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In Memory of
FREDERICK
BENJAMIN KAYE
(Yale, 1914)
Professor of English
JSTorfhiOesfern University JL
1916-1930
JSTorfhxOesfern University Ethrary
EVanston, Illinois
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7
SEASONABLE ADVICE
TO THE
Citizensj Burgefjes and Free-holders
o F
ENGLAND.
Dear Countrey-met?,
WHEN it feem'd good to the Divine Provi-
dence to remove our Late King (of happy
Memory) from the Cares of an Earthly
Crown, to the Joyesand Reft of his Heaven-
ly Kingdom, he left the World entirely beloved, and
generally lamented by all his Loyal Subjects; and the
deep Senfe of having fo wife, fo juft, fo good a Prince
almoft unexpededly fnatch'd away from us, was e-
nough to drown the whole Nation in perpetual Sad-
nefs and Tears. But to fupport us under that inefti-
mable Lofs, our Moft Gracious Sovereign, that now is,,
has (by the Affiftance of the fame Almighty Goodnels)
been peaceably e.ftablifhed on the Throne of his Ance-
B ftors,
CO
ftors, in fpight of all the defperate Attempts, and reft-
left Endeavours ol a few turbulent Spirits, to deprive
him of his moft undoubted Right of Inheritance. A
Prince of mature Age, and great Experience; and fo
admirably qualified for Government, that, if it had
not been his by unqueftionable Succeflion, his own
perfonal Worth might have been thought enough to
have preferred him to a Crown : And to quiet the
Minds of his People, and filence all the imaginable jea-
loufies any of them might have been poflibly feduced
into, by the falfe and malicious Suggeftions of Fafti-
ous Men; the Firft thing he did after his coming to
the Crown, was to confirm the hearty ProfejJions he
had often made before, To pre/erve this Government
both in Church and State, as it is novo by Lavp eflablifhed.
For this he has already received publick Thanks in fe-
veral of the Addrefies that have been prefented unto
him; and though it be not exprefly fet down in forne,
yet we may reafonably fuppofe it is implyed in ali;other-
wife, whatever Proteftations they may make, it will
not be believed that they can have any true Zeal for
God, or Refpeft for their King, that think fo gracious
a Promife, fb frequently repeated, does not really de-
ferve their moft grateful andfolemn Acknowledgments.
But this,and the reft ofHisMajefty'sExpreflionsofa very
greatCare andTenderneft for His People, had that good
Influence, that the Sufpicions of the moft timorous did
immediately vanifh: His Advancement to the Throne
gave preftnt Eafe and Satisfa&ion, and was attended
with the moft univerfal Acclamations of Joy from eve-
ry part of the Nation. And certainly now it muft be
confefted to be the Duty and Intereft too, of every
Englifa
CD
Ef}gli(h-mm indeed, to do whatever lies in his power,
for the Continuance of our prefent Happinefs. And
bee ,:ft the Welfare of the publick may very much
depend on the Iflue of this firft Parliament: It will
highly concern all thofe whom the Law has intruded
with the priviledge of Ele&ing, to make Choice of
perfons of approved Prudence and Integrity, that may
be able to afftrt the known Liberties of the People,
without intrenching upon the Dignity of the Crown.
For we muft needs be involved in endlefs Miftries and
Confufion, unlefs the Prerogative of the King be as
carefully preftrved as the Property of the Subjeft.
Thefe two muft mutually fupport the one the other,
or elft they will be both in danger of a Fall. But we
may chance to meet this Argument again before we
have done.
In the mean time it is like enough to be obje&ed,
That to undertake to give Advice in theft Cafes, is a
very improper Work for a profeffed Divine. I know
indeed, that of late Years, if we did but preach Obe-
dience to Magiftrates, or refteft, though but gently,
upon the moft horrid and unnatural Sin of Rebellion,
we were preftntly condemned for going beyond the
Bounds of our Calling, and being too forward to inter-
meddle with Matters of State. And at Elettions of Mem-
berstoferveinParliament,wecould rot appear in fome
places, without undergoing fome publick Affront. At-
tempts were made to raife a general prejudice againft
us, and all thoft that had any Refpeft and Kindnefs
for us. It was fometitnes efteemed Exception enough
againft Gentlemen of very great Worth, if they ftood
B 2 but
C
but fair in the Opinion of the Clergy. But it was then
eafily perceived, and fince plainly difcovered, which
way the Stream was running,and by what fort of Men,
and upon what Occafion all that Noife and Clamour
wasraifed. The Clergy were generally firm to the
eftablifhed Government, and profefifed Enemies to the
defigns that were then letting on Foot. And it was
but necefiary for thofe that were indeavouringto fub-
vert the Government, both in Church, and State, un-
der pretence of reforming abules, to make the multi-
tude jealous of them, and blacken them as much as
poffibly they could in the eyes of the People : And
they wanted neither cunning, nor malice to do it.
:■ •( v f • - it 1 i t-' ni itaou-'jq - * *•
But to return fome anfwe'r to what has been objeft-
ed : If the things I have mentioned maybe called In-
termeddling with matters of State, they are no more
than what may be very well juftified. When we were
made Minifters, we did not ceale to be men 5 and the
Church being, as it were incorporated with the State,'
He that has an Intereli in the one, muft not be wholly
unconcerned for the other. The Laws allow us a Vote
in Elections 5 and without immodefty we think our
felves as capable of Judging, who may be fitly quali-
fied to be made our Keprefentatives, as other Ordina-
ry Free-holders aFe .• And it would be very unjuft in
thofe, that talk Co loud of Liberty and Property, to
blame us for defireing the concurrence of our Friends,
much more to Abridge us of the Freedom of our Voices
in the choice of a Knight of the Shire : Befides it is
j Pet. 2. the indifpenfable Duty of every Minifter of the Go£
pel to exhort the People to Fear God, and Honour the
King
King } to Preach Subji&ion to the Higher Powers , not Rom ^
only for wrath', but Conjcience fake. And this they are llS .
obliged to, by an exprefs Divine Command, by the 3- *•
Canons of the Church, by the common Laws of Hu~
manity, and the refpefr they ought to bear to true
Piety and Holinels of Life .* That they may contri-
bute what they can to the preventing the Miferies of
Civil, as well as Foreign Wars 5 and the great iricreale
of profanenef and irreligion,which unavoidably follows
all popular Tumults, and Infurreftions 5 when the
Commands of Almighty God, concerning Obedience
efpecially, are quite forgotten, or dihiriguilhed into
nothing 5 the Laws of the Land infolently trampled
under Foot 5 and all reverence to Authority wholly
laid afide : And becaufe it is Well known what a
-Powerful influence a Parliament may have upon the
Settlement, or ruin of the N ition, no.kds in our Reli-
-gibus, than Civil concerns; this confederation alone
may be fufficient toexcufo a Clergy-man if he (hall
undertake to Advife the Choice of fuch Worthy Gen-
tlemen, as to himfeem the mod likely to promote the
real Intereft of Church and State, in this very Criti-
ca! junffure of Affairs. '
But this had never prevailed with me to adventure
thefe Papers into publick view, if there had not been
a ftrange Rumor fpread over the Nation, that we of
the Clergy were Enemies, and defpifors of all Pariia-
ments. This Oroundlefscalumny was fb induferioufly
propagated through the whole Kingdom, not without
a mixture of many other Falfo and uncharitable refledft-
ons, that many of the People firmly believed it, and
' - - iii
(6)
it was Co deeply rooted in the minds of fome, that
wherever we appeared, they were eafily perfwaded to
take the contrary fide at all Eleftions in divers places.
It is not now hard to conceive for what purpoles this
malicious report was invented 3 what effedt it had we
all know. But to undeceive fbme well meaning men,
that may ftill be miflead, by fuch unjuft and Scanda-
lous Afperfions 31 (hall acquaint you with thetrueocca-
fion of this report 3 and then (hew the Honourable
opinion we have of Parliaments.
The trueOccafion then of this report,That we were
Enemies of Parliaments, was really and plainly no
other than this: We could not exprefs any great good
likeing for fbme things, which fometimes happened
to be carryed by a Majority of Votes 3 and be-
caufe we could not always admire all their Proceed-
ings, thole who ferved a Defign by rendring us Odi-
ous, indeavoured to make the World believe, that we
hated the very Conftitution 3 which is a moft falfe and
malicious Scandal. I muft confefs, I never thought
that any Man was obliged to yield a blind and impli-
cite Affent to all the Determinations of any Afiembly
upon Earth : This were a kind of Civil Popery, and
more I believe than they themfelves will require of
us. And then what fault have we committed, if we
honeftly profefs our Difient 3 and have not learned the
Art of Flattery, to magnify, and applaud* what we
do not approve? Where every Mas is concerned,
every Man may be allowed to fpeak his own Judg-
ment, and to differ from whom he pleafes 3 provided
be do it with Modefty, and due refpeft .* And to be
mena-
(7)
menaced, and frighted out of this Innocent Freedom,
is of ail Slaveries the moft Intolerable. We find even
fome Parliaments centered in our Chronicles, and ve-
ry odd Epithets fined upon them 5 there is one that is
called the Wood Parliament 5 it was the Language of
thofe times, and the Veneration I have for thefe great
Afiemblies, will not permit me to put itinto more lVIo-
dern Enghjh But you may fee by this,that the truth will
out at laft 3 -and 1 cannot Prophefie what Character
fome of later date may expeft in the Hidories of after
Ages, when the Writer fhall be fecured from a Ser-
jeant at Arms, and out of danger of being brought
upon his Knees at the Bar of the Houfe. The time
will certainly come, when all Men will Speak, and
Write their Minds freely of all Debates, and refolves
whatever. And we cannot be therefore juftly con-
demned, if we have been fo open hearted, as to ex-
prefs fome kind of diflike of fome Proceedings, which
as far as we were able to judge, might be made the
Occafions of very great and publick Inconveniences.
Nor ought we for thistobeefteemed Defpifers of Par-
liaments, any more than we can be faid to be Ene-
mies of Monarchy, becaufe we will not undertake to
juftify every thing that has been done by every
Crowned Head in the World. But to deal frankly
and plainly with you, I will give you fome Paffages,
which we could not be fo well pleated with, in fome
of our late Parliaments: Some of them relate more
immediately to the Commoners of England, and fome
of them to the King hirafelf.
That which efpecially regards the Commoners, is the
punifh-
(8)
punching many of them, feverely enough, without
any Offence againft any known Law of the Realm'
There was a great Noife made about Abhorrers, and
Betrayers of the Liberties of the Subjed: Very ftrange
and frightful words / but what unpardonable Crimes
may lurk under them, will be very difficult for an ordi-
nary man to Conje&ure. I have fearched the Statute
Book, and there I cannot yet difcover the very names,
much lefs any Punilbment appointed for the Fault.
Now if a Man Ihould be punifhed, when he has not
been Guilty of the Violation of any Law 3 his Pu-
nifhment cannot be efteemed Legal and Juft, but meer-
ly Arbitrary, and muft be refolved into nothing,eke,
but the Will, and Pleafure of him that inflids it. And
yet, very many ( and it might have been any Man's
Cale ) were forced to leave all their private concerns,
and brought up to London, from the remoteft Parts of
the Land, at any Seafon of the Year 3 fometimes un-
der great Infirmities of Body, to the certain Detri-
ment of their Eftates, and hazzard of their Lives 3
and then put under a very Chargeable Confinement,
during Pleafure, and not difmiffed at length without
a Cenfure, and the Payment of very Liberal Fees.
And all this not for any Offence againft any Law, that
any one could tell of3 but only for Words, cafually
let fall, that would not bear an Aftion in any Court
in England. What a MiferableCondition is this? Who
could tell when he waslaft, unlcfs he hung a Padlock
on his Lips ? What Patrons of Liberty are thele ?
Arid what EngHJh -mari is there, that had not much ra-
ther be governed by an Aft,deliberately pafied by the
Lords, as well as Commons, authentically ; confirmed
C 9)
ty the Royal Aflent, and fufficiently promulged to the
notice of all Men, thart to lie at the Mercy of every
hafty Vote of the lower Houfe ? This is what was
mod: of all complained of in fbrae late tranfadions,
wherein all Free-born Subjeds are more diredly con-
cerned.
That which more particularly relpeded.the King,
was a certain kind of refolved ftiffnels, in turning of
many of his Gracious Meflages 5 not always exprefling
fo much Loyal reverence, as was due to Majedy, un-
der whofe Protedion they in joyed their Lives and
Fortunes, and that Freedom of Speech, which they
fbmetimes made ufe of to the very utmoft. But to fay
no more of that 3 among other things of a high Na-
ture, His Majedy was precluded, as far as a Vote
could go, from advanceing Money upon any part of
his Revenue 3 and all Men were frighted, as much as
was poffible, from confidering the emergent Neceffi-
ties of the Kingdom, and lending any thing in the
greateft Exigencies of State. This feems extreamly
harfh, and puts the King in hardeiCircumftances,than
the meaneid of his Subjeds. It contradids the mod
Fundamental and Divine Principle of all Juftice, and
Equity .* Do unto all Men, as ye would they Jhould do
mto you. For fome of them might have remembred,
that without a Power to take up Money on what E-
dates they had , they could not have treated the fe-
veral Corporations fo liberally as they did 3 and
then they had not been put in a Capacity of giving
their concurrence to tf£t, or any other Vote. With-
out borrowing, the Redtoning could not always have
C been
(\ o
been difcharged 5 and I'm fore, if all the Claret, and
other good Liquor, that was fpent at Elections, had
never been paid for, it had been one of the greateft
Grievances the Nation ever groaned under fince the
Conqueft. But this is not the wotft Mifchief that
might have followed : Suppofe the People had been
generally overawed by this Vote , and an Invincible
Arwado had appeared on our Coafts, with a potent
Army ready to be put a Shoar .• What a Cafe had this
poor Nation been in ? No Money, no Men, no Am-
munition fufficient to oppofe the Invader. We had
been made an eafie Prey to a Foreign Enemy: We
muft have tamely yielded our Throats to the Sword
of the Conqueror : Every Penny of Money we had,
every Foot of Land we poffefifed, had been at his Dif-
pofal j the whole Kingdom might have been fodden-
3y forpriz'd and inflav'd : And who had been the Be-
trayers of the Liberties of the Subjeft then ? I be-
lieve the greateft and fobereft part of the Nation was
lomething ftartled at foch Proceedings as thefe, that
by Degrees might have made us perfect Vaflals to our
Fellow Subjects, that would have quite difarmed
the King, and Kingdom, and expofed our Lives, and
all that we had, to any growing Power, that had
but the Confidence and Ambition to invade us. But
to imagine that we are therefore Enemies to Parlia-
ments, is a very great miftake. And to convince you
of this, I (hall Ihew you the Excellent ufe, and pub-
lick Advantages of Parliaments^ What it isthattoofre-
quently hinders the good Effe&s they, might
otherwifehave $ and What are the pernicious Confe-
quences of that 5 And then defire you to accept the
moft
m
c " >
moft Hearty, and Seafonable Advice, I am able to
give, concerning your prelent Ele&ions.
,As to the Excellent life, and many publick Ad-
vantages of Parliaments .* I muft here profels, ( and
I think I fpeak the Senfe of a great many more ) that
I really efteem it my greateft Temporal Happinels,
that I was born in a Land, where the Government is
io admirably Tempered, that the King has all the
Power that is requifite to inable him toexecutejuftice,
and prote& his People, and which may be enough,
by the Blefling of God, to make him Great, and
Victorious .• And his SubjeCts injoy fo much Liberty
under him, as is abundantly fufficient to make their
lives plealant, and eafie : And as the power of our
Kings has not been known to degenerate into Tyran-
ny ; fo I wi(h and hope, that the Liberty of the
People will never be turned into a froward petulancy,
and contempt of the Royal Authority. The Parlia-
mentary way of confulting for the publick good, has
been a very Antient ulage in all thele parts of Ett-
rope, and fome Foot-fteps of it are ftill remaining in
molt of our Neighbouring Nations: But the Freedom
and Dignity of thole Noble AlTemblies has been no
where fo entirely preferved, as it is in this. And the
Benefits we might all receive from it, it not prevent-
ed by our own Folly, are exceeding Great 5 I fhall
name a few that feem very apparent.
And one is, That it tends direCtly to the increale of
that Love, and care which ought to be betwixt a King
and his People 3 for it gives them both the faireft op-
C 1 por-
(«o
portunity of knowing, and underftanding one anoc
ther 5 which is always the Original Ground, and firft
occafion of all good will, and kind inclination. And
this being once produced, by the intercourte of Par-
liaments, between the Sovereign, and his Subje&s ,
will be enfily preferved in the Breaft of the King, and
may quickly be propagated, by the refpe&ive Mem-
bers, through every Town, and County in the whole
Kingdom. The ordinary Method of proceeding, in
thofe Honourable Aflembiies, feems purpofely con-
t rived for the moft happy procurement of this good ef-
fe<ft: For when all the Nobility, and many of the prin-
cipal Gentry meet together, from every quarter, they
muff needs be intimately acquainted with the State
and concernsof all and every part of the Nation. And
after they have confidered, and agreed upon Bills for,
the Publickgood and Intereft, thete cannot pals into
Afts, till they be ftrengthened by the Royal aflent 5
which being granted, is the moft generous expreflion
of the King's Grace and Favour to his People, when
he gives them Laws to be Governed by, which were
propoled, and advifed for their particular advantage,
by their own Reprefentatives. On the other fide when
the neceffities of the Government have been intimated
to the Parliament, and they freely confent to the rai-
fing fueh Summs, as the occafion requires} whatmight
indeed be efteemed but a Duty, may be received as a
kindnefs. And here is the beft Foundation imaginable
for a mutual indearment .• When the King lays the
higheft Obligations upon his People, by contenting to
fuch Laws, as make for their eate and profperity 5 and
the People return their thanks for thefe Royal Favours,
C 1 ?)
by begging his acceptance of fuch fupplyes, as maybe
fufficient to maintain the Dignity, and Power of the
King. The advantages of fuch a reciprocal Love and
affeCtion are fo very great, and manifeft, that it will
not be neceffary to mention more 5 but there are fome
which Spring from the fame root, which may be a fur-
ther evidence of the excellency and wifdora of ourefta-
blifhed Conftitution.
It gives the greateft fecurity that can be had that the
Publick Treafure fhall not be mifpent: Not only be-
caufe the mifapplication of what had been raifed, is the
only pretence that can be made ufe of for any back-
wardnefs to a further fupply 5 but becaufe it is incon-
fiftent with the generofity of a great Prince, to la-
vi(h away the beftexpreffions of his Peoples Gratitude,
for the Liberties, and Protection they injoy under him.
ft affords the beft incouragement to every man's
private Induftry, to make what improvement he can
of his Eftate 5 when he is attired that whatever he
gains is his own Property, and that not one Farthing
fhall be demanded of him, without the Confent of
prudent and worthy Perfons, freely chofen and intruft"
ed by the Body of the Nation. And Induftry'increa-
fes Wealth, and Wealth brings content, and fatisfaCti-
on to them that injoy it, and preferves the People in a
profperous, and flourifhing condition.
Befides, our mod excellent Conftitution, might, if
any thing can, ingage the minds of all men, to an un-
conftrained and chearful Obedience to the Law;s
Since.
ChJ
Since our fubmifflon is required to nothing elfe, but
what has been ferioufly weighed, and deliberately re-
folved, by Legal Reprefentatives, impowered to do
it, by our own choice. And there can be no poffible
excufe for the man, that will not be bound by his own
Aft 5 that refufes Subjeftion to what has been, at leafl:
implicitly, confented to by every Free-holder in the
Kingdom.
And now let any Man judge what an admirable
Conftitution it is, where the Prince and the Subjeft
are ftrongly ingaged to Love one another 5 where the
Publick Treafure is guarded by Loyalty, and Honour^
where Induftry is incouraged, as much as is pofllble 5
and where a chearful, and voluntary Obedience can-
not be denyed / Let other Nations call themielves
Free,Let potent Princes afliime what Titles they pleafe,
there is none can boaftof more Liberty, than the Eng-
//jfr-man injoys 5 there is no Monarch more abfblute,
and really Great, than a King of Great Britain , in-
throned in the Hearts and affeftions of his People.
Having thus briefly mention'd fbme of the more ma-
nifeft and plain advantages of Parliaments, I fhall in
the next place fhew you, What it is that too frequent-
ly hinders the good effefts they might otherwife have.
And the general occafion of this, Is a ftrange notion,
that has been almoft univerfally fpread, and will very
hardly be rooted out of many mens minds, That the
Court and the Country, the King and his Subjefts are
two quite different Interefts. This has been flyly
infinuated by fome, and eafily believed by others, and
eagerly
(i5)
eagerly fomented by thofe, whofe profit, or Ambiti-
tion made them defirous of a Change. Such are al-
ways very forward to Difcharge their private Difcon-
tents upon the Government, and hope to advance
themfelves, and repair their fhattered Eftates, by dif-
fetling the Foundations of our Peace. But the preten-
ces, on which thefe men are wont to bear up them-
felves, are manifeftly vain, and fupported by nothing,
but a moft: palpable miftake. The true Intereft of a
King, and his People is ftill the fame. For it is cer-
tarnly the Intereft of the People, that the King fhould
be in a condition to- adminifter Juftice, and preferve
the Peace at home, and likewife to defend them from
their Enemies abroad : And it is no lefs the Intereft of
the King, that the People fhould thrive under his Go-
vernment, be free from difcontents, and in a capacity
to contribute Liberally to the Publick neceffities.
What King could Reign happily, where the People
were extremly poor and indigent, in danger of being
ruined by a fix months tax, and unable to give whaf
the exigencies of State may require * And \vhat Peo-
pie could efteem themfelves fafe, where the Exche-
quer were fo low, and the King fo ftraitned, that he
could not curb the infolenceof unquiet, and Seditious
Spirits among his own Subjects 5 nor repulfe the force,,
and affaults of a Foreign Power > The thing is fo ex-
ceeding plain and abvious, that there is no man, but
he may prefently perceive, how thefe Lines, which
feem to be drawn from the moft oppofite parts of the
Circumference, do meet atlaft, and muft always cen-
ter in the fame Point*
But;
( 16)
But this notwithstanding, there are fome that
would fain perfuade us, that the Diftance betwixt
them is fo very great, that it is impoffible they ftiould
ever be united. And when they have pradiftd upon
the credulous Multitude, and made them believe it,
their Heads are eafily filled with a thoufand Jealoufies,
and wonderful Chimera 's. They are like Melanchol-
ly mufing Men, that draw Pidures in the Clouds,
that can diftover fiery Dragons, and moft dreadful
Apparitions in the cleared Sky. They are mightily
troubled, not with any thing they lee, or feel 5 but
with very ftrange imaginary Fears, created only by
their own Fancies.
But I (hall indeavour to difabufe thofe, if there be
any fiich, that do not yet fee through the Defign 5
And to this end I (hall lay before you the moft com-
tnon Pretences, upon which theft Jealoufies have been
advanced. They are no other than what you have
often heard 5 and it may be, you have been very
much concerned about them 5 and there was Reafon
enough for it, if they had been true. We have been
told therefore, of Grievances of the Subjed 5 that
our Liberties, and Properties, were like to be invadedj
and that we were in imminent Danger of Arbitrary
Power, and Popery. Theft were the things with
which the whole Nation was allarm'd ; and the cry
was fometimes fo ftrong, and almoft univerlal, that
it might have fomething diftompoftd a very fober,
and fteddy- minded Man : But when the fright was a
little over, and he had time to recoiled hhnfelf, he
would quickly find, that he had no juft ground to be
much
(JV
much difturbed with thefe terrible Aoprehenfions:
And that they were but like a fit of the Night-Marc,
in which the Party affe&ed Dreams he is fo horribly
oppreffed, with lome mighty Weight lying on him,
that he can fcarce fetch his Breath , when all the pref-
fure is occafioned, only by feculent Humors in his own
Body, and grofs Blood too much thickened with Me-
lancholy. But whatever they be, or from what caule
foever they may arife, I (hall briefly examine the fe-
veral Pretences that have been wont to be made.
The moft common and general is that of Grievan-
ces; a Word of a loofe and uncertain Signification,
and in Vulgar Acception implyes any thing, that any
Man is difpleafed at, and can declaim againft with
forne (hew of a popular Zeal for the good of the Sub-
jefr. And the Inve&ive is always the eafieft part of
Eloquence, at leaft it makes the deepeft Impreflions
on the Minds of thofe, that are readily difpofed to
entertain an ill Opinion of their Governours. But
you know what fort of Men they are, who if a wag-
gilh Boy do but tie a Straw about their Finger, ima-
gine prelently they are in Chains, and moft heavily
loaded with Bolts, and Irons. Complaints have run
high, and the talk has been loud, but it is hard to con-
ceive what Grievances we have fuffered, fince the hap-
py Reftitution of the Royal Line 5 unlefs it be, that
our Trade has been incouraged, our Shipping and
Navigation exceedingly increafed, and that we have
lived in plenty, and eafe, a.nd injoyed our own quiet-
ly, and been almolt miraculoufly preferved in Peace,
by the great Wifdom, and continual Care of a moft
D Excel-
(i8)
Excellent Prince 5 when moft of our Neighbours were
harafled, and miferably wafted with Fire and Sword,
and felt the Extremities of a moft Bloody and Cruel
War. I cannot tell of any other Grievances but thefe$
yet I will not deny but that there may poffibly be
fome Inconveniences not formerly forefeen, which may
be provided againft by future Ads. But if any fuch
fhall be really found, and Bills prepared for the R.e-
drefs of them 5 no Man can have any Reafon to doubt,
butthatHisMajefty will be fo far from reje&ing them,
that he will be glad of that, and all other Opportuni-
ties, of Expreffing thePaffion he has for the Eale, and
Satisfa&ion of his People. In the mean time, if we
(hall murmur and be difcontented ftill, and complain
of Grievances, when we feel none, but what every
Man's private Misfortune, or Negligence, or Prodiga-
lity has brought upon him 5 inftead of the moft hap-
py,as we are,ifwe could but be made fenfibleofit, we
may be juftly efteemed the moft foolifh, repining,
querulous, ungrateful People in the World.
Another Pretence has been, that our Liberties and
Properties were like to be invaded. Liberty, and Pro-
perty are Words that chime well enough, and have
been a great while yoaked together, and men have
been taught to tune them over, in a moft Lamentable
note, as if all they had were ready to be feized on,
and they hurried to Goal, and made abfolute Slaves
and Beggers immediately. For this, if the confterna-
tion he may have been in will give him leave toconfi-
der, let every man confolt but his own Experience.
Has he ever been illegally imprifoned ? Has any part
of
f 1 9)
of his Goods been violently wrefted from him > Has
his Houfe been rifled ? Have his Barns been Elobbed )
Have his Cattle been driven off his Ground ? Has he
Suffered any thing, under colour of Authority, that
could not be juftified by the known Laws ? If he do
not find himfelf to have been thus injured } or if he
do, if the Courts be open, and ready to vindicate him,
in a fair, and equal Tryal, he may then reafonably
conclude that neither his Perfon, nor Eftate were in
that hazard, which the Noife that was made, might
incline him to imagine. For certainly our Liberties,
and Properties are as well fecured, as any thing on
Earth can be } they have all the defence that Human
Prudence could poflibly give them: they are eftablifli-
ed by Law, and have been confirmed, and ratified,
by the conftant Pradice, and many Gracious Decla-
rations of a long Succeflion ofexcellent Princes. And
we can hare no greater Affurances than thefe, on this
fide Heaven. But if we have not too highly provoked
Almighty God, by our great unthankfulnefs, for the
many Bleffings beftowed upon us , but can be per-
fwaded to truft him with the Event, and depend up-
on his Wifdom for the Iffues of the future, the Divine
Providence might then be ingaged for our temporal
Good, and the prefervation of thole many Earthly
Felicities we now in joy. But our Fears, andjealoufies
are the moft effedual way to defeat our Hopes,and put
all in Diforder} they provoke God JVho knows we have
need ofthefe things , and has forbidden us to difturb our 2 d,&c.'
minds,withdiftrading Cares for what is to come} they
highly difoblige our Sovereign, by manifefting an o-
pen, andprofeffed Diftruftof his fCoyal Goodnefs,and
D 2 Fa-
VHI
"■» '■* 1 «•■
( 20 J
Traitte
dcla Poli-
tique de
France, c.
M-
Favour 3 and they certainly bereave us of the fruit of
that happinefs we had in pofieffion, by racking our
thoughts with vain furmizes of unknown evils, we
conceit may poffibly befall us hereafter. This weak-
ntfs, and folly of our Nation, has not efcaped the no-
tice of Strangers. There is a little Book written fome
years fince, and got into publick, I know not how,
wherein the Author chalks out the way to the Univer-
fal Empire. And among other remarks, he tells us,
that, If the King be obliged to maintain ftrong Garrifons,
though for their ncceflary defence, this will make the
People of England believe, that he is forming great deflgns
againjl their pretended Liberty : So he is pleafed to call
it. And this he obferves, not withoutReafon, is one
thing, that will contribute very much to the haften-
ing of our ruine. And if fo, then thofe that feemtd
fo very full of Apprehcnfions, that they would have
had his late Majeffy's ordinary Guards difbanded, did
but purfue the Methods laid down in the French Poli-
tickj 3 and if there were any Penfioners , it may be ea-
fily guefled, who they were 3 unlefs the Gentlemen"
had fo great a Zeal for the Service, that they would
do the work freely, without expeftir.g any Wages for
their paibs. But they might pretend what they pleafed
for the ripening the Projetts, they were then flaming.-
Our Liberties we faw were not attempted, and God
be praifed, they remain unviolated frill 3 and are not
in any Vifible Danger, unlefs we betray them our
felves, by our own Groundlefs and Extravagant
Fears.
I
The
C 21 )
The next Pretence is not mjich unlike unto this 5
And it is, as we have been told, that we were in im-
minent danger of Arbitrary Power} that all things
fhouldbe managed by the prefent Will, and uncertain
Humour of thole that Governed, and that our Lives
and Fortunes ftood continually expofed to their Plea-
fure} juft as we remember it was in the time ofthe late
unhappy Confufions. For anfwer to this we need but
to examine again, and confider, whether every thing
hasnot beenadminiftred inthedueFormandCourfeof
Law , and then why fhould we entertain thefe fright-
ful and uncharitable fufpitions .<? Princes do well un-
derftand, that the Thror.eis eflablifoed by RightioufneJj 5 p r ov. 16.
and that it is their mod unalterable Intereft, to take I2 -
care that Juftice be duely, and impartially executed.
They whom the Laws have fettled in the higheft place
ofEminency, and Power, will always have a tender
regard to thofe Laws by which they Reign, and do
fupport their Royal Dignity, and Prerogatives. But
all that invade the fupream Authority by Ufurpation,
muft needs be Arbitrary. They feat themfelves by
for^e at the Helm, they come in with a dorm, and
the Violence of the temped unavoidably dalhes the
Veffel upon this Rock. What they have gotten ille-
gaily cannot be managed according to Law. What
was the purchafe of the Sword, mud: of neceffity be
maintained by the Sword. Intruding Powers will al-
ways be the mfod Arbitrary, and Tyrannical. Law-
ful Princes have a kind Sympathy for their Subjects}
and are fenfibly affe&ed with any Miferies, and Incon-
veniences they fuffer} as the pain ofevery Member, is
immediately felt by the Head. But an Ufurper isnot
fucR
Xi 2 >.
fuch a Sympathizing/Jmt a Rider, as it were, of
the Body Politick 5 he leaps into the Saddle, and puts
on Furioufly, and Whips, and Spurrs without any
Mercy to the poor Creature he has got under him.
He comes at firft with his fair Promifes, and fmooth
Pretences, and, it may be, inveighs moft vehemently
againft Arbitrary Power, and Invafion of the Rights of
the People. But it is time to look to your Money,
when the Pick-pockets bid you, have a care of your
Purfes. There was never any great Cry made about
this Arbitrary Power, and the like, but that they who
opened the loudeft againft it, had a defign to intro-
duce it themfelves. It is beyond all queftion } we
have feen the thing effe&ually experimented, more
than once. We have reafon therefore to be always
Jealous of thefe teeming Zealotsfor the Publick good 5
but there can never be any juft occafion of (ufpe&ing
our Prince $ efpecially fincehis Majefty has been plea-
fed to a Aureus .* That he cannot rvijh to he a Greater Mo-
narch 5 then the Lam of England are fufficient to make
Him. Which moft Gracious expreflion, if we bad no
other Arguments for our Confidence, were alone a-
bundantly enough to quiet all Men's fears, as to this
Particular.
But yet we have been farther told, that there is great
danger of our being (uddenly over-run with Popery.
This indeed is a thing, if it were true, that might juft-
ly fill the minds of all lober men with very fad appre-
henfions. But you know that it was this very pretence,
that was made ufe of to bring on and ftrengthen the
late Rebellion. The People were then generally per-
fwaded
C 2 3)
fsvaded to believe, that the whole Church of England
was, at leaft, Popifhly affe&ed 5 but when they had
deftroyed, or Eclipfed it, by thefe malicious fuggefti-
ons, feconded by the force of Arms 5 how very few
were there of that Communion who did then revolt
to the Church of Rome, when they lay under the
ftrongeft temptations! Nay did they not even then, a-
mong all the preffures, and difficulties they were in,
moft ftoutly oppofe all Popilh Innovations, and write
mod learnedly, and convincingly againft them ? And
if the Priefts, or others of that Church (hould nourifli a
vain hope, and imagin they had gotten fome prefent
advantage 5 and fhould be thereby incouraged to try
their Arts of Infinuation, and begin to praftife upon
the weaknefs, and credulity of the Vulgar 51 do not
doubt, but they would quickly find very great
Numbers, who, by the Grace of God, would be
ready, and able to incounter them withSuccefs, and
expofe their Fallacies, and evidence to the World,
that the Additions that have been made to the Creed,
are inconfiftent to Scripture,R.eafon and Antiquity, and
that it is our Church, as it is now by Law Eftablidi-
ed, that does conftantly maintain the true, and
AntientCatholick Faith. So that there cannot be that
appearance of Danger here, which fome have very
uncharitably fufpe&ed. Befides we have the Counte-
nance and Security of the Laws, all on the fide of the
Church of England 5 and at once to banifti the wild-
eft Fears, and moft unreafonable Jealoufies, His Maje-
fty has been pleafed to give us his moft Gracious Pro-
mife, that he will always take care to defend and fnpport
it. And who can entertain the leaft doubt of the fin-
cerity
( 2 4)
cerify of his Royal Word ? Flattery, and Diffimula-
tion are bafe, and plebeian Vices, that can never gain
Admittance in a Noble and Generous Mind. The Ho-
nourof him that fpeaks, gives a proportionable Value,
and Credit to what he fays; and the word of a King
ought to be efteemed as facred, and inviolable as his
Perfon. And when we have the Word of a King,
and fuch a King as was never known to fail of his
Word, it is the vileft Ingratitude, and the higheft Af-
front, and Difhonour we can do him, not to reft per-
fedtly fatisfied, but to exprefs adiftruft, where he has
given us the greateft Afl'urances Imaginable. For to
conceive that a Prince of the moft unfpotted Honour,
and unqueftionable Generofity, (hould (o often, and
fo folemnly declare, what he did not really intend,
and firmly refolve to peiform, is little lefs then a Con-
tradiftion .* I am fure it is far beyond the ordinary
rate of a Moral impoffibility. And they that will not
be convinced by this, ftand in need of dayly Miracles
to create a Belief. But God be praifed we have great
Reafon to be full of Hopes 5 for the danger of the
prevailing of Popery, for ought we can fee, is chiefly
feated in our own cowardly, and miftruftful Fancies.-
unlefs it fhould pleafe God to punifh us, for pretend-
ing too great a follicitude for the future 5 which is a
degree of Infidelity towards him, and in this Cafe,
the moft unpardonable indignity, anddifrefpett to our
Soveraign.
I have touched upon all the moft common Preten-
ces that have been made ufe of to ingender Differen-
ces between the King, and his People , and they all
car-
( 2 5)
appear to be great miftakes, or vain furmizes. The
truth is, they have been ufually promoted, for the
carrying on of fome Defign. Some that have raifed
theloudeft Clamours, had been difcontented on fome
Occafion, or. other, and did it only to be revenged
on the Government: Some intended to Signalize them-
(elves by bold Speeches, and hoped to be filenced by
Places at Court: And fome, it is to be feared, indea-
voured by this means to put all things in Confufion,
and then expe&ed to enrich themfelves, with Com-
fortable Shares of plundered Goods, and Malignant
Lands. But however it were, if a prevailing Party
could but be poflefled with thefe Jealoufies,they might
be able, to be fure, to intangle Matters of the great-
eft Importance, and obftruft the moft weighty Procee-
dings in Parliament.
And I now come to mind you of the Pernicious
Confluences of this. For as the Conftitution of this
Kingdom is the moft happy, that Human Prudence can
Invent, when there is a blefled Harmony, and Agiee-
ment, between the Head, and the Members: fo it is the
moft unfortunate, and deplorable of all, when fuch
mifunderftandings arifo, as cannot be fpeedily recon-
ciled. Thefe will beget a perpetual ftruggling, and
very dangerous Convulfions in the State. Jealoulies
will be increafed, and thefe will give a check to the
moft material Debates , that they will hardly be
brought to any good Iffae. When a chearful concur-
rence to the King's moft Pveafonable Demands, {hall
beobftinately refufed, out of I know not what Fear^
he cannot be well pleafed with the Difappointmenr.
E And
(»«)
Ana when Parliaments return Home full of Diflatite
faftions, whether they be Juft, or no, thefeveral Mem-
bers, inftead of making a kind Conftru&ion of their
Princes A&ings, as they fhould in Duty do, will be
too apt many times to fow their own private Difcon-
tents all the Country over 3 and the Multitude will be
eafily imprefied with (ufpitious Thoughts, and ima-
gine that there ire fome very ftrange Defigns upon
them. This will breed fecret Animofities, which will
fbon difcover themfelves in Words, or Aftions3 and
then the King cannot be ftcure of their Obedience,
but will be forc'd to have a watchful Eye upon all
their Motions. Arkl there needs no more, but this
mutual Diftruft, to make this Nation Mifcrablc e-
nough,
But I will further evince this in the Grand Inftance
of Pecuniary Supplies. Thefe every Mafi knoWs are
frequently Neceffary for the fupport of'the Govern-
ment, and Defence of the Kingdom 3 and if they be
with-heldin fomejunftures, muft undoubtedly prove
of very Fatal and Ruinous Confequence to both. For
the Laws have given the King the Sole Power of Peace,
2nd War 3 on the other fide, no extraordinary Levies
are to be made, without the Advice and Content of
ParliamentSo that the one hath the whole Power
of the Sword, and the Purfe is born by the other 3
and it may be Very well, fo long as a good accord can
be maintained betwixt them. But if a Difference
fhould be ftarted, which cannot be adjufted in time 3
this would lead direftly to the Subverfion of the Go-
vemment, and might be made the fad Occafion of
bring-
SS.
x_
C 2 7 )
bringing the whole Nation into Slavery. The thing
is Plain and Vifible to every Eye ; For when the
Sword is put into the Prince's Hand, if the People
Ihould wantonly bind the Arm, or cut the Sinews, by
which it Ihould be managed3 he muft either let it drop
to the Ground, or it might be wrefted from him with-
out Refiftance. Suppole the King ingaged in a War,
and the neceffary Supplies for the carrying it on,
Ihould be ftiffly denyed 5 what muft be the Event of
fuch an obftinate Refufal > The Enemy would be
hereby mightily heartned, and the EngliJIj Courage
extreamiy damped 3 many favourable Opportunities
of Aftion muft be loft, many Dammages fuffered that
might have been prevented 3 none but a very faint
Oppofition could be made 3 we might poffibly linger
out a while, like a man in a deep Confumption, and
be forced at length to yield to the pleafure of an In-
folent Conqueror, or to ftrike up a Peace on fuch dif-
honorable Terms, as could be procured 3 which if the
fame Retentive Humor (hould ftill continue, he would
be tempted to break upon any trifling pretence 3 and
then the fame Inconveniences, and Dangers, would
return again. Or if we could be fecured from thefe,
yet the Poverty of a Prince might Incourage daring
and Seditious Spirits, among his dwn Subjects, to at-
tempt a Rebellion, and to deftroy all by Civil and In-
teftine Broyls. I fpeak not this out of any prefent
Apprehenfions I have, that fuch Miferies are like to be-
fall us now: For, God be praifed, we have a Sove-
raign fo excellently adorn'd, with all Accomplishments
befitting that high Station, that are (ufficient to make
all both at Home, and Abroad, very careful how they
E 2 be-
(a8)
become his Enemies •> and I hope we (hall have a Par-
liament of that Wifdom and Sobriety, that will con-
tribute what (hall be needful to make His Power to be
feared, and His Allyanc.e valued, and to contain His
Subj^&s within the Bounds of their Allegiance .• But
what I was faying was only to intimate what a lamen-
table Condition we might be brought into, in Cafe
the Money necefiary for our Defence, fhould be obfti-
nately denyed. It might be the Occafion of our in-
evitable Ruin j by infeebling the Nation, and expo-
fingit weak and naked to Foreign InvaHon, or Do-
meftick Infurreftions. And either way, it tends ap-
parently to the total Dlffolution of the Government :
which jtfuft involve all in endlefs and inextricable
Calamities. This feems very evident ofit felf, but I
(hall illuftrate it a little by two very pregnant Exam-
pks.
The one (hall be fetched out of the Hiftory of an-
other Age, and Countrey : And it is what is obferva-
ble to this purpofe, from the facking of Conflantinof.e
by the Great, aud Cruel Mahomet . When the Tyrant
had advanced his Forces to the Walls of that Mighty
City, and began tp prefs it very hard $ the difhefled
Emperor within w r as forced to go about himfelf from
Hbufe to Houfe, begging and intreating the Wealthy
Citizens, with Tears in his Eyes, that they would
cphfider the Danger, that was then at their very Doors,
and lend their Affiftance for the neceffary Defence
of the Place, in that great Extremity. But all in vain,
nothing could move them5 they makeExcufes, plead
Poverty, and murmur at that little they had already
ex-
( 2 9.)
expended for the publick fafety. Upon this the Ci-
ty is taken by general Aflault } the unfortunate Em-
peror trodden to Death in the Crowd 5 their Houfes
are ranfacked, and an incredible Mafs of Treafure dif-
covered in them, which fell all into ihe Enemies
Hands, who fcorri'd and derided their preverie Fruga-
lity, in hoarding up the Whole for them, whenthry
could not afford their Natural Prince a final! Part, in
his and their own moft deplorable Neceflity: They are
flaughtercd by heaps in the fury of the. Storm , the
Perfons of the beft Quality that efcaped then, are re-
ferved to be Butchered in cold Blood, after they had
feen their dearcft Relations fuffer the greateft Indigni-
ties before their Eyes} and the poor remainder of
thofe that were left alive, are made pitiful Slaves to the
Sivage, and Inhuman Barbarians. Thus that proud
and ftately City, which had been the Seat of the Ea-
ftern Empire above a thoufand Years, became a Tor-
phieof theO/r<?tf/<i«Greatnefs, and remairisa Handing
Monument to the eternal Shame and infamy of the
beiotted Grcekj, who rather than part with a very
fmall Proportion of their Eft'atcs, loft all, faw their
Country laid Deiblate, their" Friends Slain, and them-
feives, and their Innocent Pofterity wilfully betrayed
into the moft Miferable Thraldom. This is the Effeff:
of fo much good Hufbendry, when the welfare of the
Publick lies at Stake.
I will take the other Example fom home, and from
what has happened within the Memory of many now
living. That blefTed Martyr King Charles the F/r/i,
at his coming to the Crown, found himfclf ingaged in;
a
( 3° )
a War,which for want offuch fupplies as were largely
promifed, met with a very unhappy Conclufion. O-
ther mif-adventures there were, proceeding chiefly
from the fame Caufe, which did very much impair
the reputation of the Englijh Valour, and Conduft.
T his made us but meanly efteemed by our Neighbours,
and fome of them hereupon began to difpute the Do-
minion of the Seas 3 nay the Algerines , nothing fo
ftrong then, as they are now, had yet the boldnefs to
ride in the very Channel, and fometimes to come on
Shoar, and take whole Families out of their Beds, and
carry them away into the moft wretched Captivity 3
and if an inconfiderable Neft of Pyrates were fo far
incouraged by them, what might have been expe&ed,
if a more potent Enemy had taken the Advantage of
the Neceflities we were then in } But thefe Mifcbiefs
being pretty well provided a^ainft, by the Care and
Vigilancy of the King 3 at length came the Parlia-
ment of Forty One 5 who being animated unto it by
the King's wants, and moft ingratefully abufing the
greateft ConceffioHS that were ever made to any Sub-
je&s, brought on the late Unnatural War 3 which en-
ded in the moft Execrable Murder of that Incompara-
ble Prince 3 and after all the glorious Cryes about Li-
berty, and the like, we found our felves wheadled in-
to an abfolute Bondage, to a ftandingVeteran Army,
and a pack of the moft Notorious Villains, that could
be picked out of the whole Nation. The thing is
true, and the Words cannot feem harfh unto any,
but fuch as approve the Faft, and would be glad
to fee the fame Tragedy a&ed over again. But he that
fball well confider this, will not ftand in need of any
other
C 3 1 )
other Arguments to convince him, of what lamenta-
bleCondquence it may be, when Parliaments will not
be induced to comply with the Judand neceflary De-
mands of their Soveraign 3 it lays us open to the Pow-
er of Strangers, and theDefigns of wicked Men among
our felves 3 it leads to the ruin of the Government,
and expofes us to the inexpreffible miferies of Slavery,
and Confufion.
Now that I have (hewn you what it is that fometimes
hinders the good effe&s that Parliaments might have 3
and what the deftru&ive and pernicious Confequences
of that are 3 you may eafily guefs what kind of Mem-
bers I fhould advife you to choofe. And every Coun-
ty being fo well dored with great variety of Loyal
and Worthy Gentlemen, you would be now wholly
inexcufable if you fhould fail in your Elc&ions 3 and
inftead of difcreet and judicious Perfons who would
be able to create a good underftanding between the
Ring, and his People, you fhould fend up Men open-
ly difaffefted, who would make it their buGnefs to fo-
merit Jealoufies, and turn your Brains, and make them
Swim with idle fufpitions. This would he the way
to defeat our hopes, and obftruft that happy com-
pofure of all our Fears, which we expeft from
the meeting of this Parliament, which is now at
Hand.
For prevention of this you fhould be perfwaded to
make choice ofmen ofGood, at lead competent, and V
found Edates. For the neceffitous are the mod lyable
to the temptation of being corrupted, and byaflfed any
wav-
c ?o
way with the hopes of a little gain. If you are indeed
affraid of Pijloles, there are none fo like to be over'
come by that kind of Arms, as men of mean and in-
digent Fortune?. But fetting that confederation afide^
- it is in it felf an unbecoming thing, that they fhould
have any power oflaying Taxes upon other men, who
cannot, or will not pay their own Debts j that any
fhould be fuffered to get into the Houfe, only to be
prote&ed from their Creditors} and take San&uary at
Wejlmvifler, to efcape the Fleet, or the Kings-Bench.
But I fuppofe fuch as thefe will not be forward to ap-
pear, or if they fhould, you that know them willeafily
put them by.
In the next place therefore you fhould be very cau-
^ tious that you do not favour any, whom you can fuF
pe& to have the leaft taint of the Bill of Excl ufion •• A
Bill ofamoft dariDg, and dangerous Nature 5 and fuch
a one in many refpe&s, as was never brought into
Parliament before 5 you can fcarce imagin what a heap
of miferies you efcaped, when it was bravely and re-
folutely rejected in the Houfe of Lords. You are now
God be praifed, in perfeft Peace j you poflefs your
own quietly, and converfe together with a Neighbor-
ly Kindnefs, and Familiarity. But if that defperate Bill
had taken place, you had at this moment been fheath-
ing your Swords in one anothers Bowels $ you had
feen your Houfes in a Flame, the Country fmoaking
round about you,your Cities and Towns laid in Afhcsj
and been fubjeft to all the Calamities that the raoft
Bloody Civil War could bring upon you. ForPrin-
^ ees are not to be Voted out of their unqueftionable
Rights
c33 •>
Rights, nor debarred of their inheritance by a Scrowl
of Parchment. A Title to the Crown was never de-
cided in Weflminfter-Hall. Thole Difputes cannot be
ended, but in the Field 3 and of all the Nations in the v
World, England has the greateft reafon to dread the
ftarting of fuch a Controverfie. The Competition
betwixt the Houfes of Tor^, and Lancajler coft us dear.
Look into your Chronicles, and lee what Lamentable
devaftations were every where made / How many
cruel Battles were fought! How many thoufands of
Englijl) lives were (pent in the Quarrel / How many
Ages almoft the wound was kept bleeding, and never
fully clofed, till thejhappy Succefi, and happierMarriage
of Henry the Seventh ! What can you exped from thofe
that had the confidence to attempt the Interruption
of the Royal Line, and to dig up the fureft Foundati-
on of our Legal Settlement > They that were for Ex-
eluding our Gracious Sovereign, might quickly ftretch
their deftra&ive Principles a little farther, and beeafily
induced to affault him now, that, by the Bleffing of
God, he is peaceably Seated on the Throne of his
Anceftors. But I truftthat the fame Providence which
placed him there, will continue to defend him, from
the Subtiltyand violence of all His, and our Enemies.
And I cannot but believe that you will be very care-
ful, how you give thofe a frefh opportunity of doing
mifchief, that would have fuddenly plunged you into
the moft miferable Confufions.
But after you have delivered your felves from the
Fear of thefe 3 be lure you put none in their room, i
but men of approved Wifdom, and Integrity. None
F elfe
\V-
N "■± J."..■■--_ / ■ • : - — -,,v- /
( W)
elfe can be fafely intruded with any concern 5 but
theft, you may fecurely venture your Lives and For-
tunes^in their hands. Theft will be able toforefte a
Danger, and willing, and ready to prevent it 5 they
will confidcr all circumftances, and weigh every thing
impartially , and carry themfelves evenly between
the King and the Subject. They will preftntly dif
cern any inconveniencies the People may lye under,
and prepare fuitable Bills for the remedying of them.
When the King s cccafions require their aid, they will
grant it freely, without pinching any thing from him.
They are not impofedon by that great miftake, which
ftems too ccmmop, as if they were always to drive a
kiad of Bargain with their Prince: So much ready mo-
Rey, for fo much Prerogative. This is unkind, and
difobliging, and a very unequal way of Dealing. For
money that is given, may be gotten again 3 Bulloin
maybe imported, and the Circulation of Trade will
bring it in .- But the Prerogative once diminilhed can
hardly be repaired 5 there is no trucking for fuch
Goods 3 our Merchants cannot furnifh us with this fort
of Commodity from the Coafts of Guinea, or Spain. At
this rate thegreateft Prerogative might be foonexhau-
fted 3 and a King in fome years, if he could be fuppofed
to be fo eafie, might fell away the whole Regal Power.
But Sovereigns have as much reafon to be careful of
the Prerogative, as the People can have to be Jealous
of any Right or Property whatfoever. Nay the Peo-
pie themfelves, if they would but underftend it, are
equally concerned in the prefervation ofit. For it is
the main foundation of their Security 3 and they that
fhould Fooliflily go about to undermine it, would find
r? 5 J
it fall heavy upon their own Heads. Without a full
Power of Calling and DilTolving Parliaments, of Sign-
ing, and Reje&ing Bills$ of Railing, and Difbanding
Forces jofPardoning Offenders, and Executing Juftice,
nothing could be rightly managed. A Prince that x
Ihould be devefted offuch an Authority, would be no
more but a Royal Statue3 he muft be rendcr'd weak,
and contemptible to all, and utterly unable to defend
his People. Of this Wile and Honeft men will be ve-
ry fenlible3 and no other will be chofen by thole, that
have any value for their own private, as well as the
Publick fafety.
In the laft place youlhould be very careful to choole
men of known affe&ion to the eftablilhed Church of
England. A Church againft which there cannot lye
the leaft juft exception 5 that has purged it lelf from
the errors, and abufes which a long tra&of time had by
degrees brought in, and mixed with the Primitive
Practice, and Belief3 that has been always highly e-
fteemed by all the Reformed beyond the Sea's 3 and
thole at home that have profeffed a Dilfcnt from it,
have generally approved the Do&rine of it 3 and the
controverfie, how high foever it may have been carri-
ed, has been only about matters ofexternal Difcipline,
and the refufing Obedience to a few Indifferent Rites.
And that which, it may be, is a Glory Peculiar to this
no Member of it has been ever known to be inga-
ged in any Rebellion againft their Prince. His Ma jefty is
very lenlible of this, and has publickly fignifled, how
fatisfyed and allured he is of our Loyalty, and has pro-
mifed to fupport us 3 and ycu cannot then better ex-
F 2 prels
(3 <S)
prefs your hearty thanks, for the Gracious Declarati-
onshe has made you, then by the (hewing your Zeal
for that Church, which he has taken into his Royal
Prote&ion. There arenoneof any other Denominate
/ on amongft us, who have not either openly abetted
(bmeFa&ious Defign } or given too great occafion of
fulpe&ing their Fidelity to the Crown. And if any of
you fhould be prevailed with, upon any pretence, to
make choice of any fuch Perfons} you muft not think
it ftrange, if it (hould be looked upon as a manifeft
Teftimony of your DifafFe&ion to the King. For if
fuch as thefe (hould creep into the Houfe through your
carelefnefs, or credulity, it is like enough that they
would foon fall to their old Pradice, of amufing men's
minds with the moft horrible Fears, and Jealoufits,
they could poflibly invented thefe are a kind o( Wild-
fire, very eafily kindled, but exceeding hard to be
put out .• And how then would you be able to ex-
cufe your felves from the Guilt of the infinite mifchiefs
that might follow, if by thefe means any mif-under-
(landing (hould arife, which might blaft the hopes we
have conceived, and prevent thatuniverfal fatisfaftion
which is expefted from the Prudence, and Loyalty
of the Infuing Parliament ? But I need not ufe any
further Arguments here, your own fafety will bed
Admonifh you what to do. Many of you in your
/ Addrefl'es, both formerly, and of late, have Solemn-
Jy promifed to Eleft none but Loyal men} and if you
fhould do other wife, thofe very AddrefTefs would remain
as the moft dilhonourable Records ofyour fickelneft,
and inconftancy. The King will never violate his Word
he has given to you 5 and you are bound to be as good
as^
( 37 )
as yours, you have paffed to Him, if you have any regard
to you Credit, Intereft, or Confcience.
I have now taken the Freedom to Communicate
fome of my mod ferious Thoughts unto you, with
Reference elpecially to the prefent Conjuncture. It
is not any forwardnefs to biafie my (elf with Matters of
this Nature, that has occafioned the Publication of
thefe haftyConceptions, but that I might remove a falfe
Imputation. I have therefore (hewn youwhatanHono-
rable,Efteem we have for Parliaments; what great Ad-
vantages we might reap from them; what are the moft
common hinderances of the good EffeCt they might
have; and what are the Mifchievous Confequences
that follow from thence .* And upon this Occafion I
could not forbear to offer fome Friendly Advice for
the preventing thofe Evils which fuch Mifcarriages
might bring upon us. I. have not troubled you with
things of a nice Confideration, but fuch as are eafie
and obvious to every Man's Notice ; and no more, I
believe, than what you your felves have thought, and
often difcourfed with one another; and it thefe Pa-
pers fhould chance to come to your Hands, after fome
of your Elections may be paft, I hope you will have
followed the fame Counfel, before you had it from mey
and that inftead ot Advice what to do, this may be
but a juft Commendation for what you have done.You
may perceive all along, that my chief Aim has been
to root out thofe Caufslefs Jealoufies,which may often;
endanger the publick Peace. Thefe are always to be
carefully avoided .* They are the very Bane, and. Peft of
all Societies .* They are like the Fits of the Choi;;; •,
(j S)
they affiid us with the mod fharp, and intollerable
pains, and tear our very Bowels, and yet they pro-
ceed from nothing but a light, and flatulent Humor.
They are the mod dangerous Rock, againft which
cur faireft Hopes have been many times mod unfortu-
nately fplit. And if any of thefe (hould be caft in,
and cheriflied in this Parliament, they might breed
that Alienation of Affedions, which the wifeft Con-
dud: of many Years might hardly retrieve. The firft
tindure that is given, is (carce ever wholly to be wa-
ftied out. But God forbid that any fuch thing as this
(hould happen unto us. The Eyes of all Europe are
upon you, expeding the Event of this next Seffion.
If it (hould have that agreeable Conclufion we pro-
mile our felves, it might by the Bleffing of God, not
only (ecure our own, but tend to the Pre(erva-
tion of the Neighbouring Countreys round about us .•
But if it (hould be ended in any Difcontent, who can
fbrelee the many (ad Conlequencesof that ? This is cer-
tain 5 our Friends would be exceedingly difcouraged,and
our Enemies grow unfufferably infolent, andfcorn and
deride us for it, while they made their greateft Ad vanta-
ges of our Folly.It is in your Power to contribute fome-
thing to the prevention of this, by the Eledions you are
making. You have a Prince ofthe moft approved Gallan-
try, and Refolution, that is the Blefling of this and
the Envy of other Nations $ that is able to ftrike a ter-
rour intohis Enemies3 that has often hazarded his Life
for your fakes 3 and (till to exprefs what a tendernels
he has for you, he has lately, and the very firft Oppor-
tunity, endeavoured to give all poffible Eafe and Sa-
tisfadion to your Minds by his moft Gracious Decla-
ration.
(39)
ration. Shew how fenfible you are of the higheft Ob-
ligations that can be laid upon Subje&s. Send him
up Men that will aflift him in the Brave and Generous
Defigns he has entertained for the publick Good^and
not Cavil away their time in impertinent Scruples, and
never bring any thing to an Iflue. His Majefty has hi-
therto had the Felicity of David , that in all A&s of
Government, Whatfoever the King has done, has pleafed 2 Sam. 5.
all the People : I with that by your prudent and dif 3**
creet Behaviour the Propofition may be happily con-
verted, That all that the People Jhall do 3 may pleafe the
King : That fo both King and People may live toge-
ther in mutual Love, and Confidence one of another 5
that the Government may be preferved, ourEfiablifh-
ed Religion maintained, the Glory, Strength, and
Riches of the Nation dayly increafed^ and that thefe
Bleffingsmay be always continued to the prefenr, and
all fucceeding Genetations: And to this there is no
true Englijh- man, nor Chriftian , but will hearti-
ly fay, AMEN.
FINIS.
1 ADVICE
COMMONS
Within all His Majesties
Bcalmsanti
Written By Jacob Bury Efq ; An old Indigent Officer
for the County of Bedford, as a Captain of Horfe
in the Royal Army, of King Charles the Firfh
Containing the perfeft Harmony, Confent, and Agreement
between Divinity and Law, in defence of the Government
Eftabliflhed by Law in Church and State, And that Kingly
Government is by Divine Right.
Nihil chchm, nee fcriptum eft, quod not; diElum, & fcriptum prim.
LONDON,
Printed by Henry Hills , Jun. for Richard Northcott adjbyning to
St. Peters Alley in Cornhill , and at the Marriner and Anchor
on Fifhjtreet hill near London-Bri'dg. i 6 8 5.
—
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> ' • yw\— y. ■. ■ a hr - ;• vV,v. •.;*> tt \ \ vy% Vn. ,
• ? ; i 0 ■ .-X i r '3n tvi v no
V -
To the Right Honourable Robert Earl of
Ailesbury and Elgin, Vicount Bruce of
Ampthill, Baron Bruce of Wharlton ,
Skelton, and Kinlofs, Lord of the Honour
of Ampthill, High Steward of Leicefter,
Lord Lieutenant and Cuftos Rotulorum
of the Counties of Bedford, Huntington,
and Cambridge, and one of the Lords of
ies mojl Honourable Brivy Goun>-
til, &c
#
Right Honourahle>
IJTAving received fome kindnefs from your Lord-
j[ fhip,asalfo from the reft of His Majefties Com-
miftionersof the Peace, for the County of Bedford 5
whereof, and wherein, your Honour is defervedly
(for your known and well approved Loyalty) Sum-
vius procerum, & proximus a Rege , the Chiefeft of the
A 2 Gover-
His Majefl
The Epiftle Dedicatory.
Governours, and the very next under, and after the
King 5 therefore I thought my felf obliged to fhew
my thankfulnefs, by doing fomething that might
tend to the good of the whole Community. In or-
der thereunto, I was principally moved to Write this
fmall enfuing Treatife, wherein is contained chiefly,
The perfed: Harmony, Confent, and Agreement
between Divinity and Law, in Defence of the Go-
vernment by Law eftablifhed in Church and State 5
and is plainly demonftrated, That Kingly Govern-
mentis'by Divine Right. And now, my Lord, I
moft humbly beg your Pardon, that I prefume to
prefix your great Name before this Difcourfe: But
iince there is nothing therein, but what hath its
Weight and Warrant from the Holy Scriptures, or
our Authentick , undeniable, and well approved of
Books of Law $ I cannot but hope you^kind Appro-
bation and Acceptance, and am very well pleafed, I
have the occafion offered me, to let your Honour
know how much I am
\
My Lord,
Tour mojl Humble and
very Obedient Servant;
Jacob Bury.
THE
THE
PREFACE
TO THE
E A D E R.
Courteous Reader,
THis fmall enfuing Treatife (Entituled Advice to the Com-
mons within all His Majefties Realms and Dominions)^
eonfeffed to he hut the Gleanings of an Old Indigent Officer of the
Royal Army of King Charles the Firjl; gathered from the vintage,
or the larger and more Fruitful Fields, of fuchAuthentick Books of
Law , &c. as are cited hy the Author for his Vouchers. It was
Written in time a little before, and is Fuhlifhed in (hort time after
the Demife or Death of the Natural Body of our late mofl Gracious
Soveraign Lord King Charles the Second, who to his Glory and Ho-
nour in all after Ages to come, will he Chronicled Miraculoufly to
have excelled all his Royal Anceflors in Mercy, and Amnefly to
all his Subjetts whatfoever that furvive him : hy whofe Prudent Go-
vernance, and Wife Management of all Pullick Affairs, the Pul-
lick
The Preface to the Reader.
lick Peace of thefe Kingdoms, was to a Miracle preferved ever fince
7ns long expeiled, and (for good reafons) much wiffjcd for Reft aura-
iion. Now (bleffed be God for itJ his rightful Succeffor (whom
God long preferve~)hath declared and promifed y that as he is hy Right
of Bloud, and All in Law, next and immediately to fucceedhis J aid
dear Royal Brother in the Station God hath placed him (that
is to fay) in the Governance of thefe his Realms and Dominions, as
our Sovereign Lord and King, fo he fall always imitate his Pre-
deceffor in Clemency and Mercy to his SubjeCs; that however he
hath before (by Wickdd arid foul Mouthed Detraction) been mifre-
ported to have been for Arbitrary Government; that he always
fhall, and will do his utmofl endeavours, for the defence and pre-
fervation of the Government (as it is Eflablifhedby Lawl in Church
and State; that he will invade no Mans property, &c. Now feeing
that it hath pleafed God to take to himfelf from us, our late Gra-
cious Soveraign, let us all reft contented, and fully fatisfied that
ive have wofully experienced the Mouths of Slander or s to have been
always apt to call all things into queflion; but that always alfo they
have been unready to approve of any thing tending to the publick
Peace and welfare of the whole Community. Therefore believe the
Word and gracious Promife of his Sacred Majefiy; believe-not every
'Idle report^ neither he moved by vain fuggeflions 9 leaf through
light trufl, thou bring thy felf into danger, and (which is more bad)
be counted a fool. Let us all believe that (none fprung from the
Loyns of King James the FirfF) will ever alter the Prot eft ant Re-
ligion, or the Government Eftablifhed by Law in Church and State.
Remember there was this Plea allowed in bar of an AC ion brought
in the late times of Rebellion, for that the Plantiff had not taken
the ingagement to be true and faithful to the Commonwealth with•
out King or Houfe of Lords. Take into confideration alfo, what
the Impreffion and ChareCer of the Money Cdined at Oxford was
in ihofe Limes; And alfo confider what was the Impreffion and Cha~
reCer of the Money then Coined by the lateVfurpers; thefe matters
(duly confderedf will without further Arguments demonflrateyohat
the
The Preface to the Reader.
t he good Old Caufe Men aimed at; certainly they aimed at nothing
lefs than the alteration of the Government loth in Church and State,
and in order thereunto it may be faid, that at the laft, they Fought
neither againfl great nor fmall, but only againfi King Charles the
Firfl, the bleffed Martyr of ever bleffed Memory. Now, though
it be in thefe his Majfties Realms and Dominions fujfered to every
one by Lawful ways and means to defire to afpire to a better private
Fortune; yet withal it is an Office jujl in all inferior degrees, to
bear without grudging the Ordinance, and Sentence of their Lot,
otherwife there would be confujion of all Imperies and Governments,
if it were fuffered to every one to afpire to fuch liberty as he lufieth
after, beyond the quality, State, and condition of a Subjeft, where-
in God hath placed him. The late Plots proceeded (as it werej by the
publick confent of the Diffenters to the prefent Government, and by
imitation of certain Seditious Heads, who (by their rafhnefs)
are wont to draw the Commons into commotion, that by Poverty are
affured they can lofe nothing, and by their Nature are always defirous
of Innovation, and being eafily filled with vain errors, and falfe per-
fwafions, are moved at the appetite of any that will provoke them
and be their leaders', as the Waves of the Sea are carried and hur-
ried hither and thither wit b the blafts of the Wind. Therefore every
Law was made at tbe firft, to no other end, but to bridle fuch as
would live without Reafon and Law, and to reftrain and be a curb to
fuch as will not Conform, and be Obedient to thofe Rules the Law
preferibeth, requiring their Obedience to the Magiflrates Superior,
Middle, and Inferior, and as all are to know, the Superior is not,
nor can be fubjeft to the controulof the Inferior. In pares eft nullum
imperium,multo minus in eos,qui majus imperium habent, there-
fore all Magiflrates Subordinate, be they either of the Superior,
Middle, or Inferior Rank, and a fortiori, all other SubjeHs what-
foever, are to be Obedient to their Soveraign Lord the King, as Su-
pream, qui majus imo maximum imperium habet, that hath the
* greater, yea the greatefl Command, Power and Supream Soveraign-
ty over all hi&Subjetts in thefe his Majefies Realms and Dominions.
But
The Preface to the Reader.
But as to this matter of the Kings Supremacy, in Church and State.
Here I fhall fay no more, hut /hall leave all to he further informed
as to their hounden Duties therein, in this enfuing Treatife ; where-
in is more fully and at large difcourfed thereof. I remember in this
enfuing Difcourfe alfo is faid, ( citing Sir Edward Coke in yth.Re-
port 7. b. in Calvins Cafe) that every Subjefl is hound to go with
. the King in his Wars, infra & extra Regnum, hut he is there pleafed
to add,that the Sub jell is not compellable to go out of the Kingdom
without Wages: and citeth many Statutes as 8th. Ed. the 3d. ca;
7th, &c. in defence of his opinion. I do not pre fume to contradict
him, but am fatisfied that he fheweth good warrant for what he there
Writeth. Moreover, no considerable Foreign War upon any occafion
whatfoever is ever forafhly undertaken, hut fir ft the Kingufeth to
Summon his great Council theParliament y and therein is the Honour,
latere ft, andfafety of the King and Kingdom conftdered; and Par-
liamentary Supplies are granted,for the defraying, carrying on, and
anfwering the neceffary charges of the War : however Sir Ed. Coke
/ denieth not, hut infra regnum, within the Kingdom, all are com-
pell able, and hound by duty of their Allegiance, with or without
Wages to ferve the Lord the King in his Wars; for then, if ever
that faying is true, ad regem poteftas omnium pertinet, ad fingu-
ios proprietas, the Power of all Men and all Things they have, en-
joy or poffefs, belongeth to the King: and yet every Mans Jingle pro-
perty remains, and is continued: fbut as may be feen in St. Jermin
in his Dodt. and Stud. 64. b.) The Law doth afftgn divers condi-
tions upon the Property, and that, to alter the Property without
confent of the Owner, if the conditions are not contrary to the Law
of God or Reafon. And nothing is more agreeing with the Law of
God; nay, our Obedience to the King as Supream, u commanded in
and by the Word of God; and nothing can he more agreeable to Rea-
fon, unlefs we will fimply and contrary to all Reafon, admit of the
Children to give Laws to their Father,or Infants Males or Females
to give Suck to their Mothers. And it is a thing obvious and well
tnown to every Man (that knoweth any thing in our Lawj that
^ every Mans Property and Eftates whatfoever by Acl in Law are
Forfeit
The Preface to the Reader.
Forfeit to the King for Treafon, or Fellony: for Treafon (which all
and every Rebellion is) to the King for ever, of what mean Lord
foever they are holden: for Fellony, to the King for a Tear, Day,
and Waft; and afterwards to the Lord of the Manner ofivhom they
are holden for ever. In my enfuing Difcourfe to (hew what care
was made for the prefervation of the Royal Rights, P riviledges, J a-
rifdillions, and Prerogatives, and Per (on of the King I make men-
tion of the Stat, made in the iz. Car. zdi. chap. i. though in the
ftrft claufe thereof by me mentioned, is faid, That if any duringt he
Life of the Kings Majefty , &c. I let this (land unaltered, though
the death of the Natural Body of the late King happenedfince, be-
c-aufe that claufe thereof was made but in affirmance of the Common
Law, and the Stat, of 25". Ed. 3. ca. z. as to the fecurity of the
Kings Perfon and the Government', as appears in Mr. Stanlord'*
Pleas of the Crown, the fir (I chap, as to the Second and Third claufe 9
thereof the offenders againfl the Second claufe are not only made
uncapahle of any imployment in Church or State, but are alfo made
lyable to fuch punijhments, as by the Laws and Statutes of this
Realm, are to be infilled in fuch Cafes. As to the Third claufe
thereof every Perfon offending againfl the fame fball incur the danger
and penalty of Premun'tre mentioned in the Stat, of 16. Rich. z.
ca. 7. It appeareth by Bradton, Libro 3tio. Tradt. 2do. cap.
15 0 . Fol. 134 0 . that Canutus (the Danifh King) having fettled
himfelf in this Kingdom in Peace, kept notwit(landing ( for the bet-
ter continuance thereof) great Armies within this Realm. The
Peers and Nobles diflafling the Government by Arms and Armies
(odimus accipitrem, quia temper vivit in armis) Wifely and Po-
litickly perfwaded the King that they would provide for the fafety
of him and his People, and yet his Armies (carrying with them
many inconveniencies) jhould be withdraivn: hereupon Canutus pre-
fently withdrew his Armies, and within a while after loft his Crown 3
and the fame was reft or ed to the right Owner. I mention this mat-
tf.r, and have it from Sir Ed. Coke who citeth Bradbon for his
voucher in his 7. rep. x6. b. and with all I defire all to take not ice,
a that
The Ffeface to the Reader.
that theExcife by Aft of Parliament,made in the firft Parliament aft-
trr his late Maje(lies mo ft happy Reft auration,was continued to he paid
to the lateKingduring bis Life.Hearth Money was fettled upon the late
King,his Heirs and Succeffors,and was in recompence to the Crown for
the diffolution of the Court of Wards and Liveries. Cuftoms upon Mer-
chandizes imported and exported this little Book will tell you were
all originally payable to the King,his Heirs and Succeffors ; and that
Subfedies granted by Parliament,are but an improvement in the irn-
provement of time,and trade, of the Ancient Cujloms payable to the
Crown,andwere granted to the lateKingfor his Life; as they were from
the time of King Henry the 7th. granted to all his Royal Anceftors,
Kings and Queens of thisRealm,except his Sacred Majeflies Royal Fa-
ther King Charles the Firft.Flow mark what Sir Edward Coke more
/ faith in his 7th.rep. 10th b Hccreditas Principis,eft fucceffio in uni-
verfum jus, quoddefunftus Anteceflor fuus habu.it, The Inheritance
ofthePrinceis hisSuccejfton unto every Right that his deceafedAnceftor
had. And fuppofe the Right Heir of the Crown had been attainted of
Treafon,yet [hall the Crown defcend to him, and eo inftan tefvitbout
any reverfafthe attainder is utterly avoided; as it fell out in the cafe
of King Henry the 7th. as may be fen in 1 H. 7th. Fol. 4 0 . I have
laid down before you thefe matters, to let you know, that thofe Loyal
Lords and Commons Affembled in Parliament in the 12th. year of
his late Sacred Majefty, well knew that he muft needs want the ne-
ceffary fupplies to maintain, defend, and uphold the Government, as
the late Z>furpers had to offend, alter, and deftroy the fame. The
Kings Charges are great, as well for the fecurity and fafety of his
own Royal Perfon, as for the prefervation of the publick Peace of his
Realms and Dominions for the general good of the whole Community.
A few leomen of the Guard (before the late times of Rebellion cat-
led Beef-eaters) were not enough for to, nor could refcue his Sacred
Majefly King Charles the Fir (I, from that impious All, execrable
Murther, and unparaleld Treafon againft his Sacred Perjon, and
Life, committed the 50th. of January 1648. neither was nor could
fuch a Guard have been fufficient to fecure the late Vferpers (fo ri-
diculom
The Preface to the Reader.
diculom was their Right to what they Ztfurped from that time Jo the
time of his late Majeflies Reflauration. We fee before,how in Ancient
times, King Canutus was ferved, fo foon as he was f I grant Foli-
tickly, but how Wifely I know not) perjwaded to withdraw, andd)f-
band his Guards : it may be his Arms or Armies might be attended
with many inconveniencies ; but the prefent Guards of our Soveraign
Lord the Kingmay be neceffary to be continued, if ever in, this our
prefent Age,which hath been very changeable, and one Plot or other
hath been too much threat ning alteration of the Government in Church
and State; and thefe Guards of his Sacred Majefiy are not attended
with any inconveniencies,nor are chargeable to any but 'the King him-
felf. SirEdw. Coke faith, That the Kings Treajure is the finews of
httar, and the Honour and fafety of the King in times of Peace ; that
it is firmamentum belli, & ornamentum pacis ; It is fo,but 1 deny
anyWar to be juflifiable againfl the Lord our King within his Realms
and Dominions : and therefore every Rifing,and Force raifed within
the Realm is properly called a Rebellion,improperly a War. Nor do
the Kings Laws Protefl any Subjebl to trade, get, and gain a great
Eft ate.to the end to impower him to afcend the Throne,and to ft and in
competition with, or to diflafl the Perfonor the Government of our
rightful Soveraign Lord the King: but rather it is the bounden duty
of all in general, to Love,Honour and obey their Lord the King,and
proportionably according to their Eftates, Qualities and Degrees to
give Aides andSupplies to his necejfities,for the jull defence andfecu-
rity of his Royal P erf on, and the prefervation of the Peace, and qui-
etnefs of him and all his People, in all his Realms and Dominions.
We fay quo ditior eft quifque eo nobilior, by fo much as every Man
is the more Rich, by fo much he is the more Noble, by fo much he is
the better refpeclecl, and the more Efteemed. But I jay, Principem
habere ditiorem, confert ad dignitatem fubditorum, ditiores ha-
bere fubditos confert ad nobillitatem principis, to have the Rich"
er Prince conduceth to the dignity of the Subjects ; and to have the
Richer People conduceth to the dignity of the Prince. Now all here
lajl mentioned is to this end and purpofe, that all old Animofities,
a 2 jealoufies
The Preface to the Reader.
Jealoufies and Fears laidafide ( after his Gracious Majefly (hall have
convened his Parliament) unto him he given quod defund:us Ante-
ceflor fuus habuit, what his deceafed Ancefior had. Believe the
word andpromifeof his Gracious Soveraign ; he heginneth his Reign
with Clemency and Mercy to all his Suhjetts, and will certainly be
fo far from invadingyour Properties, that having what was thought
needful for his late Royal and Dear Brother : nay, I fay, the Richer
you make him, the more he will he refpetted at home, the more fafe
he and all his People will he; and the more he will certainly he (ear-
ed and dreaded abroad. But leafl with the Foolifh Architett, I
make the Porch too big for the Heufe, I fay no more, only recommend
to you the reading of this enfuing Treatife : which was written for
the confirmation only of the more knowing and Loyal; and for the
information of the more Ignorant, and therefore lefs Loyal Suhjetts.
So I commit every Man to Gods protettion } and refl
Every Mans well Wifher,
JB.
The
The Contents
Chap. I.
SHeweth how things flood at the latter end of Kingfumes theFirft?
and fomethingis faid of the High Court of Parliament, p. i.
Chap. IL
Sheweth, how King Charles the Firfl found things at his fir ft coming
to thefe Crowns, and there is alfo faid fomethingas to the learn-
ing of the Cuftoms, the chief Maintenance of the Crown in his
time. p. 4.
Chap. III.
Sheweth how the late Rebellion broke out, and fomething is faid of
the great Advantages the Rebels had, with what Advantages only
the Loyal Party had. p. 12.
Chap. IV.
Sheweth how the King, the Loyal party, and the Law fuffered
Violence, p. 14.
Chap. V.
Sheweth about what time the Kings Writs were fir ft framed for the
indttttion of the Commons into the Parliaments of England, p. 16.
Chap. VI.
Sheweth *the difference between Parliamentary Priviledges, and
the Prerogatives of the King; and fheweth how at the fir ft Kingly
Goverment was conflituted by God himfelf, and that by Gods
Lam:
The Contents.
Law alfo the Legiflative Power, and the Power of the Militia
was given to theKing ; and that in thefe highefiP oints of theKings
Prerogative, the Law of England is agreeing with the Law of
God, and that God is vindex fui Ordinis, the avenger of his own
Ordinance, p. 18.
Chap. VII.
Sheweth that vindictive Jultice is alfo derived from God to the King
as fupream, and that all Subordinate Officers derive their Jurif-
diltion from the King, and through his Mediation from God alfo,
and that herein the Law of England is alfo agreeing with the Law
of God. p. 23.
Chap. VIII.
Sheweth that the Subjects f/'England are bound by their bond of Able-
giance to ferve the Kingonly in his Wars,and that the King is the
Fountain of Honour : and by way of Induction to the fame, Jome-
thingis faidof a Countee Palatine, Davids worthies, and good old
Barzillai the Gileadite. p. Lf.
Chap. IX.
Herein you have a Subjefl defined, you have Ligeance defined, and
is (hewed that the King hath two Capacities, the one Natural and
the other Politick, and that the Body Politick cannot be fepara-
ted from the Body Natural; that Ligeance is due to the Natural
Body of the King ; that the Kingdom of England admits of no in-
terregnum, and that the Difherifon of the Right Heir of a King-
dom is wont to be the beginning of Civil Wars. p. 'Ley.
Chap. X.
Herein you have an Heir defined, and divided, and is (hewed, that
the Right Heir of the Crown ought not, nor can Lawfully be Di/in-
herited; that a Baflardought not nor can be Heir to to the Crown;
and further fome thing is faid to tire late Bill for the Hxchfton of
the late mofl llhftrious Prince James Duke.of York, now our So-
veraign Lord, King James the Second, p. 3 1.
Chap.
The Contents.
Chap. XL
Sheweth that Ignorance of the Law will excufe none, and that
therefore all Di[enters to the: Government in Church and State,
are advifed to Conformity. p. 26.
Chap. XII.
Sheweth that all Subjeds owe true Ligeance to their So-
veraign, though they never were, or ever (hallhe Sworn to the
fame; and is Jhewed the diverfity between Enemies, and Rebels,
then all are advifed from Rebellion, and is jhewed that the King
hath no Peer, therefore cannot be judged by his Subjeds for
his All ions. p. 38.
Chap. ^ XIII.
Sheweth that no Adion lyeth againfl the King, but in place there-
of Petition muft be made unto him ; and that (due circum-
fiances obferved ) the Subjed Jhall have his remedy againfl
the King by way of Petition, as readily as one Subjed may
recover againfl another Subjed by way of Adion in any of
the Kings Courts: for that all his Majejties Subordinate
Officers are Sworn to do Juflice between the King and his
Subjeds, which if they do not, they are Anfwerable for the
injury, not the King. p. 41.
u Chap. XIV.
Sheweth what inconveniencies happen in the Realm of France,
through Regal Government alone, with the Commodities that
proceed of the joynt Government Politick and Regal in the
Realm of England. And all the Community are herein dif *-
fwaded by mutinous and Rebellious pradifes to Di/jnfranchife
themfelves. p. 42.
C HAP . XV.
Sheweth how tender this Government Politick and Regalconjoyned'
is of the fafety of the Kings Perfon, and of alibis Royal Rights
and Prerogatives. And that our Law doth not rejed Women or
Infants in the high point of the Defcent of the Crown; and that
enure
The Contents.
our King holdeth immediately of God to himfelf, and .*cknow-
ledgeth no Prince on Earth his Superior, p. 46.
Chap. XVI.
Sheweth that all Vnlawful Affemblies or Meetings for the Plot-
ting of harm to the King, or the Alteration of the Government,
are ZJnlawful, and further fheweth what Mifprifion of Treafon
is, and that it is the Duty of every good Sub jell prefent'ly to
difcover Treafon. p. 40.
Chap. XVII.
Sheweth that all Writs, Procefs, Executions and Commandments,
are and ouzht to be in the Kinvs Name only. p. < 1.
Chap. XVIII.
All Freeholders are advifed as to what manner of Perfons they are or
ought to Choofe for future Parliaments, p. 51.
Chap. XIX.
Sheweth that the King of England is, and always hath been, Su-
pream Head of the Church, not the Pope. p. jj.
Chap. XX.
As to the Kings Supremacy is {hewed the difference between the Pri-
mit'tve and more modern times, herein the Author advifeth all
to be at Vnity within themfelves, andfince we are reflored to our
Ancient Government, to give to our Soveraign Lord the King his
Dues; and defires all to joyn with him (in the cone luffve Prayer,
for the Morning Service in our Church Liturgy^for the King, p.5 8.
• ADVICE
I
ADVICE
TO THE
Commons of Cnglano, &c.
chap. i.
Sheweth how things flood at the latter end of King James the
Firft 7 and fome thing is faid of the High Court of Parliament.
AS Noah (Vendred in the Word of God, Gen. 6. and g. ver.
to be a juft and perfedf Man, and one that walked with God,
and that with his Family after the great deluge furvived the
whole World) is fidfitioufly faid to have had two Faces, the
one looking backward, the other forward , the one looking
upon the World before the Flood, the other on the World
afrer the Flood ; fo an old indigent Officer of the Kings Majeffies Army,
King Charles the Fir ft of ever Blejfed Memory , may not improperly be laid to
have two Faces, the one looking backward, the other forward, the onelook-
ing on this Kingdom of England before "he late Civil War, the other on the
fame fince the faid War. Taking leave to look backward and to examine
how, and in what ftate of Affairs things flood in the latter end of the Reign
of King James the Firft, and how the faid King Charles the Firft found
things upon the demile of the Kingdom to him, upon the death of the natural
Body of His laid Royal Anceftor. I colledloutof what I have read longflnce,
that about the Ninteenth year of the Reign of the laid King James the Firft,
in a Speech to his Houle of Peers, he exprefled himlelf, that he intended not
to derogate from, or Infringe any of the Liberties or Priveledgesof their Houle,
but rather to fortifie and ftrengthen them; for never any King had done fo
B much
2, Advice to the Commons of England, &c.
much for the Nobility of England as he had done, and ever would be ready
to do, and whatever lie fhould lay, or deliver to them, as his thought, yet
when he had laid what he thought, he would atrerwards freely leave thejtidg-
ment thereof wholly to their Houfe ; he knew they would do nothing, but
what the like had been done before, and prayed them not to be jealous, that
he would abridgthem of any thing that had been ufed for whatfoever Pre-
iidents in good times of Government could warrant, he would allow, ac-
knowledging them to be the Supreme Court ol Jultice, wherein he was ever
prefent by Reprefentation.
Bur his laid Sacred Mujeffy then inferred, that the Priviledges of the Com-
mous, which they claimed to be th ir natural Birthrights, were but the la-
vours of former Kings. Again; 1: which the Commons then prordlcd, That
vthe Liberties, &c of Parlianu m, are the Ancient and undoubted Birthright
and Inheritance of the Subjects of England ; that the urgent Affairs concern-
ing the Kings State, and defence of the Realm, and the Church of England,
and the Maintenance and making of Laws, and redrefs of Mifchiefs within
the Realm, are proper matter for Debate in Parliament,and that this Debate
ought to be free, &c. And no Member to be Impriloned (other than by cen-
Pure of the Houfe it felf) for debating Parliament bufinefs; and if any Mem-
ber is complained of for any thing done or laid in Parliament, the fame is to
be fhewed the King by affent ol the Commons, before the King is to give ere-
dence to any private Information. Jn Counfel afterwards this Kingexpreffed,
that he never meant to deny rhe Houfe of Commons any Lawful Priviledge
they had enjoyed by any Law or Statute, by Cultom, or uncontrolled and
lawful Prelident. In the Proteffition fome words (viz. arduis Regn 't) are
cunningly mentioned, but the word (cjuibufdam) which reftraineth the ge-
nerality to fuch particular Cafes, as his Mujelty pleafeth to confuk with them
upon, was purpofely omitted. Now as to what he is pleafed to confuk with
them upon, it is Cuftomary for the King, at the firff opening of every Par-
liamcnr, in a fhort Speech,.to declare to the Three E(fates,the certain Occafions
urged him to convene them: on which or the particular Heads thereof, the
Lord Chancellor, or Lord Keeper of the Great Seal of England , for the
time being, more Copioufly enlargcth , obferving thofe mcalures tbe King
his Maker prefcribetb him, ih6 in fewer words, for non-obfervar.ee whereof,
and for their omiilion of the word ( cjuibufdam ) in their faid proteftation,
the faid Learned King James the Full, did aftual'ly take the faid proteffa-
tion out of the Journal book proprid (ud manu j and on the fixth of January
Diffolved the Parliament, and fomc eminent Members of the Parliament were
committed to the Tower j and others to other Prifons; and fome fent into
Ireland, ra ther for Punifhment than to Enquire (as was pretended) of fun dry
Matters
Advice to the Commons of England, &c. $
Matters concerning his Majcfties Service. There then appeared fome Men of
Anrimonarchial' Spirits, and that infilled too highly upon Privjkdges, little
regarding or rightly conftdering the meafures chalked out to them by the.
Kings Writ,by which they are (ummoned and impowered to fit in Parliament.
The Members before fpoken ofremembred not what the faid King James the
Firfl in time before faid, the Parliament is a thing compofed of a Head and a
Body, the Monarchy and the Three Eflates, it was fir ft a Monarchy, then after a
Parliament, that there were no Parliaments but in Monarchical Govern-
ments, for in Venice, the Netherlands, and other free Governments there are
none; the Head is to call the Body together; and for the Clergy, the Bifhops
are the Chief; for Shires their Knights; for Towns and Cities their Burgefles
and Citizens; thefeare to treat of the certain difficult Matters, and to Co'unfel
their King with their belt advice to make Laws for the Commonweale ; and
the Lower Houfe is alfo to Petition their King, and acquaint him with their
Grievance?, and not to meddle with their Kings Prerogative, they are to offer
fupply for his neceflity, and he is to diflribute in recompence thereof Juftice
and Mercy. If this Head and Bod}', Monarch and Three Eflates, be at unity
within themfelves, they then make le trejhault Court de Parliament, the Su-
preme,and in the fuperlative Degree, the higheft Court of Parliament. Their
Priviledges are fo great, that (whilft that Court is at unity within it felf)
I know not what it may not do; and (as directed by Mr .Ploivden) I fhall
not think, much lefs fpeak any thing difhonourable of that Court, but as in
Arithmetick Three Cyphers with a Figure of One prefixed, makes the com-
pleat Number of one Thoufand; fo take away, the Number (or rather the
beginning of NumberJof One,and the Three Cyphers that remain fignifie no-
thing. For when the Parliament is filed the Supreme Court, it mull be \
underflood properly of the King fitting in the Houfe of Peers in Perfon, and
improperly of the Lords or Commons without him; the Confultive, Directive,,
or Deliberative Power is in the Houfe of Peers, the Performing and Confent-
ing Power is in the Houfe of Commons, but the Legislative Power lodgeth
in the Perfon of the King, yet altogether (that is to fay) King, Lords, and
Commons make Parliamentary binding Laws and Statutes, j.H.j. 14. it is
laid that there are many Statutes indidted, quod dominus RexStatuit , that our
Lord the King hath ordained, yet if they are in the Parliament Roul, and
have always been allowed as Statutes, it fhall be intended that they were made
by Authority of Parliament. But if a Statute be made thus, the King
with the Affent of the Lords, or the King with the Affent of the Commons,
It hath been held from about the time of H. 3. to the time of the late Rebelli-
on, not to be good, for all ought to Affent, Coke 8. zo, 21. fo that as Sir ^
John Fortcfcue faith, Fol. 40. a. b. Statutes are made in England, not only by
B z the&
4 Advice to the Commons of England, (f 1c.
the Princes pleafure (tho he faith not that in England they can be made with-
out the Princes pleafure or Royal Aflent) but by and with the Aflent of the
whole Realm in Parliament aflembled by their Reprefentatives: fo that of ne-
ceflity theymuft procure the Wealth of the People, and in no wife tend to their
hindrance, which well they cannot do, feeing they are ordained not by the
device of one Man alone, or of a Hundred wife Councelors only , but of
more than three Hundred chofen Men, much agreeing with the number of
the Ancient Senators of Rome : and if it chance, thefe Statutes (being de-
/ vifed with fuch great Solemnity and Wit) not to fall out fo effe&ually, as the
intent of the makers did wifh, they may quickly be Reformed in a Subfequent
Parliament; but not without the Aflent of all the Powers, by whole Autho-
rity they were firfb pafled and devifed.
Chap. II.
Sheweth, how King Charles the Firfl found things at his firfl com-
ing to thefe Crowns, and there is alfo faid fomething as to the
learning of the Cujloms, the chief Maintenance of the Crown in
his time.
I Further obferve, that at the firft coming to the Crown of the faid King
Charles the Firft, his firft Parliament in the firft Year of his Reign, or
the Major part of them, met not without being armed with fome prejudice
to his faid Sacred Majefty King Charles the Firft, for therein the A<5t for
Tonnage and Poundage pafled not which in the firft Parliaments from the
time of H. 7. to this time, (asit wereaccuftomably and ofcourfe) had been
granted and pafled to all his Royal Anceftors,Kings,and Qyeens of this Realm.
The fudden Diflolution of that Parliament, preventing the A£f of Subfedies-
he was forced to draw from his People, by borrowing of Perfons able to lend,
fuch competent Sums of Money, as might difcharge his prefent Occafions;
and to that purpofe, diredfed Letters to the Lord Lieutenant of Counties, to
return the Names of Perfons able to lend,omitting the Names of Nsble Men
and Clergy-men, and (the Names returned) the Comptroler of the Kings
Houfehold by the Councils order, iflued forth Letters in the Kings Name,
under the Privy Seal, to the feveral Perfons returned for Loane of Money.
Though this was not the firft time that ever fuch Loanes under the Privy
Seal were had upon certain emergent Occafions, and in cafes of urgent ne-
ceflity
Advice to the Commons of England, &c. 5
ceffiry by failer of Parliamentary Supplies. Yet in the Parliament next after,
in tertio Caroli primi, many of the Members took the occafion to ftrive as
to their infilling fipon their Priviledges to outdo one another. Then the
'modefty of the Houfe of Commons (which was very great in former times)
was by them forgotten, and they began to arrogate more Power than what
the Kings Writ gave them ; heretofore they evaded matters of State as much
as they could, and when their Advice hath been defired, they have humbly
defired not to be put to confult ofthingsof which they had no knowledge; and
at other times they have humbly defired, that the King would be advifed in
matters of War or Peace, by the Lords, being of more Experience than
themfelves in fuch Affairs; and have ufed modeftly to excufe themfelves, as
too weak to confult in fo weighty Matters. But then feveral Speeches and
Refolves made by divers Champions of the Houfe of Commons (who were
no friends to Prerogative) put the Lords and Commons then AfTcmbled in
Parliament, upon their Petition concerning divers Rights and Liberties of the
Subjects; to which the late Kings anfwer was, That he willed that right be
done according to the Laws and Cuftoms of the Realm, and that the Sta-
tutes be put in due Execution, that his Subjects may have no caufe to
complain of any Wrong or Oppreflions contrary to their juft Rights and Li-
berties, to the Prefervation whereof, he held himfelf in Confcience as well
obliged as of his Prerogative. ^ But this anfwer not giving fatisfadtion, he
was again Petitioned unto, that he would give a full and fatis'fadtory anfwer to
their Petion in full Parliament, whereupon the late King in Perfon, after
their Petition was read by the Clerk of the Crown, the Kings anfwer there-
unto was read by the Clerk of the Parliament in thefe words, Soit droit fait
come eft defire , Let right be done as is defired. And on the laft day of the
Seflion of that Parliament, he declared his diflike of a Remonftrance given
him by the Houfe of Commons, and fince he was certainly informed of a
lecond Remonftrance was preparing to take away his profit of Tonnage and
Poundage, alledging that he had given away his right thereunto by his An-
fwer to their Petition: that therefore he was forced to put an end to that
Seflion before he meant it, being unwilling to receive any more Remonftran-
ces to which he muft give a harfh anfwer. And as for Tonnage and Poun-
dage, it was a thing he could not want, and never meant by him to be
granted. As fingle Perfons ufually quarrel before they fight, fo now began
there to be a kind of Logomachy, a contention in Words, Speeches, Re-
monftrances, and Declarations began to be cryed up and down the Streets,
all which in time after ufhered in the late War. It will be material for a plainer
difcovery of the injury intended to his faidmoft excellent Majefty in thefaid fe-
cond Remonftrance,to take away his Profit of Tonnage and Poundage,to fpeak
fometbing
6 Advice to the Commons of England, &c.
fomething, for the explanation of this learning of the Cuftoms, from our
Books of Law ; from which it is obfervable, That the Duties payable to the
King out of Merchandizes exported or imported, arc of three kinds: i.
Cuftoms, 2. Subfidies, 3. Impofts or Impofttions, all which admit of thefe
Definitions and Divifions.
1. Culioms are Duties certain and perpetual, payable to the King as the
Inheritance of his Crown, for Merchandizes imported and exported to, and
from parts over and beyond the Seas, from one Realm to another Realm.
Thefe Duties called Cuftoms are divided into three kinds: 1. Magna & an'
tiqiia Cufluma, 2. Taw a & nova Cufiuma , 3. Trifage and Butler age, and
in all thefe the Crown hath a certain and perpetual Inheritance. 1. The
great and ancient Cuftome, is payable out of native or homebred Commo-
dities of three forts, to wit, Wool, Woollfells, and Hides, and is in cer-
tainty, 6s. 8 d. for a Sack of Wool, for 300. of Woolfells 6s. 8d. for a
Laft of Hides, 1 3 s. 4 d. if. And every Sack of Wool containeth 2 6 Stone,
and every Stone 14 Pounds. And the Laft of Hides is 20 Dickar, and eve-
ry Dickar is 10 Hides; this is the Ancient Cuftom payable by every Mer-
chant Denizon for the exportation of the Commodities aforefaid, but the
Merchant Strangers payed a third part more, for remiflion of Prizes, and
other Priviledges to them granted by the Charter of 31. Ed. 1. Dyer. 1 Eliz.
i6y. b. 1.
2. The new and petrit Cuflom is 3 d. of the Pound payable by Merchant
Strangers only, for all Commodities by them imported, and exported, as is
expreffed in the faid Charter of 3 1. Ed. 1.
3. Prifage is a Cuftom taken of Wines of all forts, and is in certainty,
2 Tuns of Wine out of every Ship laden with 20 Tun or more ; the one
Tun to be taken before the Maft of the Ship, and the other behind the Maft,
and becaufe that this Cuftom is part of the Merchandizes imported and taken
in fpecie , it is called Prizeage ; and this Cuftom of Prizeage, was payable
in England by all Merchants Denizons and Aliens, before the faid Charter
of 31 Ed. 1. for which the King remitted to all Merchant ftrangers all
Prizes. And in the fame Charter it is expreffed, that in confideration there-
of, the Merchants ftrangers had granted to pay to the King and his Heirs by
name of Cuftom 2 s. of every Tun of Wine that they fhall bring, or caufe
to be brought into the Kingdom, &c. which Cuftom of vs. of the Tun is
now in England called Buttlerage, and payable there by all Merchant ftran-
gers. See the Stat, de Extra & ad Scaccar. 1 yth. Ed. 2. And this is the
•nature of thefe feveral Duties for the Original of thefe Cuftoms.
1. The
Advice to the Commons of England, &c. 7
i. The (aid Ancient and grand Cuftom is parcel of the Ancient Inheri-
tance of the Crown, and as Ancient as the Crown it lelf, Inharet fceptro 5
and is due of common Right and by Prefcription, and not by grant or bene-
volence of Merchants, or by AT of Parliament Dyer- i.Eliz,. \6y.b, But be-
caufe that every thing thit is due of common Right, and by Prefcription,
ought to have a reafonable caufe of beginning, it is to be Noted and Ob-
ferved, that this Cuftom was payed to the Crown for four principle Caufes
and Reafons.
1. For the better knowledg of fuch as depart the Realm, and of what
Commodities are carried out of the Realm. See Dyer 165-. b. and theSta-
tute of 1 8. Ed. 3. ca. 3.
v. For the Intcreft thar the King hath in the Sea, and in the Braches and
Arms of it, zz. Ajf.Pl. 93. iy. Eliz,. Dyer 316. b the Sea is of the Lige-
ance of the King, as of his Crown, and is his proper Inheritance, Davyes
rep. 5'6. a.
3. Becaule the King is Guardian ofall the Ports and Havens of the Realm,•
which are Oftia or janna Regni, and the King is Cnfios totitis Regni.
4. For Waftage and Protection of Merchants upon the Sea againft the*
Enemies of the Realm, and againft Pirates who are the common Enemies
of all Nations.
z. ThePettitand new Cuftom payable by Merchant ftrangers only, had
its beginning in the time of Ed. 1. for before this time the duties payable'
by Merchant ftrangers for all Commodities imported, (except Wines,) and
for all native Commodities exported (except the faid ftaple wares of Wool,
Woolfells, and Hides") were uncertain. " For the King by his Prerogative
" took to his ule, and at his own price, fo many, and fuch portions of their
<! Merchandizes, as he had. need of by name of Prizes, which were always
" uncertain. But King Ed. 1. by his faid Charter dated the 1 of Febr. in
the 31 year of his Reign, in favour of Merchant ftrangers, and to invite and
occafton their Commerce and Trade, remitted to them all Prizes, and grant-
ed to them divers other Priviledges. In confideration whereof, all and fin-
gular the faid Merchant ftrangers for themlelves, and others of the lame parts
with them, and every of them beyond the Seas, unanimoufly agreed to pay
to the King and his Heirs 3 d. of the Pound for all Merchandizes imported
or exported by them, as is expreftcd more particularly in the faid Charter,
which is to be found in the Office of the Chief Remembrancer in the Ex-
chequer. And this Charter of Ed. 1. in all Points was ratified and con-
firmed by AT of Parliament, zy Ed. 3. ca. z6, and this is the Original of
Pettit Cuftom, fo called becaule this Pettit Cuftom for Forreign Commodi-
ties, was accepted by the King, when but a fmall quantity of fuch Forreign
Wares
8 Advice to the Commons of England, &c.
Wares was imported into England, for in the time of Ed. i. and after that
in the time of Ed. 3. the native Commodities of England exported, were of
greater quantity and value by two parts of three at the leaft, than the For-
reign Merchandizes imported ; but now it is quite contrary: for at this day
the Outgate is lefsthan the Ingate, the Foreign Mercery and Grocery Wares,
&c. imported, are of far greater quantity and value than our Native Com-
modities exported.
3. Prifage of Wines, is alfo a Cuftom due by Prefcription, and parcel
of the Ancient Inheritance of the Crown, and that the King hath Inhen-
tance in the Prifage of Wines, appeareth by the Charters granted to the
Citizens of London, and to thole of the cinque Ports to be difcharged of
Prifage in all Ports for ever. See the Stat, of 1 H. 8. ca 5. And the Duke
of Ortnond hath an Eftate of Inheritance in the Prifage of Wines in the
Kingdom of Ireland by grant of the King; and this is theNature, Original
and Difference, of the Ancient duties payable for Merchandizes, which are
properly called Cuftoms, and are the Inheritance of the Crown.
2. Subfedies alio are duties payable for Merchandizes exported and im-
ported, but are granted by A£t of Parliament, Dyer. 31H. 8.43.L i.Mar.
Dyer 92. a. and are of three divers forts, according to the diverfity of the
Commodities, and are called.
1 ft. Aides or Subfedies, being granted out of the faid Native Commodi-
ties, fto wit) Wool, Woolfells, and Hides; over and above the Ancient
Cuftom aforefaid.
idly, Tonnage granted cut of Wines of all forts, over and above the
Prizage, and the faid Cuftom of 2 s. on the Tun granted by the Charter of
31 . Ed. 1. now called Butlerage.
3 dly, Poundage granted out of all Commodities imported and exported
(except Wines, and the ftaple Commodities aforefaid) and payable by the
Merchant ftrangers, over and above the faid Pectit Cuftom.
1. Thefe Aides or Subfedies, were not of a certain quantity or continuance,
till to the time of Ed. 6. to which King in the firft Parliament of his Reign
was granted a Subfedy of 3 3 s. 4 d. of every Sack of Wool, 33 s./±d. for
every 140. Woolfells, and 3 /. 6 s. %d. for every Laft of Hides exported by
Denizons for every Sack of Wooll exported by Aliens, 3 /. 6 s. 8 d. and for
every 240. Woolfells, 3 /. 6 s. 8 i. and for every Laft of Hides, 3 /. 1 3 s. 4 d.
And this Subfedy was granted to continue during the Life Natural of that
King. And after hisdemife or death, all Kings and Queens (except King
Charles the Firft) have had the like grants for Life.
z. Tonnage,
i i i ill ir nir
Advice to the Commons of England, ®c. g
v. Tonnage which is a Subfedy out of Wines of all forts, was firfl granted
by Parliament, <$th. R. v. where vs. of every Tun of Wine, to be import-
ed into England, was granted to the King for Two years, and that was for
Maintenance of a Fleet upon the Sea to fupprefs the Pyrates. But after by
Parliament 3. Ed. 4. Tonnage was granted to this King for Term ofhh Na-
tural Life in this manner, (viz.) 3 s. for every Tun of Wines, and ( be-
fides thofe 3 s.) for every Tun of Sweet Wines 3 s. more: fee the Statute of
ivth.Ed.4.. ca. 3. And this Subfedy was after granted to H. 8. and Ed. 6tb.
with this Addition in time of Ed. 6th. that of every Awm of Rhenifh Wine
alio 1 s. (hall be paid, and after the time of Ed. 6th. this Subfedy of Ton-
nage was as of courfe Granted in England , by feveral Adls of Parliament
to Queen Mary , Queen Elizabeth, and King James, during their feveral
Natural Lives.
3. Poundage, which isa Subfedy granted out of all Commodities export-
ed and imported, except Wines, and the Ancient flaple Wares, as above, and
payable by all Merchants Denizons and Aliens is the voth. part of the value
of Merchandizes, to wit, 12 d. of the Pound, and was firft Granted by
Parliament in England, 31 .H.6. during the Life of this King, which Grant
was immediately refumed. But after that 3 .Ed. 4. this Subfedy of Poundage
was granted to the faid King: See the Stat. 12. Ed. 4. ca. 3. and after the
fame Subfedy was Granted to H. 8. during his Life; and the fame Grant
was renewed to Ed. 6. Queen Mary, Queen Elizabeth, and King James,
during their feveral Lives, by feveral Adts of Parliament.
3 ly, Imports or Impofitions, are the Third kind of Duties payable for
Merchandizes, and arefometimes Rated and affeffed by Parliament, and then
are in nature of Subfedies, and are fometimes impofed by Prerogative Royal
to fupport the neceflary Charges of the Crown; and then Nihil wagis jufium
eft, quam qttod necejfarium ejl ; nothing is more juft , than what is neceffary
as an Ancient Senator of Rome was wont to fay.
The Impofl: upon Wines in Ireland was firft affefled by Parliaments, and
limitted to be paid for a certain time of Years, which being expired, that is
now continued there by Prerogative of the King, Davyes rep. 12. a.
It is to be obferved from what hath been faid, that Anciently the Outgate
was more than thelngate; and that finceor of latter times, it is otherwife:
that the Merchandizes imported, do far furmount the value and quantity of
our Native Commodities exported; which caufed the aforefaid Pettit and
new Cuftom , to exceed the faid grand and Ancient Cuftom, for by
continuance of time, all the Kings Dominions were much better Peopled,
and are more Populous at home, and in all his Foreign Plantations of latter
time acquired, and by reafon thereof our Lands and the Annual Rents
C thereof
ro Advice to the Commons of England, &c.
thereof, within the Kings faid Dominions are much improved; and likewife
trade by Sea is alfo much improved ; as is eafily made manifeft by the great
difproportion of the Rent referred to be paid for the Cuftoms by the Far-
mours thereof when laft let to Farms, and the Rent paid for the fame (to
go no higher) in the times of King James and Queen Elizabeth-, and that
vife King Ed. i. by his faid Charter remitted Prises, and by Privileages
Granted to Aliens, encouraged them to the more free Trade and Commerce;
and by confequence there was in after Ages the greater reafon for an improve-
ment of the Cuftoras, by the beft, ufual, and accuflomcd way of Granting
Subfedies for the Lives of our Kings Succefiively one after another by Acl oi"
Parliament. Seeing Subfedies themfelves arc no more than an Improvement
(in the Improvement of time) of the Ancient Cuftoms of common Right,
and by Prefcription, belonging to the King his Heirs and Succeffors; and
that we may Colledl from what is aforefaid, that (if not fo granted) they
may and have been impofed by Prerogative Royal, for the Four principal
Caufes and Reafons aforefaid, and to fiipport the neceflary Charges'of the
Crown. The Words of the King when he PafTeth the Bill of Subfedies are
obfervable, which are thefe, Le Roy remercye fes Loyal Subjects, accept lour
benevolence, & aujji ainfy le veult, The King thanks his Loyal Subjebls, ac-
cepts of their good will, and alfo will have it; which lafl Words, make the
A£t of Subfedy a Law, and fo binds every Man to the payment of ir,
infomuch, that the Two Houfes of Parliament, joint or feparate, cannot
impofe a Penny upon the Subject without the King, nor can the Freeholders
(whom they ftrve) invert any fuch power in them: But for the Soveraign
Prince himfelf, there are many Examples Old and New, how he hath not
only railed pecuniary fumms in fpecie , but layed Impofirions upon Com-
modifies by meer Royal Authority; I fhall inftance only in Two, viz. in
Queen Mary, and Queen Elizabeth, the firft laid an Impofition upon Cloth
and Gafcon Wines, the other upon fweet Wines and Alloms, without Parlia-
menr. Therefore thofe Parliaments of the Firft and Third years of King
Charles the Firft, and the Members ot the fame, that fo highly infifted upon
their Priviledges, their meun and tutem, Liberties, &c. (and that would have
been unwilling to have abated one of their Tennants of any their Manours
or Farms a frnall matter of their Rents, though it may be credited for truth,
that Twenty Acres of their Lands then let at icl.perann. might in the
time of Ed. i. be let for zos. per ann. were very injurious to the faid King,
in that they (contrary to their bounden Duty) negle£led to Grant to him,
the ufhally Granted and Parted Acl for Tonnage and Poundage; being the
chief Maintenance of the Crown in his time. The firft Parliaments of
King Charles the Firft being Diflolved, in a fhort time after, by Order of
Advice to the Commons o/England, £pV. n
the faid King and Council, the then Farmors of the Cuftoms were Command-
ed to receive the Cuftoms, and all Duties payable for the fame, as in the
rime of his Royal Anceftor King James the Fir/1, and the firft Seventeen
years of the /aid King Charles the Firft, were rimes of great Plenty, then
Trade was great, and good; and the Farmors of the Cuftoms did very m t uch
augment their Eftates, inlomuch that none of tlicm did rcfu/e to Obey the
faid Order. But in time next fublequent, they were all great Sufferers, for
the fatal Parliament called in No-virber 1640. wanted Money for the work
they had cut out, and after they had Sat a few Months, they queftioned the
Farmers for Intermeddling,Farming, and Receiving theCuftoms and Impofts,
contrary (as they faid) to Law, contrary to a Declaration and Vote, 3 °.Car.
and contrary to the Liberty of the Subjedl ; they being Threatncd and Ti-
morous, tho there was no Law to prohibit the Receipt, for Farming of the
Cuftoms, nor any Vote Paffed 3 0 . Car.prirni againft it, fuddenly lubmitted
to a Compolition of 165-000/. andwhilft, or a ffnall time before thefe things
were agitating, the Farmers contruifed for a new Farm of the Cuftoms with
his late Majefty for Four years, from Chrijhnafs 1640. and Lady day 1641.
upon the which Farm and the Aftignments of the Rents for the fame the
Sum of 200000/. was Advanced for his faid Majefty King Charles the
Firft, (by which the faid King had made fome proviftons for War, which
the faid pretended Parliament recovered, and made great ufe of againft him-
felf) and the next day the faid Compofition was reported, the Contrail: for
the new Farm was Voted Void, the Aftignments upon the Rents were made
Null, in ftead of Farmers many of them were made Commiflioners j and the
faid Parliament ( refolving not to fpare this Revenue) Commanded them
(non obfiante the Law lately paffed by themfelves to run into the fame Crime
for which they had lately Punifhed them) to receive the Cuftoms which with
the faid Compolition paid by them in the fpace of Two Months, was made
ufe of to raife and pay the pretended Parliaments Army: which faid great
Sums of 165-000/. and 200000/. (which the laid Farmers may be faid to
have been Fined, and to have advanced for his faid Majefty King Charles
the Firft) reduced all of them to low Eftates; and fome of them were Pri-
fbners for near Twenty years before his late Majefties moft happy Reftau-
ration ; who afterwards in the 1 6th. year of his Reign, was gracioufly pleat
ed to take into Confideration the great bufferings of the faid old unhappy
Farmers of his late Majefties Cuftoms, and out of his fpecial Grace and Fa-
vour, by his Letters, Pattents under the Great Seal of England , and by
Privy Seal, and Tallyes thereupon Struck, Leavyed, and Allowed of, Grant-
ed unto Sir 'John Jacob and other the faid Farmers 200000/. for the dif-
charging and fatisfying of the reft and refidue of the great Debts by them
C 2 Con-
X
iz Advice to the Commons of England, &c.
Contra&ed for his laid Majefty King Charles the Firft, and for their reim-
burfement and fatisfa&ion of fuch Sums of Money as they had lent to, or paid
for thefaid King Charles the Firft, to be Received and DeduSed by them
out of their Rents payable to his late Majefty out of the Farm of the
Cuftoms, then, or lately before, made to Sir John Wolfienholme , Sir John
Jacob , Sir Nicholas Crifp , and Sir John Shaw in Five years, being the
Term of their then faid Farm, which they, or fome others of them, or on
their behalfs accordingly Received, and Difpofed of in payment and fatis-
fatisfa&ion of the laid Debts, (which if his late Majefty had not been
pleafed to do) the faid Farmers, and many of their Creditors alfo, had been
utterly Ruined and undone.
Chap. III.
Sheweth how the late Rebellion broke out, and fomething is faid
of the great Advantages the Rebels had, with what Advantages
only the Loyal Tarty had.
NO W in time King Charles the Firft had lately left White-hall , becaufe
of the rude Infolency of Tumults, backed and abetted by thofe in-
tended nothing lefs than confufion upon Church and State: nothing in the
World had more of horrour than thefe Tumults,Enormous and Deteftable were
their outrages, and no means could take place for their Suppreflion ; fb that
(to Redeem his Royal Perfbn and Confcience from violence) the laid King
withdrew himfelf, hoping thereby to give time both for the Ebbing of their
Tumultuous fury, and others their Abettors regaining fome degrees of mo-
defty and more fober fenle. But it is a thing Common to Men High and
Low, Noble and Ignoble, of all Qualities and Conditions whatfoever, that
when their Adverfities approach, theylofe chiefly that Reafcn and WiftJom,
with the which they might have hindred or avoided the ills that happen:
and it is common to Men and Kingdoms that draw towards their deftinies,
that when their ill Fortunes comes, it blinds their Eyes that they cannot
difcern it, and binds their Hands that they cannot help it, making them In-
ftrumcnts againft thc-mfelves in the Execution of their milhaps. His faid
Majefty King Charles the Firft was brought into great Streights, he meaned
well, wasmuch pleafed in his Parliament, and thinking to have prefervedthe
Love of his. Subjects thereby, he was not fa Tenatious as he ought to have
been ■,
Advice to the Commons England, £$c. i$
been ; but cared not tc leffen himfelf in the greateft points of his wonted
Prerogative ; thinking he might have been no loofer, but that he might have
gained a Recompence in his Subjedfs Affcdtions; he never bare any touch of
Confidence with greater regret, than that Matter related to the Death of that
Noble, Learned, and Loyal Earl of Strafford, he paffed the Bill for the Tri-
ennial Parliaments, and withal fettled that Parliament duringthe pleafure of
the Two Houfes, then Mr .Loivry, one of the Burgeffes for the Town of
Cambridge , writ word to his Wife forNewfe, that the King had Paffed an
Adt for a Triennial Parliament every year; the Fiff monger (pake truer than
he was aware of, for fuch conttrudtion was made thereof by thofe who in-
tended fngratefully and Wickedly to take Advantage of his large Concellions,
that the one with the other amounted to as much as to the Perpetuating that
Parliament. Whereas he hoped by this Adt of high Confidence to have fhut
out, and locked the Door upon all pre/ent Jealoufies and future Miftakes; they
intended nolefs, than to fhut their King out of Doors, and by Colour there-
of to Rob and Denude him of all his Royal Power both in Church and
State. Then the Prefs and the Pulpit joyned to make the King Odious, and
all Artifices were ufed to raife Money for the Raifingand Maintenance of their
Armies. After a Royal Subfedy of 4000001, they next had Poll Money,
then after they hedged in an incredible Sum by way of free Loanes and Con-
tributions upon the Publick Faith, then the Irijh Adventures for the Sale of
Lands, and the general ColledHon for the relief of the Diftreffed Proteffants
in Iroland, brought in vaftSums of Money, whereof the Tweentieth part was
not imployed to the right ufe; then they had an Impofition upon a Weekly
Meal, and a Loane from the City after the rate of five Subfedies, befides the
Five and twentieth part ; then there was an Affeffment for bringing, in the
Scots, befides feveral Weekly Affeffments for their feveral Armies; then they
had the benefit of Kings, Qyeens, and Princes Revenues; Sequeftrations,
and Plunder by Committees, and Compofitions with Delinquents fas they
werepleafed to call them) did arife to fuch Sums as paffed all underttanding;
befides the Excife, Fortification Money, and vaft Sums made by Sale of
Bifhops, Deans, and Chapters Lands: to be fhort, they Affumed to them-
felves all the Regalias of the Crown, they Seized upon Sword, Great Seal,
and Soveraignty, upon the Cuftoms, the Militia, and all the marks of Ma-
jetty, nay they did Arrogate to themfelves the Legiflative and Supreme Pow-
er, and they wanted not Commiflioners of the Great Seal, Judges, Juftices,
Publicans, and all Officers for all Offices whatfoever. That for the greateft
part of them, forfook their good Old Matter, (as Demas is (aid to have for-
faken St. Paul) to embrace this prefent World. They wanted not other
mighty Advantages, for they had all the Tenable places, and Towns of
Strength,
14 Advice to the Commons of England, &c.
Strength, both by Sea and Land, they had all the Navy Royal, they had
the Tower of London , with all the Ammunition and Arms of the Crown,
and one Advantage they had, exceeded all the reft, they had the City of Lcn-
don , which may be called the great Magazine of Men and Money, where
there is a ready fupply of all things, that may Cloath, and make Men Gay,
and Gallant, to put them in Heart and Refolution. We with the (aid King,
had only this Advantage, that we had the Word of God, and the Laws of
the Land for our Juftification, together with the great Tye and Bond of
our Allegiance; all which required our Obedience to the faid Kings juft
Commands • but to none other without him, or againft him, in the Point of
railing Arms, Virgilii aAEneid. jamque faces & faxa volant, furor Arma
winiftrat.
Chap. IV.
Sheweth, how the King, the Loyal Tarty , and the Law fttjfered
Violence.
GRievous were the various Effects, and fad Events of the late Civil War j
Force was repelled with Force, and the Publick Polemical Sword, ag-
gregateand made up of all the Ammunition and Arms, and Military Strength
of the Three Kingdoms (the juft Indubitable , and Inalienable Right of
King Charles the Firft in all his Dominions by vertue of his Royal Seigniory)
was put into the Hands of the People, tor the Prote&ion and Security of
thole then at IVefimtnfler from the Law, who againft Law Ruled not, but
rather Overruled their fellow Subje&s, at, and after their own Wills and
Pleafiires, and did cut large Thongs out of others Hides, to alter the Go-
vernmentin Church and State, for no other reatbn, but that they themfelves
could not be fafe under the fame; they could not be Happy, unlefs King
Charles the Firft were Miterable j they could not enjoy their Lives, Peace,
and Liberties; but they muft firft deftroy ins Friends, and afterwards in cold
Blood Barbaroufly Murder him. Imparallel'd and unheard of Cruelty!
Monftrous Impudence and Impiety ! Killed their King ? nay, their Good and
Godly King. It went not againft their Confidences, becaule he made a
Confidence to Deny them, what according to good Confcience he could not
Grant
Advice to the Commons of England, &c. i £
Grant them. I remember in time before the late War, above Forty years
fince, in an old Obfolete Author I met with this paffage, ( Certant hac duo
plerumque invicem inter ft , Rex & populm, quorum fi vicerit unus, perfio-
nam induit tyranni ; fi vincitur, tot millia tyrannorum, quot capitum naf-
cuntur; Crudelior autem femper efi tyrannis multorum, quam uniusi) which
Englilhed is, That thefe Two (that is to fay) the King and People do often-
times Struggle, are in Conflict and Strife between themfelves; of whom, if
one (that is to fay) the King, do overcome, then he becomes a Tyrant, but
if he be overcome, thence proceed, rifeup, or take beginning to be, fo many
Thoufand Tyrants, as there be Heads of Rebels, or of fmgle Individual
Perfons engaged in the Rebellion, and concludes, that more Cruel is the Ty-
ranny of many than of one. The whole truth of the Conclufion, was late-
ly feen in the Tyranny of a company of Men fitting at Wefiminfier , called
Lords and Commons, who Arbitrarily Reigned and Ruled over their fellow
Subjects, according to their Wills and Pleafures, as if the Iffueof the Fight-
ings of their Armies, had been centured only in the making of the People of
the Kingdom Slaves. Then followed the contempt and Oppreflion of the
Clergy, and facrilegious Invafions were made upon the Rights of the Church,
and Men of the Church, injurious Diminutions and Perfecutions of theLoy-
al Laiety by Sequeftrations, Decimations, and otherwife enfued, whereof we
of the Loyal Party were not only Witnefles and Spectators, but therein we
were fellow Sufferers. Now the Writs of the King fuffered Violence, of which
Mr. Fitzherbert in his Preface to his Natura Brevium, faith, that they be
the Foundations whereupon the whole Law doth depend ; of the which Writs
and Proceffes, as be appointed in the Law; it is laid in St. Jermin , in his
Book Written by way of Dialogue, called DoBor and Student , Fol. 64. a.
That the King as Sovereign and Fountain of the Law, is bounden of Ju-
Rice to Grant them to every Perfon that will Complain, be his Surmife true,
or falfe. Yet in Read of Carolus Secundus Dei Gratia, &c. Vicecomiti, &c.
was ufed, The Keepers of the Liberties of England , by Authority of Parlia-
ment, To the Sheriff of, &c. But thofe who had built this Babel, by their
Divifions and Jealoufies, one had of another, were in timehroughttoRrange.
Confufions. The Writs were to run no longer in the Name of the Keepers,
&c. But all Writs and Procefs were iffued forth in the Name of Oliver their
General. The Independent, though the Younger, now prevailed again A the
Presbyterian the Elder Brother, whath the Elder had hunted after, the Young-
er now catched for himfelf. And now alfo it may be obferved, that a Houfe
of Commons fingly Affumed to themfelves the Title of, and were Riled the
Parliament of England ; though his Sacred Majefly King Charles the FirR
had before truely told them, in his Speech to them 3. Car. that none of the
Houfes
16
Advice to the Commons of England, &c.
Houfes of Parliament joint or Separate, had any Power either to Make or
Declare a Law without his Conlent.
111
if ' "
m
- i»s
. ; i VI '0(3!
i'l
!''< l I
■A
|f|j
Hi
ill
Chap. V".
Sheiveth alout what time the Kings Writs were firfl framed for the
induction oj the Commons into the P ar Laments of England.
FRom the Norman Conqueft untill fome time in the Reign of H. 3. Par-
liaments were holden by the King and his Barons Spiritual and Tem-
poralj in whole days (it is thought) the Kings Writ for Election of
Kinghts, &c. was firft framed, and that the Commons were reduced to a
Houle by the Advice of the Bifhops to the King in the heat of the Barons
Wars. It was thought expedient then to frame a Writ for their Indu&ion,
that they might allay and leflen the Pride and Power of the Peers, who had
waged War fo many years againft the Crown. However leaft they Ihould arro-
gate too much Authority to themfelves , they never could lb much as exhi-
bit an Oath, nor impofe a Fine, or infli6t Punilhment upon any but their
own Members, until the time of the late Ufurpers, when they were grown to
that height of Impudence, that the King himfelf, and Lords Spiritual and
Temporal were Excluded by them: of whom fas well before the Norman
Conqueft as fince) the Ancient Parliaments of England conhfted only, with-
out them. For it is true the People were wrought under by the Sword of
the firft William and his followers to a Subje&ed Vaflallage, Divifion and
Power had Mattered them, none of their old Nobility and Heads were left ei-
ther of Credit or Fortunes, what he Detained not in Providence (as the
Demeans of the Crown) or referved in Piety (as for the Maintenance of
the Chnrch) he parted and divided amongft thole Strangers that Sailed along
with him in the fame Bark of his Adventure ; leaving the Natives for the molt
part (as may be feen by his Survey called Domefday Book, now in the Ex-
chequor) in no better a condition than Villenage. To fupply his Occafions
of Men, Money, or Provifions, he Ordered, that all thofe who injoyed any
fruit of his Conqueft, fhould hold their Lands (proportionably by lb many
Knights Fees) of the Crown. And permitted them to Enfeofte their follow-
ers with fuch parrs as they plcafed of their own Portions: which (to eafetheir
charge)
Advice to the Commons of England, &c. 17
charge) they did in his and his Sons time. This conrfe provided him the
Body of. his War, the Money and Provifion was by Hidage AffefTed on the
Common People, at and with the confent of their Lords, who held in all
their Seigniories fuch right of Royalty, that to their vaffals (as Paris faith)
they were quot domini, tot Tyranni , and in time provided to the Kings fo
great a Curb and reflraint of Power, that nothing fell into the Care of Ma-
jelly after, more than to retrench the force of Ariflocracy, that was like in
time to ftrangle the Monarchy. Though others forefaw the Mifchief be-
times, yet none attempted the remedy until King John whole overhafty un-
dertakings brought in the mentioned broiles of the Barrens Wars: there
needed not before this, Care to Advile with the Commons in any Parlia-
mentary or Publick Alfemblies, when every Man in England by Tenure
held himfelf to his great Lords Will, whole Prelence was ever required in
their Parliaments, and in whole Alfents, his dependant Tennants content
was ever included ; from what is aforelaid, the Commons of England, or ra-
ther they (whom the Commons fhall Eledl to future Parliaments, and are
properly faid in Parliament AlTernbled to be the Reprefentatives of all the
Commons of England ) may take notice, that Anciently was in utecnly one
Writ of Summons to Parliament, by which the King Summoned the Lords
Spiritual and Temporal teparately to come to his Parliament, at a certain Day
and Place appointed in the Kings Writ. And of laser times (with the rea-
fons for the one, and the other) there hath been an Additional Writ framed
which is fent to every Sheriff of England and Wales , for Ele&ion of Kinghts,
&c. for the Parliament in the Kings Name; and when fent it is called the
Kings Writ, and is directed to his Subordinate Officer the Kings Sheriff.
For the truth is, the King by his Writ, giveth the very Effence and Form
to the Parliament: which is to be Summoned when he plealeth, to be Adjourn-
ed, Prorogued, and Diffolved, when he pleafeth. And in all good times of
Government (before and fincethe Conquell) it was ever in the Kings pow-
cr, -and was, and is his Priviledge, Royal Prerogative, and Regality,
to Grant or Deny fuch Petitions as he plealeth, and all A£h of former times,,
and feme of latter time were| and are in form of Petitions.
D
CHAP.
18 Advice to the Commons of England, & c.
Chap. VI.
Sheweth the difference between Parliamentary Priviledges, and
the Priviledges of the King; and Jheweth how at firfl Kingly
Government was conjlituted by God himfelf and that by Gods
Law alfo the Legiflative Power, and the Power of the Militia
was given to the King; and that in thefe high eft Points of the
Kings Prerogative, the Law of England is agreeing with the
Law of God, and that God is vindex fui Ordirfis, the aven-
ger of his own Ordinance.
TH E Speaker uf the Houfe of Commons (on the firft day of every Par-
liament) is ufually Prefented to the King, and (in the Name of the
Commons of England) he humbly Prays, his Majeffy would be Gracioufly
Pleafed to Grant them their Liberties and Priviledges; which is a ftrong
Argument that their Priviledge (their pretended Birthright and Inheritance)
floweth only from the Kings Primitive Grace and Favour; and that they
would not pray that, de Gratia , of Grace, if they had any Colour to claim
the fame, de Jure, of Right. And the renewing of this Petition every Par-
liament, proves the Grant to be but Temporary. But the late Ufurpers
pretended they had Priviledge granted to them to fit by the Mentioned A6t
of Continuance, &c. And therefore all fair Offers from his faid Majeffy for
Publick.Good,and for the Prefervationof the Government in Church and State,
were afterwards interpreted a Breach of Priviledge. Though the found-
eft Lawyers of that time, were of Opinion, that the faid A6t of Continu-
ance was Void in it felf; in regard that what Grants or Conceftions foever
the King makes, the Law prefuppofeth, they aje always with this Provifoe,
Salvo jure regio, falvo jure Corona ; In the 7.0th. of Rich, the Second, it may
be feen in Mr. Howes Chronicle, that a Parliament holden at Weflminfier
was Ordained to endure Forty eight days; but it was Abridged, for the
King would not tarry there more than Five days, wherein he declared the
things pertaining to the Realm, efpecially fuch Matters as touched himfelf,
&c. One property of every good Law of Man, is that the Maker exceed not
his Authority, which certainly they did that framed that Bill for the A£t of
Continuance, &c. And Coke 10th. rep. 57. h. it is agreed, that Parlia-
mentum,
Advice to the Commons of England, &c. ig
mentum, t eft amentum, & arbitramentum, are to be condrued according to
the intention of the Makers; the faid King certainly intended not thereby to
Exclude himfelf, becaufe by the Laws of our Land, it cannot properly be
faid a Parliament, unlefs it be confiding of King, Lords, and Commons.
And if Kingly Government be condituted by Divine Right, then St. Jermyti
tells us, that Cudoms and Statutes are void, that are againdthe Law of God,
and fo that Aft was null in its own Nature at the very fird, and the propofal
of it, was Treafon in a high degree. Parliamentary Priviledges are but
Temporary, and are not in them, till asked by their Speaker Precario, and
granted by their Sovereign. But Mr. Plowden, Fol. gz z. b. faith, that e-
very Prerogative of the King containeth in it felf a Prefcription, for it reft-
eth in ufage. And Fol. g 19. b. and gzz .a. he faith, that the Prerogative of
the King may not be faid to be torcius , that is confonant to reafon, and
hath been ufed from time to time, in the time of one King after another, fot
the Law is not known if not by ufage, and ufage proveth that it is Law.
And Fol. gzz. a. and gzg. he faith, all the Prerogatives mentioned in the
Stature of Prerogativa Regis made in 17 0 . Ed. zdi.were in the King by the
Common Law, before the faid Statute, and many others, and Fol. g 18. a.
he faith, It is a commendable thing for the King to abdain from the extre-
mity of his Prerogative of his fpecial grace in benefit of his Subjeffs, but
withall faith, that the Law doth not force him fo to do. And Sir Ed. Coke
in the Fird part of his Inftitutes, Fol. 90. b. faith, that Prerogativa is de-
rived of pre, id eft, ante, and rogare, that is to ask, or Demand before hand,
whereof cometh Prerogativa, and is denominated of the mod excellent part,
becaufe though an Act hath pafled both the Houles of the Lords and Com*
monsin Parliament, yet before it be a Law, the Royal Aflfent mud be asked
or Demanded, and Obtained, Bratton li.j°. calleth it Ubertatem, in another
place privilegium Regis. Brit ton Fol. z 7, calleth it droit le Roy, the Right
of the King: the Regider of the Writs calleth it, jus regium Corona, the
Royal or Regal Right of the Crown. And Mr. Stanford in Prerog. Fol. <y.
a. b. faith, Prerogativa, is as much to fay, as a Priviledge or Preeminence
that one perfon hath before another, which as it is tolerable in fome , fo it is
mod to be permitted and allowed in a Prince, or Soveraign Governour of a
Realm, for befidesthat, he is the mod worthyed or excellent Part or Mem-
berof the body of the Commonwealth, fo is he alio fthrough his good Go-
vernance) the preferver, nourifher, and defender of all the People, being the
red of the fame body, for which caufe the Laws do attribute unto him all
Honour, Dignity, Prerogative and Preeminence. It is faid, Cokey. 10. b.
and 11. a. That the King is an abfolute Prince before his Coronation, which
is but a Royal Ceremony, Ornament and Solemnization of the Royal Defc
D z cent,
MftO
ao Advice to the Commons of England, £f 1c.
cent, but no part of the Title, and that Rex, non eft Rex, quia Coronatur,
fed Coronatur quia e(l Rex, The King is not a King, hecaufe he is Crowned,
but he is Crowned, becaufe he is a King. And Coke 11. ji. a. The King
is (aid to be fponfus Regni, and per annulum, by a Ring, is faid to be efpoufc
ed to the Realm at his Coronation ; which is a great Mark of Soveraignty
and Power in the King over his People ; for admit the King to be fponfus,
the Bridegroom, or new Married Man, and the Realm to be Jponfa, the Bride
or new Married Woman at this Solemnity of his Coronation, every Woman
is fub pot eft ate viri fui, under the Power of ber Husband, & ipfe dotninabi-
tur ejus, and he (hall Rule or Reign over her by Gods Law : Gen. 3.16.
and our Law doth not edrange the Husband of any Interell, Prerogative,
or thing that the Wife hath at the time of the intermarriage or after.
But as in all Rebellions, (b in the late time of Rebellion, the Woman wore
the Breeches, as is eafily proved by the Money Coined in ihofe times. Al(o
in Coke 7. 10. b. The King is faid to be pater patriae, the Father of his
Country, which is another Mark of his Soveraignty and Supream Power ;
for at the beginning of Kingdoms, when all the World confided of a
few Houfholds, the Elder or Father of the Family exercifed Authority over
his Meyney, and did didribute reward or punifhment amongd them after
his own difcretion: all which aforefaid is agreeing with what the Poet faith,
Jura dant finguli natis, & uxorsbus , every fingle individual Perfon gives
Laws to his Wife and Children. This was patria poteftas, Fatherly power,
the fountain of Regia poteftas, Kingly power; and fo Regia poteftas is lege
Natures nonarbitrio popttli, and fo Kingly Authority is by the Law of Na-
ture, not by the Will, Power, or Arbitrementof the People, & leges Na-
tura perfeftifftmes funt, & immutabiks, and the Laws of Nature are the
mod perfedl, and not to be Altered or Changed. No fooner was there a
Houfhold but there was a Soveraign ; All regal Authority was then includ-
ed in the Office of Father. And therefore God Almighty in giving the
Fifth Commandment (called the Crown Commandment) Honour thy Father
and thy Mother , intended the Duty belonging to all Magidrates. After-
wards when Houffiolds grew to that gteatnefs, that they were like to little
Commonweales, fo that Abram out of his own Houffiold could raiie an Army
of 3 1 8, Gen. 14. 14. then being not only patres fatnilias, but in Title Kings,
. they were called by a mixt name of both Patriarchee, which fignifies Fathers
and Kings: at length when by the increafe of the World, many Houfesand
Towns joyded in fiibjecHon to fome one Soveraign Power; then was pater
left out, and they were called by that name they now have dpyal or dpyj.Tce,
Powers or Rulers, and thus we had Magidracy begun by tlod himielf in
the very cradle of Nature. So that our Obedience to Princes, is a very ma-
terial,
Advice to the Commons of England, fSc. ii
terial, great and important Point of Religion ; fince the Scriptures di&ate to
us, that the beginning of Kingdoms, was heft, lege Natura, after inftitutione
Dei, laftly confenfu& note populi: for though th elfraelites demanded a King
(i Sam. 8 th.) yet they asked him to be made by Samuel , as the mouth of God ;
and after Samuel had told his Power and Prerogatives over them, then (not-
withftanding all) they gave their abfolute Afient to yield to him (yer. 19,
and xothl) to be their Judge in Peace, and Captain in War. Whence I
pray, with me obferve that even at the very firft fettling and conftituting
Kingly Government, the LegifLtive Power was given to the King, he was
to be their Judge in Peace, and the Militia and Power thereof was then alio
given to the King, he was to be their Captain in War. Hence it is, that it
was faid by Rracton, cited by Coke j.n. b. Eft Corona Regis facer e juftitiam,
& tenere pacem, &c. and again in Coke 7. ay. b. that it belongeth only to
the King, fiedus percutere, & bettum indicere; fo that to do Juftice and pre-
ferve the Peace, to put a fufpention to War by making a League or Truce,
and to proclaim War, is jus Majeftatis, & inter infignia eft fumma Regis po-
teftas, amongff all the fignally higheft Points of the Kings Prerogative ;
thefe are only the Rights inherent to the Supream Power of the King;
and fo you have a perfedt harmony between Divinity and Law, and our Law
agreeth with the Law of God. And to (hew you further wherein it is not
diffonant; but doth epuatuor pedibus currcre, run upon all four, and is fully
agrreing with the Law of God, mark what St. Peter commands, 1 Pet. 2, chap.
13, 14, verfes, Submit your [elves to every Ordinance of Man for the Lords
fake, whether it be to the King as Supream, or unto Governonrs, as unto them
that are fent by him, for the puniftment of evil doers, and for the praife of
them that do well, in which words all Believers both Jews and Gentles , are
diffwaded from Rebellion, and by St. Peter ate admonifhed and commanded
to be obedient to Authority ; for in thefe words of the Apollle, the Authority
of the Magiftrate both Supream and Subordinate is fully Eftablifhed and
Juftified, not by Humane only, but alfo by Divine Right; not as a thing
brought into the World by the Ambition of Governours, that they may have
a (pr*e effe) a precedency, or preeminence above others only, but that they
fhould afford their ( prodefte) too .* and be inftruments of good and welfare to
the whole Community. It is true, Civil Government or Magifiracy is cat-
led by St. Peter, Mans Ordinance, or humana ordmatio , the Ordinance of
Man. And fo it may be faid to be, Subjectively , as being joyned
or born by Man ; or Objectively, , as imployed amongff Men; or Ft-
na'diter, in refpedt of the End, it is for the Good of all Men. But
that Kingly Government may plainly be demonftrated, not only to be
ivrio^, the Creature or Creation of Man, but alfo y.noi^ ,fh8, the
Creation.
Ml
'*> ■ f • ■-*■> **■■■■■*& - * 'ggwgy
21 Advice to the Commons of England, &c.
Creation or Creature of God: letusconfult again, I Sam. Sth.ver.zi, zz<
where we have the Prophet Samuel rehearfing the words of the People in the
Ears of the Lord. And the Lord laying to Samuel, in the Imparative Moed
altogether, hearken to theirVoice, and make them a King. So we have the
word of God Almighty himfelf exprefly for the Configuring of King'y Go-
vernment. And let St. Paul be admitted to comment upon St. Peter, who
in the i ph. of the Romans i, and z. faith, Let every Soul be Subject to the
Higher Powers, for there is no Power but of God: the Powers that be are
Ordained of God, whofoever therefore refifleth the Power, reffeth the Or-
dinante of God, and Denounceth no lefs pain than Damnation to them that
refisl. Therefore as St. Peter advifeth for the Lords fake, yea.' and for
our own fikes, we are to fubmit our felves to every Ordinance of Man. For
as St. Jermin D. and Stud. %z. faith, Laws made by Man, that hath received
Power from God, to make Laws, are made by God. And again, Fol. 131.
They that regard not the Kings Laws, refill the Ordinance of God. And
as Kingly Government is derived from, fo it is Defended and Preferved too
by God himfelf. In time after the late Ufurpers had deprived his Sacred
Majefly King Charles the Firft, of Wife, Childern, Army, Friends, Free-
dom and Life, and that their Power feemed to be above all Rule, Order, and
Law; then itpleafed God to fill the rageing of the Sea, and to put a flop or
flay to the Madnefs of the People; and by his fecret Power to direct their Hearts
to cry out, and in their extremities (for the Reviving the Laws of the
Land both in Church and State) to infill upon the having of a free Parlia-
ment, which in Gods time opened the Door for the letting in of his late Sa-
cred Majefty to his moft Miraculous and Happy Reftauration. God at length
{hewed the People of this Nation, that King Charles the Firft chole rather to
fuflfer for them, than with them, for he happily might have redeemed himfelf
to fome fhew of Liberty,if he would,or rather could haveconfented to enflave
us, he might have avoided that ruine that befell him, if he could have been
willing to have confirmed many Tyrants over us. He that faid Touch not
mine Anointed, and do my Prophets no harm ; certainly (may we fay) it is
he alone, that by fome fecret Power, upholds his own Ordinance, againflthe
Violence and Machinations of Rebels, and Thieves to ; and from it we may
fay and acknowledge, (giving the Praife and Glory to God alone for the fame)
that he is columnarum columna, the Pillar that bears up the Pillars; he is
fcutorum, fcutum, the Shield of Protection, for the Shields of our Earth.
And that plainly appears by thofe Judgments, wherewith God hath cut off
thofe that have Rebelled, with his own hand from Heaven. Korah and his
Company (Numb. i6tb.) for making Head'againft Mofes and Aaron (thofe
leaders of Gods People) that died not the Common death of all Men, but
the
^J23SBS3SS8i^
Advice to the Commons of England, &c. 23
the Earth (as weary of fuch a burthen) opened her Mouth, and fwallowed
them up, and they went quick into the Pit. Abfalom , for Rebelling againft
his Patriarcha , his Father and King, as one that defcrved no Favour, either
from God in Heaven, or his Deputy on Earth, was hung up between Hea-
ven and Earth (as unworthy of either) and was Strangled by the Hair of his
own Head, the Flag of his Ambition was made the lnfirument of his Exe-
cution. So that God himfelf may be faid to be vindex fui ordinis , the aven-
ger of his own Ordinance.
Chap. VII.
Sheweth that vindictive Juflice is alfo derived from God to the
King as Supream, aud that all Subordinate Officers derive their
Jurifdittion from the King, and through his Mediation from God
alfo, and that herein the Law of England is alfo agreeing with
the Law of God.
NA Y, it is faid, Vengeance is mine and I will repay it faith the Lord j
and it is the very Ground and Foundation of all Order and Govern-
ment, that it is fo ; for otherwifo as Men do Multiply and Increafe, natural
Love doth decreafe, and the Mightieft (as fomany Bulls in the Herd) would
be moft mifohievous to the Weaker, and would be always quarrelling a-
bout Limits and Rivers, from whence came the words, Lis and Rivales . And
therefore this vindittive Jufice, is derived alio from God himfelf, to his
Vicegerent on Earth the King ( as St. Peter faith, where before cited) for
the punifkment of evil doers, and for the praife of them that do well. So that
Magiftrates are of two forts, Supream and Subordinate, Subjedtion is due to
both, to the King as Supream, and to the fubordinate, fuch as are Judges,
Juflices, fuch as are mijfi, Commiflioned Officers, and fent by him that is
the King, for as he hath his Authority immediately from God, fo they have
theirs from him, and through his Mediation from God alfo. As God hath
confirmed the Kings Supremacy, fo hath he alfo ratified his Subordinate Of-
ficers deputation, as may be foen, Exodus 18. 18. where we have Jethro the
Father in Law counfelling Mofes his Son in Law, about the Prerequifitc
qualifications, who they jfhould be, and the bufinefs of Judges, what they
ntufl
24 Advice to the Commons of England, ®c.
muft do j but neither of thefc without Gods approbation, and therefore by
Mofes followed then, and by all Kings obferved ever fince; they were to
be able Men, fuch as feared God,. Men of truth, hating Covetoufaefs, fueh
as thefe were to be placed over the People, to ]udge them at all feafons.
Hence it is, that Bratlon (cited by Stanford , y4, yy.) (aich Dominus Rex ha-
bet Ordinariam jurifdihhonem, dignitatem, & poteftatem fuper omnes qui in
regno fuo feint, , habet enim omnia jura in mantt feud, &c. Our Lord the King
hath the Supream Junfuidtion, Dignity, and Power over all the People that
are within his Realm; he is faid to have all the Laws in his hanu which belong
to the Crown, he hath alio the Material Sword, which extends to the Go-
vernment of the Realm in War, he is alfofaid to have Juftice and Judgment,
which are of his Jurifdi&ion, as within his Jurifdidfion only, as he is the Mi-
nifter and Vicarof God, and is to diftribute to every one what is his. He
hath alfo in him, qua Junt pads, the Powers which are of, or belong to the
prefervationof Peace, that the People (with the Governance of whom God
hath intruded him) may live quietly and fafely in Peace, that one may not
Beat, Wound, or evil Intreat another, that one may not by Force and Rob-
bery Steal, or bear away that is another Mans, or one may not Maim or Kill
another. He hath alio Punifhment in his Power, that he may Punifh and
Correct Offenders, &c. However for the King in Perfon to Arreff or
Commit a Man, or do any Offices of Juftice, is indignum rege , is beneath
the King; Mercy and Honour flow immediately from the King, Judgment
and Juftice are his too, but thefe flow from his Minifters. And therefore
leaft there ffiould be a failer of Juftice, and becaufe the King himfelf in Per-
fon may not be Judge or fit in Judgment in Treafon or FelHny, becaufe
he is one of the Parties to the Judgment; he may therefore commit his Au-
thority to another, who is to be Judge between him and the Offender. And
therefore Expedit rei public a ut Magifiratus confiituatur, and to this purpofe,
Eligere debet Rex de regno Juo, uiyos fapientes, & timentes deum, &c. & ex
Hits confiituere jufticiarios, &c. Therefore it was thought expedient for the
general good of all; that Magiftracy ffiould be Conftituted and fettled. And
in this work of Conftituting Magiflrates, the King (as it is faid (Exod. 18.
11 ) in his own eafe, and that they might help to bear the burthen with
him) is to Eledt and Choofeoutofthe Kingdom wife Men, Men fearing God,
regarding the Truth, hating Covetoufnefs; and of fuch to make and create
Judges, Juftices, Sheriffs, and other his Minifters and Bayliffs, to whom are
referred all matters of Controverfie, relating either to real or perfonal A£H-
ons; letting forth perfpicuoufly and more fully all the prerequisite good pro-
perties he ought to have, and to be indued with all, to whom the Kingffiall
commit the Office of a Judge, Juftice, &c. Et fic concordat lex diuina non
aliquan-
Advice to the Commons 0/England, &c. 2£
aliquant ulum, fedquamplurimum cum humand , And fo the Law of God is
not Somewhar, or a very little, but very much agreeing with the Law of Eng-
land, especially in thefe matters relating to the Royal Priviledges and
Rights of the Crown. Now thefe Royal Rights and JuriSdi&ions may not be
Transferred to Perfons or Tenements, or pofleffed by any private Perfon,
nifi hoc datam fit ei defuper ; unleSs ic be given him from above, (that is to
fay) from the King. Now delegatus dicitur, c ui cm fa demit til ur terminan-
da vel exequenda, vices delegantis reprfentans, & in furifdiltione nihil
proprium habens, he is faid to be a delegate to whom Authority is com-
mitted to Handle and Determine Matters, being the Representative of him
that Delegates him, and yet he hath no propriety in the Jurisdiction, nor
can properly call it his own. So it is with Judges, Juftices, the Judgments,
and the Courts j they are called the Kings Judges, the Kings Juftices, the
Kings Judgments, and theCourts of our Lord the King. So that Jmifdiliio
delegata, non delcgari potefi, qtun potefias Ordinaria remaneat cum ipfo Rege,
this Jurisdiction delegated cannot be delegated, but ftiU the Supream Power
muft remain with the King himfelf.
Chap. VIE
Sheweth that the Subjects of England are bound by their bond of
Allegiance to ferve the King only in his Wars, and that the King
is the Fountain of Honour: and by way of Induction to the fame,
fomething is faid of a Countee Palatine, Davids worthies , and
good old Barzillai the Gileadite.
I- N our Books , we read of a Countee Palatine, to have divers Royal
Franchizes and Priviledges, which were not Granted to other Earls; and
that the DoClors of the Imperial Law hold, Jfuod folus Princeps, qui eft
Monarch a & Imperator in Regno fuo, ex plenitudme potefiatis, potefi creare
Comitem Palatinum , according to which Rule the King of England may
well Create a Countee Palatine, for he is Monarcha & Imperator in Regno
fuo , as is apparent by many Records and Judgments in Parliament. Here
we may obferve by the way, that when once the King was Inverted with
Royal Authority, that his workings in his Sphear were Honoured with the
x E 1 Name
/
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a6 Advice to the Commons of England, &c.
Name of Creation ; he was faid to Create, as we may fay in our own Phrafe,
Men that are Advanced by the King to fome Title of Nobility, or Office
of State, are commonly faid by him to be Created, and that the Stile of their
Pattents, is not only facimtts, but creamtts, that (as in Scripture) Kings are
Named Gods, I have faid, ye are Gods. So they may in their Sphear do
fometbing refembling the Power of God. And every Countee Palatine Cre-
atcd by the King of England is Lord of a whole County, and hath in it
Jura Regalia, which are confiding in Two principal Points, ifi. In Royal
Jurifdidtion, by reafon whereof he hath all the High Courts and Officers of
Judice the King hath. And 2 ly. In Royal Seigniory, by reafon whereof he
hath all the Royal Services and Efcheats that the King hath. .And therefore
this County is meerly disjoin'd, and fas it were) Seperated from the Crown :
as is faid in the Cafe of the Dutchy Plow. n^.b. fo that no Writ of the King
runneth there, unlefs it be ( Obferve ) a Writ of Error, which being the
kd Refort and Appeal, is only excepted out of all their Charters, 15. Eliz,.
Dyer 3x1. and 345-. and 34. H. 6. 41. and as to Royal Efcheates, the
Countee Palatine hath the Elcheates of Treafons that the King by his Pre-
rogative ffiall have of Lands holden of all other Lords; but that is to be
underdood, of Treafons, which were fo at the time when the Countee Pa-
latine was fird Eredfed, and not of new Treafons by Adf of Parliament af-
terwards 12. Eliz,. Dyer 288. b. 289. a. and this comes Palatinus was fo
called, d comitando vel fequendo principem, and the Perfons advanced to this
Name or Title of Honour, were fummi proceres & d Rege proximi, he was
to be a Chief Officer and Counfellor in the Pallace of the King; and it is
faid, he was not only to be a Companion of the Perfon of the King, but
he is to be comes cur arum alfo, he is par extant cu*is, folo diademete difpar,
and is to Sink and Swim at all times and feafons with his Lord the King,
though it be in troubled Waters. So that the King is, and ever was the
fountain of Honour; for as it belongeth only to the King of England to
Make or Coin Money, and that no other perfon can do the fame without
fpecial leave or Commandment of the King; and if any prefume of his own
head to Coin Money, it is Treafon. And as he only hath the Priviledge
to Coin Money, lo he hath the fame Prerogative to give a vallew to bafe
Metal by his Imprtffion or Charadfer, as he hath to give a higher Elfeem
to a mean Perfon, by imparting the Charadfer of Honour to him , fic
fet viro, cjuem Rex honor are defiderat, Davyes rep. 19. a. 25 \a. yet the
Countees Palatine are to rake notice what is laid alio in Davyes rep.66.b. Comu
tes Palatii regalem habent potefiati-m in omnibus, falvo dominio Domino Regi,
ficut Prwcifi, Countees Palatine have Kingly Power in all things (excepted
always
FSB
mom
Advice to the Commons of England, &c. 27
always neverthelefs) Lordfhip, Dominion, and the Power to Rule over them
and their Counties to the Lord the King, as their Prince and Soveraign. And
they and all the Nobility (either of the more Ancient, or the latter imprefc
fion) are to know, that no Lord can be Ancienter than the King; for all was
of him and came from him at the beginning, Stanf prer. 10 th.a. and we
have a laying in our Books, that honor eji in honor ante non in honorato, that
Honour is in him that doth the Honour, not in him that is Honoured ; and
amongfl many reafons might be given for the fame, I fhall only prefume to
mention one, which is, that Perfons of Honour (hould fo behave themfelves
to all Men, that they (hould not give the leaf! occafion to any Man to
think much lefs to fpeak Difhonourably of them. In the zd. Book of Sa•
muel z^d.chap. we have a Catalogue ot Davids Worthies, of whom (ome
were more mighty, and had done more fignal Services than others of them,
and therefore were more Honourable than the others: fo we may alfo fee in
the fame Book of Samuel , in the ijtb. and 19th. chapter s t That Barzallai
the Gileadite of Rogelim, that (when the Armies of [frael and Ahfalom were
pitched in the Land of Gilead) had relieved David and his People with
him, with all manner of Forrage, Beds, Bafons, Earthen Veflels, Wheat,
Barley, Flower, parched Corn, Beans, Lentils, parched PuKe, Honey,
Butter, Sheep, and Chee(e of Kine, that David and the People with him
might Eat and refrefh themfelves; for there it is (aid, the People were hun-
gry and weary , and thirffy in the Wilderneft, in the 1 8th. chap, we have
the Relation of the Defeat of Ahfaloms Army and his death ; in the 19th.
chap, we have King David faying unto Bar&illai, come thou over Jordan
with me, and I will feed thee with me in Jernfalem. Barzallai was to have
been made Comes Palatinus, was to be taken into the Kings own Family,
and to feed with the King at his own Table. But the good old Man being
very Aged excufed the matter, faying, Thy Servant will go a little way
over Jordan with the King: and why (hould the King recompence it me with
fuch a reward ? Let thy Servant (I pray thee) turn back again, that, &c.
But behold 1 my Son thy Servant Chimham , let him go over with my Lord
the King, and the King anfwered, Chimham (hall go over with me, and I
will do to him that (hall feem good unto thee, and whatfoever thou (halt
require of me, that will I do for thee: and all the People went over Jordan,
And when the King was come over, the King kiffed Barzallai , and Bleffed
him, and he returned to his own place. Hence may be inferred, that the
King hath not only panam, Punifhment, but alfo premium, Reward, in his
Power, and fo he is fee over us, not only for the punifhment of them that
do evil, but alfo for the praife and reward of them that do well. And as if
■E z for
2.8 Advice to the Commons of England, &c.
for the Life only of King David, to have created Chimham, Comitem Tallacii
fui , or Vallainum, had not been a reward fuitable to the Merits of good old
Barzdllai , in the Firft Book of Kings, the zd. chap, and the jth. verfe , we
may fee, That when the days of David drew nigh that he fhould die, and
that he gave feveral things in charge to Solomon his Son; amongft the reft
he gave him a fpecial charge to fhew kindnefs, not unto Chimham only,
but unto all the Sons of Barzillai the Gileadite , charging him, that he let
them be of thofe that Eat at his Table (rendring this for reafon) for fb they
came to me when 1 fled becaufe of Abfalom thy Brother. Abjit, be it far
from me, I do not mention this nutter, as if I would thence infer, that
King David was obliged to have done this Honour to Barvillai and his Sons:
No! Cujits efi dare,ejus e(l difponere, he that hath the power to give Honour cr
Reward, hath alfo rhe difpofing power to give, to whom, what, and when
he pleafeth; and the very words of B arvillai (and why fhould the King re-
compence it me with fuch a reward) manifeft, that good old Barzillai thought
it his bounden Duty to do what he had done. And as appears (by the pream-
ble of the Statute of i ith. H. yth. ca. i) Every Subject of this Realm of Eng-
land by Duty of Allegiance is bound to ferve his Prince and Soveraign Lotd
in his Wars, for the defence of him and the Land againft every Rebellion,
Power and Might, reared againft him, and with him to enter and abide in
fervice in Battel. And Sir Edward Coke alfo (in the ytb. part of his Reports
Fol. 7. b. 8.<?.) faith, that all Subjects are bound to go with the King in War,
infra & extra regntm, both within and without the Kingdom.
CHAP.
Advice to the Commons of England, 29
Chap. IX.
Herein y oh have a Suhjefl defined, you have Ligeance defin-
ed, and is fhewed that the King hath two Capacities,
the one Natural, and the other Politick, that the body Po-
litick cannot he feparated from the Body Natural ; that Li-
geance is due to the Natural Body of the King; that the King-
dom of England admits of no interregnum, and that the
Difherifon of the Right Heir of a Kingdom is wont to he the
beginning of Civil Wars.
