>Bactrians, &amp;c.</HI></P>
<P>In the 3. <HI>Book,</HI> treating of the <HI>Ethiopians</HI> beyond <HI>Lybia,</HI> he &s;peaks of the &s;trange manner of the death of the Ethiopian Kings, until that <HI>Erga|menis</HI> King of the <HI>Ethiopians,</HI> in the time of <HI>Ptolomy</HI> the Second, addicted to Philo&s;ophy and the Greek learning, fir&s;t de&s;pi&s;ed that manner of dying, which was this: The Prie&s;ts which offered &s;acrifice in <HI>Meroe</HI> (and the&s;e were of greate&s;t authority) when it &s;eemed good to them, would tell the King that he mu&s;t die, for &s;o the Oracle of the Gods commanded, and that it was not meet that the will of the Gods &s;hould be contemned for the will of a mortal man; and they add other rea&s;ons, by which from an old ob&s;erved cu&s;tom they per&s;wade the King to a voluntary death; and all the antient Kings obeyed the Prie&s;ts of their own accord, not compelled by arms or force, but overcome by &s;uper&s;tition. In <HI>lib.</HI> 3. <HI>cap.</HI> 4. he makes four kinds of <HI>Libyans</HI> to inhabit the midland coa&s;ts about <HI>Cyrene</HI> and <HI>Cirtes;</HI> whereof they who dwell to the South, are called <HI>Na&s;amones;</HI> others &s;ited at the We&s;t, <HI>Anochitae;</HI> others are called <HI>Marmaridae,</HI> which inhabit between
<PB N="37" REF="82"> <HI>Egypt</HI> and <HI>Cyrene,</HI> and part of the Sea-coa&s;t; the fourth kind excelling in multitude of men, are called <HI>Maiae.</HI> The two latter obey Kings; the third are under no Kings, but always intent upon robbery, they know no ju&s;tice; yet a little after he &s;ays, they every year &s;wore the people &s;ubject to them, to obey their Prince. He &s;peaks not of the Government of the fourth, but of the <HI>Amazons</HI> which in old time governed <HI>Libya.</HI></P>
<P>Let us &s;ee the mo&s;t ancient Government of Nations out of other <NOTE PLACE="marg">From <HI>Egialus</HI> came the <HI>Egi|alian</HI> Region, which was after called <HI>Apia.</HI></NOTE> Authors, <HI>Scaliger</HI> out of <HI>Africanus</HI> and <HI>Eu&s;ebius,</HI> in the year of the <HI>Julian</HI> period 2625. which was in the yeare of the world 1750. makes <HI>Egialus</HI> King of the <HI>Sicyonians</HI> (not an hundred years after the Flood) who reigned 52 years, after him <HI>Europs</HI> 45 years, after him <HI>Telchin</HI> 20 years, after him <HI>Apis</HI> 25 years, after him <HI>Thelxion</HI> 52 years, after him <HI>Aegyrus</HI> 34 years, after him <HI>Thurimachus</HI> 45 years, &amp;c.</P>
<P><HI>Aventinus</HI> makes <HI>Tui&s;co</HI> the &s;on of <HI>Noah,</HI> who &s;ent by his Father 131 years after the flood, came into <HI>Europe</HI> with 20 Captains; and reigned as King of the <HI>Germans</HI> 176 years; and that <HI>Ingaevon, Germanic&egrave; Ingaab,</HI> as &s;ome &s;ay, others <HI>Inwohner</HI> the brother of <HI>Mannus,</HI> reigned after him 45 years. After him <HI>I&s;taevon</HI> the &s;on of <HI>Ingaevon,</HI> (who&s;e wife <HI>Freia,</HI> the <HI>Venus</HI> of the <HI>Germans,</HI> gave the name <HI>Frey tag</HI> or <HI>Friday)</HI> reigned 50 years. After him &s;ucceeded <HI>Hermion</HI> or <HI>Horman,</HI> the &s;on of <HI>I&s;taevon,</HI> who reigned 63 years. To him &s;ucceeded <HI>Mar&s;us</HI> the &s;on of <HI>Hermion,</HI> who reigned 46 years, <HI>&amp;c.</HI></P>
<P><HI>Inachus</HI> in the year of the world 2094. was King of the <HI>Argives,</HI> who reigned 50 years. <HI>Phorone</HI> his &s;on &s;ucceeded in his &s;tead, who reigned 60 years. <HI>Apis</HI> the grandchild of <HI>Phorone</HI> &s;ucceeded, and reigned 35 years. <HI>Argus, Apis</HI> his &s;on &s;ucceeded his father, and reigned 70 years. <HI>Cria&s;us</HI> his &s;on &s;ucceeded him, and reigned 54 years, <HI>&amp;c.</HI> Nay, the very <HI>Athenians,</HI> beginning at <HI>Cecrops,</HI> for 867 years were governed by hereditary Monarchs, before there were any foot&s;teps of the Democracy or <HI>Archon.</HI> Nor can any man &s;hew (unle&s;s where God was plea&s;ed peculiarly to reign; or in the <HI>Lacedemonian</HI> Duarchy, who were governed by two Kings de&s;cended from <HI>Eury&s;thenes</HI> and his brother <HI>Proclis,</HI> who ruled in <HI>Lacedemon</HI> from about the year of the world 2848. until both lines became extinct almo&s;t together, about the year of the world 3730.) for above 3000 years after the Creation any other Government but Monarchy Hereditary, nor any of them made from any Pacts or Contracts of Men.</P>
<P>What therefore men feign to be originally in the People, was truly in Kings; and <HI>Ju&s;tin</HI> &s;ays truly, <HI>Principio Rerum, Gentium, Nationumque, im|perium penes Reges erat.</HI> It was then a Golden Age, (not when Men lived in a promi&s;cuous Herd or Rout, as the&s;e Men, and Poets feign; but) when Men content with their Government of Kings, enjoyed peace and plenty in &s;ecurity: And it is Mens wrangling about they know not what, and not content with Regal Government, that hath made &s;uch an Iron Age in the world. If a man looks into <HI>Per&s;ia, India, Ethiopia,</HI> and other parts of the world, where Subjects content with tho&s;e Governors which God hath given them, continue in obedience thereunto, he &s;hall find them not only live &s;ecurely, but abound in all plenty and riches, and yet may be &s;aid to enjoy a Golden Age; and contract the Iron Age to tho&s;e wrangling <HI>Europeans,</HI> who not content with Gods Ordinance, make to them&s;elves an Iron Age, and without end mi&s;erable, by being always obnoxious to Confu&s;ions and Civil wars.</P>
<PB N="38" REF="83">
<P> It is neither an Article of Faith, nor can there be one in&s;tance given <MILESTONE N="1" UNIT="Annot."> out of &s;acred or prophane Hi&s;tory, that ever Supreme or Regal Power was ever made from the Pacts or Contracts of Men, or con&s;ent of Families. I do not therefore under&s;tand what &s;hould move Men again&s;t the con&s;tant practice of the world in all ages, to require this for a principle, which being vaine and &s;uper&s;titious, all that can be deduced from thence cannot be better or amount higher.</P>
<P><HI>Ob.</HI> But God and Nature never made the &s;ame thing of different &s;pecies, <MILESTONE N="2" UNIT="Annot."> and if all power in Government be from God, how then came Government to be of different &s;pecies, <HI>viz.</HI> Monarchy, Ari&s;tocracy, &amp; Democracy? I an&s;wer that God hath made Man upright, but he hath &s;ought out many inventions: Therefore let Ari&s;tocracies, &amp; Democracies, an&s;wer for them&s;elves; anciently there was no Government in the world but Monarchy, nor does God ever command obedience to others; and the very <HI>Athenians</HI> for above 800 years could find a Government under Kings hereditarily, before any foot&s;teps of Ari&s;tocracy or Democracy was ever heard of in the world; nor did they ever transgre&s;s the bounds of <HI>Europe,</HI> unle&s;s in the <HI>Carthaginian</HI> State, and when the <HI>Magi</HI> u&s;urped in <HI>Per&s;ia.</HI> It was Pride in the <HI>Romans</HI> and <HI>Gre|cians,</HI> who not only e&s;teemed all the world barbarous be&s;ides them&s;elves; and all Kings to be of the kinde of ravenous bea&s;ts, but were the fir&s;t in|venters of the&s;e Ari&s;tocracies, and Democracies, and made all Power in Government to be Artificial and Political (not only in the exerci&s;e which is true, but al&s;o) in the cau&s;e. This <HI>Jus Politicum</HI> was of a more large extent with the <HI>Grecians,</HI> then the <HI>Jus Civile</HI> was with the <HI>Romans:</HI> For the <HI>Grecians</HI> e&s;teemed that to be <HI>Jus Politicum,</HI> which is common to all Men, conjoyned with any &s;ociety; the <HI>Romans</HI> called that <HI>Jus Civile,</HI> which is pro|per to any City. So to buy and &s;ell, was by the <HI>Grecians</HI> called Politick; the <HI>Romans</HI> called not tho&s;e things Civil unle&s;s to &s;ell by &s;uch a mea&s;ure and at &s;uch a time; the <HI>Romans</HI> called the Cloaks and other habits of ve&s;tments, u&s;ed by them&s;elves and other people, civil. But let any Man judge whether the&s;e Men, Mr. <HI>Hobbs, White,</HI> and <HI>Grotius,</HI> being Chri&s;tians, and two of them very learned Men, do rea&s;onably, not only to reject all precepts and examples of Sacred writ, and all Te&s;timonies of the con&s;ent of the pre&s;ent World, and Te&s;timonies of all mo&s;t antient Hi&s;tories, from the examples of tho&s;e mo&s;t unrea&s;onable Men; be&s;ides, the ca&s;e be|tween them, is as unlike as can be: For though they agree that this <HI>Jus Poli|ticum,</HI> or <HI>Civile,</HI> is &s;o as well in the cau&s;e, as exerci&s;e, and all power to be originally with the people; yet by the people did neither <HI>Romans</HI> nor <HI>Grecians,</HI> under&s;tand a company of Men in a rout or promi&s;cuous parity, but they who were <HI>Civitate donati:</HI> nor did ever the People of <HI>Athens</HI> or <HI>Rome</HI> acquire their Dominion from the people &s;ubject to them, by <HI>do</HI> or <HI>dedi,</HI> and not <HI>dabo</HI> or <HI>faciam,</HI> as the&s;e men feign all power to be originally deduced, but by rapine &amp; extorting it from their rightful Kings in whom it undubitably was.</P>
<P>If it be que&s;tioned, how originally this power came into the world if not <MILESTONE N="3" UNIT="Annot"> by the Pacts of Men, or con&s;ent of Families? I an&s;wer, <HI>Rem teneo, modum ne&s;cio;</HI> for the manner of it, how it came originally, I am not bound to give an account, where the Scriptures and mo&s;t antient Hi&s;torians do not confirm it; it is enough, that I having proved it to be natural and Gods Ordinance, it was never otherwi&s;e, e&s;pecially having the practice of the pre&s;ent world, and the Records of all prophane and &s;acred Hi&s;tory.</P>
<P N="14"><PB N="39" REF="83"> 14. It is true indeed, that the Humane Laws, and the exerci&s;e of Re|gal <NOTE PLACE="marg">Not only Kings, but Kingdoms have their be|ing from God and by the Law of Na|tore.</NOTE> Power, is Politick, Voluntary, and Artificial; but that the&s;e Laws are received and exerci&s;ed in tho&s;e places where they ought to be, which makes Kingdoms, is expre&s;ly &s;aid by the Prophet <HI>Dan. cap.</HI> 4. in three places, The mo&s;t Highe&s;t ruleth in the kingdoms of men, and giveth it to whom it plea&s;eth him, <HI>ver.</HI> 7. And it was <HI>Nebuchad-nezzars</HI> puni&s;hment for his pride, that he &s;hould have his dwelling with the bea&s;ts of the field, untill he knew that the mo&s;t Highe&s;t ruleth in the kingdoms of Men, and giveth it to whom&s;oever he will, <HI>ver.</HI> 25, and 32. So that it is evident, not only Kings, but Kingdoms, not only their <GAP DESC="foreign">, but their <GAP DESC="foreign">, their Right, but al&s;o Government, is from God immediately; and that this is a Declaration of the Law of Nature, not only long before God, by the Prophet <HI>Daniel</HI> &s;peaks this, were Kingdoms upon the earth; but al&s;o no Kingdom, or King, which at the time that this was &s;poken, that did receive or believe Gods Revelation of him&s;elf in the Scriptures. Kingdoms therefore, or the exerci&s;e of Regal Power, is Gods Ordinance as well where the Scriptures are received, as not, and due by the Law of Nature; and by con&s;equence, the ob&s;tinate re&s;i&s;tance of Kings in their Government, by their &s;ubjects is a violence upon the Law of Nature.</P>
<P N="15">15. Sir <HI>Francis Bacon</HI> in his life of <HI>Henry</HI> 7. relates that <HI>Perkin Warbeck</HI> <NOTE PLACE="marg">How many waies Rega|lity comes to pa&s;s.</NOTE> by the often affirming him&s;elf to be <HI>Richard</HI> Duke of <HI>York,</HI> &s;econd &s;on of <HI>Ed.</HI> 4. did at la&s;t believe him&s;elf to be &s;o indeed. The violent and frequent u&s;urpations of u&s;urpers in this I&s;land, and &s;ome other Northern and Euro|pean Region, hath inve&s;ted &s;uch a habit in Men, that (renouncing rea&s;on, as well as all faith and belief of God in the Scriptures) they with much con|fidence affirm, nothing but po&s;&s;e&s;&s;ion, or po&s;&s;e&s;&s;ion and &s;ubmi&s;&s;ion of Sub|jects, to be requi&s;ite with Kings. Both which do no more make a rightful King then a Mans De&s;ei&s;in, Abetting, or Intruding into the &s;igniory of another, and the Tenants attorning to him, does make him rightful Lord of the Man|nor. But neither humane Laws, nor Man, nor any thing under Heaven, can endue any Creature with a power over anothers life and fortune, who is of the &s;ame kind with him&s;elf, and without which there can be no &s;upreme power, and by con&s;equence, no &s;ociety among Men. There are but four waies by which Regality can happen.</P>
<P>Fir&s;t, When it is immediately and expre&s;ly given by God, as it was to <HI>Saul, David, Solomon, Hazael, Cyrus, &amp;c.</HI></P>
<P>Or Secondly, derived from him, who had Regality truly ve&s;ted in him; but this derivation mu&s;t not be from the Election, Adoption, or the will of him who was inve&s;ted with the Regal Power, which at highe&s;t can|not amount higher then a humane Law, which by the 3 <HI>para.</HI> of this <HI>chap.</HI> cannot create Regal Power. It mu&s;t therefore be derived by <HI>Primegeniture,</HI> which is derived from a higher cau&s;e then humane Laws, for <HI>jura &s;anguinis nullo jure civili dirimi po&s;sint.</HI></P>
<P>Or Thirdly by <HI>Lot,</HI> which we have &s;hewed to be by the Law of Nature.</P>
<P>Or La&s;tly, <HI>Jure Primi Occupantis</HI> (if its Occupant be capable there|of) for Man being a &s;ociable creature by Nature, and &s;ociety accor|ding to <HI>Ari&s;totle,</HI> being contained in many divided parts, therefore in the &s;ociety of Men there mu&s;t be <HI>unum quid, quod imparet; alte|rum</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 1. <HI>cap.</HI> 5. <HI>Pol.</HI></NOTE> <HI>quod pareat.</HI> But whether Ari&s;tocracy and Democracy be <HI>unum quid,</HI>
<PB N="40" REF="84"> that may <HI>jure imperare,</HI> to me is a que&s;tion, neither of them being any In|&s;titution of God; or from the Law of Nature, but brought in by unju&s;t u&s;urpation and violence, and again&s;t the univer&s;al con&s;ent and practice of the world for above Three thou&s;and years. I do exclude Conque&s;t to be any cau&s;e of Regal power, where God does not give it: For either this Conque&s;t mu&s;t be made by power, or force: If it be made by power, or one who is Gods Sword-bearer, no new power ari&s;eth from thence, but only a dilatation of the exerci&s;e of the old, which was formerly in him: But if it be done by Sword-takers, then is it no other then unju&s;t u&s;urpa|tion and robbery. The World being large, and the Men in it alwaies am|bitious, I will not undertake to an&s;wer for the matters of fact which Men have done in all Ages; nor do I doubt but that oftentimes the alterati|ons and conver&s;ions of Government have happened from the will of God.</P>
<P><LABEL>Object.</LABEL> But it is evident by the Prophet <HI>Daniel, c.</HI> 4. 23. 25. that <HI>God ruleth in the kingdoms of men, and giveth them to whom&s;oever he plea&s;eth:</HI> And if that he were plea&s;ed to make <HI>Saul, David, Solomon,</HI> and <HI>Jeroboam,</HI> who reigned over his peculiar people, and <HI>Hazael, Cyrus, &amp;c.</HI> who knew not God, Kings, and yet neither by Lot, Primogeniture from a rightful King, or by right of Fir&s;t po&s;&s;e&s;&s;ion; then for ought is known, the&s;e alterations which have otherwi&s;e happened, and do come to pa&s;s in the world, may be from the will and gift of God.</P>
<P><LABEL>Sol.</LABEL> I an&s;wer, If it may be Gods will that the&s;e alterations and confu&s;ions happen in the world, it may not be Gods will; <HI>&amp; affirmanti incumbit pro|batio.</HI> Let them therefore, or they that make the&s;e alterations and confu&s;i|ons, prove that Gods will, and not their own perver&s;e will, was the fir&s;t cau&s;e of them. It is true, and I grant that God does oftentimes for the puni&s;hment of a Nation, convert the &s;ucce&s;&s;ion of their Kings into another line, (yet did he never &s;o far cha&s;ti&s;e any Nation, as to &s;ubject it to an Ari&s;tocracy or Democracy.) So it is nece&s;&s;ary, offences come; yet &s;hall that never excu&s;e them by whom they come. And &s;o it many times happens, that men cannot avoid Gods judgments, and die; it is no con&s;e|quence therefore, that men &s;hould run them&s;elves into them, or kill them|&s;elves. It may be it is Gods will that my Father &s;hould die, or that he will de&s;troy my Country and Laws, &amp;c. It does not therefore follow, that a man may kill his Father, de&s;troy his Country, or endeavor to &s;ubvert the Laws thereof. Men are not alwaies obliged to conform their wills to Gods will, but to do what he wills and commands them. I am obliged to pray for my Parents and Country, when it is Gods will they &s;hould be de&s;troyed. It was Gods will, that <HI>Jeroboam,</HI> for <HI>Solomons</HI> &s;in, &s;hould be King of ten <NOTE PLACE="marg">1 <HI>King.</HI> 11. 13.</NOTE> Tribes of <HI>I&s;rael;</HI> yet becau&s;e the Tribes did will it, and not upon Gods command, he pronounced them eternal Rebels, and <HI>Jeroboam</HI> a Rebel, be|cau&s;e <NOTE PLACE="marg">1 <HI>King.</HI> 12. 19.</NOTE> he took it upon tho&s;e terms, 2 <HI>Chron.</HI> 13. 6. Nor do we find that ever <HI>I&s;rael</HI> joyed good day after: For the policy of <HI>Jeroboam,</HI> to continue <NOTE PLACE="marg">Comparethe&s;e times with the&s;e, and &s;ee the event</NOTE> his dominion over them, mu&s;t be preferred before Gods wor&s;hip and &s;er|vice; in order thereunto, <HI>Jeroboam</HI> mu&s;t take coun&s;el and make Calves, which he &s;ays brought the Children of <HI>I&s;rael</HI> out of <HI>Egypt;</HI> any Prie&s;ts were good enough to &s;acrifice to them, no matter whether they were Prie&s;ts, or of the Tribe of <HI>Levi,</HI> the lowe&s;t of the people would &s;erve the turn; <NOTE PLACE="marg">1 <HI>King.</HI> 12. 32, 33.</NOTE> yea for&s;ooth, <HI>Jeroboam</HI> him&s;elf could hold forth to the people, and burn
<PB N="41" REF="84"> incen&s;e, which before was peculiar to the Prie&s;ts. But it is a &s;trange thing, that this invented policie of <HI>Jeroboams</HI> for the keeping of the ten Tribes in their obedience to him, &s;hould be the cau&s;e of &s;o wonderful a Captivity, <NOTE PLACE="marg">2 <HI>King.</HI> 17. 21, 22, 23.</NOTE> that to this day it is unknown what became of them and their po&s;terity.</P>
<P N="16">16. <HI>Parum e&s;t jus, ni&s;i &s;unt qui po&s;&s;unt jura gerere:</HI> And men have al|ways <NOTE PLACE="marg">The mi&s;eries of men, when the Supreme power is re|jected or un|known.</NOTE> by woful experience found, that all Tyranny of a rightful and known Prince, is not to be compared with the mi&s;eries and calamities, where the Prince is not known, or rejected, but every popular and ambitious Man arrogates and u&s;urps to him&s;elf what &s;hould be ju&s;tly a&s;cribed to the lawful Prince. Nor does the calamities of mi&s;erable men in &s;uch a condition end &s;o; but God no where &s;hewed &s;o great a judgment, as upon tho&s;e men, <HI>(viz. Corah, Dathan,</HI> and <HI>Abiram)</HI> who rejected their rightful and known Prince, <HI>Num.</HI> 16. Nor does he ever denounce a more dreadful judgment, then upon tho&s;e men who re&s;i&s;t Higher powers, <HI>Rom.</HI> 13. How great then will his judgment be upon them who reject them?</P>
<P N="17">17. He is a natural Prince of right, or by the Law of Nature, who <NOTE PLACE="marg">Who is a Na|tural Prince <HI>de jure.</HI></NOTE> truly pre&s;cribes from &s;uch Ance&s;tors, that no mortal creature can make any ju&s;t exception, or &s;uperior claim. And &s;o great a Lover of Men, and Truth, is God, that &s;carce in all the world was it not known in any Nation, who was the rightful Prince thereof, when his Subjects did reject him.</P>
<P N="18">18. It is true, that there is no vi&s;ible power under Heaven, but only <NOTE PLACE="marg">Where there are diver&s;ities of titles, which is to be pre|ferred.</NOTE> mens Con&s;ciences that can direct them, where Titles of Princes come in que&s;tion: But where diver&s;ity of Titles are alleadged, that which is truly and indubitably mo&s;t antient, is the be&s;t; for it is a true rule in all de&s;cents what&s;oever, that, <HI>Dormit aliquando, nunquam moritur jus:</HI> But this mu&s;t be <HI>jus apparens;</HI> for, <HI>De non apparentibus, &amp; de non exi&s;tentibus, eadem e&s;t ratio.</HI> Whether the Title of the Heir general, or Heir male be better, we &s;hall treat more at large in <HI>Cap.</HI> of <HI>Succe&s;sion.</HI></P>
<P N="19">19. <HI>Jus</HI> is <HI>duplex, Proprietatis, &amp; Po&s;&s;e&s;sionis.</HI> And that this Right is <NOTE PLACE="marg">Who is a Na|tural King <HI>de facto,</HI> and not <HI>de jure.</HI></NOTE> divi&s;ible as well in Regality, as private mens E&s;tates, is demon&s;trated by <HI>para.</HI> 4. of this <HI>Chap.</HI> And if it be true, as it is, that no Being can be &s;uperior or better then the Cau&s;e of its being; then will it nece&s;&s;arily follow, that all Kings who inherit from U&s;urpers, cannot have a better title then that which the U&s;urpers had, &s;o long as a &s;uperior or better claim can be made by an|other. Nor do I fear to affirm, <HI>Hen.</HI> 4. <HI>Hen.</HI> 5. and <HI>Hen.</HI> 6. were natural Kings of <HI>England,</HI> and did inherit the Crown of <HI>England de facto,</HI> but not <HI>de jure.</HI></P>
<P N="20">20. Although nothing which is naught in the beginning, can be <NOTE PLACE="marg">How U&s;urpa|tion may be bettered.</NOTE> bettered by the continuance of time; yet may U&s;urpation, although naught in the beginning, be bettered in time, <HI>viz.</HI> if the U&s;urpation be of that continuance, that it outlives all claim that can be ju&s;tly made by an|other; for, Po&s;&s;e&s;&s;ion is title &s;ufficient again&s;t all men, who have no <HI>jus ad rem.</HI> Hence it was, I conceive, that <HI>Athaliah</HI> de&s;ired to cut off all the Royal &s;eed of the hou&s;e of <HI>Judah,</HI> 2 <HI>Chron.</HI> 23. And that all U&s;urpers do not think them&s;elves fafe in their u&s;urpations, unle&s;s they &s;ecure them&s;elves by attempting greater, <HI>viz.</HI> in de&s;troying all the Progeny of tho&s;e men, who can make a better and more &s;uperior claim then they have. Where therefore Democracies and Ari&s;tocracies, (if &s;uch many-headed bea&s;ts, by the Law of God or Nature, be &s;ufficiently qualified to be capable of this power) and Elective Monarchies have been of that continuance, that no &s;uperior claim can be made ju&s;tly by another; let them continue their
<PB N="42" REF="85"> po&s;&s;e&s;&s;ions &s;till, for all me: Yet would I not for any good in the world venture my life in any of them, or judge any man to death in any of them, unle&s;s it could be made appear that God, or the Law of Nature did ever in&s;titute any &s;uch things, or that any where in the world they were not u&s;urped, or introduced by them who had no right to do it. But however, it is a mo&s;t unrea&s;onable thing, that their actions of Adoption and Election &s;hould be taken for precedents in rightful Hereditary Monarchies, which cannot admit them without a total di&s;&s;olution, and do ju&s;tly attribute their Governments to a higher then humane cau&s;e.</P>
<P N="21">21. Where in Hereditary Monarchies the whole Line is extingui&s;hed, <NOTE PLACE="marg">Wherein the deci&s;ion is to be by Lot.</NOTE> there the deci&s;ion is to be by Lot; for, <HI>The lot is cast into the lap, but the whole di&s;po&s;ition of it is of the Lord, Pro.</HI> 16. 33. But if any one gets the po&s;&s;e&s;&s;ion before &s;uch di&s;po&s;ition, his Title by the antecedent propo&s;ition is good enough; be&s;ides we have demon&s;trated by <HI>para. cap.</HI> 1. <HI>lib.</HI> 1. that <HI>Jus primi occupantis</HI> is good by the Law of Nature.</P>
<P N="22">22. If it be <HI>Mi&s;era &s;ervitus, ubi Jus e&s;t vagum aut incognitum;</HI> a mi&s;e|rable <NOTE PLACE="marg">How ble&s;&s;ed and happy men are, where Su|preme powers and Laws are certain.</NOTE> &s;ervitude, where the Law (our Lawyers by <HI>Jus.</HI> under&s;tand Law) is wandring&punc; or unknown: Then by the Rule of contraries, it is a happy Freedom, where the Law is certain and known, to which a man may &s;afely and &s;ecurely direct his actions. If it be a mi&s;erable &s;lavery, where the Law is wandring and unknown; how much more mi&s;erable a &s;lavery is it, where the Supreme Power is wandring and unknown? What confu&s;ions, mur|ders, rapine and &s;poil of all things &s;acred and civil, mu&s;t men nece&s;&s;arily fall under? The woful and mi&s;erable condition of this Nation &s;ince our late Di&s;tractions, hath &s;ufficiently manife&s;ted the con&s;equence of it. If then &s;uch a condition be &s;o mi&s;erable, how happy then is that Nation, where by Gods mercy men are certain who is their Prince, and to whom they may &s;ecurely pay their obedience, and a&s;&s;uredly expect protection in their lives and e&s;tates? If there be nothing more &s;ervile and ba&s;e, then to be in&s;ulted and tyrannized over by them, who by no right command over us; how ingenuous and virtuous is it to be &s;ubject, where by all Divine and Humane laws we owe our obedience? For out of the offices of commanding and obeying, did never any man live; and where men will not be &s;ubject to them who may by right command over them, they &s;hall be &s;laves either to their own ambition, or to others, who by no right com|mand over them. And if it be mo&s;t woful and horrible by re&s;i&s;ting Higher Powers to incur damnation; (Note, the Apo&s;tle does not &s;ay, You mu&s;t <NOTE PLACE="marg"><HI>Rom.</HI> 13.</NOTE> needs be &s;ubject to Governments, and who&s;o re&s;i&s;ts Government &s;hall re|ceive to him&s;elf damnation; for the Empire of Thieves, Robbers and U&s;urpers, is Government; but to Higher Powers who have a right of command from God:) to what a condition then have men brought them|&s;elves, where either they are uncertain of the Supreme Power, and &s;o are either uncertain whether in their actions they incur this dreadful &s;entence; or el&s;e where they are certain where the Supreme Power is, and yet dare not for fear of their lives actively &s;ubmit to it. Who is the rightful <HI>Engli&s;h Soveraign,</HI> and to whom all <HI>Engli&s;hmen</HI> by all Laws of God and Man owe their obedience, is &s;o evident, that I never heard any man deny or di&s;pute it.</P>
<P N="23">23. The <HI>ratio finalis,</HI> or the end for which God hath ordained Kings, <NOTE PLACE="marg">The end for which Rega|lity was or|dained by God.</NOTE> is for the protection of them whom God hath committed to their charge and government; not only by all ju&s;t and due means to protect them from
<PB N="43" REF="85"> the outward violence and oppre&s;&s;ion of their outward Enemies, but al&s;o in peace inwardly, and by all means to &s;uppre&s;s all faction and &s;edition of am|bitious men, who would di&s;turb it. <HI>He cho&s;e David his &s;ervant, and took him</HI> <NOTE PLACE="marg"><HI>P&s;al.</HI> 78. 71, 72, 73.</NOTE> <HI>from the &s;heepfolds, as he was following the ewes great with young; he took him that he might feed Jacob his people, and I&s;rael his inheritance: So he fed them with a faithful and true heart, and ruled them with all his power.</HI> And that <HI>Kings may be nur&s;ing fathers, and Queens nur&s;ing mothers to Gods Church.</HI> <NOTE PLACE="marg"><HI>I&s;a.</HI> 49. 23.</NOTE> And con&s;onant to the&s;e revelations of God by the&s;e noble Prophets, is the declaration of the Saintly King <HI>Edward</HI> Confe&s;&s;or: <HI>Rex auiem qui e&s;t &s;ummi</HI> <NOTE PLACE="marg"><HI>Leg. S. Edw. cap.</HI> 19.</NOTE> <HI>Regis Vicarius, &amp; ad hoc con&s;titutus e&s;t, ut regnum &amp; populum Domini, &amp; &s;uper omnia &s;anctam eccle&s;iam regat &amp; defendat ab injurio&s;is, maleficos autem di&s;truat.</HI></P>
<P N="24">24. By this which hath been &s;aid, it is evident that the power of all <NOTE PLACE="marg">No power ari&s;es from Conque&s;t.</NOTE> Kings is alike and equal, <HI>viz.</HI> Supreme, and Gods Ordinance, and from the Law of Nature. The difference between Kings is only in the exerci&s;e of their power, &s;ome being contracted into narrower terms, and others of a more va&s;t extent and dilatation. Where therefore one King extends the exerci&s;e of his power into the dominion of another, by conque&s;t or other|wi&s;e, no new power ari&s;eth from hence, but only an exten&s;ion of the exerci&s;e of the old: And &s;o by con&s;equence, the inva&s;ion, u&s;urpation, or conque&s;t of Subjects or others, who before had no Regal power, cannot create any after.</P>
<P N="25">25. <HI>Naturalia determinantur ad maxima &amp; minima.</HI> There is nothing <NOTE PLACE="marg">How far, and when Con|que&s;t is to be obeyed and &s;ubmitted to.</NOTE> in Nature but bath its beginning, termination, and ending: And &s;o Regal power hath its beginning, termination, and ending from the Laws of Na|ture; and all men are to be &s;ubject to tho&s;e powers, where&s;oever they are: For no man, when he comes into the power of any Prince, whether he be his natural Soveraign, or nor, but is obliged and &s;ubject to the power of that Prince wherein he is; therefore if a <HI>Frenchman</HI> goes into <HI>Spain,</HI> or a <HI>Spaniard</HI> comes into <HI>England,</HI> they are &s;ubject to the powers of <HI>Spain</HI> and <HI>England,</HI> &s;o long as they continue there. And &s;ince it is impo&s;&s;ible that two Supreme powers can be in one place; where any one King comes to be in the exerci&s;e of another Kings power, he is &s;ubject to that King &s;o long as he continues in the exerci&s;e or dominion of that King. By more rea&s;on therefore ought the Subjects of any Prince to be in &s;ubjection to Supreme powers, &s;o long as they continue in the exerci&s;e of their power, whether it were by Conque&s;t, or not. Be&s;ides, God hath ordained Supreme powers for mens pre&s;ervation, not their de&s;truction. And there mu&s;t be &s;ome vi&s;ible power upon earth, which may put a period to and decide differences, or they will be endle&s;s: But there is no power under heaven, but their &s;word, that can put a period to the differences of Princes; what therfore in &s;uch ca&s;e the &s;word decides, ought to be obeyed; and the conquered Subjects, nay Princes who come into the dominion or exerci&s;e of anothers power, ought to be &s;ubject to it, &s;o long as they continue therein: God therefore pro|nounceth <HI>Zedekiah</HI> a Rebel again&s;t <HI>Nebuchadnezzer.</HI> But this rea&s;on cannot <NOTE PLACE="marg">1 <HI>Chro.</HI> 36. 13.</NOTE> hold for Subjects again&s;t their Soveraign, where the Law may decide their <NOTE PLACE="marg">Regal power cannot be transferred nor commu|nicated by any humane or voluntary act.</NOTE> differences, and where by no Law of God or Man they are permitted to take the &s;word.</P>
<P N="26">26. <HI>Cujus e&s;t velle, ejus e&s;t nolle:</HI> No power le&s;s then that which made any thing, can alter it: But Regal power is Gods ordinance; therefore nothing le&s;s then the power of God can alter, transfer, or communicate it.
<PB N="44" REF="86"> Yet is the exerci&s;e of it &s;ubject to violence: As, <HI>Gravia &s;ur&s;um, levia de|or&s;um feruntur;</HI> yet may a man by violence throw a &s;tone upward, and depre&s;s &s;moke from a&s;cending, without altering the nature of either. So though Regal power cannot be transferred nor communicated by Man, yet is the exerci&s;e of it not only &s;ubject to violence and u&s;urpation, but al&s;o being voluntary, may be &s;u&s;pended by Supreme powers them|&s;elves, without any diminution of the power or right of exerci&s;e of it. When therefore Subjects or Enemies do unju&s;tly invade and po&s;&s;e&s;s the Dominion of another, this po&s;&s;e&s;&s;ion does not dive&s;t the right or <HI>jus ad rem</HI> of that other, but only &s;u&s;pend the exerci&s;e of the others power or right during &s;uch u&s;urpation. So may a King by a league or peace with others by his act, &s;u&s;pend the exerci&s;e of his power in any place unju&s;tly u&s;urped from him by others, yet without diminution of his power or right to that place: But this act cannot oblige his Succe&s;&s;or, nor him&s;elf after &s;uch term, but they have a ju&s;t cau&s;e of war if it be no<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> re&s;tored.</P>
<P>Having thus far treated of the efficient or final cau&s;e of Regal power, it is time to de&s;cend to the Attributes of it.</P>
</DIV3>
<DIV3 N="3" TYPE="chapter">
<HEAD>CHAP. III. Of the Attributes of Regal power, and incidently of the Power of Magi&s;trates.</HEAD>
<P N="1">1. WHo hath the Supreme power, hath the &s;word of Ju&s;tice to puni&s;h <NOTE PLACE="marg">The &s;word of Ju&s;tice is his, who hath the Supreme power.</NOTE> them who tran&s;gre&s;s Laws, and endeavour to cau&s;e &s;edition: <HI>He is the Mini&s;ter of God to thee for good; but if thou do that which is evil, be afraid, for he beareth not the &s;word in vain; for he is the Mini&s;ter of God, a revenger to execute wrath upon him that doth evil,</HI> Rom. 13. 4. <HI>And Gods rod in his hand,</HI> Exod. 17. 9.</P>
<P N="2">2. The end of all Government is, either to pre&s;erve the governed in|wardly <NOTE PLACE="marg">The power of making War and Peace, belongs to the Supreme power.</NOTE> in peace, or to defend them from the outward violence and oppo|&s;ition of others. In vain therefore &s;hould Government be, if he who hath the Supreme power, may not as well defend Subjects from the violence of others outwardly, as to pre&s;erve them from factions and feditions within. And this power God gave to <HI>Mo&s;es, Jo&s;huah, David,</HI> and all the Kings of <HI>Judah;</HI> nor can any King be a Supreme Prince without it, nor the governed in a probable condition of hoping for pre&s;ervation from it.</P>
<P N="3">3. Judgment is the determining of a good or bad action, which can|not <NOTE PLACE="marg">All Judgment is with him.</NOTE> be in any who is &s;ubject to another. What therefore could be a more &s;ubtile temptation of the Devil to our fir&s;t Parents, then to tell them, <HI>Gen.</HI> 3. 5. that by eating the forbidden fruit, they &s;hould be like to God, knowing good and evil. <HI>Solomon,</HI> as the mo&s;t requi&s;ite thing, prays to God, that he would give him an under&s;tanding heart, that he might be able to judge be|tween good and bad, 1 <HI>King.</HI> 3. 9. And, <HI>The King by judgment e&s;tabli&s;heth the land,</HI> Pro. 29. 4. And, <HI>Give the King thy judgments, O God, and thy righteou&s;ne&s;s to the Kings Son, that he may judge the people according to right, and defend the poor,</HI> P&s;al. 72. 1, 2.</P>
<P N="4"><PB N="45" REF="86"> 4. The right of making Laws is with him: <HI>The Scepter &s;hall not depart</HI> <NOTE PLACE="marg">Jus legi&s;lati|vum penes eum.</NOTE> <HI>from Judah, nor a Lawgiver from between his feet, until Shilo come,</HI> Gen. 49. 10. <HI>Submit your &s;elves therefore to every ordinance of man for the Lords &s;ake, whether it be to the King as Supreme,</HI> 1 Pet. 2. 12. And this is the onely vi&s;ible means by which Subjects may become &s;afe, rich and happy.</P>
<P N="5">5. In puni&s;hment, Equals cannot judge Equals, much le&s;s can Inferiors <NOTE PLACE="marg">That he does all things without pu|ni&s;hment.</NOTE> judge Superiors: But a Supreme Prince cannot have an Equal, much le&s;s a Superior; therefore a Supreme Prince cannot be puni&s;hed. If a Supreme Prince might be puni&s;hed for any thing he doth, then cannot he do any thing but he will be liable to puni&s;hment for &s;o doing: For, what property can he give to one, which will not offend &s;ome other? Nor did the verie&s;t Thief or Murderer ever &s;uffer puni&s;hment, but &s;ome of his Comrades would &s;eek revenge, and if they might, would puni&s;h the Lawgiver. Be&s;ides, who &s;hall judge his Prince? If any one, then every one may. <HI>Let no man there|fore be ha&s;ty to go out of his &s;ight, nor &s;tand in an evil thing, for he doth what|&s;oever plea&s;eth him. Where the word of a King is, there is power, and who &s;hall &s;ay unto him, what doe&s;t thou?</HI> Eccle&s;. 8. 3, 4. <HI>The Lord forbid that I &s;hould do this thing unto my Ma&s;ter the Lords Anointed, to &s;tretch forth my hand again&s;t him, &s;eeing he is the Lords Anointed,</HI> 1 Sam. 24. 6.</P>
<P>It may &s;eem to &s;ome, that this unlimited power of doing any thing <NOTE PLACE="marg">Annot.</NOTE> with impunity, will only beget a confidence in Kings of doing what they li&s;t, without ever taking care of their duty in pre&s;erving their Subjects from inte&s;tine broils and factions, and from the outward force and violence of their Enemies; whereas (more narrowly looked into) no men are &s;o &s;ubject to care, and have their wills le&s;s then they: For, private men, if they do any thing in their pa&s;&s;ion, their fame and fortunes are alike, neither much removed from their per&s;ons, few take notice of it: But they who are &s;et in high place, all men take notice of their actions. In the greate&s;t Fortune therefore, is the lea&s;t Liberty; and that which in other men is termed Anger, in them is called Pride and Tyranny. Be&s;ides, in private men it is enough that they them&s;elves do well; but Princes mu&s;t have a care, that neither they, nor their Mini&s;ters do ill.</P>
<P N="6">6. <HI>Tibi &s;oli peccavi,</HI> &s;ays the P&s;almi&s;t, <HI>P&s;al.</HI> 50. Humane Laws are the <NOTE PLACE="marg">The Supreme power is not obliged by his own Laws.</NOTE> organs or in&s;truments of the Power that governeth; they cannot therefore extend them&s;elves to bind him from whom they are derived; for, <HI>Omnis potentia activa, e&s;t principium tran&s;mutandi aliud.</HI> Be&s;ides, the Prince may free other men from the obligation of the Laws, and therefore much more him&s;elf: And if Supreme Princes were obliged by their own Laws, then were Humane Laws, as well as the Laws of Nature, eternal and immutable, which is ab&s;urd; nor could Humane Laws protect Subjects, when any thing happens (which comes to pa&s;s every day) that was not fore&s;een at the making of the Laws. Humane Laws are made to oblige and pre&s;erve the governed, <HI>nece&s;sitate coactionis;</HI> but they cannot have any obligation upon Lawgiver who is the Supreme power, unle&s;s a man will grant that an Effect may be prime and &s;uperior to the Cau&s;e. Nor were ever other Govern|ments &s;ubject to their own Laws. <NOTE PLACE="marg">No man hath any thing pro|per again&s;t the Supreme power.</NOTE></P>
<P N="7">7. No Subject hath any Property (except Eccle&s;ia&s;ticks) but by the Laws of his Country: But by the precedent Propo&s;ition, no Supreme Prince can be obliged by his own Laws, and therefore no Subject can have property again&s;t him. If any Subject had property again&s;t the Supreme
<PB N="46" REF="87"> power, then could not the Supreme power impo&s;e a Forfeiture of Goods in ca&s;e of <HI>Praemunire,</HI> Attaint, Conviction of Trea&s;on or Felony: But the Con&s;equence is fal&s;e, and therefore the Antecedent is fal&s;e, That any man hath any property again&s;t the Supreme power. Be&s;ides, there could no Fine, nor Fine and Recovery be levied or &s;uffered, if he in Rever&s;ion or Remainder had property again&s;t the Supreme power: Nor could an Act of Parliament enable Tenant for life to make &s;ale of his E&s;tate.</P>
<P>It is remarkable, that the Children of <HI>I&s;rael</HI> &s;hould not be content to <NOTE PLACE="marg">Annot.</NOTE> have God to reign over them immediately, who did him&s;elf give them Laws, being enquired of by the High-Prie&s;t. <HI>Samuel</HI> might well &s;ay therefore unto them, <HI>Ye &s;hall cry in that day becau&s;e of your King, which</HI> (not ye &s;hall choo&s;e, but which) <HI>ye &s;hall have cho&s;en you, and the Lord &s;hall not hear you in that day,</HI> 1 Sam. 8. 18. For Gods ways and actions are always perfect, whereas by the rea&s;on of humane frailty, the be&s;t mans actions are &s;ubject to imperfections. But if it &s;eems grievous to any man, that he holds his goods at the will of another; let him con&s;ider, that God, &s;ince <HI>Adam,</HI> did never give any Nation (but only the Children of I&s;rael) Property, but always u&s;ed the mediation of his Vicegerents: And &s;ince Property mu&s;t be derived from &s;ome Humane act, (for the Law of Nature gives none but to Supreme Princes; and therefore the po&s;&s;e&s;&s;ions of Kings are called <HI>Sacra patrimonia,</HI> becau&s;e Kings have no Superior but God Almighty: <HI>Proedium Domini Regis e&s;t directum dominium, cujus nullus Author e&s;t ni&s;i Deus.)</HI> How <NOTE PLACE="marg">Sir <HI>Ed. Co. Com.</HI> on <HI>Lit. p.</HI> 1. 6.</NOTE> much better is it for Subjects to hold of one Man, then of many? For no|thing can be objected again&s;t one, but will have more force again&s;t many: And let any man &s;hew me in the&s;e la&s;t five hundred years, any Subjects e&s;tate taken from him without due and legal proceeding, by the act of any of the Kings of <HI>England;</HI> and I will &s;hew him five hundred, who not being liable to any puni&s;hment by Law, have been ruined them&s;elves and their families in &s;even years, and that for ob&s;erving the Laws, and again&s;t the will of the King.</P>
<P><LABEL>Obj.</LABEL> But many Actions have been brought again&s;t the King; which, if no <NOTE PLACE="marg"><HI>Annot.</HI> 2.</NOTE> man hath Property again&s;t him, may &s;eem incon&s;i&s;tent. </P>
<P><LABEL>An&s;w.</LABEL> But the que&s;tion here is not, what the King may do, but what he hath done; Not what the King may declare Law, but what he hath already de|clared Law.</P>
<P N="8">8. Maje&s;ty is from the Law of Nature immediately; but the power <NOTE PLACE="marg">Power of Ma|gi&s;trates from him.</NOTE> of Magi&s;trates is not &s;o, but mediately, that is, from him who hath the Supreme power. Magi&s;tracie is the in&s;trument or organ by which Maje&s;ty is conveyed to every place, whither its own power is extended: And as Maje&s;ty is re&s;trained to the Laws of Nature, and is accountable to God for all the omi&s;&s;ions and tran&s;gre&s;&s;ions of them; &s;o Magi&s;trates are re&s;trained to Humane Laws, and ought to give an account of their actions to him that hath the Supreme power. And as no man can offer violence or contempt to Humane Maje&s;ty, but it is a contempt and violence to the Maje&s;ty of Heaven; &s;o no man can offer violence to, or contemn Magi&s;trates, but it is done to Humane Maje&s;ty, from whence their authority is derived. Wherefore Subjects mu&s;t &s;ubmit to Governors who are &s;ent by Kings, 1 <HI>Pet.</HI> 2. 14.</P>
<P>By this Propo&s;ition it is evident, that although Supreme power can|not <NOTE PLACE="marg">Annot.</NOTE> be divided, yet the exerci&s;e of it may: For where a King is an Enfant,
<PB N="47" REF="87"> he cannot exerci&s;e his power, who can neither act any thing, nor expres what he would have done; nay it is impo&s;&s;ible for the be&s;t and wi&s;e&s;t King that ever was, to exerci&s;e his power every where; for one body can be but in one place at once, though the power thereof may be diffu&s;ed every where, as the light and influence of the Sun is diffu&s;ed every where, although the body of it can be but in one place: And the exerci&s;e of power by Magi&s;trates, is like Gods governing the world by natural cau&s;es, who being the fir&s;t Mover of all things, produceth natural effects by the order of &s;econd cau&s;es. <HI>Jethro</HI> his coun&s;el to <HI>Mo&s;es</HI> therefore is to be taken; <HI>Thou wilt &s;urely weare away, both thou, and this people that is with thee: for this thing is too heavy for thee; thou art not able to perform it thy &s;elf alone. Exod.</HI> 18. 18.</P>
<P N="9">9. <HI>Quando lex aliquid alicui concedit, concedere videtur &amp; id, &s;ine quo res</HI> <NOTE PLACE="marg">The Right of calling A&s;&s;em|blies belongs to Chri&s;tian Kings.</NOTE> <HI>ip&s;a e&s;&s;e non pote&s;t;</HI> where any Law Divine or Humane, does give any thing, it gives all the means, by which this otherwi&s;e could not be had. And that God by the Law of Nature has given Kings a power to protect their Sub|jects, we have &s;ufficiently demon&s;trated; but it is impo&s;&s;ible Princes &s;hould protect and govern their Subjects, if they might not rule their actions. Now all actions and motions are either regular or irregular: All regular motions and actions may be reduced to one certain beginning; where the beginning is not one, and certain, there they may be called commotions or con|fu&s;ions, rather then motions or regular actions. But all A&s;&s;emblies are mo|tions, and therefore they mu&s;t be reduceable to &s;ome one certain principle, or they are irregular or commotions: If then Chri&s;tian Princes have not a right of calling A&s;&s;emblies, but others as well as they; then mu&s;t it either nece&s;&s;a|rily follow that Chri&s;tian Princes have not power &s;ufficient to govern and protect their Subjects, and that their Subjects motions cannot be regular and orderly, but confounded and irregular, and &s;o the law of nature, and the end for which God ordained Princes, inverted. For my part, I will not di&s;pute the Power of God in the planting of the Church, either under the old or new Law, how that he did di&s;pence with the actions and motions of his People and Mini&s;ters, and &s;et Father again&s;t Son, &amp;c. and that to make his Power known, he would plant his Church, notwith&s;tanding all Temporal Powers what&s;oever: but this I do affirm, that God after the de|liverance of the <HI>I&s;raelites</HI> out of <HI>Egypt,</HI> did give to <HI>Mo&s;es</HI> only this right of calling A&s;&s;emblies, as appears clearly by <HI>Numb.</HI> 10. 2. for only to him is the charge of making the Trumpets to call the congregation together; It is true, that <HI>ver&s;.</HI> 8. <HI>the &s;ons of</HI> Aaron <HI>&s;hall blow with their Trumpets.</HI> but neither <HI>Aaron</HI> nor the Prie&s;ts had any Power to make them, but only <HI>Mo&s;es;</HI> they mu&s;t therefore have them from him, and be his In&s;truments; and this Power was given to <HI>Mo&s;es</HI> as the &s;upreme Magi&s;trate, and not as High Prie&s;t, for <HI>Aaron</HI> was then High Prie&s;t, being before con&s;ecrated, <HI>Levit.</HI> 8. Nor was this Right given per&s;onally to <HI>Mo&s;es,</HI> but as <HI>a Law to la&s;t for ever.</HI> If any allegation be made again&s;t <HI>Mo&s;es</HI> becau&s;e he was a Prie&s;t, it mu&s;t cea&s;e with <HI>Io&s;hua</HI> and the Kings after him, who were none; for <HI>Io&s;hua</HI> by virtue of this ever la&s;ting Law did call an A&s;&s;embly of all the Tribes, and there|fore of <HI>Levi,</HI> to <HI>Sichem,</HI> and <HI>ver&s;.</HI> 28. di&s;&s;olved it. After him did <HI>David,</HI> <NOTE PLACE="marg"><HI>Jo&s;hua.</HI> 24. 18. 1 <HI>Chro.</HI> 15. 4. 11.</NOTE> call the High Prie&s;t, and other Prie&s;ts, not to con&s;ult of any &s;ecular affair, but about the removing the Ark; and afterward, 1 <HI>Chron.</HI> 23. 2. he gathered together all the Lords of <HI>I&s;rael,</HI> with the Prie&s;ts and Levites; and as he called them together, &s;o his di&s;mi&s;&s;ed them, 1 <HI>Chron.</HI> 16. 43. The like did <HI>Solo|mon</HI>
<PB N="48" REF="88"> when the Temple was dedicated, called the A&s;&s;embly, 2 <HI>Chron,</HI> 5. 2. di&s;&s;olved it, <HI>cap.</HI> 7. 10. The like did <HI>A&s;a,</HI> when Religion was re&s;tored, and a &s;olemn Oath of a&s;&s;ociation for the re&s;toring of it. <HI>Jeho&s;ophat</HI> did it when <NOTE PLACE="marg">1 <HI>Chro.</HI> 15. 2 <HI>King.</HI> 10. 20. 2 <HI>Chro.</HI> 34. 29, 30. 2 <HI>Chro.</HI> 29.</NOTE> he proclaimed a publick Fa&s;t, 2 <HI>Chron.</HI> 20. 3. <HI>Jehu</HI> a&s;&s;embled them, when a &s;olemn Sacrifice was to be performed. <HI>Joa&s;h,</HI> in a ca&s;e of Dilapidations. <HI>Jo&s;ias,</HI> when the Temple was to be purified, and a ma&s;s of &s;uper&s;tition to be removed. <HI>Hezekiah</HI> made a law for the Prie&s;ts and all their brethren to a&s;&s;emble, and in conformity to that law they did a&s;&s;emble; nor was this <NOTE PLACE="marg"><HI>v.</HI> 15.</NOTE> A&s;&s;embly for any other thing then to clean&s;e the hou&s;e of God, and for the affairs of the &s;ervice of God, being things meerly &s;piritual. And &s;ince that God hath promi&s;ed, that Kings &s;hall be nur&s;ing fathers, and Queens nur&s;ing mothers to his Church, it mu&s;t be meant of Chri&s;tian Kings; for this could not be of <HI>Jo&s;ias,</HI> becau&s;e he was a King at the time of this prophecy, or before; it could not therefore be meant of him, for the prophecy is <HI>de fu|turo, Kings &s;hall be, &amp;c.</HI> Nor could it be meant of the Kings of <HI>Judah</HI> after him, for they were all Idolaters, and per&s;ecutors of Gods Church. It was therefore meant of Chri&s;tian Kings: And how Kings can be Kings or Su|preme powers, without this right, I do not under&s;tand: Nor can that &s;ay|ing of our Saviour's cau&s;ing of wars and di&s;traction, be otherwi&s;e rea&s;on|ably under&s;tood, but only where Kings and Supreme powers have not re|ceived the Faith. And that Chri&s;tian Kings did generally exerci&s;e this power after they became Chri&s;tians, we &s;hall &s;hew hereafter.</P>
<P N="10">10. He is a rightful Supreme Governor, who is a Sword-bearer, that is, <NOTE PLACE="marg">Who is aright|ful Supreme Governor.</NOTE> whom God hath cho&s;en to be his Mini&s;ter; who hath not taken the &s;word, excited thereunto neither from any ambitious or &s;pightful pa&s;&s;ion or affecti|on, either of him&s;elf or other men: That may make, and abrogate Laws, determine all Controver&s;ies by him&s;elf or &s;uch Judges as he &s;hall appoint, choo&s;e Magi&s;trates and Councellors, and in whom is the power of making War and Peace. Nor did God give Kings to them only over whom he did reign by Covenant, but al&s;o to Heathens who had not known him; as to the <HI>Per&s;ians, Syrians, A&s;&s;yrians, &amp;c.</HI> he gave <HI>Cyrus, Hazael, Nebuchad|nezzar, &amp;c.</HI> And all antique Hi&s;tory &s;peaks only of the Government by Kings; as <HI>Ju&s;tin</HI> &s;ays, <HI>Principio rerum, gentium, nationumque imperium penes Reges erat;</HI> before any other Government was u&s;urped and made by Men.</P>
<P N="11">11. He is a Tyrant, who is a Sword-taker; who in &s;tead of executing <NOTE PLACE="marg">Who is a Tyrant.</NOTE> the wrath of God upon offenders, again&s;t all Law kills and murders them who are not of his own faction; who hath no power from God, but only force from the wills of incon&s;tant and &s;editious men. As <HI>Ho&s;.</HI> 8. 4. &s;ays, <HI>They have &s;et up Kings, but not by me; they have made Princes, and I knew it not.</HI> Nor is it the Command of One, which makes Tyranny: The <HI>Grecians</HI> them&s;elves called the Council of the Thirty, after the <HI>Athenians</HI> were &s;ub|dued by the <HI>Lacedemonians,</HI> the <HI>Thirty Tyrants of Athens.</HI></P>
<P>I am confident there was never any thing &s;o wildly and variou&s;ly <NOTE PLACE="marg"><HI>Annot.</HI> 1.</NOTE> ghe&s;&s;ed at, as the manner how Dominion and Power came into the world, by tho&s;e men who derive all power from the People originally. <HI>Bodin, cap.</HI> 6. <HI>de Rep. p.</HI> 46. makes all Dominion to be gotten at fir&s;t by force; and <HI>pag.</HI> 46. <HI>d.</HI> he &s;ays, It is very like, that without greate&s;t force and break|ing down the Laws of Nature, Liberty could not be taken away. And many men will not di&s;tingui&s;h between Force and Power, but only in the
<PB N="49" REF="88"> po&s;&s;e&s;&s;ion. And &s;ure <HI>Athaliah</HI> was as much po&s;&s;e&s;&s;ed of the Crown of <HI>Judah,</HI> and as quietly as any King before or after her, for &s;ix years; and yet I do not find <HI>Jehojadah</HI> or the people reprehended for re&s;toring <HI>Joa&s;h.</HI> And the children of I&s;rael did not rebel, while they could quietly place <NOTE PLACE="marg">2 <HI>Chro.</HI> 13. 7.</NOTE> <HI>Jeroboam</HI> over them; but <HI>Jeroboam</HI> was declared a Rebel, after he was po&s;&s;e&s;&s;ed.</P>
<P N="12">12. When they over whom God hath given power, &s;hall &s;ubmit them|&s;elves <NOTE PLACE="marg">What is a rightful Go|vernment.</NOTE> to that power, this is a rightful Government: When all who owe their &s;ubjection, &s;hall accept and receive the Laws of him, who by Right (that is, by Birth, Revelation, Lot, Fir&s;t po&s;&s;e&s;&s;ion, or ju&s;t Conque&s;t) ought to command. As the Children of I&s;rael an&s;wered <HI>Jo&s;hua; All that thou commande&s;t we will do, and whither&s;oever thou &s;ende&s;t we will go: Accord|ing as we hearkened unto</HI> Mo&s;es <HI>in all things, &s;o will we unto thee; only the Lord thy God be with thee, as he was with</HI> Mo&s;es: <HI>Who&s;oever he be that does rebel against thy commandment, and will not hearken unto thy words in all that thou commande&s;t him, he &s;hall be put to death.</HI> Jo&s;. 1. 16, 17, 18.</P>
<P N="13">13. <HI>Anarchy</HI> is like a <HI>vacuum</HI> in Nature; &s;o abhorrent, that the World <NOTE PLACE="marg">The &s;tate of Man out of power, is Ty|ranny.</NOTE> will rather return into <HI>Chaos,</HI> then &s;uffer it. And therefore <HI>Cicero, lib.</HI> 3. <HI>de legibus,</HI> &s;ays truly, <HI>Sine imperio neque domus ulla, nec civitas, nec gens, nec hominum univer&s;um genus &s;tare, nec ip&s;e denique mundus, pote&s;t.</HI> 'Tis no wonder therefore if &s;editious men, when they have put them&s;elves out of power, are glad to &s;ubmit to <HI>Tyranny,</HI> rather then be overwhelmed with the <HI>Chaos</HI> and confu&s;ion of <HI>Anarchy.</HI></P>
<P>Yet it is &s;aid <HI>Judg.</HI> 17. 6. &amp; 21. 25. <HI>In tho&s;e days there was no King in</HI> <NOTE PLACE="marg">Annot.</NOTE> <HI>I&s;rael, but every man did what was right in his own eyes:</HI> So it may &s;eem that men may &s;ub&s;i&s;t in an <HI>Anarchy.</HI> It is true indeed, there was no man that was King in tho&s;e days in I&s;rael; nor was there then that ab&s;olute nece&s;&s;ity of one; for God had given them Property, and did govern the I&s;raelites, and they did enquire judgment of God, who did an&s;wer, <HI>cap.</HI> 20. 18. And men did in tho&s;e dayes commerce and exchange one with another; which is evident by <HI>Micha's</HI> contracting with her Levite-Prie&s;t, for ten &s;hekels of &s;ilver by the year, a &s;uit of apparel, and his victual, <HI>ch.</HI> 17. 10.</P>
<P N="14">14. Princes do tran&s;gre&s;s their power, when they command any <NOTE PLACE="marg">Wherein Princes do tran&s;gre&s;s their power.</NOTE> thing contrary to what God hath commanded, or derogatory to the wor|&s;hip and &s;ervice of God; when they make unju&s;t War; when they pro|nounce Judgment not according to the declared and known Laws, but puni&s;h either by pa&s;&s;ion, or to plea&s;e factious men, as in the Earl of <HI>Straffords</HI> Ca&s;e; or pa&s;s &s;entence again&s;t one unheard, as in <HI>Cromwell</HI> Earl of <HI>E&s;&s;ex</HI> his Ca&s;e.</P>
<P>I &s;ay, not puni&s;h upon pa&s;&s;ion, or to plea&s;e men: For as the &s;tate of <NOTE PLACE="marg">Annot.</NOTE> affairs may be &s;tated, Princes may puni&s;h, though not in a Judicial manner; as when Subjects are in Arms again&s;t their Soveraign. Nor do I think that any unintere&s;ted Ca&s;ui&s;t will deny, that <HI>Henry</HI> the Third of <HI>France</HI> did ju&s;tly put <HI>Henry</HI> Duke of <HI>Gui&s;e</HI> to death, though not judicially; the Duke having taken Arms again&s;t him, and made him flie out of <HI>Paris,</HI> fomented &s;editions again&s;t him, and taken pen&s;ions of the King of <HI>Spain</HI> to maintain war in <HI>France,</HI> and become &s;o popular, as the King had no means to proceed le|gally again&s;t him.</P>
<P N="15">15. <NOTE N="*" PLACE="marg">How careful Princes ought to be in com|manding, or making of Laws.</NOTE> The perfection of Government con&s;i&s;ts fir&s;t and chiefly, that the Governor have a perfect and indubitable Title, again&s;t which no ju&s;t ex|ception
<PB N="50" REF="89"> can be taken. Secondly, that the Governor makes it his chiefe&s;t care, that the Religion, or Wor&s;hip and Service of God be duly admini&s;tred. And thirdly, that he does endeavor by known and e&s;tabli&s;hed Laws to ad|mini&s;ter Judgment and Ju&s;tice indifferently to his Subjects, with careful moderation of the &s;everity of the Laws, whereas men by no fault of theirs incur the &s;everity of them. And la&s;tly, by all ju&s;t and due means to endeavor the pre&s;ervation of his Subjects from the oppre&s;&s;ion and violence of Forein|ers, and to maintain Peace and Commerce with his neighboring Nations. Such was our Government before our unhappy differences; and &s;uch by Gods grace do I hope to &s;ee it again.</P>
<P N="16">16. It were a fine may-game to be a King, if Kings might make their <NOTE PLACE="marg">How careful Princes ought to be in com|manding, or making Laws.</NOTE> Will the rule of their actions. It is true indeed, God hath not in all things commanded Kings what Laws they &s;hall govern their Subjects by: yet this natural law are all Princes obliged to, that their Laws by which they govern do more relate to the good of their Subjects in general, then their own par|ticular intere&s;t: And no que&s;tion but a King commits a more grievous &s;in doing any unju&s;t thing to any of his Subjects, then if another had done it, in regard of the relations which are between them; as a Fathers doing an unju&s;t thing to his Child, is a greater &s;in then if another had done it, by how much by the Law of Nature he ought to have done well to his Child, rather then another. Princes therefore by the Law of Nature, in governing, ought to have more re&s;pect to the general good of their Subjects, then their own particular intere&s;t. Yet is Magnificence a Royal virtue; and therefore ought not the Revenues of the Crown to be parted with, by which it &s;hould be maintained: Nor would it conduce to the benefit of the Subjects in ge|neral, to make the Revenues of the Crown poor: Where Maje&s;ty grows contemptible, the exerci&s;e of Regal power is never permanent. Princes therefore ought to have a great care, that by their vices, prodigality of the Revenues of the Crown, remi&s;s governing, or by &s;o giving it over to others that they &s;o much neglect it in them&s;elves, as to make them&s;elves vile and contemptible.</P>
<P N="17">17. Though God hath not commanded Kings in all things, what are <NOTE PLACE="marg">Princes ought not to be o|beyed, when they com|mand in dero|gation of Gods Maje&s;ty. 1 <HI>Sam.</HI> 12. 14. <HI>ver&s;.</HI> 25.</NOTE> the Laws by which they &s;hall govern; and therefore divers Kings govern their Subjects by &s;everal Laws, as their Subjects differ in nature and man|ners: Yet hath he forbidden all Kings to make Laws derogatory to his Divine Maje&s;ty. <HI>Samuel</HI> therefore threatens <HI>Saul,</HI> as well as the <HI>I&s;raelites,</HI> that if he or they di&s;obey God, and do wickedly, they &s;hall peri&s;h both they and their King. And it was to <HI>Saul</HI> that God &s;aid, that <HI>Rebellion was as the &s;in of witchcraft, and &s;tubborne&s;s as the wickedne&s;s of idolatry.</HI> Nor was the &s;in of the I&s;raelites in committing idolatry, under the Kings of <HI>Judah</HI> and <HI>I&s;rael,</HI> the le&s;s, though the King commanded it: Nor did God &s;carce <NOTE PLACE="marg">1 <HI>Sam.</HI> 15. 23.</NOTE> ever &s;hew a greater miracle, then in delivering the <HI>Three Children,</HI> and <HI>Daniel,</HI> di&s;obeying the Kings wicked commandment. Princes therefore ought not to be obeyed in commanding things derogatory to the Maje&s;ty of God.</P>
<P N="18">18. Nor ought Princes to be obeyed, when they command any thing <NOTE PLACE="marg">Or contrary to Religion.</NOTE> contrary to Religion; for, <HI>The kingdom of Heaven and the righteou&s;ne&s;s thereof is first to be &s;ought:</HI> But the kingdom of Heaven is only to be &s;ought by Faith and Religion. <HI>Daniel</HI> therefore &s;inned not, when he obeyed not <HI>Darius</HI> in praying to God. Nor do all our Parliamentary Laws add any thing to
<PB N="51" REF="89"> the obligation of mens wor&s;hip and &s;ervice of God, in the Unity and Form of the Church of <HI>England;</HI> for men were as much obliged in Con&s;cience before &s;uch Laws, as after. Not but that Kings ought to have as great, or greater care of pre&s;erving unity and peace in Gods Church, as in their Temporal Dominions; and therefore may puni&s;h di&s;turbers of the peace of the Church, as well as the State: Yet when the Temporal Magi&s;trate &s;hall arrogate to him&s;elf a power which our Saviour only left to his Church, and make all Eccle&s;ia&s;tical rights and con&s;titutions depending and &s;ubordinate to the Civil, whereby the Enemies of our Church have taxed our Religion not for Chri&s;tian, but Parliamentary; no doubt but it is a crying &s;in, and I wi&s;h there had never been any &s;uch thing among us.</P>
<P N="19">19. And as God is to be obeyed before men, in all things which con|cern <NOTE PLACE="marg">Or the Laws of Nature.</NOTE> Faith and Religion; &s;o in the ob&s;ervance of the Laws of Nature, is God to be obeyed before men. As if a King commands me to di&s;honor my parents, this can be but a Humane law; but to honor my parents, is a law which God hath written in my heart, and therefore ought to be preferred. If a King commands his Subjects to di&s;honor him, or to deny obedience to him, this is but a Humane law; whereas by the law of Nature I ought to honor and obey my King: I therefore ought not to obey &s;uch a law. <HI>Amurath</HI> the Second of that name, King of the <HI>Turks,</HI> upon a Vow re&s;igned his Kingdom to his &s;on <HI>Mahomet;</HI> yet upon the League made by <HI>Uladi&s;laus</HI> King of <HI>Pole</HI> and <HI>Hungary,</HI> with other Chri&s;tian Princes again&s;t him, he re|&s;umed his Regal authority, and &s;o kept it until his death: And &s;o might <HI>Charls</HI> the Fifth, if he had plea&s;ed; nor was <HI>Philip</HI> any other then an In|&s;trument of his Fathers, during his Fathers life.</P>
<P>The King makes a Law, giving the &s;ucce&s;&s;ion of the Crown from the right Heir: This ought not to be received; for Princes inherit by a higher Law then Humane.</P>
<P N="20">20. The King commands a Judge to pervert Judgment; the Judge <NOTE PLACE="marg">Or to per|vert Judg|ment.</NOTE> ought to give true Judgment; for all Humane Laws (in peaceable times) ought to be <HI>&acirc; priori,</HI> and proclaimed that all men after &s;uch a time &s;hould ob&s;erve them. This verbal command of the King wanting this formality, and it being impo&s;&s;ible for the Judge to ob&s;erve both the&s;e commands; he ought, notwith&s;tanding this verbal command, to give Judgment ac|cording to Law.</P>
<P>The King, when there is no nece&s;&s;ity or publick danger, commands me <NOTE PLACE="marg">Quaere.</NOTE> who am no publick Executioner, without any Judicial &s;entence to put a man to death, for which he can make no compen&s;ation: As <HI>Davids</HI> com|manding <HI>Joab</HI> to murder <HI>Uriah;</HI> although we find <HI>David</HI> only reprehended and puni&s;hed therefore, yet &s;ure if <HI>Joab</HI> had not fulfilled <HI>Davids</HI> wicked command, he had not &s;inned.</P>
<P>But you may object, Who &s;hall judge whether this thing commanded be repugnant to Gods Maje&s;ty, Mans faith, Religion, or the Law of Nature; the King, or the Subject? I &s;ay, though the Subject hath not an equal right of judging with the King, whether this thing &s;hould be a Law, or not; yet every Subject hath a Con&s;cience, as well as the King, which mu&s;t dictate <NOTE PLACE="marg">Whether Kings dive&s;t them&s;elves of Regality, by commanding what they ought not.</NOTE> to him whether he ought to do, or not to do &s;uch a thing.</P>
<P N="21">21. But if the King commands things contrary to Gods Maje&s;ty, and Divine Laws, ought he not to be obeyed in tho&s;e things which do not con|tradict them? It is &s;o mad and wild an objection, as it is &s;carce worth an
<PB N="52" REF="90"> an&s;wering; unle&s;s a man will affirm, that my doing of an act which I ought not to have done, does dive&s;t me of Humane nature; or that a Fathers or Ma&s;ters commanding his Son or Servant what he ought not, doth annihi|late the relations of Father and Son, Ma&s;ter and Servant; or that Humane acts may di&s;&s;olve Humane relations. A Prince therefore ought to be obeyed in tho&s;e things which he ought to command as Prince, although he com|mand &s;uch things as he ought not.</P>
<P N="22">22. It may be it will be objected, That Temporal puni&s;hments being <NOTE PLACE="marg">Though in|flicting pu|ni&s;hment for not ob&s;er|vance.</NOTE> the u&s;ual concomitants for not ob&s;erving Humane Laws, a good and con|&s;cientious man may be puni&s;hed for what he ought not to have done. I &s;ay, his ca&s;e is the &s;ame with his Lords and Saviours, and all tho&s;e ble&s;&s;ed and glorious primitive Chri&s;tians and Martyrs, who &s;uffered for the te&s;ti|mony of a good con&s;cience. Nor hath God made Heaven &s;o ea&s;ie a prize, that it &s;hould be always won ea&s;ily and delicately, but many times by &s;uffer|ing and martyrdom.</P>
<P N="23">23. It is the mo&s;t u&s;ual thing with &s;editious men, before they enter <NOTE PLACE="marg">Whether Princes ought to be re&s;i&s;ted, where they are not to be obeyed.</NOTE> into open &s;edition, to prepare mens mindes with certain Ca&s;es, wherein Princes commanding things derogatory to Gods Honor, or the Subjects Liberty, that then in the pre&s;ervation of them&s;elves, and Gods honor, they ought to defend them&s;elves from the raging Tyrannie of Princes; and to be &s;ure, that what&s;oever they command, the&s;e good men will judge con|trary to Gods Honor, and the Liberty of the Subject.</P>
<P>It is worth the while, if a mans patience will give him leave, to look back upon the thing calling it &s;elf <HI>Parliament:</HI> how after they had made the King grant what&s;oever they could think might be beneficial to the Subjects, (though I might be &s;worne they never intended (as plainly ap|peared afterward) the good, benefit, or liberty of the Subject;) what pious ways they invented to make them&s;elves great, and &s;o good a Prince no|thing, and odious to his Subjects: As the demanding of &s;ix men, holding intelligence with his Subjects who had been in open ho&s;tility and rebellion again&s;t him, (an affront not to be endured by any King) to an ordinary and Legal Trial; this was not only denied, but Voted a Breach of the Priviledge of Parliament; whenas the Priviledge of Parliament extends not to &s;o much as breach of the Peace, much le&s;s to Trea&s;on. They pretend (though mo&s;t fal&s;ly) that in ca&s;e of extreme danger and nece&s;&s;ity, the <HI>Militia</HI> is in the Parliament, meaning them&s;elves, excluding the King: And then create Dangers, and write Letters how great Fleets of <HI>Danes, Swedes, Hollanders, &amp;c.</HI> were &s;een at Sea; (It mu&s;t be from <HI>We&s;tmin&s;ter</HI> then, for there were the Letters written, and the Fleets never &s;ince heard of.) Then, permit, if not command the mo&s;t in&s;ufferable affronts and indignities that ever were offered to Maje&s;ty; yet if the King but offers to increa&s;e his Guard, this is Voted no le&s;s then a rai&s;ing of War again&s;t his Parlia|ment and Subjects: whil&s;t all the while, again&s;t the <HI>Lex &amp; con&s;uetudo Parlia|menti,</HI> <NOTE PLACE="marg"><HI>In&s;t. par.</HI> 4. 14.</NOTE> without any cau&s;e moving them, they maintain an illegal Rout of men for their Guard, and go armed them&s;elves. Nay, what needs a man in&s;tance particulars? All the Kings commands in pro&s;ecution of the Laws, were Voted breaches of the Priviledges of Parliament, and the Liberties of the Subject. We will therefore &s;hew that this A&s;&s;ertion is not only con|trary to all Faith in both Te&s;taments, but al&s;o de&s;tructive to all Humane Society.</P>
<P N="24"><PB N="53" REF="90"> 24. There is no man &s;ure will deny, but that <HI>Saul</HI> did unju&s;tly per&s;ecute <NOTE PLACE="marg">To re&s;i&s;t Prin|ces, though commanding unju&s;tly, is contrary to faith in the Old Te&s;ta|ment. 1 <HI>Sam.</HI> 24. 6. <HI>cap.</HI> 26. 9.</NOTE> <HI>David,</HI> with an intention to take away his life: Yet when <HI>David</HI> might twice have re&s;i&s;ted <HI>Saul,</HI> and taken away his life, 1 <HI>Sam. cap.</HI> 24 &amp; <HI>cap.</HI> 26. he refu&s;ed to do it; and the rea&s;on was, becau&s;e he was the Lords Anointed; <HI>And who can lay his hand upon the Lords Anointed, and be guiltle&s;s? &amp;c. Nebuchadnezzar</HI> King of the <HI>A&s;&s;yrians,</HI> not only de&s;troyed the land of <HI>Pa|le&s;tine</HI> with fire and &s;word; not only de&s;troyed <HI>Joru&s;alem,</HI> laying it level with the ground, burnt the Temple, carried all things con&s;ecrated and dedicated to Gods &s;ervice, to <HI>Babylon,</HI> converting them to prophane u&s;es; not only killed their King, carried the Jews them&s;elves into mo&s;t mi&s;erable &s;ervitude, but al&s;o to the contumely and di&s;honor of Gods Maje&s;ty, erected an Image to be divinely adored, upon no le&s;s penalty then to be thrown in|to the <HI>fiery fornace:</HI> Yet were the&s;e mo&s;t holy men, <HI>Shadrach, Me&s;hach,</HI> and <NOTE PLACE="marg"><HI>Dan.</HI> 3.</NOTE> <HI>Abednego,</HI> &s;o far from re&s;i&s;ting the King, though they could not obey him, that they patiently &s;ubmitted them&s;elves to the fornace, made &s;even times hotter for their &s;akes; and the ble&s;&s;ed men were &s;o far from &s;eeking re|venge, that upon Gods denouncing judgment to <HI>Nebuchadnezzar</HI> in a dream, <HI>Daniel</HI> (who&s;e mi&s;chief was no whit le&s;s intended) prayeth that the dream might be to them who hate his Lord, and the interpretation thereof to his adver&s;aries. Far unlike to the &s;pirit of <HI>Calvin,</HI> who com|menting upon <HI>Daniel,</HI> makes Kings to dive&s;t them&s;elves of all power, when they command in di&s;honor to God; and to &s;pit upon their heads rather then obey them, &amp;c. And though <HI>Nebuchadnezzar</HI> were &s;o wicked, yet being <NOTE PLACE="marg"><HI>Jer.</HI> 25. 9.</NOTE> a King, Gods calls him <HI>his &s;ervant.</HI></P>
<P N="25">25. S. <HI>Peter</HI> teacheth, that it is thank&s;worthy, if a man for con&s;cience <NOTE PLACE="marg">Again&s;t the faith of the New Te&s;ta|ment. 1 <HI>Pet. cap.</HI> 2. 19, 20, 21, &amp;c.</NOTE> towards God endure grief, and &s;uffer wrong unde&s;ervedly: <HI>For what prai&s;e is it, if when we be buffeted for our faults, we take it patiently? But if when we do well, we &s;uffer wrong, and &s;hall take it patiently, then is there thank with God. For hereunto were we called; for Chri&s;t al&s;o &s;uffered for us, leaving us an example that we &s;hould follow his &s;teps, who did no &s;in, neither was guile found in his mouth; who when he was reviled, reviled not again, when he &s;uffered, he threatned not, but committed the vengeance to him that judgeth righteou&s;ly.</HI> What more plain le&s;&s;on can be given to Chri&s;tians to &s;uffer, and not to re&s;i&s;t Princes, for the te&s;timony of a good Con&s;cience? And if ever man had ju&s;t cau&s;e to re&s;i&s;t, then had our Saviour, and S. <HI>Peter</HI> in his defence; yet would not our Saviour allow it, but tells him, that <HI>who&s;o takes the &s;word,</HI> <NOTE PLACE="marg"><HI>Mat.</HI> 29. 52.</NOTE> <HI>&s;hall peri&s;h by the &s;word.</HI></P>
<P N="26">26. That which I as a private man may a&s;&s;ume to my &s;elf as a man, <NOTE PLACE="marg">De&s;tructive to all Humane Society.</NOTE> is due to another as a man; otherwi&s;e it were a great arrogance in me, to allow that to my &s;elf, which I condemn in another. But if I may a&s;cribe to my &s;elf a power of judging when I may re&s;i&s;t my Prince, then ought I to allow it in another; and &s;o by con&s;equence, every man &s;hould have a power of judg|ing how long he &s;hall continue in obedience, and not re&s;i&s;t his Soveraign. Now what Society there can be, where any man may make him&s;elf free from all Humane Laws (without which there can be no Society) and re&s;i&s;t them when he &s;ees occa&s;ion, (for where men may re&s;i&s;t, there can be no &s;ub|jection) let any man judge. Nay, where men did ever a&s;cribe to them&s;elves a right or power of re&s;i&s;ting their Soveraigns, they did never &s;tay there, but made all the unju&s;t u&s;urpation and ho&s;tile inva&s;ion they could upon them who continued in obedience to their Prince: And what Law of God,
<PB N="54" REF="91"> or Man, or Rule of Society, gives me a liberty to kill and murder innocent men, becau&s;e I have &s;inned in re&s;i&s;ting where I ought not. By our Country-Laws, if a man a&s;&s;aulted another, who goeth back to &s;ome hedge, ditch, or wall, &amp;c. beyond which he cannot pa&s;s, and then in his own defence kills the a&s;&s;aulter; yet &s;uch a tender care had the Common-Law of a mans life, that though this were done by inevitable nece&s;&s;ity in the pre&s;ervation of an innocent mans life, that he &s;hould have &s;uffered death therefore: And though by the Statute of <HI>Gloce&s;ter</HI> he &s;hall &s;ave his life, yet he &s;hall forfeit his goods and chattels. Nor is this damnable opinion of re&s;i&s;ting Princes, <NOTE PLACE="marg"><HI>In&s;t.</HI> 3 <HI>par. p.</HI> 55, 56.</NOTE> le&s;s de&s;tructive to other men then the A&s;&s;ertors: For why may not any man do that to them, which they of them&s;elves have done to their rightful Soveraign, and his obedient Subjects?</P>
<P N="27">27. It is <HI>Humanum errare;</HI> Fallibility is concomitant with humane <NOTE PLACE="marg">Wherein Princes com|manding un|ju&s;tly, ought to be obeyed actively.</NOTE> nature: And no doubt but Princes, being men, are &s;ubject to humane frailty. Yet as Humane Laws will admit of (although not intend) a mi&s;|chief to particular men, rather then endure an Inconvenience; &s;o the Laws of Nature will admit of many things contrary to Nature, rather then endure a Vacuity. I &s;ay therefore, that there are many things &s;o inherent in the Prince individually, that they are incommunicable to any other: And therefore the Prince offending herein either through humane frailty, or pa&s;&s;ion; yet if he command unju&s;tly, the &s;in is his in &s;o commanding, and not the Subjects in obeying. As if a Prince makes unju&s;t War, yet if the Subject obey him, it is not the Subjects &s;in in obeying, but the Princes in making &s;uch a War: For if Subjects might judge whether a War were ju&s;tly undertaken, or not, and &s;o be freed from his obedience, when he would judge it unlawful; then any, or all Subjects, either through fear or faction, might de&s;ert their Prince in any War, and &s;o the Prince left de&s;titute of protecting him&s;elf or Subjects; whenas <HI>Salus populi est &s;uprema lex;</HI> and of this is the Prince the &s;ole and individual Judge. If Princes give unju&s;t Judgment, the Executioners of Judgment ought to execute the Sentence although unju&s;t; for they are not obliged to take notice of the Inju&s;tice of the Sentence, but of the Sentence. The Act of Parliament again&s;t <HI>Cromwell</HI> Earl of <HI>E&s;&s;ex</HI> did oblige, although unju&s;t; he being in peaceable times, <NOTE PLACE="marg"><HI>In&s;t.</HI> 4. <HI>par.</HI> 37.</NOTE> without any urgent nece&s;&s;ity, condemned unheard; yet was it no &s;in in the Executioner to execute it.</P>
<P N="28">28. Monarchy is, where the Empire or power of governing is in one <NOTE PLACE="marg">What is Mo|narchy.</NOTE> Per&s;on, from whom all Humane Laws, Magi&s;tracie, and Protection of Subjects is to be expected.</P>
<P N="29">29. Hereditary Monarchy is, where this Right, Title or Empire de|&s;cends <NOTE PLACE="marg">What is Here|ditary Mo|narchy.</NOTE> to the Heir General, or Male; and this latter is proper only to <HI>France,</HI> and that by a pretended <HI>Salique</HI> Law.</P>
<P N="30">30. <HI>Delegata pote&s;tas non pote&s;t participari:</HI> No man can participate, <NOTE PLACE="marg">No Prince can give, &s;ell, or transfer his power.</NOTE> much le&s;s alien the power which he is intru&s;ted with: But &s;upreme power is delegate from God to every Prince; and therefore no Prince can give, &s;ell, or bequeath his power to any other. The King is Gods Lieu|tenant upon earth, <HI>Coke</HI> 3 <HI>par. In&s;t. cap. Deodands, fol</HI> 57.</P>
<P N="31">31. It may be the Electors are the In&s;truments by which the Elected <NOTE PLACE="marg">Elective Mo|narchy.</NOTE> King or Monarch receives his power; but I do not under&s;tand how &s;uch a King can be a Supreme Prince. Yet this by the way: Neither now nor here|tofore was ever &s;uch Prince cho&s;en either by the people in general, or by the Ma&s;ters in families, nor the Electors cho&s;en by them.</P>
<P N="32"><PB N="55" REF="91"> 32. Ari&s;tocracy is when a company of men met in Councel, a&s;cribe <NOTE PLACE="marg">Ari&s;tocracy.</NOTE> to them&s;elves what&s;oever power is due to any rightful Monarch, not being cho&s;en by the people in general, but have places either by birth, or as they are cho&s;en by the Council, &s;uch is the &s;tate of <HI>Venice,</HI> &s;uch were the <HI>Roman</HI> Senate, and <HI>Ephori</HI> of <HI>Lacedemon.</HI></P>
<P N="33">33. Democracy is, when they who being free of the City, do meet at a <NOTE PLACE="marg">Democracy.</NOTE> time and place appointed, where they choo&s;e Mini&s;ters and Officers, make and alter laws, and do what&s;oever they think good, or what &s;hall appear good to them, as repre&s;ented to them by popular Orators: But becau&s;e bu&s;i|ne&s;s might &s;o fall out, that there might be a nece&s;&s;ity of making War or Peace, rai&s;ing mony for defence of the Commonwealth, &amp;c. be&s;ides the times and places appointed, the <HI>Athenian Archon,</HI> and <HI>Tribunes</HI> of the <HI>Roman</HI> people had liberty given them to a&s;&s;emble the people when they thought fit: I think no man can well tell whether the <HI>Roman</HI> Government before <HI>Cae&s;ars</HI> dictator&s;hip were Democratical or Ari&s;tocratical: For though men might appeale from the Con&s;uls to the Tribunes, yet by an Act of the Senate after the &s;uppre&s;&s;ing of the <HI>Gracchi,</HI> the Con&s;uls might provide that the Common|wealth &s;hould receive no detriment, which is as general and high a power as can be given: No wonder then if <HI>Marius</HI> pretending the power of the Common wealth, and <HI>Sylla</HI> the authority of the <HI>Senate,</HI> &s;hould reduce both <HI>Rome</HI> and <HI>Senate</HI> to &s;o lamentable a condition; and that <HI>Julius Ce&s;ar</HI> a&s;&s;i&s;ted by <HI>Lucius Antonius</HI> and <HI>Quintus Curio</HI> the <HI>Tribunes</HI> of the people, and <HI>Pompey</HI> by the <HI>Senate,</HI> &s;hould rai&s;e &s;uch War and commotion every where, to the utter &s;ubver&s;ion of the ab&s;olute power (as they called it) both of <HI>Senate</HI> and people.</P>
</DIV3>
<DIV3 N="4" TYPE="chapter">
<HEAD>CHAP. IV. <HI>Of the three Species of Government, viz.</HI> Monar|chy, Ari&s;tocracy, and Democracy.</HEAD>
<P N="1">1. <HI>IMperium e&s;t duplex, &s;olutum legibus,</HI> and <HI>a&s;trictum legibus;</HI> this is <NOTE PLACE="marg">There are but 3 &s;pecies of Government, and all com|pounded Go|vernment, is either &s;uper|vacantous or de&s;tructive to the Gover|nors and Go|verned,</NOTE> Empire re&s;trained to the Laws, and is of Magi&s;trates, who although they command private men, yet they them&s;elves are bound by the laws and command of their &s;uperiors, which is the power of our Judges, Ju&s;tices, &amp;c. That is Maje&s;ty, an Empire, which is the Arbitrator, Mo|derator, Controuler, and maker of all laws, and who ju&s;tly has it, is ac|countable only to God: and this Empire is &s;o e&s;&s;ential to all Government that without it there can be no Kingdom or Commonwealth; there cannot be any property, any <HI>meum,</HI> or <HI>tuum,</HI> but what this Empire gives; no man has any &s;ecurity of his life or e&s;tate, but as he is pre&s;erved and protected by this power or command: And though government do differ (as it hath been and yet is in many places of the world) <HI>in &s;pecie, viz. Monarchy, Ari&s;tocracy,</HI> and <HI>Democracy,</HI> yet in all of them this power or command is the &s;ame and equal, <HI>viz. Supreme:</HI> And this power or command mu&s;t be in one thing, <HI>viz.</HI> in one man, in one court, in one people; but if it be divided into two or more, it is either <HI>&s;upervacaneous,</HI> or <HI>de&s;tructive;</HI> for tho&s;e two or more
<PB N="56" REF="92"> in whom this divided Empire does con&s;i&s;t, mu&s;t either agree or di&s;agree in the &s;ame thing; if they agree to will or nill the &s;ame, then it is <HI>&s;upervacaneous,</HI> for it had been all one if but one part had willed it; and <HI>fru&s;tra fit per plura, &amp;c.</HI> but if they di&s;agree in willing or nilling the &s;ame thing, it is de&s;tructive, for it is impo&s;&s;ible for the Subject to obey, becau&s;e the Law it &s;elf is a con|tradiction; and if the Subject obeys one, he di&s;obeys the other, and to obey neither brings <HI>Anarchy</HI> and confu&s;ion upon all the governed: What is left then but the Subject to be divided, a&s;well as the power? <HI>and a Kingdom divided in it &s;elf cannot &s;tand, St. Mar.</HI> 3. 24. Neither are the Governors, in whom this divided power or command does con&s;i&s;t, in any better ca&s;e then the Subject; for,</P>
<Q><L>Nulla fides regni &s;ociis, omni&s;que pote&s;tas <NOTE PLACE="marg">Lucan.</NOTE></L>
<L>Impatiens con&s;ortis erit.</L></Q>
<P>It were infinite to enumerate the &s;ad con&s;equences which divi&s;ion of Kingdoms have brought upon tho&s;e Kingdoms where they were made; Let any man look upon the E&s;tate of the <HI>Roman</HI> Empire, when it was divided by <HI>Con&s;tantine</HI> the Great among his three &s;ons, <HI>Con&s;tantinus, Con&s;tantius, &amp; Con&s;tans.</HI> Nor did ever the Empire retain the name and dignity, after the divi&s;ion made by <HI>Theodo&s;ius</HI> to his &s;ons <HI>Arcadius</HI> and <HI>Honorius.</HI> Nor was the We&s;tern Empire ever rai&s;ed again to near the greatne&s;s it had in <HI>Charle|maines</HI> time, after the divi&s;ion made by <HI>Lotharius, Lewis,</HI> and <HI>Charles,</HI> &s;ons of <HI>Lodovicus Pius;</HI> and what horrible confu&s;ions followed upon the divi&s;ions, is ea&s;ie to be imagined, whenas in the fir&s;t Battel between the brethren, was &s;lain the greate&s;t part of the Nobility of <HI>France&punc;</HI> and more men died in it then in any other battle that hapned in <HI>France,</HI> &s;ince that fought between <HI>Ecius</HI> and <HI>Attila</HI> King of the <HI>Huns,</HI> in the fields of <HI>Catalonia.</HI></P>
<P>But that we may not go &s;o far, and yet find examples neerer home, <HI>Rodry Maure,</HI> or <HI>Rodry</HI> the great King of <HI>Wales,</HI> Son of <HI>Mer&s;yn Frith,</HI> had i&s;&s;ue three Sons, <HI>Mervin, Anarawd,</HI> and <HI>Cadelh.</HI> In the yeare when he dyed <HI>viz. anno. dom.</HI> 877. (King <HI>Alfred,</HI> alias <HI>Alured</HI> then reigning in <HI>England)</HI> this Great <HI>Rodry</HI> divided his Kingdome of <HI>Wales</HI> into three Principalities. The Fir&s;t he called <HI>Guyneth,</HI> the Engli&s;h <HI>Northwales,</HI> the Latini&s;t <HI>Venedotia.</HI> The Second Principality was called <HI>Powi&s;land,</HI> in Latine <HI>Powi&s;ia,</HI> of &s;ome <HI>We&s;twales</HI> bordering upon <HI>England.</HI> The Third he called <HI>Deherborth,</HI> the Engli&s;h <HI>Southwales,</HI> in Latine <HI>Demetia.</HI> The Fir&s;t Principality, &s;ome &s;ay he gave to <HI>Mervin,</HI> others to <HI>Anarawd.</HI> The Second to <HI>Anarawd,</HI> &s;ome &s;ay to <HI>Cadelh.</HI> The Third to <HI>Cadelh,</HI> &s;ome &s;ay to <HI>Mervin.</HI> The Fir&s;t was the be&s;t becau&s;e it was quiete&s;t. The Second often invaded and troubled by the <HI>Engli&s;h.</HI> Into the Third often incur&s;ions were made by the <HI>Engli&s;h,</HI> the <HI>Norman,</HI> and <HI>Fleming.</HI> The divi&s;ion of this Kingdom (however it was) wrought in proce&s;s of time, &s;uch a divi&s;ion between the&s;e Princes, as it was never quiet untill it came under one Monarch or King again: for the Royal dignity of a Monarch or King, from whence all &s;ubordinate dignities, <HI>tanquam lumen de lumine,</HI> are derived, without any diminution, will &s;uffer no divi&s;ion, <HI>Regia dignitas e&s;t indivi&s;ibilis; &amp; quaelibet alia derivativa dignitas, e&s;t &s;imiliter indivi&s;ibilis.</HI></P>
<P>The mo&s;t woful event that fell out in this Kingdome, when <HI>Gordobug</HI> divided this Kingdom between his two Suns, <HI>Ferrex</HI> and <HI>Porrex,</HI> and what
<PB N="57" REF="92"> heavy event came to pa&s;s, untill it was reduced again under one Monarch, let our Hi&s;tories tell you; and letting pa&s;s others, I cannot overpa&s;s the mi&s;e|rable e&s;tate within this Kingdom under the Heptarchy; untill all was reuni|ted under one Soveraign; and this is the rea&s;on that in <HI>England, Scotland,</HI> and <HI>Ireland,</HI> the Royal dignity is de&s;cendible to the elde&s;t daughter or &s;i&s;ter, <NOTE PLACE="marg">Sir <HI>E. Coke In&s;t.</HI> 4. 243.</NOTE> <HI>&amp;c. Regia dignitas e&s;t indivi&s;ibilis.</HI></P>
<P N="2">2. Of the&s;e Governments Monarchy is the be&s;t, as appears by rea&s;on, by <NOTE PLACE="marg">How many ways Monar|chy is the be&s;t Government.</NOTE> the con&s;ent of the world, by the in&s;titution of God, and his commanding obedience only to this Government, and by woful experience.</P>
<P N="3">3. Monarchy in rea&s;on is the be&s;t Government, for the dignity and <NOTE PLACE="marg">Monarchy is the be&s;t Go|vernment in rea&s;on.</NOTE> maje&s;ty of one man is more ea&s;ie to be maintained then of many; The ills that follow from bad Monarchs, are no wor&s;e than what do and alwaies did happen from the be&s;t of humane Laws, <HI>viz.</HI> mi&s;chiefs to particular men; Nor can the mi&s;chiefs which happened to <HI>Silus, Sabinus, Sillanus, &amp;c.</HI> (who not well brooking the powers of <HI>Tiberius</HI> and <HI>Caligula,</HI> Emperors as bad as who were wor&s;t) had been over lavi&s;h of their tongues in vilifying the power of the <HI>Cae&s;ars,</HI> and magnifying that of the <HI>Senate,</HI> and probably had they been able, would have advanced the power of the <HI>Senate,</HI> to the abdication of <HI>Cae&s;ars)</HI> be compared with the inconveniences which came upon the <HI>Senate</HI> and people of <HI>Rome,</HI> in tho&s;e times of <HI>Silla,</HI> and <HI>Marius,</HI> of <HI>Cae&s;ar,</HI> and <HI>Pompey:</HI> Be&s;ides, factious and di&s;contented per&s;ons cannot hope for that encouragement in their de&s;igns, where the &s;upreme power is in one individual per&s;on, as where it is compounded of many. The freedome and liberty of the Subject is more under one, then more, for it is ea&s;ier to obey one then many: The common people of <HI>Rome</HI> never enjoyed &s;o much liberty as under the Emperors; and therefore when after the death of <HI>Caligula,</HI> the <HI>Senate</HI> endeavored to re&s;tore <HI>Rome</HI> to her antient liberty as they <NOTE PLACE="marg"><HI>Sueton. in vita Claud. cap.</HI> 10.</NOTE> called it, and extingui&s;h the name and power of the <HI>Cae&s;ars,</HI> and to that end had &s;ei&s;ed upon the Capitol, they, aided by the <HI>Preterian coherts,</HI> continued the power of their Emperors, in <HI>Claudius;</HI> and the day and night wherein the <HI>Senate</HI> would not receive him, was the cau&s;e of much trouble, which <HI>Jo&s;ephus</HI> notes, <HI>l.</HI> 19. <HI>c.</HI> 30.</P>
<P N="4">4. By the con&s;ent of the world; for every where in the known world <NOTE PLACE="marg">By the con|&s;ent of the world.</NOTE> before 1641. either in <HI>Europe, A&s;ia, Africa,</HI> or <HI>America,</HI> over Chri&s;tians, Mahumetans and Infidels, (except the State of <HI>Venice,</HI> the u&s;urped power of the <HI>Cantons</HI> in <HI>Switzerland,</HI> the State of the <HI>Neatherlands,</HI> the <HI>Hans-</HI>towns, <HI>Genoa</HI> and <HI>Geneva,</HI> who &s;eek protection of the Emperor and Kings of <HI>France)</HI> this Government is e&s;tabli&s;hed.</P>
<P N="5">5. By God him&s;elf; for he never in&s;tituted any Government either in <NOTE PLACE="marg">By Gods owning it only.</NOTE> Prie&s;thood, Judges, or Kings, but only this, nor commands obedience to any other. <HI>Can a man touch the Lords anointed and be guiltle&s;s?</HI> 1 <HI>Sam.</HI> 26, 9. And <HI>&s;ubmit your yelves to every ordinance of man for the Lords &s;ake, whether it be to the King as &s;upreame, &amp;c. St. Pet.</HI> 2. 13. <HI>Feare God, honor the King:</HI> And <HI>I coun&s;el thee to keep the Kings commandments, and that in regard of the oath of God:</HI> And therefore what thing an Unite is in numbers, the Minde in the faculties of the &s;oule, a Centre in a circle, the &s;ame is God the mo&s;t omni|potent King in the world, &s;imple in unity, indivi&s;ible in nature, mo&s;t holy in purity, placed by an infinite interval far remote above the fabrick of the highe&s;t Heaven; joyning this per&s;pirable region with the cele&s;tial and in|telligible, keepes and pre&s;erves from ruine, as by a &s;ecure care, the whole
<PB N="58" REF="93"> univer&s;e, framed and compounded in &s;uch admirable order and harmony, to who&s;e great example ought every good King (who is the Unite, the minde, and centre of his kingdome) that hopes to govern and pre&s;erve his &s;ubjects not only &s;afe, but hone&s;t and happy, wholly to betake him&s;elf.</P>
<P N="6">6. By woful experience: I do not find any mans life, (except the de|&s;titute and depo&s;ed Princes, <HI>Arthur, Ed.</HI> 2. <HI>Rich.</HI> 2. <HI>Hen.</HI> 6. and his &s;onne, <NOTE PLACE="marg">By wofull experience.</NOTE> <HI>Ed.</HI> 5. and his brother (herein, and in many other things doubtle&s;s more unhappy then private men) and the Duke of <HI>Clarence,</HI> after conviction and attainder, thought by the con&s;ent of <HI>Ed.</HI> 4. to be drowned in a Butt of Malm&s;ey, and <HI>Cromwell</HI> Earle of <HI>E&s;&s;ex,</HI> condemned and executed unheard in Parliament (&s;ee a remarkable pa&s;&s;age herein by Sir <HI>Ed. Co. In&s;ti.</HI> 4. <HI>fo.</HI> 37. 38.) Queen <HI>Katherine</HI> fifth wife to <HI>H.</HI> 8. <HI>Mary</HI> Queen of <HI>Scots,</HI> and the Earl of <HI>Strafford)</HI> or e&s;tate, taken away by any of the Kings of <HI>England</HI> for the&s;e la&s;t 500 years in an extraordinary and extrajudicial manner. (If the di&s;&s;olution of the Abbies by <HI>Hen,</HI> 8. be objected, I an&s;wer, it was u&s;ual in Parliament, to alter many things in the Common law: as the &s;tatute <HI>de donis conditionalibus,</HI> made a great alteration in the Common law; for before, all e&s;tates which were not for life and under, were either in fee ab&s;olute or conditional; and &s;o the Statutes which gave power of entry, where before no remedy was to be had by Common law, but by a <HI>Cui in vita:</HI> And to Jointenants to com|pell others to &s;ue a Writ of partition, &amp;c. In ca&s;e of life, the ordinary way of trial was by Peers, the Nobility by the Nobility, and the Commons by the Commons: but a Parliament being a body compounded of heteroge|nial and di&s;&s;imilary parts, <HI>viz.</HI> King, Lords, and Commons, could not be Peers to any man, which was the u&s;ual way of Trial with us; neither were the E&s;tates &s;o taken from Abbots, &amp;c. but that they enjoyed them, or a full value in lieu of them, during their lives, &s;o that by this act no wrong was done to any man living: Yet it is true which Sir <HI>Ed. Co.</HI> &s;aies in his Com|ment upon <HI>Magna charta, chap.</HI> 1. <HI>Quod datum e&s;t Eccle&s;iae, datum e&s;t Deo,</HI> what was given to the Church, was given to God; which by the Law of God, <HI>Numb.</HI> 16, 37, 38. is unalterable, nor can be be employed to any pro|fane or common u&s;e.) So that I am confident, I may &s;afely affirm, that the Subject in &s;eaven years under the Long Parliament &s;uffered extraordinarily and extrajudicially, five hundred times more, then all their Ance&s;tors in 500 years before, did from their Kings: The Barons warrs and tho&s;e of <HI>York</HI> and <HI>Lanca&s;ter, Wat Tyler, Jack Straw, &amp;c.</HI> were cau&s;ed by the rebelli|on and &s;tubborne&s;s of the Subject; nor is the &s;acred patrimony of the Crown and Church more &s;ecure then that of private men, but invaded and made a prey to &s;oldiers, Seque&s;trators and Exci&s;e-men.</P>
<P><NOTE N="a" PLACE="marg">Hereditary Monarchy is better than elective in re|lation to the Subject. For the Anti|quity of this Government, even among the Grecians. &s;ee <HI>Thucid.</HI> 2 <HI>ed.</HI> by <HI>H. Ste|phanus,</HI> 1588. <HI>p.</HI> 10. <GAP DESC="foreign">. Before that time <HI>(viz Trojan</HI> War) Kingdoms were heredi|tary, and de|fined to cer|tain honors.</NOTE> 7. Hereditary Monarchy is better then Elective, in relation to the Subject. If a man but con&s;iders the calamities brought upon the <HI>Roman</HI> Empire, only by choo&s;ing their Emperor, it were &s;ufficient to make any man feat and tremble (that hath &s;o much compa&s;&s;ion in him as to pity wretched States) for that Nation who choo&s;e their King. When <HI>Cae&s;ars</HI> line was extinct in <HI>Nero, Galba&punc;</HI> was &s;carce cho&s;en and received Emperor, when <HI>Otho</HI> excites the Pretorian Cohorts to kill him and his adopted &s;on <HI>Pi&s;o,</HI> to make way for him&s;elf. <HI>Vitellius</HI> is cho&s;en almo&s;t at the &s;ame in&s;tant by the German Legions, that <HI>Otho</HI> was cho&s;en by the Pretorian Cohorts: By this divi&s;ion the Empire is brought to &s;o de&s;olate a condition, that <HI>Otho</HI> (a vitious man) did kill him&s;elf, to prevent its further de&s;truction; yet
<PB N="59" REF="93"> could not <HI>Otho's</HI> death purcha&s;e his Countries quiet: For, the <HI>Moe&s;ian, Pannonian,</HI> and <HI>Dalmatian</HI> Legions, a&s;cribe to them&s;elves as good right in choo&s;ing an Emperor, as the <HI>German,</HI> and name <HI>Ve&s;pa&s;ian. Rome</HI> the Mi&s;tre&s;s of the known World, never felt &s;uch mi&s;ery, as tho&s;e Legions led by <HI>Antonius Primus</HI> brought upon her; which <HI>Cornelius Tacitus,</HI> in the latter end of the third book, and the beginning of the fourth book of his Hi&s;tory, re|lates. That Emperor the Soldiers cho&s;e, &s;carce ever plea&s;ed the Senate; what Emperor the Senate cho&s;e, never plea&s;ed the Soldier. From <HI>Marcus Aurelius</HI> to <HI>Diocle&s;ian</HI> (who was the greate&s;t Per&s;ecutor of the Chri&s;tians, and renounced the Empire to take upon him a private life) not one Em|peror of ten died a natural death. In <HI>Gallienus</HI> his time, Thirty at once; at no time le&s;s then three or four, but like <HI>Hydra's</HI> heads, when one was cut off, another &s;prung up: Into &s;uch a condition was the Empire brought by the Election of the Emperors. Nor was the &s;tate of the We&s;tern Empire much better, which he who reads the Hi&s;tory of tho&s;e times from <HI>Charles</HI> the Great, until the Con&s;titution of Pope <HI>Gregory</HI> 5. <HI>Anno</HI> 1002. for choo&s;ing <NOTE PLACE="marg"><HI>Platina vita. Greg.</HI> 5. 151. <HI>b.</HI></NOTE> the Emperor, <HI>(Otho</HI> the Fifth not contradicting it) may &s;ee, which hath continued till this day: Yet the Electors con&s;idering the confu&s;ions cau&s;ed in the nominations of their Emperor, have ever &s;ince <HI>Rodolphus</HI> the Fir&s;t, who was cho&s;en <HI>An.</HI> 1272. continued their election in the Hou&s;e of <HI>Au&s;tria;</HI> &s;o that upon the matter, the Empire is become hereditary, and the choo&s;ing but a Ceremony.</P>
<P N="7">7. The mi&s;eries con&s;equent upon the election of either Native or <NOTE PLACE="marg">The mi&s;eries con&s;equent upon the E|lection of a Subject.</NOTE> Stranger, are many: For there is no Native, who is not in di&s;ta&s;te with &s;ome body; the choo&s;ing of whom gives power to take revenge not only upon him, but tho&s;e that oppo&s;ed him in his election; for it is hardly ima|ginable, all &s;hould agree in one. None of the rejected Competitors will be content to acknowledge the Elected; in &s;tead thereof they will rather &s;tudy ways to rai&s;e di&s;&s;ention about the manner of the Election, that either undue means were u&s;ed in it, or though they had the fewer Votes, yet they who voted for them, were greater, better, or more Saint-like, who&s;e Votes ought rather to be weighed, then the others numbred. The&s;e, it may be, and many other con&s;iderations have cau&s;ed the <HI>Polonians,</HI> the&s;e many years, to look for him whom they choo&s;e their King, out of <HI>Poland.</HI></P>
<P N="8">8. Let us &s;ee what the mi&s;eries con&s;equent upon choo&s;ing of a Stranger <NOTE PLACE="marg">The mi&s;eries upon the E|lection of a Foreiner, be he King or Subject.</NOTE> are. He who is cho&s;en, is either a Subject, or a Soveraign, (for between the&s;e two is no mean:) If he be a Subject, who (e&s;pecially freeborn Sove|raign people) will endure that another being a &s;tranger, and a Subject too, &s;hould command over them? And where power is de&s;pi&s;ed, the exerci&s;e of it is never permanent. If he be a Soveraign, he having now two Kingdoms, can per&s;onally re&s;ide but in one, which will di&s;gu&s;t the other: It will be expected, that he ob&s;erve the manners and di&s;po&s;itions of this Kingdom more then his other, becau&s;e the people cho&s;e him; It will be expected by that Kingdom, that he retain the ob&s;ervations of the di&s;po&s;itions and man|ners of it, becau&s;e he is their born King. <HI>Philip</HI> the Second did di&s;gu&s;t the <HI>Flemings,</HI> becau&s;e he retained his Spani&s;h habit. He cannot do any thing &s;o much in order to the good of the one, but it will as much excite the other to hate him; in being a &s;ervant to both, he &s;hall plea&s;e neither. And what was it which cau&s;ed all tho&s;e Wars rai&s;ed in <HI>Bohemia,</HI> but the Election of <HI>Frederick,</HI> 1619. from whence too &s;prung all tho&s;e deva&s;tations, and almo&s;t
<PB N="60" REF="94"> de&s;tructions in <HI>Germany</HI> &s;ince, until the la&s;t Treaty at <HI>Mun&s;ter.</HI> From hence it was, that <HI>Sigi&s;mund</HI> the &s;on of <HI>John</HI> King of <HI>Sweden,</HI> being cho&s;en King of <HI>Poland,</HI> the Kingdoms differing both in Manners and Religion, (and it being impo&s;&s;ible to plea&s;e both) was not only him&s;elf, and all his po&s;terity for ever excluded from the Kingdom of <HI>Sweden,</HI> in a Con&s;piracie at <HI>Lin|copen,</HI> 1600. but hath been the cau&s;e of all that mi&s;ery and de&s;olation under which <HI>Poland</HI> lately lay: For, becau&s;e <HI>Ca&s;imir</HI> the &s;on of <HI>Sigi&s;mund</HI> will not renounce the Right which God by Primogeniture has given him, and ac|knowledge this <HI>Barbarian</HI> and U&s;urper; he joining with the <HI>Brandenburgher</HI> and <HI>Tran&s;ilvanian,</HI> (and &s;eeks aid of the <HI>Turk</HI> too, who being the be&s;t Chri&s;tian of the&s;e four, refu&s;eth to give him any) robs, ruines and &s;poils <HI>Poland.</HI> Add hereunto the calamities and confu&s;ions which happen in the intervals of their Kings; which who&s;o reads the Hi&s;tory of <HI>Pole,</HI> may &s;ee: Whereas in an Hereditary Kingdom, where the Heir is known and a Major, no confu&s;ions probably follow: And no man &s;ure will deny, but that an Hereditary Monarchy is better for the peace and quiet of the people, then an Elective.</P>
<P N="9">9. Hereditary Monarchy is better then Elective, in relation to the <NOTE PLACE="marg">Hereditary Monarchy is better then Elective, in reference to the Crown and patri|mony there|of.</NOTE> Rights, Patrimony, and Dignity of the Crown: For where the Crown de&s;cends to the Heir, the King will u&s;e what means he can for the advance|ment of the honor and dignity thereof, that him&s;elf in his po&s;terity, as well as his per&s;on, may be great and renowned: whereas he who cannot hope that his Heir &s;hall enjoy it, will u&s;e what means he can for provi&s;ion and maintenance for his Children, although it be to the prejudice and di&s;honor of it; for &s;ure no man can imagine, that becau&s;e a Man is a King, that therefore he &s;hould dive&s;t him&s;elf of Nature, and neglect to u&s;e &s;ome means to get an E&s;tate for his Po&s;terity, where there is none provided? If it be objected, that the Crown de&s;cends to the Heir, not to the po&s;terity, if more then one: I an&s;wer, That no Crown but hath many Offices and Dignities appertaining to it, which de&s;cend to the Heir, he probably will not reject his own fle&s;h and blood to advance &s;trangers; whereas in an E|lective Kingdom it cannot be hoped for.</P>
<P N="10">10. The Government in <HI>Britain</HI> and <HI>England,</HI> untill 1641. was Mo|narchy <NOTE PLACE="marg">The Govern|ment of <HI>Bri|tain</HI> was ever Monarchy Hereditary, before 1641.</NOTE> hereditary: If you believe Mr. <HI>Selden</HI> in the Fir&s;t Book <HI>cap.</HI> 1. of his <HI>Analecton Anglo-Britanicon,</HI> he will tell you (upon the Faith of <HI>Jeoffrey</HI> of <HI>Monmouth)</HI> the &s;tem and progeny of <HI>Brutus</HI> the Nephew of <HI>Aeneas,</HI> and give you a &s;eries of the Government of his po&s;terity to <HI>Ca&s;sivellanus</HI> King of the <HI>Trinobantes,</HI> when <HI>Ce&s;ar</HI> fir&s;t made his inva&s;ion here, and <HI>cap.</HI> 5. from <HI>Ca&s;si|vellanus</HI> <NOTE PLACE="marg"><HI>E&s;&s;ex</HI> and <HI>Middle&s;ex.</HI></NOTE> to King <HI>Lucius:</HI> Now I trowe our Author for the honor and reve|rence of the Apo&s;tolick &s;ea, will not deny <HI>Lucius</HI> to be a King, and the fir&s;t Chri&s;tian King of the <HI>Britaines,</HI> who, and who&s;e &s;ubjects were bapti&s;ed <NOTE PLACE="marg"><HI>Plat. in vit. S. Eleutherii, p.</HI> 21.</NOTE> about <HI>anno</HI> 176. by <HI>Fugatius</HI> and <HI>Damianus,</HI> &s;ent to this end by Pope <HI>Eleutherius:</HI> And &s;ee <HI>Tacitus Lip&s;. pag.</HI> 457. <HI>in vita Agricolae, Ii (Britanni &s;cilicet) his atque talibus invicem in&s;tincti, Voadic&acirc; generis regii faemina duce (neque enim &s;exum in imperjis di&s;cernunt) &s;um&s;ere univer&s;i bellum, &amp;c.</HI> with the&s;e and the like &s;peeches, inciting one another, by common con&s;ent they re&s;olve to armes, under the conduct of <HI>Voadica</HI> a Lady of the blood royal, (for in matter of governing in cheif, they make no di&s;tinction of &s;ex.) It is not my purpo&s;e here to relate a &s;eries and Catalogue of all the <HI>Britti&s;h</HI> Kings to the <HI>Saxon</HI> Monarchs, nor of the <HI>Saxon</HI> to the <HI>Dane</HI> and <HI>Norman;</HI>
<PB N="61" REF="94"> I deny that in any of the&s;e times, there was any other Government but Monarchy, (Ari&s;tocracy or Democracy never) nor was ever any of tho&s;e Kings cho&s;en by the people.</P>
<P>Here by the way, though I affirm the Government of <HI>England</HI> and <HI>Brittaine</HI> to be Monarchy, yet I do not affirm, that part of this I&s;land which is called <HI>England,</HI> was governed by one Monarch only, till King <HI>Athe&s;tan</HI> re|duced it about the yeare 938: nor the whole I&s;land under one King, before it was united under <HI>James, anno,</HI> 1602. And this Monarch not a thing in abeiance, an aiery title, but an ab&s;olute, free and independent Monar|chy. <HI>Stat.</HI> 24. <HI>H.</HI> 8. <HI>cap.</HI> 12. <HI>It is re&s;olved and declared, that by &s;undry and old antick Hi&s;tories and Chronicles, it is manife&s;tly declared and expre&s;&s;ed, that this Realme of</HI> England <HI>is an Empire, and &s;o has been accepted in the world.</HI></P>
<P>Publick Notaries made by the Emperor, claimed <HI>de Jure,</HI> to exerci&s;e their office here in <HI>England,</HI> but were prohibited, becau&s;e it was again&s;t the dignity of a &s;upream King; &s;ee Sir <HI>Ed. Coke, In&s;tit.</HI> 4. <HI>fo.</HI> 342. <HI>Omnis &s;ub rege, &amp; ip&s;e &s;ub nullo, &s;ed tantum &s;ub Deo;</HI> And <HI>ip&s;e autem Rex non debet e&s;&s;e &s;ub hominibus, &s;ed &s;ub Deo:</HI> And <HI>Rex autem qui vicarius &s;ummi Regis e&s;t &amp; ad hoc con&s;titutus, ut regnum terrenum &amp; populum domini, &amp; &s;uper omnia &s;anctum veneretur eccle&s;iam ejus &amp; regat, ab injurio&s;is defendat, &amp; maleficos ab ea evellat, &amp; de&s;truat, &amp; penitus di&s;perdat; ibid:</HI> Now would I fain know, what higher power can any man upon earth claim, then is here by the Law acknowledged to be in the Kings of <HI>England.</HI></P>
<P>Nor hath any Subject any property in his e&s;tate, but what he claims from the King; for all Lands and Tenements in <HI>England,</HI> in the hands of Subjects, are holden mediately or immediately of the King, Sir <HI>Ed. Co. Com. on Lit. fol.</HI> 1. <HI>&amp; In&s;t. part.</HI> 4. <HI>pag.</HI> 363, 364. Nor have the Lords and Commons a concurring power with the King in making Statute-Laws; for the King makes the Law, the Lords and Commons con&s;ent, <HI>Co. Lit.</HI> 159. <HI>b.</HI> And what concurring power of Lords and Commons is there in <HI>Magna Charta,</HI> but only, <HI>Henry by the grace of God King of England, &amp;c. We have granted to God, and by this our pre&s;ent Charter have confirmed for us and our heirs for ever, &amp;c.</HI> And <HI>Charta de Foresta</HI> hath nothing which makes it a Law, but, <HI>Edward by the grace of God, &amp;c. We will that all Fore&s;ts &amp;c. Stat. Hiberniae,</HI> made at <HI>We&s;tmin&s;ter</HI> 9 <HI>Feb. ann.</HI> 14 <HI>H.</HI> 3. <HI>Henry &amp;c. commands that the Cu&s;toms recited in that Statute and u&s;ed in the Realm of England, be proclaimed in Ireland, and &s;traightly kept and ob&s;erved there.</HI> And <HI>Stat. de Anno Bi&s;&s;extili,</HI> made at <HI>Westm. ann.</HI> 21 <HI>H.</HI> 3. <HI>ann.</HI> 1236. is, <HI>The King unto his Ju&s;tices of the Bench, greeting.</HI> The Statute entituled, <HI>A&s;si&s;a panis &amp; cerviciae,</HI> is made by the King. The Statute <HI>de Scaccario,</HI> is nothing but what the King commandeth. And &s;o let any man peru&s;e all the antient Statutes of this Realm, and he &s;hall not find any &s;o much as Con&s;ent of the Lords and Commons named in the making of them, though it may be it was implied. Nor had the Lords and Commons in the Parliament <HI>Anno</HI> 1641. any more power <HI>de jure,</HI> then their Predece&s;&s;ors had before them. And therefore the Common-Law and Statute-Law of this Realm were nothing but the declared Will of the King: Nor hath any City or Borough, &amp;c. any Priviledge, but what they claim and hold immediately from the Kings Grant.</P>
<P><HI>Cu&s;toms</HI> I take to be tho&s;e U&s;ages, which the Kings have permitted <NOTE PLACE="marg">Sir <HI>Ed. Co. comment. on. Littleton.</HI> 113&punc;</NOTE> to divers of their Subjects, in &s;everal places of this Realm, time out of mind,
<PB N="62" REF="95"> di&s;tinct, and not the &s;ame with the Common Law. And herein they differ from <HI>Pre&s;cription,</HI> becau&s;e this refers to the per&s;on, that to the place: &s;o <HI>Pre&s;cription</HI> is, what &s;uch an individual Man and his ance&s;tors have done in &s;uch a place; and <HI>Cu&s;tom</HI> is, what divers Men at once have u&s;ed in &s;uch a City, Borough, Mannor or Village.</P>
<P>Add hereunto the <HI>Militia</HI> of the Kingdom, the <HI>Mint,</HI> the power of making War or Peace, which were always in the King, and for the manage|ing of which, he hath u&s;ually taken the Re&s;ults of his Ordinary Council, and who will deny the Kings of <HI>England</HI> to have been Ab&s;olute Soveraigns? What the Government &s;ince 1641. hath been, I cannot tell, nor do I care: If you believe the <HI>In&s;trument,</HI> it will tell you, <HI>It is in One Per&s;on, and the Freeborn People of this Nation;</HI> &s;o in Two, and divided. But who are the <HI>Freeborn People of this Nation?</HI> Every man hath as much right to this Freedom, as another; here is no Va&s;&s;alage, no <HI>Civitate donatus,</HI> in one more then another; &s;o here all are Governors. Now Government being <GAP DESC="foreign">, in the predicament of relation, This <HI>One Per&s;on</HI> and <HI>Freeborn People</HI> mu&s;t forgive me if I do not under&s;tand it.</P>
<P N="11">11. Now if <HI>Monarchy</HI> be the be&s;t Government, then <HI>Democracy</HI> is the <NOTE PLACE="marg">Democracy the wor&s;t of Governments.</NOTE> wor&s;t, becau&s;e mo&s;t different from it. He that will look further into the inconveniences of Popular Government, let him read <HI>Hobbs de Cive, cap.</HI> 10.</P>
<P N="12">12. The woes pronounced by God to that Kingdom <HI>who&s;e King is a</HI> <NOTE PLACE="marg">The woful e&s;tate of men in Ari&s;toracies.</NOTE> <HI>Child, Pro.</HI> 8. 15, 16. <HI>I&s;a.</HI> 3. 4. are as much or more to be feared in an <HI>Ari|&s;tocracy:</HI> For why may not Great men as well agree where the King is a Child, as where there is no King at all? If any of the&s;e Governments be mon&s;trous and u&s;urped, This, and <HI>Democracy</HI> are; for God never in&s;tituted any &s;uch, nor ever commanded any obedience to either: nor was there ever any but originally were introduced by unju&s;t violence and u&s;urpation. It is therefore ju&s;t with God that they who would not be content to be governed and protected by his Ordinance, &s;hould be perpetually obnoxious to Seditions, Con&s;piracies, and liable to &s;erve many Ma&s;ters, and always liable to pay Soldiers wages to force them to perpetual &s;lavery and poverty. Under bad Kings, innocent Subjects are protected from the Ambitious; and their Tyranny extends u&s;ually to Courtiers, and tho&s;e who would unju&s;tly u&s;urp dominion over their Fellow-&s;ubjects: Whereas bad Governors in States and Popular Governments, bring unavoidably confu&s;ion and ruine upon the Governed in general.</P>
<P><LABEL>Object.</LABEL> I do expect to have the State of <HI>Venice</HI> oppo&s;ed to this a&s;&s;ertion of all Democratical and Ari&s;tocratical Governments being originally u|&s;urped.</P>
<P><LABEL>Sol.</LABEL> But if it be true (as we &s;hall hereafter demon&s;trate) that &s;ubjection of Subjects to rightful Princes does depend upon higher then any humane or voluntary cau&s;es; And therefore it was truly re&s;olved by all the Judges of <HI>England,</HI> That Natural Allegiance is not circum&s;cribed to any place: Then (although the Empire was much rent with divi&s;ions) could not the <NOTE PLACE="marg"><HI>Calvins ca&s;e, tit.</HI> 4. <HI>page</HI> 7.</NOTE> <HI>Venetians,</HI> although driven by the fury of <HI>Attila's</HI> excur&s;ions, into tho&s;e I&s;les of the Adriatique &s;ea, where <HI>Venice</HI> now &s;tands, for their pre&s;ervation, free them from their obedience and &s;ubjection due to <HI>Valentinian;</HI> nor without u&s;urpation and wrong to him, could they erect them&s;elves into an Ari&s;tocracy.</P>
<P N="13"><PB N="63" REF="95"> 13. Perfection con&s;i&s;ts in Integrals; and where any thing is not <NOTE PLACE="marg">Ari&s;tocracy and Demo|cracy are im|perfect Go|vernments.</NOTE> made up of all the parts of it, there that thing is deficient and imperfect: But the Government of Ari&s;tocracy and of Democracy does not con&s;i&s;t of the whole part of the Men governing, but of the major part: The Governments therefore of Ari&s;tocracies and Democracies are deficient and imperfect Governments.</P>
<P><HI>Socrates</HI> asks <HI>Euthyphro,</HI> Whether in every action, one and the &s;ame <NOTE PLACE="marg">Annot. Plato. Euthyphro.</NOTE> thing be the &s;ame thing to it &s;elf, pious or holy? and in like manner, Whether an impious or profane thing, plainly contrary to an holy thing? <HI>Euthyphro</HI> a&s;&s;ents to it. <HI>Socrates</HI> bids <HI>Euthy.</HI> define what is holy, what profane: <HI>Euthy.</HI> defines <HI>holy,</HI> to be the doing the will of the Gods; and <HI>profane,</HI> to do contrary to the will of the Gods. <HI>Socrates</HI> asks <HI>Euthy.</HI> Whether the Gods had all the &s;ame will? and whether it were true which the Poets, Painters, and Preachers report of the Gods, that there was war, great counterfeiting, and fights among the Gods? <HI>Euthy.</HI> confe&s;&s;es it, and more marvellous things which the common people were ignorant of. <HI>Socrates</HI> asks <HI>Euthy.</HI> If a holy thing be grateful to God, and a holy man be acceptable to God, whether holy and profane can be the &s;ame thing? or whether they be not plainly contrary to one another? <HI>Euthy.</HI> confe&s;&s;es it. <HI>Socrates</HI> asks <HI>Euthy.</HI> if the controver&s;ies, wars, and di&s;&s;entions among the Gods, were concern|ing things ju&s;t and unju&s;t, good and bad, hone&s;t and di&s;hone&s;t? <HI>Euthy.</HI> con|fe&s;&s;eth it. <HI>Socrates</HI> asks <HI>Euthy.</HI> Whether in all matters of controver&s;ie, men mu&s;t not have recour&s;e to &s;ome certain Rule, to which with an in|different mind they mu&s;t &s;ubmit? <HI>Euthy.</HI> confe&s;&s;eth. <HI>Socrates</HI> asks <HI>Euthy.</HI> Whether they might not have recour&s;e to the will of the Gods, whether that thing and controver&s;ie between them were good or bad, ju&s;t or unju&s;t? <HI>Euthy.</HI> a&s;&s;ents. <HI>Socrates</HI> asks <HI>Euthy.</HI> Since that the di&s;&s;entions of the Gods were concerning things ju&s;t and unju&s;t, whether this thing might not put them into di&s;&s;entions and wars? <HI>Euthy.</HI> confe&s;&s;eth. <HI>Socrates</HI> asks <HI>Euthy.</HI> Whether the Gods do think other things ju&s;t and unju&s;t, hone&s;t and di&s;|hone&s;t, good or bad? and that they could not be at &s;trife, unle&s;s about the&s;e things? <HI>Euthy.</HI> a&s;&s;ents they could not. <HI>Socrates</HI> asks, if the Gods love things good and ju&s;t, and hate and per&s;ecute tho&s;e things contrary to them? <HI>Euthy.</HI> grants. <HI>Socrates</HI> asks, Whether &s;ome of the Gods might not think the &s;ame things ju&s;t, others unju&s;t; and while they di&s;&s;ent about tho&s;e things, &s;tir up &s;edition and wars among them&s;elves? <HI>Euthy.</HI> confe&s;&s;eth. The &s;ame things therefore the Gods both love and hate; and tho&s;e things which are envied by &s;ome, are grateful to other of the Gods, and the &s;ame things &s;acred, and prophane; which <HI>Euthy.</HI> could not deny. Such is the condition of men in Ari&s;tocracies and Democracies, that while they &s;eek to plea&s;e one part of their Governors, they di&s;plea&s;e another. Nor can men in &s;uch a condition be &s;ecure, that obeying one part, they &s;hall di&s;|plea&s;e another part, and &s;o excite them to endle&s;s debates and war. The &s;ad and woful truth of the&s;e things, this poor Nation hath of late made &s;ufficient trial of.</P>
