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+*** START OF THE PROJECT GUTENBERG EBOOK 77338 ***
+
+------------------------------------------------------------------------
+
+                          Transcriber’s Note:
+
+This version of the text cannot represent certain typographical effects.
+Italics are delimited with the ‘_’ character as _italic_.
+
+Footnotes have been moved to follow the paragraphs in which they are
+referenced.
+
+Minor errors, attributable to the printer, have been corrected. Please
+see the transcriber’s note at the end of this text for details regarding
+the handling of any textual issues encountered during its preparation.
+
+                                  THE
+
+                             ENGLISH WORKS
+
+                                   OF
+
+                             THOMAS HOBBES
+
+                             OF MALMESBURY;
+
+                     NOW FIRST COLLECTED AND EDITED
+
+                                   BY
+
+                     SIR WILLIAM MOLESWORTH, BART.
+
+                                -------
+
+                                VOL. VI.
+
+                                -------
+
+
+
+
+                                LONDON:
+                               JOHN BOHN,
+                    HENRIETTA STREET, COVENT GARDEN.
+
+                                   --
+
+                                MDCCCXL.
+
+
+
+
+                                LONDON:
+                C. RICHARDS, PRINTER, ST. MARTIN’S LANE.
+
+
+
+
+
+
+
+
+                               CONTENTS.
+
+ A Dialogue between a Philosopher and a Student of the Common Laws
+   of England                                                         1
+
+
+ Behemoth: the History of the Causes of the Civil Wars of England   161
+
+
+ The Whole Art of Rhetoric                                          419
+
+
+ The Art of Rhetoric, plainly set forth with pertinent examples
+   for the more easy understanding of the same                      511
+
+
+ The Art of Sophistry                                               529
+
+
+
+
+                                   A
+
+                                DIALOGUE
+
+                                BETWEEN
+
+                       A PHILOSOPHER & A STUDENT
+
+                                   OF
+
+                      THE COMMON LAWS OF ENGLAND.
+
+
+
+
+                               A DIALOGUE
+
+                                   OF
+
+                            THE COMMON LAW.
+
+                               ==========
+
+[Sidenote: Of the law of reason.]
+
+_Lawyer._ What makes you say, that the study of the law is less rational
+than the study of the mathematics?
+
+_Philosopher._ I say not that; for all study is rational, or nothing
+worth: but I say, that the great masters of the _mathematics_ do not so
+often err as the great professors of the law.
+
+_L._ If you had applied your reason to the law, perhaps you would have
+been of another mind.
+
+_P._ In whatsoever study, I examine whether my inference be rational:
+and have looked over the titles of the statutes from Magna Charta
+downward to this present time. I left not one unread, which I thought
+might concern myself; which was enough for me, that meant not to plead
+for any but myself. But I did not much examine which of them was more or
+less rational; because I read them not to dispute, but to obey them, and
+saw in all of them sufficient reason for my obedience, and that the same
+reason, though the Statutes themselves were changed, remained constant.
+I have also diligently read over Littleton’s book of _Tenures_, with the
+commentaries thereupon of the renowned lawyer Sir Edward Coke; in which
+I confess I found great subtilty, not of the law, but of inference from
+law, and especially from the law of human nature, which is the law of
+reason: and I confess that it is truth which he says in the epilogue to
+his book, that by arguments and reason in the law, a man shall sooner
+come to the certainty and knowledge of the law: and I agree with Sir
+Edward Coke, who upon that text farther says, that reason is the soul of
+the law; and upon section 138, _nihil, quod est contra rationem, est
+licitum_; that is to say, nothing is law that is against reason; and
+that reason is the life of the law, nay the common law itself is nothing
+else but reason; and upon section 21, _æquitas est perfecta quædam
+ratio, quæ jus scriptum interpretatur et emendat, nulla scriptura
+comprehensa, sed solum in vera ratione consistens_; _i. e._ Equity is a
+certain perfect reason, that interpreteth and amendeth the law written,
+itself being unwritten, and consisting in nothing else but right reason.
+When I consider this, and find it to be true, and so evident as not to
+be denied by any man of right sense, I find my own reason at a stand;
+for it frustrates all the laws in the world. For upon this ground any
+man, of any law whatsoever, may say it is against reason, and thereupon
+make a pretence for his disobedience. I pray you clear this passage,
+that we may proceed.
+
+_L._ I clear it thus, out of Sir Edward Coke (I. Inst. sect. 138), that
+this is to be understood of an artificial perfection of reason, gotten
+by long study, observation, and experience, and not of every man’s
+natural reason; for _nemo nascitur artifex_. This legal reason is _summa
+ratio_; and therefore if all the reason that is dispersed into so many
+several heads, were united into one, yet could he not make such a law as
+the law of England is; because by so many successions of ages it hath
+been fined and refined by an infinite number of grave and learned men.
+
+_P._ This does not clear the place, as being partly obscure, and partly
+untrue. That the reason which is the life of the law, should be not
+natural, but artificial, I cannot conceive. I understand well enough,
+that the knowledge of the law is gotten by much study, as all other
+sciences are, which when they are studied and obtained, it is still done
+by natural, and not by artificial reason. I grant you, that the
+knowledge of the law is an art; but not that any art of one man, or of
+many, how wise soever they be, or the work of one or more artificers,
+how perfect soever it be, is law. It is not wisdom, but authority that
+makes a law. Obscure also are the words _legal reason_. There is no
+reason in earthly creatures, but human reason. But I suppose that he
+means, that the reason of a judge, or of all the judges together without
+the King, is that _summa ratio_, and the very law: which I deny, because
+none can make a law but he that hath the legislative power. That the law
+hath been fined by grave and learned men, meaning the professors of the
+law, is manifestly untrue; for all the laws of England have been made by
+the kings of England, consulting with the nobility and commons in
+parliament, of which not one of twenty was a learned lawyer.
+
+_L._ You speak of the statute law, and I speak of the common law.
+
+_P._ I speak generally of law.
+
+_L._ Thus far I agree with you, that statute law taken away, there would
+not be left, either here, or any where, any law at all that would
+conduce to the peace of a nation; yet equity and reason, (laws Divine
+and eternal, which oblige all men at all times, and in all places),
+would still remain, but be obeyed by few: and though the breach of them
+be not punished in this world, yet they will be punished sufficiently in
+the world to come. Sir Edward Coke, for drawing to the men of his own
+profession as much authority as lawfully he might, is not to be
+reprehended; but to the gravity and learning of the judges they ought to
+have added in the making of laws, the authority of the King, which hath
+the sovereignty: for of these laws of reason, every subject that is in
+his wits, is bound to take notice at his peril, because reason is part
+of his nature, which he continually carries about with him, and may read
+it, if he will.
+
+_P._ It is very true; and upon this ground, if I pretend within a month
+or two to make myself able to perform the office of a judge, you are not
+to think it arrogance; for you are to allow to me, as well as to other
+men, my pretence to reason, which is the common law, (remember this,
+that I may not need again to put you in mind, that reason is the common
+law): and for statute law, seeing it is printed, and that there be
+indexes to point me to every matter contained in them, I think a man may
+profit in them very much in two months.
+
+_L._ But you will be but an ill pleader.
+
+_P._ A pleader commonly thinks he ought to say all he can for the
+benefit of his client, and therefore has need of a faculty to wrest the
+sense of words from their true meaning, and the faculty of _rhetoric_ to
+seduce the jury, and sometimes the judge also, and many other arts which
+I neither have, nor intend to study.
+
+_L._ But let the judge, how good soever he thinks his reasoning, take
+heed that he depart not too much from the letter of the statute: for it
+is not without danger.
+
+_P._ He may without danger recede from the letter, if he do not from the
+meaning and sense of the law; which may be by a learned man, (such as
+judges commonly are,) easily found out by the preamble, the time when it
+was made, and the incommodities for which it was made. But I pray tell
+me, to what end were statute laws ordained, seeing the law of reason
+ought to be applied to every controversy that can arise.
+
+_L._ You are not ignorant of the force of an irregular appetite to
+riches, to power, and to sensual pleasures, how it masters the strongest
+reason, and is the root of disobedience, slaughter, fraud, hypocrisy,
+and all manner of evil habits; and that the laws of man, though they can
+punish the fruits of them, which are evil actions, yet they cannot pluck
+up the roots that are in the heart. How can a man be indicted of
+avarice, envy, hypocrisy, or other vicious habit, till it be declared by
+some action which a witness may take notice of? The root remaining, new
+fruit will come forth, till you be weary of punishing, and at last
+destroy all power that shall oppose it.
+
+_P._ What hope then is there of a constant peace in any nation, or
+between one nation and another?
+
+_L._ You are not to expect such a peace between two nations; because
+there is no common power in this world to punish their injustice. Mutual
+fear may keep them quiet for a time; but upon every visible advantage
+they will invade one another; and the most visible advantage is then,
+when the one nation is obedient to their king, and the other not. But
+peace at home may then be expected durable, when the common people shall
+be made to see the benefit they shall receive by their obedience and
+adhesion to their own sovereign, and the harm they must suffer by taking
+part with them, who by promises of reformation, or change of government,
+deceive them. And this is properly to be done by divines, and from
+arguments not only from reason, but also from the Holy Scripture.
+
+_P._ This that you say is true, but not very much to that I aim at by
+your conversation, which is to inform myself concerning the laws of
+England. Therefore I ask you again, what is the end of statute-laws?
+
+[Sidenote: Of sovereign power.]
+
+_L._ I say then that the scope of all human law is peace, and justice in
+every nation amongst themselves, and defence against foreign enemies.
+
+_P._ But what is justice?
+
+_L._ Justice is giving to every man his own.
+
+_P._ The definition is good, and yet it is Aristotle’s. What is the
+definition agreed upon as a principle in the science of the common law?
+
+_L._ The same with that of Aristotle.
+
+_P._ See, you lawyers, how much you are beholden to the philosopher; and
+it is but reason; for the more general and noble science and law of all
+the world, is true philosophy, of which the common law of England is a
+very little part.
+
+_L._ It is so, if you mean by philosophy nothing but the study of
+reason; as I think you do.
+
+_P._ When you say that justice gives to every man his own, what mean you
+by his own? How can that be given me, which is my own already? Or, if it
+be not my own, how can justice make it mine?
+
+_L._ Without law, every thing is in such sort every man’s, as he may
+take, possess, and enjoy, without wrong to any man; every thing, lands,
+beasts, fruits, and even the bodies of other men, if his reason tell him
+he cannot otherwise live securely. For the dictates of reason are little
+worth, if they tended not to the preservation and improvement of men’s
+lives. Seeing then without human law all things would be common, and
+this community a cause of encroachment, envy, slaughter, and continual
+war of one upon another, the same law of reason dictates to mankind, for
+their own preservation, a distribution of lands and goods, that each man
+may know what is proper to him, so as none other might pretend a right
+thereunto, or disturb him in the use of the same. This distribution is
+justice, and this properly is the same which we say is one’s own; by
+which you may see the great necessity there was of statute laws, for
+preservation of all mankind. It is also a dictate of the law of reason,
+that statute laws are a necessary means of the safety and well-being of
+man in the present world, and are to be obeyed by all subjects, as the
+law of reason ought to be obeyed, both by King and subjects, because it
+is the law of God.
+
+_P._ All this is very rational; but how can any laws secure one man from
+another, when the greatest part of men are so unreasonable, and so
+partial to themselves as they are, and the laws of themselves are but a
+dead letter, which of itself is not able to compel a man to do otherwise
+than himself pleaseth, nor punish or hurt him when he hath done a
+mischief?
+
+_L._ By the laws, I mean laws living and armed. For you must suppose,
+that a nation that is subdued by war to an absolute submission to a
+conqueror, may, by the same arm that compelled it to submission, be
+compelled to obey his laws. Also, if a nation choose a man, or an
+assembly of men, to govern them by laws, it must furnish him also with
+armed men and money, and all things necessary to his office; or else his
+laws will be of no force, and the nation remains, as before it was, in
+confusion. It is not therefore the word of the law, but the power of a
+man that has the strength of a nation, that make the laws effectual. It
+was not Solon that made Athenian laws, though he devised them, but the
+supreme court of the people; nor, the lawyers of Rome that made the
+imperial law in Justinian’s time, but Justinian himself.
+
+_P._ We agree then in this, that in England it is the King that makes
+the laws, whosoever pens them; and in this, that the King cannot make
+his laws effectual, nor defend his people against their enemies, without
+a power to levy soldiers; and consequently, that he may lawfully, as oft
+as he shall really think it necessary to raise an army, (which in some
+occasions be very great) I say, raise it, and money to maintain it. I
+doubt not but you will allow this to be according to the law, at least
+of reason.
+
+_L._ For my part I allow it. But you have heard how, in and before the
+late troubles the people were of another mind. Shall the King, said
+they, take from us what he pleases, upon pretence of a necessity whereof
+he makes himself the judge? What worse condition can we be in from an
+enemy? What can they take from us more than what they list?
+
+_P._ The people reason ill. They do not know in what condition we were,
+in the time of the Conqueror, when it was a shame to be an Englishman;
+who, if he grumbled at the base offices he was put to by his Norman
+masters, received no other answer than this, _thou art but an
+Englishman_. Nor can the people, nor any man that humours their
+disobedience, produce any example of a King that ever raised any
+excessive sums, either by himself or by the consent of his Parliament,
+but when they had great need thereof; nor can show any reason that might
+move any of them so to do. The greatest complaint by them made against
+the unthriftiness of their Kings, was for the enriching now and then a
+favourite, which to the wealth of the kingdom was inconsiderable, and
+the complaint but envy. But in this point of raising soldiers, what is,
+I pray you, the statute law?
+
+_L._ The last statute concerning it, is 13 _Car._ II. cap. 6, by which
+the supreme government, command, and disposing of the militia of
+England, is delivered to be, and always to have been, the ancient right
+of the Kings of England. But there is also in the same act a proviso,
+that this shall not be construed for a declaration, that the King may
+transport his subjects, or compel them to march out of the kingdom; nor
+is it, on the contrary, declared to be unlawful.
+
+_P._ Why is not that also determined?
+
+_L._ I can imagine cause enough for it, though I may be deceived. We
+love to have our King amongst us, and not to be governed by deputies,
+either of our own or another nation. But this I verily believe, that if
+a foreign enemy should either invade us, or put himself into a readiness
+to invade either England, Ireland, or Scotland, no Parliament then
+sitting, and the King send English soldiers thither, the Parliament
+would give him thanks for it. The subjects of those Kings who affect the
+glory, and imitate the actions, of Alexander the Great, have not always
+the most comfortable lives, nor do such Kings usually very long enjoy
+their conquests. They march to and fro perpetually, as upon a plank
+sustained only in the midst; and when one end rises, down goes the
+other.
+
+_P._ It is well. But where soldiers, in the judgment of the King’s
+conscience, are indeed necessary, as in an insurrection, or rebellion at
+home; how shall the kingdom be preserved without a considerable army
+ready and in pay? How shall money be raised for this army, especially
+when the want of public treasure inviteth neighbour Kings to encroach,
+and unruly subjects to rebel?
+
+_L._ I cannot tell. It is matter of polity, not of law. But I know, that
+there be statutes express, whereby the King hath obliged himself never
+to levy money upon his subjects without the consent of his Parliament.
+One of which statutes is 25 _Edw._ I. c. 6, in these words: _We have
+granted for us, and our heirs, as well to archbishops, bishops, abbots,
+priors, and other folk of holy Church, as also to earls, barons, and to
+all the commonalty of the land, that for no business from henceforth, we
+shall take such aids, tasks, or prizes, but by the common consent of the
+realm_. There is also another statute of _Edward_ I. (34 _Edw._ I. stat.
+4) in these words: _No tallage, or aid shall be taken or levied by us or
+our heirs in our realm, without the good will and assent of the
+archbishops, bishops, earls, barons, knights, burgesses, and other
+freemen of the land_; which statutes have been since that time confirmed
+by divers other Kings, and lastly by the King that now reigneth.
+
+_P._ All this I know, and am not satisfied. I am one of the common
+people, and one of that almost infinite number of men, for whose welfare
+Kings and other sovereigns were by God ordained: for God made Kings for
+the people, and not people for Kings. How shall I be defended from the
+domineering of proud and insolent strangers that speak another language,
+that scorn us, that seek to make us slaves, or how shall I avoid the
+destruction that may arise from the cruelty of factions in a civil war,
+unless the King, to whom alone, you say, belongeth the right of levying
+and disposing of the militia by which only it can be prevented, have
+ready money, upon all occasions, to arm and pay as many soldiers, as for
+the present defence, or the peace of the people, shall be necessary?
+Shall not I, and you, and every man be undone? Tell me not of a
+Parliament, when there is no Parliament sitting, or perhaps none in
+being, which may often happen. And when there is a Parliament, if the
+speaking and leading men should have a design to put down monarchy, as
+they had in the Parliament which began to sit the third of November,
+1640, shall the King, who is to answer to God Almighty for the safety of
+the people, and to that end is intrusted with the power to levy and
+dispose of the soldiery, be disabled to perform his office, by virtue of
+these acts of Parliament which you have cited? If this be reason, it is
+reason also that the people be abandoned, or left at liberty to kill one
+another, even to the last man; if it be not reason, then you have
+granted it is not law.
+
+_L._ It is true, if you mean _recta ratio_; but _recta ratio_, which I
+grant to be law, as Sir Edward Coke says, (1 _Inst._ sect. 138), is an
+artificial perfection of reason, gotten by long study, observation, and
+experience, and not every man’s natural reason; for _nemo nascitur
+artifex_. This legal reason is _summa ratio_; and therefore, if all the
+reason that is dispersed into so many several heads, were united into
+one, yet could he not make such a law as the law of England is, because
+by many successions of ages it hath been fined and refined by an
+infinite number of grave and learned men. And this is it, he calls the
+common law.
+
+_P._ Do you think this to be good doctrine? Though it be true, that no
+man is born with the use of reason, yet all men may grow up to it as
+well as lawyers; and when they have applied their reason to the laws,
+(which were laws before they studied them, or else it was not law they
+studied), may be as fit for and capable of judicature, as Sir Edward
+Coke himself, who whether he had more or less use of reason, was not
+thereby a judge, but because the King made him so. And whereas he says,
+that a man who should have as much reason as is dispersed in so many
+several heads, could not make such a law as this law of England is; if
+one should ask him who made the law of England, would he say a
+succession of English lawyers or judges made it, or rather a succession
+of kings? And that upon their own reason, either solely, or with the
+advice of the Lords and Commons in Parliament, without the judges or
+other professors of the law? You see therefore that the King’s reason,
+be it more or less, is that _anima legis_, that _summa lex_, whereof Sir
+Edward Coke speaketh, and not the reason, learning, or wisdom of the
+judges. But you may see, that quite through his _Institutes of Law_, he
+often takes occasion to magnify the learning of the lawyers, whom he
+perpetually termeth the sages of the Parliament, or of the King’s
+council. Therefore unless you say otherwise, I say, that the King’s
+reason, when it is publicly upon advice and deliberation declared, is
+that _anima legis_; and that _summa ratio_ and that equity, which all
+agree to be the law of reason, is all that is or ever was law in
+England, since it became Christian, besides the Bible.
+
+_L._ Are not the Canons of the Church part of the law of England, as
+also the imperial law used in the Admiralty, and the customs of
+particular places, and the by-laws of corporations and courts of
+judicature?
+
+_P._ Why not? For they were all constituted by the Kings of England; and
+though the civil law used in the Admiralty were at first the statutes of
+the Roman empire, yet because they are in force by no other authority
+than that of the King, they are now the King’s laws, and the King’s
+statutes. The same we may say of the Canons; such of them as we have
+retained, made by the Church of Rome, have been no law, nor of any force
+in England, since the beginning of Queen Elizabeth’s reign, but by
+virtue of the great seal of England.
+
+_L._ In the said statutes that restrain the levying of money without
+consent of Parliament, is there any thing you can take exceptions to?
+
+_P._ No. I am satisfied that the kings that grant such liberties, are
+bound to make them good, so far as it may be done without sin: but if a
+King find that by such a grant he be disabled to protect his subjects,
+if he maintain his grant, he sins; and therefore may, and ought to take
+no notice of the said grant. For such grants, as by error or false
+suggestion are gotten from him, are, as the lawyers do confess, void and
+of no effect, and ought to be recalled. Also the King, as is on all
+hands confessed, hath the charge lying upon him to protect his people
+against foreign enemies, and to keep the peace betwixt them within the
+kingdom: if he do not his utmost endeavour to discharge himself thereof,
+he committeth a sin, which neither King nor Parliament can lawfully
+commit.
+
+_L._ No man, I think, will deny this. For if levying of money be
+necessary, it is a sin in the Parliament to refuse; if unnecessary, it
+is a sin both in King and Parliament to levy. But for all that, it may
+be, and I think it is, a sin in any one that hath the sovereign power,
+be he one man or one assembly, being intrusted with the safety of a
+whole nation, if rashly, and relying upon his own natural sufficiency,
+he make war or peace, without consulting with such, as by their
+experience and employment abroad, and intelligence by letters, or other
+means, have gotten the knowledge in some measure of the strength,
+advantages, and designs of the enemy, and the manner and the degree of
+the danger that may from thence arise. In like manner, in case of
+rebellion at home, if he consult not with those of military condition;
+which if he do, then I think he may lawfully proceed to subdue all such
+enemies and rebels; and that the soldiers ought to go on without
+inquiring whether they be within the country, or without. For who shall
+suppress rebellion, but he that hath right to levy, command, and dispose
+of the militia? The last Long Parliament denied this. But why? Because
+by the major part of their votes the rebellion was raised with the
+design to put down monarchy, and to that end maintained.
+
+_P._ Nor do I hereby lay any aspersion upon such grants of the King and
+his ancestors. Those statutes are in themselves very good for the King
+and the people, as creating some kind of difficulty for such Kings as,
+for the glory of conquest, might spend one part of their subjects' lives
+and estates in molesting other nations, and leave the rest to destroy
+themselves at home by factions. That which I here find fault with, is
+the wresting of those, and other such statutes, to the binding of our
+Kings from the use of their armies in the necessary defence of
+themselves and their people. The late Long Parliament, that in 1648
+murdered their King, (a King that sought no greater glory upon earth,
+but to be indulgent to his people, and a pious defender of the Church of
+England,) no sooner took upon them the sovereign power, than they levied
+money upon the people at their own discretion. Did any of their subjects
+dispute their power? Did they not send soldiers over the sea to subdue
+Ireland, and others to fight against the Dutch at sea; or made they any
+doubt but to be obeyed in all that they commanded, as a right absolutely
+due to the sovereign power in whomsoever it resides? I say not this as
+allowing their actions, but as a testimony from the mouths of those very
+men that denied the same power to him whom they acknowledged to have
+been their sovereign immediately before; which is a sufficient proof,
+that the people of England never doubted of the King’s right to levy
+money for the maintenance of his armies, till they were abused in it by
+seditious teachers, and other prating men, on purpose to turn the State
+and Church into popular government, where the most ignorant and boldest
+talkers do commonly obtain the best preferments. Again, when their new
+republic returned into monarchy by Oliver, who durst deny him money upon
+any pretence of _Magna Charta_, or of these other acts of Parliament
+which you have cited? You may therefore think it good law, for all your
+books, that the King of England may at all times, that he thinks in his
+conscience it will be necessary for the defence of his people, levy as
+many soldiers and as much money as he please, and that himself is judge
+of the necessity.
+
+_L._ Is there nobody hearkening at the door?
+
+_P._ What are you afraid of?
+
+_L._ I mean to say the same that you say: but there be very many yet,
+that hold their former principles, whom neither the calamities of the
+civil wars, nor their former pardon, have thoroughly cured of their
+madness.
+
+_P._ The common people never take notice of what they hear of this
+nature, but when they are set on by such as they think wise; that is, by
+some sorts of preachers, or some that seem to be learned in the laws,
+and withal speak evil of the governors. But what if the King, upon the
+sight or apprehension of any great danger to his people, (as when their
+neighbours are borne down by the current of a conquering enemy), should
+think his own people might be involved in the same misery; may he not
+levy, pay, and transport soldiers to help those weak neighbours, by way
+of prevention to save his own people and himself from servitude? Is that
+a sin?
+
+_L._ First, if the war upon our neighbour be just, it may be questioned
+whether it be equity or no to assist them against the right.
+
+_P._ For my part, I make no question of that at all, unless the invader
+will, and can, put me in security, that neither he nor his successors
+shall make any advantage of the conquest of my neighbour, to do the same
+to me in time to come. But there is no common power to bind them to the
+peace.
+
+_L._ Secondly, when such a thing shall happen, the Parliament will not
+refuse to contribute freely to the safety of themselves and the whole
+nation.
+
+_P._ It may be so, and it may be not; for if a Parliament then sit not,
+it must be called; that requires six weeks' time; debating and
+collecting what is given requires as much, and in this time the
+opportunity perhaps is lost. Besides, how many wretched souls have we
+heard to say in the late troubles; what matter is it who gets the
+victory? We can pay but what they please to demand, and so much we pay
+now. And this they will murmur, as they have ever done, whosoever shall
+reign over them, as long as their covetousness and ignorance hold
+together; which will be till doomsday, if better order be not taken for
+their instruction in their duty, both from reason and religion.
+
+_L._ For all this I find it somewhat hard, that a King should have right
+to take from his subjects, upon the pretence of necessity, what he
+pleaseth.
+
+_P._ I know what it is that troubles your conscience in this point. All
+men are troubled at the crossing of their wishes; but it is our own
+fault. First, we wish impossibilities; we would have our security
+against all the world upon right of property, without paying for it;
+this is impossible. We may as well expect that fish and fowl should
+boil, roast, and dish themselves, and come to the table, and that grapes
+should squeeze themselves into our mouths, and have all other the
+contentments and ease which some pleasant men have related of the land
+of Cocagne. Secondly, there is no nation in the world where he or they
+that have the sovereignty, do not take what money they please for the
+defence of those respective nations, when they think it necessary for
+their safety. The late Long Parliament denied this; but why? Because
+there was a design amongst them to depose the King. Thirdly, there is no
+example of any King of England that I have read of, that ever pretended
+any such necessity for levying money against his conscience. The
+greatest sums that ever were levied, comparing the value of money, as it
+was at that time, with what it is now, were levied by King Edward III
+and King Henry V; kings in whom we glory now, and think their actions
+great ornaments to the English history. Lastly, as to the enriching now
+and then a favourite, it is neither sensible to the kingdom, nor is any
+treasure thereby conveyed out of the realm, but so spent as it falls
+down again upon the common people. To think that our condition being
+human should be subject to no incommodity, were injuriously to quarrel
+with God Almighty for our own faults.
+
+_L._ I know not what to say.
+
+_P._ If you allow this that I have said, then say, that the people never
+were, shall be, or ought to be, free from being taxed at the will of one
+or other; that if civil war come, they must levy all they have, and that
+dearly, from the one or from the other, or from both sides. Say, that
+adhering to the King, their victory is an end of their trouble; that
+adhering to his enemies there is no end; for the war will continue by a
+perpetual subdivision, and when it ends, they will be in the same estate
+they were before. That they are often abused by men who to them seem
+wise, when then their wisdom is nothing else but envy of those that are
+in grace and in profitable employments; and that those men do but abuse
+the common people to their own ends, that set up a private man’s
+propriety against the public safety. But say withal, that the King is
+subject to the laws of God, both written and unwritten, and to no other;
+and so was William the Conqueror, whose right is all descended to our
+present King.
+
+_L._ As to the law of reason, which is equity, it is sure enough there
+is but one legislator, which is God.
+
+_P._ It followeth, then, that which you call the common law, distinct
+from statute law, is nothing else but the law of God.
+
+_L._ In some sense it is; but it is not Gospel, but natural reason, and
+natural equity.
+
+_P._ Would you have every man to every other man allege for law his own
+particular reason? There is not amongst men a universal reason agreed
+upon in any nation, besides the reason of him that hath the sovereign
+power. Yet though his reason be but the reason of one man, yet it is set
+up to supply the place of that universal reason, which is expounded to
+us by our Saviour in the Gospel; and consequently our King is to us the
+legislator both of statute-law, and of common-law.
+
+_L._ Yes, I know that the laws spiritual, which have been law in this
+kingdom since the abolishing of popery, are the King’s laws, and those
+also that were made before. For the Canons of the Church of Rome were no
+laws, neither here, nor anywhere else without the Pope’s temporal
+dominions, farther than kings and states in their several dominions
+respectively did make them so.
+
+_P._ I grant that. But you must grant also, that those spiritual laws
+were made by the legislators of the spiritual law. And yet not all kings
+and states make laws by consent of the Lords and Commons; but our King
+here is so far bound to their assents, as he shall judge conducing to
+the good and safety of his people. For example, if the Lords and Commons
+should advise him to restore those laws spiritual, which in Queen Mary’s
+time were in force, I think the King were by the law of reason obliged,
+without the help of any other law of God, to neglect such advice.
+
+_L._ I grant you that the King is sole legislator; but with this
+restriction, that if he will not consult with the Lords of Parliament,
+and hear the complaints and informations of the Commons, that are best
+acquainted with their own wants, he sinneth against God, though he
+cannot be compelled to any thing by his subjects by arms and force.
+
+_P._ We are agreed upon that already. Since therefore the King is sole
+legislator, I think it also reason he should be sole supreme judge.
+
+[Sidenote: The King is the supreme judge.]
+
+_L._ There is no doubt of that; for otherwise there would be no
+congruity of judgments with the laws. I grant also that he is the
+supreme judge over all persons, and in all causes civil and
+ecclesiastical within his own dominions; not only by act of Parliament
+at this time, but that he has ever been so by the common law. For the
+judges of both the Benches have their offices by the King’s
+letters-patent; and so as to judicature have the bishops. Also the Lord
+Chancellor hath his office by receiving from the King the Great Seal of
+England. And, to say all at once, there is no magistrate, or
+commissioner for public business, neither of judicature nor execution,
+in State or Church, in peace or war, but he is made so by authority from
+the King.
+
+_P._ It is true; but perhaps you may think otherwise, when you read such
+acts of parliament, as say, that the King shall have power and authority
+to do this or that by virtue of that act, as _Elizabeth_ c. I. “that
+your highness, your heirs, and successors, Kings, or Queens of this
+realm, shall have full power and authority, by virtue of this act, by
+letters-patent under the great seal of England, to assign, &c.” Was it
+not this Parliament that gave this authority to the Queen?
+
+_L._ No. For the statute in this clause is no more than, as Sir Edward
+Coke useth to speak, an affirmance of the common-law. For she being head
+of the Church of England, might make commissioners for the deciding of
+matters ecclesiastical, as freely as if she had been Pope, who did, you
+know, pretend his right from the law of God.
+
+_P._ We have hitherto spoken of laws without considering anything of the
+nature and essence of a law; and now unless we define the word _law_, we
+can go no farther without ambiguity and fallacy, which will be but loss
+of time; whereas, on the contrary, the agreement upon our words will
+enlighten all we have to say hereafter.
+
+_L._ I do not remember the definition of _law_ in any statute.
+
+_P._ I think so: for the statutes were made by authority, and not drawn
+from any other principles than the care of the safety of the people.
+Statutes are not philosophy, as is the common-law, and other disputable
+arts, but are commands or prohibitions, which ought to be obeyed,
+because assented to by submission made to the Conqueror here in England,
+and to whosoever had the sovereign power in other commonwealths; so that
+the positive laws of all places are statutes. The definition of law was
+therefore unnecessary for the makers of statutes, though very necessary
+to them whose work it is to teach the sense of the law.
+
+_L._ There is an accurate definition of a law in Bracton, cited by Sir
+Edward Coke: _Lex est sanctio justa, jubens honesta, et prohibens
+contraria_.
+
+_P._ That is to say, law is a just statute, commanding those things
+which are honest, and forbidding the contrary. From whence it followeth,
+that in all cases it must be the honesty or dishonesty that makes the
+command a law; whereas you know that but for the law we could not, as
+saith St. Paul, have known what is sin. Therefore this definition is no
+ground at all for any farther discourse of law. Besides, you know the
+rule of honest and dishonest refers to honour, and that it is justice
+only, and injustice, that the law respecteth. But that which I most
+except against in this definition, is, that it supposes that a statute
+made by the sovereign power of a nation may be unjust. There may indeed
+in a statute-law, made by men, be found iniquity, but not injustice.
+
+_L._ This is somewhat subtile. I pray deal plainly. What is the
+difference between injustice and iniquity?
+
+_P._ I pray you tell me first, what is the difference between a court of
+justice, and a court of equity?
+
+_L._ A court of justice is that which hath cognizance of such causes as
+are to be ended by the positive laws of the land; and a court of equity
+is that, to which belong such causes as are to be determined by equity;
+that is to say, by the law of reason.
+
+_P._ You see then that the difference between injustice and iniquity is
+this; that injustice is the transgression of a statute-law, and iniquity
+the transgression of the law of reason. But perhaps you mean by
+common-law, not the law itself, but the manner of proceeding in the law,
+as to matter of fact, by twelve men, freeholders; though those twelve
+men are no court of equity, nor of justice, because they determine not
+what is just or unjust, but only whether it be done or not done; and
+their judgment is nothing else but a confirmation of that which is
+properly the judgment of the witnesses. For to speak exactly, there
+cannot possibly be any judge of fact besides the witnesses.
+
+_L._ How would you have a law defined?
+
+_P._ Thus; a law is the command of him or them that have the sovereign
+power, given to those that be his or their subjects, declaring publicly
+and plainly what every of them may do, and what they must forbear to do.
+
+_L._ Seeing all judges in all courts ought to judge according to equity,
+which is the law of reason, a distinct court of equity seemeth to me to
+be unnecessary, and but a burthen to the people, since common-law and
+equity are the same law.
+
+_P._ It were so indeed, if judges could not err; but since they may err,
+and that the King is not bound to any other law but that of equity, it
+belongs to him alone to give remedy to them that, by the ignorance or
+corruption of a judge, shall suffer damage.
+
+_L._ By your definition of a law, the King’s proclamation under the
+Great Seal of England is a law; for it is a command, and public, and of
+the sovereign to his subjects.
+
+_P._ Why not, if he think it necessary for the good of his subjects? For
+this is a maxim at the common-law alleged by Sir Edward Coke himself, (I
+Inst. sect. 306), _Quando lex aliquid concedit, concedere videtur et id
+per quod devenitur ad illud_. And you know out of the same author, that
+divers Kings of England have often, to the petitions in Parliament which
+they granted, annexed such exceptions as these, _unless there be
+necessity, saving our regality_; which I think should be always
+understood, though they be not expressed; and are understood so by
+common lawyers, who agree that the King may recall any grant wherein he
+was deceived.
+
+_L._ Again, whereas you make it of the essence of a law to be publicly
+and plainly declared to the people, I see no necessity for that. Are not
+all subjects bound to take notice of all acts of Parliament, when no act
+can pass without their consent?
+
+_P._ If you had said that no act could pass without their knowledge,
+then indeed they had been bound to take notice of them; but none can
+have knowledge of them but the members of the houses of Parliament;
+therefore the rest of the people are excused. Or else the knights of the
+shire should be bound to furnish people with a sufficient number of
+copies, at the people’s charge, of the acts of Parliament, at their
+return into the country; that every man may resort to them, and by
+themselves, or friends, take notice of what they are obliged to. For
+otherwise it were impossible they should be obeyed: and that no man is
+bound to do a thing impossible, is one of Sir Edward Coke’s maxims at
+the common-law. I know that most of the statutes are printed; but it
+does not appear that every man is bound to buy the book of statutes, nor
+to search for them at Westminster or at the Tower, nor to understand the
+language wherein they are for the most part written.
+
+_L._ I grant it proceeds from their own faults; but no man can be
+excused by ignorance of the law of reason, that is to say, by ignorance
+of the common-law, except children, madmen, and idiots. But you exact
+such a notice of the statute-law, as is almost impossible. Is it not
+enough that they in all places have a sufficient number of the penal
+statutes?
+
+_P._ Yes; if they have those penal statutes near them. But what reason
+can you give me why there should not be as many copies abroad of the
+statutes, as there be of the Bible?
+
+_L._ I think it were well that every man that can read, had a
+statute-book; for certainly no knowledge of those laws, by which men’s
+lives and fortunes can be brought into danger, can be too much. I find a
+great fault in your definition of law; which is, that every law either
+forbiddeth or commandeth something. It is true that the moral law is
+always a command or a prohibition, or at least implieth it. But in the
+Levitical law, where it is said that he that stealeth a sheep shall
+restore fourfold, what command or prohibition lieth in these words?
+
+_P._ Such sentences as that are not in themselves general, but
+judgments; nevertheless, there is in those words implied a commandment
+to the judge, to cause to be made a fourfold restitution.
+
+_L._ That is right.
+
+_P._ Now define what justice is, and what actions and men are to be
+called just.
+
+_L._ Justice is the constant will of giving to every man his own; that
+is to say, of giving to every man that which is his right, in such
+manner as to exclude the right of all men else to the same thing. A just
+action is that which is not against the law. A just man is he that hath
+a constant will to live justly; if you require more, I doubt there will
+no man living be comprehended within the definition.
+
+_P._ Seeing then that a just action, according to your definition, is
+that which is not against the law; it is manifest that before there was
+a law, there could be no injustice; and therefore laws are in their
+nature antecedent to justice and injustice. And you cannot deny but
+there must be law-makers, before there were any laws, and consequently
+before there was any justice, (I speak of human justice); and that
+law-makers were before that which you call _own_, or property of goods
+or lands, distinguished by _meum_, _tuum_, _alienum_.
+
+_L._ That must be granted; for without statute-laws, all men have right
+to all things; and we have had experience, when our laws were silenced
+by civil war, there was not a man, that of any goods could say assuredly
+they were his own.
+
+_P._ You see then that no private man can claim a propriety in any
+lands, or other goods, from any title from any man but the King, or them
+that have the sovereign power; because it is in virtue of the
+sovereignty, that every man may not enter into and possess what he
+pleaseth; and consequently to deny the sovereign anything necessary to
+the sustaining of his sovereign power, is to destroy the propriety he
+pretends to. The next thing I will ask you is, how you distinguish
+between law and right, or _lex_ and _jus_.
+
+_L._ Sir Edward Coke in divers places makes _lex_ and _jus_ to be the
+same, and so _lex communis_ and _jus communis_, to be all one; nor do I
+find that he does in any place distinguish them.
+
+_P._ Then will I distinguish them, and make you judge whether my
+distinction be not necessary to be known by every author of the
+common-law. For law obligeth me to do, or forbear the doing of
+something; and therefore it lays upon me an obligation. But my right is
+a liberty left me by the law to do any thing which the law forbids me
+not, and to leave undone any thing which the law commands me not. Did
+Sir Edward Coke see no difference between being bound and being free?
+
+_L._ I know not what he saw, but he has not mentioned it. Though a man
+may dispense with his own liberty, he cannot do so with the law.
+
+_P._ But what are you better for your right, if a rebellious company at
+home, or an enemy from abroad, take away the goods, or dispossess you of
+the lands you have a right to? Can you be defended or repaired, but by
+the strength and authority of the King? What reason therefore can be
+given by a man that endeavours to preserve his propriety, why he should
+deny or malignly contribute to the strength that should defend him or
+repair him? Let us see now what your books say to this point, and other
+points of the right of sovereignty. Bracton, the most authentic author
+of the common law, (fol. 55), saith thus: _Ipse Dominus Rex habet omnia
+jura in manu sua, sicut Dei vicarius; habet etiam ea quæ sunt pacis;
+habet etiam coercionem, ut delinquentes puniat; item habet in potestate
+sua leges. Nihil enim prodest jura condere, nisi sit qui jura tueatur._
+That is to say: Our Lord the King hath all right in his own hands; is
+God’s vicar; he has all that concerns the peace; he has the power to
+punish delinquents; all the laws are in his power: to make laws is to no
+purpose, unless there be somebody to make them obeyed. If Bracton’s law
+be reason, as I and you think it is, what temporal power is there which
+the King hath not? Seeing that at this day all the power spiritual,
+which Bracton allows the Pope, is restored to the crown; what is there
+that the King cannot do, excepting sin against the law of God? The same
+Bracton, (_lib._ ii. _c._ 8, fol. 5), saith thus: _Si autem a Rege
+petatur, cum breve non currat contra ipsum, locus erit supplicationi
+quod factum suum corrigat et emendet; quod quidem si non fecerit, satis
+sufficit ei ad pœnam, quod Dominum expectet ultorem: nemo quidem de
+factis suis præsumat disputare, multo fortius contra factum suum
+venire_. That is to say: If any thing be demanded of the King, seeing a
+writ lieth not against him, he is put to his petition, praying him to
+correct and amend his own fact; which if he will not do, it is a
+sufficient penalty for him, that he is to expect a punishment from the
+Lord: no man may presume to dispute of what he does, much less to resist
+him. You see by this, that this doctrine concerning the rights of
+sovereignty, so much cried down by the Long Parliament, is the ancient
+common-law, and that the only bridle of the Kings of England, ought to
+be the fear of God. And again, Bracton, (_lib._ ii. _c._ 24, fol. 55),
+says, that the rights of the Crown cannot be granted away: _Ea vero quæ
+jurisdictionis sunt et pacis, et ea quæ sunt justitiæ et paci annexa, ad
+nullum pertinent nisi ad coronam et dignitatem Regiam, nec a corona
+separari poterunt, nec a privata persona possideri_. This is to say:
+those things which belong to jurisdiction and peace, and those things
+that are annexed to justice and peace, appertain to none but to the
+crown and dignity of the King, nor can be separated from the crown, nor
+be possessed by a private person. Again, you will find in Fleta, a
+law-book written in the time of Edward II, that liberties, though
+granted by the King, if they tend to the hinderance of justice, or
+subversion of the regal power, were not to be used, nor allowed; for in
+that book, (_lib._ i. c. 20, §54) concerning articles of the crown,
+which the justices itinerant are to enquire of, the 54th article is
+this: You shall inquire, _de libertatibus concessis quæ impediunt
+communem justitiam, et Regiam potestatem subvertunt_. Now what is a
+greater hinderance to common justice, or a greater subversion of the
+regal power, than a liberty in subjects to hinder the King from raising
+money necessary to suppress or prevent rebellions, which doth destroy
+justice, and subvert the power of the sovereignty? Moreover, when a
+charter is granted by the King in these words: “_Dedita etc. ... coram
+etc. ... pro me et hæredibus meis_:” the grantor by the common-law, as
+Sir Edward Coke says in his Commentaries on Littleton, is to warrant his
+gift; and I think it reason, especially if the gift be upon
+consideration of a price paid. Suppose a foreign state should lay claim
+to this kingdom, (it is no matter as to the question I am putting,
+whether the claim be unjust), how would you have the King to warrant to
+every freeholder in England the lands they hold of him by such a
+charter? If he cannot levy money, their estates are lost, and so is the
+King’s estate; and if the King’s estate be gone, how can he repair the
+value due upon the warranty? I know that the King’s charters are not so
+merely grants, as that they are not also laws; but they are such laws as
+speak not to all the King’s subjects in general, but only to his
+officers; implicitly forbidding them to judge or execute any thing
+contrary to the said grants. There be many men that are able judges of
+what is right reason, and what not; when any of these shall know that a
+man has no superior nor peer in the kingdom, he will hardly be persuaded
+he can be bound by any law of the kingdom, or that he who is subject to
+none but God, can make a law upon himself, which he cannot also as
+easily abrogate as he made it. The main argument, and that which so much
+taketh with the throng of people, proceedeth from a needless fear put
+into their minds by such men as mean to make use of their hands to their
+own ends. For if, say they, the King may notwithstanding the law do what
+he please, and nothing to restrain him but the fear of punishment in the
+world to come, then, in case there come a king that fears no such
+punishment, he may take away from us, not only our lands, goods, and
+liberties, but our lives also if he will. And they say true; but they
+have no reason to think he will, unless it be for his own profit; which
+cannot be, for he loves his own power; and what becomes of his power
+when his subjects are destroyed or weakened, by whose multitude and
+strength he enjoys his power, and every one of his subjects his fortune?
+And lastly, whereas they sometimes say the King is bound, not only to
+cause his laws to be observed, but also to observe them himself; I think
+the King causing them to be observed is the same thing as observing them
+himself. For I never heard it taken for good law, that the King may be
+indicted, or appealed, or served with a writ, till the Long Parliament
+practised the contrary upon the good King Charles; for which divers of
+them were executed, and the rest by this our present King pardoned.
+
+_L._ Pardoned by the King and Parliament.
+
+_P._ By the King in Parliament if you will, but not by the King and
+Parliament. You cannot deny, but that the pardoning of injury belongs to
+the person that is injured; treason, and other offences against the
+peace and against the right of the sovereign, are injuries done to the
+King; and therefore whosoever is pardoned any such offence, ought to
+acknowledge he owes his pardon to the King alone: but as to such
+murders, felonies, and other injuries as are done to any subject how
+mean soever, I think it great reason that the parties endamaged ought to
+have satisfaction before such pardon be allowed. And in the death of a
+man, where restitution of life is impossible, what can any friend, heir,
+or other party that may appeal, require more than reasonable
+satisfaction some other way? Perhaps he will be content with nothing but
+life for life; but that is revenge, and belongs to God, and under God to
+the King, and none else; therefore if there be reasonable satisfaction
+tendered, the King without sin, I think, may pardon him. I am sure, if
+the pardoning him be a sin, that neither King, nor Parliament, nor any
+earthly power can do it.
+
+_L._ You see by this your own argument, that the Act of _Oblivion_,
+without a Parliament, could not have passed; because, not only the King,
+but also most of the Lords, and abundance of common people had received
+injuries; which not being pardonable but by their own assent, it was
+absolutely necessary that it should be done in Parliament, and by the
+assent of the Lords and Commons.
+
+_P._ I grant it; but I pray you tell me now what is the difference
+between a general pardon, and an act of _oblivion_?
+
+_L._ The word Act of _Oblivion_ was never in our books before; but I
+believe it is in yours.
+
+_P._ In the state of Athens long ago, for the abolishing of the civil
+war, there was an act agreed on; that from that time forward, no man
+should be molested for anything before that act done, whatsoever,
+without exception; which act the makers of it called an act of
+_oblivion_; not that all injuries should be forgotten (for then we could
+never have had the story), but that they should not rise up in judgment
+against any man. And in imitation of this act, the like was propounded,
+though it took no effect, upon the death of Julius Cæsar, in the senate
+of Rome. By such an act you may easily conceive that all accusations for
+offences past were absolutely dead and buried; and yet we have no great
+reason to think, that the objecting one to another of the injuries
+pardoned, was any violation of those acts, except the same were so
+expressed in the act itself.
+
+_L._ It seems then that the act of _oblivion_ was here no more, nor of
+other nature, than a general pardon.
+
+[Sidenote: Of Courts.]
+
+_P._ Since you acknowledge that in all controversies, the judicature
+originally belongeth to the King, and seeing that no man is able in his
+own person to execute an office of so much business: what order is taken
+for deciding of so many and so various controversies?
+
+_L._ There be divers sorts of controversies, some of which are
+concerning men’s titles to lands and goods; and some goods are
+corporeal, as lands, money, cattle, corn, and the like, which may be
+handled or seen; and some incorporeal, as privileges, liberties,
+dignities, offices, and many other good things, mere creatures of the
+law, and cannot be handled or seen; and both of these kinds are
+concerning _meum_ and _tuum_. Others there are concerning crimes
+punishable divers ways: and amongst some of these, part of the
+punishment is some fine or forfeiture to the King; and then it is called
+a plea of the Crown, in case the King sue the party; otherwise it is but
+a private plea, which they call an appeal. And though upon judgment in
+an appeal the King shall have his forfeiture, yet it cannot be called a
+plea of the Crown, but when the Crown pleadeth for it. There be also
+other controversies concerning the government of the Church, in order to
+religion and virtuous life. The offences both against the Crown and
+against the laws of the Church, are crimes: but the offences of one
+subject against another, if they be not against the Crown, the King
+pretendeth nothing in those pleas but the reparation of his subjects
+injured.
+
+_P._ A crime is an offence of any kind whatsoever, for which a penalty
+is ordained by the law of the land: but you must understand that damages
+awarded to the party injured, has nothing common with the nature of a
+penalty, but is merely a restitution or satisfaction, due to the party
+grieved by the law of reason, and consequently is no more a punishment
+than is the paying of a debt.
+
+_L._ It seems by this definition of a crime, you make no difference
+between a crime and a sin.
+
+_P._ All crimes are indeed sins, but not all sins crimes. A sin may be
+in the thought or secret purpose of a man, of which neither a judge, nor
+a witness, nor any man can take notice; but a crime is such a sin as
+consists in an action against the law, of which action he can be
+accused, and tried by a judge, and be convinced or cleared by witnesses.
+Farther; that which is no sin in itself, but indifferent, may be made
+sin by a positive law: as when the statute was in force that no man
+should wear silk in his hat, after the statute such wearing of silk was
+a sin, which was not so before. Nay, sometimes an action that is good in
+itself, by the statute law may be made a sin; as if a statute should be
+made to forbid the giving of alms to a strong and sturdy beggar, such
+alms, after that law, would be a sin, but not before; for then it was
+charity, the object whereof is not the strength or other quality of the
+poor man, but his poverty. Again, he that should have said in Queen
+Mary’s time, that the Pope had no authority in England, should have been
+burnt at a stake; but for saying the same in the time of Queen
+Elizabeth, should have been commended. You see by this, that many things
+are made crimes, and no crime, which are not so in their own nature, but
+by diversity of law, made upon diversity of opinion or of interest by
+them which have authority: and yet those things, whether good or evil,
+will pass so with the vulgar, if they hear them often with odious terms
+recited, for heinous crimes in themselves, as many of those opinions,
+which are in themselves pious and lawful, were heretofore, by the Pope’s
+interest therein, called detestable heresy. Again, some controversies
+are of things done upon the sea, others of things done upon the land.
+There need be many courts to the deciding of so many kinds of
+controversies. What order is there taken for their distribution?
+
+_L._ There be an extraordinary great number of courts in England. First,
+there be the King’s courts, both for law and equity, in matters
+temporal; which are the Chancery, the King’s Bench, the Court of Common
+Pleas; and, for the King’s revenue, the Court of the Exchequer: and
+there be subjects' courts by privilege, as the Courts in London and
+other privileged places. And there be other courts of subjects, as the
+Court of Landlords, called the Court of Barons, and the Courts of
+Sheriffs. Also the Spiritual Courts are the King’s courts at this day,
+though heretofore they were the Pope’s courts. And in the King’s courts,
+some have their judicature by office, and some by commission; and some
+authority to hear and determine, and some only to inquire, and to
+certify into other courts. Now for the distribution of what pleas every
+court may hold, it is commonly held, that all the pleas of the Crown,
+and of all offences contrary to the peace, are to be holden in the
+King’s Bench, or by commissioners. For Bracton saith: _Sciendum est,
+quod si actiones sunt criminales, in Curia Domini Regis debent
+determinari; cum sit ibi pœna corporalis infligenda, et hoc coram ipso
+rege, si tangat personam suam, sicut crimen læsæ majestatis, vel coram
+justitiariis ad hoc specialiter assignatis_: that is to say, that if the
+plea be criminal, it ought to be determined in the Court of our Lord the
+King, because there they have power to inflict corporal punishment; and
+if the crime be against his person, as the crime of treason, it ought to
+be determined before the King himself; or if it be against a private
+person, it ought to be determined by justices assigned, that is to say,
+before commissioners. It seems by this, that heretofore Kings did hear
+and determine pleas of treason against themselves, by their own persons;
+but it has been otherwise a long time, and is now; for it is now the
+office of the Lord Steward of England, in the trial of a peer, to hold
+that plea by a commission especially for the same. In causes concerning
+_meum_ and _tuum_, the King may sue, either in the King’s Bench, or in
+the Court of Common Pleas; as it appears by Fitzherbert in his <cite
+lang="la">Natura Brevium_, at the writ of escheat.
+
+_P._ A king perhaps will not sit to determine of causes of treason
+against his person, lest he should seem to make himself judge in his own
+cause; but that it shall be judged by judges of his own making can never
+be avoided, which is all one as if he were judge himself.
+
+_L._ To the King’s Bench also, I think, belongeth the hearing and
+determining of all manner of breaches of the peace whatsoever, saving
+always to the King that he may do the same, when he pleaseth, by
+commissioners. In the time of Henry III and Edward I (when Bracton
+wrote) the King did usually send down every seven years into the
+country, commissioners called justices itinerant, to hear and determine
+generally all causes temporal, both criminal and civil; whose places
+have been now a long time supplied by the justices of assize, with
+commissions of the peace of _oyer_ and _terminer_, and of gaol-delivery.
+
+_P._ But why may the King only sue in the King’s Bench or Court of
+Common Pleas, which he will, and no other person may do the same?
+
+_L._ There is no statute to the contrary, but it seemeth to be the
+common-law. For Sir Edward Coke (IV_th Instit._), setteth down the
+jurisdiction of the King’s Bench; which, he says, has: first,
+jurisdiction in all pleas of the Crown. Secondly, the correcting of all
+manner of errors of other justices and judges, both of judgments and
+process, except of the Court of Exchequer, which, he says, is to this
+court _proprium quarto modo_. Thirdly, that it has power to correct all
+misdemeanours _extrajudicial_, tending to the breach of the peace, or
+oppression of the subjects, or raising of factions, controversies,
+debates, or any other manner of misgovernment. Fourthly, it may hold
+plea by writ out of the Chancery of all trespasses done _vi et armis_.
+Fifthly, it hath power to hold plea by bill for debt, detenue, covenant,
+promise, and all other personal actions. But of the jurisdiction of the
+King’s Bench in actions real he says nothing; save, that if a writ in a
+real action be abated by judgment in the Court of Common Pleas, and that
+the judgment be by a writ of error reversed in the King’s Bench, then
+the King’s Bench may proceed upon the writ.
+
+_P._ But how is the practice?
+
+_L._ Real actions are commonly decided, as well in the King’s Bench, as
+in the Court of Common Pleas.
+
+_P._ When the King by authority in writing maketh a Lord Chief Justice
+of the King’s Bench; does he not set down what he makes him for?
+
+_L._ Sir Edward Coke sets down the letters-patent, whereby of ancient
+time the Lord Chief Justice was constituted, wherein is expressed to
+what end he hath his office; _viz. pro conservatione nostra et
+tranquillitatis regni nostri, et ad justitiam universis et singulis de
+regno nostro exhibendam, constituimus dilectum et fidelem nostrum_ P.B.
+_Justitiarium Angliæ, quamdiu nobis placuerit, Capitalem, etc._: that is
+to say, for the preservation of ourself, and of the peace of our realm,
+and for the doing of justice to all and singular our subjects, we have
+constituted our beloved and faithful P. B. during our pleasure, Chief
+Justice of England, &c.
+
+_P._ Methinks it is very plain by these letters-patent, that all causes
+temporal within the kingdom, except the pleas that belong to the
+Exchequer, should be decidable by this Lord Chief Justice. For as for
+causes criminal, and that concern the peace, it is granted him in these
+words, “for the conservation of our self, and peace of the kingdom,”
+wherein are contained all pleas criminal; and, in the doing of justice
+to all and singular the King’s subjects are comprehended all pleas
+civil. And as to the Court of Common Pleas, it is manifest it may hold
+all manner of civil pleas, except those of the Exchequer, by _Magna
+Charta_, cap. ii. So that all original writs concerning civil pleas are
+returnable into either of the said courts. But how is the Lord Chief
+Justice made now?
+
+_L._ By these words in their letters-patent: _Constituimus vos
+Justitiarium nostrum Capitalem ad placita coram nobis tenenda, durante
+beneplacito nostro_: that is to say, we have made you our Chief Justice,
+to hold pleas before ourself, during our pleasure. But this writ, though
+it be shorter, does not at all abridge the power they had by the former.
+And for the letters-patent for the Chief Justice of the Common Pleas,
+they go thus: _Constituimus dilectum et fidelem, etc., Capitalem
+Justitiarium de Communi Banco, habendum, etc., quamdiu nobis placuerit,
+cum vadiis et fœdis ab antiquo debitis et consuetis. Id est_, We have
+constituted our beloved and faithful, &c., Chief Justice of the Common
+Bench, to have, &c., during our pleasure, with the ways and fees
+thereunto heretofore due, and usual.
+
+_P._ I find in history, that there have been in England always a
+Chancellor and a Chief Justice of England, but of a Court of Common
+Pleas there is no mention before _Magna Charta_. Common pleas there were
+ever both here, and, I think, in all nations; for common pleas and civil
+pleas I take to be the same.
+
+_L._ Before the statute of _Magna Charta_, common pleas, as Sir Edward
+Coke granteth, (2 _Inst._ p. 21), might have been holden in the King’s
+Bench; and that court being removeable at the King’s will, the returns
+of writs were _Coram nobis ubicunque fuerimus in Anglia_; whereby great
+trouble of jurors ensued, and great charges of the parties, and delay of
+justice; and for these causes it was ordained, that the common pleas
+should not follow the King, but be held in a place certain.
+
+_P._ Here Sir Edward Coke declares his opinion, that no common plea can
+be holden in the King’s Bench, in that he says they might have been
+holden then. And yet this doth not amount to any probable proof, that
+there was any Court of Common Pleas in England before _Magna Charta_.
+For this statute being to ease the jurors, and lessen the charges of
+parties, and for the expedition of justice, had been in vain, if there
+had been a Court of Common Pleas then standing; for such a court was not
+necessarily to follow the King, as was the Chancery and the King’s
+Bench. Besides, unless the King’s Bench, wheresoever it was, held plea
+of civil causes, the subject had not at all been eased by this statute.
+For supposing the King at York, had not the King’s subjects about
+London, jurors and parties, as much trouble and charge to go to York, as
+the people about York had before to go to London? Therefore I can by no
+means believe otherwise, than that the erection of the Court of Common
+Pleas was the effect of that statute of _Magna Charta_, cap. 11; and
+before that time not existent, though I think that for the multiplicity
+of suits in a great kingdom there was need of it.
+
+_L._ Perhaps there was not so much need of it as you think. For in those
+times the laws, for the most part, were in settling, rather than
+settled; and the old Saxon laws concerning inheritances were then
+practised, by which laws speedy justice was executed by the King’s
+writs, in the courts of Barons, which were landlords to the rest of the
+freeholders; and suits of barons in County courts; and but few suits in
+the King’s courts, but when justice could not be had in those inferior
+courts. But at this day there be more suits in the King’s courts, than
+any one court can despatch.
+
+_P._ Why should there be more suits now, than formerly? For I believe
+this kingdom was as well peopled then as now.
+
+_L._ Sir Edward Coke (4 _Inst._ p. 76) assigneth for it six causes: 1.
+Peace. 2. Plenty. 3. The dissolution of religious houses, and dispersing
+of their lands among so many several persons. 4. The multitude of
+informers. 5. The number of concealers. 6. The multitude of attorneys.
+
+_P._ I see Sir Edward Coke has no mind to lay any fault upon the men of
+his own profession, and that he assigns for causes of the mischiefs,
+such things as would be mischief and wickedness to amend. For if peace
+and plenty be the cause of this evil, it cannot be removed but by war
+and beggary; and the quarrels arising about the lands of religious
+persons cannot arise from the lands, but from the doubtfulness of the
+laws. And for informers, they were authorized by statutes; to the
+execution of which statutes they are so necessary, as that their number
+cannot be too great; and if it be too great, the fault is in the law
+itself. The number of concealers are indeed a number of cozeners, which
+the law may easily correct. And lastly, for the multitude of attorneys,
+it is the fault of them that have the power to admit or refuse them. For
+my part, I believe that men at this day have better learned the art of
+cavilling against the words of a statute, than heretofore they had, and
+thereby encourage themselves and others to undertake suits upon little
+reason. Also the variety and repugnancy of judgments of common-law, do
+oftentimes put men to hope for victory in causes whereof in reason they
+had no ground at all: also the ignorance of what is equity in their own
+causes, which equity not one man in a thousand ever studied. And the
+lawyers themselves seek not for their judgments in their own breasts,
+but in the precedents of former judges: as the ancient judges sought the
+same, not in their own reason, but in the laws of the empire. Another,
+and perhaps the greatest cause of multitude of suits, is this, that for
+want of registering of conveyances of land, which might easily be done
+in the townships where the lands lay, a purchase cannot easily be had
+which will not be litigious. Lastly, I believe the covetousness of
+lawyers was not so great in ancient time, which was full of trouble, as
+they have been since in time of peace; wherein men have leisure to study
+fraud, and get employment from such men as can encourage to contention.
+And how ample a field they have to exercise this mystery in, is manifest
+from this, that they have a power to scan and construe every word in a
+statute, charter, feoffment, lease, or other deed, evidence, or
+testimony. But to return to the jurisdiction of this Court of the King’s
+Bench, where, as you say, it hath power to correct and amend the errors
+of all other judges, both in process and in judgments; cannot the judges
+of the Common Pleas correct error in process in their own courts,
+without a writ of error from another court?
+
+_L._ Yes; and there be many statutes which command them so to do.
+
+_P._ When a writ of error is brought out of the King’s Bench, be it
+either error in process or in law, at whose charge is it to be done?
+
+_L._ At the charge of the client.
+
+_P._ I see no reason for that; for the client is not in fault, who never
+begins a suit but by the advice of his counsel, learned in the law, whom
+he pays for his counsel given. Is not this the fault of his counsellor?
+Nor when a judge in the Common Pleas hath given an erroneous sentence,
+is it always likely that the judge of the King’s Bench will reverse the
+judgment, (though there be no question, but as you may find in Bracton
+and other learned men, he has power to do it); because being professors
+of the same common-law, they are persuaded, for the most part, to give
+the same judgments. For example: if Sir Edward Coke, in the last term
+that he sat as Lord Chief Justice in the Court of Common Pleas, had
+given an erroneous judgment, is it likely that when he was removed, and
+made Lord Chief Justice of the King’s Bench, he would therefore have
+reversed the said judgment? It is possible he might, but not very
+likely. And therefore I do believe there is some other power, by the
+King constituted, to reverse erroneous judgments, both in the King’s
+Bench and in the Court of Common Pleas.
+
+_L._ I think not; for there is a statute to the contrary, made 4 _Henry
+IV_, cap. 23, in these words: Whereas, as well in plea real, as in plea
+personal, after judgment in the court of our Lord the King, the parties
+be made to come upon grievous pain sometimes before the King himself,
+sometimes before the King’s council, and sometimes to the Parliament, to
+answer thereof anew, to the great impoverishing of the parties
+aforesaid, and to the subversion of the common-law of the land, it is
+ordained and established, that after judgment given in the court of our
+Lord the King, the parties and their heirs shall be there in peace,
+until the judgment be undone by attaint, or by error, if there be error,
+as hath been used by the laws in the times of the King’s progenitors.
+
+_P._ This statute is so far from being repugnant to that I say, as it
+seemeth to me to have been made expressly to confirm the same. For the
+substance of the statute is, that there shall be no suit made by either
+of the parties for anything adjudged, either in the King’s Bench, or
+Court of Common Pleas, before the judgment be undone by error, or
+corruption proved; and that this was the common-law before the making of
+this statute, which could not be, except there were before this statute
+some courts authorized to examine and correct such errors as by the
+plaintiff should be assigned. The inconvenience which by this statute
+was to be remedied was this, that often judgment given in the King’s
+courts, by which are meant in this place the King’s Bench and Court of
+Common Pleas, the party against whom the judgment was given, did begin a
+new suit, and cause his adversary to come before the King himself. Here,
+by the King himself must be understood the King in person: for though in
+a writ by the words _coram nobis_ is understood the King’s Bench, yet in
+a statute it is never so; nor is it strange, seeing in those days the
+King did usually sit in court with his council to hear causes, as
+sometimes King James. And sometimes the same parties commenced their
+suit before the Privy Council, though the King were absent, and
+sometimes before the Parliament, the former judgment yet standing. For
+remedy whereof, it was ordained by this statute, that no man should
+renew his suit till the former judgment was undone by attaint or error;
+which reversing of a judgment had been impossible, if there had been no
+court besides the aforesaid two courts, wherein the errors might be
+assigned, examined, and judged; for no court can be esteemed, in law or
+reason, a competent judge of its own errors. There was therefore before
+this statute, some other court existent for the hearing of errors, and
+reversing of erroneous judgments. What court this was, I inquire not
+yet; but I am sure it could not be either the Parliament or the Privy
+Council, or the court wherein the erroneous judgment was given.
+
+_L._ The _Doctor and Student_ discourses of this statute (cap. 18 et
+seq.) much otherwise than you do. For the author of that book saith,
+that against an erroneous judgment all remedy is by this statute taken
+away. And though neither reason, nor the office of a King, nor any law
+positive, can prohibit the remedying of any injury, much less of an
+unjust sentence; yet he shows many statutes, wherein a man’s conscience
+ought to prevail above the law.
+
+_P._ Upon what ground can he pretend, that all remedy in this case is by
+this statute prohibited?
+
+_L._ He says it is thereby enacted, that judgment given by the King’s
+Courts shall not be examined in the Chancery, Parliament, nor elsewhere.
+
+_P._ Is there any mention of Chancery in this act? It cannot be examined
+before the King and his council, nor before the Parliament; but you see
+that before the statute it was examined somewhere, and that this statute
+will have it examined there again. And seeing the Chancery was
+altogether the highest office of judicature in the kingdom for matter of
+equity, and that the Chancery is not here forbidden to examine the
+judgments of all other courts, at least it is not taken from it by this
+statute. But what cases are there in this chapter of the Doctor and
+Student, by which it can be made probable, that when law and conscience,
+or law and equity, seem to oppugn one another, the written law should be
+preferred?
+
+_L._ If the defendant wage his law in an action of debt brought upon a
+true debt, the plaintiff hath no means to come to his debt by way of
+compulsion, neither by _subpœna_, nor otherwise; and yet the defendant
+is bound in conscience to pay him.
+
+_P._ Here is no preferring, that I see, of the law above conscience or
+equity. For the plaintiff in this case loseth not his debt for want
+either of law, or equity, but for want of proof; for neither law nor
+equity can give a man his right, unless he prove it.
+
+_L._ Also if the grand jury in attaint affirm a false verdict given by
+the petty jury, there is no further remedy, but the conscience of the
+party.
+
+_P._ Here again the want of proof is the want of remedy. For if he can
+prove that the verdict given was false, the King can give him remedy
+such way as himself shall think best, and ought to do it, in case the
+party shall find surety, if the same verdict be again affirmed, to
+satisfy his adversary for the damage and vexation he puts him to.
+
+_L._ But there is a statute made since, _viz._ 27 _Eliz._ c. 8, by which
+that statute of 4 _Hen. IV._ 23, is in part taken away. For by that
+statute, erroneous judgments given in the King’s Bench, are by a writ of
+error to be examined in the Exchequer-chamber, before the justices of
+the Common Bench and the Barons of the Exchequer; and by the preamble of
+this act it appears, that erroneous judgments are only to be reformed by
+the High Court of Parliament.
+
+_P._ But here is no mention, that the judgments given in the Court of
+Common Pleas should be brought in to be examined in the
+Exchequer-chamber. Why therefore may not the Court of Chancery examine a
+judgment given in the Court of Common Pleas?
+
+_L._ You deny not but, by the ancient law of England, the King’s Bench
+may examine the judgment given in the Court of Common Pleas.
+
+_P._ It is true. But why may not also the Court of Chancery do the same,
+especially if the fault of the judgment be against equity, and not
+against the letter of the law?
+
+_L._ There is no necessity of that; for the same court may examine both
+the letter and the equity of the statute.
+
+_P._ You see by this, that the jurisdiction of courts cannot easily be
+distinguished, but by the King himself in his Parliament. The lawyers
+themselves cannot do it; for you see what contention there is between
+courts, as well as between particular men. And whereas you say, that law
+of 4 _Hen. IV._ 23, is by that of 27 _Eliz._ c. 8, taken away, I do not
+find it so. I find indeed a diversity of opinion between the makers of
+the former and the latter statute, in the preamble of the latter and
+conclusion of the former. The preamble of the latter is, forasmuch as
+erroneous judgments given in the Court called the King’s Bench, are only
+to be reformed in the High Court of Parliament; and the conclusion of
+the former is, that the contrary was law in the times of the King’s
+progenitors. These are no parts of those laws, but opinions only
+concerning the ancient custom in that case, arising from the different
+opinions of the lawyers in those different times, neither commanding nor
+forbidding anything; though of the statutes themselves, the one forbids
+that such pleas be brought before the Parliament, the other forbids it
+not. But yet, if after the act of _Hen. IV._ such a plea had been
+brought before the Parliament, the Parliament might have heard and
+determined it. For the statute forbids not that; nor can any law have
+the force to hinder the Parliament of any jurisdiction whatsoever they
+please to take upon them, seeing it is a court of the King and of all
+the people together, both Lords and Commons.
+
+_L._ Though it be, yet seeing the King (as Sir Edward Coke affirms, 4
+_Inst._ p. 71) hath committed all his power judicial, some to one court,
+and some to another, so as if any man would render himself to the
+judgment of the King, in such case where the King hath committed all his
+power judicial to others, such a render should be to no effect. And p.
+73, he saith farther: that in this court, the Kings of this realm have
+sitten on the high bench, and the judges of that court on the lower
+bench, at his feet; but judicature belongeth only to the judges of that
+court, and in his presence they answer all motions.
+
+_P._ I cannot believe that Sir Edward Coke, how much soever he desired
+to advance the authority of himself and other justices of the
+common-law, could mean that the King in the King’s Bench sat as a
+spectator only, and might not have answered all motions, which his
+judges answered, if he had seen cause for it. For he knew that the King
+was supreme judge then in all causes temporal, and is now in all causes
+both temporal and ecclesiastical; and that there is an exceeding great
+penalty ordained by the laws for them that shall deny it. But Sir Edward
+Coke, as he had (you see) in many places before, hath put a fallacy upon
+himself, by not distinguishing between committing and transferring. He
+that transferreth his power, hath deprived himself of it: but he that
+committeth it to another to be exercised in his name and under him, is
+still in the possession of the same power. And therefore, if a man
+render himself, that is to say, appealeth to the King from any judge
+whatsoever, the King may receive his appeal; and it shall be effectual.
+
+_L._ Besides these two courts, the King’s Bench for Pleas of the Crown,
+and the Court of Common Pleas for causes civil, according to the
+common-law of England, there is another court of justice, that hath
+jurisdiction in causes both civil and criminal, and is as ancient a
+court at least as the Court of Common Pleas, and this is the Court of
+the Lord Admiral; but the proceedings therein are according to the laws
+of the Roman empire, and the causes to be determined there are such as
+arise upon the marine sea: for so it is ordained by divers statutes, and
+confirmed by many precedents.
+
+_P._ As for the statutes, they are always law, and reason also; for they
+are made by the assent of all the kingdom; but precedents are judgments,
+one contrary to another; I mean divers men in divers ages, upon the same
+case give divers judgments. Therefore I will ask your opinion once more
+concerning any judgments besides those of the King, as to their validity
+in law. But what is the difference between the proceedings of the Court
+of Admiralty, and the Court of Common-law?
+
+_L._ One is, that the Court of Admiralty proceeded by two witnesses,
+without any either grand-jury to indict, or petty to convict; and the
+judge giveth sentence according to the laws imperial, which of old time
+were in force in all this part of Europe, and now are laws, not by the
+will of any other Emperor or foreign power, but by the will of the Kings
+of England that have given them force in their own dominions; the reason
+whereof seems to be, that the causes that arise at sea are very often
+between us, and people of other nations, such as are governed for the
+most part by the self-same laws imperial.
+
+_P._ How can it precisely enough be determined at sea, especially near
+the mouth of a very great river, whether it be upon the sea, or within
+the land? For the rivers also are, as well as their banks, within or a
+part of one country or other.
+
+_L._ Truly the question is difficult; and there have been many suits
+about it, wherein the question has been, whose jurisdiction it is in.
+
+_P._ Nor do I see how it can be decided but by the King himself, in case
+it be not declared in the Lord Admiral’s letters-patent.
+
+_L._ But though there be in the letters-patent a power given to hold
+plea in some certain cases, not contrary to any of the statutes
+concerning the Admiralty, the justices of the common-law may send a
+prohibition to that court, to proceed in the plea, though it be with a
+_non-obstante_ of any statute.
+
+_P._ Methinks that that should be against the right of the Crown, which
+cannot be taken from it by any subject. For that argument of Sir Edward
+Coke’s, that the King has given away all his judicial power, is worth
+nothing: because, as I have said before, he cannot give away the
+essential rights of his Crown, and because by a _non-obstante_ he
+declares he is not deceived in his grant.
+
+_L._ But you may see by the precedents alleged by Sir Edward Coke, the
+contrary has been perpetually practised.
+
+_P._ I see not that perpetually. For who can tell but there may have
+been given other judgments, in such cases, which have either been not
+preserved in the records, or else by Sir Edward Coke, because they were
+against his opinion, not alleged? For this is possible, though you will
+not grant it to be very likely. Therefore I insist only upon this, that
+no record of a judgment is a law, save only to the party pleading until
+he can by law reverse the former judgment. And as to the proceeding
+without juries, by two sufficient witnesses, I do not see what harm can
+proceed from it to the commonwealth, nor consequently any just quarrel
+that the justice of the common-law can have against their proceedings in
+the Admiralty. For the proof of the fact in both courts lieth merely on
+the witnesses; and the difference is no more, but that in the imperial
+law, the judge of the court judgeth of the testimony of the witnesses,
+and the jury doth it in a court of common-law. Besides, if a court of
+common-law should chance to encroach upon the jurisdiction of the
+Admiral, may not he send a prohibition to the court of common-law to
+forbid their proceeding? I pray you tell me what reason there is for the
+one, more than for the other?
+
+_L._ I know none but long custom, for I think it was never done. The
+highest ordinary court in England is the Court of Chancery, wherein the
+Lord Chancellor, or otherwise Keeper of the Great Seal, is the only
+judge. This court is very ancient, as appears by Sir Edward Coke, 4
+_Inst._ p. 78, where he nameth the Chancellors of King Edgar, King
+Etheldred, King Edmund, and King Edward the Confessor. His office is
+given to him, without letters-patent, by the King’s delivery to him of
+the Great Seal of England; and whosoever hath the keeping of the Great
+Seal of England, hath the same, and the whole jurisdiction that the Lord
+Chancellor ever had by the statute of 5 _Eliz._ _c._ 18, wherein it is
+declared, that such is, and always has been the common-law. And Sir
+Edward Coke says, he has his name of Chancellor from the highest point
+of his jurisdiction, viz. a _cancellando_; that is, from cancelling the
+King’s letters-patent, by drawing strokes through it like a lattice.
+
+_P._ Very pretty. It is well enough known that _Cancellarius_ was a
+great officer under the Roman empire, whereof this island was once a
+member, and that the office came into this kingdom, either with, or in
+imitation of the Roman government. Also, it was long after the time of
+the twelve Cæsars, that this officer was created in the state of Rome.
+For till after Septimius Severus his time, the emperors did diligently
+enough take cognizance of all causes and complaints for judgments given
+in the Courts of the Prætors, which were in Rome the same that the
+judges of the common-law are here. But by the continual civil wars in
+after times for the choosing of Emperors, that diligence by little and
+little ceased. And afterwards, as I have read in a very good author of
+the Roman civil law, the number of complaints being much increased, and
+being more than the Emperor could dispatch, he appointed an officer as
+his clerk, to receive all such petitions; and that this clerk caused a
+partition to be made in a room convenient, in which partition-wall, at
+the heighth of a man’s reach, he placed at convenient distances certain
+bars; so that when a suitor came to deliver his petition to the clerk,
+who was sometimes absent, he had no more to do but to throw in his
+petition between those bars, which in Latin are called properly
+_cancelli_; not that any certain form of those bars, or any bars at all
+were necessary, for they might have been thrown over, though the whole
+space had been left open; but because they were _cancelli_, the clerk
+attendant, and keeping his office there, was called _Cancellarius_. And
+any court bar may properly enough be called _cancelli_, which does not
+signify a lattice; for that is but a mere conjecture grounded upon no
+history nor grammar, but taken up at first, as is likely, by some boy
+that could find no other word in the dictionary for a lattice, but
+_cancelli_. The office of this Chancellor was at first but to breviate
+the matter of the petitions, for the easing of the Emperor; but
+complaints increasing daily, they were too many, considering other
+businesses more necessary for the Emperor to determine; and this caused
+the Emperor to commit the determination of them to the Chancellor again.
+What reason doth Sir Edward Coke allege to prove, that the highest point
+of the Chancellor’s jurisdiction is to cancel his master’s
+letters-patent, after they were sealed with his master’s seal; unless he
+hold plea concerning the validity of them, or of his master’s meaning in
+them, or of the surreptitious getting of them, or of the abusing of
+them, which are all causes of equity? Also, seeing the Chancellor hath
+his office only by the delivery of the Great Seal, without any
+instruction, or limitation of the process of his court to be used; it is
+manifest, that in all causes whereof he has the hearing, he may proceed
+by such manner of hearing and examining of witnesses, with jury or
+without jury, as he shall think fittest for the exactness, expedition,
+and equity of the decrees. And therefore, if he think the custom of
+proceeding by jury, according to the custom of England in Courts of
+common-law, tend more to equity, which is the scope of all the judges in
+the world, or ought to be, he ought to use that method; or if he think
+better of another proceeding, he may use it, if it be not forbidden by a
+statute.
+
+_L._ As for this reasoning of yours, I think it well enough. But there
+ought to be had also a reverend respect to customs not unreasonable; and
+therefore, I think, Sir Edward Coke says not amiss, that in such cases
+where the Chancellor will proceed by the rule of the common-law, he
+ought to deliver the record in the King’s Bench; and also it is
+necessary for the Lord Chancellor to take care of not exceeding as it is
+limited by statutes.
+
+_P._ What are the statutes by which his jurisdiction is limited? I know
+that by the 27 _Eliz._ _c._ 8, he cannot reverse a judgment given in the
+King’s Bench for debt, detinue, &c.; nor before the statute could he
+ever, by virtue of his office, reverse a judgment in pleas of the Crown,
+given by the King’s Bench, that hath the cognizance of such pleas. Nor
+need he; for the judges themselves, when they think there is need to
+relieve a man oppressed by ill witnesses, or power of great men
+prevailing on the jury, or by error of the jury, though it be in case of
+felony, may stay the execution and inform the King, who will in equity
+relieve him. As to the regard we ought to have to custom, we will
+consider of it afterwards.
+
+_L._ First, in a Parliament holden the 13th of Richard II, the Commons
+petitioned the King, that neither the Chancellor, nor other Chancellor,
+do make any order against the common-law, nor that any judgment be given
+without due process of law.
+
+_P._ This is no unreasonable petition; for the common-law is nothing
+else but equity: and by this statute it appears, that the Chancellors,
+before that statute, made bolder with the Courts of common-law than they
+did afterward; but it does not appear that common-law in this statute
+signifies any thing else but generally the law temporal of the realm,
+nor was this statute ever printed, that such as I might take notice of
+it. But whether it be a statute or not, I know not, till you tell me
+what the Parliament answered to this petition.
+
+_L._ The King’s answer was, the usages heretofore shall stand, so as the
+King’s royalty be saved.
+
+_P._ This is flatly against Sir Edward Coke, concerning the Chancery.
+
+_L._ In another Parliament, 17 _Rich. II_, it is enacted, at the
+petition of the Commons, that forasmuch as people were compelled to come
+before the King’s Council, or in Chancery, by writs grounded upon untrue
+suggestions, the Chancellor for the time being, presently after such
+suggestions be duly found and proved untrue, shall have power to ordain
+and award damages according to his discretion, to him which is so
+travelled unduly as is aforesaid.
+
+_P._ By this statute it appears, that when a complaint is made in
+Chancery upon undue suggestions, the Chancellor shall have the
+examination of the said suggestions, and as he may award damages when
+the suggestions are untrue, so he may also proceed by process to the
+determining of the cause, whether it be real or personal, so it be not
+criminal.
+
+_L._ Also the Commons petitioned in a Parliament of 2 _Hen. IV_, (not
+printed) that no writs, nor privy seals, be sued out of Chancery,
+Exchequer, or other places, to any man to appear at a day upon a pain,
+either before the King and his Council, or in any other place, contrary
+to the ordinary course of common-law.
+
+_P._ What answer was given to this petition by the King?
+
+_L._ That such writs should not be granted without necessity.
+
+_P._ Here again, you see, the King may deny or grant any petitions in
+Parliament, either as he thinks it necessary, as in this place, or as he
+thinks it prejudicial or not prejudicial to his royalty; as in the
+answer of the former petition, which is a sufficient proof that no part
+of his legislative power, or any other essential part of royalty, can be
+taken from him by a statute. Now seeing it is granted that equity is the
+same thing with the law of reason, and seeing Sir Edward Coke (1 _Inst._
+sec. xxi.), defines equity to be a certain reason comprehended in no
+writing, but consisting only in right reason, which interpreteth and
+amendeth the written law; I would fain know to what end there should be
+any other Court of Equity at all, either before the Chancellor or any
+other person, besides the Judges of the Civil or Common Pleas? Nay, I am
+sure you can allege none but this, that there was a necessity for a
+higher Court of Equity than the Courts of common-law, to remedy the
+errors in judgment given by the justices of inferior courts; and the
+errors in Chancery were irrevocable, except by Parliament, or by special
+commission appointed thereunto by the King.
+
+_L._ But Sir Edward Coke says, that seeing matters of fact by the
+common-law are triable by a jury of twelve men, this court should not
+draw the matter _ad aliud examen_, that is, to another kind of
+examination, _viz._ deposition of witnesses, which should be but
+evidence to a jury.
+
+_P._ Is the deposition of witnesses any more or less, than evidence to
+the Lord Chancellor? It is not therefore another kind of examination;
+nor is a jury more capable of duly examining witnesses than a Lord
+Chancellor. Besides, seeing all courts are bound to judge according to
+equity, and that all judges in a case of equity may sometimes be
+deceived, what harm is there to any man, or to the state, if there be a
+subordination of judges in equity, as well as of judges in common-law?
+Seeing it is provided by an Act of Parliament, to avoid vexation, that
+_subpœnas_ shall not be granted till surety be found to satisfy the
+party so grieved and vexed for his damages and expenses, if so be the
+matter may not be made good which is contained in the bill.
+
+_L._ There is another statute of 31 _Hen. VI._ c. 2, wherein there is a
+proviso cited by Sir Edward Coke in these words: “_Provided that no
+matter determinable by the laws of the realm, shall be by the said Act
+determined in other form, than after the course of the same law in the
+King’s Courts, having the determination of the same law_.”
+
+_P._ This law was made but for seven years, and never continued by any
+other Parliament, and the motive of this law was the great riots,
+extortions, oppressions, &c. used during the time of the insurrection of
+John Cade, and the indictments and condemnations wrongfully had by this
+usurped authority. And thereupon the Parliament ordained, that for seven
+years following no man should disobey any of the King’s writs under the
+Great Seal, or should refuse to appear upon proclamation before the
+King’s Council, or in the Chancery, to answer to riots, extortions, &c.;
+for the first time he should lose, &c. Wherein there is nothing at all
+concerning the jurisdiction of the Chancery or any other court, but an
+extraordinary power given to the Chancery, and to the King’s Privy
+Council, to determine of those crimes, which were not before that time
+triable but only by the King’s Bench or special commission. For the Act
+was made expressly for the punishment of a great multitude of crimes
+committed by those who had acted under the said Cade’s authority; to
+which Act the proviso was added which is here mentioned, that the
+proceedings in those Courts of Chancery, and of the King’s Council,
+should be such as should be used in the courts, to which the said
+causes, before this Act was made, do belong: that is to say, such causes
+as were criminal, should be after the order of the King’s Bench; and
+such causes as were not criminal, but only against equity, should be
+tried after the manner of the Chancery, or in some cases according to
+the proceedings in the Exchequer. I wonder why Sir Edward Coke should
+cite a statute, as this is, above two hundred years before expired, and
+other two petitions, as if they were statutes, when they were not passed
+by the King; unless he did it on purpose to diminish, as he endeavours
+to do throughout his Institutes, the King’s authority, or to insinuate
+his own opinions among the people for the law of the land; for that also
+he endeavours by inserting Latin sentences, both in his text and in the
+margin, as if they were principles of the law of reason, without any
+authority of ancient lawyers, or any certainty of reason in themselves,
+to make men believe they are the very grounds of the law of England. Now
+as to the authority you ascribe to custom, I deny that any custom of its
+own nature can amount to the authority of a law. For if the custom be
+unreasonable, you must, with all other lawyers, confess that it is no
+law, but ought to abolished; and if the custom be reasonable, it is not
+the custom, but the equity that makes it law. For what need is there to
+make reason law by any custom how long soever, when the law of reason is
+eternal? Besides, you cannot find it in any statute, though _lex et
+consuetudo_ be often mentioned as things to be followed by the judges in
+their judgments, that _consuetudines_, that is to say, customs or
+usages, did imply any long continuance of former time; but that it
+signified such use and custom of proceeding, as was then immediately in
+being before the making of such statute. Nor shall you find in any
+statute the word common-law, which may not be there well interpreted for
+any of the laws of England temporal; for it is not the singularity of
+process used in any court that can distinguish it, so as to make it a
+different law from the law of the whole nation.
+
+_L._ If all the courts were, as you think, courts of equity, would it
+not be incommodious to the commonwealth?
+
+_P._ I think not; unless perhaps you may say, that seeing the judges,
+whether they have many or few causes to be heard before them, have but
+the same wages from the King, they may be too much inclined to put off
+the causes they use to hear, for the easing of themselves, to some other
+court, to the delay of justice, and damage of the parties suing.
+
+_L._ You are very much deceived in that; for on the contrary, the
+contention between the courts for jurisdiction is, of who shall have
+most causes brought before them.
+
+_P._ I cry you mercy, I smelt not that.
+
+_L._ Seeing also all judges ought to give their sentence according to
+equity, if it should chance that a written law should be against the law
+of reason, which is equity, I cannot imagine in that case how any
+judgment can be righteous.
+
+_P._ It cannot be that a written law should be against reason; for
+nothing is more reasonable than that every man should obey the law which
+he hath himself assented to. But that is not always the law, which is
+signified by _grammatical_ construction of the letter, but that which
+the legislature thereby intended should be in force; which intention, I
+confess, is a very hard matter many times to pick out of the words of
+the statute, and requires great ability of understanding, and greater
+meditations and consideration of such conjuncture of occasions and
+incommodities, as needed a new law for a remedy. For there is scarce
+anything so clearly written, that when the cause thereof is forgotten,
+may not be wrested by an ignorant grammarian, or a cavilling logician,
+to the injury, oppression, or perhaps destruction of an honest man. And
+for this reason the Judges deserve that honour and profit they enjoy.