O W whofoever is born under a natural Ligeance due by the Law o£
Nature, is a Subjedt. And it is neither calum, Heaven, nor folum,
the Soil, that makes the Subjedt, but Ligeance : which is of as large extent
and Latitude, as the Royal Power and Protedtion of the King is; which
Allegiance or Ligeance is a true and faithful Obedience of the Subjedt due to
his Soveraign; and is, or ought to be an incident inleperable to every Sub-
ject; becaufe Ligeantia eft vinculum fidei, the bond of Faith, eft quafi Le-
gis effentia, eft ligament um, quafi ligatio mentium; quia ficut ligamentum eft
connexio articulorum & junfturarum, &c. As the Ligatures or Strings do
knit together all the Joints of all the parts of the Body, lo doth this Ligeance
joyn together the Soveraign and all his Subjedts ; quafi ttno It gamine, as in
one knot or tye. In fome Adts of Parliament, Subjedts are called Leige Sub-
jedts or Leige People; and again in fome Adts of Parliament, the King is
called Leige Lord of his Subjects, fo that I may further fay , Ligeantia eft
quid quodamodo reciprocum, a certain Reciprocal thing ; hence it is we lay,
Protettio Regis iiahit fubjeciionem fubditi, & fubjeBio fubditi trahit proteclio-
nem Regis, The Protedtion of the King doth draw or attradt the Subjedtionof
the Subjedt,and the Subjection of the Subjedt doth draw or attractto it the Pro-
tedtion of the King. So that this Ligeance is the mutual Bond and Obligation
between the King and his Subjedts,whereby Subjedts are called his Leige Sub-
jedts, becaufe they are bound to Obey and Serve him, as well in times of
War, as in times of Peace; and he is called their Leige Lord, becaufe he is
30 Advice to the Commons of England, &c.
to maintain them in their juft Rights and Liberties by the power of the Sword
times of War, and by the Legiflative power to defend them in times of
Peace from Injuries and Oppreffions. Now the King is laid to have Two
Capacities, one Natural, the other Politick, one framed of God, the other
by the Policy of Man, one fubjecl to Infirmities, the other nor. And the
Eftate Royal or Politick doth not confound the capacity of his Body Natu-
ral, but their Capacities remain diftinCMy as in other Perfons that have dou-
ble capacity as a Bifhop or a Dean, &c. Plow. 134- a - a "d Body Politick
of the King may not be disjoynedor leparated from his Body Natural, Plow.
130. a. 7 .47.. b. So that when the King is Sworn to his Subje&s fas he is
at his Coronation) he taketh Oath in his Natural Perfon, for the Politick
Body is immortal, and invifible, nay, the Politick Body hath no Soul; for
(as is aforefaid) it is framed by the Policy of Man, and therefore the King
cannot be faid to Swear in his Politick Capacity. In likewife when at the A!-
fiz.es by the Judge of the Goal deli very,at the Selfions of the Peace,by the JulH-
ces or the Commiffioners of the Peace ; when at, or in the Leer,by the Steward
there, the SubjeCt is, orlhall be Sworn to the King, to bear Faith and true
Allegiance to his Majefty, his Heirs and Succeflors; then the SubjeCf is Sworn.
to bear Faith and true Allegiance to the Natural Body of the King. And
accordingly in all Indictments of Treafon, when any intend or compafs mor-
tcm & deflruflionem Domini Regis (which muft needs be intended and under-
flood to be of his Natural Body, for his Politick Body is Immortal and not
fubjeCt to Death) the IndiCtment always concludeth with contra Ligeantia fu<c
debitum, contrary to the Duty of their Allegiance ; and therefore Ligeance
is due to the Natural Body of the King. And Sir Edward Coke lays, this
Ligeance or Faith of the SubjeCt is proprium quarto modo, to the King (a
degree beyond the Grammarians Superlative) cmni,foli, & fcmper, to every
King; to the King alone, and always to the King. And it will be material,
and not contrary to Sir Edward Cokes meaning, to add thele words (de jure)
to every of his omni, foli, & femper. And fo Ligeance will be due (as it is)
to every King that is Co de jure of Right, to him alone that is fo ; and al-
ways to him that is King de jure of Right. Thereby every King de. fatlo,
and Ufurper will be excluded, and the greater fafety will be lecured to the
King, and to the SubjeCf too; for the Difherifon of the Right Heir of a
Kingdom is always wont to be the beginning of Civil Wars. But however
Sir Edward Coke omitted thofe words ( de jure ) yet his meaning was with-
out queflion the fame, as if thole words had been added, becaufe C. 7. 1 o. b.
he faith, that the King holdeth the Realm of England by Birthright, upon
which Succeflion is ever attendant, and in the fame place he faith, that the
King inindividuo moritur , but not in gen ere , which is as much as to fofay,
that
Advice to the Commons of England, &c. 51
that the Natural Body of the King is fiubjedt to Death, but the body Poli-
tick of the King dyeth not. And therefore the Death of the Natural Body
of the King is called, Flow. 2,34./*. the Demife of the King, becaufe that
thereby he Demifeth the Realm to another, and the Body Politick is transfer-
red from one Body Natural immediately to another Body Natural, that Right
hath 4 and that becaufe our Realm doth not admit of any Interregnum. Hence
it was that in the year of our Lord, 1660. at the very inftant ofhis late Sacred
Majefties mod happy Reftauration , all Charters, and Writings wbatfoever
were Written, Reputed and Efleemcd to be made in the Twelfth year of his
Reign, though that from 1648. to that time, he was injurioufly and wick-
edly, Deprived, Robbed, and kept out from his Inheritance of all his Regal
Rights of the Crown ("whereof he was the undoubted right Heir) by the late
Ulurpers.
Chap. X.
Herein you have an Heir defined, and divided, and is fhewed,
that the Right Heir of the Crown ought not, nor can lawfully
he Difinherited; that a Baflard ought not, nor can he Heir to
the Crown ; and further (omething is faid to the late Bill for the
Exclufion of the late mofl lliuflrious Prince James Duke of
York, now our Sovereign Lord, King James the Second.
NO W Sir Edward Coke in the Firfl part of his Inflitutes Fol. 7. b. faith,
that in the Legal underftanding of the Common Law, he is faid to be
hares , an Heir, that is, ex juflis nuptiis procreatus, for hares legittimus eft,
cyuim nuptia demonftrant , and is he to whom Lands, Tenements, or here-
ditaments by the A6f of God, and right of Blood do defcend of fbme Eftate
of Inheritance; for film deus haredem facere potefi, non homo , God alone
can make an Heir, not Man. And Heirs, are either Lineal, (who ever
fhall firft Inherit) or Collateral, (who are to Inherit for want of Lineal)
Lineal defcent is conveyed downwards in the right Line, as from the Grand-
father to the Father, from the Father to the Son, &c. Collateral defcent is
derived from the fide of the Lineal, as Grandfathers Brother, Fathers Bro-
ther, &c. Now in Mr. Sveinb. yth. parr, Fol. 289. he that hath IffueNatural,
but not Lawful, is faid to die without Iffue, and in fuch Cafe, the Fathers
Brother
Advice to the Commons of England, &c.
Brother (hall Inherit, and not the Iflue Natural of the Father, for fiich Ifiue
Natural in our Law is faid to be nullim flhts y no Mans Son; whence may
be Inferred, that no Mans Son {hall Inherit no Mans Land, much lefs a
Crown. And in the 2 3d. chap, of Deutercn. the 2 d. verfe is faid, a Bafiard
fmllnot enter into the Congregation of the Lord• even to his Tenth generation
Jhall he not enter into the Congregation of the Lord. And 10. H. 7. 18. it is
faid, that Rex efi perfona mixta cum facer dote, quia tarn Ecclefaficam, quant
temporalem habet jurifdifficnem, The King is a perfon mixt or participating
with the Prieft in the Priefthood, becaufe he is faid to have Ecclefiaftical
Jurifdi&ion, as well as Temporal. And Sir John Fortefcue, Fol. 95-. a. b.
faith, that iC is convenient, that Mans Law in the benefit of Succeflion
fhould cut them fhort; whom the Church judgeih unworthy to be received
into Holy Orders; yea, whom Holy Scripture judgeth (as touching their
Birthright) inferior to the Legitimate, or Lawfully Begotten; as we read
(in the 2 qth. chap, of Gen. y,and 6th. verfes) Abraham gave all his Inheri-
tance to his Son Ifaac ; and to the Sons of his Concubines he gave Gifts.
And again in Mr. Swinb, part fth. Fol. 17. is faid, A King may (ex pleni-
tudine potefiatis) make his unlawful Iftue capable of whatfoever by Will de-
vifeable he doth give or bequeath unto him. But Mr. Vloivden faith, 247.
a. b. It is an evil or unlawful thing to Difinherit the Right Heir. And Mr.
Swinb- in his 2 d. part, Fol. 118. faith, that by the Civil, Canon, and Com-
mon Laws alfo of this Realm of England ; It is unlawful tor a King to give a-
way his Kingdom from his Lawful Heirs. However, we had lately a Houfe of
Commons, or rather a Major part of them, that had framed a Bill for the Ex-
eluding and Difabling the then moft Illuftrious Prince James Duke of York,
now King James the Second,for ever,fromPoffeffing,Having, Holding, Inhe-
riting, and Enjoying of the Imperial Crowns of this Realm and Kingdoms. It
was a Prefumptuous Bill for the Excluding of the Prefumptive Heir of thefe
Crowns. However, it was refufed by the Lords Houfe, and fb could not be
offered to his late Majefty, for his Royal Aficnt to make it a Law.
Havemeexcufed for faying it was a Prefumptuous Bill; Matters of thatna-
ture have been in times paftefteemed fo; in ^q°.Eliz,. WSa.VeterWentivcrth,
and Sir Henry Bromley , delivered a Petition to the Lord Keeper, defiring the
Lords of the Upper Houfe;, to be fuppliants with them of the Lower Houfe
unto her Majefty, for entailing the Succeffion o( the Crown, whereof a Bill
was ready drawn: the Queen was highly difpleafed herewith, and charged
her Council to call the Parties before them; fo Sir Thomas Heneage was lent
to fetch them, they were firft commanded to forbear going to the Houfe, and
not to go out of their feveral Lodgings, afterwards they were called before
the Lord Treafurcr, the Lord Buckhurff, and Sir Thomas Heneage; Went-
worth
Advice to the Commons of England, &c. 35
worth was Committed to the Tower, Bromley to the Fleet, together with Mr.
Stevens , as alfo Mr. Welch Knight for WorceJler-Jhire ; and yet it was then
thought no Breach of Priviledge. They that meddle with this matter of the
Succeffion to the Crown, do not only trench upon the Power and Priviledge
of Almighty God, who(astbe Prophet Daniel tells us in his ^th.chap.jh the
mod High that Ruleth in the Kingdom of Men, and giveth it to whomtoever
he will} but alfo we have found by woful experience, that they Pi sevaricate
with the King himfelf, for in the very word (King) is included all Succeffion ;
fb that where a Guift is made to the King, a Fee-fimple paffeth without the
words (cither of Heirs or Succeffors or both) as may be feen C. In ft. i. part 9.
b. and in the fame Book, Fol. ax. b. is faid, a Man cannot have an Heir
during his Life, for non eji hares viventis. And Mr. Plowden 45". b. faith, no
Heir hath Right or Title till after the Death of his Anceftor, that hath the
Inheritance (be the Heir either Lineal or Collateral) and not in his Life: and
this is, becaufelet all the provifion imaginable by Man, nay by a Parliament
be appointed ; yet the fame, by the death of the Preffimptive Heir, or Heir
apparent in the Life time of the Anceftor, by the Adt of God, not other-
wife may, and can be difappointed. And Anciently, and now alfo, (as in
C. 8. 28.) it is held, That Princeps corufcat radiis Regis, & eenfetur una
perfonacum Rege, the Prince is enlightned and made fplendid by the fhining
brightnefs of the King, and is efteemed to be one and the fame Perfbn
with the King. And as in Braflon cited by Stanf. 99. b. Since nihil
aliud potejl Rex interris (cum fit Dei Minijter & Vicar ins") quam quod de jure
poteft, it a quod potefias juris, fua eft, non injuria, &c, becaufe the King (as
he is Gods Minifter and Vicegerent) can do nothing upon the Earth, but
what he may do by Law, fb that the Power of Equity and Juftice, not of
injury, and Injuftice, is properly faid to be his Power. Therefore his late Sa-
cred Majefty, (not being minded to Calm the Stormes of fome difcontented
Spirits, by ftirring up a Tempeftin his own Bofom) was pleafed (at the
opening of the late Parliament at Wejlminfier ,) to fignifie to the TwoHoufes,
that he defired them to preferve the Succeffion of the Crown in the right Line,
and withall intimated to them, that he would give his Royal Aflcnt to any
Laws they fhould devife or make for the Security of the Proteftant Religion,
as ic is now Eftablifhed by Law in the Church of England, or to that Effe&;
but we are living in face feculi, in the very Dregs, and the very laft and worftof
Days; we are Jealous again of our ownfhadows, nay wemiftruft Gods Pro-
videnceand Prote&ion ; and the Kingdom again is like to be ruined by fecret
Plots and Machinations. We have for many years (by the wonderful Pro-
vidence of God) been delivered from the Slavery and Superftition of Popery.
And yet nothing is now more feared, than the Introduction and Publick ex-
F ercife
34 Advice to the Commons of England, &c.
ercife of Popery again in thefe Kingdoms. Although -as King James the
Firft the Royal Grandfather of our gracious Soveraign Lord King James the
Second, in his firft Speech to his firft Parliament, next after his Advent to the
Crowns of England and Ireland, did declare that it was then our happinefs,
that our Head (meaning himfelf) was of the fame Religion, that the Body
w&s of! and that as he was no ftranger to us in Blood, no more was he a ftran-
ger to us in Faith, or in the matters concerning the Houfe of Godfb like-
wife his Sacred Majefty (whom God long prefcrvej in his firft Speech to his
Privy Counfel, next after his firft Advent to the Crowns of Great Brittain
and Ireland, hath been Gracioufly Pleafed to Declare, that he will do his ut-
moft endeavours to Preferve and Defend the Government in Church and State,
as it is now Eftablifihed by Law in his feveral Realms and Dominions. And
befides divers other undeniable Arguments might demonftrate, that his late
Sacred Majefty, or his dear Royal Brother, now King James the Second, ne-
ver intended in their Imaginations the leaft thought to make any alteration
of the Proteftant Religion (as it is Eftablifhed by Law) in the Church of Eng-
land j that further happy alliance of Marriage contracted and Confummated
between the Eldeft Daughter of his Royal Majefty and the moft Illuftrious
Prince of Orange ; And a later Marriage contracted alfo and Confummated
between his Younger Daughter, and the moft Illuftrious Prince George of
Denmark-, moft clearly confirms the reality of their intentions herein: by
which Nuptial engagements, it appears further, that their joint endeavours
have been, not only to defend, uphold, and maintain a bare profelfion there-
of in thefe his Majefties Dominions, but alio to enlarge and corroborate it
abroad, as much as lyeth in their Power. Do we not know, that when a
Proteftant Prince is to intermarry with a Forreign Princefs of the Catholick
Religion, what great care and provifion is made by the Parents or Friends on
either fide , by Articles made, and confirmed by fome Minifters of State, e-
qually choftn and imppwered for the purpofe of her having a fet number of
Priefts, and other Minifters and Servants of her Judgment and Profeflion j for
the due Adminiftration and Execution only of fuch Rites and Ceremonies, as
are proper for her having and enjoying that Freedom and Liberty that is
agreeable to the Rule of her Confidence, in that Religion wherein fhe hath
been born and educated ? And (I pray) in the time of his late Sacred Majefty
(by whom the true Proteftant Religion was profeffed, that by Law is Efta-
blifhed) w r hy might not fome wholefome Law or .Laws have been made by
the great Council the Parliament, for .the prevention of the extirpation of
the Proteftant Religion, and the letting afide-thofe Idle and Aiery jealoufies
of the Maflacre of the true profeflors thereof after his Demifie or Death ?
But alas! I fear I am miftajcen in, or do not put the queftion right j there are
divers
\
Advice to the Commons of England, &ci 3 j
divers Se&s, and not Religions, fuch as are called Presbyterians, Anabaptifts,
Independents, Quakers, and I know not how many forts of Novelifts amongft
us, (that had not only their Birth and Produ&ion, but alfo their full growth
in the late times of Ufurpation and Rebellion) who (though they differ in
judgment amongft themfelves) yet in this (as formerly) they are all ftill
agreeing that if they had but the opportunity, they would all fhake hands,and
join together in being againft the Kings Supremacy in Church and State,
as much, if not more, than the Papifls. For thefe feveral forts of Sects, do
not fo much differ from us in points of Religion, as in their confufed form of
Policy and Parity, being ever difcontented with the prefent Government,
and are impatient to fuffer any Superiority, which maketh thefe Setfts unable
to be fuffered in any well governed State or Kingdom. But if we take into
ferious confederation, that it is above Forty years fince the kite times of Re-
bellion, .and that every Individual perfon now living, and that hath fince at-
tained to the Age of Fifty years, or thereabouts, were then Children,
and had not the difcretion to difcern or put a difference between good
and evil, if we confider the great changes, and mighty revolutions, the
Metamorphofis, and Tranfpofition of all things, in point of Government
then; and afterwards in time, till his late facred Majefties raoft happy Re-
ftauration; then all thefe Sedts or moft of them, I hope, will be ready to con-
elude with me, that they did not, nor could know better becaufe that in
their Youth, in ftead of better, and more wholfome nutriment, they fucked
in, were nurfed, and educated in thofe bad times upon Venomous and Rebel-
lious Principles.
J$uo femel eft imbuta rteens, fervabit odorem Horace.
Tefta, din, &c.
Accordingly, what Children have been inftru&ed or Grammard in,
in their Youth, it is hard for them to leave in their Old or Elder years: fbme
of thefe feveral Se&s do'ftill retain their firft drunken in Liquor, upon a cer-
tarri fhamefacednefs to be thought curious,or changeable; others of them (that
are more Willful and Obftinate) will not be reformed, becaufe contrary to
St. Pauls advice, Rom. 12.1 6. they are wife in their own conceit, and will
not be informed.
CHAP.
g6 Advice to the Commons of England, &c.
Chap. XI.
Sheweth that Ignorance oj the Law will excufe none, and that
therefore all Dijfenters to the Government in Church and State,
are advifed to Conformity.
IT is horrible, that St. Taul faith, they that refifl fall receive to them-
[elves Damnation , Rem. 13.2.. I piety them therefore, and wifh chari-
tably their convertion. 1 do not Condemn, yet can do no lefs than fhew
them their Peril. Ignorance of the Law exculeth nor, but it be invincible,
(that is to fay) they have done that in them is, to know the truth ; as to coun-
fel with Learned Men, and to ask them what the Law is in that behalf, and
if they anfwer them, that they may do this or that Lawfully ; however they
may thereby be excufed in Confcience, yet in Mans Law (faith St. Jermin
Dr. and Stud. 46. al) they are not thereby difcharged, but they that have
taken upon them to have knowledg of the Law: be not excufe by ig-
norance of the Law: nay/ no more are they that have a Willful Ig.
norance, and that would rather be Ignorant than to know the Truth,
and therefore will not difpofe themfelves to be informed, or to ask any
Counfel in it; and if it be a thing that is again It the Law of God, or
the Law of reafon (as the matter of Obedience to the Magiftrate
Supream and Subordinate is) no Man fhall be excufed by Ignorance. And
the fame Author Fol. 146, 148. faith, that Ignorance in the Law, though it
be invincible, doth not excufe as to the Law; for every Man is bound at
his Peril to take knowledg what the Law of the Realm is, as well the Lav/
made by Statute, as by the Common Law, giving for reafon, that there is
no Statute made in this Realm, but by the AfTent of the Lords Spiritual and
Temporal, and of all the Commons (that is to fay) by the Knights of the
Shire, Citizens, and Burgeffes, that be chofon by Affent of Commons;
and every Statute there made, is of as ftrong Eflfedl in the Law, a&
if all the Commons were there prefent perfonally at the making there-
of-: and fo fince all were makers of the Statute , the Law prefumeth
that all have knowledg of that, that they make, and are bound at their Pe-
rils to take knowledge of the Statute that they make : and fo be all that come
after them. And Mr. Tlowden y Fol. 343. a. faith, that Ignorance of the Law
is not to be prefumed to be in a Subject, and that therefore Ignorance of the
Law
Advice to the Commons of England, t §c. 37
Law fhall excufe none. Therefore let all of the Se&s aforefaid, who through
Curiofity, affedtation of Novelties, want of better Education in their Youths,
or that they will not yet fuller themfelves to be weaned from the good
Old Caufe (as it was called in the late times of Rebellion) let them all make
haft to come over, and joyn with us in the fame way and VVorfhip of God ;
and let them be more careful how they are for the future Factious,ftirrers of Se-
dition, and difturbers of the Publick Peace. All of all forts, have had ample
proof of his late Sacred Majefties gracious Favour, Mercy, and Amnefty
fince his coming: yet fome good Old Caufe Men (none will deny but Wal-
cot and Rumbald were fuch)and others of Wicked, and Traiterous principles,
lately contrived, and Plotted Barbaroufly to Murder his late Gracious Ma-
jefty, and his dear Royal Brother, fince our Lord the King, and then the
moll Illuftrious P. J. D. of York ; and inftead of the bed Government in the
whole Chriftian World, to have introduced a Hexarchy or a Government by
Six; whether joyntly or feparately is not much material to enquire. AH
perfons in general within the Three Kingdoms, are infinitely bound to praife
God, for the prefervation of the Lives of his late Sacred Majefty, and his
dear Royal Brother our Soveraign Lord ; and for the timely difeovery of
their Wicked and Hellifh defigns and Machinations, that threatned not only
the alteration of the Government in Church and State; but.alfb then was
by defigned and forethought malice purpofed, and intended the expence
of the Royal, and all Loyal Blood. And (God give us all Grace to be thank-
ful) feme only that were to have been the Malitious Authors, and infti-
gators of its Effufion; have therefore fuffered according to Law, and
their Wicked and Willful Obftinacy hath been corredted by the Magiftrate:
and by Gods great Goodnefs and infinite Mercy, his late Sacred Majefty his
dear Royal Brother now King James the Second, and the publick Peace of all
the Three Kingdoms are preferved in peace and fafety; and under his Sacred
Majefty, as under a goodly Cedar Tree of full growth, irremovable not to be
otherwise, or other where, fet, planted, or fupplanted, all his Subje&s fit fe~
cure and are prote&ed.
CHAP;
58
Advice to the Commons of England, &c.
Chap. XII.
Sheweth that all Subjefls owe true Ligeance to their So-
veraign, though they never were, or ever (hallle Sworn to the
fame; and is Jhewed the diverfity between Enemies, and Rebels,
then all are advifed from Rebellion, and is Jhewed that the King
hath no Peer, and therefore cannot he judged by hie Subjetts for
his Attions.
ILlafa fit Majefias Regis , let the Majefty of our King hereafter be free
from all hurt and injury, either in our thoughts, words, or deeds. And
fince you have heard, not only cui,fed qttomodo, debetur Ligeantia, not only
to whom, but alfo in what manner your Ligeance is due unto the Natural
Body of our Lord the King,(which is always,at all times,and in all places, ac-
companied wiih the Body Politick, and cannot be disjoyned or feparated,
from the lame) you are likewife to underftand, that this Ligeance doth not
begin by the Oath in the Leet-, or elfewhere; and that the Swearing
in the Leet, or ellewhere; maketh no denization. For all Subjects
owe true Ligeance to their Soveraign , though they never yet were,
nor ever, fh^ll be Sworn in the Leet; only that the King may have
an account of his Peoples Frank pledg for their due Obedience, and Sub-
je£tion within thePrecin& of every Leet; the Municipal Laws of this Realm
have prefcribed the Order and Form of this Oath of Allegiance to be admi-
niftred at or in the Leet. All Subjects are Born under this Natural Ligeance,
Aliens and Strangers only are properly faid to be amki, or inimki, to be in
League with us, or to be Enemies to us. Hofies funt qui nobis; vel quibus,
nos bella decermmus; ceteri proditores, pradones, &c. They are Enemies, a-
gainft whom our King Proclaimeth War, or who Proclaim War againft
our King; all others are Traitors, Rebells, Thieves and Robbers. A Rebel
is to be Indicfted, but an Enemy is to be put to death by Marlhal-Law. Now
as outw^d Peace is a great Blefling, yet is it as far inferior to Peace within,
as Civil Wars are more cruel and unnatural than Wars abroad; for avoidance
whereof,let all in general refufefo much as to harbour in their thoughts,that de-
teftable and long fince exploded opinion, that levyingof War againft the Com-
mand of the King, though his perfon be prefent,is no levying of War againft
the
Advice to the Commons of England, <&c. $9
theKing;but the levyingof War againft his Politick Perfon, and Laws, tha*
is the only levying War againfl: the Tfing. Admit of this damned Thefis o r
Pofition , then we are all prefently fellows at Footbal; and Ove r
Millc will prefently be as good as Swafey Cream: and whatever gets
uppermoft , will be King. In the time of Edward the Second about
400 years fince, this reparation of Soveraignty from the perfon of the
King, and manner of abftradfing the Perfon of the King from his
Office, was found out by the Two Spencers, the Father and the Son ; who
to cover their Treafon, invented this damnable opinion, that Homage, and
the Oath of Allegiance, were rather by reafon of the Kings Crown, than
his Perfon: upon which (as may be feen in C. 7, ii.a.b.) were inferred
thefe Execrable Confequences, Firft, If the King did not demean or behave
himfelf well, his Liege People were bound by their Oath to remove him.
Secondly, Becaufe the King might not be reformed by fuit of Law, that
ought to be done by afperty. Thirdly, That his Liege People are bound to
govern in aid and default of him. All which deteftable opinions were then con-
demned in two Parliaments, the firft was by an Adt made in the time of Ed*
ward the Second, called E xilium Hugonis De Spenser, the Banifhmentof Hugh
Spencer ; the laft was by an Adt made in the Firft year of Edward the Third
the firft Chapter. Let all take notice, that by the Laws of our Re^lm oi
England, all Power, Soveraignty, Homage, Allegiance, and Subjediion is
commanded and required, as properly due to the Natural Body of the King.
And that therefore it was faid byGlanvil (who was Chief Juftice in the time
of Henry the Second) Dominus Rex nullum habere potefl par cm, mult 0 minus
Superior em, Our Lord the King can have no Peer or EquaJ, nluch left .can
he have any Superior within his Realms or Dominions. And BraElon (qui
fub Henrico tertio vigtnti annos fummifufticiarii munere defuntlus eft, that for
Twenty years together was Chief Juftice in the time of Henry the Third)
faith, that Omnis quidem fub Rege, & ipfe fub nulla, nifi tantum fub deo, eve-
ry Man is under the King,and he is under none but God alone. And Non poteft
Regi neceffttatem, aliquts imponere, quod injuriam fuam corrigat, & amendet 5
cum fuperiorem non habeat nifi deum, & fatis erit ei ad panam quod Dominum
expeElet ultorem, nor (faith he) can any Man put a neceffity upon the King
to corredt and amend his injury, unleft he will himfelf, fince he hath no Su-
perior but God ; it will be fufficient punifhment for him to expedt the Lord
for his Avenger; neither hath he hereby other Priviledge, than what by God
Himfelf is given to Kingly Majefty (as may be feen in the 8 th. chap, of Ec-
clefiaftes, z, g, and \th. verfes) I Counfel thee to keep the Kings Command-
ment, and that in regard of the Oath of God: be not hafty to go out of his fight •
ft and not in an Evil thing, for he doth whatfoever pleafeth him; and where
40 Advice to the Commons of England, &c.
the Word of a King is , there is Tower-, and who may fay unto him, IVhat
doefi thou? Yet I obferve that once heretofore, the Miter may be faid Saw-
cily to have Oretopped the Crown, in the roth, year of King Henry the
Eight, we read in Mr. Howes Chronicle Fol. ^i. that the Kings Mar-
riage came on to be argued in open Court at the Black Fryers ; then the
King and Queen were Summoned andAfcited to appear; but there may be
feen, what the opinion of wife Men in thofe times was thereupon; which
was, that it was a ftrange fight, and the neweft device that ever was read, or
heard of before in any Regiop, Story, or Chronicle, a King and Queen to
be conftrained by Procefs compellatory to appear in any Court as Common
Perfons, within their own Realm and Dominion; to abide the Judgments
and Decrees of their own Subjedfs, being the Royal Diadem and Preroga-
tive thereof. However this was the lefs wonder then, becaufe the Pope did
then fend as Legate into England , the Cardinal Campejus , to debate the Con-
troverfie delegated to him, and the Cardinal of York, for the publication of
the invalidity of the Kings firft Marriage; at the inftance of the King him-
felf 3 as may be feen in Guicciardin' s Hiftory, Fol. 75-6. But as we may fee
in Stanf. 153. a. The King of England hath no Peer in his own Land,
Realm, or Dominion, and therefore he cannot be Judged, or called to ac-
count for his A&ions by his People. Nay! it may be there feen, that Par-
liaments are Aflembled for the profit of the King and his People; and the Peo-
pie are Summoned thither by the Kings Writ, ad confulendum, non ad
confedendum Jolum, multo minus ad fuperfedendum , to confult of the certain
difficult matters, &c. not only there to Sit together, much left to Sit upon
their Lord the King in Judgment.
GH AP
4
>
Advice to the Commons of England, &c.
G H A P. XIII.
Sheweth that no Abiion lyeth againjl the King, hut in place there-
of Petition wujl be made unto him ; and that ffdue circum-
fiances obferved ) the Subjebl fhall have his remedy againjl
the King by way of Petition , as readily as one Subjbi may
recover againjl another Subjebl by way of Attion in any of
the Kings Courts : for that all his Majejlies Subordinate
Officers are Sworn to do fufiice between the King and his
Subjects, which if they do not, they are Anfwerable for the
injury, not the King.
IT is laid, C. n.jz.a.h. That the King being the Lieutenant of God,
folttm hoc non potejl facere; quod rion potejl injufie facere, which is agree-
able to a Maxim in our Law, that the King can do no wrong ; therefore,
as we may fee in Mr. Stanford, prer. jz.b. In place of Adtion againft the
King, (for the dignity of hisPerfon) Petition muft be made unto him in the
Chancery, or in Parliament; for no Adtion did ever he againft the King at
the Common Law, but the party is driven to his Petition, which is all the
remedy the Subjedt hath, when the KingSeizeth his Lands, or taketh away
his Goods from him, having no Title by order of his Laws fo to do. And
this Petition is called a Petition of Right, becaufe of the Right the Subject
hath againft the King,by the Order of his Laws to the thing he fueth for by Peti-
tion. And it may be fued as well in the Parliament,as out of the Parliament,and
if it be fued in the Parliament, then it may beEnadiedand pafledas an Adtof
Parliament, or elfe to be Ordered in like manner as a Petition that is fued out
of Parliament: And fuit oy Petition can be to none other than only to the
King, for no fuch fait fhall be made to the Queen, the Confort of the King,
or to the Lord Prince; for thefe Perfonages have no fuch Prerogative. Fur-
ther plainly (hewing and declaring the manner of fuing by Petition, and
where, and in what cafes it lyeth , and where not; and that (due circum-
ftances obferved by him that fueth by Petition J he may afterwards enterplede
with the King; and (if caufe be for the fame) the Subject fhall have right
done him, and fhall have reftitutionof that he fueth for by Petition, as readi-
G ly
4^ Advice to the Commons of England, & c.
1 y as one Subject may recover againft another Subjedl in any of the Kings
Courts. For the King of England hath all Subordinate Offices in him to
grant, but none in him to ufe himfelf; and all his Subordinate Officers, Mi-
nifters of State, and fuch as do occupy Judicial place?,and others, even from
thofe of his Majeffies Privy Counfel, to the Petty Conftable, at their ad-
mittance to their Offices, are Sworn by meet Forms of Religious Atteftations,
or Oaths, for their juft and upright Execution of the fame between
the King and his Subjedls; meaning thereby nor only to let God before their
Eyes (whom by fuch Oath they call to Witnefs of their promife, and call
upon for revenge of their fallhood) but alio they are thereby threatned with
temporal peins, provided by the Policy of Chriftian Laws againft corrupt
dealings; and thereby their minds are (Lengthened, and they are Armed with
Courage againft the force of humane affedlions, which otherwile might al-
lure or draw them to partiallity, and out of the way of right Judgment
and Juftice. And the King (as is faid Ploys, i^i.b. neither gives, nor takes,
but by matter of Record; and therefore ( Livery of Seizin being matter in
Deed) the King ought not to do it, for he ought to have a Record for his
therefore the King ffiall neither make Livery, nor take by Livery,and
a Subjedl may not give Lands to the King by Adl Executed in his Life
time, if not that it be by Deed Enrolled, or other matter of Record. So
that feeing the Kingmuft have a Record for his Adts, and that the fame are
had and obtained by his Subordinate Officers, if any thing be done in pre-
judice of the Subjedl, his Officers are anfwerable for the fame, not the King.
And aifo C. n. 90. b. an Officer or Minifter of the King may do nothing
in difadvantage of the King, nor of the Subjedi; by reafon Publick Officers
are at their admittance to their Publick Offices and Imployments Sworn,
Well and Lawfully to ferve the Lord the King, and his People ; and that
Lawfully they-ffiall Counfel the King in his bufmefs, and that they ffiall not
Counfel, nor Affientto any thing which ffiall turn him in dammage, ordiffie-
rifon by any manner, way, or colour; and that they ffiall do equal Law
and Execution of right to all his Subjects, Rich and Poor, without having
regard to any Perfon, as may be feen in Mr. Pultc Statutes at large, 1 8 th.
Edward the Third, in the Oath of the Juftices, and the Oaths of the Clerks
of the Chancery, &c. And Stanford 59. a. The King is faid to be alwaies
prefent in Court, and if the Parties in pleading, or any Jury in their Ver-
didl, difclofe matter that entitleth the King, and the Court ffiall adjudge for
the King; though that he is not any of the Parties to the Adtion.
CHAP.
Ad-vice to the Commons ^/England, &c. 4$
1
Chap. XIV.
Sheiveth what inconveniencies happen in the Realm of France,
through Regal Governmeut alone, with the Commodities that
proceed of the joynt Government Politick and Regal in the
Realm of 'England. And all the Community are herein dif-
fwaded by mutinous and Rebellious prattifes to Difnfranchife
themfelves.
IN Sir John Davyes rep. Fol. 40. b. it is faid that the Kings of England
have always claimed and had within their Dominions a Monarchy Roy-
al, and not a Monarchy Seignioral, or Tyranny, and that under a Monarchy
Royal, the Subje&s are Freemen, and have property in their Goods j and
Freehold and Inheritance in their Lands: but under a Monarchy Seignioral
or Tyranny,- they are all as Villainsor Slaves, and are Proprietors of nothing,
but at the will of their Grand Seignior or Tyrant, as in Turkey and Mofco-vy.
But Sir John Fortefcue , Fol. 25, &c. faith, That the King of England can-
not alter or change the Laws of his Realm at his pleafure; for that he Go-
verneth his People, not by power only Royal, but alfo Politick, and luch
King Ruling by Power Royal and Politick, can neither change Laws with-
•ut the confent of his Subjedb, nor yet charge them with ftrangeimpofitions
againft their Wills, lo that to Rule the People by Government Politick, is
no Yoak not only to the Subjedt, but to the King himlelf, accordingly within
the Realm of England, no Man Sojourneth in another Mans Houle, with-
out the love and leave of the good Man of the fame Houle, faving in Com-
mon Inns, where before his departure he lhall fatisfie, and pay for all his
charges there, neither lhaU he efcape unpunilhed whofoever he be, that taketh
another Mans Goods without the good will of the owner thereof • nether is
it unlawful for any Man to provide and ftore himlelf of Salt, and other
Merchandizes and Wares, at his own will and pleafure, of any Man that lei-
leth the fame; neither doth the King take away any of hisSubjedh Goods with-
out due latisfacfion for the lame ; neither doth the King by himlelf, or his
Servants and Officers, leavy upon his Subje&s, Tallages, Subledies, or any
other burdens, or alter their Laws, without the exprels confent and agree-
G a ment
44 Advice to the Commons of England, &c.
mcnt of the whole Realm in his Parliament. So that every Inhabitant of the
Realm ufeth and enjoyeth at his pleafure all the Fruits that his Land or Cat-
tie beareth,with all the Profits and Commodities which by his own Travel, or
by the Labour of others, he gaineth by Land or by Water; not hindered by
the injury or wrong detainment of any Man, but that he fhall be allowed rea-
fonable recompence. So that the People of England are plentifully furnifh-
ed with all things, that are requifite to the accomplifhment of a quiet and
wealthy life, according to their Ettares and Degrees; neither are they fued
in the Law, nor arc Arretted or Impleaded for their Moveables or Poffeiiions,
or Arraigned of any offence Criminal but only before ordinary Judges, where
by the Laws of the Land they are juftly intreated. And the/e are the Fruits
which Government Politick and Regal conjoyned doth bear and bring forth.
But in the Realm of France (where the People are Governed by Regal Power
alone) the Villages*and Towns are pettered with the Kings Men at Arms,
and their Horfes, lo that it is hard in any of the great Towns there to get any
Lodging; which Men at Arms, though they continue in one Village a
Month or Two, do nor, nor will pay any thing at all for their own charges,
or for the charges of their Horfes, and when they have fpent all the Victuals,
Fuel, and Horfe-meat in oneTown, then they go to another Town, watting
the fame in the like manner, not paying one Penny for any neceffaries; and
thus are all the Villages, and Unwalled Towns of the Land ufied, lo that
there is not the leaft Village there free from this miferable Calamity, bur that
it is Once or Twice every year beggered by this kind of pilling. And the
King there fuffereth no Man to Eat Salt within his Kingdom, except he
buyeth it of the King at fuch price as it pleafeth him to Affefs: and if any poor
Man had rather Eat his Meat frefh, than to buy Salt fo exceflively dear, he
is immediately compelled to buy fo much of the Kings Salt at the Kings price
as fhall luffice fo many Perfons as he keepeth in his Houfe. Moreover all
the Inhabitants of that Realm , give yearly to the King, the Fourth part
of all the Wines that their Grounds beareth, and every Vintner, the Fourth
Penny of the price of the Wines that he felleth; And befides all this, every
Village and Borough payeth yearly to the King great Summs of Money at-
fefled upon them, for the Wages of Men at Arms; fo that the charges of the
Kings Army (which is ever very great) is maintained by the poor People of
•the Villages, Boroughs and Towns of the Realm ; and (chele things not con-
ffdered) other exceeding great Tallages are yearly Afleffed upon every Village
of the fame Realm to the Kings ufe, whereof they are no year releafed. And
the People being with thefe and divers other calamities plagued and oppreffed,
do live in great mifery" and thraldom; for there the Princes pleafure ftandeth
in force of a Law, fb that by reafon thereof their Kings at their pleafure
change
Advice to the Commons of England, &c. 45-
change Laws, make new Laws, Execute Punifhments, burden their Subjects
with charges, and alfo when, and as themfeives lift, they do determine con-
troveffies of Suitors as pleafeth them. I have fhewedycu hereout of Sir John
Fortefcues BookDe laudibits legum Anglta. (For every fober Man would judge
me, or any other a Mad-man,that fhould Write of Matters of this nature, with-
out good and warrantable Authority lor that is Written) what inconveniencies
happen in the Realm of France through Regal Government alone, with the
Commodities that proceed of the joynt Government Politick and Regal in the
Realm ol England', that being hence inftrudted with the experience of both
Laws, we may the better by their effedfs Judg whether ol them we ought
rather to choofe; for that, Oppofita juxta fe pojita magis elucefcunt , contra-
ries laid together do the more perfedlly appear. It is, and hath been held ta
be one of the principles of Policy in France to keep the Peafan (which is the
Grofi of the People) Hill indigent and poor, becaufe they are of fuch a vola-
til inftable Nature, that if they were Rich and Fed high, Wealth and Wan-
tonnefs would make them ever and anon to be kicking againft Government,
and crying out for a change. The Old Cavalier now again takes leave to look
Backward, and to put this Queftion to all the Commons of England (for it is
only to them he directs this his Difcourfe, he may be taken notice of, not to
have prefumed to take upon him, to Advife the King or any of his feveral
Counfels) whether all the People of England (comprehended under the no-
tion of the Community, or ftile or name of the Commons of England ) have
not been for Threefcore years laft paft and upward of as volatil, and inftable
a Nature, as ever the Grofs of the People of France are, were, or poffibly
could or can be ? I muft Anfwer in the Affirmative, that the People of Eng-
land in this latter Age have been very changeable, always endeavouring to
promote alteration in Church and State ; and fo in the late times of Rebellion,
they changed Peace for War, and confequently all the miferiesand fad effedfs
thereof were laid open to their Eyes; their Goods were fpoiled, their Chil-
dren Slain, their Wives and Daughters Raviffied,their Cattle driven away, and
themfeives made miferable fpeffators to behold their own unhappinefs ; and
though what by deftiny was decreed, Man could not prevent; his lateSacred
Majefty was Miraculoully reftoredtohis Realms and Dominions; yet (fill ('by
reafon of variety of Opinions lodging in various, particular individual Perfbns
Breafts, differing amongft themfeives) the fub'vertion and alteration of the
Government (none will deny) hath again been menaced and threatned; and
a perfon Good-enough for fo Wicked an undertaking, was imployed with Let-
■ters, Legations and Meffages, to invite and defire the Aid and Affiftance of
our dear Brethren the Scots, Ayming again to have fubdued all to their own
Will and Power; under the Old difguifes of Holy Combinations, in the fame
46 Advice to the Commons of England, &c.
manner as heretofore, by Solemn League and Covenant, or otherwife how-
foever. But my good Brethren of all the Community within all his Majeflies
Realms and Dominions, feeing that as free born Subjects by Birthright, we
are Entitled to all thofe Fruits, and Priviledges, Government Regal and Po-
litick conjoyned beareth, let us take care for the future, that by Mutinous,
Difbbedienr, and Rebellious pradtifes, we do not Frenchifie, and Difinfran-
chife our felves; knowing that he that is free, and voluntarily runneth into
Fetters, is a Fool, and whofoever becomerh Captive without conftraint, may
be thought either willful or witlefs.
Chap. XV.
Sheweth how tender this Government Politick and Regal conjoyned
is of the fafety of the Kings Perfon, and of all his Royal Rights
and Prerogatives. And that our Law doth not rejell Women or
Infants in the high point of the Defcent of the Crown; and that
our King holdeth immediately of God to himfelf, and acknow-
ledgeth no Prince on Earth his Superior.
NO W as GovernmentPolitick and Rega Iconjoined is tender of the prefer-
vation of the juft Rights of the Communalty; and this Communalty
without a head can in no wife be faid to be corporate,fo in likewife we are to
underfland, it is as tender and curious, in the prefervation of the Royal Rights,
Priviledges, and Jurifdidfions, and Prerogatives of the Chief Head, and Su-
pream Ruler of this Body Myfticai, which is the King, or Queen of thefe
Kingdoms. For in this high point of Defcent of the Crown. Our Law doth
not reject Women, tho Women are commonly faid to be fuch, whom Nature
hath made to keep home, to nourifh their Family and Children, and do not
meddle with matters abroad, nor are to bear Office in a City or Common-
wealth,no more than Children and Infants jyet in fuch Cafes,wherein the Au«
thority is annexed to the Bloudand Progeny, as in the Defcent of the Crown ;
there the Bloud is refpedfed, not the Age, nor the Sex: and fuch a one is
called an abfolute Queen, which hath the Name not by being Married to a
King, but by being the true, right and next Succeffor, in the Dignity, and
upon whom by Right of Bloud that Title is defcended. Thefe (1 fay) have
the fame Authority, though they be Women or Children, in thefe our King-
Advice to the Commons of England, &c. 47
doms, Realms, or Dominions, as they fhould have had, if they had been
Men of full Age. For the Right and Honour of the Bloud, and the Quiet-
nefs and Surety of the Realm, is more to be confidered than either the ten-
derAge, as yet impotent to Rule; or the Sex, not accuftomed (otherwife) to
intermeddle with Publick Affairs, being always by common intendment un-
derftood , that fuch perfonages never do lack the Counfel of fuch Grave
and Difcreet Men, as be able to fupply all other defedts. Now we are
to underftand, that our Nation hath not ufed any other general Authority,
neither Ariftocratical, nor Democratical, but only the Imperial Monarchy, or
the Royal and Kingly Majefty; which Anciently and at the very Firtt (as
in the time of the Heptarchy) was divided to many and fundry Kings, each
ablolutely Reigning in his Country, none under Subjedlion of other, tillfob-
ferve) by Fighting one with the other, (the Overcomed always falling to the
Augmentation of the Vanquifher and Overcomer) at laft the Realm of Eng-
land grew into one Monarchy; neither one of thele Kings, neither he who
iirft or at the laft had all, took any inveftiture at the Hands of the Emperor
of Rome, or of any other Superior or Forreign Prince ; but (as may be feen
in the Statute of 16th. Rich, the Second, chap, ^thl) held immediately of God
to himfelf, acknowledging no Prince on Earth his Superior, and fo we are to
take notice, it is kept and holden at this day; and we may fee that by a Sta-
tute made in the 1 %th. Car. idi. ca. 1. That if any during the Life of the
King Majefty, fbull within the Realm or without, Compafs or Intend the
Death, or Bodily Harm, Imprifonment or Reftraintof the Perfon of the King,
or to Depofe him from the Kingly Name of the Imperial Crowns of his Realms,
orLevy Wars^gainft him,orftir up any Forreignerto a Forcible Invafion,and
fuch compaffings ftiall exprefs by Printing, Writing, Preaching, or Malitious
and Advifed Speeches, and be Convicted thereof upon the Oath of Two ere-
dible Witnefltes; every Perfon lb Offending fh ill be Adjudged to be Traitors,
and Ihall lofeand forfeit as in Cafe of High Treafon. And by the fame Adt
it is provided amongft other things, That if any fhall affirm the King to be
an Heretick, oraPapift, or that he intends to introduce Popery, or fhall Ma-
liciouffy and Advifediy, by Writing, Printing, Preaching, or other Speeches,
Publifhor Declare any word, or other thing or things to ftir up the People to
hatred or diflike of the Perfon of his Majefty or Government; every fuch
Perfon thereof convidted, are thereby made uncapable of any Office or Jm-
ployment in Church and State, and are made lyable to fuch Further punifh-
ments, as by the Laws and Statutes of this Realm are to be inflicted in fuch
Cafes; take notice this Adt was made prelently alter his late Majefties moil
happy Reftauration, when again the Major parr, (if not all then Living) of
the Secluded Members in the late pretended Parliament without King or Houle
of-
^SBSSHBHBSSSBSRSB^'^
'4S Aclv'ice to the Cowmovs of Engl.tnd, &e.
of Lords, were again chofen by the Freeholders of their feveral Counties, to
come to this long expe&ed and muchwifhed for Free Parliament. It would
then have made a true Englijh-rrtan fmile, to fee Old Efq; Trynne trudge through
Wcfiminfier-hall to the Houfe of Commons with his Basket, not Silver Hilt
Sword by his Side; time was then come that his Eyes were opened, and as a
principal Member of that Parliament, he was one of the Framers of that
Bill for the forementioned A6f ; wherein it is further provided, that if any
Perfon or Perfons Ihall Malicioufly, and Advifedly by Writing, Printing,
Preaching, or Speaking, Declare or Affirm, that the Parliament began at
Weflminjier, November 3. 1640. is not Diffolved nor Determined ; or that it
ought to be in being: Or that there lies any Obligation upon him or any other
Perfon, from the Oath, Covenant, or Engagement, to endeavour a change
of Government; or that both or either Houfes of Parliament have a Legifla-
tive Power without the King; or words to the fameeffedt. Every Perfon fo
Offending fhall incur the danger and penalty of Vramunire , whereof mention
is made in the before mentioned Statute of 1 6th. Rich, the Second. 1 have
made mention of this latter claufe in the faid Adb the more efpecially, be-
caufe thereby all Interregna, Kings Ae facto, wicked and injurious Ufurpcrs
are Excluded, and the Body Natural and Politick of our Lawful King are
fo conjoined and clofed together, that (I hope in God) for the future, it fhall
not lye in the Power of the People by Riling in Rebellion againff their Right-
ful Soveraign Lord, to make any Separation of the Sovereignty from the
Perfon of our Lord the King, or to abftradt the Perfon of our King from his
Office; to the Ruin, Alteration, or Subvertion again of his Majefties Realms
and Dominions. And I have mentioned the former Claufes, to give you to
underfland, what care hath been made for the Security and Preservation of
his Majefties Royal Perfon and Government, as it is freed and fecured thereby
from all Reftraint, Bodily Harm, or violence whatfoever, by wicked Words,
or Deeds*
CHAR
Advice to the Commons of England, &c.
49
Chap. XVI.
Shevoeth that allVnlawful Ajfemllies or Meetings for the Plot-
ting oj harm to the King, or the Alteration of the Government,
are Unlawful, and further fheweth what Mifprifion of Treafon
is, and that it is the Duty of every good Subjett prefently to
difcover Treafon.
NO W we are to know, how that we are forbid alfo (by fundry Laws
in force) to Congregate and Affociate our felves to Unlawful Affem-
blies, or Meetings in Coffee-houfes, or elfewhere; where any difcontented,
feduced, wicked Perfons {hall Affemble themfelves together,to Plot, or Con-
trive Bodily harm to the King, or the Alteration of the Government. If it
{hall be the hard mifhap of any Loyal, and well affe£ted Chriltian Perfon,
to chance to be in fuch evil Company, let him learn of Mordeeai the Jew,
his Duty therein, (as we may fee in the fecond chap, of the Book of Eflher,
the 2i, n, 13. verfes.) while Mordeeai fat in the Kings Gate, Two of the
Kings Ch amber laines, Bigthana and Terefh, of thofe which kept the Door,
were wroth, and fought to lay hands on the King Ahafuerus; and the thing
was knowrrto Mordeeai, who told it unto Either the Jpueen, and Either cer-
tified the King thereof in Mordecai's Name j and when inquifition was made
of the matter, it was found out, therefore they were both Hanged on a Tree:
and it was Written in the Book of the Chronicles before the King.knA Ahafue•
rus afterwards reading in theChronicles of the good fervice done by Mordechai,
took care for his reward, as may be feen in the fixih chap, of the faid Book of
Efiher. And we may fee in Stanf.^y.b. when one knoweth that another hath
done Treafon, or Fellony, and he will not him difcover to the King, or his
Counfel, or to fome Magiftrate, but concealeth his Offence, that is Milprifion;
which Offence, Br aft on placeth amongft the Offences of Treafon, becaufo
he was of opinion, that concealment beyond a certain time, {hall make it a-
H mount
5° Advice to the Commons of England, &c.
mount rather to Trcafbnthan to Mifprifion: for that purpofe he faith: Sta-
tim, & Jine aliquo intervaUo, &c. that prefently and without any flop, paufe,
or giving over for a time, he ought to go to the King himfelf, if he may,
or otherwife to fome of his Secretaries of State, or fome Magiftrate, and to
difcover the whole matter in orderly manner: that he ought not to ftay Two
daysor nights in one place before he lees the King ; nor to be let or hindred
by anybufinefs, though never lb urgent: quiavix ei permittitur, ut retro/pi-
eiatf Becaufe theLawgiveth him not fo much time, as to look back ;in fome
Cafes, as we mull render an account for every idle word, lb muft we like-
wife in this cafe, for our idle filence ; for in fuch a Cafe as this, where any
knoweth of any Confpiracy againft his King or Country, he is bound by
the Laws and Statutes of this Realm, prefently to difcover it; for as Fire in
its beginning, whilft it is but fmall, is more eafily quenched than it is after-
wards, when by fome continuance it hath gathered ftrength; fo the begin-
ning of Rebellious contrivances, being known and difcovered, with more
eafe the fad events, and evil confequences thereof are nipped in the Bud, and
are fmothered hindred and prevented : therefore as to this Evil, or rather Devil
of Rebellion, all are to be advifed by the Poet, who faith;
Trincipm obfta: fero medicina paratur,
Cum mala per tongas invaluere moras.
CHAP.
Advice to the Commm of England, &c.
C HAP. XVII.
Sheweth that all Writs % Procefs, Executions and Commandments,
are and ought to he in the Kings Name only.
NO W I fhall acquaint you further, that all Writ3, Executions, and Com-
mandments are done in the Kings Name. Naywe do fay in Eng-
land , the Life and Member of the Kings Subjedt are the Kings only (that is
to fay) no Man hath hault or moyenne Juftice but the King, nor can hold plea
thereof. Hence it is, that thofe Pleas which touch the Life or Mutilation of
Man, be called Pleas of the Crown; nor can be done in the Name of any
inferior Perfon than he or (he, that holdeth the Crown of England. And all
Enditements, Preferments, and Proceffes relating to the Seflions of the
Peace begin with Juratores prefentant pro Domino Rege quod I. S. de, &c.
or Inquiratur pro Domino Rege fi A. B. ae, &c. And every warrant from a
Juftice of the Peace upon all occafions whatfoever, dire&ed to the Conftable,
begin with thefe or fuch like words, thefe are in his Majefties Name to Will
and Require you forthwith, &c. If any Procels, Summons, Invitation , or
Commandment come to you, in Parliament time, or out of Parliament time,
in any other Habit, Dre /s, or Name whatfoever. Be you allured, fuch
Coin is counterfeit, and not currant within his Majefties Realms and Domi-
ons; but are deceitful and delufory, and may not improperly be likened to
the Melody of Syrens , who Sing, not to ftir up Mirth, but to allure unto
danger and milhaps. i
CHAP.
%i Advice to the Commons of England, &c.
Chap. XVIII.
All Freeholders are advifed as to what wanner of Perfons they
are, or ought to Choofe for future Parliaments.
I Remember, I made mention of the Secluded Members in the late times
of Rebellion, Thefe were they with whom Treafon had no place, be-
caule with them, Obedience to their SoveraignLord the King and his Laws
Ecclefiaftical and Temporal borefway, and held Principality: fome of whom
(when the confluence and Clamours of the Tumults in thole times puffed all
boundaries of Laws and Reverence to Authority, by the rude and unfeemly
deportments both in contemptuous words and adtions of the vulgar, and that
no means prevailed for their fuppreflion) withdrew themlelves with his Sacred
Majefty King Charles the Firlt, for the lecurity of their Perfons from Vio-
lence; others of them (when the Lords were Excluded and the Houle of Com-
mons was purged by the Military power to a Rump Parliament,) for rotten
Members(as theythen termed them) were call: out, and all of them (that were
afterwards living) were again chofen for Parliament-men upon his late Ma-
jefties moft miraculous and happy Reftauration. Many of them held their
King and Country, and the Government thereof lo dear, that in defence
thereof, they feared not to hazard their lives and Fortunes. Such as thele
Were, (Men Fearing God, Honouring their King, and abhorring to meddle
or joyn with thole that are given to change) I ad vile every Freeholder
(who hath a voice in the Eledfion of Knights, Citizens, and Burgeffes) .
fihould Chofe and Elecff to fit in Parliament for the future, when his Majefty
fhall be pleafed to Iffue forth his Roy 1 Writs for the fame. It you know of
any that have offended grievoufly in former Parliaments, Eledt them not a-
gain, upon an expedfed repentance. (All jealoufies and fears laid afide) Eledt
luch as are Men of good Fortunes, not fuch as have their fortunes to make;
fuch as are Wife and prudent Men in the management of their own private At-
fairs atihome ; and in their feveral Countries make a right and good ufe of thole
benefits which God hath put into their hands, for their fuccouring of others,
their
\
Advice to the Commons of England, &c. $$
their poor Tenriants and Neighbours, whole vertue is yet altogether joyned
with that Juftice, that is prudently guided with Moderation and realon ; for
they that know well how to manage their own private Affairs (when called
thereto) will in all probability, as carefully contribute their prudent and hear-
ty endeavours for the prefervation of the Publick Peace, and welfare of
the whole Community. Let not Elections be carryed on (as heretofore) with
partiality and popular heat, let the Gravity and difcretion of the more fober,
and better educated Gentry, allay and fix the Commons to a due tempera-
ment, guiding fome Mens well meaning Zeal by fuch Rules of Moderation,
as arebeft both to preferve, and re If ore the health,and welfare of all States and
Kingdoms. Every Freeholder ought to know, and well to confider with
what power he truffs thofe whom he choofeth, in regard the Power of the
Houfe of Commons is derived from that truft: and the Kings Writ diredfed
to the Sheriff", gives Authority to the Freeholders to make their Eledtions; in
which is exprefled, not only the Sheriffs Duty in point of Summoning ; but
the Writ alio contains the Duty and Power of fuch Knights and Burgeffes as
fhall be Eledfed, and fuch as fhall be Eledfed, are to know, that as a Body
Natural cannot do any perfedt Adt if it be difmembred (viz..) if the Head be
in one place, and the Body in another place, and fo of the reft of the Mem-
bers of a Body Natural: fo it is in like wifeof the Parliament; which maybe
laid by the Power of the King to be made corporate, or the higheft Court
aggregate and confiding of the King or Queen of England, the Lords Spi-
ritual and Temporal, and the Commons in Parliament Affembled ; the Mem-
bers whereof are or ought to know that they are Capituladter, or rather fub
uno capite congregati , Chapterwife, or rather Affembled under one Head,
which is the King or Queen thereof' who have the only Power, Priviledge,
and Prerogative not only of Summoning, but alfo of Adjourning , Pro-
roguing, and Diffolving of the Parliament; as alfo of Piling, or not PaF
fing any Bills whatfoever framed for Adts at their own Wills and Pleafures,
There is no Government more refembling Heaven, or more durable on Earth,
or that hath any certain principles, but Monarchy, and fjch a Monarchy, that
hath an adtual vifiblemilitary ftrength to fupport it (elf, not on]-,' toprotedi
the Good and Loyal, but alfo to awe the Bad and Rebellious Peopie. T le King
reprelentsGod,the Houfes of Parliament the People. And(as inlbmelortis ex-
preffed before) the King by his Writ gives the very effence and form to his
Parliament, being the produdfion of his breath; therefore Priviledges which
are the confequences of the Form, mnfc neceffarily flow from him. Now
would you know how to Eledl Men Fearing God, Honouring the King, and
fuch as will not meddle with thofe that are given to change ? Know and take
notice.
'H
m
; , ^ 4
fafv
P Pel.
-r a*
»fii
|te'-
r I -I
I -
fj;i?.
i: | ( >* ji
5'4 Jirfvice to the Comntons of England, Sfr.
notice, that true Religion is the well tempered Mortar, that buildeth up all
Eftates: that there can be no true Religion where the word of God is wanting
or not duly oblerved. 1 have proved from, and made it plain to you, that
the word of God condemneth and prohibiteth all mutinous Rebellious Adti-
ons whatfoever again ft the Magiftrate either Supream or Subordinate. And
becaufe there can be no furer fign of the ruine of a Kingdom, than the con-
tempt of Religion. My Advice is to all, that they would Conform, but as
to fuch that will not Conform, nor be Reformed , nor adviled to joyn with
us in the way Eftablilhed by Law for the Service and Worfhip of God, be-
caufe they are either ftubborn, obftinate, or wife in their own conceits,
and will not be informed, fuch as thcle, that are Diffenters from us, in the
better half of the Government; (that is to (ay) in the Government of the
Church. I pray that (as they abfent themfelves from us in the Divine Service
and Worfhip of God) (o they would be pleafed to abfent and (eparate them-
lelves from the publick meetings in their (everal Counties for theChoofing and
Eledting of Members to (it in Parliament for the future j for as the Veflel
favourethof the fame Liquor, wherewith it was firft feafimed; fo (it is to be
feared) the mind of the(e Diflenters ftill retaineth thofe very qualities in their
Elder Age, wherein it was trained up in Youth. However by their abfence,
their mifguided Confidences will be clear, and the more Loyal and conform-
able Subje&s by their fo doing, will be lefs offended and difturbed in their
choife and Election of fuch as themfelves, that may better comply (than
heretofore) they did with his late Sacred Majefty in making and conftituting
fitch wholefome Laws and Provifions, as may make for the fecurity and pre-
fervation of our Proteftant Religion, which is confirmed by Scripture, and
Hiftory of Ancient Fathers in the Primitive Church, to be agreeing in
Do£frine, and Difcipline, with the truly Ancient Catholick and Apoftolick
Chriftian Religion and Profeflion (as it is now Eftablilhed by Law) in the
Church of England.
;«
I "
H B 1
CHAP.
4
Advice to the Commons of England, &c.
C HAP. XIX.
Shewetb that the King of England is, and always hath leen,
Supream Head of the Church, not the Pope.
FOR we Are to know and underftand that the King of England is in all
Caufes,as wellEcclefiafhcal as Temporal,within thefe his Majefties Realms
and Dominions Supream Head and Governour. By the Ancient Law of the
Realm, the King hath power to vifit reform and corredt all Abufes and Enor-
mitiesin the Church, and by the Statutes made in the time of King Henry
the Eighth, the Crown was but remitted and reftored to its Ancient jurifdidti-
on, which was Ufurped by the Bilhop of Rome. Reges facro oleo uncli, fpi-
rituals jurifdiflions funt capaces , Kings Anointed with HolyOyl, are capa-
ble of Spiritual Jurifdidfion. And io.H.j. 18. Rex efi perfona mixta cum
facer dote, the King is faid to be a Perfbn mixt or participating with the Prieft
in the Priefthood. Alio the King fhall have Tythes by the Common Law,
of which no Lay Perfcn can be capable. And the King by himfelf, or by
his Commiffioners, (hall vific his free Chappels and Hofpitals. And by the
Cannon Law, Omnes Reges dicuntur Clerici, and another Text thereof faith,
quid caufa Spirituals committi potefi Vrincipi laico. All Kings are faid to be
Clarks,and that however a Spiritual Caufe may be determined by a Lay Prince,
as may befeenin Davyes rep. 4. a. And although the proceedings in theEccle-
fiaftical Courts be in the Name of the Biflhop, yet they are the Courts and Law
of the King: as the Leet,though it be holden in the Name of the Lord of the
Manour,yet it is the Court of the King. C. y. 1.part ^.b.The Canonifts afcribe to
the Pope, Prerogative as to the Interpretation of Laws, and granting of Di£
penfations, but the jurifdidfion, that the Pope by Colour thereof claimed in
England, was a meer Usurpation to which the Kings of England fas I fhall
prefently fiiew you) from time to time made oppofition even to the time of
King Henry the Eighth. And the King of England not the Pope, before the
making the Statute of Faculties, might dejure, of right difpence with the
Ecclefialfical Law : for though that many of our Ecclefiaftical Laws were firfl
devifed in the Court of Rome, yet being eftablilhed and confirmed in this
Realm
HI..
I
lit
5 6 Advice to the Commons of England, &c.
Realm by acceptance and ufage, they are now become English Laws; and are
no more to be reputed Romiffi Cannons, and they are to be obferved as the
Laws of the Kingdom of England, and not to be efteemed or reputed as Rules
of the Pope, Davyes rep. 71, 72. And the King is Supream Patron as
King, and not as in relpedt of the Supream JurifdicHon that the Realm by
the Statute hath acknowledged in him. Therefore a Refignation to the
King of a Deanry, is as good as if it had been made to the Bifhop, becaufe
that by the Common Law he is the Supream Head of the Church of Eng-
land, and the Deanry is void by it. And the King fhall be made privy, and
fhall give his confent to every Appropriation, where the Church is of the
Patronage of another, as well as where it is of his own Patronage, Flowd.
498,499. And it appeareth by Doffor and Student 124,125'. That
the Law hath appointed Six Months unto the Patron to prefent his Clark
unto the Bilhop, but if the Patron do not prefent his Clark unto the Bifhop
within Six Months next after the Church lhall become void, then fhall the
Lapfe incur to the Bifhop, and he fhall prefent for the default of the Pa-
tron a Clark of his own choofing, and his prefentation is called Collation;
and if the Bifhop or Ordinary furceafe his time, and fhall not Collate within
the Six Months, then fhall the Metropolitan (the Archbifhop of the Pro-
vince) Collate his Clark, and if he do not Collate within other Six Months;
then fhall the Kings Majefty (not the Pope) as Supream Ordinary of all
the Benefices in England , prefent his Clark to the Church. And all the
Archbifhopricks, and Bifhopricks within the Realm of England, are of the
Kings foundation, and the Kings of England are the Founders of them all;
and they fit in Parliament, and have the Names of the Lords of the Parlia-
ment, non raticne Nobihtatis, fed ratione Officii, not by reafon of their No-
bility, but by reafon of their Office, and in refpedt of their Ancient Barro-
nies annexed to their dignities. C. Inf. 1 . part 9 7. a. And in C. 5. j.part
Cawdreyes Cafe, it may be feen, That King Kenulphus by Charter in Par-
liament in the year of our Lord 75-5-. Exempted the Abbot of Abingdon from
Epifcopal Jurifdi&ion, and gave it him. That amongft the Laws of Ed-
•ward the Confeffor, it was Ordained, that he fhould Govern the Kingdom
and his People; and above all the Holy Church, not the Pope. That Wil~
Ham the Conqueror Appropriated Churches with Cure. That King Henry the
Firft prelented to Abbeys, as well by his Ecclefiaftical, as his Kingly Power.
That Henry the Third granted Prohibitions, and in Iffue of Loyalty of Mar-
riage, and general Baftardy, the King wrote to the Bifhop as his immediate
Officer. That in the rime of Edward the Third, the Temporalties of the
Archbifhop of Tork were loft during his Life, for refufal of a Clark of the
King
Advice to the Commons of England, &c.
57
King, by reafon of a Provifitiit of the Pops. That by xy< E dw. the Third,
a Man might kill thole that procured Provifions from Rome , and thole that
executed them. Alfo by xy. Ediv. 3d. It was Enabled, that the Pope fhall not
give Archbifhopricks, Bilhopricks, &c. but that the King them fha 11 give^c.
That by 16. Rihard the Second, chap, yf h. It is Enacted, that (becaufe the
King holdeth his Crown immediately under God) they who purchale or pur-
fue in the Court of Rome, Tranflations, ProcelTes, Excommunications, Birlls,
Inftruments, &c. and their Fautors and Councillors, fhall be out ot the Pro-
tebfion of the King, and Praemunire facias fhall be awarded again ft them.
That x. Id. 4.9. It is refolved, that Collectors of the P pe by their Bulls
have not any Jurifdiction here, and that the Archbifhops, and Bifhops are cal-
led the Spiritual Judges of the King. And 1 1..H.4.37.it is fai d,Papanon poteft
mutare leges Anglire , that the Pope cannot change or alter the Laws of England.
That x.Henry the Fourth, chap. 3d. he that obtaineth from the Bilhop of Rome
to be exempt from regular Obedience,is within the Cafe of a Praemunire. That
6. H. 4- chap. 1. Forfeiture was impoled upon thofe who payed great lums to the
Chamber of Rcwc.That by x.H. y. chap. 1. The King,not the Pope,gave power
to the Ordinary to enquire of the Foundation and Government of Hofpitals,
and to correct, e^c.That in 9. H. 6. 16. The King only can give Licenfe for
the Foundation ot a Corporation Spiritual, not the Pope. That ixth.Ediv.
tyh. 16. A Legate of the Pope was compelled to Swear that he would not at-
tempt any thing againftthe Crown, &c. That in x, Rich. 3. It is faid,that
Excommunication or Judgment at Rome is of ho force here. That in Fir ft. Henry
the 7 th. 10 th. It is faid, that in time of King Henry the Sixth, Humphry
Duke of Glocejler burnt the Letters of the Pope, that were in Derogation of
the King,and his Crown. And 1. H. 7. 10. It is adjudged,that the Pope may
not grant Sanctuary. And 2y. Henry the 8. chap. 21. It is Enabled by theSta-
tute forementioned of faculties,that none lhallmake fuit to Rome, but that the
Archbilhop of Canterbury may grant to the King and his Subjects, fuch
Licenfes, Difpenfations, Grants, Faculties, Elcripts, Delegacies, Inftruments,
&c. not repugnant to Holy Scripture, as been uled to be granted by the Pope,
yet it is to be noted, that fuch Cannons,Conftitutions, Ordinances, Synods,
Provincials, &c. were provided to be in force, which had been allowed by
general Con fen t, and Cuftom within the Realm, not repugnant to Law,
or the Prerogative of the King, and fo by the fame general Confent may
be Corrected, Enlarged, Explained, or Abrogated ; hence we may reft fa-
tisfied, that for many Hundreds of years laft paft (fucceffively) in the time
of one King after another King (when all our Anceftors were Papifts and of
that profeffion) that yet the Government of the Church ever was inherent
to the Imperial Crown of the Kings of England. In the time of King Henry
I the
/
59 Advice to the Commons of England, &c.
the Third, the Ufurpcd Jurifdi&ion of the Pope was elevated more high, than
ever before, or fince, yet it may be oblerved, that in the Ninth year of his
Reign, in the very fird Chapter of the great Charter, Entitled and Called,
The Confirmation of Liberties, is mentioned, Fird, We have granted to
God, and by this our prelenc Charter have confirmed for Us and Our Heirs
for ever; that the Church of England fhall be free, and fhall have all her
whole Rights and Liberties inviolable. And by the Statute of 14.11. 8. chap.
1 a. by a4Bifhops, and 19 Abbots, it is recited that England is an Empire,
and that the King is the Head of the Body Politick, confiding of the Tem-
poralty, and the Spiritualty impleet and furnifhed with full Power to render
final Judice in all matters whatfbever, as well Ecclefiaffical as Temporal.
And that part of the faid Body Politick, called the Spiritualty, hath been
always thought fufficicnt, and meet of it felf, without the intermeddling of
any Forreign Pope, or any exterior Perfbn or Perfons (when any caufe of
the Law Divine happened to come in queftion, or of Spiritual Learning)
to declare and determine all fuch doubts, and to adminfter all fiich
Offices and Duties (yet as the Spiritual Judges of and under the King)
as to their feveral Roomes Spiritual doth appertain. And the Laws Tempo-
ral for Trial of Property of Lands and Goods, and for the confervation of
the Realm in Unity, and Peace,without Rapiine or Spoil,were, and yet are Ad-
miniflred, Adjudged, and Executed by fundry Judges, and Minifters of the
other part of the Body Politick called the Temporalty. And their Authorities
and Jurifdidtions doconjoyn together in the due Adminiftration of Judice,
the one is a help to the other; and both are a help to, and in eafe of the King
the Head of this Body Politick; here you have concifely and in few words
difcovcred unto you, the Ancient form of the Government of England both
in Church and State, and accordingly in Ancient times, the Parliaments of
England confided only of the King, the Lords Spiritual, and the Lords
Temporal, who were Anciently theReprefentatives of the whole Kingdom in
Parliament Affembled under the Kings orQueens thereof; but forfomeHun-
dreds of years lad pad, a Writ hath been framed for the Ele&ion of Knights,
&c. to fit in Parliament, and thele Knights, £are to be chofen by the.
Freeholders in their,feveral Counties.
Advice to the Commons of England, &c, ^8
t . _ . I ■ ■ ■ ■ iw J ■ ■—
.
Chap. XX
As to the Kings Supremacy is Jhewed the difference between the Pri-
mitive and more modern times, herein the Author advifeth all to
le at TJnity within themfelves, andfince we are reftored to our An-
cient Government, to give to our Soveraign Lord the King his
Dues; and defires all to joyn with him (in the Conelu five Prayer,
for the Morning Service in our Church Liturgy) for the King.
NO W fince, as the living Members of a Body natural united together,
maintain life j To it is in a Kingdom, by concord of the People, the
ftate thereof is maintained,but by their difcord it is deftroyed. And accordingly
Holy Scripture tells us, that Houfes or Kingdoms divided within themfelves
cannot (land, hut true Peace is the quiet and tranquility of Kingdoms, bury-
ingall Seditions, Tumults, Uproares and Fadfion', and planting Eafe, Qyi-
etnefsand Security with all other flourilhing Ornaments of Happinefs. Now
would you be happy, and would you have your Pofterity happy alfo? Pray
to God (as you are dire&ed by the Prophet Jeremiah in 31. chap, and the
^yth.verfe) that he would give you one Heart, and one Way, that you may
fear God for ever, for the good of you, and of your Children after you. La-
hour therefore to be at unity within your (elves; and above all, be advifed,
that when you again lhall have a Lawful call to Eledt Members for a fub-
lequent Parliament, you be (ure unanimoufly to choolefuch Men as are Men
well affedted to the better half of the Government (that is Eflablifhed by
Law) in the Church. For nun<juam bene res fuccedunt human#, uhi negli-
guntur divince , things Temporal and Humane, never fucceed well, where
things Spiritual and Divine are negledfed. Subjedtion is required by St. Vete r
(where before citedJto the King as Supream; and with me be pleafed to con
lider the Authority of the words too (and marking the difference between"
the Primitive, and mere Modern times, you (hall not need to fear the intro-
I 2. dudfion
60 Advice to the Commons of England, &c.
dudfion of Popery again in thefe Kingdoms) who writes them? Obferve,
they come from St. Peter , from whom the Succeffors of St. Peter derive their
Title of Supremacy above Kings.So that howfoever they will have the Autho-
rity Entailed upon them from Sr. Peter ; yet St. Peter himfelf challengeth po
fitch Supremacy, for he fays, To the King (mark the Eperhite) as Supream ;
'tis true, we read that Cardinal Bellarmine , and Boniface the Eighth, and
Innocent the Fourth, with others of that Party, being carried on by their
Pride and Ambition, maintain the Head of their Church to have both the
Swords, and therefore (fay they) is above all Kings, and Emperors, that
have but one; yet here we fee, T'hat in the beginning it was not fo : Sr. Paul
denies it, St. Peter difclaims it, and the Ancient Church, and (according to
the pradlife thereof) all our Kings of England, Succeffively from time to
time even to this prefent time, havedifowned it. Remember and never for-
get, we had heretofore the Minor part of a Houfe of Commons, Exercifing
the Soveraign Power, the corrupt Majority (as they then termed them) he-
ing ejedted and call out for Delinquents, and Malignants. And by them we
had the Government Changed, or rather purpofed to be changed, regality
(it was then death to fay the King) and Houfe of Lords were cart of, next
this we had nothing Vifible, but a General and an Army. Next this we had
the whole Conftitution, Laws, and Liberties of the Kingdom at once fub-
verted, certain Men being called by the Name of a Parliament, and the So-
veraign Power pretended to be given them, that were never chofen by the
People, but by we know not whom (fuch a fadt as was never heard, or
read,that any King of England was Guilty of, fince Parliaments were known)
Next this we had aProtedfor Governing by an inftrument made by God
knows who. After this we had the fame Protedfor Governing according to
the humble Petition, and Advice (and Sworn to both) And (unto God be
thanks for the fame) by his late Sacred Majefties happy Reflauration, we are
alfo reftored again, to our Ancient Government Eflablifhed by Law both in
Church and State, and to the fruits and benefits of the fame. Mark there-
fore what St. Peter faith in the 1 3 th. chap, to the Rom. give to all their Dues,
Tribute to whom Tibute is due, Cuftom towhomCuftom, Honourtowhom
Honour, Fear to whom Fear. St. Paul hereby advifeth us to our bounden
Duties and due Subjedlron to the Magiftrate Supream and Subordinate. And
his advice may be reduced tothefe Three Heads, lfi, Supply to their Eftates.
i.ly, Fear to their Authority. 3 ly, Honour and Reverence to their Perfons.
Firft, Their Eflates are to be fupported, for as one fays, Pecunia nervm
Imperii , without which the Work of the Magiftracy can neither be effedled
Advice to the Commons ttf" England, &c. 6.1
nor refpe&ed ; and as it is necefTary,lb it is convenient,that he that is iniploy-
ed for the good of the Commonweale befupported by the Publickwcale, for
as faith Seneca cited by Mr. Stanf. in his Prerogat. y. a. Omnium fomnos, il-
lius vigelantia defend.it, omnium Otium, illius labor, omnium delicias, illitis in-
dufiria, omnium vocationes, illius defendit Occupatio, his Watchfulnels keeps
us in our Reft, his Pains fecures our Pleafures, his Calling defendsus in all our
Callings. Secondly, Fear his Authority, the Apoftle gives the realons, Rom.
13.4for he beareth pot the Sovord in vain ; he is the Minifter of God,he comes
Warranted with Authority, and as he hath Authority fbhe hath Power too-
Might and Right are both in him: he is the fountain of Juftice , and the life of
the Law, he bears the Sword, and he bears ir not for naught,therefore if thou
doft Evil fear.Thirdly,Yield Honour and Reverence to theirPerfons,for though
they are Men fubjedf to the fame Natural infirmities that we are; yet wemtift
remember whole Perfon they bear upon them; they are the Deputies of
God, And therefore Honoured with his Name, I have Jaid ye are Gods. It
is laid of the Perjians , that when they come into the prelence of their Prince,
they draw their Hands into their Sleeves, in token of their Reverence and
Loyalty, they will not have a Hand ftirring while Majefty is in prefence.
Now as to the concluding this my prelent Dilcourle, I pray not only your
Hands be lifted up to Heaven, but your Hearts alio , and that all may
fervently joyn with me in the conciufive Prayer of our Church Liturgy
for the Morning Service every Sabbath-day , which is as followeth.
Almighty
bz Advice to the Commons of England, (&c.
ALmighty God, whofe Kingdom is Everlafthig and
Power Infinite, have Mercy upon the whole
Church and fo rule the Heart of thy chofen Servant
James our King and Governour , that he [knowing
whofe Minijier he is) may above all things /e<?4 thy
Honour and Glory, and that we and all his Subjects
(duly confidering whofe Authority he hath) may faith-
fully Serve, Honour and humbly Obey him, in thee, and
for thee , according to thy holy Word and Ordinance,
through Jefus Chrifi our Lord\ who with thee and the
Holy Ghoft, Liveth and Reigneth one God World with-
out End. Amen.
\
FINIS.
errata.
T~\Age 5 x^- for Petlon r. Petition, p. i 8. I. x. for Privileges r. Preroga•
JL fives, p. 1.1.1 x\. for ageing r. agreeing, I. 3 6.for joyned r. enjoyed, p.
x f. I. 6. for datamfit r. datum fit, I. 8. for reprfentons r. reprafentans. p. x8.1,
zfor PaUainum r. PaUatinum. p. xy. I. x^for tiabit. r. trahit. p. 30. /, 1. after
Sword, add in. p. \x. I. 3 6. after King, dele and.
THE
F E-H 0 LT> E %S
GRAND INQVEST
T 0 V C H I
Our SoDeraigne L ord the KING
A N D
His P arliament,
Claudian. de laudibus Stiliconis.
J'allitur egrtgio quifquts fub Principe credit
Servitium: Nunquam Libert as gratior extat s
Sluam fub Regc pio .—
Printed in the three and twentieth year of the Raign of our
Soveraign Lord King C harles ,
I
The Preface,
1 Here is a generall beliefe, that the Parlta-
ment of England was at firlt an imitation
of the Affembly of the three Eftatcs in
France: therefore in order to prepare the
underftanding in the Recerche we have in
hand, it is proper to give a brief accompt of the mode
of France in tnofe Affemblies : Scotland and Ireland be-
ing alfo under the dominion of the King of England - a
touch of the manner of their Parliaments ihall be by way
of Preface.
t . \n.France\h.e Kings Writ goeth to the Bayliffs,
Sencfchals, or Stewards of Liberties,who iffue out War-
rants to all fuch as have Fees and Lands within their li-
berties, and to all Towns, requiring all fuch as have any
complaints to meet in the principall City, there to chuie
two or three Delegats, in the name of that Province, to
be prcfent at the Generall Alfembly.
At the day appointed, they meet at the principall Ci-
ty of the Bailywick. The Kings Writ is read, and eve-
ry man called by name , and fworne to choofe honeft
men for the good of the King and Common-wealth, to
A 2 be
mi
!
__
The Preface.
beprefent at the Generall Aflembly as Delegats, faith-
fully to deliver their Grievances and Demands of the
Province. Then they choofe their Delegats and f\veare
them. Next they confult what is neceftary to be com-
plained of, or what is fit to be defired of the King: and
of thefe things they make a Catalogue or Index. And
becaufe every man fhould freely propound his Com-
■plaint or Demands^ there is a Cheft placed in theTowne
Hall, into which every man may caft his writing. After
the Catalogue is made and figned, it is delivered to the
Delegats to carry to the Generall Affembly.
All the Bayliwicks are divided into twelve Claftes.
To avoid confufion, and to the end there may not be
too great delay in the Altembly, by the gathering of all
the Votes, every Claffis compiles a Catalogue or Book
of the Grievances and Demands of all the Bayliwicks
within that Claflis, then thefe Clafles at the Altembly
compofe one Book of the Grievances and Demands of the
whole Kingdome. This being the order of the procee-
dings of the third eftate •, the like order is obferved by
the Clergy and Nobility. When the three Books for the
three Eftates are perfected, then they prefent them to the
King by their Prefidents. Firft, the Prefident for the
Clergy begins his Oration on his knees, and the King
commanding, he Bands up bare-headed and proceeds.
And fo the next Prefident for the Nobility doth the
like. But the Prefident for the Commons begins and
ends his Oration on his knees. Whilft the Prefident
for the Clergy (peaks, the reft of that Order rife up and
ftand bare, till they are bid by the King to fit down and
be covered, And fo the like for the Nobility. But whilft
the Prefident of the Commons fpeaks, the reft are nei-
ther
The Preface.
ther bidden to fit, or be covered. Thus the Grievances
and Demands being delivered, and left to the King; and
His Counfel, the Generall Aflfembly of the three Eftates
enderh, Atj, it a tot us aclus concluditur.
Thus itappeares, the Generall Affembly was but an
orderly way of prefenting the publique Grievances and
Demands of the whole Kingdome,to the confideration of
the King: Not much unlike the ancient ufage of this
Kingdome for a long time, when all Laws were nothing
elfe but the Kings Anfwers to the Petitions prefented to
Him in Parliament, as is apparent by very many Sta-
tutes, Parliament Rolls, and the Confeflion of Sir Edw.
Cokes.
2. In Scotland , about twenty dayes before the Parlia-
ment begins, Proclamation is made throughout the
Kingdome to deliver into the Kings Clerk or Matter
of the Rolls, all Bils to be exhibited that Selfions be-
fore a certaine day: then are they brought to the King
and perufed by Him: and onely fuch as He allowes are
put into the Chancellors hand to be propounded in
Parliament, and none others : And if any man in Par-
liament fpeak of another matter, then is allowed by
the King , the Chancellor tels him, there is no fuch
Bill allowed by the King. When they have paffed
them for laws, they are prefented to the King, who
with his Scepter put into His hand by the Chancellor
ratifies them, and if there be any thing the King dif-
likes, they rafe it out before.
3. In Ireland , the Parliament, as appeares by a
Statute made in the 10 year of Hen. 7. c . 4. is to
be after this manner. No Parliament is to be holden
but at fuch feafon as the Kings Lieutenant and Councell
A 3. there
The Preface,
there dofirft certiflc theKing underthe Great Seal of that
Land, the caufes and confederations, and all fuch Ads
as them feemeth fhould pafle in the faid Parliament. And
fuch Caufes & confederations, and Ads affirmed by the
King and His Councell to be good and expedient for
that Land: And His licence thereupon as well in affir-
mation of the faid Caufes and Ads, as to fummon
the Parliament under His Great Seal of England had and
obtained. That done, a Parliament to be had and hoi-
den after the form and effed afore rehearfed : And if
any Parliament be holden in that Land, contrary to the
form and provifion aforefaid, it is deemed void, and of
none effed in Law. It is provided that all fuch Bils as
fliall be offered to the Parliament there •, fhall firft be
tranfmitted hither under the Great Seal of that King-
dome, and having received allowance and approbation
here, fhall be put under the Great Seal of this Kingdom,
and fo returned thither to be preferred to the Parlia-
ment. By a Statute of 3 and 4 of Philip and c JMary for
the expounding of Poynings Ad, it is ordered, for the
Kings paffing of the faid Ads in fuch form and tenor as
they fhould be fent into England , or elfe for the change
of them, or of any part of them.
After this fhortcr narative of the ufage of Parliaments,
in our neighbour and fellow Kingdoms, it is time the
inqmfitio magna of our own, be offered to the vcrdid or
judgement of a moderate and intelligent Reader.
The
A
The ARGVMENT.
Prefentment of divers Statutes, Records, and other
Precedents, explaining the Writs of Summons to
Parliament: jhewing,
1. That the Commons by their Writ are onely to Perform
and Confent to the Ordinances of Parliament.
2. That the Lords, or Common Councel by their Writ
are only to treat, and give Counfel in Parliament.
3. That the King Himfelf only ordains and makes Laws,
and is fupream fudge in Parliament:
With the Suffrages of
Hen: de Br acton.
Io: Britton.
Tho: Egerton.
Edw: Coke.
"Walter Raleigh.
Rob: Cotton.
Hen: Spelman.
Io: Glanvil.
Will: Lambard.
Rich: Crompton.
VVil:Cambden ?
I Io; Selden*
ft
MM
Eft'
►: K'
y ->
• ' ..a.
i." ..
. . 1 / O* . — - - --- ■• -
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f
VI
■
i
THE
FREEHOLDERS
grand inqjiest
T 0 V C H I
Our Soyeraigne Lord the K ing
and His P arliament .
Very Free-holder that hath a Voice in the ele-
ftion of Knights, Citizens or BurgefTes for the
Parliament, ought to know with what power
tru ^ s thofe whom he choofeth, becaufe fuch
truft is the foundation of the power of the Houfc
of Commons.
A Writ from the King to the Sheriffe of the County, is that
which gives Authority and Com million for the Free-holders to
make their eleftion at the next County Court day after the re-
ceiptofthe Writ: and in the Writ there is alfo expreffed the
duty and power of the Knights, Citizens and Burgefles that arc
there elefted.
The meanes to know what Truft, or Authority the Country
or Free-holders confer, or bellow by their eleftion, is in this, as
in other like cafes, to have an eye to the words of the Commifli-
on, or Writ it felfe: thereby it may be feene whether that which
B the
i The Free-holders grand Inqueft.
the Houfe of Commons doth a<ft be within the limit of their
Commiflion : Greater or other truft then is comprifed in the
body of the Writ, the Free-holders doe not, or cannot give if
they obey the Writ: The Writ being La'tine, and not extant in
Englifh, few Freeholders underftand it, and fewer obferve it;
I have rendred it in Latine and Engliih :
Rex Vicecomiti fakit'. &c.
QUia de advifamento fr affenfu confilii nojlri pro qui-
bufdam arduis fr urgent thus negotiis, nos,fiatum, fr
defenfionem regni nojlri Anglia , fr ecclefia Anglican
concernen\ quoddam Parliamentum n oft rum apud civ it a-
tern noftram Weft.duodecimo die Novembris prox.futuf te-
neri ordinavimus ,fr ibid, cum prat at is magnatibm & pro-
ceribm dicti regni noftri colloquium habere fr tract: Tibi
precipimus firmiter injungentes qd'facta proclam.in prox.
c omitat' tuo pofl receptionem hujm b rev is noftri tenend' die
fr locopradi ft. duos milif gladiis cinct' magis idoneos fr
difcretos comif pradifti 5 fx de quahb. civitate com illms
duos cives 5 fx de quolibet Burgo duos Burgenfes de difcre-
tior fx magis fufficientibus libere fr indifferenterper illos
qui proclam' hujufmodi interfuef juxtaformam (I at ut or urn
inae edit, fxprovif eligi ^fr nomina corundum milif ^ ci-
vium (fr Burgenfium,fic elect or um in quibufdam indentuf
inter te fr illos qui hujufmodi election, interfuerit, inde
conficiend. five hujufmodi electi prefentes fuerint vel ah-
fentes, inferi: eofque ad diet' diem fx locum venire fad.
It a qd' iidem mihtes plenam fr fufficientempoteflatempro
fe fr comnmnitate comif pradifii ac diet' cives fr Bur-
genfes pro fe fr communitaf civitatum fr Burgorum pra-
dictorum divifim ah ipfis habeant 5 adfaciendum fr con fen-
tiendum his qua tunc ibid' de communi confilio dicti reg.
noftri (favente Deo) eontigerint ordinarifuper negotiis an-
te
The Free-holders grand Tnqmll.
te dictis: ltd quod pro defectu potefatis hujufmodi, fen
propter improvidam eleciionem miltt' civ mm aut Bur gen-
firm pradttiorum, d. eta negotia infect a non remaneant
quovifmodo. Nolumns autem qd' tu nec aliquis a lues vie'
diet i reg. noflri aliqualiter fit eleltus. Et electionern ill am
in plcno c omit at u factum, d/fincte & aperte fub figillo tuo
fr figiilis eorum qui elect'om illi interfuerint, nobis in can-
cellar nofiram ad diet' diem & locum certifccs indilate,
remittens nobis alteram partem indentur arum predict arum
prefentibus confuf una cum hoc breve. Telle mciplc a-
' pud Weftmon'.
The King to the Sherife of (free ting.
Hereas by the advice and confent of Our
Councell, for certaine difficult and urgent
bufinelfes concerning Vs, the ftate and De-
fence of Our Kingdomeof England, and the Englilb
Church: We have ordained a certaine Parliament of
ours, to be held at Our City of the day of
next enfuing, and there to have conference, and to treate
with the Prelats, Great men and Peers of Our faid King-
dome. We command and ftraitly enjoyne you, that
making Proclamation at the next County Court after
the receipt of this our Writ, to be holden the day, and
place aforefaid : You caufe two Knights, girt with
Swords, the mod fit, and difcreet of the County a-
forefaid: and of every City of that County two Citi-
zens; of every Borough, two Burgelfes of the difcreeter
and mod fufficient; to be freely, and indifferently cho-
fen by them who fhall be prefent at fuch Proclamation,
according to the tenor of the Statutes in that cafe made
B z and
■■
The Free-holders grand Inquefi.
and provided: and the names of the faid Knights, Citi-
zens and Burgeffes fo chofen, to be inferted in certaine
Indentures to be then made betweene you, and thofe that
fhall be prefcnt at fuch ele&ion, whether the parties fo
ele&ed be prefenr, or abfent: and fliall make them to
come at the faid day, and place : fo that the faid Knights
forthemfelves,and for the County aforefaid, and the
faid Citizens, and Burgeffes for themfelves, and the
Commonalty of the aforefaid Cities, and Boroughes,
may have feverally from them, full and fufficient Power
to Perform , and to Confent to thofe things which then
by the favour of God fhall there happen to be ordained
any means remain undone for want of fuch power, or by
reafon of the improvident ele&ion of the aforefaid
Knights, Citizens, and Burgeffes. But We will not in
any cafe you or any other Sheriffe of Our faid Kingdom
fliall be ele&ed. And at the day, and place aforefaid, the
faid ele&ion made in the full County Court, you fhall
certific without delay to Vs in Our Chancery under your
Seal, and the Seals of them which fhall be prefent at that
Ele&ion, fending back unto Vs the other part of the In-
denture aforefaid affiled to thefe prefents, together with
this Writ. Witnejfe Our Self at Wcftminfter.
By this Writ we doe not find that the Commons are called to
be any part of the (fommon Council of the Kingdome, or of the
Supream Court of Judicature, or to have any part of the Legifla-
the power, or to Confult de arduis rtgni negotiis y of the difficult
bufinefles of the Kingdom. The Writ only faies, the King would
have conference and treat with the Prelates, great men, and Peers
but not a word of treating or conference with the Commons ;
The Houfe of Commons which doth not minilter an Oath, nor
fine,
The Free-holders grand lnquefl.
fine, nor imprifon any, but their own Members ( and that but of
late in fome Cafes) cannot properly be faid to be a Court at all ;
much leffe to be a part of the Supream Court, or higheftjudi-
cature of the Kingdome: The conftant cuftome, even to this
day, for the Members of the Houfe of Commons to Hand bare,
with their hats in their hands in the prefence of the Lords, while
the Lords fit covered at all conferences,is a vifible argument, that
the Lords and Commons are not fellow CommilTioners, orfel-
low Counfellors of the Kingdome.
The duty of Knights, Citizens,and Burgefies, mentioned in the
Writ,is only adfaciendum, & confentiendumjio perform and to con-
fent to fuch things as fhould be ordained by the Common Comic ell
of the Kingdome ; there is not fo much mentioned in the Writ
as a power in the Commons to dilfent: when a man is bound to
appeare in Court of Juftice, the words are, ^/Faciendum &
recipiendum quod eiper curiam injungetur : which fhews that this
word faciendum is ufed as a tearm in law to fignifie to give obe-
dience ; For this, we meet with a precedent even as ancient as the
Parliament Writ it felf, and it is concerning proceedings in Par-
liament. 33. Ed. 1. Dominus rex mandavit vicecom. quod Crc.
fummon' Hjcelaum de Segrave, efr ex parte Domini regis firmiter
ei injungeret, quod effet coram Domino Rege in proximo pari. &c. ad
audiendum voluntatem ipfus Domini Regie &c. Et ad Facien-
dum & recipiendum ulterius quod curia Domini Regis conjideraret
inpramijfis : Our Lord the King commands the Sheriffe to fum-
inon Tfichslas Segrave to appear before the Lord our King in
the next Parliament to hear the will of the Lord our King Him-
felf, and to Perform and receive what the Kings Court fhall
further confider of the premifes.
Sir Ed. Coke to prove the Clergy hath no voice in Parliament,
faith, that by the words of their Writ their confent was onely to
fuch things as were ordained by the Co mmon Cou mcell of the
Realme. If this argument of his be good, it will deny alfo voices
to the Commons in Parliament, for in their Writ are the felf-
fame words, viz,, to confent to fuch things as were ordained by the
Common Coun ceil of the Kingdome. Sir EdVc.Coke con-
eludes,that the procurator esCleri,have many times appeared in Ear-
liament , as jpirituall ajpftar.ts, to (fonftder, Confult, and to Confent
B 3 but
■ i!:' ?
! St^ff
lift
IO "
P.
ti,
i'P
Apiul Sclden.
mm-m-
Hi f
'' fir iji
The Free-holders grand Incftiejl.
but never had voice there, how they could confult, and Confent
without voices he doth not fh'etv: Though the Clergy (as he
faith) oft appeared in Parliament, yet was it only ad confentiendum,
as I take it, and not ad faciendum, for the word faciendum is o-
mitted in their Writ; thecaufe, as I conceive is, The Clergy,
though they were to afent, yet by reafon of (flericall exemptions,
they were not required to Perform all the Ordinances or Afts of
Parliament.
But fome may think, though the Writ doth not expreffe a
Calling of the Knights, Citizens, and Burgefl'es to be part of the
Common Councell of the Kingdome ; yet it fuppofeth .it a thing
granted, and not to be queftioned, but that they are a part of the
Common Councell.
Indeed if their Writ had not mentioned the calling of Prelats,
great men, and Peers to councell, there might have been a little
better colour for fuch a fuppofition : but the truth is, fuch a fup-
pofition doth make the Writ it felf vain anjd idle ; for it is a fenf-
lefle thing to bid men aflent to that which they have already or-
dained • fince ordaining is an alTenting, and more then an alien-
ting.
For clearing the meaning and fenfe of the Writ, and fatisfa-
ftion of fuch as think it impoflible but that the Commons of
Fngland have alwaies been a part of the Common Councell of the
Kingdome, I fhall infill upon thefe points, i. That anciently the
Barons of England Veere the Common Councell of the Kingdome.
2. That until!the time of Hen. i. the Commons were not called
to Parliament. 3. Though the Commons were called by Hen. ii
yet they were not Conflantly Called, nor yet regularly ele&ed
by writ untill Hen. 3. time.
For the firft point M. (fambden in his Britania, doth teach us,
that in the time of the Englifh Saxons, and in the enfuing age, a
^Parliament was called, Commune concilium, which was (faith he)
Prafentia Regis, Pr&latorum, Procerumque collettorum,t\\Q prefence
of the King, Prelats, and Peers aflembled; No mention of the
Commons: the Prelats and Peers were all Barons.
The Author of the Chronicle of the Church of Lichfeild, cited
by M. Selden, faith, Poftquam Rex Edvardus, &c. Con c i l ium
Baronum An g l I &, &c, After King Edward was King; by
the
The Tree-holders grand Tnqueft, y
the Coun cei Of The Baron s o/EnglandH^ revived
a Law which had lay en afteep threefcone and [even years : and this
LaVe Was called the Law of Saint Edward the King,
In the fame Chronicle it is faid that will: the Conquercnr
anno regni [hi quarto apttd Londinias, had Concilium Baro-
num Suorum ,aCouncellofHis Barons: And of this Parliament
it is that his Son Hen, i. fpeaks, faying, I reft ore you the Laws of
King Edward the Confeftor, with thofte amendments wherewith my
Lather amended them by the Coun c e l of Hi s Baron s.
In the fift year, as M. Selden thinks, of the Conquerour, was a
Parliament or principum convent us , an affembly of Earls and
Baron s at Pinenden Heath in Kent, in the (,'aufe between Lan-
franke the Archbijbop of Canterbury, and Odo Earle of Kent.
The King gave Commiflion to godfrid then Bifhop of (fonftance
in Normandy to reprefent His own Perfon for hearing the Con-
troverfie (as faith M. LambardJ and caufed Egelric the Bifhop of
(fhicheiiter (an aged man, fingularly commended for skill in the
LawsandCuftomesoftheRealme)to be brought thither in a
Wagon for his afliftance in Councell: Commanded Hay mo the
Sheriffe of Kent to fummon the whole County to give inevi-
dence: three whole daies fpent in debate: in the end Lanfranke
and the Bifhop of Rochester were reftored to the poffefllon of
Detling and other Lands which Odo had with-holden.
21. Ed.7,. fol, 60. There is mention of a Parliament held under Jpad Setden:.
the fame King William the Conquerour, wherein]^// the Bi-
shops of the Land, Earls ^Barons, made an Ordinance
touching the exemption oftheAbby of Bury from the Bijhops c/Nor-
wich.
In the tenth year of the Conquerour: Episcopi, Comi-
TES,Et Barones regni regia pot eft ate ad univer[alemSyno~
dum pro caufts audiendis & tractandis convocati , faith the Book of
Weflminfter.
In the fecond year of William 2. there was. a Parliament de Scldcn r
tnntlis regni Principibus ; another which had quofque regni pro-
ceres: All the Peers of the Kingdome,
In the feventh year was a Parliament at Rockingham Caftle in
Northampton-fhire. Epifcopis, Abbatibtts cunblique regni Prinei-
pibns ma caemtibtts»
&
Sclien.
The Free-holders grand Inqtiefl.
A year or two after, the fame King, de fatu regni aEhtrtts, &c.
called thither, h] the command of hie Writ, the B if) ops, Abbots, and
all the Peers of the Kingdome.
At the Coronation of Hen. i. All the people of the Kingdom
of England were called, and Laws were then made; but it was
Per Commune Concilium Baronum Meorum } by the
Common (founcell of my Barons.
In his third year, the Peers of the Kingdome were called with-
out any mention of the Commons: and another a while after,
c 'onfenjh Comitum & Baronum, by the confent of Earls 8c Barons.
Florentine Wigorienfs faith, thefe are Statutes which Anfelme
and all the other Biihops in the prefence of King Henry, by the
afenuofhts Barons ordained .-and in his tenth year of Earls and
Peers ; and in his 3 3. of E a r l s and Barons. In the year fol-
lowing, the fame King held a Parliament, or great Councell with
His Barons jptrituall and temporall.
King Hen. 2. in his tenth year had a great Councell or Parlia-
ment at Clarendon, which was an Aflembly of Prelate and Peers.
n.Hen.2. faith Hovenden,\\a.s a great Councelat Igotingham,
and by the Common Coun cei of the Archbi Jhope,BiJhope,Earls
and Barons , the Kingdome re as divided into fx parte. And a-
gain Hovenden faith, that the fame King at Windfor (apud Win-
dejheres) Com mun I Con c 1 l 10 of Bifhops, Earls, and Barons,
divided England into four parte. And in his 21 year, a Parliament
at windfor of Bi s hop s,Earl s, WBarons. And another
of like perfons at 7Northampton.
King Richard i .had a Parliament at Tgotingham'yn hisfift year,
of Bifbops,Earls, and Barons: This Parliament laded but 4 dales,
yet much was done in k : the firft day the King dilferfeth gerard
de Canvil, the Sherifwick of Lincolne, and Hugh Bardolpb of
the Caftle and Sherifwick of Torke. The fecond day he required
judgement againft his Brother John who was afterwards King;
and Hughde Jgovant Bifhop of Coventry . The third day was
granted to the King of every Plow land in England 2 s .he required
alfo the third part of the fervice of every Knights fee for his at-
tendance into Tformandy, and all the Wooll that yeer of the
Monks Citteatsx, which for that it was grievous, and unfippor-
table, they fine for money. The laft day was for hearing of grie-
>' vances:
The Free-holders grdnd Inquejt.
varices; and fo the Parliament brake up: And the fame yeat
held another at Northampton of the Nobles of the Realm.
King John, in his fiftyear, He ami His Great men met. Rex ScUat,
& Adagnates convenerunt: and the Roll of that year hath Com-
mllnb Conc i l ium BARONUM MEORUM,thc Common Conn,
ctl of my Barons at Winchefter.
In the fixt year of King Henry 3. the Tables granted to the
King of every Knights fee, two marks in filver.
In his feventh year he had a Parliament at London, an affembly
of Barons, In his thirteenth year an Atlembly of the Lords at
Wefiminjler. In his fifteenth year of Loobies both fpiritnall and
temporal!,
M. Par. faith that 20.H. 3 .congregati funt Magnates ad collequi-
um de negotiis regni t raft atari, the Great men were called to con-
fer and treat of the bufinefle of the Kingdome. And at Merton,
Our Lord the King granted by the confent of his great men that here-
after Vfiiry fhonld not run againfi a Ward from the death of his An-
cefior,
21, Hen, 3. the King fent his Roy all Writs commanding all be-
longing to His Kingdome, that is to fay, <ss4rchbijhops, Bifhops,
Abbots and Priors inflalled, Earls and Barons, that they fhonld all
meet at London to treat of the Kings bujinejfe touching the whole
Kingdome : and at the day prefixed, the whole multitude of the
Nybles of the Kingdome met at London, faith Mat. Weflminfter.
In his 21. year, At the requefi, and by the Comcellof the Lords,
the Charters were confirmed.
22. Hen. 3. at Winchefter the King fent His royall Writs to Arch-
bijhops, Bijhops, Priors, Earls and Barons to treat of bufineffe con-
cerning the whole Kingdome,
3 2. Hen. 3. the King commanded all the Tfobility of the whole
Kingdome to be called to treat of the ftate of His Kingdome. Mat.
Wefim'.
49. Hen. 3. the King had a treaty at Oxford with the Peers of
the Kingdome. M.WefiminJler.
At a Parliament at Marlborow 5 5. Hen. 3. Statutes were made
by the a fent of Earls and Barons.
Here the place of Brafton Chief Juftice in this Kings time, is
Worth the obferving, and the rather for that it is much infixed
C * on
io The Free-holders grand Fnqueft.
©n of late, to make for Parliaments being above the King. The
words in Braflon ar oflhe King hath afnper iorfiod; alfo the Latt? by
which he it made King • alfo His Court^ vid. the Earls and Ba-
rons. The Court" that was faid in thofe daies to be above the
King was a Court of Earls and Barons , not a word of the Com-
mons, or the reprefentative Body of the Kingdome being any
part of the Superiour Court. Now for the true fenfe of Br anions
words, how the Law, and the Court of Earls and Barons , are the
Kings fuperiours; they muft of neceifity be underftood to be Su-
periours, fo far only as to advife, and diredt the King out of his
owne grace and good will onely: which appears plainly by the
words of BraBon himfelf, where fpeaking of the King,he rcfolves
thus, F(ec pot eft ei necejfttatem aliquis importer e quod injuriam [nam
cerrigat & emendet, cum fuperiorem non habeat nifi Deum; & fatis
ei erit ad pcenam, quod Dominum expeflat ultorem, nor can any
man put a necefiity upon Him to corredt and amend His injury
unlefleHe will Himfelf, fince He hath no Superiour but God;
it will be fufficient punifhment for him, to cxpedt the Lord an a-
venger. Here the fame man, who fpeaking according to fome
mens opinion faith, the La\\> and Court of Earls and Barons Mi
fuperiour to the King ; in this place tels us himfelf, the King hath
nofuperiour but God: the difference is eafily reconciled according
to the diftindtion of the SchooUmen,r/?e King is free from the Co-
active power of Laves or (founfellors : but may be fubjefl to their
Directive Pow e r according to his owne will: that is,God
Can onely Compell, but the Law and his Courts may advife
Him.
Rot. Parliament, i Hen. 4. nu. 79. the Commons exprefly af-
firm, Judgement in Parliament belongs to the King and Lords.
Thefe precedents fhew, that from the Conqueft untill a great
part of Hw.3. raigne (in whofe daies it is thought the Writ for
election of Knights was framed ) which is about 200. years, and
above a third part of the time fince the Conqueft to our daies,
the Barons m-ade the Parliament or Common Councell of the King-
dome: under the name of Barons, not only the Earls, but the Bi-
fheps alfo were Comprehended, for the Conquerour made the
Bijbops Barons. Therefore it is no fuch great wonder that in the
Writ, we find the Lords only to be the Cam feller s 3 and the Com-
wans
The Free-holders grand Inquejl.
mens Called only to perform andconfent to the Ordinances.
Thofe there be who feem to believe that under the word Ba-
rons, anciently the Lords of Court Barons were Comprehended,
and that they were Called to Parliament as Barons : But if this
could be proved to have been at any time true, yet thofe Lords
of Court Barons were not the rcprefentative Body of the Com-
mons of England , except it can be alfo proved that the Com-
mons, or Free-holders of the Kingdome chofe fuch Lords of
Court Barons to be prefent in Parliament. The Lords of Manors
came not'at firftby election of the people, as Sir Edto. Coke trea-
ting of the inftitution of Court Barons refolves us in thefe words,
By the LaWes and Ordinances of ancient Kings, and ejpecially of
King Alfred it appear eth, that the fir ft Kings of this Realm had aH
the Lands ^/England in Demean ; and lesgrand Manors and royal-
ties they referved to themfelves, and of the remnant they, for the de-
fence of the Realm enfeoffed the Barons of the Realm with finch jurifi-
dichon as the Court Baron now hath, Cokes Inftitutes, i. part,
fol. J 8.
Here, by the way, I cannot but note that if the fir ft Kings had
all the Lands of England in demeane, as Sir Ed\\\ Coke faith they
had ; And if the firft Kings were Chofen by the people, (as many
think they were) then furely our Forefathers were a very bounti-
full(if not a prodigall) people, to give all the Lands of the whole
Kingdome to their Kings, with liberty for them to keep what
they pleafed, and to give the remainder to their Subjeds, clogg'd
and cumbred with a condition to defend the Realm : This is but
aniilfigne of a limited Monarchy by originall Conftitution or
cootrad. But to conclude the former point, Sir Edw. Cokes opir
nion is, that in the ancient Laws under the name of Barons were
comprifed all the Tfobility. . .
This dodrine of the Barons being the Common (ftv.mcell, doth:
difpieafe many, and is denied, as tending to the difparagement of
the Commons, and to the difcredit, and confutation of their opi-
nion, who teach, that the Commons are ajfigned Counfiellors to.the
King by the people, therefore I will call in Mr. Fryn to help us'
with his'teftimony: He in his Book of Treachery and Difioyal-
ty, &c. proves that before the Conqueft by the Laws of EdVeard
the C en f e iT or > tap. 17. the King by his Oath was to do ftuslice by the
C 2 Count ell
The Free-holders grand lnquefi.
ffomcellofthe Tables of His Realm. He alfo refolves, that the
Ear is and Barons in 'Parliament are above the King, and
ought to bridle Hint, When He exorbitats from the Laws. He fur-
ther tds us, the Peers and Pre lais have eft tranflatedtht
Crown from the right Heire.
1. Eletting, and Crowning Edward, who was illegitimate j and
putting by Ethelred, the right Heire after Edgars deceafe.
2. Eletting,and Crowning Canutus, a meer forainer, inoppoft-
tion to Edmund the right Heire to King Ethelrcd»
3. Harold and Hardiknute, both eletted Kings fuccefftvely With-
out title ; Edmund and Alfred the right Heirs being difpoffeffed.
4. The E nglish Pfobility, upon the death of Harold, ena*
tted, that none of the Danijh blond Jhonld any more Raign over
them.
5. Edgar Atheling whohadbeft title was resetted, and Harold
eletted and crowned King.
6. In the fecond and third year of Edw. 2. the Peers and
No b l e s of the Land freing themfelves contemned, entreated ths
King to manage the affairs oftheKingdom by the Coun c e l of Hit
barons .He gaveHis affent,&fware to rat ife What the No b l e $
ordained •, and one of their Articles was, that He would thence-
forward order all the affairs of ths Kingdome by the Councell ofHii
Clergy <?^Lords.
7. William Rufus finding the great eft part of the No b l e s a-
gain ft Him, [ware to Lanfranc that if the J Would chafe Him for
King, He Would abrogate their over-hard LaWs.
8. The beginning, faith Mr. Pryn,of the Charter of Hen. 1. is
©bfervable, Henry by the grace of God a/England, &c. KnoWje
that by the mercy of God and Common CounCEL of the Ba-
RONS of the Kingdome, lam Crowned King.
9. Maud the Empreffe, the right Heire, was put by the Crown by
the Pr 1 l at s and Baron s, and Steven, Earl o/Mortaine, who
had no good title, affembling the Bi s ho v s and Pb e r s, promt-
fing the amendment of the Laws according to all their pleajnres and
liking, was by them all proclaimed King.
1 o. Lewis c/France CroWned King by the Barons , in ftead of
King John.
All thefe teftimonics from Mr. Pryn may fatisfie, that and-
«ntly
The Tree-holders grAnd Inqueft.
ently the Barons were the Common CounccH, or Parliament of
England. And if Mr. Pryn could have found fo much antiquity,
and proof for the Knights, Citizens, and BurgeiTes, being of the
Common Qonncel: I make no doubt but we fhould hare heardfrom
him in Capitall charafters: but alas 1 he meets not with fo much
as thefe Names in thofe elder ages. He dares not fay the Barons
were alTigned by the people, Counfellows to the King ; for he tels
us, every Baron in Parliament doth reprefent his own Perfon, and
Jpcaketh in behalf of himfelf alone: but in the Knights, Citizens, and
BargejfeSy are reprefent ed the Commons of the whole Realme: there-
fore every one of the Commons hath a greater voice in Parliament
then the greateft Earl in England. Nevertheleifc Matter Pryn will
be very well content if we will admit andfwallow thefe Parlia-
ments of Barons for the reprefentative Body eftheKingdome ;
and to that purpofe he Cites them, or to no purpofe at all. But
to prove the Treachery and Difloyalty of Popifh Parliaments,
Prelats, and Peers, to their Kings: which is the main point that
Matter Pryn by the Title of his Book is to make good, and to
prove.
As to the fecond point; which is that untill the time of Hen. r.
the Commons were not Called to Parliament: befides, the ge-
nerall filcnce of antiquity which never makes mention of the
Commons coming to Parliament untill that time; our Hiftories
fay, i before His time only certain of the Tfobility were called to con-
faltation about the mofl important affairs of the State : He caufei
Knights, Citizens, and Burgeffes, of their oVon appointment: much
to the fame purpofe writes Sir Walter Raleigh , faying, it is held
that the Kings of England had no formaS Parliaments till about the
I Hyear of King Hen. I . for in his thirdyear, for the Marriage of his
Daughter, the King raifed a Tax upon every Hide of Land by the
stdvife of His Privy Councell alone. And the Subjefts (faith he)
foon after this Parliament was eftablifhed, began to ft and upon tearms
with their King, and drew from him by ftrong hand,and their fwords,
their Great Charter • it Was after the eftablifhment of the Parlia-
mint, by colour of it, that they had fo great daring. If any defire to
know the caufe why Hen. i. called the people to Parliament, it
was upon no very good occafion,if we believe Sir Walter Raleigh,
The Cjrand Charter (faith he) was not originialty granted Regally
C 3 and
am.
hfU i«-
The Free-holders grand Inefueft.
and freely, for Kin? Hen. i. did but -ufurp the Kingdome, and there-
fore the better to ajfure Himfclf againft Robert His elder Brother,
He flattered the people With thofe (fbarters: yea, King John that
confirmed them, had the like re fie el: for Arthur ZX&fBrittaine was
the undoubted Heire of the Crown, upon whom John ufurped: fo
thefe Charters had their originall from Kings, De F acto, but not
De J ur e : and then afterwards his conclufion is, that the Great
Quarter, hadfirji an obfeure birth by ZJfttrpation, and was fofiercd,
andfhewedto the world by Rebellion: in brief, the King called the
people to Parliament, and granted them c Jhlagna Charta ; that
they might confirm to Him the Crown.
The third point confifts of two parts: Firft, that the Com-
mons were not conftantly called unto Parliament untill Hen. 3.
daies, this appears by divers of the precedents formerly cited, to
prove that the Barons Were the Common (founcell. For though
Hen. 1. called all the people of the Land to His Coronation, and
again in the 15.or 18. year of HisRaigne; yet alwaies He did
not fo ; neither many of thofe KJngs that did fucceed Him, as ap-
peareth before.
Secondly, for calling the Commons by Writ,I find it acknow-
Iedged in a Book, intituled, The Priviledge and practice of Parlia-
meats, in thefe words, in ancient times after the King hadfummo-
nt'd His Parliament, innumerable multitudes of people did make their
acc.effe thereunto, pretending that Priviledge of right to belong to
them. But King Hen. 3. having experience of the mifchief, and in-
conveniences by occajion offuch popular confufton, did take order that
none might come to His Parliament but thofe who werefiecially fum-
moned. To this purpofe it is obferved by Mafter Selden, that the
firjl Writs we find accompanied with other circumfiancesofaSum-
mons to Parliament as well for the Commons as Lords is in the 49 of
Hen. 3. In the like manner Mafter Cambden fpeaking of the dig-
nity of Barons, hath thefe words, King Hen. 3. out of a great mul-
titude which were feditwus and turbulent,called the very befi by Writ
or fummons to Parliament, for he after many troubles and vexations
between the King Himfelf, and Simon de Monefort, with other
Barons: and after appeafed, did d.ecree and ordaine that all thofe
Earxs and Ba ron s unto whom the King Himfelf vouchfafcd to
direbl His Writs of fummons Jhould come to His Parliament and no
others':
The Tree-holders grand Inqueft* 15
ethers : but that which He began a little before His death,Edward r.
and His Succefours confiantly obferved arid continued: The faid
prudent IC.Edward fummoned alwaies thofe of ancient Families,that
■were moft wife, to His Parliament • and omitted their Sons after
their death if they were not anfSeer able to their Parents in under Plan-
ding. Alio Mafter Cambden in another place faith, that in the Cambdcn.
time of Edw. i-. feletl men for Veifdome and worth among the Gentry
were called to Parliament, and their pofterity omitted if they Wereide-
feilive therein.
As the power of fending Writs of fummons for eledlions, was
firft exercifed by Hen. 3. fo fucceeding Kings did regulate the e-
leftions upon fnch Writs, as doth appear by feverall Statutes,
which all fpeak in the name and power of the Kings themfelves;
for fuch was the language of ©ur Forefathers.
In <p.Ric.2. c.4. thefebe the words, The KingWilleth
AnbCommandeth all perfons which /hall have fummons, to
come to Parliament; and every perfon that doth abfent himfelf (ex-
cept he may reafonably and hone fly excufe him to Our1,0 rd
The King ) frail be amerced, and otherwif? pumfbed.
y.Hen.4. c. 15. Our Lord The Kin g at the grievous com-
plaint of His (fommons, of the undue election of the Knights ofCoun-
tief,fometimes made of affeft ion of S her ifs, and otherwife againft the
forme of the Writs, to the great [lander of the (fount ies, &c. Our
LordThe King, willing therein to provide remedy by the afent
of the Lords and Commons, Hath Ordained, that el til ion
Jfball be made in the full County (fourt, and that all that be there pre-
fent, as wellfuiters as others, full proceed to the election freely, not-
with/landing any rtqueft, or command to the contrary.
1 i.He».4.c.i.OuR Lord The King ordained,that a Sher if
that maketh an untrue return, &c. Jball incur the penalty of iool. to
bepaid to Our Lord The King.
i Hen. 5 .c. 1. Ou r Lo r d T h e ki n g, by the advife. and af ?nt
of the Lords, and the Jfiecia/l injlance and requefi of the'-Commons,
Ordained that the Knights of the Shire, be not chofen, unlefe
they be refant within the Shire the day of the date of the Writ: and
that Citizens and Barge fes be refant dwelling, and free in-thefams
Cities and Burroughs, and no others in any wife* -
6 Hen. 6. c. 4. Our Lord The King, willing to provide re-
medy
The Free-holders grand Inqueft.
pitdy for Knights chofen for Parliament and Sheriffs, H a T h O r -
D A i n E d that they flail have their anfwer, and traverfe to Inquefi
of office found againfi them.
8 Hen. 6. c. 7. JVhereas eleSlions of Knights have been made by
threat outrages, and ex ceffive number of people, of which mofl part was
'of people of no value, whereof every of them pretend a voice equiva-
lent to Worthy Knights,and Efquires ; whereby man-f aughters, riot!,
and divifons among Gentlemen flail likely be. O ur L ord T he
K ing H ath O rdaine d, that Knights of Shires, be chofen by
people dwelling in the Counties, every of them having Lands or Tenc-
ments to the value of 21, the year at the leaf, and that he that flail be
chofen, flail be dwelling, andrefant within the Counties.
10 Hen. 6. O ur L ord T he K ing O rdained, that
Knights be chofen by people dwelling, and having 2.1 .by the year with-
in the fame (founty.
1 1 Hen.6. c.i I. T he K ing, willing to provide for the eafe of
them that come to the Parliaments and Councels of the King by His
commandementfH.KI H O rdain E d, that if any affault,or fray be
made on them, that come to "Parliament or other f'ounce11 of the
Kim-, the party which made any fuch affray or a(fault, flail pay
double damages and make fine and ranfome at the Kings Will.
23 Hen.6.c. 15. T he K ing confidering the Statutes of l Henfl.
c.\.& 8 Hen.6x.~j .and the defaults of Sheriffs in returning Knights,
ffitiz,ens, and Burgejfes, O rdained ;
1. That the faid Statutes flould be duely kept.
2. That the Sheriffs flail deliver Precepts to cMajors, and Bay-
iiffs to chufe (fitizens and Burgeffes.
3. The penalty of 100I. for a Sheriffe making an untrue return
concerning the eleElion of Knights, Citizens, and Burgeffes.
s\,The penalty offo.\.for Majors or Bay liffs,making untrue returns.
5. Due elettion of Knights muff be in the full County Court, be-
tween the hoWrs of %.and 11. before noon.
6. The party mufi begin his fuit within 3 moneths after the Par-
liametti began,
7. Knights of the Shire flail be notable Knights of the (foun-
ty, or fuch notable Efquires, or Gentlemen born of the faid (founties
as flail be able to be Knights, and no man to be fuch Knight which
fiandeth in the degree of a Teoman, and under.
The
The Free-holders grand Tnquejl'.
The laft thing I obferve in the Writ for eledlion of Mem-;
hers for Parliament, is, that by the expreffe words of the Writ,
Citizens andBurgcffesfor the Parliament were eligible at the
County Court as well as Knights of the Shire ; and that not on-
ly Free-holders, but all others, whofoever were prefentatthc
County Court, had voices in fuch ele&ions: fee the Stat. 7 Hen,
q.cap. 15.
I have the longer infilled on the examination of the Writ, be-
caufe the power, and aftions of the Houfe of Commons are prin-
cipally juftified by the trufl which the Free-holders commit unto
them by vertue of this Writ.
I would not be underftood to determine what power the
Houfe of Commons doth, or may exercife if the King pleafe : I
confine my felf only to the power in the Writ, I am not igno-
rant that King Hen. 7. in the caufe of the Duke of Britaine , and
King James in the bufinefle of the Palatinate asked the Ccuicell
of the Houfe of Commons ; And not only the Houfe of Com-
mons, but every Subjeft in particular by duty and allegiance, is
bound to give his bcft advife to his Soveraign, when he is thought
worthy to have his Councell asked.
13. Edw. ~j.nu. 10. All the Merchants of England were fummo-
ned by writ to appear at Weftminfter in proper perfon, to confer upon
great bufinejfe concerning the Kings honour, the falvation of the
Realme, and ofthemfelves.
In palTages of publique Councell it is obfervable (faith Sir Ro '. cotton.
Cotton) that in ancient times the Kings 0/England did entertain the
Commons with weight y caufes, thereby to apt and bi id them to a rea-
dines of charge,and the Commons to fun expense have Wearily avoided
to give advife.
13. Edw. 3. The Lords and Commons were called to confult
how the domeftique quiet may be preferved, the marches of Scat-
land defended, and the fea fecured from enemies. The Peers and
Commons having a part confulted, the Commons defired Not to
be charred to counfell of things of which they had-no cognifance > de
queux ils.n ont pas cognifance.
I I Edw. 3. J uftice Thorp declaring to the Peers and Commons
that theTreRch war began by their advife : the Truce after by
their afient accepted, and now ended : the Kings pleafitre was to
D have
The Free-holders grand Inquejl.
have their counfell in the profecution; the Commons being com-
snanded to affemble themfelves, and when they were agreed, to
give notice to the King, and the Lords of the Councell: after
four daies confutation, Humbly defire of the King that He Would
he advifed therein by the Lords and ethers of more experience then
themfelves in fitch affairs.
6. Ric. 2. The Parliament was called to confult whether the
King fhould go in Perfon to refcue Gaunt, or fend an Army; The
Commons, after-two daies debate, crave a Conference with the
Lords, and Sir Th: Puckering (their fpeaker) protelts, that Court-
eels for War did aptlj belong to the King and His Lords • yet fince
the Commons were commanded to give their advife, they humbly
yvijhed a voyage by the King.
j. Ric. 2. At the fecond Seflion, the Commons are willed to
advife upon view of Articles of peace with the French ; whether
war or fuch amity fhould be accepted ; they modeflly excufe them-
felves as too weafto counfell in fo weighty caufes. But charged a-
gain as they did tender their honour and the right of the King,
they make their anfvver, giving their opinions, rather for Peace,
then War.
For fuller manifestation of what hath been faid touching the
Calling, election, and power of the Commons in Parliament, it is
behoofull to obferve fome points delivered by Sir Fdw. (oke in
hisTreatife of the Jurifdidlion of Parliaments ; where,
Firft, he fairly begins, and laies his foundation, that the High
Court of Parliament conffeth of the Kings Majejly fitting there,
and of the three Efates,
1. The LordsfpiritualL
2. The Lords temporall.
3 . And the (fdmmons: Hence it is to be gathered, that tru-
ty and properly it cannot be called the High (fourt of Parliament,
but whilft the King is fitting there in Perfon : fo that the queftion
now adaies, whether the Parliament be above the King, is either
falfe, or idle: falfe, if you exclude; and idle if you include the
Kings Perfon in the word Parliament: The cafe truly put, and as
it is meant, is, whether the three Eftates (or which is all one, the
Lords and Commons) afiembled in Parliament be above the
King: and not whether the King with the three Eftates be above
The Free-holders grand Inqueft. 19
the King: It appears, alfo that they are mnch miftaken, who
reckon the King one of the three Eftates, as Mr .Prjn, pag.lo.ind Pry*.
many others doe, for the three Eitates make the Body, and the
King is Caput, principium, & finis Parhamentor, as confelfeth
Sir Edw. (foke. Co\e.
Secondly, Sir Edw. Coke delivers, that certain it is, both Houfes Coke,
at firfi fate together, and that it appears in Edw. 3. time, the Lords
and Commons fate together, and the Commons had no conthmaU Spear
ker. If he mean, the Lords, and Commons did fit, and Vote to-
gether in one Body; few there be that will believe it, becaufe the
Commons never were wont to loofe, or forgo any of their Li-
berties, or Priviledges; and for them to ftand now with their
Hats in their hands (which is no Magiftraticall pollute) there,
where they were wont to fit, and vote, is an alteration not ima-
ginable to be indured by the Commons. It may be, in former
times when the Commons had no conftant Speaker, they were oft,
and perhaps for the mod part, in the fame Chamber, and in the
prefence of the Lords, to hear the debates and confutations of
that Cjreat Comcell: but not to fit,and vote with them : for when
the Commons were to advife among themfelves, the Chapter
houfe of the Abb] of Wefiminfier was ofttimes their place to
meet in, before they had a fetled Houfe, and their meetings not
being very frequent may be the reafon I conceive, why the name
of the Houfe of Commons is not of fuch great antiquity, or taken
notice of; but the Houfe of the Lords was only called the Par-
Lament Houfe: and theTreatife called, Modus tenendt Parlia-
omentum, fpeaks of the Parliament as but of one Houfe only. The
Houfe, where now the Commons fit in Wefiminfier, is but of late
ufe, or inftitution -• for in Edw. 6. daies it was a Chappell of the stow.
Colledge of Saint Steven, and had a Deane and fecular Canons
and Chorifts, who were the Kings Quire at his Palace at Weft-
minfter, ind at the diAblution were tranflated to the Kings Chap-
pel at Whitehall.
Alfo I read that Wefiminfier-hall being out of repair, Ric. 2.
caufed a large houfe to be builded betwixt the clock tower, and
the gate of the great old hall in the midft of the Palace court s
the houfe was long and large, made of timber, covered with tiles,
open on both fides that all might fee, and heare what was both
Dz laid
The Free-bolders grand Inquejl.
faid and done : four thoufar.d Archers of (f'he/hire, which were
the Kir.gs own Guard, attended on that Houfe, and had bouche
a-Court, and 66.. by the day.
Thirdly, he faith, the Commons are to chafe their Speaker, but
feeing after their c he ice the King may refufe him, the ufe u (as in
the conge i* efilier of a Bijbopj that the King doth name a difcreet
learned man whom the Commons eletl: When the (fommons have
ehofen, the King may allow efhis excufe,and difallow him, as Sir John
Popham was, laith his margine.
Fourthly, he informs us, that the ftrft day of the Parliament
4 Juftices ajffiants, and 2 Civilians, (Jldafters of the (fhancery) are
appointed receivers of Petitions Which are to be deliveredwithin fx
daies following : and fx of the Nobility and 2 Bijhops,calling to them
the Kings learned (fossae ell, when need ftou Id be, to be triers of the
faid Petitions, Whether they were reafonable, good and neceffary to be
offered and propounded to the Lords. He doth not fay, that any of
the Commons were either receivers, or triers of Petitions: nor
that the Petitions were to be propounded to them, but to the
Lords.
Fiftly,he teacheth us, that a Knight, Citizen, or Burgeffe, can-
not make a proxy, becaufe he is eleSled, and trufted by multitudes of
people : here a queftion may be, whether a Committee, if it be
trufted to ail any thing, be not a proxy ? fince he faith the High
Power of Pat liament to be committed to a few, is holden to be againft
t : e dignity of Parliaments; and that no fuch Qommijfion ought to be
gra■ ted.
Sixtly, he faith, the King cannot take notice of any thing faid, or
done in the Houfe of Commons, but by the report of the Houfe. Surely
if the Commons fate with the Lords, and the King were prefent,
He might take notice of what was done in His prefence. And I
read in T owel, that the old ufage was, that all the degrees of Parlia-
meat fate together,and every man that had there to (fie aft, did it open-
ly before the King and his whole Parliament.
In the 35 Elbe, there was a report, that the Commons were a-
gainft the Subfidies, which was told, the Queen : whereupon,
Sir Henry Knivet faid, it fbould be a thing anfwerable at the Bar for
any man to report any thing of ffieeches or matters done in the Houfe.
S.ir John Woiley liked the motion of fecrecy • except one ly the
fftueen,
The Free-holders grand Incpuefi.
fifteen, from whom, he faid, there is m reafon to kpep any thing:
And Sir Robert Cecil did allow, that the councel of the Houfe Jhoul.l
he fecretly kept, and nothing reported in malam partem. Bat if the
■meaning he, that they might not report any thing done here to the
fifuetn, he was altogether againfl it.
Sevently, he voucheth an enditement or information in the Kingt
Bench againfl $9 of the Commons, for departing without licenfefrom
Pari: contrary to the Kings inhibition: whereof fx fubmitted to
their fines, Edmund Ploy den pleaded, he remained continually
from the beginning to the end of the Earl: Note, he did not plead
to the jurifdidionof the Court of Kings bench, but pleaded his
conftant attendance in Parliament, which was an acknowledge-
ment, and fubmitting to the jurifdidion of that Court: and had
been an unpardonable betraying of the Priviledges of Parliament
by fo learned a Lawyer, if his Cafe ought only to be tried in Par-
Jiament.
Eightly, he refolves, that the Houfe of Lords in their Houfe have
power of Judicature, and the Commons in their Houfe : and both
Houfes together. He brings Records to prove the power of Juii-
catureof bothHoufes together, but not of either of them by it
felf. He cites the 33 Edw. 1. for the judicature of both Houfes
together: where 1ficholas de Segrave was adjudged per Trelatos,
Comites, & Barones, & alios de concilia, by the Prelats, Earls and
Barons,& others of the Councel. Here is no mention of the judg-
ment of the Commons. Others Of The Counc h l may
mean,the KingsPrivy Councel,or hisCouncel learned in the Laws,
which are called by their Writs to give Counfel,but fo are not the
Commons. The judgement it felf faith, JSficholas de Segrave con-
feffed his fault in Parliament and fubmitted himfelf to the Kings
will: thereupon the King, willing to have the advife of the Earls,
Barons, great men, and others of His Counc ell, enjoyned them by the
homage, fealty, and allegiance which they owed, that they fhould faith-
fully counfel Him "fthat punifhment fbould be infilled for fuch a fall :
yeho all, advifing diligently, fay, That fuch a. fall deferves I of: of life,
and membtrs. Thus the Lords (we fee) did but advife the King
what judgement to give againft him that deferred the Kings
Camp to go fight a Duel in France.
Ninthly, he faith, of later times, fee divers notable -judgements at
T) 3 the*
the trek-holders grand Inquefl.
the pvofecution of the Commons by the Lords: where the Commons
were profecutors th£y were no Judges, but ( as he tearms them)
generall Injuiftors, or the grand Inquefi of the ICingdome. The
Judgements he cites are but in King James his daies, and no
eider.
1 Tenthly, alfo he tels u«, of the Judicature in the Houfe of (fom-
mms alone , his moil; ancient precedent is but in Queen Elizabeths
Raigne, of one Tho-.Long, who gave the Major o/Weftbury 10I. to
be elebled Burgeffe.
■■ Eleventhly, he hath a Section, entitled, The Houfe of Com-
tnons (to many purpofes) a diftintl Court: and faith, t dfota, the
Houfe of'(ommons to many purpofes a diftinbl Court: of thofe ma-
ny purpofes he tels but one, that is, it ufes to adjourn it felf Com-
milTioners that be but to examine Witnefies may adjourn them-
felves, yet are no Court.
Twelfthly, he handles the Priviledges of Parliament, where
the great wonder is, that this great Mafter of the Law ; who hath
been oft a Parliament man, could find no other, nor more Privi-
ledges of Parliament but one, and that is, freedom from oMrrefls:
which he faith holds unleife in three cafes, treafon, Felony, and
the Peace: And for this freedome from arrefts, he cites ancient
precedents for thofe in the Houfe of Lords, but he brings not one
precedent at all for the Commons freedom from arrefts.
IT is behooful for a Free-holder to confider what power is in
theHoufe of Peersjfor although the Free-holder have no voice
in the election of the Lords, yet if the power of that Houfe ex-
tend to make Ordinances that bind the Free-holders, it is necef-
fary for him to enquire what and whence that power is, and how
far it reacheth ; The chief Writ of fummons to the Peers was in
thefe words,
CArolus Dei Gratia, &c. Rcverendifimo in Chri-
fio patri G. eadem gratia Archiepifcopo Cantuari-
enft, totius Anglisz Primati & Metropolitano, fa-
lutem. Quia de advifamento & ajfenfu concilii nojlri,
pre
The Free-holders grandJIriquefi,
pro quibufdam arduis & urgentibus mgbtiis, Nos & fid-
turn & defenfonem regni noftri Angli'dfty ecclefu Angli-
can & concernentibus, quoddam Parli amentum nofirum a-
pud W. &c. teheri ordmavimus, & Ibidem vobifcum, &
cum ceteris Pralatis, CM agnatibm & Proceribm diclircg-
n't nojlri Anglia colloquium habere, fr tract at urn : Vobisin
Jide, & dde Phone quibm nobis tenemini frmiter injun-
gendo mandamus, quod conftderatis diciorum negotiorum
arduitate, & periculis imminentibus , cefante quacunque
excufatione diPhs die & loco perfonakter inter fit is, Nobif-
cum & eum eater is Pralatis, Magnatibus, fr Proceribus
pradiPlis, fupcr diclis negotiis traclaturi, vefirumque con-
cihum imptnfuri, & hoc ftcut Nos & honor em Nojlrum ac
falvationem regni pradiPli, ac ecclefa fancla, expeditio-
nemque diciorum negotiorum diligitis, nullatenm omit tat is
Pramonentes Decanttm & Capitulum ecclefa vefira Can-
tuarienfs, ac Archidiacanos, totumque Clerum vefira Dio-
cefis, quod idem Decanus & Archidiaconi in proprrs per-
fonis fuis, ac diclum Capitulum per unum, idemque Clerus
per duos procnratores idoneos, plenam & fuffcientem pote-
fat em ah rpfs Capitulo & Clero habentes, pradiclis die &
loco perfonaliter interfmt, ad confentiendum hiis qua tune
ibidem de Commune Concilio ipfus Regni Nofri, divina
favente Clemcntia, contigerit erdinari. Tefte Atapfo apud
Wefi.&c.
C Harles by the Grace of God, &c. T o the moft Re>
verend father in Chrift W. by the fame grace
Archbifhop of Canterbury, Primat and Metro-
politan of all England, health. Whereas by the Advife
andAffentof OurCouncell, for certaine difficult and
urgent bufinclfes concerning Vs, the State, and Defence
of Our Kingdoms of England, and of the Englilli
Church:
i
The Free-holders- grand Inqueft,-
Church: Wc have ordained a certaine Parliament of
Ours to beholden at W. &c. and there to have confe.
rence,and to treat with you the Prelats, Great men, and
Peers of Our faid Kingdome. We ftraitly charge and
Command by the faith and love by which you are
bound to Vs, that confidering the difficulties of the bu-
fineifes aforefaid, and the imminent dangers, and fetting
afide all excufes, you be perfonally prefent at the day
and place aforefaid, with Vs and the other Prelates,
Great men, and Peers aforefaid, to treat and give your
Counfel concerning the faid bufmelfes: And this, as
you love Vs and Our Honour, and the fafegard of the
forefaid Kingdome and Church, and the expedition of
the faid bufineffes, you muft no way omit. Forewarning
the Deane and Chapter of your Church of Canterbury,
and the Archdeacons and all the Clergy of your Dio-
ceffe, that the fame Deane, and the Archdeacon in their
proper perfons, and the faid Chapter by one, and the
faid Clergy by two fit Pro&ors having full and fuffici-
ent power from them the Chapter and Clergy, be per-
Tonally prefent at the forefaid day and place to Confenc
to thhofe things, which then, and there ihall happen by
•-the favour of God, to be ordained by the Common
Councel of Our Kingdome. Witneffe Our Self at W.
The fame form of writ mutatis mutandis, concluding with,ja«
muft no Way emit. Witneffe, &c. is to the temporall Barons:
But whereas the fpirituall Barons are required by the faith and
love, the temporall are required by their Allegiance or Homage.
The difference between the two Writs is, that the Lords are to
treat and to give counfel • the Commons are to perform and con-
fent to what is ordained.
By this Writ t he Lords have a deliberative or a confultivepower
to treat, and giv e counfel in difficult bufneffes : and fo likewife
have the Judges, .Barons of the Exchequer, the Kings Councel,
and
The Free-holders grand Inqueft. 2 5
and the Mailers of the Chancery by their Writs. But over and
befides this power the Lords do exercife a decifve or judicial!
power which is not mentioned or found in their Writ.
For the better underftanding of thefe two different powers,
we muft carefully note the diltinftion between a Judge and a
Counfellor in a Monarchy : the ordinary duty, or office of a Judge
is to give judgement, and to command in the place of the King;
but the ordinary duty of a Counfellor is to advife the King what
He Himfelf Hull do, or caufe to be done: The fudge reprefents
the Kings Per/on in His ahfence, the Counfellour in the Kings pre-
fence gives his advice : Judgesby their Commiflion or inftitudon
are limited their charge and power, and in fuch things Ithey may
judge, and caufe their judgements to be put in execution: But
Counsellors have no power to command their confultations to be
executed, for that were to take away the foveraignty from their
Prince, who by his wifdome is to weigh the advife of His Coun-
cell, and at liberty to refolve according to the judgement of the
wifer part of His Councel, and not alwaies of the greater : In a
word, regularly a Counfellor hath no power but in the Kings
prefence, and a Judge no power but out of His prefence: Thefe
two powers thus diftinguifhed have yet fuch correfpondency, and
there is fo neer affinity between the afls of judging, and counfel-
ling; that although the ordinary power of the Judge is to give
judgement; yet by their Oath they are bound in caufes extraor-
dinary, when the King pleafeth to call them, to be His Counfel-
iors - and on the other fide, although the proper work of a
Counfellor be only to make report of his advife to his Soveraign,
yet many times for the eafe onely, and by the permiflion of the
King, Counfellours are allowed to judge, and command in points
wherein ordinarily they know they mind of the Prince; and
what they do is the aft of the Royall power it felf: for the
Councell is alwaies prefuppofed to be united to the Perfon of the
King,and therefore the Decrees of the Councell are ftiled, T>y the
King in His Privy Councell.
To apply this dillinftion to to the Houfe of Peers ; we find o-
riginally they are called as Counfellors to the King, and fo have
only a deliberative power fpecified in their Writ, and therefore
the Lords doe ©nely then properly perform the duty for which
i - E they
26 The Free-holders grand Inqufjt*
they are called when they are in the Kings prefence, that He may
have conference and treat with them : the very words of the Writ
are, nobifcum ac eum PraUtis, magnattbw & Trqceribm pradichs
fuper dittis neget its traftaturi veflrumcjue concilium impenfttri, with
\Js and with the Prelats, great men and Peers to treat and give
your counceil: the word TSfobifcum implieth plainly the Kings
prefence. It is a thing in reafon moft abfurd to make the King
aflent to the judgements in Parliament, and allow Him no part
in the confultation; this were to make the King a Subject. Coun-
cell loofeth the name of counceil) and becomes a Command if it
put a neceffity upon the King to follow it: fuch imperious
Councels, make thofe that are but Counfellors in name to be
Kings in fadt: and Kings themfelves to be but Subjects. We read
Gotten. ja Sir Robert Cotton , that towards the end of the Saxons, and thefirji
times of the Tforman Kings, Parliaments flood in cuflome-grace
fixed to Eafter, Whitfontide, and ChrifimM ; and that at the Kings
Court, or Palace^Tarliamentsfate in the Prefence, or Privy Cham-
her: from whence he infers, an improbability to believe the King
excluded His own prefence; and unmannerly for guefis to bar Him
their company who gave them them entertaiment . And although
now a daies the Parliament fit not in the Court where the Kings
houihold remains, yet ftill even to this day, to fhew that Parlia-
ments are the Kings gutfts, the Lord Steward of the Kmgs houf-
hold keeps a ftanding tabic to entertain the Peers during the Gt-
ting of Parliameut; and he alone, or fome from,or under him, as
theTreafurer, or Comptroller of the Kings Houfhold takes the
Oaths of the Members of the Houfc of Commons the firft day of
the Parliament.
Selia;.. Sir Richard Scroop Steward of the Houihold of our Soveraigne
Lord the King, by the commandement of the Lords fitting in full
Parliament in the Great Chamber, put f. Lord Gametic and Wil-
liam We (I on to anfwer feverally to accufations brought againft
them.
The neceffity of the Kings prefence in Parliament, appears by
the defire of Parliaments themfelves in former times, and the
praftife of it Sir Robert Cotton proves by feverall precedents:
whence he concludes, that in the confutations of State, and deci-
fans ofpriivie plaints, it if clear from all times, the King wm rh$
The Free-holders grand In que (I. j
inely prefent to advife, but to 'Determine alfo. Whenfoever the
King is prefent, all power of judging^ which is derived from Hi*
ceafeth : The Votes of the Lords may ferve for matter of advife,
the finall judgement is onely the Kings. Indeed, of late yeares,
Queen Mary, and Queen Elizabeth by reafon of their fex, being
not fo fit for publique Art'emblies, have brought it out of ufe, by
which means it is come to parte that many things w;hich were in
former times a<5ted by Kings themfelves, have of late been left to
the judgement of the 'Peers, who in quality of Judges extraor-
dinary are permitted for the eafe of the King, and in His abfence
to determine fuch matters as are properly brought before the
King Himfelf fitting in Perfon, attended with His great Councell
ofPrelats and Peers. And the Ordinances that are made there, re-
ceive their eftablifhment either from the Kings prefence in Par-
liament,where His Chair of State is conftantly placed ; or at leaft
from the confirmation of Him, who in all Courts, and in all cau-
fes is fupream Judge. All judgement is by, or under Him, it can-
not be without, much lefle againft his approbation. The King only
and none bat He, if He were able, Jhoald judge all caufes , faith Bra- Button.
Hon, that ancient Chief Jurtice in Hen. 3. time.
An ancient precedent I meet with cited by Marter Selden , of a Seldeu.
judiciall proceeding in a cnminall caufe of the Barons before the
Conqueft, wherein I obferve the Kings will was, that the Lords
fhould be Judges, in the Caufe wherein Himfelf was a party, and
He ratified their proceedings: The cafe was thus, Earl Godwin
having had a triall before the Lords under King Hardicanute,
touching the Death of Alfred ( Son to King Ethelbert, and Bro-
ther to him who was afterward Edward the Oonfejfor ) had fled
out of England, and upon his return, with hope of Edward the
Confeffors favour, he folicited the Lords to intercede for him
with the King; who ( confulting together ) brought Godwin with
them before the King to obtain His grace and favour: But the
King prefently as foon as he beheld him, faid, Thou tray tor God-
win, I do appeal thee of the Death of my Brother Alfred, whom thou
haft mofi trayterottfy f aine ; Then Qodwin excufing it, anfwered,
My Lord the King, may it pleafeyour Grace, I neither betrayed nor
killed your Brother, whereof I put my felfupon the judgement of Tour
Court: Then the King faid, Ton noble Lords, Earls, and Barons
£2 of
The Free-holders grand Inqueft.
of the Land, who are my Liege men noVe gathered here together, and
have heard My appeal, and Godwins Anfwer, I Wl L L that in
this appeal between ZJs, ye decree right judgement, and doe true Ju~
fiice : The Earls and Barons treating of this among themfelves,
were of differing judgements, fome faid that Godwin was never
bound to the King either by homage, fervice, or fealty, and ther-
fore could npt be His tray tor, and that he had not (lain aMlfred
with his own hands : others faid, that neither Earle nor Baron,
nor any other Subjedl of the King could wage his war by law a-
gainft the King in his appeal; but muft wholly put himfelf into
the Kings mercy,and offer competent amends. Then Leofric (fon-
full of fhefter, a good man before God and the world, faid,
Earle Cjodwin next to the King, is a man of the beft Parentage of
all England, and he cannot deny but that by his counfel Alfred
the Kings Brother was flain, therefore for my part I confider.that
He and his Son, and all we twelve Earls who are his friends and kinf-
men, do go humbly before the King, laden with fo much gold and
ft I vtr as each ofm can carry in our armes, offering Him That for his
offence, and humbly praying for pardon, And He will pardon the Earl,
and taking his Homage and fealty, will reflore him all his lands. All-
they in this form lading themfelves with treafure, and coming to
the King did fhew the manner and order of their confideration y
to which The King r.ot witling to contraditt, did ratifie all that they
had judged.
23 In Lent there was an Affembly of all the fpirituall
and temporall Barons at Weftminfler, for the deternfination of
that great contention between aMlfonfo King ofCaftile, and San-
cho King of Tfavarre, touching divers Caftles, and Territories in
Spaine, which was by compromife fubmitted to the judgement
of the King of England. And the King confulting with His Bifhops,
Earls, and Barons, determined it ( as he faith ) Himfelf in the firft
perfon in the exemplification of the judgement.
2 Of King John alfo, that great controverfie touching the Ba-
rony that William ofCKtoubray claimed againft William of Stutvil,
which had depended from the time of K. Hen. 2. was ended by
the Comcell of the Kingdome , and Will of the King: Concilio rcgni,
& z oluntate Regis.
The Lords in Parliament adjudge William de We si on to death-
for
The T ree-holders grand Inqtieft. 2
for furrendring Barwick , Caftle,but for that Our Lord the King was
not informed of the manner of the judgement, The ConitabJe
of the T ower A llen B uxall was commanded fafelj to keep the
faid William untill he hath other commandement from Our Lord the
King, 4 Ric. 2.
Alfo the Lords adjudged John Lord of Gomentz for furrendring Sclderu
the Towns, and CaCiles of Ardee : and for that he was a Gentle-
man, and Bannaret, and had ferved the late King, he Jhould be be-
headed, and for that our Lord the King was not informed of the man-
ner of the judgment, the execution thereof Jhall be rejpited .ntill our
Lord the King Jhall be informed. It is commanded to the (fonfiable
of the Towerfafelj to keep the faid J ohn untill he hath other comman-
dement from Our Lord the King.
In the cafe of Hen: Spencer Bifhop of TforWich, 7 Ric. 2. who
was accufed for complying with the French, and other failings j
the Bifhop complained,what was done againft him, did not paffe
by the aflent and knowledge of the Peers ; whereupon it was faid
in Parliament, that The cognifance and punijhment of his offence did,
of common right and ancient cuflome of the Realme of England,
felely and Wholj belong to Our Lord the King ; and no other: Le
cognifance & punijfement de commune droit & auntienne cuftome ds
Rojalme de Engleterre,/e«l et per tout apperteine au Roj nofire Seigp
nieur efr a nul autre.
In the cafe of the Lord de la Ware, the judgement of the Lords
was, that he fould have place next after the Lord Willougbe of
Erisbe, by confent of all, exceptthe Lord Windfor: and the Lord
Keeper Was required to acquaint Her Afajeftjt with the determina-
tion of the Peers, and to know Her pleafure concerning the fame.
The inference from thefe precedents is, that the decifve or ]u-
iitiall power exercifed in the Chamber of Peers is meerly deriva-
tive, and fubfervient to the Supream power, which recides in the
King: and is grounded folely upon his grace and favour : for
howfoever the Houfe of Commons do alledge their power to be
founded on the Principles of Nature, in that they aretherc- !
prefentative Body of the Kingdom (as they fay) and fo being the
whole, may take care, and have power by Nature to preferve
themfelves: yet the Houfe of Tern doe not, nor cannot make
any fuch the leaft pretence, fince there is no reafon in Nature why
E 3 amongft
The Frte-hetlders grand Inqueft.
amongft a company of men who are all equall, fome few fhould
be picked out to be exalted above their fellows, and have power
to govern thofe who by Nature are their companions. The diffe-
r.ence between a Peer and a Commoner is not by nature , but by the
grace of the Prince : who creates honours, and makes thofe ho-
nours to be hereditary (whereas he might have given them for
lifeonely, or during pleafure, or good behaviour) and alfoan-
nexeth to thofe Honours the power of having Votes in Parlia-
ment as hereditary Counfellours, furniihed with ampler privi-
ledges then the Commons: All thefe graces conferred upon the
Peers, are fo far from being derived from the law of Nature, that
they are contradictory and deftrutftive of that naturall equality
and freedome of mankind which many conceive to be the foun-
dation of the Priviledges and Liberties of the Houfe of Com-
mons: there is fo ftrong an oppofition between the liberties of
grace, and nature, that it had never been poflible for the two
Houfesof Parliament to have ftood together without mortall
enmity, and eternal jarring, had they been raifed upon fuch oppo-
fite foundations: But the truth is, the Liberties and Priviledges
of both Houfes have but one, and the felffame foundation, which
is nothing elfe but the meer and fole grace of Kings.
Thus much may ferve to fhew the nature and originall of the
deliberative and deeifve power of the Peers of the Kingdome.
The matter about which the deliberative power is converfant,
is generally the confulting, and advifing upon any urgent bufinefs
which concerns the King, or defence of the Kingdom: and more
efpecially fometimes in preparing new Lawsj and this power is
grounded upon the Writ.
The decifive power is exercifed in giving judgement in fome
difficult cafes; but for this power of the Peers I find no warrant
in their Writ.
Whereas the Parliament is ftiled the fupream Court, it muft be
underftood properly of the King fitting in the Houfe of Peers in
Perfon; and but improperly of the Lords without him : Every
fupream Court muft have the fupream power, and the fupream
power is alwaies arbitrary; for that is arbitrary which hath no
fuperiour on earth to controll it. The Iaft appeal in all govern-
ment
The Free-holders grand Inquefl. g.f
ment rnuft fiill be to an arbitrary power, or elfe appeals will be in
infinitum, never at an end. The kgiflat-ive power is an arbitrary
power, for they are termini convertibiles.
The main queftion in thefe pur daies is, where this power Le-
liflative remains ? or is placed ; upon conference of the Writs of
mmmons for both Houfes, with the Bodies and titles of our an-
cient Afts of Parliament, we fhal find the power of making Laws
refts folely in the King. Some affirm that a part of the legifative
power is in either of the Houfes; but befides invincible reafon
from the nature of Monarchy it felf, which muff have the fu-
pream power Alone • the conffant ancient declaration of this
Kingdom is againft it. For howfoever of later years in the titles
and bodies of our A<£ls of Parliament it be not fo particularly ex-
prefled who is the Authour and maker of our Laws, yet in almoff
all our elder Statutes it is precifely expreffed that they are made
by the King Hvmfelf: The generall words ufed of later times,
that Laws are made by authority of Parliament , are particularly
explained in former Statutes, to mean. That the King ordains, the
Lords advife, the Commons confent,zs by comparing the Writs with
the Statutes that expound the Writs, will evidently appear.
Magna (fhartu begins thus, Henry by the grace of God, KnoVeye
that We Of Our Me er And Free Wi l Have Given
TheseLirerties.
In the felf-fame ftile runs (fharta de fore/la, and tels us the Ait-
thor of it.
The Statute de Scaccario, 41 Hen. 3. begins in thefe words, The
King Commandeth that all Baylifs, Sherifs, and other Off-
cers, &c. And concerning the juffices of Chefler, the Kin g ,
Willeth &c. and again, He Commandeth theTreafurer
and Barons of the Exchequer upon their Allegiance.
The Stat.of Marliborougk, 52 Hen. 3. goeth thus, The Ki ng
Hath Made thefe -Mfis, Ordinances, and Statutes which He
Willeth to be obferved of ad His Subjects, high, and low.
3 Edw.i. the Title of this Stature is, Thefe are the Acts Of
King EDWARD, and after it follows, The King Hath
Ordained These Acts; and in the firft Chapter, The
King Forbiddeth And Commandeth that none doe
hurt , damage er grievance to any religions man, er perfon of the
Church
32 The Free-holders grand Inqueft.
Church: and in the 13 Chap. The K ing P roh ibiteth that
none doe ravifh or take away by force, any Maid within age.
6 Edw. I. it is faid, Our Sover aigne Lord the King hath efla-
blifhed thefe Alls, commanding they be obferved within this Realm:
and in the 14 Chap, the words are, The King of His Jpecia/lgrace
granteth, that the Citizens of London JhalL recover in anaffifeda-
mage With the land.
The Stat, of Weft. 2. faith, O ur L ord T he K ing H ath
O rdained, that the Will of the giver be obferved: and in the
3. Chap. O ur L ord T he K ing H ath O rdainhd that a
woman after the Death of her Hufband fhall recover by a Writ of
Entrie.
The Stat. of ffrn Warranto faith, O ur L ord T he K ing^
His Parliament of His fpeciall grace,and for ajfeel ion which he beareth
to His Prelats, Earls, and Barons,and others, Hath granted that they
that have liberties by Trefiription fliall enjoy them.
In the Stat, de finibus Levatis, the Kings words are, W e inten-
ding to provide remedy in our Parliament have ordained, &c.
28 Sdw.i. c .5. T he K ing W i l s that the (fhancellor, and the
fuftices of the Bench fhall follow Him, fo that He may have at all
times fome neer unto Him that be learned in the Laws: and in
Chap. 24. the words are, O ur L ord T h e K ing after full confe-
rence and debate had with His Saris, Barons,Tfobles, and other Great
men by their Whole confent, H a th O rdained ,&c.
The Stat, de Tallagio ( if any fuch Statute there be) fpeaks in
the Kings Perfon, No Officer of O ur s Lfo tallage fhall be taken
by Us;Wi W ill A nd G rant.
1 Sdw. 2. begins thus, O ur L or d T he K ing W illeth
A n d C om m a n d e t h.
The Stat, of p. the fame King , faith, O ur L or d T he K ing
by the afent of the Prelats, Saris, and other great States H ath
Ore A INE D.
10 Sdw. 2. It is provided by our Lord the King and His Ju-
slices.
The Stat, of Carllle faith, W e H ave S ent O ur C om-
mand in Writing firmly to be obferved.
1 Sdw. 3. begins thus, King Edw. 3. at His Parliament at the re-
cjuefl of the Commonalty by their Petition before Him,and His Com-
cell
The Free-holders grand Intjuefi,
cell in Parliament, Hath granted, &c. and in the 5 Chap. The
King Willeth that no man be charged to arm himfelf other-
wife then he vpos wont.
5 Edto. 3. Our Lord the King, at the requeft of his people, hath
eftablifbedthefe things which He Wi l s ToBe Kept.
9 Of the fame King there is this Title, Our Lord the King by
the Ajfent &c. and by the Advife of His (Jounced being there, Hath
ordained, &c.
In his 10 year, it is faid, Becaufte OurLordKing ED w . 3.
hath received by the complaint of the Trelats, Earls, Barons, alfu at
the JheWing of the Knights of the Shires, and His Commons by their
Petition put in His Tarliament, &C. Hath Ordained by the
ajfent &c. at the requeft of the faid Knights and Commons, &c.
The fame year in another Parliament you may find, thefe be the
Articles accorded by the Lord Our King with the affent, &c. at the
requeft of the Knights of the Shires and the (fommons by their Petiti->
on put in the faid Parliament.
In the year-book nEdw.-$. 3 pi. 25. It is faid, The King
Makes The Laws by the ajfent of the Teers and Commons, and
not the Peers and (fommons.
The Stat, of 1 Ric. 2. hath this beginning, RICHARD the 2. by
the ajfent of the Prelats, Dukes, Earls, and Barons, and at the in-
fiance and jpeciall requeft of the Commons, Ordained.
There being a Stat, made 5 Ric. 2. c. 5. againft Lollards, in the
next year the Commons petition Him, Supplient les Comons que
come un eftatut fuit fait, &c. The (fommons befeech that whereas a
ftatute was made in the loft Tarliament, &c, which was never af-
fentedto, nor granted by the Commons, but that which was done
therein was done Without their ajfent. In this Petition the Com-
mons acknowledg it a Statute,and fo call it, though they afiented
not to it.
17 Ric. 2. nu. 44. The Commons deftre that feme pnrfuing to
make a Law, which they conceive hurt full to the Common-wealth ;
That His Majefty will not pajfe it.
As for the Parliaments in Hen. 4. Hen. 5. Hen. 6. Edw.q. and
Ric. 3. Raigns, the rnoft of them doe all agree in this one Title,
Our Lor d Th e King by the advife and ajfent of His Lords,and
at the Jpeciall inftance and requeft cf the Commons, Hath Or-
F dained.