<P N="14">14. There is nothing in this world, but is &s;ubject to humane frailty; <NOTE PLACE="marg">The incom|modities of Monarchy.</NOTE> no Ro&s;es without prickles. And though Monarchy be the be&s;t of Govern|ments, yet &s;o long as it is exerci&s;ed by Men, and &s;ince Kings are but Men, and therefore &s;ubject to humane frailty, it cannot be expected that all Kings &s;hould &s;o perfectly exerci&s;e their authority, but that &s;ome mi&s;chiefs will
<PB N="64" REF="96"> happen from them: Nor indeed can it be imagined but &s;ome mi&s;chiefs will happen to particular men, from the be&s;t of Humane Laws; yet without Humane Laws and Government, can never the inconvenience of Tumults and Confu&s;ions be avoided.</P>
<P>The Objections again&s;t Monarchy, are u&s;ually,</P>
<P>Fir&s;t, That in the infancie of a King, all things are &s;ubject to con|fu&s;ion and alteration. <HI>It is true; and therefore God pronounceth &s;uch an e&s;tate</HI> <NOTE PLACE="marg"><HI>Prov.</HI> 8. 16.</NOTE> <HI>woful: Yet is &s;uch an e&s;tate no wor&s;e then Ari&s;tocracy, which is better then Democracy.</HI></P>
<P>Secondly, That &s;ub&s;equent Kings do not de&s;ire to rule by the Laws made by their Ance&s;tors, but by Laws made by them&s;elves; and &s;o their Subjects are always in an un&s;etled condition, and &s;ubject to alterations. <HI>The Laws of the</HI> Medes <HI>and</HI> Per&s;ians <HI>were unalterable, yet the Government was always Monarchy. And let a man look into all places of the known world, where the Government is Hereditary Monarchy, if the Government be not from long received and e&s;tabli&s;hed Laws, which is the Princes greate&s;t &s;ecurity; and therefore in rea&s;on ought rather to &s;uffer &s;ome mi&s;chief from them, then venture an inconvenience by altering them: Whereas in the other Governments, where Factions and mens Intere&s;ts bear &s;o great a &s;way, they are daily &s;ubject to muti|lation and alteration. And let any man &s;ee how unlike all the Parliaments &s;ince</HI> 1640. <HI>have been in their Intere&s;ts and Factions; and all of them would have innovated all the e&s;tabli&s;hed Laws of this Nation, if they could have agreed upon any thing in &s;tead of them.</HI></P>
<P>Thirdly, That it is an unrea&s;onable thing, Mens lives and e&s;tates &s;hould terminate in the Will of one Man, and it may be this Man a wicked and tyrannous Man. <HI>But if it be nece&s;&s;ary that the&s;e things mu&s;t depend upon &s;ome Humane cau&s;e, how much better is it for Men to be &s;ubject to one Man then many?</HI> Nor can any thing be objected again&s;t Monarchy, but will be of more force again&s;t either of the other Governments.</P>
<P N="15">15. Tho&s;e Men who imagine to frame a Democracy or Common|wealth <NOTE PLACE="marg">It is abhorrent and impo&s;&s;ible to frame a Common|wealth in <HI>England</HI> from the example of the <HI>Romans</HI> and <HI>Atheni|ans.</HI></NOTE> here in <HI>England,</HI> from the example of the <HI>Romans</HI> or <HI>Athenians, &amp;c.</HI> let them con&s;ider two things. Fir&s;t, That by a general abhorrence of Man|kind, Democracy hath been exploded upon the face of the Earth for above 1700 years, (if the Cantons of <HI>Switzerland</HI> be not Democratical, who have almo&s;t ever &s;ince their Rebellion again&s;t <HI>Wence&s;laus</HI> about the year 1400. (when they fir&s;t formed them&s;elves into a Democracy) continued merce|nary Mankillers to the Intere&s;ts of the Pope, and the Kings of <HI>France</HI> and <HI>Spain.)</HI> Secondly, The &s;tate of the Inhabitants of <HI>Rome</HI> and <HI>Athens,</HI> were the People, who were <HI>Civitate donati,</HI> Libertines, or ab&s;olute Slaves; but with us the Ca&s;e is quite another thing; for, every Man hath as much right to his Freedom as another, by birth. It is therefore meer folly, from Cau&s;es &s;o unlike, to produce like things. Be&s;ides, if a man con&s;iders the condition of this Nation ever &s;ince Monarchy was rejected, that in le&s;s then the re|volution of Twenty years, the Publique Charge hath been twenty times more then in Five hundred years before; Not only the Nobility and Gentry in general &s;eque&s;tred and undone, but the Publique Revenues both of Church and Crown wa&s;ted and &s;old, all Veneration of Divine and Humane Laws lo&s;t and neglected, all Commerce with Foreign Nations interrupted, and the Nation hated and de&s;pi&s;ed by Foreigners; the mo&s;t Renowned places, which the Piety of our Ance&s;tors founded
<PB N="65" REF="96"> for the Wor&s;hip and Service of God, prophaned and made Stables for Hor&s;es; The Governors, in &s;tead of minding the Publick good, intending only by all unju&s;t means to prefer them&s;elves and creatures; And at this day a greater Debt upon the Nation, then our Parliaments for 400 years have given our Kings, (except the &s;acrilegious gifts of Church-lands) and the Nation &s;till degenerating into wor&s;e; &s;ure no &s;ober man would be in love with Commonwealths.</P>
</DIV3>
<DIV3 N="5" TYPE="chapter">
<HEAD>CHAP. V. Of Sedition.</HEAD>
<P N="1">1. BEfore we proceed to the Fathers, Husbands, and Ma&s;ters Power, <NOTE PLACE="marg">Of Sedition.</NOTE> it will not be ami&s;s to take a &s;hort view of Sedition, and what di&s;|po&s;es men to it of them&s;elves, and how they are di&s;po&s;ed to it by them who are in &s;upreame Authority. Sedition properly &s;ignifies <NOTE PLACE="marg">Seditio, quid.</NOTE> a going apart, or a&s;under: As the &s;ubmitting and uniting of Subjects to their lawful head, cau&s;es peace and quiet, from whence follows ea&s;e and plenty; &s;o &s;edition cau&s;es di&s;cord and War, which unle&s;s timely &s;uppre&s;&s;ed, either ends in Tyranny, that is, by &s;etting up one or more of the &s;editious, in place of him who by right ought to command, or opens a gap to be overwhelmed of forrain powers. See <HI>Hobbs de Cive, cap.</HI> 12.</P>
<P N="2">2. This is the mo&s;t antient &s;in, the fir&s;t of our fir&s;t parents, the de|&s;ire <NOTE PLACE="marg">The de&s;ire of judgment di&s;po&s;es men to &s;edition.</NOTE> of being like to God, judging good and evill: <HI>Therefore God &s;ent him out of the garden to till the ground, Gen.</HI> 3. 22, 23. Ab&s;oloms <HI>ambition was, that he might judge the land,</HI> 2 <HI>Sam.</HI> 15. 4. which only did belong to his Father; and by the Fir&s;t propo&s;ition of <HI>cap.</HI> 3. <HI>lib.</HI> 2. all judgment belongs to him who is &s;upream; The opinion therefore, that judgment of good and bad belongs to the Subjects in general, or to any in particular, is a &s;editious opinion. It is impo&s;&s;ible that judgment removed from the head, &s;hould abide any where: for the unrea&s;onable appetite of men doth deem things good or bad, not as they are in them&s;elves, but as they ap|pear profitable, or not, to them; from whence it comes to pa&s;s, that the &s;ame action is prai&s;ed by one man as virtuous, and by another is blamed as vitious; neither can there be any remedy for this thing, but the &s;ubmi&s;&s;ion of every mans judgment, to the judgment of another. Be&s;ides judgment of good and evil, is to put an end to all difference; and what end can there be of difference, when as either every man may judge alike, or no man can tell who &s;hall be Judge?</P>
<P N="3">3. It was <HI>Adams</HI> an&s;wer to God, when he asked him whether he had <NOTE PLACE="marg">Di&s;obedience to Lawes.</NOTE> eaten of the tree whereof he commanded him not to eat; <HI>The woman which thou gave&s;t me, gave me of the tree, and I did eat.</HI> It is u&s;ual with &s;editious men when they are di&s;po&s;ed to &s;edition, to oppo&s;e the laws of God again&s;t humane, and plead con&s;cience, becau&s;e through their &s;tubbornne&s;s they will not receive humane laws. What follows? No private man but may a&s;&s;ume to him&s;elf as much liberty as another, and every man will de&s;ire to &s;eem as tender-con&s;cienced as another; &s;o that, <HI>In nomine Domini incipit omne malum:</HI> Men pretending con&s;cience, de&s;troy all &s;ociety and govern|ment,
<PB N="66" REF="97"> It is therefore a &s;editious opinion to affirm, that &s;ubjects &s;in obeying their Soveraigns in all things not contradicting Faith, Religion, or the Law of Nature.</P>
<P N="4">4. When men abound with wealth and ea&s;e, partly by their own na|tural <NOTE PLACE="marg">Ambition.</NOTE> affection, and excited by their flatterers, deem them&s;elves &s;lighted if they have not honor and power in their conceipt proportionable to their wealth, no wonder if they &s;tudy novelty to acquire popular affection, in lieu of what they call Court-favor.</P>
<P N="5">5. When men are over-conceited of their parts and abilities, and be|cau&s;e <NOTE PLACE="marg">Envy.</NOTE> they are not preferred in Church or State, according to their de&s;ires, u&s;e their abilities to promove the affections of a faction contrary to what is Trump, (as they call it) which, where liberty may be not only di&s;puted, but oppo&s;ed to Prerogative, &s;hall never be wanting; a &s;mall deale of wi&s;|dome &s;erves the turn, a little eloquence is enough, if they can u&s;e &s;ome &s;mall flouri&s;h of words (no matter whether they be to the purpo&s;e or not) at Markets, Sermons, Bull-baitings, &amp;c. and then tell the auditory, that this thing done in State is again&s;t law, and that thing done in Church is a|gain&s;t con&s;cience; no minding of what is their duty, all their talk is judg|ing their &s;uperiors; and this buzzed into the heads of light and incon&s;tant men, begets all the talk of the Country, and is beleeved with the &s;ame Faith they beleeve the Go&s;pel or their Creed; and if Authority &s;hall en|deavor to &s;uppre&s;s the further growth of &s;uch &s;editious practice, by puni&s;h|ing the Authors, it will be deemed by the well-affected, no le&s;s then an in|va&s;ion upon the liberty of the &s;ubject, and per&s;ecution of the Go&s;pel.</P>
<P N="6">6. If <HI>Lex lata</HI> had any obligation upon the Legi&s;lator, then were the Creature &s;ubject to the Creator, and the Father obliged to what he com|mands <NOTE PLACE="marg">That &s;upream Princes are obliged by their own Laws, is a &s;editious opi|nion.</NOTE> his Son, and the Ma&s;ter to what he bids his Servant, and God to what he commands Man, which is ab&s;urd, nor is it le&s;s ab&s;urd that the &s;upreme power &s;hould be obliged by the Laws given to Subjects. They who a&s;&s;ert that &s;upream Princes are obliged by their own Laws, &s;hould do well to make their Children &s;hooes and cloathes, to &s;erve them when they are men; For as mens vices and manners vary, &s;o mu&s;t humane Laws. But men neither con&s;ider them&s;elves nor Princes, in a&s;&s;erting this: For Princes are in a more vile condition then the poore&s;t man, not to have the freedom of will; and they them&s;elves are left to the rigor of the Law without hope of mercy. How can any man accu&s;e <HI>Hen.</HI> 7. for his rigid exacting the penal laws; when by this opinion he had not power to remit any thing of them? And why do men tax <HI>H.</HI> 8. for a cruel man and a Tyrant, becau&s;e he put &s;o many men to death for not acknowledging his head&s;hip of the Church, the not &s;ub&s;cri|bing the &s;ix Articles, <HI>&amp;c.</HI> if he were obliged by his own Laws? Nay, they do not allow Queen <HI>Mary</HI> a power to releive any Prote&s;tant, given over to the &s;ecular power by Bi&s;hop <HI>Bonner.</HI> From this very opinion &s;prang all the mi&s;eries for the&s;e la&s;t 18 years; <HI>Scots</HI> had liberty to invade us, but the King was obliged by his own Laws not to relieve his oppre&s;&s;ed and afflicted Subjects. This was that which gave the <HI>Turks</HI> fir&s;t entrance into Chri&s;ten|dom; for while the wrangling <HI>Grecians</HI> not content with their rightful Em|perors, place u&s;urpers in their rooms, who to gratifie them again, and to &s;trengthen them&s;elves again&s;t the right heirs, care not what they grant their well-affected Subjects, which &s;o weakned the power of the <HI>Grecians,</HI> that conte&s;ting with their Emperors about their liberties and priviledges, which
<PB N="67" REF="97"> their u&s;urping Emperors had granted them, and neglecting their common (and at fir&s;t de&s;pi&s;ed) enemies the <HI>Turks,</HI> they were all overcome in a &s;hort time by a handful of men obedient to their Prince. And what private man can a&s;&s;ume to him&s;elf the knowledge of good and evil, that is, a&s;cribe to him&s;elf a power over his Superior, by judging whether he hath tran&s;gre&s;&s;ed the Law, or not? And let any man &s;hew that ever our Parliaments, as they call them&s;elves, Councils of State or Safety, were ever obliged by their own Laws, and I will &s;ubmit that rightful Princes are obliged by their own Laws.</P>
<P N="7">7. There is nothing more to be wi&s;hed in this world, then that the <NOTE PLACE="marg">That &s;upreme power may be modera|ted.</NOTE> Will of them which command, might be moderated and re&s;trained to Rea&s;on; as that Kings, Fathers and Ma&s;ters &s;hould never exact any thing of their Subjects, Children and Servants, but what were rea&s;onable. But it is impo&s;&s;ible that the Supreme power can be moderated, unle&s;s it be di|vided, or &s;ubject to the Moderators: It is therefore a &s;editious opinion, That Supreme power may be moderated.</P>
<P N="8">8. All right that any Creature hath to any thing, is either from the <NOTE PLACE="marg">That any man has any thing proper again&s;t the Supreme power.</NOTE> Law of Nature, or from &s;ome Humane Law; but no Subject can have <HI>Praedium directum cujus nullus author e&s;t ni&s;i Deus.</HI> Sir <HI>E. Co. Com. Lit. pag.</HI> 1. <HI>b. qui dominium non habet, dominus non e&s;t.</HI> And he that holds of none, is Lord of all; which no Subject can be. It is therefore a &s;editious opinion, That any Subject hath any thing proper again&s;t his Soveraign.</P>
<P N="9">9. There has not any thing for more then this la&s;t Century, cau&s;ed &s;o <NOTE PLACE="marg">That the people may reform, where Princes will not.</NOTE> much di&s;&s;ention and blood&s;hed among Chri&s;tians (to the &s;hame of Chri&s;ti|anity) as the &s;pecious pretence of Reformation. The <HI>Turk,</HI> either re&s;trained by God, or not willing to be an Enemy to Mankind, hath been only a &s;pectator, not actor in this Tragedy. <HI>The end doth &s;anctifie the means,</HI> was a doctrine generally received among the&s;e Reformers; if the end were Reformation, it was no matter by what means it was brought to pa&s;s. Hence it was, that every where in the We&s;tern world, men di&s;po&s;ed to &s;edition, made Reformation their pretence: No Prince mu&s;t u&s;e his power to re&s;train them; if he do, <HI>Calvin</HI> gives them a le&s;&s;on, <HI>Abdicant &s;e pote&s;tate terreni</HI> <NOTE PLACE="marg"><HI>Comment. on Dan.</HI> 6. 21.</NOTE> <HI>Principes, dum in&s;urgunt contra Deum; immo indigni &s;unt qui cen&s;eantur in hominum numero; potius ergo oportet con&s;puere in illorum capita, quam illis parere, ubi &s;ic proterviunt ut velint &s;poliare Deum jure &s;uo:</HI> Earthly Princes do dive&s;t them&s;elves of power, when they &s;et them&s;elves again&s;t God; yea, they are not worthy to be accounted in the number of men: Men ought therefore rather to &s;pit upon their heads, then obey them, where they deal &s;o &s;aucily, as if they would &s;poil God by their right. And <HI>Luther; Ab omnibus hominum legibus exempti &s;umus, libertate nobis Christiana per</HI> <NOTE PLACE="marg">Lib. de captiv. Babil. de ba|pti&s;mo.</NOTE> <HI>bapti&s;mum donata:</HI> We are freed from all Laws of Men, liberty being given us by Bapti&s;m. <HI>Et &s;cio nullam rempublicam feliciter legibus admini&s;trari;</HI> I know there is no Commonwealth happily governed by Laws. And, <HI>Turpe enim e&s;t &amp; iniquiter &s;ervile, Chri&s;tianum hominem, qui liber e&s;t, aliis</HI> <NOTE PLACE="marg">Cap. de matri|monio.</NOTE> <HI>quam coele&s;tibus &amp; divinis &s;ubjectum e&s;&s;e legibus:</HI> It is a filthy and unju&s;t &s;ervile thing, that a Chri&s;tian man which is free, &s;hould be &s;ubject to any <NOTE PLACE="marg">Cap. de &s;acr|ord.</NOTE> but Heavenly and Divine laws. And whether the&s;e mens followers have not well practi&s;ed their Lectures, where&s;oever they have been tolerated either in <HI>Germany, Bohemia&punc; Austria</HI> Upper and Lower, <HI>Hungaria, Tran&s;ilvania, Sweden, France, England, Scotland, Low-Countries, Geneva, &amp;c.</HI> let any
<PB N="68" REF="98"> man who hath read the Combu&s;tions of Chri&s;tendom, judge; and the Anabapti&s;ts and all other Sects may from their principles ju&s;tifie all their actions.</P>
<P N="10">10. There is nothing more manife&s;tly commanded by God in the <NOTE PLACE="marg">That tempo|ral good fol|lows in order to &s;piritual.</NOTE> Old and New Te&s;tament, then obedience to Temporal Princes; yet there is nothing more endeavored (to the &s;hame of Chri&s;tians) then by pre|tence of Religion, to u&s;her in Rebellion. By this opinion are all Chri&s;tian Princes made in a wor&s;e condition then Infidel or Mahumetan, and &s;ubject to the Spiritual powers in their Temporal juri&s;diction. But, <HI>mutato nomine,</HI> a new generation of men have &s;prung up, and changed<HI>&mdash;Bonum temporale &s;equitur in ordine ad bonum &s;pirituale,</HI> into<HI>&mdash;The wicked have no right to their goods;</HI> and, <HI>It is lawful for the children of I&s;rael to rob the E|gyptians.</HI></P>
<P N="11">11. <HI>The King is greater then the Singulars, and le&s;s then all his Subjects;</HI> <NOTE PLACE="marg"><HI>Rex major &s;in|gulis, &amp;c.</HI> is a &s;editious opinion.</NOTE> is a Fools bolt &s;hot at &s;uch random, that it is not worth the mea&s;uring whether it be near the mark, or not: For not only all Subjects owe their obedience, as much as every one; but never was any Prince univer&s;ally re|jected or di&s;obeyed by his Subjects.</P>
<P N="12">12. See Sir <HI>Ed. Coke,</HI> 3. <HI>par. In&s;t. pag.</HI> 9. <HI>On &s;i homme leva guerre encontre</HI> <NOTE PLACE="marg">That Subjects may upon any prerence levy war without con|&s;ent of the Supreme power, a &s;e|ditious opini|on. See <HI>Calv. ca&s;e</HI> 11, 12.</NOTE> <HI>no&s;tre Seignieur le Roy:</HI> This was High Trea&s;on by the Common Law; for no Subject can levy War within the Realm, without authority from the King, for to him it only belongeth. And a little after; If any levy War to expul&s;e &s;trangers, to deliver men out of pri&s;ons, to remove Councellors, or any other end pretending Reformation of their own heads, without war|rant, this is a levying of War again&s;t the King, becau&s;e they take upon them the Royal authority, which is again&s;t the King.</P>
<P N="13">13. Let no Prince ever hope for obedience from his Subjects, who <NOTE PLACE="marg">Negligence in the wor&s;hip of God.</NOTE> takes no care that God be duly &s;erved by them: For, where the fear of God is not, men will not honor their King, but are di&s;po&s;ed to &s;e|dition.</P>
<P N="14">14. Honor is nothing el&s;e, then the e&s;timation of anothers power <NOTE PLACE="marg">Contempt of the Regal power, di&s;|po&s;es men to &s;edition.</NOTE> <HI>viz.</HI> That a man hath power to protect, reward, and puni&s;h another. And prudent Princes ought &s;o to maintain the reputation of this in their Sub|jects, that it may be received and believed of all: For be&s;ides that ill men will, where there is no fear of puni&s;hment, become more licentious; gene|rally all men ambitiou&s;ly (where they are not re&s;trained by fear) de&s;ire to in&s;ult over their Superiors. <HI>Ae&s;op</HI> gives an Item of this la&s;t, in the Fable of the Logg which <HI>Jupiter</HI> gave the Frogs for their King; when they became fearle&s;s of it, every one jumped in&s;ultingly upon it: And examples of the former are clearly &s;een in men, who condemned for offences to death, they penitently acknowledge their faults, and de&s;ire forgivene&s;s of that Power that puts them to death; whereas &s;carce any offender fearle&s;s of puni&s;hment, did ever &s;ubmit and ask forgivene&s;s for it. Princes therefore ought princi|pally to take care, how either by their vices, remi&s;s Government, or other|wi&s;e, they make their per&s;ons or power contemptible; for when power is contemptible, the exerci&s;e of it is never permanent.</P>
<P N="15">15. If the Age tends to wor&s;e, and men of this latter Age have been <NOTE PLACE="marg">Conce&s;&s;ions of Princes to their Subjects, di&s;po&s;es them to &s;edition.</NOTE> wor&s;e then in the precedent, as men generally hold; and if Princes power, in Ages when Mankind did not &s;o fa&s;t degenerate into all forbidden wicked|ne&s;s, were not &s;ufficient at all times to re&s;train the &s;editions and di&s;orders
<PB N="69" REF="98"> of their Subjects; then is it a mo&s;t unrea&s;onable thing in Princes to in|dulge this ambitious de&s;ire of their Subjects, by granting them liberties and priviledges which they had not before. And if any man can &s;hew that ever any where in the world, Princes did make their Subjects better by granting them a more then u&s;ual liberty, but only made them more arrogant to demand more, until their Maje&s;ties and Authorities became &s;o con|temptible, that in &s;tead of governing their Subjects, they mu&s;t be content to have what terms their Subjects plea&s;e to impo&s;e upon them, or to reject them, which in the end they will a&s;&s;uredly do; I will be content to believe Princes do prudently, by granting to their Subjects all their real Prero|gatives, and retaining only, or &s;ome &s;mall matter more, then the empty Title.</P>
<P N="16">16. It is not only the office of a Prince, that good Laws be made, but <NOTE PLACE="marg">If Laws be not carefully executed.</NOTE> that they be carefully put in execution. There is no man who does not will and de&s;ire to be happy; but few men who are daily &s;ollicitous and indu&s;tri|ous to attain to happine&s;s. It is the part of fooli&s;h men, only to will and wi&s;h; but the part of prudent men, to do wi&s;ely. A man &s;hall &s;ee it in a family, where the Ma&s;ter only commands, and never looks to the doing, that in a &s;hort time, though he commands much, he will have little performed: And where Subjects have gotten a licentious habit of neglecting or tran&s;gre&s;&s;ing Laws, it will prove a hard thing to reclaim them, whereas they might have been ea&s;ily pre&s;erved in their obedience by care|ful execution of the Laws.</P>
<P N="17">17. There is nothing more dangerous in Church or State, then Inno|vation: <NOTE PLACE="marg">Alterations of Laws.</NOTE> It is therefore the mo&s;t &s;ecure way of governing (when mens manners and vices do not require new Laws) by the antient and received Laws of a Nation: This will &s;ecure the Prince from the imputation of Tyranny; he may better hope to pre&s;erve a &s;trong hou&s;e built upon a &s;ure foundation, then by de&s;troying it, to undertake to build another, which he either knows not how to fini&s;h, or having built it, cannot hope it will be better then the other, or cannot tell whether it will be of any continuance, but falling will overwhelm him in the ruine of it. Be&s;ides, the Subjects from the example of their Prince will become &s;tudious of innovation, and cen&s;ure what&s;oever Laws he pre&s;cribes in lieu of the old ones: Tho&s;e he gives, if they plea&s;e one, will di&s;plea&s;e another; it will be the only talk of the City, Country, and Market: If he puni&s;h any oppo&s;er, (for it is not po&s;&s;ible but di&s;advantage will be to many, and the lo&s;er will &s;peak) he &s;hall by all his faction be cried up for a Martyr and Patriot of his Country and Laws: It will make Subjects diffident of their condition, and fearful that having Property by the old Laws, they &s;hall lo&s;e all by new ones. Yet there is no|thing in this world can &s;ecure men, and make their condition permanent: For, what is u&s;ually objected by &s;editious men again&s;t their Prince, <HI>viz.</HI> the invading and not &s;uffering freeborn Subjects to have the benefit of their antient Laws and Cu&s;toms, was imputed a crime to our late King, who was per&s;ecuted by his own Subjects, becau&s;e he adhered to the known and received Laws of the Land; for, after the year 1642. there was not any Petition pre&s;ented to the King by one or both Hou&s;es of Parliament, but was again&s;t the e&s;tabli&s;hed Laws of this Nation. But no que&s;tion, it was not the Kings adherence to the Laws, but the iniquity of the Times, which brought &s;o great a calamity upon him&s;elf, his Queen and Po&s;terity.</P>
<P N="18"><PB N="70" REF="99"> 18. If there be any happine&s;s in this world or the world to come, which <NOTE PLACE="marg">Re&s;uming any thing granted to Subjects.</NOTE> may be hoped for by any man, no que&s;tion but it is to be attained by Ju&s;tice and Obedience; and Ju&s;tice and Obedience is, in receiving and doing the Commands of our Superiors; nor can any one be a ju&s;t or obedient man in any thing, wherein he makes not his Superior (that is, God, Church, King, Father, Mother, or Ma&s;ter) the rea&s;on or rule of it. Yet there is nothing more de&s;ired and pretended by ignorant and &s;editious men, then liberty: And wherein do they place this liberty, but in weakening the power of him to whom they owe their &s;ubjection? And the more any Prince grants to his Subjects, the more liberty the Subjects a&s;cribe to them&s;elves, and the le&s;s power to their Soveraign; and will rather be de|voured by forein Enemies, then endure that their true Prince &s;hall infringe their liberties by re&s;uming any thing granted them, although it be for their nece&s;&s;ary defence and pre&s;ervation.</P>
<P N="19">19. Government is endangered either by inte&s;tine broils which are <NOTE PLACE="marg">Granting pri|viledges to particular places, cau&s;es &s;edition.</NOTE> rai&s;ed by factious and &s;editious men, or forein war; and Princes ought to be more careful to pre&s;erve their Subjects in general from inte&s;tine then forein war: For be&s;ides that civil wars are more dangerous to the Crown then forein, &s;o inte&s;tine wars always end in lo&s;s of &s;ubjects in general, where|as by forein wars much benefit may ari&s;e to King and &s;ubjects. And there is nothing &s;o much de&s;ired, and that can &s;o much conduce to the &s;uppre&s;&s;ion of factions and &s;editions, as the equal and due admini&s;tration of the &s;ame Laws to Subjects in general. But in vain &s;hall Princes endeavor to &s;uppre&s;s factions and &s;editions, when they make them, by making &s;o many Factions, as they make Corporations: For who does not &s;ee what an antipathy there is between the Country-Ju&s;tices, and the Magi&s;trates (as they call them) of Corporations, where they agree not <HI>in aliquo tertio,</HI> that is, in &s;ome mi&s;|chief, plainly in advantage of the Corporation? And let any man &s;hew one Corporation of an hundred, which hath not u&s;ed the Priviledges granted them by Princes, to the di&s;&s;olving of that Power which granted them their Priviledges. <HI>Eccle&s;ia&s;ticus</HI> &s;ays, <HI>That without Handicrafts men and Trade&s;men</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 38. 32, 33.</NOTE> <HI>a City cannot be inhabited; but they &s;hall never &s;it in the place of Judicature:</HI> And indeed, what thing can there be more abhorrent, then that men, who by fraud and unju&s;t gains have gotten much money, &s;hould therefore &s;it in Judicature, and judge and condemn poor men to death for &s;mall offences in compari&s;on of theirs, and different only in this, that the one committed their offences fraudulently and covertly, and the other forcibly and vio|lently?</P>
<P N="20">20. As in mens natural bodies, well-ordered action is much conducing <NOTE PLACE="marg">Long peace di&s;po&s;eth men to &s;edition.</NOTE> to the pre&s;ervation of health, and overmuch ea&s;e and &s;loth the original of many di&s;tempers, which cannot be recovered without bloodletting and phy&s;ick: &s;o in the bodies of Kingdoms and Empires, a well-ordered <HI>Militia</HI> con&s;tantly kept in action, conduceth much to the pre&s;ervation of a Nation; whereas &s;loth, and neglecting military di&s;cipline, makes a Nation not only unfit and unweildy to defend it &s;elf again&s;t its outward Enemies, but al&s;o contracts infinite Civil di&s;tempers within it &s;elf, all tending to a Civil war. Well therefore might <HI>Cato Major</HI> in his great wi&s;dom cry out in open Senate, That &s;oldiers and men of war were to be &s;till bu&s;ied in arms far from home; for that in &s;o doing all &s;hould go well with the State, and the glory thereof increa&s;e. And the <HI>Romans</HI> always judged an external war the mo&s;t requi&s;ite
<PB N="71" REF="99"> and nece&s;&s;ary remedy to prevent an inte&s;tine. And no doubt but this is <NOTE PLACE="marg">See <HI>Bod. de rep lib.</HI> 5. 563.</NOTE> at this day, the Politick rea&s;on of the long wars which <HI>France</HI> makes a|gain&s;t <HI>Spain,</HI> rather then any fear or hatred of the Nations one to another. It is therefore a mi&s;erable condition in which Princes are (without Gods great and &s;pecial favor to them) that either they mu&s;t maintain a forein war, and &s;o become accountable to God for all the blood which &s;hall be &s;pilt, if unju&s;tly undertaken; or el&s;e by long peace and ea&s;e di&s;po&s;e their own &s;ub|jects to the ruining and de&s;troying of one another. It is &s;aid of Q. <HI>Eliz.</HI> that &s;he would never con&s;ent to the total &s;ubver&s;ion of <HI>Dunkirk,</HI> le&s;t that by a carele&s;s neglect of providing for them&s;elves, the Seamen &s;hould be forget|ful, and unfitting for Naval warfare. And <HI>Scipio African</HI> would not give his con&s;ent to the utter &s;ubver&s;ion of <HI>Carthage,</HI> le&s;t that the <HI>Romans (Car|thage</HI> being de&s;troyed) &s;hould not find another Nation which might keep the <HI>Roman</HI> Valor exerci&s;ed, and &s;o by its own unactivity and &s;loth, it &s;hould degenerate and be di&s;&s;olved. Be&s;ides the excellencies of Military di&s;cipline, (not but that any thing may be abu&s;ed) by which Nations are protected from Foreign enemies; not only Religion, Ju&s;tice, Peace, Learning, &amp;c. are internally pre&s;erved; it al&s;o makes men indu&s;trious and active in bu&s;ines, valiant in dangers, temperate in their de&s;ires, and to be wary and prudent in their actions. It is indeed an admirable thing to con&s;ider, how the mo&s;t wi&s;e, greate&s;t, and be&s;t God hath attempered all things: Not only that all things are differing, if not contrary to one another, but al&s;o hath made and placed all Nations &s;o enemies one to one another, that he may by the help of one, revenge the injury and inju&s;tice which is done by another; that &s;o from fear of danger, all might be kept within the bounds of their duty. Hence it was that God &s;aid, <HI>I will henceforth not cast out before me one man of the nations which Jo&s;uah left when he died, that through them I may prove</HI> <NOTE PLACE="marg">Judg. 2. 21, 22. &amp; 3. 1.</NOTE> <HI>I&s;rael, whether they will keep the way of the Lord and walk therein, as their fore|fathers did, or not. And the&s;e are the nations which the Lord left, that he might prove I&s;rael.</HI></P>
<P N="21">21. There is nothing more e&s;tabli&s;heth a Throne than Judgment, <NOTE PLACE="marg">Selling of places of Ju|dicature, cau&s;eth &s;edi|tion.</NOTE> (which is giving &s;entence according to Law) but he that buyes the place, mu&s;t needs &s;ell judgment, or el&s;e he will be a loo&s;er by it. And what can more di&s;po&s;e Subjects to &s;editions, and to &s;eek for judgment and right in an ex|traordinary way, then that they cannot hope for it from corrupt Judges? Well therefore &s;aid King <HI>Jugurth</HI> when he departed from <HI>Rome, Vade venalis civitas, mox peritura &s;i emptorem inveneris.</HI> Be&s;ides, who will fear to violate Laws, and endeavor to rai&s;e &s;edition, if he may hope to buy off his puni&s;h|ment, which &s;hould deter him from it, by corrupting the Judge?</P>
<P N="22">22. Though no man hath any thing proper again&s;t him who hath &s;u|preme <NOTE PLACE="marg">Impo&s;ing and rai&s;ing Taxes di&s;po&s;es to &s;edition.</NOTE> power; and although no man can hope to pre&s;erve any thing which he hath, but as he, and what he hath, is &s;ecured by that Power which gives him property; which Power mu&s;t be pre&s;erved by every mans life and fortune, or el&s;e no man can hope to enjoy any thing he holds by that Power; and the paying of Taxes, is to maintain others who are to expo&s;e them&s;elves and their lives in defence of what he and his fellow-&s;ubjects enjoy: Yet are none of the&s;e things con&s;idered by the greate&s;t part of men; but as Mr. <HI>Hobbs</HI> ob&s;erves, The rai&s;ing of Taxes makes men fire as tho&s;e who are in <NOTE PLACE="marg"><HI>Cap.</HI> 12. <HI>art.</HI> 9.</NOTE> the di&s;ea&s;e called <HI>Incubus,</HI> (or as we &s;ay, ridden with the Night-mare) which ri&s;ing from the &s;tomach, makes men think they are invaded, oppre&s;&s;ed
<PB N="72" REF="100"> and &s;uffocated with great weight: Which thing, they who &s;eem to them|&s;elves to be oppre&s;&s;ed with all the weight of the City, are prone to &s;edition; and men declining in their fortunes, will not &s;pare (though the fault be in them&s;elves) to impute their declining condition to the payment of the publick Taxes; nor will avaritious rich men fail to pretend poverty, and &s;eek by innovation and &s;edition to prevent them.</P>
<P N="23">23. <HI>Honos e&s;t in honorante;</HI> Honor is nothing el&s;e, but the opinion of <NOTE PLACE="marg">Pa&s;&s;ionate de|&s;ire to puni&s;h Subjects, e&s;pe|cially where many are peccant, moves to &s;e|dition.</NOTE> anothers power, joined with goodne&s;s: Maje&s;ty does never appear &s;o ami|able, as when arrayed in Clemencie; whereas he who rigorou&s;ly executes his power, will be hated, and &s;ervilely feared by them who otherwi&s;e would honor and willingly obey him. It were the mo&s;t ea&s;ie and natural thing in the world to govern well, if the violent and rigid execution of Laws again&s;t all offenders, would cure the maladies of State; nay, Subjects ought to be pre|&s;erved (though peccant) where the pardoning may appear an act of grace, not remi&s;ne&s;s, and the example not encourage others to the like offence. Puni&s;hment ought always to look forward, never backward; that is, Princes in puni&s;hing ought by the example to deter others from the like offence; not to take plea&s;ure in puni&s;hing any who hath offended him. <HI>I will avenge the blood of Jezreel upon the hou&s;e of Jehu, and will cau&s;e to cea&s;e the hou&s;e of I&s;rael, &s;aith the Lord,</HI> Ho&s;. 1. 4. How &s;hould God avenge the blood of <HI>Jezreel</HI> upon the hou&s;e of <HI>Jehu,</HI> whenas <HI>Jehu</HI> did nothing but what the Lord commanded him? The rea&s;on is given, that <HI>Jehu</HI> took plea&s;ure in executing &s;o dreadful a judgment upon his Ma&s;ters hou&s;e. Weak and indi&s;po&s;ed bodies are killed, never cured by violent phy&s;ick; nor will Patients ever &s;eek to Phy&s;itians, who they fear will rather kill than cure them. Princes who by violent and cruel ways do govern, &s;uppre&s;s, yet nouri&s;h a fire, which breaking out will hardly be quenched: Yet it is &s;ome|time the fate (I dare not think through the fault) of mo&s;t &s;erene and clement Princes, to &s;uffer death and martyrdom from the &s;en&s;le&s;s rage and fury of their &s;editious Subjects. If then the in&s;ite piety of the mo&s;t devout, religi|ous, and be&s;t of Princes, adorned with all the excelling virtues of Patience, Temperance, Cha&s;tity, Ju&s;tice, Mercy, love and tender care of his Sub|jects, Magnanimity in Adver&s;ity, Moderation in Pro&s;perity, could not &s;ecure Innocent Maje&s;ty from the violence of unnatural Subjects; &s;ure, Peace and happine&s;s may by other men be endeavored and prayed for in the next World, but it can &s;carcely be hoped for in this.</P>
<P>If there were neither Heaven nor Hell, no hope of bli&s;s, or fear of <NOTE PLACE="marg">Annot.</NOTE> puni&s;hment hereafter; yet &s;ure, &s;o much Morality &s;hould be harbored in humane brea&s;ts, as not cau&s;ele&s;ly to offer violence or injury to them of their own kind: How much more unnatural, ingrateful, and inhumane then is it for Subjects, again&s;t all Oaths of faith and allegiance, not only not to make any re&s;titution of tho&s;e things which they hold of their Prince, before they attempt any thing again&s;t him, but al&s;o to imploy them all to the de&s;truction of that Per&s;on and Power, by who&s;e grace and favor they enjoyed them. And if that Monarchy be Tyranny, as Libertines affirm, and that all power is from the People; then ought they not in rea&s;on to condemn it in the cau&s;e, and allow it in the effect, and rob the People of &s;o great a part of their original right, by retaining their E&s;tates which were all mediately or immediately holden of the Crown. If Regal power be unju&s;t and u&s;urped in the cau&s;e, then cannot any act of it be ju&s;t or legal; and &s;o by con&s;equence
<PB N="73" REF="100"> all the&s;e famous A&s;&s;ertors of Liberty do unju&s;tly and illegally hold their E&s;tates, which are nothing but Conce&s;&s;ions originally from the Crown, and do unju&s;tly u&s;urp them from the People, from whom originally all power is derived. And where the&s;e men complain &s;o much of unju&s;t, illegal, and arbitrary power of a Prince; let any man &s;hew where ever, after they had u&s;urped Regal power, they made Ju&s;tice, Law, Equity or Rea&s;on, but only their Rage and Will, the rule of their Actions and Laws.</P>
<P N="24">24. It is a vain thing to expect that Subjects will long be governed in <NOTE PLACE="marg">By what de|gre<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">s, and from what cau&s;es, th<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters"> Nation be|came mi&s;e|rable.</NOTE> peace, where either they are not governed by force of Arms, as the <HI>Turks, Engli&s;h, Scots, Iri&s;h,</HI> and <HI>Low-Dutch</HI> are; or where the Subjects have not that e&s;timation of their Prince, that by his power they are protected in their lives and e&s;tates, and from him do claim what&s;oever may be called theirs; and do not unite them&s;elves in a Religious Unity (which is the chiefe&s;t bond of Peace) or Publique Form and Communion of &s;erving God: For, both in Church and State, there mu&s;t be &s;ome one thing to which all Subjects mu&s;t indifferently &s;ubmit them&s;elves, or it is impo&s;&s;ible there &s;hould be any deci&s;ion of their differences in either. Where men therefore will not indifferently &s;ubmit them&s;elves to the ju&s;t and legal e&s;tabli&s;hed Government in Church and State, there nece&s;&s;arily mu&s;t men (whatever they pretend or hope for) be forcibly governed by Arms, or they will infinitely de&s;troy one another. It is true indeed, that <HI>Henry</HI> the Eighth, (who being of all mortal men the mo&s;t unfit for a Churchman, a&s;cribed to him&s;elf the Head&s;hip of the Church, and) having converted to his own u&s;e &s;o great a part of the Church-lands, the veneration which men retained of the Church, became vile and contemptible, and the Crown lo&s;t the chief &s;upport thereby. The Crown thus left almo&s;t without &s;upport, it de&s;cended to a Child; in who&s;e Ari&s;tocratical reign, not only the Chan|tries and divers other Religious Hou&s;es were given by the Parliament and Bi&s;hops to the King, but almo&s;t all things Sacred became a prey to the ravenous Courtiers. Queen <HI>Mary</HI> endeavored to have had re&s;tored all to the Church again; but the lands being incorporated into particular mens e&s;tates, it was not in her power. After her, Queen <HI>Elizabeth</HI> by Act of Parliament &s;o &s;topt the precipice of things, that what was left in the Church, might not be aliened or made wor&s;e by the Po&s;&s;e&s;&s;or; yet &s;o, that &s;he left a gap open for her&s;elf and her Favorites to prey upon it: which was after &s;hut by King <HI>James,</HI> and with great care &s;ecured by King <HI>Charls.</HI> All this while grew up a Faction in Church and State, which be|came the ruine of both: For not only in the Church, the Publique Li|turgy, Communion, or Religion, was vilified and defamed; but the Governors reviled with all opprobrious names of <HI>Tyrannical, Antichri|&s;tian, &amp;c.</HI> It is true, the Maje&s;ty of the King was not &s;o openly reviled, yet was it in&s;en&s;ibly daily undermined by them; in which they were much a&s;&s;i&s;ted by a company of half-headed Lawyers, who in all A&s;&s;emblies di&s;tilled this doctrine into ignorant men, <HI>That the Law was above the King; and that they had Property again&s;t him in their e&s;tates and goods.</HI> Whereby not only Citizens and Great places became generally inclined to this new doctrine of the Teachers and Lawyers; but the Country-Gentleman thought him&s;elf independent from the King both in his life and e&s;tate; the Yeoman cared not for the Gentleman, and as little regarded the King; &s;o that the veneration of the Royal Name became every day more con|temptible
<PB N="74" REF="101"> and de&s;pi&s;ed; all honor and reverence due to the King &amp; Church, was converted unto the&s;e Patriots of their Countries Liberty, and New Lights: Nor could the Church relieve the Crown, (although the Go|vernors were well-affected towards it) being by all the Faction more hated, than the King became de&s;pi&s;ed; until in the end the chief Go|vernors both of Church and State not only became Victims to the rage and lu&s;t of &s;editious men, but the Revenues of both a prey to their ava|rice. And now what is left for this mi&s;erable Nation to expect (having forfeited all Piety and Allegiance to Gods Church and his Anointed) but after all this con&s;umption of the Blood, and Publique and Private Revenue of the Nation, and having lo&s;t all Reputation and Commerce abroad, for the future to be <HI>Turk-</HI>like governed by armed and hungry Soldiers, without any probable hope of Redemption.</P>
<P><LABEL>Object.</LABEL> It may be it will be here objected, That though poor and con|temptible Princes be rarely long obeyed, e&s;pecially where their Subjects are opulent; yet had the Church never &s;o great veneration, both for power and piety, as when in the Primitive times it was poor; whereas afterward, when it became rich and mighty, it did degenerate into many vices and here&s;ies, and lo&s;t much of e&s;timation and piety which it had in its poverty.</P>
<P><LABEL>An&s;w.</LABEL> I grant, that God did by his grace and power originally by a com|pany of poor men and Fi&s;hermen, again&s;t all the greatne&s;s of worldly power, miraculou&s;ly plant a Church; and that tho&s;e poor men &s;ent by God, were &s;upernaturally in&s;pired by his grace, (which, not their poverty, was the cau&s;e of their piety and &s;anctity, and that they were &s;o highly honored by primitive Chri&s;tians:) yet &s;ure, when God hath &s;upernatu|rally planted his Church, it cannot be in rea&s;on expected he &s;hould pre|&s;erve it always by miracle: And &s;ure tho&s;e are very ungrateful men, not to contribute ordinary means, for the pre&s;ervation of what God hath ex|traordinarily planted: Nor is there any thing more vain, then to imagine that men are better, for being poor; or that according to the ordinary cour&s;e of things, they will not be by men in general e&s;teemed vile and con|temptible, who are &s;o.</P>
<Q><L>Nil habet infaelix paupertas durius in &s;e, <NOTE PLACE="marg">Juveual.</NOTE></L>
<L>Qu&acirc;m quod ridiculos homines facit.</L></Q>
</DIV3>
<DIV3 N="6" TYPE="chapter">
<PB N="75" REF="101">
<HEAD>CHAP. VI. Of the Fathers power.</HEAD>
<P N="1">1. <HI>UNumquodque re&s;olvitur in id, ex quo componitur; Du&s;t &s;hall return to the</HI> <NOTE PLACE="marg">Introduction.</NOTE> <HI>earth as it was, and the Spirit to God who gave it, Eccle.</HI> 12. 7. It is not the good will and plea&s;ure of the All-prepotent God, that only the individuals of one age, &s;hould &s;ee the greatne&s;s of his Maje&s;ty and power; therefore he was plea&s;ed to create man as well as other Creatures in this in|ferior or be, in a <NOTE N="*" PLACE="marg">If <HI>Adam</HI> had not been cre|ated in a Mor|tal State, the Sacrament of the Tree of life had been a vain in&s;titu|tion.</NOTE> mortal &s;tate; yet he endewed him <HI>generativa facultate,</HI> that though he does dye in his per&s;on, yet he &s;hould live in his po&s;terity, and <HI>as one generation pa&s;&s;eth away, &s;o another commeth, but the earth abideth for ever. Eccle.</HI> 1. 4.</P>
<P N="2">2. There is nothing more evident, then that in perfect Creatures (of <NOTE PLACE="marg">The power of Parents alike over their Children.</NOTE> which man is the mo&s;t perfect) that God is the prime and efficient cau&s;e, or God working by naturall cau&s;es, the Sun is the efficient cau&s;e, and Male and Female the In&s;trumental, <HI>Sol per hominem generat hominem.</HI> See <HI>Harvey de generatione Animalium Cap.</HI> 33. Man and Woman there|fore being the means whereby God does renew the &s;pecies of Man|kind, and all Creatures having power over them&s;elves in all things, where|in they are not re&s;trained by &s;ome natural or humane Law, and every Child being alike part of either of his Parents, the Power of Father and Mother is alike over their Children, and &s;o by con&s;equence the &s;ubjection and obedience of every Child is alike due to Father and Mother: And <HI>to honor thy Father and thy Mother,</HI> is the Fir&s;t precept of the &s;econd Table of the Decalogue.</P>
<P N="3">3. Man and Wife being but one per&s;on, and the Husband being the <NOTE PLACE="marg">Why in Matri|mony the power is in the Father.</NOTE> head of the Wife, and the Wife being in the power of the Husband, the Husband hath the power and command as well of the Children as of the Mother; yet the piety and ob&s;ervance of Children to their Mother, is as much due as to their Father.</P>
<P N="4">4. <HI>Grotius, cap.</HI> 5. <HI>art.</HI> 2. <HI>de jure belli &amp; pacis,</HI> out of <HI>Ari&s;t. pol.</HI> 1. <HI>cap ult.</HI> <NOTE PLACE="marg"><HI>Grotius</HI> his o|pinion of the Fathers power,</NOTE> <HI>&amp; eth.</HI> 5. <HI>cap.</HI> 10. di&s;tingui&s;heth the Fathers power over Children into three times, <HI>viz.</HI> 1. The time of their imperfect judgment; 2. The time of their perfect judgment; 3. The time when they are out of the Fathers family. In the fir&s;t, all the actions of the Children are under the command of the Parents: In the &s;econd time, whenas judgment is matured by age, and are of the family, they are &s;ubject as part of the family: In the third, when he is matured by age, and out of the family, the Son is in all things <GAP DESC="foreign"> of his own right. Yet he &s;ays (and truly) <HI>parag.</HI> 5. The Fathers power &s;o follows the Fathers per&s;on, that it can never be pulled off nor transferred to any other; for, the Fathers power ari&s;ing from generation, is due to him by the Law of Nature, and &s;o always the &s;ame, if not aliened by the act of God. And therefore <NOTE N="*" PLACE="marg">Confuted.</NOTE> <HI>Quando &amp; Ubi</HI> make no alteration in the Fathers power; for it is the &s;ame when the Son is an Infant, and when adult; when he is part of the family, and when not.</P>
<P N="5"><PB N="76" REF="102"> 5. Where the Law of Nature gives a power which is not re&s;trained <NOTE PLACE="marg">The Father hath power of life and death over his children.</NOTE> by the Law of Nature, the power is ab&s;olute: But it is evident, that the Law of Nature gives Fathers a power over their Children without re&s;tri|ction; Therefore the Fathers power is ab&s;olute, and by con&s;equence he hath power of life and death over his Children. See <HI>Bodin. cap.</HI> 4. <HI>pag.</HI> 21. <HI>de rep.</HI> where he &s;ays, That the <HI>Per&s;ians,</HI> the people of Higher <HI>A&s;ia,</HI> the <HI>Hebrews, Romans, Celtae, Gaules,</HI> the <HI>We&s;t Indians</HI> before the <HI>Spaniard</HI> &s;ub|dued them, did u&s;e this ab&s;olute power. And &s;ee <HI>pag.</HI> 23, 24. how he makes all the &s;trife, di&s;orders and contentions among Brethren, their Father living, the wantonne&s;s, luxury and riot of youth without fear of puni&s;hment, the contempt and &s;corn of the Fathers per&s;on and power, and the decay of the glory and ennobled virtue of the <HI>Romans,</HI> to proceed from the taking away of the Fathers power. Examples of the Fathers power of life and death are hard to find, becau&s;e it cannot ea&s;ily be imagined a Father &s;hould give judgment upon him&s;elf, (his &s;on being part of him&s;elf) to cut off any part of him&s;elf, which he hopes might by any means be cured: Yet <HI>Quintus Fulvius</HI> did adjudge his &s;on to death, for being of <HI>Catelines</HI> Con&s;pracie: <NOTE PLACE="marg">Salu&s;t. de conj. Cat.</NOTE> And &s;ee <HI>Deut.</HI> 21. 18, 19, 20, 21. where it is mo&s;t evident, that the Father hath power of life and death; for the People do but execute the judgment of the Father and Mother, <HI>That &s;uch a &s;on is &s;tubborn and rebellious, &amp;c.</HI> The exerci&s;e of this power is re&s;trained generally among Chri&s;tians by po&s;itive humane Laws; but from what ground, I cannot tell.</P>
<P N="6">6. The Fathers power ari&s;ing from generation, and the per&s;on of the <NOTE PLACE="marg">The Son hath propriety a|gain&s;t his Fa|ther.</NOTE> Son being only generated, the Fathers power can extend no further; and therefore what&s;oever the Son does acquire, it is his own, excluding his Father.</P>
<P N="7">7. Though the Son out of wedlock is alike &s;ubject to both parents, <NOTE PLACE="marg">Why out of wedlock the Fathers com|mands are to be preferred before the Mothers.</NOTE> becau&s;e he is alike part of both; yet if the Father and Mother command contrary things, whereby it becomes impo&s;&s;ible for the Son to obey both, there the command of the Father is to be preferred, becau&s;e of the excel|lencie of his &s;ex.</P>
</DIV3>
<DIV3 N="7" TYPE="chapter">
<HEAD>CHAP. VII. The Husbands Power.</HEAD>
<P N="1">1. THe Husbands power doth not ari&s;e <HI>ex concubitu;</HI> for then a man hath power over all the women which he hath, or &s;hall have known, which is ab&s;urd; be&s;ides, one woman known by &s;everal men, &s;hould be alike &s;ubject to them all, which is impo&s;&s;ible.</P>
<P N="2">2. The Husbands power does not ari&s;e from his Wifes being a part of his family; for any part of the family, may become no part of the family; but the Wife can never be out of the power of her Husband, therefore the Husbands power does not ari&s;e from the Wifes being a part of his family.</P>
<P N="3">3. The Husbands power does not ari&s;e from the Wifes &s;ubmi&s;&s;ion or &s;ubjecting her&s;elf to her Husband, for that is but an act of her will, <HI>&amp; unum|quodque</HI>
<PB N="77" REF="102"> <HI>di&s;&s;olvi pote&s;t eo ligamine quo ligatum e&s;t;</HI> and therefore by an act of her will, &s;he may when &s;he li&s;t &s;et her&s;elf free.</P>
<P N="4">4. It does not ari&s;e from the Husbands accepting of the Wifes will; for that makes the Husband obedient to his Wife; obedience being no other thing, but the accepting the will of another, which is unnatural.</P>
<P N="5">5. The Husbands power does ari&s;e from the law of God or Nature, by <NOTE PLACE="marg">From whence the Hu&s;bands power doth ari&s;e.</NOTE> the conjunction of Man and Wife in wedlock: For the&s;e two individual per&s;ons, by the law of God, are made one my&s;tical per&s;on, of which the Husband is head; and the head is the directive and ruling part of the body, therefore the Husband is the director and ruler of his Wife.</P>
<P><LABEL>Object.</LABEL> But if the Law of Nature, by Marriage, gives the Husband a power or right of command over the Wife; why may it not be, that God by the Civil pact might give a Prince or Court a right of command over tho&s;e Men who made it?</P>
<P><LABEL>An&s;w.</LABEL> I an&s;wer, That fir&s;t a Similitude proves nothing. Secondly, The ca&s;es are nothing alike: For, Marriage was an in&s;titution of God in Paradi&s;e; and the power of the Husband over the Wife, being due by the Law of Nature, hath been ever &s;ince attributed by Mankind to the Husband; yet &s;o, that after the death of the Husband, the Wife becomes free from &s;uch &s;ubjection, until by Marriage &s;he again &s;ubjects her&s;elf. In none of the&s;e re&s;pects does this hold in the Civil pact; for no &s;uch thing was ever in|&s;tituted by God, nor any &s;uch thing ever con&s;tituted or done by Man, but only a <HI>Chimera</HI> invented by capricious men, to palliate &s;edition. Nor did ever any man become free from &s;ubjection to Supreme powers, by the death of him or them to whom they made their &s;ubjection by virtue of the Civil pact: Nor was it ever known in the world, that Men were free before they made their Civil pact, as Women are before they marry.</P>
<P N="6">6. God gives a power to the Husband without re&s;triction, <HI>viz. Thy</HI> <NOTE PLACE="marg">The Hu&s;band hath <HI>jus vitae &amp; necis</HI> over his Wife.</NOTE> <HI>de&s;ire &s;hall be to thy husband, and he &s;hall rule over thee, Gen.</HI> 3. 16. And therefore the Husbands power over the wife is without re&s;triction, and by con&s;equence the Husband hath power over the life of his Wife. Antiently among the <HI>Gaules,</HI> this power was not re&s;trained. The <HI>Romilian</HI> Law re&s;trained the Hu&s;|bands <NOTE PLACE="marg"><HI>Cae&s;ar lib.</HI> 3. <HI>de bel. Gal.</HI></NOTE> power to put his Wife to death, for four cau&s;es only. This power was u&s;ed by the <HI>We&s;t-Indians,</HI> before they were &s;ubdued by the <HI>Spaniard;</HI> and is generally among the Idolaters and <HI>Mahumetans.</HI> But the exerci&s;e of the Fathers and Husbands power of life and death over their Children and Wives, is re&s;trained not by any law of God (that I know of) but by the Temporal laws; and yet no wrong done to the Fathers or Husbands neither: For, though their Children and Wives be in their power by the law of Nature, yet by the law of Nature are they in the power of their Soveraign, and &s;ubject unto him: And though the Fathers and Husbands power be from the law of Nature, yet the exerci&s;e of it is humane, politick, and vo|luntary; and the exerci&s;e of all Subjects voluntary actions, may be re&s;train|ed and determined by him, who hath the &s;upreme power; therefore the Fathers and Husbands exerci&s;ing their power over their Children and Wives, may be re&s;trained by him who commands by the highe&s;t right, which is the King. But &s;uppo&s;ing the Husbands and Fathers power to be from the law of Nature, and Regal power but a politick and invented thing, and made only by the will of Man; it were then a violence upon the law of Nature, that any thing which hath no origination but from the inventi|ons
<PB N="78" REF="103"> and wills of Men, &s;hould re&s;train the exerci&s;e of that power which God hath given Fathers and Husbands by the law of Nature.</P>
<P N="7">7. The Husband being the head of the Wife, &s;he is in all re&s;pects of law <NOTE PLACE="marg">The Wife has nothing pro|per again&s;t her Husband.</NOTE> deemed <HI>civiliter mortua,</HI> nor can take or purcha&s;e any thing during the cover|ture; but what&s;oever is given to the Wife, is <HI>ex facto</HI> the Husbands. Yet Marriage being a Sacrament by the in&s;titution of our Saviour, and <HI>Ephe&s;.</HI> 5. 25, 32. a My&s;tery of Chri&s;t and his Church, and &s;o the cogni&s;ance thereof due to the Eccle&s;ia&s;tical power; the Church, upon the penalty of Eccle&s;i|a&s;tical cen&s;ure, may compell the Husband to allow his Wife Alimony, if without &s;ufficient cau&s;e he &s;hall refu&s;e to cohabit with her.</P>
<P N="8">8. If Poligamy had not been lawful before our Saviour Chri&s;ts time, <NOTE PLACE="marg">Poligamy was lawful before our Saviour,</NOTE> then had our Saviour been illegitimate, being de&s;cended of <HI>Bath&s;heba,</HI> when <HI>David</HI> had many other wives. Nor can the argument drawn from the ne|ce&s;&s;ity of propagating Mankind, take place when <HI>David</HI> reigned; for there never was in &s;o &s;mall a Continent &s;o great a number of people, as the <HI>I&s;ra|elites</HI> were when <HI>David</HI> reigned, as appears by the Number which <HI>Joab</HI> took, and for which <HI>David</HI> was puni&s;hed with &s;o great a pe&s;tilence.</P>
<P>If it were, before the divine law of our Saviour, lawful every where for <NOTE PLACE="marg">Annot.</NOTE> Men to have many Wives; I do wonder why Mr. <HI>Hobbs, cap.</HI> 17. <HI>art.</HI> 8. <HI>de Cive,</HI> &s;ays, That our Saviour made no laws but the in&s;titution of the Sacra|ments, which are <HI>Bapti&s;m</HI> and the <HI>Euchari&s;t:</HI> And if Matrimony be a Civil in&s;titution, as he affirms, then Poligamy is lawful for all Chri&s;tians who are in &s;ubjection to the <HI>Turks, &amp;c.</HI> where by the Temporal laws it is permitted; and the Kingdom of <HI>Congo</HI> rejected Chri&s;tianity for no other rea&s;on, but becau&s;e they were not allowed plurality of wives, which Mr. <HI>Hobbs</HI> could ea&s;ily have di&s;penced with. I do challenge Mr. <HI>Hobbs</HI> to &s;hew any one in&s;tance, where ever in the Chri&s;tian world (before all things ran riot here in <HI>England</HI> &s;ince 1642.) the Temporal power took cogni&s;ance of Marriage.</P>
<P N="9">9. Matrimony is the act of two free per&s;ons <HI>(viz.</HI> neither precon|tracted <NOTE PLACE="marg">What Matri|mony is.</NOTE> nor married, nor within the degrees prohibited by God, <HI>Levit.</HI> 18.) of different &s;exes, capable of performing the end of marriage, mutually taking one another for Husband and Wife: <HI>I</HI> N. <HI>take thee</HI> D. <HI>to be my wedded Wife; I</HI> D. <HI>take thee</HI> N. <HI>to be my wedded Husband.</HI> But this mu&s;t be done publiquely, and Banns of both parts publiquely pronounced three Holidays, or a Licence procured from the Ordinary for di&s;pen&s;ation, with all the rites and &s;olemnities injoined by the Church, or el&s;e the Church takes no cogni|&s;ance of it.</P>
<P N="10">10. Where the Matrimony is &s;ub&s;equent to the allegation, there the <NOTE PLACE="marg">Whether Ma|trimony be di&s;&s;olvible.</NOTE> <HI>Vinculum</HI> is di&s;&s;oluble: As if one man marries another mans Wife, or a Hu&s;|band, his Wife living, marries another; or if the parties contracting or marrying, be within the degrees forbidden by God; or if either party were <NOTE PLACE="marg">Lev 18.</NOTE> precontracted, or frigid; the&s;e nece&s;&s;arily preceding the Matrimony, do di&s;&s;olve the bond: But where the matter or allegation is &s;ub&s;equent to the Matrimony, there the bond of Matrimony cannot be di&s;&s;olved, but only a Divorce upon ju&s;t cau&s;e is grantable to &s;eparate the Complainant <HI>&agrave; men&s;a &amp; &agrave; thoro.</HI> The rea&s;on why in this latter ca&s;e the Matrimony cannot be di&s;&s;olved; is, becau&s;e Marriage being an in&s;titution of God, it is in the cau&s;e &s;uperior to any Humane law or act, and &s;o by con&s;equence cannot by them be di&s;&s;olved. And indeed, in proper &s;peaking, where the Matrimony
<PB N="79" REF="103"> is &s;ub&s;equent, it is rather not done, then di&s;&s;olvible, the per&s;ons marrying being <HI>per&s;onae incapaces</HI> for &s;uch an action.</P>
<P N="11">11. The Holy Gho&s;t, <HI>Ephe&s;.</HI> 5. 25, <HI>&amp;c.</HI> &s;hews the duty of Husbands: <NOTE PLACE="marg">The duty of Fathers and Hu&s;bands,</NOTE> And <HI>Cato</HI> (though no lover of women) did think it &s;acrilege in the Husband to &s;trike his wife, <HI>Plut. vita Caton. cen&s;.</HI> No que&s;tion, the right and careful education of Children, is the onely means by which Parents may hope to have any comfort of them here or hereafter; for, <HI>Train a child in the way when he is young, and he will not depart from it when he is old,</HI> &s;ays the Preacher. Nor can Parents expect to have their Children virtuous, if they be vitious them&s;elves; for, with what face can any Father condemn his Child for any thing which he allows in him&s;elf? Be&s;ides, there is nothing ill, which natu|rally Youth doth not more &s;uddenly apprehend then Men; therefore,</P>
<Q><L>Maxima debetur puero reverentia, &s;i quid <NOTE PLACE="marg">Juveval.</NOTE></L>
<L>Turpe paras.&mdash;</L></Q>
<P>And ill habits are &s;oon gotten by Children (if they be not carefully ob|&s;erved and re&s;trained) and hardly, if po&s;&s;ibly left when they are Men.</P>
</DIV3>
<DIV3 N="8" TYPE="chapter">
<HEAD>CHAP. VIII. Of Dome&s;tical power.</HEAD>
<P N="1">1. THere are three &s;orts of Families; either by Affinity or Alliance, <NOTE PLACE="marg">How many &s;orts of Fami|lies there be.</NOTE> or by Con&s;anguinity, or a Legal or Hou&s;hold-Family. Of &s;uch a Family, and of its Cau&s;e and Juri&s;diction, we &s;hall in this en&s;uing Chapter treat.</P>
<P N="2">2. A Family is not the cohabitation of divers per&s;ons in one hou&s;e; <NOTE PLACE="marg">A legal family is not the co|habitation of divers per&s;ons in the &s;ame hou&s;e.</NOTE> for then Inmates and Travellers, &amp;c. were &s;ubject to the power of the Ma&s;ter and Ho&s;t. Be&s;ides, &s;ubjection cannot be, where it depends upon the will of the Subject; when he will, he may choo&s;e whether he will obey: But it is evident that Inmates and Travellers may, when they will, cea&s;e their &s;ubjection by leaving of the hou&s;e.</P>
<P N="3">3. A Family is contained in the mutual offices of commanding and <NOTE PLACE="marg">What a legal family is.</NOTE> obeying, of &s;everal per&s;ons under one head, in the &s;ame hou&s;e: And the &s;ame head may be of divers Families; as when a Ma&s;ter keeps &s;ervants in two or more different hou&s;es.</P>
<P N="4">4. A Family may con&s;i&s;t of <HI>Paterfamilias,</HI> who is Father and Husband, <NOTE PLACE="marg">Of what per|&s;ons a family (in the large&s;t &s;en&s;e) is com|pounded.</NOTE> and the head or commanding part of the family of Wife, Children and Servants, who are the obeying part of the family; or of the Mi&s;tre&s;s of the family who commands, and of Children and Servants who obey.</P>
<P N="5">5. But becau&s;e a Family may con&s;i&s;t, where as parts of the Family <NOTE PLACE="marg">In the more proper &s;en&s;e.</NOTE> there is neither Father nor Mother, Husband nor Wife, nor Children; A Family is properly, where &s;everal Servants obey the &s;ame Ma&s;ter or Mi&s;tre&s;s in the &s;ame hou&s;e.</P>
<P N="6">6. Servants are twofold, either voluntarily &s;erving with their con&s;ent <NOTE PLACE="marg">Of Servants.</NOTE> fir&s;t given; &s;uch as are tho&s;e &s;ervants who for &s;uch wages &s;erve their Ma&s;ters
<PB N="80" REF="104"> for &s;uch a terme; or where they &s;erve, whether they give con&s;ent or not, as where men are &s;laves, or apprentices. The power which the head of the family has over his Servants, is called <HI>pote&s;tas herilis</HI> or <HI>de&s;potica,</HI> the Ma&s;ters or Mi&s;tre&s;&s;es power. We &s;peak fir&s;t of Ma&s;ters power over Servants &s;erving for wages.</P>
<P N="7">7. It is impo&s;&s;ible that any man can oblige or &s;ubject him&s;elf to any <NOTE PLACE="marg">The Ma&s;ters power does not ari&s;e from the Servants &s;ubjecting him&s;elf.</NOTE> man or creature by any Act of his will, for no Act of any mans will can have any power of him&s;elf; <HI>Omnis potentia activa, e&s;t principium tran&s;mutandi aliud:</HI> every active power is the cau&s;e of alteration in another body; the Act there|fore of a mans will, can make no obligation in his body who does will it. Be|&s;ides, it is again&s;t all rules of relation, that to bind and to be bound can be in the &s;ame thing; therefore it is much more ab&s;urd to &s;uppo&s;e the whole man &s;hould be obliged by a part of him&s;elf, that is, by his will: Add here|unto, that if a man be obliged to his will, then is the mo&s;t wilful man, the mo&s;t ju&s;t man, and every man is obliged to do any thing becau&s;e he hath willed it, then which there is nothing can be more immoral and de&s;tructive to all &s;ociety with mankind.</P>
<P N="8">8. If the Ma&s;ters power did ari&s;e from the Servants &s;ubjecting him&s;elf to him, which is an Act of the Servants will, then an Act of the Servants <NOTE PLACE="marg">Nor from the Ma&s;ters ac|cepting his Servants &s;ub|mi&s;&s;ion. <HI>Annot.</HI></NOTE> will may have a power and obligation upon his Ma&s;ter, which is ab&s;urd, for this makes the Ma&s;ter to obey his Servant.</P>
<P>Yet in u&s;ual &s;peaking, <HI>voluntas</HI> is confounded with <HI>conatus;</HI> as wee &s;ay that God did accept <HI>Abrahams</HI> will for the deed, in that he was willing to have offered up his &s;on <HI>I&s;aac:</HI> whereas in proper &s;peaking, God did will or command <HI>Abraham</HI> to offer up his &s;on; and <HI>Abraham</HI> did obey (that is re|ceive or accept Gods will) and did endeavor, not will (for it had been un|natural and murder in <HI>Abraham</HI> to have willed without cau&s;e the death of <HI>I&s;aac)</HI> to have done it, when God re&s;trained him, and &s;o God was plea&s;ed to accept of <HI>Abrahams</HI> endeavor to have plea&s;ed him: And &s;o when any &s;er|vant does endeavor to do his Ma&s;ters will, though he be not able to perform it, yet ought the Ma&s;ter to accept it, becau&s;e he does what he can (not to do any act of his own will, but) to perform an act of his Ma&s;ters.</P>
<P N="9">9. But &s;uppo&s;e the Declaration of the Servants will, does evade into <NOTE PLACE="marg">The Ma&s;ters power does not ari&s;e from the Servants promi&s;e.</NOTE> his promi&s;e given to his Ma&s;ter, yet cannot the Ma&s;ters power ari&s;e from thence, becau&s;e men are obliged to the performance of their promi&s;es by the Law of nature only, and that Law does oblige only in Con&s;cience, but the Ma&s;ters power obliges to corporal puni&s;hment: I &s;ay therefore, that no Ma&s;ters power ari&s;ing from any Act of the Servants will or promi&s;e, nor from the Ma&s;ters acceptance, no Regal power can ari&s;e from the Princes ac|ceptance of their Subjects &s;ubmi&s;&s;ion; for a great family is a kingdom, and a little kingdom is a family, &s;aies <HI>Tho. Hobbes, cap.</HI> 8. <HI>art.</HI> 1. <HI>de Cive.</HI></P>
<P N="10">10. If the Ma&s;ters Power did ari&s;e from the Law of Nature, then were <NOTE PLACE="marg">The Ma&s;ters power does not ari&s;e from the Law of Nature.</NOTE> the power of a Ma&s;ter over his &s;ervant eternal, and incommunicable; but the contrary of this is evident in all places of the world; for there is no place where the Power of Ma&s;ters is not only di&s;&s;olvible by the Laws, and con&s;ents of the Ma&s;ter and Servant; but where it is not &s;lavery, there the Ma&s;ters power is terminated to years, moneths, weeks, daies, or houres, &amp;c. which expiring, the relations of Ma&s;ter and Servant are di&s;&s;olved, the Ma&s;ters power therefore is not from the Law of Nature.</P>
<P N="11"><PB N="81" REF="104"> 11. If the Ma&s;ters power did ari&s;e from Divine po&s;itive in&s;titution, <NOTE PLACE="marg">Nor by Di|vine po&s;itive in&s;titution.</NOTE> then, where Gods revelation of him&s;elf in the Scriptures is not received and believed, have Ma&s;ters no power over their Servants. But this is evi|dently fal&s;e; for not only before Gods revelation of him&s;elf in the Scri|ptures, had Ma&s;ters every where power or dominion over their Servants, but al&s;o every where in the world Ma&s;ters have power over their Servants, as well where the Scriptures are not received, as where they are: The Ma&s;ters power therefore does not ari&s;e from Divine po&s;itive in&s;titution.</P>
<P N="12">12. <HI>Na&s;citur &s;ervus,</HI> &s;ays <HI>Ari&s;totle</HI> mo&s;t truly: There was no man that <NOTE PLACE="marg">From whence the Ma&s;ters power does ari&s;e.</NOTE> was ever born in the world (unle&s;s a po&s;thumous King) but was born in a threefold &s;ubjection; fir&s;t to the Laws of God, &s;econdly to the Laws of his Parents, and thirdly to the Laws of his Country: And the Laws of every Country obliging men to the performance of their pacts and contracts, the Law of the place is the efficient cau&s;e, by the Contract of the Ma&s;ter and Servant (being the in&s;trumental cau&s;es) of the Ma&s;ters power; and not only gives the Ma&s;ter a power over his Servant, but al&s;o obliges the Ma&s;ter to perform all his promi&s;es &s;pecified in the Contract to his Servant.</P>
<P>It is evident therefore, that where there is no precedent Humane Law <NOTE PLACE="marg">Annot.</NOTE> obliging, there cannot be any Family; for, the Law, by the Ma&s;ters Contract with his Servant, gives him the power over his Servant. All <HI>Grotius</HI> his Government then, founded upon the Contracts of Men, is ut|terly fal&s;e, and by con&s;equence no one true Propo&s;ition can follow from thence. Yet truly, it is an error pardonable in him, who with his fir&s;t milk &s;ucked in this Popular principle: No que&s;tion but he was a man as eminent in Humane learning, as any man of this la&s;t Age, and I doubt not but of a &s;incere and peaceable di&s;po&s;ition. It is the excellency of Truth, that it is plain and ea&s;ie to be perceived; whereas Fal&s;hood, with all art and learning, is rendred more ob&s;cure, by how much more is added to it. And it is &s;trange for a &s;tander by to &s;ee what mon&s;trous ab&s;urdities <HI>Grotius</HI> runs into, to uphold his fabrick: For he makes God, at the Creation and Flood, <NOTE PLACE="marg"><HI>lib.</HI> 2. <HI>cap.</HI> 2. <HI>par.</HI> 2.</NOTE> to give Mankind a natural right, <HI>viz.</HI> all men alike, over all things, and this natural right to be immutable by God him&s;elf; and yet without giving <NOTE PLACE="marg"><HI>lib.</HI> 1. <HI>par.</HI> 10.</NOTE> any rea&s;on for it, he makes it mutable by the will of man; and Dominion, which he there &s;ays was brought in by the will of man, he &s;ays is <HI>Jus naturale</HI> too: So <HI>Jus naturale</HI> does &s;ignifie that which God gave to mankind; and <HI>Jus naturale</HI> does &s;ignifie that which mans will brought in contrary to what God gave to mankind, then which what can be more ab&s;urd?</P>
<P>But Mr. <HI>Hobbs, cap.</HI> 2. <HI>art.</HI> 9. makes a Contract the act of two or more <NOTE PLACE="marg"><HI>Annot.</HI> 2.</NOTE> mutually transferring their rights; and a Pact to be, when one or both is tru&s;ted, and he who is tru&s;ted, does promi&s;e that he will perform; and &s;up|po&s;eth the <HI>Civitas</HI> in&s;titutive, to take its fir&s;t being from the Pacts of men: Which will not help him; for &s;uch Pacts, as well as Contracts, receive their obligation from precedent humane laws: And therefore all his book <HI>de Cive,</HI> which is derived from this begging the que&s;tion, is fal&s;e. Indeed, Mr. <HI>Hobbs</HI> is, no que&s;tion, a man of mo&s;t exqui&s;ite parts and learning, and po&s;&s;ibly might have a peaceable intention in making the <HI>Civitas</HI> the Judge of all matters of faith as well as manners: But &s;ure, many things in his generation of it can never con&s;i&s;t; as his making <HI>Jus</HI> and <HI>Lex</HI> contrary one to an|other; his making the Legi&s;lator to depend upon the Citizen, for with|out his con&s;ent and proper pact either expre&s;s or under&s;tood, the Legi&s;|lative
<PB N="82" REF="105"> right can be conferred upon none: And yet he &s;ays, <HI>Wherefore doe&s;t</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 12. <HI>art.</HI> 3.</NOTE> <HI>thou call him Tyrant, whom God hath made King?</HI> His making the <HI>Civitas</HI> to receive all power from the pacts and wills of men, and making the <HI>Civitas</HI> Head of the Church, and Judge of Faith, makes the power of the Church and all Faith to be a thing invented, and to receive their beginnings from the wills and pacts of men; then which, what can be more de&s;tructive to Faith and Religion? But for our Author <HI>Tho. White</HI> Gent. he is not worthy the name of a learned, rational, nor hone&s;t man.</P>
<P N="13">13. Slaves are born, or made &s;o. Slaves born, are the children of &s;uch <NOTE PLACE="marg">Slaves.</NOTE> as were &s;o. Slaves made &s;o, happen two ways: For being condemned for &s;ome crime committed again&s;t &s;ome humane Law, and therefore by the <NOTE PLACE="marg">Condemned per&s;ons.</NOTE> Law condemned to it. Where the Law condemns, it is the will of the Supreme power which condemns, and therefore not the will of the Slave that makes it &s;o: I deny therefore that where the Law does not make Slavery, any man can make him&s;elf a &s;lave to another; nor can any man u&s;e another as a Slave, where he is not made &s;o by Law.</P>
<P>Or el&s;e, Slaves are Pri&s;oners taken in War. There is no man will af|firm, <NOTE PLACE="marg">Pri&s;oners by War.</NOTE> the taking of another man pri&s;oner, gives the taker a power over the others life; for then all men falling into the hands of Thieves and Pirates, the Thieves and Pirates have a power over their lives, and &s;o commit no murder in putting them to death: But Slaves from being made Pri&s;oners, is, when there is competition between two Supreme powers, and they give their Subjects power over all their Enemies which they &s;hall take Pri&s;oners. It is not therefore the taking of another Pri&s;oner, which gives a man power over anothers life, but a precedent humane Law which gives this power over tho&s;e Enemies, which any Subject &s;hall take Pri&s;oner, (and &s;ure no man was ever taken Pri&s;oner by an act of his will.) It is fal&s;e therefore that <HI>Bodin</HI> &s;ays, <HI>That a man may make him&s;elf a Slave of his own accord,</HI> <NOTE PLACE="marg"><HI>lib.</HI> 1. <HI>c.</HI> 5. <HI>p.</HI> 31. <HI>de repub.</HI></NOTE> (a man may as well offer violence or kill him&s;elf) and that a man bought for a price of Thieves and Pirates, is a Slave to the Buyer; for he is not made &s;o by any humane law: Nor can any act of force, ever give another any power; nor can any continuance of time make any thing good which originally was not &s;o; and therefore if all commands were originally from force, as he affirms, then are no commands now any better, and &s;o no dif|ference <NOTE PLACE="marg"><HI>Pag.</HI> 46. <HI>de rep.</HI></NOTE> between the commands of Thieves and Pirates, and of Fathers and Kings. Although a man lawfully taken pri&s;oner by another, be in his power, <NOTE PLACE="marg">Slavery mo|derated.</NOTE> &s;o as it is in the Takers power to have taken away his life, and &s;o an act of grace in granting it; yet the Law which originally gave this power may moderate it, as here in <HI>England</HI> the Law hath re&s;trained the Lord from killing or maiming his Vilain. Slaves have nothing proper again&s;t their Ma&s;ter.</P>
<P N="14">14. Apprentices are, when the Father or Mother do oblige a Child <NOTE PLACE="marg">Apprentices.</NOTE> for &s;uch a term to &s;erve &s;uch a Ma&s;ter; and this act is binding, becau&s;e by the Law of Nature the Father hath an ab&s;olute power over his Children: But becau&s;e of the impotencie of Children, who cannot by rea&s;on of their youth, and want of art and experience, do any thing which may at fir&s;t compen&s;ate their diet and clothes; if the poverty or negligence of parents be &s;uch, that they cannot or will not procure a Ma&s;ter for their Children; and where Children are Orphans, they may be bound and com|pelled to &s;erve Apprenti&s;hips in &s;uch manner as is pre&s;cribed by the publique humane Laws of the place.</P>
<P N="15"><PB N="83" REF="105"> 15. Neither <HI>naturalis,</HI> nor <HI>delegata pote&s;tas</HI> can be communicated nor <NOTE PLACE="marg">What power is alienable.</NOTE> aliened: But <HI>acqui&s;ita pote&s;tas</HI> (as the power of Ma&s;ters over their &s;ervants and &s;laves) may be &s;old, aliened, or otherwi&s;e given away: And therefore Guardian in Chivalry may give or &s;ell to another the Guardian&s;hip of his Ward; but Guardian in Socage cannot, for his is <HI>delegata pote&s;tas.</HI></P>
<P N="16">16. The Ma&s;ter of every family deriving his power from the humane <NOTE PLACE="marg">The Ma&s;ters power re|&s;trained to humane laws. <HI>Caveat.</HI></NOTE> laws of every place, his power is re&s;trained to the laws of that place; there|fore ought he not to command his &s;ervant any thing which is again&s;t the laws of the place. When I &s;ay, by humane laws &s;uch a thing is to be done, or not done; I always except tho&s;e laws which God did give to the I&s;rae|lites, and peculiar only to them, when he plea&s;ed immediately to reign over them; which laws did &s;upply tho&s;e humane laws, by which his Vicegerents do procure peace among us.</P>
</DIV3>
<DIV3 N="9" TYPE="chapter">
<HEAD>CHAP. IX. Of Eccle&s;iastical power.</HEAD>
<P>THat there is a <HI>GOD,</HI> who is the Author of all good pa&s;t, pre&s;ent, <NOTE PLACE="marg">By the light of nature, God is to be wor|&s;hiped.</NOTE> and to come, and that He is to be wor&s;hiped and adored not only for the pre&s;ent, pa&s;t, and future ble&s;&s;ings in this world, but al&s;o in hope of eternal happine&s;s in the world to come; is &s;o naturally ingraffed into the minds of all men, that not &s;carce one man <HI>(compos mentis)</HI> in an <NOTE PLACE="marg">That there is a God, and this God to be wor&s;hiped and &s;erved, is innate in the minds of all men, <HI>Plato, Euthyphro</HI> re|quires as the fir&s;t axiom of all virtue.</NOTE> age did ever deny it: It is no wonder therefore, if men attaining to &s;uch a height of impiety as to &s;ell their inheritance in Heaven, unju&s;tly to purcha&s;e po&s;&s;e&s;&s;ions upon Earth, do always make the &s;pecious pretences of Religion and Reformation (as the ea&s;ie&s;t way to work upon the giddy and incon&s;tant multitude, <HI>carried hither and thither with every wind of doctrine)</HI> the <HI>Exordium</HI> of all their Enterpri&s;es; for,</P>
<Q><L>&mdash;Quoties vis fallere plebem</L>
<L>Finge Deum.</L></Q>
<P N="2">2. But how they &s;hould wor&s;hip him aright, from the imperfect u&s;e of <NOTE PLACE="marg">The difficulty of plea&s;ing God from the light of na|ture.</NOTE> their rea&s;on, prejudiced by their appetitions and affections, is not to be ima|gined: For, to wor&s;hip and &s;erve God not according to the will and plea&s;ure of God, is &s;uper&s;tition; and not to wor&s;hip God, is athei&s;m. It is therefore an impo&s;&s;ible thing, without the &s;pecial a&s;&s;i&s;tance of Gods grace, that men &s;hould not fall either into &s;uper&s;tition or athei&s;m.</P>
<P N="3">3. It being impo&s;&s;ible that any act of mans will can plea&s;e <NOTE PLACE="marg">How God will be &s;erved.</NOTE> God, be it what it will, (for <HI>Saul</HI> intended well in &s;paring <HI>Agag,</HI> and the be&s;t of the cattle of the <HI>Amalekites</HI> for a &s;acrifice to God; and <HI>Uzzah</HI> in &s;taying the Ark:) God therefore by the light of humane nature being to be &s;erved, and yet not according to the will or fancy of any creature; what then is left, but that he will be &s;erved accordingly as he hath revealed him|&s;elf to mankind? For, <HI>without faith it is impo&s;sible to plea&s;e God;</HI> and faith is the believing in God as he hath revealed him&s;elf to mankind, conjoined with the love of it.</P>
<P N="4"><PB N="84" REF="106"> 4. In the beginning of the world, God revealed him&s;elf to <HI>Adam,</HI> <NOTE PLACE="marg">Gods revela|tion to <HI>Adam.</HI></NOTE> that he would be &s;erved and obeyed by him, in ab&s;taining from eating of the <HI>Tree of the knowledge of good and evil, Gen.</HI> 2. 17. It is worth the ob|&s;ervance, that the Knowledge of good and evil, is in it &s;elf a thing to be de&s;ired and endeavored, &s;o as it be done in obedience, not di&s;obedience to Gods command. God therefore in puni&s;hing <HI>Adam,</HI> learns all men this le&s;&s;on, that in all his commands he will be &s;imply and ab&s;olutely obeyed, without any di&s;puting whether it be good or bad to obey him. But Gods covenant with <HI>Adam, Adam</HI> &s;oon made void, by eating the forbidden fruit: God &s;ent him forth therefore from the garden of Eden, to dre&s;s the ground from whence he was taken.</P>
<P N="5">5. God is &s;aid to reign by covenant, where he reveals him&s;elf how he <NOTE PLACE="marg">God did reign by covenant with our fa|thers before the flood.</NOTE> will be wor&s;hiped and &s;erved. The Scriptures are &s;ilent how God did reign with our fathers before the Flood; but that God did, is evident: for it was not <HI>Abels</HI> &s;acrificing to God, which plea&s;ed God, for <HI>Cain</HI> &s;acrificed as well as <HI>Abel;</HI> but <HI>by faith Abel offered unto God a more acceptable &s;acrifice, Heb.</HI> 11. 4. and the doing of any thing by faith, is the doing it in conformity to Gods command, as he hath &s;upernaturally revealed him&s;elf: God therefore mu&s;t fir&s;t command (or reveal him&s;elf) before <HI>Abel</HI> can do any thing by faith: And <HI>Enoch walked with God;</HI> and <HI>Noah was a just man and perfect in his</HI> <NOTE PLACE="marg"><HI>Gen.</HI> 5. 22. <HI>Gen.</HI> 6. 9.</NOTE> <HI>generation, and Noah walked with God. Enoch's</HI> and <HI>Noah's</HI> walking with God, was nothing el&s;e but walking with, and doing what God had com|manded: And where there is no Law, there can neither be Ju&s;tice, nor tran&s;gre&s;&s;ion: Therefore could neither <HI>Noah</HI> be ju&s;t, nor the &s;ons of men &s;o malitious again&s;t God, that <HI>all the imaginations of the thoughts of their hearts were only every day evil;</HI> if God, for <HI>Adams</HI> &s;in, had only withheld his <NOTE PLACE="marg"><HI>Gen</HI> 6. 6.</NOTE> grace from Mankind, and not revealed him&s;elf unto them; for then men had &s;inned of infirmity, but here they &s;inned malitiou&s;ly.</P>
<P N="6">6. God did e&s;tabli&s;h a covenant with <HI>Noah</HI> and his &s;ons after the flood, <NOTE PLACE="marg">God did reign by covenant with <HI>Noah</HI> and his po|&s;terity after the flood.</NOTE> in this form, <HI>Gen.</HI> 9. 9, 10, <HI>&amp;c. Behold I, even I e&s;tabli&s;h my covenant with you, and with your &s;eed after you, and with every living creature that is with you, in fowl, in cattel, in every bea&s;t of the earth which is with you, of all that go out of the ark, what&s;oever living thing of the earth it be; And my eovenant I make with you, that from henceforth all fle&s;h &s;hall not be rooted out by the waters of a flood, neither &s;hall there be a flood to de&s;troy the earth any more: And God &s;aid, This is the token of my covenant which I make between me and you, and every living creature that is with you for ever; I do &s;et my bowe in the cloud, and it &s;hall be for a token between me and the earth, &amp;c.</HI> Yet Mankind did di&s;tru&s;t God, and &s;aid, <HI>Go to, let us build a city and a tower, who&s;e top may</HI> <NOTE PLACE="marg"><HI>Gen.</HI> 11. 4.</NOTE> <HI>reach unto heaven, and let us make us a name, le&s;t peradventure we be &s;cattered abroad upon the whole earth.</HI> So that Wi&s;dom &s;ays, <HI>Moreover the nations in</HI> <NOTE PLACE="marg"><HI>Sap. Solom.</HI> 10. 5.</NOTE> <HI>their wicked con&s;piracie being confounded, &s;he found out the righteous and pre|&s;crved him blamele&s;s with God.</HI></P>
<P N="7">7. Yet God was &s;o merciful unto Mankind, as not utterly to for&s;ake <NOTE PLACE="marg">Gods cove|nant with <HI>Abraham.</HI></NOTE> them, but e&s;tabli&s;hed his covenant with <HI>Abraham</HI> and his &s;eed: <HI>I will make my covenant between me and thee, and thy &s;eed after thee in their generations, by an everla&s;ting covenant, that I may be a God unto thee &amp; thy &s;eed after thee, &amp;c.</HI> Gen. 17. 7, &amp;c. <HI>This is my covenant which you &s;hall keep between me and you, and thy &s;eed after thee; Every man-child among you &s;hall be circumci&s;ed, &amp;c.</HI> God did not make any new covenant with <HI>I&s;aac</HI> and <HI>I&s;rael,</HI> but renewed
<PB N="85" REF="106"> that which he had made with <HI>Abraham;</HI> and by this covenant the I&s;raelites were not to &s;erve God as God &s;imply, but as the God which had appeared and made a covenant with <HI>Abraham, I&s;aac</HI> and <HI>I&s;rael.</HI> Under this covenant God by <HI>Mo&s;es</HI> gave the children of I&s;rael the Moral, the Judicial, and Cere|monial law; and under this covenant was the <HI>Me&s;sias</HI> promi&s;ed, and pro|phe&s;ied of by all the Prophets.</P>
<P>Mr. <HI>Hobbs, cap.</HI> 16. <HI>art.</HI> 13. &s;ays, The &s;upreme power, and al&s;o the in|terpretation <NOTE PLACE="marg">Annot.</NOTE> of Scripture was in <HI>Mo&s;es,</HI> while he lived, and not in <HI>Aaron:</HI> Nor do I gain&s;ay it; for, <HI>Mo&s;es</HI> was of the Tribe of <HI>Levi,</HI> as well as <HI>Aaron:</HI> Be&s;ides, what &s;hould hinder but that God, when he plea&s;ed, might give that to <HI>Mo&s;es,</HI> which ever after &s;hould be in&s;eparable from the High Prie&s;t. But where he &s;ays from <HI>Num.</HI> 27, 18, 19, 20, 21. that <HI>Eleazer</HI> was not only High Prie&s;t, but al&s;o had the &s;upreme power, becau&s;e that when <HI>Eleazer</HI> had enquired of God, <HI>Jo&s;hua</HI> and all the people &s;hould go in and out at his word; It does not follow; for then had neither <HI>David</HI> nor <HI>Saul,</HI> &amp;c. the Soveraignty, who asked coun&s;el of God by the High Prie&s;t. It is true, that was Magi&s;terial in <HI>Eleazer,</HI> which was Mini&s;terial in <HI>Aaron:</HI> It is true which he &s;ays, that <HI>Jo&s;hua</HI> had but part of the power which <HI>Mo&s;es</HI> had: But if it <NOTE PLACE="marg">Note this; for Mr. <HI>Hobbs</HI> does.</NOTE> be true which he &s;ays, that both powers were in <HI>Eleazer,</HI> then had <HI>Jo&s;hua</HI> none of the power which <HI>Mo&s;es</HI> had: But that <HI>Jo&s;hua</HI> had all temporal power, and not from <HI>Eleazer,</HI> both in command of war and governing the people, is manife&s;t every where in all the book of <HI>Jo&s;hua;</HI> neither had <HI>Eleazer</HI> any thing to do with the divi&s;ion which fell to the I&s;raelites by lot: <HI>Behold, Jo&s;hua &s;aid, I have divided unto you by lot, tho&s;e nations that remain, &amp;c.</HI> which thing does belong only to the &s;upreme Temporal power. And where|as he &s;ays, After the death of <HI>Jo&s;hua</HI> in the time of the <HI>Judges</HI> unto King <NOTE PLACE="marg"><HI>A<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">t.</HI> 15.</NOTE> <HI>Saul,</HI> it is manife&s;t that the Regal right in&s;tituted by God remained with the High-Prie&s;t; &s;ure he will not deny that the &s;upreme power was in <HI>Deborah,</HI> and yet &s;ure he will not affirm that &s;he had the Sacerdotal power.</P>
<P>And whereas Mr. <HI>Hobbs</HI> &s;ays, <HI>That the Kings of I&s;rael had power over the</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 11. <HI>ar.</HI> 16. <HI>prope finem.</HI></NOTE> <HI>High-Prie&s;ts,</HI> and in&s;tanceth in <HI>Solomons</HI> depo&s;ing <HI>Abiathar;</HI> If he means that they had power over their per&s;ons, he di&s;putes without an adver&s;ary for me: But it does not follow from thence, that they had the Sacerdotal power in them; for <HI>Solomon</HI> did re&s;tore <HI>Sadoc,</HI> who was of the line of <HI>Ele|azer,</HI> to whom he a&s;cribes &s;o much power, whereas <HI>Abiathar</HI> was of the family of <HI>Ithamar</HI> (one of <HI>Aarons</HI> younger &s;ons, whereof <HI>Eli</HI> was the fir&s;t.) <NOTE PLACE="marg"><HI>Jo&s;. de antiq. Jud. l.</HI> 8. <HI>c.</HI> 1.</NOTE> And he may as well infer that the Regal power was &s;ubject to the High-Prie&s;t, becau&s;e <HI>Jehojada</HI> re&s;tored <HI>Jehoa&s;h</HI> after he had &s;lain <HI>Athalia.</HI> And <NOTE PLACE="marg"><HI>ch.</HI> 16 <HI>art.</HI> 16.</NOTE> whereas he &s;ays, <HI>That the Kings being con&s;tituted, there is no doubt but both powers were in them;</HI> It is fal&s;e: For, if the Sacerdotal power were in the King, then might the King execute his power; but <HI>Uzziah</HI> tran&s;gre&s;&s;ed <NOTE PLACE="marg">2 <HI>Chro.</HI> 26. 16.</NOTE> again&s;t the Lord his God, when he went into the temple of the Lord to burn incen&s;e upon the altar of incen&s;e: For, as <HI>Azariah</HI> the Prie&s;t told him, <NOTE PLACE="marg"><HI>ver.</HI> 18.</NOTE> <HI>It appertaineth not unto thee, Uzziah, to burn incen&s;e unto the Lord, but to the Prie&s;ts the &s;ons of Aaron that are con&s;ecrated to burn incen&s;e, &amp;c.</HI> See <HI>Num.</HI> 18. 7. &amp; <HI>Exod.</HI> 30. 7. <HI>And the Lord &s;mote him with lepro&s;ie, and Ahaziah thrust him out,</HI> v. 20. See the manner more at large, <HI>Jo&s;eph. lib.</HI> 9. <HI>cap.</HI> 11. <HI>de antiq. Judaeor.</HI> And <HI>Saul</HI> was therefore rejected from being King, becau&s;e in ca&s;e of extreme danger he did offer &s;acrifice, 1 <HI>Sam.</HI> 13. 14.</P>
<P N="7"><PB N="86" REF="107"> 7. That our Saviour Je&s;us Chri&s;t, God and Man, foretold by all the Pro|phets, <NOTE PLACE="marg">The new and la&s;t Covenant and Revelati|on of God to Mankind by his Son.</NOTE> mo&s;t e&s;pecially by that mo&s;t noble Prophet <HI>I&s;aiah,</HI> (de&s;cended from the Kings of <HI>Judah,)</HI> took our nature upon him, in <HI>Augu&s;tus Ce&s;ars</HI> reign, when <HI>Janus</HI> Temple was &s;hut, and an univer&s;al peace over all the world, who by him&s;elf once offered for us under <HI>Pontius Pilate</HI> the deputy, was a ful|filling of the ceremonial Law, (being but a type of him to come) and a &s;uffi|cient propitiation and &s;atisfaction for the &s;inns of the whole world beleeving on him, being the foundation of all Chri&s;tian faith, I will not di&s;pute.</P>
<P>Note Reader that our Saviour being the Prince of Peace, this Prince <NOTE PLACE="marg">Nota Bene,</NOTE> of Peace, was born into the world when there was an univer&s;al Peace; &s;o being the King of Peace was born (as if there could be no peace without it) when as there was none but Monarchy (and that not elective) in all the world.</P>
<P N="8">8. But becau&s;e <HI>parum e&s;t lex, ni&s;i &s;unt qui po&s;&s;unt jura gerere,</HI> it had been <NOTE PLACE="marg">What Order our Saviour took in his life time, for executing of his la&s;t Will and Te&s;ta|ment and how executed.</NOTE> to no purpo&s;e for our Saviour to have made his la&s;t Will and Te&s;tament, if he had not made Executors to have executed it, he cho&s;e and ordained twelve Apo&s;tles, &amp; &s;eventy Di&s;ciples or Evangeli&s;ts his Executors: note, that in the Go&s;pells, the Evangeli&s;ts are u&s;ually called Chri&s;ts Di&s;ciples as well as Apo&s;tles, but the Di&s;ciples the Evangeli&s;ts are never called his Apo&s;tles;) After our Saviours pa&s;&s;ion St. <HI>Peter</HI> in his exhortation for the choo&s;ing of another in the place of <HI>Judas,</HI> who had betrayed his Ma&s;ter, &s;aies, <HI>Acts.</HI> 1. 20. <HI>Let his habitation be void and no man dwelling therein, and his Bi&s;hoprick</HI> <GAP DESC="foreign"> <HI>let another take.</HI> Here the Apo&s;tles (who are al&s;o called Di&s;ciples) appointed <HI>Jo&s;eph</HI> and <HI>Mathias,</HI> but the lot fell upon <HI>Mathias;</HI> the&s;e Appo&s;tles created &s;even Deacons. <HI>Acts</HI> 6. 6. cho&s;en by the multitude, after prayer, having laid their hands upon them. <HI>Peter</HI> and <HI>John, Act.</HI> 8. 17. confirm and lay hands on the <HI>Samaritans</HI> converted by the preaching of <HI>Philip. Saul</HI> is called to the Apo&s;tle&s;hip after he was &s;triken blind, and had &s;een Je&s;us whom he had per&s;ecuted, <HI>Act.</HI> 9. 3, 4, 5. <HI>Barnabas</HI> was &s;ent to confirm the beleevers converted by them who were &s;cattered upon St. <HI>Stevens</HI> per|&s;ecution at <HI>Phenice</HI> and <HI>Cyprus, Act.</HI> 11. 22, 23. <HI>Paul</HI> and <HI>Barnabas</HI> confirm the Soules of the Di&s;ciples, and ordain Elders in every Church, <HI>Act.</HI> 14. 22, 23. Paul <HI>&s;aid to</HI> Barnabas, <HI>let us vi&s;it our brethren in every City where we have preached, Act.</HI> 15. 36. neither can it be &s;hewed that any in the Acts, did or|dain, lay on their hands, confirme or vi&s;it, but only the Apo&s;tles; &s;o that as Apo&s;tles, that is, men &s;ent not only to preach, confirm, ordain, vi&s;it, &amp;c. every where, were none made but by our Saviour; For St. <HI>Paul</HI> and <HI>Barnabas</HI> were <NOTE PLACE="marg"><HI>Acts.</HI> 15. 2.</NOTE> miraculou&s;ly cho&s;en by him; <HI>And the Lot fell upon</HI> Mathias, <HI>Act.</HI> 1. 26. and the Lot is of the Lord.</P>
<P N="9">9. But becau&s;e our Saviour would not leave his Church in &s;o &s;hort-lived a &s;tates as to be but of one Ages continuance (God having left with the <HI>Jewes</HI> <NOTE PLACE="marg">Our Saviours promi&s;e to his Church.</NOTE> &s;ufficient power for the propagation of the <HI>Jewi&s;h</HI> prie&s;thood, untill all &s;hould be fulfilled by our Saviour) he &s;aies, <HI>Behold I am with you even unto the end of the world, Amen,</HI> St. <HI>Matth.</HI> 28. 20. But preaching the Go&s;pel, ordaining, laying on of hands, confirming, &amp;c. are nece&s;&s;ary fundamentals for the con|&s;tituting of a Chri&s;tian Church unto the end of the world, &amp;c. Our Saviour therefore will be with his Church unto the end of the world in Preaching the Go&s;pel, in ordaining, laying on of hands, confirming, &amp;c.</P>
<P N="10">10. It being evident that the Apo&s;tles did preach, ordain, &amp;c. our <NOTE PLACE="marg">The Apo&s;tles did ordain Bi&s;hops, Presbyters, and Deacons.</NOTE> Saviour having promi&s;ed to be with the Apo&s;tles and Di&s;ciples <HI>(i. e.</HI> the Church) unto the end of the world, therefore after the Apo&s;tles, preaching
<PB N="87" REF="107"> the Go&s;pel, ordaining, &amp;c. &s;hould be in the Church, let us &s;ee to whom our Saviour did bequeath this gho&s;tly power after the Apo&s;tles. The Apo&s;tles did ordain Bi&s;hops, Elders, and Deacons, <HI>Epi&s;copos, Presbyteros,</HI> <NOTE PLACE="marg"><HI>Act.</HI> 14. 21.</NOTE> <HI>Diaconos:</HI> That Presbyter is not the name of Age, but Office, is mo&s;t ma|nife&s;t; for when St. <HI>Paul.</HI> had ordained Presbyters or Elders in every City, &s;ure he made them no elder then they were; Be&s;ides he made <HI>Timothy</HI> a Presbyter when he was but a young man, 1 <HI>Tim.</HI> 4. 12.</P>
<P N="10">10. As our Saviour did u&s;ually call his Apo&s;tles his Di&s;ciples, but ne|ver <NOTE PLACE="marg">The diffe|rence be|tween a Pre&s;|biter and a Bi&s;hop.</NOTE> called his Di&s;ciples or Evangeli&s;ts his Apo&s;tles; &s;o the Apo&s;tles did u&s;ually call Bi&s;hops, Presbyters, but never called Presbyters, Bi&s;hops. As <HI>Act.</HI> 20. 17. whom St. <HI>Paul</HI> calls Elders of the Church, <HI>v.</HI> 28. he calls <GAP DESC="foreign">, and St. <HI>John</HI> the Apo&s;tle <HI>Ep.</HI> 2. 3. <HI>v.</HI> 1. calls him&s;elf the elder. It is true therefore that every Bi&s;hop is (or at lea&s;t ought to be) a Presbyter, but every Presbyter is not a Bi&s;hop: For St. <HI>Paul</HI> &s;aies, <HI>Again&s;t an Elder or Presbyter receive not an accu&s;ation, but before two or three witne&s;&s;es,</HI> 1 <HI>Tim.</HI> 5. 19. But equals cannot judge equals, therefore <HI>Timothy</HI> as a Presbyter could not judge a Presbyter, therefore he &s;hould judge him as being Bi&s;hop, and &s;o by con&s;equence Presbyters are &s;ubject to the judgment of Bi&s;hops (that is in Epi&s;copal jurisdiction.) Be&s;ides, Bi&s;hops have power of ordination of Presbyters in every City, 1 <HI>Tit.</HI> 5. 1 <HI>Tim.</HI> 5. 22. but it is no where found that ever Presbyters did ordain Bi&s;hops. It is not therefore Eccle&s;ia&s;tical practice only, that is, the univer&s;al practice of all Chri&s;tians in all ages un|till <HI>John Calvin,</HI> but the in&s;titution of our Saviour, by which Bi&s;hops do excell and govern Presbyters. It was after the de&s;truction of <HI>Jeru&s;alem,</HI> that <HI>Epi&s;copi &amp; Pre&s;byteri caepere appellari Pontifices &amp; &s;acerdotes,</HI> as the mo&s;t learned <HI>E&s;tius</HI> ob&s;erves; and that the name of Prie&s;t is not a Jewi&s;h <NOTE PLACE="marg"><HI>Di&s;tin:</HI> 24. <HI>l.</HI> 4. <HI>pag.</HI> 35, 36.</NOTE> word, is evident, for <HI>Melchi&s;edech</HI> was not a <HI>Jew,</HI> and yet a Prie&s;t; and our Saviour a Prie&s;t for ever after the order of <HI>Melchi&s;edech.</HI></P>
<P N="11">11. What St. <HI>Paul</HI> in the end of his Epi&s;tle to <HI>Timothy,</HI> calls Bi&s;hop of <NOTE PLACE="marg">An Apo&s;tle and Bi&s;hop the &s;ame.</NOTE> the <HI>Ephe&s;ians,</HI> St. <HI>John Revel.</HI> 2. 1. calls Angel of the Church of the <HI>Ephe&s;ians.</HI> So St. <HI>Paul</HI> and St. <HI>John</HI> under&s;tand the &s;ame thing by Angel, and Bi&s;hop; but <HI>Angelus</HI> and <HI>Apo&s;tolus</HI> are the &s;ame, and therefore <HI>Epi&s;copus</HI> and <HI>Apo&s;tolus</HI> are the &s;ame. But what need that be proved by deduction, which the Apo&s;tle, <HI>Gal.</HI> 1. 19. expre&s;&s;eth: For <HI>James</HI> was none of the twelve, yet being Bi&s;hop of <HI>Jeru&s;alem,</HI> St. <HI>Paul</HI> te&s;tifies him to be an Apo&s;tle. Be|&s;ides it is evident, <HI>Epi&s;copatus</HI> is the office as well of an Apo&s;tle as a Bi&s;hop, <HI>Act.</HI> 1. 20. There is therefore no difference between an Apo&s;tle and a Bi&s;hop; only Apo&s;tles con&s;tituted by our Saviour, had their function uni|ver&s;al, whereas the Bi&s;hops or Apo&s;tles ordained by the Apo&s;tles, had but a Topical function, that is, the exerci&s;e of their power was re&s;trained to their City or Dioce&s;s: And all Eccle&s;ia&s;tical writers do affirm that St. <HI>James</HI> did pre&s;ide in the Council of <HI>Jeru&s;alem,</HI> although St. <HI>Peter</HI> with other of the Apo&s;tles were Members of it.</P>
<P N="12">12. Our Saviour having promi&s;ed the gho&s;tly power of Confirmaion, Or|dination, <NOTE PLACE="marg">The Power of Bi&s;hops, which Prie&s;ts have not.</NOTE> &amp;c. to be with his Church to the end of the world, and the power of Ordination, Confirmation and Excommunication, being bequeathed only to the Apo&s;tles, the power of Ordination, Confirmation, and Excommu|nication de&s;cend only to the Apo&s;tles &s;ucce&s;&s;ors, <HI>viz.</HI> Bi&s;hops rightly or|dained.</P>
<P N="13">13. Not the voice and letter, but the genuine and true &s;en&s;e of the <NOTE PLACE="marg">Of the inter|pretation of Scriptures.</NOTE>
<PB N="88" REF="108"> Word of God, is the Canon of Chri&s;tian Doctrine; for the minde cannot be governed by Scriptures, unle&s;s under&s;tood. It is nece&s;&s;ary therefore that Scriptures be interpreted before they be made a rule. It will therefore follow that either God hath left a Power which may interpret Scripture, or el&s;e that God hath revealed him&s;elf to Men without &s;en&s;e or meaning; but the latter of the&s;e is mo&s;t fal&s;e and bla&s;phemous, therefore it is true that God hath left a power upon earth which may interpret the Scriptures.</P>
<P N="14">14. If the Scriptures were as Arts and Sciences, which are derived from <NOTE PLACE="marg">The Scrip|tures cannot be interpre|ted by them|&s;elves, that is, one place by another.</NOTE> higher Principles or Axiomes, which though they cannot be proved (but are as <HI>Ari&s;totle</HI> calls them, indemon&s;trable propo&s;itions) yet are &s;o clear and manife&s;t, that no exception can be taken to them, then indeed the Scriptures as well as Arts and Sciences, might be proved, one place by another, untill they were re&s;olved to their fir&s;t Principles; which though granted, cannot be proved. But it is far otherwi&s;e with the Scriptures, for there is no Scripture which is not of like Authority with any other, every Scripture being the Word of God; one place of Scripture therefore cannot be interpreted by the con&s;equents which may follow from another, any more then the con&s;e|quents which follow from<HI>&mdash;Quae eidem &s;unt aequalia, inter &s;e &s;unt aequalia,</HI> may be interpreted by <HI>Omne totum e&s;t majus &s;ua parte.</HI></P>
<P N="15">15. There is no prophe&s;ie of the Scripture of any private interpretation, <NOTE PLACE="marg">Not all they who do tran|&s;late the Scrip|tures are the intepreters of them.</NOTE> 2. <HI>Pet.</HI> 1. 20. It is not therefore every one, who can tran&s;late the Scripture out of one language into another, with his own private conceptions upon them, which renders them to be interpreted by him. What then? hath God revealed him&s;elf to mankind in general without &s;en&s;e or meaning? No, it does not follow; for as in temporal Laws, no man can interpret them but he that made them, either by him&s;elf or them whom he &s;hall con&s;titute, yet every man may by his rea&s;on and di&s;cour&s;e direct his own actions in conformity to tho&s;e Laws; but if he &s;hall do any act upon mi&s;con&s;truction or interpretation of his own, his mi&s;taking the meaning of the Law &s;hall not excu&s;e him: So private men may endeavor to direct their actions accordingly as they &s;uppo&s;e God hath directed them in the Scriptures, yet if upon their own heads they undertake to interpret the Scriptures (although in order only to their own actions) their mi&s;under&s;tanding the Scriptures, &s;hall never excu&s;e any unju&s;t act.</P>
<P N="16">16. Every Law of God is the Word of God, but every Word of God is not the Law of God; as <HI>Jacob</HI> went into <HI>Egypt,</HI> is the Word, but not the <NOTE PLACE="marg">To whom the Authority of the inter|pretation of Scripture doth belong.</NOTE> the Law of God: The Scriptures contain Political, Hi&s;torical, Moral, and Natural things; which are not rules of the my&s;tery of Chri&s;tian Faith and Religion. Tho&s;e things which concern Morality and Temporal power and Government, our Saviour made no alteration in them; for he &s;aies, St. <HI>Matth.</HI> 5. 17. <HI>Think not that I am come to de&s;troy the Law or the Prophets, I am not come to de&s;troy, but to fulfil.</HI> And therefore, <HI>quid est homicidium? quid furtum? quid &s;it meum vel tuum? &amp;c.</HI> belongs to the Temporal power, as much &s;ince our Saviour as before; and truly I do not think I &s;hould do the Church of <HI>England</HI> any wrong, if I &s;hould with <HI>Lindwood</HI> affirm, that not only the Probate of Wills, but al&s;o the cogni&s;ance of Tithes was in the Church <HI>ex con&s;uetudine Angliae:</HI> but tho&s;e things which relate to my&s;teries of Chri&s;tian faith; as our Saviors being the Son of God, took humane nature upon him, and was born of a Virgin, preached repentance, died upon the cro&s;s for the &s;innes of the world, ro&s;e again the third day, &amp;c. God to make his power
<PB N="89" REF="108"> known, by the preaching of a few mean men and Fi&s;hermen, and from the mouths of babes and &s;ucklings (all Temporal power not only not permitting, but contradicting it) converted the world to Chri&s;tianity: And although our Saviour gave power to all his Di&s;ciples to preach the Go&s;pel, yet only to the Apo&s;tles <HI>He expounded the Scriptures, beginning at Mo&s;es;</HI> And it was <NOTE PLACE="marg">Luk. 24. 27.</NOTE> the Apo&s;tles under&s;tandings which he opened, that they might under&s;tand the Scriptures. <HI>And the &s;pirits of the Prophets are &s;ubject to the Prophets:</HI> <NOTE PLACE="marg"><HI>ver.</HI> 45.</NOTE> Our Saviour therefore having promi&s;ed the continuance of all gho&s;tly power in his Church, and having given the power of the interpretation of the Scriptures (that is, tho&s;e Scriptures which concern him immediately) only to his Apo&s;tles, the authority of the interpretation of the Scriptures is continued only in their &s;ucce&s;&s;ors the Bi&s;hops: <HI>As my Father &s;ent me, &s;o &s;end I you.</HI> <NOTE PLACE="marg">S. Joh. 20. 21.</NOTE></P>
<P N="17">17. Our Saviour being the Head of the Catholique Church, therefore <NOTE PLACE="marg">To whom the right of ma|king Eccle&s;i|a&s;tical laws belongs.</NOTE> all the body of the Church cannot make one Article <HI>de fide;</HI> and, <HI>Who&s;o &s;hall go about to adde or dimini&s;h from the prophe&s;ie of the book of life, God &s;hall plague him, and take away his part from the book of life,</HI> Rev. 22. 18, 19. Yet where he gives command to his Church to do any thing, but gives it no direction how it &s;hould be done, as, <HI>Let all things be done decently and in order,</HI> 1 <HI>Cor.</HI> 14. 40. there he gives the Church a power to make laws for the execution of his command: for, decencie and order mu&s;t pre&s;uppo&s;e laws and directions; and where there are no laws, there things mu&s;t nece&s;|&s;arily be done indecently and di&s;orderly. It therefore belongs to the magi|&s;terial or governing part of the Church (that is the Bi&s;hops) to make laws for the decencie and order of the Publique &s;ervice of God, Con&s;ecration, Sacraments, things offered up to God, and Rites of Marriage.</P>
<P N="18">18. It was only to <HI>Timothy</HI> as Bi&s;hop of the <HI>Ephe&s;ians,</HI> that S. <HI>Paul,</HI> <NOTE PLACE="marg">To whom the compo&s;ing of Publique Li|turgies be|longs.</NOTE> 1 <HI>Tim. cap.</HI> 2. exhorts, that fir&s;t of all <HI>prayers, &s;upplications, interce&s;sions, and giving of thanks be made for all men.</HI> Therefore to Bi&s;hops it only belongs: And S. <HI>Ambro&s;e</HI> his Liturgy is continued in <HI>Milan</HI> to this day, if no alteration were &s;ince the Council of <HI>Trent.</HI></P>
<P N="19">19. The next Order in the Church of Chri&s;t to Apo&s;tles and Bi&s;hops, <NOTE PLACE="marg">Of Prie&s;ts and their function.</NOTE> is that of Presbytery or Prie&s;thood, as S. <HI>Paul</HI> &s;ays 1 <HI>Cor.</HI> 12. 28. <HI>God hath &s;et &s;ome in the Church, fir&s;t Apo&s;tles, &s;econdly Prophets, thirdly Teachers.</HI> The Sacerdotal or Prie&s;tly power, in mo&s;t things is the &s;ame with Epi&s;copal or Pontificial: as, both of them have power to con&s;ecrate the Sacrament of our Lords Supper, and give it to the Laity; both of them have power of Ab&s;olution and Remi&s;&s;ion of the &s;ins of believing and repenting &s;inners; both have power of Benediction, of offering up the &s;ervice of the Church; both of them have power to preach the Go&s;pel, that is, preach what our Saviour, the Apo&s;tles and Evangeli&s;ts taught, and what Interpretation the Church hath made; both have power of publique baptizing Infants; both have power of vi&s;itation of the Sick, celebrating Marriage and pronouncing man and wife: But Ordination, Confirmation, Excommunication, Interpre|tation of Scriptures, (And therefore if any Prie&s;t preaches any other Inter|pretation of the Scriptures, than what the received Interpretation of the Fathers of the Ea&s;tern and We&s;tern Churches have made, and the Councils of the fir&s;t 400 years after our Saviour, which Interpretation is received and acknowledged by the Bi&s;hops of the Church of <HI>England,</HI> the Bi&s;hops by the te&s;timony of two or three witne&s;&s;es may judge him:) Vi&s;iting Parochial Congregations, compo&s;ing Publique Forms of Prayers, Con&s;ecration of Churches and things offered up to God, belong only to Bi&s;hops.</P>
<P N="20"><PB N="90" REF="109"> 20. Deacons are almo&s;t in the &s;ame proportion to Prie&s;ts, as Prie&s;ts <NOTE PLACE="marg">Of Deacons and their function.</NOTE> are to Bi&s;hops: Deacons may preach the Go&s;pel, which is evident, for the <HI>Samaritans</HI> were converted by the preaching of <HI>Philip.</HI> A Deacon is the Mini&s;ter of Bi&s;hop and Prie&s;t, to a&s;&s;i&s;t them in offering up the Publique <NOTE PLACE="marg"><HI>Act.</HI> 8. 12.</NOTE> &s;ervice of the Church, in giving the Cup after them in the Sacrament, in taking the offerings of the Prie&s;t, in the Vi&s;itation of the &s;ick, in Publique Bapti&s;m: But a Deacon cannot con&s;ecrate the Sacrament, pronounce Ab|&s;olution nor Benediction; and the&s;e three, no que&s;tion, are the Orders which <HI>S. Paul</HI> calls, fir&s;t Apo&s;tles, &s;econdly Prophets, thirdly Teachers; <NOTE PLACE="marg">1 <HI>Cor.</HI> 12. 28.</NOTE> for in all things, but only preaching and baptizing, a Deacon is the Mini&s;ter of the Prie&s;t and Bi&s;hop.</P>
<P N="21">21. <HI>Eccle&s;ia,</HI> &s;ays <HI>S. Cyprian, e&s;t plebs epi&s;copo adunata;</HI> or as the Church <NOTE PLACE="marg">What is a Church.</NOTE> of <HI>England</HI> hath defined it, a Church is a Bi&s;hop, Curates, and Congregati|ons committed to his charge. Every Congregation being a Pari&s;h (that is, a Prie&s;t rightly in&s;tituted and inducted, exerci&s;ing his function, and the in|habitants of that Pari&s;h conforming them&s;elves to the rules of the Bi&s;hop.) <HI>Una eccle&s;ia plures epi&s;copos non habet, plures presbyteros habet.</HI> And therefore <HI>S. James</HI> &s;ays, <HI>If any among you be &s;ick, let him call the elders of the Church, cap.</HI> 5. 14. &s;uch was the Church of <HI>Ephe&s;us,</HI> of <HI>Smyrna, Laodicea, Antioch, &amp;c.</HI> and &s;uch is the Church of <HI>London, Roche&s;ter, &amp;c.</HI></P>
<P>A National Church, is the aggregation of &s;everal Churches in one <NOTE PLACE="marg">A National Church.</NOTE> Kingdom, in the &s;ame form of Liturgy, Doctrine, and Publique Wor&s;hip of God: &s;uch are the Churches of <HI>Greece, Mo&s;covy, England, France, &amp;c.</HI> The Catholique Church, is all Chri&s;tian Churches united to one Head <NOTE PLACE="marg">The Catho|lique Church.</NOTE> Chri&s;t Je&s;us.</P>
<P N="22">22. He that heareth not and obeyeth not the Church, is to be accounted <NOTE PLACE="marg">He that denies the authority of the Church denies the authority of the Scri|ptures. <HI>S. Luk.</HI> 10. 16.</NOTE> as a Heathen man, <HI>Matth.</HI> 18. 17. And what is a Heathen man, but he which denies or believes not the Scriptures? Nor is it men, which men de&s;pi&s;e and &s;et at nought in de&s;pi&s;ing the Church, but God and Chri&s;t him&s;elf; for, <HI>He that de&s;pi&s;eth you, (viz.</HI> them &s;ent by Chri&s;t) <HI>de&s;pi&s;eth me; and he that de&s;pi&s;eth me, de&s;pi&s;eth him that &s;ent me.</HI></P>
<P>That Regality is a &s;acred order, being an in&s;titution of God, <HI>Gen.</HI> 49. 10. <MILESTONE N="1" UNIT="Annot."> and every King the <HI>Lords Anointed,</HI> is in more then thirty places expre&s;&s;ed by God him&s;elf. It is therefore, I conceive, why the Church of <HI>Rome</HI> al|lows Kings the Sacrament in both kinds: But how Kings, as being Chri|&s;tian, can have any gho&s;tly power, (in&s;tituted by our Saviour to be only in his Church, and that only by &s;uch means as he hath pre&s;cribed) I do not under&s;tand: For, Kings, as Kings, are no e&s;&s;ential part of Chri&s;ts Church, and therefore cannot create gho&s;tly power. And this King <HI>James</HI> confe&s;&s;ed, as you may read in <HI>Spot&s;woods</HI> Hi&s;tory, <HI>p.</HI> 514. And if Kings by becoming Chri&s;tian, have gho&s;tly power, then is the power left by our Saviour to his Church, not only weakned by Kings being converted to Chri&s;tianity, but al&s;o divided, which is ab&s;urd. But if <HI>Solomon</HI> his offering a peace-offering for the people, and his ble&s;&s;ing the people, be objected; I an&s;wer, it does &s;ignifie no more then a fathers ble&s;&s;ing his children, and praying to God that they may live peaceably: But none of the Kings did ever offer a &s;in-offering or burn incen&s;e to the Lord, without reprehen&s;ion by God.</P>
<P>Out of this it is evident, that God never for&s;ook men, before they <MILESTONE N="2" UNIT="Annot."> fir&s;t did for&s;ake him: <HI>Adam</HI> did fir&s;t eat the forbidden fruit, before God