+Since the determination of what particular causes every particular court
+should have cognizance, is a thing not yet sufficiently explained, and
+is in itself so difficult, as that the sages of the law themselves, (the
+reason Sir Edward Coke will leave to law itself), are not yet agreed
+upon it; how is it possible for a man who is no professed or no profound
+lawyer, to take notice in what court he may lawfully begin his suit, or
+give counsel in it to his client?
+
+_L._ I confess that no man can be bound to take notice of the
+jurisdiction of courts, till all the courts be agreed upon it amongst
+themselves; but what rule to give judgment by, a judge can have, so as
+never to contradict the law written, nor displease his legislator, I
+understand not.
+
+_P._ I think he may avoid both, if he take care by his sentence that he
+neither punish an innocent man, nor deprive him of his damages due from
+one that maliciously sueth him without reasonable cause, which to the
+most of rational men and unbiassed, is not, in my opinion, very
+difficult. And though a judge should, as all men may do, err in his
+judgment, yet there is always such power in the laws of England, as may
+content the parties, either in the Chancery, or by commissioners of
+their own choosing, authorized by the King; for every man is bound to
+acquiesce in the sentence of the judges he chooseth.
+
+_L._ In what cases can the true construction of the letter be contrary
+to the meaning of the lawmaker?
+
+_P._ Very many, whereof Sir Edward Coke nameth three: fraud, accident,
+and breach of confidence. But there be many more; for there be a very
+great many reasonable exceptions almost to every general rule, which the
+makers of the rule could not foresee; and very many words in every
+statute, especially long ones, that are, as to _grammar_, of ambiguous
+signification, and yet to them that know well to what end the statute
+was made, perspicuous enough; and many connexions of doubtful reference,
+which by a _grammarian_ may be cavilled at, though the intention of the
+lawmaker be never so perspicuous. And these are the difficulties which
+the judges ought to master, and can do it in respect of their ability
+for which they are chosen, as well as can be hoped for; and yet there
+are other men can do the same, or else the judges' places could not be
+from time to time supplied. The bishops commonly are the most able and
+rational men, and obliged by their profession to study equity, because
+it is the law of God; and are therefore capable of being judges in a
+court of equity. They are the men that teach the people what is sin;
+that is to say, they are the doctors in cases of conscience. What reason
+then can you show me, why it is unfit and hurtful to the commonwealth
+that a bishop should be a Chancellor; as they were most often before the
+time of Henry VIII, and since that time once in the reign of King James?
+
+_L._ But Sir Edward says, that soon after that a Chancellor was made
+which was no professor of the law, he finds in the rolls of the
+Parliament a grievous complaint by the whole body of the realm, and a
+petition that the most wise and able men within the realm might be
+chosen Chancellors.
+
+_P._ That petition was reasonable; but it does not say which are the
+abler men, the judges of the common-law, or the bishops.
+
+_L._ That is not the great question as to the ability of a judge; both
+of one and the other, there are able men in their own way. But when a
+judge of equity has need, almost in every case, to consider as well the
+statute-law, as the law of reason, he cannot perform his office
+perfectly, unless he be also ready in the statutes.
+
+_P._ I see no great need he has to be ready in the statutes. In the
+hearing of a cause, do the judges of the common-law inform the counsel
+at the bar what the statute is, or the counsel the judges?
+
+_L._ The counsel inform the judges.
+
+_P._ Why may they not as well inform the Chancellor? Unless you will
+say, that a bishop understands not as well as a lawyer what is sense,
+when he hears it read in English. No, no; both the one and the other are
+able enough: but to be able enough is not enough, when not the
+difficulty of the case only, but also the passion of the judge is to be
+conquered. I forgot to tell you of the statute of 36 _Edw.III_, c. 9,
+that if any person thinking himself grieved contrary to any of the
+articles above-written, or others contained in divers statutes, will
+come to the Chancery, or any for him, and thereof make his complaint, he
+shall presently there have remedy by force of the said articles and
+statutes, without elsewhere pursuing to have remedy. By the words of
+this statute it is very apparent, in my opinion, that the Chancery may
+hold plea upon the complaint of the party grieved, in any case triable
+at the common-law; because the party shall have present remedy in that
+court, by force of this Act, without pursuing for remedy elsewhere.
+
+_L._ Yes; but Sir Edward Coke (4 _Inst._ p. 82) answers this objection
+in this manner. These words, says he, _he shall have remedy_, signify no
+more but that he shall have presently there a remedial writ grounded
+upon those statutes, to give him remedy at the common-law.
+
+_P._ Very like Sir Edward Coke thought, as soon as the party had his
+writ, he had his remedy, though he kept the writ in his pocket without
+pursuing his complaint elsewhere: or else he thought, that the
+Common-bench was not elsewhere than in the Chancery.
+
+_L._ Then there is the Court of——
+
+_P._ Let us stop here; for this which you have said satisfies me, that
+seek no more than to distinguish between justice and equity; and from it
+I conclude, that justice fulfils the law, and equity interprets the law,
+and amends the judgments given upon the same law. Wherein I depart not
+much from the definition of equity cited in Sir Edward Coke (1 _Inst._
+sec. xxi.); _viz._ equity is a certain perfect reason, that interpreteth
+and amendeth the law written; though I construe it a little otherwise
+than he would have done; for no one can mend a law but he that can make
+it, and therefore I say it amends not the law, but the judgments only
+when they are erroneous. And now let us consider of crimes in
+particular, the pleas whereof are commonly called the Pleas of the
+Crown, and of the punishments belonging to them. And first of the
+highest crime of all, which is high-treason. Tell me, what is
+high-treason?
+
+[Sidenote: Of crimes capital.]
+
+_L._ The first statute that declareth what is high-treason, is the
+statute of the 25 _Edw. III_, in these words: “Whereas divers opinions
+have been before this time, in what case treason shall be said, and in
+what not; the King, at the request of the Lords and of the Commons, hath
+made declaration in the manner as hereafter follows: that is to say,
+when a man doth compass or imagine the death of our Lord the King, of
+our Lady the Queen, or of their eldest son and heir; or if a man doth
+violate the King’s companion, or the King’s eldest daughter unmarried,
+or the wife of the King’s eldest son and heir; or if a man do levy war
+against our Lord the King in his realm, or be adherent to the King’s
+enemies in his realm, giving to them aid and comfort in the realm or
+elsewhere; and thereof be provably attainted by open deed by people of
+their condition: and if a man counterfeit the King’s Great or Privy
+Seal, or his money: and if a man bring false money into this realm
+counterfeit to the money of England, as the money called Lushburgh, or
+other like to the said money of England, knowing the money to be false,
+to merchandize, and make payment in deceit of our said Lord the King,
+and of his people: and if a man slay the Chancellor, Treasurer, or the
+King’s Justices of one Bench or the other, Justices in Eyre, or Justices
+of Assizes, and all other justices assigned to hear and determine, being
+in their places and doing their offices. And is to be understood in the
+cases above rehearsed, that that ought to be adjudged treason, which
+extends to our royal Lord the King, and his royal Majesty; and of such
+treason the forfeiture of the escheats pertains to our Lord the King, as
+well the lands and tenements holden of others, as himself. And moreover
+there is another manner of treason; that is to say, when a servant
+slayeth his master, or a wife her husband; or when a man, secular or
+religious, slayeth his prelate, to whom he oweth faith and obedience;
+and of such treason the escheats ought to pertain to every Lord of his
+own fee. And because many other like cases of treason may happen in time
+to come, which a man cannot think nor declare at this present time, it
+is accorded, that if any case supposed treason, which is not above
+specified, doth happen before any justices, the justices shall tarry
+without giving any judgment of the treason, till the cause be showed and
+declared before the King and his Parliament, whether it ought to be
+adjudged treason or other felony.”
+
+_P._ I desired to understand what treason is, wherein no enumeration of
+facts can give me satisfaction. Treason is a crime of itself, _malum in
+se_, and therefore a crime at the common-law; and high-treason the
+highest crime at the common-law that can be. And therefore not the
+statute only, but reason without a statute makes it a crime. And this
+appears by the preamble, where it is intimated, that all men, though of
+divers opinions, did condemn it by the name of treason, though they knew
+not what treason meant, but were forced to request the King to determine
+it. That which I desire to know is, how treason might have been defined
+without the statute, by a man that has no other faculty to make the
+definition of it, than by mere natural reason.
+
+_L._ When none of the lawyers have done it, you are not to expect that I
+should undertake it on such a sudden.
+
+_P._ You know that _salus populi_ is _suprema lex_, that is to say, the
+safety of the people is the highest law; and that the safety of the
+people of a kingdom consisteth in the safety of the King, and of the
+strength necessary to defend his people, both against foreign enemies
+and rebellious subjects. And from this I infer, that to compass, that
+is, to design, the death of the then present King, was high treason
+before the making of this statute, as being a designing of a civil war
+and the destruction of the people. 2. That the design to kill the King’s
+wife, or to violate her chastity, as also to violate the chastity of the
+King’s heir-apparent, or of his eldest daughter unmarried, as tending to
+the destruction of the certainty of the King’s issue, and by consequence
+to the raising of contentions about the Crown, and destruction of the
+people in succeeding time by civil war, was therefore high-treason
+before this statute. 3. That to levy war against the King within the
+realm, and aiding the King’s enemies, either within or without the
+realm, are tending to the King’s destruction or disherison, and was
+high-treason, before this statute, by the common-law. 4. That
+counterfeiting the principal seals of the kingdom, by which the King
+governeth his people, tendeth to the confusion of government, and
+consequently to the destruction of the people, and was therefore treason
+before the statute. 5. If a soldier design the killing of his general or
+other officer in time of battle, or a captain hover doubtfully with his
+troops, with intention to gain the favour of him that shall chance to
+get the victory, it tendeth to the destruction both of King and people,
+whether the King be present or absent, and was high-treason before the
+statute. 6. If any man had imprisoned the King’s person, he had made him
+incapable of defending his people, and it was therefore high-treason
+before the statute. 7. If any man had, with design to raise rebellion
+against the King, by words written or advisedly uttered, denied the King
+regnant to be their lawful King, he that wrote, preached, or spoke such
+words, living then under the protection of the King’s laws, it had been
+high-treason before the statute, for the reasons aforesaid. And perhaps
+there may be some other cases upon this statute, which I cannot
+presently think upon. But the killing of a justice or other officer, as
+is determined by the statute, is not otherwise high-treason, but by the
+statute. And to distinguish that which is treason by the common-law from
+all other inferior crimes, we are to consider, that if such high-treason
+should take effect, it would destroy all laws at once; and being done by
+a subject, it is a return to hostility by treachery; and consequently,
+such as are traitors may, by the law of reason, be dealt withal as
+ignoble and treacherous enemies: but the greatest of other crimes, for
+the most part, are breaches of one only, or at least of very few laws.
+
+_L._ Whether this you say be true or false, the law is now
+unquestionable, by a statute made in the 1st and 2nd years of _Queen
+Mary_, whereby there is nothing to be esteemed treason, besides those
+few offences specially mentioned in the act of 25 _Edward III_.
+
+_P._ Amongst these great crimes the greatest is that which is committed
+by one that has been trusted and loved by him whose death he so
+designeth: for a man cannot well take heed of those whom he thinks he
+hath obliged, whereas an open enemy gives a man warning before he
+acteth. And this it is for which the statute hath declared, that it is
+another kind of treason, when a servant killeth his master or mistress,
+or a wife killeth her husband, or a clerk killeth his prelate. And I
+should think it petty treason also, though it be not within the words of
+the statute, when a tenant in fee, that holdeth by homage and fealty,
+shall kill the lord of his fee; for fealty is an oath of allegiance to
+the lord of the fee; saving he may not keep his oath in any thing sworn
+to, if it be against the King. For homage, as it is expressed in a
+statute of 17 _Edw. II_, is the greatest submission that is possible to
+be made to one man by another. For the tenant shall hold his hands
+together between the hands of his landlord, and shall say thus; I become
+your man from this day forth for life, for member, and for worldly
+honour, and shall owe that my faith for the lands that I shall hold of
+you, saving the faith that I owe unto our Sovereign Lord the King, and
+to many other lords. Which homage, if made to the King, is equivalent to
+a promise of simple obedience, and if made to another lord, there is
+nothing excepted but the allegiance to the King; and that which is
+called fealty, is but the same confirmed by an oath.
+
+_L._ But Sir Edward Coke, (4 _Inst._ p. 11), denies that a traitor is in
+legal understanding the King’s enemy. For enemies, saith he, be those
+that be out of the allegiance of the King. And his reason is, because,
+if a subject join with a foreign enemy, and come into England with him,
+and be taken prisoner here, he shall not be ransomed, or proceeded with
+as an enemy shall, but he shall be taken as a traitor to the King.
+Whereas an enemy coming in open hostility, and taken, shall either be
+executed by martial law, or ransomed; for he cannot be indicted of
+treason, for that he never was in the protection and ligeance of the
+King; and the indictment of the treason saith, _contra ligeantiam suam
+debitam_.
+
+_P._ This is not an argument worthy of the meanest lawyer. Did Sir
+Edward Coke think it impossible for a King lawfully to kill a man, by
+what death soever, without an indictment, when it is manifestly proved
+he was his open enemy? Indictment is a form of accusation peculiar to
+England, by the command of some King of England, and retained still, and
+therefore a law to this country of England. But if it were not lawful to
+put a man to death otherwise than by an indictment, no enemy could be
+put to death at all in other nations, because they proceed not, as we
+do, by indictment. Again, when an open enemy is taken and put to death
+by judgment of martial-law; it is not the law of the general or council
+of war, that an enemy shall be thus proceeded with, but the law of the
+King contained in their commissions; such as from time to time the Kings
+have thought fit, in whose will it always resteth, whether an open
+enemy, when he is taken, shall be put to death, or no, and by what
+death; and whether he shall be ransomed, or no, and at what price. Then
+for the nature of treason by rebellion; is it not a return to hostility?
+What else does rebellion signify? William the Conqueror subdued this
+kingdom; some he killed; some upon promise of future obedience he took
+to mercy, and they became his subjects, and swore allegiance to him. If
+therefore they renew the war against him, are they not again open
+enemies? Or if any of them lurking under his laws, seek occasion thereby
+to kill him secretly, and come to be known, may he not be proceeded
+against as an enemy, who, though he had not committed what he designed,
+yet had certainly a hostile design? Did not the Long Parliament declare
+all those for enemies to the state, that opposed their proceedings
+against the late King? But Sir Edward Coke does seldom well distinguish,
+when there are two divers names for one and the same thing: though one
+contain the other, he makes them always different; as if it could not be
+that one and the same man should be both an enemy and a traitor. But now
+let us come to his comment upon this statute. The statute says (as it is
+printed in English) when a man doth compass, or imagine, the death of
+our Lord the King, &c. What is the meaning of the word compassing, or
+imagining?
+
+_L._ On this place Sir Edward Coke says, that before the making of this
+act, _voluntas reputabatur pro facto_, the will was taken for the deed.
+And so saith Bracton; _spectatur voluntas, et non exitus; et nihil
+interest utrum quis occidat, aut causam præbeat_, that is to say, the
+cause of the killing. Now Sir Edward Coke says, this was the law before
+the statute; and that to be a cause of the killing, is to declare the
+same by some open deed tending to the execution of his intent, or which
+might be cause of death.
+
+_P._ Is there any Englishman can understand, that to cause the death of
+a man, and to declare the same, is all one thing? And if this were so,
+and that such was the common-law before the statute, by what words in
+the statute is it taken away?
+
+_L._ It is not taken away, but the manner how it must be proved is thus
+determined, that it must be proved by some open deed, as providing of
+weapons, powder, poison, assaying of armour, sending of letters, &c.
+
+_P._ But what is the crime itself, which this statute maketh treason?
+For as I understand the words, to compass or imagine the King’s death,
+&c. the compassing (as it is in the English) is the only thing which is
+made high-treason. So that not only the killing, but the design, is made
+high-treason; or, as it is in the French record, _fait compasser_, that
+is to say, the causing of others to compass or design the King’s death
+is high-treason; and the words _par overt fait_, are not added as a
+specification of any treason, or other crime, but only of the proof that
+is required by the law. Seeing then the crime is the design and purpose
+to kill the King, or cause him to be killed, and lieth hidden in the
+breast of him that is accused; what other proof can there be had of it
+than words spoken or written? And therefore, if there be sufficient
+witness that he by words declared that he had such a design, there can
+be no question, but that he is comprehended within the statute. Sir
+Edward Coke doth not deny, but, that if he confess this design, either
+by word or writing, he is within the statute. As for that common saying,
+that bare words may make a heretic but not a traitor, which Sir Edward
+Coke on this occasion maketh use of, they are to little purpose; seeing
+that this statute maketh not the words high-treason, but the intention,
+whereof the words are but a testimony: and that common saying is false
+as it is generally pronounced. For there were divers statutes made
+afterwards, though now expired, which made bare words to be treason
+without any other deed; as, 1 _Eliz. c. 6_, and 13 _Eliz. c. 1_, if a
+man should publicly preach that the King were an usurper, or that the
+right of the crown belonged to any other than the King that reigned,
+there is no doubt but it were treason, not only within this statute of
+Edward III, but also within the statute of 1 _Edw. VI, c. 12_, which are
+both still in force.
+
+_L._ Not only so; but if a subject should counsel any other man to kill
+the King, Queen, or heir-apparent to the Crown, it would at this day be
+adjudged high-treason; and yet it is no more than bare words. In the
+third year of King James, Henry Garnet, a Jesuit priest, to whom some of
+the gunpowder traitors had revealed their design by way of confession,
+gave them absolution without any caution taken for their desisting from
+their purpose, or other provision against the danger, and was therefore
+condemned and executed as a traitor, though such absolution was nothing
+else but bare words. Also I find in the reports of Sir John Davis,
+Attorney-General for Ireland, that in the time of King Henry VI, a man
+was condemned of treason for saying the King was a natural fool, and
+unfit to govern. But yet this clause in the statute of _Edw. III_, viz.
+that the compassing there mentioned ought to be proved by some _overt
+act_, was by the framers of the statute not without great wisdom and
+providence inserted; for as Sir Edward Coke very well observeth, when
+witnesses are examined concerning words only, they never, or very
+rarely, agree precisely about the words they swear to.
+
+_P._ I deny not but that it was wisely enough done. But the question is
+not here of the treason, which is either fact or design, but of the
+proof, which when it is doubtful, is to be judged by a jury of twelve
+lawful men. Now whether think you is it a better proof of a man’s
+intention to kill, that he declare the same with his own mouth, so as it
+may be witnessed, or that he provide weapons, powder, poison, or assay
+arms? If he utter his design by words, the jury has no more to do than
+to consider the legality of the witnesses, the harmony of their
+testimonies, or whether the words were spoken advisedly. For they might
+have been uttered in a disputation, for exercise only; or when he that
+spake them, had not the use of reason, nor perhaps any design or wish at
+all, towards the execution of what he talked of. But how a jury, from
+providing or buying of armour, or buying of gunpowder, or from any other
+overt act, not treason in itself, can infer a design of murdering the
+King, unless there appear some words also signifying to what end he made
+such provision, I cannot easily conceive. Therefore, as the jury on the
+whole matter, words and deeds, shall ground their judgment concerning
+design or not design, so, in reason, they ought to give verdict. But to
+come to the treason of counterfeiting the great or privy-seal, seeing
+there are so many ways for a cheating fellow to make use of these seals,
+to the cozening of the King and his people; why are not all such abuses
+high-treason, as well as the making of a false seal?
+
+_L._ So they are; for Sir Edward Coke produceth a record of one that was
+drawn and hanged for taking the great seal from an expired patent, and
+fastening it to a counterfeit commission to gather money. But he
+approveth not the judgment, because it is the judgment for petty
+treason: also, because the jury did not find him guilty of the offence
+laid in the indictment, which was, the counterfeiting of the great seal,
+but found the special matter, for which the offender was drawn and
+hanged.
+
+_P._ Seeing this crime of taking the great seal from one writing, and
+fastening it to another, was not found high-treason by the jury, nor
+could be found upon special matter to be the other kind of treason
+mentioned in the same statute; what ground had either the jury to find
+it treason, or the judge to pronounce sentence upon it?
+
+_L._ I cannot tell. Sir Edward Coke seems to think it a false record;
+for hereupon he saith, by way of admonition to the reader, that hereby
+it appeareth how dangerous it is to report a case by the ear.
+
+_P._ True; but he does not make it apparent that this case was untruly
+reported; but on the contrary, confesseth that he had perused the same
+record; and a man may, if it may be done without proof of the falsity,
+make the same objection to any record whatsoever. For my part, seeing
+this crime produced the same mischief that ariseth from counterfeiting,
+I think it reason to understand it as within the statute; and for the
+difference between the punishments, which are both of them capital, I
+think it is not worthy to be stood upon; seeing death, which is _ultimum
+supplicium_, is a satisfaction to the law, as Sir Edward Coke himself
+hath in another place affirmed. But let us now proceed to other crimes.
+
+_L._ Appendant to this is another crime, called misprision of treason;
+which is the concealing of it by any man that knows it; and is called
+misprision from the French _mespriser_, which signifies to contemn or
+undervalue. For it is no small crime in any subject, so little to take
+to heart a known danger to the King’s person, and consequently to the
+whole kingdom, as not to discover not only what he knows, but also what
+he suspecteth of the same, that the truth therefore may be examined. But
+for such discovery, though the thing prove false, the discoverer shall
+not, as I think, be taken for a false accuser; if for what he directly
+affirms, he produce a reasonable proof, and some probability for his
+suspicion. For else the concealment will seem justifiable by the
+interest, which is to every man allowed, in the preservation of himself
+from pain and damage.
+
+_P._ This I consent to.
+
+_L._ All other crimes merely temporal, are comprehended under felony or
+trespass.
+
+_P._ What is the meaning of the word felony? Does it signify anything
+that is in its own nature a crime, or that only which is made a crime by
+some statute? For I remember some statutes that make it felony to
+transport horses, and some other things, out of the kingdom; which
+transportation, before such statutes were made, and after the repealing
+of the same, was no greater crime than any other usual traffic of a
+merchant.
+
+_L._ Sir Edward Coke derives the word felony from the Latin word _fel_,
+the gall of a living creature; and accordingly defines felony to be an
+act done _animo felleo_; that is to say, a bitter, a cruel act.
+
+_P._ Etymologies are no definitions, and yet when they are true, they
+give much light towards the finding out of a definition. But this of Sir
+Edward Coke’s carries with it very little of probability; for there be
+many things made felony by the statute law, that proceed not from any
+bitterness of mind at all, and many that proceed from the contrary.
+
+_L._ This is matter for a critic, to be picked out of the knowledge of
+history and foreign languages, and you may perhaps know more of it than
+I do.
+
+_P._ All that I, or I think any other, can say in this matter, will
+amount to no more than a reasonable conjecture, insufficient to sustain
+any point of controversy in law. The word is not to be found in any of
+the old Saxon laws, set forth by Mr. Lambard, nor in any statute printed
+before that of Magna Charta; there it is found. Now Magna Charta was
+made in the time of Henry III, grandchild to Henry II, Duke of Anjou, a
+Frenchman born, and bred in the heart of France, whose language might
+very well retain many words of his ancestors the German Franks, as ours
+doth of the German Saxons; as also many words of the language of the
+Gauls, as the Gauls did retain many words of the Greek colony planted at
+Marseilles. But certain it is, the French lawyers at this day use the
+word felon, just as our lawyers use the same; whereas the common people
+of France use the word _filou_ in the same sense. But _filou_
+signifieth, not the man that hath committed such an act as they call
+felony, but the man that maketh it his trade to maintain himself by the
+breaking and contemning of all laws generally; and comprehendeth all
+those unruly people called cheaters, cutpurses, picklocks, catchcloaks,
+coiners of false money, forgers, thieves, robbers, murderers, and
+whosoever make use of iniquity on land or sea as a trade or living. The
+Greeks upon the coast of Asia, where Homer lived, were they that planted
+the colony of Marseilles. They had a word that signified the same with
+felon, which was φιλήτης, _filetes_; and this _filetes_ of Homer
+signifies properly the same that a felon signifies with us. And
+therefore Homer makes Apollo to call Mercury φιλήτην, _fileteen_, and
+ἄρχον φιλήτων. I insist not upon the truth of this etymology, but it is
+certainly more rational than the _animus felleus_ of Sir Edward Coke.
+And for the matter itself, it is manifest enough, that which we now call
+murder, robbery, theft, and other practices of felons, are the same that
+we call felony, and crimes in their own nature without the help of
+statute. Nor is it the manner of punishment, that distinguisheth the
+nature of one crime from another; but the mind of the offender and the
+mischief he intendeth, considered together with the circumstances of
+person, time, and place.
+
+_L._ Of felonies, the greatest crime is murder.
+
+_P._ And what is murder?
+
+_L._ Murder is the killing of a man upon malice forethought, as by a
+weapon, or by poison, or any way, if it be done upon antecedent
+meditation; or thus, murder is the killing of a man in cold blood.
+
+_P._ I think there is a good definition of murder set down by statute,
+52 _Henry III, c. 25_, in these words: Murder, from henceforth, shall
+not be judged before our justices, where it is found misfortune only,
+but it shall take place in such as are slain by felony, and not
+otherwise. And Sir Edward Coke interpreting this statute, 2 _Inst._ p.
+148, saith, that the mischief before this statute was, that he that
+killed a man by misfortune, as by doing any act that was not against
+law, and yet against his intent the death of a man ensued, this was
+adjudged murder. But I find no proof of that he allegeth, nor find I any
+such law among the laws of the Saxons set forth by Mr. Lambard. For the
+word, it is, as Sir Edward Coke noteth, old Saxon, and amongst them it
+signified no more than a man slain in the field or other place, the
+author of his death not known. And according hereunto, Bracton, who
+lived in the time of Magna Charta, defineth it, fol. 134, thus: Murder
+is the secret killing of a man, when none besides the killer and his
+companions saw or knew it; so that it was not known who did it, nor
+fresh suit could be made after the doer. Therefore, every such killing
+was called murder, before it could be known whether it could be by
+felony or not; for a man may be found dead that kills himself, or was
+lawfully killed by another. This name of murder came to be the more
+horrid, when it was secretly done, for that it made every man to
+consider of their own danger, and him that saw the dead body, to boggle
+at it, as a horse will do at a dead horse. And to prevent the same, they
+had laws in force, to amerce the hundred where it was done, in a sum
+defined by law to be the price of his life. For in those days, the lives
+of all sorts of men were valued by money, and the value set down in
+their written laws. And therefore Sir Edward Coke was mistaken, in that
+he thought that killing a man by misfortune before the statute of
+Marlebridge, was adjudged murder. And those secret murders were
+abominated by the people, for that they were liable to so great a
+pecuniary punishment for suffering the malefactor to escape. But this
+grievance was by Canutus, when he reigned, soon eased. For he made a
+law, that the county in this case should not be charged, unless he were
+an Englishman that was so slain; but if he were a Frenchman, (under
+which name were comprehended all foreigners, and especially the
+Normans,) though the slayer escaped, the county was not to be amerced.
+And this law, though it were very hard and chargeable, when an
+Englishman was so slain, for his friend to prove he was an Englishman,
+and also unreasonable to deny the justice to a stranger, yet was it not
+repealed till the 14th _Edw. III_. By this you see that murder is
+distinguished from homicide by the statute laws, and not by any
+common-law without the statute; and that it is comprehended under the
+general name of felony.
+
+_L._ And so also is petit treason: and I think so is high-treason also.
+For in the abovesaid statute in the 25th _Edw. III_, concerning
+treasons, there is this clause: And because that many other like cases
+of treason may happen in time to come, which a man cannot think or
+declare at the present time; it is accorded, that if any other case,
+supposed treason, which is not above specified, doth happen before any
+of the justices, the justices shall tarry without any going to judgment
+of the treason, till the cause be shewed and declared before the King
+and his Parliament, whether it be treason or other felony. Which thereby
+shews that the King and Parliament thought that treason was one of the
+sorts of felony.
+
+_P._ And so think I.
+
+_L._ But Sir Edward Coke denies it to be so at this day. For (_1 Inst.
+sec. 745_) at the word felony, he saith, that in ancient time this word
+_felony_ was of so large an extent, as that it included high-treason;
+but afterwards it was resolved, that in the King’s pardon or charter,
+this word _felony_ should extend only to common felonies; and at this
+day, under the word felony, by law is included petite treason, murder,
+homicide, burning of houses, burglary, robbery, rape, &c. chance medley,
+_se defendendo_, and petite larceny.
+
+_P._ He says it was resolved: but by whom?
+
+_L._ By the justices of assize in the time of Henry IV, as it seems in
+the margin.
+
+_P._ Have justices of assize any power by their commission to alter the
+language of the land and the received sense of words? Or in the question
+in what case felony shall be said, is it referred to the judges to
+determine; as in the question in what case treason shall be said, it is
+referred by the statute of Edward III to the Parliament? I think not;
+and yet perhaps they may be obliged to disallow a pardon of treason,
+when mentioning all felonies it nameth not treason, nor specifies it by
+any description of the fact.
+
+_L._ Another kind of homicide there is, simply called so, or by the name
+of manslaughter, and is not murder: and that is, when a man kills
+another man upon sudden quarrel, during the heat of blood.
+
+_P._ If two meeting in the street chance to strive who shall go nearest
+to the wall, and thereupon fighting, one of them kills the other, I
+believe verily he that first drew his sword, did it of malice
+forethought, though not long forethought; but whether it be felony or
+no, it may be doubted. It is true, that the harm done is the same as if
+it had been done by felony; but the wickedness of the intention was
+nothing near so great. And supposing it had been done by felony, then it
+is manifest, by the statute of Marlebridge, that it was very murder. And
+when a man for a word or a trifle shall draw his sword and kill another
+man, can any man imagine that there was not some precedent malice?
+
+_L._ It is very likely there was malice, more or less: and therefore the
+law hath ordained for it a punishment equal to that of murder, saving
+that the offender shall have the benefit of his clergy.
+
+_P._ The benefit of clergy comes in upon another account, and importeth
+not any extenuation of the crime. For it is but a relic of the old
+usurped papal privilege, which is now by many statutes so pared off, as
+to spread but to few offences, and is become a legal kind of conveying
+mercy, not only to the clergy, but also to the laity.
+
+_L._ The work of a judge, you see, is very difficult, and requires a man
+that hath a faculty of well distinguishing of dissimilitudes in such
+cases as common judgments think to be the same. A small circumstance may
+make a great alteration; wherefore a man that cannot well discern, ought
+not to take upon him the office of a judge.
+
+_P._ You say very well; for if judges were to follow one another’s
+judgments in precedent cases, all the justice in the world would at
+length depend upon the sentence of a few learned, or unlearned, ignorant
+men, and have nothing at all to do with the study of reason.
+
+_L._ A third kind of homicide is when a man kills another, either by
+misfortune, or in the necessary defence of himself, or of the King, or
+of his laws; for such killing is neither felony nor crime, saving, as
+Sir Edward Coke says (_3 Inst. p. 56_), that if the act that a man is
+doing, when he kills another man, be unlawful, then it is murder. As, if
+A meaning to steal a deer in the park of B, shooteth at the deer, and by
+the glance of the arrow killeth a boy that is hidden in a bush, this is
+murder, for that the act was unlawful; but if the owner of the park had
+done the like, shooting at his own deer, it had been by misadventure,
+and no felony.
+
+_P._ This is not so distinguished by any statute, but is the
+_common-law_ only of Sir Edward Coke. I believe not a word of it. If a
+boy be robbing an appletree, and falleth thence upon a man that stands
+under it and breaks his neck, but by the same chance saveth his own
+life, Sir Edward Coke, it seems, will have him hanged for it, as if he
+had fallen of prepensed malice. All that can be called crime in this
+business is but a simple trespass, to the damage perhaps of sixpence or
+a shilling. I confess the trespass was an offence against the law, but
+the falling was none, nor was it by the trespass but by the falling that
+the man was slain; and as he ought to be quit of the killing, so he
+ought to make restitution for the trespass. But I believe the cause of
+Sir Edward Coke’s mistake was his not well understanding of Bracton,
+whom he cites in the margin. For, fol. 120 b. lib. iii. cap. 4, he saith
+thus: _Sed hic erit distinguendum, utrum quis dederit operam rei licitæ,
+vel illicitæ; si illicitæ, ut si lapidem projiciebat quis versus locum
+per quem consueverunt homines transitum facere, vel dum insequitur quis
+equum vel bovem, et aliquis a bove vel equo percussus fuerit, et
+hujusmodi, hoc imputatur ei_. That is: But here we are to distinguish
+whether a man be upon a lawful or unlawful business; if an unlawful, as
+he that throws a stone into a place where men use to pass; or if he
+chase a horse or an ox, and thereby the man be stricken by the horse or
+the ox; this shall be imputed to him. And it is most reasonable; for the
+doing of such an unlawful act as is here meant, is a sufficient argument
+of a felonious purpose, or at least a hope to kill somebody or other,
+and he cared not whom, which is worse than to design the death of a
+certain adversary, which nevertheless is murder. Also, on the contrary,
+though the business a man is doing be lawful, and it chanceth sometimes
+that a man be slain thereby, yet may such killing be felony. For if a
+carman drive his cart through Cheapside in a throng of people, and
+thereby he kill a man, though he bare him no malice, yet because he saw
+there was very great danger, it may reasonably be inferred, that he
+meant to adventure the killing of somebody or other, though not of him
+that was killed.
+
+_L._ He is a felon also that killeth himself voluntarily, and is called,
+not only by common lawyers, but also in divers statute laws, _felo de
+se_.
+
+_P._ And it is well so; for names imposed by statutes are equivalent to
+definitions. But I conceive not how any man can bear _animum felleum_,
+or so much malice towards himself, as to hurt himself voluntarily, much
+less to kill himself. For naturally and necessarily the intention of
+every man aimeth at somewhat which is good to himself, and tendeth to
+his preservation. And therefore, methinks, if he kill himself, it is to
+be presumed that he is not _compos mentis_, but by some inward torment
+or apprehension of somewhat worse than death, distracted.
+
+_L._ Nay, unless he be _compos mentis_, he is not _felo de se_, as Sir
+Edward Coke saith, _3 Inst. p. 54_; and therefore he cannot be judged a
+_felo de se_, unless it be first proved he was _compos mentis_.
+
+_P._ How can that be proved of a man dead; especially if it cannot be
+proved by any witness, that a little before his death he spake as other
+men used to do? This is a hard place; and before you take it for
+common-law, it had need to be cleared.
+
+_L._ I will think on it. There is a statute of _3 Hen. VII, c. 14_,
+which makes it felony in any of the King’s household servants, under the
+degree of a Lord, to compass the death of any of the King’s Privy
+Council. The words are these: That from henceforth the steward,
+treasurer, and comptroller of the King’s house for the time being, or
+one of them, have full authority and power, to inquire by twelve staid
+men and discreet persons of the chequer-roll of the King’s honourable
+household, if any servant, admitted to be his servant sworn, and his
+name put into the chequer-roll, whatsoever he be, serving in any manner,
+office, or room, reputed, had, or taken under the estate of a Lord, make
+any confederacies, compassings, conspiracies, or imaginations with any
+person, to destroy or murder the King, or any Lord of this realm, or any
+other person sworn of the King’s council, steward, treasurer, or
+comptroller of the King’s house. And if such misdoers shall be found
+guilty by confession, or otherwise, that the said offence shall be
+judged felony.
+
+_P._ It appears by this statute, that not only the compassing the death,
+as you say, of a privy-councillor, but also of any Lord of this realm,
+is felony; if it be done by any of the King’s household servants, that
+is not a Lord.
+
+_L._ No; Sir Edward Coke upon these words, _any Lord of this realm, or
+other person sworn of the King’s council_, infers (_3 Inst. p. 38_),
+that it is to be understood of such a Lord only as is a
+privy-councillor.
+
+_P._ For barring of the Lords of Parliament from this privilege, he
+strains this statute a little farther, in my opinion, than it reacheth
+of itself. But how are such felonies to be tried?
+
+_L._ The indictment is to be found before the steward, treasurer, and
+comptroller of the King’s house, or one of them, by twelve of the King’s
+household servants. The petit jury for the trial must be twelve other of
+the King’s servants. And the judges are again the steward, treasurer,
+and comptroller of the King’s house, or two of them; and yet I see that
+these men are not usually great students of the law.
+
+_P._ You may hereby be assured, that either the King and Parliament were
+very much overseen in choosing such officers perpetually for the time
+being to be judges in a trial at the common-law, or else that Sir Edward
+Coke presumes too much to appropriate all the judicature, both in law
+and equity, to the common lawyers; as if neither lay persons, men of
+honour, nor any of the Lords spiritual who are the most versed in the
+examination of equity and cases of conscience, when they hear the
+statutes read and pleaded, were fit to judge of the intention and
+meaning of the same. I know that neither such great persons, nor
+bishops, have ordinarily so much spare time from their ordinary
+employment, as to be so skilful as to plead causes at the bar; but
+certainly they are, especially the bishops, the best able to judge of
+matters of reason, that is to say (by Sir Edward Coke’s confession) of
+matters, except of blood, at the common-law.
+
+_L._ Another sort of felony, though without manslaughter, is robbery;
+and by Sir Edward Coke (_3 Inst. p. 68_), defined thus: Robbery by the
+common-law is a felony committed by a violent assault upon the person of
+another, by putting him in fear, and taking away from him his money, or
+other goods of any value whatsoever.
+
+_P._ Robbery is not distinguished from theft by any statute.
+_Latrocinium_ comprehendeth them both, and both are felony, and both
+punished with death. And therefore to distinguish them aright is the
+work of reason only. And the first difference, which is obvious to all
+men, is that robbery is committed by force or terror, of which neither
+is in theft. For theft is a secret act, and that which is taken by
+violence or terror, either from his person, or in his presence, is still
+robbery. But if it be taken secretly, whether it be by day or night,
+from his person, or from his fold, or from his pasture, then it is
+called theft. It is force and fraud only, that distinguisheth between
+theft and robbery; both which are, by the pravity only of the intention,
+felony in their nature. But there be so many evasions of the law found
+out by evil men, that I know not, in this predicament of felony, how to
+place them. For suppose I go secretly, by day or night, into another
+man’s field of wheat, ripe and standing, and loading my cart with it I
+carry it away: is it theft or robbery?
+
+_L._ Neither, it is but trespass. But if you first lay down the wheat
+you have cut, and then throw it into your cart, and carry it away, then
+it is felony.
+
+_P._ Why so?
+
+_L._ Sir Edward Coke tells you the reason of it (_3 Inst. p. 107_). For
+he defineth theft to be, by the common-law, a felonious and fraudulent
+taking and carrying away, by any man or woman, of the mere personal
+goods of another, not from the person, nor by night in the house of the
+owner. From this definition, he argues thus, p. 109: Any kind of corn or
+grain, growing upon the ground, is a personal chattel, and the executors
+of the owner shall have them, though they be not severed; but yet no
+larceny can be committed of them, because they are annexed to the
+realty; so it is of grass standing on the ground, or of apples, or of
+any fruit upon the trees, &c.; so it is of a box or chest of charters,
+no larceny can be committed of them, because the charters concern the
+realty, and the box or chest though it be of great value, yet shall it
+be of the same nature the charters are of; _et omne magis dignum trahit
+ad se minus_.
+
+_P._ Is this definition drawn out of any statute, or is it in Bracton or
+Littleton, or any other writer upon the science of the laws?
+
+_L._ No, it is his own: and you may observe by the logic sentences
+dispersed through his works, that he was a logician sufficient enough to
+make a definition.
+
+_P._ But if his definitions must be the rule of law, what is there that
+he may not make felony or not felony, at his pleasure? But seeing it is
+not statute law that he says, it must be very perfect reason, or else no
+law at all; and to me it seems so far from reason, as I think it
+ridiculous. But let us examine it. There can, says he, be no larceny of
+corn, grass, or fruits that are growing, that is to say, they cannot be
+stolen. But why? Because they concern the realty; that is, because they
+concern the land. It is true, that the land cannot be stolen, nor the
+right of a man’s tenure; but corn, and trees, and fruit, though growing,
+may be cut down, and carried away secretly and feloniously, in contempt
+and despite of the law. And are they not then stolen? And is there any
+act which is feloniously committed, that is not more than trespass? Can
+any man doubt of it, that understands the English tongue? It is true,
+that if a man pretend a right to the land, and on that pretence take the
+fruits thereof by way of taking possession of his own, it is no more
+than a trespass, unless he conceal the taking of them. For in that one
+case, he but puts the man that was in possession before, to exhibit his
+complaint, which purpose is not felonious, but lawful; for nothing makes
+a distinction between felony and not felony, but the purpose. I have
+heard, that if a man slander another with stealing of a tree standing,
+there lies no action for it. And that upon this ground: to steal a
+standing tree is impossible; and that the cause of the impossibility is,
+that a man’s freehold cannot be stolen; which is a very obvious fallacy.
+For freehold signifieth, not only the tenement, but also the tenure; and
+though it be true that a tenure cannot be stolen, yet every man sees
+that the standing trees and corn may easily be stolen. And so far forth
+as trees, &c. are part of the freehold, so far forth also, they are
+personal goods. For whatsoever is freehold is inheritance, and descended
+to the heir, and nothing can descend to the executors but what is merely
+personal. And though a box or case of evidences are to descend to the
+heir, yet unless you can shew me positive law to the contrary, they
+shall be taken into the executors' hands to be delivered to the heir.
+Besides, how unconscionable a thing is it, that he that steals a
+shilling’s worth of wood, which the wind hath blown down, or which lieth
+rotting on the ground, should be hanged for it, and he that takes a
+tree, worth twenty or forty shillings, should answer only for the
+damage!
+
+_L._ It is somewhat hard, but it has been so practised time out of mind.
+Then follows sodomy, and rape, both of them felonies.
+
+_P._ I know that, and that of the former he justly says it is
+detestable, being in a manner an apostacy from human nature: but in
+neither of them is there anything of _animus felleus_. The statutes
+which make them felony, are exposed to all men’s reading. But because
+Sir Edward Coke’s commentaries upon them are more diligent and accurate
+than to be free from all uncleanness, let us leap over them both;
+observing only by the way, that he leaves an evasion for an impotent
+offender, though his design be the same, and pursued to the utmost of
+his power.
+
+_L._ Two other great felonies are, breaking and burning of houses;
+neither of which are defined by any statute. The former of them is by
+Sir Edward Coke (_3 Inst. p. 63_), defined thus:—Burglary is by the
+common-law, the breaking and entering into the mansion-house of another,
+in the night, with intent to kill some reasonable creature, or to commit
+some other felony within the same, whether his intent be executed or
+not. And he defineth night to be then, when one man cannot know
+another’s face by daylight. And for the parts of a mansion-house, he
+reckoneth all houses that belong to house-keeping, as barns, stables,
+dairyhouses, buttery, kitchen, chambers, &c. But breaking of a house by
+day, though felony, and punished as burglary, is not within the statute.
+
+_P._ I have nothing to say against his interpretations here; but I like
+not that any private man should presume to determine, whether such or
+such a fact done be within the words of a statute or not, where it
+belongs only to a jury of twelve men to declare in their verdict,
+whether the fact laid open before them, be burglary, robbery, theft, or
+other felony. For this is to give a leading judgment to the jury, who
+ought not to consider any private lawyer’s institutes, but the statutes
+themselves pleaded before them for directions.
+
+_L._ Burning, as he defines it (ibid. p. 66), is a felony at the
+common-law, committed by any that maliciously and voluntarily, in the
+night or day, burneth the house of an other. And he hereupon infers, if
+a man set fire to the house, and it takes not, that then it is not
+within the statute.
+
+_P._ If a man should secretly and maliciously lay a quantity of
+gunpowder under another man’s house, sufficient to blow it up, and set a
+train of powder in it, and set fire to the train, and some accident
+hinder the effect, is not this burning? Or what is it? What crime? It is
+neither treason, nor murder, nor burglary, nor robbery, nor theft, nor
+(no damage being made) any trespass, nor contrary to any statute. And
+yet, seeing the common-law is the law of reason, it is a sin, and such a
+sin as a man may be accused of, and convicted; and consequently a crime
+committed of malice prepensed. Shall he not then be punished for the
+attempt? I grant you that a judge has no warrant from any statute-law,
+common-law, or commission, to appoint the punishment; but surely the
+King has power to punish him, on this side of life or member, as he
+please; and with the assent of Parliament, if not without, to make the
+crime for the future capital.
+
+_L._ I know not. Besides these crimes, there is conjuration, witchcraft,
+sorcery and enchantment; which are capital by the statute _1 James, c.
+12_.
+
+_P._ But I desire not to discourse of that subject. For though without
+doubt there is some great wickedness signified by those crimes; yet I
+have ever found myself too dull to conceive the nature of them, or how
+the devil hath power to do many things which witches have been accused
+of. Let us now come to crimes not capital.
+
+_L._ Shall we pass over the crime of heresy, which Sir Edward Coke
+ranketh before murder? But the consideration of it will be somewhat
+long.
+
+_P._ Let us defer it till the afternoon.
+
+[Sidenote: Of heresy.]
+
+_L._ Concerning heresy, Sir Edward Coke (3 _Inst._ p. 39) says, that
+five things fall into consideration. 1. Who be the judges of heresy. 2.
+What shall be judged heresy. 3. What is the judgment upon a man
+convicted of heresy. 4. What the law alloweth him to save his life. 5.
+What he shall forfeit by judgment against him.
+
+_P._ The principal thing to be considered, which is the heresy itself,
+he leaveth out, viz. what it is; in what fact or words it consisteth;
+what law it violateth, statute-law or the law of reason. The cause why
+he omitteth it, may perhaps be this; that it was not only out of his
+profession, but also out of his other learning. Murder, robbery, theft,
+&c. every man knoweth to be evil, and are crimes defined by the
+statute-law, so that any man may avoid them, if he will. But who can be
+sure to avoid heresy, (if he but dare to give an account of his faith),
+unless he know beforehand what it is?
+
+_L._ In the preamble of the statute of _2 Hen. IV, c. 15_, heresy is
+laid down, as a preaching or writing of such doctrine as is contrary to
+the determination of Holy Church.
+
+_P._ Then it is heresy at this day to preach or write against
+worshipping of Saints, or the infallibility of the Church of Rome, or
+any other determination of the same Church. For Holy Church, at that
+time, was understood to be the Church of Rome, and now with us the Holy
+Church I understand to be the Church of England; and the opinions in
+that statute are now, and were then, the true Christian faith. Also the
+same statute of _Hen. IV_ declareth, by the same preamble, that the
+Church of England had never been troubled with heresy.
+
+_L._ But that statute is repealed.
+
+_P._ Then also is that declaration or definition of heresy repealed.
+
+_L._ What, say you, is heresy?
+
+_P._ I say, heresy is a singularity of doctrine or opinion contrary to
+the doctrine of another man, or men; and the word properly signifies the
+doctrine of a sect, which doctrine is taken upon trust of some man of
+reputation for wisdom, that was the first author of the same. If you
+will understand the truth hereof, you are to read the histories and
+other writings of the ancient Greeks, whose word it is; which writings
+are extant in these days, and easy to be had. Wherein you will find,
+that in and a little before the time of Alexander the Great, there lived
+in Greece many excellent wits, that employed their time in search of the
+truth in all manner of sciences worthy of their labour, and which to
+their great honour and applause published their writings; some
+concerning justice, laws, and government, some concerning good and evil
+manners, some concerning the causes of things natural and of events
+discernible by sense, and some of all these subjects. And of the authors
+of these, the principal were Pythagoras, Plato, Zeno, Epicurus and
+Aristotle, men of deep and laborious meditation, and such as did not get
+their bread by their philosophy, but were able to live of their own, and
+were in honour with princes and other great personages. But these men,
+though above the rest in wisdom, yet their doctrine in many points did
+disagree; whereby it came to pass, that such men as studied their
+writings, inclined some to Pythagoras, some to Plato, some to Aristotle,
+some to Zeno, and some to Epicurus. But philosophy itself was then so
+much in fashion, as that every rich man endeavoured to have his children
+educated in the doctrine of some or other of these philosophers, which
+were for their wisdom so much renowned. Now those that followed
+Pythagoras, were called _Pythagoreans_; those that followed Plato,
+_Academics_; those that followed Zeno, _Stoics_; those that followed
+Epicurus, _Epicureans_; and those that followed Aristotle,
+_Peripatetics_; which are the names of heresy in Greek, which signifies
+no more but taking of an opinion; and the said _Pythagoreans_,
+_Academics_, _Stoics_, _Peripatetics_, _&c._ were termed by the names of
+so many several heresies. All men, you know, are subject to error, and
+the ways of error very different; and therefore it is no wonder if these
+wise and diligent searchers of the truth did, notwithstanding their
+excellent parts, differ in many points amongst themselves. But this
+laudable custom of great wealthy persons to have their children at any
+price to learn philosophy, suggested to many idle and needy fellows an
+easy and compendious way of maintenance; which was to teach the
+philosophy, some of Plato, some of Aristotle, &c: whose books to that
+end they read over, but without capacity or much endeavour to examine
+the reasons of their doctrines, taking only the conclusions, as they
+lay. And setting up with this, they soon professed themselves
+philosophers, and got to be the school-masters to the youth of Greece.
+But by competition for such employment, they hated and reviled one
+another with all the bitter terms they could invent; and very often,
+when upon occasion they were in civil company, fell first to
+disputation, and then to blows, to the great trouble of the company and
+their own shame. Yet amongst all their reproachful words, the name of
+_heretic_ came never in, because they were all equally heretics, their
+doctrine not being theirs, but taken upon trust from the aforesaid
+authors. So that though we find heresy often mentioned in Lucian and
+other heathen authors, yet we shall not find in any of them _hæreticus_
+for a heretic. And this disorder among the philosophers continued a long
+time in Greece, and infecting also the Romans, was at the greatest in
+the times of the apostles and in the primitive Church, till the time of
+the Nicene Council, and somewhat after. But at last the authority of the
+Stoics and Epicureans was not much esteemed, only Plato’s and
+Aristotle’s philosophy were much in credit; Plato’s with the better
+sort, that founded their doctrine upon the conceptions and ideas of
+things, and Aristotle’s with those that reasoned only from the names of
+things, according to the scale of the _categories_. Nevertheless, there
+were always, though not new sects of philosophy, yet new opinions
+continually arising.
+
+_L._ But how came the word heretic to be a reproach?
+
+_P._ Stay a little. After the death of our Saviour, his apostles and his
+disciples, as you know, dispersed themselves into several parts of the
+world to preach the Gospel, and converted much people, especially in
+Asia the Less, in Greece, and Italy, where they constituted many
+churches; and as they travelled from place to place, left bishops to
+teach and direct those their converts, and to appoint presbyters under
+them to assist them therein, and to confirm them by setting forth the
+life and miracles of our Saviour, as they had received them from the
+writings of the apostles and evangelists; whereby, and not by the
+authority of Plato, or Aristotle, or any other philosopher, they were to
+be instructed. Now you cannot doubt but that among so many heathens
+converted in the time of the apostles, there were men of all professions
+and dispositions, and some that had never thought of philosophy at all,
+but were intent upon their fortunes or their pleasures; and some that
+had a greater, some a less use of reason; and some that had studied
+philosophy, but professed it not, which were commonly the men of the
+better rank; and some had professed it only for their better abstinence,
+and had it not farther than readily to talk and wrangle; and some were
+Christians in good earnest, and others but counterfeit, intending to
+make use of the charity of those that were sincere Christians, which in
+those times was very great. Tell me now, of these sorts of Christians,
+which was the most likely to afford the fittest men to propagate the
+faith by preaching and writing, or public or private disputation; that
+is to say, who were fittest to be made presbyters and bishops.
+
+_L._ Certainly those who, _cæteris paribus_, could make the best use of
+Aristotle’s rhetoric and logic.
+
+_P._ And who were the most prone to innovation?
+
+_L._ They that were most confident of Aristotle’s and Plato’s (their
+former masters) natural philosophy. For they would be the aptest to
+wrest the writings of the apostles and all Scriptures to the doctrines
+in which their reputation was engaged.
+
+_P._ And from such bishops and priests and other sectaries it was, that
+heresy, amongst the Christians, first came to be a reproach. For no
+sooner had one of them preached or published any doctrine that
+displeased either the most, or the most leading men of the rest, but it
+became such a quarrel as not to be decided but by a Council of the
+bishops in the province where they lived; wherein he that would not
+submit to the general decree, was called a heretic, as one that would
+not relinquish the philosophy of his sect. The rest of the Council gave
+themselves the name of Catholics, and to their Church the name of
+Catholic Church. And thus came up the opposite terms of catholic and
+heretic.
+
+_L._ I understand how it came to be a reproach, but not how it follows
+that every opinion condemned by a Church that is, or calls itself
+catholic, must needs be an error or a sin. The Church of England denies
+that consequence, and that such doctrine as they hold cannot be proved
+to be erroneous but by the Scripture, which cannot err; but the Church,
+being but men, may both err and sin.
+
+_P._ In this case we must consider also that error, in its own nature,
+is no sin. For it is impossible for a man to err on purpose; he cannot
+have an intention to err; and nothing is sin unless there be a sinful
+intention: much less are such errors sins, as neither hurt the
+commonwealth nor any private man, nor are against any law positive or
+natural; such errors as were those for which men were burnt, in the time
+when the Pope had the government of this Church.
+
+_L._ Since you have told me how heresy came to be a name, tell me also
+how it came to be a crime; and what were the heresies that first were
+made crimes.
+
+_P._ Since the Christian Church could declare, and none else, what
+doctrines were heresies, but had no power to make statutes for the
+punishment of heretics before they had a Christian King, it is manifest
+that heresy could not be made a crime before the first Christian
+Emperor, which was Constantine the Great. In his time, one Arius, a
+priest of Alexandria, in dispute with his bishop publicly denied the
+divinity of Christ, and maintained it afterwards in the pulpit, which
+was the cause of a sedition and much bloodshed both of citizens and
+soldiers in that city. For the preventing of the like for the time to
+come, the Emperor called a general Council of bishops to the city of
+Nice; who being met, he exhorted them to agree upon a confession of the
+Christian faith, promising that whatsoever they agreed on he would cause
+to be observed.
+
+_L._ By the way, the Emperor, I think, was here a little too
+indifferent.
+
+_P._ In this Council was established so much of the creed we now use and
+call the Nicene creed, as reacheth to the words, _I believe in the Holy
+Ghost_. The rest was established by the three general Councils next
+succeeding. By the words of which creed almost all the heresies then in
+being, and especially the doctrine of Arius, were condemned; so that now
+all doctrines published by writing or by word, and repugnant to this
+confession of the first four general Councils, and contained in the
+Nicene creed, were, by the imperial law forbidding them, made crimes;
+such as are that of Arius, denying the divinity of Christ; that of
+Eutiches, denying the two natures of Christ; that of the Nestorians,
+denying the divinity of the Holy Ghost; that of the Anthropomorphites,
+that of the Manichees, that of the Anabaptists, and many other.
+
+_L._ What punishment had Arius?
+
+_P._ At the first, for refusing to subscribe, he was deprived and
+banished; but afterwards having satisfied the Emperor concerning his
+future obedience (for the Emperor caused this confession to be made, not
+for the regard of truth of doctrine, but for the preserving of the
+peace, especially among his Christian soldiers, by whose valour he had
+gotten the empire, and by the same was to preserve it), he was received
+again into grace, but died before he could repossess his benefice. But
+after the time of those Councils, the imperial law made the punishment
+for heresy to be capital, though the manner of the death was left to the
+prefects in their several jurisdictions; and thus it continued till
+somewhat after the time of the Emperor Frederick Barbarossa. But the
+papacy having gotten the upper hand of the Emperor, brought in the use
+of burning both heretics and apostates; and the Popes from time to time
+made heresies of many other points of doctrine (as they saw it conduce
+to the setting up of the chair above the throne), besides those
+determined in the Nicene creed, and brought in the use of burning; and
+according to this papal law, there was an apostate burnt at Oxford, in
+the time of William the Conqueror, for turning Jew. But of a heretic
+burnt in England, there is no mention made till after the statute of 2
+_Hen. IV_, whereby some followers of Wicliff, called Lollards, were
+afterwards burned; and that for such doctrines as by the Church of
+England, ever since the first year of Queen Elizabeth, have been
+approved for godly doctrines, and no doubt were godly then. And so you
+see how many have been burnt for godliness.
+
+_L._ It was not well done. But it is no wonder we read of no heretics
+before the time of Henry IV: for in the preamble to that statute it is
+intimated, that before those Lollards there never was any heresy in
+England.
+
+_P._ I think so too; for we have been the tamest nation to the Pope of
+all the world. But what statutes concerning heresy have there been made
+since?
+
+_L._ The statute of 2 _Hen. V_, _c._ 7, which adds to the burning the
+forfeiture of lands and goods; and then no more till the 25 _Hen. VIII_,
+_c._ 14, which confirms the two former, and giveth some new rules
+concerning how they shall be proceeded with. But by the statute of 1
+_Edw. VI_, _c._ 12, all acts of Parliament formerly made to punish any
+manner of doctrine concerning religion, are repealed. For therein it is
+ordained, after divers Acts specified, that all and every other Act or
+Acts of Parliament concerning doctrine or matters of religion, and all
+and every branch, article, sentence, and matter, pains and forfeitures
+contained, mentioned, or anywise declared in the same Acts of Parliament
+or statutes, shall be from henceforth repealed, utterly void, and of
+none effect. So that in the time of King Edward VI, not only all
+punishments of heresy were taken away, but also the nature of it was
+changed to what originally it was, a private opinion. Again, in 2 _Phil.
+& M._ those former statutes of 2 _Hen. IV_, _c._ 15, 2 _Hen. V_, _c._
+17, 25 _Hen. VIII_, _c._ 14, are revived; and the branch of 1 _Edw. VI_,
+_c._ 12, touching doctrine, though not specially named, seemeth to be
+this, that the same statute confirmeth the statute of 25 _Edw. III_,
+concerning treasons. Lastly, in the first year of Queen Elizabeth, _c.
+1_, the aforesaid statutes of Queen Mary are taken away, and thereby the
+statute of 1 _Edw. VI_, _c._ 12, revived; so as there was no statute
+left for the punishment of heretics. But Queen Elizabeth by the advice
+of her Parliament gave a commission, which was called the High
+Commission, to certain persons, amongst whom were very many of the
+bishops, to declare what should be heresy for the future, but with a
+restraint that they should judge nothing to be heresy, but what had been
+so declared in the first four general Councils.
+
+_P._ From this which you have showed me, I think we may proceed to the
+examination of the learned Sir Edward Coke concerning heresy. In his
+chapter of heresy, 3 _Inst._ p. 40, he himself confesseth that no
+statute against heresy stood then in force, when in the 9th year of King
+James, Bartholomew Legat was burnt for Arianism; and that from the
+authority of the act of 2 _Hen. IV_, _c._ 15, and other acts cited in
+the margin, it may be gathered that the diocesan hath the jurisdiction
+of heresy. This I say is not true: for as to acts of Parliament, it is
+manifest, that from acts repealed, that is to say, from things that have
+no being, there can be gathered nothing. And as to the other authorities
+in the margin, Fitzherbert and the Doctor and Student, they say no more
+than what was law in the time when they writ; that is, when the Pope’s
+usurped authority was here obeyed. But if they had written this in the
+time of King Edward VI or Queen Elizabeth, Sir Edward Coke might as well
+have cited his own authority, as theirs; for their opinions had no more
+the force of laws than his. Then he cites this precedent of Legat, and
+another of Hammond in the time of Queen Elizabeth; but precedents prove
+only what was done, and not what was well done. What jurisdiction could
+the diocesan then have of heresy, when by the statute of _Edw. VI_, _c._
+12, then in force, there was no heresy, and all punishment for opinions
+was forbidden? For heresy is a doctrine contrary to the determination of
+the Church; but then the Church had not determined any thing at all
+concerning heresy.
+
+_L._ But seeing the high-commissioners had power to correct and amend
+heresies, they must have power to cite such as were accused of heresy to
+appear before them; or else they could not execute their commission.
+
+_P._ If they had first made and published a declaration of what articles
+they made heresy, that when one man heard another speak against their
+declaration, he might thereof inform the commissioners, then indeed they
+had had power to cite and imprison the person accused. But before they
+can know what should be heresy, how was it possible that one man should
+accuse another? And before he be accused, how can he be cited?
+
+_L._ Perhaps it was taken for granted, that whatsoever was contrary to
+any of the four first general Councils, was to be judged heresy.
+
+_P._ That granted, yet I see not how one man might accuse another any
+the better for those Councils. For not one man of ten thousand had ever
+read them, nor were they ever published in English, that a man might
+avoid offending against them; nor perhaps are they extant. Nor if those
+that we have printed in Latin, are the very acts of the Councils, which
+is yet much disputed amongst divines, do I think it fit they were put in
+the vulgar tongues. But it is not likely that the makers of the statutes
+had any purpose to make heresy of whatsoever was repugnant to those four
+general Councils. For if they had, I believe the Anabaptists, of which
+there was great plenty in those times, would one time or other have been
+questioned upon this article of the Nicene Creed, _I believe one baptism
+for the remission of sins_. Nor was the commission itself for a long
+time after registered, that men might in such uncertainty take heed and
+abstain, for their better safety, from speaking of religion anything at
+all. But by what law was this heretic Legat burnt? I grant he was an
+Arian, and his heresy contrary to the determination of the Church of
+England, in the highest points of Christianity. But seeing there was no
+statute-law to burn him, and no penalty forbidding, by what law, by what
+authority was he burnt?
+
+_L._ That this Legat was accused of heresy, was no fault of the
+high-commissioners; but when he was accused, it had been a fault in them
+not to have examined him, or having examined him and found him an Arian,
+not to have judged him so, or not to have certified him so. All this
+they did, and this was all that belonged unto them; they meddled not
+with his burning, but left him to the secular power to do with him what
+they pleased.
+
+_P._ Your justification of the commissioners is nothing to the question.
+The question is by what law was he burnt? The spiritual-law gives no
+sentence of temporal punishment; and Sir Edward Coke confesseth that he
+could not be burned; and burning being forbidden by statute-law, by what
+law then was he burned?
+
+_L._ By the common-law.
+
+_P._ What is that? It is not custom. For before the time of Henry IV,
+there was no such custom in England; for if there had, yet those laws
+that came after were but confirmations of the custom, and therefore the
+repealing of those laws was a repealing of the custom. For when King
+Edward VI and Queen Elizabeth abolished those statutes, they abolished
+all pains, and consequently burning, or else they had abolished nothing.
+And if you will say he was burnt by the law of reason, you must tell me
+how there can be proportion between doctrine and burning; there can be
+no equality, nor majority, nor minority assigned between them. The
+proportion that is between them, is the proportion of the mischief which
+the doctrine maketh, to the mischief to be inflicted on the doctor; and
+this is to be measured only by him that hath the charge of governing the
+people; and consequently the punishing of offences can be determined by
+none but by the King, and that, if it extend to life or member, with the
+assent of Parliament.
+
+_L._ He does not draw any argument for it from reason, but allegeth for
+it this judgment executed upon Legat, and a story out of Holinshed and
+Stow. But I know that neither history nor precedent will pass with you
+for law. And though there be a writ _de hæretico comburendo_ in the
+register, as you may read in Fitzherbert, grounded upon the statutes of
+2 _Hen. IV_, _c._ 15, and 2 _Hen. V_, _c._ 7; yet seeing those statutes
+are void, you will say the writ is also void.
+
+_P._ Yes, indeed will I. Besides this, I understand not how that it is
+true that he saith, that the diocesan hath jurisdiction of heresy, and
+that so it was put in use in all Queen Elizabeth’s reign; whereas by the
+statute it is manifest, that all jurisdiction spiritual was given under
+the Queen to the high-commissioners. How then could any one diocesan
+have any part thereof without deputation from them, which by their
+letters-patent they could not grant? Nor was it reasonable they should;
+for the trust was not committed to the bishops only, but also to divers
+lay persons, who might have an eye upon their proceedings, lest they
+should encroach upon the power temporal. But at this day there is
+neither statute nor any law to punish doctrine, but the ordinary power
+ecclesiastical, and that according to the canons of the Church of
+England, only authorized by the King, the high-commission being long
+since abolished. Therefore let us come now to such causes criminal as
+are not capital.
+
+[Sidenote: Of premunire.]
+
+_L._ The greatest offence not capital, is that which is done against the
+statute of provisors.
+
+_P._ You have need to expound this.
+
+_L._ This crime is not unlike to that for which a man is outlawed, when
+he will not come in and submit himself to the law; saving that in
+outlawries there is a long process to precede it, and he that is
+outlawed is put out of the protection of the law. But for the offence
+against the statute of provisors (which is called _præmunire facias_,
+from the words in the original writ), if the offender submit not himself
+to the law within the space of two months after notice, he is presently
+an outlaw. And this punishment, if not capital, is equivalent to
+capital. For he lives secretly at the mercy of those that know where he
+is, and cannot, without the like peril to themselves, but discover him.
+And it has been much disputed, before the time of Queen Elizabeth,
+whether he might not be lawfully killed by any man that would, as one
+might kill a wolf. It is like the punishment amongst the old Romans, of
+being barred the use of fire and water; and like the great
+excommunication in the papacy, when a man might not eat nor drink with
+the offender without incurring the like penalty.
+
+_P._ Certainly the offence for which this punishment was first ordained
+was some abominable crime, or extraordinary mischief.
+
+_L._ So it was. For the Pope, you know, from long before the Conquest,
+encroached every day upon the power temporal. Whatsoever could be made
+to seem to be _in ordine ad spiritualia_, was in every commonwealth
+claimed and haled to the jurisdiction of the Pope; and for that end, in
+every country he had his court ecclesiastical, and there was scarce any
+cause temporal which he could not, by one shift or other, hook into his
+jurisdiction, in such sort as to have it tried in his own courts at
+Rome, or in France, or in England itself. By which means the King’s laws
+were not regarded, judgments given in the King’s courts were avoided,
+and presentations to bishoprics, abbeys, and other benefices, founded
+and endowed by the Kings and nobility of England, were bestowed by the
+Pope upon strangers, or such as with money in their purses could travel
+to Rome to provide themselves of such benefices. And suitably hereunto,
+when there was a question about a tithe, or a will, though the point
+were merely temporal, yet the Pope’s court here would fetch them in, or
+else one of the parties would appeal to Rome. Against these injuries of
+the Roman Church, and to maintain the right and dignity of the Crown of
+England, Edward III made a statute concerning provisors, that is, such
+as provide themselves with benefices here from Rome. For in the
+twenty-fifth year of his reign he ordained, in a full Parliament, that
+the right of election of bishops, and right of advowsons and
+presentations, belonged to himself, and to the nobility that were the
+founders of such bishoprics, abbeys, and other benefices. And he enacted
+further, that if any clerk which he or any of his subjects should
+present, should be disturbed by any such provisor, that such provisor or
+disturber should be attached by his body, and if convicted, lie in
+prison till he were ransomed at the King’s will, and had satisfied the
+party grieved, renounced his title, and found sureties not to sue for it
+any further; and that if they could not be found, then exigents should
+go forth to outlawry, and the profits of the benefice in the mean time
+be taken into the King’s hands. And the same statute is confirmed in the
+twenty-seventh year of King Edward III; which statute alloweth to these
+provisors two months to appear: but if they appear before they be
+outlawed, they shall be received to make answer; but if they render not
+themselves, they shall forfeit all their lands, goods, and chattels,
+besides that they stand outlawed. The same law is confirmed again by 16
+_Rich. II_, _c._ 5; in which is added, because these provisors obtained
+sometimes from the Pope, that such English bishops, as according to the
+law were instituted and inducted by the King’s presentees, should be
+excommunicated, that for this also both they, and the receivers and
+publishers of such papal process, and the procurers, should have the
+same punishment.
+
+_P._ Let me see the statute itself of 27 _Edw. III_.
+
+_L._ It lies there before you, set down _verbatim_ by Sir Edward Coke
+himself, both in English and French.
+
+_P._ It is well. We are now to consider what it means, and whether it be
+well or ill interpreted by Sir Edward Coke. And first it appeareth by
+the preamble, which Sir Edward Coke acknowledgeth to be the best
+interpreter of the statute, that this statute was made against the
+encroachments only of the Church of Rome upon the right of the King, and
+other patrons, to collate bishoprics and other benefices within the
+realm of England, and against the power of the courts spiritual to hold
+plea of controversies determinable in any of the courts of the King, or
+to reverse any judgment there given, as being things that tend to the
+disherison of the King and destruction of the common-law of the realm
+always used. Put the case now, that a man had procured the Pope to
+reverse a decree in chancery. Had he been within the danger of
+præmunire?
+
+_L._ Yes, certainly. Or if the judgment had been given in the Court of
+the Lord Admiral, or in any other King’s court whatsoever, either of law
+or equity. For courts of equity are most properly courts of the
+common-law of England, because equity and common-law, as Sir Edward Coke
+says, are all one.
+
+_P._ Then the word common-law is not in this preamble restrained to such
+courts only where the trial is by juries, but comprehends all the King’s
+temporal courts, if not also the courts of those subjects that are lords
+of great manors.
+
+_L._ It is very likely, yet I think it will not by every man be granted.
+
+_P._ The statute also says, that they who draw men out of the realm in
+plea, whereof the cognizance pertaineth to the King’s court, or of
+things whereof judgment is given in the King’s court, are within the
+cases of præmunire. But what if one man draw another to Lambeth in plea,
+whereof judgment is already given at Westminster. Is he by this clause
+involved in a præmunire?
+
+_L._ Yes. For though it be not out of the realm, yet it is within the
+meaning of the statute; because the Pope’s court, not the King’s court,
+was then perhaps at Lambeth.
+
+_P._ But in Sir Edward Coke’s time the King’s court was at Lambeth, and
+not the Pope’s.
+
+_L._ You know well enough that the spiritual Court has no power to hold
+pleas of common-law.
+
+_P._ I do so; but I know not for what cause any simple man, that
+mistakes his right court, should be out of the King’s protection, lose
+his inheritance and all his goods, personal and real, and if taken, be
+kept in prison all his life. This statute cannot be by Sir Edward Coke’s
+torture made to say it. Besides, such men are ignorant in what courts
+they are to seek their remedy; and it is a custom confirmed by perpetual
+usage, that such ignorant men should be guided by their counsel at law.
+It is manifest, therefore, that the makers of the statute intended not
+to prohibit men from suing for their right, neither in the Chancery, nor
+in the Admiralty, nor in any other court, except the Ecclesiastical
+courts, which had their jurisdiction from the Church of Rome. Again,
+where the statute says, “which do sue in any other court, or defeat a
+judgment in the King’s court”: what is the meaning of another court?
+Another court than what? Is it here meant the King’s Bench, or Court of
+Common Pleas? Does a præmunire lie for every man that sues in Chancery
+for that which might be remedied in the Court of Common Pleas? Or can a
+præmunire lie by this statute against the Lord Chancellor? The statute
+lays it only on the party that sueth, not upon the judge which holdeth
+the plea. Nor could it be laid, either by this statute or by the statute
+of 16 _Rich. II_, upon the judges, which were then punishable only by
+the Pope’s authority. Seeing then the party suing has a just excuse upon
+the counsel of his lawyer, and the temporal judge and the lawyer both
+are out of the statute, the punishment of the præmunire can light upon
+nobody.
+
+_L._ But Sir Edward Coke in this same chapter bringeth two precedents to
+prove, that though the spiritual courts in England be now the King’s
+courts, yet whosoever sueth in them for any thing triable by the
+common-law, shall fall into a præmunire. One is, that whereas in the
+twenty-second year of _Hen. VIII_ all the clergy of England in a
+convocation by public instrument acknowledged the King to be supreme
+head of the Church of England; yet after this, viz. 24 _Hen. VIII_, this
+statute was in force.
+
+_P._ Why not? A convocation of the clergy could not alter the right of
+supremacy; their courts were still the Pope’s courts. The other
+precedent, in the twenty-fifth year of _Hen. VIII_, of the Bishop of
+Norwich, may have the same answer. For the King was not declared head of
+the Church by Act of Parliament till the twenty-sixth year of his reign.
+If he had not mistrusted his own law, he would not have laid hold on so
+weak a proof as these precedents. And as to the sentence of præmunire
+upon the Bishop of Norwich, neither doth this statute nor that other of
+Richard II warrant it. He was sentenced for threatening to excommunicate
+a man which had sued another before the mayor. But this statute forbids
+not that, but forbids the bringing in or publishing of excommunications,
+or other process from Rome, or any other place. Before the twenty-sixth
+year of Henry VIII, there is no question but that for a suit in the
+spiritual court here in a temporal cause there lay a præmunire. And if
+perhaps some judge or other hath since that time judged otherwise, his
+judgment was erroneous.
+
+_L._ Nay, but by the statute of 16 _Rich. II._ _c._ 5, it appeareth to
+the contrary, as Sir Edward Coke here will show you. The effect, saith
+he, of the statute of Richard II is, that if any pursue, or cause to be
+pursued, in the Court of Rome or elsewhere, anything which toucheth the
+King, against him, his crown, or regality, or his realm, they, their
+notaries, &c. shall be out of the King’s protection.
+
+_P._ I pray you let me know the very words of the statute as they lie.
+
+_L._ Presently. The words are, _If any man purchase or pursue, or cause
+to be purchased or pursued, in the Court of Rome or elsewhere, any such
+translations, processes and sentences of excommunication, bulls,
+instruments, or any other things whatsoever, which touch the King,
+against him, his crown, and his regality, or his realm, as is aforesaid,
+&c._
+
+_P._ If a man bring a plea of common-law into the spiritual court, which
+is now the King’s court, and the judge of this spiritual court hold plea
+thereof: by what construction can you draw it within the compass of the
+words you have now read? To sue for my right in the King’s court, is no
+pursuing of translations of bishoprics, made or procured in the Court of
+Rome, or any place else, but only in the court of the King; nor is this
+the suit against the King, nor his crown, nor his regality, nor his
+realm, but the contrary. Why then is it a præmunire? No. He that brings
+in or setteth out a writing in any place whatsoever, wherein is
+contained, that the King hath so given away his jurisdiction, as that if
+a subject be condemned falsely, his submission to the King’s judgment is
+of none effect; or that the King upon no necessity whatsoever can out of
+Parliament-time raise money for the defence of the kingdom, is, in my
+opinion, much more within the statute of provisors, than they which
+begin suit for a temporal matter in a court spiritual. But what argument
+has he for this law of his, since the statute-law fails him, from the
+law of reason?
+
+_L._ He says, _they are called other courts, either because they proceed
+by the rules of other laws, as by the canon or civil law, or by other
+trials than the common-law doth warrant. For the trial warranted by the
+law of England for matter of fact, is by verdict of twelve men before
+the judges of the common-law, in matters pertaining to the common-law,
+and not upon examination of witnesses, as in the Court of Equity. So
+that alia curia is either that which is governed per aliam legem, or
+which draweth the party ad aliud examen. For if_—
+
+_P._ Stop there. Let us consider of this you have read: _for the trial
+warranted by the law of England is by verdict of twelve men_. What means
+he here by the law of England? Does it not warrant the trials in
+Chancery, and in the Court of Admiralty, by witnesses?
+
+_L._ By the law of England he means the law used in the King’s Bench;
+that is to say, the common-law.
+
+_P._ This is just as if he had said, that two courts did warrant their
+own way of trial; but other courts not so, but were warranted by the
+King: only the courts of common-law were warrants to themselves. You see
+that _alia curia_ is this way ill expounded. In the courts of common-law
+all trials are by twelve men, who are judges of the fact; and the fact
+known and proved, the judges are to pronounce the law; but in the
+spiritual court, the Admiralty, and in all the courts of Equity, there
+is but one judge, both of fact and of law; this is all the difference.
+If this difference be intended by the statute by _alia curia_, there
+would be a præmunire for suing in a court, being not the King’s Court.
+The King’s Bench and Court of Common Pleas may also be different kinds
+of courts, because the process is different. But it is plain that this
+statute doth not distinguish courts otherwise than into the courts of
+the King, and into the courts of the foreign states and princes. And
+seeing you stand upon the name of a jury for the distinguishing of
+courts, what difference do you find between the trials at the
+common-law, and the trials in other courts? You know that in trials of
+fact naturally, and through all the world, the witnesses are judges, and
+it is impossible to be otherwise. What then in England can a jury judge
+of, except it be of the sufficiency of the testimony? The justices have
+nothing to judge of or do, but after the fact is proved, to declare the
+law; which is not judgment, but jurisdiction. Again, though the trial be
+in Chancery, or in the Court of civil law, the witnesses are still
+judges of the fact, and he that hath the commission to hear the cause,
+hath both the parts, that is to say, of a jury to judge of the
+testimony, and of a justice to declare the law. In this, I say, lies all
+the difference: which is indeed enough to make a dispute (as the world
+goes) about jurisdiction! But seeing it tends neither to the disherison
+of the King, nor of the people, nor to the subversion of the law of
+reason, that is of common-law, nor to the subversion of justice, nor to
+any harm of the realm, without some of which these statutes are not
+broken; it cannot be a præmunire.
+
+_L._ Let me read on. _For if the freehold, inheritances, goods and
+chattels, debts and duties, wherein the King and subject have right and
+property by the common-law, should be judged per aliam legem, or be
+drawn ad aliud examen, the three mischiefs afore expressed would follow;
+viz. the destruction of the King and his crown, the disherison of his
+people, and the undoing and destruction of the common-law always used._
+
+_P._ That is to say, of the law of reason. From hence it follows, that
+where there are no juries, and where there are different laws from ours,
+that is to say, in all the world besides, neither King nor people have
+any inheritance, nor goods, nor any law of reason. I will examine his
+doctrine concerning cases criminal no further. He nowhere defineth a
+crime, that we may know what it is: an odious name sufficeth him to make
+a crime of any thing. He hath put heresy among the most odious crimes,
+not knowing what it signifies; and upon no other cause, but because the
+Church of Rome, to make their usurped power the more terrible, had made
+it, by long preaching against it, and cruelty shown towards many godly
+and learned men of this and other reformed Churches, appear to common
+people a thing detestable. He puts it in as a plea of the crown in the
+time of Queen Elizabeth; whereas in her time there was no doctrine
+heresy. But Justice Stamford leaves it out, because, when heresy was a
+crime, it was a plea of the _mitre_. I see also in this catalogue of
+causes criminal, he inserteth costly feeding, costly apparel, and costly
+building, though they were contrary to no statute. It is true, that by
+evil circumstances they become sins; but these sins belong to the
+judgment of the pastors spiritual. A justice of the temporal law (seeing
+the intention only makes them sins) cannot judge whether they be sins or
+no, unless he have power to take confessions. Also he makes flattery of
+the King to be a crime. How could he know when one man had flattered
+another? He meant therefore that it was a crime to please the King: and
+accordingly he citeth divers calamities of such as had been in times
+past in great favour of the Kings they served; as the favourites of
+Henry III, Edward II, Richard II, Henry VI; which favourites were some
+imprisoned, some banished, and some put to death by the same rebels that
+imprisoned, banished, and put to death the same King, upon no better
+ground than the Earl of Strafford, the Archbishop of Canterbury, and
+King Charles the First, by the rebels of that time. Empson and Dudley
+were no favourites of Henry the seventh, but spunges, which King Henry
+the eighth did well squeeze. Cardinal Wolsey was indeed for divers years
+a favourite of Henry the eighth, but fell into disgrace, not for
+flattering the King, but for not flattering him in the business of
+divorce from Queen Katherine. You see his reasoning here; see also his
+passion in the words following: we will for some causes descend no
+lower: _Qui eorum vestigiis insistunt, eorum exitus perhorrescant._ This
+is put in for the favourite, that then was, of King James. But let us
+give over this, and speak of the legal punishments to these crimes
+belonging.
+
+[Sidenote: Of punishments.]
+
+And in the first place I desire to know who it is that hath the power,
+for an offence committed, to define and appoint the special manner of
+punishment. For I suppose you are not of the opinion of the Stoics in
+old time, that all faults are equal, and that there ought to be the same
+punishment for killing a man, and for killing a hen.
+
+_L._ The manner of punishment in all crimes whatsoever, is to be
+determined by the common-law. That is to say, if it be a statute that
+determines it, then the judgment must be according to the statute; if it
+be not specified by the statute, then the custom in such cases is to be
+followed: but if the case be new, I know not why the judge may not
+determine it according to reason.
+
+_P._ But according to whose reason? If you mean the natural reason of
+this or that judge authorized by the King to have cognizance of the
+cause, there being as many several reasons, as there are several men,
+the punishment of all crimes will be uncertain, and none of them ever
+grow up to make a custom. Therefore a punishment certain can never be
+assigned, if it have its beginning from the natural reasons of deputed
+judges; no, nor from the natural reason of the supreme judge. For if the
+law of reason did determine punishments, then for the same offences
+there should be, through all the world and in all times, the same
+punishments; because the law of reason is immutable and eternal.
+
+_L._ If the natural reason neither of the King, nor of any else, be able
+to prescribe a punishment, how can there be any lawful punishment at
+all?
+
+_P._ Why not? For I think that in this very difference between the
+rational faculties of particular men, lieth the true and perfect reason
+that maketh every punishment certain. For, but give the authority of
+defining punishments to any man whatsoever, and let that man define
+them, and right reason has defined them, suppose the definition be both
+made, and made known before the offence committed. For such authority is
+to trump in card playing, save that in matter of government, when
+nothing else is turned up, clubs are trumps. Therefore seeing every man
+knoweth by his own reason what actions are against the law of reason,
+and knoweth what punishments are by this authority for every evil action
+ordained; it is manifest reason, that for breaking the known laws he
+should suffer the known punishments. Now the person to whom this
+authority of defining punishments is given, can be no other, in any
+place of the world, but the same person that hath the sovereign power,
+be it one man or one assembly of men. For it were in vain to give it to
+any person that had not the power of the militia to cause it to be
+executed; for no less power can do it, when many offenders be united and
+combined to defend one another. There was a case put to King David by
+Nathan, of a rich man that had many sheep, and of a poor man that had
+but one, which was a tame lamb: the rich man had a stranger in his
+house, for whose entertainment, to spare his own sheep he took away the
+poor man’s lamb. Upon this case the King gave judgment, “Surely the man
+that hath done this shall die.” What think you of this? Was it a royal,
+or tyrannical judgment?
+
+_L._ I will not contradict the canons of the Church of England, which
+acknowledge the King of England within his own dominions hath the same
+rights, which the good Kings of Israel had in theirs; nor deny King
+David to have been one of those good Kings. But to punish with death
+without a precedent law, will seem but a harsh proceeding with us, who
+unwillingly hear of arbitrary laws, much less of arbitrary punishments,
+unless we were sure that all our Kings would be as good as David. I will
+only ask you, by what authority the clergy may take upon them to
+determine or make a canon concerning the power of their own King, or to
+distinguish between the right of a good and an evil King.
+
+_P._ It is not the clergy that make their canons to be law, but it is
+the King that doth it by the great seal of England; and it is the King
+that giveth them power to teach their doctrines, in that, that he
+authorized them publicly to teach and preach the doctrine of Christ and
+his apostles, according to the Scriptures, wherein this doctrine is
+perspicuously contained. But if they had derogated from the royal power
+in any of their doctrines published, then certainly they had been to
+blame; nay, I believe that they had been more within the statute of
+præmunire of 16 _Rich. II_, _c._ 5, than any judge of a Court of Equity
+for holding pleas of common-law. I cite not this precedent of King
+David, as approving the breach of the great charter, or justifying the
+punishment with loss of life or member, of every man that shall offend
+the King; but to show you that before the charter was granted, in all
+cases where the punishments were not prescribed, it was the King only
+that could prescribe them; and that no deputed judge could punish an
+offender but by force of some statute, or by the words of some
+commission, and not _ex officio_. They might for a contempt of their
+courts, because it is a contempt of the King, imprison a man during the
+King’s pleasure, or fine him to the King according to the greatness of
+the offence: but all this amounteth to no more, than to leave him to the
+King’s judgment. As for cutting off of ears, and for the pillory, and
+the like corporal punishments usually inflicted heretofore in the
+Star-chamber, they were warranted by the statute of _Hen. VII_, that
+giveth them power to punish sometimes by discretion. And generally it is
+a rule of reason, that every judge of crimes, in case the positive law
+appoint no punishment, and he have no other command from the King, then
+do consult the King before he pronounce sentence of any irreparable
+damage on the offender: for otherwise he doth not pronounce the law,
+which is his office to do, but makes the law, which is the office of the
+King. And from this you may collect, that the custom of punishing such
+and such a crime, in such and such a manner, hath not the force of law
+in itself, but from an assured presumption that the original of the
+custom was the judgment of some former King. And for this cause the
+judges ought not to run up, for the customs by which they are warranted,
+to the time of the Saxon Kings, nor to the time of the Conquest. For the
+most immediate antecedent precedents are the fairest warrants of their
+judgments; as the most recent laws have commonly the greatest vigour, as
+being fresh in the memory of all men, and tacitly confirmed, because not
+disapproved, by the sovereign legislator. What can be said against this?
+
+_L._ Sir Edward Coke, (3 _Inst._ _p._ 210), in the chapter of judgments
+and executions, saith, that of judgments some are by the common-law,
+some by statute-law, and some by custom; wherein he distinguisheth
+common-law both from statute-law and from custom.
+
+_P._ But you know, that in other places he makes the common-law, and the
+law of reason, to be all one; as indeed they are, when by it is meant
+the King’s reason. And then his meaning in this distinction must be,
+that there be judgments by reason without statute-law, and judgments
+neither by statute-law nor by reason, but by custom without reason. For
+if a custom be reasonable, then, both he and other learned lawyers say,
+it is common-law; and if unreasonable, no law at all.
+
+_L._ I believe Sir Edward Coke’s meaning was no other than yours in this
+point, but that he inserted the word _custom_, because there be not many
+that can distinguish between customs reasonable and unreasonable.
+
+_P._ But custom, so far forth as it hath the force of a law, hath more
+of the nature of a statute, than of the law of reason, especially where
+the question is not of lands and goods, but of punishments, which are to
+be defined only by authority. Now to come to particulars, what
+punishment is due by law for high-treason?
+
+_L._ To be drawn upon a hurdle from the prison to the gallows, and there
+to be hanged by the neck, and laid upon the ground alive, and have his
+bowels taken out and burnt whilst he is yet living; to have his head cut
+off, his body to be divided into four parts, and his head and quarters
+to be placed as the King shall assign.
+
+_P._ Seeing a judge ought to give judgment according to the law, and
+that this judgment is not appointed by any statute, how does Sir Edward
+Coke warrant it by reason, or how by custom?