The Free-holders grand Inquefi*.
d a i n e d . The precedents in this point are fo numerous that it
were endlcfle to cite them.
The Statutes in Hen.-j. daies do for the molt part agree both in
the Titles and Bodies, of theACls in thefe words. O ur L ord
T he K ing by the affent of the Lords fpirituall and temporal!, and
the Commons in Parliament affemb/ed, And by the authority of the
fame, Hath O rdai ned.
Unto this Kings time we find the Commons very often petition
ning,but not petitioned unto. The firft Petition made to the Com-
mons that I meet with among the Statutes, is but in the middle
of this King Hen. 7. raign, which was fo well approved, that the
Petition it felf is turned into a Statute: It begins thus, To the
Ri ght W oe ship ful C ommons in this prefent Pari: ajfem-
bled:SheVi>eth to jour difcreet wifdoms, the Wardens of the Jr ellotvfb'tp
of the craft ofZJpholflers within London, &c. This Petition, though
it be directed to the Commons in the Title; yet the prayer of the
Petition is turned to the King, and not to the Commons : for it
concludes, it may pleafe the Kings Highnefs by the advife of
the Lords gpirituall and temporal,and His (fomons in Parliament,&c+
Next for the Statutes of Hen. 8. they do moft part agree both in
their Titles, and the bodies of the ACts with thofe of his Father
King Hen. .7.
Laft!y,in the Statutes of Edw.6.Q^JMaryQHliz>abeth,Y..james,
and of our Soveraign Lord the King that now is, there is no men-
tion made in their titles of any Affent of Lords and Commons,
or of any ordaining by the King, but only in generall tearms it is
faid, A els made in Parliament: or thus, At the Parliament were e-
nailed: yet in the bodies of many of the Adts of thefe laft Princes,
there is fometimes mention made of confent of Lords cPComonsfin
thefe or the like words, It is enabled by. the King, with the affent of
the Lords and (fommons ; Except onely in the Statutes of our
Lord K. (fharles, wherein there is no mention that I can find of
any confent of the Lords and Commons; onordaining by the
King : But the words are, Be it enabled by Authority of Parka-
ment: or elfe. Be it enabled by the King, the Lords fpirituall and
temporall, and Comons • as if they were all fellow Commiflioners.
Thus it appears, that even till the time of K. Edw.6. who lived
but in our Fathers daies, it was punctually exprefled in every
Kings
The Tree-holders grand Tnquejl-. 5 5
Kings Laws that the Statutes and Ordinances were made by the
King. Andwithall we may fee by what degrees the ftilcs, and
titles of Arts of Pari: have bin varied, and to whofe difadvantage.
The higher we look, the more abfolute we find the power of
Kings in ordaining Laws: nor do we meet with at firft fo much
as the affent or advife of the Lords mentioned. Nay, if we call:
our eye upon many Statutes of thofe that be of mod antiquity,
they will appear as if they were no Laws at all; but as if they had
been made only to teach us, that the punifhments of many offen-
ces were left to the meer pleafure of Kings. The punitive part of
the Law, which gives all the vigor and bind ing power to the Law,
we find committed by the Statutes to the Kings meer will and
pleafure, as if there were no law at all. I will offer a few prece-
dents to the point:
3 Sdw. I. c. p. faith, that Sherifs, Coroners, and Baylifs, for con-
ceding of Felonies, fhall make grievous Fines AtThe Kings
Pleasure.
Chap. 13. ordains that fuchas he found culpable of ravifsing of
Women, ,/W/Fine AtThf Kings Pleasure.
Chap. 15. faith, the penalty for detaining a Prifoner that is main-
pernahleisa^itm At The Kings Pleasure, or agrievous .
amercement to the King, and he that fhall take reward for delive-
ranee offuch, [hall he at ffeGREATMERCtOFTHE King.
Offendors in "Parks or Ponds, fhall make Fine s At The Cap. 20.
Kings Pleasure.
Committers of Champerty, and extortioners, are to he Puni- Cap. 2
shed At The Kings Pleasure.
Purveiors net paying for what they take, fhall he Gri e vous l y Cap. 31.
Punished At Th-e Kings Pleasure.
TheKiNG Shal Puni sh Grievous ly the S her iffe, and. Cap. 32.
him that doth maintain quarrels.
The King fhall grant attaint in Plea of land where it fhallfcem to ^ , „
him neceffary.
7 Edw. 1. faith, Whereas of late before certain perfons deputed to
treat upon debates between Vs and certain Great men, it was accor-
dedthat in our next Parliament provifon fall he made byVs, and
the common affent of the Prelats, Earls, and "Barons, that in all Par-
liaments for ever., every man fhall come without force, and armour.
F l <eAnd
Tfo Free-folders grand Iuquejl.
Andnow in our next Parliament the Prelats, Earls, Barons, and
Commonalty have [aid, that ro Us It Be iongethThrodgh
Our Royali Signory, Straitly To Defend
Forc e Of Armour AtAliTimes, When It Shall
Please Us, And To Puni shThemWhichShal Do
Otherwise, And Hereunto They Are Bound To
Aid Us Their Soveraign Lord At All Seasons
When Need Shal Be.
13 Edw. i. Takers away of Jgynsfrom religions HoufesR ined
At The King s Wi l.
If by default of the Lord that will not avoid the DikefUnder^oodls,
and bu/bes in high-waies, murder be done, the LordJball make Fin £
At The Kings Pleasure.
28 Edw. i. If aGo-ld-fmith be attainted for not affaying, tench-
ing, and working Veff?Is of Gold, he Jhall be Pun i shed by Ran -
some At The Kings Pleasure.
2 Hen. 4. The Commons define they may have Anfvcer of their Pe-
titions before the gift of any Subfidy ; to which the King anffters, He
would confer with the Lards, and do what Jhotdd be bejl according to
their advife, and the lafl day of Parliament He gave this anftoerjthat
That Manner Of Doing Had Not Been Seen, Nor.
Used In N©Time Of His Progenitors Or Prede-
G E s s o r s, that they,jhould have any anfwer of their Petitions, or
knowledge of it before they have fbewed, and finijhed all their other
bufneffe of Parliament, be it of any grant, bufineffe, or othcr\X>ife, and
therefore the Kin g Would Not In Any Waies Change
The Good Customs And Usages Made And Used O f
Ancient Times.
5 Hen. 4. c.6. Whereas one Savage did beat, and maime one Rich-
ard Chedder Efjuire, meniall Servant to Tho: Brook Knight of
the Shire for Somerfet-Jhire, the Statute faith, Savage fhall make
Fine And Ransome At The Kings Pleas ur e.
8 Hen. 4. it is faid, POTEST AS PRIdgfHPIS EST
PlgCLUS A LEG IB OS, the power of the Prince is not included in
the Laws.
13 Hen. 4. nu. 20. we read of a reflitution in bloud, and Lands
o/Wii'iiam Lafenby, by the King by the affeut of the Lords ffirituall,
andCommons; omitting the Lords temporally
3 Hen, 5.
The Tree-holders grandInqueft. g 7
j* I 2 He#. f. in a Law made, there is a claufe, that it is the Kings
regalty to grant or deny fuck of their Petitions as pleafeth Him-
*» felf.
iil l 6 Hen.6. c.6. An Ordinance was made for to endure As Long
l Do AsIt Shal Please The King.
; * j T o 11 Hen.j, c.i. hath this Law, The King our fovera'tgn Lord, cal-
tM ling to His remembrance the dutj of Allegiance of His Sub jells of this
His Realm, and that by reafon of the fame they are bound to firve
JlStt their Prince and fiveratgn Lord for the time being in His rears, for
the defence of Him, and the Land, againfi every rebellion, power, and
might reared againfi Him, and with Him to enter and abide in fir-
vice in bataile if cafe fi require; and that for the fame fervice, what
fortune ever fall by chance tn the fame Battaile againfi the mind and
*f, »■ will of the Prince (as in this land fometimes gaffed hath been feen)
ijti, that it is not reafonable, but againfi all laws, reafon, and good confci-
ence, that the fitid Subjetts, going with their fiveraign Lord in wars,
■thirl attending upon Him in His Perfon, or being in other places by His
\trs. \ commandement within the land, or without, any thing fhould lofe or
'oriiii forfeit for doing their true duty andfervice of Allegiance, It be there-
\rrfi fore enabled, that no perfon that fhall attend upon the King, and doe
s , N t or Him true fervice fhall be attainted therefore ofTreafon, or any other
fUDV offence by All of Parliament, or otherwifi.
jtitWs), 1 Alfo the 18. Chap, of the fame"year faith, Where every Sub-
Sitfini yell by the duty of his Allegiance is bounden to ferve and affifi his
, Prince andfoveraign Lord at allfeafons when need fall require, and
(j t ygl bound to give Attendance upon His Roy all Perfon, to defend the fame
TjjjjQi "When HefhaSfortune to go in Perfon in Dear fir defence of the Realm,
or againfi His rebels and enemies, for the fubduing and repreffing of
??1 , f them, and their malitious purpofe.
■fa, j/ ; fhrifiopher Wray Serjeant at Law, chofea Speaker, 13. <?£*,,
' , 7^ in his Speech to Her Majefty, faid, that for the orderly govern-
ment of the Common-wealth, three things were neceffary ;
rnssi 1 - R f l f cn -
Urn 3 -
3. Law.
j fa By the firfl, We are taught not only our duty to God, but to obey the
t tn! fifuee-n, and that not onely in temporall but in ffirituall, in which Her
■ " power is abfohtte.
M F3 Mr.
■ i''-
38 The Free-holders grand Inquefi,
Mr. Crivel in the 3 <. £liz» faid in Parliament, heliftednot the
making of many Laws • fin:e the more^fe make, the lejfe liberty we
have our [elves ; Her Afajefly not being bound by them.
For further proof that the Legiflative power is proper to the
Co^c. King, we may take notice that in ancient time, as Sir Edw. (Joke
laith, All Aids of Parliament were inform of Petitions : if the Peti-
tions were from the Commons, and the Anfwer of them the
King?, it is eafie thereby to judge who made the Ad: of Parlia-
CUnvil. ment: Alfo Sir fo.Glanvil affirms,that in former times the courfe
of petitioning the King was this, The Lords and Speaker either by
"words or writing, preferrd their Petition to the King } this then Voas
called the Bill of the Commons, Vehich being received by the King,
part He received, and part He put out , part He ratifiedfor as it
came from Him, it was draVen into a Law.
Alfo it appears that provifions, Ordinances, and proclamations
made heretofore out of Parliament have been alwaies acknow-
ledged for Laws, and Statutes: We have amongft the printed
<ihmc.'Egenm Statutes, one called the Statute of Ireland, dated at Wefiminfier,
9 Feb. 14 Hen. 3. which is nothing but a Letter of the King to Ge-
rard fon of Maurice Jufticer of Ireland.
The explanations of the Statute o/Gloucefter made by the King
and His fuftices only, were received alwaies for Statutes, and are
ftill printed with them.
Alfo the Statute made for the corredion of the 12. Chap, of
the Statute of Gloucefter, was figned under the Great Seale, and
fenttothejufticesofthe Bench after the manner of a Writ pa-
tent, with a certain Writ clofed, dated by the Kings hand at
Wefiminfier, 2 Mail. 9 Edw. 1. requiring that they Jhoulddoe and
execute all and every thin% contained in it, though the fame doe not
accord with the Stat. e/Gloucefter in all things.
The provifwns of Merton made by the King at an Aifembfy of
Prelats, and the greater part of the Earls and Barons for the Co-
ronation of the King , and His Queen Elinor, are in the form of a
Proclamation, and begin provijum eft in Curia domini Regis apud
Aferton.
39 Hen. 3. a provifion was made,^ affi[a ultima pr&fentationis,
which was continued and allowed for a Law untiil xhcStat. of
Weft. 2. which provides the contrary in exprefle words.
In
The Free-holders grand biquejh
In the old Statutes it is hard to diftinguifh what Laws were
made by Kings in Parliament, and what out of Parliament: when
Kings called Feers only to Parliament, and of thofe how many,
or whom they pleafed, ( as it appears anciently they did ) it was-
no eafie matter to put a difference between a Councel table, and
a Parliament: or between a Proclamation, and a Statute : Yet it
is molt evident that in old times there was a diftindtion between
the Kings Jpeciall or Privy Councell, and His Common Councell of
the Kingdome : and His fpeciall CouncelPdid fit with the Peers
in Parliament, and were of great and extraordinary authority
there.
In the Stat, of Weft. i. it is faid, thefte are the ASls ofK. Edw.r.
made at His firft Parliament by His Coun cei, and by the ajfent
ef Bifhops, Abbots, Friars, Saris, Barons, and all the (fommonalty of
the Realm.
The Stat, of ABan Burnellhuh. thefe words, The Ki n g For
Himself, And By HisCounce l, Hath Ordained
And Established.
In articulis fuper Chartas, when the Great Charter was confir-
med at the requeft of the Prelats, Earls, and Barons, are found
thefe two provifions,
I. Nev erthelejfe the KittG And HisCounce l doe not in-
tend by reafon of this Statute to diminifb the Kings right.
i. Notwithftanding all thefe things before mentioned, or any part
cfthem, both the King and His gouncell, and all they that Veere pre-
fent, Will and intend that the right and Prerogative of, His Crown
fball be ftaved to Him in all things.
The Stat, of Efcheators hath this title, At the Parliament of our
foveraign Lord the King, By His Councell it was agreed, and alfo
by the King Himfelf commanded.
i £. Iw. 3. where Magna Chart a was confirmed, this preamble
is found, At the 1 equeft of the Commonalty by their Petition made
before the K 1 n g And His Coun c e l in Parliament, by the aft-
fent of the Prelats, Saris, and Barons, &c.
The Stat.m ade at Tor If, 9 Sdw.y. goeth thus, whereas the
Knights, ffitizens, and Bserge[fes deftred Our foveraign Lord the
King in His Farliament by their Petition, (Ac. Our foveraign Lord
the King defining the profit of His people, By the ajfent of His Pre-
tats,,
40 The Free-holders grand Inqueft.
lat's, £arls, Barons, and other Tftobles of His Realm, andbj the ad-
vife of HI s C oun c E L being there, Hath ordained.
25 Edw. 3. In the Stat, of Purveyors, where the King, at the
rcquesl of the Lords and Commons, made a Declaration what 0fences
Jl:Oldd he adjudged Treafan : It is there further faid, ifper-cafe any
man ride Armed with Men of Armes againft any other to flay him, or
rob him, It is not the M ind O f T he K ing , O r O f H is
C oun c e l : that infuch cafes it Jhall be adjudgedTreafon. By this
Stat, it appears, that even in the cafe of Treafon, which is the
Kings own caufe, as whereas a man doth compaffe, or imagine the
Death of Our Lord the King, or a man doe Wage War againft Our
Lord the King in His Realm, or be adherent to the Kings enemies in
His Realm, giving to them aid or comfort in the Realm, or elfwhere;
in all thefe cafes it is the Kings declaration onely that makes it to
be Treafon: and though i't be (aid. that difficult points of Treafon
■ be brought and Jbcwed to the King, and Hk Parliament, yet it
is faid, it is the mind of the King and His Councell, that determins
what Jhall be^, adjudged Treafon, ana what Felony, or trejpajfe.
iqEdW. 3. The Commons prefenting a Petition toth e King
which the Kings (founcell did miflike, were content thereupon to
amend and explain their Petition : the Petition hath thefe words,
To their moft redoubted Soveraign Lord the King, Praying, Tour
faid Commons, that whereat they have prayed him to be difcharged
of all manner of Articles of the Syre, Crc. which "Petition feemeth to
His Comcell to be prejuditia/l unto Him, and in Diftnherifon of his
(frown if it Were fo generally granted. His Jaid Commons not Willing
nor deftring to demand things of Him, or of His Crown perpetually,
as ofSfcheats, (Jrc. But of trejpaffes, mi/priftons, negligences, igno•
ranees , (Jrc.
And as in Parliaments the Kings Councel were of fuperemi-
nent power, fo out of Parliament Kings made great ufe of them.
King £dW. 1. finding that Bogs de Clare was difchargedof an
accufation brought againft him in Parliament, commanded him
neverthelefl'e to appear before Him and His Councel, ad facien-
dura (Jr recipiendum quod per Regem & ejus (foncilium fuerit faci-
'endum, and fo proceeded to the examination of the whole caufe,
8 Edw.i.
SdW; 3. In the Star-charaber ( which was the ancient Councel-
table
The Free-holders grand Inquejl.
table at JVefiminfier) upon the complaint of Eliz~ Audley, com-
manded James fyFudley to appear before Him and His Councell,
and determined a controverfie between them touching land con-
tained in her Jointure, Rot.clauf.de An.qi.Edw.y.
Hen.'), in a fute before Him and His Councell, For the titles of
the Mannors of Serre and Saint Laurence in the Ifle of Thenet in
Kent , cook order for the fequeftring the profits till the right were
tried.
Hen. 6. commanded the Juftices of the Bench to (fay the ar-
raignment of one Verney in London, till they had other command-
men tfrom Him and His Councell, 34 Hen.6. rot.^j. in banco.
Edw. 4. and His Councell in the Star-chamber heard the caufe
of the Matter and poor Brethren of Saint Leonards in Forks, com-
plaining that Sir Hugh Haftlngs , and others,withdrew from them
a great part of their living, which confifted chiefly upon the ha-
ving of a thrave of corn of every plow-land within the Counties
of Fork?, SVefimorland, (fumberland, and Laneajhire, Rot. pat. de
an.8. Sdw.<\.part.y,.memb.W s .
Hen. 7. and His (founcel in the Star-chamber, decreed, that
Margery and Florence Becket fhould fue-no further in their
caufe againft Alice Radley Widow, for lands in Wolwich and
Plumfied in Kent, for as much as the matter had been heard firft
before the Councel ofSdVe. 4. after that before the precedent of
the Requefts of that King Hen.y. and then laftly before the Corn-
eel of the faid King, 1 Hen.j.
In the time of Hen. 3. an order or provijion was made by the
Kings Conncel , and it was pleaded at the Common Law in Bar to
a Writ of Dower the Plaidtifs Atturney could not deny it, and
thereupon the judgment was, ideo fine die . It feems in thofe daies
an Order of the Kings Councel, was either parcell of the Com-
mon Law, or above it.
Alfo we may find, the Judges have had regard that before they
would refolve or give Judgement in new cafes, they confulted
with the Kings Privy Councel.
In the cafe of Adam Brabfon who was afl'aulted by R. IV. in the
prefence of the Juftices of Aflife at Wefiminftery. he Judgeswould
have the advice of the Kings (founcel: for in a like cafe, becaufe
R, C. did ftrike a Juror at yveftminfter which patted againft one of
G his
The Free-holders grand Ivquejl,
his friends, It was adjudged by all the Councel that his right hand
fhould be cut off, and his lands and goods forfeited to the King.
Green and Thorp were fent by the Judges to the Kings Course el,
to demand of them whether by the Stat, of 14 SdVr. 3.16. a word
may be amended in a Writ : and it was anfwered that a word may
be well amended, although the Stat A peaks but of a Letter or
Syllable.
In the cafe of Sir %ko: Ogthred, who brought a formedon againft
a poor man and. his wife •, they came and yeilded to the deman-
danr, which feemed fufpitious to the Court; whereupon Judge-
ment was ftaid, and Thorp faid that in the like cafe of Gjles Blac~
ket it was fpoken of in Parliament, and we were commanded
that when any like fhould come we fhonld not go to judgment
without good advice ; therefore the Judges conclufion was, Sues
an counfeil & comment ils voilent que nous devomus faire, nous vo-
lums faire & autrement nient en cefl cafe, fue to the Councel,
and as they will have us to do, we will do j and otherwife not in
this cafe, 39 SdVe.3.
Thus we fee the Judges themfelves were guided by the Kings
(fcancel and yet the opinions of Judges have guided the Lords in
Parliament in point of Law.
All the Judges of the Realm, Barons of Exchequer of the
Quoif; the Kings learned Councel, and the Civilians, Mailers of
Chancery, are called Temporall Ailiftants by Sir Sdw. (feke, and
though he deny the voices in Parliament, ytt he confefleth, that
by their Writ they have power both to treat, and to give Connfel.
I cannot find that the Lords have any other power by their
Writ: the words of the Lords Writ are, That you be prefent With
Us the Prelats, Great men, and Peers, to treat and give your Conn-
fel: The words of the Judges Writ are, that you be prefent with
Us, and others of the Councel (and fometimes with Us onely ) to
treat and givey^ur Com fel.
Theludgesufually joyned in Committees with the Lords In
all Parliaments, even in Q \8liz,. Raign, untill Her 39 year; and
then upon the 7. of Tfovember , the Iudges were appointed to at-
tend the Lords. And w'hercas the Iudges have liberty in the upper
Houfe it felf, upon leave given them by the L. Keeper, to cover
themfelves, now at Committees they fit alwaies uncovered.
The
6-
The Free-holders grand Lnfttejl. ^
The power of Judges in Parliament is beft underftood, if we
confider how the juditiall power of Peers hath been exercifed in
matter of judicature: we may find it hath been the practice,
that though the Lords in the Kings abfence give judgement in
point of.Law, yet they are to be directed and regulated by the
Kings Judges, who are beft able to give dire&ion in the diffi-
cult points of the Law ; which ordinarily arc unknown to the
Lords. And therefore, if any errour be committed in the Kings
bench, which is the higheft ordinary Court of Common Law in
the kingdome, that Errour muft be redrefted in Parliament. And
the manner is, faith the Lord Chancellour Egerton, if a Writ of
Errour be feed in Pari, upon a judgement given by the Judges in
the Kings bench, the Lards of the higher Houfe alone (without the
Commons) are to examine the Errours. The Lords are to proceed
according to the Law, and for their Judgements therein they are to be
informed by the advice and counfel of the Judges, who are to inform
them what the Law is, and to dire Id them in their Judgement; for
the Lords are not to follow their own difcretion or opinion other-
wife.
28 Hen.6. the Commons made fate that W.de la Poole D.ofSuf-
folke, fhould be committed to prifon for many Treafons, and other
crimes ; the Lords of the higher Houfe were doubtful what anfwer to
give: the opinion of the Judges was demanded, their opinion was,
that he ought not to be committed, for that the Comons did not charge
him with any particular offence, but with generaU reports and flan'
ders: this opinion was allowed.
31 Hen. 6. A Parliament being prorogued, in the vacation the
■Speaker of the Houfe of Commons was condemned inathoufand
pounds damages in an aftion of Trefpas, and committed to Pri-
ion in execution for the fame: when the Parliament was re-af-
fembled, the Commons made fute to the King, and Lords,to have
their Speaker delivered. The Lords demanded the opinion of
the Judges, whether he might be delivered out of Prifon by
priviledge of Parliament; upon the Judges anfwer it was con-
eluded, that the Speaker fhould remain in Prifon according to the
Law, noftoithftanding the priviledge of Parliament, and that he Vejts
Speaker: which refolution was declared to the Commons by
CHojle the Kings Serjeant at law, and the Commons were com-
G 2 manded
^ The Free-holders grand Inquefl.
manded in the Kings name by the Bifhop of Lincolne (in the ab=
fence of the Archbifhop of Canterbury, then Chancellour) to
chufe another Speaker..
7 Hen. 8. A queftion was moved in Parliament, whether Spi-
rituall perfons might be convent ed before Temporall fudges for cri-
minall caufes ? there Sir John Fineux and the other Iudges delive-
red their opinion, that they might and ought to be, and their opinion
a/lowed and maintained by the King and Lords, and Dr. Standifih
who before had holden the fame opinion,Was delivered fro the Bijhops,
I find it affirmed, that in caufes which receive determination in
the Houfe of Lords, the King hath no Vote at all, no more then in o-
ther Courts of minifter talljttrifdiBioru True it is, the King hath no
Vote at all if we underftand by vote, z voice among others : for
He hath no partners with Him in giving judgement. But if by no
vote is meant He hath no power to judge; we defpoile Him of
His Soveraignty : It is the chief mark of Supremacy to judge in
the higheft caufes, and laft appeals. This the Children of Ifrael ful
wel underftood,when they petionedfor a King to judge themA f the
dernier refort be to the Lords alone,then they have the Suprema-
cy„ But zs-Mofes by chufing Elders to judge in fmall caufes, did
not thereby lofe his authority to be Iudge himfelf when he plea-
fed, even in the fmalleft matters; much lefle in the greateft which
he referved to himfelf: fo Kings by delegating others to judge
under them, do not thereby denude themfelves of a power to
judge when they think good.
There is a diftinftion of thefe times, that Kings themfelves may
.not judge, but they may fee and loof to the fudges, that they give
judgement according to LaW; and for this purpofe cmely (as fome
fay)Kings may fometimes fit in the Courts of juftice. But it is not
poffible for Kings to fee the Laws executed, except there be a
power in Kings both to judge when the Laws are duly executed,
and when not; as alfo to compell the Iudges if they do not their
duty. Without fuch power a King fitting in Courts is but a moc-
kery, and a fcorn to the Iudges. And if this power be allowed
to Kings, then their judgements are fupream in all Courts. And
Crompm, indeed our Common Law to this purpofe doth prefume that the King
hath all Laws Within the (fabinet of His breafi, in Scrinio peBorts,
&ith,Cr omptons Iurifdidfion, 108.
When
The Free-holders grand Inqueft.
When feverall of our Statutes leave many things to the plea-
fare of the King, for us to interpret all thole Stat, of the will and
plea/are of the Kings tiflices only, is to give an abfolute arbitrary
power to the Iuftices in thofe cafes wherein we deny it to the
King.
The Statute of 5 Hen.q.c. 2. makes a difference between the
King, and the Kings Juflices in thefe words, Divers notorious Fe-
tons he indifted of divers Felonies,Murders, rapes: and as well he-
fore the Kings j aft ices, as before the King Himfelf, arraigned of the
fame Felonies.
I read that in an.12^ 6. Hen. 3. fat in the Exchequer, and there
Jet down order for the appearance of Sherifs, and bringing in their
accounts ; there was five marks fet on every Sherifs head for a fine,
becauCe they had not defirained every perfon that might difpend five-
teen pounds lands by the year, to receive the order of Knighthood, ac-
cording as the fame Sherifs were commanded.
In Michaelmas terme 1462. Edrv. 4. fat three daies together in
open Court in the Kings bench.
For this point there needs no further proofs, becaufe Mr. Pryn p t
doth confefle, that Kings themfelves have fat in Ferfon in the
Kings bench, and other Courts, and there given judgement, p. 32.
Treachery and difloyalty, &c.
Notwithftanding all that hath been faid for the Legiflative and
Iuditiall power of Kings, Mr. Pryn is fo far from yeilding the
King a power to make Laws, that he will not grant the King a
power to hinder a Law from being made; that is, he allows Him
net a negative voice in moft cafes, whichis due to every other,
even to the meaneft Member of the Houfe of Commons in his
judgement.
To prove the King hath not a negative voice, his main, and in
truth his only Argument infilled on, is a Coronation Oath, which is
faid anciently fome of our Kings of Englandhive taken, wherein
they grant to defind and protttt thejufi Laws and Cufioms, which the
vulgar hath, or fhall chufe: fuftas leges & confuetudines quas vul-
gut elegerit: hence Mr .Pryn concludes, that the King cannot de-
ay any Law which the Lords, and Commons fhall make choice
of 5 for fo he will have valgus to flgnifie.
Though neither our King, nor many of His predecdfors ever
G j took.
46 The Tree-holders grand Inqueft.
took this Oath, nor were bound to take it for ought appears;
yet we may admit that our King hath taken it • and anfwer, we
may be confident that neither the Bifhops, nor Privy CouncelI ?
nor Parliament, nor any other vvhofoever they were that framed,
or penn'd this Oath, ever intended in this word valgus the Com-
mons in Parliament, much leffe the Lords : they would never fo
much difparage the Members ©f Parliament, as to dilgrace them
with a title both bafe, and falfe: it had been enough, if not too
much to have called them peptdus, the people ; but valgus, the vul-
gar, the rude multitude (which hath the Epethite of ignobile vul-
gw) is a word as difhonourable to the Compofers of the Oath to
give, or for the King to ufe, as for the Members of theParlia-
■merit to receive ; it being mod: falfe: for the Peers cannot be Vul-
■gas, becaufe they are the prime perfons of the Kingdom : next,
-the Knights of the Shires are, or ought to be notable Knights, or
notable Sfquires, or Cjentlemen, born in the Counties, as Jball be able
to be Knights : then the Citizens and Burgejfes are to be moft fuf-
ficient, none of thefe can be valgus: even thofeFree-holders
that chufe Knights are the beft, and ableft men of their Counties;
there being for every Free-holder, above ten of the Common
people to be foundto be tearmed the Vulgar: Therefore it refts
that valgus muft fignifie the vulgar or common people , and not the
Lords and Commons.
But now the doubt will be, what the Common people, or vul-
gas out of Parliament, have to do to chufe Laws V The Anfwer is
cafie and ready; there goeth before, qtoas valgus, the antecedent
tonfuetudmes, that is, the Cuelvms rvhich the Vulgar hath, or Jhall
chafe • Do but obferve the nature of Cuftome, and it is the Valgus
or fommon people only who chufe fusloms: Common ufage time
out of mind cfeatsa Cuftom, and the commoner an ufage is, the
Wronger .and the better is the Cuftome : no where can fo ccm-
mon an ufage be found, as among die Vulgar, who 1 are ftillthe
•fargreateft part of every multitude: if a Cuftome be common
•through the whole Kingdom, it is all one with the Common Law
of England, which is faid to be Common Cuftome, thus in plain
tearms to protect the Guftotm Vohich the Vulgar chufe, is to fwear to
proteft the Common LaVos cfEng'and.
But grant that Valgus in the Oath, fignifks Lords and Com-
mons,
The Free-holders grandInqueft.
mens, and that Confuetudines doth not fignifie Cuftoms, but Sta-
tutes, (as Mr. Pryn for a defperatc fhift affirms) and let elegerit Pryn.
be the future, or preterperfed: tenfe, even which Mr. Pryn pleafe,
yet it cannot exclude the Kings negative voice• for as Confuetu-
dives goeth before yuas valgus, fo doth juftas ftand before leges
& confuetudines: fo that not all Laws, but only all juft Laws are
meant. If the fole choice of the Lords and Commons, did oblige
the King to proted their choice, without power of Denial!, what
reed, or why is the word juftas put in, to raife a fcruple that fome
Laws may be unjuft ? Mr. Pryn will not fay that a Decree of a
Generall Councel, or of a Pope is infallible, nor I think a Bill of
the Lords and Commons is infallibly juft, and impoflible to erre;
if he do, Sir £dw.(foke will tell him that Parliaments have been at- C'fe.
terly deceived, and that in cafes of great eft moment, even in cafe of
High Treafon: and he calls the Statute of n Hen. 7. an unjuft
andftrange tHcl. But it may be Mr. Trjn will confefle that Laws
chofen by the Lords and Commons may be unjuft,fo that the Lords
and Commons themfelves may be the judges of what is juft, or
unjuft. But where a King by Oath binds his Confcience to protefl
juft laws, it concerns Him to be fatisfied in His own confcience,
that they be juft,and not by an implicit faith, or blind obedience:
no man can be fo proper a Iudge of the juftnefle of laws, as he
whofe foul muft lie at the ftake for the defence and fafegard of
them.
Befides in this very Oath the King doth fwear, to do equalland
right juftice and diferetion, in mercy and truth in all His Judgements:
fades fieri in omnibus judiciis tuis ay nam & retlam juftitiam &
difcretionem in miferecordia & veritate ; if we allow the King
diferetion and mercj/ in His Judgements, of necelffity he muft judge
of the juftnefle of the Laws.
Again, the claufe of the Oath, yuas valgus elegerit, doth not
mention the aflenting unto, ox. granting any Laws, but of hoi-
ding, prot elding, and ftrengthning with all his might, the juft laws
that were already in being: there were no need of might or
ftrength, if aflenting to new Laws were there meant.
Some may wonder, why there ftiould be fuch labouring to deny
the King a negative voice, lance a negative voice is in it felf fo poor
a thing; that if a man had all the negative Voices in the King-
dome,
jjf
Pi
>'&* f 1
it m
48
Bra Hon.
The Free-holders grand Inqucjl.
dome, it would not make him a King ; nor give him power to
make one Law : a negative voice is but a privative power, thads,
no power at all to do or a<5t any thing; but a power only to hin-
der the power of another. Tfe natives are of fuch a malignant or
deftruttive nature, that if they have nothing elfe to deftroy, they
will, when they meet, deftroy one another, which is the reafon
why two negatives make an affirmative, by deftroying the nega-
tion which did hinder the affirmation *. A King <with a negative
voice onely, is but like a Syllogifme of pure negative proportions,
which can conclude nothing. It muft be an affirmative voice that
makes both a King, and a Law, and without it there can be no
imaginable government.
The reafon is plain why the Kings negative voice is fo eagerly
oppofed: for though' it give the King no power to doe any
thing; yet it gives Him a power to hinder others : though it
cannot make Him a King, yet it can help Him to keep others
from being Kings.
For conclufion of this difcourfe of the negative voice of the
King , I fhall oppofe the judgement of a Chief Juflice of England,
to the opinion of him that calls himfelf an utter Barifier of Lin-
coins Inne, and let others judge who is the better Lawyer of the
two: the words are Braftons , but concern Mr. Pryn to lay them
to heart; Concerning the (fharters and deeds of Kings, the Juflices
nor private men neither ought, nor can diffiute ; nor jet if there rife
a doubt in the Kings Charter, can they interpret it; and in doubtfull
and obfeure points, or if a Word contain two fenfes, the Interpretation,
and will of our Lord the King in to be expelled, feeing it is His part
to interpret who makes the Charter : full well Mr. Tryn knows,
that when Bratton writ, the Laws that were then made, and ftri-
ved for, were called the Kings [fbarters , as Magna Charta, (fhar-
ta de Fore fa, and others : fo that in Brattons judgement the King
hath not only a negative voice to hinder, but an affirmative to
make a law, which is a great deal more then Mafter Pryn will al-
low him.
Not only the Law-maker , but alfo the fole Judge of the people is
the King , in the judgement of Br alien, thefe are his words, Rex
& non alius debet judicare f folus ad id'fttfficese pojft, the King and
no other ought to judge if He alone were able. Much like the
words
r _.,_
The Free-holders grand Inquejl,
words of BraBon, fpeaketh Briton, where after that he had fhevv-
ed that the King is the Viceroy of God, and that He hath diltribu-
ted his charge into funder portions, becaufe He alone is not fiiffi-
cient to hear all complaints of His people, then he addeththefe
words in the perfon of the King: ijjous velons que noflre jurifi-
diBion foitjur touts furifdiBions, &c. We :will that Our furifidiBi-*
on he above all the furifdiBions of Our Realm, Jo as in all manner of
Felonies, trepajfes, contraBs, and in all other aBions perfonall or reall
we have forcer toyeild, or caufe to be yeilded, fitch judgements as do
appertain without otherprocejfe, wherefoever we knoVe the right truth
as fudges.
Neither was this to be taken, faith Mr. Lambard , to be meant
of the Kings bench where there is only an imaginary prefence of His
Perfon, but it muftneceflarily be underftood of a JurifdiBion re-
maining and left in the Kings reyall body and breaft, difiinB from
that of His Bench and other ordinary Courts , becaufe He doth im-
mediatly after, feveraliy fet forth by themfelves, as well the au-
thority of the Kings bench , as of the other Courts.
And that this was no new made Law, Mr. Lambard puts lis in
mind of a Saxon law of K .Edgars.iV emo in liteRegem appellato &C.
Let no man in fine appeal unto the King, unlejfe he cannot get right
at home, but if that right be too heavy for him, then let him go to the
King to have it eafed. By which it may evidently appear,that even
fo many years ago there might be appellation made to the- Kings
Perfon Vehenfiever the c'aUfe Jhoitld enforce it.
The very like Law in effedl is to be feen in the Laws of (fanutus
the Dane, fometimes King of this Realm, out of which Law Ma-
fter Lambard gathers, that the King Himfelf had a High Court of
fuftice, wherein it feemeth Hefat in Perfon, for the words be, let
him not feehjo the King, and the fame Court of the King did judge
not only according to meer right and law, but alfo after equity
and good confcience.
For the dofe I fhall end with the fuffrage of our late Antiqua-
ry Sir Hen: Spclman , in his Glojfary, he faith, Omnis Regni fuftitia
film Regis efi , &c. all fuftice of the K ingdom is only the Kings, and
He alone if He were able Jhould adminifter it, but that, being impofi-
ftble He is forced to delegate it to Minifters tyhom he bounds by the
limits of the Lawsj the poftive LaWs are onely about generals,in par-
H ticular
4? The Free-holders grandInquefl.
ticular cafes they are fomtimes too ftriElfomtimes too remiffe, and ft
oft Wrong in fiead of right -will he done if we ft and to ftriEl Law : alfo
Caufes hard and difficult daily arife Which are comprehended in no
Law hooks, in thofe there is a necefftty of running bacf to the King,
the fountain ofjuftice, and the Vicegerent ofGodhimfelf, who in the
Common-wealth of the JeWs toofficch caufes to His own cognifanct,
and left to Kings not onely the example of fitch furifdiflion, hut the
"Prerogative alfo•
OfTriyHedge of P ar
LIAMENT.
WHat need all this adoe, will Tome fay, to fift
outwhatiscomprifed in the Writ for the
ele&ion of the Commons to Parliament,
fince it is certain, though the Writ do not, yet Priviledge
of Parliament gives fumcient power for all proceedings
of the two Houfes i It is anlwered, that what flight e-
fteem fo ever be made of the Writ, yet in all other cafes
the originall Writ is the foundation of the whole bufi-
neffe,or a&ion: and to vary in fubftance from the Writ,
makes a nullity in the caufe, and the proceedings there-
upon: and where a Comiffioncr cxercifeth more power,
then is warranted by his Commiffion, every fuch aftis
void, and in many cafes punifliable: yet we will lay a-
fide the Writ, and apply our felves to confider the na-
tureof Privtledge of Parliament. The task is the more
difficult,for that we are not told what the number ofPri-
viledges are, or which they be ; fome do think that as
there be dormant Articles of faith in the Roman Church,
which are not yet declared - 7 fo there be likewife Privi-
ledges
The Tree-holders grand Inqueft.
ledges dormant in the Houfe of Commons not yet re-
vealed, we muft therefore be content in a generality to
difcourfc of the quality or condition of Priviledgeof
Parliament, and to confine our felves to thefe three
points:
1. That Privilcdge of Parliament gives no power, but
onely helps to the execution of the power given -by the
Writ.
2. That the Free-holders by their eleftions give no
priviledge.
3. That Priviledge of Pari, is the gift of the King.'
Firft, the end or fcope of priviledge of Parliament
is not to give any power to do any publick aft, not war-
ranted by the Writ: but they are intended as helps only
to enable to the performance of the duty enjoyncd, and
fo are fubfervient to the power comprifed in the Writ:
For inftance, th e grandpriviledge of freedome from Ar-
refts doth not give any power at all to the Houfe of Com-
mons to do any aft; but by taking away from the Free-
holders and other Subjefts the power of Arrcfts, the
Commons are the better inabled to attend the fervice to
which they are called by the King.
In many other cafes the Servants, orMiniftersof the
King are priviledged, and protefted much in the fame
nature.The Servants in houfhold to theKing may not be
Arretted without fpccial licenfe: Alfo the Officers of the
Kings Courts of Juftice, have a priviledge not to be fued
in any other Court but where they ferve and attend, and
to this purpofe they are allowed a Writ of priviledge.
Likewife all fuch as ferve the King in His wars,or are im-
ployed on forrain affairs for Him, are protefted from a-
ftions, and futes. Nay the Kings proteftion defcends to
the priviledging even of Laundreffes, Nurfes, and (JMid-
H 2 wives.
The Tree-holders grand Inquefi.
wives, if they attendupon the Camp, as Sir Ediv.Cohe
faith, quia lotrix, feu nutrix, feu obfletrix. Befides the
King prote&s His debtors from Arrefts of the Subject
till his own debts be paid.
Thefe forts of protections are priviledges the Cora-
mon Law takes notice of, and allows: and hath feverall
diftindtions of them- and fome are protections yqmapr ofe-
tturws^ and others are, quia moraturus : fome are with a
claufe of 1 volumus for ftay of fuits : others with a claufe
of Nolumw for the fafety of mens perfons, fervants, and
goods :and the Kings Writs do vary herein according to
the nature of the bufinefle.
But none of thefe Priviledges or Protections do give
any power; they are not pofitivej but primative: they
take away and deprive the Subjedt of the power, or li-
berty to arreft, or fue in fome cafes only: no prote&ion
or priviledge doth defend in point of treafon, felony , or
breach of the peace : priviledges are direCtly contrary to
the Law, for otherwife they Ihould not be priviledges,
and they are to be interpreted in the ftri&eft manner, as
being 'odious and contrary to Law : we fee the ufe of privi-
ledges, they doe but ferve as a difpenfation againft law,
intended originally^and principally for the expediting
of the Kings bufinefle; though lecondarily, and by acci-
dent there do fometimes redound a benefit by them to
the parties themfelves that are protefted. Stri&ly, and
properly every priviledge muft be againft a publick or
common law, for there is no ufe or need of a private law
to protect, where there is no publick law to the contrary:
favours and graces which are only befides, but not againfi
the law do not properly go under the name o fPrivilea-
ges , though common ufe doe not diftinguifh them : I
know no other priviledge that can be truly fo called, and
to
The Free-holders grand Inquefl. 5 3
to belong to the Houfe of Commons, which is fo vaft'
andgre^t, as this priviledge of their perfons, fervants,
and goods .* this being indeed againft the Common law,
and doth concern the whole Kingdome to take notice of
it, if they muft be bound by it.
Touching this grand priviledge of freedom from Ar-
refts, I read that in the 33 Hen.8.The Commons did not
proceed to the punifhment of offenders for the breach of
it, until the Lords referred the punifhment thereof to the
Lower Houfe. The cafe is thus reported, George Fer-
rers Gentleman, fervantto the King^ and Burgelfe for
Plymouth, going to the Parliament Houfe was arrefted in
London , by Proceffe out of the Kings Bench for debt,
wherein he had before been condemned as furety for one
Welden at the fute of one White: which arreft fignified
to Sir Tho: Moyl Speaker, and to the reft ; the Serjeant
called Saint-fohns was fent to the Counter in Bread-
Jlreet to demand Ferrers : The Officers of the Counter
refufe to deliver him, and gave the Serjeant fuch ill lan-
guage that they fall to an affray : the Sheriffe coming ta-
keth the Officers part, the Serjeant returned without the
Prifoner : This being related to the Speaker and Burgef-
fes, they would fit no more without their Burgeffe, and
rifing repaired to the Upper Houfe, where the cafe was
declared by the Speaker before Sir Tho: Audely Chancel-
lor, and the Lords and fudges there affembled,who judg-
ing the contempt to be very great, referred the punifhment
thereof to the Houfe of Commons it felf.
This priviledge of freedome from Arrefts is the oncly
priviledge which Sir Edw. Coke finds to belong to the coh
Houfe of Commons •, he cannot, or at leaft he doth not
fo much as name any other in his fediion of zhtpriviled-
ges of Parliament: neither doth he bring fo much as one
H 3 precedent
The Free-holders grand Inqtief.
precedent for the proof of this one priviledgc for the
houfe ofC onions,which may caufe a doubt that this fole
priviledge is not fo cleer as many do imagine. For in a
Parliament in the 27 Eli"^. Richard Coke a Member being
ferved with a Subpena of Chancery, the Lord Chancellor
thought the Houfe had no fuck priviledge for Subpenas as
they-pretended, neither would he allow of any precedents
of the Houfe committed unto them formerly ufed in
that behalf, unleffe the Houfe of Commons could alfo
prove the lame to have been likewife thereupon allowed,
& ratified alfo by precedents in the Court of Chancery,
In the 39 of Elrf Sir Edw.Hobby , and Mr. Brograve A-
torney of the Dutchy, were fent by the Houfe to the
Lord Keeper, in the name of the whole Houfe,to require
his Lord (hip to revoke two Writs of Sub penas , which
were ferved upon M .Th.-Knevit^ Member of the Houfe,
fince the beginning of Parliament. The Lord Keeper
demanded of them,whether they were appointed by any
advifed confideration of the Houfe, to deliver this mef-
fage unto him with the word Required, in fuch manner
as they had done, or no: they anfwered his Lordfhip,
Yea: his Lordfhip then faid.as he thought reverently and
honourably of the Houfe, and of their liberties, and pri-
viledges of the lame, fo to revoke the faid Sub penas in
that fort jv as to refrain Her Afajefly inHer greatefl power,
which is juf ice in the place wherein he ferveth under Her,
and therefore he concluded, as they had required him to
revoke his Wrh, fo he did require to deliberate.
Vpon the 2 2 of February v being Wednefday, 18 Elif.
Report was made by Mr. Attorney of the Dutchy upon
the Committee for the delivering of one Mr .Halls man
that the Committee found no precedent for fetting at
large by the AFace any p erf on in Arref but only by Writ ^nd
The Tree-holders grand Inquefi.
that by divers precedents of Records perufed by the faid
Committee, it appeareth that every Knight, Citizen, or
Rurgefle which doth require priviledge,hath ufed in that
cafe to take a corporall Oath before the Lord Chancel-
lor, or Lord Keeper, that the party for whom fuch Writ
is praied, Came up with him, and was his Servant at the
time of the arreft made. T hereupon M. Hall was moved
by the Houfe to repair to the L. Keeper and make Oath,
and then take a Warrant for a Writ of priviledge for his
Servant.
It is accomptcd by fome to be a Priviledge of Pari: to
have power to examine misdemeanours of Courts of Ju-
Rice, and Officers of State: yet there is not the meaneft
Subjed but hath liberty upon juft caufe to queftion the
mifdemeanour of any Court or Officer, if he fuffer by
them; there is no law againft him for fo doing ; fo that
this cannot properly be called a Priviledge, becaufe it
is not againft any publick law: It hath been efteemed a
great favour of Princes to permit fuch examinations:
For when the Lords were difpleafed with the greatneffe
of Pierce Gavefion , it is faid that in the next Parliament,
the whole Affembly obtain of the King to draw Articles of
their grievances,which they did. Two of which Articles
were, Firft, that allfir angersjhould be banijhed the Courts
and Kingdome: of which Gave (Ion was one. Secondly^
that the bufinejfe of the State Jhould be treated of by the
Councell of the Clergy and Nobles.
In the Raign of King Hen. 6. one M( mer an inftru-
ment of the Duke of York Joy prom if ng the Kentifh men
a reformation , and freedome from taxations , wrought
with the people, that they drew to a head, and made this
Mortimer^othcrwite facke Cade) their Leader: who fty-
led himfelf Captain Mend-all: He prefents to the Par-
liaraent
The Free-holders grand Inqueft.
liament the complaints of the Cdmons, and he petitions
that the Duke of Fork , and fome other Lords might be
received by the King into favour, by the undue pradfifes
of Suffolke and his complices, commanded from his pre-
fence ; and that all their oppofites might be banifhed the
Court, and put from their Offices, and that there might
be agenerallamotion of corrupt Officers: ThcfePeti-
tions are fent from.the lower Houfe to the Upper, and from
thence committed to the Lords of the Kings Privy Coun -
cell, who, having examined the particulars, explode them
as frivolous, and the Authors of them to be prefimptuous
Rebels.
Concerning liberty, or freedome offpeech , I find, that
at a Parliament at Black Fryers in the 14 of Hen. 8.
Sir Tho: More being chofen Speaker of the Houfe of
Commons : He firfi difabled himfelf and then petitioned
the King, that if in communication and reasoning, any man
in the Commons Houfe fouldfpeak more largely then of du-
ty they ought to do, that allfuch 0 fences jhould be pardoned,
and to be entred of record • which was granted. It is obfer-
vable in this Petition, that liberty, or freedom offpeech,
is not a power for men to fpeak what they will,or pleafe,
in Parliament; but a priviledge not to be punifhed, but
pardoned for the offence of fpeaking more largely then in
duty ought to be• which in an equitable conftrudfion niuft
be undtiffiood, of rafh, unadviied, ignorant, or negligent
efcapes,and flips in fpeech: and not for wilfull,malitious
offences in that kind; And then the pardon of the King
was defired to be upon record, that it might be pleaded
in bar to all adtions. And it feemeth that Ric:Strood and
his complices, were not thought fufficiently protected,
for their free fpeech in Parliament, unlefle their pardon
were confirmed by the King in Pad: for there is a printed
fiatute to that purpoie in /Pw.B.time. Touch-
The Tree-holders grand Inqueft.
Touching fireedome of fpeech, the Commons were
warned in QJE/^.daies not to meddle with the £ln. Per-
fon, the State, or Church-government. In Her time the
difcipline of the Church was fo ftri<tt,that the Letany was
read every morning in the Houfe of Commons, during
the Parliament: and when the Commons firft ordered
to have a Fafi in the Temple upon a Sunday, the Queen
hindred it.
21 .fan. Saterday 23. Flif The cafe is thus reported:
M. Paul Wentworth moveth for a publick fet Fail, and
for a preaching every morning at 7 of the clock, before
the Houfe fat: the Houfe was divided about the Faft,
115 were for it,and a 100 againft it; it was ordered, that
as many of the Houfe, as conveniently could,fhould on Sun-
day fortnight after , Affemble and meet together in the
Tem pie Church, there to hear preaching, and to joyn toge-
ther in prayer, with humiliation and fifing, for the aft-
fiance of Godsfpirit in all their confutations, during this
Parliament, and for the prefervation of the fipueens <JMa-
jefiy and Her Realms : And the Preachers to be appointed
by the Privy Councell that were of the Houfe, that they may
bedifcreet, not medling with innovation or unquietneffe.
This Order was followed by a Melfage from Her Maje-
tty to the Houfe, declared by Matter Vice-chamberlain,
that Her Highneffe had great admiration of the rafbneffe of
this Houfe, in committing fuch an apparent contempt of Her
exprejfe command,as to put in execution fuch an innovation
without Her privity or p lea fur e frfl known. Thereupon
Mr. Vice-chamb. moved the Houfe to make humble fub-
mif ion to Her Majefiy, acknowledging the faid offence, and
contempt, craving the remifiion of the fame, with a full
purpofe to forbear the committing of the like hereafter :
and by the confent of the whole Houfe, Mr Vice-cham-
berlain carried their fubmilfion to Her Majefty.
I " 35
5 g The Fret- holders grand Inqtiefi.
3 5 FlPf. Mr. Peter Went worthy and Six Henry Bromley,
delivered a Petition to the L. Keeper, defiring the Lords
of the upper Houfe to be fuppliants with them of the
lower Houfe, unto Her Majefty/or entailing the fuccefi-
on of the Crown. Whereof a Bill was ready drawn by
them. Her Majefty was highly difpleafed herewith, as
contrary to Her former ftrait command, and charged
the Councel to call the parties before them: Sir 7ho:
Henage fent for them, and after fpeech with them, com-
inanded them to forbear the Parliament, and not to go
out of their feverall lodgings ; after, they were called be-
fore the Lord Treafurerflic Lord Buckhttrft^ and Sir Tho:
Henage , Mr. Wentworth was committed by them to the
Tower, Sir Hen: Bromley with Mr. Richard Stevens^ to
whom Sir Hen: Bromley had imparted the matter, were
fent to the Fleet , as alfo Mr. Welch the other Knight for
Worcejlerfhire.
In the fame Parliament Mr. Morrice Attorney of the
Court of Wards, moved againft the hard courfes of the
Bifhops, Ordinaries, and other Ecclcfiafticall Judges in
their Courts, ufed towards fundry learned, and godly
Minifters, and Preachers,and fpake againft fubfeription,
and Oaths: and offer'd a Bill to be read againft impri-
fonment for refufal of Oaths: Mr. Dalton oppofed the
reading of it, as a thing exprefly againft Her Majcfties
command, to medle in : Dodtor Lew in ihewed that fub-
fcription was ufed even at Geneva : At two of the clock
the fame day the Speaker, M. Coke (afterwards Sir Edw.
Coke) was fent for to the Court, where the Queen Her
felf gave him in command a Meffage to the Houfe: She
told him it being wholly in Her power to call, to determine,
to affent, or dijfent to any thing done in Parliament: that
the calling of this was only, that the majefy of God might be
more rehgioufy obferved, by compelling by fome Jharp laws
'ft
The Free-holders grand Inquef. 59
fuch as negletf that fervice: and that the fafety of Her
' Aiajejlies Perfon, and the Realm might be provided for:
It was not meant they fhould meddle with matters of St ate,
orcaufes Ec clef aflic all (for fo Her Majefty tearmed them)
(he wondred that any could be of fo high commandement, to
attempt^ they were Her own words)** thing fo exprefly con-
trary to that which She had commanded: wherefore with
this She was highly offended: And becaufe the words foken
by my L. Keeper ^ are not now perhaps well remembred, or
(ome be now here that were not then prefent. Her Maje(lies
prefent charge and expreffe Command is, that no Rill tou-
chtng the faid matter of State or reformation in caufes Ec-
clefiaflicall, be exhibited, and upon my allegiance ( faith
Mr. Coke) I am charged if any fuch Bill be exhibited not to
read it. I have been credibly informed that the Queen
fent a Meffenger, or Serjeant at Armes into the Houfe of
Commons,and tooke out Mr.c^fflmVe,and committed
him to priion: within few daies after, I find Mr. Wroth
moved in the Houfe, that they might be humble fuitors
to Her Majefty,that She would be pleafed to fet at liber-
ty thofe Members of the Houfe that were rcftrained. To
this it was anfwered by all the Privy Counfellois ? that
Her Majejly had committed them for caufes befl known to
Herfelf, and to pre(fe Her Highuefe with this fuit, would
but hinder them whofe good is fought: that the Houfe
mufi not caH the Queen to accompt for what [he doth of Her
Roy all Authority, that the caufes for which they are rejlrai-
nedmay be high and dangerous, that Her Majefy liketh no
fuch ffuefions, neither doth it become the Houfe to fearch
into fuch matters.
In the 3p Eli^. The Commons were told, their privi-
ledge was Tea, and No: and that Her Majefties pleafure
was, that if the Speaker perceived any idle heads which
would not ftick to hazard their own eftates 5 which will
12 meddle
The Free-holders grand Tnquef.
meddle with reforming the Church, and transforming
the Common-weal, and do exhibit Bils to that purpofe •,
the Speaker fhould not receive them till they were view-
ed and confidered by thofe, whom it is fitter fhould con-
fider of fuch things, and can better judge of them : and
at the end of this Parliament, the Queen refufed to pafTe
48 Bils which had paffed both Houfes.
In the 28 of Eli f the. Queen fai dfhe voas forry the Com-
mons medled with chufing and returning Knights of the
Shire for Norfolke, a thing impertinent for the Hoife to
dealwithall, and only belonging to the off ce and charge of
the L. Chancellor, from whom the Writs ijf 'ue, and are re-
turned.
/\Hcn. 4. The 10 of OElober , the Chancellor before the
King declared, the Commons hadfcnt to the King, praying
Him that they might have advice, and communication with
certain Lords about matters ofbufwefe in Parliament, for
the common good of the Realm: which prayer Our Lord the
King gracioufy granted^making protefation, Pie would not
do it ofduty, nor ofcufome, but of his feci all grace at this
lime : and therefore Our Lord the King charged the Clark
of the Parliament, that this Protefation fhould be entred on
record upon the Parliament Roll: which the King made
known to them by the Lord Say^ and his Secretary • how
that neither of due, nor of cufomeyour Lord the King ought
to grant any Lords to enter into communication with them of
matters touchingthe Parliament, but by His fpecia/lgrace at
this time he hath granted their requefl in this particular :
upon which matter, the faid Steward & Secretary made
report to the King in Parliament • that the faid Commons
knew well that they could not have any fuch Lords to com-
mune with them, of any bufneffe of Parliament, without fe-
ciall grace and command of the King Himfelf
It hath heretofore, been a queftion,whether it be not an
infringing,
1he Free-holders grand Tnqucjl. 61
% infringing, and prejudice to the liberties and priviledges of the
Houfe of Commons, for them to joy ne in conference with the
:w " Lords in cafes of benevolence, or contribution, without a Bill.
0n - In the 35 Fli\. on Tuefday the i of March , Mr. Egerton, At-
torney generall, and Doift. Carey came with a Meffage from the
Lords; their Lordfhips defired to put the Houfe in remembrance
of the Speech delivered by the L. Keeper, the fir ft day, for con-
fultation and provifion of treafure, to be had aga'nft the great
and imminent dangers of the Realm •, thereupon their Lordfhips
KfW did look to have fomthing from the Houfes, touching thofe cau-
^ 'I fes before this time ( and yet the Parliament had let but 3 daies,
wn- for it began Feb. 2 6.) and therefore their Lord (hips had hitherto
omitted to doe any thing therein themfelves. And thereupon
oretk their Lordfhips defired, that according to former laudable ufa-
npi ges between both Houfes in fueh like cafes a Comittee of Com-
nmtb mons may have conference with a Comittee of Lords touching
tjir provifion of Treafure againft the great dangers of the Realm •,
Ml which was prefently refolved by the whole Houfe, and they fig-
Unit nified to their Lordfhips the willing, & ready affent of the whole
ittVis Houfe. At the meeting, the Lords negatively affirm, not to af-
bjCUrfe fent to lefte then 3 Subfidies, and doe infift for a fecond Confe-
iitrffii rence. M.Francis Bacon yeilded to the Subfidy,but oppofed the
jigmadi joyning with the Lords, as contrary to the priviledges of the
m-. k Houfe of Commons ; thereupon the Houfe refolved to have no
Conference with the Lords, but to give their Lordfhips moft
humble and dutifull thanks with all reverence for their favou-
„ Ui ' : rable, and courteous offer of Conference,and to fignifie that the
t !Cll l jf : Commons cannot in thofe cafes of benevolence, or contribution
n'®ii i°y n conference with their Lordfhips without prejudice to the
■ 0fM liberties and priviledges of the Houfe: and to requeft their
\ l0 . Lord flips to hold the Members of this Houfe excufed in their
by not-affenting to their Lordfhips faid motion for conference, for
that fo to have affented without a Bill had been contrary to the
liberties and priviledges of this Houfe, and alio contrary to the
S «S 1 3 Cornier,
61 The Free-holders grand Inquejl.
former prefidents of tJrCfame Houfe in like cafes had. This an-
fwer delivered to the Lords by the Chancelor of the Exchequer,
their Lord (hips faid they well hoped to have had a Conference
according to their former requeft, and defir'd to fee thofe prece-
dents by which the Comons feem to refufe the faid Conference.
But in conclufion it was agreed unto upon the motion of S r Wal-
ter Raleigh ,who moved, that without naming a Sub/idy,it might
be propounded in generall words, to have a Conference touch-
ing the dangers of the Realm, and the necelfary fupply of Trea-
fure to be provided fpeedily for the fame, according to the pro-
portion of the necelfity.
In the 43 Elif Serjeant Heal faid in Parliament, he mervail'd
the Houfe flood either at the granting of a Subjidy or time of pay-
went, when all we have is Her Majejlies, and She may lawfully at
Her plea fure take it from us, and that She had as much right to all
our Lands and Goods, as to any Revenue of the Crown, and he ( faid
he) could prove it by precedents in the time of Hen. 3. K. John and
K. Stephen. The ground upon which this Serjeant at Law went,
may be thought the fame Sir Edw. Coke delivers in his Injlitutes,
where he faith, the firfi Kings of this Realm had all the Lands of
England in Demefne, and the great Manors and Royalties they re-
fcrved to themfelves, and of the remnant for the defence of the
Kingdome enfeoffed the Barons: from whence it appears, that no
man holds any lands but under a condition to defend the Realm,
and upon the (elf-fame ground alfo the Kings Prerogative is rai-
fed, as being a preheminence, in cafes of neceflity, above^and be-
fore the law of property, or inheritance. Certain it is before the
Commons were ever chofen to come to Parliament, Taxes or
Subfidies were raifed and paid without their gift. The great and
long continued fubfidy of Dane-gelt was without any gift of the
C5mons, or of any Parliament at all that can be proved: in the
8 Hen. 3. a Subfidy of 2 Marks in filver upon every Knights fee
was granted to the King by the Nobles without any Commons.
At the palfing of a Bill of Subfidies, the words of the King are,
The Free-holders grand Inquejl. 63
The King thanks His loyall Subjects, accepts their good will,and alfo
will have it [0 : le roy remercie fes loyaux fubjecls, accept leurbene-
volence , & aufi ainfi le veult: which laft words of ainfi le veult,
the King wills it to be /f,are the only words that makesjthe Ad of
Subfidy a Law to bind every man to the payment of it.
In the 39 Fli\. The Commons,by their Speaker, complaining
of Monopolies , theQueenfpakeinprivatetotheL. Keeper, who
then made anfwer touching Monopolies., that Her Majefly hoped
Her dutifull and loving Subjells would not take a way Her Preroga-
five, which is the chiefeflflour e in Her Garlandand the principall
and head pearl in Her Crown and Diadem , but that they will rather
le&ve that to Her difpofltion.
The fecond point is, that the Free-holders, or Counties doe
not, nor cannot give priviledge to the Commons in Parliament.
They that are under the law cannot proted againft it, they have
no fuch priviledge themfelves as to be free from Arrefts, and A-
dions: for if they had, then it had been no priviledge, but it
would be the Common Law: And what they have not, they
cannot give; Nemo dat quod nonh abet ^ neither do the Free-hoi-
ders pretend to give any fuch priviledge, either at their eledion,
or by any fubfequent Ad; there is no mention of any fuch thing
in the return of the Writ; nor in the Indentures between the She*
riffe, and the Free-holders.
The third point remains, That priviledge of Parliament is
granted by the King. It is a known rule, that which gives the
form^ gives the confequences of the form , the King by His Writ
gives the very effcnce, and form to the Parliament: therefore
priviledges which are but confequences of the form, muft necef-
farily flow from the King.
All othcrlpriviledges and protedions are the ads of the King •
and by the Kings Writ Sir Pdw. Coke faith, that the protection of
mens perfons, fervants, and goods, is done by a Writ of grace from
the King. At the prefentment of the Speaker of the Houfe of
Commons to the King upon theflrft day of Parliament, The
Speaker
6^ The Free-holders grand Inquejl.
Speaker in the name and behoof of the Commons, humbly era-
veth that His Majefty would be grarioufly pleafed to grant them
their accuftomed liberties and privilcdgcs : which Petition of
theirs, is a faire recognition of the primitive grace and favour of
Kings irt bellowing of priyiledge, and it is a lhrewd argument a-
gainft any other title : For our Anceftors were not fo ceremoni-
ous nor fo full of complement as to beg that by Grace which they
might claim by Right. And the renewing of this Petition every
Parliament argues the grant to be bif&mporary during onely
the prefent Parliament •, and that they Pave been accuftomed,
His Declah^pn touching His proceedings in Parliament 1611.
re fol ves yt Ad In 0[Iprivtl edg es of Parliamentgrervfrom precedent s
which 'rather jheo/raToleration then an inheritance^ therefore He
cduldmtadoir'ofthefile, calling if Their ancient and undoubted
Tight] aM inheritance, but could rather have nrjhed that they had
fuedft hcir.p riyiledg es were derived from the grace andpermifion
fffMts Aneejlors and Him: And thereupon He concludes, He
cannot with patience endure His Sub] eels to itfe fuch Arrtimonarchi-
call words concerning ihf ir liberties except they had fubjoyned\ that
they were granted xmo rhem by the grace and favours oj His Prede-
cefors: yet He promifeth to be carefullofwhatfoever Priviledges
they enjoy by long cufiome and uncontrolled and layofull Precedents.
ERRATA.-
p Ag .-3 .lim14 .rcad inttrfnerint J.r.appear in a court ' y>.6\.j7 .xxovcilio p.i j.l. if.
r. he cautfd the Commons alio to be cflcmbled b/ Knights p. 14.1.17. r Archdeacons
ik-if.l.jo.r.the mind p.3 5.I .1 J. r. Our Lord the Ki'ijg p.4i.l .ij .r.deny vhein p .47 .1.33.
r.ftrenethning. ib.I.j 5. r.ftrength p. 16. 1, n.Sc i4 .fQr 2!. r .46s.
—fe—
W
FINIS.
DISPUTATION:
PROVING,
That it is not convenient to grant
UNTO ^ ,
M I N IS T E R S
.SECULAR JURISDICTION:
And to make them'
Lords & Statefmen
IN
PARLIAMENT.
LONDON ,
Printed in the Year M DC LXXIX.
T
C 3 3
It fa not expedient to grtnt unto CUrgy*mtn fecnlar
J urifdiSlion.
i. ~^T~ Do not undertake to prove that it is (imply unlawful: And
the worthy and judicious Bifhop Davenant doth) g-Cnt Detenu."
and aflfert, That the Law of Prudence and Equity it felfqueft.it.'
doth forbid Kings to burden Clergy-men with it, fo far as
it will let and avocate them from their fpriritual office
and function.
2. It will be demanded who mud be Judge what is, and what is not
expedient ? To which the forenamed Davenant makes anfwer, That
is to be accounted expedient which a Wife Man (hall fo judge and de-
tcrmine: whereunto I affient. He afterwards adds, That which a
wife and religious Prince fhal] fo determine. Neither do I diffent in
this, provided it be foundly underftood : For that which a wife
.and religious Prince fhall judge to be expedient, if it be fo indeed,
all wife men will, at lead they ought fo to think ; for found wifdom
is the fame in all: But it is too poffible for the moft wife and prudent
Prince to enjoyn things not good and expedient. King David
thought it moft prudent to number the people, who was a moft wife
Prince i but in that his wifdom fail'd him. foab, his General, that
was much inferiour to David in goodnefs and heavenly wifdom,
thought it very imprudent: and the event proved 'foab to be the wi-
fer man in that.
3. Some things are more evidently, other things are lefs evidently
expedient: The Scales may hang fo even and equilibrious, that a wile
comparing judgment can lcarce tell whether is the heavier end, and
whether part hath the ftronger reafons: and the Scales may be fo odd
and unequal, fomuchfolid real'on may befaid for the one fide, and
fo little for the other, that to a wife comparing judgment the cafe
is not doubtful to decide. Now I (hall manifeft, that it is evidently
inexpedient to grant fecular jurifdiftion to Minifters and Clergy-
men, that is, That the fame perfon be a Minifter, Biffiop, or Paftor
of Souls, and aMagiftrate or coercive Judge, one that beareth the
Sword, Rom. i $. 4-
A 3, 4. rfrg.
■
t 4]
4. Arg. 1. Jefus Chrift did not fee it meet to exercife any fueh
• power while he was upon earth; being moved to be a kind of worldly
Judg between two Brethren, he refuted, faying, Who made me a Judg
Vhem. or a divider over you ? Luk. 12. 14- As if he fhould fay, ("fays Dave»
jHrfJh 4. nant upon the words) Neither by divine nor by humane Ordination
do I exercife Judiciary power over private perfons, much Iefs over
Kings: By which argument the fame Davenant goes about to prove
the nullity of the Popes power in Temporals. Now if his argument
be of force againft theBifhop of Rome, 1 fee not but it is of equal
fo^p againft worldly Jurifdiftion in all Bifhops and Paftors whatfo-
ever. Now if Chrift faw it not meet for him to exercife worldly Jurif-
diftion, methinks all Bifhops and Paftors of Souls, who have their
office and calling particularly from him, fhould fee it meet to learn of
him and imitate him herein, and Princes themfelves fhould not think
it expedient to burden Minifters with that, which Chrift himfelf re-
fufed and put from him as either unlawful in it felf, or inexpedient :
Mat. 11.29, Tdke my yoke upon yon, and learn of me.
5. Arg. 2. The Apoftles and the fuccefTbrs of the Apoftles, the
Bifhops and Paftors of the Churches for the fpace of three hundred
years unto the time of Conflantine , had no Temporal Jurifdidlion,
nor did exercife any. And thcfe are counted the beft and pureft rimes
of the Church. If we may not make the Apoftles of Chrift, and
their immediate fucceffors the Bifhops and Paftors of the Churches for
thefirft three hundred years, our pattern, what fhall we make our
pattern, and by what law and rule fhall we determine what is, and
what is not expedient ? Can we better govern our lelves and the Chur-
ches than they ? Have we more wifdom to invent and find outwais
of good governing the Church than they had ? Have we more holi-
nels and gocdneft, and faithfulncfs to God, our felves, our calling,
and the Church,than had they ? If the Church did well and beft: fub-
fift, when it had no Magiftrates but what were Pagan, Infidel, and
JeveiJh, many of whom were great Pcrfecutors, all of them deniers
of the Chriftian name-, will it not well and better fubf;ft,if better can
be, where Magiftrates are Chriftian, and defenders of the Faith if
Bifhops and Paftors contenting themfelves with no more but the-Epif-
copal and Paftoral office, and refufing all worldly Jurifdiftion, fhall.
wifely and faithfully behave themfelves in their office, as thofe firft
and tnoft ancient Bifhops and Paftors of the Churches did ?
6. Uhto this the worthy Davenant makes anfwer, That thofe times
and ours are not alike. Thofe times were exceeding holy and good,
ours
en
ours be exceeding bad. There needed no fecular authority in Paftors
then, there was io much holinefs and piety, the Word and Discipline
were abundantly enough ; but now the Chriftian World is So excee-
ding corrupt and degenerate, that unlefsMinifters be armed with Se-
«u!ar Jurildiflion, their authority will bedefpifeel, and the Difcipline
which God hath appointed to be in his Church, will be Scorned as
bale and contemptible, rather than be reverenced for any good it will
do 1 , Note tam ufui effet,qaam lndibria t t hoSe are his very words. Dave-
nant is the man whom 1 do highly elteem, and So do all that be wiSe
and knowing in the things ot God : but in this Davenant hath fallen
much below himfelf; and the feeblenefs of his reafoning doth^nucL*
confirm me in my judgment anc! perfwafion, that the caufe which he
oppugneth, and which I do here defend, is too Strong to be over-
thrown.
7. His anSwer is partly rot true, not to Say it is direftly and flatly
fal'Se : For let any impartial man make a due eflimate of things, a id
compare the Pallors and Churches under the Apoftles fl except the
perfons of the Apoflles themfelves)and during their abode upon earth,
and their fuccelTors the Pallors and Churches immediately following
to the time of Conjlantine, 1 fay compare thefe with the Pallors and
Churches of our times, and it will be found that there is no fuch in-
equality as he fuggefts. Bradford and Fbilpot, an & Rogers, and Cran-
mer, and Latimer, and HJdley, and Hoofer, and Eilney, and Sanders,
and other of the Englijh Martyrs were worthy and famous Martyrs
of Chrift, as well as were thole firft and mod ancient Martyrs. And
Grindal , and Jewel, and Vjher, and Davenant, and Gataker, and
Vines , and HUdejham, and Trefton, and Sibbs, and XW, and jofeph
t,Allen, snd many more of our own and foreign Divines were able to
vye with the ancient Bilhops and Pallors of the Churches,tuch as died
not Martyrs. And the private Chriftians, and Families, and Congre-
gations of our times,are not much inferiour to thofe ancient ones both
Greeks and Latin , and even to thofe we have mention of in the New
Tellament, namely the feven Churches of zsffia, thofe of Galatia,
and Jadea , that at Corinth and others.
8. Admit it were true, which queftionlefs is not: I Ihould rather
think that the way to reduce an unreformed Church and p eople from
herefie and unholinefs,to foundnefs in the faith and holinefs> is for Pa-
ftors to content themfelves with the work of Paftors, and give them-
felves wholly to it, and fuffer no lets. Will the Sword convert fouls,
or awe mens conferences ? would it likely do more good if a Minifter
fhould
c<n -
(hould come into the Pulpit with a Sword in one hand, and a Bible in
the other ? The Sword is not appointed of God for the converfion of
Souls *, the office of the Magiftrate is to make way for the work and
office of the Minifter. It is thefword of the Spirit which is the Word
of God, which muft cut in pieces mens lufts, and breed in them found
faith, holinefs, and reformation, and not the fword of the Magiftrate.
Let the Magiftrate do cr not do his duty, let him be Pagan or Perfe-
cutor, and let the people be more loofe and unreformed than they
are, let but Paftors and Minifters do their duty well, and we fhall
foon fee that Gods Word and Difcipline is of the fame force now that
^iverf't hath been ; otherwife there is a change in God, and his pro-
mile fails, and Satan is ftronger now than he hath been, and Chrift
and the Holy Ghoft are much weaker. Read and confider well thefe
Scriptures, 28- 18, 19,20. 1 Pet. 3. 15. Mich. 2.j. Ifa 45 19.
J fa. 49 4, 1 Cor. 15. 58 PfaL%\. II. 2 Cor. 2. 15, 16. 2 Cor. 4.
1,2. 2 Cor. 10.4,5,6.] to name no more, and let but Minifters be
wife and faithful, and try if it be not the beft and fpeedieft way to re-
form what is amils in the Church, contenting themfelves with no
more but their own office, and leaving all force and lecular authority
to the Magiftrate.
9. If we be the fame that the ancient Paftors were, be fore God
and Gods Word will be the fame i we cannot do Gods part, nor the
Magiftrates part, nor the peoples part,we can only do our own part;
which we may do if we will; do our own part, and be fore God will
be with us and do his. What hinders but Paftors may be as wife and
holy as they have been of old? If we be not, it is our own fault. The
more corrupt the times are,the more need Paftors have to beftir them-
felvcs, and to double their diligence, and lay out themfelves morevi-
goroufly, to be more Exemplary, to abound in the work of God, to
be mortified, to lofe no time, to buffer no let. To make them Magi-
ftrates,were to let them, and take away much of their time,and rather
hinder and diftrsft, than further them. If the Paftors office be as
much as they can wifely and faithfully do, would it further them in
their work to have another office and work added to them ? Mini-
fters of the Gofpe-1 are not fo fit as others to be worldly coercive
Judges and Secular Magiftrates. For their office is purely Paftoral,and
is to have no terrour in, but the terrour of Gods Word and fpiritual
denunciations, that the people may have no temptations to withdraw
their love and efteera from their Paftors. A Thief at the Bar had ra-
ther have a Mintftep thaft the Jadg to reprove him, though both
fhould
j
c 7 1
fhould pronounce the fame truth, and hit upon the fame words, and
have equal wifdom and integrity. For properly Magiftrates are for
outward terrour to evil doers, and for outward defence and prote &i*
on to them that do well, Rom- i 3. 3. x Per. 2. 14. But Minifters are
to be gentle to fouls, even as a nurfe cherifheth her children, and to
exhort and comfort, and charge every one as a father doth his chil-
dren, 1 Thef.i. 7, 11. But if parents and nurfes, and tender mothers
ffiould rule their children by the i'word too, that would not add to
their office, nor further their work.
10. Arg. 3. If it be fo as Davetiant fays, that unlefs Minifte.-s be
armed with Secular jurifdiftion, their office and authority imthe
Church, and the Lords Word and Ddcipline as adminiftred by them,
will be dclpifed and trod upon 5 then neceffarily all Minifters ffiould
be made Magiftrates,and Princes are too blame if they do not put the
fword into all their hands, and make every Minifter throughout the
Nation a Juftice of Peace, or a Sheriff, or a Judg, by giving him
power to imprifon, and lay fines and penalties upon offenders, and to
ufe coercive means. And then the Scriptures themfclves, even the wif-
domof Godwill be found faulty, if he have ordained and appointed
no fuch thing in all the Bible, as I no where find that he hath done.
And by the lame reafon Magiftrates may fay they alio muft be Mini-
fters, and there will be a confufion of offices, and the bounds and
banks of order in Church and Commonwealth will be thrown down-
and if order be not oblerved, good government cannot be. For good
government is nothing but the obfei vance of right order ; when Ma-
giftratesdo the duty of Magilirates, and meddle with no more but
what comes within the compafs of their office, that is right order, and
it breeds peace, 1 Cor. 14. 33 40. And when Minifters and Paftors
do their duty, and what properly pertains to their office, medling
with no more, this alfo is right order, and the way of true and good
government in the Church, and produceth peace. But if you leave
this way and order, you err. And where your error may ftop, and
what milchiefs and inconveniences it may produce, who is able to
declare ? For there is no fafety but by keeping in Gods way, and dole
walking by his rules, Vno abfurdo dato fequunthr mille, is as true in
Pratticals as in D'>ttrinals.
1 A 4. Either Chriftian faithful Magiftrates are a help and defence
to GodsCburch, and to Minifters in their calling and office, or they
are not. If they are, then methinksif the Church and Minifters did
well when they wanted fuch helps, they fhould rather do better, at
leaft
C 3 -3
leaft they fhould do as well, cr not be much worfe, when they have
fuch helps. But to fay they cannot do at all, or that Minifters and
their Dilcipline, and Miniftration barely without Secular Jurifdi «ftion
added to them, will-be of noufe, but rather a fcorn and mockery un-
der Chriftian Magiftrates, is ftark fhame and reproach to all fuch Mi-
nifters, and they ihould rather be caft out of the Church as intoler-
able, and as dung and dead unfavoury fait, than be made Magiftrates.
What fhould they do Magiftrates that are not able by all they can do
to preferve themfelves from fordid ignominy and contempt ? or if not
thi^ it is an intolerable fhame to all, excepting Minifters, both Magi-
ftrates and people, that they fhould be fo extreamly wicked and
gracelcfs, neither fearing God, nor regarding men, as to defpifeand
iccrn all the wife ar.d holy, and faithful Paftors in the Church that are
but meer Paftors. According to this opinion one of thcfe two wick-
<edr.efles.and abfurdities will follow *, either that all the Paftors in the
Church that are but meer Paftors, are fhame fully- wicked and into-
lerable, and moft unworthy to be Paftors - , or that all befides in the
Church that are no Paftors, Princes, Rulers and people are extreamly
wicked, even fcorners and contemners of Gods Minifters, Worfhip,
Word, Difcipline and holy inftitutions.
If Chriftian Magiftrates and fuch as be faithful, be not a help and
defence to Gods Church and Minifters in their office, then it is a con-
tradition to defire their office as an help and expedient to the Church,
and that Minifters might be armed with the authority of a Magiftrate
too. And then it is r.o bleffing but rather a curfe to have faithful
Kings, Frirces and Magiftrates - , and then we fhould not pray for
them s arid then it were all one to have Perfecutors as Proteftors,
Julian as Conft Mine , Ntrs, DiocUfi.w, Queen Mury, and bloody
Popes and Tyrants, as Theodofm, JoJias^ Queen Elizabeth, and wife,
and juft, and faithful Governors.
n. Arg.. 5. Either you would have Paftors and their authority
in the Chui ch reverenced, or you would not. If you would have them
reverenced,what tnuft it be for ? you would have the fame man to be
a Paftor ar.d a Magiftrate, and fo to be reverenced. Very good - , if
.then the fame man as Paftor be bale and vile, worthy of no reverence,
how ffiall we do to reverence the fame man as Magiftrate? fhall we
fay that the fame man is worthy and unworthy, vile and honourable,
faithful and unfaithful ? will you fay that he hath two fouls, or two
conferences,' one as a Paftor, and fo he is a worthlefs wretch, to be
contemned of. all j. and the other as a Magiftrate, and fo he is honour-
able,
c: 9: o:
;a*ble,- and: to be had in elteero, by ail 2.3 f; the -&nje:.nun: as* Pallor be
•damned, what fh&ll becomeohthe fame man as Magiftrate? If Pa-
flors be worthy men, all-men will reverence and'dleem them •, ;at leaft
God will-,-and all that be taught and inftrudYed o-f God Even an
Herod will reverence a John BaptiJl. Wifdom and Holinefs will be
reverenced in all; and folly, and v;ce,.and;wu-kednefs, will be rever-
enced in none. But dptcia.ljy wifdora and holinds will be reverenced in
pallors', and vice, and folly, and hypocnifie, and unfaithfulnels, will
b. thought nct.i'o odious and unfavoury in any, as in Pallors and Bi-
(hopsi For it is of them efpecially.-thatGod-.faith,- STheto tba^kttfogr
we, 1 will honour ; and they that defpife me, Jhall be lightly ejleemed,-
1 Sam.%. 30 It a Minifter be truly v.-orthy and honourable,'he fhati
be honoured. All right-efteeming meij, if there be any that fear-God,
a id make confidence of his commands,- will reverence, and cfleem hiri
very highly in love for hit works fal^e, 1 Thef 5. 12,-1 j. - But if he
be but the m.eer name and out fide of a Bilhop, if he be a Bonner, a
hater and perfecutor of good men, foolifh,: wicked, ambitious, floth-
ful, worldly, felf-leeking.,; contentious, heretical, ignorant, lean-
dalousand unfaithful, nothing that you can do will uphold his reputa-
tioo : •make.him-a Lord or Prince in Parliament, heap all the dignities
and honours that be among men upon, him, make him the greateft
man for office in the Kingdom, next to the Kingr.himfelf,. his vices
a d;corruptions will lhame him before the world ■» nocovers forma-
lities,. and, worldly pmineneies and add-itamepts,twill be able to hide
tire fpotsdand ckfojmijiie-;-oi-hisdbu!-, and win-him refutation'with
any but Fools, Flatterers and Knaves, for dew righteowfntefs-,,iandit
enly, which exalteth a-, nation- of- perfon *, but Jin is a- reproach to any
ftrfottatr.yftople i 34- • ; - -. :jmiZ 1
If ypu would not have-Miniftorsand theif.authority .in t ; he,£hurch'
reverenced and^fteetped, th^n.youcontradift your ill,ves, yyho yyouldt
haveMtrfifters to& have wo.f}ply--jur ifdi&ion., ,$s a ; means-to procure
them reverenceand^etnpin the Church: and then-it is no ; f)n .. : nofct
to die em thole, that be. worthy of.dleen. and then J-ndas and TV
ter be adike, ; !®0;rthy r ,$Fvd w# r are.£oube ^thankful for, and rejoiye
in an ArriMM^^fk&wfiWr -a P?."»fr:*k-3iBradforil t an Anj&chr-i;
ftian murder-in-giwicked.Pope, w a^a fitter,ani-jP^:,apd,ithf.iiipifc hojy,
Bailor snd-ftifhopupqmearth. • y ; . T '■
:,:]juArg.. &vli& de-fervce.o,f' "Pv^in jller-s b,eiag?tpade,Magiftrates, fun-;
drydnftances,o.utof : ]t{he 0(4 T^»? c »Lbg urged, which by of Gods pr-. ;
tfeining.- - -.-Ay we -.t^d 9jtokfkffc t W&£8$jSi
,Hn: B • ' the
- »
[ 10 ]
the moft high God ; and of Eli and Samuel , who were both Priefts
and Judges in Jfrael. The anfwering and clearing of this will make
for the advantage of the truth, and therefore 1 put it in the number
of my Arguments. Thele instances mav be of fome weight to make
one think that the thing in it felf is not fimply, univerlally, and abfo-
lately unlawful. But what if 1 fhali lay, that thele be cafes extraor-
dinaty, and will not warrant an ordinaly and general practice ? That
Melchiftdcck^ was a perl'on extraordinary, a i'pccial and fingular Type
of Chrift, is clear from Pjal. 110.4. Heb. 5. 10. Heb. 7 17. fmeiu
de repubbca Jitd&or, to my remembrance, holds him to be Chi ft im-
f*F : but that is thought to be an error by moft. Certain it is, he
was a great man, great 1 rrcan in the fight of God as well as great
before men; For he bleffed Abraham f the Father of the faithful]
and without contradiction, lays the Apoftle, the l*fs is bleffed of the bet-
ttr, Heb 7.6,7. Moreover in thole times the Church was much
confined to Families; and the Head of the Family was both Priefl
and Governor of the Family. Job larftified his Sons, and offered
burnt-offerings for them, Job 1 5. Abraham , Jfaac and Jacob,
were Priefts, and Parents, and Magiftrates in their Fan ilies, a ,d c-
ver their Houfholds: For if a murder had been done in any of t'n. ir
families, they were bound by Gods Law, Gen. $.6, to execute ven-
geance upon the murderer.
And as for Eli and Samuel , they were both Priefts and Judges:
Now Judges in thofe times were a peculiar and extraordinary fort of
Magiftrates and Commonwealth Governors raifed up by God him-
feJf, and fometimes there was none. HisOfficewas neither eledlive
nor fucceffive \ when he died, his Office died with him. When the
order of Kings was inftituted and took place in Saul and David, the
government by Judges cealed. Now to argue from thefe extraordi-
nary and rare cafes, to an ordinary practice, I iuppofewill not hold.
Befides, thofe times and ours do very much differ as to many things
pertaining to Church matters. Every Parent among the Jews, by'
the Law, I fuppofe, was to circumcife his Male children, E*od 4.
24,25,26. Gen. 17. 10. But under theGofpel it is made a part of
the office of Pallors to Baptize Children ; and for Parents to do it, is
a facrilegious invafion. Under the Law all their Minifters were cho-
fen out of one tribe, the Tribe of Levi: It is not fo under the Go-
fpel, The Jews Commonwealth was aTheocricy, it was Divine and
from God : not only their Church-laws and kiftitutions, but even
their political, judicial, and civil ftatutes and fa n&ions were from
God.
C " 3
God- And it was the fame thing or office among them, to be a Di-
vine and a Lawyer ; to declare what was Religion and Divinity, and
what was law and right between party and party. And thence it
was that the High Prieft and other inferior Priefts and Levites were
made not coercive and revenging Judges and Magiftrates, Dent. 16.
18. Ez.ra'j. 25, but a fort of fipiritual Lawyers and Cafuifts, to
teach the pe.ople what was Law, right and wrong, and to decide in
cafes and queftions concerning mattersEccleliaffical, and Civil right,
as feems evident from Dent. 17. 8,9, 10, u ; 12. 2 Cbrcn. 1$. 5,./),
7, 8,9, 10, 11. In thole times it was counted for a hainous crime for
any man to invade the Priefts Office. V&zab for putting his hand
to uphold the Ark when the Oxen fhookir, was fmitten dead. • And
KingZD.z.iab for attempting to burn incenfe in the Temple, which
was not lawful for any but the Priefts to do, waswithftood by four-
fcore valient men who were Prkfts, and the Lord imote him with Le-
profle for his infokney, and he continued a Leper to the day of his
death, living in a feveral houfie. And I think it cannot be proved
that it was ordinary with Gods people then to make Magiftrates Mi-
nifters, and MinifteisMagiftrates •, but thefc Offices were kept di-
ftinft and intire, and no man ordinarily was entrufted with both.
! do further add, That thofe Laws and Cuftoms of the jews, they
do no further oblige Chriftian people, than they are fignificative of
the Law of Nature ; and fo are Laws univerlai founded in natural
equity, and are laws and rules of perpetual order and obfervance.
few and Gentile by the coming of Chrift are made one. The Jews
Temple, Commonwealth, Church-rites and Inftitutions, are ceafed,
expired, and an end is put to them. There is a new miniftration
come in, and fubftituted in their room, more glorious and excellent,
more proper for, and fuited to the Church univerfal, confifting of
Jew and Gentile, of Nations, and People, and Languages throughout
the World. There is now but one Law, and that is the Law of Na ;
ture and Chriftianity ^ which is not two, but one entire Law or
way of governing mankind under Jefus Chrift, fupream under God
in Heaven and in Earth, and who himfelf alfo is God : By Kings and
Princes, as fupream } and fubordinate Rulers and Magiftrates under
them-, and by Chriftian Paftors, Guides and Bifhops of Souls, Ma-
giftrates to do what is pertaining to their Office and no morej Pa-
ftors alfo to do what pertaineth to their Office, and no more.
Befides, th tjews having their judicial and political Laws ffiortly
and compendioufly framed into one body by God himfelf, it was ho
B 2 di-
E » ]
dtflia^ion to. the Prkfts and Clergy then to ftuey-thofe Laws as &
part of their Divinity, and become able to decide in Caufes and
Queftions ot^civil Right and Judicature. But with us of this Na-
tion, the fltCyof the Law is become very laborious-, fome aie iea-
dy tp fay, Friiu vitiis labora-yimw, nunc legibtu. A man cannot be a
-sodd Judge, Chanceilour, nor juftice of Peace, nor bear anyconfi-
derable O litre in the.Common-wealth, without infight into the Law,
the Statute Law, which is a vaft body of Laws V and every Parlia-
ment is addir" new ones, and the Common-Law and Cuftoms of the
Realni, and of particular Courts and Places, the kncwledg whereof
cannot be attained with little pains, and time, a.id ftudy , and
without fome experience'. Weyhave Inns of C-oui t-.among us. It
is made a diftihft profiTion and order of men among us, to be men
ikilied in the Law. The Laws and Cuftoms. of England are fo intri*
cite and hard to be well known, that it would be a great cbflra-
£lfon to a Divine to give himielf to thole Studies *, and when he
fus done, he might perhaps attain to fome (craps and pieces to
make, him a Scio'lm, a Novice therein, fo much ss might forve him
for his 9 wad private ufev but hardly could he attain to fo much, as
to make him ripe, and judicious, and knowing enough to be a Judg
or ;Magiftrate. zAud igmrantia- Judicis eft calamity innocent:s.
An ignorant Judge orMagiftrate cannot but do much wrong, and?
pervert judgment for want of knowledg. A Lawyer may far better
be a Divine, than a Divine can.be a Lawyer. ; Indeed, no man can be-
a good Divine or Lawyer, that is not a good Chriftian. and,learned irr
the La.ws.of God, the Law .of Nature, and Chriftnroity, what it is to
jje under Law .to pod, and- live under his Government. To be a>
right Divine, is tohe aheavcnly.Lawyer. But this a man may be, and>
be i°norant of a. thoufand quirks, and ■_points,- and matters in the
iiws and.Cuftoms of England.. They are fo tpany, and fo.intricate,,
and fo uncertain, andTo .cut o£ the road of Divinity, and the know-
tecigand ftudy of unWrfal right, that it would beagainft confeience;
ar.cTfaithfolneis in aMmiftecto give h.imfelf to the ftudy of them : and'
without giving himfelf'to the ftudy of them, he cannot attain to the;
k,n o wfe dg ojft hero, CQ m p e t e nt for .an Englilh J : udgand Political MaW
«ffTf i fd • *'■ * v — - -— ■
ate.
^ ^ ^ } ^ # _ I
14, Arg- 7. There are able .men enough .to be Judges and Magi-
firatl&l but_thereRa great defeft of Minifters r and therefore it can-
^ptxoj»f>ft,W.ith wifdom and expediency,.that,Tfay,not withconfcience
r*? i
luxuriate, That there are able men enough to be Judges-ahd Magh
fjrates, and to ferve in all offices of the Commonwealth, is either
true, or it is fome reproach to the Nobles, Gentry, and Commons of
England. Cannot you do all the offices of the Common-wealth, ferve,
asjylagiftrates* judges and Rulers, and bear the Sword, and fee to
the common peace and quiet, of the Nation, having the dire&ion, ad-
vice, and endeavours of Paftours both in publiek and private, as Pa-
ftqursland no more, unlefs withall, Paftours be made Judges and Ma-
gihrates too, and come into your aid ? Surely then you are a degene-
ratefeed, y-ouare notChriftian Nobles,. Gentry and Commons. Let
us-pray-for .you, and pity .you. I-t there be able men enough h bear'
the Sword and.ferve in all offices of the Common-wealthy why fhould
Minifters, :Bifhops and Clergy-men be called .from their employments
and lpiritual tumftion, when there is an unobferved want of Min-ifters-
throughout all the Nation ? T he work of a tifhop, Minifter and Pa-
flour of Souls, is to do all the ordinary Lords day-work in publtfk,
which to do.well-and fubftantially, will take up no .final) part of his'
chiefeft time, thoughts and pains. But this is not all, nor near all of
his work i for he N to watch over every Sou! a he isperffically to in-? Tim. 41
ftruft, and catechife, and c nferwith all of his charger, he is to ylfit 1 >
the feck j , .he is-to adwoniffi, reprove-,, comfort, counfeB warn and Atfs 20.
chargceyery one night-and day, with tears, as a Father his Children: T 8 ' 31 '
he -is to ffffiR in neighbour meetings and Churth-affiocrations of Fa--- C " Np 18 "
iiprs and; Brethrenj tor cqncorcl-atKl communion j 'he is to hear all fuch j T e *
Capfes-, .agreeddue and regular-difeipline, And is any one man-ahle^^ , T
to do all this, as it fhould be done, to any of thole Parifhes inCity ^
o Country-which abound with multitudes of Souls, that would, find AS.
Wflrh -fur .uiany Minfters .to dm it faithfully, as it-fhould be done ? Mat
Whereas-if there he-one in a Parifh,- and in lbme x one with a Reader,w7.
otCurate,- that is thought enough. Lconfe-f's. ait that rate,-that ma-
ny ; do; the-wofk of theMiniftry it is an qafimmafter for orw.man to —
aftwf to. 5 Parifh of a, dozen Miles compafs, in- the Count fey", »■
aq4 ^ F^ds,- St.^Martins, Q&flple/gatt n
2r o
ij.i?.
w.
i.r n n ('■ i-ajais-tU it ni'O v ^
'B T ^- 1
r?
I Hi
tvp kimd&dii Ckpfjitti everfftfrii md Caftalxs »tw «»i, Dey*. |,
tj, Evay tenth irun was to'have a Captain or Officer. But there
is many a Parifh in England that may have Ten th uiand Souls in it:
and but one or two Paffours appointed to look to all thcie fouls.
When King Solomon built his Temple, He fet three fibre and tentlook-
fand to be bearers of burdens, and four/core thou] and to be hewers in the
mountains, and three thonfand and fix hundred to be ovtrfiers, to fit
the people a wafi, iXhron. 2. 18 But in the building ot the Lords
ipiritual Temple there is not one Paftour to a thoufend Souls in many
Farifhes ol England 1 know many will think there are too many
Minifies. 1 think there are to many bad ones, but 1 never read or
heard of any. Kingdom, or place, or people, to this day, that had
too maty faithful Miniflers : And I fhall think it a holy and happy
time when fuch a thing is , but I defpair to fee it in this world.
Were it not that there are not Miniflers enough to do all the pa-
floral work of each Congregation, I ffiould think mod of the godly
Miniflers in England notorioufly-guilty before God, of grofs negleft
and unfaithfulnefs, for want of perfonal and private overfight of all
their people} though I think a great deal more might be done by
many, than ordinarily is.
Well then, there being fo great a want of Miniflers, and no want
of Magiflrates, would you have Miniflers to turn Magiflrates too?
muft thofe few that are, be hindered and diftrsfted, by calling them
off to worldly and fecular bufineffes ? Is it not enough that Miniflers
have more work upon their hands than they can do ? and would you
make them more, and that too diverting and alien work twrnt-Epif-
copal, and almolt, if not altogether pragmatical work? What is
this but to ferve Satan in the name of Chrift, and under pretence of
Order to pull down Order, and make the Church more low and weak
by much than it is? The holy Apoftles of our Lord were of another
mind •, when they faw they could not both look to the corporal ne-
ceffitiesof the poor, and the fpiritual neceffities of Souls too, they
contrived an expedient for both: They appointed a new office of
Deacons in the Church, to fee to the bodily neceffities of the poor •
but fay they, We will give our Jelves continually to prayer, and to the
miniflry of Gods word , Aft. 6. 2, 4. Far unlike to thofe that leave
the Word of God and Prayer, and give therafelves to the doing of
worldly matters, and fecular bufineffes, and teach men fo, and plead
for it as their priviledg, and a means of advantaging the Church,
and of promoting holinefs and peace. Non tali auxilis, nee defenfo-
ribus ifiis tempnt r get. 1 5• Arg.
i
C '5 3
!$■ tArg. 8. Thofe who maintain it to be good to have Clergy-
men armed with fecular jurifdi&ion, do urge for reafon, the pra-
&ife of the ancient Bifhops and Churches for the firft three hundred
years, while the Church was without Chriftian Princes and Magi-
ftrates. It was ufual in thofe times, for the people to refer their
diflentions about worldly things to the decifion and arbitration of
their Bilhops, who to prevent going to Law before Heathen Magi-
Urates, and to prevent and compofe differences and ftrifes, ancjkeep
peace among their people, would give themfelves the trouble to
hear and arbitrate Caufes, and Pleas, and worldly differences refer-
red to them. And hence it is argued, that if it was lawful for
Clergy-men to be Arbitrators and elefted Judges, to decide between
brethren, it is lawful for Clergy-men to be Judges, made and con-
ftituted by authority, and commiflion from the higer powers.
i(5. As to this , 1 take it to be true as to matter of faff, that
it was ufual for the Bifhops of thofe times to hear and arbitrate
civil Caufes and Rights: And it grew by occafion, I was a faying
by a mifconftruffion of theApoffles words, i Cor. 6. 5, I fpeal^to
yotr flame , Is it fo, that there is not a wife man amongfl you? no,
not one that flail be able to judge between his brethren ? 1 hinking
rone more wife, and confequer.tly more fit to arbitrate and decide
their Caufes, than their Bifhops. And this continuing to ihe time
of Conflantine , and he finding them in pofieflion thereof, continu-
ed it to them , and confirmed it in their hands by Law, which
was the beginning of Clergy-mens lordlinefs and domination, the
fruits and confequents whereof have been very calamitous to the
Church ever fince.
17. 1 have many things to fay as to this: As 1. That it is very
likely the ancient Bifhops who took upon them this trouble of hear-
ing and arbitrating the civil Rights and Caufes of their people, did
it with no joy, they were not fond of it, they thought it a burden,
and if they might have had their choice, would rather have been
free from all fuch trouble. So much is intimated in a paflfage,
which Dave -riant in his Determ. cjueft. 11. aforenamed, quoteth ous
of zAuguftine, They did not efleem them priviledges oreafements,
but moleftias *, for fo are zAuguflines words as cited , moleftaticns
and troubles. But the Bifhops and Clergy of our times feek them,
contend for them, and are tdnaciobs of fuch things as priviledges.
2. Either the Bifhops imployed in the hearing and arbitrating'
thofeCaufes, werethfc fame whhotir Diocefan Bifhop, or they were
not.
: •£ ?«3
If ithe.y- vrer*, tben-wha^fe.&f be>n, the pco-
,p!e, to -all ^he.Qaul'^ withur .tji^^ilh^piecels, fuppqfihg ft
to be of the ik'me extent E^celps.-ot •.Bi^ags
m Engird# to one .nrfan their 4i»ftu»p| ^i»d w^at dilcretion could
•it be- irv inch a -Biihop, a« among i% : ,the T Bitjiop of AW.'civ the
'■ .Bifb.op -of -Lonelqg t the Bkhop of Lwco^n^ 0-g. to taky.upqti him the
trouble- of hearing .and anbitmingaU ,Civil caufes., con troy exiles',
,-and-difference?of-phe.gyopre inh^ybit+tvg lb r yafta co-mpafsas his Di-
'.-ocefs ? He .muft-do nothing e}ffr,but,meerly hearcivil .Caufes., He
rnuft be,hut a Bi(ho.pdn. n^^e*^. { .J^w ); expe«%r, and. very income-
-nient wp.uldit be, 'for, all' the^Ghriftians in-any the leail , Dicjcef in
Er.gJaqtLy much more in the-greate/i, to. tfavel with .their Law*
.Suits ,to ahp Bifhep of the Dioeel? ?- His Houie rh>n muft be. ameer
Weftminfhrljaall and all the .days in-the-year, fcatce the Lords! day
excepted, rrufl be term time wivfi him. To think.that the.Ap jftie
ever rm ant any fuch thing, when he counkls them to refer their
mattery tfl .a wife Arbitrator,,,, > a gift's wref'tirtg -of his words.;
For, he wrote ta the Church, of Corinth^- which' was but one. parti-
cular Church.. Js. there mtf, amjsg y?u I Hi nj .uft be ,a
wife man among* them, one. ,pepr ,a : t t J|raijd,...eafic tq be reiortetf to,
itq whom they might refer. thyir Caul'es. And therefore it. could
Clot be, that the Chriftians th^n referred their Caufes to .a Diocefan
Bifhop, fuch as outs.; : , ..- u tr . u: , >. r; -. • ... \., u » y
And if not, then theCaufyof out,.pio^fan.pifhops,will receive
a deep wound, and it wf'll make yv'-a,^ for .arunweloomje truth, .That
the Bifhops tq whom, the .people,, referred.fheir Caul 'es, were the
Paftors of every Parifh, the very fame with our, l>rifh-,M miliar?,
and. the Rf&qrs of B^rfonages. jhefe .of the,-Clergy were the fit-
tefc to arbitrate the (Caufes, .pf. all the peohje.-within .theix. l>ri(h.
A Parifh-Bifliop or Minjfter may -with far. more. eafe.arbitrate and
compofe the diffentions and Fbits,pf all, in his Parifh , than the
pioceian Bifhop can -do of .,s.\\ thy.£afiors and .people, in., his Dio;
cefs, - ,. r.-iiirr dii.-o- r :uj ., r,, ; -
3. It is not the intent and tuning. of the, foqefaid w;o;rds af,th$
Apoftle, that Eaftors.lhpul|d ) jbe }jmpbyed r in heading aq^a^trating
the le,cular .Caufes of th.eir, qwa^peopl.e, or, .of rhe.^eo^e^jgthef
Par-iflies.. 1 yy.^il npt %. 4t>s;£bfoH|t$y .• u n%^:fai'ly. ) g|!jU5r'fiJj
nor will I fay, it-iy expedient ip r) qp r .cafe at all. j.Xheqe 'nj ^y,^
Cafes rarely here-and ^hqp iq Pariflqesfq circumfianc^d both
under Chriftian.,,and J# agifaate*, Mupfch itsma^^c both
law-
[ 17 ]
lawful and expedient for the Pallors to arbitrate and compofe fuits
and differences among the people. But generally and for the moft
part it is inexpedient. For either he will do right, or do wrong-
If he do right, it is well if one fide be not difpleafed, and fall out
with him, and take a grudge againft him, and either turn from
him and not hear him, or hear him with prejudice ; and fo by this
means the Pallor may be an occafion of much fin and damage ,
and damnation to his Soul, which prudence, and piety, and com-
paffion in a Minifter, doth forbid, and will make him watch againft.
If he do wrong, then it is hurtful to his own Soul, it is a Wrong-
ing of the Innocent, and a perverting of Juftice, and a fcandal to
his Miniftry
Befides, He can fcarce do it but with diftradlion : If he do it
but a little, it will be a hindrance to his other work, and diftradl
him ; much more will it hinder and diftradl him if he fhoulcl ufe
it, and doit frequently. And the words of Chrift are confiderable,
and worthy to be thought or, Lu'^e 12. 14, Man, who made me a
judge, or a divider Q an Arbitrator ~j between yon}
4. The words of the Apoftle may be well underftood in this
fenfe \ either there is befides your Paftor a wife man among you,
and one that is able to judge between brethren, or there is not.
If there be, refer your contentions and civil caufes to him. Nei-
ther go to Law before the unbelievers, nor do you trouble your
Pallors and Bifhops; but fingle out a wife man among you, one
that is able to hear and decide your Caufes, and make him Judge
and Arbitrator between you. If there be not one fuch wife and
able man among you, then it is a fhame and reproach to you all.
What? Do you call your felves Saints ? Do you not know that
the Saints fhall judge the world, even Angels themlelves? Are they
not then fit to judge on earth fmall matters, and to decide a petty
controverfie about mine and thine between Brethren , but Brother
goeth to Law with Brother, and that before the unbelievers? This
is to your lhame.
5. When Conftantine came to the Crown, and Magiftrates became
Chriftians, the moft expedient way had been to have eafed Pallors
of all thole moleftations and avocations, and left the Paftor nothing
to do but his own part, and the Magiflrate his part. To make the-
Clergy worldly Judges and Magiftrates, is no benefit, but a burdenj
it is nothing that a wife man fhould rejoice in , but rather groan
under, as a preflure and hindrance, and pray to God to be eafed
C of
of it, and rejoyce in being free from it* and at liberty to imploy
all the time which was wont to be fpcnt in fuch Secular affairs,
in Religious and S.icred exercifes, which have a more lpecial tenden
cy to Souls good, and are moft becoming a Paftor.
18. Laftly, I will fet the worthy Davenant againft himfelf, who
going about to prove that the Bifhop of Rome hath no temporal
power over Kings, lays down this pcfuion, Bonum fpirituale
non pofiulat, ut ulla tempo-alls poteflas a 'Rjima.no pontifice excrceatur.
(And if not by him, then by no other Bi/ftop or Prtftor whatioever)
Non eft enim in or dine ai tonne finem , a ut neceffariunt medium, nut
accommodatum , aut licitum, ant denique cum Jpiritnali cenfurk ex-
commnnicationis iitlo jure connexum. Spiritual good doth not require
that any temporal power be exercijed by the Bifiwp of Rome;, for it is
not in order to this end, either a ncceffary mean, or fit, or lawful, or
laftly by any right knit with the fpiritual cenfure of excommunication.
Dstcrm. quefij. And he gives very lubftantial proofs. I am at a
lofs how to reconcile him to himfelf. But whether he be confident
to himfelf or not, I lay not my caufe upon that, the other proofs and
evidences do overpower rny underftanding.
19 Now if it be manifeftly inexpedient to make Clergy-men Ma-
giftrates, and grant them civil jurifdi&ion, then it muft needs be
manifeftly inexpedient to make them fupream Magistrates, and to
confer upon them the higheft jurifdiftion which Subjetts be capable
of, as to be Lords in Parliament, and to have equal votes with the
Peers and Nobility of the Realm, and fit as Princes there, to be many
days, arrd weeks, and months from their Flock, and to be all that
while taken up in State-matters, Civil and Secular affairs. If the
other Arguments be good againft granting any temporal authority
and jurifdi&io-n at all to Paftors and CI rgv men, and the Reafons
for it be exceeding weak, and but fhews and fhadows of Reafoti;
then it muft needs he much more inconvenient to heap fecular ho-
nQurs, dignities, greatnefs, preeminence and authority upon Clergy-
men, and betruft them with the higheft jurifdi&ion, by making them
Lords ih Par'lament.
2 q. They that will be rich, fall into temptation, and a fnare, and
into many foolifh and hurtful lifts , which drown men in defttuflion
and perdition, 1 Tim. 6. 9. It holds good moft ftrongly of thofe
chat feek both worldly wealth, and outward height, grandure and
ftate that would be great, and fit in the higheft Seat, and be ac-
couRCed Lords and Princes, and have dominion over the lives, the
liber-
C 19 ]
liberties, the eftates, yea, and fouls of men, and would have wealth
and riches to fupport their grandure and preferment. It is this
which hath let many evils into the Church, and given occafion to
the Roman-Bifhop to lift up himfelf above all other Bifhops, yea,
abcve Kings and Emperors themielves, ard to afTumc the title of
IhiverU Bifhop, and Chrifts Vicar-genualupon earth, and to ufurp
authority, dominion, and fupremacy above all that is called God,
2 Thejf. 2. 4. Cotajlantine the Chridian Emperor thought he did
the Church a kindnel's in heaping Civil honours upon Cicrgy-men,
and putting them into places of date and preferment i but in truth
he did them and the Church no kindnels. It had been well for the
Church of God that Bifhops and C!ergy-men had continued meer
Bifhops and Ciergy-mcn, without any worldly honours, preferments
in Parliament, outward greatnefs and jurildi&ion.
21. Nor is there any hope that the Church of God (hould enjoy
: T true reft, and be fetled in happy and lading concord, and flourifh as
it fhould in holinels ar.d Peace, till its Bifhops and Pallors be redu-
Mi' ced to the Primitive and Apoftolick pattern. One would think the
wfsr. words of our Saviour were plain enough in this cafe, when there
was a ftriie among the Twelve Apoflles which fhould be greateft,
leuour Saviour quickly ends the controverfie, by telling them ,The Prin-
ttusrc ces of the Gentiles exercife dominion over them, and they that are great,
exercife authority ap:n them. But it (hall not be fo among you} bat
ttr..'. whofoever vsill be great and chief among yea , let him be lowcft and
>*&• fervant of all y Mat. 20 .25 ,26,27. Lak, 22 .25 ,26. It (hall not be
tdrt Jo among you , and conl'equently it fhall not be lb among your fuc-
bed' ceftours. But fo it hath been, and fo it is to this day : God grant
?s. . it may be fo no longer. There is a driving which fhall be high and
lank great, driving for worldly honours, preferment, and votes and au-
fttRnf thority in Parliament ; There is not a driving who fhall be mod hum-
fRk' ble, and felf-denying, and do the work of God faithfully. There is
'rcrlst' a driving who fhall belike the Pope, rather than JelusChrift ^ who
fhall have worldly lordfiiip, wealth and preferment, and eXercife do-'
jingfc mination ^ not who fhall be mod good and holy, mod faithful and
diligent in the work of rheMinidry.
•trt,' 22. Ambition and domination is not good in any, hut it is word
ijkil" and mod odious in Bifhops and C^rgy-men. By Peeking th'enffelye&
oftk- and their own honour rather than the honour of God, they lqfe,
urti'i themielves, and do but prepare themielves for a fall. Is it not 'a,
1 be2t- mod fad thing to read in Church-hiftory the contentions and «ri-
C 2 vings
libit
I so 3
vings of Bifhops, and Patriarchs, and Clergy-men, about names, and
places, and dignities, and worldly greatnels, and authority } and all
the doleful evils which .Ckrgy-domination and worldly-Prelacy hath
produced? And to fee Chriftian Emperors, Kings, Princes, States
and Parliaments, to enflave themlclvesto a dominating Clergy ? This
is it which makes wife and good men to think it were much better
to let Bifhops and Clergy-men be meer and fimplc Bifhops and Cler-
gy-men, and no more - , and for the Magiftrate to keep the Sword
in his own hands. For if once you take up this for a principle, that
the-example of Chrift and of his Apoftles, and of the Paftors and
Bifhops of the Churches for the firft Three hundred years, is not a
iufficient pattern, yea, and the very beft pattern for all Chriftian
Pallors and Churches to conform to *, if once you leave this, you
depart from the fimplicity that is in Chrift, ^ Cor. 11. 5. It is not
poflible to keep out pride,, contention and domination, thefe will
be, and they will prove the fcab, yea the plague of the Church, and
danger to eat out its vitais, or fo weaken and confume it, that it
will want much of its ftrength and beauty.
2j. Sound prudence is always to go by a fure and fledfaft Rule.
Chrifts pattern, the way and prattice of the Apoftles, and firft and
moft pure Churches, is a fure rule to go by : Keep to this, and we
are fafe. God will not find fault with us tor holding us to his Rules,
and feeking to be no more wife, no more holy, no more great, and
honourable, and good than his Rule and Standard requires. But if
you alter your rule, and once think, and fay, the Clergy muft have
Ibme more honour and jurifdiftion than fo, you let in confu ion,
contention, domination, and a troop of evils and mifchiefs not to be
told. As in the cafe of Ceremonies, and namely that of the Crofs
in Baptifm, if it be prudent and advifable to add unto Gods inftitu-
tion of Baptifin a dedicating fymbolical fign, and fay, that Baptifm
without it is not beft as Chrift ordained it, you may by the lame
reafon add Cream, and Salt, and Spittle, and a multitude of vain
and foolifh things \ no juft bounds canbefet.
24. And therefore Bifhops, Paftors, and Clergy-men in Parlia-
ment, fhoulcl make their humble addrefs to the King, the Nobility,
and Commons in Parliament to this efteft. Our office is to be
Bifhops and Shepherds of Souls, to give our felves continually to
Prayer, and to the miniftry of the Word, and to take heed to our
felves, and to all the flock over which the Holy-Ghoft hath made
us overfeers. Had we more time than we have, had we more wifdom
and
[21]
and goodnefs in our Souls, could every one of us do the work of
ten of the bed, and ableft, and mod godly Bifhops and Pallors that
ever the Church of God had, the Souls in England and Wales would
find us all work enough. We may not leave our work and calling
unto which we are leparated, without injuring you, and us, and the
fouls of our people, and procuring far more damage to all fides, than
the benefit can countervail. Thefie honours that you put upon us,
thefe places of dignity and jurifdiftion that you put us in , are a
lhare and a burden to us: they are no priviledg but a let. To
drive for them, were to drive to bring Fire and Gun powder to-
gether. All the while we be here, we tread as uponCoalsof Fire.
We are as if we were upon a high towring Steeple, or the trpof a
Pinacle, we cannot look upward, nor downward, behind u, nor
before us, nor on either hand, but we be in extream fear of falling.
For Gods lake, for your own fake, for the Churches fake, eafe us of
thefie burdens, deliver us from thefie fnares, let us not be pragmati-
cal and bulk-bodies; you do not love to hear Divines pragmatical in
the Pulpits and why fhould it pleafie you, or us, to be pragmatical
out of the Pulpit? We thank you for your love and well-meaning
zeal ; but you would not have us undone by you, and Church and
State fiuffcr by us, and by our danding for worldly honours and
preferment. We had rather be pure and fimple Bifhops and Clergy-
men, than neither pure Clergy men, nor pure Lay-men, but mun-
grels between both : fimple bodies are the mod: fiolid and compaft.
Gold and Silver mixt, is not fo pure and firm as pure Gold. We
had rather be fimple followers of Chrid, and Tcfcr, andTaa/, and
the fird ar.d mod ancient Bithops, than any thing that man can make
us. Never fear that we fhall want honour, countenance, reverence
and due maintenance, while we our ("elves fulfil our name and place,
and there "are mer. and Chriftians among us. If we want any out-
ward defirable reputation, edeero, or conveniency, God will be to
us an alfiufficient good, and our very wants will be fanftified to our
good. Let us go to our flocks and feveral charges whence we came,
hinder us not. Let us not be advanced in wealth, in honour, in
preferment above the reft of our brethren, who be equal with us
in wifdom, holinefs and induftrioufnefs', and many of them do exceed
us. We had rather dye preaching, and praying, and vifiting,. and
inftru&ing the fouls of our people, than dye voting in Parliament,,
and agitating State matters there. If \ou need our advice at any
time in things pertaining to the Church, and which come within the
fphere
- SMI—
[ if ■}
Sphere ana compafs of our calling, we are ready night and day to
do the beft fervice we can. And we defire you will not look upon
us as a divided party from the reft of our Brethren and Proteftant
Divines in the Nation, but that you will in all your confutations
about Church-affairs, ufe the advice of the moft found, and holy,
and impartial, and prudent, and experienced Divines in all the Na-
tion, and by all means poflible, keep the iwerd and coercive power
out of the hands of fuch as be proud and lordly, and ufurp over
their Brethren, and would let us all on a flame, and are plain world-
ly, hypocritical, felf-feeking men, and rather Papifts and Infidels in
heart, than fincere Chriftians and Proteffants. You need conlulta-
tion with Divines for your Souls, as you do with Lawyers for your
Eftates, and Phyficians for your Bodies: But as you can make due
ufe of Lawyers and Phyficians, byadvifing and confclting with them
in all neceffary cales, without making them Statefmen, and Peers,
and Lords in Parliament, and loading them with fecular great-
nefs, honour and jurifdiftion •, fo you may make all due and faith-
ful ufe of us, as Bifhops, fpiritual Paftors, and Cafuifts in Gods
Church, by uftng our advice and confutation when there is need,
without loading us with worldly honours, and making us Statelmen,
and Peers, and Lords of the Realm, and Lords and Law-makers in
Parliament; lueh things be extra-epifcopal; They will be fmall ho-
nour and comfort to us when we come to dye, and give up our ac-
counts to God. Bend your endeavours to unite all Proteffants, and
to ffrengthen the common caufe of Chriftianity, Faith and Holi-
nefs, againft the reigning errors and vices of the times, and the'moff
malignant diftempersof mankind, now degenerate, and far departed
from God. If you find us fuch as we (hould not be, do right and
juftice, and let no mans crimes go unpunifhed, nor any fcandal lye
upon the Churches, by any perfon or party whomfoever. Fidelity
to God, to you, to our own fouls, and to the Church, compels i^s
to make this addrefs, and to quit our hands of all luch matters as
will not ftand with found prudence and integrity. The f rft and beft
part of wifdom is not to err and do amifs} for then there will
need no repentance: but having erred, the next and only wifdom
is to repent and reform, that God may forgive us, and men
may have forgiving goodnefs and charity in their breafts towards
us.
25 In cafe Bifhqps and Clergy men (hall ftand for their worldly
dignities and places in Parliament, and pleau prefcrlpt-ion, and the
ex-
C 23 ]
example of their anceftors, and the right of their fucceito'rs, and
think it hard meafure to be reformed, the Soveraign with the No-
bles and Commons in Parliament fhould fay to them, We are Gods
Mmifters, bearing the Sword, and are to be a terrcur to evil doers,
and a defence to them that do well. We are to correft all dilor-
ders and abules. Let every foul be fub]eft to the higher powers. If
we find you to be out of your place and calling, we are to take
cognizance thereof, and fee that Archippns takf heed to the Mini-
slry which he hath received in the Lord, that he fulfil it, Cel. 4. 17.
As we may not forbear to ufie your advice and confultation both
publick and private when there is caufe •, fo neither may we call
you to counfel and confultation needlefly, and avc-cate you from your
Studies, and Epifcopal and Paftoral work, in Prayer, and Preaching,
and Overfeeing your 1'everal flocks, without caufe : unto} ou belong-
eth the power of the Word and Keys, unto us belongeth the power
of the Sword. If you fee any mifdemeanours in us, do your duty
faithfully, kill us not by kindnefs, flatter us not to our ruirie, make
utmoft lite of that authority God hath given you in his Church to
edification, conceal nothing from us and the people which is godly
and p. ofitable for us to know', fpare to reprove no fin which is a
fin, and which needs reproving ; do your duty faithfully, be pru-
dent, be pious, be peaceable, be diligent and blamelefs in your place,
and we fliall defend you, and be a terrour to all that would harm
and oppofe you. But if it will not content you to be as Peter and'
Taul, ad the holy Bifhops and Paftors of old, but you Will needs
be ufurping theMagiftracy, and feeking domination, and make your
Brethren of the Clergy your underlings •, if you will needs be prag-
matical and bufie-bodies, and negleft the work of Prayer and Preach-
ing, ard fuffer the fouls of your people to want due overfight and
paftoral care - , if you will heat your fellow-fervants, and caufelefly
fall out with your Brethren and the univerfal-Church, we rnuft not
wink atfuch offences, but declare them to be crimes punifhable by
a lawful Magiftracy, which we are, under God. We will hear of no
plea or prefcription againft Piety, Prudence and Peace. Ufurpa-
tion, domination, paftoral negligence, and unfaithfulnefs, and grofs
imprudencies, are not priviledges, but fins and crimes: to fay they
are ancient, is to fay they are more odious, and call for the more
deep repentance , and fpeedy, and found, and through reforma-
tion.
25. There
[ 24 ]
26, There are in this, as in moft other cafes, two extreams, which
be alike cqui-diftant from the true and right mean. The one is to
make nouleat all of Divines, nor to cor.fult with them in any cafe.
This I take to be a dangerous cxtream, contrary to the light of na-
ture, the true office and inftitution of the Miniftry, and that duty
which all Chriftian Princes, and Parliaments, and People do owe to
the Lord Jefus Chrift; unto whom they are vowed and (worn to ob-
ferve his Laws, and to be fmcerely fuhjedt to his goverment in all
things. And he doth govern his Church by Paftors, Teachers, and
fpiritual Overfeers, with whom all perl'ons of what degree and rank
foever they be, are to advife and conlult, not in every fmall and
little matter, but in cafes of weight and concernment, if they can-
not other wile latisfie themfelves-, as they will do with Lawyers about
their Eftates , and Phyficians about their Bodies. The Papilfs do
grofly tyrannize over all, both Kings and Subjefts, by binding them
to make a particular recitation or confeffion of their fins to their
Priefts, at certain times frequently, thereby making themfelves Ma-
fters infome fort of mens confciences, and unjuftly privy to their fe-
crets , and abufing the name , authority , and ordinance of Chrift,
to rigour and tyranny, and thereby deceiving and deluding fouls in-
to much fuperftition, vaffalage, and hypocrifie. To avoid which,
Anti-papifts have run into a quite contrary extream, forgetting of
what daily and (landing ule and concernment Gods Minifters are,
both to perfons and focieties. The Priejls lips are to keep knowledge
and the people are to feel^the L ave at their month , Mai. 2.7.
When the Philijlines were to fend back the Ark, they confulted
with their Priefts and Diviners, 1 Sam. 6. 2.
Minifters are not only to be heard in publick, but to be confulted
with in private, and to be made ufe of in all cafes and queftions Ec-
clefiaftical, which concern the general intercft of the Church, its
holinefs and its unity, and which cannot well and foundly be deter-
mined without the affiftance, advice, and direction, of impartial, wife
and holy Divines. I amfofar from being againft this, that rather
I judge it a common errour and mifpraftice in Chriftian States, as
well as particular perfons, that they do not make that due and godly
ufe of Minifters and Divines, which they ought to do • whence it
is that they do lo often mifcarry in their ways and counfels, becaufe
they do too much lean to their own underftandings, and either con-
fu'lt not at all with Gods Minifters, or if they do, they confult with
thofe only which are partial and unfaithful, or they do treacheroufiy
and
J ajid-tif
j liked*
I in tie'' 1
J#
titfk*
|
j SW tti
10f<
27 . Thi
jfei;
awvenien
21 undue
pointing
them to
jl Wjf
. to, id
juajorif
%i rl
| iltfOfff
(, ifei
f a Hop
. tliinj:;
;
Mot 1
MtllO
• one,
thorit
tilCh
ufetk
I tyfedi
1 lien, i
'j al aft-
I t;U 00
' tontuai
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A
' PiriOi
1 )e!si
mak
[ 35 ]
and hypocritically conceal fomething of the cafe from them, or do
like the Papifts, which make confeffion a meer ceremony, refting
in the work done, imitating her in Prov, 7. 14.
People can fend for Minifters to advife with upon their fick-beds;
they fhould do it when they are in health. There is Parliament hu-
mility and felf-denial, which Jefus Chrift; doth bind all Chrifhan
States and Rulers to, Lh^?, 23. The long Parliament had their
Affembly of Divines.
27. The other extream is of making more and further ufeof Mi-
nifters than need requires, and than will ftand with the prudence,
conveniency, and quality of their work and calling} and in making
an undue difparity and inequality among Minifters and Divines, ap-
pointing fome to be Lords and Dominators over the reft, advancing
them too high in worldly dignities, authority and preferment, and
thereby eftablifhing pride and partiality : It is grounded upon a mi-
ftake, which is, that by Gods Law, B'fhops and Arch-bifhops have
a majority of power and jurifdidftion above the reft of the Paftors,
though they excel, or be equal to the Bifhops, and Arch-bifhops,
in true wifdom and holinefs, and Minifterial graces and diligence s
whereas it is evident from the very nature of the thing it felf, that
a Bifhop and Overfeer of Souls , are but two names for the fame
thing: and that to be an Arch-bifhop, is to be Epifcoporum primus,
an eminent Presbyter, the chief of all the Bifhops, Presbyters and
Paftors: not that he hath a greater commiffion than they. The
authority and commiffion of Bifhops, Paftors, and Minifters, is but
one, Matt. 28. ip, 20, and it confifteth in thefe three. 1. An au-
thority to Chriftianize Souls, and admit Difciples into the Family
of Chrift, which is his Church, by Baptilm. 2. An authority ta
ufe them as Difciples and Members.of the Family when admitted,
by feeding them with knowleag and underftanding, watching over
them, and doing all neceflary and convenient, epifcopal and pafto-
ral atts and offices to them. }. An authority to difcommon and
caft out of the Family, by penal and juridicial Church-cenfures,
contumacious and grofly disorderly livers, whom no other remedies
will amend.
28. This threefold authority every right ordained Presbyter or
Parifh Minifter hath, and no Arch-bifhop or Bifhop hath more^
for more is not neceffiary, nor is there any place for more. And
Jefs will not fuffice to make a man a compleat Paftor 5 and Chrift
makes no incompleat Paftors. Qui aliquid aliciii cortcedit , coticedit
D " &
ss
fill
I i,
I
ft
Vi tl'i
■ 1*1
t« i
w.1 i. 'i.
[ 26 1
& id fine quo res ipfa neqult cornedi. He that gives the end, doth
includedly give the dire, an'd regular, and fubfef vient means. And,
Qfi adimit medium, deftruit fnetn. We muff not for fear of ma-
king every Paftor a Pope, deny him to be a Paftor. Grant him
to be a Paftor, and thereby yon grant unto him paftoral power j
and then you grant him authority to caft out as well as to take
in •, to have an expulfive as well a a receptive faculty. Minifters
may abufe their authority-, fo alfo may Magiftrates, Parents, &c.
But is that any ground to deny them the authority of Magiftrates
and Parents? If they be not fit to be trufted with the paftoral of-
fice, let them not be Paftors at all. If they be fit to be Paftors,
let them be compleat paftors. An incompleat Paftor is terminus
diminuens. No Scripture, nor found Reafon doth give any warrant
for making men but half-Biffiops, half-Paftors and Presbyters. I fay
again, That an Arch-biffiop is but an eminent Presbyter, as Peter
among the Apoftles, or as the foreman of the jury. The reft of the
Apoftles are compleat Apoftles as well as Peter , and have equal
commiftion and authority. The reft of the Jury are jurors as well
as the Foreman, and are equal judges of the faft True it is, that
among Apoftles and Paftors who be equal as to Office and Com-
million , there may be much inequality as to gifts and graces,
and faithful and wife execution of their office. As all Parents have
alike authority over their Children •, but all Parents are not alike
wife, and good, and officious in their places: unto fomeGod giveth
ten talents, unto fome five, unto fome two, unto all at leaft one.
And it is Gods will that he who is beft, be beft efteemed, and that
the lefs wife do learn of the more wife , that the younger fubmit
thetnfdves unto the elder , yea, all of yon be fubjebl one to another,
aftd be clothed with humility, i Pet. 5- 5 Minifters cannot always
be executing their Office, as Praying, Preaching, Bapt zing, &c.
And there may be fome parts and branches of the Office which
they may never be called to exefcife, as Ordination, authoritative
Excommunication, and Abfolution. And no authority is given but
for Uie and edification $ and where there is no ufe of it, or where
it cannot be ufed without making things worfe, and doing more
hurt than good, it is to be forborn. Eut it is fit that Minifters
be Minifters, and Paftors and Biffiops, be Paftors and Bifhops, and
be invefted and intruded with compleat Paftoral and Epifcopal pow»
er, and that they do ufe andexercife every branch and part of their
office and authority, when, and fo often as fanftificd Confidence,
and
[ 27 ]
and found prudence and difcretion (hall fay it is convenient, and
they cannot forbear to do it without manifeft damage and inconve-
nience as it is convenient a Captain have his Sword, though he
may not be put to ufe it in fight againft any. And it is fit that
a Schoolmafter have power to ufe his Ferula , and moderately cor-
reft untoward and mifruly Scholars, though poffibly he may have
nonefuch, and fo never be put to ufe the Rod.
29. This being fo, I muft needs grant, that if it be convenient,
and advifable, that the whole tribe of Minifters who be of the order
of Presbyters, be accounted Lord-Bifhops, Lord-Presbyters, Lord-
Paftors, and Lord-Preachers, and have equal right to be Lords and
Statefmen in Parliament, and fupream Judges in all caufes and que-
(lions, both Political and Ecclefiaftical, which (hall come before that
"honourable Affembly ; then I yield the caufe, my pofition is erro-
neous, and I do ill to (ay it is inconvenient that Clergy-men be
Lords and Statefmen in Parliament. But if it be inconvenient and
againft found prudence, to honour, or rather burden the whole
Tribe of Minifters, and right-ordained Paftors and Presbyters, with
thefe honours, preferments, greatnefs and authority, then I fee not
but my pofition will hold found and good \ for if all appearance of
•evil is to be avoided, then all appearance of partiality is to be avoid-
ed ; and of that partiality which hath conjoined with it many fnares,
and which a wife man is bound to avoid as diftraftions, precipices,
and burdens. I have no envious partiality againft Arch-bifhops and
Biffiops *, I am neither againft the name, nor the office and thing
imported by the name. Every Paftor unto whom God doth give
more than ordinary gifts and graces, is in my judgment a real Arch-
biffiop in Gods Church, jure Divino: a chief Paftor and eminent
Prelate in Gods Church above his fellows: of which rank I doefti-
mate the famous Vjher, eAuguftine, zAthanafiui, Calvin, Zanchy,
Bradford , Davenant , Cranmer, Dod, Bains, Hilderfham, Frefion,
Sibbs, Gataker, Jofepb Hall, Babington, Jofepb <A lleine, and many
more both ancient and modern Divines: all burning and (hining
lights in Gods Church, more eminent than vulgar Divines. I think
myfelf not worthy .to carry their Books after them. I think they
better deierve the Title of Lord, than many a temporal carnal Lord
that is honoured with that name. The fifth Commandment bind-
eth me to honour my Father and my Mother : and my Catechifm
teacheth me, that by Father and Mother is to be underftood all fu-
periors in office, age and gifts. Good Obadiah fays to J Elijah, zArt
D 2 thou
L 28 J
thtH that myLord Elijah, 1 Kings 18. 8 ? The truth is, our ordinary
word ALafter, or Sir, which we give to almoft ail, importeth the
fame with the title Lord , it being in Greeks, Knrios and Kurie, in Latin
Domintts and Domine , lave that cuftom which is the great arbiter of
Speech, doth appropriate this title Lord , to the temporal nobility.
If wemuft give honour to whom honour is due, and honour ail whom
God doth honour, or elfc we are difobedient to Gods word andun-
holy, then both Clergy-men and Lay-men, Magiftrates, Pallors,
Parents, and private Chriftians are'to be honoured with decent and
feemly honour, without denying them what all wife and peaceable
Chriftians account to be their due, and to be fafe and decent to be
given to them ■, or giving them more, out of flattery and bafenefs,
having mens perfons in admiration- becaufe of advantage. See Job
32 .22. Jade, 16,
30. But now it is not the cuftom with us, nor with the Churches
of Chrift and Chriftian people, and cuftom in this cafe creates a Law,
1 Cor. n. 16, to give the Title Lord to the Pariffi-biffiops andPref-
byters, though never fo eminent: and it is but meet, that accord-
ing to the ufe of all Nations, and the Scripture it felf, a difference
be made between the temporal Nobility and the Clergy. And why
it fhould be gWen to a Popifti Bilhop meerly becaufe a Bifhop, fuch
as Bonner, Gardiner , and many of the Popes and Cardinals, who
have been Wretched men, or to a Ridley , a Hooper, a Davenant,
rather than to a Bradford , a Philpot, a Dod, a Jofeph Alleine , I
know not. If the honour be due to the Office, then all Minifters
mull be counted Lord-bifhops and Lord-paftors, 1 am clear in that,
Aft. 20. 28. PhrL 1. 1. This I know will not pleafe our Lord Arch-
Biffiops and Bifhops, and thofe whofe zeal upholds them. All that
I. contend for is, that all that be equal in office, be equal in ho-
nour, and no one partially preferred 3 no one affume tohimfelf car-
nal ftate and fuperiority over his Brethren. Jam, 3, 5, Behold, how
great a matter a little fire kindlethl This advancing of equals above
their equals, and brethren above their brethren, and pallors above
pallors, in Gods Church, is not good.
31. I do not impugn bare names and titles, but my aim is to im-
pugn faftious partiality, and pride in Clergy-men, occafioned by the
over-indulgence of Princes and fupream Magiftrates. It is fimplicity,
humility, and fincerity in Biffiops, which I contend for. Either the
Arch biffiops and Biffiops mull comedown, and abate of their ho-
oour^ their lordtinefs, their principalities and worldly ftate, and be
upon
C 29 ]
upon even ground with the reft of their Brethren, who have as good
infides as they, and are as real Biffiops and Overieers of fouls as they,
and have equal office, authority and commiffion with them, Mutt.
28. 19, 20. J oh. 20. 2 3. and will pais for as much at death and
judgment as they: or elfe the reft of their Brethren who be equal
in office and merits to them, muft beheightned and advanced, and
made to be upon even ground with them. This latter is not advifa-
ble, nor will be granted^ it is not fit it fhould : The other is both
feifiable and convenient. Ifcyvill make our Arch-biffiops and Biffiops
to be noworfemen, nor worfe Arch-biffiops and Biffiops, if they be
but meer and fimple Biffiops of Souls, and meddle no more in State-
matters, and fecular affairs, than needs they muft, and will ftand with
the order, and quality, and greatnefs of their work.
32. Do you think in good earneft, that Church and State will al 1
go to rack and ruine, if our two Arch-biffiops, and the Diocefan
Biffiops be not prefent in Parliament, and fit as Lords and Princes
there ? muft they have the hearing of every Caufe, and be f'upream
Judges and Magiftrates, and political Officers under the King? were
it not more becoming you to be among your people, Preaching and
Praying, and vifiting the Souls and Families under your charge, in
imitation of the Apoftles, <*s4cl. 20. API- 6. 2,3,4,21,28, 31.
than ftriving for worldly greatnefs and fecular precedency ? is not
the way to Heaven ftrait enough to you, but you will make it more
ftrait ? Cannot Tray tors and Murderers be tried without you ? would
it be any difparagement to the beft. of you all to be as Peter and Paul,
yea, as Jefus Chrift himlelf, rather than like the Pope? do you
ftand for thefe worldly honours and preeminencies out of pure z.*a!
for Gods Glory, and the Churches good ? Why then do you beat
your fellow-fervants, and ufe them more unchriftianly than Pagans
have ufed Chriftians? 1API. 58. 20, 21. and give your Votes that all
the Paftors in the Land be filenccd and put down, for not affenting
and confenting to many things which you your felves confefs to be
in their own nature indifferent, all moderate and found conforming
Minifters confels to beburdenfom and inconvenient, and multitudes
of confcientious, and learned, and peaceable diffenting Divines and
Proteftants do fay, are flatly unlawful ?
33. It is an errour to think that Epifcopacy, and Arch-epifcopacy
cannot ftand, unlefs Biffiops and Arch biffiops be made Lords, and
Legiflators, and Princes in Parliament, and have worldly grandeur,
authority, and greatnefs to fupport the fimple office of Prelacy and
/
c 30 r
Epifcopacy in Gods Church. Thefe worldly additions and cumulati-
ons of fecular office and honour, are things extrinfical to right and
fimple Prelacy and Epifcopacy. Right and fimple Prelacy and Epif-
copacy do not ftand by the will and donation of Princes, but by a
fuperior Law, even by Divine and unchangeable Right, by the
Word of God, and by the law and light of nature, and the intrinfi-
cal goodnefs and expediency of the thing. For if there were no
•Chriftian Magiftracy or Parliament, yet would there be Prelacy and
Epifcopacy in Gods Church. It is of the law of Nature that the bed:
be bed efteemed, and that vulgar Paftors and Divines, that have but
one or two talents of Minifterial and Epifcopal learning, holinef,
wifdom and ufefulnefs, give place to thofe who are more eminent,
and whofe graces and vertues do render them Angularly excellent
above their Brethren, though they have but one and the fame com-
miffion and authority. Authority is one thing, Spiritual and men-
tal qualifications and endowments are another thing. Now we lee
how that God himfelf doth difference among the Paftors, by con-
ferringon fome, extraordinary abilities and qualifications, and there-
by notifying to all the Churches, thefingular reverence and efteem
which he would have fuch eximious perfons to have from ail the
Churches*, as Daniel was preferred above the Prefidents, Dan. 6. 3,
and Ejiher and her Maids above the Women, Ejihcr 2,0.
34. Every man naturally hath a Pope in his belly, is the common
faying : Pride is an inborn fin. It is exceffive pride in the Pope, to
thrnk himfelf more than a man *, and it is exceffive pride in an Infant
to think himfelf a grown man : and in Paftors that be but of infant-
underftandings, to think themfelves equal with fuch as be of grown,
and large, and fingulafly eminent underftandings.
Simple Prelacy among Divines, is a Divine thing. Every eminent,
holy and wife Presbyter, is a real Arch-bifhop in Gods Church : This
he would be, were there no Chriftian Magiftracy to uphold him.
Th ere is a fubjnftion due from one Paftor to another, as from one
man to another, 1 Pet. 5.5- As it will not ftand with true Chrifti-
an humility, felf-denyal, and fubjeftion to Chrift in all things, that
Paftors do dominate over Paftors, and Lord it over their Brethren,
1 Tet. 5. j: So it will not ftand with the fame Chriftian .graces ,and
duties, for one Minifter of inferior and fmaller parts, gifts and gra-
ces, not to acknowledg the greater gifts and graces of others whom
God hath made more eminent.
There
[ 31 J
There is as great variety of Paftors, as there is of Men and of
Saints*, fome are as eyes, fome as hands, fome as feet in Gods
Church. The weakeft fincere Chriftian Paftor, is a Paftor, as truly
as thehigheft and mod excellent Paftor, and is of uie in his place:
in this there is no difference between the mod eminent Arch-bilhop
Vflier, and the meaneft honeft Parilh-Minifter. But then as to wif-
dom, and holinefs, and ufefulnefs, there is great difference and ine-
quality ; and out of this arifeth natural, fimpte, divine and unchange-
able Prelacy, Epifcopacy and Arch-epifcopacy *, which is not a thing
pleafing to flefh and blood, and it doth neither favour, nor make
againftanyof the three forms of Church-government called Prelacy,
Presbytery, and Independency ; further than they do favour, or be
againft true impartial godlinefs: of which this divine and fimple
Prelacy among Divines, is one eflential branch. I do not fay, it is
an appendant or appurtenant of Godlinefs and Religion ; but is an
effentia! branch. It is of the effence of my Religion that I put a
difference, as between a godly and ungodly Paftor fo alfo between
a godly Paftor, that isalmoft ungodly, and hath but one talent of
godlinefs *, and a godly Paftor, who is of the higheft rank of god-
ly Paftors, and is full of the wifaom, and grace, and joy of the
Holy Ghoft, and is of extraordinary ufefijnefs and eminency in Gods
Church.
We muftnot, for fear of inclining to the Popes lordlinefs and fu-
premacy, run into another dangerous extream, and tempt Infants to
think they are Men, and Scholars to think that they are fit to be
Teachers*, and Learning Dilciples, Novices,and Children, that they
are equal in wifdom and knowledg to their Parents, Mafters and
Tutors, between whom there is no compare.
35. 1 make no doubt but there have been holy and eminent men
Lord-bifhops and Arch-bifhops, Peers in Parliament: God forbid
that I fhould think or fay otherwife. But either they were 110
more but meer and fimple Bifhops and Arch-bifhops, chofen and
fingled forth from among their Brethren, to be confulted with in
matters and cafes ecclcfiaftical, and proper for Divines and Bifhops;
or they were more.
If the former, and they kept in the rank and ftation of Bifhops and
Divines, for my part I am not he that fhall oppofe it. And if
there be any word in all this deputation againft fuch ufe of Bifhops
and Divines, indfttHmvolo, I wiftiitunfaid,
Bug;
[ 3* ]
But if they were more, and took themfelves to be more than fim-
pleBifhops and Paftors in Gods Church, and to be fuperior to their
brethren in power and authority,if theytook themfelves to be fupream
Magiftrates and Judges, under, and with the King in the Houfe of
Lords, and to have jurifdittion and lordfhip proper to Magiftrate? and
fupream coercive Judges, and to the Nobility, Peers and Princes in
Parliament \ this I hold to be extra epifcopal, to be a fwc-rving from
the fimplicity that is in Chrift, and an undue prelation of Paftors
above Paftors, and a deformity added to the beauty and luftre of
fimple Epifcopacy; and it is a caufe of more evil than good, and upon
a juft computation of all, both conveniences and inconveniences \ it
will be found a truth, that Church and State have been both lofers }
that Bifhops and Arch-bifhops themfelves, who have had luch external
honours, preeminences and authorities, have been lofers in their Souls
by them, and that it had been better for all fides, that they had kept
in the Ration and quality of fimple Bifhops and Divines.
$6. The Arch-bifhops and Bifhops with us have three Ordinations j
firft, they are ordained Presbyters, then they are ordained Bifhops,
then they are ordained Arch-bifhops. Nowthefe two laftOrdinati-
ons are rather nullities and corruptions, and doluppole that there is a
majority and fuperiority of power in Bifhops over Presbyters, and in
Arch-bifhops over Bifhopsand the next ftep muft be in the Pope over
all. For to be a Bifhop and Shepherd over all the Souls and Shepherds
which be in England, is a vice of the very fame kind with that of the
Popes, who fays he is Chrifts Vicar upon Earth, and Bifhop over
all the Bifhops and Souls which be in the world which is to
claim and ufurp the office of Jefus Chrift, and to attempt the doing
of that which is ablolutely impoflible. It is indeed more impoffi-
ble for one man to be Bifhop and Paftor over ail the Souls and
Bifhops which be in the world, than it is for one man to be Bi-
fhop and Paftor over all the Souls and Paftors which be in England.
Both be alike fimply impoflible j though the one is more impoflible
than the other. And they do both favour of proud felf ignorance,
and grofs affeftation, and felf-feeking, as though one man could
be in a thoufand places at once, Baptizing, Preaching, giving the
Lords-fupper, vifiting the fick, inftrufting fouls, and doing all other
the atts and offices of a Scripture-Bifhop and Spiritual Overfeer of
Souls, 20. 28. To the creating of a Bifhop or Arch bifhop,
there needs no more but an eleftion and nomination of him to the
place, as is done by the Houle of Commons when they chufe a
, - Speak-
C33 ]
Speaker. His office is no more but to be as the Foreman of the
Queft. If he have not wifdom, holinefs, and Minifterial worth and
ufefulnefs anfwerable to his name, he is but an Arch-biffiop in
name, he is rather a poft or cypher than a man.
37. Alfo our Prelates do take upon them to be Ecclefiaftical Legi-
flators and Canon-makers to all the Churches, and to all other Pa-
flors *, and they conftitute them a Lay-Chanceilour, and require of
all the Clergy an Oath or folemn promife of Canonical obedience to
them and their Chancellors. They call their Chancellor their Vicar
in fpirituals, and unto him is committed the power of difcipline and
jurifdiftion ecclefiaftical over all, both Clergy and Laity ^ and the
Church-Canons are his Law and Rule, which being too crooked for
honeft men to conform to, he fpares not to excommunicate themj
and -upon a fignificavir made by him into th cChancery, out comes an
Excommunicato capiendo , and the party rauft either go to Prifon all
his days without Bail, or make his compofition much to his ffiame
or damage, or both. And Excommunications and Abfolutions in the
Bilhops Court are bought and fold for money •, and the worft men
are fpared and countenanced, while the beft men are harafted, and
anathematized, and accurfed from Chrift and his Kingdom.
-j8. Now the Biffiops being confcious to themfelves, that this kind
of prelacy, and domination, and jurifdi&ion, is not good and equal,
but rather like the Popes fupremacy over all, and thofe whom the
HolyGhoft brands, Nehem. 5. 15, who ruled over Gods people by
their Servants, as now the Bifhops do by their Vicars, Subftitutes,
and Chancellors ^ but fo did not good Nehemiah , becaufe of the fear
of God : They, I fay, being fenfible hereof, do get to be Princes,
and Lords, and Statefmen in Parliament, and thereby infinuate them-
felves with the Soveraign, and with fuch of the Nobles and Gentry
as love to be flatter'd and fmoothly dealt with } and by this means
eftablifh to themfelves, and to their Chancellors, worldly and car-
nal jurifdi&ion, and dominate over their Brethren, and become the
Authors of Se&s and Fattions, and hinder the holinefs, the unity
and concord of the Churches,. and rather than they (hall not be
Lord-bifhop, and partial, and faftious, and bufie bodies in Parlia-
ment, Church and State muft fuffer, and the common quiet be in-
dangered. They will not endure to be upon equal ground with their
Brethren as wife and good as themfelves: as the Pope will not abide
to be touch'd in his fupremacy.
19- I
C 34 1
?£> I fhall add this one word of caution, Though it be not ex-
pedient that Bilhops be made Magiftrates, and Paftors trufted with
the Sword-, yet it is fit that Magiftrates be Magiftrates, and not
Cyphers, and that they do not bear the Sword in vain j and that
they do back the power and authority oi the Miniftry,. and court-
tefiance and uphold the facred Othee, by being a terror to evil do-
ers, and a praife and defence to them that do well. There ought
to be a due temperament of Magiftracy and Miniftry, that we
might lead a peaceable and quiet life in all godlinefs and honefty.
Though the Sword is not Goe s Ordinance for the converfidn of fouls,
yet it is Gods Ordinance for the punifihing of vice, and protection
of vertue outwardly ; and for the juft encouragement of worthy
Paftors, and the difcouragement of the unworthy. Anciently God
did lead his people by the hand of Moftes and oyfaron ; they both
made but one hand.
And it is a Law of univerfal equity, binding all Chriftian Com-
monwealths. Judges and magiftrates Jhalt thou ma\e thee in all thy
gates, which the Lord thy God giveththee throughout thy tribes: and
they Jha/l judg thy people with juft judgment, Dent. 16. ia. And as
there ought to be a lufficient Miniftry in every Parilh fo alfo
there ought to be. a due proportion and contemperament of coer-
cive Judges, and revenging Magiftrates, in Cities, Towns and Fa-
rifhes, that the people might have both Law and Gofpel; means
for their Souls, and means for their outward peace and lafety nigh-
at hand.
It was the-cuftom \n England anciently, for the Bifhop and the
Sheriff, who was then called Eat I of the County, and was fupream
Magiftrate under the King in the County, to go in Circuit all over
the County, the one to teach the people Religion and the way of
good living, and to vifit all the Churches; and the other to decide
civil Caufes, and to chaftife and correct offenders and offences, and
execute revenging wrath upon evil doers: And by this means there
was much quiet, and good living, and order in the Realm. This
eourfe is now antiquated and degenerated into another courfe, not
fo profitable and convenient for good order and public k quiet, and
that is the Circuit of Judges itinerant twice each year through the
Realm, keeping their Affzes at one place only,, arrd making all the
County to come thither: and having a Judges Sermon Breached at
the entrance of the Affzes.
Though the Church and Miniftry will ftand if the Paftors do their
duty -,
\
[ 35 ]
duty •, yet if Chriftian Magiftrates do not their duty in their place
and calling, they do fo fat unchriftianize themfelves *, and if they
proreft the evil, and pifniifi the good, or think that tinder pretence
of Liberty of Conlcience men may be allowed to idafpfreme God,
to teach Atheifm, Infidelity, and Soul-deftroyifrg Sdftvihti, a'nd aft
the part of Cerah and his complices, agaffift the faithful W mi Iters df
Chrift, Gocf will make them know one day, that that was nOt the
end for which he appointed them Magiftrates, and that they be his
Minifcerf, and are therefore called Gods, 2nd 6ttght nor to bear the
Sword in vain, and to ftand by, and fee the Church wafted, per-
lecuted and torn in pieces by violence, herefies, fchifnis, profanenefs
and wickedneftes, and they be like Gaftio, unconcerned, and care
for no fuch things.
And the truth is, it is no i.ttle that the due execution of the
kigiftrates office doth conduce to the Ibccefs of the Gofpely and
the promoting of the Miniftry, and of the Word and Wohk of God
upon mens Souls. And therefore though I diflfent frofii the worthy
Davenant in this, That he would have Pallor's to be Magiftrates^
and I Would have Paftors to be'but meer Pallors, afid the Office of
the Magiftrates to be ar» Office by it felfi, and betrufted with fit pel-
fons who are no Paftors, and who mayintend it, and make-iif tlfoir 1
work : yet thus far 1 agree, that it is moft convenient and godly,
that throughout all the Churches, there be in every place an heir
of reftraint, a revenger to execute wrath upon them that do evil,
and to pvoteft the good i that thefe two ftanding Ordinances of
Jefus Chrift, and of God the Father by him, may ftand and confift:
together, and walk hand in hand, and mutually fupport and con-
lerve each other for the Glory of God, and the good of Church
and Common-wealth. And this is no Vtopia or Platonick_Idea or
form of a Common-wealth, which is but a fiftion or imagination,
no where to be found in this World : But it is obvious and plain to
all, and needs not fo much any new inftitution, as a reftauration of
ancient praftice, and a faithful execution of what all fides agree ir,
confident with the municipal laws and fanftions of this Kingdom.
40. If any fhall think I have committed inexpediency in writing
againft inexpediency, and have medied with a point that will not
abide to be medlecl with . when 1 am convinced of it, I will ac-
knowledg my error : Till then i will ftand upon mine own de-
fence, and plead not guilty. Alnoft imprudent, is prudent. If
any tax me of pragmaticalnefs, I anfwer, it is pragmaticalnefs that
I
[ 3« ]
I write againft, and I cannot cure the wound unlefs I fearch it t©
the bottom, and apply to it fuitable Plaifters. Pragmatical Divines
cannot content themfelves to be Divines in common with their Bre-
thrcn, but they will play the Bifhops in anothers Diocefs, and
think it well becomes them to immerfe themfelves in State-affairs.
If it fhall be faid, that hereby I caft afperfion upon the Govern-
roent of the Nation, and cenfure the judgment and efteem of many
generations of Princes, Parliaments, Wife-men, Divines and Coun-
lellors. I anfwer, That if it be lawful for a Daveuant to affert in
Schools, and publifh to the world an erroneous pofition, Civilis ju•
rtfditfio, jure conceditur ecclefiajhcis \ it cannot be thought unlaw-
ful by equal judges, for another, though not to be named with
Dxvenanty to affert the contrary, and ftiew the unfoundnefs of his
opinion, though with all juft reverence to fo worthy a man. And
in doing this, I do but expound the true meaning and extent o'"
the fifth Commandment, and affert the rights of the Church u
verfal, and the confentienj judgment of the beft and founded Di-
vines, and the due bounds of Magiftracy and Miniftry, and reduce
things to primitive order and fimplicity, according to the pattern
of Chrift and his Apoftles, and the firft and pureft times of the
Church.
FINIS.
Summits Anglite StntfthtUut s
o R, A
SURVEY
Lord High-fteward
OF
ENGLAND,
r HIS
C ffice, Dignity, and Jurifdiftion;
Particularly the manner of
Arraigning a Peer
INDICTED OF
TREASON, or FELONY.
In a Um to the LORDS in the TQ wer, with Re* 5
folurions to certain (QUERIES made by their Lord- *
ihips } relating to Trayterous and Seditious Pra&ices,
Written at their Lord Hit ps Requeft,
I n->n ra ^,..v,'V»i. w . L . .fj J, r —■ I II ■! I , mbII I bilL-UJ
Funejla Securti, Regni Security
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(3)
- m '■
THE
NATURE of the OFFICE
0 P A
L. HI(j H'STE W
My Lords,
1 Shall not entertain your Lordfhips with any Preli-
miliary Difcourfe, but prefently let you into the
main Building. As the Royal Power and Soveraign*
ty of the Kingoi Englandis a repleat compared
Body, and impartible, even fo the Attributes thereof
are (as Jurifls ipeaks) fo indivifible in therrtfelves> na-
turally and inrrinfecally inherent in the Crown, that
they cannot be made away, or fo communicated to the
Subjeft, as to diveft hitnfelf of them, to the leffening
Soveraign Majefly . yet by Truft, and Delegate Power,
the Execution may be transferred to others, to eafe him
of a tronblefome burthen.
Now among thofe feveral Minifters, or Officers of
Law, that are bv his Mojl Excellent Majefly fubftituted
to eafe him of labour, (but not to deprive him of Po w-
er) the Lord High Steward of England is one of the firffc
Magnitude ; the Nature of whofe Office will the better
be comprehended by your Lordfhips , if you vouchfafe to
confider the particulars following.
i. The Etymology of the words, {steward and Sej
weft hall hs. )
1 AI t . gis
2. His Lcrdjbips Stile, and the Antiquity of his Office^
J. How this great Office was formerly holden, and
4. The Extent of his furtfdiSlion and Power, and the
Rules he ought to judge by,
5. The Order and manner of Arraigning a Peer of the.
Realm before this Great Officer,
'■ Cokz Litt. For the derivation of the words Steward and Sene-
I 61. a. fchallus, lome fay the firft is derived of Stewe, i.e. a
Place, and ward, which fignifieth a Keeper, Warden, or
Governour.
f Others fay that it comes from Steda , a Saxon word,
Lib.Q.Le w hich fignifies a place alfo, and ward, as it were
I Salop's ' ^ le Keeper or Governour of that place: 'tis a word di-
Cafe. 4 .8. b. verfl y "fed * n £ *" s Kingdom; in the firfl: acception, 'tis
taken for the Lord High-steward, out of which Magi-
ftracy, lower Officers have their rile ; as Senefchal de
r Ho fie I de Roy, the Steward of the Kings mojl Honoura-
ble H'JuJhoU, Anno 24. H. gl c. 13. whole Title was
' Vlo»>d. Com. changed to that of Great Majler, Anno 32. H'.S. c.39.
1 f- 1 5 2s but this Stat, was repealed by that of 1 .Mar, 2 Pari,
e, 41. and the Office of the Lord Steward revived.
There is alfo a Steward of the Marfhalfca, Anno 33.
| 7 .., H. 8. c. 12. and likeu ife a Steward of a Mannour, whom
1 ' C ~ ' Fleta fully delcribes. To be Ihort, this word is of fo
great diverfity, that there is no Corporation of any Ac-
count, or Houfe of any Honour, through the Realm r
but it Ihall have an Officer belonging to it of this
Name.
| 1 But I proceed to the word- senefchallusi
Mnjhaus. Sene fchal is z French word, the Italians call it Senif-
calco, diff.
k
a Schalh, i. e, Servus aut Officialis & geftnd y
i.t^jmilia^ buthets'tis taken for the High-steward of
England.
ei~ I - (tA Seme.
( 5 )
Some derive it of St in, a Houfe or Placed and Scheie
an Officer; others fay Sen is an ancient word for Ju-
ftice, fo that moftnaturally it fignifies Officiarius Jufli-
tfat, and this agreeth well with his Authority and Du-
ty, to proceed Jecundum Leges & confuetudinis Anglia,
In the next place;, I am to confider his Lordjhips stile,
which in Latin is Senefch alius Anglu, and his Court is
Intituled, Placita Coron* coram Senefchallo Angli<t 5 and
when he fitteth by force of his Office, he fitteth under
a Cloth of Eftate, and fuch as direct themfelvesto him,
fay, Pleafe your Grace^ my Lord High Steward of Eng- Co. 4. Infi.-
land. SP'
As to the Antiquity of the office , 'tis very ancient, and
was before the Conqueft: For Sir Ed. Coke tells us,
that he himfelf hath read an Authentical Manufcript,
intituled, Author it.is senejchalli AnglU • which putting
an Example of his Authority, faith, Sicut accidit God-
wino, Comiti KancU, tempore Regis Edwardi, Anteceffo-
ris Willielmi Due is Normandiac, pro bujujwodi male ge-
fits, & confiltts Juis, per senefchallum Anglia adjudjeatus,
& foris fecit Comitivam fuam. In the time of William,
the Conq'itrour , William Fuz-Eajlace was Steward of
England.