<PB N="91" REF="109"> drove him out of <HI>Paradi&s;e,</HI> and cur&s;ed Mankind, and the ground for his &s;ake; Then mankind &s;inned malitiou&s;ly, before God brought the general <HI>Catacly&s;me</HI> upon them; and they made a wicked con&s;piracy, before God con|founded them at <HI>Babel,</HI> but none were more malitiou&s;ly &s;tubborn than the <HI>Jewes,</HI> who when they were enjoyned to ob&s;erve the Ceremonial Law, &s;carce ever ob&s;erved it, but went a whoring after the Gods of the Nations, <HI>Moab, Ammon, A&s;hteroh, &amp;c.</HI> yet &s;ince our Saviour hath fulfilled it, never did men &s;o &s;uper&s;tituou&s;ly ob&s;erve any thing, as they have done it. And now Oh that I could more then powre forth all <HI>Jeremies</HI> lamentations, in com|mi&s;eration of thee O my Mother Church and Native Country, much more de&s;erving it then the <HI>Jewes,</HI> in the <HI>Babiloni&s;h</HI> Captivity! for <HI>Jeremiah</HI> fore|&s;aw their return and re&s;titution, whereas I cannot hope but that Chri&s;tianity it &s;elf is in the very wayne here among us: For not only Bi&s;hops and Prie&s;ts are therefore hated, becau&s;e they are Chri&s;ts Mini&s;ters; and Puppets Moun|tebankes, and Tryers, &s;et up in the place of them; and not only all the carved works in the hou&s;es of God, in de&s;pite of God, are beaten down with Axes and Hammers, and the hou&s;es them&s;elves de&s;troyed and made &s;tables for hor&s;es, but all the &s;olemn days kept in commemoration and gra|titude for our Saviours Nativity, Pa&s;&s;ion, Re&s;urrection, A&s;cention, &amp;c. in de&s;pite of Chri&s;tianity decryed as &s;uper&s;titious, &amp;c. Sure as glorious Chri&s;tian Churches as ever were in <HI>England,</HI> have been in <HI>Africa, &amp;c,</HI> where (were it not for &s;ome poore Chri&s;tian &s;laves) there is not &s;o much as any foot&s;teps of Chri&s;tianity left.</P>
</DIV3>
</DIV2>
</DIV1>
<DIV1 N="3" TYPE="book">
<DIV2 TYPE="table of contents">
<PB N="92" REF="110">
<HEAD>The Contents of the Third Book.</HEAD>
<P>THe Fir&s;t <HI>Chap.</HI> contains the cau&s;es of Subjection of Subjects to Su|pream Powers, of Subjection of Children to Parents, of Servants to Ma&s;ters, as al&s;o to them who have over&s;ight over us in the Lord.</P>
<P>The Second <HI>Chap.</HI> treats of &s;ucce&s;sion of Princes in Hereditary Monarchies, and di&s;covers the fiction of the Salique Law in <HI>France;</HI> and that it was a meer invention to exclude the ju&s;t title of the Kings of <HI>England,</HI> and has been ill ob&s;erved by the <HI>French</HI> them&s;elves, when it did not conduce to their advan|tage.</P>
<P>The Third <HI>Chap.</HI> treats of the Municipal Laws of my dear and native Country, before they became invaded and &s;ubverted by tho&s;e men, who in &s;o many &s;eve|ral &s;hapes &s;ince 1640. have arrogated to them&s;elves the name of Parlia|ment.</P>
</DIV2>
<DIV2 N="3" TYPE="book">
<PB N="93" REF="110">
<HEAD>THE THIRD BOOK.</HEAD>
<DIV3 N="1" TYPE="chapter">
<HEAD>CHAP. I. Of Subjection.</HEAD>
<P N="1">1. _IT is ob&s;erved by a Writer, that our Sa|viour <NOTE PLACE="marg">Introduction.</NOTE> in communicating the Cup to his Di&s;ciples, as if he had fore&s;een that it would be detained from the Laity, gave it in the&s;e words, <HI>Drink ye all of it;</HI> whereas in partaking of the Bread he &s;aid only, <HI>take, eat, &amp;c.</HI> I am &s;ure it is well worth the ob&s;ervation, that the Holy Gho&s;t as fore&s;eeing the great abu&s;es which &s;hould happen in the world, by the &s;pecious pretences of Religion, Con&s;cience, the Power of the People or Parliaments, &amp;c. com|mands Subjection to Higher Powers, not in certain ca&s;es, but ab&s;olutely; and not certain per&s;ons, but <HI>every Soul is to be Subject to the Higher</HI> <NOTE PLACE="marg"><HI>Rom.</HI> 13. 1.</NOTE> <HI>Powers.</HI></P>
<P N="2">2. I &s;ay, Supream or Regal Power being from God immediately by <NOTE PLACE="marg">Subjection due by the Law of Na|ture to Sove|raigns.</NOTE> the Law of Nature, it does nece&s;&s;arily follow that &s;ubjection of Subjects to their Soveraign is due by the Law of Nature; nor can the relations be di&s;&s;olved but by God him&s;elf. I may, I think, without any affectation, affirm, that the Judges in <HI>Calvins</HI> ca&s;e were as learned and upright as ever any be|fore, or &s;ince; let us therefore &s;ee their re&s;olutions.</P>
<P N="3">3. Tho&s;e learned and upright Judges re&s;olve <HI>tit. Ligeance.</HI> Ligeance <NOTE PLACE="marg">What is Lige|ance.</NOTE> is a true and faithfull Obedience of the Subject due to his Soveraign. This Ligeance and Obedience is an incident in&s;eparable to every Subject; for as
<PB N="94" REF="111"> &s;oon as he is born, he owes by birthright Ligeance, and Obedience to his Soveraign; <HI>Ligeantia e&s;t vinculum fidei, &amp; qua&s;i e&s;&s;entia Legis,</HI> and a little after <HI>page</HI> 5. Ligeance does not begin by the Oath of the Leete; For many men owe true Ligeance, who were never &s;worn in the Leete. (Where note it is fal&s;e, if not Trea&s;onable in Mr. <HI>Hobbs,</HI> who affirms <HI>that the Knowledg</HI> <MILESTONE UNIT="Note."> <HI>of the Legi&s;lator does depend upon the Citizen:</HI> For every man, is as much a &s;ubject before he hath taken the Oath of Aligeance, as af|ter.) And &s;ee what&s;oever is due by the con&s;titution of man may be <NOTE PLACE="marg"><HI>Pag.</HI> 25. <HI>tit.</HI> 5.</NOTE> altered; but natural Ligeance of the Subject to his Soveraign cannot be al|tered; <HI>ergo,</HI> natural Ligeance, or Obedience to the Soveraign is not due by the Law or con&s;titution of man. And again, what&s;oever is due by the Law of Nature cannot be altered, but Ligeance and Obedience of the Subject to the Soveraign, is due by the Law of Nature, <HI>ergo;</HI> it cannot be altered. <HI>Et qui abjurat regnum, amittit regnum, &s;ed non regem; amittit patriam, &s;ed non patrem</HI> <NOTE PLACE="marg"><HI>Pag.</HI> 9.</NOTE> <HI>patriae.</HI></P>
<P N="4">4. <HI>Ligeantia ac qui&s;ita,</HI> or Denization is threefold, Fir&s;t, ab&s;olute to them <NOTE PLACE="marg"><HI>Ligeantia ac|qui&s;ita Pag.</HI> 5. <HI>&amp;</HI> 6.</NOTE> and their heirs. Secondly limited, as when the King does grant Letters of Denization to an Alien, and the Heirs Males of his body, or for life. The third is, when the King by Conque&s;t conquers another Kingdom, or part of it, the <HI>Antenati &amp; Po&s;tnati</HI> are Denizens of the Kingdom, or Dominion &s;o conquered. Yet &s;ure under correction, the <HI>Po&s;tnati</HI> are not only Denizens but Natural Subjects. For Power and Subjection being by the Law of Na|ture, all men born in the Dominion of any Soveraign, are his Natural Subjects; and with this does Sir <HI>Ed. Coke</HI> agree. If a man come into <HI>England,</HI> and have i&s;&s;ue two Sons, the&s;e two Sons are Indigend Subjects born, becau&s;e they <NOTE PLACE="marg"><HI>Com. Lit. pag.</HI> 88.</NOTE> are borne within the Realm, that is in the Dominion of the King; but if any be borne out of the Realm, that is out of the Dominion of the King (although of Natural Subjects to the King) they are <HI>alienigena.</HI> They therefore who are <HI>Po&s;tnati</HI> in the exerci&s;e of the Kings power by Conque&s;t, are his natural Subjects.</P>
<P N="5">5. Local Ligeance is, when any Subject of <HI>France</HI> is in <HI>England,</HI> or any <HI>Engli&s;h</HI> in <HI>France,</HI> &amp;c. &s;o long as he is in the power of the King, he is <HI>de</HI> <NOTE PLACE="marg">Local Lige|ance, <HI>tit.</HI> 3. <HI>pag.</HI> 6.</NOTE> <HI>facto,</HI> his Leigeman. Therefore a Frenchman being in <HI>England,</HI> joyned with divers Subjects of this Realm in Trea&s;on again&s;t the King and Queen, and the indictment concluded <HI>contra ligeantiae &s;uae debitum;</HI> For he owed the King a Local Obedience; but if he have i&s;&s;ue here, that i&s;&s;ue is a Natural born Subject, and it is not <HI>caelum nec &s;olum,</HI> neither clymate nor &s;oyle, but <HI>Ligeantia</HI> which makes a natural Subject; and therefore if Enemies po&s;&s;e&s;s any fort, &amp;c. the i&s;&s;ue borne there is no Subject of the Kings, by as much rea&s;on tho&s;e Subjects borne after Conque&s;t by any King of <HI>England,</HI> are his Natural Subjects.</P>
<P N="6">6. Legal Ligeance is, when at &s;uit of the King, the Subject takes the Oath of Ligeance to the King, which is; You &s;hall &s;weare that from this day <NOTE PLACE="marg"><HI><GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">igeantia Le|<GAP DESC="illegible" RESP="UOM" EXTENT="4 letters">s, tit.</HI> 4. <HI><GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">g.</HI> 6. 7.</NOTE> forward you &s;hall be true and faithful to our Soveraign the Lord King <HI>Charles</HI> his Heirs, and truth and faith &s;hall beare of life, and member, and Terrene honor, and you &s;hall neither know nor heare of any ill or damage intended unto him, that you &s;hall not defend, &s;o help you Almighty God. The &s;ub|&s;tance and effect hereof is due by the Law of Nature, <HI>ex in&s;titutione natura;</HI> the form and addition of the Oath is <HI>ex previ&s;ione hominis.</HI> In this Oath five things are ob&s;erved.</P>
<PB N="95" REF="111">
<P> 1. For the time, it is indefinite and without limit, <HI>from this day forward.</HI> <NOTE PLACE="marg">Five ob&s;erva|ble things in the Oath of Ligeance.</NOTE></P>
<P>2. Two excellent things are required, that is, <HI>to be true and faithful.</HI> 3. To whom? <HI>To our Soveraign Lord the King and his heirs.</HI> 4. In what manner? <HI>And faith and troth &s;hall bear &amp;c. of life and member,</HI> that is, until the letting out of the la&s;t drop of our deare&s;t blood. 5. Where, and in what places ought the&s;e things to be done? In all places what&s;oever; for, <HI>You &s;hall neither know nor hear of any ill or damage &amp;c. that you &s;hall not defend &amp;c.</HI> So as Natural Ligeance is not circum&s;cribed within any place.</P>
<P N="7">7. Subjection, as well as Regality, being by the Law of Nature; <HI>Quae</HI> <NOTE PLACE="marg">The con&s;e|quent upon Subjects en|deavoring to di&s;&s;olve their &s;ubjection.</NOTE> <HI>Deus conjunxit, nemo &s;eparet.</HI> And let no man or men ever think to mend what God hath made: For be&s;ides the innocent blood which will be &s;hed, be&s;ides the rapine, plunder, &s;acrilegious profaning of all &s;acred things in the mending, if God in his judgments doth permit &s;editious men to pro&s;per in their wickedne&s;s, &s;o as they &s;uppo&s;e they have attained their Ends; yet their Ends never end in peace among them&s;elves: For, ab&s;tracting from the general fear common to them all, of the right Heirs recovering his right; it cannot be expected that all Competitors will be plea&s;ed; &s;ome will think others too great, none will think them&s;elves great enough; They them|&s;elves have made a pre&s;ident to evade all &s;ubjection and obedience to Laws and Government, by pretending Liberty and Reformation: So that after &s;o much blood&s;hed, what can be expected but the &s;hedding of more, with|out ever hoping to have an end? Well therefore &s;ays Sir <HI>Edward Coke:</HI> <NOTE PLACE="marg"><HI>In&s;t.</HI> 3. <HI>p.</HI> 36.</NOTE> <Q>Peru&s;e over all our Books, Records and Hi&s;tories, and you &s;hall find a principle in Law, a rule in Rea&s;on, and a trial in Experience, That Trea&s;on does ever produce fatal and final de&s;truction to the Offender, and never attaineth to the de&s;ired end, (two incidents in&s;eparable thereunto:) And therefore let all men abandon it, as the mo&s;t poi&s;onous bait of the Devil of Hell; and follow the precept of holy Scripture, <HI>Fear God, honor the King, and meddle not with the &s;editious.</HI></Q></P>
<P>But it may be objected, That though Subjects Allegiance be natural, <MILESTONE N="1" UNIT="Object."> or due by the Law of Nature; yet &s;ince there cannot be any vi&s;ible power under Heaven, which can judge between an U&s;urper and rightful Prince, what rule have Subjects to direct them to whom they owe their &s;ubjection or obedience?</P>
<P><LABEL>Sol.</LABEL> It is true, there is no vi&s;ible Power under Heaven which can judge be|tween an U&s;urper and rightful Prince, but the Con&s;ciences of men: Yet being natural, a man may as well ask how a man &s;hall know whether every Being be of le&s;s excellency then the Cau&s;e of its being? or that things equal to a third, are equal to one another? I am confident that (where the con|fu&s;ion was not made by Popular rage and u&s;urpation) &s;ince the begin|ing of the world, God did &s;carce ever leave men &s;o de&s;titute, but they were morally certain to whom they did owe their Topical and Natural obedience.</P>
<P>But if Regal power be the Ordinance of God, and Primogeniture be <MILESTONE N="2" UNIT="Object."> preferred by the Law of Nature; then can there be but one rightful King in all the world, and he the fir&s;t-born from <HI>Adam;</HI> which no man can believe.</P>
<P><LABEL>An&s;w.</LABEL> I an&s;wer, That though Primogeniture be preferred by the Law of Nature, and immutable by the will of Man; yet is not God &s;ubject there|unto, but before the Flood, he rejected <HI>Cain,</HI> though the fir&s;t-born of <HI>Adam,</HI>
<PB N="96" REF="112"> and made him a Vagabond, and none of the Patriarchs. So in the fir&s;t age after the Flood, God &s;ubjected <HI>Canaan,</HI> although the &s;on of <HI>Ham, Japhets</HI> elder brother, to <HI>Japhet:</HI> And &s;o did God prefer <HI>Jacob</HI> before <HI>E&s;au,</HI> and <NOTE PLACE="marg">Gen. 9. 27.</NOTE> <HI>Ephraim</HI> before <HI>Mana&s;&s;es,</HI> and <HI>Solomon</HI> before <HI>Adonijah:</HI> Yet where and when God did not reveal him&s;elf to Man otherwi&s;e, was ever Primo|geniture preferred. Nor can it in rea&s;on be expected, that God &s;hould be &s;o cruel a Taskma&s;ter to require &s;ubjection upon penalty of Damnation, if it were not evident to whom this &s;ubjection were due. It is &s;ufficient that Subjects pay their obedience to him, again&s;t who&s;e title no ju&s;t or &s;uperior title can be taken. Yet is not this &s;ubjection always to be under&s;tood of active &s;ubjection; For no man is bound (Government being intended for mans pre&s;ervation, not de&s;truction) actually, &s;o to &s;ubmit to rightful Governors, that he be morally certain of de&s;truction therefore: Yet ought every man rather to &s;uffer death, then actually to renounce or re&s;i&s;t rightful Governors, to whom by the Law of Nature they owe obedience.</P>
<P N="8"><MILESTONE UNIT="Quaere."> 8. But &s;uppo&s;e there be &s;uch a &s;ucce&s;&s;ion from an U&s;urper, that not only the Heir to the U&s;urper, but all men in his Government were born Subjects to him and his Ance&s;tors from whom he is de&s;cended; as in the time of <HI>Henry</HI> 6. when all men were born either in &s;ubjection to him, his Father or Grandfather, (who had no colour or title to the Crown) whether in &s;uch ca&s;e may Subjects &s;o born a&s;&s;i&s;t &s;uch a Prince again&s;t the right Heir? I &s;ay, I pray God avert the like from ever being again in the Engli&s;h Nation! 'Tis true, the right Heir hath a ju&s;t title of war again&s;t &s;uch a Prince: but whether Subjects &s;o born (their being &s;o born, being no act of their will, but was cau&s;ed by a higher cau&s;e, <HI>viz.</HI> the will of God) may actually a&s;&s;i&s;t him to whom they were &s;o born in &s;ubjection, again&s;t him who hath the &s;uperior title, I leave to God and mens con&s;ciences.</P>
<P N="9">9. But this <HI>Quaere</HI> can only have reference to Subjects who are born <NOTE PLACE="marg">Diver&s;ity.</NOTE> in Hereditary Monarchies; for in Ari&s;tocracies and Democracies there neither is, or ever was any original right or power in them, but their Con|ventions do nece&s;&s;arily depend upon an antecedent act of them, or the major part of them, to meet at a certain time and place. Where therefore &s;uch A&s;&s;emblies are di&s;&s;olved <HI>&s;ine die,</HI> they are totally di&s;&s;olved, however this di&s;&s;olution happens; nor does any man owe them obedience any longer, but his or their title who next po&s;&s;e&s;&s;eth, is good enough again&s;t them and all others who cannot make a &s;uperior or more ju&s;t claim. Nor can this have any reference to men born in Elective Monarchies; for, the Election depending upon the wills of men, <HI>viz.</HI> the Electors, (who originally had no right of Election) any Po&s;&s;e&s;&s;ion brought in again&s;t &s;uch Election by the will of man, is title equivalent to it; nor do Subjects in con&s;cience owe obedience but to him who is po&s;&s;e&s;t, or can make a &s;uperior claim by a true de&s;cent from him again&s;t whom no ju&s;t title can be taken.</P>
<P N="10">10. <HI>Bodin</HI> in his Republique makes a <HI>Quaere,</HI> Whether it were better <NOTE PLACE="marg">Wherein con|&s;i&s;ts the liber|ty of the Subject.</NOTE> for Subjects ro be governed by few Laws, with a re&s;ervation in the brea&s;t of the Judge, or &s;ome &s;pecial Court, to redre&s;s extraordinary abu&s;es, which cannot be comprehended in the Laws; or &s;o to multiply Laws, that no man &s;hould be puni&s;hed, where he could evade the Laws? And determines for the former; and the rea&s;on he gives, is, That Laws, be they never &s;o many, are finite, but mens actions are infinite; and therefore though never &s;o many Laws be made, yet may men find eva&s;ions out of them to abu&s;e and
<PB N="97" REF="112"> wrong other men, whereby this multiplicity of Laws will rather en&s;nare other men, than avoid the end for which they were intended. It is a folly much incident to <HI>Engli&s;hmen,</HI> that they place not only Freedom in &s;erving many Ma&s;ters, but Liberty in many Laws. Let any man take a &s;urvey of the Statute-Laws and Ordinances made &s;ince <HI>Henry</HI> the Eighth his di&s;&s;o|lution of Mona&s;teries, to this year 1660. and &s;ee if they be not four times more than all the Acts made before, only to the liberty of the Lawyers Fees, for the en&s;naring of the Subjects; it being no doubt the greate&s;t liberty of the Subject to be governed by few Laws, and the&s;e the &s;ame in all places, if it were po&s;&s;ible.</P>
<P N="11">11. The power of Parents being from the law of nature, Childrens <NOTE PLACE="marg">Of &s;ubjection of children to parents.</NOTE> &s;ubjection to them is due from the law of nature. <HI>Solon</HI> having written the Athenian laws, being asked why he did decree no puni&s;hment upon him who &s;hould kill his Parent, an&s;wered, There was no man &s;o dete&s;table as to think to do &s;uch an act. He therefore did wi&s;ely not to make any law again&s;t that which was never heard of, le&s;t by doing &s;o, he &s;hould not &s;o much forbid, as admoni&s;h Children to it. And what a cur&s;e did <HI>Canaan</HI> con|tract upon him&s;elf, for but di&s;covering his Fathers nakedne&s;s? <HI>Gen.</HI> 9. 25. And no que&s;tion, Gods ble&s;&s;ings and cur&s;ings are never more efficaciou&s;ly pronounced, than out of the mouths of Parents; And, <HI>To honor thy father and mother,</HI> is the fir&s;t Precept to which there is a promi&s;e of reward an|nexed, <HI>viz. That thy days may be long in the land, &amp;c.</HI></P>
<P N="12">12. Although the power of Ma&s;ters over their Servants be created by <NOTE PLACE="marg">Of &s;ervants to their ma&s;ters.</NOTE> po&s;itive humane laws; and therefore &s;ubjection of Servants to their Ma&s;ters, is cau&s;ed by humane laws: Yet does not this exclude the obedience and &s;ubjection which is due from Servants to their Ma&s;ters by the law of nature, and Divine po&s;itive laws; but Divine laws do include the &s;ubjection due from Servants to their Ma&s;ters, <HI>in the&s;i</HI> or general, and the laws of every Country, <HI>ex hypothe&s;i</HI> or particular: As, <HI>Thou &s;halt not &s;teal,</HI> is from the law of Nature; but that the doing of &s;uch a thing is Theft, depends upon the particular laws or u&s;ages of every Nation. And no que&s;tion but Servants generally, when the Apo&s;tles wrote, were no other than Slaves, over whom their Ma&s;ters had not only ab&s;olute dominion of what&s;oever was theirs, but al&s;o power of life and death, and that by no con&s;ent or &s;ubmi&s;&s;ion of theirs. And if &s;uch Servants ought to <HI>count their Ma&s;ters worthy of all honor,</HI> how <NOTE PLACE="marg">1 Tim. 6. 1.</NOTE> much more ought Servants to thank God, and willingly to &s;erve and honor &s;uch Ma&s;ters, who not only command over them not again&s;t their con&s;ents, but al&s;o command &s;uch things as they may ea&s;ily perform?</P>
<P N="13">13. Although this &s;ubjection be la&s;t in expre&s;&s;ion, yet it is fir&s;t in <NOTE PLACE="marg">Of &s;ubjection to Eccle&s;ia&s;ti|cal powers.</NOTE> intention: For if this &s;ubjection or obedience had not been due, before any obedience to Temporal commands; how could the Primitive Chri&s;ti|ans have met in dens and caves, in daily Prayers, and Breaking of bread, whenas Temporal powers did not only not permit, but forbid it? Nor did God ever &s;hew &s;uch terrible vengeance upon any di&s;obedience and pre|&s;umption, as he did upon <HI>Corah, Dathan</HI> and <HI>Abiram, Num.</HI> 16. and their Competitors, although their pretences were very fair (for&s;ooth) <HI>That all the multitude were holy, every one among them, and the Lord was among them, and Mo&s;es and Aaron did lift up them&s;elves again&s;t the congregation of the Lord;</HI> They, though none of the tribe of <HI>Levi</HI> nor &s;eparated per&s;ons, could offer &s;acrifice and burn incen&s;e to the Lord, as well as <HI>Aaron</HI> or any
<PB N="98" REF="113"> Prie&s;t. And no doubt but &s;piritual crimes are in their kind much wor&s;e and di&s;plea&s;ing to God, than carnal, what&s;oever offenders do pretend: And let us &s;ee what manner of men the&s;e pretended Reformers are which teach otherwi&s;e, and con&s;ent not to the whol&s;om words, even to the words of our Lord Je&s;us Chri&s;t, and to the doctrine which is according to godline&s;s; <HI>They are proud, knowing nothing, but doting about que&s;tions and &s;trife of words,</HI> <NOTE PLACE="marg">1 Tim. 6. 3, 4, 5.</NOTE> <HI>from whence cometh envy, &s;trife, railings, evil &s;urmi&s;ings, perver&s;e di&s;putings of men of corrupt minds and de&s;titute of the truth, &s;uppo&s;ing that gain is godline&s;s, from &s;uch withdraw thy &s;elf: O my &s;oul, enter not into their &s;ecrets.</HI></P>
<P N="14">14. In all Humane Society, or Society which is created by the law of <NOTE PLACE="marg">Diver&s;ity.</NOTE> Nature, <HI>viz.</HI> of Supreme Powers and Subjects, of Husband and Wife, of Parents and Children, the relations are indi&s;&s;olvible only by God, in tho&s;e individual per&s;ons in whom the offices are; nor can they be aliened, tran&s;|ferred either by any act of them&s;elves or any power el&s;e. All Society created by Humane laws, or Legal Society, is alienable not only by the act of God, and by the Laws which created it; for, <HI>Unumquodque di&s;&s;olvi potest eo ligamine quo ligatum e&s;t:</HI> But al&s;o by the act of the Ma&s;ter and Servant; for, <HI>Omnis con&s;en&s;us tollit errorem.</HI> Chri&s;tian Society does differ from either Humane or Legal; for though the cau&s;e of Chri&s;tian power be by Divine po&s;itive in&s;titution, and therefore incommunicable or alienable; yet after it plea&s;ed God that Kings &s;hould be nur&s;ing fathers, and Queens nur&s;ing mothers to his Church, the exerci&s;e, endowment, priviledges and immu|nities of Chri&s;tian power is of po&s;itive humane in&s;titution. The obedience therefore or &s;ubjection due to them who have over&s;ight over us in the Lord, is not formally due to &s;uch Bi&s;hops and Prie&s;ts who have once had the over&s;ight over us, but to &s;uch Bi&s;hops and Prie&s;ts who are legally con|&s;tituted to exerci&s;e the juri&s;diction or function in &s;uch Dioce&s;es or Pari&s;hes where they are &s;o con&s;tituted; which exerci&s;e is alienable or transferrible, though not at the will of the Incumbent, yet at the will of Supreme powers, and legally at the will of the Donor.</P>
</DIV3>
<DIV3 N="2" TYPE="chapter">
<HEAD>CHAP. II. Of Inheritance and Succe&s;sion.</HEAD>
<P N="1">1. NO humane law, can create a humane right; <HI>Jura &s;anguinis nullo jure</HI> <NOTE PLACE="marg">No Humane law can make a Royal heir.</NOTE> <HI>civili dirimi po&s;sint:</HI> Nor is this right of &s;ucce&s;&s;ion from Divine po&s;itive laws, but ob&s;erved as well where Gods revelation of him|&s;elf is not received, as where it is. And if according to the re&s;olution of all the mo&s;t learned and reverend Judges in <HI>Calvin's</HI> Ca&s;e, &s;ubjection is from no humane law, but from the law of nature, Then of nece&s;&s;ity mu&s;t Regal right and inheritance be from the law of nature; for no man &s;uppo&s;eth &s;ubjection, where he does not pre&s;uppo&s;e power. The Will therefore of <HI>Henry</HI> the Eight, where for want of i&s;&s;ue of <HI>Edward, Mary</HI> and <HI>Elizabeth,</HI> he gives the Engli&s;h Monarchy to the i&s;&s;ue of <HI>Frances</HI> and <HI>Elianor,</HI> daughters of <HI>Mary</HI> his younger &s;i&s;ter, before the right heirs of <HI>Margaret</HI> his elde&s;t &s;i&s;ter wife of <HI>James</HI> the Fourth of <HI>Scotland,</HI> was void and not to be allowed; and &s;o was that of <HI>Edward</HI> the Sixth, who did di&s;inherit his &s;i&s;ters <HI>Mary</HI> and
<PB N="99" REF="113"> <HI>Elizabeth,</HI> and gave the Crown to <HI>Jane</HI> daughter of <HI>Frances</HI> the French Queen afore&s;aid by <HI>Charles Brandon</HI> Duke of <HI>Suffolk;</HI> and &s;o were the Acts of Parliament made by <HI>H.</HI> 4. 5. and 6. which entailed the Crown upon their Heirs; &s;o was the Acts of the la&s;t of <HI>Henry</HI> the 6. which entailed the Crown upon him, and the heirs males of his body, and &s;o were the Acts of the fir&s;t of <HI>Rich.</HI> 3. and <HI>H.</HI> 7. which entailed the Crown upon them and their heirs. Neither is &s;ucce&s;&s;ion and inheritance of Crowns declared by any hu|mane Law in the world that I know of, but only the pretended French <HI>Salique</HI> Law, which we &s;hall examine afterwards.</P>
<P N="2">2. None but God can make an Heire to a Crown; <HI>&s;olus Deus haeredem</HI> <NOTE PLACE="marg">None but God can make an Heire to a Crown.</NOTE> <HI>facere pote&s;t, non homo. Co. Lit. Sect.</HI> 7. And this Heire which Sir <HI>E. Co.</HI> here &s;peaks of, is but heire in fee to Lands or Tenements, according to common Law or Cu&s;tom; if then only God can make &s;uch an Heire, then &s;ure none but God can make an Heire, which makes humane Laws, and permits Cu&s;tomes.</P>
<P N="3">3. It is not only humane Laws, which &s;ay a ba&s;tard is <HI>filius terrae, &amp;</HI> <NOTE PLACE="marg">None can in|herit, not born in Ma|trimony. <HI>Gen.</HI> 22. 2.</NOTE> <HI>qua&s;i nullius filius: Et qui ex damnato coitu na&s;cuntur, inter liberos non compu|tentur:</HI> but God calls <HI>I&s;aac Abrahams</HI> only Son, although at the &s;ame time <HI>Abraham</HI> had his Son <HI>I&s;mael</HI> by <HI>Hagar,</HI> his Handmaid or Concubine. <HI>And</HI> Abraham <HI>gave all he had to</HI> I&s;aac, <HI>but to the Sonns of the Concubins which</HI> Abraham <HI>had, he gave gifts. Gen.</HI> 25. 5, 6. So though <HI>I&s;mael</HI> were <HI>I&s;aacs</HI> el|der brother, yet in compari&s;on of <HI>I&s;aac</HI> born in wedlock, God him&s;elf did not account him <HI>Abrahams</HI> Son. Nor can one in&s;tance be given, that ever by Gods either command or permi&s;&s;ion, any born out of marriage did inhe|rit. By the Law therefore of God, aswell as humane Law, none can in|herit which are born out of matrimony.</P>
<P N="4">4. That which no humane Law pre&s;cribes, and yet is ob&s;erved by all <NOTE PLACE="marg">The I&s;&s;ue male &s;hall in|herit before the I&s;&s;ue fe|male in Roy|alty.</NOTE> men generally in all ages, is from the Law of Nature; But no humane Law pre&s;cribes the male to inherit before the female in regality, yet it is ob&s;er|ved by all men generally; therefore that the i&s;&s;ue male &s;hall inherit before the female in regality, is from the Law of Nature.</P>
<P N="5">5. If primogeniture had not been a &s;acred thing, and inheritance an|nexed <NOTE PLACE="marg">Of the I&s;&s;ue male, the fir&s;t born is to be preferred.</NOTE> to it by the Law of Nature, then could not <HI>E&s;au</HI> have been pro|nounced a prophane per&s;on for &s;elling his birthright, <HI>Heb.</HI> 12. 16. although he did it to &s;ave his life, <HI>Gen.</HI> 25. 34. but being due by the Law of Nature, I &s;ay, <HI>E&s;au</HI> by his &s;ale could not transfer it to <HI>Jacob;</HI> yet becau&s;e <HI>E&s;au</HI> did de&s;pi&s;e it. <HI>Gen.</HI> 25. 34. it was ju&s;t with God to transfer it to <HI>Jacob;</HI> neither can it be &s;hewed any where in &s;acred writ, but that alwaies primogeniture in royal de&s;cent, was a good title where God did not interpo&s;e.</P>
<P N="6">6. Only the King can inherit and &s;ucceed, becau&s;e his Royal capacity is <NOTE PLACE="marg">Why only the King is &s;aid to inherit and &s;ucceed, and Subjects do either inhe|rit or &s;ucceed, but never both.</NOTE> affixed and in&s;eparable with his per&s;on. In the Oath therefore of Ligeance, Subjects &s;wear to beare faith to the King, his Heirs and Succe&s;&s;ors; but no Subject can both inherit and &s;ucceed, becau&s;e there is no &s;ucce&s;&s;ion can be affixed to the per&s;on of any Subject, by vertue of inheritance. All Cor|porations therefore do not de&s;cend by inheritance, but are acquired, as they are nominated or elected in &s;uch manner as is granted by the King or &s;upream power.</P>
<P N="7">7. There are but two waies by which hereditary or &s;ucce&s;&s;ive Monar|chies <NOTE PLACE="marg">How many waies heredi|tary Monar|chies de&s;cend.</NOTE> do de&s;cend; the one is Lineal de&s;cent, the other Lineal, Agnatical, Cognatical or Collateral; or as we &s;ay, the one de&s;cends to the heire general,
<PB N="100" REF="114"> the other to the heire male. This latter by vertue of a Salique law takes place only in <HI>France;</HI> we will therefore &s;ee what may be &s;aid and objected again&s;t the former, and how the latter hath been ob&s;erved in <HI>France,</HI> and of what Authority it is.</P>
<P N="8">8. That cannot be again&s;t the Law of God, which he has owned and <NOTE PLACE="marg"><HI>Gynococratia</HI> or inheri|tance of Wo|men not un|natural, nor again&s;t the Law of God-</NOTE> given a ble&s;&s;ed pre&s;ident of; but that God has owned <HI>Gynaecocraty,</HI> and that in a great and miraculous delivery of his own people, is evident in <HI>Deborah;</HI> And that Women may inherit, when the daughters of <HI>Zelophehad</HI> made their plea for their inheritance, <HI>Numb,</HI> 27. They fir&s;t pleaded negatively, <HI>Our Father was not of the company of them that gathered them&s;elves again&s;t the Lord in the company of Corah</HI> (which is a plain argument that rebellious Subjects have no property again&s;t &s;upream powers, but forfeit their goods a&s;well as lives, for God &s;aies <HI>ver.</HI> 7. the daughters of <HI>Zelophehad</HI> &s;pake right;) <HI>why &s;hould the name of our father be done away from his family becau&s;e he has no Son?</HI> And God him&s;elf &s;aies, <HI>ver.</HI> 8, 9. 10. <HI>If a man dye and have no Son, then &s;hall the inheritance pa&s;s to the daughter, and if he have no daughter, then &s;hall the inheritance go to his brethren, and if he have no brethren, then ye &s;hall give the inheritance unto his fathers brethren, &amp;c.</HI> And that inheriting by the daughter when there is no Son, in <HI>Britain</HI> (con&s;onant to the Law of God) is as old as any record we can find; when <HI>Voadicea</HI> led the <HI>Britans</HI> again&s;t the <HI>Romans,</HI> it was alwaies a thing ob&s;erved among them. <HI>Neque enim &s;exum in imperiis di&s;cernunt: Tacit. Lip. in vita Agric.</HI> 457. <NOTE PLACE="marg">Wherein Re|gality differs in de&s;cent from E&s;tates by Civil Laws.</NOTE></P>
<P N="9">9. Although <HI>Gynaecocraty</HI> be neither again&s;t the divine Law of God or Nature; yet it is only to be under&s;tood, that in regality the female &s;hall in|herit when &s;he is the elde&s;t &s;i&s;ter, and lineally de&s;cended from the Ance&s;tor which has no Heir male of his body lawfully begotten. For in Regality <HI>po&s;&s;e&s;sio fratris non facit &s;ororem e&s;&s;e haeredem.</HI> But if a King or Queen by inhe|ritance have i&s;&s;ue by &s;everal venters or extractions, and by the latter a Son who does inherit, who dyes without i&s;&s;ue; yet &s;hall the Heir male de|&s;cended from the Father, although but of half blood to him, inherit before his &s;i&s;ter; and the elder &s;i&s;ter de&s;cended from the Father, &s;hall inherit before his &s;i&s;ter although &s;he be of whole blood to him, from the rea&s;on afore&s;aid, and therefore Queen <HI>Mary</HI> and <HI>Eliz.</HI> although but of half blood to <HI>Ed.</HI> the 6. did inherit before the Queen of <HI>Scots,</HI> or the i&s;&s;ue of the Queen Dowager of <HI>France</HI> by the Duke of <HI>Suffolk, Charles Brandon,</HI> although they were of whole blood to him; and thus much does Sir <HI>Ed. Coke</HI> te&s;tifie. <NOTE PLACE="marg"><HI>Com. Lit. cap.</HI> 1. <HI>Sect.</HI> 8. <HI>p.</HI> 15.</NOTE></P>
<P N="10">10 Before we examine the authority and ob&s;ervance of the <HI>Salique</HI> Law, <NOTE PLACE="marg">Fir&s;t Charge.</NOTE> let us &s;ee the heinous charge which Mon&s;ieur <HI>Bodin</HI> brings again&s;t <HI>Gynaecocatry,</HI> <NOTE PLACE="marg"><HI>Bodins</HI> charge and incom|modities a|gain&s;t <HI>Gynae|cocatry.</HI></NOTE> <HI>cap.</HI> 5. <HI>lib.</HI> 6. <HI>pag.</HI> 738. <HI>de rep.</HI> He &s;ays, <HI>Gynaecocraty is inimicitious to the laws of Nature, which gives prudence, &s;trength, magnanimity of mind, force to command, to Men, takes them away from Women.</HI></P>
<P><LABEL>An&s;w.</LABEL> A fine general charge, this! If I can form an argument out of it, this is it. All Government wherein prudence, &s;trength, magnanimity &amp;c. do not command, is inimicitious to the Laws of Nature: But in Gynaecocraty neither prudence &amp;c. do command; Therefore Gynaecocraty is inimicitious to the Laws of Nature. Now the Major propo&s;ition requiring &s;trength, prudence, and magnanimity in command, the Conclu&s;ion will be as &s;trong again&s;t all Government, as Gynaecocraty; for he hath not defined what &s;trength, prudence &amp;c. is, nor who &s;hall be Judge what it is; and &s;o any man who will but deny that there is &s;trength, prudence, &amp;c. in the Gover|nor,
<PB N="101" REF="114"> may by the Laws of Nature not obey, nay it is again&s;t the Laws of Nature to obey. But in what ca&s;e are all Pupil Kings? Sure the man in|tended to make good <HI>Pepins</HI> and <HI>Hugh Capets</HI> Titles from this Propo&s;ition, again&s;t <HI>Childerick</HI> and <HI>Charls</HI> of <HI>Lorrain.</HI> But that which is mo&s;t mon&s;trous and impious, is, that it is inimicitious to the Laws of Nature for any Child to obey and honor his Mother, becau&s;e &s;he hath not prudence, magnanimity, and force of command.</P>
<P><HI>The Law of God not only took from Women the Government of Common|wealths,</HI> <NOTE PLACE="marg">Second charge.</NOTE> <HI>but al&s;o of Families, whenas he de&s;ervedly &s;ubjected them to the com|mand of their Husbands.</HI> The argument out of this is: Whom God hath &s;ubjected to the command of their Husbands, cannot by the Law of God command in Families: But God hath &s;ubjected Women to the com|mand of their Husbands; Therefore by the Law of God Women cannot command in Families.</P>
<P><LABEL>An&s;w.</LABEL> Yes, &s;uch Women as never were married nor &s;ubject to their Husbands, may, granting the Major propo&s;ition. But I deny the Major propo&s;ition; for &s;ure it is no where again&s;t the Law of God, for a Widow to govern her Family.</P>
<P><HI>As often as God te&s;tifies that he will take terrible vengeance again&s;t the ene|mies</HI> <NOTE PLACE="marg">Third charge.</NOTE> <HI>of his Name, he threatens them to be &s;ubject to commands and laws of Women;</HI> (for this he cites <HI>I&s;a.</HI> 8. although I cannot find any &s;uch thing there) <HI>as if that were the utmo&s;t of evils, and extremity of calamities.</HI></P>
<P><LABEL>An&s;w.</LABEL> That this is fal&s;e, is evident by Gods miraculous delivery of the chil|dren of I&s;rael by the leading and command of <HI>Deborah.</HI> Be&s;ides, how can God command Women to command and give Laws, if it be again&s;t the Law of Nature? Which is all one to &s;ay, God does command again&s;t the Law of Nature, that is, his own Law.</P>
<P><HI>The Roman Laws did &s;eclude Women from all Civil offices, and Publique</HI> <NOTE PLACE="marg">Fourth charge.</NOTE> <HI>employments.</HI></P>
<P><LABEL>An&s;w.</LABEL> But though the <HI>Roman</HI> Laws did forbid it, yet if the Laws of <HI>France</HI> did not allow it, how came <HI>Blanch</HI> the wife of <HI>Lewis</HI> the Eighth, <HI>Katherine de Medici</HI> wife of <HI>Henry</HI> the Second, and <HI>Mary de Medici</HI> wife of <HI>Henry</HI> the Fourth, and <HI>Anne</HI> the Mother of the pre&s;ent King, to manage the Regencie of <HI>France,</HI> as imperiou&s;ly during the minority of their Sons, as if they had been ab&s;olute Princes?</P>
<P><HI>That in Gynarchy the Wife is not &s;ubject, but &s;uperior to her Husband.</HI> <NOTE PLACE="marg">Fifth charge.</NOTE></P>
<P><LABEL>An&s;w.</LABEL> So heavy bodies will, again&s;t their nature, a&s;cend to &s;upply a Vacuity.</P>
<P><LABEL>An&s;w.</LABEL> His &s;ixth charge is an Invective again&s;t <HI>Va&s;ti, Joan</HI> of <HI>Naples,</HI> called the <NOTE PLACE="marg">Sixth charge.</NOTE> Wolf, <HI>Athaliah, Cleopatra, Zenobia, Hirene,</HI> (As indeed, telling of &s;tories is u&s;ually the greate&s;t part of his rea&s;oning; and that he will do &s;o amply, that <HI>Scaliger</HI> ju&s;tly reprehends him with making, not writing Hi&s;tories.) Now if I &s;hould fall into the commendation of <HI>Ruth, He&s;ter, Judith, Debo|rah, &amp;c.</HI> I am quit with him. It is true indeed, that 'tis a great ble&s;&s;ing to any Nation, that God gives them a Ma&s;culine Heir, endued with all tho&s;e qualities he &s;peaks of: But when God doth give a Child, (which he pro|nounceth a woe to that Nation, <HI>Eccle&s;.</HI> 10. 16.) or a Female, Subjects mu&s;t be content, and &s;ubmit them&s;elves to Gods plea&s;ure: For in going about to alter what God hath done, they will make them&s;elves in a much more woful condition; Nor could that be a judgment of God upon a Nation, to give
<PB N="102" REF="115"> Fools, and Children, or Women for Heirs, if Subjects at plea&s;ure might alter them and &s;et up others in their &s;tead.</P>
<P N="11">11. The <HI>Salique</HI> Law took its name either from the Country <HI>Salia,</HI> <NOTE PLACE="marg">The etymo|logie of the <HI>Salique</HI> Law.</NOTE> or the River <HI>Sal,</HI> or from contraction of <HI>Si aliqua,</HI> &s;o often mentioned in the Law.</P>
<P N="12">12. There are three things ob&s;ervable in the <HI>Salique</HI> Law; the autho|rity <NOTE PLACE="marg">A &s;hort view of the autho|rity and ob|&s;ervance of the <HI>Salique</HI> Law.</NOTE> of it, the eternity of it, and the rea&s;on of it. For the authority of it, it was made by the Lord knows whom; for the eternity of it, it &s;hall end the Lord knows when; and for the rea&s;on, <HI>De terra vero Salica nulla portio haereditalis mulieri veniat, &s;ed ad virilem &s;exum, tota terrae haereditas per|veniat. Bodin. de rep. p.</HI> 745.</P>
<P N="13">13. For the authority of it, the learned do not agree by whom it was <NOTE PLACE="marg">The authority of it by <HI>D'-Avila.</HI></NOTE> made, nor whether any French King ever made any &s;uch, or not. <HI>D'avila</HI> in the beginning of the fir&s;t book of the Civil wars in <HI>France,</HI> recites the mo&s;t probable conjecture, which is, That the <HI>French</HI> when they left their habitation to &s;eek fre&s;h quarters, &s;ate down at the river <HI>Sala,</HI> (which di|vides <HI>Mi&s;nia</HI> We&s;tward from <HI>Turingia)</HI> and there for&s;ooth did agree to choo&s;e them&s;elves a King, and did make Con&s;titutions which &s;hould be fundamental and unalterable ever after; and tho&s;e Con&s;titutions being made at the river <HI>Sala,</HI> are called <HI>Salique</HI> Laws.</P>
<P N="14">14. There is no &s;tory of <HI>Guy of Warwick, Amadis de Gaule,</HI> or the <HI>Dun</HI> <NOTE PLACE="marg">How proba|ble.</NOTE> <HI>Cows rib,</HI> but is of as much authority and probability as this. For, can it be imagined that a company of Rogues and Thieves, going to rob and thieve at <HI>Gads-hill,</HI> &s;hould agree at <HI>Greenwich</HI> to make unalterable Laws for their government and &s;ucce&s;&s;ion, before they were po&s;&s;e&s;&s;ed of any thing? and what they make their Laws of, is nothing but what they &s;hall rob and cheat other men of.</P>
<P N="15">15. But <HI>Bodin</HI> will not undertake to tell by whom, or when it was made, <NOTE PLACE="marg"><HI>Bodin's</HI> opini|on.</NOTE> (it is &s;trange you will &s;ay, that making up his di&s;cour&s;e almo&s;t of Hi&s;tories, he hath nothing to &s;ay for this) he only &s;aies it is not new as many men think, but engraven in the mo&s;t ancient tables of the <HI>Salians,</HI> in the&s;e words, <HI>De terra vero &s;alica &amp;c. ut &s;upra:</HI> So <HI>Bodin</HI> names neither by whom, nor when, <NOTE PLACE="marg"><HI>Para.</HI> 12.</NOTE> this <HI>Salique</HI> Law was made. Did ever man infer &s;o fondly, that becau&s;e the <HI>Salian</HI> women did not inherit, therefore the <HI>French</HI> Crown cannot de|&s;cend to women? But mark now if this be a con&s;equence: The women of the Land of <HI>Salia</HI> do not inherit, and therefore no female can inherit the <HI>French</HI> Monarchy: then if the men of the Land of <HI>Salia,</HI> will alter this con&s;titution, the de&s;cent of the <HI>French</HI> Monarchy is altered by an Act of the men of <HI>Salia;</HI> for, <HI>Ce&s;&s;ante ratione legis, ce&s;&s;at lex;</HI> and <HI>&s;ublata cau&s;a, tollitur effectus.</HI> In their conte&s;t with the Popes, the Kings of <HI>France</HI> &s;ay, they hold their Crown of God; whereas if <HI>Bodin</HI> &s;ays true, they hold it by a Law written in the Tables of the <HI>Salians.</HI> I can &s;ay no more for the authority of this Law, unle&s;s I &s;hould repeat the &s;ame things again, out of <HI>De Serres</HI> and other learned French Hi&s;torians.</P>
<P N="16">16. <HI>This Law cannot be altered by the King and E&s;tates general.</HI> <NOTE PLACE="marg">The eternity of it.</NOTE> I had thought that only the Laws of Nature had been unalterable. It is a rule, that <HI>Unumquodque di&s;&s;olvi pote&s;t eo ligamine quo ligatum e&s;t:</HI> And if this <HI>Salique</HI> Law be a con&s;titution of Man, by that power which made it a con|&s;titution, by that power it may be altered.</P>
<P N="17">17. <HI>De terra vero Salica nulla portio haereditatis mulieri veniat, &s;ed ad virilem</HI> <NOTE PLACE="marg">The rea&s;on of it.</NOTE>
<PB N="103" REF="115"> <HI>&s;exum tota terrae hereditas perveniat:</HI> Now let any man that is in his wits, or under&s;tands any thing of the nature of a Law, judge whether there be any &s;hadow of rea&s;on in this; For, <HI>a Law is the rule or direction of him who does govern, to be ob&s;erved by them who are governed.</HI> How then can the Crown of <HI>France</HI> de&s;cend according to the cu&s;toms of the <HI>Salians,</HI> if the <HI>French</HI> Crown be not &s;ubject to the men of <HI>Salia,</HI> and they had given the King and his &s;ucce&s;&s;ors this unalterable Law of not de&s;cending to the female? but where this country <HI>Salia</HI> &s;hould be, I could never find &s;o much as the name in any Geographer or Hi&s;torian, ancient or modern. Sure the <HI>Romans,</HI> &s;o curious in &s;earching and de&s;cribing of Countries would not have over&s;een it, e&s;pe|cially the Emperor <HI>Julian,</HI> warring &s;o long in tho&s;e parts of <HI>Germany,</HI> not above &s;ixty years before they &s;uppo&s;e <HI>Pharameund</HI> departs out of <HI>Salia,</HI> for to &s;eek better quarters in <HI>Gaule.</HI></P>
<P N="18">18. The two main parts of the <HI>Salique</HI> Law are, <HI>That the Crown &s;hall</HI> <NOTE PLACE="marg">The two main parts of the <HI>Salique</HI> Law.</NOTE> <HI>de&s;cend to the next heire male, and if the heire be ana infant, that the next Prince of the blood who is a Major, &s;hall during his minority be his Guardian, and Regent.</HI> Yet <HI>Bodin</HI> is fearful that the <HI>Salique</HI> Law was not bar enough again&s;t our <HI>Ed.</HI> the third (being never before heard of, &s;aies <HI>Hail<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">n)</HI> he &s;aies, <HI>pag.</HI> 745. Whenas the controver&s;ie concerning the Crown of <HI>France,</HI> was between <HI>Philip</HI> Earl of <HI>Valoys</HI> and <HI>Ed.</HI> the third King of <HI>England, Philip</HI> defended the <HI>Salique</HI> Law by the <HI>Voconian,</HI> which ordained by the con&s;ent of the Fathers and Princes, that in that controver&s;ie no man &s;hould u&s;e the authority of forrain Lawes, but every one &s;hould &s;tudy for his profit, the <HI>Salique</HI> Law. But when the que&s;tion was 1563, whether <HI>Charles</HI> the ninth were a Major at fourteen years of Age currant or compleat, the Parliament of <HI>Paris</HI> would have taken upon them to decide it, when <HI>Charles</HI> &s;ends them word, <HI>I do not mean that you &s;hould deale in any thing, but with the admini&s;tration of good and &s;peedie ju&s;tice to my &s;ubjects; under&s;tand hereafter that you are not confirmed in your offices by me to be my Tutors or Protectors of my Realm, nor Governors of my City of</HI> Paris, <HI>as hitherto you have per&s;waded your &s;elves.</HI> Be&s;ides, <HI>Charles</HI> the &s;eventh <HI>Anno</HI> 1420. was adjudged to bani&s;hment, and unworthy to &s;uc|ceed in any of the &s;ignories of <HI>France</HI> by all the Courts of the Parliament of <HI>Paris.</HI> And &s;o about 7 years &s;ince was the Prince of <HI>Condi;</HI> and &s;o was <HI>Henry</HI> the forth by all the three E&s;tates at the general a&s;&s;embly at <HI>Bloys, Anno.</HI> 1588. So that is is evident that this immutable Law, is not &s;o inviolably kept by the <HI>French</HI> them&s;elves, when it does not &s;erve their turn. How &s;hould the <HI>Voconion</HI> Law oblige again&s;t <HI>Ed.</HI> the third, and not the Acts of Parliament of <HI>Paris,</HI> and general A&s;&s;embly at <HI>Blois,</HI> oblige again&s;t <HI>Charles</HI> the &s;eventh, and <HI>Henry</HI> the fourth? for, <HI>ubi eadem e&s;t ratio, ibi idem e&s;t jus.</HI></P>
<P N="19">19. There cannot be a more imprudent act, then to make any one Ward <NOTE PLACE="marg">The impru|dence of the <HI>Salique</HI> Law.</NOTE> to him who is his next heire, e&s;pecially to a Crown, which frees any one from all attainders; what then can be more imprudent then this part of the <HI>Salique</HI> Law, which gives the pupil King into the hands of the next heire, who murthering him, makes way for him&s;elf to the King&s;hip? By our Coun|try Laws, no man could be Guardian to the per&s;on of a Ward, but the next of blood to whom the inheritance could not de&s;cend, But this part of the eternal Law has not of late been ob&s;erved by the <HI>French</HI> Nation, whereas the contrary hath been, in the regencie of the Queen mothers, <HI>Blanch,</HI> the mother of <HI>St. Lewis,</HI> of <HI>Francis</HI> the &s;econd, <HI>Charles</HI> the ninth, <HI>Lewis</HI> the thirteenth, and <HI>Lewis</HI> the fourteenth.</P>
<P N="20"><PB N="104" REF="116"> 20. Neither have the <HI>French</HI> better ob&s;erved the other part of the <NOTE PLACE="marg">It has been ill ob&s;erved by the <HI>French.</HI></NOTE> <HI>Salique</HI> Law, for the de&s;cending of the Crown to the heirs male; for, <HI>Pepin</HI> having put King <HI>Childerick</HI> into a Mona&s;tery, had not any colour of title, but as he was cho&s;en by the Parliament of <HI>Paris;</HI> &s;o that it &s;eems the Parliament of <HI>Paris</HI> may do what the King and general A&s;&s;embly cannot, and alter the mo&s;t fundamental con&s;titutions of <HI>France,</HI> which for&s;ooth at other times are immutable; and <HI>Hugh Capet</HI> to make his title good again&s;t <HI>Charles</HI> of <HI>Lorrain,</HI> the right Ma&s;culine heire of <HI>Pepin,</HI> did derive his pedigree from one of the daughters of <HI>Charlemain</HI> &s;on of <HI>Pepin;</HI> Nor could <HI>Lewis</HI> the ninth (a mo&s;t religious Prince) be re&s;olved in con&s;cience, till he was &s;a|tisfied, that by his Grandmothers &s;ide he was de&s;cended from the right heirs of <HI>Charles</HI> of <HI>Lorrain.</HI> But I wonder with what face the&s;e <HI>Frenchmen</HI> can urge the <HI>Salique</HI> Law again&s;t others, and yet practi&s;e the contrary them&s;elves; For <HI>Charles</HI> the eight having married <HI>Anne</HI> the Dutche&s;s of <HI>Brittain</HI> (and by that title po&s;&s;e&s;&s;ed the Dutchy) by whom he had <HI>Claude,</HI> married to <HI>Francis</HI> the fir&s;t, who had i&s;&s;ue <HI>Henry</HI> the &s;econd, who had i&s;&s;ue <HI>Francis</HI> the &s;econd, <HI>Charles</HI> the ninth, <HI>Henry</HI> the third and <HI>Hercules, Elizabeth</HI> married to <HI>Philip</HI> the &s;econd of <HI>Spain,</HI> and <HI>Margaret</HI> married to <HI>Henry</HI> the fourth. Now <HI>Francis, Charles, Henry</HI> and <HI>Hercules</HI> dying without i&s;&s;ue legitimate, I would know how again&s;t the <HI>Salique</HI> Law <HI>Charles</HI> and his po&s;terity &s;hould have a title to <HI>Britain,</HI> and yet King <HI>Philip</HI> and his po&s;terity be debarred of it by vertue of this pretended <HI>Salique</HI> Law.</P>
</DIV3>
<DIV3 N="3" TYPE="chapter">
<HEAD>CHAP. III. Of the Municipal Laws of <HI>England,</HI> before 1640.</HEAD>
<P N="1">1. TEmporal or Secular Laws are made to pre&s;erve men &s;o long as <NOTE PLACE="marg">Of Temporal Laws, and incidently of the Municipal Laws of this Nation.</NOTE> they live in this world, in unity and peace one with another; and the&s;e do not bind in con&s;cience only, but injoyn corporal and pecuniary mulcts for not ob&s;ervance, or tran&s;gre&s;&s;ing them. The Municipal Laws of this Kingdom are either the Common Law, which are general u&s;ages of that long continuance, that they have quite lo&s;t their prime in&s;titution. That they were not brought in by the Conqueror, is mo&s;t e|vident, <NOTE PLACE="marg">Common Law or Gene|rall u&s;age.</NOTE> for the Conqueror &s;wore to ob&s;erve the good approved and anti|ent Laws of this Kingdom; and that the Subjects might the better ob&s;erve <NOTE PLACE="marg"><HI>Proem</HI> 8. <HI>part of Sir</HI> Ed. Cokes <HI>Reports</HI></NOTE> their duty, and the Conquerors Oath, he cau&s;ed twelve the mo&s;t di&s;creet; and wi&s;e men in every &s;hire throughout all <HI>England</HI> to be &s;worn before him|&s;elf, that without &s;werving either <HI>ad dextram,</HI> or <HI>ad &s;ini&s;tram,</HI> they &s;hould de|clare the integrity of their Laws, without concealing, adding, or in any &s;ort varying from the truth; and <HI>Aldreb</HI> the Archbi&s;hop that crowned him, and <HI>Hugh</HI> the Bi&s;hop of <HI>London,</HI> by the Kings commandement wrote that which the Jurats had delivered, and the&s;e by Publick Proclamation he declared to be authentick, and under grievous puni&s;hment to be inviolably ob&s;erved.</P>
<P>And that 441 years before the incarnation of Chri&s;t, <HI>Mulumutius,</HI> of <NOTE PLACE="marg">Preface 3. report.</NOTE> &s;ome called <HI>Dunvallo</HI> M. of &s;ome <HI>Dovebant,</HI> did write two Books of the Laws of the <HI>Britans,</HI> the one called <HI>Statuta Municipalia,</HI> and the other <HI>Leges judici|ariae,</HI>
<PB N="105" REF="116"> which is as much as to &s;ay, the Statute-Law, and Common-Law. And 356 years before our Saviour, <HI>Mercia Proba</HI> Queen, and wife of King <HI>Gwintclin,</HI> wrote a book of the Laws of <HI>England</HI> in the Briti&s;h tongue, calling it <HI>Marchenleg.</HI> King <HI>Alfred,</HI> or King <HI>Alured,</HI> King of the We&s;t-Saxons, 871 years after Chri&s;t, wrote a book of the Laws of <HI>England,</HI> calling the &s;ame, <HI>Breviarum quoddam quod compo&s;uit ex diver&s;is legibus Tro|janorum, Graecorum, Britanorum, Saxonum, &amp; Danorum.</HI></P>
<P>In the year after our Saviour 653. <HI>Sigabert</HI> or <HI>Sigisbert, Orientalium Anglorum Rex,</HI> wrote a book, calling it, <HI>Legum in&s;tituta.</HI> King <HI>Edward</HI> of that name the third before the Conque&s;t, <HI>ex immen&s;a legum congerie, quas Britanni, Romani, Angli condiderunt, optima quaeque &s;elegit, ac in unam coegit quam vocari voluit Communem legem.</HI> But whether the&s;e latter were the Laws which are now u&s;ed in <HI>England,</HI> under correction may be que&s;tion made, becau&s;e the Authorities cited are from &s;uch ob&s;cure and uncertain Authors, that no great credit is to be given to them; nor are tho&s;e Books (except <HI>Alfreds</HI> and <HI>Edwards,</HI> which are ob&s;olete and out of u&s;e with us, and &s;o have been the&s;e 600 years) any where to be found, whereby it may ap|pear that they have any affinity with the Common-Law. But it does mo&s;t certainly appear out of mo&s;t authentical Records, that time out of mind, before the Conque&s;t, there had been Sheriffs, for the Writ of A&s;&s;i&s;e, and every other Original Writ, to whom they were directed, except to the Coroner in &s;pecial ca&s;es, who &s;tands in place of the Sheriff; and for Trials by the Oath of Twelve men; and that the Writs of A&s;&s;i&s;e and other Ori|ginal Writs were retornable into the Kings Courts, and that there had been a Court of Chancery for all Original Writs to i&s;&s;ue out and none other; and that tho&s;e Mannors that were in the hands of S. <HI>Edward</HI> the Confe&s;&s;or, are to this day called Ancient Deme&s;ne. All which does more copiou&s;ly and fully appear in this Proeme to the Third Part of the <HI>Reports.</HI> And that the Chancery, Kings Bench, Common Pleas, the Exchequer, be all the Kings Courts, and have been time out of memory of man, &s;o as no <NOTE PLACE="marg"><HI>Proem, Rep.</HI> 8.</NOTE> man knows which of them is antiente&s;t.</P>
<P>Afterward in the Proeme to the Ninth Part of his <HI>Reports,</HI> out of the <HI>Mirror of Ju&s;tices,</HI> which treats how the Land was governed almo&s;t twelve hundred years &s;ince, having &s;poken of the Courts of Parliament, Chan|cery, Kings Bench, Common Pleas, and the Exchequer, he de&s;cends to the <HI>Ju&s;ticiarii Itinerantes,</HI> or Ju&s;tices in Eire: <Q>The Kings do right to all men by their Ju&s;tices, Commi&s;&s;ioners itinerant, a&s;&s;igned to have Conu&s;ance <NOTE PLACE="marg">Ju&s;tices Itine|rant, <HI>&s;ec.</HI> 6.</NOTE> of all Pleas. In aid of &s;uch Eires, the Sheriffs Turns and View of Frankpledges are nece&s;&s;ary, &amp;c.</Q></P>
<P>Then he treateth of the Sheriffs Turn; <Q>That the Sheriffs, of antient <NOTE PLACE="marg">Sheriffs Turn, <HI>&s;ec.</HI> 7.</NOTE> Ordinance, do hold general A&s;&s;emblies twice a year in every Hundred, whither all the Freeholders within the Hundred are bound to come by the &s;ervice of their Feifs (or Fees) that is to &s;ay, once after Michaelmas, and another time after Ea&s;ter, &amp;c.</Q></P>
<P><Q>Leets or Courts of View of Frankpledge, are A&s;&s;emblies ordained <NOTE PLACE="marg">Leets or view of Frank|pledge, <HI>&s;ec.</HI> 8.</NOTE> once a year, not only of Freeholders, but of all in the Hundred, as well Denizens as others (except Archbi&s;hops, Bi&s;hops, Abbots, Priors, and all Religious people and Clerks, Earls, Barons, Knights, Married women, Per&s;ons dumb and deaf, di&s;ea&s;ed, Ba&s;tards and Lepers, and tho&s;e that are Deciners el&s;where) to enquire of the offences per&s;onal, and of all the
<PB N="106" REF="117"> circum&s;tances, of offences done in tho&s;e Hundreds, of the wrong done by the Kings or Queens mini&s;ters, and of the wrong done to the King and the Commonalty. But this ought not to be done by Bondmen or Women, but by the Oath of Twelve Freemen.</Q></P>
<P><Q>The <HI>County-Court:</HI> which the Sheriffs hold from moneth to moneth, <NOTE PLACE="marg">County-court <HI>&s;ec.</HI> 9.</NOTE> or from five weeks to five weeks, according to the greatne&s;s or largene&s;s of the County.</Q></P>
<P><Q>Of <HI>Court-Barons</HI> and <HI>Hundred Courts.</HI> <NOTE PLACE="marg">Court-Baron, &amp;c. <HI>&s;ec.</HI> 10.</NOTE></Q></P>
<P><Q>The other mean Courts, are the Courts of every Lord of the Fee, &amp;c. <NOTE PLACE="marg">Pipowders, <HI>&s;ec.</HI> 11.</NOTE> Courts of <HI>Pipowders.</HI> And that from day to day &s;peedy Ju&s;tice be done to Strangers in Fairs and Markets, as of Pipowders, according to the Law of Merchants.</Q></P>
<P><Q>Court of <HI>Admiralty.</HI> The King hath &s;overaign juri&s;diction upon <NOTE PLACE="marg">Admiralty, <HI>&s;ec.</HI> 12.</NOTE> the Sea.</Q></P>
<P><Q>Courts of the <HI>Forre&s;t.</HI> The Kings Mini&s;ters of his Forre&s;ts have <NOTE PLACE="marg">Courts-Fore&s;t <HI>&s;ee.</HI> 13.</NOTE> power by authority of their office to &s;wear men, without the Kings Writ, for &s;afeguard of the peace, and the Kings right, and the common good, &amp;c. He treats of the Profe&s;&s;ors of the Law, as Counters, who are Serjeants and Pleaders. Of Attornies, Of Mini&s;ters of Ju&s;tice, as Vi&s;counts, Coro|ners, E&s;cheators, Bailiffs of Hundreds, &amp;c. And al&s;o by the antient Kings, Coroners were ordained in every County, and Sheriffs to keep the Peace when the Earls were ab&s;ent from their charges, and Bailiff; in lieu of the Hundredors, &amp;c.</Q></P>
<P><Q>Of the Prerogatives of the King; as of Deodands, Alienation to Aliens, Teea&s;ure found, Wreck, Waif, E&s;tray, Chattels of Felons and Fugitives, Honors, Hundreds, Soakes, Gaoles, Forre&s;ts, chief Cities, chief Ports of the Sea, great Manors. The&s;e held the fir&s;t Kings as their right; and of the re&s;idue of the Land did enfeoff the Earls, Barons, Knights, Serjeants and others, to hold of the King by Services, provided and or|dained for defence of the Realm. It was ordained, that the Knights Fee &s;hould come to the elde&s;t by &s;ucce&s;&s;ion of heritage; and that Socage Fee &s;hould be partable between the Male-children, and that the Liege-Lords &s;hould have the Marriage.</Q></P>
<P>He treateth in the <HI>fir&s;t Chapter,</HI> of Crimes, and their divi&s;ions; of the crime of Maje&s;ty, of Fau&s;onnery, of Trea&s;on, of Burning, of Homi|cide, of Felony, of Burglary, of Rape, &amp;c. In the <HI>&s;econd,</HI> of Actions, of Judges, of Actors, &amp;c. In the <HI>third,</HI> of Exceptions dilatory and peremptory, that is, Pleas to the Writ, and in Bar, &amp;c. of Trial by Juries and by Battel, of Attaints, of Challenges, of Fines, &amp;c. In the <HI>fourth,</HI> of Judgments, and therein of Juri&s;diction, of Proce&s;s in criminal cau&s;es, and in Actions real, per&s;onal, and mixt. So as in this Mirror you may perfectly and truly di&s;|cern the whole Body of the Common Laws of <HI>England.</HI> Thus far Sir <HI>Edward Coke.</HI></P>
<P>Mr. <HI>Lambert,</HI> in his unfolding the difficult things and words in his tran&s;|lation of the <HI>Saxon</HI> Laws, &s;ays, King <HI>Alured</HI> when he had made a League with <HI>Guthrun</HI> the <HI>Dane,</HI> having followed the mo&s;t prudent coun&s;el given by <HI>Jethro</HI> to <HI>Mo&s;es,</HI> fir&s;t divided <HI>England in Satrapias, Centurias, &amp; Decurias.</HI> He called <HI>Satrapiam</HI> <GAP DESC="foreign">, a <GAP DESC="foreign">, which &s;ignifies to divide; He called <HI>Centuriam</HI> <GAP DESC="foreign">, and <HI>Decuriam</HI> <GAP DESC="foreign"> or <GAP DESC="foreign">, that is, a company of Ten men; and by tho&s;e names they are called to this day.
<PB N="107" REF="117"> And that no man might be ignorant, the <HI>Decuria</HI> did con&s;i&s;t of Ten men, whereof all of them were pledges that every one &s;hould be forth-coming to any Action in Law; and if any one did any damage, the other were bound to make it good; and from hence the other nine were called <GAP DESC="foreign">, that is, Free-pledges: we in the Pleas of Courts call them <HI>Francos plegios.</HI> The tenth man <GAP DESC="foreign"> called the <HI>Decurio</HI> or Tithingman, by which name he is mo&s;t known to the Ea&s;tern Engli&s;h, at this day: Others call him <GAP DESC="foreign">; others call him <GAP DESC="foreign">, that is, the fir&s;t or chief Surety or Pledge: The <HI>Kenti&s;h men</HI> call him <HI>Bor&s;holder</HI> corruptly for <GAP DESC="foreign">, that is, the fir&s;t Surety. <HI>Centuria,</HI> or a Hundred, was made up of ten <HI>Decuria's,</HI> as one Hundred is made up of ten times ten. This <HI>(viz.</HI> Hundred) the men beyond <HI>Trent</HI> called by another name, not unknown to the common people, <GAP DESC="foreign"> Wapentac. <HI>Alured</HI> then fur|ther ordained, That every man of free condition &s;hould be enrolled in &s;ome Hundred, and be conjoined into &s;ome Ten-men company: That of le&s;&s;er bu&s;ine&s;&s;es, the Decurions or Court-Leet might judge; and if any weightier matter were, it &s;hould be deferred to the Hundred or County-Court. La&s;tly, that the Alderman and Sheriff (I take it, he calls them <HI>Senator &amp; Praepo&s;itus)</HI> &s;hould compound the mo&s;t difficult Suits and of greate&s;t moment, in that frequent Convention from all parts of the Shire or County. And what the manner of judging was, King <HI>Etheldred</HI> in the fourth Chapter of his Laws (which he enacted in a full Senate or Parlia|ment at <HI>Vanatnigum</HI> <GAP DESC="foreign"> <HI>Wood&s;tock)</HI> expounds almo&s;t in the&s;e very words: <Q>In all and every Hundred let there be A&s;&s;emblies, and that Twelve elderly men of free condition, together with the Sheriff <HI>(Prae|po&s;ito)</HI> be &s;worne, that they will not condemn the Innocent, or ab&s;olve the Guilty.</Q></P>
<P>So that Mr. <HI>Lambert</HI> &s;eems to be of opinion, that the Common-Law had its origination from King <HI>Alured</HI> or <HI>Alfred,</HI> who was King of all <HI>Eng|land,</HI> and a mo&s;t victorious, pious, prudent, and glorious Monarch; about the year of our Lord 890. And from a mo&s;t deplorable condition, by rea&s;on of the Dani&s;h inva&s;ion and robbery, reduced it to a mo&s;t quiet calm, and laid that foundation, upon which the body of the Common-Law is &s;ince builded. But who&s;oever was the fir&s;t Founder and E&s;tabli&s;her of them, certain it is they were antient, and Laws which better &s;uit to the nature and di&s;po&s;ition of <HI>Engli&s;h-men,</HI> then any other that are, or ever were in the world, would do.</P>
<P N="2">2. As tho&s;e general U&s;ages or Cu&s;toms which are generally ob&s;erved, <NOTE PLACE="marg">Particular U&s;ages.</NOTE> are called the Common-Law; &s;o there are almo&s;t infinite particular U&s;ages, Pre&s;criptions and Cu&s;toms in &s;everal parts of this Nation, which are ob|&s;erved as Laws by the Inhabitants of tho&s;e places, and to all intents and purpo&s;es have the effect of Laws.</P>
<P N="3">3. Statute-Laws are Acts of Parliament, which are neither general <NOTE PLACE="marg">Statute-Law.</NOTE> nor particular Cu&s;toms, but are Laws made by the Kings of this Land in Parliament, upon &s;undry and diver&s;e occa&s;ions, according to the then occa&s;ions, as they repre&s;ented them&s;elves. For although all innovations are dangerous; and therefore if it were po&s;&s;ible, no doubt it were be&s;t that hu|mane Laws (as the Laws of Nature) might be immutable and eternal; but as God hath created all things tran&s;itory, and nothing in this world the &s;ame the next &s;ub&s;equent minute, that it was before; and therefore the &s;tate of
<PB N="108" REF="118"> Humane affairs being every day variable, and putting on a new face to mor|row, which they had not neither to day, nor ye&s;terday; which cannot be certainly fore&s;een by any man, or men, no more then any Ma&s;ter of a Ship can fore&s;ee what winds will blow to morrow, or next day; or whether it will be &s;erene, or &s;tormy weather, whether deep or Rockey Seas. Yet if no prudent Mariner will venture him&s;elf, and tho&s;e under his command to Sea, without &s;ufficient provi&s;ion again&s;t all the contingencies which may happen, and be prevented; Then &s;ure no man or men not vainly blinded with am|bition, will undertake to manage the Government of a Nation without &s;ufficient means to protect them&s;elves and Subjects from all future &s;torms and confu&s;ions, which may either ari&s;e from within the Nation, or be cau|&s;ed from without. Yet will it not follow that every day there &s;hould be new Laws made, for <HI>Nihil &s;emel perfectum &amp; inventum,</HI> there is nothing which is perfect &s;o &s;oon as begun; and many mi&s;chiefs and inconveniencies may be begun, and yet be prevented before they can be brought to perfection. But then it mu&s;t be pre&s;uppo&s;ed that there may be remedies u&s;ed, which mu&s;t of nece&s;&s;ity be, that there be a pre&s;ent and coercive power in being, which may &s;uppre&s;s, and di&s;&s;olve tho&s;e mi&s;chiefes and inconveniences, by making new Laws, if the old ones will not remedy them; and this is no new thing, but is, and alwaies was, in all governments that ever were, whether Monarchy, Ari&s;tocracy, or Democracy.</P>
<P>A Parliament is a Politick body compounded of Heterogenial or <NOTE PLACE="marg">Of what parts a Par|liament is compounded. <HI>In&s;t.</HI> 4. <HI>pag.</HI> 1.</NOTE> di&s;&s;imilar parts, <HI>viz.</HI> the King, the Lords &s;piritual and temporal, in one di&s;tinct hou&s;e, and of a hou&s;e of Commons another di&s;tinct hou&s;e.</P>
<P>Since there has been &s;o much conte&s;t about the power and juri&s;diction <NOTE PLACE="marg">What creates the Lords hou&s;e.</NOTE> and cau&s;e of Parliament; and &s;ince it being compounded of unlike parts, and &s;ome of the&s;e unlike parts, nay pieces of tho&s;e parts have a&s;&s;umed the name of Parliament, We will examine all the parts of it, and &s;ee whether it be not all made and created by the King, and into him only can be ul|timately re&s;olved, he being <HI>principium, caput, &amp; finis</HI> of it.</P>
<P>Fir&s;t, For the Lords &s;piritual they are all parts of the Lords hou&s;e, and &s;it there by &s;ucce&s;&s;ion in re&s;pect of their Counties or Baronies, parcell of their Bi&s;hopricks; but all Bi&s;hopricks were originally of the Kings founda|tion and donative <HI>per traditionem baculi (viz.</HI> the cro&s;ier) <HI>&amp; annuli (viz.</HI> <NOTE PLACE="marg"><HI>In&s;t.</HI> 4 <HI>par.</HI> 1.</NOTE> the ring) whereby he was married to the Church. King <HI>Henry</HI> the fir&s;t being reque&s;ted by the Bi&s;hop of <HI>Rome</HI> to make them Eligible, refu&s;ed it; but King <HI>John</HI> by his Charter bearing date 5 <HI>Iunii, an.</HI> 17. granted that the <NOTE PLACE="marg"><HI>Com. Lit. Sect.</HI> 648. <HI>pag.</HI> 344.</NOTE> Bi&s;hopricks &s;hould be Eligible; &s;o that the foundation, donation, and election to Bi&s;hopricks was only and immediately cau&s;ed by the King: and in this capacity by virtue of the Kings Writ out of the Court of Chancery, does every Bi&s;hop &s;it as a member of the upper hou&s;e of Parliament. So that <NOTE PLACE="marg"><HI>In&s;t.</HI> 4 <HI>par.</HI> 1. 4.</NOTE> the Lords &s;piritual did immediately hold their Bi&s;hopricks of the King; and were members of the upper hou&s;e only by vertue of the Kings Writ.</P>
<P>Secondly, That the Lords Temporal are created immediately by the King, is &s;o manife&s;t that I think no man will que&s;tion it, and that every Temporal Lord is impowred to &s;it as a Member of the Lords hou&s;e by ver|tue of the Kings Writ i&s;&s;uable <HI>ex debito ju&s;titiae,</HI> out of the Chancery. <HI>See In&s;t.</HI> 4. <HI>part. pag.</HI> 1. <HI>&amp;</HI> 4.</P>
<PB N="109" REF="118">
<P> All the Judges of the Realm, Barons of the Exchequers, of the Coif, <NOTE PLACE="marg">Temporal A&s;|&s;i&s;tants of the Lords hou&s;e.</NOTE> the Kings learned Council, and the <HI>Civilians</HI> Ma&s;ters of the Chancery, all called to give their a&s;&s;i&s;tance and attendance in the Upper hou&s;e of Parli|ament, but have no voices in Parliament. How their Writs differ from the Barons, &s;ee <HI>In&s;t.</HI> 4. <HI>part, page</HI> 4.</P>
<P>In every Writ of Summons to the Bi&s;hops, there is a clau&s;e requiring <NOTE PLACE="marg">Spiritual A&s;|&s;i&s;tants, or <HI>Procuratores Cleri.</HI></NOTE> them to &s;ummon the&s;e per&s;ons to appear per&s;onally at the Parliament, which is in the&s;e words: <HI>Premonientes Decanum &amp; Capitulum Eccle&s;iae ve&s;trae Nor|wicen&s;is, ac Archidiaconos totumque Clerum ve&s;trae Dioce&s;. quod iidem Decani &amp; Archidiaconi in propriis per&s;onis &s;uis, ad dictum Capitulum per unum, idem|que Clerus per duos Procuratores idoneos plenam &amp; &s;ufficientem pote&s;tatem ab ip&s;is Capitulo &amp; Clero divi&s;im habentes praedict. die &amp; loco per&s;onaliter inter|&s;int ad con&s;ciendum hiis quae tunc ibidem de communi Concilio dicti Regni no&s;tri, Divina favente clementia, contigerit ordinari.</HI> So that not only the Lords Spiritual and Temporal, but their A&s;&s;i&s;tants, are only created by the Kings Writ, or immediately by the Kings authority.</P>
<P>But &s;ince there is &s;o much conte&s;t about the Hou&s;e of Commons, and <NOTE PLACE="marg">The Hou&s;e of Commons are not the Re|pre&s;entatives of the Free people of the Nation.</NOTE> men &s;ay they repre&s;ent the Freeborn people of this Nation, and are the Supreme Authority of the Nation: We will therefore enquire into the cau&s;e, and &s;ee what may be the Freeborn people; and whether a Hou&s;e of Commons, as it now &s;tands, can be their Repre&s;entative; and whether being their Repre&s;entative, they may be the Supreme Authority of this Nation?</P>
<P>Fir&s;t, What are the People? If any man had &s;aid the people of <HI>Rome,</HI> or the people of <HI>Athens,</HI> or the people of <HI>Carthage, &amp;c.</HI> a man had under|&s;tood them, and only them of <HI>Rome, Athens,</HI> or <HI>Carthage, &amp;c.</HI> who were <HI>civitate donati.</HI> But in <HI>England</HI> the ca&s;e is much otherwi&s;e; for with us there is no <HI>civitate donatus</HI> in one more then another, but all men are alike born free, and &s;o by con&s;equence every man as a freeborn man of <HI>England</HI> has as much right to his freedom one man as another. I &s;ay therefore, if every man of <HI>England</HI> has not a like vote and power in electing Members for the Hou&s;e of Commons, then cannot the Hou&s;e of Commons be the Repre|&s;entative of the Nation; for, <HI>Plus valet contemptus unius, qu&acirc;m con&s;en&s;us omnium.</HI> But it is mo&s;t manife&s;tly evident, that the Hou&s;e of Commons are not elected by the equal con&s;ent of the freeborn people of <HI>England,</HI> (for not only two parts of three have not Forty &s;hillings a year, yet are as freeborn as they who have, and as liable to penalty for tran&s;gre&s;&s;ing Laws made in Parliament, as they who do elect; but many men have double votes in the election, in Corporations where they &s;end Burge&s;&s;es, and yet have like power with the Forty-&s;hillings-men in electing a Knight of the Shire; and &s;uch a place as <HI>Ri&s;ing-Cha&s;e</HI> and <HI>Old Sarum, &amp;c.</HI> have a like power in this Hou&s;e with the County of <HI>York;</HI> and the Bi&s;hoprick of <HI>Durham</HI> &s;ends none at all: So that it may be rather termed a Repre&s;entative of the Free Corporations, then a Repre&s;entative of the Freeborn people of <HI>England.)</HI> The Hou&s;e of Commons therefore cannot be a Repre&s;enta|tive of the Freeborn people of <HI>England.</HI></P>
<P>But &s;uppo&s;e them the Repre&s;entatives of the Freeborn people of this <NOTE PLACE="marg">Nor the Su|preme Autho|rity of the Nation.</NOTE> Nation, yet cannot they be the Supreme Authority of it; for no power can act beyond the power of its being. I &s;ay therefore, that no Repre&s;enta|tive can be &s;upreme, or &s;uperior to the cau&s;e of its being: The Hou&s;e of
<PB N="110" REF="119"> Commons therefore cannot be (granting it the Repre&s;entative of the Freeborn people of this Nation) the Supreme Authority of the Nation.</P>
<P>But if the hou&s;e of Commons be not &s;ent by the people and their Re|pre&s;entatives; Who creates them, and by what right do they make a hou&s;e of Commons?</P>
<P>Before we an&s;wer this <HI>Quaere,</HI> wee will &s;ee of what &s;orts of men a hou&s;e <NOTE PLACE="marg">Of what &s;orts of men the hou&s;e of Commons is compounded.</NOTE> of Commons is compounded. A hou&s;e of Commons is compounded of three &s;orts of men, <HI>viz.</HI> Knights of Counties, Citizens &s;ent by Cities, and Burge&s;&s;es of Corporations: Barons of the Cinque Ports are the &s;ame thing differently expre&s;&s;ed with Burge&s;&s;es of Corporations. Now that all Cities, Burroughs, Corporations, and Cinque Ports, are not &s;o <HI>jure naturali,</HI> nor by any inherent birthright, but from their Charter, which is nothing el&s;e but the Kings grant, is &s;o manife&s;t, that I think no man in his wits will deny. But all Cities and Corporations are not alike in priviledges, but more or le&s;s as they are impowred by their Charter or Grant of the King. Some Corporations have Liberties &amp; Priviledges, and are impowred to &s;end Bur|ge&s;&s;es; others have Liberties and Priviledges, but not qualified to &s;end Bur|ge&s;&s;es; nay &s;ome Cities have Liberties and Priviledges, but not endewed with this right of having Repre&s;entative in the hou&s;e of Commons, as the Cities of <HI>Durham</HI> and <HI>Ely.</HI></P>
<P>And as neither Cities nor Burroughs are endewed with the&s;e their Li|berties <NOTE PLACE="marg">What creates the hou&s;e of Commons.</NOTE> and Priviledges by any inherent birthright; &s;o neither are the Coun|ties nor Inhabitants endewed with any right of &s;ending Knights of their Counties by any inherent birthright; for then had all the Counties a like right one as another, and all the Inhabitans a like vote; and they mighr create repre&s;entatives as often as they &s;hould &s;ee occa&s;ion. But all the&s;e are mo&s;t evidently fal&s;e; for we have &s;hewed before, that not only the divi&s;ion of this Nation into Counties was an act of the Kings, but all Counties are not alike endewed with this Priviledge, &s;ome Counties in <HI>Wales</HI> &s;end|ing but one, and the County of <HI>Durham</HI> none at all. Nor have all men a like vote in electing (and yet as much &s;ubject to Laws made in Parliament as other men) but men only who have 40 <HI>s.</HI> yearly freehold rent; nor can the&s;e 40 <HI>s.</HI> a year men, when they will, &s;end their repre&s;entatives. What then does impower the&s;e to &s;end repre&s;entatives? Why let <HI>Sir Ed. Coke</HI> &s;ay, <NOTE PLACE="marg"><HI>In&s;t.</HI> 4. <HI>p.</HI> 1.</NOTE> Knights of Shires, Citizens of Cities, and Burge&s;&s;es of Burroughs, are re|&s;pectively elected by the Counties, Cities and Burroughs, by force of the Kings Writ. So that the Kings Writ is the fir&s;t and efficient cau&s;e of the <NOTE PLACE="marg"><HI>pag.</HI> 28.</NOTE> hou&s;e of Commons, as well of the Knights, as Citizens and Burge&s;&s;es; the Commons cannot begin nor be di&s;&s;olved, without the King in per&s;on or repre&s;entation.</P>
<P>If then Rebellion be as the &s;in of Witchcraft, as the Holy Gho&s;t &s;aies; <NOTE PLACE="marg">Annot.</NOTE> and if <HI>crimen le&s;ae Maje&s;tatis</HI> be the highe&s;t crime and impiety, as all Lawyers hold; and if Gratitude be one the chief of all Moral virtues, as all men hold, for, <HI>&s;i ingratum dixeris, omnia dixeris,</HI> no man who is an ingrateful man, but has rendred him&s;elf as if he had committed all manner of wickedne&s;s: How impious then is it for men, only from the Kings grace endewed with this high favor, to convert it in oppo&s;ition and derogation of that power and per&s;on from whence they originally received it! But they &s;ay, if the Commons did it, then was it done by the people, and &s;o ju&s;t and not to be que&s;tioned,
<PB N="111" REF="119"> as if the people were not a thing to be governed; and all as much &s;ubject to the King and Laws as every one; or that a thing ju&s;t or unju&s;t in it &s;elf, were more ju&s;t or unju&s;t, becau&s;e more or fewer did it. Will any man &s;ay, the crucifying of our Saviour was therefore ju&s;t, becau&s;e many of the <HI>Jews</HI> did it? or that a rout or riot is therefore lawful, becau&s;e done by many men? or that it is not paricide or regicide, if many Sons and Subjects kill their Pa|rents, and King?</P>
<P>As all the Members of both hou&s;es are created by the King, &s;o cannot <NOTE PLACE="marg">The Parlia|ment cannot begin but by the King.</NOTE> the&s;e Members be formed into a body but by the King, either by his Royal pre&s;ence or repre&s;entation. By repre&s;entation two waies; either by a Guar|dian of <HI>England</HI> by Letters Patents under the great Seal, when the King is <HI>in remotis</HI> out of the Realm: or by Commi&s;&s;ion under the great Seal of <NOTE PLACE="marg"><HI>In&s;t.</HI> 4. <HI>p.</HI> 6.</NOTE> <HI>England</HI> to certain Lords of Parliament repre&s;enting the per&s;on of the King, he being within the Realm, in re&s;pect of &s;ome infirmity.</P>
<P>This Hou&s;e is &s;o far from being the Supreme Authority of the Nation, <NOTE PLACE="marg">The Juri&s;di|ction of the Commons Hou&s;e.</NOTE> that they are not a Court of Judicature, nor can impo&s;e an Oath, or take any mans Examination. Yet Sir <HI>Ed. Coke</HI> &s;ays, <HI>In&s;t.</HI> 4. 28. that the Hou&s;e of Commons is to many purpo&s;es a di&s;tinct Court, becau&s;e (he &s;ays) they cannot be prorogued or adjourned but by its &s;elf; yet gives no more. It is true indeed, that to many purpo&s;es among them&s;elves they do judge their Members, and Elections, and have a Committee for Religion; but the&s;e things are more of cu&s;tom (whether good or bad, I cannot tell) then of any original right that I know, or ever heard of. And Sir <HI>Ed. Coke, In&s;t.</HI> 4. 11. &s;ays, They being the general Inqui&s;itors of the Realm, have principal care in the beginning of Parliaments to appoint Committees of Grievances (both in Church and Commonwealth) of Courts of Ju&s;tice, of Priviledges, and of Advancement of Trade. They have been wont too, ever &s;ince the Statute <HI>de Tallagie non concedendo,</HI> of cour&s;e to grant the King Aids in extraordinary ca&s;es.</P>
<P>The Hou&s;e of Peers, a&s;&s;i&s;ted as afore&s;aid, are the Supreme Court of <NOTE PLACE="marg">The Juri&s;di|ction of the Hou&s;e of Lords.</NOTE> Judicature in this Nation; not only to judge whether matters pre&s;ented to them by the Commons, be fit or requi&s;ite for the King to pa&s;s into Laws, (as Mon&s;ieur <HI>Bodin</HI> well ob&s;erves, who di&s;putes this better then any of our Engli&s;h Lawyers that I know of, has done) but al&s;o of Writs of Error, and of matters of Fact either not determinable in other Courts, or el&s;e when though they are determinable in other Courts, yet in regard of nicety or &s;pecial matter they cannot well di&s;cern or judge.</P>
<P>I have therefore been particular herein, as well to &s;hew into what cau&s;e <NOTE PLACE="marg">Annot.</NOTE> not only both Hou&s;es conjunctly, but every particular Member in either, have a right of being; as al&s;o (&s;ince <HI>Non datur progre&s;&s;us ad infinitum)</HI> the Parliament being a body compounded of heterogenial or di&s;&s;imilar parts, if they &s;ever or divide, into what Subjects may, ultimately with good con|&s;cience, re&s;olve their faith and obedience. And no que&s;tion, it is better any thing &s;hould be Law, then that every thing &s;hould be lawful: And that is the greate&s;t &s;lavery, where Subjects know not where to pay their obedience, and from whence to expect protection; but where different Factions &s;hall with equal right or injury, impo&s;e their lu&s;ts and wills for Laws to their Fellow-&s;ubjects.</P>
<P>The Juri&s;diction of Parliament is &s;o tran&s;cendent, that it maketh, in|largeth, <NOTE PLACE="marg">The Juri&s;|diction of Parliament.</NOTE> dimini&s;heth, abrogateth, repealeth and reviveth Laws, Statutes,
<PB N="112" REF="120"> Acts and Ordinances, concerning matters Eccle&s;ia&s;tical, Capital, Criminal, Common, Civil, Martial, Maritime, and the re&s;t: It may make Daughters and Heirs apparent of a man or woman, during the life of the Ance&s;tor; <NOTE PLACE="marg"><HI>Com. Lit.</HI> 110.</NOTE> adjudge an Infant or Minor of full age; attaint a man of Trea&s;on after his death; it may Ba&s;tard a Child that is Legitimate, it may make a Ba&s;tard <NOTE PLACE="marg"><HI>In&s;t.</HI> 2 <HI>par.</HI> 36.</NOTE> Legitimate.</P>
<P>A Parliament was called before the Conque&s;t, <HI>Michael Sinoth, Michael</HI> <NOTE PLACE="marg">By what other names called.</NOTE> <HI>Gemote, Eal&s;a Witenage Mote;</HI> that is to &s;ay, the Great Court or Meeting of the King and of the Wi&s;e men; &s;ometime, of the King with the Council of his Bi&s;hops, Nobles, and wi&s;e&s;t of his people. The <HI>French</HI> call it <HI>Les e&s;tates,</HI> and <HI>L'a&s;&s;emble des e&s;tates;</HI> (the Parliaments in <HI>France</HI> are no other <NOTE PLACE="marg"><HI>In&s;t. par.</HI> 1. 110. <HI>a.</HI></NOTE> then our Courts of Kings-Bench, Common-Pleas, Exchequer, and Chan|cery in <HI>England.)</HI> The <HI>Germans</HI> call it a <HI>Dyet.</HI> And <HI>In&s;t.</HI> 4. <HI>p.</HI> 2. it was antiently called <HI>Witenage mote, Conventus &s;apientum, Commune concilium regni, Generale concilium regni, Concilium regni, &amp; A&s;si&s;a generalis. Tully</HI> calls it, <HI>Con&s;e&s;&s;um Senatorum, &agrave; con&s;idendo, &amp;c.</HI></P>
<P><LABEL>Object.</LABEL> But it may be it will be objected, That though the King be <HI>principium, caput, &amp; finis Parliamenti,</HI> and that every Member, as well as both Hou&s;es, have their original right and &s;itting there from him; and that though Laws of right ought to pa&s;s in Parliament at the rogation, reque&s;t or petition of the Commons, by the coun&s;el and advice of the Lords; yet the Kings of the Nation have long &s;ince dive&s;ted them&s;elves of this power, and have granted the Lords and Commons a concurring power in the making of Laws, or by cu&s;tom and u&s;age it hath been &s;o time out of mind, and &s;o ought to be ob&s;erved as a Law.</P>
<P>To the fir&s;t I &s;ay, Kings reign by a higher then any humane law; and <MILESTONE N="1" UNIT="An&s;."> therefore no act of any King can dive&s;t him&s;elf or &s;ucce&s;&s;or of any attribute due to him or his &s;ucce&s;&s;or: And if Kings actions did oblige them&s;elves or &s;ucce&s;&s;ors, then were this Crown not free, but &s;ubject to the Pope, becau&s;e King <HI>John</HI> made it &s;o. But I deny the a&s;&s;ertion; for it is fal&s;e, that ever any King of this Realm did ever grant the Parliament, or either Hou&s;e, a concurring power of making Laws with him.</P>
<P>For the &s;econd; No u&s;age, pre&s;cription, or cu&s;tom can take place, <MILESTONE N="2" UNIT="An&s;."> where there are records or proofs to the contrary. Whether we cannot give proofs enough to the contrary, judge good Reader.</P>
<P><HI>David's</HI> calling all the Lords of <HI>I&s;rael,</HI> the Lords of the Tribes, the Lords of the Companies that mini&s;tred to the King by cour&s;e, the Captains over thou&s;ands and over hundreds, and the Lords that had the over&s;ight over all the &s;ub&s;tance and po&s;&s;e&s;&s;ion of <HI>David</HI> and of his &s;ons, with the Chamberlains, and all the mighty, and all the valiant, and all the active men, unto <HI>Jeru&s;alem,</HI> to con&s;ult concerning the building of God a hou&s;e, 1 <HI>Chron.</HI> 28. 1, 2. was a Parliament. So was that Convention of <HI>Solomon's,</HI> <NOTE PLACE="marg"><HI>In&s;t.</HI> 4 <HI>par.</HI> 3. <HI>Ibid.</HI></NOTE> 2 <HI>Chron.</HI> 2. and that Convention of the I&s;raelites, <HI>Judg.</HI> 20. 11.</P>
<P><HI>Ego Inas Dei gratia We&s;t&s;axonum rex, exhortatione &amp; doctrina Cenredes patris mei, &amp; Heddes epi&s;copi mei, &amp; Erkenwaldes epi&s;copi mei, &amp; &ograve;mnium Aldremannorum meorum, &amp; Seniorum &s;apientum regni mei, multaque congre|gatione &s;ervorum Dei, &s;ollicitus de &s;alute animarum no&s;trarum, &amp; &s;tatu regni mei, con&s;titui rectum conjugium, &amp; recta judicia, pro &s;tabilitate &amp; confirmati|one populi mei, benigna &s;edulitate celebrari, &amp; nullo Aldremanno vel alicui de toto regimine no&s;tro con&s;cripta liceat abolere judicia;</HI> was an Act of Par|liament. <NOTE PLACE="marg"><HI>Proem. par.</HI> 9. <HI>Reports.</HI></NOTE></P>
<PB N="113" REF="120">
<P> <HI>Edwardus rex admonuit omnes &s;apientes &s;uos qui fuerint Exoniae, ut inve&s;ti|garent &s;imul, &amp; quaererent quomodo pax eorum melior e&s;&s;e po&s;sit qu&agrave;m ante fuit;</HI> was an Act of Parliament by <HI>Edward</HI> King <HI>Alfreds</HI> &s;on. <NOTE PLACE="marg">Ibidem.</NOTE></P>
<P><HI>Haec &s;unt in&s;tituta quae Edgarus rex con&s;ilio &s;apientum &s;uorum in&s;tituit;</HI> were Acts of Parliament. <NOTE PLACE="marg">Ibidem.</NOTE></P>
<P><HI>Hoc e&s;t con&s;ilium quod Etheldredus rex, &amp; omnes &s;apientes &s;ui condixere ad emendationem pacis omni populis, apud Wood&s;tock. Haec &s;unt verba pacis, &amp; prolocutionis quae Etheldredus rex, &amp; omnes &s;apientes ejus cum exercitu firma|verunt, qui cum Anulano, Ju&s;tino, &amp; Guemundo Stigrani filio venit: Et haec in&s;tituerunt Etheldredus rex, &amp; Sapientes ejus apud Habam;</HI> were Acts of <NOTE PLACE="marg">Ibidem.</NOTE> Parliament.</P>
<P><HI>Edmundus rex congregavit magnam Synodum Divini ordinis &amp; Seculi apud Londonum civitatem in Sancto Pa&s;ch. &s;olenni: &amp; hae &s;unt in&s;titutiones quas Ed. rex, &amp; epi&s;copi &s;ui, cum &s;apientibus &s;uis in&s;tituerunt apud Culinconam, &amp;c. &amp; paulo post: Ego Edmundus rex mando &amp; praecipio omni populo &s;enior', &amp; junior', qui in regione mea &s;unt, qui inve&s;tigans inve&s;tigari, cum &s;apientibus Clericis &amp; Laicis;</HI> were Acts of Parliament. <NOTE PLACE="marg">Ibidem.</NOTE></P>
<P><HI>Haec &s;unt &s;tatuta Canuti regis Anglorum, Danorum, Norvegar' venerando &s;apientum ejus con&s;ilio ad laudem &amp; gloriam Dei, &amp; &s;ui regalitatem &amp; com|mune commodum habita in Sancto Natali Domini apud Wintoniam, &amp;c.</HI> were Acts pa&s;&s;ed in Parliament. <NOTE PLACE="marg">Ibidem.</NOTE></P>
<P><HI>Rex Canutus an. regni &s;ui</HI> 5. <HI>per</HI> 130 <HI>annos ante copilationem decretorum quae an. Dom.</HI> 1150. <HI>fuer' copilat' anno</HI> 7 <HI>pontificatus Papae Eugenii tertii, &amp; ante copilation' aliorum Canon' quorumcunque, cunctos reg' &s;ui praelat' procere&s;que ac magnates ad &s;uum convocans Parliam' in &s;uo publico Parliam' per&s;i&s;tentibus per&s;onaliter in eodem Wul&s;tano, &amp; Adelnodo archiepi&s;c' &amp; Ailwino epi&s;c' Elme|hamen&s;e, &amp; aliis epi&s;copis ip&s;orum &s;uffragan' &s;eptem Ducibus, cum tot Comitibus, nec non diver&s;orum mona&s;ter' nonnullis Abbatibus, cum quamplurimis gregariis milit' ac cum populi multitudine copio&s;a, ac omnibus adhuc in eodem Parliamento per&s;onalit' exi&s;tent' votis Regiis unanimiter con&s;entientibus, praeceptum &amp; decret' fuit, quod Mona&s;terium Sancti Edmundi &amp;c. &s;it ab omni juri&s;dictione epi&s;copor' com' illius ex tunc imperpet' funditus liberum &amp; exemptum, &amp;c. Illu&s;tris rex Hardicanutus pred' regis Canuti filius, haeres &amp; &s;ucce&s;s ac &s;ui patris ve&s;tigior' devotus imitator, &amp;c. cum laude &amp; favore Aegelnod' Dorobornen&s;is, nunc Cantuarien&s;is, &amp; Alfrici Eborac' epi&s;copor', aliorumque epi&s;copor' &s;uffragan', nec non cunctorum regni mei mandanorum principum de&s;criptum con&s;tituit robo|ravitque praeceptum;</HI> were Acts of Parliament. <NOTE PLACE="marg">Ibidem.</NOTE></P>
<P><HI>Rex Eldredus convocavit Magnatos, Epi&s;copos, Proceres, &amp; Optimates ad tractandum de publicis negotiis regni:</HI> And this was a Parliament. <NOTE PLACE="marg"><HI>In&s;t.</HI> 4. <HI>p.</HI> 3.</NOTE></P>
<P>But none of the&s;e (you will &s;ay) have the obligation of Laws upon us. Well, let us &s;ee tho&s;e Acts of Parliament which have, and what is the difference. By the way, no Acts of Parliament are now, nor the&s;e 400 years have had the force of Statute-Laws in <HI>England,</HI> but tho&s;e made in <HI>Henry</HI> the Third's time, and &s;ince. And what was the fir&s;t and great Act of <HI>Magna charta,</HI> but<HI>&mdash;Henry by the grace of God King of England, Lord of</HI> <NOTE PLACE="marg"><HI>Magna Charta</HI> an Act of Par|liament.</NOTE> <HI>Ireland, &amp;c. We have granted to God, and by this our pre&s;ent Charter have con|firmed for us and our heirs for ever, That the Church of England &s;hall be free, and &s;hall have all her whole rights and liberties inviolable. We have granted al&s;o and given to all the Freemen of our Realm, for us and our heirs for ever, tho&s;e Liberties underwritten, to have and to hold to them and their heirs, of us and</HI>
<PB N="114" REF="121"> <HI>our heirs for ever.</HI> Note, this great Charter which made the Church and <NOTE PLACE="marg">Nota bene.</NOTE> Kingdom of <HI>England</HI> the mo&s;t free in the world, was a free and voluntary act of an Engli&s;h Monarch in Parliament: And all that violation and de|&s;truction of all tho&s;e happy Grants and Conce&s;&s;ions both in Church and State, have been made by a cur&s;ed con&s;piracie of a factious and &s;editious company of men (fal&s;ly and mo&s;t injuriou&s;ly arrogating to them&s;elves the name of Parliament) without and again&s;t the Kings good mind and plea&s;ure.</P>
<P><HI>Charta Fore&s;ta</HI> was&mdash;Henry <HI>by the grace of God King of</HI> England, <HI>Lord of</HI> Ireland, <HI>Duke of</HI> Normandy <HI>and of</HI> Guyen, &amp;c. <HI>We will that all Fore&s;ts which King</HI> Henry <HI>our Grandfather affore&s;ted, &s;hall be viewed by good and lawful men, &amp;c.</HI></P>
<P><HI>Statutum Hiberniae</HI> was nothing el&s;e but&mdash;Henry <HI>by the grace of God King of</HI> England, <HI>&amp;c. To his trusty and welbeloved</HI> Gerard <HI>&s;on of</HI> Maurice, <HI>Ju&s;ticer of</HI> Ireland, <HI>greeting.</HI> Commanding him to cau&s;e the Cu&s;toms re|cited in the Act, and u&s;ed in <HI>England,</HI> to be proclaimed, and &s;treightly kept and ob&s;erved in <HI>Ireland.</HI></P>
<P><HI>Statutum de Anno Bi&s;&s;extili</HI> was<HI>&mdash;The King unto the Ju&s;tices of the</HI> <NOTE PLACE="marg"><HI>An.</HI> 21. <HI>H.</HI> 3.</NOTE> <HI>Bench greeting &amp;c.</HI> The Statute intituled <HI>A&s;si&s;a panis &amp; cervi&s;iae,</HI> was&mdash;<NOTE PLACE="marg"><HI>An.</HI> 51. <HI>H.</HI> 3.</NOTE> <HI>The King to all to whom the&s;e pre&s;ents &s;hall come, greeting. We have &s;een certain Ordinances, &amp;c.</HI></P>
<P><HI>Stat. de Scaccario: The King commandeth that all manner of Bailiffs, She|riffs</HI> <NOTE PLACE="marg"><HI>An.</HI> 51. <HI>H.</HI> 3.</NOTE> <HI>and other Officers, as well Ju&s;tices of</HI> Che&s;ter, <HI>&amp;c.</HI></P>
<P><HI>Statutes made in the Parliament at</HI> Marleborough; <HI>wherein the King</HI> <NOTE PLACE="marg"><HI>An.</HI> 52. <HI>H.</HI> 3.</NOTE> <HI>made the&s;e Acts, Ordinances and Statutes underwritten, which he willeth to be ob&s;erved for ever firmly and inviolably of all his Subjects, as well high as low.</HI></P>
<P><HI>Statute of We&s;tmin&s;ter the fir&s;t,</HI> were the Acts of <HI>Edward</HI> the &s;on of <NOTE PLACE="marg"><HI>An.</HI> 3. <HI>Ed.</HI> 1.</NOTE> <HI>Henry, &amp;c.</HI> by his Council, and the a&s;&s;ent of Archbi&s;hops, Bi&s;hops, Abbots, Priors, Earls, Barons, and all the Commonalty of the Realm, &amp;c. the King ordained and e&s;tabli&s;hed the&s;e Acts underwritten, which he intendeth to be nece&s;&s;ary and profitable unto the whole Realm. Fir&s;t the King willeth and commandeth that the peace of Holy Church, and of the Land be well kept and maintained in all points, and that common right be done to all as well poor as rich, without re&s;pect of per&s;ons, &amp;c.</P>
<P>Statutes made at <HI>Glouce&s;ter,</HI> where our Soveraign Lord the King for <NOTE PLACE="marg"><HI>An.</HI> 6. <HI>Ed.</HI> 1.</NOTE> the amendment of the Land, and for the relief of his people, &amp;c. hath provided and e&s;tabli&s;hed the&s;e Laws underwritten, willing and command|ing that from henceforth they be firmly ob&s;erved within the Realm.</P>
<P>Statute of <HI>Rutland,</HI> hath no other title then<HI>&mdash;The King to his Trea&s;urer</HI> <NOTE PLACE="marg"><HI>An.</HI> 10. <HI>Ed.</HI> 1.</NOTE> <HI>and Barons of the Exchequer, and to his Chamberlains greeting, &amp;c.</HI></P>
<P><HI>Articuli &s;uper Chartas,</HI> were Grants in Parliament made by the King <NOTE PLACE="marg"><HI>An.</HI> 20. <HI>Ed.</HI> 1.</NOTE> at the reque&s;t of the Prelates, Earls and Barons a&s;&s;embled in Parliament. <HI>Note,</HI> the Commons are not &s;o much as named in the&s;e Acts of Parliament.</P>
<P>The Statute of <HI>Quo Warranto</HI> made at <HI>Glouce&s;ter,</HI> and Statute <HI>de Pro|tectionibus</HI> <NOTE PLACE="marg"><HI>An.</HI> 30. <HI>Ed.</HI> 1. <HI>An.</HI> 33. <HI>Ed.</HI> 1.</NOTE> made at <HI>We&s;tmin&s;ter,</HI> the King only &s;peaks.</P>
<P><HI>Stat. de conjunctim Feoffatis:</HI> The King unto all to whom the&s;e, &amp;c. <NOTE PLACE="marg"><HI>An.</HI> 34. <HI>Ed.</HI> 1.</NOTE> greeting. And after the recital of the things contained in the Act, it is &s;aid&punc; <HI>In witne&s;s of which thing we have cau&s;ed the&s;e our Letters Patents, I my &s;elf being Witne&s;s at We&s;tmin&s;ter.</HI></P>
<PB N="115" REF="121">
<P> Statute of Amorti&s;ing of Land, made by <HI>Ed.</HI> 1. only the King &s;peak|eth. <HI>Ordinatio pro &s;tatu Hiberniae,</HI> made 17 <HI>Ed.</HI> 1. the King &s;peaketh by the a&s;&s;ent of his Council.</P>
<P>Statute <HI>Ne Rector pro&s;ternat arbores in coemiterio,</HI> only the King &s;peaketh, and neither Council nor Parliament mentioned. <NOTE PLACE="marg"><HI>An.</HI> 35 <HI>Ed.</HI> 1.</NOTE></P>
<P>Statute for <HI>Knights,</HI> hath no other title then<HI>&mdash;Our Lord the King hath</HI> <NOTE PLACE="marg"><HI>An.</HI> 1. <HI>Ed.</HI> 2.</NOTE> <HI>granted, &amp;c.</HI> And <HI>Stat. de frangentibus pri&s;onam,</HI> 1 <HI>Ed.</HI> 2. hath nothing to create it a Law, but, <HI>The King willeth and commandeth;</HI> and neither Parlia|ment nor Council named in either of them.</P>
<P><HI>Articuli Cleri</HI> made at <HI>Lincoln,</HI> the King and his Council are named. <NOTE PLACE="marg"><HI>An.</HI> 9. <HI>Ed.</HI> 2.</NOTE></P>
<P>The Statute of <HI>York</HI> was made by the King, by the a&s;&s;ent of the Prelates, <NOTE PLACE="marg"><HI>An.</HI> 12. <HI>Ed.</HI> 2.</NOTE> Earls, Barons, and Commonalty there a&s;&s;embled: So that in the&s;e three Kings reign, although the King did enact them in Parliament, yet the manner was different almo&s;t in all.</P>
<P>In <HI>Ed.</HI> 3. his time, was the form of enacting Laws truly defined, and <NOTE PLACE="marg"><HI>An.</HI> 1. <HI>Ed.</HI> 3.</NOTE> much u&s;ed by him and the &s;ub&s;equent Kings. At the Parliament holden at <HI>Westmin&s;ter;</HI> <Q>King <HI>Edward</HI> at the reque&s;t of the Commonalty, and by their Petition made before him and his Council in the Parliament, and by the a&s;&s;ent of the Prelates, Earls, Barons, and other great men a&s;&s;embled at that Parliament, hath granted &amp;c.</Q></P>
<P>In the next Parliament holden at <HI>Northampton,</HI> the Laws are made by <NOTE PLACE="marg"><HI>An.</HI> 2. <HI>Ed.</HI> 3.</NOTE> him, and by the a&s;&s;ent of the Prelates, Earls, Barons, and other great men, and all the Commonalty a&s;&s;embled in Parliament.</P>
<P>Statutes made at <HI>We&s;tmin&s;ter,</HI> were enacted by the King, his Prelates, <NOTE PLACE="marg"><HI>An.</HI> 4. <HI>Ed.</HI> 3.</NOTE> Earls, Barons, and other of the &s;ame Parliament, at the reque&s;t of the Commons.</P>
<P>Statutes made at <HI>We&s;tmin&s;ter:</HI> The King by the a&s;&s;ent of the Prelates, <NOTE PLACE="marg"><HI>An.</HI> 5. <HI>Ed.</HI> 3.</NOTE> Earls, Barons, and other great men of the Realm, at the reque&s;t of his people granted, and e&s;tabli&s;hed &amp;c.</P>
<P>Statutes made at <HI>York,</HI> were enacted by the King in Parliament, upon <NOTE PLACE="marg"><HI>An.</HI> 9. <HI>Ed.</HI> 3.</NOTE> the Petition of the Knights, Citizens and Burge&s;&s;es.</P>
<P>Statute of Money made at <HI>York,</HI> was enacted by the King, with the <NOTE PLACE="marg"><HI>An.</HI> 9. <HI>Ed.</HI> 3.</NOTE> a&s;&s;ent of the Prelates, Earls and Barons, and the Commons not &s;o much as named.</P>
<P>Statutes made at <HI>We&s;tmin&s;ter,</HI> were made and e&s;tabli&s;hed by the King, <NOTE PLACE="marg"><HI>An.</HI> 10. <HI>Ed.</HI> 3.</NOTE> with the a&s;&s;ent of the Prelates, Earls, Barons, and other Nobles of this Realm, and at the reque&s;t of the Knights and Commons.</P>
<P>Statutes of Purveyors made at <HI>Westmin&s;ter,</HI> were enacted by the King, <NOTE PLACE="marg"><HI>An.</HI> 10. <HI>Ed.</HI> 3.</NOTE> with the a&s;&s;ent of the Prelates, Earls, Barons, and al&s;o at the reque&s;t of the Knights of the Shires, and the Commons by their petitions put in the &s;aid Parliament.</P>
<P>Statutes made at <HI>Westmin&s;ter,</HI> were to the honor of God, and of Holy <NOTE PLACE="marg"><HI>An.</HI> 14 <HI>Ed.</HI> 3.</NOTE> Church, by the a&s;&s;ent of the Prelates, Earls, Barons, and other a&s;&s;embled at Parliament.</P>
<P>And &s;ee almo&s;t all the Acts of Parliament in <HI>Ed.</HI> 3. his time, after in <HI>Rich.</HI> 2. <HI>Hen.</HI> 4. <HI>Hen.</HI> 5. <HI>Hen.</HI> 6. <HI>Ed.</HI> 4. <HI>Rich.</HI> 3. the King always made the Law, and the Lords Spiritual and Temporal did a&s;&s;ent, at the in&s;tance, reque&s;t or petition of the Commons; or by the King with the a&s;&s;ent of the Lords and Commons; which was not, or but rarely u&s;ed, unle&s;s in <HI>Rich.</HI> 2. his time. In <HI>Hen.</HI> 7. his time, the Commons got to have their a&s;&s;ent, as well
<PB N="116" REF="122"> as the Lords in pa&s;&s;ing Laws. And this manner of pa&s;&s;ing Laws continued generally until <HI>Edward</HI> the Sixth's time, where they were &s;ometime made by the King, with the a&s;&s;ent of the Lords Spiritual and Temporal, and Commons in Parliament, and &s;ometime by the Parliament: But the form of enacting Laws by the King, and the Lords Spiritual, Temporal, and Commons a&s;&s;embled in Parliament, was &s;eldom or never u&s;ed before Queen <HI>Maries</HI> time.</P>
<P>So that it is as clear as the Sun at noon-day, That a King of <HI>England,</HI> <NOTE PLACE="marg">Se&s;&s;ions of Parliaments, do not dero|gate from Re|gal Power.</NOTE> by the ancient u&s;ages of this Nation, is as free and ab&s;olute in the Se&s;&s;ion of Parliament, as out. And the Act of a King in Parliament, is the free and voluntary Act of an ab&s;olute Monarch; for the Act of the King in Par|liament pa&s;&s;ed by the a&s;&s;ent of the Lords Spiritual and Temporal, and at the Petition of the Commons, is not le&s;s the act of the King, becau&s;e it is &s;o pa&s;&s;ed; unle&s;s a man will deny, that my Will being a faculty of my Soul, cannot imperate an act, if it takes information from my Under&s;tanding or Rea&s;on; Rea&s;on and Under&s;tanding being in proportion to the Will, as Coun&s;el is to a Law. King <HI>Charles</HI> of Sacred memory, commends to his Son, the then Prince of <HI>Wales,</HI> in his la&s;t Letter and Admonition to him (though for his own particular he had little Rea&s;on (God knows) &s;o to do) the frequent u&s;e of Parliaments, as the be&s;t means, by which, Laws may be received of the Subjects, and diffu&s;ed to all parts of the Nation, and to hold a right under&s;tanding between the King, and his Subjects.</P>
<P>But as <HI>nullum medicamentum e&s;t idem omnibus;</HI> nay, the &s;ame Medi|cine at one time may kill the &s;ame per&s;on, which at another time may cure him: And that thing, which at one time may be a very probable rea&s;on of an action, at another time, may be none at all, or quite contrary to Rea&s;on: So in Rea&s;ons of State, that may be a very probable rea&s;on at one time, which may be none at all, or perhaps de&s;tructive at another time. As <HI>Henry</HI> the Third had great Rea&s;on of State, to form a Hou&s;e of Commons, and endue it with large priviledges, to &s;ecure him&s;elf again&s;t a &s;tubborn and re|bellious Nobility: But King <HI>Charles</HI> had not the &s;ame Rea&s;on of State to indulge the Hou&s;e of Commons, contriving the de&s;truction of him&s;elf, the Church and Nobility, Laws and Liberties of this Nation. <HI>Edward</HI> the Fir&s;t had great Rea&s;on of State to call a Parliament, and to pa&s;s the Act <HI>De Tallagio non concedendo,</HI> for otherwi&s;e as the &s;tate of affairs then &s;tood, he could neither get money to a&s;&s;i&s;t his Friend and Ally, the Earl of <HI>Flanders;</HI> nor relieve his di&s;tre&s;&s;ed Subjects in <HI>Aquitaine</HI> oppre&s;&s;ed by the French King (which Sir <HI>Edward Coke</HI> in his Comment upon this Statute ob&s;erves;) but King <HI>Charles</HI> had not the &s;ame Rea&s;on of State, to call the Parliament in 1640. who (in&s;tead of a&s;&s;i&s;ting their natural Sovereign again&s;t a Rebellious Rabble of Mungrel <HI>Hebrides</HI> and <HI>Ly&s;isks,</HI> give them Three hundred thou&s;and pounds to be exported out of the Kingdom for their Brotherly a&s;&s;i&s;tance.</P>
<P><HI>Edward</HI> the Fir&s;t had great Rea&s;on of State to pa&s;s the Statute of <HI>Mort|maine,</HI> when as men were &s;o &s;uper&s;titiou&s;ly given, that no man thought he could merit Heaven, if he gave nothing to the Church; whereby &s;uch large Revenues accrued to the Church, that the third part of the Revenues of the Nation was in Church-mens hands; who pretending exemption from the Temporal Power, if &s;ome remedy were not taken, the King would probably be left de&s;titute of means to protect him&s;elf, and his Sub|jects;
<PB N="117" REF="122"> yet is there not now that Rea&s;on of State, when in a Sacrilegious age, all the Patrimony of the Church goes to wrack and ruine; and men of Badges of Sacriledge, make marks of Saint&s;hip. It were endle&s;s to enu|merate how Rea&s;ons of State vary with the times: It mu&s;t &s;uffice, that there be means always in the Supream Power, to remedy and cure the maladies and mi&s;chiefs of State, as they ari&s;e and repre&s;ent them&s;elves. Yet it is a remarkable thing, That they who oblige Kings and Supream Powers to their own Laws, will never be obliged by either their own, or any Laws of God, if ever the Supremacy comes to be ve&s;ted in them; and let any man &s;hew me in Five hundred years one time, wherein the Kings of <HI>England</HI> did alter the Laws out of Parliament, and I will &s;hew him an hundred times in &s;even years, where men arrogating to them&s;elves the name of Parliament, have altered the Laws without the King. They who oblige Supream Powers to Humane Laws, the Conditions mu&s;t oblige God too to &s;uch things, as is contained in tho&s;e Laws and Conditions, or el&s;e it is impo&s;&s;ible for Powers to protect their Subjects.</P>
<P>But <HI>Corruptio optimi e&s;t pe&s;sima,</HI> there were never &s;o vile things done as have been by Parliaments, or by men calling them&s;elves &s;o. Sir <HI>Edward</HI> <NOTE PLACE="marg"><HI>In&s;t.</HI> 4. <HI>page</HI> 37, 38.</NOTE> <HI>Coke</HI> (being always mightily in love with Parliaments) gives in&s;tances but in two, <HI>viz. Thomas Cromwel</HI> Earl of <HI>E&s;&s;ex,</HI> and <HI>Edmund</HI> Earl of <HI>March</HI> (the true and undoubted Heir of the Crown of <HI>England)</HI> both condemned unheard, and without tryal in Parliament, when as he might have in&s;tanced twenty. Sir <HI>Thomas Seimer,</HI> Admiral of <HI>England,</HI> and Brother to the Pro|tector, <HI>Anno</HI> 1549. the third year of <HI>Edward</HI> the Sixth, was condemned to death unheard by a Law in Parliament. <HI>Henry</HI> the Third after all the Acts of Grace of <HI>Magna Charta, Charta de Fore&s;ta, &amp;c.</HI> (in&s;tead of means <NOTE PLACE="marg">Good Gover|nors are the Pre&s;ervers or enlargers of the Govern|ment. Par|liaments have ever been the bane of the greatne&s;s of the Engli&s;h Monarchy.</NOTE> given him by Parliament, for the recovery of his right of the Dutchy of <HI>Normandy,</HI> u&s;urped and taken by the French King from his Father King <HI>John,</HI> and the Dutchy of <HI>Guienne,</HI> and Earldom of <HI>March,</HI> the year before u&s;urped and taken from him by the French King) had all the exerci&s;e of Regal Government taken from him, and given to the Twelve Peers, by the <NOTE N="*" PLACE="marg">In&s;anum Parliamen|tum.</NOTE> Mad Parliament; whereof en&s;ued the Barons Wars, to the de&s;truction and confu&s;ion of &s;o many Engli&s;h-men, as nothing but a Parlia|ment could have done. <HI>Henry</HI> the Fourth in the fir&s;t year of his u&s;urped Reign, had the Crown entailed upon him and his Heirs in Parliament, from whence en&s;ued all the Wars of the Hou&s;es of <HI>York</HI> and <HI>Lanca&s;ter.</HI> At a Par|liament holden <HI>Anne Dom.</HI> 1470. begun at <HI>Westminster,</HI> 26 <HI>November,</HI> the Crowns of <HI>England</HI> and <HI>France,</HI> were entailed upon <HI>Henry</HI> the Sixth, and the Heirs male of his body lawfully begotten; and for want of &s;uch Heirs unto <HI>George</HI> Duke of <HI>Clarence,</HI> being the yonger Brother of <HI>Edward</HI> the Fourth, the undoubted Heir of the Crown of <HI>England;</HI> whereby a double inju&s;tice was done, fir&s;t to <HI>Henry</HI> the Sixth, excluding his Heirs general, then to <HI>Edward</HI> the Fourth, to prefer his yonger Brother <HI>Clarence</HI> before him, in ca&s;e of want of Heirs male to <HI>Henry</HI> the Sixth.</P>
<P>See the Factious Con&s;piracy of the Commons, together with the con|&s;equence again&s;t the Duke of <HI>Suffolk. Speeds</HI> Hi&s;tory, <HI>Henry</HI> 6. <HI>p.</HI> 675. <HI>Para.</HI> 47, 48.</P>
<P>The Parliament in the Fir&s;t of <HI>Richard</HI> the Third his Reign (though a bloody U&s;urper) pre&s;ented a Bill for the entailing the Crown upon his Heirs. <NOTE PLACE="marg"><HI>Ann.</HI> 1 <HI>Hen.</HI> 7.</NOTE> Nor was the Act of Parliament le&s;s injurious, which entailed the Crown
<PB N="118" REF="123"> upon <HI>Henry</HI> the Seventh, and the Heirs of his body, (he having no colour of title to it, but in right of his Wife) and becau&s;e he &s;u&s;pected his title, and reigned in his own right to the wrong of his Wife, and after her decea&s;e, to the wrong of his Son <HI>Henry</HI> the Eighth, in the eleventh year of his Reign, he got an Act of Parliament to pa&s;s, which &s;hould protect all Subjects who &s;hould a&s;&s;i&s;t the King (be he &s;o by right, or not) for the time being. So that other offences &s;hould be puni&s;hed; but he that perpetrates the highe&s;t villany by invading a Crown, &s;hould be protected by Law. <HI>Henry</HI> the Eight, by authority of Parliament, <HI>an.</HI> 1533. Ba&s;tardized Queen <HI>Mary;</HI> and &s;o &s;oon as he had cut off <HI>Anne Bullens</HI> head, by authority of Parliament Ba&s;tardized Queen <HI>Elizabeth,</HI> &s;mally to his credit, one would think.</P>
<P>Add hereunto the ridiculous, yet cruel Act of <HI>Hen.</HI> 8 his Head&s;hip of the Church: So that a &s;tranger being one day in <HI>Smithfield,</HI> and &s;eeing one burnt for denying the Six Articles, and another hanged for denying his Head&s;hip, cried out, <HI>Bone Deus, quo modo hic agunt vivi! hic combu|runtur Papistae, ibi &s;u&s;penduntur Antipapistae.</HI> The bloody Laws pa&s;&s;ed in Parliament in pro&s;ecution of the Six Articles, in the time of <HI>Henry</HI> the 8. and the bloody Parliamentary Laws for Religion, in Queen <HI>Mary's</HI> reign, &amp;c. and all tho&s;e Sacrilegious Acts made in the reigns of <HI>Hen.</HI> 8. and <HI>Ed.</HI> 6. and &s;ure no man can imagine &s;uch horrid acts could be perpetrated but by Parliaments.</P>
<P>Nor have the General A&s;&s;emblies in <HI>France</HI> (who were wont to be a&s;&s;embled once or twice a year) demeaned them&s;elves much better then the Parliaments in <HI>England;</HI> but in &s;tead of providing good Laws, fell into &s;uch Factions, and u&s;ed &s;uch affronts to the Regal power, that <HI>Lewis</HI> the Eleventh (a mo&s;t &s;ubtile and cunning Prince) was wont to &s;ay, It was time to put the French Kings, <HI>horce de page,</HI> out of their minority, and from being Pages any more; and &s;o he did. And &s;ince his time they have been rarely convented in <HI>France:</HI> For &s;ince the General A&s;&s;embly at <HI>Bloys, anno</HI> 1587. by <HI>Henry</HI> the Third, where the famous Duke of <HI>Gui&s;e</HI> was killed, there hath been but one, <HI>anno</HI> 1614. in the fourth year of the reign of <HI>Lewis</HI> the Thirteenth; and that &s;ucceeded &s;o ilfavoredly, that there is no probability of ever being another.</P>
<P N="4">4. Be&s;ides the general and particular Cu&s;toms, and Acts of Parliament, there are almo&s;t infinite Corporations, Colledges and Companies, who have divers and &s;undry priviledges, which are granted by the Kings Letters Patents, and are ob&s;erved as Laws, and to all intents and purpo&s;es have the effect of Laws.</P>
<P N="5">5. But in all Maritime ca&s;es, (the Kings of <HI>England</HI> being Soveraigns of the Narrow Seas, what&s;oever <HI>Grotius</HI> &s;ays to the contrary) and all acti|ons done upon a Navigable river, are judged by the cour&s;e of Civil law; and &s;o the Probate of Wills, and Letters of Admini&s;tration are determi|nable by the Civil law.</P>
<P>Judge <HI>Jenkins,</HI> a learned Gentleman, and a &s;tout Champion for the Laws of this Nation, in the fir&s;t page of his <HI>Lex terrae,</HI> divides the Laws of this Nation into three grounds or &s;pecies, <HI>viz.</HI> 1. The Cu&s;toms, 2. Acts of Parliaments, and 3. Judicial Records; and that the two latter are declarations of the former touching Royal government; &s;o that he makes Cu&s;tom to be the ground of Royal government, and Acts of Par|liament to have but a declaratory power of the Common Law touching
<PB N="119" REF="123"> Royal government, and Judicial Records to be equivalent to Acts of Par|liament. In all which he is mo&s;t manife&s;tly mi&s;taken: For fir&s;t, there are an exceeding many Acts of Parliament, which have no manner of dependence or affinity with the Common-Law, and &s;o cannot be declarations of it; nay, there are many Acts of Parliament which are &s;o far from being decla|rations of the Common-Law, that they do annihilate it, and create other things in lieu thereof; as the Statute of <HI>West.</HI> 2. <HI>cap.</HI> 1. called the Statute <HI>de donis conditionalibus,</HI> annihilated all the Conditional e&s;tates in Fee at Common-Law, and created e&s;tates in Tail in lieu thereof. At Common-Law, no Lands or Tenemers were devi&s;eable by Will; but the Acts of 32 &amp; 34 <HI>H.</HI> 8. create a power of devi&s;ing Lands and Tenements in Fee, by Will; and Tenants at Common-Law might choo&s;e whether they would attorn to any Grant of the Lord; but now the Lords Grant is good without it, by 27 <HI>H.</HI> 8. <HI>cap.</HI> 10. Sir <HI>Ed. Coke com. on Lit. &s;ect.</HI> 574. &s;ays, <HI>Stat.</HI> 32. <HI>H.</HI> 8. takes away the rea&s;on of the Common-Law; &s;o that, that cannot be a declaration of what, it takes away the rea&s;on.</P>
<P>It were tedious to in&s;tance the Acts of Parliament which give one Jointenant a power to compell the others to &s;ue a Writ of Partition, which was denied at Common-Law; and right of Entry, where they were put to their <HI>Cui in vita, &amp;c.</HI> It may &s;uffice, that in no Kings reign there have not been Acts of Parliament, which have been &s;o far from making declarations of the Common-Law, that they have made manife&s;t alterations in it. And as the Common-Law hath no force nor rea&s;on again&s;t an Act of Parlia|ment, &s;o hath no particular Cu&s;tom any force or rea&s;on again&s;t it, for no man can pre&s;cribe again&s;t an Act of Parliament; and all Lands in Gavel-kind were particular Cu&s;toms, but taken away by Act of Parliament. And many Acts of Parliament have not declared the Succe&s;&s;ion of the Engli&s;h Diadem according to the u&s;ual cu&s;tom thereof, but made manife&s;t alteration thereof, as in the Succe&s;&s;ion of <HI>Hen.</HI> 4. 5. &amp; 6. <HI>Rich.</HI> 3. <HI>Hen.</HI> 7. &amp; 8. which being unju&s;t, and the cau&s;e not depending upon Humane laws, ought not to be obeyed.</P>
<P>Nor (&s;econdly) is that a le&s;s error, that Judicial Records are equiva|lent to Acts of Parliament; for they are &s;o far from being equal to Acts of Parliament, that in truth they are no Laws, but Inferences and Conclu|&s;ions which are deduced from Laws. For there is not any Judicial Record, which is not unju&s;t, if it cannot truly and ultimately be re&s;olved in &s;ome general or particular Cu&s;tom, Act of the Parliament, or grant of the King. So that Acts of Parliament, the Common Law, Particular Cu&s;toms and Pre&s;criptions, and Royal Grants, are as Axioms, <HI>Po&s;tulata,</HI> or Principles in Arts or Sciences; and Judicial Records, Reported Ca&s;es, and Years|books, are Inferences, Conclu&s;ions, or Sciences deduced from Acts of Parliament, the Common Law, and particular Cu&s;toms of this Land, or Conce&s;&s;ions of the King.</P>
<P><HI>Touching Royal Government;</HI> Royal Government being the ordinance of God, and from the Law of Nature, is paramount to all Humane laws, and the prime and efficient cau&s;e of them; they cannot therefore declare the cau&s;e, &s;o as to create any obligation, of what they are but the effects, and from whence derived.</P>
<P>We have thus far treated of the means by which the Kings of this Nation have (until 1640.) governed and pre&s;erved their Subjects inter|nally.