+
+_L._ Only thus: reason it is, that his body, lands, goods, posterity,
+&c. should be torn, pulled asunder, and destroyed, that intended to
+destroy the majesty of government.
+
+_P._ See how he avoids the saying the majesty of the King. But does not
+this reason make as much for punishing a traitor, as Mettius Fuffetius
+in old time was executed by Tullus Hostilius, King of Rome, or as
+Ravaillac, not many years ago in France, who were torn in pieces by four
+horses, as it does for drawing, hanging, and quartering?
+
+_L._ I think it does. But he confirms it also in the same chapter, by
+holy Scripture. Thus Joab for treason (1 _Kings_ ii. 28), was drawn from
+the horns of the altar; that is proof for drawing upon a hurdle: _Esth._
+ii. 22; Bigthan for treason was hanged; there is proof for hanging:
+_Acts_ i. 18; Judas hanged himself and his bowels were poured out; there
+is for hanging and embowelling alive: 2 _Sam._ xviii. 14; Joab pierced
+Absalom’s heart; that is proof for pulling out a traitor’s heart: _Sam._
+xx. 22; Sheba the son of Bichri had his head cut off; which is proof
+that a traitor’s head ought to be cut off: 2 _Sam._ iv. 12; they slew
+Baanah and Rechab, and hung up their heads over the pool of Hebron; this
+is for setting up of quarters: and lastly for forfeiture of lands, and
+goods, _Psalms_ cix. 9-15: _Let their children be driven out, and beg,
+and other men make spoil of their labours, and let their memory be
+blotted out of the land._
+
+_P._ Learnedly said; and no record is to be kept of the judgment. Also
+the punishments divided between those traitors, must be joined in one
+judgment for a traitor here.
+
+_L._ He meant none of this, but intended (his hand being in) to show his
+reading, or his chaplain’s, in the Bible.
+
+_P._ Seeing then for the specifying of the punishment in case of
+treason, he brings no argument from natural reason, that is to say, from
+the common-law; and that it is manifest that it is not the general
+custom of the land, the same being rarely or never executed upon any
+peer of the realm, and that the King may remit the whole penalty, if he
+will: it follows, that the specifying of the punishment depends merely
+upon the authority of the King. But this is certain, that no judge ought
+to give other judgment, than has been usually given and approved either
+by a statute, or by consent express or implied of the sovereign power.
+For otherwise it is not the judgment of the law, but of a man subject to
+the law.
+
+_L._ In petit treason the judgment is, to be drawn to the place of
+execution, and hanged by the neck; or if it be a woman, to be drawn and
+burnt.
+
+_P._ Can you imagine that this so nice a distinction can have any other
+foundation than the wit of a private man?
+
+_L._ Sir Edward Coke upon this place says, that she ought not to be
+beheaded or hanged.
+
+_P._ No, not by the judge, who ought to give no other judgment than the
+statute or the King appoints; nor the sheriff to make other execution
+than the judge pronounceth; unless he have a special warrant from the
+King. And this I should have thought he had meant, had he not said
+before, that the King had given away all his right of judicature to his
+courts of justice.
+
+_L._ The judgment for felony is—
+
+_P._ Heresy is before felony in the catalogue of the pleas of the Crown.
+
+_L._ He has omitted the judgment against a heretic, because, I think, no
+jury can find heresy, nor no judge temporal did ever pronounce judgment
+upon it. For the statute of 2 _Hen. V_, _c._ 7, was, that the bishop
+having convicted any man of heresy, should deliver him to the sheriff,
+and that the sheriff should believe the bishop. The sheriff therefore
+was bound by the statute of 2 _Hen. IV_, after he was delivered to him,
+to burn him; but that statute being repealed, the sheriff could not burn
+him, without a writ _de heretico comburendo_, and therefore the sheriff
+burnt Legat (9 King James) by that writ, which was granted by the judges
+of the common-law at that time, and in that writ the judgment is
+expressed.
+
+_P._ This is strange reasoning. When Sir Edward Coke knew and confessed,
+that the statutes upon which the writ _de hæretico comburendo_ was
+grounded, were all repealed, how could he think the writ itself could be
+in force? Or that the statute, which repealeth the statutes for burning
+heretics, was not made with an intent to forbid such burning? It is
+manifest he understood not his books of common-law. For in the time of
+Henry IV and Henry V, the word of the bishop was the sheriff’s warrant,
+and there was need of no such writ; nor could be till the 25 _Hen.
+VIII_, when those statutes were repealed, and a writ made for that
+purpose and put into the register, which writ Fitzherbert cites in the
+end of his <cite lang="la">Natura Brevium_. Again, in the latter end of
+the reign of Queen Elizabeth, was published a correct register of
+original and judicial writs, and the writ _de hæretico comburendo_ left
+out; because that statute of 25 _Hen. VIII_, and all statutes against
+heretics, were repealed, and burning forbidden. And whereas he citeth
+for the granting of this writ, in the ninth year of James I, the Lord
+Chief Justice, the Lord Chief Baron, and two Justices of the
+Common-Pleas, it is, as to all but the Lord Chief Justice, against the
+law. For neither the judges of Common-Pleas, nor of the Exchequer, can
+hold pleas of the Crown without special commission; and if they cannot
+hold plea, they cannot condemn.
+
+_L._ The punishment for felony is, that the felon be hanged by the neck
+till he be dead. And to prove that it ought to be so, he cites a
+sentence, from whence I know not, _Quod non licet felonem pro felonia
+decollare._.
+
+_P._ It is not indeed lawful for the sheriff of his own head to do it,
+or to do otherwise than is commanded in the judgment, nor for the judge
+to give any other judgment than according to statute-law, or the usage
+consented to by the King; but this hinders not the King from altering
+his law concerning judgments, if he see good cause.
+
+_L._ The King may do so, if he please: and Sir Edward Coke tells you how
+he altered particular judgments in case of felony, and showeth that
+judgment being given upon a lord in Parliament, that he should be
+hanged, he was nevertheless beheaded; and that another lord had the like
+judgment for another felony, and was not hanged but beheaded: and withal
+he shows you the inconveniency of such proceeding, because, saith he, if
+hanging might be altered to beheading, by the same reason it might be
+altered to burning, stoning to death, &c.
+
+_P._ Perhaps there might be inconveniency in it; but it is more than I
+see, or he shows, nor did there happen any inconveniency from the
+execution he citeth: besides he granteth, that death, being _ultimum
+supplicium_, is a satisfaction to the law. But what is all this to the
+purpose, when it belongeth not to consider such inconveniences of
+government but to the King and Parliament? Or who, from the authority of
+a deputed judge, can derive a power to censure the actions of a King
+that hath deputed him?
+
+_L._ For the death of a man by misfortune, there is, he saith, no
+express judgment, nor for killing a man in one’s own defence; but he
+saith, that the law hath in both cases given judgment that he, that so
+killeth a man, shall forfeit all his goods and chattels, debts and
+duties.
+
+_P._ If we consider what Sir Edward Coke saith (1 _Inst._ _sec._ 745),
+at the word _felony_, these judgments are very favourable; for there he
+saith, that killing a man by _chance medley_, or _se defendendo_, is
+_felony_. His words are: “wherefore by the law at this day, under the
+word _felony_ in commissions, &c. is included petite treason, murder,
+homicide, burning of houses, burglary, robbery, rape, &c.
+_chance-medley_, and _se defendendo_.” But if we consider only the
+intent of him that killeth a man by misfortune or in his own defence,
+the same judgments will be thought both cruel and sinful judgments. And
+how they can be _felony_, at this day cannot be understood, unless there
+be a statute to make them so. For the statute of 25 _Hen. III_, _c._ 25,
+the words whereof, “murder from henceforth shall not be judged before
+our justices, where it is found misfortune only, but it shall take place
+in such as are slain by felony, and not otherwise,” make it manifest, if
+they be felonies, they must also be murders, unless they have been made
+felonies by some later statute.
+
+_L._ There is no such later statute, nor is it to say in commission; nor
+can a commission, or anything but another statute, make a thing felony
+that was not so before.
+
+_P._ See what it is for a man to distinguish _felony_ into several
+sorts, before he understands the general name of felony, what it
+meaneth. But that a man, for killing another man by misfortune only,
+without any evil purpose, should forfeit all his goods and chattels,
+debts and duties, is a very hard judgment, unless perhaps they were to
+be given to the kindred of the man slain, by way of amends for damage.
+But the law is not that. Is it the common-law, which is the law of
+reason, that justifies this judgment, or the statute-law? It cannot be
+called the law of reason, if the case be mere misfortune. If a man be
+upon his appletree to gather his apples, and by ill-fortune fall down,
+and lighting on the head of another man, kill him, and by good fortune
+save himself; shall he for this mischance be punished with the
+forfeiture of his goods to the King? Does the law of reason warrant
+this? He should, you will say, have looked to his feet; that is true;
+but so should he, that was under, have looked up to the tree. Therefore
+in this case the law of reason, as I think, dictates that they ought
+each of them to bear his own misfortune.
+
+_L._ In this case I agree with you.
+
+_P._ But this case is the true case of mere misfortune, and a sufficient
+reprehension of the opinion of Sir Edward Coke.
+
+_L._ But what if this had happened to be done by one, that had been
+stealing apples upon the tree of another man? Then, as Sir Edward Coke
+says (3 _Inst._ _p._ 56), it had been murder.
+
+_P._ There is indeed great need of good distinction in a case of killing
+by misfortune. But in this case the unlawfulness of stealing apples
+cannot make it murder, unless the falling itself be unlawful. It must be
+a voluntary unlawful act that causeth the death, or else it is no murder
+by the law of reason. Now the death of the man that was under the tree,
+proceeded not from that, that the apples were not his that fell, but
+from the fall. But if a man shoot with a bow or a gun at another man’s
+deer, and by misfortune kill a man, such shooting being both voluntary
+and unlawful, and also the immediate cause of the man’s death, may be
+drawn, perhaps well enough sometimes, to murder by a judge of the
+common-law. So likewise if a man shoot an arrow over a house, and by
+chance kill a man in the street, there is no doubt but by the law of
+reason it is murder: for though he meant no malice to the man slain, yet
+it is manifest that he cared not whom he slew. In this difficulty of
+finding out what it is that the law of reason dictates, who is it that
+must decide the question?
+
+_L._ In the case of misfortune, I think it belongs to the jury; for it
+is matter of fact only. But when it is doubtful whether the action from
+which the misfortune came, were lawful or unlawful, it is to be judged
+by the judge.
+
+_P._ But if the unlawfulness of the action, as the stealing of the
+apples, did not cause the death of the man; then the stealing, be it
+trespass or felony, ought to be punished alone, as the law requireth.
+
+_L._ But for the killing of a man _se defendendo_, the jury, as Sir
+Edward Coke here says, shall not in their verdict say it was _se
+defendendo_, but shall declare the manner of the fact in special, and
+clear it to the judge to consider how it is to be called, whether _se
+defendendo_, manslaughter, or murder.
+
+_P._ One would think so; for it is not often within the capacity of a
+jury, to distinguish the signification of the different hard names which
+are given by lawyers to the killing of a man: as murder and felony,
+which neither the laws, nor the makers of the laws, have yet defined.
+The witnesses say, that thus and thus the person did, but not that it
+was murder or felony; no more can the jury say, who ought to say nothing
+but what they hear from the witnesses or from the prisoner. Nor ought
+the judge to ground his sentence upon anything else besides the special
+matter found, which, according as it is contrary or not contrary to the
+statute, ought to be pronounced.
+
+_L._ But I have told you, that when the jury has found misfortune or _se
+defendendo_, there is no judgment at all to be given, and the party is
+to be pardoned of course, saving that he shall forfeit his goods and
+chattels, debts and duties, to the King.
+
+_P._ But I understand not how there can be a crime for which there is no
+judgment, nor how any punishment can be inflicted without a precedent
+judgment, nor upon what ground the sheriff can seize the goods of any
+man, till it be judged that they be forfeited. I know that Sir Edward
+Coke saith, that in the judgment of hanging, the judgment of forfeiture
+is implied, which I understand not; though I understand well enough,
+that the sheriff by his office may seize the goods of a felon convicted;
+much less do I conceive how the forfeiture of goods can be implied in a
+no-judgment; nor do I conceive, that when the jury has found the special
+manner of the fact to be such as is really no other than _se
+defendendo_, and consequently no fault at all, why he should have any
+punishment at all. Can you show me any reason for it?
+
+_L._ The reason lies in the custom.
+
+_P._ You know that unreasonable customs are not law, but ought to be
+abolished; and what custom is there more unreasonable, than that a man
+should be punished without a fault?
+
+_L._ Then see the statute of 24 _Hen. VIII_, _c._ 5.
+
+_P._ I find here, that at the making of this statute there was a
+question amongst the lawyers, in case one man should kill another, that
+attempted feloniously to rob or murder him in or near any common
+highway, courtway, horseway, or footway, or in his mansion, messuage, or
+dwelling place; whether for the death of such a man one shall forfeit
+his goods and chattels, as a man should do for killing another by chance
+medley or in his own defence. This is the preamble, and penned as well
+as Sir Edward Coke could have wished. But this statute does not
+determine that a man should forfeit his goods for killing a man _se
+defendendo_, or for killing him by misfortune; but supposeth it only
+upon the opinion of the lawyers that then were. The body of the statute
+is, that if a man be indicted or appealed for the death of such person
+so attempting as aforesaid, and the same by verdict be so found and
+tried, he shall not forfeit anything, but shall be discharged as if he
+had been found not guilty. You see the statute; now consider thereby, in
+the case of killing _se defendendo_. First, if a man kill another in his
+own defence, it is manifest that the man slain did either attempt to
+rob, or to kill, or to wound him; for else it were not done in his own
+defence. If then it were done in the street, or near the street, as in a
+tavern, he forfeits nothing, because the street is a highway. So
+likewise it is to be said of all other common-ways. In what place
+therefore can a man kill another in his own defence, but that this
+statute will discharge him of the forfeiture?
+
+_L._ But the statute says the attempt must be felonious.
+
+_P._ When a man assaults me with a knife, sword, club, or other mortal
+weapon, does any law forbid me to defend myself, or command me to stay
+so long as to know whether he have a felonious intent, or no? Therefore
+by this statute, in case it be found _se defendendo_, the forfeiture is
+discharged; if it be found otherwise, it is capital. If we read the
+statute of _Glocester_, _cap._ 9, I think it will take away the
+difficulty. For by that statute, in case it be found by the country that
+he did it in his own defence or by misfortune, then by the report of the
+justices to the King, the King shall take him to his grace, if it please
+him. From whence it followeth, first, that it was then thought law, that
+the jury may give the general verdict of _se defendendo_; which Sir
+Edward Coke denies. Secondly, that the judge ought to report especial
+matter to the King. Thirdly, that the King may take him to his grace, if
+he please; and consequently, that his goods are not to be seized, till
+the King, after the report of the judge heard, give the sheriff command
+to do it. Fourthly, that the general verdict of the King hinders not the
+King but that he may judge of it upon the special matter; for it often
+happens that an ill-disposed person provokes a man with words or
+otherwise, on purpose to make him draw his sword, that he may kill him,
+and pretend it done in his own defence; which appearing, the King may,
+without any offence to God, punish him, as the cause shall require.
+Lastly, contrary to the doctrine of Sir Edward Coke, he may in his own
+person be judge in the case, and annul the verdict of the jury; which a
+deputed judge cannot do.
+
+_L._ There be some cases wherein a man, though by the jury he be found
+not guilty, shall nevertheless forfeit his goods and chattels to the
+King. For example; a man is slain, and one A, hating B, giveth out that
+it was B that slew him; B hearing thereof, fearing if he be tried for
+it, that through the great power of A, and others that seek his hurt, he
+should be condemned, flieth, and afterwards is taken and tried; and upon
+sufficient evidence is by the jury found not guilty; yet because he
+fled, he shall forfeit his goods and chattels, notwithstanding there be
+no such judgment given by the judge, nor appointed by any statute; but
+the law itself authoriseth the sheriff to seize them to the use of the
+King.
+
+_P._ I see no reason (which is common-law) for it, and am sure it is
+grounded upon no statute.
+
+_L._ See Sir Edward Coke, 1 _Inst._ _s._ 709, and read.
+
+_P._ “If a man that is innocent be accused of felony, and for fear
+flieth for the same; albeit that he be judicially acquitted of the
+felony, yet if it be found that he fled for the same, he shall,
+notwithstanding his innocence, forfeit all his goods and chattels, debts
+and duties.” O unchristian and abominable doctrine! which also he in his
+own words following contradicteth: “for,” saith he, “as to the
+forfeiture of them, the law will admit no proof against the presumption
+of the law grounded upon his flight, and so it is in many other cases:
+but that the general rule is, _Quod stabitur præsumptioni, donec
+probetur in contrarium_; but you see it hath many exceptions.” This
+general rule contradicts what he said before; for there can be no
+exceptions to a general rule in law, that is not expressly made an
+exception by some statute, and to a general rule of equity there can be
+no exception at all.
+
+[Sidenote: Of pardoning.]
+
+From the power of punishing, let us proceed to the power of pardoning.
+
+_L._ Touching the power of pardoning, Sir Edward Coke says, (3 _Inst._
+_p._ 236), that no man shall obtain charter of pardon out of Parliament;
+and cites for it the statute of 2 _Edw. III_, _c._ 2; and says further,
+that accordingly in a Parliament roll it is said, that for the peace of
+the land it would help that no pardon were granted but by Parliament.
+
+_P._ What lawful power would he have left to the King, that thus
+disableth him to practise mercy? In the statute which he citeth, to
+prove that the King ought not to grant charters of pardon but in
+Parliament, there are no such words, as any man may see; for that
+statute is in print; and that which he says is in the Parliament roll,
+is but a wish of he tells not whom, and not a law; and it is strange
+that a private wish should be enrolled among acts of Parliament. If a
+man do you an injury, to whom, think you, belongeth the right of
+pardoning it?
+
+_L._ Doubtless to me alone, if to me alone be done that injury; and to
+the King alone, if to him alone be done the injury; and to both
+together, if the injury be done to both.
+
+_P._ What part then has any man in the granting of a pardon, but the
+King and the party wronged. If you offend no member of either House, why
+should you ask their pardon? It is possible that a man may deserve a
+pardon; or he may be such a one sometimes as the defence of the kingdom
+hath need of. May not the King pardon him, though there be no Parliament
+then sitting? Sir Edward Coke’s law is too general in this point; and I
+believe, if he had thought on it, he would have excepted some persons,
+if not all the King’s children and his heir-apparent; and yet they are
+all his subjects, and subject to the law as other men.
+
+_L._ But if the King shall grant pardons of murder and felony of his own
+head, there would be very little safety for any man, either out of his
+house or in it, either by night or by day. And for that very cause there
+have been many good statutes provided, which forbid the justices to
+allow of such pardons as do not specially name the crime.
+
+_P._ Those statutes, I confess, are reasonable, and very profitable,
+which forbid the judge to pardon murders. But what statute is there that
+forbids the King to do it? There is a statute of 13 _Rich. II_, _c._ 1,
+wherein the King promiseth not to pardon murder; but there is in it a
+clause for the saving of the King’s regality. From which may be inferred
+that the King did not grant away that power, when he thought good to use
+it for the commonwealth. Such statutes are not laws to the King, but to
+his judges, and though the judges be commanded by the King not to allow
+pardons in many cases, yet if the King by writing command the judges to
+allow them, they ought to do it. I think, if the King think in his
+conscience it be for the good of the commonwealth, he sinneth not in it:
+but I hold not that the King may pardon him without sin, if any other
+man be damnified by the crime committed, unless he cause reparation to
+be made as far as the party offending can do it. And howsoever, be it
+sin or not sin, there is no power in England that may resist him or
+speak evil of him lawfully.
+
+_L._ Sir Edward Coke denies not that; and upon that ground it is that
+the King, he says, may pardon high-treason; for there can be no
+high-treason but against the King.
+
+_P._ That is well; therefore he confesseth, that whatsoever the offence
+be, the King may pardon so much of it as is an injury to himself, and
+that by his own right, without breach of any law positive or natural, or
+of any grant, if his conscience tell him that it be not to the damage of
+the commonwealth; and you know that to judge of what is good or evil to
+the commonwealth, belongeth to the King only. Now tell me, what it is
+which is said to be pardoned?
+
+_L._ What can it be, but only the offence? If a man hath done a murder,
+and be pardoned for the same, is it not the murder that is pardoned?
+
+_P._ Nay, by your favour, if a man be pardoned for murder or any other
+offence, it is the man that is pardoned; the murder still remains
+murder. But what is pardon?
+
+_L._ Pardon, as Sir Edward Coke says, (3 _Inst._ _p._ 233), is derived
+of _per_ and _dono_, and signifies thoroughly to remit.
+
+_P._ If the King remit the murder, and pardon not the man that did it,
+what does the remission serve for?
+
+_L._ You know well enough that when we say a murder, or any thing else,
+is pardoned, all Englishmen understand thereby, that the punishment due
+to the offence is the thing remitted.
+
+_P._ But for our understanding of one another, you ought to have said so
+at first. I understand now, that to pardon murder or felony is
+thoroughly to save the offender from all the punishment due unto him by
+the law for his offence.
+
+_L._ Not so; for Sir Edward Coke in the same chapter, p. 238, saith
+thus: “a man commits felony, and is attainted thereof, or is abjured;
+the King pardoneth the felony without any mention of the attainder or
+abjuration: the pardon is void.”
+
+_P._ What is it to be attainted?
+
+_L._ To be attainted is, that his blood be held in law as stained and
+corrupted; so that no inheritance can descend from him to his children,
+or to any that make claim by him.
+
+_P._ Is this attaint a part of the crime or of the punishment?
+
+_L._ It cannot be a part of the crime, because it is none of his own
+act; it is therefore a part of the punishment, viz. a disherison of the
+offender.
+
+_P._ If it be a part of the punishment due, and yet not pardoned
+together with the rest, then a pardon is not a thorough remitting of the
+punishment, as Sir Edward Coke says it is. And what is abjuration?
+
+_L._ When a clerk heretofore was convicted of felony, he might have
+saved his life by abjuring the realm; that is, by departing the realm
+within a certain time appointed, and taking an oath never to return. But
+at this day all statutes for abjuration are repealed.
+
+_P._ That also is a punishment, and by a pardon of the felony pardoned,
+unless a statute be in force to the contrary. There is also somewhat in
+the statute of 13 _Rich. II_, _c._ 1, concerning the allowance of
+charters of pardons, which I understand not well. The words are these:
+“No charter of pardon for henceforth shall be allowed before our
+justices for murder, or for the death of a man by await, or malice
+prepensed, treason, or rape of a woman, unless the same be specified in
+the same charter.” For I think it follows thence, that if the King say
+in his charter that he pardoneth the murder, then he breaketh not the
+statute, because he specifies the offence: or if he saith he pardoneth
+the killing by await or of malice prepensed, he breaketh not the
+statute, he specifies the offence. Also if he say so much as that the
+judge cannot doubt of the King’s meaning to pardon him, I think the
+judge ought to allow it, because the statute saveth the King’s liberty
+and regality in that point; that is to say, the power to pardon him,
+such as are these words, “notwithstanding any statute to the contrary,”
+are sufficient to cause the charter to be allowed; for these words make
+it manifest that the charter was not granted upon surprise, but to
+maintain and claim the King’s liberty and power to show mercy when he
+seeth cause. The like meaning have these words, _perdonavimus omnimodam
+interfectionem_; that is to say, we have pardoned the killing, in what
+manner soever it was done. But here we must remember that the King
+cannot pardon, without sin, any damage thereby done to another man,
+unless he causes satisfaction to be made as far as the offender possibly
+can; but he is not bound to satisfy men’s thirst of revenge; for all
+revenge ought to proceed from God, and under God from the King. Now,
+besides in charters, how are these offences specified?
+
+_L._ They are specified by their names, as treason, petite treason,
+murder, rape, felony, and the like.
+
+_P._ Petite treason is felony, murder is felony; so is rape, robbery,
+and theft; and, as Sir Edward Coke says, petite larceny is felony. Now
+if in a Parliament-pardon, or in a Coronation-pardon, all felonies be
+pardoned, whether is petite larceny pardoned, or not?
+
+_L._ Yes, certainly, it is pardoned.
+
+_P._ And yet you see it is not specified; and yet it is a crime that
+hath less in it of the nature of felony, than there is in robbery. Do
+not therefore rape, robbery, theft, pass under the pardon of all
+felonies?
+
+_L._ I think they are all pardoned by the words of the statute, but
+those that are by the same statute excepted; so that specification is
+needful only in charters of pardon, but in general pardons not so. For
+the statute 13 _Rich. II_, _c._ 1, forbids not the allowance of
+Parliament-pardons, or Coronation-pardons; and therefore the offences
+pardoned need not be specified, but may pass under the general word of
+_all felonies_. Nor is it likely that the members of the Parliament, who
+drew up their own pardons, did not mean to make them as comprehensive as
+they could. And yet Sir Edward Coke (1 _Inst._ _sec._ 745), at the word
+_felony_, seemeth to be of another mind. For piracy is one species of
+felony; and yet when certain Englishmen had committed piracy in the last
+year of Queen Elizabeth, and came home into England in the beginning of
+the reign of King James, trusting to his coronation-pardon of all
+felonies, they were indicted (Sir Edward Coke was then Attorney-general)
+of the piracy before commissioners, according to the statute of 28 _Hen.
+VIII_, and being found guilty were hanged. The reason he allegeth for it
+is, that it ought to have been specified by the name of _piracy_ in the
+pardon, and therefore the pardon was not to be allowed.
+
+_P._ Why ought it to have been specified more than any other felony? He
+should therefore have drawn his argument from the law of reason.
+
+_L._ Also he does that; for the trial, he says, was by the common-law,
+and before commissioners, not in the Court of the Lord Admiral, by the
+civil law; therefore, he says, it was an offence whereof the common-law
+could not take any notice, because it could not be tried by twelve men.
+
+_P._ If the common-law could not, or ought not, to take notice of such
+offences, how could the offenders be tried by twelve men, and found
+guilty, and hanged as they were? If the common-law take no notice of
+piracy, what other offence was it for which they were hanged? Is piracy
+two felonies, for one of which a man shall be hanged by the civil-law,
+and for the other by the common-law? Truly I never read weaker reasoning
+in any author of the law of England, than in Sir Edward Coke’s
+Institutes, how well soever he could plead.
+
+_L._ Though I have heard him much reprehended by others as well as by
+you, yet there be many excellent things, both for subtilty and for
+truth, in these his Institutes.
+
+_P._ No better things than other lawyers have, that write of the law as
+of a science. His citing of Aristotle, and of Homer, and of other books
+which are commonly read by gownmen, do, in my opinion, but weaken his
+authority; for any man may do it by a servant. But seeing the whole
+scene of that time is gone and past, let us proceed to somewhat else.
+Wherein doth an _Act of Oblivion_ differ from a Parliament-pardon?
+
+_L._ This word _Act of Oblivion_ was never in our law-books before the
+12 _Car. II._ _c._ 11, and I wish it may never come again; but from
+whence it came, you may better know perhaps than I.
+
+_P._ The first and only Act of Oblivion that ever passed into a law, in
+any state that I have read of, was that _amnestia_ or _oblivion_ of all
+quarrels between any of the citizens of Athens, at any time before that
+act, without all exception of crime or person. The occasion whereof was
+this. The Lacedæmonians having totally subdued the Athenians, entered
+into the city of Athens, and ordained that the people should choose
+thirty people of their own city to have the sovereign power over them.
+These being chosen, behaved themselves so outrageously, as caused a
+sedition, in which the citizens on both sides were daily slain. There
+was then a discreet person that propounded to each of the parties this
+proposition, that every man should return to his own and forget all that
+was past; which proposition was made, by consent on both sides, into a
+public act, which for that cause was called an _oblivion_. Upon the like
+disorder happening in Rome by the murder of Julius Cæsar, the like act
+was propounded by Cicero, and indeed passed, but was within a few days
+after broken again by Marcus Antonius. In imitation of this act was made
+the act of 12 _Car. II._ _c._ 11.
+
+_L._ By this it seems, that the Act of Oblivion made by King Charles was
+no other than a Parliament-pardon, because it containeth a great number
+of exceptions, as the other Parliament-pardons do, and the act of Athens
+did not.
+
+_P._ But yet there is a difference between the late Act of Oblivion made
+here, and an ordinary Parliament-pardon. For concerning a fault pardoned
+in Parliament by a general word, a suit in law may arise about this,
+whether the offender be signified by the word or not, as whether the
+pardon of all felonies be a pardon of piracy or not. For you see by Sir
+Edward Coke’s reports, that notwithstanding a pardon of felony, a
+sea-felony, when he was Attorney-General, was not pardoned. But by the
+late Act of Oblivion, which pardoned all manner of offences committed in
+the late civil war, no question could arise concerning crimes excepted.
+First, because no man can by law accuse another man of a fact, which by
+law is to be forgotten. Secondly, because all crimes may be alleged as
+proceeding from the licentiousness of the time, and from the silence of
+the law occasioned by the civil war, and consequently (unless the
+offender’s person also were excepted, or unless the crime were committed
+before the war began) are within the pardon.
+
+_L._ Truly I think you say right. For if nothing had been pardoned but
+what was done by the occasion of the war, the raising of the war itself
+had not been pardoned.
+
+[Sidenote: Of the laws of _meum_ and _tuum_.]
+
+_P._ I have done with crimes and punishments; let us come now the laws
+of _meum_ and _tuum_.
+
+_L._ We must then examine the statutes.
+
+_P._ We must so, what they command and forbid; but not dispute of their
+justice. For the law of reason commands that every one observe the law
+which he hath assented to, and obey the person to whom he hath promised
+obedience and fidelity. Then let us consider next the commentaries of
+Sir Edward Coke upon Magna Charta and other statutes. For the
+understanding of Magna Charta it will be very necessary to run up into
+ancient times, as far as history will give us leave, and consider not
+only the customs of our ancestors the Saxons, but also the law of
+nature, the most ancient of all laws, concerning the original of
+government and acquisition of property, and concerning courts of
+judicature. And first, it is evident that dominion, government, and
+laws, are far more ancient than history or any other writing, and that
+the beginning of all dominion amongst men was in families. In which,
+first, the father of the family by the law of nature was absolute lord
+of his wife and children: secondly, made what laws amongst them he
+pleased: thirdly, was judge of all their controversies: fourthly, was
+not obliged by any law of man to follow any counsel but his own:
+fifthly, what land soever the lord sat down upon and made use of for his
+own and his family’s benefit, was his propriety by the law of first
+possession, in case it was void of inhabitants before, or by the law of
+war, in case they conquered it. In this conquest what enemies they took
+and saved, were their servants. Also such men as wanting possessions of
+lands, but furnished with arts necessary for man’s life, came to dwell
+in the family for protection, became their subjects, and submitted
+themselves to the laws of the family. And all this is consonant, not
+only to the law of nature, but also to the practice of mankind set forth
+in history, sacred and profane.
+
+_L._ Do you think it lawful for a lord, that is the sovereign ruler of
+his family, to make war upon another like sovereign lord, and dispossess
+him of his lands?
+
+_P._ It is lawful or not lawful, according to the intention of him that
+does it. For, first, being a sovereign ruler, he is not subject to any
+law of man; and as to the law of God, where the intention is
+justifiable, the action is so also. The intention may be lawful in
+divers cases by the right of nature; one of those cases is, when he is
+constrained to it by the necessity of subsisting. So the children of
+Israel, besides that their leaders, Moses and Joshua, had an immediate
+command from God to dispossess the Canaanites, had also a just pretence
+to do what they did, from the right of nature which they had to preserve
+their lives, being unable otherwise to subsist. And as their
+preservation, so also is their security a just pretence of invading
+those whom they have just cause to fear, unless sufficient caution be
+given to take away their fear: which caution, for anything I can yet
+conceive, is utterly impossible. Necessity and security are the
+principal justifications before God, of beginning war. Injuries received
+justify a war defensive; but for reparable injuries, if reparation be
+tendered, all invasion upon that title is iniquity. If you need
+examples, either from Scripture or other history, concerning this right
+of nature in making war, you are able enough of your own reading to find
+them out at your leisure.
+
+_L._ Whereas you say, that the lands so won by the sovereign lord of a
+family, are his in propriety, you deny, methinks, all property to the
+subjects, how much soever any of them have contributed to the victory.
+
+_P._ I do so; nor do I see any reason to the contrary. For the subjects,
+when they come into the family, have no title at all to demand any part
+of the land, or anything else but security: to which also they are bound
+to contribute their whole strength, and, if need be, their whole
+fortunes. For it cannot be supposed that any one man can protect all the
+rest with his own single strength; and for the practice, it is manifest,
+in all conquests the land of the vanquished is in the sole power of the
+victor, and at his disposal. Did not Joshua and the High-priest divide
+the land of Canaan in such sort among the tribes of Israel as they
+pleased? Did not the Roman and Grecian princes and states, according to
+their own discretion, send out the colonies to inhabit such provinces as
+they had conquered? Is there at this day among the Turks, any inheritor
+of land besides the Sultan? And was not all the land in England once in
+the hands of William the Conqueror? Sir Edward Coke himself confesses
+it. Therefore it is an universal truth, that all conquered lands,
+presently after victory, are the lands of him that conquered them.
+
+_L._ But you know that all sovereigns are said to have a double
+capacity, viz. a natural capacity, as he is a man; and a politic
+capacity, as a king. In his politic capacity, I grant you, that King
+William the Conqueror was the proper and only owner once of all the land
+in England; but not in his natural capacity.
+
+_P._ If he had them in his politic capacity, then they were so his own,
+as not to dispose of any part thereof but only to the benefit of his
+people; and that must be either by his own, or by the people’s
+discretion, that is, by Act of Parliament. But where do you find that
+the Conqueror disposed of his lands (as he did some to Englishmen, some
+to Frenchmen, and some to Normans, to be holden by divers tenures, as
+knight-service, soccage, &c.) by Act of Parliament? Or that he ever
+called a Parliament, to have the assent of the Lords and Commons of
+England in disposing of those lands he had taken from them? Or for
+retaining of such and such lands in his own hands, by the name of
+forrests, for his own recreation or magnificence? You have heard perhaps
+that some lawyers, or other men reputed wise and good patriots, have
+given out that all the lands which the Kings of England have possessed,
+have been given them by the people, to the end that they should
+therewith defray the charges of their wars, and pay the wages of their
+ministers; and that those lands were gained by the people’s money. For
+that was pretended in the late civil war, when they took from the King
+his town of Kingston-upon-Hull. But I know you do not think that the
+pretence was just. It cannot therefore be denied but that the lands,
+which King William the Conqueror gave away to Englishmen and others, and
+which they now hold by his letters-patent and other conveyances, were
+properly and really his own, or else the titles of them that now hold
+them, must be invalid.
+
+_L._ I assent. As you have showed me the beginning of monarchies, so let
+me hear your opinion concerning their growth.
+
+_P._ Great monarchies have proceeded from small families. First, by war,
+wherein the victor not only enlarged his territory, but also the number
+and riches of his subjects. As for the other forms of commonwealths,
+they have been enlarged other ways. First, by a voluntary conjunction of
+many lords of families into one great aristocracy. Secondly, from
+rebellion proceeded first anarchy, and from anarchy proceeded any form
+that the calamities of them that lived therein did prompt them to;
+whether it were, that they chose an hereditary King, or an elective King
+for life; or that they agreed upon a council of certain persons, which
+is _aristocracy_; or a council of the whole people to have the sovereign
+power, which is _democracy_. After the first manner, which is by war,
+grew up all the greatest kingdoms in the world, viz. the Egyptian,
+Assyrian, Persian, and the Macedonian monarchy; and so did the great
+kingdoms of England, France, and Spain. The second manner, was the
+original of the Venetian Aristocracy. By the the third way, which is
+rebellion, grew up divers great monarchies, perpetually changing from
+one form to another: as in Rome, rebellion against Kings produced
+democracy, upon which the senate usurped under Sylla, and the people
+again upon the senate under Marius, and the Emperor usurped upon the
+people under Cæsar and his successors.
+
+_L._ Do you think the distinction between natural and politic capacity
+is insignificant?
+
+_P._ No. If the sovereign power be in an assembly of men, that assembly,
+whether it be _aristocratical_ or _democratical_, may possess lands; but
+it is in their politic capacity: because no natural man has any right to
+those lands, or any part of them. In the same manner, they can command
+an act by plurality of commands; but the command of any one of them is
+of no effect. But when the sovereign power is in one man, the natural
+and politic capacity are in the same person, and as to possession of
+lands, undistinguishable. But as to the acts and commands, they may be
+well distinguished in this manner. Whatsoever a monarch does command or
+do, by consent of the people of his kingdom, may properly be said to be
+done in his politic capacity; and whatsoever he commands by word of
+mouth only, or by letters signed with his hand, or sealed with any of
+his private seals, is done in his natural capacity. Nevertheless, his
+public commands, though they be made in his politic capacity, have their
+original from his natural capacity. For in the making of laws, which
+necessarily requires his assent, his assent is natural. Also those acts
+which are done by the King previously to the passing of them under the
+Great Seal of England, either by word of mouth, or warrant under his
+signet or private seal, are done in his natural capacity; but when they
+have passed the Seal of England, they are to be taken as done in his
+politic capacity.
+
+_L._ I think verily your distinction is good. For natural capacity and
+politic capacity signify no more than private and public right.
+Therefore, leaving this argument, let us consider in the next place, as
+far as history will permit, what were the laws and customs of our
+ancestors.
+
+_P._ The Saxons, as also all the rest of Germany not conquered by the
+Roman Emperors nor compelled to use the imperial laws, were a savage and
+heathen people, living only by war and rapine, and as some men learned
+in the Roman antiquities affirm, had their name of Germans from that
+their ancient trade of life, as if _Germans_ and _hommes de guerre_ were
+all one. Their rule over their family, servants, and subjects, was
+absolute; their laws, no other than natural equity; written law they had
+little or none; and very few there were in the time of the Caesars that
+could write or read. The right to the government was either paternal, or
+by conquest, or by marriages. Their succession to lands was determined
+by the pleasure of the master of the family, by gift or deed in his
+lifetime; and what land they disposed not of in their lifetime,
+descended after their death to their heirs. The heir was the eldest son.
+The issue of the eldest son failing, they descended to the younger sons
+in their order; and, for want of sons, to the daughters jointly as to
+one heir, or to be divided amongst them, and so to descend to their
+heirs in the same manner. And children failing, the uncle by the
+father’s or mother’s side, according as the lands had been the father’s
+or the mother’s, succeeded to the inheritance, and so continually to the
+next of blood. And this was a natural descent, because naturally the
+nearer in blood the nearer in kindness, and was held for the law of
+nature, not only amongst the Germans, but also in most nations before
+they had a written law. The right of government, which is called _jus
+regni_, descended in the same manner, except only that after the sons it
+came to the eldest daughter first, and her heirs; the reason whereof
+was, that government is indivisible. And this law continues still in
+England.
+
+_L._ Seeing all the land, which any sovereign lord possessed, was his
+own in propriety, how came a subject to have a propriety in their lands?
+
+_P._ There be two sorts of propriety. One is, when a man holds his land
+from the gift of God only, which lands civilians call _allodial_; which
+in a kingdom, no man can have but the King. The other is, when a man
+holds his land from another man, as given him in respect of service and
+obedience to that man, as a fee. The first kind of propriety is
+absolute; the other is in a manner conditional, because given for some
+service to be done unto the giver. The first kind of propriety excludes
+the right of all others; the second excludes the right of all other
+subjects to the same land, but not the right of the sovereign, when the
+common good of the people shall require the use thereof.
+
+_L._ When those kings had thus parted with their lands, what was left
+them for the maintenance of their wars, either offensive or defensive;
+or for the maintenance of the royal family in such manner as not only
+becomes the dignity of a sovereign king, but is also necessary to keep
+his person and people from contempt?
+
+_P._ They have means enough; and besides what they gave their subjects,
+had much land remaining in their own hands, afforrested for their
+recreation. For you know very well that a great part of the land of
+England was given for military service to the great men of the realm,
+who were for the most part of the King’s kindred or great favourites;
+much more land than they had need of for their own maintenance; but so
+charged with one or many soldiers, according to the quantity of land
+given, as there could be no want of soldiers at all times ready to
+resist an invading enemy: which soldiers those lords were bound to
+furnish, for a time certain, at their own charges. You know also, that
+the whole land was divided into hundreds, and those again into
+decennaries; in which decennaries all men, even to children of twelve
+years of age, were bound to take the oath of allegiance. And you are to
+believe, that those men that hold their land by the service of
+husbandry, were all bound with their bodies and fortunes to defend the
+kingdom against invaders, by the law of nature. And so also such as they
+called villains, and as held their land by baser drudgery, were obliged
+to defend the kingdom to the utmost of their power. Nay, women and
+children, in such a necessity, are bound to do such service as they can,
+that is to say, to bring weapons and victuals to them that fight, and to
+dig. But those that hold their land by service military, have lying upon
+them a greater obligation. For read and observe the form of doing
+homage, according as it is set down in the statute of 17 _Edw. II_,
+which you doubt not was in use before that time, and before the
+Conquest.
+
+_L._ _I become your man for life, for member, and for worldly honour,
+and shall owe you my faith for the lands that I hold of you._
+
+_P._ I pray you expound it.
+
+_L._ I think it is as much as if you should say, I promise you to be at
+your command, to perform with the hazard of my life, limbs, and all my
+fortune, as I have charged myself in the reception of the lands you have
+given me, and to be ever faithful to you. This is the form of homage
+done to the King immediately. But when one subject holdeth land of
+another by the like military service, then there is an exception added,
+viz. _saving the faith I owe to the King_.
+
+_P._ Did he not also take an oath?
+
+_L._ Yes, which is called the oath of fealty: _I shall be to you both
+faithful, and lawfully shall do such customs and services, as my duty is
+to you at the terms assigned, so help me God and all his Saints_. But
+both these services, and the services of husbandry, were quickly after
+turned into rents, payable either in money, as in England, or in corn or
+other victuals, as in Scotland and France. When the service was
+military, the tenant was for the most part bound to serve the King in
+his wars, with one or more persons, according to the yearly value of the
+land he held.
+
+_P._ Were they bound to find horsemen, or footmen?
+
+_L._ I do not find any law that requires any man, in respect of his
+tenancy, to serve on horseback.
+
+_P._ Was the tenant bound, in case he were called, to serve in person?
+
+_L._ I think he was so in the beginning. For when lands were given for
+service military, and the tenant dying left his son and heir, the lord
+had the custody both of body and lands till the heir was twenty-one
+years old. And the reason thereof was, that the heir, till that age of
+twenty-one years, was presumed to be unable to serve the King in his
+wars; which reason had been insufficient, if the heir had not been bound
+to go to the wars in person. Which, methinks, should ever hold for law,
+unless by some other law it come to be altered. These services, together
+with other rights, as wardships, first possession of his tenants'
+inheritance, licenses for alienation, felons' goods, felons' lands (if
+they were holden of the King), and the first year’s profit of the lands,
+of whomsoever they were holden, forfeitures, amercements, and many other
+aids, could not but amount to a very great yearly revenue. Add to this
+all that which the King might reasonably have imposed upon artificers
+and tradesmen; for all men, whom the King protecteth, ought to
+contribute towards their own protection; and consider then whether the
+Kings of those times had not means enough, and to spare (if God were not
+their enemy), to defend their people against foreign enemies, and also
+to compel them to keep the peace amongst themselves.
+
+_P._ And so had had the succeeding Kings, if they had never given their
+rights away, and their subjects always kept their oaths and promises. In
+what manner proceeded those ancient Saxons, and other nations of
+Germany, especially the northern parts, to the making of their laws?
+
+_L._ Sir Edward Coke, out of divers Saxon laws, gathered and published
+in Saxon and Latin by Mr. Lambard, inferreth that the Saxon Kings, for
+the making of their laws, called together the Lords and Commons, in such
+manner as is used at this day in England. But by those laws of the
+Saxons published by Mr. Lambard, it appeareth, that the Kings called
+together the bishops, and a great part of the wisest and discreetest men
+of the realm, and made laws by their advice.
+
+_P._ I think so. For there is no King in the world, being of ripe years
+and sound mind, that made any law otherwise. For it concerns them in
+their own interest to make such laws as the people can endure, and may
+keep them without impatience, and live in strength and courage to defend
+their King and country, against their potent neighbours. But how was it
+discerned, and by whom was it determined, who were those wisest and
+discreetest men? It is a hard matter to know who is wisest in our times.
+We know well enough who chooseth a knight of the shire, and what towns
+are to send burgesses to the Parliament. Therefore if it were determined
+also in those days, who those wise men should be, then I confess that
+the Parliaments of the old Saxons, and the Parliaments of England since,
+are the same thing, and Sir Edward Coke is in the right. Tell me
+therefore, if you can, when those towns, which now send burgesses to the
+Parliament, began to do so, and upon what cause one town had this
+privilege, and another town, though much more populous, had not.
+
+_L._ At what time began this custom I cannot tell; but I am sure it is
+more ancient than the city of Salisbury. Because there come two
+burgesses to Parliament for a place near to it, called Old Sarum, which,
+as I rid in sight of it, if I should tell a stranger that knew not what
+the word burgess meant, he would think it were a couple of rabbits; the
+place looketh so like a long cony-borough. And yet a good argument may
+be drawn from thence, that the townsmen of every town were the electors
+of their own burgesses, and judges of their discretion; and that the
+law, whether they be discreet or not, will suppose them to be discreet,
+till the contrary be apparent. Therefore where it is said, that the King
+called together the more discreet men of his realm; it must be
+understood of such elections as are now in use. By which it is manifest,
+that those great and general moots assembled by the old Saxon Kings,
+were of the same nature with the Parliaments assembled since the
+Conquest.
+
+_P._ I think your reason is good. For I cannot conceive, how the King,
+or any other but the inhabitants of the boroughs themselves, can take
+notice of the discretion or sufficiency of those they were to send to
+the Parliament. And for the antiquity of the burgess-towns, since it is
+not mentioned in any history or certain record now extant, it is free
+for any man to propound his conjecture. You know that this land was
+invaded by the Saxons at several times, and conquered by pieces in
+several wars; so that there were in England many Kings at once, and
+every of them had his Parliament. And therefore according as there were
+more, or fewer walled towns within each King’s dominion, his Parliament
+had the more or fewer burgesses. But when all these lesser kingdoms were
+joined into one, then to that one Parliament came burgesses from all the
+boroughs of England. And this perhaps may be the reason, why there be so
+many more such boroughs in the west, than in any other part of the
+kingdom; the west being more populous, and also more obnoxious to
+invaders, and for that cause having greater store of towns fortified.
+This I think may be the original of that privilege which some towns
+have, to send burgesses to the Parliament, and others have not.
+
+_L._ The conjecture is not improbable, and for want of greater
+certainty, may be allowed. But seeing it is commonly received, that for
+the making of a law, there ought to be had the assent of the Lords
+spiritual and temporal; whom do you account in the Parliaments of the
+old Saxons for Lords temporal, and whom for Lords spiritual? For the
+book called _The mode of holding Parliaments_, agreeth punctually with
+the manner of holding them at this day, and was written, as Sir Edward
+Coke says, in the time of the Saxons, and before the Conquest.
+
+_P._ Mr. Selden, a greater antiquary than Sir Edward Coke, in the last
+edition of his book of _Titles of Honour_, says, that that book called
+_The mode of holding Parliaments_, was not written till about the time
+of Richard II, and seems to me to prove it. But howsoever that be, it is
+apparent by the Saxon laws set forth by Mr. Lambard, that there were
+always called to the Parliament certain great persons called Aldermen,
+_alias_ Earls. And so you have a House of Lords, and a House of Commons.
+Also you will find in the same place, that after the Saxons had received
+the faith of Christ, those bishops that were amongst them, were always
+at the great moots in which they made their laws. Thus you have a
+perfect English Parliament, saving that the name of Barons was not
+amongst them, as being a French title, which came in with the Conqueror.
+
+
+
+
+                               BEHEMOTH:
+
+                       THE HISTORY OF THE CAUSES
+
+                                   OF
+
+                       THE CIVIL WARS OF ENGLAND,
+
+               AND OF THE COUNSELS AND ARTIFICES BY WHICH
+
+                     THEY WERE CARRIED ON FROM THE
+
+                      YEAR 1640 TO THE YEAR 1660.
+
+                                  ---
+
+             “Bella per Angliacos plusquam civilia campos,
+                   Jusque datum sceleri loquimur.——”
+
+
+
+
+                     THE BOOKSELLER TO THE READER.
+
+
+My duty, as well to the public as to the memory of Mr. Hobbes, has
+obliged me to procure with my utmost diligence, that these tracts should
+come forth with the most correct exactness.[A]
+
+I am compelled by the force of truth to declare, how much both the world
+and the memory of Mr. Hobbes have been abused by the several spurious
+editions of the _History of the Civil Wars_; wherein, by various and
+unskilful transcriptions, are committed above a thousand faults, and in
+above a hundred places whole lines left out, as I can make appear.
+
+I must confess Mr. Hobbes, upon some considerations, was averse to the
+publishing thereof; but since it is impossible to suppress it, no book
+being more commonly sold by all booksellers, I hope I need not fear the
+offence of any man by doing right to the world and this work, which I
+now publish from the original manuscript, done by his own amanuensis,
+and given me by himself above twelve years since.
+
+To this I have joined the treatise against Archbishop Bramhall, to
+prevent the like prejudice, which must certainly have fallen on it,
+there being so many false copies abroad, if not thus prevented; as also
+the Discourse of Heresy from a more correct copy; and have likewise
+annexed his Physical Problems, as they were translated by himself and
+presented to his Majesty, with the epistle prefixed, in the year 1662,
+at the same time they came forth in Latin.
+
+These things premised, there remains nothing but to wish for myself good
+sale, to the buyer much pleasure and satisfaction.
+
+                                           Your humble servant,
+                                                     WILLIAM CROOKE.
+
+------------------------------------------------------------------------
+Footnote A:
+
+  This preface is prefixed to the edition of 1682, in which the
+  _Behemoth_ is printed along with the _Answer to Archbishop Bramhall_,
+  the _Discourse of Heresy_, and the _Physical Problems_.
+
+
+
+
+                               BEHEMOTH,
+
+                           OR THE EPITOME OF
+
+                       THE CIVIL WARS OF ENGLAND.
+
+
+                               ==========
+
+
+_A._ If in time, as in place, there were degrees of high and low, I
+verily believe that the highest of time would be that which passed
+between 1640 and 1660. For he that thence, as from the Devil’s Mountain,
+should have looked upon the world and observed the actions of men,
+especially in England, might have had a prospect of all kinds of
+injustice, and of all kinds of folly, that the world could afford, and
+how they were produced by their hypocrisy and self-conceit, whereof the
+one is double iniquity, and the other double folly.
+
+_B._ I should be glad to behold that prospect. You that have lived in
+that time and in that part of your age, wherein men used to see best
+into good and evil, I pray you set me, that could not see so well, upon
+the same mountain, by the relation of the actions you then saw, and of
+their causes, pretensions, justice, order, artifice, and event.
+
+_A._ In the year 1640, the government of England was monarchical; and
+the King that reigned, Charles, the first of that name, holding the
+sovereignty, by right of a descent continued above six hundred years,
+and from a much longer descent King of Scotland, and from the time of
+his ancestor Henry II, King of Ireland; a man that wanted no virtue,
+either of body or mind, nor endeavoured anything more than to discharge
+his duty towards God, in the well governing of his subjects.
+
+_B._ How could he then miscarry, having in every county so many trained
+soldiers, as would, put together, have made an army of 60,000 men, and
+divers magazines of ammunition in places fortified?
+
+_A._ If those soldiers had been, as they and all other of his subjects
+ought to have been, at his Majesty’s command, the peace and happiness of
+the three kingdoms had continued as it was left by King James. But the
+people were corrupted generally, and disobedient persons esteemed the
+best patriots.
+
+_B._ But sure there were men enough, besides those that were
+ill-affected, to have made an army sufficient to have kept the people
+from uniting into a body able to oppose him.
+
+_A._ Truly, I think, if the King had had money, he might have had
+soldiers enough in England. For there were very few of the common people
+that cared much for either of the causes, but would have taken any side
+for pay or plunder. But the King’s treasury was very low, and his
+enemies, that pretended the people’s ease from taxes, and other specious
+things, had the command of the purses of the city of London, and of most
+cities and corporate towns in England, and of many particular persons
+besides.
+
+_B._ But how came the people to be so corrupted? And what kind of people
+were they that did so seduce them?
+
+_A._ The seducers were of divers sorts. One sort were ministers;
+ministers, as they called themselves, of Christ; and sometimes, in their
+sermons to the people, God’s ambassadors; pretending to have a right
+from God to govern every one his parish, and their assembly the whole
+nation.
+
+Secondly, there were a very great number, though not comparable to the
+other, which notwithstanding that the Pope’s power in England, both
+temporal and ecclesiastical, had been by Act of Parliament abolished,
+did still retain a belief that we ought to be governed by the Pope, whom
+they pretended to be the vicar of Christ, and, in the right of Christ,
+to be the governor of all Christian people. And these were known by the
+name of Papists; as the ministers I mentioned before, were commonly
+called Presbyterians.
+
+Thirdly, there were not a few, who in the beginning of the troubles were
+not discovered, but shortly after declared themselves for a liberty in
+religion, and those of different opinions one from another. Some of
+them, because they would have all congregations free and independent
+upon one another, were called Independents. Others that held baptism to
+infants, and such as understood not into what they are baptized, to be
+ineffectual, were called therefore Anabaptists. Others that held that
+Christ’s kingdom was at this time to begin upon the earth, were called
+Fifth-monarchy-men; besides divers other sects, as Quakers, Adamites,
+&c., whose names and peculiar doctrines I do not well remember. And
+these were the enemies which arose against his Majesty from the private
+interpretation of the Scripture, exposed to every man’s scanning in his
+mother-tongue.
+
+Fourthly, there were an exceeding great number of men of the better
+sort, that had been so educated, as that in their youth having read the
+books written by famous men of the ancient Grecian and Roman
+commonwealths concerning their polity and great actions; in which books
+the popular government was extolled by that glorious name of liberty,
+and monarchy disgraced by the name of tyranny; they became thereby in
+love with their forms of government. And out of these men were chosen
+the greatest part of the House of Commons, or if they were not the
+greatest part, yet by advantage of their eloquence, were always able to
+sway the rest.
+
+Fifthly, the city of London and other great towns of trade, having in
+admiration the prosperity of the Low Countries after they had revolted
+from their monarch, the King of Spain, were inclined to think that the
+like change of government here, would to them produce the like
+prosperity.
+
+Sixthly, there were a very great number that had either wasted their
+fortunes, or thought them too mean for the good parts they thought were
+in themselves; and more there were, that had able bodies, but saw no
+means how honestly to get their bread. These longed for a war, and hoped
+to maintain themselves hereafter by the lucky choosing of a party to
+side with, and consequently did for the most part serve under them that
+had greatest plenty of money.
+
+Lastly, the people in general were so ignorant of their duty, as that
+not one perhaps of ten thousand knew what right any man had to command
+him, or what necessity there was of King or Commonwealth, for which he
+was to part with his money against his will; but thought himself to be
+so much master of whatsoever he possessed, that it could not be taken
+from him upon any pretence of common safety without his own consent.
+King, they thought, was but a title of the highest honour, which
+gentleman, knight, baron, earl, duke, were but steps to ascend to, with
+the help of riches; they had no rule of equity, but precedents and
+custom; and he was thought wisest and fittest to be chosen for a
+Parliament, that was most averse to the granting of subsidies or other
+public payments.
+
+_B._ In such a constitution of people, methinks, the King is already
+ousted of his government, so as they need not have taken arms for it.
+For I cannot imagine how the King should come by any means to resist
+them.
+
+_A._ There was indeed very great difficulty in the business. But of that
+point you will be better informed in the pursuit of this narration.
+
+_B._ But I desire to know first, the several grounds of the pretences,
+both of the Pope and of the Presbyterians, by which they claim a right
+to govern us, as they do, in chief: and after that, from whence and when
+crept in the pretences of that Long Parliament, for a democracy.
+
+_A._ As for the Papists, they challenge this right from a text in
+_Deut._ xvii. 12, and other like texts, according to the old Latin
+translation in these words: _And he that out of pride shall refuse to
+obey the commandment of that priest, which shall at that time minister
+before the Lord thy God, that man shall by the sentence of the judge be
+put to death_. And because, as the Jews were the people of God then, so
+is all Christendom the people of God now, they infer from thence, that
+the Pope, whom they pretend to be the high-priest of all Christian
+people, ought also to be obeyed in all his decrees by all Christians,
+upon pain of death. Again, whereas in the New Testament (Matth. xxviii.
+18-20) Christ saith: _All power is given unto me in heaven and in earth;
+go therefore and teach all nations, and baptize them in the name of the
+Father, and of the Son, and of the Holy Ghost, and teach them to observe
+all these things which I have commanded you_: from thence they infer,
+that the command of the apostles was to be obeyed, and by consequence
+the nations were bound to be governed by them, and especially by the
+prince of the apostles, St. Peter, and by his successors the Popes of
+Rome.
+
+_B._ For the text in the Old Testament, I do not see how the commandment
+of God to the Jews, to obey their priests, can be interpreted to have
+the like force in the case of other nations Christian, more than upon
+nations unchristian (for all the world are God’s people); unless we also
+grant, that a king cannot of an infidel be made Christian, without
+making himself subject to the laws of that apostle, or priest, or
+minister, that shall convert him. The Jews were a peculiar people of
+God, a sacerdotal kingdom, and bound to no other law but what first
+Moses, and afterwards every high-priest, did go and receive immediately
+from the mouth of God in Mount Sinai, in the tabernacle of the ark, and
+in the _sanctum sanctorum_ of the temple. And for the text in St.
+Matthew, I know the words in the Gospel are not _go teach_, but _go and
+make disciples_; and that there is a great difference between a subject
+and a disciple, and between teaching and commanding. And if such texts
+as these must be so interpreted, why do not Christian kings lay down
+their titles of majesty and sovereignty, and call themselves the Pope’s
+lieutenants? But the doctors of the Romish Church seem to decline that
+title of absolute power, in their distinction of power spiritual and
+temporal; but this distinction I do not very well understand.
+
+_A._ By spiritual power they mean the power to determine points of
+faith, and to be judges in the inner court of conscience of moral
+duties, and a power to punish those men, that obey not their precepts,
+by ecclesiastical censure, that is, by excommunication. And this power,
+they say, the Pope hath immediately from Christ, without dependence upon
+any king or sovereign assembly, whose subjects they be that stand
+excommunicate. But for the power temporal, which consists in judging and
+punishing those actions that are done against the civil laws, they say,
+they do not pretend to it directly, but only indirectly, that is to say,
+so far forth as such actions tend to the hindrance or advancement of
+religion and good manners, which they mean when they say _in ordine ad
+spiritualia_.
+
+_B._ What power then is left to Kings and other civil sovereigns, which
+the Pope may not pretend to be his _in ordine ad spiritualia_?
+
+_A._ None, or very little. And this power not only the Pope pretends to
+in all Christendom; but some of his bishops also, in their several
+dioceses, _jure divino_, that is, immediately from Christ, without
+deriving it from the Pope.
+
+_B._ But what if a man refuse obedience to this pretended power of the
+Pope and his bishops? What harm can excommunication do him, especially
+if he be the subject of another sovereign?
+
+_A._ Very great harm. For by the Pope’s or bishop’s signification of it
+to the civil power, he shall be punished sufficiently.
+
+_B._ He were in an ill case then, that adventured to write or speak in
+defence of the civil power, that must be punished by him whose rights he
+defended, like Uzza, that was slain because he would needs, unbidden,
+put forth his hand to keep the ark from falling. But if a whole nation
+should revolt from the Pope at once, what effect could excommunication
+have upon the nation?
+
+_A._ Why, they should have no more mass said, at least by any of the
+Pope’s priests. Besides, the Pope would have no more to do with them,
+but cast them off, and so they would be in the same case as if a nation
+should be cast off by their king, and left to be governed by themselves,
+or whom they would.
+
+_B._ This would not be taken so much for a punishment to the people, as
+to the King; and therefore when a Pope excommunicates a whole nation,
+methinks he rather excommunicates himself than them. But I pray you tell
+me, what were the rights that the Pope pretended to in the kingdoms of
+other princes?
+
+_A._ First, an exemption of all priests, friars, and monks, in criminal
+causes, from the cognizance of civil judges. Secondly, collation of
+benefices on whom he pleased, native or stranger, and exaction of
+tenths, first fruits, and other payments. Thirdly, appeals to Rome in
+all causes where the Church could pretend to be concerned. Fourthly, to
+be the supreme judge concerning lawfulness of marriage, that is
+concerning the hereditary succession of Kings, and to have the
+cognizance of all causes concerning adultery and fornication.
+
+_B._ Good! A monopoly of women.
+
+_A._ Fifthly, a power of absolving subjects of their duties, and of
+their oaths of fidelity to their lawful sovereigns, when the Pope should
+think fit for the extirpation of heresy.
+
+_B._ This power of absolving subjects of their obedience, as also that
+other of being judge of manners and doctrine, is as absolute a
+sovereignty as is possible to be; and consequently there must be two
+kingdoms in one and the same nation, and no man be able to know which of
+his masters he must obey.
+
+_A._ For my part, I should rather obey that master that had the right of
+making laws and of inflicting punishments, than him that pretendeth only
+to a right of making canons, that is to say, rules, and no right of
+co-action, or otherwise punishing, but by excommunication.
+
+_B._ But the Pope pretends also that his canons are laws; and for
+punishing, can there be greater than excommunication; supposing it true,
+as the Pope saith it is, that he that dies excommunicate is damned?
+Which supposition, it seems, you believe not; else you would rather have
+chosen to obey the Pope, that would cast your body and soul into hell,
+than the King, that can only kill the body.
+
+_A._ You say true. For it were very uncharitable in me to believe that
+all Englishmen, except a few Papists, that have been born and called
+heretics ever since the Reformation of Religion in England, should be
+damned.
+
+_B._ But for those that die excommunicate in the Church of England at
+this day, do you not think them also damned?
+
+_A._ Doubtless, he that dies in sin without repentance is damned, and he
+that is excommunicate for disobedience to the King’s laws, either
+spiritual or temporal, is excommunicate for sin; and therefore, if he
+die excommunicate and without desire of reconciliation, he dies
+impenitent. You see what follows. But to die in disobedience to the
+precepts and doctrines of those men that have no authority or
+jurisdiction over us, is quite another case, and bringeth no such danger
+with it.
+
+_B._ But what is this heresy, which the Church of Rome so cruelly
+persecutes, as to depose Kings that do not, when they are bidden, turn
+all heretics out of their dominions?
+
+_A._ Heresy is a word which, when it is used without passion, signifies
+a private opinion. So the different sects of the old philosophers,
+Academians, Peripatetics, Epicureans, Stoics, &c., were called heresies.
+But in the Christian Church, there was in the signification of that
+word, comprehended a sinful opposition to him, that was chief judge of
+doctrines in order to the salvation of men’s souls; and consequently
+heresy may be said to bear the same relation to the power spiritual,
+that rebellion doth to the power temporal, and is suitable to be
+persecuted by him that will preserve a power spiritual and dominion over
+men’s consciences.
+
+_B._ It would be very well, (because we are all of us permitted to read
+the Holy Scriptures, and bound to make them the rule of our actions,
+both public and private), that heresy were by some law defined, and the
+particular opinions set forth, for which a man were to be condemned and
+punished as a heretic; for else, not only men of mean capacity, but even
+the wisest and devoutest Christian, may fall into heresy without any
+will to oppose the Church; for the Scriptures are hard, and the
+interpretations different of different men.
+
+_A._ The meaning of the word heresy, is by law declared in an Act of
+Parliament in the first year of Queen Elizabeth; wherein it is ordained,
+that the persons who had by the Queen’s letters-patent the authority
+spiritual, meaning the High Commission, shall not have authority to
+adjudge any matter or cause to be heresy, but only such as heretofore
+have been adjudged to be heresy by the authority of the canonical
+Scriptures, or by the first four general Councils, or by any other
+general Council, where the same was declared heresy by the express and
+plain words of the said canonical Scriptures, or such as hereafter shall
+be adjudged heresy by the high court of Parliament of this realm, with
+the assent of the clergy in their convocation.
+
+_B._ It seems therefore, if there arise any new error that hath not yet
+been declared heresy, (and many such may arise), it cannot be judged
+heresy without a Parliament. For how foul soever the error be, it cannot
+have been declared heresy neither in the Scriptures nor in the Councils;
+because it was never before heard of. And consequently there can be no
+error, unless it fall within the compass of blasphemy against God or
+treason against the King, for which a man can in equity be punished.
+Besides, who can tell what is declared by the Scripture, which every man
+is allowed to read and interpret to himself? Nay more, what Protestant,
+either of the laity or clergy, if every general Council can be a
+competent judge of heresy, is not already condemned? For divers Councils
+have declared a great many of our doctrines to be heresy, and that, as
+they pretend, upon the authority of the Scriptures.
+
+_A._ What are those points, that the first four general Councils have
+declared heresy?
+
+_B._ The first general Council, held at Nicæa, declared all to be heresy
+which was contrary to the Nicene Creed, upon occasion of the heresy of
+Arius, which was the denying the divinity of Christ. The second general
+Council, held at Constantinople, declared heresy the doctrine of
+Macedonius; which was that the Holy Ghost was created. The third
+Council, assembled at Ephesus, condemned the doctrine of Nestorius, that
+there were two persons in Christ. The fourth, held at Chalcedon,
+condemned the error of Eutyches, that there was but one nature in
+Christ. I know of no other points condemned in these four Councils, but
+such as concern church-government, or the same doctrines taught by other
+men in other words. And these Councils were all called by the Emperors,
+and by them their decrees confirmed at the petition of the Councils
+themselves.
+
+_A._ I see by this, that both the calling of the Council, and the
+confirmation of their doctrine and church-government, had no obligatory
+force but from the authority of the Emperor. How comes it then to pass,
+that they take upon them now a legislative power, and say their canons
+are laws? That text, _all power is given to me in heaven and earth_, had
+the same force then as it hath now, and conferred a legislative power on
+the Councils, not only over Christian men, but over all nations in the
+world.
+
+_B._ They say no; for the power they pretend to is derived from this,
+that when a king was converted from Gentilism to Christianity, he did by
+that very submission to the bishop that converted him, submit to the
+bishop’s government and became one of his sheep; which right therefore
+he could not have over any nation that was not Christian.
+
+_A._ Did Sylvester, which was Pope of Rome in the time of Constantine
+the Great, converted by him, tell the Emperor, his new disciple,
+beforehand, that if he became a Christian he must be the Pope’s subject?
+
+_B._ I believe not. For it is likely enough, if he had told him so
+plainly, or but made him suspect it, he would either have been no
+Christian at all, or but a counterfeit one.
+
+_A._ But if he did not tell him so, and that plainly, it was foul play,
+not only in a priest, but in any Christian. And for this derivation of
+their right from the Emperor’s consent, it proceeds only from this, that
+they dare not challenge a legislative power, nor call their canons laws
+in any kingdom in Christendom, further than the kings make them so. But
+in Peru, when Atabalipa was King, the friar told him, that Christ being
+King of all the world, had given the disposing of all the kingdoms
+therein to the Pope, and that the Pope had given Peru to the Roman
+Emperor Charles the Fifth, and required Atabalipa to resign it; and for
+refusing it, seized upon his person by the Spanish army there present,
+and murdered him. You see by this how much they claim, when they have
+power to make it good.
+
+_B._ When began the Popes to take this authority upon them first?
+
+_A._ After the inundation of the northern people had overflowed the
+western parts of the empire, and possessed themselves of Italy, the
+people of the city of Rome submitted themselves, as well in temporals as
+spirituals, to their bishop; and then first was the Pope a temporal
+prince, and stood no more in so great fear of the Emperors, which lived
+far off at Constantinople. In this time it was that the Pope began, by
+pretence of his power spiritual, to encroach upon the temporal rights of
+all other princes of the west; and so continued gaining upon them, till
+his power was at the highest in that three hundred years, or thereabout,
+which passed between the eighth and eleventh century, that is, between
+Pope Leo the Third and Pope Innocent the Third. For in this time Pope
+Zachary the First deposed Chilperic, then King of France, and gave the
+kingdom to one of his subjects, Pepin; and Pepin took from the Lombards
+a great part of their territory and gave it to the Church. Shortly
+after, the Lombards having recovered their estate, Charles the Great
+retook it, and gave it to the Church again; and Pope Leo the Third made
+Charles Emperor.
+
+_B._ But what right did the Pope then pretend for the creating of an
+Emperor?
+
+_A._ He pretended the right of being Christ’s vicar; and what Christ
+could give, his vicar might give; and you know that Christ was King of
+all the world.
+
+_B._ Yes, as God; and so he gives all the kingdoms of the world, which
+nevertheless proceed from the consent of people, either for fear or
+hope.
+
+_A._ But this gift of the empire was in a more special manner, in such a
+manner as Moses had the government of Israel given him; or rather as
+Joshua had it given him, to go in and out before the people as the
+high-priest should direct him. And so the empire was understood to be
+given him, on condition to be directed by the Pope. For when the Pope
+invested him with the regal ornaments, the people all cried out _Deus
+dat_, that is to say, it is God that gives it; and the Emperor was
+contented so to take it. And from that time, all or most of the
+Christian Kings do put into their titles the words _Dei gratia_, that
+is, by the gift of God; and their successors use still to receive the
+crown and sceptre from a bishop.
+
+_B._ It is certainly a very good custom, for Kings to be put in mind by
+whose gift they reign; but it cannot from that custom be inferred that
+they receive the kingdom by mediation of the Pope, or by any other
+clergy; for the Popes themselves received the Papacy from the Emperor.
+The first that ever was elected Bishop of Rome after Emperors were
+Christians, and without the Emperor’s consent, excused himself by
+letters to the Emperor with this: that the people and clergy of Rome
+forced him to take it upon him, and prayed the Emperor to confirm it,
+which the Emperor did; but with reprehension of their proceedings, and
+the prohibition of the like for the time to come. The Emperor was
+Lotharius, and the Pope Calixtus the First.
+
+_A._ You see by this the Emperor never acknowledged this gift of God was
+the gift of the Pope, but maintained, the Popedom was the gift of the
+Emperor. But in process of time, by the negligence of the Emperors, (for
+the greatness of Kings makes them that they cannot easily descend into
+the obscure and narrow mines of an ambitious clergy), they found means
+to make the people believe, there was a power in the Pope and clergy,
+which they ought to submit unto, rather than to the commands of their
+own Kings, whensoever it should come into controversy: and to that end
+devised and decreed many new articles of faith, to the diminution of the
+authority of kings, and to the disjunction of them and their subjects,
+and to a closer adherence of their subjects to the Church of Rome;
+articles either not at all found in, or not well founded upon the
+Scriptures; as first; that it should not be lawful for a priest to
+marry.
+
+_B._ What influence could that have upon the power of Kings?
+
+_A._ Do you not see, that by this the King must of necessity either want
+the priesthood, and therewith a great part of the reverence due to him
+from the most religious part of his subjects, or else want lawful heirs
+to succeed him: by which means, being not taken for the head of the
+Church, he was sure, in any controversy between him and the Pope, that
+his subjects would be against him?
+
+_B._ Is not a Christian King as much a bishop now, as the heathen Kings
+were of old? for among them _episcopus_ was a name common to all Kings.
+Is not he a bishop now, to whom God hath committed the charge of all the
+souls of his subjects, both of the laity and the clergy? And though he
+be in relation to our Saviour, who is the chief pastor, but a sheep,
+yet, compared to his own subjects, they are all sheep, both laic and
+cleric, and he only shepherd. And seeing a Christian bishop is but a
+Christian endued with power to govern the clergy, it follows that every
+Christian king is not only a bishop, but an arch-bishop, and his whole
+dominion his diocese. And though it were granted, that imposition of
+hands is necessary from a priest; yet seeing Kings have the government
+of the clergy, that are his subjects even before baptism; the baptism
+itself, wherein he is received as a Christian, is a sufficient
+imposition of hands, so that whereas before he was a bishop, now he is a
+Christian bishop.
+
+_A._ For my part I agree with you: this prohibition of marriage to
+priests came in about the time of Pope Gregory the Seventh, and William
+the First, King of England; by which means the Pope had in England, what
+with secular and what with regular priests, a great many lusty bachelors
+at his service.
+
+Secondly, that auricular confession to a priest was necessary to
+salvation. It is true, that before that time, confession to a priest was
+usual, and performed for the most part by him that confessed, in
+writing. But that use was taken away about the time of King Edward III,
+and priests commanded to take confessions from the mouth of the
+confitent: and men did generally believe, that without confession and
+absolution before their departure out of the world, they could not be
+saved; and having absolution from a priest, that they could not be
+damned. You understand by this, how much every man would stand in awe of
+the Pope and clergy, more than they would of the King; and what
+inconvenience it is to a state for their subjects to confess their
+secret thoughts to spies.
+
+_B._ Yes, as much as eternal torture is more terrible than death, so
+much they would fear the clergy more than the King.
+
+_A._ And though perhaps the Roman clergy will not maintain, that a
+priest hath power to remit sins absolutely, but only with a condition of
+repentance, yet the people were never so instructed by them; but were
+left to believe, that whensoever they had absolution, their precedent
+sins were all discharged, when their penance, which they took for
+repentance, was performed. Within the same time began the article of
+transubstantiation. For it had been disputed a long time before, in what
+manner a man did eat the body of our Saviour Jesus Christ, as being a
+point very difficult for a man to conceive and imagine clearly; but now
+it was made very clear, that the bread was transubstantiated into
+Christ’s body, and so was become no more bread, but flesh.
+
+_B._ It seems then that Christ had many bodies, and was in as many
+places at once, as there were communicants. I think the priests then
+were so wanton, as to insult upon the dulness, not only of common
+people, but also of kings and their councillors.
+
+_A._ I am now in a narration, not in a disputation; and therefore I
+would have you at this time to consider nothing else, but what effect
+this doctrine would work upon kings and their subjects, in relation to
+the clergy, who only were able of a piece of bread to make our Saviour’s
+body, and thereby at the hour of death to save their souls.
+
+_B._ For my part, it would have an effect on me, to make me think them
+gods, and to stand in awe of them as of God himself, if he were visibly
+present.
+
+_A._ Besides these, and other articles tending to the upholding of the
+Pope’s authority, they had many fine points in their ecclesiastical
+polity, conducing to the same end; of which I will mention only such as
+were established within the same time. For then it was the order came up
+of preaching friars, that wandered up and down, with power to preach in
+what congregation they pleased, and were sure enough to instil into the
+people nothing that might lessen the obedience to the Church of Rome;
+but, on the contrary, whatsoever might give advantage to it against the
+civil power. Besides, they privately insinuated themselves with women
+and men of weak judgment, confirming their adherence to the Pope, and
+urging them, in the time of their sickness, to be beneficial to it by
+contribution of money, or building religious houses, or pious works and
+necessary for the remission of their sins.
+
+_B._ I do not remember that I have read of any kingdom or state in the
+world, where liberty was given to any private man to call the people
+together, and make orations frequently to them, or at all, without first
+making the state acquainted, except only in Christendom. I believe the
+heathen Kings foresaw, that a few such orators would be able to make a
+great sedition. Moses did indeed command to read the Scriptures and
+expound them in the Synagogues every Sabbath-day. But the Scriptures
+then were nothing else but the laws of the nation, delivered unto them
+by Moses himself. And I believe it would do no hurt, if the laws of
+England also were often read and expounded in the several congregations
+of Englishmen, at times appointed, that they may know what to do; for
+they know already what to believe.
+
+_A._ I think that neither the preaching of friars nor monks, nor of
+parochial priests, tended to teach men what, but whom to believe. For
+the power of the mighty hath no foundation but in the opinion and belief
+of the people. And the end which the Pope had in multiplying sermons,
+was no other but to prop and enlarge his own authority over all
+Christian Kings and States.
+
+Within the same time, that is, between the time of the Emperor Charles
+the Great and of King Edward the Third of England, began their second
+polity; which was, to bring religion into an art, and thereby to
+maintain all the decrees of the Roman Church by disputation; not only
+from the Scriptures, but also from the philosophy of Aristotle, both
+moral and natural. And to that end the Pope exhorted the said Emperor by
+letter, to erect schools of all kinds of literature; and from thence
+began the institution of universities; for not long after, the
+universities began in Paris and in Oxford. It is true, that there were
+schools in England before that time, in several places, for the
+instruction of children in the Latin tongue, that is to say, in the
+tongue of the Church. But for an university of learning, there was none
+erected till that time; though it be not unlikely there might be then
+some that taught philosophy, logic, and other arts, in divers
+monasteries, the monks having little else to do but to study. After some
+colleges were built to that purpose, it was not long time before many
+more were added to them, by the devotion of princes and bishops, and
+other wealthy men: and the discipline therein was confirmed by the Popes
+that then were; and abundance of scholars sent thither by their friends
+to study, as to a place from whence the way was open and easy to
+preferment both in Church and Commonwealth. The profit the Church of
+Rome expected from them, and in effect received, was the maintenance of
+the Pope’s doctrine, and of his authority over kings and their subjects,
+by school-divines; who striving to make good many points of faith
+incomprehensible, and calling in the philosophy of Aristotle to their
+assistance, wrote great books of school-divinity, which no man else, nor
+they themselves, were able to understand; as any man may perceive that
+shall consider the writings of Peter Lombard, or Scotus, or of him that
+wrote commentaries upon him, or of Suarez, or any other school-divine of
+later times. Which kind of learning nevertheless hath been much admired
+by two sorts of men, otherwise prudent enough. The one of which sorts
+were of those that were already devoted and really affectionate to the
+Roman Church; for they believed the doctrine before, but admired the
+arguments because they understood them not, and yet found the
+conclusions to their mind. The other sort were negligent men, that had
+rather admire with others, than take the pains to examine. So that all
+sorts of people were fully resolved, that both the doctrine was true,
+and the Pope’s authority no more than what was due to him.
+
+_B._ I see that a Christian king, or state, how well soever provided he
+be of money and arms, where the Church of Rome hath such authority, will
+have but a hard match of it, for want of men. For their subjects will
+hardly be drawn into the field and fight with courage against their
+consciences.
+
+_A._ It is true that great rebellions have been raised by Church-men in
+the Pope’s quarrel against kings, as in England against King John, and
+in France against King Henry IV. Wherein the Kings had a more
+considerable part on their sides, than the Pope had on his; and shall
+always have so, if they have money. For there are but few whose
+consciences are so tender as to refuse money when they want it. But the
+great mischief done to kings upon pretence of religion is, when the Pope
+gives power to one king to invade another.
+
+_B._ I wonder how King Henry the Eighth could then so utterly extinguish
+the authority of the Pope in England, and that without any rebellion at
+home, or any invasion from abroad.
+
+_A._ First, the priests, monks, and friars, being in the height of their
+power, were now for the most part grown insolent and licentious; and
+thereby the force of their arguments was now taken away by the scandal
+of their lives, which the gentry and men of good education easily
+perceived: and the Parliament consisting of such persons, were therefore
+willing to take away their power: and generally the common people, which
+from a long custom had been in love with Parliaments, were not
+displeased therewith. Secondly, the doctrine of Luther beginning a
+little before, was now by a great many men of the greatest judgment so
+well received, as that there was no hope to restore the Pope to his
+power by rebellion. Thirdly, the revenue of abbeys and all other
+religious houses, falling thereby into the King’s hands, and by him
+being disposed of to the most eminent gentlemen in every county, could
+not but make them do their best to confirm themselves in the possession
+of them. Fourthly, King Henry was of a nature quick and severe in the
+punishing of such as should be the first to oppose his designs. Lastly,
+as to invasion from abroad, in case the Pope had given the kingdom to
+another prince, it had been in vain; for England is another manner of
+kingdom than Navarre. Besides, the French and Spanish forces were
+employed at that time one against another: and though they had been at
+leisure, they would have found perhaps no better success than the
+Spaniards found afterwards in 1588. Nevertheless, notwithstanding the
+insolence, avarice, and hypocrisy of the then clergy, and
+notwithstanding the doctrine of Luther, if the Pope had not provoked the
+King by endeavouring to cross his marriage with his second wife, his
+authority might have remained in England till there had risen some other
+quarrel.
+
+_B._ Did not the bishops, that then were, and had taken an oath, wherein
+was, amongst other things, that they should defend and maintain the
+legal rights of St. Peter: (the words are, _Regalia Sancti Petri_, which
+nevertheless some have said are _regulas Sancti Petri_, that is to say,
+St. Peter’s rules or doctrine; and that the clergy afterward did read
+it, being perhaps written in short-hand, by a mistake to the Pope’s
+advantage _regalia_): did not, I say, the bishops oppose that Act of
+Parliament against the Pope, and against the taking of the oath of
+supremacy?
+
+_A._ No, I do not find that the bishops did many of them oppose the
+King; for having no power without him, it had been great imprudence to
+provoke his anger. There was besides a controversy in those times
+between the Pope and the bishops, most of which did maintain that they
+exercised their jurisdiction episcopal in the right of God, as
+immediately as the Pope himself did exercise the same over the whole
+Church. And because they saw that by this Act of the King in Parliament
+they were to hold their power no more of the Pope, and never thought of
+holding it of the King, they were perhaps better content to let that Act
+of Parliament pass. In the reign of King Edward VI the doctrine of
+Luther had taken so great root in England, that they threw out also a
+great many of the Pope’s new articles of faith; which Queen Mary
+succeeding him restored again, together with all that had been abolished
+by Henry VIII, saving that which could not be restored, the religious
+houses; and the bishops and clergy of King Edward were partly burnt for
+heretics, partly fled, and partly recanted. And they that fled betook
+themselves to those places beyond sea, where the reformed religion was
+either protected or not persecuted; who, after the decease of Queen
+Mary, returned again to favour and preferment under Queen Elizabeth,
+that restored the religion of her brother King Edward. And so it hath
+continued till this day, excepting the interruption made in this late
+rebellion of the presbyterians and other democratical men. But though
+the Romish religion were now cast out by the law, yet there were
+abundance of people, and many of them of the nobility, that still
+retained the religion of their ancestors, who as they were not much
+molested in points of conscience, so they were not by their own
+inclination very troublesome to the civil government; but by the secret
+practice of the Jesuits and other emissaries of the Roman Church, they
+were made less quiet than they ought to have been; and some of them to
+venture on the most horrid act that ever had been heard of before, I
+mean the Gunpowder Treason. And upon that account, the Papists of
+England have been looked upon as men that would not be sorry for any
+disorders here that might possibly make way to the restoring of the
+Pope’s authority. And therefore I named them for one of the distempers
+of the state of England in the time of our late King Charles.
+
+_B._ I see that Monsieur Mornay du Plessis, and Dr. Morton, Bishop of
+Durham, writing of the progress of the Pope’s power, and intituling
+their books, one of them, _The Mystery of Iniquity_, the other, _The
+Grand Imposture_, were both in the right. For I believe there was never
+such another cheat in the world, and I wonder that the Kings and States
+of Christendom never perceived it.
+
+_A._ It is manifest they did perceive it. How else durst they make war
+against the Pope, and some of them take him out of Rome itself and carry
+him away prisoner? But if they would have freed themselves from his
+tyranny, they should have agreed together, and made themselves every
+one, as Henry VIII did, head of the Church within their own respective
+dominions. But not agreeing, they let his power continue, every one
+hoping to make use of it, when there should be cause, against his
+neighbour.
+
+_B._ Now, as to that other distemper by Presbyterians, how came their
+power to be so great, being of themselves, for the most part, but so
+many poor scholars?
+
+_A._ This controversy between the Papist and the Reformed Churches,
+could not choose but make every man, to the best of his power, examine
+by the Scriptures, which of them was in the right; and to that end they
+were translated into vulgar tongues; whereas before, the translation of
+them was not allowed, nor any man to read them but such as had express
+license so to do. For the Pope did concerning the Scriptures the same
+that Moses did concerning Mount Sinai. Moses suffered no man to go up to
+it to hear God speak or gaze upon him, but such as he himself took with
+him; and the Pope suffered none to speak with God in the Scriptures,
+that had not some part of the Pope’s spirit in him, for which he might
+be trusted.
+
+_B._ Certainly Moses did therein very wisely, and according to God’s own
+commandment.
+
+_A._ No doubt of it, and the event itself hath made it appear so. For
+after the Bible was translated into English, every man, nay, every boy
+and wench, that could read English, thought they spoke with God
+Almighty, and understood what he said, when by a certain number of
+chapters a day they had read the Scriptures once or twice over. The
+reverence and obedience due to the Reformed Church here, and to the
+bishops and pastors therein, was cast off, and every man became a judge
+of religion, and an interpreter of the Scriptures to himself.
+
+_B._ Did not the Church of England intend it should be so? What other
+end could they have in recommending the Bible to me, if they did not
+mean I should make it the rule of my actions? Else they might have kept
+it, though open to themselves, to me sealed up in Hebrew, Greek, and
+Latin, and fed me out of it in such measure as had been requisite for
+the salvation of my soul and the Church’s peace.
+
+_A._ I confess this licence of interpreting the Scripture was the cause
+of so many several sects, as have lain hid till the beginning of the
+late King’s reign, and did then appear to the disturbance of the
+commonwealth. But to return to the story. Those persons that fled for
+religion in the time of Queen Mary, resided, for the most part, in
+places where the Reformed religion was professed and governed by an
+assembly of ministers; who also were not a little made use of, for want
+of better statesmen, in points of civil government. Which pleased so
+much the English and Scotch Protestants that lived amongst them, that at
+their return they wished there were the same honour and reverence given
+to the ministry in their own countries. In Scotland, King James being
+then young, soon with the help of some of the powerful nobility they
+brought it to pass. Also they that returned into England in the
+beginning of the reign of Queen Elizabeth, endeavoured the same here,
+but could never effect it till this last rebellion, nor without the aid
+of the Scots. And it was no sooner effected, but they were defeated
+again by the other sects, which, by the preaching of the Presbyterians
+and private interpretation of Scripture, were grown numerous.
+
+_B._ I know indeed that in the beginning of the late war, the power of
+the Presbyterians was so very great, that, not only the citizens of
+London were almost all of them at their devotion, but also the greatest
+part of all other cities and market-towns of England. But you have not
+yet told me by what art and what degrees they became so strong.
+
+_A._ It was not their own art alone that did it, but they had the
+concurrence of a great many gentlemen, that did no less desire a popular
+government in the civil state than these ministers did in the Church.