Next come we to confider, how this Great Office
was formerly holden, and how at this time.
This Magiftracy was formerly of Inheritance, and
belonged to the Earldome of Lcicefter, as appeareth by
a Record produced by Sir Ed. Coke - Senefchalcia. AnglU
pertinet ad Comitivam de Leicester, & pertinuit ab an~
tiquo.
Other Records teftifie, that it bdong'd to the Barony
of Hinckley - and my Lord, Coke tells us. that in the.
Reign of William Rufus, ind H 1. H'gh Grantfemenel,. ,
Baioriof Hinckley, held that Barony by the raid Office ;
Ephori
Jldagijlra-
tus quidam
Lacedemo-
niornm op-
pofiti Regi-
bus, qui in-
fpicicbant
ca cjH& ad
Rempub-
pertinebant.
(<) '
fo that there feems a diverfity between thefe Records*
but we fhall reconcile it thus: Hinckley was parcel of
the Pofleffiofis of the E. of Lekefer; for Robert "Sella'
moat, E. of Leicefter> in the Reign of H. i. married
with Petronil , Daughter and Heir of the faid Hugh
Grantfemcnel\ Baron of Hinckley , and Lord Steward of
England ; and fo it continued, till by the forfeiture of
Simon Mont ford it came to King H, 3. who in the fiftieth
year of his Reign created Edmond his fecond Son Earl
ef Leicester, Baron of Hinckley , and High-Steward of
England 1 which continued in his Line, until Henry of
Bullingbrook , Son and Heir of John of Gaunt , Duke of
Zancafier , who was the laft that had any Eftate of Inhe-;
ritance in the Office of the Steward of England,
Since the time of H. of BitUingbrooky this great Office
was never granted to any Subjeft, but only hac Vice :
and the reafon was, for that the Power of this Officer
is fo tranfeendent, that it was not holden fit to be in a-
ny Subjedfs hands £ For a Recur d faith, Et iciendum efi
quodeyss Cfficium ejl fapervidere & regnare Jub Rege } &
immediate pojl Regent totnm- R°gnum Anglia , & omnes
Mintflros Legum infra idem Refrnum r temporibus pacts
&guerrartim 3 &c. and proceedeth particularly with di-
vers high Powers and Authorities.
, It is a Place of that TranfcendettCy and Heightb, that
it might iftforne fort mkfdfj^tfte 1 ' Ephori among the La-
cedemonians : The-cuftom of Outr Commonwealth hath
upon great tonfideration arid policy brought it to pafs, 1
that this Officer is of no great duration, biit only for
the difpatch, of fome fpecial bufinefs,as the Arraignment
of fome Noble-man , in cafe of Treafon , &c. which
once ended, his Commiffiori expireth: fo chat we may
defcribe him thus; Magijtrktuy eft Exce/fus, qui "pro
uno dtfy a Rege ordmatur^ cum aliquis ex. Rroceribus Kegni
in Judicium vocatur de noxa Capital% Now
(?)
Now We are to take a Profped of the Extent of feis
JLordfhips Jurifdi&ion and Power, and the Rules he
„ ought to judge by.
Although the power and Authority of the Lord
High-Steward hath been fince the Reign of King H. 4.
but bac Vice , yet is the buf Vice^ limited and appointed ;
as when a Lord of Parliament is Indifted of Treafonqr
Felony, thenthe Grant ol this Office under the Great
Seal of England, is to a Lord of Parliament# repiting
the Inditoent; Nos cnnfderantes quod Jufttia efi %ir-
Us Excellent, & Altijfimo centpUcens, eaque prd omnibus
utivolentes, ac pre eo quod Offiaum Senefib*lli Anglic,
cujus prafenth fro adminifirattone Jufitia, & Executione
ejufdem in bac parte faciend. Reqmntur , ut accepimus
jam vale at: de fide lit ate Sir emit ate, provida Ctrcnm-
fpeffione & Indufria Vefiris plurimum confidents*, Ordi-
navimus & Cpnfiituimus Vosex bac cauja & caufis Sene-
fcbaUum No fir urn Anglia ad Cfiftcium illud cum omnibus
eidem Officio in hac parte debit is cf pertinentibus bac vice
gerend. acctpiend. ebr e-xerce»d Mantes & concedentes vo*
bis centre prafentium plenam & fnjficientem Potefiatem
Authoritatem ac Man datum [peciale Indiclamentum
pradiff. &c, So that this Great Officer is wholly re-
ftrained to proceed only upon the recited Indift-
ment.
At every Coronation he hath a Commiffion under Lite,
the Great Seal, bac Vice , to hear and determine the 79. a. b.
Claims for Grand Serjeanties , and other Honourable Alnft. $9>
Services, to be done at the Coronation, for the folem-
nizing thereof; for which purpofe he holds his Court
fome convenient time before the Coronation.
The firft Perfon that was created bac Vice for folem-
nizing the Coronation of H. 4. was Thomas his fecond
Son 5 and upon the Arraignment of Thomas Holland,
Earl*
iS
a WiT '
H
fiSftlMF
ifmfc
»1
m
ft
rs)
Earl of Huntingdon ; the firfl: that was created Steward
of England^ bac Vic, was Edward Earl of Devon,
Laftly, The Order and manner of Arraigning a Peer
of the Realm before this Great Officer is to be confi-
derd.
As the Peers of the Realm, who are Tryers, are not
fworn, fo the Lord High-Steward, being Judge, is not
fworn likewife 5 yet ought he toproceed according to
his Letters-Patents, Secundum Legem r & confuetuatnem
Co Litt 1 * or a p Commiffions and Charters for ExecutL
142. a.*' on °f Juftice, are fait art quod ad Jufittiam pertinet, fe~
4_Jnfi.f 6c. ct *ndum Legem & confuetuatnem Anglin,
But admit the Commiffion fhould be, Secundum [anas
Vifcret fanes veflras: How then ?
I anfwer, Difcrrtio efi difcernere per Legem quid fit
Jufium; that is, to difcern by the right Line oi law-
and not the warpt meafure of private Opinion .• si a fu-
re dtfeedas, vagm eru, & erunt omnia tncerta: 'Tis eer-
tain he that out-runs the Law, haftens to his own de-
ftru&ion. Cotamiffions ibww that Anrhi riie proceed-,
ing [ecundum [anas dtferet fanes, inienleare fee##*
dam Legem, &c,
, „ f The E..rl of Huntingdon was Indited of High -Trea-
1 ' ' fon in London) fry a "Commiffion before the Mayor and
Juftices 5 for that he, with other peribns, agreed to go
a Mumming (which the French call Mcfquerade) an toe
Night of Epiphany in which they intended to kill the
King, then at mnd(>r: And after the Kihg granted a
Commiffion to the Ear! of Derby, reciting, That where-
as George, E of H. was Indicted of High-Treafon, and
that he would that right fhould be done 3 and becauie
the Office of the Steward of Enghnd is now void, he
grants it to the (aid E, of Derby,- ro do Juflice to the faid
E. of Huntingdon, commanding by the fame Commif-
a
(9)
non all the Lords to be attendant upon him ? and l>re-
cept was likewife given by the fame to the Conftable of
the Tower, to be attendant on him, and to bring the Pri-
foner (viz.) the E. of H. before the faid E. of D. on the
day appointed: whereupon the E. of D. the fame day
fat in weftminfter-Httll under a Cloth of Eftate by him-
felf and the E. of weJtmerland, and other Earls and
Barons, fat at a confiderable diftance, and all thejufti-
ces and Barons of the Exchequer fat round a Table, and
after three O Yes's made, and the Commifiion read, the
Juftices delivered the Indi&ment to the Lord Steward,
which was deliver'd to the Clerk of the Crown, who
read it to the laid E. of H. which he confefted; where-
upon Hill the King's Serjeant prayed Judgment, which
the Lord Steward (after he had rehearfed the whoie
matter) pronounced in this manner ; That the E.of H.
Iliould be taken back to the Tower of London, and from
thence be drawn to the Gallows, and there hanged ■ and
being yet alive, cut down, and his Entrails drawn out
of his body, and burnt; and that he fhould be behead-
ed, and quartered, Etfic Dew propitiator Anima fu*.
The Juftices then faid, that if the E. of //.had de-
ny'd the Treafon, the Lord Steward fliould have de-
manded of every Lord in open Court, what they
thought in their Confciences, beginning with the Pu-
ifny Lord 5 and if the greater number faith Guifty, then
the Judgment to be given as above.
I refer your Lordihips to Cambden's Annals of Q.J?-
liz. for the manner of theTryalol Tho. Howard, Duke
of 'Norfolk, before George Talbot , E. of Shrewsbury, Lord
High -Steward upon that occafion.
Sir Ed. Coke defcribes the manner how a Peer is to be
tryed, in cafe of Treafon, &c. before the Lord High-
Steward of England.
B He
(io)
He mufl: be Indited before Commifiioners of Oyer
and 'terminer, or in the Kings Bench^ if the Treaion
or mifprifion, Felony or mitprifion of Felony, be com-
mitted in that County where the, Kings-Be neb fit • when
he is Indided, then the King, by his Commilfion under
the Great Seal of England, conftitutes fome Peer of the
Realm to be, hac Vice, Steward of England, whoisjudg
in this cafe. The Commiffion recites the Judgment ge-
nerally as 'tis found, and Power given to the Lord
Steward to receive the Indidment, &c. and to proceed
fecundum Legem & confuetudinem Anglia. A Command-
ment isalfo given by the fame to the Peers of the Realm
to be attendant and obedient unto him ; as alfo to the
Lieutenant of the Tower , to bring the Prifoner before
his Lordfbip.
Then a Certiorari is awarded out of Chancery, to re-
move the Indidment it felf before the Lord Steward ;
which may either bear date the fame day of the Stewards
Commidion, or any day after. The Lord Steward di-
reds his Precept under his Seal to the Commiilioners,
to certifie the Indidment fuch a day and place. He alfo
makes two other Precepts, one to the Conftable or
Lieutenant of the Tower, to bring the Body of the Pri-
foner before him, at fuch a day and place ; as alfo to a
Serjeant at Arms to fummon, Tot & tales Dominos, Mag-
nates & Proceres hujus Regni Anglic predicts R.Comitis
E. Pares, per quos rei Veritas melius fciri poterit, quod
ipjt perfonaliter compare ant coram pradicl. Senefchallo a»
pud tvefim. tali die & bora ad faciend. ea qua ex parte
Domini Regis forent facienda, &c.
In this Summons four things are obfervable.
i. That all thefe Precepts, mod commonly, bear date
in one day.
2. That
(?)
z, That no number of Peers are named in the Pre-
cept, and yet there muftbe twelve, or above.
3. That the Precept is awarded for the return of the
Peers, before any Arraignment or Plea pleaded by the
Frifoner.
4. That the Lords are not de vicineto; and therefore
the fitting and Tryal may be in any County of Eng--
land.
At the day, the Lord High Steward, with fix Ser-
jeants at Arms before him, takes his place under a Cloth
of Eftate, and then the Clerk of the Crown delivers to
him his Commifiion, who re-delivers it. After three
O Yes's by a Serjeant at Arms,, and Commandment given
in the Name of the Lord High-Steward of England to
keep filence, the Commiilion is [read 5 then the Uiher
delivers to the Steward a white Rod, who re-delivers
the fame, which he holds before the Lord High-Steward.
It was delivered, upon the like occafion, to the Earl of
Shrewsbury^ by Garter King at Arms.
O Yes being again made, Commandment is given in
the Name of the H. Steward to all Juftices and Com',
miffioners, to certifie all Indidlments and Records -
which being deliver'd into Court , the Clerk of the
Crown reads the Return, and the Serjeant at Arms is
commanded to return his Precept, with the names of
the E. and Barons by him fummoned, and the Return of
that is alfo read •, then are the Peers fummoned to an-
fwer to their Names, which are recorded.
When they have taken their places, and the Prifoner
fet to the Bar, then the Lord High-Steward declares un-
to them the caufe of their Alfembly, and perfwades the
Prifoner to An fwer without fear, alfuring him, that he
ftull be heard with patience, and that Juftice Ihall be
done to him.
B 2 After
( 12')
After this, the Clerk of the Crown reads the Indift-
ment, and proceeds to the Arraignment of the Prifoner ;
and if he plead Not Guilty , the Entry is, Et de hoc de bo-
no & malo ponit je fuper Pares fnos, &c. After which .
the Lord High-Steward gives a Charge to the Peers, ex-
horting them to try the Prifoner indifferently, according
to their Evidence, which is opened by the King's
Learned Counfel, who produce their Proofs for the
King againft the Prifoner. Some, or all of the Judges,
are ever attendant upon the Lord High-Steward, and
take their places at the feet of the Peers.
After the Evidence is given for the King, and the
Prifoners Defence made, he is withdrawn from the
Bar, under the cuftody of the Lieutenant, whilft the
Tryers go to fome place to confider of their Evidence ;
upon debate of which, if they doubt of any matter,
they cannot fend to the High-Steward to ask the Judges
any Queftions of Law, but in the hearing of the Pri-
foner, that he may know whether the cafe be rightly
put, for de facto jus Oritur • neither can they fend for
the Judges to know their Opinion, but the H. Steward
ought to demand it in Court, in the prefence of the
Prifoner.
When the Lords are agreed, they return into Court,
and the Lord H. S. publickly in open Court, beginning
with the Puifny Lord, fays unto him, My Lord A. is
W. V. S. guilty of the Treafons whereof he hath been
Indibted and Arraigned, or any of theml And the Lord
(landing up fays, Guilty , or Not Guilty ; and fo upward
of the reft ferialim.
The Peers having given their Verdi<ft in the abfence
of the Prifoner,the Prifoner is brought to the Bar, whom
the Lord High-Steward acquaints with the Verdift of
his Peers, and gives Judgment accordingly, either of
.Condemnation, or Acquittal. After
C *3 )
After the Service is performed, and O Yes made for
diffolving the Commiflion, the white Rod is taken by
the Lord High-Steward in both his hands., and broken
in pieces.
Thus have I prefented to your Lordfhips a Scheme of
that folemn order and manner, how a Peer of the Realm
is Arraigned before the Lord High-Steward of England,
Imightamafs leveral Prefidents of like nature, wherein
the Axe of Death is born before the Prifoner, with the
Edge from him • and after being found Guilty, with the
Edge to him. I wi(h your Lordfliips may never know
more of this Point by a fatal experience.
Now it j mains that I give Solutions to tho fe Queries
your Lnrdfhips were pleas'd to put concerning Tryals,
Treafons, &c. by which I wifli you may arrive at fome
reafonable fatisfadion.
QUERY I.
Hove Antient this Tryal by Peers may be ?
S O L.
Without doubt 'tis Coetaneous with the Office of
the Lord High-Steward, and how old that is, hath been
already fhewn : However, I fhall prefent one Authori-
ty, which proves, that Tryal by the Peerage was in ufe
in the Reign of William the Conqtierour , who in the be-
ginning of his Reign created William Fitz, Osborne (Earl
of Betrevil in Normandy } Earl of Hereford. His Son
Roger fucceeded him, and was E, of Hereford , who un-
der colour of his Sifters Marriage, near Neve-Market in
Camb . Shire, where many of the Nobility were aftem-
bled, confpir'd with them to receive the Danes into
England, and depofe William the Conquerour (who was
then in Normandy) from his Kingdom of England; to
effe<5fc which, he with others rofe. This Trealon was re-
veal'd by waiter, E. of Huntingdon , who was one of
the
■II I
|rb'
ill;
II
Blr ¥■
ft :
Mi
1
I
if? *
1
I If
I
J.S.W. i.
26 H.s.
( »4)
the Coflfpirators^ and Son to the Great Syward, Earl of
Northumberland ; for which Treafon, Roger E. of Mere-
ford was apprehended by Urfe Tiptof then Sheriff of
mrceflerjhire , and after tryed by his Peers, and found
guilty of the Treafon, per Judicium Pariumjuorum. But
he ended his days in Prifon.
QUERY II.
whether a Peer can wave his Tryal by Peers ?
SOL.
He cannot wave his Peers, and put himfelf upon the
Tryal of Twelve Free-holders 5 for the Stat, of Mao.
Shart. is, that he muft be tryed by his Peers 5 and Co it
was refolved in the Lord Dacre's Cafe.
QUERY III.
what Lords jhall be tryed by Peers, in cafes of Trea-
fon, &c ? SOL.
Every Lord of Parliament that hath Voice therein,'
and called thereto by the King's Writ, fhall not be tryed
by Peers, but only fuch as fit Patrone Nobilitatis ; as
Dukes, Marqueffes, Earls, Vifcounts, and Barons, and
not fuch as are Lords of Parliament, by reafon of their
Baronies which they hold in right of the Church, as
Arch-Bifhops, and Bifhops of this Realm; for though
they be Lords of Parliament, yet upon an Impeach-
ment either of Treafon or Felony, they fhall not be try-
edby the Peers of the Realm, but by a Jury of Knights,
and other fubftantial perfons upon their Oaths ; and
one realon alledged by fome (how truly let others judge)
is, forafmuch as Archbi.hops and Bifhops cannot pafs in
like cafes upon the tryal of any other of the Peers, their
Lordfhips being prohibited by the Common and Ecclefi-
aftical Laws to be Judges of Life and Death; and this
Tryal ought-to be Mutual, fince the performance of it is
upon their Honours, without any Oath taken.
And
( r 5)
And here, by the way, your Lordihips may take no-
tice, how great regard the Law hath to the word of a
Peer, when fpoken upon his Honour. I need fay no
more upon this Topick , fince your Lordihips in that Ex-
cellent Poem, A PARADOX againjl Liberty, have
expreffc your thoughts fo extremely well.
No Temporal Lord, but only Lords of Parliament,
(hall have this kind of Tryal; and therefore the Eldeft
Son, and Heir Apparent of a Duke, in the life of his
Father, though he be called an Earl, is excluded ; And
this was the Cafe of Henry Howard, Earl of Surrey , Son
and Heir Apparent of Thomas Duke of Suffolk, in the
38. of H. 8. Likewife the Son and Heir Apparent of an
Earl, though he be called Lord, or Baron j and all the
younger Sons of Kings are Earls by Birth, though they
have no other Creation, yet (hall they not be partakers
of this, or other Priviledges, incident to the Lords of
Parliament.
Thofe that are Barons of Ireland , or Scotland , com- Cok. Litt.
mittingTreafon, &c. in England, (hall not have their 16. b.
Tryal by Peers, though they were born in England , for 3 dnfi. f. 30.
they receive their Dignity from a King of their Na- a/»/./. 48.
tions.
If a Duke, or other Noble-man of France, Spain, &c. £ 0t jr. 7>
comes into England by the King's fafe Conduft, in CalvinV
which the King ftiles him Duke, according to his Crea- C*fe %
tion, neverthelefs in all proceedings in the King's
Courts he (hall not be ftiled by his Name of Dignity,
much lefs a partaker of the Priviledgeof this Tryal by
Peers.
But if the King of England at this day create one of
his Subje&s of Scotland to be Vifcount within Eng-
land , or by ordinary Summons under his Great Seal call
him to the Upper Houfe of Parliament, and aflign him
-
Aftrr • cap. 3
Ordin. de
Attaint.
Brad. L.
/• ?5+-
48 £W. 3. jo,
3 5 //.6. 46,
Fortefcue
c. 32.
a Place, and to Vote there in his Great Council, he/hall
be thereby a Peer of this Realm, and enjoy all their Pri-
viiedges.
QUERY IV.
what witne{Jes are required in Indiclments ana Trqals
of Treafon, or miftrifion of Treafon ?
SOL.
By the Ancient Common Law, one Witnefs or Ac-
cufer was not fufficient to Convid any perfon of High-
Treafon, for, in that cafe, it was to be tryed before the
Conftable and Marihal by Combat •, but they have no
Jurifdidion to hold Plea of any thing which may be de-
termined by Common Law : And that two Witne/Tes
are requifite, appears by the Books of Law 3 and the
Common Law herein is grounded upon the Law of
God, exprelfed both in the Old and New Teftament,
Deut. 17. V. 6. Numb. 35. V. 30. Deut. 19. V. 15. Matth.
18. v. 1 6. 2 Cor. 13. v. 1. and this feemeth more clear
in the Tryal by Peers, becaufe they come not de aliquo
Vicineto, whereby they may take notice of the Fad, in
refped of Vicinity, as other Jurors may do. By the
Stat, of 1 E. 6.c. 12. none Hull be Indided, Arraigned,
Condemned, or Convided for any Treafon, &c. for
which the Offender /hall fuffer pains of Death, Impri-
fonment, lofs or forfeiture of his Goods, Chattels, Lands
or Tenements, unlefs he be accufed by two fufficient
and lawful WitnefTes, or /hall willingly without vio-
lence confefs the Fad. The fame provifion is made by
5 E. 6. wherein I muft obferve to your Lord/hips, that
two lawful Accufers, in this Ad, are taken for two law-
ful Witne/Tes• for by two lawful Accufers, and accufed
by two lawful Witne/Tes ( as 'tis in 1 E. 6 .) are Identi-
cal; which word (Accufers) was ufed, becaufe two Wit-
ne/Tes ought diredly to accufe, that is, charge the Pri-
foner,
(*7 )
foner, for the Common Law refpeds none elfcj and
therefore lawful Accufers muft be fuch as are allowed
by Laws. ...
And thus 'twas refolved by the Juftices in the Cafe ! 4
of the Lord Lumley . for if they Ihould not be taken ac-
cording to the meaning aforefaid, then there muft be
two Accufers, by 5 E. 6. and two Witneffes, by 1 E.6. Dyer /99,
and the ftrange conceipt in 2 Mar . that one may be an w - ^ho-
Accufer by Hear-fay, was utterly denied in the Lord
Lumlef s Cafe. ^
And here, fince your Lordfhips did not make it a
Query , I fhall not fo ftridly confider it, whether the Te-
ftimony of a Forreigner may be admitted, in cafe of
Treafon. The Duke of Norfolk at his Arraignment
faidj that nothing which was yet produced was of any
moment againft him, fave only the Bilhop of Rofs his
Teftimony 5 and that (by Opinion of Brcttori) was not
to be admitted, becaufe he was a Forreigner; to which
Calling Lord Chief Juftice anfwer'd, that in fuchCau-
fes as this, the Teftimony of Forreigners is of force, and
it lies in the Peers to attribute to, ©r derogate from fuch Camb. El.
Teftimony as they fhall think fit. ^ 1 S7*-
Where Bratt. faith, that an Alien born cannot be a
Witnefs, it is to be underftood of an Alien Infidel; for
the Bifhop of Rofs being a scot born, was admitted to be
a Witnefs, and fworn 14 El. by Opinion of all the Ju-
ftices Afliftants.
If a perfon be accufed by one Witnefs touching one
fad, and by another concerning another fad, the one
committed in Middlefex , the other in Surrey , he that
fwears the fad done in London, joyned to the other Wit-
nefs that fwears to the fad done in surrey, fhall be e-
fteemedtwo fufficient Witneffes, in cafe of Treafon.
and fo was it ruled by the Judges at the Old-Bally, up-
C on
(1 8 )
on the Tryalof the Five JefuitSj (whttebread, Mar courts
Turner, Fenrvick , and Gaven) according to the Refolu-
tion in Sir H. Vane's Cafe, at the King's-B.Bar, where
one Witnefs prov'd the levying War in one County,
and the other prov'd the levyingWar in another County?
and fo though they were but fingle WitneRes of fingle
faiffcs, yet both coming up to the fndi<^rngnt^ they were
"adjudged two fuffident Witneffes to maiota«a! it.
QUERY V. ;
whether a Noble-man being Arraigned, can challenge
his Peers ?
SOL. g
If the party arraigned (fays of*);be a Lord of Parlk-
meat, and a Peer of the Realm, and is, to be tryed by his
Peers, he ihalinot challenge any of them,, for they are
not fworn as other Jurors be, but find the party guilty,
or not guilty , upon their Faith or Allegiance to the
i<6 b King? and they are Judges of the fad, and every of
them doth feparately give his judgment, beginning at
the loweft.
Cok\ Lite. Again, he tells us, that the four Knights., Elqdors of
394- a. the Grand Aifize, are not. to be challenged-, for- that in
Law they be Judges to that purrpole, and Judges can-
not be challenged ?. and; that's the reafon why ^ Noble-
men cannot be challenged, for Mag, chart a faith, Per
c Judicium Pariumjmrum, and not Ferediolttm.
When the Peers (that were to be Tr.yersat tRe Ar-
raignspent.of the-E-itf/ of Efjex znASmhampton-) were
Camb-Eliz, called by name,' the Earl of Ejjex demanded whether it
A. 1601. we re not lawful.for them (as the ufeis to private men)
to except againft fome of their Peers ? The Judges an-
fwer'd,that fuch was the Credit and Eftimation of the
Peers of EngJa&d^thit they are neither compelled to an
Oath in Arrii'gmBiaaQ3:,rm fijlgeked to Exceptions.
1 t~* r\
OUF.RY
QUERY IV.
whahey the Lord High-Steward can cohltthe Mvi-
deuce again f the Prifoncr^ or confer with the Lord^touch-
tng the fame, in the Trifoncrs abfepce ?
SOL,
To this I tinfwer negatively, for after the King's
Learned Counfel have produc'd all their Evidence, the
Prifoner ought to be prefent at all Conferences touching
the fame ; and therefore it ihall be neceffary for all Pri-
foners, after Evidence given againft them, before depar-
ture from the Bar, to require Juftice of the Lord High-
Steward, and of the other Lords $ and that no Quefti-
on be demanded, or conference had by any with the
Lords, but in open Court in their own hearing, other-
wife fuch Pri foners fhall take no advantage thereof after
Verdid and Judgment given.
QUERY VII.
jf the Lords he equally divided, between guilty and not
guilty, whether the party tryed jhad be acquitted or con-
demned ?
SOL.
In an Information in the Court of Star-chamber , by
the Attorney againft Sir Stephen Proctor , and others, for
confpiracy agairift, and fcandal of the Hatl of kpr- COt 4
th&mpton , and Edward Lord Wo : men\ tw6 of his Maje- f, <54
ilies moft Honourable Privy. Council $ at the hearing
of which Caufe there fat eight in Court, whereof four
condemned the Defendants, and the other four (vizi)
the Lord Charicfcljbur, two Bilbops, and the Chancel-
lour of the E^h'eqyer, acquitted them 5 the Qneftion
was, according; as your Lbrdihips have propos'd it,
Whether the Defendants fbould be condemned or not:
And here if was moved by the King's Learned Counfel,
that when the Voices are equal, that in that cafe of
C 2 which
1
11 •
|]
1 '"if
HA
V>d. Grot,
lib. 2- c. 5.
hh. 18. de
Jure Belli,
&c.
Co. 4. Jnft.
/■ 37i38.
C 2°)
which part the Lord Chancellour was, on that fide it
fliould bedetermin'd, without regard either to Plaintiff
or Defendant; And it was refolved, that regularjv and
de communifure^ in refped of the equality of Voices,
that no fentence could be given as it holdeth in the
High Court of Parliament, and all other Courts, accord-
ingto the old rul Paribus fentcntiis Reus abjolvitur:
And fentence was never given againft Sir Stephen Pro-
Ctor^ agreeable to the general rule in other Courts. In
this point the Civil Law concurs with the Common.
Inter Pares Numero Judices ft diff on# fen tent ire profe-
rantur, in liberahbus quidem caujis (Jecundum quod a Di-
zro Pio confitutum eft) pro libertate ft.at ut urn ofbtinet in
aliu autem caufis pro Reo, quod eft in Judicus publicity obti-
nere oportet.
Reus feutentiis paribus abfolvitur, eft femper quicquid
dubium eft h urns nit as milinat in melius.
Alter Judex damn at, alter abfohit, (ft inter difpares
fententias milior viniat.
I fhall here take leave to make a little digrelfion from
the Query, and confider if a perfon that is forth-coming,
can by Parliament be attainted of High-Tre?.fun,and ne-
vercall'dtoanfwer? This feems as much worth the in-
quiry, as other your Lordlhips Queries $ and though o-
mit-ted by you, I fhallnot letit.pafs without forne no-
tice.
By the 2. of H.6. we find a great Peer condemned
without Arraignment or Anfwer j the like in 32 H. 8.
one Attainted (though living and forth-coming) pf
High-Treafon, without ever being called to Judgment:
The legality whereof was fcrupled, and demanded of
the Judges whether the Ad were void or not : with
fome paufe, they adjudged it perillous,and of bad exam-
pie to the Iuferiour Courts ; but 'twas agreed, if con-
demned
S
( 21 )
demaed by Parliament, to be indifputable, though Cap.
29. 5 E. $.c. 9. 28 £.3. r.j.of Mag. char, affirms, that
no man ought to be condemned without Anfwer, with-
out a Quid fecial ? and all due proceedings at Law. Qui
ffatuit aliquid parte in audit a alter a, licet aquum gainer it $ enec - l "
baud aquas fuerit. Loco.
With the Municipal Laws agree thofe of the Ro~
mans.
Divi Severi & Antonini Magni rejcriptum eft, ne quis D. 43. 17.
ah fens primal ur^ & hoc jure utimur, ne Abfentes damnen-
tur } neque enipi in audit a caufa quemquam damnari asqui- ^1. 2 _
tatis ratio patitur. It is not the manner of the Romans x 6.
to deliver any man to death, before the acculed have
his acculers face to face, andlicenfeto anfwer for him-
ielf.
QUERY VIII.
whether the King , and one of the Houses alone, or both
without the King, can declare a Treajon within the Stat,
•of 25 E. 3. cap.2 ?
SOL.
John Duke of Groyen and Lancafter, Steward of Eng-
land , and Thomas Duke of Glocejfer , Conftable of Eng
land , ;he King's Uncles, complained to the King, that
Thomas Talbot Knighc, with others his Adherents, con-
fpired the death of the laid Dukes, as the fame was con-
felled, and well known, and prayed that the Parliament
might judge of the fault, (which Petition was juft, and
according to the Branch of the Stat, of 25 E. 3.) but
the Record faith further, that the King and Lords in
Parliament adjudged the fame fadf to be High-Treafon,
which Judgment wanting the alfent of the Commons,
was no Declaration within the Laid Stat, which is attend-
ed with this reftri&ion.
That if any other cafe } Juppofed to be Treajon, fhould
happen
(22)
happen before any JuJlices, the Juices fhouid tarry with-
out going to judment of the Treufon, till the Cafe he {hewed
before the King, and his Parliament {confining of Lords
Spiritual and Temporal, and the Commons) whether it
ought to be adjudged Treafon or Felony.
QUERY IX.
whether the Subjects of another Prince, Confederate
with the King of England, can be held for the King's E-
nernies ?
SOL.
It was objected againft the Duke of Norfolk , eon-
eerning his relieving of the scots, the Queens Ene-
mies, which was proved by Letters, and Banifter' s con-
feffion, drc. whereupon the Duke asked the Judges,
Cdmb. Eliz.. whether the subjeffis of another Prince, Confederate with
A. 1 572. the Queen of England, were to be holden for the Queens
Enemies 1 Calelin Chief Juftice anfwer'd, that they
were ? and that the Queen ot* England might make
War with any Duke of France , and yet in the interim
keep peace with the French King. And here 'tis to be
noted, that the Judges ought net to deliver their Opi-
nions before-hand, in any criminal cafe that may come
before them judicially. In the Cale of Humphrey Staf-
ford, that Arch-Traytor Hujjey, Chief Juftice, befought
King H. 7. that he would not defire to know their Opi-
nions before-hand for him, for they thought it ftiould
come before them in the King's.Bench judicially, and
then they would do that which of right they ought,
which the King approv'd of. Befides the nature of their
Oath requires it, who are lworn that they fhall well
and lawfully ferve our Soveraign Lord the King, and
his People, in theOffice of a Jujtice^ ; and that they fhal?
do equal Law and execution of Right to all his Sub-
jedts.
QUERY
ha
mtm
( 2 3 )
QUERY X.
whether an Attainder* of Treafon way be faffed by the
pie a of the Party*
... i .'-.1 .iv nab! A ■]&&•&: ij] s. k bavi< ht , : rv'
A. i.Mar* A CommiHion of Oyer and Terminer in
Londm wasdiridte^l to Sic Tho % white, Lord May<?fj and
to divers others, recking, that where Sir Robert Dudley
Knight, 9 Jan. r. Mar. was Indi&ed of High-Trealbn
before Thomas Duke of Norfolk , and fourteen other
Commiilioners in the County of Norfolk , (where in
truth theCommiifion was dire&ed to fo many, but the
IndiUment was taken before Eight of them only,) grant*
ing to them, or.any four of them,. Authority to receive
the IndiUment taken before fifteen Commj/fioners, and
to proceed thereupon as Special Juftices of Oyer and
Terminer. . by pretext whereof they proceeded, and up-
on confeilion of the faid Sir Rob. Dudley^ gave Judgment
sgainft him.
In this Cafe it was adjudged, that Sir R«b. Dudley,
then Earl of Leiceficr , might falfifie the faid Attainder
by Plea, beeiufie it was void, and coram non Judice ; for
that the latter Commiffioners had not power to proceed
upon an. IndiUment taken before Eight, but before Fif-
teen, and fo void. The Party is ; not driven to his Writ
of Errour, but may falfifie the Attainder by Plea, ihew-
ing the fpecial matter, which proveth it void ut fupra.
In which cafe the party forfeiteth neither Lands nor
Goods.
'Tisholden by fome, that if a perfon be attainted of
High-Treafon by the Common Law, that no Writ of
Errour Ihould be brought for the reverfal of that Attain-
der, by reifonof thefe words in the Stat. 33 H. 8. cap.
20. And if any perfon or perfons {hall be attainted of
High-Treafon by the cou-rfe of the Common Law, &c.
fill
m
HNi
1 " i
m
*♦ •.
t§ f
- i •%
is. i
Cap. 22.
Cap. 2$
Co. 3- Inf.
f 35-
(24)
that every fuch Attainder by the Common Law^ [hall be of
as good Jlrength, value, force and effecl, as if it had leen
done by Authority of parliament. But the contrary here-
of was refolved at a Parliament holden A. 25. Eliz.
that a Writ of Errour fhould be maintained for the re-
verfalof Erroneous Attainders of High-Treafon by the
Common Law ; for that former Stat, is to be intended
of lawful Attainders, and not where there is any Er-
rour in the fame: for by that of the Queen 'tis provi-
ded, That no Record of Attainder of any per [on or perfons,
of or for any High-Treajon, where the party fo Attainted
is or hath been executed for the [ame, jhall be } &C. in any
wife hereafter reverfed^ undone, avoided, or Impeached by
any Plea, or for any Err our what foevtr.
QUERY XI.
whether torture , in cafe of Treajon or Felony, may be u-
fed by our Law I
SOL.
John Fortefcue , Chief Juftice of England , who
wrote in commendation of our Common Laws, prefer-
reth the fame for Government before .the Civil Law ;
and particularly, that all tortures were againft the Com-
mon Law exprefly * and he proceeds to fhew the incon-
veniencies and mifchiefs thereof, by fearful examples 5 to
which Learned Author I refer your Lordihips.
It is againft Mag, charta , which lays, Nullus liber ho-
mo capiat ur^ vel Imprifonetur, &c. aut ah quo modo de-
fruatur, nec fuper eum i'oimns nec fuper eum mitt emus niji
per legale Judicium Parium fuoram vel per Legem Terrct.
And accordingly all the Ancient Authors are againft the
infli&ing pains and tortures upon Prifoners, before or af-
ter Attainder, but fuch as anfwer the Judgment.
John Holland , Earl of Huntingdon , was by King H.
6, created Duke of Exeter , and A. 26. H.6. the King
granted
1
k
( * 5 );
granted'ttrfyiin ihs Office of the.Conftablefhip of .the
Tower of London. He and Wikiam de U Poole, Duke of
,Suffolk , withfome others, intended to have brought in
•the Civil Laws 5 and for a beginning of the fame, the
Duke of Exeter firft brought into the Tower the Rack,
or Brake, allowed in many cafes by the Civil Law;
and for that reafon it was called the Duke of Exeter's
Daughter. ' ; ■ v - •
' V 'f u % V\ r- v* v\ V\ <*«»vtt\st. r \taf SA%ft V- if*
w\r>. (.;* .* MWJ r\ 5 4a* .© *«* » »J n * • - y, .. • ' j
QJiERY XII.
whether the King, under the Great Seal, may command
all Procefs in Criminal Caujes to ceafe?
■ We find (fays Coke) a Di (charge of further proceed-
ing, dire&ed to the fudges of the Court, &c. (not by
way of pardoning the offence) but by the King's ae-
knowiedgment, under the Great Seal, of the Parties
Innocence, with Commandment to the Judges^ that in
the former proceedings they fhall altogether fureeafe 5
whereupon the Court will award, that the Party fiiall
go fine Vie, and that there fhall be no further proceed-
ings againft him. William de Melton , Archbifliop of
York, was accufed in the Kings-Bench, coram Rege &
Concilio fuo in Anno 3. Ed. 3. for adherency to Edmond
Earl of Kent in his Treafons ; whereunto the Arch-Bi-
jfhop pleaded Not Guilty; and after two Writs of Ve-
nire Facias awarded, the King dire&ed his Writ under
the Great Seal to the Judges of the King's-Bench , to
this effedl.
Licet Venerabilis Pater Willielmus Archiepifcopus E-
D bor.
II 3
Kllil«it
IH
*
m. 1
- ■- .
I
III!
j. fl
MM" ? i
*^pii
m
m t I
fits
Pafch.A.'E.3
Bol. §. 3-
(26)
bor. Stephanus London Epifcopus per Diver fa BrevU No-
ftra coram Nobis ad feclam Noftram Implacitentur de ee,
quod ipfi Hdmundo Gomtti Cantt# adhafiffe debuerant,
quia tamen pradicl. Archiepifcopus ef> Epifcopiis de adha-
ftone pr&diffa omnino Immunes reputxmus, Vobis Man da-
mus quod Placitis pradicHs coram Nobis ulterins tenend.
omnino ftiperfedeatis Tefte meipfo, &c. The Award of
theCourt hereupon is very obfervable: Viz. Cujus Bre-
vis pretext 11, confideratum eft, quod predict us Archiep if.
coptos eat inde fine die, &c, <jr u Iter ins non procedatur
verftis eum.
Stephen Gravefend, Billiop of London , was charged
with the fame offence in Parliament, A. 3. E. 3. whence,
by Order of Parliament, he was referred to the King s-
Bench tobetryed, where he pleaded Not Guilty and af-
ter was difcharg'd, as the Arch-Bilhop. It may be
thought, that accepting the Pardon, might be an impli-
cation of their fault, and therefore it run in a new ftrain ;
but no man that is well advis'd, fays the great Oracle
of the Law, will refufe God's or the King's Pardon 5
for in the King's difpleafure there is death, fays the
Holy Writ; and who knows how often he offends, and
confequently (lands in need of it. But how far this
Branch of tire Prerogative may be extended, and what
qualifications it may admit, belongs not to a private
man to determine.
\<\ t ■ .. .< • • - I,
QU E R Y XIIIP *m bttolqqotft
whether a Per [on can be Attainted of Hipji-Tre afon
Lq general words ?
S QU
( 27 )
SOL.
Whereby due courfe of Law a man cannot be At-
tainted of High-Treafon, unlels the Law fore-judge the
offence fuch, he ought not to be Attainted by general
words, by Authority of Parliament, (as fometime hath
been ufed) but the Treafon ought to be fpecially ex-
preffed, feeing that the Court of Parliament is the
Higheft and moft Honourable Court of Juftice, and
ought to give Example to the Inferiour, M&gis £ a ;emglis
quam graceftis ducimur.
? ' %X „ „ - '' * •, Krir Li Zf ' * f - -
QUERY XIV.
whether a Subject of one Kingdom guilty of Treajon,
ffying into another Kingdom, ought to be remitted to his
own Soveraign ?
It .ntriXjnioi iuobsll,edtn3tanitnaDanal
SOL.
It is holden, and fo it hath been refolved, that divi-
ded Kingdoms, under feveral Kings in League one with
another, are San&uaries for Servants or Subjects flying
for fafety ; and upon demand, are not by the Laws and
Liberties of Kingdoms to be delivered : And this Opi-
nion feems grounded upon the Law in Deut. c. 23. f.iy.
Thou jhalt not deliver unto his Mafier the Servant which
is efcaped from his Majler unto thee. ;
When the Lord Paget and Arundel came into France Camb. EL
Sir Edward Stafford , Queen Eliz. Ambafladour there, di- 1584.
ligently obferved them, yet could by no means difcover
D 2 what
|CS8)
what they attempted 5 he defir'd neverthelefs of the
French King, that they, with < ^i«rgan, and other Engli(h y
who were pra&ifing againft.their Prince and Country,
might he removed out of irate fc To which, he recei-
ved this anfwer, That if th'ej attempted -ah) thing in
Harice, the King Would fti&ijh threw according to Law,
That' all Kingdoms wire free for Fugitives; and that it
wits the greai cencirftimHl 'of Ki'hfes 'td maintain ever)
one the P'riviledges bf his own Kingdom: That Queen E-
liz. hadnoilohg fince received into her Kingdom Moiitgo-
mery, the Prince of Conde, and others of the French Na-
tion 5 and that Sagury , the King' of NaVarr's Emhafa*
dour, was in England at this ver) time, praclifng to move
new troubles againfl-thb Lrench Kihg.
King tf.,8. in the 28th year of his Reign, being in
League with the French King, and in Enmity with the
Pope,who was in League likewife with France , and had
fent Cardinal Poole EmbalTadour to the French King, of
whom K. H. 8. demandedthe faid Cardinal, being his
Subjeft, and Attainted of Treafon s and to that end cau-
fed A Tre&tife 'to be ! publillit, that it ought to be done
fu'r'e Gehtitim, fed noh prTvaluit.
■^ntvrt logjncviec 101 gymutoufic ais .ion
Ferdinando , King of Spain, upon requefl: made by
H. 7. to have Edmond de la Poole , Earl of Suffolk , At-
tainted of High-Treafoh by Parliament, A.19. H. 7. at
hrft intending to obferve the Priviledge and Liberty of
Kings, in protecting fuch as came to him for fuccOur
... , prpty^ioji, delivered him not v yet imthe end, up-
on the earned: requeft of the King, and his promiie not
to put him to death, he caufed the laid Earl to be de-
Uyeredup'to tlieKp^ who Kept him in Prifoh, ahd
conftru-
(*9)
coflftTufrtghisprGmife to be butperfbnal, coriMpanded
his Son Henry after his death to execute him ; which
hecaufed to be doneirt the fifth year of his Reign.
I fliall add one more Example of a Remiflion out pf Treat, de
Zouch. Cum quidam Styrvard'us Scttn#, qui *Manam Judicio in-
Stotorum Reginam vine no toiler e conntm eft, • in 'AngUat er Gentes,
deprehenderetur^ Ed. Sektus Rex AngUa etm in manus
Regis GattU tradidit, ut debits fupplich Remitter etur,
quod Non-null/s difpUcuit^ quid etfi ratio fuadeat, ut qui in
Patrix deiiquit^ in Pktria Pnniatur, aliter tatnen de con-
fueMdintj quod RemiJJtonem nfurfatum eft.
.-J, If) id 3.-1 01 ! i'.:. I: .. i ' i- -•» •
Having now run thorough the feveral Qucry%
which your Lerdfhips have thought fit to propofe ;
I Shall venture to fet one ftep further, and ftart A-
not her of my Oven 5 with fome Offers toward the
Solution of which, I will make an end, Viz.
QUERY XV.
whether in any Cafe it be Lawful for Subjects to
Oppefe their Prince ?
SOL.
j*q 03 ion // ci rj
It, muft be refolv'd in the Negative: And that in
any. Cafe, or upon any Pretence whatfoever, it is ut-
terfy unlawful for Subjeffs, joyntly or fittglyc6'.-
le&ively, oir reprefentatively, to make any violent Op-
pofition againfi: their Soueraign • or to Reffl him ei«'
ther in an Offenfive or a defenfive way.. This .Af
fertion you will find to be a Trutf that is C'ort'fonant
to Holy writj Reverend Antiquity, Sound Reafin, and
to
( 3° )
to the Municipal Laws of the Land^ all the Sophiflries
and Argumentations, that Seditious and corrupted
men are able to produce to the contrary notwith-
(landing.
I. To begin with Holy Scripture. It is clear from
Vent. c. 17. v. 12. which commands the Israelites
to put away evil from amongfl them, by bringing to
Publique Juftice all fuch Mutinous and Prelumpti-
ous perlons, as refus'd to Obey the High priejl and
the Judge 5 that God impofed an Obligation, even
upon his own People , not to Refift the Supreme Ma-
giftrate. And v. 13. makes the Reafon of this Se-
verity to be, to preferve the People from being Poy-
fon'd in their Allegiance by the Malignity of fuch
Examples: That all the People (under what Notion
or Qualification foever), may hear and fear, and do
no more prejumptuoufly. The fame exprefs Warrant of
the word, (and to the felf-fame purpole) there is in
Jojhua , C. 1. V. 18. n ho fever he he (fays the Al-
mighty fpeaking to him) that doth rebel againfl thy
Commandment, and will not barken to thy words, m
all that thou commandefi him, he fhall he put to death.
Saul is generally condemned for perfecuting David,
and attempting upon his Life: And yet though Da-
vid had him twice at his mercy, he was not to b&
1 Same. 2 4. prevail'd upon to do him any Harm: For who (fays
" nd C " he) can lay his hand upon (who can touch, who can
2 ' v ' ,x * flretch .forth his hand againll) the Lords Anointed,
and be Guiltlefs 1 Now the Signification of the Scrip-
ture-phrafe ['Touch , or firetcb forth the hand againll
the Lords Anointed"] is of a Large Extent: And the
Guilt of this Horrid Crime may be incurr'd either by
Pfal. 4' ev 9« lifting up our heels in Jcorn againll our King 5 By ta-
king
( 3' )
king up Arms in our own defence, for whofoever Re-
fifieth the Power, Reffleth the Ordinance of God - Rom. 13.
By not bringing to light fuch Traiterous Confpira- Lev
cies as we know to be forming again!!: him-, By not ^
endeavouring to defend him, when we fee him in
danger, for Qui non vet at peccare, cum potfit, fubet ;
By ftriking at his Crown, ufurping upon his Prero-
gative, or depriving him of his Revenue $ By speak- ,3^ jg
ing or even Thinking evil of him $ for as the Tongue
can ftrike without a Hand, fo the Heart can curfe
with >ut a Tongue : Or (in a Word) by any fort
of indignity or out-rage offer'd ei:her to his Autho-
rity , or Perjon. But to proceed.
Doth not Saint Paul enjoyn that every Soul be Sub-
feci to the Higher Powers • for there is no Power but
of God; and they that Refifl [hall receive to them-
[elves Damnation ? Nay > and doth not Saint Peter alio
inculcate a Patient Toleration of injuries, and recom- j
mend unto our imitation the Example of our BlefFed I$)
Saviour, who when he was reviled, reviled not again, 2Z .
when he [offered he threaten d not • but referr'd the
Vengeance to him that judgeth Righteoufly; If ever man
had juft Caufe to Refill, then had he ; yet would
he not do it, but check'd Saint peters forwardnefs
that way w ith a, whofo taketh up the Sword, [hall Mat. 26. v*
periff by the Sword. We find in the Creed that Pon- S 2 *
tius p'ilate is Recorded by the Holy Ghoff (which in-
fluenced the Church in the compofing of it) this" now
was certainly done for, our Edification, and to infinu-
ate, that as we tender our SaLvation by our Faith
in Chrifi , we muft be careful of paying a. Chearful
Obedience to the Lawful Commands of the Ma-
gift rate , and to fubmit humbly, and Sufferings to
mole
(?z)
thofe that are otherwife. And this Obligation con-
f'inues, even though the Prince ihould be a Heathen^
and the Caufe we fmart for, Chrifl and his Church.
II. As to Reverend Antiquity Saint Ambrose upon the
Point of N on-Refinance , dilcourles to this effetf: 5 I
have not fo learned chrifl, (fays he) as to feek by force
to oppofe Authority 5 I can mourn and Lament ; but
for Other Refinance I neither will nor ought to make
any. Saint Cyprian fpeaks to the fame purpofe • It
is 'out of a principle of Confcience (fays he) that none
of us make any Oppoftion, when we are unjufly Seized
upon, or fiudy a Revenge upon our Tormentors ; for the
Nurneroufnefs of our Party were otherwife fufficient to
bear us out in fitch a Defgn. And fo does Tertul-
Han. "We are not.(fays he) defpoyl'd of our Goods,
" they are only Sequejtred for our benefit, arid en-
Cf trufted in fafe hands ; God keeps theni for our
"ufe, and will return them with ample Encreafe.
<c If you abftairi from Fightings he will Efpoufe your
" Quarrel; and queftion not but your Enemies will
" have the worft on't, for your wounds will Save
"you, arid if you fall Martyrs you will rife Saints.
"What cannot our fufferings bring about? They
" make even God himfelf our Debtor ; he Owes us
" Heaven for our felves, and he owes Hell-iot our
" Enemies: But yet we breath our Souls in prayer that
" he may be entreated not to pay This,
What Example now can there be more Glorious or
more Inftrutfive, then that of the Theban Legion,
recorded in Ecclcfufical Story ? The Emperour Maxi-
minian commanding his Army to offer Sacrifice to
Fa/fe Godsj this Band (confiding Of about 7000 men)
remov'd
(33).
remov'd their Quarters, to the end that they might
avoid giving offence 5 but yet he preffes them to
bear a part in this Diabolical fervice, and upon their
humble refufal puts them forthwith to a Decima-
tion , which they chearftilly fubmit unto, praying fur
their Murtherers : The Tyrant would not yet be fo-
tisfied, but renewM his Commands to thellemainder
of them 5 and finding them ftill to continue Refolute
rather to die than to.difobey God, he butchef'd them
all, without the leaft Refiffance on their part. This
was truly to-Confefs him that was led as a Iheep to
the Slaughter 1 Nay fo very Fruitful are the Antient
Fathers in Infances of this quality, that it would be
but Superfluous to recount any more of them; the Ge-
neral Pra&ice of the Primitive Chriflians being fo e-
vident in this point, that the greatefl: Sticklers for
that fin of witchcraft, Rebellion , have not the Con-
fidence to deny it.
III. That a Liberty to Refifl thofe in whom the
Lavo has plac'd the power of the sword is Repugnant
to Sound Reafon, I /hall endeavour to make out by
the following Arguments.
i. Such .a 'Licenje to Subjedls againft their Rulers,
is deftruftive of the very Nature of Government , and
o£ Humane Society ; for it diffolves the finews. of the
State^ and fplits it into as many Fadtions as it has
Enemies. And it is impoffible to conceive Two E -
qual Supremacies of Power in the Nation , and yet the
Kingdome to remaine One. For this it is that diftin-
guiihes England^ trance, Spain , and all other Indepen-
dent Kingdomes one frorp another. But then it is
Childifh to Fancy the Policy of any Monarchy (much
E lefs
' (34)
lefs of our own) to be fo grofly defeftive, as to be
the Author of its own ruine, by dividing the stats
Legally againft it felf. So that to take up Arms
without or againft Authority , is down right Rebel-
lion , and the Confequence Murther and Rapine.
2. It is both Reafonable, and neceffary, that all
Governments {hould have a Supereminent, Coercive
Power over Particular Perfons 5 for other wife a City
would immediately be hurry'd into an Anarchy , and
that which ought to be One Entire Body, become
fo many Independnet men.
3. That which to One Private Perfon is due, as a
Man, the fame is alfo due to Another ; and if I may
aflume to my felf a power of judging when to Re-
flft my Prince , every private man may do fo too.
Now what Peace, what Society can there be hop'd
for, where every one is at freedom to difcharge
himfelf from the Obligation of all Humane Laws,
and to oppofe them at pleafure ? Or what Obedience
can confift with fuch Reflftance ? Nor will fuch Li-
bertines know where to {top ; for it is uiual for them
to fall foul upon all fuch as have a deeper fenfe of
Hone fly and Allegiance than themfelves. And what
Law of God or. Man was ever heard of, that ap-*
prov'd of my Murthering, a Loyal man becuafe I my felf
am a Rebel ? Befide that this Lewd Opinion Equally
wounds the very Aflertors of it; for any body may
be allow'd to do That to Them , which they have
done to their Rightful Prince and his Faithful Sub-
jefts,
4. Now Touching the Muncipal Laws of the Land
that
(35)
that this Reftjlance is againft Them , I ihall make it E- Lib. 5. c- 8»-
vident. Br alio n fays, St ah eo (fcil. Rege) Petatur •
cum Breve non Cttrrat contra Ipjum, locus erit fuppli-
cationi, quod fatturn fuum Corrigat <jr Emendat; quod
quidcmf non fecerit, fatis fufficit eiad panam, quod Do-
minum Expeffet Vltorem: Nemo quidem de fatfis [uis
prefumat difputare, Multo fortius contra fattum fuum ve-
nire. If a Subject find himfelf agriev'd by the King, he
is put to hisPetition (becaufe no writ can lie againft him)
for Redrefs 5 which if he will not vouchlafe, it is a
fuflScient Penalty, that he is to exped Punilhment from
the Almighty. No man may prefume to queftion what
He does, much lefs to Oppofe him* Fie to, concurs with
Br act on in this point 5 Vid. Lib. I. C. 17. And Lombard
writes thus. Nemo Dominum (fays he) judicet, veljudi-
cium proferat fuper earn cujus Ligius ft. So like wife
the Statute of, 25. Ed. 3. c. 2. de proditionibus, makes
it Treafon to compafs the Death of the King. And to
what end Ihould t'nefe or any other Provifions againft
Treafon have been eftablilh'd, if Refinance were in Any-
Cafe Lawful ? Or what does the Oath of Allegiance fig-
nify, if the people may take up Arms againft their
Prince at pleafure ? The Form of it runs thus. You (ball
fwear that from this day forward you fall be True and.
Faithful unto cur Soveraign Lord King Charles, and Truth
and Faith fall bear of Life and Member, and Terrene Ho-
nour • and you (hall neither know nor hear of any III or
Dammage intended unto him, that you jhall not defend,
&c. My Lord Coke comments upon it, that the Suljed
and Effect of this Oath is due by the Law of Nature, the
Form and Addition is, ex provifone Hominis. To Con-
elude, the Famous Biihop Merks is Pofitive,That a King
by Lineal fucceffion, being lLawfully invefted, cannot
upon Imputation either of Negligence cr Tyranny be Op-
E 2- pofed •
s
IK
i
n
11
11
t
4i!
EccleJ13 .v.
zS.
.. ( *<\
pefed, or Depofed by, bis ctrn Subjects.
Thus having given your Lordfhips a delcription of
the Lord High-Stewards Office, and the manner how
a Peer is to be Arraigned before him, with fuch Solu-
tions to your feveral Queries, as I have collected out of
the Books of Law and Hiflory, /Ihall conclude all with
this Advertifement;
That the fureft way to elcape both the Guilt and Pu-
nifhment of High-Treafon, is to Fear God, and Honour
the King. TheCounfel given us by the wifeft of Kings
is worthy to be advened to. 'think not evil cf the
King in thy Heart, neither utter J it with thy lips, lejt x
Bird of the Air carry trffe voice, and that which hath wings
discover the matter. Let us deteft the Principles be-
liev'd and pra&is'd by thole Audacious Violators of
Royal Majefty, the Spawn of Loyola , and keep faft to the
Dodtrine of our own Church, which pofitively Aliens,
That the facred Bond of Subjedts, in Obedience to
their Soveraign, is inviolable, and cannot be dilfolved,
either upon the account of fuppofed Crimes in the per-
fon of the Prince, as Tyranny, Infidelity, Herefie, &c.
Or by any Adts of the Bilhops of Rome, as Difpenfa-
tions, Excommunications, &c.
It was once laid in Valongefs Gafs, that he that is
throughly Popifh, may eafily be warpt from his Loy-
alty.
My Lords,
I am,
Your Lordfhips
In all Juf ice,
From my Chamber
in the Temple,
Jan. 17. 1680.
Ed, s.
F isfl s.
CHARACTER
01 His moft Sacred Majefty
Charles the Second?
KING of Great B ritain
France and Ireland 0 defender
of the Faith, &c.
Written byftC h a r l eto n,
Phyfician in Ordinary to His
Maie s tie.
Who moft Religioufty affirms,
Se non diverfas fpes, fed incolumitatem Cafaris fimpticiter
fpeflare.
LONDON',
Printed for Henry Herringman at the Anchor en the lower
walk of the New Exchange, i 6 6 i.
(o
AN
Imperfeft Pourtrait
O F
His Sacred Majesty.
ENECA the Rhetorician reports a
misfortune that befell his dear
Friend 3 Porcius Latro ( whom
nevertheleffe he calls Declama-
tori* Virtutns unicum Exem-
plum )vvhich was, that brought
from the fhady Schools to
Plead in publick, in defence of Rufitcus Porcius , a
near kinfman of His--, He was fo fnrpriled with a fit
of extreme bafhfulneife, that he began with a Sole-
cifm , and fell into confufion. So hard is it for one
A 3 bred
CO
bred up in obicurity, and actuftomed onely to pri-
vate Exercifcsofhis Wit, toconfcrvc the ferenity
of his Underftanding, and faithfulndle of his Me-
mory , when he comes to ftruggle with Arguments
ofpublick ufeand importance. v
This man's Example may be my Excufe , and I
take liberty to lay hold ol his failing then , to exte-
nuate my own failing .now. For, if He, who was fo
great a Mafter in the Art of Speaking well, and of
(o prodigious Abilities both Native and Acquired,
found himfelf at a loffe in the delivery of his Con-
cepnons in a matter common and ordinary : well
may I, a perfon of mean parts, and obfeure con-
verfation, find thelike diforderinmy Faculties, in
my prefent Attempt. Nay, more favour is due to
my Aftonifhment, than was to his. Our occafions,
indeed, are differe nt 5 but the difadvantage is greater
on my fide. His bufineffe at that time, was to vindi-
cate a private man, his Equal: I have propofed to
my felf to adumbrate the Excellencies of a Trince->
one as much Superior to all others in the divine
Endowments of his Mind , as in the Height of his
Condition. His Argument low, and familiar: Mine
filch, that, Divinity it felf onely excepted, nothing
is more noble, nothing more fublime. Philolophers
teach, and Experience confirms, that Obje&s too :
ftrong and excellent hurt and weaken the outward
Senfes: and the fame holds good alfo of the Inter-
nal , the Mind fometimes encountring Obje&s v
whofe exceeding Brightnefle doth fo much the more
dazel
f J)
dazel her Eye of Rcafon, by how much the mo
fhe dares to look upon them. No wonder, therefor
if fo weak an ILiderftanding as mine is, addreffin &
it felf to contemplate the refplendent Glories of a
King ( whom Providence Div ne fecms to have
fent into the World on purpofe to refine the Age
by his Example ) be forced to confefle its dimnefle
and incompetency. The Difficulties 1 meet with, are
many and great. When I confider, How many things
occurr to be fpoken of, and how tew words I ought
to ufe: my trouble is not fo much, what I fhould
■mention as what 1 fhould pretermit ; nor is it eafie
to make a choice, where all parts of my Subject
are equally tranfeendent. Here, CopioufnejT of mat-
tc-r, which in all other occafions is a Help , proves
my Impediment : and I am reduced to this ltreight,
either to be Sacrilegious in omitting Some particu-
lars, or Profane in attempting to defcribe -<*//. Be-
fides, all Language muft tome as far fhort of this
King's Perfections, as they exceed others Imitati-
on : nor is it lefie difficult to advance Words agree-
able to His Merits , than it is tor Envy to Eclipfe
them. This eonfidered, I deny not, but what Se-
nee a laid concerning the Divine Being, Drum colit,
qui not it , he worth ips God belt, who moft con-
templates and admires the fuper-exccllent Proprie-
ties of His Nature; may be true likewife if accom-
modatcd to this Vicegerent of God, His Sac,ed
MAJESTY, and it may be well enough faid , Re-
gem colit, qui novit , that man doth belt celebrate the
King's Goodnels, who by Reverence, Love, and
Obedience, thews himfelf moll fenfible of it. And,
therefore.
f4 ) .
therefore, I accordingly confeffe, that Silence and
Admiration arc the moft proper Exprttfions Subjects
can ufe, to teftifte their Veneration of lo Incompara-
ble a Prince.
- #
But, fince His MAjESTY fo often fpcaks to lis
in Blelfings, it were an Ingratitude unpardonable
in Us, never to an! wcr Him , at lead in cur Acknow-
ledgments . To Good and Pious Kings there" are
owing as well Offerings of affedionate Loyalty , as
T ributes of Duty ; and God hath given them as great
a right to the Homage of the Heart , as to that of the
Knee of every Subjcd. Reflecting upon this , toge-
ther with the infatuation of iome Evill-minded men
( either fo obdurate, as not to feel or fo depraved,
as to contemn the r own great HappindTe in be-
ing under His MAJESTY 's bleffed Government )
who by their impious breath feek at once to ftain
the Honor of the Head , and re-inkindle the coals of
Sedition and Rebellion in the Body of the State : I
hope, I fhall not offend, if I fuffer my f elf to be fo
far tranfported by the devote Refpeds I bear to
His MAjESTY's Fame, and the juftZcal I have
for the Peace and Profpcrity of my Country , as
briefly to acknowledge the admirable Virtues oi the
One , and fo the high Felicity of the Other. I lay, to
Acknowledge ; becaule to Commend , or Afcribe, is
impoffible ; it being the prerogative of His Virtues,
that they are Endowments , not Attributes . I am not
fo ignorant, as not to undcrftand, that among all
Good Men His MAJESTIE's Honor is as
Ct)
highly Sacred , (o imprcgnably Secure , and above
a 11 ncceflity of vindication ; nor fo vain, as to expert
ought I can fay fhouid be of fuch force, as to
convert thofe unhappy Wretches, upon whom the
more powerful influence of His Mercy and Goodnejje
hath hitherto been loft. All the Dejign of this Pa-
per, therefore, is to be a Free Oblation'brought by
a Loyal Heart to the Altar of His MAJESTIES
snoft illuftrious Nhme ; and all its Hopes are, fo to be
accepted.
This being premiled to clear the Readers Eye-
fight, I fhall now adventure to fee before him an im-
perfed Pourtrai&ure of His moft Excellent MA-
JESTY, in fome few of His Royal Virtues and Gra-
ces , thofe efpecially which have a more immediate
influence upon His Government , and chiefly import
the welfare and happinefle of all who live under it.
And well may I call it an /mperfeft Pourtrait, fince it
was taken by an unskilful hand,at an half-light,and at
great diftance 5 and fince it is drawn, as in too ffnall a
Model, fo likewife in faint and dead Colours; and
therefore comes as much fhort of the inimitable
beauty of the Original , as a Sun painted doth of
the true one. However , thus much of Refembhnce
there is m it, that it contains nothing which is not
plainly vifible in His MAJESTIES A&ions: fo
that every judicious Eye might foon have difcerned
whofe Image it bears, though the Front had want-
ed the Ornament of His Glorious Name; and I
am obliged to believe, that every ingenious perfon
B hath
( 6)
hath fuch lively fentiments of his Gcodncfle mi-
printed upon his Heart, as amount to a Repre-
fentation in moft things agreeable to this. So that
were I as well fccured from being condemned of
Difparagement , as I am from being aceufed of
Flattery , Xfhould think my Errors much more Vc-
nial than now they are.
Before we can lock upon this ineftimable Jewel,
our Eyes are arretted by the correspondent Good-
lineffe of the Cabinet wherein 'tis lodged. For His
MAJESTY 'S PERSON, therefore,it it be true (as
doubtleffe it is.) that Mafculine Beauty doth' con-
fift rather in the due Shape and Symmetry of parts,
than in Colour •, and that the moft charming Amia-
blenefi of the Body refults chiefly frcm a decent
vivacity and gracefulnels of Motion : then, certainly,
may we give credit to our fight, which afliires us,
His MA|ESTY is one of the Comelieft Pcrfonages
of the Age. Which yet I mention not out of an
opinion, that Eminent Virtue always choofcththe
faireft Tenements of fiefh to dwell in; for, that's no
general Rule to judge by : but, becaufe it is moft
certain, that her lovclineffe is moft confpicuous in a
Body that is Comely , though not of delicate Tea-
tures, and which hath rather Dignity of Pre fence ,
than Beauty of AfycS ; like a rich Stone, which is
then fet to moft advantage of its luftre, when it is
fet plain. Ail men allow, there is a very near Affi-
nity and Confent betwixt the Body and its inmate,
the Mind ; and as Nature, when fhc errcth in the
Fabrick
f 7)
Fabrick of the one, is fe'dom obferved to com-
penfate that dc-feft with extraordinary Qualities of
the other: fo contrariwife, where She is exaCt in the
one, She as feldom fails to give proportionate per-
fe&ion to the other. As is eminently Exemplified
in His MAJESTY , betwixt the feveral Aecom-
plifhmentsofwhofe Body and Mind there is fo rare
a Harmony , that they reciprocally grace each
other.
Nor is it fit we fhould proceed, without a glance
of Reverence upon the Memory of that reful-
gent Rock from whence this Gemmewas taken;
I mca.fr His MAJESTIES Royal FATHER,who,
by the Confelfion of even His Enemies (yet thofe
were favage Beafts in Human ill ape ) well deferved
to be enrolled in the Eternal Regifters of Fame, the
Greateft, Wifeft, moft Pious raoft Chriftian
King of the Age in which he lived. A Primey in-
to whole truly Heroital breaft Divinity had infuftd
a Soul fo pure and white, that not with fufficient
caution reflecting upon the great depravity of the
Times, and corruption of Mens Manners, He as
freely confided in the faith of Others, as His own
Uprightnelfe and Sincerity fuggefted to Him 3 they
ought to have confided in His ; nor was He capa-
ble of being deceived, otherwife than through His
own exceeding Goodnefi. A Prince fo 7 ujl, He
fcarce knew wrong , but what Hefufierd : nor is it
eafie for Malice to find wherein He ever did an in-
jury , unlefle in conferring upon fome Men Benefits
B 2 fo
CO
fo great, they undcrftood not How to ufe them as
they ought. Hanc uriam^ Cafar, habeo ale injuriam}
effecifti ut viverem, (ffl morerer ingratuS , was Fur hi-
us his Complement to Augustus , for pardoning his
Father, who had been in Arms againft him: and
there were, who returned the fame to This Good
King , though in the word fenfe 5 abufing the
power and truft they had received from Him to
His ruine, and by the dedruCtion of the BencfaCtor,
cancelling thofe Obligations, which were too great
to be requited. So dangerous even to their Fountain
are the Streams of Favour and Bounty , where they
Row upon perfons, in whom Ambition is confederate
with Ingratitude. In a word, He was a Prince, who
lived Innocently, ruled luftly, and died Holily:
being, after fundry Afflictions (andthefe fo fharp
ones too , as no Patience but His could have con-
quer'd them) reftored to Heaven by a moil glo-
rious Martyrdom , inflicted by the barbarous hands
of mod accurled Traitors and Regicides. And, cer-
tainly, the Virtues of fuch a Father cannot but
be derived to His M A J E S T Y by the right
of Nature , the Inheritance of His Royal Blood.
Befides, The Memory of a Good and Merciful Prince
deceafed, doth ahvays highly endear His Progeny , and
redouble upon His Son , who fucceeds Him , the Fidelity,
and AffeBions of His-Peop'e.
Among all the Characters of the De : ty, that re-
main imprefled upon Man's Soul, the mod excel-
lent, and that by which fne doth belt tcdifie her Qri-
ginal,
(9)
ginal , is that which the Grecians call TAav(^&7n« 3
tr.e Latincs HumanitaS , and wc Goodr.eJs of Nature j
being a certain inherent difpofition 01 the Mind to
affedt and defire the weal ct all Mankind , and an-
fwering that higheft of Theological Virtues, Charity.
This Virtue His MA jESTY rath as well in the Ha-
bit, as in the Inclination, in io full a meafure, that it
ieems the Mafter Ingredient in His Composition.
Infomuch that it is harder for Him to be ofiendedy
than to pardon; mere agreeable to His nature to con-
icr Benefits , than to relent Injuries. He is Gracious
even to Strangers; whichfhews, that though His
Dominions be an I J land feparate Irom the reft of the
World, yet His generous Heart is none, butavaft
( ordisurd joyncd to all Lands: nor is it more His (are
of His Subjcdts (thou gh that a Ifo be greater for them
than for Himfetf) than His Kindnejje to them, which
by io ftrong a Title denominates Him the Fat at it
of His Country. All we , who are His Subjcdts, witn
joy aeknowledge our le-lves ftridtly bound to Him,
by His Laws, and our Allegiance : but by His cour-
n.ous ftooping beneath His Height, and Majcfty not
hard to be appi oach'd, even luch find and' confefle
the mftIves more ftridtly bound , who otherwife
are moft Free. So Univcrlal is the Soveraignty
of His Goodnefle, that Princes have wifh'd them-
lelves under His Command: and AmbajJado,s not
willingly return home to their Mafters ; finding
Here , if not more of Protection , yet more of
Encouragement and honorable Hopes , than in their,
own Countries. The juft and equitable dc-fires of His
People, He doth rather anticipate , than ex\ett , but
neve r
C io)
never delay: and whomfoevcr, Strangers or Native?,
Fame inviteth to behold the Magnificente of His
Court, His Affability raoft gratefully admit ; nor
do they ever depart from HisPrefence fad , unhffe
it be Lecaufe they are to depart. For, what Horace fa id ta
A>{gu[ias C<efar , is more due to His MAJES i V ,
luff at veris enim, vultus ubi Tuns
Affulfitypopulo gr at tor it dies ,
Et foles melius nit eat.
The luftre of His Royal fight
Makes the day paffe with more delight.
And Suns to fhine more bright.
So powerful in their operation upon the Aff'eB.ions of even
the vulgar, are the beams of MA J E S TY, when mi-
tigated by a gracious Afpecf, and con joyndwith the Erna-
va ions of a Benignity diffufive upon all. But, this
makes but one Twift in that manifold Chord, by
which our Hearts are faftned to His MAJESTY 'S
Footfool. For,
He is,moreovcr, a KING of fo Mild , and withall
fo Great a Spirit, that His Severity (if He hath any )
isconccal'd, but Clemency vifible to all. W he nce it
comes, that H^punifhc-th but rarely, never with Ri-
gor s being better pleas'd with Attornment made by
7 ears , than Expiation by Blood. For Offences a gain it
His facred P erf on , He yet hath punifh'd none: for
offences again it His Laws , very few s and thofe Vil-
C 11 )
kins of defpcrate contumacy , fuch as appeared to
have made a Vow, never to repent, never to be in-
nocent. Nor did He punifh Thefe, but (like the im-
partial Law) that by their Example others might be
deterred from committing the like horrid Crimes,
and that the Good might live in more fc-turity, the
Bad being taken away, (ofmm Duke of Florence had
a defpcrate laying , That we are commanded to forgive
our Enemies , but m where commanded to forgive our
Friends ; intimating, that Wrongs from a Friend are
unpardonable. Eut His MAJESTY thews His Spi-
rit to be of a more ChrilHan temper, de telling fuch
und.riftian Policy; For He hatfl pardoned as well
Secret, as Profefjed Enemies, and extended His Mercy
notonelyto the weaknejjcs of His Friends , but even
to their NegleUs and Perfdioufnejje . Which feems to
be a chief realon , why the wounds of our State heal
fofaftj that othervvife might have remained long
green, and perhaps have fefter'd. In a word; His
MA) ES'TY's Fortune is fo Sublime, He cannot want
the Solace of Revenge ; His Mind fo Generous, He
cannot be delighted with it : well rcmembring , that
it is a Princes part to remit offences; and as well un-
dc-rftanding, that no Ornament is more worthy and ^
becoming "the Head of a King, than that Civic
Crown, with this Inlcription , For Subjects Sa-
v££>.
He is a KING, whom God hath endowed with
that Perfpicacity o iv/it, and a Judgment fo dilcern-
ing; and (what is moll happy in a King ) brought up
and cxcrafcd from His Childhood, in tholevarious
en®
( 11 )
encounters of adverfe Fortune, in Exile, Travels,
Cares, Hardfhips, Wants, and continual Dangers :
that we may fafely prophcfie, that hereafter no Dif-
after fhall occurr to difturb the Peace of His Reign,
that can be inlcrutablc to His tvifdom , or infupe-
rable to His Fortitude.
For the Latter of thefe two Virtues j certainly, no
man ever gave clearer proof of it in himfelf, than His
MAJESTY hath donc:The greateftpart of His Life
hitherto having been no other but a continued Tri-
umphover the fharpeft Afflictions and Calamities; in
all which He hath born Himfelf with fuch undaunted
Courage, 8c bravery of Refolution,as if he had at once
Fra^ilitatem Homim's, & Securitatem Dei. Which the
Stoicks thcmfelves allow to be the higheft command
over Nature,and moft Heroical pitch of Magnanimi-
ty,of which Mortality is capable. Of his ABive Valour
likewife, other Nations belides this have had more
than fufficient Experience: and He hath more than
once demonftrated , that of all the Paftions, His
Pre aft is lea ft capable of that of Fear , unleffe of doing
Evil. Infomuchthat thofe of His Followers, who had
the Honor to attend Him upon a Change,have found
it a liarder taW to with-hold Him from too far en-
dangering His Sacred Perfon,than to beat the Enemy.
j
And as for the Former , viz. His tvifdom ;
though that be as plainly viftble in His MA ) ES-
"1 Y's io (peedy and dextrous Compofure of the ma-
ny and great DiftraCtions of thefe Nations, fince His
moft
(>))
raoft happy Restitution; as our Madnejje , in forcing .
Him fo long to remain in forein Countries, was in
the extreme Miseries we fuffer'd the while: yet I ask
leavetoinftance it in one or two Particulars , which
being the proper EjjeBs , may well be alleged as
certain Signes of great Wifdom and Sagacity in a
Prince. Fir ft, then ,
Principis eft virtus maxima, no[Je fuos ;
it is an infallible Oracle of Time 3 that nothing doth
more demonftrate and commend the judgment of
Princes, than their Election of Grand Oificers, and
publick Minifters, of eminent parts and fingular
abilities in their feveral Fun&ions; fuch as may not
oncly comport with the dignity of their Places, but
alfo encreafe and illuftrate it. And it is in vain for
Rulers to takecounfel concerning Matters, if they
take no counfel likewife concerning Per for s fit to
manage them: Matters being as dead Images, and
the life of the Execution of Affairs wholly reftmg
in the good choice of Individuals. Now, if were-
duce all men more immediately cntrufted by Princes,
to four Orders or Degrees j viz. Participes curarum,
fuch upon whom the Sovc-raign difchargeth the
greatcft weight of his affairs of State; Duces Militia,
principal Captains or Leaders of His Forces; G ratio-
fos , Favourites, fuch as are a folace to Himfelf, and
harmleffe to the People; and Negotiis Pares , fuch as
hold great Places, and execute them with fufficiency :
and then re-fled upon the admirable choice His MA-
JESTY hath atprefent made in all thefe ; we fhall
C foon
( '4 >
foon be convinced, that His natural Abilities are im-
proved to a high degree of Pu-feCEon by Gbftrva-
tionand Experience, and that He is deeply read in
the Natures and difpofitions of Men 5 one of themolf
important points in the Art of Government.
Secondly, it is a found Maxim in Politicoes, That
in difficult and corrupt times, one cf the rnoft efieftual
Antidotes againft the Contagion of popular JDi[content-
ments and Seditions, is for a Fri/.ce to ncurijh Hopes ,
andfo to o.-der matters-, as that unquiet and tumultuous
Spirits may be calmed by Expectation , where they cannot
prefent ly be laid by SatisfaCt on. And of this Pref erva-
tive His MAjESTY, like a skilful Efculapius of the
State j hath made good ufe , ftnee God io miracu-
loufly brought Him to the Execution of His Kingly
Office. Eor, obferving the diverfity of Factions, and
multitude of Exorbitant and-Male-contented Spirits
fwarm'ng in His Kingdoms; and finding it not onely
unfafe to the publick, but alfo impoffible, at once to
gratifie Interefts manifeftly repugnant each to other,
and to content men who were io immodeft and un-
rcafonable, as to make themfelves judges of what
was fit for Him to grant, and meafure the Equita-
bleneffe of their Defires by no other Rule but that of
their own and their Parties advantage : He hath had
moft timely recourfc to this Expedient, and handled
things in fo prudent a manner, that no Evil, either
prefent, or impendent, hath appeared fo peremptory,
but that it ftill hath had fome out-let of Hope 5 there-
by leaving no party tofhipwrack themfelves upon
C's)
the Rock of Defpair, and moft wifely imitating
Epimetheus , wlo when Griefs and Evils of all forts
tiew abroad out of Pandora' s Box to ink61 Mankind,
at la't fhut the lid , and kept Hope in the bottom.
Now, 7hh , as it ihews the Univerfality of His
MAJESTY 's Care, and His willingncfTe to include
all men in the Circle of His Trovidence : fo doth it
fhew likewife the profoundneUe of His Judgment,
in that He eftimates His Concetlions ratuc-r by the
real Utility, than the Importunity of Suters; and that
He is not forgetful of that Saying of Seneca, (2 de
Be/,ef. ) Sunt qu<edum nccitnra mpetrantHus, qu<e*%n
dare,fed negate, lenefcium eft.
%
To thefe may be added a Third Inftance of His
MA lESTY's extraordinary Sufficiency in the Sacred
Myftcries of Empire; and tnat is, His ureal Prep/a att-
ons to improve the principal Dowry of this His Kingdom
of G1 eat Britain, the Vantage of Strength by Sea,to at
Nature bath giver* it. The daily cncreafcot His Roy-
al Navy fpeaks Htm to be of that opinion, which
Cicero {in Epift.adAtttcxm ) aicriues to t'ompcy the
Great, where he faith, Conf, Hum Pompeii plane The-
miitodeam r(l, put at e/,im, qui Alan potitur, earn R< ram
etiam poti, i : Wh ; ch, doubtk-fs, is true , the vail ex-
ccffe Of Power His MAJESIY hath in that parti-
cular above all Princes and States of Europe, duciy
confider'd : as well becaufe he that is Mather of the
Sea, is at liberty to begin or end a Warre, where,
when, and upon what Terms He plcafeth ; as becaufe
C 2 the
C'O
the Wealth of both Indies fcems in great part but an
Acceflary to the Soveraignty of the Seas. But,
why dol fingle out Particular teftimonies of that
Prudence , wh ch is in it felf General, and runs in full
Breams through all His MAJESTY 'S Counlels
and proceedings ? Efpecially when it is already vifible
to the world , that in Nature nothing is fo Sublime,
But it maybe comprehended by His MAJESTY 'S
vaft Understanding ; nothing fo Mean , as to efcape His
Curiofity. Wherefore, as the facred Scripture faith
of the wifefl King , that bis Heart was as tie fands of
tile Sea ; which, though one of the largeft bodies in
the bulk or maffe, is yet made up of the fmalleft par-
ttcles: fomay 1 fay of His MAJESTY, to whom
God hath given an Intellect fo exceeding capacious,
as it feems able to comprehend the Greateft matters,
and to apprehend the Smalleft , and not to fuffer
them to cfcape His Obfervation.
As Wifdom appears to diredt His Counfels, fo
doth J ustice to regulate His Power ; which accor-
dingly he ufeth to no other end, but the vindication
of Right, and fupprclfion of Wrong. If, with Mo-
ralifts and Civil Lawyers, we underftand JuJiice to
be Con flans & perpetua voluntas jus fuum cuifa tri-
buendi , a conftant and unalterable Will of giving
to every man what is his due j and grant that the Pre-
cepts, or ( rather ) duties of a man perfectly juft , are
all comprehended in thefe Three, Honefle vivere,
Alteram non Udere, Suum cui% tribuere : then may
we
C 71 )
we fafcly conclude His MAJESTY to be fri&ly
JuJi. For, He lives uprightly, doth injury to none ,
gves every man his cue : as is evident from hence ,
that in fo fhert (and, as he might have made it, to
Himfelffo advantagious) a time, no Prince ever took
more care , or made better prov fion to redrdTe pub-
lick Wrongs and Opprcflions, than He hath done ;
and from hence, that even in matters appertaining
to His Rcyal Prerogative, He ftill hath referred
Himfelf to the Determination of the Law , which,
as it is in it f elf the Rule of Juftice, fo doth He make
it the Rule of His will ; in all deliberations keeping
His Eye rather upon th c Equity, than th cUtility of
the thing propofed. Plato , I remember, in his Dia-
logue betwixt Euthryphro and Socrates , concerning
Sanclity , brings in the Former fpeaking to the Lat-
tcr in thefe words 5 J ufli partem , O Socrates, fanftum
& pium ejj e rear, qua fcilicet circa Deorum cur am ver-
future earn ue/o qu£ adtiominum cur am pert) net, reli-
quam ef]e ju[ltti& partem : plainly importing, that
Juftice hath Two main Branches, one that points
upwards, and contains a due care of the Worfhip
of o'odj another that fhoots forth in a ftreight line,
and extends it feif to a care of the good and wel-
fare of Men in Societies. Now if we refled upon
what His MAJESTY hath already done in both
thefe RefpeBs , we cannot but acknowledge Him to
be a Jujl Prince , alfo according to this Opinion of
Plato. For,
As
( i8)
As to the FirB ; He is a KING , to whom no
Intereft is fo dear, no Care fo conftant, as that of
RELIGION , and the true Worfhip of God.
Which (that I may omit His interiour Piety , and
impregnable Constancy in the Faith , in which He was
educated) is unquestionably evident in this, that
though it be not long lince Providence Divine refto-
red Him to the Throne of His Rcyal Progenitors ;
yet hath He already rc-ftorcd God to His Country,
to God his Temples, to Temples their Sacred Thing-,
to Sgcrcd Things Reverend Prelates, to Prelates their
Dignities with lecurity : and this by a Zeal moft
noble, a Prudence admirable, and a Felicity not only
to Poftcrity, but even to Us , who are at this day
bleft therewith, well nigh incredible. Nor doth it
feem, that Realon oi State, or a confidcration ol the
neer Sympathy that alwayes is between the State
Civil, and the State Ecciehaftical, ( which even the
Scripture intimates in that laying, trmflato Snterdotio,
necejje eft ut & Legis ft at trariflatio ) alone induced
His MAjESTY to the reftitution of Epifcopacy:
but rather a judicious Piety, grounded upon a ftrotrg
affurancc , that of all Orders in the Church, none is
more Antienc , none more Sabred and Venerable,
none more beneficial to the peace and unity of it,
than that of BijJjopt. Moreover , vvl at by gentle
CounfcT, what by convincing Arguments, what by
His own gr. at Example's iAYiVl AjESTY hashrt-
duced to their Wits again, and almoft to Conformity
with both the Dcbhrine and Difcipline of Holy
Church , no lmall number of Fanatiqaes: a moft re-
frabtary Sebfc of People , who fo make themfelvcs
Arbiters
( l 9 )
Arbiters of Religion and Governours, that they mca-
fure their Duties to Both, not by the rule or Precepts
Divine , not by their Countries Lavves and Rites ;
but only by their own delufive Dreams, which, like
Furies, drive them head-long upon all the absurdities
and extravagances of a di drafted Superftition. Yea,
( what is yet more horrid ) they feem to outvy the De-
i//7hmfe.t m Blafphcmy. For, He fa id, I will of-
cend, a., id be like the HigLejl : but they perfonate God,
and bring Him in faying, 1 will acfceud, and he like the
Prince of Darknejje ; in that they pre tend theinfpira-
tion of His Holy Spirit , to juftifie their cruel and exe-
crable aftions of taking up Armes againft their Sove-
raign, murthering their fellow Subjects, and attempt-
ing to fuovert Government.
As to the Other ; His MAJESTY is a KING,
who hath as it were by His very Prefence , brought
prefent Remedy to the inveterate and otherwife mcu-
rable Dillempers of Great Britain : and like Jupiter
the Preferver , as it were in a moment recompoled His
Country, almoft torn in pieces by Civil Difcords and
Faftdons. Nine moneths are not yet fully pad, when
we beheld before our eyes the Image of a Common-
wealth moft fad and deplorable , when all things ap-
pear'd dolefull, troubled and confufed; and when we
complained, that to complc-at our Calamities nothing
remained, but the total Extirpation of Three famous
Nations: and yet at this thrice happy day , fo hath
His MA JESTY changed the condition of His three
Kingdomes , that all things are not only in a deep
Quiet,
( io )
Qu'ct, but alfo in Profpcrity ; the Laws are fo reli-
gioufly obferved, that we find our felves in the arms
of a moft delightfull Peace j nor can we imagine
what is wanting to our higheft Liberty, unleffe it be
the Lie ewe of dejlroying our [elves.
Jam Fides, et rax, et Honor, Padorque
Prifcw, et negletta redire Virtus
Audet 5 apparetque beat a pleno ;
Copia cornu.
Now Faith, and Peace, and Shame begin
To rife again, as from the dead :
Now anticnt Virtue dares come in,
And fhew her long-ncglc&ed head :
And blcffed Plenty , with her load,
Appears abroad.
Under His MAJESTIE's Adminiftration of the
State , now doth deep and rich Security thrive;
Light thrives, placed above all Injury ; the Stud : esof
Learning thrive , and the Honours of thofe Studies:
and All His fober and ingenuous Subjedfcs are ready to
make this twofold gratefull Confeflion , that they are
Happy , and that to thefe BlefTings nothing can be ad-
ded, unleffe that they may be Perpetual.
Thefe
("21 )
teli- Thefe are Great things, You'l fay and yet, truly,
arms they make but a part of the ineftimable Benefits we
a»inc have received from His MAJESTY 5 while He, (as
.evtbe if obferving the precepts of that Platoniijue Juftice,
which of all others defcribed by Men feenis to be
the mod Perfect and Difficult) dividing His Cares
betwixt our Spiritual and Temporal Good, hath been
fo wonderfully fucccfsfull in them , that it muff be
wholly our own fault, if we be wanting in either.
In fine, He is a KING , in whom Clemency and
Justice, Tiety and Fortitude , Mo defy and Magnani-
mity,, (Virtues that feldom co-habit in one bread: ).
are with fo pcrfed an Union married together: that
they conf pire to give more luftre to His Crown , than
that can to .His Royal Head ; that Men are compel-
led to place their Veneration, rather upon His P erf on
and Divine Endowments of Mind, than upon His For-
tune ; that He is become at once the Glory and Envy
of Kings ; that fupreme Sovc-raignty is his due, as
much by Merit, as by Fate ; and (in a word ) that
no,man can propoletoHis MAJESTY an Example
more worthy His imitation in the future, than that of
Himfelf in the pre lent. To conclude, therefore; as
sifronomers obfc rve , that when three of the Superior
Luminaries met t in Conjunction , that Afped alwayes
produceth Effeds Angularly good and happy to
Mankind : fo may we , upon more certain grounds,
be confident > that this great Conjuration of fo many
D Godlike
c *o
Godlike Virtues and Graces , thiat like ftars of the firft
magnitude, fhine together in the firmament of His
MA jESTIE's Royal Mind , cannot but have fo be-
nign an influence upon His Government, as to make
it highly Gloriow to Himfelf , and perfectly Happy to
His People.
His MAJESTIE's vaft Gooclnejje, and therein our
own great HappinejJe thus confidcred; what can we
do lefle than to Love, Honour and Obey Him I Gra-
titude obligeth us to acknohvedgeHim to be the Pre-
fervcr of Great Britain , Hope of Europe , fupporter
of the Faith truly Apoitolique, Example of Princes,
and the Love and Delight of all Good Men. And
our own Intereft, as well as Loyalty , obligeth us to en-
deavour His defence and prelervation to the utmoft
of our power ; and withall , to make it our daily
Prayer to God Almighty, that He would be pleafed
to eftablifh and prelervc His Mofl Excellent MA J E-
STY in the Rule of thefe His Kingdomes, which
by His Virtue begin to recover that Glory aud Feli-
city they fo long enjoy'd under the Scepters of His
Royal Anceftors, to make His Renown immortal
by the greatnelfc of His A&ions and Atchievements;
and after a long and prolperous Reign,to put Him in
pofleflionof a (eleftial Crown, in the lame inftam
He fhall fee good to tranflate H in from His Terre-
ftrial one. And to this Prayer , I am well allured,
there are none, who are not Enemies to God, to
Govern-
Government , to the Peace of their Country, to
ThemfeJves; but will, with all fmcerity of Devotion,
and fervency of fpint, fay, Amen.
7ycinnorum cade, & dementis V unci pis fuccedetiis
imperio nihil jucumdius : nihil utilius [ubditis accidere
potefl.
Herodian. Lib. 2.
1
FINIS .
i
HISTORIA
JACOBITARUM
Seu
COPTORUM.
IN jEGYPTO.LYBIA, NUBIA
/Ethiopia tota, & parte Cypri Infulas
habitantium.
Opera fofephi Abudacni , feu TZarbati, nati
Memphis /€gypti Metropoli.
OXONII,
E T heatro S heldoniano,
PRiEF ATIO
Z\$\0 \ »•. • «-v •' n % „«'> . \: rv
\ v '' ■ A lVU * u , ; *- i; - J * • r \ > ^ V* Q\ 4 \ v • Vj J
Fides Chrifliana in /Egypt o fub iffts Evan-
ge/ii initiis , SS. Apoftolorum, <&>' fyecia-
tim D. Marciprdeconio (sr aufpiciis olim plan-
tata , pro foli feraeiffimi indole, egregia protenus
incrementa fecerat : nimirum hie loci humaniores
liter£ 7heologi.de famulari primum didicerant,
hie Ammonium , Pantdenus, Clemens, 7atianus y
Origines , terrarum orbi par Athanafius, ui
alios pr deter earn , or/wm duxere: hie omriis Afcetica
difciplina nata <& exculta eft •* hie temporum putat<e
rationes, ^ folennitatis Pafchalis perpetua deft-
gnatio % qudi exinde per encyclic as literas ad Ec-
clefias reliquas tranfmijfa ; hie demum menftum
paucorum fyatio , centum quadraginta heminum
millia fub Dioclefano ob fidem Chriftianam Ccefa..
feptinginta in exiiium aEta, iErrf Martyrum
non immerito obtinuit, Nee certe alibi terrarum
felicius pietas Chrifliana radices egit, Jfwec /er/io
feculo Arium, ^ cum eo fcedifjmam h&refeos let-
nam protulerat ; quibus per Nicenam Synodum, jc -
cedente Principum atque Epifcoporum Orthodoxo-
rum cur a profligatis , ftatim, nimirum quarto fi-
a culo
PR&FATIO.
culof Tfytythes Monafierii [C^nflantinopo^^tni
ckuhwfilrih, rrtvaAet- in 4iccie/ia^mo£rkt; 4y a
Concilio Conftantinopoli coafto damnatut ad Diof-
Zbrum Alexandrinum confugiens % ;c'aufe fu& patro-
tirihm ab ipfo petiit iy reportavit : unde labes
ilia per Mgyptum fyarfa , a Jacobo Syro Barradten/i
ncmen iy incrementa deinceps acceperat, Qu&
fefta exinde magi* invaluit feculo 5. ineunte 1m-
perium Leone parvo, iy fuccedentibu4 Zenone Ifau-
rico, (y Anaflafio ; donee fub Juflino iy Jujlinia-
no in ordinem cogeretur ; qui principes feculari
Irachio Concilii Chalcedonenfis decreta munientes y
Orthodox^ Melchitarum nomtn fecere. Cum ergo
acrius in diffentientes animadverteretur, iy Prx-
fefli Alexandrini , in pcenB exigendit modum ex-
cejpjfent; accidit per ea tempora ut Saraceni in
/Egyptum facerent impetum ; unde exacerbatis diuti-
na injuria animis, malignity in publicam tutelam
accingebantur Jacobite ; imo cum a Sociis Chriflia-
nk , ac facri ifiius Nomini5 hoftibus pariter ejfet
timendum ; in Mahometh patrocinio refugium qua-
[were. Vnde Impoftor dixifje fertur , Benefacite
Coptitis iEgypti, flint enim vobis genere & affi-
nitate jun&i; item , Chriftiano Coptitde qui nocet,
mihi nocet. Atque utinam importuna perfecutio
diverfa
~7
jEDR H R A
dwffa M
pariter . Chrifiianam um ^i^. r hoc,-iff<> JfiSSfe
TuiftYcjquc M nefaria eafir^spptpulifet. 'JXWXWX
Jacobite. /Egyptmi five &pymn
gum Mahometkum haud <xgre admitttreut, Tv fi vifi
Unices riwderaties habiti r aequiorem firntu-
tevi Chriftiank reliquis fen/ere ; unde iy ; wmro
fitnl ietiamnum\ longe potiores, iy CyrillusP atriar-
cha Alexandrines in fid ad Vytenbogaen Epifiola
An. 1613. perfcripta , affirmat Dccics i^pCf
rare numerum Graecorum ; addito hemiflichio
Jdomerico, mrxauyAv S^^dS^t S^AjoIcctqi iyc,
De illorum pr&fenti fiatu, fiquidem non modo
Terrarum trafiu ab Europa nofira occidentali,
fed iy dogmatis fiuis diffideant ; qu<£' refe-
runtur , aut prorfes fabulofa , aut ex partium flu-
dm parum Candida habentur ; nimirum ea Pe-
regrinantium medullis inh&ret fingendi libido,
ut pro rerum geftarum Hifioriis, Auditiones admi-
randas domum reportent : iy natk in Religione
diffidm , id unum fere agitur, ut contumeliis (y
criminationibes adverfarii vincantur. Cum ergo Jo-
fephus Abudacnus in ipfa Cairo nates, vir qui-
dem parum literates , fed inculpatvs moribes, iy
rerum in patria fiua gefiarum tefiis locuples, bre-
a 2 vem
PRv£FATia.
vem commentarium, de cultu iff moribm Popn-
larium fuorum nuper contexuerit ; non abs re fit-
turum judicavimus ft publica luce donaremus; pr&«
jertim, cum fine magna temporis aut irnpenfarum
faftura, iff imprimi iff perlegi poiuerit,
Prcdibunt brevi, bono cum Deo, ex Typographeo
noftro Evangelii verfio antiquijfima lingua iff Cha-
rafteribus Coptick, nec non authenticde ejufdem Ec-
clefide Liturgide, qu& leUoribus erudith non ingra~
t a fore confidimus,
Cr ViV r- Vv\ • r rnn*f * rnr* *r ^
D 4v < - . V: < .« ■ < - , A if J iv J jj I \y ' *? J l l .< W ... i ; . 2
V C
nv. X : y:V.-\ v\
' iC vi\uY mnoWx
<• v.trtiv. ar x £« swnrnst
*-* j.
.. X. ^ r , , \ 'r.*y * * * * • \
c m ^ V.\
-M\ KwAVt^ X3 1^0^ tutk c
tiV f p'uw'.« ; t.V.'.ViWf/j i • w <t/\ ••'>
f oX>uu\ UV\V$ATO rnUKMv
-iroW r ; ^oUv:AiK c livv&xVL •. t, avv^ OV. \ -.•;
swo'v^St \\\ *Q> : twrno^i i\mwr\± fj&qxx
*e> lU f vr?\ WOW l;\ c t :.W. v vV*
~o| ow w\0 AvsVitj n»ixuo : A'-.': \v«"m
v O
-\y^ i\ss f ptUQl t>Yu v.\ srnof^budA eunqsl
JACOBITARUM-
mtmt QOfi anul^Mrp obbA Jjfegitf non >8 f idoo
C OPTO RUM,
-imoGSD trjxdo^H ■ ou.p n rndiorpuA ml ananog my ?'Ig "jujigt
IN j EGYPTO,LYBIA, NUBIA, & c.
Habitantium.
At? V ur\ /} r cv-'N \ c« ( V
■ c_i - ■ -
. rob*. - GAIHiX ^^A
i-oirqygrR ite sn-ynrrioD bowp # 3ioqu c ofoil|ijJSKfef3D abisdjf" ^
| T>e j^omine facobkarum.
MUltiantiqui Do&ores Jacobitarum originem,& eorurn
a quibus funt oriundi nomen cognofcere defiderarunt:
funt enim lirulti namerd Ofieut'poftea oftendemus) &
multos errores habuerunc ,& habent etiamnum in Re-
ligione. Illi non tnodo Jacobite appellantur, fed Copti, atq-, ab
omnibus fere Papicolis in'Europa Chriftiatiiper cingulum nomi-
nantur. Quod ad nominis originem attinet, arbitrantur fuperius
citati Dodtores, illos accepifle hoc nomen ab Antiquo eorum
Patriarcha Alexandrino ( Tunc enim ilUus fedis fubditi ) vel ab
alfquo Sando,puta Jacobo Syro Barradienfi. Sed hoc non videtur
efTe certum janCatalogo enim Patriafcharum , quorum memine-
runt in Sacrificio Miffe., nulla fit hujufmo'di Patriarchs mentio.
ideoq; hsc eft maxime probabilis omnium fententia , illos nimi-
rum oriundos effe ab Antiquo illo Patriarcha J acob filio Ifaac
A filio
NH •«
D
k|
L
i HISTORIA
filio Abraham, nominate fa?pe in facris Uteris ifrael (ut poftet
in akeroCoptorum notpine videbitur. ) Ac fane fi hoc veriflimum
non efTet, multitudo Hebraporum, qui Aigyptum etiam inco-
June, 'IfraelitK , non auteni Jacobitae appellarentut; fed quia
Hebraei(qui per totum te^rarum orbem innotefcunt )hoc Ifraeli-
tarum nomen adepti funr, volunt ab ipfis ( quanquam in
circumcifione confentiant) diffejre hoc primo nomine Ja-
cobi, & non Ifraelis. Adde quod funt Chriftiani, non autem
Hebraii , ,&,~id ,-agunt diftinguantuiL ab alii^ Nationi-
bus, qua* eafdem regfones cum illis incolunt.^ ^4on habent
igitur alterum generis fui Authorem a quo Jacobite denomi-
nentur nifi fupra citatum Patriarcham. Ec hoe ipfemet etiam
teftaripoftum ,me audivifle in exhortationibus quaspublice pri-
vateque fiebant,eos vocari Iftaelitas, & Ifraelis gregem, &c.
De fecundo Nomine.
APpellantur quoq-,, ut- fupra diximus G-dpti, ab oppido The-
baidis celebratiifimo , utpote quod commune eft ALgyptio-
rum & Arabum emporium, vergens ad mare* rubrum: quod &
toti iEgypto nomen dedit > nimirum ut fit mo, yuTrfas five jy 7 rfys,
Vel oris i^7rlv.
niuioo •Arnanisiio muitaidoDcT t^iofiou iupunBiJilJ Jj
r - r " * \ f - ^ < fe \ If
* IflU !£"I9D[!9b l/lOjiftflSOa HOrflOn iJ&HrfJl 10 JtWi 2UGIUD i» B \ tf
De term Homme.
- r i H Hi mnnmjsija SITJCBH :3 t unuisudBrl Ee iono solium
MIraberrs fortalTe , nee immerito qua decatrfa abEiiro-
pahs Chriftiani deltaceintnra, hoc eft Chriftianiper' cm-
gtilum appellentur- Defines forte mirari ubt noveris caufanr.
Gopti icaque ( uti poftea pluribus verbis in capi-ce de Sacra-
hnento 'Baptifmatis oftendemus) in receptione Sacramentorum
cingulo qubdaro utuntur, quo Sacerdos eum quh' Sac'ramen-
fortici funt.
. oabi
CAP;
M - i ..MM
Bans
■ • A: : w
JACOBITARUM.
3
CAPUT II.
*De C oporuM Antiquitate*
HAcftenus quidem de nomine & origine Jacobitarum
difi'eruimus, & quandoquidem a Patriarcha Jacobo eos
probavimus oriundos, fequitur fane neceffario fi de An-
tiquitate quaeras, eos longe praceiftfle Salvatorem, ac Dominum
noftrum Jefum Chriftum. Poft vero ejus adventum ( ut Eccle-
fiaftica Hiftoria narrac ) ai Divo Marco qui in Alexandria con-
cionabatur, ad fidem converfi funt. Ubi vero paffus eft Mar-
tyrium Marcus, qui ipft adhasferant acceptam ab eofidem per
totam Alexandriam, iEgyptum, Lybiam , Nubiam, &c. in qui-
bus regionibus hoc etiam tempore habitant, difperferunt. Sed fi
de numero qmaeras, refpondeo plures fane fuifte in Primitiva Ec-
clefia, ancequam Turcarum Imperio 6c eorundemBarbariei fub-
ditiforent, & in eos Mahometani fuamexercerenttyrannidem.
Sed prater has regiones qu£ Jacobitis, five Copcis referra
funt, reperiuntur etiam nonnullre aliae quae iifdem non carent,
quemadmodum Ethiopia tota, & pars Infulae Cypri, & ita qui-
dem ut ipfos drfferre faciat Regio, non autem Religio. Alexan-
drintts ehim Patrrarcha onmes ftrpra aliatas regiones in Spiri-
tualibus regit , dat ipfis Metropolitas & Epifcopos, &ejufmcdi
homines : atqoe ipfis vicrffim Jacobitis qui in urbe Cathedrali
habitant nefas eft quen'quam eligere, aut confecrare Patriar-
cham, nifi prius eorum fententih 6c fuffragiis approbatum . r & de
his quidem hadtenus.
4
HIST OR I A
CAPUT III.
De %cgiminc eorum Spiritually
SAtis ha&enus ( ut videtur) de Jacobitarutn nomine & ori-
gine difi'eruimus; jam agendum de Regimine, & foroSpi-
ricuali. Sed antequam rexn.aggiedia.r prjqs te monitmp vote,Co-
ptos eadem libeixate non ubique frui. Qui enim a Maho-
mecanorum , five Ethnicorum jure fimul & injuria tuti func,ma-
jori liber tate donantur in Ecclelis regimine, &.taliqoidem quail
utuntur Papicolx & Grsci, uc multi narant Hiftoriographu
(Qui vero in Argypto, Lybia, Nubia, Thebaide , See. habi-
tanc, &Turcarum Tyrannidem ferre coguntur, juflaque Bar-
bari Imperatous adimplere , tam liberi fane non func. Jam vero
quombdo regantur in fpiritualibus paucis ac breviter expedie-
r -battioo ^ oi-rsq?--.-! (.jLijloiuT aicupwiu:
Apud Jacobitas fumma eft Patriarchs, quern vocanc, di-
gnitas. Poteftatem verb fumit a Prorege, five Bacha, qui
Asgypto Imperatoris vice praeeft. Munus itaque ejus eft in
Chriftianos poteftatem fuam ( in fpiritualibus fcilicet) exercere.
Verbi gratia, fi Jacobica aliquis Grscorum religionem , Pa-
piftarum, Armeniorum ampledtatur, propria derehdta , tunc po-
teft 9 imo debet ilium in jus vocare.' Si verb Mahometanus fa-
<ftus fuerit, tunc non poteft: fynt enim illi rerum Domini, nec
licet Chriftianis relu&ari adverfus eos quihus inferviunr. Atfi
in illis regionibus degat qus Turcis minime parent, veluti in
^Ethiopia , poteft eum vocare , & rationem expofcere quare a
religione difcefleric, vel fane anathemace ferire. Sed raro fit
hoc hifce temporibus •, timet enim Patriarcha ne qui fuerit in
tali periculo Mahometanus fiat, ubi nulla eft falus, non enim
curantilli falvariin Chrifto & per Chriftum. Et hoc tantum
juris nunc polfidet. Porro fecurus non eft de iis qua* ad
Ecclefiam pertinent 5 cujufmodi funt primitis, decims,
feoda
JACOBITARUM. 5
feoda pro matrimonii, item Eleemofyna? quas Chriftiani
in iedo decumbentes j ac morti proximi impertiuntur, aut im-
pertiendas relinquunt; item ea quae folent dare ii qui recipiunt
Sacramentaj' fcilicet S. Ordines } Confirmationem , &c. de his
enim nullam poteft movere Controverfiam cum fubditis. Si
polfmt aliquid dare , ac quod conftitutum eft perficei e necne ,
non multum intereft : expedare debet morum liberalitatem , feu
charitatem. Atqui hocquidem de Spirituali Regimine quo ii
quibus Turc£ imperant utuntur.
CAPUT IV.
. •
T>e EleBione Patriarch#, Epifcoporum y &c.
I
& •'
. a
UBi obiit Patriarcha qui Clavum gerebat in Spiritualibus,do-
mus Cathedralis Canonici poftipfius funera omnesac fin-
gulos publice hortar.tur, ut Deo preces fundant, eumq-, rogent,
ut auxilietur fingulis per Spiritual Sandum, quo eligatur novus
Ecclefis fuse Redor gratus illij gratus hominibus. Inde ftatim
litteras mittuntq ac vocant Archiepifcopos & Epifcopos omnes; |"
qui ubi convenerunt in Domo Cathedrali, eligunt aliquem ex
{enioribusMonachis qui in Eremis habitant, ac Poenitentiam ,
Jejunium, Caftitatem, & omnia qure pertinent ad mortificatio-
nem carnis rigide videntur fervare & obfervare. Ubi vero eledus
fuit aliquis, illi minime aperiunt (quamprimum enim novit quif-
quam fe ad illam dignitarem vocari, fugit, nec libenter accipic
munus) fed vi capiunt ilium, & in urbem ducunt, multifq; preci-
bus rogant , ut dignetur effe Paftor Ecclefiae, cum a Spiritu
Sando per Archiepifcopos & Epifcopos eledus fit. Ipfe verb
multis & verbis & lacrymis reludatur, feq$ tanti oneri non pofle
fufficere, nec parem fe effe profitetur: tandem veluti precibus
vidus fufcipit onus. Illico ad Proregem ducitur, qui iEgypto
turn temporis pr£eeft,a quo Jacobitarum Patriarcha conftitui-
A 3 tur,
6 HIST O RIA
tur, conceduntur& ea quae primo petit, ut poffic nimirum
Ecdefiam regere fecundum mores & inftituta majorum. Et haec
quidemde Ele&ione Patriarchae. Agamus jam de Epifcopis. illi
fiquidem eodem fere pa&o quo Patriarchae eliguntur, per vim
enim capiuntur, & ad Patriarcham deducuntur , qui monet ne
diutius tarn factum munus rejiciant, fubjiciant fefe oneri , me-
minerintque fe a Spiritu Sarr&o & vocatos & ele&os, eundem
quicquid fuerit arduum ac difficile, facile redditurum. Ubi
confenferunt, fimili modo datur illis a Pacriarcha vel Prorege
facultas, ne cuiquam fubditorum ils relu&ari 3 aut in aliquibus
adverfari liceat.
Ubi vero eligitur Archiepifcopus, convenit Patriarcha cum
CanoDicis qui habitant in domo Cathedrali, atque ubi elegit
eum, dat illi literas authenticas, quod & Prorex facit, ac talem
poteftatem , qualis dari folet Archiepifcopis, & poft iplius con*
iecrationem , mittit ilium in provinciam quam fortitus eft.
Eadem eft ratio de Canonicis, Presbyteris, Prioribus Conven-
tuum ; qui quidem omnes primo reludlantur, tandem verb ve-
lac precibus vidi acquiefcunt. Ex hifce nulli a Turca hanc
authoritatem accipiunt, aut faltem illius Confirmationem,
liifi Abbates & Priores ConventQum, Alii ejufmodi authorita-
te non indigent, cum fintipfi Subditi Patriarchae vel Epifcopo
alicui.
CAP.
JACOBITARUM. 7
CAPUT V.
De Confecratione Tatriarch# , Archief ifcop't,
& Epifcopi.
CUm minime quotidianum, fed rarum fit confecrare Patxiar-
cham, de Confecrationis ordine pauca breviter narrabimus.
Ubi praeceffic eledio Patriarchs? ( de quafuperius egimus) in
Ecclefia Cathedrali, & omnibus aiiis indica,rur .confecrationis
dies, ilia Cives omnes, & ii qui Cunt in urbe Memphis, extra-
neique multi in Ecclefiam in qua debet fieri Confecratio con-
veniunr. Neque tantum Chriftiani, fed & uiulti Principes
Turca? & Mahometan! iliac concurrunt: rem enim cumraram,
turn vifu maxime dignam exiftimant. Confecrationis hie eft
•Qliid.-,£ liftiii mtiluMq . tl iiqr/Sl'.q'-* 3<3
Media node incoepta Miffa, ac poft introitum,Epifcopus unos
e feptem qui Introitum inchoaverant, recedit & Sanduarium in-
greditur, fecundus verbinchaatreliquam Mift# pattern; fecun-
do fuccedit tertius y qui iiidem ftio m celebratiooe Miffae mune-
r ; e fungitur,tertioquartus } &iicdeaetexi$ufque ad feptimum;
.qui ubi exordium five Praftationem ceeinit, refinqeit Mifla? par-
tern alteram, feque confert cum reiiquis in Sanduaxium, (de quo
in fequenti capite) in quo feptem funt grades in circuitu , atq;
in medio altare v fupra quod Mifta celebratur, continet: fingu-
lis verb gradibus infiftunt feptem Epifcopi redi finguli fupra
unum quemque gradum,habitu Pontificali & Mitra ornari. Ac
tunc Canonici & Miniftri ceteri qui miniftrant in Sanduario 5
accerfunt Patriarcham cum ephod laneo in capite , & indufio li-
neo & cingulo, de quo fupra in tertio nomine Jacobitarum.
Cumque accedit ad primum Epifcopum qui flat in primo gra-
du, legit periocham aliquam ex libro Pontificali qui appolitus
fuerat
3 HISTORIA
fuerat Patriarchs capiti ( dans illi fcilicet animum & fpem in
Deo , ut Deus det illi gratiam qua polfit regere Ecclefiam fuam.)
Poftquam legit periocham qus defignata fuerat, afflat illi
ad os dicens, Sume Spiritum Santtum , quo peradlo Mitram
lllius excapite aufert. Sic fecundus in fecundo gradu,tertius in
tercio, & fic de ceteris, ad feptimum ufque. Cum verb ad fepti-
mum pervenit gradum, feptem Canonici domus Cathedralis
afferunt illi veftem Pontificalem 3 & eorum unufquifque veftis
partem qua fe induat porrigit, ( primus dat illi linteum quod-
dam quod humeris debet imponere, fecundus indufium , tertius
cingulum , &fic de ceteris ) idque addita periocha qua-
dam peculiari, ac veftis partibus finguiis deftinata, donee omnes
fuum munus abfolverint. Poftquam vero Pontificiam veftem
induit } fedet in graduum Cacumine, & omnes Epifcopi Mitram
auferunt •, ipfe veroimponit aliam capiti, Epifcopiq; & Canonici
omnes manui ejusdant dfculum,obfequrum promittentes. Quo
peradlo Patriarcha ip.fea gradibusdefcendit, Milfam confecrarfc
inclpit, & Sacramentum Euchariftis omnibus iis qui Mini-
ftrant in Sandtuario Epifcopis, Canonicis, Archidiacono, &
Subdiacono miniftrare. Et hadtenus quidem de Confecratione
Patriarchs. De Epifcopis fi qusras , peculiare nihil adhibe-
tur nifi quod in libro Pontificali'defignatum eft. Et has Cere-
monias Patriarcha folus Miftam celebrans una cum Miniftris qui
inferviunt efficit: poftea verb omnes Epifcopi ipfius fu'oditi
( fcilicet Archiepifcopi ) vel faltem tres, inflexo genu manum
ejus fedentis fuper Cathedram ad finiftram Patriarchs ofcu-
lantur •, & hoc fit tantum ante Confecrationem Sacrificii Mifts.
Eadem eft ratio Confecrandi Epifcopum. Confecratur fcilicet
a Patriarcha eodem tempore , nec prsterea quicquam fit, prs-
ter id quod pertinet ad Epifcopos, afilat nimirum Patriarcha,
jubens ut accipianc Spiritum Sandium.
. a; -siJiM sft K.oaiJnp^Hjidfifi,r/Tubfii§ auprtnup muna
c 01 .' c.i Jm fiinim iup ira»3 nihaiM ioiaoncD oaut
~ii ( s8 diiqc:) ni oml bodqe> mm mfirirai jn0i&&
-rniJinairloonT ?r rnon otoiM fli rtqtft or;p sb t olugah & om
-in ami ' nil ,1 iro rnijqob] "T riiurniiq bs snnmuD
JACOBITARUM. 9
<De Confecratione Sacerdatum, D'taconorum,
& Subdiaconorum.
FIc ea fecundum ordinem Papicolarum, Gra?corum fc. de qaa
Confecratione in Sacramento Ordinis breviter narrabimus.
CAPUT VL
De Forma Fempli.
JAcobitarum Templa abaliis, five. Europafis five aliis, aliquo
modo diff'eruntrquemadmodum & aliquibus Ceremoniis utun •
tur,quibusChriftiani alii uti minime folent.Hunc igitur in rnodum
ftrudta funt, ut habeant tres plaseasfive Alas, & tria Sandtuaria.
In- prima platea, qua? Sandtuario medioximo adjacec, omnes
EcclefiafticijNobiles, & Cantoresmanent; in fecunda plebeii &
pauperes omnes; in tenia feminar. In Sancluario vero Sacerdos
folus, & Miniftri , fcilicet Diaconus, & Subdiaconus •, reliquis
ingredi nefas, nift habeant ordines majores facros. Ethocde
Sandiuario Majori quod in medro aliorum collocatum eft. Alia
vero duo Sandtuaria Tunc ab utraque parte majoris, ubi
vulgo folet miniftrari*, iis utuntur Jacobita? in Dominica
Palmarum , & Fefto Natalis Jefu Chrifti : caufam videbis in fe-
quenti capite. Prarter tres plateas fupra allatas funt &* loca alia
peculiaria, vel pro Sacriftia, ubi Sacerdos & Miniftri facra; veftii-
menta induunt,vel pro Lipfana & fandtorum reliquiis, necnon pro
eorundem imaginibus, quibus maximedediti,funt ; vel pro fbnte.
Baptifmatis 5 &c. Et haec omnia loca funt in Platearum fupra
didlarum circuitu. In tertia vero platea ubi femina? manenc, eft
& aliquando Pifcina in medio^qua? fingulis annis in Fefto Epipha,-
niae adimpietur aqua: fed & de hoc in fequenti capite dicemus.
tv B
10
H I S T O R I A
In tribus Plateis iftis funt etiam Otatoria, quae aliis Religionibus>
utpote Asthiopum, Armenmrum, Chald,iorum,Gra;corumj&c.
inierviunc: in iftis diebus feftis Mftfam celebrare folenc.
PEculiares quafdam Ceremonias habent illi ab aliis populis
plane difcrepantes, quasfea majoribus accepifle ja&itant,
& in hodiernam diem diligenter obfervant, ut nefas £ic vel la-
turn unguem ab illis difcedere. Tales funt ill® quae folent fieri
diebus Dominicis,& aliis Apoftolorum, feu Martyrum feftis.
Scilicet die Sabbati ante Dominican!, vel die ilia qua; feftqm
alicujus Sandti prascedit, omnes inTemplum nudispedibus con-
veniunt, fivefint viri five femina; , quique pofl'unt pallium all-
quod coopertorium afferunt,quo in Templo notfte ilia dormientes
fefe tegant&cooperiant. Templa habent in terra ftoreis vel ta-
petibus conte&a, iecundum loci dignitatem; & poftquam vefpe-
rae & completorium celebratum eft, omnes in Choro,cum Clerici
turn feculares, una canunt orationes & hymnos ad vefperas &
completorium pertinentes •, poftea vero fefe conferunt in diverfa
loca viri & femina; ut dormiant (claufus tameneft circuitus pla-
tea; feminarum, ne homines & femina; fimul fint ) pra;ter eos
qui manent prope Templum •, illi enim in fuis redibus cubant,&
ante auroram per unam aut alteram horam , vocati prius a clerir
co quodam adveniunt ; ipfique qui in Templo dormiunt, &
omnes qui ordines facros adepti funt, majores vel minores, fe
cingulo (dequofuprain pnmo capice diximus ) cingunt, & in
Chorum fe conferunt, incipiuntque matutinas canere; poftea
hymnos & horas Canonicas omnes ( fcilicet primam ,tertiam ,
& nonam ) qua; quidem vefperarum '& matutinarum horre com-
pletf untur ac continent quadraginta o&o Pfalmos, omnes Ara-
bica
JACOBITARUM. fi
bica lingua recitatos alternatim. Pfalmum canunt finguli
( fcilicet Sacerdotes & majores populi) piaster ledliones cum
Evangelio, quae prius lingua Coptica recitantur, poftea verb
Arabica, ut omnes qui adfunc poffint percipere. Orationes folae
Coptica lingua recitantur, quibus peradtis inchoat Saccrdos
Miftam una cumDiacono, Subdiacono & Acolythis,(qui Temper
in celebratione Miflas debent adefle ) ac ubi omnes fefe fuppli-
ces terras inclinaverunt, introitum lingua Coptica recitat Sa-
cerdos ante januam Sandfuarii, Hoc peradtoSandtuarium ingredi-
tur una cum Miniflris in manu thunbulum habentibus, ac ter
circuit altare benedicensilli; poftea verb Clericus ad Sandtuarii
januam accedit una cum hoftia, vino & aqua, quae quidem omnia
magna modeftia ab illo accipit Diaconus in Sandtuario, & co-
ram facerdote ilia ponit. Sacerdos verb omnia ifta ordine difpo-
nit ut confecrentur, poftea quafdam orationes & bymnos inci-
pic, acpopulus canentis vocem voce fequitur; ft verb extent
narrationes aliqua? ordinariae alicujus fandi vel diei frfti, illas
facerdos lingua Coptica recitat: quibus peradfis Subdiaconus
primam epiftolam aggreditur, qua? quidem Epiftola ex veteri
teftamento fuerit , eamque Coptica lingua recitat, poftea
Subdiaconus alter Arabice recitat d.uas Epiftolas, quarum altera
ex Paulo.Apoftolo. defumitur,altpra ex Catholica j & quibufdam
orationibus & hymnis recitatis, Evangelium quod folec ilia die
legi recitat. Poftea praefationem Coptice foiemniter facerdos
inchoat, quern fequitur Chorus & reliquum-canit, & JLita-
niam , quam folus iacerdos in fandtuario coram omnibus elara
claraque voce Coptice recitat. Ubi hae orationes quae fiunc
ante Confecrationem peradtas funt,panem & vinum populo re-
ligiofe aufcultante confecrat. .Confecratione fadla facerdos ipfe
primo facramentum fumit,pofteum Diaconus,Subdiaconus,
& alii Miniftii •, ft veroadiint aliqui ex populo, ejufdem ho-
ftias partem illis communicat facerdos, & Cochlear! a> genteo
vel aureo fanguinem iifdem miniftrat Diaconus, ita ut omnes
iftiunius hoftia? debeant fieri participes, quae unam panis libram
$1 minimum aequat. Sed ante diftributionem facramenti facer-
ios calicem tenens, & Diaconus hoftiam in patera ferens,egre-
Jiuntur e Sandtuaiio ambo fefe invicem refpicientes, ita utis
szammaimEssssJ 2 qui
I
12 H1ST0RI A
qui prtecedit cancri more incedac, facerdos nimirum converfus
ad Diaconum qui fequitur •, deque per Chorum tranfeunt ,inde
per duas fupra allatas placeas: poftea verb fimili modo , id eft
Diaconus retrorfum converfufque ad Sacerdotem redeunc in
Sandluarium , & populus qui adeft fupplex capite nudo in genua
procumbit, quibus omnibus peradlis duarum aut trium horarum
ipatio, aut circiter, Sacerdos lavat Calicemac Pateram cum ma-
nibus fimulj bibitque aquam illam manibus prius minime exfic-
catis,&manet ad Sandiuarii januam , omnefque ad ilium con-
currunt, lpfe vero iaciem eorum tangic benedicens illis atque
cum e Templo egredi incipiunt, Chorus hymnos & Pfalmos lin-
gua Coptica ca.nir. Clericus verb quidam manet ad oftium
Templi cum Calatho pleno hoftiis non confecratis, & fingulis
unam dac.
De duobus SanHuariis extimis y de quibusfupra
diximus in forma Templi Capite <5.
TEr tantum per annum ilia ufui inferviunt,in FeftoNativita-
tisquidem ter,tres enim Miflie ilia die celebrantur,acnecef-
ie ut ties Sacerdotes facris operentur,& unus in fuo Sandhiario
Miflam unam tantum celebret. Secundo in Dominica Talmarum,
quae dies valde folennis extat apud illos ; & deniq-,FeftoExaltatio-
nisSandtae Ciucis fimiliter. In his igitur tribus Fcftis tres Cru-
cesexramis Palmarum conficiunt Sacerdotes, atque in fingulis
Sandiuariis uni benedicunt, & hoc ladto Proceflionem una cum
ill-is qui funt in Ecclefia faciunt,ac cruces in fluvium conjiciunt,
aliofque ramos benedidlos in redibus aflervant.
T e Pilcina qure eft 111 tertia platea, ubi femina? manent,fi qua®-
ras, ilia in Fefto Epiphaniae aqu3 adimpletur (tunc enim Baptif-
maris Chrifti fit Commemoratio.)& ipfe Patriarcha ft adfitconfe-
crat aquam illam, livero ablit quicutique tunc prrceft in Ec-
clefia illius munere fungitur , & aquam confecrat : quo
peradio, & multis aliis Ceremoniis, hymnis, pfalmis, & epifto-
lis, Evangelio & aliis tarn Coptica quam Arabica lingua abfo-
lutis, qui prteeft exuit fe, & veftes deponit 5 pofteafefe in pifci-
nam
j a co bitarum; i 3
nam quater immittit,ac immergit, idque in quatuorpifcinae an-
gulis in Cruris ferme modum, & omnes qui adfunt illius vefti-
giis infiftences idem faciunt in Bapcifmatis quafi memoriam, &
vocatur dies ilia Gnitas , i.e. Submerfio:qua»ceremoniaconfecra-
tionis aquae per duas aut tres horas extenditur, multis lampadi-
bus & candelis accenfis.
C A PUT VIII.
* v - Sj ( - * ' ' J A *** . \ i V i V r :
T>e Indumentis Sacris.
QUia Jacobi filii funt, indeque Jacobicaeappellantur f uc vi-
dere eft in primo capite)hanc fane ob rem omnes fere cere-
monias Judaicas,& partem facrorum veftimentorum in hodiernam
diem obfervant-,utuntur videlicet panno laneo in capite, atq-, illud
non modo ii debent geftare qui Ecclefia* miniftrant,verum etiam
omncs qui Ecclefiam ingredi. volunc, alias non licet. Utuntur
pra^terea indufto ad terram ufque demiflo , cum "emmis aliqui-
bus in modum crucis appofitis periori, dorfo, & extremis par-
tibus prope terram 3 & manicis prope manum & brachia. Si vero
Ecclefia pauper fuerit, pro gemmis fericum apponitur. Hccque
ubi induerunt, fecingulo, de quo fupra egimus, cingunt, &
facerdos ipfe folus manipulum in dextra manu fert •, alii vero
Miniftri, fcilicet Diaconus & Subdiaconus, & qui funt ordinis
inferioris hoc facere nequeunt: & hoc diebus iingulis utuntur.
In folennibus vero cum Pontifex nullus Miffam celebrat, Sacer-
dos, Diaconus, & Subdiaconus, pallium ferunt cum cucullo
in capite fuper Pannum laneum. Nulli ierunt ftolam nifi Pon-
fices. Habent quoq; aliqua velamenta ferico confeda, quae infer-
viunt Mimfterio facramentali, fcilicet quando Diaconus per
veftem interpofitam tangit illud,non autem manibus nudis.
Obfervant etiam nonnullas alias ceremonias ex veteri Tefta*
^ B ?
■in
mento
; Hl iT O ft I A3 / I
memo i quemadmodnm abftinere &cadaveribus mortuorum, &
aliis multis qua? in facris Uteris rccenfentur. A pollutis animali-
bus, polluto fanguinebtem afuffocato abftinent plane ;&multa
alia quae in veteri Teftamento Judaeis praecipiebanrur, rigide ac
diligenter obfervant.
CAPUT IX.
v 3 t ' r* r f rr a o»
i -M 5 | § "■$ r-\ i
T >e Sacramentis in genere, & eorum uJ~m.
SAcramenta apud Jacobitas ficut &apud Papiftas, Grarcos,
Armenios, &c. funt feptem, non tamen omnia diligenter
obfervata i fcilicet Extrema Undlio & Auricularis ConfefTio,
non ita,rigide obfervantur, ut reliqua quinque. Confumatio,
una cum Baptifmate ftatin) .datur, nec aliquis ordo obfervatur
in receptione Sacramentorum fed confufe omnia, Similiter una
cum Baptifmate dant infantibus Euchanftis Sacrament.um fub.
utraque fpecie, faepius etiam Sacramentum ordinis una cum
aliis duobus, & ordines facros praeter faceraotium , quod nulli
datur quin prius vicefimum quintum aetatis annum aflequutus
fueric. Ante Sacramenti Euchariftia? recepxionem feculares fo-
lent aliquando Confeflfionis Sacramento uti, Ecdefiaftici verb
fere nunquam. , Matrimoniura folenniter magnjaque pompa &
Mufiqis Inkrumentis adkbitis.celebrari folet.
Caput
J A e O B I T A .R U M. rs
i ~ » • '• ')ii f "iff!n'yii > pl Thy b'32 r ctE3 g 'Oiler n ? 30 .
CAPUT X.
TBapitfrnate.
SUpra diximus in capite de forma Templi eflfe locum
Baptifmatis fonti deftinatum , in quo eft Pifcina quae Baptif-
maris tempore aqua adimpletur 5 quo perado Sacerdos una cum
Miniftris faens prius indutis veftibus ad fontem accedic, unaque
omnes varias orationes & hymnos a. facerdote prius inchoatos
lingua Coptica canunc, poftea fequuntur Epiftolae & Evange-
lium , ut fupra in celebratione Miftae diximus. Incipit deinde Sa-
cerdos Praefationem canere } atque omnes fere orationes & pit-
ces^ quibus in menfa utimur, recitat. Tnde aquam confecrar,
cui Talis & olei benedidi aliquantulum admifcet. Offert verb
infaatulum quadraginta dies natum pater luftricus, nec ulli fas
ne Matri quidem aut obftetrici Ecclefiam ingredi nifi cogat
neceflitas: ac prius accenfis multis lampadibus & candelis, ad-
ftantem coram fonte patrem luftricum interrogat Sacerdos, an
facra Baptifmatis aqua ablutum velit puerulum quo annuente
Exorcifmum recitat, & multas ceremonias licitas, quemadmo-
dum multre folent nationes, ac infantulum manibus prehendens
totum in aquam ter immergit, addens verba ilia quibus utuntur
Chriftiani in Sacramento , nempe, Baptt-^oTe in Nomine Patris
filii <£r Spiritus Sanffi , acceptoque albo linteo puerulum ab-
llergit, & oleo facro confirmat , cmnefque articulos ungit.
Poftea Sacerdos ipfum veftibus induit; & cingulo (de quo fupra )
cingit j nec poteft a quoquam , nifi ab aliquo Sacerdote poll
triduum diflolvi; ac tunc quidem iterum infantem fpoliat, &
aqua limpida eundem in vafe figulino abluit, quam poftea in flu-
vium vel locum aliquem ubi poifit evanefcere ejicit, Baptifma-
tis verb aqua per foramen aliquod in fubterranea loca emittitur.
Baptifmus bis per annum folenniter celebratur, primo qui-
deiu
1 6 HISTORIAN
dem Dominica Pentecoftes, poftea Dominica Paflionis, (& turn
datur infantibus, ut fupra diximus. )
Sed ut in primo capite diximus, Circumcifionem diligenter
obfervant, & hrec quidera fitdieo&ava port partum. Neque
tantum in majoribus urbibus obfervatur ubi eft magnus hominum
numerus, verum & in pagis & ruri rigidiflime tenetur.
•' vi .4^ 1 * v. *> VviL \i
V. i
CAPUT XL
T)e Sacramento Confirmation!s.
IN fuperiori capite facramenti hujus meminimus, cum Sacer'do-
tem illud infantulo Miniftrare diximus - fit nempe a Sacerdote
oiei confecratio, quemadmodum confirmatio , neque enim
expedat donee Epii'copus miniftret. Ita ut fit hoc difcrimen
inter Jacobitas & Papicolas in hoc negotio, quod apud hos
oleum nonnifi ab Epifcopo confecretur, apud illos nequaquam:
qnemadmodum & Confirmatio parvulis una cum Baptifmate
adminiftratur, idque a Sacerdote; apud Papicolas. feorfim, idque
ab Epiftopo tantura.
J ACjO U M. Ii7
-J" - J -- - -'I—------ umwx i JJ-» immu ■■ i n ■ i 4
. p APIUJHXI®
©e Confejjione AuricularL
HOc facramento ferme nunquam utuntur Eccleftaftici,
ucidiximus', raro Laici, ac tunc' fevere ac rigidiflime ex-
■ercetur. Mulii narrant Hiftorici pecunias in Ethiopia , ubi Ja-
cobitarum religio viget, ab eo qui poenitenti'am agit fatis mukas
fumere Confeflores, cum prteterea rigidam cogantur agere Poeni-
tentiam.In dEgypto veronon dantur pecunia? nifi promodulo ejus
qui poenitenriam agit. Si nihil dederit, tunc a Templo abfti-
nere Cogitur per aliquod tempus. QuTveroab illis Confefforr-
buspoenitentiaex-hiberifolet ,tam gravis ylerumq- eft, & in tani
Ionium tempus excenditur,utYrpe iex menfium, aliquandounius
anni fpatium excedatyatque interim Euchariftiae Sacramenrum
non participant. Poenitentrcc hujus talis eft ut pluri'mum ratio.
Bis aut ter per hebdomadanr a. cibo abftincnt, aqua fcilicec &
pane vidlitantes, perque fingulas nodes quinquagies aut centies
fefe in terram profternunt, ofculantur eandem orientem verfus,
exiftimant enim unte'anv elTe peccatorum fpeciem , non autem
variam, ut inquiunt Papicola?.
C
CAP.
HISTORIAN I
C A PUT X H I.
*De Sacramento Eucharifti#.
T~1 Uchariftiig,. Sacra men turn fingulis Domiaicis & feftrs die-
r,bus Miniftri una cum Sacerdote Miflam celebrantes, idque
abfque Confeifione ( ut fupradiximus, ) fumunt: folent tantUm
vigilia qu£ feftura antecediipararefe , & a Cibo & Poiu node
ilia abftinere. Laici vero perada poenitentia quam praeceperat
Confeffor, religiose & collacrymances ad portam Sanduarii
nudo capice accedunt^ibiq-, ftantes linteum manibus tenent.-Sa,.
cerbos verb fruftum hoftia? dat illis, & Diaconus pofiea Cochler
ari.aureo velargenteo , vinum e Calice porrigic. Paricer fi Sa-
era Baptifmatis unda abluantur quidam infantuli, quod folet
etiam alias fieri quam duabus illis vicibus de quibus lupra, ad
oftium a pacre luftrico afferuntur, ac tunc Saceraos f-ufiulum
hoftire pueruli ori immittit, & digito in Calicem injedo ori ejus
admovec. Similiter fi infans quifpiam conftituatur Diaconus vel
Subdiaconus, &c. quod fape fit ubi Pontifex aliquis Miflam
celebrac, ab eodem in Sanduarium introraittiujr,
« » •* Si-Ai - ■ i • — i - • ■- o- *•' • - ■ *
CAP.
o
J A C OB ITARUM,
CAPUT XIV.
De Sacramento Ordinis.
HUjus Sacramenti meminimus *cum deBaptifmate egimus,
ubi diximus non haberi rationem aetatis in adipifcendo
quovij ordine praeterquam in Sacerdorio, omnes alios interim
rammajores quam minoresqualicunque tetati pribui. Fit vero hoc
modo , Exempli gratia , fi puerulus aliquis creetur Diaconus,
cum non patiatur £tas rudis admodum & tenera, cum regulas
ordinis peificere, tunc aliquis ex ipfius propinquis five pater r
five mater fidejufforis ve -luti loc« Ulasin pueruli gratiam obfer-
vare debet, donee fit ille aliquantulum prove&ioris aetatis.
Regulae ordinis bae funt. Bis-Eqgulis hebdomadibus jejunare ,
diebus Mercurii & Veneris , ab omtiibus cibis fanguineis & lade
abftinere , Quadragefimali tempore jejunio ad ferotinum ufque
tempus corpus macepire, i^em feftis diebus Ecclefiam adire y
ibiq;Mifiam audire. Oflicium divinum ante Sacerdotis ordinem
nulli exequuntur, ac poll vicefimum quintum annum Sacerdo-
tes ordinantur j qui qudem omnes fupra,^'ilatas regulas ipfi co-
guntur oblervare. Qui v.eio -recipitpr in majotes vel minores
ordines, dat prius nomen Pontificis amanuenfi , & pecuniam ali-
quam Patriarchal tradit (fcilicet tres denarios monetae Angli-
canae) ac confecrationis tempore Pontilex ante Sariduarii januam
ftans capillos ejus abicindit, & capiti manu impofita , capillifque,
abiatfisin benedicit.Hlb ac gratujatur fimul qu^
Jj» u Ecciefiaftico!urn nn^pMWft fcfettWi
ingteditur, atque fuper fedem Pontficiam fedet , -Miniitnque
ipfi cingulum afferunt, incuti & ipfi indufio U cingulo, & Pon~
tifex in ilium confeit reliquos ordines ufque ad Diaconatumxere-
moniisillis adhibitis quibus Graeci 8c Romani utuncur*. Quod
C 2. fcde.
14 ,u :i iHiswicii * r.
fi de Sacerdotibus qua?ras, rcfpondeo non eandem e(Te rationem:
eligunmrquidem \\\t fed abfcntcs, ordi-nis tempore in Ecclefia
capiuntur fed reludlantes > & per vim precibus variis, ac verbis
veluti vivfli, acqwlefcere. coguntm: poftea Sacerdotalibus vefti-
bus mduti duciin/urlidf ) Eontuicaw in- SandiuaHum, & ab eodem
ordinantur, ut fupra , quemadmodum apud alias genres. Prarter
ho fee ordines tie quibus ha£gpu?. egi.ro its -, {labent & ordinem
alium qui dicitSnufrAlbomrml^ 1 , quaie^funC vsl Canonicivel
Confed'ores, iiq; uri diximus in ordine Presbyterii a Pontifice
conftituunruq A poftq^multas monitiones ab eodem in Tempio or-
dina'ntur,'poteftaremque aecipiunt peccata abfolvendi in con'-
teiiione auriculari, Moiientur verb a Pontifice, curam Templi
uc habeant, mun'ere ciiligenter- fungantnr, cafte vivant., ut hoc
pado ceteris* fine caftitacisiexemplar qnoddam : tibi verb hoc
munere deiundli lunt Pontificatum adipifcuntur, ut in capitede
EleCiione Patriarchs diximus. ■
,to:svft eiupri qoiq adlqi xo aoprifi :*nui
i <—i e —j i —i
•2.jr,:% chotibavcrq /. ibiiinaupiifi edi ail omoh € itxhrn air/
CAPUT X V.
De Sacramento Matrimonii.
r: ::;b o eijobi: ":i Sinn muam~> muiorltO .t - ti£ rnslni. jjproi
-ob'ioocd rnuans muiniup rnuouhdv iio 'jr> ( imnuopaxa inun
MAtrimonium, ut in em de Sacramento fcnpPrnus, maghi-
fie* & folennlter celebr&tur-: ; haC pa&o firinjEgypto.
Sponfus & fponfa veniam primo petunt a judice Turcagqui enim
Tub imperio Turca? habitant, uxorem ducerc nonpoflunr, nifi
prius impetrata venia ab eo qui vices Imperatons gerit. Qua qui-
de'fi itnpetrata dombm Gathedraiem adeunr Ambo , danrque no-
mina ut mlcribantur^addai^quadjm pecuniae fu mm a , quam Pa-
triarchy folvunt) inalcat il le diem nupnarum , qua in Tenjplum
conveniunc; atque aCcenfis rhiiltislampadibus & candelis , in fe-
cunda & tertia ala in qua foient efTe femina? , primoquidem in
prima orationes multas & hymnos canunt in bponfi gratiam,
eumque privatim monent atque hortantur: eundem poftea in
■ - tertiam
J AC OB IT A ES M.
tertiam alam ducunt, atqueuna cum fponfa federe jubent, ibiqJ
le&iooes quafdam necnon Evangel ium } qued- -ad- maaimoniuiD
pertinec , folenniter recicanc : ac fi Sponfus fuerit Diaconus,
ipfemetcanit E^angelium, quodhaodecaula-pplpito impofitum
eft: in fecunda "alaidqtie Iftigtia' Coprica prius, deinde veio
Arabica ; Iftae vero le&iones delumtae funt ex libro Genefea>s,ubi
tradhfde. Abrahamo & Sara, deinde ex Paulo Apoftolo.' Evan-
gelium vero ex Divo Johanne, de Nuptiis Galileo?. Qmibus
peradlis fponfum per totam Ecclefiam du&itant folenniter,
hymnos ac Pialttios cdntitantes, & multis lampadibus & candelis
accenfis eum comitantur. Si verb Sponfus ipfe fuerit dives, ex
tormentario ptflvere multa artificiofe imitantur, &Muficis inftru-
mentis harmonice canunt, ac tantas ndnnunquam in hifce pecu-
infumunt, ut ftcpe numerus excedat tria millia coronatorum Gab
licorum. Quod ad dotem quam vocant, attinet, quae eft Matri-
moniiveluci ligamen, Maritus uxori fecundum Canones Eccle-
fiafticos dare tenetur vigintiquinque coronatos Gallicos.-M.nlci
tamen Nobiles hofce Canones non obfervant, fummum en:m
dedecus exiftimanc, tarn paucas pecunias tradere , danc illi ft-
quidem centum , quingentos, imo faepe mille coronatos. Sponfa
vero nullam dotem Marito affert:veftestamen habet ilia, & orna-
menta qua?dam,& nonnunquam domum. Ubi hare perada funt
ducuntur ambo magnified domum,ibique per multos dies J ante vi-
vunt, ac genio indulgent j & poftquam fecunda Matrimonii .nox
peradh eft,in fecretum cubiculum lecundum ufum convemt uxo>
rem maritus, ac fequenti die matutino tempore virgiriitaitis fi-
gnum oftendere debet coram omnibus, hoc eft fanguinemtillum
qui effiuxerit ex perfrada pellicula ilia qua? medicis virginitatis
ftgnum eft,& dicitur hymen , qui quidem fanguis indufium ma-
culare folet: fin minus id fiat, male audiet Sponia, Sc fi jure fuo
uti voluerit,Sponfus mittet illam rurfus ad parentes? qui cogen-
tur omnes fumtus perfolvere quos prius erogaverat fponfus.
CAP.
22 ' HIS TORI A
■
CAPUT XVI.
old.. yi*3 *:7_! t -ran ho2-r i .. -,77 2sj)I ..s*); *.iA
*De Sacramento Extreme VnUionis,
EjXtrema Un&ione fere nuoquam utuntor, ut neque Confef-
^fione Auriculari, neque Euchariftia C nullam enim habent iti
Templo queraadmodum Papicolae & Graeci, afletvatam ) dEgro-
tis tantum in extremo vita? agone verfantibus porrigitur, ac fi
adfit Ecciefia? Minifter aliquis > a?grotum hortatur uc bono fit
animo, fperet diuturniorem ac feliciorem vitam , fin minus, k
Parentibus vel propinquis confirmatur, atq; ubi e vita excelfit, in
Templum adducitur, ibique Sacerdos orationes aliquot & hymos
funeribus infervientes recitat: ac poftea vel in Ecclefia vel in
Platea fepelftur, domi deinde per quadraginta dies, infuper
unopoft fexmenfes, necnon & in fine anni defun&o parenta-
tar. Et hie eft nobilium rios : pauperes verQ ac Plebeii mortis
tempore, poft tertiam drem, item quadragefimam, fex menfes, &
annum unica die tantum mortuoparentant, ac funeris tempore
tjas fit mentio; & domi & in Ecclefia^ dum Sacerdos orationes
aliquot recitat, & Arabico odore fumificat ,ac thus fcpukhro in-
fundit. Multae pratterea dantur pauperibus Eleemo£yn«e, cele-
bratur etiara Mifla in anima? deiundti gratiam.
CAP,
JACOBITAR UM.
n
CAPUT XVII.
T>e Cultu Imaginum , <& %diqiiiis
Hanttorum.
REligiofe Divorum Imagines colunt ac venerantur ,&qui-
dem in eo omnes gentes quae fubfole vivunt antecellunc.
Habent illi (ut in cap. de forma Templi diximus ) loca peculia*
ria quaedam in qua* fuas reponunt imagines. Diebus feftis co-
ram illis accendunt candelas & lampades, & fi quando accidai
aliqnid adverfi, auc immineat periculum aliquod, ad eas protenus
concurrunt, ac fefe in terram profternentes, & pedhis pugnis
percutientes, ab illis religiofe & lacrymis multis auxilium pe-
runt, ac fefe faspe juvari ab iifdem credunt. Nullum fculprile
Kabent > quia idola efle exiftimant 5 habent tantum ligneas ima-
gines depi&as Grascorum more, necnovis, quemadmodum Papi-
colas, utuntur imaginibus , fed folum Virginis Marias, item
DoJlorum primitive Ecelefia* Georgii, Theodori, gem Many,
rum, Antonii, Marci, & Divorum Patrum, Imaginem Dei Patrit-
& Spiritus Sanfti non habent, fed Chrifli , quern una cum macro
in asdibus privatis depi&ura habent, & colunt religiofe. Atque
hadlenus de cultu imaginum.
m
urr
urr.
HISTOIRIA -
CAPUT XVIII.
+ k -- 1 ill H V S 1
T)e Monacbis, & Monacborum babi-
t adonis loco*
, iv Mi )\\At 4
MOnachi apud Jacobitas, atque. ii quos in genere. R<eli-
giofos Galli vocant, acerbius vivunt multo quama qui
apud Europaros verfantur. Obfervant fcilicet antiquum quafi
Divi Antonii ordinem & Macarii qui primi fuerunt apud illos,
atque ea loca in quibus olim habitarunt etiamnum incolunt,
nempe Thebaidam' vel Scytiam qua* funt partes iEgyptt. Ab
omnibus cibis quilibidinem excitant diligenter abftinent: toto
vitcB curriculo pane folo,& Ieguminibus quibufdam vefcuntur,
prarterquam Pafchatis tempore & Natalis Chrifti. Tunc enim
ova & pifces ft forte invenire poftint comedunt. In culcas urbes
nunquam proficifcuntur: foli e Monafterio exeunt Friores & Mi-
niftri Monafteriorum, ut ftipem cogant. Si verb aliquando ne-
celibate qua.', ut vulgo dicitur, fuprema lex eft , cogatur exire
aliquis, impetrat prius ab Abbate vel Priore veniam,qua? ipfi in
certumtempus conceditur, quod ft intra illud non redierit, dat
pcenas, & rigidam cogitur agere poenitentiam. Nofles ac dies in
exercitiis fpiritualibus & orationibus verfantur , prater laiccs
qui Mifl'a* celebrandae non inferviunt. Clerici vero qui Mo-
nafterio aliqua in re inferviunt,munere fuo debent fungi. Mo-
nachi non delicatis ac fericis,fed duris ac pauperrimis veftibus
induti incedunt. Nullus enim ex iis veftem toto vira curriculo
feie muiat, fed ft quando dilacerata vel dilrupta fuerit, panni-
culamentis operiunt: veftiuncur illi fcilicet indufio, & fupra in-
dufium roga ex lana crafliori confedta. Nudis pedibus funt
in Monafterio; in itinere calceis nonnunquam utuntur. Cucu-
lum gerunt & pileum in oils formam fabricatum. Nullum ha-
bent in capite fignum , quemadmodum Papicolat & Graci liabere
Co lent.
A
J A C U L i T A R u xVi. )
Tolent. In Eremis ubi habitant nefas eft mulieri, vel bruto femi-
nx verTari, nec vir quiTquam in Monafterio poteft tranfire ad
Monachatum. Omnes ferme fingulis hebdomadibus deftinanrur
ad opus aliquocf mechanicufn , quemadmodum ad mandanda
terra; femina, vel ad agros inarandos, vel ad niolam , vel ad Cli-
banum. Itaut nunquatn per otium terant tempus, fed Temper
vel operi vel precibus, vel aliis conficiendis vires ac nervos
adhibeant* Studiadivina funt illis, nimirum vita; Sandlorum &
libri aliquot Spirituales ad orationem pertinentes, in quibus ani-
mum fedulo debent exercere. Quadragefim-e tempore maxima
ex parte qui prove&iori funt a*tate in Eremis dies ac nofteS
qui "O9V01 verfantur. Jam agendum de Sacris Virginibus 3 quas quidam
]oafi HeligioTas v6cant,funt enimaptid Jacob'itas quemadmodum
los, iipud Papicolas & Graecos. Ill* Temper clauTa; manent in Mo-
m , t nafterils neque unquam egrediuntur, nifi cogat neceffitas quaT-
Ab dam ex lis quae pfimas partes agtint, vel principatum tenent,
oto exire, quia fortafle trtilis erit exitusj & Mortafterio conducet.
X) VeTcuntur in omnibus quemadmodum Monadhi quorum antea
m meminimus, praecer quam quod nullum habent ilia? commercium
As cum advena, ceu allophylo, nifi in Monafterio , ubi ipTar ciau-
p,'.. Oe Tunt I vel iri Refedt'orio , vel in Choro , ubi licet illis Tefe in-
iojt. vicem videre. In Monafterium nulli intromittuntUr, nifi velinc
ex;;i Anathemate feriri. Licet tamen nonnunquam Nobilibus femi-
pfiij nisvenia prius a Pacriar'cha impetrata ingredi, ut Monafterium
, J;i lnvifant j eleempTyna'm exhibeant. S'olent autero Monafte-
iesiii , ria'ifta in cultis.urbibus fabflcari, jdxtaEcclefiam aliquam,ut
laiccs ^iftanr diebtrs feftis audi're poffin't-
Mo-
JKo-
il >" S T\ n a r>
* t- JI.O
our
in-
'tit
i-
1-
e
a
2 6
H I S T O R I A
f;. uji fit) 2iii3n insjicari i
CAPUT XIX.
i ■■ . . 1 ^ ■ <;
T)e feyunio.
OUater fingulisannis folent illi jejunare. Primo Quadrat-
^gefimali tempore, a Dominica Septuagefima? ad PafcKatem
ulq-,, idqv obfervant turn Laid, turn ii quos Religiofos vocant
G illi, omnesdenique quidecimum fextum tetatis annum atti-
gerunc. Panefolo& leguminibus, atque herbis oleo olivarum
nequaquam conditis vefcuntur, ac femel duntaxat per diem,
vefpertino fcilicet tempore. Secundum Jejuni! tempus eft ad-
ventus a decima quinta die Novembris ufque ad Natalem Chrifti
qua? incidit in 25. diem Decembris. Ac tunc quidem a carnibus
& !a<fte abftinent, cum pifcibus liceat vefcj. Tertio in gratiam
Beatae Virgims jejunium celebrant ;(inchoatu'r autem vicefima
quarta die Septembris,&definit Aflumptionis tempore, hoc eft
decimoquinto menfis Augufti. Quarto ac poftremo in gratiam
Petri & Pauli Apoftolorum inchoatur jejunium prima Dominica
Pentecoftes, & ufque ad feriatum eorundem diem produftum ,
qui incidit menfe Junio, fed non eft certo conftitutum jejuni!
fpatium,fir enim fecundum Pafchatis curfum. Ethoc tempo-
re , ut & Adventu pifces coniediint, non autem dum in gratiam
Virginis Maris jejunant, quemadmodurn nec Quadragefimali
fpacio.
Caput
JACOBITARUM. 27
CAPUT XX.
T)e T eregrinationibus %eligionis ergo.
SOlenc JacobiCT Peregrinationes quafdam fufcipere religionis
ergo. Verbi Gratia multa extantloca in dEgypto ubi San do*
rum corpora & tmagines Beata? Virginis afl'ervantur, de his
fenciunt illas egregia multa miracula edere. Plerunique verb
folent circa mediam Quadragefimam Hieroiolymam proficifci,&
quia iter non eft tutum a Latronibus, ceu Arabibus, in AEgypti
Metropoli folent omnes congregari, five Jacobita? f'uerint, five
Grarci , five Europafi, Mercatores, Artifices, Peregrini,perinde
eft. Poftea in unum coeunt corpus (unam Caravanam vocant
illi ) numerus vero tantus eft Peregtinantium nonnunquam, ut
quinquagintajftepe fexaginta hominum millia excedat. Poftquam
ita in unum coadunati funt, camelos confcendunt, & fefe vim
committunt, atque ita duodecim vel quindecim dierum fpatio
Hierofolymam perveniunt. Sed antequam illuc pervenerunt,
primo Gazam urbem ingrediuntur , deinde Cateam , inde Ravi-
lay,in tribus hifce lociscmnes vedigal Turcm pendere coguntur,
odo Coronatos Gallicos qui funt fubdrti, duplum dant reliqui,
nimirum fexdecim cum Hierofolymam perveneruntirurfus qua-
tuor coronati dandi funt a fubditis k ceteris odo , atque in hoipi-
tio quodam commorantur dum Hierofolymis degunt, & per
fandam feptimanam integram loca facra invifunt. Die verb Sab-
bati congregantur oranes in Templo Sepulchri, ibique Mifiam
audiunt quam omnes Fontifices qui adfunt, feparatim in vari s
mdiculis celebrant. In aedicula Sepulchri folus Jacobicarum Pa-
triarcha fi adfit, fin minus ipfius Vicarius cumaliquibus Eccle-
fiafticis Abyffinis( fuper quos,ut aiunt, lux e Sepulchro San do
egreditur ) hora confecrationis miflam celebrat. Cuftodes vero
Turcm candelas & Lampades omnes in Templo die ilia accenfas
D 3 extinguunt
2$ H I S T O R i n
extinguunt qua* poftea a Luce divina quae egreditur e Sepulchro
acceuduntur. Sed hac figmentum efle multiarbitramur ., &re-
vera figmentum eft. Potuit ( ucmulti teftantur)hoc tuifte anti-
quitus, cum rari eft'ent illi qui Chriftianam reftgionem profice-
lentur. Nunc veto cum fides per totum terr'artim orbem diffuia
expandatur, hifce miraculis opus non habemus: fed tamen ut bene
fenciant Turcae de Religione Chriftiana, Teehnis iftiufinodi,
quae tamen nihil invehantmali pietati Chriftiana; credulis fim-
plicium animis folent llludere jfingentes luce quadam qua; ex
Sepulchro emicuerit accenfas lampades, cum it lampademoSe-
pukhro fufpenfam accendant, atque ex eadem minifter ceteras
accendat, cum antea extinda? fuiflent. Et hoc quidem fit h. Jaco-
bitis, five E,thiopibus, quia illi foli, ut antea diximus, in
Sepulchri a?dicuh Miflam celebrant. Europaei multi hoc ere-
dunt, Grxcis & Chaldafisin hoc negotio imponere
Ubi prima dies Pafchatis prreteriit loca Sanda qua; funt extra
Hierofolymam invifunt, utpote Bethlehem, Jordanum fluviurr,
& Paffionis reliqua loca , idque fit per totam Bafchatis hebao-
madem , quibus peradis redeunt omnes in Patriam. Sed habent
etiam loca peculiaria quadam in iEgypto ad qua; fe religionis
ergo conferunt, prarcipue verb Virginis Maria; Templum lolenc
adire. Exiftimant enim , odava die Septembris , quae eft Vir*
ginis Natalis, Beatam Virginem una cum quibufdam fandis
phantafticoquodam modo incircuitu Sanduani apparere. Iftud
ut videant rnulti in Templum concurrunt.
Habent & loca alia Sandis dicata variismtpote Divo Georgio,
D. Antonio,& aiiis, & quoniam multa dicuntur edereimiracula,
pleriqueeoconcur;unt religionis ergo, & animalia Tecum addu-
cunt, in fandi ipfius gratiam , eaque imffiolant, cumque eadem
in Templum coxerint , in eodem comedunt.
CAP.
J JO
JAGOSITARUM.
-s&+j
i <r> »->
>D yj lT?£3l33fIiil
■ 'j i r * n.v;
TT
_ ■ V.' 1 >3 fTjUIOj
imnubiaq
2 9
Try
i. llivl
iti fwia eonnnu A
2)r viiirtT rat'wne Vttfatfr
CUm infenfiflimus fit calor quo appetitus languefcit, ac fi-
tibundi ip hepa-tfrfpiritus ad potum exdciluntur, refafqiiinc
& reficiunc corpora rilmioaEftu'langQentia Derienclotrbi aurpo-
tus frigidi, ceu alimentorum frigidorum fuffedtione, quibus abun-
dac regio: & licet fingulis fere diebus bouin fex, ovium duode-
cim milha ma&entur, malunt tamen maxima ex parte lacfte } het-
bis & aliis vefci. Bis tanrum aut ter per hebdomadem carries co-
medunt Laici. Reliquis diebuj vel pifcibus vel lafte , vel her bis
vcfcuntur ^ diebus verb Mercurii, & Veneris prater pifces, 3c
herbas nihil comedunt. Comedendi modus hie eft.
Duplicatis fub fe genibus terra infident, circa menfam coram
illis extenfam. Ecdefiafticus fi quisadfit, acc'epto pane , & in
fruftula manibus,cultro enim nefas eft, divifo, fingulis poftquam
menfie benedixit fnjftulum porrigit, quo accepto iefe omnes ad
comedendum accingunt.
urn ii
133 n
j j"i
CAPUT XXII.
De Educatione Liberorum & Scholis publicis.
INftituuntur apud Jacobitas Liberi in Scholis Publicis, in qui-
bus Sacras literas & honeftos Mores addifcunt; non funt enim
fcientiarum ftudia■, difcunt tantum legere,&fcriberetum Arabi-
ce, turn Coptice. Solent praeterea puetuli in iftis Scholis Pfalte-
xium totum, & Pauli Apoftoli Epiftolas memorise mandare.
D 3 pleriqs
3 o ' HISTORIA
Plerique Arithmeticam& Geometriam addifcunt, funt enim ha»
duararresiisapprrme utiles-., & neceflariae propter inundationem
Nili : perduntur enim agrorum termini, & metiri terram oportet,
& annuos proventus harum artium beneficio numerare.
CAPUT XXIII.
« * r . . • - f ■*.
•* J " • ' Cmi. JE CJp iG .3 " . £ U ITi 11; i Si J-.if f_ , 7
*De Exercltio jsCobilium, Ekbeiorum.