<PB N="120" REF="124"> But becau&s;e it is the office of Kings, to pre&s;erve their Subjects as well from foreign force, as internal broil; there is yet &s;omething wanting, of which we have not treated, <HI>viz.</HI> The power of making War and Peace, and maintaining Alliance and Traffique. Of the&s;e, in regard they refer to Foreign powers and juri&s;dictions, and are not &s;ubject to the Laws of the Nation, we &s;hall forbear to treat; only affirming that it is nece&s;&s;ary that at all times this power mu&s;t be &s;o ve&s;ted in the King, that at all times he may have the aids and a&s;&s;i&s;tance of his Subjects in pro|&s;ecution of the Ends afore&s;aid.</P>
</DIV3>
</DIV2>
<TRAILER>The end of the Third Book.</TRAILER>
</DIV1>
<DIV1 N="4" TYPE="book">
<DIV2 TYPE="table of contents">
<HEAD>The Contents of the Fourth Book.</HEAD>
<P>HAving thus far treated of all created Rights, and the cau&s;es of all Laws and created Powers and Vertues, and the&s;e being previous and nece&s;&s;ary to all Ju&s;tice and Obedience; We in this Book de&s;cend to treat of Ju&s;tice in the fir&s;t Chap. as the most eminent and noble of all Humane vertues, it being that which not only con&s;erves private Families, but all Nations and Kingdoms in unity, peace and &s;ociety; and demon&s;trate it neither to be in Geometrical pro|portion, as <HI>Plato</HI> would; nor Arithmetical proportion, as <HI>Zenophon</HI> held; nor in Harmonical proportion, as <HI>Bodin</HI> taught: Nor is that corrective and di&s;tri|butive Ju&s;tice, which <HI>Ari&s;totle</HI> affirmed to be in Arithmetical, and in Geome|trical proportion.</P>
<P>The Second <HI>Chap.</HI> treats of Obedience, and &s;hews how that it nece&s;&s;arily proceeds, and yet is different from Ju&s;tice.</P>
<P>The Third <HI>Chap.</HI> treats of Judgment, and &s;hews how it differs from Law and Ju&s;tice.</P>
<P>The Fourth <HI>Chap.</HI> treats of Equity, and &s;hews how it differs from Judg|ment, and how nece&s;&s;ary Courts of Equity, as well as Judicature, are.</P>
</DIV2>
<DIV2 N="4" TYPE="book">
<PB N="121" REF="124">
<HEAD>THE FOURTH BOOK.</HEAD>
<DIV3 N="1" TYPE="chapter">
<HEAD>CHAP. I. Of Justice.</HEAD>
<P N="1">1. <HI>_JU&s;titia e&s;t habitus animi communi utili|tate</HI> <NOTE PLACE="marg"><HI>Cicero</HI>'s defi|nition of Ju|&s;tice.</NOTE> <HI>&s;ervata, &s;uum cuique tribuens, &amp; Societatem conjunctionis Humanae mu|nifice, atque aequ&egrave; tuens.</HI> Ju&s;tice is a habit of the Minde, common utility being con&s;erved, giving to every one their right, and bountifully and e|qually <NOTE PLACE="marg"><HI>Cicero. lib.</HI> 1. <HI>de legibus.</HI></NOTE> defending the Society of Man|kinde. <HI>Et Ju&s;titia e&s;t quae &s;uum cui|que di&s;tribuit;</HI> Ju&s;tice is that which does di&s;tribute to every man what is his right. Where he &s;ays, That <HI>Ju&s;titia e&s;t obtemperatio &s;criptis legi|bus;</HI> we will &s;hew that is not properly Ju&s;tice, but Obedience onely.</P>
<P N="2">2. Ju&s;tice is the upright doing of an act con&s;erving Society, in that <NOTE PLACE="marg">Quid &s;it Ju&s;ti|tia.</NOTE> formality as it is commanded, or permitted by him, who by right may com|mand or permit it. Ju&s;tice is the doing of a ju&s;t action; the doing of a ju&s;t action, is the upright doing of any act, as it is commanded or permitted by him, who by right may command or permit it, pre&s;erving Peace and So|ciety. I &s;ay, Ju&s;tice mu&s;t have the&s;e two properties, <HI>viz.</HI> upright doing (that is, ab&s;traction from all affections of love, hate, or &s;elf-intere&s;t) and the Law or Command of him, who by right may command or permit &s;uch an act: Other actions proceeding from Wi&s;dom, Rea&s;on, Experiment, or Di&s;cour&s;e, <HI>&amp;c.</HI> are prudent, profitable, <HI>&amp;c.</HI> but none are ju&s;t, or hone&s;t actions, which cannot be truly and ultimately re&s;olved into the Law or
<PB N="122" REF="125"> Command of him, who by right may command, or permit &s;uch an act. So <NOTE PLACE="marg">Quotuplex.</NOTE> that Ju&s;tice is twofold, either commanded or permitted.</P>
<P N="3">3. Inju&s;tice is the abu&s;e or fal&s;ifying the Law or Command of him, <NOTE PLACE="marg">What is In|ju&s;tice.</NOTE> who by right commands, to the hurt or prejudice of another. As a Law preceding and Integrity, are in&s;eparable incidents to Ju&s;tice; &s;o Hypocracy, &s;eeming ju&s;t, and yet abu&s;ing or fal&s;ifying a Law, and the damage of another or more, are incidents in&s;eparable to inju&s;tice.</P>
<P N="4">4. Let us &s;ee who may by right command, and who are obliged to do <NOTE PLACE="marg">God com|mands by highe&s;t right.</NOTE> in conformity to their Laws and Commands. I &s;ay, God by highe&s;t right ought to command all the created things in Heaven and Earth; and all Creatures are chiefly and ab&s;olutely obliged to do what&s;oever he commands, without any rea&s;oning or di&s;puting why he &s;o commands; <HI>For the earth is</HI> <NOTE PLACE="marg">P&s;al. 24. 1. Job 41. 11. P&s;al. 50. 12.</NOTE> <HI>the Lords, and all that therein is; the compa&s;s of the World, and all that dwell therein: And what&s;oever is under the whole Heaven, is Gods; and the World is mine, and the fulne&s;s thereof.</HI> All Gods commands therefore have a like and equal influence upon all his Creatures; all Creatures, as compared to him, are alike vile, and between him and them is no proportion. To abu&s;e then or fal&s;ifie any Law of God or Nature, to the hurt or prejudice of an|other, is a &s;in of inju&s;tice in all Gods Creatures; and therefore in all men, and therefore in all &s;orts of men: As if any man promi&s;es another, that he will do, or give him &s;uch a thing, although it be to his hinderance, he wilfully breaks his promi&s;e. I &s;ay, this is a &s;in of inju&s;tice in the promi&s;er; for he abu&s;es and fal&s;ifies the Law of Nature, which obliges every man to the performance of his promi&s;e, to his hinderance, to whom he made his promi&s;e. And though this be the Law of Nature which does onely oblige in Con&s;cience, yet is &s;uch a promi&s;er an unju&s;t man, nor does he de&s;erve to be tru&s;ted as a friend, or hone&s;t man.</P>
<P>But this mu&s;t always be under&s;tood of private men, and they not pre|engaged <NOTE PLACE="marg">Annot.</NOTE> before, for the fir&s;t promi&s;e is to be performed: Neither mu&s;t the performance of a private mans promi&s;e, be to the hurt or damage of an|other man; for by the Law of Nature he was obliged to hurt no man, and to give to every man his due, before he made &s;uch promi&s;e. A publick per|&s;on promi&s;es to another, to do or give him &s;uch a thing which will be pre|judicial to his tru&s;t, I &s;ay he ought not to perform it; for he was obliged to perform his tru&s;t, before he made &s;uch promi&s;e. What then, does preengage|ment, the not injuring of another, or publick employment, free men and let them loo&s;e from all Law of God and Nature? I an&s;wer, nothing le&s;s, for they &s;in not le&s;s then private freemen, in not performing their promi&s;e, but commit a greater &s;in in breaking their fir&s;t promi&s;e, and betraying their publick tru&s;t, <HI>&amp;c.</HI> then if they &s;hould perform their promi&s;e: So that in promi&s;ing they &s;in, but in the performance they commit a greater &s;in.</P>
<P N="5">5. A King promi&s;eth he will not hurt any of his Subjects in their per|&s;ons <NOTE PLACE="marg">How Kings promi&s;es are to be inter|preted and performed.</NOTE> or e&s;tates, without due Proce&s;s, and after judgment given according to the known Laws. He being a King, was obliged as King to do to the be&s;t of his power, all things in order to the good and pre&s;ervation of his &s;ubjects in general; and therefore is obliged to this latter promi&s;e onely, as it is con&s;i&s;tent with his former: He ought onely to protect his &s;ubjects in parti|cular, as it does relate to the good and benefit of his &s;ubjects in general. I &s;ay therefore, notwith&s;tanding any &s;uch &s;ub&s;equent promi&s;e, is not any
<PB N="123" REF="125"> King obliged to it; but may in ca&s;e of publick nece&s;&s;ity, govern by Martial Law, and de&s;troy any particular Subjects e&s;tate, rather then enemies, or &s;editious men &s;hould make advantage thereof to the endangering of the publick: Nor is this any new thing, but always was in all &s;pecies of Go|vernments &s;ince the World began; nor does any King &s;in in making &s;uch promi&s;e, for he may ju&s;tly do it, and thereby &s;ecure the mindes of his Sub|jects, who would otherwi&s;e be in a continual diffidence; nor does he &s;in in not performing this promi&s;e, when it becomes incon&s;i&s;tble with the publick good; for no King can po&s;&s;ibly fore&s;ee all the publick nece&s;&s;ities and dangers which may happen.</P>
<P N="6">6. No mans being greater or le&s;&s;er, does free him from his duty which <NOTE PLACE="marg">Inju&s;tice in Princes.</NOTE> he owes to the Laws of God; all men being alike, as compared to God. Kings therefore being &s;o, are not di&s;obliged to the Laws of God and Na|ture: It was therefore a &s;in of inju&s;tice in <HI>Ahab,</HI> to take the po&s;&s;e&s;&s;ion of <HI>Naboth</HI>'s Vineyard, the property and inheritance of the <HI>I&s;raelites</HI> being given by God, and unalienable by the Children of <HI>I&s;rael.</HI> I &s;ay this was a &s;in of inju&s;tice in <HI>Ahab;</HI> for his being a King, did not free him from Gods Laws, but did without any publick nece&s;&s;ity, abu&s;e the power and command which God had given him as King, to the damage and hurt of <HI>Naboth</HI> and his po&s;terity. <HI>Davids</HI> putting <HI>Uriah</HI> to death, and <HI>Ahabs</HI> con&s;enting to <HI>Na|both</HI>'s death, although after his death, were &s;ins of inju&s;tice; for they were entru&s;ted by God to be Kings for the good of their Subjects: Whereas they did abu&s;e and fal&s;ifie their tru&s;t to the highe&s;t wrong of others, whom they ought to have protected: <HI>Princes are Gods Mini&s;ters for their Subjects good.</HI></P>
<P N="7">7. Man being a rea&s;onable and &s;ociable Creature, which being incon|&s;i&s;tible <NOTE PLACE="marg">Rom 13. 4. Kings by right command next after God.</NOTE> with community and parity, and mankinde being onely con&s;erva|ble in Society, that is in the mutual commanding and obeying of different parties: And as God by highe&s;t right, ought in all things to be obeyed, &s;o Kings ought to be obeyed next after God in all things: For every Soul ought to be &s;ubject to the higher powers; for there are no powers but of God, and the powers that be, are ordained of God: And through me Kings reign, <NOTE PLACE="marg">Rom. 13. 1. Prov. 8. 15.</NOTE> and Princes make ju&s;t Laws. All things therefore which Princes command (where God hath not left nece&s;&s;ary Laws for the good and governing of their Subjects, which he was onely plea&s;ed to do to his peculiar people the <HI>I&s;raelites,)</HI> are therefore ju&s;t, becau&s;e they command them, they command|ing nothing repugnant to the Laws of God.</P>
<P N="8">8. A Prince commands a Judge to execute the known Laws uprightly; <NOTE PLACE="marg">Inju&s;tice in Subjects.</NOTE> he becomes corrupt, and &s;ells, or otherwi&s;e purloyns judgment. I &s;ay this is a &s;in of inju&s;tice in the Judge, for he abu&s;es the command of his Prince, who by right might command him to the damage of another, again&s;t whom fal&s;e judgment is given. It is an act of inju&s;tice in all Subjects in general, to abu&s;e the tru&s;t committed to them by their Soveraigns, for he by right may command, and entru&s;t them; nor can they abu&s;e their tru&s;t, but it mu&s;t be to the damage of the Prince, or &s;ome other. But be&s;ides expre&s;s Obedience of Subjects to their Soveraigns, when they are particularly en|tru&s;ted by them, there is a general and implied Obedience which Sub|jects ow to their Soveraigns, and the Laws of their Countrey, as Subjects; whether they be employed in any place of tru&s;t, or not: For &s;ubjection be|ing in the predicament of Relation, does imply a right of command; and
<PB N="124" REF="126"> no man can be &s;ubject, where there is nothing to which he is &s;ubject. It is therefore a &s;in of inju&s;tice in any Subject, to pretend or abu&s;e any of his Countries Laws, to the hurt or damage of another.</P>
<P N="9">9. Since therefore, Kings by highe&s;t right, next after God, may com|mand; <NOTE PLACE="marg">Highe&s;t inju|&s;tice in Sub|jects.</NOTE> then by con&s;equence is that the highe&s;t &s;in of inju&s;tice, next after Luciferian pride of Creatures, making them&s;elves equal or &s;uperior to their Creator, for Subjects to tread under foot all Sacred and Civil Laws, to make them&s;elves &s;uperior to their Soveraigns, to whom by all Divine and Hu|mane Laws they ow their obedience, to the ruine and de&s;truction of &s;o many thou&s;ands of innocent men, women, and children, and families of all &s;orts, which mu&s;t nece&s;&s;arily come to pa&s;s in the attaining their ends. And that Subjects do abu&s;e all Humane Laws, in pretending them to the advan|cing of them&s;elves above all Humane Laws, and their rightful Superiors; There neither is, nor ever was, any Government in the World, good or bad, ju&s;t or unju&s;t, that did ever permit &s;ubjects, without authority from it, to take up arms: And by our Countrey-Laws, <HI>If any man levy war to expul&s;e &s;trangers, to deliver men out of pri&s;on, or again&s;t any Statute, or any other end, pretending Reformation of their own head; this is a levying war</HI> <MILESTONE UNIT="Nota."> <HI>again&s;t the King, becau&s;e they take upon them the Royal Authority, which is again&s;t the King.</HI> In&s;t. 3. p. 9.</P>
<P N="10">10. All Stipulations, Oaths, Promi&s;es, <HI>&amp;c.</HI> made by Subjects again&s;t <NOTE PLACE="marg">All Oaths, Promi&s;es, &amp;c. made again&s;t Prince or Laws, are void. Husbands by right may command their Wives.</NOTE> their Prince, or Laws, are void, and not to be performed; for they were Subjects, and obliged to their Prince and Laws, before they made &s;uch Oath, Stipulation, Promi&s;e, <HI>&amp;c.</HI></P>
<P N="11">11. God is not onely the Author of Government and Obedience, of Order, and Society in Nations and Kingdoms, but al&s;o in Man and Wife; for being rea&s;onable and &s;ociable Creatures, does imply a nece&s;&s;ity of mutual commanding and obeying. God fir&s;t created man, and by &s;o creating him, gave him the power and dominion over the woman. It is therefore an act <NOTE PLACE="marg">1 Tim. 2. 13. Ju&s;tice and in|ju&s;tice in a Wife.</NOTE> of Ju&s;tice in every Wife, uprightly to fulfil the Law or Command of her Husband to the benefit of him, or another, he commanding nothing de|rogatory to the Laws of God or his Countrey; and a &s;in of inju&s;tice in the Wife, to fal&s;ifie or abu&s;e any Law or Command of her Husband, to the hurt or prejudice of her Husband or another.</P>
<P N="12">12. God is not le&s;s the Author of Power, or Right of Command in <NOTE PLACE="marg">Of Ju&s;tice and inju&s;tice in Wives and Children.</NOTE> Parents, then in Husbands. As therefore it is an act of Ju&s;tice for Wives and Children, uprightly to do any act which is commanded them by their Husbands and Parents (they not commanding contrary to the Laws of God, or their Countrey) &s;o it is inju&s;tice in Children, as well as Wives, to fal&s;ifie any Command or Law of their Parents, to the hurt or prejudice of an|other.</P>
<P N="13">13. Suppo&s;e the Father and the Husband command the Wife contrary <NOTE PLACE="marg">Whether the Wife ought to obey the Father or Husband.</NOTE> things, whereby it becomes impo&s;&s;ible that the Wife &s;hould &s;erve both: Which ought &s;he to &s;erve? I &s;ay, the Husband: For though the Fathers power be from God, and &s;o in&s;eparable by any act of Man; yet is not God obliged to his own Laws, but may give that which he gave the Father, to another. And Matrimony being an In&s;titution of God in Paradice, and the Husbands power from the Law of Nature, that is from God, the Wife be|comes &s;ubject to her Husband; retaining notwith&s;tanding her piety and ob&s;ervance, which is always due to her Father.</P>
<P N="14"><PB N="125" REF="126"> 14. All Societies, that is, all companies of Men, whether of Ma&s;ter <NOTE PLACE="marg">Ma&s;ters of Families by right com|mand their Servants. <HI>Cicero, lib.</HI> 1. <HI>de leg.</HI></NOTE> and Servants, of Father and Children, of Husband and Wife, of King and Subjects, are contained in the mutual Offices of commanding and obey|ing. It is true, that <HI>Cicero</HI> &s;ays, <HI>Cum dico legem, &agrave; me dici nihil aliud intel|ligi volo, quam imperium; &s;ine quo nec domus ulla, nec civitas, nec gens, nec hominum univer&s;um genus &s;tare, nec rerum natura omnis, nec ip&s;e mundus pote&s;t.</HI> Where therefore the Laws of Nature are not &s;ufficient, there mu&s;t be a &s;upply of Humane Laws. <MILESTONE UNIT="Object. "> We have &s;hewed before, that the Power or Right of Command, which Kings have over their Subjects, which Hus|bands have over their Wives, which Parents have over their Children, is from the Law of Nature, that is from God immediately, I &s;ay, they com|mand by the Law of Nature: For all right of command which is not from any Humane Law, is from the Law of Nature; but Kings, Parents, and Husbands have a right of command, and not from any Humane Law, they have it therefore from the Law of Nature. <MILESTONE UNIT="Sol."> But though Ma&s;ters of Families have a right of command over their Servants, yet formally they do not command by the &s;ame right that Kings, Fathers, and Husbands do: For I deny, that ever any Ma&s;ter of a Family had his power from any Law of God (I except the <HI>I&s;raelites)</HI> or Nature; but that ever &s;ince there were Fa|milies, the Ma&s;ters, or Mi&s;tre&s;&s;es of the Families derived and had their power or right of command over their Servants, from their Countries Laws. If <HI>Adams</HI> Family be objected, I &s;ay, that <HI>Adam</HI> commanded not as Ma&s;ter of a Family onely, but as a Univer&s;al Monarch, not onely over all the Creatures irrational that God had made, but al&s;o over his Wife and Po&s;terity as King, and not as Father and Husband onely: For no Father, or Ma&s;ter of a Family, can create any property in his Son or Servant; nor had ever any Subject (who was not an <HI>I&s;raelite)</HI> property, from any Law of God or Nature. But it is evident, that <HI>Cain</HI> had property in the Fruit of the <NOTE PLACE="marg">Gen. 4. 3, 4.</NOTE> Ground, and <HI>Abel</HI> in his Flocks; they therefore derived it from <HI>Adam</HI> as King.</P>
<P N="15">15. Since Humane Laws are nece&s;&s;ary for the con&s;ervation of all <NOTE PLACE="marg">Of Ju&s;tice and inju&s;tice in Servants.</NOTE> Societies of Men, and the Ma&s;ters power not being contrary to any Law of God or Nature, the Ma&s;ter of every Family hath right of command over his Servants by the Laws of his Countrey, he commanding nothing repugnant to the Laws of God or his Country. It is therefore Ju&s;tice in every Servant, uprightly to execute &s;uch commands of their Ma&s;ters; and inju&s;tice to fal&s;ifie or abu&s;e &s;uch commands, to the hurt, or prejudice of an|other.</P>
<P N="16">16. Suppo&s;e the Father makes his Son a Servant (for every Father hath <NOTE PLACE="marg">Whether the Son ought to prefer the commands of of his Father or Ma&s;ter.</NOTE> the &s;ame right over his Childes per&s;on, that a King hath over his Subjects) and the Father and Ma&s;ter command the Son contrary things: Which &s;hall the Son &s;erve? I &s;ay (the Fathers power being from the Law of Nature, and &s;o in&s;eparable by any act of Man) the Son ought to &s;erve the Father; but the Father being as much in the power of his Soveraign, as the Son in his Fathers, the Father &s;hall make good to the Ma&s;ter what&s;oever he &s;hall be damnified by &s;uch command; the Laws of the Fathers Countrey ob|liging Subjects to perform their Contracts.</P>
<P N="17"><PB N="126" REF="127">17. Suppo&s;e the Ma&s;ter command contrary to the Laws of God or his <NOTE PLACE="marg">How far the Servant owes his Ma&s;ter &s;ubjection.</NOTE> Country, and the Servant executes &s;uch command; &s;hall this excu&s;e the Servant? No; for being a Servant, does not free him from the obligation of the Laws of God or his Country, as a Subject. Well, but if the Ma&s;ter commands upon corporal puni&s;hment, (for the Ma&s;ters power obligeth to corporal puni&s;hment) to do &s;omething contrary to the Laws? I an&s;wer, That <HI>jus vitae &amp; necis,</HI> which Ma&s;ters had over their Servants, is generally re&s;trained every where as well among <HI>Mahumetans,</HI> as <HI>Jews</HI> and <HI>Chri&s;tians,</HI> where men are of the &s;ame faith: So that Ma&s;ters cannot put their Servants to death, as Ma&s;ters, for any crime: If they otherwi&s;e puni&s;h them unju&s;tly, the Servants have their remedies by the Laws of their Country. <MILESTONE N="1" UNIT="Object."> But who &s;hall judge whether this be contrary to the Laws of God or his Country? the Ma&s;ter, or the Servant? I &s;ay, not the Servant. <MILESTONE N="2" UNIT="Object."> But if the Servant may not judge, yet has he not a Con&s;cience as well as his Ma&s;ter? I an&s;wer, That Ignorance, and an ill-&s;et Con&s;cience, excu&s;eth no more from doing what he ought; and Servants actions in general ought to be done about the Ma&s;ters per&s;ons or affairs, in which it is a very hard matter for the Ma&s;ter to command any thing contrary to the Law of God, or his Country. But if the Ma&s;ter does command his Servant to do any act in prejudice to another, (if it be not &s;o much as the Ma&s;ter cannot make &s;atisfaction, as to kill or maim another) the Laws do make a favorable con&s;truction of what is done by the Servant, as Servant, and puni&s;h the Ma&s;ter as commanding, and not the Servant as doing in order to &s;uch commands. In a Ma&s;ters commands to a Servant, is u&s;ually implied a Warranty which &s;ecures the Servant for doing what he commands him.</P>
<P N="18">18. It is Inju&s;tice in any man to tell another, that he gave &s;uch a price <NOTE PLACE="marg">Inju&s;tice in Commuta|tion.</NOTE> for &s;uch a commodity, whenas he gave not &s;o much; thereby to deceive an|other, who believes him, and gives him thereafter to a greater value then the thing is worth. I &s;ay, this is a &s;in of inju&s;tice in the Seller; for, in Lying, he did fal&s;ifie the Law of the God of Truth, to the damage of the Buyer.</P>
<P N="19">19. In Ju&s;tice commanded, no man ought to do more or le&s;s, but to the <NOTE PLACE="marg">Of permi&s;&s;ive Ju&s;tice in a King.</NOTE> utmo&s;t of his power ought to do what is commanded him, in that formality as it is commanded. In Ju&s;tice permi&s;&s;ive, it is not always &s;o; but the ut|mo&s;t or rigid exacting of what is permitted, is highe&s;t injury: As a King is permitted to execute his Laws; but the rigid executing of all Laws again&s;t all Offenders, at all times, without any con&s;ideration of inability, or other circum&s;tance of per&s;on, time, or place, is highe&s;t injury to his Subjects: For it is impo&s;&s;ible (though Laws &s;hould be general, and not re&s;pect the per&s;ons, but the good of the Subjects) that all Laws can, at all times, be alike ob&s;erved by all Subjects: And therefore though it be permitted to a King to execute all his Laws, or el&s;e he &s;hould have none to be executed; yet in the execution of them he ought to weigh circum&s;tances of per&s;on, time and place; whether it were the malice, or defence of the per&s;on of|fending; or whether he were able to fulfill &s;uch Law, or not, &amp;c. Or other|wi&s;e, <HI>Summum jus, e&s;t &s;umma injuria.</HI></P>
<P N="20">20. As a King, &s;o ought not a Subject rigidly to exact of another <NOTE PLACE="marg">In a Subject.</NOTE> what&s;oever is by Law permitted him, at all times: As a Tenant by &s;terility of the year, inundation of waters, &amp;c. is &s;o damnified, that he is not able fully to &s;atisfie his Landlord, but to his utter ruine: I &s;ay, in &s;uch ca&s;e the
<PB N="127" REF="127"> Landlord ought to remit of what, by rigor of the laws, he might ju&s;tly take: Or if in &s;uch ca&s;e the Landlord &s;hall rigidly exact his utmo&s;t due, to his Tenants ruine, (when it is not the Tenants fault) &s;uch exaction, &s;uch <HI>&s;ummum jus, e&s;t &s;umma injuria.</HI> A man is permitted to &s;ue any man for triflings, <HI>tres pa&s;&s;es</HI> of <HI>pedibus ambulando, &amp;c.</HI> yet if upon all occa&s;ions a man &s;hall &s;ue every man that &s;teps out of the footpath, &s;uch a man will be counted a wrangling knave, and &s;uch &s;uing <HI>&s;umma injuria.</HI> Yet is not the Law in fault, but the men; for if it were not permitted to men to exact their rents, and &s;ue for &s;mall tre&s;pa&s;&s;es, then would no Tenant pay rent, nor &s;hould any man be &s;ecure of enjoying what he is po&s;&s;e&s;t of.</P>
<P N="21">21. It is true that <HI>Ari&s;totle</HI> &s;ays, <HI>That he is a ju&s;t man that keeps the laws,</HI> <NOTE PLACE="marg">Who is a ju&s;t man. <HI>Eth. lib.</HI> 5. <HI>cap.</HI> 2. 3.</NOTE> <HI>and that he is an unju&s;t man who commits contrary to laws; and that therefore one Ju&s;tice contains all other virtues.</HI> God having made Man as well a &s;ociable, as rea&s;onable creature, and a free Lord of all his actions, who&s;e will may freely imperate his actions (not as it is with irrational creatures, who&s;e objects determine their actions) as he plea&s;eth; neither did ever yet in this world any man do any act virtuous or vitious, but it was freely in his own choi&s;e whether he had done it, or not: And by making him &s;o|ciable, made him more excellent then the other creatures of this orb. We do not therefore look for Ju&s;tice in &s;o large a &s;en&s;e as <HI>Ari&s;totle</HI> here takes; where every particular or per&s;onal virtue may be taken for Ju&s;tice.</P>
<P N="22">22. We take that virtue to be Ju&s;tice, which conduceth to the pre&s;er|vation <NOTE PLACE="marg">The excellen|cy of Ju&s;tice.</NOTE> of Society; (for, other per&s;onal virtees, as Temperance, Cha&s;tity, Frugality, &amp;c. although not as virtues, yet may they be found in other creatures:) which is only proper to Man, and wherein Man does excell all other creatures. And no que&s;tion but that the meane&s;t Servant, uprightly and con&s;cientiou&s;ly performing the tru&s;t and command which his Ma&s;ter commands him, is as ju&s;t and hone&s;t a man, as the greate&s;t man what|&s;oever.</P>
<P N="23">23. Nor is it le&s;s true that <HI>Ari&s;totle</HI> &s;ays, That he that commits any <NOTE PLACE="marg">Who is an unju&s;t man.</NOTE> thing again&s;t the Laws, is an unju&s;t man; and &s;o the commi&s;&s;ion of any thing again&s;t the Laws, is a &s;in of inju&s;tice; and every &s;in, a &s;in of inju&s;tice: But by rea&s;on of humane frailty, it is very difficult, if not impo&s;&s;ible for the mo&s;t ju&s;t man, not to be an unju&s;t man, where inju&s;tice is taken in &s;uch a latitude: And in this &s;en&s;e, the mo&s;t ju&s;t and righteous Subject that ever was, &s;tands in need of Gods mercy and the Kings. But the inju&s;tice we look for, we take in a more re&s;trained notion; not every unlawful act done upon ignorance or pa&s;&s;ion, &amp;c. but where men premeditately and wilfully make the laws of God or man, a cloke and pandar to &s;helter and hide their unju&s;t and illegal actions: They that tread under foot all Sacred and Civil &s;anctions intended for the con&s;ervation of peace and &s;ociety among men, to &s;et up them&s;elves above all laws of God or man; and to make way for their own lu&s;ts, in &s;tead of Divine and Humane laws; They who, the Pro|phet <HI>David</HI> &s;ays, <HI>imagine mi&s;chief as by a law:</HI> Such men, &s;uch actions, are <NOTE PLACE="marg"><HI>P&s;al.</HI> 94. 20.</NOTE> mo&s;t properly unju&s;t men, and acts of inju&s;tice.</P>
<P N="24">24. Inju&s;tice differs from Injury, only in agencie and patiencie, in him <NOTE PLACE="marg">How Inju&s;tice differs from Injury.</NOTE> who does, and in him who &s;uffers. It is inju&s;tice for any man, unju&s;tly to make u&s;e of any law of God or man, or Temporal power (which mu&s;t be from &s;ome law of God or man) to the hurt or prejudice of another; and &s;uch hurt or prejudice, is injury to whom it is done. </P>
<P N="25"><PB N="128" REF="128"> 25. Damage is nothing el&s;e but lo&s;s; Injury is lo&s;s unju&s;tly done. So <NOTE PLACE="marg">How Injury differs from Damage.</NOTE> that all Injury is damage, but every damage is not injury: As a man hath a hou&s;e &amp;c. burnt by lightening; this is damage, no injury: A man is puni&s;hed ju&s;tly for &s;ome fault; this is damage, no injury. Injury always is done by inju&s;tice, that is, when the doing is countenanced by &s;ome Law, or Greatne&s;s: Damage is, when the doing is neither countenanced by Law or Power; as Neighbors who live by one another, do u&s;ually do one another Tre&s;pa&s;s, whith is damage, but no injury.</P>
<P N="26">26. We have declared before, that no man ought to make u&s;e of <NOTE PLACE="marg"><HI>Volenti non fit injuria,</HI> how to be under|&s;tood.</NOTE> (or abu&s;e indeed) any gifts whereby he does excell another, to the damage and hurt of another, who is not &s;o well qualified. And no que&s;tion but that God will require of every man an account of all tho&s;e talents where|with he did entru&s;t him for good: And if he were plea&s;ed to puni&s;h him &s;o &s;everely, who had hid his talent, becau&s;e he had not increa&s;ed it and done <NOTE PLACE="marg">S. Matth. 25, 26, &amp;c.</NOTE> good; how &s;everely then will God take revenge upon him, who abu&s;eth tho&s;e natural gifts wherein he excells another, to the hurt and prejudice of his weaker brother? But humane laws being made for the rule of outward actions, (for only God &s;ees the hearts and inward thoughts of men) Courts of Judicature cannot judge whether it were this mans folly, abu&s;ed by the craftine&s;s of another; but whether this man did this thing, or not; and no Fool or Madman &s;hall be received again&s;t his own act, although his Heir &s;hall. It is not therefore that an innocent or fooli&s;h man may not be in|jured, although he will willing; but that he &s;hall not be judged injured by any Civil Court, where it may be made appear he was willing.</P>
<P N="27">27. <HI>Bodin</HI> in the &s;ixth book <HI>cap.</HI> 6. <HI>de repub.</HI> &s;ays, That <HI>Plato</HI> judged that <NOTE PLACE="marg"><HI>pag.</HI> 747. <HI>Plato's</HI> opini|on of Ju&s;tice.</NOTE> the be&s;t form a Commonwealth, which was compounded of Popular com|mand, and a Tyrant: (Note, the <HI>Grecians</HI> did u&s;ually call Kings Tyrants, and did many times take Tyrant in a good &s;en&s;e) yet di&s;&s;enting from him|&s;elf, he made his <HI>Civitas</HI> not only in State, but al&s;o in manner of Govern|ing, Popular; as one who gave to the multitude of all the Citizens the power of making Laws, of creating Magi&s;trates, of indicting War, of making Peace, and la&s;tly of giving rewards and puni&s;hments. A <HI>Civitas</HI> being e&s;tabli&s;hed after this manner, he denied it could be happy, unle&s;s it were governed by a Geometrical proportion; for he thought that God, the mo&s;t antient Moderator of this world, whom every be&s;t Lawgiver ought to imitate, does pre&s;erve all things in Geometrical proportion. He was often wont to boa&s;t, <GAP DESC="foreign">. Which things, although they be <HI>Plato's,</HI> yet are no where found in his writings. But a Popular Empire <NOTE PLACE="marg">Rejected by <HI>Bodin,</HI> as re|pugnant to him&s;elf.</NOTE> con&s;tituted by <HI>Plato,</HI> is plainly contrary to Geometrical proportion, becau&s;e the people follow an Equality of things: And Equality agrees with Arith|metical proportion, no ways with Geometrical.</P>
<P N="28">28. And becau&s;e <HI>Xenophon,</HI> emulous of <HI>Plato,</HI> thought that Cities and Laws <NOTE PLACE="marg"><HI>Xenophons</HI> opinion of Ju&s;tice.</NOTE> ought to be con&s;tituted and di&s;tributed in Arithmetical equality, induces <HI>Cyrus,</HI> as yet a boy, beaten, becau&s;e created a King by his companions, he had &s;o commanded the Ve&s;tments to be exchanged, that the greater were given to the greater, and the le&s;&s;er to the &s;horter. <HI>Cyrus</HI> &s;o beaten by his Ma&s;ter, is taught that he is born a <HI>Per&s;ian,</HI> and therefore &s;hould u&s;e the laws and manners of the <HI>Per&s;ians,</HI> which give that to every one, which is his property; not the <HI>Medes,</HI> who thought that, that was to be given to every one, that was fit and commodious for him. <HI>Plato,</HI> when he was adverti&s;ed
<PB N="129" REF="128"> the &s;tripes were to be inflicted upon him, not <HI>Cyrus,</HI> rejected <HI>Cyropoedia.</HI> This contention therefore of <HI>Xenophon</HI> and <HI>Plato</HI> being divulged by &s;peeches among the <HI>Grecians,</HI> afforded increa&s;e to two factions of the Great men, and People: Some following the Popular &s;tate, did greatly love the Arith|metical proportion of Ju&s;tice; Others, becau&s;e they did excell in Riches and Nobility, were not le&s;s in love with the Geometrical proportion, agreeing with Ari&s;tocracy. (But it is &s;trange, <HI>Plato</HI> bred in a Popular State, &s;hould a&s;&s;ert Ju&s;tice to be in Geometrical proportion; and <HI>Xenophon</HI> in a Mungrel Ari&s;tocracy, made up of two Kings and the <HI>Ephori,</HI> &s;hould a&s;&s;ert Ju&s;tice to be in Arithmetical.)</P>
<P N="29">29. Ju&s;tice in Arithmetical proportion, he &s;ays, was like <HI>Polycretus</HI> rule, <NOTE PLACE="marg"><HI>Pag.</HI> 751. <HI>a.</HI> compared.</NOTE> of all the mo&s;t right, and as it were, Iron macerated with Vinegar, &s;o as it &s;hould be inflexible. The Geometrical form of governing a City, did imitate a <HI>Lesbian</HI> Rule; for, this was made of Lead, and flexible in every part, that &s;o it might be accommodated to every thing, that nothing might be lo&s;t of the matter of it, &s;o far as it might be done. But this (he &s;ays after) being &s;o flexible, lo&s;es the name of a Rule.</P>
<P N="30">30. But neither of the&s;e forms of Ju&s;tice will down with him: For in the Arithmetical form, he &s;ays, That women, tender and young children, <NOTE PLACE="marg">76<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">. <HI>Xenophons</HI> <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> rejected by <HI>Bodin,</HI> and why,</NOTE> old men, and tho&s;e afflicted with &s;ickne&s;s, &s;hould have the &s;ame puni&s;hment for the &s;ame offence, with robu&s;t and &s;tout men; which might be fatal to one, and not &s;carce felt by the other. Yet was this again&s;t the practice of all Democratical States; for neither in the <HI>Roman</HI> nor <HI>Athenian</HI> States, were all men alike puni&s;hed for the like offence: The <HI>Romans,</HI> who were <HI>civitate donati,</HI> were not by the Laws to be put to death, nor puni&s;hed as Slaves for any offence. Nor were the Popular States le&s;s di&s;&s;enting from their Principles in conferring rewards and greatne&s;s upon men: For, when were men ever &s;o great, as in Popular States? as <HI>Pompey, Cae&s;ar, Cra&s;&s;us, Lucullus, Pericles, &amp;c.</HI></P>
<P N="31">31. Nor is he le&s;s out of love with the Geometrical form of Govern|ing, <NOTE PLACE="marg"><HI>Plato's</HI> reject|ed al&s;o, and why.</NOTE> or Ju&s;tice; for then, he &s;ays, all Patricians or Noblemen mu&s;t marry only with Patricians, and Plebeians with Plebeians; all places of Honor mu&s;t be always conferred, not for virtue or de&s;ert, but as men were Great, or Noble: So that from hence he &s;ays, were almo&s;t perpetual di&s;|&s;entions <NOTE PLACE="marg"><HI>p.</HI> 774. <HI>a.</HI></NOTE> between the Senators and Plebeians, until the Con&s;ul&s;hip, Cen|&s;ure, Preture, and the High Prie&s;thood were communicated to the Common people, &s;ome few excepted.</P>
<P N="32">32. Well, but becau&s;e <HI>Bodin</HI> cannot find Ju&s;tice to con&s;i&s;t in Arithme|tical <NOTE PLACE="marg"><HI>Bodins</HI> opini|on of Ju&s;tice.</NOTE> nor Geometrical proportion, he will try what may be done by Har|monical, and &s;ays, That is worthy con&s;ideration, that they have divided both proportions of Ju&s;tice, but have no where remembred the proportion <NOTE PLACE="marg"><HI>p.</HI> 747. <HI>a.</HI></NOTE> of Harmonical Ju&s;tice. Neither any of the Latines, or Grecians ever ac|commodated Harmonical proportions, either to the di&s;tribution of the Laws, or the moderating of the <HI>Civitates,</HI> (Governments I think he means) which as it excells the other in dignity, &s;o al&s;o is it referred to the Regal kind of <HI>Civitas</HI> which we &s;eek for, after a certain manner attempered by Ari&s;tocratical and Democratical proportion. <HI>(We &s;hall, I believe, find a very odd Harmonical proportion, after a certain manner attempered by Arithme|tical and Geometrical proportion.)</HI></P>
<P N="33"><PB N="130" REF="129"> 33. He defines the form of governing of a <HI>Civitas</HI> in the Harmonical <NOTE PLACE="marg">How proved. <HI>Pag.</HI> 751. <HI>C.</HI></NOTE> Laws of Ju&s;tice, to con&s;i&s;t in the&s;e four terms, <HI>viz.</HI> The Law, Equity, the Action of the Law, and the Office of a Judge, which have the &s;ame pro|portion among them&s;elves, that the&s;e four numbers, 4. 6. 8. 12. have. For what proportion 4 hath to 6. the &s;ame hath 8 to 12; and again, what pro|portion hath 4 to 8. hath 6 to 12; &s;o al&s;o is <HI>Lex</HI> to <HI>Equitas,</HI> and the Action of the Law, to the Office of the Magi&s;trate, and contrariwi&s;e; for the Action &s;erves the Laws, and the Office of the Magi&s;trate, Equity. But if you &s;hould tran&s;po&s;e the numbers compounded by Harmonical Law, and make the Magi&s;trate above Equity, and the Action &s;uperior to the Law; the Harmony of the City, and Concent of Mu&s;ick will peri&s;h. It would vex any Saint, much more any ingenuous Reader, to &s;ee what a &s;tir he keeps with converting numbers, in continued and di&s;-joyned Geometrical propor|tion, and all to no more purpo&s;e, then to read all the particular &s;tories which he cites and makes to prove any of his Po&s;itions: Nor does he ever &s;hew any colour of rea&s;on, how Law, Equity, the Action of the Law, and Office of a Judge, have like proportion to one another, as 4. 6. 8. 12. have.</P>
<P N="34">34. He &s;ays a little above in this Page <HI>B.</HI> and truly, that the Lesbian <NOTE PLACE="marg">Examined in his Politicks.</NOTE> Rule, if it may be wreathed, becau&s;e it is made of Lead, does lo&s;e the name of a Rule; and the force and name of a Law does peri&s;h, if a Judge may &s;o bend and unbend it, in all the parts thereof, by his arbitrament, as if he were a Moderator and Arbiter of the Laws, which ought to be a Mini&s;ter of them; (now if by Equity he does not mean moderation of the Laws, let him mean what he will for all me; nor does he ever &s;ay what he means by it) yet he &s;ays, That as the Magi&s;trate is the power of the Law, <NOTE PLACE="marg"><HI>Pag.</HI> 755. <HI>A.</HI></NOTE> &s;o is Equity in the power of the Magi&s;trate, which is incon&s;i&s;tent with what he &s;aid before, That the Magi&s;trate who is a Judge, cannot be a Mode|rator of the Laws; and with that which he propounds in his terms of Har|monical Ju&s;tice, that the Office of the Magi&s;trate or Judge, is &s;ub&s;ervient to Equity; nay he &s;ays, That the Harmony of the <HI>Civitas</HI> does peri&s;h, if the Judge or Magi&s;trate be above, or &s;uperior to Equity. Here is fine Har|monical con&s;ort indeed, where the Judge or Magi&s;trate is made onely a Mini&s;ter, and not a Moderator of the Law; where the Office of the Judge is made &s;ub&s;ervient to Equity, and yet Equity to be in the power of the Judge or Magi&s;trate; and the Harmony of the Citie to cea&s;e, if the Judge or Magi&s;trate be above, or &s;uperior to Equity.</P>
<P N="35">35. Fir&s;t, Let us &s;ee whether he hath better &s;ucce&s;s with his Mathema|ticks, <NOTE PLACE="marg">His Mathema|ticks exa|mined.</NOTE> then with his Politicks; although here he onely affirms 4. 6. 8. 12. to be in Harmonical proportion, yet he does not go about to prove it before <HI>Pag.</HI> 774. Well, but before we examine it, let us take the definition of Har|monical proportion: Harmonical proportion is, when three numbers are &s;o ordained, that the difference which the Major and the Minor extream, have to the mean, is in the &s;ame proportion that the Major, is to the le&s;&s;er: As 3. 4. 6. are in Harmonical proportion, becau&s;e the difference which 6. the Major extream hath to 4. is 2. and the difference which 4. hath to 3. the le&s;&s;er is 1. Now 2. the difference of the Major extream 6. to the <HI>medium</HI> 4. being double to the difference of 4. the mean, to the le&s;&s;er extream 3. and 6. the Major being double to 3. the Minor, 3. 4. 6. are in Harmonical proportion. <HI>Bodin</HI> &s;ays, 4. 6. 8. 12. are in Harmonical proportion, as the <NOTE PLACE="marg"><HI>Page</HI> 774.</NOTE> proportion of the fir&s;t to the &s;econd, and the third to the fourth is Diapent.
<PB N="131" REF="129"> And again, the fir&s;t to the third, and the &s;econd to the fourth is Diapa&s;on, the proportion of the &s;econd to the third containing a Diate&s;&s;eron, cou|pling the fir&s;t with the extreams, the means to either, procreates altogether <NOTE PLACE="marg">His fir&s;t in|&s;tance refel|led.</NOTE> a mo&s;t &s;weet concent. But how does the Analogy of the &s;econd to the third, of 6. to 8. couple the extreams of 4. and 12. or how can 4. 6. 8. 12. be in Harmonical proportion; when as the difference of 12. to 8. and 6. to 4. is but double, and the proportion of 12. to 4. triple?</P>
<P>Secondly, But though he hath not found Harmonical proportion here, <NOTE PLACE="marg">His &s;econd confuted.</NOTE> (&s;ure then his Harmonical Ju&s;tice upon which it is built, will be but a very mean &s;tructure) it may be he findes it &s;omewhere el&s;e, where he &s;ays, 4. 6. 8. <NOTE PLACE="marg"><HI>Page, mar.</HI> 750.</NOTE> are in Harmonical proportion; which becau&s;e the difference of 8. to 6. and 6. to 4. is equal, and the proportion of 8. to 4. double, is impo&s;&s;ible by the definition.</P>
<P>Thirdly, Well, he hath but one in&s;tance more of Harmonical propor|tion that I know of, and if he be out at that, he is pa&s;t cure, for ought I can help him. He &s;ays, that 1. 2. 3. 4. are in Harmonical proportion, he <NOTE PLACE="marg"><HI>Page</HI> 775. <HI>D.</HI></NOTE> would prove it <HI>Page</HI> 776. <HI>A.</HI> the number two to three con&s;titutes a Diapent, the number three to four a Diate&s;&s;eron, the extreams from one to four a double Diapa&s;on: But this is nothing to Harmonical proportion; nor is it <NOTE PLACE="marg">None of his numbers in Harmonical proportion.</NOTE> po&s;&s;ible that 1. 2. 3. 4. &s;hould be in Harmonical proportion, when as the difference of 4. to 3. and 2. to 1. is equal, and the proportion of 4. to 1. is quadraple; nor can 2. 3. 4. be in Mu&s;ical proportion; for the difference of 4. to 3. and 3. to 2. equal, and the proportion of 4. to 2. double; nor of 1. 2. 3. For the differences of the greater extreams are equal, and the proportions triple.</P>
<P N="36">36. <HI>Ari&s;totle Ethicks,</HI> 6 <HI>Book, Cap.</HI> 7. declares the proper nature of par|ticular <NOTE PLACE="marg"><HI>Ari&s;totle</HI> di|vides Ju&s;tice into</NOTE> Ju&s;tice into Di&s;tributive, Corrective or Commutative Ju&s;tice: This latter he &s;ays is in Arithmetical proportion, the former in Geometrical. Corrective, or Commutative Ju&s;tice con&s;i&s;ts in Promutation, Buying, Sell|ing, <NOTE PLACE="marg">Corrective</NOTE> Exchange, <HI>&amp;c.</HI> where the per&s;on of the buyer is not to be con&s;idered, whether greater or le&s;&s;er, richer or poorer; but an equal value or price is <NOTE PLACE="marg">and</NOTE> to be taken by the vendor for &s;uch a commodity, be the buyer rich or poor. Di&s;tributative Ju&s;tice con&s;i&s;ts he &s;ays in Geometrical proportion, and is <NOTE PLACE="marg">Di&s;tributative.</NOTE> referred to the dignities and merits of men; &s;o that here men ought to re&s;pect the per&s;on and the quality of him, to whom any thing is attributed or given, <GAP DESC="foreign">, more to him who is more worthy, and le&s;s to him who is le&s;s worthy.</P>
<P N="37">37. It is true indeed, That if in Promutation a man &s;ets &s;uch a value <NOTE PLACE="marg">Corrective Ju|&s;tice exami|ned.</NOTE> upon &s;uch a thing, and does not re&s;pect the per&s;on or quality of any buyer, that then &s;uch vendor does equally to all &s;ellers, and in exchanging ob&s;erves Arithmetical proportion: But if it be true, as it is that he &s;ays, That he is a <NOTE PLACE="marg"><HI>Eth. l.</HI> 5. <HI>c.</HI> 2, 3.</NOTE> ju&s;t man that keeps the Laws, and that there be no Law which &s;ets a price upon what thing the &s;eller exchanges, or &s;ells to another; then it cannot be a &s;in of Inju&s;tice for any vendor, not to ob&s;erve this Arithmetical Rule which <HI>Ari&s;totle</HI> propounds in Promutation.</P>
<P N="38">38. Nor is it le&s;s true, That if a Prince in conferring honor, or other|wi&s;e <NOTE PLACE="marg">Di&s;tributative Ju&s;tice exa|mined.</NOTE> rewarding a man for any merit, or great &s;ervice done to him, or his Countrey, gives more honor, or reward to &s;uch a man, then to another de|&s;erving le&s;s; then &s;uch a Prince does a prudent action, and ob&s;erves Geo|metrical
<PB N="132" REF="130"> proportion in it; but what is this to Ju&s;tice: For if there be no Law commanding &s;uch a thing, then cannot the not doing of it, be a &s;in of Inju&s;tice; nor is it properly a &s;in of inju&s;tice, not to reward or repay benefits, but of ingratitude.</P>
<P><HI>Grotius, Lib.</HI> 1. <HI>Para.</HI> 8. di&s;putes again&s;t the opinion of <HI>Ari&s;totle,</HI> That <NOTE PLACE="marg"><HI>Grotius</HI> his o|pinion of Ju|&s;tice&punc;</NOTE> Ju&s;tice is properly di&s;tingui&s;hed into Arithmetical and Geometrical propor|tion; but <HI>Paragraph</HI> 9. where he &s;hould declare what Ju&s;tice is, he onely confounds, <HI>Jus, Lex, &amp; Justitia;</HI> and in&s;tead of &s;etting down what Ju&s;tice is (which he neither does here, nor any where el&s;e that I know of) he for&s;ooth divides <HI>Jus</HI> into <HI>Jus naturale, &amp; voluntarium;</HI> which may &s;ignifie either of them, or both together <HI>hum drum.</HI> Community and Pro|perty, the Law of God, immutable by God him&s;elf, and yet mutable by the will of Man. In the Dedication of this <HI>Jus Belli &amp; Pacis,</HI> he makes <HI>Lewis</HI> the Thirteenth to be ju&s;t, becau&s;e he does by imitating him, honor the memory of his Father; (yet do I think there were &s;carce ever two men more unlike;) and ju&s;t, becau&s;e he does by his example, in&s;truct his Brother; and ju&s;t, becau&s;e he gave his Si&s;ters great Portions; ju&s;t, becau&s;e he inflicts no great puni&s;hment upon his rebellious Subjects, (&s;ure never man took Mercy for Ju&s;tice before;) and ju&s;t, becau&s;e he allows his Subjects Li|berty of Con&s;cience.</P>
</DIV3>
<DIV3 N="2" TYPE="chapter">
<HEAD>CHAP. II. Of Obedience.</HEAD>
<P N="1">1. OBedience is the accepting of the Law or Command of him, who <NOTE PLACE="marg">Obedience, what.</NOTE> by right commands; when I by no act of my will put any ob&s;ti|cle, whereby &s;uch Law or Command, may be executed or re|ceived.</P>
<P N="2">2. Obedience differs from Ju&s;tice, as a part differs from the whole: Obe|dience <NOTE PLACE="marg">How Obedi|ence differs from Ju&s;tice.</NOTE> is implyed in Ju&s;tice, Patience is onely nece&s;&s;ary to Obedience, but Agency to Ju&s;tice. Every ju&s;t man mu&s;t be an obedient man; but the con|ver&s;e do not always hold, That every obedient man, is a ju&s;t man. As a Prince commands &s;uch a man to be a Ju&s;tice of Peace, <HI>&amp;c.</HI> in &s;uch a Town or Divi&s;ion, he is received by them of the Town or Divi&s;ion. This is an act of Obedience in them of &s;uch a Town or Divi&s;ion; not of Ju&s;tice, be|cau&s;e they are Patients onely, and not Agents.</P>
<P N="3">3. Di&s;obedience is the refu&s;ing to accept the Law or Command of <NOTE PLACE="marg">How Di&s;obe|dience differs from Inju&s;tice.</NOTE> him, who by right commands. Inju&s;tice is the counterfeiting Obedience to Laws, and yet abu&s;ing them to the prejudice of another: As he who by right commands me to do &s;uch a thing, if I refu&s;e to do it, This is a Sin of Di&s;obedience: If I undertake to do it, and in&s;tead of upright do|ing of it, I abu&s;e it to the prejudice of any man; this is a Sin of In|ju&s;tice.</P>
<P N="4"><PB N="133" REF="130"> 4. Obedience is not only a virtue in it &s;elf, but al&s;o the fir&s;t and only <NOTE PLACE="marg">The Excel|lency of Obe|dience.</NOTE> Introduction to all virtues Theological and Moral. For not only in Moral virtues I mu&s;t &s;ubject my will to the rule and precept of him who by right commands; but al&s;o in Theological virtues my will mu&s;t be the patient, and admit of Gods grace, as the prime and efficient cau&s;e, before it be po&s;&s;i|ble that I &s;hould be qualified to do any virtuous action, either Theologicall, or Moral; and God (being all good, and a lover of Man, and hating no|thing <NOTE PLACE="marg">Philanthropos</NOTE> that he hath made) freely offers this his grace to all men; and it is mans fault and &s;tubbornne&s;s that he refu&s;es to admit of this grace of God; without which nothing can be good, nothing can be ju&s;t, or virtuous; with|out which no man can rea&s;onably hope for any Temporal happine&s;s in this world, or eternal Beatitude in the world to come.</P>
<P N="5">5. It is not alwaies the doing, or ab&s;taining from what is commanded <NOTE PLACE="marg">Gods Grace only is the true and effi|cient cau&s;e of virtue in men</NOTE> or forbidden, which is virtue, but only the ingenuous and upright doing or ab&s;taining from that, which is commanded or forbidden, as it is commanded or forbidden by him who by right may command or forbid. I &s;ay that Inge|nuity, integrity, and ab&s;traction from all affections of profit, plea&s;ure, love, hate, feare, &amp;c. are e&s;&s;ential to all virtues; for if the doing or for|bearing any action proceeds from any of the&s;e cau&s;es, then is not that action virtuous, but profitable, plea&s;ant, lovely, hateful, fearful, &amp;c. <HI>Jehu</HI> did what God commanded him in executing Gods judgements upon <HI>Ahabs</HI> po&s;terity, but not doing uprightly what God commanded him, in that for|mality as God commanded him; but if <HI>ye be mine, and will hearken to my voice, take ye the heads of your Ma&s;ters Sons, and come to me to</HI> Jezreel <HI>to morrow</HI> <NOTE PLACE="marg">2 Kings 10. 6.</NOTE> <HI>by this time,</HI> and then in&s;tead of pittying &s;o great a calamity upon &s;o many young Princes, in&s;ulting over them, he in deri&s;ion &s;aies to the people, <HI>Ye be righteous: behold I con&s;pired again&s;t my Ma&s;ter and &s;lew him, but who &s;lew all</HI> <NOTE PLACE="marg">Ver&s;. 9.</NOTE> <HI>the&s;e?</HI> hence it was that God &s;aid, <HI>I will avenge the blood of</HI> Jezreel <HI>upon the</HI> <NOTE PLACE="marg">Ho&s;ea. 1. 4.</NOTE> <HI>hou&s;e of</HI> Jehu, &s;ay Interpreters: But it was a virtue in <HI>David</HI> to forbear the killing of <HI>Saul,</HI> whenas he could have done it, and was promi&s;ed by God to be King after him; and in <HI>Jehodajah</HI> to pre&s;erve <HI>Joa&s;h,</HI> although by danger of his life. It was not virtue in <HI>Amnon</HI> to ab&s;tain from the company of <HI>Tamar,</HI> whenas he hated her becau&s;e he had abu&s;ed her; but it was in <HI>Jo&s;eph</HI> that he refu&s;ed to accompany his Mi&s;tre&s;s, whenas he might have &s;ecurely enjoyed her. Nor is it any virtue for any man to do, or forbear any thing for feare of puni&s;hment, for &s;o hor&s;es, dogs, and other irrational creatures, will do or not do many things for feare of &s;tripes, which are commanded or for|bidden by their Ma&s;ters. Nor is it any virtue in a Judg to pronounce true judgment if he be hired thereunto by any reward, or bribe. Where there|fore neither worldly plea&s;ure, profit, love, feare, hate, nor any &s;ublunary thing, (but it may be lo&s;s to all the&s;e) do not move a man to the doing or not doing of what in con&s;cience he ought to do or forbear; there nothing le&s;s then Gods grace and power in &s;uch a man, can be the true and efficient cau&s;e of &s;uch an action.</P>
<P N="6">6. It is a mo&s;t admirable thing to con&s;ider how (notwith&s;tanding all <NOTE PLACE="marg">Why only Man can do virtuous Actions.</NOTE> the various natures, di&s;po&s;itions, and events of things) this one Providence, fore&s;ees and provides for all created things in the whole univer&s;e, until &s;he brings them all to their de&s;igned end. Nor does this providence fore&s;ee and provide for all things from an eternal, and fatal decree impelling all actions of all creatures. For then there could be no &s;uch thing as good, or bad
<PB N="134" REF="131"> men, but God were the efficient cau&s;e of vice, as well as virtue in men, but by a mean fore&s;ight or knowledg does often determin nece&s;&s;ary effects from con|tingent cau&s;es. Which does not only plainly appear from very many places of Scripture, as that the men of <HI>Keilah</HI> would have delivered <HI>David</HI> if he <NOTE PLACE="marg">1 Sam. 23. 12.</NOTE> had not e&s;caped thence; that God would have de&s;troyed <HI>Niniveh</HI> within forty daies, if the men had not repented; that God would have gathered the children of <HI>Jeru&s;alem</HI> together as a Hen gathereth her Chickens, but <NOTE PLACE="marg">Matth. 23. 27.</NOTE> they would not; that if the mighty works had been done in <HI>Tire</HI> and <HI>Sidon,</HI> which were done in <HI>Chorazin,</HI> they had repented in du&s;t and a&s;hes, &amp;c. <NOTE PLACE="marg">Matth. 11. 21.</NOTE> but al&s;o all Gods promi&s;es and cur&s;ings upon men do depend upon their obe|dience, or di&s;obedience to what he commands. And however this rigid opinion of Fate, and the eternal determination of all things be a&s;&s;erted by the Stoicks; yet do not I think that the mo&s;t wicked man that ever was, did ever attribute any wicked action to any &s;uch cau&s;e; but pretended con|&s;cience, plea&s;ure, profit, or his own will (never Gods.) It is true indeed that God hath made man in fle&s;h and blood, and &s;o prone to de&s;ire many things which he ought not: But though diver&s;e men do naturally affect and de&s;ire things they ought not; yet God hath &s;o made every man a free Lord of all his actions, that there is no man but may chu&s;e whether he will do, or not any thing to the attaining of his appetitions and affections. And mans excellency above other creatures con&s;i&s;ts in this, that his actions are not de|termined by his objects, as other creatures are; but he may freely do this action, as it is moved in him from the appetition of plea&s;ure, profit, pride, &amp;c. or ab&s;tain from it as he apprehends it forbidden by him who may forbid: And &s;o may any man freely do or endeavor to do any thing which he ought to do, though to his temporal di&s;advantage, (but this having no Temporal motive, mu&s;t proceed from Gods grace) which no creature upon earth can do but only man; only man therefore can do virtuous actions.</P>
</DIV3>
<DIV3 N="3" TYPE="chapter">
<HEAD>CHAP. III. Of Judgment.</HEAD>
<P N="1">1. JUdgment is the definitive of him who by right commands, permits, <NOTE PLACE="marg">What is Judg|ment.</NOTE> or forbids a thing, either by him&s;elf or in&s;trument, whether any thing be done conformable to a Law commanding, permitting, or forbidding it.</P>
<P N="2">2. Herein judgment differs from a Law. A Law is the declared will of <NOTE PLACE="marg">How it differs from a Law.</NOTE> him who by right commands, permits, or forbids a thing, together with a penalty annext for not ob&s;ervance, after &s;ome rea&s;onable time fixt whereby the obliged may take notice of &s;uch declaration. Judgment is the &s;encence of him who &s;o commands, forbids, or permits, whether &s;uch an act were an omi&s;&s;ion or tran&s;gre&s;&s;ion of any Law &s;o declared.</P>
<P N="3">3. Ju&s;tice is the upright doing of any ju&s;t or legal action, conformable to the Law of him who by right commands: Judgment is the di&s;cerning of <NOTE PLACE="marg">How Judg|ment differs from Ju&s;tice.</NOTE> a good or bad action.</P>
<P N="4"><PB N="135" REF="131"> 4. All judgment mu&s;t nece&s;&s;arily be the act of three per&s;ons at lea&s;t, <NOTE PLACE="marg">What per&s;ons are nece&s;&s;ary in Judgment.</NOTE> <HI>viz.</HI> the Judge, the accu&s;er, and the party accu&s;ed, or as we &s;ay, the Judge, the Plaintiff, and Defendant.</P>
<P N="5">5. The end or <HI>ratio finalis</HI> of Judgment, is either to determine differen|ces, <NOTE PLACE="marg">The end of Judgment.</NOTE> or puni&s;h offenders.</P>
</DIV3>
<DIV3 N="4" TYPE="chapter">
<HEAD>CHAP. IV. Of Equity.</HEAD>
<P N="1">1. EQuity is twofold, either a remi&s;&s;ion or moderation of the Laws <NOTE PLACE="marg">How mani|fold is Equity.</NOTE> when the execution of Laws will rather kill then cure a di&s;temper in the Subject; as when many Subjects either upon pa&s;&s;ion, or being &s;educed, have &s;o far tran&s;gre&s;&s;ed Laws, that they have for|feited by Law their lives and e&s;tates; yet in &s;uch ca&s;e are not &s;upream powers rigidly to exact all which the Law gives them, but it is equity &s;o to puni&s;h the principal Authors, and other Subjects, that others may be deterred from the like, and the generality offending, pre&s;erved. So where the Law commands upon penalty, and it becomes impo&s;&s;ible for the Subject to per|form, (as it ever was, and will be) there it is equity to remit the penalty. Where therefore the Law obliges a Tenant to pay his Landlord &s;uch a Rent, yet if by inundation of waters, &s;terility of the &s;ea&s;on, &amp;c. it comes to pa&s;s that the Tenant by no fault of his, either cannot, or it will be the ruine of him&s;elf and family, to pay it, there it is equity in the Landlord to re|mit, or moderate what by Law he might ju&s;tly exact.</P>
<P>Or &s;econdly, a &s;upplement of the Law in ca&s;es wherein things in con|&s;cience ought to be done, yet for want of &s;ome formalities, or niceties they cannot in &s;trictne&s;s of Law be exacted.</P>
<P N="2">2. Equity is, when with a &s;incere intention, men (although it be to <NOTE PLACE="marg">How Equity differs from Judgment.</NOTE> their prejudice) endeavor to plea&s;e God. Judgment, a giving &s;entence ac|cording to Laws.</P>
<P N="3">3. In Courts of Judicature, the Judges proceed according to the declared <NOTE PLACE="marg">The nece&s;&s;ity of Courts of Equity.</NOTE> Laws, and ought not in judgment to vary or &s;werve from them, but proceed as they are impowred by Law and their Commi&s;&s;ion; and Laws are made u&s;ually <HI>ad terrorem,</HI> rather to affright men, then to puni&s;h all offenders; which Laws were they not moderated, it were impo&s;&s;ible for all men to &s;ub&s;i&s;t under the burden of them; nor is there any man but has need of Gods mercy, and the Kings. Courts of Equity therefore are as nece&s;&s;ary, as Judi|cial.</P>
</DIV3>
</DIV2>
<TRAILER>The end of the Fourth Book.</TRAILER>
</DIV1>
<DIV1 N="5" TYPE="book">
<DIV2 TYPE="table of contents">
<PB N="136" REF="132">
<HEAD>The Contents of the Fifth Book.</HEAD>
<P>HAving before treated of the Cau&s;es of all Regal and Eccle&s;ia&s;tical power; and having in the la&s;t Chapter of the Third Book treated of the Laws and Civil Government of this Nation, being the exerci&s;e of Regal power in reference to the publick pre&s;ervation of Peace and Society in it: In this Fir&s;t Chap. we &s;hall treat how far Eccle&s;ia&s;tical power has been exerci&s;ed in this Nation, and by whom; Whether originally the <HI>Britanick</HI> and <HI>Engli&s;h-Saxon</HI> Churches were free, or &s;ubject to the Papal power, <HI>quoad exercitium?</HI> And whether as well before the Conque&s;t, as after, the Kings of this Nation were not Nur&s;ing Fathers to the Church of Chri&s;t? And whether always before the Conque&s;t, the Royal Government did not extend as well to the Per&s;ons, as Po&s;|&s;e&s;sions of Eccle&s;ia&s;tical per&s;ons? And whether all Bi&s;hopricks were not origi|nally of the Kings foundation?</P>
<P>In the reciting the Eccle&s;ia&s;tical Laws made by the Kings and Queens of this Realm, we &s;hall ob&s;erve three periods, <HI>viz.</HI> The Eccle&s;ia&s;tical Laws made by the Kings of <HI>England</HI> before the Conquest; The Laws made by the Con|queror and &s;ub&s;equent Kings, until <HI>Henry</HI> the Eighth; And la&s;tly, the Laws made by him, and the Kings and Queens after him, until the end of King <HI>Charls</HI> his Reign.</P>
<P>Note <HI>(good Reader)</HI> that in the reciting of the&s;e Laws, I do not affirm that the&s;e Laws made by the Kings of this Realm, did never incroach upon that Gho&s;tly power which our Saviour by Divine po&s;itive in&s;titution left only to his Church; and therefore make no con&s;truction upon them, but only when they are recited and objected as Authorities against that Power. My de&s;igne is to &s;hew, (having already demon&s;trated, that by the Law of Nature, the per&s;ons of all Sub|jects born in the dominion of rightful Kings, are their natural Subjects; which is an indelible character, and can never be wa&s;hed out; and therefore Subjects being Eccle&s;ia&s;tical per&s;ons, cannot free them from it: And that all priviledges and endowments which Eccle&s;ia&s;tical per&s;ons enjoy be&s;ides their gho&s;tly power, is cre|ated by the King:) That the exerci&s;e of the Kings power over the per&s;ons and po&s;&s;e&s;sions of Eccle&s;iasticks, as al&s;o Laws made by them for the order and pre|&s;ervation of the extern peace of the Church, is no new thing, as hath been by &s;ome objected.</P>
</DIV2>
<DIV2 N="5" TYPE="book">
<PB N="137" REF="132">
<HEAD>THE FIFTH BOOK.</HEAD>
<DIV3 N="1" TYPE="chapter">
<HEAD>CHAP. I.</HEAD>
<HEAD TYPE="sub"><HI>How far the Kings, Popes, and Bi&s;hops of</HI> England <HI>have exerci&s;ed their Spiritual Juri&s;diction in</HI> England <HI>before</HI> Henry <HI>the Eighth.</HI></HEAD>
<P>_IT cannot, &s;ure, be rea&s;onably denied <NOTE PLACE="marg">Apology.</NOTE> by any man, but that Ignorance is the mother of all Error; nor is any man better in any kind what&s;oever, for being innurtured or ignorant: We daily &s;ee no where more feuds <NOTE PLACE="marg">If learning or knowledge were the cau&s;e of di&s;|&s;entions or di&s;tractions, how then comes it to pa&s;s that all di&s;&s;entions are determi|ned by learn|ed and know|ing men, or el&s;e they would be endle&s;s?</NOTE> and di&s;&s;entions, then among igno|rant and mean men; which, were there not Laws to decide their dif|ference, would be endle&s;s, and Man|kind left in a wor&s;e condition then any other creatures. Nor is Edu|cation and Learning any cau&s;e of the di&s;&s;entions and debates which ari&s;e among learned, and better edu|cated men; but &s;ome internal cau&s;e proceeding from pride, or &s;ome other appetitions or affection in them. And though Education and Learning does not totally alter mens natures from bad to good; yet does it &s;often mens manners, and makes them not to be &s;o bruiti&s;h as tho&s;e who are de&s;titute of Learning and Civil breeding: For,</P>
<Q><L>&mdash;Didici&s;&s;e fideliter Artes,</L>
<L>Emollit mores, nec &s;init e&s;&s;e feros.</L></Q>
<PB N="138" REF="133">
<P> It is true indeed, that in that &s;tate in which God hath placed all men here, they do not &s;ee all things truly; but men are, and always were, and will be &s;ubject to humane error and frailty; and in many things (notwith|&s;tanding all the arts and helps which can be devi&s;ed) men will never be reconciled. But that men &s;hould therefore condemn all Science and Learn|ing, is like to a man that, if he &s;ees and hears not all things di&s;tinctly and clearly, (although it may be he &s;ees and hears well enough to do things which are nece&s;&s;ary for his con&s;ervation) that therefore he will put out his eyes, and have his ears always &s;topped. Nor &s;hall ever ignorance of any mans duty, totally excu&s;e him for his not ob&s;ervance of Laws, be they Divine or Humane: Nor &s;hall the blind belief of Subjects in their Superi|ors, whether Eccle&s;ia&s;tical or Temporal, ever totally excu&s;e them from tho&s;e things which are due, and they believe that they owe to God. I am not &s;o very a <HI>Hobbian,</HI> as to believe that it is impo&s;&s;ible for Supreme powers to command any thing contrary to the Law of Nature; nor yet &s;o very a <HI>Papalian,</HI> as to think that the Pope is infallible: E&s;pecially &s;ince it is evi|dent, that <HI>Aarons</HI> joining with the people in their idolatry, did not excu&s;e <NOTE PLACE="marg">Exod. 32.</NOTE> the <HI>I&s;raelites</HI> of old; nor did the command of both King and Prie&s;ts ever under the Old Law excu&s;e the &s;ubject <HI>I&s;raelites</HI> from Gods judgments upon them for their idolatry. Nor is this very opinion of them in the Church of <HI>Rome,</HI> of the Popes infallibility, believed by them&s;elves, however urged again&s;t others who are not of her communion: For then were not only General Councils &s;upervacaneous and u&s;ele&s;s things, but al&s;o there could be no difference among them which is &s;uperior, a Pope, or General Council. Nor do they le&s;s deny it in their practice, then their opinion: For when <HI>Sixtus Quintus</HI> had excommunicated (9 <HI>Sept.</HI> 1585.) the King of <HI>Navar</HI> and Prince of <HI>Conde,</HI> and as he affirmed, made them uncapable of &s;ucce&s;&s;ion to the French Monarchy; yet were mo&s;t part of the French troubled at it, doubting the Priviledges of the Gallic Church would be trodden under foot, (which they needed not have doubted or feared, if they had believed the Pope to have been infallible;) and all the Parliament of <HI>Paris</HI> (who were all of the Church of <HI>Rome)</HI> de&s;ired the King, <HI>Henry</HI> the Third, to have the Bull torne in pieces, as you may read, <HI>Davila</HI> 575. And the Par|liaments of <HI>Chalons</HI> and <HI>Tours</HI> did not only decree the Bull of <HI>Gregory</HI> 14. to the Prelates and Catholiques of the Kings party, (under pain of Ex|communication, of being deprived of their Dignities and Benefices, and of being u&s;ed as Hereticks and Sectaries, that within a certain time they &s;hould withdraw them&s;elves from tho&s;e places that yielded obedience to <HI>Henry</HI> of <HI>Bourbon,</HI> and from the union and fellow&s;hip of his Faction) to be publikely burnt; but it was &s;o far rejected and &s;corned by the very Prelates and all other Catholiques of the Kings party, that it did extreamly confirm them all in the Kings obedience, being before un&s;etled and inclining to the Cardinal of <HI>Bourbons</HI> faction; as you may read more at large in the Twelfth book of <HI>Davila's</HI> Hi&s;tory.</P>
<P>But it may be they will &s;ay, That this was not in matter of Faith, and that the Popes infallibility is affixed to Faith. Yet this can be no objection by tho&s;e men, who a&s;cribe all infallibility to the Pope, and that all his Acts and Decrees are to be received and obeyed, by an implicite faith, as Divine oracles. Well, but &s;uppo&s;e the&s;e determinations of the Pope were not concerning matters of Faith, (as no doubt they were not) then how comes
<PB N="139" REF="133"> the Pope, becau&s;e he is infallible in the Faith, that he takes upon him to be Judge and Determiner of tho&s;e things, which no ways appertain to it, but are as much where Chri&s;tianity is not planted, as where it is.</P>
<P><LABEL>Object.</LABEL> Yet it will be objected, <HI>That if the Church be not Judge of what conduceth to the peace and &s;afety of the Kingdom and Church, then who &s;hall? and &s;o fare|well to all Government, and peace in Church or State.</HI></P>
<P>But before I an&s;wer this <HI>Quaere,</HI> I would be re&s;olved one Que&s;tion, or two: Who &s;hall be Judge whether the Pope, or a General Council be &s;uperior? Who &s;hall judge whether in any Determination of the Popes, it be concerning matter of Faith or not? or whether it be determined <HI>in Gathedra</HI> or not? In the many Schi&s;mes of the Papacy, who &s;hould judg who was the true Pope? or who &s;hall judg whether <HI>Alexander</HI> the tenth be now the true Pope? or who ever gave the Cardinals (who were an humane in&s;titution many hundred years after our Saviour) this power of Election of the Pope, that who&s;oever they &s;hould &s;o elect &s;hould be univer&s;al Bi&s;hop, and St. <HI>Peters</HI> &s;ucce&s;&s;or?</P>
<P>Although I might ju&s;tly in&s;i&s;t hereupon, nor can the&s;e things upon the&s;e mens principles, who maintain the Popes infallibility, (at lea&s;t in my under&s;tanding) be &s;olved; and &s;o are they, for all their boa&s;t of unity among them&s;elves in as much confu&s;ion and di&s;&s;ention even in their very princi|ples, as other men; yet am not I a&s;hamed to give an account of my obedience both to my Church and King.</P>
<P><LABEL>An&s;wer.</LABEL> I &s;ay, that God hath made man a &s;ociable, intellectual, and rea&s;onable creature, and endewed him with an immortal &s;oule potentially capable of eternal happine&s;s. Nor will God be &s;erved by man, having &s;o made him, only by a ba&s;e &s;ervile feare, and without the intellectual and rational fa|culties of the &s;oule, and therefore has engraven by nature in the heart of every man, certain rules by which he is to direct his actions, which are the fir&s;t principles and foundations upon which I honor my Parents, King, and them who are &s;et over me for my direction, in order to my eternal good. And although that out of the Church, and not being pre&s;erved by humane Laws, I can neither hope for &s;afety in this world, nor &s;alvation in the world to come; yet who he is, from whom all humane Laws are derived, or what is the Church in which I mu&s;t hope for &s;alvation, there is no vi&s;ible Judge un|der Heaven, but only mens con&s;ciences to direct them, <HI>viz.</HI> tho&s;e di|rections which God either by nature has given to men, or revealed &s;uper|naturally in the Scriptures. Nor does a mans con&s;cience thus informed, leave him after it be informed who it is from whom he ought to expect protection, and to whom he owes his obedience, as well &s;pirituall as tem|poral; for though there be no vi&s;ible means for men to hope for peace in Church or State, yet does it not follow, that by all men, all things which may be commanded for the Laws of the Church and State, are to be ob|&s;erved as the Laws of Church and State; as if the Church command men to wor&s;hip Images, or any creature for the Creator (which under the old Law it many times did, nor do I under&s;tand how it can be excu&s;ed in the Church of <HI>Rome)</HI> or if men be commanded by higher powers, immoral things, as to di&s;honor them, or their Parents; or whenas temporal powers command things plainly derogatory to the gho&s;tly power of the Church; or the Church commands things contrary to the duty men owe to their King and Country, which we daily &s;ee both the one, and the other do, which makes &s;ome men in their pa&s;&s;ion ultimately re&s;olve their Temporal
<PB N="140" REF="134"> and Eccle&s;ia&s;tical obedience into the Church; others into the &s;ecular power: and many deny all obedience to either, and &s;et up them&s;elves, or &s;ome|thing el&s;e in &s;tead of either. But though mens affections carrie them &s;eve|ral waies, yet ought not all rea&s;on therefore and con&s;cience to for&s;ake all men; for although I ought not to judge either King, or Church, if they command any thing they ought not, yet have I and every man el&s;e a con|&s;cience to direct them whether I ought to do all things what&s;oever com|manded by King or Church. Nor ought men to be frighted out of their con&s;ciences, <HI>viz.</HI> the Law of God by nature informing them, or his Law &s;upernaturally revealed, by his grace directing them, becau&s;e a perver&s;e com|pany of Schi&s;matical and &s;editious men, have abu&s;ed all Temporal and Eccle&s;ia&s;tical Laws and Powers, by pretending con&s;cience. Nor will a blind obedience in all things to the Church of <HI>Rome</HI> cau&s;e unity and peace among Chri&s;tians, although it be &s;o much magnified by them: for let any man read the lives of <HI>H.</HI> 4. 5. 6. and 7. and <HI>Frederick</HI> 1. and 2. Emperors, when|as the whole Empire was of the <HI>Roman</HI> Catholick Religion, and &s;ee if ever greater broyles were in the Chri&s;tian World, and let them judge whether Obedience to the Popes by &s;o great a part of the Empire, were not the cau&s;e of them? or whether all the Wars in Chri&s;tendom cau&s;ed by <HI>Boniface</HI> the eight, and <HI>Julius</HI> the &s;econd, were not again&s;t Chri&s;tians in the communion and form of the Church of <HI>Rome?</HI></P>
<P>But where &s;ecular or eccle&s;ia&s;tical Laws do plainly command things, not plainly derogatory to Gods Law, (for where they do, God is in all things to be obeyed before man) &s;o as it is doubtful whether they do repugne Gods Law or not, then certainly the be&s;t way is to &s;ubmit to them; for a mans con&s;cience wrong informed does not excu&s;e him from any Article of his duty; and if it may be the Laws do repugne Gods Law, it may be they do not; and in controverted and doubtful ca&s;es, the Law is alwaies pre&s;umed to be on the Governors part. Nor &s;hall any mans con&s;cience ever excu&s;e him, if the Laws either of Church or Country do command things repugnant to Gods word, from the duty and obedience he owes to them in all things, where they do not repugne it. Nor does it free any man from his &s;ubjection to higher power, but where he cannot &s;ubmit, he ought to &s;uffer. And no que&s;tion that where two evils unavoidable happen, the lea&s;t is to be taken; as if a man in the communion of the Church of <HI>Rome,</HI> be reduced to that nece&s;&s;ity of &s;imply conforming him&s;elf to all things u&s;ed in the Church of <HI>Rome,</HI> although his con&s;cience cannot dige&s;t many things, or be excluded out of the vi&s;ible Church of Chri&s;t, he had better be of &s;uch a Church, then of none at all.</P>
<P>Sure God never affixt &s;uch infallibility to men how great or good &s;oever, that &s;imple and blind obedience &s;hould be alwaies given to their Laws; as if there were neither Laws of God, or any to whom they were given, intel|lectual or rea&s;onable creatures. And though no man ought to cen&s;ure, much le&s;s to reproach the actions of his &s;uperior, yet are no mens actions &s;o cen|&s;ured, as great mens, and &s;o much the more by how much the greater they are: for,</P>
<Q><L>Omne animi vitium, tanto con&s;pectius in &s;e <NOTE PLACE="marg">Iuvenal.</NOTE></L>
<L>Crimen habet, quanto major qui peccat habetur.</L></Q>
<PB N="141" REF="134">
<P> And if <HI>Sabinianus</HI> were &s;o malitious a detractor from the works of St. <HI>Gregory;</HI> if <HI>Bonifacius</HI> the eight u&s;ed &s;uch undue means for the attaining the Papacy; if <HI>Gregory</HI> the &s;eaventh were &s;o wicked as the Council of <HI>Brixia</HI> makes him; if <HI>Alexander</HI> the &s;ixt were &s;o wicked a man as <HI>Platina</HI> makes him; if &s;o many decrees of the antecedent Popes have been abrogated by the &s;ub|&s;equent Popes; if <HI>Marcellinus</HI> burned Incen&s;e to Idols; if <HI>Liberius</HI> con&s;en|ted to the <HI>Arrians,</HI> and gave his &s;uffrage to the condemnation of St. <HI>Athana|&s;ius;</HI> if <HI>Honorius</HI> were condemned for a Monothalite by the &s;ixth general Council; if <HI>John</HI> 22. were condemned by the Divines of <HI>Paris</HI> for teach|ing that the &s;oules of the ju&s;t &s;hall not &s;ee God untill the general re&s;ur|rection; then is it not po&s;&s;ible, but that either contradictions are no contra|dictions, but the &s;ame things, or the Popes have not alwaies been infallible. But it is more then time to return to the que&s;tion.</P>
<P N="1">1. That St. <HI>Paul</HI> did preach the Go&s;pel here in <HI>England,</HI> is affirmed by <NOTE PLACE="marg">By whom Chri&s;tian Faith was fir&s;t preached, and a Church planted in <HI>Britain. Lib.</HI> 2. <HI>cap.</HI> 40.</NOTE> <HI>Theodo. lib.</HI> 9. <HI>de curandis Graecorum affectibus: Paulum &egrave; priori captivitate Roma dimi&s;&s;um, Britannis &amp; aliis in Occidente Evangelium predica&s;&s;e.</HI> And <HI>Nice|phorus</HI> &s;aies that <HI>Simon Zelotes Doctrinam Evangelii ad Occidentalium oce|anum in&s;ula&s;que Britannicas perfert.</HI> But that ever a Chri&s;tian Church was planted in this I&s;land, before that at the reque&s;t of King <HI>Lucius</HI> (in the reign of <HI>Commodus,</HI> and not of <HI>Marcus Aurelius,</HI> and <HI>Lucius Verus,</HI> as <HI>Beda</HI> &s;aies) <HI>Elutherius</HI> &s;ent <HI>Fugatius</HI> and <HI>Damianus,</HI> I do no where find; for not only the &s;uper&s;tition of the <HI>Druides</HI> was publickly profe&s;&s;ed, but after that a Chri&s;tian Church was planted, <HI>Lucius</HI> converted the three <HI>Archiflamines</HI> of <HI>London, York,</HI> and <HI>Carleton</HI> into Archbi&s;hopricks, and the other <HI>Flamines</HI> <NOTE PLACE="marg"><HI>Platina in vi|ta St.</HI> Eleu|therii.</NOTE> into Bi&s;hopricks. Yet that ever after the Bi&s;hop of <HI>Rome</HI> did claim any power or juri&s;diction of the&s;e <HI>British</HI> Churches, I no where find; nay the contrary is very probable; for they not only adhered in the ob&s;ervation of <HI>Ea&s;ter</HI> to the Ea&s;tern Church, from St. <HI>Johns</HI> ob&s;ervation thereof at <HI>Ephe&s;us,</HI> and not according to the determination of <HI>Pius, Anicetus,</HI> and <HI>Soter</HI> Bi&s;hops <NOTE PLACE="marg"><HI>Beda lib.</HI> 2. <HI>cap.</HI> 2.</NOTE> of <HI>Rome;</HI> but al&s;o the <HI>Briti&s;h</HI> Bi&s;hops when <HI>Augu&s;tine</HI> was &s;ent by St. <HI>Gregory</HI> to preach, and convert the Engli&s;h <HI>Saxons</HI> to Chri&s;tianity, did refu&s;e to acknowledg any &s;uperiority from him, nor by any per&s;wa&s;ion or command of him would, or could leave their ancient u&s;ages without con&s;ent of their fellowes, as a man may &s;ee in <HI>Beda.</HI> Nor were the&s;e Bi&s;hops in tho&s;e daies <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 2.</NOTE> ever e&s;teemed (nay not by <HI>Beda</HI> him&s;elf, as much a reverencer as he was of the Church of <HI>Rome)</HI> Hereticks, or Schi&s;maticks, and out of the Pall of the <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 2.</NOTE> Church, &amp;c. but right Catholick and godly men.</P>
<P N="2">2. That the Engli&s;h <HI>Saxons</HI> after they had driven the antient <HI>Britains</HI> <NOTE PLACE="marg">The conver+&s;ion of the Engli&s;h <HI>Sax|ons,</HI> by the Pope <HI>Gregory</HI> the great.</NOTE> not only out of all that part of <HI>Britain,</HI> which is now called <HI>England,</HI> &s;ome into <HI>Britaigne</HI> in <HI>France</HI> called <HI>Britania Aremorica</HI> (from whence it is &s;up|po&s;ed that Country took its denomination) others into <HI>Wales;</HI> but al&s;o Chri&s;tianity it &s;elf; and them&s;elves continued <HI>Pagan</HI> untill they fir&s;t received the Faith by the preaching of <HI>Augu&s;tine,</HI> and <HI>Miletus</HI> &s;ent by <HI>Gregory</HI> the great; is con&s;onant to all the Hi&s;tories of the Church, nor does to me ap|pear any colour of Rea&s;on, or Authority to the contrary.</P>
<P N="3">3. But that St. <HI>Gregory</HI> did not at that time arrogate to him&s;elf the <NOTE PLACE="marg">Neither St. <HI>Gregory</HI> nor any of his pre|dece&s;&s;ors did a&s;&s;ume the title of head of the Church.</NOTE> Title either of univer&s;al Bi&s;hop, head of the Catholick Church, or any &s;uperiority over Temporal Princes, is as clear as if it were written with a &s;un-beam. For in the conte&s;t between St. <HI>Gregory,</HI> and <HI>John Jejunator</HI> Bi&s;hop of <HI>Con&s;tantinople</HI> about &s;uperiority, univer&s;al Bi&s;hop and head of the
<PB N="142" REF="135"> Church. <HI>Gregory</HI> &s;ays in his Epi&s;tle to <HI>Mauritius, Nullus Romanorum Ponti|ficum hoc &s;ingularitatis nomen a&s;&s;ump&s;it; nullus Praedece&s;&s;orum meorum hoc tam profano vocabulo uti con&s;en&s;it:</HI> None of all the Bi&s;hop<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> of <HI>Rome</HI> ever took upon him this name of &s;ingularity <HI>(viz.</HI> of Univer&s;al Bi&s;hop) none of my Predece&s;&s;ors would ever u&s;e this prophane &s;tile. <HI>Et univer&s;a Eccle&s;ia corruit, quando is qui appellatur univer&s;alis cadit;</HI> The whole Church falleth, when he which is called Univer&s;al Bi&s;hop, falleth. <HI>Et nos hunc honorem oblatum nolumus recipere;</HI> We would not accept of this honor offered unto us. <NOTE PLACE="marg"><HI>Epi&s;t.</HI> 80.</NOTE> And in his Epi&s;tle to <HI>John</HI> claiming to him&s;elf this title, he &s;ays, <HI>Tu quid Chri&s;to univer&s;alis eccle&s;iae capiti, in extremi judicii dicturus es examine, qui cuncta ejus membra tibimet conaris Univer&s;alis appellatione &s;upponere?</HI> What an&s;wer wilt thou make to Chri&s;t the Head of the univer&s;al Church, at the trial of the la&s;t Judgment, which thus by the name of Univer&s;al Bi&s;hop &s;eeke&s;t to make all his members &s;ubject unto thee? And unto <HI>Ana&s;ta&s;ius</HI> Bi&s;hop of <HI>Antioch</HI> he writes, <HI>Ut de honoris ve&s;tri injuria taceam, &s;i unus e|pi&s;copus</HI> <NOTE PLACE="marg"><HI>lib.</HI> 6. <HI>ep.</HI> 188.</NOTE> <HI>vocatur univer&s;alis, univer&s;a eccle&s;ia corruit; &s;i unus, univer&s;us cadit:</HI> Not to &s;peak of the injury done to your honor, if one Bi&s;hop be called univer&s;al, then if that one univer&s;al Bi&s;hop goes down, the whole Church falleth. And afterward, <HI>Vos eandem cau&s;am nullam dicere non debetis, quia &s;i hanc aequanimiter portamus, univer&s;ae eccle&s;iae fidem corrumpimus:</HI> Ye ought not to &s;ay, it is a bu&s;ine&s;s of no importance; for if we patiently abide the&s;e things, we de&s;troy the faith of the whole Church. And comparing the pride of this Name with the pride of Antichri&s;t, he &s;ays, <HI>Nunquid non! cum &s;e Antichri&s;tus veniens Deum dixerit, frivolum valde erit? &s;ed tamen nimis pernicio&s;um. Si quantitatem vocis attendimus, duae &s;unt &s;yllabae; &s;i pondus</HI> <NOTE PLACE="marg"><HI>lib.</HI> 6. <HI>ep.</HI> 194.</NOTE> <HI>iniquitatis, univer&s;a pernicies.</HI> And <HI>lib.</HI> 4. <HI>ep.</HI> 33. he &s;ays, <HI>In i&s;to &s;celesto vo|cabulo con&s;entire, nihil aliud est quam fidem perdere:</HI> To con&s;ent to this wicked Name, is nothing el&s;e but to lo&s;e the Faith. This and much more you may read in <HI>lib.</HI> 4. <HI>ep.</HI> 80. &amp; <HI>ep.</HI> 99. and in S. <HI>Gregory's epi&s;t.</HI> to <HI>Eulogius</HI> Patriarch of <HI>Alexandria.</HI> Howbeit <HI>Boniface</HI> the Third, within le&s;s then three years after the death of S. <HI>Gregory,</HI> did a&s;&s;ume the title of Univer&s;al Bi&s;hop and Head of the Church, but rather by the donation of <HI>Phocas</HI> (who had no more right to give it, then the Parliament had to give <HI>Henry</HI> the Eighth the Head of the Church of <HI>England,</HI> nor had <HI>Phocas</HI> any colour of title to the Empire) and have continued it ever &s;ince.</P>
<P N="4">4. S. <HI>Gregory</HI> in his 76. Epi&s;tle to the Emperor <HI>Maurice,</HI> &s;ays, <HI>Nunquid</HI> <NOTE PLACE="marg">Neither S. <HI>Gregory</HI> nor his predece&s;|&s;ors did claim &s;uperiority over Tempo|ral Princes.</NOTE> <HI>ego in hac re, pii&s;sime Domine, propriam cau&s;am defendo?</HI> Do I herein defend mine own cau&s;e, O gracious Lord? And, <HI>Dominus meus fui&s;ti, quando ad|huc Dominus omnium non eras: ecce per me &s;ervum ultimum &s;uum, &amp; ve&s;trum, re&s;pondebit Chri&s;tus:</HI> You were then my Lord, when you were not Lord of all <HI>(viz.</HI> the Empire) behold, Chri&s;t him&s;elf &s;hall an&s;wer by me who am his, and your meane&s;t &s;ervant. And when the Emperor <HI>Maurice</HI> had made a law, That no Soldier &s;hould turn Monk, until his warfare were ended; <NOTE PLACE="marg"><HI>G<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">eg. ad Man<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">. Aug. lib</HI> 3. <HI>e<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">.</HI> 61.</NOTE> <HI>Gregory</HI> di&s;liked the law, and gave the Emperor this &s;en&s;e of it: <HI>Ego quidem mi&s;sioni &s;ubjectus eandem legem per diver&s;as terrarum partes tran&s;mitto, &amp; quia lex ip&s;a omnipotenti Dec minime concordat, ecce per &s;uggestionis meae pagi|nam dominis nunciavi; utrobique ergo quae debui exolvi, qui &amp; Imperatori obe|dientiam praebui, &amp; pro Deo quid &s;en&s;i, minime tacui:</HI> I being &s;ubject to your command, have tran&s;mitted your Law to be publi&s;hed through divers parts <NOTE PLACE="marg"><GAP DESC="illegible" RESP="UOM" EXTENT="1 word">. 2. <HI>ep.</HI> 61.</NOTE> of the world; And becau&s;e the Law it &s;elf is not plea&s;ing to Almighty
<PB N="143" REF="135"> God, I have repre&s;ented my opinion thereof to my Lords; whereforee I have performed my duty on both &s;ides, in yielding obedience to the Em|peror, and not concealing what I thought for God. And <HI>Boniface</HI> the Fir&s;t &s;ent an humble &s;upplication to <HI>Honorius,</HI> de&s;iring him by his authority to provide &s;ome remedy again&s;t the ambitious contention of the Clergy con|cerning the Bi&s;hoprick of <HI>Rome.</HI> The Emperor <HI>Honorius</HI> at his reque&s;t e&s;ta|bli&s;hed <NOTE PLACE="marg"><HI>Di&s;t.</HI> 92. <HI>cap. Eccle. cap. Victor.</HI></NOTE> a law, That none &s;hould be made Bi&s;hop of <HI>Rome</HI> through ambition, charging all Eccle&s;ia&s;tical Mini&s;ters to cea&s;e from ambition; appointing moreover, that if two were elected, neither of them &s;hould be taken, but the election to proceed further to another to be cho&s;en by a full con&s;ent of voices, as it is expre&s;&s;ed <HI>di&s;t.</HI> 79. <HI>cap. Si duo.</HI> If then S. <HI>Gregory</HI> him&s;elf were &s;o zealous an oppo&s;er of Univer&s;al Bi&s;hop and Head of the Church, and to that purpo&s;e introduced that &s;entence of <HI>Servus &s;ervorum Dei,</HI> to deter all &s;ub&s;equent Bi&s;hops of <HI>Rome</HI> from &s;uch arrogance: And if S. <HI>Gregory</HI> did acknowledge him&s;elf &s;o humble a Subject to <HI>Maurice;</HI> and that <HI>Boniface</HI> the Fir&s;t did petition <HI>Honorius</HI> by his authority to provide again&s;t the irre|gularities in the very election of the Bi&s;hop of <HI>Rome,</HI> (there was no &s;uch thing in the&s;e days as Cardinals, and the Election of the Pope in the Con|clave) then &s;ure in the days of S. <HI>Gregory</HI> and before, neither did the Popes a&s;&s;ume this title of Head of the Church, nor a power of di&s;po&s;ing and transferring Kingdoms at their plea&s;ure. But, <HI>affirmanti incumbit probatio;</HI> and let any man that affirms either, prove either.</P>
<P N="5">5. That above one half of what is now called <HI>Britain,</HI> did retain the <NOTE PLACE="marg">Though S. <HI>Cregory</HI> were the fir&s;t, yet was he not the onely Converter of the Engli&s;h Saxons.</NOTE> Chri&s;tian faith, notwith&s;tanding the per&s;ecution of the <HI>Saxons,</HI> is &s;uffici|ently evident, if we con&s;ider <HI>Scotland</HI> and <HI>Wales,</HI> which always retained Chri&s;tianity &s;ince it was fir&s;t planted. Nor were the very <HI>Saxons</HI> them|&s;elves utterly de&s;titute of Chri&s;tianity: For, <HI>Berta</HI> the wife of <HI>Ethelbert</HI> King of <HI>Kent,</HI> and daughter to the French King, was tolerated to ob&s;erve the rites of Chri&s;tian religion with Bi&s;hop <HI>Luidhard;</HI> and this was before that S. <HI>Gregory</HI> was excited, or in&s;pired to undertake to preach to the Engli&s;h <HI>Saxons.</HI> It is true, that <HI>Ethelbert</HI> after his own conver&s;ion did endeavor to <NOTE PLACE="marg"><HI>Seld. Anae. Anglo. Brit. lib.</HI> 2. <HI>cap.</HI> 2. <HI>pag.</HI> 62.</NOTE> have planted the Chri&s;tian faith both in the Kingdoms of <HI>Northumberland</HI> and the <HI>Ea&s;t-Angles,</HI> with fair hopes of good &s;ucce&s;s for a &s;ea&s;on; but it took not effect; for within a &s;hort time both Kings and Kingdoms for|&s;ook their Religion, and apo&s;tated from Chri&s;t. The Kingdoms of the <HI>We&s;t-Saxons</HI> and of the <HI>South-Saxons,</HI> under <HI>Kingils</HI> their King (who did unite the Heptarchy into a Monarchy) were converted by the preaching <NOTE PLACE="marg"><HI>Speed</HI> in the Kings of the We&s;t-Saxons, <HI>an.</HI> 611. <HI>Beda lib.</HI> 3. <HI>cap.</HI> 4, 5. <HI>Idem lib.</HI> 3. <HI>cap</HI> 21. <HI>Speed</HI> in the Kings of the Ea&s;t-Angles, <HI>an.</HI> 636.</NOTE> of <HI>Berinus</HI> an <HI>Italian,</HI> by the per&s;wa&s;ions of <HI>O&s;wald</HI> King of <HI>Northumberland. O&s;wald</HI> King of <HI>Northumberland</HI> was baptized in <HI>Scotland,</HI> and Religion luckily planted in that Kingdom by <HI>Aidan</HI> a Scoti&s;h Bi&s;hop. <HI>Penda</HI> King of <HI>Mercia</HI> was converted, and Chri&s;tened by <HI>Finanus</HI> Succe&s;&s;or of <HI>Aidan,</HI> by means of a Marriage with a Chri&s;tian Prince&s;s of the Royal family of <HI>Northumberland. Sigibert</HI> King of the <HI>Ea&s;t-Angles,</HI> in who&s;e days, and by who&s;e means Religion took root among the <HI>Ea&s;t-Saxons,</HI> was converted and Chri&s;tened in <HI>France.</HI></P>
<P N="6">6. No &s;ooner was the name of Chri&s;t preached, but the Engli&s;h pre|&s;ently <NOTE PLACE="marg">The zeal of our Ance&s;tors upon their conver&s;ion&punc;</NOTE> with &s;uch fervent devotion and zeale con&s;ecrated them&s;elves unto Chri&s;t, that they took incredible pains in propagating Chri&s;tianity, in ce|lebrating Divine &s;ervice, performing all functions and duties of piety, build|ing Churches, and endowing them with rich livings, &s;o that there was not
<PB N="144" REF="136"> another Region in Chri&s;tendom that could make reckoning of more Mo|na&s;teries richly endowed; yea, and divers Kings there were, that preferred a religious and Mona&s;tical life, before their Crown and Kingdom. So that many holy men al&s;o this Land brought forth, which for their firm profe&s;&s;i|on of Chri&s;tian Religion, con&s;tant per&s;everance therein, and &s;incere piety, were canonized Saints, that it gave place to no Chri&s;tian Province in this behalf: And like as <HI>Britain</HI> was called by <HI>Porphyry,</HI> a plenteous province of Tyrants; &s;o <HI>England</HI> may be truly named, a mo&s;t fruitful I&s;land of Saints. <HI>Camb. Brit: tit. Angl. Sax.</HI></P>
<P N="7">7. The Bi&s;hop of <HI>Derry</HI> in his book of the Ju&s;t vindication of the Church <NOTE PLACE="marg">The Popes univer&s;al power was not received under the Engli&s;h Saxon Kings before the Conque&s;t.</NOTE> of <HI>England, pag.</HI> 57. does affirm, that not any of the petite <HI>Saxon</HI> Kings or their Subjects, though &s;ome of them indebted to S. <HI>Gregory</HI> for their Con|ver&s;ion, and all of them much weakened by their &s;evenfold divi&s;ion, (for at fir&s;t there was of &s;even Kings but only one who was a Chri&s;tian, namely the King of <HI>Kent;</HI> neither was it any of his progeny who afterward did unite the Heptarchy into a Monarchy) much le&s;s that any of the &s;ucceeding Kings of <HI>England,</HI> or of <HI>Great Britain,</HI> did ever make any &s;olemn, formal, or obliging acknowledgment of their &s;ubmi&s;&s;ion to the Church of <HI>Rome.</HI> But on the contrary, when <HI>Au&s;tin</HI> fir&s;t arrived in <HI>England,</HI> he &s;tayed in the I&s;land of <HI>Thanet</HI> until he knew the Kings plea&s;ure, and offered not to preach in <HI>Kent,</HI> until he had the Kings licence to preach throughout his Dominions, &amp;c. Neither was there any Appellant, from the Conver&s;ion of the Engli&s;h, (he &s;ays) to <HI>Rome,</HI> until <HI>Wilfrid</HI> Archbi&s;hop of <HI>York,</HI> who notwith&s;tanding <NOTE PLACE="marg"><HI>pag.</HI> 60.</NOTE> that he gained Sentence upon Sentence at <HI>Rome</HI> in his favor, and notwith|&s;tanding that the Pope did &s;end expre&s;s Nuntio's into <HI>England</HI> on purpo&s;e to &s;ee the Sentence executed, yet could he not obtain his re&s;titution, or benefit of his Sentence, for &s;ix years during the reigns of <HI>Egbert,</HI> and <HI>Alfred</HI> his &s;on: yea, <HI>Alfred</HI> told the Popes Nuntio's expre&s;ly, That he honored <NOTE PLACE="marg"><HI>Spelm. concil. an.</HI> 705.</NOTE> them as his Parents for their grave lives and honorable a&s;pects, but he could not give any a&s;&s;ent to their Legation; becau&s;e it was again&s;t rea&s;on, that a per&s;on twice condemned by the whole Council of the Engli&s;h, &s;hould be re&s;tored upon the Popes Letter. And after he &s;ays, That after <HI>Alfred</HI> and <NOTE PLACE="marg"><HI>pag.</HI> 62.</NOTE> <HI>Theodore</HI> were both dead, <HI>(Theodore</HI> was the Archbi&s;hop of <HI>York,</HI> that op|po&s;ed <HI>Wilfrids</HI> Donation from the Pope, and continued it &s;o long as he lived) we find the Sentence of the Pope, and <HI>Wilfrids</HI> Re&s;titution &s;till op|po&s;ed by the &s;urviving Bi&s;hops in <HI>Alfreds</HI> Sons reign, &amp;c. Neither were there any Appeals to <HI>Rome</HI> from that time until after the Conque&s;t, in the reign of <HI>Henry</HI> the Fir&s;t, by <HI>An&s;elm</HI> Archbi&s;hop of <HI>Canterbury.</HI></P>
<P N="8">8. See <HI>Comment. Lit. &s;ect.</HI> 648. <HI>pag.</HI> 344. where it appears by our <NOTE PLACE="marg">All Bi&s;hop|ricks were of the Kings foundation originally, and donative.</NOTE> books and divers Acts of Parliament, that at fir&s;t all the Bi&s;hopricks in <HI>England</HI> were of the Kings foundation, and Donative, <HI>per traditionem baculi (id e&s;t)</HI> the Cro&s;ier, which was the Pa&s;toral &s;taff, <HI>&amp; annuli,</HI> the ring where|by he was married to the Church. King <HI>Henry</HI> the Fir&s;t being reque&s;ted by the Bi&s;hop of <HI>Rome</HI> to make them elective, refu&s;ed it: But King <HI>John</HI> by his Charter bearing date <HI>quinto Junii, anno decimo &s;eptimo,</HI> <NOTE PLACE="marg">When they became eligi|ble, and by what power.</NOTE> granted that the Bi&s;hopricks &s;hould be eligible. So that all Bi&s;hopricks were not only at fir&s;t of the Kings foundation, and Donative, but after|wards became eligible from no other cau&s;e but the Kings Charter. </P>
<P N="9"><PB N="145" REF="136"> 9. That the &s;acred character of Prie&s;thood does not free men from <NOTE PLACE="marg">The Kings of <HI>England</HI> be|fore the Cou|que&s;t did exer|ci&s;e their Re|gal power over all per|&s;ons in all ca&s;es.</NOTE> the &s;ubjection due to the Laws of their Prince and Country, is not only evident by many examples in Sacred Writ, and by almo&s;t infinite precepts and examples of Go&s;pel, and holy Martyrs in primitive times, but al&s;o by a concurrent con&s;ent of all Hi&s;tories where Chri&s;tianity hath been planted; And that the&s;e powers have been ju&s;tly exerci&s;ed by the Kings of <HI>England</HI> before the Conque&s;t, among the many Laws of <HI>Ina, Withred, Alfred, Edward, Athelstan, Edmund, Edgar, Athelred, Canutus,</HI> and <HI>Edward,</HI> take the&s;e of <HI>Canutus.</HI></P>
<P><HI>Si quis &s;acra tenens pejera&s;&s;e convictus fuerit, ei manus praeciditor, ni dimidi|atam</HI> <NOTE PLACE="marg"><HI>Lambert</HI> Saxon laws, <HI>lex</HI> 33. <HI>f.</HI> 113.</NOTE> <HI>&s;ui capitis a&s;timationem domino, atque epi&s;copo dependerit: neque vero de|inceps qui juret dignus putandus e&s;t, ni&s;i quidem Deo cumulat&egrave; &s;atisfecerit, atque ab eju&s;modi in po&s;terum nefario &s;celere ab&s;tinendi fideju&s;&s;ores admoverit.</HI> If any in Holy orders be convict of Perjury, let him be branded on the hand, unle&s;s he &s;hall pay to the King and Bi&s;hop half the price of his head: Neither &s;hall he afterward be e&s;teemed worthy to take an Oath, unle&s;s he &s;hall have abundantly &s;atisfied God, and &s;hall have given Sureties that afterward he &s;hall ab&s;tain from &s;uch wickedne&s;s.</P>
<P><HI>Si quis eorum qui arae de&s;ervierint, alicui mortem obtulerit, omni cum di|vini,</HI> <NOTE PLACE="marg"><HI>lex</HI> 36. 114.</NOTE> <HI>tum humani juris patrocinio excludatur: ni&s;i quidem cum exilio cumulat&egrave; id &s;celeris compen&s;arit, atque cae&s;i etiam cognatis &s;atisfecerit, aut &s;altem (una cum hominibus qui jurent idoneis) omnem criminis &s;u&s;picionem diluerit. Hanc vero quae Deo &amp; hominibus debetur compen&s;ationem, intra ter denos (idque cum fortunarum &s;uarum omnium di&s;crimine) dies aggreditor.</HI> If any one who &s;erves at the Altar, &s;hall kill any man, let him be excluded from the protection of Divine and Humane laws; unle&s;s with his bani&s;hment he may abundantly &s;atisfie that wickedne&s;s, and &s;hall al&s;o give &s;atisfaction to the kindred of him who is killed, or at lea&s;t (together with &s;ufficient men who &s;hall give <NOTE PLACE="marg">Law-gager.</NOTE> their oaths) &s;hall wa&s;h away all &s;u&s;pition of the crime. And let him go in hand to make this compen&s;ation which is due to God and men, within thirty days, (and that upon the forfeiture of all his fortunes.)</P>
<P><HI>Si eorum qui arae de&s;ervierint aliquis hominem occiderit, aut in&s;igne aliquod</HI> <NOTE PLACE="marg"><HI>lex</HI> 38. <HI>ibid.</HI></NOTE> <HI>perpetrarit flagitium, gradu &amp; honore di&s;poliatus, proinde atque ei Papa circum|&s;crip&s;erit habitandi locum, exulato, ac cumulat&egrave; compen&s;ato. Sin is crimen fuerit inficiatus, excu&s;atio tripla e&s;to. Atque in hanc quae Deo &amp; hominibus debetur compen&s;ationem, intra ter denos aggrediatur dies, ab omni legis commoditate de&s;titutus habetor.</HI> If any one who &s;erves at the Altar, &s;hall kill a man, or commit any foul offence, de&s;poiled of his honor, let him be bani&s;hed the place of his habitation, and make abundant &s;atisfaction, yea though the Pope make it void. But if he deny the crime, let his excu&s;e be threefold; and if within thirty days he does not endeavor to give this &s;atisfaction which is due to God and man, let him be outlawed.</P>
<P><HI>Si quis &s;acris inauguratus, rei capitalis obnoxius extiterit, comprehen|ditor,</HI> <NOTE PLACE="marg"><HI>lex</HI> 40. 115.</NOTE> <HI>atque ut tandem epi&s;copo criminis admi&s;si poenas dependat, a&s;&s;ervator.</HI> If any one in Holy orders be guilty of any capital crime, let him be appre|hended and fafely kept, until he be puni&s;hed by the Bi&s;hop for the crime committed.</P>
<P><HI>Si quis &s;acrum ordinem, atque vivendi formulam commutarit, pro ip&s;a</HI> <NOTE PLACE="marg"><HI>lex</HI> 46. 116.</NOTE> <HI>ordinis dignitate, &s;ive capitis ae&s;timatione, mulcta, legis violatae poena, &s;ive rebus &s;uis omnibus compen&s;ato.</HI> If any one &s;hall change his holy order and form of
<PB N="146" REF="137"> living, for the dignity of the order or price of the head, let him be fined for puni&s;hment of the violation of the Law, or forfeit all he hath.</P>
<P>But how far this good Prince was from having any &s;pight to Holy Orders, or men &s;eparated to the Wor&s;hip of God and Service at the Holy Altar; he does enact, <HI>Siquis &s;acris initiatus, incol&aacute;ve in iis quae ad fortunas</HI> <NOTE PLACE="marg">Law 37. <HI>fol.</HI> 114.</NOTE> <HI>vitamve ejus &s;pectarint decipiatur, tum ei rex (ni is aliunde habuerit) loco Patroni, &amp; cognatorum e&s;to. Fraudator vero Regi (prout ip&s;a feret facti ratio) &s;atisfacito, aut graves &s;celeris admi&s;si poenas rex ip&s;e repetito: Christiana &s;i|quidem fide imbuti regis e&s;t, Deo illatas graviter (pro facti ratione) ulci&s;ci in|jurias.</HI> If any one entred into Holy Orders, or one living with him be im|po&s;ed upon, or cheated in tho&s;e things which belong to his e&s;tate or life, then let the King him&s;elf (unle&s;s he can procure it otherwi&s;e) be to him in place of Patron and Kindred; but the Cheator &s;hall make the King &s;ati&s;|faction (according to the valure of the fact) or the King him&s;elf &s;hall take great puni&s;hment of the wickedne&s;s committed; for it is the part of a King endued with Chri&s;tian religion, &s;everely to puni&s;h injuries (according to the quality of the deed) offered to God.</P>
<P N="10">10. For the proving of this, Sir <HI>Edward Coke</HI> in the Proeme to the <NOTE PLACE="marg">The antient Common-law did not ad|mit of Ap|peals to <HI>Rome</HI> in ca&s;es Spiritual.</NOTE> &s;ixth Part of his Reports, cites an Act of Parliament made 10 <HI>H.</HI> 2. <HI>an.</HI> 1164. where it was enacted: <Q>As concerning Appellations, if any &s;hall ari&s;e from the Archdeacon, they mu&s;t proceed to the Bi&s;hop, from the Bi&s;hop to the Archbi&s;hop; and if the Archbi&s;hop do fail in doing Ju&s;tice, it mu&s;t la&s;tly come to the King, that by his precept the controver&s;ie may be ended in the Archbi&s;hops Court, &s;o that there ought not to be any pro|ceeding further without the a&s;&s;ent of the King.</Q> And that this among many other might not ta&s;te of innovation, the Record &s;aith, This recogni|tion or record was made of a certain part of the cu&s;toms and liberties of the Predece&s;&s;ors of the King, to wit, of <HI>Henry</HI> his Grandfather, and of other Kings, which ought to be ob&s;erved in the Kingdom, and held of all for the di&s;&s;entions and di&s;cords often ari&s;ing between the Clergy, and our Soveraign Lord the Kings Ju&s;ticers, and the Peers of the Realm: And all the Arch|bi&s;hops, Bi&s;hops, Abbots, Priors, Clergy, with the Earls, Barons, and all the Nobles &amp;c. have &s;worne, and a&s;&s;uredly promi&s;ed in the word of mouth, in one con&s;ent, to keep and ob&s;erve the &s;aid recognition toward the King and his heirs in good &s;ooth, without evil meaning for ever.</P>
<P N="11">11. The Revenue of <HI>Danegelt</HI> was fir&s;t enacted becau&s;e of Pyrates: <NOTE PLACE="marg">The Kings before the Conque&s;t, by their own au|thority did impo&s;e Taxes upon Church-lands.</NOTE> For, infe&s;ting the Country, they did per&s;i&s;t as much as they could to the deva&s;tation of it; And to repre&s;s their in&s;olence, the yearly return of Dane|gelt was enacted, <HI>viz.</HI> Twelve pence for every Hide of all the Country, (Mr. <HI>Selden</HI> in <HI>lib.</HI> 2. <HI>cap.</HI> 4. <HI>Analecton Anglobritannicon, fol.</HI> 77. makes a Hide of land to be as much as could be tilled by one plough in a year. Mr. <HI>Lambert</HI> in the Laws of King <HI>Edward, fol.</HI> 128. makes a Hide to be one hundred acres of land) to maintain them who &s;hould re&s;i&s;t the irruption of the Pyrates, when they met them. But from the <HI>Danegelt</HI> every Church &s;hould be free and quiet, and all land which was in the dominion of the Church, where&s;oever it lay, paying nothing at all in &s;uch redemption; for men did more confide in the prayers of the Church, then in the defence of arms. But if <HI>Lex vult non &s;upervacaneum,</HI> then is it clear that the Church-lands were liable to be taxed by the King; for it had been a &s;upervacaneous thing to have excepted the lands of the Church in this Law, if the lands of the
<PB N="147" REF="137"> Church had not been liable to have been taxed at all. And to manife&s;t more clearly, that the exemption of Church-land from Taxes, was a meer conce&s;|&s;ion of our Kings; take the Stat. of <HI>Ethelulph</HI> the &s;ucce&s;&s;or of <HI>Egbert,</HI> written <NOTE PLACE="marg"><HI>Analect. Angl. lib.</HI> 2. <HI>cap.</HI> 4. <HI>pag.</HI> 77.</NOTE> with his own hand. <HI>Our Lord reigning for ever! Whil&s;t that we &s;ee perillous times in our days, the fire of war, the taking away of our goods, together with the cruel depredations of our de&s;troying enemies and barbarous Pagan nations do lie upon us, the multiplied tribulations do afflict us even to utter de&s;truction: Wherefore I</HI> Ethelulph <HI>King of the</HI> We&s;t-Saxons, <HI>with the councel of the Bi&s;hops and my Princes giving whol&s;om councel, and the only remedy, have con|&s;ented, I have determined that every portion given to the holy Church, whether of either Sex &s;erving God, or to mi&s;erable Lay-men always the tenth Man&s;ion where it is lea&s;t, or the tenth part of all Goods, be made for ever free, that it be &s;afe and defended from all &s;ecular &s;ervices, yea from the Kings greater or le&s;&s;er tributes, or the taxations which we call</HI> Winterden; <HI>and that it be free of all things for the forgivene&s;s of our &s;ouls and &s;ins, to &s;erve God alone, without Expedition, building of Bridge, and fortifying of Ca&s;tle.</HI></P>
<P N="12">12. If King <HI>Ethelbert</HI> were obliged to S. <HI>Gregory</HI> for the Conver&s;ion <NOTE PLACE="marg">At what time the Pope fir&s;t u&s;urped juri&s;|diction over the Crown of <HI>England.</HI></NOTE> of the <HI>Engli&s;h Saxons</HI> to the Faith, Prince <HI>Edgar Athelin</HI> was &s;mally be|holding to Pope <HI>Alexander</HI> 2. For, <HI>Edgar</HI> being Grand&s;on to <HI>Edmund Iron&s;ide,</HI> and the undoubted Heir to the Engli&s;h Monarchy after the death of <HI>Edward</HI> the Confe&s;&s;or; <HI>Alexander</HI> not only allows the Conquerors preten&s;ions to the Crown of <HI>England,</HI> but interdicts all tho&s;e who &s;hould <NOTE PLACE="marg"><HI>Speed fol.</HI> 405. <HI>par.</HI> 27. See the effects of the Popes cur&s;e, <HI>Speed fol.</HI> 415. <HI>par.</HI> 2.</NOTE> oppo&s;e him. So that though <HI>Harold</HI> were an U&s;urper, yet was his Holine&s;s his Interdiction as much again&s;t the undoubted Title of <HI>Edgar,</HI> as again&s;t <HI>Harold:</HI> Nor were all titles of rights and intere&s;ts of the Engli&s;h Monarchy ever perfect and compleat from that time, until they were all united and perfected in King <HI>James.</HI></P>
<P N="13">13. How far the <HI>Britanick</HI> Churches were from any dependence upon <NOTE PLACE="marg">At what time the fir&s;t con|te&s;t hapned between the King &amp; Pope about the in|ve&s;titure of Bi&s;hops.</NOTE> the Church of <HI>Rome,</HI> we have already &s;hewed: And &s;o free were the Churches of <HI>England</HI> under the <HI>Saxon</HI> Kings before the Conque&s;t, that before the Appeal of <HI>An&s;elm</HI> Archbi&s;hop of <HI>Canterbury</HI> to Pope <HI>Pa&s;chal</HI> 2. &s;carce any Appeal was ever made to <HI>Rome,</HI> but that of <HI>Wilfreds,</HI> which was overruled by the King and Church. So that for near a thou&s;and years after the Conver&s;ion of the <HI>Britains</HI> and <HI>Saxons</HI> to the Faith, although by means of S. <HI>Eleutherius</HI> and <HI>Gregory</HI> the Great; we do not find any thing which may prove the &s;uperiority of the <HI>Roman</HI> Church over either the <HI>Britanick</HI> or <HI>Engli&s;h.</HI> And how &s;trange a thing the inve&s;titure of the Engli&s;h Bi&s;hops by the Pope, was to the King and Kingdom of <HI>England,</HI> appears by the Letter of <HI>Pa&s;chal</HI> to <HI>An&s;elm,</HI> in an&s;wer to <HI>An&s;elm's; Significa&s;ti Reges &amp;</HI> <NOTE PLACE="marg"><HI>De Elect. Pet. cap.</HI> 4.</NOTE> <HI>Regni Majores admiratione promotos, &amp;c.</HI> You have &s;ignified to me, that Kings and Nobles were moved with admiration, that the Pall was offered to you by our Mini&s;ters, upon condition that you &s;hould take an Oath which they brought you written from us. And the King not only oppo&s;ed this Popes Letter, but pleaded the Fundamental Laws and Cu&s;toms of the Land: <HI>Con&s;uetudo regni mei e&s;t &agrave; patre meo in&s;tituta, ut nullius praeter licentiam Regis appelletur Papae; qui con&s;uetudines regni mei tollit, pote&s;tatem quoque &amp; coronam Regis violat:</HI> It is a Cu&s;tom of my Kingdom in&s;tituted by my Father, that no man may appeal to the Pope without the Kings licence; He that takes away the Cu&s;toms of my Kingdom, doth violate the Power and Crown of the King. And the&s;e Laws were no other then the Laws of the Confe&s;&s;or,
<PB N="148" REF="138"> <HI>viz.</HI> the old <HI>Saxon</HI> Laws; but al&s;o in the execution of the&s;e, things the Bi&s;hops of <HI>England</HI> adhered to the King and Laws, and denied their &s;uffrage to their Primate, as you may read in the Bi&s;hop of <HI>Derry's</HI> Vindication of the Church of <HI>England, p.</HI> 63, 64.</P>
<P N="14">14. After, <HI>pag.</HI> 65. he in&s;tances out of Sir <HI>Hen Spelman, conc. an.</HI> 78. <NOTE PLACE="marg">Legations as rare as Ap|peals before the Conque&s;t.</NOTE> that <HI>Gregory</HI> Bi&s;hop of <HI>O&s;tium,</HI> the Popes Legate, did confe&s;s that he was the fir&s;t Roman Prie&s;t that was &s;ent into the&s;e parts of <HI>Britain,</HI> from the time of <HI>Au&s;tin;</HI> and that tho&s;e Legates were no other then ordinary Me&s;&s;en|gers or Amba&s;&s;adors &s;ent from one Neighbour to another: Such a thing as <HI>Legantine Court,</HI> or a <HI>Nuntio's Court,</HI> was not known in the <HI>Briti&s;h</HI> world, and long after.</P>
<P N="15">15. See <HI>Speed</HI> in the Life of <HI>Stephen, para.</HI> 4. where <HI>Stephen</HI> having <NOTE PLACE="marg">The Pope and all the Eng|li&s;h Hierarchy con&s;pire with <HI>Stephen</HI> a|gain&s;t <HI>Maud</HI> the undoubt|ed Heir of <HI>Henry</HI> the fir&s;t.</NOTE> entred his Government in the year of our Lord 1135. the 2. of <HI>December,</HI> and was crowned at <HI>We&s;tminster</HI> the 26. of the &s;ame moneth, being. <HI>S Stephen's</HI> day, by <HI>William Corbel</HI> the Archbi&s;hop of <HI>Canterbury;</HI> who with the re&s;t of the Bi&s;hops doing him homage, and knowing now he would yield to any conditions, (for performance whereof his brother the Bi&s;hop of <HI>Winchester</HI> did there engage him&s;elf for a Pledge) they all took their Oath of Allegi|ance conditionally (traiterou&s;ly I might &s;ay) to obey him as their King, &s;o long as he &s;hould pre&s;erve their Liberties, and the vigor of Di&s;cipline. And that the Lay-Barons made u&s;e al&s;o of this policy, appeareth by <HI>Robert</HI> Earl of <HI>Glouce&s;ter,</HI> who &s;ware to be true Liegeman to the King, as long as the King would pre&s;erve to him his dignity, and keep all covenants, &amp;c. And having buried the body of <HI>Henry</HI> the Fir&s;t, he went to <HI>Oxford,</HI> where he acknowledged he attained the Crown by Election only, and that the Pope <HI>Innocentius</HI> confirmed the &s;ame.</P>