+And as these did in the pulpit draw the people to their opinions, and to
+a dislike of the Church-government, Canons, and Common-prayer-book, so
+did the other make them in love with democracy by their harangues in the
+Parliament, and by their discourses and communication with people in the
+country, continually extolling liberty and inveighing against tyranny,
+leaving the people to collect of themselves that this tyranny was the
+present government of the state. And as the Presbyterians brought with
+them into their churches their divinity from the universities, so did
+many of the gentlemen bring their politics from thence into the
+Parliament; but neither of them did this very boldly in the time of
+Queen Elizabeth. And though it be not likely that all of them did it out
+of malice, but many of them out of error, yet certainly the chief
+leaders were ambitious ministers and ambitious gentlemen; the ministers
+envying the authority of bishops, whom they thought less learned; and
+the gentlemen envying the privy-council, whom they thought less wise
+than themselves. For it is a hard matter for men, who do all think
+highly of their own wits, when they have also acquired the learning of
+the university, to be persuaded that they want any ability requisite for
+the government of a commonwealth, especially having read the glorious
+histories and the sententious politics of the ancient popular
+governments of the Greeks and Romans, amongst whom kings were hated and
+branded with the name of tyrants, and popular government (though no
+tyrant was ever so cruel as a popular assembly) passed by the name of
+liberty. The Presbyterian ministers, in the beginning of the reign of
+Queen Elizabeth, did not, because they durst not, publicly preach
+against the discipline of the Church. But not long after, by the favour
+perhaps of some great courtier, they went abroad preaching in most of
+the market-towns of England, as the preaching friars had formerly done,
+upon working-days in the morning; in which sermons, these and others of
+the same tenets, that had charge of souls, both by the manner and matter
+of their preaching, applied themselves wholly to the winning of the
+people to a liking of their doctrines and good opinion of their persons.
+
+And first, for the manner of their preaching; they so framed their
+countenance and gesture at their entrance into the pulpit, and their
+pronunciation both in their prayer and sermon, and used the Scripture
+phrase (whether understood by the people or not), as that no tragedian
+in the world could have acted the part of a right godly man better than
+these did; insomuch that a man unacquainted with such art, could never
+suspect any ambitious plot in them to raise sedition against the state,
+as they then had designed; or doubt that the vehemence of their voice
+(for the same words with the usual pronunciation had been of little
+force) and forcedness of their gesture and looks, could arise from
+anything else but zeal to the service of God. And by this art they came
+into such credit, that numbers of men used to go forth of their own
+parishes and towns on working-days, leaving their calling, and on
+Sundays leaving their own churches, to hear them preach in other places,
+and to despise their own and all other preachers that acted not so well
+as they. And as for those ministers that did not usually preach, but
+instead of sermons did read to the people such homilies as the Church
+had appointed, they esteemed and called them dumb dogs.
+
+Secondly, for the matter of their sermons, because the anger of the
+people in the late Roman usurpation was then fresh, they saw there could
+be nothing more gracious with them than to preach against such other
+points of the Romish religion as the bishops had not yet condemned; that
+so receding further from popery than they did, they might with glory to
+themselves leave a suspicion on the bishops, as men not yet well purged
+from idolatry.
+
+Thirdly, before their sermons, their prayer was or seemed to be
+_extempore_, which they pretended to be dictated by the spirit of God
+within them, and many of the people believed or seemed to believe it.
+For any man might see, that had judgment, that they did not take care
+beforehand what they should say in their prayers. And from hence came a
+dislike of the common-prayer-book, which is a set form, premeditated,
+that men might see to what they were to say _amen_.
+
+Fourthly, they did never in their sermons, or but lightly, inveigh
+against the lucrative vices of men of trade or handicraft; such as are
+feigning, lying, cozening, hypocrisy, or other uncharitableness, except
+want of charity to their pastors and to the faithful: which was a great
+ease to the generality of citizens and the inhabitants of market-towns,
+and no little profit to themselves.
+
+Fifthly, by preaching up an opinion that men were to be assured of their
+salvation by the testimony of their own private spirit, meaning the Holy
+Ghost dwelling within them. And from this opinion the people that found
+in themselves a sufficient hatred towards the Papists, and an ability to
+repeat the sermons of these men at their coming home, made no doubt but
+that they had all that was necessary, how fraudulently and spitefully
+soever they behaved themselves to their neighbours that were not
+reckoned amongst the saints, and sometimes to those also.
+
+Sixthly, they did, indeed, with great earnestness and severity, inveigh
+often against two sins, carnal lusts and vain swearing; which, without
+question, was very well done. But the common people were thereby
+inclined to believe, that nothing else was sin, but that which was
+forbidden in the third and seventh commandments (for few men do
+understand by the name of lust any other concupiscence, than that which
+is forbidden in that seventh commandment; for men are not ordinarily
+said to lust after another man’s cattle, or other goods or possessions):
+and therefore never made much scruple of the acts of fraud and malice,
+but endeavoured to keep themselves from uncleanness only, or at least
+from the scandal of it. And, whereas they did, both in their sermons and
+writings, maintain and inculcate, that the very first motions of the
+mind, that is to say, the delight men and women took in the sight of one
+another’s form, though they checked the proceeding thereof so that it
+never grew up to be a design, was nevertheless a sin, they brought young
+men into desperation and to think themselves damned, because they could
+not (which no man can, and is contrary to the constitution of nature)
+behold a delightful object without delight. And by this means they
+became confessors to such as were thus troubled in conscience, and were
+obeyed by them as their spiritual doctors in all cases of conscience.
+
+_B._ Yet divers of them did preach frequently against oppression.
+
+_A._ It is true, I had forgot that; but it was before such as were free
+enough from it; I mean the common people, who would easily believe
+themselves oppressed, but never oppressors. And therefore you may reckon
+this among their artifices, to make the people believe they were
+oppressed by the King, or perhaps by the bishops, or both; and incline
+the meaner sort to their party afterwards, when there should be
+occasion. But this was but sparingly done in the time of Queen
+Elizabeth, whose fear and jealousy they were afraid of. Nor had they as
+yet any great power in the Parliament-house, whereby to call in question
+her prerogative by petitions of right and other devices, as they did
+afterwards, when democratical gentlemen had received them into their
+counsels for the design of changing the government from monarchical to
+popular, which they called liberty.
+
+_B._ Who would think that such horrible designs as these could so easily
+and so long remain covered with the cloak of godliness? For that they
+were most impious hypocrites, is manifest enough by the war these
+proceedings ended in, and by the impious acts in that war committed. But
+when began first to appear in Parliament the attempt of popular
+government, and by whom?
+
+_A._ As to the time of attempting the change of government from
+monarchical to democratical, we must distinguish. They did not challenge
+the sovereignty in plain terms, and by that name, till they had slain
+the King; nor the rights thereof altogether by particular heads, till
+the King was driven from London by tumults raised in that city against
+him, and retired for the security of his person to York; where he had
+not been many days, when they sent unto him nineteen propositions,
+whereof above a dozen were demands of several powers, essential parts of
+the power sovereign. But before that time they had demanded some of them
+in a petition which they called a Petition of Right; which nevertheless
+the King had granted them in a former Parliament, though he deprived
+himself thereby, not only of the power to levy money without their
+consent, but also of his ordinary revenue by custom of tonnage and
+poundage, and of the liberty to put into custody such men as he thought
+likely to disturb the peace and raise sedition in the kingdom. As for
+the men that did this, it is enough to say they were members of the last
+Parliament, and of some other Parliaments in the beginning of King
+Charles and the end of King James his reign; to name them all is not
+necessary, further than the story shall require. Most of them were
+members of the House of Commons; some few also, of the Lords; but all,
+such as had a great opinion of their sufficiency in politics, which they
+thought was not sufficiently taken notice of by the King.
+
+_B._ How could the Parliament, when the King had a great navy, and a
+great number of trained soldiers, and all the magazines of ammunition in
+his power, be able to begin the war?
+
+_A._ The King had these things indeed in his right; but that signifies
+little, when they that had the custody of the navy and magazines, and
+with them all the trained soldiers, and in a manner all his subjects,
+were, by the preaching of Presbyterian ministers, and the seditious
+whisperings of false and ignorant politicians, made his enemies; and
+when the King could have no money but what the Parliament should give
+him, which you may be sure should not be enough to maintain his regal
+power, which they intended to take from him. And yet, I think, they
+never would have ventured into the field, but for that unlucky business
+of imposing upon the Scots, who were all Presbyterians, our book of
+Common-prayer. For I believe the English would never have taken well
+that the Parliament should make war upon the King, upon any provocation,
+unless it were in their own defence, in case the King should first make
+war upon them; and, therefore, it behoved them to provoke the King, that
+he might do something that might look like hostility. It happened in the
+year 1637, that the King, by the advice, as it is thought, of the
+Archbishop of Canterbury, sent down a book of Common-prayer into
+Scotland, not differing in substance from ours, nor much in words
+besides the putting of the word Presbyter for that of Minister,
+commanding it to be used, for conformity to this kingdom, by the
+ministers there, for an ordinary form of Divine service. This being read
+in the church at Edinburgh, caused such a tumult there, that he that
+read it had much ado to escape with his life; and gave occasion to the
+greatest part of the nobility and others to enter, by their own
+authority, into a covenant amongst themselves, which impudently they
+called a covenant with God, to put down episcopacy, without consulting
+with the King: which they presently did, animated thereto by their own
+confidence, or by assurance from some of the democratical Englishmen
+that in former Parliaments had been the greatest opposers of the King’s
+interest, that the King would not be able to raise an army to chastise
+them without calling a Parliament, which would be sure to favour them.
+For the thing which those democraticals chiefly then aimed at, was to
+force the King to call a Parliament, which he had not done for ten years
+before, as having found no help, but hindrance to his designs in the
+Parliaments he had formerly called. Howsoever, contrary to their
+expectation, by the help of his better-affected subjects of the nobility
+and gentry, he made a shift to raise a sufficient army to have reduced
+the Scots to their former obedience, if it had proceeded to battle. And
+with this army he marched himself into Scotland; where the Scotch army
+was also brought into the field against him, as if they meant to fight.
+But then the Scotch sent to the King for leave to treat by commissioners
+on both sides; and the King, willing to avoid the destruction of his own
+subjects, condescended to it. The issue was peace; and the King
+thereupon went to Edinburgh, and passed an Act of Parliament there to
+their satisfaction.
+
+_B._ Did he not then confirm episcopacy?
+
+_A._ No, but yielded to the abolishing of it: but by this means the
+English were crossed in their hope of a Parliament. But the said
+democraticals, formerly opposers of the King’s interest, ceased not to
+endeavour still to put the two nations into a war; to the end the King
+might buy the Parliament’s help at no less a price than sovereignty
+itself.
+
+_B._ But what was the cause that the gentry and nobility of Scotland
+were so averse from the episcopacy? For I can hardly believe that their
+consciences were extraordinarily tender, nor that they were so very
+great divines, as to know what was the true Church-discipline
+established by our Saviour and his apostles; nor yet so much in love
+with their ministers, as to be over-ruled by them in the government
+either ecclesiastical or civil. For in their lives they were just as
+other men are, pursuers of their own interests and preferments, wherein
+they were not more opposed by the bishops than by their Presbyterian
+ministers.
+
+_A._ Truly I do not know; I cannot enter into other men’s thoughts,
+farther than I am led by the consideration of human nature in general.
+But upon this consideration I see first, that men of ancient wealth and
+nobility are not apt to brook, that poor scholars should (as they must,
+when they are made bishops) be their fellows. Secondly, that from the
+emulation of glory between the nations, they might be willing to see
+this nation afflicted by civil war, and might hope, by aiding the rebels
+here, to acquire some power over the English, at least so far as to
+establish here the Presbyterian discipline; which was also one of the
+points they afterwards openly demanded. Lastly, they might hope for, in
+the war, some great sum of money, as a reward of their assistance,
+besides great booty, which they afterwards obtained. But whatsoever was
+the cause of their hatred to bishops, the pulling of them down was not
+all they aimed at: if it had, now that episcopacy was abolished by act
+of Parliament, they would have rested satisfied, which they did not. For
+after the King was returned to London, the English Presbyterians and
+democraticals, by whose favour they had put down bishops in Scotland,
+thought it reason to have the assistance of the Scotch for the pulling
+down of bishops in England. And in order thereunto, they might perhaps
+deal with the Scots secretly, to rest unsatisfied with that
+pacification, which they were before contented with. Howsoever it was,
+not long after the King was returned to London, they sent up to some of
+their friends at court a certain paper, containing, as they pretended,
+the articles of the said pacification; a false and scandalous paper,
+which was by the King’s command burnt, as I have heard, publicly. And so
+both parties returned to the same condition they were in, when the King
+went down with his army.
+
+_B._ And so there was a great deal of money cast away to no purpose. But
+you have not told me who was general of that army.
+
+_A._ I told you the King was there in person. He that commanded under
+him was the Earl of Arundel, a man that wanted not either valour or
+judgment. But to proceed to battle or to treaty, was not in his power,
+but in the King’s.
+
+_B._ He was a man of a most noble and loyal family, and whose ancestors
+had formerly given a great overthrow to the Scots, in their own country;
+and in all likelihood he might have given them the like now, if they had
+fought.
+
+_A._ He might indeed: but it had been but a kind of superstition to have
+made him general upon that account, though many generals heretofore have
+been chosen for the good luck of their ancestors in like occasions. In
+the long war between Athens and Sparta, a general of the Athenians by
+sea won many victories against the Spartans; for which cause, after his
+death, they chose his son for general with ill success. The Romans that
+conquered Carthage by the valour and conduct of Scipio, when they were
+to make war again in Afric against Cæsar, chose another Scipio for
+general; a man valiant and wise enough, but he perished in the
+employment. And to come home to our own nation, the Earl of Essex made a
+fortunate expedition to Cadiz; but his son, sent afterwards to the same
+place, could do nothing. It is but a foolish superstition, to hope that
+God has entailed success in war upon a name or family.
+
+_B._ After the pacification broken, what succeeded next?
+
+_A._ The King sent Duke Hamilton with commission and instructions into
+Scotland, to call a Parliament there, and to use all the means he could
+otherwise; but all was to no purpose. For the Scots were now resolved to
+raise an army and to enter into England, to deliver, as they pretended,
+their grievances to his majesty in a petition; because the King, they
+said, being in the hands of evil councillors, they could not otherwise
+obtain their right. But the truth is, they were animated to it by the
+democratical and Presbyterian English, with a promise of reward and hope
+of plunder. Some have said, that Duke Hamilton also did rather encourage
+them to, than deter them from, the expedition; as hoping by the disorder
+of the two kingdoms, to bring to pass that which he had formerly been
+accused to endeavour, to make himself King of Scotland. But I take this
+to have been a very uncharitable censure, upon so little ground to judge
+so hardly of a man, that afterwards lost his life in seeking to procure
+the liberty of the King his master. This resolution of the Scots to
+enter England being known, the King wanting money to raise an army
+against them, was now, as his enemies here wished, constrained to call a
+parliament, to meet at Westminster the 13th day of April 1640.
+
+_B._ Methinks a Parliament of England, if upon any occasion, should
+furnish the King with money now in war against the Scots, out of an
+inveterate disaffection to that nation that had always anciently taken
+part with their enemies the French, and which always esteemed the glory
+of England for an abatement of their own.
+
+_A._ It is indeed commonly seen that neighbour nations envy one
+another’s honour, and that the less potent bears the greater malice; but
+that hinders them not from agreeing in those things which their common
+ambition leads them to. And therefore the King found not the more, but
+the less help from this Parliament: and most of the members thereof, in
+their ordinary discourses, seemed to wonder why the King should make a
+war upon Scotland; and in that Parliament sometimes called them _their
+brethren the Scots_. But instead of taking the King’s business, which
+was the raising of money, into their consideration, they fell upon the
+redressing of grievances, and especially such ways of levying money as
+in the late intermission of Parliaments the King had been forced to use;
+such as were ship-money, for knighthood, and such other vails (as one
+may call them) of the regal office, which lawyers had found justifiable
+by the ancient records of the kingdom. Besides, they fell upon the
+actions of divers ministers of state, though done by the King’s own
+command and warrant. Insomuch, that before they were to come to the
+business for which they were called, the money which was necessary for
+this war (if they had given any, as they never meant to do) had come too
+late. It is true, there was mention of a sum of money to be given the
+King, by way of bargain, for the relinquishing of his right to
+ship-money, and some other of his prerogatives, but so seldom, and
+without determining any sum, that it was in vain for the King to hope
+for any success; and therefore upon the 5th of May following he
+dissolved it.
+
+_B._ Where then had the King money to raise and pay his army?
+
+_A._ He was forced the second time to make use of the nobility and
+gentry, who contributed some more, some less, according to the greatness
+of their estates; but amongst them all they made up a very sufficient
+army.
+
+_B._ It seems then that the same men, that crossed his business in the
+Parliament, now out of Parliament advanced it all they could. What was
+the reason of that?
+
+_A._ The greatest part of the Lords in Parliament, and of the gentry
+throughout England, were more affected to monarchy than to a popular
+government, but so as not to endure to hear of the King’s absolute
+power; which made them in time of Parliament easily to condescend to
+abridge it, and bring the government to a mixed monarchy, as they called
+it; wherein the absolute sovereignty should be divided between the King,
+the House of Lords, and the House of Commons.
+
+_B._ But how, if they cannot agree?
+
+_A._ I think they never thought of that; but I am sure they never meant
+the sovereignty should be wholly either in one or both houses. Besides,
+they were loath to desert the King, when he was invaded by foreigners;
+for the Scotch were esteemed by them as a foreign nation.
+
+_B._ It is strange to me, that England and Scotland being but one
+island, and their language almost the same, and being governed by one
+King, should be thought foreigners to one another. The Romans were
+masters of many nations, and to oblige them the more to obey the edicts
+and laws sent unto them from the city of Rome, they thought fit to make
+them all Romans; and out of divers nations, as Spain, Germany, Italy,
+and France, to advance some, that they thought worthy, even to be
+senators of Rome, and to give every one of the common people the
+privileges of the city of Rome, by which they were protected from the
+contumelies of other nations where they resided. Why were not the Scotch
+and English in like manner united into one people?
+
+_A._ King James at his first coming to the crown of England did
+endeavour it, but could not prevail. But for all that, I believe the
+Scotch have now as many privileges in England as any nation had in Rome,
+of those which were so as you say made Romans. For they are all
+naturalized, and have right to buy land in England to themselves and
+their heirs.
+
+_B._ It is true of them, that were born in Scotland after the time that
+King James was in possession of the kingdom of England.
+
+_A._ There be very few now that were born before. But why have they a
+better right that were born after, than they that were born before?
+
+_B._ Because they were born subjects to the King of England, and the
+rest not.
+
+_A._ Were not the rest born subjects to King James? And was not he King
+of England?
+
+_B._ Yes, but not then.
+
+_A._ I understand not the subtilty of that distinction. But upon what
+law is that distinction grounded? Is there any statute to that purpose?
+
+_B._ I cannot tell; I think not; but it is grounded upon equity.
+
+_A._ I see little equity in this; that those nations that are bound to
+equal obedience to the same King, should not have equal privileges. And
+now seeing there be so very few born before King James’s coming in, what
+greater privilege had those ingrafted Romans by their naturalization in
+the state of Rome, or in the state of England the English themselves,
+more than the Scotch?
+
+_B._ Those Romans, when any of them were in Rome, had their voice in the
+making of laws.
+
+_A._ And the Scotch have their Parliaments, wherein their assent is
+required to the laws there made, which is as good. Have not many of the
+provinces of France their several parliaments and several constitutions?
+And yet they are all equally natural subjects of the King of France. And
+therefore for my part I think they were mistaken, both English and
+Scotch, in calling one another foreigners. Howsoever that be, the King
+had a very sufficient army, wherewith he marched towards Scotland; and
+by the time he was come to York, the Scotch army was drawn up to the
+frontiers and ready to march into England; which also they presently
+did; giving out all the way, that their march should be without damage
+to the country, and that their errand was only to deliver a petition to
+the King, for the redress of many pretended injuries they had received
+from such of the court, whose counsel the King most followed. So they
+passed through Northumberland quietly, till they came to a ford in the
+river of Tyne, a little above Newcastle, where they found some little
+opposition from a party of the King’s army sent thither to stop them,
+whom the Scotch easily mastered; and as soon as they were over, seized
+upon Newcastle, and coming further on, upon the city of Durham; and sent
+to the King to desire a treaty, which was granted; and the commissioners
+on both sides met at Ripon. The conclusion was, that all should be
+referred to the Parliament, which the King should call to meet at
+Westminster on the 3rd of November following, being in the same year
+1640; and thereupon the King returned to London.
+
+_B._ So the armies were disbanded?
+
+_A._ No; the Scotch army was to be defrayed by the counties of
+Northumberland and Durham, and the King was to pay his own, till the
+disbanding of both should be agreed upon in Parliament.
+
+_B._ So in effect both the armies were maintained at the King’s charge,
+and the whole controversy to be decided by a Parliament almost wholly
+Presbyterian, and as partial to the Scotch as themselves could have
+wished.
+
+_A._ And yet for all this they durst not presently make war upon the
+King: there was so much yet left of reverence to him in the hearts of
+the people, as to have made them odious, if they had declared what they
+intended. They must have some colour or other to make it believed that
+the King made war first upon the Parliament. And besides, they had not
+yet sufficiently disgraced him in sermons and pamphlets, nor removed
+from about him those they thought could best counsel him. Therefore they
+resolved to proceed with him like skilful hunters; first to single him
+out, by men disposed in all parts to drive him into the open field; and
+then in case he should but seem to turn head, to call that a making of
+war against the Parliament.
+
+And first they called in question such as had either preached or written
+in defence of any of those rights, which, belonging to the Crown, they
+meant to usurp, and take from the King to themselves: whereupon some few
+preachers and writers were imprisoned, or forced to fly. The King not
+protecting these, they proceeded to call in question some of the King’s
+own actions in his ministers, whereof they imprisoned some, and some
+went beyond sea. And whereas certain persons, having endeavoured by
+books and sermons to raise sedition, and committed other crimes of high
+nature, had therefore been censured by the King’s council in the
+Star-chamber, and imprisoned; the Parliament by their own authority, to
+try, it seems, how the King and the people would take it, (for their
+persons were inconsiderable), ordered their setting at liberty; which
+was accordingly done, with great applause of the people, that flocked
+about them in London, in manner of a triumph. This being done without
+resistance, the King’s right to ship-money—
+
+_B._ Ship-money! what’s that?
+
+_A._ The Kings of England, for the defence of the sea, had power to tax
+all the counties of England, whether they were maritime or not, for the
+building and furnishing of ships; which tax the King had then lately
+found cause to impose, and the Parliament exclaimed against it as an
+oppression. And by one of their members that had been taxed but 20_s._
+(mark the oppression; a Parliament-man of 500_l._ a year, land-taxed at
+20_s._!) they were forced to bring it to a trial at law, he refusing
+payment; and he was cast. Again, when all the judges of Westminster were
+demanded their opinions concerning the legality of it, of twelve that
+there are, it was judged legal by ten; for which though they were not
+punished, yet they were affrighted by the Parliament.
+
+_B._ What did the Parliament mean, when they did exclaim against it as
+illegal? Did they mean it was against statute-law, or against the
+judgments of lawyers given heretofore, which are commonly called
+reports; or did they mean it was against equity, which I take to be the
+same with the law of nature?
+
+_A._ It is a hard matter, or rather impossible, to know what other men
+mean, especially if they be crafty: but sure I am, equity was not their
+ground for this pretence of immunity from contributing to the King but
+at their own pleasure. For when they have laid the burthen of defending
+the whole kingdom, and governing it, upon any person whatsoever, there
+is very little equity he should depend on others for the means of
+performing it; or if he do, they are his Sovereign, not he theirs. And
+as for the common law contained in reports, they have no force but what
+the King gives them. Besides, it were more unreasonable, that a corrupt
+or foolish judge’s unjust sentence should by any time, how long soever,
+obtain the authority and force of a law. But amongst the statute laws
+there is one, called Magna Charta, or the Great Charter of the liberties
+of Englishmen, in which there is one article, wherein a King heretofore
+hath granted that no man shall be distrained, that is, have his goods
+taken from him, otherwise than by the law of the land.
+
+_B._ Is not that a sufficient ground for their purpose?
+
+_A._ No: that leaves us in the same doubt, which you think it clears.
+For where was that law of the land then? Did they mean another Magna
+Charta, that was made by some King more ancient yet? No: that statute
+was made, not to exempt any man from payments to the public, but for
+securing every man from such as abused the King’s power by
+surreptitiously obtaining the King’s warrants, to the oppressing of
+those against whom he had any suit in law. But it was conducing to the
+ends of some rebellious spirits in this Parliament, to have it
+interpreted in the wrong sense, and suitable enough to the understanding
+of the rest, or most part of them, to let it pass.
+
+_B._ You make the members of that Parliament very simple men; and yet
+the people chose them for the wisest of the land.
+
+_A._ If craft be wisdom, they were wise enough. But wise, as I define
+it, is he that knows how to bring his business to pass, without the
+assistance of knavery and ignoble shifts, by the sole strength of his
+good contrivance. A fool may win from a better gamester by the advantage
+of false dice, and packing of cards.
+
+_B._ According to your definition, there be few wise men now-a-days.
+Such wisdom is a kind of gallantry, that few are brought up to, and most
+think folly. Fine cloaths, great feathers, civility towards men that
+will not swallow injuries, and injury towards them that will, is the
+present gallantry. But when the Parliament afterwards, having gotten the
+power into their hands, levied money for their own use; what said the
+people to that?
+
+_A._ What else, but that it was legal and to be paid, as being imposed
+by consent of Parliaments.
+
+_B._ I have heard often that they ought to pay what was imposed by
+consent of Parliaments to the use of the King, but to their own use
+never before. I see by this, it is easier to gull the multitude, than
+any one man amongst them. For what one man, that has not his natural
+judgment depraved by accident, could be so easily cozened in a matter
+that concerns his purse, had he not been passionately carried away by
+the rest to change of government, or rather to a liberty of every one to
+govern himself?
+
+_A._ Judge then, what kind of men such a multitude of ignorant people
+were like to elect for their burgesses and knights of shires.
+
+_B._ I can make no other judgment, but that they who were then elected,
+were just such as had been elected for former Parliaments, and as are
+like to be elected for Parliaments to come. For the common people have
+been, and always will be, ignorant of their duty to the public, as never
+meditating any thing but their particular interest; in other things
+following their immediate leaders; which are either the preachers, or
+the most potent of the gentlemen that dwell amongst them: as common
+soldiers for the most part follow their immediate captains, if they like
+them. If you think the late miseries have made them wiser, that will
+quickly be forgot, and then we shall be no wiser than we were.
+
+_A._ Why may not men be taught their duty, that is, the science of just
+and unjust, as divers other sciences have been taught, from true
+principles and evident demonstration; and much more easily than any of
+those preachers and democratical gentlemen could teach rebellion and
+treason?
+
+_B._ But who can teach what none have learned? Or, if any man hath been
+so singular, as to have studied the science of justice and equity; how
+can he teach it safely, when it is against the interest of those that
+are in possession of the power to hurt him?
+
+_A._ The rules of just and unjust sufficiently demonstrated, and from
+principles evident to the meanest capacity, have not been wanting; and
+notwithstanding the obscurity of their author, have shined, not only in
+this, but also in foreign countries, to men of good education. But they
+are few, in respect of the rest of the men, whereof many cannot read;
+many, though they can, have no leisure; and of them that have leisure,
+the greatest part have their minds wholly employed and taken up by their
+private businesses or pleasures. So that it is impossible that the
+multitude should ever learn their duty, but from the pulpit and upon
+holidays; but then, and from thence, it is, that they learned their
+disobedience. And, therefore, the light of that doctrine has been
+hitherto covered and kept under here by a cloud of adversaries, which no
+private man’s reputation can break through, without the authority of the
+Universities. But out of the Universities, came all those preachers that
+taught the contrary. The Universities have been to this nation, as the
+wooden horse was to the Trojans.
+
+_B._ Can you tell me why and when the Universities here, and in other
+places, first began?
+
+_A._ It seems, for the time, they began in the reign of the Emperor
+Charles the Great. Before which time, I doubt not, but that there were
+many grammar schools for the Latin tongue, which was the natural
+language of the Roman Church; but for Universities, that is to say,
+schools for the sciences in general, and especially for divinity, it is
+manifest that the institution of them was recommended by the Pope’s
+letter to the Emperor Charles the Great, and recommended further by a
+Council held in his time, I think, at Chalons-sur-Saone; and not long
+after was erected an University at Paris, and the college called
+University College at Oxford. And so by degrees several bishops,
+noblemen, and rich men, and some Kings and Queens, contributing
+thereunto, the Universities obtained at last their present splendour.
+
+_B._ But what was the Pope’s design in it?
+
+_A._ What other design was he like to have, but what you heard before,
+the advancement of his own authority in the countries where the
+Universities were erected? There they learned to dispute for him, and
+with unintelligible distinctions to blind men’s eyes, whilst they
+encroached upon the rights of kings. And it was an evident argument of
+that design, that they fell in hand with the work so quickly. For the
+first Rector of the University of Paris, as I have read somewhere, was
+Peter Lombard, who first brought in them the learning called
+School-divinity; and was seconded by John Scot of Duns, who lived in, or
+near the same time; whom any ingenious reader, not knowing what was the
+design, would judge to have been two of the most egregious blockheads in
+the world, so obscure and senseless are their writings. And from these
+the schoolmen that succeeded, learnt the trick of imposing what they
+list upon their readers, and declining the force of true reason by
+verbal forks; I mean, distinctions that signify nothing, but serve only
+to astonish the multitude of ignorant men. As for the understanding
+readers, they were so few, that these new sublime doctors cared not what
+they thought. These schoolmen were to make good all the articles of
+faith, which the Popes from time to time should command to be believed:
+amongst which, there were very many inconsistent with the rights of
+kings, and other civil sovereigns, as asserting to the Pope all
+authority whatsoever they should declare to be necessary _in ordine ad
+spiritualia_, that is to say, in order to religion.
+
+From the Universities also it was, that all preachers proceeded, and
+were poured out into city and country, to terrify the people into an
+absolute obedience to the Pope’s canons and commands, which, for fear of
+weakening kings and princes too much, they durst not yet call laws.
+
+From the Universities it was, that the philosophy of Aristotle was made
+an ingredient in religion, as serving for a salve to a great many absurd
+articles, concerning the nature of Christ’s body, and the estate of
+angels and saints in heaven; which articles they thought fit to have
+believed, because they bring, some of them profit, and others reverence
+to the clergy, even to the meanest of them. For when they shall have
+made the people believe that the meanest of them can make the body of
+Christ; who is there that will not both show them reverence, and be
+liberal to them or to the Church, especially in the time of their
+sickness, when they think they make and bring unto them their Saviour?
+
+_B._ But, what advantage to them, in these impostures, was the doctrine
+of Aristotle?
+
+_A._ They have made more use of his obscurity than of his doctrine. For
+none of the ancient philosophers' writings are comparable to those of
+Aristotle, for their aptness to puzzle and entangle men with words, and
+to breed disputation, which must at last be ended in the determination
+of the Church of Rome. And yet in the doctrine of Aristotle, they made
+use of many points; as, first, the doctrine of separated essences.
+
+_B._ What are separated essences?
+
+_A._ Separated beings.
+
+_B._ Separated from what?
+
+_A._ From every thing that is.
+
+_B._ I cannot understand the being of any thing, which I understand not
+to be. But what can they make of that?
+
+_A._ Very much, in questions concerning the nature of God, and
+concerning the estate of man’s soul after death, in heaven, hell, and
+purgatory; by which you and every man know, how great obedience, and how
+much money they gain from the common people. Whereas Aristotle holdeth
+the soul of man to be the first giver of motion to the body, and
+consequently to itself; they make use of that in the doctrine of free
+will. What, and how they gain by that, I will not say. He holdeth forth,
+that there be many things that come to pass in this world from no
+necessity of causes, but mere contingency, casuality, and fortune.
+
+_B._ Methinks, in this they make God stand idle, and to be a mere
+spectator of the games of fortune; for what God is the cause of, must
+needs come to pass, and, in my opinion, nothing else. But, because there
+must be some ground for the justice of the eternal torment of the
+damned; perhaps it is this, that men’s wills and propensions are not,
+they think, in the hands of God, but of themselves; and in this also I
+see somewhat conducing to the authority of the Church.
+
+_A._ This is not much; nor was Aristotle of such credit with them, but
+that when his opinion was against theirs, they could slight him.
+Whatsoever he says is impossible in nature, they can prove well enough
+to be possible, from the Almighty power of God, who can make many bodies
+to be in one and the self-same place, and one body to be in many places
+at the same time, if the doctrine of transubstantiation require it,
+though Aristotle deny it. I like not the design of drawing religion into
+an art, whereas it ought to be a law; and though not the same in all
+countries, yet in every country indisputable; nor that they teach it
+not, as arts ought to be taught, by shewing first the meaning of their
+terms, and then deriving from them the truth they would have us believe:
+nor that their terms are for the most part unintelligible; though, to
+make it seem rather want of learning in the reader, than want of fair
+dealing in themselves, they are, for the most part, Latin and Greek
+words, wryed a little at the point, towards the native language of the
+several countries where they are used. But that which is most
+intolerable is, that all clerks are forced to make as if they believed
+them, if they mean to have any Church preferment, the keys whereof are
+in the Pope’s hands; and the common people, whatsoever they believe of
+those subtile doctrines, are never esteemed better sons of the Church
+for their learning. There is but one way there to salvation; that is,
+extraordinary devotion and liberality to the Church, and readiness for
+the Church’s sake, if it be required, to fight against their natural and
+lawful sovereigns.
+
+_B._ I see what use they make of Aristotle’s logic, physics, and
+metaphysics; but I see not yet how his politics can serve their turn.
+
+_A._ Nor I. It has, I think, done them no good, though it has done us
+here much hurt by accident. For men, grown weary at last of the
+insolence of the priests, and examining the truth of these doctrines
+that were put upon them, began to search the sense of the Scriptures, as
+they are in the learned languages; and consequently studying Greek and
+Latin, became acquainted with the democratical principles of Aristotle
+and Cicero, and from the love of their eloquence fell in love with their
+politics, and that more and more, till it grew into the rebellion we now
+talk of, without any other advantage to the Roman Church but that it was
+a weakening to us, whom, since we broke out of their net in the time of
+Henry VIII, they have continually endeavoured to recover.
+
+_B._ What have they gotten by the teaching of Aristotle’s ethics?
+
+_A._ It is some advantage to them, that neither the morals of Aristotle,
+nor of any other, have done them any harm, nor us any good. Their
+doctrines have caused a great deal of dispute concerning virtue and
+vice, but no knowledge of what they are, nor any method of obtaining
+virtue nor of avoiding vice. The end of moral philosophy is, to teach
+men of all sorts their duty, both to the public and to one another. They
+estimate virtue, partly by a mediocrity of the passions of men, and
+partly by that that they are praised. Whereas, it is not the much or
+little praise that makes an action virtuous, but the cause; nor much or
+little blame that makes an action vicious, but its being unconformable
+to the laws in such men as are subject to the law, or its being
+unconformable to equity or charity in all men whatsoever.
+
+_B._ It seems you make a difference between the ethics of subjects, and
+the ethics of sovereigns.
+
+_A._ So I do. The virtue of a subject is comprehended wholly in
+obedience to the laws of the commonwealth. To obey the laws, is justice
+and equity, which is the law of nature, and, consequently, is civil law
+in all nations of the world; and nothing is injustice or iniquity,
+otherwise, than it is against the law. Likewise, to obey the laws, is
+the prudence of a subject; for without such obedience the commonwealth
+(which is every subject’s safety and protection) cannot subsist. And
+though it be prudence also in private men, justly and moderately to
+enrich themselves, yet craftily to withhold from the public or defraud
+it of such part of their wealth, as is by law required, is no sign of
+prudence, but of want of knowledge of what is necessary for their own
+defence.
+
+The virtues of sovereigns are such as tend to the maintenance of peace
+at home, and to the resistance of foreign enemies. Fortitude is a royal
+virtue; and though it be necessary in such private men as shall be
+soldiers, yet, for other men, the less they dare, the better it is both
+for the commonwealth and for themselves. Frugality (though perhaps you
+will think it strange) is also a royal virtue: for it increases the
+public stock, which cannot be too great for the public use, nor any man
+too sparing of what he has in trust for the good of others. Liberality
+also is a royal virtue: for the commonwealth cannot be well served
+without extraordinary diligence and service of ministers, and great
+fidelity to their Sovereign; who ought therefore to be encouraged, and
+especially those that do him service in the wars. In sum, all actions
+and habits are to be esteemed good or evil by their causes and
+usefulness in reference to the commonwealth, and not by their
+mediocrity, nor by their being commended. For several men praise several
+customs, and that which is virtue with one, is blamed by others; and,
+contrarily, what one calls vice, another calls virtue, as their present
+affections lead them.
+
+_B._ Methinks you should have placed among the virtues that, which, in
+my opinion, is the greatest of all virtues, religion.
+
+_A._ So I have, though, it seems, you did not observe it. But whither do
+we digress from the way we were in?
+
+_B._ I think you have not digressed at all; for I suppose, your purpose
+was, to acquaint me with the history, not so much of those actions that
+passed in the time of the late troubles, as of their causes, and of the
+councils and artifice by which they were brought to pass. There be
+divers men that have written the history, out of whom I might have
+learned what they did, and somewhat also of the contrivance; but I find
+little in them of what I would ask. Therefore, since you were pleased to
+enter into this discourse at my request, be pleased also to inform me
+after my own method; and for the danger of confusion that may arise from
+that, I will take care to bring you back to the place from whence I drew
+you; for I well remember where it was.
+
+_A._ Well then, to your question concerning religion, inasmuch as I told
+you, that all virtue is comprehended in obedience to the laws of the
+commonwealth, whereof religion is one, I have placed religion amongst
+the virtues.
+
+_B._ Is religion then the law of a commonwealth?
+
+_A._ There is no nation in the world, whose religion is not established,
+and receives not its authority from the laws of that nation. It is true,
+that the law of God receives no evidence from the laws of men. But
+because men can never by their own wisdom come to the knowledge of what
+God hath spoken and commanded to be observed, nor be obliged to obey the
+laws whose author they know not, they are to acquiesce in some human
+authority or other. So that the question will be, whether a man ought in
+matter of religion, that is to say, when there is question of his duty
+to God and the King, to rely upon the preaching of his fellow-subjects
+or of a stranger, or upon the voice of the law?
+
+_B._ There is no great difficulty in that point. For there are none that
+preach here or anywhere else, or at least ought to preach, but such as
+have authority so to do from him or them that have the sovereign power.
+So that if the King gives us leave, you or I may as lawfully preach as
+they that do; and I believe we should perform that office a great deal
+better, than they that preached us into the rebellion.
+
+_A._ The Church morals are in many points very different from these,
+that I have here set down, for the doctrine of virtue and vice; and yet
+without any conformity with that of Aristotle. For in the Church of
+Rome, the principal virtues are, to obey their doctrine, though it be
+treason, and that is to be religious; to be beneficial to the clergy,
+that is their piety and liberality; and to believe upon their word that
+which a man knows in his conscience to be false, which is the faith they
+require. I could name a great many more such points of their morals, but
+that I know you know them already, being so well versed in the cases of
+conscience written by their schoolmen, who measure the goodness and
+wickedness of all actions, by their congruity with the doctrine of the
+Roman clergy.
+
+_B._ But what is the moral philosophy of the Protestant clergy in
+England?
+
+_A._ So much as they show of it in their life and conversation, is for
+the most part very good, and of very good example; much better than
+their writings.
+
+_B._ It happens many times that men live honestly for fear, who, if they
+had power, would live according to their own opinions; that is, if their
+opinions be not right, unrighteously.
+
+_A._ Do the clergy in England pretend, as the Pope does, or as the
+Presbyterians do, to have a right from God immediately, to govern the
+King and his subjects in all points of religion and manners? If they do,
+you cannot doubt but that if they had number and strength, which they
+are never like to have, they would attempt to obtain that power, as the
+others have done.
+
+_B._ I would be glad to see a system of the present morals, written by
+some divine of good reputation and learning, of the late King’s party.
+
+_A._ I think I can recommend unto you the best that is extant, and such
+a one as (except a few passages that I mislike) is very well worth your
+reading. The title of it is, _The whole Duty of Man laid down in a plain
+and familiar way_. And, yet, I dare say, that if the Presbyterian
+ministers, even those of them which were the most diligent preachers of
+the late sedition, were to be tried by it, they would go near to be
+found not guilty. He has divided the duty of man into three great
+branches; which are, his duty to God, to himself, and to his neighbour.
+In his duty to God, he puts the acknowledgment of him in his essence and
+his attributes, and in the believing of his word. His attributes are
+omnipotence, omniscience, infiniteness, justice, truth, mercy, and all
+the rest that are found in Scripture. Which of these did not those
+seditious preachers acknowledge equally with the best of Christians? The
+word of God are the books of Holy Scripture, received for canonical in
+England.
+
+_B._ They receive the word of God; but it is according to their own
+interpretation.
+
+_A._ According to whose interpretation was it received by the bishops
+and the rest of the loyal party, but their own? He puts for another
+duty, obedience and submission to God’s will. Did any of them, nay, did
+any man living, do any thing, at any time, against God’s will?
+
+_B._ By God’s will, I suppose, he means there his revealed will, that is
+to say, his commandments, which I am sure they did most horribly break,
+both by their preaching and otherwise.
+
+_A._ As for their own actions, there is no doubt but all men are guilty
+enough, if God deal severely with them, to be damned. And for their
+preaching, they will say, they thought it agreeable to God’s revealed
+will in the Scriptures. If they thought it so, it was not disobedience,
+but error. And how can any man prove they thought otherwise?
+
+_B._ Hypocrisy hath this great prerogative above other sins, that it
+cannot be accused.
+
+_A._ Another duty he sets down is, to honour Him in his house (that is,
+the Church), in his possessions, in his day, in his word and sacraments.
+
+_B._ They perform this duty as well, I think, as any other ministers, I
+mean the loyal party; and the Presbyterians have always had an equal
+care to have God’s house free from profanation; to have tithes duly
+paid, and offerings accepted; to have the sabbath day kept holy, the
+word preached, and the Lord’s supper and baptism duly administered. But
+is not keeping of the feasts and fasts, one of those duties that belong
+to the honour of God? If it be, the Presbyterians fail in that.
+
+_A._ Why so? They kept some holidays, and they had fasts amongst
+themselves, though not upon the same days that the Church ordains, but
+when they thought fit; as when it pleased God to give the King any
+notable victory. And they governed themselves in this point by the Holy
+Scripture, as they pretend to believe. And who can prove they do not
+believe so?
+
+_B._ Let us pass over all other duties, and come to that duty which we
+owe to the King, and consider whether the doctrine taught by those
+divines which adhered to the King, be such in that point, as may justify
+the Presbyterians, that incited the people to rebellion. For that is the
+thing you call in question.
+
+_A._ Concerning our duty to our rulers, he hath these words: “An
+obedience we must pay, either active or passive; the active, in the case
+of all lawful commands, that is, whenever the magistrate commands
+something which is not contrary to some command of God, we are then
+bound to act according to that command of the magistrate, to do the
+things he requires; but when he enjoins any thing contrary to what God
+hath commanded, we are not then to pay him this active obedience; we
+may, nay we must, refuse thus to act (yet, here we must be very well
+assured, that the thing is so contrary, and not pretend conscience for a
+cloak of stubbornness); we are, in that case, to obey God rather than
+men; but even this is a season for the passive obedience; we must
+patiently suffer what he inflicts on us for such refusal, and not, to
+secure ourselves, rise up against him.”
+
+_B._ What is there in this, to give colour to the late rebellion?
+
+_A._ They will say they did it in obedience to God, inasmuch as they did
+believe it was according to the Scripture; out of which they will bring
+examples, perhaps of David and his adherents, that resisted King Saul,
+and of the prophets afterward, that vehemently from time to time
+preached against the idolatrous Kings of Israel and Judah. Saul was
+their lawful King, and yet they paid him neither active nor passive
+obedience; for they did put themselves into a posture of defence against
+him, though David himself spared his person. And so did the
+Presbyterians put into their commissions to their general, that they
+should spare the King’s person. Besides, you cannot doubt but that they,
+who in the pulpit did animate the people to take arms in the defence of
+the then Parliament, alleged Scripture, that is, the word of God for it.
+If it be lawful then for subjects to resist the King, when he commands
+anything that is against the Scripture, that is, contrary to the command
+of God, and to be judge of the meaning of the Scripture, it is
+impossible that the life of any King, or the peace of any Christian
+kingdom, can be long secure. It is this doctrine that divides a kingdom
+within itself, whatsoever the men be, loyal or rebels, that write or
+preach it publicly. And thus you see that if those seditious ministers
+be tried by this doctrine, they will come off well enough.
+
+_B._ I see it; and wonder at people that have never spoken with God
+Almighty, nor knowing one more than another what he hath said, when the
+laws and the preacher disagree, should so keenly follow the minister,
+(for the most part an ignorant, though a ready-tongued, scholar), rather
+than the laws, that were made by the King with the consent of the peers
+and the commons of the land.
+
+_A._ Let us examine his words a little nearer. First, concerning passive
+obedience. When a thief hath broken the laws, and according to the law
+is therefore executed, can any man understand that this suffering of his
+is in obedience to the law? Every law is a command to do, or to forbear:
+neither of these is fulfilled by suffering. If any suffering can be
+called obedience, it must be such as is voluntary; for no involuntary
+action can be counted a submission to the law. He that means that his
+suffering should be taken for obedience, must not only not resist, but
+also not fly, nor hide himself to avoid his punishment. And who is there
+amongst them that discourse of passive obedience, when his life is in
+extreme danger, that will voluntarily present himself to the officers of
+justice? Do not we see that all men, when they are led to execution, are
+both bound and guarded, and would break loose if they could, and get
+away? Such is their passive obedience. Christ saith (Matth. xxiii, 2,
+3): _The Scribes and Pharisees sit in Moses' chair; all therefore,
+whatsoever they bid you observe, that observe and do_: which is a doing
+an active obedience. And yet the Scribes and Pharisees appear not by the
+Scripture to have been such godly men, as never to command any thing
+against the revealed will of God.
+
+_B._ Must tyrants also be obeyed in every thing actively? Or is there
+nothing wherein a lawful King’s command may be disobeyed? What if he
+should command me with my own hands to execute my father, in case he
+should be condemned to die by the law?
+
+_A._ This is a case that need not be put. We never have read nor heard
+of any King or tyrant so inhuman as to command it. If any did, we are to
+consider whether that command were one of his laws. For by disobeying
+Kings, we mean the disobeying of his laws, those his laws that were made
+before they were applied to any particular person; for the King, though
+as a father of children, and a master of domestic servants, yet he
+commands the people in general never but by a precedent law, and as a
+politic, not a natural person. And if such a command as you speak of
+were contrived into a general law (which never was, nor never will be),
+you were bound to obey it, unless you depart the kingdom after the
+publication of the law, and before the condemnation of your father.
+
+_B._ Your author says further, in refusing active obedience to the King,
+that commanded anything contrary to God’s law, we must be very well
+assured that the thing is so contrary. I would fain know how it is
+possible to be assured.
+
+_A._ I think you do not believe that any of those refusers do,
+immediately from God’s own mouth, receive any command contrary to the
+command of the King, who is God’s lieutenant, nor any other way than you
+and I do, that is to say, than by the Scriptures. And because men do,
+for the most part, rather draw the Scripture to their own sense, than
+follow the true sense of the Scripture, there is no other way to know,
+certainly, and in all cases, what God commands, or forbids us to do, but
+by the sentence of him or them that are constituted by the King to
+determine the sense of the Scripture, upon hearing of the particular
+case of conscience which is in question. And they that are so
+constituted, are easily known in all Christian commonwealths, whether
+they be bishops, or ministers, or assemblies, that govern the Church
+under him or them that have the sovereign power.
+
+_B._ Some doubts may be raised from this that you now say. For if men be
+to learn their duty from the sentence which other men shall give
+concerning the meaning of the Scriptures, and not from their own
+interpretation, I understand not to what end they were translated into
+English, and every man not only permitted, but also exhorted, to read
+them. For what could that produce, but diversity of opinion, and
+consequently, as man’s nature is, disputation, breach of charity,
+disobedience, and at last rebellion? Again, since the Scripture was
+allowed to be read in English, why were not the translations such as
+might make all that is read, understood even by mean capacities? Did not
+the Jews, such as could read, understand their law in the Jewish
+language, as well as we do our statute laws in English? And as for such
+places of the Scripture, as had nothing of the nature of a law, it was
+nothing to the duty of the Jews, whether they were understood or not,
+seeing nothing is punishable but the transgression of some law. The same
+question I may ask concerning the New Testament. For, I believe, that
+those men to whom the original language was natural, did understand
+sufficiently what commands and councils were given them by our Saviour
+and his apostles, and his immediate disciples. Again, how will you
+answer that question which was put by St. Peter and St. John (_Acts_ iv,
+19), when by Annas the high-priest, and others of the Council of
+Jerusalem, they were forbidden to teach any more in the name of Jesus:
+_Whether it is right in the sight of God, to hearken unto you more than
+unto God?_
+
+_A._ The case is not the same. Peter and John had seen and daily
+conversed with our Saviour; and by the miracles he wrought, did know he
+was God, and consequently knew certainly that their disobedience to the
+high-priest’s present command was just. Can any minister now say, that
+he hath immediately from God’s own mouth received a command to disobey
+the King, or know otherwise than by the Scripture, that any command of
+the King, that hath the form and nature of a law, is against the law of
+God, which in divers places, directly and evidently, commandeth to obey
+him in all things? The text you cite does not tell us, that a minister’s
+authority, rather than a Christian King’s, shall decide the questions
+that arise from the different interpretations of the Scripture. And
+therefore, where the King is head of the Church, and by consequence (to
+omit that the Scripture itself was not received but by the authority of
+Kings and States) chief judge of the rectitude of all interpretations of
+the Scripture, to obey the King’s laws and public edicts, is not to
+disobey, but to obey God. A minister ought not to think that his skill
+in the Latin, Greek, or Hebrew tongues, if he have any, gives him a
+privilege to impose upon all his fellow subjects his own sense, or what
+he pretends to be his sense, of every obscure place of Scripture: nor
+ought he, as oft as he hath found out some fine interpretation, not
+before thought on by others, to think he had it by inspiration: for he
+cannot be assured of that; no, nor that his interpretation, as fine as
+he thinks it, is not false: and then all his stubbornness and contumacy
+towards the King and his laws, is nothing but pride of heart and
+ambition, or else imposture. And whereas you think it needless, or
+perhaps hurtful, to have the Scriptures in English, I am of another
+mind. There are so many places of Scripture easy to be understood, that
+teach both true faith and good morality (and that as fully as is
+necessary to salvation), of which no seducer is able to dispossess the
+mind of any ordinary reader, that the reading of them is so profitable
+as not to be forbidden without great damage to them and the
+commonwealth.
+
+_B._ All that is required, both in faith and manners, for man’s
+salvation, is, I confess, set down in Scripture as plainly as can be.
+_Children obey your parents in all things: Servants obey your masters:
+Let all men be subject to the higher powers, whether it be the King or
+those that are sent by him_: _Love God with all your soul, and your
+neighbour as yourself_: are words of the Scripture, which are well
+enough understood; but neither children, nor the greatest part of men,
+do understand why it is their duty to do so. They see not that the
+safety of the commonwealth, and consequently their own, depends upon
+their doing it. Every man by nature, without discipline, does in all his
+actions look upon, as far as he can see, the benefit that shall redound
+to himself from his obedience. He reads that covetousness is the root of
+all evil; but he thinks, and sometimes finds, it is the root of his
+estate. And so in other cases the Scripture says one thing, and they
+think another, weighing the commodities or incommodities of this present
+life only, which are in their sight, never putting into the scales the
+good and evil of the life to come, which they see not.
+
+_A._ All this is no more than happens where the Scripture is sealed up
+in Greek and Latin, and the people taught the same things out of them by
+preachers. But they that are of a condition and age fit to examine the
+sense of what they read, and that take a delight in searching out the
+grounds of their duty, certainly cannot choose but by their reading of
+the Scriptures come to such a sense of their duty, as not only to obey
+the laws themselves, but also to induce others to do the same. For
+commonly men of age and quality are followed by their inferior
+neighbours, that look more upon the example of those men whom they
+reverence, and whom they are unwilling to displease, than upon precepts
+and laws.
+
+_B._ These men, of the condition and age you speak of, are, in my
+opinion, the unfittest of all others to be trusted with the reading of
+the Scriptures. I know you mean such as have studied the Greek or Latin,
+or both tongues, and that are withal such as love knowledge, and
+consequently take delight in finding out the meaning of the most hard
+texts, or in thinking they have found it, in case it be new and not
+found out by others. These are therefore they, that prætermitting the
+easy places which teach them their duty, fall to scanning only of the
+mysteries of religion. Such as are: _How it may be made out with wit,
+that there be three that bear rule in heaven, and those three but one?
+How the Deity could be made flesh? How that flesh could be really
+present in many places at once? Where is the place, and what the
+torments, of hell?_ And other metaphysical doctrines: _Whether the will
+of man be free, or governed by the will of God? Whether sanctity comes
+by inspiration or education? By whom Christ now speaks to us, whether by
+the King, or by the clergy, or by the Bible, to every man that reads it
+and interprets it to himself, or by a private spirit to every private
+man?_ These and the like points are the study of the curious, and the
+cause of all our late mischief, and the cause that makes the plainer
+sort of men, whom the Scripture had taught belief in Christ, love
+towards God, obedience to the King, and sobriety of behaviour, forget it
+all, and place their religion in the disputable doctrines of these your
+wise men.
+
+_A._ I do not think these men fit to interpret the Scripture to the
+rest, nor do I say that the rest ought to take their interpretation for
+the word of God. Whatsoever is necessary for them to know, is so easy,
+as not to need interpretation: whatsoever is more, does them no good.
+But in case any of those unnecessary doctrines shall be authorized by
+the laws of the King or other state, I say it is the duty of every
+subject not to speak against them: in as much as it is every man’s duty
+to obey him or them that have the sovereign power, and the wisdom of all
+such powers to punish such as shall publish or teach their private
+interpretations, when they are contrary to the law, and likely to
+incline men to sedition or disputing against the law.
+
+_B._ They must punish then the most of those that have had their
+breeding in the Universities. For such curious questions in divinity are
+first started in the Universities, and so are all those politic
+questions concerning the rights of civil and ecclesiastic government;
+and there they are furnished with arguments for liberty out of the works
+of Aristotle, Plato, Cicero, Seneca, and out of the histories of Rome
+and Greece, for their disputation against the necessary power of their
+sovereigns. Therefore I despair of any lasting peace amongst ourselves,
+till the Universities here shall bend and direct their studies to the
+settling of it, that is, to the teaching of absolute obedience to the
+laws of the King, and to his public edicts under the Great Seal of
+England. For I make no doubt, but that solid reason, backed with the
+authority of so many learned men, will more prevail for the keeping of
+us in peace within ourselves, than any victory can do over the rebels.
+But I am afraid that it is impossible to bring the Universities to such
+a compliance with the actions of state, as is necessary for the
+business.
+
+_A._ Seeing the Universities have heretofore from time to time
+maintained the authority of the Pope, contrary to all laws divine,
+civil, and natural, against the right of our Kings, why can they not as
+well, when they have all manner of laws and equity on their side,
+maintain the rights of him that is both sovereign of the kingdom, and
+head of the Church?
+
+_B._ Why then were they not in all points for the King’s power,
+presently after that King Henry VIII was in Parliament declared head of
+the Church, as much as they were before for the authority of the Pope?
+
+_A._ Because the clergy in the Universities, by whom all things there
+are governed, and the clergy without the Universities, as well bishops
+as inferior clerks, did think that the pulling down of the Pope was the
+setting up of them, as to England, in his place, and made no question,
+the greatest part of them, but that their spiritual power did depend not
+upon the authority of the King, but of Christ himself, derived to them
+by a successive imposition of hands from bishop to bishop;
+notwithstanding they knew that this derivation passed through the hands
+of popes and bishops whose authority they had cast off. For though they
+were content that the divine right, which the Pope pretended to in
+England, should be denied him, yet they thought it not so fit to be
+taken from the Church of England, whom they now supposed themselves to
+represent. It seems they did not think it reasonable that a woman, or a
+child, or a man that could not construe the Hebrew, Greek, or Latin
+Bible, nor know perhaps the declensions and conjugations of Greek or
+Latin nouns and verbs, should take upon him to govern so many learned
+doctors in matters of religion; meaning matters of divinity: for
+religion has been for a long time, and is now by most people, taken for
+the same thing with divinity, to the great advantage of the clergy.
+
+_B._ And especially now amongst the Presbyterians. For I see few that
+are by them esteemed very good Christians, besides such as can repeat
+their sermons, and wrangle for them about the interpretation of the
+Scripture, and fight for them also with their bodies or purses, when
+they shall be required. To believe in Christ is nothing with them,
+unless you believe as they bid you. Charity is nothing with them, unless
+it be charity and liberality to them, and partaking with them in
+faction. How we can have peace while this is our religion, I cannot
+tell. _Hæret lateri lethalis arundo._ The seditious doctrine of the
+Presbyterians has been stuck so hard in the people’s heads and memories,
+(I cannot say into their hearts; for they understand nothing in it, but
+that they may lawfully rebel), that I fear the commonwealth will never
+be cured.
+
+_A._ The two great virtues, that were severally in Henry VII and Henry
+VIII, when they shall be jointly in one King, will easily cure it. That
+of Henry VII was, without much noise of the people to fill his coffers;
+that of Henry VIII was an early severity; but this without the former
+cannot be exercised.
+
+_B._ This that you say looks, methinks, like an advice to the King, to
+let them alone till he have gotten ready money enough to levy and
+maintain a sufficient army, and then to fall upon them and destroy them.
+
+_A._ God forbid that so horrible, unchristian, and inhuman a design
+should ever enter into the King’s heart. I would have him have money
+enough readily to raise an army able to suppress any rebellion, and to
+take from his enemies all hope of success, that they may not dare to
+trouble him in the reformation of the Universities; but to put none to
+death without the actual committing such crimes as are already made
+capital by the laws. The core of rebellion, as you have seen by this,
+and read of other rebellions, are the Universities; which nevertheless
+are not to be cast away, but to be better disciplined: that is to say,
+that the politics there taught be made to be, as true politics should
+be, such as are fit to make men know, that it is their duty to obey all
+laws whatsoever that shall by the authority of the King be enacted, till
+by the same authority they shall be repealed; such as are fit to make
+men understand, that the civil laws are God’s laws, as they that make
+them are by God appointed to make them; and to make men know, that the
+people and the Church are one thing, and have but one head, the King;
+and that no man has title to govern under him, that has it not from him;
+that the King owes his crown to God only, and to no man, ecclesiastic or
+other; and that the religion they teach there, be a quiet waiting for
+the coming again of our blessed Saviour, and in the mean time a
+resolution to obey the King’s laws, which also are God’s laws; to injure
+no man, to be in charity with all men, to cherish the poor and sick, and
+to live soberly and free from scandal; without mingling our religion
+with points of natural philosophy, as freedom of will, incorporeal
+substance, everlasting nows, ubiquities, hypostases, which the people
+understand not, nor will ever care for. When the Universities shall be
+thus disciplined, there will come out of them, from time to time,
+well-principled preachers, and they that are now ill-principled, from
+time to time fall away.
+
+_B._ I think it a very good course, and perhaps the only one that can
+make our peace amongst ourselves constant. For if men know not their
+duty, what is there that can force them to obey the laws? An army, you
+will say. But what shall force the army? Were not the trained bands an
+army? Were they not the janissaries, that not very long ago slew Osman
+in his own palace at Constantinople? I am therefore of your opinion,
+both that men may be brought to a love of obedience by preachers and
+gentlemen that imbibe good principles in their youth at the
+Universities, and also that we never shall have a lasting peace, till
+the Universities themselves be in such manner, as you have said,
+reformed; and the ministers know they have no authority but what the
+supreme civil power gives them; and the nobility and gentry know that
+the liberty of a state is not an exemption from the laws of their own
+country, whether made by an assembly or by a monarch, but an exemption
+from the constraint and insolence of their neighbours.
+
+And now I am satisfied in this point, I will bring you back to the place
+from whence my curiosity drew you to this long digression. We were upon
+the point of ship-money; one of those grievances which the Parliament
+exclaimed against as tyrannical and arbitrary government; thereby to
+single out, as you called it, the King from his subjects, and to make a
+party against him, when they should need it. And now you may proceed, if
+it please you, to such other artifices as they used to the same purpose.
+
+_A._ I think it were better to give over here our discourse of this
+business, and refer it to some other day that you shall think fit.
+
+_B._ Content. That day I believe is not far off.
+
+
+
+
+                                PART II.
+
+                               ==========
+
+_A._ You are welcome; yet, if you had staid somewhat longer, my memory
+would have been so much the better provided for you.
+
+_B._ Nay, I pray you give me now what you have about you; for the rest I
+am content you take what time you please.
+
+_A._ After the Parliament had made the people believe that the exacting
+of ship-money was unlawful, and the people thereby inclined to think it
+tyrannical; in the next place, to increase their disaffection to his
+Majesty, they accused him of a purpose to introduce and authorize the
+Roman religion in this kingdom: than which nothing was more hateful to
+the people; not because it was erroneous, which they had neither
+learning nor judgment enough to examine, but because they had been used
+to hear it inveighed against in the sermons and discourses of the
+preachers whom they trusted to. And this was indeed the most effectual
+calumny, to alienate the people’s affections from him, that could
+possibly be invented. The colour they had for this slander was, first,
+that there was one Rosetti, Resident, at and a little before that time,
+from the Pope, with the Queen; and one Mr. George Con, Secretary to the
+Cardinal Francisco Barberini, nephew to Pope Urban VIII, sent over,
+under favour and protection of the Queen, as was conceived, to draw as
+many persons of quality about the court, as he should be able, to
+reconcile themselves to the Church of Rome: with what success I cannot
+tell; but it is likely he gained some, especially of the weaker sex; if
+I may say, they were gained by him, when not his arguments, but hope of
+favour from the Queen, in all probability prevailed upon them.
+
+_B._ In such a conjuncture as that was, it had perhaps been better they
+had not been sent.
+
+_A._ There was exception also taken at a convent of friars-capucins in
+Somerset-House, though allowed by the articles of marriage: and it was
+reported, that the Jesuits also were shortly after to be allowed a
+convent in Clerkenwell. And in the mean time, the principal secretary,
+Sir Francis Windebank, was accused for having by his warrant set at
+liberty some English Jesuits, that had been taken and imprisoned for
+returning into England after banishment, contrary to the statute which
+had made it capital. Also the resort of English Catholics to the Queen’s
+chapel, gave them colour to blame the Queen herself, not only for that,
+but also for all the favours that had been shown to the Catholics; in so
+much that some of them did not stick to say openly, that the King was
+governed by her.
+
+_B._ Strange injustice! The Queen was a Catholic by profession, and
+therefore could not but endeavour to do the Catholics all the good she
+could: she had not else been truly that which she professed to be. But
+it seems they meant to force her to hypocrisy, being hypocrites
+themselves. Can any man think it a crime in a devout lady, of what sect
+soever, to seek the favour and benediction of that Church whereof she is
+a member?
+
+_A._ To give the Parliament another colour for their accusation on foot
+of the King, as to introducing of Popery, there was a great controversy
+between the Episcopal and Presbyterian clergy about free-will. The
+dispute began first in the Low Countries, between Gomar and Arminius, in
+the time of King James, who foreseeing it might trouble the Church of
+England, did what he could to compose the difference. And an assembly of
+divines was thereupon got together at Dort, to which also King James
+sent a divine or two, but it came to nothing; the question was left
+undecided, and became a subject to be disputed of in the universities
+here. All the Presbyterians were of the same mind with Gomar: but a very
+great many others not; and those were called here Arminians, who,
+because the doctrine of free-will had been exploded as a Papistical
+doctrine, and because the Presbyterians were far the greater number, and
+already in favour with the people, were generally hated. It was easy,
+therefore, for the Parliament to make that calumny pass currently with
+the people, when the Archbishop of Canterbury, Dr. Laud, was for
+Arminius, and had a little before, by his power ecclesiastical,
+forbidden all ministers to preach to the people of predestination; and
+when all ministers that were gracious with him, and hoped for any Church
+preferment, fell to preaching and writing for free-will, to the
+uttermost of their power, as a proof of their ability and merit.
+Besides, they gave out, some of them, that the Archbishop was in heart a
+Papist; and in case he could effect a toleration here of the Roman
+religion, was to have a cardinal’s hat: which was not only false, but
+also without any ground at all for a suspicion.
+
+_B._ It is a strange thing, that scholars, obscure men that could
+receive no clarity but from the flame of the state, should be suffered
+to bring their unnecessary disputes, and together with them their
+quarrels, out of the universities into the commonwealth; and more
+strange, that the state should engage in their parties, and not rather
+put them both to silence.
+
+_A._ A state can constrain obedience, but convince no error, nor alter
+the mind of them that believe they have the better reason. Suppression
+of doctrines does but unite and exasperate, that is, increase both the
+malice and power of them that have already believed them.
+
+_B._ But what are the points they disagree in? Is there any controversy
+between Bishop and Presbyterian concerning the divinity or humanity of
+Christ? Do either of them deny the Trinity, or any article of the creed?
+Does either party preach openly, or write directly, against justice,
+charity, sobriety, or any other duty necessary to salvation, except only
+the duty to the King; and not that neither, but when they have a mind
+either to rule or destroy the King? Lord have mercy upon us! Can nobody
+be saved that understands not their disputations? Or is there more
+requisite, either of faith or honesty, for the salvation of one man than
+another? What needs so much preaching of faith to us that are no
+heathens, and that believe already all that Christ and his apostles have
+told us is necessary to salvation, and more too? Why is there so little
+preaching of justice? I have indeed heard righteousness often
+recommended to the people, but I have seldom heard the word justice in
+their sermons; nay, though in the Latin and Greek Bible the word justice
+occur exceeding often, yet in the English, though it be a word that
+every man understands, the word righteousness (which few understand to
+signify the same, but take it rather for rightness of opinion, than of
+action or intention), is put in the place of it.
+
+_A._ I confess I know very few controversies amongst Christians, of
+points necessary to salvation. They are the questions of authority and
+power over the Church, or of profit, or of honour to Churchmen, that for
+the most part raise all the controversies. For what man is he, that will
+trouble himself and fall out with his neighbours for the saving of my
+soul, or the soul of any other than himself? When the Presbyterian
+ministers and others did so seriously preach sedition, and animate men
+to rebellion in these late wars; who was there that had not a benefice,
+or having one feared not to lose it, or some other part of his
+maintainance, by the alteration of the Government, that did voluntary,
+without any eye to reward, preach so earnestly against sedition, as the
+other party preached for it? I confess, that for aught I have observed
+in history, and other writings of the heathens, Greek and Latin, that
+those heathens were not at all behind us in point of virtue and moral
+duties, notwithstanding that we have had much preaching, and they none
+at all. I confess also, that considering what harm may proceed from a
+liberty that men have, upon every Sunday and oftener, to harangue all
+the people of a nation at one time, whilst the state is ignorant of what
+they will say; and that there is no such thing permitted in all the
+world out of Christendom, nor therefore any civil wars about religion; I
+have thought much preaching an inconvenience. Nevertheless, I cannot
+think that preaching to the people the points of their duty, both to God
+and man, can be too frequent; so it be done by grave, discreet, and
+ancient men, that are reverenced by the people; and not by light
+quibbling young men, whom no congregation is so simple as to look to be
+taught by (as being a thing contrary to nature), or to pay them any
+reverence, or to care what they say, except some few that may be
+delighted with their jingling. I wish with all my heart, there were
+enough of such discreet and ancient men, as might suffice for all the
+parishes of England, and that they would undertake it. But this is but a
+wish; I leave it to the wisdom of the State to do what it pleaseth.
+
+_B._ What did they next?
+
+_A._ Whereas the King had sent prisoners into places remote from London,
+three persons that had been condemned for publishing seditious doctrine,
+some in writing, some in public sermons; the Parliament (whether with
+his Majesty’s consent or no, I have forgotten), caused them to be
+released and to return to London; meaning, I think, to try how the
+people would be pleased therewith, and, by consequence, how their
+endeavours to draw the people’s affections from the King had already
+prospered. When these three came through London, it was a kind of
+triumph, the people flocking together to behold them, and receiving them
+with such acclamations, and almost adoration, as if they had been let
+down from heaven; insomuch as the Parliament was now sufficiently
+assured of a great and tumultuous party, whensoever they should have
+occasion to use it. On confidence whereof they proceeded to their next
+plot, which was to deprive the King of such ministers as by their
+wisdom, courage, and authority, they thought most able to prevent, or
+oppose their further designs against the King. And first, the House of
+Commons resolved to impeach the Earl of Strafford, Lord Lieutenant of
+Ireland, of high-treason.
+
+_B._ What was that Earl of Strafford before he had that place? And how
+had he offended the Parliament or given them cause to think he would be
+their enemy? For I have heard that in former Parliaments he had been as
+parliamentary as any other.
+
+_A._ His name was Sir Thomas Wentworth, a gentleman both by birth and
+estate very considerable in his own county, which was Yorkshire; but
+more considerable for his judgment in the public affairs, not only of
+that county, but generally of the kingdom; and was therefore often
+chosen for the Parliament, either as burgess for some borough, or knight
+of the shire. For his principles of politics, they were the same that
+were generally proceeded upon by all men else that were thought fit to
+be chosen for the Parliament; which are commonly these: to take for the
+rule of justice and government the judgments and acts of former
+Parliaments, which are commonly called precedents; to endeavour to keep
+the people from being subject to extra-parliamentary taxes of money, and
+from being with parliamentary taxes too much oppressed; to preserve to
+the people their liberty of body from the arbitrary power of the King
+out of Parliament; to seek redress of grievances.
+
+_B._ What grievances?
+
+_A._ The grievances were commonly such as these; the King’s too much
+liberality to some favourite; the too much power of some minister or
+officer of the commonwealth; the misdemeanour of judges, civil or
+spiritual; but especially all unparliamentary raising of money upon the
+subjects. And commonly of late, till such grievances be redressed, they
+refuse, or at least make great difficulty, to furnish the King with
+money necessary for the most urgent occasions of the commonwealth.
+
+_B._ How then can a King discharge his duty as he ought to do, or the
+subject know which of his masters he is to obey? For here are manifestly
+two powers, which, when they chance to differ, cannot both be obeyed.
+
+_A._ It is true; but they have not often differed so much to the danger
+of the commonwealth, as they have done in this Parliament, 1640. In all
+the Parliaments of the late King Charles before the year 1640, my Lord
+of Strafford did appear in opposition to the King’s demands as much as
+any man, and was for that cause very much esteemed and cried up by the
+people as a good patriot, and one that courageously stood up in defence
+of their liberties; and for the same cause was so much the more hated,
+when afterwards he endeavoured to maintain the royal and just authority
+of his Majesty.
+
+_B._ How came he to change his mind so much as it seems he did?
+
+_A._ After the dissolution of the Parliament holden in the years 1627
+and 1628, the King, finding no money to be gotten from Parliaments which
+he was not to buy with the blood of such servants and ministers as he
+loved best, abstained a long time from calling any more, and had
+abstained longer if the rebellion of the Scotch had not forced him to
+it. During that Parliament the King made Sir Thomas Wentworth a baron,
+recommended to him for his great ability, which was generally taken
+notice of by the disservice he had done the King in former Parliaments,
+but which might be useful for him in the times that came on: and not
+long after he made him of the Council, and after that again Lieutenant
+of Ireland, which place he discharged with great satisfaction and
+benefit to his Majesty, and continued in that office, till, by the envy
+and violence of the Lords and Commons of that unlucky Parliament of
+1640, he died. In which year he was made general of the King’s forces
+against the Scots that then entered into England, and the year before,
+Earl of Strafford. The pacification being made, and the forces on both
+sides disbanded, and the Parliament at Westminster now sitting, it was
+not long before the House of Commons accused him to the House of Lords
+for high-treason.
+
+_B._ There was no great probability of his being a traitor to the King,
+from whose favour he had received his greatness, and from whose
+protection he was to expect his safety. What was the treason they laid
+to his charge?
+
+_A._ Many articles were drawn up against him, but the sum of them was
+contained in these two: first, that he had traitorously endeavoured to
+subvert the fundamental laws and government of the realm; and in stead
+thereof to introduce an arbitrary and tyrannical government against law:
+secondly, that he had laboured to subvert the rights of Parliaments, and
+the ancient course of Parliamentary proceedings.
+
+_B._ Was this done by him without the knowledge of the King?
+
+_A._ No.
+
+_B._ Why then, if it were treason, did not the King himself call him in
+question by his attorney? What had the House of Commons to do, without
+his command, to accuse him in the House of Lords? They might have
+complained to the King, if he had not known it before. I understand not
+this law.
+
+_A._ Nor I.
+
+_B._ Had this been by any former statutes made treason?
+
+_A._ Not that I ever heard of; nor do I understand how anything can be
+treason against the King, that the King, hearing and knowing, does not
+think treason. But it was a piece of that Parliament’s artifice, to put
+the word _traiterously_ to any article exhibited against any man whose
+life they meant to take away.
+
+_B._ Was there no particular instance of action or words, out of which
+they argued that endeavour of his to subvert the fundamental laws of
+Parliament, whereof they accused him?
+
+_A._ Yes; they said he gave the King counsel to reduce the Parliament to
+their duty by the Irish army, which not long before my Lord of Strafford
+himself had caused to be levied there for the King’s service. But it was
+never proved against him, that he advised the King to use it against the
+Parliament.
+
+_B._ What are those laws that are called fundamental? For I understand
+not how one law can be more fundamental than another, except only that
+law of nature that binds us all to obey him, whosoever he be, whom
+lawfully and for our own safety, we have promised to obey; nor any other
+fundamental law to a King, but _salus populi_, the safety and well-being
+of his people.
+
+_A._ This Parliament, in the use of their words, when they accused any
+man, never regarded the signification of them, but the weight they had
+to aggravate their accusation to the ignorant multitude, which think all
+faults heinous that are expressed in heinous terms, if they hate the
+person accused, as they did this man not only for being of the King’s
+party, but also for deserting the Parliament’s party as an apostate.
+
+_B._ I pray you tell me also what they meant by arbitrary government,
+which they seemed so much to hate? Is there any governor of a people in
+the world that is forced to govern them, or forced to make this and that
+law, whether he will or no? I think not: or if any be, he that forces
+him does certainly make laws, and govern arbitrarily.
+
+_A._ That is true; and the true meaning of the Parliament was, that not
+the King, but they themselves, should have the arbitrary government, not
+only of England, but of Ireland, and, as it appeared by the event, of
+Scotland also.
+
+_B._ How the King came by the government of Scotland and Ireland by
+descent from his ancestors, everybody can tell; but if the King of
+England and his heirs should chance (which God forbid) to fail, I cannot
+imagine what title the Parliament of England can acquire thereby to
+either of those nations.
+
+_A._ Yes; they will say they had been conquered anciently by the English
+subjects' money.
+
+_B._ Like enough, and suitable to the rest of their impudence.
+
+_A._ Impudence in democratical assemblies does almost all that is done;
+it is the goddess of rhetoric, and carries proof with it. For what
+ordinary man will not, from so great boldness of affirmation, conclude
+there is great probability in the thing affirmed? Upon this accusation
+he was brought to his trial in Westminster Hall before the House of
+Lords, and found guilty, and presently after declared traitor by a bill
+of attainder, that is, by Act of Parliament.
+
+_B._ It is a strange thing that the Lords should be induced, upon so
+light grounds, to give a sentence, or give their assent to a bill, so
+prejudicial to themselves and their posterity.
+
+_A._ It was not well done, and yet, as it seems, not ignorantly; for
+there is a clause in the bill, that it should not be taken hereafter for
+an example, that is for a prejudice, in the like case hereafter.
+
+_B._ That is worse than the bill itself, and is a plain confession that
+their sentence was unjust. For what harm is there in the examples of
+just sentences? Besides, if hereafter the like case should happen, the
+sentence is not at all made weaker by such a provision.
+
+A, Indeed I believe that the Lords, most of them, were not of themselves
+willing to condemn him of treason; they were awed to it by the clamour
+of common people that came to Westminster, crying out, _Justice, Justice
+against the Earl of Strafford!_ The which were caused to flock thither
+by some of the House of Commons, that were well assured, after the
+triumphant welcome of Prynne, Burton, and Bastwick, to put the people
+into tumult upon any occasion they desired. They were awed unto it
+partly also by the House of Commons itself, which if it desired to undo
+a Lord, had no more to do but to vote him a delinquent.
+
+_B._ A delinquent; what is that? A sinner is it not? Did they mean to
+undo all sinners?
+
+_A._ By delinquent they meant only a man to whom they would do all the
+hurt they could. But the Lords did not yet, I think, suspect they meant
+to cashier their whole House.
+
+_B._ It is a strange thing the whole House of Lords should not perceive
+that the ruin of the King’s power, and the weakening of it, was the
+ruin, or weakening of themselves. For they could not think it likely
+that the people ever meant to take the sovereignty from the King to give
+it to them, who were few in number, and less in power than so many
+Commoners, because less beloved by the people.
+
+_A._ But it seems not so strange to me. For the Lords, for their
+personal abilities, as they were no less, so also they were no more
+skilful in the public affairs, than the knights and burgesses. For there
+is no reason to think, that if one that is to-day a knight of the shire
+in the lower House, be to-morrow made a Lord and a member of the higher
+House, he is therefore wiser than he was before. They are all, of both
+Houses, prudent and able men as any in the land, in the business of
+their private estates, which require nothing but diligence and natural
+wit to govern them. But for the government of a commonwealth, neither
+wit, nor prudence, nor diligence, is enough, without infallible rules
+and the true science of equity and justice.
+
+_B._ If this be true, it is impossible any commonwealth in the world,
+whether monarchy, aristocracy, or democracy, should continue long
+without change, or sedition tending to change, either of the government
+or of the governors.
+
+_A._ It is true; nor have any the greatest commonwealths in the world
+been long free from sedition. The Greeks had for awhile their petty
+kings, and then by sedition came to be petty commonwealths; and then
+growing to be greater commonwealths, by sedition again became
+monarchies; and all for want of rules of justice for the common people
+to take notice of; which if the people had known in the beginning of
+every of these seditions, the ambitious persons could never have had the
+hope to disturb their government after it had been once settled. For
+ambition can do little without hands, and few hands it would have, if
+the common people were as diligently instructed in the true principles
+of their duty, as they are terrified and amazed by preachers, with
+fruitless and dangerous doctrines concerning the nature of man’s will,
+and many other philosophical points that tend not at all to the
+salvation of the soul in the world to come, nor to their ease in this
+life, but only to the direction towards the clergy of that duty which
+they ought to perform to the King.
+
+_B._ For aught I see, all the states of Christendom will be subject to
+these fits of rebellion, as long as the world lasteth.
+
+_A._ Like enough; and yet the fault, as I have said, may be easily
+mended, by mending the Universities.
+
+_B._ How long had the Parliament now sitten?
+
+_A._ It began November the 3d, 1640. My Lord of Strafford was impeached
+of treason before the Lords, November the 12th, sent to the Tower
+November the 22d, his trial began March the 22d, and ended April the
+13th. After his trial he was voted guilty of high-treason in the House
+of Commons, and after that in the House of Lords, May the 6th, and on
+the 12th of May beheaded.
+
+_B._ Great expedition; but could not the King, for all that, have saved
+him by a pardon?
+
+_A._ The King had heard all that passed at his trial, and had declared
+he was unsatisfied concerning the justice of their sentence. And, I
+think, notwithstanding the danger of his own person from the fury of the
+people, and that he was counselled to give way to his execution, not
+only by such as he most relied on, but also by the Earl of Strafford
+himself, he would have pardoned him, if that could have preserved him
+against the tumult raised and countenanced by the Parliament itself, for
+the terrifying of those they thought might favour him. And yet the King
+himself did not stick to confess afterwards, that he had done amiss, in
+that he did not rescue him.
+
+_B._ It was an argument of good disposition in the King. But I never
+read that Augustus Cæsar acknowledged that he had done a fault, in
+abandoning Cicero to the fury of his enemy Antonius: perhaps because
+Cicero, having been of the contrary faction to his father, had done
+Augustus no service at all out of favour to him, but only out of enmity
+to Antonius, and out of love to the senate, that is indeed out of love
+to himself that swayed the senate; as it is very likely the Earl of
+Strafford came over to the King’s party for his own ends, having been so
+much against the King in former Parliaments.
+
+_A._ We cannot safely judge of men’s intentions. But, I have observed
+often, that such as seek preferment, by their stubbornness have missed
+of their aim; and on the other side, that those princes that with
+preferment are forced to buy the obedience of their subjects, are
+already, or must be soon after, in a very weak condition. For in a
+market where honour and power is to be bought with stubbornness, there
+will be a great many as able to buy as my Lord Strafford was.
+
+_B._ You have read, that when Hercules fighting with the Hydra, had cut
+off any one of his many heads, there still arose two other heads in its
+place; and yet at last he cut them off all.
+
+_A._ The story is told false. For Hercules at first did not cut off
+those heads, but bought them off; and afterwards, when he saw it did him
+no good, then he cut them off, and got the victory.
+
+_B._ What did they next?
+
+_A._ After the first impeachment of the Earl of Strafford, the House of
+Commons, upon December the 18th, accused the Archbishop of Canterbury
+also of high-treason, that is, of design to introduce arbitrary
+government, &c.; for which he was, February the 18th, sent to the Tower;
+but his trial and execution were deferred a long time, till January the
+10th, 1643, for the entertainment of the Scots, that were come into
+England to aid the Parliament.
+
+_B._ Why did the Scots think there was so much danger in the Archbishop
+of Canterbury? He was not a man of war, nor a man able to bring an army
+into the field; but he was perhaps a very great politician.
+
+_A._ That did not appear by any remarkable event of his counsels. I
+never heard but he was a very honest man for his morals, and a very
+zealous promoter of the Church-government by bishops, and that desired
+to have the service of God performed, and the house of God adorned, as
+suitably as was possible to the honour we ought to do to the Divine
+Majesty. But to bring, as he did, into the State his former
+controversies, I mean his squabblings in the University about free-will,
+and his standing upon punctilios concerning the service-book and its
+rubrics, was not, in my opinion, an argument of his sufficiency in
+affairs of state. About the same time they passed an act, which the King
+consented to, for a triennial Parliament, wherein was enacted, that
+after the present Parliament there should be a Parliament called by the
+King within the space of three years, and so from three years to three
+years, to meet at Westminster upon a certain day named in the act.
+
+_B._ But what if the King did not call it, finding it perhaps
+inconvenient, or hurtful to the safety or peace of his people, which God
+hath put into his charge? For I do not well comprehend how any sovereign
+can well keep a people in order when his hands are tied, or when he hath
+any other obligation upon him than the benefit of those he governs; and
+at this time, for any thing you have told me, they acknowledged the King
+for their sovereign.
+
+_A._ I know not; but such was the act. And it was further enacted, that
+if the King did it not by his own command, then the Lord Chancellor or
+the Lord Keeper for the time being, should send out the writs of
+summons; and if the Chancellor refused, then the Sheriffs of the several
+counties should of themselves, in their next county-courts before the
+day set down for the Parliament’s meeting, proceed to the election of
+the members for the said Parliament.
+
+_B._ But what if the sheriffs refused?
+
+_A._ I think they were to be sworn to it: but for that, and other
+particulars, I refer you to the act.
+
+_B._ To whom should they be sworn, when there is no Parliament?
+
+_A._ No doubt but to the King, whether there be a Parliament sitting or
+no.
+
+_B._ Then the King may release them of their oath.
+
+_A._ Besides, they obtained of the King the putting down the
+Star-chamber, and the High-Commission Courts.
+
+_B._ Besides, if the King, upon the refusal, should fall upon them in
+anger; who shall (the Parliament not sitting) protect either the
+Chancellor or the sheriffs in their disobedience?
+
+_A._ I pray you do not ask me any reason of such things I understand no
+better than you. I tell you only an act passed to that purpose, and was
+signed by the King in the middle of February, a little before the
+Archbishop was sent to the Tower. Besides this bill, the two Houses of
+Parliament agreed upon another, wherein it was enacted, that the present
+Parliament should continue till both the Houses did consent to the
+dissolution of it; which bill also the King signed the same day he
+signed the warrant for the execution of the Earl of Strafford.
+
+_B._ What a great progress made the Parliament towards the ends of the
+most seditious Members of both Houses in so little time! They sat down
+in November, and now it was May; in this space of time, which is but
+half a year, they won from the King the adherence which was due to him
+from his people; they drove his faithfullest servants from him; beheaded
+the Earl of Strafford; imprisoned the Archbishop of Canterbury; obtained
+a triennial Parliament after their own dissolution, and a continuance of
+their own sitting as long as they listed: which last amounted to a total
+extinction of the King’s right, in case that such a grant were valid;
+which I think it is not, unless the Sovereignty itself be in plain terms
+renounced, which it was not. But what money, by way of subsidy or
+otherwise, did they grant the King, in recompense of all these his large
+concessions?
+
+_A._ None at all; but often promised they would make him the most
+glorious King that ever was in England; which were words that passed
+well enough for well meaning with the common people.
+
+_B._ But the Parliament was contented now? For I cannot imagine what
+they should desire more from the King, than he had now granted them.
+
+_A._ Yes; they desired the whole and absolute sovereignty, and to change
+the monarchical government into an oligarchy; that is to say, to make
+the Parliament, consisting of a few Lords and about four hundred
+Commoners, absolute in the sovereignty, for the present, and shortly
+after to lay the House of Lords aside. For this was the design of the
+Presbyterian ministers, who taking themselves to be, by divine right,
+the only lawful governors of the Church, endeavoured to bring the same
+form of Government into the civil state. And as the spiritual laws were
+to be made by their synods, so the civil laws should be made by the
+House of Commons; who, as they thought, would no less be ruled by them
+afterwards, than they formerly had been: wherein they were deceived, and
+found themselves outgone by their own disciples, though not in malice,
+yet in wit.
+
+_B._ What followed after this?