■ c.jn?iijo £!3n3wga£i D?ltE oirnni £~ o ' jio ') mui jii'ji >3
-ifuo »i;u:cp,muioi p. dm 11103x131x1.1. U30«ibijji 1
NObiles maxima ex parte Principibus Turcis folent efifea
SecretiSjCancellariijQuiftores, munerum regalium Procu-
ra'tores, ve&igalium ac decimarum Oeconomi, &c. Ita uttotum
Turca* Thefaurum, quem ab ilia regione evehie, habeant pr£
manibus. Solent alii effe'Arithmetici, alii Geometrae, quo
terram metiri polfintj & pecuniarfr quxex figypto eaucitur nu-
merare. Plebeii veib vel funt opifices vel fervi. Opifices omnes
artes exercent, vel enim funt Aurifabri 5 vel Gemmarii, vel Su-
tores t vel Fabri, vel Sartores, vel Casmentarii, vel Scu'iptores,
vel Architedli,&c. Servi verb tarn Turcis,quam Chrillianis,
& Hebrais inferviunt. Et haec de Jacobitis ha&enus 5 quae qui-
dem etfi inelegamiora videbuntur, dabis veniam , & ad majora
animum accendes , hifce interea fruere. -
FINIS.
^ . v-4 W V
ACCOUNT
OF THE
NATURE and EXTE NT
o f t h e
DIVINE DOMINION & GOODNESSE,
J
Ffpecially as they refer to the
ORIGENIAN HYPOTHESIS
Concerning the
Preexiftence of Souls,
together
With a fpecial Account of the vanity and ground-
lefnefs of the Hypothefis it felf.
Being a fecond Letter Written to his much Ho-
noured Friend and Kinfman Mr. Natb, Bisbie.
B ySAM. <PJFKE7{ A.M.C.T.
And Fellow of the Royal Society.
OXFORD,
Printed by W, Hall for Davis. 1666,
tiiiiiiiii in in mmmmum
Imprimatur,
7{ o^bertus s a r,
VICE-CANCELLARIUS
o x 6
do I
•IMHMHMMM Jt64MMMMMMH»
spg# rf^p^rpf t$2s^s^;$#sp$
siS $&$gpg3$g¥$ I
SIX,
P ; §§f #f ttf f t§ Have now fatisfied and perhaps
> <* l $<$>*<$•&€&» / ■ ., ^ c r r r
J ur P rtz *d you too ; for I que-
? «s . SiH§ r i^t ^ w# »<?f hut the] e Papers
*i*$Jj§ ivzV/ more prevent then anfwer
your expectations : For when
^^ remitted me to my own lea-
ttftttit** f ure t0 f am p e demands
m ' true import of a Friends dejires) I confdent you
believed 1 would as well ufe as acknowledge your Fa-
Vour 'yjind 1 really thought my next to you Jhould have
been a Letter of thanky for your forbearance } and not a
fnal difcharge of my Obligations, But being foortly to
hid adieu to my Retirements here, and fearing Ijhall no
where elf e enjoy fo much Privacie and Leafure - 0 1 could
not fatisfie my J elf till I had gratified your expectations,
and put my felfe paji all hazard of difobeywg your
Commands. For methinky (Sir) nothing emcerns me
A i fo
~ —
C ]
fo much as thofe defines that afpire to ferVe my
dearejl But my Bufnef r is not to complement ^nd
1 fore fee how exceedingly I Jhall be fraightned in time y
and therefore I mujl without the Ceremony oj any farther.
Preface immediately apply my felftothe Jertousdif-
charge of my Taske 3 which 1 jhall (following the me-
thodyour injunctions have prefcribed me ) perform in
three parts (i.) By giving you an account of the true
feature and Extent of Gods Dominion. (2.) By laying
down a right Notion of his Goodnefs. ( 3.) By proving
the Groundlefnefs and Vanity of the Origenian Hy-
pothefs concerning the IBreexifence of Souls. Of each
in their order.
O £
OF THE
> " -
NATURE and EXTENT
• • V
O F
Gods Dominion.
Y Gods Dominion,, I mean that
Sovereigne Right ai d Authority
refiding in Him in reference to his
Creatures, or that Power and
Prerogative which he has to dif-
pofe of them according to his
own good-will and pleafure^ and
this is indifferently expreffed by thefe three terms
of Jus 3 TotejlaSj and Dominium: The minute and
precife differences whereof feems to lye herein:
that Jus nakedly fignifies a right or freedom to a
B whereas
—"
I •' r HP
2 Of the J^aiure and Extent
whereas the two latter imply, together with this,
a power or ftrength of acting ; And then that
Power, which God hath in himfelf antecedently
to the Exigence of any Created Being, is in rigid-
nefs and propriety of fpeech call'd Poteftas ; but
that which he has and exercifes fince the Creation,
Dominium. " But not to infift upon fuch Niceties,
they all promifcuoufly import Dominion and So-
vereignty. Of which many definitions have been
attempted, but none of them feem to me more ac-
curate and comprehenfive then Mr. Hobs' s, when
De Cive. he defines it to be Libertas yrofriis facultati-
!.i.e.i, y us jecundum retham rationem utendi.
Though what Exercifes of Power are confident
with rightReafon, and whatnot, I fhall difcourfe
anon. But if you fancy fhort definitions, 'tis the
lawful ufeof Power, and fo implies two things,
firft it fuppofes a power or ftrength to ACt, and
then it imports the legitimate exterit and ufe of it.
Now as for the Extent of this Power, 'tis Infinite
and llnconfined, as well as all the reft of the Di-
vine Perfections, and therefore it warrants God
to do any thing that will comply with the Repu-
tation of his other Attributes. Whence 'tis that
the Beings and Subfiftencies of all things are en-
tirely at his difpofal: It was at his choice, whe-
ther he would ever or never create any thing; and it
is ftili in his Power either to continue the frame of
things
Of Gods Dominion] 3
things in the fame (face they are in, or to ere& a
new one., and that better or worfe then the prefect,
and any thing elfe, that is not inconfiifent with the
perfection of his Nature and Attributes. But for
a fuller Evidence hereof, it is neceffary to obferve
that there is a twofold acceptation of Rights either
more loofe, when it fignifies a Licenfe & Freedom
to do any thing; or more retrained., when it figni-
fies an Obligation to do any thing: The difference
between them is this, that the former fignifies
Liberty, and the latter Duty; that is extended to
any thing that is not unlawful, this only extends
to things due, and requir'd by Juftice and Equity;
For inftance, there is a Right to demand Debts,
and a Right to pay them, the former may be done,
becaufe no equity forbids it, but the latter muff be
done becaufe Juftice requires it. Upon this ac-
count (to give you this Notion by the way) every
man is bound to make good his Promifes, though
not his Threatnings and Punifhments, becaufe pro-
mifes make us Debtors, but in reference to threat-
ned Penalties we are Creditors, for the Offendor
owes the punifhment to the perfon Offended : But
though every man be bound to pay his Debts, yet
he is not bound to demand them, for he has a Right
to Relax as well as Challenge his due: The Re-
wards therefore confequent upon promifes, being
Debts due from me, I am bound by the full fort
B 2 of
4 Of the Vfature and Extent
of Right to pay them, but the Penalties confequent
uponThreatnings, being Debts owirg to me, lam
permitted by the fecond fort of Right, either to
demand or remit them.
And thus there is a twofold Right in God, the
one whereof referres to his Sovereignty, which is
nothing but an abfolute Liberty to adt or not to adt,
as Himfelf fhall fee caufe; the other to his Juftice
and Holinefs, whereby God is obliged to adt fuit-
ably to the Eftential Rules of Juftice and Equity.
For the Divinejuftice is exerciled only about things
Good and Juft, but his Dominion about all things
that are not Evil or Unjuft; things therefore be-
ing the Objedts of Gods Dominion, not becaufe
they are Juft, but becaufe they are not Unjuft, it
is extended to every thing that is not contrary to
Juftice, i. e. to every thing that is not Evil. But
I fhall wave all general confiderations, and onely
confider the Extent of the Divine Prerogative in
reference to Mankind, not onely becaufe 'tis moft
pertinent to our prefent defigne, but alfo becaufe
what I fhall difcourfe concerning the Extent and
Latitude of Gods Power over Men, may by Ana-
logy of Reafon, be applied to all other Creatures
endued with Senfe and Perception : Now, in
Trearing of this matter propofed, I fhall onely
confider,
i.. What
Of Gods Dominion.
1. What God can do.
2. What he can not do,
I st
i ~ Firfl, Then God has Power to take back
from us all or part of what he has given us, i. e. He
can either utterly deflroy our Beings, or take from
us fo many Comforts of life, and inflidt upon us
fo many Calamities, as Avail leave us in a condition
only preferable to that of Non-Exiftence; for all
that we have to render our conditions more valu-
able then not Being, is the free Product of the Di-
vine Power; But 'tis a certain and undoubted truth
that every Superiour Authority has Power to Re-
voke all the free Iffues of its own Power., urlefs it
have abridg'd it felfe from the Exercife thereof by
fome fpecial compadt or promife: For comp a A
and promife lay an obligation upon him that makes
itj and veils a Right in the Perfon to whom 'tis
made • and therefore where Benefits are bellowed
without thefe Infiruments of conveighir.g Rights
there the Donor has the fame Right to withdraw,
as he had to give them ; and therefore that God,
who has given us our Beings, has full Power arbi*
trarioufiy to deflroy them.
But here it will be Objected, that deflroying
the life of a guiltlefs perfon, is jullly accounted the
mold falvage and unmerciful piece of Injullice in
the World 5 that 'tis almofl the only Inflance,
which
A
6 Cfi the O^ature and Extent
which carries in it an undeniable Iniquity ante-
cedene to all Humane Lawes and Sanctions. So
that when Mr. Hobs afferts that in the State of
Nature, there could be no Injuries and Vio-
lences A£ted amongtl Men, becaufe they could
not have a Right of Propriety in any thing, be-
fore they had by mutual Compacts apportion'd
each mans (hare, if he had limited his aflerti-
on to poffeilions of Lands, and ail other Pro-
prieties Forreigne to a mans own perfon, it had
been equally true and blamelefle ; for Nature
doth not aflign this Moiety to Titius , and that
to Cuius 3 but leaves us to fhare the Earth a-
mong our felves, and to Enclofe what (he had
left in Common, into particular proprieties, as
we fhall agree among our felves. But when
he extends the forementioned affertion to the per-
fons of Men, his Errour is as palpable as 'tis
mifcheivous, becaule every man has a right and
propriety in himfelfe Antecedently to all Law
and Compact. There needs no Covenant to
appoint that I fhall have a propriety in my own
perfon ; nay, 'tis as impoflible it friould be o-
therwife, as that I fhould alienate my felf from
my felfe • and all the grants of all the men in the
world cannot Veil me in a greater propriety to
my felfe then Nature has, becaufe they cannot
make me to be more my felfe then I already
am - 3
Of Gods Dominion, *j
am ; fo that though I were in Mr. Hobs' s Na-
tural State of Warre; if he or any other man
fhould take away my life, without juft caufe, he
would,do me at leaft as evident an Injury, as
if he fhould now., either by Fraud or Violence,
thrufl: me from mine Inheritance, to which I
have an unquestionable Right, both by his own
confent, and the Laws of that Civil Society, of
which we are Members, becaufe he will Rob
me of that, in which I have as clear a Right
and Propriety, as 'tis poffible for me to have
in any thing that depends upon Pa£t or Cove-
rant. Well then, it being thus Evident that
Co take away the Life of an Innocent perfon,
is among men a mod Enormous and Inhumane
piece of InjuStice, and that antecedently to all
politive Sanctions and Contracts, why fhould
it not be fo in reference to God, the Rules of
Equity being the fame to all, Eternal, Unalte-
rable, and abftrad: from all Perfons, States and
Relations ?
To which I anfwer, that notwithstanding there
are the fame general Rules, and Principles of Ju-
ftice in reference to God, as to Men, that yet the
particular Inftances are not the fame* becaufe
Gods Relation to the Creatures being infinitely
different from that, which they bear to each other,
the particular Adions and Displays of his JuSlice,
though
<S Of the 7{ature and Extent
though meafured by the fame Rule, mull needs
be of a widely different Nature, not becaufe the
Meafure is changeable, but becaufe the relation of
the Perfons fuffers variety and alteration : For
God being the Supream Sovereign and Caufe of
all, has upon that Account power to deprive any a
or all of his Creatures of what Perfections and En-
dowments he pleafes, whereas the Creatures not
having any natural Dominion over one another,
they cannot take away from their fellow creatures
any thing which God has given them, without ma-
nifeft Robbery, unlefs in fuch cafes where the Su-
pream Lord has been pleafed to communicate any
part of his Power and Dominion. And fo in hi?-
mane Societies, though there are the fame Lawes
of Judice in reference to all men, yet there are
not alwayes the fame Indances; for though it be
granted that every man has by right of Nature a
power of punifhing any one that injures him, yet
having entered into Societies, either by Gods In-
flitution, or their own confent, or both, the exer-
cife of this power is devolved upon fome peculiar
perfons whom we call Magidrates, in whole hands
every man has for the common good, depofited
his Authoritative Rights; its upon that account
juft and lawful for the Magidrate to punifh and
take away Delinquents, but^unjud for the private
perfon to do the fame, for that were to Ufurp that-
Autho
Of Gods Dominion. <9
Authority, which I have granted away to them
(unlefs in cafes of xiecelTityi as when I am afiaul-
ted by another, and have 110 other way to preferve
my own Life, then by .deftroying my Aflailants,
there the Common-wealth is prefumed' to allow
me toexercife my natural right my felf) but where
no fuch neceffity urges, there the Governours of
the Society, in which I am, and to whom I have
paffed away the Exercifes of my Original Right,
are to Execute Jullice for me: fo that private per-
fons, not having power to punifh Criminals, as Ma-
gillrates have, that adtion would be judged Mur-
der in thofe, which is accounted Juftice in thefe a
notwithstanding that they are both fubjedt to the
fame common Rules and Maximes of Equity.
Duo cum idem faciunt f epe 3 ut pojfs dicere
Hoc licet impune facere huic 3 illi non licet ;
Jfon quod dijfmihs res efl 3 fed is qui facit.
And thus there being fo manifeft a difproportion be-
tween God and Men, in reference to their propri-
cty in, and dominion over the life of man; God
may have a right to adt that, which no Creature
can do without the grolfeft and mod exorbitant
Injuftice : for feeing that propriety, which every
Man has in himfelf, is held from the free gift of our
Supream Lord, and that not confined by any Pro-
mife or Covenant, he may cancel and reverfe it
C when
1° Of the V^ature and Ex tent
when he pleafes, only by taking back what he has
given. And if we could (land in the fame relation
tOjOr dependance on any creature,as we do to Himj
that creature would have as great a right to devefi;
us of the propriety we have in our own Effences, as
Godhimfelfhas • but becaufe the former canne-
ver be fuppofed, that's the reafon the latter can
never happen.
2. This Power and Dominion, which God has
over an Innocent perfons life, and all its appendant
priviledges, may be exercifed by occafion of ano-
ther mans {in., for what God has a power to do
abfolutely, he may certainly do upon any occafi-
on, for this is only tomakeufeof the Intlances of
his Dominion, to ferve other defigns of his Provi-
Exod. 20. dence. Thus God threatens to Vifit the
ver. 5. Iniquity of the Fathers upon the Children, unto
the third and fourth Generation 1 i. e. to punifh the
Impieties of wicked Parents, by bringing their Po-
flerity into thofe evil Circumftances, into which
he might have brought them by vertue of his Su-
pream Dominion, though not onely themfelves,
but their Progenitors had been faultlefs. The Po-
fterity of Cham was confign'd to fiavery for their
Fathers Impiety. Seventy thoufand men expia-
ted Davids folly 5 and Sauls fons were hanged for
their Fathers perfidioufnefs; and the finne of Jhab
was vifited upon his Children^ Scripture fupplies
us
Of Gods Dominion. I I
us with infinite more inftances, where God makes
ufe of the Sons infelicity to punifh the Fathers fin,
in which cafes God onely makes his Sovereignty
miniiler to the defigns of Juftice, and if it be law-
ful, as I have proved it is, for God to exercife his
Supream Dominion abfolutely ? furely it cannot be
unlawful to do it with refpefl toother ends of Pro-
vidence. And fuch was the Origine of all the com-
mon miferies of mankind: God created man at
firft in a more perfect and happy (late, but upon
occafion of J dams prevarication, he devefted all
mankind of a great part of thofe priviledges and
perfections, with which he had endued humane
nature5 And all this God might have done,though
J dam had never finned, and therefore 'tis no Inju-
ftice that God has made his Pofterity the Heirs of
his misfortunes. The conflitution of J dams bo-
dy was probably fo regular and harmonious, that
it had no natural propenfions contrary to thofe of
his mind, but was entirely fubjeCt to all the Di-
Ctates of his underftanding, his Organs clear and
well-difpofed, his Spirits brisk and aCtive, his Hu-
mours fpirituous and oylie ; the ferments of his
body regular and fteady in their motions, and not
infeCted with thofe malignant tinCtures,that hurry
us into all manner of exorbitant paflions and ap-
petites. The Earth was fruitful, and of its own
accord, brought forth all forts of wholefome and
C 2 pleafant
12 Of the Nature and Extent
pleafant Bruits: Man was furrounded with plea-
lures and delights, and had nothing elfe to do but
to take his eale and enjoy them. But when Adam
fell, God disrob'd him of mod of thofe great and
happy Priviledges, and cad him into a condition
of life uneafie and troublefcme. Now our bodies
are unaxdive, fickly, and indifpofed, and indead of
being Indruments to the actings of the mind, are
the greated lets and hindrances; Paradice is tur-
ned into a Wildemefs, the Earth is barren and ac-
curfed, and man mud earn his bread by the fweat
of his brows, and this has ever fmce been the con-
dition of Mankind : And though this be a fad do-
ry, yet after all thefe lolles, our condition is dill
competently, or rather extreamly happy, for be-
fides that, if we will but be confiderate, and live
bytheufe of our rational faculties, we may enjoy
contentment enough in this world, to render our
lives pleafant and comfortable- God has prepared
for us mod exquifite and ravifhing delights in the
next, only if we will forbear to perfueour Buitifh
Appetites, from which he hath afrighted us by
the fearfuled threatnings, and refolve to follow
the dictates of Reafon and Sobriety, to which we
are encouraged by the bigged Rewards and Pro-
mifes , fo that notwithdanding all the prefent
weakneffes and imperfections of our natures, a man
mud be prodigiouily abfurd and fottifh to make
him-
Of Gods 'Dominion. i j
himfelf miferable. And if men will choofe to be
wicked and miferable, againftall the Principles of
Reafon and Intereft, they have no Reafon to blame
the Condition of their Natures for that, which
proceeds purely from the choice of their Wills. So
that though God has punifhed the Prevarication
of ddam, by the evil Condition of all his pofterity,
yet he has done nothing unjuft, becanfe he might
have placed us all in the fame Condition, though
neither Mum nor our felves had prevaricated his
Sanctions.
And this is no more then what is in fome in-
fiance or other pra£tifed in all Common-wealths.
As in England every man holding his Eflate of the
King, and the right of all Tenures being derived
from his Grant with certain Conditions, if any of
the Grants fail in the performance of the Conditi-
onson their part, the Grantor may juftly dilleize
both them and their Heirs of their Eftates. Thus if
any Perfon be convicted of Treafon againft the
Crown, he is thereupon attainted, and not only his
Eflate efceats to the King as fupream Lord, but
his Blood too is corrupted, fo that his Pofterity
are not capable of Inheritance^ as deriving no in-
heritable blood, and confequently no Right from
him. In which cafe he that fhouid have been next
Heir cannot juftly think himfelf injured by being
deprived of his Inheritance 5 although himfelf had
not
14 Of the Jfature and Extent
not by any mifdemeanor forfeited it, yet he having
no right to it, but what was derived from his An-
ce{lors,and that being rescinded by breach of thofe
Conditions, upon which it was fufpended, he can
with no more equity claim a right in the Fee, then
he could though his Anceftors had never been ve-
fled in it. And thus that Entail of Priviledges,
which God, of his free goodnefs, had fettled upon
jidam and his Heirs for ever, upon Condition of
their Obedience to his Laws, was by the difobe-
dience of Adam cut off from himfelf and all his Po-
flerity.
3. The Rights of Gods Dominion overfinlefs
Creatures, do not extend fo far as to warrant his
dooming them to a condition more wretched and
forlorn then Non-exiflence. That he has power to re-
duce them into a (Late not worfe then Not-being
is already proved, but farther he cannot go with-*
out tranfgreiTmgall the lines of Goodnefs and E-
quity, becaufe if he fhould, he would rob his
Creatures of more then he had ever given them ;
And if this would not be an injurious Cruelty, I
mud challenge all the world to tell me what would.
This Affertion is level'd againfl thofe men,
who are fo hardy as to fay that God might,
to fhew the uncontrolablenefs of his Sovereign-
ty, have decreed infinite myriads of faultlefs
Creatures to endlefs and infupportable Torments.
Of Gods Dominion. %*
That everfuch Thoughts could enter into the
minds of men! For what can we imagine more
repugnant to all the notions of goodnefs and equity
thereto be the deliberate and fole Author of the
biggetl mifery to an innocent and harmlefsPerfon ?
What more Heavenly wide from the nature of
true goodnefs ? Tis a malice fo near and abftra-
£ted,that it can refideno where but in the Breads
of Fiends and Devils; nay 'tis the blacked; Part of
their natures, and that very ingredient which
makes them what they are. Befides, how can God
be glorified in the eternal miferiesof guiltlefs Crea-
tures ? How can their deferved damnation be con-
ducive to his Interefts ? How can their unmerited
torments gratifie infinite goodnefs, or add to infinite
happinefs ? Could he promote his own RealFe-
licitybythe Infelicities of an innocent Creature,
yet we cannot imagine him fo felfifh fpirited as to
effect it, much lefs for the meer oftentation of his
greatnefs. If God can damn his Creatures to mag-
nifie the abfolutenels of his Dominion, why do we
raile at Tyrants and Devils , when they upon the
fame account take pleafures in the miferies of o-
thers ? God is fuppofed to delight in the advance-
ment of his own glory, but can we fuppofe him to
delight in the eternal miferies of Innocents Z Was
there ever any Tyrant fofalvage, as to pleafe him-
felf in the endlefs and mod exquifite Tortures
of
16 Of the JQiture and Bxtent
of an harmlefs Infant ? Tis the propertie of De-
vils, (whole malice is boiled up to an infinite ran-
cour and crueltie) to make anothers torment their
pleafure, and do mifcheif for mifcheifs fake And
{hall we fallen that upon God., which is the De-
vils Reproach ? Shall he contrive Mifcheif, feed
and recreate upon Mifery, and glut his Venge-
ance with Innocent blood ? Shall he that delights
not in the Death of Sinners, feek Pleafure and
Glory in the Eternal Miferies of Innocents ? This
is the very top and extremity of Cruelty; fo that
were it thus, we mud add Cruelty to the Divine
Attributes, and believe him as Infinite in that, as
in any other.
Befides all this 3 meer Exiflence without Per-
cepcion carries in it no moreGoodnefs or Happinefs
then Non-exiflence 3 and is only defireable before
it in reference to thofe Perceptive Capacities,
which are founded in ic: Tis all one not to be,
and to be in a Gate of fenfelefs inactivity • take
away Perception, and 'tis indifferent whether the
fubftance remain or utterly perifh ; as fuppofe the
Poets Metamorphofis had been as great Realities
as they were FiCtions, it had been indifferent to the
Perfons that fuffered them 3 whether they were
chang'dinto Trees, Stones and Flowers, or into
nothing, and it would have been the fame thing to
Niobe whether fhe were petrified or annihilated.
Upon
Of Gods 'Dominion. 17
Upon this account arofe that ancient Difpute,
Whether never to have been born had not been bet-
ter then to be l For they conlidering only the prefent
Stage of affairs, where thefe meafures of good and
evil feem to be difpenfed in equal proportions,
were doubtful which way to determine; but thofe
of them who thought the world to be more reple-
nifh'd with ungrateful and difpleafmg objedts then
the contrary 3 preferred J\ T on-exigence; the chief
alfertors whereof were fome of the melancholy Phi-
lofophers, fuch as Herachtus and Empedocles , to-
gether with the Tragedians, who in thePerfons of
• ' 1 • r 1 0
forlorn and milerable men are full of little fentences
and difcourfes to this purpofe, and this opinion was
fo ancient, ut Author <&* Initiumilhus ^
prorfus ignoretur , as Gajfendus afTerts. • • l -
But they, who with more truth, counted the world
was fuller of pleasures then miferies, did with
more fatisfadtion efteem their exigence a privi-
ledge, fo that they preferred not, exigence before
non-exijience upon its own fcore, but upon the ac-
count of thofe pleafant perceptions which were
founded in it. Well then, it being evident that
exigence is good or evil in order to the perceptions
that are founded in it, where 'tis thebafis of nothing
but tormenting Perception, and where the con-
tinuence of life is nothing elfe but the continuance
of mifery, there 'tis the greateif, becaufe 'tis the
D fountain
18 Of the Ofatuve and Bxtent
fountain, of all miferies. So that if God can ere-
ate a Being only to make it miferable, and condemn
it to the Regions of fadnefs and eternal darknefs,
his creation would be fo far from being any kind of
benefit, that it would be the greateff ill-turn or in-
jury he could poffibly aft. Nay, this Bill raifes the
Crueltie, in that rather then want an object for it,
he would make one, and fet infinite power on
work only to exercife an infinite crueltie, and ma-
nifefl himfelf as abfolute in Tyranny, as he is al-
mighty in Power. From all this I fuppofe 'tisun-
questionably evident, that for God to Create an
innocent Creature to make it everlaftingly mile-
rable would be the highest aft of crueltie imagi-
liable.
It was long fince obferved, that there was never
any opinion fo abfur'd,which was not maintain'd by
fome of the ancient Philofophers , but yet there
are not to be found among them any fuch hateful
fentiments concerning Gods tranfaftions with his
Creatures, as this I am difcourfing againft, which
carries in it fuch apparent contradiftions to the
Divine Attributes , that it could never have
found entrance into the minds of men, had they
not thought it was fuggefted to them by Revela-
tion: for the only thing that is pleaded on its behalf
is the grofsly miftaken ninth Chapter of the Epi-
(lie to the Romans, which they apply to Gods
eternal
Of Gods Dominion. i ^
eternal Decrees,although nothing can be moreap-
parent then that it treats of a quite different matter;
For Saint Paul having difcourfed of the univerfal
Apoftacyaof both Jews and Gentiles,from the pra-
Ctife of true goodnefs; and of Gods merciful de-
fignments to pardon and receive them all into fa-
voufj fo they would be content to obtain it that
way, which he had made known to the world by
Jefus ChriiVand not by the works of the Mofaicf
Law ; and alio that many of the Gentiles had ac-
cepted of the conditions propofed to them in the Gof-
pel, and therefore that if the Jews fhould perfevere
in their obflinate adherence to the Mofaick difpen*
fation, God would caft them off, and take in the
Gentiles for his favourites: Saint Paul having,I fay,
difcourfed of thefe things in the fore-going Chap-
ters, he here fuppofes this would feem very If range
and abfurd to his Country-men that God fhould
cafheire his peculiar darling Nation, upon whom
he had bellowed fo many lignal priviledges; To
whom peruineth the adoption, and the Glory, and the
Covenants, &c. To which he anfwers that the fu-
pream Sovereign was not tyed to any peculiar Na-
tion, but that he could adopt whom he pleafed to
be his favourites, and that though the Jews had
been bled with greater advantages then the Gen-
tiles, yetnotwithilariding God might difcard them,
and take in thefe • as he had made the Ifraelites his
D 2 ceculiar
z o Of the INfature and Extent
peculiar People rather then the Edomites 3 not-
withftanding they were of the younger Family 3 8tc.
And that this is the genuine fcope of Saint Pauls
difcourfe is unejteeptionably evident from its con-
clufion^rjfe 30 3 si 3 32. What fhall we fay then ?
that the Gentiles which followed not after Righteouf-
nefsphaVe attained to the Rnjhteouj nef s which is off aith:
But ljrael, which followed after the Law of Rifhteouf -
nefsj hath not attained to the Law of Rifhteoufnef s.
Wherefore ? hecaufe theyfowjht it not by faith, but as
it were by the worfs of the Law. Now what can be
more clear 3 then that he (peaks of the rejecting of
the Jews 3 becaufe of their obftinate adherence to
the Mofaick Lavv 3 and of the calling of the Gen-
tiles becaufe of their Faith and clofing with the
Gofpel. But if you would fee this improved to the
ftrength and evidence of a Demonftration 3 you need
only beat the pains to read over Epifcopius his Pa-
raphrafe upon the Chapter.
Before I conclude 3 I will endeavour a little more
fully to illuflrate and confirm my fore-going Pro-
pofitions by a brief Arbitration of a late fiercely
argued difpute 3 viz,. What is the
Epi fcope us., Cur- Yrue Ground of Gods Sovereignty
' c * over man. For foir.e affert that
it Bottoms upon the Benefit of Creation ;
thereby the better to Controule that horrid Opi-
nion 3 that affertSj God might have made a Crea-
true
Of Gods Dominion. zi
ture to no other purpofe, than to make it Eternal-
1 y miferable, only to fhew the Almightinefs of his
Sovereignty; for (fay they) God cannot exercife
more Sovereignty over his Creatures, then he has,
but he cannot have Right to more then he has
given., and therefore the utmoft of his Right is
to delFroy what he has made; but if he fhould
affli£t an Innocent creature with Eternal pu-
nifhments, he would go beyond the Right he
has acquired by its Creation; becaufe he would
thereby take away more then he has given, and
place his Creature in a worfe Condition then
that of Non-Exiftence , in which he found it.
[Now becaufe the benefits be flowed by God upon
his Creatures are finite., they infer that his Sove-
reignty refulting from them mufi be finite and It-
mited, and therefore that they have a Right, of
which God cannot Rob them without Violence
• and Injury. But others ground the Di- Calvin, and
, vine Dominion upon the irreblFiblenefs Mr - Hobs -
of his Power, thereby to juftifie that Right ( or
Tyranny) they have faflned upon Him, arbitrari-
.puOy-to Reprobate and Damne his Irnococert
Creatures. For, fay they, Power Irrefiliible ju-
Eifies all actions really and properly, in whomfo-
ever it be found, and therefore fuch Power bein?
• «
in God only, it without other helps, is fufficient
ion of any action He doth • fo that if He
had
Juftificat
22 Of the Tfature and Extent
had from all Eternity confign'd infinite Myriads of
innocent Creatures to Eternal flames, the uncon-
trouleablenefs of His Omnipotence would have
' made good the Equity of fuch a mercilefs Decree.
And therefore they refolve the Maxime, that-God
cannot Sin, not into his Holinefs,but Power- His
very doing a thing never fo Injurious and Irregular,
and that antecedently to all Law, making it jufig
and confequently no fin.
But for my part, I think both of them are evi-
dently miftaken, the former in their Principles, and
thejatter in their Conclufions. To the firfl: there-
fore I reply, that it is apparent that the Divine
Right and Dominion over the Creatures,could not
be founded upon the Benefits of Creation,but upon
the abfolute nnlimitednefs of his Power, becaufe
God was from all Eternity unveiled with a Power
of doing any thing that was not misbecoming his
Divine Perfections, and therefore He acquired not
any new Right from his Creation, but only made
ObjeCts to exercife his Eternal right upon • I con-
fefs there is a Power acquired by benefits, where
there is none antecedently, becaufe t 1 oey bellow an
v&ox* or Preheminence upon him that gives above
him that receives them; but God being alwayes
infinitely PerfeCt, could not acquire any new Ex-
cellence from the Worlds Creation, and therefore
the collation of Benefits cannot beget any new
Power,
Of Gods Dominion,. 23
Power in Him 3 becaufe the Power which He had
)r '' antecedently to all his Benefits., was not capable of
[ve being made greater 3 for He alwayes had a Power
ee . to ACt any thing that Jay within the bounds of juit
c: > and lawful 3 but his Power fince the Creation is
His not more then fo, and therefore he acquired no new
ar > Prerogative by it. And then, if the Creatures
fhould have a right to any thing, of which God
cannot deprive them, they would have fomething
ei of their own, to which God has no Right: But fee-
>3iil ing every Creature is entirely God's,& can have no-
b thing which is not His gift, and can do nothing
ivine which is not His debt 3 it cannot have a Right
luot where God has none, becaufe He cannot but have
poii an entire Right in his own Works. And therefore
ik if in any thing Gods Supream Sovereignty feem's
m confined, 'tis not bounded by any Rights or Privi-
$ ledges in the Creature, but only regulated by His
own Perfections,
siad And this brings me to the latter fort, who ground
[ecu- Gods Dominion in the Almightinefs of his Power,
(fjiae and infer thence, that He may do any thing though
an never fo Injurious and Irregular. I allow their
ore Principle, but deny their Inference, becaufe God
yes is effentially Good and Jult as well as Powerful 3
If, take away his Jufiice and his Goodhefs, and you
take away his Divinity 3 without them he would be
but an Almighty Devil. And therefore, though
r, the
b
24 Of the V^ature and Extent
the Rights of Gods Power be not ftreighthed by
any External obligation, becaufe that is tied on by
a Superiour Authority, and fo cannot agree to him
whofe Prerogative is Supream • yet they areboun-
ded by an Internal Principle, for Gods goodnefs
may be faid to tye and reifrain him not to do any
thing repugnant to it felf. Now this is not pro.
perly a Reftraint or Confinement fuperinduced
upon his Natural right , but is rather acircum-
fcription fet and chofe by himfelf, which he can-
not Tranfgrefs becaufe he will not. Neither does
it limit the Divine Prerogative any more then his
Omnipotence is limited, becaufe he cannot do any
thing that is abfurd,& unworthy the Wifdom of his
Under(\anding 3 or finful & repugnant to the Purity
of his Will: For as he can not do fuch things., not
becaufe his Power is not Infinite, but becaufe his
Wifdom and Holinefs are fo; for its not from de-
fe£t of Power, but from the Infinitenefs of his o-
ther Perfections., that He cannot aCt any thing
that's either Sinful or Foolifh; (fo neither is it for
want of Sovereignty., that he cannot do any thing
Indecent 01* Tyranical;) but becaufe he is infinitely
Holy as well as Powerful, he is thereby obliged to
do nothing unbefeeming his Holinefs. And there-
fore that God cannot Tyranize, 'tis not becaufe
his Power has limits, but becaufe his Goodnefie
has none. And fo the Divine Will is the Meafure
of
■■
Divine Goodnefs. If
of Juftice, not becaufe its abfolutely Sovereigne 3
but becaufe its infinitely good, and that whatfoe-
ver God wills or does, is therefore juft, becaufe
He wills it; derives not from the Sovereignty, but
from the goodnefs of his will. For if this be ta-
ken away, 'tis all one whether you call him God
or Devil ; he may lye, and forfwear, and a£t all
the Villanies in the world, and then what a brave
condition is mankind in, fo repugnant to all the prin-
ciples of piety, honefty, and policy, is that opini-
on, that allows no eflential juftice and Injullice,
but derives all goodnefs from arbitrary Power.
Of the Nature of the Divine Goodnefs.
HAving briefly explain'd the Nature and full
Extent of Gods Sovereigne Prerogative,
we come in the next place to give an ac-
count of his Goodnefs and Benignity • of which
Attribute we muft be careful to aflign fuch a no-
tion as is not inconfiftent with the former: Cheif-
ly becaufe the Idea of God confifts mainly in Do-
minion and Sovereignty; The notion of him in
Scripture never refers to his EfTence, but always
to his Power and Empire; and the names by
which he is there exprelfed do not fo much denote
his Nature, as his Supream and Almighty Prero-
gative : for all his Appellatives (except Jah and
Jehovah , which exprefs his conftancy and veracity)
E imports
26 Of the ytyture of the
import only a Supream and Almighty Sovereign •
fo that the Scripture reprefents God under no o-
ther notion, then as the Supream Lord and Sove-
reign of the Univerfe; and therefore we muft be
wary of attributing any thing to him, that either
lefiens or quite deltroys the freedom and uncon-
troulablenefs of his Dominion • and may withal
conclude, that no property which complies not
with it, can be attributed to him, and confequent-
ly that that's a falfe notion of his goodnefs, that in-
terferes with his Dominion. And therefore they
that afi'ert Gods goodnefs to be a necefiary Agent,
that cannot but do that which is belt, and fo make
all the Divine actions the necefiary refults of his
goodnefs, directly fupplant, and deftroy all the
rights of his Power and Dominion: For if all the
effects of Gods power be the natural Emanations
of his goodnefs, and depend not upon the free de-
terminations of his will, it will follow, that God
can have no liberty or dominion in relation to them,
becaufe necefiity is altogether inconfiftent with the
liberty or freedom of Sovereign power • Sovereign-
ty bottoming upon a liberty and freedom of aGting-
For how can he that has no Power and Dominion
over his own Addons, have power over any one
elfe, for in that there can be no power without a
liberty to ufe and exercife it, nor any exercife of
power but by a&ing,' it neceflarily follows that
Divine Goodnefs . 2 m t
that Agent that has no liberty or freedom of acting,
is utterly uncapable of any Power or Dominion.
And therefore if all Gods actions were the necef-
iary Emanations of his goodnefs., it*mud necefla-
rily deft toy all the rights and liberties of his Sove-
reignty and Dominion.
The Platomjls aflert, that Gods infinite goodnefs
necellitates him to do always that w ch is belt, &
" vt ' Mc a aT' %?! tu ctVre «AA» rrKHV tS InTimto.
( fayes Tlato) and therefore that all the Divine
works were produced by an irrefiftible neceflity,
and that he had no more power not to do what he
has done, then the Sun has to withhold his influ-
ences, or an overflowing fountain to keep back its
dreams. And upon this foundation they erett any
Hypothefes that fute with their own fancies, but
cheifly that of the Pre-exigence of Souls: Becaufe
(fay they] 'tis better they fhould Pre-exift, and
therefore Divine goodnefs, which does always tha_t
which is bed, mud of neceflity have given them
a better and happier date of life and felf-enjoy-
ment, before they defcended into thefe bodies. But
thefe mens minds are fo exceflively poflefled with
thoughts of Gods goodnefs, as to neglect all his
other Attributes, advancing it to fuch an exor-
bitant Preheminence, as to make it not onely
llfuirp upon, and invade the Rights and Priviledges
of other Attributes, but alfo tobanifh all other Per-
E 2 fe£tions
2% Of the !?{dture of the
feCtions from the Divine nature, and engrofs the
Deity wholly to it felf. For this notion of Gods
goodnefs is mod apparently inconfident, not only
with his Power and Dominion, but with all his o-
ther moral Perfections. But in order to a further
fatisfaCtion herein, I fhall give you abreif account
of the Divine goodnefs, and fhew it to be not a ne-
ceflary, but a free and felf-moving Agent.
The Divine goodnefs then is of three forts,
either as 'tis taken for the perfection of his nature,
or for the fanCtity and holinefs of his mind, or for
the free bounty and beneficence of his will ■ Though
the two latter are properly but branches of the for-
mer; Juftice and Beneficence being abfolutely ne-
ceffary to the Infinite perfection of the Divine na-
ture. The fird fort I Avail omit to difcourfe of,
as being impertinent to our prefent purpofe, and
onely account for the two lad, and fird of the
former.
Gods SanCtity or Holinefs, is that natural or
eAential Goodnefs, whereby he cannot but aCt
fuitably to the excellence and dignity of his Ratio-
nal nature: For the dignity of the Divine nature,
confiding in Reafon and Wifdom, this is prefer-
ed the meafure and rule of his Actions; and there-
fore 'tis nothing elfe but that natural Judice, E-
quity and ReCtitude, which is the meafure of all
Gods tranfaCtions with his Creatures, and con-
fids
Divine Goodnefs. 29
fifts in doing every thing that right Reafon requires.,
and not doing any thing., that it forbids. Now the
Relation this Goodnefs has to the Divine Domi-
nion, is to bound and regulate it in the exercife of
its Rights and Liberties 3 becaufe God has power
to do any thing not inconfiftent with it; fo that the
;rue way to find out how far the Divine Preroga-
tive extends, is to difcover what is repugnant to the
Nature of goodnefs and equity; for every thing
befide is fubjedl to the freedifpofal of the Divine
Will. Thus God cannot delight in the eternal
miferies and calamities of Innocent Creatures, he
cannot fecretly refolve and take care that his crea-
tures fhall a£t thofe Impieties, which himfelf o-
penly hates, forbids and threatens: he cannot lay
upon us ImpoiTible Commandements: he can-
not violate his Faith, and not perform his Promi-
fes, Oaths, and Covenants, becaufe they are all of
them effentiaily evil, and contrary to the Natural
and Eternal Laws of Equity and Right Rea-
fon.
But GoodneJ r, as its Equivalent with Benignity,
Bounty, or Benificence,isa free, conftant and ha-
bitual propenfion of will to do Good. And being fea«
ted in the Divine Will as one of its main Proper-
ties, it muff not be fuppofed to deftroy the free-
dome of its Nature, but rather to participate of
it. Eor the Divine will is endued with the higheft
kind
3© Of the Nature of the
kind of Libertie, as it imports a freedome not only
from Forreign Violence., but alfo from inward ne-
ceiTity-For fpontaneity or immunity from coadtion
without indifferency carrys in it as great r.ecefsity as
thofe motions, that proceed from violence or me-
chanifm: and aBeaft,that of its own accord goes to
Failure, would have as much Freedom as Gcd has,
if his adtions were only fpontaneous, and procee-
ded not from a choofmg and felf-determining
Principle. And therefore when I aflert the Divine
will to be Free, I mean that it is a Rational and
Active Facultie, that has Power and Dominion
over its own actions, and that can be determined
only by its own intrinfick energie, in fo much that
all the external incentives requifite to its adting
being fuppofed, it yet remains fo indifferent and
undetermined in it ielf, as that it is able either to
exert or fufpend its adtion. For unlels the divine
will enjoy this kind of freedom, it had as good
have none at all, all other forts of Libertie being
fettered and determined by fatal Necefhties. And
the Fatalift do but loofe their Labour, when they
endeavour to invent ways of reconciling Liber-
ty with NecelTity , unlefs they can alfo make
Indifferency confident with it 3 becaufe all necef-
fity of what nature foever implies a detemin'd and
unavoidable Fatalitie, which apparently deffroys
all the foundations of Religion and Moralitie 3 For
ne-
Divine Goodnefs. 31
neceffity is not inconfiftent with moral Goodnefs,
becaufe 'tis of this or that fort, but fimply becaufe
'tis neceffity : for the only caufe why a neceffary
Agent is not capable of Moralitie, is becaufe 'tis
not able to determine it felf to Good or Evil, and
confequently not capable of being directed and
governed by Laws, Rewards and Punifhments,
For what other reafon can there be imagined, why
any Agent is incapable of being thus governed,
then that it has no power and command over its
own Actions, the Office of Laws being to enjoyn
them, to whom they are prefcribed, that they de-
termine thcmfelves to a£t according to their Pre-
fcriptions ? But to require this of a principle void
of any fuch power of felf-determination, is as ab-
furd as to require it of Stones Trees,becaufe the
abfurdity of both confifts in requiring obedience,
where there is no principle or capacity able to ren-
der it. And therefore unlefs they can reconcile ne-
ceffity & indifferently fo, as that the fame Principle
fhall be neceffarily determin'd to one extream,and
yet remain fo indifferent,as to be able, if it pleafe to
determine it felf to the other, it will be altogether
fruitlefs to make other forts of liberty not inconfi-
ilent with neceffity. But this they can never do,
unlefs they can bring the extreams of a contradi-
dtion together, and make it all one to be determi-
ned and undetermined in reference to the fame
Action.
32 Of the Vfatuye of the
Action. Thus ( for Inftance) that Principle that
is endued with no other Liberty,then what confifts
in meer fpontaneity and immunity from violence
is, without indifferency and a power of felf-deter-
mination, at as great a diftance from moral Good
or Evill, as it would be, if it were a£ted meerly
by external force and violence, becaufe the reafon
why that which is moved only by force, is not a
principle capable of morality, is becaufe it has no
power at all over its own motion, and lo is moved
with a fatal and unalterable neceflity, but a
fpontaneus or unforced Action, if it proceed not
from an indifferent but neceffary Agent, is as
fatal, and as neceffary, as if it were forced, and
as little fubjedt to the determination of the Prin-
ciple, from whence it flows, as it would though
it proceeded from a forreigne and violent one,
and by confequence is equally incapable of mora-
lity. And fo that principle, which is not only at
liberty from Co-a6tion, but is alfo endued with
Reafon and Underlfanding is, without indifferency
and a power of felf-determination, not lefs unca-
pable of moral Good and Evil, then that which is
quite devoid of Rational faculties; becaufe 'tis
adtea by an equal neceflity. For if the Judgement
and definitive fentence of the underftanding be na-
cural and neceffary (as it not only is, but is alfo u-
nanimoufly acknowledged to be) and if the wills
follow
Divine Gvodnefs, 33
following this Judgement be as natural and as ne-
ceflary as its feH : • then 'tis as extravagant to com-
mand the will not to embrace the objeCt commen-
ded to it by the underftanding, as 'tis to command
the understanding to judge otherwife of it then it
does., which is the fame abfurdity as to command
the eye to fee an objeCt, after another manner then
its reprefented to it, becaufe they are both deter-
mined by an equal necefiity. From all which it
follows by all the Laws of Inference, that if Gods
goodnefs fhould take away the Indifferency of his
will, it would certainly deflroy not only his Free-
dome, but all his moral Perfections and Accom-
plifhments: which is my firft Argument.
2. If the Divine goodnefs or Benificence were a
neceflary Agent, it would not only deftroy the na-
tureofthefubjeCt, in which itrefides, but alfo,
what is more abfurd, its own: for 'tis abfolutely
necefiary to the nature of Beneficence and Good-
nefs, that it proceed from a free and elective prim
ciple. No courtefie can oblige, but what is free
and chofen, and the obligation of benefits is only
then acknowledg'd, when they are received from
one, that had a power not tobeflow them, for o-
therwife they are owing not to his favour and good-
will, but to chance or necefiity. We make no re-
turns of gratitude to the Sun for his kind vifits,
and benigne Influences, becaufe his emanations
F flow
&
HI
i
iH
m
' I) s
ill
llll
I
34 Of the Jfature of the
flow from a bare neceflity of Nature: And Jo-
(huah thank'd him not for {landing (lili at his re-
quefl and interefl;: Ifhouldthink it a ftrange So-
lecifme inCourtfhip 3 if anyone fhould make me
retributions for a favour 3 that proceeded only from
fome neceflity of nature & not from choife of will.
Becaufe the reafon of the obligingnefs of benefits is 3
that they argue Benevolence and good Intentions in
the donor towards the perfon,on whom he bellows
them 3 but when they are the Iffues of a necefiary
and uneledtive caufe 3 they flow not from Good-
will 3 and argue no benevolence in their Principle.,
but are the pure Refults of Nature. And therefore
if all the Communications of Gods goodnefs be
neceffary 3 they may argue the fulnefs of his nature,
but cannot the goodnels of his will* becaufe that
is founded upon choice and freedome. I have in my
former reafon endeavoured to evince that a necef-
fity of acting, of what fort foever, is not capable of
moral Good or Evil 3 becaufe 'tis inconfiftent
with a Dominion over ones own actions, in which
all morality is founded., for an Agent that has no
power and command over its own Actions, and
that adts becaufe it muft. whatfoever excellent and
commendableeftefts it may produce 3 is as unca-
pableof morality as thofe fenfelei§ Machins, that
move by the Laws of matter and motion, becaufe
it produces its effects after the fame manner as
me-
T)i*vine Goodnejs . 3 5
mechanical caufes do, namely, by a necefiity of na-
ture. And if any artificial Jutomata were endued
with deliberative, elective and felf-moving Princi-
pies, fo as to have power over their own motions,
they would in degrees of proportion be capable of
doing well or ill,butbecaufe they have no elective
and felf-moving power, that's the Reafon why
their motions areuncapable of being good or evil;
and confequently all caufes, whofe effects refult
from the fame necefiity of Nature, and that have
no power, to rellrain their emanations, are as
uncapable of morality as thefe livelefs Engines, be-
caufe they lye under the fame incapacity. Now
then Beneficence being a moral Excellency, it
mud loofe its morality,and confequently its nature,
when 'tis natural and neceflary, and therefore if
all the emanatioru of the Divine Bounty be fuch,
it will unavoidably follow, that there is 110 fuch,
vertucor Beneficence and Goodnefr in God, fo
that we may fafely conclude that though the Com-
municatiour of Godx Goodnefr to hir Creaturer
be exceedii gly agreeable to his Nature, yet to
make them neceffary and naturallRefulnr, is by
denying their being free,to deny their being Good.
3.God can never a& contrary tohirneceflary and
efiential propertier,ax becaufe he is efientially wife,
jufl <kholy 3 he can do nothing that Lr foolifh,unjuft
and wicked. And therefore if Gods Beneficence
F 2 and
mm
3 6 Of the Nature of the
and Bounty were fo natural, as that all its exerti-
ons were neceffary, he could never a£t otherwife;
but that he frequently does, as is evident in all the
Inffances of his Anger and Severity., which not
only Reafon but Scripture oppofes to Benignity,
Rom. ii. 22. Behold therefore the Goodnefs and SeVe-
rity of God 3 on them which fell feventy ; hut towards
thee Goodnefs. And Rom, 9.13. Jocoh have I loVed, hut
Efau have I hated : The reafon whereof is, v. 15.
Becaufe I will have mercy , on whom I will haVe mercy y
and I will have companion, on whom I will have com-
faff on. The iole caufe then why God fhewed
greater bounty to Jacob then to Efau , was a free de-
termination of his own will, without the interven-
tion of any extrinfique motive to incline it : For
V. 11. the Children were yet unhorn, and had done nei-
therfood nor eVil 3 t hat the purfofe of God according to
Elehion [or choice] might fland. The Argument
fuggefted by the ApofUes Difcourfe, b'fide his
exprefs refolving Gods Beneficence into his free-
will, is this, that if the Rowings forth of Gods
Goodnefs were neceOary, then Efau muff have
been bfeft with as great exprefiions of favour as
Jacob , becaufe there could be no caufe, that could
make a difference: Not Gods Goodnefs, for its
exertions being neceffary, it would ftream forth e-
qually into equal Capacities, and therefore if they
were equally capable, the emanations of the divine
Good-
Divine Goodnefs. 37
Goodnefs muft have been equal, fo that there was
nothing could put a difference, unlefs the Perfons
themfelves, but the difference was made before
they could make it, viz,, before they were born,
or had done any good or evil., but were in all re-
fpedts equal. Tne Spirit of God has recorded in
Scripture almoft as many inftances of his leverity,
as of his clemency, becaufe the exercife of thefe
contrary vertues depends on his free will, which
being indifferent to either, fometimes difplays the
one, and fometimes the other; whereas thofe at-
tributes that are Phyfical and Necefiary, are de-
termin'd one way antecedently to the determinati-
ons of his Will.
From all which premifes, we fee (1J that
Gods benignity 3 goodnefs, and beneficence, confift
in a gracious Propenfity to let forth the Commu-
nications of his fulnefs to his Creatures, which be-
ing lodged in the Divine will, does not only fuppofe
its freedom, but is alfo fubjedf to its determinati-
ons, fo that though it may incline, yet it cannot
either command or deflroy its liberty, becaufe if it
fhould,it would not only interfere withGods moral
accomplifhments,but would withal be inconfiftei t
with it felfe. And therefore it rather approaches
to the nature of a habit feated in the Divine will,
then to the condition of an EiTertial faculty ; whence
a habit and cuftome of goodnefs and clemency are
frequently
38 Of the Tfature of the
frequently attributed to God in Scripture., but 011-
ly adts and {ingle inftances of feveritv; for though
contrary habits cannot lodge together in the fame
faculty,yet fingle actions of the one may fometimes
illue from that Power, in which its contrary is en-
tertained: and therefore though the exprefiions of
Gods bounty be his ufual and conftant work, yet
he fometimes lets forth the eruptions of anger and
feverity, though with fome unwillingnefs and re-
ludtancy: for ( Lament . 3.33.) He does not willingly
(or from his heart) ajfiSl the children of men ; and
therefore the holy Ghoft ( Bfa . 21.21.) (files it his
flrange works as if by reafon of its feldom exercife,
he were unacquainted with it: fo that though Gods
inclinations to adts of Beneficence and Goodnefs
be vaftly great and vigorous, yet they are free, and
depending upon the determinations of his will, and
are upon this fcore confident with Gods dealing
fometime with us by more fevere and rigorous
meafures, which God is pleafed at certain leafons
to difpenfe according to the unfearchable Counfels
of his own will. (2.) That the Communications
of Gods goodnefs confift in the ufe and exercife
of his Dominion, for the good and benefit of his
Creatures; for they being all originally nothing,'
all the advantages they enjoy to render their con-
dition more definable then Non-exiilence, are the
free gifts and eifiedts of Divine goodnefs, which be-
DiVine Goodnefs.
Ing free and unconftrained, has diftributed its fa-
vours with an infinite variety., having made innu-
merable kinds of Beings,, and endued them all with
perceptive faculties and capacities proportion^ to
their refpe£tive natures, and provided fuitable ob-
jeCts in order to their gratification, fo that although
he has, according to the free pleafure of his own
will, created fome in a more imperfect Bate then
others, yet he has provided liberally for the happi-
nefle of them all, having furnifhed each order with
objedtr agreeable to their refpe£tive faculties, in
the perception and enjoyment of which, confifts
all pleafure and fatisfadtion.
Now, if we will meafure how large and ample
the communications of Div ine goodnefs are, they
are as vaft as free, Pjal. 145. 9. The Lord is good to
all, and bis tender Mercies are oVer all his Workgs.
Pfal. 38. 5, 6. Thy goodnefs (0 Lord) reached) to the
Heavens, and thy faithfulnefs to the clouds. Thy
Tight eoufvejs is like the. great Mountains • thy Judg-
ments ( or works of Providence) are a great deep;
thou preferVeji man and beajl , &c. 1. e. Gods good-
nefs is of equal extent with his works, as vait and
,wide as the Univerfe, running through all parts of
the Creation. But to fpeak only of that goodnefs
which concerns our felves: how free and unftreit-
ned have been the expreffions of Gods bounty to
mankind ? Not to mention the pleafures and en-
joyments
40 Of the 9{ature of the
joyments of life it felf, in which the Divine tnu-
nificence has made provifion, not only for our ne-
ceflity, bat for our delight and curiofity too; nor
the great variety of perceptive faculties he has en-
dued us with • nor the innumerable infancies of his
Mercy, Clemency, Patience, Long-fuffering to-
wards the fons of men, his flownefs and unwilling-
nefs to punifh, and his readinefs to pardon our Im-
pieties; nor his demanding only fuch homage and
fervice from us, as cannot be more our duty, then
tis our happinefs, with infinite more ineftimable
vouchfafements, and exprellions of his tender nefs
and good inclinations towards mankind. I will on-
ly inftance in his rewarding that obedience that is
our debt, with fuch great and ineftimable blefiings,
viz,, not only earthly and fecular, but fpiritual and
eternal pleafures: He might have fent us into the
world to aft our parts a while, and have endear'd
our duty to us only by its own appendant delightx,
and then have remanded uxback into our pre-ex-
iftent ftate of not being: But that he fhould re-
compence the bare difcharge of our dutiex, with the
rewards of Heaven and Eternity, Lr fuch a ftupen-
diour height of goodnelle, ax not only puzzlex con«
ceit, but outreachex wonder and admiration. And
yet that which enhancex the value of the Reward,
ix not more itx greatneile then itx freenefie, though
fome are fo arrogant ax to challenge a natural and
, . neceffary
* /
Divine Goodnefs] ' 41
heceffary right in it: Arrogant, I fay, becaufe if
it were our due., we mult derive it not from
Gods goodnefs, but from our own defert, for no-
thing befide Gods goodnefs, can create us a right
to future happinefs, but our own Merits-, which
from a Creature to its Maker implies the greateft
contradiction. And if in any refpeCt Heaven be
our due, God would be obliged by the natural
meafures of Equity to bellow it, and fo our hap-
pinelTe would not derive from the free grant of Di-
vine goodnefs, but from the prime and intrinfique
Laws of Juftice. For if there were any natural
and eternal neceffity that Happineffe fhould wait
on Vertue, that the Vertuous are happy 3 would
be no thanks to the Divine favour, becaufe that
cannot be an aCt of favour, which is demanded by
Juftice and natural Right. And therefore thofe
paffages in Scripture, that feem to make our fu-
ture reward jull and due, fpeak upon fuppofition
of Gods gracious Promife and Covenant with
mankinds as Heb.6.10. For God is not unrighteous 3 to
f orgetyour work.& labour of loVe 3 whichye have Jhewed
towards his Ndme. 2 Tim. 4. 8. Henceforth is laid
up forme a Crown of Bighteoufncjs, which the Lord, the
righteous judge, Jhall give me at that day ; and not un-
to m'c only, but unto all thcm, alfo that loDe his appear r
kg. In which, and other pa fl ages, the allured hope
of our future reward is therefore argued from Gods
G Juftice,
42 Of tta 9{ature of the
Juflice, becaufe 'tis effentially jufl that he fhould
perform his Promifes, and therefore, although
Gods Promife or Covenant were not an adt of Ju-
flice, but of Grace, (for 'tis impoffible for God to
enter into any Covenant with his creatures^but aCo-
venant of Grace) yet its performance,when made,
is abfolutely jufl and necedary, and that in which
God cannot fail without grofs deceit and falfenefs,
he having engaged his Veracity to difcharge all the
debts of his Grace. And therefore (as fome lear-
ned Men have noted) this JuQice in Scripture is
promifcuoufiy exprefled by Juflice, Truth, and
Baithfulnefs, T(om. 3.3,4, 5. they are all ufed to
exprefs the fame thing 3 And ijoh.1.9. If we con-
fij' our fins, he is faithful and juji to forgive us our
fins 3 Becaufe if he be jufl and faithful, he will per-
form his Promife,
If I were to prove the neceffity of future Re-
wards and Punifhment, from the nature of
any of the Divine Attributes,, I fhould rather fetch
my Arguments from the Attributes ofWifdom
then any elfe 3 becaufe they are (as might eafily be
evinced) fo hugely ufeful, and well-nigh neceflary
to the Government of the World 3 whence the
Tfixb 'ins reckon Paradice and Hell among thofe fe-
ven Pillars, upon which they fay God founded the
World, fuppofing it could not fubfifl without them:
But yet 110 one fort of means being abfolutely ne-
Divine Goodnefs. 43
ceflary to Almighty Power and Wifdom, In order
to any end, God could have found out infinite ways
to engage us to obedience, though he had never ac-
quainted us with future Rewards and Punifh-
ments. So that whatfoever R ationalities may be
drawn from the Divine Attributes, to prove a fu-
ture (late, yet it depending wholly on the Divine
will, and the Divine will being abfolutely free, we
can have no rational inducements to bring us to any
fufficient knowledge of it, but by a clear Revela-
tion of the Div ine will,and therefore God (to com-,
pleat the Inftances of his Goodnefs) fent the blef-
fed Jefus into the world to bring life and immor-
tality to lights and to encourage us to Vertue and
Goodnefs by greater Rewards then were before
propofed to mankind. So that though we could
enhance the expreflions of Gods love and bounty
to mankindj to their utmoft pitch and value, yet we
have juft reafon to conclude, that the peculiar and
unequal'd eminency of the Divine benignity, con-
lifts not fo much in the greatrefs, as in the freenefs
of its Emanations, as ftreaming forth from a foun-
tain of free and felf-moving Goodnefs,
of
Of the Preexijlence of Souls,
T Hough the foregoing Difcourfes are as ufe-
ful and important Theories as any in Divi-
nity 3 (there being not any other Articles fo univer-
fally interefted in Theological Speculations as
thele • nor any thing that has occahoned fo much
Errour and Ignorance in other points^ as falfe and
confufed conceits., concerning thefe two grand At-
tributes of Dominion and Groodnefs :) Yet they
cannot be more important and concerning in them-
felves 3 then they will be ufeful and neceffary for
the fuccefsful management of this enfuing difcourfe
D O
againft: Preexiftence; becaufe the mod plaufible
Argument alleadged 3 on behalf of this Hypothecs,
is grounded upon fuch miftaken notions of the Di-
vine goodnefle^ as I have already (I think) evident-
ly enough difproved in what I have difcourfed con-
cerning that Attribute; fo that I am fo far before
hand in the Difp te a as to have prevented the ftron-
geft Objection I am liable to be Adaultei with.
This premifedj I immediately proceed (1.) to give
an account of the Hypothecs it felf,and the grounds
on which it bottoms; and then (2.) to give in my
exceptions both againft it and them. And that
you may be fare of my; faithfulnefs in the firfk, I
will perform it as near as I can, in the very words
Of the Preexijlence of Souls. ^ »
of its mod Peremptory affertours. Their account
then is this,
That the Souls of men are not then firft pro-
duced, when they are united to the Bodies prepa-
red for them by generation, but were created all at
firft in an incomparably more Bleffed and Divine
Condition of Life, then that they are now con-
demned to in this fad Region or fin and mifery,but
that at feveral times and occafions by their Revolt
from God & his righteous laws they forfeited their
better life and condition, and fo were thruft down
into thefe terreftial Bodies, partly to be punifhed
for their former prevarications, and partly that by
acting their parts well here, they might recover
that more happy ftate from which they lapfed into
this. And this they endeavour to prove,
^ i. from the nature of Divine Goodnefs, which
(fay they) is conftrained alwaies to do what kbeft;
for the Souls of men being capable of eternall exi-
{fence and happinefs backward as well as forward
and it being much better that theyfhould have en-
joyed the plealure of their life and actions from
eternal Ages, then either to have layn fo long in the
comfortlefs night of nothing, or to have been ac
firft created info mean and wretched a condition,
as that is which they fuffer in this Region of Death
and Miiery • and then God being infinitely good
and gracious, and infinite Goodnefs doing by the
fame
46 Of the Preexiflence of Souls.
fame neceflfity that which is beft, as infinite fire
will neceffarily burn whatever is combuftible , if
put to it, it clearly and unavoidably follows (fay
they ] that they mud have exifled of old before
they came intothefe Bodies.
2. From the Anions of Providence, which will
not otherwife correfpond to thofe holy Attributes
in the Deity, Righteoufnefs and Benignity, accor-
ding to which he Governs and Orders the affairs
of all the World. And this Argument they make
ufe of two waies, viz,, in refpedt of the place and
time wherein we are born, and of the temper
and difpofition of the body, wherewith we are
born.
As to the firft of thefe, there is no man doubts
but that education, inilitution,and company, are of
fuch wonderful moment to the making us good or
bad, as that where vice and wickednefs are in ufe
and pradtife, there feems little lefs then a necelTky
of fwimming down in the ftream of our Countrys
Vices: And then the greatefl part of the World
having been always over-run with all manner of
Luff and Barbarity , for God to fend out of his
pure and holy hands an immaculate foul, capable
of living elfevvhere, and fit for all virtue and heaven-
ly Wifdom, into an habitation in fuch parts of the
Earth, where reigns nothing bat grofs Ignorarce
and Vice by which fhe cannot fail without a mi-
racle
Ofthe Preexijlence of Souls. 47
racle to be over-born, what is this, fay they, but
to betray his own off fpring unto unavoidable
miferies ?
As to the fecond of thefe they argue thuSj feeing
there are in mankind flrange 6c fatal propenfities to
all manner of vice 6c wickednefs,that flow from the
very intrinfick conftitution of their Bodies,how can
it be confident with the Goodnefs andRighteouf-
nefs of God, the bleffed fpring of all virtue and
Holinefs, and tender lover of all his Creatures, to
put innocent fouls into fuch foul and untamed bo-
dies, which fo fatally and neceffarily hurry them
to that which alone of all thingr in the world he
difapprover of, and which he knows will be their
utter bane and miferable ruin.
And here fome of them argue more particularly
from the abfurdity of the two opinions of the fouls
immediate creation,or feminaltradu&ion; for if it
begins neither of thefe waies, it muft have pre-
exilled, therefore ( 1 ) againtl: the firfl of them,
they ufe the forementioned Argument, viz,, that it
feems inconfildent with the Goodnefs and Benig-
nity of God,to put pure and immaculate fpiritsin-
to fuch Bodys as will prefently defile them, pervert
all their powers and faculties, and incline them to
all manner of vice and impiety. And then (2) a-
gainft the fecond,T^. feminal Propagation of fouls,
they argue from the mature of the foul itfelf, for
(fay
4^ Of the Preexifence of Souls.
(fay they) if the foul be generated then it ffluft be
made of the foul of the Parent, which is againft the
nature of an immaterial Being, the cheif proper-
tie of which is to be indifcerpable. Thefe are the
mold material co; fiderations urged in behalf of
Preexiftence, others that either depend on thefe, or
are lefs confiderable, I fhall have occafion to men-
tion as I proceed , and withal, to replie to a few
paffages of Scripture, that for the better counte-
nance of the bufinefs, they prefs to ferve in the
caiife of this Controverfie. Having given you this
brief,but comprehenfive account of the Hypothecs
it felf, I now proceed to give in my Exceptions.
Firft then, although I am not obliged by vertue
of what I have difcourfed in my fifth exception
againft the Platonick Philofophie, to oppofe this
. Hypothefis by Counter-arguings, becaufe 'tis out
of the fphere of Humane knowledge , and to be
ranked among Epicurus' s T* JWi*T* T« 0 [XtyXj
things meerly poffible, and meerly contingent, and
fo is fufficiently confuted by deilroypg the grounds
on which it Bands, yet, to render my Triumph
over it more full and entire, I fhall make my firft:
onfet from an objection drawn from its ill corre-
fpondingwith the divine Attributes of Wifdome,
Juftice, and Goodnefs, and that upon a twofold
account. ,
i. In that it fuppofes God to 'inflict the feveri-
ties
Of the Preexijlence of Souls. 49
ties of his Juftice without attaining the ends there-
of; for to what purpofe is it to inflidt penalties
upon any Perfon for offences, of which he is as ig-
norant, as he could have been, though they had
never been committed ? For affign they what ends
of Judice they pleafe, this is moll undenyably cer-
tain that to punifh a guilty Perfon, that is invin-
vincibly ignorant of his fins, is as far from attaining
the ends of Jiftlice, as to inflict the fame Punifh-
ments upon one that's guiltlefs, for if he has no
knowledge of his mifcarriages, he has the fame rea-
fon to be faultlefs in his own edeem as he that is
really fo: But for God to chadife with the rods
of his vengeance any Creature that is in the fame
condition with the Innocent and guiltlefs (inrefe-
rence to the ends of Judice and Punifhment) bids
mot alefs defiance to the'Reputation of his Attri-
butes, then to inflidt the fame Punifliments upon
one that never deferved it. I conclude therefore
that if the calamities of this life were inflicted up-
011 us only as punifliments of fins committed in an-
other, Providence would Have provided fome effe-
Ctual means to preferve them in our Memories ;
and therefore becaufe we find no remainders of any
fuch Records in our minds, 'tis (I think) Sufficient
evidence to all fober and impartiall enquirers, that
our living and finning in a former date is as falfe as •
inevident. / ,■■; t •
H ' 2. In
$5 Ofthe Preexifence of Souls.
2. In that it would be an invincible Temptati-
on to mankind to have hard and jealous thoughts
of Gods dealings with them. For when they fee
themfelves environed with miferies and punifh-
ments, and feel the heavie ftrokes of divine Anger,
and yet are utterly ignorant that they have often-
dedhim, what more juft and reafonable grounds
can they have not only to call in queftion but flat-
ly to denie his Goodnefs and Equity. For if it will
not comport with Gods Righteoufnefs and Be-
nignity to place us in thefe fad Circumftances we
are in, unlefs thereby to punifh us for our former
prevarications (as the patrons of Preexiftence
fiercely and clamaroufly conteft) when - we know
our felves to be in this fad plite, and yet are utterly
deftitute of all knowledge how we deferved it,what
can we more naturally infer, then that God has,
contrary to all the Laws of Juftice and Equity,
made us Wretched and Miferable Z Should he
take the moft lewd and debauched Vilain upon
Earth, and thruft him into the Dungeons of endlefs
mifery, but withal take away all fence and memo-
ry of his former ftate and wickednefs, would not
that miferable wretch have juft reafon to exclaim
againft the Crueltieof his Maker, as fuppoflng
himfelf created in that fad & deplorable ftate? And
fuppofe it poflible for God to have produced any
being in the fame miferable condition the damned
Of the Preexiftence of Souls. 51
in Hell are fuppofed to fuffer, that wretched Crea-
tare might as well argue for a ftate of Preexiftence,
in which it had deferved the Torments it endures,
as any other being, that finds it felf in that forlorn
condition, but is deprived of all knowledge of any
former fceneofLife? Now God cannot iivReafon
expeCt we fhould acknowledge his Juftice and
Righteoufnefs contrary to his a£tings;and therefore
if he has inflicted upon usthofe Calamities, that
cannot juftly be inftidled upon any but ftnners,
and yet not let us know we are fuch, what elfe can
we conclude but that we innocents are unjuftly
doom'd to the fad and miferable Portion of the
Wicked ? Perhaps it would not be difficult to in-
vent many other not inconfiderable Objections,
but thefe are all that occurr to my thoughts at
prefent,& all thofe I have met with in Authors are
moft lamentably frivolous and impertinent. And
therefore I fhall immediately pafs on to the main
and only needful part of my Task, viz*, to evince
the Groundlefnels of this Hypothefis I oppofe,
for if I can {hew the Ratiocinations from whence
they conclude its Truth and Reality to be appa-
rently vaine and frivolous, I fhall thereby fufficient-
ly evidence the vanity of the Hypcthefts it felf,
as being built upon vain and trifling Pretences. But
before 1 defcend to their particular Examination,
it will not be impertinent to obferve,
H 2 1. That
52: Of the Preexifence of Souls.
i. That it would be no difficult task to ereCt
other much different or quite contrary Hypothe-
fes. Methinks that purely Phifical account which
Porphiry fome where gives of the Souls defcent into
thefe Terrellrial Bodies., is as neat and handfcme
as the Origenian or Moral one, for as this de-
• r
rives our lapfe Originally from our voluntary and
chofen Immoralities, that other derives them
meerly from a Phyfical neceffity, which it illu-
Urates by this fimilitude. As a fruitful field,though
it may for a certain period of years yield good
Grain, yet at length it is exhaufted and grows bar-
ren, and then if it be laid fallow though it brings
forth nothing but weeds and tares, yet it thereby
recovers its ancient vigour and fruitfulnefs; fo our
Souls having been for many ages impregnated with
the feed of Divine Ideas, by degrees fpent them-
felves in bringing forth large returns of contempla-
tion, till at length their Intellectual powers decay-
ing, the higher part falls into a fwoon, and they
can exert no aCts but of Imagination, whence Ipring
forth the powers of the Vegetal life, which
oaufe in them ftrong and irreiiftible propeniities
to an union with thefe inferior and terreftrial
Bodies, in order to the awaking of the higher
Powers, for becaufe every thing in the Etheriai
Regions is too calme and ferene to awake them,
ffie.y are therefore conveyed into this place of noi-
fes *
Of the Treexifence of Souls, ^
fes and didurbance, and inveHel'd in a body full of
rude and impetuous paffions, by which they may
be chafed into life and fenfation again. Or what
if I would, ou^of a perverfe humour of contradi-
£tion, affigne a quite contrary Hypothecs of Pre-
exidence, and as they will have this world a place
of Punifhtnent, and maintain the Soul came into
it by lapfmg from a happier and more excellent
condition, fo why may not I afiert that 'tis a place
of Reward, and that God fends us hither to re-
ward our vertuous actions in a lower and lefs hap-
py condition of life, or that they that had mifcar-
ried in a weaker and lefs advantageous (late, might
once more try their fortunes in better and more ad-
vantageous circumflances ? Which Hypothefi9
would be as much, and perhaps more confident
with it felf, then the contrary. For feeing they
will needs have it the defign of Providence, in thru-
fling the Soul down into this Region of Mifery, to
amend and reform, as well as chadife it, it feems
much more confonant to effect this, by raifng it
to a more perfedt date, then dooming it to a worfe,
for 'tis a very prepoderous way to Reformation, to
put the foul into fuch fatal propensities of finning,
(as they fay 'tis in here this being the directed
courfe utterly and irrecoverably to undo it. And
now had I a mind to fet up for a Maker of Hypo«
thefes, [which you fee is but an eafte trade) I might
54 Of the Treexijlence of Souls.
fo trim and adorn this with artificial and affected
Phrafes, and fo fupport it with a fet of Theorems,
Pillars, and Fundamental Principles, as to make it
appear a competently handfome and well built
Structure. And withalj think it would be able to
ffand the fhock of thofe Ob jections and Counter-
evidences, that would fhrewdly (hake, if not ut-
terly demolifh the Origenian Hypothefis: But if
any Origenift (hall difapprove my Hypothefis, I
only challenge him to confute it, for I am fure the
like arguments will confute his own : and there-
fore to (hew him the Vanity of inventing ground-
lefs and imaginary Hypothefes, I will be fo crofs-
grain'd as not to abandon mine, as long as he (hall
perfift peremptory in his.
2." The fecond thing I am to obferve, is, that
they (which is the ufual overfight of unwary dif-
putants) difpute not more againll their Adverfaries
then themfelves, in that the Arguments they ufe to
deftroy all other Hypothefes and confirm their own,
do as evidently oppofe it as them. For their own
account of our defcent into this world is, that 'tis
onely a merciful provifion and contrivance of the
infinite Wifdom and Goodnefs of God (the end of
all whofe Councils is his Creatures Happ heffe)
_ „ . to put loft and delinquent Souls into a
Lux.Orien f. p.41. r ■ J r n- 1 1
capacity of acrina their parts anew 3 that
fojo many of bis excellent creatures, might not be loft
and
Of the Preeminence of Souls. 55
and undone irrecoverably, but that they might be in a
condition to recover the old happinefs of their Celeftial
fate. Now is it not highly derogatory to the in-
finite and unbounded Wifdome of God, that he
fhould detrude thofe fouls, which he fo ferioufly
defigns to make happy., into a ftate fo hazardous,
wherein he f eeth it to be ten thoufand to one 3 but that they
will corrupt and defle themfelves, and fo make them-
f elves more mif erable here 3 and to Eternity hereafter ?
A itrange method of Recovery this, to put them
into fuch a fatal necellitie of perilhing. lis but an
odd contrivance for theirReftauration to happinefs,
to ufe fuch means to compafs it, which tis ten thou-
fand to one but will make them infinitely more mi-
ferable. This is fuch a contrivance of Mercy, that
puts us in a worfe condition, then it abandons the
Devils to, for if the conditions of our Recovery
be fo near being impoftible, our ftate is as bad as
theirs, and if the non-performance of thefe condi-
tions be punifht with greater penalties, 'tis worfe.
Better be abandon'd to an eternal difpair, then have
hopes to be refcued onely by fuch means, as 'tis
ten thoufand to one but will exceedingly encreafe
our Tormeiit and Mifery. Again, If The Accotlnt
we call to mind the J ad accounts we have of Orig. &c.
met withal in Hiftory , of times and places pag * 27 '
almoflall the world oVer y oVer -run with all manner of
barbarity and luf 3 adopted even into their Laws, and
praftifzd
f6 Of the Preexifence of Souk.
praSlif?d in their mofl folemn Tfelifions, how can we bui
thmk^that the Soul then and there horn and living is
inevitably condemned to all Iniquity and Impiety I But
can we imagine that infinite Wifdom ferioufly pur-
pofes to relfore us to our ancient Holinefs and Pu-
rity, when it places us in fuch a (fate., in which we
are inevitably condemned to all Iniquity and Im-
piety ? If God had contrived to betray us into all
manner of vice and wickednefs^ how could he more
effectually have accomplifh't it., then by putting us
into luch a condition^ as (hould inevitably condemn
us to all Iniquity and Impiety? That Father
would take a if range courfe to reform a debauch'd
and wretchlefs Child 5 that fhould go about to ef-
feCt it by abandoning him to the Society of Ro-
gues and Villains. Pag. 28. For God therefore to fend
an immortal Soul (whofe happinetTe is his greateif
defign and, contrivance ) into an habitation in f 'icb
parts of the Earth, where reigns nothing but grofs ig-
norance and vice, by which fhe cannot fail without a
miracle to be oVer-born, what is this but to betray his
own off-fpring (for he is the Father of Spirits) unto
unavoidable mif >ry 0 whilelf he pretends to plot and
contrive their happinefs., and Jo govern the world with
lefs prudence, then an ordinary difcreet man would do.
Once more in their own words 5 Pag. 35 . I would
aske them whether or no the condition of our nature confr
dered, theflrong inclinations naturally to that which is
Of the Treexifence of Souls. 57
evil 3 and thof ? frengthned and further confrmed for f ?-
Veral years before we can come to have any conjiderable
life of ourfeafon 3 or arrive to any command over our
J elves. hafly 3 the way and manner how the Eletlions
of our will are performed 3 which we neVer fnd free y
where there is a cujlome or pajfon againf it 3 and how
corporeal motions determine the thoughts and pajfons of
our minds 5 I ask. them whether thef ? things bein (r con-
fdered, it be not hundreds to one odds 3 that we (hall
choofe the ways of Vice rather then Vevtue I Or let the
proportion be as little as they can with any colour pre-
tend 3 they cannot clear the IVifdom and Difcretion of
Divine Providence by their Hypothefs 3 which thru (Is
the Spirits (it intends to make for ever happy) into
f i great a danger of being defied and corrupted by the
pajfions of the Body 3 and of fmndly f mctrting for it
hereafter. Thus you fee what ftrong Objections,'
the Arguments they urge with moft noife and cla-
mour 3 are againtt themfelves, if therefore thefe
Phenomena be inexplicable without the Origenian
Hypothefis 3 they are fo too with it; and if fo, then
the refult of all is 3 that they are not fo much Ar-
guments of P reexiftence, as Afperfions of Provi-
dence. For whatever Hypothecs is true., they
charge Gods Tranfa&ions with mankind either of
Inj iftice or Folly • and therefore I {hall attempt
their folutionnot fo much to oppofe the Hvpothe-
fis of Preexiftence, as to vindicate the Divine Pro-
I vidence
58 Of the Treexijl ence of $ouls.
vidence from fo many contumelious and unworthy
Reproaches. After thefe more general confide-
rations againft the Hypothecs it felf: I come now to
a particular Examination of the Arguments on
which 'tis founded.
Firftthen, as for thatftrong Demonflration (as
they ftile it] taken from the Nature of Gods good-
nefs, which they fuppofe conftrain'd to do always
that which is belt, 'tis fo fully, not only anfwercd,
but confuted, in what I have already difcourfed, of
the nature and extent of Gods Goodnefs and Do-
minion, that to fubjoyn any formal Reply, would
be but aneedlefs and troublefome Repetition. For
having made it apparently eyident, that any date,
better then that of Non-exiftence, may be the ob-
je£t of Gods Dominion , and the effect of his
Goodnefs; every condition of Being, preferable
to that of Not-being, is not onely confident with
the Divine Goodnefs, but a Product of it; and
therefore if they will make good this Argument
drawn from the Divine Goodnefs for their Hypo-
thefis, they muft firft either difprove the Truth
and Validity of my preceding difcourfes, or elfe
make it appear that the condition of Souls in this
life is more deplorable and lefs defirable, then the
date of Annihilation. And when they fhall have
done either^ they will deferve a farther reply, but
not till then,
■ ■ " ' : And
Of the Preeiijlence of Soitls. 59
And yet I cannot forbear to fuper-add this one
Confideration more, 'viz,, that the boundlefs In-
finity of the Divine Goodnefs is confident with the
existence of different Ranks and Orders of Crea-
tures, God being not conftreined to make every
Creature the moft Perfect he can, for then there
would have been but one fort of Beings, 'viz,, the
higheft and moft confummate R ank of all, where-
as we fee the World replenifn'd with divers fpecies
of Creatures, fome more,fome lefs perfect. Now,
if notwithftanding the Infinitenefs of the Divine
Goodnefs, there may be various kinds of Creatures
of various and unequal Perfections; then what ne-
ceflity or Reafon imaginable is there, the Divine
Goodnefs fhould be conftrain'd to let forth its lar-
geft Emanations to mankind • for why may not our
fpecies be of an inferiour Rank in the Order of
Beings ? And if fo, then what neceflity is there we
fhould be endued with all pollible Perfections? Are
there not feveral Ranks of Spirits or Immaterial
Beings ? And are not the Affertors of Preexiftence
the moft Zealous Patrons thereof ? And do they
not Marfhal the Souls of Men in one of the lowed:
and moft imperfeCt Orders, as being united to the
grofleft and moft ignoble Body, 'viz,. Terreftrial
matter, whilft all the reft refide in Bodies of Aire
or iBthf r ? and therefore for men to deem the Di-
vine Goodnefs lefs infinite, becaufe itsCommuni-
I 2 cations
&e> OftbeTreexijlence of Souls.
cations are not fo great to them as they are to o-
thers, is asabfurd as it was for the Figs in the Fa-
ble, that complain'd to Jupiter, beeaufe he had not
made them Grapes. Again, why might not all
thefe feveral Ranks of immaterial Beings be at fhrft
created in the fame efbate they are in at prefent,
without lapfmg from a higher to a lower condition
of life, as well as feveral forts of material creatures,
which were at firlb difpofed in the fame order they
(Fill hold ? If God could j his Goodnefs not with-
[banding, create fuch an innumerable variety of In-
fedbs, which are but imperfedt and half Animals;
then why might he not alfo, notwithlbandiug the
fame Goodnefs, create among fpiritual Eflences a
fpecies not more perfedb then humane Souls ? For
if the boundlefnefs of Gods goodnefs does not hin-
der but that fome Creatures may exifb in a much
more imperfedt Condition then others, then
neither can it hinder but that the Souls of men
might be placed in a much lefie perfedb con-
dition then other immaterial Beings. From all
which it followes, that it cannot with the lealb
pretence of Reafon, be argued from the Nature
of Gods Goodnefs, that the Souls of men did
cnce preexifb in the happieft (bate, which Beings
of their Nature are porfibly capable of enjoying.
As for their Arguments-taken from the Provi-
dence of God^ their whole force Centers in this
one
mm—mm
Of the Preexiflence of Souls. 61
one difficulty, that God has not taken fufficient
care for the happinefs of his Creatures, but has
left them too obnoxious to Sin and Miferie; now to
affoil and clear this Objection, I need only evince
that the Divine Providence has made not only fuf-
ficient but large provifions for the Happinefs of
Mankind. But I fhall not be content nakedly to
anfwer their Objections, unlefs I can confute them
too; In order to which, I fhall undertake to do
thefc two things, (1.) To propofe a plain and eafie
Hypothecs, that gives a rational and fatisfattory
account of all the forementioned Phaenomina of
Providence. And then (2 .3 To fhew that Man-
kind is not only endued with fuch Faculties, by
the ufe whereof he may arrive at the higbeft de-
grees of Vertue and Happinefs; but alfo that we
have the greateft Endearments and Advantages in
the world, to engage and affift us in a diligent and
vigorous profecution thereof.
My Kypothefis is this, That it has plea fed Pro-
♦ vldence to place mankind here in an immature and
more imperfect Bate, that fo we might in a way
congruous to free and rational Agents by degrees
befitted for, and at length arrive at a better and
more raifed condition of life. As in nature all things
commence their Beings in a rude and immature
Bate, and make orderly progreffions, to farther de-
grees of maturity, 'till they arrive at the utmoft
per-
62 Of the Preexiftence of Souls.
perfections their Beings are capable of • fo is man-
kind Created and born into the World as it were in
the Spring, in a Budding and Bloffoming feafon,
that fo we may by proceeding forward in the dif-
fering Periods of our lives, grow up to higher and
more excellent Capacities, till at length we ripen
into a Bate of maturity and perfection. Our na-
tures are at firft fomewhat rough-caft, to the end
that they might be refined and polifhed by Vertue
and Religion ; fo that 'tis the main ( and perhaps
only) defigne of Religion to perfeCt and advance
our Natures, and make us capable of a higher and
more noble condition of life. Now Pneedrlot de-
claim and expatiate upon the neatnefs and confi-
ftency of this Hypothecs, when we know by ex-
perience that 'tis the way and method pitch'd upon
Dy Providence to conduCt mankind to its PerfeCti-
on, it being an Oeconomy hugely agreeable to all
the defignes and purpofes of Religion,the Natural
tendency whereof is to raife us to higher Capaci-
ties and nearer approaches to the Divine Nature.
This gives a more general Reafon of the prefent,
low and imperfeCt condition of mankind, but that
I may give a more certain and perfpicuous account
thereof, and more clofe to the main Origenian
objection (i viz,, why God fhould put pure and im-
maculate Souls into thefe diforderly BrMtifh Bo-
dies) I fhall make my Hypothefis more dif inCfc
and particular. Man-
Of the Preexijlence of Souls. 6 3
Mankind then is an order of Beings placed in a
middle (fate between Angels and Brutes, made up
of contrary principles, viz,. Matter and Spirit, en-
duedwitb contrary Faculties, viz,. Animal and
Rational, and encompafs'd with contrary ObjeCts
proportion'd to their refpeCtive faculties, that fo
they may be in a capacity to exercife the V ertues
proper and peculiar to their compounded and he-
terogenial Natures. For the perfection of humane
Souls does not confift in an effeminate Beauty,
and Phyflcal proportions, but in a manly courage
and moral accomplifhments, as at the Olympick
Games there was no regard had to Beauty and
Neatnefs, they only were capable of honour and
imputation, who had courage and patience enough
to combate. And the life of man in this world is
nothing elfe but an Olympick exercife, God ha-
ving placed us here not to admire the native Beauty
and Perfection of our Beings, but to exercife our
felves inthe conflicts and difficulties of Vertue;
therefore the worth and praife of the Soul, confifts
in a Bravenefs and Gallantry of Spirit, when it
fcorns to be ufurp'd upon by thofe faculties that
ought to obey her , and checks and controules all
their unruly and tumultuous exorbitances by her
ownfovereign and imperial Laws, and refolutely
defends its own Authority and Prerogative againfV
all the furious and rebellious attempts of Paffion
and
64 Of the Preexifencc of Souls.
and Concupifcence. And therefore though humane
Souls be capable of fubfifting by themfelves, ^ yet
God has placed them in Bodies full ol bruitifh
and unreafonable Propenfions , that they might
be capable of exercifmg many choice and excellent
Vertues, which otherwife could never have been
at all; fuch as Temperance, Sobriety, Chaftity,
Patience, Meeknefs, Equanimity , and all other
Vertues that confift in the Empire of Reafon over
PalTion & Appetite. Religion is common to Men
and Angels,appertaining to them purely as Spirits,
butVertue is proper toman alone, and belongs
to him as a Being made up of contrary principles,
whence fpring contrary delires and inclinations, in
the good or bad Government whereof confifts the
NacureofVercue and Vice, & upon Ais f core >tis
that Vertue is never attributed to God,becaufe be-
ing of a fimple 8t purely fpiritual nature, he has no
unruly paflions and fenfual Appetites to Govern.
And therefore the Platonifts, though they place
all Intellectual Vertues i» hi ^e
abftraCted Soul, yet they will have all moral ones
refide « id vs in the Compofition, denying the
naked Soul to be capable of moral Good or Evil,
thefe belonging only to the whole whicn refults rom
Soul and Body ; tJ <rMntv faies Plotinus.
And this (by the way) is their meaning, when they
unanimoufly refolve that grand perplexing en-
Of the Preexijlence ofSou/s^ 65
quiry r* x**« into the terreftrial Uyle • becaufe
our material Principle^by reafon of its intrinfique
dulnefs and ftupidity, naturally hinders and ob-
ftruCts the intellectual efforts of the mind 3 and in-
clines it to the love of material and fenfuai objeCfs,
which if it futfer it felf tobefo far immerff into
matter as to perlue only or chiefly the fatisfaClion
ofitsgrofs and fottifh Propei fities 3 thence natu-
rally ipring all thofe Irregularities that pafs under
the name of Moral Vices. And this account of
the Origine of Evil, is not fo devoid of Reafon, as
fome Learned men would perfwade us. For [1] it
does not cas is objected) make matter to be effen-
tially eviUbut rather the occafion thereof from its
extra-effential union with the foul. Nor (2.) does
it make the existence of evil natural and neceHary 3
for it dos notafiert that it refults from the nature
of matter (as they would make us believe) but only
an accidental effeCt thereof after its union with
the foul 3 in that from the (luggifhnefle of its na-
ture, it inclines the foul to the love of grofs and
material objeCts • and if the foul be fo carelefie as
to yeild to its inclinations,it becomes the voluntary
caufe of its own evil. But you will think my Pen
very unruly if it be fo apt to flie out into Digrefli-
ous, when ur in fo great fpeed 3 and therefore I
return.
Now becaufe the nature of Vertue confifts in
K , the
66 Of the Preexifence of Souls.
the minds governing the Bruitifh and Animal ap-
perites and motions of the body, Providence has
furniOi'd it with inftruments convenient for that
pnrpofe; for having its principal and commanding
refidence where theNerves that convey
all motions arid impreffions backward and forward,
have their Original, 'tis able by its immediate in-
fluence upon them to command and bridle all the
Animal motions of the Body. Thus becaufe all ex-
cefs of Paflion conflfts in an irregular motion of the
blood; the Nervesf which the foul ufes as its reins]
are twifted about the veins and arteries, that fo by
contracting them, it may be able to refrain and
check the Impetuofity of the Bloods motion, and
confequently curb the eager and unruly paffion;
as when for example fuch anobjeCt is prefented to
us, that naturally provokes to anger, which main-
ly confifts in a violent ebullition and fervor of the
blood about the Region of the Heart, which vio-
lently hurrying from thence into the Brain, difor-
ders the motions of the Spirits there, and fo by
confounding the phantafms that lodge therein, di-
fturb all its conceptions and operations; then does
it concern the Soul to abate and cool this unruly
heat, which is effected by reftraining the violence
of the Torrent, which is effected by its influence
upon thofe Nerves that are the paffage and high
way from the Brain to the Heart, And therefore
Of the Preexifence of Souls. 6* t
the Providence of nature has made a peculiar
paffage for commerce between the. f/ .... ,
Head and the Heart in Man, where Anat/ cap, al '
it has made none in Beails 3 viz,.
whereas the Procardia of Bealts are furnifhed
with nervous branches only from the Parvayum
to fupply the vital functions with fpirits 3 in man
there are peculiar large branches, derived from the
Intercofal Nerve into the fame region, only for a
way of commerce between the Brain and the Heart,
and palTage of the Animal fpirits from the one to
the other., as need fhali require. In fo much that
we may define Prudence and Virtue to be nothing
elfe but a due commerce between the Brain & the
Heart (which Plotinus only exprehes more abilra-
£fcedly,whcn he defcribes it to be avfip»yia, im3vpn7uit!
wgpetoyifftb) of which the fore-cited machlefs Au-
thor fupplys us with a clear Example., viz,, that
dilledting a Changeling or Natural Fool, the
chief defeat he could difcover in him was, that this
Plexus of the Intercojlal Nerve , which is proper to
the body of Man, and is the way of commerce for
the Animal fpirits between the Heart and the
Brain was exceeding fmall, and its branches very
thin. Py reaion whereof., his Soul could have but
very little command over his Paflions and Appe-
tites, in the impotency and irregularity whereof
coiififts the nature of Folly.
K 2 The
6o Of the Preexijlence of Souls.
Therefultof all is this, that mankind is com-
pounded of contrary Principles, endued with con-
trary defires and inclinations, to the end that there
might be an order of Beings in the world (without
which there would perhaps have been one Species
wanting to compleat the Univerfe) capable of all
thofe Heroick Vertues, which confid in the
Empire ofReafon over the brutifh and fenfual Fa-
culties. As alfo that by the right ufe and emprove-
mentofour fuperiour Powers, we might be railed
to greater Capacities, and qualified for higher and
more divine Accomplifhments. So that man feeing
to differ from the Angels only in this, that he mud
by conqued and indufiry win the happinefs, which
isentail'd on their Natures; for when we be-
come uiyytKu in our difpofitions,we fhall be made
{o too in our enjoyments; the Divine Goodnefs
having gracioudy appointed , that when the
Soul is fo far advanced in Vertue , as to live
above the reach of ail its Paffions and Defires,
that then it fhall be tranflated into a more
free and difmtangled date , where it fhall be
neither enticed nor vex'd with the importunity
of thefe lower and bruitifh Appetites , but
fhall enjoy the Serenity and Pleafures of a pure
and intellectual Being, as the Reward of its for-
mer Pains and Indudry. As on the contrary, when
any man fuffers his paffions and Brutilh Appetites
to
^
Of the Preeminence of Souls. 6$
to beat Reafon out of its Throne, and to run head-
long into an ungovernable Anarchy, he degenerates
from humanity, grows incorrigible in fin, and finks
fo deep into the Animal life, as to be made unca-
pable of aCting Vertuoufly, and fuitably to the ends
of his Being ; and thence is congruoufly doom'd
to the Portion of degenerate and apellate Spirits,
as being fit for nothing elfe. So that the whole
defigne of Providence, in fending us into this world,
is only that we may in a way congruous to ratio-
lial Agents, prepare our felves for another; and
therefore the Souls of men fhall at their departure
hence, be Bated in a condition proportion'd to their
good or bad Qualifications. I am apt to be pofi-
tive and dogmatical in this Hypothefis, not fo much
becaufe it gives a rational and fatisfaCtory account
of Gods fending pure and innocent Souls into Bo-
dies full of brutifh and irregular Inclinations, as be-
caufe it exactly agrees with the Condition of our
[Natures, with the natural tendency of Vertue and
Religion, and with the whole Oeconomy of Provi-
dence in conducting mankind to their future hap-
pinefs. Not to mention its confouancy with Saint
Pauls Hypothefis, in his Account of the Civil and
InteBine War between the law of the Mind and the
law of the Members.
And now having laid my Hypothefis, I come
tolhew (i.) that mankind is endued with fuch fa-
culties.
*]0 Of the Preexiftence of Souls.
culties, by the ufe whereof, he may attain to the
higheft degrees of Verttte and Happinefs * (2) that
we have the greateft endearments and advantages
in the world to pufh us forward to a diligent and
vigorous Profecution thereof. And if Vertue and
Happinefs be in oar own power, and if we are in-
vited to purfue and endeavour after them by the
greateft endearments and perfwafions,then certain-
ly Providencehas placed us in a fufficient capacity
of being happy, and it it happen that we fhould at
laid; be abandoned to Mifery, we muft owe it to
our own choice and prodigious folly.
1. Fir ft then, Mankind is furnifhed with fuch
faculties, by the ufe whereof he may arrive at Ver-
tue and Happinefs. To evidence this, 1 require no
other Poftulatum, then that which is the great foun-
dation of all Religion and Morality, "Viz*, that the
Mind of man is endued with Reafon and Under-
(landing, able to difcern the edential differences of
Good and Evil • and with Liberty and Election,
able to choofe and purfue the one, and efchew the
other. This (1 lay) is a Poftulatum fo juft and e-
vident, as that it cannot be denyed without de-
ftroying not onely the Nature of Good and Evil,
but of Man himfelf; For if in any thing we differ
from Brutes, 'tis in the Reafon and Liberty of our
minds, all our other faculties we have in common
with them, 'tis thefe alone that are the peculiar
Prero-
Of the Preexijlence of Soulf, <y j
Prerogatives of humane Nature,and therefore with-
out them we may be Sheep or Oxen, but not Men..
Separat hscc nos
A grege mutorum, atopie ideo Denerahile f ill
Sortiti Ingenium, diDinorumaue, capaces,
Jtopie exerce'ndis capiendijque Artwus apti 3
Senfum a calejli demifum traximus Jrce.
However thefe are the efficient Caufes and necef-
fary Foundations of all Morality ; for no Action
can be morally Good or Evil, but what we can
choofe, and concerning which we can deliberate,
becaufe without them all our Actions would be
either Cafual or Fatal, and the meer Iffues of
Gnance or Neceffity, and by confequence, as un-
capable of being moral, as thofe motions that re-
fult purely from Mechanical Powers., as I have al-
ready (I think) demonftrated, in what I have dif-
courfed concerning the Freedom of the Divine
Goodnefs. And now, if the mind of man be a de-
liberative and elective Principle, able to difcern be-
tween Good and Evil, Happinefs andMifery, and
to choofe the one and refufe the other, then tis at
its own choice, and in its own power to be Ver-
tuous and Happy 5 for no body queftions but that
Goodnefs and Happinefs are much more eligible
then Vice and Mifery, and therefore if men are a-
ble to diicerii, and choofe that which is bell, their
Hap-
72 Of the Treexiftence of Souls.
Happinefs and Mifery depend upon their own wills
and their Portion, whether good or bad, is the re-
fult of their own choice; and certainly they that
can be vertuous and happy if they will, are in a
fair capacity of being fo.
From hence it follows, that the mind and ratio-
nal part of man is Superior and Predominant, not
only endued with Power, but alfp inverted with
Authority toGrovern the inferiour and brutifh part,
which is of a flavifh and fervile nature, and made
to obey. Reafon is uppermort, and has the bri-
die in its own hands, and is rtrong enough to ma-
nage the wildeft and mort untraceable Paflions.
There's no appetite within us uncontroulable, no
inclinations fo rtrong and fatal, which reafon cannot
mafter ; natural Propenfities can only tempt, but
not command our Souls; they may encline,but can-
not force them; and our minds are never vanquifh-
ed, but when they betray themfelves. Briefly,
none of the charms of Concupifcence are fo power-
ful and irrefiftible, but that Wifdom and Difcre-
tion can eafily diflolve and difenchant them. The
Truth and Reality whereof, I thus Argue, Either
the rational Part of man is able to command the
lower Appetites, or 'tis not; if it is, then is he fuf-
ficiently able to live well and happily, becaufe
Vertueand Happinefs are obtain'd by living up to
Reafon, and being conducted by its Laws ai.d mea-
fures
Of the Prcexijlence ofSouls, 73
fures; and therefore if our fuperiour Powers are able
togive check and controule to our brutifh Luffs and
Paflions; 'tis in our own Power to attain to vertue
& happinefs. But if the Superior part be not ffrong
enough to Govern the Inferiour, it deftroys the
very Being and Exiftence of Good and Evil, and
renders mankind utterly uncapable of Goodnefle
and Morality. For (ij our Irrational faculties
are unanimoufly acknowledged to be uncapable
of Moral goodnefs, becaufe they are aCted purely
by a necellity of Nature; and their Exertions, like
the Appetites of Brutes, and the Motions of Arti-
ficiai Engines, refult meerly from the Mechanical
Powers of Matter. And hence 'tis that our 1m-
ferate Attions ( i. e. thofe that do not iffue imme-
diately from the Will it felf, but are exerted at its
command, by fomeof the inferiour faculties that
owe it fubjedtion) are devoid of all moral Capa-
cities, as confidered abftra£tedly in themfelves, or
as proceeding from their immediate Caufe, ard
without refp?£t to the wills Authority, becaufe
when fo confidered, they are not free and volun-
t.iry 3 and therefore their being Morally good or
evil, is entirely derived from the Will, becaufe they
a£t only in obedience to its Commands. Nor (2.)
would our Rational faculties in this cafe, be capa-
ble of Morality, as being fatally determined by the
ffronger and irrefiftible motions of Lull andPafii-
L on;
74 Of the Preexijlence of Souls.
on; But the Actions that proceed meerly from
force and forreign Violence, are of all others leaft
capable of being moral, becaufe they do not only
not iffue from a free and felf-determining Princi-
pie, which is the greateff and inoft neceflary foun-
dation of all Morality, but alfo becaufe they are
not at all determined from their own Principle, but
are forced thence barely by the Power of an exterior
Agent. Befides this, the moral Goodnefs our
Superior faculties are capable of, would confift in
their Commanding and Governing the Inferiour,
but if they are not able to matter and rule them,
they cannot be fuppofed to be enjoyn'd to governe
them, becaufe nothing can be obliged to impoffi-
bilities; and therefore if our Superior Powers are
commanded to govern the Inferiour, they muff
have ftrength enough to do it. Wherefore, how-
foever fatal and boitterous our Bruititt propenfions
are, if there be any fuch thing as Religion and Mo-
ral goodnefs in the world, they muff be fubjeCt to
the command and difcipline of our Superior and
Governing faculties. From all which 'tis evident,
by a plain and undeniable deduction, that mankind,
notwithstanding the force of their brutifh Inclinati-
ons,is placed in a fair capacity of living well &. hap«
pily, which utterly dettroys all the forementioned
Arguments alleadged from this Phenomenon of
Providence, on the behalf of Preexiftence,
As
\
Of the Preexijlence of Souls. fj
As for the other part of their Argument, taken
from the cudomary Vices and Impieties of the
World., 'viz,, feeing that Cudome and Education
have a great influence upon the manners of men,
to make them good or bad, as alfo that the greated
part of the world has been always over-run with all
manner of lull and barbarity; for God to fend an
Immaculate Soul into an habitation into fuch parts
of the Earth, where reigns nothing but Vice and
Wickednefs, by which fhe cannot fail without a
Miracle to be over-born, is to betray his own of-
fpring unto unavoidable Mifery. 'Tis an objeCti-*
on fets too mean a value upon humane Nature, and
fuppofes mankind no better then Mufhrooms, as if
all men were but fo many Engines moved by the
wheels of Cuftome, and had not faculties within
them able to difcern of the good and evil of Cu-
domes, as well as of other things. I confefs cu-
dome has acquired great Power and Authority o-
ver the life of Man; becaufe the lives of mod men
are difpofed of by chance and cafual Principles,
they purfue thofe things with which cudome pre-
fents their Fancies, without ever deliberating of
their Goodnefs and Decency. You know who has
Pictured mankind comming into the World upon
Hobby-horfes • and truly (Sir) the Emblem would
perhaps have been as true, if he had reprefented
mod of them going out fo. Seneca long fmce com-
L 2 plain'd.
76 Of the Preexiftence of Souts.
lain'd, that the World was not govern'd fo much
y Reafon, as by Cullome; Men accounting that
mod: Ffoneft, which is mod in Pra&ife; and Error
when it becomes Publick, becomes Truth. Cu-
(dome is almofl every where fo confide! t, as to out-
j
face Reafon, and charge it of fwgularity, as indeed
the Wifeft men are the greateft Rebels to her
Ufurped Empire, whiltl fhe rides upon the fhoul-
ders of the People, who are almoll univerfally, not
only, her Slaves, but her Idolaters: For the rude
and vulgar fort of people, every where, judge of
things barely by their conformity to the Modes and
Fafhions of their own Country, and efteem all lor-
reign C'uftomes and Ufages inept and barbarous,
purely for their difagreement with their own Do-
meftick manners; and therefore I account the
Boors of Attica , and the common people of Greece
(in its moll: refined age) not lefs barbarous then the
wild and unpolifh'd Scythian , becaufe they were e-
qually Idiotical, and lived by no other Rule then
Prefcription, preferring the Cuftomes of Greece >2,$
the Standard of Decency, and judging of the good-
nefs of things by their Correspondence with the
Manners and Fafhions of their own Country, and
condemning all llrange and forreign ufages of bar-
barity, becaufe they agreed not with the Munici-
pial laws and cuflomesof the Town they lived in.
But the plain and evident Reafon of all this is, be-
caufe
Of the Preexifeence of Souls. - j - j
caufe the Idiocical fort of Mankind are Fools, and
live below the dignity of their Natures. For cer-
tainly Reafon ought to take the upper hand of pre-
fcription 3 & men that are wije&L confederate [i.e.thofe
Jt * that live as becomes men) will examine the nature
1 & reafonablenefs of cuftoms 3 & not relie upon their
aer Warrantie till they are fatisfied of their Goodnefs,
and adopt only thofe which they judge to be inno-
cent and laudable. Opinion is the guid of Fools 3
and to yield ones felf up to the Government of
-of Cuftome is one of the the grolleft inftances of
ttd Folly ; and his but a filly Apologie for fond or
oi* vicious Practices 3 to plead that 'tis the Cuftome
®i of the World : For no man can tamely refigne up
Do- the Authority of his Judgement to the power of
i At this little Monofyllable Tyrar.t (as Eraf nus accor-
Gmt ding to the quibling wit of his age terms Mos ) un-
entih lefs he renounce his allegiance to his Reafon 3 &live
tree- the life of brutes that alwaies follow one another for
then company. And therefore if Cuftome be theEmprefs
(C ( ; is of the world.,tis becaufe men delight in flavery^ and
^ abandon their Liberty to live in Chains., for if they
die would continue faithful to their own faculties^ and -
2nd own no other guide but their Reafons., ( which
^ doubtlefsly is the prime and fundamental duty of
^j. mankind) they would fcorn to fuffer themfelvesto
beopprefled andimpoled upon by fo filly a thing
as Cuftom. So that it men would but live luitably
to
1 % the Treexiftence of Souls.
to their Rationall Natures, the corrupted and &)
vicious manners of the Age and Place they live in,
could have no Influence upon their Practices • for
Cuftom is a thing without us, of the good or evil
whereof we are as well able to judge, as of other
things, (for we are not Parrots, but men born with
rational Faculties) and therefore if we impotently and
permit our felves to be feduced by it, we a6t un- dft
worthy the Faculties God has given us , and fo
deferv^dly forfeit the Happinefs that is due to our choo
Rational Nature. Here I might argue that if mens nil
Reafons were not able to bear them up againft groin
the Torrent of their Countries Vices, it could be Sup
no crime to be borne down by the violence of the wc
ftream, but I have already prevented my felf in this,
in what I have argued concerning the predominan- R
cy of ou r Rational Part over our lower Appetites • bJ
for how great foever the power of Cuftom may (fo
be, it cannot be more forcible then natural Inclina- - caj
tions, and 'tis much more eafie to deveft our felves V a[
of fuperinduced habits, then to alter that which is ^
radicated in our Natures; and therefore if we are 0 ff
able to correct the Vicious inclinations that flow
from the ftrudture and compofition of our Bodies,
we are much more able to reclaim or quit thofe \
vicious habits, we have contracted only by cafual t
and accidental ufages. We efteem it indeed a migh- j
ty bufinefs for any man to difcharge his mind from t
the
Of the Preexijience of SoulJ*. 79
the prepoffeffions of Cuflom and Education be-
caufe 'tis fo rarely pra&ifed; but if we coi fider
the nature of the thing it felf, nothing can appear
more eafie and practicable; in that all men are en-
dued with rational and reflecting Faculties, and no
aCtion cofts lefs pains then a reflecting thought,
and nothing more obvious and palpable then the
different Natures and Confequences of Vertue
and Vice ; and therefore every man that does not
choofe a Aupid In-advertency may with an ordina-
ry dilligence dilabufe himfelf from all the falfe and
groundlefs Preconceptions of a cuftomary Belief;
Superinduced difciplines may corrupt, but cannot
evacuate our natural Faculties, and therefore
though they may delude and inveagle our Infant
Reafons, yet when we are grown to an Age capa-
ble of Rellifhing morality, 'tis then as eafie to ca-
(hire all abfurd Cufloms, as it was before to be
cajol'd by them. As the Earth may fleam forth
vapours grofs enough to cloud the Sun, and for a-
while check the radiations of his light,yet the energy
of his Rays will at length vanquifh, and in fpite of
all their Refiflance break through the thickefl of
thofe benighting clouds, and enlighten that Globe,
which endeavour'd to darken him; And thus
though Cuflom, Prejudice, and Education, may
for a while cloud our Undeftandings, and intercept
the difplays of our Reafons, yet fo prevailing is
their
So Of the Preexifence of Souls.
their innate 'Brightnefs and Vigour , that ( unlefs
we our felves ftifle their emanations) they will both
difcover and difpel the grofleft delufions.
Having hitherto treated of the Forces within us,
I come now to difcover our Auxiliaries without,
and to fhewthatas we are endued with Faculties,
by the ufe whereof we may attain at V irtue and
Happinefs, fo alfo that we are aided and afifted
herein by the greateft endearments and encourage-
ments in the world , which is the next Theme I
propofedto difcourfeof.
As Pleafure then is mans chiefefF good, fo Vir-
tueishis higheft Pleafure, the Di\ine Goodnefs
has made it our duty to be happy, all the reftraints
that God has tied upon Mankind are fo many en-
gagements to confine them within the compafs of
their own Happinefs, and whatfocver lies be-
yo'nd the lines of our liberty , lyes beyond the
limits of our content, and to tranfgrefs them is
to ftep into continual hazzards & difquietudes.The
divine Wifdom has made the Portions of Vertue &
Vice to be as diffant as their Natures, having en-
tail'd on the one nothing but Sorrow and Calamity
and on the other nothing but Joy and Satisfaction.
The evil effeCts of evil Practices are fo fpontane-
ous and natural, that though there were no fuper-
induced Penalties, Wickednefs would be its own
Executioner, Mahtia iff a maximum partem Tenemfui
Of the Preexijlence of Souls.
libit ; every vice exacts the Pennance of its own
folly. All Criminal Pleafures conclude in Re-
pentance, and if men would but refolve to purfue
only »/•>»* pleafures that expire not in
Repenting (which is all that Socrates prefcribed
for the making men both vertuous and happy) we
fhould foon fee wonderful alterations in the lives of
Men in fpice of all thofe fatal Propenfities, concern-
ing which the Patrons of Preexidence make fuch
Tragical Declamations. Tranquility of mind and
Indolency ofbody, are the moll natural, mod eafie,
and moll durable pleafures in the world, thefe two
combined together, compofe the moll fovereigne
and Handing delight of the life of man: And that
man that is fo expert in moral Wifdom, as to be
able out of the Mafs of all his tranfient delights, to
extract health and contcntednefs, is as happy as
this world can make him: And yet 'tis the very
defigne of all moral Virtues, firft to render us ca-
pable of this Hate and then to procure it. Whereas
they that intemperately indulge to their tranfient
delights, becaufe they are more fenfual, do but ex-
change contlant liable Pleafures for perifhing un-
certain ones, and fuch as confpire to create lading
and permanent miferies. And therefore Eficuvus y
who having cafheir'd Providence and the Souls
Immortality, was confequently obliged to difcard
all moral Goodnefs, yet fet as high an edimate
M \ upon
2i Of the Preexiflence of Souls.
upon Vertue as any Philofopher of them all* be-
eaufe he apprehended it fo highly conducive to
Indolency of Body and Tranquility of Mind * in
which alone he expected his fovereign Felicity: fo
big a lye is it that he placed mans fupream Hap-
pinefs inBruitifhPleafures.
If in any refpeCfc Vertue and Religion intrench
upon the liberty of our Natures 'tis in the Inftail-
cesof fenfuality, and yet in thefe there is no other
redraint laid upon us* then that we live by the
Rules and Meafures of nature; and the Natural
Appetites of a Man are temperate and reafonable;
Nature defires nothing but what's ufeful and con-
venient* and its fatisfaCtions are as innocent as
neceffary: So that whilft we follow the dictates
and appetites of humane nature * we do nothing
contrary to Vertue and Religion : But when the
Man is divided from the Bead, and his Reafon fe-
paratedfrom the inferior and Bruitifh Appetites*
then arife irregular and unreafonable defires, but
thefe proceed meerly from the bruitifh part * and
are preter-natural and violent to the man: fo
that till we abandon Reafon and the better part of
our felves 3 Luft is a violence to our Natures and
fo far from gratifying our natural Propenfities*
that 'tis their greatell; contradiction. But if we
fhould fuppofe that Vertue confided in a perpe-
tual V iolence to ail ou-r Appetites and Inclinations*
yet
■■
Of the Preexifence of Souls, 83
yet its future reward being fo great and glorious,
there is no advifed and reflecting man, but would
exchange a fhort fads faCtion of his prefent defires,
for the hopes and aflurance of Infinite felicities
hereafter. It muff be a llrange piece of Folly and
Indifcredon to prefer the enjoyment of a fhort,
cheap, imperfeCt delight, before the hopes of the
Joyes of Heaven and Eternity: For fenfual gratifi-
cations are fo low St unfatisfying that to want them
can amount but to an inconfiderable miferie,
whereas the future pleafures that entertain our
hopes are as great as endlefs; and therefore to mifs
them muft needs be the faddefl difafter man can
fuffer. So that though I fhould grant the objeCt of
our hopes to be inevident 6c uncertain,yet any man,
that a&s beyond the Indifcredon of a Child, will
rather choofe to foregoe the prefent Enjoyment
of cheap and little pleafures, then the probable
hopes of the greateft and moilfatisfying Felicities:
For the naked hope and expectation of fo great a
Bleflednefs, is more pregnant with prefent content
and fatisfaction to the mind of man, then the en-
joymentofthe higheft and moil exquifite delights
of fenfe. But when the waies of Virtue are fo plea-
font, reafonable, and advantageous in themfelves,
as tliough they procure, yet drey need not promife
the Blefhngs of another world, and yet are fo en-
deared to us by their inefteemable appendant re-
M 2 wards,
1
84 Of the Preexijlence of Souls,
wards, as to make them delightful, though they
were unpleafant in themfelves , then certainly are
they recommended to our choice by the ftrongeft:
motives and allurements that can work upon a Ra-
motional Nature. Though the Profecution of this
Argument be as pleafant as 'tis copious, yet (befide
that I have not now leafure to purfue it through all
its particular inffances }thePu!pit has of late afforded
enough excellent difcourfes upon this Theme, to fu-
percede the neceftity of any farther Performance of
it. But if you defire tofee it difcourfea of in a more
Philofophick way, I refer you to Tully s Books de
VinibuSy where 'tis as Rationally as Largely after-
ted by Torquatus the Epicurean. And now, If Hu-
mane Nature be endued with Rational and refle-
dting Faculties, if it be mod natural and eafte for
thefe Faculties to choofe and purfue thofe objects
that are mod agreeable to their own Natures, and
mod.conducive to Humane Felicity; If Vertue
be moil: natural, eafie, and reafonable ; if it be en-
dear'd to us by prefent and future delights ; If
vice be contrar y to the Nature, lntereft, and Rea-
fon of men; if men have all the inducements and
Perfuafions in the World to purfue Virtue and
Groodnefsj and as great difcouragements to fcare
and deter them from the Profecution of Vice and
Impietie ; if I fay thefe things are fo, then I appeal
to ail Mankind whether die Divine Providence can
be
Of the Preexifence of Souls. 85
be juftly charged for leaving them too obnoxious
to fin and mifery. But I eafily forefee that you
will enquire, if all men have fuch pregnant engage-
mentstoVertue, what is theReafon of thealmoft
unanimous vicioufnefs of mankind., and that when
they have all the Reafon in the world to engage
them in an indefatigable purfuit of Goodnefs ?
whence comes it to pafs, that they fhould with fo
much eagernefs thwart both their Reafon & their
Interefts for the love of Vice and Wickednefs. I
anfwer, that though fenfual Inclinations, falfe Prin-
ciples, vicious Examples, and wicked Cuftomes,
may be inducements and occafions of it, yet the
only proper caufe is the wilful or ftupid Inadver-
tency of men. Inconfideratenefs is that jnn (as
th tBahms fpeak)the root whence all mifcheifs grow:
'tis thefpring&headof that torrent of wickednefs,
that has always overflown the greateft part of the
world. For if men would but look to the end of all
criminal Pleafures, they would eafily difcover in
them much more to avert, then to entice and court
their PaiTions; but when their Appetites are paf-
fionately let upon them, they grow wild and im-
patient, and will enjoy though they know tis death
and mifery they embrace. That no man mifcar-
ries but by bruitifhnefs and inconfideration, I might
demonftrate out of my precedent difcourfe for if
every man be endued with Rational faculties; if he
can
26 Of the Preexijknce of Souls.
can refle& upon the Effential differences of good"
and evil, together with their natural Products; if
he can obferve what things tend to his dam in age,
and what minifter to his advantage; And if it be
moll; apparent that vertuous Practices are infinite-
ly more conducive to the intereils and happinefs of
man then Vice and Luxury; then what other
Reafon can poftibly be aiTigned, why men are fo
unanimoufly vicious, but only becaufe they are wil-
fully or carelefly unreafonable ? But I need not
put my felf to the Charge of an Elaborate Difpute
to prove a thing that is evidenced by the furell and
moll obvious of Demonllrations, 'viz-, an Indudti-
on of particular Inftances. For if we confider the
{ingle Obliquities of every Individual man, 'tis not
only dafie to obferve how they defcended from care-
lefnefs and inadvertency, but alfo to convince the
man himfelf, that had he but reflected upon the
natural refults and events of his Criminal actions,
he would never have committed them: Take the
pevifnell Humorill in his hottell and mod tranf-
ported fits, and ask him whether it was not in his
own power to have refrain'd the folly of his Impa-
tience; I never yet met with any perfon fonnrea-
finable,whom I could not at lenghth force to own
them as avoidable Indifcretions; but if any perfon
fhould be fo crofs-grain'd as to plead a brutifh ne-
ceflity, it were very eafie by laying afore him the
circum-
Of the Tteexifence of Sok/f,
#7
eircumftances, upon which his Anger kindled, to
convince him that the Provocation was not irrefifli-
ble. How few are fo wife as to avoid a fruitlefs greif
and anxiety for pad, and therefore not avoidable
difafters ? And yet what proportion in Euclid more
pregnant with conviction then this, that 'tis the ab-
forded folly in the world to greive for lofies and
misfortunes; in that nothing can be more evidently
irrational, then by labouring in matters gone and
irrecoverable; to doable our miferies to nopurpofe ?
And what Cdunce! can be more unquedionably ra-
tional then the Advice of the Son of Syr'ach , about
Mourning for Deceafed Freinds. Tali?'nogrtf to
heart, for there is no turning again : thou (halt not do
him good, but hurt thy jelf , Ecclef. 38. 17, And
yet all men are fo foolifhly inconfiderate, afe upon
fuch contingencies, to affiiCi themfelves with a
greif equally fruitlefs and troublefome. What
Vice ailaults us with more peremptory and impor-
tunate Temptations then Intemperance, yet any
man that will be but at the pains of a Thought, to
reprefent to himfelf its unpleafant and direful con-
fequences, cannot but confefs, that its invitations
are fo far from being irrefidible, that 110 man can
comply with them without the imputation of the
mod apparent Madnefs and Folly. For who but
Mad-men can be enamour'dof (routs, Dropfies,
Catarrhs, C.onfumptions, broken Sleeps, redlefs
Nights,
is
8S Of the Treexift ence of Souls.
Nights, loathing Stomacks, and every thing that
is deftru&ive of health or life ? And that thefe un-
eafie Symptomes are the natural Appendages of
Intemperance, both PMiofophy and Experience
allure us. Whereas Temperance is a healthful
and delicious Vertue, moderate diet creates no in-
difpofition either to the Body or the Mind; the
Temperate man rifes from the Table light and
chearful, and truly reiifhes the pleafures that the
Epicure defigns; But Luxury, as it adds nothing
to the pleafures of Temperance, fo it both afflicts
us with a prefent dulnefs, by loading the Brain
with crudities, and lays up materials for future di-
feafes, by loading the blood with raw and indigefted
humours. Though I am not fo Stoically vaine,
as to vye Power and Majefty with Kings and Em-
perours, yet fure am I that all the fumptuousEn-
tertainments of Pallaces, afford not fuch exquifite
dainties as are ferv'd up by Temperance; Con-
ft ant fatiety makes us loath the mod refined deli-
cates, whilft hunger prepares fuch fawces, as J ft-
cm with all his witty Gluttony,could never taft of;
and therefore Epicurus (that great Exemplar of a
Philofophick Temperance) was wont to fay, that
give him but Hunger, Pulfe, and Water, and he
would vye delicates with JoDe himfelf. Nowcer-
tainly, if men would but reprefent to themfelves
the troublefome Appendages of intemperate eating
and
Of the Preexijlence of Souls.
t ' and drinking 5 110 morfel could appear fo delicious,
in- or wine fo pleafant, which they could not with
of much lefs trouble forbear, then fuffer all the un-
ce eafie fymptoms of a tired and overloaded Appetite,
ill And although this is obvious from every days ex-
n- perience to every mans obfervation, yet how few
:he are they, that can flint their Appetites at the ne-
ind ceflities of Nature, though they are certain that all
it they devour beyond che fatisfadtion thereof, ends
fling in fur let and oppreffion, only becaufe moll men are
ids fo bruitifhly fottifh, as to facrifice all the contents
sin of their lives to a moments tickling of their Palates,
ii- ' - and like Beads, grow wild and impatient to enjoy a
M trifling pleafure, which they know will expire in
[®e 5 loathing and redlefnefs.
The Mafs and Community of Mankind,is but an
Aggregate of Individual men, of whom the com-
j U ;[ lt£ mon and mechanical fort of people ( a word of a
On, vad extent) are incomparably the greater number ;
jj e Ji. who yet are utterly fenfelefs and inconfiderate, and
■jji. fuffer themfelves to be difpofed of purely by chance
ijf 0 f and accidental Principles, and are fo prodigioufly ;
0 f a regardlefs, chat they will not put themfelves to the
i v trouble of thinking, whether the ufages Cuflome
j j, f has taught them, are wife and rational. And hence
it is that they are always floating between contrary
Vices,and are not a lefs contradiction to themfelves
then to Vertue • one while thev are bafe and fer-
N ' " vile,
$6 Of the Preexifence of Souls.
vile, another proud and infolent; now ftubborn
and refraCtory, anon inconftant and changeable ;
envious and maliciois, yec fordid and fenfelefs to
honour; credulous and talkative, yet morofe and
fullen; ignorant and t\upid 3 yet cenforious and
fcornful • Idolaters of cui'tome, yet Seditious and
defirous of novelties: and hence as they chance to
be fwayed by cuftome, or any accidental emergen-
cies.they rowl to any extream without letting bounds
to their unruly progrefs 5 and if they be filtered to
run without reftraint, they will break down all the
banks of Law St Government; and therefore tis the
main wifdom and policy of Governors (who are de-
puted by Divine Providence to undcrftand and confi-
der for them] to check the violence of the Tide., by
fwaying them backwards by contrary laws 3 <k to keep
them fluctuating between both Extreams,& fo by
alternate Fluxes St Refluxes, to preferve the Com-
mon-wealth from popular Inundations. Thus
they mud be kept from finking into too much ig-
norahce, or rifing to too much knowledge in mat«
ters of — for the former renders them falvage,
which is apparently deflruCtive to Government;
the latter makes them proud, conceited, and zea-
lous, that breeds contempt of Governours, and fets
them upon headlefs plots and defigns of Reforma-
tion, that ufually proceed to Rebellion, and end in
a deluge of civil Wars, as the experience of all ages
fuffici-
Of the Preexiflence of Souls] ^
fufficiently attefts, and our own too fadly demon-
Urates. But the Reafon of all this, and much
morej is becaufe they are unreafonably wilful and
inconfiderate, for nothing but inadvertency dilbin-
guifhes them from the wife and under Handing part
of mankind. To conclude therefore., if a fottijflh
and regardlefs ftupidity be the proper caufe of eve-
ry fmgle obliquity (of which every man will be
fatisfied, that fhall confider of every actions parti-
cular circumftances) 'tis evident by a very eafie In-
ference, that all the wickednefs in the world muff
be its effect: For the caufe of every Individual,
and the whole fpecies is the fame, and therefore
if every particular lm be the effect of Inadvertency,
all fin muft be its iffue.
Of which the wifefl: and moft experienced of
men, was long fince eminently fenfible, whence it
was that he has fo earneibly recommended to man-
kind confideration and advertency, for the wifdom,
he parabolically reprefents in his Book of Proverbs,
imports nothing but confideration, dilcretion, and
weighing of things in oppofition to that folly and
ftupidity which betrays men to thofe immoralities,
from which he there fo afliduoufly dehorts the foils
of men. And that this is the only true and genu-
ine fenfe of that Book 3 any one that fhall but read
it over with a mind clear of thofe rafh and unwar-
rantable glofles Commentators have faftned upon
'
tfi Of the Preeminence of Souls.
it, will eafily acknowledge, both by the Tenour of
the difcourfe, and by the original fignification of
thofe terms,by which he exprefles the wifdom there
Celebrated, and cheifly by thofe peculiar Proper-
ties he attributes to it,many whereof can very hard-
ly be applied to any thing elfe. And now, if folly
and inconfideratenefs be the Origine of the general
and unanimous Apoftacy of mankind, then judge
whether their crime be not of all others (rot excep-
ting even Peevifhnefs and morofenefs themfelvesj
the hainoufeff and moft inexenfable, for befide that
'tis aggravated by all the circumftarxes that can
enhance its guilt, nothing can be bafer and more un-
worthy of a man; for if the dignity of humane na-
ture confiits inReafon, then certainly nothing can
be more bruitifh and unmanly then to abandon its
ufe, and thereby to difrobe our felves of our highetp
Prerogative, to renounce the Glory and Priviledge
of our Natures, and in defiance of our Creatours
Goodnefs, who made us Men, to prefer the con-
dition of Bruits and unreafonable Creatures, and
in a word to difmount our Reafons, that Provi-
dence has placed in the Sadie, that the Bruit might
Ride the Man.
Thus (Sir) have I replyed to,and clear'd off, the
main Ratiocinations urged on behalf off Preexi-
ftence, and have not declined or fhuffied' of any
Argument for its difficulties but have been careful
that
Of the Preexifence of Souls. 93
that the Account I have given you might be as
faithful as fatisfaCfory : If therefore I have omitted
any objections, 'twas not becaufe I could not, but
becaufe I need not anfwer them , either upon the
fcore of their being too inconfiderable, or of their.
entire dependance on the Arguings, I have here
encountred; and therefore having undermined and
ruin'd their Foundation, I fuppofe it would be but
a fruitlefs and impertinent piece of fervice to be-
leager them by a particular onfet. I have [Sir) fo
ftrong an antipathy againft all Impertinency, that
in all enquiries I have the patience only to examine
the moil: weighty and confiderable reflections, af-
ter which the lefs concerning matters will as little
want as merit Confideration, and therefore Iha\e
not only waved all their pretty gay Probabilities,
apprehending them fub jedts too frivolous for feri-
ous and rational difcourfes ; but have alfo forborne
a^ Duels or Perfonal Combats, having all along
only oppofed the Hypothecs, not its Patrons 3 for
I have taken no notice of the particular mifcarriages
of any Adverfary, and have no where objected the
Inconliftency either of any Author with himfelf, or
of more of them with one another, unlefs where it
is apparently the fault of the Hypothecs, and not
the overfight of the Men. For I muff confefs (Sir)
I am fo far from quarrelling either with the Anci-
ent or Modern Patrons of Preexiffence, that I pe-
: culiarly
94 Of the Pveexifence of Souls.
culiarly efteem and honour them as Perfons more
then ordinarily Learned and Ingenious; and there-
fore though I might perhaps have triumphed over
fome weak paffages of particular Authors, yet I
have fcarce been lefs careful to pafs by their weakeft
then I have been to affault their ftrongeft objeCti-
ons.
The mod remarkable things I have purpofely
omitted are thofe conclufions they draw from the
Nature and Subftance oF the Soul, all which I
have flighted * becaufe we are fo utterly ig-
norant of the nature of the Soul that 'tis impof-
fible to deduce any fure 6c folid Speculations from
it: 'Tis I know as eafie a bufinefs to imagine Hy-
pothefes concerning things, whofe natures are pla-
ced beyond the Reach of Humane Inquilition , as
'tis for the T(ofi-Crucians (for the confirmation of
their Frenzies) to tell us of itrange Books, Monu-
ments, Infcriptions found in the inmolt and remo-
teft parts of China y Japan, and Tartaric y becaufe in
fuch (lories they are fecure from all Contradiction:
But the difficukie is to give us evidence of the
Truth and realitie of their Conjectures - 3 For when
they have contrived and polifh'd a neat and inge-
nious Idea of the Soul, how can they allure either
' me or themfelves of its agreement with the thing
it felf ? And therefore of them that pretend to ac-
quaint the world with true and real notions of its
Nature,
Of the Preexiftence of Souls. $5
Nature,I demand by what means or methods they
attain'd their knowledge 3 for if they came by it in
a Rational way, they are able to fnew by what
Heps and Ratiocinations they arrived at-it, but be-
cauie this they have never performed, they mull;
give us leave to look upon their Hypothefes as the
meer IlTuesand contrivances of their own Fancies.
Tis not therefore enough to coyn Ideas of the
Soul, and (lamp it, with what eHential Characters
and Properties they pleafe, unlefs they can affure us
of their realConformity to the thing it felf (it being
otherwife precarious and uncertain) but as nofuch
allurancew as as yet ever given, fo when I confi-
der the waies and methods of gaining acquaintance
with the Natures of things, I defpaire that it ever
will: For though I may by Rationacination obtain
a clear and certain evidence of the Real Exiftence
of many things, of the Elfential Ideas whereof I am
utterly ignorant, yet am I allured by diligent and
impartial Trials, that all the ObjeCts and Ideas
I could ever with all my InduEry underlland were
conveyed to my mind through the Organs of fenfe.
But whether any certain knowledge of the
Nature and Subflance of the Soul be attain-
able or not, I am fure 'tis as yet undifcover'd, and
fo altogether unqualified to be the Ground -of any
true and certain Knowledge, in that where the firld
and Fundamental Principles are inevident, all the
Ratio-
<^SSH
96 - Of the Preexijlence of Souls.
Ratiocinations depending on them [ how coherent
foever in themfelves) muft of neceflity be fo too.
And therefore, for Inftance , when they conclude
againft the feminal Propagation of Souls, becaufe
'tis one of the prime and cheifeft Properties of a
Spiritual effence to be indifcerpible , they argue at
a high rate of confidence and impertinency,becaufe,
though perhaps the foul may be indivifible, yet they
are not able to produce the lead tollerable E\ idence
thereofjbeing utterly unacquainted with its Nature
and Eiknce; and then though perchance it may be
indifcerpible in its primary and central fubftance,
yet who knows but it may, as well as the Body,
have its feminal Excrefcencies ? I am not more
concern'dfor the Hypothecs of feminal Tradu-
<ftion,then for the other of Immediate Creation,
for they are both to me equally uncertain,and confe«
quently indifferent. For as the only material obje-
Ction they affault the former with, is that ground-
lefsonel but nowmention'd, fo they object no-
thing fingly againft the latter, but its inconfiftency
with the Divine Croodnefs to place pure and fpot-
lefs fouls in fuc'n evil and fad Circumftances, as in-
vironus in this life ; but this objection as it equally
concerns all the Adverfaries of Preexiftence, what
other foever particular Hypothefis they adopt, fo
'tis already abundantly anfwered. So that 'tis not
at all material whether the reality of either or nei-
ther
-1
■HI
mas
Of the Preexijlence of Souls; yj
ther of the forementioned Hypothefes be fure or
evident, for notwithftanding all that is objected
either of them may , and therefore 'tis of no
concernment which is.
And now [Sir) though both my Patience and
my Pen begin to fail me, yet am I obliged as well
by my Promife as my Method, to confider the
mo(\ plaufible parages of Scripture the Patrons
of Preexiftence altedge on behalf of their Hypo-
thefis; but the application of the Texts, they pro-
duce to their defigne, is fo lamentably forced St fri-
volous, that it will fcarce excufe a lerious anfwer
from being ufelefs and impertinent. I know not any
one Theological fpeculation, that cannot boaflof
more Favour and Countenance from Scripture,
then this pretends to. And if you will but parallel
the periods of Scripture made ufe of, in a fmall
Pamphlet you have, to prove Mulieres non ejfe
Homines , I am confident you will difcern fo
vaft a difproportion in their evidence , as to
acknowledge that if the latter may be accounted
probable inducements, the former will amount to
Demonflrations. And therefore perhaps 1 may
render my felf not lefs ridiculous by encountring
them with a ferious Reply, then that grave Dutch
DoCtor, who has with mighty tranfports of zeal
oppofed himfelf to that waggifh Pamphlet,and has
conjured up all his Dutch or Syftematick Ortho-
O doxy
—
Fm
toca
4tN>
fid
and HI
what
2p/li
to$f
- lami
Cull
wliai
< toi
ptei
1
ii
ti
. P
bo
re
H
tk
A
98 Of the Preexijl ence of Souls.
doxy to confound that blafphemous Herefy as him-
felf diles it. But having begun, I mud to avoid all
fufpicion of fhufling, plunge through • And though
their Scipture-evidences do not merit a refutation,
yet through fome mens Ignorance ar.d others Par-
tiality they need it. Had I been left to my own
choice, I fhould not have at all concern'd the Au-
thorify of the Di\ine Oracles in this difpute. For
fofenlible am I of that violence and injury they
fuffer from our prefumptuous forcing them to be
parties in our own trivial and imaginary fpeculati-
ons, that I am exceedingly averfe from making any
ufe of their fuffrage,unlets it be in matters of grand
importance, and with all very evident and confo-
nant to its main intendment. 'Tis the fafhiona-
mongd Opinionids to Argue in a reverfed order,
fird they contrive Opinions and then Arguments,
they adopt Hypothefes, and then fuborn Tedimo-
niesoutof'the facred Volume to vouch them:
lik QCbryfippiif, who (as Laertius records) was wont
to fay, that he only wanted opinions to vent, but
would never want Arguments to defend his opini-
ons. And thus the AOcrtors of Preexidence feem
firll; to be enamoured with the Prettinefs of their
Hypothecs, and then to feek out for Scripture
expreffions tojcountenance it. For all the teflimo-
nies they alledge would rever have afforded the
lead intimation of it, had it not ffrd prepoffed their
Fancies:
Of the Preexiftence of Souls, 99
Fancies: Of which fome of them are fofetTbleas
to confefs, that though they do not perfwade their
Hypothecs, yet they are applicable to it. But I
wifli they could name any opinion, howfoever vain
and unwarrantable , that cannot boall as much - 3
what's more eafie then for Fancie to make pretty
applications of Scripture to purpofes valily di-
Ltarit from its own, efpecially if we confider how
large and mifcellaneous a compofure the Holy Vo-
Lume is ? They woo are acquainted with the
Cuffomes and Tenets of the Modern Jews, know
what pretty Analogies they fetch from Scripture
to abet their fond and ridiculous ufages,indeed their
prettinefsis fo odd and furprifing, that were it in
any other matter, they would be as delightful as
impertinent.
But tis time to advance to a clofer and more par-
ticular engagement,the few hours that remain obli-
gin® me to a quick and (I fear) overhafty difpatch:
but before I clear off the Texts they object, I will
reprefei t a paffage or two on my own behalf. And
firff methiiiks that's a fnrew'd one T\om. 9. n. For
the Children heing not yet horn 3 neither having done ei-
ther good or e "Vil 3 that the purpoje of God according to
eltftion miohtftandy not of works hut of him that calleth.
They that were not in a Capacity of doing either
good or evil before they were born, neither exiffed
nor fin'd before - 3 But neither Jacob nor Bfau were
loo Of the Preexifence of Souls.
in a capacity of a&ing well or ill, before they were
born into this life, and therefore nor they, nor (by
confequence) any others preexifted. For (ij 'tis
too pittiful a drift to fay that all other men , Jacob
and Efau only excepted, were in Being before their
Appearance upon thisftage of life. And (2.) 'tis
moftexprefly againtl the whole dcfigne of the A-
poflles Argument; the Purpofe of whofe Di-
lcourfeis to fhew that Gods vouchfafing greater
Inftances of his Favour to Jacob then to Efau pro-
ceedednot from any extrinlique motive of greater
merit in him , but purely from the free deter-
mination and beueplaciture of his own will,
in V% t f y»y but iKK*yh ik ©•«: Now this he proves
becaufe the Choice was pitch'd upon before they
were born, and fo before they had done either good
or evil. But if the fouls of men had been in a ca-
pacity of a&ing morally, before their delcent into
this life, then has the Apoftle argued at a drange
rate of inconfequence , when he concludes that
Gods different dealing with Jacob and Efau depen-
ded not 011 their own Adtions, becaufe the diffe-
fence was refolved on before they were born , and
confequently before they had done good 01 evil. If
therefore the Apofties conclufion be confonant to
the Laws of Inference, it mull be unquestionably
certain that the Souls of men never adled before
they were born into thefe Bodies.
There
Of the Preexijlencc of Souls. lot
There are a brace of Texes more* that I con-
ceived would* without any torturing* -give in evi-
dence againft Preexiftence* but I find that its Pa-
trons have already fuborn'd them to fpeak in their
Caufe* and therefore I that am a modeft man
muft be content to give up my Right in their
Teftimony* and to Encounter them as objections.
The firfl; is our Saviours reply to his Difciples
enquiry about the man born blind* J oh. 9.3. Nei-
ther has this man fin'd nor his Parents* but that the
works of God fhould be made manifeft in him. In
which words he exprefly affirms*that that mifhap
was not inflicted upon the man as a Penalty for a-
ny mifcarriages he had been guilty of in any for-
mer ftate* but that it was defigtfd by the Divine
Providence upon a fpecial fcore* namely* that he
might be a fit objeCt to evidence our Saviours mi-
raculous Power, And yet from this very paffage
they argue with no fmall confidence againft us* in
that the queftion fuppofes the man might have fin'd
before his Terreltrial Birth* and that the Hypo-
thefis of Preexiftence was an Opinion much in Vo-
gue among the Jews, and therefore when our Sa-
viour had fo fair an occafion of rectifying the com-
mon beleif* and yet faid nothing againfl it* his fi-
lence is almoft as argumentative in favour of it as
a pofitive Approbation. I anfwer (1.) his far from
being evident that the Difciples queftion fuppofes
102 Of the Preexijl ence of Souls.
him capable of finning before his birth: for might
they not, if they had any notions of the Divine Pre-
fcience, fuppofe that God foreknowing what kind
of perfon this blind man would prove, had ante-
dated his punifhment. Or why might they not
intend his Original fin, which the Jews fuppofed
to be the p-imsn in every individual man ; fo that
when they enquired whether the man was born
blind for his own or his Parents fin, they might on-
ly ask whether that particular judgment was the
effect of any mifcarriage in his Parents, or of his
own original Pravity. f2.) It was not the Pre-
exiftence, but the Metemphychofis orT ranfmigra-
don of Souls that was the common Opinion of
the Jews; 'tis ftiled by the Rabins nrafcon Ttfhi the Re-
Volution of Souls in oppofition to their D-nan Stfw
TReVolution of the Dead , whereby they meant the
Rowling of the Carcafles of Jewes, (that hap-
pen to be Interred in the polluted Earth of the Gen-
tiles) through'the fecret Caverns of the Earth to
Talejl ine, where they believe all Jewsfhall arife at
the lad: Refurredtion ; and hence fome of them
have in their old age travelled to the Holy Land to
lay their Bones there, to avoid the di \urbance of
their Subterraneous Pilgrimage; and 2^. Salomon
tells us the Reafon why Jacob charg'd his Son
feph to conveigh his Corps from E'Jjtt to Canaan,
was partly that his dud might not afterwards be
turi/d
.
Of the Preexifence ofSouls. 103
turn d into Lice, (a cleanly old man!) and partly
to efcape the trouble of this pofthumous Journey:
But their impertinencies tempt me to be fo too.
Now that the opinion of Tranfanimation obtain'd
among the Jews, is proved from the teflimony of
Jofephus lib.2. deBello Jud. cap. 7. where he relates
among the dogmata of thePharifees, that the fouls
of good men did net perifh, but did wMfr/iw •« in-
fjv o£(4<x j and Tisbi relates that 'tis the common opi-
nion of the Circumcifed Doctors that e\ery Soul
animates three Bodies, which they (after their ufual
rate of arguing)prove from that paflage in Job 33.29.
All theje things God worketh with man, a'ltfpa
tnbus vicibus. And by vertue of this VicilTitude,
they affert the Soul of Adam to have inform'd the
Body of King David, and that the Soul of David
will by fecret Revolutions, wind it felfe into the
Mejfiah, which they think is clearly ii timated by
the word □"« being compounded of the L itial Let-
ters of Adam n , DaVid 1, Mejjiah o. As alfo that
thofe two mighty zealots Pbmees 6c Eltas, were ani>
mated with the f me fpirit becaufe of the ref tmblawce
of their Zeal; and that Labans Soul was tranflated
into Balaams, Abels into Seth ; and Abravanel that
bold Jew afferts, that it was Efau s Soul that pof-
fed our Saviour. Manafe r Ben Ijrael cites feveral
of their old Books and Authors to this purpofe.
And therefore^ if this paflage proves any jthing, it
proves
104 Of the Treexifence of Souls.
proves too much, viz,, not onely the Preexiftence^
bat alfo the or perpetual revolution of
Souls: For if they can infer any thing in favour
of Preexiftence from our Saviours filence in fo apt
an occafion to have rectified the common Errour
concerning it, they may with the fame reafon con«
elude his Approbation of the Tranfmigration of
Souls, this being the common Opinion of the Jews,
and fo as probably implyed in the Difciples Quere.
(3 J It was not our Saviours cuftom to take notice
of every impertinent Queftion, much lefs the fup-
pofitions on which they relyed. Thus when his
Apoftles asked h\\n 0 ABs 1.6. Lord wilt thou at this
time refore again the Kingdom to Ifrael. Though it
was an important Queftion, and bottom'd upon a
grand and dangerous miftake, he makes no reply to
it, but only takes occafion thence to difcourfe of
matters of a widely diftant nature, but that more
clofely toucht their concerns. And therefore no-
thing can be fairly inferred from our Saviours fi-
lence 3 efpecially when he had replyed fo fully to
the direct fcope of the Queftion, there was not
any necelfity hefhould take notice of the Theories
it collaterally implied : And if the Hypothefis of
Preexiftence were fo principally implied in the
main fcope of the queftion as is pretended, then is
it exprefly enough deftroyed by our Saviours plain
and unlimited Negation. To conclude, he had as
■
_v
Of the Preexifence ofS cuts. i © 5
good ground to take occafion from their Enquiry,
to diicourfe of the Equity of punifhing Pofterity
for their Ancestors fins, it being one of the main
Phenomena of Providence, and of as grand impor-
tance as they can prefume the Hypothecs of Pre-
exigence to be, and yet, notwithstanding the fair-
nefs of the opportunity, and the weightinefs of the
fubjedt, 'tis evident he took no notice of it. The
other Refembling Paflage I meet with in J oh 38. 4.
where the Almighty undertakes to pofzjol through
ail the Phenomena of Nature, and among other
particulars of the true Origine of things, and to eotK
vince him of his ignorance, he tells him he was fo
far from being acquainted with it, that he was then
fhut up in the dark Bate of Non-exiftence,. Where
wajl thouivhen 1 laid the foundations of the earth 3 8cc.
Now, if all Spirits had been in Being when the
foundations of the Earth were laid, as our Adver-
faries conclude from the enfulng words, When the
morning Stars fang together, and all the Sonnes of God
fbouted for Joy, By the former whereof (fay they)
is intended the Angels, by the latter the blefied un-
tainted Souls. But if this glofs were as true as 'tis
precarious, then Job might have jufUyreplied to the
Almighty,that himfelfwas prefent among theSons
of God at the laying the Foundations of the earth,
and joyn'd in that great and unanimous Acclama-
tion
ic6 Of the Preexifence of Souls.
tion. And then the Almighty having difcourfed of
each particular myftery and contrivance of Nature,
he concludes with this bafling Ironie, Knowef thou
them becauf '? thou waft then born 3 becaufe the number of
thy days is great I And yet they conclude from
hence for Preexiftence, becaufe the 70 render it
without the Interrogation, Iknowthatthou wafi then
born 0 for the number of thy days is many. A various
Reading may ferve for a fubterfuge to efcape the
force of an oojeCted Teftimony, but certainly 'tis
a pitiful Argument that relies barely on the Autho-
rity of a Vcrfion, when it not only contradicts the
Original,, but the plain defign of its own Context.
For if Job had then been born., how could God
have convinced him of his unacquaintednefs with
the Origine of things, becaufe he was not then in
Being ? fo that unlefs Reafon it felf be out in its
Logick, our Adverfaries are.
Having thus gain'd back thefe Texts to our fide,
I pafs on to the reft of their objections. And firft,
as for that paOTage Jer.i. 5. urged with fo much
Jewifh confidence by ManafeBen Ifrael, "Before I
formd thee in the Belly, I kriewthee; and before thou
camefl forth out of the Womb I fanBifed thee, and lor-
daind thee a Prophet unto the Rations. It implies no-
thing elfp but Gods defignment of Jeremy to the
Prophetick Office s for his knowing of him im-
Of the Preexifience of Souls. 107
of ports in its native and raoft unftrained fenfe, mecrly
re, his foreordaining him to that employment, and then
m , his fandtifying of him fignifies in its genuine and
of moll: proper ufe, only the feparating or devoting of
m him to that peculiar Office, which is exegetically
it exprefled in the laft branch of the Period. I ordained
a thee to he a Prophet. Befides, this paflage is pecu-
liarly applied to the Prophet Jeremy in oppofition
tfe to any other, but fhould it have referred to his Pre-
j'tis exiftence, there had been no peculiarity, forafmuch
jtho as God wguIq not only have known him, but the
s the whole Mafs of mankind before they were formed in
^ the Belly. And now what fhadow of favour do
Qod thefe words call: upon the Origenian Hypothecs,
YjitJj No man could ever have difcern'd the leaft colour-
for Preexifience here, whofe mind was not afore-
. jjj j ;; hand tinctured with its belief. Here's not the lead
foundation for an Argument, unlefs this fuppofi-
tion were firfl laid, vizi. That God cannot fore-
iy' ordain aPerfon to any fpecial employment before
^ he exifts. And therefore to conclude, that becaufe
,;Y God had confign'd Jeremy to the Prophetick Office
i ;!( before he was born, that therefore he preexifled, is
^ an Inference fit for none but a Rabbi , and upon that
fcore I have taken notice of it only as his, though o-
^ ther men have urged it with as great a grace as he.
• And for that paflage, Phil. 2. 5, Let this mind be
P 2 in.
ib8 Of the Preexiflence of Souls.
in you which was in Chrifl Jef as , who being in the form
of Gcd,did not think equality with God a prey orfpoil,
but made himjelf of no Reputation, and toofupon him the
form of a Servant, and was made in the likenefs of
men , 6tc. Its plain and palpable meaning is onely
this, That though the Blefled Jefus was invefted
with the Divine Power and Authority, and fu-
ftain'd the perfon of a Deity, being made Sovereign
Lord of all (in which alone confifts the Scripture
notion of God) yet he did not boafl. and triumph
in his Greatnefs, but made his appearance to the
world only in a fervile condition of Poverty, and
made himfelf fo fubjedt to thofe that feem'd his
Superiours, that in obedience to their Authority
he yielded himfelf up to amofl reproachful death,
not oppofing his Almighty and IrrefilVible Power
to refcue himfelf from their equally ignominious
and mercilefs Decrees. And what's all this to
Preexiflence ?
In the next place they urge us with fome pafia-
ges out of Saint John, Jnd now O Father Glorife me
with thine own fel f with the Glory I had with thee before
the world was. I come forth from the Father , and
am come into the world : ^Fgainl leave the world, and
goe to the Father, &c. Whence they argue, that
the Glory our Saviour prays to be reftored to,
feems to concern his Humane nature only , for the
Divine
of the Preexiflence of Souls . 109
Divine could never be difrobed of it, and therefore
it fuppofeth that he exifted in his Humanitie
before, and that his Soul was of old before its ap-
pearance in a Terreflriall Body. *Anj. [i.) The
moil thefe places can pretend to prove,, is barely
our Saviours Preexidence, but to conclude thence
the Preexiilence of all mankind is a very wide
and gaping Inference • and we may as well prove we
were all borp of Virgin-Mothers becaufe he was.
Our Saviour was a lingular perfon defigned for an
extraordinary Employment, and therefore may be
fuppofed to have tranfafted with his Father about
it, before he undertook it, and therefore we may
as well Attribute all his perfonal Proper tie to
Mankind in general,, as argue for their Preexiilence
from his. (2.) Thofe Predicates that in adrift
and rigorous Acceptation agreed only to his Di-
vine Nature, might by a communication of Idioms
[asthey phrafe it] be attributed to his humane;
or at leafl: to the whole Perfon compounded of
them both : Then which 'nothing is more ordi-
■nary in things of a mixt and heterogeneous Nature,
as the whole man is diled immortal from the
deathlefnefs of his foul. We ought not therefore
to nnderdand thefe and the like pafiages in a nice
and metaphifical rigour of this or that nature, but
in a familiar fence of the Perfon of Jefus Chrid.
The
110 Of the Pteexifence of Souls.
The inftances*hereof in Scripture are fo frequent,
that few texts concerning our Saviour C fuppofing
his double nature can well be under (food without
it. (3.) Methinks Grotius s fence is very eafie and na-
tural viz,, that the Glory he had with his Father
before the world began, was only in the intend-
ment of the Divine decree: as iTet. 1. 20. Revel.
13. 8. he isfaidtobea Lamb jlain from the foundati-
ons of the world, not that he was really flaughtered,
butbecaufe he was then marked out in the divine
decree to be a facrifice for Mankind*It being a Pro-
verbial form of fpeech among the Jews, to exprefs
matters of great moment only refolved upon in the
Divine Decree, as if they were really exifting: thus
they fay the Me/fas is ancienter then the Sun, and
theMoJaick. law older then the world, not as if they
apprehended them really io,but only to exprefs their
aufolute ufefulnefs and neceflity. Now Scriptures
are not to be interpreted in an exadt and ftridtly
literal fence, but in a familiar manner fuitably to
the Idiom and manner of fpeaking ufed in the Age
and Place, in which they were written. This there-
fore being a vulgar form of fpeech to exprefs the
Important ufefulnefs of a thing exiljing only in
decree, as if it h ad been as long in adtual exiftence,
as it was in Futurity 3 the glory our Saviour here
prays for, and which he had before the world was,
as
Of the Preexifence of Souls. 111
as it could not, fo it need not be his eflential luflre,
but was that honour, with which God had from
all eternity defign'd to dignifie the Mellias. Thus
have I fatisfied all their Scripture Objedtior s 5 that
can need an anfwer, but as for their Applications
of Parables and Cabaliftical interpretations, they
are too impertinent to bear one.
And now (Sir) having evinced the Precariouf-
nefs of the Origenian Hypothecs from the Nature
of the thing it felf, and its uncouthnefs from fome
of the Divine Attributes, having fhewn the appa-
rent and lamentable deficiency of that evidence
they produce for it, having engaged the fuffrage of
the Divine Oracles again!! it, and having given a
hanfome, rational and certain account of the Phce-
nomina of providence without it. I hope 'tis fufficient
to convince your felf or any other ingenious and
unpolled inquirer, that for any thing we are able to
know, this is the firft Stage upon which the Souls
of men ever appeared and that there is no need of
recurring to a former fcene, to folve the perplexed
difficulties of Providence, and to make the plot
thereof feem neat and confident enough to be a
contrivance not unworthy the Divine Wifdome.
And now Sir methinks I ought not bluntly to
conclude this tedious Difcourfe, and it would be
but good manners to complement you with unne-
ceffary
Of the Preexiflence of Souls.
ceflary excufes, or fome other little pieces of
Court-fhip; but you know I have long iince re-
monftrated to thefe common ceremonies of the
world. And though I had a mind to trouble you
with Apologies, or News, or anyother impertinen-
cies, yet I have not time (being juft now upon the
very point of my departure for London ) to add any
more, then that lam as much as I ought or
can be
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FREE and IMPARTIAL
tENSVRE
Of The
PLATONICK
IPHILO SOPHIE
Being a Letter Written to his much
Honoured Friend M r B.
By SJM. TJRKER. A.M.
OXFORD,
Printed by W. Hall y for T\ichard Dalvis 3
Ann. Vow. 1666.
To the Reverend
Dr. BATH UR ST,
The Worthy and Learned
PRESIDENT
Of TRINITT COLLEDGB in
OXFORD.
Reverend Sir,
yf>hall not need (as tbeCujlome is_) to
M argue the decency and fitnefs of
jPll T t>ms a ddrcjs 3 npr t& excuje its ma-
k^|| §f^ ny nice and critical Solecijme-s 0
becaufti your ahjclute and unalie-
nahle Bight to all the Fruits of
my Studies has made it dice and
ntceflflary 3 (and the Obligations of Duty cancel all
■ the Laws of Indecency )fo that if to prejent you with
jo mean a trifle be unhandfome, yet not to have done
it} Would haWe been unjuji. For my Studies ( Sir j
A 3 we
The Epiftle
are too deeply indebted to your Incouraging Direfti-
onSy to make any other repayment then by entirely
refigning themf dves up into your hands 3 and there-
fore I cannot alienate any thing that's theirs 3 from
being Tours 3 without being guilty at once of the ?rea-
teji Injujlice and Ingratitude. So that though 1 do
but Injure your TQame by concerning its .Authority
in behalf offi worthlefs a Trifle 3 yet an Injury that's
the rejult of Duty and Gratitude 3 may hope for
not only your Pardon 3 but {fuck Sir is your Can-
dour ) your Acceptance too ; finee you cannot fufpeft
the Reality of my Refmtments 3 when I decline not
fo Criminal an Evidence thereof and rather wilfully
chofe to commit any Faults and Indecencies then lofe
the leaf Opportunity to prove it.
I will not be jo troublefome as to remind you of
the retaile of your Obligations 3 yet there is one, whofe
peculiar matchlefnefs obliges me to as peculiar an
acknowledgment. For to your prevailing advice (Sir)
do I owe my firjl Refcue from the Chains and Fet-
ters of an unhappy Education 3 then which 'twas im-
pojjible either for you to have conferred 3 or for me
to haft? received a greater benefit, there being no Per-
fettion to be Valued at fo high a Rate as a true Free•
dome and Ingenuity of Mind : Tts this 3 that di~
flinguijhes Churches from Heards. Andthofe men
that have laid afide the free and impartial ufe of
their T\eafons 3 are jufi as fit for Tfeligion as Sheep
Dedicatory.
find Oxen, for they differ only in this, that the one
are Brute? without Reafin, and the other Brutes with
it, How could the Scythian have facrificed Tfatioml
IBeings, had he not flrft facrifced his dfeafm 5 or
the Egyptian adored Irrational Creatures, had not
bimjelf been one i Onyons could neyer have been
JDekies if Egyptians bad been men; but when Red'-
fon was once banifhed the Temples, no wander if
folly and fuperfhtion commenced Religion; a flack,
wight be a Deity when the Priefl was no more> But
{Sir) the excefs of my Joy am Zeal tempt me to be
impertinent.