<P N="16">16. The next conte&s;t, which after <HI>An&s;elm</HI> happened between the King <NOTE PLACE="marg">The &s;econd conte&s;t be|tween the King and Pope, and from what cau&s;e.</NOTE> and the Pope, was cau&s;ed by <HI>Tho. Becket</HI> Archbi&s;hop of <HI>Canterbury:</HI> For, <HI>Stephen</HI> the U&s;urper having made a Law, whereby the Temporal Judges might not meddle with Eccle&s;ia&s;tical per&s;ons; <HI>Henry</HI> the Second, upon many di&s;orders committed by the Clergy, did repeal this Law, and re&s;tored the antient Laws of this Realm (commonly called <HI>Avitae leges)</HI> whereby the per&s;ons of Prie&s;ts were not exempted from being judged by the Tempo|ral Judges: And though the Archbi&s;hop &s;ware to ob&s;erve the Laws re|&s;tored by the King, yet was he ab&s;olved by Pope <HI>Alexander</HI> 3. Nor could the Archbi&s;hop ever after be brought to conform to the Laws called <HI>Avitae leges;</HI> which was the cau&s;e of his a&s;&s;a&s;&s;ination, and of great trouble to the King and Realm. And whether this man did de&s;erve to be canonized for his &s;tubborn di&s;obedience to the Laws of his Country, which no ways con|cerned Faith, but only Civil and Temporal obedience, and tho&s;e not new neither, but a re&s;titution of the antient Laws; let any man judge.</P>
<P N="17">17. The fir&s;t occa&s;ion of the quarrel between King <HI>John</HI> and <HI>Innocent</HI> <NOTE PLACE="marg">The quarrel between King <HI>John</HI> and the Pope.</NOTE> the Third, was: <HI>Hubert</HI> the Archbi&s;hop of <HI>Canterbury</HI> being dead, the Monks of S. <HI>Augu&s;tine</HI> in that City, elected without any licence of the King, one <HI>Rainold,</HI> and took an oath of him to go to <HI>Rome</HI> and take his inve&s;titure from the Pope. The King incen&s;ed hereat, cau&s;ed <HI>John Gray</HI> to be cho&s;en, and de&s;ired the Pope to ratifie this la&s;t choice: The Pope notwith&s;tand|ing confirms the former: The King hereupon grows angry, and divers of the Monks, again&s;t their own act, refu&s;e to accept him. The Pope, (although <HI>Rainold</HI> were cho&s;en by the Monks, and confirmed by the Pope)
<PB N="149" REF="138"> advi&s;eth the Monks to choo&s;e <HI>Stephen Langton;</HI> the Monks do &s;o; the King is highly exa&s;perated, and forbids all Appeals to <HI>Rome,</HI> and did alleadge that he had Bi&s;hops, Prelates, Nobles and Magi&s;trates of his own, who could (according to the Laws of the Land) decide and determine all Controver&s;ies which &s;hould ari&s;e in Church or Commonweal. The Pope in&s;i&s;ted upon the election of the Cardinal, <HI>(Stephen Langton</HI> was Cardinal of <HI>Chir&s;ogone)</HI> and required the King not only to give him the quiet po&s;|&s;e&s;&s;ion of the See, but al&s;o to recall all &s;uch Monks as were exiled, and to re&s;tore them to their Goods which were &s;ei&s;ed on by the King for the la&s;t choice, and for default to interdict him and the whole Realm. The King is &s;o far from obeying, that he &s;ei&s;ed upon the Lands and Goods of tho&s;e Bi&s;hops to whom the Pope had (for&s;ooth) given the power of Interdiction. The Pope con&s;tant in his re&s;olutions, by <HI>Pandulphus</HI> and <HI>Durant</HI> interdicts the King and Kingdom, and gives it the French King. King <HI>John</HI> driven into a great &s;trait, gives his Crown and Kingdom to the Pope; he good man had before given it to the French King <HI>Philip</HI> the &s;econd, &s;irnamed <HI>Augu&s;tus;</HI> and his &s;on <HI>Lewis</HI> had gotten &s;uch footing in <HI>England,</HI> that he would not be gotten out: The Pope interdicts both father and &s;on, but his cur&s;es took not &s;uch place that they would give over what they had got|ten by the fir&s;t grant; nor did the&s;e troubles end, until the Engli&s;h Nation uniting them&s;elves under <HI>Henry</HI> 3. did by plain force drive <HI>Lewis</HI> out of <HI>England;</HI> to &s;uch an in&s;ufferable height was the Papacy grown in tho&s;e days.</P>
<P N="18">18. Although the &s;tubborn Barons made <HI>Henry</HI> 3. &s;wear to ob&s;erve <NOTE PLACE="marg">The Bi&s;hops in <HI>H.</HI> 2 his reign, con|&s;pire again&s;t him.</NOTE> the Ordinances made in the Mad Parliament at <HI>Oxford;</HI> and the Arch|bi&s;hop of <HI>Canterbury</HI> and nine other Bi&s;hops did denounce a Cur&s;e again&s;t all tho&s;e, who either by direction, arms or otherwi&s;e &s;hould with&s;tand the Ordinance of the Twelve Peers, which gave the exerci&s;e of all Regality to them; yet did the Pope ab&s;olve him from it very ea&s;ily. <HI>Addit. Matth. Paris</HI> 990.</P>
<P N="19">19. How zealous the mo&s;t noble Prince <HI>Edward</HI> the fir&s;t was in the <NOTE PLACE="marg">Conte&s;ts be|tween the Pope and <HI>Ed.</HI> 2.</NOTE> cau&s;e of Chri&s;tianity, and how ob&s;ervant of the Papal power, is evident by his victorious Voyage into Holy Land: But he afterwards became hated by the Churchmen, both in re&s;pect of the Statute of <HI>Mortmain</HI> made in the fourth year of his Reign, and al&s;o becau&s;e that (by the advice of <HI>William Marchyan</HI> his chiefe&s;t Trea&s;urer) he &s;ei&s;ed into his hands the Plate, Jewels, and Trea&s;ure of the Churches and Religious Hou&s;es within the Realm, and compelled the Clergy to give him the one half of one years value of all their Eccle&s;ia&s;tical promotions and dignities. But &s;uch was the felicity of this Prince, that neither Pope nor Clergy dur&s;t openly oppugne him; but in the 27. year of his Reign, at the reque&s;t of <HI>Boniface</HI> 8. &s;ays <HI>Martin,</HI> he &s;et <HI>John Baliol</HI> (adjudged by <HI>Edward</HI> before King of <HI>Scotland)</HI> at liberty: And having conquered <HI>Scotland</HI> in the 33. year of his Reign, <HI>Robert Bruce</HI> procured an In&s;trument from the Pope, that the Kingdom of <HI>Scotland</HI> was holden of the Church of <HI>Rome,</HI> and therefore required the King to de&s;i&s;t from the pro&s;ecution of his Wars there: But how little King <HI>Edward</HI> re|garded this In&s;trument, and what an&s;wer he returned to the Pope, you may read in our Engli&s;h Chronicles; nor do I finde that ever more pro&s;ecution was made by the Pope in this Kings life-time.</P>
<P N="20">20. From this time until <HI>Henry</HI> the Eighth, the Kings of <HI>England</HI> and <NOTE PLACE="marg">In the reign of <HI>Hen.</HI> 4.</NOTE>
<PB N="150" REF="139"> the Popes kept &s;o good corre&s;pondence, that they never went &s;o far as Excommunication or Interdiction on the Popes part; and how far the Kings did re&s;train the Popes juri&s;diction in their &s;everal reigns, after the Conque&s;t, &s;hall be &s;hewed in <HI>Chap.</HI> 3. Yet I cannot pa&s;s over one thing of the whole Hierarchy of the Church of <HI>England</HI> (except only the Bi&s;hop of <HI>Carli&s;le)</HI> who all factiou&s;ly and traiterou&s;ly con&s;pired, or adhered to <HI>Henry</HI> the Fourth his unju&s;t U&s;urpation, and Depo&s;ition of their Soveraign <HI>Richard</HI> the Second.</P>
</DIV3>
<DIV3 N="2" TYPE="chapter">
<HEAD>CHAP. II.</HEAD>
<HEAD TYPE="sub"><HI>Of Eccle&s;ia&s;tical Laws made by the</HI> Saxon <HI>and</HI> Dani&s;h <HI>Kings before the Conquest.</HI></HEAD>
<P>I <HI>Inas</HI> by Gods gift King of the <HI>We&s;t-Saxons,</HI> by the advice and in&s;tructi|on <NOTE PLACE="marg"><HI>Inas</HI> began to reign in the year of Chri&s;t 712 died 727.</NOTE> of <HI>Cenredes</HI> my Father, and <HI>Heddes</HI> my Bi&s;hop, and <HI>Eorkenwoldes</HI> my Bi&s;hop, and with all my <NOTE N="*" PLACE="marg">Coun&s;ellors, Earls.</NOTE> Ealdermen, and them of be&s;t birth of the Wi&s;e&s;t of my people, and eke in a great A&s;&s;embly of Gods Servants, did religiou&s;ly &s;tudy as well for the health of my &s;oul, as for the common profit of our Kingdom, that right Laws of Marriage, and ju&s;t Judgment be firmly e&s;tabli&s;hed through every folk; and that hereafter it &s;hall not be lawful for any Ealderman, or any under our rule, to make void the&s;e our Dooms or Judgments.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 1.</NOTE> <LABEL>Of the Rule of Gods Servants.</LABEL> Fir&s;t we command that Gods Servants have a right rule of living: After that we command all folk to ob&s;erve the&s;e Laws and Dooms, or Judgments.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 2.</NOTE> <LABEL>Of Children.</LABEL> A Child &s;hall be baptized within thirty days after it be born; if that be not done, let thirty &s;hillings be forfeited: If that it die before it be baptized, he &s;hall forfeit all he hath.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 3.</NOTE> <LABEL>Of working upon Sunday.</LABEL> If a Slave work on Sunday by his Ma&s;ters command, let him be free and the Ma&s;ter &s;hall pay thirty &s;hillings: But if the Servant did his work without command of his Ma&s;ter, beat his hide, or make him to fear a hide-beating. If a Free &s;ervant do any work without his Ma&s;ters bidding, let him forfeit his freedom, or &s;ixty &s;hillings; and a Prie&s;t double &s;o much.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 4.</NOTE> <LABEL>Of Fir&s;t-fruits.</LABEL> Fir&s;t-fruits &s;hall be paid upon the Ma&s;s of S. <HI>Martin;</HI> he who &s;hall not then pay them, &s;hall forfeit forty &s;hillings, and pay twelvefold the value of the fruits.</P>
<PB N="151" REF="139">
<P><NOTE PLACE="marg"><HI>Cap.</HI> 5.</NOTE> <LABEL>Of Church-Priviledge, or Sanctuary.</LABEL> If any man guilty of death, flee to the Church, let his life be &s;pared, and let right be done to him: And if any man de&s;erving &s;tripes, implores help of the Church, let him be remitted his &s;tripes.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 6.</NOTE> <LABEL>Of Fighting.</LABEL> If a man &s;trike in the Kings hou&s;e, he &s;hall forfeit all he hath; and let it depend upon the Kings judgment, whether he &s;hall lo&s;e his life. If one &s;trike in a <NOTE N="*" PLACE="marg">Cathedral Church.</NOTE> Min&s;ter, he &s;hall pay one hundred and twenty &s;hillings, &amp;c.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 62.</NOTE> <LABEL>Of Fir&s;t fruits.</LABEL> Every man &s;hall pay Fir&s;t-fruits for the Roof and Hearth, where he &s;hall be upon the day of the birth of our Saviour.</P>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 75.</NOTE> <LABEL>Of the killing of Godfather or God&s;on.</LABEL> If any one &s;hall &s;lay his God&s;on, or his Godfather, he &s;hall compen&s;ate &s;o much to his next of kin, as the compen&s;ation due to his Lord had been: And this payment to the value of him which is killed, &s;hall be increa&s;ed or le&s;&s;ened, accordingly as the payment to the Lord for the Servant killed &s;hould have been performed. If it be the Kings God&s;on which is killed, he &s;hall &s;atisfie the King and his kindred; but if the next of kin kills him, he &s;hall pay to the Godfather &s;o much, as &s;hould have been paid to the Lord for the &s;laughter of his Servant. If he be a Bi&s;hops &s;on, he &s;hall pay half &s;o much.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Eccle&s;ia&s;tical Laws made by King</HI> Alfred <HI>or</HI> Alured, <HI>who began to reign in the Year</HI> 871.</HEAD>
<DIV2 TYPE="preface">
<HEAD>The Preface.</HEAD>
<P>GOD did &s;peak the&s;e words to <HI>Mo&s;es,</HI> and thus &s;aid: I am the Lord thy God, I led thee out of Egypt land, and of the hou&s;e of bondage; Thou &s;halt not choo&s;e other Gods before me.</P>
<P>Do not take my Name in idlene&s;s; for I will not hold him innocent, who on idlene&s;s taketh my Name. Remember thou keep holy the Seventh day; Do thy work on &s;ix days, and on the Seventh re&s;t, thou and thy &s;on and thy daughter, thy &s;ervant and handmaid, and thy work-cattel, and the &s;tranger that is within thy door: For on &s;ix days Chri&s;t made heaven and earth, &s;ea and all things thereon were created by him, and re&s;ted on the Seventh day, and therefore the Lord hallowed it. Honor thy Father and thy Mother, whom the Lord gave thee, that thou mai&s;t live long on earth. Thou &s;halt not kill. Thou &s;halt not &s;teal. Thou &s;halt not commit adultery. Nor report fal&s;e witne&s;s of thy neighbor; nor covet thou thy neighbors inheritance without right: Nor work golden gods, or &s;ilver. Thou &s;halt con&s;titute the&s;e Judgments.</P>
<P>If a man buy a Chri&s;tian man, he &s;hall &s;erve &s;ix years, the &s;eventh let him be free without co&s;t: With the &s;ame ve&s;tment he came in, with the &s;ame let him go out; if he have a wife, let her go out with him; if his Lord gave him his wife, &s;he and her <NOTE N="*" PLACE="marg">Children.</NOTE> bearns are the Lords. But if the &s;ervant
<PB N="152" REF="140"> &s;hall &s;ay, I will not part from my Lord, nor from my wife, nor from my children, nor from my work; then let his Lord bring him to the door of the Temple, and there let him bore his ear with an eal, for a &s;ign that ever after he is his &s;ervant. If any man &s;ell his daughter for an handmaid, he &s;hall not u&s;e her as an handmaid, he &s;hall u&s;e her courteou&s;ly, neither &s;hall he &s;ell her to other folk; and if &s;he be negligent, let him be pacified, let him &s;et her free to &s;tranger folk; if he ally her to his &s;on in marriage, let him give a garment, the reward of her mode&s;ty, and endow her; but if he will do none of the&s;e, let him &s;et her free without price.</P>
<P>If a man &s;lea another willingly, he &s;hall be &s;lain him&s;elf; but if a man &s;lea another not lurking or lying in wait, or unwillingly, or of nece&s;&s;ity, &s;o as he were given into his hand by God, let him flee to Sanctuary and &s;ave his life, and forfeit nothing. If a man of ambition and guile &s;lea his neighbor, let him be taken from mine altar and be put to death. If a man &s;lea his father or mother, he &s;hall be put to death. If a man fore&s;tall a Freeman, and he &s;ell him to another man, he &s;hall be put to death. If a man revile his father or mother, he &s;hall be put to death. If a man &s;lea another with a &s;tone, or with his fi&s;t, and yet he can go with a &s;taff; get him a Phy&s;itian, and let him do his work while he is impotent. If a man willingly &s;lea his <NOTE PLACE="marg">Note, <HI>&s;lea</HI> is to &s;trike, as well as kill.</NOTE> &s;ervant or his handmaid, &s;o as he doth not die in a day, but live two or three nights, although he be guilty, let him be free, becau&s;e they were his goods; but if he die the &s;ame day, let him be guilty. If a man by conten|tion hurt a wife with child, let him repair the damage that &s;hall be adjudged; if &s;he die, he &s;hall be put to death. If a man put out anothers eye, let him lo&s;e his eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound with wound, skar with skar. If a man &s;trike his &s;ervant or handmaid &s;o as he lo&s;es an eye, let him be free therefore; or if he &s;trike out a tooth, let him be free. If an oxe gore any man or woman &s;o as he die, let him be &s;toned and eat his fle&s;h, and let the ma&s;ter of the oxe be guiltle&s;s, if in two or three days he did not know that the oxe gored a man: if he knew it, and yet would keep him, and the oxe afterward kill a man or woman, let the oxe be &s;toned, and the ma&s;ter either put to death, or pay that price which &s;hall be impo&s;ed upon him for the life, be it &s;on or daughter, the law is the &s;ame; if he be a &s;ervant or handmaid which is gored to death, let the oxe be &s;toned, and thirty &s;hillings be paid to the ma&s;ter. If a man dig a pit and &s;hall leave it uncovered, he &s;hall pay the value of any bea&s;t that falls into it and dies. If the oxe of one gores the oxe of another &s;o as he dies, let the live oxe be &s;old, and his price and the fle&s;h of the dead one be given to the Lord; if after the oxe wound another and he die, let him &s;ell the oxe, and give the price and the fle&s;h of the oxe that is killed to the Lord thereof. If the ma&s;ter knew the oxe had gored another, and would not take warning nor &s;ell him, he &s;hall give two, and four &s;heep for one; if he hath not wherewith to pay, let him be &s;old for theft.</P>
<P>If a Thief break a mans hou&s;e in the night, and there be &s;lain, he &s;hall not be guilty of man&s;laughter; but if it be after &s;unri&s;e, he &s;hall be guilty of man&s;laughter, if ready to be killed, he were not nece&s;&s;itated. If a man &s;hall put fire into &s;tanding corn and burn it, the author &s;hall give the value of the damage. If a man tru&s;t another with goods to keep, and he privily &s;teal them, let him repay double; but if it be not found that he which was intru&s;ted, u&s;ed no deceit, let him be excu&s;ed. If the thing intru&s;ted
<PB N="153" REF="140"> were a living creature, if he can bring witne&s;s that it was taken away by enemies, or that it is dead, he &s;hall not repay; but if he cannot bring wit|ne&s;s, nor free him&s;elf from guilt, let him &s;wear he is not guilty. If a man corrupt a virgin unbetrothed, and &s;lept with her, let him be fined, and take her to wife; but if her father will not &s;o be&s;tow her, let him pay her portion, after the value of virgins portion. Women Fortune-tellers, Charmers and Sooth&s;ayers, &s;uffer not to live. He that hath had any thing to do with a bea&s;t, &s;hall be put to death. He that offers &s;acrifice to any other Gods, &s;hall &s;uffer death. A &s;tranger or inhabitant thou &s;halt not hurt, for thou wert a &s;tranger in the land of Egypt. A widow or orphan do not op|pre&s;s nor vex; if you &s;hall oppre&s;s, and they complain, I will hear their prayrs, and &s;lea you with my &s;word, your wives &s;hall be widows, children orphans. If thou lend money to thy acquaintance, be not a gainer from him, nor exact u&s;ury of him. If thou take the garment of one for a pledg, who hath only that for a covering, re&s;tore it before the &s;un &s;et; but if he complain to me, I will hear him for my mercy. Do not &s;peak evil of the Lord, nor cur&s;e him who is the Prince of the people. Pay thy Tithes, and thy fir&s;t born and fir&s;t-fruits give to God. Do not ta&s;te the fle&s;h torne from bea&s;ts, but ca&s;t it to the dogs. Do not tru&s;t to a deceitful mans word, nor hearken to it as to obey it; nor favor him in judgment, nor e&s;teem his witne&s;s but as a tale. Do not follow the ill coun&s;el of the people, nor in controver&s;ie of right incline to the opinion of the multitude; nor do thou hold any thing common with wrong. If thou &s;halt find any fourfooted bea&s;t of thine ad|ver&s;ary &s;traying out of the way, reclaim him. Judge rightly; do not judge otherwi&s;e to the poor and adver&s;ary, then to the rich and friend. Do not tell a Lye. Do not &s;lea the innocent and ju&s;t. Do not take a gift, for it oftentimes blinds the eyes of the wi&s;e, and perverts the &s;peech of the pru|dent. Do no injury to the &s;tranger nor inhabitant. Do not take the names of other Gods in &s;wearing, nor have them in thy mouth.</P>
<P>The&s;e are tho&s;e Laws which the Almighty God him&s;elf did give to <HI>Mo&s;es,</HI> and commanded him to keep; and al&s;o the onely begotten Son of God, when he came into the World, openly taught, That he did not come down to de&s;troy the Law, but to fulfil it with gentlene&s;s and good|ne&s;s; for he delivered the rule of true Piety. After that, they nailed him to the Cro&s;s, before that his Apo&s;tles (were together, nor were &s;cattered for preaching the Go&s;pel) converted many Nations; and &s;ent Apo&s;tles and Interpreters of the Scripture to <HI>Antioch, Syria,</HI> and <HI>Cilicia,</HI> to learn Chri&s;ts Law; and what &s;hould then befal them, &s;hould by a Me&s;&s;enger be &s;ent back to them in writing. This is that Epi&s;tle which the Apo&s;tles &s;ent to all the people of <HI>Antioch, Syria,</HI> and <HI>Cilicia,</HI> which were converted from the bondage of the <HI>Gentiles</HI> to Chri&s;t.</P>
<P>The Apo&s;tles and Elder Brethren, wi&s;h health to you. A&s;&s;oon as we heard that certain men, which went from us, had troubled you with words, and commanded &s;ome things which they had not in command from us, and had made your &s;ouls &s;ad, rather then in&s;tructed you with &s;ound and whole|&s;ome Doctrine; it &s;eemed good to us, being met together, to &s;end to you <HI>Barnabas</HI> and <HI>Paul,</HI> who had ventured their life for the Name of Chri&s;t: With them we &s;end <HI>Judas</HI> and <HI>Sylas,</HI> who &s;hall &s;peak the &s;ame words. It &s;eemed good to the Holy Gho&s;t and us, not to impo&s;e more nece&s;&s;ary burden, then the&s;e things upon you; That ye ab&s;tain from things offer|ed
<PB N="154" REF="141"> to Idols, and Blood, and things &s;trangled, and from fornication; and that ye will that which ye would other men &s;hould do to you. From this one Commandment it is manife&s;t, That a man &s;hould re&s;tore every man his right, neither is there need of any other Law-book. This he &s;hould re|member, who &s;its a Judge over other men, That he &s;hould not give that judgment upon other men, which he would not have given upon him&s;elf. After the Go&s;pel of Chri&s;t was preached, many Nations, as al&s;o the Engli&s;h, by Faith joyned them&s;elves to the Word of God: Some Bi&s;hops and other famous men, as well in <HI>England,</HI> as other Regions, held a Council of wi&s;e men; and the&s;e men, taught by Gods mercy, impo&s;ed upon every &s;inner a pecuniary mulct, and left the power of exacting it to the Magi&s;trates, with|out any offence to God, having obtained leave; onely to the betrayer and for&s;aker of our Lord, they did not judge fit that this light puni&s;hment &s;hould be inflicted, becau&s;e they deemed &s;uch a man not worthy to be &s;pared, as well, becau&s;e God would have &s;uch contemners of him unworthy of all mer|cy, as al&s;o, that Chri&s;t, Gods Son, would not have mercy on them that be|trayed him to death; and he bid them to wor&s;hip God before any other. They therefore, in many Synods, con&s;tituted puni&s;hments for all &s;ins, and commanded them to be written.</P>
<P>The&s;e Laws have I <HI>Alfred</HI> the King gathered together, and commanded to be written, a good part whereof our Ance&s;tors have religiou&s;ly ob&s;erved; there are al&s;o many things worthy to be ob&s;erved of us with like Religion in this age; yet &s;ome there are which &s;eem le&s;s profitable to us, by the advice of wi&s;e men I have altered, &s;ome I have made new: And becau&s;e it may &s;eem ra&s;hne&s;s for any one to command to be written more then his own Decrees; as al&s;o it would be an uncertain thing how they would be e&s;teemed afterward, of which we make great account: What&s;oever are worthy to be ob&s;erved in the acts of <HI>Inas</HI> my Kin&s;man, of <HI>Offa</HI> King of the <HI>Mercians,</HI> or <HI>Ethelbert,</HI> who was the fir&s;t of <HI>Engli&s;hmen</HI> that was baptized, I have collect|ed them all, and the other left: And in taking them, I <HI>Alfred</HI> King of the <HI>We&s;t-Saxons</HI> have u&s;ed the coun&s;el of the mo&s;t wi&s;e men, and it hath plea&s;ed them all to judge them worthy to be kept.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Priviledge of the Church.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 2.</NOTE></HEAD>
<P>If any man guilty of any crime, &s;hall flee to a Religious hou&s;e, if that belong not to the Farm of the King, or &s;ome Honorable family, let him there remain three nights, in which, let him heed his &s;alvation (unle&s;s in the interim he return into favor:) And if any one &s;hall during that time weaken him with fear of &s;tripes, bonds or wounds, let him be free as the cu&s;tom of the Nation is, with the price of his head and with fine, and the damage of violation of the liberty of the Church, with One hundred and twenty &s;hillings to boot.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Priviledge of Sanctuary.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 5.</NOTE></HEAD>
<P>We do further grant this peace to every Church con&s;ecrated by a Bi&s;hop: If an enemy afflict another, and he implores help of the Temple, let him in &s;even days be taken out by no man; if for hunger he can live &s;o long, and not opened his way by force: If a man does otherwi&s;e, let him be held a breaker of the King and Church, and al&s;o of a more grievous crime, if he &s;hall have &s;toln any thing thence. If the Governor have more then ordinary occa&s;ion to u&s;e that place, provide for him in another hou&s;e, which has not
<PB N="155" REF="141"> more doors then that which &s;huts the Church, and let the Governor take care that in the mean time he gets no meat; But if he will give his arms into the power of his adver&s;aries, let them keep him &s;afe thirty days, and then give him into the hands of his kindred. Al&s;o the freedom of the Church is, if any guilty man flee to the Church before he be accu&s;ed, and there confe&s;s it in Gods name, he &s;hall be remitted half of his mulct.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Sacriledge.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 6.</NOTE></HEAD>
<P>If a man &s;teal any thing in a Church, let him pay the value of the thing &s;tolne, and that puni&s;hment belonging to that value, and that hand where|with he &s;tole be cut off; if he will redeem his hand, and it be granted him, let it be with the price of his head. If a man &s;teal upon a Sunday, Chri&s;tmas-day, Ea&s;ter-day, Holy Thur&s;day, or upon a Communion-day, let him pay double, as al&s;o in the Fa&s;t of <HI>Lent.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of them who &s;teal money out of Churches.</HI> <NOTE PLACE="marg">8.</NOTE></HEAD>
<P>If any man &s;hall take money out of a <NOTE N="*" PLACE="marg">Church.</NOTE> Min&s;ter without the Kings leave, or the Bi&s;hops, he &s;hall pay 120 &s;hillings, half to the King, half to the Bi&s;hop and the Lord of the Church.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Fighting of Prie&s;ts.</HI> <NOTE PLACE="marg">21.</NOTE></HEAD>
<P>If a Prie&s;t &s;lea any man, let all he has acquired be confi&s;cate, and the Bi&s;hop degrade him, and let him be thru&s;t out of the Church, unle&s;s the Lord of the hou&s;e will forgive him the price of his head.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of him who binds him&s;elf to God, (or enters into Religion.)</HI> <NOTE PLACE="marg">28.</NOTE></HEAD>
<P>If any other accu&s;e a man entred into Religion (or bound to God) that he hath not performed &s;omething of tho&s;e things which he has men|tioned, let him give a Fore-oath in four Churches; and the other, if he will ju&s;tifie him&s;elf, let him do it in twelve Churches.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Fight.</HI> <NOTE PLACE="marg">38.</NOTE></HEAD>
<P>This Chapter gives a Priviledge for the honor of the Church, in ca&s;e of Man&s;laughter, to him who flees thither.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Ma&s;s-Holidays.</HI> <NOTE PLACE="marg">39.</NOTE></HEAD>
<P>All Freemen have freedom granted them on the&s;e Holidays, but not Servants. The twelve days in Chri&s;tmas, the day on which Chri&s;t &s;ubdued the Devil, the Anniver&s;ary fea&s;t of S. <HI>Gregory,</HI> and &s;even days before Ea&s;ter and &s;even days after, the Fea&s;t-days of S. <HI>Peter</HI> and S. <HI>Paul.</HI> In Autumn, the whole week which is before the Fea&s;t of <HI>Mary,</HI> the Fea&s;t-days of all Saints, and the four Wedne&s;days in Ember-weeks, let &s;ervants have all holy liberty given, and freedom, that they may &s;pend all their endeavor upon the benefit of tho&s;e things, which they have heretofore received in Gods name, or for what&s;oever benefit he &s;hall hereafter earn.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="covenant">
<PB N="156" REF="142">
<HEAD><HI>The League of King</HI> Edovard <HI>and</HI> Guthrun.</HEAD>
<DIV2 TYPE="preface">
<HEAD>Preface.</HEAD>
<P>THe&s;e are the in&s;titutions of King <HI>Alfred</HI> and King <HI>Guthrun;</HI> and then King <HI>Edoard</HI> and King <HI>Guthrun</HI> made in tho&s;e very times, when the <HI>Danes</HI> and <HI>Engli&s;h</HI> made league, and bound them&s;elves, that tho&s;e things which are afterward recited, &s;hould be often amplified and increa&s;ed to the common benefit of the Realm.</P>
<P>Before all things, they propounded one God to be devoutly and holily wor&s;hiped, and that there &s;hould be no Heathen wor&s;hip, &amp;c.</P>
<P>Therefore they fir&s;t decree, that the peace of the Church be kept within <MILESTONE N="1" UNIT="Cap."> the walls holily and inviolably, and al&s;o that tranquillity which is delivered into the Kings hand.</P>
<P>Furthermore, if any man &s;hall renounce the Chri&s;tian faith, &s;o as by <MILESTONE N="2"> words or deeds he advance the Heathen wor&s;hip, he &s;hall forfeit the price of his head, or the puni&s;hment of the Law according to the offence.</P>
<P>If a man entred Religion (or bound to God by promi&s;e) &s;teal, or <MILESTONE N="3"> fight, or for&s;wear, or commit adultery, he &s;hall forfeit the price of his head, or &s;uffer puni&s;hment for tran&s;gre&s;&s;ing of the Law, according to the nature of the crime; at lea&s;t he &s;hall &s;atisfie God according to the rules of the Church, and be ca&s;t into pri&s;on if he cannot find Sureties. If a Prie&s;t upon Fea&s;ting-days or Fa&s;ting-days &s;hall go a&s;tray, if it be among <HI>Engli&s;hmen,</HI> let him be fined thirty &s;hillings; but if it happen among the <HI>Danes,</HI> let him pay half a mark. If a Ma&s;s-prie&s;t upon appointed days provide not Oil, or deny Bapti&s;m, as the u&s;e is; among the <HI>Engli&s;h</HI> let him be fined, and with the <HI>Danes</HI> the breach of the Law is twelve <NOTE N="*" PLACE="marg"><HI>Quaere</HI> the value of an Oran.</NOTE> Oran. If any man of Religion commit any thing worthy of death, let him be taken and held to the Bi&s;hops judgment.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Ince&s;t.</HI> <MILESTONE N="4"></HEAD>
<P>Furthermore it &s;eemed good to the wi&s;e men, that of men guilty of Ince&s;t, the King &s;hall have the higher, and the Bi&s;hop the lower, unle&s;s he &s;hall abundantly make recompence to God and men, and &s;hall perform what is enjoined them by the Bi&s;hop. If two brethren, or two of the &s;ame al|liance, commit fornication with the &s;ame wife, let them be fined the value of their head, or be puni&s;hed for the tran&s;gre&s;&s;ion of the Law according as is meet, and as the crime de&s;erves.</P>
<P>If a man condemned to death, de&s;ires ingenuou&s;ly to confe&s;s his &s;ins <MILESTONE N="5"> to a Prie&s;t, let it be granted him: And let all men Gods laws &s;o follow, that they obtain Gods mercy, and be acquitted of wi&s;e men.</P>
<P>If a <HI>Dane</HI> pay not his Tythes, let him undergo the puni&s;hment of the <MILESTONE N="6"> breach of the Law; let an <HI>Engli&s;hman</HI> be fined. If a <HI>Dane</HI> withhold what is due to <HI>Rome,</HI> let him be puni&s;hed for the breach of the Law; let an <HI>Engli&s;hman</HI> be fined. If any <HI>Dane</HI> pay not to the Candles, let him be puni&s;h|ed for breach of the Law; let an <HI>Engli&s;hman</HI> be fined. If a <HI>Dane</HI> &s;hall not pay the ju&s;t Alms of the Plough, let him be puni&s;hed for breach of the <NOTE PLACE="marg"><GAP DESC="foreign">.</NOTE> Law; let an <HI>Engli&s;hman</HI> be fined. If a <HI>Dane</HI> &s;hall &s;uppre&s;s or retain any
<PB N="157" REF="142"> Divine Laws or Duties, let him be puni&s;hed for breach of the Law; let an <HI>Engli&s;hman</HI> be fined. If any man wilfully wound another offering Divine &s;ervice, let him be guilty of death; but if he &s;hall die, let him be outlawed, and all Mini&s;ters of Ju&s;tice apprehend him, hurt, or unwilling: And if it were his fault that he was &s;tricken, or did again&s;t Gods law, or re&s;i&s;ted the King, if a man &s;o flatter him&s;elf, let him be without recompence, <HI>or as we &s;ay, he has the means in his own hands.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of working on Holidays.</HEAD>
<P>If a <HI>Dane</HI> &s;ell any thing upon Sunday, let him forfeit the thing and twelve <MILESTONE N="7"> Ora's, an <HI>Engli&s;hman</HI> thirty &s;hillings. If a Freeman do any work upon an Holiday, let him forfeit his freedom, or be fined and puni&s;hed for breach of the Law; let a Servant be beaten, or be made to fear being beaten. If a <HI>Dane</HI> &s;hall make his Servant work upon a Holiday, let him be puni&s;hed for breach of the Law, and an <HI>Engli&s;hman</HI> be fined.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Laws Eccle&s;ia&s;tical made by King</HI> Aethel&s;tan, <HI>Who began to reign in the year of our Lord</HI> 924.</HEAD>
<P>I <HI>Aethel&s;tan</HI> King, by the prudent coun&s;el of <HI>Wal&s;helmes</HI> mine Archbi&s;hop and other my Bi&s;hops, command all Governors that are in my Govern|ment, in the name of God and all his Saints, and for their good will towards them, that before all things they pay ju&s;t Tythes, as well out of our pro|perty, as the duties of living creatures and fruits of the earth; and that all Bi&s;hops, Ealdermen and Sheriffs do the &s;ame thing: And I will that my Bi&s;hops and Sheriffs, who &s;it in judgment upon other men, that they ob|&s;erve this rule, and that they fini&s;h all the&s;e things upon the day we have appointed, <HI>viz.</HI> the Anniver&s;ary of S. <HI>John Baptist</HI> beheaded.</P>
<P>Further when we think with our &s;elf, what the mo&s;t excellent Father <HI>Jacob</HI> &s;aid to God, <HI>I will offer my tythes, and a peace-offering to thee;</HI> and what the Lord &s;pake in the Go&s;pel, <HI>To the all-having man &s;hall be given, and he &s;hall abound:</HI> We moreover may think on tho&s;e things, which are &s;o terribly written in this very book; <HI>If you will not pay your tythes, giving us only the tenth part, the nine parts &s;hall be taken from you.</HI> Al&s;o we are admoni&s;hed that Heavenly things are more excellent then Earthly, and eternal things then our frail bodies. When&s;oever therefore ye hear what the Lord com|mands, and what we ought to follow, tho&s;e things only I would have you to do, which you can ju&s;tly and lawfully prepare.</P>
<DIV2 TYPE="section">
<HEAD>Of Church-breaking.</HEAD>
<P><NOTE PLACE="marg"><HI>Cap.</HI> 5. Concerning the <HI>Ordal,</HI> &s;ee <HI>Ver&s;teg. an. &amp; Seld. annal. Anglo lib.</HI> 2. <HI>cap.</HI> 8. and <HI>Lamberts</HI> pref. Saxon laws. <HI>Cap.</HI> 23.</NOTE> And we command concerning Church-breaking, if he be a man of the threefold * Ordal, let him give &s;atisfaction as is rehear&s;ed in the Judgment-book.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of them willing to undergo the Ordal.</HEAD>
<P>If any man will undergo the Ordal, then let him come three days before the Ma&s;s-prie&s;t hallow it, and feed him&s;elf with bread and &s;alt, and water
<PB N="158" REF="143"> and worts, before he go to Trial, and let him go to Ma&s;s every day and <NOTE PLACE="marg">The trial of the Ordal, was either to be &s;ou&s;ed over head and ears in cold water, or to thru&s;t his hand a cu|bit deep into boiling hot water, or to go barefoot, or hold a bur|ning hot iron in the Triers hand: If they neither &s;hak'd the rope to be pulled out of the water, nor burned, nor &s;calded their hands or feet, they were acquit|ed.</NOTE> offer his gift; and upon the day he &s;hall undergo the Ordal, let him take the Euchari&s;t, and &s;wear that he is innocent and knows nothing of the wickedne&s;s whereof he is accu&s;ed. If it be of cold Water that the Que&s;tion made, let him be plunged over head and ears half an ell in the water; but if it be of Iron, let him hold it three days before he put it out of his hand. And the Accu&s;er &s;hall proceed to follow the oath he made before, and both &s;hall fa&s;t by the command of God and the Bi&s;hop; and let there be on neither &s;ide above twelve men; but if the Accu&s;ed comes with more then twelve men, then unle&s;s they will depart, let the Ordals be void.</P>
<P>And upon each Friday, let every one of Gods Mini&s;ters in every Church &s;ing the 50. P&s;alm, for the King, and for all that will as he willeth, and for all other who de&s;erve well of him. If a man accu&s;e another of any crime, let him make him recompence, unle&s;s he did it upon <NOTE N="*" PLACE="marg"><GAP DESC="foreign">.</NOTE> Proce&s;&s;ion-days; and if he do &s;o afterward, let it be as before it was.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Eccle&s;ia&s;tical Laws made by King</HI> Edmund, <HI>Who began to reign in the Year</HI> 940.</HEAD>
<P><HI>EDmund</HI> the King, in the Solemn Fea&s;t of <HI>Ea&s;ter,</HI> gathered to <HI>London</HI> a great company as well of Eccle&s;ia&s;ticks, as of the People. There was <HI>Oda</HI> and <HI>Wul&s;tan</HI> Archbi&s;hops, and many other Bi&s;hops, that they might as well take care for the health of their own &s;ouls, as for the &s;ouls of them committed to their charge.</P>
<DIV2 TYPE="section">
<HEAD><HI>Of the Man who hath vowed Cha&s;tity.</HI> <MILESTONE N="1" UNIT="Cap."></HEAD>
<P>Fir&s;t, they who are entred into Religion, and who &s;hould give Gods people an example of virtue to imitate, according to their Order, be they Men or Women, let them live cha&s;te: But if they &s;hall not do it, then let the Canon puni&s;h them, that is, let them forfeit all they have in the world; and if they mend not their manners, not be buried in the Sanctuary.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Tythes and Church-&s;cot.</HI> <MILESTONE N="2"></HEAD>
<P>Every Chri&s;tian which &s;hall not pay his Tythes, his Fir&s;t-fruits, and his Alms, let him be accur&s;ed.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of him who &s;hall defloure a Nun, or commit Adultery.</HI> <MILESTONE N="4"></HEAD>
<P>If a man &s;hall carnally know a Nun, let him be as if he had killed a man, or be denied Burial in the Sanctuary; and let the &s;ame Law be to him who commits Adultery.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Re-edifying the Church.</HI> <MILESTONE N="5"></HEAD>
<P>We will that every Bi&s;hop at his own co&s;ts &s;hall repair the Hou&s;e of God, and al&s;o minde the King, that all Gods Hou&s;es be well adorned; which thing is very behooful.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of men Perjured, and wor&s;hiping Heathen Gods.</HI> <MILESTONE N="6"></HEAD>
<P>They who are Perjured, and offer Heatheni&s;h &s;acrifice, &s;hall be for ever &s;hut out from things pertaining to God, unle&s;s they &s;oon repent and mend their manners. </P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<PB N="159" REF="143">
<HEAD><HI>Eccle&s;ia&s;tical Laws made by King</HI> Eadgar, <HI>Who began to reign in the year of our Lord</HI> 959.</HEAD>
<P>THe Laws which <HI>Eadgar</HI> the King, in a great A&s;&s;embly, ordained to the glory of God, the ornament of him&s;elf, and the profit of all his Nation.</P>
<P>Fir&s;t let the Church of God enjoy all its rights and immunities, and <MILESTONE N="1"> let every man pay his Tythes to each Church to which he is &s;ubject; whether it be of Plow-land, or Inland; of men of free condition, or lands of Villains.</P>
<DIV2 TYPE="section">
<HEAD><HI>Of Church-tribute.</HI> <MILESTONE N="2"></HEAD>
<P>If a man of free condition hath a Church upon his freehold, which hath a place of Burial belonging to it, let him be&s;tow one third part of his Tithes upon the Church; but if there be no place of Burial about the Church, let the Lord of the ground give to the Prie&s;t of the nine parts, what he will. And let the Church-tribute of every Church be paid out of the lands of all Freemen.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Tithes.</HI> <MILESTONE N="3"></HEAD>
<P>And let every one pay tithes of young living creatures, before Pente|co&s;t; and the tithes of the fruits of the earth, before the <NOTE N="*" PLACE="marg">Sure it is meant the Autumnal E|quinox; for no tithes can be renewed before the Vernal.</NOTE> Equinox; and Church-tribute, at the fea&s;t of S. <HI>Martin.</HI> If any one &s;hall not pay, let him incur the puni&s;hment expre&s;&s;ed in the Doom-book: And if any one &s;hall not pay his tithes as we have &s;et down, then may the Kings Sheriff, and the Bi&s;hop, and the Ma&s;s-prie&s;t of the Church meet, and take the tenth part due to the Church, and return the ninth part back again to him without thanks; as to the other eight parts, let the Lord have one half, the Bi&s;hop the other. Let this be, though he be the Kings man, or of free condition.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Hearth-penny.</HI> <MILESTONE N="4"></HEAD>
<P>And let the Hearth-penny be paid before the Fea&s;t of S. <HI>Peter;</HI> and if it then be not paid, let him carry that penny and thirty pence more to <HI>Rome,</HI> and confirm by a certain Certificate in writing, that he did detain it; and let him pay over and above one hundred and twenty &s;hillings to the King. If afterward a man &s;hall not pay it, and carry the penny and thirty pence to <HI>Rome,</HI> he &s;hall pay two hundred &s;hillings to the King; but if he &s;hall make default the third time, he &s;hall forfeit all he hath.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Fe&s;tival, and Fa&s;ting-days.</HI> <MILESTONE N="5"></HEAD>
<P>Let every Sunday be held a Fea&s;ting-day, from noontide of Saturday until the twilight of Munday; he which will not celebrate it, let him under|go the penalty in the Judgment-book; and other Fea&s;t-days &s;hall be bidden; and let all Fa&s;ting-days be held with all godline&s;s.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="canons">
<PB N="160" REF="144">
<HEAD><HI>Canons &s;et forth under King</HI> Edgar.</HEAD>
<P>THe&s;e things which follow, belong to the Con&s;titutions of King <HI>Edgar,</HI> concerning the Manner of Life of Men ordained to Gods &s;ervice.</P>
<P N="1">1. We teach, that the Mini&s;ter of God do zealou&s;ly &s;erve and mini&s;ter to God, and intercede to God for all Chri&s;tian people; and that every one of them be faithful and obedient to their Superiors, and unanimous in common nece&s;&s;ity, affording help to one another before God and men, and that they be firm and faithful to their Secular Lords.</P>
<P N="2">2. And we teach, that every one give another honor, and that the younger do religiou&s;ly pay love and obedience to the elder, and that the elder do diligently in&s;truct the younger.</P>
<P N="3">3. And we teach, that at every Synod, every year be had Books and Ve&s;timents agreeable to the &s;ervice of God; and Ink and Parchment to write their Con&s;titutions, and moreover a Three-days a&s;&s;embly.</P>
<P N="4">4. And we teach, that every Prie&s;t coming to the Synod have his Clerk, and man fed at his hand or faithful in &s;ervice, and none unknown, or given to folly; and let them all come together in the faith and love of God almighty.</P>
<P N="5">5. We al&s;o teach, that if any ill happen to a Prie&s;t, or any one do him wrong, it be referred to the Synod; and let all take it as offered to them all, and bring help that reparation may be made according to the will of the Bi&s;hop.</P>
<P N="6">6. And we teach, that the Prie&s;t make known to the Synod, if any in his Pari&s;h be found contumacious again&s;t God, or who does nouri&s;h any grievous &s;in; and that he is not able, or dares not produce him to amend|ment for fear of the world.</P>
<P N="7">7. And we teach, that among Prie&s;ts there be no &s;trifes and wrangling, nor let them be deferred to the Secular power; but let them be compo&s;ed among them&s;elves, or if need be, put off to the Bi&s;hop.</P>
<P N="8">8. And we teach, no Prie&s;t whether con&s;ecrate at Benedict, &s;hall for|&s;ake his Church at his own will, but have it for his rightful wife.</P>
<P N="9">9. We al&s;o teach, that no Prie&s;t meddle with tho&s;e things which be|long to another Prie&s;t, whether in his Church or Pari&s;h, or acquaintance or fraternity, nor in any other thing belonging to him.</P>
<P N="10">10. And we teach, that no Prie&s;t take away the Scholar of another, not having fir&s;t asked leave of him to whom he belonged.</P>
<P N="11">11. And we teach, that every Prie&s;t diligently learn to increa&s;e the learning of Handicraft trades.</P>
<P N="12">12. And we teach, that every learned Prie&s;t does not de&s;pi&s;e an half|learned Prie&s;t; but as much as in him lies, endeavour to make him more learned.</P>
<P N="13">13. And we teach, that no Prie&s;t well de&s;cended, does lightly e&s;teem a Prie&s;t meanly de&s;cended; for to a man rightly judging, all men are of the &s;ame &s;tock.</P>
<P N="14">14. And we teach, that every Prie&s;t behave him&s;elf &s;o, that he be not a Merchant without right, nor u&s;e merchandi&s;e.</P>
<P N="15"><PB N="161" REF="144"> 15. And we teach, that every Prie&s;t admini&s;ter Bapti&s;m as &s;oon as he &s;hall be required; and that they admoni&s;h all within their Pari&s;h, that they have a care that all their Infants be baptized within thirty &s;even nights, and that none does too long defer to be confirmed of the Bi&s;hop.</P>
<P N="16">16. And we teach, that all Prie&s;ts do with all diligence promove the Chri&s;tian religion, and by all their &s;trength blot out the &s;uper&s;tition of the Gentiles; and we do forbid feigned Will-wor&s;hip, Negromancy, Divi|nations, Witchcrafts, Divine wor&s;hip of men, and tho&s;e things which lead mortal men into divers errors; and in <GAP DESC="foreign"> on <GAP DESC="foreign">, and of divers other Trees, Stones, and the Phanta&s;ie of divers things which deceive men, which ought not.</P>
<P N="17">17. And we teach, that every Chri&s;tian man take care that his children be chri&s;tened, and learn them their <HI>Pater-no&s;ter</HI> and <HI>Creed.</HI></P>
<P N="18">18. And we teach, that on Fe&s;tival days every one ab&s;tain from the prophane Ver&s;es and Songs of the Gentiles, and from Devili&s;h Plays.</P>
<P N="19">19. And we teach, that every one ab&s;tain from fabulous and fooli&s;h readings, and from filthy and bla&s;phemous idle talk.</P>
<P N="20">20. And we teach, that upon Sunday every one ab&s;tain from merchan|di&s;e, and popular meetings.</P>
<P N="21">21. And we teach, that every one ab&s;tain from the company of Har|lots, and embrace his right wife.</P>
<P N="22">22. And we teach, that every one learn his <HI>Pater-no&s;ter</HI> and <HI>Creed,</HI> before he be buried in a con&s;ecrated Churchyard, or be accounted fit to receive the Euchari&s;t; and that he be unworthy the name of Chri&s;tian, that will not learn the&s;e things, nor &s;uffer other men in Bapti&s;m to be wa&s;hed with holy water, nor in confirmation admit of the hands of the Bi&s;hop, but all that he could avoided them.</P>
<P N="23">23. And we teach, that upon Fe&s;tival and Fa&s;ting-days, there be no extraordinary contentions among men.</P>
<P N="24">24. And we teach, that upon Fe&s;tival and Fa&s;ting days there be no admini&s;tration of Oaths, or the Ordale.</P>
<P N="25">25. And we teach, that upon Fe&s;tival and Fa&s;ting times every man for|bear to accompany his wife.</P>
<P N="26">26. And we teach, that Prie&s;ts keep their Churches with all worthine&s;s in Divine Mini&s;try, and to pure &s;ervice, and to nothing el&s;e; and that they &s;uffer not any thing more, nor any thing le&s;s, neither within, nor near it. Let there be no vain &s;peech, nor any thing indecently done: This is not a place of inordinate drinking, nor of any manner of vanity; Neither may a Dog come into the Church-yard, nor more Hogs then a man can rule.</P>
<P N="27">27. And we teach, that no man repo&s;e any thing in the Church, which may be there held uncomely.</P>
<P N="28">28. And we teach, that in the Churches Vigils every one behave him|&s;elf mode&s;tly, and diligently betake him&s;elf to prayer, and not given to drinking or luxury.</P>
<P N="29">29. And we teach, that no man be buried in the Church, who by a good life did not plea&s;e God, and thence be judged worthy of &s;uch &s;epulture.</P>
<P N="30">30. And we teach, that no Prie&s;t celebrate Ma&s;s in any hou&s;e, which is not a con&s;ecrated Church, unle&s;s it be for the extreme &s;ickne&s;s of any one.</P>
<P N="31">31. And we teach, that no Prie&s;t do at any time celebrate Ma&s;s, unle&s;s it be upon a con&s;ecrated Altar.</P>
<P N="32"><PB N="162" REF="145"> 32. And we teach, that a Prie&s;t never celebrate Ma&s;s without book, and that he have the Canon before his eyes, unle&s;s &s;omething hinder it.</P>
<P N="33">33. And we teach, that every Prie&s;t celebrating Ma&s;s, hath his Co|poral, and Subumle under his Alban, and all his Mi&s;&s;al ve&s;timents, as is meet, duly woven.</P>
<P N="34">34. And we teach, that every Prie&s;t be very careful to have a good book, or at lea&s;t faithfully corrected.</P>
<P N="35">35. And we teach, that no Ma&s;s-prie&s;t celebrate Ma&s;s alone, le&s;t he &s;o &s;hould want them who might an&s;wer.</P>
<P N="36">36. And we teach, that no man receive the Euchari&s;t but fa&s;ting, unle&s;s it be in dangerous &s;ickne&s;s.</P>
<P N="37">37. And we teach, that no Prie&s;t celebrate Ma&s;s above thrice at mo&s;t in one day.</P>
<P N="38">38. And we teach, that the Prie&s;t always hath (as is meet) the Eucha|ri&s;t prepared, and that he keep it in cleanne&s;s, and be very careful that it does not wax old: But if it be longer kept then is meet, &s;o that it grows nau&s;eous, then let it be burnt with pure fire, and be put under the altar, and let him who is guilty of the offence ask God forgivene&s;s.</P>
<P N="39">39. And we teach, that not at any time the Prie&s;t be &s;o ra&s;h, that he celebrates Ma&s;s, unle&s;s he has all things pertaining to the Euchari&s;t, <HI>viz.</HI> Pure oblation, pure wine, and pure water. Wo to them who begin Ma&s;s, if any of the&s;e be wanting; and wo to him who uncleanly hath prepared any thing to this purpo&s;e; he is like tho&s;e Jews who mingled vinegar and gall, and afterward in &s;corn offered it to Chri&s;t.</P>
<P N="40">40. And we teach, that at no time a Prie&s;t is worthy to celebrate Ma&s;s, who hath not received the Euchari&s;t; neither in Sacred orders may he con|&s;ecrate another, who is not con&s;ecrate him&s;elf.</P>
<P N="41">41. And we teach, that every Cup in which the Euchari&s;t is con&s;e|crated be Fu&s;il, and that it be never be con&s;ecrated in wood.</P>
<P N="42">42. And we teach, that all things about the Altar and belonging to the Church be very clean and worthy, and that nothing unworthy be brought hither, but what is holy may be worthily repo&s;ed; and let a light always burn in the Church whil&s;t Ma&s;s is &s;inging.</P>
<P N="43">43. And we teach, that no man neglect any thing which is con&s;ecrated, <HI>viz.</HI> Holy water, Salt, Frankincen&s;e, Bread, &amp;c.</P>
<P N="44">44. And we teach, that no woman approach the altar whil&s;t Ma&s;s is celebrated.</P>
<P N="45">45. And we teach, that no man ring the Bells but at the appointed times, and that every Prie&s;t then &s;ing his hourly Song in the Church, and in the fear of God diligently invoke and poure out his prayers for all men.</P>
<P N="46">46. And we teach, that neither Ma&s;s nor Pari&s;h-prie&s;t do come within the door of the Church, or any &s;eat in it, without his Surplice, nor to any office at the altar, without his de&s;igned ve&s;ture.</P>
<P N="47">47. And we teach, that no man ordained in Sacred Orders, nouri&s;h his hair, nor without cau&s;e permits him&s;elf to be &s;haven, if he hopes the ble&s;&s;ing of God, and S. <HI>Peter,</HI> and ours.</P>
<P N="48">48. And we teach, that upon Fe&s;tival and Fa&s;ting-days, all Prie&s;ts be unanimous, and &s;et forth to the people the &s;ame things in one and the &s;ame manner, le&s;t otherwi&s;e they might lead them into error.</P>
<P N="49"><PB N="163" REF="145"> 49. And we teach, that every Fa&s;t be made more grateful by the di&s;tri|bution of alms; for, who&s;oever out of his devotion to God, diligently gives alms; without doubt he renders his Fa&s;t more plea&s;ing to God.</P>
<P N="50">50. And we teach, that Prie&s;ts in the office of the Church do unani|mou&s;ly endeavour it, and that in every Church they de&s;erve a like yearly &s;tipend.</P>
<P N="51">51. And we teach, that Prie&s;ts diligently in&s;truct youth, and draw them to learn arts, that afterwards they may have the aid of the Church.</P>
<P N="52">52. And we teach, that Prie&s;ts upon every Sunday preach to the people, and &s;hew them&s;elves an example of good life.</P>
<P N="53">53. And we teach, that no Chri&s;tian man eats blood of any kind. <HI>(Litura e&s;t.)</HI></P>
<P N="54">54. And we teach, that Prie&s;ts in&s;truct the people of the&s;e things which of right ought to be rendred to God, <HI>viz.</HI> Tythes and other things, among which that which is called the Alms of the Plough, within fifteen nights <NOTE PLACE="marg">* <HI>Ciric&s;etum, vel Primitias &s;eminum.</HI></NOTE> after <HI>Ea&s;ter;</HI> the tithes of young living creatures, before <HI>Whit&s;untide;</HI> the tithe of the Fruits of the earth, before the celebration of <HI>All-Saints;</HI> and <NOTE N="*" PLACE="marg">Peter-pence.</NOTE> <HI>Rome-money</HI> at the fea&s;t of S. <HI>Peter;</HI> and <HI>Ciric&s;ceatum (idem cum Ciric&s;etum)</HI> at the fea&s;t of S. <HI>Martin.</HI></P>
<P N="55">55. And we teach, that Prie&s;ts &s;o di&s;tribute the alms of the people, that they render God more merciful, and the people more di&s;po&s;ed to alms.</P>
<P N="56">56. And we teach, that Prie&s;ts &s;ing P&s;alms when they di&s;tribute the alms given, and exhort the poor that they diligently pray for the people which gave the&s;e alms.</P>
<P N="57">57. And we teach, that Prie&s;ts them&s;elves avoid drunkenne&s;s, and be careful that it may be avoided by other men.</P>
<P N="58">58. And we teach, that no Prie&s;t be either Poet or Stage-player, whether it be to plea&s;e him&s;elf or other men; but that he &s;o behave him|&s;elf as is meet for his order, prudent, and wor&s;hipful.</P>
<P N="59">59. And we teach, that Prie&s;ts do not &s;wear, and be careful to prevent it in others.</P>
<P N="60">60. And we teach, that no Prie&s;t love the company of Women more then is meet, but that he love his own proper wife, that is the Church.</P>
<P N="61">61. And we teach, that no Prie&s;t bears fal&s;e witne&s;s, nor be of council with Thieves.</P>
<P N="62">62. And we teach, that a Prie&s;t, be&s;ides his duty, never intangle him|&s;elf with the Ordale, or Forein oaths.</P>
<P N="63">63. And we teach, that in purgation a Prie&s;t &s;wear not again&s;t a man of free condition, unle&s;s he of free condition &s;wore before.</P>
<P N="64">64. And we teach that a Prie&s;t be not a Hunter, nor Hawker, nor Drinker, but conver&s;ant with his Books, as becomes his order.</P>
<P N="65">65. And we teach, that every Prie&s;t &s;hould teach Confe&s;&s;ion and Pe|nance, and that men confe&s;&s;ing their &s;ins might al&s;o make &s;atisfaction; and that as need requires, he admini&s;ter the Euchari&s;t, and the Unction, if it be de&s;ired: After death let it be carefully covered, and where the body is, let nothing vain or un&s;eemly be permitted, but buried in the fear of God.</P>
<P N="66">66. And we teach, that every Prie&s;t hath oil, as well to baptize infants, as to anoint the &s;ick, and all other apparel due to their publick mini&s;try; and by all means promote the Chri&s;tian faith, here by well preaching, there
<PB N="164" REF="146"> by &s;hewing an example in well living. Then &s;hall he &s;o be enriched, that Almighty God may be merciful to him.</P>
<P N="67">67. And we teach, that every Prie&s;t repeating his Chri&s;m, doth not forget to tell what he &s;hould have done for the King &amp; Bi&s;hop in his prayers.</P>
<DIV2 TYPE="section">
<HEAD>Of Confe&s;sion.</HEAD>
<P N="1">1. When any one will make confe&s;&s;ion of his &s;ins, let him do it manly and not blu&s;h to confe&s;s his &s;ins and wickedne&s;s in accu&s;ing him&s;elf; be|cau&s;e from thence comes indulgence, and becau&s;e without confe&s;&s;ion there is no forgivene&s;s; for confe&s;&s;ion heals, confe&s;&s;ion ju&s;tifies.</P>
<Q>[Here is a great &s;pace in the original Manu&s;cript.]</Q>
<P>O Lord, I beg that thy mercy may prevent this thy &s;ervant, that all his iniquities may &s;uddenly be blotted out by Je&s;us Chri&s;t our Lord.</P>
<P>Hear, I be&s;eech thee, O Lord, the prayers of the humble crying unto thee, I be&s;eech thee O Lord.</P>
<P N="2">2. This thing is to be &s;eriou&s;ly meditated by him who is con&s;tituted Phy&s;itian for the &s;ouls of men, and that he &s;hould have known their actions, <HI>viz.</HI> that he may rightly di&s;cern them, and hold a right rea&s;on, in impo&s;ing cen&s;ure upon every one of them. However the matter be, let not the Phy|&s;itian prejudge the Sinner, nor thru&s;t him into de&s;peration. When any one will confe&s;s his &s;ins, fir&s;t he &s;hall hear him courteou&s;ly what this his intention &s;hould be, and whether he would or could humbly confe&s;s tho&s;e things he had committed, and &s;earch out all his guilt.</P>
<P N="3">3. Ask him of his manners, and extort his guilt, and lay before him all tho&s;e things he has done. But this keep always &s;ecret, that you may never in the &s;ame manner judge rich and poor, freemen and &s;ervants, tho&s;e elder and tho&s;e younger, the healthful and unhealthful, the humble and proud, the &s;trong and weak, them in Gods &s;ervice, and the &s;ecular.</P>
<P>A prudent Judge &s;hall wi&s;ely di&s;tingui&s;h concerning the fact, <HI>viz.</HI> What, how, where, and when it was committed: And though in no place or time &s;in is lawful, yet upon Fe&s;tival and Fa&s;ting-days, and Fe&s;tival places, every one ought more carefully to ob&s;tain from this. And by how much the great|er, or of more dignity any one is, &s;o much more grievou&s;ly is every one to be corrected before God and man for his &s;ins: For to the &s;trong and feeble, a like burden is not to be impo&s;ed, nor upon one infirm as one health|ful, but men mu&s;t di&s;tingui&s;h between them with a prudent moderation.</P>
<P N="4">4. After the&s;e things, the Penitent may humbly ari&s;e to his confe&s;&s;ion, and fir&s;t &s;ay, I believe in God the Father Almighty, Governor of all things, and in his Son, and in the Holy Gho&s;t; and I believe there is life after death, and I believe I &s;hall ri&s;e again in the day of Judgment; and I believe that I by the power of God and his mercy am worthy of all the&s;e things.</P>
<P N="5">5. After the&s;e things, with a &s;orrowful mind he may humbly make his confe&s;&s;ion to his Confe&s;&s;or, and bowing his head may &s;ay in this manner: I confe&s;s to Almighty God, and Confe&s;&s;or my &s;piritual Phy|&s;itian, all the &s;ins which ever I have committed by the pollution of Evil
<PB N="165" REF="146"> Spirits, whether in deed or thought, whether with men or women, or any other creature, whether by nature or again&s;t nature.</P>
<P N="6">6. I confe&s;s my Gluttony morning and evening; I confe&s;s all my avarice, envy and backbiting, and deceitful vice, lying and vain-boa&s;ting, vain &s;peech, ungodly prodigality and haughtine&s;s in every kind, which hath any ways happened to this unbridled body of mine: I confe&s;s I have often been the author of &s;in, the favorer of &s;in, con&s;cious of &s;in, and teacher of &s;in.</P>
<P N="7">7. I confe&s;s in my mind to have committed Murder, and Perjuries, and Sedition, and Pride, and neglect of all Gods commands. I confe&s;s all tho&s;e things which I ever &s;aw with mine eyes, either coveting, or unduly reproach|ing; and al&s;o all tho&s;e vain and &s;uperfluous things, which I have heard with mine ears, or &s;poke with my tongue.</P>
<P N="8">8. I confe&s;s all &s;ins of my body, of skin and fle&s;h, and bones and nerves, and of kidnies and gri&s;tles, and of my tongue and lips, and of my jaws, and teeth, and hair; of my marrow, and of every other thing which is &s;oft or hard, wet or dry. I confe&s;s I have ob&s;erved my Bapti&s;m wor&s;e then I have promi&s;ed to my Lord, and the profe&s;&s;ion by which I was bound to keep for the prai&s;e of God and his Saints, and the eternal health of my &s;elf. I con|fe&s;s I have often neglected my Canonical hours, and have often for&s;worne the Life of God, and taken his Name in vain.</P>
<P N="9">9. I ask and be&s;eech my Lord for remi&s;&s;ion of all the&s;e, that the Devil may never by his &s;nares prevail again&s;t me, le&s;t at any time I &s;hould die without confe&s;&s;ion and amendment of my &s;ins, even as to day I have con|fe&s;&s;ed all my &s;ins before our Lord and Saviour Chri&s;t, who governs heaven and earth, and before that Altar and tho&s;e Reliques, and before my Con|fe&s;&s;or and Ma&s;s-prie&s;t of the Lord; and as I have given a pure and true confe&s;&s;ion, and am ready to correct all my &s;ins, and as much as in me lies, with all carefulne&s;s hereafter to avoid them.</P>
<P N="10">10. And thou, O Je&s;u Chri&s;t my Saviour, have mercy upon my &s;oul, and forgive, I pray, and blot out all my &s;ins and tran&s;gre&s;&s;ions, which I have ever either heretofore or lately committed; and lead me into thy heavenly kingdom, that there I may be conver&s;ant with the Elected and thy Saints without end and for ever. Now I humbly be&s;eech thee, O Prie&s;t of God, that thou be a witne&s;s for me in the day of Judgment, that the Devil here|after may have no power over me, and that thou may&s;t be a pleader for me to the Lord, that I may amend my &s;ins and tran&s;gre&s;&s;ions, and de&s;i&s;t from committing the like again. May God enable me to perform this, who liveth and reigneth without end in everla&s;ting. <HI>Amen.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The manner of injoining Penance.</HEAD>
<P N="1">1. If an old man or young man, rich or poor man, &s;ound or infirm, &s;hall unwillingly offend another of any order, it &s;hall not be &s;o taken as if he had wilfully done it, or on &s;et purpo&s;e: And al&s;o if any one compelled by nece&s;&s;ity &s;hall have committed any &s;in; for this thing, becau&s;e he did by nece&s;&s;ity commit it, he &s;hall always rather de&s;erve forgivene&s;s and milder cen&s;ure.</P>
<P N="2">2. Each Deed is to be carefully di&s;tingui&s;hed, for Gods and Mans &s;ake.</P>
<PB N="166" REF="147">
<P><HI>The&s;e Services are ob&s;erved in Parts beyond Sea,</HI> viz.</P>
<P N="3">3. That every Bi&s;hop take his Epi&s;copal &s;eat upon that Wedne&s;day which is called the head of the * Fa&s;t; and then let every one in his Dioce&s;e come unto him who is guilty of any grievous crime, and when he &s;hall have <NOTE PLACE="marg">A&s;hwedne&s;day.</NOTE> confe&s;&s;ed this, his Confe&s;&s;or &s;hall teach him penance proportionable to the crime he is guilty of: And if any one be worthy of a more grievous &s;en|tence, he &s;hall &s;eparate him from the communion of the Church; yet &s;hall he grant and exhort him that he follow his nece&s;&s;ary imployment, and &s;o at length he may return home having obtained pardon.</P>
<P N="4">4. And after that, upon <HI>Maunday-Thur&s;day,</HI> let all be called together to the &s;ame place; and the Bi&s;hop &s;inging over them &s;ome of the Hymns, pronounce ab&s;olution to them, and give them leave to return home with his benediction to them. This is to be ob&s;erved of all Chri&s;tians.</P>
<P N="5">5. Yet ought the Prie&s;t diligently to enquire with what contrition, and with what perfection and plenitude every one hath fulfilled the penance enjoined him, and accordingly grant this remi&s;&s;ion.</P>
<P N="6">6. If a Layman without cau&s;e kill another, let him fa&s;t &s;even years in bread and water, and four of them as his Confe&s;&s;or &s;hall appoint, and al&s;o the &s;even years penance to boot, and alwaies bewail his &s;in all he can, be|cau&s;e it is unknown to men how much his penance hath prevailed with God.</P>
<P N="7">7. If a man de&s;ire to kill another, and cannot fulfil it, let him fa&s;t three years, <HI>viz.</HI> one with bread and water, the other two as his Confe&s;&s;or &s;hall injoin him.</P>
<P N="8">8. If a man &s;hall unwillingly &s;lay a Layman, let him fa&s;t three years, one with bread and water, the other two as his Confe&s;&s;or &s;hall appoint, and let him always lament his tran&s;gre&s;&s;ions.</P>
<P N="9">9. If he were a Subdeacon, let him fa&s;t &s;ix years; if he were a Deacon, let him fa&s;t &s;even years; if he were a Ma&s;s-prie&s;t, ten years; and if a Bi&s;hop, twelve, and always lament.</P>
<P N="10">10. If any man &s;o cha&s;ti&s;e his &s;on, that he thereof die, although again&s;t his will; let him fa&s;t five years with bread and water <HI>ut &s;upra.</HI></P>
<P N="11">11. If a Bi&s;hop or Ma&s;s-prie&s;t &s;hall kill any one, let him lo&s;e the dig|nity of his Order, and his penance be always.</P>
<P N="12">12. If a woman &s;hall kill an infant either in her womb, or after it &s;hall be born, whether by taking a potion, or any other way; let her fa&s;t ten years, <HI>viz.</HI> three in bread and water, and the other &s;even accordingly as her Confe&s;&s;or &s;hall in mercy impo&s;e, and always bewail the fact.</P>
<P N="13">13. If a man without cau&s;e in his rage &s;lea his <GAP DESC="foreign">, let him fa&s;t 3 years.</P>
<P N="14">14. If a husband &s;hall out of any impious jealou&s;ie beat his wife, &s;o as &s;he therefore dies guiltle&s;s; yet let him fa&s;t three years, and always bewail his mi&s;deed.</P>
<P N="15">15. If a man &s;hall of his own accord have killed him&s;elf, whether with a weapon, or any other devili&s;h in&s;tigation, it is not lawful for any man to &s;ing a Ma&s;s for &s;uch a man, nor to bury him with &s;inging P&s;alms, nor to cover him with earth being laid in a lawful &s;epulchre. The &s;ame Judgment is to be given upon him, who mi&s;chievou&s;ly ended his life with pain; as al&s;o a Thief, Murderer, or Betrayer of his Ma&s;ter.</P>
<P N="16">16. If any one of twenty years of age hath defiled him&s;elf with a bea&s;t, be it male or female, let him fa&s;t fifteen years. And if he hath a wife, and be forty years old, and &s;hall have done &s;uch a thing, let him both ab|&s;tain
<PB N="167" REF="147"> and fa&s;t all his life long; nor let him pre&s;ume, until he be ready to die, to take the body of our Lord. A young man, or fooli&s;h, &s;hall be grie|vou&s;ly beaten, who &s;hall commit any &s;uch fault.</P>
<P N="17">17. Who&s;oever &s;hall break wedlock, be it wife or husband, &s;hall fa&s;t three days in every week with bread and water, for the &s;pace of 7 years.</P>
<P N="18">18. Who&s;oever repudiates his wife and takes another, di&s;&s;olves the wedlock. No man ought to ca&s;t off, though for life or death, any of tho&s;e things which by due right belong to Chri&s;tians; neither may he be buried, who does this among Chri&s;tians: And concerning a Wife, let the &s;ame thing be done: And the Kindred who were pre&s;ent, or gave coun&s;el to the&s;e things, let them be puni&s;hed with the &s;ame &s;entence, unle&s;s they &s;ooner repent and diligently amend.</P>
<P N="19">19. If a man hath a Wife, and al&s;o a Concubine, let no Prie&s;t give them any thing belonging to Chri&s;tian rights, unle&s;s he penitently return to amendment: The &s;ame Law &s;hall be to a woman, whether &s;he were Wife or Concubine.</P>
<P N="20">20. If any one married commit adultery with the lawful wife of an|other, or any wife with the lawful husband of another; let either of them fa&s;t &s;even years, <HI>viz.</HI> three in bread and water, and four as the Confe&s;&s;or &s;hall teach, and lament their tran&s;gre&s;&s;ions as long as they live.</P>
<P N="21">21. If any woman &s;hall take to her two brethren in marriage, one after another, they de&s;erve judgment, and to be put to mo&s;t &s;trict penance as long as they live, as their Confe&s;&s;or &s;hall in&s;truct them; and dying, the Prie&s;t confer upon them the due ob&s;equies of Chri&s;tians, if they &s;hall have promi&s;ed this, that they would have longer done their penance, if they &s;hould longer have lived.</P>
<P N="22">22. If any one &s;hall have continued in the exerci&s;e of any &s;in all his life-long without any repentance; we know not what coun&s;el we can ima|gine for this man, unle&s;s to leave him to Gods judgment; nor can he be ab&s;olved.</P>
<P N="23">23. If a woman be betrothed to a man, it is not lawful for another to marry her; if any man does, let him be excommunicated.</P>
<P N="24">24. If any man takes away by deceit a Wife or Virgin for his Concu|bine, again&s;t her will, let him be excommunicated.</P>
<P N="25">25. If any one &s;hall entice away the Waiting-woman of another, to lie with her, and &s;hall lie with her again&s;t her will; if he be in Orders, he &s;hall lo&s;e the dignity of his Order; but if he be a Laick, he &s;hall be excommuni|cated from every Chri&s;tian thing.</P>
<P N="26">26. If a Virgin be betrothed, and before marriage be made a Captive, or by any other accident be carried away from him to whom &s;he is betrothed, and it happen that afterward &s;he come into the &s;ight of her Spou&s;e, leave being fir&s;t asked, they may cohabit <HI>carnaliter,</HI> becau&s;e &s;he was taken from him again&s;t her will.</P>
<P N="27">27. If a woman &s;hall enter into Religion, and afterwards returning to worldly vanities, &s;hall take the admini&s;tration of a family, thinking with her&s;elf, that &s;he may &s;atisfie God from whom &s;he hath turned a&s;ide, out of her goods; this can in no wi&s;e be, unle&s;s &s;he turn away from the cu&s;tom of her &s;in, and return to Chri&s;t, that &s;he may lead her life as her Confe&s;&s;or &s;hall in&s;truct her, and always carefully amend her trangre&s;&s;ion.</P>
<P N="28">28. If a Ma&s;s-prie&s;t or Monk kill a man, let him lo&s;e the dignity of
<PB N="168" REF="148"> his Order, and fa&s;t ten years, <HI>viz.</HI> five with bread and water, and all the other five, three days in every week, in the re&s;t let him enjoy meat, and while he lives, diligently lament his crime. A Deacon, eight years with bread and water, and the other as above&s;aid: A Clerk, &s;ix years, whereof four with bread and water: A Laick, five years, three with bread and water, <HI>ut &s;upra.</HI></P>
<P N="29">29. If any man kill a man in Orders, or his next Cou&s;in, he &s;hall for|feit his land and goods, and &s;hall be done to as the Pope &s;hall appoint, and moreover &s;hall always lament.</P>
<P N="30">30. If a Ma&s;s-prie&s;t or Monk be wantonly lu&s;tful, or violate matri|mony, let him fa&s;t ten years, and always lament; a Deacon &s;even, a Clerk &s;ix, a Laick five. So be it.</P>
<P N="31">31. If a Ma&s;s-prie&s;t, or Monk, or Deacon hath a lawful wife before he took Orders, and having left her, entred into Religion; yet afterwards raging in lu&s;t, &s;hall privily take her; let every one of them fa&s;t as for man-&s;laughter, and moreover vehemently lament.</P>
<P N="32">32. If a Ma&s;s-prie&s;t, or Monk, or Deacon, or Laick, or Clerk &s;hall commit fornication with a Nun, let every one fa&s;t as is meet for his Order, as for homicide, and as long as he lives ab&s;tain from fle&s;h; and a Nun ten years, as al&s;o a Ma&s;s-prie&s;t, and always lament the fact.</P>
<P N="33">33. If any one would have any carnal knowledge of a Nun, and &s;he would not, let him fa&s;t one year with bread and water for his wicked thought. If a man would know carnally the lawful wife of another, and &s;he would not, let him fa&s;t one year for his impious thought with bread and water.</P>
<P N="34">34. If any man would know the lawful wife of another, and &s;he would not, let him fa&s;t three <HI>Lents</HI> with bread and water, <HI>viz.</HI> the fir&s;t in Sum|mer, another in Autumn, and a third in Winter.</P>
<P N="35">35. If any one would have to do any unlawful thing with a woman, let him fa&s;t forty days in bread and water.</P>
<P N="36">36. If a man &s;hall have taken another with his daughter, let him com|pound with the harlot, and either of them fa&s;t a year upon Wedne&s;days and Fridays; on other days they may eat any meat but fle&s;h, and imbrace their own wedlock.</P>
<P N="37">37. If a man know carnally a bea&s;t, let him fa&s;t fifteen years, <HI>viz.</HI> eight in bread and water; in the other &s;even, three <HI>Lents</HI> in every year; and upon Wedne&s;days and Fridays as long as he lives, and always lament his &s;in.</P>
<P N="38">38. If a man defile him&s;elf voluntarily, let him fa&s;t three years, and in every one of them forty days in bread and water, and ab&s;tain from fle&s;h upon every one except Sunday.</P>
<P N="39">39. If any one kill another with witchcraft, let him fa&s;t &s;even years, <HI>viz.</HI> three years in bread and water, and on the four other, three days in every week in bread and water, and alwaies lament.</P>
<P N="40">40. If any man &s;hall have given a di&s;ea&s;e to another, let him fa&s;t three years, <HI>viz.</HI> one in bread and water. But if he chance to die thereof, then let him fa&s;t &s;even years, as is here a&s;cribed, and alwaies lament his mi&s;|deeds.</P>
<P N="41">41. If any one u&s;es witchcraft to procure love, and therefore compound any drugs or amorous potion to eat or drink, or u&s;e Negromancie; if he be a Laick, let him fa&s;t upon Wedne&s;daies and Fridaies half a year in bread and water, but upon other daies let him enjoy meat, that is not fle&s;h. A Clerk,
<PB N="169" REF="148"> one year <HI>ut &s;upra,</HI> three days in every week in bread and water. A Deacon three years <HI>ut &s;upra.</HI> A Ma&s;s prie&s;t five years, whereof one in bread and water, and on every Friday of the other in bread and water, and on the other days let him ab&s;tain from fle&s;h.</P>
<P N="42">42. If any man again&s;t nature, and again&s;t the good creature of God, any waies defiles him&s;elf, let him lament whil&s;t he lives what he hath per|petrated.</P>
<P N="43">43. If any one overlaies an infant in &s;leep, whereof it dies, let him fa&s;t three years, one of them in bread and water, and in the other two, three daies in every week. But if it &s;hall happen from drunkenne&s;s, he &s;hall be more grievou&s;ly puni&s;hed as his Confe&s;&s;or &s;hall teach, and the delinquent alwaies lament.</P>
<P N="44">44. If an infirm infant dies a Heathen, and this came to pa&s;s by fault of the Prie&s;t, let him lo&s;e the degree of his Ordination, and diligently make compen&s;ation. And if it hapned through the negligence of his friends, let them fa&s;t three years, <HI>viz.</HI> one in bread and water, and the other two, three daies in a week, and alwaies bewail it.</P>
<P N="45">45. If any &s;hall &s;ell any Chri&s;tian to Heathen, let him be unworthy to enjoy any benefit of Chri&s;tian folk, unle&s;s he &s;peedily redeem him home again, becau&s;e he had &s;old him from home: And if he cannot do this, let him di&s;tribute that price altogether on Gods grace, and free another Captive with another ran&s;om, and &s;et him free. And this let him fulfill three years, as his Confe&s;&s;or &s;hall appoint: And if he hath not means by which he may redeem the Captive, let him increa&s;e his puni&s;hment into &s;even years pe|nance, and alwaies lament.</P>
<P N="46">46. If any &s;hall grievou&s;ly offend by manifold &s;inning, and de&s;ires at length to leave and correct the&s;e things, let him often go to the Mona&s;tery, and there alwaies &s;erve God and man as he &s;hall be taught; or let him de|part a great way from his country, and alwaies repent whil&s;t he lives, and help his &s;oul, at lea&s;t her eon earth, with all profound amendment which he may find, as &s;hall be taught him.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of Satisfaction.</HEAD>
<P N="1">1. In this kind of confe&s;&s;ion, the help of &s;ome Divine does very much conduce to the expiation of &s;in, not le&s;s then the coun&s;el of &s;ome learned Phy&s;itian to the curing of a di&s;ea&s;e.</P>
<P N="2">2. Oftentimes men &s;in by concupi&s;cence, and &s;ometimes through the in&s;tigation of the Devil; and that is mo&s;t terrible, that men bound to God, &s;o often again&s;t God, as they lo&s;e their dignity.</P>
<P N="3">3. And to amend this, there is need of &s;evere penance, but alwaies according to the manner of the order and &s;in, as is ordained in the Canons; and every one ought with all his &s;trength and endeavour, and al&s;o with trouble from the bottom of his heart to go about this. Some may undergo the penance of one year, &s;ome of more, but alwaies after the manner of the &s;in; &s;ome of one moneth, others of more; &s;ome of one week, others of more weeks; and &s;ome of one day, others of more; and &s;ome all the daies of their life.</P>
<P N="4">4. It behoves a Phy&s;itian, who will heal grievous wounds, to make u&s;e of exqui&s;ite medicines: But there are none &s;o grievous wounds as the&s;e &s;ins,
<PB N="170" REF="149"> for the&s;e wounds lead men to eternal death, unle&s;s by confe&s;&s;ion, repentance or &s;atisfaction they make them&s;elves whole.</P>
<P N="5">5. Therefore, both man and woman may be Phy&s;itians who &s;hould heal the&s;e wounds: Fir&s;t the wound is to be inquired into by good coun&s;el; then the ulcerated matter, which does inwardly putrifie, is to be let out, that is, he purge him&s;elf through confe&s;&s;ion.</P>
<P N="6">6. Every man who will blot out his &s;ins by confe&s;&s;ion, embraces found doctrine, not le&s;s then he, who takes a healthful potion from the Phy&s;itian, a deadly di&s;ea&s;e.</P>
<P N="7">7. No Phy&s;itian can rightly cure any di&s;ea&s;e or wound, until the vene|mous matter which putrifies inwardly, be drawn out: Neither can any man rightly teach penance, who refu&s;es to confe&s;s; nor can without confe&s;&s;ion of &s;ins, pronounce ab&s;olution; like as he cannot well be made &s;ound, who hath drunk any deadly thing, unle&s;s the venemous force be expelled.</P>
<P N="8">8. Confe&s;&s;ion being fini&s;hed, any man may by penance ea&s;ily obtain Gods mercy, if he does this from the bottom of his heart, and moreover deplore that he &s;educed by the Devil committed the&s;e &s;ins.</P>
<P N="9">9. A prudent amendment does very much benefit this confe&s;&s;ion, as the cure of a &s;ickne&s;s a good Phy&s;itian. Concerning the works of any one, the Confe&s;&s;or may enquire by the Canons, and moderate according to the power and wealth of them confe&s;&s;ing, as he believs the contrition and care|fulne&s;s of any ones heart.</P>
<P N="10">10. That is great penance, when a Laick mu&s;t lay down his arms, and make pilgrimage far and neer barefoot; who mu&s;t not lie two nights in one place, who fa&s;ts much and watches, who daies and nights prays earne&s;tly, and who willingly wearies him&s;elf, and who is &s;o untrimmed, that no iron hath touched his hair or nails.</P>
<P N="11">11. Who neither comes into warm bath, nor &s;oft bed, nor ta&s;tes fle&s;h, nor drink which may make him drunk; who comes not into a Church, but yet zealou&s;ly &s;eeks holy places, and confe&s;&s;es his &s;ins, and asks interce&s;&s;ion; who ki&s;&s;es no body, yet bitterly deplores his &s;ins.</P>
<P N="12">12. He is propitious to him&s;elf, who in this manner prejudgeth him|&s;elf: And indeed this man is happy, although in nothing he is more un|watchful, then that he might fully correct him&s;elf. Neither was there ever in the world any &s;o grievous a &s;inner, but he might appea&s;e God, if he ar|dently went this way.</P>
<P N="13">13. There are many waies to appea&s;e God for &s;ins; and alms do very much conduce to the forgivene&s;s of them.</P>
<P N="14">14. He who hath means &s;ufficient, let him build a Church to the prai&s;e of God; and if he hath more be&s;ides, let him give land to it, and bring in young men, who may perform holy &s;ervice for him, and therefore daily mi|ni&s;ter to God; and let him repair Gods Church for his means, and High|waies; let him make Bridges over unpa&s;&s;able waters, and dirty places; let him di&s;tribute for Gods &s;ake that which he has, and with as much dili|gence as he can; let him carefully relieve the poor, widows, orphans and &s;trangers; let him manumi&s;s his own &s;ervant, let him redeem &s;ervants from other men to be &s;et free, e&s;pecially the poor man taken in war; let him feed and clothe men in want, and allow them hou&s;eroom and firing, and bath and bedding; and in his nece&s;&s;ity in all places let him make interce&s;&s;ion in &s;inging Ma&s;&s;es and P&s;alms; and let him in his devotion towards his
<PB N="171" REF="149"> Lord God very much cha&s;ti&s;e him&s;elf, by ab&s;taining from meat and drink, and all other bodily de&s;ires.</P>
<P N="15">15. And he who hath le&s;s means, let him &s;et him&s;elf all he can, that in his devotion towards God he paies tithes of all he po&s;&s;e&s;&s;eth; that he examine him&s;elf as often as he can, and often with alms vi&s;it Churches, and &s;alute Holy places with lights, and give his hou&s;e meat, and protection to them that need, and al&s;o fire and &s;ome nouri&s;hment, and bed and bath, and take care to clothe and feed the poor as much as he can.</P>
<P N="16">16. For Gods love let him vi&s;it the &s;orrowful and &s;ick, and bury the dead, often in &s;ecret lie pro&s;trate upon his knees, and often lie pro&s;trate and &s;tretched out upon the ground; let him fa&s;t, watch and pray, night and day diligently. He who hath not means &s;ufficient to perform all the&s;e things, let him endeavour to do as much as he is able: Let him wear out his body again&s;t lu&s;t, if ever by delicacie or lu&s;t he hath plea&s;ed the devil: Now let him by fa&s;ting correct that &s;in, which before he had committed by gluttony; and let him often watch and labor, if at any time he were wonted to the contrary, and given to ea&s;e, when he ought not, or had at other times be|yond mea&s;ure watched in vain: Let him afflict him&s;elf with cold, and frozen baths, for that heat whereof he &s;inned by lu&s;t. If he hath any where offend|ed another unju&s;tly, let him diligently make amends; and if another hath offended him, let him be appea&s;ed as much as in him lies, again&s;t tho&s;e &s;ins which grew up in him&s;elf from the &s;eed of the Devil: And if he hath mi&s;|led any one out of the way, that he might make any gain thereof, let him carefully reduce him to the right way. This is that which I will. If he &s;hall have provoked any one to &s;in, let him do to him what is nece&s;&s;ary, <HI>viz.</HI> Let him reclaim him from his &s;ins, and again lead him in the right way. He who diligently dehorts another from his &s;ins, renders his own the lighter.</P>
<P N="17">17. This judgment every one by the councel of his Confe&s;&s;or may give him&s;elf, who with a con&s;tant mind will break off his &s;ins and correct them, <HI>viz.</HI> Let him di&s;tribute for Gods love all he hath; let him leave with them, lands, country, and all the de&s;irable things of this world, and &s;erve the Lord day and night, and endeavor by all the power he can again&s;t his worldly de&s;ires all the daies of his life. What then is left? that by exhorting others, he gathers to him for the &s;tudy of godline&s;s, by all po&s;&s;ible means he can.</P>
<P>Here in the&s;e following, &s;hall be &s;aid how any Sick man may redeem his declared Fa&s;t.</P>
<P N="18">18. Every man may redeem the fa&s;t of one day with one penny; and any one may redeem the fa&s;t of one day with two hundred and twenty P&s;alms; and any one may redeem the fa&s;t of twelve moneths, with 30^s. or by &s;etting free any one of that price: And for one daies fa&s;t let him &s;ing &s;ix times <HI>Beati,</HI> and al&s;o &s;ix times <HI>Pater no&s;ter;</HI> and for the fa&s;t of one day, let that man bend his knee, and bow him&s;elf to the ground &s;ixty times, &s;aying <HI>Pater no&s;ter.</HI> And al&s;o a man may ab&s;olve the fa&s;t of one day, if in his prayers to God he through all his members lift up him&s;elf to God by true confe&s;&s;ion and right faith, and fifteen times &s;ing <HI>Mi&s;erere mei Deus,</HI> and al&s;o <HI>Pater no&s;ter</HI> fifteen times; Then is a lightening of the &s;ins of the whole day granted to him.</P>
<P N="19">19. Any man may ab&s;olve a &s;even Winters fa&s;t in one year, if he daily
<PB N="172" REF="150"> &s;hall &s;ing the P&s;alms of the P&s;alter, and do the &s;ame at night, and fifty on the evening; one Ma&s;s may ab&s;olve the fa&s;t of twelve daies, and with ten Ma&s;&s;es the fa&s;t of four moneths may be bought off, and with thirty Ma&s;&s;es the fa&s;t of a whole year may be bought off, if any man will out of true love to God intercede for him&s;elf, and confe&s;s his &s;ins to his Confe&s;&s;or, and amend tho&s;e things as he is bidden, and alwaies afterward avoid them.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of the Penance of Mighty men.</HEAD>
<P N="1">1. Thus a mighty man, and having many friends, may by the help of his friends mitigate his penance. Fir&s;t, in the name of God, and by the te&s;timony of his Confe&s;&s;or, let him manife&s;t a right faith, and forgive all who may have &s;inned again&s;t him, and make his confe&s;&s;ion without any omi&s;&s;ion of his &s;ins, and endeavour to repent, and take his penance with much grief.</P>
<P N="2">2. Then let him lay down his Arms, and unprofitable things, and <GAP DESC="foreign">, and taking his &s;taff in his hand, let him go diligently barefoot, and let him u&s;e hair-&s;hirts, nor come on a bed, but lie in a cottage, and do this the number of &s;even years, and prepare him&s;elf three years on this manner, and take to his aid twelve of his companions; let them fa&s;t three daies with bread, crude pottage, and water; and let him get as well as he can, to fini&s;h the work, &s;even times an hundred and twenty men, who may every one of them fa&s;t for his &s;ake three daies; &s;o the number of the&s;e Fa&s;ts will a|mount to &s;o many Fa&s;ts, as there are daies in the &s;even years.</P>
<P N="3">3. When any one fa&s;ts, let him di&s;tribute the di&s;hes wherein his meat was, to all the poor men of God; and in the three daies of his Fa&s;t, let him lay a&s;ide all worldly bu&s;ine&s;s, and day and night as often as he can go to Church, and diligently watch there in Alms light, and cry to God, and beg remi&s;&s;ion of &s;ins with a &s;orrowful &s;pirit and bended knees. Al&s;o let him often &s;tretch him&s;elf upon the &s;ign of the Cro&s;s, now &s;tanding upright, now pro&s;trate upon the ground; and let every mighty man learn &s;incerely to weep and deplore his &s;ins; and al&s;o on tho&s;e three daies feed as many poor men as he can; upon the fourth, let him &s;toop down to wa&s;h their feet; and let there upon the &s;ame day be celebrated for the Penitent &s;o many Ma&s;&s;es, as any one can by any means perform, and on the time of the Ma&s;&s;es let him be ab&s;olved; and then let him take the Euchari&s;t, unle&s;s that through too much guilt he be &s;o hindred, that he dares not take it: Yet let him pro|mi&s;e for the future, as much as in him lies, alwaies to do well, and whil&s;t he lives, by Gods help, to avoid inju&s;tice, &s;o as he may alwaies and rightly hold his Chri&s;tendom, and renounce Heatheni&s;m. Minde, O ye Mini&s;ters of God, his words, and diligently correct his works, that &s;o he may &s;et up all Ju&s;tice, and, by the help of God, as much as in him lies, de&s;troy Inju&s;tice. It is very nece&s;&s;ary he &s;hould perform that to God, even in the lea&s;t thing, which he hath promi&s;ed.</P>
<P N="4">4. This is the lightening of the penance of Great men, who abound in many friends: But it is not granted to an Indigent man to proceed &s;o: It is therefore expedient more &s;trongly to exact this of him; and that as is meet that every one &s;hould wa&s;h away his &s;ins, and undergo him&s;elf his correction. <HI>Scriptum est enim, Quia unu&s;qui&s;que onus &s;uum portabit.</HI></P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<P>The&s;e Canons are &s;et out in the Original by <HI>Abraham VVheelock,</HI> and by him tran&s;lated into Latine, in his Addition to the Hi&s;tory of <HI>Bede,</HI> between the Laws of King <HI>Edgar</HI> and <HI>Ethelred, pag.</HI> 65. until 88.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<PB N="173" REF="150">
<HEAD><HI>Eccle&s;ia&s;tical Laws made by</HI> Canutus, <HI>who began to reign in the year of our Lord</HI> 1016.</HEAD>
<P>THis is the Decree, which <HI>Canutus</HI> King of <HI>England,</HI> of <HI>Denmark</HI> and <HI>Norway,</HI> by the coun&s;el of the wi&s;e men, to the glory of the Immortal God, the ornament of the Royal Maje&s;ty, and the utility of the people, hath ordained at <HI>Winche&s;ter,</HI> upon <NOTE N="*" PLACE="marg">Chri&s;tmas. day.</NOTE> Midwintertide.</P>
<P N="1">1. Fir&s;t of all, let all men devoutly and holily wor&s;hip only one God, and &s;trictly hold them&s;elves to one rule of Chri&s;tian religion, and obey with all faith and ob&s;ervance King <HI>Canutus.</HI></P>
<P N="2">2. And protect Gods Church, and defend it, and frequent it as well for the health of our &s;oul, as the commodity of others. It is meet that one peace be comprehended in all Chri&s;tian Churches, and al&s;o that all Chri|&s;tian men have it in great veneration. For, Gods peace is to be wi&s;hed for before other things; next after that, the Kings peace is to be kept. It is therefore very meet, that the peace of the Church of God, and the tran|quillity delivered into the Kings hand, be alwaies kept inviolable. If any man &s;hall violate either, let him be fined and &s;uffer death, unle&s;s the King &s;hall forgive it. But if any one &s;hall ever hereafter break the peace of the Church of God, &s;o as he kill a man within the walls of a Church, let it be inexpiable, and all men for the love of God per&s;ecute him as an enemy, unle&s;s he flee from thence to &s;ome <HI>A&s;ylum,</HI> that the King may &s;uffer him to enjoy his life, after he had abundantly given recompence to God and man: Which if he &s;hall do, and pay to Chri&s;t and the King the price of his head, then let him be inlawed: And then if he go about to make compen&s;ation, and the King &s;uffer it, let him pay the whole mulct of the Church, which is in the name of the breach of the Kings peace, and purge the Church, and be ready to perform what is meet to the Kindred and Lord of him who is killed, and be very diligent to return into Gods favor.</P>
<P N="3">3. And if any man break the peace of the Church, and do not kill any man, let him make compen&s;ation according to the nature of the crime, whether he did &s;trike, or &s;tole, or committed any other wickedne&s;s. Fir&s;t then, let the mulct be paid according to the nature of the crime, and the excellency of the Church: For there is not one and the &s;ame terrene dignity of all Churches, although all are of the &s;ame Divine con&s;ecration. Tho&s;e crimes which may be expiated, if done in a Mother-church, let them pacifie the King, that is, with five pounds in Engli&s;h money; and a Middle-church with an hundred and twenty &s;hillings, and that is the Kings fine; and if it be a le&s;&s;er, where there is little Service, and hath a church-yard, with &s;ixty &s;hillings; and if a Field-church without a church-yard, with thirty &s;hillings.</P>
<P N="4">4. All Chri&s;tian men ought principally to be very careful, that Gods Holine&s;s, and Orders, and Places con&s;ecrated to him, be religiou&s;ly ob|&s;erved, and to give a due re&s;pect to every degree: For let them under&s;tand that will, or can, much and more is it that the Prie&s;t hath to do for the benefit of the people, if he rightly con&s;ider it; much is the Supplications, and more is the Con&s;ecrations, by which in con&s;ecrating Bapti&s;m and the Euchari&s;t, the Devil is beaten and driven back; and Angels do incompa&s;s
<PB N="174" REF="151"> holy things, and defend their deeds, and through Gods power the Prie&s;t does &s;u&s;tain them, as often as he does truly &s;erve Chri&s;t. That is it, they do all the while the Prie&s;t doth from his &s;oul beg of Chri&s;t, and earne&s;tly reque&s;t of him tho&s;e things which are nece&s;&s;ary for the life of the people: They therefore for the fear of God ought to be preferred in dignity before other men.</P>
<P N="5">5. And if any man accu&s;e a Prie&s;t Regular, and he is con&s;cious of no &s;uch crime, let him celebrate the Ma&s;s, and take the Euchari&s;t thereon, if he fear not to do it, and it &s;hall free him from the calumny of one man: But if there be a threefold accu&s;ation, having taken the Euchari&s;t, (if he pre&s;ume to do it) and having joined him&s;elf to two of his Order, let him blot out all &s;u&s;pition of the &s;uppo&s;ed crime. If any one &s;hall accu&s;e a Deacon being a Regular, of a crime by a &s;ingle te&s;timony, the Deacon con|joining him&s;elf with two of his Order, may free him&s;elf from the crime: But if there be a threefold accu&s;ation again&s;t him, the Elders of that Order being a&s;&s;embled, let him free him&s;elf of the crime. If any accu&s;e a Country-Prie&s;t, who hath bound him&s;elf in no Order of Religion, let him purge him&s;elf as a Deacon living by rule. If any man who &s;erves at the Altar be accu&s;ed of a crime, and is &s;o friendle&s;s that he cannot get one who will &s;wear with him, let him eat the execrated bread, and let God judge of the thing; unle&s;s it be lawful by taking the Euchari&s;t to free him&s;elf from the crime. If any man in holy orders be accu&s;ed of capital Broils, &s;o as that he were the author or coun&s;ellor of the death of another, let him be ac|quitted by offering him&s;elf to the kindred of them who were &s;o beguiled or &s;lain; and if he hath no kindred, let him betake him&s;elf to his com|panion, or fa&s;t until he be lean, and eat the execrated <NOTE N="*" PLACE="marg"><GAP DESC="foreign"></NOTE> bread, and let God give judgment thereupon. But let not a Monk anywhere with right accu&s;e another of breach of friend&s;hip, or pay any thing for feuds; for he hath rejected what&s;oever he might acquire by the right of kindred, when he fir&s;t bound him&s;elf to the rule he profe&s;&s;es. If a Ma&s;s-prie&s;t be not very upright in taking of witne&s;s, or be for&s;worne, or be the author or coun&s;ellor of any theft, let him be di&s;poiled of the dignity of his function, and be deprived as well of all &s;ociety and friend&s;hip, as honor, unle&s;s he &s;hall give abundant &s;atisfaction to God and man, as he &s;hall be commanded by the Bi&s;hop; yet let him give &s;ecurity, that afterward he &s;hall not commit &s;uch things. But if he will purge him&s;elf, let him do it by the triple purgation, or according to the nature of the crime.</P>
<P N="6"><LABEL>An exhortation to Churchmen to live well.</LABEL> 6. And we command, that every one of all Orders do diligently and holily keep the Religion of his Office; e&s;pecially the Servants of God, Bi&s;hops, and Abbots, and Monks, and Nuns, and Canons do bend their minds to their duty, and live according to their Rule; That they often call upon Chri&s;t day and night, and pray for all Chri&s;tian folk. And we pray, and teach all Gods Mini&s;ters, e&s;pecially Prie&s;ts, as they obey God, they favor cha&s;tity, &s;o that they may &s;hun Gods wrath, and avoid the flames of hell. And certainly they know it is not lawful for them to &s;atisfie their lu&s;t to accompany any woman: And they who will ab&s;tain from fle&s;h, and nouri&s;h cha&s;tity, &s;hall obtain Gods mercy, and with equal right enjoy a heap of earthly honor, as though he were a man of free condition. <NOTE N="*" PLACE="marg">Although this be in the Saxon in this Chapter, yet both Mr. <HI>Lam|bert</HI> and <HI>Wheelock</HI> in their tran&s;la|tions have placed it in the 7. Chap.</NOTE> <HI>And that every</HI>
<PB N="175" REF="151"> <HI>Chri&s;tian man, for the fear of God, does re&s;train the unlawful lu&s;ts of the fle&s;h, and obey the commands of Gods law.</HI></P>
<DIV2 TYPE="section">
<HEAD><HI>Of forbidden Matrimony.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 7.</NOTE></HEAD>
<P>And we teach, and pray, and command on Gods name, that no Chri|&s;tian man what&s;oever does marry within the &s;ixth degree of his kindred, nor does take to wife the widow of his kin&s;man who was within the &s;ixth degree, nor that he marries any within the like degree to her who was his wife; nor his Go&s;&s;ip, nor a Ve&s;tal Nun, nor one Repudiate, let no Chri&s;tian man marry. And la&s;tly, he who &s;hall carefully imbrace Gods laws, and &s;tudy to keep his &s;oul from the flames of hell, let him not be a follower of Har|lots, nor have more wives then one, and that &s;he be his bewedded wife.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of paying Tithes.</HI> <NOTE PLACE="marg">8.</NOTE></HEAD>
<P>And let every one, every year, pay ju&s;tly his dues to God: That is, Plough-alms, fifteen nights after <HI>Ea&s;ter;</HI> the Tithes of young living crea|tures, at <HI>Whit&s;untide;</HI> and the Tithes of the Fruits of the earth, at the fea&s;t of <HI>All Saints.</HI> But if any one will not pay his Tithes after the manner afore|&s;aid, <HI>viz.</HI> of the tenth acre of Plough-land, then let the Kings Sheriff, the Bi&s;hop, the Lord of the Soil, and the Prie&s;t of the Church meet, and no thank to him, re&s;tore the tenth part to the Church to which it was due, and leave the ninth to him: As concerning the other eight parts, let the Lord of the Soil have one half, and the Bi&s;hop the other, be he the Kings man, or any Nobleman's.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Peter-pence.</HI> <NOTE PLACE="marg">9.</NOTE></HEAD>
<P>And the money due to <HI>Rome,</HI> is to be paid upon the fea&s;t of S. <HI>Peter:</HI> He who &s;hall not pay it, &s;hall pay that penny to the Bi&s;hop, and thirty pence be&s;ide, and two hundred and twenty &s;hillings to the King.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Fir&s;t-fruits.</HI> <NOTE PLACE="marg">10.</NOTE></HEAD>
<P>Let the Fir&s;t-fruits be paid at the fea&s;t of S. <HI>Martin;</HI> and if a man &s;hall forbear, he &s;hall give them elevenfold to the Bi&s;hop, and two hundred and twenty &s;hillings to the King.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Tithes belonging to the Church of a Freeman,</HI> <NOTE PLACE="marg">11.</NOTE></HEAD>
<P>If a Freeman hath a Church upon his Deme&s;nes, which hath a Church|yard, then it &s;hall be in his power to confer upon his Church the third part of his Tithes: But if there be no Burying place belonging to the Church, then may the Lord of the Soil give the Prie&s;t &s;o much of the nine other parts as &s;hall &s;eem good to him; and let the Hearth money be fir&s;t paid to the Church by every Freeman.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of money for Lights,</HI> <NOTE PLACE="marg">12.</NOTE></HEAD>
<P>And let money be given to Lights, thrice every year: Fir&s;t upon the fea&s;t of <HI>Ea&s;ter,</HI> let one halfpenniworth of wax be impo&s;ed upon every Hide of land; and &s;o much again upon the famous fea&s;t of <HI>All Saints;</HI> and the like to be done upon the fea&s;t of the Purification of S. <HI>Mary.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<PB N="176" REF="152">
<HEAD><HI>Of the money called</HI> Symbolum animae, <HI>and of Burial.</HI> <NOTE PLACE="marg">14.</NOTE></HEAD>
<P>And it is meet, that after a grave be opened, the Burial-money be forth|with told out. And if a man bury one dead, out of the bounds of his pari&s;h, yet &s;hall the Burial-money notwith&s;tanding be re&s;tored to the Church to which of right it did belong.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Gods right, in ob&s;erving Fe&s;tivals and Fa&s;ts.</HI> <NOTE PLACE="marg">15.</NOTE></HEAD>
<P>And let every one defend all Gods right, all he can: Let him celebrate Fe&s;tival and Fa&s;ting-days; al&s;o Sunday keep a fea&s;t from Saturday noon to Munday light, and let every man ab&s;tain from bodily labor.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Sunday.</HI> <NOTE PLACE="marg">16.</NOTE></HEAD>
<P>And we expre&s;ly forbid any Market to be kept, or any Convention of the people to be made upon a Sunday, unle&s;s there be urgent nece&s;&s;ity: And al&s;o let every man upon a Holiday ab&s;tain from hunting, and all bodily labour.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Fa&s;ts.</HI> <NOTE PLACE="marg">17.</NOTE></HEAD>
<P>And we command that every man ob&s;erve all the&s;e Fa&s;ts, whether of the Ember-weeks, or Lent, or any other Fa&s;t, with all godline&s;s; And to fa&s;t all the days of S. <HI>Mary,</HI> and the fea&s;ts of all the Apo&s;tles; but of <HI>Philip</HI> and <HI>James</HI> we command not to be kept Fa&s;t, becau&s;e of the Fe&s;tivity of <HI>Ea&s;ter:</HI> And upon every Friday, if it be not a Fe&s;tival, fa&s;t. And let no man fa&s;t from <HI>Easter</HI> until <HI>Whit&s;untide,</HI> or from <HI>Chri&s;tmas,</HI> until the <HI>Octaba's</HI> of <HI>Epiphany,</HI> unle&s;s he were willing, or injoined by the Prie&s;t.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the times of Vacation.</HI> <NOTE PLACE="marg">18.</NOTE></HEAD>
<P>And we forbid the Ordal upon all Fe&s;tivals, Ember weeks, and other right Fa&s;ting days, and all Pleadings at Law from the fea&s;t of the Anniver|&s;ary of the coming of our Lord, until eight days after <HI>Epiphany;</HI> and from <HI>Septuage&s;ima,</HI> until the fifteenth day after <HI>Easter.</HI> And indeed, the wi&s;e men have ordained, that the Annual fea&s;ts of S. <HI>Edward</HI> and S. <HI>Dun&s;tan</HI> be religi|ou&s;ly ob&s;erved of the Engli&s;hmen upon the 15. Kalends of <HI>April,</HI> and 15. Kalends of <HI>June.</HI> Let every Chri&s;tian man, upon the&s;e &s;olemn fea&s;ts, as is meet, be peaceable and free from all fraud and malice: And if any one did owe any thing to another, whether in the nature of pledge, or compen&s;ation, let him either repay it before the&s;e days, or &s;oon after.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>An Exhortation to Confe&s;sion and Penance.</HI> <NOTE PLACE="marg">19.</NOTE></HEAD>
<P>And we command for Gods love, that all Chri&s;tian men under&s;tand tho&s;e things which are nece&s;&s;ary for the good of their &s;ouls: For, a time will come, when we would rather have obeyed Gods will, when we had time given us, then to have enjoyed all the goods which all men enjoyed in the world. Certainly a reward will be given to every one of us, according to the deeds of every one: Then woe be to the mi&s;erable, which in their life de&s;erved the eternal puni&s;hments of hell. And therefore, that we may diligently avoid our mi&s;deeds, let us ingenuou&s;ly confe&s;s our &s;ins, and ab|&s;tain from all wickedne&s;s for the future, and duly compen&s;ate, and com|mand tho&s;e Laws to others, which &s;hall not be grievous to obey. This is
<PB N="177" REF="152"> right Judgment, and with God acceptable; and he is truly ble&s;&s;ed, which by rule &s;hall judge. For, Almighty God, the Creator of all things, created us all, and with an ine&s;timable price redeemed us, <HI>viz.</HI> with his own life poured out upon us.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>An exhortation to the Euchari&s;t, and hone&s;t life.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 19.</NOTE></HEAD>
<P>And let every Chri&s;tian man do all tho&s;e things which conduce to his health, and be very careful of his Chri&s;tendom. And he which will do all things nece&s;&s;ary for the good of his &s;oul, which all ought to do, mu&s;t under|&s;tand, that thrice at lea&s;t every year he mu&s;t prepare him&s;elf to receive the Euchari&s;t; and he who tru&s;ts that he &s;hall be acceptable, mu&s;t rightly ob|&s;erve all his words and deeds, and religiou&s;ly keep his oath and faith given, and do ju&s;tice all he can, in all parts of our Dominion, and diligently follow Gods ju&s;tice in word and deed. So then at length all of us &s;hall abundantly obtain Gods mercy.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Fealty to the Lord.</HI> <NOTE PLACE="marg">20.</NOTE></HEAD>
<P>Further we will follow what we teach others, always to be faithful to our Lord, and defend his honor with all our might, and obey his will: For, what&s;oever we &s;hall do to our Lord in right and vertue, will be to our &s;elf a great ea&s;e. For in this thing, God the Creator of all things, and Lord, will be faithful to us. It is therefore very meet, that Lords govern their &s;ervants with rea&s;on.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>To wor&s;hip God from the heart, and faith.</HI> <NOTE PLACE="marg">21.</NOTE></HEAD>
<P>And we greatly admoni&s;h all Chri&s;tian men, that inwardly from their heart they love God, and that they &s;tedfa&s;tly hold Chri&s;tian religion, and devoutly obey Gods teachers, and diligently learn Gods law, and contem|plate it, and often and much follow it, to the profit of them&s;elves.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>That men throughly learn the Lords Prayer, and Apo&s;tles Creed.</HI> <NOTE PLACE="marg">22.</NOTE></HEAD>
<P>And we teach, that every Chri&s;tian man &s;o learn, that at lea&s;t he through|ly under&s;tand the right Faith, the <HI>Pater noster,</HI> and <HI>Apo&s;tles Creed.</HI> For, with one of the&s;e every Chri&s;tian man does pray to God; and with the other profe&s;s a right faith to him. Chri&s;t him&s;elf fir&s;t &s;ang the Lords Prayer, and taught it his Di&s;ciples: And that godly Prayer is made up of &s;even petitions, which who&s;oever &s;hall not counterfeitly, but from his heart &s;peak, &s;peaks with God him&s;elf of all tho&s;e things which are nece&s;&s;ary to this life, and the life to come. How then can any man with any rea&s;on pray to God from his &s;oul, unle&s;s he believes on God, and inwardly hath a right faith? For, he that will not learn the&s;e things, after death &s;hall neither partake of any part of re&s;t with Chri&s;tians, neither alive &s;hall he be admitted to the Eu|chari&s;t, nor la&s;tly &s;hall be deemed worthy the name of a Chri&s;tian man. Nay, it &s;hall not be lawful for him to an&s;wer for any one in Bapti&s;m, or before the Bi&s;hop in Confirmation, unle&s;s he &s;hall learn the&s;e and throughly con them.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>That deadly &s;ins be avoided.</HI> <NOTE PLACE="marg">23.</NOTE></HEAD>
<P>And we teach, that every man does alwaies, and carefully avoid all dan|gerous and deadly &s;ins; and if he by chance offend by the impul&s;e of the Devil, let him make amends therefore, by the in&s;truction of the Prie&s;t.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="176" REF="153">
<HEAD><HI>And among the&s;e, Avoutery.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 24.</NOTE></HEAD>
<P>And we teach, that every one as long as he lives; does avoid all Avoutry and forbidden lu&s;t, and breach of wedlock.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>That men be fearful of the dreadful Judgment.</HI> <NOTE PLACE="marg">25.</NOTE></HEAD>
<P>And we teach, that the fear of God may alwaies &s;o &s;ink into the &s;ouls of men, that days and nights they may fear puni&s;hments for their &s;ins, and dread the day of Judgment, and be affrighted for the torments of Hell, continually think of the la&s;t day of their life.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>That Bi&s;hops and Prie&s;ts faithfully perform their duties.</HI> <NOTE PLACE="marg">26.</NOTE></HEAD>
<P>Truly, Bi&s;hops are Gods proclaimers, and Interpreters of Gods law: It is their part openly to &s;et forth the benefit of Divine things, and expo&s;e them&s;elves by well living an example to imitate; and they who will, may give their ears and mind to the&s;e things. He is a bad Keeper, who will not defend his Flock at lea&s;t with his voice, if he can do no more, again&s;t him who &s;hall go about to &s;poil it. And there is one mo&s;t hurtful Devil of all other, who alwaies mightily endeavors to bring de&s;truction upon the &s;ouls of men. Wherefore it will be expedient that Pa&s;tors watch, ward, and proclaim to the people, what dangers hang over them from their mighty adver&s;aries, and that they be provided again&s;t them. We call Bi&s;hops and Prie&s;ts, Pa&s;tors, to whom it belongs by teaching and doctrine, to look to, and de|fend the flock of the Lord, le&s;t at any time the Wolf enflamed by rage and wickedne&s;s, &s;hould bite and tear them with his teeth. But yet if any one will &s;hut his ears again&s;t the Divine precepts and admonitions, be it be|tween God and him&s;elf, and let the Name of God be alwaies prai&s;ed; To whom be all prai&s;e, glory and honor, world without end, <HI>Amen.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Among the Humane Laws (&s;o &s;tiled) of <HI>Canutus,</HI> I find the&s;e in&s;erted. <HI>Of Ca&s;ting out of Witches and Sorcerers.</HI> <NOTE PLACE="marg">4.</NOTE></HEAD>
<P>And we command, that this our Dition be every where purged and clean&s;ed from all deadly wickedne&s;s: And if Witches, Fortune-tellers, &s;ecret Murderers, or any Common Bawds, be any where taken in our King|dom, let them be bani&s;hed out of the confines of it; or in the Kingdom, (unle&s;s they become of a better mind, and mend their manners) let them be put to a vile death. Who will not obey right, and Divine and Humane Laws (unle&s;s they repent, and make abundant &s;atisfaction) be commanded to be bani&s;hed, &amp;c.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of aboli&s;hing the Super&s;tition of the Gentiles.</HI> <NOTE PLACE="marg">5.</NOTE></HEAD>
<P>We plainly forbid all Heatheni&s;h Adoration. It is barbarous Wor&s;hip, whether any one wor&s;hip Idols, <HI>(viz.</HI> the Gods of the Gentiles) the Sun, the Moon, Fire, or Running water, Fountains, or Stones, or any kind of Trees or Wood, or hath ob&s;erved the &s;uper&s;tition of Witches, &amp;c.</P>
<P>Although at any time no leave is given for Inju&s;tice, yet without doubt Iniquity is mo&s;t forbidden upon Holy daies, and in Holy places; and by how much a man is richer, and placed in dignity above other men, by &s;o much more abundantly &s;hall he make amends to God and men for wrong done.