+
+_A._ In August following, the King supposing he had now sufficiently
+obliged the Parliament to proceed no further against him, took a journey
+into Scotland, to satisfy his subjects there, as he had done here;
+intending, perhaps, so to gain their good wills, that in case the
+Parliament here should levy arms against him, they should not be aided
+by the Scots: wherein he also was deceived. For though they seemed
+satisfied with what he did, whereof one thing was his giving way to the
+abolition of episcopacy; yet afterwards they made a league with the
+Parliament, and for money, when the King began to have the better of the
+Parliament, invaded England in the Parliament’s quarrel. But this was a
+year or two after.
+
+_B._ Before you go any further, I desire to know the ground and original
+of that right, which either the House of Lords, or House of Commons, or
+both together, now pretend to.
+
+_A._ It is a question of things so long past, that they are now
+forgotten. Nor have we any thing to conjecture by, but the records of
+our own nation, and some small and obscure fragments of Roman histories:
+and for the records, seeing they are of things done only, sometimes
+justly, sometimes unjustly, you can never by them know what right they
+had, but only what right they pretended.
+
+_B._ Howsoever, let me know what light we have in this matter from the
+Roman histories.
+
+_A._ It would be too long, and an useless digression, to cite all the
+ancient authors that speak of the forms of those commonwealths, which
+were amongst our first ancestors the Saxons and other Germans, and of
+other nations, from whom we derive the titles of honour now in use in
+England; nor will it be possible to derive from them any argument of
+right, but only examples of fact, which, by the ambition of potent
+subjects, have been oftener unjust than otherwise. And for those Saxons
+or Angles, that in ancient times by several invasions made themselves
+masters of this nation, they were not in themselves one body of a
+commonwealth, but only a league of divers petty German lords and states,
+such as was the Grecian army in the Trojan war, without other obligation
+than that which proceeded from their own fear and weakness. Nor were
+those lords, for the most part, the sovereigns at home in their own
+country, but chosen by the people for the captains of the forces they
+brought with them. And therefore it was not without equity, when they
+had conquered any part of the land, and made some one of them king
+thereof, that the rest should have greater privileges than the common
+people and soldiers: amongst which privileges, a man may easily
+conjecture this to be one; that they should be made acquainted, and be
+of council, with him that hath the sovereignty in matter of government,
+and have the greatest and most honourable offices both in peace and war.
+But because there can be no government where there is more than one
+sovereign, it cannot be inferred that they had a right to oppose the
+King’s resolutions by force, nor to enjoy those honours and places
+longer than they should continue good subjects. And we find that the
+Kings of England did, upon every great occasion, call them together by
+the name of discreet and wise men of the kingdom, and hear their
+counsel, and make them judges of all causes, that during their sitting
+were brought before them. But as he summoned them at his own pleasure,
+so had he also ever the power at his pleasure to dissolve them. The
+Normans also, that descended from the Germans, as we did, had the same
+customs in this particular; and by this means, this privilege of the
+lords to be of the King’s great council, and when they were assembled,
+to be the highest of the King’s courts of justice, continued still after
+the Conquest to this day. But though there be amongst the lords divers
+names or titles of honour, yet they have their privilege only by the
+name of baron, a name received from the ancient Gauls; amongst whom,
+that name signified the King’s man, or rather one of his great men: by
+which it seems to me, that though they gave him counsel when he required
+it, yet they had no right to make war upon him if he did not follow it.
+
+_B._ When began first the House of Commons to be part of the King’s
+great council?
+
+_A._ I do not doubt but that before the Conquest some discreet men, and
+known to be so by the King, were called by special writ to be of the
+same council, though they were not lords; but that is nothing to the
+House of Commons. The knights of shires and burgesses were never called
+to Parliament, for aught that I know, till the beginning of the reign of
+Edward I, or the latter end of the reign of Henry III, immediately after
+the misbehaviour of the barons; and, for aught any man knows, were
+called on purpose to weaken that power of the lords, which they had so
+freshly abused. Before the time of Henry III, the lords were descended,
+most of them, from such as in the invasions and conquests of the Germans
+were peers and fellow-kings, till one was made king of them all; and
+their tenants were their subjects, as it is at this day with the lords
+of France. But after the time of Henry III, the kings began to make
+lords in the place of them whose issue failed, titulary only, without
+the lands belonging to their title; and by that means, their tenants
+being no longer bound to serve them in the wars, they grew every day
+less and less able to make a party against the King, though they
+continued still to be his great council. And as their power decreased,
+so the power of the House of Commons increased; but I do not find they
+were part of the King’s council at all, nor judges over other men;
+though it cannot be denied, but a King may ask their advice, as well as
+the advice of any other. But I do not find that the end of their
+summoning was to give advice, but only, in case they had any petitions
+for redress of grievances, to be ready there with them whilst the King
+had his great council about him. But neither they nor the lords could
+present to the King, as a grievance, that the King took upon him to make
+the laws; to choose his own privy-counsellors; to raise money and
+soldiers; to defend the peace and honour of the kingdom; to make
+captains in his army; to make governors of his castles, whom he pleased.
+For this had been to tell the King, that it was one of their grievances
+that he was King.
+
+_B._ What did the Parliament do, whilst the King was in Scotland?
+
+_A._ The King went in August; after which, the Parliament, September the
+8th, adjourned till the 20th of October; and the King returned about the
+end of November following. In which time the most seditious of both
+Houses, and which had designed the change of government and to cast off
+monarchy, but yet had not wit enough to set up any other government in
+its place, and consequently left it to the chance of war, made a cabal
+amongst themselves; in which they projected how, by seconding one
+another, to govern the House of Commons, and invented how to put the
+kingdom, by the power of that House, into a rebellion, which they then
+called a posture of defence against such dangers from abroad, as they
+themselves should feign and publish. Besides, whilst the King was in
+Scotland, the Irish Papists got together a great party, with an
+intention to massacre the Protestants there, and had laid a design for
+the seizing, on October the 23rd, of Dublin Castle, where the King’s
+officers of the government of that country made their residence; and had
+effected it, had it not been discovered the night before. The manner of
+the discovery, and the murders they committed in the country afterwards,
+I need not tell you, since the whole story of it is extant.
+
+_B._ I wonder they did not expect and provide for a rebellion in
+Ireland, as soon as they began to quarrel with the King in England. For
+was there any body so ignorant, as not to know that the Irish Papists
+did long for a change of religion there, as well as the Presbyterians in
+England? Or, that in general, the Irish nation did hate the name of
+subjection to England, nor would longer be quiet, than they feared an
+army out of England to chastise them? What better time then could they
+take for their rebellion than this, wherein they were encouraged, not
+only by our weakness caused by this division between the King and his
+Parliament, but also by the example of the Presbyterians, both of the
+Scotch and English nation? But what did the Parliament do upon this
+occasion, in the King’s absence?
+
+_A._ Nothing; but consider what use they might make of it to their own
+ends; partly, by imputing it to the King’s evil counsellors, and partly,
+by occasion thereof to demand of the King the power of pressing and
+ordering soldiers; which power whosoever has, has also, without doubt,
+the whole sovereignty.
+
+_B._ When came the King back?
+
+_A._ He came back the 25th of November; and was welcomed with the
+acclamations of the common people, as much as if he had been the most
+beloved of all the Kings that were before him; but found not a reception
+by the Parliament, answerable to it. They presently began to pick new
+quarrels against him, out of every thing he said to them. December the
+2nd, the King called together both Houses of Parliament, and then did
+only recommend unto them the raising of succours for Ireland.
+
+_B._ What quarrel could they pick out of that?
+
+_A._ None: but in order thereto, as they may pretend, they had a bill in
+agitation to assert the power of levying and pressing soldiers to the
+two Houses of the Lords and Commons; which was as much as to take from
+the King the power of the militia, which is in effect the whole
+sovereign power. For he that hath the power of levying and commanding
+the soldiers, has all other rights of sovereignty which he shall please
+to claim. The King, hearing of it, called the Houses of Parliament
+together again, on December the 14th, and then pressed again the
+business of Ireland: (as there was need; for all this while the Irish
+were murdering the English in Ireland, and strengthening themselves
+against the forces they expected to come out of England): and withal,
+told them he took notice of the bill in agitation for pressing of
+soldiers, and that he was contented it should pass with a _salvo jure_
+both for him and them, because the present time was unseasonable to
+dispute it in.
+
+_B._ What was there unreasonable in this?
+
+_A._ Nothing: what is unreasonable is one question, what they quarrelled
+at is another. They quarrelled at this: that his Majesty took notice of
+the bill, while it was in debate in the House of Lords, before it was
+presented to him in the course of Parliament; and also that he showed
+himself displeased with those that propounded the said bill; both which
+they declared to be against the privileges of Parliament, and petitioned
+the King to give them reparation against those by whose evil counsel he
+was induced to it, that they might receive condign punishment.
+
+_B._ This was cruel proceeding. Do not the Kings of England use to sit
+in the Lords' House when they please? And was not this bill in debate
+then in the House of Lords? It is a strange thing that a man should be
+lawfully in the company of men, where he must needs hear and see what
+they say and do, and yet must not take notice of it so much as to the
+same company; for though the King was not present at the debate itself,
+yet it was lawful for any of the Lords to make him acquainted with it.
+Any one of the House of Commons, though not present at a proposition or
+debate in the House, nevertheless hearing of it from some of his
+fellow-members, may certainly not only take notice of it, but also speak
+to it in the House of Commons: but to make the King give up his friends
+and counsellors to them, to be put to death, banishment, or
+imprisonment, for their good-will to him, was such a tyranny over a
+king, no king ever exercised over any subject but in cases of treason or
+murder, and seldom then.
+
+_A._ Presently hereupon began a kind of war between the pens of the
+Parliament and those of the secretaries, and other able men that were
+with the King. For upon the 15th of December they sent to the King a
+paper called _A Remonstrance of the State of the Kingdom_, and with it a
+petition; both which they caused to be published. In the remonstrance
+they complained of certain mischievous designs of a malignant party,
+then, before the beginning of the Parliament, grown ripe; and did set
+forth what means had been used for the preventing of it by the wisdom of
+the Parliament; what rubs they had found therein; what course was fit to
+be taken for restoring and establishing the ancient honour, greatness,
+and safety, of the Crown and nation.
+
+And first, of these designs the promoters and actors were, they said,
+Jesuited Papists:
+
+Secondly, the bishops, and that part of the clergy that cherish
+formality as a support of their own ecclesiastical tyranny and
+usurpation:
+
+Thirdly, counsellors and courtiers, that for private ends, they said,
+had engaged themselves to further the interests of some foreign princes.
+
+_B._ It may very well be, that some of the bishops, and also some of the
+court, may have, in pursuit of their private interest, done something
+indiscreetly, and perhaps wickedly. Therefore I pray you tell me in
+particular what their crimes were: for methinks the King should not have
+connived at anything against his own supreme authority.
+
+_A._ The Parliament were not very keen against them that were against
+the King; they made no doubt but all they did was by the King’s command;
+but accused thereof the bishops, counsellors, and courtiers, as being a
+more mannerly way of accusing the King himself, and defaming him to his
+subjects. For the truth is, the charge they brought against them was so
+general as not to be called an accusation, but railing. As first, they
+said they nourished questions of prerogative and liberty between the
+King and his people, to the end that seeming much addicted to his
+Majesty’s service, they might get themselves into places of greatest
+trust and power in the kingdom.
+
+_B._ How could this be called an accusation, in which there is no fact
+for any accusers to apply their proofs to, or their witnesses. For
+granting that these questions of prerogative had been moved by them, who
+can prove that their end was to gain to themselves and friends the
+places of trust and power in the kingdom?
+
+_A._ A second accusation was, that they endeavoured to suppress the
+purity and power of religion.
+
+_B._ That is canting; it is not in man’s power to suppress the power of
+religion.
+
+_A._ They meant that they suppressed the doctrine of the Presbyterians;
+that is to say, the very foundation of the then Parliament’s treacherous
+pretensions.
+
+A third, that they cherished Arminians, Papists, and libertines (by
+which they meant the common Protestants, which meddle not with
+disputes), to the end they might compose a body fit to act according to
+their counsels and resolutions.
+
+A fourth, that they endeavoured to put the King upon other courses of
+raising money, than by the ordinary way of Parliaments.
+
+Judge whether these may be properly called accusations, or not rather
+spiteful reproaches of the King’s government.
+
+_B._ Methinks this last was a very great fault. For what good could
+there be in putting the King upon an odd course of getting money, when
+the Parliament was willing to supply him, as far as to the security of
+the kingdom, or to the honour of the King, should be necessary?
+
+_A._ But I told you before, they would give him none, but with a
+condition he should cut off the heads of whom they pleased, how
+faithfully soever they had served him. And if he would have sacrificed
+all his friends to their ambition, yet they would have found other
+excuses for denying him subsidies; for they were resolved to take from
+him the sovereign power to themselves; which they could never do without
+taking great care that he should have no money at all. In the next
+place, they put into the remonstrance, as faults of them whose counsel
+the King followed, all those things which since the beginning of the
+King’s reign were by them misliked, whether faults or not, and whereof
+they were not able to judge for want of knowledge of the causes and
+motives that induced the King to do them, and were known only to the
+King himself and such of his privy-council as he revealed them to.
+
+_B._ But what were those particular pretended faults?
+
+_A._ 1. The dissolution of his first Parliament at Oxford. 2. The
+dissolution of his second Parliament, being in the second year of his
+reign. 3. The dissolution of his Parliament in the fourth year of his
+reign. 4. The fruitless expedition against Calais. 5. The peace made
+with Spain, whereby the Palatine’s cause was deserted, and left to
+chargeable and hopeless treaties. 6. The sending of commissions to raise
+money by way of loan. 7. Raising of ship-money. 8. Enlargement of
+forests, contrary to Magna Charta. 9. The design of engrossing all the
+gunpowder into one hand, and keeping it in the Tower of London. 10. A
+design to bring in the use of brass money. 11. The fines, imprisonments,
+stigmatizings, mutilations, whippings, pillories, gags, confinements,
+and banishments, by sentence in the Court of Star-chamber. 12. The
+displacing of judges. 13. Illegal acts of the Council-table. 14. The
+arbitrary and illegal power of the Earl Marshal’s Court. 15. The abuses
+in Chancery, Exchequer-chamber, and Court of Wards. 16. The selling of
+titles of honour, of judges, and serjeants' places, and other offices.
+17. The insolence of bishops and other clerks, in suspensions,
+excommunications, deprivations, and degradations, of divers painful, and
+learned, and pious ministers.
+
+_B._ Were there any such ministers degraded, deprived, or
+excommunicated?
+
+_A._ I cannot tell. But I remember I have heard threatened divers
+painful, unlearned, and seditious ministers.
+
+18. The excess of severity of the High Commission-Court. 19. The
+preaching before the King against the property of the subject, and for
+the prerogative of the King above the law. And divers other petty
+quarrels they had to the government, which though they were laid upon
+this faction, yet they knew they would fall upon the King himself in the
+judgment of the people, to whom, by printing, it was communicated.
+
+Again, after the dissolution of the Parliament May the 5th, 1640, they
+find other faults; as the dissolution itself; the imprisoning some
+members of both Houses; a forced loan of money attempted in London; the
+continuance of the Convocation, when the Parliament was ended; and the
+favour shewed to Papists by Secretary Windebank and others.
+
+_B._ All this will go current with common people for misgovernment, and
+for faults of the King, though some of them were misfortunes; and both
+the misfortunes and the misgovernment, if any were, were the faults of
+the Parliament; who, by denying to give him money, did both frustrate
+his attempts abroad, and put him upon those extraordinary ways, which
+they call illegal, of raising money at home.
+
+_A._ You see what a heap of evils they have raised to make a show of
+ill-government to the people, which they second with an enumeration of
+the many services they have done the King in overcoming a great many of
+them, though not all, and in divers other things; and say, that though
+they had contracted a debt to the Scots of 220,000_l._ and granted six
+subsidies, and a bill of poll-money worth six subsidies more, yet that
+God had so blessed the endeavours of this Parliament, that the kingdom
+was a gainer by it: and then follows the catalogue of those good things
+they had done for the King and kingdom. For the kingdom they had done,
+they said, these things: they had abolished ship-money; they had taken
+away coat and conduct money, and other military charges, which, they
+said, amounted to little less than the ship-money; that they suppressed
+all monopolies, which they reckoned above a million yearly saved by the
+subject; that they had quelled living grievances, meaning evil
+counsellors and actors, by the death of my Lord of Strafford, by the
+flight of the Chancellor Finch, and of Secretary Windebank, by the
+imprisonment of the Archbishop of Canterbury, and of Judge Bartlet, and
+the impeachment of other bishops and judges; that they had passed a bill
+for a triennial Parliament, and another for the continuance of the
+present Parliament, till they should think fit to dissolve themselves.
+
+_B._ That is to say, for ever, if they be suffered. But the sum of all
+these things, which they had done for the kingdom, is, that they had
+left it without government, without strength, without money, without
+law, and without good counsel.
+
+_A._ They reckoned, also, putting down of the High-Commission, and the
+abating of the power of the Council-table, and of the bishops and their
+courts; the taking away of unnecessary ceremonies in religion; removing
+of ministers from their livings, that were not of their faction, and
+putting in such as were.
+
+_B._ All this was but their own, and not the kingdom’s business.
+
+_A._ The good they had done the King, was first, they said, the giving
+of 25,000_l._ a month for the relief of the northern counties.
+
+_B._ What need of relief had the northern counties, more than the rest
+of the counties of England?
+
+_A._ Yes; in the northern counties were quartered the Scotch army, which
+the Parliament called in to oppose the King, and consequently their
+quarter was to be discharged.
+
+_B._ True; but by the Parliament that called them in.
+
+_A._ But they say no; and that this money was given to the King, because
+he is bound to protect his subjects.
+
+_B._ He is no further bound to that, than they to give him money
+wherewithal to do it. This is very great impudence; to raise an army
+against the King, and with that army to oppress their fellow-subjects;
+and then require that the King should relieve them, that is to say, be
+at the charge of paying the army that was raised to fight against him.
+
+_A._ Nay, further; they put to the King’s account the 300,000_l._ given
+to the Scots, without which they would not have invaded England; besides
+many other things, that I now remember not.
+
+_B._ I did not think there had been so great impudence and villainy in
+mankind.
+
+_A._ You have not observed the world long enough to see all that is ill.
+Such was their remonstrance, as I have told you. With it they sent a
+petition, containing three points: 1. That his Majesty would deprive the
+bishops of their votes in Parliament, and remove such oppressions in
+religion, church-government, and discipline, as they had brought in; 2.
+That he should remove from his council all such as should promote the
+people’s grievances, and employ in his great and public affairs such as
+the Parliament should confide in; 3. That he would not give away the
+lands escheated to the Crown by the rebellion in Ireland.
+
+_B._ This last point, methinks, was not wisely put in at this time: it
+should have been reserved till they had subdued the rebels, against whom
+there were yet no forces sent over. It is like selling the lion’s skin
+before they had killed him. But what answer was made to the other two
+propositions?
+
+_A._ What answer should be made, but a denial? About the same time the
+King himself exhibited articles against six persons of the Parliament,
+five whereof were of the House of Commons and one of the House of Lords,
+accusing them of high-treason; and upon the 4th of January, went himself
+to the House of Commons to demand those five of them. But private notice
+having been given by some treacherous person about the King, they had
+absented themselves; and by that means frustrated his Majesty’s
+intentions. And after he was gone, the House making a heinous matter of
+it, and a high breach of their privileges, adjourned themselves into
+London, there to sit as a general committee, pretending they were not
+safe at Westminster: (for the King, when he went to the House to demand
+those persons, had somewhat more attendance with him, but not otherwise
+armed than his servants used to be, than he ordinarily had): and would
+not be pacified, though the King did afterwards waive the prosecution of
+those persons, unless he would also discover to them those that gave him
+counsel to go in that manner to the Parliament House, to the end they
+might receive condign punishment; which was the word they used instead
+of cruelty.
+
+_B._ This was a harsh demand. Was it not enough that the King should
+forbear his enemies, but also that he must betray his friends? If they
+thus tyrannize over the King before they have gotten the sovereign power
+into their hands, how will they tyrannize over their fellow subjects
+when they have gotten it?
+
+_A._ So as they did.
+
+_B._ How long stayed that committee in London?
+
+_A._ Not above two or three days; and then were brought from London to
+the Parliament House by water in great triumph, guarded with a
+tumultuous number of armed men, there to sit in security in despite of
+the King, and make traitorous acts against him, such and as many as they
+listed; and under favour of these tumults, to frighten away from the
+House of Peers all such as were not of their own faction. For at this
+time the rabble was so insolent, that scarce any of the bishops durst go
+to the House for fear of violence upon their persons: in so much as
+twelve of them excused themselves of coming thither; and by way of
+petition to the King, remonstrated that they were not permitted to go
+quietly to the performance of that duty, and protesting against all
+determinations, as of none effect, that should pass in the House of
+Lords during their forced absence. Which the House of Commons taking
+hold of, sent up to the Peers one of their members, to accuse them of
+high-treason. Whereupon ten of them were sent to the Tower; after which
+time there were no more words of their high-treason; but there passed a
+bill by which they were deprived of their votes in Parliament, and to
+this bill they got the King’s assent. And, in the beginning of September
+after, they voted that the bishops should have no more to do in the
+government of the Church; but to this they had not the King’s assent,
+the war being now begun.
+
+_B._ What made the Parliament so averse to episcopacy; and especially
+the House of Lords, whereof the bishops were members? For I see no
+reason why they should do it to gratify a number of poor parish priests,
+that were Presbyterians, and that were never likely any way to serve the
+Lords; but, on the contrary, to do their best to pull down their power,
+and subject them to their synods and classes.
+
+_A._ For the Lords, very few of them did perceive the intentions of the
+Presbyterians; and, besides that, they durst not, I believe, oppose the
+Lower House.
+
+_B._ But why were the Lower House so earnest against them?
+
+_A._ Because they meant to make use of their tenets, and with pretended
+sanctity to make the King and his party odious to the people, by whose
+help they were to set up democracy and depose the King, or to let him
+have the title only so long as he should act for their purposes. But not
+only the Parliament, but in a manner all the people of England, were
+their enemies, upon the account of their behaviour, as being, they said,
+too imperious. This was all that was colourably laid to their charge;
+the main cause of pulling them down, was the envy of the Presbyterians,
+that incensed the people against them, and against episcopacy itself.
+
+_B._ How would the Presbyterians have the Church to be governed?
+
+_A._ By national and provincial synods.
+
+_B._ Is not this to make the national assembly an archbishop, and the
+provincial assemblies so many bishops?
+
+_A._ Yes; but every minister shall have the delight of sharing the
+government, and consequently of being able to be revenged on them that
+do not admire their learning and help to fill their purses, and win to
+their service them that do.
+
+_B._ It is a hard case, that there should be two factions to trouble the
+commonwealth, without any interest in it of their own, other than every
+particular man may have; and that their quarrels should be only about
+opinions, that is, about who has the most learning; as if their learning
+ought to be the rule of governing all the world. What is it they are
+learned in? Is it politics and rules of state? I know, it is called
+divinity; but I hear almost nothing preached but matter of philosophy.
+For religion in itself admits no controversy. It is a law of the
+kingdom, and ought not to be disputed. I do not think they pretend to
+speak with God and know his will by any other way than reading the
+Scriptures, which we also do.
+
+_A._ Yes, some of them do, and give themselves out for prophets by
+extraordinary inspiration. But the rest pretend only, for their
+advancement to benefices and charge of souls, a greater skill in the
+Scriptures than other men have, by reason of their breeding in the
+Universities, and knowledge there gotten of the Latin tongue, and some
+also of the Greek and Hebrew tongues, wherein the Scripture was written;
+besides their knowledge of natural philosophy, which is there publicly
+taught.
+
+_B._ As for the Latin, Greek, and Hebrew tongues, it was once, to the
+detection of Roman fraud, and to the ejection of the Romish power, very
+profitable, or rather necessary; but now that is done, and we have the
+Scripture in English, and preaching in English, I see no great need of
+Latin, Greek, and Hebrew. I should think myself better qualified by
+understanding well the languages of our neighbours, French, Dutch, and
+Italian. I think it was never seen in the world, before the power of
+popes was set up, that philosophy was much conducing to power in a
+commonwealth.
+
+_A._ But philosophy, together with divinity, have very much conduced to
+the advancement of the professors thereof to places of the greatest
+authority, next to the authority of kings themselves, in most of the
+ancient kingdoms of the world; as is manifestly to be seen in the
+history of those times.
+
+_B._ I pray you cite me some of the authors and places.
+
+_A._ First, what were the Druids of old time in Britanny and France?
+What authority these had you may see in Cæsar, Strabo, and others, and
+especially in Diodorus Siculus, the greatest antiquary perhaps that ever
+was; who speaking of the Druids, whom he calls Sarovides, in France,
+says thus:—“There be also amongst them certain philosophers and
+theologians, that are exceedingly honoured, whom they also use as
+prophets. These men, by their skill in augury and inspection into the
+bowels of the beasts sacrificed, foretell what is to come, and have the
+multitude obedient to them.” And a little after,—“It is a custom amongst
+them, that no man may sacrifice without a philosopher; because, say
+they, men ought not to present their thanks to the Gods, but by them
+that know the divine nature, and are as it were of the same language
+with them; and that all good things ought by such as these to be prayed
+for.”
+
+_B._ I can hardly believe that those Druids were very skilful, either in
+natural philosophy, or moral.
+
+_A._ Nor I; for they held and taught the transmigration of souls from
+one body to another, as did Pythagoras; which opinion whether they took
+from him, or he from them, I cannot tell.
+
+What were the Magi in Persia, but philosophers and astrologers? You know
+how they came to find our Saviour by the conduct of a star, either from
+Persia itself, or from some country more eastward than Judea. Were not
+these in great authority in their country? And are they not in most
+parts of Christendom thought to have been Kings?
+
+Egypt hath been thought by many, the most ancient kingdom and nation of
+the world, and their priests had the greatest power in civil affairs,
+that any subjects ever had in any nation. And what were they but
+philosophers and divines? Concerning whom, the same Diodorus Siculus
+says thus: “The whole country of Egypt being divided into three parts,
+the body of the priests have one, as being of most credit with the
+people both for their devotion towards the Gods, and also for their
+understanding gotten by education;” and presently after, “For generally
+these men, in the greatest affairs of all, are the King’s counsellors,
+partly executing, and partly informing and advising; foretelling him
+also, by their skill in astrology and art in the inspection of
+sacrifices, the things that are to come, and reading to him out of their
+holy books such of the actions there recorded as are profitable for him
+to know. It is not there as in Greece, one man or one woman that has the
+priesthood; but they are many that attend the honours and sacrifices of
+the Gods, and leave the same employment to their posterity, which, next
+to the King, have the greatest power and authority.”
+
+Concerning the judicature amongst the Egyptians, he saith thus: “From
+out of the most eminent cities, Hieropolis, Thebes, and Memphis, they
+choose judges, which are a council not inferior to that of Areopagus in
+Athens, or that of the senate in Lacedæmon. When they are met, being in
+number thirty, they choose one from amongst themselves to be
+chief-justice, and the city whereof he is, sendeth another in his
+place.” This chief-justice wore about his neck, hung in a gold chain, a
+jewel of precious stones, the name of which jewel was _truth_; which,
+when the chief-justice had put on, then began the pleading, &c.; and
+when the judges had agreed on the sentence, then did the chief-justice
+put this jewel of truth to one of the pleas. You see now what power was
+acquired in civil matters by the conjuncture of philosophy and divinity.
+
+Let us come now to the commonwealth of the Jews. Was not the priesthood
+in a family, namely, the Levites, as well as the priesthood of Egypt?
+Did not the high-priest give judgment by the breast-plate of Urim and
+Thummim? Look upon the kingdom of Assyria, and the philosophers and
+Chaldeans. Had they not lands and cities belonging to their family, even
+in Abraham’s time, who dwelt, you know, in Ur of the Chaldeans. Of these
+the same author says thus: “The Chaldeans are a sect in politics, like
+to that of the Egyptian priests; for being ordained for the service of
+the Gods, they spend the whole time of their life in philosophy; being
+of exceeding great reputation in astrology, and pretending much also to
+prophecy, foretelling things to come by purifications and sacrifices,
+and to find out by certain incantations the preventing of harm, and the
+bringing to pass of good. They have also skill in augury, and in the
+interpretation of dreams and wonders, nor are they unskilful in the art
+of foretelling by the inwards of beasts sacrificed; and have their
+learning not as the Greeks; for the philosophy of the Chaldeans goes to
+their family by tradition, and the son receives it from his father.”
+
+From Assyria let us pass into India, and see what esteem the
+philosophers had there. “The whole multitude,” says Diodorus, “of the
+Indians, is divided into seven parts; whereof the first, is the body of
+philosophers; for number the least, but for eminence the first; for they
+are free from taxes, and as they are not masters of others, so are no
+others masters of them. By private men they are called to the sacrifices
+and to the care of burials of the dead, as being thought most beloved of
+the Gods and skilful in the doctrine concerning hell; and for this
+employment receive gifts and honours very considerable. They are also of
+great use to the people of India; for being taken at the beginning of
+the year into the great assembly, they foretell them of great droughts,
+great rains, also of winds, and of sicknesses, and of whatsoever is
+profitable for them to know beforehand.”
+
+The same author, concerning the laws of the Æthiopians, saith thus: “The
+laws of the Æthiopians seem very different from those of other nations,
+and especially about the election of their Kings. For the priests
+propound some of the chief men amongst them, named in a catalogue, and
+whom the God (which, according to a certain custom, is carried about to
+feastings) does accept of; him the multitude elect for their King, and
+presently adore and honour him as a God, put into the government by
+divine providence. The King being chosen, he has the manner of his life
+limited to him by the laws, and does all other things according to the
+custom of the country, neither rewarding nor punishing any man otherwise
+than from the beginning is established amongst them by law. Nor use they
+to put any man to death, though he be condemned to it, but to send some
+officer to him with a token of death; who seeing the token, goes
+presently to his house, and kills himself presently after. But the
+strangest thing of all is, that which they do concerning the death of
+their Kings. For the priests that live in Meroe, and spend their time
+about the worship and honour of the Gods, and are in greatest authority;
+when they have a mind to it, send a messenger to the King to bid him
+die, for that the Gods have given such order, and that the commandments
+of the immortals are not by any means to be neglected by those who are,
+by nature, mortal; using also other speeches to him, which men of simple
+judgment, and that have not reason enough to dispute against those
+unnecessary commands, as being educated in an old and indelible custom,
+are content to admit of. Therefore in former times the Kings did obey
+the priests, not as mastered by force and arms, but as having their
+reason mastered by superstition. But in the time of Ptolemy II,
+Ergamenes, King of the Æthiopians, having had his breeding in philosophy
+after the manner of the Greeks, being the first that durst dispute their
+power, took heart as befitted a King; came with soldiers to a place
+called Abaton, where was then the golden temple of the Æthiopians;
+killed all the priests, abolished the custom, and rectified the kingdom
+according to his will.”
+
+_B._ Though they that were killed were most damnable impostors, yet the
+act was cruel.
+
+_A._ It was so. But were not the priests cruel, to cause their Kings,
+whom a little before they adored as Gods, to make away themselves? The
+King killed them, for the safety of his person; they him, out of
+ambition or love of change. The King’s act may be coloured with the good
+of his people; the priests had no pretence against their kings, who were
+certainly very godly, or else would never have obeyed the command of the
+priests by a messenger unarmed, to kill themselves. Our late King, the
+best King perhaps that ever was, you know, was murdered, having been
+first persecuted by war, at the incitement of Presbyterian ministers;
+who are therefore guilty of the death of all that fell in that war;
+which were, I believe, in England, Scotland, and Ireland, near 100,000
+persons. Had it not been much better that those seditious ministers,
+which were not perhaps 1000, had been all killed before they had
+preached? It had been, I confess, a great massacre; but the killing of
+100,000 is a greater.
+
+_B._ I am glad the bishops were out of this business. As ambitious as
+some say they are, it did not appear in that business, for they were
+enemies to them that were in it.
+
+_A._ But I intend not by these quotations to commend either the divinity
+or the philosophy of those heathen people; but to show only what the
+reputation of those sciences can effect among the people. For their
+divinity was nothing but idolatry; and their philosophy, (excepting the
+knowledge which the Egyptian priests, and from them the Chaldeans, had
+gotten by long observation and study in astronomy, geometry, and
+arithmetic), very little; and that in great part abused in astrology and
+fortune-telling. Whereas the divinity of the clergy of this nation,
+(considered apart from the mixture that has been introduced by the
+Church of Rome, and in part retained here, of the babbling philosophy of
+Aristotle and other Greeks, that has no affinity with religion, and
+serves only to breed disaffection, dissension, and finally sedition and
+civil war, as we have lately found by dear experience in the differences
+between the Presbyterians and Episcopals), is the true religion. But for
+these differences both parties, as they came in power, not only
+suppressed the tenets of one another, but also whatsoever doctrine
+looked with an ill aspect upon their interest; and consequently all true
+philosophy, especially civil and moral, which can never appear
+propitious to ambition, or to an exemption from their obedience due to
+the sovereign power.
+
+After the King had accused the Lord Kimbolton, a member of the House of
+Lords, and Hollis, Haslerigg, Hampden, Pym, and Stroud, five members of
+the Lower House, of high-treason; and after the Parliament had voted out
+the bishops from the House of Peers; they pursued especially two things
+in their petitions to his Majesty. The one was, that the King would
+declare who were the persons that advised him to go, as he did, to the
+Parliament-house to apprehend them, and that he would leave them to the
+Parliament to receive condign punishment; and this they did, to stick
+upon his Majesty the dishonour of deserting his friends, and betraying
+them to his enemies. The other was, that he would allow them a guard out
+of the city of London, to be commanded by the Earl of Essex; for which
+they pretended, they could not else sit in safety; which pretence was
+nothing but an upbraiding of his Majesty for coming to Parliament better
+accompanied than ordinary, to seize the said five seditious members.
+
+_B._ I see no reason, in petitioning for a guard, they should determine
+it to the city of London in particular, and the command by name to the
+Earl of Essex, unless they meant the King should understand it for a
+guard against himself.
+
+_A._ Their meaning was, that the King should understand it so, and, as I
+verily believe, they meant he should take it for an affront: and the
+King himself understanding it so, denied to grant it; though he were
+willing, if they could not otherwise be satisfied, to command such a
+guard to wait upon them as he would be responsible for to God Almighty.
+Besides this, the city of London petitioned the King (put upon it, no
+doubt, by some members of the Lower House) to put the Tower of London
+into the hands of persons of trust, meaning such as the Parliament
+should approve of, and to appoint a guard for the safety of his Majesty
+and the Parliament. This method of bringing petitions in a tumultuary
+manner, by great multitudes of clamorous people, was ordinary with the
+House of Commons, whose ambition could never have been served by way of
+prayer and request, without extraordinary terror.
+
+After the King had waived the prosecution of the five members, but
+denied to make known who had advised him to come in person to the House
+of Commons, they questioned the Attorney-General, who by the King’s
+command had exhibited the articles against them, and voted him a breaker
+of the privilege of Parliament; and no doubt had made him feel their
+cruelty, if he had not speedily fled the land.
+
+About the end of January, they made an order of both Houses of
+Parliament, to prevent the going over of popish commanders into Ireland;
+not so much fearing that, as that by this the King himself choosing his
+commanders for that service, might aid himself out of Ireland against
+the Parliament. But this was no great matter, in respect of a petition
+they sent his Majesty about the same time, that is to say, about the
+27th or 28th of January, 1641,^† [Sidenote: † Feb. 2nd, 1641.] wherein
+they desired in effect the absolute sovereignty of England; though by
+the name of sovereignty they challenged it not whilst the King was
+living. For to the end that the fears and dangers of this kingdom might
+be removed, and the mischievous designs of those who are enemies to the
+peace of it, might be prevented, they pray, that his Majesty would be
+pleased to put forthwith, first, the Tower of London, second, all other
+forts, third, the whole militia of the kingdom, into the hands of such
+persons as should be recommended to him by both the Houses of
+Parliament. And this they style a necessary petition.
+
+_B._ Were there really any such fears and dangers generally conceived
+here? Or did there appear any enemies at that time with such designs as
+are mentioned in the petition?
+
+_A._ Yes. But no other fear of danger, but such as any discreet and
+honest man might justly have of the designs of the Parliament itself;
+who were the greatest enemies to the peace of the kingdom that could
+possibly be. It is also worth observing, that this petition began with
+these words, _Most gracious Sovereign_: so stupid they were as not to
+know, that he that is master of the militia, is master of the kingdom,
+and consequently is in possession of a most absolute sovereignty. The
+King was now at Windsor, to avoid the tumults of the common people
+before the gates of Whitehall, together with their clamours and affronts
+there. The 9th of February after, he came to Hampton Court, and thence
+he went to Dover with the Queen, and the Princess of Orange, his
+daughter; where the Queen with the Princess of Orange embarked for
+Holland, but the King returned to Greenwich, whence he sent for the
+Prince of Wales and the Duke of York, and so went with them towards
+York.
+
+_B._ Did the Lords join with the Commons in this petition for the
+militia?
+
+_A._ It appears so by the title; but I believe they durst not but do it.
+The House of Commons took them but for a cypher; men of title only,
+without real power. Perhaps also the most of them thought, that the
+taking of the militia from the King would be an addition to their own
+power; but they were very much mistaken, for the House of Commons never
+intended they should be sharers in it.
+
+_B._ What answer made the King to this petition?
+
+_A._ The following: “His Majesty having well considered of this
+petition, and being desirous to express how willing he is to apply a
+remedy, not only to your _dangers_, but even to your _doubts_ and
+_fears_, he therefore returns this answer, That when he shall know the
+extent of power which is intended to be established in those persons,
+whom you desire to be the commanders of the militia in the several
+counties, and likewise to what time it shall be limited, that no power
+shall be executed by his Majesty alone without the advice of Parliament,
+then he will declare, that (for the securing you from all dangers or
+jealousies of any) his Majesty will be content to put in all the places,
+both of forts and militia in the several counties, such persons as both
+the Houses of Parliament shall either approve, or recommend unto him; so
+that you declare before unto his Majesty the names of the persons whom
+you approve or recommend, unless such persons shall be named, against
+whom he shall have just and unquestionable exception.”
+
+_B._ What power, for what time, and to whom, did the Parliament grant,
+concerning the militia?
+
+_A._ The same power which the King had before planted in his lieutenants
+and deputy-lieutenants, in the several counties, and without other
+limitation of time but their own pleasure.
+
+_B._ Who were the men that had this power?
+
+_A._ There is a catalogue of them printed. They are very many, and most
+of them lords; nor is it necessary to have them named; for to name them
+is, in my opinion, to brand them with the mark of disloyalty or of
+folly. When they had made a catalogue of them, they sent it to the King,
+with a new petition for the militia. Also presently after, they sent a
+message to his Majesty, praying him to leave the Prince at Hampton
+Court; but the King granted neither.
+
+_B._ Howsoever, it was well done of them to get hostages, if they could,
+of the King, before he went from them.
+
+_A._ In the meantime, to raise money for the reducing of Ireland, the
+Parliament invited men to bring in money by way of adventure, according
+to these propositions. 1. That two millions and five hundred thousand
+acres of land in Ireland, should be assigned to the adventurers, in this
+proportion:
+
+      For an adventure of 200_l._ 1,000 acres Ulster.
+                                           in
+
+                       300_l._ 1,000 acres in Connaught.
+
+                       450_l._ 1,000 acres in Munster.
+
+                       600_l._ 1,000 acres in Leinster.
+
+All according to English measure, and consisting of meadow, arable, and
+profitable pasture; bogs, woods, and barren mountains, being cast in
+over and above. 2. A revenue was reserved to the Crown, from one penny
+to three-pence on every acre. 3. That commissions should be sent by the
+Parliament, to erect manors, settle wastes, and commons, maintain
+preaching ministers, create corporations, and regulate plantations. The
+rest of the propositions concern only the times and manner of payment of
+the sums subscribed by the adventurers. And to these propositions his
+Majesty assented; but to the petition of the militia, his Majesty denied
+his assent.
+
+_B._ If he had not, I should have thought it a great wonder. What did
+the Parliament after this?
+
+_A._ They sent him another petition, which was presented to him when he
+was at Theobald’s, in his way to York; wherein they tell him plainly,
+that unless he be pleased to assure them by those messengers then sent,
+that he would speedily apply his royal assent to the satisfaction of
+their former desires, they shall be enforced, for the safety of his
+Majesty and his kingdoms, to dispose of the militia by the authority of
+both Houses, &c. They petition his Majesty also to let the Prince stay
+at St. James’s, or some other of his Majesty’s houses near London. They
+tell him also, that the power of raising, ordering, and disposing of the
+militia, cannot be granted to any corporation, without the authority and
+consent of the Parliament, and that those parts of the kingdom, which
+have put themselves into a posture of defence, have done nothing therein
+but by direction of both Houses, and what is justifiable by the laws of
+this kingdom.
+
+_B._ What answer made the King to this?
+
+_A._ It was a putting of themselves into arms, and under officers such
+as the Parliament should approve of. 4. They voted that his Majesty
+should be again desired that the Prince might continue about London.
+Lastly, they voted a declaration to be sent to his Majesty by both the
+Houses; wherein they accuse his Majesty of a design of altering
+religion, though not directly him, but them that counselled him; whom
+they also accused of being the inviters and fomenters of the Scotch war,
+and framers of the rebellion in Ireland; and upbraid the King again for
+accusing the Lord Kimbolton and the five members, and of being privy to
+the purpose of bringing up his army, which was raised against the Scots,
+to be employed against the Parliament. To which his Majesty sent his
+answer from Newmarket. Whereupon it was resolved by both Houses, that in
+this case of extreme danger and of his Majesty’s refusal, the ordinance
+agreed upon by both Houses for the militia doth oblige the people by the
+fundamental laws of this kingdom; and also, that whosoever shall execute
+any power over the militia, by colour of any commission of lieutenancy,
+without consent of both Houses of Parliament, shall be accounted a
+disturber of the peace of the kingdom. Whereupon his Majesty sent a
+message to both Houses from Huntingdon, requiring obedience to the laws
+established, and prohibiting all subjects, upon pretence of their
+ordinance, to execute anything concerning the militia which is not by
+those laws warranted. Upon this, the Parliament vote a standing to their
+former votes; as also, that when the Lords and Commons in Parliament,
+which is the supreme court of judicature in the kingdom, shall declare
+what the law of the land is, to have this not only questioned, but
+contradicted, is a high breach of the privilege of Parliament.
+
+_B._ I thought that he that makes the law, ought to declare what the law
+is. For what is it else to to make a law, but to declare what it is? So
+that they have taken from the King, not only the militia, but also the
+legislative power.
+
+_A._ They have so; but I make account that the legislative power, and
+indeed all power possible, is contained in the power of the militia.
+After this, they seize such money as was due to his Majesty upon the
+bill of tonnage and poundage, and upon the bill of subsidies, that they
+might disable him every way they possibly could. They sent him also many
+other contumelious messages and petitions after his coming to York;
+amongst which one was: “That whereas the Lord Admiral, by indisposition
+of body, could not command the fleet in person, he would be pleased to
+give authority to the Earl of Warwick to supply his place;” when they
+knew the King had put Sir John Pennington in it before.
+
+_B._ To what end did the King entertain so many petitions, messages,
+declarations and remonstrances, and vouchsafe his answers to them, when
+he could not choose but clearly see they were resolved to take from him
+his royal power, and consequently his life? For it could not stand with
+their safety to let either him or his issue live, after they had done
+him so great injuries.
+
+_A._ Besides this, the Parliament had at the same time a committee
+residing at York, to spy what his Majesty did, and to inform the
+Parliament thereof, and also to hinder the King from gaining the people
+of that county to his party: so that when his Majesty was courting the
+gentlemen there, the committee was instigating the yeomanry against him.
+To which also the ministers did very much contribute; so that the King
+lost his opportunity at York.
+
+_B._ Why did not the King seize the committee into his hands, or drive
+them out of town?
+
+_A._ I know not; but I believe he knew the Parliament had a greater
+party than he, not only in Yorkshire but also in York. Towards the end
+of April, the King, upon petition of the people of Yorkshire to have the
+magazine of Hull to remain still there, for the greater security of the
+northern parts, thought fit to take it into his own hands. He had a
+little before appointed governor of that town the Earl of Newcastle. But
+the townsmen, having been already corrupted by the Parliament, refused
+to receive him, but refused not to receive Sir John Hotham, appointed to
+be governor by the Parliament. The King therefore coming before the
+town, guarded only by his own servants and a few gentlemen of the
+country thereabouts, was denied entrance by Sir John Hotham, that stood
+upon the wall; for which act he presently caused Sir John Hotham to be
+proclaimed traitor, and sent a message to the Parliament, requiring
+justice to be done upon the said Hotham, and that the town and magazine
+might be delivered into his hands. To which the Parliament made no
+answer, but instead thereof published another declaration, in which they
+omitted nothing of their former slanders against his Majesty’s
+government, but inserted certain propositions declarative of their own
+pretended right: viz. 1. That whatsoever they declare to be law, ought
+not to be questioned by the King: 2. That no precedents can be limits to
+bound their proceedings: 3. That a Parliament, for the public good, may
+dispose of anything wherein the King or subject hath a right; and that
+they, without the King, are this Parliament, and the judge of this
+public good, and that the King’s consent is not necessary: 4. That no
+member of either House ought to be troubled for treason, felony, or any
+other crime, unless the cause be first brought before the Parliament,
+that they may judge of the fact and give leave to proceed, if they see
+cause: 5. That the sovereign power resides in both Houses, and that the
+King ought to have no negative voice: 6. That the levying of forces
+against the personal commands of the King (though accompanied with his
+presence) is not levying war against the King, but the levying war
+against his laws and authority (which they have power to declare and
+signify), though not against his person, is levying war against the
+King; and that treason cannot be committed against his person, otherwise
+than as he is entrusted with the kingdom and discharging that trust; and
+that they have a power to judge whether he discharge this trust or not:
+7. That they may depose the King when they will.
+
+_B._ This is plain dealing and without hypocrisy. Could the city of
+London swallow this?
+
+_A._ Yes; and more too, if need be. London, you know, has a great belly,
+but no palate nor taste of right and wrong. In the Parliament-roll of
+Henry IV, amongst the articles of the oath the King at his coronation
+took, there is one runs thus: _Concedes justas leges et consuetudines
+esse tenendas; et promittes per te eas esse protegendas, et ad honorem
+Dei corroborandas, quas vulgus elegerit_. Which the Parliament urged for
+their legislative authority, and therefore interpret _quas vulgus
+elegerit_, which the people shall choose; as if the King should swear to
+protect and corroborate laws before they were made, whether they be good
+or bad; whereas the words signify no more, but that he shall protect and
+corroborate such laws as they have chosen, that is to say, the Acts of
+Parliament then in being. And in the records of the Exchequer it is
+thus: _Will you grant to hold and keep the laws and rightful customs
+which the commonalty of this your kingdom have, and will you defend and
+uphold them? &c._ And this was the answer his Majesty made to that
+point.
+
+_B._ And I think this answer very full and clear. But if the words were
+to be interpreted in the other sense, yet I see no reason why the King
+should be bound to swear to them. For Henry IV came to the Crown by the
+votes of a Parliament not much inferior in wickedness to this Long
+Parliament, that deposed and murdered their lawful King; saving that it
+was not the Parliament itself, but the usurper that murdered King
+Richard II.
+
+_A._ About a week after, in the beginning of May, the Parliament sent
+the King another paper, which they styled the humble petition and advice
+of both Houses, containing nineteen propositions; which when you shall
+hear, you shall be able to judge what power they meant to leave to the
+King more than to any one of his subjects. The first of them is this:
+
+1. That the Lords and others of his Majesty’s privy-council, and all
+great officers of state, both at home and abroad, be put from their
+employments and from his council, save only such as should be approved
+of by both Houses of Parliament; and none put into their places but by
+approbation of the said Houses. And that all privy-councillors take an
+oath for the due execution of their places, in such form as shall be
+agreed upon by the said Houses.
+
+2. That the great affairs of the kingdom be debated, resolved, and
+transacted only in Parliament; and such as shall presume to do any thing
+to the contrary, be reserved to the censure of the Parliament; and such
+other matters of the state as are proper for his Majesty’s
+privy-council, shall be debated and concluded by such as shall from time
+to time be chosen for that place by both Houses of Parliament; and that
+no public act concerning the affairs of the kingdom, which is proper for
+his Majesty’s privy-council, be esteemed valid, as proceeding from the
+royal authority, unless it be done by the advice and consent of the
+major part of the council, attested under their hands; and that the
+council be not more than twenty-five, nor less than fifteen; and that
+when a councillor’s place falls void in the interval of Parliament, it
+shall not be supplied without the assent of the major part of the
+council; and that such choice also shall be void, if the next Parliament
+after confirm it not.
+
+3. That the Lord High Steward of England, Lord High Constable, Lord
+Chancellor, or Lord Keeper of the Great Seal, Lord Treasurer, Lord
+Privy-Seal, Earl Marshal, Lord Admiral, Warden of the Cinque Ports,
+Chief Governor of Ireland, Chancellor of the Exchequer, Master of the
+Wards, Secretaries of State, two Chief Justices and Chief Baron, be
+always chosen with the approbation of both Houses of Parliament; and in
+the intervals of Parliament, by the major part of the privy-council.
+
+4. That the government of the King’s children shall be committed to such
+as both Houses shall approve of; and in the intervals of Parliament,
+such as the privy-council shall approve of; that the servants then about
+them, against whom the Houses have just exception, should be removed.
+
+5. That no marriage be concluded or treated of for any of the King’s
+children, without consent of Parliament.
+
+6. That the laws in force against Jesuits, priests, and popish
+recusants, be strictly put in execution.
+
+7. That the votes of Popish lords in the House of Peers be taken away,
+and that a bill be passed for the education of the children of Papists
+in the Protestant religion.
+
+8. That the King will be pleased to reform the Church-government and
+liturgy in such manner as both Houses of Parliament shall advise.
+
+9. That he would be pleased to rest satisfied with that course that the
+Lords and Commons have appointed for ordering the militia, and recal his
+declarations and proclamations against it.
+
+10. That such members as have been put out of any place or office since
+this Parliament began, may be restored, or have satisfaction.
+
+11. That all privy-councillors and judges take an oath, (the form
+whereof shall be agreed on and settled by act of Parliament), for the
+maintaining of the Petition of Right, and of certain statutes made by
+the Parliament.
+
+12. That all the judges and officers placed by approbation of both
+Houses of Parliament, may hold their places _quam diu bene se
+gesserint._
+
+13. That the justice of Parliament may pass upon all delinquents,
+whether they be within the kingdom or fled out of it; and that all
+persons cited by either House of Parliament, may appear and abide the
+censure of Parliament.
+
+14. That the general pardon offered by his Majesty, be granted with such
+exceptions as shall be advised by both Houses of Parliament.
+
+_B._ What a spiteful article was this! All the rest proceeded from
+ambition, which many times well-natured men are subject to; but this
+proceeded from an inhuman and devilish cruelty.
+
+_A._ 15. That the forts and castles be put under the command of such
+persons as, with the approbation of the Parliament, the King shall
+appoint.
+
+16. That the extraordinary guards about the King be discharged; and for
+the future none raised but according to the law, in case of actual
+rebellion or invasion.
+
+_B._ Methinks these very propositions sent to the King are an actual
+rebellion.
+
+_A._ 17. That his Majesty enter into a more strict alliance with the
+United Provinces, and other neighbour Protestant Princes and States.
+
+18. That his Majesty be pleased, by act of Parliament, to clear the Lord
+Kimbolton and the five members of the House of Commons, in such manner
+as that future Parliaments may be secured from the consequence of that
+evil precedent.
+
+19. That his Majesty be pleased to pass a bill for restraining peers
+made hereafter from sitting or voting in Parliament, unless they be
+admitted with consent of both Houses of Parliament.
+
+These propositions granted, they promise to apply themselves to regulate
+his Majesty’s revenue to his best advantage, and to settle it to the
+support of his royal dignity in honour and plenty; and also to put the
+town of Hull into such hands as his Majesty shall appoint with consent
+of Parliament.
+
+_B._ Is not that to put it into such hands as his Majesty shall appoint
+by the consent of the petitioners, which is no more than to keep it in
+their hands as it is? Did they want, or think the King wanted,
+common-sense, so as not to perceive that their promise herein was worth
+nothing?
+
+_A._ After the sending of these propositions to the King, and his
+Majesty’s refusal to grant them, they began, on both sides, to prepare
+for war. The King raised a guard for his person in Yorkshire, and the
+Parliament, thereupon having voted that the King intended to make war
+upon his Parliament, gave order for the mustering and exercising the
+people in arms, and published propositions to invite and encourage them
+to bring in either ready money or plate, or to promise under their hands
+to furnish and maintain certain numbers of horse, horsemen, and arms,
+for the defence of the King and Parliament, (meaning by King, as they
+had formerly declared, not his person, but his laws); promising to repay
+their money with interest of 8_l._ in the 100_l._ and the value of their
+plate with twelve-pence the ounce for the fashion. On the other side,
+the King came to Nottingham, and there did set up his standard royal,
+and sent out commissions of array to call those to him, which by the
+ancient laws of England were bound to serve him in the wars. Upon this
+occasion there passed divers declarations between the King and
+Parliament concerning the legality of this array, which are too long to
+tell you at this time.
+
+_B._ Nor do I desire to hear any mooting about this question. For I
+think that general law of _salus populi_, and the right of defending
+himself against those that had taken from him the sovereign power, are
+sufficient to make legal whatsoever he should do in order to the
+recovery of his kingdom, or to the punishing of the rebels.
+
+_A._ In the meantime the Parliament raised an army, and made the Earl of
+Essex general thereof; by which act they declared what they meant
+formerly, when they petitioned the King for a guard to be commanded by
+the said Earl of Essex. And now the King sends out his proclamations,
+forbidding obedience to the orders of the Parliament concerning the
+militia; and the Parliament send out orders against the execution of the
+commissions of array. Hitherto, though it were a war before, yet there
+was no blood shed; they shot at one another nothing but paper.
+
+_B._ I understand now, how the Parliament destroyed the peace of the
+kingdom; and how easily, by the help of seditious Presbyterian ministers
+and of ambitious ignorant orators, they reduced this government into
+anarchy. But I believe it will be a harder task for them to bring in
+peace again, and settle the government, either in themselves, or any
+other governor, or form of government. For, granting that they obtained
+the victory in this war, they must be beholden for it to the valour,
+good conduct, or felicity of those to whom they give the command of
+their armies; especially to the general, whose good success will,
+without doubt, draw with it the love and admiration of the soldiers; so
+that it will be in his power, either to take the government upon
+himself, or to place it where himself thinks good. In which case, if he
+take it not to himself, he will be thought a fool; and if he do, he
+shall be sure to have the envy of his subordinate commanders, who look
+for a share either in the present government, or in the succession to
+it. For they will say: “Has he obtained his power by his own, without
+our danger, valour, and counsel; and must we be his slaves, whom we have
+thus raised? Or, is not there as much justice on our side against him,
+as was on his side against the King?”
+
+_A._ They will, and did; insomuch, that it was the reason why Cromwell,
+after he had gotten into his own hands the absolute power of England,
+Scotland, and Ireland, by the name of Protector, did never dare to take
+upon him the title of King, nor was ever able to settle it upon his
+children. His officers would not suffer it, as pretending after his
+death to succeed him; nor would the army consent to it, because he had
+ever declared to them against the government of a single person.
+
+_B._ But to return to the King. What means had he to pay, what provision
+had he to arm, nay, means to levy, an army able to resist the army of
+the Parliament, maintained by the great purse of the city of London and
+contributions of almost all the towns corporate in England, and
+furnished with arms as fully as they could require?
+
+_A._ It is true, the King had great disadvantages, and yet by little and
+little he got a considerable army, with which he so prospered as to grow
+stronger every day, and the Parliament weaker, till they had gotten the
+Scotch with an army of 21,000 men to come into England to their
+assistance. But to enter into the particular narration of what was done
+in the war, I have not now time.
+
+_B._ Well then, we will talk of that at next meeting.
+
+                  ------------------------------------
+
+
+
+
+                               PART III.
+
+                               ==========
+
+_B._ We left at the preparations on both sides for war; which when I
+considered by myself, I was mightily puzzled to find out what
+possibility there was for the King to equal the Parliament in such a
+course, and what hopes he had of money, men, arms, fortified places,
+shipping, counsel, and military officers, sufficient for such an
+enterprise against the Parliament, that had men and money as much at
+command, as the city of London, and other corporation towns, were able
+to furnish, which was more than they needed. And for the men they should
+set forth for soldiers, they were almost all of them spitefully bent
+against the King and his whole party, whom they took to be either
+papists, or flatterers of the King, or that had designed to raise their
+fortunes by the plunder of the city and other corporation towns. And
+though I believe not that they were more valiant than other men, nor
+that they had so much experience in the war as to be accounted good
+soldiers; yet they had that in them, which in time of battle is more
+conducing to victory than valour and experience both together; and that
+was spite.
+
+And for arms, they had in their hands the chief magazines, the Tower of
+London, and the town of Kingston-upon-Hull; besides most of the powder
+and shot that lay in several towns for the use of the trained bands.
+
+Fortified places, there were not many then in England, and most of them
+in the hands of the Parliament.
+
+The King’s fleet was wholly in their command, under the Earl of Warwick.
+
+Counsellors, they needed no more than such as were of their own body.
+
+So that the King was every way inferior to them, except it were,
+perhaps, in officers.
+
+_A._ I cannot compare their chief officers. For the Parliament, the Earl
+of Essex, after the Parliament had voted the war, was made general of
+all their forces both in England and Ireland, from whom all other
+commanders were to receive their commissions.
+
+_B._ What moved them to make general the Earl of Essex? And for what
+cause was the Earl of Essex so displeased with the King, as to accept
+that office?
+
+_A._ I do not certainly know what to answer to either of those
+questions; but the Earl of Essex had been in the wars abroad, and wanted
+neither experience, judgment, nor courage, to perform such an
+undertaking. And besides that, you have heard, I believe, how great a
+darling of the people his father had been before him, and what honour he
+had gotten by the success of his enterprise upon Calais, and in some
+other military actions. To which I may add, that this Earl himself was
+not held by the people to be so great a favourite at court as that they
+might not trust him with their army against the King. And by this, you
+may perhaps conjecture the cause for which the Parliament made choice of
+him for general.
+
+_B._ But why did they think him discontented with the Court?
+
+_A._ I know not that; nor indeed that he was so. He came to the court,
+as other noblemen did, when occasion was, to wait upon the King; but had
+no office, till a little before this time, to oblige him to be there
+continually. But I believe verily, that the unfortunateness of his
+marriages, had so discountenanced his conversation with the ladies, that
+the court could not be his proper element, unless he had had some
+extraordinary favour there to balance that calamity. But for some
+particular discontent from the King, or intention of revenge for any
+supposed disgrace, I think he had none, nor that he was any ways
+addicted to Presbyterian doctrines, or other fanatic tenets in Church or
+State; saving only that he was carried away with the stream, in a
+manner, of the whole nation, to think that England was not an absolute,
+but a mixed monarchy; not considering that the supreme power must always
+be absolute, whether it be in the King or in the Parliament.
+
+_B._ Who was the general of the King’s army?
+
+_A._ None yet but himself; nor indeed had he yet any army. But there
+coming to him at that time his two nephews, the Princes Rupert and
+Maurice, he put the command of his horse into the hands of Prince
+Rupert, a man than whom no man living has a better courage, nor was more
+active and diligent in prosecuting his commissions; and, though but a
+young man then, was not without experience in the conducting of
+soldiers, as having been an actor in part of his father’s wars in
+Germany.
+
+_B._ But how could the King find money to pay such an army as was
+necessary for him against the Parliament?
+
+_A._ Neither the King nor Parliament had much money at that time in
+their own hands, but were fain to rely upon the benevolence of those
+that took their parts. Wherein, I confess, the Parliament had a mighty
+great advantage. Those that helped the King in that kind, were only
+lords and gentlemen, which, not approving the proceedings of the
+Parliament, were willing to undertake the payment, every one, of a
+certain number of horse; which cannot be thought any very great
+assistance, the persons that payed them being so few. For other moneys
+that the King then had, I have not heard of any, but what he borrowed
+upon jewels in the Low Countries. Whereas the Parliament had a very
+plentiful contribution, not only from London, but generally from their
+faction in all other places of England, upon certain propositions,
+published by the Lords and Commons in June 1642, (at what time they had
+newly voted that the King intended to make war upon them), for bringing
+in of money or plate to maintain horse and horsemen, and to buy arms for
+the preservation of the public peace, and for the defence of the King
+and both Houses of Parliament; for the re-payment of which money and
+plate, they were to have the public faith.
+
+_B._ What public faith is there, when there is no public? What is it
+that can be called public, in a civil war, without the King?
+
+_A._ The truth is, the security was nothing worth, but served well
+enough to gull those seditious blockheads, that were more fond of change
+than either of their peace or profit.
+
+Having by this means gotten contributions from those that were
+well-affected to their cause, they made use of it afterwards to force
+the like contribution from others. For in November following, they made
+an ordinance for assessing also of those that had not contributed then,
+or had contributed, but not proportionably to their estates. And yet
+this was contrary to what the Parliament promised and declared in the
+propositions themselves. For they declared, in the first proposition,
+that no man’s affections should be measured by the proportion of his
+offer, so that he expressed his good will to the service in any
+proportion whatsoever.
+
+Besides this, in the beginning of March following, they made an
+ordinance, to levy weekly a great sum of money upon every county, city,
+town, place, and person of any estate almost, in England; which weekly
+sum, as may appear by the ordinance itself, printed and published in
+March 1642 by order of both Houses, comes to almost 33,000_l._, and
+consequently to above 1,700,000_l._ for the year. They had, besides all
+this, the profits of the King’s lands and woods, and whatsoever was
+remaining unpaid of any subsidy formerly granted him, and the tonnage
+and poundage usually received by the King; besides the profit of the
+sequestrations of great persons, whom they pleased to vote delinquents,
+and the profits of the bishops' lands, which they took to themselves a
+year, or a little more, after.
+
+_B._ Seeing then the Parliament had such advantage of the King in money
+and arms and multitude of men, and had in their hands the King’s fleet,
+I cannot imagine what hope the King could have, either of victory
+(unless he resigned into their hands the sovereignty), or subsisting.
+For I cannot well believe he had any advantage of them either in
+counsellors, conductors, or in the resolutions of his soldiers.
+
+_A._ On the contrary, I think he had also some disadvantage in that; for
+though he had as good officers at least as any then served the
+Parliament, yet I doubt he had not so useful counsel as was necessary.
+And for his soldiers, though they were men as stout as theirs, yet,
+because their valour was not sharpened so with malice as theirs was on
+the other side, they fought not so keenly as their enemies did: amongst
+whom there were a great many London apprentices, who, for want of
+experience in the war, would have been fearful enough of death and
+wounds approaching visibly in glistering swords; but, for want of
+judgment, scarce thought of such death as comes invisibly in a bullet,
+and therefore were very hardly to be driven out of the field.
+
+_B._ But what fault do you find in the King’s counsellors, lords, and
+other persons of quality and experience?
+
+_A._ Only that fault, which was generally in the whole nation, which
+was, that they thought the government of England was not an absolute,
+but a mixed monarchy; and that if the King should clearly subdue this
+Parliament, that his power would be what he pleased, and theirs as
+little as he pleased: which they counted tyranny. This opinion, though
+it did not lessen their endeavour to gain the victory for the King in a
+battle, when a battle could not be avoided, yet it weakened their
+endeavour to procure him an absolute victory in the war. And for this
+cause, notwithstanding that they saw that the Parliament was firmly
+resolved to take all kingly power whatsoever out of his hands, yet their
+counsel to the King was upon all occasions, to offer propositions to
+them of treaty and accommodation, and to make and publish declarations;
+which any man might easily have foreseen would be fruitless; and not
+only so, but also of great disadvantage to those actions by which the
+King was to recover his crown and preserve his life. For it took off the
+courage of the best and forwardest of his soldiers, that looked for
+great benefit by their service out of the estates of the rebels, in case
+they could subdue them; but none at all, if the business should be ended
+by a treaty.
+
+_B._ And they had reason: for a civil war never ends by treaty, without
+the sacrifice of those who were on both sides the sharpest. You know
+well enough how things passed at the reconciliation of Augustus and
+Antonius in Rome. But I thought that after they once began to levy
+soldiers one against another, that they would not any more have returned
+of either side to declarations, or other paper war, which, if it could
+have done any good, would have done it long before this.
+
+_A._ But seeing the Parliament continued writing, and set forth their
+declarations to the people against the lawfulness of the King’s
+commission of array, and sent petitions to the King as fierce and
+rebellious as ever they had done before, demanding of him that he would
+disband his soldiers, and come up to the Parliament, and leave those
+whom the Parliament called delinquents (which were none but the King’s
+best subjects) to their mercy, and pass such bills as they should advise
+him; would you not have the King set forth declarations and
+proclamations against the illegality of their ordinances, by which they
+levied soldiers against him, and answer those insolent petitions of
+theirs?
+
+_B._ No; it had done him no good before, and therefore was not likely to
+do him any afterwards. For the common people, whose hands were to decide
+the controversy, understood not the reasons of either party; and for
+those that by ambition were once set upon the enterprise of changing the
+government, they cared not much what was reason and justice in the
+cause, but what strength they might procure by reducing the multitude
+with remonstrances from the Parliament House, or by sermons in the
+churches. And to their petitions, I would not have had any answer made
+at all, more than this; that if they would disband their army, and put
+themselves upon his mercy, they should find him more gracious than they
+expected.
+
+_A._ That had been a gallant answer indeed, if it had proceeded from him
+after some extraordinary great victory in battle, or some extraordinary
+assurance of a victory at last in the whole war.
+
+_B._ Why, what could have happened to him worse than at length he
+suffered, notwithstanding his gentle answers and all his reasonable
+declarations?
+
+_A._ Nothing; but who knew that?
+
+_B._ Any man might see that he was never likely to be restored to his
+right without victory: and such his stoutness being known to the people,
+would have brought to his assistance many more hands than all the
+arguments of law or force of eloquence, couched in declarations and
+other writings, could have done by far. And I wonder what kind of men
+they were, that hindered the King from taking this resolution?
+
+_A._ You may know by the declarations themselves, which are very long
+and full of quotations of records and of cases formerly reported, that
+the penners of them were either lawyers by profession, or such gentlemen
+as had the ambition to be thought so. Besides, I told you before, that
+those which were then likeliest to have their counsel asked in this
+business, were averse to absolute monarchy, as also to absolute
+democracy or aristocracy; all which governments they esteemed tyranny,
+and were in love with monarchy which they used to praise by the name of
+mixed monarchy, though it were indeed nothing else but pure anarchy. And
+those men, whose pens the King most used in these controversies of law
+and politics, were such, if I have not been misinformed, as having been
+members of this Parliament, had declaimed against ship-money and other
+extra-parliamentary taxes, as much as any; but who when they saw the
+Parliament grow higher in their demands than they thought they would
+have done, went over to the King’s party.
+
+_B._ Who were those?
+
+_A._ It is not necessary to name any man, seeing I have undertaken only
+a short narration of the follies and other faults of men during this
+trouble; but not, by naming the persons, to give you, or any man else,
+occasion to esteem them the less, now that the faults on all sides have
+been forgiven.
+
+_B._ When the business was brought to this height, by levying of
+soldiers and seizing of the navy and arms and other provisions on both
+sides, that no man was so blind as not to see they were in an estate of
+war one against another; why did not the King, by proclamation or
+message, according to his undoubted right, dissolve the Parliament, and
+thereby diminish in some part the authority of their levies, and of
+other their unjust ordinances?
+
+_A._ You have forgotten that I told you, that the King himself, by a
+bill that he passed at the same time when he passed the bill for the
+execution of the Earl of Strafford, had given them authority to hold the
+Parliament till they should by consent of both Houses dissolve
+themselves. If therefore he had, by any proclamation or message to the
+Houses, dissolved them, they would to their former defamations of his
+Majesty’s actions have added this, that he was a breaker of his word:
+and not only in contempt of him have continued their session, but also
+have made an advantage of it to the increase and strengthening of their
+own party.
+
+_B._ Would not the King’s raising of an army against them be interpreted
+as a purpose to dissolve them by force? And was it not as great a breach
+of promise to scatter them by force, as to dissolve them by
+proclamation? Besides, I cannot conceive that the passing of that act
+was otherwise intended than conditionally; so long as they should not
+ordain any thing contrary to the sovereign right of the King; which
+condition they had already by many of their ordinances broken. And I
+think that even by the law of equity, which is the unalterable law of
+nature, a man that has the sovereign power, cannot, if he would, give
+away the right of anything which is necessary for him to retain for the
+good government of his subjects, unless he do it in express words,
+saying, that he will have the sovereign power no longer. For the giving
+away that, which by consequence only, draws the sovereignty along with
+it, is not, I think, a giving away of the sovereignty; but an error,
+such as works nothing but an invalidity in the grant itself. And such
+was the King’s passing of this bill for the continuing of the Parliament
+as long as the two Houses pleased. But now that the war was resolved on
+on both sides, what needed any more dispute in writing?
+
+_A._ I know not what need they had. But on both sides they thought it
+needful to hinder one another, as much as they could, from levying of
+soldiers; and, therefore, the King did set forth declarations in print,
+to make the people know that they ought not to obey the officers of the
+new militia set up by ordinance of Parliament, and also to let them see
+the legality of his own commissions of array. And the Parliament on
+their part did the like, to justify to the people the said ordinance,
+and to make the commission of array appear unlawful.
+
+_B._ When the Parliament were levying of soldiers, was it not lawful for
+the King to levy soldiers to defend himself and his right, though there
+had been no other title for it but his own preservation, and that the
+name of commission of array had never before been heard of?
+
+_A._ For my part, I think there cannot be a better title for war, than
+the defence of a man’s own right. But the people, at that time, thought
+nothing lawful for the King to do, for which there was not some statute
+made by Parliament. For the lawyers, I mean the judges of the courts at
+Westminster, and some few others, though but advocates, yet of great
+reputation for their skill in the common-laws and statutes of England,
+had infected most of the gentry of England with their maxims and cases
+prejudged, which they call precedents; and made them think so well of
+their own knowledge in the law, that they were very glad of this
+occasion to shew it against the King, and thereby to gain a reputation
+with the Parliament of being good patriots, and wise statesmen.
+
+_B._ What was this commission of array?
+
+_A._ King William the Conqueror had gotten into his hands by victory all
+the land in England, of which he disposed some part as forests and
+chases for his recreation, and some part to lords and gentlemen that had
+assisted him or were to assist him in the wars. Upon which he laid a
+charge of service in his wars, some with more men, and some with less,
+according to the lands he had given them: whereby, when the King sent
+men unto them with commission to make use of their service, they were
+obliged to appear with arms, and to accompany the King to the wars for a
+certain time at their own charges: and such were the commissions by
+which this King did then make his levies.
+
+_B._ Why then was it not legal?
+
+_A._ No doubt but it was legal. But what did that amount to with men,
+that were already resolved to acknowledge for law nothing that was
+against their design of abolishing monarchy, and placing a sovereign and
+absolute arbitrary power in the House of Commons.
+
+_B._ To destroy monarchy, and set up the House of Commons, are two
+businesses.
+
+_A._ They found it so at last, but did not think it so then.
+
+_B._ Let us now come to the military part.
+
+_A._ I intended only the story of their injustice, impudence, and
+hypocrisy; therefore, for the proceeding of the war, I refer you to the
+history thereof written at large in English. I shall only make use of
+such a thread as is necessary for the filling up of such knavery, and
+folly also, as I shall observe in their several actions.
+
+From York the King went to Hull, where was his magazine of arms for the
+northern parts of England, to try if they would admit him. The
+Parliament had made Sir John Hotham governor of the town, who caused the
+gates to be shut, and presenting himself upon the walls flatly denied
+him entrance: for which the King caused him to be proclaimed traitor,
+and sent a message to the Parliament to know if they owned the action.
+
+_B._ Upon what grounds?
+
+_A._ Their pretence was this; that neither this nor any other town in
+England was otherwise the King’s, than in trust for the people of
+England.
+
+_B._ But what was that to the Parliament?
+
+_A._ Yes, say they; for we are the representatives of the people of
+England.
+
+_B._ I cannot see the force of this argument: we represent the people,
+_ergo_, all that the people has is ours. The mayor of Hull did represent
+the King. Is therefore all that the King had in Hull, the mayor’s? The
+people of England may be represented with limitations, as to deliver a
+petition or the like. Does it follow that they, who deliver the
+petition, have right to all the towns in England? When began this
+Parliament to be a representative of England? Was it not November 3,
+1640? Who was it the day before, that is November 2, that had the right
+to keep the King out of Hull and possess it for themselves? For there
+was then no Parliament. Whose was Hull then?
+
+_A._ I think it was the King’s, not only because it was called the
+King’s town upon Hull, but because the King himself did then and ever
+represent the person of the people of England. If he did not, who then
+did, the Parliament having no being?
+
+_B._ They might perhaps say, the people had then no representative.
+
+_A._ Then there was no commonwealth; and consequently, all the towns of
+England being the people’s, you, and I, and any man else, might have put
+in for his share. You may see by this what weak people they were, that
+were carried into the rebellion by such reasoning as the Parliament
+used, and how impudent they were that did put such fallacies upon them.
+
+_B._ Surely they were such as were esteemed the wisest men in England,
+being upon that account chosen to be of the Parliament.
+
+_A._ And were they also esteemed the wisest men of England, that chose
+them?
+
+_B._ I cannot tell that. For I know it is usual with the freeholders in
+the counties, and the tradesmen in the cities and boroughs, to choose,
+as near as they can, such as are most repugnant to the giving of
+subsidies.
+
+_A._ The King in the beginning of August, after he had summoned Hull,
+and tried some of the counties thereabout what they would do for him,
+sets up his standard at Nottingham; but there came not in thither men
+enough to make an army sufficient to give battle to the Earl of Essex.
+From thence he went to Shrewsbury, where he was quickly furnished; and
+appointing the Earl of Lindsey to be general, he resolved to march
+towards London. The Earl of Essex was now at Worcester with the
+Parliament’s army, making no offer to stop him in his passage; but as
+soon as he was gone by, marched close after him.
+
+The King, therefore, to avoid being enclosed between the army of the
+Earl of Essex and the city of London, turned upon him and gave him
+battle at Edgehill: where though he got not an entire victory, yet he
+had the better, if either had the better; and had certainly the fruit of
+a victory, which was to march on in his intended way towards London: in
+which the next morning he took Banbury-castle, and from thence went to
+Oxford, and thence to Brentford, where he gave a great defeat to three
+regiments of the Parliament’s forces, and so returned to Oxford.
+
+_B._ Why did not the King go on from Brentford?
+
+_A._ The Parliament, upon the first notice of the King’s marching from
+Shrewsbury, caused all the trained-bands and the auxiliaries of the city
+of London (which was so frightened as to shut up all their shops) to be
+drawn forth; so that there was a most complete and numerous army ready
+for the Earl of Essex, that was crept into London just at the time to
+head it. And this was it that made the King retire to Oxford. In the
+beginning of February after, Prince Rupert took Cirencester from the
+Parliament, with many prisoners and many arms: for it was newly made a
+magazine. And thus stood the business between the King’s and the
+Parliament’s greatest forces. The Parliament in the meantime caused a
+line of communication to be made about London and the suburbs, of twelve
+miles in compass; and constituted a committee for the association, and
+the putting into a posture of defence, of the counties of Essex,
+Cambridge, Suffolk, and some others; and one of these commissioners was
+Oliver Cromwell, from which employment he came to his following
+greatness.
+
+_B._ What was done during this time in other parts of the country?
+
+_A._ In the west, the Earl of Stamford had the employment of putting in
+execution the ordinance of Parliament for the militia; and Sir Ralph
+Hopton for the King executed the commission of array. Between these two
+was fought a battle at Liskeard in Cornwall, wherein Sir Ralph Hopton
+had the victory, and presently took a town called Saltash, with many
+arms and much ordnance and many prisoners. Sir William Waller in the
+meantime seized Winchester and Chichester for the Parliament. In the
+north, for the commission of array, my Lord of Newcastle, and for the
+militia of the Parliament was my Lord Fairfax. My Lord of Newcastle took
+from the Parliament Tadcaster, in which were a great part of the
+Parliament’s forces for that country, and had made himself, in a manner,
+master of all the north. About this time, that is to say in February,
+the Queen landed at Burlington, and was conducted by my Lord of
+Newcastle and the Marquis of Montrose to York, and not long after to the
+King. Divers other little advantages, besides these, the King’s party
+had of the Parliament’s in the north.
+
+There happened also between the militia of the Parliament and the
+Commission of Array in Staffordshire, under my Lord Brook for the
+Parliament and my Lord of Northampton for the King, great contention,
+wherein both these commanders were slain. For my Lord Brook, besieging
+Litchfield-Close, was killed with a shot; notwithstanding which they
+gave not over the siege till they were masters of the Close. But
+presently after, my Lord of Northampton besieged it again for the King;
+which to relieve, Sir William Brereton and Sir John Gell advanced
+towards Litchfield, and were met at Hopton Heath by the Earl of
+Northampton, and routed. The Earl himself was slain; but his forces with
+victory returned to the siege again; and shortly after, seconded by
+Prince Rupert, who was then abroad in that country, carried the place.
+These were the chief actions of this year, 1642; wherein the King’s
+party had not much the worse.
+
+_B._ But the Parliament had now a better army; insomuch that if the Earl
+of Essex had immediately followed the King to Oxford, not yet well
+fortified, he might in all likelihood have taken it. For he could not
+want either men or ammunition, whereof the city of London, which was
+wholly at the Parliament’s devotion, had store enough.
+
+_A._ I cannot judge of that. But this is manifest, considering the
+estate the King was in at his first marching from York, when he had
+neither money nor men nor arms enough to put them in hope of victory,
+that this year, take it altogether, was very prosperous.
+
+_B._ But what great folly or wickedness do you observe in the
+Parliament’s actions for this first year?
+
+_A._ All that can be said against them in that point, will be excused
+with the pretext of war, and come under one name of rebellion; saving
+that when they summoned any town, it was always in the name of King and
+Parliament, the King being in the contrary army, and many times beating
+them from the siege. I do not see how the right of war can justify such
+impudence as that. But they pretended that the King was always virtually
+in the two Houses of Parliament; making a distinction between his person
+natural and politic; which made the impudence the greater, besides the
+folly of it. For this was but an university quibble, such as boys make
+use of in maintaining in the schools such tenets as they cannot
+otherwise defend.
+
+In the end of this year they solicited also the Scots to enter England
+with an army, to suppress the power of the Earl of Newcastle in the
+North; which was a plain confession, that the Parliament’s forces were,
+at this time, inferior to the King’s. And most men thought, that if the
+Earl of Newcastle had then marched southward, and joined his forces with
+the King’s, most of the members of Parliament would have fled out of
+England.
+
+In the beginning of 1643 the Parliament, seeing the Earl of Newcastle’s
+power in the North grown so formidable, sent to the Scots to hire them
+to an invasion of England, and (to compliment them in the meantime) made
+a covenant amongst themselves, such as the Scots had before taken
+against episcopacy, and demolished crosses and church-windows, such as
+had in them any images of saints, throughout all England. Also in the
+middle of the year, they made a solemn league with the nation, which was
+called the Solemn League and Covenant.
+
+_B._ Are not the Scots as properly to be called foreigners as the Irish?
+Seeing then they persecuted the Earl of Strafford even to death, for
+advising the King to make use of Irish forces against the Parliament,
+with what face could they call in a Scotch army against the King?
+
+_A._ The King’s party might easily here have discerned their design, to
+make themselves absolute masters of the kingdom and to dethrone the
+King. Another great impudence, or rather a bestial incivility, it was of
+theirs, that they voted the Queen a traitor, for helping the King with
+some ammunition and English forces from Holland.
+
+_B._ Was it possible that all this could be done, and men not see that
+papers and declarations must be useless; and that nothing could satisfy
+them but the deposing of the King, and setting up of themselves in his
+place?
+
+_A._ Yes; very possible. For who was there of them, though knowing that
+the King had the sovereign power, that knew the essential rights of
+sovereignty? They dreamt of a mixed power, of the King and the two
+Houses. That it was a divided power, in which there could be no peace,
+was above their understanding. Therefore they were always urging the
+King to declarations and treaties, for fear of subjecting themselves to
+the King in an absolute obedience; which increased the hope and courage
+of the rebels, but did the King little good. For the people either
+understand not, or will not trouble themselves with controversies in
+writing, but rather, by his compliance and messages, go away with an
+opinion that the Parliament was likely to have the victory in the war.
+Besides, seeing the penners and contrivers of these papers were formerly
+members of the Parliament, and of another mind, and now revolted from
+the Parliament because they could not bear that sway in the House which
+they expected, men were apt to think they believed not what they writ.
+
+As for military actions (to begin at the head quarters) Prince Rupert
+took Birmingham, a garrison of the Parliament’s. In July after, the
+King’s forces had a great victory over the Parliament’s, near Devizes on
+Roundway-Down, where they took 2,000 prisoners, four brass pieces of
+ordnance, twenty-eight colours, and all their baggage; and shortly
+after, Bristol was surrendered to Prince Rupert for the King; and the
+King himself marching into the west, took from the Parliament many other
+considerable places.
+
+But this good fortune was not a little allayed by his besieging of
+Gloucester, which after it was reduced to the last gasp, was relieved by
+the Earl of Essex; whose army was before greatly wasted, but now
+suddenly recruited with the trained bands and apprentices of London.
+
+_B._ It seems not only by this, but also by many examples in history,
+that there can hardly arise a long or dangerous rebellion, that has not
+some such overgrown city with an army or two in its belly to foment it.
+
+_A._ Nay more; those great capital cities, when rebellion is upon
+pretence of grievances, must needs be of the rebel party: because the
+grievances are but taxes, to which citizens, that is, merchants, whose
+profession is their private gain, are naturally mortal enemies; their
+only glory being to grow excessively rich by the wisdom of buying and
+selling.
+
+_B._ But they are said to be of all callings the most beneficial to the
+commonwealth, by setting the poorer sort of people on work.
+
+_A._ That is to say, by making poor people sell their labour to them at
+their own prices; so that poor people, for the most part, might get a
+better living by working in Bridewell, than by spinning, weaving, and
+other such labour as they can do; saving that by working slightly they
+may help themselves a little, to the disgrace of our manufacture. And as
+most commonly they are the first encouragers of rebellion, presuming of
+their strength; so also are they, for the most part, the first to
+repent, deceived by them that command their strength.
+
+But to return to the war; though the King withdrew from Gloucester, yet
+it was not to fly from, but to fight with the Earl of Essex, which
+presently after he did at Newbury, where the battle was bloody, and the
+King had not the worst, unless Cirencester be put into the scale, which
+the Earl of Essex had in his way a few days before surprised.
+
+But in the north and the west, the King had much the better of the
+Parliament. For in the north, at the very beginning of the year, March
+29th, the Earls of Newcastle and Cumberland defeated the Lord Fairfax,
+who commanded in those parts for the Parliament, at Bramham Moor; which
+made the Parliament to hasten the assistance of the Scots.
+
+In June following the Earl of Newcastle routed Sir Thomas Fairfax, son
+to the Lord Fairfax, upon Adderton Heath, and, in pursuit of them to
+Bradford, took and killed 2,000 men, and the next day took the town and
+2,000 prisoners more (Sir Thomas himself hardly escaping) with all their
+arms and ammunition; and besides this, made the Lord Fairfax quit
+Halifax and Beverley. Lastly, Prince Rupert relieved Newark, besieged by
+Sir John Meldrun for the Parliament with 7,000 men, whereof 1,000 were
+slain; the rest upon articles departed, leaving behind them their arms,
+bag and baggage.
+
+To balance in part this success, the Earl of Manchester, whose
+lieutenant-general was Oliver Cromwell, got a victory over the royalists
+near Horncastle, of whom he slew 400, took 800 prisoners and 1,000 arms,
+and presently after took and plundered the city of Lincoln.
+
+In the West, May the 16th, Sir Ralph Hopton at Stratton, in Cornwall,
+had a victory over the Parliamentarians, wherein he took 1700 prisoners,
+thirteen brass pieces of ordnance, and all their ammunition, which was
+seventy barrels of powder; and the magazine of their other provisions in
+the town.
+
+Again at Lansdown, between Sir Ralph Hopton and the Parliamentarians
+under Sir William Waller, was fought a fierce battle, wherein the
+victory was not very clear on either side; saving that the
+Parliamentarians might seem to have the better, because presently after
+Sir William Waller followed Sir Ralph Hopton to Devizes, in Wiltshire,
+though to his cost; for there he was overthrown, as I have already told
+you.
+
+After this the King in person marched into the West, and took Exeter,
+Dorchester, Barnstable, and divers other places; and had he not at his
+return besieged Gloucester, and thereby given the Parliament time for
+new levies, it was thought by many he might have routed the House of
+Commons. But the end of this year was more favourable to the Parliament.
+For in January the Scots entered England, and, March the 1st, crossed
+the Tyne; and whilst the Earl of Newcastle was marching to them, Sir
+Thomas Fairfax gathered together a considerable party in Yorkshire, and
+the Earl of Manchester from Lyn advanced towards York; so that the Earl
+of Newcastle having two armies of the rebels behind him, and another
+before him, was forced to retreat to York; which those three armies
+joining presently besieged. And these are all the considerable military
+actions of the year 1643.
+
+In the same year the Parliament caused to be made a new Great Seal. The
+Lord Keeper had carried the former seal to Oxford. Hereupon the King
+sent a messenger to the judges at Westminster, to forbid them to make
+use of it. This messenger was taken, and condemned at a council of war,
+and hanged for a spy.
+
+_B._ Is that the law of war?
+
+_A._ I know not: but it seems, when a soldier comes into the enemies'
+quarters without address or notice given to the chief commander, that it
+is presumed he comes as a spy. The same year, when certain gentlemen at
+London received a commission of array from the King to levy men for his
+service in that city, being discovered, they were condemned, and some of
+them executed. This case is not much unlike the former.
+
+_B._ Was not the making of a new Great Seal a sufficient proof that the
+war was raised, not to remove evil counsellors from the King, but to
+remove the King himself from the government? What hope then could there
+be had in messages and treaties?
+
+_A._ The entrance of the Scots was a thing unexpected to the King, who
+was made to believe by continual letters from his commissioner in
+Scotland, Duke Hamilton, that the Scotch never intended any invasion.
+The Duke being then at Oxford, the King, assured that the Scotch were
+now entered, sent him prisoner to Pendennis Castle in Cornwall.