Philofophie may perhaps think, her felf hardly
dealt with 9 to have two of her famnufefl SeBs call'd
to the Barre by fo mean a Cleark. as my f ebf y yet I
think. 1 have done them not a little Honour in citing
ihem before fo Eminent a Judge, and one fo much
their Peer in all Sublime Learmng and Gmeroftte
of Soul; that their great Majlers Zeno and Plato
might juflly Refign the Chair, and: yield their Porch
and rdca.demy . inferior to the Colledge that you Pre-
fide. Where the many good foundations, and grounds
of To lite Literature^ that'you alone have laid, way
well be thought the only Talifftiaus of its prefent
fiourifhing and profperous Condition. Theft Papers
therefore which were f armed and hatched under your
'immediate Influences, being to take their flight abroad
into the World, ought to be legitimated by no other
The Epiftle Dedicatory.
then that Sun, which has always jhined fofavourably
upon all my Endeavours. I cannot hut acknowledge
(Sir) that I have onefelfifh defign in this Epiflolary
Jddref r j namely, to bribe your affettion that it may
defend me from the Power of your Judgment. Tis
a Very unujual requeji I confej f but yet 'tis mine at
prefent, that you would be pleajed to Proteft me from
your felf', For I here offer to your fight that Paper
which (did I not kjiowyour Candor to be proportion d
to your other Jccomphfhments) I could even wijh
might efcape it. Jnd thus [Sir) by prefixing your
Name to this Pamphlet, 1 have not onely Pef :ued it
from your own Judgment, and the Contempt ofothers,
but have alf o in f ome meaf 'iregratified my own Pride,
in that as many as fhall chance by thefight thereof , to
underfiand that there's f uch a thing as I in the world,
may withal be informed of the Honour and Happi-
nefs 1 have in being
Reverend Sir,
Your mod Faithful, mod obli-'
ged, and moft humble
Servant,
S A M -. P A E K B
''nSwaw^'nft®nnnft
A Free and Impartial
ACCOVNT,
O F T H E
TLJTONIC K "PHI 10 SOP HIE.
* _ ■
sip.,
&pE E that are fo inconfiderate, as to
If IF ^ Sill print Books/ell our felves into the
I| VX7 |i greateft Slavery in the worlds be-
|fg v fjgg, ing thereby expofed to the fevere
W»L L™ J§# commands of thofe that know us,
, - . _ r,rt
ai] d leverer lafhes ot thole that
know us not: fo that you may
perhaps fooner expert to find me in a Venetian Gaily
then in the Prefs again. Not as if I were either fo
little a Philofopher., as to regard other mens Cen-
fures 3 (for I have too little efteem for the Generali-
ty of Mankind, to be at all concern'd how they e-
fteem of me; and you know 'tis one of my greateft
defignes in this world, to be one of the moft un.
concern'd men in it,) or fo little your Friend , as
to fti.e your commands Burthens: yet, (to be
B plain
.An Account of 'the Platonic^ Philo[)j>hie.
plain with you upon the warrant of our Philofo-
phick Friendfhip)had they not furprifed me at a
very feafonable time,1 had fent you no other reply,
then either of Excufe, or flat Denyal: For, though
I was then addrefling my felf to fome Mathematical
Studies , to the purfuance whereof I allotted the
next portion of time, yet the main of my Studies
for fome weeks before had been employ'd in T lat'o-
nic\^futhors , fo that both my Brain and my Papers
being well fluffed with Ideas ,1 was not difpleafed
with the oportunity you have given me of Verting
the one, and Methodizing the other.
The Task then you enjoyn me, is, To give an
account of two Tallages in my Tentamina Phyfico-
Theologica • The one out of the lafl chapter of the
firft Ilook, in which I exclaim againfl: the Platonick
Philofophy, as an ungrounded and Fanatick Fancy:
The other out of the lafl Chapter of the fecond
Book, where diftiueing againfl; thofe that aQert the
neceflity of the Worlds Eternal Exigence , I was oc-
cafionally obliged, to glance upon the two grand
Attributes of Crods Dominion and Goodnefs; hence
you enjoyn me to make good my charge again PiPlate
by giving you a larger, and more particular account
of his Phylofophie, and to fend you a further Expli- J
cation of 'the Nature and Extent of the foretnentio-
ned Attributes , efpecially, as they have reference A
the lately reviv'd Hypothe/ts of the Treeyif.me of
"" ' Souls
An Account of the Platomck.PbiIofopbie, 3
Souls , feeing I have there reckoned that up among o-
ther rafh and unwarrantable opinions, which fome
men think to maintain from the Nature of Gods
goodnefs; together with a fpecial account of the
groundlefnefs of the Hypotbefis it felf.
. But if (Sir) I now pay one part of this Debt, I
• owe to your Commands, I may fafely prefume up-
on your Candor for a forbearance of the other half j
becaufe (as I have often told you) although the Re-
creation,! fometimes take to frame my Thoughts
and Conceptions into words, almod equals the
RAv idling delight I derive from their fird Births
and Difcoveries, yet too long a continuance at this
imployment is to me (and I believe to mod men
elfe ) the mod tedious and wearifome piece of
Drudgerie in the world ; fo that if after this pay-
ment in part, you will but grant me a fhort refpite
to refrefh my felf with a little Varietie, I do here
engage to difcharge the whole Debt,when ever you
fhall demand it. At prefent therefore deferring
the latter half of my Task, I fhall only fend you
as fatisfaCtory an account of the 'Platonick. Philofo-
phie, as I am able; and that it maybe as full and
entire as its brevity will permit: I fhall confider it
in all its parts, according to the mod ufual, and
perhaps mod comprehenfive divifion of Philofophie
into Morality, Logick, Phifick, and Natural
Theologie.
B 2 Fird
An Account of the Platonhf^'PhiluJ oyhie.
FIrftthen, as for;their Morality, no Platonifl can
fet an higher eftimate upon it, then my felf > For
befide thofe ufeful and excellent Notices., which it
teaches in common with the Ethicky of other SeCts,
it may challenge a flgnal Preeminence upon feve-
ral accounts; as
i. In that the Rules and Directions it prefcribes
are Sober and Practicable ; it does not flatter men
with '](omantick Degrees of Happinefs, upon fond
and fantaftick Principles, but complies with the
conditions of Humane life , and neither Promifes
por Deflgnes greater proportions of Felicity,
then our prefent Capacities will allow of. The
Platonifis were not io Vain as to comfort them-
felveswith high ftaein'd Paradoxes againft the con-
viCtions of Senfe and Experience: They do not
teach us, when we are in the extremity of Pain and
Anguifh, to ling Quam f uave, quam dulce hoc ejl 9
Quam hoc nan euro ? No, but they efleemed of every
thing as they found and felt it, and therefore
whatfoever they experienced agreeable to their
Natures they put into the Accounts of Good, as
on the contrary, whatfoever they found to be a
Grievance , they needed no 'other inducement to
convince them of its Evil. Whereas it was the
humour of the Stoic ks gather to ftrein for Parodoxes
and "Braveries then give practicable Rules of
An Account of the Plato nick. PhiloJ ophie. 5
Life : And therefore it was well obfervedby fome
of the Jntients , that never any man could attain to
that height of wifdome,which the Stoical Philojophie
pretends to. Stoici eamSapientiam (faies Cicero} in-
terpretantur ^ quam adhuc nemo mortalis eji con{ecntus 3
And Seneca ipeaking of a true Stoick • Fortajje (fays
he) tanquam Phoenix f miel anno qumpentijsimo no,-
fcitur ; and then only mentions the lingle inftance
of Cato. But the lad time I had the happinefs
to Difcourfe -with you, you was fufficiently con-
viuc'd how little the vertue of Cato } and the honeily
of Repulus are to be valued. If you fnould demand
of me an account of the Stoical Principles,
they are fuch as thefe. That the Beggerly Stoick
is the only Rich man, u) w be-
caufe forfooth he is Mafter of all other mens
wealth. That he alone is beautiful, free, and
noble, that all other men are ugly fordid Haves.
That he alone is Prince and Emperor of the
Univerfe.That he can vie Perfection & Happinefs
with God Himfelf - nay Seneca blufhes . f
not to affirm, eji a/iquid quo fapiens ante- E ^' ' '
cedatDeum. Tnat he alone is a true Poet, Orator,,
Painter, Shoo-maker,Cobler,Taylor, or that him-
felf is good for every thing,and no body elfe good for •
any thmg.That to kill a Swallow is not a lefs villanie
then Parricide. That 'tis as great a vertue to take a
flea,-biting patiently, at it is to preferve ones Coun-
B 3 try
6 An Account of the Platonick.Philofiphie.
try by the moll Gallant and Heroick Adtions.That
there is as much prudence in lifting up your finger
with difcretion, as in managing the \oman Empire.
That he alwayes hath his will,
Wifh what you will, and you fhall obtaine
what you wifh: Like old decrepid Jolaus in Euri-
pides, that by the force of a wifh, retrived his youth-
f'ul Vigour and Spritefulnefs, &c. After all which,
you will think this aParadox indeed, s
that 'tis impofiible for a Stoick to be mad. So
Extravagant are their Principles, that Plutarch has
made it the Title of one of his Books, * T «
h STmiKci -rimffl hiyvttv, That the Stoicks talk, more
Extravagantly then the Poets. I could quote you
many places out of Lucian to this purpofe againfl
the Stoicks, but then it mud only be to fhew you
how well I am acquainted with his Writings, for
he is every where fo abufive and bitter in his Sa-
tyres, againft all forts of Philofophers, that if his
mouth be any flander, they muft have been a pack
of the Vileft Villains that ever breathed, and
upon that fcore I fhall wave his Teflimony: To
proceed therefore,
Whereas it was a Fundamental Principle of the
Stoicks, toefteem ail things out of the power of a
mans own will, nor good nor evif and thence
not to reckon Health, Chearfulnefs, good Name,
Wealth, Friends, Sicknefs, Grief, Difgrace,
Poverty,
An Account of the Platonic!^ Philofophte. 7
Poverty, Enemies, into the accounts of Good or
Evil. ThieT latonifts, on the contrary, made their
meafures of Good and Evil, from the obfervations
of Senfe and Experience - 3 They therefore went
not about to perfwade themfelves that any accident,
which they felt to be evil, was ere the lefs fo, by be-
ing placed beyond the reach and command of their
own wills; but looking about into the Nature of
things, they fir ft found that Man was a complex
and multifarious Being, integrated of Body and
Soul, and fo that his felicity could not be confum-
mate, if one conAituent half of him was miferable -:
and then, that the body was liable to a thoufand
forreign contingencies, which 'tis not in the power
of the mind to avoid, but yet that Vertue and Confi-
derationj which have the mod immediate, aud mod
diifus'd influence upon the repofe and fatisfadfion
of man-kind • derive entirely from within a mans
felf, and depend not at all upon any external occur-
rencies; whence they concluded, that though the
bigged portions of our felicity be at our own dif-
pofals, yet that it mud be acknowledged thatfome
of the fmaller parcels thereof are left to Chance,
and uncertain Emergencies. And thefe they did
not hope (with the Stoicks] to efcape by a wilful
fenfelefnefs and Aupidity, like Pcfidomous , who when
a very importunate fit of the Gout attempted to
interrupt hisHarangue before Pompey 3 cries out,
Nihil
8 An Account of the PlatonickPhdofophie,
V^ihil agis dolor, quamvif fis molejlus, nunquam con-
fitehor tc malum efje ; The molt pathetical Expref-
{ion of the acutenefs of his paine ! But the courfe
they took, was to purge their minds of froward
popular humours, and to fweeten them with mild
and benign Principles; to moderate and command
their pafTidns, to furnifh themfelves with prudence
and experience, and then what ever happened, to
govern themfelves by the Lawes of Wifdom and
Moderation: Becaufe, though all tbe Fountains of
contentment are not within, nor do all our "joys iffue
from our own Bowels, yet they receive their cheif
tinctures thence : and hereby almoft ail our hap-
pinefs is prudently confin'd within the compafs of
our own minds 5 for all intellectual endowments
(which are our greateft perfection, becaufe they
perfeCt and advance our higheft faculties) depend
upon our felves, and when the mind is furnifhed
with Vertue & Wifdom,it is able to extraCt fome-
thing beneficial to its own Interefts, from the mod
malicious accidents. For every thing having two
ends as well as two handles, if a wife man mifs the
one, he will not fail to hit the other; as he in T lu-
tarch, who throwing a (done at a dog,but hit his curft
Mother in Law, faid, J hat he had not miji his Mark,,
A Wife man having his Palladium deposited within
his own bofome, by whatfoever circumftances he
is befieged, muft needs be fecure, if by good, they
minilter
An Account of the Platomck Moralitie. ^
minifter to the delights of Temperance, if by bad,
they are improved to the interelts of Patience and
Contentedncfs; fo that though a Wife man be ob-
noxious to the fpiteful injuries of Fortune, and may
be aflaultedby foneign calamities, yet his mind (his
Fort-Royal) is impregnable, and in the middeft
of all difappointmerits, its ferenity fhines as indi-
fturbedly as the Lights of Pharos in the mid'ft of
Storms and Tempefts. Hereby you fee that though
many of the ingredients of our happinefs grow not
within our felves, yet their compoiition being at our
difpofal, 'tis eafie, either to add to their good qua-
lities, or to allay their bad ones. But becaufe here-
in confifts the Fundamental difference between the
morality of the Academickj and Stotckj , I will en-
deavour toaflertand illustrate it a little more clear-
iy, by difcuffing the main objection of the Stoicks;
which is this,
If (fay they) our fatisfaStion fhould depend up-
on forreign advantages, and any part of our happi-
nefs fhould be beyond our power, then it being fuf-
pended on a thoufand uncertainties, it would both
render Philofophie ufelefs, and the condition of man*
kind unavoidably calamitous and deplorable, in that
no body can be matter of his own fatisfattion, but
mud be forced to intruft it with fo blind and fo un-
certain a thing as Fortune , and fo muff needs be con-
tinually liable to infinite miisfortunesj and inceffant-
C ly
io An Account of the Vlatonick.Moralitie,
1 y haraffed with fears of loofing thofe things, which
are not more neceilary to his happinefs, then they
are uncertain and variable.
Though this objection be pregnantly anfwered
by every mans Experience of humane affairs, yet
partly becaufe'tis the main Rafes of St&icifm, and
partly becaufe it reflects unhandfomely on the deal-
ings of Providence, fuppofing that mankind would
be hardly dealt with, if all his Goods be not placed
within the confines of his own power, I fhall endea-
vour to filence it for ever,which I think may be done
by thefe enfuing confiderations.
i. That ou r Earthly happinefs is never mere and
unmixt, but when 'tis pureft, its diluted with fome
dafhes of mifery.
Oux Zv yireiTO x at ' { Eurip
aaa' tit Ttt evyx&nt.
Unalfayed fatisfaCtions are too Divine to be en-
joyed any where, but where the Divinity it felfe
Refides: For as to the happinefs of this life, there
is no one ultimate Ob]eB or Jummum Bonum , to the
Acquifition whereof all other Goods do but con-
tribute as Intermedial Instruments , but every thing
that Minifters to our Contentment, is a Portion
of our Soveraigne Happinefs, which is nothing
elfe but a mans prefent repofe and fatisfaCtion. I
can not therefore but commend that Principle of
fome of the Cyrenaicks 3 that neither expetted, nor
purfued
An Account of the Platomck. Moralitie. i i
puriued any other happinefs in this life, befide what
was to be found in every Tingle action and affaire
thereof. For all unanimoufly teach, that the tran-
fiilhty and fatisfaBion of the mind,is the Soveraign
happinefs of this life, and yet that is onely an aCt
of the mind exercifed about its prefent objects, and
not any diftinCt objeCt thereof: But the Crea-
tares are not replenifhed with that variety of per«
feCtions as to be able to gratifie all our Appetites,
much lefs with that infinite fulnefs as to be able
to fatisfie them : for alas! all Created Beings
are but fmall fragments of perfection, which on-
ly ferve to fupport our Souls, till we arrive at
the fruition of that Objett, whofe Prerogative it
is to be adequate and fatisfaCtory to all our
defires and expectations. The Stoicks then for-
get themfelves, when they think an impofiibility
of being certainly and entirely happy here, fuch
an infupportable Mifery ; when all things in this
world are by the unalterable Lawes of Provi-
deuce imperfecta variable, and fubjeCt to the
Vicifiitudes of Fortune. Now Wife men,
that confider the Nature and Inconftancy of
things, will not defigne to themfelves more rai-
fed degrees of Blefledneffe, then the World can
afford : but will be content to be as happy as
their own Capacities^ and the prefent Condition of
things will perm it-,and not fruitlefly afpire to heights
C 2 of
/
i 2 An Account of the Platonick Morahtie,
or felicity , which they can never reach.
2. T(lough fome finaller parcels of our happi-
nefs be beyond the command of our wills., yet the
greater Portions thereof are not: for inltance., all
that in which the Stoicks place their whole feli-
city • and that is pregnant enough of Tranquillity,
to render our lives fedate and comfortable. What
though fome appendages of our happinefs are out
of our own reach, if the main body thereof be
within it ? Sure if Vertue be fo Soveraign a good,
as iingly to com pleat our felicity, it will be fuffi-
cient to fupport our repofe in the abfence of fmal-
ler helps and affiltances • Why then lliould they
deem our eftate fo deplorable,, when we can be fe-
cure of our mod important interefts 3 though fome
lefler concernments be left to the difpofal of fortune
3. Tis in our power to alleviate and qualifie
thofe evils, which tis not in our power to eicape.
What though I can not avoid Sicknefs, Poverties
and Difgrace, yet I may by prudent reflection a-
void being grieved at them., and may improve them
to the benefit of Vertue and Wifdome ? The
mould of a mansFortune is in his own hands,though
the materials are not. Although a firm and health-
ful habit of body be exceeding conducive to a chear-
ful Tenor of mind, yet may I be chearful without
it, though I might have been much more fo with it.
OO - _
When I cannot fuit events to my delires > I will -
fuit
An Account cf the PlatonichJAoraiitie. 13
iuit my defires to them, I will compromife with
thofe grievances which I cannot fhun., and thofe
blows of Fortune.,1 car not ward otf by Prudence,
1 will dead by meeting them with a hardy courage
and refolution. I know I cannot bend the Laws of
nature to my own will., there remains therefore no
other remedie then that I fweeten and mollifie their ■
rigour., by a cheerful and generous complyance with
them,, and fo according to that vulgar, but very
wile faying 3 Make a Vcrtue ofNece/Jity.and fo that me-
tal that's mod folid and generous,, is moll: malleable
too. But (todifpateh) methinks it becomes not a
dull Apathtjl to object that we fhould be difquieted
with perpetual feares^if any parcel of our happinefs
fhould not be lock'd up within our own breads:
fure he might refolve , when there remain'd no
other remedie■, to cad himfelf into an infenfihle
Apathy. How ever every man that premeditates the
nature and uncertainty of things, will neither be fo
dupid, as to be lurprifed with any difafter, nor fo
filly as to double it by a fruitlefs anxiety, but will
make the bed of his condition by prudence and
difcretion.
2. A fecond thing for which I value the Tldto-
nijls above all other Philofophers, is the innocent
Grayety and Pleafantnefs of their Humours. Lor
whether I look into their Principles, or into their
lives, I can fee nothing but what is calme and
C 3 . cheerful
14 \An dccount of the Platonic^ Morditie,
cheerful. For befide that their complexions were
generally brisk and fpritely, the Genius of their Phi-
lofophie was free and facetious. It being one of its
main principles, That as God had pro\ided ineffa-
ble pleafures for good men in the next world, fo
he had made liberal provifions for their entertain-
merit in this, and confequently that this life affords
enough to pleafe, though not to fatisfie 5 whence
they were willing to enjoy all its innocent pleafures
and fenfualities, though they thought them not of
any great concernment to fuch as were furnifhed
with capacities of rifing above it , and afpiring to
heavenly delights. And thus you may fee, how at
the fame time a wife man may enjoy the world and
defpife it too. And from this manly and Philo-
fophick indifferency of life, refulted a handfome and
generous contempt of death , for they did not fo
much defie it, out of a dogged negledt of life, as flite
it out of a fober and Philofophick uncertainty, whe-
ther it were better that they continu'd in their pre-
fent happinefs, or left it to enjoy more pure and
generous delights. This was the main ground of
Socrates s undaunted conifancy in reference to death,
becaufe whether it were preferable before life,
«ch\iv Tituli H -nS ©«», it was uncertain and amhiou-
ous to all hut Gcd alone 3 as Plato concludes his iq-
comparable Apologie. tj ? ( faies Euripides )
it t3 (Hy {*W t&jdxyeiy , to 'j&y 3 IVho kj20WS whether
IS
An Account of the Platonick Morahtie. 15
is life to lire or dye} To diesis to be born into another
work?.,which every good man may juftly prefume
he fhali End better then this. Though the main rea-
fon 3 why they were fo willing to bid adieu to this
prefent Stage of life 3 was an eager Curiofity to be
acquainted with the tranfadfcions and Thcenomem
of the next. And methinks, had I no other Rule to
guide my felf b y 3 then mere Philofophie 3 I could
willingly play the Platonift in this particular: For
though I am neither valiant nor miferable 3 and am as
yet in my green and unexperienced years, and have
tailed lefs of fenfual delights., then (I believe) any
one plac'd in the fame capacities and circumflances
with my felf (fori have hitherto fcarce employ'd
any of my fenfes 3 but that of feeing) infomuch that
though my Palate be not forfeited and cloy'd with
the lame repeated relifhes., nor my Eye quite wea-
ry of beholding the fame repeated objects, yet I
could be highly content (upon the account of a Phi-
lofophick curiofity) to leave this prefent Theatre.,
that I might enter upon the next, for the delight of
being entertain'd with a new Scene of things. Socra-
tes having been difcourfing of the condi- ^ /
tion of good men after death adds -e y n 1 °
$ mwxxii nQvetygu, h inZri %iiv ccAhS* 3 WCXC I bllt
fore of the truth of thefe things., I would die a thou-
fand deaths 3 for an experimental knowledge of
them. Befides the whole life of man is tranfadted
in
16 An Account of the Plato nick. Morahtie,
in thefhortfpaceof 24 hours, in the reft of his age
he does but tread the fame Stage over and over,
the fame bufineffes always returning in the fame
compafs of time. Now any wife or generous per-
fon 3 that fhall but reflect upon the beft (pent day
ofhis whole life, will fcarce find the bufinefs of it
fo enticing, as to make him over greedy of more of
it. But a man that has been running in this Round
feveral years, fhould ( methinks) be fo fick and
weary of doing the fame things over and over, as to
be willing to be at Rejl , or at leaft to change his Em-
floyment • fothat though life be no mifery*, yet be-
caufe there may be a fatiety of it, deaths a privi-
ledge. But for the Stoicks (that I may continue the
parallel with their only Rivals in mortality) they
founded their fatisfadlionupon a fcornful & Frierly
contempt of every thing, & are fo injurious to their
Creator, as to teach that he has provided nothing
to entertain his Creatures with, butafewfuch
childifn empty trifles, as grave men (i.e. Stoicks)
fhouid fcorntotaft, much lefs to feed upon. But
though the T latomfts are not fo impious as to think
that God made the world vain, yet they are fo
.wife/and obferving,as to perceive that it has made it
felf fo 3 and therefore I meet with no Sedt raifed
fo much above the admired and gaudy trifles of the
vulgar, as they, nor any more confidently putting
•♦the worlds Pomp quite out of countenance by a
handfome
An Account of the Platonick. Moralrtie] i j
handfome and free-fpirited difdain,then they «nor any
lefs conccrn'd in news, and the little tranfadtions of
humane affairs; Nor any better entertaining them-
felves with the various and odd humours of man-
kind, making dayly Comedies to themfelves from
the follies and little conceits of the inconfiderate many.
Thus the fpangled & glittering Squire,who came to
Athens very brave and gallant,with a numerous train
of Attendants, fuppofinghimfelf fine enough to be
adored by the Athenians > and . to be reputed at leafi:
a Demi-God , was by thedifcreet and facetious Sa-
tyrs of the Platonick Philof>phers laughed out of his
vanity, and reduc'd to difcretion and fobriety. And
thus the Platonilf in Lucian raifes mirth to himfelf
from the feveral Adts of the Play ; now he laughs
at the Rich mans difplaying his Purple , with his
troublelome croud of poor-fpirited Sycophants;
anon pleafing himfelf with the dilfurbances and
foolifh madnefs of the Horfz-race ; & then with thofe
pretty paffages which happen at Funerals and ma-
king of Wills; next at the filly pleafures of great
Feafis and curious Entertainments* and then at the
little tumults & odd contingencys at the Baths 3 &cc.
But to conclude this head, the Platontfs were gene-
rous fouls, that being raifed above the little con-
cernments and under-Shrtroenes of this life ( as the
Cardinals of A\ome are pleafed to ilile all fecular em-
ployments) fate as unconcern'd fpedtators, looking
D down
lS An Account of the Pldtonich^Moralitie,
down from aloft 3 with pity and difdain,upon the odd
Carriage of humane affaires. And happy is he
Celfa qui mentis ah arte
Defpicit errantes 3 humanaque paudia ridet.
For no ProfpeCt is fo pleafant and delightful to the
mind of mamas when he fees all the world below him,
& beholds all others fcrambling for afpiring to thofe
things which himfelf contemns and tramples upon.
3. The third good quality of the.Platonijls,was their
valuing goodnature at fo high a rate 3 which though it
be a confficution no lefs virtuous and excel lengthen
'tis charming and amiable 3 yet the eftimate they
fet upon it was proportionable to its real value.
Whence refulted that exceeding delight they took in
the Society of ingenious and fweet-natur'd young
v viatonit entlemenjUpon which fcore they pro-
c'onvivium. fed themfelves as great Votaries to the
Celeftial Venus , as common Mortals are
to the Earthly one , for their Amours were not
kindled by luff and petulency ( they being pro-
feffedly the moff generous contemners of Women in
the world) but were pure and cleanly enough to
become Angels and feparated fouls 3 Plato's Love-
Laws forbidding to court any other objeCts then
abffraCted and intellectual Beauties. And Plotinus
makes it thefirft afcent towifdome a to
Enttea .i.i.z affeCted with the meer proportions
of Harmony abffraCted from the fenfible founds and
to
An Account of the Platonicf Moralitie. ig
to be enamour'4 with the features of beauty,without
refpedt to the body,which they render beautiful.And
yet hence fome ha\ e taken occafion to (lander Tlato
himfelf ( together with his incomparable mader
Socrates) as guilty of that unnatural beadlinefs of
" ? the ludful Sodomites. Although Plato at the end of
his Conwium has faid as much to remove all fufpi-
f®: t cion from Socrates, as a matter of this nature is ca-
• pable of. And himfelf in his fird book of Laws
^it deteds and drictly prohibits this **'8©- dijho-
nourahle impurity as a moji unna-'
ttof tural impudence. But the forementioned calumny had
; ahe, never gain'd any credit with us 3 had it not been re-
3okin ported by fome of the AncientFathers 3 &yet it is too
yews " notorious to difiemble that they were not only very
typo-; carelefs in their relations concerning th tPhilof rphers>
tothe being apparently guilty of innumerable
im but alfo in many Indances highly difmge-
e no? niouSj infomuch that I find no Profe-writer to a-
■jm- gree fo much with their reports as Lucian , whofe
0 main defign it was to abufe every body that was
to grave and fober. Which may a little appear by
ive- giving you an account of the original and progrefs
hen of the forementioned dander. The fird Authors
m s - then of this and other refembling reports were the
> jt0 Comicf -PoetSj who were perfons of a free., droling,
0 and Satyrical humour^ and whofe chief defign in
jfld their Comedies 3 was to abufe men with roguifli and
to D 2 unlucky
20 An Account of the Platonick, Moralitie.
unlucky Stories- whatever was their Argument, their
Plot "was always Satyr. They therefore who
flourifhed about the time of the Peloponefian Warr,
when the government dt Athens was popular , were
wont to traduce the great and rich men of the City:
But when the Grandees were grown too big to be
brought upon the Stage (by the alteration of the
Government into an Ariflocracy) they betook them-
felves to abufe former Poets, and in that Ag e,Homer
was fufficientiy lafhed ; but afterwards, when Phi-
I of of hie began to flourifh , the Philofophers (upon
every frnall quarrel that hapned between them and
the Poets) were brought upon the Stage , and per-
fecuted with all their Satyrs. And thus this foul
charge of Sodomy, wherewith Socrates has been fo
loudly impeach'd, was nothing elfe but an abufive
invention of Arifiopbanes, who having an implacable
picque againft him , endeavour d by all means to
render him both odious and ridiculous: For Socra-
tes being of a grave and fevere humour did not a little
dif-relifh the vanity and loofenefs of the Stage,
whereupon ji.rijiophanes the Poet Laureat of that
Age, was fo netled, that he immediately left the old
Comical Argument of drolingupon former Poets, and
fet himfelf to abufe the Philofophers, but efpecially
Socrates, all whofe actions he continually perfecuted
with fharp and unlucky Satyrs. And therefore
whereas Socrates was wont to take home to himfelf,
An Account of the PLtonick^Moralitie. 11
the moft ingenious & fpritely Youthsjhe could meet
with., to bellow upon them an Education propor-
tionable to their parts, Anjiophanes (with too much
foulnefs for any Ingenuous Perfon)reprefents him as
one that picktup the lovellefl youths., to the foul ell
and molt beaftly purpofes. And whereas Socrates
taught., that God was to be fought after in Heaven.,
and not in their Images. Anfophanes perltringes
him as one that Worfhiped the Clouds 3 and to this
end he Wrote his Nipfe*# only to abufe Socrates and
hisGWr. Neither did their Malice reflhere 3 but
proceeded to Death and Banifhment; for the
Poets had the .greateft hand in the impeach-
ment of Socrates' ai d Melitusjhzt was his mod ve-
hement Accufer, was one of Anftophaness Players.
And. a while after (about the CXX. Olimfad) one
Sophocles ,a Pragmatical Fellow of the PoetickFa£li~
on 3 procured a Decree for the Banifhment of all
the Philofophers from Athens, which took effedF,
till at length the Con trover fie being fairly debated
before the Senate., the caufe of the Philofophers
feem'd fo apparently innocent to them, that they
immediately caufed the Decree to be cancelled, or-
dered that the Philofophers fhould be fpeedily cal-
led home, and feed Sophocles five Talents. Now 3
though the Fathers could never meet with any
fuch filthy Relations in fober and impartial Fli-
tlorians 3 yet becaufe they apprehended (though
very
22 \An Account of the Platonick,Moralitie. ^
very ineptly) that it made for thelntereft of Chri- $/
fkianity^ that the beLl men among the Heathens \ 0:
fhould be but bad enough- rather then be deflitute of
competent Teffimonies againil Socrates 3 (the moft q^li
eminent inftance of Ethmck Vertue) they would
cite them from fuch as were not only his Enemies,, | gf v
but Poets and Satyri Is too- i. e. from thofe who ^
were not onely obliged by their defign to abufe all - 0 [ t;
men, efpecially the wifer and more ferious fort, ; £
but alfo were incenfed with a peculiar fpite and ] p.
malice againil; him. Any one therefore that is ac- ^
quainted with the Genius of the Grecian Comedy in J ^
general, and with this now mentioned C01.tell of
the Philofophers and Comedians in particular, will j| • ,
be far from thinking their Satyres a fufficient Te-
llimony againft any mans morality. And there- p
fore fome of our modern Criticks are not very kind
to the Philofophers, when they think a good part y
of the Philofophick Hiffory is to be collected out t
of the Ancient Comedians. Having confuirfd fo y
many lines inVindicating our Philofophers chaflity,
I (hall wave adding any farther Evidences of the
goodnefs of their Natures; onely give me leave to
throw in this fingle item thereof,that in theT lato-
nick Hifiory you may meet with more inftances of
true Philofophick &Heroi:k Friendfhip,then in all
the world befide.They were indeed generally fome-
what too fond of their Eriends,& it was their expref-
fi«g
An Account of the Platonick Morahtie. 23
fing the offices of Friendship afidGood-Nature (by
way of Allufion) in amorous terms, that gave too
much ground for the forementioned Harder.
And now (Sir] how much will this Excellent
Quality recommend them to ouredeem, when we
confider at how high a rateourBleffed Saviour him-
felf valued it ? If we look into his Laws, what are
they but fo many injunctions to the feveral indances
of cood »rff#n?,Mildnefs,Patience,Mercifulnefs,Hu-
mility, Candor, Ingenuity ? His new and peculiar
Precept is, That we fhould love one another, and
be kind not onely to Friends, but Enemies. And
therefore a peevifh ill-natur'd Ghridian, is the grea-
ted contradiction in the World. Peevifhnefs be-
ing the greated reproach and weaknefs of humane
Nature,, and molt contrary to the temper of the
Divine Mind: So that they, who, not longfince,
were wont to dilcourfe, that the Saints or People
of God ( i. e. That fort of people who can be De-
vout and Godly, without being Vertuous} are in-
deed peevifh here, but in Heaven this imperfeCti-
011 fhall be removed, might as well have told us,
that the Saints are Drunkards here, but in Heaven
they fhall be Temperate • the Saints are Cheats and
Knaves here, but in Heaven they fhall be Honed 3
the Saints are Adulterers here, but in Heaven they
fhall be Chad; for an habitual Peevifhnefs is as
inconlideht with the defign of Chridianity, as the
24 An Account of the Platonick. Morahtie.
fins of an habitual difhonefty,Drunkennefs, and A-
dultery. And then if we look into our Saviours
life., the unparalleUd civility and obligingnefsof his
Deportment, feems to be almoft as high an Evi-
dence of the Truth and Divinity of his Doctrine,
as his unparallel'd Miracles were; For 'tis altoge>
ther unimaginable that fo fweet-natur'd aPerfon
fhould be fuch a bafe and profligate Im potior, as
he muft have been, if he had been one. And a-
mong all his Favourites'., it was the Gentle and
fweet-natur'd St. John that was his darling Difci-
pie; whiltl we often find him checking Peters rude
and unmannerly Zeal.
But all this while, by good Nature , I do not bare-
ly defign afweet Complexion and temperament of
Bo iy, (though that is an happy advantage to Ver-
tue) but fuch a Divine and Gracious temper of
Mind as produces a fincere kindnefs and benevo-
lence towards all men. 'Tis the faired: Character
and Imitation of the Deity, that diflributes his
Bounty to all, and like his own Sun, {Fines upon
the Jutland UnjuB. Tis a CathohckChanty that
enfolds the whole world in the Arms of love and
kindnefs. Only there are fome perfons of fuch pe-
vifh and felf confined Spirits, that will not fuller
themielves to be embraced by thofe ,w:iofe unboun-
ded embraces equally comprehend all, and difdain
to be but the partial objects of an impartial Love.
Thefe
An Account of the Plato nick. Morahtie. 25
Thefe men confine the difflays of their love and
tendernefs, within the narrow and contracted Cir-
cumference of a fmall party, and Excommunicate
the refidue of Mankind as unworthy their charity,
and think it a great pollution to entertain any kind
thoughts for any behdes themfelves, confining the
EleCt within the walls of Rome or Geneva : Now
againil fuch telly and irregular Spirits, the
fweetell Natures have the greateil Antipathies,
not from any malice or bitternefs againll their
Perfons, but from a true Zeal, for largnefs and
ingenuity of Spirit, and a real hatred againll all
thofe Peflilent qualities that tend to fupplant or de-
(Iroyit. Whence the Blefed jfefus (who was the
highefl and moil matchlefs Patterne of all the In-
(lances of Good-Nature) was remarkably (harp
and fevere in his InveCtives againll the Pharifees ;
becaufe thefe Ill-natured Fellows defpifed and fcor-
ned all that were not of their SeCt, endeavouring
to confine all Goodnefs to their own FaCtion, and
looking upon the reil of Mankind, as a rout of vile
and worthlefs Reprobates. Now, though our Sa-
viour could win and oblige Publicans and Harlots,
(perfons of the moil deb^ch't and loofeil lives)
by his mild and fweet Deportment, yet when Fie
had to do with thefe holy Pharifaical Zelots, his
ufual Language was. Ye Scribes and Pharifees, Hy-
pocriteSj ye are of your Father the DeVil, There be«
E ing
26 An Account of the Platonick^Moralkie,
ing nothing more hateful to God, then a high pre-
tender to Religionjvoid of Charity and trueGood-
nefs.
I have heard fome men (of a bitter and envious
Complexion, that have too much Gall to have the
Innocence of Doves, and that through the bitter-
nefs of their own Spirits, cannot rellifh the fweet-
nefs of Good-Nature) enveigh againfl the advan-
cing of Good-Nature , as if it were a more neat
and fecret deligne of undermining the Interests of
Religion, and advancing thofe of Atheifm. A Ca-
lumny as abfurd as 'tis impious: For how can
that undermine Religion, which is its prime intend-
ment ? Can any deligne be injur'd or defeated by
its intrinfick and proper end ? And what more evi-
dent, then that one of the main purpofes of Chri-
ftianity, is to fvveeten and refine our Natures?
What does our Lawgiver more vehemently and
frequently urge, then Meeknefs, Mercifuii efs, Hu-
mility, and other refembling Inilances of Good-
Nature ? What bids greater defiance to the genu-
ine Spirit of Chriflianity, then rude, churlifh, and
ungentile Peevifhnefs ? What more lovely in the
Bleffed Jefus then the J^eetnefs and obligingnefs of
his Converfation ? What did he ever more inveigh
againft, then an uncivil and Pharifaical Zeal, how-
foever otherwife fincere and cordial ? fo that if to
urge upon men the practice of Good-natur'd Qua-
An Account of the Platonick. Morahtie. ^7
iities be to fupplant Chriftianity, then Chriftianity
muft fupplant and contradict it felf.
But men have unhappily of late Chriftned a fort
of fulphureous and Fanatique fire, by the name of
Zeal: And when once their minds are tainted and
enraged by this hot devotional Zeal, 'tis as natural
to them to be rude and bafe-natur'd, as 'tis to Dogs
andTigres. Zeal is afire in the Soul., which un-
lefs qualified and flaked by meeknefs and a calm-
nature., doth not onl y prey upon the mind., and de-
vour its intellectual Powers, and enflame all the
Paflions, but its rage breaks forth, and fets whole
States and Kingdoms into a combuftion, and re-
duces the whole World to Afhes; the greateLl
Zealots always proving the greateft Incendiaries;
fo that what Homer fayes of the Syrian Star, is not
more true of any thing then this fiery Zeal.,
A<*^Tf07*78y ia*v oy' ist, yjf .klv r» vm/mi t{-wktcu , Iliad.
K*/ Tt ftgM 7m\\bv rruftfov T»/n.
4. A fourth preheminence of the Platonijls [that
I may infill on no more) is their readinefs & ability
in the fmaller Morals, by which I mean their skill
in all the Arts of behaviour and converfation. For
though I have fufficiently experienced a modeft
fhamefacednefs, anduncoothnefs in ceremonial ad-
drelles, to be the natural and unavoidable refultsof
privacy, fas all Metals contract ruff by lying) yet
theT latonijls 3 nofwithllanding their contemplative
E 2 retire-
2$ An Account of the Plato nick. Moralitie,
retirednefs, were not inferior to the moft polifhed
Courtiers., in the neatnefsand complaifance of their
Deportment. Which I am apt to afcribe chiefly
to the readinefs and pregnancy of their Fancies; for
though a found and Iteddy J udgment (which rarely
goes in company with fubtil and flafhy imaginati-
ons) is the mold ufeful and commanding ability in
bufmefle, yet 'tis the quick and fpritely fancy that
takes and commands mold in converfe. A idrong
ready wit, with a bold and plaufibie Tongue, (hall
win more refpeCt and reputation,then all other more
valuable and emproving accomplifhments, if wan-
ting thefe advantages. Befides, they did not fpend
all their time and diligence in Bookifhnefs, which
renders Sehollars foft, Ally, unexperienced things,
but propofing to themfelves ability and judgment in
bufinefs, as one main end of Study; they rather ufed
their Learning, then admired it, according to that
Aphorifm of my Lord Bacon, Crafty men contemn jlu-
dies 3 Jimple men admire them 3 & wije men ufe them. But
the main ground of their good? meen, was their being
bleft with all the advantages of nature & education.
Were it not too tedious, to run through the whole
fuccefsion of the Academy from the ftrit rife thereof
to its utmoft period, it would not be difficult to re-
prefent to you, how every member thereof iuper-
induced to a pure complexion,and a gentile educati-
on the advantages of Travel and fevere Study; and
what
An Account of the Platontck^Morahtie. 2p
what more could be defired to compleat them in
all the Realities and Ornaments of Humane Na-
ture ? As Plato himfelf was of fo well-temper'd a
complexion, that he chofe an unhealthy place of re-
fidence, for a check and revulfion to his too high
and luxuriant habit of Body, and yet liv'd to a great
age unacquainted with ficknefs and difeafes , and at
lart this Socratick Swan expired infenfibly in a plea-
fant contemplation : EJletiam(faiesCkero) quiet £ &
■pur£ atque eleganter att£ £tatis placida ac lemsjene-
Bus, qualem accepimus T'latonis , qui uno & oBua^ef-
Jimo £tatis anno Jcribens mortuus ejl. And then for his
Parentage, though I do as little credit that he was
begot either by polio or by a SpeBre in his fhape,.
as I do that he was born of a Virgin Mother (and yet
both are reported by'many Authors, and feem to be
believed by more) yet 'tis part doubt that his ex«
traCtion was from two of the moft Antient and
moft Noble Familiesim Athens, his Mother Peri-
Bione being of the race of Solon, and his Father Ari-
fo of the Family of the Codri. And then for hisEdu-
cation he was no Athenian.Cockney, but was So-
cratess darling favourite, T ravelled into all parts of
the Learned World, refided a confiderable time in
the Court of V),ionyfius, where he was both admi-
red arid envied by the Courtiers for the unaffected
Gracefulnefs of his addredes, and fome fay the rea-
fon why he received fo bad ufage from the Tyrant,
was
30 \An /Account of the Platonick, Moralhie]
was that he exceli'd him fo far in all the Arts and
charms of conversation, that he feem'd to be almod
as much refpe£ted. and admired as himfelf. For he
knew how to be facetious without being vaine or
trifling,& how to be ferious without being foureor
morofe,his behaviour was alwaies mild and courte-
ous, his humour alwaies cheerful and uniform, and
his gravity at an equal diftance from morofenefs &
vanity ; to be brief, he was entirely adorn'd with
all the accomplishments that can command either
love or honour. And then for Tlotinus , his deport-
ment (as T orpbyrie relates in his life) was fo gentile
that his Audience was compofed of a confluence
of the Nobled and mod Illudrious Perfonages in
Rome ; his integrity fo eminent, that he was depu-
ted over-feer to mod of their Wills, and Arbitrator
in mod of their Controveifies, and yet mannaged
all with that Candor, Prudence , and Sincerity,
as that he neither lod one Friend, nor Purchafed
one Enemy in five and twenty years Refidence at
Rome , For the red of his life confult T orpbyrie and
Eunapiys. For the life of T orpbyrie 3 1 refer you to
Eunapius, but yet 1 cannot omit this fingle indance
of the goodnefs of his humour, that after an ob-
dinate conflict, and many reiterated controverfial
Rencounters with dmelw , as foon as he was con-
vinced that Truth and Amelius dood together, he
neither fcrupled to make a Publick Recantation
then
An Account of the Pi atonic k_ Moralitie. 31
then, nor to record it to Pofterity 5 that himfelf
wasbafled (as he has done in the Life of Plotims)
then which we fcarce know a greater irflance of an
He/oick Candour. For Proclus confult his Scholar
^Marinus the Neopohtan, and Philojlratus the younger
De vitis Sophijiarum( I fay theyounger 3 becaufe he
was Nephew to him that wrote the Hiilory of A-
pollonius Tyan<£us 3 though they be ufually confoun-
ded upon the Authority of that carelcfs Rhapfodift
Suidas, who has been the Author of infinite other
refembling miilakes ) laflly confult Eunapius for
the lives of JEdefus^ lamblicus, Sopater, (Conjian-
tines unhappy favourite ) Euflathius i and his eminent
wife Sojtpatra ( of whom fo many (Irange (lories are
reported j) Crifpus one of Julians Courtiers 3 a man
of eminent prudence and policy 3 Onhafius, Julians
Phyficianj PMaximus and Chryfanthius his great
Favourites, the former whereof 5 was an eminent
Courtier during the time of Julians Reign ,6c after-
wards(I fear too much J an inLlance of ChriflianCru-
eltyand Revenge 3 though the generous Chryfan-.
thius could never be courted from his Philofophick
retirements by all the Emperours importunity :Pro-
arefius, who was fo famous an Orator 5 that the-
Cityof2$M»* erected to him a publick Statue of
Brafswith this infcription^^o wa Peruml\oma 3 Regi
Eloopuentix, Hephtfftion, Himerms, Lihamus 3 Nymphi-
dianusy &c, and you will find them fuch a
fuc-
32 An Account of the Platonick Moralitie,
fucceffion o£ Gentile, Vertuous, and Generous
Perfons, that the Ethnick world cannot fhew the
like. To thefe I might add the novel restorers of
T latonifmi for as the Platonick fucceffion expired
not long after the reign of Julian , having received its
mortal wound from Conjlantine , who diilolved their
Scholes and difperfed their Profeffors • fo about
the fourteenth Centune, it began to revive and to
wreille with Arijiotle s Philofophie: for fome of the
Grecian Prelates , that then fate in the Council of Flo-
rence ( calld to reconcile the Greek and the Latine
Churches) feeing all other Philofophie quite dafhed
out of Countenance in thefe Weffern Parts by the
Anfotelianj they were not a little zealous to reftore
that of Platoj whence arofe the difputes between
Georgius TrapeZjuntius 3 and Georgius Scholarius on
the behalf of Ariflotle , and Befarion Bifhop of Nice,
(madeCardinalfor his eminent fervices in the Coun-
cil) and Gemiftus Pletbo on the behalf of Plato. But
Tletho getting into favour with Laurentius Cofmo the
great Duke, infpired him with fuch a mighty zeal
for the Platonick Philofophie , that he immediate-
ly devoted young Ficinus [Son to one of his chiefetl
Phificians) toitsReffauration, and educated him
accordingly 3 and invited that worthy Heroe Jo-
hannes Picus the Earle of Mirandula 7 Georgius FeJ^u-
fius 3 Cbrifophorus Landmus, Angelas Politianus 3 and
others to Florence 3 where they eredted an Academie.
Which
An Account of the Platonick. Moralitie. 3 3
Which,with much more,you may meet with in the
extant Epiftles of the Earl of Mirandula, Marfilius
Ficinus , and Anyelus Tohtanus. But I proceed.,
though the Platomfts could Artificially conform
their Behaviour to the more refined and Gentile
fort of Men, yet as for that falvage Beaft, the Po-
pular Rout, they valued no more to pleafe them,
then to gratifie Wolves or Tigres; for really (Sir)
folly is fo moulded into the Conftitution of the com-
moil and mechanical fort of men, that that Phi-
lofopher muft be well-nigh as abfurd as they, who
fuppofes them capable of wifdom, when they have
fcarce wit or judgment enough to think a thought,
that is not inept and ridiculous. Their childifh
and froward humour is not unhandfomely difplay-
ed by Charon. c All that they think is Vanity, all
c that they fay is falfe and erroneous 3 that they re-
c prove is good, that they approve is naught 3 that
c which they praile is infamous, that which they
c do and undertake is folly. So that 'tis not pof-
fible for any man, who afpires to wifdom, to con-
defcend to any compliance with their bafe and ab-
furd humours. And therefore thefe Sons of wif-
dome were as regardlefs of them, as of Apes and
Baboons.
But now for the Stoicks , their Converfation was
infolent and fupercilious, their looks affected and
artificial, their Deportment was fuch a foure and
E moroic
34 An Account of the Platonick.Logick,
morofe behaviour, as the vulgar dile gravity. And
I think jfofephus was not much midaken, when he
defcrib'd the rude and ill-natur d Pharifees by com-
paring them with the Stoicks, i (fayes he,
defcribing his own Se<St) lit Tf-f '£hKt)m
S«'*» Kty>H4JM, For as the fuperciliousPharifees accoun-
ted their own Se£t the only School of Sandfity, fo
the Stoicks edeem'd themfelves the onely Sons of
wifdom, and all others Children, Fools, and Mad-
men. I might both evidence thefe things by
feveral particular indances , and add feveral
other Prerogatives of the T latonick. Morality ,
but becaufe I fear I have more need to beg
your pardon for having been already fo tedious,
I fhall onely tell you , that you may find the
fairell and exacted Idea and Picture thereof in the
Life and Precepts of Socrates , the feveral linea-
ments of which lie fcattered and diffufed in Plato s
Writings, but are pretty handfomly collected into
one Table in a late French difcourfe of Mr. Julien
Davion, Entitled, he Crayon du Chrijlianifme en U
Thilojophie de Socrate.
And now I proceed to the next part of my
Task, their Logick, of which my cenfure is brief-
ly this, That as Platos manner of arguing is more
fuccindt then the tedious way of Syllogifing,fo 'tis
not lefs fure and evident, for what difcourfe can
P ro :
An Account of the Platonick. Logicl 3 5
proceed with greater evidence and conviction, then
after you have explain'd the Terms of the Que-
ftion , and agreed with your Adverfary about
the matter debated of, to propofe to him fome
Principles fo clear and palpable, that they (hall
either prefuppofe or enforce his affent, and from
thence to lead him by foduttion through a fe-
ries of proportions depending upon and orderly
deduced from your firft T roleptick ^Principles ,
till he is fairly brought or unawares betrayed in-
to an unavoidable necefhty of allencing to the
Truth you affert ? Which is the method that
TUto pretends to. I muff confefs that arguing by
Sylloptfm.es is more futable to Youths and Novices
in Reafon, but 'tis far more Elegant and Manly,
to mannage a few fhort Interrogatories with that
dexterity and ftrength of Reafon, as thereby to di-
ftrefs your Adverfary fo far, as to force him either
to Seal to your Opinion, or to retraCt his own for-
mer concelTions: For in the former Method, the
Difputant moves on by flow Progreffions, and takes
a great compafs about to approach and get up to
his Enemy ; but in the latter his motion is quick
and nimble,and the engagement fo direCt and fmart,
that it cannot be clofely purfued, but by Perfons
very expert and knowing in the Art and Laws of
Reafoning.
But fome that make the befl Laws, are not al-
F 2 ways
1 <ft V •>V" -
36 Account of the Platonic k Logickj,
wayes their beft obfervers. Thus though Plato's
difcourfings about practical matters are exceeding
hanafome and pertinent, yet when he treats of fpe-
dilative Notions., his rules of arguing could not be
more (\riCt, clofe, and exaCt, then his Argumenta-
in his put, ex- t ^ ons were wide, lofe, and incoherent:
otericm. When Patricius confidently affects Plat
to's demonftrations in his Parmemdes to be fo ftrong
and undeniable, lit nulU tales apud TMathematicum
ullurn reperiantur - 3 I commend his confidence, but
dare not contradict his aflertion, becaufe I think it
unhandfome to contradidt in a matter, which I
dare not be very confident I underfiand. But when
Adv. caium. Cardinal TSefarion afferts, Totum Platonis
l. i. e. s- Timreum ex fyllogifmis demonflrattvis con-
flare • I who have read over that difcourfe with as
mucfi caution and attention as I could., dare (by
the Cardinals leave) pronounce that there is not one
demonfirative fyllogifme in the whole Book; nay
that there is not one true and valid Argument, but
that the whole difcourfe is weak and incoherent:
And (to fpeak out plainly) thatPerfon will much
oblige me, that fhall direCt me to one material ra-
tiocination about fpeculatroe Theories in all Plato's
Writings, where I cannot fhew him fome manifeft
flaw or other. For they either (1.) bottome upon
uncertain and inevident Principles, as they generally
do j but becaufe there can be no certainty in the
con-
An Account of the Platomck. Logickj. .37
conclufion, without a certainty in the premifes,
and the certainty of intermediate proportions de-
pends upon the firf\ 3 if that be uncertain, the whole
trayn of Inferences deduced from it, (though aptly
connected to each other) muff needs be fo too. Or
elfe (2.) they are circular, as in his Meno he bot-
tomes the Souls Reminifcency of thofe Ideas, it
converfed with in a former ftace, upon its prefup-
pofed Immortality ; and yet in his Ph#do } he fairly
argues for the Souls Immortality from its prefup-
pofed Reminifcency. And any one that perufes
his Writings warily, will find them to abound
with infinite fuch Circles. Or (3.) he wanders into
matters remote and impertinent to the Subject and
Argument of his Difcourfe,roving into difputes of a
quite diftant nature from the Queftion in debate; or
beating about through wild, intricate and uncertain
Ambages, or taking a wide and tedious compafs to
purfue and drive a trivial word into its proper fig-
nification. Though perhaps this charge will admit
of an Apologie. Becaufemoft of his difputes were
mannaged againft the Sofmjls of that age, who made
it their whole bufinefs to maintain wrangles by
tricks and fhifts of words, and therefore who-
ever undertook to difpute againft them , mull
of neceflity be ingaged in word quarrels. And
hence it was that Plato does almoft every where
take fuch large compalles mcerly to vindicate the
% i-
38 An Account of the Platonick. Logick,
figtiification of a Tingle word againll their idle cavils,
and though fometimes he may purfue his task pref-
ly and coherently, yet becaule of the fmall impor-
tance of the matter debated of, his difcourfe mull
needs be both very tedious and not very profitable.
Or elfe (5.) there is fome flaw and incoherence in
fomeof the intermediate propofitions, which mull
needs marre the chain of his whole Difcourfe: For
the certain knowledge of Conf ?qifences is only condi-
tional, and fuppofes the Truth of Premifes, fo that
where any Propofition is falfe, there the coherence
ceafes, and all conclufions that follow it are abfurd,
becaufe incoherent. But if I fhould give you a CV
talo^ue of his Circular arguings, incoherences, con-
traductions, non-confequences, and all other viola-
tions of the Laws of afoning , I mull fend you a
Volumn as vafl: as his. And befides it would not be
lefs fruitlefs then tedious, and might feem to aim at
no other defign, but merely his difparagement. But
yet that you may not fufpe£t me of rafhnefs in
drawing up fo big a charge againft fo eminent a per-
fon without being able to backbit with a proportiona-
ble evidence,I fuppofe it will not be impertinent to
give you a competent proof of it, if I can perform it
without being tedious. Which may be done by pro-
pofing one inilance and referring you to an Author,
that will fupply you with infinite more,if you think
it worth the while to examine them. The Inilance I
(hall
/4n Jccount of the Platonick Lcgick. 39
(hall give you, is the known and famous Argument
for the Souls Immortality in his Phiedrus. n*#* 4^
to >8 dtmifn 7»r , tJ <rt" yjySr, vz? 1
x/»5jCM»#y, r*tvh<w i%>r Kiynnut, tomk < u %%»i fxow /» to oulri
xiw , «7* ix «7niAw7n5X itwri t uir»7o Anyti Kiyi'd^ty , dhAct >& i*i (
mAAoit ocr « kivmtvu, rn-n <rny>) >y 'afx» Kiynnaf' dpx^ 3 dy'we™*'
$ *Uyy» **v t I yiyybtxtyor ylyy&ai, M/'-nW $ / am /'' 'cl^ iy'of
ti )B o» t5 «?/£*• yiyiTo, ix 'dp 'J% dfyns ytyvono* irrnfn $ iy'i
r«78r S2» $ ifidpQtejiy om'tI dvxyxn 7t)' dpx*f $ a/xiAKf^mt > '«T6
a*rn w»T« ix, t5 '*Tt maao 1% tKH'mf yiyin-m ' *vrip 1% *pyn<
T* -mivm y'lyyiSm bto fit my no ^t«V dp%n, to out to Kiyny'nrt 'j * t '
'«TI Iwat W n ■miy T«T» igjivJc, Tat?A* T»
m/Hmrnrai rnyax, x) fxino7% A^9K swou «9»f X<PM9»K7*
«'9xi i «tv jj TnpA^uiyH n dp' Inur* xiynuiyn, -vj/i/x^
tow a*Vo 77c ix The fence of which
words is fully and more plainly contained in this
Analyfis, The Soul is always in motion • that which
is always in motion, h felf moving ; fW iv^zch zr Je/f-
moving, is never deferted of it felf- 3 that which never
defertsit felf never ceafes to moVe ; that which never
ceajes to moVe, is the fource and origine of all motion •
that which is the fmrce of all motion has no beginning ■
and that which has no beginning can have no ending. To
omit that every Proportion is either falfe 3 or un-
certain^ or incoherent, as your felf will ealily ob-
ferve, judge whether we are not likely to have a
mighty proof of the Souls immortality 3 when it
mull be refolved into its own felf-fubfiftence.
The Author I (hall refer you to 3 is Johannes
40 \An Account of the Platonicf Pbyfiologie.
Baptijla Crifpus his Quinarius Primus de Ethnicis
Pbilofopbis caute hegendis. Tis a Book of no fmall
bulk, containing above 500 pages in folio, and yet
the main bufinefs of it is to difplay the defe£tivenefs
of Plato's arguings: Where you may be fupplyed
with infinite apparent & palpable inflances thereof
if you will be at the pains to read and confider them.
We might pofiibly have had a better account in Theo-
pomp us his Book tm? iia/w©- of which thus
Atben &US II. 15. ©edwo/u*©- 0 x"'®~ -m! Xp tH( U.k*t*v@- </>«•
Tft&Yif 7K\y pun turn n'xgfim ly ■vJ/u/wj *v vs
lugtr. a\h »7fi»( '■$ tvj rrktinf ovtui In 'Ae/rl^«« J)etift0Sy,
«»«'«* 3 'Avveh'vsf , w#AA»f 3 Kix. W B(u't7*iy@- n 'H
Tbeopompus in bis Book_againf the Platonick_ Difciphne
and Injlitution, maintains that a great many of Plato'%
Dialogues are trifling and falfe, and that many others
of them are foln out of the Difcourf?s of Jrifippus, or
Antifbenes , or Bryfon of Heraclea.
After this brief account of Plato's hogick, ,1 come
now to his Natural Philof ipbie , in which I fhall en-
deavour ail poflible brevity , beca-ife this part, as
well as the former, doth not fo directly concern my
prefent defign, the intendment of my charge being
chiefely againft his Natural Tbeologje. But that my
Difcourfe may be entire in all its parts, and regular
in its method, I fhall to my account of his Logick
caft in this of his Phyfiologie. Which will be
Efficiently difplay'd and difparaged too, by telling
you
An Account of the PlatonickJPbyfioiopje. '41
you that in its main ftrokes it accords with the
Artfote lean Philofophie- a parallel between them
was afferted and demonstrated by Am-
monius, Porphyrie, Hierocles , and others, cclo &'
of the facred fuccelTion among the An-
cients 3 and among Modern Writers has been attemp-
ted by FoxiusjPavpentarm 3 Marronius 3 Buratellus and
others/The Retail of inftances you may fee in them 3
but he that tells you in grofs that they agree in one
Principle 3 by which alone they folve all the ap-
pearances and productions of Nature., tells you all.
For as Anjlotle refolves all T banomena into his
Forms 3 (which heftarts from the Bofome of mat-
ter) fo Plato folves all by th« Soul of the Univerfe
and Ideas^ (which in Greek are all one with Forms.)
For the Mechanical Hypo theftes having been probably
advanced to a confiderable Grandeur by Leucippus
and Dcmocntus (of whom Plato makes not any men-
tion in all his Writings) and other Ancient Vertuofi 3
thefe two great and ambitious Wits 3 T'lato and
Anftotle 3 defigning a Philofophical Empire to
themfelves fcorn'd to be fo meanly employ'd 3 as
only to improve other mens principles 3 and therefore
endeavoured to amufe the world with new ones,
which they knew others could as little confute^ as
themfelves could prove., by reafon of their obfcuri-
ty and remotenefs from fence. How little Arifotle
intended his Forms I houldbe underBood is already
G infinitely
-42 An Account of the PlatonickPhyfiologie,
infinitely notorious., and how little mind Plato had
that it fhould be ever known what kind of Thing
his Univerf tl Scul is^is as notorioufly apparent from
his defcriptions of it, which are nothing elfe but
fome odd fantaftick Schemes of numerical figures
and proportions, as you may fee in both the Ti-
m&us s • where tis highly pleafant to read how fe-
rioufly he prefcribes the Method of its Compofi-
tion out of numerical Ingredients. Take (faith he)
all the numbers which make up Mufical propor-
tions, as Diapafons, Vtapentes, Diatefferons, and an
infinite number more, out be efpecially careful not
to omit the double wrr*™*?*, that which arifes by e-
ven proportions, as ij 2, 4,8, &c. and that whofe
proportions run into odd numbers, as 1, 3, 9, 27,
&c. Mix and pound them together with all pofli-
ble exadtnefs, and if you find any void fpaces be-
tween the even and odd numbers, fill them with the
fmalleft (which are fome very fine and mi-
nute fragments) and when you have wrought all ex-
ceeding exadtly into the fhape of the Letter I, di-
vide it in the middle longways into two equal parts,
crofs them in the form of the Letter X, and be fure
to fallen them very llrongly at the Commiffure,
and then bow all four joynts, till at length you make
them fo pliable, as to bring them into a Spherical
figure, and then 'tis brought to a right Animary
Temper and Harmony* If this defcription (to
An Account of the Platonick. Pbyfiologie] 43
what ever purpofe 'tis defign'd) be not pr'odigioufly
filly and ridiculous, pray tell me what is. And
yet this fenllefs infignificant Jargon is made the fole
and intimate Principle of all Natural Events. All
Motions., Generations, Corruptions, Alterations,
Sympathies, Antipathies, the properties of Bo-
dies, the figure of the Heavens, the fyileme of the
Stars, the motions of the Planets, Eclipfes, Co-
mets, Meteors, The roundnefs of the Earth, the
Flux and Reflux of the Sea, the Original of Ri-
vers and Fountains, the Generation of Winds,
Thunder, Lightning, Clouds, Rain, Haile, Snow,
Ice, Dew, Petrification, the wonders of the Mag-
net, the Generation and Tranfmutation of Me-
tals, the Powers and Specifick Vertues of Plants,
the Variety of Animals, their Origine, their
Shapes, their Nutrition, their Faculties, The
Qualities of the Elements, Heat, Cold, Gravi-
ty. Levity, Fluidity, Firmnefs, Rarity, Denfity,
Perfpicuity,Opacity,Hebetude,Subtilty,Smooth-
nefs, Alperity, Hardnefs, Softnefs, Stubbornnefs,
Flexibility, Light, Colours, Sounds, Talls,
Smells, and all other Phenomena of Nature are
only fo many Tricks of this Magical kind of Soul.
If I could have fatisfied my felf it had been to any
purpofe, I fhould have given you an account of his
enormous abfurdities in all the forementioned parti-
culars, as they are difcourfed of in his Timaus } which
G 2 con-
44 An Account of the Platonick, Phyfiologie.
contains the whole Body of his Natural Philofophy.
But I fhall beg your leave to difmifs this Theme,
partly becaufe none have more profe (led ly difclaim-
ed the Platonick, Phyfiolopie , then they that llickle
moff for his other Whimfies, partly becaufe the
Anflotelian Philofophy having been of late fofhame-
fully bafled, this which agrees fo much with it in
its main Principles, and more in its Genius, mull
of neceflity perifh together with it, and fo will as
little need as deferve any particular confutation;
partly becaufe their P hyfiologie is well nigh purely
Theological • The Vlatonifls alwayes Treating of
tunngt * aunnaf n'ovov, dh\* K&I QtoMy/itvf, 2S P roduS obi€r-
ves • fo that in ventilating and lifting their Theolo-
gie 3 I muff alfo of neceflity difcufs their Natural
Philofophie, which is every where fo intimately
mingled with it; but chiefly becaufe I am lately
grown fuch a defpairing Sceptick, in all T hyfiological
Theories , that I cannot concern my felf in the Truth
or Falfhood of any Hypathefes. For though I pre-
fer the Mechanical Hypotheles before any other,
yet me thinks their contexture is too flight and brie-
tie to have any llrefs laid upon them; and 1 can
refemble them to nothing better then your Glafs
drops , from which., if the leafl: portion be broken,
the whole Compares immediately didolves and (hat-
ters into Duff and Atoms; for their parts, which
rather lie then hang together, being fupported only
An Account of the Platonick. Phyfolone. 45
by the thin filme of a brittle Conjecture (rot an-
neal'd by experience and obfervation) if that fail
any where., the whole Sylleme of the Hypothecs
unavoidably fhatters: And how eal le a thing it is
to fpoil the prettieib conjecture^, is obvious to the
molt vulgar obferver. The cheif reafon therefore.,
why I prefer the Mechanical and Experimental
Philofophie before the Anflotelean, is not fo much
becaufe of its lb much greater certainty 3 but be-
caufe it puts inquifitive men into a method to at-
tain itj whereas the other ferves only to obllruCt
their induftry by amufmg them with empty and
infignificatit Notions. And therefore we may ra-
tionally expeCt a greater Improvement of Natural
Philofophie from the 7 \oyal Society , (if they purfue
their delign) then it has had in all former ages; for
they having difcarded all particular Hypothef°s y and
wholly addiCfed themfelves to exaCt Experiments
and Obfervations 3 they may not only furnifh the
World with a compleat Hiftoty of Nature , (which
is the molE ufeful part of Phyjtologu ) but alfo laye
firm and folid foundations to ereCt Hypothef*s upon.,
(though perhaps that mult be the work of future
Ages:) at lealt we {hill fee whether it be poilible
to frame any certain Hypotl&efes or no, which is the
thing I moft doubt of, becaufe, though the Expe-
riments be exaCt and certain., yet their Application
loan y Hypotheses is doubtful and uncertain• fothat
though
46 An Account of the Platonick. fehgionl
though the Hypothecs may have a firm Bafis to bot-
tome uponj yet it can be faftned and cemented to
it no other way, but by conjecture and uncertaine
(though probable ) applications, and therefore I
doubt not but we mult at laft reft fatisfied with true
and exaCt Hiftories of Nature for ufe and practice;
and with the handfomeft and moft probable Hypo-
thefts for delight and Ornament.
And now I pafs over to the main defign of thefe
Papers, which is to give an account of the Plato nick.
Theoloyie: The Civil Part whereof, viz. ,. That
which concerns their Tubhck, Worjhip 3 I (hall omit.
For all theRelieious Obfervations of their Coun-
try being trifling, obfeene, or inhumane, their tem-
porifing Conformity to them., ftands upon Record
as one of their greateft Blemifhes: Though it muft
be confelled that the T latomfls were of ail men the
greateft Refiners and Improvers of Helenifme ; in-
ftead of rude and barbarous Ufages, introducing
civil and more mocteft Ceremonies. And yet the
latter f P latomfls, or fecond School of Plato, degene-
rated into the bafeft and fouleft Superdition, being
the greateft Patrons of Theurgical Bites and Magical
Arts, or rather fueling Tricks 3 (for whatever they
were, they could be no better] efpecially thofe of
them that did mo({ Pythagorife, As Apollonim Ty-
anceus, that grand ftickler for Ethnicif ne; Jambli-
cus , one of their Famoufeft Devoto's Julianus the
Syrian,
An Account of thePlatonichJT(eligion, 47
Syrian, Sirnamed Theurcus , from his Eminent
knowledge and agility in Magical Tricks, were great
Zealots for the Pythagorean Thilojophie. But if
you look into Eunapius , you will fee, that not only
thefe, but the Emperour Julian, Porphyrie, Maximus,
hibanius, A melius, Sopater, Aidefus, Cbryj anthius,
and others were Zealous Alferters of this Magical
kind of Jugling, chiefly (as 'tis fuppofed ) to con-
front the Chriilian Religion, and the Miracles on
which it flood. But I forbear to profecute this
Theme, my intention being not to difcourfe of their
publick and political actions, but only of their pri-
vate fentiments.
Their Theologie then confided of two parts;
PraBical\ or that which concerns Theological Ver-
tues; and Speculative , or that which concerns fpe-
culations about Theological matters. Which two
parts integrate a Body of Divinity not unlike to that
of King Ptolomics man in Lucian , who was one half
perfectly black, and the other exceeding white; fo
that part of their Theologie, which relates to pra-
£tice, is eminently clear and perfpicuous, whilfl
that which is employed in Theorie and Contem-
plationis monftroufly dark and obfeure. This lat-
ter I fliall endeavour to evince more largely in the
fequel of my difcourfe 5 but for a brief evidence of
the firfl, take this fhort Catalogue of their SentI-
ments concerning Religion,which are fuch as thefe.
48 \An Account of the Platonicl^T^cligion.
Its main defign is to perfect and dignifie humane
Nature, 'tis confonant to our Natural Reafons,
complies with our Natural Neceffrties, relieves
our Natural Wants. It confifts in living up to
our Faculties., and aCtii.g as becomes Rational Be«
ings ; In clearing the Soul from prejudices and
prepofleflions, and purfuing Truth with an honed
and impartial Simplicity : In following the Con-
du£t of Reafon, and being confident in its Gui-
dance, feeing the Condition of him that does fo is
as fecure, as 'tis certain that Infinite Goodnefs can-
not be angry with him, that has eiideavourd with
all faithfulnefs and diligence to know and do his
Duty. It relides in the Mind and Spirit, not in
CulFomes and bare Ceremonies. It is Free and In-
genuous, not Slavifh and Troublefome, becaufe it
flows from a true Love of God and Goodnefs. It
is truly Noble and Generous, and requires of us
to a£t fuitable to the Dignity of rational Beings,
to 1 eep up the Splendour ar.d Grandeur of our
Natures, and to fcorn any Action that's unhand-
fome, or unworthy our Station and Quality •" It
commands us onely to live like Men, and forbids
us nothing but what makes us Brutes or Devils.
It teaches us to imitate and refemble the Divine
Perfections, to be God-like in Wifdom, and Ju-
(lice, and Goodnefs, in Meeknefs, ar.d Pity, and
Clemency, in Kirdnefsand Patience, in forgiving
Injuries^
63V
An Account of the Platonic f Religion. Iqg
Injuries, and Pardoning Enemies, in doing hurt to
no Man, and doing good to every Man. It inter-
didts us not any Innocent Delights, but onely re-
ftrains the Extravagancies of our Paflions and Ap-
petites. It is the moft conducive Indrument in
the world to the pleafuresof both Mind and Body;
Infelicities (though Providence were banifh't the
World] being the Spontaneous Jjfues of Vile Pra-
(dices; and Sin the Natural Womb of Punifhment;
it therefore permits (unlefs in fome fpecial contin-
gencies) all Corporeal Pleafures, as far as they are
healthful andpleafant, and debars us of no delights,
but thofe that are deftrudtive of the Tranquillity of
our Minds, or Indolency of our Bodies. It produ-
ces a fweet and gracious temper of Mind, that
caufes an univerfal benevolence and kindnefs to
Mankind. It makes us Affable, Humble, Cour-
teous, Charitable, Moderate, Prudent, Unpaffi-
onate. It confids of Love, Candour, Ingenuity,
Clemency, Patience, Mildnefs, and all other In-
dances of Good-Nature. It deteds nothing more
then a Peevifn, Fro ward, Morofe, Uncivil, Paf-
donate, Furious, Talkative, Fanatick Zeal. It
begets a true Liberty and Freedome of Spirit. It
Exempts us from all effeminate Fears and Scru-
pies, and begets the greated Serenity and Chear-
fulnefs of Mind. It indrudts us to aread no Evil
from God, but to look upon Him as an infinitely
H Gracious
50 An Account of the PtatdnickJfyligiorf.
Gracious and Benigne Being., that defigns nothing
more then the happinefs and perfection of his Crea-
tures ' 3 that Tranfa&s with Mankind by gentle and
paternal Meafures, and that is fo far from tying
upon us Niceties and Scruples, that he pities our
Infirmities, and bids us to concern our lelves oriely
about plain and palpable Duties. It is the mots
fpritely and vivacious thing in the world, driving
away all fad and gloomy Melancholly, begetting
in us a firm and rational Confidence, and the inef-
fable joys of a good Confcience. It advances the
Soul to its Juft Power and Dominion, and enables
it to govern all Corporeal Appetites, and therefore
enjoyns us above all things to fhun Intemperance,
not only for its own Intrinfique Bafenefs, but for
its mifcheivous EifeCts; becaufe it naturally fo
debauches and dulls our Reafons, as to difable them
for all good and vertuous ACtions. For Religion
is pure, cleanly and fpiritual 5 but an intemperate
fenfuality is nafty, fottifh, and makes the mind of
man cheap and foolifh, and unapt for any thing that
is Manly, Generous, and Rational, and fo is the
greatefi: Impediment to all the ends and Exercifes
of Religion, which direCtly tends to the enobling
of our Natures, the fortifying of our Reafons, the
fubduing of all our lower and fottifh Appetites,
the advancing of our manly and intellectual Abili-
ties, in any thing that renders us lefs like Beads, and
more
An Account of the Platonick Religion, 51
more like men. But as for Intemperance 3 that
does by a natural neceffity befot and weaken the
vigour of our Reafons, and fo directly thwart all
the ends of Religion 3 for it either ftupifies or en-
rages our Spirits., either fluffing our Bodies with
dull, watry 3 and flatulent humours., or putting their
Ferments into irregular and extravagant motions.
I have often known a rude., wild 3 di(lolute 3 chole-
rick 3 ungovernable Spirit enter into perfons (other-
wife of a welHnclin'd Complexion J by no other
way then a wide and devouring Throat. To con-
clude 5 our work in this World is to fee that the
0 *Av9turif maintain its own Authority againff all
the affaults of rude and barbarous Paffions 5 that it
tame and civilize that wild and falvage TSeajl, to
which Providence has tyed it, that by a compleat
Victory over all ignoble and unhandfome motions
of the brutifh Faculties^ it may be in a manner re-
flored to the condition of a pure and intellectual
Being • and fo be capacitated to relifh the joyes
proper to God and Spiritual Natures, for we are
not capable of that degree of Felicity which they
enjoy, till our Souls are rendred fo by proportio-
nate degrees of Purity and Holinefs; for the hap-
pinefs of Heaven is pure and intelleCtuah and there-
lore our minds are purged here from all feculen-
cies of matter^ that they may be fitted and quali-
fied to relifh its Enjoyments; fo that when the vi-
H 2 gorous
5 2 An Account of the Platonick. Theologie.
gorous Energy of the Soul has melted down all the
drofly parts or fluggifh and unweildy matter^ and is
become Gcd-hke, and purely fpiritual, then
it fhall mount up into the Regions of Blifs and Hap-
pi lie fs/and fhall be admitted into an intimate con.
verfe and union with the Divine Nature, andfhall
live in the Ravifhiug Contemplations and Embra-
cings of uncreated Beauty,and bathe its dilated Fa-
culties in the full fireams of Infinite Goodnefs 3 and
Sun it jfelf in the Invigorating Beams of Light and
Love^ and fpend a whole Eternity in the blifsful
A<Rs of Love, and Joy, and Peace 3 and every
thing that can procure or encreafe its happinefie.
By all which, you eafily difcern that Religion is
no Arbitrary Exa&ion^ but Wife and Rational 3
and of natural neceffity to perfect and refine our
Natures., to raife and purifie our Minds., to pre-
pare and fit us for a higher and more Divine Con-
ditioiij the Soul being not capable or fit without it
to enjoy the pleafures of God and Heaven.
And now I defcend to their Speculative or Me-
taphyfical Theologiej which the Platomjis Rile Di-
vine; The Peripatetickf Primitive Philofophie • and
include in it that which they call Sapience or {Me-
taphyjicks'j fo that I fhall not confine my felf to mat-
ters meerly Theological but fhall take in all the
general Principles of Science; efpecially becaufe I
do not intend a purfuit of all particular Difputes^
An Account of the Platonic f Theolopie. 53
(for that would be an endlefs undertaking) but only
fome fuch General Exceptions., as though they
may have a more direct afpeCt on JMetaphyficH
Speculations> yet may concern their Phil ofop hie in
grofs, and cad an oblique look upon alL its other
parts, This premifed, I proceed
1. The firil thing therefore, againd which I ex-
cept, is their way of refolving knowledge into its
firjt and fundamental Principles - 3 in that by rejeCt -
ing the Tedimony and Judgment of fenfe in mat-
ters of Philofophic, they do but involve and per-
plex the Principles thereof, under the pretext of a
more abdraCted and intellectual difcovery of
things: For hereby the minds of men are taken oft
from the native Evidence of plain and palpable
Truths, and are fain to ground all their knowledge
upon nice and fubtle Speculations, whereby, at
lead, clear and unqueftionable Truths are refolved
into Principles infinitely more uncertain and difpu-
table then themfelves. And that the Platonic f way
of refolving knowledge is juftly chargable here-
with, needs no other proof then barely to reprefent
it. They then fuppofe that the Truth of all Be-
ings confids in a conformity to their Archetypal
Ideas , whereby they mean fome General Patterns,
by which all the Individuals of each fpedes are fra-
med, fo that to invedigate the Nature of things,
we mud endeavour to know the Refe'mblance they
* have
54 An Account of the PUtonick Tkeolotrie]
have to their Originals ; and that therefore to re-
fled: upon thefe 3 and to confider their agreement
with fenfible things, is the onely way to attain a
certain knowledge of the Natures of the things
themfelves. And therefore Tlato concludes the
Omnifcience of the firfl Mind , from the fuppofi-
tion that it is furnifhed with the Ideas of all things.
And that Mankind might be in a capacity of know-
tng the Natures of things , he auerts that God
has hang'd a multitude of thefe little T^iBures of
himfelf and all his Creatures in every mans under*
flanding 3 thatby attending to them 3 he might dired
himfelf in his Conceptions and Notions of the things
in Tim ■*# themfplves^and that herein alone confllls
the Nature of true Science; and therefore
the only difference he affignes between Science and
Opinion 3 is 3 that the one attends to thefe unchang-
able Ideas., but the other to the uncertain and va-
, riable Reports of fenfe. And in ano-
In Epiji. ad . \ \ - r r •
Dionis Amicoi. ther place 3 dilcourlmg more partial-
larly of this Notion ; to the Science of
a thing he requires a threefold knowledge., viz,, of
its Name 3 of its Definition 3 and of its Pidure,which
laff he afferts to be the cheif caufe of knowledge,
and inftances in a Circle 3 to the true Science
whereof, 'tis neceffary that we know by what name
to exprefs it 3 and then its Definition, that 'tis a
figure, whofe parts are every where equally diffant
An Account of the Platonick Theologie. 5 5
from the Centre • and laftly, that it be reprefen-
ted to us by fome vifible figure; which, fayes he,
gives us a far more folid knowledge of the nature
of a Circle then the other two; and is that which
advances our knowledge from Opinion to Science :
Now (continues he) the fame ufe that thefe deli-
neations have in Mathematical Theories , Idea's have
in Phyjlcal Speculations , as therStare we beft under-
(land what a Circle is by looking upon its Delinea-
ted Figure, fo the fureft knowledge, we can have
of the Natures of things, is gotten by contempla-
ting their Ideal Pictures or Images engraven on our
underftandings.
But firft, methinks this fetching of Principles
and Proleptick. Notions out of the mind of Man, is
the fame thing, as to anatomife the eye to fearch
for the firft Principles and Poflulata of Opticks:
For as 'tis the Nature and Office of the Eye to con-
template and obferve thofe objects with which 'tis
prelented, and thence to frame Optical Rules and
Maximes, fo 'tis of the mind to (peculate and con-
fider thofe things, which are any way conveyed to
its notice, and thence to make general Rules and
Obfervations, which after an exaCt fcrutiny and
comparifon of every individual, are jullly admitted
for Proleptick and fundamental Verities: fo that
general A%iomes are only the refutes and abridgments
qf a multitude of fingle Experiments; thus from
the:
56 \An Account of the Platonic/^ Tbeolojne.
the plain experience and observation of all man-kind
was framed that unquestionable Maxime, That the
whole is greater then its parts, becaufe they faw and
found it was fo in all individual Bodies in the world,
and the Reafon why all men affent to it at the firft
propofal, is becaufe they cannot look abroad, but
they are prefented with innumerable inftances there*
of,every vifible thingSn the world being a whole com*
pounded of parts fenfibly Smaller then it Self. Now
to what purpofe Should Providence imprint Such
obvious and apparent Notices as this upon the
minds of Men, when as but to open our eyes, is e-
nough to difcover their undoubted Truth and Evi-
dence ? A man that has animadverSive Faculties,
has as little need to be minded of Such obvious and
apparent Certainties, as a man that has his Eyes in
his head, has to be taught that there is a Sun in the
Heavens. But SuppoSe that we were born with
thefe congenite Anticipations, and that they take
Root in our very Faculties, yet how can I be cer-
tain of their Truth and Veracity ? For 'tis not im-
poilible but the Seeds of Error might have been the
natural Refults of my Faculties, as Weeds are the
firft and natural iSlues of the bell; Soyles, how then
Shall we be Sure that thefe Spontaneous Notions are
not falSe and Spurious ? Now the. only way to be
fully Satisfied of their Truth and Sincerity, is to ex-
amine them by a wary and difcreet Experience ,
An Account of the 'Platonic£ Tbeologie] 57
the Ted whereof will remove all ground to doubt
for the future of their Integrity. And if fo, to
what purpofe do Connate Principles ferve; for be-
fore I have made Try al J cannot ufe them, becaufe I
have no Reafon to trull them, till I can be certain
of their Veracity3 which I cannot be, but by Ex-
perience, which yet makes them ufelefs; becaufe
Experimental knowledge is of all others the fafed
and moll unquedionable, and therefore mull needs
render all lefler evidence vain and unneceffary. At
lead when our knowledge proceeds in an Empiri-
cal wa y 'tis folid and palpable, and made fo un-
doubtedly certain from the plain and mod undoub-
ted Teldimony of Senfe and Experience, as unde-
niably to convince Scepticifn of a pitiful and ridicu-
lous Gbdinacy. But when we begin our know-
ledge from Notions within our felves, beiides that
'tis a difficult and nice difpute to prove that the
mind of man is furnifhed with any fuch innate Pro-
lepfes 3 and that we are deditute of any fure kv.v'&tty
to difcern Natural Anticipations from Preconcep-
tions of Cudome and Education (unlefs we bring
them to the Touchdone of Experience) 'tis doubt-
lefs that Generalites are not capable of fo palpa-
ble and convidtive an Evidence, as fingle and par-
ticular Oblervations. And therefore Advancement of
my Lord Bacon has well noted it as none Le * rnin &- Luc -$
of the lead obdrudtions to the advancement of
I know-
58 An Account of the Platonick^Theologie.
knowledge, that Men have fought for Truth in their
own little Worlds, and that withdrawing themfelves
from the Contemplation of Nature, and the ObferVati-
ons of Experience, they have tumbled up and down in
their own Speculations and Conceits ; Jfnd fo haVe by
continual meditation and agitation of Wit urged„ and as
it were, invocated their own Spirits to Divine 3 and give
Oracles unto them 3 whereby they have been deferVedly
and pleafingly deluded.
But fecondly, however the cafe may be as to o-
ther Innate Notions 3 the Exigence of Tlatos Ideas
is altogether precarious and uncertain, and there-
fore abfolutely unfit to be made the foundation of
all Science, for by them they unanimoufly under-
ftand real Pictures and Images of things, painted
and carved upon the Mind, rather then Habits,
Thoughts, or Conceptions, and therefore Tlato
defines them to be •» which
further appears from the grounds from whence they
labour to deduce them; for it is evident, fay thfy,
that the Eternal Mind exerted Intellectual ACtions
from all Eternity, but becaufe there can be no In-
telleCtion without an Intelligible ObjeB, it mud fol-
low, that there muft be Exemplars and Ideal objefts
in the Divine Mind, to terminate the aCtions there-
of. But to fuppofe that the underftanding cannot
aCt, unlefs it be employed about an objedt really
exifting, is not only precarious, but for any thing
appears
#
An Account oj the Platonic k. Theologie, $9
Mr appears to the contrary, contrary to every mans
Tits Experience, feeing we are all able to create Chi-
\u maras at pleafure. But though this Pojlulatum were
in granted as to created Intellects, yet to tie and li-
by 1 mit the Contemplations of the Divine Mind to a
U pre-exiftent objeCt, is (befide many other abfur-
p dities) not lefs rath and unwarrantable then to con-
toty fine the operations of Omnipotence to the Laws of
Matter and Motion: feeing then there's no tollera-
too- ble Evidence to be produced of the Truth and Re-
JUtji ality of thefe Mental Images , what can more betray
lore- the caufe of Science to the Exceptions of Seepticks,
jn of then to refolve its utmoft Truth and Evidence in-
fa to fuch uncertain and imaginary Principles ?
Ked 2. A fecond Fault, for which they are juftly
^ blameable, is their ferious endeavouring to know
f lji, and define the Notions of abllraCted Eflences; for
which ^efe P ure ail< ^ Seraphick IntelleCtualifts forfooth
defpife ail fenfible knowledge, as too grofs and
ft u material for their nice and curious Faculties, and
0 difdain to purfue any knowledge, but what is pure
' ^ and Intellectual, that is fuch as is futable to their
[f 0 {. refin'd, and as it were, feparated Underftandings •
■fy and therefore they cheifly employ their Thoughts
]ere> about abdraCted and purely Metaphyfical Beings;
^ and thence they take upon them exaCtly to defcribe
the meer Ejfences of all forts of Beings, whether
L Material, or Immaterial ; whether they belong to
; s I 2 the
6o An Account of the Platonick Eheolofie,
the intellectual, or to the fenfible World: In or-
der whereto, they refolve all Beings into their fim-
pie and unmixt Ingredients, and then attempt to
aflignc their precile notions and differences from
each other. Thus they Analyfe all Phyfical Bo-
dies into ten Principles or Primitive Ingredients 3
for firft,they fuppofing that all things,by how much
the lefs perfeCt they are, are fo much the more
compounded, and then placing Bodies in the low-
eft ranck of Beings, they infer that fomething of
all Superiour Eflences muft concur to their Con-
ftitution, fo that all Bodies muft participate of the
PAtridu ' S n * ne Superiour Orders of Beings, viz.-,
Panarchia, e- Form, Quality, Nature, Soul^ Mind, Life,
jcvcnch'Book. Effence, Unity, One, from the mixture
of which, after the four feveral wayes
of Compofition, i, e. of Profundity, Latitude, Lon-
gitude, and Solidity refults Corporeiety, And
Tome are fo ftrangely fubtle and ablLaCtive, as to
make a real and fubftantial difference between Mat-
ter and Body. Again, to pafs by their feveral
kinds of immaterial Motion and Harmony, they
make five forts of Numbers, Divine, whofe Pro-
perty is U niformity; Subfantial , whofe Property
is Immobility ; Animarie , whofe Property is aPow*
er of Self-moving; IN^atural, whofe Property is a
Capacity to be moved; Mathematical, which is the
common fort, and the grofleft of alb becaufe (izy
they)
An Account of the Platonick Thee lope. 6i
they] it may be deciphred by External figures. But
if they are able to frame a Conception of any Num-
ber, befides that which is Mathematical they have
more faculties then I, who am born but a Man, and
live by the ufe of my Reafon, and five Senfes.
And yet they confidently enough affay to give the
world minute defcriptions of thele, and fuch other
nice and fubtle Ellences.lt will be unnecelTary to ex-
amine their particular performances, if 1 can evi-
dently ConviCt the Attempt it felf of Folly and
Madnefs, as I prefume to you I eafily can, Becaufe
I know you are already fufficiently convinced how
fruitlefs and infignificant thefe definitions of Meta-
phyfical and abflraCted ElTences are, for they are
in truth nothing elfe but notifying that thing by
more words of a narrower fignification, which at
other times is fignified by a fingle one of a larger
Import, as if in Arithmetical Accounts, wefhould
denote one greater fumme by many little ones. But
the exprefiing of a thing by divers words, does not
more unfold its Nature, then when 'tis figned by
one ^ becaufe the ufe of Words is not to explaine
the Natures of Things, but only tofiand as marks
and fignes in their flead, as Arithmetical figures
are only notes of Numbers and therefore Names
are as unable to explaine abftra&ed Natures, as
figures are to folve Arithmetical Problems. I am
not ignorant that it has been an ancient and credi-
table
6i An Account of the Platonick Tbeologie,
table Opinion of the Platomjls, that Names have
in them a natural refembiance and fuitablenefs to
things, and are peculiarly expreflive of the feveral
natures and properties of thofe things they areufed
to reprefent. But words being meerly feveral Mo-
difications of found made by the Organs of Speech,
can have 110 likenefs to any thing but founds ; and
where a word fignifies any peculiar found, it may
have a natural refembiance to it, by giving it a
found like that which it reprefents, as Tintinnabu-
lum and Clangor, which words ftrike the Organs of
hearing fomewhat after the fame manner, as thofe
things do, of which they are exprelftve. But to
imagine that any words fhould carry in them a re-
femblance to any things befides Noifes, is an ab-
furd and groundlefs conceit • which will evidently
appear by impofing upon words contrary fignifi-
cations, and applying them to exprefs things quite
contrary to what they now fignifie. For Example,
take the Names, by which Fire is expreffed in all
Languages, and apply them to water • and fo on
the contrary, call Water by the names of Fire , and
you will eafily perceive they have no more natural
Correfpondency to the one then to the other, and
- that the Names of fire have as much agreement
with the Nature and Properties of water, as they
have with the thing they now fignifie, and that they
would as well exprefs it^ if men would agree to
change their Impofition. And
An Account of the Platonick. Theologie.
c And therefore I conclude that the office of De-
0 finitions is not to explain the Natures of things, but
1 to fix and circumfcribe the fignifica ion of Words;
i for they being Notes of things, unlefs their fignifi-
cations be fettled, their meaning mud needs be E-
quivocal and uncertain; that is, unlefs it be deter-
d mined of what things fuch particular Names are
My figns, no man fhall be able to fignifie his Thoughts
ita to another,becaufe he will ufe uncertain figns.And
4 therefore to define Matter, Form, Subftance, Ac-
rof cident is not to unfold the Intrinfick nature of thofe
0fe things,of which the names of Matter formfubfance^
to Accident are marks and figns, but only to define
t' what things I intend to exprefs and fignify by thefe
i). « Names. And unlefs I have fome Idea and know-
jty ledge of that thing which I call Form or Accident,
ji- Antecedently to my denoting of it by thefe Names,
pte they wil 1 be altogether infignificant, becaufe I know
)p| Cj not what thing 'tis which they fignifie, and the
nail Names themfelves give me 110 more knowledge of
; d0 u thofe things, then Gas and Bias or any other words
Ai of no defined fignification. All which I hope fuffici-
ra | ently evinces the vanity of Metaphyfical definitions
imJ in order to the difcovering the hidden Eflences of
fx things. But yet further,we are fo far from attaining
ie „ any certain and real knowledg of IncorporealBewgs [of
an acquaintance with which, thefe Vifiontfts fo much
' 0 boaft) that we are not able to know any thing of
| Corpo-
64 Jtn Account of the Platonick, Theolone.
CorporealSubflances asabEradf from their Accidents.
Ttiers nothing can more perplex my Faculties,
then the fimple Idea of naked matter. And certain-
ly, it was never intended that meer Eftences fhould
be the Objects of our Faculties. And therefore the
truely wife and difceraing Philofophers do not en-
deavour after the dry and faplefs knowledge ofab-
Eradted Natures, but only fearch after the Proper-
ties, Qualities, Vertues and Operations of Natu-
ral Beings; the knowledge whereof may be acqui-
red by Obfervations and Experiments;but there are
no certain means or rational Methods (that I Could
ever yet meet with) to inveEigate the myEerious
Ideas of bare and abEra&ed Edences. Befides, all
Beings are either Objects offence, or not; now to
go about to difcoverthe nature of the former by
metaphyfical definitions, would be ridiculous, fee-
ing they are far better underflood by our fenfes.
If any one fhould ask me, what a Bed-EaE or a
Joint-Eool is, the only way to acquaint him what
they are, is not to amufe him with fine artificial de-
finitions, but to fhew him the things themfelves :
And befides to abEradl fenfible things from ma-
teriality, is to abEraft them from themfelves, be-
caufe their very EfTences are Material. And then
of them that take upon them to defcribe the Na-
cures of Beings that are not obnoxious to fence, I
demand by what ways and methods they came to
An Account of the Platomck. Theologie,
that knowledge. For cis not enough to prove that
this or that is the Idea of anything, becaufe fome
fanciful men are able to make pretty Hypothefes
concerning it, but if any man have attain'd any cer-
tain knowledge thereof, he is able to gi\e a rational
account o; the way and method, by which he pro-
ceeded in his Enquiry. But this thefe bold definers
neither have, nor can do • but if you will be fo ci-
vil as to take their words, they will requite your
Civility by acquainting you with more Erarige and
Eupendious MyEeries. And here {before I conclude
this head) I cannot but proclaim a Quarrel againE
the Metaphyficks of the School-Doff ors,who pretend
too by their definitions to unfold the moE hidden and
abEradted Effences of Things. But their perfor-
mance is a pregnant Argument of the vanity of
their undertakii g. For their VaEVolums are fil-
led with well nigh nothing, but empty and infigni-
ficir.t words, frivolous and confus'd diftinCtions,
ufelefs and imaginary notions, precarious and un-
certain fuppofitions, fencelefs and unintelligible
Difcourfes, and with a deal of fuch phantaEick and
uncouth Enff, as makes Fools Eare, and Wife men
laugh: But the Intrinfick ElTence of anyone Being
is no more explain'd and unfecreted after all their
Labour, then it was afore. This, Sir , you may un-
derEand as a recantation of my Errour, or rather
bemoaning my unhappinefs, in that I have (contra-
K ry
66 An Account of the PUtwckjTheolvgie,
ry to what you once advifed me) loft fo much time
andinduftry in thefe abfurd and fencelefs Authors.
And though this be only to accufe, yet 'tis as eafie
a task to make good my charge to the utmoft, as 'tis
to make it, but that, becaufe it cannot be done nn-
lefs by an induction of particular inftances, would
require a larger Difcourfe then can be allowed to a
Digreflion in this Letter.
3. My Third Impeachment, is their affedting a
myfterious obfcurity and abftrufenefs, thereby to
render their notions more folemn and venerable. Of
this I might produce you infinite Inftances:But for a
full convidtion, let me only engage you to fpend one
hour either in Plato' s Parmemdes [which
in put.Tbeoi. though Proclus thinks an entire & exadt
8, p ' io"!&c\ Syftem of Platonick Divinity, yet him -
felfe wafts feveral Chapters in an En-
quiry after the fcope and defigne of that Dialogue)
or any of thofe of his Theological Commentators,
whom they will allow to have underftood him, [for
Patricks will not allow that his firft Gloffers to the
number of above 7 5 were able to reach
In his Plato his meaning) but cheifly Proclus his 6
Hooks upon Hlato's Theologie , or for bre-
vity fake his Theological Inflations annexed to them.
Of the Obfcurity and Ambiguity of Plato's fenti-
ments concerning the Deity , -I have treated you
know where, & therefore thither I refer you, on-
An Account of the Platonic^ Theologie] 67
\y let mt note ? that when Cardinal Bef-
farion profefles to give us a brief 8tfum- fomcwhat too
J A r Pi ■> • r i tedious to trail-
mary account or Plato s notion or (jrod fctibc.
in his P armenides amaffes together (as their man-
ner is) a Cento of flat contradittions^fk, gives a Defcri-
ption much like that PeripatetickRidAof matter,
Aiha Laha Cnf vis 3 nec £Mas 3 nec Fcemimfnec Andro-
gyna 3 nec cajla^ nec meretrix 3 nec pudica 3 jed omnia 3
and then applauds both himfelf and Plato for their
Orthodox fentiments about the Deity, Juft fuch am-
other fenfelefs Jargon is that fuppofititious piece of
Dyonyfius the Areopagite 3 de Vivims C^omimhus. A-
gain is it not a wild kind of fpeculative fanaticifme
to explain the unaccountable Ideas of immate-
rial Beings, by numbers and figures, of which I have
already given you a fufficient Inftance ? But if I
fhould tranfcribe their pretty dreams and conceits
of the fupercflential Unity, of the Divine Orders and
Oeconomys 3 of the »•*# *5 of the Pa-
ternum Profundum, Jynges 3 Teletarch#, Fontani Pa-
tres 3 of the Field of Truth ,the Super-celefial Regions
dclnvifible Heavens, together with the defcriptions of
their feveral Inhabitants, 8c of all other Intellectual
Hypoflafes J am confident it would tempt your gravity
(though you were Stoically morofe) much beyond
theeflayofa fmile, unlefs perhaps your perufal of
Jacob Behem may have prevented their novelty.
But the Grecian Theology ( as 'Proclus
K 2 con-
68 An Account of the Platonick Theologie.
tut Theoi contenc b being founded by Orpheus, ad-
1 1. c. 5. vanced by Pythagoras , and compleated
by Plato • as Orpheus reprefented his
myfteries by Tales and Fables, Pythagoras by
Numbers and Symbols, fo Plato and his Followers
j^iave c in imitation of them) communi-
See ?roc!us plated their Notions by Emblems, Fa-
iib!°"'c. f. (S ' bles, Symbols, Parables , heaps of
Metaphors, Allegories, and all forts
of Myftical Reprefentations (as is vulgarly known.)
Ml which upon the account of their Obfcurity and
Ambiguity are apparently the unfitted; fignes in
the world to exprefs the Train of any mans thoughts
to another : For befide that they carry in them no
Intelligible Affinity to the Notices , which they
were defign'd to intimate, the Powers of Imagina-
tion are fo great, and the Inftances in which one
thing may refemble another are fo many, that there
is fcarce any thing in nature, in which the Fancie
cannot find or make a Varietieof fuch Symbolifing
Refemblances; fo that Emblems, Fables, Sym-
bols, Allegories, though they are prettie Poetic^
Fancies, are infinitely unfit to exprefs Philofophical
Notions and difcoveries of the Natures of things:
and befides,feeing they have left us no key to thefe
dark Cyphers , there can be no fure and conftant way
to unriddle what conceptions are lock'd up under
them; fo that it does not only require a great deal
of
An Account of the PldtonickL Theologie,
of pains to frame conjectures of their mea ing, but
the fureft: we can pitch upon are withal fo uncer-
tain and ambiguous,, that they unavoidably leavens
fluctuating in meer uncertainties. And what wife
man will take fo much pains for fuch a knowledge
that can at higheft amount but to a doubtful guefs?
The truth of ic is, they have by thefe Exorbitances
been highly injurious to the advancement of true
and folid Philofophie; for it needs little lefs pains
to difcover -their meaning, then perhaps it would
to have examined the thing it felf, and yet when
that is done, we are as far from our end as before.
The end of Philofophie is to fearch into and difco-
ver the Nature of things, but I believe you under-
(land not how the Nature of anything is at all dif-
covered, by making it the Theme of Allegorical
and dark difcourfes.
But I muft not too much aggravate this Accu-
fation upon the Platomfs in particular, feeing ic
has been the Cacholick Crime of all the Learned
World. The c Jllonk. of Viterho in his Counterfeit
TSerofus derives this Art of wrapingupand unfold-
ing Myfteries at the fame time from Noah , but per-
haps another man would have fetch't its Invention
from the Oracular Devils, who taking upon them
to foretel, what they could not foreknow, were for-
ced to ufe fuch fhifts to hide their Ignorance,
Ambage nexa defhico mos eft Deo
Arcana tegere: And
■MB
it i
70 An Account of the Platonick, Theologie.
And from hence they who affected a Title of Wif-
dom imitated their Oracles., and becaufe they un-
dertook to explain thofe fecrets, which were above
the reach of their Inquifition 3 that they might not
difcover their ignorance inftead of their knowledge^
they wrapt up their Myfteries in dark and amigma-
deal Reprefentationsj as being too Sacred and Ve-
nerable (as they pretended} to be proflituted to
stromat. /. f. vulgar and unhallowed Minds. Clemens
* Laert.in his Alexandrinus roundly charges almoft e-
Ltfe ' very Sedt of thePhilofophers herewith.
*Only Epicurus took the word **wu*Perfpicuity for
his Motto 3 whereas the reft generally difclaimed it.
The ftory is common^ that Hipparchus was bani-
fhed Pythagoras his Schoob ana a Mvovipitv fet in his
place, as of a Perfon loft, and all becaufe he went
ck. ie fini- about to unriddle the Pythagorich^ Arcana:
t>ns. 1 .2. neither is Herachtus his Sirname 'Mtuvis
becaufe of the obfeurity of hisWritings lefs famous,
Clarus oh ohfeuram linguam magis inter inanes } as Lu-
cretius quibbles upon him,& Laertius relates of him
in his life, That he Wrote a Book fo monftroufly
obfeure, that at length it became a Controverfie,
whether it treated of a Common-wealth j or of Nature.
And no lefs common is Arifiotles Epiftle to Alex-
, , ander, wherein he profedes that though
*£ he had made his Books pubiick, yet he
pint, m Aiex. not p U bli(hed them 3 and therefore
he
An Account of the PIatonic f^Theologie. 71
he divides his Writings into Exotericks* that were
•Intelligible to Vulgar Readers, and EiJotericks, that
were Intelligible to none but Sons of Art -Whence
Jtticus in Eufebws compares him to the Cuttle-
Fifty, becaufe he like that fort of Filh, hides him-
felf with his own Inke. And how well the School-
Dodtors (his great Admirers) have imitated him,
I need not tell you, onely I have more then once
with pleafure obferv'd it of /Egidius,that where he
cannot make his Mafter Aquinas fpeak good fenfe,
(though the Non-fenfe be palpable) he attributes
a Myllerioufnefs to his extraordinary and more then
humane fubtletie. Shall I add the proud Race of
Spagyrijls, who (like JEneas ) go cloathed in clouds.,
and what they difcover by their fire, darken by their
imoak? I might add many modern Writers, but
I forbear, only methinks all the World feem to have
gone to School to that Pedagogue in Quintilian,
Qui difcipulos obfcurare qua dicerent, juberet 3 rnftimr.
graco verbo utens rKmnv. All Writers are am- 18 c -
bitious to have Commentators, and certainly 'tis
not a little eflimation that obfcurity gains from the
Vulgar, whence that commendation in Quintilian,
Tanto mehor 3 ne ego quidem Intellexi ' 3 and that con-
clufion in Lucretius,
Omnia enim Jlohdt magis admirantur amantque 3
InVerJis qua f ib Verbis Latitantia cernunt,
But
"j i \An Account of the Platonic^ Tbeclogie.
But all that they understand, they defpife, t3 ^
i /ifa( } faies Synefius in his Encomium
Cafaifik r. Now Since I have ventured to play the
Ariftarcbus in reference to fomany eminent Vertuofi,
methinks I may dare to add the fame Cenfure of
our late English l\cfee&rufeans 3 but yet of all men I
am moft forely afraid of angring thefe, becaufe they
feem to be of a very quarrelfome Humour, and to
have a huge ambition to be efteemed the Polemi-
cal Scripturients of'the Age ; whereas I have been
feared from Engaging with a Rofie-Crucian, ever
Since I firft faw the Controversial Rencountresof
Eugenius Tbilaletbes ; and befides, (to confefs my
fears to you) I know not but the Romantick Heroes
of this Order may have retreiv'd the loft Invention
of Enchanted Arms, efpecialiy that lovely Fairie
Knight defcended (as the Romance of his Life re-
lates it, 'tis a prettier Tale then that of Jmadis de
Gaul) of the CefarHeydons of Rome , and the venera-
ble Author of the Heydonian Pbi/ofophy 3 as himfelf
modeftly ftiles his own ignorant, uncouth, and ri-
diculous Scrible.
But 'tis more Sitting that thefe Pcdantick Cheats
were chaftifed by the Publique Rods, in that they
directly Poifon mens minds, and difpofe them to
the wildeft and moft EntbuJtafiickJPanaticif>ne ; for
there is fo much Affinity between Roji-Crucianifme
and Entbufiafme , that whoever entertains the one,
he
An Account of the Platonkk. Tkeologie. <7 j
he may upon the fame Reafon embrace the other;
And what Peftilential Influences the Genius of
Enthufiajme or opinionativeZeal has upon the Pub-
lick Peace., is fo evident from Experience, that it
needs not be prov'd from Reafon. To conclude,
I am confident, that from the beginning of time to
this day, there has not been fo great a Conjunction
of Ignorance with Confidence, as in thefe Fellows,
which certainly of all other AfpeCts is the moft
contrary and malignant to true knowledge.
4. My next Accufation is, that inftead of pure and
genuine Reafon, they abound fo much with gaudy
and extravagant Phancies. I that am too Ample
or tooferious to be cajol'd with the frenzies of a
bold and ungovern'd Imagination cannot be perfwa-
ded to think the Quaintelt plays and fportings of
wit to be any true and real knowledge. I can eafily
allow their Difcourfes the Title of Pbilofopbical
Romances, (a fort of more ingenious impertinencies)
and 'tis with this eflimate I would have them read :
But when they pretend to be Natures Secretaries,
& to underltand all her Intrigues, or to be Heavens
Privadoes, talking of the TranfaCtions there, like
men lately drop'd thence encircled with G lories 3 and
cloathed with the Garments of Moft?s 8c Elias 3 and
yet put us off with nothing but rampantMetaphors,
and Pompous Allegories, and other fplendid but
empty Schemes of fpeech, I muft crave leave to
L account
74 An Account of the PlatonickTholo^ie,
account them(to fay no worfe)Poets &Romancers.
truePhilofophie is too fober to defcend to thefe wild-
nelies of Imagination, and too Rational to be chea-
ted by them. She fcorns, when fnee is in chafe of
Truth, to quarry upon trifling gaudy Phantafms:
Her Game is things not words. .1 fhall not prefume
to cenfure Plato's Stile for its being too Pompous &.
Poetick, though this has been done already By Ari-
jiotlea Dionyfius Ha/tcarna[feus 3 Voffius^ud other Pro-
feflors of the Critical ^frt. Only I remember I had
not long converfed with Platonick Authors, when
I took occafion to fet it down as a note to my felf,
that though a huge lufhious flile may relifh fweet to
childifh and liquorifh Fancies , yet it rather loaths
and nauceats a difcreet underftanding, then informs
and nourifhes it. That T latonif me is almoil nothing
but an Allegoriea is too notorious to want a proof,
Plato's two famous Dialogues, "Di*». his Sympofium
and his Phtdrw, ranked by Picinus among his Me-
taphyfical and Theological Treatifes, treat of no-
thing but Love and Beauty 3 and of them too in
Poetick Schemes and Fables. Tis pretty to read
their MetaphyficalDifcourfes of Truth, which are
nothing elfe but LoVe-Jiories. The foul being en-
amour'd with the tranfcendent Beauty and Love-
linefs of Truth is enflamed with impatient defires
of enjoying her embraces, and therefore Wooes
and Courts her with indefatigable Patience, for fhe
muft
An Account of the Platonic4 Tbeologie, £
muft be fuppofed ( as all other Beauties are) ex-
ceffively coy and difficulty but by diligence and im-
portunitie the underftanding wins and enjoys her;
And then they exprefs their embraces in the fame
language 3 they would fpeak of the privatetranf-
actions between Man and Wife.Thus (you fee)they
have the main Propertie of T\omancers to talk much,
of Love. And indeed Plato himfelf feems to have
been the firft Author of Amorous 'Romances , for to-
wards the beginning of his ConVmum he chides the
Poets, that lived before him, for their Omiftions in
reference to Love, and that when they had made
Panegyricks of all the other Gods. None of them
had ever attempted anElogie upon This.
Now toDifcourfe of the Natures of Things in
Metaphors and Allegories is nothing elfe but to
fport and trifle with empty words , becaufe thefe
Schems do not exprefs the Natures of Things, but
only their Similitudes and Refemblances, for Me-
taphors are only words, which properly fignifying
one thing,are apply'd to fignifie another by reafon of
fome Refemblance between them. When there-
fore any thing is exprefs'd by a Metaphor or Alle-
gory, the thing it felf is not exprened , but only
fome fimilitude obferv'd or made by Fancy. So
that Metaphors being only the fportings of Fancy
comparing things with things, and not marks or
fignes of Things. All thofe Theories in Philofophie
L 2 which
<7 6 An Account of the Platonick. Theologie,
which are expreffed only in metaphorical Termes,
are not real Truths 3 but the meer Products of Ima-
gination, drefs'd up (like Childrens babies) in a few
fpangled empty words, fuch as the Greeks call
MMfwi^empty Phrafeologies that have not Notion
& Thing enough to fill them out. Thus their wan-
ton & luxuriant fancies climbing up into the Bed of
Reafon, do not only defile it by unchaB and ille-
gitimace Embraces, but inBead of real conceptions
and notices of Things 3 impregnate the mind with
nothing but Ayerie and Subventaneous Phan-
tafmes.
But 'tis Bill more fantaBick and abfurd to talke
metaphorically concerning thofe things, of whofe
Ideas we are utterly ignorant 3 & of which we are not
able to difcourfe in Proper Terms, for fuch Dif-
courfe muB needs be Non-fence, and the matter
of it muB needs be nothing; becaufe they treat of
they know not what. For Metaphors not fignifying
things, and things being always fignified by proper
Termes, what can be more evident then that meer
Metaphors without proper Terms are employed
about nothing at all, or only an Imaginary fome-
thing. And they that talk thus, do but BrB ima-
gine a Subject, and then imagine in it fome Re-
femblances to fomething elfe, that is in effect, they
make a bauble 3 and then play with it. Of this Na-
ture, (to give you one InBance ) are the greateB
part
An Account of the Platonick. PheoloAie. 77
!s > part of their difcourfes concerning the Soul, in di-
a * fcourfmg of which, they draw Metaphors from all
w the Senfes, Members, and Fun&ions of the Body,
ft from all the General Hypothefes of Nature; from
n ' all the Phenomena of the Heavens and the Earth,
from all the feveral Properties and Operations of
^ the feveral fpecies of Creatures, and apply them to
the Nature, Faculties, and operations of the Soul ♦
ions But becaufe they are altogether ignorant of the na-
vitli ture and fubdance of the Soul, and are not able to
ifflJ* exprefs the greated part of thefe things by proper
terms; all thefe Metaphors mud pafs for idle and
ie infignificant Non-fenfe, becaufe they fignifie we
ife know not what, and defcribe we know not how;
a . fo that methinks the PlatonickPhilof ophie is jud fuch
% another thing as the Epicureans fancy the world to
Et be, a Mafs of pretty words handfomely and luckily
:atot pack't together 5 I muft confefs that before I had
jiiig examined it, by reafon of its huge Tumid words,
opet I look't upon it at a didance, as the loftied and fub-
peer limed knowledge in the world, but when 1 came
oyei to furvey it more clofely, I foon found that it was
jK. nothing elfe but words, fo that I may more hand-
D2- fomely compare it to a Landskip, in which at a
didance appear huge Rocks, and vad Mountaines,
^ that feem to vie height with, and out-reach the
fo Clouds, and yet by a nearer approach thefe vad
£ H bulky Appearances are found to be nothing but a few
:r£ Artificial Shadows, 5, Ano-
7& dn dccoufht of the PUtonick Theologie.
5. Another mifcarriage is, that they employ
much of their Contemplations in things altogether
uncertain and unfearchable. They delight excef-
lively to wander into remote and invifible Notions,
and to talk confidently [as Travellers into forreign
Regions are wont to do) of doubtful and unaccoun-
table Problems,and any thing which is as far dillant
from Humane difcovery, as concernment. Which
fcopelefs defire of fearching into things exempt from
humane Inquifition, is that which renders Curiofity
Criminal; For Curiofity it felf is a gallant and he-
roical Quality, and the natural Product of a Ge-
nerous Complexion, but when it afpires after the
knowledge of things placed above its Reach, it de-
generates into a vain and fruitlefs Ambition, or ra-
• ther an unnatural lufl; of the mind after llrange and
extravagant Notions. Though the Truth of it is,
The minds (or rather fancies) of men have fuch a
natural liquorifhnefs after the knowledge of things
llrange and remote, that they fwallow nothing with
fo grateful aGuilo, as (lories of things rare and un-
ufual • neither care they how uncertain and phan-
tallick they be, fo they be but odd and prodigious;
and hence it comes to pals, that men are generally
more tickled and enchanted with Legends and T\o-
mances, then with ufeful and remarkable Memories.
Which (they fay) is the Reafon why the Ancients
made fo much ufe of Fables and Apologues to in-
firudt
An Account of the Plutonic4 Tbeolocie. 79
f ftrudF the People,, becaufe they carried in them
r fomething monltrous, and exceeding the limits of
Probability. The fenfelefs multitude, that could
1 not rellifh the wife Difcourfes of Socrates, would
1 f be much taken and furprifed with a pretty and ex-
travagant Tale of a Lyon, an Ape, or a Fox, &c.
But not to aggravate this Chiidifhnefs of thele dull
M and muddy Souls. 'Tis an unpardonable Luxury
om and Wantonnefs for Wife and confidering Philo-
(it? fophers, to fpend their time and ftudy to difclofe
dillant and infcrutable Myfteries, and frontlefly to
e- didFate to the world in fuch Theories, as are infi-
ie nitely remote from humane knowledge and difcove-
> ry, and which 'tis as impoffible to know, as it would
b be if they had never been. And that the Platomfts
d are of all men mod chargeable with this folly, thefe
it\s, few enfuing inftances may demonflrate. As when
icha they confidently take upon them to give the world
lings exaCt and minute defcriptions of Incorporeal Be-
with ings; To give an account of the Nature and Oeco-
d on- nomy of the God-head, and how the feveral Ranks
fop. of Ideas are fufpended upon the three iyitha/ Jrooinif
ins j Uniform Hypojiafes , to pry into the mod hidden R e-
ally cedes of the Divine Mind, and diftindFly to deli-
neate how the Ideas of all Created Perfections are
fUSi there difplayed. To difcourfe about the Subflance,
, rts Nature, Properties, Offices, AdFions, Orders, and
jii. Polities of Angels: To affert that the Heavenly
idt Hoft
8o \An Account of the Platonic^ Theologie.
Hod is divided into three Hierarchies, and that each
Hierarchie is fubdivided into three Orders, and e-
vert Order into as many Legions, as there are con-
tain'd Individuals in every Legion, i. e. 6666 • and
that this Ternary of Hierarchies, and Nonary of
Orders do Circulate about the three-fold Eflence
of God, (as the Planets about the Sun) with infi-
nite other the like Dreams about their peculiar
Natures, Offices, Diifances, and Employments:
. _ , . And withall to pretend to demonflrative
See Prochs in • i r i • a r
piat. theoiog. Evidence inthele things. Again, when
they confidently aflert the Firjl Mind to
be the cnely Author of Souls • and that humane
Souls were temper'd in the fame Ve(fel 3 where the
Soul of the Univerfe had been wrought; and that
they were made out of fome remaining fragments
of that mixture out of which theGods of the fecond
and third Clajjis had been framed ; That the Firjl
Mind had deputed the Genii os Junior Deities Guar-
dians of his Of-for in g; and that it is they, that
Marry them to their Refpedtivc Vehicles. When
they define whether the Apojlate Genii be purely im-
material • and whether they be vitally united with
matter; and whether they were made peccable on-
ly by union with their Vehicles - 3 whether any of the
Uerul Spirits be Atheifis or no , whether any of
them be of a fportive, droling humour, and delight
to effeCt An tick Prodigies in the Aire, to abufe and
affright
An Account of the Platonick^ Theologie. Hi
affright filly Mortals'; How they change Intelli-
gence, and difcourfe together. When they deline-
ate the Cofmographie of the Archetypal World, re-
plenifhed with the Immaterial Ideas of all mate-
rial Beings; and defcribe the Syfleme of the Invifi-
ble Heavens. When they frame particular Hypo-
thef es, not onely of the nature of the Soul, but of
the manner of its living, before its lapfe into this
life, and after its return home aga in. LafUy, when
they Graphically defcribe the manner of the worlds
laft and final Conflagration : I might add too their
Hypothefes about the manner of the worlds Produ-
Ction ; for unlefs they had been Spectators, it was
not poflible for them to know in what way and me-
thod the Univerfe was EreCted ; that depending
wholly on the free Election of the Divine Will:
Though fome Learned Men have thought it a migh.
ty Confirmation of the Truth of the Mofaick Wri-
tings,if they could but evince a confonancy of any of
the Philofophers Hypothef ?s with the Mofaick account
of the Origine of the Univerfe; as if their naked
furmifes could give anyTeflimony to Truth : For
either they received the Account they give, from a
credible Tradition, and if fo, then JWofes was the
firfl: Author thereof, for none elfe could give any
certain Account of the Procefs, Providence was
pleafed to ufe in the Production of things, but cer-
tainly tis no Argument of the Truth of the Mofaick
M Account,
8 2 An Account of the Platmick, Theologie.
Account, becaufe the Jews told it to the Epypti-
ms y and they to the Grecians , for this can adde no
Authority or Evidence to it: Or elfe they were of
their own framing, and confequently were altoge-
ther groundlefs and unwarrantable Conjectures;
for it was furely impofhble any mans Reafon fhouid
tell him the particular Circumftances of the worlds
Creation; as that its material Principle was a Tohu
and a Bohu, that it was agitated by the Divine Spi-
fit, that feveral Portions were form'd at feveral
times, that ail was fiuifhed in fix days fpace, ra-
ther then five or feven, and the like: this defigne
therefore of difcovering a Confonancy between the
Hypothefes of any of the Philofophers concerning
the Origine of the Llniverfe, and the Mofaick Ac-
count thereof, is abfolutely fcopelefs and unprofi-
table. But this is a digrefTion that has thrull; its
felf in here before I was aware of it. To refume
therefore my former Theme, is it not the higheft
and moll difingenuous madnefs for men to give fuch
confident and definitive fentences in matters fo re-
mote and unaccountable ? All the forementioned
particulars (to which it were eafie to add a thou-
fand more) are apparently beyond the reach of hu-
mane Cognifance, and luch things as cannot be
known but by Revelation, there being no other
means to attain to any knowledge of things of
their vaft dillance and remotenefs. And if we
An Account of the Platonic£ Theolofie. % 3
will but reflect upon our own Thoughts, we mart
confefs that we cannot perceive the Ideas of Beings
that are not placed within the Horizon of Senfe,
and thofe that pretend to&difcoVery of them, had
better pretend to Oracles, Prophefies, Illapfes,
and Divinations, then to the fober and fteady Max*
imes of Phiiofophie. And therefore 'tis not un-
ufual with the Platomfs to pretend to a kind of
Enthufiafme. They llile themfelves the
infpired Priefts of Truth; and their Phiiofophie
ir8«®- as if it had been poured into them in
a Divine and Extatical Fury 1 , and Pmlus fays it
a thoufand times of Plato and his Commentators,
that they did ». as if they had written with
a kind of Bacchical Enthufiafme ; And they every
where talk fo like Prophets and Oracles, as if they
were infpired at leaft by a Bath-Col : And 'tis huge-
ly pleafant to read their own Exorbitant Parades of
the Exalted, Divine , and Extatick fublimity of
Platonick Contemplation; they boaft fo often of
fequeftring themfelves from all Corporeal Com-
merce, and foaring up into the Ethereal Regions,
that a man would expert News from the third
Heaven every day. If they were in good earnetl,
we might exped: flrange difcoveries indeed, but
alas, thefe Sons of Imagination are as little trou-
bled with Real Extafies ■•, as other men, onely they
are pleafed to exprefs the Frenzies of their fiery and
M 2 fubtle
r &4 Account of the Platonick^Tbeolo^ie.
fubcle Fancies by thefe Allufions. So that let them
talk never fo Seraphically of retiring from the tri-
vial and commori Entertainments of fenfe, they do
but fit down in the Theatre of Fancy, and enter-
tain themfelves with the Idola Specus , or Images of
their own Complexion, and though they take them
for great Realities, (as other. Sleepers do their
Dreams) yet when they awake out of their fanci-
fill Vifions, and return to a Rrength and confiRency
of Reafon, they then difcern them to have been on-
ly evanid Appearances reprefented (as all Dreams
are) upon the Scene of Imagination.
Now 'tis a great miftake of fome men to think
it necellary that we fhould be able to confute fuch
vain and ungrounded Pofitions; and that for this
Reafon, becaufe they are out of the Sphear of hu-
mane knowledge 5 for though they may fometimes
perchance, like the Cartefian Vortices , juEle with
fome certain Truths belonging to our Sphear by
reafon of their Vicinity,yet that happens by chance,
and is not neceffary: But being in their own Na-
tures out of our View., 'tis not to be expected we
fhould give any account of them, becaufe that
would be to affert what we cannot know, which is
to commit the very fault we are now chaftifmg;
'tis therefore fufficient to' fhew the abfurdity of an
aftertion, if I can evince it to be unevident, though I
can not to be untrue, for it is not lefs unbecoming, a
Wife
An Account of the Platonic^ Theo logic, 2 5
ffi Wife man to aflent to an uncertainty than to an
i- untruth: becaufe 'tis not the real certainty of a
io Truth, that is a fufficient motive of our affet t, but
r- its evidence to us; for all Truths are in themfelves
)f ' equally certain (though not equally necefiary and
ki durable) but 'tis from the variety of evidence that
ii\ the difference of our knowledge proceeds; and
ti- howfoever aOertions may be in themfelves real and
ffij certain Truths, yet unlefs they are evident as
!on- well as* certain, they will be to us vain andh£titi-
m ous Phantafms. . And therefore I cannot but com-
mend this one Paradox of the Stoicks, That a Wife
ink man is always free from Opinion, Ignorance,, and
ch Error: From Opinion,, becaufe he will not af-
& - fent to uncertainties: from Ignorance, becaufe
W what he knows not, he knows that he knows it
not, and fo has as much knowledge of the thing,
with as he is capable of: from Error, becaufe he that
r ^ will neither aflent to what is uncertain, and knows
aKe what is to be known, and what not, can fcaree be
liable to miftakes. And it was none of the leaf! In-
fiances of Epicurus'$ Wifdom and Modefty, that he
^ made it one of his cheifeft Phyfiological Canons , that
•bis he had nothing to do with *5 vimat-
jjo • t ers wieerly PojfUe 3 and meerly Contingent • and there-
: an fore he was alway.es wont to (fate and conclude all
rhi Quelfions about the Phenomena of the Heavens,
' 7i and all other remote and unevident Enquiries,
J e with nothing elfe but It may be f ?, . Be-
26 \An Account of the Platonick. Theolopie,
Befides in fuch cafes any man may affert whatever
a warm or giddy Brain may fuggeft, and we (hall
have equal inducements to embrace contrary Hy-
pothefes • thus as ^Mahomet has fomewhere in his
Alcoran , defcribed the Syfteme of the invifible
Heavens,the Orders of Angels,& the feveral Folds,
in which their feveral Chorufes refide, as well as
Tlato , fo I have as great Reafon to induce me to
credit the ^/Mahometan Hypothefis as the Platonic
And then (to difpatch) we are not concern'd'in fuch
cafes to fhew the vanity of the Aflertion (for that
we fuppofe impoffible] but that of the A fetor,
whom we blame for a&ing fo much againft all the
Rules of Reafon, in affirming that, which 'tis evi-
dently impoffible for him to know; whereby he
both troubles the world with debates equally un-
neceflary and endlefs, and obftrutts the Advance-
ment of True Knowledge, by diverting thofe that
are in queft after it, into dark, dubious, and endlefs
Traverfes: And certainly among the many things
that have been hindrances to the difcovery of Truth,
none feem to have been of a more unhappy and dif-
fufed Influence, then that men have been generally
digging for it, where its veins lie too deep, and out
of the fathome of humane Induftrie.
Now if this cm Caution againft dogmatizing
in matters remote and unevident were well im-
bibed , it would not only prove an effectual An-
tidote
An Account of the "Platonic4 Theolone. 87
tidote againft many thoufand pedilent controvert
lies, that infed the world, but alfo a deadly Bane
to the Platonick Pnilofophie; for if in reading the
Platonilds, you {hall as you proceed, but ask them
for a rational evidence of their magiderial dictates
(efpecially in thofe things which they boall of as
their fublimed {peculations) and refolve that you
will* not make them matters of opinion, 'till they
(hall have given you fome rational inducements
fo to do 3 I will engage you (hall never be one of
their Difciples, though you fhould ftudy them to
the revolution of their Great Year.
Before I take my leave of this Confideration,
I cannot but note that this Impudent humour of tal-
king confidently of things uncertain and widely re--
mote from humane Cognizance was the peculiar
crime of the fird andearlied Hereticks in the Chri-
dian Church. Thus the main of the Heretical O-
pinions of the GnoJlicfo } and the feveralfub- dividing
Factions of them, Valentinians, Saturnilians, Bafili-
dians and other primitive Hereticks were only fome
extravagant Hypothefes concerning the Divinity,
and its Effential Emanations, and their feveral Yjy-
Zjigi#, and Pleromata } out of which they framed a
peculiar Oeconomie of the Godhead,com pounding
the Divine Nature out of a multitude of Orders
and Individuals ( you may fancy it fuch a kind of
Moulder, as the Picture of MvHohhs's Leviathan.)
And
88 An Account of the Platonick Tbeologie.
And this they did by blending fome Fancies out of
Plato 3 and Fables out of Hefiods Theogonia with the
Gofpelof Saint John 3 as the Fathers unanimously
conclude. And as 'tis reported of Simon Magus 3
that he endeavoured to compound a Religious
Worfhip out of the Rites of Pagan ifme, and the
Sacraments of Christianity • fo 'tis manifeft that the
Gnojlicks would have integrated one Syftem of Di-
vinity by mingling the Orphean 3 Pythagorean 3 and Pla-
to^ic^Theologie with the Dodtrines of the Gofpel.
Of this fort of men and their Dodlrines all the more
learned Commentators underftand the frequent
cautions of the Apoftles againft Herefies and Here-
ticks, and peculiarly that eminent paSSage/Wo/. 2.8.
where the Apoftje. warns them againft Philofophie
and Vain deceit 3 after the Tradition of men , after the
Jgudiments of the world 3 1, e. a -^ivScoyv^®- yvvvH a falfe
knowledge that pretends to know the higheft my-
fteries upon the naked After tions of fome confident
men. And of thefe and the feveral emanati-
ons of the Godhead do they underftand thofe fabu-
lous •ycvtafioyiiu Saint Paul mentions 1 Tim. 1.4. fo that
theHereticks 5 tne Apoftles fpeak of,were only giddy
and opinionative men a that took upon them to in-
troduce the Opinions of the Philofophers into the
Chriftian Faith : For which reafon it was that Ter-
tullian (tiled the Philofophers Hereticorum Patriar-
chaSj becaufe from them were borrowed the greateft
part
An Account of the Platonic/^ Theologie, 8y
part of Heretical Opinions. Thus the Learned
*Holfiemus has made a Parallel between the Pytha
gorean and Manichean Principles. And
Johannes Haptifta Crifous in his difcui- viu
Ting of Plato s Opinions, has at the end phjr *Ti. F ° r '
of every Chapter fhewn what Here-
lies fprung from each Opinion. In this Notion of
Herefie the School-Doctors will prove as Arch-
Hereticks as any of the Ancients., for they have in
the fame manner corrupted the fimplicity and pu-
rity of Christian Religion,, by blending the Placits
of Arijlotle with the Articles of Faith , as planes
and Valentinus did by mingling with the Chriftian
Faith, the Philosophy of Plato and Pythag oras. And
then they have nlled their vail: Volumns with fub-
tie and nice Hypothefes made out of this mixture,
out of which are of neceftity generated an infinite
number of idle and unprofitable Altercations,or as
(as my Lord Bacon prettily Ftiles them) Vermiculate
Quefiionsj becaufe they are generated from the pu-
trefaCtion of true and folid knowledge, like worms
from putrified fubftances: though perhaps they
may ere long deferve that Epithete upon another
fcore. I might have added to them the late grand
Dogmatical Mailer of Orthodoxy, whofe rude
Dogmatifing has occafioned as many Controverfies
in the Chritlian Church,as ever Manes or Valentinus
did. The refult of all this is to direCt to the true
N Apo-
<jO An Account of the Platonick Theologie.
Apoftolical Notion of Herefie, which is not fo
much an Opinion that is apparently falfe,as one that
is groundlefs and unwarrantable, and fo naturally
tends to the creating unneceffarydifputes, and ma-
king Factions and Divifions, as T lotinus fpeaks of
Ennead 2 . the Gnoficks > that they were Inventors of
ltb ' 9 ' new and Vain Opinions, to no other end then
the erefling of a peculiar Sett. And though moft of
the Primitive Herefies were falfe and impious, as
well as rafh and ungrounded, yet that which gave
them their denomination, was their vanity and ten-
dency to create mifcheivous and deikruCtive
Schifmes. The way then to prevent Controver-
Ties, and to avoid Schifms, is not to define, but fi-
fence groundlefs and dividing Opinions. The
Church fhould in fuch cafes imitate Socrates' s Da-
won , that never gave any pofkive Anfwer, but as
oft as it was confulted anlwered either No, or No-
thing ; becaufe they are ufually ftarted about mat-
ters uncertain, and coniequently undeterminable.
So that when both Parties determine contrary to
each other, and upon that feparate, they are both
equallySchifmaticks,becaufe they both divide upom
inefficient and unwarrantable grounds.For inftance
(to pafs by that early and unhappy guartodecimarian
Schifm,) In that grand Schifm of the Greek_Cburcb
from the Eomane , though the latter was notorioufly
Schifinaticai, yet the former was not altogether
. guilc :
An Account of the Platonic4 Theolofie] yi
guiltlefs: for although they had Reafons fufficiere
to warrant a feceflion from the Romamits ^ as the
Popes ufurpation in challenging a Power toiinpofe
on them new Articles of Faith , and putting of this
Tyranny into pradtife^ by requiring of all that
would be Members of the Romane Communion,
to receive his addition of the Filioque into their
Creeds : Now ( I fay) had they divided only for
the maintaining their own Liberty againfl the Pa-
pal Encroachments, and for not admitting the
addition of Filioque as an Article of Faith 3
their feparation had been juil and noble. But
when they flood as obftinately on the other fide,
as the Romanifts did, and would not admit
of an Union, but upon Condition, that it might be
received as an Article of Faith, that the Holy
Grhofl proceeded from the Father only 5 they can-
not be cleared of a Schifmatical divifion. Now
if inldead of being dogmatical in both thefe contra-
ry Extreams, both Parties had agreed to filence
the Controverfie and decide it neither way, as
Truth would not have been lefs fecur'd, fo Peace
would have been much better preferved. I con-
elude therefore in the words of a late Learned
and Judicious Divine. Jf the Church had flopt
and damn d up the Originals and Springs of Control
Verfes , rather then by the determining for the one part 3
to proe them as it were a Pipe and Conduit to convey
N 2 them
^2 Of the Agreement between Mofes and Plato.
them to Poferity A perfwade my fdfthe Church had not
fuffered that inundation of Opinions, with which at this
day it is oVer-run.
Tbef uppof?d Agreement between
MOSES mi PLATO
D IS P ROVED.
I Have (Sir) prefented you with thefe Refle&i-
ons rather then any other , not fo much becaufe
I apprehend them more confiderable (though
perhaps they are fo) as becaufe they firO; occurred
to my Thoughts : For it had been no difficult
work to have added Infinite more • but thefe Con-
fiderations being already too prolix, and the fmall
portion of Time allotted for this Task almoil ex-
pired,1 fhall wave thofe that remain, and only vin-
dicate the Accufations I have already made, by ex-
amining 8t controuling an Apology, that endeavours
to wafh them off.
For it is replyed on Plato's behalf, that he can-
not well be charged with Rafhnefs and Futility,
but the Accufation muft reach Mofes alfo, and the
reft of the Sacred Prophets ; becaufe from them
Plato borrowed his choiceft and fublimeftTheories,
which if in any thing vain and trifling, the firft Au-
thors ought in reafon to beare the greatefl Blame,8c
fo
Of the Agreement between Mofes and Plato. 93
mi - fo at length my charging Plato with Futility , if it
hu be valid, will fall foul upon Mofes himfelf. Which
farther compleatly excufes his Rafhnefs, feeing
he delivered his Theological Theories, not from
his own Fancy, but derived them from fo good
andfure an Authority, as Mofes and the T ropbetr.
And that he did fo is the unanimous confent of all
the learned world : Fathers, School-Doctors, and
ModernWriters agree not more unanimoufly in any
IcCti- one Principle then this: 7/ Iri TIkJivy, i)
dt is now become as vulgar and trivial as a Proverb.
®gh The particular account they give hereof, is this,
rrd That Plato derived many of thefe Myfleries from
:uk Tythagoras , who in his Travels into /Egypt and the
fSr .. Eaft had either immediately received them from
the Jewes themfelves,or from the/Egyptian Priefts,
flex- 2nd the Chaldean Wife men, who came to know
lyvin- them by Converfe with, and Tradition from the
if ex- Jewes. And that Tlato himfelf travelling into /E-
avouis gypt in queft after knowledge, received his choiceft
and moll; important notices concerning Divine and
,0. Supernatural things from the Jewes, who about
that time in great flocks reforted thither, or from
^ the Egyptian Priefts, who either derived them from
the Mofaick writings, or received them from the
iries, Jewes by an Oral Tradition. For (fav they) God
fa. delivered to Mofes in Mount Sinai a twofold Law,
, $ mzo# rrvn The Written Law 3 and na m>n The
(o l ec 4 •
94 Of the Agreement
Vocal Law, which is the Myftical and Enigmatical
meaning of the Former., but by reafon of its extra-
ordinary facrednefs was not expofed to the rudePeo-
pie, but only whifpered and conveyed in the (lender
Pipe of Auricular Tradition from age to age among
the great Sanhedrim and the Prophets down to the
time of Efdras , by whom (and the great Syna-
gogue, of which many of the latter Prophets were
members) it was committed to writing, leaf! by
reafon of their frequent difperfions and captivities
it fnould by fome ill fortune perifh : which carry-
ed its ftream out of the private Channel, in which
it run before , and foon fpread it abroad among
Forreign Nations, efpecially in Egypt and Chaldea,
where great numbers of Jews ref.ded. For anemi-
nent Pittance of all which, theyalledge the Do-
dtrine of the Sacred T rinity, which (fay they) be-
ing one of the RareLl and Choiceft Myfleries of
this Vocal Cabala , was greedily embraced by the
Egyptians, from whom Plato and his Followers re-
ceived that clear and full knowledge thereof, which
appears fo much every where in their Writings.
To all which I anfwer in thefe enfuing Confide-
rations.
i. That it is fo far from being matter of com-
mendation that it is rather a difparagement to have
been converfant in, and borrowed from the old
Eaftern and Egyptian Learning. That the Anci-
ent
between Mofes and Plato. 95
ent Sages of Egypt and the Ead were acquainted
with thefirdRudiments.of Mathematical Sciences
is evident from the mod authentick Records of An-
cient Times a & from that skill 3 which the Grecians
gained among them. But it is as evident that all
their Theological Learning was lamentably frivo-
I0US3 obfcure 3 fabulous., uncouth., magical and fu-
perditious. The Scythian Tarabodefci, the Perfi-
an Magi, the Indian Brachmans and Gymnofo-
phids 3 the Egyptian Prieds 3 the Bards and Druids
of Gaul and Brittain 3 and other Ancient SeCts have
(I confefs) made a great noife in the world 3 yet
they that endeavour to celebrate them mofl 3 tell us
fo many SuplrlTitious and Pedantick dories 3 as fuf- .
ficiently evince them to have been no very extraor-
dinary Perfons. Any one that confiders thofe few
Opinions and Ratiocinations of theirs that are dill
extant, will eafily conclude them to have been men
of no great Reafon or. Judgment. Some have en-
deavour'd to maintain the Credit of this Ancient
Learning by retreiving and collecting its fcattered
Fragments, and others by counterfeiting fuppofi-
titious Authors 3 fuch as Z orvajler and Hermes Tnj-
meciftuSj but whoever will be at the paines to per-
ufe Zoroajlers Oracles 3 the Books of Trifme^ijiy the
Writings of Pfellus , and the Earl of £Mirandula\
Riddles^ with which he challenged all the Learned
world 3 will need no other proof of the Vanity of
all
<j6 Of the Agreement between Mofes and Plato.
all pretences to the more abftrufe and mydical
Learning of the Antients. I do not queftion but
that great and honourable Perfonage I lad mentio-
ned, was a Perfon of duperdious Parts and Learn-
ing, yet lam fure that thofe Notions, wherewith
he made the greatedNoife in the world., were but
grand and pompous Futilities.
The Old Egyptian Learning was fo Famous,
AB 712 that the Spirit of God, fets forth the Emi-
i King 4. nency of Mofes' s knowledge by his skill in
it,& the matchlefnefs of Solomons Wifdom
by its exceeding it; And therefore I conclude that
it was converfant about more generous and more
ufeful Notices then afterwards • Ific^as Geometry 9
Agronomy, Policy, Pbyjick, , and other refembling
Arts, which either were perfective of their Ratio-
nal Faculties, or did minider to the ufes and ne-
ceflities of Nature : as is generally reported
by all Ancient Hiflorians. But had the Pridine
Learning of Egypt been the fame it was in latter
Ages, it had been as great a difparagement to Mo-
fes 3 as 'tis now juftly reputed a commendation,
that he was accomplished in all the Egyptian learn-
ing, and had amounted only to this, that he was
a vain, trifling, fuperditious Fellow. And what
the Egyptian Pried objected to the Greeks, that
they were always Children, might be more tAly
applied to themfelves, if it be the property of chil-
Of the Agreement between Mofes and Plato. 97
dren to value trifles. What childifh fooleries their
Hieroglyphicks were, Learned Men now prove
from the loft labour and fruitlefs induftry of Kir-
chers Oedipus Mgyptiacus, Certainly, if they had
defign'd to abuie and debauch this humour, they
could fcarce have contrived more fond and extra-
vagant Emblems and indeed their courfenefs and
unlikenefs to the things they fhould refemble,fuffici-
ently difcover them to have been but the rude Effays
of a barbarous and undifciplined Fancy. The
truth of it is, the Egyptians feem to have had onely
knowledge enough, to jmow that their neighbours
had none at all,And cunning enough to vaunt an In-
fpedtion into ftrange and abftrufe Myfteries, know-
ing that others by reafon of their Ignorance could
not controule them, and by reafon of their credulity
would be very apt to credit them, and thence they
continually abufed the credulous Grecians with
Tales and Fables. And furely the Egyptian Prieft
took not a little fecret pleafure, when he In pi at0 „} s
perceived Old Solon to entertain his Ro- Tim<eo -
mantick and Legendary account of Ancient Times
with fo much greedinefs and fatisfa&ion- unlefs per.
haps himfelf had been impofed upon by earlier Ro-
mancers, for I fancy the Egyptian Priefts to have
been fuch another generation of men, as our Monks
were in the darkeft times of Popery, who believed as
well as recorded thofe Legends, which earlier Im-
O poftors
98 Of the Agreement between Mofes and Plato.
poll ors had Coined. So that if the ancient Sages of
Greece had pur chafed no more knowledge by their
Travels into Egypt, then thofe few remainders of
Egyptian learning {till upon Record(excepting a few
Mathematical Theories) they had fpent their time
and pains to as little purpofe, as the famous Travel-
ler of Odcomb , who footed mod parts of the known
world to no other purpofe 3 then to defcribe his Holts
Beard or Sign-Pod. I might here alfo give an ao
count of the mean abilities of Orpheus and Pythago-
raSj but I delight not to fpeak too hardly of any Ver-
tuofo s Afhes, and thereforej forbear: For it is not
my defign, by reprefenting thefe l^jmitive fages as
fools and dunces to rob them of that efteem and ve-
neration, with which they have been defervedly ho-
noured in all fucceeding Ages,for though it be gran-
ted that their knowledge was much inferiour to that
of latter Ages, (for Learning being then in its Infan-
cy, mud needs be Childifh, but is fince grown more
folid and manly) yet it is but reafonable they fhould
be allowed bigger Proportions of Honour and Re-
nown, not only becaufe they were very wife Men,
confidering the rudenefs and ignorance of the times,
in which they livedo but becaufe they were the fird
founders and difcoverers of that knowledge, which
after Ages have but improved, and the world furely
is much more beholding to thofe that fird invent
ufeful Arts and Sciences, than to thofe that onely
improve
Of the Agreement between Moles and Platoi 99
improve them 5 it is therefore jud, they fhould be
allowed greater Glory, though they had much lefs
knowledge then their followers. Befides, Theolo-
jlical fpeculations met with the lated and flowed:
improvements, and therefore thofe that might have
confiderable skill in other Theories, might be (as
indeed they were) barbaroufly ignorant in thefe.
2. I perceive not any fuch clear Agreement be-
tweenthe PlatonickPhilofofhie and the Sacred Scri-
ptures, as may give us any tolerable ground of fuf-
peeling the one to have been derived from the other:
For mod: of the Notions,in which Plato fpeaks moll
confonantly to t^ Scriptures, are fo obvious and fo
univerfally acknowledged, that it is eafie to difcern
how he came by them, without any acquaintance
with the holy Writings: fuch as are the Being of
God, the Immortality of the Soul,the Effential dif-
ferences of Good and Evil, fome general Rules of
Natural and Effential Goodnefs. Thus his Excep-
tions againd the Grecian Idolatry and Superdition
mud by all means be tranfcribed from the Mofaick,
Writings, and when in the Eighth JW^of v Collium it
his Laws, he enjoyns Solemn Fedivals
in honour of the Gods, he mud needs ciebl Ak*.
have it from the fourth Commandment *'
prepar.
of the Decalogue, and when in the Tenth Ev *" g - Ll II2 -
Book, he declaims againd Irreverence in Divide
Worfhip, he mud by all means borrow it from the
O 2 fecond
io© Of the Agreement between Mofes and Plato.
fecond Precept, and when in his Eleventh Book, he
tieats of honour due from Children to their Parents,
he muft doubriefly have read the fifth Command-
ment, and the like in other Iiiftances. Whereas the
natural reafonableneis of thefe Principles is in itfelf
lo apparently clear 8c evident,that they could fcarce
efcape the obfervation of any rational and inquifitive
man • and therefore Plato s lighting upon them is no
more an Argument, that he was converfant in the
Mofaick. Writings, then is his faying that the Sun is
the brighteft Star in the Firmament. And then as for
their more hidden and abftrufe mytteries s where they
feem to agree moft, their difference is greater then
their agreement; and it would not be difficult to
fhew how thefe Notions, which have the faireft
Confonancy to Scripture, are derived from Hypothe-
fes that have none at all, as I (hall anon evince in
the Article of the Trinity. Andfhall in the Interim
fhew the infirmity and vanity of this conceit, by
Ihewing the weaknefs of that Authority, upon
which it is grounded.
The firft time then, that I met with it, was in
Modern Authors, who vouch'd the Authority of
the. Primitive Fathers for it, betaking my felf there-
fore to them, I found fome of them to aver it in-
deed with no fmall earneftnefs, efpecially Clemens
dlexandrinus 3 Euf ebiuj/Theodoretjjat upon no better
grounds, then the naked attertions of two or 'three
Of the Agreement between Mofes and Plato. 101
Jews (efpecially Cleobulus and Jofephus ) and that,
when contending about the Glories and Preroga-
tives of their own Nation,, in which Controverfie
men of all Nations are apparently partial for their
own, but none fogrofsly as the Jews • who would
have their Nation the only Fountain of all know-
ledge and wifdom ( as if all other men had been
meer Mufhromes, and had notreafon enough to re-
fle£t upon and obferve the natures and properties of
Things) and therefore ^rifobulus [the A d CUm AIegm
firft Founder and Foundation of this ai)d - strm. 5.
Conceit) does with the fame Confidence maintain
that the Peripatetick Philofophie was (loin out of
Mof r s and the Prophets^as that the Fancies of Plato
and Pythagoras were taken thence.There are perhaps
one or two obfolete Grecian Teftimonies produced
on the behalf of this Opinion, but I {hall not be at
the pains critically to examine their weight and
authority,becaufe I have as great a fufpition of all
thofe obfolete records concerning the JewiJh Nation
cited by fome Ancient Authors > as I have of their
Sibillan Prophecies and other confeiled Impoftures,
in that molt of them difcover their own Forgery:
As thofe fo famous and Gill credited Teftimonies
of Jpollos Oracle on behalf of the Jewes, of which
there is a great multitude in Eufdsius his Prceparatio
Evangelical mong the reft this is one of th efamoufefl
Mo<e/ XtthSeun trpyitu *?' E Bfcuoi
AvTtyivtHw imKix 0|3» lib.p.c.to.
The
102 Of the Agreement between Mofes and Plato.
The Chaldeans and Hebrews alone are ProfeJJors of true
WiJdome 3 who worjhip the Eternal God in a pure and
holy manner. "ThfczYiSpEufebius fhould think the
world fo credulous (& yet fo credulous it has been)
as to believe that this Dijiick. ever drop'd from A-
polio s Oracle ,for whether that were infpired by the
Pnefls 3 or by the Divel, 1 am confident they were
neither of them fo honed or fo fimple^asthus open-
1 y to commend the Jemfh T{eligion and condemn
their own.
But now as for thofe Writers 3 who were bed:
able to give the trueft account of the Commerce be-
tween the Jewes and the Grecians (if there had
been any) they are univerfally filent in it: The An-
cientT{ecords of GVmre are fcarce more filent in any
thing, then the JewiJh Nation. Though they relate
frequent Voyages of their wife men into Forreigni
Countries 3 yet no mention at all of their Jewifh
Traffic^ ; they acknowledge their Geometrie to have
been imported from Egypt 3 their Aflronomie from
Chaldea , their Arithmetic^ from Phenicia 3 their Theo-
logic from T erfia 3 but no account of their Cargo
from Judaea. And LaBantius juftly and ferioufly
chides with the Ancient Philosophers j becaufe they
neglected to trade with the Jewes for wifdome 3 as well
De vera Sap as 0C; h er Nations. Equidem mitari Joleo
cup.*- ( faies he) quod cum Pythagoras & pojiea
Plato amore indaganda Veritatis ad Mgyptm 3 & Ma-
gos 3
Of the Jgreement between Mofes and Plato. 103
$05) & Perfas ufque Penetraffent, lit earum Gentium
ritus & facraCognoj cerent (Jujjicabantur enirn fapien-
tiamindiehgioneVerfari) ad judteos tamen non accej-
ferint} penes quos turn folos fuit y & quo faahus ire po-
tuijfent. There are indeed fome conjeBures to make
it probable that the Grecians might confound Judca
with Phoenicia, which if true, 'tis a good Argument
that they had very little knowledge of it 3 for cis
not likely that any, who converfed with the Jewijh
Ration fhoald confound them with the Thaniciar^
when there wasfo vaft not only difference but con-
trariety between them as to their Cm/ State, Laws,
Cuftomes , and Religion. Nay the Jewifh Religion,
Cuftomes,& Laws being of fo peculiar a conffitu-
tion from thofe of all other Nations,it can fcarce be
fuppofed but that thofe who fo carefully obferved
the Laws and Cuffomes of Foneign Nations , as the
GrecianThilofophers didj fhould have taken a more
fignal and particular Notice of the Jewijh Confiitu-
tions if they had been acquainted with them. Be-
fides all which, let me add that we find as great a
confonancy of the opinions of the Wife men of other
Nations with the Hebrew Writings, where there ap^
peare.no foot-fteps of commerce between them, as
of the Grecians, For inftance, though Numa Pom-
piltus is generally acknowledged the fir ft Pythagore-
an (being more ancient then Pythagoras) yet there is
not the leaft appearance of any commerce between
him
1 04 Ofthe Agreement between Mofes and Plat(\
him and the Jewes. And therefore when Mr Selden
Dt jure Nat. thiuks that if thofe 7 Books of Wifdome
&Gent.uc.2. f ounc | ; n t h e field of Tetilius An. ab
U. C. DLXX. and attributed to Numa by an In-
fcription upon the Cheft in which they were, were
really his, that he was probably not F unacquain-
ted with the Difcipline of the Hebrews, only becaufe
Cajfus Hemina and C.Pifo in Plinie report that the
"matter contained in them was very confonant to the
fythagorick Philofophie ; the beft foundation of the
conjecture is the(aeferved Jgreatnefs of his own name
and authority, for you cannot but perceive that in it
felf 'tis very fond & frivolous,and if fuch a licentious
latitude may be allowed in hi(\onca\ guefes, Quidli-
bet ex Quo It bet will foon be as warantable a maxime
in Hifiory,as 'tis in the Epicurean Philof iphie . It were
eafie to have given you a larger account hereof, but
I write a Letter not a Treatif\
3. As to the pretence of a Vocal Cabala, I can fcarce
without amazement confider with what confidence
andeagernefs fome learned men of late have cryed
up an invention fo novel and fanciful; for I know no-
thing more precarious and deftitute of tolerable pre-
tences then thefe Cabahflical Traditions, being only a
late & filly Invention of the Jewijb T(abbins : for they
are altogether unknown to and unmentioned by the
oedip* tom 2. anient both Jewes and Christians. And
day. 4-pref^. yet Kircher (who never gives out at ere-
dulity)
Of the Agreement bet ween Mofes and Plato. 105
dulity) would have everyone that does not believe
the Divine Original of the Cabala to be convict-
ed of Herefie as an Enemy to the Divine Provi-
dence. But for my part 3 I cannot under Aand
how any Rational man can be at all concerned for
fo vain and frivolous an Invention of the Modern
(1. e. trifling) fabbins. But he that could find
all the Learning of the world in an Egyptian Hiero-
glypbick may find all the Articles of nis Faith in a
Rabbinical Fable. 'Tis certain that the Cabala was
invented fince the difperflon of the jewijh Nation
(there being noT the lead footdeps of it before )
but in what Century or Period isjnncertain and mud
remain fo 3 for from the DeAru&ion of J<erufalem
there commenced as to the Jewijh Hijtory a Tem*
pus (a Period alwayes fit for Fables f) there
being no Records or Monuments of their Condition
and Affairs., [unlefs fome few fabulous Relati-
ons in the Talmud.) But whatever became of
them, 'tis certain that being given up to a vain and
trifling fpirit^they imployed themfelves., in foolifh
& abfurd Inveutions,of which making Mydical and
Allegorical Interpretations of Scripture is none of
the lead: efpecially when they prefer them fo much
before the true and literal meaning: for they com-
pare the Scripture it felf to a Candle, but the My-
ifical fenfe to a Jewel 3 for the difcovery where-
P of
io 6 Of the Agreement between Mofes and Plato.
of the Candle is lighted ; and the Mtfnical VoBori
(that is, they that dudy onelv the litteral fenfe )
are compared to Apothecaries, who only prepare
thofe Medicamentsj which the Phyfitian prefcribes,
but the Cabbalijlical DoBors to 'Thyfitians , who
underdand their Natures, Ufes, and fecret Pro-
perties. Atid therefore they leave the litteral and
fuperficial fenfe of Scripture, to the rude and ig-
norant People, whilft they that are Learned dive
into the myderies and depths of the Law, and by
the help of Fancy fetch ftrange and wonderful
fecrets from Words, Letters, P<3ii ts, from their
feveral Shapes, Combinations, Tranfpofitions,
Abbreviatures, Arithmetical Indications, and the
like. And then with a frontlefs Impudence, af-
fert that they came Originally from Adam, Abra-
ham , and Mofes. You may fee enough of this Cab-
bdhjlical Trafli in a thoufand Authours, but mod
Copioufly in T{eucblin de Arte Cabbahjiica , and in
that grand Thefaurus of Learned Trifles, Kircbers
Oedip. torn. 2. Clajf. 4. The fird that produced
them into the Chridian World was the Earl of
£Mirandula , in whofe time the very word Cabbala
was fo unknown, that (as Hottinger relates out of
Gar^on ) it was taken for a Witch, Vetula Venefi-
ciis dedita . And the Earl himfelf relates in his
Apology 3 that one of his greated Antagonists be-
ing
»
Of the Agreement between Mofes and Blato^ 107
ing asked what this Cabbala, was, replyed that he
was a certain notorious Heretick, that had oppo-
fed himfelf againft Jefus Chrif } and that from him
his Accomplices and Followers were named Cab-
balijhe. The Earl, when he had at a high price
purchafed fome fmall fragments of it from the
Jews, thought himfelf Mailer of the mofl ancient
and valuable Monument in the World: The mi-
flake was pardonable in him, but unpardonable in
thofe who fince have had opportunity to examine
its firft rife and antiquity, and cannot difcern the
lead Traces of it beyond the Talmudical Rabbins :
Befides this, I might overthrow the Cabbala from
rational Arguments taken from the thing it felfe,
as that it would refledl upon the Wifdom of God,
that he fhould conveigh down luch material and
important Truths (as arefuppofed to be contained
in the Cabbala) by fo uncertain and queftionable a
way, as Oral Tradition. That it renders the Word
of God ridiculous and ufelefs, and makes its mean-
ing altogether doubtful and ambiguous, and expo-
fes it to the giddy and fanciful (lonjedlures of e-
very warm Brain : but the groundlefnefs of the thing
it felf, makes all other confutation needlefs. Some
(not unlearned men) have urged the Confiflency of
the Cabbala with it felf, and the fuitablenefs of the
Allegory to the Text as no contemptible Argument
P 2 of
lot 1 An Account of the Platonic f Trinity.
of its Truth and Solidity. But alas., (befide that
moll of their Analogies between the Myftery and
the Text are fufficiently forced and uncouth)
there's nothing more ealie then for Fancy to find
fome Confomncy between the mclF dillant things,
efpecially in fuch various and unlimited things as
Allegories are. If you fhould require it, I think I
could with an ordinary plaufibility draw up a bo*
dy of the Epicurean T hi I of)phie out of the Writings
of Jacob Behem , and yet perhaps it would puzle
you to think of any Hypothejes of a more dillant
Genius then they. Such an Africa is Fancy, that
it can couple things of the moid diflant and con-
trary Natures. And therefore Ifhall never think
the prettied Parallels, Analogies , and Similitudes,
to be any tollerable Arguments.
4. Having thus evidenced the unwarrantable
Rafhnefs of deriving Platonic f Sfotions from Jew-
ijb Traditions, I come in the next'place to give
( 1.) A brief Account of the Rife of that feem-
ing agreeablenefs between the Tlatonick^ and the
Chrifian Trinity, (2.) To fhew by what Prill-
ciples and Reps the Platonijls happened upon their
Triad.
For thefirlF it feems to have its Original from
thofe counterfeit and fuppofmtious Authors, which
pretended to the greatelF Antiquity, but yet were
really
An Account of the PlatoaickTrinity. 1C9
really compofed by che Gnofticks out of the Ethnick
and Chrijlian Theolofe^ud afcribed to names of the
greateft Ai tiq iity and Veneration, fuchas Hermes
Trifmepjfus 3 Zoroafers Grades ,the Sybillan Propbe-
cies 3 now it were ftrange if in thefe Authors there
did not appear fome kind of Refemblance and Vi-
cinity becvveen the Platonick Pbilofophie and the
Holy Scriptures , feeing they had by all Artificial
ways blended them together; as by coupling their
different tei ms to exprefs the fame thing, for where-
as the Scripture (files the frjl Per]on of the Trinity
and Plato the firft- of his T rinity they
joyn'dthem together, and call him and
as the Second PerJon is in Scripture termed , and
in Plato ,in theie he is generally (filed m uYoj ; Now
they that knew nothing of the Impofure , meeting
with fuch an Artificial agreement between Platonick
"Notions and Clmftun DoBrines 3 might eafily imagine
that it was natural. The firft Author of this miftake
feems to have been Ammonius of .Alexandria (Father
to that Golden Chained Philofophert of the Sacred
fuccejfon) who being both a Chrijlian and a Platomfl,
& lighting upon thefe Spurious Books , in which the
Platonick Notions and Chrijlian Articles were blended
and reconciled together,might thence be eafily indu-
ced to fancy a true and real* Confonancy pamrch.
between them, And therefore Pmkius avers llb -9-
that
iio An Account of the Platonick. Trinity.
that he was the firl!: that underflood aright the no :
tion of Plato s Threefold Principle, and that he came
by this knowledge by perulingthe Books of Trifme-
giftus. And hence thofe Platonifts that followed him
might fpeakof the Trinity more confonantly to the
Scriptures^ then perhaps they intended, though not
long after thefe Impoftures were difcovered by
Porphyrie, as himfelf relates in the Life of Plo-
tinus.