<PB N="179" REF="153"> And how he &s;hall compen&s;ate to God, we refer to the precepts out of Scri|pture, and to Men, as is &s;et down in Humane laws.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of killing a Mini&s;ter of the Altar.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 36.</NOTE></HEAD>
<P>If any of them who &s;erve at the Altar, be killed of any man, let that man be excluded out of the patronage of all Divine and Humane laws; unle&s;s together with bani&s;hment, he make abundant &s;atisfaction for that wickedne&s;s, and give &s;atisfaction to the Kindred of him who was killed; or at lea&s;t, together with &s;ufficient men who may be &s;worne, wa&s;h out all &s;u&s;pition of the crime. And this &s;atisfaction ought to be made to God and men within thirty daies, upon the penalty of the forfeiture of all he hath.</P>
<Q><L><HI>Vide Para.</HI> 9. <HI>of the antecedent Chap.</HI> <NOTE PLACE="marg">37.</NOTE></L>
<L><HI>Vide Para.</HI> 10. <HI>of the antecedent Chap.</HI> <NOTE PLACE="marg">38.</NOTE></L></Q>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Arre&s;ting or beating one in Orders.</HI> <NOTE PLACE="marg">39.</NOTE></HEAD>
<P N="39">39. If any one &s;hall impri&s;on, beat, or u&s;e a man bound to God igno|miniou&s;ly, let him make amends as is meet: Let him pay to the Bi&s;hop for the dignity of his order, a mulct by the name of <NOTE N="*" PLACE="marg">Clean&s;ing the Altar.</NOTE> <GAP DESC="foreign">; and to the Lord or King full &s;atisfaction for breach of the Peace; or at lea&s;t wa&s;h out the crime with a full and perfect excu&s;e.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of a man Ordained guilty of Death.</HI> <NOTE PLACE="marg">40.</NOTE></HEAD>
<P>If any one in Holy Orders be guilty of Death, let him be taken and held to what puni&s;hment &s;hall be inflicted upon him by the Bi&s;hop.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of a man condemned, who de&s;ires a Confe&s;&s;or.</HI> <NOTE PLACE="marg">41.</NOTE></HEAD>
<P>If any man condemned to death, freely de&s;ires a Confe&s;&s;or to confe&s;s his &s;ins, let it be granted him: But if any one &s;hall deny it him, let him pay the King an hundred and twenty &s;hillings, or at lea&s;t purge him&s;elf from the crime, and have five men joined with him, and be him&s;elf the &s;ixth.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of ob&s;erving Sunday and Fe&s;tivals.</HI> <NOTE PLACE="marg">42.</NOTE></HEAD>
<P>No man, as much as po&s;&s;ible can be, condemned for any crime, unle&s;s he did re&s;i&s;t or flee, &s;hall be put to death upon a Sunday, but &s;hall be kept bound until the fea&s;t be pa&s;&s;ed. If any Freeman work upon a Holy day, then let him &s;tand in the pillory, and give &s;atisfaction to God, as it &s;hall be commanded him: If a Servant do any work, let him be beaten, or be put into fear of beating for it. If a Ma&s;ter command his Servant unwilling to work upon a Fe&s;tival, let him be fined to his Servant, and the Servant free for the time to come: And if the Ma&s;ter be a <HI>Dane,</HI> let him pay the mulct of the Law-breaking; An <HI>Engli&s;hman</HI> &s;hall be fined according to the nature of the fact, or excu&s;e it.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>That men ob&s;erve Lent and Fe&s;tivals.</HI> <NOTE PLACE="marg">44.</NOTE></HEAD>
<P>If a man break <HI>Lent</HI> by Fighting, Marriage, Rapine, or by committing any other wickedne&s;s, let his compen&s;ation be double. The like Law is, according to the nature of the fact, if any of the&s;e be committed upon any &s;olemn Fe&s;tival. And if any one will purge, let him bring a threefold pur|gation.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="180" REF="154">
<HEAD><HI>Of deteining the Duties of the Church by force.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 45.</NOTE></HEAD>
<P>If a <HI>Dane</HI> &s;hall re&s;i&s;t by force any one de&s;iring the rights or duties be|longing to God, let him be puni&s;hed for breach of the Law; An <HI>Engli&s;h|man</HI> &s;hall be a&s;&s;e&s;&s;ed in a deeper mulct, unle&s;s he purge him&s;elf with eleven men, and be him&s;elf the twelfth man. But if he wound any man, let him make amends and pay a grievous mulct to the Lord, and let his hands be bored through, unle&s;s he &s;hall redeem them from the Bi&s;hop. But if he killed any one, let him be outlawed, and pur&s;ued by all Magi&s;trates with all the harm that they lawfully may: And if afterward that man &s;o pur&s;ued be killed, let it be confirmed, and unpuni&s;hed, and no further enquired after.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of a man breaking Holy Order.</HI> <NOTE PLACE="marg">46.</NOTE></HEAD>
<P>If any man violate his Order or Rule of living, let him be fined ac|cording to the dignity of his Order, or price of his head, for puni&s;hment of the breach of the Law, or forfeit all he hath.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Repairing the Church.</HI> <NOTE PLACE="marg">63.</NOTE></HEAD>
<P>All men by right ought to u&s;e their endeavor to repair the Church.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of him who keeps a man Excommunicated, or Outlawed.</HI> <NOTE PLACE="marg">64.</NOTE></HEAD>
<P>If any man &s;hall unju&s;tly keep any Fugitive from Gods law, let him be re&s;tored to right, and forgiven tho&s;e things which did appertain to him, and let him pay to the King the price of his head: But if any one &s;hall keep and hold any other excluded from the protection of Divine or Humane laws, he &s;hall endanger him&s;elf, and all he hath.</P>
</DIV2>
<DIV2 TYPE="conclusion">
<HEAD><HI>The Conclu&s;ion of</HI> Canutus <HI>his Laws.</HI></HEAD>
<P>Now I be&s;eech all men, and in the name of Almighty God command every man, that they be truly from their heart converted to God, and with all care and diligence &s;earch out what is to be followed, and what avoided. And truly it does much conduce to our &s;ouls health, that we love God, and hold his precepts and admonitions, and hear his word by his teachers: For we &s;hall bring forth the&s;e to be &s;een in that day, wherein God &s;hall come to give judgment upon all men according to tho&s;e things they did whil&s;t they lived. And then at length &s;hall that ble&s;&s;ed Keeper bring the Flock committed to his charge, into the Heavenly kingdom, and the joys of Angels, for tho&s;e things which he had done in his life; and al&s;o that ble&s;&s;ed Flock follow that Pa&s;tor, who hath wreathed it out of the hands of the Devil, and give the gain to God. And further we &s;tudy, that all men may &s;o agree to plea&s;e God, that for the time to come we may avoid the flames of Hell-fire. The Interpreters of Gods Law ought often to preach the benefit of Divine things; and indeed it is their function, and does much benefit all men to &s;alvation: And all men ought with a good mind diligently to hear, and have Gods admonitions always fixed in their &s;oul for their profit. And la&s;tly, that every one, by his words and deeds all he can, holily and thankfully do well, to the greater amplitude and glory of God his Lord; for &s;o at length we &s;hall abundantly all of us obtain Gods mercy. Let the name of the Lord be prai&s;ed, to whom be laud, honor and glory for ever. God Almighty be merciful to us all, according to his will. <HI>Amen.</HI></P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<PB N="181" REF="154">
<HEAD><HI>Eccle&s;ia&s;tical Laws made by Good King</HI> Edovard, <HI>Who began to reign</HI> Anno Salutis 1042.</HEAD>
<DIV2 TYPE="section">
<HEAD><HI>Of Clerks, and their Po&s;&s;e&s;sions.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 2.</NOTE></HEAD>
<P>LEt every Clerk, and al&s;o Scholars, and all their goods and po&s;&s;e&s;&s;ions where&s;oever they be, enjoy the peace of God and his Church.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Times and Dayes of the Kings Peace.</HI> <NOTE PLACE="marg">3.</NOTE></HEAD>
<P>From the coming of our Lord, until eight days after Epiphany, let the peace of God and his holy Church be all over our Kingdom; al&s;o from <HI>Septuage&s;ima,</HI> until eight days after Ea&s;ter; al&s;o from the A&s;cen&s;ion of our Lord, until eight days after Whit&s;untide; al&s;o all the days in Ember-weeks; al&s;o upon every Saturday from the ninth hour, and all the day following until Munday; al&s;o upon the Vigils of S. <HI>Mary,</HI> S. <HI>Michael,</HI> S. <HI>John</HI> the Bapti&s;t, of all the Apo&s;tles and Saints who&s;e &s;olemnities are celebrated by Prie&s;ts upon Sunday; and All Saints upon the Kalends of <HI>November,</HI> al|waies from the ninth houre of the Vigil, and the following Solemnity. Al&s;o in Pari&s;hes in which the Dedication is ob&s;erved; al&s;o in the Pari&s;hes of Churches where the proper Fea&s;t of the Saint is celebrated. And if any one will come devoutly to the celebration of the Saint, he &s;hall enjoy peace going, &s;taying and returning. Al&s;o to all Chri&s;tians going to Church to pray, be peace in going and returning. In like manner at Dedications, Synods, to men coming to Chapters, whether they be &s;ummoned, or of them&s;elves have any thing to do, be highe&s;t peace. Al&s;o if any man ex|communicated, flee to the Bi&s;hop for ab&s;olution, let him freely, in going and returning, enjoy the peace of God and his Church. But if any man &s;hall do otherwi&s;e with him, let the Bi&s;hop do ju&s;tice therefore: But if any arrogant man will not amend for the ju&s;tice of the Bi&s;hop, the Bi&s;hop may make the matter known to the King; and the King may con&s;train the malefactor to make him amends whom he hath outlawed, <HI>viz.</HI> fir&s;t to the Bi&s;hop, then to him; and &s;o they &s;hall be two &s;words, and the &s;word &s;hall help the &s;word.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Ju&s;tice of the Church.</HI> <NOTE PLACE="marg">4.</NOTE></HEAD>
<P>Where&s;oever the Kings Ju&s;tice is, or before whom&s;oever Pleas are holden, if one &s;ent of the Bi&s;hops coming there, opens the cau&s;e of the holy Church, it &s;hall fir&s;t be determined: For it is ju&s;t that God be every where honored before others.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of all Tenents of the Church.</HI> <NOTE PLACE="marg">5.</NOTE></HEAD>
<P>Who&s;oever &s;hall hold any thing of the Church, or have a man&s;ion upon the ground of the Church, &s;hall not be compelled to hold Pleas out of the Eccle&s;ia&s;tical Courts, although he be outlawed, unle&s;s (which God forbid) he &s;hall have default of right in the Court Eccle&s;ia&s;tical.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Guilty men fleeing to the Church.</HI> <NOTE PLACE="marg">6.</NOTE></HEAD>
<P>Who&s;oever, guilty or nocent, &s;hall flee to the Church for protection, after that he hath gotten the entrance of the Church, let him not be ap|prehended
<PB N="182" REF="155"> of any man pur&s;uing him, unle&s;s by the Bi&s;hop or his Mini&s;ter; but if in fleeing he enters into the Hou&s;e or Court of any Prie&s;t, let him en|joy the &s;ame &s;ecurity and peace he &s;hould have had at the Church, &s;o as the hou&s;e of the Prie&s;t and his Court &s;tood upon the ground of the Church. Here, if the thief or &s;tealer be, what he hath evil gotten, (if it be at hand) let him re&s;tore; but if he hath wholly con&s;umed it, and hath wherewith to re&s;tore of his own, let him make full &s;atisfaction for the damage he brought to him who was damnified. But if, as is u&s;ual, the Thief hath not where|with to do it, and by chance hath often gone out of the Church, and Prie&s;ts hou&s;es, having re&s;tored the thing taken away, let him abjure the Province, and not return; and if by chance he &s;hall return, let no man pre&s;ume to en|tertain him, unle&s;s he have leave from the King.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of breaking the Peace of the Church.</HEAD>
<P>If any one &s;hall violently infringe the Peace of the Church, the Ju|&s;tice <NOTE PLACE="marg"><HI>Cap.</HI> 7.</NOTE> belongs to the Bi&s;hops; but if one guilty in avoiding their Judgement, or arrogantly contemning it, &s;hall de&s;pi&s;e it, let the complaint thereof be brought to the King within forty days, and let the Kings Ju&s;tice make him give Security and Pledges (if he can get them) until he fir&s;t give God, af|terward the Church, &s;atisfaction. But if within one and thirty days, either by his friends or acquaintance, or by the Ju&s;tice of the King, he cannot be found out, the King &s;hall Outlaw him by the word of his own mouth: <HI>i. e.</HI> he &s;hall be excluded out of all protection of the King: But if after he &s;hall be found, and can be retained, let him be re&s;tored alive to the King, or his head if he &s;hall defend him&s;elf, <HI>Lupinum enim gerit caput,</HI> which in Engli&s;h is called <GAP DESC="foreign">. This is the common and general Law concerning all men Outlawed.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Tithes to be re&s;tored to the Church, of Sheep and Hoggs.</HI> <NOTE PLACE="marg">8.</NOTE></HEAD>
<P>The tenth &s;heaf of all kinde of corn is due to God, and therefore to be re&s;tored to God: And if any one hath a company of Mares, let him re&s;tore the tenth colt to God; he who hath but one or two, for every &s;ingle colt, one &s;ingle peny: In like maner, who hath many Cowes, the tenth calf; who hath but one or two, for every calf one &s;ingle halfpeny: and who make Chee&s;e, give to God the tenth; but if he make none, milk the tenth day. In like maner the tenth Lamb, the tenth Fleece, the tenth Chee&s;e, the tenth Butter, and the tenth Hogg.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Of Bees.</HEAD>
<P>In like maner the tenth of the profit of Bees; as al&s;o of under-Wood, <NOTE PLACE="marg">In &s;ome the&s;e two Chapters are joyned.</NOTE> of Meadow, and Waters, and Mills, Parks, Warrens, Fi&s;hponds, tender Sprouts, and Gardens, and Merchandize, and all other things which God &s;hall give, the tenth part is to be re&s;tored to him who gave the nine parts together with the tenth; who &s;hall have detained it, let him be compelled to re&s;titution by the Ju&s;tice of the Bi&s;hop and King (if need be.) For the&s;e things St. <HI>Augu&s;tine</HI> hath Preached, and are granted by the King, Barons, and People; but afterwards by the in&s;tinct of the Devil many have detained it, and Prie&s;ts carele&s;s of growing rich, did not care to take pains to get them, becau&s;e they had &s;ufficient means of living: For in many places now there are three or four Churches, where then there was but onely one, and &s;o they began to be dimini&s;hed.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="183" REF="155">
<HEAD>Of them who are judged to be brought to Judgment or Water, by the <NOTE PLACE="marg"><HI>Cap.</HI> 9.</NOTE> Ju&s;tice of the King.</HEAD>
<P>In that day wherein Judgment ought to be done, let the Mini&s;ter of the Bi&s;hop and his Clerks come thither, and in like manner the Ju&s;tice of the King, with Legal men of that Province, who may &s;ee and hear that all things be rightly done; and whom the Lord by his mercy will &s;ave, let them be quit and freely depart; and whom the iniquity of the fault the Lord &s;hall not condemn, let the Ju&s;tice of the King do ju&s;tice upon them. But the Barons who have their juri&s;diction of their men, let them &s;ee that they do &s;o concerning them, as they incur not di&s;plea&s;ure with God, and offend not the King. And if a Suit does ari&s;e concerning men of other Baronies in their Courts, let the Ju&s;tice of the King be pre&s;ent, becau&s;e without it the Suit cannot be determined. If any of the Barons hath not Ju&s;tice in the Hundred where the Plea &s;hall be holden, it &s;hall be determined at the next Church where the Judgment of the King &s;hall be, &s;aving the Right of tho&s;e Barons.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Rome&s;cot.</HI> <NOTE PLACE="marg">10.</NOTE></HEAD>
<P>Every one who &s;hall have Thirty pence of current money in his hou&s;e, of his own property, (by the Law of <HI>England)</HI> &s;hall pay a Peter penny; and by the Law of the <HI>Danes,</HI> half a Mark. But that penny ought to be &s;ummoned upon the Fea&s;ts of the Apo&s;tles <HI>Peter</HI> and <HI>Paul,</HI> and collected at the Fea&s;t which is called <HI>To the Bonds,</HI> &s;o that it be not detained beyond that day: If any one &s;hall longer detain it, let complaint be brought to the ju&s;tice of the King, becau&s;e this penny is the Alms of the King, and it is ju&s;tice he cau&s;e this penny to be re&s;tored, and the forfeiture of the Bi&s;hop and King. But if a man hath more hou&s;es, let him re&s;tore the Peter-penny for that wherein he re&s;ides, upon the fea&s;t of <HI>Peter</HI> and <HI>Paul</HI> the Apo&s;tles.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the Office of the King, and of the Right and Appendixes of the</HI> <NOTE PLACE="marg">17.</NOTE> <HI>Crown of the Kingdom of</HI> Britain.</HEAD>
<P>And the King, becau&s;e he is the Vicar of the highe&s;t King, and to this purpo&s;e ordained, that he may both govern and rule the terrene kingdom and people of the Lord, and above all things the holy Church, and that he defend the &s;ame from wrong-doers, and de&s;troy and root out workers of mi&s;chief.</P>
<P>Be&s;ides the&s;e, Sir <HI>Ed. Coke</HI> in <HI>Cawdries</HI> Ca&s;e, in&s;tances in King <HI>Kenulph;</HI> for that King <HI>Kenulph</HI> by his Letters Patents, with the con&s;ent and councel of his Bi&s;hops and Senators of his Kingdom, did give to the Mona&s;tery of <HI>Abingdon</HI> in the County of <HI>Berks,</HI> and to one <HI>Ruchnius</HI> then Abbot of the &s;aid Mona&s;tery, &amp;c. a certain portion of his Country, &amp;c. and that the &s;aid <HI>Ruchnius</HI> &amp;c. &s;hould be ever free from Eccle&s;ia&s;tical right or juri&s;diction, and that the Inhabiters of it from thenceforth be kept under the yoke of no Bi&s;hop or their Officials, but in all events of things and di&s;cu&s;&s;ions of cau&s;es they be &s;ubject to the Decree of the Abbot of the Mona&s;tery afore&s;aid. And that this Charter was above <NOTE N="*" PLACE="marg">Counting to the time Sir <HI>Ed. Coke.</HI> wrote.</NOTE> 850 years &s;ince, which was in the year 755. and after confirmed by <HI>Edwin</HI> of <HI>Britain,</HI> King and Monarch of Engli&s;hmen; and this Grant did continue until the di&s;&s;olution of the Abby by <HI>Henry</HI> the 8.</P>
<P>So that the Kings of this Nation have not only of antient time been Nur&s;ing fathers to Gods Church, and have exerci&s;ed their Regal power over the per&s;ons of all their Subjects in all ca&s;es; but have even di&s;pen&s;ed with, and conferred Epi&s;copal juri&s;diction. But this was only matter of fact,
<PB N="184" REF="156"> and done but only in one place; nor was it ever e&s;tabli&s;hed by a Law, be|fore the Statute of <HI>Lollard,</HI> and by <HI>Henry</HI> the Eight, and the Fir&s;t of <HI>Eliz.</HI> Yet it was afterward (as &s;hall appear in the next Chap.) u&s;ed by divers Kings, and often adjudged by the Judges before <HI>Henry</HI> the Eighth.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 N="3" TYPE="chapter">
<HEAD>CHAP. III.</HEAD>
<HEAD TYPE="sub"><HI>Eccle&s;ia&s;tical Laws made by</HI> William <HI>the Fir&s;t, who began to reign in the year of Chri&s;t</HI> 1067.</HEAD>
<P>THat Nations and Kingdoms have their origination from God, we <NOTE PLACE="marg">Introduction.</NOTE> have already in its proper place a&s;&s;erted. And that the&s;e Kingdoms thus created by God, have periods, alterations, and conver&s;ions &s;et by him, which cannot be fore&s;een or prevented by man, is certainly as cleer and evident as the former; and often owned by God him&s;elf in Sacred Writ, as well over his own people, as others. But that therefore any man or men &s;hould therefore endeavour to make alterations in King|doms, is like to a man, who becaufe all men naturally die, thinks he may kill any man, and father the fact upon God. And if God, even over his own peculiar people, did for the &s;ins of the Kings and people, e&s;pecially the I&s;raelites, &s;o often convert the line of the Kings; then can it not in rea&s;on be expected, in this Iron and much more &s;inful Age, that God &s;hould every where continue a fixt and certain &s;ucce&s;&s;ion of Kings according to the ordinary cour&s;e of Nature, <HI>viz.</HI> Primogeniture: But that therefore the Pope or any other creature, may arrogate to them&s;elves a right or power &s;uperior to the Law of Nature, is no le&s;s ab&s;urd, then that a Son may kill his Father, becau&s;e all Fathers have periods &s;et by Nature, which they cannot pa&s;s. And that all Subjects do by birth owe a natural &s;ubjection to rightful Princes in who&s;e dominion they were born, which relations can never be di&s;&s;olved but by God him&s;elf, we have in their proper places demon&s;trated: Yet may the exerci&s;e of this power be &s;u&s;pended, &s;o long as &s;uch Subjects come into the power of other Princes, whether it be by conque&s;t or otherwi&s;e, and do owe them a temporary obedience, &s;o long as they continue there; and their po&s;terity born in their dominions, owe &s;uch Princes a natural obedience, which can never be di&s;&s;olved. And al&s;o that &s;ince there is no other Judge under Heaven to decide the controver&s;ie of Princes, but their &s;words, (which can never be alledged by any Subjects who have Laws to decide their differences) &s;uch deci&s;ion is good, as to the exerci&s;e of any Princes power over all them who fall under ir, and all Subjects born in &s;uch exerci&s;e of power or dominion, become natural Subjects to any Prince who by con|que&s;t acquires the dominion of another; we have al&s;o demon&s;trated in its proper place. Yet whether it were of old, that Popes did arrogate to them|&s;elves this right of depo&s;ing Temporal Princes, or debarring them of their right, which about this time was frequently a&s;&s;erted by, and practi&s;ed by the Popes, and which Pope <HI>Alexander</HI> was plea&s;ed to confer upon the Con|queror, again&s;t all Right and Law, to the manife&s;t prejudice of <HI>Eadgar Athelin)</HI> let us &s;ee the Epi&s;tle of S. <HI>Eleutherius</HI> to King <HI>Lucius,</HI> as it is cited in <HI>chap.</HI> 17. of S. <HI>Edovards</HI> Laws.</P>
<PB N="185" REF="156">
<P> In the year from the pa&s;&s;ion of Chri&s;t, 169. or 156. our Lord <HI>Eleutherius</HI> the Pope, wrote to <HI>Lucius</HI> King of <HI>Britain,</HI> at the Petition of the King and Peers of the Kingdom of <HI>Britain. You have required of us, that the</HI> Roman <HI>Laws and of</HI> Ce&s;ar <HI>be tran&s;mitted to you, which you would u&s;e in the Kingdom of</HI> Britain. <HI>We can always reprove the</HI> Roman <HI>Laws, and tho&s;e of</HI> Ce&s;ar, <HI>but not at all the Law of God: For ye have by Gods mercy of late received into your Kingdom of</HI> Britain <HI>the Law and Faith of Chri&s;t, you have of your &s;elf in your Kingdom &s;ufficient Authority, from whence through Gods grace, by the advice of your Kingdom, to make a Law, and by it; through Gods patience, you &s;hall rule the Kingdom of</HI> Britain. <HI>And you are the Vicar of God in your Kingdom, according to the Kingly Prophet,</HI> The earth is the Lords, and the fulne&s;s of all the world, and all who inhabit therein: <HI>And again according to the Kingly Prophet,</HI> Thou ha&s;t loved Ju&s;tice, and hated iniquity, and therefore thy God hath anointed thee with oyl of gladne&s;s above thy fellows. <HI>And again according to the King|ly Prophet,</HI> God is thy Judgement, <HI>&amp;c. Therefore neither the Judgement nor Ju|&s;tice of</HI> Ce&s;ar, <HI>for they are &s;ons of the King, Chri&s;tian Nations, and people of the Kingdom, who live under your Protection and Peace, and Reign, and are accord|ing to the Go&s;pel,</HI> Even as a hen gathereth her chickens under her wings, &amp;c. <HI>But they are Nations and your People of the Kingdom of</HI> Britain, <HI>and who divided, you ought to congregate, recall, nouri&s;h, hold with your hand, protect, and rule into one for concord and peace, and to the Faith, and to the Law of Chri&s;t and his holy Church, and always to defend it from evil doers, and malitious men, and its ene|mies.</HI> Wo to the Kingdom who&s;e King is a boy, and who&s;e Princes eat to|gether in the morning: <HI>I Do not call a King becau&s;e of his &s;mall and tender age, but becau&s;e of his folly and iniquity, and rage, according to the Prophet King,</HI> Men of blood and deceitful, &s;hall not live out half their days, &amp;c. <HI>By eating, we under&s;tand the Pallat, by the Pallat, Luxury, by Luxury, all things filthy and evil, according to King</HI> Solomon, Wi&s;dom &s;hall not enter into the &s;oul of the evil doer, nor &s;hall dwell in a body &s;ubject to &s;ins. <HI>Rex dicitur &agrave; Regendo, non &agrave; Regno: A King thou &s;halt be &s;o long as thou rule&s;t well, which thing if thou wilt not do, the name of King &s;hall not remain in thee, and thou &s;halt lo&s;e the name of King, which God forbid. God Almighty grant to you &s;o to Rule your Kingdom of</HI> Britain, <HI>that you may Reign with him for ever, who&s;e Vicar you are, in the King|dom afore&s;aid, who with the Father and Son,</HI> &amp;c.</P>
<P><LABEL>Of the Right and Eccle&s;ia&s;tical freedom of A&s;ylum's.</LABEL> <NOTE PLACE="marg"><HI>Cap.</HI> 1.</NOTE> That is to &s;ay, Peace to the holy Church. Of what&s;oever forfeiture any one is guilty this time, and he can come to the holy Church, let him have peace of life and member; and if any one hath &s;et his hand again&s;t that which the Mother-Church &s;hall require, whether it be an Abby, or Church of Religion, let him re&s;tore that which he hath taken out, and one hundred &s;hillings for forfeiture; and concerning the Mother-Pari&s;h-Church twenty &s;hillings; and concerning a Chappel ten &s;hillings. And according to the peace of the King, in the Laws of the <HI>Mercians,</HI> he &s;hall make amends with <NOTE PLACE="marg">En perchen<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">|la<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">&punc;</NOTE> one hundred &s;hillings; accordingly as of <HI>Heinefare,</HI> and <HI>prepen&s;ed</HI> lying in wait.</P>
<P><LABEL>Of Peter-pence, or Rome&s;cot.</LABEL> <NOTE PLACE="marg"><HI>Cap.</HI> 18.</NOTE> A Freeman who hath Field-Bea&s;ts valued at thirty pence, &s;hall pay a <HI>Peter-</HI>peny. For four pence which the Lord &s;hall give, all his Border|ers,
<PB N="186" REF="157"> and his Boner, and his Servants be quit. A Burger who hath of his proper goods &s;o much as &s;hall be e&s;teemed half a Mark, let him pay a Peter|peny. He who in the Law of the <HI>Danes</HI> is a Free-man, and hath field-cat|tel which are valued worth half a Mark in &s;ilver, ought to give a peny to St. <HI>Peter,</HI> and for that peny &s;hall all be quit who re&s;ide in his Demains.</P>
<P><LABEL><HI>Of them who do not pay the</HI> Roman <HI>Tribute, or of St.</HI> Peter.</LABEL> <NOTE PLACE="marg"><HI>Cap.</HI> 20.</NOTE> Who &s;hall deny the peny of St. <HI>Peter,</HI> the peny let him pay by the Ju&s;tice of the Church, and thirty pence forfeiture, and if he will be im|pleaded concerning it by the Ju&s;tice of the King, let him forfeit to the Bi&s;hop thirty pence, and forty &s;hillings to the King.</P>
<P><LABEL>Of Religion and the publick Peace.</LABEL> <NOTE PLACE="marg">51.</NOTE> Fir&s;t of all we Ordain above all things, That one God be wor&s;hipped all over our Kingdom, and the one Faith of Chri&s;t be always kept invio|late, &amp;c.</P>
<P><HI>The Laws are Tran&s;lated out of the Original, &s;et forth by Mr.</HI> Abra|ham Whelock <HI>in his Appendix to the Hi&s;tory of</HI> Bede, <HI>from page</HI> 150. <HI>to</HI> 107.</P>
<P>Sir <HI>Ed. Coke</HI> in <HI>Caudrys</HI> Ca&s;e, cites a <HI>quare Impedit,</HI> 7 <HI>Ed.</HI> 3. <HI>tit.</HI> 19. where it is agreed that no man can make an appropriation of any Church having cure of &s;ouls, being a thing Eccle&s;ia&s;tical, and to be made by &s;ome per&s;on Eccle&s;ia&s;tical, but he that hath Eccle&s;ia&s;tical Juri&s;diction; but <HI>William</HI> the fir&s;t, of him&s;elf, without any other (as King of <HI>England)</HI> made appropriati|on of Churches with cure to Eccle&s;ia&s;tical per&s;ons, wherefore it does fol|low he had Eccle&s;ia&s;tical Juri&s;diction. <HI>Here is nothing but</HI> argumentum &agrave; facto ad jus, <HI>and a man may as well infer, that</HI> Saul, Jeroboam, <HI>and</HI> Azariah <HI>did offer &s;acrifice and burn incen&s;e, and therefore they had Sacerdotal power in them; or that King</HI> John <HI>did give the Crown, and received</HI> it again from him, and therefore the Crown of <HI>England</HI> is <HI>holden of the Pope.</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD>Eccle&s;ia&s;tical Laws made by <HI>Henry</HI> the fir&s;t, <HI>Who began to Reign in the year of Chri&s;t</HI> 1100.</HEAD>
<P>THe&s;e at la&s;t are the happy joys of the long wi&s;hed for peace and liberty <NOTE PLACE="marg">Proem.</NOTE> by which the glorious <HI>Ce&s;ar Henry</HI> doth &s;hine forth to his whole king|dom, in Divine and Secular Laws, written In&s;titutes and Exhibitions of good Works, Moderate, Ju&s;t, Valiant, Prudent, whom God may make to command with happy au&s;pices, and healthful pro&s;perity of body and minde, with his famous wife <HI>Maud</HI> the &s;econd, and their children for ever, and the everla&s;ting peace of this Nation.</P>
<DIV2 TYPE="section">
<HEAD><HI>His Epi&s;tle to all his Leigmen.</HI> <NOTE PLACE="marg">1.</NOTE></HEAD>
<P><HI>Henry</HI> by the Grace of God King of <HI>Engli&s;hmen,</HI> to all Barons, and his Leigmen, <HI>French, Engli&s;h,</HI> health. Know that I by Gods mercy and the Common Coun&s;el [and con&s;ent] of the Barons of the Kingdom of <HI>England,</HI> am Crowned King of the Kingdom afore&s;aid; and becau&s;e the Kingdom
<PB N="187" REF="157"> was oppre&s;&s;ed by unju&s;t exactions, I, in re&s;pect of God, and the love which I have towards you [all] fir&s;t of all make the Church of God free, &s;o that I will neither &s;ell, nor let to farm, nor after the death of an Archbi&s;hop or Bi&s;hop, or Abbot, will take any thing of the Deme&s;ns of the Church, or her men, until the &s;ucce&s;&s;or be come in, &amp;c.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the propriety of Cau&s;es.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 5.</NOTE></HEAD>
<P>In all Cau&s;es Eccle&s;ia&s;tical and Secular, legally, and in order to be hand|led, &s;ome are Accu&s;ers, &s;ome Defenders, &s;ome are Witne&s;&s;es, &s;ome are Judges: In every di&s;cu&s;&s;ion of hone&s;ty, fitting men are to be joyned toge|ther, and that without any exaction, until the quality of the Cau&s;es, and the intention of the Accu&s;ed, the manner of Witne&s;&s;es, and election of Judges be weighed with upright &s;crutiny: Let there be no foreign Judgements, nor celebrated by their improper Judge in place or time, nor in a doubtful ca&s;e, or the party accu&s;ed being ab&s;ent, the &s;entence being pronounced <HI>notandum,</HI> that for all, if the accu&s;ed had competent warning, and lawful leave of an|&s;wering and defending, he be not denied or impleaded, or outlawed, or cir|cumvented by &s;ome &s;tealth, or judged by deceit: If he be &s;atisfied in the Witne&s;&s;es, Judges, and Per&s;ons. If he con&s;ent to the Judges, or hurt, or contradict. It is not altogether &s;o in Eccle&s;ia&s;tical bu&s;ine&s;s as Secular: in Secular bu&s;ine&s;s, after that any is called, &s;hall come, and begin to plead in the Court, it is not lawful to go back before the Cau&s;e be determined, al|though they &s;hall agree; but in Eccle&s;ia&s;tical bu&s;ine&s;s it is lawful to go back in the Cau&s;e afore&s;aid. If a man &s;u&s;pect a Judge, or think him&s;elf oppre&s;&s;ed; &s;urely Judges ought not to be &s;o, <HI>ni&s;i quos impetitus Elegerit:</HI> Neither may any one be heard, or give judgement before that they be cho&s;en, and he who refu&s;es to con&s;ent to the elected, let no man communicate with him, until he obey; but if in judgement there ari&s;es di&s;&s;ention among the parties, of which a &s;trife comes forth, let the &s;entence of the more prevail. It is En|acted in the Cau&s;e of Faith, or of any Eccle&s;ta&s;tical Order, he ought to judge, who neither takes reward, nor is of another Law, and will do nothing without an accu&s;er: For God and our Lord Je&s;us Chri&s;t did know <HI>Judas</HI> to be a Thief; but becau&s;e he was not accu&s;ed, therefore he was not rejected, and what&s;oever he acted among the Apo&s;tles, for the dignity of his Office, remained firm: As al&s;o Clerks ought not to receive Laiks Accu&s;ers, &s;o ought not Laicks to receive Clerks to be Accu&s;ers of Clerks in their Ac|cu&s;ations and Informations; and Witne&s;&s;es ought to be legitimate, and pre|&s;ent without any infamy or &s;u&s;pition, or manife&s;t &s;pot, becau&s;e they cannot rightly accu&s;e Prie&s;ts, who cannot be Prie&s;ts, nor of their Order; nor is it needful to Judge a man before he hath had lawful Accu&s;ers pre&s;ent, and ac|cepts a place of defence to wa&s;h out his crimes. And it is our plea&s;ure, as often as many crimes are objected to Clerks by Accu&s;ers, and they cannot make good one of the fir&s;t of which they are accu&s;ed, they &s;hall not be ad|mitted to the re&s;t. And a Bi&s;hop &s;hall not be condemned, unle&s;s by &s;even|ty two Witne&s;&s;es, nor the Archbi&s;hop be judged of any. A Presbyter-Car|dinal <NOTE PLACE="marg">Note the pre|heminence of a Bi&s;hop in <HI>England</HI> at this time, a|bove a Cardi|nal.</NOTE> &s;hall not be condemned, unle&s;s by forty four Witne&s;&s;es: a Deacon-Cardinal &s;hall not be condemned, unle&s;s by twenty &s;ix Witne&s;&s;es, nor a Sub-Deacon under &s;even; nor let the greater de&s;pair for the force of the le&s;|&s;er men; and there always the Cau&s;e may be Pleaded, where the Crime is
<PB N="188" REF="158"> admitted. If a man &s;tricken, will, he may plead his cau&s;e before his Judge; and if he will not before his Judge, he may hold his peace; and as for men &s;tricken, as often as they de&s;ire re&s;pit, let it be granted: And every man which objects a crime, let him write that he will prove it; and if before he be changed, he will not follow, he is convinced, no crime is to be account|ed: But if he will pro&s;ecute, if he &s;hall not prove what he objects, let him undergo the penalty which he brought; the Apo&s;tle &s;ays, <HI>Again&s;t a Presby|ter a writing is not to be received without two or three approved witne&s;ses;</HI> how much more again&s;t Bi&s;hops, if the&s;e things be ob&s;erved of Presbyters, and o|ther faithful men? If any one will accu&s;e any of the Clerks in an accu&s;ation of Fornication, according to the precept of St. <HI>Paul,</HI> two or three te&s;timo|nies are required from him; but if he cannot prove what he &s;aith, by the te&s;timonies given, the accu&s;er may take the excommunication of the accu|&s;ed; and let no man believe him concerning him&s;elf, declaring upon ano|ther crime; but a confe&s;&s;ion extorted by fear or fraud, is invalid. Let a Prie&s;t beware, that who&s;oever confe&s;&s;es his &s;ins to him, he tell no body of them, becau&s;e he confe&s;&s;eth to him, not to his neighbors, or &s;trangers; which thing if he do, let it be &s;et down, and repent all the days of his life ignobly in Pilgrimage. And if at any time a Bi&s;hop &s;ays any man hath con|fe&s;&s;ed to him any proper crime, and he deny it, let not the Bi&s;hop think it does not belong to his injury, that he is not believed for him&s;elf alone, and if for &s;cruple of his con&s;cience, he &s;ays he will not communicate to him; oftentimes good men are &s;ilent, and &s;uffer the ill things which they have known, becau&s;e they are for&s;aken in their documents, and cannot allow of their Judges; for although they are true, yet are they not believed of the the Judge, unle&s;s they be proved by certain appearances: But we cannot at all forbid men from the Communion, although this Prohibition be not mortal, but medicinal, unle&s;s men confe&s;s of their own accord, and be con|victed by judgement: From hence it is &s;uch a man is to be named, as the Apo&s;tle &s;ays, who confe&s;&s;es, or is convinced by ordinary judgement; but if by judgement it cannot be taken away, let it rather be tolerated, le&s;t &s;ome man in perver&s;ly avoyding ill men departing from the Church, &s;hould go before them to Hell: The Communion does not defile any man by partaking the Sacraments, but the confe&s;&s;ion of their deeds: other mens &s;ins hurt not him who lives well in the Church. Of habit and clothing we read nothing commanded by God; what things are for pomp, are for|bidden: And if you &s;hall ask, Can&s;t thou not have an humble heart in a proud dre&s;&s;ing (as <HI>He&s;ter)</HI> God not onely in his anger, but al&s;o pitty, over|throws &s;inners.</P>
<P>And they are overthrown two ways: either as the <HI>Sodomites,</HI> where the men were puni&s;hed for their &s;ins; or as the <HI>Ninivites,</HI> where the very &s;ins of the men were puni&s;hed and de&s;troyed; and all men are alike to beloved, but you cannot alike profit with all; the&s;e are rather to be advi&s;ed with, who for the opportunity of time and places, and of other things, are more &s;trictly joyned together: To thee either is guilty, both he which hides the truth, and he which tels a lie, becau&s;e this will not profit, and that de|&s;ires to hurt; arrogance is not &s;o to be &s;hunned that truth &s;hould be left. He that at any time &s;hall accu&s;e a Prie&s;t before friendly admonition to his Judges, or Secular Judges, let him be excommunicated. If a Bi&s;hop &s;hall have &s;trayed from the faith, or &s;ecretly admoni&s;hed of his &s;ubjects, hath
<PB N="189" REF="158"> appeared incorrigible, then let him be accu&s;ed at the Archbi&s;hops, or A|po&s;tolical &s;eat; for his other actions he ought rather to be tolerated then corrected. If any Bi&s;hop be accu&s;ed for certain crimes, let him be heard of all the Bi&s;hops in his Province, not condemned, nor judged, before he has lawful accu&s;ers pre&s;ent, and of his Province, not aliens, and he may not re|fu&s;e Judges elected by him, unle&s;s there be an Appeal, which thing is law|ful for them de&s;igned for puni&s;hment; but no affliction, or the keeping the thing detained, ought to injure the Appellant, or the vitiated Cau&s;e ayded by remedy of the Appeal: Some men have demanded a year and &s;ix moneths to be granted for filling up the Machinations of unskilful men, and to prepare their Rea&s;ons, and confirm Witne&s;&s;es, and &s;eek Coun&s;el, &s;ome men a year, in which time mo&s;t men agree; but le&s;s then &s;ix moneths can|not be found. But if Bi&s;hops or Clerks were ejected by force or fear, or fir&s;t di&s;poyled of their goods, let all their goods be legally re&s;tored to them, and have &s;o much time as appeared they were di&s;&s;ei&s;ed before that they be Canonically called in to Judgement. <HI>Gregory</HI> in the Decrees. A Presbyter or Deacon, or any Clerk accu&s;ed by the people, if the Witne&s;&s;es who &s;hould prove the truth, were not certain of the crime committed, let an Oath be in the mean, and bring him for a witne&s;s of the purity of his innocency, to whom all things are naked and open. Al&s;o this thing St. <HI>Sixtus</HI> the Pope remembers he had done to one <HI>Ba&s;&s;us,</HI> although made guilty by much exami|nation, he could &s;ufficiently evade the &s;u&s;picion, and avoid the emulation; <HI>Jerom</HI> upon <HI>Jeremy lib. primo,</HI> not giving this to them who would not, or of their own accord, had not made choice of making a form. An Oath ought to have companions, Truth, Ju&s;tice, and Judgement; if tho&s;e things be wanting, it is not an Oath, but perjury: For if any one by compul&s;ion be compelled to abjure that thing, which for many years he hath quietly held, the perjury &s;hall not be by him &s;wearing, but by him compelling: It makes not a man guilty, where the minde is not guilty. Let no man circumvent or de|ceive him&s;elf. He who by a fal&s;e &s;tone &s;wears, is perjured: by what&s;oever art of words any one &s;wears, God &s;o takes, as he to whom men &s;wear, does un|der&s;tand. But without doubt it is a le&s;s evil to &s;wear truly by a fal&s;e God, then to &s;wear fal&s;ly by a true God; for by how much more that by which men &s;wear is more holy, &s;o much more puni&s;hale is perjury: Who exacts an Oath, it is much to the purpo&s;e, if he knows that to be a fal&s;e Oath, or not knows or knows, and gives &s;entence; the Laws are mine, as my faith &s;tands; I dare not &s;ay it is no &s;in, yet it is a humane temptation; if he knows him to have done it, and compels him to &s;wear, it is Homicide. <HI>Siquis juret fal&s;umte &s;ciente, &s;i te non audierit utrum &s;it procedendus, &s;i proditus &amp; periculum mortis incurrat, difficillima que&s;tio e&s;t cui plus noceat, illi cui juratur an Sacerdoti. Mihi videtur quod ille cui magis prode&s;t vel obe&s;t; veritatem ju|rare nece&s;&s;itate cogente non e&s;t peccatum.</HI> An Oath is not to be kept when bad, it is unadvi&s;edly pronounced. The Oath of a &s;on and daughter, the father not knowing it, and Vowes of a Monk, the Abbot not knowing of it, and the Oaths of a childe are void.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="190" REF="159">
<HEAD><HI>Of the Pleas of the Church belonging to the King.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 11.</NOTE></HEAD>
<P>There are &s;ome Pleas of Chri&s;tianity, in which the King hath part, in this manner: If the King &s;hould &s;uffer, that he who in the Church hath com|mitted Homicide, let him come to amendment. Fir&s;t let him re&s;tore to the Bi&s;hop and King, the price of his Nativity, and &s;o he may inlaw him&s;elf; and then let him di&s;po&s;e five pounds for the peace of the Church, and &s;eek to be reconciled to the Church, as belongs to it, and fully make amends, both to Kindred and Donation. If any man detains the right Tenth, let the Sheriff of the Bi&s;hop and King, and of the Lord of the Ground go with the Prie&s;t, and without thanks take away, and re&s;tore to the Church what &s;hall belong to it, and leave the Ninth part to him who would not pay the Tenth; let them divide the re&s;t into two parts, let the Lord have one half, the Bi&s;hop the other, be he a Kings man or another, <HI>Romfeath</HI> ought to be re&s;tored upon the Fea&s;t of St. <HI>Peter</HI> in bonds; he who &s;hall keep it be|yond that time, let him re&s;tore that penny to the Bi&s;hop, and thirty pence, let him add to the King 50 <HI>s.</HI> Who &s;hall keep <HI>Cheri&s;ceat</HI> beyond the Fea&s;t of St. <HI>Martin,</HI> let him re&s;tore it to the Bi&s;hop, and pay eleven fold, and to the King 50 <HI>&s;ol.</HI> Who married, &s;hall commit adultery, let the King or Lord of him have the &s;uperior, the Bi&s;hop the inferior: Who &s;hall commit perjury upon holy things, <NOTE N="*" PLACE="marg">Laying his hand upon the book, I think.</NOTE> let himlo&s;e his hand, or half his were, <HI>(viz. half the</HI> <MILESTONE N="11" UNIT="Cap."> <HI>price of his head,)</HI> and this is common to his Lord, and the Bi&s;hop. Who &s;hall bear fal&s;e witne&s;s, let him not afterwards be admitted for witne&s;s, but re&s;tore to the King, or the Lord of the Soyl <HI>Helfeng'.</HI> <NOTE N="*" PLACE="marg">Neither Mr. <HI>Lambert</HI> nor <HI>Whelock</HI> give any con&s;tru|ction of <HI>Hel|feng,</HI> that I can finde.</NOTE> Who &s;hall kill a man in Orders, or malign him, let him make him amends as is right, and the amends of the Altar according to the dignity of his Order; to the King or Lord, &s;ufficient breach of the peace, or deny it with full purgation <HI>[Ple|na lada neget.]</HI> If any man guilty of death de&s;ires confe&s;&s;ion, let it never be denied him; but if any man &s;hall do it, let him pay the King one hundred and twenty &s;hillings, or &s;wear with five men that he did it not. If a free-man work upon Holy days, let him amend his <HI>helfeng,</HI> and at lea&s;t diligently make compo&s;ition with the Lord. If any man by force holds the Rectitudes of God, <HI>[Rectitudines Dei]</HI> let a <HI>Dane</HI> pay <HI>lahite,</HI> an <HI>Engli&s;hman, full witam,</HI> or deny it with eleven; <NOTE N="*" PLACE="marg">Or twelve in Mr. <HI>Sel|dens</HI> M&s;. and Mr. <HI>Whelocks.</HI></NOTE> if he &s;hould there wound any man, let him amend this, and re&s;tore <HI>full witam,</HI> and redeem his hand of the Bi&s;hop, or lo&s;e it: If he kill a man, let him be outlawed, and every man that de&s;ires right, fol|low him with clamor; if it comes to pa&s;s that he be killed by this, that he re&s;i&s;ted right, if this thing be verified, let him be unrevenged. He who &s;hall make a breach of his Order, let him amend it according to the dignity of the Order, <HI>wera, Wita, Lahilita,</HI> <NOTE N="*" PLACE="marg"><HI>La&s;tita,</HI> Mr. <HI>Seldens</HI> &amp; Mr. <HI>Whelocks</HI> M&s;.</NOTE> and with all mercy. Let every widow be without a husband twelve moneths, afterwards &s;he may choo&s;e whom &s;he will; and if within a year &s;he take a husband, let her lo&s;e her <HI>Morgangifan,</HI> <NOTE N="*" PLACE="marg">Dower.</NOTE> and all her money which &s;he had from her fir&s;t husband, and let her husband forfeit to the King the price of his head, or to whom the King &s;hall grant it. If a man unju&s;tly hold a fugitive of God, let him re&s;tore him to right, and pay to him who&s;e he &s;hall be, and &s;atisfie the King according to <HI>Le|gergild.</HI> If any man hath a man excommunicated, or keep him outlawed,
<PB N="191" REF="159"> and all his forgivene&s;s, and all amendment, commonly made better by Chri&s;t and the King, is utterly lo&s;t, where&s;oever the Law of God &s;hall be refu&s;ed to be ju&s;tly kept, according to the word of the Bi&s;hop, and it will be expe|dient that he be compelled by the Secular power. Becau&s;e Ju&s;tice and Secu|lar di&s;triction are nece&s;&s;ary for the mo&s;t part in Divine Laws and Secular In|&s;titutes, for that otherwi&s;e many men cannot be recalled from their ill ways, many will not be inclined to the wor&s;hip of God, and ob&s;ervance of the Law, from whence by the much infe&s;ting of ill men, it is provided for the profitable di&s;pen&s;ation of peace, that the more weighty pleas, and things more to be puni&s;hed, be brought to Ju&s;tice alone, or the mercy of the Prince, that pardon may be more abundantly had to men de&s;iring it, and puni&s;h|ment to &s;inners; but in cau&s;es which may be amended, for the compa&s;&s;ion of the Saints it is permitted, that the earthly Lords, by their leave, may pre|&s;ume to take <HI>pecunial</HI> amends according to the Law of the Countrey.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of the kindes of Cau&s;es.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 21.</NOTE></HEAD>
<P>There are al&s;o &s;ome kindes of Cau&s;es put before, as we have &s;aid, to be more freely expedited, in the amendment of which, the King does more particularly communicate where&s;oever they are done in Divine or Secular things over Kings men, and Eccle&s;ia&s;tical, and of Barons men, and he hath to|tally or particularly <NOTE N="*" PLACE="marg">Or, <HI>acepha|los.</HI></NOTE> <HI>&acirc;cefalos, &amp; pauperes, &s;ive &s;ocham;</HI> of which are Adulte|ry, Fornication, homicide in a Church, breach of the peace, or order, or Chri&s;tianity or Legality, if it be needful to be done by the Secular power, that right may be done.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>De Chri&s;tian&acirc; con&s;uetudine locutionum &s;ecundum quod &s;unt.</HI> <NOTE PLACE="marg">64.</NOTE></HEAD>
<P><HI>Towards the latter end interline</HI> 25. <HI>and end,</HI> A Prie&s;t who leads a regular life, in a &s;imple accu&s;ation, may &s;wear alone, in a threefold, with two of his Order; a Deacon in a &s;imple compellation, may accompany him&s;elf with two Deacons, in a threefold with &s;ix. A Countrey Prie&s;t may purge him|&s;elf as a regular Deacon; a Prie&s;t accu&s;ed by his Bi&s;hop or Archdeacon, may &s;wear him&s;elf the &s;ixth of lawful Prie&s;ts, as they are prepared at Ma&s;s.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of killing a Mini&s;ter of the Altar.</HI> <NOTE PLACE="marg">66.</NOTE></HEAD>
<P>If any &s;hould kill a Mini&s;ter of the Altar, let him be outlawed before God and man, unle&s;s he repent with worthy &s;atisfaction, and ju&s;tly com|pound with his parents, or throughly deny it with purgation of his head, <NOTE N="*" PLACE="marg">Werilada.</NOTE> and begin this within thirty nights before God and man, above all he hath. If any Mini&s;ter of the Altar kill any man, or if it be extraordinarily declared by bad actions, let him be both deprived of his Order, and go on Pilgrimage as the Pope &s;hall enjoyn him, and amend the work: But if he will purge him|&s;elf, he may do it triply, but unle&s;s he &s;hall begin this within thirty nights, let him be outlawed before God and men. If any man any ways afflict any man Ordained, with &s;tripes, or bonds, let him make him amends as is meet, and to the Bi&s;hop the amends of the Altar according to the dignity of his Order, to the King or Lords, &s;ufficient breach of the Kings peace, <NOTE N="*" PLACE="marg">Mundbrecho.</NOTE> or deny it with &s;ufficient purgation. <NOTE N="*" PLACE="marg">Plenlada.</NOTE> If any man condemned to death, de|&s;ires to be confe&s;&s;ed, let it never be denied him; but if any man &s;hould deny him, let him give the King in &s;atisfaction one hundred &s;hillings, or &s;wear with &s;ix men that he did not do it. If any man by force takes away Gods rights, let a <HI>Dane</HI> amend with <HI>Lah &s;liht, full Wytam</HI> with an <HI>Engli&s;hman,</HI> or thus deny it, let him take eleven, and he be the twelfth, &amp;c.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="192" REF="160">
<HEAD><HI>Of Homicides by men Ordained.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 73.</NOTE></HEAD>
<P>If a Bi&s;hop kill a man, let it be recorded, and let him repent twelve years, &s;even years in bread and water, and five let him fa&s;t three days in a week, and on others let him u&s;e common &s;u&s;tenance. If a Prie&s;t kill a man, or a Monk, let him lo&s;e his Order, and repent ten years, &s;ix in bread and water, and four let him fa&s;t three days in a week, on others let him u&s;e his meat. If a Presbyter wound a man, let him fa&s;t one hundred day. If a Dea|con kill a man, let him be degraded, and repent &s;even years, four in bread and water, and three let him fa&s;t three days in a week, upon other let him u&s;e common meat. If a Clerk &s;hall kill a man, let him repent &s;ix years, four in bread and water, two years, three days in the week. If a Laick kill a man, let him repent five years, three in bread and water, and two years let him fa&s;t three days in the week. If a man kill a man in Orders, or his neigh|bor, let him depart out of his Countrey, and go to <HI>Rome,</HI> and make the Pope and his Councel; let him in like maner repent of Adultery, or Fornication, or lying with a Nun.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<P>The&s;e Laws are likewi&s;e &s;et out by Mr. <HI>Abra|ham Whelock</HI> in the Appendix to his Hi&s;tory of <HI>Bede.</HI></P>
<P><HI>Sir</HI> Ed. Coke, Candrys <HI>Ca&s;e, &s;ays</HI> Henry <HI>the fir&s;t, did Ordain</HI> Anno 16. Regni &s;ui, <HI>as well in regard of his Eccle&s;ia&s;tical as Regal power, that when&s;oever the Abbot of</HI> Reading <HI>&s;hall die, that all the Po&s;&s;e&s;&s;ions do remain entire and free.</HI> But how this &s;hould make any thing for the Kings Eccle&s;ia&s;tical Right in all Ca&s;es I do not under&s;tand; for this Ordinance was onely concerning the Po&s;se&s;&s;ions of the Abbey, and it is no Que&s;tion but all the Bi&s;hopricks as well as Abbeys, were o|riginally of the Kings foundation, and it appears by the Margent, that the King was the particular Founder of this Abby; what then hinders but that the King might di&s;po&s;e of the Revenues as he &s;hould think fit, without having any Gho&s;tly power in him.?</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD>Eccle&s;ia&s;tical Laws made by <HI>Henry</HI> the third.</HEAD>
<DIV2 TYPE="section">
<HEAD>Magna Charta.</HEAD>
<P>FIr&s;t we have granted to God, and by this our pre&s;ent Chapter have con|firmed <NOTE PLACE="marg"><HI>Cap.</HI> 1.</NOTE> for us and our heirs for ever, that the Church of <HI>England</HI> &s;hall be free; and &s;hall enjoy all her whole Rights and Liberties inviolable.</P>
<P>Re&s;erves to all Archbi&s;hops, Bi&s;hops, Abbots, Priors, Templars, Ho&s;pi|talers, <NOTE PLACE="marg"><HI>Cap.</HI> 38. According to Sir <HI>Edward Coke, In&s;t.</HI> 2. yet the Sta|tute-book in large divides this Act but into thirty &s;e|ven Chapters.</NOTE> and all per&s;ons Eccle&s;ia&s;tical; all their free Liberties which they have had in time pa&s;&s;ed: and all the&s;e Cu&s;toms and Liberties afore&s;aid, which we have granted to be holden within this Realm; as much as appertains to us and our heirs, we &s;hall ob&s;erve. And all men as well Spiritual as Tempo|ral (as much as in them is) &s;hall ob&s;erve the fame again&s;t all per&s;ons like|wi&s;e. And for this our Gift and Grant of the&s;e Liberties, and of other con|tained in our Charter of Liberties of our Fore&s;t, Archbi&s;hops, Bi&s;hops, Ab|bots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects have given to us the fifteenth part of their moveables; and we have granted to them on the other part, that neither we nor our heirs, &s;hall procure or do any thing, whereby the Liberty in this Charter contained &s;hall be in|fringed or broken: And if any thing be procured by any per&s;on, contrary to the premi&s;&s;es, it &s;hall be of no force nor effect.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="193" REF="160">
<HEAD><HI>In the Reign of Hen.</HI> 3. <HI>Cawdries Ca&s;e.</HI> <NOTE PLACE="marg">3 <HI>H.</HI> 3. <HI>tit. Proh.</HI> 13. 4 <HI>H.</HI> 3. &amp;c.</NOTE></HEAD>
<P>In all the time of <HI>Henry</HI> 3. and his Progenitors Kings of <HI>England,</HI> and ever &s;ince, if any man did &s;ue afore any Judge Eccle&s;ia&s;tical within the Realm, for any thing whereof that Court by allowance and cu&s;tom had not any lawful cogni&s;ance, the King did ever by his Writ under the Great Seal prohibit them to proceed. <HI>An&s;w.</HI> It is true indeed, that not only Probate of Te&s;taments, but Cogni&s;ance of Tythes, Granting of Letters of Admini|&s;tration, Mortuaries, Pen&s;ions, Reparation of Churches, do not belong to Eccle&s;ia&s;tical cogni&s;ance by any Divine po&s;itive in&s;titution, but by allow|ance and cu&s;tom of <HI>England:</HI> And if all Cu&s;toms &s;uppo&s;e &s;ome Grant ori|ginally from Supreme humane Powers, then what hinders but that the King might prohibit any Judge Eccle&s;ia&s;tical within the Realm, for any thing whereof that Court by allowance and cu&s;tom had not lawful conu|&s;ance? for, <HI>Cujus e&s;t velle, ejus e&s;t nolle.</HI> And if the &s;ugge&s;tion made to the <NOTE PLACE="marg">Plea.</NOTE> King, whereupon the Prohibition was grounded, were after found untrue, then the King by his Writ of <HI>Con&s;ultation</HI> under the Great Seal, did allow and permit them to proceed. Al&s;o in all the Reign of <HI>H.</HI> 3. and his Pro|genitors Kings of <HI>England,</HI> if any I&s;&s;ue were joyned upon Loyalty of Mar|riage, General Ba&s;tardy, or &s;uch like, the King did ever write to the Bi&s;hop of the Dioce&s;e, as Mediate Officer and Mini&s;ter of his Court, to certifie the Loyalty of the Marriage, Ba&s;tardy, or &s;uch like: All which prove that tho&s;e Courts were under the Kings juri&s;diction and commandment.</P>
<P><HI>It is true, that not only all Courts, and planting of Chri&s;tianity, were origi|nally by the Kings command or permi&s;sion, but the per&s;ons of all men within the Realm are in his power: And Marriage, and Ba&s;tardy being &s;o e&s;&s;ential, and whereupon the &s;trength of mens e&s;tates and inheritances do depend, what hinders the King to write to the Bi&s;hop, to certifie the Loyalty of the Marriage? And if it plea&s;es him to do it as his mediate officer, who &s;hall contradict is? Well, let it be granted, the Kings of</HI> England, <HI>in ca&s;es of Ba&s;tardy and Loyal Matrimony, have written to the Bi&s;hop of the Dioce&s;e as his mediate officer, yet it will not follow that the Bi&s;hop is the Kings mediate officer in all things and ca&s;es which relate to his Epi&s;copal function and juri&s;diction.</HI></P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Eccle&s;iastical Laws made by</HI> Edward <HI>the First.</HI></HEAD>
<P>THe King willeth that the peace of the holy Church be maintained in <NOTE PLACE="marg"><HI>Stat. We&s;t. an.</HI> 3. <HI>Ed.</HI> 1. 1275.</NOTE> all points, and that Religious Hou&s;es &s;hall not be overcharged, nor any Purveyance be made of any Prelate, without the owners con&s;ent. They who &s;hall offend, and be thereof attainted, &s;hall be committed to the Kings pri&s;on, and after &s;hall make fine and be puni&s;hed according to the quantity and man|ner of the tre&s;pa&s;s, and after as the King in his Court &s;hall think fit, &amp;c.</P>
<P>It is provided al&s;o, That when any Clerk is taken for guilty of felony, <NOTE PLACE="marg"><HI>Cap.</HI> 1.</NOTE> and is demanded by the Ordinary, he &s;hall be delivered to him according to the priviledge of the holy Church, on &s;uch peril as belongeth to it after the cu&s;tom aforetimes u&s;ed. And the King admoni&s;heth the Prelates, and en|joineth them upon the faith that they ow to him, and for the common profit and peace of the Realm, that they which be indicted of &s;uch offences by &s;olemn Inque&s;t of lawful men in the Kings Court, in no manner &s;hall be delivered without due purgation, &s;o that the King &s;hall not need to pro|ide any other remedy therein.</P>
<PB N="194" REF="161">
<P> The Statute of <HI>Circum&s;pect&egrave; agatis,</HI> made 13 <HI>Ed.</HI> 1. 1285.</P>
<DIV2 TYPE="section">
<HEAD><HI>Certain Ca&s;es wherein the Kings Prohibition doth not lie.</HI> <NOTE PLACE="marg"><HI>Cap.</HI> 1.</NOTE></HEAD>
<P>The King to his Judges &s;endeth greeting. U&s;e your &s;elves circum&s;pectly in all matters concerning the Bi&s;hop of <HI>Norwich</HI> and his Clergy, not puni&s;h|ing them if they hold plea in Court Chri&s;tian of &s;uch things as be meerly Spiritual, that is to wit, of Penance injoined by Prelates for deadly &s;in, of Fornication, Avowtry, and &s;uch like, for the which &s;ometimes corporal penance, and &s;ometime pecuniary is enjoined, &s;pecially if a Freeman be convict of &s;uch things. As al&s;o Prelates do puni&s;h for leaving the Church|yard unclo&s;ed, or for that the Church is uncovered, or not conveni|ently decked; in which ca&s;es none other penance can be enjoined but pecuniary.</P>
<P><HI>Item,</HI> If a Par&s;on demand of his Pari&s;hioners, Oblations or Tithes due and accu&s;tomed; or if any Par&s;on do &s;ue again&s;t another Par&s;on for Tithes greater or &s;maller, &s;o that the fourth part of the value of the benefits be not demanded.</P>
<P><HI>Item,</HI> If a Par&s;on demand Mortuaries, in places where a Mortuary hath been u&s;ed to be given.</P>
<P><HI>Item,</HI> If a Prelate of a Church, or a Patron demand of a Par&s;on a Pen&s;ion due to him; All &s;uch demands are to be made in a Spiritual Court. And for laying violent hands on a Clerk, and in ca&s;e of Defamation, it hath been granted already that it &s;hall be tryed in a Spiritual Court, when money is not demanded, but a thing done for puni&s;hment of &s;in, and like|wi&s;e for the breaking of an Oath. In all ca&s;es afore-rehear&s;ed, the Spiritual Judge &s;hall have power to take knowledge, notwith&s;tanding the Kings Prohibition.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Statutum de a&s;portatis Religio&s;orum,</HI> made <HI>Anno</HI> 35. <HI>Ed.</HI> 1. 1307. <MILESTONE N="1" UNIT="Cap."></HEAD>
<P>Of late it came to the knowledge of our Lord the King, by the grievous complaint of the Honorable per&s;ons, Lords, and other Noblemen of his Realm, That whereas Mona&s;teries, Priories, and other Religious Hou&s;es were founded to the honor and glory of God, and the advancement of the Holy Church, by the King and his Progenitors, and by the &s;aid Noblemen and their Ance&s;tors, and a very great portion of Lands and Tenements have been given by them to the &s;aid Mona&s;teries, Priories, and Hou&s;es, and the Religious men &s;erving God in them, to the intent that Clerks and Laymen might be admitted in &s;uch Mona&s;teries, Priories, and Religious Hou&s;es, according to their &s;ufficient ability, and that &s;ick and feeble men might be maintained, Ho&s;pitality, Alms-giving, and other charitable deeds might be done, and that in them prayers might be &s;aid for the &s;ouls of the &s;aid Founders and their heirs: The Abbots, Priors, and Governors of the &s;aid Hou&s;es, and certain Aliens their Superiors, as the Abbots and Priors of <HI>Ci&s;tercien&s;es,</HI> and <HI>Promon&s;traten&s;es,</HI> and of the Order of S. <HI>Augu&s;tine</HI> and S. <HI>Benedict,</HI> and many more of other Religion and Order, have at their own plea&s;ures &s;et divers in&s;upportable tallages, payments and impo&s;itions uyon every of the &s;aid Mona&s;teries and Hou&s;es in &s;ubjection unto them in <HI>England, Ireland, Scotland</HI> and <HI>Wales,</HI> without the privity of our Lord the King and his Nobility, contrary to the laws and cu&s;toms of the &s;aid Realm; and thereby the number of the &s;aid Religious per&s;ons, and
<PB N="195" REF="161"> other &s;ervants in the &s;aid Hou&s;es and Religious places being oppre&s;&s;ed by &s;uch tallages, payments and impo&s;itions, the &s;ervice of God is dimini&s;hed, Alms be not given to the poor, the &s;ick and feeble; the healths of the living, and the &s;ouls of the dead be mi&s;erably defrauded; Ho&s;pitality, alm&s;giving, and other godly deeds do cea&s;e. And &s;o that which in times pa&s;t was chari|tably given to godly u&s;es, and to the increa&s;e of the &s;ervice of God, is now converted to an evil end; by permi&s;&s;ion whereof there grows great &s;candal to the people, and infinite lo&s;&s;es and di&s;heritances are like to en&s;ue to the Founders of the &s;aid Hou&s;es, and their Heirs, unle&s;s &s;peedy and &s;ufficient remedy be provided to redre&s;s &s;o many and grievous detriments.</P>
<P>Wherefore our Lord the King, con&s;idering that it would be very pre|judicial to him and his people, if he &s;hould any longer &s;uffer &s;o great lo&s;&s;es and injuries to be winked at: And therefore being willing to maintain and defend the Mona&s;teries, Priories, and other Religious hou&s;es erected in his Kingdom, and in all Lands &s;ubject to his dominion, and from henceforth to provide &s;ufficient remedy to reform &s;uch oppre&s;&s;ions, as he is bound: By the coun&s;el of his Earls, Barons, Great men, and other Nobles of his King|dom, in his Parliament holden at <HI>Westmin&s;ter</HI> in the 35. year of his reign, hath ordained and enacted,</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Religious per&s;ons &s;hall &s;end nothing to their Superiors beyond the Sea.</HI> <MILESTONE N="2" UNIT="Cap."></HEAD>
<P>That no Abbot, Prior, Ma&s;ter, Warden, or any other Religious per&s;on of what&s;oever condition, &s;tate or religion he be, being under the Kings power or juri&s;diction, &s;hall by him&s;elf, or by merchants or others, &s;ecretly or openly, by any device or means, carry or &s;end, or by any other means cau&s;e to be &s;ent any Tax impo&s;ed by the Abbots, Priors, Ma&s;ters or Wardens of Reli|gious hou&s;es their Superiors, or a&s;&s;e&s;&s;ed among&s;t them&s;elves, out of the kingdom and his dominion, under the name of a rent, tallage, or any kind of impo&s;ition, or otherwi&s;e by way of exchange, mutual &s;ale, or other con|tract, however it may be termed. Neither &s;hall depart into any other country for vi&s;itation, or upon any other colour, by that means to carry the goods of their Mona&s;teries and Hou&s;es out of the Kingdom and Dominion a|fore&s;aid. And if any will pre&s;ume to offend this pre&s;ent Statute, he &s;hall be grievou&s;ly puni&s;hed according to the quality of his offence, and according to his contempt of the Kings prohibition.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>No Impo&s;itions &s;hall be taxed by Priors Aliens.</HI> <MILESTONE N="3"></HEAD>
<P>Moreover, our Lord the King doth inhibit all and &s;ingular Abbots, Priors, Ma&s;ters and Governors of Religious hou&s;es and places, being Aliens, to who&s;e authority, &s;ubjection and obedience, the Hou&s;es of the &s;ame Orders in his kingdom and domion be &s;ubject; that they do not at any time here|after impo&s;e, or by any means a&s;&s;e&s;s any tallages, payments, charges, or other burdens what&s;oever, upon the Mona&s;&s;eries, Priories, or other Religi|ous hou&s;es in &s;ubjection to them (as is afore&s;aid) and that upon pain of all they have, or may forfeit.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>By whom the Common Seal of an Abbey &s;hall be kept, and how u&s;ed.</HI> <MILESTONE N="4"></HEAD>
<P>And further, our Lord the King hath ordained and e&s;tabli&s;hed, that the Abbots of the Orders of <HI>Ci&s;tercien&s;is,</HI> and <HI>Promon&s;traten&s;is,</HI> and other Religious Orders, who&s;e Seal hath heretofore been u&s;ed to remain only
<PB N="196" REF="162"> in the cu&s;tody of the Abbot, and not of the Covent; &s;hall hereafter have a Common Seal, and that &s;hall remain in the cu&s;tody of the Prior of the Mona&s;tery or Hou&s;e, and four of the mo&s;t worthy and di&s;creet men of the Covent of the &s;ame Hou&s;e, to be laid up in &s;afe keeping under the Private Seal of the Abbot of the &s;ame Hou&s;e: So that the Abbot or Prior which does govern the Hou&s;e, &s;hall be able of him&s;elf to e&s;tabli&s;h nothing, though heretofore it hath been otherwi&s;e u&s;ed. And if it fortune hereafter, that writings of Obligations, Donations, Purcha&s;es, Sales, Alienations, or of any other Contracts, be &s;ealed with any other Seal then &s;uch a Common Seal kept as is afore&s;aid, they &s;hall be adjudged void and of no force in Law. But it is not the meaning of our Lord the King, to exclude the Abbots, Priors, and other Religious Aliens, by the Ordinances and Statutes afore|&s;aid, from executing the office of Vi&s;itation in his Kingdom and Dominion; but they may vi&s;it at their plea&s;ures by them&s;elves or others the Mona&s;teries and other places in his Kingdom and Dominion in &s;ubjection to them, according to the duty of their office, in the&s;e things only that belong to Regular ob&s;ervation, and the di&s;cipline of their Order. Provided, that they which &s;hall execute this office of Vi&s;itation, &s;hall carry, or cau&s;e to be carried out of his Kingdom or Dominion, none of the goods or things of &s;uch Mona&s;teries, Priors, and Hou&s;es, &s;aving only their rea&s;onable and competent charges.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Stat. Ne Rector pro&s;ternat arbores in Caemiterio,</HI> made 35 <HI>Ed.</HI> 1. <HI>Anno Dom.</HI> 1307. <HI>In what ca&s;es, and by whom, Trees may be felled in a Churchyard.</HI></HEAD>
<P>Becau&s;e we do under&s;tand, that controver&s;ies do ofttimes grow between Par&s;ons of Churches and their Pari&s;hioners, touching Trees growing in the Church-yard, both of them pretending that they do belong unto them|&s;elves: We have thought good rather to decide this controver&s;ie by writing then by Statute. Fora&s;much as a Church-yard that is dedicated, is the &s;oil of a Church, and what&s;oever is planted belongs to the &s;oil, it mu&s;t needs follow, that tho&s;e Trees which be growing in the Church-yard, are to be reckoned among&s;t the goods of the Church, the which Laymen have no authority to di&s;po&s;e; but, as the holy Scripture does te&s;tifie, the charge of them is committed only to Prie&s;ts to be di&s;po&s;ed of. And yet &s;eeing tho&s;e Trees be often planted to defend the force of the wind from hurting of the Church; We do prohibit the Par&s;ons of the Church, that they do not pre&s;ume to fell them down unadvi&s;edly, but when the Chancel of the church does want nece&s;&s;ary reparations: Neither &s;hall they be converted.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>In the Reign of</HI> Edward <HI>the Fir&s;t.</HI></HEAD>
<P>A Bull of Excommunication brought by one Subject again&s;t another, <NOTE PLACE="marg">30 <HI>E.</HI> 3. <HI>li. A&s;&s;. Pl.</HI> 19, &amp;c.</NOTE> was adjudged by the Common law, Trea&s;on again&s;t the King, his crown and dignity.</P>
<P><HI>Edw.</HI> 1. &s;ei&s;ed the lands of the Archbi&s;hop of <HI>York,</HI> becau&s;e he refu&s;ed <NOTE PLACE="marg"><HI>Par.</HI> 2. 19. <HI>E.</HI> 1. <HI>Quare non ad|mi&s;it.</HI></NOTE> to admit his Clerk, but pleaded that the Bi&s;hop of <HI>Rome</HI> long time before provided to the &s;aid Church.</P>
<P>The King and his Council did not receive the con&s;titution of the Bi&s;hop <NOTE PLACE="marg"><HI>Para.</HI> 3. <HI>Stat. de Biga.</HI> 4 <HI>Ed.</HI> 1.</NOTE> of <HI>Rome</HI> at <HI>Lions,</HI> which excluded men twice married, or <HI>Bigami,</HI> from all priviledges of Clergy.</P>
<PB N="197" REF="162">
<P> It was declared, that the holy Church of <HI>England</HI> was founded in the <NOTE PLACE="marg"><HI>Stat.</HI> 25 <HI>Ed.</HI> 1. <HI>Carli&s;le.</HI></NOTE> &s;tate of Prelacy within this Realm of <HI>England,</HI> by the King and his proge|nitors; And that the Bi&s;hop of <HI>Rome</HI> u&s;urping the &s;eigniory of &s;uch Bene|fices, &amp;c. that the &s;aid oppre&s;&s;ions, grievances and damages in this Realm, from thenceforth &s;hall not be &s;uffered.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Articuli Cleri,</HI> made at <HI>Lincoln, Anno</HI> 9 <HI>E.</HI> 2. <HI>&amp; Anno Dom.</HI> 1315.</HEAD>
<P>The King to all whom &amp;c. &s;endeth greeting. Under&s;tand ye, that where|as of late in times of our Progenitors &s;ometimes Kings of <HI>England,</HI> in divers their Parliaments, and likewi&s;e after that we had undertaken the governance of the Realm, in our Parliaments many Articles containing divers grievances (committed again&s;t the Church of <HI>England,</HI> the Prelates and Clergy) were propounded by the Prelates and Clerks of our Realm, and further great in|&s;tance was made, that convenient remedy might be provided therein: And of late in our Parliament holden at <HI>Lincoln</HI> the ninth year of our reign, we <MILESTONE N="5"> cau&s;ed the Articles underwritten, with certain An&s;wers made to &s;ome of them heretofore to be rehear&s;ed before our Council, and made certain An&s;wers to be corrected, and to the re&s;idue of the Articles underwritten An&s;wers were made by us and our Council; of which &s;aid Articles, with the An&s;wers of the &s;ame, the tenors here en&s;ue.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>No Prohibition &s;hall be granted where Tithes be demanded, but where <MILESTONE N="1" UNIT="Cap."> money for them.</HEAD>
<P>Fir&s;t, whereas Laymen do purcha&s;e Prohibitions generally upon Tithes, Obventions, Oblations, Mortuaries, Redemption of penance, violent lay|ing hands on Clerks or Coverts, and in ca&s;es of Defamation, in which ca&s;es Spiritual penance ought to be injoined: The King doth an&s;wer to this Article, That in Tithes, Oblations, Obventions, Mortuaries, (when they are propounded under the&s;e names) the Kings prohibition &s;hall hold no place, although for the long withholding of the &s;ame, the money may be e&s;teemed at a &s;um certain. But if a Clerk or a Religious man do fell his Tithes being gathered in his barn, or otherwhere, to any man for money, if the money be not demanded before a Spiritual Judge, the Kings Prohibition &s;hall lie; for by the &s;ale, the &s;piritual goods are made temporal, and the Tithes are turned into chattels. <HI>Regi&s;t. fol.</HI> 34. 39. <HI>v. N. B. f.</HI> 3032. <HI>Fitz. N. B. fo.</HI> 40, <HI>&amp;c. &amp; Ra&s;t. pla. fo.</HI> 484, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Debate upon the right of Tithes exceeding the fourth part. Enjoining <MILESTONE N="2" UNIT="Cap."> Penance corporal, or pecuniary.</HEAD>
<P>Al&s;o if debate do ari&s;e upon the right of Tithes, having his original from the right of Patronage, and the quantity of the &s;ame Tithes do come unto the fourth part of the goods of the Church, the Kings Prohibition &s;hall hold place, if the ca&s;e come before a Judge Spiritual. Al&s;o if a Prelate enjoin a penance pecuniary to a man for his offence, and if it be demanded, the Kings Prohibition &s;hall hold place: But if Prelates enjoin a penance corporal, and they which be &s;o puni&s;hed will redeem upon their own accord &s;uch penances by money, if money be demanded before a Judge Spiritual, the Kings prohibition &s;hall hold no place.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="198" REF="163">
<HEAD>Laying violent hands upon a Clerk. Excommunication for <MILESTONE N="3" UNIT="Cap."> Penance corporal.</HEAD>
<P>Moreover, if any lay violent hands upon a Clerk, the amends for the Peace broken &s;hall be before the King. And for the Excommunication be|fore a Prelate, that Penance corporal may be enjoined, which if the offender will redeem of his own good will, by giving money to the Prelate, or to the party grieved, it &s;hall be required before the Prelate, and the Kings Prohi|bition &s;hall not lie.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Prelates may correct for Defamation.</HI> <MILESTONE N="4"></HEAD>
<P>In Defamations al&s;o Prelates &s;hall correct in manner afore&s;aid, the Kings Prohibition notwith&s;tanding; fir&s;t enjoining a penance corporal, which if the offender will redeem, the Prelate may freely receive the money, though the Kings Prohibition be granted.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>No Prohibition where the Tithe is demanded of a new Mill.</HI> <MILESTONE N="5"></HEAD>
<P>Al&s;o if any one do erect in his ground a Mill of new, and after the Par&s;on of the &s;ame place demandeth Tithe for the &s;ame, the Kings Prohi|bition doth i&s;&s;ue in this form: <HI>Quia de tali molendino hactenus decimae non fuerunt &s;olutae, prohibemus, &amp;c. Et &s;ententiam Excommunicationis, &s;i quam hac occa&s;ione promulgaveritis, revocetis omnino.] The An&s;wer.</HI> In &s;uch ca&s;e the Kings Prohibition was never granted by the Kings a&s;&s;ent, nor never &s;hall, which hath decreed that it &s;hall not hereafter lie in &s;uch ca&s;es.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Where a Suit for one offence may be pro&s;ecuted both in Court Spiritual <MILESTONE N="6"> and Temporal.</HEAD>
<P>Al&s;o if any cau&s;e or matter, the knowledge whereof belongeth to a Court Spiritual, and &s;hall be definitively determined before a Judge Spiri|tual, and does pa&s;s into a Judgment, and &s;hall not be &s;u&s;pended by an Ap|peal; and after if upon the &s;ame thing a Que&s;tion is moved before a Tem|poral Judge between the &s;ame parties, and it be proved by witne&s;s or in&s;tru|ments; &s;uch an Exception is not to be admitted in a Temporal Court. <HI>The An&s;wer.</HI> When any one ca&s;e is debated before Judges Spiritual and Temporal, as above appeareth (upon the ca&s;e of laying violent hands upon a Clerk) it is thought notwith&s;tanding the Spiritual Judgment, the Kings Court &s;hall di&s;cu&s;s the &s;ame matter, as the party &s;hall think expedient for him&s;elf.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>In what ca&s;e only the Kings Letter &s;hall be &s;ent to di&s;charge an <MILESTONE N="7"> Excommunication.</HEAD>
<P>Al&s;o the Kings Letter directed unto Ordinaries, that have wrapped tho&s;e that be in &s;ubjection unto them in the &s;entence of Excommunication, that they &s;hould a&s;&s;oil them by a certain day, or el&s;e that they do appear and &s;hew wherefore they have excommunicated them. <HI>The An&s;wer.</HI> The King decreeth, that hereafter no &s;uch Letter &s;hall be &s;uffered to go forth, but in ca&s;e where it is found that the Kings liberty is prejudiced by &s;uch Excommunication.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Clerks in the Kings &s;ervice &s;hall be di&s;charged of their Re&s;idence, but &s;hall <MILESTONE N="8"> be corrected by their Ordinary.</HEAD>
<P>Al&s;o Barons of the Kings Exchequer claiming by their priviledge, that they ought to make an&s;wer to no complainant out of the &s;ame place, extend the &s;ame priviledge unto the Clerks abiding there, called to Orders, or unto Re&s;idence, and inhibit Ordinaries, that by no means, or for any cau&s;e (&s;o long as they be in the Exchequer, or Kings &s;ervice) that they call not them
<PB N="199" REF="163"> to Judgment. <HI>An&s;.</HI> It plea&s;eth our Lord the King, that &s;uch Clerks as attend in this &s;ervice, if they offend, &s;hall be correct by their Ordinaries, like as other; but &s;o long as they are occupied about the Exchequer, they &s;hall not be bound to keep re&s;idence in their Churches. <HI>This is added of new by the Kings Council.</HI> The King and his Ance&s;tors, &s;ince time out of mind, have u&s;ed that Clerks which are imployed in his &s;ervice, during &s;uch time as they are in his &s;ervice &s;hall not be compelled to keep re&s;idence at their Benefices: And &s;uch things as be thought nece&s;&s;ary for the King aad Commonweal, ought not to be &s;aid to be prejudicial to the liberty of the Church.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Di&s;tre&s;&s;es &s;hall not be taken in the High-ways, nor in the antient Fees <MILESTONE N="9" UNIT="Cap."> of the Church.</HEAD>
<P>Al&s;o the Kings Officers, as Sheriffs and other, do enter into the Fees of the Church to take Di&s;tre&s;&s;es; and &s;ometimes they take the Par&s;ons bea&s;ts in the High-way, where they have nothing but the land belonging to the Church. <HI>The An&s;wer.</HI> The Kings plea&s;ure is, that from henceforth &s;uch Di&s;tre&s;&s;es &s;hall neither he taken in the Kings High-way, nor in the Fees wherewith Churches in tiimes pa&s;t have been endowed: Neverthele&s;s he willeth Di&s;tre&s;&s;es to be taken in po&s;&s;e&s;&s;ion of the Church newly purcha&s;ed by Eccle&s;ia&s;tical per&s;ons.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>They that abjure the Realm, &s;hall be in peace as long as they be in the <MILESTONE N="10"> Church or High-way.</HEAD>
<P>Al&s;o where &s;ome flying unto the Church, abjure the Realm according to the cu&s;tom of the Realm, and Laymen or their enemies do pur&s;ue them and pluck them from the Kings High-way, and they be hanged or headed; and whil&s;t they be in the Church, are kept in the Church-yard with armed men, and &s;ometime in the Church &s;o &s;traitly, that they cannot depart from the hallowed ground to empty their belly, and cannot be &s;uffered to have nece&s;&s;aries brought unto them for their living. <HI>The An&s;wer.</HI> They that abjure the Realm, &s;o long as they be in the common way, &s;hall be in the Kings peace, nor ought to be di&s;turbed of any man; and when they be in the Church, their Keepers ought not to abide in the Church-yard, except nece&s;&s;ity or peril of e&s;cape do require &s;o: And as long as they be in the Church, they &s;hall not be compelled to flee away, but they &s;hall have ne|ce&s;&s;aries for their living, and may go forth to empty their belly. And the Kings plea&s;ure is, that Thieves or Appellors (when&s;oever they will) may confe&s;s their offences unto Prie&s;ts; but let the Confe&s;&s;ors beware that they do not erroniou&s;ly inform &s;uch Appellors.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Religious Hou&s;es &s;hall not be charged by compul&s;ion, with Corodies, Pen&s;ions, <MILESTONE N="11"> Re&s;ort, or taking in of Hor&s;es and Carts.</HEAD>
<P>Al&s;o it is de&s;ired, that our Lord the King, and the Great men of the Realm, do nor charge Religious hou&s;es or Spiritual per&s;ons for Corodies, Pen&s;ions, or Sojourning in Religious hou&s;es, and other places of the church, or with taking up of hor&s;es or carts, whereby &s;uch hou&s;es are impoveri&s;hed, and Gods &s;ervice dimini&s;hed, and by rea&s;on of &s;uch charges, Prie&s;ts and other Mini&s;ters of the Church deputed unto Divine &s;ervice, are oftentimes com|pelled to depart from the places afore&s;aid. <HI>The An&s;wer.</HI> The Kings plea&s;ure is, that upon the contents in their Petition from henceforth they &s;hall not be unduly charged: And if the contrary be done by Great men or other,
<PB N="200" REF="164"> they &s;hall have remedy after the form of the Statutes made in the time of King <HI>Edward</HI> Father to the King that now is. And the like remedy &s;hall be done for corodies and pen&s;ions exacted by compul&s;ion, whereof no mention is made in the &s;aid Statutes.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>A Clerk excommunicated, may be taken out of the Pari&s;h where he dwelleth.</HI> <MILESTONE N="12" UNIT="Cap."></HEAD>
<P>Al&s;o if any of the Kings tenure be called before their Ordinaries out of the Pari&s;h where they continue; if they be excommunicate for their mani|fe&s;t contumacy, and after forty days a Writ goeth out to take them, and they pretend their priviledge that they ought not to be cited out of their Town and Pari&s;h where their dwelling is, and &s;o the Kings Writ that went out to take them is denied. <HI>The An&s;wer.</HI> It was never yet denied, nor &s;hall be hereafter.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The examination of a Par&s;on pre&s;ented to a Benefice, belongeth to a <MILESTONE N="13"> Spiritual Judge.</HEAD>
<P>Al&s;o it is de&s;ired that Spiritual per&s;ons, whom our Lord the King doth pre&s;ent unto Benefices of the Church (if the Bi&s;hop will not admit them either for lack of learning, or for other cau&s;e rea&s;onable) may not be under examination of Lay-per&s;ons in the ca&s;es afore&s;aid, as it is now attempted contrary to the Decrees canonical, but that they may &s;ue unto a Spiritual Judge for remedy as right &s;hall require. <HI>The An&s;wer.</HI> Of the ability of a Par&s;on pre&s;ented unto a Benefice of the Church, the examination belongs to a Spiritual Judge, and &s;o it hath been u&s;ed heretofore, and &s;hall be hereafter.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>There &s;hall be a free election of the Dignities of the Church.</HI> <MILESTONE N="14"></HEAD>
<P>Al&s;o if any Dignity be vacant, where election is to be made, it is moved that the Electors may freely make their election without fear of any Power temporal, and that all prayers and oppre&s;&s;ions &s;hall in this behalf cea&s;e. <HI>An&s;.</HI> They &s;halbe made free according to the form of Statutes &amp; Ordinances.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>A Clerk fleeing into the Church for Felony, &s;hall not be compelled to objure.</HI> <MILESTONE N="15"></HEAD>
<P>Moreover, though a Clerk ought not to be judged before a Temporal Judge, nor any thing may be done again&s;t him that concerneth life or mem|ber; neverthele&s;s Temporal Judges cau&s;e that Clerks fleeing unto the Church, and peradventure confe&s;&s;ing their offences, do abjure the Realm, and for the &s;ame cau&s;e admit their abjurations, although hereupon they can|not be their Judges; and &s;o power is wrongfully given to Lay-per&s;ons to put to death &s;uch Clerks, if &s;uch per&s;ons chance to be found within the Realm after their abjuration: The Prelates and Clergy de&s;ire &s;uch remedy to be provided herein, that the immunity or priviledge of the Church, and Spiritual per&s;ons, may be &s;aved and unbroken. <HI>The An&s;wer.</HI> A Clerk flee|ing to the Church for felony, to obtain the priviledge of the Church, if he affirm him&s;elf to be a Clerk, he &s;hall not be compelled to abjure the Realm, but yielding him&s;elf to the Law of the Realm, &s;hall enjoy the priviledge of the Church according to the laudable cu&s;tom of the Realm heretofore u&s;ed.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>The priviledge of the Church being demanded by the Ordinary, &s;hall not be <MILESTONE N="16"> denied to a Clerk that hath confe&s;&s;ed Felony.</HEAD>
<P>Al&s;o notwith&s;tanding that a confe&s;&s;ion made before him that is not lawful Judge thereof, is not &s;ufficient whereon Proce&s;s may be awarded,
<PB N="201" REF="164"> or &s;entence given, yet &s;ome temporal Iudges (though they have been &s;tantly de&s;ired thereunto) do not deliver to their Ordinaries according to the premi&s;es, &s;uch Clerks as confe&s;s before them their hainous offences, as Theft, Robbery, and Murder; but admit their Accu&s;ation, which common|ly they call an Appeal, albeit to this re&s;pect they be not of their Court, nor can be judged or condemned before them upon their own confe&s;&s;ion, with|out breaking of the Churches priviledges. <HI>The an&s;wer,</HI> the priviledge of the Church being demanded in due form by the Ordinary, &s;hall not be de|nied unto the Appealer as to a Clerk: We de&s;iring to provide for the &s;tate of the Church of <HI>England,</HI> and for the tranquillity and quiet of the Prelates and Clergy afore&s;aid, as far forth as we lawfully may do to the honor of God, and the emendation of the Church, Prelates and Clergy of the &s;ame, ratifying, confirming, and approving, all and every of the Articles afore|&s;aid, with all and every of the An&s;wers made and contained in the &s;ame, do grant and command them to be kept firmly, and ob&s;erved for ever, wil|ling and granting for us and our heirs, that the afore&s;aid Prelates and Cler|gy, and their &s;ucce&s;&s;ors, &s;hall u&s;e, execute and practice for ever, the juri&s;di|ction of the Church in the premi&s;es, after the tenor of the an&s;wers afore&s;aid, without quarrel, inquieting, or vexation of our heirs, or any of our Officers, what&s;oever they be.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>In the Reign of King Edward the &s;econd.</HEAD>
<P>Albeit the Ordinance of <HI>Circum&s;pect&egrave; agatis,</HI> made in the 13. of <HI>Ed.</HI> 1. <NOTE PLACE="marg"><HI>Candries</HI> Ca&s;e.</NOTE> and by the general allowance and u&s;age, the Eccle&s;ia&s;tical Court held Plea of Tithes, Obventions, Oblations, Mortuaries, Redemptions of Penance, laying of violent hands upon a Clerk, Defamations, &amp;c. Yet did not the Clergy think them&s;elves a&s;&s;ured nor quiet from Prohibitions Purcha&s;ed by Subjects until <HI>Ed.</HI> 2. by his Letters Partents under the Broad Seal, in and by con&s;ent of Parliament, upon Petition of the Clergy, had granted unto them to have Juri&s;diction in tho&s;e ca&s;es. The King in Parliament holden in the ninth year of his Reign, after particular an&s;wers made to tho&s;e Petitions, concerning the matters above&s;aid, does grant and give his Royal a&s;&s;ent in the&s;e words.</P>
<P>We de&s;iring as much as of right we may, to provide for the &s;tate of the <NOTE PLACE="marg"><HI>Cap.</HI> 2.</NOTE> Church of <HI>England,</HI> and the tranquility of the Prelates of the &s;aid Clergy, to the honour of God, and the amendment of the &s;tate of the &s;aid Church, and of the Prelates and Clergy, ratifying and approving all and &s;ingular the &s;aid an&s;wers, which appears in the &s;aid Act, and all and &s;ingular things in the &s;aid an&s;wers contained, we do for us and our heirs grant and command, that the &s;ame be inviolably kept for ever: Willing and granting for us and our heirs, that the &s;aid Prelates and Clergy, and &s;ucce&s;&s;ors for ever, do exerci&s;e Eccle&s;ia&s;tical Juri&s;diction in the premi&s;es, according to the tenor of the &s;aid an&s;wer.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>A Satute of the Clergy made Anno</HI> 18. <HI>Ed.</HI> 3. <HI>Anno Dom.</HI> 1344. <HI>Bigamy &s;hall be tryed by the Ordinary, and not by Inque&s;t.</HI></HEAD>
<P><HI>Item.</HI> If any Clerk be arraigned before our Ju&s;tices, at our Suit, or the Suit of the party, and the Clerk holdeth him to his Clergy, alleadging that he ought not before them thereupon to an&s;wer, and if any man for us, or for the &s;ame party, will &s;ugge&s;t that he hath married two Wives, or one Wi|dow, that upon the &s;ame, the Ju&s;tices &s;hall not have cognizance or power to
<PB N="202" REF="165"> try the Bigamy by Inque&s;t, or in other manner; but it &s;hall be &s;ent to the Spiritual Court, as hath been done in times pa&s;t, in ca&s;e of Ba&s;tardy, and till the Certificate be made by the Ordinary, the party in whom the Biga|my is alleadged by the words afore&s;aid, or in other manner, &s;hall abide in pri&s;on unle&s;s he be mainpernable.</P>
<P><HI>Item.</HI> If Prelates, Clerks beneficed, or Religious people which have <NOTE PLACE="marg"><HI>Cap.</HI> 3.</NOTE> purcha&s;ed Lands, and the &s;ame have put to Mortmain, be impeached upon the &s;ame before our Ju&s;tices, and they &s;hew our Charter of Licence, and Proces thereupon made by an Inque&s;t of <HI>ad quod Damnum,</HI> or of our Grace, or by Fine, they &s;hall be freely let in peace, without being further Impeach|ed for the &s;ame Purcha&s;e; and in ca&s;e they cannot &s;ufficiently &s;hew that they have entred by due Proces after Licence to them granted, in general or in &s;pecial, that they &s;hall be well received to make a convenient Fine for the &s;ame, and that the inquiry of this Article &s;hall wholly cea&s;e, according to the accord comprized in this Parliament.</P>
<P><HI>Item,</HI> That the Statues touching the Purveiances of us and our &s;on, made in times pa&s;t by us and our Progenitors, for the people of holy <NOTE PLACE="marg">4.</NOTE> Church, be holden in all parts: And that in the Commi&s;&s;ions to be made upon &s;uch Purveiances, the Fees of holy Church &s;hall be excepted in every place where they be found.</P>
<P><HI>Item,</HI> That no Prohibition &s;hall be awarded out of the Chancery, but <NOTE PLACE="marg">5.</NOTE> in ca&s;e where we have the cognizance, and of right ought to have.</P>
<P><HI>Item,</HI> Whereas Commi&s;&s;ions be newly made to divers Ju&s;tices, that <NOTE PLACE="marg">6.</NOTE> they &s;hall make enquiries upon Judges of the holy Church, whether they made ju&s;t proces or exce&s;&s;ive in Cau&s;es Te&s;timentary or other, which noto|riou&s;ly pertaineth to the cognizance of holy Church, the &s;aid Ju&s;tices have enquired, and cau&s;ed to be Indicted, Judges of the holy Church, in blemi&s;h|ing of the Franchi&s;e of the holy Church: That &s;uch Commi&s;&s;ions be re|pealed, and from henceforth defended, &s;aving the Article in <HI>Eyre,</HI> &s;uch as ought to be.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>No</HI> Scire facias <HI>&s;hall be awarded again&s;t a Clerk for Tythes.</HI></HEAD>
<P><HI>Item,</HI> Whereas Writs of <HI>Scire facias</HI> have been granted to warn Pre|lates, <NOTE PLACE="marg">7.</NOTE> Religious, and other Clerks, to an&s;wer Di&s;mes in our Chancery, and to &s;hew if they have any thing, or can any thing &s;ay, wherefore &s;uch Di&s;mes ought not to be re&s;tored to the &s;aid Demandants, and to an&s;wer as well to us, as to the party to &s;uch Di&s;mes: That &s;uch Writs from henceforth be not granted, and that the proces hanging upon &s;uch Writs be annulled and repealed, and that the parties be di&s;mi&s;&s;ed from the Secular Judges of &s;uch manner of Pleas; &s;aving to us our right, &s;uch as we and our ance&s;tors have had, and were wont to have of rea&s;on. In witne&s;s whereof, at the reque&s;t of the &s;aid Prelates, to the&s;e pre&s;ent Letters we have &s;et our Seal: Dated at <HI>London</HI> this 8^t^h of <HI>July,</HI> the year of our Reign of <HI>England</HI> 18. of <HI>France</HI> the 5^t^h.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>In the Reign of</HI> Ed. 3. <NOTE PLACE="marg">16 <HI>Ed.</HI> 3. tit. Excom. 4.</NOTE></HEAD>
<P>An Excommunication by the Archbi&s;hop, albeit it be di&s;annulled by the Pope or his Legats, is to be allowed, neither ought the Judges to give any allowance of any &s;uch &s;entence of the Pope or his Legat.</P>
<P>It is often re&s;olved that all the Bi&s;hopricks within <HI>England</HI> were found|ed <NOTE PLACE="marg">In the Reign of <HI>Ed.</HI> 3.</NOTE> by the Kings Progenitors, and therefore the Advou&s;ons of them all be|long to the King, and at fir&s;t they were Donative; and if that any incumbent of any Church with cure die, if the Patron pre&s;ent not within &s;ix moneths,
<PB N="203" REF="165"> the Bi&s;hop of that Dioces ought to collate, to the end the Cure may not be de&s;titute of a Pa&s;tor: if he be negligent by the &s;pace of &s;ix moneths, the Me|tropolitan of that Dioces &s;hall confer one to that Church; and if he al&s;o leave the Church de&s;titute by the &s;pace of &s;ix moneths, then the common Law gives to the King as Supream within his own Kingdom, and not to the Bi&s;hop of <HI>Rome,</HI> power to provide a competent Pa&s;tor for that Church.</P>
<P>The King may not onely exempt any Eccle&s;ia&s;tical per&s;on from the Ju|ri&s;diction <NOTE PLACE="marg">17 <HI>Ed.</HI> 3. 23.</NOTE> of the Ordinary, but may grant him Epi&s;copal Juri&s;diction: And thus it appears there, the King had done of antient time to the Arch-Dea|con of <HI>Richmond. This re&s;olution is not grounded upon any Cu&s;tom or Law, but onely upon a particular fact of a King; &amp; &agrave; facto ad jus non valet argumentum.</HI></P>
<P>All Religious or Eccle&s;ia&s;tical Hou&s;es whereof the King was Founder, are by the King exempt from Ordinary Juri&s;diction, and onely vi&s;itable, and <NOTE PLACE="marg">20 <HI>E.</HI> 3. <HI>Excom.</HI> 9. 19. <HI>Ed.</HI> 3.</NOTE> corrigible by the Kings Eccle&s;ia&s;tical Commi&s;&s;ion. <HI>This re&s;olution too is onely grounded upon matter of Fact; and what man will warrant all the Facts of Kings not to be repugnant to the Laws of God and man? Yet &s;hall not the&s;e men in other things of much le&s;s moment, allow the Kings Proclamations to be Le|gal, nor any thing le&s;s then the Commons Law, or Acts of Parliament.</HI></P>
<P>The Abbot of <HI>Bury</HI> was exempted from Epi&s;copal juri&s;diction, by the Kings Charter: <HI>This is nothing neither but matter of Fact.</HI> <NOTE PLACE="marg">20 <HI>Ed.</HI> 3. <HI>tit. Excom.</HI> 6.</NOTE></P>
<P>The King pre&s;enteth to a Benefice, and his pre&s;entee was di&s;turbed by one who had obtained Bulls from <HI>Rome,</HI> for which offence he was condemn|ed <NOTE PLACE="marg">21 <HI>Ed.</HI> 3. 40. <HI>fol.</HI> 40.</NOTE> to perpetual impri&s;onment, &amp;c.</P>
<P>Tythes ari&s;ing out of any pari&s;h the King &s;hall have, for that he having the Supream Eccle&s;ia&s;tical juri&s;diction, is bound to provide a &s;ufficient Pa|&s;tor <NOTE PLACE="marg">22 <HI>Ed.</HI> 3. <HI>l.</HI> 1. <HI>A&s;&s;. pl.</HI> 75.</NOTE> that &s;hall have the cure of &s;ouls of that place which is not within any pa|ri&s;h: And by the common Laws of <HI>England</HI> it is evident, that no man, un|le&s;s he be Eccle&s;ia&s;tical, or have Eccle&s;ia&s;tical juri&s;diction, can have inheri|tance of Tithes.</P>
<P>The King &s;hall pre&s;ent to his free chappels (in default of the Dean) by <NOTE PLACE="marg">27 <HI>Ed.</HI> 3. <HI>fol.</HI> 84.</NOTE> lapsin re&s;pect of his &s;upream Eccle&s;ia&s;tical juri&s;diction. And <HI>Fitz Herbert</HI> &s;aith that the King in that ca&s;e does pre&s;ent by laps as Ordinary, <HI>Fitz nat. Br.</HI> 34.</P>
<P>Au Excommunication under the Popes Bull, is of no force to di&s;able any man within <HI>England;</HI> and no &s;uit for any cau&s;e, though &s;piritually ri&s;ing in <NOTE PLACE="marg">30 <HI>Ed.</HI> 3. <HI>lib. A&s;&s;. pl.</HI> 19, <HI>&amp;c.</HI></NOTE> this Realm, ought to be determined in the court of <HI>Rome.</HI></P>
<P>In an Attachment upon a Prohibition, the Popes Bull of Excommuni|cation of the plaintiff, was adjudged in&s;ufficient. <NOTE PLACE="marg">21 <HI>Ed.</HI> 3. <HI>tit. Excom.</HI> 6. 33 <HI>Ed.</HI> 3. <HI>tit. Agel de Roy.</HI> 38 <HI>A&s;&s;. pl.</HI> 20.</NOTE></P>
<P><HI>Reges &s;acro Oleo uncti, &s;unt Spiritualis juri&s;dictionis capaces.</HI></P>
<P>A Prior which is the Kings Debtor, and ought to have Tithes of ano|ther &s;piritual per&s;on, may chu&s;e either to &s;ue for &s;ub&s;traction of his Tithes in the Eccle&s;ia&s;tical court, or in the Exchequer, <HI>Fitz Herbert</HI> in his <HI>N. B. fol.</HI> 30. holceth, that before the <HI>St.</HI> 18 <HI>Ed.</HI> 3. <HI>Cap.</HI> 7. the right of Tithes were determinable at the temporal courts at the election of the party. And the courts of divers Manors of the Kings and other Lords in antient times, had the probate of la&s;t Wills and Te&s;taments, and it appeareth by 11 <HI>H.</HI> 7. <HI>fol.</HI> 12. That the probate of Wills and Te&s;taments did not appertain to the Eccle&s;ia&s;tical courts, but that of late time they were determinable there.</P>
<P>The King by his Charter did tran&s;late Canons &s;ecular, into regular and <NOTE PLACE="marg">38 <HI>Lib. A&s;&s;. pl.</HI> 22. 46 <HI>Ed.</HI> 3. <HI>Proem</HI> 6.</NOTE> religious per&s;ons.</P>
<P><HI>Nicholas Moris</HI> elected Abbot of <HI>Waltham,</HI> which was exempt from ordina|ry
<PB N="204" REF="166"> Juri&s;diction &s;ent to <HI>Rome</HI> to be confirmed by the Pope, who not having regard to the &s;aid Election, gave to the &s;aid <HI>Nicholas</HI> the &s;aid Abby, with all the &s;aid Spiritualities, and Temporalities; the Bull was adjudged again&s;t the Laws of <HI>England,</HI> and the Abbot for obtaining the &s;ame, was fallen into the Kings mercy, whereupon all his Po&s;&s;e&s;&s;ions were &s;ei&s;ed into the Kings hands.</P>
<P>Where the Abbot of <HI>We&s;tmin&s;ter</HI> had a Prior and Covent who were Re|gular, <NOTE PLACE="marg">49 <HI>Ed.</HI> 3. <HI>lib. a&s;s. pl.</HI> 8.</NOTE> and <HI>mort</HI> in Law, yet the King by his Charter did divide that Corpo|ration, and made the Prior and Covent a di&s;tinct and capable body to &s;ue and be &s;ued by them&s;elves.</P>
<P>It was Enacted by the whole Parliament, That as well they who obtain|ed <NOTE PLACE="marg"><HI>St. de</HI> 25 <HI>Ed.</HI> 3. <HI>de Provi&s;ori|bus.</HI></NOTE> provi&s;ions from <HI>Rome,</HI> as they that put them in execution &s;hould be out of the Kings Protection, and that a man might do with them as enemies to the King, <HI>&amp;c.</HI></P>
<P>It was afterwards in open Parliament by grievous complaint of all the <NOTE PLACE="marg"><HI>St.</HI> 25. <HI>Ed.</HI> 3.</NOTE> Commons of this Realm, &s;hewed, that the grievances and mi&s;chiefs afore|&s;aid did daily abound, to the great damage and de&s;truction of this Realm, more then ever before, <HI>viz.</HI> that of late the Bi&s;hop of <HI>Rome</HI> by procurement of Clerks, and otherwi&s;e had re&s;erved, and did re&s;erve daily to his collation generally and e&s;pecially, as well Archbi&s;hopricks, Abbeys, and Priories, as all other dignities, and other benefices of <HI>England,</HI> which were of the Ad|vowry of people of the holy Church, and gave the &s;ame to Aliens as well as to Citizens, and taketh of all &s;uch benefices the fir&s;t fruits, and many other profits, and a great part of the trea&s;ure of this Realm was carried away, and di&s;pended out of the Realm by the Purcha&s;ers of &s;uch graces; and al&s;o by &s;uch privy re&s;ervations, many Clerks advanced by the true Patrons, which peaceably holden their advancements by long time, were &s;uddenly put out. Wherefore the &s;aid Commons did pray the &s;aid Soveraign the King, that &s;ince the right of the Crown of <HI>England,</HI> and the Law of the &s;aid Realm was &s;uch, that upon mi&s;chiefs and damages which hapned to this Realm, he ought, and was bound of the accord of his people, therefore to provide remedy and Law, <HI>&amp;c.</HI> The &s;aid King <HI>Ed.</HI> 3. &s;eeing the mi&s;chiefs and damage afore&s;aid, <HI>&amp;c.</HI> and fora&s;much as he was bound by his Oath, to &s;ee the &s;ame to be kept as a Law of this Realm, though that by &s;ufferance and negligence it had been &s;ithence attempted to the contrary; al&s;o having re|gard to the grievous complaints made to him by his people in divers his Par|liaments holden heretofore, willing to ordain remedy for the great damage and mi&s;chiefs which had hapned, and daily did happen to the Church of <HI>England</HI> by the &s;aid cau&s;e, by the a&s;&s;ent of all the great men, and the com|monalty of the &s;aid Realm, to the honor of God, and profit of the &s;aid Church of <HI>England,</HI> and of his Realm, did order and e&s;tabli&s;h, that the free election of all Archbi&s;hops, Bi&s;hops, and all other dignities and benefices electory in <HI>England,</HI> &s;hould hold from henceforth in the manner as they were granted by the Kings progenitors, and founded by the ance&s;tors of other Lords, and that all Prelates, and other people of the holy Church, which had Advow&s;ons of any benefices of the Kings gift, or of any of his progenitors, or of other Lords and Donors, to do divine &s;ervice, and other charges thereof ordained, &s;hould have their collations and pre&s;entments freely, as they were enfeoffed by their donors; and in ca&s;e that re&s;ervation, collation, or provi&s;i|on be made by the Court of <HI>Rome,</HI> of any Archbi&s;hoprick, Bi&s;hoprick, Dig|nity or other Benefice in di&s;turbance of the election, collation, or pre&s;ent|ments
<PB N="205" REF="166"> afore&s;aid: That at the time of the avoidance, that &s;uch re&s;ervations, collations, and provi&s;ions ought to take effect, the &s;aid <HI>Ed.</HI> 3. and his heirs &s;hould have and enjoy for the &s;ame time, collations to the Archbi&s;hopricks, and other dignities elective, which is of his Avowry, &s;uch as his Progenitors had before that free election was granted, &s;ince that the elections were fir&s;t granted by the Kings progenitors upon a certain form and condition, as to demand licen&s;e of the King to chu&s;e, and after the election, to have his Royal a&s;&s;ent, and not in other manner: which condition not kept, the King ought by rea&s;on to re&s;ort to his fir&s;t nature.</P>
<P>Upon complaint made by the great men and commons, it was a&s;&s;ented <NOTE PLACE="marg"><HI>St.</HI> 27 <HI>Ed.</HI> 3.</NOTE> and accorded by the King, great men and commons afore&s;aid, that all the people of the Kings Allegiance, of what condition that they be, which &s;hall draw any out of the Realm, in plea whereof, the conu&s;ance pertaineth to the Kings Court, or of things whereof Judgement were given in the Kings Court, or which did &s;ue in any other Court, to defeat or impeach the Judg|ments given in the Kings Court, &s;hould incur the danger of a <HI>Premunire.</HI></P>
<P>Made to confirm the Acts made the 25. and 27. years of the &s;aid Kings Reign; but tho&s;e that made tho&s;e good Laws again&s;t &s;uch capital offenders, <NOTE PLACE="marg"><HI>St.</HI> 28 <HI>Ed.</HI> 3. <HI>Cap.</HI> 1. 2. 3. 4.</NOTE> were cur&s;ed, defamed, and reproved by &s;uch as maintained the u&s;urped ju|ri&s;diction of the Church of <HI>Rome,</HI> again&s;t which an e&s;pecial Act of Parlia|ment was made by the King and his whole Realm, prohibiting thereby &s;uch defamations and reproofs.</P>
<DIV2 TYPE="section">
<HEAD><HI>In the Reign of</HI> Richard <HI>the &s;econd.</HI></HEAD>
<P>Again&s;t an Incumbent of the Church of <HI>England,</HI> another &s;ueth a pro|vi&s;ion <NOTE PLACE="marg">12 <HI>Rich.</HI> 2. <HI>tit. Juri&s;dict.</HI> 18.</NOTE> in the Court of <HI>Rome,</HI> and there pur&s;ueth until he recovereth the Church again&s;t the Incumbent, and afterward brought an action of account again&s;t him, as receiver of divers &s;ums of money (which in troath were the oblations and offerings which the Incumbent had received) and the whole Court was of opinion again&s;t the Plaintiff, and thereupon he became <HI>non&s;uit.</HI></P>
<P>It is declared by that Parliament, that the Crown of <HI>England</HI> hath been <NOTE PLACE="marg"><HI>St.</HI> 16 <HI>R.</HI> 2. <HI>Cap.</HI> 5.</NOTE> &s;o free at all times, that it hath been in &s;ubjection to no Realm, but imme|diately &s;ubject to God, and none other, and that the &s;ame ought not in any thing touching the Regality of the &s;ame Crown, be to the Bi&s;hop of <HI>Rome,</HI> nor the Laws and Statutes of this Realm, by him fru&s;trated or defeated at his will, to the perpetual de&s;truction of the King his Soveraignty, Crown and Regality, and of all his Realm. And the Commons in that Parliament affirmed, that the things attempted by the Bi&s;hop of <HI>Rome,</HI> be declared a|gain&s;t the Kings Crown, and his Regality, u&s;ed and approved in the time of all his Progenitors.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>In the Reign of</HI> H. 4. <NOTE PLACE="marg"><HI>H.</HI> 4. <HI>fol.</HI> 9&punc;</NOTE></HEAD>
<P>It is re&s;olved that the Popes Collector, though he hath the Popes Bull to that purpo&s;e, hath no juri&s;diction within this Realm, and there the Arch|bi&s;hops and Bi&s;hops, &amp;c. of this Realm, are called the Kings &s;piritual Judges.</P>
<P>By the ancient Laws Eccle&s;ia&s;tical of this Realm, no man could be convict|ed of Here&s;ie, being high-Trea&s;on again&s;t the Almighty, but by the Archbi|&s;hop, <NOTE PLACE="marg"><HI>Fitz. nat. B.</HI> 269. <HI>Candries</HI> Ca&s;e.</NOTE> and all the Clergy of that Province, and after abjured thereupon, and after that newly convicted and condemned by the Clergy of that Province, in the general councel of the convocation: but the <HI>St.</HI> of 2 <HI>H.</HI> 4. <HI>Ca.</HI> 15. doth give the Bi&s;hop of the Dioces power to condemn a Heretick, and that before that
<PB N="206" REF="167"> Statute, he could not be committed to the &s;ecular power to be burnt, until he had once abjured, and was again relap&s;ed to thar or &s;ome other Here&s;ie; where|by it appeareth that the King by the con&s;ent of Parliament, directed the pro|ceedings in the Court Eccle&s;ia&s;tical, in ca&s;e of Here&s;ie, and other matters more Spiritual: Well, but &s;uppo&s;e the King did &s;o, it proves nothing; for it is but matter of Fact: But it does not appear neither that this direction of the King by con&s;ent of Parliament, did direct the proceedings in the Court in the conu&s;ance of Here&s;ie, but onely for the puni&s;hment of Here&s;ie adjudg|ed in the Eccle&s;ia&s;tical Court; and all men know that it is the Temporal, not Eccle&s;ia&s;tical power, (although it may be executed, or pronounced by Eccle&s;ia&s;tical per&s;ons) that puni&s;heth men for Spiritual Crimes.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>The Pope cannot alter the Laws of</HI> England.</HEAD>
<P>The Judges &s;ay that the Statutes which re&s;train the Popes provi&s;ions <NOTE PLACE="marg">11 <HI>H.</HI> 4. 37. 11 <HI>H.</HI> 4. <HI>fol.</HI> 69. 76.</NOTE> to the Benefices of the Advow&s;ons of Spiritual men, were made, for that the Spiritual dur&s;t not in their ju&s;t Cau&s;e, &s;ay again&s;t the Popes provi&s;ions: &s;o as tho&s;e Statutes were made in affirmance of the common Law.</P>
<P>Excommunication made by the Pope, is of no force in <HI>England,</HI> and the &s;ame being certified by the Pope into any Court in <HI>England,</HI> ought not to <NOTE PLACE="marg">14 <HI>H.</HI> 4. <HI>fol.</HI> 14, <HI>&amp;c.</HI></NOTE> be allowed, neither is any Certificate of any Excommunication available in Law, but that which is made by &s;ome Bi&s;hop in <HI>England;</HI> for the Bi&s;hops are by the common Laws, the immediate Officers, and Mini&s;ters of Ju&s;tice to the Kings Court in Cau&s;es Eccle&s;ia&s;tical.</P>
<P>If any Bi&s;hop do Excommunicate any per&s;on for a cau&s;e that belongeth <NOTE PLACE="marg">14 <HI>H.</HI> 4. 14.</NOTE> not to him, the King may write to the Bi&s;hop, and command him to a&s;&s;oyl, and ab&s;olve the party.</P>
<P>If any per&s;on of Religion obtain of the Bi&s;hop of <HI>Rome</HI> to be exempt <NOTE PLACE="marg"><HI>St.</HI> 2. <HI>H.</HI> 4. <HI>Cap.</HI> 3.</NOTE> from obedience regular or ordinary, he is in ca&s;e of a <HI>Premunire,</HI> which is an offence, as hath been &s;aid, <HI>contra Regem, coronam, &amp; dignitatem ejus.</HI></P>
<P>Upon complaint of the Commons of the horrible mi&s;chiefs, and damna|ble cu&s;toms which there were introduced by the Church of <HI>Rome,</HI> that no <NOTE PLACE="marg"><HI>St</HI> 6. <HI>H.</HI> 4. <HI>Cap.</HI> 1.</NOTE> per&s;on, Abbot or other, &s;hould have any provi&s;ions of Archbi&s;hoprick, or Bi&s;hoprick which &s;hould be void, till he had compounded with the Popes Chamber, to pay great and exce&s;&s;ive &s;ums of money, as well for the fir&s;t fruites of the &s;ame Archbi&s;hoprick or Bi&s;hoprick, as for the other le&s;s &s;er|vices in the &s;aid Court, and that the &s;aid &s;ums, or greater part thereof be paid beforehand, which &s;ums pa&s;&s;ed the double or treble of that that was accu&s;tomed of old time to be paid, &amp;c. It was therefore Enacted, That they, and every of them that did pay greater &s;ums then had of old time been ac|cu&s;tomed to be paid into the &s;aid Chamber, &s;hould incur the forfeiture of as much as they may forfeit to the King.</P>
<P>No per&s;on, Religious or Secular, of what e&s;tate or condition that he <NOTE PLACE="marg"><HI>St</HI> 7. <HI>H.</HI> 4. <HI>Cap.</HI> 6.</NOTE> were, by colour of any Bulls containing Priviledges, to be di&s;charged of Tythes appertaining to Pari&s;h-Churches, Prebends, Ho&s;pitals, Vicaredges Purcha&s;ed before the fir&s;t year of King <HI>R.</HI> 2. or after, not executed, &s;hould put in execution any&s;uch Bills &s;o Purcha&s;ed, or any &s;uch Bulls to be Pur|cha&s;ed in time to come, upon pain of a <HI>Premunire.</HI> In the Reign of <HI>Hen.</HI> 5.</P>
<P>In an Act of Parliament made in the third year of <HI>Henry</HI> 5. it is Declared, <NOTE PLACE="marg"><GAP DESC="illegible" RESP="UOM" EXTENT="1 span"> <HI>H.</HI> 5. <GAP DESC="illegible" RESP="UOM" EXTENT="3 letters">. 4. <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"></NOTE> That whereas in the time of <HI>H.</HI> 4. father to the &s;aid King, the &s;eventh year of his Reign, to e&s;chew many di&s;cords and debates, and divers other mi&s;chiefs which were like to ari&s;e and happen, becau&s;e of many provi&s;ions then made,
<PB N="207" REF="167"> or to be made by the Pope, and al&s;o of licence thereupon granted by the &s;aid King, among other things, it was Ordained and E&s;tabli&s;hed, That no &s;uch Licence, or Pardon &s;o granted before the &s;ame Ordinance, or afterwards to be granted, &s;hall be available to any Benefice full of any Incumbent, at the day of the date of &s;uch Licence or Pardon granted: Neverthele&s;s, divers per&s;ons having provi&s;ions of the Pope, of divers Benefices in <HI>England,</HI> and el&s;ewhere, and Licen&s;es Royal to execute the &s;ame Provi&s;ions, have by co|lour of the &s;ame Provi&s;ions, Licen&s;es and acceptations of the &s;aid Bene|fices, &s;ubtilly excluded divers per&s;ons of their Benefies, in which they had been incumbents by a long &s;ea&s;on, of the collation of the very Patrons Spiritual, to whom duely made to their intent, to the final de&s;truction and enervation of the E&s;tates of the &s;ame Incumbents. The King, willing to avoid &s;uch mi&s;chiefs, hath Ordained and E&s;tabli&s;hed, That all the Incumbents of every benefice of Holy Church, of the Patronage, Collation, or pre&s;entation of Spiritual Patrons, may quietly and peaceably enjoy their &s;aid Benefices, without being inquieted, mole&s;ted, or any way grieved by any colour of &s;uch provi&s;ions, licencies, and acceptations; and that all licences and pardons, upon and by &s;uch provi&s;ions made in any man|ner, &s;hould be void and of no valour: and if any feel him&s;elf grieved, mo|le&s;ted, or inquieted in any wi&s;e from henceforth by any, by colour of &s;uch provi&s;ions, licen&s;es, pardons, or acceptations, that the &s;ame mole&s;ters, grievers or inque&s;ters, and every of them, have, and incur the pains and pu|ni&s;hments contained in the Statutes of Provi&s;ors before that time. <HI>H.</HI> 4. <NOTE PLACE="marg"><HI>St.</HI> 2 <HI>H.</HI> 5. <HI>Cap.</HI> 7. <HI>Lollar|dy.</HI></NOTE> Was made for extirpation of Here&s;ie and Lollardy, whereby full power and authority was given to the Ju&s;tices of Peace, and Ju&s;tices of A&s;&s;ize, to en|quire of tho&s;e that hold Errors, Here&s;ies, or Lollardry, and of their main|tainers, &amp;c. and that the Sheriff or other Officer, &amp;c. may Arre&s;t and ap|prehend them. A man &s;hould undertake a very hard task, that goes about to maintain, that all Humane Laws did never tran&s;gre&s;s their limits, nor en|croach upon things that were not properly in their conu&s;ance; and this Law ill &s;uits with the temper of the&s;e times.</P>
<P>The King by con&s;ent of Parliament, giveth power to Ordinaries to en|quire <NOTE PLACE="marg"><HI>St.</HI> 2&punc; <HI>H.</HI> 5. <HI>Cap.</HI> 1.</NOTE> of the Foundation, Erection, and Governance of Ho&s;pitals, other then &s;uch as be of the Kings Foundation, and thereupon to make correcti|on and reformation, according to the Eccle&s;ia&s;tical Law, nor could any o|ther Power grant &s;uch Ordinances.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>In the Reign of</HI> Henry <HI>the &s;ixth.</HI> <NOTE PLACE="marg">8 <HI>H.</HI> 6. <HI>fol.</HI> 3.</NOTE></HEAD>
<P>Excommunication made and certified by the Pope, is of no force to di&s;able any man within <HI>England:</HI> and this is by the ancient Common Laws, before any Statute was made concerning forein Juri&s;diction.</P>
<P>The King onely may grant or licence to Found a Spiritual Corpo|ration. <NOTE PLACE="marg">9 <HI>H.</HI> 6. <HI>fol.</HI> 16.</NOTE></P>
<P>The Pope wrote Letters in derogation of the King and his Regality, <NOTE PLACE="marg">1 <HI>H.</HI> 6. <HI>fol.</HI> 1<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">.</NOTE> and the Church-men dur&s;t not &s;peak again&s;t them; but <HI>Humfrey</HI> Duke of <HI>Gloce&s;ter,</HI> for their &s;afe keeping, put them into the fire.</P>
</DIV2>
<DIV2 TYPE="section">
<PB N="208" REF="168">
<HEAD><HI>In the Reign of</HI> Edward <HI>the fourth.</HI></HEAD>
<P>The Pope in the Reign of King <HI>Ed.</HI> 4. granted to the Prior of St. <HI>Johns,</HI> <NOTE PLACE="marg"><HI>H.</HI> 7. f. 20.</NOTE> to have Sanctuary within his Priory, and this was pleaded, and claimed by the Prior; but it was re&s;olved by the Judges, that the Pope had no power to grant any Sanctuary within this Realm, and therefore by Judgement of Law it ought to be di&s;allowed.</P>
<P>There it appeareth that the opinion of the Kings Bench had been often|times, <NOTE PLACE="marg"><HI>Ed.</HI> 4. 3.</NOTE> that if one Spirital per&s;on, &s;ueth another Spiritual per&s;on in the Court of <HI>Rome,</HI> for a matter Spiritual, where he may have remedy before his Or|dinary, that is, of the Bi&s;hop of the Dioce&s;s within the Realm, <HI>Quia trahit ip|&s;um in placitum extra regnum,</HI> incurreth the danger of a Premunire; a hai|nous offence, being <HI>contra Legiantiae &s;uae debitum, in contemptum Domini Re|gis, &amp; contra coronam &amp; dignitatem &s;uam.</HI></P>
<P>In the Kings Court of Record, where Felonies are determined, the Bi|&s;hop or his Deputy ought to give his attendance, to the end that if any man <NOTE PLACE="marg">9 <HI>Ed.</HI> 4. 28.</NOTE> that is Indicted or Arraigned for Felony, do demand the benefit of his Cler|gy, that the Ordinary may inform the Court of his &s;ufficiency, or in&s;uffici|ency, that is, whether he can read as a Clerk, or not; whereof notwith|&s;tanding the Ordinary is not to judge, but a Mini&s;ter to the Kings Court; and the Judges of that Court are to judge of the &s;ufficiency or in&s;ufficiency of the party, what&s;oever the Ordinary do inform them, and upon due exa|mination of the party, may give judgement above the Ordinaries informa|tion: For the Kings Judges, are Judges of the Cau&s;e; whether the Ordi|nary be a Judge of <HI>Legit,</HI> or <HI>non Legit,</HI> matters not much: for if he be Judge, or Mini&s;ter, no doubt but he is the Kings Judge, or Mini&s;ter. And I my &s;elf have &s;een Chief Ju&s;tice <HI>Littleton</HI> overrule the Ordinary in the Ca&s;e of one <HI>Brudbank,</HI> after the Ordinaries Deputy had pronounced <HI>legit ut Clericus,</HI> and give &s;entence of death upon him for his <HI>non legit,</HI> and he was hanged.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>The Popes Excommunication is of no force within the Kingdom of</HI> England. <NOTE PLACE="marg">12 <HI>Ed.</HI> 4. f. 46.</NOTE></HEAD>
<P>In the Reign of King <HI>Ed.</HI> 4. a Legat came from the Pope to <HI>Callis,</HI> to have come into <HI>England,</HI> but the King and his Councel would not let him come into <HI>England,</HI> until he had taken an Oath that he &s;hould attempt no|thing again&s;t the King or his Crown: And &s;o the like was done to another of the Popes Legates. And this is &s;o reported, 1 <HI>H.</HI> 7. <HI>fol.</HI> 10.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>In the Reign of</HI> Richard <HI>the third.</HI></HEAD>
<P>It is re&s;olved by the Judges, that a Judgement of Excommunication in the Church of <HI>Rome,</HI> &s;hall not prejudice any man within <HI>England</HI> at the Common Law.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>In the Reign of</HI> Henry <HI>the &s;eventh.</HI> <NOTE PLACE="marg">1 <HI>H.</HI> 7. fol. 10.</NOTE></HEAD>
<P>The Pope had Excommunicated all per&s;ons what&s;oever, who had bought Alume of the <HI>Florentines;</HI> and it was re&s;olved by all the Judges, that the Popes Excommunication ought not to be obeyed, or to be put in execution within the Realm of <HI>England.</HI></P>
<PB N="209" REF="168">
<P> It was enacted, ordained and e&s;tabli&s;hed, by the advice and a&s;&s;ent of the Lords Spiritual and Temporal, and the Commons in the &s;aid Parliament a&s;&s;embled, That it be lawful to all Archbi&s;hops and Bi&s;hops, and other Ordi|naries having Epi&s;copal juri&s;diction, to puni&s;h &amp; cha&s;ti&s;e &s;uch Prie&s;ts, Clerks, and Religious men being within the bounds of their juri&s;diction, as &s;hall be committed afore them by examination, and lawful proof requi&s;ite by the Law of the Church, of Advoutry, Fornication, Ince&s;t, or any other fle&s;hly incontinency, by committing them to ward or pri&s;on, there to abide in ward until &s;uch time as &s;hall be thought to their di&s;cretions convenient for the quality and quantity of their tre&s;pa&s;s. And that none of the Archbi&s;hops, Bi&s;hops or Ordinaries afore&s;aid be thereof chargeable, of, to, or upon any action of fal&s;e or wrongful Impri&s;onment, but that they be utterly di&s;charged thereof in any of the ca&s;es afore&s;aid by vertue of this Act.</P>
<P>The King is a mixt per&s;on, becau&s;e he hath Eccle&s;ia&s;tical and Temporal <NOTE PLACE="marg">10 <HI>H.</HI> 7. 18.</NOTE> juri&s;diction.</P>
<P>By the Eccle&s;ia&s;tical Laws allowed within this Realm, a Prie&s;t cannot <NOTE PLACE="marg">11 <HI>H.</HI> 7. 12.</NOTE> have two Benefices, nor a Ba&s;tard can have a Prie&s;t: But the King may by his Eccle&s;ia&s;tical power and juri&s;diction di&s;pence with both the&s;e, becau&s;e they be <HI>mala prohibita,</HI> but not <HI>mala per &s;e.</HI></P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>How far</HI> Henry <HI>the Eighth exerci&s;ed his Eccle&s;i|astical Juri&s;diction.</HI></HEAD>
<P>IT was enacted, That if any per&s;on or per&s;ons at any time after the <NOTE PLACE="marg"><HI>St.</HI> 21. <HI>H.</HI> 8. 13.</NOTE> fir&s;t of <HI>April</HI> 1530. contrary to the Act, &s;hould procure and obtain at the Court of <HI>Rome,</HI> or el&s;where, any Licence or Licences, Union, Tolera|tion, or Di&s;pen&s;ation to receive or take any more Benefices with cure, then was limited by the &s;aid Act; or el&s;e at any time after the &s;aid day &s;hould put in execution any &s;uch Licence, Toleration, or Di&s;pen&s;ation, be|fore that time obtained contrary to the &s;aid Act; That then every &s;uch per&s;on or per&s;ons &s;o after the &s;aid day, &s;uing for him&s;elf, or receiving or taking &s;uch Benefice by force of &s;uch Licence or Licences, Union, Tolera|tion, or Di&s;pen&s;ation, that is to &s;ay, the &s;ame per&s;on or per&s;ons only, and no other, &s;hould for every &s;uch default incur the danger, pain and penalty of Twenty pounds &s;terling, and &s;hould al&s;o lo&s;e the whole profits of every &s;uch Benefice or Benefices, as he receives or takes by force of any &s;uch Licence or Licences, Union, Toleration or Di&s;pen&s;ation. And that if any per&s;on or per&s;ons did procure or obtain at the Court of <HI>Rome,</HI> or el&s;where, any manner of Licence or Di&s;pen&s;ation to be nonre&s;ident at their Dignities, Prebends or Benefices, contrary to the &s;aid Act; that then every &s;uch per&s;on putting in execution any &s;uch Di&s;pen&s;ation or Licence for him&s;elf, from the &s;aid fir&s;t of <HI>April</HI> 1530. &s;hould run and incur the penalty, damage, and pain of Twenty pounds &s;terling, for every time &s;o doing to be forfeited and recovered; and yet &s;uch Licence or Di&s;pen&s;ation &s;o procured, or to be put in execution, to be void and of none effect.</P>
<P>It was enacted, That no per&s;on from thenceforth cited or &s;ummoned, <NOTE PLACE="marg">23 <HI>H.</HI> 8. <HI>cap.</HI> 9.</NOTE> or otherwi&s;e called to appear by him&s;elf or her&s;elf, or by any Procurator, before any Ordinary, Archdeacon, Commi&s;&s;ary, Official, or any other Judge Spiritual out of the Dioce&s;e, or peculiar Juri&s;diction, where the per&s;on
<PB N="210" REF="169"> which &s;hall be cited, &s;ummoned, or otherwi&s;e (as is above&s;aid) called, &s;hall be inhabiting and dwelling, at the time of awarding or going forth of the &s;ame citation or &s;ummons: Except it be for, in, or upon any of the ca&s;es, or cau&s;es hereafter written, <HI>viz.</HI> for any Spiritual offence or cau&s;e, committed or done, or omitted, for&s;towed or neglected to be done contrary to right and duty, by the Bi&s;hop, Archdeacon, Commi&s;&s;ary, Official, or other per&s;on having Spiritual juri&s;diction, or being a Spiritual Judge, or by any other per&s;on or per&s;ons within the Dioce&s;e, or other Juri&s;diction whereunto he or &s;he &s;hall be cited, or otherwi&s;e lawfully called to appear and an&s;wer: And that every Spiritual Judge offending contrary to the purport of this Act, &s;hall forfeit Ten &s;hillings &s;terling, the one half to the King, the other half to any per&s;on that will &s;ue for the &s;ame in any of the Kings Courts; in which action no protection &s;hall be allowed, nor Wager of Law or E&s;&s;oine be admitted.</P>
<P>In which, Sir <HI>E. Coke (Cawdries ca&s;e)</HI> &s;ays, there were twenty four Bi&s;hops, <NOTE PLACE="marg"><HI>Stat.</HI> 24. <HI>H.</HI> 8. <HI>cap.</HI> 12.</NOTE> twenty nine Abbots and Priors; for &s;o many then were Lords of Parliament. It is declared, That where by divers &s;undry old authentique Hi&s;tories and Chronicles, it was manife&s;tly declared and expre&s;&s;ed, that this Realm of <HI>England</HI> is an Empire, and has been &s;o accounted in the world, governed by one Supreme Head and King, having the dignity and Royal e&s;tate of the Imperial crown of the &s;ame, unto whom a Body Politique compact of all &s;orts and degrees of people, divided in terms, and by names of Spiri|tuality and Temporality, been bound and ought to bear next to God, a natural and humble obedience; He being al&s;o in&s;titute and furni&s;hed by the goodne&s;s of God, with plenary, whole and entire power, preheminence, authority, prerogative, and juri&s;diction, to render and yield ju&s;tice and final determination to all manner of folk, re&s;iants or &s;ubjects within this his Realm, in all cau&s;es, matters, debates and contentions happening to oc|cur, in&s;urge or begin within the limits thereof, without re&s;traint or pro|vocation to any Forein Princes or Potentates in the world: The body Spi|ritual whereof having power, when any cau&s;e of Law Divine happened to come in que&s;tion, or of Spiritual Learning, that it was declared, interpreted and &s;hewed by that part of the &s;aid body Politique called the Spiritual body then, being u&s;ually called the Engli&s;h Church, which always hath been re|puted, and al&s;o found of that &s;ort, that both for knowledge, integrity, and &s;ufficiency of number, it has been always thought, and was al&s;o at that houre &s;ufficient and meet of it &s;elf, without the intermedling of any ex|terior per&s;on or per&s;ons, to declare and determine all &s;uch doubts, and to admini&s;ter all &s;uch offices and duties, as to the the rooms Spiritual did ap|pertain. For the due admini&s;tration whereof, and to keep them from cor|ruption and &s;ini&s;ter affection, the Kings noble Progenitors and Antece&s;&s;ors of the Nobles of this Realm, have &s;ufficiently endowed the &s;aid Church both with honor and po&s;&s;e&s;&s;ions. And the Laws Temporal for trial of Pro|perty of Lands and Goods, and for the con&s;ervation of the people of this Realm in unity and peace without rapine and &s;poil, was, and yet is admini|&s;tred, adjudged, and executed by &s;undry Judges and Mini&s;ters of the other part of the &s;aid Body Politique, called the Temporalty: And both their Authorities and Juri&s;dictions do conjoin together in the due admini&s;tration of Ju&s;tice, the one to help the other.</P>
<P>This Statute does moreover affirm, that <HI>Ed.</HI> 1. <HI>Ed.</HI> 3. <HI>Rich.</HI> 2. <HI>H.</HI> 4.