+
+In the beginning of the year 1644, the Earl of Newcastle being, as I
+told you, besieged by the joint forces of the Scots, the Earl of
+Manchester and Sir Thomas Fairfax, the King sent Prince Rupert to
+relieve the town, and as soon as he could to give the enemy battle.
+Prince Rupert passing through Lancashire, and by the way having stormed
+that seditious town of Bolton, and taken Stockford and Liverpool, came
+to York July the 1st, and relieved it; the enemy being risen thence to a
+place called Marston Moor, about four miles off; and there was fought
+that unfortunate battle, which lost the King in a manner all the north.
+Prince Rupert returned by the way he came, and the Earl of Newcastle to
+York, and thence with some of his officers over the sea to Hamburgh.
+
+The honour of this victory was attributed chiefly to Oliver Cromwell,
+the Earl of Manchester’s lieutenant-general. The Parliamentarians
+returned from the field to the siege of York, which not long after, upon
+honourable articles, was surrendered; not that they were favoured, but
+because the Parliament employed not much time nor many men in sieges.
+
+_B._ This was a great and sudden abatement of the King’s prosperity.
+
+_A._ It was so; but amends was made him for it within five or six weeks
+after. For Sir William Waller, after the loss of his army at
+Roundway-Down, had another raised for him by the city of London; who for
+the payment thereof imposed a weekly tax of the value of one meal’s meat
+upon every citizen. This army, with that of the Earl of Essex, intended
+to besiege Oxford; which the King understanding, sent the Queen into the
+west, and marched himself towards Worcester. This made them to divide
+again, and the Earl to go into the west, and Waller to pursue the King.
+By this means, as it fell out, both their armies were defeated. For the
+King turned upon Waller, routed him at Cropredy-bridge, took his train
+of artillery and many officers; and then presently followed the Earl of
+Essex into Cornwall, where he had him at such advantage, that the Earl
+himself was fain to escape in a small boat to Plymouth; his horse broke
+through the King’s quarters by night, but the infantry were all forced
+to lay down their arms, and upon condition never more to bear arms
+against the King were permitted to depart.
+
+In October following was fought a second and sharp battle at Newbury.
+For this infantry, making no conscience of the conditions made with the
+King, being now come towards London as far as Basingstoke, had arms put
+again into their hands; to whom some of the trained-bands being added,
+the Earl of Essex had suddenly so great an army, that he attempted the
+King again at Newbury; and certainly had the better of the day, but the
+night parting them, had not a complete victory. And it was observed
+here, that no part of the Earl’s army fought so keenly as they who had
+laid down their arms in Cornwall.
+
+These were the most important fights in the year 1644, and the King was
+yet, as both himself and others thought, in as good condition as the
+Parliament, which despaired of victory by the commanders they then used.
+Therefore they voted a new modelling of the army, suspecting the Earl of
+Essex, though I think wrongfully, to be too much a royalist, for not
+having done so much as they looked for in this second battle at Newbury.
+The Earls of Essex and Manchester, perceiving what they went about,
+voluntarily laid down their commissions; and the House of Commons made
+an ordinance, that no member of either House should enjoy any office or
+command, military or civil; with which oblique blow they shook off those
+that had hitherto served them too well. And yet out of this ordinance
+they excepted Oliver Cromwell, in whose conduct and valour they had very
+great confidence (which they would not have done, if they had known him
+as well then as they did afterwards), and made him lieutenant-general to
+Sir Thomas Fairfax, their new-made general. In the commission to the
+Earl of Essex, there was a clause for the preservation of his Majesty’s
+person, which in this new commission was left out; though the Parliament
+as well as the general were as yet Presbyterian.
+
+_B._ It seems the Presbyterians also in order to their ends would fain
+have had the King murdered.
+
+_A._ For my part I doubt it not. For a rightful king living, an usurping
+power can never be sufficiently secured.
+
+In this same year the Parliament put to death Sir John Hotham and his
+son, for tampering with the Earl of Newcastle about the rendition of
+Hull; and Sir Alexander Carew, for endeavouring to deliver up Plymouth,
+where he was governor for the Parliament; and the Archbishop of
+Canterbury, for nothing but to please the Scots; for the general article
+of going about to subvert the fundamental laws of the land, was no
+accusation, but only foul words. They then also voted down the Book of
+Common-prayer, and ordered the use of a Directory, which had been newly
+composed by an Assembly of Presbyterian ministers. They were also then,
+with much ado, prevailed with for a treaty with the King at Uxbridge;
+where they remitted nothing of their former demands. The King had also
+at this time a Parliament at Oxford, consisting of such discontented
+members as had left the Houses at Westminster; but few of them had
+changed their old principles, and therefore that Parliament was not much
+worth. Nay rather, because they endeavoured nothing but messages and
+treaties, that is to say, defeating of the soldiers' hope of benefit by
+the war, they were thought by most men to do the King more hurt than
+good.
+
+The year 1645 was to the King very unfortunate; for by the loss of one
+great battle, he lost all he had formerly gotten, and at length his
+life. The new modelled army, after consultation whether they should lay
+siege to Oxford or march westward to the relief of Taunton, (then
+besieged by the Lord Goring, and defended by Blake, famous afterwards
+for his actions at sea), resolved for Taunton; leaving Cromwell to
+attend the motions of the King, though not strong enough to hinder him.
+The King upon this advantage drew his forces and artillery out of
+Oxford. This made the Parliament to call back their general, Fairfax,
+and order him to besiege Oxford. The King in the meantime relieved
+Chester, which was besieged by Sir William Brereton, and coming back
+took Leicester by force; a place of great importance, and well provided
+of artillery and provision.
+
+Upon this success it was generally thought that the King’s party was the
+stronger. The King himself thought so; and the Parliament in a manner
+confessed the same, by commanding Fairfax to rise from the siege, and
+endeavour to give the King battle. For the successes of the King, and
+the divisions and treacheries growing now amongst themselves, had driven
+them to rely upon the fortune of one day; in which, at Naseby, the
+King’s army was utterly overthrown, and no hope left him to raise
+another. Therefore after the battle he went up and down, doing the
+Parliament here and there some shrewd turns, but never much increasing
+his number.
+
+Fairfax in the meantime first recovered Leicester, and then marching
+into the west subdued it all, except only a few places, forcing with
+much ado my Lord Hopton upon honourable conditions to disband his army,
+and with the Prince of Wales to pass over to Scilly; whence not long
+after they went to Paris.
+
+In April 1646 General Fairfax began to march back to Oxford. In the
+meantime Rainsborough, who besieged Woodstock, had it surrendered. The
+King therefore, who was now also returned to Oxford, from whence
+Woodstock is but six miles, not doubting but that he should there by
+Fairfax be besieged, and having no army, to relieve him, resolved to get
+away disguised to the Scotch army about Newark; and thither he came the
+4th of May; and the Scotch army, being upon remove homewards, carried
+him with them to Newcastle, whither he came May 13th.
+
+_B._ Why did the King trust himself with the Scots? They were the first
+that rebelled. They were Presbyterians, that is, cruel; besides, they
+were indigent, and consequently might be suspected would sell him to his
+enemies for money. And lastly, they were too weak to defend him, or keep
+him in their country.
+
+_A._ What could he have done better? For he had in the winter before
+sent to the Parliament to get a pass for the Duke of Richmond and
+others, to bring them propositions of peace; it was denied. He sent
+again; it was denied again. Then he desired he might come to them in
+person; this also was denied. He sent again and again to the same
+purpose; but instead of granting it, they made an ordinance, that the
+commanders of the militia of London, in case the King should attempt to
+come within the line of communication, should raise what force they
+thought fit to suppress tumults, to apprehend such as came with him, and
+to secure, that is to imprison, his person from danger. If the King had
+adventured to come, and had been imprisoned, what could the Parliament
+have done with him? They had dethroned him by their votes, and therefore
+could have no security whilst he lived, though in prison. It may be they
+would not have put him to death by a high court of justice publicly, but
+secretly some other way.
+
+_B._ He should have attempted to get beyond sea.
+
+_A._ That had been from Oxford very difficult. Besides, it was generally
+believed that the Scotch army had promised him, that not only his
+Majesty, but also his friends that should come with him, should be in
+their army safe; not only for their persons, but also for their honours
+and consciences. It is a pretty trick, when the army and the particular
+soldiers of the army are different things, to make the soldiers promise
+what the army means not to perform.
+
+July the 11th the Parliament sent their propositions to the King at
+Newcastle; which propositions they pretended to be the only way to a
+settled and well grounded peace. They were brought by the Earl of
+Pembroke, the Earl of Suffolk, Sir Walter Earle, Sir John Hippisley, Mr.
+Goodwin, and Mr. Robinson; whom the King asked if they had power to
+treat; and when they said no, why they might not as well have been sent
+by a trumpeter. The propositions were the same dethroning ones which
+they used to send, and therefore the King would not assent to them. Nor
+did the Scots swallow them at first, but made some exceptions against
+them; only, it seems, to make the Parliament perceive they meant not to
+put the King into their hands gratis. And so at last the bargain was
+made between them; and upon the payment of 200,000_l._ the King was put
+into the hands of the commissioners, which the English Parliament sent
+down to receive him.
+
+_B._ What a vile complexion has this action, compounded of feigned
+religion and very covetousness, cowardice, perjury, and treachery!
+
+_A._ Now the war, that seemed to justify many unseemly things, is ended,
+you will see almost nothing else in these rebels but baseness and
+falseness besides their folly.
+
+By this time the Parliament had taken in all the rest of the King’s
+garrisons; whereof the last was Pendennis Castle, whither Duke Hamilton
+had been sent prisoner by the King.
+
+_B._ What was done during this time in Ireland and Scotland?
+
+_A._ In Ireland there had been a peace made by order from his Majesty
+for a time, which by divisions amongst the Irish was ill kept. The
+Popish party, the Pope’s nuncio being then there, took this to be the
+time for delivering themselves from their subjection to the English.
+Besides, the time of the peace was now expired.
+
+_B._ How were they subject to the English, more than the English to the
+Irish? They were subject to the King of England; but so also were the
+English to the King of Ireland.
+
+_A._ This distinction is somewhat too subtile for common understandings.
+In Scotland the Marquis of Montrose for the King, with very few men and
+miraculous victories, had overrun all Scotland, where many of his
+forces, out of too much security, were permitted to be absent for
+awhile; of which the enemy having intelligence, suddenly came upon them,
+and forced them to fly back into the Highlands to recruit; where he
+began to recover strength, when he was commanded by the King, then in
+the hands of the Scots at Newcastle, to disband; and he departed from
+Scotland by sea.
+
+In the end of the same year, 1646, the Parliament caused the King’s
+Great Seal to be broken; also the King was brought to Holmeby, and there
+kept by the Parliament’s commissioners. And here was an end of that war
+as to England and Scotland, but not to Ireland. About this time also
+died the Earl of Essex, whom the Parliament had discarded.
+
+_B._ Now that there was peace in England, and the King in prison, in
+whom was the sovereign power?
+
+_A._ The right was certainly in the King, but the exercise was yet in
+nobody; but contended for as in a game at cards, without fighting, all
+the years 1647 and 1648, between the Parliament and Oliver Cromwell,
+lieutenant-general to Sir Thomas Fairfax.
+
+You must know, that when King Henry VIII abolished the pope’s authority
+here, and took upon him to be the head of the Church, the bishops, as
+they could not resist him, so neither were they discontented with it.
+For whereas before the pope allowed not the bishops to claim
+jurisdiction in their diocesses _jure divino_, that is of right
+immediately from God, but by the gift and authority of the pope, now
+that the pope was ousted, they made no doubt but that the divine right
+was in themselves. After this, the city of Geneva, and divers other
+places beyond sea, having revolted from the papacy, set up presbyteries
+for the government of their several churches. And divers English
+scholars, that went beyond sea during the persecution in the time of
+Queen Mary, were much taken with this government, and at their return in
+the time of Queen Elizabeth, and ever since, have endeavoured, to the
+great trouble of the Church and nation, to set up that government here,
+wherein they might domineer and applaud their own wit and learning. And
+these took upon them not only a Divine right, but also a Divine
+inspiration. And having been connived at, and countenanced sometimes in
+their frequent preaching, they introduced many strange and many
+pernicious doctrines, out-doing the Reformation, as they pretended, both
+of Luther and Calvin; receding from the former divinity or church
+philosophy (for religion is another thing), as much as Luther and Calvin
+had receded from the pope; and distracted their auditors into a great
+number of sects, as Brownists, Anabaptists, Independents,
+Fifth-monarchy-men, Quakers, and divers others, all commonly called by
+the name of fanatics: insomuch as there was no so dangerous an enemy to
+the Presbyterians, as this brood of their own hatching.
+
+These were Cromwell’s best cards, whereof he had a very great number in
+the army, and some in the House, whereof he himself was thought one;
+though he were nothing certain, but, applying himself always to the
+faction that was strongest, was of a colour like it.
+
+There were in the army a great number, if not the greatest part, that
+aimed only at rapine and sharing the lands and goods of their enemies;
+and these also, upon the opinion they had of Cromwell’s valour and
+conduct, thought they could not any way better arrive at their ends than
+by adhering to him. Lastly, in the Parliament itself, though not the
+major part, yet a considerable number were fanatics enough to put in
+doubts, and cause delay in the resolutions of the House, and sometimes
+also by advantage of a thin House to carry a vote in favour of Cromwell,
+as they did upon the 26th of July. For whereas on the 4th of May
+precedent the Parliament had voted that the militia of London should be
+in the hands of a committee of citizens, whereof the Lord Mayor for the
+time being should be one; shortly after, the Independents, chancing to
+be the majority, made an ordinance, by which it was put into hands more
+favourable to the army.
+
+The best cards the Parliament had, were the city of London and the
+person of the King. The General, Sir Thomas Fairfax, was right
+Presbyterian, but in the hands of the army, and the army in the hands of
+Cromwell; but which party should prevail, depended on the playing of the
+game. Cromwell protested still obedience and fidelity to the Parliament;
+but meaning nothing less, bethought him and resolved on a way to excuse
+himself of all that he should do to the contrary upon the army.
+Therefore he and his son-in-law, Commissary-General Ireton (as good at
+contriving as himself, and at speaking and writing better), contrive how
+to mutiny the army against the Parliament. To this end they spread a
+whisper through the army, that the Parliament, now they had the King,
+intended to disband them, to cheat them of their arrears, and to send
+them into Ireland to be destroyed by the Irish. The army being herewith
+enraged, were taught by Ireton to erect a council amongst themselves of
+two soldiers out of every troop and every company, to consult for the
+good of the army, and to assist at the council of war, and to advise for
+the peace and safety of the kingdom. These were called adjutators; so
+that whatsoever Cromwell would have to be done, he needed nothing to
+make them do it but secretly to put it into the head of these
+adjutators. The effect of the first consultation was to take the King
+from Holmeby and to bring him to the army.
+
+The general hereupon, by letter to the Parliament, excuses himself and
+Cromwell, and the body of the army, as ignorant of the fact; and that
+the King came away willingly with those soldiers that brought him:
+assuring them withal, that the whole army intended nothing but peace,
+nor opposed Presbytery, nor affected Independency, nor did hold any
+licentious freedom in religion.
+
+_B._ It is strange that Sir Thomas Fairfax could be so abused by
+Cromwell as to believe this which he himself here writes.
+
+_A._ I cannot believe that Cornet Joyce could go out of the army with
+1,000 soldiers to fetch the King, and neither the general nor the
+lieutenant-general, nor the body of the army take notice of it. And that
+the King went willingly, appears to be false by a message sent on
+purpose from his Majesty to the Parliament.
+
+_B._ Here is perfidy upon perfidy: first, the perfidy of the Parliament
+against the King, and then the perfidy of the army against the
+Parliament.
+
+_A._ This was the first trick Cromwell played, whereby he thought
+himself to have gotten so great an advantage that he said openly, “That
+he had the Parliament in his pocket,” as indeed he had, and the city
+too. For upon the news of it they were, both one and the other, in very
+great disorder, and the more, because there came with it a rumour that
+the army was marching up to London.
+
+The King in the meantime, till his residence was settled at Hampton
+Court, was carried from place to place, not without some ostentation;
+but with much more liberty, and with more respect shewn him by far, than
+when he was in the hands of the Parliament’s commissioners; for his own
+chaplains were allowed him, and his children and some friends permitted
+to see him. Besides that, he was much complimented by Cromwell, who
+promised him, in a serious and seeming passionate manner, to restore him
+to his right against the Parliament.
+
+_B._ How was he sure he could do that?
+
+_A._ He was not sure; but he was resolved to march up to the city and
+Parliament, to set up the King again, and be the second man, unless in
+the attempt he found better hope, than yet he had, to make himself the
+first man by dispossessing the King.
+
+_B._ What assistance against the Parliament and the city could Cromwell
+expect from the King?
+
+_A._ By declaring directly for him he might have had all the King’s
+party, which were many more now since his misfortune than ever they were
+before. For in the Parliament itself, there were many that had
+discovered the hypocrisy and private aims of their fellows: many were
+converted to their duty by their own natural reason; and their
+compassion for the King’s sufferings had begot generally an indignation
+against the Parliament: so that if they had been by the protection of
+the present army brought together and embodied, Cromwell might have done
+what he had pleased, in the first place for the King, and in the second
+for himself. But it seems he meant first to try what he could do without
+the King; and if that proved enough, to rid his hands of him.
+
+_B._ What did the Parliament and city do to oppose the army?
+
+_A._ First, the Parliament sent to the general to redeliver the King to
+their commissioners. Instead of an answer to this, the army sent
+articles to the Parliament, and with them a charge against eleven of
+their members, all of them active Presbyterians: of which articles these
+are some: 1. That the House may be purged of those, who, by the
+self-denying ordinance, ought not to be there; 2. That such as abused
+and endangered the kingdom, might be disabled to do the like hereafter;
+3. That a day might be appointed to determine this Parliament; 4. That
+they would make an account to the kingdom of the vast sums of money they
+had received; 5. That the eleven members might presently be suspended
+sitting in the House. These were the articles that put them to their
+trumps; and they answered none of them, but that of the suspension of
+the eleven members, which they said they could not do by law till the
+particulars of the charge were produced: but this was soon answered with
+their own proceeding against the Archbishop of Canterbury and the Earl
+of Strafford.
+
+The Parliament being thus somewhat awed, and the King made somewhat
+confident, he undertakes the city, requiring the Parliament to put the
+militia of London into other hands.
+
+_B._ What other hands? I do not well understand you.
+
+_A._ I told you that the militia of London was, on the 4th of May, put
+into the hands of the lord-mayor and other citizens, and soon after put
+into the hands of other men more favourable to the army. And now I am to
+tell you, that on July the 26th, the violence of certain apprentices and
+disbanded soldiers forced the Parliament to re-settle it as it was, in
+the citizens; and hereupon the two speakers and divers of the members
+ran away to the army, where they were invited and contented to sit and
+vote in the council of war in nature of a Parliament. And out of the
+citizens' hands they would have the militia taken away, and put again
+into those hands out of which it was taken the 26th of July.
+
+_B._ What said the city to this?
+
+_A._ The Londoners manned their works, viz: the line of communication;
+raised an army of valiant men within the line; chose good officers, all
+being desirous to go out and fight whensoever the city should give them
+order; and in that posture stood expecting the enemy.
+
+The soldiers in the meantime enter into an engagement to live and die
+with Sir Thomas Fairfax, and the Parliament, and the army.
+
+_B._ That is very fine. They imitate that which the Parliament did, when
+they first took up arms against the King, styling themselves the King
+and Parliament, maintaining that the King was always virtually in his
+Parliament: so the army now, making war against the Parliament, called
+themselves the Parliament and the army: but they might, with more
+reason, say, that the Parliament, since it was in Cromwell’s pocket, was
+virtually in the army.
+
+_A._ Withal they send out a declaration of the grounds of their march
+towards London; wherein they take upon them to be judges of the
+Parliament, and of who are fit to be trusted with the business of the
+kingdom, giving them the name, not of the Parliament, but of the
+gentlemen at Westminster. For since the violence they were under July
+the 26th, the army denied them to be a lawful Parliament. At the same
+time they sent a letter to the mayor and aldermen of London, reproaching
+them with those late tumults; telling them they were enemies to the
+peace, treacherous to the Parliament, unable to defend either the
+Parliament or themselves; and demanded to have the city delivered into
+their hands, to which purpose, they said, they were now coming to them.
+The general also sent out his warrants to the counties adjacent,
+summoning their trained soldiers to join with them.
+
+_B._ Were the trained soldiers part of the general’s army?
+
+_A._ No, nor at all in pay, nor could be without an order of Parliament.
+But what might an army not do, after it had mastered all the laws of the
+land? The army being come to Hounslow Heath, distant from London but ten
+miles, the Court of Aldermen was called to consider what to do. The
+captains and soldiers of the city were willing, and well provided, to go
+forth and give them battle. But a treacherous officer, that had charge
+of a work on Southwark side, had let in within the line a small party of
+the enemies, who marched as far as to the gate of London-bridge; and
+then the Court of Aldermen, their hearts failing them, submitted on
+these conditions: to relinquish their militia; to desert the eleven
+members; to deliver up the forts and line of communication, together
+with the Tower of London, and all magazines and arms therein, to the
+army; to disband their forces and turn out all the reformadoes, that is,
+all Essex’s old soldiers; to draw off the guards from the Parliament.
+All which was done, and the army marched triumphantly through the
+principal streets of the city.
+
+_B._ It is strange that the mayor and aldermen, having such an army,
+should so quickly yield. Might they not have resisted the party of the
+enemy at the bridge, with a party of their own; and the rest of the
+enemies, with the rest of their own?
+
+_A._ I cannot judge of that: but to me it would have been strange if
+they had done otherwise. For I consider the most part of rich subjects,
+that have made themselves so by craft and trade, as men that never look
+upon anything but their present profit; and who, to every thing not
+lying in that way, are in a manner blind, being amazed at the very
+thought of plundering. If they had understood what virtue there is to
+preserve their wealth in obedience to their lawful sovereign, they would
+never have sided with the Parliament; and so we had had no need of
+arming. The mayor and aldermen therefore, being assured by this
+submission to save their goods, and not sure of the same by resisting,
+seem to me to have taken the wisest course. Nor was the Parliament less
+tame than the city. For presently, August the 6th, the general brought
+the fugitive speakers and members to the House with a strong guard of
+soldiers, and replaced the speakers in their chairs. And for this they
+gave the general thanks, not only there in the House, but appointed also
+a day for a holy thanksgiving; and not long after made him Generalissimo
+of all the forces of England and Constable of the Tower. But in effect
+all this was the advancement of Cromwell; for he was the usufructuary,
+though the property were in Sir Thomas Fairfax. For the Independents
+immediately cast down the whole line of communication; divided the
+militia of London, Westminster and Southwark, which were before united;
+displaced such governors of towns and forts as were not for their turn,
+though placed there by ordinance of Parliament; instead of whom, they
+put in men of their own party. They also made the Parliament to declare
+null all that had passed in the Houses from July the 26th to August the
+6th, and clapped in prison some of the lords, and some of the most
+eminent citizens, whereof the lord mayor was one.
+
+_B._ Cromwell had power enough now to restore the King. Why did he not?
+
+_A._ His main end was to set himself in his place. The restoring of the
+King was but a reserve against the Parliament, which being in his
+pocket, he had no more need of the King, who was now an impediment to
+him. To keep him in the army was a trouble; to let him fall into the
+hands of the Presbyterians had been a stop to his hopes; to murder him
+privately, besides the horror of the act, now whilst he was no more than
+lieutenant-general, would have made him odious without furthering his
+design. There was nothing better for his purpose than to let him escape
+from Hampton Court, where he was too near the Parliament, whither he
+pleased beyond the sea. For though Cromwell had a great party in the
+Parliament House whilst they saw not his ambition to be their master,
+yet they would have been his enemies as soon as that had appeared. To
+make the King attempt an escape, some of those that had him in custody,
+by Cromwell’s direction told him that the adjutators meant to murder
+him; and withal caused a rumour of the same to be generally spread, to
+the end it might that way also come to the King’s ear, as it did.
+
+The King, therefore, in a dark and rainy night, his guards being
+retired, as it was thought, on purpose, left Hampton Court and went to
+the sea-side about Southampton, where a vessel had been bespoken to
+transport him but failed; so that the King was forced to trust himself
+with Colonel Hammond, then governor of the Isle of Wight; expecting
+perhaps some kindness from him, for Dr. Hammond’s sake, brother to the
+colonel and his Majesty’s much favoured chaplain. But it proved
+otherwise; for the colonel sent to his masters of the Parliament, to
+receive their orders concerning him. This going into the Isle of Wight
+was not likely to be any part of Cromwell’s design, who neither knew
+whither nor which way he would go; nor had Hammond known any more than
+other men, if the ship had come to the appointed place in due time.
+
+_B._ If the King had escaped into France, might not the French have
+assisted him with forces to recover his kingdom, and so frustrated the
+designs both of Cromwell and all the King’s other enemies?
+
+_A._ Yes, much; just as they assisted his son, our present most gracious
+Sovereign, who two years before fled thither out of Cornwall.
+
+_B._ It is methinks no great polity in neighbouring princes to favour,
+so often as they do, one another’s rebels, especially when they rebel
+against monarchy itself. They should rather, first, make a league
+against rebellion, and afterwards, if there be no remedy, fight one
+against another. Nor will that serve the turn amongst Christian
+sovereigns, till preaching be better looked to, whereby the
+interpretation of a verse in the Hebrew, Greek, or Latin Bible, is
+oftentimes the cause of civil war and the deposing and assassinating of
+God’s anointed. And yet, converse with those divinity-disputers as long
+as you will, you will hardly find one in a hundred discreet enough to be
+employed in any great affair either of war or peace. It is not the right
+of the sovereign, though granted to him by every man’s express consent,
+that can enable him to do his office; it is the obedience of the
+subject, that must do that. For what good is it to promise allegiance,
+and then by and by to cry out, as some ministers did in the pulpit, _To
+your tents, O Israel!_? Common people know nothing of right or wrong by
+their own meditation; they must therefore be taught the grounds of their
+duty, and the reasons why calamities ever follow disobedience to their
+lawful sovereigns. But to the contrary, our rebels were publicly taught
+rebellion in the pulpits; and that there was no sin, but the doing of
+what the preachers forbade, or the omission of what they advised. But
+now the King was the Parliament’s prisoner, why did not the
+Presbyterians advance their own interest by restoring him?
+
+_A._ The Parliament, in which there were more Presbyterians yet than
+Independents, might have gotten what they would of the King during his
+life, if they had not by an unconscionable and sottish ambition
+obstructed the way to their ends. They sent him four propositions, to be
+signed and passed by him as Acts of Parliament; telling him, when these
+were granted, they would send commissioners to treat with him of any
+other articles.
+
+The propositions were these: First, that the Parliament should have the
+militia, and the power of levying money to maintain it, for twenty
+years; and after that term, the exercise thereof to return to the King,
+in case the Parliament think the safety of the kingdom concerned in it.
+
+_B._ The first article takes from the King the militia, and consequently
+the whole sovereignty for ever.
+
+_A._ The second was, that the King should justify the proceedings of the
+Parliament against himself; and declare void all oaths and declarations
+made by him against the Parliament.
+
+_B._ This was to make him guilty of the war, and of all the blood spilt
+therein.
+
+_A._ The third was, to take away all titles of honour conferred by the
+King since the Great Seal was carried to him in May 1642.
+
+The fourth was, that the Parliament should adjourn themselves, when, and
+to what place, and for what time they pleased.
+
+These propositions the King refused to grant, as he had reason; but sent
+others of his own, not much less advantageous to the Parliament, and
+desired a personal treaty with the Parliament for the settling of the
+peace of the kingdom. But the Parliament denying them to be sufficient
+for that purpose, voted that there should be no more addresses made to
+him, nor messages received from him; but that they would settle the
+kingdom without him. And this they voted partly upon the speeches and
+menaces of the army-faction then present in the House of Commons,
+whereof one advised these three points: 1. To secure the King in some
+inland castle with guards; 2. To draw up articles of impeachment against
+him; 3. To lay him by, and settle the kingdom without him.
+
+Another said, that his denying of the four bills was the denying
+protection to his subjects; and that therefore they might deny him
+subjection; and added, that till the Parliament forsook the army, the
+army would never forsake the Parliament. This was threatening.
+
+Last of all, Cromwell himself told them, it was now expected that the
+Parliament should govern and defend the kingdom, and not any longer let
+the people expect their safety from a man whose heart God had hardened;
+nor let those, that had so well defended the Parliament, be left
+hereafter to the rage of an irreconcilable enemy, lest they seek their
+safety some other way. This again was threatening; as also the laying
+his hand upon his sword when he spake it.
+
+And hereupon the vote of non-addresses was made an ordinance; which the
+House would afterwards have recalled, but was forced by Cromwell to keep
+their word.
+
+The Scotch were displeased with it; partly, because their brethren the
+Presbyterians had lost a great deal of their power in England; and
+partly also, because they had sold the King into their hands.
+
+The King now published a passionate complaint to his people of this hard
+dealing with him; which made them pity him, but not yet rise in his
+behalf.
+
+_B._ Was not this, think you, the true time for Cromwell to take
+possession?
+
+_A._ By no means. There were yet many obstacles to be removed. He was
+not general of the army. The army was still for a Parliament. The city
+of London discontented about their militia. The Scots expected with an
+army to rescue the King. His adjutators were levellers, and against
+monarchy, who though they had helped him to bring under the Parliament,
+yet, like dogs that are easily taught to fetch, and not easily taught to
+render, would not make him king. So that Cromwell had these businesses
+following to overcome, before he could formally make himself a sovereign
+prince: 1. To be Generalissimo: 2. To remove the King: 3. To suppress
+all insurrections here: 4. To oppose the Scots: and lastly, to dissolve
+the present Parliament. Mighty businesses, which he could never promise
+himself to overcome. Therefore I cannot believe he then thought to be
+King; but only by well serving the strongest party, which was always his
+main polity, to proceed as far as that and fortune would carry him.
+
+_B._ The Parliament were certainly no less foolish than wicked, in
+deserting thus the King, before they had the army at a better command
+than they had.
+
+_A._ In the beginning of 1648 the Parliament gave commission to Philip
+Earl of Pembroke, then made Chancellor of Oxford, together with some of
+the doctors there as good divines as he, to purge the University. By
+virtue whereof they turned out all such as were not of their faction,
+and all such as had approved the use of the Common-prayer-book; as also
+divers scandalous ministers and scholars, that is, such as customarily
+and without need took the name of God into their mouths, or used to
+speak wantonly, or use the company of lewd women: and for this last I
+cannot but commend them.
+
+_B._ So shall not I; for it is just such another piece of piety, as to
+turn men out of an hospital because they are lame. Where can a man
+probably learn godliness, and how to correct his vices, better than in
+the universities erected for that purpose?
+
+_A._ It may be, the Parliament thought otherwise. For I have often heard
+the complaints of parents, that their children were debauched there to
+drunkenness, wantonness, gaming, and other vices consequent to these.
+Nor is it a wonder amongst so many youths, if they did corrupt one
+another in despite of their tutors, who oftentimes were little elder
+than themselves. And therefore I think the Parliament did not much
+reverence that institution of universities, as to the bringing up of
+young men to virtue; though many of them learned there to preach, and
+became thereby capable of preferment and maintenance; and some others
+were sent thither by their parents, to save themselves the trouble of
+governing them at home, during that time wherein children are least
+governable. Nor do I think the Parliament cared more for the clergy than
+other men did. But certainly an university is an excellent servant to
+the clergy; and the clergy, if it be not carefully looked to, by their
+dissensions in doctrines and by the advantage to publish their
+dissensions, is an excellent means to divide a kingdom into factions.
+
+_B._ But seeing there is no place in this part of the world, where
+philosophy and other human sciences are not highly valued; where can
+they be learned better than in the Universities?
+
+_A._ What other sciences? Do not divines comprehend all civil and moral
+philosophy within their divinity? And as for natural philosophy, is it
+not removed from Oxford and Cambridge to Gresham College in London, and
+to be learned out of their gazettes? But we are gone from our subject.
+
+_B._ No; we are indeed gone from the greater businesses of the kingdom;
+to which, if you please, let us return.
+
+_A._ The first insurrection, or rather tumult, was that of the
+apprentices, on the 9th of April. But this was not upon the King’s
+account, but arose from a customary assembly of them for recreation in
+Moorfields, whence some zealous officers of the trained soldiers would
+needs drive them away by force; but were themselves routed with stones;
+and had their ensign taken away by the apprentices, which they carried
+about in the streets, and frighted the lord mayor into his house; where
+they took a gun called a drake; and then they set guards at some of the
+gates, and all the rest of the day childishly swaggered up and down: but
+the next day the general himself marching into the city, quickly
+dispersed them. This was but a small business, but enough to let them
+see that the Parliament was ill-beloved of the people.
+
+Next, the Welch took arms against them. There were three colonels in
+Wales, Langhorne, Poyer, and Powel, who had formerly done the Parliament
+good service, but now were commanded to disband; which they refused to
+do; and the better to strengthen themselves, declared for the King; and
+were about 8,000.
+
+About the same time, in Wales also, was another insurrection, headed by
+Sir Nicholas Keymish, and another under Sir John Owen; so that now all
+Wales was in rebellion against the Parliament: and yet all these were
+overcome in a month’s time by Cromwell and his officers; but not without
+store of bloodshed on both sides.
+
+_B._ I do not much pity the loss of those men, that impute to the King
+that which they do upon their own quarrel.
+
+_A._ Presently after this, some of the people of Surrey sent a petition
+to the Parliament for a personal treaty between the King and Parliament;
+but their messengers were beaten home again by the soldiers that were
+quartered about Westminster and the mews. And then the Kentish men
+having a like petition to deliver, and seeing how ill it was like to be
+received, threw it away and took up arms. They had many gallant
+officers, and for general the Earl of Norwich; and increased daily by
+apprentices and old disbanded soldiers. Insomuch as the Parliament was
+glad to restore to the city their militia, and to keep guards on the
+Thames side: and then Fairfax marched towards the enemy.
+
+_B._ And then the Londoners, I think, might easily and suddenly have
+mastered, first the Parliament, and next Fairfax his 8,000, and lastly
+Cromwell’s army; or at least have given the Scotch army opportunity to
+march unfoughten to London.
+
+_A._ It is true: but the city was never good at venturing; nor were they
+or the Scots principled to have a King over them, but under them.
+Fairfax marching with his 8,000 against the royalists, routed a part of
+them at Maidstone; another part were taking in other places in Kent
+further off; and the Earl of Norwich with the rest came to Blackheath,
+and thence sent to the city to get passage through it, to join with
+those which were risen in Essex under Sir Charles Lucas and Sir George
+Lisle; which being denied, the greatest part of his Kentish men deserted
+him. With the rest, not above 500, he crossed the Thames into the Isle
+of Dogs, and so to Bow, and thence to Colchester. Fairfax having notice
+of this, crossed the Thames at Gravesend; and overtaking them, besieged
+them in Colchester. The town had no defence but a breastwork, and yet
+held out, upon hope of the Scotch army to relieve them, the space of two
+months. Upon the news of the defeat of the Scots they were forced to
+yield. The Earl of Norwich was sent prisoner to London. Sir Charles
+Lucas and Sir George Lisle, two loyal and gallant persons, were shot to
+death. There was also another little insurrection, headed by the Earl of
+Holland, about Kingston; but quickly suppressed, and he himself taken
+prisoner.
+
+_B._ How came the Scots to be so soon dispatched?
+
+_A._ Merely, as it is said, for want of conduct. Their army was led by
+Duke Hamilton, who was then set at liberty, when Pendennis Castle, where
+he was prisoner, was taken by the Parliamentarians. He entered England
+with horse and foot 15,000, to which came above 3,000 English royalists.
+Against these Cromwell marched out of Wales with horse and foot 11,000,
+and near to Preston in Lancashire, in less than two hours, defeated
+them. And the cause of it is said to be, that the Scotch army was so
+ordered as they could not all come to the fight, nor relieve their
+fellows. After the defeat, they had no way to fly but further into
+England; so that in the pursuit they were almost all taken, and lost all
+that an army can lose; for the few that got home, did not all bring home
+their swords. Duke Hamilton was taken, and not long after sent to
+London. But Cromwell marched on to Edinburgh, and there, by the help of
+the faction which was contrary to Hamilton’s, he made sure not to be
+hindered in his designs; the first whereof was to take away the King’s
+life by the hand of the Parliament.
+
+Whilst these things passed in the north, the Parliament, Cromwell being
+away, came to itself, and recalling their vote of non-addresses, sent to
+the King new propositions, somewhat, but not much, easier than formerly.
+And upon the King’s answer to them, they sent commissioners to treat
+with him at Newport in the Isle of Wight; where they so long dodged with
+him about trifles, that Cromwell was come to London before they had
+done, to the King’s destruction. For the army was now wholly at the
+devotion of Cromwell, who set the adjutators on work again to make a
+remonstrance to the House of Commons, wherein they require: 1. That the
+King be brought to justice: 2. That the Prince and the Duke of York be
+summoned to appear at a day appointed, and proceeded with, according as
+they should give satisfaction: 3. That the Parliament settle the peace
+and future government, and set a reasonable period to their own sitting,
+and make certain future Parliaments annual or biennial: 4. That a
+competent number of the King’s chief instruments be executed. And this
+to be done both by the House of Commons and by a general agreement of
+the people testified by their subscriptions. Nor did they stay for an
+answer, but presently set a guard of soldiers at the Parliament-house
+door, and other soldiers in Westminster Hall, suffering none to go into
+the House but such as would serve their turns. All others were frighted
+away, or made prisoners, and some upon divers quarrels suspended; above
+ninety of them, because they had refused to vote against the Scots; and
+others, because they had voted against the vote of non-addresses: and
+the rest were a House for Cromwell. The fanatics also in the city being
+countenanced by the army, pack a new common-council, whereof any forty
+was to be above the mayor; and their first work was to frame a petition
+for justice against the King, which Tichborne, the mayor, involving the
+city in the regicide, delivered to the Parliament.
+
+At the same time, with the like violence, they took the King from
+Newport in the Isle of Wight, to Hurst Castle, till things were ready
+for his trial. The Parliament in the meantime, to avoid perjury, by an
+ordinance declared void the oaths of supremacy and allegiance, and
+presently after made another to bring the King to his trial.
+
+_B._ This is a piece of law that I understood not before, that when many
+swear singly, they may, when they are assembled, if they please, absolve
+themselves.
+
+_A._ The ordinance being drawn up was brought into the House, where
+after three several readings it was voted, “that the Lords and Commons
+of England, assembled in Parliament, do declare, that by the fundamental
+laws of the realm, it is treason in the King of England to levy war
+against the Parliament.” And this vote was sent up to the Lords; and
+they denying their consent, the Commons in anger made another vote;
+“That all members of committees should proceed and act in any ordinance,
+whether the Lords concurred or no; and that the people, under God, are
+the original of all just power; and that the House of Commons have the
+supreme power of the nation; and that whatsoever the House of Commons
+enacteth, is law.” All this passed _nemine contradicente_.
+
+_B._ These propositions fight not only against the King of England, but
+against all the kings of the world. It were good they thought on it. But
+yet, I believe, under God the original of all laws was in the people.
+
+_A._ But the people, for them and their heirs, by consent and oaths,
+have long ago put the supreme power of the nation into the hands of
+their kings, for them and their heirs; and consequently into the hands
+of this King, their known and lawful heir.
+
+_B._ But does not the Parliament represent the people?
+
+_A._ Yes, to some purposes; as to put up petitions to the King, when
+they have leave, and are grieved; but not to make a grievance of the
+King’s power. Besides, the Parliament never represents the people but
+when the King calls them; nor is it to be imagined that he calls a
+Parliament to depose himself. Put the case, every county and borough
+should have given this Parliament for a benevolence a sum of money; and
+that every county, meeting in their county-court or elsewhere, and every
+borough in their town-hall, should have chosen men to carry their
+several sums respectively to the Parliament. Had not these men
+represented the whole nation?
+
+_B._ Yes, no doubt.
+
+_A._ Do you think the Parliament would have thought it reasonable to be
+called to account by this representative?
+
+_B._ No, sure; and yet I must confess the case is the same.
+
+_A._ This ordinance contained, first, a summary of the charge against
+the King, in substance this; that not content with the encroachments of
+his predecessors upon the freedom of the people, he had designed to set
+up a tyrannical government; and to that end, had raised and maintained
+in the land a civil war against the Parliament, whereby the country hath
+been miserably wasted, the public treasure exhausted, thousands of
+people murdered, and infinite other mischiefs committed. Secondly, a
+constitution passed of a high court of justice, that is, of a certain
+number of commissioners, of whom any twenty had power to try the King,
+and to proceed to sentence according to the merit of the cause, and see
+it speedily executed.
+
+The commissioners met on Saturday, January 20th, in Westminster Hall,
+and the King was brought before them; where, sitting in a chair, he
+heard the charge read, but denied to plead to it either guilty or not
+guilty, till he should know by what lawful authority he was brought
+thither. The president told him that the Parliament affirmed their own
+authority; and the King still persevered in his refusal to plead. Though
+many words passed between him and the president, yet this was the
+substance of it all.
+
+On Monday January 22nd the court met again, and the solicitor moved that
+if the King persisted in denying the authority of the court, the charge
+might be taken _pro confesso_: but the King still denied their
+authority.
+
+They met again January the 23rd, and then the solicitor moved the court
+for judgment; whereupon the King was required to give his final answer;
+which was again a denial of their authority.
+
+Lastly, they met again January the 27th, where the King desired to be
+heard before the Lords and Commons in the Painted Chamber, and promising
+after that to abide the judgment of the court. The commissioners retired
+for half an hour to consider of it, and then returning caused the King
+to be brought again to the bar, and told him that what he proposed was
+but another denial of the court’s jurisdiction; and that if he had no
+more to say, they would proceed. Then the King answering that he had no
+more to say, the president began a long speech in justification of the
+Parliament’s proceedings, producing the examples of many kings killed or
+deposed by wicked Parliaments, ancient and modern, in England, Scotland,
+and other parts of the world. All which he endeavoured to justify from
+this only principle; that the people have the supreme power, and the
+Parliament is the people. This speech ended, the sentence of death was
+read; and the same upon Tuesday after, January 30th, executed at the
+gate of his own palace of Whitehall. He that can delight in reading how
+villainously he was used by the soldiers between the sentence and
+execution, may go to the chronicle itself; in which he shall see what
+courage, patience, wisdom, and goodness was in this prince, whom in
+their charge the members of that wicked Parliament styled tyrant,
+traitor, and murderer.
+
+The King being dead, the same day they made an act of Parliament, that
+whereas several pretences might be made to the crown, &c. it is enacted
+by this present Parliament and by authority of the same, that no person
+presume to declare, proclaim, or publish, or any way promote Charles
+Stuart, son of Charles late King of England, commonly called Prince of
+Wales, or any other person, to be King of England or Ireland, &c.
+
+_B._ Seeing the King was dead, and his successor barred; by what
+declared authority was the peace maintained?
+
+_A._ They had, in their anger against the Lords, formerly declared the
+supreme power of the nation to be in the House of Commons; and now, on
+February the 5th, they vote the House of Lords to be useless and
+dangerous. And thus the kingdom is turned into a democracy, or rather an
+oligarchy: for presently they made an act, that none of those members,
+who were secluded for opposing the vote of non-addresses, should ever be
+re-admitted. And these were commonly called the secluded members; and
+the rest were by some styled a Parliament, and by others the Rump.
+
+I think you need not now have a catalogue, either of the vices, or of
+the crimes, or of the follies of the greatest part of them that composed
+the Long Parliament; than which greater cannot be in the world. What
+greater vices than irreligion, hypocrisy, avarice and cruelty; which
+have appeared so eminently in the actions of Presbyterian members, and
+Presbyterian ministers? What greater crimes than blaspheming and killing
+God’s anointed; which was done by the hands of the Independents; but by
+the folly and first treason of the Presbyterians who betrayed and sold
+him to his murderers? Nor was it a little folly in the Lords, not to see
+that by the taking away of the King’s power they lost withal their own
+privileges; or to think themselves, either for number or judgment, any
+way a considerable assistance to the House of Commons. And for those men
+who had skill in the laws, it was no great sign of understanding not to
+perceive that the laws of the land were made by the King, to oblige his
+subjects to peace and justice, and not to oblige himself that made them.
+And lastly and generally, all men are fools which pull down anything
+which does them good, before they have set up something better in its
+place. He that would set up democracy with an army, should have an army
+to maintain it; but these men did it, when those men had the army that
+were resolved to pull it down. To these follies I might add the folly of
+those fine men, which out of their reading of Tully, Seneca, or other
+anti-monarchics, think themselves sufficient politicians, and show their
+discontents when they are not called to the management of the state, and
+turn from one side to another upon every neglect they fancy from the
+King or his enemies.
+
+
+
+
+                                PART IV.
+
+                               ==========
+
+_A._ You have seen the Rump in possession, as they believed, of the
+supreme power over the two nations of England and Ireland, and the army
+their servant; though Cromwell thought otherwise, serving them
+diligently for the advancement of his own purposes. I am now therefore
+to show you their proceedings.
+
+_B._ Tell me first, how this kind of government under the Rump or relic
+of a House of Commons is to be called?
+
+_A._ It is doubtless an oligarchy. For the supreme authority must needs
+be in one man or in more. If in one, it is monarchy; the Rump therefore
+was no monarchy. If the authority were in more than one, it was in all,
+or in fewer than all. When in all, it is democracy; for every man may
+enter into the assembly which makes the Sovereign Court; which they
+could not do here. It is therefore manifest, that the authority was in a
+few, and consequently the state was an oligarchy.
+
+_B._ Is it not impossible for a people to be well governed, that are to
+obey more masters than one?
+
+_A._ Both the Rump and all other sovereign assemblies, if they have but
+one voice, though they be many men, yet are they but one person. For
+contrary commands cannot consist in one and the same voice, which is the
+voice of the greatest part; and therefore they might govern well enough,
+if they had honesty and wit enough.
+
+The first act of the Rump was the exclusion of those members of the
+House of Commons, which had been formerly kept out by violence for the
+procuring of an ordinance for the King’s trial; for these men had
+appeared against the ordinance of non-addresses, and therefore were
+excluded, because they might else be an impediment to their future
+designs.
+
+_B._ Was it not rather, because in the authority of few they thought the
+fewer the better, both in respect of their shares and also of a nearer
+approach in every one of them to the dignity of king?
+
+_A._ Yes certainly, that was their principal end.
+
+_B._ When these were put out, why did not the counties and boroughs
+choose others in their places?
+
+_A._ They could not do that without order from the House.
+
+After this they constituted a council of forty persons, which they
+termed a Council of State, whose office was to execute what the Rump
+should command.
+
+_B._ When there was neither King nor House of Lords, they could not call
+themselves a Parliament; for a Parliament is a meeting of the King,
+Lords, and Commons, to confer together about the businesses of the
+commonwealth. With whom did the Rump confer?
+
+_A._ Men may give to their assembly what name they please, what
+signification soever such name might formerly have had; and the Rump
+took the name of Parliament, as most suitable to their purpose, and such
+a name, as being venerable amongst the people for many hundred years,
+had countenanced and sweetened subsidies and other levies of money,
+otherwise very unpleasant to the subject. They took also afterwards
+another name, which was _Custodes Libertatis Angliæ_, which title they
+used only in their writs issuing out of the courts of justice.
+
+_B._ I do not see how a subject that is tied to the laws, can have more
+liberty in one form of government than another.
+
+_A._ Howsoever to the people, that understand by liberty nothing but
+leave to do what they list, it was a title not ingrateful.
+
+Their next work was to set forth a public declaration, that they were
+fully resolved to maintain the fundamental laws of the nation, as to the
+preservation of the lives, liberties, and proprieties of the people.
+
+_B._ What did they mean by the fundamental laws of the nation?
+
+_A._ Nothing but to abuse the people. For the only fundamental law in
+every commonwealth, is to obey the laws from time to time, which he
+shall make to whom the people have given the supreme power. How likely
+then are they to uphold the fundamental laws, that had murdered him who
+was by themselves so often acknowledged for their lawful sovereign?
+Besides, at the same time that this declaration came forth, they were
+erecting that High Court of Justice which took away the lives of Duke
+Hamilton, the Earl of Holland, and the Lord Capel. Whatsoever they meant
+by a fundamental law, the erecting of this court was a breach of it, as
+being warranted by no former law or example in England.
+
+At the same time also they levied taxes by soldiers, and to soldiers
+permitted free quarter, and did many other actions, which if the King
+had done, they would have said had been done against the liberty and
+propriety of the subject.
+
+_B._ What silly things are the common sort of people, to be cozened as
+they were so grossly!
+
+_A._ What sort of people, as to this matter, are not of the common sort?
+The craftiest knaves of all the Rump were no wiser than the rest whom
+they cozened. For the most of them did believe that the same things
+which they imposed upon the generality, were just and reasonable; and
+especially the great haranguers, and such as pretended to learning. For
+who can be a good subject in a monarchy, whose principles are taken from
+the enemies of monarchy, such as were Cicero, Seneca, Cato, and other
+politicians of Rome, and Aristotle of Athens, who seldom spake of kings
+but as of wolves and other ravenous beasts? You may perhaps think a man
+has need of nothing else to know the duty he owes to his governor, and
+what right he has to order him, but a good natural wit; but it is
+otherwise. For it is a science, and built upon sure and clear
+principles, and to be learned by deep and careful study, or from masters
+that have deeply studied it. And who was there in the Parliament or in
+the nation, that could find out those evident principles, and derive
+from them the necessary rules of justice, and the necessary connexion of
+justice and peace? The people have one day in seven the leisure to hear
+instruction, and there are ministers appointed to teach them their duty.
+But how have those ministers performed their office? A great part of
+them, namely, the Presbyterian ministers, throughout the whole war,
+instigated the people against the King; so did also Independents and
+other fanatic ministers. The rest, contented with their livings,
+preached in their parishes points of controversy, to religion
+impertinent, but to the breach of charity among themselves very
+effectual; or else eloquent things, which the people either understood
+not, or thought themselves not concerned in. But this sort of preachers,
+as they did little good, so they did little hurt. The mischief proceeded
+wholly from the Presbyterian preachers, who, by a long practised,
+histrionic faculty, preached up the rebellion powerfully.
+
+_B._ To what end?
+
+_A._ To the end that the State becoming popular, the Church might be so
+too, and governed by an Assembly; and by consequence, as they thought,
+seeing politics are subservient to religion, they might govern, and
+thereby satisfy not only their covetous humour with riches, but also
+their malice with power to undo all men that admired not their wisdom.
+Your calling the people silly things, obliged me by this digression to
+show you, that it is not want of wit, but want of the science of
+justice, that brought them into these troubles. Persuade, if you can,
+that man that has made his fortune, or made it greater, or an eloquent
+orator, or a ravishing poet, or a subtle lawyer, or but a good hunter or
+a cunning gamester, that he has not a good wit; and yet there were of
+all these a great many so silly, as to be deceived by the Rump and
+members of the same Rump. They wanted not wit, but the knowledge of the
+causes and grounds upon which one person has a right to govern, and the
+rest an obligation to obey; which grounds are necessary to be taught the
+people, who without them cannot live long in peace amongst themselves.
+
+_B._ Let us return, if you please, to the proceedings of the Rump.
+
+_A._ In the rest of this year they voted a new stamp for the coin of
+this nation. They considered also of agents to be sent to foreign
+states; and having lately received applause from the army for their work
+done by the High Court of Justice, and encouragement to extend the same
+further, they perfected the said High Court of Justice, in which were
+tried Duke Hamilton, the Earl of Holland, Lord Capel, the Earl of
+Norwich, and Sir John Owen; whereof, as I mentioned before, the three
+first were beheaded. This affrighted divers of the King’s party out of
+the land; for not only they, but all that had borne arms for the King,
+were at that time in very great danger of their lives. For it was put to
+the question by the army at a council of war, whether they should be all
+massacred or no; where the noes carried it but by two voices. Lastly,
+March the 24th, they put the Mayor of London out of his office, fined
+him 2,000_l._, disfranchised him, and condemned him to two months
+imprisonment in the Tower, for refusing to proclaim the act for
+abolishing the kingly power. And thus ended the year 1648 and the
+monthly fast; God having granted that which they fasted for, the death
+of the King and the possession of his inheritance. By these their
+proceedings they had already lost the hearts of the generality of the
+people, and had nothing to trust to but the army; which was not in their
+power, but in Cromwell’s; who never failed, when there was occasion, to
+put them upon all exploits that might make them odious to the people, in
+order to his future dissolving them whensoever it should conduce to his
+ends.
+
+In the beginning of 1649 the Scots, discontented with the proceedings of
+the Rump against the late King, began to levy soldiers in order to a new
+invasion of England. The Irish rebels, for want of timely resistance
+from England, were grown terrible; and the English army at home,
+infected by the adjutators, were casting how to share the land amongst
+the godly, meaning themselves and such others as they pleased, who were
+therefore called Levellers. Also the Rump for the present were not very
+well provided of money, and, therefore, the first thing they did, was
+the laying of a tax upon the people of 90,000_l._ a month for the
+maintenance of the army.
+
+_B._ Was it not one of their quarrels with the King, that he had levied
+money without the consent of the people in Parliament?
+
+_A._ You may see by this, what reason the Rump had to call itself a
+Parliament. For the taxes imposed by Parliament were always understood
+to be by the people’s consent, and consequently legal. To appease the
+Scots, they sent messengers with flattering letters to keep them from
+engaging for the present King: but in vain: for they would hear nothing
+from a House of Commons, as they called it, at Westminster, without a
+King and Lords. But they sent commissioners to the King, to let him know
+what they were doing for him: for they were resolved to raise an army of
+17,000 foot and 6,000 horse for themselves.
+
+To relieve Ireland, the Rump had resolved to send eleven regiments
+thither out of the army in England. This happened well for Cromwell. For
+the levelling soldiers, which were in every regiment many, and in some
+the major part, finding that instead of dividing the land at home they
+were to venture their lives in Ireland, flatly denied to go; and one
+regiment, having cashiered their colonel about Salisbury, was marching
+to join with three regiments more of the same resolution; but both the
+general and Cromwell falling upon them at Burford, utterly defeated
+them, and soon after reduced the whole army to their obedience. And thus
+another of the impediments to Cromwell’s advancement was soon removed.
+This done, they came to Oxford, and thence to London: and at Oxford,
+both the general and Cromwell were made doctors of the civil law; and at
+London, feasted and presented by the city.
+
+_B._ Were they not first made masters, and then doctors?
+
+_A._ They had made themselves already masters, both of the laws and
+Parliament. The army being now obedient, the Rump sent over those eleven
+regiments into Ireland, under the command of Dr. Cromwell, intituled
+governor of that kingdom, the Lord Fairfax being still general of all
+the forces, both here and there.
+
+The Marquis, now Duke, of Ormond was the King’s lieutenant of Ireland;
+and the rebels had made a confederacy amongst themselves; and these
+confederates had made a kind of league with the lieutenant, wherein they
+agreed, upon liberty given them in the exercise of their religion, to be
+faithful to and assist the King. To these also were joined some forces
+raised by the Earls of Castlehaven and Clanricarde and my Lord
+Inchiquin; so that they were the greatest united strength in the island.
+But there were amongst them a great many other Papists, that would by no
+means subject themselves to Protestants; and these were called the
+Nuntio’s party, as the others were called the confederate party. These
+parties not agreeing, and the confederate party having broken their
+articles, the lord-lieutenant seeing them ready to besiege him in
+Dublin, and not able to defend it, did, to preserve the place for the
+Protestants, surrender it to the Parliament of England; and came over to
+the King at that time when he was carried from place to place by the
+army. From England he went over to the Prince, now King, residing then
+at Paris.
+
+But the confederates, affrighted with the news that the Rump was sending
+over an army thither, desired the Prince by letters, to send back my
+Lord of Ormond, engaging themselves to submit absolutely to the King’s
+authority, and to obey my Lord of Ormond as his lieutenant. And hereupon
+he was sent back. This was about a year before the going over of
+Cromwell.
+
+In which time, by the dissensions in Ireland between the confederate
+party and the Nuntio’s party, and discontents about command, this
+otherwise sufficient power effected nothing; and was at last defeated,
+August the 2nd, by a sally out of Dublin, which they were besieging.
+Within a few days after arrived Cromwell, who with extraordinary
+diligence and horrid executions, in less than a twelvemonth that he
+stayed there, subdued in a manner the whole nation; having killed or
+exterminated a great part of them, and leaving his son-in-law Ireton to
+subdue the rest. But Ireton died there before the business was quite
+done, of the plague. This was one step more towards Cromwell’s
+exaltation to the throne.
+
+_B._ What a miserable condition was Ireland reduced to by the learning
+of the Roman, as well as England was by the learning of the Presbyterian
+clergy.
+
+_A._ In the latter end of the preceding year the King was come from
+Paris to the Hague; and shortly after came thither from the Rump their
+agent Dorislaus, doctor of civil law, who had been employed in the
+drawing up of the charge against the late King. But the first night he
+came, as he was at supper, a company of cavaliers, near a dozen, entered
+his chamber, killed him, and got away. Not long after also their agent
+at Madrid, one Ascham, one that had written in defence of his masters,
+was killed in the same manner. About this time came out two books, one
+written by Salmasius, a Presbyterian, against the murder of the King;
+another written by Milton, an English Independent, in answer to it.
+
+_B._ I have seen them both. They are very good Latin both, and hardly to
+be judged which is better; and both very ill reasoning, hardly to be
+judged which is worse; like two declamations, _pro_ and _con_, made for
+exercise only in a rhetoric school by one and the same man. So like is a
+Presbyterian to an Independent.
+
+_A._ In this year the Rump did not much at home; save that in the
+beginning they made England a free state by an act which runs thus: “Be
+it enacted and declared by this present Parliament, and by the authority
+thereof, that the people of England, and all the dominions and
+territories thereunto belonging, are, and shall be, and are hereby
+constituted, made, and declared a commonwealth and free state, &c.”
+
+_B._ What did they mean by a free state and commonwealth? Were the
+people no longer to be subject to laws? They could not mean that: for
+the Parliament meant to govern them by their own laws, and punish such
+as broke them. Did they mean that England should not be subject to any
+foreign kingdom or commonwealth? That needed not be enacted, seeing
+there was no king nor people pretended to be their masters. What did
+they mean then?
+
+_A._ They meant that neither this king, nor any king, nor any single
+person, but only that they themselves would be the people’s masters, and
+would have set it down in those plain words, if the people could have
+been cozened with words intelligible, as easily as with words not
+intelligible.
+
+After this they gave one another money and estates out of the lands and
+goods of the loyal party. They enacted also an engagement to be taken by
+every man, in these words: _You shall promise to be true and faithful to
+the commonwealth of England, as it is now established, without King or
+House of Lords._
+
+They banished also from within twenty miles of London all the royal
+party, forbidding also every one of them to depart more than five miles
+from his dwelling-house.
+
+_B._ They meant perhaps to have them ready, if need were, for a
+massacre. But what did the Scots in this time?
+
+_A._ They were considering of the officers of the army which they were
+levying for the King, how they might exclude from command all such as
+had loyally served his father, and all Independents, and all such as
+commanded in Duke Hamilton’s army; and these were the main things that
+passed this year.
+
+The Marquis of Montrose, that in the year 1645 had with a few men and in
+little time done things almost incredible against the late King’s
+enemies in Scotland, landed now again, in the beginning of the year
+1650, in the north of Scotland, with commission from the present King,
+hoping to do him as good service as he had formerly done his father. But
+the case was altered; for the Scotch forces were then in England in the
+service of the Parliament; whereas now they were in Scotland, and many
+more for their intended invasion newly raised. Besides, the soldiers
+which the Marquis brought over were few, and foreigners; nor did the
+Highlanders come in to him, as he expected; insomuch as he was soon
+defeated, and shortly after taken, and, with more spiteful usage than
+revenge required, executed by the Covenanters of Edinburgh, May the 2nd.
+
+_B._ What good could the King expect from joining with these men, who
+during the treaty discovered so much malice to him in one of his best
+servants?
+
+_A._ No doubt, their churchmen being then prevalent, they would have
+done as much to this King as the English Parliament had done to his
+father, if they could have gotten by it that which they foolishly
+aspired to, the government of the nation. I do not believe that the
+Independents were worse than the Presbyterians: both the one and the
+other were resolved to destroy whatsoever should stand in the way to
+their ambition. But necessity made the King pass over both this and many
+other indignities from them, rather than suffer the pursuit of his right
+in England to cool, and be little better than extinguished.
+
+_B._ Indeed I believe a kingdom, if suffered to become an old debt, will
+hardly ever be recovered. Besides, the King was sure, wheresoever the
+victory lighted, he could lose nothing in the war but enemies.
+
+_A._ About the time of Montrose’s death, which was in May, Cromwell was
+yet in Ireland, and his work unfinished. But finding, or by his friends
+advertised, that his presence in the expedition now preparing against
+the Scots would be necessary to his design, he sent to the Rump to know
+their pleasure concerning his return. But for all that, he knew, or
+thought it was not necessary to stay for their answer, but came away,
+and arrived at London the 6th of June following, and was welcomed by the
+Rump. Now General Fairfax, who was truly what he pretended to be, a
+Presbyterian, had been so catechised by the Presbyterian ministers here,
+that he refused to fight against the brethren in Scotland; nor did the
+Rump nor Cromwell go about to rectify his conscience in that point. And
+thus Fairfax laying down his commission, Cromwell was now made general
+of all the forces in England and Ireland; which was another step to the
+sovereign power.
+
+_B._ Where was the King?
+
+_A._ In Scotland, newly come over. He landed in the north, and was
+honourably conducted to Edinburgh, though all things were not yet well
+agreed on between the Scots and him. For though he had yielded to as
+hard conditions as the late King had yielded to in the Isle of Wight,
+yet they had still somewhat to add, till the King, enduring no more,
+departed from them towards the north again. But they sent messengers
+after him to pray him to return, but they furnished these messengers
+with strength enough to bring him back, if he should have refused. In
+fine they agreed; but would not suffer either the King, or any royalist,
+to have command in the army.
+
+_B._ The sum of all is, the King was there a prisoner.
+
+_A._ Cromwell from Berwick sends a declaration to the Scots, telling
+them he had no quarrel against the people of Scotland, but against the
+malignant party that had brought in the King, to the disturbance of the
+peace between the two nations; and that he was willing, either by
+conference to give and receive satisfaction, or to decide the justice of
+the cause by battle. To which the Scots answering, declare, that they
+will not prosecute the King’s interest before and without his
+acknowledgment of the sins of his house and his former ways, and
+satisfaction given to God’s people in both kingdoms. Judge by this
+whether the present King were not in as bad a condition here, as his
+father was in the hands of the Presbyterians of England.
+
+_B._ Presbyterians are everywhere the same: they would fain be absolute
+governors of all they converse with; and have nothing to plead for it,
+but that where they reign, it is God that reigns, and nowhere else. But
+I observe one strange demand, that the King should acknowledge the sins
+of his house; for I thought it had been certainly held by all divines,
+that no man was bound to acknowledge any man’s sins but his own.
+
+_A._ The King having yielded to all that the Church required, the Scots
+proceeded in their intended war. Cromwell marched on to Edinburgh,
+provoking them all he could to battle; which they declining, and
+provisions growing scarce in the English army, Cromwell retired to
+Dunbar, despairing of success; and intending by sea or land to get back
+into England. And such was the condition which this general Cromwell, so
+much magnified for conduct, had brought his army to, that all his
+glories had ended in shame and punishment, if fortune and the faults of
+his enemies had not relieved him. For as he retired, the Scots followed
+him close all the way till within a mile of Dunbar. There is a ridge of
+hills, that from beyond Edinburgh goes winding to the sea, and crosses
+the highway between Dunbar and Berwick, at a village called
+Copperspeith, where the passage is so difficult, that had the Scots sent
+timely thither a very few men to guard it, the English could never have
+gotten home. For the Scots kept the hills, and needed not have fought
+but upon great advantage, and were almost two to one. Cromwell’s army
+was at the foot of those hills, on the north side; and there was a great
+ditch or channel of a torrent between the hills and it; so that he could
+never have got home by land, nor without utter ruin of the army
+attempted to ship it; nor have stayed where he was, for want of
+provisions. Now Cromwell knowing the pass was free, and commanding a
+good party of horse and foot to possess it, it was necessary for the
+Scots to let them go, whom they bragged they had impounded, or else to
+fight; and therefore with the best of their horse they charged the
+English, and made them at first shrink a little. But the English foot
+coming on, the Scots were put to flight; and the flight of the horse
+hindered the foot from engaging; who therefore fled, as did also the
+rest of their horse. Thus the folly of the Scottish commanders brought
+all their odds to an even lay between two small and equal parties;
+wherein fortune gave the victory to the English, who were not many more
+in number than those that were killed and taken prisoners of the Scots;
+and the Church lost their cannon, bag and baggage, with 10,000 arms, and
+almost their whole army. The rest were got together by Lesley to
+Stirling.
+
+_B._ This victory happened well for the King. For had the Scots been
+victors, the Presbyterians, both here and there, would have domineered
+again, and the King been in the same condition his father was in at
+Newcastle, in the hands of the Scottish army. For in pursuit of this
+victory, the English at last brought the Scots to a pretty good habit of
+obedience for the King, whensoever he should recover his right.
+
+_A._ In pursuit of this victory the English marched to Edinburgh
+(quitted by the Scots), fortified Leith, and took in all the strength
+and castles they thought fit on this side the Frith, which now was
+become the bound betwixt the two nations. And the Scotch ecclesiastics
+began to know themselves better; and resolved in their new army, which
+they meant to raise, to admit some of the royalists into command.
+Cromwell from Edinburgh marched towards Stirling, to provoke the enemy
+to fight, but finding danger in it returned to Edinburgh and besieged
+the castle. In the meantime he sent a party into the west of Scotland to
+suppress Strachan and Kerr, two great Presbyterians that were there
+levying forces for their new army. And in the same time the Scots
+crowned the King at Scone.
+
+The rest of this year was spent in Scotland, on Cromwell’s part, in
+taking of Edinburgh Castle and in attempts to pass the Frith, or any
+other ways to get over to the Scottish forces; and on the Scots' part,
+in hastening their levies for the north.
+
+_B._ What did the Rump at home during this time?
+
+_A._ They voted liberty of conscience to the sectaries; that is, they
+plucked out the sting of Presbytery, which consisted in a severe
+imposing of odd opinions upon the people, impertinent to religion, but
+conducing to the advancement of the power of the Presbyterian ministers.
+Also they levied more soldiers, and gave the command of them to
+Harrison, now made major-general, a Fifth-monarchy-man; and of these
+soldiers two regiments of horse and one of foot were raised by the
+Fifth-monarchy-men and other sectaries, in thankfulness for this their
+liberty from the Presbyterian tyranny. Also they pulled down the late
+King’s statue in the Exchange, and in the niche where it stood, caused
+to be written these words: _Exit tyrannus, Regum ultimus, etc._
+
+_B._ What good did that do them, and why did they not pull down the
+statues of all the rest of the Kings?
+
+_A._ What account can be given of actions that proceed not from reason,
+but spite and such-like passions? Besides this, they received
+ambassadors from Portugal and from Spain, acknowledging their power. And
+in the very end of the year they prepared ambassadors to the Netherlands
+to offer them friendship. All they did besides, was persecuting and
+executing of royalists.
+
+In the beginning of the year 1651 General Dean arrived in Scotland; and
+on the 11th of April the Scottish Parliament assembled, and made certain
+acts in order to a better uniting of themselves, and better obedience to
+the King, who was now at Stirling with the Scottish forces he had,
+expecting more now in levying. Cromwell from Edinburgh went divers times
+towards Stirling to provoke the Scots to fight. There was no ford there
+to pass over his men; at last boats being come from London and
+Newcastle, Colonel Overton (though it was long first, for it was now
+July) transported 1,400 foot of his own, besides another regiment of
+foot and four troops of horse, and entrenched himself at Northferry on
+the other side; and before any help could come from Stirling,
+Major-General Lambert also was got over with as many more. By this time
+Sir John Browne was come to oppose them with 4,500 men, whom the English
+there defeated, killing about 2,000 and taking prisoners 1,600. This
+done, and as much more of the army transported as was thought fit,
+Cromwell comes before St. Johnstone’s (from whence the Scottish
+Parliament, upon the news of his passing the Frith, was removed to
+Dundee) and summons it; and the same day had news brought him that the
+King was marching from Stirling towards England; which was true. But
+notwithstanding the King was three days' march before him, he resolved
+to have the town before he followed him; and accordingly had it the next
+day by surrender.
+
+_B._ What hopes had the King in coming into England, having before and
+behind him none, at least none armed, but his enemies?
+
+_A._ Yes; there was before him the city of London, which generally hated
+the Rump, and might easily be reckoned for 20,000 well-armed soldiers;
+and most men believed they would take his part, had he come near the
+city.
+
+_B._ What probability was there of that? Do you think the Rump was not
+sure of the services of the mayor and those that had command of the city
+militia? And if they had been really the King’s friends, what need had
+they to stay for his coming up to London? They might have seized the
+Rump, if they had pleased, which had no possibility of defending
+themselves; at least they might have turned them out of the House.
+
+_A._ This they did not; but on the contrary, permitted the recruiting of
+Cromwell’s army, and the raising of men to keep the country from coming
+in to the King. The King began his march from Stirling the last of July,
+and August the 22nd came to Worcester by way of Carlisle with a weary
+army of about 13,000, whom Cromwell followed, and joining with the new
+levies environed Worcester with 40,000, and on the 3rd of September
+utterly defeated the King’s army. Here Duke Hamilton, brother of him
+that was beheaded, was slain.
+
+_B._ What became of the King?
+
+_A._ Night coming on, before the city was quite taken he left it; it
+being dark and none of the enemy’s horse within the town to follow him,
+the plundering foot having kept the gates shut, lest the horse should
+enter and have a share of the booty. The King before morning got into
+Warwickshire, twenty-five miles from Worcester, and there lay disguised
+awhile, and afterwards went up and down in great danger of being
+discovered, till at last he got over into France, from Brighthelmstone
+in Sussex.
+
+_B._ When Cromwell was gone, what was further done in Scotland?
+
+_A._ Lieutenant-General Monk, whom Cromwell left there with 7,000, took
+Stirling August 14th by surrender, and Dundee the 3rd of September, by
+storm, because it resisted. This the soldiers plundered, and had good
+booty, because the Scots for safety had sent thither their most precious
+goods from Edinburgh and St. Johnstone’s. He took likewise by surrender
+Aberdeen, and the place where the Scottish ministers first learned to
+play the fool, St. Andrew’s. Also in the Highlands, Colonel Alured took
+a knot of lords and gentlemen, viz. four earls and four lords and above
+twenty knights and gentlemen, whom he sent prisoners into England. So
+that there was nothing more to be feared from Scotland: all the trouble
+of the Rump being to resolve what they should do with it. At last they
+resolved to unite and incorporate it into one commonwealth with England
+and Ireland. And to that end sent thither St. John, Vane, and other
+commissioners, to offer them this union by public declaration, and to
+warn them to choose their deputies of shires and burgesses of towns, and
+send them to Westminster.
+
+_B._ This was a very great favour.
+
+_A._ I think so: and yet it was by many of the Scots, especially by the
+ministers and other Presbyterians, refused. The ministers had given way
+to the levying of money for the payment of the English soldiers; but to
+comply with the declaration of the English commissioners they absolutely
+forbad.
+
+_B._ Methinks this contributing to the pay of their conquerors was some
+mark of servitude; whereas entering into the union made them free, and
+gave them equal privilege with the English.
+
+_A._ The cause why they refused the union, rendered by the Presbyterians
+themselves, was this: that it drew with it a subordination of the Church
+to the civil state in the things of Christ.
+
+_B._ This is a downright declaration to all kings and commonwealths in
+general, that a Presbyterian minister will be a true subject to none of
+them in the things of Christ; which things what they are, they will be
+judges themselves. What have we then gotten by our deliverance from the
+Pope’s tyranny, if these petty men succeed in the place of it, that have
+nothing in them that can be beneficial to the public, except their
+silence? For their learning, it amounts to no more than an imperfect
+knowledge of Greek and Latin, and an acquired readiness in the Scripture
+language, with a gesture and tone suitable thereunto; but of justice and
+charity, the manners of religion, they have neither knowledge nor
+practice, as is manifest by the stories I have already told you. Nor do
+they distinguish between the godly and the ungodly but by conformity of
+design in men of judgment, or by repetition of their sermons in the
+common sort of people.
+
+_A._ But this sullenness of the Scots was to no purpose. For they at
+Westminster enacted the union of the two nations and the abolition of
+monarchy in Scotland, and ordained punishment for those that should
+transgress that act.
+
+_B._ What other business did the Rump this year?
+
+_A._ They sent St. John and Strickland ambassadors to the Hague, to
+offer league to the United Provinces; who had audience March the 3rd;
+St. John in a speech showing those states what advantage they might have
+by this league in their trade and navigations, by the use of the English
+ports and harbours. The Dutch, though they showed no great forwardness
+in the business, yet appointed commissioners to treat with them about
+it. But the people were generally against it, calling the ambassadors
+and their followers, as they were, traitors and murderers, and made such
+tumults about their house that their followers durst not go abroad till
+the States had quieted them. The Rump advertised hereof, presently
+recalled them. The compliment which St. John gave to the commissioners
+at their taking leave, is worth your hearing. _You have_, said he, _an
+eye upon the event of the affairs of Scotland, and therefore do refuse
+the friendship we have offered. Now I can assure you, many in the
+Parliament were of opinion that we should not have sent any ambassadors
+to you till we had separated those matters between them and that king,
+and then expected your ambassadors to us. I now perceive our error, and
+that those gentlemen were in the right. In a short time you shall see
+that business ended; and then you will come and seek what we have freely
+offered, when it shall perplex you that you have refused our proffer._
+
+_B._ St. John was not sure that the Scottish business would end as it
+did. For though the Scots were beaten at Dunbar, he could not be sure of
+the event of their entering England, which happened afterward.
+
+_A._ But he guessed well: for within a month after the battle at
+Worcester, an act passed forbidding the importing of merchandize in
+other than English ships. The English also molested their fishing upon
+our coast. They also many times searched their ships (upon occasion of
+our war with France), and made some of them prize. And then the Dutch
+sent their ambassadors hither to desire what they before refused; but
+partly also to inform themselves what naval forces the English had
+ready, and how the people here were contented with the government.
+
+_B._ How sped they?
+
+_A._ The Rump showed now as little desire of agreement as the Dutch did
+then; standing upon terms never likely to be granted. First, for the
+fishing on the English coast, that they should not have it without
+paying for it. Secondly, that the English should have free trade from
+Middleburgh to Antwerp, as they had before their rebellion against the
+King of Spain. Thirdly, they demanded amends for the old, but never to
+be forgotten business of Amboyna. So that the war was already certain,
+though the season kept them from action till the spring following. The
+true quarrel, on the English part, was that their proffered friendship
+was scorned, and their ambassadors affronted; on the Dutch part, was
+their greediness to engross all traffic, and a false estimate of our and
+their own strength.
+
+Whilst these things were doing, the relics of the war, both in Ireland
+and Scotland, were not neglected, though those nations were not fully
+pacified till two years after. The persecution also of royalists still
+continued, amongst whom was beheaded one Mr. Love, for holding
+correspondence with the King.
+
+_B._ I had thought a Presbyterian minister, whilst he was such, could
+not be a royalist, because they think their assembly have the supreme
+power in the things of Christ; and by consequence they are in England,
+by a statute, traitors.
+
+_A._ You may think so still: for though I called Mr. Love a royalist, I
+meant it only for that one act for which he was condemned. It was he who
+during the treaty at Uxbridge, preaching before the commissioners there,
+said, it was as possible for heaven and hell, as for the King and
+Parliament, to agree. Both he and the rest of the Presbyterians are and
+were enemies to the King’s enemies, Cromwell and his fanatics, for their
+own and not for the King’s sake. Their loyalty was like that of Sir John
+Hotham’s, that kept the King out of Hull, and afterwards would have
+betrayed the same to the Marquis of Newcastle. These Presbyterians
+therefore cannot be rightly called loyal, but rather doubly perfidious,
+unless you think that as two negatives make an affirmative, so two
+treasons make loyalty.
+
+This year also were reduced to the obedience of the Rump the islands of
+Scilly and Man, and the Barbadoes, and St. Christopher’s. One thing fell
+out that they liked not, which was, that Cromwell gave them warning to
+determine their sitting, according to the bill for triennial
+Parliaments.
+
+_B._ That I think indeed was harsh.
+
+_A._ In the year 1652, May the 14th, began the Dutch war, in this
+manner. Three Dutch men-of-war, with divers merchants from the
+straights, being discovered by one Captain Young, who commanded some
+English frigates, the said Young sent to their admiral to bid him strike
+his flag, a thing usually done in acknowledgment of the English dominion
+in the narrow seas; which accordingly he did. Then came up the
+vice-admiral, and being called to as the other was, to take down his
+flag, he answered plainly he would not: but after the exchange of four
+or five broadsides and mischief done on either part, he took it down.
+But Captain Young demanded also, either the vice-admiral himself or his
+ship to make good the damage already sustained; to which the
+vice-admiral answered that he had taken in his flag, but would defend
+himself and his ship. Whereupon Captain Young consulting with the
+captains of his other ships, lest the beginning of the war in this time
+of treaty should be charged upon himself, and night also coming on,
+thought fit to proceed no further.
+
+_B._ The war certainly began at this time. But who began it?
+
+_A._ The dominion of the seas belonging to the English, there can be no
+question but the Dutch began it: and that the said dominion belonged to
+the English, it was confessed at first by the admiral himself peaceably,
+and at last by the vice-admiral taking in their flags.
+
+About a fortnight after there happened another fight upon the like
+occasion. Van Tromp, with forty-two men-of-war, came to the back of
+Goodwin Sands, Major Bourne being then with a few of the Parliament
+ships in the Downs, and Blake with the rest further westward; and sent
+two captains of his to Bourne, to excuse his coming thither. To whom
+Bourne returned this answer, that the message was civil, but that it
+might appear real he ought to depart. So Van Tromp departed, meaning,
+now Bourne was satisfied, to sail towards Blake, and he did so; but so
+did also Bourne, for fear of the worst. When Van Tromp and Blake were
+near one another, Blake made a shot over Van Tromp’s ship, as a warning
+to him to take in his flag. This he did thrice, and then Van Tromp gave
+him a broadside; and so began the fight, (at the beginning whereof
+Bourne came in), and lasted from two o’clock till night, the English
+having the better, and the flag, as before, making the quarrel.
+
+_B._ What needs there, when both nations were heartily resolved to
+fight, to stand so much upon this compliment of who should begin? For as
+to the gaining of friends and confederates thereby, I think it was in
+vain; seeing princes and states in such occasions look not much upon the
+justice of their neighbours, but upon their own concernment in the
+event.
+
+_A._ It is commonly so; but in this case, the Dutch knowing the dominion
+of the narrow seas to be a gallant title, and envied by all the nations
+that reach the shore, and consequently that they were likely to oppose
+it, did wisely enough in making this point the state of the quarrel.
+After this fight the Dutch ambassadors residing in England sent a paper
+to the council of state, wherein they styled this last encounter a rash
+action, and affirmed it was done without the knowledge and against the
+will of their lords the States-general, and desired them that nothing
+might be done upon it in heat, which might become irreparable. The
+Parliament hereupon voted: 1. That the States-general should pay the
+charges they were at, and for the damages they sustained upon this
+occasion. 2. That this being paid, there should be a cessation of all
+acts of hostility, and a mutual restitution of all ships and goods
+taken. 3. And both these agreed to, that there should be made a league
+between the two commonwealths. These votes were sent to the Dutch
+ambassadors in answer of the said paper; but with a preamble setting
+forth the former kindnesses of England to the Netherlands, and taking
+notice of their new fleet of 150 men-of-war, without any other apparent
+design than the destruction of the English fleet.
+
+_B._ What answer made the Dutch to this?
+
+_A._ None. Van Tromp sailed presently to Zealand, and Blake with seventy
+men-of-war to the Orkney Islands to seize their busses, and to wait for
+five Dutch ships from the East Indies. And Sir George Askew, newly
+returned from the Barbadoes, came into the Downs with fifteen
+men-of-war, where he was commanded to stay for a recruit out of the
+Thames.
+
+Van Tromp being recruited now to 120 sail, made account to get in
+between Sir George Askew and the mouth of the river, but was hindered so
+long by contrary winds, that the merchants calling for his convoy he
+could stay no longer; and so he went back into Holland, and thence to
+Orkney, where he met with the said five East India ships and sent them
+home. And then he endeavoured to engage with Blake, but a sudden storm
+forced him to sea, and so dissipated his fleet that only forty-two came
+home in a body, the rest singly as well as they could. Blake also came
+home (but went first to the coast of Holland) with 900 prisoners and six
+men-of-war taken, which were part of twelve which he found and took
+guarding their busses. This was the first bout after the war declared.
+
+In August following there happened a fight between De Ruyter, the
+admiral of Zealand, with fifty men-of-war, and Sir George Askew, near
+Plymouth, with forty, wherein Sir George had the better, and might have
+got an entire victory had the whole fleet engaged. Whatsoever was the
+matter, the Rump, though they rewarded him, never more employed him
+after his return in their service at sea: but voted for the year to come
+three generals, Blake that was one already, and Dean, and Monk.
+
+About this time the Archduke Leopold besieging Dunkirk, and the French
+sending a fleet to relieve it, General Blake lighting on the French at
+Calais, and taking seven of their ships, was cause of the town’s
+surrender.
+
+In September they fought again, De Witt and De Ruyter commanding the
+Dutch, and Blake the English; and the Dutch were again worsted.
+
+Again, in the end of November, Van Tromp with eighty men-of-war shewed
+himself at the back of Goodwin Sands; where Blake, though he had with
+him but forty, adventured to fight with him, and had much the worst, and
+night parting the fray, retired into the river Thames; whilst Van Tromp
+keeping the sea, took some inconsiderable vessels from the English, and
+thereupon, as it was said, with a childish vanity hung out a broom from
+the main-top-mast, signifying he meant to sweep the seas of all English
+shipping.
+
+After this, in February, the Dutch with Van Tromp were encountered by
+the English under Blake and Dean near Portsmouth, and had the worst. And
+these were all the encounters between them in this year in the narrow
+seas. They fought also once at Leghorn, where the Dutch had the better.
+
+_B._ I see no great odds yet on either side; if there were any, the
+English had it.
+
+_A._ Nor did either of them the more incline to peace. For the
+Hollanders, after they had sent ambassadors into Denmark, Sweden,
+Poland, and the Hanse Towns whence tar and cordage are usually had, to
+signify the declaration of the war, and to get them to their party,
+recalled their ambassadors from England. And the Rump without delay,
+gave them their parting audience, without abating a syllable of their
+former severe propositions; and presently, to maintain the war for the
+next year, laid a tax upon the people of 120,000_l._ _per mensem_.
+
+_B._ What was done in the mean time at home?
+
+_A._ Cromwell was now quarrelling with the last and greatest obstacle to
+his design, the Rump. And to that end there came out daily from the army
+petitions, addresses, remonstrances, and other such papers; some of them
+urging the Rump to dissolve themselves and make way for another
+Parliament. To which the Rump, unwilling to yield and not daring to
+refuse, determined for the end of their sitting the 5th of November
+1654. But Cromwell meant not to stay so long.
+
+In the meantime the army in Ireland was taking submissions, and granting
+transportations of the Irish, and condemning whom they pleased in a High
+Court of Justice erected there for that purpose. Amongst those that were
+executed, was hanged Sir Phelim O’Neale, who first began the rebellion.
+In Scotland the English built some citadels for the bridling of that
+stubborn nation. And thus ended the year 1652.
+
+_B._ Come we then to the year 1653.
+
+_A._ Cromwell wanted now but one step to the end of his ambition, and
+that was to set his foot upon the neck of this Long Parliament; which he
+did April the 23rd of this present year 1653, a time very seasonable.
+For though the Dutch were not mastered yet, they were much weakened; and
+what with prizes from the enemy and squeezing the royal party, the
+treasury was pretty full, and the tax of 120,000_l._ a month began to
+come in; all which was his own in right of the army.
+
+Therefore, without more ado, attended by the Major-Generals Lambert and
+Harrison, and some other officers, and as many soldiers as he thought
+fit, he went to the Parliament House, and dissolved them, turning them
+out, and locked up the doors. And for this action he was more applauded
+by the people than for any of his victories in the war, and the
+Parliament men as much scorned and derided.
+
+_B._ Now that there was no Parliament, who had the supreme power?
+
+_A._ If by power you mean the right to govern, nobody had it. If you
+mean the supreme strength, it was clearly in Cromwell, who was obeyed as
+general of all the forces in England, Scotland, and Ireland.
+
+_B._ Did he pretend that for title?
+
+_A._ No: but presently after he invented a title, which was this; that
+he was necessitated for the defence of the cause, for which at first the
+Parliament had taken up arms, that is to say, rebelled, to have recourse
+to extraordinary actions. You know the pretence of the Long Parliament’s
+rebellion was _salus populi_, the safety of the nation against a
+dangerous conspiracy of Papists and a malignant party at home; and that
+every man is bound, as far as his power extends, to procure the safety
+of the whole nation, which none but the army were able to do, and the
+Parliament had hitherto neglected. Was it not then the general’s duty to
+do it? Had he not therefore right? For that law of _salus populi_ is
+directed only to those that have power enough to defend the people; that
+is, to them that have the supreme power.
+
+_B._ Yes, certainly, he had as good a title as the Long Parliament. But
+the Long Parliament did represent the people; and it seems to me that
+the sovereign power is essentially annexed to the representative of the
+people.
+
+_A._ Yes, if he that makes a representative, that is in the present case
+the King, do call them together to receive the sovereign power, and he
+divest himself thereof; otherwise not. Nor was ever the Lower House of
+Parliament the representative of the whole nation, but of the commons
+only; nor had that House the power to oblige by their acts or
+ordinances, any lord or any priest.
+
+_B._ Did Cromwell come in upon the only title of _salus populi_?
+
+_A._ This is a title that very few men understand. His way was to get
+the supreme power conferred upon him by Parliament. Therefore he called
+a Parliament, and gave it the supreme power, to the end that they should
+give it to him again. Was not this witty? First, therefore, he published
+a declaration of the causes why he dissolved the Parliament. The sum
+whereof was, that instead of endeavouring to promote the good of God’s
+people, they endeavoured, by a bill then ready to pass, to recruit the
+House and perpetuate their own power. Next he constituted a council of
+state of his own creatures, to be the supreme authority of England; but
+no longer than till the next Parliament should be called and met.