For the fecond 3 the Platonick, Triad is widely dif-
ferent from the Cbnjlian, for they intend by it fo
many Orders and 7{anky of IntelleBual Beings,
and frequently added a fourth., which was the
Humane Soul, and fet it at no greater diftance from
the Third 3 by which they meant the Soul of this
Unherf e , then that was removed from the Second^
by which they meant the Firfl mind or foul of the
Immaterial world. And thchProgrefs to the knowledge
of thefe Beings proceeded in this Method.
i. They fuppofe all things to afcend by Scales to
Unityj as'Plato endeavours to prove in his Parmeni-
des, irK S9©" n itOf Unity is the Origine of all
Number., or all mix'd and compounded Beings
mull be at laft refolved into fome one fimple and
unmix d Principle, otherwife the refolution would
be endlefsj fo that all blended and Heterogeneous Per-
feBions both material and immaterial inufl of ne-
cefiity
An Account of the Platomck. Trinity, hi
cedity exid fomewhere fimple and unmix'd, And
then all Immaterial Perfections being found blended
together in the humane Soul , they concluded that as
many degrees of Perfection as they could difcover
there, that there were fo many Tanks of fuperior
and more bomogeneal Beings in the Intellectual world.
The Soul therefore C as they apprehended) confi-
fling of four parts, mud have the fourth Rank in
the order of Intellectual "Beings , and by confequence
there mud be three Jupenor Orders more fimple and
uncompounded, which mud by feveral deps as far
exceed each other, as the lowed order furmounts
the Soul, to the highed whereof mud of necelfity
agree pure and meer fimplicity.
2, That which is th efupream Being, and confe-
quently thefirjl Author of all other Beings , mud of
neceflity be the highed perfection, and contain in it
felf all the Excellency and Accompli foments of all its
'Productions , & yet by vertue of the former maxime
it can be but one fimple and uncompounded per-
feCtion, and therefore to find out its Nature , they
confider with themfelves what one Simple Perfe-
Ction isfoabfolute and tranfcendent as to compre-
hend all others; and at length conclude that Good-
nefs is the mod confummate and mod entirely com-
pleat Perfection conceivable, and therefore that the
mod fimple and unmixt Goodnefs mud be the Firfi
111 \Au Account of the Platonick Trinity ,
Being, Which as 'tis i. e, pure goodnefs , fo it Is
70 *' i, e. meet Unity or rather Jimp lie ity y and has the
fame Relation to the other Beings 3 as Unity has
to Number. Now they do not attribute the Crea-
tion and Government of the world to this Being we
have already difcovered 3 but to the f econd Being, for,
fay they, it could not flow from the Firfl } unlefs the
Ideas of all Things had refided in him 3 but then he
could not have been ahfolutely Jimple , having fuch a
multiplicity of Ideas within him. But Ideas lodging
in the Intellect, the Second Being which was no-
thing but Intellect was not only capable of receiving
them., but had in him as it were an Ocean of them,
which flowing from him filled all Tojfbihties
of Being with abhialExifiencies. Upon this account
they Ailed there T *Vbecaufe it was not
the immediateFo«»wi» of Things 3 but only theCauf?
of that which was. And therefore I am apt to think
that upon what Nationalities, foever they pretend to
introduce their « that their ArA inducement
to it was, that they might rife higher then sfnaxa-
gorws and thofe other Phlofophers, that afiertcd an
Eternal w to be the Firfl r Bemg and Firfl Caufe of
all things.
3. IntelleB or tlnderflanding being the jflohlefl
TerfeBion next to Goodnefs , the fecond thing muA
be Amply and abfolutely , andBeing the Supream
Entity y
An Account of the Platonic^ Trinityf 113
Entity, it rauft alfo be t SX f, but becaufe 'tis com-
pounded of Intelleft and Entity 'tis It- only by Parti-
citation. And hence was liar ted that nice Contro-
verfy , whether is fuperior Ens or Unum ? The
Earl of Mirandula s Bookie Uno &Ente is only a
Dilpute againft the Tlatonifis, to prove Unity not
fuperior to Entity, becaufe they aflert their Original
and Uncreated Pw to be the Principle of all Beings,
whilll it felf is 4 i^ , and therefore they
will not permit you to terme it but have inven-
ted that higher one of v*i f *rU a Nature that is placed
above Effentiality. But feeing (by the way) fig-
nifies nothing but the E[fence or Exijience of the
Thing, to which it is applyed, 'tis a grofs Contra-
didtion to deny it of any thing, that really exifts,
becaufe if it exifts, it mud furely be it felf, ar.d if fo,
it may by confequence with as great Propriety of
fpeech be denominated ialt, , as any thing elfe. But
whatever that Term imports, the fignification of
„>««« is of neceflity mofl uncertain and ambiguous,
for ta body understands how much advanceth
the fignification of i,u, and becaufe it may fignifie
any thing it does in effedt fignifie nothing, for an in-
determinate fignification is all one with an infignificant
one. A«d yet in this Particle confifts a great part of
the myfierious fiuhhmity of the fuppofititious and
Counterfeit Jreopagite. But 'tis not my bufinefs to
o. confute
ii
1T 4 An Accmnt of the Platmck Trinity.
confute but to reprefent their Notions> feeing there-
fore they will Place the Sttfrmm Caufe of ail
iA* ; the Seemd Being in order which is tSt , muft
be ri ay wf becaufeitk <&" ivn+r.
4. Their third Principle, which proceeds from,
the feeond as that from the firft., is ->***, by which
they vm&eeftand nothing but the Soul of the Uni-
verfe 3 and therefore ufuallv ftile it 3 as be-
ing the Archied of the World ; and hence
as they affert the or felf originated (joodnefs
to be *«]' atrwyif Caufally IntelleB ; and the*** or
Rrft mind to be **7 CaufaUy Soul,
fo they make » to be **7**+ >»v k^®- be-
caufe 'tis the Caufe of Matter and the Univerfe. I
have already given yon Plates wild defcriptionof
this Hypoftalis; and therefore (efpecially beeaufe I
begin to tire and faulter) I fhall not trouble you*
with any farther account thereof 3 having Efficiently
fhewed the difference of the vulgar Dodlrine of the
Trinity from the Platonick Triad, and withal from
what Principles and by what Reafonings the Pla-
tonifls hap'ried to own arid affert their Threefold
Principle,
It were eafie (Sir) to add Infinite Confederations
more, but if thefe wherewith I have already pre-
fented you be material , I hatve faid enough * x if not,
too much, Being therefore already tyred;, I will
not
'[An Account of the Platonic 4 "Trinity. 115
not put my felf to the trouble of carefling you
with a fine and courtly Conclufion , but fhall
Bluntly and without any Ceremony fumm up thfe
main fcope and fignification of this tedious Letter
] : into this one Serious and Eternal Truth, that
i am,
Sir
Tour mojl Faithful
mojl Humble > and msjl
Affe&ionate Servant^
s. parker:
AH*
(It E)Ag* 16. 1. 15. for Mortality read Morality, p. 18. /. 7. for
» L fcrambling for afpirmg ra/fcramblingfor And afpiring. p. 3$.
I 3. for PolitaMiis read Politianus. p. 93. Z. ulu for read
CENSVRE
VI P O N
certaine passages
Contained in the
HISTORY
OF THE
Royal Society,
As being Deftru&ive to the
established religion
and CHURCH of
ENGLAND.
Torque ntPQum fort una Didet concurrere , To Hum
Jhque 'Virum.
Oxford 5 Printed for 7\jc. Do"Vis, A. D.1670.
.
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1o 1,0'LIJ H". L*e
c\. A l\ ■ . 9 T A* ■■ 3
1 I
M
TO THE
REVEREND .
Dr 7 0HN FELL, D. D.
* \ .^ - t3
Dean of Chrijl-Cburcb.,
SIR,
Offer tbefe Tapers unco you,
not to implore your Prffro-
nape , but to acknowledge
your Favours : Had my
leafure, or abilities , quali-
bed me for a greater perfor-
mance, it had been tendered
unto you with the fame veadinefs This venera-
tion I bear not to the 7(ankc you hold in the
Church, or Univerfiy , but to your iMerit ; and
in you, I at once honour a Learning above tbis aye,
and a Piety becoming the bej} : Permit me to be
juB to fo real worth, and grateful for your con-
fan civilities to me, and I fhall no way Intereft
your Perfon in this Qgwjjl: [Tis enough, that
I defend Truth, and the Church of England and
that whatever elfe I have atchieved, I inter-
medled with nothing r but what 'twas neceffary to
be undertook by fome body : This none can dif-
pute who underl\and-s the Politicks of our Nation,
<X upon what foundations thepublick. Tranquillity
is fufpended : Let them that will, qu eft ion the
prudence of this adion, I am Satisfied in the pro-
feffion of a Wifdome that is frft pure, and then
peaceable. I am perfectly
Warwick, Your humble Servant,
Feb. is,
1669.
HENT^T
0)
auMMimmitt
A Cenfure on certain paflages in the Hiftory
of the (Rfyall Society.
It is Naturall to wens winds, when thtf perceive others to
arrogate more to them[elves,then is their fhareyto deny them Hlft
even that which elfe they would confefle to be their right. 7£.s.p. 47 .~
And of the truth of this, we have an inftance of farre grea-
ter concernment, then that which is before us, And that is
in Religion it (elfe. For while the Bifhops of Rome did
affume an Infallibility, and a Sovereigne Dominion over
our Faith-, the Reformed Churches did not only jufl ly refufe
to grant them that, but fomeofthem thought tbemfelves
obliged to forbear all communion with them , and would
not give them that refpedf which pofibly might belong to fo
ancient, and fo famous a Church;**#^ which might ftiil have
been allowed it, without any danger of Superftinon.
B Eforel come to refolve and par cell out this impious and
pernicious paragraph into feverali Propofitions,it is requi-
file that I premife two Obfervations: the firfi is, that by Com-
munion here is not meant Civill commerce , and the perfor-
mance of thofe mutuull offices by which foctettes in genzrallj or
Trading is carried on, or Humanity alone is relieved : no Re-
formed Church ever denyed this to the Romanijls : Bur the
Communion here treated of is Ecclcftafltcall, and confifts not
only in the acknowledging of fuch as are communicated with,
to be members of the untverfall Church of cbrifl, built upon
B a
2, A Cenfure of the Htttory
a right foundation and holding either no err our s, or fuch as da
not overthrow the fundamentals •, but in reforting to the fame
Church affemblies,ac\& celebrating devoutly the fame offices, or
Prayers,Ceremonies t and Sacraments : and this is to be done
interchangeably , fo that each (upon occafion) refort unto the
Churches of the other ,& joyn in the celebration of the Lime Li-
turgies or publike prayers,^ participatio of the Tame Sacrament
of the Lords Supper, which is more particularly termed the Co-
munion&was alwaies accounted the tcflera or mark of Church*
fellcwjhtp. The truth of this Obfervation appeares from that
notion which all ages have had of Church communion, which
is agreeable hereunto : To owne any number or affociation of
men to be a part of the Church Catholique, and yet not to
refort to the fame religious offices , amounts not to Church-
Communion: hnceAll Excommunication cuts not off from
the body of Chrifl, but from outward or exteriour Communion
with a vifible Church: thus when Chryfcflome leparated him-
felfe from the followers of Meletius, and of PauJinu&, though
he did acknowledge both Churches to be Orthodox , yecis it faid
that He communicated with neither* 0 kmcm -
Socrates H ' sfca $ vu&yyiH r Tf»yet*
hcchJ.L6.c. j. rgTucv.<nv,attL%tp\7US 'laaVm nMihtra ei/ytuiVcovav,l7n
jyhsg'.tsf dwnsO Neither doth it amount to an Eccte-
fiaflicall communion if a man be prefent at the religious Afiem-
blies and offices of another Church , if fo be he do it not upon a
religious account, nor devoutly joyne therewith : thus when Eli-
jab was prefent at the Sacrifice and worfhip of Baal, he did
not communicate with thofe Idolaters, 1 Kings l8,25,27.Thus
Lyrantts , Cajetanus, and other Cafuifls excufe Naamanlov
Mjr.Wcnac- bowing (upon a Civill account) in the houfe of Rimmon-, and
£?.sfyUcmU 'ai. a ^ ow the cafe of a cbriflian Have which waited on her Mtftreffc
1. ' to the Sarracen worfhip, and bore up her traine, bu t did not
joyne
of the Royall Society. 5
joyne In the Mahometan Service: thus the Proteflant Divines,
(as Sleidan, and the Hiftory of the Council of Trent intorme Council of
us ) refolved that ic was law full for the Proteflant Princes l *
pay a chill attendance on th eGerman Emperour even at Mafie
in the Royall Chaff ell. Thefe things therefore amount not
unto Church-communion'. But the joyning religioufy in the
fam e Church worjhip, and particularly in celebrating the Lords Communion.
Supper together: and this is to be done interchangeably 5 for
ot'nerwife onely the one fide cm be faid to communicate with me pietitis ex-
the otherx not vice verfd: Thus when the Papifts did refort to " cic ' is ^ ?«=
our Churches in the beginning of the Reigne of flu. Elizabeth, ^'ftZ'bonis
and joyned in the fame prayers, and participation of Sacraments tmiom vd pr*j>.
with the Church of England , it might juflly be faid,thar they cafaubon 2 ^"
did hold communion with us 5 but fince the Lawes then in force a d Card, Pet-*
did prohibit the Proteflants to be prefent at, or joyne in aoy ron -
pubUque Service ( or admtnifl ration of Sacraments ) where o- 6 Edw.f.'
ther ceremonies then what were inafted by the Church of Eng- c.i .&
land, (hould be ufed: it is manifeft that the Church of Englandrfj
did not communicate with the Papifls, uniformity.
The fecond Obfervarion is, that our Hiflorian in this Para-
graph doth make ufe of the words communion and refpett as
equipollent and Synonymous : otherwife there is no apodofis,
no fenfe in the fay ing — Some of them thought thernfelvts obit-
ged to forbear all communion with them,and would not give them
that refpctf,whichpofjibly mightbelongtofoancient & fo famous
a Church. If refpecl be a termeof a lefier import thenc0/»-
munion, then might thofe Reformed Churches decline all £at-
teriour communion with the Church of Rome , juftly and with-
cut blame, and yet retain a refpeft and ktndneffe fuch as Chrtfli-
ans may and ought to beare to the excommunicate , to the He a-
thens , and Publicans ; and in which there is no danger of Sw
per flit ion.', though in this Exteriour ^communion there beevi-
dent perill not only of Superflition , but Idolatry,
B 2 1 Thefe
/
/
4 A Cenfure en the Htftory
1. 7 he [e things Icing premifed, my firft Animadverfion (hall
be, That the Comparifon betwixt men denying to fuchas
ufurp too much even their due rights, and thofe that fepa-
me in cafe of religious ufurpatious, is focarryed on by the
Hiftorian, that to forbeare all communion with the Church,
And Bifhops of Rome, is represented as an extreame opinion,
and confequently as culpable,Scbifmaticall, and damnable.
2. Secondly, that He reprefents thecafe fo, as if [omeofthe.
Reformed Churches onely did forbeare all Communion
with them.
3. Thirdly,That the grand occafion of the differences betwixt
thofe of the reformedreligion, and the Papifts, was that the
Bifhops of Rome did aflame an Infallibility ,and a Soveraigne
dominion over our Faith.
4. Fourthly , That notwithflanding this ufurped infallibility of
the Bifhops of Rome, & their afiuming a [overaigne dominion
over our Faith-, yet we may give them that refpeff which
poffibly might belong to fo ancient and famous a Church:
and to decline this, is to run into an extreame.
5. Fifthly, That the Church of Rome according to its prefent
eftabli(hmcnt,and under that conftitution wherein the fir (I
Reformers found it,may be denominated a church, Ancient,
Famous ; and that upon thofe accounts ( for none other are
mentioned) poffibly there doth belong a refpetfunto it, or
an obligation to communicate therewith.
6. Sixtly,That fucba refpedf or exterior communion maybe
entertained with Rome, and yet we incurre no danger of
Superftition.
The fir (I Proportion is Impious, Blafphemous, and Off en five
to all Eroteflanteares: It condemnes the Reformation carryed
on by the Evangeliques abroad, and infthe Church of England,
as culpable , guilty of an extreme 5 and there is fo much of
Schifme
Of the R oyal Society. 5
Schi[me juftly charged on us, as there is of extremity in our
procedure. It [ubverts all thofe Laws which arc now in force,
whereby all Communion with Popifh offices and Sacraments
(celebrated in a different way from that of the Church of Eng-
land) is prohibited to us upon penalty of being imprifoned fix see Afo fe ar
months without bayl forthefirft offenfe; for the^fecond,
twelve months 5 and for the third, during life: upon 5 and 6 Engiifo Litur-
Edw.6.c ap. 1.&3. &•
Th t [econd Proportion is notoricujlj falft: there being no
Reformed Church , no not of the Lutherans, but hath conHant-
ly held themfeves obliged to forbear all Communion with the
modem Bifhops and Church of Rome. Befides, it carries a moft
dangerous insinuation in it, as if the Reformed churches were
divided upon this point , (the contrary whereof is manifeft out
of the Harmony of Confeffons) fo that fuch as abet this Popijh
compliance want not their Jertors, even to the repute of
moft of the Ktfo?meD Cfcurcfjcs: and fuch as difclaim it, are the
Itfje conftderable for number and authority , having onely the
c^rwrrrwceoffonieoftljeKcfojmcDCtjutdjes. How pernici-
ous an intimation this is amongft ignorant perfons, and fuch as
are unacquainted with the (late of Religion (a ftudy muchtf«f
effafhion now,) let any man ju'dg, and withall remember, that
the Church of England is of the number of thofe rcfletfedvpon
here. 4 Who are they that pretend to forfake the Churches
* corruptions , and not her external Communion? Some there chiuingworth
* be that fay they have not left the church , but onely her cor-
4 corruptions: fome that they have not left the Communion, but
4 the corruptions of it, meaning the internal communion oik,
4 and conjundion with it by faith and obedience: which difagree
4 from the former onely in the manner of (peaking-, for he thac
4 is in the Church, isin this kind of Communion with it; and he
4 that is not in ihis inter ntl communion, is not in the Church.
Some
6 A Cenfure on the Hitiorj
1 Some perhaps,that they left not your external communion its
' all things ■ meaning, that they left it not -voluntarily , being
'not fugitivi fed fugati, as being willing to joyn with you in
'any all of piety, but were by you necejfitated and conftrained
' to do fo, becaufe you would not fufifer them to do well with
' you, except they would do ill with you: Now to do ill that
6 you may do well, is againft the will of God, which to every
' good man is an high degree of necefity. But for fuch Prote-
' (iants as pretend that defaffo they forfook your coiruptions,
* and not your external communion, that is, fuch as pretend
' to communicate with you in your Confections, and IL'turgtcs,
' and participation of Sacraments, 1 cannot but doubt very much,
' that neither you, nor I, have ever met with any of this condi-
' tion.
Caufabonl refp. ' Poftremo addit Rex, magnum fe quidem crimen judicare,
adCard. Perron, i defetfionem ab Ecclefia: fed huic crimini affinem fe efie, auc
4 Ecclefiam (nam, penitus pernegat. Non enim fugtmtn, aiebac
' ejus Majeihs, fed fugamur. Scit vero tua illufti is Dignitas,
*ut qui optime, quam multi, quam prieftantespietaceacdo-
' dirinaviri, abannis minimum quingentis, RtformaUontm Ec-
* clcfta in capite & membris optarint. Quam graves bonorum
'Regumac Principum querela? fint tape audits, ftarum He-
'clefiae fuis temporibus lamentantium.*' Quid profuit? nihil
* enim eorum ad hanc diem videmus efie emend itum ; quae cor-
i redhonis egerecum primis cenlebantur. Quare non veretur
' Ecclefia Anglicana, nccandidis reftimatoribus, in hac fepara-
* tione, Donatiftis fimile quidfeciffe videatur. llli gratis & fi.
'neullacaufa Ecclefiam CathoUcam , gentium cun&arumaf-
' fenfu comprobatam, cu/usneque (idem , neque atfciplinam
* culpare poterant, deferuerunt. ^ngli ab ea Ecclefia , N E-
'CES SIT A TE DIRA COGENT E Secefjionem
€ feceruntjqum innumeri populi Chsiftiani veram, CathoUcam
Of the Royal Society. 7
c & univerfalem efie non concedunt, ut modeftiflime dicam:
c quamque in dogmatic fdei & difciplinx forma muitum
'variaflea bantiqua, multaaffuifle nova vetuftis, mala bonis,
4 etiam e veftris Scriptores quain plurimi ingenue dudum funt
4 confefli: 5c vero nocius jam eft univerfo mundo, quam ut
« poftic quilquam vel negare, vel etiam ignorare^ Adde quod
4 jugum Roman* fervicutis ica durum per aliquot retro fecula
4 erat experta Ecclefia Anglicana, novis fubinde vexacionibus,
4 & inauditis angariis acque exadtionibus fupra hominum fi-
4 demcruciat3,ut vel ilia folacaufa apud Judices non iniquos
4 a Schtfmatis fufpicione, & ut loquitur Auguftinus de Dona-
* tiftis, iniqv* dtfcifjionis, polTe videatur ipfam liberare. Non
'enim profedlo Angli a charitatefraterna anirni caufd diftili-
«erunt, ut Donatift*-, neque ut decern tribus populi fudaici,
4 metuimpendentis mali, quod nondum premebatj fedpoft
4 plurium fetulorum patientiam, poft ex3ntlatss inenarrabiles
«terumnas, onus intolerable , cui ferendo pares amplius none-
4 rant, necp permittebat confcientia , fubdu&is cervicibus tan-
dem excufierunt.— From hence, as alfo from our Larvs^ our
Thirty nine Articles , and Homilies ,tis m3nifeft that the Church
of England is in the number of thofe that feparate from the
communion of the church and Bifhops of Rome , and that for
juch important reafons as juftifie the attion from beingcaufe-
leffe, or culpable-, thoughamongft all the Reafons alledged by
K. fames in that Letter of Caufabon's, or in our Lams, or o-
ther Controvertifts , I do not find chat reckoned for any motive
of tha tgreat rupture, muchlefle for the principal 0 rfoleone 3
which is reprefented as fuch by our Hiftorian%
The third Proportion therefore carries fomething of preva-
rication in it. So thofe Advocates which would betray the cau-
fes of their Clients , propofea wrong (late of the Cafe, the vani-
ty whereof being once difcovered, renders the Plaintiff con-
teroptible
3 J Qenfurz on the Htjlorj
temptible in the fight of all men, 3n<3 reduces him to a necef-
ficy of complying with the injured Defendant. There is a great
deal of ignorance and intricatenef (the Confequent thereof/
in the Propofition of our Author, as it is by him worded: for jad
1 grant that Pa- Infallibility , and a fovcreign Dominion over our Faith , are not j lift
(mrcfbelf/uriI €c l^f°^ ent Termes , nor termes indifferently ufed. No Faff ft ■
a tbi^ would did ever afcribe unto the Btfhop of Rome (except fome Para- im
aif'nT US an r nic ^C afJ0,J ift' whofe Credit ii little i a that Church) a (ove-
fotccu-i'TovT- r eign dominion over our Faith. He that is Sovereign, knows
reignty implies not any Rupert our. nor any coercive Law,hut his will-, the ob-
hn\b\hi! l! do i i e( ** s a ^ 0UI: which his power is converfanc, are liable to what
alterations he pleafeth , and he rules by the Lex Regta: but
what Divine did ever afcribe fucb a power to the Pope in mat-
Let a man but ter of Faith? Place the chair where, and how you will, none
vJ'ii ower l ^ ac C ^ urc ^ ever 3(Turned fo much, nor did chat church ever
mm E*-attribute fo much to the Bijhop of Rome. There have been
thole that have taught, thac if (by way offuppofal; it could
KorlitaS! a ' imagined, that all the Paflors of the Church Catholick Jhould
Tuesemm^i, erre in a Decree of Faith, the Laiety were bound to iubmic
G «fon, thereunto: but fuch a Sovereignty in matters of faith, none
^lutthTpowr (except Come fefuits and Parafites) afcribe unto the Pope's
of the pope's pcrfon 5 his Brief s 3 and Decretals have not that credit amongft
«t sVn th e ^tbmanifls as to authenticate fuch Allertions , nor is the
and be will fad belief thereof a neceflarj condition to communicate with that
that rfePapacy* church upon. If we look upon the contefts in Germany that
^iminmS* introduced Proteflancy at firff, we find the erroneous doftrine
of faith, or oflcf about indulgences to be the primary occafion there: In Swit-
jee importance- zerland, and its France, and Holland, abufes, and idolatrous
pradiifes, or falfe Dotfrines, are thefirft fubjedtsofDifputes,
and occafion the Reformation there: Tranfubfl animation, Com-
munion in one ktnd,i\vz propitiatory facrifce of the Maffejmage•
mrfhip, praying to Saints , and fuch like Controvcrfies, are
fhp
Of the Royaf Society. 9
the firfl, and moft fiercely debated: In England, under Henry
the viii , the Pope's Supremacy in Eccleftafttcal caufes,zad ap-
peals to Rome &c- give the the fi'rft occafions of dii'contenr,
and that change, which was afterwards carried on to a total
Reformation of the dotfrine and difcipline of the Church of
England: then came in queftion the power of the Bijhop of
Rome , the nature of his Primacy , the Authority and Fallibility
of General Councels , the power of National and provincial
Churches to re for me them [elves during the interval of Councels,
or without dependance thereon: whether the Scripture were
the fole rule of faith , how obligatory were Traditions: the
interefl and influence of the Civil CFlagiflrate'xa ruling Eccle-
fiaftical Affairs, thefecame next into agitation. The uiur-
pation of Infallibility, and a pretend-
ed Sovereignty in matters of faith to
be lodged in the Pope , was neither
the occafion of the Proteflant fepa-
ration , nor a material part of the
flrfl controverflies: though perhaps
fome Italianated perfons and Cane-
mfls might afTert fome fuch things
and fince the growth of the fefuites,
tenets of that nature have been much advanced, thereby to
juftifie their Vow of blind obedience to the Papal commands.
The memory of the Councils of Bafil, and C onftance, was
frelh in the minds of men, and the fupertority of a Council a- ^ c n \ e th b e , r "" t fc "
bove the Pope a common and authorized tenet in that Church. Raynoids" and
The perfonal infallibility, and the fupremacy of the Bijhops of c. 9 .d, v ;f.
where you will find, chat before the Reformation, the confent of the Doclors and Paflnrs throughout all
Chriftendom (except the Italian fadtion) had condemned the ufurped Monarchy of the Pope. The Late-
ran Council never gave it him; and whatever for his Supremacy (not Infallibility ) were defined or
afted at Trent, yec it was oppofed there ; and the Authority of that Council (together with the tenet] re-
jefted in France at this day without a Scbifme.
C Rome
It is true that long before the Reformation , whea
the Guelphs and Cjibellincs conceded , there were
fome, elpecMy Canonifis, that did attribute to the
Pope, and fome Popes challenged a Sovereignty
over the Chriftian faith, to make new Creeds and
lArlkles of faith, even fuch as might contradidfc
the old: but thefe were not agitated at the Rcfor-
motion, and are no more to be imputed indefinitely
to the Btfhops of Rome, then the extravagant claims
of fome Princes arc to the Monarchies they hold.
io 4 Cenfure of the Hiftory
Pome had of old received too great a check in the cafes of Vigi-
lius and Honorius , and in the declared fentences of the Coun-
cils of Pi fa, Confance, Bafil, and of the Univerfities of Paris,
Loven, Colen, Vienna , and C racovia , (hot to mention /w-
ticular Writers) to be the occafion of that rupture. The Sor*
bone to this day continues \ts former judgment: and even the
prelent King of France hath averted the liberties of the Gal-
lick Church in that point- See Arrefldela Cour de Parliament
portant que les proportions continues en la declaration de la Fa-
cultede Theologiede Paris diC.Da.30.May.1663. And Decla-
ration du Roy pour I' Enregiftrement des fix propofitions de la
Faculte de Sorbonne &c. A Paris 4.d' Aouft.i 663.
What the Popifh Church now holds and requires, amounts
not to any fuch Authority as our Author aflerts, if you will
Cafauboit. refp. believe Cardinal Perron before our Virtuofo• —Scribis de
ff Car:lin ' Fe '' * Romano Pontifice nolle te verba facer e:quum vel mediocriter
£ /'#Hiftorid Ecclefiaftica verfatis compertum fit,primer um fc*
c culorum Patres, Concilia,^ Imperatores Chriftianos, primas
' illi femper detulifle,& praacellentis dignitatis praarogativam,
* in omnibus negotiis, /d'religionem aut Ecclefiam fpedlanti-
* ba$:at%. hoc folum exigere Ecclefiam veftram pro articulo fi-
£ dei credendum abiis , <j«/communioni fua fe adjungunt,—
If this Cardinal underftand any thing, the Romifh Church de-
mands no more of her Members then that they own the Pope's
primacy pot Supremacy, or infallibility : nor have the the books
of fuch as derogate from the exceflive greatnefi'e of the Papal
power been ever called in , or cenfured in that Church, or com-
ptunion denied to the Alienors of the infallibility of Oral Tra-
dition, or of General Councils , in oppofition to the perfonal
Infallibility of the Bi(hop of Rome. It was, and is ftill a com-
jr. Vitiorh ve- mon opinion amongft the Papt{ls> that the Pope may be an He-
hay. dc pot. ret i C fc J learn"d it from Erancilcus Victoria in his Rele&ions?
EccteJ.lect. 1. * TT , '
k. 6. Hare ticus
Of the Royal Society. f i
JJareticus pot eft e([e non folum Presbiter, fed Pontifex ettam
(umtnus- ergo caput Ecclefia. And Bellarmine himfeif doth Dafemnt.cfe/'#.
not affert the InfMbtUtj of the Pefc, nonot though He beg;. +»;«
aflifted with ^provincial Councili ' In libr.i.de concil.c. f.
1 fatetur banc propofitionem, (cilicet , Concilia particularia 5 a.
£ fummo Pontifice confirm3ta, in fide & moribus errare pof-
£ Tunc, non effe fide Catholica tencndam- ejus tatnen contradi-
£ <5toriam temerariam & erroneampronunciat. Nay the fame a Opinio vera
Writer in his [olemn Lettures at Rom teacheth , that 4 it is <f e
. true , fk k 4« Heretick : b £«f /'# w probable and godly
b Prohibits (/?,
/o k thought,that he cannot be an Heretick. In the conference & pib credipo*
betwixt Dr. R 4 jmMj and Hart, I find this pafl'age. l e f e
£ Kaynolds . TheP^fmay notonely errein dotfrine , buc Se£che Confc _
4 alio be an Heretick •, which (I hope) you will not fay that P*- rcnce f fe. 7 . <«-
c -#r might. vfatig-
* Neither by my good will that the Pope may^
c Kaynolds. But you mud: no re-
* t • ,.",1 M r- a Indiabgoptrrt.iJtb.6. cap.i, b In fumma libt
1 medy. It is a ru»ed cate. Your ^ tit. dehxret'ds. c f»mm: de Eccief. i. z.e. 93.
* Schoolmen and C anonifls, a Ockam } ^ m. d A scbifmte Tonvfrcm* c rfe
4 b HofltenfisP Turrecremata. , d Zak. "thoif.t h c.i 7 £ fmm: port 5. rir.z*.
r A r Cm. a Ml e - 7, S odv:h*refes l-i.c.z,& 4. h locor. The-
t rella > e C ujanus, 1 Antoninus, °Al- olog.l.6.c. 8. i de vifibiti Monarch, I. 7. k coa-
4 phonfus b Canus, 1 Sanders, ^ Bel- trov. 4. part.1 Ctuioiiifr* in dift.qo c ft pa-
, , „• 11 ^,L,o.-c .7-^ •Um/'. p"' Anhidn & Joanne And/, c. in fidei. de harcti-
' W»*,and 1 otheis, yea the™C4- ^ jac ^ a>de authoriute ' Pap<e & Conci ,
1 non Law it felf, yeaaC ouncil, a hic.io,&i}. m Diftiitti.^o.c.fiPapa. a sy«
* n Roman Co««rfi )COnfirm 'd by the KomMa 1>>iru.fub Symmacho,
* Pope j do grant it.
£ Hart. They grant that the /»4jf k4» Heretick per-
4 haps by a [uppofal : as many things may k,which never were,
4 nor 4^, nor Jhaltbe. For you cannot prove that any Pope e-
4 ver was an Heretick actually, though poffibly they may be,
4 whereof I will not ftrive.
This point of the fallibility of the pope, and his (ubjettion
C 2 to
it Cenfure of the Hittory
to a Council, is fo notorious with every man, that isacqnaint-
ed with the more ancient and modern Writers; fo known to
any one that hath either read the determinations of Bifhop
Davenant (qu. 5,) or the defenfe of the Difuafve of Bifhop
Taylour fpag.4.o.)or the Review of the Council of Trent (writ-
ten by a French Catholick , from whom the Dif wader bor-
rowed his allegations) or that hath fo much as read over the
Htflory of the Council ot Trent, that I need not infift on it a-
ny longer. Notwithftanding rhe earneftnefle ofiheiefuits
under Laynez in the Council of Trent , yet neither was the.
Pope's fuperiority over a Council , nor the Infallibility of the EL
(bops of Rome,dt fined there diredily, as appears out of the Re-
vierv of that Council, lib.q.c.i. and out of the Englifh Hiflory
pag. 721, 722. Neither is there to this day amongftthe
P apifls any thing enabled or determined in that Churchy which
obligeth a man under pain of Excommunication to hold any
' fuch thing as the perfonal Infalltbility of the Bi(hops of Rome,
rhe contrary being daily maintained there by more than the
lanfenifls ; much lefle is there any Sovereignty in matters of
laith afcribed unto them at this day. All books of the P4-
■pifls are fubjedied to the judgment of the Churchy not to the
jtrbitrementofthePope. Th e fides Carhonaria, ox Colliers
faith, fo famed amongft the P apt (Is, was not eftablifhed upon
in fallibility or fovereignty of the Bifhops of Rome-, no, he
told the Devil , that He believed as the Church believed, and
the Church as He. And how neceffary foever they make the
communion with the particular Church of Rome, how great in-
fluence foever tbey afcribe to the Pope over Councils, yet the
Decrees, of the Council of Trent run in the name of the Holy
Synod, noiPope, and it is determined feff. 4, that none
dare interpret Holy Scripturs againfl the fenfe which our Holy
CWo-
• .j
of the Royall Society. i 3
CM other the Church hath held, or does hold. It you enquire in-
the dodtrines of M r White ,D r Holders, Serenas Crefy, and
luch others as endeavour at prefent ( and that with great ffiew
of wit and artifices) to feduce the Englijh to that Apoflati•
tall Church , there is not one of them that I knowe of who
attributes any infallibility to the Pope , or fubmitteth his faith
to the S over eigne decifions of the Bifhop of Rome.
As for Serenas Cre(]y> he very judicioufly aeferts the School - s. Creffeyes
terme of Infallibility tor that of the Churches Authority , and E * on ^°g-
faith that the "exceptions and advantages which the Prote- c, ^'- a ' t ' 1 -
4 ft ants have againff the Roman Churchy proceed only from
4 their mif- underftanding of her neceffary dottrincs , or at raoft,
4 that all the efficacy they have is onely againft particular o-
4 pinions & inferences made by particular Catholique writers.
He fhews that D r Stapleton affiertsthat the infallible voyce and
4 determination of the Church is included in the decree of the lbid.c".yi.
'Church fpeaking in a Generall council reprefentatively. In
• which the Church is infallible with this reftritlion 3 vlz: in de-
4 livering the fubfiance of faith, in publique dotfrines,and things
' necefary to [alvation. Other Catholiques , and namely Pa-
4 normttan teach that the decrees of Generall Council are not
4 abfolutely and necefiarily to be acknowledged infallible , till.
4 they be received by all particular Catholique Churches: be-
4 caufe till then they cannot properly be called the faith of the
4 univerfall Church, or of the body of all faithfull Chriflians,
'to which body the promife of infallibility is made. And this was
4 the Dodtrineof Thomas Waldenfis ,and fome other Scholmen,
f &c. An opinion this is which though not commonly received,
♦ yet I do not ( faith S . C. ) find it deeply cenfun d by any: yea
4 the Gallican Churches reckoned this among their chiefeft pri-
4 vikdges and liberties , that they were not obliged to the de-
cifions
i 4 A C en fur? on the fflittory
'cifions of a Generall Council , till the whole body of the Gal-
4 Ucan Clergy had by a fpeciall agreement confented co fhem,
«and foptopofed them to the fever all Churches there. And
4 to this laft opinion doth S. C. incline and his book was ap-
'proved at Paris as confonant to the Catholtque faith: He
* guides himfelfe by the c/tf uthority of received Councils : he
1 acknowledges that co be onely necc(Jaril) accounted an At-
«tide of C atholiquefaith, which is affually acknowledged
4 and received by C atholiques ; and fince contradictions can-
4 not be actually affented unto, it will follow that whatfoever
4 decifions of Councils may feem to oppofe fuch articles, are
£ not neceffarily to be accounted C atholique dottrines •, and by
* confequence, not obligatory, —He denies that Generall
Councils can make new articles offaith-.they are witness of what
hath been delivered,not Sovereigns to determine oinew truths,
either by way of addition to the former, or in oppofttion there-
unto. Their Infallibility is limited to Tradition , and fpiritu-
ally aflifted in th efaithfull reporting of what hath been delive-
red: what ever reports or decrees they make of another nature,
they are to be received with a different afjent from what is
C atholique faith. " There is a double obligation from deci-
4 Hons ot Generall Councils: the fir ft an obligation oichrifian
4 beliefe in refpeCt ofdoCtrines delivered by Generall councils
4 as of univerfall Tradition: the fecond onely of Canonic all
4 obedience to orders and conftitutions for praChce , by which
4 men are not bound to believe thofe are inforced as from Di-
4 vine authority , but onely to fubmit unto them as aCis of a
4 lawfull Ecclefiafticall power , however not to cenfure them
4 as unjuff much lefle to oppofe and contradift them . Much
more doth the fame Author adde which give little counte-
nance to that fate of the contr over fie which our Author forms
unto us.- No Sovtraigne dominion over our faith is by him
afcribed
Of the Royal Society. 15
afcribed to the Bifhop of Rome, or Nationall , or Generall
Court, ills: and as to Infallibility , which Mr chillingworth had
impugned, he thus acquits himfelfe. c< I may in generall fay lb;d ,
4 of all his Obje&ions, that fince they proceed only againft the ' c '"'
4 word Infallibility , and that word extended totheutmoft
'heighth and latitude that it polfiblycan beare , Cathcliques,
4 as fuch, are not at all concerned in them, feeing neither is
4 that exprcQion to be found in any received Council, nor did
4 ever the Church enlarge her authority to fo vaft a widenefle
* as Mr Chilling-worth either conceived , oratleaft, for his
4 particular advantage againft his adverfary , thought good to
4 makefhow as if be conceived fo—< Astothefubjedf where-
in infallibility or Authority is to be placed; fince C atholiques
vary as to that point, he fayes 'tis evident thereby that they
are not obliged to any one part of the Queftion: only they are
to agree in this Trident>ne decifion Ecclefiaeftjudrcarede ve-
ro fenfu Sacra Scriptura. It belongs to the Church to judge
of the true fenfe of holy Scripture.
Dr Holdens booke is Licenfed and highly commended by the Dr mldu
French Divines, and he himfelfe a Doff or of the Sorbonne ; rcfoiut.fidei,
and he thus delivers himfelfe. 44 Statuendurn eft, (/a^quicquid 1 *
4 a Tbeologis Catholic is in utramque partem , etiam cum maxi-
* ma acerbitate, difteritur ac difputatur, dumvelpropriis (uis
* adharent nimis Sacrarum Scripturarum interpret at iomb us ^vel
4 patronorum fuorum optnionibus, vel tandem confecutionibtu
'deduffis ex fidei principles , certifiimum eft neutrum contentio-
* nis feu concert attonis extremum^ofte Divine & Catholicce
4 Fidei rationem habere,
4 Quo fequ tur Summum Pontificem nullatenus poffe in fui
6 fola perfona difceptatas hnjufmodt quaftiones it a decernere^ ut
4 vi folius fui decreti pars definita fit fidei divince dr Catholicre
'articulus. Vifputant ftquidem7htologi i an ft quart do Summi
Pont
f
. 16 A Qenfure on the Hi fiery
4 Pontifices hujufcemodi argumenta y in Scholis utrinque agita*
4 ta y definiverint, ftntne eorum Secret a ex inftitucione Chrifti
4 ah omni err ore libera. Imo an Decretum aliquod a folo Ponci-
4 fice Summo emanans, fit ex hoc tantnm capite divinitus
'infallible. Hacinquam^in utramque partem ventilata vide*
4 mus a piifftmis quamplurimis <$• dottifiimts G atholicis Auto-
4 ribus tam antiqutoribus qu.\m recentiortbM, quorum neutram
* partem audivtmw unquam fuife Cenfuris aliquibus authen-
4 ticis prohibitam y aut improbatam . fguapropter evidentilTime
( conflat Catholicum neininem aftrmgi aut huic aut alteri pari
4 adh&reretanquam Fidei Catholic# & divina® articulo: tameu
4 ft Summorutn Voatihcnm defnitionibus debit urn obfequium fit
4 praflandum. —
Out of all this precedent difcourfe 'tis manife/l ch3t Inf'allt-
bility , and Sovereigne dominion over our faith , uiurped by the
Biihops of Rome , neither nor could be upon Catholique
principles , and amongft men ofcommon underloading, the
caufeof Separation betwixt the Reformed churches, and the
Romanifls: finceneither the one y nor other branch of that a(-
fertion is defined in that Church , or fo cenfured as not to beheld
upon paine of Excommunication.
The fourth Proportion as it is conjunctive or copulative ( to
which it isnecefl'ary that both parts be true ) mull admit of a
diftintfion before it be cenfured. To aflert that a?.? may hold
comunion with any one, that is, account him of the Fame Church
in generall with us, and joyne with him in the celebration of
the fame Church worfhip , and participation of Sacraments y
'tis neceflary that we confider what it is He proftjjeth ,and what
it is wherein he and we communicate , and what relation rve
ftand in, in relation to the A&ings of our Superiour Cover-
nours, that may have influence upon the cafe. As for Example*
if the King by an Adl of Parliament fhall forbid us exteriour
Communion
Of the R oy al S oci eey.' i7
Communion with the Pope , whatever charitable opinion I
might be induced to have otherwife of him , yet I ihould not
thinke fitting to do it, or that fuch my procedure were S chif
matte all . Thus obadiah , and the feven thoufand incorrupt
ferns , together with Elijah and Elifha, did not refort to the
Temple-worjhip at ferufalem, by reafon of the prohibition by
feroboam, I Kings 12. Thus the English Papifls complyed in
England with the Anions of H. 8. Now 'tis notorious that by
our Laws the Eng/ifb are forbid in England to be prefenr at any
other rites or communion , then what are authorifed by the
Church of this Nation, and that upon penalties very great', upon
5. and 6. Edward, 6. and 23. Eliz. i.fo that in reference to this
particular, the After cion of our Virtuofo is contrary to the
Lawes of our Land, charges them with injuftict tends to fe-
duce the Kings Subjetfs from their obedience.U we abftradf fro
this confederation , andrefiedt upon the perfons to be commu-
nicated with, and the things wherein the communion is held : I
fay it is a difficult thing to determine what thofe tenets are
which cut a man off from th egenerall communion of chriftians,
provided that the matters wherein the communion confifts be
innocent , and blamelejse. I finde th e^Apoflles to communicate
with the fewes in the Temple■ worjhip , and in their Synagogue*
worjhip . I finde the Communion not interrupted by the Af-
fertions, that the Obfervation of the Leviticall Law was ne-
cefiary to a C hri/lian, A51.1 I. 20. Thus though S. Paul
found very enormous err ours (and fuch as would now be called
Fundamentally & a ground for Anathema's ) in the Churches
of Corinth, Galatia , and Colo ft , yet did be fpeake honourably
of them, calls them Churches , communicates with them , but
not with their err ours and hercfies, I finde the Brians and
the Orthodox to communicate together at firft in the fame
worjhip , fcarce tobediftinguifbed one from another, til! the
D Gloria
iS * uA Qenfure on the Hiflory
Gloria Patri, came to be faid : and after the determinations of
Nice, when the Arians had gained the advantage at Ariminum,
thoogh there were fome Catholiques fo fcrupulous that they
would have no communion with fuch as received the Council
of Ariminum, yet S.Hilary thought it beft to converfe with
them , and to call them to fuch Councils as were frequently
held in France upon fuch occafions. And where this fort of
communion is to be carried on, and when to be interrupted, I
am not learned enough to underftand out of Antiquity. It ap-
peares to mee that the b3re pretenfe of an Infallibility is not
enough to cutoff Communion, if the Infallibility be reftrain*
ed to fome limitations and explications: for as the naturall man
may fay he is fometimes infallibly a fibred of fenftble objects,
andconfequently b efo far re infallible: fo the Spirit uall man
may be in many things infallibly alTord certitudine fdei, cut
nen potejl (ubefefalfum , by the grace of God, and the fpectal
afiiftanceof the Holy Ghofl, fo as that he is fo farre infallible.
Rom.S. 16. 1 john 5. 13. John 14 20. 2 Cor. 13.5. 1 Cor. 2,
11,12. And this circumftantiate Limited infallibility ,if it ex-
tend it felfeto fome things pafl, whether of a morall or fpiritu-
all nature, is not alwaies blame worthy, much leffe a fufficient
ground for to refcind Exterior Communion. It remaines then
that we inquire into the nature of the pretended infallibility,
what it proceeds upon, and what it interferes with. For any
mantoaflume to himfelfe an abfolute,and effentiall, and un-
condittonate infallibility, is blafphemy , if not madneffe in an hu-
mane creature^ and undoubtedly refcinds a\\ communion, if it
do not rather entitle to Bedlam. For any man to afTert that he
is by the particular favour, and promife of God infallible, either
in omnibus quaflionibus tamfaiiiquam juris (which fome J-e-
fuites avow of the Pope ) or in matters of faith only (however
that tenet be explicated) either in relation to th; determining
of
of the ffioydll Society. 10
v J ' lam very itre-
of what hath been taught by the Church of Chrifl ; or as to ad- folutc » this
dittonall deciftons-, that the profeffion of fuch infallibility ( pro-
vided it do not extend to the preaching of any knorvne funda- finde the and-
went all err our) nor impofe on the communicants the beliefe of, councciT;r#f*
and afi'entunco the reaiity of fuch infallibility , perhaps it is thTmom/Tf
not enough to breake off an Exterior communion . But if fuch crrour & het «-
infallibtlity be raadeufe of to theefhbhfhing of, or inttodu- mVnifatc^i
cing impious, blafpemous, and Idolatrous pradlifeSjifitfruftrate forbid all rifort
the tenure of the Gofpel, and render the Word of God( as fufpen-
dedupon that Authority ) of none effedl as to being the rule of^ff'f '^
our faith, and the finall fudge of controverfies 5 I do thinke, church-com-
that although the err ours, and Idolatries were no pare of the i^ompndt
Church Service, nor impofed on the Communicants to hold 3 yel" that they vatyed
were all Communion exteriour to be avoided with luch a per-
fon and his adherents, fothat none ought to re fort to their
affemblies after fufftcient & due detedfion of that Antichriftian then be ['me
monfter:But agreeably to the praffice of the Church of England
(our indulgent mother) I do think that the refort of fuch men render tbc cafe
to our Church-worjhip 8c Communion ought to be allowed, & douhfuti, as
not [erupted at.Thus our Lawes enadled in Parliament^whlch *o,°'™ 7 it'. 9 *
with the afjent of Convocation) is the Supreme Judge here on i cor.8.io.c>
earth of#er£y5«,&confequently ofLegal Non-comunion^xx* * Co ^' l °»
nifh R ecufants for not comunicating with us in the Church' fer- \ x 0 my'tll
vice-, yet enjoynes them not to relinqutfh their opinions. But in agency of
cafe fuch Infallibility in matters of faith be pretended to by any, fJubfctldcd
or cwned,as introduceth Blafpemy,Idolatry,err our, and fuperfii- by contrary pra.
tion into the publique Offices of Divine Service , a P roteft ant
cannot lawfully , and with any good Confcience joyne with Him , t 5 xi °"S r 'cor.
or Them in fuch worfliip .• viz: No Proteftant can cut of Devo- 3 n. Ephef .4.
tion (which is requifite co Prayer) joyne with the Papifts in ] c , j0
the blafpemies, and Idolatries of the Maffe^s any man knowes Calybute Dory,
that hath but lightly infpedted their OMiflaff , or receive the
r> , ♦ o Seder,all,call.
Uz Sacrament here,co,uiuf.i.
Mi.
Mr Chilling*
worth ch. 5.
§ 11-
Ibid.§ 40.
Caufabon.refp,
ad Cardin.
Perron,
20 A (fenfure on tie H'tflory
Sacrament in one kind , (contrary to the divine ioftitution ) as
an Expiatory facrifice availing the quick and the dead ( which
is repugnant to the primary intention of Chrift) and this pay-
ing a religious veneration to th egrcffe elements , and breaden
god. This judgement lam much confirmed in by Mr Chil-
lingtvorth , where he faves, that the caufesolourfeparation
from Rome are ( as we pretend, and are ready to juftifie) be-
caufe we will not be partakers with her in Super(lition, Idola-
try, impiety , and moft cruell tyranny, both upon the bodies and
foulesofmen.- <c you miftake in thinking that Proteftants
4 hold themfelves obliged not to communicate with you,only t
' or principally for your erreurs and corruptions: for the true
'reafon is not fo much]becaufeyou maintaine err ours and cor-
c ruptions-, asbecaufeyou impofethem-, and will 3llow your
1 Communion to none bur. fuchas will hold them with you; and
4 have fo ordered your Communion , that either we muft com-
4 municace with you in thefe things, or nothing. Thus much
may fufficefor that part of the Propoficion, that notrvithflan-
ding theufurped Infallibilitie of the Btfhop of Rome, yet ought
we to held exteriour Communion with that ancient and famous
Church. For fuppofing the cafe to be as I (agreeably to the
Church of England ) have ftated.it, the Antiquity, Grandeur,
and-Fame of the Church oiRome are too extrinfecall and tveake
Arguments to fway us into an impious Communion. Nor is the
imputation of Schifme fo horrid, nor exteriour communion fo
amiable and inviting, that topurfue th3twe fliould either
bandon , or endanger the truth. So King James in his reply,
CI Neque ignorat Rex multa fcepe veteris Ecclefia? patres
4 feciflc, pro bono pacR, ut loquebantur, id eft,
* ftudio confervandae unitatis, ac mutuce communionis ab-
* rumpendae metu. Quorum exemplum fe quoque paratum
'efie proficetur tfmularij&fe&antium pacem veftigia perfequi
• ad
Of the Royal Society. 11
ad aras ufque$ hoc eft, "quantum in hodierno ftatu Ecclefiae
per confcientia; integritatem licet. Nemini enim fe mortali-
um cedere,aut in dolore quem capit graviffimum e membro-
rum Ecclefia? diftradione, quam pii patres tantopere Tunc a-
bominaci: autin cupiditate qua tenetur, communicationem
habendicum omnibus, fi poffic fieri,qui membra hint myfti-
ci corporis Domini noftri JefuChrifti- Haec,quum ita lint,
exiftimat nihilofeciiis Rex, juftiflimam habere fe caufam,cur
ab iis difientiat, qui limpliciter fine ulia penitusdiftindione,
aut exceptione, banc communionem fine fine urgent, fnter
proprias Ecclefite notas hancfatetur efie cum primis necef-
fariam: non efie tamenautumat veram ipfam Ecclefiaafor-
mam, & quod Philofophus appellac nrinrty. DidicicRex e
ledione Sacra: Scripturae(nequealicer Patres olim fentiebant
ad unum omnes) veram & icnah) Ecclefia? for mam efie, ut ,•»
I ■ n ■ r . n o ^ jOHtl. «0, 3«
audiant Oves Chrijlt vocem (ui Pajtoris , & ut Sacra-
menta adminiftrentur rite & legitime, quomodo videlicet
Apoftoliprafiverunt, & qui illos proxime fecuti Tunc. Quce
hac ratione funt inftiturse Ecclefia?, necefieeft ipfas multipli-
ci communione inter lefe efie devindas. Uniuntur in capite
fuo Chrijlo , qui eft fons vita?, in quo vivunt omnes quos pa-
ter elegit pretiofo fanguine ipfius redimendos, & vita sterna
gratis donandos. Uniuntur unitatefidei & dodrina?, in iis
utique capitibus quae funt ad falutem neceffaria: unicaenim
lalutaris dodrina, unica in coelos via. Vniuntur conjundio-
neanimorum& vera ch3ritate, charitatifqj olficiis, maxime
autera precum mutuarum. Uniuntur denique fpei ejufdem
communione, & promifia? bcereditacis expedatione* gnarife
ante jada mundi fundamenta pra?dtftinatos efie, (de eledis
loqUOr) Ut fint myxMtejrofut i^wcwmi tu ityci iiiuyyiiiat ra Ephef, 3, 6.
it ni hi rS Ivtyyihl? ,quod divinitus ait Apoftolus. Sed ad-
die Rex, eandera camen £cckfiam ,fi aliquod ejus membrum
dilcedac
1
21 j 4 Qenfure on the Tl'tjlory
4 difcedata regula fidei, pluris fadturam amorem writ at
<quam amorem unitatis. Scic fupremam legem efle indomo *' J 'f
4 Dei, doBrina cceleftis /inceritatem 5 quam fi quis relinquar,
4 Cbnftumrelinquic, qui eft Ecdefiam reiinquir,
t Tim, ?. 1 j. *svw lyityvamt atqueeoipfo ad corpus Chnfti defi-
4 nit pertinere. Cum hujufmodi defertoribus nec vult,necpo-
a cor. 6. if. ( tefl vere Catholicus communicate, 7 u $ nntdtnQ, ( xws v P J { g £ - d
' fugiec igicur horum communionem Ecclefia, & dicec cum i r M
Depace otat .i. 4 Gregorlo Naztanzeno, Kptltxm* iuvud-*t ououixtn v ^ j ' l-jTsGtn mtihl
r n , , 'N^cdubicabiccumeodcm beatoPacre, ft opus faerie, pro- mi
In Out. habit a . . , « , , j r- . r '
in Concii, Con. nunciare, elle quendam n&r minor. Q.uod autem in Ecclefia ,10,11,
Cantin. 4 futura eftet aliquaado neceflaria hujufmodi feparacio, turn a- -mi
* liis faerie paginae locis clarb docemur-, cum ilia apsree decla- mal
' rat Spiritus fandft admonitio, non temeie profe&o Ecclcfiee mot
* fadta, 'd|U5t7J, inquientiS, Bce£u*ar'9- 0 i*'o( ft# it* fti mytotratiim -ijj
' tr»nrapMpdtu('uiTn{. Qjuajnam fic ilia Babylon, unde exire po- {fa
1 pulus Dei jubetur, non quaeric hoc loco Rex, neque fuper eo L |V i
'quidquam pronunciac. Hocquidem res ipfamaoifeftiifime )Jl,
* oftendic, five privata quiedam Ecclefia eo loci inteiligicur s ;tE
'appellatione Babylonis , five uoiverfa? pars major: earn prius i\</'
4 fuifle legitimam Ecclefiam, cum qua pii pie comrnunicareats m
'pofteaveroqudm longius procefiitejusdepravatio,/ubencur s m
4 pii exire, & communionem abrumpere: uc facile fic vobis in-
4 telligere, non omnem communionem cum 'tis qui de nomine
4 cbrifli appellantur fdelibus efie expetendam-, fed til am demum
4 qua fit falvd doBrina coelitus reveUta intcgritate. Ouc of
wbich words (and they feem co be che words noc of Ca[aubo»> i
or K. 'fames, buc the Church of England) if I am able co de- „
vide pnef.ad D. ^ uce an y conftquence, I am fure this is one, that it is not at any
Tho.Ednjundiu time lawful to hold with any Church a communion with her .
enown defaults and impieties: and that how deftreable foever
Uniiy be, yet the regard thereto ought never to tranfport us fo far, *
; u *» - * ■ " ' as "' s;
Of the Royal Society.
as to mix the fervice of God with that of Belial5 that fome cir- ™ a '-
cumflances do legitimate an holj war, and that a bad agreement pa n cc °, ™ gimfU .
is not to be chofen before a contefl and feparation in the behalf of led. pads: buma-
real Godline(Je. I am fure 1 am by the tenor of that Letter ju-
ftified, if I dare not joyn with a Church fervice, whereio T ran- nolumiu. Dutci
fubflanttation, and the facrifice of the CMafte, and prayers for in f H f
the dead, and to the Saints (not to mention the mutilation of
the Communion, and Image-worfhip) muff be owned, or hypo- aiiud efl,inquit T
critically complyed with, to th zdifhonour of God, 1 CV. 1 o. 2 o, ^ rvi "
21,2Z. the detriment 2nd offenfe of the weak Chrtflians, 1 Cor. q U od isti quJ-
8.10 ,11,12. and the flrengthning of the party communicated ' nmt > Christus
with in thoteerrors and Blafphemies. How far farther I am \TfrodauTve-
warranted by that Letter, and the practice of the primitive fa- ntm svangcUi,
thus to refcind a Communion (not other wife erroneous or
faulty J opon the account of errors, Idolatry, or conceived cbnftiamum 0-
Blafphemj in the prattice or fpeculative tenets of a Church, or cutis mmatur,
per (on, what private men, what a particular Bijhop , or national ff- Sa/p?w*r
Church may do,I fhall not entermeddie with; as having ailed- noma pax eft,
ged enough in oppofition to what our Firtucfo layes down. I •
fhould proceed now to enquire whether that we may hold com- Eft quadmjr,>
muni on with the Bifrops of Rome, fuppofing that they challenge a quit Nazianre-
Sovereign dominion over our faith? But fince there was no™f ( e ft *quoddmi
fuch thing preffed upon the Englifh Chnrchco occafion the fir ft utiieMiffidium.
rupture , the generality of C hriftendome being then, and at the Nm ? ac ' icufn
fir ft calling of the Council of Trent inclined to the contrary te- licndumlftf
net, ofthe Pope's being infertcur to a Council General, denying quantum fas eft,
his sovereignty and Dominion over the faith ofthe Church-,znd ^AiTqulcbri
his per fen at infallibility being an opinion fcarcely to be men- ftus ipfe non pa-
tiened. or inft(led on, much Iefl'e authenticated in thofe dayes: m »?dum
and fince that now, neither the one or other tenet can juftly b ed!m.
...... Pop" fecum
in graiiam redire vein, tpfe prnis in grattam rtdife debet cum Deo, Juellio epolog. Ecclcf. Anglic.pag-i^q,
edit.latin.Ltmdin, 1551.
charged
24 *4 Cenfure of the Htftory
charged upon that churchy nor is a condition of their Commu*
nion at prefent: fince the Controverfie would be Urge, and in*
triguedwith dtflintfions. Ileave the debating thereof as inu*
tile , and content my felf with having fufficiently refuted our
Virtuofo already, in what hath been alledged,though Teeming-
lyto another purpcfe. Undoubtedly there is no conniving or
complying with fuch aperfon, for one that is to avoid the ap-
pearance of evill. It is a dethroning of Chrift whom God hath f,
appointed to be the head of the Church , and by him all the body j
gvr„/■ j fumifhed and knit together by joints and bands, increafeth with <
Coiojj: V, \ 9 . theincreafing of God. It is the introducing of another Comer* <
Ilone , and another foundations the creating of another fabrick <
then what is built upon chrtfl , and the o* poflles, and Prophets; i
at leaft it is a compliance with all fuch unchnfiian Monflrofi- |i
ties , a (Hence, that is equivalent to an Aflent in fuch high cafes', |i
I have learned it from Dr. Raynolds . ' Seeing chat to exercife i
, ,„ B y, con f ' this rule and dominion, is a prerogative Royal , and proper to i
.Ti £ the King of Kings 5 to give it eithet in whole, or in part , can- »
dmf.2gag.6- * not be alelleroffenfe than High Treafon. i
Fifthly, that the Church of Rome, according to its prefent t
eftablijhment, and under that conflitution wherein the fir ft Re-
formers found it, may be denominated a Cburch, Ancient <
and Famous-, and that upon thefe accounts (for none other are
mentioned,) pofftbl) there doth belong a refpeff unto it, or an ob- (
ligation to communicate therewith. ,
The firftpart of the Proportion is falfe, and notorioufly ,
contradi&s the do&rine of the Thirty nine rticles, and Ho-
milies biibz Church of England. For although it be granted
that even thofe Articles, the Homilies, and our Writers (and I
my felf) do beftow vulgarly the appellation of a Church, yet
is that an impropriety offpeecb, and not to be juftifed otherwift
then by proleffing 3 that when the name of Church is attribut- I,
ed
of the ftoyall Society: 25
ed to Rome, and England, the predication is equivocal} fince
thac the definition of a true chriftian Church , which makes up
the Ninteenth Article , cannot be accommodated to the Ro-
manifis: viz The vifible Church of Chrijl is a Congregation of
faithful men % in the which the-pure word of God is preached,
and the Sacraments be du s ely mini fired, according to chrifl's or-
dinance, tn allthofe things that of neceffity are requtftte to the
fame. This Definition is afierted 3nd enlarged upon in the
fecond Homily for Whttfunday , in thefe words.
* The true Church is an univerfal congregation or fellowfiiip
4 of God's faithful and eledl people, built upon the foundation
4 of the Apoftles and Prophets, Jefus Chrift being the head- Ephf, z.
Corner ftone. And it hath 4/nu/fj three notes or marks ,by
4 which it is known. Pure and founddotlrine: The Sacraments
4 mini fired according to Chrifl's holy inflitution : and the right
4 ufe of Eccleftaflical Difcipline. This defcription of the Church
4 is agreeable both to the Scriptures of God, and alfo to the
4 dodtrine of the Ancient Fathers, fo that none may juflly find
4 fault with it. Now if you will compare this with the Church
4 of Rome , not as it was in the beginning , but as it is prefently,
4 and hath been for the fpace of Nine hundred years and odde ,
* you fliall well perceive the ftate thereof to b efofar wide from
4 the nature of the true Church, that Nothing can be more. F or
4 neither are they built upon the foundation of the Apoftles,
4 retaining the found and pure Do&rineof Jefus Chrift} nei-
4 ther yet do they order the Sacraments, or elfe the Ecclefia-
<fticalKeyes, infuchfortas he did firft inftituteand ordain
4 them} but have fo intermingled their own Traditions and
« inventions by chopping and changing, by adding and pluck-
c ing away, that now they may feem converted in a new guife.
'Chrift commanded to his Church a Sacrament of his Body
* and Bloud : they have changed it into a Sacrifice for the quick
E and
26 J (fenfure on the Hifiory
4 andthe dead, Chrift didminifter to his Apoftles, and the
1 Apoftles to other men indifferently under both kinds: they
4 have robbed the Lay-people of the Cup, faying that for them
4 one kind is fufficient. Chrift ordained no other Element to
4 be ufed in Baptifme, but onely water, whereunto when the
1 word is joyned, it is made (as S. ugufline faithj a full and
1 perfcdt Sacrament: They being wifer in their own conceit
4 than Chrift, think it not well, nor orderly done,unlefte they
' ufe Conjuration, unleflethcy hallow the water, unleft'e there
4 be Oyl, Salt,Spittle,Tapers, and fuch other dumb Ceremonies,
4 ferving to no u/e, contrary to the plain rule of Sr. Paul, who *
i cor, x 4 . 4 willeth all things to be done in the Church to Edification,
* Chrift ordained the Authority of the Keyes to excommuni-
4 cate notorious Sinners, and to abfolve them which are truly
4 penitent-, They abufe this power at pleafure, as well in curl-
'ingthe Godly with Bell,Book, and Candle,asalfoabfolving
4 the Reprobate , which are known to be unworthy of any
4 Chriftian Society: whereof they that luft to lee Examples,
e le them fearch their Lifes- To be fhort , look what our
'Saviour Chrift pronounced of the Scribes and Pbari[eesin
4 the Gofpel, the fame may be boldly and with a fafe confcience
4 pronounced ofth eBijhops of Rome,navnz\y they have forfaken
4 and daily do for fake the Gommandements of God, to ereti and
' fet up their own conftitutions. Which thing being true, as all
' they which have any light of God's word, muft needs con-
* fefs, we may well conclude according to the Rule of St. An-
4 !Tttiine, That the BISHOPS OF ROME, AND THEIR
4 ADHERENTS, ARE NOT THE TRUE CHURCH
c OF CHRIST ; much leffe to be taken as chief Heads and
< Rtt'ers of the fame . Whofoever, faith he, do diflent from the
c Scriptures concerning the Head, although they be found in
4 all places where the Church hath appointed, yet are they not
• - irj
Of the Royal Society. 27
8 in the Church. 2L plain place concluomg airtttlt? again® ffjc
Cl)utdj of Mome.
TheCe Homilies we of fuch Authority with us, thar the
Clergy muft fubfcribe unto them. That'they are a part of the
Liturgy, the Rubrique in the Common Prayer, and the Preface sec h.l'e-
to them (hews: and the Preface faith, they were fee forth for J^y bou£
the expelling of erroneous and poyfonous Dcffrines. More fully c ' e til '* h
tis laid in the Orders of K. $ames, Ann. Dom. 1622. the Ho-
tniiies are fet forth by Authority in the Church of England, not
cnelyfor the help of non-preaching, butwithall as it were a pat-
tern for preaching Miniflers • Neither is Bifhop $ewel, in bis
\j4ypology for the Englifh Church, any more favourable to the
Pope and his Adherents. ' Nam nos quidem difceflimus ab il- JutU. Apoiog.
'laEcclefia, in qua nec verbum Dei pure audiri potuic, nec YffcStflol-
8 Sacramentaadminiftrari, nec Deinomen, ut oporcuit,mvo-
8 cari-, quam ipii fatencur multis in rebus efie viciofam: in qua
c nihil erat quodquenquam poflet prudentem hominemde (ua
' [alutecogitantcmretwere. Poftrembab Eccleii3 ea difcefli-
* mus qutE nunc eft, nonqure olim fuit: atque ita difceflimus,
c uc Daniel e cavea Leonum, ut tres illi pueri ex incendio: nec
8 tarn difceflimus, quam ab iftis diris & devotionibus eje&i ..
fumus. And in the concluiion that pious Bijhop thus delivers tbtd ' ^ 191 '
^himfelf again. Diximus nos ab ilia Ecclefia,quam iftifpe- Mv
'luncam latronum feceranr,eH# qua nihil integrum, aut Ec- thcgLV ' a
t cle(iafimile «%«^»t,quamqueipfifatebantur multis in re- g 'ft (who lived
8 bus ertavifle, ut Lothum olim e Sodoma, auc Abrahamum e
1 i /i ••/!)• r 1 • iradjaction) not
4 Chaldaa , non contentioms ltudio, Jed Bet tpfius admonitu oneiy profeiTsth
4 difceflifle, & ex facris libris, quos fcimus nonpofle fallere, tha f ther * was
4 certamquandam Religionis formam qua;ftvifle s & ad vete- ^rlciZcbin
Rome, but alfo
that the Separation was trade not out of a violent beat and tranfmt , as our H'ftor'un fayes, but in o-
bedience to the precept of Cod.
E 2
rum
A Cenfure on the HiHor]
4 rum Patrum, atque Apoftolorum primicivam Ecclefiam I
4 hoceft,ad primordia atque initi3, tanquam ad fontes rediifle®
I might profecute this point with an infinity of Citations
out of (uch Divines as were eminent Writers and Adlors in
the beginning and throughout the Reign of Qu. Elizabeth,
when the Church of England (even in the judgment of Dr.
Heylyn) received her eftablifhment , and when her Sentiments
were befl known: but I iliall content my felt with Dr. Whita-
Ttf )iiti\rt con. ker alone, 4 Romanam Ecclefiam Catholicam qua? nunc eft,
trov.z.fu.c.v t quajque recentioribus hifce temporibus floruit, earn not non
1 folam Ecclefiam Catholicam, fedne omnino quidem Catholi-
e cam efie d'tcimu>s-,nec tantiim non Catholic am, id cfi Vnivert
* falem , fed nc veram quidem Eccleflam Chrifti particularein
t * efle contendiraus. Jguare deferendam e(je dicimut ab omni-
c nib hs, qui fervari voiunt tanquam Antichrifti & Satana Sy»
4 nagogam. —Nullam in ea falutem fperandam efle, info dam-
6 nandam ill am dicimus tanquam barathrum harefeos & err or is
4 —Si quando ex animode Ecclefui ilia loquamur, earn femper
* Rcman3m, Papifticam, Antichriftianam, Apoftaticam Ec-
« cleflam <uocamus. Other Elogies then thefe no true fon of
the Church of England did afford unto the RGmifh Church at
fir ft-' and they who afterwards began to (peak more mildly of
_ _ B „ , her fin which number were Bifhop
Dr. Potter pag,Si.faith, Although we confene the r , /> . n , , .< r ,
Church of Rome, in fom e fen(c,io be a true Church, HaU > and Dr. P Otter) they allowed
and her errors (to fame men) not damnable, yet to her the name of a Church, but with
us who are convinced in confcience that (heerres thofe tcrmWimlnumC sA^addUlO
in many things, a ncceyity lies upon us, even upon 1
fain of Damnation , to forfakc her in thofe Errors* VVnCrCOi rCOufirS 3il [tW^U p?edicati~
—that is, whofoever is convinced in confcience ons t0 b efalfe) thofe reftri&ionS of
that the Church of 7(ome erres,cannot with a good nC ~r:r I n ; , > ; .
confcience but forfakc her in .the profeffion and ScblfmatlCOl,Heretical, jdolatr OtiS,
prafticc of thofe Errors.-and the reafon ismanifeft, 2nd fuperftitiotiS C^«rf^.They COOO*
for otherwife he mud prof efle what he believes not, p ar » £ j j^j. tQ a man fnor tally XVOUnded:
and prjftici what he approves not. C billmgwortb r . . J , *
ch-j §.io 4 . nothing can be argued from their
writings
of the Royal! Society. 29
Writings to condemn the Proteflant feparation of Schifme:
they make her fo a Church , as to interdift all communion,
and all peace with Her. And if it be thus difficult to pro-
cure from any man, that regulates his judgment according to
the eftabliffieddodtrine oUur Churchy any manner of grant
that the Romanifis are a Church I am fttre it is impoffible to
extort from any [nchperfon a confeffion that the Church of
Rome , in that condition wherein our Reformers found it, and
whereiQ it ftili continues, is either Antient or famous. The
Z/tfwi/jafarerecitedallowes it no greater anttqaitythm of a-
bout one thoufandyears: and tisan avowed Truth, that whate-
ver is not primitive and Apofiolick , is an innovation . The
tranfadfions betwixt theEmperour Phocas and the firft of the
Univerfal Btjhops are too recent and too infamous to give unto-
th eprefent Romanifis any repute. It hath alwaies been the pro-
feffion of the Church of England , and of all Protejlants , that
they deferted the Church of Rome, becaufe Jhe was apoftattfed
from ivhat was tritely ancient and the Church of England is re-
ally, what the Papifts pretend to be: this fewell declares in
his Apology more than once: Nojlra doctrina, ejuam rettiits po(- 3 ucl1 - a f° l -
fumuschriBi Catholicam doclrtnam appellare, -nova nemini lI7 '
videri potefl, nift(icui ant Prophetarum fides, aut Evangelium,
aut chrtflusipfe videatur novus. The pafl'age I mention'd
formerly, fhews that we reformed our [elves from their err ours
and impieties, to conforme with the genuine Antiquity. The
Homily againft peril of idolatry , allowes fcarce of any Anti- Hom again ^ Ia
quity but within the firfl three hundred years. Others extend a dot. part.
fair refpeff as far as the dayes of theEmperour Marclanus, in
whofe time the Council of Chalcedon was held. Rex & Ec+ cafauhn c[>, ai
clcfta Anglic ana, quatuor prima Concilia oecumenica quum ad Perm,
mitt ant, eo ipfo fatis declarant, verse ac legitime Eccltfue tcm«
pus non includere fe uno aut altcro demum feculo i verum multa
Ion•
3 o A Cenfure of the Hiflory
lengths producer e, & CMarclani imperatoris, fub quo Chalcedo-
nertfe Concilium eft cchbratum> tempus complcttt. If our Hi-
(lorian an (hew, that the present Church of Rome , and the
Tridcntine model is fo ancient as to come within this period, I
ill all admire him,and the Congregatio de propaganda fide multi-
ply their acknowledgments unto him beyond what his prefent
performances defetve: yet really He merits very much from
the Romanics, in charging all the Scbifme upon the Protefiants
who made. a caufleffefeparation: and whilfthe condemnes the
Pope ondy for ulurping aninfallibility, and (overeign domini-
on over our Faith, without fo much as imputing unto him any
abufe of that pretended power and infallibility , without fixing
on him any err or, fuperfiition, Idolatry , or other temporal re-
trenchrncnts upon our Cllonarchy, which alcne would have ju-
flified a feparationfrom the Papal Church. But to relume my
former Difcourie, I fliall adde this paffage out of K. cpames,
thereby to manifeft how much more knowing our Firtuofo
muft be, than all the Prelates of the Church of England were
then, if he can afTert this Fame aad Antiquity of the Romtfh
Church, patetnr Rex, Eccleftam fuam a capitibus non paucis
ej m fidet & difciplina, qnam hodie Romanics Pont ifex probat,
& omnibus tuetur viribm, difccfSioncmfecife^ verumeam Rex
& Ecclefta Angltcana non defeflionem a fideveteris Catholic a
wterpretantur, fed potius adfidem Catholicam pri(ltnam,quA in
Romana novis invent is fuerat multipliciter mtre deformata, re-
verftonem, & ad Chrtfltim, unicum Ec cleft a [ua magi fir urn^
converftonem. guare [iquis decirind hujus obfervationis fretus*
inferre ex ilia velit Anglicanarn Eccleftam, quia Roman# pU'
cita nonnulla rejicit, a vetert Catholic a, aifcejSife; non hocilli
prius Rex largietur, quant [olid is raUombusprobaverit, omnia
qua a Romanes docentur {ilia pracipue qu# volunt ipft nt neccfia-
rta ad falutem credt ab omnibus) antiqu# QatholiCA a principio
illitj
ff 11
iff]
giolh
#»!
pit
iMf
w
Mit
0M
Infill
a;;
httn
llit
Hit#'
4
otT
of S
flod
HI
till
prcbaid
- 1"
Of the Royal Society. 31
probata fuiffe & fancita: hoc vero neminem pofle facere, aut un-
quamfaHurum-, neminem certe baffenus fecifle, tam I i qui do
Rcgi con[iat,& Ecclefi* Anglicana Antijlitibus, <qudm Solem
mridte lucere. But,to gracifie our Hiftorian, toyeild up ths
utmoft of Antiquity to the Church of Rome, to afcribe ail that
renown which fo charmes our Virtuofo , and which is not to be
found in the Narrative of that Papacy,which contains nothing
aim oft but what is ignominious, bafc, and deteflable-, to do all
this, (ignifes nothing to communion, unlefs I alfo grant that
the Romanifls are a true Church, and th3t there is not any
thing in the conflitution of that church which may gi vea pious
Chrijiian juft occafion to avoid or refcind Eccleftajlical Com-
tnunton therewith. Imagine them as ancient as the Manichees,
Gno(licks, and Simon Magus, or even the old Serpent: as ft ou-
riihing and renowned as ever were . , . ,
. ° . _ «| 1 • When the Devil (who wanted not the pretence of
tile Arrians, or Saracens: all this / 4ntiq:t)ty') tempted our Saviour, by proposing fand
concernes not the little flock, them prefling) unco.hini the Kingdoms of this World,
whofe fjrHm and bngdomh no, of TX
this world, whofe calling IS of another pageSatatu: and mud we kiffe dicPtprs pantaflcs,
nature. There was a time when chri- anJ ^ im t ^ ie ri R hc h ar| d fellowship, or bid
fiitmitj it felf mull have been fight- eM "" i ° p0 " °° s '""
ed juflly , and the Scribes and Pharifees were in the right, if to
make one Orthcdoxhe muft b z fortunate, and that Antiquity
and outward[plendor muft be the Charafteriftical difcoveries
of Truth: tis better to be Mafter of the treafures in the Caftle
of S. Angelo, than to be endowed with the Holy Ghoft, if Peter
muft alfolay, Gold and Silver have I none. The Laws of
the fews were thought novell by Ham an: what S.iWpre3ch-
ed at Athens was not endeared with the moft material circum-
fiances of Antiquity, and Fame. Et celfus cum ex proftflo [crt- Tue]! ^ , f
beret adver[us Chriflum,nt ejus Evangelium novttatis nomine f iij /"'" 3,
per contempt urn eluderet 3 Anflnquit, fofl tot [acuta nunc tandem
fubiit
%% A Qenfure on the Hiftory
fubiit Deum tarn [era recordatto? Eufebius etiam author e(i %
Chrifitanam religionem ab initio contumeli& caufadtttamfuiffe
VZM jftgirfa, hoc ejl, peregrin am & novam. But I fhall filence
my felf, and purfue this controverfie no longer, it having a
thoufand times been handled (uccesfullj in oppofition to the
'Papifis by Proteflant writers of our Nation, and others beyond
the Seas, who have treated^ (ignis Ecclefi*. It is evident thac
the Romanics are r.ot ancient, aor famous > nor a true Church,
according to the doctrine of the Church of England-.Ot if in any
limited fenfe it may be called a Chur h, Ancient and Famous,
none of thefe attributes can give it fuch a repute that any obe*
dient and true Son of our church can fay, that fuch refpe&is
due thereunto, as infers any Ecclefiaflual exteriour Communi-
on: much lefl'e can I, or any elfe aflent to the fubfequent Pro-
pofition,
6. That fuch a refpec? , or meriouu Communion, may be
entertain'd with Rome i and yet we incur no Danger of ^upecftt-
ticn.
To cenfure this Propofition, it is neceftary that we ccn-
fider it in a twofold fenfe: either as it relates to that original
miff ake of our Hiflorian about the Infallibility and Sovereign
Dominion over cur faith ajjumed by the Pope : or as it relates un-
to the real condition and conlfitution of the R omijh Church
in its offices, and religious Doftrines.
Upon the firft confideration arifeth this Queff ion; Whether
a Prot((lant of the Church of England can entertain communion
with the Church of Rome , (fuppofing no material Err ours in
the worfliip wherein the Communion is maintained,} the Bijhop
thereof a fuming^ and the Church allowing of an infallibility in
him, and a foveretgn dominion over onr Faith , atiD not onclg o-
bcrtfjeirs; and this without danger of Supervision?
Upon the fecond Confideration arifeth this QgeftioDjJT^-
her
Of the Royai Society.^ 3 2
ther it be poffibltfor any Protefant of the Church of England
• to hold Communion with the prefent Church of Rome, in its Ec-
clefajlical offices and De^lrines i without danger of Super ft'
ton?
The firft Queftion is eafily decided againft our Virtuofo,
from that thofe Churches who have held communion with the
Pope when thofe pretenfions were on foot, have been involved
in (uperjlitious and idolatrous .pra&ices: which is notorious
out of all Church hiftory, and the exorbitances of the Pope in
that kind (when the Canoniffs and other abettours afcribed
unto him a Sovereignty over the Chriflianfaith) have intro-
duced all the Super](litiens of the Gregorian CMiJlal, and Ela[-
phcmies, and idolatries: nor doth it appear that any thing e-
ver contributed fo much to the advancement of all thofe/»^r-
fiitious, and Idolatrous practices and Tenets , as fome unwary
expref ions and refpecls of Communion^ which have been in-
dulged to the Pope by the Fathers, and others of [ucceeding
Ages', which is notorious to any man that confiders the pre-
tences upon which the Dominion of the Pope , and his Suprema-
cy is founded, by the Roman Courtiers. For though neither
did the French Church, nor other Bijhops ever intend to fub-
mit unto feveral fuperjlitious and deftrudive tenets that the
papacy and Canonijls urge , yet into what dangers fome are
fallen-and enfnared, and others arethreatned to be involvedfs
manifeftj and all this from too great tendernefle in point of
Ecclefiaftical Communion. It is manifeft from the mutability
and frailty of humane nature, and the ufual effedf thereof upon
temptations, that where fuch a power or Sovereignty is lodged,
it may be applied to the introducing of Superfluous and ido-
Jatrous pra&ices. Thus fcroboam the fon of Nebat made if-
rael to fin: they perhaps innocently complied with that Save
reignty, when Orthodox 5 and he raifimploying it, diverted
F them
1
• • • r Jr
34 .A Qenfure on the Tltjlory
them from the true worfhip of God. So Nebuchadnezar one
day eredts an idol , and appoints all upon pain of de3rh to vvor-
fhipit', by and by commands all to vvorfhip the God of the
three children. Thus Darius makes a Decree^ that none Hull
put up any prayer or petition to God 3 but onely to the King
for thirty dayes- the tranfgre([or being to be caft into the Ly
on'sdenne. How many, think we, by holding Communion
with a Prince owning fuch a power, were by thofe Caprichio's
ingaged not into the peril of, but a«5tual super(lition and ldo~
latry. Nor are the Papal pretenfes lefTe, the Canomfts and
Decretals afcrtbi'ng unto him a power even to alter the Chrifli-
an faith, and not onely to enlarge it-, that He and chrift have
but on e Tribunal, that He is God ; that if He vary from the
Scripture and chriftianity , tis to be prefumed that God Al-
mtghty hath changed his mind: with fuch exprtffions heretofore
the Papal Letters and Canonifls were fluffed: and what dan-
ger there is from our Hiflorian s communion of Super [lition
and idolatry, appears from the Determinations that have been
made about T ranfubftantiation, and the confequent worjhip and
fuperftitions about that Breaden God. In fine (for I will not
infiftuponfo notorious a point) fince the Counctll of Con-
fiance could determine, and involve others in a [uperfiitious
and impious compliance, that nonob(lante } notwithftanding a-
ny thing in the Scripture to the contrary, the Communion in
one kind fhould be celebrated: Tis ftrange for any man to fay,
that there is no danger in communicating with one pretending to
fuch apower,{ though not yet abufiog it) there being fo evi-
dent infiances offatf to the contrary. If there were no other
argument for the continuance and advancing of the fludy of
Philology, and all ancient Learning and Church. Hi (lory, the hor«
ror of this jffcrtionoi our Virtuofo is fuch, that no Proteflant
of the Church oi England can other wife bucaflem thereunto
nows
Of the Royal Society. % 5
now. Any man that underffonds the controverfies betwixt
the Papifis and Proteftants, and contefls about Image worfhip,
and feveral other Papal Super fiitionsmd idolatries, which have
lupned in Greece, Germany, France, <?/'»,and England , of
and iUfrr d3yes, betwixt thofe of the Roman-Catholick Com-
munion, will never aflent to our Author's opinion, or free him
from the imputation of groffe and intolerable ignorances
The fecond Queftion, Whether it be poffible for any Prolefiant
of the church of 'England to communttate with the prefent
iZhitrch of R.ome in her tenets and Ecclefiaflical offices, without
danger of Superfiition? is eafily determin'd, by confidering the
nature of Ecclefiaflical communion , which I explained in the
beginning, ana the nature sad grounds of our feparation from
Rome, and Reforming our felves. No man can hold fuch an
affertion , but he muft deferr the Thirty nine Articles, wherein
the invocation of Saints, and Image worfhip, prayers in an un-
known Tongue, the five additional Sacraments, Communion un•
der one kind, Tranfubfiantiation, worjhipping ofthi Ho fie, are
all condemned. Nay the laft additional Rubrique declares it
to be exprefs Idolatry to worfhip the Bread. Now the actual
acknowledging of all chefe fuperfiitions and err ours , the affual
complying with fuch as relate to pr aft ice, is fo required of all
fuch as hold communion with the Church of Rome, that none
can remain therein without being fenfible thereof: fo that ei-
ther our Virtuofo underftood not what it was to communicate
with th QRomamfts, or was ignorant what Superflition and
Idolatry are,when he writ this paffage.
But fo much hath been faid by me in the foregoing paflages,
in vindication of our Church for departing from the Romifh
Communion-, and ourZ,48>;, together with other Ecclefiaflical
confutations are fo pofitive and fevere againft all fuch Commu-
nion, that I need not infill: hereon farther: but leave it to the
F 2 Confi-
3 6 A Qn/ure on the Hiftory
Confiderationof my Superiours, and of thofe that are skilled
intbe Laws of the Land y How confonant this pafage of our
Hi fort an is thereunto, how pernicious towards ihefuhvcrfion
of the eflablifhedReligion, and how far punifable-, it being a
notorious endeavour to withdraw the Kings OHaje/lies (ub*
jeffsfromthe Keligton eftabitftieD to the Romt[h Religion.
Htfior.Q^.S.pag. $49.
* He [ the Natural and Experimental Pbilofopher"] will be led
' to admire the wonderful contrivance of the Creation , and
c fo to apply and diredt his pratfes aright: which no doubt,
'when they are offer'd up to Heaven from the mouth of
'one that hath well ftudied what he commends, will be
' mote[uitahle to the Divine Nature, than the blind Ap-
c plaufes of the Ignorant. This was the firft fervice that
«Adam perform'd to his Creator , when he obeyed him in
c muflering , and naming, and looking into the nature of ail
e Creatures £Df)is ban been tfje onelp Keltgion, if men had
* continued innocent in Paradife , and had not wanted a Re-
Ademption.
HP He former part of this paflage is contrary to the Analogy
of Faith and Scripture , in that ic makes the acceptablenes
of mens p?a^cts to cepenu mo:c 0: lefs on tlje If nop of ^atnraipijt-
lofopbrv Whereas the Apoftle fufpends the acceptablenes of
all Prayers unto God , in being made unto him in the name, and
for the mediation ofChrift feftss, applied by faith: Hebr .10 .19 ,
20,21,22.Having therefore, Brethren ,boldne[Je to enter into the
holiejl by the blcud ofjefus, By a new and living way, which he
hath confecratedfor us, through the vaile, that is to fay his flejh;
and having an High pricft over the houfe of God Jet us draw neer
with
Of the Royal Society. 57
'W with a true heart, in full afurance of faith, having our hearts
5 it I [prinkled from an evill confcience, and our bodies wajhed with
ion ! pure water. Here is nocany mention how than experimental
* 2 pijtlofopl)ie doth render any prayers more fuitablc to (feoD, than
1 1* thole oi the Itffe curious: this knowledg is no where in the
new or old Teflament fo far recommended unto us,as that with-
out this qualification the Saints fhould be faid to offer up the
blind applaufes ofigno;ant pctfons. Particularly, I do not find
this circtmfiance endeared unto us by that of the t^Apoflle,
*kl 1 Cor . 15. 2. 7 hough I have the gift of Prophefy, and under-
»,2K Jland all CMyfleries, and all fenotolcog;; and though I have
kit, all faith, fo that I could remove l Mountains, and\ytx\sz no cbari-
irhoi riri\ I am nothing. Certainly no prayers were ever more fuita-
II be ble to the mind of God, than thofe which the frfl Chrifiians
if. poured out, when it was true to fay , Tee fee your calling Pre-
that thren, how that not many wife men after the fejh, not many noble
mia are called. But God hath chofen the foolifh things of the world to
olall confound the wife. 1 Cor, 1. 2 6, 2 7. It was not intended of the
a tell Virtuofi: Except ye become like one ofthefe,ye fhall not enter in-
ifo. to the Kingdom of Heaven.
It may not be perhaps amiffe to infert here the Article
of our Church concerning works before J unification, this new
'diij way of rendrmg our p:atfcs (I do not perceive thac our Expert-
ito mentator is ever likely to fay any pjayersO more acceptable to
itpii- God being not mentioned in the Dotfrine of the Church of
mi if England.
ysl 4 Works done before the grace of Chriff, and the infpiration dnit. i 5 ;
My, c of his Spirit,are not pleafant to God, for as much as they fpring
i th 4 not of faith in Jefus Chrift: neither do they make men meetto
:hbt 1 receive grace for as the School-Authors fay J deferve a grace of
itjb 1 ' congruity : yea rather for that they are not done as God hath
nut * willed and commandedthemto be done, we doubt not but they
fill 4 have the nature of tin, Thus
* L .
38 A Cenfure of the Hiftory
Thus, for ought I can find by our Church,and the Scripture,
though our Experimental Pbilofophcr ftudy the Creation never
fo much , and never fo well, and fo, that is from thofe contem-
plations , form his Hymnes and Panegyriques, He will not come
to be more acceptable to God , than another, who with humtli-
ty md reverence ftudies well the Scripture, and to be ac*
ceptedin and through the merits of Cf3flcfus> who of God is
made unto us inifcom, and righteoufncfie, and[anchftcatien,and
redemption. I Cor.1.30. Who thinks that though the Heavens
declare the handiworks of God, and thatr4/»j and fruitful fea-
fons may witnefie for him: yet that the Divine nature will be
iWWincomprehenfible , all humane language, and thoughts, be-
neath his Maje/ly $ that the word of God is that whither chrift
fends us to fearch j that God beft fpeaks concerning himfelfc
that a Pfalrn of David , the Te Deum, or Magnificat, in a blind
and ignorant , but devout Chrifttan , will be better accepted
than a Cartcfian Anthymnc.
In the latter part, tisfomething more than is revealed in
Scripture , to fay, that thefirft fervice Adam perform'd to his
Creator , confifted in naming (for it is contrary to the text that
Adam nutlfcrco tfjcni together, The Lord God formed every
beaft of the field,and every fowl of the ayr,and brought them unto
Adam,to fee what he would call them, Gen.i. 19.) and looking in*
to the nature of all creatures. Tis very probable,that there paf-
fed fome other adts of worjhipptng 3nd glorifying his Creator be-
fore, upon his firfl original 5 and when he received that pofttive
commandement relating to the forbidden fruit: n3y tis unima-
ginable that it fhould be otherwife. The fubfequent claufe, if it
relate onely to the ftudy cf the nature of all creatures (as it feems
to do) is an affertion fuch, as never fell from say Divine. No
man ever taught, that Adam's fall (which was a breach of his
religions outs towards God ) was a deficiency from the ftudy of
Expe s
Of the Royal Society. 5 9
experimental pfjtt'ofcpine: or that he was not eje&ed paradife
for the breach of a pofitive command , but for not minding the
cultivation of the Gardened natural curiofities. I never heard See tIle
that this was that fin for which death faffed upon all men, nor about original
this tbe tranfgrefjion wherein Eve was the firfl.l would willing. f'«-
ly have con (trained my felf fo as to carry on the relation of
thcfe words beyond thofe immediately preceding them : but I
find it too far a fetch. It is true, our Author doth acknowledg jo . ^
elfewhere, that there we principles of natural Religion, which pSS " 34
confifts in the acknowledgment and worfhip of a Deity: and alfo, p a g. j 49 .
that the ftudy of Nature will teach an Experiment at or to worfhip
thatwifdom, by which all things are foeafily fuftained • Buc
thefe paflages are too remote from this place to have any tnflu-
tnee upon the text*, and the words that follow next argue for
me herein, viz. * This was the fir (I fervice that Adam per*
•* form'dto his Creator, when he obey d him in muttering, and
* naming, and looking-into the nature of all creatures. This
f had been the onely Religion, if men had continued innocent in
5 paradife, and had not wanted a Redemption. 0/this the Scrip'
£ ture makes (omucbufe, that if any devout man (hall rejeff all
'Natural pijtlofcpljte. he may blot Genefis, and Job, and the
* Pfalms, and fome other books out of the Canon of the Bible.
From whence it feems m3nifett,that our Virtuofe fo reprefents
the matter, as if Natural and Experimental ptjilofoptne, not
Natural Theology , had been the Religion ot Paradife: nor doth
he mention any thing of the obligation Adam had to fulfill
the CM. oral Law , or obey the pofitive occafionalprecepts, or to
belisve the incident Revelations with which his Creator might
acquaint him.
Hiflor.
4© A Qenfure on the Uiftory
Hiftor. S. pag. $55.
e Religion ought not to be the fubjedl of Deputations: it
'fhouldnot ftand in need of any devifes of reafon. Ic fhould
'in this be like the temporal Laws of all Countreys,towards
4 the obeying of which there is no need of Syllogifmes , or
c DiJlinffions-, nothing elfe is neceffary but a barepromul-
* gation, a common apprehenfion , and fenfe enough to under-
* ftand the Grammatical meaning of ordinary words . Nor
'ought Philofophers co regret this divorce^ feeing they have
•almoft deftroyed themfelves, by keeping chri/lianitj[o
* long under their guard: by fetching Religion out of the
' church , and carrying it captive into the Schools , they have
< made izfaRec banifoment from its proper place, and they
c have withall very much corrupted the tubftance of their
c own knowledg. They have done as the Phtliftins by fei-
'fingof the^£, who by the fameaffion, riep; ived the
* people of God of their Religion, and alfo brought a plague
1 amongft themfelves.
"TP His Paragraph is a congeries ofgroffe untruths . tending to
the dijhonour of God.and the deltru&ion of the Prote/lant
. „ Religion, as introducing of a Popijh
Ponrificu per huem implicitam intellignnt earn H- ■ F • * . , r „ , • !<
deinqna La:ci ignota & nondum intellcfta fidci do- tmpllCtt faith, Or lometh'.ng which IS
gmataaedunt implicite in illo generali, Quod vera in (ffeff the fame, but attended with
finr omnia qua: RomanaEcckfia credit,& pio ve. more ridiculous drCUmfiances. For
ris ampledjtur. fidesnon e(i ' divina, Jed nil- - . '
nana,id ejl,non nilituf Dei, fed hominum teflimo- OUT HljtoridnVJOXllQ oblige US tO re*
wo-, noncil txn&rii Mi ihtyx©-, fed Uvis & ceive our Religion upon truft, or
zptttiilnz *«* ^ ^ «!» ns
ium & ruinofo fundamento nititur. Rob. Baronius WhaCp^omulgation is, nor whatopi-
excrat.j. do fide&fcicnt. Art.j.8j. n i on vve are tQ ^ aV£ Q f
gato?. I have met with difputes amongft Polemical Divines
about the proposal of things to be believed , when that is fuffici
Of the Royal Society. 4 V
ent'ydone, and foasto oblige the party concern'd unto afient
and belief: but ^omulgatiombare promulgation, is a new term,
and fuch as never was heard of in the Divinity-Schools. It is
a Law terme , and very dubious: fomctimes Ails are legally pro•
mitigated, when palled in Parlament, and recorded there, Some-
times they are alfo printed fern to the Sheriffs, and polled up in
the Market-places,Sometimes they are read la the Churches by
the CMiniftirs, There are many circumstances required by Ca-
nonifts, and Cafuifis , and Lawyers to determin e of promulgation',
which no man ever applied to Scripture , (which is the formal
obi ell of our Faith) and to the particular doctrines which com-
pofe our Religion. If bare promulgation,a common apprekenfion,
and fenfe enough to under [land the Grammatical meaning of or-
dinary words , wer sufficient requifites to make a Religion ac-
ceptedjWhat Religion aim oft could befalfe? Or how was not
Arianifme of old,how is not the Council of Trent now true. ? If
Grammatical meaning in our Hijlory be equipollent to literal,
and oppofed to figurative , how then is not Tranfubflantiation
(not to mention other tenets) how is not it credible? If a com-
rnon apprehenfion^nd fenfe enough to under [land the Grammatl-
cal meaning of ordinary words be the flandard by which faith is
to be regulated, otmeafured , is not the Natural man capable
hereof, though incapable of the things appertainingto God?
1 Ccr.2.1^. ' In a Synod holden in a Council before Conffan-
5 tine & Helena, where it was difputed whether the Jewijh law Review of the
e or the Cbriftian Ihould be preferred,the Philolopher, ° f 8
'wtio would not poflefs any worldly goods, & Zenofimtes, who ' l ' c '
'never received Prefent from any one in the time of his Con-
'fulfhip, were appointed forWith whichdoth accord
'that faying of Gerfon, the learned Chancellour of Paris, There
'was a time, when without any ralhnefs or prejudice to faith,
'the controversies of faith were referred to the judgment of
G Pagan
41 ^ Cenfure of the Hittory
'pagan Philo[opbers,who prefuppofingthe faith of Chrift to be
4 fuch as it was confeffed to be,however they did not believe ir,
'yet they kntrv what would follow by evident andnecefiary con-
^[equence from it. Thus it was in the Council of Nice, as isleft
'unto us upon record. Solikewife£«/^pw,a pagan Philofo-
'pher, was chofen judge betwixt Origen and the Marcionites,
who were condemned by him. Is it not recorded, that the
Devils believe and tremble: fam.z. 1 9. they are qualified with
all our Virtuofo requires to be Religious, yet fure He will not
jay tbey are fo. Where is th3t exceedinggreat, and hyperbolical
grace of God, by which true converts are induced unto, and fix-
ed in the C hrifiian Religion? what needed the Apoftle to pray
for the Ephefians thus, 7hat the God of our Lord J-efus Chrift,
1.17,18 father of glory, might give unto thern the fptrtt of wtfdom
and revelation, in the knowledg of him, the eyes of their under-
Jlanding being enlightned, that they might knew what is the hope
of his calling, and what the riches of the glory of his inheritance
in the Saints,and what is the exceeding greatnef of his power to
us ward, who believe according to the working of his mighty
power. Why did he pray to God for any more, then that he
would make them good ©camntar-fdjolacs, and give them a
common app3d)mfion. ? In what language muft this promulgation
be made? In the vulgar Latine? If none but ordinary words
muft be the ingredients of our Religion and Symbols, what muft
become of the words Eftentia, Per [on a, Hypoftafis, the firft,fe~
cond, and fifth Articles of our Church , and the \^Athanafian
Creed.? what of/»/?;)? cation, mediator 5 imputed righteoufneft,
Grace, new birth , and regeneration , and many [uch words, that
have a place in our Confeftion? Muft we all turn Nicodemus\?
who muft be the judge of words ordinary, fome words bein®
o:tunat£ with the learned 5 which are not fo to the ignorant and
illiterate ? where is the Authority of the Church in contr overfies
*f
Of the Royal Society. 45
of faith, (avowed by our Church Artie, 20.) if a common appre*
fcenfion be that according to which controverts of faith muft
be decided? Should a man demand of our Virtuofo, according
to what is here laid down, what is the formal objeff of his faith,
or 1 vhy be believes the Proteflant religion here in England efta-
blifhed? I doubt the Anfwer would not be (atisfaftory, nor a-
greeabletoth z church of this Nation > which (hould be draped
thereupon. If Religion muft not be the [ubjeel of Difputations, we
muft receive it implicitely, we muft not try any thing,not in or-
dertoour holding itfaft, confider and difpute what is goos,
but what promulgates: fuch an Aflent is the reafonahle facriftce
which we muft offer up, and this that reafon of [our faith which
we muft be ready to give to all that ask us. Oh foohjh, and not
more generous Ber&zns, that durft controvert this Religion, and
fearched the Scriptures daily, to fee whether thofe things were [0,
which the firft miffionaries promulgated, and therefore believed,
becaufe thev found the truth of the doffrine confirmed by the ho-
ly writer s.hCt.iy-i 2,1^. Why did Chrift difpute with the Do-
fiors in the temple, both hearing them, and asking sjueftions?
why did he argue with the Sadduces about the refurretfien?
why did Paul difpute at Athens with the fews and devout per-
Tons, and fometimes in the fchool of Tyrannus? what mean
thofe argumentations in the word of God, by which the princi-
pal points of our Religion are evinced? Befides, if jFatfij be not
ablins affenfi if we muft hear and underftand, Math. 15. 10. if
we muft fearch the Scriptures, John 5; 3 p. if an underflanding
(JiaW) berequifite, that we may know him that is true, 1 John
5.20. If wemuft/4^ heedhowwe hear, Luc.8,iS. If we muft
prove all things , 1 Thef. 5.21. and try the fpirits whether they be
of God,1 lob. 4.1.If the very nature of faith befuch,thatitceafe
to be what it is if it be not difctsrfive, it not being an adherence
to principles [elf -evident, but an Affent grounded upon Divine Robert, txmm
p , *_ 1 . cxercit.i.de fide
. ^ , RevtlaUQUt [ c ietia,& opirt,
Artie. 16,
44 si Qenfure on the Hi[lory
Revelation , fo that it ncceffarily involves in it this Syllogifme,
Whatsoever Cod revealetb is true-,
But God hath revealed this^ot that-,
Ergo.
If this be true, how can it be faid, that Religion ought not to be
thefubjefi of'deputations, but by one who thinks th e owning
thereof to be needlef, and that/4/^ is but empty talk? If it be
certain, Chrifliani non nafcuntur, fed fiunt, if there be any fuch
thing as Confciencef which is a Sy/logifm,and defined Appltca•
tio generalts noiitijt ad particulars aCus) if there be any fuch
thing as ihofe practical argumentations , by which Believers
apply unto them (elves particularly the general promtfes of the
Gofpel: it is manifeft chit there muft be iDtfpuft g.
Whereas he fayes,thac Religion fhould not (land in need of
dtfputes-, me thinks ic is a refledion upon the Divine Provi-
dence, which fo ordered the condition of mankind, that dif-
putes are unavoidable , as Herefies are: who introduced Faith a-
mongft the intellectual Habits , and made ic an Afle»t,firme,cer-
tain, but deftitute of fcientifical evidence-, who made us but to
knovo in part, and to iee even that but as it were in a gl a (j'e • the
confequent of which mixture of light and (hade, knowledg and
ignorance, is dtfputatiou and fallibility. Alphonfo King of Por •
tugal profeffed, that if he h3d aftifted God Almighty at the
Creation, he could have amended the fabrick of the world: Our
Hifforian in this paftage inficuates almoft as much 5 had he
been amongft the fir ft Promulgators of Cbriftianity. I cannot
alfo conceive,but thac He condemnes all Sermons,Expofitions,
Homilies, Ceremonies, and all thofe rational contrivances by
which the church hath endeavoured gently to gain upon the
AffeCions and Opinions of men: in that he afl'erts, thac Keligton
(lioulo not tear.D in neeo of any Delates of men.
' Religion fhould in this be like the Temporal Laws oiall
Countries
of the Royall Society. 45
c Countries, towards the obeying of which there is no need of
c Syllogi[mes,ot Diflintftonss nothing elfe is neceflary but a
4 bare promulgation, a common apprehenfion, and fenfee-
4 nough to underftand the Grammatical meaning of ordinary
words.That there may be,8c have been in fomeCounfcicsTem-
poral Laws5 to the obeying which there is no need of Syllo-
gtfmes or Di(lintfions , I am ready to grant: but to fay it hath
< been fo in all Countries , is fuch an Aflertion as becomes not an
EngliJh-mM , nor one that underftands the Civil Law , or that
even of the Jews. No Lawts in a Government not Defpotick
ever were fo contrived to all circumflanees, that to the obeying
of them there would not need any Syllogifmes or Diftinttions.
In our Nation tis notorious^ nor is it fo facile a thing to derer-
mine what is included in the extent of a Law, what influence
the preamble and title have upon the fubfequent Att-, a Com-
mon Apprehenfion , and fenfe enough to under (land the Gramma-
tical meaning f/ortitnarp luojos will not carry a man through
without Cowel's Didionary . Spelman' s Gloflary, and many
other Law books, fo as to underftand the meaning of our Lawes:
and as to their being in force , how many Arguments are there
about that? when the obligation of th eLaw ceafeth. ? whether
difcontinuance , or the eeaftng of thofe motives which give be-
ing to a Statute, or the introducing of a contrary Law without
repealing the former exprefly , do abrogate any Statute? An in-
finite of C ontroverfies daily arifing, fliew that Syllogifmes and
Diftinciions are neceflary to our SDempojal flatus being under-
flood and executed. But perhaps our Virtuofo may propofe a
new regulation of Law , and Gofpell too: but till that be effected,
Iarafurehis i^ffertionisfalfe. But if the cafe in Temporal
Laws were fuch as tis reprefented,(3s it is not, but in Seignoral
c Monarchies) yet were there great reafon for men to be more
[olicitous
46 A £enfure on the Hiftory
felicitous about their Religion, or Spiritual Lawcs, than about
the Civil and Municipal. That scripture which fubjedts us
to the Civil Magi (Irate for confcicnce fake, Rom. 13. 5. bids us
fittt to feekthe Kingdom of Cod and his righteoufnefie: Math. 6,
33. and ratjjet to fear him that can kill the body and foul, than
him that can onely kill the Body. Matth. 10. 28. Luc. it. 4, 5",
Iftheperfonwhofe Majefly is offended b z greater, if the ptnaL
ties be more horrid upon the violation of the true Religion,
than upon tranfgreffion of the Civil and Municipal Laws 5 men
aretabeexcufed for being mo?e folicitous, inquifitive, and
difputatively fearching into the will of God, to fee what enter-
feres with, and what is conformable to the will of the Magi-
fir ate: where their Commands are repugnant, it is better to obey
God than Man. Adf 4.1 9. As much as God is above any ordi-
nance of man, and an Eflential underived Majesty above fecon-
dary and communicated power (1 Per.2.i3.)as much asth efoul
and its welfare is above the body, fo different ought to be our
concernes about thefe two obligations. For what is a man pro ft-
ed if he jhallgain the whole world, and loefe his own foul? or what
fhall a man give in exchange for his [ouft Matth. 1 6. 2 6- He that
a finner hath to do withffs a jealous God, and a confuming fre'.
It is afearfulthing to fall into the hands of the living Go^Heb.
3 0 .31 . He muft be wor(hippedin fpirit and in truth:f obn.4.23 >
24. Therefore a C hriflian muft (with Sy/logifmes,Distinctions,
Humility, and Prayer) foberly fearch into his heart, and exa-
mine that he erre not in the objeff of his Religion, or the man•
ner of his wor (hip and obedience, or in the frame of fpirit which
is requifite to them that worfhip th etrue God. He muft be fa-
tisfied about the lawfulnes of each aClion• a bare Imperial com-
mand, though p?omulgatcD> will not ingender in him a pious
plerophory, who knows that (uch Edicts have no direCi and im-
mediate influence upon the ccnfcience, that they are not in them.
felves
of the tfoyall Society. 47
(elves a (ufficicnt Rule of attion (for then the Command of an
earthly Sovereign werealwaiesto be obeyed atfively: and a
difobedience to the decrees of feroboam, Mariaf eh, and Nebu'
chadnezzar , were criminal) though we do fubmit our [elves to
every ordinance of man for the JioiDS fake, whether it be to
King as (upreme, or unto tnferiour Governours. 1 Peter 2.13.
Whofoever refifteth the power, reftfleth the ordinance of God: and
they that refi/ljha/lreceive to themfelves damnation. But this
hinders not a Chriftian from Dtfpuftng ptouflg the commands of
his Superiour , and paying him an obedience meerly paflive,
where he cannot aft without (inning againft God. NoC brt-
fiian was ever obliged to think every Decree of his fudg to be
jufi, or every penalty inflidted righteoujly : but fincea chri/li-
an'$ concern is not much in this world,either as to life ox goods,
fince his J,lay on Earth is but a deprival of greater and more (la-
ble happinef-, fince whatever any Humane Law can bereave
him of, a thou(and cafaalties may take from him? fince he is
forbid to fet his heart on things below, to turn the other cheek
being buffeted on the one,and to give up his coat after his cloak
is taken away from him; he is very indifferent in the tranfadli-
ons of this world, necf Cafiantts, ne.j, Nigriantss , He is of a
paffive temper, his Bye is ahvayes fixed on his Lord, that
compliance which he permits and enjoyns he readily payes, and
in other cafes patiently fubmits: but {fill conftders , (fill acls , or
[uffers out of a principle of faith and holynejfe, without which
it is impoftble to plea(e God, without which every performance
is ftnful- Hebr. 1 1.6. Rom.14.23, True Religion is not onely
directed to G^and the Father, but feeks an intereft in Chrijl
(pe(us, who pronounceth, I am the way, the truth, and the lifet
no man commeth unto the father but by me. Iohn 14.6* Through
him we have accefebyone (pirit unto the Father. Ephef. 2.18,
A general knowledg of a Deity will not fatisfie where a
man
A Cenftire on the Eliflory
manis not foUtcifous about further discoveries, or where accef-
(tonal improvements may be attained: we ought not to acqui-
efcein the/fr/? rudiments, notalvvayes to be Babes, andpur-
fue milk infteadof ftrongcr meat. laCm 7a««i<3y. Me-
ditate upon thefe things, give thy (elf voholly to them, that thy
^zobtitiQmay appear to all, i Tim. 4. 15. No more will a ge-
neral intention to ferve God content pirn, if his worfhip be not
celebrated in a right manner: Since the GofptR, tis impiety to
ferve him according to the Law, Galat. 4.9,10 ,11. or towor-
ih'p thztrueGoaby way of Images- Rom. 1.21, 22,23. A-
midft fuch nice,difficult, and perillous confederations who can
wonder, if SjDcn be more fcrupulous about Divine lhan Hu-
mane Laws, and the affive complyance therewith** who can
blame the fober difputers , who work out their falvation with
fear and tremblings who cannot reft in a bate promulgation,
who fear leaft fometimes the Grammatical meaning of ordu
nary words may not al wayes be the mind of God, who may ule
Greek words Helleniftically , or as Hebraifmst, and ufe the lan-
gu3ge of one Countrey with relation to the idioms, cuftoms,
fentiments of another .? who can conceive that the courfe of our
Hiftorian will produce in a cbriftian that Faith which muft
be &dp7*3)~, nKiiyteex*, Tmniiwni, Ot that tis fit-
ting for us to negleff and fltght all thofe means , which our Di-
JaVnft HnrtcK Dints have al wayes (agreeably to S. Auftin) inculcated for the
s.divif. i.pag. difcovery of the will of God in holy Scripture, the knowledge
whereof joyned with obedience conftitutes the licltgion of a
Ghrtftian.
But further: it is obfervable that our Virtuofo paffethin
this Paragraph ab hypotheft ad theftn , and having fpoken
before oi C hr ift i unity, he here fpeaks indefinitely, as if no Re-
ligion were to be the[ubjett of Difputations: which condemnes
the Original of the Gojpel, and the propagation of if where
45i4*.
V
of the "Royal Society~ 49
a different Religion is fctled : ft jujlifies the Turks &
Paynims (as well as for reign Papifis) in their fentiments,
though they be without Chrifi , aliens from the Cow-
monwealth of Ifrael , and fir angers from the Covenant of
prom if* , having no hope , without God in the world.
Ephef, 2. 12.
To conclude the Cenfure upon this place 3 I defire
our Hifiorian not to introduce Law-termes, & yet to
be fcrupulous about the Scholafich and Ifanfcendental
notions j fpag. 354.] nor to think Chrijlianity injured
by being carried into the Schools of our Divines any
more then of old into the Schools of the Prophets: the
Church and Schools are not oppofite , though difincl a-
mongft us: a Divine may be, and is found in holy
places, without doing unfeemly , much lefs apojlatifing:
'Tis his duty to he able to convince gainfayers , and the
Schools do but qualihe him for that work : Shew us how
the Divines of the Church of England have carryed
Religion captive, from the Church, into the Schools: Is
not the Word of God there the Rule , and formal oh]eft
of faith I Are the Scriptures forimmured up there, that
they are banifhed from their proper place ? However this
Objedb'on might be made againft the Papifls 3 who de-
prive the layity of the Scriptures , & binde their Church
to the Latine verfion , yet 'tis a Calumny to impute this
to the Church of England 5 and yet that feems touched
in this infinuation , if not only aimed at: for all that
difcourfeof our Vertuofo 3 is to fhew that the conftitu-
tion of the R. S. will not prejudice the ejlablijhed
Religion and Church of England. Shew me the de-
faults of our Liturgy, Articles, Homilies, Canons , where-
by it fhould appear that our Divines have very much
H corrupted
m
II
M
Hilarios de
Synodis adv.
Arianos
id- ibid.
50 A Cenf ure on the Hijlory
corrupted the fubfance of their oven knowledge : as yet I
as little believe it, as I do that the Jfraelites loft their
Religion with the Arke unto the Philifines , and that
Samuel and others, not Idolaters , had loft all Piety as
long as that difconrinued. I read how a Woman faid,
That the Glory of Ifrael wis departed ,. 1 Sam. 4. 21.
But I never heard that all their Religion was lojl at that
time, before now : nor do I underftand what connexion
there was betwixt the Arke and the Religion of the
IfraehteSy fo as that the abfence of the former , fhould
extinguifh the later.. Thc-y were religious before the
Arke was made; and there is not any ground in the
Text to imagine that Samuel loft all fenfe of Religion
during that Interval , but rather to the contrary: The
generality of the Ifraelites had been wicked and Idola-
trout) (erving Baalm and Afhtaroth after the deceafe of
jofhuah, Judg. 2. 11. 1 Sam. 7. 3, 4. but that they
did rather amend, than grow worfe durins their over-
throw, and the (even Months abfence of the Arke, ap-
pears by the Hijlory,. Befides, the Prophets and other
Ifraelites that were not Idolaters in Samaria , were de-
prived of the Arke, yet'tis manifeft they did not loofe
their Religion , 1 Kings I?. 18.
I lliall conclude this Animadverfon with one Note,
that the Arians long ago, to overthrow the Council of
Nice , and the Catholick faith, made ufe of this pretext
which our Firtuofo purfues here, and elfewhcre more
than once in the Hiflory. They defired that the uncouth
words of Homoufios, Hjpojlafis, &c. might be forborn, as
not to be found in Scripture, nor to be underftood :•
ENtant Homufion atque HomXufion, quia nufquam fcriptnm
fit. And becaufe die anfwer of S. Hilary will juftifie
the
of the 7\oyalSociety. 51
the Church of England in her Article .r, in her Liturgy,
and in her Scbolaflick controversies, I fhall fet that
down. 4 Oro vos ne ubi pax confcientU eft, ibi pugna
4 [Itfufpiciomm. Inane eft calumn'tam verbi pertimefcere:
£ ubi res ipfa , cujus verbum eft, non habeas difficult atem.
c Difplicet unquam in Synodo Nicena Homufion eife
r fufceptum ? Hoc ft cui difplicet neceffe eft pi aceat jyTal "
c quod ab Arianis eft negatum. St propter negau*
£ tium impietatem pia turn fuit intelligentia conftentium : qudm impie
4 qua?ro cur hodie convellatur, quod turn pi* fufceptum
'eft, quia impie negabaturl Si pie fufceptum eft, cut
* venit conjlitutio pietatis in crimen, quse impietatem
f pie per ea ipfa quibus impiabatur extinxit ? — Under
the Emperour Confantiw ., there was a Decree made,
that the word Homufios , and fuch other terms as fill
the Athanafian Creed, fhould be laid afidc and difufed,
as which with their novelty and difficulty , did very
much diftrad: and puzzle the Church : this the Arians
gained-, and it proved an infinite advantage to the
growth of that Herefie ; & the reftoring of thofe tran-
fcendental nations, & S cbolaflick termSy did refettle that
Peace in the Church , which could not be effeded by
the prohibiting of them, and acqaiefcing in the Gram-
matical meaning of plain mrds. 4 Nolo verba qua non .
4 fcripta funt dici.Hoc tandem rogo qmsEpifcopis jubeat? Hilarius «»-
4 & quis Apohlicd pr&dicationu vetet formam?Dic prius Conftan-
c r ^ \ 1 • • r ,Ti I r tIum ) am
it rede diet putas : Nolo adverlum nova venen a 9 novas vu& defim-
c medicamentoru comparationes, Nolo adverfum novos Sun -
4 hoftes nova bella. Nolo adverfum novas infidias con-
c Cilia, recentia. Si enim Ariani haeretici ideb idcirco
c oy hodie cvitant, quia prius negaverunt .* nonne
f tu hodie idcirco refugis, ut hi nunc quoque denegent ?
H 2 Novi-
«;2 A Cenfure on the Hiftory
c No vitates r vocum J fed prcpbanat dcvitari jubct Apofolus.
' Tu cur Puts cxcludis ? It is but too apparent, that
thofe in our daye r 9 who joyn with the Avians in decrying
new words , and fuch as are not in Scripture , who think
that Chrijtianity ought not to be confined to any Me-
•thodical Creeds or Articles , but be left in that latitude
of phrafe wherein the Scriptures have delivered it; 'tis
manifeft that they look with indifference on the things
fignificd by thole words and forms ; 'tis manifeft that
they make way for growing Atheifme and Sociniantfme •
'tis manifeft that they overthrow the Gpnjlitutions of the
Church of England^ who £ q Articles makcufeof thofe
figniftcant terms, tranfmitted from the Fathers to our
Schools 5 and fubvert the Balls of our Religion y as it is
reprefented in our Laws , to confift of an owning of
tfo?ee Creeds and four Council#, befides the Holy Scrip-
ture. Thus primo Elizabeths cap. r. The four General
Councils are mentioned after the S crip ture Canonical , and
that is to be adjudged Herefie, which hath been adjud3ed,
ordered, and determined, to tie fop tfoe 9Uitfoo?itp of tfoe
Canonical Scripture, o\ fop tfoe firft four General Cotmcils.
Cafaubon ^ Ime * s avcrr '^ kv King fames in his Letter.—
tefponf. a 'i Re.x & Ecclefia Anglicana, quatuor prima Concilia Oecti-
tard - Perron, menica quum admittant. ----- And that King challengeth.
the Title of Catholick as due to him , Qui tria Edeleft*
Symhola, Concilia quatuor 0 ecumenic a prima agnofceret.
This isievident to all that know any thing of our Church :
and 'tis as manifeft , and whofoever writes otherwife,
repugnes to our Laws, and whatever he/ ubferibes unto,
or profefjethy is no true Son of the Church eft ab lifted in
England.,
Hiftor.
of the Boy a I Society.
53
Hiftor. R t S. pag. 362.
1 The grounds whereon the Church of England pro-
1 ceeds, are different from thofe of the Separifls, and
4 alfo of the Church of Rome : and they are no other
' but the Rights of the Civil power j the imitation of the
c firft uncorrupt Churches, and the ^cripturfb ejpoiinDed
£ bp Iffeafon.
This Iaft claufe is fo far from being true, that 'tis
direffly contrary to the conflituiions of our Church, and
better becomes a Socinian from Poland or Amferdam,
then a Divine of our Church : not that I fay, that our
Church did ever expound the Scripture againft l&eafon,
but that our GEburcb did never relie upon lSeafoti, as it is
oppofed to autfodtp bf tfe ancient iFatffers in the de-
remaining of the fcotll of <£eb rebealeb in Scripture. If the
Hiftorian meant nothing elfe but that the actions of men
are alwayes rational, and that the afjent we yield to any
thing, is never fo blind and implicite as to he dejlitute of
all motives and inducements thereunto : fo that we refign
our felves up to Authority upon the fcore of Keafon r
If he meant no more then this, why doth he fpeak in
the language rather of a Socinian than a Prole ft ant I This
expreflion is dangerous as it is worded, becaufe the Soc:-
nians may derive advantage from it, and the Orthodox
may think and find them (elves injured (efpecially in
thcfe times, when the Socinians multiply upon us) by it
amongft the untoarp: as if there were no ufe of the
Fathers , but that we were (without refearching of An-
tiquity) ro confult the grounds of Reafon, fuch as are
commonly found in men, and bred in them either
Naturally,
<>4 A Cenjure on the Hijlory
Naturally , or from the contemplation of the ordinary
courfe of things Phyftcal and Moral in this World.
Whence what confufion will arife, when all holy So-
hiety is caft of, any man knows who hath but inquired
into the controverfies of thefe laft Centuries , when the
Scripture hath not been made by men the Rule of
Faith , or formal ohjett thereof , but only accommoda-
ted to the phanfies and imaginations of prejudicate &
prepojjejjed men. Upon this account the Church of
England hath by her Canon , in which fhe follows the
Council in Trullo, tied her DoFtors as much as the
Council of Trent does, to expound Scriptures according
to the fenfe of the Ancient Fathers: This Bifhop Taylor
avows in the Introdu&ion to his fecond Difjuafive:
This Do&or Heylyn in his Cyprianus Anglicw (pag. 52.)
doth aver: and I (hall here let down the Canon of our
Church.
Concilium Trullanum (five Synodiis quini-
fexta^ Canon. 19. edit, per Francijc.
JoDerium Parifiis, X D. 1555.
Quod oportet.eos, qui praefunt Ecclefiis, in omni-
bus quidem diebus, fed prsecipue Dominicis, omnem
Clerum & populum docere pietatis ac re£tee religionis
eloquia, ex divina Scriptura colligentes intelligentias,
8c judicia veritatis, & non tranfgredientes jam pofitos
terminos, vel divinorum patrum traditionem. Sed & fi
ad Scripturam pertinens controverfia aliqua excitata fu-
crit, ne earn aliter interpretentur, quam quomodo Ec-
clefise luminaria & do&ores ex fuis fcriptis expofue-
runt:
of the Royal Society. 55
runt: & majorem cx iis laudcm afiequantur, quam fi
qua: a fe dicuntur componant.
Liber Canonum quorundam LonJini 1571.
Condon atom.
Inprimis vero videbunt, nequid unquam doceant
pro concione, quod a populo rcligiofe teneri, & crcdi ^
velint, nifi quod confentaneum fit do&rina: veteris aut
novi Teftamenti, quodque ex ilia ipfd do&rina Catho-
lici Patres, & veteres Epifcopi collegerint.
Thus K,Charles I. in his third Paper to Mr .Henderfon. In the fifth*
c If the practice of tbe jp?imitibe Cfjurcfj? and the tiniberfal M a P j C e r ay IS f ays
c confent of tbe dFatfterff, be not a convincing Argument, aifo,thatthe
c when the 3Jnterp?etation of Scripture is doubtful , I
c know nothing : for if this be not, then of neceffity Fathers, and
( the interpretation of private fpirits mud be admitted, 'he umverfal ^
{ the which contradi&s S. Peter , (2 Pet. r. 20.) Is the primitive "*
c Mother of all Se&s, and will (if not prevented) bring church, is the
t thefe Kingdoms int-o confufions. mthTmiZi
interpreter of
Hlftor. R.S.pag. 414,415. c " w -
c The ssiit that may be borrowed from the u$iMe is
c magnificent, and as all other Treafures of Knowledge
( it contains, inexhaufible. This may be ufed and al-
c lowed toitfiout anp Danger of Jp?ofanenef£. The ancient
e Heathens did the fame; They made their Divine Ce-
c remonies, the chief fubje£t of their phanfies : By that
c means their Religions had a more awful! impreffion ,
5 became more popular, and lafted longer in force than
f elfe
5 6 A Cenjure on the Hiflory
c elfethcy would have done. And why may not Chri-
c (IUnitj admit the fame tinner, if it be pradlifed with
f fo^gtctp and reference ? What irreltgion can there be
c in applying fome Scripture - expreJSions to Naturall
c things I Why are not the one rather exalted and puri~
c fed, then the other defiled by fuch applications ? The
c very Enthufafs themfelves, who are wont to flart at
c fuch wit as Atheistical, are more guilty of itsexcejjes
42 f then any other fort of Men •• for whatever they alledge
c o it of the Hiforical, Prophetical , or Evangelical wri-
c tings, and apply it to themfelves , their Enemies , or
c their Country, though they call it the mind of God, yet
f it is nothing elfe but Scripture-comparifon and fimilitude.
It is to be obferved that this paffage is inferted into
a difcourfe concerning Wit, as itdifcovers it felfe in the
ordinary converfatiw and writings of the Railleurs , and is
Pag. 413. founded on certaine images (as our Hiforian phrafeth it)
which are generally known, and are able to bring a frong
and a fenfble imprejjion on the mind. It is an Humour that
hath generally poffefTed the Gallantilloes of this age,
whereby they endeavour to recommend themfelves as
agreeable company to the empty or lefje ferious part of man-
kind upon all occaflons: 'tis no other humour then the
Romans put upon their Slaves, when the graver perfons
had a mind at Banquets, and other divertifements, to
relaxe & entertain themfelves with Pantomimes: 'tis the
Bujjone of Ben. Johnfon turned into si Gentleman-, and
thus what thefe men cannot make out in J olid or learned
difcourfes, they fupply with Comical SQiit, and prove
or refute every thing by fmiliiudes, and turn the mod
• ferious and pious things into ridicule. Commonly fuch
enter-
of the Toy a I Society. 57
entertainments are compofed of what is irreligious, and
Atheiflical , or obfeene ; but though our Hitforian defign
not the encouragement of that humour , yet it feems
too much for a Divine to give any countenance to thofe
at beft but Idle words , efpecially where the Sacred
word of God is the fubjedi to be alluded unto. A greater
veneration would become a Miniffer of Gods word, and
one who is concluded by what is expedient, what is of
good report, for the honour of God, and without fcandalox.
offenfe, not only of the flronger Chrifiians, butfometimes
of the weaker fort, and not onely by what is in its felfe
latoftil. The Papifls in the Council of Trent, as little
as that party regard fometimes the Scripture, antece-
dently unto that Decree, did make a fevere Canon againft
that irreverent ufe of holy language : nor are the J ews lefs
fevere in theirfentiments (though they frequently pra&ife
the contrary) as the learned and reverend Dr. P ocock
informs me. I profefs, to wonder why a man fhould
apprehend the indignation of God, when his Name is
taken in vain, and yet can think he fhould be guiltlef]e,
when his OTOJ0 is vainly made ufe of, or prophanea. I
find not this qualification of a fober and reverentRailleur,
amongfl the requifitcs of a Churchman in Saint Pauls in-
f!ru6hons to Timothy : and this magnificent, this inex-
haufiible treafure of Wit is no part of thofe ufeful difco-
veries wherewith tire Apoflle acquaints his Difciple.
From a Child thou haf known the holy S criptures, which are
able to make thee wife unto falvation through faith which is in
Jefus Ch riff. All Scripture is given by infpiration of God,
and is profitable for doctrine, for reproof, for correction, for
inffruSion in righteoufnefs • That the man of God maybe
per fed, throughly furnifoed unto all good works f 2 Tim. 3.
I 15,1(5'.
58 A Cenfure on the Hijlery
15, i£, 17. But this is a Pofl-nate difcovery, not pra-
ftifed in the primitive times y however our Wtrtuofo Cay
that this delightful wit hath in all time been railed from
Fag. 314. the Bible, as well as other fubje&s. It is true that there
were by the holy Writers and Fathers frequent ufes made
of the Tropological Sc Analogical fenfe of the [acred Scri-
ptmre, in theif pious advertifementt and Sermons : Of this
nature are thofe alluftons or in S. Matthew, viz.
Out of Egypt have I called m) Son , and In Ramah was a
voice heard, Rachel weeping for her children, See. both
which (as many other paffages) were rather accommo-
dated unto Chnfl in this manner, then intended at firfto/
Dan. Heinfii him , as Heinfius obferves. In imitation of thofe primi-
* X M C d" cr ' tt/ve ^vtkors, and the Fathers all along, many fince may
m a .c.2. ^ ave u f cc j f omct hnes, by way of illustration, the Scrip-
twre in the like fenfes, but always where at lead their
neral intendments were to ferve God , or advance Piety,
by inftruBion, reproof, Sec. which procedure , if dit-
creetly done, and in order to edification J is not to be con-
demned, or termed holy Raillery , or the like, by a Son
of the Church of England : (though the way be not ar-
gumentalive, 'tis pious), and where a parity of reafon ju-
ftifieth the application of threats or promifes made to one
fort of men, unto others in rcfemkling circumftances ,whe-
ther it be out of Hiftorical, Prophetical , or Evangelical
writings, tis fortiething more (if I underftand any thing)
fchen Scripture-companfon and pmilitude.
As for the ancient Heathens, what they did is not very
material to this purpofe , bccaufe they had no facred Writ,
penned by Divine infpiration,at lea ft not what they reve-
renced equally to what the Jews and Chriftians do (or
ought to do) the Bible: if they had had it, 'tis probable
they
of the T{oyal Society. 59
they would not have appiyed it to )eafing 3 or allowed
the ufe of it in their Fefcennines 5 & FabuU Atellan* 3 or
the like : 'Tis well known bow they kept the Sibylline
Oracles, and with what -veneration they confulted them.
And though foine of their Pontifical words are ufed by
their Poets, and other Writers , though the Ceremonies
of their Religion, and their Gods, have been the fubjeHs
fometimes of their pbanfies , yet how difadvantageous
this proved to their Religion , (introducing it into con-
tempt amongft thcmfelves) and what advantages the firfi
Christians drew therefrom to inodiate or ' vilify it , ap-
pears from the writings of Clemens Alexandrinus, Ter-
tullian j LaFiantius, Arnobius , &c. And how cautious they
were againft thefe exorbitant Railleurs, we may learne
from thefe inftances.
Sam.Tetitus in leges Jtticas, pag. if.
4 Siquis arcanas myferia Cereris facra vulgaffet, lege
i morti addicebatur.
' Tov tcl Ti&va'vcu.
c Qui Myfteria vulgaris capite luat. Meminit hujus Ie-
c gis Sopater in Diviliom Qrxftionis, nofque ex eo de-
fcripfimus, t i^etThtrara aliunde nam-
4 que conftat nobis Capitale Athents fuiiTe vulgare hsc
f initia: ea quippe de caufa profcriptus fuit ab Atheni-
4 enfibus Diagoras Melius y ac pfopofitum talentum
4 unum ci, qui Diagoram interfeciffetjduo, qui vivum
4 adduxifT-1. Interpres Comici ad Aves, & ex eoSuidas.
' Aiaygjcf 0 aoigvfjav awn 'AS-inwei, iy cy jjaXxH faJiH
* Hmxteira/h, Tahadoi nJ <fs ayrfo. ti TVTt
' T3 a'vn- foei <rsi (av$iiyta iraat mu>VQI»y avra., Xf
I 2 t**l
60 A Ccnfure on the Htjlory
t t * i putiS^ ibnt'iTrm . Etiam JEfchyhu in vita difcrimen venir,
* cum in Tragstdiis nonnulla, qua haec initia fpeftabant, evulgafie ere-
« deretur. Clemens Alexandrinm Stromat. 2. 'cis Mupis««
* 'fin sk »vyi i^ettray, ot 'Apein trttym ktus afei-3-n, 'tfnt ts'^&s a'utsv /atj
1 //I Eujlathim in cap.i. lib.3. Ethic. Nicomach. Aoxei Ai%u\os
' Aiyetr /Aip?in.d, Vila, tv t£ t«: K) 'Itpduu:, x) c » Swtipa risTg^xi/-
* \£r», ylj it 'liptytvtid,. °E t ft i-a-roif raar «%£ Ait/xii^S ^ Aeyat ? y.urty.u7tpu t
' tSexipyTiyv «V t £3 j 'Joixf \£y« <t£ 'ofet 'Ai%u\x 'H&cx.heiJ)is 0 Tlovlixos
' 7&f -xpoita nfei 'Ofxipx, as ju»cA/Vsi/av1(£3ri tivai^sS-mta '0^1 tsJ t Mwn-
c Xfflf Tiva ?rgfiptpeti JS xhi, « /«» 7rgjo<<S>o / «£t'©-' xxT£pu>£» SJh £ vv Aiovt/js
c jSa>/x3» , 'ApttoirzytTus xvrar Traf&trxstt/uiruv, us bpeiKorl* Hosd-riyM srgur ot.
c Itaque fiquod judicium de rebus quse ad haec Myfte-
c ria rcferrentur eftet reddendum, cancellis fori arce-
e bantur, ne judicio intereffent, qui non clfent Epopu.
It may not be amifs, as to the Papijt in this place
to fhew how tender they are in this cafe of applying the
holy Scripture unto Raillery , and accommodating the
exprejiions thereof to flattery, j eajiinp, &c. by relating
this Decree of the fitft Provincial Council in Milaine
einder Cardinal Borromeo in 15^5.
De abutentibus Sacra Scriptura.,
Nefaria eft eorum temeritas , qui facr<e Scripture ver~
his vel fententiis ad joa-im, ojhntationem, contumeliam, fu-
perftitionem, impietatem, autad quofvis profanos fenfm
ahutuntur. Quamobrem Epifcopi in bos qui in hoc ge-
nere deliquerint, ex facrorum Canonum, & Tridentini
Concilii decretis graviter animadvertant. Et ut detefia.
hilts h<tc licentia prorfus tollatur, fidelem populum per
concionatores, parochos, confeifores de hujus peccati gra~
vitrtc frequenter aduionendum. curabunt.
Concii.
of the Boy a I Society. 6 1
Condi. Trident. Self. 4.
SdCYof.wtta Spodus temeritarcm illam, reprimcre
volens, qua ad prop bar; a quaque convertantur & torquen-
tur 'verba & fententU facr<e Scripture, ad fcurrilia fcilicer,
fabulofa, nana,, adulattone.a, aetrakfiones, fuperftitioncs
impias, &c diabolicas incantationcs, divinationcs, fortes,
liheilos etiam/d/«o/of,mandat & praxipirad tollendam hu-
jufmodi irreverentiam & contemptum , ne de cartero quif-
quam quomodolibet •verba facta Scriptural ad hcec aut
jimilia audeat ufurpare, ut omnes ejus generis homines,
temeratores & violatores verbi Dei, juris & arbitrii pa?nis
per Epifcopos coerceantur.
What there is amongft the ancient Canons, what in If I have in
the Fathers prohibiting this ujage, I do not now rem em- c£ e
ber after fo great a difcontinuance of thofe (ladies ; but vil, faid,that
that Dionjfus Areopagita ( or whofbever Writ thofe the f < " i0 ". was
works) is as fevere in fpme places, as it he had con- C h is cafe,"'tis
tinued the Court amongft Chriftians , and that the mjfler) amiftake 1
of Chrifiian Godlinef were as much to be reverenced as s*
the Eleitfink Sacra , this I amfure of. Whether there
beany prohibition amongft the rules of our Church, a >' av *
know not: perhaps ir may be in this cafe the Church
ofEnglaMi sfilent- and with as much of Prudence as
that State was, which made no law againfl P'arricides •
being not willing to think any humane creature capable
of fuch barbarity or by inhibition , to put them in mind
of fuch an horrid fad. But ftneethe Faille urs have met
at laft with an Advocate, who teacbetb them that they
may boldly take the facred Word of God into their mouths,
though they hate to be .reformed $ and that'they may' in-
wr
62 A Cenfure on the Hijlory y
nocently apply it to their civil entertainments & difcourfes,
though it be notorious that it is a vain talking , neither for
the glory of God , nor edification, nor decency, nor without
great Jcandal (and yet the precaution of the latter j and
m fpeaV a con ftant regard to the former, is an indifpenfable Com-
thou the thing) mand, and at all times obligatory) though it be manifefl,
that become t p a!; vvhofoever ufeth the utmofi extent of his Liberty, ap-
jound. doctrine , , ' • r r c n- 1 ' 1-
Tic. 2. 1. proacheth very near to a vttioujnejs or acting ; that this
Ho/y Raillery hath given occafion to prophane Bur-
and that 'tis the /«£]>£ matter, not bwA which
hallow a converfation. (Oh ! that any Divine fhould be
ignorant of this I or expebl a contrary i/Jue J) It is time
that publick Authority interpofe ., and that our Church
concern her felf j Teeing that our concern for the f acred-
nefs of Scripture ought to be much greater in point of
Prudence , then that of the Papifls, with whom the
Canonical E£ooho are but a part of Sacred Tradition ,
and no further a Rule of Faith and Authenticate , then
their Church delivereth and expoundeth them , (fo that if
the repute thereof were extinguifhed 3 yet would not their
Church fall) we have no foundation but the 3po01ec and
l^ophets ; upon this toe are built , this is our hope 3 in
this we doubt not to find Eternal Life. And how this
foundation will be tapped and undermined by the project
of our Virtuofo , I do fubmit unto the ferious confidera-
tion of the Church of England,
If any one would underftand., what is particularly
meant by this application of Sacred Writ, to vulgar dii-
courfe, and the manner of this Holy Raillery deduced
from Scripture: let him read Mr. Cowley's Poems, efpe-
daily his MifireJJe ; fuch as this, where he detefts long
life without enjoying his Miftrefs.
The
III
of the Royal Society,
63
* * *
>
Tti old Patriarchs age, and not their hapinefs too.
Why does hard fate to us rejiore ?
Why does Lome's fre thus to Mankjnd renew,
What the Flood wajh'd away before I
* * *
Refolv'd to be Beloved.
Thou Jhalt my Canaan be, the fatal foyle,
That ends my wandrings and my toyle :
Tie fettle there, and happy grow,
The Country does with milk and hon y flow.
•* * *
The Welcome.
Go, let the fatted Calf be kjll d •
My Prodigal'j come home at laji 5
With noble resolutions filfd,
And fll'd with Jorrow for the pafi,
No more will burn with Love or Wine ;
T>ut quite has left his Women and his Swine.
Wi
My
A Censure on the History
My Fate.
file, mine example let the Stoicks vfe,
Their fad and cruel dpclrWe to maintain 3
Let nil Praedeftinators' me produce,
Who firugvle with eternal bonds in "Vain.
This Fire Im horn to 3 hut tis jhe mull tell }
Whether t he the Beams of Heaven^ or Flames of
(Hell.
Thefe and fuch likelnftances, as they frequently oc-
curre in thofe Poem , fo thev are to be allowed by
our Virtuoso lor a Treafiir) ol magnificent fober innocent
Wit: for when Mr. Cowl) died, he defired him to re-
vife his Works, and to blot out whatever might feem the
leaf offence to Religion or good manners.
CONSIDERATIONS
UPON A
ENTITULED THE
SPEECH
Of the L A T E
Lord Ruffel
TO THE
SHERIFFS:
together.
With the T JT delivered by
Him to Them , at the Place of Execution, on fucj
21. 16$3.
L Q'ND 0 :V,
Printed by T* 2. for Joanna Broma
at the Gun ia St. T& Gniuch-yard.
"MDCLXXX. III,
To the READER.
r-T T is better to Obey God, then Man] fays the Text.
Clt is better to Obey the Devil then God3 fays
the Comment. And are not thofe People now in a
Happy State, d'ye think, that know not One Step of
the Way to Heaven Themfelves > and have f.ich Inter pro-
ters fof their Guides ? Cijt# is the ^tU0 of God-
linefs that Denies the of it; And tCiwS the Prin-
ciple that, wherever it takes Root, loofens the Foundati-
ons of Civil Government, and Obedience; And makes
way for the Ere&iftg of a. Kingdom of Darknefs upon
Thofe Ruines. There's a Great Deal in That fame Old
Adage; f Where God has his Church, The Devil has
his Chappel; 3 for Religion is as well the Pretence of the
Wor & of Men, as it is the Duty, and Bufinefs of the
Beft. Where Satan cannot prevail for Idolatry, he I con-
tent himfelfwith Herefy, and Schifm ; And with the dalh-
ing of One Altar againfi Another. Where he cannot (j~
ver throw the very G round of our Faith, h'l Compound for
Liberty of Confcience$ And (ome Plaufiblc ways p/Dif-
guifing it. Next to thefettlfsg up of a Fa He <£>0t), is the
Begetting a falfe Opinion of the One; Which is
almoft an Equivalent; Onely the One's a Material; And
the Other's a Notional Idol: The One's the work of our
And the Other of our ^nT&Stn&ttOtU At this
rate, it is, that toe Confound Realities, and Appearan-
ces; Fancy, and Confidence.
This may look perhaps as if J Were quite Running away,
both from my Reader, and from my Bufinefs : But I am,
in truth, upon the very Point of my Subject. What was
it that Ruin'd that Vnhappy Lord, (J Vhoft Cafe is the Ar-
gument of this Paper', Andwhofe Unhappy Fate, I Lament
"from my Soul) but the being Bigotted into This Princi-
A 2 pie ?
To the Reader.
pie ? And what Kingdom, or Government, where it Of>-
tains, is able to Jland againft it ? If Lucifer himfelf were
let Loofe, he would Preach upon That Scripture of Mat.
10. 28. And Pervert the Text. This DoStrine of Rc-
fi ft a nee in cafe ^/Religion, is the Source*?/ all our Feares,
and Jealoufies, Seditions and Confpiracies; Men-that are
Drunk, will Sleep t hew fives Sober again. We have
Bedlams for Lunaticks. Gibbets, Pillories, Whipping-
Pofts, and Jayles for Common Criminals: But there's
No Difcipline, No Cur t.for. Enthufiafts. Is Religion
at Stake? Bring in La Bill againft the Duke of 'York to
difable him from Inheriting the Imperial Crown J Is
Popery the Quef ion? Come to a Refolution Immediately,
LThat if hisMajefty fhall come by any Violent Death,
(No matter who kills him) it fhall be Reveng'd upon the
Papifts.3 hs there a 0Optfl) ^lOtt ^ Mis but the Bricoling
of a True Proteftant Affociation , that upon the Falfe
Bound fhall Play upon the Government. And then we
are to Conftdtr again, that This Propofition is not only
an Incentive to a Rebellion, and a juftification of it •
but it makes the ConCCailUCttt of the CcmfpitratQJtg as
much a Point of Confidence, as the tILtCtifQtt It fclf. And
how Ridiculous then is the Pretence of Defending that by
tfozce, which no tfojee can reach i I never\heard of any
mans Religion^* that was taken away upon the Pad.
Vpon This Maxim is Grounded all that is Mifchievous,
or Dangerous, m the Subject of Thefe Confiderations;
And I have done what I thought my Duty to Do in the
Expofing of it. Thefe Papers had come out fooner, but
that I was Trick'd into a Delay : But Julian isin thebot-
tomon't ; And I'le forgive any man that ftands up for
his
5
I
CONSIDERATIONS
UPON A
ENTITULED THE
ECH
Of the LATE
Lord RulTel
To the SHERIFFS, &c.
J cv
Have no^Jfet Pen to Paper upon this Sui> \
je<5t, without firft confulting all the
Points of Decency and Duty, which I.
thought might properly fall within the
Limits of this Difcourfe : As the Honour
of a Noble Family; the Quality and Misfortune^
of an Eminent Perfon, together with matter of
common Refgedt to Truth , JuJtice , Cbrijlian Cba-
rayjCandor^nd GoodManners: Having no other end
in
6 Confiderations upon
in thefe confiderations, then to do a Fair and "Hi-
ceffary Tjght to the Government , within that Com-
pafs call it a Tight to the Government , beeaufe
there is not one found Tart in the whole 'Body of it,
from Head to Foot ; if this Paper may be Crcdi-
ted : And as the bufinefs has been Managed and
Improved, [CfiC Cf 3>tl tTOCetTt 2S10U& agatnft
£Dpp?efft04I ant) SnjwSweJ would have been a
Title much more Suitable to the Air and Drift of
it, then that which it now bears. It carries the
Face indeed of the Teflimony of a Dying Han : But
yet if a Body confiders either the Style, the Scope,
the Declarative , or the Cmifeffing Tart of it, there's
nothing lefs in't: Not lo much as one Period ,
without a Starting-hole , where there lyes any ftrcfs
upon the Truth , either of the Intention , or oi the
FaH in Quefion : Now for this Vein to run quite
through it in a Confiant Courfe of Tfgfer,Hjfttry .and
Difguife , there needs no more to Prove , that it
was Qefigncd for an Amujemcnt: for ne-
ver come by CijatTCfc '■> lb that the Artifice is not
wholly to be Heglehled-, and yet I fball not lay
more height upon t than the Thing will hear.
The 1 ivo Points in Conjideration are die &&pzt
and the Now fome will have it, that
though che^peeclj was certainly myLord 1%u'jfels,
there may be fome doubt yet concerning the
l&gKZX shat went along with it. Ari& this Conje-
£ture
a PrintccLflieet, <'?c. 7
&urc they ground upon the Ambiguities that Oc-
cur, both in the Title, and in the Speech it Self, >
which they Reafon upon, alter this manner. The
Cttle, they fay, tells us barely of the
of it by my Lord Qtyjfel: And then in the
there is not One Sellable more,concerning the 'Pa*
per fo Deliver'd than Tbefe Numerical Words £ Mr.
Sheriff, I have Jet dotrn in Tins Paper all that 1 think fit
to leave behind me.] My Lord does not firft pead
This Paper to the Sheriff , and then Ov>n it. My
Lord does not fay [Mr. Sheriff j The Contents of This
Paper are True,in theVohole, and in every part oj it, So (
Help rm God.'] My Lord does not fay,- [Mr. She-
r >fi, I do here deliver this Paper to you upon my Death,
as the Truth, and the Full Truth of my Cafe.] But my
Lord (ays,£ 1 have ttOtytf in This Pdper.^which
fcoYDtl imports no more than the fimple
Uniting of it: And fo goes forward [All that 1
fit to leave behind me ] which might have -
been as well (aid, in this Cafe, if the Paper had
been an A hi of Parliament, inftead of the Lafl AH
of a Dying Man. And what's the meaning again of r
All that 1 think •Pt~] in This Place Thefe Words
dv a Scotch Figure, may fignifie, as the Reader ,
pleafes; cither Any Thing, or ju(l Nothing at All %
But however at a venture, a Man may conclude
that there is fomething <gJ£oje Y eC > which he does
Not think fit to fet doVm j And That, for ought any
Body
1'; 1,
8 Confederations upon
Body knows,may be All that is "5C0O3tt fitting dofbn;
Or(Which is the fame thing) All that the Reader
will find in This Taper. And then, why
C^eabe we? j (Ley lay)unlefs in the Literal
Senfe, That I do not Carry it iwh me ; for there's no
Al teration, AnneTd to't; No Solemnity of Achtow-
lodgment or T rote flat ion to Accompany the Delivery
of it; no Circumjtance tomake it a Memorial of a-
ny thing more than the Transferring of the Ta-
per out of One hand into Another ; inlomuch, that
the matter lies at Fafl or Loofe , whether this <Pa-
per fihall be Reputed my Lords AH or no.
My Anfwer is, that this Paper was gotten
| by my Lord^ubftnfceD by m y Lord;
efo by my Lord; and that by thele Vifihk Solcm-
nities it became My Lords Aft.
It was Manifeftly My Lords 3|tTttUttOU that it
fliould be Cakett for His AH ; And it is but Com-
mon Juflice to allotv and to underfland it fo to be. It
has been likewife Titbit fled and made ufe of by
lome of my Lords neareft Re^ations^JS my Lords
AH) and with Infinite Zeal for his Lordfhips Ad-
•vantage and Behoof. Now after all thefe Authorita-
the and TunHual Formalities of Proceeding, there
is not any Man that has a Tenderncfs for the Me-
mory of That Unhappy T.erfon , but would rather
Entitle him to thisPaper,(how ill contriv'd foever)
charge him, on the other hand, with double-
.
|p|i
m
i|!l dealt,
a Printed-fheet, &c. i %
haling and menial Tigfcreations at his Laft Flour ; As
it his dying Thoughts had been only taken up with
Studying how to lead People into the dark; and to
amufe the World with a fiddle, newr to be unfol-
ded, after the Clofing of his Lordfhips Eyes, till
the ,Day of Judgment. But let every Man take it
which way he plea (es,-it comes,in my Opinion, to
the fame Iffue at lad; That is to fay, Take the
Speech and the Paper , Copter ? w take them
apart, 'tis much at one.
[J}od knoll s (fays the Speech) how far I tvas al-
ways from Defgns againjl the F\ingsPerJon } or of A-
tertm the Government.1
This PafTage now according to the iincerity of
Popular VIfage and CotiHruclion is as much as to fay,
fGod knows it, I tras ever againsl theje "fyaysf] But
then-if a Man looks at it through a pair of fcfor-
mation-Speoiaclesf tis a meer deceptie Yfis ; and there
is nothing at all to be leen j for a body may be up
to the Ears in a D ejtgn , and yet Gry out with a
Jafe ConjcienccfGod knows how farl am againjl itf\ But
there follows another Claufe that fcems to come
clofera great {leal, i. e.
fin the Words of a- Dying Man , I Prcfejs I know
of noPht, cither againjl the Kings Life, or the Go-
vernment. I
Thefe Words, in plain, honejl Englifh ought to
pafs for Current, and as good as Sterling betwixt
B Man
i o Confederations ufon
Man and Man; but he that reads them with a
Kirk-Comment, will put them to All Touches and
Tefts , if he be wife, before he Receiver them. Q I
$efoer W& 0 f an y would have been much
Fuller and much Homer to the IndiHment, than f I;
fcttOty of no P lotfj For the neck of it is now bro a
ken ; and it is no longer in 'Being, And then in
the Bgfiraining of that Difclaimer, to the Kings
life ? or the dBtoftetttment; There's a Salvo left
yet for the Seizing of the and for the
gmpnfomng, ^epcfttlg, or doing any otfjer Indig-
nity to the Kyng, ftiort of-his %ift- And All This
without any Ctyflttgg of Government too for the
Monarchy is the Same, ilill, though the Crown per-
haps may be Tranflated from One Head to Another.
Thus we fee, Every Line's a Snare : But I can ne-
ver believe,that my Lord lpake Thefe Words with
the Intention of him that Perm'd them , but ra-
ther that Unhappily he took the Paper by Content,
and without much Examining, either the Stamp,ox
the Mettle, pay'd it out again as he Bgceivd it. In
One word, Some hod, elje P repar d t le P oyfon, Put it
into my Lords hand for a Cordial, and his Lordfhip
Delivered it over to the People : Not but that up-
on the main of my Lords Tryal, Sentence and Exc-
cution, as the Striclnefs of the Method was Alfolute-
I) Necejfary, fo the P rocejs was managed with all
poihble BpfpeCt .and JnJlice,
a Printed-fbeet, &c. 11
We come now to the Paper it Self , which in
feveral Places looks liker the Char after of a P rim*
the Chriftian Exposed to the Lyons in a R oman The-
aire ; or That of an Unfortunate Heroe in the Field,
than the Figure of a Perfon under the double Cala*
mity of Inch a Caufe and fuch a Sentence.
[_1 reckon This as the Happieft Time of my Life, tho
Others may look upon it as the faddeflL]
Can any Man living that has Flefh and Blood
about him, undevftand This Hyperbole according
to the efpecially under the Circumftan-
ces of fuch Mortal Mi slakes and miferable lUufions >
What could a Martyr at the Stake , under, a Guard
of Angels have laid Greater than Lhis I And here's
The Arrola drawn to the Head again*
[The Importunity of my Friends, and particularly of
the best and dear eft Wife in the "World , prey ailed with
me to fign Petitions, and make an Addrefs for my
Life ; To which I was yery Averfe •, For (I thank God)
though in all Befpefts 1 ha"ve liyed One of the Happieft,
and Contentedjl Mrw of the World , (for nolo yery mar
Four tun Years) yet f am fo "trilling to leale all, that it
was not without Difficulty that I did any Tiling for the
Saying of my Life ; that loas
How ftrangely has the Author of This Para-
graph miftaken his Proportions J To draw the Cha-
rafter oh a Seraphical, (Rgfgning Chriftian from the
Copy of a Stwnackfid, huffng Cay alter, and to talk of
B 2 the
I
rajim ip
13 Confederations upon
the La ft Left of a Vying Mans %ehgion and Trcfef*
fion,as if there were no more in't than a vain 'Tun -
Hilio; upon a point of Honour in a Sword man . Is
it become a Shame for a Delinquent to Acknowledg
his Fault ? For a Condemn d Terjon to Pray for a flop
to the Execution oFjuftice ? For a Subject that by his
own Confeffion has done amifs, to beg Tar don ol his
SoVeraigiP How long has it been a point of cither
DraVerjq or Conjcicnce , for a man to be lo EilZViZ
to the Saving of his Fife, astooppofe th Q ohly rro-
per and pofjible (nay the Lawful and Honourable)
means of preferving it A Petition in H is Cafe, is fb
far, methinks, from Needing, either a Second vy
Motive to the Inducing of it, or an Excufe for the
doinz of it, That,without being wanting to Him-
ffl his' .Family , and his Friends , I can rot lee how
he could have DecHn 'ddt. My Lords Signing of
the Whole, has made him become Anfterabit for
every Part : But thefe High Flights were "Undoub-
tedly the Strokes of Pen, that took more
Care to Advance and Support the Credit of a Faction
than to.keep within the Bounds of Sobriety and
Decorum , in refpedt of his Lordfhips State and
Condition. There are feveral Dallies befides too
that fecm to be Inflmic d.by the fatitfc ; and
■Written arid P ublifh'd with the lame Defign ; and
with no more -Regard neither, to the Cafe of the
I* erf on, or to the Pretence of the Paper. ■
1
a FrintecUfheet, &c.
1 6
f i urifh with all my Soul (Uys thePapsrJ All ourUn-
happy Differences ivere Removed j and that All fiacere
Proteflants would jo jar Conjider the Danger of Pope-
l-y as to lay afide their Heats, and Agree agamjT the
Common Lnerny ; and that the C^UrcIj?Ut3H' woul l
he kg Severe, and the Dillenters lefs fcrupulous; for
1 thmk Bitter v. k a d ^erfCCUtictt are at all times
, h:u manure, NO W.J
'1 is.true • My Lords Hand makes This Claufe
roy Lord .All agaiiv.But He that Pemid it,thought
ci ncoingkis, upon the Drawing of it up y than
my Lords Dushujs : For what's a ptlbltcll $\Z(Qb
mstlpu to a plibbtz COttfclTl'Ctt ? Here's a Gentle-
man , Agonizing in Extremis. brought-in wkh an
Expedient in his Mouth agamff P opery. What's
Coktatsen, tfompjefcenSon^cctattott,;for that's
I;is Propcfal jto a Iv'L n that's now come to his lap
Ehfererz ; and upon the Critical and Final D ijcharge
of his Soul to Almighty God I Here's a Chriflian um
der the Injlant , and the Ind jpenfahle Obligation of
Forgiving all Mankind , brought in (with his lajl
Giffp betwixt His Teeth) Arraigning both Church and
State, withCntdty and P erjecuiiom And what's the
Severity of the Church-men that He Complains of?