<PB N="211" REF="169"> and other Kings did make divers Laws, Ordinances, Statutes, &amp;c. for the entire and &s;ure con&s;ervation of the prerogatives, liberties and preheminences of the &s;aid Imperial Crown, and of the Juri&s;dictions Spiritual and Temporal of the &s;ame, to keep it from the annoyance as well from the See of <HI>Rome,</HI> as from other Forein Potentates, and does make all Cau&s;es determinable by any Spiritual juri&s;diction, to be adjudged within the Kings authority.</P>
<P>All Fir&s;t-fruits, and all contributions to the See of <HI>Rome</HI> by any Bi&s;hop, <NOTE PLACE="marg"><HI>St.</HI> 25. <HI>H.</HI> 8, <HI>cap.</HI> 20.</NOTE> were forbidden upon pain of forfeiture of all the goods and cattals for ever, and all the Temporal lands and po&s;&s;e&s;&s;ions of every Archbi&s;hoprick or Bi&s;hoprick, during the time that he or they who offend contrary to the &s;aid Act, &s;hall po&s;&s;e&s;s and enjoy the &s;aid Archbi&s;hoprick or Bi&s;hoprick. And that if any pre&s;ented to the See of <HI>Rome</HI> by the King to a Bi&s;hoprick, and he be there delayed, he may be con&s;ecrated by an Archbi&s;hop in <HI>Eng|land;</HI> and that an Archbi&s;hop pre&s;ented to the See of <HI>Rome</HI> to be there con|&s;ecrated, and there letted, may be con&s;ecrated by two Bi&s;hops of <HI>England.</HI> And becau&s;e the Pope hereof informed, did not redre&s;s and reform the &s;aid exactions, nor give an&s;wer to the Kings mind; therefore the &s;aid Statute did prohibit any man to be pre&s;ented to the See of <HI>Rome</HI> for the dignity of an Archbi&s;hop or Bi&s;hop, or that any Annates or Fir&s;t-fruits be paid to the Bi&s;hop of <HI>Rome;</HI> and that upon the avoidance of any Archbi&s;hoprick or Bi&s;hoprick, the King, his heirs and &s;ucce&s;&s;ors may grant to the Prior and Covent, or Dean and Chapiter of the Cathedral Churches or Mona&s;teries, where the See of &s;uch Archbi&s;hoprick or Bi&s;hoprick &s;hall happen to be void, a Licence under the Great &s;eal, as of old time hath been accu&s;tomed, to proceed to Election of an Archbi&s;hop or Bi&s;hop of the See &s;o being void, with a Letter mi&s;&s;ive containing the name of the per&s;on which they &s;hall elect and choo&s;e; and for default of &s;uch Election, the King by his Letters Patents may nominate an Archbi&s;hop or Bi&s;hop; and that every Archbi&s;hop &amp; Bi&s;hop to who&s;e hands any &s;uch pre&s;entment or nomination &s;hall be direct|ed, &s;hall with &s;peed inve&s;t and con&s;ecrate the per&s;on nominated and pre&s;ented by the King, his heirs and &s;ucce&s;&s;ors. And if any Archbi&s;hop or Bi&s;hop, Prior and Covent, Dean and Chapiter, &s;hall for the &s;pace of twenty days next after &s;uch Licence or Nomination come to their hands, neglect, or &s;hall execute any Cen&s;ures, Excommunications, Interdictions, &amp;c. contrary to the execution of any thing contained in this Act, that then they incur the penalty of a <HI>Praemunire.</HI></P>
<P>An act concerning the exoneration of the Kings &s;ubjects from exacti|ons <NOTE PLACE="marg"><HI>St.</HI> 25. <HI>H.</HI> 8. <HI>cap.</HI> 21.</NOTE> and impo&s;itions before that time paid to the See of <HI>Rome,</HI> and for having Licences and Di&s;pen&s;ations within this Realm, without &s;uing further for the &s;ame.</P>
<P>The King &s;hall be reputed Supreme Head of the Church of <HI>England,</HI> <NOTE PLACE="marg"><HI>St.</HI> 26. <HI>H.</HI> 8. <HI>cap.</HI> 1.</NOTE> and have authority to reform and redre&s;s all Errors, Here&s;ies, and abu&s;es in the &s;ame.</P>
<P>Every Archbi&s;hop and Bi&s;hop di&s;po&s;ed to have a Suffragan, may elect <NOTE PLACE="marg">26 <HI>H.</HI> 8. <HI>c.</HI> 14.</NOTE> di&s;creet Spiritual per&s;ons, being learned, and of good conver&s;ation, and pre&s;ent them under their &s;eals to the King, making humble reque&s;t to his Maje&s;ty to give to one of the two &s;uch title, name, &s;tile and dignity of Bi&s;hop of &s;uch of the Sees as the King &s;hall think fit; and that every &s;uch per&s;on to whom the King &s;hall give any &s;uch &s;tile and title of the Sees abovenamed, <HI>viz.</HI> the Towns of <HI>Thetford, Ip&s;wich, Colche&s;ter, Dover, Gilford, Southampton,</HI>
<PB N="212" REF="170"> <HI>Taunton, Shaftsbury, Molton, Marlborough, Bedford, Leice&s;ter, Gloce&s;ter, Shrew&s;|bury, Bri&s;tow, Penrith, Bridgwater, Nottingham, Grantham, Hull, Huntington, Cambridge,</HI> and the Towns of <HI>Perth</HI> and <HI>Barwick,</HI> S. <HI>Germans</HI> in <HI>Cornwal,</HI> and the <HI>I&s;le of Wight,</HI> &s;hall be called Bi&s;hop Suffragan of the &s;ame See, whereunto he &s;hall be named; and that every Archbi&s;hop and Bi&s;hop, for their own peculiar Dioce&s;e, may and &s;hall give to every &s;uch Bi&s;hop Suffra|gan &s;uch Commi&s;&s;ions as have been accu&s;tomed for Suffragans heretofore to have, or el&s;e &s;uch Commi&s;&s;ions as by them &s;hall be thought requi&s;ite, rea&s;onable and convenient; And that no Suffragan &s;hall u&s;e any ordinary juri&s;diction, or Epi&s;copal power, otherwi&s;e, nor longer time, then &s;hall be limited by &s;uch Commi&s;&s;ion, upon pain of the penalties mentioned in the Statute of Provi&s;ions made the 16. of <HI>Rich.</HI> 2.</P>
<P>The King &s;hall have authority to name Thirty two per&s;ons, &s;ixteen <NOTE PLACE="marg"><HI>St.</HI> 27 <HI>H.</HI> 8. <HI>cap.</HI> 15.</NOTE> Spiritual, and &s;ixteen Temporal, to examine the Laws and Con&s;titutions heretofore made according to the Statute of 25 <HI>H.</HI> 8. 9. But no Laws or Con&s;titutions &s;hall be made without the Kings a&s;&s;ent, nor contrary to the Kings Prerogative, or the Laws of the Land.</P>
<P>If any per&s;on &s;hall extoll the Authority of the Bi&s;hop of <HI>Rome,</HI> he &s;hall <NOTE PLACE="marg">28 <HI>H.</HI> 8. <HI>c.</HI> 10.</NOTE> incur the penalty of a <HI>Praemunire,</HI> provided <HI>Anno</HI> 16 <HI>Ric.</HI> 2. Every Eccle&s;i|a&s;tical and Lay-Officer &s;hall be &s;worne to renounce the &s;aid Bi&s;hop and his Authority, and to re&s;i&s;t it to his power; and to repute any Oath taken in maintenance of the &s;aid Bi&s;hop or his Authority, to be void: And the refu&s;ing of the &s;aid Oath, to be Trea&s;on.</P>
<P>Makes all Bulls and Di&s;pen&s;ations from the Bi&s;hop or See of <HI>Rome</HI> to <NOTE PLACE="marg">28 <HI>H.</HI> 8. <HI>c.</HI> 16.</NOTE> any of the Subject of this Realm, void.</P>
<P>The King may nominate &s;uch number of Bi&s;hops, Sees for Bi&s;hops, <NOTE PLACE="marg">31 <HI>H.</HI> 8. <HI>c.</HI> 9.</NOTE> Cathedral Churches, and endow them with &s;uch po&s;&s;e&s;&s;ions as he will.</P>
<P N="1">1. If any per&s;on by word, writing, printing, ciphering, or otherwi&s;e, do preach, teach, di&s;pute, or hold opinion, That in the ble&s;&s;ed Sacrament <NOTE PLACE="marg">31 <HI>H.</HI> 8. <HI>c.</HI> 14. called the Statute of the Six Articles.</NOTE> of the Altar under form of bread and wine (after the con&s;ecration thereof) there is not really the natural body and blood of our Saviour Je&s;us Chri&s;t conceived of the Virgin <HI>Mary;</HI> or that after the &s;aid con&s;ecration there remains any &s;ub&s;tance of bread or wine, or any other &s;ub&s;tance, but the &s;ub&s;tance of Chri&s;t God and man: Or that in the fle&s;h under the form of bread, is not the very blood of Chri&s;t: Or that with the blood under the form of wine, is not the very fle&s;h of Chri&s;t, as well apart, as though they were both together: Or affirm the &s;aid Sacrament to be of other &s;ub&s;tance then is afore&s;aid; Or deprave the &s;aid ble&s;&s;ed Sacrament: Then he &s;hall be adjudged a Heretick, and &s;uffer death by burning, and &s;hall forfeit to the King all his lands, tenements, hereditaments, goods and chattels, as in ca&s;e of High Trea&s;on. 2. Or if any per&s;on preach in any Sermon or Collation openly made, or teach in any Common School or Congregation, or ob&s;ti|nately affirm or defend, That the Communion of the ble&s;&s;ed Sacrament in both kinds, is nece&s;&s;ary for the health of mans &s;oul, or ought to be admini|&s;tred in both kinds: Or that it is nece&s;&s;ary to be received by any per&s;on (other then by Prie&s;ts) being at Ma&s;s, and con&s;ecrating the &s;ame. 3. Or that any man, after the Order of Prie&s;thood received, may marry or con|tract matrimony. 4. Or that any man or woman, which advi&s;edly hath vowed or profe&s;&s;ed, or &s;hould vow or profe&s;s cha&s;tity or widowhood, may marry or contract marriage. 5. Or that Private Ma&s;&s;es be not lawful, or
<PB N="213" REF="170"> not laudable, or &s;hould not be u&s;ed, or be not agreeable to the Laws of God. 6. Or that Auricular confe&s;&s;ion is not expedient, and nece&s;&s;ary to be u&s;ed in the Church of God; He &s;hall be adjudged, &s;uffer death, and forfeit lands and goods as a Felon. If any Prie&s;t, or other man or woman, which advi&s;edly hath vowed cha&s;tity or widowhood, do actually marry or contract matrimony with another; Or any man which is, or hath been a Prie&s;t, do carnally u&s;e any woman, to whom he is, or hath been married, or with whom he hath contracted matrimony, or openly be conver&s;ant or familiar with any &s;uch woman; both man and woman &s;hall be adjudged Felons. Commi&s;&s;ions &s;hall be awarded to the Bi&s;hop of the Dioce&s;e, his Chancellor, Commi&s;&s;ary, and others, to enquire of the Here&s;ies, Felonies, and offences afore&s;aid: And al&s;o Ju&s;tices of Peace in their Se&s;&s;ions, and every Steward, Under-Steward, and Deputy of Steward, in their Leets or Law-day, by the oath of twelve men, have authority to enquire of the Here&s;ies, Felonies, and offences afore&s;aid.</P>
<P>See the 7. <HI>Chap.</HI> of <HI>B. Bramhalls Ju&s;t Vindication of the Church of England,</HI> where he endeavours to &s;hew that not only the Emperor, the King of <HI>France,</HI> nay, and the King of <HI>Spain,</HI> have in effect done the &s;ame things with <HI>Henry</HI> the Eighth, upon occa&s;ion, or at lea&s;t plead for it, although for their intere&s;ts they have not continued the exerci&s;e of their Juri&s;diction, as the Kings of <HI>England</HI> have done.</P>
<DIV2 TYPE="section">
<HEAD><HI>A &s;hort view or reflexion upon</HI> Henry <HI>the Eight, and his Reformation.</HI></HEAD>
<P>How zealous a Defender of the Pope, and See of <HI>Rome, Henry</HI> the Eight <NOTE PLACE="marg">K. <HI>H.</HI> 8. a zeal|ous defender of the Pope and Papacy.</NOTE> was in the beginning of his Reign, is evident by his book written again&s;t <HI>Martin Luther:</HI> For, not being born <HI>Henry</HI> the &s;eventh's elde&s;t &s;on, his Father being a wondtrful frugal Prince, and ob&s;erving good natural parts in him, bred him up in literature, and de&s;tinated him to the Archbi&s;hoprick of <HI>Can|terbury,</HI> as being the cheape&s;t, and highe&s;t preferment he could give him. But his elder brother being dead, and after him his father; The King e|&s;teeming it a great honor to imploy him&s;elf in &s;o famous a controver&s;ie as was then maintained by the Wits of Chri&s;tendom, in defence and oppo&s;ition of the Church of <HI>Rome,</HI> wrote a book of the <HI>Seven Sacraments,</HI> defending al&s;o the Papacy, and oppugned the Doctrine of <HI>Luther.</HI> This thing was &s;o grateful to the Pope, that <HI>Leo</HI> 10. honored him with the Title of <HI>Defender of the Faith.</HI> But after he had been married to his brothers wife above twenty years, and inflamed with lu&s;tful affection to <HI>Anne Bullein</HI> a Paragon and Mi|nion <NOTE PLACE="marg">From what cau&s;e the King became e&s;tranged from the Pope.</NOTE> of the Court, he became (he &s;aid) troubled in con&s;cience for having married his brothers wife; and therefore de&s;ired that the Pope would exa|mine the ca&s;e, and &s;atisfie his &s;cruple of con&s;cience. (It is a very remarkable thing, that this ungodly Di&s;pen&s;ation of <HI>Julius</HI> 2. for <HI>H.</HI> 8. his marrying with his brothers wife, &s;hould be the cau&s;e of the King and Kingdoms de|fection from the Papacy under <HI>Clement</HI> 7.) The Pope, to &s;atisfie the King, gave the Cardinals <HI>Wol&s;ey</HI> and <HI>Campeius</HI> a power Legatine to hear and de|termine the validity, or invalidity of the marriage; but the Queen refu&s;ing to &s;ubmit to their determination, appealed from them to the Pope. The Pope had now a Wolf by the ears, whom he could neither keep, nor well let go: For, in pronouncing the marriage void, he feared to incen&s;e <HI>Charls</HI> the Fifth (being Nephew to Queen <HI>Katherine,</HI> and the mo&s;t potent Prince in Chri&s;tendom) and in confirming it, he feared to lo&s;e <HI>Henry</HI> the then
<PB N="214" REF="171"> mo&s;t beloved Son of the Church, and great Defender of the Papacy, not only in writing, but al&s;o in joining with and a&s;&s;i&s;ting the French King <HI>Francis</HI> the Fir&s;t, for freeing him from captivity, being a pri&s;oner under <HI>Charls.</HI> The Pope therefore de&s;ires the advantage of time, and proceeds &s;lowly towards a determination: The King as impatient in his de&s;ires, expects a &s;entence from the Pope; which not being to be had, he procures In&s;truments from the Univer&s;ities of <HI>Cambridge, Oxford,</HI> and <HI>Paris,</HI> together with the Opinion of Learned men, That the marriage with his Brothers wife, was contrary to the Law of God, and void. The King not expecting the Popes &s;entence, <HI>anno</HI> 1533. marries his beloved <HI>Anne,</HI> (but &s;uch love is u&s;ually too hot to hold, for about two years after he cut off her head:) yet the King did not wholly renounce the Papacy, but &s;till expecting the Popes &s;entence.</P>
<P>The Pope, for the rea&s;ons afore&s;aid, not de&s;iring to end the bu&s;ine&s;s, <NOTE PLACE="marg">The &s;low pro|ceedings of the Pope.</NOTE> but to expect advantage from time, reduces the matter into &s;everal points or heads, which he would have particularly di&s;puted; and at the time of the Kings marriage with <HI>Anne,</HI> was not got further then the article of <HI>At|tentates,</HI> in which the Pope gave &s;entence again&s;t the King, that it was not lawful for him to put away his wife by his own authority, without the Eccle|&s;ia&s;tical Judge. For which cau&s;e the King in the beginning of 1534. denied the Pope his obedience, commanding his Subjects not to pay any money to <HI>Rome,</HI> nor to pay the ordinary Peter-pence. This infinitely troubled the Court of <HI>Rome,</HI> and they daily con&s;ulted of a remedy: Some thought to proceed again&s;t the King with cen&s;ures, and to interdict all Chri&s;tian nations all commerce with <HI>England;</HI> But the moderate coun&s;el plea&s;ed be&s;t, to tempori&s;e with him, and to mediate a compo&s;ition by the French King. K. <HI>Francis</HI> accepted the charge, and &s;ent the Bi&s;hop of <HI>Paris</HI> to <HI>Rome,</HI> to negotiate a Pacification with the Pope; where they &s;till proceeded in the cau&s;e gently, and with re&s;olution not to come to cen&s;ures, if the Emperor did not proceed fir&s;t, or at the &s;ame time with his forces. They had divided the cau&s;e into twenty three articles, and then they handled whether Prince <HI>Arthur</HI> had had carnal conjunction with Queen <HI>Katherine;</HI> in this they &s;pent time till <HI>Midlent</HI> was pa&s;t, when the 19. of <HI>March</HI> news came, that a Libel was publi&s;hed in <HI>England</HI> again&s;t the Pope and the whole Court of <HI>Rome,</HI> and be&s;ides, a Comedy had been made in pre&s;ence of the King and Court, to the great di&s;grace and &s;hame of the Pope, and every Cardinal in parti|cular. For which cau&s;e all being inflamed with choler, ran headlong to give &s;entence; which was pronounced in the Con&s;i&s;tory the 24. of the &s;ame month, That the marriage between <HI>Henry</HI> and <HI>Katherine</HI> was good; that he was bound to take her to wife, and that in ca&s;e he did not, he &s;hould be excom|municated.</P>
<P>But the Pope was &s;oon di&s;plea&s;ed with this precipitation: For, &s;ix days <NOTE PLACE="marg">His ra&s;h cen|&s;ure repented of,</NOTE> after, the French Kings letters came, That the King was content to accept the &s;entence concerning <HI>Attentates,</HI> and to render obedience, upon condition that the Cardinals whom he mi&s;tru&s;ted, &s;hould not meddle in the bu&s;ine&s;s, and that per&s;ons not &s;u&s;pected &s;hould be &s;ent to <HI>Cambray</HI> to take informati|on; <NOTE PLACE="marg"><GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">and</NOTE> and the King had &s;ent his Proctors before, to a&s;&s;i&s;t in the Cau&s;e at <HI>Rome.</HI> Wherefore the Pope went about to devi&s;e &s;ome pretence to &s;u&s;pend the precipitate &s;entence, and again to &s;et the cau&s;e on its feet.</P>
<P>But the King, &s;o &s;oon as he had &s;een it, &s;aid. It was no matter; for the <NOTE PLACE="marg">Utterly lo&s;es the obedience of <HI>England.</HI></NOTE> Pope &s;hould be Bi&s;hop of <HI>Rome,</HI> and him&s;elf &s;ole Lord of his Kingdom:
<PB N="215" REF="171"> And that he would do according to the antient manner of the Ea&s;tern church, not leaving to be a good Chri&s;tian, nor &s;uffering the <HI>Lutheran</HI> Here&s;ie, or any other to be brought into his Kingdom.</P>
<P>From that time forward, <HI>Henry</HI> the Eighth, of a zealous A&s;&s;ertor of the <NOTE PLACE="marg">No anger lo&s;t between the King &amp; Pope.</NOTE> Papacy both by pen and pur&s;e, became the fir&s;t, and greate&s;t Oppo&s;er of it, of all the We&s;tern Chri&s;tian Princes; (for the Ea&s;tern Chri&s;tian Princes, except &s;ometimes the Emperors of <HI>Greece,</HI> and the Kings of Holy Land, did &s;eldom or never &s;ubmit to the Papacy in her Spirituals) yet did he afterwards &s;eed to be reconciled to the Pope, even by means of his Nephew <HI>Charls</HI> the Fifth. Nor were the Popes much behind hand with him: For be&s;ides <HI>Clement's</HI> petty Excommunication, <HI>Paul</HI> the Third, <HI>Anno</HI> 1538. thundred out &s;uch a terrible Excommunication again&s;t him, as the like was never heard of; which deprived him of his kingdom, and his adherents of what&s;oever they po&s;&s;e&s;&s;ed, commanding his Subjects to deny him obedi|ence, and Strangers to have no commerce in the kingdom; and all to take arms again&s;t, and per&s;ecute both him and his followers, granting them their &s;tates and goods for their prey, and their per&s;ons for &s;laves. But the Popes anger ended in words; whereas the Kings deeds took place again&s;t the Pope.</P>
<P>But what there was in all the Kings reign, which might be called Re|formation, <NOTE PLACE="marg">What was the Kings Re|formation.</NOTE> I do not under&s;tand: For, what&s;oever the King took from the Pope (except Peter-pence) he a&s;cribed to him&s;elf. If the Pope would be Head of the Catholique Church, the King would be Head of the Church of <HI>England:</HI> If the Pope challenged <HI>Annates</HI> and Fir&s;t-fruits of the Bi&s;hops and Clergy, the King would do no le&s;s: If the Pope did give Abbots and Priors power, being Eccle&s;ia&s;tical per&s;ons, to make divers Impropriations to their benefit, the King will take a power to take them all away, and convert them into Lay-fees, and incorporate them &s;o into particular mens e&s;tates, that they &s;hall never return to the Church more. Nor had he any love or de&s;ire of Reformation of the Church, but only to the Church-lands; for, all the Rites, Ceremonies, and Religion of the Church of <HI>Rome</HI> was continued, and that with &s;uch bloody cruelty, that a Stranger going over <HI>Smithfield</HI> one day, and &s;eeing two men there executed, one for denying the Kings Head&s;hip of the Church, and another for &s;ub&s;cribing to the Six Articles, cryed out, <HI>Bone Deus, quomodo hic agunt vivi! hic &s;u&s;penduntur Papi&s;tae, ibi comburuntur Antipapi&s;tae.</HI> And &s;o zealous did he continue herein, that Pope <HI>Paul</HI> the Third, after he had fulminated &s;o dreadfully again&s;t him, <NOTE PLACE="marg"><HI>Hi&s;t. Conc-Trid. fol.</HI> 90:</NOTE> propo&s;ed him for an Example to be imitated by <HI>Charls</HI> the Fifth.</P>
<P>Although &s;uch was the temper of this Prince, that he never &s;pared man <NOTE PLACE="marg">The exclu&s;ion of the Papai juri&s;diction, was an act of the King, Kingdom, and Church, of <HI>England.</HI></NOTE> in his rage, woman in his lu&s;t, nor any thing which might be called &s;acred in his avarice; yet &s;o ab&s;olute was he, that his Divorce was atte&s;ted by both the Univer&s;ities at home, be&s;ides that at <HI>Paris</HI> abroad; his freeing him&s;elf and the Nation from the juri&s;diction of the Pope, was not only a&s;&s;ented to by a Synod and Convocation of all the Clergy of <HI>England,</HI> but the Engli&s;h and Iri&s;h Nobility did make their &s;ubmi&s;&s;ions by an Indenture to Sir <HI>Anthony Sellinger,</HI> then&punc; chief Governor of <HI>Ireland,</HI> wherein they did acknowledge King <HI>Henry</HI> to be their lawful Soveraign, and confe&s;&s;ed the Kings Supremacy <NOTE PLACE="marg"><HI>Bram. Vind. of the Church of England, p.</HI> 43.</NOTE> in all cau&s;es, and utterly renounced the Pope. But Divorce, bani&s;hing the Papal authority, Di&s;&s;olution of Abbies, and all, were ea&s;ily pa&s;&s;ed and a&s;&s;ent|ed to in Parliament.</P>
<PB N="216" REF="172">
<P> But what&s;oever the King were otherwi&s;e, yet &s;ure the Popes pa&s;&s;ion <NOTE PLACE="marg">The Pope was more unju&s;t in his cen&s;ures then the King was in exclu|ding the Papal juri&s;diction.</NOTE> again&s;t him carried them to greater extravagancies and exorbitancies, then were on his part again&s;t them. For, &s;uppo&s;e that the Pope had <HI>de facto</HI> the Inve&s;titures of Bi&s;hops, Peter-pence, Annates and Fir&s;t-fruits paid them, and did exerci&s;e a juri&s;diction over all the Church and Clergy; yet no que&s;tion, all the&s;e things were by the grants and permi&s;&s;ion of precedent Kings; and if Kings may grant and permit the&s;e things, then what hinders but that they may recall them? for, <HI>Cujus e&s;t velle, ejus est nolle.</HI> Be&s;ides, we have already &s;hewed, that although there were not that bitter per&s;onal &s;pite between the Kings of <HI>England</HI> and and the Popes formerly, as was be|tween <HI>Henry</HI> 8. and <HI>Clement</HI> 7. and <HI>Paul</HI> 3. yet did many of them a&s;cribe as little to the Pope, as <HI>Henry</HI> did. But for a Pope to deprive a Chri&s;tian Prince of his kingdom, over whom he had no manner of right; his Adherents, of what&s;oever they po&s;&s;e&s;&s;ed; to command his Subjects to deny their obedi|ence to their Soveraign, and Strangers not to have any commerce in the kingdom; and all to take arms again&s;t him and his followers, granting them their e&s;tates and goods for a prey, and their per&s;ons for &s;laves, is &s;o unlike to the example and precept of S. <HI>Peter</HI> (whom they pretend to &s;ucceed) who not only &s;uffered death under Temporal power, but, in&s;pired by God, does command &s;o expre&s;ly obedience to Kings, not as &s;ubordinate to him|&s;elf, <NOTE PLACE="marg">1 Pet. 2. 13.</NOTE> but as &s;upreme: And of our Saviour him&s;elf, who both &s;uffered him&s;elf under Temporal power, and paid tribute to <HI>Cae&s;ar,</HI> and took not away, but fulfilled the Moral Law, which commands obedience to Princes and Higher powers, and who&s;e kingdom was not of this world; that &s;ure no Turk or Infidel was &s;o much an enemy to Chri&s;tians, or indeed rather to mankind, as to have de&s;ired it.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>The &s;tate of the Church, and of the Eccle&s;iastical Laws made by</HI> Edward <HI>the &s;ixth.</HI></HEAD>
<P>THe time of this Kings reign, being a Child, (and therefore woful) and of his Father, were perillous days: The Father in his Laws &s;carce ever took advice but from his pa&s;&s;ion, lu&s;t, or avarice; the Son (although a Prince of infinite hope and goodne&s;s, yet) wanting the authority and re|putation requi&s;ite in a Soveraign, was either not able to re&s;train, or el&s;e per|&s;waded it was beneficial, to give reins to a company of Sacrilegious Harpies, and Courtiers, to make a total prey not only upon all Colledges, Free-Chappels, Chantries, and all their Lands, except them of the Univer&s;ities and &s;ome few other, which by the Statute of 1 <HI>Ed.</HI> 6. <HI>cap.</HI> 14. were given to <NOTE PLACE="marg"><HI>Camb. pref. Eliz. Reg.</HI> &amp; <HI>Life of Ed.</HI> 6.</NOTE> the King upon &s;pecious pretences; but the Lands of the Bi&s;hops generally became a prey unto them. So much wor&s;e is it for every thing to be law|ful, then that any thing &s;hould be Law.</P>
<P>It was enacted, That if any man &s;pake irreverently or contemptuou&s;ly <NOTE PLACE="marg"><HI>An.</HI> 1. <HI>Ed.</HI> 6. <HI>c.</HI> 6.</NOTE> of the Sacrament of the Altar, he &s;hould be impri&s;oned and fined at the Kings will and plea&s;ure; and that Ju&s;tices of Peace might enquire of offend|ers: Yet &s;hould not the per&s;on offending be arraigned or tryed, unle&s;s the Bi&s;hop of the Dioce&s;e, or his Chancellor, or Deputy learned were required to be at the Quarter-Se&s;&s;ions; to which purpo&s;e a new Writ was made. <HI>Rex &amp;c. Epi&s;c. L. &s;alutem. Praecipimus tibi, quod tu, Cancellarius tuus, vel alius</HI>
<PB N="217" REF="172"> <HI>deputatus tuus &s;ufficienter eruditus, &s;itis cum Ju&s;ticiariis no&s;tris ad pacem in com. no&s;tro B. con&s;ervand. a&s;signat. apud D. tali die, ad &s;e&s;sionem no&s;tram, tunc &amp; ibidem tenend. ad dand. con&s;ilium &amp; advi&s;ament. ei&s;dem Ju&s;titiariis no&s;tris ad pacem, &s;uper arraiment &amp; deliberationem offendet: contra Formam &s;tatuti con|cernend. &s;acro&s;anctum Sacramentum Altaris.</HI> And by this Satute it was En|acted, that the Sacrament &s;hould be delivered to the people under both Kindes, <HI>viz.</HI> of Bread and Wine.</P>
<P>From thenceforth no <HI>Conge de&s;lier</HI> &s;hall be granted, nor any Election <NOTE PLACE="marg"><HI>An.</HI> 1 <HI>Ed.</HI> 6. <HI>Cap.</HI> 2.</NOTE> &s;hall be made of any Archbi&s;hop or Bi&s;hop, by the Dean and Chapter; but when any Archbi&s;hoprick or Bi&s;hoprick &s;hall be voided, the King by his Letters Patents may confer the &s;ame to any per&s;on whom he &s;hall think meet, &amp;c, All &s;ummons, citations, and other proces Eccle&s;ia&s;tical, &s;hall be made in the name, and with the &s;tile of the King, as in the Writs of the com|mon Law, and the te&s;t thereof &s;hall be in the name of the Archbi&s;hop, or Bi|&s;hop, &amp;c. All per&s;ons that have the exerci&s;e of Eccle&s;ia&s;tical Juri&s;diction, &s;hall have in their Seals of Office, the Kings Arms, with certain characters under them for the knowledge of their dioces; but the Archbi&s;hop of <HI>Can|terbury</HI> &s;hall u&s;e his own Seal, and his own name in all faculties and di&s;pen&s;a|tions.</P>
<P>A man &s;peaking again&s;t the Kings Head&s;hip of the Church, &s;hall, being <NOTE PLACE="marg"><HI>An.</HI> 1 <HI>Ed.</HI> 6. <HI>Cap.</HI> 12.</NOTE> thereof attaint or convict, forfeit all his Goods and Chattels to the King, and &s;uffer impri&s;onment during the Kings will and plea&s;ure for the fir&s;t of|fence: and for the &s;econd offence, forfeit to the King the whole i&s;&s;ues and profits of all his Lands, and all his Goods and Chattels, and &s;uffer per|petual impri&s;onment: and for the third offence, &s;hall be adjudged a Traytor, and &s;uffer death, and forfeit all his Goods and Chattels, Lands and Tene|ments, as in ca&s;es of High Trea&s;on. And it &s;hall be deemed Trea&s;on for any, by Printing, Writing, or Deed, to affirm the King not to be Head of the Church.</P>
<P>An Act for uniformity of Service, and admini&s;tration of Sacraments; be|ing <NOTE PLACE="marg"><HI>An.</HI> 2 &amp; 3 <HI>Ed.</HI> 6 <HI>Cap.</HI> 1.</NOTE> before divers, and different, <HI>viz.</HI> of <HI>Sarum,</HI> of <HI>York,</HI> of <HI>Bangor,</HI> and of <HI>Lincoln;</HI> and divers and &s;undry forms and fa&s;hions were u&s;ed in Cathedrals, and Pari&s;h-Churches of <HI>England</HI> and <HI>Wales,</HI> as well concerning Mattens, or Morning Prayer, and the Evening Song, as al&s;o concerning the holy Com|munion, commonly called the Ma&s;s, with divers and &s;undry rites and cere|monies concerning the &s;ame, and in the admini&s;tration of the Sacraments of the Church: The Statute does inflict upon every Par&s;on, Vicar, or other what&s;oever Mini&s;ter that ought or &s;hould &s;ay or &s;ing the &s;aid Common Pray|er, mentioned in the &s;aid Book, Entituled, the Book of Common Prayer, and Admini&s;tration of the Sacraments, and other rites and ceremonies of the Church, after the u&s;e of the Church of <HI>England,</HI> and &s;hall refu&s;e it, or u&s;e any other form, or &s;hall Preach, Declare, or &s;peak any thing in derogation of the &s;aid Book, or any thing contained therein, and be thereof lawfully convict by a Jury of twelve men, or by confe&s;&s;ion, &s;hall forfeit to the King for the fir&s;t offence, the profit of all his Spiritual benefices and promotions ari&s;ing in a whole year, and &s;uffet impri&s;onment for &s;ix moneths, without bail or mainprize. And for the &s;econd offence, &s;hall &s;uffer a years impri&s;onment, and be deprived of all his &s;piritual promotions; and for the third offence, &s;hall &s;uf|fer impri&s;onment during life. It was Enacted that the Ju&s;tices of <HI>Oyer</HI> and <HI>Terminer,</HI> and Ju&s;tices of A&s;&s;ize, &s;hould have power and authority in the open
<PB N="218" REF="173"> and general Se&s;&s;ions, to hear and determin the offences committed again&s;t this Act; yet &s;o that every Archbi&s;hop, and Bi&s;hop had liberty to joyn and a&s;&s;ociate him&s;elf to the &s;aid Ju&s;tices of <HI>Oyer</HI> and <HI>Terminer,</HI> or to the Ju&s;tices of A&s;&s;ize.</P>
<P>All books called <HI>Antiphoners, Mi&s;&s;als, Grails, Portua&s;&s;es, Primers</HI> in <HI>Latine</HI> <NOTE PLACE="marg"><HI>An.</HI> 3. &amp; 4. <HI>Ed.</HI> 6. <HI>Cap.</HI> 10.</NOTE> or in <HI>Engli&s;h,</HI> and other books u&s;ed for &s;ervice in the Church (&s;aving &s;uch as are &s;et forth by the Kings Authority) &s;hall be clearly aboli&s;hed. All Images, graven, painted, or carved, taken out of any Church or Chappel, and the a|fore&s;aid books &s;hall be defaced, or openly burnt.</P>
<P>Such form and manner of making and con&s;ecrating of Archbi&s;hops, and <NOTE PLACE="marg"><HI>Anno</HI> 3 &amp; 4. <HI>Ed.</HI> 6. <HI>Cap.</HI> 12.</NOTE> Bi&s;hops, Prie&s;ts and Deacons, and other Mini&s;ters of the Church, as by &s;ix Prelates, and &s;ix other men of this Realm, learned in the Law of God, by the King to be appointed and a&s;&s;igned, or by mo&s;t of the number of them &s;hall be devi&s;ed for that purpo&s;e, and &s;et forth under the Great Seal before the fir&s;t of <HI>April</HI> next coming, &s;hall be lawfully exerci&s;ed and u&s;ed, and none other.</P>
<P>An Act for uniformity of Prayer, and admini&s;tration of the Sacraments <NOTE PLACE="marg"><HI>An.</HI> 5. &amp; 6. <HI>Ed.</HI> 6. <HI>Cap.</HI> 1.</NOTE> in the Engli&s;h Tongue; and that every per&s;on upon every Sunday and Holi|day (having no lawful cau&s;e to be ab&s;ent) do re&s;ort to his Pari&s;h-Church; and they which refu&s;e, are to be puni&s;hed by the cen&s;ure of the Church: and that all per&s;ons who &s;hall be at any other common prayer or Sacraments, &s;hall for the fir&s;t offence, &s;uffer Impri&s;onment for &s;ix moneths, without bail or main|pri&s;e, for the &s;econd Impri&s;onment during a whole year, and for the third Impri&s;onment during life.</P>
<P>All the Sundays of the year, the Fea&s;t of our Lord Je&s;us, his Circumci|&s;ion, of the Epiphany, of the Purification of the ble&s;&s;ed Virgin, of St. <HI>Mat|thew</HI> <NOTE PLACE="marg"><HI>An.</HI> 5. &amp; 6. <HI>Ed.</HI> 6. <HI>Cap.</HI> 2.</NOTE> the Apo&s;tle, of the Annunciation of the ble&s;&s;ed Virgin, of St. <HI>Mark</HI> the Evangeli&s;t, of St. <HI>Philip</HI> and <HI>Jacob</HI> the Apo&s;tles, of the A&s;cen&s;ion of our Lord Je&s;us Chri&s;t, of the Nativity of St. <HI>John</HI> the Bapti&s;t, of St. <HI>Peter</HI> the Apo&s;tle, of St. <HI>James</HI> the Apo&s;tle, of St. <HI>Barthelomew</HI> the Apo&s;tle, of St. <HI>Mat|thew</HI> the Apo&s;tle, of St. <HI>Michael</HI> the Archangel, of St. <HI>Luke</HI> the Evangeli&s;t, of St. <HI>Simon</HI> and <HI>Jude</HI> the Apo&s;tles, of All Saints, of St. <HI>Andrew</HI> the Apo|&s;tle, of St. <HI>Thomas</HI> the Apo&s;tle, of the Nativity of our Lord, of St. <HI>Stephen</HI> the Martyr, of St. <HI>John</HI> the Evangeli&s;t, of the holy Innocents, Munday and Tue&s;day in <HI>Ea&s;ter-</HI>week, Munday and Tue&s;day in <HI>Whit&s;on-</HI>week, are to be ob&s;erved and kept for Holy days, and none other.</P>
<P>And that every even, or day next going before any of the afore&s;aid days of the Fea&s;ts, of the Nativity of our Lord, of <HI>Ea&s;ter,</HI> of the A&s;cen&s;ion of our Lord, <HI>Penteco&s;t,</HI> of the Purification, of the Annunciation of the ble&s;&s;ed Vir|gin, of all Saints, and of all the Fea&s;ts of the Apo&s;tles (other then the Fea&s;ts of St. <HI>John</HI> the Evangeli&s;t, and <HI>Philip</HI> and <HI>Jacob)</HI> &s;hall be kept for fa&s;ting days, and none other. Archbi&s;hops, Bi&s;hops in their Dioces, and all other, ha|ving Eccle&s;ia&s;tical or Spiritual Juri&s;diction, may enquire of every per&s;on of|fending in the premi&s;es, and puni&s;h every offender by cen&s;ures of the Church, and enjoyn him &s;uch penance as by the &s;piritual Judge &s;hall be thought meet.</P>
<P>This Statute does not abrogate ab&s;tinence from fle&s;h in Lent, and Fri|days and Saturdays, or any day appointed to be kept by vertue of an Act made the &s;econd and third <HI>Ed.</HI> 6. <HI>Cap.</HI> 19.</P>
<P>When any Holy day happens on the Munday, the fa&s;t of that day &s;hall be kept upon the Saturday immediately before, and not upon the Sunday.</P>
<DIV2 TYPE="section">
<PB N="219" REF="173">
<HEAD><HI>A view of the Reformation of</HI> Ed. 6. <HI>and of the lawfulne&s;s of it.</HI></HEAD>
<P>That the Book of commom Prayer, Admini&s;tration of the Sacraments, <NOTE PLACE="marg">The Refor|mation made by <HI>Ed.</HI> 6. was not meerly a civil &s;anction.</NOTE> and other rites and ceremonies of the Church, after the u&s;e of the Church of <HI>England,</HI> was framed and compo&s;ed by the Archbi&s;hop of <HI>Canterbury,</HI> and certain of the mo&s;t learned and di&s;creet Bi&s;hops of the Land, a&s;&s;embled to that purpo&s;e by the King, is clearly expre&s;&s;ed in the Preface to the Act of the 2. &amp; 3. <HI>Ed.</HI> 6. <HI>Cap.</HI> 1.</P>
<P>The right that Chri&s;tian Kings have to call and a&s;&s;emble Synods, <NOTE PLACE="marg">It is no new thing for Kings to a&s;|&s;emble the Bi&s;hops and Church to re|dre&s;s and re|form errors.</NOTE> Councels and Convocations, for the redre&s;s and reformation of errors and corruptions in the Church, is properly the &s;ubject of another Treati&s;e; but that the Kings and &s;upream Powers before Chri&s;tianity under the old Law, from <HI>Mo&s;es</HI> to <HI>Maccabees,</HI> did always u&s;e it; and that the fir&s;t great <HI>Nicene</HI> Councel, the &s;econd general Councel at <HI>Con&s;tantinople,</HI> the third at <HI>Ephe&s;us,</HI> the fourth at <HI>Calcedon,</HI> the fifth at <HI>Con&s;tantinople,</HI> the &s;ixth at <HI>Con&s;tantinople,</HI> the &s;eventh at <HI>Ephe&s;us,</HI> were all called by Chri&s;tian Emperors, is manife&s;ted by the Bi&s;hop of <HI>Winche&s;ter, Andrews,</HI> in the Sermon of the Right and Power of calling A&s;&s;emblies; nor were the general Councels convoked by Empe|rors; but the Emperors and Kings did convoke, and a&s;&s;emble Provincial and National A&s;&s;emblies and Synods: He &s;hews that the Bi&s;hop of <HI>Syracu&s;e</HI> in <HI>Sicily,</HI> and <HI>Re&s;titutus</HI> Bi&s;hop of <HI>London</HI> in <HI>Britain,</HI> were &s;ummoned to a Sy|nod in <HI>France,</HI> by the Emperor <HI>Con&s;tantine'</HI> Writ onely; this was in the be|ginning of his Reign; in the latter end of it; in the thirtieth year of his Reign; and the year before his death, he called the Councel at <HI>Tyre,</HI> and from thence removed it to <HI>Jeru&s;alem,</HI> and from thence called them to appear before him&s;elf at <HI>Con&s;tantinople.</HI> After him <HI>Con&s;tans</HI> called one at <HI>Sardis, Va|lentinian</HI> at <HI>Lamp&s;acus, Theodo&s;ius</HI> at <HI>Aquileia, Gratian</HI> at <HI>The&s;&s;alonica,</HI> Nay, when the Emperors were profe&s;&s;ed <HI>Arrians,</HI> even then did the Bi&s;hops ac|knowledge their power to call Councels; came to them being called, &s;ued to them that they might be called; came to them as <HI>Ho&s;ius</HI> to that of <HI>Arimine; Liberius</HI> to that of <HI>Sirmium,</HI> and that of <HI>Seleucia,</HI> &s;ued for them as <HI>Liberius</HI> to <HI>Con&s;tantius:</HI> as <HI>Leo</HI> to <HI>Theodo&s;ius,</HI> for the &s;econd <HI>Ephe&s;ine</HI> Councel; <HI>Innocentius</HI> to <HI>Arcadius:</HI> and &s;ometime they &s;ped as <HI>Leo;</HI> and &s;ometime not as <HI>Liberius,</HI> and <HI>Innocentius,</HI> and yet when they &s;ped not, they held them|&s;elves quiet, and never pre&s;umed to draw them&s;elves together of their own heads.</P>
<P>After the Empire fell in pieces, and the We&s;tern Empire fell into the hands of Kings; in <HI>Italy, Theodoric</HI> called one at <HI>Rome; Alaric</HI> at <HI>Agatha:</HI> In <HI>France, Clowis</HI> (the fir&s;t Chri&s;tian King there) called one at <HI>Orleans; Childe|bert</HI> at <HI>Auvern, Theodebert</HI> called another at <HI>Orleans;</HI> and <HI>Cherebert</HI> at <HI>Toures:</HI> And after them, <HI>Gunthramn, Clowis, Carloman</HI> and <HI>Pepin;</HI> at <HI>Ma&s;&s;con</HI> fir&s;t and &s;econd; at <HI>Chalons:</HI> That which is called <HI>Francia,</HI> and that which is in <HI>Vernis.</HI> Twenty of them at lea&s;t in <HI>France.</HI></P>
<P>In <HI>Spain</HI> by ten &s;everal Kings, in two Councels at <HI>Braccara,</HI> and in ten at <HI>Tolledo,</HI> by the &s;pace of three hundred years together. And how? under what terms? Peru&s;e the Councel them&s;elves, their very acts &s;pake, <HI>Ex praecepto, Imperio, Ju&s;&s;u, Sanctione, Nutu, Decreto, Ex evocatione, Di&s;po&s;itione Regis:</HI> One &s;aith, <HI>Pote&s;tas permi&s;&s;a est nobis;</HI> another, <HI>facultas data est nobis:</HI> a third, <HI>Injunctu e&s;t nobis &aacute; rege:</HI> and this for about eight hundred years after Chri&s;t.</P>
<PB N="220" REF="174">
<P> Then aro&s;e another Empire here in the We&s;t under <HI>Charls</HI> the Great; and he called &s;ix &s;everal Councils, at <HI>Frankfort, Arles, Tours, Chalons, Mentz,</HI> and <HI>Rhemes.</HI> And what &s;ays he in them? In that at <HI>Rhemes: In conventu mere pri&s;corum Imperatorum congregato &agrave; pii&s;simo Domino no&s;tro Carolo;</HI> That he called that Convention by no other right, then as the manner of the antient Emperors had been to do.</P>
<P>After him, <HI>Ludovicus Pius, Lotharius, Ludovicus Balbus, Carolus Calvus, Carolus Cra&s;&s;us,</HI> and <HI>Arnulphus,</HI> at the &s;everal Councils of <HI>Aken, Mentz, Melden, Wormes, Colen,</HI> and <HI>Tribur;</HI> and &s;o held it nine hundred years after Chri&s;t; for about that year (a year or two over or under) was holden the Council at <HI>Tribur</HI> in <HI>Germany,</HI> by the Emperors decree, and him&s;elf Pre&s;i|dent in it. Nor are the Kings of <HI>England</HI> le&s;s ab&s;olute, then either Empe|rors, Kings of <HI>Spain</HI> or <HI>France.</HI> And &s;ee B. <HI>Bramhalls Ju&s;t Vindication of the Church of England, cap.</HI> 7. how the Emperors, Kings of <HI>France, Spain</HI> and <HI>Portugal,</HI> have by their own authority convened National and Provincial Councils, which have not only determined without the Papal authority, but very often in contradiction to it. Nor are either the Engli&s;h or Briti&s;h Churches, or ever were, le&s;s free then the Gallicane, the liberties whereof in the Chapter afore&s;aid are &s;et down, <HI>viz.</HI></P>
<P N="1">1. The Pope cannot command or ordain any thing directly or indi|rectly concerning any Temporal affairs, within the Dominions of the King of <HI>France.</HI></P>
<P N="2">2. The Spiritual authority and power of the Pope, is not ab&s;olute in <NOTE PLACE="marg">The privi|ledges of the Gallican Church.</NOTE> <HI>France,</HI> but limited and re&s;trained to the canons and rules of the antient Councils of the Church, and received in that Kingdom.</P>
<P N="3">3. No command what&s;oever of the Pope can free the French Clergy from their obligation to obey the commands of their Soveraign.</P>
<P N="4">4. The mo&s;t Chri&s;tian King hath had power at all times, according to the occurrence and exigence of affairs, to a&s;&s;emble or cau&s;e to be a&s;&s;embled Synods Provincial or National, and therein to treat not only of &s;uch things as concern the con&s;ervation of the Civil e&s;tate, but al&s;o of &s;uch things as concern Eccle&s;ia&s;tical order and di&s;cipline in his own dominions; and therein to make Rules, Chapters, Laws, Ordinances, and Pragmatique Sanctions in his own name, and by his own authority. Many of which have been re|ceived among the Decrees of the Catholique Church, and &s;ome of them approved by General Councils.</P>
<P N="5">5. The Pope cannot &s;end a Legate <HI>&agrave; latere</HI> into <HI>France,</HI> with power to reform, judge, collate, di&s;pence, or do &s;uch things accu&s;tomed to be &s;pecified in the autoritative Bull of his Legation, except it be upon the de&s;ire, or with the approbation of the mo&s;t Chri&s;tian King. Neither can the &s;aid Legate execute his charge, until he hath promi&s;ed to the King in writing, under his oath upon his holy Orders, not to make u&s;e of his Legantine power in the Kings dominions, longer then it &s;hall plea&s;e the King; and that &s;o &s;oon as he &s;hall be admoni&s;hed of the Kings plea&s;ure to forbid it, he &s;hall give it over: And that whil&s;t he doth u&s;e it, &s;hall be exerci&s;ed conformable to the Kings will, without attempting any thing to the prejudice of the Decrees of General Councils, or the Liberties and Priviledges of the Gallicane Church, and the Univer&s;ities of <HI>France.</HI></P>
<P N="6">6. The Commi&s;&s;ions and Bulls of the Popes Legate are to be &s;een, examined and approved by the Court of Parliament, and to be regi&s;tred
<PB N="221" REF="174"> and publi&s;hed with &s;uch cautions and modifications, as that Court &s;hall judge expedient for the good of the Kingdom, and to be executed accord|ing to the &s;aid cautions, and not otherwi&s;e.</P>
<P N="7">7. The Prelates of the French Church (although commanded by the Pope) for what cau&s;e &s;oever it be, may not depart out of the Kingdom, without the Kings commandment or licence.</P>
<P N="8">8. The Pope cannot by him&s;elf, or his delegates, judge any thing which concerns the &s;tate, preheminence or priviledges of the Crown of <HI>France,</HI> nor any thing pertaining to it; nor can there be any que&s;tion or proce&s;s about the &s;tate or preten&s;ions of the King, but in his Courts.</P>
<P N="9">9. Papal Bulls, Citations, Excommunications, &amp;c. are not to be exe|cuted in <HI>France,</HI> without the Kings command or permi&s;&s;ion; and after per|mi&s;&s;ion, only by the authority of the King, and not by authority of the Pope, to &s;hun mixture and confu&s;ion of Juri&s;dictions.</P>
<P N="10">10. Neither the King nor his Realm, nor his Officers, can be excom|municated or interdicted by the Pope, nor his Subjects ab&s;olved from their Oath of Allegiance.</P>
<P N="11">11. The Pope cannot impo&s;e Pen&s;ions in <HI>France</HI> upon any Benefices having cure of &s;ouls, nor upon any others, but according to the canons, according to the expre&s;s condition of re&s;ignation, or <HI>ad redimendum ve|xationem.</HI></P>
<P N="12">12. All Bulls and Mi&s;&s;ives, which come from <HI>Rome</HI> to <HI>France,</HI> are to be &s;een and vi&s;ited, to try if there be nothing in them prejudicial in any manner to the e&s;tate and liberties of the Church of <HI>France,</HI> or to the Royal authority.</P>
<P N="13">13. It is lawful to appeal from the Pope to a future Council.</P>
<P N="14">14. Ecclefia&s;tical per&s;ons may be convented, judged and &s;entenced be|fore a Secular Judge, for the fir&s;t grievous or enormous crime, or for le&s;&s;er offences after a Relap&s;e, which renders them incorrigible in the eye of the Law.</P>
<P N="15">15. All places of <HI>France</HI> are obliged to &s;wear fealty to the King, and to receive from him inve&s;titures for their fees and manors.</P>
<P N="16">16. The Courts of Parliament, in ca&s;e of Appeals as from abu&s;e, have right and power to declare null, void, and to revoke the Popes Bull and Ex|communications, and to forbid the execution of them, when they are found contrary to Sacred Decrees, the liberty of the French Church, or the Prerogative Royal.</P>
<P N="17">17. General Councils are above the Pope, and may depo&s;e him and put another in his place, and take cogni&s;ance of Appeals from the Pope.</P>
<P N="18">18. All Bi&s;hops have their power immediately from Chri&s;t, not from the Pope, and are equally &s;ucce&s;&s;ors of <HI>S. Peter</HI> and of the other Apo&s;tles, and Vicars of Chri&s;t.</P>
<P N="19">19. Provi&s;ions, Re&s;ervations, Expective graces, &amp;c. have no place in <HI>France.</HI></P>
<P N="20">20. The Pope cannot exempt any Church, Mona&s;tery, or Eccle&s;ia&s;tical body from the juri&s;diction of the Ordinary, nor erect Bi&s;hopricks into Arch|bi&s;hopricks, nor unite them, nor divide them without the Kings licence.</P>
<P N="21">21. All tho&s;e are not Hereticks, excommunicated, or damned, who differ in &s;ome things from the doctrine of the Pope, who appeal from his decrees, and hinder the execution of the ordinances of him or his Legates.</P>
<PB N="222" REF="175">
<P> Although the Se&s;e&s;&s;ion of the Church, King, and Kingdom of <HI>England,</HI> <NOTE PLACE="marg">The reforma|tion of King 1 <HI>d.</HI> was not Schi&s;matical.</NOTE> from the Papacy, were an Act of Schi&s;m; yet being done in the Reign of <HI>H.</HI> 8. one of the greate&s;t favorers of the Papacy that ever was King of <HI>England,</HI> and to his death, as great an a&s;&s;ertor of the Rites, Ceremonies, and Religion of it, and in &s;uch a &s;tate independent from the Church of <HI>Rome,</HI> was the Church and Kingdom at the time of <HI>Edwards</HI> Reformation; what&s;oever therefore his Reformation was, yet could it not be Schi&s;matical.</P>
<P>Whatever the Romani&s;ts pretend to unity and peace in their Church, yet <NOTE PLACE="marg">The rites and ceremonies of <HI>Edwards</HI> re|formation, were more uniform then before.</NOTE> it is mo&s;t manife&s;t, that in the Realm of <HI>England,</HI> and Dominion of <HI>Wales,</HI> in &s;everal places were u&s;ed divers forms of Prayer, commonly called the Ser|vice of the Church, <HI>viz.</HI> that of <HI>Sarum,</HI> of <HI>York,</HI> of <HI>Bangor</HI> and <HI>Lincoln;</HI> but al&s;o of late, divers and &s;undry forms and fa&s;hions were u&s;ed in the Cathedral, and Pari&s;hes Church of <HI>England</HI> and <HI>Wales,</HI> as well concerning the mattens, or morning prayer, and evening &s;ong, as al&s;o concerning the holy Commu|nion, commonly called the Ma&s;s, with divers and &s;undry rites and ceremo|nies concerning the &s;ame, and in the admini&s;tration of other Sacraments of <NOTE PLACE="marg">See preamble to the Statute of 2 &amp; 3. <HI>Ed.</HI> 6. <HI>Cap.</HI> 1. That the Scri|ptures, Lords Prayer, and Creed, &s;hould be read in the Engli&s;h tongue, is no new thing in <HI>England.</HI></NOTE> the Church, whereas the &s;ervice enjoyned in the Reign of <HI>Ed.</HI> 6 was uniform in all places of <HI>England</HI> and <HI>Wales,</HI> as well in Pari&s;h Churches as Cathedrals.</P>
<P>In the Reign of King <HI>Ethelbald,</HI> in the year of our Saviors incarnation 748. in a convocation held in the Prouince of <HI>Canterbury, Cuthbert,</HI> the Arch|bi&s;hop of his Clergy did Enact, that the &s;acred Scriptures &s;hould be read in their mona&s;teries, the Lords Prayer and Creed, taught in the Engli&s;h tongue. <HI>Speed</HI> in the Reign of <HI>Ethelbald, para.</HI> 4. <HI>page</HI> 343. and how much it was a|gain&s;t the Word of God, and the cu&s;tom of the ancient Church, to u&s;e a tongue unknown to the people, in common prayer, and admini&s;tration of Sa|craments, &s;ee the conference at <HI>We&s;tmin&s;ter, an primo Eliz.</HI> which were ne|ver yet an&s;wered, that I know of.</P>
<P>If any thing Heretical had been contained in the common Prayer, admi|ni&s;tration <NOTE PLACE="marg"><HI>Edwards</HI> re|formation was not Heretical.</NOTE> of Sacraments, &amp;c. made in the Reign of <HI>Ed.</HI> 6. it would have been &s;ufficiently &s;hot at, having &s;o many adver&s;aries at home and abroad; but no &s;uch crime was ever (that I ever heard of) imputed to it; if there be, let the adver&s;aries of it yet &s;hew it, <HI>&amp; affirmanti incumbit probatio.</HI></P>
<P>If then not onely the Kings and &s;upreme powers always under the old Co|venant, <NOTE PLACE="marg">King <HI>Edwards</HI> Reformation was warrant-able, material|ly and formal|ly.</NOTE> had this right of invoking the high Prie&s;t, and other Prie&s;ts; and if God always puni&s;hed the Kings of <HI>Judah</HI> and <HI>I&s;rael</HI> for &s;uffering the people to commit Idolatry; and if God him&s;elf &s;o often commends the zeal and reformation of <HI>Jeho&s;haphat, Hezekiah, A&s;a, Jo&s;iah,</HI> &amp;c. and if ever &s;ince Chri|&s;tianity, the Bi&s;hops by that Divine Canon to <HI>Timothy,</HI> have always had in <NOTE PLACE="marg">1 <HI>Tim. cap</HI> 2.</NOTE> their particular Churches, right of compo&s;ing publick Liturgies, and in na|tional Synods, a right of compo&s;ing publick and national Liturgies: And the Liturgy of <HI>Edward</HI> being compo&s;ed, and received by the Bi&s;hops of the Church of <HI>England,</HI> to that end convened and a&s;&s;embly by the King; this Li|turgy being neither &s;chi&s;mattical, nor containing any thing heretical, is both for matter and form, warrantable.</P>
<P><LABEL>Object.</LABEL> If the Sacriledge and extention of the civil Juri&s;diction in giving the ci|vil Magi&s;trate licence to take cognizance of the publique Liturgy, and ad|mini&s;tration of the Sacraments be objected:</P>
<P>The an&s;wer is ea&s;ie, Let the Courtiers and Parliament an&s;wer for it; the Church was patient, not agent in them.</P>
<P>The Church of <HI>Rome</HI> having robbed the poor laity of one half of the in&s;ti|tution
<PB N="223" REF="175"> of the Sacrament of the Lords Supper, and kept the people in &s;uch <NOTE PLACE="marg">The King and Church had great rea&s;on to make Re|formation in Religion.</NOTE> &s;tupid ignorance, that in the publick wor&s;hip and &s;ervice of God, they &s;hould neither u&s;e their rea&s;on nor under&s;tanding, by impo&s;ing it upon them in an un|known tongue; as if in the publick wor&s;hip and &s;ervice of God, he were not to be &s;erved by intellectual and rational creatures, and had filled the Ma&s;s with more prayers to the Virgin <HI>Mary</HI> and Saints: (which could no ways relieve them, and &s;o at be&s;t &s;uper fluous and vain) there was great rea&s;on in the King and Church, to a make a reformation of the Religion and publick Wor&s;hip and Service of God.</P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of Queen</HI> Maries <HI>Eccle&s;ia&s;tical Laws.</HI></HEAD>
<P>Although King <HI>Ed.</HI> were a Prince of tran&s;cendent Vertue and Learn|ing far above his years, yet doubtle&s;s his youth was not onely much abu&s;ed in his Reign, where a man might have &s;een all the woes pronounced by God, upon that Nation, where the King is a childe, or where a company of men in Parliament arrogate to them&s;elves the Politick capacity of a King, ab&s;tract|ed from his per&s;on; but al&s;o at his very death (cau&s;ed, not without &s;u&s;picion of poy&s;on,) was he deluded upon &s;pecious pretences by his whole Coun|cel, but principally by the Duke of <HI>Northumberland</HI> (to make way for the Lady <HI>Jane Gray,</HI> in the time of his &s;ickne&s;s married to his fourth &s;on <HI>Guil|ford Dudley)</HI> to declare the &s;aid Lady <HI>Jane</HI> the rightful heir and &s;ucce&s;&s;or to the Engli&s;h Monarchy, to the manife&s;t wrong and injury, not onely of Queen <HI>Mary,</HI> and <HI>Elizabeth,</HI> afterward Queens of <HI>England,</HI> but al&s;o of <HI>Mary</HI> Queen of <HI>Scots,</HI> heir to <HI>Margaret</HI> the elde&s;t daughter of <HI>Henry</HI> the &s;eventh; whereas the Lady <HI>Janes</HI> Title was de&s;cended from <HI>Mary</HI> the younger daughter of <HI>H.</HI> 7. yet it &s;o plea&s;ed God, that this unju&s;t Will, &s;hould onely bring de&s;tru|ction both to the Lady <HI>Jane</HI> and her husband: whereas the Ladies, <HI>Mary</HI> and <HI>Elizabeth,</HI> and the Po&s;terity of <HI>Mary</HI> Queen of <HI>Scots,</HI> did all &s;ucceed and en|joy the po&s;&s;e&s;&s;ion of the <HI>Engli&s;h</HI> Diadem, of which they were debarred by this Will of King <HI>Edward.</HI> That the Title of Head of the Church was con|tinued by Queen <HI>Mary,</HI> appears by the Parliament begun and holden at <HI>We&s;t|min&s;ter</HI> the fifth of <HI>October,</HI> in the fir&s;t year of her Reign, in the fir&s;t and &s;e|cond &s;e&s;&s;ion of it, where &s;he is &s;tiled, our Gracious Soveraign Lady, <HI>Mary</HI> by the Grace of God, Queen of <HI>England, France</HI> and <HI>Ireland,</HI> Defender of the Faith, and in Earth Supreme Head of the Church of <HI>England</HI> and <HI>Ireland;</HI> but in the &s;econd Parliament of her Reign, being holden at <HI>We&s;tmin&s;ter,</HI> the &s;e|cond of <HI>April,</HI> the fir&s;t year of her Reign, the Title of Supreme Head of the Church of <HI>England</HI> and <HI>Ireland,</HI> is not mentioned.</P>
<P>Declares Queen <HI>Mary</HI> to be born in lawful Matrimony, and all &s;entences <NOTE PLACE="marg"><HI>Stat. An. Pri. Cap.</HI> 1. <HI>&s;e&s;s.</HI> 2. <HI>Mariae.</HI></NOTE> of divorce to the contrary repealed; particularly the &s;entence of <HI>Thomas Cranmer</HI> Archbi&s;hop of <HI>Canterbury,</HI> touching the Kings marriage with Queen <HI>Katherine,</HI> and the two Acts of Parliament of the 25 <HI>H.</HI> 8. 22. &amp; 28 <HI>H.</HI> 8. 7. confirming the &s;ame.</P>
<P>A Repeal of the Statute of 1 <HI>Ed.</HI> 6. 2. made again&s;t &s;uch as &s;peak unre|verently <NOTE PLACE="marg"><HI>St. An. Pri. Ma. &s;e&s;s.</HI> 2. <HI>Cap.</HI> 2.</NOTE> of the body and blood of Chri&s;t, and of the Statute of 1 <HI>Ed.</HI> 6. 2. touching Election of Bi&s;hops, and the 2 <HI>Ed.</HI> 6. 1. concerning the uniformity of &s;ervice, and admini&s;tration of the Sacraments: and of 2 <HI>Ed.</HI> 6. 21. made to take away all po&s;itive Laws, ordained again&s;t the marriage of Prie&s;ts. and of the 3 <HI>Ed.</HI> 6. 10. made for the aboli&s;hing of divers books and Images; and of the 3 <HI>Ed.</HI> 6. 12. made for the ordering of Eccle&s;ia&s;tical Mini&s;ters: and of the 5 <HI>Ed.</HI> 6. 1. made for the uniformity of common Prayer, and Admini|&s;tration
<PB N="224" REF="176"> of Sacraments: and of the 5 <HI>Ed.</HI> 6. 3. made for the keeping of Holy days, and Fa&s;ting days: and of the 5 <HI>Ed.</HI> 6. 12. touching the Marriage of Prie&s;ts, and legitimation of their children. All &s;uch divine &s;ervice, and ad|mini&s;tration of Sacraments, as were mo&s;t commonly u&s;ed in <HI>England</HI> in the la&s;t year of <HI>H.</HI> 8. &s;hall be u&s;ed through the Realm, after the 20 day of <HI>De|cember Anno Dom.</HI> 1553. and no other kinde of &s;ervice, nor admini&s;tration of Sacraments.</P>
<P>It is Enacted, That if any per&s;on or per&s;ons, of their own power and au|thority, after the 20. of <HI>December,</HI> &s;hall willingly, and of purpo&s;e, by open or <NOTE PLACE="marg"><HI>St. An.</HI> 1 <HI>Mariae Se&s;s.</HI> 2. <HI>Cap.</HI> 3.</NOTE> overt word, fact, &amp;c. maliciou&s;ly or contemptuou&s;ly neglect, vex, or di|&s;turb, &amp;c. any Preacher or Preachers licen&s;ed, allowed or authorized to Preach by the Queens Highne&s;s, or by any Archbi&s;hop, or Bi&s;hop of this Realm, or by any other lawful Ordinary, or by either of the Univer&s;ities of <HI>Oxford</HI> or <HI>Cambridge,</HI> or otherwi&s;e lawfully authorized by rea&s;on of his Cure or Benefice, &amp;c. in any open Sermon, Preaching or Collation, in any Church, Chappel, or Churchyard, &amp;c.</P>
<P>Or if any per&s;on &s;hall wilfully di&s;turb, &amp;c. any Par&s;on, Vicar, Pari&s;h-Prie&s;t, Curat, or other lawful Prie&s;t, &s;aying or celebrating the Ma&s;s, or other divine &s;ervice, &s;acraments, or &s;acramentals, as was commonly frequented and u&s;ed in the la&s;t year of <HI>H.</HI> 8. or afterward &s;hould be allowed and &s;et forth, or authorized by the Queen.</P>
<P>Or if any per&s;on &s;hall contemptuou&s;ly, unlawfully, or maliciou&s;ly deface, &s;poil, abu&s;e, or unreverently handle or order the mo&s;t ble&s;&s;ed, comfortable and holy &s;acrament of the body and blood of our Lord and Saviour Je&s;us Chri&s;t, commonly called the Sacrament of the Altar, being in any Church, Chappel, or other decent place, or the Piece, or Canapy wherein the &s;ame Sacrament is, or &s;hall be, or pull down, deface, &s;poil, or otherwi&s;e break any Altar or Altars, or any Crucifix, or Cro&s;s in any Church, Chappel, or Churchyard, That then every &s;uch offender, his ayders and abettors, &s;hall be apprehended, <HI>&amp;c.</HI> by the Con&s;table or Churchwarden of the place where|in the &s;aid offences &s;hall be committed.</P>
<P>Which per&s;ons &s;o apprehended, &amp;c, with convenient &s;peed &s;hall be brought, and carried to any Ju&s;tice of Peace within the &s;aid Shire, &amp;c. where the &s;aid offence &s;hall be committed, and the &s;aid Ju&s;tice of Peace upon due accu&s;ation, &s;hall forthwith commit the &s;aid per&s;on or per&s;ons, to &s;afe cu&s;to|dy, as by the di&s;cretion of the &s;aid Ju&s;tice &s;hall be thought meet, and within &s;ix days next after &s;uch accu&s;ation, the &s;aid Ju&s;tice, with other Ju&s;tices of Peace in the &s;aid Shire, City, &amp;c. &s;hall diligently examine the acts and offen|ces afore&s;aid.</P>
<P>And if two of the &s;aid Ju&s;tices of Peace &s;hall upon examination, finde the per&s;on or per&s;ons &s;o accu&s;ed, guilty of any of the &s;aid offences, by two &s;uffi|cient witne&s;&s;es, or by confe&s;&s;ion, the &s;aid Ju&s;tices of Peace &s;hall commit the per&s;on or per&s;ons &s;o accu&s;ed, to the Gaol of the County, City, Burrough, &amp;c. where the &s;aid offences were committed, without bail or mainprize, by the &s;pace of three moneths, and further to the next quarter &s;e&s;&s;ions to be holden in the &s;aid &s;hire, city, burrough, &amp;c. next after the end of the &s;aid three months, which quarter &s;e&s;&s;ions the party offending, upon his repentance and reconci|liation, &s;hall be di&s;charged out of pri&s;on, upon &s;ufficient &s;ecurity for his good behaviour for one whole year; but if he or they will not repent and be recon|ciled, then to be committed again to the &s;aid Gaol, there to remain until he or they &s;hall repent and be reconciled for their offences.</P>
<PB N="225" REF="176">
<P> If any per&s;on &s;hall receive the offendor or di&s;turbe the arre&s;t, he &s;hall forfeit to the Queene, her Heires and Succe&s;&s;ors, for every &s;uch offence the &s;umme of five pounds. If any offendor bee not taken, but e&s;cape hee &s;hall forfeit to the Queene for every &s;uch e&s;cape five pounds.</P>
<P>The Ju&s;tices of Peace, Ju&s;tices of A&s;&s;ize, Ju&s;tices of <HI>Oyer</HI> and <HI>Terminer,</HI> all Mayors, Bayliffs, Ju&s;tices of Peace, within any City, Borough, or Town-corporate, have power and authority to enquire into, heare and de|termine the offences and mi&s;demeanors afore&s;aid, and to &s;et fines and amer|ciaments therefore.</P>
<P>This Act doth not take away any authority, juri&s;diction, &amp;c. of Eccle&s;ia|&s;ticall Lawes then in force.</P>
<P>This Statute repeales all Statutes made again&s;t the Church of <HI>Rome,</HI> par|ticularly <NOTE PLACE="marg"><HI>Anno</HI> 1 <HI>&amp;</HI> 2 Phil. <HI>&amp;</HI> Mar. <HI>cap.</HI> 8.</NOTE> the Statute of 21 <HI>H.</HI> 8. 13. made again&s;t plurality of Benefices, ta|king of Farmes by Spirituall men&punc; and <HI>non re&s;idence.</HI> The Statute of 23 <HI>H.</HI> 8. 9. That no per&s;on &s;hall be cited out of his Dioce&s;s wherein he or &s;he dwelleth, except for certain ca&s;es. Stat. 24 <HI>H.</HI> 8. 12. That Appeals in &s;uch ca&s;es as had been proved in the See of <HI>Rome</HI> &s;hould not from henceforth be had, nor u&s;ed but within this Realm. Stat. 25 <HI>H.</HI> 8. 19. entituled <HI>The &s;ubmi&s;|&s;ion of the Clergy to the Kings Maje&s;ty.</HI> Stat. 25 <HI>H.</HI> 8. 20. concerning re&s;traints of Payments of Primates and Fir&s;t-fruits of Arch-bi&s;hopricks &amp; Bi&s;hopricks to the See of <HI>Rome.</HI> Stat. 25 <HI>H.</HI> 8. 21. concerning the exoneration of the Kings Subjects from exactions and impo&s;itions before that time paid to the See of <HI>Rome,</HI> and for having licences and di&s;pen&s;ations within this Realm, without &s;uing further for the &s;ame. Stat. 26 <HI>H.</HI> 8. 1. concerning the Kings being &s;upreme head of the Church, and to have Authority to re|form, and redre&s;&s;e all errors, here&s;ies, and abu&s;es in the &s;ame. Stat. 26 <HI>H.</HI> 8. 14. for nomination and confirmation of Suffragans within this Realm. Stat. 27 <HI>H.</HI> 8. 15. whereby the King &s;hould have power to nominate 32. per&s;ons of his Clergy and Lay Fee for making Eccle&s;ia&s;ticall Lawes. Stat. 28 <HI>H.</HI> 8. 10. Extingui&s;hing the Authority of the Bi&s;hop of <HI>Rome.</HI> Stat. 28. <HI>H.</HI> 8. 16. For relea&s;e of &s;uch as then had obtained pretenced licences and di&s;pen&s;ati|ons from the See of <HI>Rome.</HI> Stat. 28. <HI>H.</HI> 8. 7. for the e&s;tabli&s;hment of the &s;ucce&s;&s;ion of the Imperiall Crown of this Realm, that concerneth a Prohibi|tion to marry within the Degrees expre&s;&s;ed in the &s;aid Act. Stat. 31 <HI>H.</HI> 8. 9. authori&s;ing the King to make Bi&s;hops by his Letters Patents. Stat. 32 <HI>H.</HI> 8. 38. concerning precontracts of Marriages, and touching degrees of con&s;anguinity. Stat. 35 <HI>H.</HI> 8. 3. for ratification of the Kings Stile. The corporall oath made in the Stat. of 35 <HI>H.</HI> 8. 1. that every Subject of this Realm &s;hould be bound to take again&s;t the power, authority, and juri&s;diction of the See of <HI>Rome.</HI> Stat. 37 <HI>H.</HI> 8. 17. That the Doctors of the Civill Law which were married might exerci&s;e Eccle&s;ia&s;ticall juri&s;diction. So much of that Statute of the fir&s;t <HI>Ed.</HI> 6. 1. as contains certain Provi&s;ions, Pains, Penalties and Forfeitures, for and again&s;t &s;uch as &s;hould by open prea|chings, expre&s;&s;e words, &s;ayings, writing, printing, overt-deed or act, affirme or &s;et forth, That the King of this Realm, for the time being, is not, or ought not to be the &s;upreme head in earth of the Churches of <HI>England</HI> and <HI>Ireland,</HI> nor of any of them; or that the Bi&s;hop of <HI>Rome,</HI> or any other per&s;on or per&s;ons, other than the K. of <HI>England</HI> for the time being, is or ought to be &s;upreme head of the &s;ame Churches, or any of them, as in the &s;aid Act more at large may appear. It is enacted, that the&s;e clau&s;es, and other of the fore|&s;aid
<PB N="226" REF="177"> Act concerning the Supremacy, and all, and every branch, article, words, and &s;entence in the &s;ame, &s;ounding or tending to the Derogation of the &s;upremacy of the Popes Holine&s;s, or the See of <HI>Rome,</HI> and all pains, pe|nalties and forfeitures made again&s;t them, that &s;hould by any means &s;et forth or extol the &s;aid Supremacy, &s;hould from thenceforth be utterly void.</P>
<P>It did moreover generally repeal all clau&s;es, &s;entences and articles of every other Statute made &s;ince the 20 <HI>H.</HI> 8. again&s;t the &s;upreme authority of the Popes Holine&s;s, or See Apo&s;tolick of <HI>Rome.</HI></P>
<P>The Lords Spirituall and Temporall, and Commons profe&s;&s;ing them|&s;elves reduced and received by their Maje&s;ties interce&s;&s;ion to the unity of Chri&s;ts Church, and obedience of the Apo&s;tolick See of <HI>Rome,</HI> and the Pope governing the &s;ame, did make humble &s;uite to their Maje&s;ties to be Interce&s;&s;ors, that by authority of the Popes Holine&s;s, and by the mini&s;tra|tion of Cardinall <HI>Poole,</HI> by di&s;pen&s;ation, tolleration, or permi&s;&s;ion, re&s;pe|ctively as the ca&s;e &s;hall require, be aboli&s;hed the&s;e Articles following, and generally all others, when any occa&s;ion &s;hall &s;o require, may be provided for and confirmed.</P>
<P N="1">1. That all Bi&s;hopricks, Cathedrall Churches, Ho&s;pitalls, Colledges, Schooles, and other &s;uch foundations now continuing, made by authority of Parl. or otherwi&s;e e&s;tabli&s;hed according to the order of the Lawes of this Realm, &s;ince the Schi&s;me, may be confirmed and continue for ever.</P>
<P N="2">2. That Marriages made <HI>infragradus Prohibitos, con&s;anguinitatis, affinita|tis, cognationis &s;piritualis,</HI> or what might be made void <HI>propter impedimen|tum Publicae hone&s;tatis ju&s;titiae,</HI> or for any cau&s;e prohibited by the Canons only, may be confirmed; and children born of tho&s;e Marriages declared le|gitimate, &s;o as tho&s;e Marriages were made according to the Lawes of the Realm for the time being, and be not directly again&s;t the Lawes of God, nor in &s;uch ca&s;e as the See Apo&s;tolick hath not u&s;ed to di&s;pence withall.</P>
<P N="3">3. That in&s;titution of Benefices and other promotions Eccle&s;ia&s;ticall, and di&s;pen&s;ations made according to the form of the Act of Parliament may likewi&s;e be confirmed.</P>
<P N="4">4. That all Judiciall Proce&s;&s;es made before any Ordinaries of this Realm, or before any Delegates upon any Appeals, according to the order of the Lawes of this Realm, may likewi&s;e be ratified and confirmed.</P>
<P N="5">5. That the Lands and Goods of Bi&s;hopricks, Mona&s;teries, Chanteries, &amp;c. di&s;per&s;ed abroad to &s;undry per&s;ons by gift, exchange, purcha&s;e, &amp;c. ac|cording to the Lawes of the Land for the time being, &s;hall &s;o continue.</P>
<P>It was enacted, that the title of &s;upreme head of the Church, never was nor could be attributed to by any King or Governor.</P>
<P>It was enacted that all Bulls, Di&s;pen&s;ations, and Priviledges obtained before the 20 year of <HI>H.</HI> 8. or any time &s;ince of the See of <HI>Rome,</HI> and not containing matter prejudiciall to the Imperiall Crown, or Lawes of this Realm, &s;hould be put in execution.</P>
<P>This Statute did re&s;tore the Pope and Apo&s;tolick See, together with the Juri&s;diction the Bi&s;hops had in the Realm, to all the Authority they had be|fore the 20 of <HI>H.</HI> 8.</P>
<P>It is a very remarkable thing that this Statute does affirme, that nothing done or moved in this Statute &s;hould be prejudicall to the Liberties of the Crown, before the 20 of <HI>H.</HI> 8. and that the Statute of 24 <HI>H.</HI> 8. 12. and the
<PB N="227" REF="177"> Statute of 25 <HI>H.</HI> 8. <HI>cap.</HI> 20. which takes away all Eccle&s;ia&s;ticall Juri&s;diction from the Pope, and ve&s;ts it in the King, &s;hould be but declaratory of the ancient and common Law of this Land. See <HI>Coke de jure Regis Eccle&s;ia&s;tico</HI> 28. <HI>a. b.</HI> 31. one of the&s;e mu&s;t nece&s;&s;arily be fal&s;e.</P>
<P>Thus did Queen <HI>Mary</HI> re&s;tore by Parl, all the Papall Juri&s;diction, which <NOTE PLACE="marg">De&s;cription of Queen <HI>Mary.</HI></NOTE> was exerci&s;ed before the 20 of <HI>Henry</HI> the 8. and would have re&s;tored all the Abbey and Chantery Lands taken away by her Father and Brother, had it been in her power; but many alienations, de&s;cents, and purcha&s;es having been made of them, &s;he was not able to performe it, being a Prince&s;s no doubt, wondrous free from &s;acriledge, zealous and con&s;tant in her Religi|on, mercifull (when her Religion was not concerned) and ju&s;t: Her mercy appears in her not only pardoning all the Councell, who had &s;ub&s;cribed to her di&s;inheriting; but it was thought &s;he would not have taken away the life of the Lady <HI>Jane</HI> (although guilty of &s;o high a crime, as having actually invaded the Crown) if the Duke of <HI>Suffolk</HI> her Father (formerly pardoned by the Queens meer grace) had not mo&s;t unju&s;tly and unthankfully excited her Subjects again&s;t her, which together with <HI>Wiats</HI> Rebellion, for her own &s;ecurity, did nece&s;&s;itate her for her own &s;ecurity to execute her. Her ju|&s;tice appears in this; the Lord <HI>Sturton</HI> having been at variance with one <HI>Hargill</HI> and his Son, Gentlemen, knocked the poor Gentlemen on the head, and after cut their throats, and buried their bodies in a Pit 15. foot deep, hoping this villainy would never come to light, or if it did, he a&s;&s;ured him|&s;elf of the Queens favour, being zealou&s;ly addicted to the Popi&s;h Religion; which did him not good, for the Queen abhorred and rejected all mention of Pardon for him, only he had this grace, that the other Murderers were hanged in a hempen, but he in a &s;ilken halter,</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Eccle&s;ia&s;ticall Lawes made in the Reign of Queen</HI> Elizabeth.</HEAD>
<P>IT is declared that in the Reign of <HI>H.</HI> 8. divers good Lawes and Statutes <NOTE PLACE="marg"><HI>Anno</HI> 1. Eliz. <HI>cap.</HI> 1.</NOTE> were made, as well for the utter extingui&s;hing of all u&s;urped and forrein Powers and Authorities of this Realm, and other her dominions and Coun|tries, as al&s;o for the re&s;toring, and uniting to the Imperiall Crown of this Realm, the ancient Juri&s;diction, Authorities, Superiorities and Preheminen|cies to the &s;ame of right belonging and appertaining; By rea&s;on whereof her mo&s;t humble Subjects from the time of the 25 <HI>H.</HI> 8. were continually kept in good order, and were disburdened of divers great and intollerable charges and vexations, before that time unlawfully taken and exacted by &s;uch foreign Power and Authority as before that was u&s;urped. * And to the <NOTE PLACE="marg">The Statute of 1 &amp; 2 <HI>Ph.</HI> &amp; <HI>Ma. cap.</HI> 8. which re&s;tored to the Pope all which this Stat. takes away, de|clares that no|thing was done prejudiciall to the Crown in &s;o doing.</NOTE> intent that all u&s;urped power, Spirituall and Temporall, might for ever be extingui&s;hed, and never be u&s;ed or obeyed in this Realm, or any other her Maje&s;ties Dominions: It was therefore by the Authority of that Parliament enacted, That no forrein Prince, Per&s;on, Prelate, State or Potentate Spiri|tuall or Temporall, &s;hould at any time after the la&s;t day of that Se&s;&s;ion of Par|liament u&s;e, enjoy, or exerci&s;e any manner of Power, Juri&s;diction, Au|thority, Preheminence or Priviledge Spirituall or Eccle&s;ia&s;ticall within this Realm, or within any other the Queens Dominions or Countries, that then were, or hereafter &s;hould be; but from henceforth the &s;ame &s;hould be clearly aboli&s;hed out of this Realm, and all other her Dominions for ever. And it was then al&s;o e&s;tabli&s;hed and enacted, That &s;uch Juri&s;diction, Privi|ledges,
<PB N="228" REF="178"> Superiorities and Preheminences, Spirituall and Eccle&s;ia&s;ticall, as by any Spirituall and Eccle&s;ia&s;ticall Power or Authority had heretofore been, or might lawfully be exerci&s;ed or u&s;ed for the vi&s;itation of Eccle&s;ia&s;ticall &s;tate and per&s;ons, and for reformation, order and correction of the &s;ame, and of all manner of errors, here&s;ies, &s;chi&s;mes, abu&s;es, offences, contempts and e|normities, &s;hould for ever by authority of that Parliament be united and an|nexed to the Imperiall Crown of this Realm: And that the Queen her Heirs and Succe&s;&s;ors, Kings or Queens of this Realm, &s;hould have full pow|er and authority by virtue of that Act, by Letters Patents under the Great Seal of <HI>England,</HI> to a&s;&s;igne, name and authorize, when, and as often as the Queen, her Heirs and Succe&s;&s;ors &s;hall think meet and convenient: and for &s;uch and &s;o long time as &s;hould plea&s;e the Queen, her heirs and &s;ucce&s;&s;ors, &s;uch per&s;on or per&s;ons being naturall born Subjects to the Queen, her heirs or &s;ucce&s;&s;ors, as the &s;aid Queen her heirs or &s;ucce&s;&s;ors &s;hould think meet, to exerci&s;e, u&s;e, occupy and execute under the &s;aid Queen, her heirs and &s;uc|ce&s;&s;ors, all manner of Juri&s;dictions, Priviledges and Preheminences in any wi&s;e touching or concerning any Spirituall or Eccle&s;ia&s;ticall Juri&s;diction within the&s;e Realms of <HI>England</HI> or <HI>Ireland,</HI> or any other her Dominions and Countries; and to vi&s;ite, reform, redre&s;s, order, correct and amend all &s;uch errors, here&s;ies, &s;chi&s;mes, abu&s;es, contempts and enormities what&s;oever, which by any manner &s;pirituall, or eccle&s;ia&s;ticall Power, Authority, or Ju|ri&s;diction, could or might lawfully be reformed, ordered, redre&s;&s;ed, corre|cted, re&s;trained, or amended to the plea&s;ure of Almighty God, the encrea&s;e of virtue, and con&s;ervation of the peace and unity of this Realm. And that &s;uch per&s;on or per&s;ons &s;o to be named, a&s;&s;igned, authorized and appointed by the &s;aid Queen, her heirs and &s;ucce&s;&s;ors, after the &s;aid Letters Patents to him or them made and delivered, as is afore&s;aid, &s;hould have full power and authority by virtue of that Act, and of the Letters Patents under the &s;aid Queen, her heirs and &s;ucce&s;&s;ors, to exerci&s;e, u&s;e, and execute all the premi&s;&s;es according to the tenor and effect of the &s;aid Letters Patents, any matter or cau&s;e to the contrary in any wi&s;e notwith&s;tanding.</P>
<P>This Statute doth create the oath of Supremacy to be taken by all men who hold any Office, or take from the Queen her heirs and &s;ucce&s;&s;ors any Fees or Wages within this Realm, or other her Highnes Realms or Domi|minions: the form and tenor of it is,</P>
<P>I A. B. <HI>doe utterly te&s;tifie and declare in my con&s;cience, that the Queens Highne&s;s is the only &s;upreme Governor of this Realm, and all other her Highne&s;s Dominions and Countries, as well in all Spirituall or Eccle&s;ia&s;ticall things or cau&s;es, as Temporall; and that no forrein Prince, Per&s;on, Prelate, State, or Potentate hath or ought to have any Juri&s;diction, Power, Superiority, Prehemi|nence or Authority Eccle&s;ia&s;ticall or Spirituall within this Realm; and there|fore I doe utterly renounce and for&s;ake all forrein Juri&s;diction, Powers, Superi|orities and Authorities, and do promi&s;e, that from henceforth I &s;hall bear faith and true allegiance to the Queens Maje&s;ty, her Heirs, and lawfull Succe&s;&s;ors, and to my power &s;hall a&s;si&s;t and defend all Juri&s;dictions, Priviledges, Prehe|minences and Authorities, granted or belonging to the Queens Highne&s;s, her Heirs and Succe&s;&s;ors, or united and annexed to the Imperiall Crown of this Realm; So help me God, and the contents of this Book.</HI></P>
<P>If any per&s;on dwelling or inhabiting within this Realm, or any other of the Queens, &s;hould within 30. dayes after the determination of the Se&s;&s;ion of
<PB N="229" REF="178"> that Parliament, by Writing, Printing Teaching, &amp;c. maintain any forrein Power or Juri&s;diction, Eccle&s;ia&s;ticall or Spirituall; or &s;hall advi&s;edly put in u&s;e any &s;uch forrein Power or Juri&s;diction within any of her Highne&s;s Do|minions, he and his Aiders, Abettors, Coun&s;ellors, &amp;c. &s;hall forfeit to the Queen, her Heirs and Succe&s;&s;ors, all his goods and chattels, as well reall as per&s;onall.</P>
<P>If any per&s;on &s;o convict be not worth in Goods and Chattels the &s;umme of 20 s. every &s;uch per&s;on upon conviction, over and be&s;ides the forfeiture of his Goods and Chattels, &s;hall &s;uffer impri&s;onment by the &s;pace of a whole year without Bail or Mainpri&s;e.</P>
<P>And that all and every the Benefices, Prebends, and other Eccle&s;ia&s;ticall promotions and dignities of every per&s;on &s;pirituall &s;o offending and being attaint, &s;hall be utterly void; and the Patron and Donor may pre&s;ent, as if the Incumbent were actually dead. For the &s;econd offence the party of|fending &s;hall incur the danger of a Premunire. For the third offence after conviction and <HI>Attainder</HI> the party offending &s;hall &s;uffer death, and forfei|ture of all his Goods, as in ca&s;e of High Trea&s;on.</P>
<P>The offender mu&s;t bee impeached for preaching, teaching or &s;peaking any thing again&s;t the Premi&s;&s;es, within a yeere after &s;uch preaching, teaching or &s;peaking: and if any per&s;on &s;hall be impri&s;oned for preaching, teaching or &s;peaking again&s;t this Statute, and if be not indicted within the &s;pace of one half yeer next after his offence, that he be di&s;charged and &s;et at liberty.</P>
<P>No matter of Religion, or cau&s;e Eccle&s;ia&s;ticall made by this Parliament &s;hall be judged Error, Here&s;ie, Schi&s;m, or &s;chi&s;maticall opinion.</P>
<P>Such Per&s;ons as &s;hall bee authorized by Letters Patents under the Broad|&s;eale of England, &s;hall have juri&s;diction, power or authority &s;pirituall to vi&s;ite, reform, order or correct any errors, here&s;ies, &s;chi&s;ms, abu&s;es or e|normities: But by virtue of this Act they have not authority to determine or adjudge any thing to bee here&s;y, but only &s;uch as heretofore have beene determined by Canonicall-Scripture, or the 4 fir&s;t generall Councells, or a|ny of them, or by any Generall Councell, wherein the &s;ame was declared here&s;ie by expre&s;&s;e and plaine words of Scripture, or &s;uch as &s;hould be deter|mined Here&s;ie by the high Court of Parl. with the a&s;&s;ent of the Clergy in their Convocation.</P>
<P>This Statute revives the 23 <HI>H.</HI> 8. 9. 24 <HI>H.</HI> 8. 12. 25 <HI>H.</HI> 8. 20. 25 <HI>H.</HI> 8. 21. 26 <HI>H.</HI> 8. 14. 28 <HI>H.</HI> 8. 16. So much of the Act of the 32 <HI>H.</HI> 8. 38. con|cerning precontracts of Marriages, and touching degrees of Con&s;angui|nity as by the 2 <HI>Ed.</HI> 6. 23. was not repealed, the 37 <HI>H.</HI> 8. 17. the 1 <HI>Ed.</HI> 6. 1.</P>
<P>This Act repeales the Statute of the 1 &amp; 2. <HI>Ph. &amp; M.</HI> 6. the 1 &amp; 2 <HI>Ph. &amp; M.</HI> 8, except tho&s;e things touching the Premunire in the &s;aid Statute: It repeales the 5 <HI>R.</HI> 2. 5. the 2 <HI>H.</HI> 4. 15. the 2 <HI>H.</HI> 5. 7. made for the puni&s;hment of Here&s;ies, by fire and faggot.</P>
<P>This &s;tatute repeales the &s;tatute of the fir&s;t of <HI>Mary</HI> and the 2, and revives <NOTE PLACE="marg"><HI>Stat.</HI> 1 Eliz. <HI>cap.</HI> 2.</NOTE> the &s;tatute of the 5 &amp; 6 of <HI>Ed.</HI> 6. for the uniformity of Prayer and admini|&s;tration of the Sacraments, with the alteration or addition of certain Le&s;&s;ons to be u&s;ed every Sunday of the yeere, and the forme of the Letany altered and corrected, and two &s;entences only added in the delivery of the Sacra|ment to the Communicants.</P>
<P>If any Par&s;on, Vicar, or other what&s;oever Mini&s;ter, that ought or &s;hould &s;ay or &s;ing Common-Prayer, mentioned in the &s;aid Booke, in &s;uch Cathe|drall
<PB N="230" REF="179"> or Pari&s;h-Church, or other places where he &s;hould Mini&s;ter the &s;ame, in &s;uch manner and forme as is mentioned in the &s;aid Booke, refu&s;e to doe the &s;ame, or u&s;e any other forme, or &s;hall preach, declare or &s;peake any thing in derogation of the &s;aid booke or any thing therein contained, or any part thereof, and &s;hall thereof be lawfully convicted, according to the Lawes of the Land, by the Verdict of 12 men, or confe&s;&s;ion, or notorious evidence of the fact; &s;hall forfeit to the Queene, &amp;c. for the fir&s;t offence, the profits of one whole yeere, next after &s;uch conviction, of all his &s;pirituall Bene|fices, and &s;uffer impri&s;onment for the &s;pace of &s;ix moneths without Bayle or Mainprize.</P>
<P>If any &s;uch per&s;on, once convicted concerning the Premi&s;&s;es, &s;hall after &s;uch conviction offend, and be thereof lawfully convict, &s;hall &s;uffer impri&s;on|ment for the &s;pace of one whole year, and be deprived <HI>ip&s;o facto</HI> of all his &s;pirituall promotions; and that it &s;hall be lawfull for all Patrons and Donors of &s;uch Spirituall promotions to pre&s;ent or collate to the &s;ame as if the per&s;on or per&s;ons &s;o offending were dead.</P>
<P>If any per&s;on be convicted the third time of the premi&s;&s;es, he &s;hall <HI>ip&s;o facto</HI> be deprived of all his &s;pirituall promotions, and &s;hall &s;uffer impri&s;onment during life.</P>
<P>Any per&s;on that &s;hall offend, and be convicted inform afore&s;aid, concer|ning any of the premi&s;&s;es, not being beneficiall, or having any &s;pirituall promotion, &s;hall for the fir&s;t offence after &s;uch conviction, &s;uffer impri&s;on|ment for the &s;pace of one whole year without Bail or Mainpri&s;e: and for the &s;econd offence, after lawfull conviction, &s;hall &s;uffer impri&s;onment du|ring life.</P>
<P>If any per&s;on &s;hall doe or &s;peak any thing in derogation of the book of Common-prayer, or di&s;turb or interrupt any Par&s;on, Vicar, or other Mini|&s;ter in any Cathedrall or Par&s;hi Church or Chappel in the celebration of the Common-prayer, or mini&s;tration of the Sacraments; or &s;hall compell or cau&s;e any other Service to be celebrated, being thereof lawfully convict, &s;hall for the fir&s;t offence forfeit to the Queen, &amp;c. the &s;umme of one hun|dred Marks, and for the &s;econd offence the &s;umme of four hundred Marks, and for the third offence he &s;hall forfeit all his Goods and Chattels, and &s;uffer impri&s;onment during life.</P>
<P>If any per&s;on &s;hall for the fir&s;t offence be convict of the premi&s;&s;es in form afore&s;aid, and &s;hall not pay the &s;um to be paid by virtue of his conviction, that in&s;tead thereof he &s;hall &s;uffer impri&s;onment for the &s;pace of 6. moneths with|out Bail or Mainpri&s;e; and he that &s;hall not pay for the &s;econd conviction &s;hal &s;uffer impri&s;onment for the &s;pace of 12. moneths without Bail or Main|pri&s;e.</P>
<P>Every per&s;on &s;hall (having no lawfull or rea&s;onable excu&s;e to be ab&s;ent) diligently and faithfully endeavour to re&s;ort to the u&s;uall places where Com|mon-prayer and &s;uch Service of God &s;hall be u&s;ed, upon Sundayes and o|ther dayes appointed to be kept holy, and there abide orderly and &s;oberly during the time of Common-prayer, Preaching, and other Service of God, upon pain of puni&s;hment by cen&s;ures of the Church, and twelve pence to be levied by the Church-wardens to tho&s;e of the poor of the Pari&s;h by way of di&s;tre&s;s.</P>
<P>The Ordinaries, and all other Officers Eccle&s;ia&s;ticall, as well in places ex|empt as not exempt within their Dioce&s;s, have power and authority by this
<PB N="231" REF="179"> Act to correct, and reform, and puni&s;h by Church cen&s;ures all who &s;hall of|fend within their Juri&s;dictions.</P>
<P>The Ju&s;tices of <HI>Oyer</HI> and <HI>Determiner,</HI> or Ju&s;tices of A&s;&s;i&s;e in open and generall Se&s;&s;ions have power to hear, determine and puni&s;h the&s;e offences, yet &s;o that every Arch-bi&s;hop and Bi&s;hop in their &s;everall Dioce&s;&s;es by vir|tue of this Act may a&s;&s;ociate or joyn them&s;elves with the &s;aid Ju&s;tices.</P>
<P>No per&s;on &s;hall be mole&s;ted for any offences above&s;aid, unle&s;&s;e he be in|dicted at the next generall Se&s;&s;ions, next after &s;uch offences are committed.</P>
<P>All Lords of Parliament for their third offence &s;hall be tried by their Peers.</P>
<P>Chiefe Officers of Cities and Boroughs have the like authority to hear and determine the offences afore&s;aid, as the Ju&s;tices of A&s;&s;ize, and <HI>Oyer</HI> and <HI>Determiner</HI> have.</P>
<P>Arch-Bi&s;hops, Bi&s;hops, their Chancellors, Commi&s;&s;aries, Arch-Deacons and other Ordinaries, having any peculiar Eccle&s;ia&s;ticall Juri&s;diction, have by virtue of this Act power in their Vi&s;itations, Synods, and el&s;ewhere within their Juri&s;dictions, to enquire and take the accu&s;ations, and informa|tions of all the offences afore&s;aid, and to puni&s;h the &s;ame by Admonition, Excommunication, Seque&s;tration, or Deprivation, and other cen&s;ures, in like form as heretofore has been u&s;ed by the Queens Eccle&s;ia&s;ticall Laws.</P>
<P>Any per&s;on offending in the premi&s;&s;es, and puni&s;hed therefore by the Ordinary, having a te&s;timoniall thereof under the Ordinaries Seal, &s;hall not for the &s;ame offence be convicted before the Ju&s;tices; and likewi&s;e puni&s;hed for the fir&s;t offence by the Ju&s;tices, he &s;hall not again receive puni&s;hment of the Ordinary.</P>
<P>Such Ornaments of the Church and of the Mini&s;ters &s;hall be reteined <NOTE PLACE="marg"><HI>Anno</HI> 5 Eliz. <HI>cap.</HI> 1.</NOTE> and be in u&s;e, as was in this Church of <HI>England</HI> by authority of Parlia|ment in the 2 year of the Reign of <HI>Ed.</HI> 6. untill other Order &s;hall be taken by authority of the Queen, with the advice of the Commi&s;&s;ioners appointed and authori&s;ed under the Great Seal of <HI>England</HI> for cau&s;es Eccle&s;ia&s;ticall, or of the Metropolitan of the Realm.</P>
<P>It was enacted, That what&s;oever per&s;on inhabiting in the Queens Domi|nions, who by word or deed &s;hould maintain that the Bi&s;hop of <HI>Rome</HI> had any authority or juri&s;diction in any of the Queens Realms or Dominions, &s;hould incurre the danger of a <HI>Premunire.</HI></P>
<P>If any man &s;hall the &s;econd time maintain the Pope to have any juri&s;dicti|on or authority in any of the Queens Dominions, it &s;hall be Trea&s;on.</P>
<P>The Oath &s;et forth in the fir&s;t <HI>Eliz. cap.</HI> 1. &s;hall be taken of all Eccle&s;ia|&s;ticall Orders, of all degrees in the Univer&s;ity, of School-ma&s;ters, Utterbar|ri&s;ters, Benchers, Readers, Ancients, Pronotaries, Atturneys, Philizers, She|riffs, E&s;cheators, Feodaries, Officers of the Common-Law, Officers of any Court: but none above the degree of a Baron may be compelled. The Bi|&s;hop may tender the oath to any &s;pirituall per&s;on in his Dioce&s;&s;e. The Lord Chancellor or Keeper &s;hall direct Commi&s;&s;ions under the Broad-&s;eal to any per&s;on or per&s;ons giving them authority to mini&s;ter the oath to any &s;uch per&s;ons, as by the afore&s;aid Commi&s;&s;ion, the &s;aid Commi&s;&s;ioners &s;hall be authori&s;ed to tender the oath unto.</P>
<P>Any per&s;on afore&s;aid refu&s;ing to take the Oath, and being thereof legal|ly convicted within one year, &s;hall for the fir&s;t offence incur the danger of a <HI>Premunire;</HI> and for the &s;econd &s;hall &s;uffer as in ca&s;e of High Trea&s;on.</P>
<PB N="232" REF="180">
<P> Every Knight, Citizen, Burge&s;s, or Baron for any of the Cinque Ports, &s;hall take the &s;aid Oath, and in ca&s;e of refu&s;all &s;hall be deemed no Knight, Citizen, Burge&s;s or Baron.</P>
<P>It was enacted, That if any per&s;on in the Queens Dominions &s;hould u&s;e <NOTE PLACE="marg"><HI>Anno</HI> 13 Eliz. <HI>cap.</HI> 1.</NOTE> or put in u&s;e any Bull of ab&s;olution, or reconciliation formerly had, or af|terward to be obtained from the Bi&s;hop of <HI>Rome,</HI> his &s;ucce&s;&s;ors, or any claim|ing under him: or if any per&s;on &s;hall by virtue of &s;uch Bull, take upon him to grant or promi&s;e to any per&s;on, any &s;uch ab&s;olution or reconciliation: or if any per&s;on &s;hall willingly receive &s;uch ab&s;olution or reconciliation, or &s;hall obtain from the Bi&s;hop of <HI>Rome</HI> any manner of Bull, Writing, or In&s;trument containing any thing what&s;oever, or &s;hall publi&s;h any &s;uch Writing or In|&s;trument, &s;hall be adjudged a Traitor.</P>
<P>The aiders, comforters, and maintainers of the offendors after offence, &s;hall incur the pains and penalties of a <HI>Premunire.</HI></P>
<P>Every per&s;on to whom &s;uch Ab&s;olution, Reconciliation, Bull, Writing or In&s;trument &s;hall be offered, moved, or per&s;waded to be put in u&s;e, and &s;hall conceal &s;uch motion or per&s;wa&s;ion, and not di&s;clo&s;e the &s;ame within &s;ix weeks following, to &s;ome of the Queens Councell, or to the Pre&s;ident, or Vice-Pre&s;ident of the North parts, or in the Marches of <HI>Wales,</HI> &s;hall in|cur the danger and penalty of a <HI>Premunire.</HI></P>
<P>The bringers into the Realm, or u&s;ing any <HI>Agnus Dei,</HI> Cro&s;&s;es, Pictures. Beads, &amp;c. from the Bi&s;hop of <HI>Rome,</HI> or any claiming authority from the Bi&s;hop of <HI>Rome</HI> to con&s;ecrate the &s;ame, as well the parties bringing, as the parties receiving, &s;hall incur the danger of a <HI>Premunire.</HI></P>
<P>But if any per&s;on to whom &s;uch <HI>Agnus Dei, &amp;c.</HI> &s;hall be tendred, &s;hall apprehend the per&s;on tendring the &s;ame, and bring him to the next Ju&s;tice of Peace within the County where the &s;aid tender &s;hall be made, if it be in his power; or for lack of ability, &s;hall within three dayes di&s;clo&s;e the names of the per&s;on &s;o tendring, or his place of re&s;ort to the Bi&s;hop of that Dio|ce&s;s, or to any Ju&s;tice of Peace of that Shire where &s;uch per&s;ons are re&s;iant; or if any per&s;on receive &s;uch <HI>Agnus Dei, &amp;c.</HI> and &s;hall within one day after receipt deliver the &s;ame to any Ju&s;tice of Peace within the &s;ame Shire, that then every &s;uch per&s;on &s;hall not incur the penalties above&s;aid.</P>
<P>All they who within three moneths after di&s;&s;olution of the Parliament, &s;hall bring in, and deliver all &s;uch Bulls, Writings, In&s;truments of Reconci|liation to the Bi&s;hop of the Dioce&s;&s;e wherein &s;uch ab&s;olution had been made, to be cancelled, and confe&s;&s;e and acknowledge his offence, and de&s;ire to be received into the Church of <HI>England,</HI> &s;hall be clearly pardoned of &s;uch of|fence. And every per&s;on who had received any ab&s;olution from the Bi&s;hop or See of <HI>Rome,</HI> or any reconciliation unto the Bi&s;hop or See of <HI>Rome,</HI> &s;ince the fir&s;t year of the Queen, and &s;hall within three moneths after any Se&s;&s;ion or di&s;&s;olution of the Parliament come before the Bi&s;hop of the Dioce&s;s where &s;uch ab&s;olution or reconciliation was made, and publickly acknowledge his offence therein, and humbly de&s;ire to be re&s;tored and admitted into the Church of <HI>England,</HI> &s;hall be clearly pardoned of &s;uch offence.</P>
<P>If any Ju&s;tice of Peace, to whom any matter, or offence before mentioned, &s;hall be uttered, doe not within 14. dayes after &s;ignifie and declare the &s;ame to &s;ome one of the Queens Privie Councell, that then &s;uch Ju&s;tice &s;hall in|cur the danger of a <HI>Premunire.</HI></P>
<P>Noble-men &s;hall be tryed by their Peers.</P>
<PB N="233" REF="180">
<P> Saving to all per&s;ons, Bodies politique and corporate, their heirs and &s;uc|ce&s;&s;ors, others then the &s;aid offendors and their heirs, all rights, titles, po&s;|&s;e&s;&s;ions, &amp;c. as they or any of them had, at the day of committing the of|fence afore&s;aid, or before.</P>
<P>Stat. 23 <HI>Eliz. cap.</HI> 1. makes it Trea&s;on for any who &s;hall have, or pre|tend to have power, or &s;hall by any means put in practice to ab&s;olve, per|&s;wade, or withdraw any of the Queens Subjects from their naturall obedi|ence; or with-draw them for that intent from the Religion now by her Highne&s;s authority e&s;tabli&s;hed, to the Romi&s;h Religion: Or if any per&s;on &s;hall by any means be willingly ab&s;olved, or willingly be reconciled, or &s;hall promi&s;e any obedience to any forrein pretended Authority, Prince, State, or Potentate, and be thereof lawfully convict, &s;hall &s;uffer as in ca&s;e of High Trea&s;on.</P>
<P>The aiders, maintainers and concealers, who &s;hall not within twenty daies at furthe&s;t di&s;clo&s;e the &s;ame to &s;ome Ju&s;tice of Peace or higher Officer, &s;hall &s;uffer as in ca&s;e of Mi&s;pri&s;ion of Trea&s;on.</P>
<P>Every per&s;on who &s;hall &s;ing or &s;ay Ma&s;&s;e, &s;hall forfeit 200 marks, and &s;uffer impri&s;onment during one whole year: And every per&s;on who &s;hall willingly hear Ma&s;&s;e, &s;hall forfeit one hundred marks, and &s;uffer impri&s;on|ment for a year.</P>
<P>Every per&s;on above &s;ixteen years of age, who &s;hall not repair to &s;ome Church, Chappel or u&s;uall place of Common-prayer, and forbear the &s;ame, contrary to the Stat. 1 <HI>Eliz.</HI> for uniformity of Common-prayer, &s;hall for|feit 20 pounds for every moneth; and over and be&s;ides, if he or &s;he &s;hall for|bear for the &s;pace of 12. moneths after certificate thereof in writing made into the Kings Bench by the Ordinary, a Ju&s;tice of A&s;&s;i&s;e and Goal-deli|very, or a Ju&s;tice of peace of the County where &s;uch offendor &s;hall dwell or be, &s;hall for his ob&s;tinacy be bound with two &s;ufficient Sureties in the &s;um of 200 pounds at lea&s;t to the good behaviour, and &s;o continue bound, untill &s;uch time as he &s;hall conform him&s;elf and come to Church, according to the true intent of the Statute of the &s;aid 1 <HI>Eliz.</HI></P>
<P>Every per&s;on, Body politique or corporate, who &s;hall maintain a School-ma&s;ter who &s;hall not repair to the Church as afore&s;aid, or be allowed by the Ordinary of the Dioce&s;&s;e where &s;uch School-ma&s;ter &s;hall be kept, &s;hall for|feit for every moneth ten pound: And &s;uch School-ma&s;ter pre&s;uming to teach any thing contrary to this Act, and being thereof lawfully convict, &s;hall be di&s;abled to be a Teacher of Youth, and &s;hall &s;uffer impri&s;onment without Bayl ot Mainpri&s;e for the &s;pace of a year.</P>
<P>No Ordinary or their Mini&s;ters &s;hall take any thing for the allowance of any Schoole-ma&s;ter.</P>
<P>All offences afore&s;aid, and all offences again&s;t the fir&s;t <HI>Eliz.</HI> 1. 5 <HI>Eliz.</HI> 1. 13 <HI>Eliz.</HI> 2. <HI>&amp;c.</HI> are inquirable into by the Ju&s;tices of peace, and other Ju&s;tices named in the &s;aid Act, within a year and day after &s;uch offences committed. Ju&s;tices of <HI>Oyer</HI> and <HI>Terminer</HI> of A&s;&s;iize, of Goale-delivery, in their limits, Ju&s;tices of Peace in their Quarter-&s;e&s;&s;ions, have power to hear and determine the offences afore&s;aid (except Trea&s;on, and Mi&s;pri&s;ion of Trea&s;on.</P>
<P>Every per&s;on guilty of any offence again&s;t this Statute other then Trea&s;on &amp; Mi&s;pri&s;ion of Trea&s;on, which &s;hall before he be indicted, or at his Arraign|ment before Judgement, &s;ubmit and conform him&s;elf before the Bi&s;hop of the Dioce&s;s where he &s;hall be re&s;ident, and before the Ju&s;tice of Peace where
<PB N="234" REF="181"> he &s;hall be arraigned or tried, (having not before made like &s;ubmi&s;&s;ion) &s;hall upon his recognition of &s;uch &s;ubmi&s;&s;ion in open A&s;&s;i&s;es or Se&s;&s;ions in the County where &s;uch per&s;on &s;hall be re&s;ident, be di&s;charged of all the &s;aid offences.</P>
<P>The forfeitures of the moneys limited by this Act &s;hall be divided into three equall parts, whereof one third part to the Queen to her u&s;e, another for the relief of the poor in the Pari&s;h where &s;uch offence is committed, to be delivered by warrant of the principle Officers in the receipt of the Exche|quer, without further warrant from her Maje&s;ty; the other third part to &s;uch per&s;on as will &s;ue for the &s;ame in any court of Record, in which no E&s;|&s;oin, or Protection, or Wager of Law &s;hall be allowed. He that &s;hall forfeit &s;uch &s;ummes as are &s;pecified in this Act, and be not able, or &s;hall not pay the &s;ame within 3. moneths after Judgement, &s;hall be committed to pri&s;on and there remain untill he have paid the &s;aid &s;ummes, or conform him&s;elf to goe to Church.</P>
<P>He that u&s;ually on Sunday &s;hall have in his hou&s;e the Divine Service as it is e&s;tabli&s;hed, and be thereat u&s;ually pre&s;ent, and not ob&s;tinately refu&s;e to come to Church, and &s;hall at lea&s;t four times in the year be pre&s;ent at the Divine Service in his Pari&s;h Church, or in &s;ome open Church or Chappell of ea&s;e, &s;hall incur no damage, nor danger by this Act.</P>
<P>Every Grant, Conveyance, Bond, Judgement and Execution, of cove|tous purpo&s;e to defraud the Queen, or any other per&s;on, &s;hall be holden ut|terly void.</P>
<P>Tryall of a Peer for any Trea&s;on, or mi&s;pri&s;ion of Trea&s;on, by this Act &s;hall be by his Peers.</P>
<P>This Act, nor any thing contained therein (is &s;aid) not to extend to take away any, or abridge the authority or juri&s;diction of the Eccle&s;ia&s;ticall Cen|&s;ures, for any cau&s;e, or matter, but that Arch-Bi&s;hops and Bi&s;hops, and o|ther Eccle&s;ia&s;ticall Judges may do and proceed, as before the making of it.</P>
<P>All Je&s;uits made within or without the Realm &s;ince the Nativity of <HI>St.</HI> <NOTE PLACE="marg"><HI>Stat.</HI> 27 Eliz. <HI>cap.</HI> 2.</NOTE> <HI>John</HI> the Bapti&s;t, in the fir&s;t year of the Queen, &s;hall within 40. dayes next after the Se&s;&s;ion of Parliament, if they be not wind-bound, depart out of <HI>Eng|land</HI> and other the Queens Dominions.</P>
<P>If any Je&s;uit, Seminary Prie&s;t, or other &s;uch Prie&s;t, Deacon, or Religious or Eccle&s;ia&s;ticall per&s;on what&s;oever, born within the Dominions of the Queen, and made &s;ince the fea&s;t of the Nativity of <HI>St. John</HI> in the fir&s;t year of the Queen, or hereafter to be made by any Authority from the Church of <HI>Rome,</HI> &s;hall after the &s;aid forty dayes after the Se&s;&s;ion of Parliament (other then in &s;uch &s;peciall ca&s;es as in this Act is expre&s;&s;ed) be found in any of the Queens Dominions, every &s;uch per&s;on &s;hall be adjudged a Traitor.</P>
<P>All they which &s;hall receive any &s;uch Je&s;uit or Prie&s;t after &s;uch time &s;hall be adjudged a felon without benefit of Clergy.</P>
<P>If Any Subject of <HI>England</HI> then being, or after &s;hall be of, or brought up in any Colledge of Je&s;uits, or seminaries already erected, or to be erected, out of the Realm, &s;hall not within &s;ix moneths next after Proclamation in that behalf made in <HI>London,</HI> under the broad Seal, return into this Realm, and within two dayes after, before the Bi&s;hop of the Dioce&s;&s;e, or two Ju&s;ti|ces of the peace of the County where he &s;hall arrive, &s;ubmit him&s;elf to her Maje&s;ty and her Lawes, and take the Oath &s;et forth in the fir&s;t year of her
<PB N="235" REF="181"> Reign; That then every &s;uch per&s;on which &s;hall otherwi&s;e return, &s;hall be taken and deemed as a Traitor.</P>
<P>Who&s;oever &s;hall any wayes &s;end relief to any Je&s;uit or seminary beyond the &s;eas, or give any maintenance to any Colledge of Je&s;uits or Seminaries, &s;hall incur the danger of a <HI>Premunire.</HI></P>
<P>None during the Queens life &s;hall &s;end his or her Child, or other per&s;on (except Merchants, or &s;uch only who &s;erve in their Trade as Merchants, or Mariners) beyond the Seas, without the Queens &s;peciall licence, or under four of the Councells hands, upon the penalty of one hundred pounds.</P>
<P>Every offence committed again&s;t this Act may be heard and determined as well in the Kings Bench, as al&s;o in any County within this Realm, or any of the Queens Dominions where the offence &s;hall be committed, or where the offendor &s;hall be apprehended.</P>
<P>This Act &s;hall not extend to any Je&s;uit, &amp;c. before mentioned, as &s;hall with|in the &s;aid 40. dayes, or within 40. daies after he come into the Realm, &s;ubmit him&s;elf to &s;ome Arch-bi&s;hop or Bi&s;hop of this Realm, or to &s;ome Ju&s;tice of Peace within the County where he &s;hall arrive, and doe thereupon truly and &s;incerely before the Arch-bi&s;hop, Bi&s;hop, or Ju&s;tice of Peace, take the &s;aid Oath &s;et forth the fir&s;t of <HI>Eliz.</HI> and under his hand confe&s;&s;e afterward to continue in due obedience to the Queens Lawes made, or to be made in cau|&s;es of Religion.</P>
<P>Peers &s;hall be tried by their Peers for any offence made Trea&s;on, Felony, or <HI>Premunire</HI> by this Act.</P>
<P>Any per&s;on being a Subject of this Realm, which &s;hall after the &s;aid 40. daies know any &s;uch Je&s;uit, or Prie&s;t, &amp;c. and &s;hall not di&s;cover the &s;ame to &s;ome Ju&s;tice of Peace, or Higher Officer within 12. dayes, every &s;uch per&s;on &s;hall be fined and impri&s;oned according to the Queens plea&s;ure; and every &s;uch Ju&s;tice of Peace, or higher Officer, which &s;hall not di&s;cover the &s;ame within 28. dayes to &s;ome of the Queens Councell, or to the Pre&s;ident, or Vice-pre&s;ident of the Queens Councell e&s;tabli&s;hed in the North or Marches of <HI>Wales,</HI> then he or they &s;o offending &s;hall forfeit 200 Markes.</P>
<P>Such of the Privy Councell, Pre&s;ident, or Vice-pre&s;ident above&s;aid, to whom &s;uch information &s;hall be made, &s;hall thereupon deliver a note in writing, &s;ub&s;cribed by his own hand, to the party by whom he &s;hall receive &s;uch information, te&s;tifying that &s;uch information was made to him.</P>
<P>All &s;uch Oaths, Bonds and Submi&s;&s;ions as &s;hall be made, by force of this Act &s;hall be certified into the Chancery, by &s;uch Parties before whom the &s;ame &s;hall be made, within three moneths after &s;uch &s;ubmi&s;&s;ion, upon pain of forfeiture of 100 l. for every &s;uch offence to the Queen.</P>
<P>If any per&s;on &s;o &s;ubmitting him&s;elf &s;hall within 10. years after come with|in 10. miles of the place where her Maje&s;ty &s;hall be, without &s;peciall licence had from her Maje&s;ty under her hand, that then &s;uch per&s;on to have no be|nefit of &s;uch &s;ubmi&s;sion.</P>
<P>Enacts, That every Feofment, Gift, Grant, Conveyance, Alienation, E&s;tate, <NOTE PLACE="marg"><HI>Stat.</HI> 29 Eliz. <HI>cap.</HI> 6.</NOTE> Lea&s;e, Encumbrance, Limitation of u&s;e, of, or out of any Lands, Tenements, Hereditaments what&s;oever had or made &s;ince the beginning of the Queens Reign, or after, by any per&s;on who had not repaired, or &s;hall not repair to &s;ome Church, Chappel, or u&s;uall place of Common-prayer; or which is or &s;hall be revokable at the plea&s;ure of &s;uch offendor, or in any wi&s;e directly or indirectly, intended or meant, to, or for the behoofe or di&s;po&s;ition of &s;uch
<PB N="236" REF="182"> offendor, or in con&s;ideration whereby his Family may be maintained, &s;hall be deemed and taken for utterly void, &amp;c.</P>
<P>Every conviction heretofore recorded for any offence before mentioned, not already e&s;treated or certified into the Queens Court of Exchequer, &s;hall from the Ju&s;tices before whom the record of &s;uch conviction &s;hall be remain|ing be e&s;treated and certified into the Exchequer, before the end of the next Ea&s;ter Term in &s;uch convenient certainty, for the time and other cir|cum&s;tances, as the Court may thereupon award out proce&s;&s;e for &s;ei&s;ure of the Lands and Goods of every &s;uch offendor as hath not paid their forfei|tures according to Statutes in &s;uch ca&s;e provided. And every conviction hereafter for any offence before mentioned, &s;hall be in the Court called the Kings Bench, or at the A&s;si&s;es, or generall Goal-delivery, and not el&s;e|where, and &s;hall from the Ju&s;tices before whom the Record of &s;uch convi|ction &s;hall remain, be e&s;treated and certified into the Exchequer, before the end of the Term next en&s;uing after every &s;uch conviction, in &s;uch conveni|ent certainty as is afore&s;aid.</P>
<P>Every offendor in not repairing to Divine Service, and hath been hereto|fore convict, and not made his &s;ubmi&s;&s;ion, and been conformable according to the true intent of this Statute, &s;hall without other indictment or convi|ction pay into the receipt of the Exchequer all &s;uch &s;ummes of money as ac|cording to the rate of twenty pounds for every moneth &s;ince the &s;ame con|viction, in manner following, <HI>viz.</HI> one Moity before the end of Trinity Term, the other Moity before the end of Hilary Term, or at &s;uch other times as the Lord Trea&s;urer, Chancellor, and Chief Baron, or any two of them, &s;hall by compo&s;ition upon good &s;ecurity be limitted before the end of the &s;aid Trinity Term, if any &s;uch compo&s;ition &s;hall happen to be: And &s;hall al&s;o in every Ea&s;ter and Michaelmas Term, untill &s;uch time as the &s;ame per&s;on do make &s;uch &s;ubmi&s;&s;ion, pay into the Exchequer 20 l. for&punc; every moneth, which &s;hall incur in all that mean time.</P>
<P>For default of Payment of the &s;aid 20 l. a moneth in every Ea&s;ter and Mi|chaelmas Term, after &s;uch conviction, the Queen by proce&s;&s;e out of the &s;aid Exchequer may take, &s;eize and enjoy all the Goods, and two parts as well of all the Lands and Tenements, &amp;c. of &s;uch offendor, as of all other Lands and Tenements liable to &s;uch &s;ei&s;ure, by the true intent of this Act, leaving only a third part for the reliefe of the offender, his Wife Children and Family.</P>
<P>For the more &s;peedy conviction of &s;uch offendor, the Indictment &s;hall be &s;ufficient although it be not mentioned, that the offendor was, or is inhabi|ting within the Realm of <HI>England,</HI> or any other of the Queens Domi|nions: But if it &s;hall happen that any &s;uch offendor were not within any of the Queens Dominions, that in &s;uch ca&s;e the party &s;hall be relieved by plea to be put in, in that behalf and not otherwi&s;e. And upon Indictment a Pro|clamation &s;hall be made the &s;ame A&s;&s;i&s;es or Goal-delivery, that the party indicted &s;hall yeeld his body to the Sheriff: and if at next A&s;&s;i&s;es or Goal|delivery the &s;aid party &s;hall not make appearance of Record, that then &s;uch default &s;hall be deemed a &s;ufficient conviction in Law.</P>
<P>If any &s;uch offendor &s;hall make &s;ubmi&s;sion, and become conformable ac|cording to the form of the Statute made in the 23 of <HI>Eliz.</HI> or &s;hall fortune to die, that then no forfeiture of 20 l. a moneth, nor &s;ei&s;ure of Lands, from and after &s;uch &s;ubmi&s;&s;ion and conformity, or death, and full &s;atisfaction of all
<PB N="237" REF="182"> arrearages of 20 l. monethly before &s;uch &s;ei&s;ure due, or payable, &s;hall en&s;ue, or be continued again&s;t &s;uch offendor, &s;o long as he &s;hall continue in com|ing to divine Service according to the intent of the Statute.</P>
<P>The Lord Trea&s;urer of <HI>England,</HI> Chancellor, and chief Baron, or any two of them may a&s;&s;igne and di&s;po&s;e of the full third part of the twenty pounds for every moneth, paid into the receipt of the Exchequer towards the relief of the Poor, of Hou&s;es of correction, and of impotent and maimed Souldiers.</P>
<P>This Act, or any thing contained in it, doth not in any wi&s;e extend to make void or impeach any Grant or Lea&s;e made <HI>bon&acirc; fide,</HI> without fraud or covin, and not revocable at the will and plea&s;ure of the offendor.</P>
<P>This Act, or any thing contained therein, &s;hall not in any wi&s;e be con&s;trued to continue any &s;ei&s;ure of any Lands or Tenements of &s;uch offendor in her Maje&s;ties hands, after the &s;aid offendors death, which Lands or Tenements he &s;hall have or be &s;ei&s;ed of only for term of life, or in right of his wife.</P>
<P>For the preventing of &s;uch great inconveniences and perils as may happen <NOTE PLACE="marg"><HI>Stat. Anno</HI> 35 Eliz. <HI>cap.</HI> D.</NOTE> and grow by the wicked practices of &s;editious Sectaries and di&s;loyall per&s;ons, it was enacted, That every per&s;on above &s;ixteen years of age that &s;hall ob|&s;tinately refu&s;e to come to Divine Service, e&s;tabli&s;hed by Law, and &s;hall for|bear the &s;ame by the &s;pace of a moneth without lawfull excu&s;e; or &s;hall at any time after fourty dayes after the Se&s;sion of that Parliament by word or wri|ting advi&s;edly goe about to move or per&s;wade any of the Queens Subjects, or any other within her Realms or Dominions, to deny or with&s;tand her Ma|je&s;ties power or authority in cau&s;es Eccle&s;ia&s;ticall, united and annexed to the Imperiall Crown of this Realm; or &s;hall advi&s;edly per&s;wade any per&s;on to for|bear coming to Church to hear Divine Service e&s;tabli&s;hed; or to come to, or be pre&s;ent at any unlawfull A&s;&s;emblies, Conventicles, &amp;c. upon pretence of Religion, contrary to the e&s;tabli&s;hed Lawes: Or if any per&s;on &s;hall ob&s;ti|nately refu&s;e to repair to &s;ome u&s;uall place of Common-prayer, and &s;hall forbear to hear Divine Service by the &s;pace of a moneth, or &s;hall after fourty daies willingly joyn in any &s;uch A&s;&s;emblies, Conventicles, &amp;c. under colour of exerci&s;ing Religion, contrary to the Laws of this Realm; That every per|&s;on &s;o offending, and being thereof lawfully convict, &s;hall be committed to pri&s;on without bail or mainpri&s;e, untill they conform to come to Church and hear Divine Service according to Law, and make &s;uch &s;ubmi&s;&s;ion and declaration, as in this Act is afterward declared and appointed.</P>
<P>If any per&s;on who &s;hall offend as afore&s;aid, &s;hall not within three moneths after they be convicted, conform them&s;elves to the obedience of the Laws, in comming to Church to hear Divine Service, and in making &s;uch publick confe&s;sion and &s;ubmi&s;sion as in this Act is appointed, being thereunto requi|red by the Bi&s;hop of the Dioce&s;&s;e, or any Ju&s;tice of Peace where the per&s;on &s;hall happen to be, or by the Mini&s;ter or Curate of the Pari&s;h: that in every &s;uch ca&s;e, every &s;uch offendor, being thereunto warned by any Ju&s;tice of Peace of the County, &s;hall upon his or their corporall oath, before the Ju&s;tices of Peace in the open Quarter-&s;e&s;sions, or at the A&s;si&s;es abjure the Realm, and all other the Queens Dominions for ever, unle&s;s her Maje&s;ty &s;hall licence the party to return; and &s;hall depart out of the Realm at &s;uch Port, and within &s;uch times as &s;hall be appointed by the &s;aid Ju&s;tices before whom the &s;aid ab|juration was made, unle&s;&s;e the offendor be letted by &s;uch lawfull and rea&s;o|nable means, as by the common Lawes are permitted in ca&s;es of abjuration
<PB N="238" REF="183"> of Felony; and in &s;uch ca&s;es of let or &s;tay then within &s;uch rea&s;onable time after as the Common Law requires in ca&s;e of Abjuration for Felony; the Ju&s;tices of Peace before whom any &s;uch abjuration &s;hall be made, &s;hall cau&s;e the &s;ame to be pre&s;ently entred into record before them, and &s;hall certifie the &s;ame to the Ju&s;tices of A&s;&s;izes and Goal-delivery of the &s;aid County at the next A&s;&s;izes.</P>
<P>If any &s;uch offender, which by the tenor of this Act is to be abjured, &s;hall refu&s;e to make &s;uch abjuration, and &s;hall not goe to &s;uch Haven within &s;uch time appointed, and depart out of the Realm, or after &s;uch departure &s;hall return without licence; that in &s;uch ca&s;e the party offending &s;hall &s;uffer as in ca&s;e of Felony without benefit of the Clergy.</P>
<P>If any per&s;on offending again&s;t this Act, &s;hall before he be required, as afore&s;aid, to make &s;uch abjuration, repair to &s;ome Pari&s;h Church on &s;ome Sunday or Fe&s;tivall, and then and there hear Divine Service, and before Sermon or reading of the Go&s;pell make publick and open &s;ubmi&s;&s;ion and de|claration in conformity to the Lawes according to this Act, that then every &s;uch penalties inflicted by this Act be di&s;charged. The &s;ubmi&s;&s;ion to be made is.</P>
<P><HI>I</HI> A. B. <HI>doe humbly confe&s;s and acknowledge that I have grievou&s;ly offended God, in contemning her Maje&s;ties Godly and lawfull Government and Authori|ty, by ab&s;enting my &s;elf from Church and hearing Divine Service, contrary to the Godly Lawes and Statutes of this Realm; and in u&s;ing and frequenting di&s;|ordered and unlawfull Conventicles and A&s;&s;emblies under pretence and colour of exerci&s;e of Religion. And I am heartily &s;orry for the &s;ame, and do acknowledge and te&s;tifie in my con&s;cience, that no other per&s;on hath or ought to have Authori|ty over her Maje&s;ty. And I doe promi&s;e and prote&s;t without any di&s;simulation, or any colour or means of any di&s;pen&s;ation, That from henceforth I will from time to time obey and perform her Maje&s;ties Lawes and Statutes, in repairing to the Church and hearing Divine Service, and do my uttermo&s;t endeavor to perfom the &s;ame.</HI></P>
<P>The Mini&s;ter of every Pari&s;h where &s;uch &s;ubmi&s;sion and declaration &s;hall be made, &s;hall pre&s;ently enter the &s;ame into a book to be kept by every Pa|ri&s;h for that purpo&s;e, and within ten dayes after certifie the &s;ame in writing to the Bi&s;hop of the Dioce&s;s.</P>
<P>If any &s;uch offendor after &s;uch &s;ubmi&s;sion &s;hall afterwards relap&s;e, and ob&s;tinately refu&s;e to repair to &s;ome Church, or u&s;uall place of Divine Ser|vice, or &s;hall be pre&s;ent at any &s;uch Conventicles, &amp;c. under colour of ex|erci&s;e of Religion, contrary to her Maje&s;ties Lawes: That then every &s;uch offendor &s;hall lo&s;e the benefit he might have had by virtue of his Sub|mi&s;sion.</P>
<P>If any per&s;on &s;hall hereafter relieve, maintain, or keep in his hou&s;e or o|therwi&s;e any per&s;on which &s;hall ob&s;tinately refu&s;e to come to &s;ome Church, or u&s;uall place of Common-prayer, or &s;hall forbear the &s;ame by the &s;pace of a moneth; that then every &s;uch per&s;on &s;o offending after &s;uch notice given him by the Ordinary of the Dioce&s;&s;e, or any Ju&s;tice of A&s;size of the Circuit, or any Ju&s;tice of Peace of the County, or any Mini&s;ter, Curate or Church|warden of the Pari&s;h where &s;uch per&s;on &s;hall be, &s;hall forfeit to the Queen for every per&s;on &s;o relieved after &s;uch notice, forty pound for every moneth, that he or they &s;hall relieve, &amp;c. any per&s;on &s;o offending.</P>
<P>This Act &s;hall in no wi&s;e extend to puni&s;h or impeach any per&s;on for re|lieving
<PB N="239" REF="183"> or keeping his Father, Wife, Mother, Child, Ward, Brother or Si|&s;ter, or his Wives Father or Mother, not having any certain place of habi|tation of their own, or the Husbands or Wives of any of them: or for re|lieving, maintaining or keeping any &s;uch per&s;on as &s;hall be committed by Authority to the cu&s;tody of any by whom they &s;hall be &s;o relieved or main|tained. The&s;e two la&s;t clau&s;es are repealed by the 3 <HI>Jac.</HI> 4.</P>
<P>All duties, forfeitures and payments, due to the Queene by virtue of this Act, or the Act of the 23 of <HI>Eliz.</HI> concerning Recu&s;ants, may be recove|red and levyed to her Maje&s;ties u&s;e by action of debt, bill, plaint, informa|tion or otherwi&s;e, in any of the Courts called the Kings bench, Common|pleas, or Exchequer, in &s;uch &s;ort as by the ordinary cour&s;e of the Com|mon-Law, any other debt due by any per&s;on in any other Ca&s;e might be recovered or levyed, where no E&s;&s;oin, Protection or Wager of Law bee admitted.</P>
<P>The third part of the Penalties had or received by virtue of this Act, &s;hall be imployed and be&s;towed to &s;uch good and charitable u&s;es, in &s;uch manner and forme as is limited and appointed in the Statute made in the 29 <HI>Eliz.</HI> c. 6. concerning Recu&s;ants.</P>
<P>No popi&s;h Recu&s;ant or feme covert &s;hall be compelled to abjure by this Act. Every per&s;on that &s;hould abjure by virtue of this Act, and refu&s;e, be|ing thereunto required as afore&s;aid, &s;hall forfeit to the Queene all his goods and chattels for ever, and his Lands and Tenements during life; the wife of any &s;uch offendor &s;hall not lo&s;e her Dowre, nor any corrup|tion of blood &s;hall grow or be, by rea&s;on of any offence mentioned in this Act.</P>
<P>Every Per&s;on above &s;ixteene yeeres of age, borne within any of the <NOTE PLACE="marg"><HI>Stat.</HI> 35 Eliz. <HI>cap.</HI> 2.</NOTE> Queenes Dominions, or made a Denizen, being a popi&s;h Recu&s;ant, and be|fore the end of that Se&s;&s;ion of Parliament, convicted for not repairing to &s;ome Church or u&s;uall place uf Divine-&s;ervice, but forbearing the &s;ame, contra|ry to the Lawes e&s;tabli&s;hed, and having a certain place of abode within the Realme, &s;hall within forty dayes next after the Se&s;&s;ion of Parliament (if they be in the Realme, and not re&s;trained by impri&s;onment, or by command of her Maje&s;ty, or by order of &s;ix or more of the Privy-Councell, or by &s;uch &s;ickne&s;&s;e and infirmity of body, that they &s;hall not be able to travell without imminent danger of their life, and in &s;uch ca&s;es of ab&s;ence out of the Realm, re&s;traint or &s;tay, then within two daies next after they &s;hall returne into the Realm, and bee enlarged of &s;uch impri&s;onment, or &s;hall be able to travell) repair to their u&s;uall place of abode, and &s;hall not at any time after remove above five miles from thence.</P>
<P>Every per&s;on born in any of the Queens Dominions, or Denizen, which had, or &s;hould have any certain place of abode within this Realm, which be|ing a Popi&s;h Recu&s;ant, and thereof lawfully convict for not repairing to &s;ome Church or u&s;uall place of Divine Service, and being within the Realm at the time they &s;hall be convicted, &s;hall within fourty dayes after &s;uch conviction (if they be not re&s;trained by impri&s;onment or otherwi&s;e, as afore&s;aid; and in &s;uch ca&s;es of re&s;traint, then within twenty dayes after they &s;hall be enlarged, or be able to travell) repair to the place of their u&s;uall dwelling, and not at any time after remove above five miles from thence, upon pain of forfei|ture of all his Goods and Chattels, and all his Rents, Lands, Tenements and Hereditaments to the Queen during the life of the offendor.</P>
<PB N="240" REF="184">
<P> Every Per&s;on above &s;ixteene yeeres of age, borne in any of the Queenes Dominions, who hath no certain place of abode within the Relme, and being a popi&s;h Recu&s;ant, and not u&s;ually repairing to &s;ome Church, or u&s;uall place of Common-prayer, but forbearing the &s;ame, contrary to the Lawes e&s;ta|bli&s;hed, &s;hall within 40 daies after the Se&s;sion of Parliament (if they be within the Realm, and not impri&s;oned or &s;tayed as afore&s;aid, and in &s;uch ca&s;e of ab|&s;ence out of the Realm, impri&s;onment or &s;tay, then within twenty dayes af|ter returne into the Realm, and be enlarged, or able to travell) repaire to the place of byrth, or where the Father or Mother of &s;uch per&s;on &s;hall then bee dwelling, and &s;hall not remove above five miles from thence, upon paine of forfeiting all his goods and chattels, and all his Lands, Tenements, He|reditaments, Rents and Annuities to the Queene, during the life of the Of|fendor.</P>
<P>Every offendor afore&s;aid that hath Lands or Tenements, by copy of Court-Roll, &amp;c. &s;hall forfeit all &s;uch copy-hold e&s;tates, during the life of the offendor (if his e&s;tate &s;o long continue) to the Lord, of whom they are immediatly holden (if the Lord be not a popi&s;h Recu&s;ant, nor convicted for not coming to Divine Service, nor &s;eized upon tru&s;t for &s;uch Recu&s;ant) and in &s;uch Ca&s;e the forfeiture to bee to the Queenes Maje&s;ty.</P>
<P>All &s;uch Per&s;ons as by this Act are to make their repaire to their place of dwelling, or to the place of their byrth, or where their Father and Mother &s;hall be dwelling, and not to pa&s;&s;e above five miles from thence, &s;hall within twenty dayes after their comming to any of the &s;aid places, notifie their coming thither, and pre&s;ent them&s;elves, and deliver their true names in writing to the Mini&s;ter and Curat of the Pari&s;h, and to the Con&s;table, Head|borough or Tything-man of the Town, and thereupon the Mini&s;ter or Cu|rate &s;hall pre&s;ently enter the &s;ame into a booke to be kept in every pari&s;h for that purpo&s;e; and afterward the &s;aid Mini&s;ter or Curate, and the &s;aid Con|&s;table, Headborough or Tything-man, &s;hall certifie the &s;ame in writing to the Ju&s;tices of Peace of the &s;ame County, at the next quarter Se&s;&s;ions and the &s;aid Ju&s;tices &s;hall enter or cau&s;e the &s;ame to be entred by the Clerke of the Peace in the Rolls of the &s;ame Se&s;&s;ions.</P>
<P>Every popi&s;h Recu&s;ant (not being a Feme covert, and not having a &s;tate of inheritance of free-hold to the cleere yeerely value of twenty marks, or in goods and chattels to the value of forty pounds) that &s;hall not within the li|mited time repaire to the u&s;uall place of his abode, or to the place of his birth, or the dwelling of his Father or Mother; and thereupon notifie their com|ing, and pre&s;ent them&s;elves, and deliver their true names in writing to the Mini&s;ter or Curate of the Pari&s;h, and to the Con&s;table, Head-borough or Tything-man of the Towne, within &s;uch time, and in &s;uch manner as afore|&s;aid, or &s;hall after remove five miles from thence, and &s;hall not within three moneths next after &s;uch per&s;on &s;hall be apprehended, conform him&s;elf to re|&s;ort u&s;ually to divine Service, and in making &s;uch publique confe&s;&s;ion and &s;ubmi&s;&s;ion, as hereafter is expre&s;&s;ed, being thereunto required by the Bi&s;hop of the Dioce&s;&s;e, or any Ju&s;tice of Peace in the County where the &s;ame per&s;on &s;hall chance to be, or by the Mini&s;ter or Curate of the Pari&s;h; That in eve|ry &s;uch ca&s;e, every &s;uch offendor, being thereunto warned by any two Ju&s;ti|ces of Peace, or Coroner of the County where &s;uch offendor &s;hall be, &s;hall upon his corporall Oath before any two Ju&s;tices of Peace or Coroner or the &s;ame County, abjure this Realme, and all Dominions of the Queenes for e|ver,
<PB N="241" REF="184"> and thereupon &s;hall depart the Realm in &s;uch time as &s;hall be a&s;signed by the &s;aid Ju&s;tices or Coroner, unle&s;&s;e hindred by &s;uch rea&s;onable means, as by the Common Law is allowed in ca&s;es of abjuration of felony; and in &s;uch ca&s;es within &s;uch rea&s;onable time after as the Common Law requireth in ca&s;e of abjuration of felony.</P>