+Thirdly, he summoned 142 persons, such as he himself or his trusty
+officers made choice of; the greatest part of whom were instructed what
+to do; obscure persons, and most of them fanatics, though styled by
+Cromwell men of approved fidelity and honesty. To these the council of
+state surrendered the supreme authority, and not long after these men
+surrendered it to Cromwell. July the 4th this Parliament met, and chose
+for their Speaker one Mr. Rous, and called themselves from that time
+forward the Parliament of England. But Cromwell, for the more surety,
+constituted also a council of state; not of such petty fellows as most
+of these were, but of himself and his principal officers. These did all
+the business, both public and private; making ordinances, and giving
+audiences to foreign ambassadors. But he had now more enemies than
+before. Harrison, who was the head of the Fifth-monarchy-men, laying
+down his commission, did nothing but animate his party against him; for
+which afterwards he was imprisoned. This little Parliament in the
+meantime were making of acts so ridiculous and displeasing to the
+people, that it was thought he chose them on purpose to bring all ruling
+Parliaments into contempt, and monarchy again into credit.
+
+_B._ What acts were these?
+
+_A._ One of them was, that all marriages should be made by a justice of
+peace, and the banns asked three several days in the next market: none
+were forbidden to be married by a minister, but without a justice of
+peace the marriage was to be void: so that divers wary couples, to be
+sure of one another, howsoever they might repent it afterwards, were
+married both ways. Also they abrogated the engagement, whereby no man
+was admitted to sue in any court of law that had not taken it, that is,
+that had not acknowledged the late Rump.
+
+_B._ Neither of these did any hurt to Cromwell.
+
+_A._ They were also in hand with an act to cancel all the present laws
+and law-books, and to make a new code more suitable to the humour of the
+Fifth-monarchy-men; of whom there were many in this Parliament. Their
+tenet being, that there ought none to be sovereign but King Jesus, nor
+any to govern under him but the saints. But their authority ended before
+this act passed.
+
+_B._ What is this to Cromwell?
+
+_A._ Nothing yet. But they were likewise upon an act, now almost ready
+for the question, that Parliaments henceforward, one upon the end of
+another, should be perpetual.
+
+_B._ I understand not this; unless Parliaments can beget one another
+like animals, or like the phœnix.
+
+_A._ Why not like the phœnix? Cannot a Parliament at the day of their
+expiration send out writs for a new one?
+
+_B._ Do you think they would not rather summon themselves anew; and to
+save the labour of coming again to Westminster, sit still where they
+were? Or if they summon the country to make new elections, and then
+dissolve themselves, by what authority shall the people meet in their
+county courts, there being no supreme authority standing?
+
+_A._ All they did was absurd, though they knew not that; no nor this,
+whose design was upon the sovereignty, the contriver of this act, it
+seems, perceived not; but Cromwell’s party in the House saw it well
+enough. And therefore, as soon as it was laid, there stood up one of the
+members and made a motion, that since the commonwealth was like to
+receive little benefit by their sitting, they should dissolve
+themselves. Harrison and they of his sect were troubled hereat, and made
+speeches against it; but Cromwell’s party, of whom the speaker was one,
+left the House, and with the mace before them went to Whitehall, and
+surrendered their power to Cromwell that had given it to them. And so he
+got the sovereignty by an act of Parliament; and within four days after,
+December the 16th, was installed Protector of the three nations, and
+took his oath to observe certain rules of governing, engrossed in
+parchment and read before him. The writing was called _the instrument_.
+
+_B._ What were the rules he swore to?
+
+_A._ One was, to call a Parliament every third year, of which the first
+was to begin September the 3rd following.
+
+_B._ I believe he was a little superstitious in the choice of September
+the 3rd, because it was lucky to him in 1650 and 1651, at Dunbar and
+Worcester; but he knew not how lucky the same would be to the whole
+nation in 1658 at Whitehall.
+
+_A._ Another was, that no Parliament should be dissolved till it had
+sitten five months; and those bills that they presented to him, should
+be passed by him within twenty days, or else they should pass without
+him.
+
+A third, that he should have a council of state of not above twenty-one,
+nor under thirteen; and that upon the Protector’s death this council
+should meet, and before they parted choose a new Protector. There were
+many more besides, but not necessary to be inserted.
+
+_B._ How went on the war against the Dutch?
+
+_A._ The generals for the English were Blake, and Dean, and Monk; and
+Van Tromp for the Dutch; between whom was a battle fought the 2nd of
+June, which was a month before the beginning of this little Parliament;
+wherein the English had the victory, and drove the enemies into their
+harbours, but with the loss of General Dean, slain by a cannon-shot.
+This victory was great enough to make the Dutch send over ambassadors
+into England, in order to a treaty; but in the meantime they prepared
+and put to sea another fleet, which likewise, in the end of July, was
+defeated by General Monk, who got now a greater victory than before; and
+this made the Dutch descend so far as to buy their peace with the
+payment of the charge of the war, and with the acknowledgment, amongst
+other articles, that the English had the right of the flag.
+
+This peace was concluded in March, being the end of this year, but not
+proclaimed till April; the money, it seems, being not paid till then.
+
+The Dutch war being now ended, the Protector sent his youngest son Henry
+into Ireland, whom also some time after he made lieutenant there; and
+sent Monk lieutenant-general into Scotland, to keep those nations in
+obedience. Nothing else worth remembering was done this year at home;
+saving the discovery of a plot of royalists, as was said, upon the life
+of the Protector, who all this while had intelligence of the King’s
+designs from a traitor in his court, who afterwards was taken in the
+manner and killed.
+
+_B._ How came he into so much trust with the King?
+
+_A._ He was the son of a colonel that was slain in the wars on the late
+King’s side. Besides, he pretended employment from the King’s loyal and
+loving subjects here, to convey to his Majesty money as they from time
+to time should send him; and to make this credible, Cromwell himself
+caused money to be sent to him.
+
+The following year, 1654, had nothing of war, but was spent in civil
+ordinances, in appointing of judges, preventing of plots (for usurpers
+are jealous), and in executing the King’s friends and selling their
+lands. The 3rd of September, according to the instrument, the Parliament
+met; in which there was no House of Lords, and the House of Commons was
+made, as formerly, of knights and burgesses; but not as formerly, of two
+burgesses for a borough and two knights for a county; for boroughs for
+the most part had but one burgess, and some counties six or seven
+knights. Besides, there were twenty members for Scotland, and as many
+for Ireland. So that now Cromwell had nothing else to do but to show his
+art of government upon six coach-horses newly presented to him, which,
+being as rebellious as himself, threw him out of the coach-box and
+almost killed him.
+
+_B._ This Parliament, which had seen how Cromwell had handled the two
+former, the long one and the short one, had surely learned the wit to
+behave themselves better to him than those had done?
+
+_A._ Yes, especially now that Cromwell in his speech at their first
+meeting had expressly forbidden them to meddle either with the
+government by a single person and Parliament, or with the militia, or
+with perpetuating of Parliaments, or taking away liberty of conscience;
+and told them also that every member of the House, before they sat, must
+take a recognition of his power in divers points. Whereupon, of above
+400 there appeared not above 200 at first; though afterwards some
+relenting, there sat about 300. Again, just at their sitting down he
+published some ordinances of his own, bearing date before their meeting;
+that they might see he took his own acts to be as valid as theirs. But
+all this could not make them know themselves. They proceeded to debate
+of every article of the recognition.
+
+_B._ They should have debated that before they had taken it.
+
+_A._ But then they had never been suffered to sit. Cromwell being
+informed of their stubborn proceedings, and out of hope of any supply
+from them, dissolved them.
+
+All that passed besides in this year, was the exercise of the High Court
+of Justice upon some royalists for plots.
+
+In the year 1655 the English, to the number of near 10,000, landed in
+Hispaniola, in hope of the plunder of the gold and silver, whereof they
+thought there was great abundance in the town of Santo Domingo; but were
+well beaten by a few Spaniards, and with the loss of near 1,000 men,
+went off to Jamaica and possessed it.
+
+This year also the royal party made another attempt in the west; and
+proclaimed there King Charles the Second; but few joining with them, and
+some falling off, they were soon suppressed, and many of the principal
+persons executed.
+
+_B._ In these many insurrections, the royalists, though they meant well,
+yet they did but disservice to the King by their impatience. What hope
+had they to prevail against so great an army as the Protector had ready?
+What cause was there to despair of seeing the King’s business done
+better by the dissension and ambition of the great commanders in that
+army, whereof many had the favour to be as well esteemed amongst them as
+Cromwell himself?
+
+_A._ That was somewhat uncertain. The Protector, being frustrated of his
+hope of money at Santo Domingo, resolved to take from the royalists the
+tenth part yearly of their estates. And to this end chiefly, he divided
+England into eleven major-generalships, with commission to every
+major-general to make a roll of the names of all suspected persons of
+the King’s party, and to receive the tenth part of their estates within
+his precinct; as also to take caution from them not to act against the
+state, and to reveal all plots that should come to their knowledge; and
+to make them engage the like for their servants. They had commission
+also to forbid horse-races and concourse of people, and to receive and
+account for this decimation.
+
+_B._ By this the usurper might easily inform himself of the value of all
+the estates in England, and of the behaviour and affection of every
+person of quality; which has heretofore been taken for very great
+tyranny.
+
+_A._ The year 1656 was a Parliament-year by the instrument. Between the
+beginning of this year and the day of the Parliament’s sitting, which
+was September 17, these major-generals, resided in several provinces,
+behaving themselves most tyrannically. Amongst other of their tyrannies
+was the awing of elections, and making themselves and whom they pleased
+to be returned members for the Parliament; which was also thought a part
+of Cromwell’s design in their constitution: for he had need of a giving
+Parliament, having lately, upon a peace made with the French, drawn upon
+himself a war with Spain.
+
+This year it was that Captain Stainer set upon the Spanish Plate-fleet,
+being eight in number, near Cadiz; whereof he sunk two, and took two,
+there being in one of them two millions of pieces of eight, which
+amounts to 400,000_l._ sterling.
+
+This year also it was that James Naylor appeared at Bristol, and would
+be taken for Jesus Christ. He wore his beard forked, and his hair
+composed to the likeness of that in the _Volto Santo_; and being
+questioned, would sometimes answer _Thou sayest it_. He had also his
+disciples, that would go by his horse’s side to the mid-leg in dirt.
+Being sent for by the Parliament, he was sentenced to stand on the
+pillory, to have his tongue bored through, and to be marked on the
+forehead with the letter B, for blasphemy, and to remain in Bridewell.
+Lambert, a great favourite of the army, endeavoured to save him, partly
+because he had been his soldier, and partly to curry favour with the
+sectaries of the army; for he was now no more in the Protector’s favour,
+but meditating how he might succeed him in his power.
+
+About two years before this, there appeared in Cornwall a prophetess,
+much famed for her dreams and visions, and hearkened to by many, whereof
+some were eminent officers. But she and some of her accomplices being
+imprisoned, we heard no more of her.
+
+_B._ I have heard of another, one Lilly, that prophecied all the time of
+the Long Parliament. What did they to him?
+
+_A._ His prophecies were of another kind; he was a writer of almanacs,
+and a pretender to a pretended art of judicial astrology; a meer cozener
+to get maintenance from a multitude of ignorant people; and no doubt had
+been called in question, if his prophecies had been any way
+disadvantageous to that Parliament.
+
+_B._ I understand not how the dreams and prognostications of madmen (for
+such I take to be all those that foretell future contingencies) can be
+of any great disadvantage to the commonwealth.
+
+_A._ Yes, yes: know, there is nothing that renders human counsels
+difficult, but the uncertainty of future time; nor that so well directs
+men in their deliberations, as the foresight of the sequels of their
+actions; prophecy being many times the principal cause of the event
+foretold. If, upon some prediction, the people should have been made
+confident that Oliver Cromwell and his army should be, upon a day to
+come, utterly defeated; would not every one have endeavoured to assist,
+and to deserve well of the party that should give him that defeat? Upon
+this account it was that fortune-tellers and astrologers were so often
+banished out of Rome.
+
+The last memorable thing this year, was a motion made by a member of the
+House, an alderman of London, that the Protector might be petitioned and
+advised by the House to leave the title of Protector, and take upon him
+that of King.
+
+_B._ That was indeed a bold motion, and which would, if prosperous, have
+put an end to many men’s ambition, and to the licentiousness of the
+whole army. I think the motion was made on purpose to ruin both the
+Protector himself and his ambitious officers.
+
+_A._ It may be so. In the year 1657 the first thing the Parliament did,
+was the drawing up of this petition to the Protector, to take upon him
+the government of the three nations, with the title of King. As of other
+Parliaments, so of this, the greatest part had been either kept out of
+the House by force, or else themselves had forborne to sit and become
+guilty of setting up this King Oliver. But those few that sat, presented
+their petition to the Protector, April the 9th, in the Banquetinghouse
+at Whitehall; where Sir Thomas Widdrington, the Speaker, used the first
+arguments, and the Protector desired some time to seek God, the business
+being weighty. The next day they sent a committee to him to receive his
+answer; which answer being not very clear, they pressed him again for a
+resolution; to which he made answer in a long speech, that ended in a
+peremptory refusal. And so retaining still the title of Protector, he
+took upon him the government according to certain articles contained in
+the said petition.
+
+_B._ What made him refuse the title of King?
+
+_A._ Because he durst not take it at that time; the army being addicted
+to their great officers, and amongst their great officers many hoping to
+succeed him, and, the succession having been promised to Major-General
+Lambert, would have mutinied against him. He was therefore forced to
+stay for a more propitious conjuncture.
+
+_B._ What were those articles?
+
+_A._ The most important of them were: 1. That he would exercise the
+office of chief-magistrate of England, Scotland, and Ireland, under the
+title of Protector, and govern the same according to the said petition
+and advice: and that he would in his life-time name his successor.
+
+_B._ I believe the Scots, when they first rebelled, never thought of
+being governed absolutely, as they were by Oliver Cromwell.
+
+_A._ 2. That he should call a Parliament every three years at farthest.
+3. That those persons which were legally chosen members, should not be
+secluded without consent of the House. In allowing this clause, the
+Protector observed not that the secluded members of this same
+Parliament, are thereby re-admitted. 4. The members were qualified. 5.
+The power of the other House was defined. 6. That no law should be made
+but by act of Parliament. 7. That a constant yearly revenue of a million
+of pounds should be settled for the maintenance of the army and navy;
+and 300,000_l._ for the support of the government, besides other
+temporary supplies as the House of Commons should think fit. 8. That all
+the officers of state should be chosen by the Parliament. 9. That the
+Protector should encourage the ministry. Lastly, that he should cause a
+profession of religion to be agreed on and published. There are divers
+others of less importance. Having signed the articles, he was presently
+with great ceremony installed anew.
+
+_B._ What needed that, seeing he was still but Protector?
+
+_A._ But the articles of this petition were not all the same with those
+of his former instrument. For now there was to be another House; and
+whereas before, his council was to name his successor, he had power now
+to do it himself; so that he was an absolute monarch, and might leave
+the succession to his son if he would, and so successively, or transfer
+it to whom he pleased.
+
+The ceremony being ended, the Parliament adjourned to the 20th of
+January following; and then the other House also sat with their fellows.
+
+The House of Commons being now full, took little notice of the other
+House, wherein there were not of sixty persons above nine lords; but
+fell a questioning all that their fellows had done, during the time of
+their seclusion; whence had followed the avoidance of the power newly
+placed in the Protector. Therefore, going to the House, he made a speech
+to them, ending in these words; _By the living God, I must, and do
+dissolve you_.
+
+In this year, the English gave the Spaniard another great blow at Santa
+Cruz, not much less than they had given him the year before at Cadiz.
+
+About the time of the dissolution of this Parliament, the royalists had
+another design against the Protector; which was, to make an insurrection
+in England, the King being in Flanders ready to second them with an army
+thence. But this also was discovered by treachery, and came to nothing
+but the ruin of those that were engaged in it; whereof many in the
+beginning of the next year were by a High Court of Justice imprisoned,
+and some executed.
+
+This year also was Major-General Lambert put out of all employment, a
+man second to none but Oliver in the favour of the army. But because he
+expected by that favour, or by promise from the Protector, to be his
+successor in the supreme power, it would have been dangerous to let him
+have command in the army; the Protector having designed for his
+successor his eldest son Richard.
+
+In the year 1658, September the 3rd, the Protector died at Whitehall;
+having ever since his last establishment been perplexed with fear of
+being killed by some desperate attempt of the royalists.
+
+Being importuned in his sickness by his privy-council to name his
+successor, he named his son Richard; who, encouraged thereunto, not by
+his own ambition, but by Fleetwood, Desborough, Thurlow, and other of
+his council, was content to take it upon him; and presently, addresses
+were made to him from the armies in England, Scotland and Ireland. His
+first business was the chargeable and splendid funeral of his father.
+
+Thus was Richard Cromwell seated on the imperial throne of England,
+Ireland, and Scotland, successor to his father; lifted up to it by the
+officers of the army then in town, and congratulated by all the parts of
+the army throughout the three nations; scarce any garrison omitting
+their particular flattering addresses to him.
+
+_B._ Seeing the army approved of him, how came he so soon cast off?
+
+_A._ The army was inconstant; he himself irresolute, and without any
+military glory. And though the two principal officers had a near
+relation to him; yet neither of them, but Lambert, was the great
+favourite of the army; and by courting Fleetwood to take upon him the
+Protectorship, and by tampering with the soldiers, he had gotten again
+to be a colonel. He and the rest of the officers had a council at
+Wallingford House, where Fleetwood dwelt, for the dispossessing of
+Richard; though they had not yet considered how the nations should be
+governed afterwards. For from the beginning of the rebellion, the method
+of ambition was constantly this, first to destroy, and then to consider
+what they should set up.
+
+_B._ Could not the Protector, who kept his court at Whitehall, discover
+what the business of the officers was at Wallingford House, so near him?
+
+_A._ Yes, he was by divers of his friends informed of it; and counselled
+by some of them, who would have done it, to kill the chief of them. But
+he had not courage enough to give them such a commission. He took,
+therefore, the counsel of some milder persons, which was to call a
+Parliament. Whereupon writs were presently sent to those, that were in
+the last Parliament, of the other House, and other writs to the sheriffs
+for the election of knights and burgesses, to assemble on the 27th of
+January following. Elections were made according to the ancient manner,
+and a House of Commons now of the right English temper, and about four
+hundred in number, including twenty for Scotland and as many for
+Ireland. Being met, they take themselves, without the Protector and
+other House, to be a Parliament, and to have the supreme power of the
+three nations.
+
+For the first business, they intended the power of that other House: but
+because the Protector had recommended to them for their first business
+an act, already drawn up, for the recognition of his Protectoral power,
+they began with that; and voted after a fortnight’s deliberation, that
+an act should be made whereof this act of recognition should be part;
+and that another part should be for the bounding of the Protector’s
+power, and for the securing the privileges of Parliament and liberties
+of the subject; and that all should pass together.
+
+_B._ Why did these men obey the Protector at first, in meeting upon his
+only summons? Was not that as full a recognition of his power as was
+needful? Why by this example did they teach the people that he was to be
+obeyed, and then by putting laws upon him, teach them the contrary? Was
+it not the Protector that made the Parliament? Why did they not
+acknowledge their maker?
+
+_A._ I believe it is the desire of most men to bear rule; but few of
+them know what title one has to it more than another, besides the right
+of the sword.
+
+_B._ If they acknowledged the right of the sword, they were neither just
+nor wise to oppose the present government, set up and approved by all
+the forces of the three kingdoms. The principles of this House of
+Commons were, no doubt, the very same with theirs that began the
+rebellion; and would, if they could have raised a sufficient army, have
+done the same against the Protector; and the general of their army
+would, in like manner, have reduced them to a Rump. For they that keep
+an army, and cannot master it, must be subject to it as much as he that
+keeps a lion in his house. The temper of all the Parliaments, since the
+time of Queen Elizabeth, has been the same with the temper of this
+Parliament; and shall always be such, as long as the Presbyterians and
+men of democratical principles have the like influence upon the
+elections.
+
+_A._ After, they resolved concerning the other House, that during this
+Parliament they would transact with it, but without intrenching upon the
+right of the peers, to have writs sent to them in all future
+Parliaments. These votes being passed, they proceed to another, wherein
+they assume to themselves the power of the militia. Also to show their
+supreme power, they delivered out of prison some of those that had been,
+they said, illegally committed by the former Protector. Other points
+concerning civil rights and concerning religion, very pleasing to the
+people, were now also under their consideration. So that at the end of
+this year the Protector was no less jealous of the Parliament, than of
+the council of officers at Wallingford House.
+
+_B._ Thus it is when ignorant men will undertake reformation. Here are
+three parties, the Protector, the Parliament, and the Army. The
+Protector against Parliament and army, the Parliament against army and
+Protector, and the army against Protector and Parliament.
+
+_A._ In the beginning of 1659 the Parliament passed divers other acts.
+One was, to forbid the meetings in council of the army-officers without
+order from the Protector and both houses. Another, that no man shall
+have any command or trust in the army, who did not first, under his
+hand, engage himself never to interrupt any of the members, but that
+they might freely meet and debate in the House. And to please the
+soldiers, they voted to take presently into their consideration the
+means of paying them their arrears. But whilst they were considering
+this, the Protector, according to the first of those acts, forbad the
+meeting of officers at Wallingford House. This made the government,
+which by the disagreement of the Protector and army was already loose,
+to fall in pieces. For the officers from Wallingford House, with
+soldiers enough, came over to Whitehall, and brought with them a
+commission ready drawn, giving power to Desborough to dissolve the
+Parliament, for the Protector to sign; which also, his heart and his
+party failing him, he signed. The Parliament nevertheless continued
+sitting; but at the end of the week the House adjourned till the Monday
+after, being April the 25th. At their coming on Monday morning, they
+found the door of the House shut up, and the passages to it filled with
+soldiers, who plainly told them they must sit no longer. Richard’s
+authority and business in town being thus at an end, he retired into the
+country; where within a few days, upon promise of the payment of his
+debts, which his father’s funeral had made great, he signed a
+resignation of his Protectorship.
+
+_B._ To whom?
+
+_A._ To nobody. But after ten days' cessation of the sovereign power,
+some of the Rumpers that were in town, together with the old Speaker Mr.
+William Lenthal, resolved amongst themselves, and with Lambert,
+Hazlerig, and other officers, who were also Rumpers, in all forty-two,
+to go into the House; which they did, and were by the army declared to
+be the Parliament.
+
+There were also in Westminster Hall at that time, about their private
+business, some few of those whom the army had secluded in 1648, and were
+called the secluded members. These knowing themselves to have been
+elected by the same authority, and to have the same right to sit,
+attempted to get into the House, but were kept out by the soldiers. The
+first vote of the Rump reseated was, that such persons as, heretofore
+members of this Parliament, have not sitten in this Parliament since the
+year 1648, shall not sit in this House till further order of the
+Parliament. And thus the Rump recovered their authority May the 7th
+1659, which they lost in April 1653.
+
+_B._ Seeing there had been so many shiftings of the supreme authority, I
+pray you, for memory’s sake, repeat them briefly in times and order.
+
+_A._ First, from 1640 to 1648, when the King was murdered, the
+sovereignty was disputed between King Charles I and the Presbyterian
+Parliament. Secondly, from 1648 to 1653, the power was in that part of
+the Parliament which voted the trial of the King, and declared
+themselves, without King or House of Lords, to have the supreme
+authority of England and Ireland. For there were in the Long Parliament
+two factions, the Presbyterian and Independent; the former whereof
+sought only the subjection of the King, not his destruction directly;
+the latter sought directly his destruction; and this part is it, which
+was called the Rump. Thirdly, from April the 20th to July the 4th, the
+supreme power was in the hands of a council of state constituted by
+Cromwell. Fourthly, from July the 4th to December the 12th of the same
+year, it was in the hands of men called unto it by Cromwell, whom he
+termed men of fidelity and integrity, and made them a Parliament; which
+was called, in contempt of one of the members, Barebone’s Parliament.
+Fifthly, from December the 12th 1653 to September the 3rd 1658, it was
+in the hands of Oliver Cromwell, with the title of Protector. Sixthly,
+from September the 3rd 1658 to April the 25th 1659, Richard Cromwell had
+it as successor to his father. Seventhly, from April the 25th 1659 to
+May the 7th of the same year, it was nowhere. Eighthly, from May the 7th
+1659, the Rump, which was turned out of doors in 1653, recovered it
+again; and shall lose it again to a committee of safety, and again
+recover it, and again lose it to the right owner.
+
+_B._ By whom, and by what art, came the Rump to be turned out the second
+time?
+
+_A._ One would think them safe enough. The army in Scotland, which when
+it was in London had helped Oliver to put down the Rump, submitted now,
+begged pardon, and promised obedience. The soldiers in town had their
+pay mended, and the commanders everywhere took the old engagement,
+whereby they had acknowledged their authority heretofore. They also
+received their commissions in the House itself from the speaker, who was
+generalissimo. Fleetwood was made lieutenant-general, with such and so
+many limitations as were thought necessary by the Rump, that remembered
+how they had been served by the general, Oliver. Also Henry Cromwell,
+lord-lieutenant of Ireland, having resigned his commission by command,
+returned into England.
+
+But Lambert, to whom, as was said, Oliver had promised the succession,
+and who as well as the Rump knew the way to the Protectorship by
+Oliver’s own footsteps, was resolved to proceed in it upon the first
+opportunity; which presented itself presently after. Besides some plots
+of royalists, whom after the old fashion they again persecuted, there
+was an insurrection made against them by Presbyterians in Cheshire,
+headed by Sir George Booth, one of the secluded members. They were in
+number about 3,000, and their pretence was for a free Parliament. There
+was a great talk of another rising, or endeavour to rise, in Devonshire
+and Cornwall at the same time. To suppress Sir George Booth, the Rump
+sent down more than a sufficient army under Lambert; which quickly
+defeated the Cheshire party, and recovered Chester, Liverpool, and all
+the other places they had seized. Divers also of their commanders in and
+after the battle were taken prisoners, whereof Sir George Booth himself
+was one.
+
+This exploit done, Lambert, before his return, caressed his soldiers
+with an entertainment at his own house in Yorkshire, and got their
+consent to a petition to be made to the House, that a general might be
+set up in the army; as being unfit that the army should be judged by any
+power extrinsic to itself.
+
+_B._ I do not see that unfitness.
+
+_A._ Nor I. But it was, as I have heard, an axiom of Sir Henry Vane’s.
+But it so much displeased the Rump, that they voted, that the having of
+more generals in the army than were already settled, was unnecessary,
+burthensome, and dangerous to the commonwealth.
+
+_B._ This was not Oliver’s method; for though this Cheshire victory had
+been as glorious as that of Oliver at Dunbar, yet it was not the victory
+that made Oliver general, but the resignation of Fairfax, and the
+proffer of it to Cromwell by the Parliament.
+
+_A._ But Lambert thought so well of himself, as to expect it. Therefore,
+at his return to London, he and the other officers assembling at
+Wallingford House, drew their petition into form, and called it a
+representation; wherein the chief point was to have a general, but many
+others of less importance were added; and this they represented to the
+House, October the 4th, by Major-General Desborough. And this so far
+awed them, as to teach them so much good manners as to promise to take
+it presently into debate. Which they did; and October the 12th, having
+recovered their spirits, voted “that the commissions of Lambert,
+Desborough, and others of the council at Wallingford House, should be
+void: item, that the army should be governed by a commission to
+Fleetwood, Monk, Hazlerig, Walton, Morley, and Overton, till February
+the 12th following.” And to make this good against the force they
+expected from Lambert, they ordered Hazlerig and Morley to issue
+warrants to such officers as they could trust, to bring their soldiers
+next morning into Westminster; which was done somewhat too late. For
+Lambert had first brought his soldiers thither, and beset the House, and
+turned back the Speaker, which was then coming to it; but Hazlerig’s
+forces marching about St. James’s park-wall, came into St. Margaret’s
+churchyard; and so both parties looked all day one upon another, like
+enemies, but offered not to fight: whereby the Rump was put out of
+possession of the House; and the officers continued their meeting as
+before, at Wallingford House.
+
+There they chose from among themselves, with some few of the city, a
+committee, which they called a committee of safety, whereof the chief
+were Lambert and Vane; who, with the advice of a general council of
+officers, had power to call delinquents to trial, to suppress
+rebellions, to treat with foreign states, &c. You see now the Rump cut
+off, and the supreme power, which is charged with _salus populi_,
+transferred to a council of officers. And yet Lambert hopes for it in
+the end. But one of their limitations was, that they should within six
+weeks present to the army a new model of the government. If they had
+done so, do you think they would have preferred Lambert or any other to
+the supreme authority therein, rather than themselves?
+
+_B._ I think not. When the Rump had put into commission, amongst a
+few others, for the government of the army, that is to say, for
+the government of the three nations, General Monk, already
+commander-in-chief of the army in Scotland, and that had done much
+greater things in this war than Lambert, how durst they leave him
+out of this committee of safety? Or how could Lambert think that
+General Monk would forgive it, and not endeavour to fasten the
+Rump again?
+
+_A._ They thought not of him; his gallantry had been shown on remote
+stages, Ireland and Scotland. His ambition had not appeared here in
+their contentions for the government, but he had complied both with
+Richard and the Rump. After General Monk had signified by letter his
+dislike of the proceedings of Lambert and his fellows, they were much
+surprised, and began to think him more considerable than they had done;
+but it was too late.
+
+_B._ Why? His army was too small for so great an enterprise.
+
+_A._ The general knew very well his own and their forces, both what they
+were then, and how they might be augmented, and what generally city and
+country wished for, which was the restitution of the King: which to
+bring about, there needed no more but to come with his army, though not
+very great, to London: to the doing whereof, there was no obstacle but
+the army with Lambert. What could he do in this case? If he had declared
+presently for the King or for a free Parliament, all the armies in
+England would have joined against him, and assuming the title of a
+Parliament would have furnished themselves with money.
+
+General Monk, after he had thus quarrelled by his letter with the
+council-officers, secured first those officers of his own army, which
+were Anabaptists and therefore not to be trusted, and put others into
+their places; then drawing his forces together, marched to Berwick.
+Being there, he indicted a convention of the Scots, of whom he desired
+that they would take order for the security of that nation in his
+absence, and raise some maintenance for his army in their march. The
+convention promised for the security of the nation their best endeavour,
+and raised him a sum of money, not great, but enough for his purpose,
+excusing themselves upon their present wants. On the other side, the
+committee of safety with the greatest and best part of their army sent
+Lambert to oppose him; but at the same time, by divers messages and
+mediators urged him to a treaty; which he consented to, and sent three
+officers to London to treat with as many of theirs. These six suddenly
+concluded, without power from the general, upon these articles: that the
+King be excluded; a free state settled; the ministry and universities
+encouraged; with divers others. Which the general liked not, and
+imprisoned one of his commissioners for exceeding his commission.
+Whereupon another treaty was agreed on, of five to five. But whilst
+these treaties were in hand, Hazlerig, a member of the Rump, seized on
+Portsmouth, and the soldiers sent by the committee of safety to reduce
+it, instead of that, entered into the town and joined with Hazlerig.
+Secondly, the city renewed their tumults for a free Parliament. Thirdly,
+the Lord Fairfax, a member also of the Rump, and greatly favoured in
+Yorkshire, was raising forces there behind Lambert, who being now
+between two armies, his enemies would gladly have fought with the
+general. Fourthly, there came news that Devonshire and Cornwall were
+listing of soldiers. Lastly, Lambert’s army wanting money, and sure they
+should not be furnished from the council of officers, which had neither
+authority nor strength to levy money, grew discontented, and for their
+free quarters were odious to the northern countries.
+
+_B._ I wonder why the Scots were so ready to furnish General Monk with
+money; for they were no friends to the Rump.
+
+_A._ I know not; but I believe the Scots would have parted with a
+greater sum, rather than the English should not have gone together by
+the ears amongst themselves. The council of officers being now beset
+with so many enemies, produced speedily their model of government; which
+was to have a free Parliament, which should meet December the 15th, but
+with such qualifications of no King, no House of Lords, as made the city
+more angry than before. To send soldiers into the west to suppress those
+that were rising there, they durst not, for fear of the city; nor could
+they raise any other for want of money. There remained nothing but to
+break, and quitting Wallingford House to shift for themselves. This
+coming to the knowledge of their army in the north, they deserted
+Lambert; and the Rump, the 26th of December, repossessed the House.
+
+_B._ Seeing the Rump was now reseated, the business pretended by General
+Monk for his marching to London, was at an end.
+
+_A._ The Rump, though seated, was not well settled, but in the midst of
+so many tumults for a free Parliament had as much need of the general’s
+coming up now as before. He therefore sent them word, that because he
+thought them not yet secure enough, he would come up to London with his
+army; which they not only accepted, but also intreated him to do, and
+voted him for his services 1000_l._ a year.
+
+The general marching towards London, the country every where petitioned
+him for a free Parliament. The Rump, to make room in London for his
+army, dislodged their own. The general for all that, had not let fall a
+word in all this time that could be taken for a declaration of his final
+design.
+
+_B._ How did the Rump revenge themselves on Lambert?
+
+_A._ They never troubled him; nor do I know any cause of so gentle
+dealing with him: but certainly Lambert was the ablest of any officer
+they had to do them service, when they should have means and need to
+employ him. After the general was come to London, the Rump sent to the
+city for their part of a tax of 100,000_l._ a month, for six months,
+according to an act which the Rump had made formerly before their
+disseisin by the committee of safety. But the city, who were adverse to
+the Rump, and keen upon a free Parliament, could not be brought to give
+their money to their enemies and to purposes repugnant to their own.
+Hereupon the Rump sent order to the general to break down the city gates
+and their portcullises, and to imprison certain obstinate citizens. This
+he performed, and it was the last service he did them.
+
+About this time the commission, by which general Monk with others had
+the government of the army put into their hands by the Rump before the
+usurpation of the council of officers, came to expire; which the present
+Rump renewed.
+
+_B._ He was thereby the sixth part of the general of the whole forces of
+the commonwealth. If I had been as the Rump, he should have been sole
+general. In such cases as this, there cannot be a greater vice than
+pinching. Ambition should be liberal.
+
+_A._ After the pulling down of the city gates, the general sent a letter
+to the Rump, to let them know that that service was much against his
+nature, and to put them in mind how well the city had served the
+Parliament throughout the whole war.
+
+_B._ Yes. But for the city the Parliament never could have made the war,
+nor the Rump ever have murdered the King.
+
+_A._ The Rump considered not the merit of the city, nor the good-nature
+of the general. They were busy. They were giving out commissions, making
+of acts for abjuration of the King and his line, and for the old
+engagement, and conferring with the city to get money. The general also
+desired to hear conference between some of the Rump and some of the
+secluded members, concerning the justice of their seclusion, and of the
+hurt that could follow from their readmission: and it was granted, after
+long conference. The general finding the Rump’s pretences unreasonable
+and ambitious, declared himself with the city for a free Parliament, and
+came to Westminster with the secluded members, (whom he had appointed to
+meet and stay for him at Whitehall), and replaced them in the House
+amongst the Rumpers; so that now the same cattle that were in the House
+of Commons in 1640, except those that were dead and those that went from
+them to the late King at Oxford, are all there again.
+
+_B._ But this, methinks, was no good service to the King, unless they
+had learned better principles.
+
+_A._ They had learned nothing. The major part was now again
+Presbyterian. It is true they were so grateful to General Monk as to
+make him general of all the forces in the three nations. They did well
+also to make void the engagement; but it was because those acts were
+made to the prejudice of their party; but recalled none of their own
+rebellious ordinances, nor did anything in order to the good of the
+present King; but on the contrary, they declared by a vote, that the
+late King began the war against his two Houses.
+
+_B._ The two Houses considered as two persons, were they not two of the
+King’s subjects? If a king raise an army against his subject, is it
+lawful for that subject to resist with force, when, as in this case, he
+might have had peace upon his submission?
+
+_A._ They knew they had acted vilely and sottishly; but because they had
+always pretended to greater than ordinary wisdom and godliness, they
+were loath to confess it. The Presbyterians now saw their time to make a
+Confession of their Faith, and presented it to the House of Commons to
+show they had not changed their principles; which, after six readings in
+the House, was voted to be printed, and once a year to be read publicly
+in every church.
+
+_B._ I say again, this re-establishing of the Long Parliament was no
+good service to the King.
+
+_A._ Have a little patience. They were re-established with two
+conditions; one to determine their sitting before the end of March;
+another to send out writs before their rising for new elections.
+
+_B._ That qualifies.
+
+_A._ That brought in the King: for few of this Long Parliament, the
+country having felt the smart of their former service, could get
+themselves chosen again. This New Parliament began to sit April the 25th
+1660. How soon these called in the King; with what joy and triumph he
+was received; how earnestly his Majesty pressed the Parliament for the
+act of oblivion, and how few were excepted out of it; you know as well
+as I.
+
+_B._ But I have not yet observed in the Presbyterians any oblivion of
+their former principles. We are but returned to the state we were in at
+the beginning of the sedition.
+
+_A._ Not so: for before that time, though the Kings of England had the
+right of the militia in virtue of the sovereignty, and without dispute,
+and without any particular act of Parliament directly to that purpose;
+yet now, after this bloody dispute, the next, which is the present,
+Parliament, in proper and express terms hath declared the same to be the
+right of the King only, without either of his Houses of Parliament;
+which act is more instructive to the people, than any arguments drawn
+from the title of sovereign, and consequently fitter to disarm the
+ambition of all seditious haranguers for the time to come.
+
+_B._ I pray God it prove so. Howsoever, I must confess that this
+Parliament has done all that a Parliament can do for the security of our
+peace: which I think also would be enough, if preachers would take heed
+of instilling evil principles into their auditory. I have seen in this
+revolution a circular motion of the sovereign power through two
+usurpers, from the late King to this his son. For (leaving out the power
+of the council of officers, which was but temporary, and no otherwise
+owned by them but in trust) it moved from King Charles I to the Long
+Parliament; from thence to the Rump; from the Rump to Oliver Cromwell;
+and then back again from Richard Cromwell to the Rump; thence to the
+Long Parliament; and thence to King Charles II, where long may it
+remain.
+
+_A._ Amen. And may he have as often as there shall be need such a
+general.
+
+_B._ You have told me little of the general till now in the end: but
+truly, I think the bringing of his little army entirely out of Scotland
+up to London, was the greatest stratagem that is extant in history.
+
+
+                               ==========
+
+
+
+
+                                  THE
+                         WHOLE ART OF RHETORIC.
+
+          Di, majorum umbris tenuem, et sine pondere terram,
+          Spirantesque crocos, et in urna perpetuum ver,
+          Qui præceptorem sancti voluere parentis
+          Esse loco.
+                                       JUVENAL, VII. 207-210.
+
+
+[The following is the Preface prefixed, in the 8vo. edition of 1681, to
+    this piece and the Discourse of the Laws of England.]
+
+                               ==========
+
+                             TO THE READER.
+
+Although these pieces may appear fully to express their own real
+intrinsic value, as bearing the image and inscription of that great man
+Mr. Hobbes; yet since common usage has rendered a preface to a book as
+necessary as a porch to a church, and that in all things some ceremonies
+cannot be avoided, mode and custom in this point is dutifully to be
+obeyed.
+
+That they are genuine, credible testimony might be produced, did not the
+peculiar fineness of thought and expression, and a constant undaunted
+resolution of maintaining his own opinions, sufficiently ascertain their
+author. Besides which, they are now published from his own true copies;
+an advantage which some of his works have wanted.
+
+The first of them, being an abridgment containing the most useful part
+of Aristotle’s rhetoric, was written some thirty years since. Mr. Hobbes
+in his book of _Human Nature_ had already described man, with an
+exactness almost equal to the original draught of nature; and in his
+_Elements of Law_ laid down the constitution of government, and shown by
+what armed reason it is maintained: and having demonstrated in the state
+of nature the primitive art of fighting to be the only medium whereby
+men procured their ends, did in this design to show what power in
+societies has succeeded to reign in its stead, I mean the art of
+speaking; which by use of common places of probability, and knowledge in
+the manners and passions of mankind, through the working of belief is
+able to bring about whatsoever interest.
+
+How necessary this art is to that of politic, is clearly evident from
+that mighty force whereby the eloquence of the ancient orators
+captivated the minds of the people. Mr. Hobbes chose to recommend by his
+translation the rhetoric of Aristotle, as being the most accomplished
+work on that subject which the world has yet seen; having been admired
+in all ages, and in particular highly approved by the father of the
+Roman eloquence, a very competent judge. To this he thought fit to add
+some small matter relating to that part which concerns tropes and
+figures; as also a short discovery of some little tricks of false and
+deceitful reasoning.
+
+The other piece is a discourse concerning the laws of England, and has
+been finished many years. Herein he has endeavoured to accommodate the
+general notions of his politic to the particular constitution of the
+English monarchy: a design of no small difficulty; wherein to have
+succeeded deserves much honour; to have perchance miscarried, deserves
+easy pardon. It has had the good fortune to be much esteemed by the
+greatest men of the profession of the law, and therefore may be presumed
+to contain somewhat excellent. However it is not to be expected that all
+men should submit to his opinions, yet it is hoped none will be offended
+at the present publishing of these papers; since they will not find here
+any new fantastic notions, but only such things as have been already
+asserted with strength of argument by himself and other persons of
+eminent learning. To the public at least this benefit may accrue, that
+some able pen may undertake the controversy, being moved with the desire
+of that reputation which will necessarily attend victory over so
+considerable an adversary.
+
+
+
+
+                                  THE
+
+                         WHOLE ART OF RHETORIC.
+
+
+
+
+                                BOOK I.
+
+
+                               CHAPTER I.
+
+THAT RHETORIC IS AN ART CONSISTING NOT ONLY IN MOVING THE PASSIONS OF
+    THE JUDGE, BUT CHIEFLY IN PROOFS: AND THAT THIS ART IS PROFITABLE.
+
+
+We see that all men naturally are able in some sort to _accuse_ and
+_excuse_: some by chance; but some by method. This method may be
+discovered; and to discover method is all one with teaching an art. If
+this art consisted in criminations only, and the skill to stir up the
+judge’s anger, envy, fear, pity, or other affections; a rhetorician in
+well ordered commonwealths and states, where it is forbidden to digress
+from the cause in hearing, could have nothing at all to say. For all
+these perversions of the judge are beside the question. And that which
+the pleader is to shew, and the judge to give sentence on, is this only:
+_It is so_, or _not so_. The rest hath been decided already by the
+law-maker; who judging of universals and future things, could not be
+corrupted. Besides, it is an absurd thing for a man to make crooked the
+ruler he means to use.
+
+It consisteth therefore chiefly in proofs, which are inferences: and all
+inferences being _syllogisms_, a _logician_, if he would observe the
+difference between a plain syllogism and an enthymeme, which is a
+rhetorical syllogism, would make the best _rhetorician_. For all
+syllogisms and inferences belong properly to logic, whether they infer
+truth or probability. And because without this art it would often come
+to pass that evil men, by the advantage of natural abilities, would
+carry an evil cause against a good; it brings with it at least this
+profit, that making the pleaders even in skill, it leaves the odds only
+in the merit of the cause. Besides, ordinarily those that are judges,
+are neither patient, nor capable of long scientifical proofs drawn from
+the principles through many syllogisms; and therefore had need to be
+instructed by the rhetorical and shorter way. Lastly, it were ridiculous
+to be ashamed of being vanquished in exercises of the body, and not to
+be ashamed of being inferior in the virtue of well expressing the mind.
+
+
+                               ==========
+
+
+                               CHAPTER II
+
+                       THE DEFINITION OF RHETORIC.
+
+
+Rhetoric is that faculty, by which we understand what will serve our
+turn concerning any subject to win belief in the hearer.
+
+Of those things that beget belief, some require not the help of art, as
+witnesses, evidences, and the like, which we invent not, but make use
+of; and some require art, and are invented by us.
+
+The belief that proceeds from our invention, comes partly from the
+behaviour of the speaker, partly from the passions of the hearer; but
+especially from the proofs of what we allege.
+
+Proofs are, in rhetoric, either _examples_ or _enthymemes_; as in logic,
+_inductions_ or _syllogisms_. For an example is a short induction, and
+an enthymeme a short syllogism; out of which are left, as superfluous,
+that which is supposed to be necessarily understood by the hearer; to
+avoid prolixity, and not to consume the time of public business
+needlessly.
+
+
+                               ==========
+
+
+                              CHAPTER III.
+
+  OF THE SEVERAL KINDS OF ORATIONS: AND OF THE PRINCIPLES OF RHETORIC.
+
+In all orations, the hearer does either hear only, or judge also.
+
+If he hear only, that is one kind of oration, and is called
+_demonstrative_.
+
+If he judge, he must judge either of that which is to come, or of that
+which is past.
+
+If of that which is to come, there is another kind of oration, and is
+called _deliberative_.
+
+If of that which is past, then it is a third kind of oration,
+_judicial_.
+
+So there are three kinds of orations; _demonstrative_, _judicial_, and
+_deliberative_.
+
+To which belong their proper times. To the demonstrative, the _present_;
+to the judicial, the _past_; and to the deliberative, the _time to
+come_.
+
+And their proper offices. To the deliberative, _exhortation_ and
+_dehortation_. To the judicial, _accusation_ and _defence_. And to the
+demonstrative, _praising_ and _dispraising_.
+
+And their proper ends. To the deliberative, to prove a thing
+_profitable_ or _unprofitable_. To the judicial, _just_ or _unjust_. To
+the demonstrative, _honourable_ or _dishonourable_.
+
+The principles of rhetoric out of which _enthymemes_ are to be drawn,
+are the _common opinions_ that men have concerning _profitable_ and
+_unprofitable_; _just_ and _unjust_; _honourable_ and _dishonourable_;
+which are the points in the several kinds of orations questionable. For
+as in _logic_, where certain and infallible knowledge is the scope of
+our proof, the principles must be all _infallible truths_: so in
+_rhetoric_ the principles must be _common opinions_, such as the judge
+is already possessed with. Because the end of rhetoric is victory; which
+consists in having gotten _belief_.
+
+And because nothing is profitable, unprofitable, just, unjust,
+honourable or dishonourable, but what has been _done_, or _is to be
+done_; and nothing is _to be done_, that is not _possible_; and because
+there be degrees of profitable, unprofitable, just, unjust, honourable
+and dishonourable; an orator must be ready in other principles, namely,
+of what is _done_ and _not done_, _possible_ and _not possible_, _to
+come_ and _not to come_, and what is _greater_ and what is _lesser_,
+both in general, and particularly applied to the thing in question; as
+what is _more_ and _less_, generally; and what is _more profitable_ and
+_less profitable_, &c. particularly.
+
+
+                               ==========
+
+
+                              CHAPTER IV.
+
+OF THE SUBJECT OF DELIBERATIVES; AND THE ABILITIES THAT ARE REQUIRED OF
+    HIM THAT WILL DELIBERATE OF BUSINESS OF STATE.
+
+
+In _deliberatives_ there are to be considered the _subject_ wherein, and
+the _ends_ whereto, the orator exhorteth, or from which he dehorteth.
+
+The _subject_ is always something in our own power, the knowledge
+whereof belongs not to rhetoric, but for the most part to the politics;
+and may be referred in a manner to these five heads.
+
+1. _Of levying of money._ To which point he that will speak as he ought
+to do, ought to know beforehand the revenue of the state, how much it
+is, and wherein it consisteth, and also how great are the necessary
+charges and expenses of the same. This knowledge is gotten partly by a
+man’s own experience, partly by relations and accounts in writing.
+
+2. _Of peace and war._ Concerning which the counsellor or deliberator
+ought to know the strength of the commonwealth, how much it both now is,
+and hereafter may be, and wherein that power consisteth. Which knowledge
+is gotten, partly by experience and relations at home, and partly by the
+sight of wars and of their events abroad.
+
+3. _Of the safeguard of the country._ Wherein he only is able to give
+counsel, that knows the forms, and number, and places of the garrisons.
+
+4. _Of provision._ Wherein to speak well, it is necessary for a man to
+know what is sufficient to maintain the state, what commodities they
+have at home growing, what they must fetch in through need, and what
+they may carry out through abundance.
+
+5. _Of making laws._ To which is necessary so much political or civil
+philosophy, as to know what are the several kinds of governments, and by
+what means, either from without or from within, each of those kinds is
+preserved or destroyed. And this knowledge is gotten, partly by
+observing the several governments in times past by history, and partly
+by observing the government of the times present in several nations, by
+travel.
+
+So that to him that will speak in a council of state, there is necessary
+this; history, sight of wars, travel, knowledge of the revenue,
+expenses, forces, havens, garrisons, wares, and provisions in the state
+he lives in, and what is needful for that state either to export or
+import.
+
+
+                               ==========
+
+
+                               CHAPTER V.
+
+  OF THE ENDS WHICH THE ORATOR IN DELIBERATIVES PROPOUNDETH, WHEREBY TO
+                            EXHORT OR DEHORT.
+
+An orator, in _exhorting_, always propoundeth _felicity_, or some _part_
+of _felicity_, to be attained by the actions he exhorteth unto: and in
+_dehortation_, the contrary.
+
+By _felicity_ is meant commonly prosperity with virtue, or a continual
+content of the life with surety.
+
+And the _parts_ of it are such things as we call good in _body_, _mind_,
+or fortune; such as these that follow.
+
+1. _Nobility_, which to a state or nation is to have been ancient
+inhabitants; and to have had most anciently, and in most number, famous
+generals in the wars, or men famous for such things as fall under
+emulation. And to a private man, to have been descended lawfully of a
+family, which hath yielded most anciently, and in most number, men known
+to the world for virtue, riches, or any thing in general estimation.
+
+2. _Many and good children._ Which is also _public_ and _private_.
+_Public_, when there is much youth in the state endued with virtue;
+namely, of the _body_, stature, beauty, strength, and dexterity; of the
+_mind_, valour and temperance: _private_, when a man hath many such
+children, both male and female. The virtues commonly respected in women,
+are of the _body_, beauty and stature; of the _mind_, temperance and
+housewifery without sordidness.
+
+3. _Riches._ Which is money, cattle, lands, household-stuff, with the
+power to dispose of them.
+
+4. _Glory._ Which is the reputation of virtue, or of the possession of
+such things as all, or most men, or wise men desire.
+
+5. _Honour._ Which is the glory of benefiting, or being able to benefit
+others. _To benefit others_, is to contribute somewhat, not easily had,
+to another man’s safety or riches. The parts of _honour_ are sacrifices,
+monuments, rewards, dedication of places, precedence, sepulchres,
+statues, public pensions, adorations, presents.
+
+6. _Health._ Which is the being free from diseases, with strength to use
+the body.
+
+7. _Beauty._ Which is to different ages different. To youth, strength of
+body and sweetness of aspect. To full men, strength of body fit for the
+wars, and countenance sweet with a mixture of terror. To old men,
+strength enough for necessary labours, with a countenance not
+displeasing.
+
+8. _Strength._ Which is the ability to move any thing at pleasure of the
+mover. To move, is to pull, to put off, to lift, to thrust down, to
+press together.
+
+9. _Stature._ Which is then _just_, when a man in height, breadth, and
+thickness of body doth so exceed the most, as nevertheless it be no
+hindrance to the quickness of his motion.
+
+10. _Good old age._ Which is that which comes late, and with the least
+trouble.
+
+11. _Many and good friends._ Which is to have many that will do for his
+sake that which they think will be for his good.
+
+12. _Prosperity._ Which is to have all, or the most, or the greatest of
+those goods which we attribute to fortune.
+
+13. _Virtue._ Which is then to be defined, when we speak of _praise_.
+
+These are the grounds from whence we _exhort_.
+
+_Dehortation_ is from the contraries of these.
+
+
+                               ==========
+
+
+                              CHAPTER VI.
+
+       OF THE COLOURS OR COMMON OPINIONS CONCERNING GOOD AND EVIL.
+
+
+In _deliberatives_, the principles or elements from whence we draw our
+proofs, are common opinions concerning good and evil. And these
+principles are either _absolute_ or _comparative_. And those that are
+_absolute_, are either _disputable_ or _indisputable_.
+
+The _indisputable principles_ are such as these: _Good_, is that which
+we love for itself. And that for which we love somewhat else. And that
+which all things desire. And that to every man which his reason
+dictates. And that which when we have, we are well or satisfied. And
+that which satisfies. And the cause or effect of any of these. And that
+which preserves any of these. And that which keeps off or destroys the
+contrary of any of these.
+
+Also to take the _good_ and reject the _evil_, is _good_. And to take
+the greater _good_, rather than the less; and the lesser _evil_ rather
+than the greater. Further, all virtues are _good_. And pleasure. And all
+things beautiful. And justice, valour, temperance, magnanimity,
+magnificence, and other like habits. And health, beauty, strength, &c.
+And riches. And friends. And honour and glory. And ability to say or do:
+also towardliness, will, and the like. And whatsoever art or science.
+And life. And whatsoever is just.
+
+The _disputable principles_ are such as follow:
+
+That is _good_, whose contrary is _evil_. And whose contrary is _good_
+for our enemies. And whose contrary our enemies are glad of. And of
+which there cannot be too much. And upon which much labour and cost hath
+been bestowed. And that which many desire. And that which is praised.
+And that which even our enemies and evil men praise. And what good we
+prefer. And what we do advise. And that which is possible, is _good_ to
+undertake. And that which is easy. And that which depends on our own
+will. And that which is proper for us to do. And what no man else can
+do. And whatsoever is extraordinary. And what is suitable. And that
+which wants a little of being at an end. And what we hope to master. And
+what we are fit for. And what evil men do not. And what we love to do.
+
+
+                               ==========
+
+
+                              CHAPTER VII.
+
+       OF THE COLOURS OR COMMON OPINIONS CONCERNING GOOD AND EVIL,
+                             COMPARATIVELY.
+
+
+The _colours_ of _good comparatively_ depend, partly, upon the following
+definitions of _comparatives_.
+
+1. _More_, is _so much and somewhat besides_.
+
+2. _Less_, is _that, which and somewhat else is so much_.
+
+3. _Greater_ and _more in number_ are said only _comparatively_ to
+_less_ and _fewer in number_.
+
+4. _Great_ and _little_, _many_ and _few_, are taken _comparatively_ to
+the _most of the same kind_. So that _great_ and _many_, is that which
+_exceeds_; _little_ and _few_, is that which is _exceeded by, the most
+of the same kind_.
+
+Partly, from the precedent definitions of _good absolutely_.
+
+Common opinions concerning _good comparatively_, then are these.
+
+_Greater good_ is many than fewer, or one of those many.
+
+And _greater_ is the kind, in which the greatest is greater than the
+greatest of another kind. And _greater_ is that good than another good,
+whose kind is _greater_ than another’s kind. And _greater_ is that from
+which another good follows, than the good which follows. And of two
+which exceed a third, _greater_ is that which exceeds it most. And that
+which _causes_ the greater good. And that which _proceeds from_ a
+greater good. And _greater_ is that which is chosen for itself, than
+that which is chosen for somewhat else. And the _end_ greater than that
+which is _not_ the end. And that which _less_ needs other things, than
+that which _more_. And that which is _independent_, than that which is
+_dependent_ of another. And the _beginning_, than _not_ the beginning.
+
+(Seeing the _beginning_ is a greater good or evil, than that which is
+_not_ the beginning; and the _end_, than that which is _not_ the end;
+one may argue from this _colour_ both ways: as Leodamas against
+Chabrias, would have the actor more to blame than the adviser; and
+against Callistratus, the adviser more than the actor.)
+
+And the _cause_, than _not_ the cause. And that which hath a _greater_
+beginning or cause. And the beginning or cause of a _greater good or
+evil_. And that which is _scarce_, greater than that which is
+_plentiful_; because harder to get. And that which is _plentiful_, than
+that which is _scarce_; because oftener in use. And that which is
+_easy_, than that which is _hard_. And that whose _contrary_ is greater.
+And that whose _want_ is greater. And _virtue_ than _not_ virtue, a
+greater good. _Vice_ than _not_ vice, a greater evil. And greater good
+or evil is that, the _effects_ whereof are more _honourable_ or more
+_shameful_. And the _effects_ of greater virtues or vices. And the
+excess whereof is more tolerable, a greater good. And those things which
+may with more honour be desired. And the desire of better things. And
+those things whereof the knowledge is better. And the knowledge of
+better things. And that which wise men prefer. And that which is in
+better men. And that which better men choose. And that which is more,
+than that which is less _delightful_. And that which is more, than that
+which is less _honourable_. And that which we would have for ourselves
+and friends, a greater good; and the contrary, a greater evil. And that
+which is _lasting_, than that which is _not_ lasting. And that which is
+_firm_, than that which is _not_ firm. And what _many_ desire, than what
+_few_. And what the adversary or judge confesseth to be greater, is
+greater. And _common_ than _not_ common. And _not_ common than _common_.
+And what is more laudable. And that which is more honoured, a greater
+good. And that which is more punished, a greater evil. And both good and
+evil divided than undivided, _appear_ greater. And compounded than
+simple, _appear_ greater. And that which is done with opportunity, age,
+place, time, means disadvantageous, greater than otherwise. And that
+which is _natural_, than that which is _attained unto_. And the same
+part of that which is great, than of that which is less. And that which
+is nearest to the end designed. And that which is good or evil to _one’s
+self_, than that which is _simply_ so. And _possible_, than _not_
+possible. And that which comes toward the end of our life. And that
+which we do _really_, than that which we do _for show_. And that which
+we would _be_, rather than what we would _seem_ to be. And that which is
+good _for more purposes_, is the greater good. And that which serves us
+in great necessity. And that which is joined with less trouble. And that
+which is joined with more delight. And of the two, that which added to a
+third makes the whole the greater. And that which having, we are more
+sensible of. And in every thing, that which we most esteem.
+
+
+                               ==========
+
+
+                             CHAPTER VIII.
+
+                  OF THE SEVERAL KINDS OF GOVERNMENTS.
+
+
+Because _hortation_ and _dehortation_ concern the commonwealth, and are
+drawn from the elements of good and evil; as we have spoken of them
+already in the _abstract_, so we must speak of them also in the
+_concrete_, that is, of what is good or evil to each sort of
+commonwealth in special.
+
+The government of a commonwealth is either _democracy_, or
+_aristocracy_, or _oligarchy_, or _monarchy_.
+
+_Democracy_ is that, wherein all men with equal right are preferred to
+the highest magistracy by lot.
+
+_Aristocracy_ is that, wherein the highest magistrate is chosen out of
+those that have had the best education, according to what the laws
+prescribe for best.
+
+_Oligarchy_ is that, where the highest magistrate is chosen for wealth.
+
+_Monarchy_ is that, wherein one man hath the government of all; which
+government, if he limit it by law, is called _kingdom_; if by his own
+will, _tyranny_.
+
+The end of _democracy_, or the people’s government, is _liberty_.
+
+The end of _oligarchy_, is the _riches of those that govern_.
+
+The end of _aristocracy_, is _good laws_ and _good ordering of the
+city_.
+
+The end of _monarchy_ or _kings_, is _the safety of the people and
+conservation of his own authority_.
+
+_Good_ therefore in each sort of government, is that which conduceth to
+these their ends.
+
+And because _belief_ is not gotten only by _proofs_, but also from
+_manners_; the _manners_ of each sort of commonwealth ought to be well
+understood by him that undertaketh to persuade or dissuade in matter of
+state. Their _manners_ may be known by their _designs_; and their
+_designs_ by their _ends_; and their _ends_ by what we see them take
+_pleasure_ in. But of this more accurately in the politics.
+
+
+                               ==========
+
+
+                              CHAPTER IX.
+
+             OF THE COLOURS OF HONOURABLE AND DISHONOURABLE.
+
+
+In a demonstrative oration, the subject whereof is _praise_ or
+_dispraise_, the proofs are to be drawn from the elements of
+_honourable_ and _dishonourable_.
+
+In this place we anticipate the second way of getting _belief_; which is
+from the _manners_ of the speaker. For _praise_, whether it come in as
+the principal business, or upon the by, depends still upon the same
+_principles_; which are these:
+
+_Honourable_, is that which we love for itself, and is withal laudable;
+and that _good_, which pleaseth us only because it is good; and virtue.
+
+_Virtue_ is the faculty of getting and preserving that which is good;
+and the faculty of doing many and great things well.
+
+The kinds of it are these:
+
+1. _Justice_, which is a virtue whereby every man obtains what by law is
+his.
+
+2. _Fortitude_, which is a virtue by which a man carries himself
+honourably and according to the laws, in time of danger.
+
+3. _Temperance_, which is a virtue whereby a man governs himself in
+matter of pleasure according to the law.
+
+4. _Liberality_, which is a virtue by which we benefit others in matter
+of money.
+
+5. _Magnanimity_, which is a virtue by which a man is apt to do great
+benefits.
+
+6. _Magnificence_, which is a virtue by which a man is apt to be at
+great cost.
+
+7. _Prudence_, which is an _intellectual_ virtue, by which a man is able
+to deliberate well concerning any good leading to felicity.
+
+And _honourable_ are the causes and effects of things honourable. And
+the works of virtue. And the signs of virtue. And those actions the
+reward whereof is _honour_. And the reward whereof is rather _honour_
+than _money_. And that which we do not for our sakes. And what we do for
+our country’s good, neglecting our own. And those things are
+_honourable_ which, good of themselves, are not so to the owner. And
+those things which happen to the dead, rather than to the living. And
+what we do for other men, especially for benefactors. And bestowing of
+benefits. And the contrary of those things we are ashamed of. And those
+things which men strive for earnestly, but without fear of adversary.
+
+And of the more _honourable_ and better men, the virtues are more
+_honourable_. And more _honourable_ are the virtues that tend to other
+men’s benefit, than those which tend to one’s own.
+
+And _honourable_ are those things which are just. And revenge is
+_honourable_. And victory. And honour. And monuments. And those things
+which happen not to the living. And things that excel. And what none can
+do but we. And possessions we reap no profit by. And those things which
+are _had in honour_, particularly in several places. And the signs of
+praise. And to have nothing of the servile, mercenary, or mechanic.
+
+And that which _seems_ honourable; namely, such as follow: Vices
+confining upon virtue. And the extremes of virtues. And what the
+auditors _think_ honourable. And that which is in estimation. And that
+which is done according to custom.
+
+Besides, in a _demonstrative_ oration, the orator must show that he whom
+he praiseth, did what he praiseth unconstrainedly and willingly. And he
+does so, who does the same often.
+
+_Praise_ is speech, declaring the magnitude of a virtue, action, or
+work. But to praise the work from the virtue of the worker, is a
+circular proof.
+
+_To magnify_ and _to praise_, differ in themselves as _felicity_ and
+_virtue_. For praise declares a man’s _virtue_; and _magnifying_
+declares his _felicity_.
+
+Praise is a kind of inverted precept. For to say, “_Do it because it is
+good_,” is a precept; but to say, “_He is good because he did it_,” is
+praise. An orator in _praising_, must also use the forms of
+_amplification_; such as these: He was the first that did it. The only
+man that did it. The special man that did it. He did it with
+disadvantage of time. He did it with little help. He was the cause that
+the law ordained rewards and honours for such actions.
+
+Further, he that will _praise_ a man, must compare him with others, and
+his actions with the actions of others, especially with such as are
+renowned.
+
+And _amplification_ is more proper to a _demonstrative_ oration, than to
+any other. For here the actions are confessed; and the orator’s part is
+only this, to contribute unto them magnitude and lustre.
+
+
+                               ==========
+
+
+                               CHAPTER X.
+
+        OF ACCUSATION AND DEFENCE, WITH THE DEFINITION OF INJURY.
+
+
+In a _judicial_ oration, which consists in _accusation_ and _defence_,
+the thing to be proved is, that _injury_ has been done: and the heads
+from whence the proofs are to be drawn are these three:—
+
+1. The causes that move to injury.
+
+2. The persons apt to do injury.
+
+3. The persons obnoxious or apt to suffer injury.
+
+An injury is a voluntary offending of another man contrary to the law.
+
+_Voluntary_ is that which a man does with knowledge, and without
+compulsion.
+
+The causes of _voluntary_ actions are intemperance, and a vicious
+disposition concerning things desirable. As the covetous man does
+against the law out of an intemperate desire of money.
+
+All actions proceed either from the doer’s disposition, or not. Those
+that proceed not from the doer’s disposition, are such as he does by
+_chance_, by _compulsion_, or by _natural necessity_. Those that proceed
+from the doer’s disposition, are such as he does by _custom_, or _upon
+premeditation_, or in _anger_, or out of _intemperance_.
+
+_By chance_ are said to be done those things, whereof neither the cause
+nor the scope is evident; and which are done neither orderly, nor
+always, nor most commonly after the same manner.
+
+_By nature_ are said to be done those things, the causes whereof are in
+the doer; and are done orderly, and always or for the most part after
+the same manner.
+
+_By compulsion_ are done those things, which are against the appetite
+and ordination of the doer.
+
+_By custom_ those actions are said to be done, the cause whereof is
+this, that the doer has done them often.
+
+_Upon premeditation_ are said to be done those things, which are done
+for profit, as the end or the way to the end.
+
+_In anger_ are said to be done those things, which are done with a
+purpose of revenge.
+
+_Out of intemperance_ are said to be done those things, which are
+delightful.
+
+In sum, every _voluntary_ action tends either to _profit_ or _pleasure_.
+
+The _colours_ of _profitable_, are already set down. The _colours_ of
+that which is _pleasing_, follow next.
+
+
+                               ==========
+
+
+                              CHAPTER XI.
+
+         OF THE COLOURS OR COMMON OPINIONS CONCERNING PLEASURE.
+
+
+_Pleasure_ is a sudden and sensible motion of the soul, towards that
+which is natural. _Grief_ is the contrary.
+
+_Pleasant_ therefore is that, which is the cause of such motion. And to
+return to one’s own nature. And customs. And those things that are not
+violent.
+
+_Unpleasant_ are those things which proceed from necessity, as cares,
+study, contentions. The contrary whereof, ease, remission from labour
+and care, also play, rest, sleep; are _pleasant_.
+
+_Pleasant_ also is that to which we have an appetite. Also the appetites
+themselves, if they be sensual; as thirst, hunger, and lust. Also those
+things to which we have an appetite upon persuasion and reason. And
+those things we remember, whether they pleased or displeased then when
+they were present. And the things we hope for. And anger. And to be in
+love. And revenge. And victory: therefore also contentious games; as
+tables, chess, dice, tennis, &c.; and hunting; and suits in law. And
+honour and reputation amongst men in honour and reputation. And to love.
+And to be beloved and respected. And to be admired. And to be flattered.
+And a flatterer: for he seems both to love and admire. And the same
+thing often. And change or variety. And what we return to afresh. And to
+learn. And to admire. And to do good. And to receive good. And to help
+up again one that is fallen. And to finish that which is unperfect. And
+imitation; and therefore the art of painting; and the art of carving
+images; and the art of poetry; and pictures and statues. And other men’s
+dangers, so they be near. And to have escaped hardly.
+
+And things of a kind please one another. And every one himself. And
+one’s own pleases him. And to bear sway. And to be thought wise. And to
+dwell upon that which he is good at. And ridiculous actions, sayings,
+and persons.
+
+
+                               ==========
+
+
+                              CHAPTER XII.
+
+PRESUMPTIONS OF INJURY DRAWN FROM THE PERSONS THAT DO IT: OR COMMON
+    OPINIONS CONCERNING THE APTITUDE OF PERSONS TO DO INJURY.
+
+
+Of the _causes_ which move to _injury_, namely, _profit and pleasure_,
+has been already spoken (chap. VI, VII, XI). It follows next, to speak
+of the _persons_ that are apt to do injury.
+
+The _doers of injury_ are: such as think they can do it. And such as
+think to be undiscovered, when they have done it. And such as think,
+though they be discovered, they shall not be called in question for it.
+And such as think, though they be called in question for it, that their
+mulct will be less than their gain, which either themselves or their
+friends receive by the _injury_.
+
+_Able to do injury_ are: such as are eloquent. And such as are practised
+in business. And such as have skill in process. And such as have many
+friends. And rich men. And such as have rich friends, or rich servants,
+or rich partners.
+
+_Undiscovered when they have done it_, are: such as are not apt to
+commit the crimes whereof they are accused: as feeble men, slaughter;
+poor and not beautiful men, adultery. And such as one would think could
+not chuse but be discovered. And such as do injuries, whereof there hath
+been no example. And such as have none or many enemies. And such as can
+easily conceal what they do. And such as have somebody to transfer the
+fault upon.
+
+They that do injury _openly_ are: such, whose friends have been injured.
+And such as have the judges for friends. And such as can escape their
+trial at law. And such as can put off their trial. And such as can
+corrupt the judges. And such as can avoid the payment of their fine. And
+such as can defer the payment. And such as cannot pay at all. And such
+as by the injury get manifestly much, and presently; when the fine is
+uncertain, little, and to come. And such as get by the injury money, by
+the penalty shame only. And such on the contrary as get honour by the
+injury, and suffer the mulct of money only, or banishment, or the like.
+And such as have often escaped or been undiscovered. And such as have
+often attempted in vain. And such as consider present pleasure more than
+pain to come, and so intemperate men are apt to do injury. And such as
+consider pleasure to come more than present pain, and so temperate men
+are apt to do injury. And such as may seem to have done it by fortune,
+nature, necessity, or custom; and by error, rather than by injustice.
+And such as have means to get pardon. And such as want necessaries, as
+poor men; or unnecessaries, as rich men. And such as are of very good or
+very bad reputation.
+
+
+                               ==========
+
+
+                             CHAPTER XIII.
+
+ PRESUMPTIONS OF INJURY DRAWN FROM THE PERSONS THAT SUFFER, AND FROM THE
+                          MATTER OF THE INJURY.
+
+
+Of those that do injury, and why they do it, it hath been already
+spoken. Now of the _persons_ that suffer, and of the _matter_ wherein
+they suffer, the _common opinions_ are these.
+
+_Persons_ obnoxious to injury are: such as have the things that we want,
+either as necessary, or as delightful. And such as are far from us. And
+such as are at hand. And such as are unwary and credulous. And such as
+are lazy. And such as are modest. And such as have swallowed many
+injuries. And such as we have injured often before; and such as never
+before. And such as are in our danger. And such as are ill-beloved
+generally. And such as are envied. And our friends; and our enemies. And
+such as, wanting friends, have no great ability either in speech or
+action. And such as shall be losers by going to law: as strangers and
+workmen. And such as have done the injuries they suffer. And such as
+have committed a crime, or would have done, or are about to do. And such
+as, by doing them an injury, we shall gratify our friends or superiors.
+And such whose friendship we have newly left, and accuse. And such as
+another would do the injury to, if we should not. And such as by
+injuring, we get greater means of doing good.
+
+The _matters_ wherein men are obnoxious to injury are: those things
+wherein all, or most men use to deal unjustly. And those things which
+are easily hid, and put off into other hands, or altered. And those
+things which a man is ashamed to have suffered. And those things wherein
+prosecution of injury, may be thought a love of contention.
+
+
+                               ==========
+
+
+                              CHAPTER XIV.
+
+  OF THOSE THINGS WHICH ARE NECESSARY TO BE KNOWN FOR THE DEFINITION OF
+                            JUST AND UNJUST.
+
+
+When the fact is evident, the next inquiry is, whether it be _just_ or
+_unjust_. For the definition of _just_ and _unjust_, we must know what
+_law_ is; that is, what the _law of nature_, what the _law of nations_,
+what the _law civil_, what _written law_, and what _unwritten law_ is:
+and what _persons_, that is, what a _public person_ or the _city_ is,
+and what a _private person_ or _citizen_ is.
+
+_Unjust_, in the opinion of all men, is that which is contrary to the
+_law of nature_.
+
+_Unjust_, in the opinion of all men of those nations which traffic and
+come together, is that which is contrary to the _law common to those
+nations_.
+
+_Unjust_, only in one commonwealth, is that which is contrary to the
+_law civil_, or law of that commonwealth.
+
+He that is accused to have done anything against the _public_, or a
+_private person_, is accused to do it either _ignorantly_, or
+_unwillingly_, or _in anger_, or _upon premeditation_.
+
+And because the defendant does many times confess the _fact_, but deny
+the _unjustice_; as that he _took_, but did not _steal_; and _did_, but
+not _adultery_; it is necessary to know the definitions of _theft_,
+_adultery_, and all other crimes.
+
+What facts are contrary to the _written laws_, may be known by the _laws
+themselves_.
+
+Besides _written laws_, whatsoever is _just_ proceeds from _equity_ or
+_goodness_.
+
+From _goodness_ proceeds, that which we are praised or honoured for.
+
+From _equity_ proceed those actions, which though the written law
+command not, yet, being interpreted reasonably and supplied, seems to
+require at our hands.
+
+Actions of _equity_ are such as these:—Not too rigorously to punish
+errors, mischances, or injuries. To pardon the faults that adhere to
+mankind. And not to consider the _law_, so much as the _law maker’s
+mind_; and not the _words_, so much as the _meaning_ of the law. And not
+to regard so much the fact, as the intention of the doer; nor part of
+the fact, but the whole; nor what the doer _is_, but what he _has been_
+always or for the most part. And to remember better the good received,
+than the ill. And to endure injuries patiently. And to submit rather to
+the sentence of a judge, than of the sword. And to the sentence of an
+arbitrator, rather than of a judge.
+
+
+                               ==========
+
+
+
+
+                              CHAPTER XV.
+
+  OF THE COLOURS OR COMMON OPINIONS CONCERNING INJURIES, COMPARATIVELY.
+
+
+_Common opinions_ concerning injuries _comparatively_, are such as
+these.
+
+Greater is the injury, which proceedeth from greater iniquity. And from
+which proceedeth greater damage. And of which there is no revenge. And
+for which there is no remedy. And by occasion of which he that hath
+received the injury hath done some mischief to himself.
+
+He does greater injury, that does it first, or alone, or with few; and
+he that does it often.
+
+Greater injury is that, against which laws and penalties were first
+made. And that, which is more brutal or more approaching to the actions
+of beasts. And that, which is done upon more premeditation. And by which
+more laws are broken. And which is done in the place of execution. And
+which is of greatest shame to him that receives the injury. And which is
+committed against well deservers. And which is committed against the
+_unwritten_ law; because good men should observe the law for justice,
+and not for fear of punishment. And which is committed against the
+_written_ law; because he that will do injury, neglecting the penalty
+set down in the _written_ law, is much more likely to transgress the
+_unwritten_ law, where there is no penalty at all.
+
+
+                               ==========
+
+
+                              CHAPTER XVI.
+
+                         OF PROOFS INARTIFICIAL.
+
+
+Of _artificial proofs_ we have already spoken.
+
+_Inartificial proofs_, which we invent not, but make use of, are of five
+sorts.
+
+1. _Laws._ And those are _civil_ or _written law_: the _law or custom of
+nations_; and the _universal law of nature_.
+
+2. _Witnesses._ And those are such as concern _matter_, and such as
+concern _manners_. Also they be _ancient_ or _present_.
+
+3. _Evidences_ or writings.
+
+4. _Question_ or torture.
+
+5. _Oaths._ And those be either _given_ or _taken_, or both, or neither.
+
+For _laws_, we use them thus: when the _written law_ makes against us,
+we appeal to the _law of nature_, alleging that to be greatest justice,
+which is greatest equity. That the _law of nature_ is immutable, the
+_written law_ mutable. That the _written law_ is but seeming justice;
+the _law of nature_ very justice; and justice is among those things
+which are, and not which seem to be. That the judge ought to discern
+between true and adulterate justice. That they are better men that obey
+unwritten than written laws. That the law against us does contradict
+some other law. And when the law has a double interpretation, that is
+the true one which makes for us. And that the cause of the law being
+abolished, the law is no more of validity.
+
+But when the _written law_ makes for us, and _equity_ for the adversary,
+we must allege: That a man may use equity, not as a liberty to judge
+against the law; but only as a security against being forsworn, when he
+knows not the law. That men seek not equity because it is good simply,
+but because good for them. That it is the same thing not to make, and
+not to use the law. That as in other arts, and namely, in physic,
+fallacies are pernicious; so in a common-wealth it is pernicious to use
+pretexts against the law. And that in common-wealths well instituted, to
+seem wiser than the laws is prohibited.
+
+For _witnesses_, we must use them thus. When we have them not, we must
+stand for _presumptions_, and say: That in equity, sentence ought to be
+given according to the most probability. That presumptions are the
+testimony of the things themselves, and cannot be bribed. That they
+cannot lie.
+
+When we have witnesses against him that has them not, we must say: That
+presumptions, if they be false, cannot be punished. That if presumptions
+were enough, witnesses were superfluous.
+
+For _writings_, when they favour us, we must say: That _writings_ are
+private and particular laws; and he that takes away the use of
+evidences, abolisheth the law. That since contracts and negociations
+pass by _writings_, he that bars their use dissolves human society.
+
+Against them, if they favour the adversary, we may say: That since laws
+do not bind that are fraudulently made to pass, much less writings; and
+that the judge being to dispense justice, ought rather to consider what
+is just than what is in the writing. That writings may be gotten by
+fraud or force, but justice by neither. That the writing is repugnant to
+some law, civil or natural; or to justice; or to honesty. That it is
+repugnant to some other writing, before or after. That it crosses some
+commodity of the judge; which must not be said directly, but implied
+cunningly.
+
+For the _torture_, if the giving of it make for us, we must say: That it
+is the only testimony that is certain. But if it make for the adversary,
+we may say: That men enforced by torture, speak as well that which is
+false as that which is true. That they, who can endure, conceal the
+truth; and they who cannot, say that which is false, to be delivered
+from pain.
+
+For _oaths_, he that will not put his adversary to his oath, may allege:
+That he makes no scruple to be forsworn. That by swearing he will carry
+the cause, which, not swearing, he must lose. That he had rather trust
+his cause in the hands of the judge, than of the adversary.
+
+He that _refuseth_ to take the oath may say: That the matter is not
+worth so much. That if he had been an evil man, he had _sworn_, and
+carried his cause. That to try it by _swearing_, for a religious man
+against an irreligious is as hard a match, as to set a weak man against
+a strong in combat.
+
+He that is _willing_ to take the oath, may pretend: That he had rather
+trust himself, than his adversary; and that it is equal dealing for an
+irreligious man to _give_, and for a religious man to _take_ the oath.
+That it is his duty to take the oath, since he has required to have
+_sworn judges_.
+
+He that _offers_ the oath, may pretend: That he does piously commit his
+cause to the Gods. That he makes his adversary himself judge. That it
+were absurd for him not to swear, that has required the judges to be
+sworn.
+
+And of these are to be compounded the forms we are to use, when we would
+_give_, and _not take_ the oath; or _take_ and _not give_; or _both
+give_ and _take_; or _neither give nor take_.
+
+But if one have sworn contrary to a former oath, he may pretend: That he
+was forced: that he was deceived; and that neither of these is
+_perjury_, since _perjury_ is voluntary.
+
+But if the adversary do so, he may say: That he that stands not to what
+he hath _sworn_, subverteth human society. And (turning to the judge):
+What reason have we to require, that you should be _sworn_ that judge
+our cause; when we will not stand to that we _swear_ ourselves?
+
+And so much for _proofs inartificial_.
+
+
+
+
+                                BOOK II.
+
+
+                               ==========
+
+
+                               CHAPTER I.
+
+                            THE INTRODUCTION.
+
+
+Of _belief_ proceeding from our _invention_, that part which consisteth
+in _proof_ is already spoken of.
+
+The other two parts follow; whereof one ariseth from the _manners_ of
+the _speaker_, the other from the _passions_ of the _hearer_.
+
+The _principles_, _colours_, or _common opinions_ upon which a man’s
+belief is grounded concerning the manners of him that speaks, are to be
+had, partly out of that which hath before been said of _virtue_ (Book I.
+chap. 9); partly out of those things which shall be said by-and-by
+concerning the _passions_. For a man is _believed_, either for his
+_prudence_ or for his _probity_, which are _virtues_; or for _good
+will_, of which among the _passions_.
+
+The _principles_ concerning belief, arising from the passion of the
+hearer, are to be gathered from that which shall now be said of the
+several passions in order.
+
+In every one of which, three things are to be considered.
+
+1. First, _how_ men are affected.
+
+2. Secondly, _towards whom_.
+
+3. Thirdly, _for what_.
+
+
+                               ==========
+
+
+
+
+                              CHAPTER II.
+
+                                OF ANGER.
+
+
+_Anger_ is desire of revenge, joined with grief, for that he, or some of
+his, is, or seems to be, _neglected_.
+
+The object of anger is always some particular or individual thing.
+
+In anger there is also pleasure proceeding from the imagination of
+revenge to come.
+
+To _neglect_, is to esteem little or nothing; and of three kinds: 1
+_Contempt_, 2 _Crossing_, 3 _Contumely_.
+
+_Contempt_, is when a man thinks another of little worth in comparison
+to himself.
+
+_Crossing_, is the hinderance of another man’s will without design to
+profit himself.
+
+_Contumely_, is the disgracing of another for his own pastime.
+
+The _common opinions_ concerning anger are therefore such as follow.
+They are easily angry, that think they are neglected. That think they
+excel others; as the rich with the poor; the noble with the obscure, &c.
+And such as think they deserve well. And such as grieve to be hindered,
+opposed, or not assisted; and therefore sick men, poor men, lovers, and
+generally all that desire and attain not, are angry with those that,
+standing by, are not moved by their wants. And such as having expected
+good, find evil.
+
+Those that men are angry with, are: such as mock, deride, or jest at
+them. And such as shew any kind of contumely towards them. And such as
+despise those things which we spend most labour and study upon; and the
+more, by how much we seem the less advanced therein. And our friends,
+rather than those that are not our friends. And such as have honoured
+us, if they continue not. And such as requite not our courtesy. And such
+as follow contrary courses, if they be our inferiors. And our friends,
+if they have said or done us evil, or not good. And such as give not ear
+to our entreaty. And such as are joyful or calm in our distress. And
+such as troubling us, are not themselves troubled. And such as willingly
+hear or see our disgraces. And such as neglect us in the presence of our
+competitors, of those we admire, of those we would have admire us, of
+those we reverence, and of those that reverence us. And such as should
+help us, and neglect it. And such as are in jest, when we are in
+earnest. And such as forget us, or our names.
+
+An orator therefore must so frame his judge or auditor by his oration,
+as to make him apt to _anger_: and then make his adversary appear such
+as men use to be _angry withal_.
+
+
+                               ==========
+
+
+                              CHAPTER III.
+
+                   OF RECONCILING, OR PACIFYING ANGER.
+
+_Reconciliation_ is the appeasing of anger.
+
+Those to whom men are easily reconciled, are: such as have not offended
+out of neglect. And such as have done it against their will. And such as
+wish done the contrary of what they have done. And such as have done as
+much to themselves. And such as confess and repent. And such as are
+humbled. And such as do seriously the same things, that they do
+seriously. And such as have done them more good heretofore, than now
+hurt. And such as sue to them for any thing. And such as are not
+insolent, nor mockers, nor slighters of others in their own disposition.
+And generally such as are of a contrary disposition to those whom men
+are usually angry withal. And such as they fear or reverence. And such
+as reverence them. And such as have offended their anger.
+
+_Reconcileable_ are: such as are contrarily affected to those, whom we
+have said before to be easily angry. And such as play, laugh, make
+merry, prosper, live in plenty; and, in sum, all that have no cause of
+grief. And such as have given their anger time.
+
+Men lay down their anger for these causes. Because they have gotten the
+victory. Because the offender has suffered more than they meant to
+inflict. Because they have been revenged of another. Because they think
+they suffer justly. And because they think the revenge will not be felt,
+or not known that the revenge was theirs, and for such an injury. And
+because the offender is dead.
+
+Whosoever therefore would _assuage_ the anger of his _auditor_, must
+make himself appear such as men use to be _reconciled_ unto: and beget
+in his _auditor_ such opinions as make him _reconcileable_.
+
+
+                               ==========
+
+
+                              CHAPTER IV.
+
+                          OF LOVE AND FRIENDS.
+
+
+To _love_ is to will well to another, and that for others, not for our
+own sake.
+
+A _friend_ is he that _loves_, and he that is _beloved_.
+
+_Friends_ one to another, are they that naturally _love_ one another.
+
+A _friend_ therefore is he; that rejoiceth at another’s good. And that
+grieves at his hurt. And that wishes the same with us to a third,
+whether good or hurt. And that is _enemy_ or _friend_ to the same man.
+
+We _love_ them: that have done good to us, or ours; especially if much,
+readily, or in season. That are our friends' _friends_. That are our
+enemies' _enemies_. That are liberal. That are valiant. That are just.
+And that we would have love us. And good companions. And such as can
+abide jests. And such as break jests. And such as praise us, especially
+for somewhat that we doubt of in ourselves. And such as are neat. And
+such as upbraid us not with our vices, or with their own benefits. And
+such as quickly forget injuries. And such as least observe our errors.
+And such as are not of ill tongue. And those that are ignorant of our
+vices. And such as cross us not when we are busy or angry. And such as
+are officious towards us. And those that are like us. And such as follow
+the same course or trade of life, where they impeach not one another.
+And such as labour for the same thing, when both may be satisfied. And
+such as are not ashamed to tell us freely their faults, so it be not in
+contempt of us, and the faults such as the world, rather than their own
+consciences, condemns. And such as are ashamed to tell us of their very
+faults. And such as we would have honour us, and not envy, but imitate
+us. And such as we would do good to, except with greater hurt to
+ourselves. And such as continue their friendship to the dead. And such
+as speak their mind. And such as are not terrible. And such as we may
+rely on.
+
+The several _kinds_ of _friendship_, are _society_, _familiarity_,
+_consanguinity_, _affinity_ _&c._
+
+The things that _beget love_, are, the bestowing of benefits, _gratis_;
+_unasked_; _privately_.
+
+
+                               ==========
+
+
+                               CHAPTER V.
+
+                          OF ENMITY AND HATRED.
+
+The _colours_ or _common opinions_ concerning _hatred_, are to be taken
+from the _contrary_ of those which concern love and friendship.
+
+_Hatred_ differs from anger in this; that anger regards only what is
+done to oneself; but _hatred_ not. And in this, that anger regards
+particulars only; the other, universals also. And in this, that anger is
+curable; hatred not. And in this, that anger seeks the vexation, hatred
+the damage, of one’s adversary. That with anger there is always joined
+grief; with hatred, not always. That anger may at length be satiated;
+but hatred never.
+
+Hence it appears how the judge or auditor may be made _friend_ or
+_enemy_ to us, and how our adversary may be made appear _friend_ or
+_enemy_ to the judge; and how we may answer to our adversary, that would
+make us appear _enemies_ to him.
+
+
+                               ==========
+
+
+                              CHAPTER VI.