And what's the Per{cent ion ; but the Executing of
the Laws upon Others : And living in a Dutiful Obe-
dience to them y AhemfAves ? Per {edition (he lays-} is
3, but much morel NQ W* J What an Em-
il i>
14 Confederations upon
phatical Note is it, that This Critical £N OW]
fihould be pitched upon for the Seafon ot Indulging
the Dijjenters ; which They have chofen out for
the Seafon of taking Poffeflion of the Government ?
But the Humour is- Carried on ; and there's a great
deal more of the fame Stuff ftill.
[TorPopery,! lookon it as an Idolatrous and bloo-
dy Religion; and therefore thought my (elf hound
[m my ^tattond to do All I could agamfl it 5 and by
that, 1 forefaw I jhould Procure fuch Great Enemies
to my/elf ; and fo powerful Ones; That 1 have been
now for fame time Expett'tng the worfl ; and bleffed
be God, I fall by the &££, and not by the fitty
®ryalj
The Firjl Period has in it, the very Style, as well
as the DoCtrine of the Old Covenant. There's the
DoCtrine of < J{ejijlance in't; with an Allowance (nay
and an Obligation) for every man to be Seditious
The Second Period MEANS,
That my Lord ^iffel fell under the T{eVenge of the
Duke of York, for Promoting the !'Bill of Exclusion.
This Claufe had my Lords General Ajfent as well
as the (Reft • but in Confcience and in Charity , I do
firmly perl wade my felf, That it was gain d by a
Surprise , w T hen the Diforder of His Lordfhips
Thoughts y and thejhortnefs of Time, perhaps would
not bear much Deliberation ; For whereas the
Death. of This poor Gentleman is Invidmfly Cbarg'd
upon
d Printed-fheet, &c. 15
upon the Dw/te^O^te ®ppofing $0pet£; the Duke
Himflfl was to have been Murder d (nay and the
Tying too) by the ^CtCUStUg Anti-Papal Party, and
it was my Lords heavy Lot to Fall under the
fate of That Conflpiracy. And the fare Murder was
not All neither \ for Thofe that call themfelves
the «®rue ^JOte&atTtgl, were to have Done the
horrid Faft : (And according to the Vote) to have re-
<veng'd it upon the ^apiit^.The Pen-man after This,
makes the Unhappy Gentleman to fiefs GodflTbat
he fell by the not the , when yet at the
fame Tlme, fo far was the faction from dreading
the Kjng, the Duke and the Government, that 17 10J3
<vcry People that made theGreateft Koife with theix,
^ealouCteg and ^ppzehenftcm# were them-
felves United in a Confpiracy to flow up All, in 0tT3
common UlttlTC. Now for the matter of Fore-
fight and Expectation of Mifchief 5 it is no wonder
for Men that run dejper ate Courfes to live in the Ap*
prehenfeon of Dangerous Effects.
[I did believe ( fays the Paper) and 1 ^0 {It'll,
That Popery is Breaking-in upon the Nation ;
and that Thofe Trho Advance it, tvill flop at-nothing to
carry on their Deflgns. 1 am heartily florry, thatfo many
|B?oteftant $ give.their ^elping#atio,to it, j
Was there ever luch z'feckoning calt up betwixt
the Great God and a in ferable Sinner, and not OneMo-
jssent.left.to.fet things fjght in, betwixt That; and
his.
1 d
N " ? 5+
1
IS
ril
|»,
h( mi
: Jfr I
r';f
fjjj II
-
it
ill
1 ?a
HI
IT,
17 Considerations upon
his Appear,: nee at the laft Tribunal ? Here's not fo
much as One Syllable all this while, to my Lords
Caje , but only Clamours for fear of Popery ; InVe-
Stives againft the Pretended Wringers of it in ; Legal
Protejlants turn'd over into the Popijh Calendar ; and '
all this while , the ^erfCCUteD are the
SlggVelTcj#. God forgive the Man , whoever k
Was (if he has net jinn d unto Death ) that wrought
upon my Lord to Own this En flaming Paper. And
1 cannot but hope, in Charity yet, that betwixt
the Delivery of it and the Stroke , his Lordfhip ( 2?j>
pented of the Temerity , and found a Place for
LCircy.'
But to fpell a little upon Thefe Words Q 1 £ttj
'Tclicvc^and I £c(itU &c.~ He does not fay, upon
what Grounds ; He Propounds no Remedy Offers no
Vro(f: "We hear nothing by whom it is to be
brought *in , or by what means: Jut it leems, there
are both Papijlsznd Protejlants in the Confederate v.
W hy does he net tell us who they are, of Toib
■ Scrts ? Or if it be only a bare ComeBure , me-
thiol's the l\jng and his Councel fhould be able to
fee as far into ThisBus'ncfs as the Prevaricator:
Or let it be as it will , 1 challenge the World to
mew any OneTolouralk'Rcafn for the
of it,that's KpClteS : To give the Advifer his due,
This Paper was. never Calculated either for my
Lords Caufc orfa fotCCjany further than to make
ufe
a Printed-flieet, &c.
l 7
ufe of his Name as a Eehiclt, to c mvey the spirits a? y
this Eenom into all the Comers of his MLjeities Do-
minions But he g. es forward.
/hope God mil prefer ve th Protefant R I •■'ion and
This Nation: Thou h i am an aid it will fall under very
great Trials, and very Sharp luffering:.. And indeed
the Impiety and Profanenefs that abounds and appears fo
fcanlaloufly Barefaced every where, gives too just Reafon to
far the worjl things wh ch can befall a People, I pray God
prevent it, and give thof who have fhaved concern for the
Publick good, and who have app area for the
WtUZ Intereft of the Nation, and the Protectant Reli-
gion •> Grace to live fo, that they may net ca/l a Reproach
on that which they endeavour to Advance.^
God deliver me from a Conf /four , at my laft Hour,
that when I have but one Moment left to make my
Peace with God in, fhall put me upon employing that
very Inflant in cafting Pire-Balls into a Nation, to fet
Three Kingdoms in a Flame: Andinfteadof /hriftingmy
own Conf knee, to be Raking in the Puddle of the Iniqu't-
ties of my Neighbours. What's the End of thefe f r-
rifying Alarums , but to Gall and Teize the People , with-
out any hope of Remedy, unlefs by flying to that Dam-
ntd Principle of Conditional Obedience , to Embrue my
hands in the Bloud of my Soveraign ? What's the En-
gli/b of this fame [^UbltCfP&obSj here; Appearing
[$eatt£] The entice gjutercft of f$e Ration: and
the Htligtonn What is it, but the Old
Caufe -n a New drefs • And the direct Encouragement of
a Schifm , and Sedition, againfl: the Authority both of
Church and State i And then here's ftill the never-failing
Topique at hand, of Itttptety and f£jOp^anettef0 with
a Character Hi ical Note of the other Party ; As men Con-
ctrned for the for the Ctm
c Suterei?
I
Sm«l
• ••
:% -I
sijpy 1
iHip
II
.
.
Hi
1
II
. .11
1
I'lii ■
ii yj
ill
||§
>4
I
I
r f
Mi
HI'/
81 Confederations upon
Intereft, and the $£Ote&a«t BeltgtOtt; under which
Notion, the Shammer of this Paps/ upon my Lord, did
beyond all controverfy , Intend the CoilfptratO^ :
For it does not only Anfwer his Ordinary Description
of them ; but he would have told us in Plain Terms,
if he had meant oth:rwife,or at leaft he would have caft in
as much Schifm and Rebellion into the other Scale as would
have kept the Ballance Not but that the Sedition
and Prophan-nefs are now (God be thanked for it) come
to be both of a fide. And here again y
\JYhat ever Apprehenfwns Ihadof Popery, and of my
own fevere and heavy {hart I was like to have under it, when
it fboald prevail', I never had a thought of doing any thing
again/l it Bafely or Inhumanely 5 but what could well Con-
fifl with the Chriff ian Religion, and the Laws and Liber-
ties of this Kingdom : And thank God, I have Examin-
ed all my Actings in that matter with fo great Care, that I
can appeal to God Almighty, who knows my Heart, that I
went in Syncerely, without being moved either by Paflion,
By-end, or EvibDefign.]
We are ftill upori the fame Train of
and (SSeUCVaig. Why fhould My Lord have thefe Ap-
prehenfions , by reafon of His oppoftng Popery * When
the tog, the and the Of tty /batttl
are againft Introducing the Religion of the Church of
Rome , as much as His •' But if the y&apZV
means Popery , and the 'jlatP ; (As 'tis
clear by the Context of it, that the Church-Proteflants
and thcPapiJls are to be blown up into the Air Together)
the Pretext of Religion is Degenerated into a Point-blank
Sedition : And every man that Suffers for Treafon, flhall
prefently at this rate be made a Martyr for the Refer-
mation. And again, will the Compofer of this Paper
have my Lords Suffering in this Cafe, to be an Argu-
ment
a Printed-fheet, &c, 19
ment that ^Opetp prevail# ; becaufe his Lordfhip
forefaw the Hard Mtajurt he was likely to have, in Cafe it
fbould ■prevail* Neither will the Larvfulnefs of oppofng
Popery, in any fort, Excufe the Doing of it by Unlawful
means . There mulf be no Seizing of Guards in the
Cafe The Fear of a Falfe Religion is no Defence, either
before God or Man, for the Violence of an A ctual Re-
bellion. How much more Forcible then is the Condition
of £>ttr prefent ginftance ; where the very men that
pretend to Fear Popery , are fo far from Fearing it
&00t}, that it is one Branch of the Confpiracy to tap they
Fear it: A Second , to give it out, that the P&ptff#
are about to Kill the King ; And at the fame time, to
Refolve to do it •• And the laft Round of
the Ladder, is, by Confent , fo foon as ever they have
Executed the Killany , to make Proclamation that the
^apt$0 did it. But now we come to the Deplorable
Nicety of my Poor Lords Cafe 5 which , in appearance,
feems to be well nigh the Single Propefition , wherein
the Confeffour and the Penitent agreed ; And this was it,
which coif both Himflf and that NobbeFamily fo Dear.
Popery was to be Oppofd it feems, but not 25afcl£
or Ittfumtanelp ; The Guards were not to be Maffa-
cred or Killed in their Beds ; But if the fame thing in
Effe£f might have been done Bravely, and Sword in
Hand, I fee nothing in this Paragraph to the contrary,
but that in fublfance it might have been Juffifyed; for
BASELY and INHUMANLY are the Two only Excepti-
ons that I find to the doing of it: And they doTacitlyIm-
ply a kind of £lpP£0ft&tt0tY of the Thing , Provided it
might have been done in a way of Regutative Generof-
ty and Honour; for here's no Regard either IpSt) or fo
much as JttfctVWateD in That Particuleer , to the Laws
either of God or of Man.
C 1 There
20 Confjderations upon
1 here follows indeed a kind of ReJIriction (by way of
a Salvo) That the Proc eding ought to hold a fConfh
fteiice tmt!) tlje Chriftian Religion, ant) ttie Laws,
ant) Liberties Of tfyt# Kingdom, i And where are wc
then ? If Julian the Firfl and the Second • If ^ 'pojlates,
and the Common Bretrayers of Kings^ Mafrs and Peo-
pie, fhall be made the fudges of That Chrifiian Religion:
Or Hunt and Fergufn y the Arbitrators of our Common
Rights i Oh how I curie the Firft Minute that ever gave
Admittance to any of thefe Mutinous and Sanguinary
Levites , any of thefe Popular or Seditions Boutefeus ,
under the Roof of that Honourable Houfe! Hinc ill«
Lachrimn I for That mifaken Principle was the Root of
all this Evil ; And the Main Incentive , (I perfwade
my felf) to the doing of Many ill things by the I mpulfe
of That Delufion: Had not a Man better have a Cloven
Foot in's Houfe,then one of thele Cloven Tongues ? The
Devil, Barefaced, puts a Man to his Prayers ; He Sum-
mons up his Refolutions , and Implores a Powerful and a
Merciful God for his Afjiftance, witha Horrour all this
while, for the Character and the Company of his Sedu-
ter : But in the Other Cafe, a Man Abandons himfelf to
the Impo/lor; Confults no other Oracle , but takes his E-
nemy into his Arms , and Opens his Heart for the Spirit
of Errour to Enter in, and take Pofrffion of him, Pins
his Faith upon the Sleeve of his Guide , and Swallows
the Ruine both of Body, Soul and Ejlate, w i th Greedi-
mfs , He takes the Broad fVay for the Narrow , &c.
God Deliver all Honefl Men out of the Clutches of thefe
Paraftical and Rapacious Hypocrites ! The Diet at or of this
Paper fays, that \jAy Lord Examined all his Atfings :~l
And truly fo much the Worfe , if they were Examined
by Applying them to Falfe Rules and Mcafures' And
then he Vouches for the ^nceritl? of my Lords
Heart,
4 Printed-ftieet, izi
Heart, which Sincerity avails little too, if itbefoun-
ded upon a wrong Principle And no Purgation at all nei-
ther of his Innocency , in cafe of an Erroneous judgment.
Now to Clofc this Remarque ; the whole Paragraph
is Myflery ; and there may be Wrapt under it , what
Meaning foetfer the Reader fhall find Reafbnable to Im-
pofe upon it : for a thing may be Contrary to the Laws
both of Heaven and Earth ; and yet in His Senf nei-
ther ?5ale nor jpulian and Hunt , make
that which the Law calls Rebellion , to be Conflftent with
our Laws, Liberties and Rdigion ' And then for the
°f his Aclingsj My Lords Monitor knows
that Rav iliac did as much; and in his own Private
Thoughts, approved, them too. Our Regicides here at
Home , did the fame thing, and yet their Actions never
the Better •> or the more Warrantable for having ftood
That Tryal. We'l come now to his Reflexions upon the
Bill of Excluflon.
[Icannot but give fomeTouch about the Bill ofExclufi-
OP , and jherv the Reafons of my appearing in that bus^nefs,
which in fhort is this : That I thought the Nation was in
fuch danger of Popery ^ and that the Expedition of a Po#
pifh SuccelTor {as I havejaidin Parliament) put the Kings
Life likwifein fuch danger , That IJaw no way fo tffecin-
alto feoure Both, as fuchaY>A\. As to the Limitations,
which were propofed, if they wereXyXllZKZl'V offered, and
had pajfedinto a Law ; the Duke then would have been Ex?
eluded from the Power of a King, and the Government
quite altered, and little more than the Name of a King left.
So J could not fee either Sin or Fault in the One, when allpeo-
pie were willing to admit of Pother ; but thought it bitter
to have a King with /^Prerogative, and the Nation eafie
and fafe under him , ^4# 4 King without zV, which mutt
have bred Perpetual Jealoufies and a Continual Struggle.
AM
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PI'if •
iz Confiderations upon
Hllthis I fay, only to jujlife my felf-> and[y\ot to enflame
Others,"! though I cannot but think , my Qif&VUtltuef# in
That has had no fmall Influence in my pjefCHt
With Honour to my Lords Reafons for the#*//; the
Befi and the Truefl Reafon that ever I met with for't,
was This ; That the Exclufon of the Duke would cer-
tainly draw the Crown after it; and that the Supprefflng
of iHPotT&tTljp and CptfCOpSCP was the Bejl Expedient,
that ever was heard of, for the Preventing of f 2p£?ntT*
UP and ; fo that the Difeafe was exprefly in-
vented for the fake of the Remedy: In the
Cftfc, the Life,it feems, was in danger for the
fake : And in the the ^DlIC-
CCflO?j$Life was in danger , for the Mflgg fake : There
were Limitations offer'd (he fays) but whether SYN-
CERhLY offer"*d or UOt, he makes a Queflion: (for
which his Majefty owes him a Thoufand Thanks) but
whether the One or the Other , they were however
very heartily Rejected-, and he gives This Reafon for't.
They would have left the Duke only the of a
King, without the pOtOet; But my Lords Prompter was
Refolv'd,that the Duke fhould either have or |$0UC-,
and that the Heir fhould be flUlte ftfttCllOfJ rather than
the CtOtDtt jSpaiUt'D. Now upon This Confederation-,
(and lor the favittg of the Prerogative, and for the Safe
of the People,) The Paper-Writer Abfolves my Lord
from either Sin or Fault, in the bus'nefs of the Bill; for-
getting upon ft Pnrpofe on his Lordfhips behalf, That
my Lord had Promoted the Bill before ever thefe Limita•
tivns were thought of. Touching the Influence that my
Lords JEarneftnefs in That matter might have upon his
Hfter-Sufferingy ; I fbail eafily Agree with the Suppofer
of it, That there might be fomething in't; for the
Project
a Printed-fheet, &c. 2 3
Project of Secluding the Duke, v.'as a Limb of that.Oejfc#,
which afterwards grevV up into a Form d Confpiracy,and
Unhappily brought This mifhiken Lord to hisFnd. But
to impute any part of my Lords Sufferings to the Malice
of a vindictive Spirit , for what he either Laid, or did,in
Pxiliament, would lye open to fo many Difproofs and
Contradictions , that there is nGt place for any man in
found Senfe fo much as to imagine it. My Lord moftUn-
fortunately fell into a Cabal of Malt-Conttnts ; frequens
ted their Meetings ; joyn'd with'em in their Councils.
There was a Conspiracy Carry'd on, which, by the Mer-
cy of God-was leafonably Detected- My Lord, with o-
thers, apprehended upon it; brought to a Fair Tryxl, the
Matter Legally Proved : And his Lordfhip Himfelf not
able to Deny the Sub Fiance of the Charge. Upon This,
he was found Guilty, Sentenced and put to Death. And
what's rill This to any Court-Influence of Revenge flov his
Lordfhips Earneflnefs about the Bill ? But we have ta*
ken up an opinion in thefe late Times, as if the puts
ting of an Indignity upon The Heir of the Crown weree-
noughtomake a Man Shotfree^ and HARD,as they fay,
And that the 25 Fdw. 3- could never Touch him after.
But as I was faying juft now, The faction had Trvo
CapitalDefgns in Contemplation ; the One was the De-
flroying of the Duke and th e, King • And the Other was
the Destroying of the King and the Duke. The Former
was to have been Fx cuted by 25til; and the Other by
(ButlsflJOt. The PaJJing of the Bill had abfolutely done
the ZVork ; but in a way of and by and
^DjtJUtattCE# , which we have found'tobe every jot as
Jure-, as ptotzHtmt flavin or 25limherbufte;3. For
One Difinherifon opens a Gap to Another. And when they
have once got the Trick of Putting by aSucceffor , whom
they do not like ; 'tis Fifty to One, the Humour will
24 Confederations upon
take them of liking HO ^UCCCtTof at all -,and lb by De-
grees, there will follow a Tranfition trom a Dtjl kt of the
l^0VfOttroa Diflil re of the <®Ot>£rtliUCilt: And theSpO-
ttatC^itl^lf will be found as Cieat a Gn vauc , as
the tttjCt When they are un.e enttr'd upon this
Train of Reformation , theie will be ca-e taken that we
fhall never want more work for the Tinker till the Mew
St Ate-Menders may come to have die 'lopping of Thofe
Holes that they 7wa^ttt}ClTttCltot0 : All Counc tiers (hall
be f^Oall Minijters and Officers , the Guards, the
Mtlitia,And All Perfons whatfotver in any Station of Trufl
and Power , they fhall be Papifis or Popifbly-affeftA y Z\)Z-
fll^an Of 'Citt; faving fuch only as fhall ftand the
Tefl of a Secret Commut e. Now by this time we are
within One R move of a . True Prote(Iant Commonw althx
There is One Queflion that I have put at leaft half ado-
zen times already , without Receiving fo much as the
leaft Pretence to an An/wer: And I fhall offer it once as
gain to tha Confideration of the CjCClUltOtt Let
any Man fliew me One Argument, that ftrikes upon the
■Suecejfion of th eDuke, w hich does not equally Operate up*
on the King in Poffeffion too. For th zfame Popery that
nnquaifits the Lawful Succeffor for the JtthCtttaiTCC of
Sourer ign Power-, does as well Unqualify the pre/ent Occu#
pant lor he CffctCtfC of it: As it is an Equal ^V»,in the
fight ol God, the Deftroytng of scChild in the Womb, or
the Squeezing of the Brains out when it comes into the
World,,
Confider now again,that as the King was to be woun-
ded thi ugh the J&llkt» lb long as matters were to be
Carryed on w ith a Countenanceof Authority, Law and
Confcience fb the Duke was to be NOW wounded
thiough the K ng, when they found themfelves driven
upon a Forid Put, and to the making of an Attempt by
Violence:
a Frinted'fheet, z 5
Violence : but ftill They were to be Destroyed,
250tl} tO&yg; only , victverft- the Duke to gofrft in a
parliamentary Hay : And < as Hone laid ) the King
to go firft in an sUffaffinating way But what's All this ftill
to the Cafe of a laying ^Stld I flnall proceed now-
[from the time of Chafing Sh riffs,! Concluded, the Heat
in That Matter would produce fomthing of This kind- and
I am not much furprized to find it fall upon 5 and I
tvtfb what is done to Me, may put a Stop, and fatiate fome
Peoples Revenge •, and that no more tnHOCeUt Blood be
(bed ^ for Imufl, and do ftill look upon MINE as SUCH;
fine, q hnoto 3j Hug guilty of no Creafon 5 and there'
fort I would not Betray my Innocence by Flight, &c.]
It was well judged , that the City-Ryots would proba-
bly [produce fomthing of this kind'"] that is to fay, Confpi-
racies and Reflations of Tumult and Rebellion : And the
Evil Genius at my Lords Elbow>6 oes well enough Obferve
that there was no great matter of Surprise in't; for
my Lord that W2S EmbarqiLd in the fame Vtffel , to take
his Part in the fame Storm. But how comes Legal yfu-
fice to be cali'd j fOUte peopleg Befcetlge ? ] Or why
may not Kll Criminals whatfoever, that fall under the
dint of the Law, Arraign the fuftice of the Nation^-
on the fame Terms * It does no more hold, on the One
fide , that the City-Ipatg fhould make my Lord gttil-
ty, than on the Other , that they fhould make himttt"
nocent-, neither do Thofe Diflempers , in any fort, fall
within the Profpeft of This Queflion : Befide, That this
way of Reafoning inverts the very Natnre^ndTindency of
them : For they are here reprefented as a fubfervient
Medium toward the Advancing of a Popifb Interef, when
the Contrary is as clear as Day : And that it wasai?e-
publican and a Phanatical Spirit that ftir'd up, and Ann
mated All thole Broils and that they did it upon fuch
D GroMa**
2 6 Confederations upon
Grounds and Principles too, as {hook the very Monarchy
it J If. But if my Lord drew any III Bodings to him-
felf {romTbo/e Diford rs, it was by a Prophetical Fore-
fight of the Fatal Mi/carriages of the Sedition that was
then a Brewing and of his own Unhappy fhare in the
Mifadvent tire. We have fpoken already to the point of
Revenge , and we {hall {peak further to his Lordfhips In-
uocence in the due Place ; as to his L Averfenefs to the be*
traying of his Innocence by Flight ,3 either the Inference is
not Good j or elfe, AHThofe that are Fled are Guilty. The
Paper fays,that he was \ Guilty of no Treafonf] but the
fudges were of One Opinion, and my Lords Qounceloi
Another.
[Iknow ('fays the Author of the Paper) Ifaid but lit-
tit at the Tryaf *nd IJuppofeit looks more like Innocence
than Guilt. I
Can it be imagin'd > that my Lord did not Defend
himftlf as well as he could ? And it is the Firft Time per-
haps, that ever faying little to anMccufationy was made
an Argument of a Man s Innocence : But of this hereaf-
ter , and fo I fhall go forward.
[Ipray God ( fays the Paper ) lay not this fmy Con-
demnationj to the Charge ? neither of the Kings Counfel >
nor fudges y nor Sheriffs , norjpuryt, and for the IVitnef-
fes y I pity themy and rvi(h them wtll; I fhall not reckon up
the Particulars, wherein they did me wrong , I had rather
their own Confidences Jbould do that; to which } and the Mer-
ties of God I leave themf]
Here's a moll fcandalousbefamation thrown out againffc
the Kings Councely the ^fudges, Sheriffs, yfury and PVtt-
nejfes , all at a Caft ; though the Manage was fo Fair in
All Refptffs , that the; fufiice and Patience of the Court
was Acknowledged by the very Zelotes of the Party
: They could not but Confefs, that the Try-
ads
a Printed-fheet, &c. IJ
ah were Candid and Clear * they were heard at Urge ;
the Proofs indubitahl , and f can led by ch ir Own Confif.
fions. Butlnull Oblerve again, that thi- Paper m k s
them Guilty , only by a figure , and tor them
without CtjatgtUJ them. It Prays for the Witn Jfes ,
[ wh rtin they did my Lord wrong)] but \*hy dve. 1 it not
reck in up the Particulars : Nor is it Paid , that th y tit!)
him any Wrong at all. The Penman u ill not cha ge
rny Lords Confci nee with Averring any thing that is
falfe\ but he has Colour d it fo, as to make the People
Believe he had wrong done him, and that will do as well.
He leaves the Particulars, howe.er, [to the r own Con-
feitnees andGods Mercys :] fo that, in fhort, This Paper
is only a Scotch Mi(l from one End to the Other .There's
a bold I nfin nation of Lnjufiice 5 but not One Syllable in
Proof, c r fo much as to Colour it.
But we'le put the Cafe now that my Lord had really
fuffePd All the Wrong he Complains of. 'Tis true, it was
the Part of a Generous Chrifiian to clofe his Eyes with
St .Steph. ns Prayer ; but then thep£Ulttttg of That Pray-
tr ftands in a Dirett Oppojition to the feeming Piety and
Refignation of it 5 for it lays Innocent Blood to the Charge
of the Government '• And Fxpofes the Administrators of
it to the utrermoft Rage and Fury of the Multitude , as
the mod Abominable Mongers upon the Face of the
£arth . and All this , without the leaft Thought, Hope,
or Pofibility of any Other Ben fthy it, than the Tearing
of All to pieces , and the makirtg of This Paper to do the
work of the Confpiracy. Can any body think that liis
Lordfhip would not have laid his finger upon the tCJOttlJ,
if he had fuffePd any < Or that if he could fas he iaysi
have reckoned up any Particular hat he would not have
done it < He fays in another Place,
1 LI do freely forgive All the World > particularly thofe
D 2 ccncepnP
2 8 Confederations upon
concern A, in taking away my Lift ; and Id-.fire and Conjure
my Friends to think of no Revenged]
Thefe Words are only the fame with the
Former, tUl'tVD tUtO (as the Prophtt David fays)
but manag'd Another way''- And the fhort Engliff 0 f this
Ejaculation is a Prayer to Almighty God to forgive his
$purBerer0 •, with an intent to calf the Guilt of fhed-
ding Innocent Blood now a Second Time upon the Mini-
fersoffuftice< And what does the Artificial Hypocrite
that Pennd this Paper, but in the very A3 of Conjuring
my Lords Friends to think of no Revenge, Do all that is
poflibleby This Printed Appeal, to draw on a publick
Vengeance from the Irritated and SeditiousRabble. And
once again now.
(Vnever pretended to a Great Readinefs in Speaking, I
wijh thofe Gentlemen of the Law, who have it, would make
more Confidence in the ufe of it, and not run Men down
by Strains and Fetch. s^ \mpof ' on Eaf and willing -furies to
theRuine of Innocent Men, for to kill by Forms and Sub-
tleties of Law is the woril Sort of Murder: But I wifh the
Rage of hot M>n and the Partiality of furies may be Hop-
ped with my Blood, which 1 would offer up with fo much the
more JOY , if I thought I(hould be the laf wire to fuffer m
fuch a way.J
This is only a ^tvattt and a tfttcl) ( as 'the Paper
fays) for the running the fame Scandal over again, with
a little Varying the /'//r^/e.Whoare thofe Unconfcionable
Gentlemen of the Law ? FThom do they run down What
are the and jfetcftcg < Or where are the Ea-
fe and willing furies''. The Rttirid Innocents ? Or the
according to Art < The Outrageous M n , and
the Partial furies 1 The People are to underhand this to
be my Lords Cafe , though the Author himfelfhas not the
Face to make it fo>either on the One fide,or on the Other;
and
a PrintecUflieet, &c. 29
and'then he has wrought the Character too High fm the
Expreflion of my Lords Offering tip his Blood fitOttl) ti]C
WIOJC mi in-ftead of tl>£ CtDUhlC or Affliction ;
and Concludes with the laying of Inmcent Blond again to
the Charge of the Government. Upon the whole mats
ter, this is only more and more Calumny, and Iniquity
added to Iniquity. Wh'oever fuggelfed this Dictate to his
Lordfhip, might have minded him of thofe very Gown-
men and juries, that he fpeaks of, within the Memory of
Man: and of a Time, when People were Deftrcy'd, not
only by Forms and Subtleties of Law, but by meer Noife
zn&Tumult: and to the End,that nothing may be wan*
ting to the filling up th tMeafureof the Scandal 5 the King
Himfelf comes in for his fhare too,when he prays [that
He may be [INDEED th: Defender oft he Fait h~] implying
That he is only fo as yet in fhew and Title. It may be a-
nother Qyeftionnow,in what Creed we are to look for
That Faith , which the Contriver of this Paper would
have his Majefty to Defend: Or in what Part of Dr.
Burnef s History of the Reformation , a body may be fure.
to find it,
I have Liv'd fhe fays') and now Dye of the Reformed
Reigion ; A true and fine re Proteftant,^/^ in the Com-
munion of the Church of England, though I could, never
yet comply with , or rife up to all the Heights of many Pec*
plef .
That is to fay, I am not of the Church of Rome in Ge-
■ neral , not a Papifl, but a Prot-flant, and a Church of Fng-
land Prott(lant too ; Bating,the 1)^ "jlfttix]
Coll ge Himfelf went thus far, and yet no body knew
what to make of him at laft. We have a hundred and
fifty feveral forts of FnglifhProt.fiants, and confequently
in his Senfefo many Communions of the Church of Fng-
land :.For All the fever alSefts have their JeveralChurch°s,
and!
| '* ■*, ^
H
II
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i 'it
0 "V
pi
11,1
Tf, ft)
III
.f !*$
its!
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31 Cor ft derations upon
and w hen they are pat toth zTouchj Every S Denomi-
nates it felt of ihet hurch of Lngland: So that iiu'lead
of the Simpl city of a Declaration nndCo»ft//ion,\\ e ha\e
not hitherto lb much as One L.ne,chat is nut w rapt up
in Equivocation and Miftcry : but the Only w ay ci Ex-
pounding his ntent \nthis Particular mult be by a ( of-
laticn of Parts) and Comparing we do Scripture D Jfi-
culti s) One Text with Another. He C mplains in One
Place,of Bitternefs and Perfecution , and Chiracs the
Church-men with Severity. He Reflects in Anoth r Place
upon many Proteftants that give a Helping Hand to Po-
pery , Now it cannot be Imagin'd,that the Sham^Confef-
for (whoever he bej reckons my Lord, either among the
Perf touting, or among the Popiflaly affetPd-Prot Jlants 5
So that there's noC hnrch of England Communion left
him,but that of the DiJJenters. And what does he mean
again,now, by thefi^Cfg^tjS of many P. ogle fjThe Stan-
dard . f a Legal Conformity is neither Higher nor Lower,
than ihe EJPtbliJhed Rule and Mea[ure : So that upon the
Unriddling of this Claufe, the w odious D.fficulty ter-
mimtes in a very plain Rejolution ' i.e. Thatt e
ftcUlt herebv intended , is a JStfTenttUg ^enxfet of
the $cn Conforming Communu \\ oj the Church of
England. Thus far we have hadNothing but Doubling
and Shifting ' Put after a Dili}, cut and a Careful Search
for One Clear and Plain Dealing- P riod or Two > that
might in fi me Degree Atone f< r the Oraculous Elufions
of th eRe/l^ this is th Only Pomt-blank-Affertion that
I find in the w hole Paper
J float I Av rr, that what I (aid of my not hearing Col-
lonel Rumlev d liver any M ffage from my Lord Shaftsbu-
ry, was TRUE, for I aluays Detefted Lying, though
n ver fo much to my Advantage ; And 1 hope none will be
folinjujl as to think I would adventure on it, in Thefe my
laft
a PrintecLfheet, &c p 3 a?
laft Words, for which I amfo foon to give an Account to
the Great God , the Searcher of Harts and fudge of all
Things.'}
I tafke this to be the moft Remarkable Pajjage in the Pa-
per , being the Only Point that my Lord delivers upon
his Death, to be a fytUtl) , without power of Revoca-
tion ; And it is done too, with*a Solemnity as Dreadful
as the Contemplation of Divine fujlice , and a fudg-
ment to come , can make it. All the Re(l is Loofe and
Dubious , and may be taken One way as well as Ptno-
ther : But in this, tile Hffev^ration is Pofitive and Precife,
f. e. that \_f-Vhat my Lordfaid of his not hearing Collonel
Rumfey 3&ZllbZV any Meffage from my Lord Shaftsbury,
was CtUEl We'le take it for granted now , that my
Lord did $0t hear the Delivery of That Meffage : That
is to fay, a Meffage from the Earl of Shaftsbury, That
it was High Time to come to fame Reflation about th IB to
fitTg] It does not therefore follow, that becaufe My
Lord did $0t hear the 3&ZltiOZVy of the Meffage, he
knew nothing therefore of the COfltCttt# of it c* His
Lordfhip heard the Subjell Matter of the Mtffage De-
bated ; And he Heard the Hnfwer that was Refolved up-
on in Return to that Meffage: Which was in Effeft ,
{Jfhat Mr. Trenchard was not Ready, and therefore th:y
could not as yet go on'. ] Nay, My Lord did not deny the
Hearing of the Hnfwet, but put the Ouefiion himfelf at
his Tryaf \_lVhtther or no he Confentedto that /Jnfvtr f]
And Collonel Rumfey delivered upon his Oath, that he
did both Hdvife about it, Treat and Confent ; So that it
is not the value of a Single-Hair, (if there were Twen*
ty Thoufand Lives at Stake upon it) whether my Lord
that Meffage or $5ot. What's the
Meaning then of laying the Strefs of his
upon't ? He Purges himfelf of no Part of his. Charge
31 Confederations upon
by't, but rather by the Frankntfs of his Proteflation in
a matter of Little or No Importance, and without ieav-
ing himfelf any Room for an Evafion, he draws a Suf-
picion upon the Candor and Clearnefs of all the rep, for
it looks Odly to fee a man fo IVondtrfully folemn, and
Particular in one Jingle Cafe, where 'tis not a farthing
matter whether it be Crofs or Pile : And yet at they're
time fo Dark and Doubtful in twenty other In fiances, where
all that can be dear to a Man of Integrity and Honour,
is concerned. But the Paper it felf gives the Reafon of
this Different way of Proceeding , in faying that my
Lord \_always detefted Lying • ] Upon which confederation
it has Diftinguijhed betwixt things True and Falje , by
the Peremptory Strictnefs of the One, and the Ambigui •
ties and Refervations of the Other, which is the only Key
that Opens the Meaning of this Paper . And there's ano-
ther thing to be obferved, which is, that This very
-CrUt^was defigned as a means to lead the Reader in-
to a Miftakt, as if My Lords not hear ing the Ddivery of
the Mcjfage, were fuf&cient in Confequence, to Dif-
charge him of the Gui't and Danger of the Confultation.
My Lords Advifer has fhewed himfelf a great Mafier
in the Doclrine of Probabilities ,This Paper quite through-
out. There's but One plain Truth in't, and yet as the
matter is ordered, there is hardly One Falfity neither,
but it runs altogether in Appearance and Difguife , like
on - of your Turning Piffurts that fhews you a 2508ft
on the One Hand, and a Js3$8tT on the Other. It was
Generally Noted , that my Lord had very little to op-
pofe in his own Defence at his Tryal-, and his Black
Angel has found out a Shift for That too.
CI was Advifed not to Confefs Matter of Fail pl&tfttp ;
fince that mud certainly have brought mi within the Guilt
ff ; and b ing thus Refrained from d-aling^
Frank-
a Printed-Sheet, &c. 3 3
Franckly and Openly, 1 cbofe rather to fay Little, then
to depart from I hat Ingenuity, that, by the Grace of God,
I had carry 1 d along with me in the former Parts of my Life:
And fo could Rafter be ftsnt, and leave the whole matter
to the Confciencef the fury, then to make the Lajl, and
Solemnejt Fart of my Life fo different from the Conrfe of
it, as the ufng Little Tricks, and Evalions muff have
been.~\
I cannot bring the feveral Parts of this Claufe to a
Confidence One with Another. My Lord was Advis'd
againft Confefftng PLAINLY, FRANCKLY,
OPENLY. He Follow 1 d That J Advice ; And in
Co doing, MinPd theMatter , and Confejpd NOT PLAIN-
LY $101 FRANCKLY, $lQfc OPENLY. That is to
fay ;he Confejfd and kept himfelf upon his
Guard : which, how Prudent foever, was yet a Depar-
ture from the Scrupulous Dignity of his Lordfhips Figure,
in This Paragraph ; and falls within the Compafs of the
Cttcftg and (SfoafiOtt# which I find in the very
fame Period, Condemn 1 d. But where's the Hurt now, of
a Man's Employing All the Honefi Arts , and Methods,
for the Defence of his Life that the Caufe will bear ?
As defiring to know the Pannel , for the purpofe; Time
to Confder of it; Liberty of Challenges, and the like. But
to Defcend now from This Elevated Refolution to the
very matter of Fact ; I dare appeal to the mofi: Partial,
or rather to the moft Favour able Friend my Lord had in
the world, whether he thinks that his Lordfhip Abated
any thing of the Defence that he could or would otherwife
have made, upon the reafon here Alledg'd ; of keeping
up the Congruity of his Character, to the end that in his
Life and in his Death , he might be all of a piece. I muft
take notice again, that it is a very Extraordinary way,
for a Pr if oner at the Barrtobe filent, where he has any
E thing
3 4- Confederations upon
thing to fay for himfelf, knd fo to leave the whole matter
to the Conscience ot Njury, when in Confcience they muft
Neceifarily find him Guilty, if the proofsRe^ him ; and
that he has nothingtofay^otheCwzfrary.And then there's
Another fovXBlot too, in faying,that the \_Co»feffiortof the
Faff, PLAINLY,D muft £ CERTAINLY havehrought
my Lord within the Guilt of Mifprifion: ] That fame
ECERTAINLY] has fhew'd the World the very Bot-
torn of the Btrfinefs ; for what becomes of [The Words
of a Dying Man'] then, that my Lord knows of No Plot,
either againff the Lyings Life, or the Government 3 when
here's a Plain Confeffion of the Knowledge of a Confpira-
cy, and the Concealment of it ? There can be no Difpute
upon this Contradiction, but the Denial muft of Necel-
fity be either Falfe , or Double. The One Pinches upon
a Point of i^OUOttt; The Other looks only like a "Cttal
of SihtU: And fo wefba 11 content our felves to caft it
into the Heap of his other Amphibologies. (J make ufe'ofa
Hard Word for a very 111 thing , becaufe I would not
have the Common People underftand the meaning of it.)
And it is upon T his Condition , too, that the Reader fhall
beat liberty to take all his Other Refervations by the fame
Handle ; for upon the Solution of This Difficulty, depends
the very Iffae of the Qgyefiion. There Remains One
Slip more yet, wherein the Author feems to have Over-
fhot bimlelf. There's a Reproach faftened upon his
j L , liBips Counsel, as if 9 had Train'd him info a
Snare, t>y ^tCshLtftUg him. 'TisTrue, that the Pa-
per does not fay ex pre fly, whether they were Profeffd
Gov -men, or Particular Friends that gave the Advice :
But yet for the Reputation of his Lo-rdlhips Prudence , it
muft be uiiderftood of %(* &?££$ ; as the Only Competent
Direfforr that my Lord could make ufe of, in fuch an
Extremity. Who can Imagine, now, that any Lawyer,
(though
a Printed-Sheet, &c. 35
(though never fo little SkilPd in his Profrffon) could
Advife my Lord upon Fair Infractions , and a Manffeft
Certainty of what would be Sworn againfi: him, to Smo-
ther, or to Extenuate the matter of Fact ; leaft ( as the
Paper Infinuates) it fhould be found Mifprtfion of I reafon't
when Effectually, This Lawyer could have told my Lord
his Doom t And that it would undoubtedly
have been found, not only Miftprifton, but Treafton it ft If.
In which Condition; my Lords Councel, would rather
have ad vis'd him to have thrown himlelf upon the KJngs
mercy. And there is more then a Tacit ScfeUQtSQlCiJgmcnt
of my Lords Guilt, In feveral other Parts of this Paper :
JBut I'le take This following faff age in my way to the reft.
[As I never had any Dtffgn againfi the Kings Life, or
the Lfe of any Man whatfoever ; fo 1 never was in any
Contrivance of Altering the Government: Wig at. the
Heats, Wickednefs, P affions, and Vanities of Other Men
haveOccafioned, I ought not to he Anfwerable for; nor could
1 Reprefs them, though I now Suffer for them : But the
Will of the Lord be done, into whofte Hands I commend my
Spirit, and trust that Thou, 0 most merciful Father, haft
forgiven me all my Tranfgriff ons; the Sins of my loath,
aud all the Errors of my paft Life ; and that 7 hou wilt not
lay my ftcret Sins and Ignorances to my Charge , &rc ]
I fhall here Recommend one fpecial Note to the Re a-
der : Which is, That in fiveJtveral Places (\. e. T wice
inth q Speech, and Thrice afterwards') this Paper Reftrains
my Lords Endeavour to difcharge himfelf from the
1lint of the Indictment , to the exprefs Hints, of the
iiltlgg %ilz, and Altering or Changing the Govern-
ment. As for Example: [God knows how far I was al-
ways from Defigns upon the $3£tT0!I, or Altering
tije (SobStniltCnt t In the Words of a Dying Man, I pre-
fefs I know of no pftot, Ether againfi the )Ltf0, or
E 2 the
I
3 6 C onfiderations ufon
the <^Obertiment»] And then afterwards, [7 never had
any Defign of Cijattgtltfl; t$e (BOfcetttmettt, &C~\ I would
have J,offer'd any thing rather l hen have c onfe sited to any
Defign to take away the IvtUijJ# And fo again in the
Claufe latt above-mentioned . The Hammering of This
Point over and over, fo often, was, Undoubtedly, to
ffrike the Deeper Imprejjion , and to create, in the fhort-
lighted Multitude , a Stronger Ptrfwafon of my Lords In-
nocence. But why in the Baltic frill ? And
with fo Cautious, and Particular a Limitation , to Thofe
Two Articles; if it were not to Accommodate That Po-
pidar Cover to fome Hidden Meaning ? But the Fallacy
that's Couch'd under [The %iW] and [TSltCtm-
lltg tije <2>Oi)eEUttt£Ut3 is expos'd already. It is laid
here, That my Lord had no Defign againft th q Life of
any man whatfoever: 'Tis hard to imagine a War , and no
body to b tKjlBd iri't: But there's a Salvo for That too;
That the Individual Per/on was not thought of. Neither
do I believe that my Lord ever Defign'd to take away
the Life of Dr. Hawkins , though he faid in his Paffion,
that he hop'd to live to fee him Plead and Hung up.2 That
which follows next, fpeaks my Lord Privy to a Great
many IllTbings \ And it is not enough to fay, that he
could not Reprefs them; For they were of fuch a Quality,
that his Lordfhip was Bound, both by Oath , and Duty to
Dijcover them ; Or at the leaft, In Honour, and in Con-
fcience , to have avoided a - Converfation that carried on
fuch Dangerous Defigns.
And now to fpeak one word to that which paffes for
his Lordfhips latt Prayer. We. have his own Acknorv-
ledgment of a Mifprifion of Treafon , And yet not one
lyliable upon that Subject, in his Parting Confefjion. But
he that wrote this Paper is a Profeff'd Enemy I perceive,
to the Chriflia nity of a Clear Confeflion.
a Printed-Sheet, &c. 37
I hope nobody ( fays the Paper ) mil imagine, that- fo
mean a Thought could enter into me, as to go about to lave
my felf by accufing others The Part that fome have
Acted lately of that kind, has not been fuch as to invite me
to love Life at fuch a Rate. ]
A Man fhall not need to Guefs twice, who was the
Author of this Sentence ; for 'tis written with the very
Spirit of a C argue lite that makes Trtafon , a Virtue , and
Repentance a Mortal Sin: And my Poor Lord, in the
Angmfh of his Thought, is left here to Anfwer for the
Lewdnefs of Another man , who, ( Notwithstanding the
Jultnefs of my Lords Sentence, ) is Incomparably the Great-
er Criminal. If he ever was, or Pretended to be a Mini-
fter of the Go/pel, (Tor there are Julians in
and more Julians then One too) what could be more Lu-
ciferian ; then to turn Penitence into a Scandal ; And to
Preach it for a Point of Religions Honour, in a Christian,
notrto Difcover his Complices in a Rebellion ? Surely the
Author of this Paper was afraid of being Difcovered
ni til felf'; And therefore Inculcates the Principle, and
Recommends it. Is it fuch an Indignity , for a man to
C^ahe ^tmreiffap Ktccufitng^Dttyergtf] what is it then
for a man rather to Damn his Soul by the Perjurious Con-
cealment of a Traytor y then by Difcharging his Duty,
both to God and to his Prince , to lay down This Life in
hope of a Better, through the Merits and Intercejfon of a
moft Mercyful Saviour ? The Pen-man's [ of
by ^ccltfuig £Dti)er&] is only tbe Falfe Glofs
of a Reprobated Seducer upon the Text. And then the
Instance of his Reproach upon the Kjngs Witness, in this
Matter, is a Farther Difcovery of the Venom of him that
gave the Diffate. This is a way chalk'd-out, not only
for the Encouragement, but almoft the Canonizing of Con-
fpirators. Here is an Acknowledgement however, that
my.
3 8 Confederations Ufon
my Lord Coitit) have AccufedOthers, if he IBOUlt) Wc
fhall come now to the Matter of Fall.
[_As to the Confpiring to feiz>e the Guards, which is the
Crime for which I am Condemned, and which was made a
Conftrudtive Treafon for taking away the Kings Life, to
bring it within the Statute of Edw. 3. 1 fh all give this true
and Clear Account. I never was at Mr. Shepheard's with
that Company but once, and there was no undertaking then
■of Securing, or ftizing the Guards ; nor none appointed to
View, or Examine them \ Some Difconrfe there was, of the
Fcafiblenefs of it; Andjtveral times by 3HCClD£Ut, in (&C*
•UCtill BtCCOUtfC elfewhere. I have heard it Mentioned as
a thing might tafily be done ; but never Confented to as
jftt to be done, And I rememler particularly, at my Lord
Shaftsburys, therehiny fame Ci5£tT£tEl BtfCOtttte oftXyi#
S31tit), 1 immediately flew out, and Exclaimed againjt it,
And as'Ad [ If the thing fucceeded what muft be done
next, but, Maffacring the Guards, and killing them in
Cold Blood ?j which IlooFd upon as fo Deteflable a thing,,
and fo like a Popifh Practice, that I could not but abhor
it : And at the fame time, the Duke of Monmouth took me
by the Hand, and told me very kindly, My Lord, I fee you
a nd I are of a temper. BU) ZbZt tyeat CO t)0£CtD a
f!)i'nO; f And J mtifl needs do him that Juftice, to Declare,
that I never ohftrved in him but an Abhorrence to All
23af£ Things.]
My Lord was charged by the Indictment of High Trea-
[on, for Con firing, Comparing, and Imagining the Death
and Definition of the Kjng ; And the Raifing of a Rebel-
lion within the KJngdom. Now this was a Confutation
in Order to that end : And for that which is here call'd
a Coilfttucttfee Creafon, Tt was much a Plainer Act of
Treafon then any thing in the Articles againft my Lord
Chief JuHice Scroggs ; And yet That pafs'd for a very
Current,
a Printed-Sheet, &>c. 3 9
Current, Houfe-of-Commons-Treafon . The Paper fays,
that my Lord was but ewe at Mr. Shepheards with that
Company : Mr» Shepheard fwears it Twice, with the fame
Company : But that Slip of Memory fhall go for Nothing.
Thefe was [A T o Undertaking to ftize the Guards , ] it
feerns ; nor any [ Appointment to View,or Examine them.']
That's becaufe it was not yet come to a JScfoltlttOH:
But here's no Denyal at all, of a Debate or Confutation
toward X : The Exploit was found [ Feifible, and feveral
t)ifcourf s about it.] But laid only to be in (Bttltlcli, and
by Sccit, :?t ' li it meant that they $T$Ztt by Accident,
and io f. ii upon Dfcourfe only by Accident ; And that
7 psF, * : Ai o' ; L Seizing the Guards] felt in only as an
Accidental Difc- Ce ?' This way of the Truth
is as Clonrto any man that has Eyes in his head, as if it
"were a PLr-n CottfsCftOit df it; for if it were meaftt (0OOD
the Author would have ftrain'd himfelf for a no-
ther Invocation of [the Great God, the Searcher of Hearts r
and f udge of AH 2 hings,] to bear Witnefs to the Exph-
cite Truth of the Cafe. But [it was never Confuted to
as f It to be done.] Now That ■fitViZfg may re f err to the
Ctme; the <apeang; the the rnftnimentsh
They had not yet Pitchtupon a Safe, and Effectual TV ay
perhaps, for the doingoT it : But there was [More, Ge-
neral Difcojtrfe now of the fame Kjnd at my L:?rdShaftsbll-
ry'sl And This was a Terrible (DCUci'lU Difcoufpf for it
made my Lord immediately Fly out, and Exclmin agairift
it. I wifh the Paper had fet forth UfS (TC'Tt^i
D fcourfe was ; And what the ADltytZ was too, that {felt
in b.y HCCtDtllt; And whether t^at <jp£tl2Cai Dfcourfe
and tCtytjiS General Difcdiirfefwerc not as good as all one:
But in fhort ; General Dfcourfe it was, that it
wanted but one ftep, of Maffacring the Guards ; Or cut'
ting their Throats in their Beds', which, the Paper (ays,
[Ah
40 Confederationson
LMy Lord D it for, being fo like a ^optffy Pralticf]
A Presbyterian Practice would not have dene a mils nei-
ther in This Place, if a body had had the Murder of the
Late Kjng •, Montr ofs \ The Arch-bifhop of St. Andrews
&c\ in his thought. But fhall any man at daft be To
Weak, as to fwallow it , that P0U tX I0t. Peat |C
IDo^rtt) a Cijtug i ] was only an Exclamation upon a
dDCnetai and 3cCtDentai Dijcottrfe? All the Reft went
down w ell enough, till it came to the Cut-TMoat-part
of it. And that was the Point that Startled them : The
Doing of the BuPntfs, either in a Brave, Generous Way,
i^caD to i^eat); or with Cap in Hand ; And a Comple-
meat of Loyalty, and Rfpetl , to Defire his Majefty, in
Ihefe Dangerous Iirnts, to fign a Demi ft oj his
to the Vfe of the Counsel of Six ; Or to a
Band of Affociajors, for the Security of his Sacred Per/on,
and the Protectant Religion ; I do not find, (by any
thing I fee yet) that the Men of Honour ( if the Paper-
Writer might have had his Will) would have BoggPd
at fuch a way of Proceeding \ But the doing of the
Thing was the Bufinefs; And the Scruple that
was made, was upon a Point of Bravery, not Confcience.
But to Continue the Story.
ZAs to my going toMx. Shepheards, J went with an
tention to tafe Sherry ; for be had prom fed me to Refer ve
for me the next very good Piece he met with, when I went
out of Town ; and if he recollcTts, he may remember I askt
him about it, and he went and fetcht a Bottle : But when I
tafiedit, I [aid "'twas Hot in the Mouth ; and. r a fired that
whenever he met with a Choice. Piece, he would keep it for
me which he Promi/ed. I Enlarge the more upon This ,
becaufe Sir George JeiFeries Infmuated to the Jury , as if
I had made a Story about going thither ; but I never faid,
pThat was the dDttlj? Reafond And I will now %x\X lp and
P a dd the red J By
if I,
a Printed-flieet, &c. 41
B ytbis Paragraph, the Reader is to be held in hand,
that my Lords BUSINESS to Mr. Shepheards was tO
tftftfc •' And the Paper goes about to Re-
frefb Mr. S bepheardds Memory ,by fuch and fuch Tokens,
the Word is {.with an to tafle Sherry ] which in
common Speech , does fairly infinuate, as if the Tafling of
Sherry had been the chief End of his going; Whereas
fuppofing that to le in his Intention , it might be,ne* er-
thelefs yet, the leaft part of bds Bus 1 nefs : And further,
the Author of this Paper has not thought fit to give us
any Sort of Eight, what his Bus'nefs was: Nay, Mr.
Shepheard, on the other hand, [wars that it was a Met-
tingby 9lpp0ttTttttCtTt, and that there was nothing of
the ShtrryiStOij in the Cafe. My Lord, however, made
ufe of this Suggeftion at his T ryal - and Sir George fef-
Reflecting upon it to the Jury , this Paper under-
takes the Excufing of One Jhift with Another : The Ta-
sting of Sherry was One Reafon T though not the OtTlp
JStafOtT. But we are now to Exped a CtUC and
Account of the reft.
C I was the day b fore this Meeting, come toTown, for two
or three days, as I had done, once or twice before •, having a
very Near and Dear Relation lying in a very. Languifjing
and Defperate Condition : And the Duke of Monmouth
came to me, and told me, he was extremely glad I was come
to Town ; for my Lord Shaftsbury and fome Hot men
would UtttJO us all: How fo, My Lord , fa-d I ? Why fan-
fwered he) thef I certainly do fome j&iFjlTiCyly thing or
other, if Great Care be not taken , and th re fore for God 1 "
fake; life your Endeavours with your Fri nds to prevent
any thing of this kind. He told mgth.re would be compas
ny at Mr. Shepheards that night, and d fired m to beat
heme in the Evtnin? , and hi would call me, which he. did;
And when I came into the Room , I faw Mr , Rum-fey Ut
F 1*
Confederations upon.
the Chimney, though he fvears he came in after ] and there
were things fetid by feme with much more IpC&t than
meilt, which 1 did fufficiently Difapprove, and yet for
thefe Things I (land Condemned : But 1 thank God my
Part was fyncer eand well meant •• It is-, 1 know, inferred
from hence , and was prejfed to me , that I was acquainted
with thofe tnd 3jli *nd did not Difco.
ver them-, but this is but Milprifibn of Treafon ; ^ moji. So
I dye^tWICCtttt of //a Crime 1 Band Condemned for,dc c.q
Here's a fliort Account of my Lords coming twice or
thrice to Town ; and that he had a Dear Relation ly ing
fickhere : Eut whether he came upon a Nifty or upon
the Bus'nefs in Queftion , the Paper fays Nothing. The
Duke of Monmouth Complains to him , as above , of
my Lord Shaftsbury and Oth.r Hot Headed Men that
would fpoyl all; this Implyes my Nrds being Antecedently
privy to the matter in hand ; for he takes the hint imme-
diately. tfO "JLO^D ♦ ] (fays he) without nee-
ding to Enquire either If hat SlpCtt, or what i
The Anfwer was no more in Effect then This. There are
a Company of mad- Fallows, that will out-run the Confta-
ble, thty will be fhewing tbemfelves too foon, andmakefome
Bedlam Attempt or other, before we are ready for emyind
then we are All ruin d .So that it was not the Htfign it ft If
but (as This Paper Reprefents it) the rafh and imprudtr.t
Manage , that was taken Check at ; And now follow s
the Meeting atMv.Shepbeards ; which this Paper calls
LCQtttpaflt] as 'f h were a djattCfc Company, not a Mee-
ting : But Mr Sheph ard( peaks of it as a Company:
And Mr .Ruriffey was likewife appointed to meet there. My
Lords Contradicling Mr.Rumfey in a Circumfiance with-
eut any Exception to him upon the main , looks like a
tacit Admittance of the reft of his Evidence. The Pa-
per (peaks further, of [things that were fa id by feme, with
more
a Prmted-fheet, &c.
more ^ZoXthan but neither fays who fpake
them, nor whxt the things were ; but 'tis Probable they
were Treafon, by my Lor Is Difapproval of them : And
it would have been well, if his Lordfhip had at leaft told
the things, though without naming the Perfons, It is Re-
markable,that the words are ttUlClj mOje HEAT
JUDGMENT] If it had been with much more
then$^0HC9T 5 iT1 Y Lords Disapproval would have
Reflected upon the C&ttffc; but with much more
then , ftrikes only upon the Indifcrttion.
The Paper thinks it hard, that MyZordfhould b zCon-
demrfd for the things which he Difapproved, whereas
my Lord wzsCondtmn'd for Meeting,Consulting 8c Agreeing
toRaife anInfurrettionfko.\r\d it is theLaw that Pronoun-
C€S the Sentence • My Lords Part , it feetns, was Sincere,
and well meant. ' fis a thoufand pitties his Lordfhip
was not better Enformed, for Pe pie under a Miftake
mav do the worft things in the world with Good Meaning.
And then methinks and 3|U are too
(oft a way of Exprefling fuch Horrible Treafons. The
Paper calls it Dying ^XlUQCWLtof th Crim • my Lord was
Condemned for, and but Mifprfion of Tr afon at the mofl,
in Concealing what he was Privy to. Here is the Know-
led* of Treafon in the M frfion of Treafon
CokfefiU) • And there needs not mush Concurrence
with Trajtors, to moke a man Guilty of Treafon. It is
tobewifn'J My Lord would have Declared , what fort
of Treafon it was chat he was made Ac f tainted with ;
whether the Imprif&ning or D-pofingo i the King : And
by what Means and In sir urn nts to be Extent d Once
agsin now, and I have done.
£ 4s for th Sentence of Death pa fed upon me, L can-
not but think'it a very Hard One for Nothing Was fwora
a^ainft me ( wksth.r true or fa Ife I will mt now Exam in e)
F 2 but
4.4. Confederations upon
but fome Difcourfes about making fome And
this is not Levying War Again ft the King, which is Trea-
fon by the Statute of Edward the Third, and not the CotV
tutting and IDitCOUrOitlg about it, which was all that w.nts
JFitnefed again [I me. But by a (Irange Fetch, the Defign
of Seizing the Guards, was Conftrueda Defign of Killing
the King ; and fo I was in that Caft.
And now I have and told what my
yart was in that; which cannot be more then a Bare
JUtftOU ; And yet /^Condemned as Guilty of a Defign
of Billing tfye Bing.
Here's an Inftnuation of an UnjuFt Sentence, upon
Falfe Evidence, though this Paper COUfcife# as much,
cn my Lords Part, as was Sworn againfl him , The Pa-
per calls it \_ALothing but fome Difcourfes about making
fome Stirs ] and thole Stirs are afterward Expounded,
to be L Levying fVar againfl the King'} And my Lord wa?
Condemned foxConfnlting about tho feStirs.Thefe Confulta-
*/<?#r,theGw/Pronounces to bzTrcafon-My Lordln(\{\s up
on it,that they are only a Bare Mifpri(ion:hnd that the De-
fign of Seizing theGuards is wrongfully Interpreted a ^CftgU
of Billing t^e Bing. If this be fo (Irange a Fetch, what
was it in the Houfe of Commons to make the Charge a-
gainft my Lord Chiefgfuftice Scroggs to be 'CtT&fOn ?
The Law-Part has been Learnedly, and Copioufly
elear'd already, in certain Reflexions upon This Paper,
called the Antidote againFt Poyjon : The Ouvert Acts
towards the Accomplishing this 'CVC&fOn , were
abundantly made out at the Try at; and Undoubtedly
That which was Good Law in the Cafe of my Lord Staf-
ford holds as Good in the Cafe of my Lord Ruffe I : And
Sir William Jones's Opinion in this Point, will weigh cer-
tainly aga 'mft the Opinion of the Author of this Paper.
LfVillany man deny (fays Sir William J ;>nes; that the
Meeting
a Printed-fheet, &c.
and Consulting of fever al men together about
Killing the King, and changing the Government is an Ou-
vert Ad < Lord St-affbrds Iryal, p« 190.3
Here is enough Laid, to let forth the Inconfstencies of
, the f^pofcen, and of the $aper mimm
to the Sheriffs : And the Difagrtements of that Pa-
per with it ielf in fe eral Peremptory Denials, and Point-
Blank Confefjions of the fame thing. That is to fay,
according to the Popular Acceptation of TVords Deliver-
ed with Simplicity and Candour : But then in the True
Proteffant Latitude of ^atsSHgS and 3ScferfcattCn$ ;
The Connexion feems to be perfedlly all of a piece ; And
One Line ferves to Expound, Another • to the Readers
Infinite Satisfaction, that there is Nothing Intended upon
the IVhole , but Fallacy and llluffon $ bating only here
and the ! e a Stricture , where it Cuts upon the Gov. rn-
mint. In few words *, It is a Reproach in the form of
a Vindication • the Panegyrise of a Pedant , inftead of
thtConfefflon of a Penitent. The La [I Prayer and Ago•
nits of a Dying Chriftian, Diffolved into a Floud of Ca-
luwnie-and Bitternefs againit the Church and State;,
and nothing but the Name, to Entitle it to the thing it
Pretends to be : After fo Severeand Needful a Reflection
upon ihhZagabondPaperfoY it fills AH Months and Places,
I reckon it a Duty to Accompany my Zeal for the Pub-
lick, in this Particular , with all Poflibl tjpuftice and Re-
fpeCt to the Memory or the Dead. The Unhappy Circum-
fiances of his Deplorable Fate duly Confldend.
That my Lords Charge was$^£0t>Ct), and his Sentence
according to iftalU, his Lardfhip hath acknowledged
under his own Hand fwhatfbever this Ill-natured Pa-
^rrmay Pretend to the Contrary ) In one P tit-ion to his
Majefty, My Lord does [Solemnly ProteR upon the fVord,
of a Dying Man 3 that he never had any Intention or Thoughs
Confiderations upon
of doing hurt to hit Mfieflits Stored Perfon , however if
gjtttcrfeetatioil Of 2Ute 'tis impm&d to him , And by
his Majefiy fbould he pi. of id to Execute ti)C HtgOUt Of
tt)B JLtCG) upon him; he hoped that God would Enable him,
&G 3 Ln aficond Petition, His Lor dihipflFumbly and for-
roivfully ConfElfCSS his having been Pref'nt at thof e Meet-
ings, which he is COttkftTitti'are CMli&fUl, andjufily
Provoking to his Ma'jefy, But being Betrayed by Ignorance
and Inadvertence , he dud, not Decline them as he ought to
hav done , &c.] 1 have the Chanty to Believe now,
that really according to the Purport of thefe Petitions.
His Lordfhips Great Misfortune was rather an Error of
Principle , then a Fatlioufnefs of Malice : And it is no
wonder, if he were fomewhar deeper Dy d then Ordi-
nary , that had (but too frequently,) rnoft defperate Se-
ducers at his Elbow. What was that Treafonous and A-
theiflical Libel of I Julian the Apoftate j but the very
Scheme of this Conjpiracy , and Calculated for the Mar-
der of the King, and the D ijfolution of the State * And
it was the fame Poyfonous Pcfition that brought this Un.
happy Lord to his Ruine.
As to this P rnicious Paper , I make no qucftion but
my Lord ^tgtTCD it, and that he made it his SDtSJiT, by
Po Doing •• But it holds ft little Congruity with the *\tate
and Ex'genceo f his Lordfihips Cafe, that I am perfwa-
ded (under his Anxious Circumstances) he would have
Signed a Blink upon th zfame T<rms, if the fame P.rfon
had P r fnted it: For there is not one Syllable m't that
Avails him to any purpole Imaginable : It Pretends to
Truth and P lamnefs ; and yet fcarce fix Lines in't with-
Out a Riddle. It pretends to Difcharge my Lord of the
whole Ind'tfment: r\nd yet in feveral Places, either//?-
tricates , or Confff s it. It pretends to Deliver the
whole Truth of the Matter, and yet leaves out the Meet-
ings
a PrintecLflieet, &c.
trigs at his Own and Mr. Hamdens Houfe, where the
great Pinch of the Charge lay. Nay the Fadion had
proceeded lb far to the Captivating of this Honoura-
ble Perfons judgment, that Mr. Montagues Letter to the
Jlordpreaf&er, bearing date Jan. 18. 1678. St. N. that
was Read in the Houie of Commons , takes Notice
how much the Court of France depended upon him ,
for the Crofting fas he calls it) of the Conrt-Meafures.
fMr. Ruvigny's Infractions are by the Means of Will.
Ruffel and other Difcontented People to give a
Great deal of Many, andcrofs all jour Meafures at Court.']
But to come more particularly now to the milerable
Principle that led him to his Deftrudion.
Upon the Mundxy after my Lords Condemnation % the
Reverend Dean of Canterbury , Dr. Tillotfon , gave his
Lordfhip a pioij^and Friendly Vifit- Exprelling the Ex-
treme AffhFion as well as Compaffon that he had for his
prelent Condition; And not without Great Admirati-
onatmy Lords being Engaged ina Misfortune of that
Quality ; But after a little Difcourfe upon the Subjed,
the Dr. was much more troubled, to find that my Lord
was not only Embarqu'd in that Pernicious and wicked
Dtfgn , but Pojf fCd with the Principle of his Qhaplains
\jfulianthe Apojh t ,1 that R ft fiance was Lawful in the Cafe
of Religion ^Liberties and Properties being Invaded', where-
upon the Dr. Applyed himfelf by Argument and C oun-
/e/tothefetting of his Lordfhip rightin that Particu-
lar, with all the Freedom ftendern fs andRefpect Imagina-
ble' And not without Flattering himfelf at la ft, that he
had gain'd his point upon my Lords Judgment, who
promis'd the Dr.at parting,^ bethink himfelf ferioufy of
what he had faid.
The next day Dr. Burnet tells the Dean, that his Dif-
courfe had wrought a very good Effed upon my Lord ,
and
, V , j
zj.3 Confederations upon
and that be was now IT fblved to do Ml that might become a
man und r bisCircnmftances, and to Difcbavge his Gonfci-
enceboth towards God and Man. Hereupon the Dean ap-
piycd h rnfelf forthwith to aPerfon of Great Honour,
with this Account of his Succefs, defiringthat the mat-
ter might be Reprefented to his v ajefty , which was
done accordingly, (and the be ft Office, which in fuch a
Cafe the Dr. could render to his LordfhipJ
Upon FPcdnefday>t\\tt)e?Li\ gave m^Zor^ another Vis
fit, when taking for granted,that hisZ<W/&//>continu-
ed in his Late Refolution,he entertain'd him only with
Preparatory Diicourfes toward the fitting of him for a
better Life.
Upon Friday Morning. , the Dean Adminiftred to my
Lord the Holy Sacrament ,having previoufly Receiv'd fuch
Satisfaction from him, as the Occafion £nd the Duty Re-
quir'd. But afterwards, Mr. Dean finding him waver-
ing, went his way • And about five or fix in the Evening
brought him a Letter, which was excellently well Ac-
commodated and very pertinently Applyed to the point
inQueftion. The Dean Deliver'd the Litter to my Lord
andDificoiirs'd at large upon k,Earneftly befeeching him
to Bethink himfelf, how much it concern'd him not to
leave the World under fo dangerous a Miftake, but my
Lord feemed much colder now, than before , the Dean
however preffing him to Enter into a ftriU and fevere
Examination of himfelf,and fo he departed, leaving the
Letter in his Lordjhif s hand.
The next Morning (being the Day of his Fx cation)
the Dean waited upon my Lord again , when he found
him yet cooler, and utterly D.dining any Occafion of
farther Difcourfe upon the Old Matter. Upon this, the
Dr.D fifted, and Attended him afterwards, and Prayed
with him on the Scaffold: Difcharging himfelf, from firft
to
a Printcd'fheet,
to laft in All the Parts of a Churchman , an d of a Friend. A
True Copy both of theZe/fer,and of the Prayer hereafter
follows,
ffuly 20.168 3.
My Lord,
I IVts heartily glad to fee your Lordjhip this Morning in
thai calm and devout temper at Receiving the Sacra-
m nt, but Peace of mind unlefs it be well grounded will avail
little •' Hnd becaufe tranfsent Difcourfe many times hath
little ejfeff for want of time to weigh and conjider it, th re-
fore in tender companion of your Lordjhips Cafe , and from
all the good tVill that one mancan b*ar to another, I do hum-
bly offer to your Lord/hips deliberate thoughts theft following
Confederations concerning the Points of Refelance,if our Re-
ligion and Rights fhould be invaded, as your Lordjhip puts
tht Cafe, concerning^ which I under food by Dr. Burnet, that
your Lordjhip had once received Satisfaction,and am forryto
fnd a change.
Firft, That the Qhrijlian Religion doth plainly forbid the
Refifiance of Authority.
Secondly ,That though our Religion be Ejlablijhed by Law,
(whichyour Lordjhip urges as a difference between our Cafe ,
A nd th'at of the Primitive Christians) yet in the fame Law,
which Ettabljbs our Religion it is d. clared, That it is not
Lawful upon any pretence whatfoevtr to take up Hrms,&<z.
Rtjides, That there is a particular Law declaring the Power of
the Militia to befolely in the King. Hnd this ties the hands
of Subjects, though the Law of Nature and the General
Rules of Scripture had lift us At liberty ; which I believe
they do not, becaufe the Government and Peace of Humane
Society could not well fubfijl upon thcfeVrws.
Thirdly, Tour Lordjhips Opinion is contrary to th d.cD-
red Doctrine of all Protejlant Churches : and though feme
particular Perfons have taught oth rwije, yet they have been
Q contradicted
50 Confederations upon
contradictedherein and condemned for it by the Generality
ofProteJlants ' And/ beg of your Lordjh'p to confder how
tt tvill agree with an avowed averting of the Protectant RelZ-
giontfo go contrary to the GeneralDoclrine of the Prote/lants.
My End in this is to convince Tour Lordjhip, that Ton are
in a very Great and Dangerous Mijlake,and being fo convin-
cedyhat which before was a Sin of ignorance, will appear of a
much more heinous Nature,a$ in Truth it is,andca(lfor ave-
ry particular and deep Repentance ; which if Tour Eordfbip
(incerely exrcife upon the fight of your Error, by a Penitent
Acknowledgment of it to God and Men, Tou will not only oh-
tain Forgivenefs of God, but prevent a mighty Scandal to
the Reformed Religion lam very loath to give Tour Lordfhip
any difquiet in the Diflrefs Tou are in, which I commiferate
from my heart, but am much more concerned, that Tou do
not leave the FFor Id in a delufion and falfi Peace , to the
hindrance of Tour Eternal Happinefs. I heartily pray for
Tou, and btfieech Tour Lordfhip to believe that I am with the
greateH Syncerity and Qompafjion in the FTor Id,
My Lord,
Your Lordfhips mod Faithful and Afflicfted Servant,
John Tillotfon.
Dr .Tdlot[on s Prayer upon the Scaffold with
the Late LORD RUSSEL.
O Almighty and FfercifuI God, with whom alone c
live the Spirits oj Jujl Men made perfeH,after
they are delivered from thefie earthly Trijons \
Tbe humbly commend the Soul of this our dear Brother in*-
to thy bands,as into the hands of a Faithful Creator , and
mojl merciful Saviour; humbly bejetching thee that it may
be prefms, in thy fight f wafh it/J Lordjrom all if sguilt
a PrintedUfiieet, &c. 5 f
n the blood of the immaculateLamb that was flain to take
away the Sins of the World; Xhat wbatfoeVerDeflemmts
it may hay e Contr ailed in the midft of this "kicked World,
by the lulls of the fiefb,or the wiles of Sat an,-being purged
and done away, by a [mere and unfeigned (Repentance,
through thy Infnite Mercy and Goodne/s in our Lord Je-
fits Chriflft may be prefented, pure and holy, and without
fpot,before thee ; 0 Lordwve humbly hefeech thee to /up-
port thy Servant and Jland by him in this last and great
Contell, deliver him from the pains of Eternal Death,
and faVc him,GLodfor thy Mercies fake,and grant that
all we who firViVefy this, and other In/lances of thy fro-
<~vidence,may learn our Duty to. God and the King , and
that by this and other like Spe blacks of our Mortality, we
may fee how* frail and uncertain our Condition is in this
World,that it is all hut uamty,and teach us jo to number
our days,that we mayferioipfly„apply our hearts to that ho-
ly and heavenly VVifdom While we live, which may bring
us to LifeEverlafting through Jefas Chrift our Lord,
in whofe boly'N.ame and Words we conclude cur Trayers*
Our Father,^.
Having
Confederations upon
Having done this Right to the Truth fay an Impartial
Report of the Matter of Fad ; And this Further Right
to theReverend Dean,toPubliJh the Right that he hath
done to Himfelf in thia HJfair, 1 fhall Super-add this
Note , that he had nothing to do in the Paper that has
made all this Noife; but to Condemn fo much as he
Heard of it. Hnd in Truth \x. was Objerved, that while
my Lord and the Dean were together, they had Neither
Pen, Ink, rior Paper. Now though 'tis True again,
that when my Lord , and Do£f or Burnet were together,
there was Pen, Ink, and Paper called for ; It Concludes
nothing yet as to the Writing of this Paper. It is laid
indeed, that upon Captain Richardjons fpeaking to Dr.
Burnet about my Lords making a Speech ; he was an-
fwered by theDoftor, that My Lord only intended to
Jpeak a tJBO2t)0 upon the Scaffold; Hnd that what he
had to jay dfe, ipe tooulD lea he ro a papzt lie tntcn*
heh to neither to ti)z ^ertfte.
There is more then enough faid in Reflexion upon
this Scandalous Paper ; that takes fo much pains to pof.
fefs the World that this Unhappy Execution was a M ur-
der. There toa# , EfFe&ually, a Marker in the Cafe.
It was in the Law an A Qt of J ufiice : But it was in Him
that P oyfomdthis Unfortunate Gentleman with that S edi-
tious Maxim that brought him to the Block , and that
afterwards Encouraged him to perfift in'c : It was in
I fay, the Bafefl , and the moft Treacherous of
Murders: Had I look upon Julian, with a Refpedt to
this Conjpiracy only as the JrUlIe to the Ct'&ttiple , the
Om mXZCt$ the Rebellion; and the £Dtljer ^rQfcegtt.
The End.
THE
Royal Apology:
OR, AN
ANSWER
Rebel's T pica:
WHEREIN,
The ffioft Noted Anti - Monarchical
T E E T S ,
Firjl, Publiflied by DOLEMAN the Jefuite , to pro"
mote a Bill of EXCLUSION againft King fJMES.
Secondly , Pradifed by BRADSHAW and the Regi-
tides in the attual Murder of King QHJRLES the ijf.
Thirdly ,Republifhed by SIDNEY and the Affociators
to Depofe and Murder his Prefent M E STT,
Are diftin&ly confider'd.
With a PARALLEL between
DOLEMAN, BRADSHAW, SIDNEY
and other of the True-Trotejlant PARTY.
LONDON,
Printed by T. ©. for Robert Clay el, and are to be
fold by Randolph Taylor, near Stationers-Hall. 1684.
T O T H E
READER.
IN the Year 1594.. the Je-
fuit PARSONS publifhed a
Qonference under the Name
of VOLEMeJ^C. The
Defign of which Tarnphlet, as e-
very one knows, was to promote
a Eill of Exclufion againft King
JAMES.
And though the Jefuites malice
was herein defeated, as to the Per-
fon of that King - y yet how much
it influenc'd the Sufferings of his
late Majefty , is a fad ftory to re-
peat. For he who fhall perufe the
many virulent Libels , which firft
occafion'd, and then fomented that
A z urn-
To the Reader.
unnatural Rebellion * he will ea-
fily be inftrudted how that Qonfe<
rence was Tranfcribed and Tran-
fprofed by the Tatrons of the Fa~
Bion : And to fpeak in our Mo-
dern Language , he cannot but
obferve, That the Topijh DOLE-
M<tA is the Oracle of the
T%VE-T%OTESTA^T
Party*
Now that this may not be re-
jedted as a flandering Defign, on-
ly to make them odious to Au-
thority as is commonly Objedt-
ed ; i have here drawn for the
Readers fatisfadlion, a fhort P A-
R A L LE L between Doleman ,
c BradJkawp, Sidney and fome o-
thers. Upon perufal of which
it will plainly appear, that the
Jefuites
Po the Reader.
Jefuites Principles, as managed
by Pradfhaw and the Regicides ,
did cut off the Head of King
CHARLES the firft.
And fince the fame Principles
have been tr. ibed by the Bre<°
thren of the / CKIATIOi A( •
we have j ft realbn to fufpecl: the
famePraBtces likewife : And that
thofe who defend the Murder of
King CHA RLES the firft, would
doubtlefs, if they had Power in
their Hands > Depofe and Mur-
derKing CHARJLES the Second.
if any Republican {hall think
fit to doubt that the following Dif-
courfe is either Partial or Z)ncon*-
concluding , i.e. that J have either
faid fomething that is falfe, or elfe
have omitted in any Inftance, the
ve^
To the Reader.
•very Strength of their Caufe, let
him make known his Grievance.
And 1 do here faithfully promife,
upon fuch notice given > I will
(through Divine Affiftance) en-
deavour his Satisfaction.
THE
THE
CONTENT S-
THe Occafon of this Treat ife 5
Pag. ! o
Which Confifts
Of an n hjeBion p. 3. and its An-
fwer p. 5.
Containing thefe Particulars, viz,.
The Cjovernment of England not a
mixt Monarchy p. 6 .
The I\ing not one of the three IL
flates p. 16.
In what fence the Kfng of England
is an Ahfolute Monarch p. ip.
And how be is Limited p. 4.3.
That known faying of C B A C-
T 0 Lex facit Regem how *
to be underfood p. 20.
That other controverted Taffage ,
Rexhabet Superiorem, Deum
: &
■
The Contents.
& Legem, etiam & Curiam,
largely confidered p. if ad p.
37* . 0 ,
Of the Coronation Oath p. 58.
Of the lyings Prerogative p.+7.
THE
'^vr" "■v
the
Hlopal apology:
O R, A N
ANSWER
TO THE
mebcls $ I € a.
ALthough the things Title to his
Croypn and Dignity,together with
his juft Right and Authority, oyer
all tperfons and in all Caufes , are beyond Ex-
ception eftablifh'd, by the Ordinance of
God , and the known Laws and Conftitu-
tions of thele Kingdoms; yet fo far hath
*Prejudice , or fomething worfe, prevailed
with fome Men (and thole not of the mea»
nefl: Rank) as to fuffer themlelves to be led
into a Belief.
B That
The %oyal Apology.
That the Original of all Government is from
the Teople 5 and that' the Power which
Kfngs and Princes have, was derived unto
them from the People by way of Pacl or
ContraB. Particularly, That the King of
England ( as appears from his Coronation-
Oath) having iolemnly engaged co his Peo-
pie, to maintain Religion, to execute
Juftice , and to keep the Laws and right-
ful Cuftoms of $ie Kingdom 5 upon thele
Conditions was admitted to the Kingly
Power. The which Conditions if hefhall
omit to obferve ( and of this.they them-
lelveswill be Judges) they then fancy ,
that he hath forfeited his Crolpn ; and that
the People who fit ft made him JQrig may,
by their peprefentatives in Parliament, de-
throne and Tepoje him.
That this is the Scheme bf fome Mens
Policy, the many Treafonable Papers,
finch as, The Afjociation, Vox Populi, Appeal
to the City, Coll. SIDNEY'S Papers, <&c. to-
gether with the late horrid Confpiracy groun-
ded thereupon, do fuificiently demon-
ftrate.
And therefore I hope it will be no un-
feafonable Undertaking - } but may, through
Gods
The TZgyM Apology.
Gods Bieffing, contribute iomewhat to (e-
cure the King's Liege-People in their due O-
bedience, whilft I endeavour to evince th^
Falienefs and deftrudtive Confequenees of
thefe Anti-monarchical Principles.
Which that I may the more effe&ually,
and with the greater clearnefs perform, I
Fhallfirft lay down the utmoft Strength of
their Caufe in one intire Objection , and
then endeavour their fatisfa&ion in the fol-
lowing Anjwer.
OBJECTION.
THE Government of England is a mxt
Monarchy, conffing of
King, Lords and 'Commons: And therefore the
Kjng of England is not an Abjolute, but a li-
mited Monarch ; and as Such is to govern by,and
according to, the Laws of the Land, and not 0-
O ' J . -
thermfe : And by the Oath which he hath taken at
his Coronation, he is obliged to ufethe Power,
Truft and Of fee then committed to him, for the
Good and Benefit of the People , and for
the preferVation of their (Rights and Liber-
ties.
B % ' -How
4. The %py<*l Apology.
NoV> if the Kjng, thus entrufted to keep the
Laws, and preferVe Religion, fhould beguil-
tyof a wicked Befign , to fubvert our Laws,
and deflroy our Religion, by introducing-an ar-
bitrary, Tyrannical Government; he mufl then
underjland , that he is but an Officer of Truft:
Aid the Parliament of England ( the 1\epre*
fentatives of the People, in whom all Power doth
originally re fide) they are to take order for the A-
mmadverjhn and Pumfhment of fuch an offend-
ing Governor. Parliaments ivere ordain d to
refrain the exorbitant Power of Kings, and to
redrefs the. Grievances of the People.
It is Very true, what fome have faid , Rex
non habet parem in Regno. 'But this is to be
under flood in a limited Senfe: for though ma-
jor fingulis, yet he is minor univerbs. This
V>e know to be Law, from that famous Lawyer
BRACT ON : Rex habet Superiorem ,
Deum &c Legem, etiam 8c Curiam.
Which is thus Interpreted by Mr.
SIDNEY.
For this dfeafon Bradton faith; That the
King hath TJ?ree Superiors, to Toit, Deum,
Legem 8c Parliamentum; That is , The
Po^er originally in the People of England, is
delegated unto the Parliament. SIDNEY'S
Tryal, pag. 2 This
The %ojal Apokgj.
This is, as I conceive , the Sum of all
that hath been, and theutmofl of what, I
fuppofe, can be (aid in this matter. T®
which I return this
ANSWER.
THAT this Phrafe a mixt Monarchy y
though fomewhat frequent in the
Mouths of thefe Men, is yet no very
plain or intelligible Expreflion.
For, if by a mixt Monarchy, they defign
fuch a Government, wherein though the
Supream Power may refide in one (ingle
Perfon, yet the Monarch is lo limited in
the Execution of that Power, that he
cannot legally perform fevefal ACcs of
Soveraignty without the Concurrence of
bis Subjects (as with us here in England ,
the King neither makes LAWS, nor doth
raife Taxes without his Parliament) if this
be the utmofi they defign, when they call
England a mixt Monarchy j then, chough the
Expreflion is very improper ( an arrand
{Bull , a flat Contradiction in adjeHo ) yet
where we are agreed in the Thing,we fihall
not contend about VTords ; but may iafely
grant,
I -
% The %oyal Apology,
grant, that in this Senie,as now explained, [g
The Government of England is a mixt M&-
narchy.
But if by a mixt they denote fuch a
Monarchy , wherein though the Style and
Title of King, together with lome Ce-
remonious Appendices of Royalty, as
Ca$ and Knee, Guards,See. are indeed inve-
fled in One fingle Perfon , yet the Supreme
Power and S overaignty is not folely and in-
tirely in the Monarch, exclufively to all
others ( as with us here in England , fay
thefe Men, the Soveraignty by way of
Coordination , is partly in the King, partly
in the Lord;,and partly in the Commons, and
for thi realon they are ftyled the ftifylZZ
of the Kingdom ) if this be their
Notion of a mixt Monarchy (as moft plain-
ly it is, if Aclwns may interpret Intentions)
it is then not only falle and abfurd , but
dangerous and deftru&ive. And there-
fore in this Senfe we do peremptorily de-
ny ; That the Government of England is a
mixt Monarchy.
For , The Supreme Power is folely in the
King ; and confequmtly the King is not,by way
cj Coordination, One of the &1)}ZZ CftatC# ,
but
111
The Tipyal Apology.
but th HEAD and Soveraign of them
all
la order t-o his Conviction, the Difjent-
ing ^publican , who denyes this Truth,
may pleale to confider,
That he who fhall defire to inform
himfelf rightly, where the Supreme Pow-
er in any Government is plac'd 5 as alfo by
whom , how and how far fuch Power hath
from time to time, been either exercis'd or
reftrain'd he mull of neceffity have re®
courfetothe P nblick haws and Conjlitutions
of fuch Government. Particularly here
in England , he who defigns to be truly in-
ftruCted in this matter; he muft not re-
ceive his notice from the Difcourfes of
private men (which are many times fallaci-
ous, partial and uncertain) but he ought
to confult the Known Laws and Statutes
thofe Juthentick Records of the King-
dom.
Now the Oath oj Supremacy , efhablifhli
by feveral Parliaments, doth expreOy De*
clare ; That the Kings Highnefs is the.only Su-
preme Governor of this, Realm, and of all otlyer
his Highnefs Dominions and Countries, as Vrell.vn
all Spiritual or Ecdejiaflical Things or Caufes,
as Temporal
Wardi.
7
i:.f
"k.
m
1 ' ly
I
n
m
8 The %oyal Apology.
Words as plain and intelligible as the
Wit of Man could devife.
From whence 'tis obvious to make this
Inference ,•
That if the King is Supream , then he
hath no Superior ; if only Supream,then no
equal. If over all Perfons (and as fuch the
5 5 th.Canon enjoyns us to acknowledg him
in our Prayers ) then All Perfons in thefe
his Realms, and all other his Dominions
and Countries,are fubordinate or S ubjeB un-
to him , and if fubordinate , then none of
them, either fever ally or joyntly are coordinate
with him.
Now is it poflible, after fo plain and
exprefs a Determination, for any Man to
doubt ^ That the Supream Tof^er is folely in the
King ? I obferve it is poflible : for, fome
Men who will not be fatisfy'd with Rea-
fon, do thus urge.
That the Oath of Supremacy> being ex-
prefly levelled againft the Ufurpations of
the Church of Kome , was confequently fo
fram'd as to difcover thofe who are Po-
pifhly affedted.
For, the Perfons taking that Oath are
obliged only to Declare ; That they Re-
nounce
The %oyal dpology. p
nouncc all Foreign Jurisdi&ions: i.e.They
do (wear ] That the King of England is no
Feudatory Prinoe, and that he holds not
his Cr oTtm in Fee , either from the Tope, or
any Eoraign Power whatfoever. But what
is all this, fay thele men,to the Parliament*
Or, how comes this Oath to be urg'd a-
gainftthe Jurisdi&ion of the Hbo Houjes
Since in thole very Statutes in which this
Oath is enjoyn'd, the Legiflative Power
(which doubtlels is the Supream Power) is
exprefly Eftablilhed in the Parliament, as
well as in the Kjng , in thele Words.
<Be it Enabled by the Kyngs mo(l Excellent
Majejly, the Lords Spiritual and Temporal and
the Commons in this prefent Parliament ajjem-
bled , and by the Authority of the Jame.
Lords Spiritual and Temporal and the
Commons do Enaft joyntly with theKing,
and therefore have a Coordinate Power.
To which it is thus Reply'd.
That when this Oath of Supremacy was
firft framed, the Pope being then the moll
noted "Ufurper , was for that reafon more
particularly mentioned than any other;
but from thence to infer.
That it was delign'd , by way ©f Tefl,
C to
i o The %pjal Apology.
u)r.n. to difcover Tbofe , who arc P opifhty-affc-
3 ^.2c.3. trm, ts a very great Miltake.
For, the Supremacy of the Kings of
4c'4.6^ England , being the chief flVero£rth>e of the
4 ' 8 c'?2 4 C rQ ^ n -> was a ^ Va 7 s challenged and main-
aj^.s.c'.tain'd by (a) P opijh Princes as well as Pro-
> (T ) as appears by thefe feveral
paru T. $ iaUltes ^ ere mentioned in the Margent.
M " £/'- ^ ie * ntent ^ ien t ^ s was not
e.r. s euz . to difcover who are Papifts , but in plain
fed!/"Terms, who are Traitors : And therefore
let Mens Pretences to Religion be other-
wife what they will ; if by ktirpling this
Oath , they refu r e to give affurance to the
Government , that they will be honeft and
loyal, they are to be efteem'd , if not
Traitors , yet at leaft _ 1 rayteronjly aflh?-
&ed.
And whereas they further urge , That
the Coordinate Power of the 'Parliameitt is no
way condemned by this Oath ; which on-
ly takes notice of a Foraign Ufurpation ;
They are for their iatisfadlion, deiired to
confider,
That, (ince rethim est Judex [tit & obliqui,
Domeftick Ufurpation is hereby excluded
a$ well as Foreign ; The Soveraignty of
tk
■Q-
Tfac jtyal Apology. \ i
the People as well as of the Pope.
And as to that which is pleaded from
the Form of the Statute , by the Authorit y of
the fame 9 as if the Lords and Cmmms did
by their Authority, make and enact Laws
joyntly with the King j To this I do hum-
bly Anfwer, That this Exprefiion, if du-
Jy confider'd, doth not in the lead: favour
the tyfMcan Fancy of a Coordinate Pow-
er.
Which I fhall beft exprefs to <vulgar
Capacities ( for whom this Difcourle is
chiefly defign'd) thus faithfully by repre-
fenting the Matter of Fail.
Although the Ltgiflative Power is filely
in the King, yet His Majefly doth not make
Laws, without the concurring Advice
and Approbation oi his Subjects ; For the
King, like other Men , being mortal and
of limited Capacity , is neither cmnifcient
nor ommprefent. He cannot be in all Parts
of his Dominions at one and the lame
time, and conlequently can no otherwile
be acquainted with the Grievances of his
Subjects , but by the Reports of o-
thers.
Tofupply this Defect, he calls whom
C i he
r z The %oynl Apology.
he pleafeth (fuch as he thinks able and # ai
faithful to aflift and direct him) to be of ApP J
his Privy Councel ; whofe advice he takes I" 1 ®'
, in the Execution of thofe Laws which are
already Eftablifh'd. giant
But fince all human Laws are liable to Latf
Defe<fts(for it is the fole Prerogative of Gods Bill,
Law, as being the refultof Infinite Wif-
dom and Goodnefs, to be exceeding broad ; in th
to be fitted to all times, and to anfwer all W
occafions) it is therefore fometimes necefi- arid
fary that new Laws Ihould be made , and T
the old ones either abrogated and nulfd-, or whe
elfe reinforc'd with greater Penalties. this
In fuch Cafes, according to the happy jm
Conflitutien of thele Nations , the K ing Lor
fummons his Great Council; the High and fa
moft Honourable Court of Parliament - fa
The Lords Spiritual , the Lords Temporal and |
the Commons; Reprefenting the Three EJlates
of the Kingdom; Who coming from all
Parts of the Nation , arebeft able to in- j
form His Majefty of the Grievances of his £
Subjects; and by what Ways and Me» fj
thods they may moll fuitabjy be re* ]
drefs'd. ,
In order hereunto; when any Propofal,
The ^Rpyal Apology. 1 3
or as we phrafe ic any Bill , hath pals'd the
Approbation of the Two Houjes ; it is then
humbly prefented to the Tftng for-his Bpyal
Jjjent. Which if His Majefty- thinks fit to
grant, then %t KO'g It foeillt, makes it a
Law : But if the King (hall diflike the
Bill, he then rejects it, with a %t nc
tCUlt, the King will not pafs it; orelle
in that more obliging Form of Denyal,
Hie , the King will confider
or advile about it.
This is the plain matter of Favb From
whence 'tis very eafie to underftand, what
this Form of words, By the Authority of the
fame doth import, Vizp not of the (ante
Lords and Commons (as if either' Lords or
Commons had an Authority-corvtradiftindfc
from, or coordinate with, the Kpng) but!
by the Authority of the fame Parliament j .
The which Parliament, as Sir Edw, Cooke
(a) informs us, confifteth cf Te Kfings Cap. i.f.
Majefiy , fitting there as in his fioyal Politick
Capacity , and of the Three Efiates of the
Bp aim, viz. The Lords Spiritual, the Lords
Temporal and the Commons. So that in Pro-
priety of Speech,neither Lords nor Commons
(though in a vulgar Senfe, and to fome
purpofe,
The %oyal Apology.
pur poles, they are fometimes To called )
I fay neither L ords nor Commons R ri^tly and
properly are a Parliament without the
Jf\jng ; who jummonutg them by his Writs j
and pre filing over them as their Head, ani-
mates and informs them, and makes them
a Legal (parliament, who otherwife, with-
out the P{oyal Summons , would be no bet-
ter than an unlawful and riotous Convea-
tion.
The Lords and Commons have indeed an
Authority , to meet and (it and debate as
a Parliament; But they have this Authority
folely from the K ing , and not from Tl)em-
felves or from the People : For, the King
Calls them when he pleafeth, and fo makes
them a Parliament; and he D ijfohes them
when he thinks fit, and fo makes them
none.
Again, The Lords and Commons have
an Authority , but not to E na£l or make
Laws ( for the Words , Beit enabled refer
only to the King) but to adVife and con/ent
to luch Laws as fhall be made by the
King: And therefore this Phrafe, Beite*
nackd by the Kings mojl excellent MajeJly , the
Lords Spiritual and 1 emporal, and the Cotrmons
in
The %oya! Apology. i f
in (bis prejent ^Parliament ajfembled , &c. hath
anE Uipfis in it; and is to be read thus. Be
it enaBed by the Kings moft Excellent Ma-
jefty , by the Advice and with the Confent of
the Lords Spiritual and Temporal and the
Commons in this Parliament aflembled,
Zsrc. Advice and Confent though for Brevities
fake they are not always exprefs'd, yet are
{till to be underftood.
And tor the Truth of this, I appeal to
the Form of our ant lent Statutes (as alio to
iome modern ones) and that not only in
the Title , but alfo in the Preface and San-
Bion of them. For till the tirae of Henry
VIII. the words Advice, AJfent or Confent
were never omitted. As appears from the-
Statutes themfeives , to which recourfe to-*
be had.
From thefe Premifes it plainly appears,.
That the Supreme Polver is Jolely in the Kbtg->
and. That the Tvoo Houfes of Parliament
are (not Partners in the Government but)
his moft Dutiful and Loyal Subjects; as
in all their *Petitions moft truly they do
ftile themfeives. And that this Form in
our Statutes , (By the Authority of the fame,
when rightly underftood , doth neither
6 The %oyal Apology.
give them Title to make Laws, nor per*
form any otherA<5t of Soveraignty, which
may countenance this Fancy of a Coordi*
nate Poorer.
The next Pretence of thefe Republican
'Tolititians (which I find they often urge in
vindication of the late Rebellion) is this;
That the King is One of the Three Ettates ;
and from thence they infer : He hath but
One fhare in the Government; and that
the other Two are Co-partners with
Him.
The which Suggestion being apparently
Falfe , I fhall need to fay the lefs in it's
Confutation , eipecially being lo happily
prevented by a late Learned Hand, Vi%.
The Grand Quef ion concerning the Pi fops
%igbt,Stc. . t
The judicious Author of which Trea*
tife having firft premiled ;
That the whole Parliament affembled, are;
thebeft Judges, which are the Three E-
fates in Parliament ; and that their Autho-
rity is more to be valued , than that of a-
ny particular Perfons, whether Lawyers
or others ; He then, in many Inftances,in-
forms us from the Parliament Rolls and
publick
The c Rpyal Apology. i y
publiek Records of the Kingdom ; That
the Three Effaces are the Lords Spiritual ,the
Lords Temporal and the Commons.
Inthefe Records we read of Impeach- 2.
ments made Mo?e tf|C Etttg, ant) alU^t
C£(tatC$of tfyz lEoaltn. Of Commidions
appointed bp tfyZ pZZV$ att& 2L>0$&£ R. 2.
tuai ant) €^etrvpo?af, ant) ttie Commons of
tbe&ingbom ,repje&nting ail ti|e states
of Btngbom.
Of fuch and luch things , aftbtfet) ant) 6 H. i>.
appointed bp the Qufymty of the Mn%,ah n - 24-
renting tbe ®i#ee' €ftate0 of tbte Beaim*
The -Duke of Bedford appeared in Par- n h , 6.
liament tztOlZ 1 1()Z fttng ailt) tjje €> "• I0 -
Itatc^ of tijte Ecalns,
In the Parliament 1 H. 6. The Queen
$b$kger, in her Petition , mentions the
■Rafificdion made m- Parliament,9 H. 5.. and
faith • lit brns not onip ftoojnbp tbe Btng,
bat bp tyz -C^ce deflate# of tbe Ifttngboro
of Cnglanb, i:e. bptfte Relates, #oblcgi
ants othet <&mfozt&, ant) bp fyz Commons
of t^emcaXrnof ^ngXana.
And to add one Inflance for latter times
in the P arl. 1 Elt^.cap. 3 . The Lords Spiritu-
i d, theLords Temporal and the Commons declare,
D Cljat
"X
18 The T{oyal Apology.
Cj&a't ttje^ Do repjeleut in parliament tip
Cffeee cEUatejs of t$e lEealrn.
With feveral others which I (hall not
mention , but refer all thole , who either
want or delire latisfadtion , to the Book
it felf.
And as to my plain,honed Reader, who
hath neither ability nor opportunity to
confult thele P ubhck R ecords, I fhall delire
him to open his Common-Vrayer^Book. ; and
to turn to the Office for the jth. of No-
Member. In the Preface of which he thus
reads, A Form of Prayer irith Thanksgiving— j ,
for the happy Deliverance of tip Hing, anti tip
CipeeCftatesspf t^elftealm* And in the
Collect before the E piftl'e, We acknowledg
the Power, Wifdom and Goodnefs of
God , in preferring tip &tng > anD tip
Cipee Cftateg of t^ig l£ealmal&mi)ie& in
Parliament
It thus evidently appearing ; That the
King is- not One of the Three E pates , and
consequently , that his Anthority is not li?
mited or redrain'd , by the Coordinate
Power of the other Two ; we may with
better alTurance proceed to examin the
Truth of their next Suggedion, vizi That
the.
The %ojal Apology.
the Kwg of England is not an. Jbfolute Mo-
narch.
In which Inquiry, leaff I flhould dimi-
niflh the Kings juft Right and Prerogative on
the one hand, or encroach upon the Sub-
je<5ts Freedom and L iberty on the other, I
muft neither affirm nor deny without due
Diftindtion.
Now the Kings Power and Authori-
ty doth admit of a Twofold Confidera-
tion.
For, either we may obferve it's efficient
Caufe , the Spring and Fountain from
whence it flows 3 - or elfe may take notice
of the Execution and Jdminiflratim of
it.
As to the Firft of thefe •;
If the Queftion flhould be asked;
whence hath the King this Power to Rule
and Govern thefe Nations ? Who gave
him this Authority ?
To this a jofb Anfwer may be fugge-
fled from His Majefties Royal Motto ;
D1EU ET MON DROIT , mid
my Birth-right have given me thefe King-
doms.
D i v If
2©
iRii!
Mifl
I !il
rallf I
P'Ji l? 1 ' ■■
Mi
ii
Hi
Hi
:
■ 1
I I
Lib. i c
7- 5
The %oyal Apology.
If it further be demanded , How 'Birth-
right doth Entitle to a Crown ? 'Tis then
truly replyed That it is a Fundamental Law
of England, That the Crown doth defcend to the
next in Flood'; E ngland being not an LleBiye
but an Hereditary Kingdom.
And from hence we are occafionally
inftrudted , how to underftand that Con-
troverted Flace in FraBon (which I there-
fore mention becauie I find it repeated
with great Triumph inieveral Tamphlets)
■ Lex facit R egem ; the Law makes the King-
and Lib! T he Law , i.e. The Law oj Succesfwn. In
3 , c. 9 . f. which Senfe doubtlefs my Lord Cook (as I
l '° 7 ' have fomewhere read) told King James y
That the Law fet the Crown upon his Head.
And it is the fame Law that fet the
Crown upon the Head of His Trefent Ma-
jefty-
For though His Majefties perfonal Qua-
lifications deferve a Crolrni 5 yet it was not
any Acceptance or Cmfent of the Feople , ex-
prefs'd at his Coronation or otherwife, but
it was his Firth-right only which made him
King , becaufe Son and Heir apparent of
King Charles the Fir//.
This is the full Import and Meaning of
that faying of FraBon. But
The Apology. z x
But now from hence to infer (asfome
canting. Tolititiam have done) That becauie
The Law, in this Senfe as now explain'd ,
makes the King 5 therefore the Law is Superi-
or to the King 5 therefore the Law hath a Co 3
erciye Tower o~ver the King 5 therefore, Jj the
King frail neglect to Dijcharge his Trust, the
Tarliament of England (who are not only the
higheft Expounders , but the fole Makers ojfrffrfr
the Law) can by that Lay? Hohich made him
King , e'en fur e and condemn him for his JSleg- **•
left. I fay thus to infer , is not only falfe
and explofive in it felf; but Treafonable to
the King, and Vefruftiye to the Kingdom :
But of this, God willing , more fully in
it's proper Place.
It may fuffice at prefent to obferve, that
the Crown of England is an Imperial CroMm,
i.e. Such a Crown which as to the Coerciye
part , is not lubje<5t to any human Tlibu-
nal or Judicature whatfoever, as moft
plainly appears from our Lawbooks and
Statutes.
It was afferted in our Laws in theTime
of King R ichard the Second, That the CrOlDn 16 2.
of Cnglanfc hatl) keen fo free at all time#, c 5 *
t^at it $at^ tieen in no earthly subject
TION
Z2 - The %oyal Apology^
tion but immediately subject to
GODi, tit all tUtngs touching tbe Hegaltp
of tbe fame Croton, anb to none otbcr.
24 h. 8. And in 24 H. 8. it was declared in Par-
c - 22 - Lament, That t^t'0 Eealm Of Cltglattt) t<S
an Empire, ant) fo batb been aceepteb in
tbe i^ojlb, gobcrn'b bp one Supreme
$eab ano latng, pabtng tbe IDignttp anb
JSopal relate of tbe 3impertal Croton of
tbe fame; unto tobom a 2$obp ^oltttcfe—•
of Spiritualty anb Cempojaltp, been
bounben ant) otoen to beat next to god,
a natural ant) bumble SDbebtence*
25 h. 8. And 25 H. 8. It is Declared • Toat
c.21. cbfe Eealnt, recognising no superior
under GOD, but only the king,
batb been, anb t£ free from Subjection
to any man's tLaw, but only tofucb a?;
babe been bebueb tottbtn tbe fame,
1 Elig. cap. 3. & 1 Jac.c. 1. which are very
pertinent to be perilled , in confirmation
of thele preceding Statutes.
And if private Authorities may not
feem fuperihrous after the recital oi fuch
Juthent'fck Records , I might largely con-
firm this Supreme Independent Tower of the
King, by the repeated Teflimonies of our
mod eminent and noted Writers. But
The %qyal Apology, 1 3
But becaufe I would not be too tedious,
I fhall mention none but the (©recited
Brablon Lord Chief Juftice under Henry
the yd. And I the rather take notice o(
Hittij becaufe lome paflages in his Works
have been perverted and abufed , by the
IGNORANCE or MALICE of ill defign-
ing Men.
From this Learned and Judicious An-
thor we are thus inftruded.
(a) All Eytnks and Vegrees of Men are (a )~om-
fubjeH to the Kfng; but the J\jng himfelf is "fib Iff®
under none but God. There is none equal to
him, or coordinate with him in the Kjngdom i
fuch a fancy being wholly inconfiflent with his nm autcm
Kingly Power (b) And if any Man
hath occafion to implead the Kjng ffince no Writ tf "
can be taken out againft him) he mufi then pro*P reCe P tm °
ceed by Tt>ay of Edition. (But if the King pall (b) si
fill re fife to do him right, it Till be fufficient pfmur/°
punifhment for him to expeH the Lord as an
Avenger. cmri *p-
fun) locus
crit fuppli-
cation} quod fxftam fuum corrigit &~emendet, quod quidtm finon feccrit, fatrc fuf-
feet- ei ad pAiam quod Dominiim txpeftet ultorem.
Ncrr.o quiieni do faclis fuis prxfumtt difputare, multo fortius contra fatium fuum
venire.
Vid. Bradon de Leg. Ang. Lib. i.eap. 8, Seft. 5. fol 5,
Toubtlefis
zq. The %oya Apology.
'Doubtlefs no man fhould pre fume to cjueftion
the K ings Actions ; much lefs to oppoje them by
force.
And in his jth. Book de Defaltis Cap. t > .
SeSi. 3. he fpeaks the fame Language.
For having put the Cafe, J hat if the
King being Petition d to redrefs the Grievances
of his Subjects , fhould yet neglect to grant
them Juftice , frhat further courfe the Sub-
jebi might take for his Relief? He Rules it
thus.
(0 (c) if the King, who is bound to admini-
mfinw fl er J u fi lce to bis uvmofi Poller , will not recal
hof fuZ the tpron f> upon a falfe Suggeftion ; in this
m rp'.Ui- cafe he injures his Subjects, but no body can force
Tedzoiln-him to do Right; becaufe he hath no Superior
Tin yd*but God only. And it is fuffcient that we f?all
*mem ej/i.haVe a day of hearing hereafter at a Juft Tri-
cum in)u- bunal.
"nffir V- Lib. 1. c. 24. Se<5b 1. p. 55. &r
S te S- lib - 2 - c - 17- Sea. 5. p. 87. & lib. 3. c. 9.
butdefcHfi- Sedt. 7. p. S07.
re, ex ' 1
tunc erit
inmritt ipfius Domini Regie, nec poterit ei necejjititem Aiquis imponere quid Win
corrigat & emendet ni/ivelit, cumfuperiorem non hibat n\fiDeum, &J<ttis trit Hit
pro p.ettaquod Deum expeclet ultorem.
Bntlsn Lib. 5. de DrfAtis c 3. Seft. 3. fol. 368,
But
The %oyal Jpolcgy.
But here I am Allarm'd with that no-
ted faying of this Author; Rex hahet Supe-
nor em y Deum & Legem etiam Curiam.
And there is fcarce, a Pamphlet , preten- Vid.
dinn either to L aw or Latin , which dothctl d " e f s
■ i • i • r- r ^ r~i Tryal p.
not triumph in this Sentence or bracton. 2l .
I am therefore obliged, for their fakes who
may otherwife be misguided, to endea-
vour the full Sence and Meaning of thefe
Words.
In order to which Task , and that he
may the better apprehend the clearnefs of
my Anfwer, I muff trouble my Reader
to perufe the whole Section.
De Chartis Vero Regiis CjrfaBis Regumjwn
debeninec poffunt Juftkiarii, nec private per-
Jon it difputare ; nec etiam ft hi ilia dubitatio orb-
atur, pofjunt earn interpret art, ztr in duhiis (or
ohfeuris j Vel ji ah qua diElio duos continent hi*
telleSius Domini R egis erit expeffanda inter pre-
tatio & "Voluntas , cam ejus fit interbretari, cu-
jus eft concedere, & etiam ji omnino fitful fa
propter r a fir am , ye I quia forte fignumappoji-
turn eft adult erbium , melius C jt tux ins eftquod
coram ipjo Re^e procedatur ad Judicium. Item
nec fa hum Kegis, nec chart am potefl quis ju-
die are , it a quod factum Domim R^h irritetur.
E " S ed
■
i6 The %$yal Apology.
Sed dicere potent quis , quod Rex Juft'itiam fe-
eerit y is bene, Is ft hoc y eadem ratione quod male,
Cjr it a imponere ei quod injuriam emendet, ne inci-
dat Rex cjt Juftic. in judicium <■v'cventis T)ei
propter injuriam. REX AU.TEM HABET
SUPERIOREM, DEUM. S. ITEM
LEGEM, PER QUAM FACTUS
EST REX. ITEM CURIAM SUAM,
Yi%. Combes, IBarones, quia Comites dicuntur ,
quaft focii Regis, Is qui hahet Socium, /;^£et
Magi ft rum , cr- A/eo ji Rex fuer it J me fr<eno y
1.e. Jine Lege, dekwt ei franum ponere , w7*
ipfunet fuerint cum Rege fine fine no , is tunc
clamabunt fubditi is dicent, Domine Ibeju
Cbriftein chamo is* frxno maxillas eorumcon-
ftringe , quos Dominus, <~vocabo fuper eos
gentern robuftam Is- longinquam is* ignotam y cu-
jus lingua?)} ignorabunt, quae deftruet eos y e-
'pellet radices eorum de terra, Is* a tahbus judi-
cabuntur , quia fubditos noluerunt juHe judi-
care, cr in fine, ligatis manibus Is pedibus eorum y
mittet eos in caminum ignis is tenebras extern-
m, erit fetus Is ftridor dentium. V- Lib.
2. c. 16. L. 3 fol. 34.
This is the whole SeElion , in which that
controverted Pails ge,Rex balet Svperiorem,
&c. is contain'd.
Now
The %oyal Apology. 27
Now as preparatory to a juil Explica-
tion , it will be pertinent to coniiaer thefe
Tleo Things.
Firfi , 1 hat all difficult and obfcure pla-
ce^ in any Author, ought to be determi-
ned by luch as are plain and obvious; but
not e coriverfo. And 1i ere* ore,
Secondly , When we doubt of the true
Sence of an Author, it is much more mo-
dejl as well as charitable , to confefs our own
Ignorance, and to fay , we do not know
what he means, rather than to calumni-
ate and miftake him , by affixing luch a
Sence to his Words as he never intended.
And confequently , it might be a luffi-
cient Anfmr to affirm; That hnce our
Braflon hath fo plainly and fo often told
us; That the King is under none but God. That
all Orders and Degrees of Men are Subject to
the King. 7hat he hath no equal much lefs Su-
perior. That no man jhould prefmic to queft 'm
his Atiions , &c. It evidently follows;
That whatever can be underftood by
this Curia (whether Lords or Commons) yet
this Curia is not Superior to the King : It
neither gave him his Authority at fir ft, nor
hath the leaft fhadow of a Coercive
E 2 Pow-
The %oyal Apology.
Power, to limit and reftrain him. For
certainly that cannot be the meaning of
Bratton , which he hath fo expredy con-
tradi&ed in other parts of his Works.
But that I ma) Anjwer as well as Evade, I
now come to explain,, what I think to be
the true Sence and Meaning of thele
Words, Rex hahet Superiomn, See.
The -Subject matter of this Second Book
of BRACTON is,De acquirendo rernm Do-
minio. It explains the nature of Legal Ti~
ties - y and lets forth the feveral ways, by
which a man may acquire fuch a Right
and Property in the thing poflefs'd as to
call it his own. And amongft many o=>
thers, DONATION as being the chief,
is more particularly conlider'd by him.
Now thefe Gifts or Grants (as he tells
us in the beginning of this i b Chap.ScH. 1
punt hi Jcriptis, pent in Chartis, ad perpetuam
memoriam , propter hreVem hominum wit am, &
tit faciiius prohari pofpt Donatio. They are
for Mortalities lake, put into Writing ,
that fo the Dome (fihould his Title be que-
ftion'd) by the Evidence of fuch enrolled
Deeds , may fecure his Polfeffion.
Of thefe Grants or Charters, fome are
The %qyal dpology. ap
made by the Jfjng 5 others by [myate Men.
And having largely difcours'd of thele
private Charters, SeSt. 2.4. and fo on ;
in this intermediate ^d.SeCt. he more parti-
cularly gives us his Judgment de Cbartis
<1\egiis 5 which by way of Eminency are
{tiled Charters.
De Chords Vero ^egiis is factis ^gum^non
dehent nec pofjrnt Jnstrciarit, nec private Ter*
(on# dfput are : Neither the (a) JuHiciarii nor
private perfons, have any Commiffion to are here
difpute the Kings Charters • or to queftion veAnt 'h
any other of his Majellies Proceedings, fticiarii,
Necetiam fx in ilia dubitatio oriatur, poffant eam let tloe
interpret an : For where the Royal Grant is
doubtful and obfcure, it would be pre- l * w de-
fumption in them to pretend to explain it.
Et in dubiis is ohfcuris, Vel fx alic[ua diftio
duos continent intellects, Domini ^egis erit ex-
pectanda Interpretatio is Voluntas; cum ejus jit
inter pre tari cups eft concedere..
But if any part of it be ambiguous,and
doth admit of a double Senle , than the
Kings pleafure ( fince His Majefty who
firft made the Grant beft knows his own
Mind) is the fureft and moil authentick
Interpretation. Et etiam fi omtino Jit falfa
propter
The %oyal Apology.
propter rajuram , W quia forte jignum appofi-
turn eft adulterinum , melius &r tutius eft quod
coram ipfo fege procedatur ad Judicium.
Moreover Ihould there be lufpicion,that
any Charter (either by erafing or corrupt
Interpolation) hath been falielv tranferi-
bed , 'tis the bell and laied courie , to de-
termine the matter before the King him-
-lelf. Item nec factum fegis , 'nec chart am po-
teft quis judicare , it a quod factum Domini fe-
gis irntetur. However (as was laid before)
let no man prefumeto cenfure the Kings
Charters,or any other of his Proceedings,
io as to make null and void the A& and
Deed of our Lord the King.
Sed dicere poterit quis , But here it may be
Objected, quod I{ex jujlitiam fecerit, bene,
If the King will do Jullice, 'tis well; (jr
ji hoc eadem ratione quod male, cr it a rmponere ei
quod injur iam emendet, ne incidat Rex & Juflic,
in indicium ViVentis Dei propter injuriam.
and fhould he not do ]udict, it (eems that
mud be well taken too , fince no body
dares tell him that he doth amils; and ac-
cordingly there will be none to admonifh
him to correct his fault, that lo he may e-
fcape the Judgment of the living God.
To
The %oyal Apology. 3 1
To this Objection BRACTON re=
turns an Anjwer , though indeed not ufihe-
red in with the ufual Formality of a Sic
R ejpondeo. And his Anfwer is this ;
Rex autem habet Superiorem^Scc.
'Tis true indeed, none can controie the
Kings Perfon or cenfure his Actions (his
Majefty being S upream over all Perfons,
and in all Caules) autem 5 but yet we have
thefe encouraging Reafons, that the King
will do Juftice, and govern his People
according to R ight.
For 1. Rex habet Superior em ,Deum } fc . As
high and as great as the King is, there is
one higher and greater than he, even Al-
mighty God ; The K in* of Kfngs and Lord
of Lords. It is therefore much hoped ; that
a due Senfe of this dreadful Majefty (be-
fore whole Tribunal the greateft Monarchs
as well a s the meaneft of their Subjects
j
muft one day appear) may over-awe and
reftrain the King from all unjuft and inju-
rious Proceedings.
2. Item Legem per qiiam fact%s eft Rex.
And moreover the better to enable the
King to do Juftice, there is a L atp to di-
rede him in his Interpretations, the which
. Law
^HngSS^
3 1 The %oyal Apology.
Law his Majefty is obliged even in gratis
tude to obferve ; fince it was the Law
which made him King.(But how this muft
be underftood is already explained.)
3. Item y Curiam/nam, viz. Comites, ( Baro-
nes ; but befides thefe Td*> preceding Com
fiderations, there is a Third Expedient to
reftrain the King from all unjuft and exor-
bitant Proceedings.
For, as there is a God in Heaven to o-
vera we him ,• and as there is a Law on
Earth to direct him : So likewife he hath
his Curia , to admonifh and advife him, viz.
Comites, -Barones, quia Comites dicuntur quafi
Socii Rrgh ; His Nobility , his Earls and
his Barons; who by reafon of their con-
ftant attendance at Court, are admitted
into a nearer Familiarity with his Majefty ,
and are,as it were,the Kings Companions.
Et qui hahet Socium , hahel Magi ft rum ; and
by fuch Intimacy as this, they are, in fome
i.orr, the Supervifors and Cenfors of his A-
<5>ions. Et ideo fiRex fuerit fine frdnOj i.e.
fine Lege, debent ei frmum ponere. If there-
fore the King fhall omit to obierve the
Laws ; 'tis then their Duty to admonifh
him of his neglect 5 faying, SIR, This is
The %pyal Apology.
the Law, this fhould bridle yoU; this
fhould limit and direct your Abtions.And
this doubtlefs they will do, nifi ipfimet fue-
r'mt cumKege fine fr<em ; unlels they them-
lelves have a mind to be lawlefs as well
as the King.
But if matters fhould be brought to
this pafs, what fhall then the poor Sub-
jedts do ? how fhall their Grievances be
redrefs'd ? Shall it not then be lawful to
take up Arms (in the juft Defence of King
and Kingdom)to remove thefe evil Coun-
cellors from the King ? No fuch matter!
tunc clamabuut Jubditi & dicent, Domine le-
pt Chrifle , in cbamo f rMo maxilla eorum
conflringe ; Our honed BraBon allows the
Subjedt no other Arms againft his Sove=
raign, but the old Trimitiye Artillery of Tray-
ers and Tears.
Ad qttds Vominm , yocabo fuper eos gcntem
robufkam <sr longinquam ■& iguotam, See. And
if the Subjedts being under any Oppreffo
on , fhall thus duty folly refer their caufe
to God,he will then take Care to do them
rioht r and will not only reftrain, but alio
a J } ,
ptmifh their OpprefTors : As our Author
more fully explains to the end of this 16.
F SeBion,
The %oyal Apology ]
Section, which I fhall not need to tranflate
any further, there being no difficulty in
it.
if this Paraphraftleal Tranflation (which
I thought would moll: naturally lead us to
the true lence of the words) doth not
yet fully remove the Doubt; I flhall then,
for the ReadersTatisfadtion, give this fur-
ther Interpretation.
BR ACTON in this id. Book. Chap. 1 6.
3. is dilcourfing (as I have already ob-
ferved) de Chartis R egiis. And he tells us 5
that the Royal Charters , when either doubt-
, ful or obfeure , are to be determined C0s
BcgC i.e. in the Courts of KgngS'-Bench
and Chancery. (For thele being the Kyngs
own immediate perfonal Courts , in one of which
the Kings of England have formerly fate in
Perion , all Writs returnable there run in
this Style, coram nobis ; and all judicial Re*
cords there are Piled, and the pleas there
holden entered Coram Reg;e. And there-
fore this Phrale in BRACTON Coram Re-
ge is, I think warrantably rendered , the
Courts of Kjngs -Bench and Chancery.
Now if the Plantijf fhall fufpedt, that
the Proceedings in thele Courts are not juft
, and
The %oyal Apology I g y
aSid equal, he may then make his Appeal.
For the K ing hath not only Legend his ordi-
nary Courts of Juftice,but alfo Curiam fuam,
(viz.) Comites, Bar ones His HOUSE OF
LORDS. The Caufe may then be re-
moved by Writ of Error , or by Jppeal in*
to the Houfe of Lords.
But if the Tarty fhall ft ill complain that
he hath not Juftice ; there is then no other
Remedy but Trayers and Tdtience.
For, this Houfe of Lords being the Su-
preme aud higheft Court of Judicature , no
Earthly Appeal can be made any further.
Siftcndumejl in aliquo. In all Judicial Pro-
ceedings, Ecclepaftical and CiVd , there
muff be a non ultra. For, as the L aw of
Nature doth inftrubt us , that Appeals muft
of neceftky be allowed (otherwife thole
Injuries which may be occafion'd, through
the Ignorance or Corruption of inferior
ludges could never be redrefs J d)fo the lame
Law doth alfo teach us; That Appeals muft
not be Infinite ; i. e. There muft be fome
Supreme Tower , in whole final Determina-
tion (be it right , or be it yprong ) all Inferiors
muft acquielce and fubmit. Otherwife,
n-o Contr oyer fees could be decided; r.ay
F 2 there
36 The T^oyal Apology,
there could be no Government, nothing but
Diforder and Confufion in the World.
Thefe are my prefent Thoughts of this
difficult Paflage : And whether 1 have yet
given it's proper Sence is humbly fubmit-
ted to the Impartial Reader. But whether
I have or have not j the R epublican Ohjehlor
is again deiired to take notice j
That whatever elie can be the meaning
of thefe Words, yet our <BraHon doth not
affirm this Curia to be fuperior to thefvigg;
Such an Interpretation being inconfiftent
with Grammar as well as Loyalty.
We have this Rule in our Syniaxis ; that,
. If theKelative he refer/d to two Claufes or more,
then the Relative f J?all he put in the Tlural "Hum-
her.
If therefore this Relative word Superior
do refer not only to Veum , but alfo to Le-
gem and Curiam, it (liould not be S uperiorem
in the Singular, but Superiores in the P/w-
ral.
IBraclon was not only very learned and
judicious as to his Sence, but alfo (confider-
itig the Age he lived in, and the Subject he
difcours'cl on ) very polite and elegant as
to his Style ; and coniequently we muff
not
„ - ......... 3
The %oyal Apology.
notfuppoie him guilty of fo grofsaSTe-
cifm , which the meaneft School-Boy is able-
to correal.
If the Patrons of the Fablion, who are.
Very hard to pleafe , fhall think fit to Re-
ply That it is a moil iinufual and Fedan-
tick Method, to interpret a Law-Maxim by
a Rule in Grammar j and thence are unaltc-
rably refolv'd to infift upon it; That un-.
lefs we can explain, in what Sence this Cu-
ria is Superior to the King, all that hither*
to hath been (aid on this occnhon is trifling-
and explofive;
If, I lay,thefe Republicans will not other-
wile be contented , let them then take it thus.
Rex habet fuperiorem Curiam i.e. The
King can do more with the Advice and
Afiiftance of his Curia then without it. Or
more plainly thus. The Rings of England
have more Bower and Capacity in Barliament ,
then out of Barlikmmt.
If this will not fatisfie. Cras refpondebo.
For at prelent, I think fit to add no more
in this matter.
• This paffage of BRACTON (which
hath given us fo large a Digreffion) being
thus difpatehkfiwe fhall now return to our
former Difcourfe. 'Tis
The %oyal Apology.
'Tis undeniably evident from the Alt*
thentick Records of the Kingdom (not to
mention private Authorities) That the King
of England hath no Superior but God. That
Mis Majefly did not receive his Authority from
any Earthly Tower. That he is not Foeudatory,
either to the Tope or any other Foreign Trince ,
much lejs to his olrn Teople. That he was not
admitted to his Kingdoms leith any Limitations
or Conditions ; As the Kings of Toland and
fome others are. And confequently,fines
the Terms Abfolute and Conditional are op-
polite and contradiftindt; If the Kings
Power and Authority (with relpedf to its
Original Efficient Caule) be neither Condi-
Clonal nor Dependent , it is then Abfolute as
well as Independent. And therefore we
may fafely conclude (in this fence as now
explained) The Kjng °f England is an ab-
folate Monarch.
But here I expedt it will be reply'd (and
'tis a very Popular Objection.)
That the Coronation Oath, in which there
is a plain Contract and Bargain between the
King and his Teople, doth fufficiently inti-
mate ; That the Crown is Conditional, i. e.
was conferred upon his Majefty with cer=
tain
The %oyal Apology.
tain Limitations and Conditions. For, the
King haying promifed, to &eep ant) Detent)
the ant) rightful Cuftoros of the
I&tngDQlU, &cc. He is then publickly
fhew'd to the People; and their confent to
his Coronation being firft demanded ; he
is, by that folemn A &ion, accepted as
their King. Plainly insinuating., that
without fuch a Promife on his part, he
would not have been accepted on theirs.
And from hence Mr. SIDNF.Y (a very
Authentick Author with fome men ) doth
infer; That there is a mutual Compad:
between the I< ing and his S ubjeBs ; and if
the King doth not perform his Duty , the
Subjects are difcharg'd from theirs. His
words are thefe, That thofe Laws were to he
obJerVd , and the Oaths taken by them, haVing
the Force of a Contract between Magiflrate and
(people , cguU mt be violated without dan*
ger of diffolving the irholeFabrick : Which
. in plain Englijh is this: If the King breaks
his Oath , and doth not govern according
to Law ; he then forfeits his Crown, and
the People are abiolved from their Obe-
dience.
In Anfwer to which ; we are to take no*
tice 5
to The %oyal Jpology.
tice; that thL plaufible Objection is raifed
.upon a f Ik Foundation, Vtg. That the Co-
j nation Oath makes the King ; which is a mod
, : ro|; as well as dangerous Mi flake j the
Ring being as perfect and compleatly King
Afore his Coronation as after.
'Tis a Maxim in our Law , The King ne-
a'er dyes: There being no fuch thing here
in England as an Interregnum. For the very
fame moment that th eTredeceffor deceafeth,
the Rights of Majefty defcend and fall up-
on the Succeffor. And herein I am inflru6led
by thofe eminent Lawyers , the Lord Chan-
cellor Egerton , and Sir Edw.Coke. By the
former thus,
j.,chare, Soteraignty is in the Per/on of the King,
1 Crown is hut an Enfign of SoVeraignty. The
p 73. JnVeflure and Coronation are hut Ceremonies of
Honour and MajeUy. Tie King is an ahjolute
and perfect Ifing before he he Crooned,and with-
out thofe Ceremonies.
By the latter in thefe Words : If the
Cooks Crolm defend to the rightful Heir , he is Rex
in ft. part fef m Coronation. For by the Law of England
3 ' 7 " there is no interregnu ii: and Coronation is hat
an Ornament or Solemnity of Honour. And fo it
was refolv'd by all the Judges, Hil. i. Jac. in the
The %oyal Apology.
Cafe of Watfon and Clark Seminary P riefts:
For by the hair there is always a King, in "irhoje
name theLalrs are to he maintain d and executed,
otherlvife fusiice Jhould fail. Thus he,
But that I may effectually convince our
Jjjociators of their miftakein this matter, I
thus argue ad horninem.
Was his prefent Majefty aBually King (h
e. King de faBo as well as de jure ) before
his Coronation, or was he not ?
If they acknowledg that he was-, the
Caule is then decided. But if they lay he
was not j I muff then remind them of ano-
ther point of Lair , laid down by that 0 -
rack of the Law in the preceding words, a
Pardon granted by a King de jure, that is not
alfode fadto is <~void. Now when they have
firll conlider'd; That the AB of Obliiion
was made before the King was Crolrnd , I
fhall then leave it to themlelves to deter-
mine the Cale.
Doubtlefs upon fecond Thoughts which
are ufually the beff , they will readily con-
fefs 5 That his prefent Majefty was aBually
King before his Coronation; and confequent*
ly, That the Oath which he then took, was
not any Condition preparatory to his admit-
tance to the K ingly Power. G Co-
The %oyal Apology .
Coronation then is but a Ceremony, and no
fart of bis Title : I lay, it is but a Ceremony •
and yet (that I may remove fome imperti-
nent Scruples againft it) it is no triflingjin-
fignificant Ceremony : For,
Firft , Thefolemn Splendor in which the
Khig appears in that Action (the generali-
ty of People being much affected with
outward Pomp) doth naturally make Im-
prefhons of awe and reverence towards
his P erf on.
Secondly , The Oath which he then takes,
may expel all jealous Fears- } difpohng his
Subjetls chearfully to lubmit to his future
Goyermnmt. For when the King (who is
not refponfible to them for any of his A<5ti-
ons) fhall condefcend thus fublickly to pro-
mife his People, in the Prelence of that
God who gave him his Truft (and to
whom alone he muff render an Account
for the management of it) That he will
govern his Subjects according to Lalp ;
That he will preierve Keligion from Here-
fy and Schifm ; defend their V erf ons from
wrong and violence 5 fecure their EJlates
from Fraud and Rapine: Such affurance
this., muft needs enlarge their Affe&i-
ons ;
The %oyal dpology.
ons to their Prince ; make their fubmiffion
more hearty; their Obedience more chear-
ful, fince under his Government (if it is
not their own Fault) they may rationally
expedt to live a quiet and peaceable Life in all
Godlmefs and Llonefty.
It appears, I hope, from thefe Premi-
fes (notwithftanding this or any other Ob-
jedtion to the contrary ) That the Kings
Power, in refpedt of it's Original,is Abfo-
lute , i.e.He received it from none but God,
Neither from the Tope, nor any other For-
raign Prince , much lefs from his own Peo-
pie.
But now when we fpeak of the Kings
Authority , with refpedt to the Execution
and Administration of it, the Cafe is very
-different. For the Kings of England , out
of their abundant Grace and Favour, and
to make their Government more ead'e and
acceptable to their Subjedts, have fuffer'd
themfelves to be fo limited in the Exercife
of their Power; That they can neither
make Laws, nor raife Taxes but in P arlia-
?nent ; much lefs can they pretend to take
away the Life, or difpole of the EJlatc of
the meaneff of their Subjedts but by due
G 2 courfe
44 The %oyal Apology,
courfe of Law : And therefore in this fe-
cond Confideration of his Authority, vi^.
the Execution and Jdminif ration of it; The
Jfjng of England is not an Jbfolute but a limi?
ted Monarch.
And indeed, if thefe Republicans were,
not much more forward, to remind the
King-of his Duty than to difcharge their
own , thefe things did not need to be repea-
ted. For the King hath very often mo ft
gratioufly promifed; That he will govern
by, and according to, the Laws of the
Land and not other wife: And that he will
ufe the Power, Truft and Office commit-
ted to him, for the good and benefit of
the 'People ^ and for the prefervation of
their Rights and Liberties. All this is rea-
dily granted, in the very words of. the
ObjeBors.
Only this Phrafe , That be ivill goMcrn.
according to the Laws , &Ut) ttOt
for the avoiding of miftakes , muft be a.
little explained.
There are fome Men , either through
Ignorance or Malice, who have fancied ;
becaufe the King is obliged to govern by
Law , that therefore he muft always att.
accord-
The %oyal Apology. ^
according to the Letter of it : So as that
it lhall not be in his Power, for inftance
(efpecially when it is their Intereft to re-
ftrain him) either to Pardon Capital Offen-
ders ; to Change the manner of their Death;
or to mitigate the rigour of the Law on a-
/«• ^
ny other occaiion. And, in fine, thefe con-
fident Reformers ( who trade in Poft-fcripts
more than ( BraHon) do talk of the Kings
Prerogative at fuch a rate ,• as if it were an
Arbitrary, Illegal Encroachment ; and are fo
extravagant as to fancy ; That by dimi--
nifhing the Kings Prerogative , they advance
the L aws ; and that to oppofe the King, is
to defend the Kingdom.
In charity therefore to thefe men, and
to redlify their miftakes, I fhall briefly
lay down the nature of the Kings P reroga* (<) ja-
tive V What it is ? how it comes to be E*
ftablifh'd ? And whether, as is pretended, ,»
it be deftruclive to the Liberty of the Sub*
. ^ J \3 eminent-
16-tl. tir.quiinni
The Word (a) Prerogative (to omit other j?/ q° 0 -
Significations Foreign to our pnrpofe )^^;
doth properly denote; [tine fpecial
dr. Priviledg or Preheminence, granted by LdTJkt«jurici.
Hence the Ifings Prerogative is very fitlyroft. 1 ^'
ftyled
^6 The %oyal Apology,
ftyled by Sir H.(&)SPELMAN,LfX KegU
F;*.o g . Dignitatis, which in (c) Sir Rdvo .Cooks words
be thus Tranflated. The ByyalBre-
i2j ff' ro g at Tc l e g a Uy extends to all Polbers, PrehemL
nences and Prianledges, "k>hich the Law giveth
to the Crown . And Littleton , faith our Au*
thor , fleaketh of the Tjjngs Prerogative but
twice in all his Books , viz. §. 125 & 128.
and in both places as part of the Laws of En-
gland.
From whence our netv Politicians may
pleafe to obferve. That the K.tngs P reroga-
tive is eftablifned by L al> ; and his Majefly
hath as good Law for his Royal Preroga-
tives. viz. The defcent of the Crown to the next
in Blood : The Power of Calling and Viffolv-
ing Parliaments : The Negative Voice : The
Power of the Militia : Pardoning Offenders,
&c. I fay His Majefly hath as good L atv
for thefe and all other his Prerogatives , as
any Subject hath for his Paternal Eftate.
Whoever therefore fhall prefume to di-
fpute thefe P riviledges of the Crown , he
rauft not think me uncharitable whilft I
tell him, He is an Enemy to the fundamen-
tal Laws of England, and a Betrayer of
the Rights of the Kingdom.
The Royai Jpology. 47
If the Cafe be thus, may lbme fay; If
thefe %oyal Prerogatives are fo facred as not
to be touched ; it would then be a very
fiiitable undertaking to enlarge your, eyre.
and to acquaint us more diftinbtly what
they are, and where we may find them.
In anfwer to which Demand we are
thus inftrubted by that Loyaljudge JEN-
KINS, {a) The Kings Prerogative and theC^^k
Subjects Liberty are deteimned and bounded
and admeajured by the Written "Law what they
are . We do not hold the King to have any more
. Power, neither doth his Majefty claim any other
but what the Law gives him.
The right method therefore to be in-
forrrfd in this matter, is. to fearch the writ-,
ten Laws, with the learned Interpretati-
ons upon them. For though thefe Sta-
tutesare not Conjlitutive of the Royal Pre-
rogatives {Jllib) Kings had them; the faidW)7^h
Powers have no beginning ; 1. e, They are fo ^
antient we cannot trace their Original)yet
they are Declaratory of them.
I fay, though thefe Priviledges of the
Crown are moft of them antecedent to our
Mis of Parliament, and the written deter-
mined Cafes of our Laws (and confequent-
4.8 The %oyal Apology*
ly .are not primarily eftabiifhed by them)
yet they are fo often either explained,con-
firm'd, or otherwife there mentioned j that
he who is converfant in thofe publick Wri-
tings mull needs know what they are
But fince every one hath not the L eifure
.or the Ability for t to laborious a Task ; thofe
therefore who fhall defire Compendia fapere ,
they may pleafe to perufe a little Treatile
called jura Corona ; or His Majefties Koyal
Rights and PrerogativesAfferted. And amongft
ieveral others there mentioned and explai-
ned , they will find this Prerogative,
(a) Jut . That the King hath Power,in many ca«
cor on. p-f eSj to Difpenfe with the Laws .• And that
no (a) AH of Parliament can bind the K ing from
any Prerogative ghat is folely and infeparably an-
next to his Sacred Per/on and A(oyal Power; but
that he may difpenfe with it by a non obftante.
The Reafon of which Prerogdfh>e(which
to Tome unthinking Men may feem extra-
vagant) is plainly this.
All human Conftitutions are liable to
Defeats : And there was never any Law
yet framed with fuchPo/iry andSkill,which
might not, on fome occafion or other, be
. burthenfome to the Subject. For particular
. Cafes
The %oyal Apology . 4.9
Cafes and Contingencies are fo infinitely
variouSjthat it is impoffiblc for human Wii*
dom to fore-fee or prevent them.
And therefore it is ablolutely neceffary ;
That there fhould in all Governments be
fome Power, Superior and Paramount to the
written Laws: By whofe Authority the j
Subject might be relieved and pardon'd ;
when the nice and ilrictObfervance of the
Law (through fome unexpected Eveny)
might be grievous to himfelf , or deftruClive
to the P ublick. And (h) this Totter of df-( b) Bifh.
penftng "frith particular "Laws ( as the learned
Bifhop Sanderjon informs us) is fuch a P re- jodg. of
relative . as Without which no Commonwealth can
o > - uluro.fr.
be Well governed but Juflice would be turn'I in-13. 1
to Gall and Wormwood : Nor can the Suprcam
Governor, without Forfeiture of .that Faithful-
nefs ivhich he oweth to the Publick-Weal diVeft
himfelf thereof
If fome Men (who are very unwilling
to give the Kfng his Due) are ftill diiTatisfi-
ed in the point; the prefent pollute of Af-
fairs here in L ngland may then fully con-
vince them.
We all know that according to the
Law iFigh-Treafon is punifbable with
H Death.
T a
/
5 .©■ The %oyal Apology.
Death. And the Judgment of the Court,
on luch occalions,is to be.Hang'd^Qrawn and
Quarter d. This is Law. Let me therefore
ask thefe Men. Can the K ing by his P rero-
gative difpenfe with this Law, io as to free
the Criminal from the Puniffiment(4 Teto or
a Tanto) or can he not ? If they fay not. I jj-
fiYidemt. Let them look to that who are
moil deeply concerned.
But if now at the laft they are grown fo
confiderate,as to fay that be can : Give me
leave then to expoilulate with them, con-
cerning that late Inftance of the unfortu-
nate Lord Stafford.
When his Majefly out of Companion
to that Hoblemans Perfon and relpedt to his
Quality , had changed the manner of his
Death , and given him the favour to be
Beheaded: What a noifie was then railed.
That the Lain muft he obJerYd ? What Fears
and Apprehensions of Arbitrary L*ower
What a Tumult did thole /crapulous She-
rijfs make on that occafion, by Petitioning
the Tnw Houfes; Whether the Kings Writ
ought to be obey'd ? But what Anfwer
they received both from Lord; and Commons
is Sufficiently 'known.
h
The c B^yd Apology. 51
Ijfhallmake no ^efleBions upon it, tho
indeed the Impertinence of that Adlion
(in which I doubt they were encourag'd
by lome greater than themfelves) might
deferve a Remark.
From thele Premifes it is evident, That
there is Lex Corona , a Royal Prerogative
granted by the Common Law to the
Crown of England, Superior to all written
Laws. By virtue of which Prerogative-
Law , the King hath Authority (on emer-
gent occasions, and when fuch pifpenjati-
on may promote the ends of Government)
to D ifpenje with moft Statutes or Acts oi :
Parliament. S alus populi fuprema Lex ejlo ;
when rightly underftood is a full proof of
this Alfertion.
As therefore on the one hand ;
WbenMiho/ds ram pant, and affronts the
Government; when the Mercy of a King
(hall be voted his 1 toeaknefs 5 and his Royal
companion and unwillingnefs to P uritfh,
fball have this Glofs put upon it; He dares
not do it.
As in fuch a Cafe , Reafon of State
(which is Salus 'Populi) doth require; That
fome fhonld be executed in terrorem 3 to re-
H 2 prels
5 1 The c Kpyal Apology.
prefs the inlblence of others; So on the-
other hand,
When Tumults are abated ; when F;v
£tion is broken, and that Men begin to ao
knowledg their Miftakes , and return to
their Wits: If under fuch inviting Circuna-
fiances asthefe,the King out of his Grace
and Mercy , fhall either Pardon a Traitor,
or abate the rigour of his Sentence, who
will pretend to lay, that fuch undelerved
Favour is Illegal Or that the King, whe-
tlier he pardon or /wii/7?,doth not govern, in
both Inlbanc.es, according to Law ?
The ObjeStors go on.
If the King thus, entrujied to keep the Lam
and preferVe (Religion, Jhould le guilty of a
■wicked Vefign , to Jubvert our Tales^ and de*
Ttroy our Rcligion , by introducing an Arbitrary,
Tyrannical Government • he muft then under-
ft and , that he is but an iSDfEicer Of
All this is granted j If the word
do only refer to Almighty God , but. not to
the People.
The King doth chearfully acknowledg,
that he is Authorized and Deputed by the
moft High , to govern thefe Nations; and
that he mull render an Account for fo
great
The Ttyyal Apology. 5 3
great a Truft committed to his charge.
And though theKing hath many Enemies,
both Spiritual and Temporal , yet his Support
is this. He who gave him his Commisfeon
is able to Proteft him. He hath hitherto
very fignally prelerv'd him. And it is the
ccnftant, hearty P rayer of all loyal Sub-
jedts ; That his God , and the God of his
Fathers will preferve him ftill. His Majefty
hath indeed many Enemies (and good Prin-
ces did never want them) but in the Mercy
oj the most High he jhall not mjcarry.
But if this Cftttt do refer to the People,
as if the Kings Power and Authority were
derived to him from the People by way of
Pa ft or ContraB : Let them then explain ,
Who are this People, with whom he did
thus Contract ? When was this Bargain
made ? What are the Conditions ? 'Before
what Witneffes? Who mult Judge of-the
Delinquency? Where are the Records of
thefe Tranfadtions to be.perufed ?
If no Evidence to confirm any of thele
lnftances; the Cafe is then decided by that
known Maxim, 1dm eft non ejfe <y non ap-
parere. This fundamental Contrafl of theTSld-
i'm is. only a hard Word to amufe the
54- The %pyal Apology I
vulgar. We know not what it is, no x where
to find it.
But it follows in the Obje&ion.
The Parliament of England (the Keprefenta-
tives of the People , in whom all Power doth Q"
riginally re fide) they are to take Order for the A'
nimadverfion and Punifhment of fuch an Off en-
ding GoVernour. Parliaments were ordain'd to re-
[train the exorbitant PoV>er of Kings and to re?
drejs the Grievances of the People.
The Sum of which charge is this.
There is a Coercive Power over the
^ , King. Which Power {Mr* SIDNEY tells
Tryalp.' Lls ) Originally in the People of England, is dek-
; 2 3 • gated unto the Parliament,
To which I do thus Anfwer.
That though his Majejiy hath a juft
efteemfor Parliaments and thinks the Par-
liament of England the happieft Cenftitu-
tion that ever Elation did enjoy •, and hath
gratioufiy aflnr'd us; That no Irregularities
of Parliaments, (hall make him out of
Love with Parliaments j but that he will
have frequent Parliaments: Yet fuch an ex-
travagant Power of Parliaments as is here
pretended ;J is fuch height of Treafon ; as
delerves a fharper Confutation than can be
given it from this Treatife. As
The Koyal dpology ] y y
As to the point of 7Slon-%efiftancc (moft
fealonable to be enforced at tnis time) I did
once defign very fully to have enlarged
upon it. To have fhew'd its Obligation
from all Laws Natural, P ojttive, Divine,
Human. As alfo to have Anfwer'd the moft
Popular P leas for fuch R efiftance. But I
am fo happily prevented by the Learned
Labours of others (particularly my Lord
Dtp/op of Vpinchesier , Dr. Falkner and Dr.
Sherlock ; who have indeed exhaufted that
Subject) that I iliall give no further trou-
ble *, but conclude my ihort Difcourfe
with this following Argument.
The Supream Pomr mujl not he rejifted j
Dut thejfing of England hath Supreme P ower;
Therefore HisMajcfty cannot lawfully be refifted.,
The Lropojitionis the voice of Nature.
There can be no Order nor Government ,
/
unlefs this Truth be admitted. Reafon tells
us; P ar in parem ?ion hahet poteflatem, much
lefs hath an Inferior a Coercive Power o-
ver his Superior.
To which let me obferve j That even
the late % his thcmfelves were convinced
in this matter. For, to vindicate their for-
mer Treafons and to patronize their inten-
dedi
^6 The %,oycil Apology.
ded Murder of that Elejfed Prince, they vo-
ted, 7^1.4.1648. Refolv'd, That the People
.are (under God) the Original of all juH Powers„
That the Commons of England Afjemhled in Par-
Lament, being chofen by, 2nd reprefenting the
People, have the Supreme PoTver in the Nation.
That whatfoeVer is Enacled or declared for Law
by the Commons in Parliament hath the Force of
a Law, and the People concluded thereby, though
confent of King and Peers be not bad thereunto.
Plainly infinuating, That whilft the
Subje&s of England, according to their
Duty, did acknowledg the Supremo Power
to be in the King;, they mull needs appre-
hend, That the W ar was Rebellion-, and
his pretended Judges were Traitors.
And as to th c Affumpt ion, v iz.
Tl:at the King of England hath Supreme Pgw-
er • this,I hope,hath been fo fully prov'd in
this little Treatife, that I might fuppofe the
Conclufmn without any further Enlarge-
meat.
But becaufe fome late Seditious P^n-
phlets have very impertinently advane'd the
Power of Parliaments 5 I fhall, ex abundan-
ti, thus undeniably convince them, That
the Parliament of England is Subjefl to the
King. hdr.
The R oyal Apology. 57
Mr. SIDNEY Informs That the Sidney's
R ight and Tower of Magi ft rates in every Conn- j^ jer ^
try , is that which the Laws of that Country
make it to be. if therefore it do appear by
the Lalos and Statutes of the Kingdom. That
o > '
the Tarliament of England is Subject to the
Kmg, then the Controverfy is at an End.
For Proof of this, they are defired to
Confult, 1 2 Car.i.c.yo. Where the Lords
and Commons thus Petitioned to his Majefty.
mz your 0£ajefttes fatu dutiful and
^ubject^, ttoe;)lo?t}0ant! Commons
in parliament gflemtoleb, too toefeect} poxir
moft excellent £$aje% tljat it map toe 3©e-
claret!; c^at top ttoe imBcutoteti anti fitn&a-
mental Haw of t^ig Bfngtsom, neither
ttoe peerg of tijtg jfcealut, no? tljz Csiu-
mows, no? tootl? together in parliament,
no? tlie people Cottectitoelp 0? ftep?efcnta-
tifcelp, no? anp ot^er perfong totoatfoeter
etoertoato, $atoe, toatto 0? oxigtot to toatoe aup
Coercttoe potoer otoer tip perfon# of ttoe
fttnp of ttots lEealm.
Words fo plain and undeniably evident
that they are not capable of any further
Explication.
Only it will be pertinent toobferve Two
Things.
I Fir ft,
5 8 The R qyal Apology .
Firjl, the Lords and Commons do not here
petition,that it may be EnaBed , but that it
may be Declared-, intimating that the Kings
Supremacy was not firjl eftablifh'd in this
Statute ( as if before the making of this
AB, the Parliament had been Superior to
the King) but is here only Declared to have
been EJlabliJh'd by the undoubted Funda-
mental Laws of this Kingdom; i.e. by fuch
Laws as are the Foundation of the Go-
vernment. Whoever therefore fhall Af-
firm, That the Parliament hath a Coer-
cive Power over the Perfon of the King,
he alters the Foundation and deBroys the Go-
vernment.
Secondly , I do from this Statute obferve,
That their famous Axiom , tnajor Jingulis,
minor un'tverfis , will no longer fupport their
Caufe, it being plain from this AB j That
the King is maj or univerfis as well as ftngu-
lis.
When our Republican Clubs , who calk
fo much of Law , fhall have anfwer'd this
Statute; they may then expert to hear fur-
ther from me.
In tb'interim , I fhall recommend a Text,
to be held forth in all their ConyenticUs y the
next
THE
ARALL
POLEMeJ
THERE can be no doubt but
that the Common-Wealth hath
Power roCl)UfC tt)Cfr OttH fS-
fluon of <£>obewment,as alfo
to Cf)3tt&£ the fame upon reafonable
Caufes. In like manner is it evident,
that as the Common-Wealth hath this
Authority to chufe and change her
Government, fohath fhe alio to limit
iije fame ttttf) ttffiat Hatt# and
Condition# fl)e pleafetl). Confe-
re nee about SucceJJion, Part. I. cap. i.
pag, 12,15.
All Law, both Natural, National
and Pofitive doth teach us; That Prin-
ces are fubjeft to Law and Order, and
that the Commonwealth which
gate them their Authority for the
Common good of all, may alfo VZ-
{train or take the fame atta? again,
if they abufe it to the Common#evil.
The ttf)0le 2S0t)£ , though it be go-
verned by the Prince, as by the Head,
yet is it not Inferior but £&llpefiO£
to the faunce. Neither fo gibetl)
the Common-wealth her &Uti)0Ztt£
and Power up to any Prince, that fhe
OSpttbethher felf utterly of the fame,
when need fhall require, tO Uft It f0£
her Defence, for which fhe gave it.
Part. ift. cap. 4-/>. 72.
And finally the Power and Autho-
rity which the Prince hath from the
Common-wealthis in very Truth, not
abfolUte but Potvfias vicaria & delega-
ta , i.e. a Power Relegate, or Power
by CommifCon from the Common#
IDcaltl), which is given with fuch Re-
ftridftions, Cautels and Condition#,
yea with fuch plain Exceptions, Fro-
mifes and Oath# of both Parties (I
mean between the filing and Com#
mon#tDealth, at the day of his Ad-
miflknor Coronation) as if the fame
be not kept but wilfully b?0&en OH 01#
ther $art, then is the other not
bound to obferve his f^tOttUfe neither,
though never fo folemnly made or
fwern Part 1 ft. cap. 4. pag. 7 3.
By this then you fee the ground
whereon dependeth the righteous and
lawful Depofition and Chaftifement
of wicked Princes, viz. Cheir fail#
tng in their SDath and Pjomtfe#,
togich thep made at their ftrft en#
trance——Then is the Commonwealth
not only free from all jSDath# made
by her of Obedience or &llCgtatlCe
to fuch Unt00£th£ Princes, but is
3b0tm& moreover for faving the whole
Body , to reQCt, chaften, of remote
fuch evil Heads, if hie be able, for
that otherwife all would come to De-
ftruftion, Ruine and publick Defola-
don. part 1. cap. 4. pag. 77, 78.
<B%AP SHAW
TH E People of (England, as they are
thofe that at the firft fas other Coun-
tries have done) did ChUfe tO them#
felbc# tf)t# tfojmof (Eobewmente-
ven for Juftice fake, that Juitice might be admi-
niftred , that Peace might be preferved; fo Sir,
the? gate Klatt# to their Ctobevnour#, accord-
tng to which they fhould Govern ; and if thofe
Laws fhould have prov'd inconvenient orprejudi-
cial to the publick , they had a ^Ottet in them,
and referbeb to themfelbe# to alter a# the?
(ball fee caufe. Kw?j Trial p. 54.
^ CHARLES STUART King of England-, The
Commons of England Affembled in Parliament,
according to the fundamental potter that rett#
in themfelbe#, have refolved to bring you to
Crpal and judgment./'. 2 9. If fo be the King
will go contrary to the end of his Government,
Sir he muft underftand that he is but an jSDfficet Of
UftUll, and he ought to difcharge that Truft, and
they are to takeOrder for the SlnimadbetCon and
p>unt(hment :of fuch an Offending (Sober-
p.6 5.
Sir, Parliaments were ordained for that purpofe,
to redrefs the Grievances of the People. And
then, Sir, the Scripture fays, Thy that know their
Mafters will and do it not , what follows ?
matt f# pour fatter,the act# of parliament.
pag. 66, 67.
This we know to be Law, Rexhabet fuperiorem,
Deum dr Legem ^ etiam & Curiam , and fo fays the
fame Author; and truly Sir, he makes bold to go
a little further , Debent ei ponere franum y 'CI) ep
ought to bridle him. pag. 65.
That the faid Charles Stuart being admitted
King of England , and therein trufted with a Its
mitted Power. fid. Char. p. 30.
The Houfe of Commons, the £5>upieaut Au-
thority and Jurifdiftionof the Kingdom, pag. 48.
Which Authority requires you, in the name of
the people of (England, of which you are (Bit-
Cted King, to anfwer them, pag. 3d. Sir you may
not Demur the Jurifdi&ion of the Court they
fit here by the Authority of the Commons of En-
gland $ and all your p?edece(lOt# and pOU are re-
fponOble to them, pag 44.
for there is a Contratt and Bargain between the
fcing and his people, and your Oath is taken,
end ^crtumvjrSir, ihc Bond is reciprocal. Sir,
if thi# ©ond be once bjeften, farettel ^obe-
ratgntp. pig . 72.
Sir, though you have it by Inheritance in the
way that is fpoken of, yet it muftaot be denied
that your Office was an Office of Cruft: Now Sir,
if it be an Office of Inheritance, as you fpeak of
your Title by Defcent , let all men know that great
Offices are fei?able and forfeitable, as if you had
it but for a year and for your Life, p. 73.
And Sir, the People of England cannot be fofar
wanting to themfelves, which God having dealt
fomiraculoufly and glorioufly for, tl)ep Ijabtng
potter in their handg,and their <2>ieat (Enemp,
they muft proceed to do^Ufttce to themfelves and
to |>0U- f-1%'
sip PC E r
and other of
The True'Trot eft ant Tarty.
GO D hath'Icft Nations unto the Liberty
of letting Up fuch Governments as
beft pleated themfelbe#.
The Right and Power of Magiftrates
in every Country,was that which the Laws of that
Country made it to be, Sidn. Pap. p. 2.
St. Peter \ Pet.i. 13,14. ftiles Tings, as well as
the Govemours under him, the Ordinance of Man v
which cannot have any other Sence, bttt that
SPen make them and gibe them their pott-
er#. Hunts pojifc. p. 37. By all which it is evident ;
Chatrtbe ^ucceffton to the Crottn i# the
people# IRight. And though the Succeffion to
the Crown is peredltatp, becaufe the people
fo appointed it; ttould have it fo, or confent-
ed to have it fo; yet in a particular Cafe for the
faving the Nation , CI) & ttl)0le Kline and fl©0-
narchp it felf map be altered, by the unltmt-
ted Power of the Klegtflatlbe Authority. Hunts
Poftfc.pag. 43. Some Men will talk as if they be-
lieved themfelves , That the Legijlative Power is in
the Ting , tthenno filing of England peteber
pretended to it. A megiflatibe Authority is
necelfary to every Government! and therefore we
ought not to want it, and therefore parliament#,
in which our Government hath placed the mak-
ing of Laws, cannot be long difcontinued. Hunts
PoTtfc. p. 28.
BRACrON faith that the King hath three Su-
periors, to wit, Deum , Legem & Parliamentum ;
that is, the Power Originally in the People of En-
gland is Delegated unto the parliament. Sidn.
fryal p. 23.
All Government is founded in CrUft, and fet-
tied in fuch a Perfon, or limited to fuch a family,
for the fafety and advantage of the People, as
well as of the Ruler.
It is remarkable that there was never a Con-
veyance of the Crown of England to any Perfon ,
but upon the tactt Concurrence, and with the
(Utrtual or Implicite Content of the People. And
therefore anciently before any King of England
was actually Crown d,thePeeple being firft acquaint-
ed with the Day appointed for that Solemnity ,were
three feveral times publickly asked, whether they
would have lurjb a Perfon to rule over them. Let.
from Gentl. in the City concerning D. Y. pag.13,14.
Thofe Laws were to be obferv'd, and the Oaths taken
by them, having the force of a C0lttt£l(t between Magi-
ftrate and People, could not be btOlfttCd without danger of
Otflblbmg tljc indole jfabpek- sidn. p*p. pag.z.
If he doth not like his condition,he may lUttOtUtCe the
Crown ; but if he receive it upon that Condition fas all Ma-
giftratts do the Power they receive) and fwear to perform
it, he muft expedt that the performance will be exacted, or
rebenge taken bp tbofefje baf& betuaped.^.Try.pzj.
I will hope there are very few in this Nation fo ill inftru-
fted , that do not think it in the Power of the People to
nepofe a Prince, who really underr kes to alienate his
Kingdom, or that really Adts the OefttUrtiOU or the
(Rntdetfal Calamity of his People. Great ctnfid relating
to D. Y. conftder d p. 6.
To give every one his due , is to adminifter Defence to the
Innocent, and by Authority of Law to fubdtte the
gteflb?#of Mankind, fjotn gteatanu mtgb c 2 foebcc
ttjeg be, Fiatjuftitia therefore. Id. pag. 16.
The R oyal dpology.
next time of their meeting.
Prou. 24. 21, 22. My Son, fear thou the
Lord and the d^jng , and meddle not with them
that are given to change.
For their Calamity jhall rife fuddainly , and
who kno"toeth the ruin of them both ?
From whence may be raifed thefe
good Obverfations, vi^.
Honefly is the beft Policy,
and
Loyalty the beft Religion.
F I I S.