<P>Every Ju&s;tice of Peace and Coroner before whom any &s;uch abjuration &s;hall happen to be made, &s;hall pre&s;ently cau&s;e the &s;ame to bee entred of Re|cord before them, and &s;hall certifie the &s;ame to the Ju&s;tices of A&s;&s;ize, or next Goale delivery of the &s;aid County.</P>
<P>If any &s;uch offender, which is to be abjured, &s;hall refu&s;e to make abjurati|on, or after abjuration &s;hall refu&s;e to goe to &s;uch Haven within the time ap|pointed, and depart the Realme, or after &s;hall returne without licence from the Queen; that then, in every &s;uch ca&s;e, the per&s;on offending &s;hall &s;uffer as a Felon, without benefit of the Clergy.</P>
<P>Every per&s;on &s;u&s;pected to be a Je&s;uite or Seminarie-Prie&s;t, who being e|xamined by lawfull authority, and refu&s;es to an&s;were directly whether he be a Je&s;uite or not, &s;hall be committed to pri&s;on without baile or mainprize, un|till he an&s;were directly.</P>
<P>Every per&s;on confined as afore&s;aid to the compa&s;&s;e of five miles, that hath nece&s;&s;ary occa&s;ion of bu&s;ine&s;&s;e, upon licen&s;e from two Ju&s;tices of the Peace in the &s;ame County, under their hands, with the a&s;&s;ent of the Bi&s;hop of the Dioce&s;&s;e in writing, or of the Lieutenant, or of any deputy Lieutenant of the &s;ame County, may travell about his nece&s;&s;ary bu&s;ine&s;&s;e, for &s;uch time only as is contained in the Licen&s;e.</P>
<P>No per&s;on &s;o re&s;trained as afore&s;aid, which &s;hall be urged by Proce&s;s with|out fraud or covin, and be bound to make appearance in any of her Maje&s;ties Courts, or &s;hall be &s;ent to by three or more of her Maje&s;ties Councell, or by foure or more Commi&s;&s;ioners appointed by her Maje&s;ty to make appearance before her Councell or Commi&s;&s;ioners; in every &s;uch ca&s;e &s;hall incur any forfeiture or lo&s;&s;e for travelling or making appearance accordingly.</P>
<P>Every per&s;on &s;o re&s;trained, as afore&s;aid, &s;hall be bound to yeeld their bo|dies to the Sherif of the County, upon Proclamation in that behalfe made, nor &s;hall incurre any penalty for &s;o doing.</P>
<P>If any per&s;on which &s;hall offend again&s;t this Act, &s;hall before he be there|of convict, come to &s;ome pari&s;h Church on &s;ome Sunday, or Fe&s;tivall day, and then heare divine Service, and at Service time, or at the reading of the Go&s;pell, make open &s;ubmi&s;sion and declaration of his conformity to the Queenes Lawes, as hereafter is declared, that then every &s;uch offendor &s;hall be cleerly di&s;charged. The forme of the &s;ubmi&s;sion is,</P>
<P><HI>I</HI> A. B. <HI>doe humbly confe&s;&s;e and acknowledge, That I have grievou&s;ly offend|ed God, in contemning her Maje&s;ties godly and lawfull government and authori|ty, by ab&s;enting my &s;elfe from Church, and from hearing Divine Service, con|trary to the godly Lawes and Statutes of this Realm; and am heartily &s;ory for the &s;ame; and doe acknowledg and te&s;tifie in my Con&s;cience, That the Bi&s;hop or See of</HI> Rome <HI>hath not, or ought to have any power or authority over her Maje&s;ty, or within any of her Maje&s;ties Dominions or Realmes: And I do promi&s;e and Prote&s;t without di&s;simulation, or any colour or meanes of di&s;pen&s;ation, That from hence|forth I will from time to time obey and performe her Maje&s;ties Lawes and Sta|tutes, in repairing to Church, and hearing Divine Service, and doe my utmo&s;t endeavor to maintain and defend the &s;ame.</HI></P>
<PB N="242" REF="185">
<P> The Mini&s;ter or Curate of every pari&s;h where &s;uch &s;ubmi&s;sion &s;hall bee made, &s;hall pre&s;ently cau&s;e the &s;ame to be entred into a booke to be kept in every Pari&s;h for that purpo&s;e, and within ten dayes after &s;hall certifie the &s;ame to the Bi&s;hop of the Dioce&s;s.</P>
<P>Every offendor that &s;hall after &s;uch &s;ubmi&s;sion, relap&s;e and become Re|cu&s;ant, in not repairing to Church to heare Divine &s;ervice as afore&s;aid, &s;hall lo&s;e all benefit he might have enjoyed by &s;uch &s;ubmi&s;sion.</P>
<P>Every woman married &s;hall be bound by every article, branch and matter contained in this Act, other then the branch or article of abjuration, nor &s;hall any woman married be compelled to make abjuration.</P>
<DIV2 TYPE="section">
<HEAD><HI>Of the Reformation made by Queen</HI> Elizabeth.</HEAD>
<P>QUeen <HI>Mary</HI> dying upon the 17. <HI>Novemb.</HI> 1558. the &s;ame day both <NOTE PLACE="marg">The Pope did reject the Queen before the Queen re|jected the Pope</NOTE> Hou&s;es of Parliament without any contradiction did acknowledge and receive <HI>Elizabeth</HI> to be the true and undoubted Heir to the Crown of <HI>England,</HI> and without delay with &s;ound of Trumpet di&s;&s;olved the Parli|ament: for that being called by Queen <HI>Mary</HI> could have no being, or con|tinue after her death. The Queen cau&s;ed an account to be given of her a&s;|&s;umption to the Pope (who was <HI>Paulus Quartus)</HI> with letters of Credence to Sir <HI>Edward Cerne,</HI> who was Amba&s;&s;ador to her Si&s;ter and not departed from <HI>Rome.</HI> But the Pope was &s;o far from acknowledging her, that he an|&s;wered, that that Kingdome <HI>(viz.</HI> of <HI>England)</HI> was held in Fee of the Apo|&s;tolick See, that &s;he could not &s;ucceed being illegitimate; that he could not contradict the Declaration of <HI>Clement</HI> the Seventh, and <HI>Paul</HI> the Third; that it was a great boldne&s;s to a&s;&s;ume the name of Government without him; that for this &s;he de&s;erved not to be heard in any thing; yet being de&s;irous to &s;hew a fatherly affection, if &s;he will renounce her preten&s;ions, and refer her &s;elf wholly to his free di&s;po&s;ition, he will doe what&s;oever may be done in the honor of the Apo&s;tolick See. * And afterwards he commanded Sir <HI>Ed|ward</HI> <NOTE PLACE="marg"><HI>Hi&s;t conc. Trint.</HI> 411.</NOTE> <HI>Cerne,</HI> who had continued Amba&s;&s;ador at <HI>Rome</HI> for Henry the Eighth, Queen <HI>Mary,</HI> and then for Queen <HI>Elizabeth,</HI> to lay down his office of Am|ba&s;&s;ador (that I may u&s;e his own very words &s;ayes the Author) by force of a <HI>Mandat</HI> made by Lively voice from the Oracle of our mo&s;t Holy Lord the Pope, by virtue of holy obedience, and under pain of the greater Excom|munication, and al&s;o of lo&s;&s;e of all his goods, that he &s;hould not depart out of the City, but undertake the Government of an Ho&s;pitall of the <HI>Engli&s;h.</HI> * It is true Indeed that <HI>Pius</HI> 4. (a man of much more moderate di&s;po&s;ition <NOTE PLACE="marg"><HI>Camb. Eliz. Keg. Pag.</HI> 28.</NOTE> then his Predece&s;&s;or) did in the year 1560. by Letters, &s;ent by <HI>Vineentius Parpalia</HI> Abbot of St. <HI>Saviours</HI> to her full of humanity, not only acknow|ledge her Queen of <HI>England,</HI> and invited her to return into the bo&s;ome of the Church, but al&s;o (as the report went) promi&s;ed to recall the &s;entence pronounced again&s;t her Mothers Marriages as unju&s;t, to confirme the book of Comon-prayer in Engli&s;h by his authority, and to permit the u&s;e of the Sacrament in both kinds to the People of <HI>England,</HI> in ca&s;e &s;he will joyn her &s;elf to the Church of <HI>Rome,</HI> and acknowledge the Primary of the Roman See. * And afterwards in the year 1561. in Letters full of affection by Ab|bot <NOTE PLACE="marg"><HI>Camb. Eliz. Reg.</HI> 58. 59.</NOTE> <HI>Martinego,</HI> he invited her to the Councell of <HI>Trint, Camb. Eliz. Reg.</HI> 68. 69. but matters were &s;o far thru&s;t off the hinges, that not only <HI>Parpa|lia</HI>
<PB N="243" REF="185"> returned without any fruit, but <HI>Martinego</HI> was denied acce&s;s into <HI>Eng|land.</HI></P>
<P>Not only the Arch-bi&s;hop of <HI>York,</HI> but all the other Bi&s;hops (except <NOTE PLACE="marg">The Bi&s;hops except <HI>Carlile</HI> refu&s;e to crown her.</NOTE> <HI>Carlile)</HI> did refu&s;e to Crown the Queen, both becau&s;e &s;he had been in&s;tru|cted in the Prote&s;tant Religion, and becau&s;e &s;he had forbidden the Arch|bi&s;hop of <HI>York</HI> a little before he was to celebrate Divine &s;ervice, to elevate the Ho&s;t for adoration, and had &s;uffered the Letany with the Epi&s;tles and Go&s;pel to be u&s;ed in the popular tongue. It is no wonder therefore if the Parliament which happened immediately after, and the Commons e&s;pecial|ly, who once u&s;ually &s;wayed only by pa&s;&s;ion and affection, and much aver&s;e from the Religion of the Church of <HI>Rome,</HI> did endue the Queen with &s;uch plentifull power, as to make her &s;upreme Governor (the title of Head was waved) in all cau&s;es, as well Spirituall as Temporall.</P>
<P>This power the Queen well under&s;tanding, &amp; what advantage would be <NOTE PLACE="marg">How far the Queen did de|clare her Power in Eccle&s;ia&s;ti|call matters.</NOTE> made thereof by her adver&s;aries, did by Proclamation, and after by her In|junctions declare, that &s;he took nothing upon her more, then what anciently of right be longed to the Crown of <HI>England,</HI> to wit that &s;he had &s;upreme power and juri&s;diction under God over all &s;orts of people within the King|dome of <HI>England,</HI> whether they be Eccle&s;ia&s;ticall or Lay per&s;ons; and that no forrein Power hath or ought to have any juri&s;diction or authority over them. <HI>Camb. Eliz. Reg.</HI> 39. 40.</P>
<P>In the 37. Article of the Church of <HI>England</HI> &s;he declares, <HI>We give to</HI> <NOTE PLACE="marg">How far the Church of <HI>Eng|land</HI> declares the Preroga|tive of Princes.</NOTE> <HI>Our Princes that Prerogative which we &s;ee in holy Scripture alwayes given to all godly Princes by God him&s;elf, to rule all e&s;tates and degrees of men committed to their charge by God, whether they be Eccle&s;ia&s;ticall or Temporall, and to re|&s;train with the &s;word all &s;tubborn and evill doores.</HI></P>
<P>But what&s;oever the Queene or Church did declare, the Lawyers would <NOTE PLACE="marg">The Lawyers exception of the Statute of 1 <HI>Fliz. cap.</HI> 1.</NOTE> not lo&s;e &s;o much Gri&s;t as this Stat. of the fir&s;t of <HI>Eliz.</HI> brought to their Mill, and therefore the fourth conclu&s;ion in the 3 part <HI>In&s;titutes</HI> 43 is, That when an Act of Parliament is made concerning things meerly &s;pirituall, as Here&s;ie, &amp;c. yet the Act, being part of the Lawes of the Land, the &s;ame &s;hall be con|&s;trued and interpreted by the Judges of the Common-Law, who u&s;ually confer with tho&s;e that are learned in that profe&s;&s;ion, &s;o that all Spirituall ju|ri&s;diction doth utterly vani&s;h, when&s;oever the Temporall power &s;hall doe any thing in derogation of it; and in truth ever &s;ince the Statute of the fir&s;t of <HI>Elizabeth,</HI> all cognizance not only of Here&s;ie, &amp;c. but the cognizance of the wor&s;hip and &s;ervice of God, and admini&s;tration of Sacraments, have (upon the matter) beene determined at quarter-Se&s;&s;ions and a&s;sizes, and &s;ince ths uniting of all forraigne juri&s;diction in the Crowne, many places in <HI>England,</HI> that were not in ordinary Epi&s;copall juri&s;diction, and imme|diatly under the <HI>Pope,</HI> are become out of all cure of Soules, and for ought can be known, are not any part of any Chri&s;tian Church.</P>
<P><HI>If the Queen be &s;upreme Governor in all Spirituall ca&s;es under Chri&s;t, then are not Bi&s;hops and Prie&s;ts immediately Chri&s;ts Mini&s;ters, but the Queens: Nay then may &s;he ordain, confirm, and con&s;ecrate the Sacraments, which the Church of</HI> England, Art. 37. <HI>&amp; King</HI> James Spot. Hi&s;t. anno 7 Regni <HI>doth deny.</HI></P>
<P>The preamble of the fir&s;t of <HI>Eliz. cap.</HI> 1. Is a &s;upplication of the Lords <NOTE PLACE="marg">Ob&s;ecrable things in the 1. &amp; 2. chap. 1 <HI>Eliz.</HI></NOTE> Spirituall and Temporall, and Commons, that tho&s;e things therein might be pa&s;&s;ed into a Law, whereas the Lords Spirituall <NOTE N="a" PLACE="marg"><HI>Camb. Eliz. Reg.</HI> 16.</NOTE> being nine (nor were there then fourteene alive) and all who were pre&s;ent not only &s;tiffly oppo&s;ed
<PB N="244" REF="186"> it, but were all of them deprived becau&s;e they would not conform thereun|to, and take the Oath of Supremacy made by that Act. In the 2. <HI>chap.</HI> <NOTE PLACE="marg">Pag. 36.</NOTE> 1 <HI>Eliz.</HI> there is a very &s;trange clau&s;e: <HI>viz.</HI> The Queenes Maje&s;ty, the Lords Temporall, and Commons a&s;&s;embled, doe in Gods name, earne&s;tly require and charge all Arch-Bi&s;hops and Bi&s;hops, and other Ordinaries, that they endeavor them&s;elves to the utmo&s;t of their knowledge, that the due execution of that Law&punc; may be had throughout their Dioce&s;&s;es and Char|ges, as they will an&s;were before God, for &s;uch evills and Plagues, wherewith God may ju&s;tly puni&s;h his people for neglecting this good and whol&s;om Law; and yet the Temporall powers by this very Law, have power to heare and determine all things in it as well as the Spirituall; whereas <HI>Praeces &amp; lachrima &s;unt arma Eccle&s;iae,</HI> all alwaies the Church formerly did &s;upplicate protection from the temporall powers.</P>
<P>The Queene did not make an alteration and change in the Religion and <NOTE PLACE="marg">By what de|grees Religion was charged.</NOTE> Service of God on a &s;uddain, but by degrees; for, for a whole moneth or more after the death of Queene <HI>Mary,</HI> the Roman Religion continued in the &s;ame &s;tate it did before; upon the twenty &s;eventh of <HI>December,</HI> leave was granted to have the Epi&s;tles, Go&s;pells, ten Commandements, the Lords Prayer, Creede and Letany in the Engli&s;h tongue. The two and twentieth of <HI>March,</HI> when the Nobles and Commons were met in Parliament, the en|tire u&s;e of the Lords Supper, <HI>viz.</HI> in both kindes, was allowed, and the Law made to that intent in <HI>Edward</HI> the &s;ixts dayes, revived and put in new force. The twenty fourth of <HI>June</HI> the Sacrifice of Ma&s;&s;e was aboli&s;hed, and the Liturgy in the Engli&s;h Tongue e&s;tabli&s;hed by Parliament. In <HI>July</HI> the Oath of Supremacy was propounded to the Bi&s;hops and others; and in <HI>Aug.</HI> Images were removed out of Churches, and broken ot burnt, <HI>Cambd. E|liza. Reg.</HI> 39.</P>
<P>From the fir&s;t of <HI>Eliz.</HI> untill the eleventh yeere of her Reigne, no per&s;on <NOTE PLACE="marg">How the Laws made for con|formity to the Service of the Church were ob&s;erved.</NOTE> of what per&s;wa&s;ion &s;oever, at any time refu&s;ed to come to the publique Di|vine Service celebrated in the Church of <HI>England,</HI> (being &s;o evidently grounded upon the &s;acred and infallible word of God, that the Bi&s;hop of <HI>Winche&s;ter</HI> in his an&s;were to <HI>Tortus, page</HI> 42, is not afraid to affirme po&s;i|tively that the Pope <HI>Paulus quartus</HI> [which is mi&s;printed, for it &s;hould have been <HI>Pius quartus]</HI> if the Queene would have acknowledged his authority, would have been &s;o kinde as to have e&s;tabli&s;hed all the Rites and Ceremo|nies now u&s;ed in the Church) untill the Bull publi&s;hed again&s;t the Queene by <HI>Pius</HI> the Fift, whereby he excommunicated her, and deprived her of her King|dome, and forbad all her Subjects, upon like penalties, to be &s;o hardy as to obey her Admonitions, Lawes or Commandements, and did ab&s;olve all men, who had upon any occa&s;ion taken their oath to her, of all fealty and &s;ervice due unto her by rea&s;on of her Government; which Bull produced no other effect then the &s;evere Statute made the thirteenth yeere of the Queene, again&s;t all men, who &s;hould endeavor to put it or any &s;uch in ure or execution, or &s;hould receive or take any ab&s;olution or reconciliation from the Church of <HI>Rome.</HI> But afterward the&s;e Parliament Laws, for the confor|ming to Divine Service e&s;tabli&s;hed, became as much di&s;obeyed by another generation of men called Puritans; and therefore the Statute of the thirty fift of <HI>Elizabeth cap.</HI> 1. was made expre&s;ly again&s;t them; yet would they never be re&s;trained, untill they upon pretence of Reformation, brought a de&s;olation upon both Church and State.</P>
<PB N="245" REF="186">
<P> Shee was truly pious, who daily as &s;oone as &s;he ro&s;e, &s;et a part &s;ome time <NOTE PLACE="marg">Of the virtues of Queen <HI>Eliz.</HI></NOTE> for the wor&s;hip and &s;ervice of God, afterwards at &s;et houres retired her &s;elfe into her private Clo&s;et, frequented the Chappell duly upon Sundaies and holydaies; nor was there ever any Prince that with greater devotion was pre&s;ent at divine Service: In black aray, and after the manner of the former ages, &s;he heard attentively Lenten Sermons, although &s;he would often &s;ay what &s;he had read of <HI>Hen.</HI> 3. her predece&s;&s;or, <HI>That &s;he had rather devoutly &s;peak to God in Prayer, then hear others di&s;cour&s;e eloquently of God in their Sermons;</HI> and of the Cro&s;s, the ble&s;&s;ed Virgin, and of the Saints, &s;hee thought reve|rently, nor did &s;hee ever &s;peake of them without a certain reverence, nor patiently heare others &s;peake of them without the like; * to the&s;e may ju&s;t|ly <NOTE PLACE="marg"><HI>Camb. Eliz. Reg.</HI> 14.</NOTE> be added a wi&s;dome and prudence in Government &s;o far above her &s;ex, that certainly &s;hee, in that kinde is not to be parallell'd by any of her ma&s;cu|line predece&s;&s;ors: and the&s;e vertues were crowned with that felicity, that all along her long Reigne &s;hee was mo&s;t pa&s;&s;ionately and ob&s;equiou&s;ly honon|red by her Subjects, (a rare thing among I&s;landers, and not to be found in a|ny time before her, in any of her Predece&s;&s;ors.) Yet &s;ure &s;he was rather care|full to con&s;erve peace at home then to maintain it abroad, and was more mindfull of the pre&s;ent age, then of po&s;terity: and &s;ure that King that &s;uccee|ded her, might ju&s;tly expect to finde a hard taske &s;o to Govern as to pre&s;erve the love and obedience &s;hee had; for be&s;ides her prudence and frugality in Government and expences, &s;he was &s;ingle &amp; had not any kindred in the Na|tion which were any charge to her; whereas the King &s;ucceeding, not only having a Queen, but al&s;o Po&s;terity mu&s;t multiply expence, whereby hee &s;hall lo&s;e the affections of his Subjects, from whom it mu&s;t be rai&s;ed, or a|bate of the magnificennce, which is nece&s;&s;ary for the reputation and Regality, and which every Monarch ought e&s;pecially to be carefull of; for, Where Maje&s;ty or Power is contemptible, the exerci&s;e of them is never per|manent.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Eccle&s;ia&s;ticall Lawes made by King</HI> James.</HEAD>
<P>THis Statute doth Enact, That all Statutes made by Queene <HI>Elizabeth</HI> <NOTE PLACE="marg"><HI>Anno</HI> 1. Jac. <HI>cap.</HI> 4.</NOTE> again&s;t all Je&s;uites, Prie&s;ts and Seminaries, made in the Church of <HI>Rome,</HI> and all tho&s;e Statutes made again&s;t all manner of Recu&s;ants be put in due and exact execution.</P>
<P>Every Recu&s;ant that &s;hall conforme him&s;elfe to the Lawes and Ordinances of the Church of <HI>England,</HI> and repaire to Church and continue there during the time of divine Service and Sermon, according to the true intent of the &s;tatute in that ca&s;e made in the time of Queen <HI>Elizabeth,</HI> &s;hall be di&s;charged from all penalties of Recu&s;ancy, &s;o long as he continues in &s;uch obedience and conformity.</P>
<P>The heir of any Recu&s;ant, who is no Recu&s;ant, &s;hall not incur any penalty for the Recu&s;ancy of his ance&s;tor; if at the death of any Recu&s;ant the heire of the Recu&s;ant be a Recu&s;ant, and after become conformable to the Lawes and Ordinances of the Church, and take the oath of Supremacy made in the fir&s;t yeere of Q. <HI>Eliz,</HI> before the Archbi&s;hop or Bi&s;hop of the Dioce&s;s, then every &s;uch heir &s;hall be di&s;charged of all penalty hapning in re&s;pect of the Re|cu&s;ancy of his Ance&s;tor.</P>
<PB N="246" REF="187">
<P> If the Heire of any Recu&s;ant bee within the age of &s;ixteene yeeres at the death of his Ance&s;tor, and after become, or bee a Recu&s;ant, that then hee &s;hall not bee di&s;charged from the penalty of Recu&s;ancy, untill hee &s;ubmit to the Lawes and Ordinances of the Church, and take the &s;aid oath of Supre|macy in manner and form expre&s;&s;ed. <NOTE PLACE="marg">23 Eliz. <HI>cap.</HI> 1.</NOTE></P>
<P>Where any &s;ei&s;ure &s;hall be had of the 2 parts of any Lands or Tenements, &amp;c. for the not payment of the 20. l. due and payable for each moneth, ac|cording to the Statute in that ca&s;e lately made, * in &s;uch ca&s;e two third parts &s;hall goe to the payment of the &s;aid twenty pound <HI>a</HI> moneth, the third part &s;hall not be extended by the King, nor forfeited by the Recu&s;ant; where any &s;ei&s;ure hath beene made by the King, and the debt or duty by rea|&s;on of Recu&s;ancy not paid, then the King may continue the &s;ei&s;ure untill the re&s;idue of the debt be fully &s;atisfied and di&s;charged. The King and his Heirs &s;hall not &s;eize nor extend any third part de&s;cending to any &s;uch heirs, or any part thereof, either by rea&s;on of the Recu&s;ancy of &s;uch heir, or the Recu&s;an|cy of his Ance&s;tor.</P>
<P>Every per&s;on under the Kings obedience, which at any time (after the end of the &s;e&s;sion of that Parliament) &s;hall &s;end any childe, or other per&s;on under his Government, into any parts beyond the Seas, out of the Kings obedi|ence, to be re&s;ident in any Colledg, or hou&s;e of any popi&s;h Order or Pro|fe&s;&s;ion what&s;oever, or repair to the &s;ame to be in&s;tructed in the popi&s;h Reli|gion, or in any &s;ort to profe&s;&s;e the &s;ame, &s;hall for every &s;uch offence forfeit to the King the &s;umme of one hundred pounds, and every per&s;on, &s;o pa&s;&s;ing or &s;ent beyond the Seas, in re&s;pect of him&s;elfe or her &s;elfe only, and not in re&s;pect of his or her po&s;terity, be made incapable to inherit or purcha&s;e in a|ny of the Kings Dominions.</P>
<P>If any per&s;on borne in any of the Kings Dominions, at the making of this Act, were in any &s;uch hou&s;e or Colledg, to be in&s;tructed in the popi&s;h Reli|gion, and &s;hould not return into &s;ome of his Maje&s;ties Dominions within one yeere next after the &s;e&s;&s;ion of that Parliament, and &s;ubmit him&s;elf as is afore&s;aid, &s;hall be in re&s;pect of him&s;elfe only, and not in re&s;pect of his heirs and po&s;terity, utterly uncapable of inheriting or purcha&s;ing within any of the Kings Dominions. Provided that if any &s;uch per&s;on &s;hall afterward become obedient and conformable to the lawes and ordinances of the Church of <HI>England,</HI> and repaire to Church, according to the true intent of the &s;aid &s;ta|tutes and ordinances, and continue &s;o to doe; that then every &s;uch per&s;on &s;hall be di&s;charged of &s;uch di&s;ability.</P>
<P>No woman, nor any childe under the age of twenty one yeeres (except Saylors and Ship-boyes, or the Apprentice or Factor of &s;ome Merchant in trade of Merchandize) &s;hall be permitted to pa&s;&s;e over the Seas (without Li|cen&s;e from the King, or &s;ix or more of the privy Councell under their hands) upon paine that the officers of the Port that willfully or negligently did &s;uf|fer any &s;uch to pa&s;&s;e, and did not enter the names of &s;uch pa&s;&s;engers &s;o licen|&s;ed, &s;hall forfeit their office, and all their goods and chattels and that every owner of any &s;hip or ve&s;&s;ell that &s;hall willfully carry over &s;eas any &s;uch per&s;on without licen&s;e, &s;hall forfeit his &s;hip or ve&s;&s;ell and all the tackle: and every Mr. or Mariner, of or in any &s;uch &s;hip offending as afore&s;aid &s;hall forfeit all their goods, and &s;uffer impri&s;onment by the &s;pace of 12 moneths, without baile or mainprize.</P>
<P>No per&s;on &s;hall keepe any Schoole, or be a Schoole-ma&s;ter, out of any of
<PB N="247" REF="187"> the Univer&s;ities or Colledges of this Realme, except it bee in &s;ome publick or free Grammer-Schoole, or in &s;ome &s;uch Noblemans or Noblewomans, Gentlemans or Gentlewomans hou&s;e, as are not Recu&s;ants, or where the &s;aid &s;ame Schoole-Ma&s;ter &s;hall not be licen&s;ed by the Archbi&s;hop, Bi&s;hop, or Guardian of the Spiritualties of that Dioce&s;&s;e, upon paine that as well the &s;choole-ma&s;ter, as the party that entertains him, &s;hall forfeit for every day &s;o offending the &s;um of forty &s;hillings, the one halfe to the King, the other to him who &s;hall &s;ue for the &s;ame, in any of the Kings Courts of Record in <HI>We&s;tmin&s;ter,</HI> by Action of Debt, Bill, Plaint, or Information, in which no E&s;&s;oine, Protection or wager of Law &s;hall be allowed.</P>
<P>Becau&s;e &s;ome popi&s;hly affected did repaire to Church monethly, where|by <NOTE PLACE="marg"><HI>Stat. Anno.</HI> 3. <HI>Jac. cap.</HI> 4.</NOTE> they did evade the penalties impo&s;ed by precedent Parliaments, as is al|ledged; It was therefore Enacted That if any Recu&s;ant &s;o conformed, &s;hall not once a yeere at lea&s;t after the Se&s;&s;ion of Parliament receive the Sacra|ment, in the Church of that pari&s;h where he or &s;he u&s;ually abides, or if there be no Church, then in the Church next adjoyning, &s;hall forfeit for the fir&s;t yeere the &s;umme of twenty pounds, for the &s;econd yeere forty pounds, and for every yeere after the &s;umme of &s;ixtie pounds, untill hee or &s;hee &s;hall re|ceive the Sacrament as afore&s;aid; and if he or &s;he, who hath received the Sacrament as afore&s;aid, &s;hall after offend in not receiving the Sacrament as afore&s;aid, by the &s;pace of one whole yeere, that then he &s;hall forfeit for eve|ry &s;uch offence the &s;umme of &s;ixty pounds, the one moity to the King, the other to him who will &s;ue for the &s;ame in any of the Courts of Record in <HI>We&s;tmin&s;ter,</HI> or before any Ju&s;tices of A&s;&s;ize, or before Ju&s;tices of Peace at their generall Quarter-Se&s;&s;ions, by Action of Debt, Bill, Plaint, or Information, wherein no E&s;&s;oyne, Protection or Wager of Law &s;hall be allowed.</P>
<P>The Churchwardens and Con&s;tables of every Towne, Pari&s;h or Chappel for the time being, or &s;ome one of them, or if there be none, then the chief Con&s;tables of the Hundred where &s;uch Town, Pari&s;h or Chappell is, or one of them, as well in places exempt as not exempt, &s;hall once every yeere, pre&s;ent the monthly ab&s;ence from Church of all popi&s;h Recu&s;ants, within &s;uch Townes and pari&s;hes, and &s;hall pre&s;ent the names of every of the chil|dren of the &s;aid Recu&s;ants, being above the age of nine yeeres, and (as neere as they can) the age of the &s;aid children, as al&s;o the names of the Servants of the &s;aid Recu&s;ants, at the next generall or quarter-Se&s;&s;ions of that &s;hire, limit, divi&s;ion or liberty.</P>
<P>All &s;uch Pre&s;entments &s;hall bee Recorded in the &s;aid Se&s;&s;ions, by the Clerke of the Peace, or Towne-clarke for the time being, without any Fee; and for default of every, &s;uch Pre&s;entment, the &s;aid Churchwardens, Con&s;tables, or High-con&s;tables &s;hall forfeit twenty &s;hillings, and for de|fault of recording &s;uch pre&s;entment without a Fee, the Clerke of the Peace, or Town-clerke &s;hall forfeit 40. s.</P>
<P>Every Pre&s;enement made by any Churchwarden, con&s;table or High-con|&s;table as afore&s;aid, whereby any Recu&s;ant &s;hall happen to be convicted, &s;hall be rewarded by having 40. s. to be levyed out of &s;uch Recu&s;ants goods and e&s;tate, in &s;uch manner as by the more part of the Ju&s;tices &s;hall be ordered by warrant under their hands and &s;eales.</P>
<P>The Ju&s;tices of A&s;&s;iize, and Ju&s;tices of Quarter-&s;e&s;&s;ions have power to heare and determine of all Recu&s;ants, as well for not receiving the Sacrament
<PB N="248" REF="188"> as for not coming to Church; and have al&s;o power to make Proclamation, that the body of every &s;uch offendor &s;hall be rendred to the Sheriff of the county, or the Baylif or keeper of the Goale of the liberty, before the next A&s;&s;izes, Generall or Quarter-&s;e&s;sions; and if then the offendor &s;hall not make his appearance upon Record, that every &s;uch default &s;hall be deemed as a &s;uf|ficient conviction by verdict of 12 men.</P>
<P>This Statute recites the penalties impo&s;ed by the 29 <HI>Eliz.</HI> 6. upon a Recu|&s;ant convict, and that every conviction &s;hall be certified into the Exchequer, as is in the &s;tatute of 23 <HI>El.</HI> 1. concerning Recu&s;ants monethly forfeitures; yet by this &s;tatute the King may refu&s;e the 20 l. a moneth, and take the 2 parts of the Recu&s;ants lands, yet the King &s;hall not take into his two parts the Man&s;i|on hou&s;e, nor &s;hall demi&s;e, nor lea&s;e over the 2 third parts, or any part thereof to any Recu&s;ant, nor to the u&s;e of any Recu&s;ant: and who&s;oever &s;hall take any lea&s;e of the King, of &s;uch lands, &s;hall give &s;uch &s;ecurity as the Court of Exchequer &s;hall allow, not to &s;uffer any wa&s;te to be committed up|on the Premi&s;&s;es.</P>
<P>For the better tryall how the Kings &s;ubjects &s;tand affected in point of loy|alty and due Obedience, it is Enacted, That after the end of the &s;e&s;&s;ion of Parliament, any Bi&s;hop of the Dioce&s;&s;e, or any two Ju&s;tices of peace, whereof one of the <HI>Quorum,</HI> within the juri&s;diction of their &s;e&s;&s;ions, may re|quire any per&s;on of the age of 18 yeeres or above, being or which &s;hall bee convict or indicted for any Recu&s;ancy (except noblemen and noble women) for not repairing to Divine &s;ervice according to law, or have not received the Sacrament twice within the yeere next pa&s;t, or any per&s;on pa&s;&s;ing through the County or Liberty and unknowne, (except as is before excepted) that being examined by them upon oath &s;hall confe&s;&s;e or not deny him&s;elf to be a Recu&s;ant, or &s;hall confe&s;&s;e or not deny that he hath not taken the Sacra|ment twice within the yeere to take this Oath hereafter upon the holy E|vangeli&s;ts, which &s;aid Bi&s;hop or two Ju&s;tices &s;hall certifie in writing &s;ub&s;cri|bed with his or their hands, at the next generall or Quarter-&s;e&s;&s;ions, the Chri&s;tian name, Sirname and place of abode of every per&s;on which &s;hall take the &s;aid Oath; which Certificate &s;hall be there Recorded and kept among Records of the &s;aid &s;e&s;&s;ions.</P>
<P>If any per&s;on (other then noblemen and noble women) &s;hall refu&s;e to an|&s;were upon Oath to &s;uch Bi&s;hop or Ju&s;tices of Peace, or take the &s;aid Oath duely tendred, then the &s;aid Bi&s;hops or Ju&s;tices of Peace &s;hall commit the &s;ame per&s;on to the common Goale without Baile or Mainprize, untill the next A&s;&s;izes or quarter Se&s;&s;ions, where the &s;aid Oath &s;hall be againe tendred unto them by the Ju&s;tices of Affize or Ju&s;tices of Peace, or the greater part of them; and if &s;uch per&s;on &s;hall then refu&s;e to take the Oath, he &s;hall incur the penalty of a <HI>praemunire,</HI> except women Covert, who upon refu&s;all &s;hall only be committed to the common Goale there to remain without bail or main|prize, untill they take the &s;aid Oath.</P>
<P><HI>The Tenour of the Oath.</HI></P>
<Q><P><HI>I A. B,</HI> Doe truly and &s;incerely acknowledg, profe&s;&s;e, te&s;tify and declare in my Con&s;cience before God and the World, that our Soveraign Lord King <HI>James</HI> is lawfull and rightfull King of this Realm, and of all other his Maje&s;ties Domi|nions and Countries, and that the Pope neither of him&s;elfe, nor by any Authority
<PB N="249" REF="188"> of the Church or See of <HI>Rome,</HI> or by any other meanes with any other, hath any power or authority to depo&s;e the King, or to di&s;po&s;e of any of his Maje&s;ties King|domes or Dominions, or to authorize any forreigne Prince to invade or annoy him or his Countries, or to di&s;charge any of his &s;ubjects of their Allegiance and Obedience to his Maje&s;ty, or to give licence or leave to any of them to beare Arms or rai&s;e tumults, or to offer any violence or hurt to his Maje&s;ties Royall Per&s;on, State or Government, or to any of his Maje&s;ties Subjects within his Maje&s;ties Dominions.</P>
<P>Al&s;o, I &s;weare from my heart, that notwith&s;tanding any Declaration or Sen|tence of Excommunication or Deprivation made or granted, or to be made or granted by the Pope or his Succe&s;&s;ors, or by any authority derived, or pre|tended to be derived from him or his See again&s;t the &s;aid King, his Heires and Sucee&s;&s;ors, or any ab&s;olution of the &s;aid Subjects from their obedience: I will beare faith and true Allegiance to his Maje&s;ty, his Heirs and Succe&s;&s;ors, and him and them will defend to the uttermo&s;t of my power, again&s;t all con&s;piracies and attempts what&s;oever, which &s;hall be made again&s;t his or their Per&s;ons, their Crowne and Dignity, by rea&s;on or colour of any &s;uch Declaration or Sentence, or otherwi&s;e, and will doe my endeavor to di&s;clo&s;e and make known unto his Maje|&s;ty his Heirs and Succe&s;&s;ors, all Trea&s;ons and Traitrous Con&s;piracies, which I &s;hall know or heare of, to be again&s;t him or any of them.</P>
<P>I doe farther &s;weare, That I doe from my heart abhorre, dete&s;t and abjure as impious and Hereticall, this damnable Doctrine and Po&s;ition, That Princes which be excommunicated or deprived by the Pope, may be depo&s;ed or murdered by their Subjects or any other what&s;oever.</P>
<P>And I doe beleeve, and in my Con&s;cience am re&s;olved, That neither the Pope nor any per&s;on what&s;oever, hath power to ab&s;olve me of this Oath, or any part ther|of, which I acknowledg by good and full authority to be lawfully mini&s;tred unto me, and doe renounce all Pardons and Di&s;pen&s;ations to the contrary. And all the&s;e things I doe plainly and &s;incerely acknowledg and &s;weare, according to the&s;e expre&s;&s;e words by mee &s;poken, and according to the plaine and common &s;en&s;e and under&s;tanding of the &s;ame Words, without any Equivocation or mentall Eva&s;ion, or &s;ecret re&s;ervation what&s;oever, And I doe make this Recognition and acknowledgment heartily, willingly and truly, upon the Faith of a Chri&s;tan.</P>
<P><HI>So helpe me God.</HI></P></Q>
<P><HI>Unto which Oath, &s;o taken, the &s;aid Per&s;on &s;hall &s;ub&s;cribe his or her name or marke.</HI></P>
<P><HI>No Indictment to be had or found for not repairing to Church, or for not receiving the Sacrament according to Law, nor any Proclamation, Out|lawry or other proceeding thereupon &s;hall be avoyded, di&s;charged, rever&s;ed for default of forme (other then by direct Travers to the point of not coming to Church, or not receiving the &s;aid Sacrament.)</HI></P>
<P><HI>If any Per&s;on &s;o Indicted, afterward &s;ubmit and conform him&s;elfe, and become obedient to the Lawes of the Church of</HI> England, <HI>and heare Divine Service according to the Statute in that ca&s;e made, and publiquely receive the Sacrament, according to the Lawes of this Realm, that then every &s;uch per&s;on may rever&s;e and di&s;charge the &s;aid Indictment.</HI></P>
<P><HI>Every &s;ubject of this Realme, that &s;hall pa&s;&s;e out of this Realme, and voluntarily &s;erve any forreign Prince, State or Potentate, not having taken this Oath, as afore&s;aid, &s;hall be a felon.</HI></P>
<P><HI>If any Gentleman, or per&s;on of higher degree, or any per&s;on or per&s;ons</HI>
<PB N="250" REF="189"> <HI>which hath born, or &s;hall bear any office of Captain, Lieutenant or any o|ther Office in Camp, Army or Company of Souldiers, &s;hall after volunta|rily &s;erve any foreign Prince, State, or Potentate, before he &s;hall become bound by obligation, with two &s;uch &s;ureties as &s;hall be allowed by the Of|ficers, which by this Act are limited to take &s;uch bond unto the King in the &s;umme of</HI> 20 <HI>l. at lea&s;t, with condition to the effect following, &s;hall be a Felon.</HI></P>
<DIV2 TYPE="section">
<HEAD><HI>The Tenor of the Condition followeth,</HI> viz.</HEAD>
<P>That if the within bounden, &amp;c. &s;hall not at any time then after be recon|ciled to the Pope or Sea of <HI>Rome,</HI> nor &s;hall enter into, or con&s;ent unto any practice, plot, or con&s;piracy what&s;oever again&s;t the Kings Maje&s;tie, his Heirs and Succe&s;&s;ors, or any of his or their E&s;tate or E&s;tates, Realms, or Domini|ons: but &s;hall within convenient time after knowledge thereof had, reveal &amp; di&s;clo&s;e to the Kings Maje&s;ty, his Heirs and Succe&s;&s;ors, or &s;ome of the Lords of his or their honorable Privie Councell, all &s;uch practices, plots and con|&s;piracies; That then this obligation to be void.</P>
<P>The Cu&s;tomer and Controller of every Port, Haven, or Creek, or one of them and their Deputies, and none other, may receive &s;uch Bond to the u&s;es afore&s;aid, and mini&s;ter the Oath afore&s;aid (taking for &s;uch bond &s;ix pence and no more, and for &s;uch oath nothing) which &s;aid Cu&s;tomer and Controller &s;hall Regi&s;ter and certifie &s;uch Bond and Oath &s;o taken, into the Exchequer at <HI>We&s;tmin&s;ter</HI> once every year, upon penalty of 5 l. for every Bond not &s;o certified, and 20 s. for every Oath not &s;o certified.</P>
<P>If any per&s;on put in practice to ab&s;olve or per&s;wade any of the Kings Subjects from their naturall obedience to his Maje&s;ty, either within or with|out the Dominions, or upon the Sea, &amp;c. or to reconcile them to the Pope or Sea of <HI>Rome,</HI> or any other Prince, State or Potentate; that then every &s;uch per&s;on, their Aiders, Coun&s;ellors and Abettors &s;hall be adjudged Trai|tors; and every per&s;on which &s;hall willingly be ab&s;olved or reconciled as a|fore&s;aid, &s;hall be adjudged a Traitor.</P>
<P>The la&s;t branch &s;hall not extend to any per&s;on which &s;hall be only recon|ciled to the Pope or See of <HI>Rome,</HI> and &s;hall return into this Realm, and with|in &s;ix dayes after, before the Bi&s;hop of the Dioce&s;s, or two Ju&s;tices of Peace joyntly or &s;everally, &s;ubmit him&s;elf to his Maje&s;ties Lawes, and take the Oath of Supremacy made in the fir&s;t year of the Queen, * and al&s;o the <NOTE PLACE="marg"><HI>Cap.</HI> 1.</NOTE> Oath mentioned in this Statute. Where Oathes are &s;o taken the Bi&s;hop and Ju&s;tices &s;hall at the next Generall or Quarter-&s;e&s;&s;ions certifie, upon the pe|nalty of fourty pound.</P>
<P>All per&s;ons who offend again&s;t this branch of the Statute &s;hall be indicted and tried by the Ju&s;tices of A&s;&s;ize and Goal-delivery of that County for the time being, or before the Ju&s;tices of the Kings Bench, and there be proceeded again&s;t according to the Laws, again&s;t Traitors, as if the offence had been committed in the &s;ame County.</P>
<P>If any Peer of the Realm &s;hall happen to be indicted of any offence made Trea&s;on by this Act, he &s;hall be tried by his Peers.</P>
<P>If any per&s;on &s;hall not re&s;ort weekly to &s;ome u&s;uall place of Divine Ser|vice, any Ju&s;tice of Peace in the Limit, Divi&s;ion or Liberty, where &s;uch per|&s;on &s;hall dwell, may give a Warrant to the Churchwarden of the Pari&s;h, upon proof or confe&s;&s;ion made before him, to levy twelve pence for every
<PB N="251" REF="189"> &s;uch default, by di&s;tre&s;&s;e, and &s;ale of the Goods of the offendor; and for de|fault of &s;uch di&s;tre&s;s the &s;aid Ju&s;tice may commit the offendor to pri&s;on un|till payment be made.</P>
<P>No man &s;hall be impeached upon this clau&s;e, except it be within one mo|neth after &s;uch default made.</P>
<P>No man being puni&s;hed according to this branch, &s;hall for the &s;ame of|fence be puni&s;hed by forfeiture of twelve pence, upon the Law made in the fir&s;t year of Queen <HI>Eliz.</HI></P>
<P>This Statute repeals the two branches of 35 <HI>Eliz.</HI> 1. the fir&s;t beginning, [and for that every per&s;on having hou&s;e or family, is in bounden duty to have &s;peciall regard of the Goal governance and ordering of the &s;ame] and &s;o forth to the next clau&s;e, beginning thus [provided neverthele&s;&s;e that this Act &s;hall not in any wi&s;e extend to puni&s;h or impeach any per&s;ons for relie|ving, &amp;c.] ending with the&s;e words [any thing in this Act contained to the contrary notwith&s;tanding.]</P>
<P>In lieu whereof every per&s;on which &s;hall willingly maintain, relieve, or keep in his hou&s;e any &s;ervant, &s;ojourner or &s;tranger, which &s;hall not repair to &s;ome u&s;uall place of Divine &s;ervice according to Law, by the &s;pace of one moneth, not having a rea&s;onable excu&s;e, &s;hall forfeit ten &s;hillings for every &s;uch moneth.</P>
<P>Every per&s;on which &s;hall retain in &s;ervice, &s;ee, or livery any per&s;on, which &s;hall forbear to goe to &s;ome u&s;uall place of Divine &s;ervice by the &s;pace of a moneth, &s;hall forfeit for every &s;uch moneth, he knowing the &s;ame, the &s;umme of ten pounds.</P>
<P>This Act &s;hall not extend to puni&s;h any per&s;on for maintaining, relieving or harbouring his Father or Mother, wanting without fraud any other habi|tation, or &s;ufficient maintenance, or the ward of any per&s;on committed by au|thority to the cu&s;tody of any by whom they &s;hall be &s;o relieved, maintained or kept.</P>
<P>The Sheriff, or other Officer upon lawfull Writ, Warrant or Proce&s;&s;e to him awarded to take or apprehend any Popi&s;h Recu&s;ant, &s;tanding excom|municated for recu&s;ancy, may break open the hou&s;e where any &s;uch per&s;on excommunicated &s;hal be, or rai&s;e the power of the County for apprehending &s;uch per&s;on.</P>
<P>Every offence committed again&s;t this Act may be heard and determined before the Ju&s;tices of the Kings Bench, and Ju&s;tices of A&s;size: And all of|fences other than Trea&s;on &s;hall be enquired, heard and determined before the Ju&s;tices of Peace in their next Generall and Quarter-&s;e&s;sions.</P>
<P>No <HI>attainder</HI> of Felony by this Act &s;hall extend to forfeiture of Dower or corruption of blood.</P>
<P>The Defendant in any action commenced or brought again&s;t him by vir|tue of any thing in this Act, may plead to the generall I&s;&s;ue, by an Evidence that &s;hall prove his doings or proceedings warrantable by this Law.</P>
<P>This Act nor any thing contained therein is &s;aid not to extend to take a|way or abridge any authority or juri&s;diction of Eccle&s;ia&s;ticall cen&s;ures.</P>
<P>No per&s;on &s;hall be charged in any penalty by force of this Act, which &s;hall happen for the wifes offence in not receiving the Sacrament during her Marriage, nor any woman &s;hall be charged with any penalty for not recei|ving, during Marriage.</P>
<P>In all ca&s;es where the Bi&s;hop or Ju&s;tices of Peace by virtue of this Act
<PB N="252" REF="190"> may take of any Subject (not a Nobleman) this oath above mentioned. The Lords of the Privie Councell, or any 6 of them, where of the Lord Chancel|lor, Lord Trea&s;urer, or principle Secretary to be one, have authority to re|quire the &s;ame at any time of any Noble-man or Noble-woman (being a|bove the age of 18. years) and if &s;uch Noble-man or Noble-woman (other then the woman married) refu&s;e the &s;ame, they &s;hall incurre the penalty of a <HI>Premunire.</HI></P>
<P>Where any per&s;on &s;hall pa&s;s out of the Cinque-Ports, or any member thereof, to any parts beyond the &s;eas, to &s;erve any foreign Prince, State, or Potentate, the Lord Warden of the Cinque-Ports for the time being, or any per&s;on by him appointed, have power to take bond, and mini&s;ter this oath to &s;uch pa&s;&s;engers.</P>
<P>If any man di&s;cover any Recu&s;ant or other per&s;on which &s;hall entertain or <NOTE PLACE="marg"><HI>Stat. Annn.</HI> 3 Jac. <HI>cap.</HI> 5.</NOTE> relieve any Je&s;uit, Seminary or Popi&s;h Prie&s;t, or &s;hall di&s;cover any Ma&s;s to have been &s;aid, and the per&s;ons which were pre&s;ent, and the Prie&s;t, or any that were pre&s;ent within three daies, &s;hall not only be freed from any penal|ty, but &s;hall have the third part of the forfeiture of all &s;uch &s;ummes of mo|ney, goods and chattels, which &s;hall be forfeited for &s;uch offence, (if the forfeiture exceed not 150 l. if it doth exceed 150 l. then the di&s;coverer to have 50 l.) and the di&s;coverer after conviction of the offendor, &s;hall have a certificate from the Judges or Ju&s;tices of Peace before whom &s;uch convi|ction &s;hall happen to be, directed to the Sheriffe, or other Officer that &s;hall &s;eize the goods, commanding him to pay the &s;ame accordingly.</P>
<P>No Popi&s;h Recu&s;ant &s;hall come into the hou&s;e where the King, or the Heir apparent &s;hall be, unle&s;&s;e commanded by the King, or by Warrant from the Lords of the privy Councell, upon penalty of one hundred pound, the one moity to the King, the other to the di&s;coverer, who will &s;ue for the &s;ame in any Court of Record, where no E&s;&s;oine, Protection or Law Gager &s;hall be allowed.</P>
<P>All convicted Popi&s;h Recu&s;ants dwelling in <HI>London,</HI> or within five miles within three moneths after the Se&s;&s;ion of Parliament, &s;hall depart out of it, and not dwell within ten miles, and deliver up their names to the Lord Ma|jor if they dwell in <HI>London;</HI> and if &s;uch Recu&s;ant &s;hall dwell within ten miles of <HI>London,</HI> to deliver up his name to the next Ju&s;tice of Peace within fourty dayes after the Se&s;&s;ion of Parliament, upon the penalty of one hun|dred pounds, the one halfe to the King, the other to him who will &s;ue as a|fore&s;aid.</P>
<P>All Recu&s;ants which &s;hall dwell or remain in <HI>London,</HI> or within ten miles thereof, &s;hall within ten dayes after indictment or conviction depart out of the &s;aid compa&s;s, and deliver up their names to the Lord Mayor. In ca&s;e the &s;aid Recu&s;ant &s;hall dwell in any County within ten miles of <HI>London,</HI> then within ten daies after conviction or indictment, &s;hall give up his name to the next Ju&s;tice of peace, the per&s;on offending &s;hall forfeit one hundred pounds, the one halfe to the King, the other to the Informer as afore&s;aid.</P>
<P>Trade&s;men Recu&s;ants who have no other habitation, may continue with|in <HI>London,</HI> and the compa&s;s of ten miles.</P>
<P>This Act repeals that branch of the 35 <HI>Eliz. cap.</HI> 2. touching licence of Recu&s;ants to remove or pa&s;s above five miles from their place of abode.</P>
<P>The King or three or more of the Privy Councell under their hands may licence a Recu&s;ant to travell out of the compa&s;s of five miles. So may
<PB N="253" REF="190"> four Ju&s;tices of Peace of the County, with the privity of the Bi&s;hop of the Dioce&s;&s;e in writing, or of the Lieutenant, or any of the Deputy Lieu|tenants, the party taking his corporall oath that he truly informes them of the cau&s;e of his journey, and making no cau&s;le&s;s &s;tayes.</P>
<P>No convict Recu&s;ant &s;hall practi&s;e the Common Law as a Councellor, Clerk, Atturney or Solicitor; nor &s;hall practice the Civill Law as Advo|cate or Proctor; nor practi&s;e Phy&s;ick, nor be an Apothecary, nor &s;hall be Judge, Mini&s;ter, Clerk or Steward of any Court, nor keep any Court, nor &s;hall be Regi&s;ter or Town-clerk, or other Mini&s;ter or Officer in any Court, nor &s;hall bear Office, as Captain, Lieutenant, Corporall, Sergeant, Aun|cient-bearer, or other Office in Camp, Troop, Band or Company of Soul|diers; nor bear any office in any Ship, Ca&s;tle or Fortre&s;&s;e of the Kings, upon penalty of one hundred pounds to be forfeited as afore&s;aid.</P>
<P>No popi&s;h Recu&s;ant convict, or having a Wife convict, &s;hall bear any publick office in the Common-wealth.</P>
<P>Every married woman being a Recu&s;ant convict (her husband not being convict) &s;hall forfeit 2. third parts of her Joynture and Dower during her life, and be made uncapable of being Executrix, or Admini&s;tratrix to her husband.</P>
<P>Every Popi&s;h Recu&s;ant convict &s;hall be deemed as a per&s;on excommuni|cated &s;o long as he continues not conformable, and not come to Divine &s;er|vice, and receive the Sacrament, and take the oath appointed by this Par|liament in the fir&s;t chap.</P>
<P>Yet &s;uch Recu&s;ant may &s;ue for &s;uch of his Lands, Tenements, &amp;c. and for the profits thereof, which are not &s;eized into the Kings hands for his Recu&s;ancy or any part thereof.</P>
<P>Every covicted Popi&s;h Recu&s;ant not married in &s;ome open Church or Chappel, or otherwi&s;e then according to the Church of <HI>England,</HI> by a Mini&s;ter lawfully authorized, &s;hall be di&s;abled to have any e&s;tate of Free|hold by Curte&s;ie of <HI>England.</HI> And every woman being a popi&s;h Recu&s;ant convict, which &s;hall be married in other form then as afore&s;aid, &s;hall be di&s;|abled not only to claim any Dower or Joynture, but al&s;o the Widowes E|&s;tate and Frankbanck in any cu&s;tomary Lands whereof her Husband di|ed &s;eized, and likewi&s;e from having part of her husbands goods by virtue of any cu&s;tome of any County, City, or Place. And if a man be married con|trary to the true intent of this Statute to a woman who hath no Lands or Tenements whereby he may become Tenant by Curte&s;ie, he &s;hall forfeit 100 l. to be paid as afore&s;aid.</P>
<P>Every Popi&s;h Recu&s;ant, which &s;hall have a child born, and &s;hall not with|in a moneth after cau&s;e it to be baptized by a lawfull Mini&s;ter, according to the Lawes of the Realm in &s;ome u&s;uall place of Bapti&s;me: or if by infirmi|ty the child cannot be brought to &s;uch place, then to be baptized by &s;ome Mini&s;ter within the moneth, if he beliving by the &s;pace of a moneth, or if he be dead, then Mother of &s;uch Child &s;hall for every &s;uch offence forfeit one hundred pound, one third part to the King, the other to the Informer who will &s;ue for it, the other third part to the poor of the &s;aid Pari&s;h, to be recovered in any of the Kings Courts, wherein no E&s;&s;oine, &amp;c. &s;hall be al|lowed.</P>
<P>If any Popi&s;h Recu&s;ant not being excommunicated &s;hall be buried in any place other then the Church or Church-yard, or not according to the Ec|cle&s;ia&s;ticall
<PB N="254" REF="191"> Lawes of the Realm: That the Executors or Admini&s;trators of every &s;uch per&s;on &s;o buried, knowing the &s;ame, or the party that &s;o burieth him &s;hall forfeit twenty pounds to be paid as afore&s;aid.</P>
<P>If the children of any of the Subjects within this Realm (the &s;aid children not being Souldiers, Mariners, Merchants, or their Apprentices or Factors) &s;hall be &s;ent, or goe beyond &s;eas without licence of the King, or &s;ix of the Privy Councell (whereof the principall Secretary to be one) under their hands and &s;eals, that very &s;uch child &s;hall take no benefit by any gift, con|veyance, de&s;cent, devi&s;e or otherwi&s;e, untill he being above the age of eigh|teen years take the oath mentioned in an Act made that Se&s;&s;ion, intituled <HI>An Act for the better di&s;covery and repre&s;sing Popi&s;h Recu&s;ants, &amp;c.</HI> before &s;ome Ju&s;tice of Peace of the County where &s;uch Parents of &s;uch Children as &s;hall be &s;ent, did or &s;hall inhabit: In the mean time the next of kin, who is no popi&s;h Recu&s;ant, &s;hall enjoy all the &s;aid Lands, &amp;c. untill the per&s;on &s;o &s;ent &s;hal conforme him&s;elf and take the &s;aid oath, &amp; receive the Sacrament of the Lords Supper; and then he who hath received any profit as afore|&s;aid, &s;hall re&s;tore the goods or value to him, who &s;hall &s;o conform him&s;elf: He that &s;hall &s;o &s;end his child beyond &s;eas, &s;hall forfeit one hundred pounds to be recovered as afore&s;aid.</P>
<P>No convict popi&s;h Recu&s;ant &s;hall pre&s;ent to a Benefice with Cure, Pre|bend, or grant an Advow&s;on, or collate or nominate to any Free-&s;chool, or Donative what&s;oever.</P>
<P>The Chancellor and Scholars of the Univer&s;ity of <HI>Oxford,</HI> when any &s;uch become void, &s;hall have the nomination, pre&s;entation, collation and Donation of any &s;uch Benefice, Prebend, or Eccle&s;ia&s;ticall Living, School, Ho&s;pitall and Donative, in the Counties of <HI>Oxford, Kent, Middle&s;ex, Su&s;|&s;ex, Surrey, Hamp&s;hire, Bark&s;hire, Buckingham&s;hire, Glouce&s;ter&s;hire, Worce|&s;ter&s;hire, Stafford&s;hire, Warwick&s;hire, Wilt&s;hire, Somer&s;et&s;hire, Devon&s;hire, Cornwall, Dorcet&s;hire, Hereford&s;hire, Northampton&s;hire, Pembroke&s;hire, Car|marthen&s;hire, Brecknock-&s;hire, Monmoth&s;hire, Cardigan&s;hire Montgomery&s;hire,</HI> and the City of <HI>London,</HI> &s;o long as the Patron &s;hall remain a Recu&s;ant con|vict.</P>
<P>The Chancellor &amp; Scholars of the Univer&s;ity of <HI>Cambridge</HI> &s;hall have pre|&s;entation, &amp;c. to all &s;uch Benefices afore&s;aid being in the Counties of <HI>E&s;&s;ex, Hertford&s;hire, Bedford&s;hire, Cambridg&s;hire, Huntington&s;hire, Suffolk, North|folk, Lincoln&s;hire, Rutland&s;hire, Leice&s;ter&s;hire, Derbi&s;hire, Notingham&s;hire, Shrop&s;hire, Che&s;hire, Lanca&s;hire, York&s;hire,</HI> the County of <HI>Durham, Northum|berland, Cumberland, We&s;tmorland, Radnor&s;hire, Denby&s;hire, Flint&s;hire, Carnarvon&s;hire, Angle&s;ey&s;hire, Merioneth&s;hire, Glamorgan&s;hire,</HI> &s;o long as the Patron &s;hall continue a Recu&s;ant convict.</P>
<P>If the Chancellor and Shollars of either Univer&s;ity &s;hall nominate or pre|&s;ent <NOTE PLACE="marg"><HI>Quaere</HI> who &s;hal have the next pre&s;entation &amp; nomination.</NOTE> to any &s;uch Benefice, &amp;c. any per&s;on who hath any other Benefice with cure of &s;ouls, every &s;uch nomination and pre&s;entation &s;hall be void.</P>
<P>A convicted Recu&s;ant &s;hall neither be Executor, or Admini&s;trator, nor Gaurdian in Chivalry or Socage.</P>
<P>The next of kin of the children of Recu&s;ants convict, to whom the E&s;tate cannot de&s;cend, who &s;hall u&s;ually re&s;ort to Divine Service according to the Lawes, and receive the Sacrament, &s;hall have the Guard and education of the children, and of the Lands and Tenements holden in Knights-&s;ervice, untill the full age of 21 years; and of the Lands in Socage, as Guardian in
<PB N="255" REF="191"> Socage; and of Cu&s;tomary Lands by copy of Court Roll, &s;o long as the cu&s;tome &s;hall permit the &s;ame, and in every of the &s;aid places &s;hall yeeld an account of the profits to the Ward.</P>
<P>All Grants of Wards either of the King or any other, to any Popi&s;h Re|cu&s;ant &s;hall be void.</P>
<P>No per&s;on &s;hall bring from beyond Sea, print, &s;ell, or buy any Popi&s;h Pri|mers, Ladies P&s;alters, Manuels, Ro&s;aries, popi&s;h Catechi&s;ms, Mi&s;&s;als, Brevi|aries, Portals, Legends and lives of Saints, containing &s;uper&s;titious matter, upon penalty of fourty &s;hillings to be forfeited as afore&s;aid, <HI>viz.</HI> one third part to the King, an other to the Informer who will &s;ue, the other to the poor of the Pari&s;h where &s;uch book &s;hall be found.</P>
<P>Ju&s;tices of peace in their Limits, Mayors, Bayliffs &amp; chief Officers in Cor|porations, may &s;earch the hou&s; of every popi&s;h Recu&s;ant convict, &amp; the hou&s; and lodging of every per&s;on who&s;e wife is a popi&s;h Recu&s;ant convict, for po|pi&s;h books, and Relicks of Popery. And if any Altar, Pix, Beads, Pictures, or &s;uch like popi&s;h Reliques, or any popi&s;h books &s;hall be found, as in the opi|nion of &s;uch Officers &s;hall be thought unmeet for &s;uch Recu&s;ants, they &s;hall pre&s;ently be defaced and burnt, if meet to be burnt.</P>
<P>All Armour, Gunpowder and Munition what&s;oever any popi&s;h Recu&s;ant convict hath or &s;hall have, in his own hou&s;e, or in the hands of others, &s;hall be taken from them by warrant of four Ju&s;tices of peace at their Generall or Quarter-&s;e&s;&s;ions (other then &s;uch nece&s;&s;ary weapons as the four Ju&s;tices &s;hall think meet for defence of the &s;aid Recu&s;ants in defence of their hou&s;es) and the &s;aid Armour and Munition &s;o taken &s;hall be kept at the co&s;ts of the &s;aid Recu&s;ants, in &s;uch places as the four Ju&s;tices &s;hall appoint.</P>
<P>If any &s;uch Recu&s;ant which hath &s;uch armour, &amp;c. or any per&s;on who hath any &s;uch armour, &amp;c. for the u&s;e of &s;uch Recu&s;ant, &s;hall refu&s;e to de|clare unto the &s;aid Ju&s;tices of peace or any of them, or &s;hall hinder or di&s;turb any &s;uch Ju&s;tices, or any per&s;on authori&s;ed by them to &s;eize the &s;ame, &s;hall forfeit all &s;uch armour and amunition to the King, and beimpri&s;oned by war|rant from any of the Ju&s;tices of the County, during the &s;pace of three moneths, without bayl or mainprize.</P>
<P>This Act, nor any thing therein &s;hall not abridge the authority and juri&s;|diction of Eccle&s;ia&s;ticall cen&s;ures.</P>
<P>See Statute 6 <HI>anno</HI> 7 <HI>Jacobi,</HI> who &s;hall take the oath of obedience to the King, and by whom it &s;hall be mini&s;tred, and within what time.</P>
<P>If any married woman, being lawfully convict as a popi&s;h Recu&s;ant, for not coming to Church, &s;hall not within three moneths after &s;uch conviction conform her &s;elf, and repair to Church and receive the Sacrament according to Law, then &s;hall &s;hee be committed to pri&s;on by one of the Kings Privy Councell, if &s;he be a Barone&s;s; or if &s;he be under that degree, by two of the Ju&s;tices of the peace of the County, whereof one of the <HI>Quorum,</HI> without Bail or Mainpri&s;e, untill &s;he conform her &s;elf to come to Church, and re|ceive the Sacrament, unle&s;&s;e the Husband &s;hall pay to the King ten pounds a moneth, or the third part of his Lands and Tenements, &s;o long as the Wife remaining out of pri&s;on &s;hall continue a convicted Recu&s;ant, during which time (and no longer) &s;he &s;hall have her liberty.</P>
<P>If the giving of the temporall powers cognizance of crimes meerly &s;piri|tuall <NOTE PLACE="marg">Annot.</NOTE> be objected to <HI>Edw.</HI> 6. Queen <HI>Elizabeth</HI> and King <HI>James.</HI> I think no man will undertake to an&s;wer for all things done by men; yet thus much
<PB N="256" REF="192"> may be an&s;wered that it was no new thing, for the Statute of 2 <HI>H.</HI> 5. <HI>cap.</HI> 7. gives Ju&s;tices of peace and Ju&s;tices of a&s;&s;i&s;e full power and authority to en|quire of the&s;e, who hold Errors, Here&s;ies and Lollardy, and of their main|tainers; and that the Sheriff and other Officers may arre&s;t and apprehend <NOTE PLACE="marg"><HI>Anno</HI> 1. <HI>Se&s;&s;.</HI> 2. <HI>cap.</HI> 2.</NOTE> them: and that this was done by Queen <HI>Mary.</HI> See <HI>Mary.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD><HI>Of King</HI> James:</HEAD>
<P>AS there was never any Prince who had a more clear and undoubted <NOTE PLACE="marg">King <HI>James</HI> his Title and Re|ception.</NOTE> right and title to the Engli&s;h Diadem then King <HI>James</HI> (for be&s;ides that he was Heir to both Hou&s;es of <HI>York</HI> and <HI>Lanca&s;ter,</HI> as is mo&s;t truly ac|knowledged by both Hou&s;es of Parliament <HI>Anno</HI> 1. <HI>cap.</HI> 1. <HI>Jac.)</HI> he was de|rived by a long de&s;cent of Royall Ance&s;tors from <HI>Malcolm Conmor</HI> or <HI>Cam|more</HI> King of the Scots, and the Lady <HI>Margaret</HI> (being the name of her from whom the united Title of both Hou&s;es of <HI>York</HI> and <HI>Lanca&s;ter</HI> de&s;cended up|on him) Si&s;ter and &s;ole Heir of <HI>Edgar Atheling,</HI> Son and Heir of <HI>Edward,</HI> elde&s;t &s;on of <HI>Edmond</HI> &s;urnamed <HI>Iron&s;ide;</HI> &s;o that all titles as well of right of blood, as of conque&s;t, might &s;o truly be ultimately re&s;olved into him, that in the whole world no ju&s;t exception could be taken again&s;t them: &s;o never was any Prince received with &s;o little oppo&s;ition and contradiction, by all &s;orts of his Subjects both in <HI>England</HI> and <HI>Ireland;</HI> where all tho&s;e long rebellions and commotions, did expire with Queen <HI>Elizabeth;</HI> and in both Kingdomes all became &s;o pacate and calme, that during all his Reign in neither Nation was any &s;word drawn in oppo&s;ition to him.</P>
<P>There was &s;uch havock made in the Reign of <HI>H.</HI> 8. <HI>&amp; Ed.</HI> 6. of all Church <NOTE PLACE="marg">His care of the Church.</NOTE> Lands, upon pretence (for&s;ooth) of Reformation, that to &s;tay it there was a Law made in the fir&s;t of Queen <HI>Eliz. cap.</HI> 19. that all Gifts, Grants, Feof|ments, Fines and other Conveyances, made by any Arch-bi&s;hop or Bi&s;hop of any Honours, Ca&s;tles, Manors, Lands, Tenements, or other Heredita|ments, being parcell of the po&s;&s;e&s;&s;ion of his Arch-bi&s;hoprick, or Bi&s;hoprick, or united, or appertaining or belonging to any of the &s;ame, to any per&s;on (o|ther then the Queen her Heirs and Succe&s;&s;ors) whereby any E&s;tate &s;hould or might pa&s;s from the Arch-bi&s;hop, or Bi&s;hop other then for the term of 21 years, or three lives, re&s;erving the old Rent or more, &s;hall be utterly void. <HI>Cambden Eliz. Reg. pag.</HI> 36. takes notice of the great abu&s;e made by the Courtiers of that clau&s;e, or exception of the Queen, &amp;c. And indeed <HI>Wil|liam</HI> of <HI>Burley</HI> had by the Queens permi&s;&s;ion &s;o gelt the Bi&s;hoprick of <HI>Ely</HI> by virtue of this clau&s;e, that it lay void above twenty years before any man of abilities or hone&s;ty would take it &s;o pol'd and maimed, although &s;ome were conunitted to pri&s;on for refu&s;ing of it. But King <HI>James</HI> as his fir&s;t and chief|e&s;t care by an Act of Parliament in the fir&s;t year of his Reign <HI>cap.</HI> 3. made a Law that all a&s;&s;urances afterward made to the King of any of the Lands of Arch-Bi&s;hops or Bi&s;hops &s;hould be void; &s;o that the rapine and prey made upon the Church was fir&s;t re&s;trained totally by him.</P>
<P>King <HI>James</HI> was not only a devout ob&s;ervor of the Government, Rites <NOTE PLACE="marg">His care of Re|ligion.</NOTE> and Ceremonies of the Church of <HI>England,</HI> but made it one of his chiefe&s;t cares to have brought an Uniformity as well in <HI>Scotland</HI> as in <HI>England;</HI> and proceeded &s;o far as to &s;ettle Epi&s;copacy among them, naming thirteen new Bi&s;hops for &s;o many Epi&s;copall Sees as had been anciently in that Church; three of which received con&s;ecration from the Bi&s;hops of <HI>England,</HI> and con|ferred
<PB N="257" REF="192"> it on the re&s;t of their Brethren at their comming home: Which Bi|&s;hops he armed al&s;o with the power of an High Commi&s;&s;ion, the better to keep down the in&s;olent and domineering &s;pirit of the Presbyterians. In or|der to the other, he procured an Act to be pa&s;&s;ed in the A&s;&s;embly at <HI>A|berdeen</HI> 1616. for compo&s;ing a Liturgy, and extracting a new book of Ca|nons out of the &s;cattered Acts of their old A&s;&s;emblies. At the A&s;&s;embly held at <HI>Perth anno</HI> 1618. he obtained an Order for the receiving the Com|munion kneeling, for the admini&s;tring Bapti&s;me, and the Lords Supper in private hou&s;es in ca&s;es of extreme nece&s;&s;ity, for Epi&s;copall confirmation; and finally for the celebrating the Anniver&s;aries of our Saviours birth, his Pa&s;&s;ion, Re&s;urrection and A&s;cen&s;ion, and the coming down of the Holy Gho&s;t: all which he got confirmed in the following Parliament. So far did this wi&s;e King advance the work of Uniformity before his engaging in the cau&s;e of the <HI>Palatinate;</HI> his breach with <HI>Spain,</HI> and the warre which i&s;&s;ued thereupon did divert his thoughts.</P>
<P>To his peacefull di&s;po&s;ition, and his care of the Church and Religion, <NOTE PLACE="marg">His great lear|ning and cle|mency.</NOTE> in the next place may be truly added his great abilities in learning, &s;o far tran&s;cending, not only the Kings of the pre&s;ent age his contemporaries, but all his predece&s;&s;ors, and &s;urely &s;carcely to be paralled by any of his time, as his many learned works te&s;tifie. To the&s;e other virtues may be added a mind no wayes vindicative, although &s;ometimes tran&s;ported with pre&s;ent pa&s;&s;ion; yet of &s;ome &s;mall continuance that in per&s;on or e&s;tate he was never noted to puni&s;h any man ra&s;hly, or extrajudicially. And although he was no great lover of the Commons Lawes of this Land, yet a great a&s;&s;ertor of them, and in di&s;grace with him, would oftentimes affirm, that there was no time when|ever he could &s;peak rea&s;on, but the King would hear him. With the repu|tation of the&s;e virtues he governed the&s;e I&s;lands in greater peace, then po&s;|bly, in the ordinary nature of things, could be expected.</P>
<P>In the 3. year of his Reign, <HI>viz. Anno Dom.</HI> 1605. was a mo&s;t hainous and <NOTE PLACE="marg">The cau&s;e of the many Laws made again&s;t Popi&s;h Recu|&s;ants.</NOTE> vile attempt, intended not only again&s;t the very Per&s;on of the King, but e|ven of his Po&s;terity, which had not advanced the de&s;igne of the con&s;pira|tors, and the Church, and all the Nobility, (not of their faction) with the Commons in Parliament a&s;&s;embled. And the con&s;pirators had proceeded &s;o far, that they had not only made provi&s;ion to have effected their purpo&s;e; and intended the fifth of <HI>November</HI> (being the day for the convention of the Parliament after their Proroguement, and therefore probably expecting not only a more then u&s;uall convention both of the Lords and Gentry, but even of the King him&s;elf) to have blown up the Parliament Hou&s;e. But the de&s;igne being as fooli&s;h as de&s;perate, was di&s;covered the night before it &s;hould have been executed (although it is thought, that it was known even to the King him&s;elf, and the Earl of <HI>Salisbury</HI> before) as by accident; and &s;o had no other effect, then what the con&s;pirators might rea&s;onably have expected, had it &s;ucceeded, <HI>viz.</HI> ruine to them&s;elves (for their faction being &s;o very few in proportion to the re&s;t of the Nation, and without either money, Forts, or Army, in rea&s;on they could not have done any thing con&s;iderable in or|der to their further de&s;ignes) and &s;evere Lawes again&s;t all which might be &s;u&s;pected to be of their faction, to prevent any &s;uch further attempts.</P>
<P>It is true where <HI>Tacitus</HI> ob&s;erves, that the con&s;piracies of Subjects where <NOTE PLACE="marg">His defects and frailties.</NOTE> they &s;ucceed not, doe advance the Soveraignty, and verefied in this attempt of the Gunpowder-Trea&s;on: for how many Lawes were that Parliament,
<PB N="258" REF="193"> and afterward enacted again&s;t all Popi&s;h Recu&s;ants, we have before &s;hewed; yet &s;o it happened (and &s;o u&s;ually happens, when not carefully minded by Princes) that another faction, far more formidable both to King and Church, openly pretending a&s;&s;i&s;tance to the King and Church in per&s;ecuting this fa|ction, &s;ecretly acquired &s;trength to them&s;elves in &s;o doing. Nor was this un|&s;een by this wi&s;e King, (being naturally a greater enemy to the Faction per|&s;ecuting the per&s;ecuted) but either not having that magnanimity, which is &s;o requi&s;ite in a Soveraign, or apprehending he had not means &s;ufficient to goe through, he neglected to apply &s;uch medicines, as were nece&s;&s;ary to the curing of this Gangrene &s;o dilating it &s;elf both in Church, Court and State; but de&s;iring Peace, (e&s;pecially at home) although almo&s;t upon any termes, he rather &s;ought to repell the breaking out of Puritani&s;me during his Reign, then to eradicate it for the future. Add hereunto that being exce&s;&s;ively ad|dicted to Hunting; and not greatly loving the Common Lawes, and find|ing it impo&s;&s;ible to govern this Nation otherwi&s;e; and minding controver|&s;ies in Divinity more than the management of his temporall affaires: and though free from Sacriledge and Corruption in his per&s;on, yet carele&s;&s;e of it in his Favourites and Countrymen: and nothing &s;o prudent a Manager of the Revenues of the Crown as his Predece&s;&s;or, whereby being forced to recede from many of his Regalities, the Reins of Government both in Church and State, became &s;o loo&s;e that (in the ordinary nature of things) it was very difficult they &s;hould be rea&s;&s;umed by his Succe&s;&s;or.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="laws">
<HEAD><HI>Eccle&s;iasticall Laws made by King</HI> Charles.</HEAD>
<P>THere were &s;ome few Lawes made again&s;t Interludes, &amp;c. on the Lords day, and 10. groats penalty for offence, to be levied by Ju&s;tices and Con&s;tables, which a man may read in the fir&s;t <HI>Car.</HI> 1. <HI>&amp;</HI> 3 <HI>Car.</HI> 1.</P>
<P>There had never in any time been before this Kings Reign &s;o long Peace <NOTE PLACE="marg">The &s;tate of the Church &amp; State in the be+ginning of K. <HI>Charles</HI> his Reign.</NOTE> <HI>(viz.</HI> for neer 80 years) in this Nation as in the beginning of his Reign; but neither doth peace make mens minds peaceable, nor were things otherwi&s;e well di&s;po&s;ed for the continuance of it: for not only the zealous and ob&s;equi|ous duty which the Subjects paid to the Royall name in the per&s;on of Queen <HI>Elizabeth</HI> was quite dead, and almo&s;t forgotten; the great wi&s;edome and learning of his Father not to be hoped for in the tender years of the Son; the Exchequer without money; and yet the King engaged in a Warre again&s;t the Spaniard for recovery of the <HI>Palatinate:</HI> but the Puritan Faction (which Queen <HI>Elizabeth</HI> de&s;ired &s;o much to &s;uppre&s;&s;e, and &s;o much hated by his Fa|ther) was grown &s;o farre up in Church, State and Court, that in all they were far more numerous both in <HI>England</HI> and <HI>Scotland,</HI> and all forein Plan|tations, then all his other Subjects. Nor was the condition of <HI>Ireland</HI> bet|ter, for not only the Prote&s;tant party were jarring among them&s;elves, but the Popi&s;h intent upon their de&s;truction, which after they did execute in a terrible manner. To the&s;e may be added the government both in Church and State &s;o neglected, that the exerci&s;e of any Lawes to reduce them to conformity, would be imputed to have been Innovations and Tyranny. The Kings Councell either uncapable of giving coun&s;ell, or not faithfull to their Prince. Nor was there any thing left to oppo&s;e all the&s;e growing cala|mities, but the hopefull virtues of a young Prince (unacquainted in Tempo|rall
<PB N="259" REF="193"> affaires, and a &s;tranger to all worldly calamities) which are of no more power to protect him again&s;t &s;editious and rebellious Subjects, then the Lawes of God, and all which may be called &s;acred, will retain men in obe|dience, where they are not re&s;trained by a pre&s;ent coercive power. But the&s;e &s;tormes (which after brought this Saintlike Prince, and this wofull Church &amp; State to &s;o lamentable a condition as they lately lay under) did not breake out in the very beginning of his Reign, but in all three Nations did gather in|to &s;uch black clouds in all his reigne, that almo&s;t at once breaking forth in &s;uch a terrible Tempe&s;t, as, upon the matter, it &s;o overwhelmed King, Church and Government, that there was &s;carce any foot&s;teps of them left.</P>
<P>I had here de&s;igned to have in&s;erted a &s;hort Hi&s;tory of the chiefe occurren|ces of his Reigne, and by what degrees this &s;aint-like Prince became a victim to the rage and lu&s;t of his &s;editious &s;ubjects, and have the papers now by me; but in regard it mu&s;t needs rub &s;oares, which may rather in their tenderne&s;&s;e anger then ea&s;e them, and al&s;o becau&s;e the Hi&s;tory of his life hath been by o|thers more fully written, but mo&s;t of all, becau&s;e it is his Maje&s;ties plea&s;ure to have the memory of things rather buried in oblivion then renued, I &s;hall for|beare, and doe no more then give the de&s;cription of him, and &s;hew the con|&s;equence of his calamities.</P>
<DIV2 TYPE="section">
<HEAD><HI>The De&s;cription of King</HI> CHARLES.</HEAD>
<P>IT is a thing very worthy of great con&s;ideration, To thinke how the &s;in|gular virtues and eminent qualities of &s;o good and pious a Prince &s;hould come to &s;o cruell, &s;o unfortunate an end; for in him was all tho&s;e amiable qualities, which in another age would have rendred him reverenced and ad|mired: So &s;ingular Piety, <HI>That the Portracture of King</HI> CHARLES <HI>in his &s;ufferings,</HI> will be a Character of it beyond all expre&s;&s;ion but his own; &s;o ardent a zeale in Religion, that not any Regular in Religion was a more de|vout ob&s;erver of his Order, then the King was of the Rites and Liturgy of the Church; So free from Simony that the &s;u&s;picion of it in any man, (how de&s;erving &s;oever otherwi&s;e) was &s;ufficient bar from any advancement in the Church; So ju&s;t, that though he every day &s;aw the Puritan-faction budding out more formidably, both in Church or State, yet did he never proceede illegally or in an extrajudiciall manner again&s;t any man, before the &s;tormes of his Adver&s;aries broke out upon him on every &s;ide; So mercifull, that the Scoti&s;h Lord <HI>Balmerino An.</HI> 1634. being legally convict of Trea&s;on, was par|doned by him; Nor was <HI>Louden</HI> proceeded again&s;t for holding corre&s;pon|dency with the King of <HI>France,</HI> without the Kings privity, and giving him the Title of <HI>Du Roy:</HI> nor in all his Reigne (how formidable &s;oever the facti|on grew did he, before the war brake out again&s;t him, put any to death, except one in the <HI>Lambeth</HI> con&s;piracy, for fomenting and contriving the con&s;piracy again&s;t him: To the&s;e may be added a profound Judgement in the affaires both of Church &amp; State, how much it appeared in the former, ap|pears in the entercour&s;e between him and Ma&s;ter <HI>Hinder&s;on;</HI> nor was his Pietie to his Parents le&s;&s;e con&s;picuous, being truly the principall Mourner at his Mothers funerall, and cho&s;e rather to expre&s;&s;e the Piety hee owed to his Father, in attending his dead body to his grave, although contrary to the cu&s;tome of his predece&s;&s;ors, then to in&s;i&s;t upon nicities of State; So &s;in|gular
<PB N="260" REF="194"> was his conjugall love and cha&s;tity to his Queene, that a little before his death he commanded the Prince&s;&s;e <HI>Elizabeth,</HI> his daughter, to tell her Mother, that his thoughts had never &s;trayed from her, and that his love &s;hould be the &s;ame to the la&s;t: Jealous he was of the honour of the Engli&s;h Church and Nation, and well under&s;tanding that where mens mindes are not well knit in Religion, nothing will long keep their affections cemented: He had a great de&s;ire to have fini&s;hed King <HI>James</HI> his de&s;igne of uniting the Kirk of <HI>Scotland</HI> in an Uniformity with the Church of <HI>England,</HI> who had made &s;ome progre&s;&s;e in an A&s;&s;embly held at <HI>Aberdeen</HI> 1616. and afterward in another at <HI>Perth</HI> 1618. which King <HI>Charles</HI> got pa&s;&s;ed in Parliament of <HI>Scotland</HI> 1633. In him was a perpetuall love to the good, and an infinite de&s;ire of doing good to all.</P>
<P>The&s;e noble vertues and graces towards God, his Parents, Wife and Sub|jects, were adorned with mo&s;t eminent and &s;ingular per&s;onall vertues, and graces, as moderation in pro&s;perity, magnanimity in adver&s;ity; &s;o wonder|full patience, that after the fight of <HI>Cropredy-</HI>bridge, in his march after the Earl of <HI>E&s;&s;ex,</HI> it chanced that one of his Carriages brake in a narrow long Lane, where his Maje&s;ty was to pa&s;&s;e, and gave a &s;top to him at a time when a great &s;howre of rain happened to fall: &s;ome of them who were neer about him offered to hew out a way through the hedges with their &s;words, that he might get &s;ome &s;helter in the Villages adjoyning; but he re&s;olved not to for&s;ake the Canon upon any occa&s;ion; at which &s;ome &s;eeming to admire his patience, his Maje&s;ty lifting up his hat, &s;aid, <HI>That as God had given him afflictions to exerci&s;e his patience, &s;o he had given him patience to bear his af|flictions.</HI> So &s;evere an ob&s;erver of his words and actions, that he was never ob&s;erved to &s;ay any thing lightly or ra&s;hly, or in his per&s;onall actions did any thing which might render his per&s;on or authority contemptible: So tempe|rate, that in all his life he was never ob&s;erved di&s;orderly to exceed in eating or drinking; affable, yet con&s;erving the dignity of his Maje&s;ty to all men; free and open in his conver&s;ation, little practicing the only le&s;&s;on which <HI>Lewis</HI> the eleventh would learn his Son, <HI>Charles</HI> the ninth, <HI>Qui ne&s;cit di&s;simulare ne&s;cit regnare:</HI> So frugall, that though he had a Queen and plentifull I&s;&s;ue, and expended much more in repairing the Navy for recovering the Sove|raignty of the narrow &s;eas, then he received of his Subjects; and the Exche|quer left empty by his Father; yet he encrea&s;ed it before the fir&s;t Scoti&s;h expedition to a greater ma&s;s then was ever found &s;ince it was exhau&s;ted by <HI>Henry</HI> the Eighth: So elegant and pure a &s;tile he had in writing, that I ex|pect to live to &s;ee it as much imitated by Engli&s;hmen, as <HI>Cae&s;ar</HI>'s was among the Romans. Neither (which is no le&s;&s;e remarkable) were any of the&s;e vir|tues &s;tained with any &s;u&s;pected vice.</P>
<P>To the qualities of his mind were joyned Ornaments of his body every way an&s;werable; a venerable and gracious a&s;pect, yet be&s;t when he did not &s;peak; agility of members &s;o di&s;po&s;ed, that in riding the great Hor&s;e, run|ning the ring, vaulting, &s;hooting in the Crosbow, Musket, and &s;ometime the great Ordinance, He was thought to be the be&s;t Mark&s;man and com|lie&s;t manager of the great Hor&s;e of any man in the three Nations; nor was le&s;&s;e judicious in choo&s;ing a Winter Deere (which is one of the harde&s;t taskes of a Woodman) then excellent in &s;hooting a Deere. Dr. <HI>Harvey Gen. Anim. exerc.</HI> 64. <HI>pag.</HI> 422. <HI>propt. med.</HI> affirmes him to be delighted in ob&s;ervations the Dr. made of the cau&s;es of Generation, from his di&s;&s;ection
<PB N="261" REF="194"> and Anatomies of the Deere in <HI>Hampton-</HI>Court, &amp;c. but (whether wanting that magnanimity of looking dangers in the face upon their fir&s;t budding, which is &s;o nece&s;&s;ary to the con&s;ervation of Regality; or whether not having &s;ufficiently under&s;tood, that benefits conferred upon &s;editious men, never begot any obligation of gratitude upon them; but on the con|trary they alwaies make advantage of them to get more, untill (not having more to expect, grow jealous lea&s;t their benefactors might by &s;ome means better rea&s;&s;ume them, then they extort them) they hate them, which u&s;ually ends in the murder of Princes: but thinking to overcome his adver|&s;aries by his benefits, example and clemency; or to give &s;atisfaction to all Factions of his Subjects,) he preferred all Factions in his Court and Councell (though he excluded them out of the Church) whereby he gave vent to all the Factions, &s;o as the veneration of the Royal name became every day more contemptible, the Factions increa&s;ed daily more formidable, his coun&s;els became di&s;tracted and betrayed, and all the trea&s;ure he had gathered, con|&s;umed in the fir&s;t Northern expedition again&s;t the Scots; where having many advantages to have &s;ubdued them, he made a di&s;honorable peace with them, io the increa&s;e of their reputation, and lo&s;&s;e of his own; being de&s;ti|tute of trea&s;ure and the Scots no whit edified by his conce&s;&s;ions, the next year upon no cau&s;e, given by the King, they not only arm, but enter the Nation in open ho&s;tility; from his granting them their conce&s;&s;ions the Eng|li&s;h Faction urge his granting all things how di&s;honourable &s;oever, even to the &s;hedding of humane blood; nor would they have &s;tayed there, had not the Kings utmo&s;t nece&s;&s;ities put him upon other re&s;olutions of &s;eeking his pre&s;ervation otherwaies then by granting all the exerci&s;e of the <HI>Militia</HI> and Regalities to tho&s;e men, who made &s;o bad u&s;e of his precedent benefits and favours.</P>
<P><HI>Machivel</HI> in the 26. chap. <HI>lib.</HI> 1. <HI>de repub.</HI> advi&s;es every new Prince, that <NOTE PLACE="marg">The Kings cau&s;e was mo&s;t prudent, as well as ju&s;t.</NOTE> unju&s;tly po&s;&s;e&s;&s;es the City or Region of another, that by how much he un|der&s;tands him&s;elf more weak to con&s;erve his Empire, either by lawfull ru|ling, or by in&s;tituting a free Common-wealth; by &s;o much the more he in|tends this only, that as he is a new Prince, &s;o in his Principality he does in|novate all things: that he create new Magi&s;trates marked by new names, and to them he choo&s;e new men; that he di&s;tribute the goods of the rich to poor men, and make them rich: And as it is reported of King <HI>David,</HI> &s;o it may be &s;aid of him, <HI>He hath filled the hungry with good things, and the rich he hath &s;ent empty away, &amp;c.</HI> and the rea&s;on he gives, is, that no man in his Region that holds any thing, but mu&s;t confe&s;&s;e he obtained it of the Prince. But if he be &s;o great at policy in Princes, who unju&s;tly po&s;&s;e&s;&s;e anothers right, to innovate all things; then in rea&s;on, be&s;ides the ju&s;tne&s;s of it, there can be no greater prudence in Princes who reign by inherent birth-right, and to the wrong and prejudice of no man, to rule and govern by the old received and e&s;tabli&s;hed Lawes of the Nation; to innovate nothing (where there is no apparent nece&s;&s;ity) neither in Church or State, in Lawes or Re|ligion; yet who hath not &s;een the mo&s;t Saintlike and Glorious Monarch of the We&s;tern World (who&s;e right was derived from innumerable ance&s;tors, nor was there upon the face of the earth any one that could make any co|lourable pretence of right to his Crown) pro&s;ecuted, arraigned, condemned and executed by his own naturall Subjects, and his Queen and Po&s;terity ba|ni&s;hed, for no other rea&s;on but becau&s;e he did endeavour to have governed
<PB N="262" REF="195"> and protected them by the known and e&s;tabli&s;hed Lawes of the Nation? So little avails the skilfulne&s;s of the Pilot how good, great, or ju&s;t &s;oever, if the wind of divine favour, wherewith eternall providence governs mortall affaires, help not to bring our actions to their de&s;ired Port,</P>
<P>Sir <HI>Edward Coke</HI> in the Pleas of the Crown, <HI>Cap. Petty Trea&s;on prop. &s;in.</HI> <NOTE PLACE="marg">A &s;hort view upon the 3. Nations &s;ince they ca&s;t off their obedience</NOTE> ob&s;erves, that in peru&s;all of all books, Hi&s;tories and Records, it was never found that Trea&s;on did ever attain the de&s;ired end, but did alwayes prove fa|tall &amp; de&s;tructive to the undertakers: Let any man but &s;ee Gods judgments upon the Kirkmen of <HI>Scotland,</HI> and the Roman Catholicks of <HI>Ireland,</HI> if they be not either vagabonds abroad, or the mo&s;t mi&s;erable &s;laves in the world at home; for although it &s;o plea&s;ed the divine providence, that their iniquities prevailed again&s;t the King, yet did the divine vengeance overtake them by a third faction &s;o new, contemptible and ob&s;cure, that it was not only in their undertaking not feared, but in the beginning never heard of in the world. It is true indeed the Engli&s;h Presbyterians (who had mo&s;t ba&s;ely accepted a can|ting thing called the Covenant from the Kirkmen of <HI>Scotland,</HI> and as injuri|ou&s;ly impo&s;ed it upon their fellow Subjects) have not been &s;o highly cha&s;ti&s;ed in the generall by them, as they in <HI>Scotland,</HI> &amp; the Roman Catholicks in <HI>Ire|land</HI> have; yet were they &s;o far from attaining their ends, that &s;ince all this Nation abounded with factions, that was the mo&s;t hated and de&s;pi&s;ed by all o|ther: Nor were the other Factions much more reconciled and true to one ano|ther then to the Presbyterians; for the Army, commanded by <HI>Oliver Crom|well,</HI> turned out the Rump of the Long Parliament which headed the Inde|pendent party; and after <HI>Cromwells</HI> death the Army receives the Rump, and di&s;places his po&s;terity; and &s;urely in this world is not to be found in any fa|mily &s;o many and &s;o great di&s;tractions and di&s;&s;entions, as were in the late Protectors; nor did the Rump of the late Long Parliament maintain their long fought for and new re&s;tored Dominions, but were rejected by tho&s;e creatures that did re&s;tore them, with very &s;mall hopes of ever attaining to it again. Yet did the Rump after rea&s;&s;ume their &s;upremacy (and proceeded as high and arrogantly as if they had never done wrong, but &s;uffered all in|ju&s;tice and wrong by their interruption) when not only the Trea&s;ure of this Nation was exhau&s;ted, and all Crown, Church, and Delinquents Lands and Compo&s;itions converted and con&s;umed; but the whole traffique of the Nation interrupted and de&s;troyed. And if it were &s;o dangerous a thing to a Nation for one Faction to be formidable in Church or State, how dange|rous was it where there is no vi&s;ible Church, and nothing but Factions in all the State?</P>
<P>Although man by nature be a &s;ociable creature, and men do and ever did, &s;ince there were any records of time, live in &s;ociety by right or u&s;urpation to &s;omething &s;uperior, to either the Fathers or Ma&s;ters Power; yet &s;ince the exerci&s;e of all power is politique, humane or voluntary, and therefore di|vers Princes govern by divers Lawes, as they &s;ort with the natures and di&s;|po&s;itions of their Subjects; and not only &s;o, but all Princes govern their own Subjects by differing Lawes, according to their &s;ite and nature of their Subjects: for it were a mo&s;t unrea&s;onable thing that the &s;ame Lawes &s;hould be impo&s;ed upon Mediterrane places, where are ob&s;erved in <HI>Maritime;</HI> or that the Laws and U&s;ages of the City of <HI>London</HI> &s;hould be required to be ob|&s;erved in every Country Village, &amp;c. And &s;ince that &s;ome Nations doe al|mo&s;t without contradiction, upon all occa&s;ions obey the Lawes of their
<PB N="263" REF="195"> Princes with out di&s;pute, as the <HI>Mu&s;covites, Armenians, Per&s;ian, Indians, &amp;c.</HI> others &s;carce ever, unle&s;&s;e they be governed by their ancient received Laws ordinarily, &amp; in extraordinary ca&s;es by Laws pa&s;&s;ed in &s;ome publick A&s;&s;emblies, as the <HI>Germans, Swedes, Polanders</HI> and <HI>Danes;</HI> others are gover|ned peaceably by their ancient received Laws in the u&s;uall admini&s;tration of Ju&s;tice, and in extraordinary ca&s;es doe admit of new ones, having them rarely pa&s;&s;ed in publick Conventions; &s;uch are the <HI>Italians, Spaniards</HI> and <HI>French;</HI> and this doth not proceed from any abject, ba&s;ene&s;s or meanne&s;s of &s;pirit; for in the world are no where found men more generous and vali|ant. And &s;ome are rarely governed long in peace, although governed by old Lawes ordinarily, and the con&s;ent of the major part of the Freeholders (as they conceive) by their repre&s;entatives in pa&s;&s;ing new ones, as are the <HI>Engli&s;h</HI> and <HI>Scotti&s;h.</HI> And al&s;o &s;ince the corruption of the be&s;t thing is wor&s;t, it will not be ami&s;s before we conclude this Chapter and Book, to di&s;cour&s;e this Probleme, whether upon all occa&s;ions it be the only and nece&s;&s;ary way to cure all di&s;tempers of State by a full convention in Parliament, according to the u&s;uall con&s;titution: And fir&s;t we will &s;ee what may be &s;aid for it.</P>
<P>That the pa&s;&s;ing of Lawes in Parliament, where the major part of the <MILESTONE N="1" UNIT="Object."> Freeholders are repre&s;ented, creates and begets a right under&s;tanding be|tween the King and his Subjects, that it is not the intention of the Prince to alter the old Lawes, and introduce new ones to their prejudice. To this I &s;ub&s;cribe.</P>
<P>That when Lawes are &s;o pa&s;&s;ed, it confirmes and &s;trengthens the Prince <MILESTONE N="2"> both by the per&s;on and pur&s;e of his Subjects, in any de&s;igne he &s;hall under|take, becau&s;e the repre&s;entatives of the Freeholders con&s;ent unto it. To this I &s;ub&s;cribe.</P>
<P>That Parliaments have been of that antiquity, and the Nation &s;o habitu|ated <MILESTONE N="3"> to them, that it will never long be governed peaceably without them. To this I &s;ub&s;cribe.</P>
<P>That the grievances of the Nation can never be &s;o well repre&s;ented and <MILESTONE N="4"> redre&s;&s;ed as in Parliament, where the major part of the Freeholders are re|pre&s;ented. To this I &s;ub&s;cribe.</P>
<P>That men will le&s;&s;e dare to abu&s;e their Prince or Country by any &s;ini&s;ter <MILESTONE N="5"> or indirect means when Parliaments are frequent and free. To this I &s;ub&s;cribe.</P>
<P>The frequent u&s;e of Parliaments takes away all &s;trangene&s;&s;e between the <MILESTONE N="6"> King and his Subjects, and begets a confidence, and right under&s;tanding be|tween them. To this I &s;ub&s;cribe.</P>
<P>That &s;ince it is nece&s;&s;ary that every Prince in governing mu&s;t nece&s;&s;arily <MILESTONE N="7"> ultimately re&s;olve his confidence into &s;omething be&s;ides the Lawes, to which upon all occa&s;ions he may betake him&s;elf for the Execution, and de|fence of him&s;elf and Subjects; and this mu&s;t be by a con&s;tant Army in pay of his Subjects, according to the in&s;titution of the Roman Legions: or out of a diffidence of his own Subjects, or from &s;ome rea&s;on of &s;tate, tru&s;t the protection of his Per&s;on, and Lawes into the hands of Foreigners, as did the Kings of <HI>Aegypt</HI> before <HI>Sclymus</HI> conquered them; or as the King of <HI>France</HI> now does in the hands of <HI>Switz</HI> and <HI>Scots;</HI> or he mu&s;t betake him&s;elf to the protection of a mercinary Army made up of his Subjects and Foreiners, as the Turks Janizaries and <HI>Spahi</HI> are: or e&s;tabli&s;h his &s;ecurity and refuge up|the affection of his &s;ubjects, and intru&s;t them with the Militia in &s;uch man|ner as hath beene u&s;ed heretofore in <HI>England,</HI> and that this agrees better
<PB N="264" REF="196"> with the nature and con&s;titution of Engli&s;h-men then any of the other, as being e&s;tabli&s;hed as well by common-Law, as many Acts of Parliament. To this I &s;ub&s;cribe.</P>
<P>To the&s;e may be added, that <HI>Tacitus</HI> in the life of <HI>Agricola,</HI> makes it one great cau&s;e of the Romans conquering our Ance&s;tors. That they con&s;ulted not in common. <HI>Nec aliud adver&s;us validi&s;simas Gentes pro nobis utilius, quam quod in commune non con&s;ultant. Rarus ad Propul&s;andum commune pe|riculum conventus: It a dum &s;inguli pugnant, aniver&s;i vincuntur.</HI></P>
<P><LABEL>Quaere</LABEL> Yet <HI>quaere</HI> whether <HI>Ri&s;ing-</HI>Cha&s;e in <HI>Norfolke,</HI> and old <HI>Sarum</HI> in <HI>Wilts,</HI> where are no Inhabitants but a few meane Tenants, &s;ending twice the num|bers to the Parliament with the county of <HI>Yorke;</HI> and whether the County and City of <HI>Durham,</HI> &s;ending none at all; and whether <HI>Cornwall's</HI> &s;ending ten times as many as either <HI>Warwick-&s;hire</HI> or <HI>Leice&s;ter&s;hire,</HI> and yet eyther of them bigger and far more rich Counties; Or whether Cities and Boroughs not only &s;ending a like number of Citizens and Burge&s;&s;es with the County, having alike Vote with them of the County, be an equall repre&s;entative of the Freeholders? Or whether the waies u&s;ed in the Elections doe not ani|mate the Electors, and tho&s;e that &s;tand in Competition again&s;t one another, and that to &s;uch a height, That many of the Electors and tho&s;e who &s;tand, are never after reconciled?</P>
<P><LABEL>An&s;wer.</LABEL> It is true indeed, that if God had determined all things in this inferior Orbe without any variation, and that this thing were alwaies to be attained only by &s;ome one means, &amp; that this in governing were by councell in Parliament, then could there be neither rea&s;on or di&s;cour&s;e upon variation and alteration of things, and no difference betweene the wi&s;e&s;t of Princes, and the mo&s;t foo|li&s;h; but this is &s;o far from truth that there is nothing &s;ublunary not only va|riable, but doth vary every moment; neither is there any thing in Rea&s;on, Phy&s;ick or State alike to all men; nay in all of them, the &s;ame thing, may be at one time good and profitable, at another time bad and hurtfull: What man &s;ees not that in health, nature is not repaired by any man, without a pro|portionable mea&s;ure of diet, which when he is indi&s;po&s;ed may &s;urcharge na|ture, to the overthrow of it, in him? Strong phy&s;ick may be proper to a man at one time, and kill him at another. Parliaments, although ordinarily are the Kings &s;ure&s;t refuge, yet by how much they are more excellent, by &s;o much the wor&s;e are they corrupted. Times are and will be bad when they are not made &s;o by any cau&s;e in the Prince, and &s;o bad that in &s;uch conjun|cture it may prove the utmo&s;t evill, if the Hou&s;es, or eyther of them &s;hall a&s;&s;ume the title of Parliament, or give head to &s;uch Factions and di&s;tempers. And no que&s;tion when the Scots invaded England in 1640, it was un&s;afe Councell that advi&s;ed the King to &s;ummon a Parliament, and wor&s;t of all to convene it at London, as things then &s;tood. For that &s;aying of <HI>Tacitus</HI> it is rather Rhetoricall, and makes again&s;t the Antiquity of Parliaments, then any way proves nece&s;&s;ity of them upon all occa&s;ions, unle&s;s he could make <HI>con&s;u|lere</HI> and <HI>pugnare</HI> the &s;ame thing: nor could <HI>Agricola</HI> ever have obteined &s;uch victory again&s;t our Ance&s;tors, if he had fought with no more then had coun|celled him.</P>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="epilogue">
<HEAD>Epilogue.</HEAD>
<P>WHen I looke back and con&s;ider the un&s;table condition of mankinde, e&s;pecially among I&s;landers, and that often times the fate of good, religious and ju&s;t men, is, in this World more calamitous, then of bad and vi|cious
<PB N="265" REF="196"> men; I did then conclude with my &s;elf, that Religion, Ju&s;tice and Piety cannot of them&s;elves procure peace and &s;ociety to mankind: nay what is yet more lamentable, that fir&s;t &s;ublunary cau&s;e from whence all Subjects derive and expect their protection, is more &s;ubject to calamity, then the condition of the meane&s;t of mortall men. Let a man take a &s;urvey of all the Kings in <HI>Britain</HI> &s;ince there were any Records of time, and &s;ee whether neer one halfe of them did attain a naturall death; nor is this confined within the Seas which encompa&s;s our I&s;le, or a new thing in other parts of the world, for,</P>
<Q><L>Adgenerum Cereris &s;ine caede, &amp; &s;anguine pauci <NOTE PLACE="marg">Juvenal <HI>Sat.</HI> 10.</NOTE></L>
<L>De&s;cendunt Reges.&mdash;</L></Q>
<P>I &s;hall therefore before I conclude, endeavour to &s;hew whether any peace and happine&s;&s;e may be rea&s;onably expected in this World, and if that may, then by what means it is to be attained; but that I might by degrees accompli&s;h my end, I begin with man in his fir&s;t Cau&s;e and being.</P>
<P>Man then in his fir&s;t being is to be con&s;idered, either as created or begot|ten; as created, &s;ure no man in his wits will deny but that God was the prime and only efficient cau&s;e of his creation, who without any ordinary concurrence of naturall cau&s;es did &s;o create him: and that this was not from a confluence of naturall cau&s;es, is evident; for otherwi&s;e it had been a Generation, not a Creation; and nece&s;&s;arily &s;omething mu&s;t be Created before any thing can be Generated of it.</P>
<P>Nor is God (if a man rightly con&s;iders it) le&s;&s;e the prime and efficient cau&s;e of man in his Generation then in his Creation: for it mu&s;t needs be e|vident to every man, That male and female are not the fir&s;t cau&s;e of Gene|ration, becau&s;e then they would alike of them&s;elves, without the influence of a &s;uperiour cau&s;e be apted for Generation, and &s;o every Creature of it &s;elfe in a like power of Generating, one as much as another; the contrary of which every one daily &s;ees. Nor are all Creatures at all times alike di&s;po&s;ed to Generation, but apted and di&s;po&s;ed thereunto from &s;ome exterior cau&s;e; as we &s;ee in Foxes about the Brumall &s;ol&s;tice, and Ravens in January, other creatures generally about the Vernal Equinox, and Deere about the Autum|nall; which without all doubt doth proceed from the influence of the Sun, which in tho&s;e &s;ea&s;ons di&s;po&s;es them thereunto: but that the Sun is not the prime and efficient cau&s;e of Generation is confe&s;&s;ed by <HI>Ari&s;totle,</HI> where hee faith * That in <HI>omni creature divinum quid reperiri, re&s;pondens Elemento &s;tel|larum,</HI> <NOTE PLACE="marg"><HI>Lib.</HI> 2. <HI>cap.</HI> 3. <HI>de Gen. Anim.</HI></NOTE> <HI>e&s;&s;eque omnipotentis creatoris vicarium,</HI> It is not therefore the Sun, nor male and female, which can be the fir&s;t cau&s;e of a man, or any other crea|ture; but that minde or Soul which governs the innumerable and va&s;t bo|dies of the Univers, and by a perpetuall motion of the Earth from We&s;t to Ea&s;t, according to the new Hypothe&s;es in A&s;tronomy, or of the Sun from Ea&s;t to We&s;t, after the former Hypothe&s;es, through the divers Regions of the Earth, doth apt and di&s;po&s;e all things therein to their production and di&s;|&s;olution. So that God is the prime &amp; efficient cau&s;e, as wel in the generation, as creation of man &amp; other creatures, the manner only is different, God in ge|neration from the confluence of nece&s;&s;ary &amp; contingent cau&s;es, doth Generate Man and other creatures, and originally did create them without any conflu|ence of cau&s;es. Nor is God le&s;&s;e the prime pre&s;erver of all Creatures, then the fir&s;t cau&s;e of the Creation and Generation of them: for not all the &s;ublu|nary meanes of eating, drinking, &s;leeping, exerci&s;e, phy&s;ick, &amp;c. can
<PB N="266" REF="197"> pre&s;erve any creature thus Generated or Created, but &s;ome internall cau&s;e, whether it be called <HI>anima?</HI> or <HI>pars animae?</HI> or <HI>quid animae?</HI> or <HI>aliquid ha|bens animam; aut intellectus? aut denique numen?</HI> and this is it in every Crea|ture which doth worke towards its end, and orders all the&s;e things with uni|mitable and incomprehen&s;ible art and providence, &amp; alwaies procures what is be&s;t, as well for its being, as well-being, as well for defence as ornament.</P>
<Q><L>Spiritus intus alit, totamque infu&s;a per artus,</L>
<L>Mens agitat molem.&mdash;<NOTE PLACE="marg">Virg Aenei.</NOTE></L></Q>
<P>And though all the&s;e outward things, however nece&s;&s;ary for the pre&s;ervation of every Creature, are accidentall and may be more or le&s;s acquired and com|municated by every creature; yet this internall cau&s;e, this <HI>numen,</HI> this <HI>Lar familiare,</HI> or <HI>anima,</HI> which di&s;po&s;es and orders all the&s;e outward cau&s;es, is not to be acquired or communicated by any Creature; So that a man mu&s;t needs confe&s;&s;e That in all Creatures, as well as Man, there is &s;ome particle of divine Aire, which doth order and di&s;po&s;e of all &s;ublunary meanes in a wonderfull and diver&s;e manner towards their pre&s;ervation, untill by a propen&s;e naturall di&s;po&s;ition, they all re&s;olve into their fir&s;t Principles.</P>
<P>But the&s;e outward meanes are acquired and communicated, by &s;everall Creatures, divers and &s;everall waies. Some doe acquire the&s;e outward meanes from an innate impul&s;e, never with under&s;tanding or rea&s;on mo|ving them; others rarely without their under&s;tanding or rea&s;on, and this lat|ter only is Man.</P>
<P>Yet how fraile a mans rea&s;on and under&s;tanding is, even to the acquiring of things nece&s;&s;ary for his pre&s;ervation, is evidenly &s;een almo&s;t in all men; for there is no man in this world who can by his under&s;tanding and rea&s;on &s;o govern his actions, that tho&s;e things &s;o directed by him, have alwaies a like e|vent; nay often times the &s;ame thing propounded by the &s;ame man, upon the &s;ame grounds and rea&s;ons hath &s;o contrary an event, that at this time it ruins him, which other while was of much advantage to him. And this is daily &s;een among all &s;orts of men, &s;o that it is mo&s;t manife&s;t that a mans under&s;tanding or rea&s;on cannot pre&s;erve him, as he is an intellectuall &amp; rationall Creature, nor Ju&s;tice, Religion, and Piety as a &s;ociable, but &s;omthing &s;uperior to the&s;e.</P>
<P>What then &s;hall we &s;ay to the&s;e things? Is Religion, Ju&s;tice and Piety, and a mans under&s;tanding and rea&s;on of no account, becau&s;e they cannot procure peace and pre&s;ervation? Nothing le&s;&s;e; for God having fir&s;t crea|ted man and other creatures without the confluence of naturall cau&s;es, did ever after their fir&s;t creation cea&s;e to make any other, but the &s;pecies of all things have ever &s;ince been renewed by Generation: but in Generation God doth not renew the &s;pecies of all creatures, from an ab&s;olute act of his own, but from the coition of male and female di&s;po&s;ed thereunto, in perfect creatures: &amp; oftentimes from matter di&s;po&s;ed, many creatures are aequivocal|ly generated, without the coition of male and female, which thing is evident|ly &s;eene from the yeerly renuing of of frogs, caterpillars, &amp;c. The antient Ae|gyptians from the ob&s;ervation of the very many creatures thus generated, in the River <HI>Nile,</HI> did believe that all perfect creatures were originally, not from creation, but from aequivocal generation. Yet though the&s;e &s;purious and im|perfect creatures are thus generated, yet do they all generate their like; <HI>Ari|&s;totle</HI> <NOTE PLACE="marg">Hi&s;t. Anim.</NOTE> only excepts the Eele; and I could never yet &s;ee either Row or Milt in any of them. But though God be the prime &amp; efficient cau&s;e of the generation
<PB N="265" REF="197"> all creatures and therefore ab&s;olutely nece&s;&s;ary to the production of every creature; and though the conditions which he hath ordained be ab&s;olutely nece&s;&s;ary to the generation of every creature, yet are not the&s;e conditions alwaies performed from any ab&s;olute nece&s;&s;ity of the part of God, but often|times from contingent cau&s;es and the will of the creature: For example, it is nece&s;&s;ary that the influence of the Sun from matter di&s;po&s;ed in &s;tanding pools; &s;hould produce Frogs, yet are not alwaies tho&s;e Pooles nece&s;&s;ary to be, but are often made, and often filled up, from voluntary and contingent cau&s;es of man; &s;o <HI>contactus naturalis</HI> in bodies apted and di&s;po&s;ed doth ne|ce&s;&s;arily generate; yet is there no nece&s;&s;ity that this <HI>contactus</HI> &s;hould bee, but it might not have beene, &amp;c. Univer&s;all cau&s;es in nature produce no|thing of them&s;elves but as meeting with particular and materiall cau&s;es di&s;po|&s;ed to production, the univer&s;all cau&s;es are alwaies prime and nece&s;&s;ary, but their meeting with particular cau&s;es are not alwaies &s;o, but often times con|tingent and voluntary.</P>
<P>As God, by the confluence of naturall cau&s;es, is alwaies the fir&s;t cau&s;e of all creatures by Generation, &s;o is he the fir&s;t cau&s;e of the pre&s;ervation of all Creatures; yet doth not he pre&s;erve them by any ab&s;olute nece&s;&s;ity of his part alone, but by &s;uch meanes as he hath ordained for every Creature; I &s;ay this meanes doth not alwaies come to pa&s;&s;e from inevitable nece&s;&s;ity of the part of God, but often times from the will of men, and contingent cau|&s;es; for example, no man lives but as he daily repaires nature by eating and drinking, yet there is no nece&s;&s;ity that he &s;hould eat or drink, but he may choo&s;e whether he will or not.</P>
<P>Nor is God le&s;s the prime pre&s;erver of intellectuall and rationall creatures; yet doth he not pre&s;erve them as other creatures void of under&s;tanding, but thus u&s;ing the intellectuall and rationall faculty of their Soul, yet there is no man but may chu&s;e whether he will u&s;e his under&s;tanding and rea&s;on in his actions and that man who doth not u&s;e his under&s;tanding in his actions but only his affections and pa&s;&s;ions, how great &s;oever he be, will live to &s;ee mi|&s;ery enough.</P>
<P>And though Religion and Ju&s;tice cannot of them&s;elves pre&s;erve men in Peace and Happine&s;&s;e, but &s;ome &s;uperior cau&s;e which mu&s;t order and di&s;po&s;e them thereunto, yet &s;o nece&s;&s;ary are they for the pre&s;ervation of peace and happine&s;s, that wher&s;oever they are neglected, men did ever degenerate into &s;traction, confu&s;ion and prophanene&s;&s;e; this &s;uperior cau&s;e which dignifies men above all other creatures, as well intellectuall as &s;ociable, is God, who is the prime, efficient and nece&s;&s;ary cau&s;e of peace and happine&s;&s;e among &s;o|ciable Creatures; and Religion and Ju&s;tice are the nece&s;&s;ary meanes which he hath ordained therefore. But though Religion and Ju&s;tice be nece&s;&s;ary for the peace and happine&s;&s;e of any Nation, yet is it not alwaies nece&s;&s;ary on Gods part men &s;hould be Religious and Ju&s;t, but men may chu&s;e whether they will do religious and ju&s;t acts or not; God therefore is the fir&s;t and nece&s;|&s;ary cau&s;e of peace and happine&s;&s;e among men, and Religion and Ju&s;tice the nece&s;&s;ary meanes which he hath ordained thereunto, and this to be performed by man; and let no man thinke that God will &s;ave any man in this world, or ble&s;&s;e him in the world to come again&s;t his Will, when men will not endeavor the&s;e things by &s;uch meanes as hee hath ordained; Man there|fore by Religion and Ju&s;tice ought to endeavour, through God's ble&s;&s;ing to attaine to Peace and Happine&s;&s;e as well in this World, as in the next,
<PB N="266" REF="198"> without which hee cannot rea&s;onably hope for eyther.</P>
<P>Having thus far treated of the cau&s;es of all &s;ociety, and vindicated the Government and Lawes of my native Country, and mother-Church of <HI>England;</HI> It will not be ami&s;&s;e before I conclude to add a word or two in vindication of Sir <HI>Edward Coke,</HI> my mo&s;t honored Ance&s;tor, &s;ince by words and writing he is &s;o traduced, (as indeed <HI>Quis ille a tergo quem nulla aconia pin&s;it?)</HI> by men &s;o maliciou&s;ly or ignorantly, or both. Among the re&s;t one (a late wri|ter of a Pamphlet, I will not call it becau&s;e of the &s;ubject, being the life of our late Soveraigne, yet it is without name, although I thinke few men but are &s;ufficiently a&s;&s;ured of the Author) upon a &s;editious and reproachfull &s;peech, he &s;ayes tending to the di&s;honour of his Maje&s;ties Government, made by Mr. <HI>Coke,</HI> after the wonted rate of his lavi&s;h pen, without any more adoe makes him a Chip of the old Block. But of all men I am content he next after one of our <HI>Mercuries</HI> &s;hould &s;ay it, &s;ince if he be not traduced unju&s;tly hee can a&s;per&s;e the Nobility upon the faith of a <HI>Mercury;</HI> and &s;o many others upon none at all: and his Quotations upon his Geography, So fals that upon &s;earch made by a Reader, and &s;carce any to be found to be true, upon the re|printing he blotted out the pages, and only quoted the Authors, and left the Reader to finde them where he could: If the&s;e be true, then certainly his <HI>ip&s;e dixit</HI> is of &s;mall account; if fal&s;e then let him deny them.</P>
<P>But I can tell our Hi&s;torian newes of his Soldier, whom he <HI>page</HI> 156. made openly to be &s;hot to death in Saint <HI>Pauls</HI> Church yard, for as is confident|ly reported and beleeved he was apprehended about <HI>Whitehall, June</HI> 17. and is at this time in faire election of being hanged. And being no le&s;&s;e a more famous Geographer then Hi&s;torian (though his &s;econd Edition &s;uffers much for want of his expunged pages to finde out his quotations) hee <HI>page</HI> 123. makes the Town and Ca&s;tle of <HI>Conway</HI> a place of principall command on that narrow channell which runs between the County of <HI>Carnarvan</HI> and the I&s;le of <HI>Angle&s;ey:</HI> whereas the Town and Ca&s;tle of <HI>Conway</HI> &s;tand upon the River <HI>Conway,</HI> which parts <HI>Denbigh&s;hire</HI> from <HI>Carnarvan&s;hire,</HI> a little below the mouth of the River <HI>Ge&s;&s;en:</HI> nay, let any man &s;ee whether the River <HI>Conway</HI> falls not into the Iri&s;h or Virgivium Sea; but whether it fals into the Iri&s;h or Virgivium Sea or not: yet certainly it cannot fall into the narrow Channell which parts <HI>Carnarvan&s;hire</HI> from <HI>Angle&s;ey,</HI> which begins at <HI>Abermenay</HI> ferry, and ends at <HI>Porthathir</HI> ferry, whereas the mouth of <HI>Conway</HI> is little le&s;&s;e di|&s;tant from <HI>Porthathir</HI> ferry, then that is from <HI>Abermenay, Porthathir</HI> ferry being upon the matter equidi&s;tant from either. What heed then is to be taken to the <HI>ip&s;e dixit</HI> of &s;uch a Geographer and Hi&s;torian let any man Judge; Sure he had more need mend his own Errors, then be &s;o ra&s;h and lavi&s;h a Cen&s;urer of other mens.</P>
<P>Although I take not this mans tongue to be any &s;lander, &amp; &s;o not worth an an&s;wering, or at mo&s;t a bare denyall of what he &s;ayes were &s;ufficient, which I doe, &s;ince it is but <HI>gratis dictum;</HI> yet &s;ince other men have a&s;&s;umed to them&s;elves &s;uch licence of a&s;per&s;ing him, it will not ill become mee to &s;hew how unju&s;tly he is a&s;per&s;ed in tho&s;e things whereof they traduce him; as fir&s;t this man makes him a &s;editious man, certainly it is very &s;trange that in the living of 83 yeeres, the many of his writings, and his many imployments, doth not produce &s;o much as any &s;u&s;picion thereof, that I ever heard of. One thing yet plea&s;es me, that in all the&s;e &s;editious commotions, Judge <HI>Jenkins</HI>
<PB N="267" REF="198"> and almo&s;t all the a&s;&s;ertors of the Kings Cau&s;e, have next after Divine Laws, maintained it principally out of his writings: nor doe I remember that any of the adver&s;e part (I am &s;ure not truly) have ever made u&s;e of any thing in his writings to their advantage: certainly therefore in his writings he was no &s;editious man: but it may be our reverend Hi&s;torian, though blinde, yet &s;ees more then any body el&s;e.</P>
<P>It is true indeede that he lived in disfavour with two Kings, yet as it be|comes not &s;ubjects to di&s;pute the actions of Prince, &s;o is no man therefore to be cen&s;ured becau&s;e in disfavour; often times the be&s;t of Princes have not things and men truly repre&s;ented to them. This I am &s;ure of having &s;o powerfull opponents at Court, if any crime, much le&s;&s;e then that of &s;edi|tion, could have been found again&s;t him, it would have beene improved to the utmo&s;t advantage; nor did he neglect to be reconciled to his chiefe&s;t ad|ver&s;ary, and to that purpo&s;e married his younge&s;t daughter to his brother, being in per&s;on and fortune little inferior to any Subject of her time, which did him no good.</P>
<P>Othermen (though little ver&s;ed in the things they lay to his charge) doe&s;ay in the generall, That in his writings he was no friend to eyther King or Church.</P>
<P>This is &s;o generall a charge as no particular an&s;were can be given to it; yet thus much may be &s;aid, that being a Lawyer by profe&s;&s;ion, I hope it is not to be a crime in any Subject, much le&s;&s;e in him, to be a lover and honourer of the Lawes: but being a Subject, and no Legi&s;lator, and commenting up|on the Laws, he mu&s;t comment upon the Lawes as they were made, hee could not make them better nor wor&s;e; if Lawes made were derogatory to eyther Crowne or Church, it was the vice of the times, and no fault of his.</P>
<P>Yet I have often heard that hee was the fir&s;t Grantor; and a great favou|rer of Prohibitions, to the utter ruine of all Eccle&s;ia&s;ticall juri&s;diction.</P>
<P>How unju&s;t the fir&s;t charge is, there is no man any way ver&s;ed in our Lawes but mu&s;t needs under&s;tand; and for the latter, if any one can &s;hew wherein he &s;o far favored them, that he ever granted any not warrantable by the Law, and they &s;ay &s;omthing.</P>
<P>For his care of the Church, it &s;ufficiently appeareth in his endeavoring the pa&s;&s;ing of a Law, that every Patron &s;hould be &s;worn, as well as the in|cumbent again&s;t Simony; and al&s;o that Patron who &s;hould Symonically pro|mote any Clerke, &s;hould not only forfeit that avoydance, but the advow|&s;on to the King; as al&s;o when upon pretence of concealement the Deane and Chapters Lands of <HI>Northwich</HI> were begged of the King, he did not only free|ly proffer the Chapter to have defended their cau&s;e, in per&s;on, though then very aged, but &s;tated it and gave it them in writing, to be kept for the fu|ture, in ca&s;e any after that pretence might be made, which was pre&s;erved by the Deane and Chapter among their Archives untill the generall deluge of our late di&s;&s;ention &s;wallowed up this among their other things: and &s;o grate|full an acknowledgment did the Society make, that upon his next Progre&s;&s;e into <HI>Norfolke,</HI> they de&s;ired that he would lay his bones in that Cathedrall, who&s;e right he had &s;o defended.</P>
<P>So devout a Son he was of the Church of <HI>England,</HI> in the ob&s;ervation of the Rites and Liturgy thereof, that I am confident that in neere forty yeers before his death, if &s;ickne&s;&s;e or publick imployment, or &s;omthing extraordi|dinardy not divert him; &s;carce one day pa&s;&s;ed wherein he was not twice a de|vout
<PB N="278" REF="199"> a&s;&s;i&s;tant in the offering up of the publique Service of the Church: nor was he le&s;&s;e &s;evere to him&s;elfe in his per&s;on, then ju&s;t to his publick imploy|ments, being never &s;o much as &s;u&s;pected of any notorious or &s;candalous vice. The&s;e virtues and his learned labours; (wherein he has as well de&s;erved of his Country as any man before him) &s;hall erect him a monument of &s;ame to po&s;te|rity, when as the malice and ignorance of his adver&s;aries &s;hall be forgotten.</P>
<P>For mine owne part, it is true, that I have ultimately re&s;olved my &s;ubje|ction as a man, and my faith as a Chri&s;tian into two principles, the one into the Law of Nature, the other into the Scriptures; <HI>Dominium fundatur in natura,</HI> at no time or place did ever men live out of Society, and Dominion is nece&s;&s;ary to Society; but faith is divinely revealed in the Scripture, and this hapned in &s;ucce&s;&s;ion of time, neyther is it yet received by neer one tenth part of mankinde, nor will I ever hope to mend what God hath made: It is therefore an idle thing to object <HI>Imperium</HI> in <HI>Imperio</HI> again&s;t it, ney|ther is the objection to any purpo&s;e or under&s;tood by the objectors, for it is the &s;ame God which hath engraven lawes of Nature in the mindes of men, and who hath divinely revealed him&s;elfe in the Scriptures: not is there any thing in either, which is repugnant on contrary, but rather the one doth con|firme and &s;upport the other; there is no better plea for mens &s;ubjection to eyther Kings, Fathers or Ma&s;ters then is contained in the Scriptures: nor doth Chri&s;tianity any waies repugne the Regality of Princes, but it is as entire over the per&s;ons of all men, in all Ca&s;es, as where men are not Chri&s;tian. Were not tho&s;e the be&s;t Chri&s;tians who in the primitive times lived under heathen Emperors and per&s;ecutors without any civil di&s;turbance on their parts? and cannot Chri&s;tians be as good under Chri&s;tian Kings; or is the ca&s;e of Kings wor&s;e for their being Chri&s;tian. Let any one &s;hew me any thing in all the Scriptures which doth countenance &s;edition and I will abjure my Chri&s;tianity; yet I will &s;hew him almo&s;t infinite places, which without all contradiction commands obedience to higher Powers. They are therefore Wolves in Sheeps clothing, who abu&s;e that gho&s;tly Power left us by our Sa|viour for the benefit of mans &s;alvation into licentiou&s;ne&s;s again&s;t their tempo|rall obedience, due as well by the Law of Nature, as tho&s;e by divine po&s;itive in&s;titution (as if men being qualified to perform the acts of Gho&s;tly power, were free from naturall &s;ubjection, which as Prie&s;ts they ought to preach as Gods Ordinance, <HI>R.</HI> 13.) &amp; de&s;erve rather to per&s;ecuted to death, then obeyed when they do &s;o: and by con&s;equence Ma&s;ter <HI>Hobbs</HI> under&s;tands not him&s;elf when hee makes his convenient argument again&s;t Chri&s;tianity, upon &s;uppo|&s;ition, <NOTE PLACE="marg"><HI>Cap.</HI> 6. <HI>Art.</HI> 11. <HI>de cive.</HI></NOTE> that if one man may command the &s;ame thing upon the penalty of tem|porall death, and another forbid it upon pain of eternall, the whole &s;tructure of his <HI>civitas</HI> might be di&s;&s;olved, which is no great matter if it were.</P>
<P>But, I pray, what doe tho&s;e men doe which re&s;olve all &s;ubjection into the <HI>civitas,</HI> and the <HI>civitas</HI> into the civil part, and the civil part into the wills of men, into <HI>do</HI> or <HI>dedi,</HI> and not <HI>dabo</HI> or <HI>faciam;</HI> which make the Lawes of Nature voluntary and depending upon the wills of men; which make this <HI>ci|vitas</HI> made by the wills of men &s;uperiour to the Law of Nature, and impo&s;|&s;ible to command any thing contrary to it, and yet (as ridiculou&s;ly as bla&s;pemou&s;ly) make tyranny to be only <HI>ab exercitio;</HI> which make not only all Lawes of Nature but the Gho&s;tly power ordained by Chri&s;t, in the Scrip|tures, in&s;trumentall and &s;ub&s;ervient to it, and by con&s;equence all Lawes of Nature and Divine In&s;titution in the Scriptures to be &s;ub&s;ervient to this vo|luntary
<PB N="267" REF="199"> creature of a creature; this <HI>do</HI> or <HI>dedi,</HI> not <HI>dabo</HI> or <HI>faciam,</HI> from whence it mu&s;t nece&s;&s;arily follow that not only every man who hath not en|tred into the civil part, is neither &s;ubject to the Law of Nature, or what God commands in the Scriptures, but every man who hath, may make him|&s;elf free from them, when he will, if that rule be true, as it is <HI>cujus e&s;t velle, ejus e&s;t nolle, &amp; unumquodque di&s;&s;olvi pote&s;t eo ligamine quo ligatum e&s;t.</HI> And the&s;e are the excellent foundations upon which the body <HI>de cive</HI> is buil|ded, or if they be not Ma&s;ter <HI>Hobbs</HI> may deny any of them if he plea&s;e.</P>
<P>Reader, the&s;e ob&s;ervations and Elements were de&s;igned to have come forth &s;ome moneths &s;ooner then now, which in regard of the &s;lowne&s;&s;e of the pre&s;&s;e I could not accompli&s;h; and many of the &s;heets were printed off be|fore the re&s;tauration of his Maje&s;ty, wherein the calamity of this Nation are mentioned, and wherein I have endeavored to demon&s;trate that there was no vi&s;ible meanes under heaven to cure them but his Maje&s;ties re&s;titution. If in endeavoring to &s;hew that the originall cau&s;es of our di&s;tempers were as unju&s;t as the continuance of them, I have rubbed &s;ome &s;ores which are not convenient to be touched at this time: I &s;ay that it is impo&s;&s;ible for any man to cure any malady, who fir&s;t doth not inquire into the cau&s;es; and tho&s;e were printed off in our di&s;tractions and di&s;compo&s;ures. If any thing herein may conduce to the glory of God, the good and Peace of my native Coun|try, as either advancing the Chri&s;tian Religion, or the Peace and Pro&s;perity of it, I &s;hall give God the glory, and thus far account my &s;elfe a happy man, that I have not only lived to my &s;elfe but imployed my time in &s;ome mea|&s;ure to the benefit of other men:</P>
<Q><L>Et Pergrata Deus nobis haec otia fecit,</L>
<L>Optimus e&s;t Patriae jura referre labor.</L></Q>
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<DIV1 TYPE="errata">
<P><HI>I</HI> Have made no Index conceiving the Contents of the Chapters and Heads of the Pa|ragraphs, to be &s;ufficient for a Treati&s;e of this nature; but in regard of the ordinary failures of the pre&s;&s;e, which encrea&s;ed by my ab&s;ence in the Country, the Reader is de&s;i|red to correct the&s;e faults before he begin.</P>
<P>ERRATA &s;o correct; other &s;maller faults of literall errors and pointing the Readers candour may pa&s;&s;e over.</P>
<P>PReface ob. line 15. for <HI>equally moderately,</HI> read <HI>equally and moderately.</HI> By what means, &amp;c. Parag. 25. l. 3. <HI>dele</HI> to. Ob&s;er. pag. 5. ground 3. for <HI>ground,</HI> read <HI>beliefe.</HI> Ob&s;er. pag. 20. la&s;t line but 3. <HI>chief govenment,</HI> read. <HI>chief men government.</HI> p. 30. l. 28. for <HI>any Bi&s;hops.</HI> r. <HI>any other Bi&s;hops.</HI> p. 47. l. 8. for <HI>Legall,</HI> r. <HI>Regall.</HI> p. 52. margin. for 512. place 768. Appa. pag. 3. l. 20. for <HI>brood,</HI> r. <HI>breed</HI> p. 4. l. 10. for <HI>to direct,</HI> r. <HI>&s;o direct.</HI> Ele. p. 34. l. 7. for <HI>the e&s;&s;entiall,</HI> r. <HI>and the e&s;&s;entiall.</HI> p. 16. l. 22. for <GAP DESC="foreign">, r. <GAP DESC="foreign">. p. 31. para. 14 l. 4. for <HI>to them</HI> r. <HI>to it.</HI> Para. 19. p. 41. <HI>l. penult, dele Henry</HI> 4. Title Para. 15. p. 49. <HI>dele,</HI> and read <HI>wherein con&s;i&s;ts the perfection of Govern|ment.</HI> pag. 57. para. 3. l. 5. for <HI>Silus</HI> r. <HI>Silius.</HI> P. 58. margin for <GAP DESC="foreign">. r. <GAP DESC="foreign">. pag. 60. para. 10. l. 2. for <HI>cap.</HI> r. <HI>cap</HI> 2. pap. 106 l. 2. for. <HI>all</HI> r. <HI>are.</HI> pag. 35. <HI>dele of fact.</HI></P>
<TRAILER>FINIS.</TRAILER>
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