+
+                                OF FEAR.
+
+_Fear_ is a trouble or vexation of the mind, arising from the
+apprehension of an evil at hand, which may hurt or destroy. _Danger_ is
+the nearness of the evil feared.
+
+The _things_ to be feared are: such as have power to hurt. And the signs
+of will to do us hurt; as anger and hatred of powerful men. And
+injustice joined with power. And valour provoked, joined with power. And
+the fear of powerful men.
+
+The _men_ that are to be feared, are: such as know our faults. And such
+as can do us injury. And such as think they are injured by us. And such
+as have done us injury. And our competitors in such things as cannot
+satisfy both. And such as are feared by more powerful men than we are.
+And such as have destroyed greater men than we are. And such as use to
+invade their inferiors. And men not passionate, but dissemblers and
+crafty, are more to be feared than those that are hasty and free.
+
+The things _especially_ to be feared, are: such, wherein if we err, the
+error cannot be repaired; at least, not according to ours, but our
+adversary’s pleasure. And such as admit either none, or not easy help.
+And such as being done, or about to be done to others, make us pity
+them.
+
+They that _fear not_ are: such as expect not evil; or not now; or not
+this; or not from these. And therefore men fear little in _prosperity_.
+And men fear little, that think they have suffered already.
+
+An orator therefore that would put _fear_ into the auditor, must let him
+see that he is obnoxious; and that greater than he do suffer and have
+suffered from those, and at those times, they least thought.
+
+
+                               ==========
+
+
+                              CHAPTER VII.
+
+                              OF ASSURANCE.
+
+_Assurance_ is hope, arising from an imagination that the help is near,
+or the evil afar off.
+
+The things therefore that beget assurance are: the remoteness of those
+things that are to be feared, and the nearness of their contraries. And
+the facility of great or many helps or remedies. And neither to have
+done, nor received injury. And to have no competitors, or not great
+ones; or if great ones, at least friends, such as we have obliged, or
+are obliged to. And that the danger is extended to more or greater than
+us.
+
+_Assured_ or _confident_, are: they that have oft escaped danger. And
+they, to whom most things have succeeded well. And they, that see their
+equals or inferiors not afraid. And they, that have wherewith to make
+themselves feared; as wealth, strength, &c. And such as have done others
+no wrong. And such as think themselves in good terms with God Almighty.
+And such as think they will speed well, that are gone before.
+
+
+                               ==========
+
+
+                             CHAPTER VIII.
+
+                                OF SHAME.
+
+_Shame_ is a perturbation of the mind arising from the apprehension of
+evil, past, present, or to come, to the prejudice of a man’s own, or his
+friends' reputation.
+
+The things therefore which men are _ashamed of_, are those actions which
+proceed from vice: as to throw away one’s arms, to run away, signs of
+cowardliness. To deny that which is committed to one’s trust, a sign of
+injustice. To have lain with whom, where, and when, we ought not, signs
+of intemperance. To make gain of small and base things; not to help with
+money whom and how much we ought; to receive help from meaner men; to
+ask money at use from such as one thinks will borrow of him; to borrow
+of him that expects payment of somewhat before lent; and to re-demand
+what one has lent, of him that one thinks will borrow more; and so to
+praise as one may be thought to ask; signs of wretchedness. To praise
+one to his face; to praise his virtues too much, and colour his vices;
+signs of flattery. To be unable to endure such labours as men endure
+that are elder, tenderer, greater in quality, and of less strength than
+he; signs of effeminacy. To be beholden often to another; and to upbraid
+those that are beholden to him; signs of pusillanimity. To speak and
+promise much of one’s self, more than is due; signs of arrogance. To
+want those things which one’s equals, all or most of them, have attained
+to, is also a thing to be ashamed of. And to suffer things ignominious;
+as to serve about another’s person, or to be employed in his base
+actions.
+
+In actions of intemperance, whether willingly or unwillingly committed,
+there is _shame_; in actions of force, only when they are done
+unwillingly.
+
+The men _before whom_ we are ashamed, are such as we respect: namely,
+those that admire us. And those whom we desire should admire us. And
+those whom we admire. Those that contend with us for honour. Those whose
+opinion we contemn not. And therefore men are most ashamed in the
+presence: of old and well bred men. Of those we are always to live with.
+Of those that are not guilty of the same fault. Of those that do not
+easily pardon. And of those that are apt to reveal our faults; such as
+are men injured, backbiters, scoffers, comic poets. And of those before
+whom we have had always good success. And of those who never asked
+anything of us before. And of such as desire our friendship. And of our
+familiars, that know none of our crimes. And of such as will reveal our
+faults to any of those that are named before.
+
+But in the presence of such whose judgment most men despise, men are not
+ashamed. Therefore we are ashamed also in the presence of those whom we
+reverence. And of those who are concerned in our own, or ancestors', or
+kinsfolk’s, actions or misfortunes, if they be shameful. And of their
+rivals. And of those that are to live with them that know their
+disgrace.
+
+The _common opinions_ concerning _impudence_, are taken from the
+contrary of these.
+
+
+                               ==========
+
+
+                              CHAPTER IX.
+
+                           OF GRACE OR FAVOUR.
+
+_Grace_ is that virtue, by which a man is said to do a good turn or to
+do service to a man in need, not for his own, but for his cause to whom
+he does it.
+
+_Great_ grace is when the need is great; or when they are hard or
+difficult things that are conferred; or when the time is seasonable; or
+when he that confers the _favour_, is the only or first man that did it.
+
+_Need_ is a desire, joined with grief, for the absence of the thing
+desired. _Grace_ therefore it is not, if it be done to one that needs
+not. Whosoever therefore would prove that he has done a _grace_ or
+_favour_, must show that he needeth it to whom it was done.
+
+_Grace_ it is not, which is done by chance. Nor which is done by
+necessity. Nor which has been requited. Nor that which is done to one’s
+enemy. Nor that which is a trifle. Nor that which is nought, if the
+giver know the fault.
+
+And in this manner a man may go over the predicaments, and examine a
+benefit, whether it be a _grace_ for being _this_, or for being _so
+much_, or for being _such_, or for being _now_, &c.
+
+
+                               ==========
+
+
+                               CHAPTER X.
+
+                         OF PITY OR COMPASSION.
+
+_Pity_ is a perturbation of the mind, arising from the apprehension of
+hurt or trouble to another that doth not deserve it, and which he thinks
+may happen to himself or his.
+
+And because it appertains to _pity_ to think that he, or his, may fall
+into the misery he pities in others; it follows that they be _most
+compassionate_: who have passed through misery. And old men. And weak
+men. And timorous men. And learned men. And such as have parents, wife
+and children. And such as think there be honest men.
+
+And that they are _less compassionate_: who are in great despair. Who
+are in great prosperity. And they that are angry; for they consider not.
+And they that are very confident; for they also consider not. And they
+that are in the act of contumely; for neither do these consider. And
+they that are astonished with fear. And they that think no man honest.
+
+The _things_ to be pitied are: such as grieve, and withal hurt. Such as
+destroy. And calamities of fortune, if they be great: as none or few
+friends, deformity, weakness, lameness, &c. And evil that arrives where
+good is expected. And after extreme evil, a little good. And through a
+man’s life to have no good offer itself; or being offered, not to have
+been able to enjoy it.
+
+_Men_ to be pitied are: such as are known to us, unless they be so near
+to us, as their hurt be our own. And such as be of our own years. Such
+as are like us in manners. Such as are of the same, or like stock. And
+our equals in dignity. Those that have lately suffered, or are shortly
+to suffer injury: and those that have the marks of injury past. And
+those that have the words or actions of them that be in present misery.
+
+
+                               ==========
+
+
+                              CHAPTER XI.
+
+                             OF INDIGNATION.
+
+Opposite in a manner to pity in _good_ men, is _indignation_; which is
+grief for the prosperity of a man unworthy.
+
+With _indignation_ there is always joined a joy for the prosperity of a
+man worthy; as _pity_ is always with contentment in the adversity of
+them that deserve it.
+
+In _wicked_ men the opposite of pity is _envy_; as also the companion
+thereof, _delight in the harm of_ _others_, which the Greeks in one word
+have called ἐπιχαιρεκακία. But of these in the next chapter.
+
+Men conceive _indignation_ against others, not for their virtues, as
+justice, &c.; for these make men worthy; and in _indignation_ we think
+men unworthy: but for those goods which men indued with virtue, and
+noble men, and handsome men are worthy of. And for newly-gotten power
+and riches, rather than for ancient; and especially if by these he has
+gotten other goods, as by riches, command. The reason why we conceive
+greater _indignation_ against new than ancient riches, is that the
+former seem to possess that which is none of theirs, but the ancient
+seem to have but their own: for with common people, to have been so
+long, is to be so by right. And for the bestowing of goods
+incongruously: as when the arms of the most valiant Achilles were
+bestowed on the most eloquent Ulysses. And for the comparison of the
+inferior in the same thing, as when one valiant is compared with a more
+valiant; or whether absolutely superior, as when a good scholar is
+compared with a good man.
+
+_Apt_ to indignation are: they that think themselves worthy of the
+greatest goods, and do possess them. And they that are good. And they
+that are ambitious. And such as think themselves deserve better what
+another possesseth, than he that hath it.
+
+_Least apt_ to indignation are, such as are of a poor, servile, and not
+ambitious nature.
+
+Who they are, that rejoice or grieve not at the adversity of him that
+suffers worthily, and in what occasions, may be gathered from the
+contrary of what has been already said.
+
+Whoever therefore would turn away the _compassion_ of the judge, he must
+make him apt to _indignation_; and shew that his adversary is unworthy
+of the good, and worthy of the evil which happens to him.
+
+
+                               ==========
+
+
+                              CHAPTER XII.
+
+                                OF ENVY.
+
+_Envy_ is grief for the prosperity of such as ourselves, arising not
+from any hurt that we, but from the good that they receive.
+
+Such as ourselves, I call those that are equal to us in blood, in age,
+in abilities, in glory, or in means.
+
+They are apt to _envy_: that are within a little of the highest. And
+those that are extraordinarily honoured for some quality that is
+singular in them, especially wisdom or good fortune. And such as would
+be thought wise. And such as catch at glory in every action. And men of
+poor spirits; for every thing appears great to them.
+
+The _things_ which men envy in others are: such as bring glory. And
+goods of fortune. And such things as we desire for ourselves. And things
+in the possession whereof we exceed others, or they us, a little.
+
+Obnoxious to _envy_ are: men of our own time, of our own country, of our
+own age, and competitors of our glory; and therefore, those whom we
+strive with for honour. And those that covet the same things that we do.
+And those that get quickly, what we hardly obtain, or not at all. And
+those that attain unto, or do the things that turn to our reproach, not
+being done by us. And those that possess what we have possessed
+heretofore; so old and decayed men envy the young and lusty. And those
+that have bestowed little, are subject to be envied by such as have
+bestowed much upon the same thing.
+
+From the contraries of these may be derived the principles concerning
+joy for other men’s hurt.
+
+He therefore that would not have his enemy prevail, when he craves
+_pity_ or other favour, must dispose the judge to _envy_; and make his
+adversary appear such as are above described to be subject to the _envy_
+of others.
+
+
+                               ==========
+
+
+                             CHAPTER XIII.
+
+                              OF EMULATION.
+
+_Emulation_ is grief arising from that our equals possess such goods as
+are had in honour, and whereof we are capable, but have them not; not
+because they have them, but because not we also. No man therefore
+_emulates_ another in things whereof himself is not capable.
+
+Apt to _emulate_ are: such as esteem themselves worthy of more than they
+have. And young and magnanimous men. And such as already possess the
+goods for which men are honoured: for they measure their worth by their
+having. And those that are esteemed worthy by others. And those whose
+ancestors, kindred, familiars, nation, city, have been eminent for some
+good, do _emulate_ others for that good.
+
+_Objects_ of emulation are, for _things_; virtues. And things whereby we
+may profit others. And things whereby we may please others.
+
+For _persons_: they that possess such things. And such as many desire to
+be friends or acquainted with, or like unto. And they whose praises fly
+abroad.
+
+The contrary of _emulation_ is _contempt_. And they that _emulate_ such
+as have the goods aforementioned, _contemn_ such as have them not. And
+thence it is, that men who live happily enough, unless they have the
+goods which men honour, are nevertheless _contemned_.
+
+
+                               ==========
+
+
+                              CHAPTER XIV.
+
+                        OF THE MANNERS OF YOUTH.
+
+Of _passions_ we have already spoken. We are next to speak of _manners_.
+
+_Manners_ are distinguished by _passions_, _habits_, _ages_, and
+_fortunes_.
+
+What kind of _manners_ proceed from _passions_, and from _virtues_ and
+_vices_, which are _habits_, hath been already shewed. There remains to
+be spoken of the _manners_ that are peculiar to several _ages_ and
+_fortunes_.
+
+The _ages_ are _youth_, _middle-age_, _old age_. And first of _youth_.
+
+_Young men_ are: violent in their desires. Prompt to execute their
+desires. Incontinent. Inconstant, easily forsaking what they desired
+before. Longing mightily, and soon satisfied. Apt to anger, and in their
+anger violent; and ready to execute their anger with their hands. Lovers
+of honour and of victory more than money, as having not been yet in
+want. Well-natured, as having not been acquainted with much malice. Full
+of hope, both because they have not yet been often frustrated, and
+because they have by natural heat that disposition that other ages have
+by wine; youth being a kind of natural drunkenness; besides, hope is of
+the time to come, whereof youth hath much, but of the time past little.
+Credulous, because not yet often deceived. Easily deceived, because full
+of hope. Valiant, because apt to anger and full of hope; whereof this
+begets confidence, the other keeps off fear. Bashful, because they
+estimate the honour of actions by the precepts of the law. Magnanimous,
+because not yet dejected by the misfortunes of human life. And lovers of
+honour more than of profit, because they live more by custom than by
+reason; and by reason we acquire profit, but virtue by custom. Lovers of
+their friends and companions. Apt to err in the excess rather than the
+defect, contrary to that precept of Chilon, _Ne quid nimis_; for they
+overdo every thing: they love too much and hate too much; because
+thinking themselves wise, they are obstinate in the opinion they have
+once delivered. Doers of injury, rather for contumely than for damage.
+Merciful, because, measuring others by their own innocence, they think
+them better than they be, and therefore less to merit what they suffer;
+which is a cause of pity. And lovers of mirth, and by consequence such
+as love to jest at others.
+
+_Jesting_ is witty contumely.
+
+
+                               ==========
+
+
+                              CHAPTER XV.
+
+                       OF THE MANNERS OF OLD MEN.
+
+The manners of _old_ men are in a manner the contraries of those of
+_youth_. They determine nothing. They do everything less vehemently than
+is fit. They never say, they know; but to everything they say, perhaps
+and peradventure; which comes to pass from that, having lived long, they
+have often mistaken and been deceived. They are peevish, because they
+interpret everything to the worst. And suspicious through incredulity,
+and incredulous by reason of their experience. They love and hate, as if
+they meant to continue in neither. Are of poor spirits, as having been
+humbled by the chances of life. And covetous, as knowing how easy it is
+to lose, and how hard to get. And timorous, as having been cooled by
+years. And greedy of life; for good things seem greater by the want of
+them. And lovers of themselves, out of pusillanimity. And seek profit
+more than honour, because they love themselves; and profit is among the
+goods that are not simply good, but good for one’s self. And without
+bashfulness, because they despise seeming. And hope little; knowing by
+experience that many times good counsel has been followed with ill
+event; and because also they be timorous. And live by memory rather than
+hope; for memory is of the time past, whereof old men have good store.
+And are full of talk, because they delight in their memory. And vehement
+in their anger, but not stout enough to execute it. They have weak or no
+desires, and thence seem temperate. They are slaves to gain. And live
+more by reason than custom; because reason leads to profit, as custom to
+that which is honourable. And do injury to endamage, and not in
+contumely. And are merciful by compassion, or imagination of the same
+evils in themselves; which is a kind of infirmity, and not humanity, as
+in _young men_, proceeding from a good opinion of those that suffer
+evil. And full of complaint, as thinking themselves not far from evil
+because of their infirmity.
+
+Seeing then every man loves such men and their discourses which are most
+agreeable to their own manners; it is not hard to collect, how the
+orator and his oration may be made acceptable to the hearer, whether
+_young_ or _old_.
+
+
+                               ==========
+
+
+                              CHAPTER XVI.
+
+                   OF THE MANNERS OF MIDDLE-AGED MEN.
+
+The manners of _middle-aged_ men, are between those of _youth_ and _old
+men_. And therefore they neither dare, nor fear too much; but both as is
+fit. They neither believe all, nor reject all; but judge. They seek not
+only what is honourable, nor only what is profitable; but both. They are
+neither covetous, nor prodigal; but in the mean. They are neither easily
+angry, nor yet stupid; but between both. They are valiant and withal
+temperate.
+
+And in general, whatsoever is divided in _youth_ and _old men_, is
+compounded in _middle-age_. And whereof the excess or defect is in
+_youth_ or _old men_, the mediocrity is in those of _middle-age_.
+
+Middle-age for the _body_, I call the time from thirty to five and
+thirty years: for the _mind_, the nine-and-fortieth, or thereabouts.
+
+
+                               ==========
+
+
+                             CHAPTER XVII.
+
+                     OF THE MANNERS OF THE NOBILITY.
+
+Of manners that proceed from the several _ages_ we have already spoken.
+We are next to speak of those that rise from several _fortunes_.
+
+The manners of the _nobility_ are: to be ambitious. To undervalue their
+ancestors' equals; for the goods of fortune seem the more precious for
+their antiquity.
+
+_Nobility_ is the virtue of a stock. And _generosity_, is not to
+degenerate from the virtue of his stock. For as in plants, so in the
+races of men, there is a certain progress; and they grow better and
+better to a certain point; and change, viz. subtile wits into madness,
+and staid wits into stupidity and blockishness.
+
+
+                               ==========
+
+
+                             CHAPTER XVIII.
+
+                       OF THE MANNERS OF THE RICH.
+
+_Rich_ men are contumelious, and proud; this they have from their
+riches; for seeing everything may be had for money, having money they
+think they have all that is good. And effeminate: because they have
+wherewithal to subminister to their lust. And boasters of their wealth,
+and speak in high terms foolishly; for men willingly talk of what they
+love and admire, and think others affect the same that they do; and the
+truth is, all sorts of men submit to the rich. And think themselves
+worthy to command, having that by which men attain command. And in
+general they have the manners of fortunate fools. They do injury, with
+intention not to hurt, but to disgrace; and partly also through
+incontinence.
+
+There is a difference between _new_ and _ancient_ riches. For they that
+are _newly_ come to wealth, have the same faults in a greater degree;
+for _new riches_ are a kind of rudeness and apprenticeship of _riches_.
+
+
+                               ==========
+
+
+                              CHAPTER XIX.
+
+         OF THE MANNERS OF MEN IN POWER, AND OF SUCH AS PROSPER.
+
+The manners of men _in power_, are the same, or better than those of the
+_rich_. They have a greater sense of honour than the rich, and their
+manners are more manly. They are more industrious than the rich, for
+_power_ is sustained by industry. They are grave, but without
+austereness; for being in place conspicuous, they carry themselves the
+more modestly; and have a kind of gentle and comely gravity, which the
+_Greeks_ call σεμνότης. When they do injuries, they do great ones.
+
+The manners of men that _prosper_, are compounded of the manners of the
+_nobility_, the _rich_, and those that are _in power_; for to some of
+these all _prosperity_ appertains.
+
+_Prosperity_ in children, and goods of the body, make men desire to
+exceed others in the goods of fortune.
+
+Men that _prosper_ have this ill; to be more proud and inconsiderate
+than others. And this good; that they worship God, trusting in him, for
+that they find themselves to receive more good than proceeds from their
+industry.
+
+The manners of _poor_ men, _obscure_ men, men _without power_, and men
+_in adversity_, may be collected from the contrary of what has been
+said.
+
+
+                               ==========
+
+
+                              CHAPTER XX.
+
+COMMON PLACES OR PRINCIPLES CONCERNING WHAT MAY BE DONE, WHAT HAS BEEN
+    DONE, AND WHAT SHALL BE DONE; OR OF FACT POSSIBLE, PAST AND FUTURE.
+    ALSO OF GREAT AND LITTLE.
+
+We have hitherto set down such _principles_ as are peculiar to several
+kinds of orations. Now we are to speak of such _places_ as are _common_
+to them all; as these: _possible_, _done_, or _past_, _future_, _great_,
+_small_.
+
+_Possible_ is that: the contrary whereof is possible. And the like
+whereof is possible. And than which some harder thing is possible. And
+the beginning whereof is possible. And the end whereof is possible. And
+the usual consequent whereof is possible. And whatsoever we desire. And
+the beginning whereof is in the power of those whom we can either compel
+or persuade. And part whereof is possible. And part of the whole that is
+possible. And the general, if a particular. And a particular, if the
+general. And of relatives, if one, the other. And that which without art
+and industry is possible, is much more so with art and industry. And
+that which is possible to worse, weaker, and more unskilful men, is much
+more so to better, stronger, and more skilful.
+
+The principles concerning _impossible_ are the contraries of these.
+
+That _has been done_: than which a harder thing has been done. And the
+consequent whereof has been done. And that which being possible, he had
+a will to do, and nothing hindered. And that which was possible to him
+in his anger. And that which he longed to do. And that which was before
+upon the point of doing. And whose antecedent has been done; or that for
+which it uses to be done. And if that for whose cause we do this, then
+this.
+
+The principles concerning _not done_ are the contraries of these.
+
+That _shall be done_: which some man can, and means to do. And which
+some man can, and desires to do. And which is in the way, and upon the
+point to be done. And the antecedents whereof are past. And the motive
+whereof is past.
+
+Of _great_ and _small_, _more_ and _less_, see Chapter VII. of Book I.
+
+
+                               ==========
+
+
+                              CHAPTER XXI.
+
+                   OF EXAMPLE, SIMILITUDE, AND FABLES.
+
+Of the _principles_, both general and special, from whence _proofs_ are
+to be drawn, has been already spoken. Now follow the _proofs_
+themselves, which are _examples_ or _enthymemes_.
+
+An _example_, is either an example _properly so called_, as some action
+past; or a _similitude_, which also is called a parable; or a _fable_,
+which contains some action feigned.
+
+An example, _properly so called_, is this: _Darius came not into Greece
+till he had first subdued Egypt; Xerxes also conquered Egypt first; then
+afterwards crossed the Hellespont; we ought therefore to hinder the King
+of Persia from conquering Egypt_.
+
+A _similitude_, or _parable_, is such as followeth: _They who choose
+their magistrates by lot, are like them that choose for their champions
+those on whom the lot shall fall, rather than those who have the
+greatest strength; and for their pilot, not him that hath skill, but him
+whose name is drawn out of the urn_.
+
+A _fable_ is in this manner: _The horse desiring to drive out the stag
+from his common pasture, took a man to assist him; and having received
+into his mouth a bridle, and a rider upon his back, obtained his intent,
+but became subject to the man. So you of Himera, having, in hope to be
+revenged of your enemies, given unto Phalaris sovereign authority, that
+is to say, taken a bridle into your mouths; if you shall also give him a
+guard to his person, that is, let him get up upon your backs, you become
+his slaves presently, past recovery._
+
+To find out _examples_, that is, actions done that may serve our
+purpose, is therefore hard, because not in our power. But to find
+_fables_ and _similitudes_, is easier; because, by conversing in
+philosophy, a man may feign somewhat in nature like to the case in hand.
+
+_Examples_, _similitudes_, and _fables_, where _enthymemes_ are wanting,
+may serve us in the beginning of an oration for inductions; otherwise
+are to be alleged after enthymemes, for testimonies.
+
+
+                               ==========
+
+
+                             CHAPTER XXII.
+
+                             OF A SENTENCE.
+
+A _sentence_ is an universal proposition concerning those things which
+are to be desired or avoided in the actions or passions of the common
+life. As, _A wise man will not suffer his children to be over-learned_.
+And is to an _enthymeme_ in _rhetoric_, as any proposition is to a
+_syllogism_ in _logic_. And therefore a _sentence_, if the reason be
+rendered, becomes a _conclusion_; and both together make an _enthymeme_.
+As for example: _To be over-learned, besides that it begets effeminacy,
+procures envy. Therefore he that is wise will not suffer his children to
+be over-learned._
+
+Of _sentences_ there be four sorts. For they either require proofs or
+not, that is, are manifest or not.
+
+Such as are manifest, are either so as soon as they are uttered; as,
+_Health is a great good_. Or as soon as they are considered; as, _Men
+use to hate whom they have hurt_.
+
+Such as are not manifest, are either conclusions of _enthymemes_; as,
+_He that is wise will not suffer his children, &c._ Or else are
+_enthymematical_; that is, have in themselves the force of an
+_enthymeme_; as _Mortal men ought not to carry immortal anger_.
+
+A _sentence_ not manifest, ought to be either _inferred_ or _confirmed_.
+_Inferred_ thus: _It is not good to be effeminately minded, nor to be
+envied by one’s fellow-citizens. A wise man, therefore, will not have
+his children over-learned._ _Confirmed_ thus: _A wise man will not have
+his children over-learned; seeing too much learning both softens a man’s
+mind, and procures him envy among his fellow-citizens_.
+
+If a reason be added to a manifest _sentence_, let it be short.
+
+_Sentences_ become not every man; but only old men, and such as be
+well-versed in business. For to hear a young man speak sentences, is
+ridiculous; and to hear an ignorant man speak sentences, is absurd.
+
+_Sentences_ generally received, when they are for our purpose, ought not
+to be neglected; because they pass for truths. And yet they may be
+denied, when any laudable custom or humour may thereby be made appear in
+the denier.
+
+The commodities of _sentences_, are two. One proceeding from the vanity
+of the hearer, who takes for true universally affirmed, that which he
+has found for true only in some particular; and therefore a man ought to
+consider in every thing what opinion the hearer holds. Another is, that
+sentences do discover the manners and disposition of the speaker; so
+that if they be esteemed good sentences, he shall be esteemed a good
+man; and if evil, an evil man.
+
+Thus much of _sentences_, what they be; of how many sorts; how to be
+used; whom they become; and what is their profit.
+
+
+                               ==========
+
+
+                             CHAPTER XXIII.
+
+                     OF THE INVENTION OF ENTHYMEMES.
+
+Seeing an enthymeme differs from a logical syllogism, in that it neither
+concludes out of every thing, nor out of remote principles; the _places_
+of it, from whence a man may argue, ought to be certain and determinate.
+
+And because whosoever makes a _syllogism_, rhetorical or other, should
+know all or the most part of that which is in question; as, whosoever is
+to advise the Athenians in the question, whether they are to make war or
+no, must know what their revenues be, what and what kind of power they
+have: and he that will praise them, must know their acts at Salamis,
+Marathon, &c.: it will be necessary for a good speaker to have in
+readiness the choicest particulars of whatsoever he foresees he may
+speak of.
+
+He that is to speak _ex tempore_, must comprehend in his speech as much
+as he can of what is most _proper_ in the matter in hand.
+
+_Proper_, I call those things which are least common to others: as, he
+that will praise Achilles, is not to declare such things as are common
+both to him and Diomedes; as that he was a prince, and warred against
+the Trojans: but such things as are proper only to Achilles; as that he
+killed Hector and Cygnus; went to the war young and voluntary.
+
+Let this therefore be one general _place; from that which is proper_.
+
+
+                               ==========
+
+
+                             CHAPTER XXIV.
+
+                 OF THE PLACES OF ENTHYMEMES OSTENSIVE.
+
+Forasmuch as enthymemes either infer truly, or seem only so to do; and
+they which do infer indeed, be either _ostensive_, or such as bring a
+man to some _impossibility_; we will first set down the places of
+enthymemes _ostensive_.
+
+An _ostensive_ enthymeme is, wherein a man concludes the question from
+somewhat granted.
+
+That enthymeme which brings a man to an _impossibility_, is an enthymeme
+wherein from that which the adversary maintaineth, we conclude that
+which is manifestly _impossible_.
+
+All _places_ have been already set down in a manner in the precedent
+propositions of _good_, _evil_, _just_, _unjust_, _honourable_, and
+_dishonourable_: namely, they have been set down as applied to
+_particular_ subjects, or in _concrete_. Here they are to be set down in
+another manner; namely in the _abstract_ or _universal_.
+
+The first _place_, then, let be from _contraries_; which in the
+_concrete_ or particulars is exemplified thus. _If intemperance be
+hurtful, temperance is profitable: and if intemperance be not hurtful,
+neither is temperance profitable._
+
+Another _place_ may be from _cognomination_, or affinity of words: as in
+this particular. _If what is just, be good; then what is justly, is
+well: but justly to die, is not well: therefore not all that is just, is
+good._
+
+A third from _relatives_; as, _This man has justly done, therefore the
+other has justly suffered._ But this _place_ sometimes deceives; for a
+man may suffer _justly_, yet not from _him_.
+
+A fourth from _comparison_, three ways.
+
+From the _great to the less_; as, _He has stricken his father; and
+therefore this man._
+
+From the _less to the greater_: as, _The Gods know not all things; much
+less man._
+
+From _equality_: as, _If captains be not always the worse esteemed for
+losing a victory; why should sophisters?_
+
+Another from the time: as Philip to the Thebans: _If I had required to
+pass through your country with my army, before I had aided you against
+the Phocæans, there is no doubt but you would have promised it me. It is
+absurd therefore to deny it me now, after I have trusted you._
+
+A sixth from _what the adversary says of himself_: as, _Iphicrates asked
+Aristophon, whether he would take a bribe to betray the army; and he
+answering no; What, says he, is it likely that Iphicrates would betray
+the army, and Aristophon not?_
+
+This _place_ would be ridiculous, where the _defendant_ were not in much
+more estimation than the _accuser_.
+
+A seventh from the _definition_; as that of Socrates; _A spirit is
+either God, or the creature of God; and therefore he denies not that
+there is a God, that confesses there are spirits_.
+
+An eighth from the _distinction of an ambiguous word_.
+
+A ninth from _division_: as, _If all men do what they do for one of
+three causes, whereof two are impossible; and the accuser charge not the
+defendant with the third; it follows that he has not done it_.
+
+A tenth from _induction_: as, _At Athens, at Thebes, at Sparta, &c.; and
+therefore every where_.
+
+An eleventh from _authority_, or precedent sentence; as that of Sappho,
+that _Death is evil; for that the gods have judged it so, in excepting
+themselves from mortality_.
+
+A twelfth from the _consequence_; as, _It is not good to be envied;
+therefore neither to be learned. It is good to be wise, therefore also
+to be instructed._
+
+A thirteenth from _two contrary consequences_; as, _It is not good to be
+an orator; because if he speak the truth, he shall displease men, if he
+speak falsely, he shall displease God_.
+
+Here is to be noted, that sometimes this argument may be retorted: as
+thus, _If you speak truth, you shall please God; if you speak untruth,
+you shall please men; therefore by all means be an orator_.
+
+A fourteenth from the _quality that men have to praise one thing and
+approve another_: as, _We ought not to war against the Athenians upon no
+precedent injury; for all men discommend injustice_. Again, _We ought to
+war against the Athenians; for otherwise our liberty is at their mercy,
+that is, is no liberty: but the preservation of liberty is a thing that
+all men will approve_.
+
+A fifteenth from _proportion_: as, _Seeing we naturalize strangers for
+their virtues, why should we not banish this stranger for his vices?_
+
+A sixteenth from _the similitude of consequents_: as _He that denies the
+immortality of the gods, is no worse than he that has written the
+generation of the gods: for the same consequence follows of both, that
+sometimes there are none_.
+
+A seventeenth from that, _that men change their mind_: as, _If when we
+were in banishment, we fought to recover our country, why should we not
+fight now to retain it?_
+
+An eighteenth from _a feigned end_: as that _Diomedes chose Ulysses to
+go with him, not as more valiant than another, but as one that would
+partake less of the glory_.
+
+A nineteenth from the _cause_; as if he would infer he did it from this,
+_that he had cause to do it_.
+
+A twentieth from _that which is incredible, but true_: as that _laws may
+need a law to mend them, as well as fish bred in the salt water may need
+salting_.
+
+
+                               ==========
+
+
+                              CHAPTER XXV.
+
+                OF THE PLACES OF ENTHYMEMES THAT LEAD TO
+
+ IMPOSSIBILITY.
+
+Let the first place be from inspection of _times_, _actions_, or
+_words_, either of the adversary, or of the speaker, or both. Of the
+adversary: as, _He says he loves the people, and yet he was in the
+conspiracy of the Thirty_. Of the speaker; as, _He says I am
+contentious, and yet I never began suit_. Of both; as, _He never
+conferred any thing to the benefit of the commonwealth; whereas I have
+ransomed divers citizens with mine own money_.
+
+A second is from _shewing the cause which seemed amiss_, and serves for
+men of good reputation that are accused; as, The mother that was accused
+of incest for being seen embracing her son, was absolved as soon as she
+made appear that she embraced him upon his arrival from far by way of
+salutation.
+
+A third, from _rendering of the cause_; as, Leodamas, to whom it was
+objected, that he had, under the thirty tyrants, defaced the
+inscription, which the people had set up in a pillar, of his ignominy;
+answered, _He had not done it; because it would have been more to his
+commodity to let it stand; thereby to endear himself to the tyrants by
+the testimony of the people’s hatred_.
+
+A fourth from _better counsel_; as _He might have done better for
+himself, therefore he did not this_. But this place deceives, when the
+_better counsel_ comes to mind after the fact.
+
+A fifth from _the incompatibility of the things to be done_; as, They
+that did deliberate whether they should both mourn and sacrifice at the
+funeral of Leucothea, were told that, _if they thought her a goddess,
+they ought not to mourn; and if they thought her a mortal, they ought
+not to sacrifice_.
+
+A sixth (which is proper to judicial orations) from an _inference of
+error_; as, _If he did it not, he was not wise; therefore he did it_.
+
+Enthymemes that lead to _impossibility_, please more than _ostensive_.
+For they compare and put contraries together, whereby they are the
+better set off and more conspicuous to the auditor.
+
+Of all enthymemes, they be best which we assent to as soon as hear. For
+such consent pleaseth us, and makes us favourable to the speaker.
+
+
+                               ==========
+
+
+                             CHAPTER XXVI.
+
+                  OF THE PLACES OF SEEMING ENTHYMEMES.
+
+Of _seeming_ enthymemes, one place may be from _the form of speaking_.
+As when a man has repeated divers sentences, he brings in his conclusion
+as if it followed necessarily, though it do not.
+
+A second from _an ambiguous word_.
+
+A third from that which is _true, divided_, to that which is _false,
+joined_; as that of Orestes, _It was justice that I should revenge my
+father’s death, and it was justice my mother should die for killing my
+father: therefore I justly killed my mother_. Or from that which is
+_true, joined_, to that which is _false, divided_; as, _one cup of wine,
+and one cup of wine, are hurtful; therefore one cup of wine is hurtful_.
+
+A fourth, from _amplification of the crime_. For neither is the
+_defendant_ likely to have committed the crime he _amplifies_; nor does
+the _accuser_ seem, when he is passionate, to want ground for his
+accusation.
+
+A fifth from _signs_; as, when a man concludes the doing of the fact
+from the manner of his life.
+
+A sixth from _that which comes by chance_. As if from this, that the
+tyranny of Hipparchus came to be overthrown from the love of
+Aristogeiton to Harmodius, a man should conclude that in a free
+commonwealth loving of boys were profitable.
+
+A seventh from the _consequence_; as, _Banishment is to be desired,
+because a banished man has choice of places to dwell in_.
+
+An eighth from _making that the cause which is not_; as, _In
+Demosthenes' government the war began; therefore Demosthenes governed
+well. With the Peloponnesian war began the plague, therefore Pericles,
+that persuaded that war, did ill._
+
+A ninth from _the omission of some circumstance_; as, _Helen did what
+was lawful when she ran away with Paris, because she had her father’s
+consent to choose her own husband_; which was true only during the time
+that she had not chosen.
+
+A tenth from that which is _probable_, in _some case_, to that which is
+_probable simply_; as, _It is probable he foresaw that if he did it he
+should be suspected; therefore it is probable he did it not_. From this
+place one may infer both ways that _he did it not_. For if he be not
+likely to do it, it may be thought _he did it not_: again, if he were
+likely to do it, it may be thought _he did it not_, for this, _that he
+knew he should be suspected_.
+
+Upon this place was grounded the art which was so much detested in
+Protagoras, of making the better cause seem the worse, and the worse the
+better.
+
+
+                               ==========
+
+
+                             CHAPTER XXVII.
+
+          OF THE WAYS TO ANSWER THE ARGUMENTS OF THE ADVERSARY.
+
+An _argument_ is answered by an _opposite syllogism_, or by an
+_objection_.
+
+The places of _opposite syllogisms_ are the same with the places of
+syllogisms, or enthymemes; for a rhetorical syllogism is an enthymeme.
+
+The places of _objections_ are four.
+
+First, from _the same_. As, to the adversary that proves love to be good
+by an enthymeme, may be _objected_, that, _No want is good, and yet love
+is want_; or particularly thus, _The love of Myrrha to her father was
+not good_.
+
+The second from _contraries_. As, if the adversary say, _A good man does
+good to his friends_, an _objection_ might be made, that then _an evil
+man will do also evil to his friends_.
+
+The third from _similitude_. As thus, if the adversary say, all men that
+are injured do hate those that have injured them, it may be _objected_,
+that then _all men that had received benefits should love their
+benefactors_, that is to say, be grateful.
+
+The fourth from the _authority of famous men_. As when a man shall say,
+that drunken men ought to be pardoned those acts they do in their
+drunkenness, because they know not what they do; the _objection_ may be,
+that _Pittacus was of another mind, that appointed for such acts a
+double punishment; one for the act, another for the drunkenness_.
+
+And forasmuch as all enthymemes are drawn from _probability_, or
+_example_, or from a _sign fallible_, or from a _sign infallible_: an
+enthymeme from _probability_ may be confuted _really_, by showing that
+for the most part it falls out otherwise; but _apparently_ or
+_sophistically_, by showing only that it does not fall out so always;
+whereupon the judge thinks the _probability_ not sufficient to ground
+his sentence upon. The reason whereof is this, that the judge, while he
+hears the fact proved _probable_, conceives it as true. For the
+understanding has no object but _truth_. And therefore, by-and-by, when
+he shall hear _an instance_ to the contrary, and thereby find that he
+had no necessity to think it _true_, presently changes his opinion, and
+thinks it _false_, and consequently not so much as _probable_. For he
+cannot at one time think the same thing both _probable_ and _false_; and
+he that says a thing is _probable_, the meaning is, he thinks it _true_,
+but finds not arguments enough to prove it.
+
+An enthymeme, from a _fallible sign_, is answered by _showing_ the sign
+to be fallible.
+
+An enthymeme from an _example_, is answered as an enthymeme from
+_probability_; _really_ by showing _more examples_ to the contrary;
+_apparently_, if he bring _examples_ enough to make it seem _not
+necessary_.
+
+If the adversary have more examples than we, we must make it appear that
+they are not applicable to the case.
+
+An enthymeme from an _infallible_ sign, if the proposition be _true_, is
+unanswerable.
+
+
+                               ==========
+
+
+                            CHAPTER XXVIII.
+
+AMPLIFICATION AND EXTENUATION ARE NOT COMMON PLACES. ENTHYMEMES, BY
+    WHICH ARGUMENTS ARE ANSWERED, ARE THE SAME WITH THOSE BY WHICH THE
+    MATTER IN QUESTION IS PROVED OR DISPROVED. OBJECTIONS ARE NOT
+    ENTHYMEMES.
+
+The first, that _amplification_ and _extenuation_ are not _common
+places_, appears by this, that amplification and extenuation do prove a
+fact to be _great_ or _little_; and are therefore enthymemes to be
+_drawn from_ common places, and therefore are not the _places_
+themselves.
+
+The second, that enthymemes, by which arguments are answered, are of the
+same kind with those by which the matter in question is proved, is
+manifest by this, that these infer the opposite of what was proved by
+the other.
+
+The third, that an _objection_ is no _enthymeme_, is apparent by this,
+that an _objection_ is no more but an _opinion_, _example_, or other
+_instance_, produced to make appear that the adversary’s argument does
+not conclude.
+
+Thus much of _examples_, _sentences_, _enthymemes_, and generally of all
+things that belong to _argumentation_; from what _places_ they may be
+drawn or answered.
+
+There remain _elocution_ and _disposition_ to be spoken of in the next
+book.
+
+
+
+
+                               BOOK III.
+
+
+                               ==========
+
+
+                               CHAPTER I.
+
+             OF THE ORIGINAL OF ELOCUTION AND PRONUNCIATION.
+
+Three things being necessary to an oration, namely _proof_, _elocution_,
+and _disposition_; we have done with the first, and shall speak of the
+other two in that which follows.
+
+As for _action_ or _pronunciation_, so much as is necessary for an
+orator may be fetched out of the book of the _Art of Poetry_, in which
+we have treated of the _action_ of the _stage_. For _tragedians_ were
+the first that invented such _action_, and that but of late; and it
+consisteth in governing well the _magnitude_, _tone_, and _measure_ of
+the _voice_; a thing less subject to _art_, than is either _proof_ or
+_elocution_.
+
+And yet there have been rules delivered concerning it, as far forth as
+serve for _poetry_. But _oratorical action_ has not been hitherto
+reduced to _art_. And _orators_ in the beginning, when they saw that the
+_poets_ in barren and feigned arguments nevertheless attained great
+reputation; supposing it had proceeded from the choice or connexion of
+words, fell into a style, by imitation of them, approaching to verse,
+and made choice of words. But when the _poets_ changed their style, and
+laid by all words that were not in common use, the _orators_ did the
+same, and lighted at last upon words and a government of the voice and
+measures proper to themselves.
+
+Seeing therefore _pronunciation_ or _action_ are in some degree
+necessary also for an _orator_, the precepts thereof are to be fetched
+from the _Art of Poetry_.
+
+In the meantime this may be one general rule. If the _words_, _tone_,
+_greatness_ of the voice, _gesture_ of the body and countenance, seem to
+proceed all from one passion, then it is well pronounced. Otherwise not.
+For when there appear more passions than one at once, the mind of the
+speaker appears unnatural and distracted. Otherwise, as the mind of the
+speaker, so the mind of the hearer always.
+
+
+                               ==========
+
+
+                              CHAPTER II.
+
+                  OF THE CHOICE OF WORDS AND EPITHETS.
+
+The virtues of a _word_ are two; the first, that it be _perspicuous_;
+the second, that it be _decent_, that is, neither _above_ nor _below_
+the thing signified, or, neither too humble nor too fine.
+
+_Perspicuous_ are all words that be _proper_.
+
+_Fine_ words are those, that are _borrowed_, or _translated_ from other
+significations; of which in the _Art of Poetry_.
+
+The reason why _borrowed_ words please, is this. Men are affected with
+_words_, as they are with _men_; admiring in both that which is
+_foreign_ and _new_.
+
+To make a _poem_ graceful, many things help; but few an _oration_. For
+to a _poet_ it sufficeth, with what _words_ he can, to set out his
+_poem_. But an _orator_ must not only do that, but also seem not to do
+it: for else he will be thought to speak unnaturally, and not as he
+thinks; and thereby be the less believed; whereas _belief_ is the scope
+of his oration.
+
+The _words_ that an _orator_ ought to use are of three sorts; _proper_,
+such as are _received_, and _metaphors_.
+
+_Words_ taken from foreign languages, words compounded, and words new
+coined, are seldom to be used.
+
+_Synonymes_ belong to _poets_, and _equivocal_ words to _sophisters_.
+
+An orator if he use _proper_ words, and _received_ and _good metaphors_,
+shall both make his oration _beautiful_, and not seem to intend it; and
+shall speak _perspicuously_. For in a _metaphor_ alone there is
+_perspicuity_, _novity_, and _sweetness_.
+
+Concerning _metaphors_ the rules are these:
+
+1. He that will make the best of a thing, let him draw his _metaphor_
+from somewhat that is better. As for example, let him call a _crime_ an
+_error_. On the other side, when he would make the worst of it, let him
+draw his _metaphor_ from somewhat worse; as, calling _error_, _crime_.
+
+2. A _metaphor_ ought not to be so far-fetched, as that the similitude
+may not easily appear.
+
+3. A _metaphor_ ought to be drawn from the noblest things; as the
+_poets_ do, that choose rather to say _rosy-fingered_, than
+_red-fingered Aurora_.
+
+In like manner the rule of _epithets_ is, that he that will adorn,
+should use those of the better sort; and he that will disgrace, should
+use those of the worse. As Simonides being to write an _ode_ in honour
+of the victory gotten in a course by certain mules, being not well paid,
+called them by their name, Ἡμιόνους, that signifies their propinquity to
+asses: but having received a greater reward, styles them the _sons of
+swift-footed coursers_.
+
+
+                               ==========
+
+
+                              CHAPTER III.
+
+                OF THE THINGS THAT MAKE AN ORATION FLAT.
+
+The things that make an oration _flat_ or _insipid_, are four:
+
+1. _Words compounded._ And yet a man may compound a word, when the
+composition is necessary for want of a simple word, and easy, and seldom
+used.
+
+2. _Foreign words._ As for example, such as are newly derived from the
+Latin; which though they were proper among them whose tongue it is, are
+foreign in another language: and yet these may be used, so it be
+moderately.
+
+3. _Long_, _impertinent_, and _often epithets_.
+
+4. _Metaphors indecent_ and _obscure_. _Obscure_ they are, when they are
+far-fetched. _Indecent_, when they are _ridiculous_, as in _comedies_;
+or _too grave_, as in _tragedies_.
+
+
+                               ==========
+
+
+                              CHAPTER IV.
+
+                            OF A SIMILITUDE.
+
+A _similitude_ differs from a _metaphor_ only by such particles of
+comparison as these; _as_; _even_ _as_; _so_; _even so_, &c.
+
+A _similitude_ therefore is a _metaphor dilated_; and a _metaphor_ is a
+_similitude contracted_ into one word.
+
+A _similitude_ does well in an oration, so it be not too frequent; for
+it is poetical.
+
+An example of the _similitude_, is this of Pericles, that said in his
+oration, _that the Bœotians were like so many oaks in a wood, that did
+nothing but beat one another_.
+
+
+                               ==========
+
+
+                               CHAPTER V.
+
+                       OF THE PURITY OF LANGUAGE.
+
+Four things are necessary to make language pure.
+
+1. The right rendering of those _particles_, which some antecedent
+_particle_ does require; as to a _not only_, a _not also_; and then they
+are rendered right, when they are not suspended too long.
+
+2. _The use of proper words_, rather than _circumlocutions_; unless
+there be motive to make one do it of purpose.
+
+3. That there be nothing of _double construction_, unless there be cause
+to do it of purpose; as the prophets of the heathen, who speak in
+general terms, to the end they may the better maintain the truth of
+their prophecies; which is easier maintained in _generals_, than in
+_particulars_. For it is easier to divine whether a number be _even_ or
+_odd_, than _how many_; and that a thing _will be_, than _what_ it will
+be.
+
+4. Concordance of gender, number, and person; as not to say _him_ for
+_her_, _man_ for _men_, _hath_ for _have_.
+
+In sum, a man’s language ought to be easy for another to read,
+pronounce, and point.
+
+Besides, to divers _antecedents_, let divers _relatives_, or one common
+to them all, be correspondent; as, he _saw_ the colour, he _heard_ the
+sound; or he _perceived_ both colour and sound: but by no means, _he
+heard or saw_ both.
+
+Lastly, that which is to be interposed by _parenthesis_, let it be done
+quickly: as, _I purposed, having spoken to him_ (_to this, and to this
+purpose_), _afterward to be gone_. For to put it off thus; _I resolved,
+after I had spoken to him, to be gone; but the subject of my speech was
+to this and this purpose_; is vicious.
+
+
+                               ==========
+
+
+                              CHAPTER VI.
+
+                OF THE AMPLITUDE AND TENUITY OF LANGUAGE.
+
+A man shall add _amplitude_ or _dignity_ to his language, but by such
+means as these.
+
+1. By changing the _name_ with the _definition_, as occasion shall
+serve. As, when the _name_ shall be indecent, by using the _definition_;
+or contrary.
+
+2. By _metaphors_.
+
+3. By using the _plural_ number for the _singular_.
+
+4. By _privative epithets_.
+
+
+                               ==========
+
+
+                              CHAPTER VII.
+
+               OF THE CONVENIENCE OR DECENCY OF ELOCUTION.
+
+_Elocutions_ are made _decent_:
+
+1. By speaking _feelingly_; that is, with such passion as is fit for the
+matter he is in; as, _angerly_ in matter of _injury_.
+
+2. By speaking as becomes the _person_ of the _speaker_; as for a
+_gentleman_ to speak _eruditely_.
+
+3. By speaking _proportionably_ to the matter; as of _great affairs_ to
+speak in a _high_, and of _mean_, in a _low_ style.
+
+4. By abstaining from _compounded_, and from _out-landish words_: unless
+a man speak _passionately_, and have already moved, and, as it were,
+inebriated his hearers; or _ironically_.
+
+It confers also to persuasion very much, to use these ordinary forms of
+speaking; _all men know_, _it is confessed by all_, _no man will deny_,
+and the like. For the hearer consents, surprised with the fear to be
+esteemed the only ignorant man.
+
+It is good also, having used a word that signifies more than the matter
+requires, to abstain from the _pronunciation_ and _countenance_ that to
+such a word belongs; that the disproportion between it and the matter
+may the less appear. And when a man has said too much, it will show well
+to correct himself: for he will get belief by seeming to consider what
+he says. But in this a man must have a care not to be too precise in
+showing of this consideration. For the ostentation of carefulness is an
+argument oftentimes of lying; as may be observed in such as tell
+particularities not easily observed, when they would be thought to speak
+more precise truth than is required.
+
+
+                               ==========
+
+
+                             CHAPTER VIII.
+
+                         OF TWO SORTS OF STYLES.
+
+There be two sorts of _styles_. The one _continued_, or to be
+_comprehended at once_; the other _divided_, or _distinguished_ by
+periods.
+
+The first sort was in use with ancient writers; but is now out of date.
+An example of this _style_ is in the history of Herodotus; wherein there
+is no period till the end of the whole history.
+
+In the other kind of _style_, that is distinguished by periods, a
+_period_ is such a part as is perfect in itself; and has such length, as
+may easily be comprehended by the understanding.
+
+This latter kind is pleasant, the former unpleasant; because this
+appears finite, the other infinite. In this the hearer has always
+somewhat set out, and terminated to him; in the other he foresees no
+end, and has nothing finished to him. This may easily be committed to
+memory, because of the measure and cadence; which is the cause that
+verses be easily remembered: the other not.
+
+Every sentence ought to end with the _period_, and nothing to be
+interposed.
+
+_Period_ is either _simple_, or _divided into parts_.
+
+_Simple_, is that which is _indivisible_; as, _I wonder you fear not
+their ends, whose actions you imitate_.
+
+A _period divided_, is that which not only has perfection and length
+convenient for respiration, but also _parts_. As, _I wonder you are not
+afraid of their ends; seeing you imitate their actions_: where in these
+words, _I wonder you are not afraid of their ends_, is one _colon_ or
+_part_; and in these, _seeing you imitate their actions_, another: and
+both together make the period.
+
+The _parts or members_, and _periods_, of speech, ought neither be _too
+long_, nor _too short_.
+
+_Too long_, are they which are produced beyond the expectation of the
+hearer. _Too short_, are they that end before he expects it.
+
+Those that be _too long_, leave the hearer behind; like him that walking
+goes beyond the usual end of the walk, and thereby out-goes him that
+walks with him.
+
+They that be _too short_, make the hearer stumble; for when he looks far
+before him, the end stops him before he be aware.
+
+A _period_ that is _divided_ into parts, is either _divided only_; or
+has also an _opposition_ of the _parts_ one to another.
+
+_Divided only_ is such as this; _This the senate knows, the consul sees;
+and yet the man lives_.
+
+A _period_ with _opposition of parts_, called also _antithesis_, and the
+parts _antitheta_, is when _contrary parts_ are put together, or also
+joined by a third.
+
+Contrary parts are put together as here; _The one has obtained glory,
+the other riches; both by my benefit_.
+
+_Antitheta_ are therefore acceptable, because not only the _parts_
+appear the better for the _opposition_, but also for that they carry
+with them a certain appearance of that kind of enthymeme, which leads to
+_impossibility_.
+
+_Parts_ or _members_ of a _period_, are said to be _equal_, when they
+have altogether, or almost, equal number of syllables.
+
+_Parts_ or _members_ of a _period_, are said to be _like_, when they
+_begin_ or _end_ alike: and the more _similitudes_, and the greater
+_equality_ there is of syllables, the more graceful is the period.
+
+
+                               ==========
+
+
+                              CHAPTER IX.
+
+     OF THOSE THINGS THAT GRACE AN ORATION, AND MAKE IT DELIGHTFUL.
+
+Forasmuch as there is nothing more delightful to a man, than to find
+that he apprehends and learns easily; it necessarily follows, that those
+_words_ are most _grateful_ to the ear, that make a man seem to see
+before his eyes the things signified.
+
+And therefore _foreign_ words are unpleasant, because _obscure_; and
+_plain_ words, because _too manifest_, making us learn nothing new. But
+_metaphors_ please; for they beget in us, by the _genus_, or by some
+_common_ thing to that with another, a kind of _science_. As when an
+_old man_ is called _stubble_; a man suddenly learns that he grows up,
+flourisheth, and withers like grass, being put in mind of it by the
+qualities common to _stubble_ and to _old men_.
+
+That which a _metaphor_ does, a _similitude_ does the same; but with
+less _grace_, because with more _prolixity_.
+
+Such enthymemes are the most _graceful_, which neither are presently
+very manifest, nor yet very hard to be understood; but are comprehended
+while they are uttering, or presently after, though not understood
+before.
+
+The things that make a speech _graceful_, are these; _antitheta_,
+_metaphors_, and _animation_.
+
+Of _antitheta_ and _antithesis_ hath been spoken in the precedent
+chapter.
+
+Of _metaphors_, the most _graceful_ is that which is drawn from
+_proportion_.
+
+Aristotle, in the twelfth chapter of his _Poetry_, defines a _metaphor_
+to be the translation of a name from one signification to another;
+whereof he makes four kinds, 1. From the _general_ to the _particular_.
+2. From the _particular_ to the _general_. 3. From one _particular_ to
+another. 4. From _proportion_.
+
+A metaphor from proportion is such as this; _A state without youth, is a
+year without a spring_.
+
+_Animation_ is that expression which makes us seem to see the thing
+before our eyes. As he that said, _The Athenians poured out their city
+into Sicily_; meaning, they sent thither the greatest army they could
+make. And this is the greatest grace of an oration.
+
+If therefore in the same sentence there concur both _metaphor_ and this
+_animation_, and also _antithesis_, it cannot choose but be very
+_graceful_.
+
+That an oration is _graced_ by metaphor, animation, and antithesis, hath
+been said: but _how_ it is graced, is to be said in the next chapter.
+
+
+                               ==========
+
+
+                               CHAPTER X.
+
+      IN WHAT MANNER AN ORATION IS GRACED BY THE THINGS AFORESAID.
+
+It is graced by _animation_, when the actions of living creatures are
+attributed to things without life; as when the _sword_ is said to
+_devour_.
+
+Such _metaphors_ as these come into a man’s mind by the observation of
+things that have similitude and proportion one to another. And the more
+unlike and unproportionable the things be otherwise, the more _grace_
+hath the _metaphor_.
+
+A _metaphor_ without _animation_, adds _grace_ then, when the hearer
+finds he learns somewhat by such use of the word.
+
+Also _paradoxes_ are _graceful_, so men inwardly do believe them. For
+they have in them somewhat like to those jests that are grounded upon
+the similitude of words, which have usually one sense, and in the
+present another; and somewhat like to those jests which are grounded
+upon the deceiving of a man’s expectation.
+
+And _paragrams_, that is, allusions of words, are graceful, if they be
+well placed, and in periods not too long, and with _antithesis_. For by
+these means the ambiguity is taken away.
+
+And the more of these, namely, _metaphor_, _animation_, _antithesis_,
+_equality of members_, a period hath, the more graceful it is.
+
+_Similitudes_ grace an oration, when they contain also a _metaphor_.
+
+And _proverbs_ are graceful, because they are _metaphors_, or
+translations of words from one species to another.
+
+And _hyperboles_, because they also are _metaphors_. But they are
+youthful, and bewray vehemence; and are used with most grace by them
+that be angry; and for that cause are not comely in old men.
+
+
+                               ==========
+
+
+                              CHAPTER XI.
+
+OF THE DIFFERENCE BETWEEN THE STYLE TO BE USED IN WRITING, AND THE STYLE
+    TO BE USED IN PLEADING.
+
+The _style_ that should be _read_, ought to be more exact and accurate.
+But the _style_ of a _pleader_, ought to be suited to action and
+pronunciation.
+
+Orations of them that _plead_, pass away with the hearing. But those
+that are _written_, men carry about them, and are considered at leisure;
+and consequently must endure to be sifted and examined.
+
+_Written_ orations appear flat in _pleading_. And orations made for the
+_bar_, when the action is away, appear in _reading_ insipid.
+
+In _written_ orations repetition is justly condemned. But in
+_pleadings_, by the help of action, and by some change in the _pleader_,
+repetition becomes amplification.
+
+In _written_ orations disjunctives do ill; as, _I came_, _I found him_,
+_I asked him_: for they seem superfluous, and but one thing, because
+they are not distinguished by action. But in _pleadings_ it is
+amplification; because that which is but one thing, is made to seem
+many.
+
+Of _pleadings_, that which is _judicial_ ought to be more accurate than
+that which is _before the people_.
+
+And an oration _to the people_ ought to be more accommodate to action,
+than a _judicial_.
+
+And of _judicial_ orations, that ought to be more accurate, which is
+uttered to _few_ judges; and that ought to be more accommodate to
+action, which is uttered to _many_. As in a _picture_, the further he
+stands off that beholds it, the less need there is that the colours be
+fine; so in _orations_, the further the hearer stands off, the less need
+there is for his oration to be elegant.
+
+Therefore _demonstrative_ orations are most proper for _writing_, the
+end whereof is to be _read_.
+
+
+                               ==========
+
+
+                              CHAPTER XII.
+
+              OF THE PARTS OF AN ORATION, AND THEIR ORDER.
+
+The _necessary_ parts of an oration are but two; _propositions_ and
+_proof_; which are, as it were, the _problem_ and _demonstration_.
+
+The _proposition_ is the explication or opening of the matter to be
+_proved_. And _proof_ is the _demonstration_ of the matter _propounded_.
+
+To these _necessary parts_ are sometimes added two other, the _proem_
+and the _epilogue_; neither of which is any _proof_.
+
+So that in some there be _four parts_ of an oration; the _proem_; the
+_proposition_, or as others call it, the _narration_; the _proofs_,
+which contain _confirmation_, _confutation_, _amplification_, and
+_diminution_; and the _epilogue_.
+
+
+                               ==========
+
+
+                             CHAPTER XIII.
+
+                              OF THE PROEM.
+
+The _proem_ is the beginning of an oration, and, as it were, the
+preparing of the way before one enter into it.
+
+In some kinds of orations it resembles the _prelude_ of _musicians_, who
+first play what they list, and afterwards the tune they intended. In
+other kinds it resembles the _prologue_ of a _play_, that contains the
+argument.
+
+Proems of the first sort, are most proper for _demonstrative_ orations;
+in which a man is free to foretell, or not, what points he will insist
+upon. And for the most part it is better not; because when a man has not
+obliged himself to a certain matter, _digression_ will seem _variety_;
+but if he have engaged himself, _variety_ will be accounted
+_digression_.
+
+In _demonstratives_, the matter of the _proem_ consisteth in the
+_praise_ or _dispraise_ of some _law_ or _custom_, or in _exhortation_
+or _dehortation_, or in something that serves to incline the hearer to
+the purpose.
+
+Proems of the second kind are most proper for _judicial_ orations. For
+as the _prologue_ in a _dramatic_, and the _exordium_ in an _epic_ poem,
+setteth forth in few words the argument of the poem; so in a _judicial
+oration_, the orator ought to exhibit a model of his oration, that the
+mind of the hearer may not be suspended, and for want of foresight err
+or wander.
+
+Whatsoever else belongs to a _proem_, is drawn from one of these four:
+from the _speaker_, from the _adversary_, from the _hearer_, or from the
+_matter_.
+
+From the _speaker_ and _adversary_, are drawn into proems such
+criminations and purgations as belong not to the cause.
+
+To the _defendant_, it is necessary in the proem to answer to the
+accusations of his _adversary_; that those being cleared, he may have a
+more favourable entrance to the rest of his oration.
+
+But to the _plaintiff_, it is better to cast his criminations all into
+the _epilogue_; that the judge may the more easily remember them.
+
+From the _hearer_ and from the _matter_, are drawn into the proem such
+things as serve to make the _hearer_ favourable or angry, attentive or
+not attentive, as need shall require.
+
+And _hearers_ use to be attentive to _persons_ that are reputed _good_;
+to _things_ that are of _great consequence_, or that _concern
+themselves_, or that are _strange_, or that _delight_.
+
+But to make the _hearer_ attentive, is not the part of the _proem_ only,
+but of any other part of the oration, and rather of any other part than
+of the proem. For the _hearer_ is everywhere more remiss than in the
+beginning. And therefore wheresoever there is need, the orator must make
+appear both the _probity_ of his own _person_, and that the _matter_ in
+hand is of _great consequence_; or that it concerns the _hearer_, or
+that it is _new_, or that it is _delightful_.
+
+He that will have the hearer attentive to _him_, but not to the _cause_,
+must on the other side make it seem that the _matter_ is a _trifle_
+without relation to the _hearer_, _common_ and _tedious_.
+
+That the _hearer_ may be favourable to the _speaker_, one of two things
+is required: that he _love_ him, or that he _pity_ him.
+
+In _demonstrative_ orations, he that _praises_ shall have the _hearer_
+favourable, if he think himself or his own manners, or course of life,
+or anything he loves, comprehended in the same _praise_.
+
+On the contrary, he that _dispraises_ shall be heard favourably, if the
+_hearer_ find his _enemies_, or _their courses_, or anything he _hates_,
+involved in the same _dispraise_.
+
+The _proem_ of a _deliberative_ oration is taken from the same things
+from which are taken the _proems_ of _judicial_ orations. For the matter
+of a _deliberative_ oration needeth not that natural _proem_, by which
+is shown what we are to speak of, for that is already known; the _proem_
+in these being made only for the _speaker’s_ or _adversary’s_ sake, or
+to make the _matter_ appear _great_ or _little_, as one would have it;
+and is therefore to be taken from the _persons_ of the _plaintiff_ or
+_defendant_, or from the _hearer_, or from the _matter_, as in orations
+_judicial_.
+
+
+                               ==========
+
+
+                              CHAPTER XIV.
+
+                  PLACES OF CRIMINATION AND PURGATION.
+
+One, from the _removal of ill opinion_ in the hearer, imprinted in him
+by the adversary or otherwise.
+
+Another from this: that the thing done is _not hurtful_, or _not to
+him_, or _not so much_, or _not unjust_, or _not great_, or _not
+dishonourable_.
+
+A third from the _recompense_: as, _I did him harm, but withal I did him
+honour_.
+
+A fourth from the _excuse_; as, _It was error_, _mischance_, or
+_constraint_.
+
+A fifth from the _intention_; as, _One thing was done, another meant_.
+
+A sixth from the _comprehension_ of the accuser; as, _What I have done,
+the accuser has done the same_, or _his father_, _kinsman_, or _friend_.
+
+A seventh from the _comprehension_ of those that are in reputation; as,
+_What I did, such and such have done the same, who nevertheless are good
+men_.
+
+An eighth from _comparison_ with such as have been falsely accused or
+wrongfully suspected, and nevertheless found upright.
+
+A ninth from _recrimination_; as, _The accuser is a man of ill life, and
+therefore not to be believed_.
+
+A tenth from that the _judgment_ belongs to another place, or time; as,
+_I have already answered_, or _am to answer elsewhere to this matter_.
+
+An eleventh from _crimination_ of the crimination: as, _It serves only
+to pervert judgment_.
+
+A twelfth, which is common both to crimination and purgation, and is
+taken from _some sign_; as, _Teucer is not to be believed, because his
+mother was Priam’s sister_. On the other side, _Teucer is to be
+believed, because his father was Priam’s enemy_.
+
+A thirteenth, proper to crimination only, from _praise and dispraise
+mixed_; as, to praise small things, and blame great ones; or to praise
+in many words, and blame with effectual ones; or to praise many things
+that are good, and then add one evil, but a great one.
+
+A fourteenth, common both to _crimination_ and _purgation_, is taken
+from the _interpretation of the fact_. For he that _purgeth_ himself,
+_interpreteth the fact_ always in the best sense; and he that
+_criminates_, always in the worst; as when Ulysses said, _Diomedes chose
+him for his companion, as the most able of the Grecians, to aid him in
+his exploit_: but his adversary said, _he chose him for his cowardice,
+as the most unlikely to share with him in the honour_.
+
+
+                               ==========
+
+
+                              CHAPTER XV.
+
+                            OF THE NARRATION.
+
+The _narration_ is not always continued, and of one piece; but
+sometimes, as in _demonstratives_, interrupted, and dispersed through
+the whole oration.
+
+For there being in a _narration_, something that falls not under art; as
+namely, the actions themselves, which the orator inventeth not; he must
+therefore bring in the _narration_ of them where he best may. As for
+example, if being to praise a man, you would make a _narration_ of all
+his acts immediately from the beginning, and without interruption, you
+will find it necessary afterwards to repeat the same acts again, while
+from some of them you praise his valour, and from others his wisdom;
+whereby your oration shall have less variety, and shall less please.
+
+It is not necessary always that the _narration_ be short. The true
+measure of it must be taken from the _matter_ that is to be laid open.
+
+In the _narration_, as oft as may be, it is good to insert somewhat
+commendable in one’s self, and blameable in one’s adversary: as, _I
+advised him, but he would take no counsel_.
+
+In _narrations_, a man is to leave out whatsoever breeds compassion,
+indignation, &c. in the hearer beside the purpose; as Ulysses in Homer,
+relating his travels to Alcinous, to move compassion in him, is so long
+in it that it consists of divers books: but when he comes home, tells
+the same to his wife in thirty verses, leaving out what might make her
+sad.
+
+The _narration_ ought also to be in such words as argue the _manners_,
+that is some virtuous or vicious habit in him of whom we speak, although
+it be not expressed; as, _setting his arms a-kimbo, he answered, &c._;
+by which is insinuated the pride of him that so answered.
+
+In an _oration_ a man does better to shew his affection than his
+judgment; that is, it is better to say, _I like this_, than to say,
+_this is better_. For by the one you would seem _wise_, by the other
+_good_. But _favour_ follows _goodness_; whereas _wisdom_ procures
+_envy_.
+
+But if this affection seem incredible, then either a reason must be
+rendered, as did Antigone. For when she had said, _she loved her brother
+better than her husband or children_; she added, _for husband and
+children I may have more; but another brother I cannot, my parents being
+both dead_. Or else a man must use this form of speaking; _I know this
+affection of mine seems strange to you; but nevertheless it is such_.
+For it is not easily believed that any man has a mind to do any thing
+that is not for his own good.
+
+Besides in a _narration_, not only the actions themselves, but the
+passions and signs that accompany them, are to be discovered.
+
+And in his _narration_ a man should make himself and his adversary be
+considered for such and such, as soon and as covertly as he can.
+
+A _narration_ may have need sometimes not to be in the beginning. In
+_deliberative_ orations, that is, wheresoever the question is of things
+to come, a _narration_, which is always of things past, has no place.
+And yet things past may be recounted, that men may _deliberate_ better
+of the future. But that is not as _narration_, but _proof_; for it is
+_example_.
+
+There may also be _narration_ in _deliberatives_, in that part where
+crimination and praise come in. But that part is not _deliberative_, but
+_demonstrative_.
+
+
+                               ==========
+
+
+                              CHAPTER XVI.
+
+                OF PROOF OR CONFIRMATION, AND REFUTATION.
+
+_Proofs_ are to be applied to something controverted.
+
+The controversy in _judicial_ orations is, whether it has been _done_;
+whether it has been _hurtful_; whether the matter be _so great_; and
+whether it be _just, or no_.
+
+In a question of _fact_, one of the parties of necessity is faulty; for
+ignorance of the _fact_ is no excuse; and therefore the _fact_ is
+chiefly to be insisted on.
+
+In _demonstratives_, the _fact_ for the most part is supposed: but the
+_honour_ and _profit_ of the fact are to be _proved_.
+
+In _deliberatives_, the question is, whether the thing _be like to be,
+or likely to be so great_; or whether it be _just_; or whether it be
+_profitable_.
+
+Besides the application of the _proof_ to the question, a man ought to
+observe whether his adversary have lied in any point without the cause.
+For it is a sign he does the same in the cause.
+
+The _proofs_ themselves are either _examples_, or _enthymemes_.
+
+A _deliberative_ oration, because it is of things to come, requireth
+rather _examples_ than _enthymemes_.
+
+But a _judicial_ oration, being of things past, which have a necessity
+in them, and may be concluded syllogistically, requireth rather
+_enthymemes_.
+
+_Enthymemes_ ought not to come too thick together: for they hinder one
+another’s force by confounding the hearer.
+
+Nor ought a man to endeavour to prove everything by enthymeme, lest like
+some philosophers he collect what is _known_, from what is _less known_.
+
+Nor ought a man to use enthymemes, when he would move the hearer to some
+affection. For seeing divers motions do mutually destroy or weaken one
+another, he will lose either the _enthymeme_, or the _affection_ that he
+would move.
+
+For the same reason, a man ought not to use enthymemes when he would
+express _manners_.
+
+But whether he would move _affection_, or insinuate his _manners_, he
+may withal use _sentences_.
+
+A _deliberative_ oration is more difficult than a _judicial_, because it
+is of the _future_; whereas a _judicial_ is of that which is _past_, and
+that consequently may be known; and because it has _principles_, namely,
+the _law_; and it is easier to _prove_ from _principles_, than without.
+
+Besides, a _deliberative_ oration wants those helps of _turning to the
+adversary_, of _speaking of himself_, of _raising passion_.
+
+He therefore that wants matter in a deliberative oration, let him bring
+in some person to praise or dispraise. And in demonstratives, he that
+has nothing to say in _commendation_ or _discommendation_ of the
+_principal party_, let him _praise_ or _dispraise_ somebody else, as his
+_father_ or _kinsman_, or the very _virtues_ or _vices_ themselves.
+
+He that wants not _proofs_, let him not only _prove_ strongly, but also
+insinuate his _manners_: but he that has no _proof_, let him
+nevertheless insinuate his _manners_. For a _good man_ is as acceptable
+as an _exact oration_.
+
+Of _proofs_, those that _lead to an absurdity_, please better than those
+that are _direct_ or _ostensive_; because from the comparison of
+contraries, namely, _truth_ and _falsity_, the force of the syllogism
+does the better appear.
+
+_Confutation_ is also a part of _proof_. And he that speaks first, puts
+it _after_ his own proofs; unless the controversy contain many and
+different matters. And he that speaks last, puts it _before_. For it is
+necessary to make way for his own oration, by removing the objections of
+him that spake before. For the mind abhors both the man and his oration,
+that is damned beforehand.
+
+If a man desire his _manners_ should appear well, lest speaking of
+himself, he become odious, or troublesome, or obnoxious to obtrectation;
+or speaking of another, he seem contumelious or scurrilous; let him
+introduce another person.
+
+Last of all, lest he cloy his hearer with _enthymemes_, let him vary
+them sometimes with _sentences_, but such as have the same force. As
+here is an _enthymeme_: _If it be then the best time to make peace, when
+the best conditions of peace may be had; then the time is now, while our
+fortune is entire_. And this is a _sentence_ of equal force to it: _Wise
+men make peace, while their fortune is entire_.
+
+
+                               ==========
+
+
+                             CHAPTER XVII.
+
+                 OF INTERROGATIONS, ANSWERS, AND JESTS.
+
+The times when it is fit to ask one’s adversary a _question_, are
+chiefly four.
+
+The first is, when of two propositions that conclude an absurdity, he
+has already uttered one; and we would by _interrogation_ draw him to
+confess the other.
+
+The second, when of two propositions that conclude an absurdity, one is
+manifest of itself, and the other likely to be fetched out by a
+_question_; then the _interrogation_ will be seasonable; and the absurd
+conclusion is presently to be inferred without adding that proposition
+which is manifest.
+
+The third, when a man would make appear that his adversary does
+contradict himself.
+
+The fourth, when a man would take from his adversary such shifts as
+these: _In some sort, it is so; in some sort, it is not so_.
+
+Out of these cases, it is not fit to _interrogate_. For he whose
+question succeeds not, is thought vanquished.
+
+To equivocal _questions_ a man ought to answer fully, and not to be too
+brief.
+
+To _interrogations_, which we foresee tend to draw from us an _answer_
+contrary to our purpose, we must, together with our _answer_, presently
+give an _answer_ to the objection which is implied in the _question_.
+
+And where the question exacteth an answer that concludeth against us, we
+must, together with our _answer_, presently _distinguish_.
+
+_Jests_ are dissolved by serious and grave discourse; and grave
+discourse is deluded by _jests_.
+
+The several kinds of _jests_ are set down in the _Art of Poetry_.
+Whereof one kind is _ironia_, and tends to please one’s self. The other
+is _scurrility_, and tends to please others.
+
+The latter of these has in it a kind of baseness: the former may become
+a man of good breeding.
+
+
+                               ==========
+
+
+                             CHAPTER XVIII.
+
+                            OF THE EPILOGUE.
+
+The _epilogue_ must consist of one of these four things.
+
+Either of _inclining the judge to favour his own_, or _disfavour the
+adversary’s side_. For then, when all is said in the cause, is the best
+season to _praise_ or _dispraise_ the parties.
+
+Or of _amplification_ or _diminution_. For when it appears what is good
+or evil, then is the time to show _how great_ or _how little_ that good
+or evil is.
+
+Or in _moving the judge to anger, love_, or other passion. For when it
+is manifest of what kind, and how great the good or evil is, then it
+will be opportune to _excite_ the judge.
+
+Or of _repetition_, that the judge may remember what has been said.
+
+_Repetition_ consisteth in the _matter_ and the _manner_. For the orator
+must show that he has performed what he promised in the beginning of his
+oration; and _how_, namely, by comparing his arguments one by one with
+his adversary’s, repeating them in the same order they were spoken.
+
+                               ==========
+
+
+
+
+                                  THE
+
+                            ART OF RHETORIC
+
+                           PLAINLY SET FORTH.
+
+                        WITH PERTINENT EXAMPLES
+
+                  FOR THE MORE EASY UNDERSTANDING AND
+                         PRACTICE OF THE SAME.
+
+                                   BY
+
+                      THOMAS HOBBES OF MALMSBURY.
+
+
+
+
+                                  THE
+
+                            ART OF RHETORIC.
+
+
+                               ==========
+
+
+                               CHAPTER I.
+
+Rhetoric is an art of speaking finely. It hath two parts:
+
+1. Garnishing of speech, called _elocution_;
+
+2. Garnishing of the manner of utterance, called _pronunciation_.
+
+Garnishing of speech is the first part of rhetoric; whereby the speech
+itself is beautified and made fine. It is either the fine manner of
+words, called a trope; or the fine shape or frame of speech, called a
+figure.
+
+The fine manner of words is a garnishing of speech, whereby one word is
+drawn from its first proper signification to another; as in this
+sentence: _sin lieth at the door_: where _sin_ is put for the punishment
+of sin adjoined unto it: _lieth at the door_, signifieth at hand; as
+that which lieth at the door, is ready to be brought in.
+
+This changing of words was first found out by necessity, for the want of
+words; afterwards confirmed by delight, because such words are pleasant
+and gracious to the ear. Therefore this change of signification must be
+shamefaced, and, as it were, maidenly, that it may seem rather to be led
+by the hand to another signification, than to be driven by force unto
+the same.
+
+Yet sometimes this fine manner of speech swerveth from this perfection;
+and then it is, either the abuse of this fine speech, called
+_katachresis_, or the excess of this fineness, called _hyperbole_.
+
+_Be not too just nor too wicked_; which speech, although it seem very
+hard, yet it doth, not without some fineness of speech, utter thus much;
+_That one seek not a righteousness beyond the law of God; and that when
+none can live without all sin, yet that they take heed that sin bear not
+dominion over them_.
+
+As, _My tears are my meat day and night. Those that hate me are more in
+number than the hairs of my head_. Both which do utter by an express of
+speech, a great sorrow, and a great number of enemies.
+
+The abuse of speech is, when the change of speech is hard, strange, and
+unwonted, as in the first example.
+
+The excess of speech is, when the change of signification is very high
+and lofty, as in the second example, and Psalms vi. vii.
+
+But the excellency or fineness of words or tropes, is most excellent,
+when divers are _shut up in one_, or _continued in many_.
+
+An example of the first sort is in 2 Kings ii. 9: _I pray thee, let me
+have a double portion of thy Spirit_: where by _Spirit_ is meant the
+gift of the Spirit; and by _thy Spirit_, the gift of the spirit like to
+thine.
+
+The _continuance_ of tropes, called an allegory, is, when one kind of
+trope is so continued, as, look with what kind of matter it be begun,
+with the same it be ended. So in Psalm xxiii. _the care of God towards
+his church_ is set forth in the words proper to _a shepherd_. So in the
+whole book of Canticles, _the sweet conference of Christ and his
+church_, is set down by the words proper to _the husband and the wife_.
+So old age is set down by this garnishing of speech, in Ecclesiastes
+xii. 5, 6.
+
+Hitherto of the properties of a fine manner of words, called a trope.
+Now the divers sorts do follow. They are those which note out, 1, no
+comparison, or are with some comparison; or, 2, no respect of division,
+or some respect.
+
+The first is double: 1. The change of name, called a _metonymy_. 2. The
+mocking speech, called an _irony_.
+
+The change of name is where the name of a thing is put for the name of a
+thing agreeing with it. It is double: 1. When the cause is put for the
+thing caused; and contrarywise. 2. When the thing to which anything is
+adjoined, is put for the thing adjoined; and contrarywise.
+
+The change of name of the cause is when either the name of the _maker_,
+or the name of the _matter_, is put for the _thing made_.
+
+Of the _maker_, when the finder out, or the author of the thing, or the
+instrument whereby the thing is done, is put for the _thing made_. So
+Moses is put for his writings: so love is put for liberality, or
+bestowing benefits, the fruit of love; so (Rom. i. 8): faith, the cause,
+is put for religious serving of God, the thing caused. So (James iii.)
+the tongue, the instrument of speech, is put for the speech itself.
+_Rule thy tongue._
+
+Of the _matter_: _Thou art dust, and to dust shalt thou return_; that
+is, _one made of dust_.
+
+Now, on the other side, when the thing caused, or the effect, is put for
+any of these causes. So _the Gospel of God_ is called _the power of God
+to salvation_; that is, the instrument of the power of God. So _love_ is
+said to be _bountiful_, because it causeth one to be bountiful. St. Paul
+saith, _The bread that we break, is it not in the communion of the body
+and blood of Christ?_ That is, an instrument of the communion of the
+body of Christ. So _the body_ is said to be an _earthly tabernacle_;
+that is, a tabernacle made of earth.
+
+The change of name, or _metonymy_, where the subject, or that which hath
+anything adjoined, is put for the thing adjoined, or adjunct. So the
+place is put for those, or that in the place: _set thine house in
+order_; that is, thy household matters. _It shall be easier for Sodom
+and Gomorrha_; that is, the people in Sodom and Gomorrha. So _Moses'
+chair_ is put for the _doctrine_ taught in _Moses' chair_. So _all
+Jericho and Jerusalem came out_; that is, all the men in Jericho and
+Jerusalem. So before, _sin_ was put for the _punishment of sin_. _Let
+his blood rest upon us and our children_; that is, the punishment which
+shall follow his death. So Christ said, _This is my body_; that is, a
+sign or sacrament of my body. _This wine is the new testament in my
+blood_; that is, a sign or seal of the new testament in my blood. So
+John saith, _I saw the Spirit descending in the likeness of a dove_;
+that is, the sign of the Spirit.
+
+On the other side, the adjunct is put for the thing to which it is
+adjoined. As Christ (1 Tim. i. 1) is called _our hope_; that is, on whom
+our hope did depend. So, _we are justified by faith_; that is, by Christ
+applied by faith. So, _love is the fulfilling of the law_; that is,
+those things to which it is adjoined. _Hope_ for the _things hoped for_;
+as Rom. viii. 24. So in the Epistle to the Ephesians, v. 16: _The days
+are evil_; that is, the manner, conversation, and deeds of men in the
+days.
+
+Hitherto the _metonymy_, or change of name. Now followeth the mocking
+speech, or _irony_.
+
+
+                               ==========
+
+
+                              CHAPTER II.
+
+The _mocking_ trope is, when one contrary is signified by another; as
+God said, _Man is like to one of us_. So Christ saith, _Sleep on_; and
+yet by-and-by, _Arise, let us go_. So Paul saith, _You are wise, and I
+am a fool_.
+
+This trope is conceived either by the contrariety of the matter, or the
+manner of utterance, or both. So Elijah said to the prophets of Baal,
+_Cry aloud_, &c. So the Jews said unto Christ, _Hail, King of the Jews!_
+
+Hitherto appertaineth the passing by a thing, which yet with a certain
+elegance noteth it. So Philemon 19: _That I say not, thou owest thyself
+unto me_.
+
+Hitherto of the fineness of words which respect no division. Now
+followeth that which respecteth division, called _synechdoche_.
+
+A _synechdoche_ is when the name of the whole is given to the part; or
+the name of the part to the whole. And it is double. 1. When the whole
+is put for the member, and contrarily. 2. When the general, or whole
+kind, is put for the special; or contrarily.
+
+So St. John: _Not only for our sins, but for the sins of the whole
+world_. So righteousness, a member of goodness, is put for all goodness;
+so unrighteousness is put for all manner of sins.
+
+Examples of the second sort, as these: So _Israel_ is put for _those of
+Juda_ sometimes. So _nations_ for _the heathen_. _A minister_ of Christ
+for _an apostle_ of Christ, as Rom. xv. 16. _A minister_ put for _a
+distributer_, as Rom. xii. 7.
+
+On the other side, one sort or special is put for the whole sort or
+general, in the examples following. In the Lord’s prayer, _bread_, _one_
+help of life, is put for _all_ helps; _this day_, _one_ time for _all_
+times. So Solomon saith, _the thing of the day in his day_; that is, the
+thing of the time in his time.
+
+So sometimes less is spoken, and yet more is understood; which is called
+diminution, or _meiosis_. As James saith to him _that knoweth how to do
+well and doth it not, it is sin_; that is a great sin. So our Saviour
+Christ saith, _If they had not known, they had had no sin_; that is, no
+such great sin as they have now. Likewise the denial by comparison.
+
+So Solomon saith, _Receive my words, and not silver_; that is, my words
+rather than silver. So Paul saith, _I was sent to preach, and not to
+baptize_; that is, not so much to baptize as to preach.
+
+Hitherto of the fineness of words, which note out no comparison. Now
+followeth the fineness of words which noteth out comparison, called a
+_metaphor_.
+
+
+                               ==========
+
+
+                              CHAPTER III.
+
+A _metaphor_ is when the like is signified by the like: as (1 Cor. iii.
+13) the Apostle saith, _doctrine must be tried by fire_; that is, the
+evidence of the word, spirit, _trying doctrine_, as fire doth metals. So
+Christ is said to _baptize with fire_; where _fire_ is put for the power
+of the Holy Ghost, purging as fire. So Christ saith, _none shall enter
+into the kingdom of God but he that is born of the Holy Ghost and
+water_. So Paul calleth himself the _father_ of the Corinthians, and
+said, _that he begat them in Christ_. So he calleth Timothy and Titus
+his natural _sons in the faith_.
+
+Hitherto of a trope or garnishing of speech in one word, where the
+metaphor is most usual; then the change of name; then the _synechdoche_;
+and last of all, the _irony_. Now followeth the fine frame or shape of
+speech, called a figure.
+
+A figure is a garnishing of speech wherein the course of the same is
+changed, from the more simple and plain manner of speaking unto that
+which is more full of excellency and grace. For as in the fineness of
+words, or a trope, words are considered asunder by themselves; so in the
+fine shape or frame of speech, or a figure, the apt and pleasant joining
+together of many words is noted.
+
+The garnishing of the shape of speech, or a figure, is garnishing of
+speech in words, or in a sentence.
+
+The garnishing of speech in words, called _figura dictionis_, is wherein
+the speech is garnished by the pleasant and sweet sound of words joined
+together.
+
+This is either in the _measure_ of sounds; or in the _repetition_ of
+sounds.
+
+The _measure_ of sounds is belonging either to poets, with us called
+rhymers; or orators, with us called eloquent pleaders.
+
+The first is the measure of sounds by certain and continual spaces; and
+it is either rhyme or verse.
+
+Rhyme is the first sort, containing a certain measure of syllables
+ending alike; and these in the mother tongues are most fit for psalms,
+songs, or sonnets.
+
+Verses are the second sort, containing certain feet fitly placed.
+
+A foot is a measure framed by the length and shortness of syllables; for
+the several sorts whereof, as also of the verses of them, because we
+have no worthy examples in our English tongue, we judge the large
+handling of them should be more curious than necessary.
+
+The measure of sounds belonging to orators, is that which, as it is not
+uncertain, so it differeth altogether from rhyme and verse, and is very
+changeable with itself. Therefore in that eloquent speech you must
+altogether leave rhyme and verse, unless you allege it for authority and
+pleasure.
+
+In the beginning of the sentence little care is to be had, in the middle
+least of all, and in the end chiefest regard is to be had; because the
+fall of the sentence is most marked, and therefore lest it fall out to
+be harsh and unpleasant both to the mind and ear, there must be most
+variety and change.
+
+Now this change must not be above six syllables from the end, and that
+must be set down in feet of two syllables.
+
+And thus much of garnishing of speech by the _measure_ of sounds, rather
+to give some taste of the same to the readers, than to draw any to the
+curious and unnecessary practice of it.
+
+Now followeth the _repeating_ of sounds.
+
+
+                               ==========
+
+
+                              CHAPTER IV.
+
+_Repetition_ of sounds is either of the _like_, or the _unlike_ sound.
+
+Of the _like_, is either _continued_ to the end of, or _broken_ off
+from, the _same_, or a _diverse_ sentence.
+
+_Continued_ to the end of the _same_ sentence is, when the same sound is
+repeated without anything coming between, except a parenthesis; that is,
+something put in, without the which, notwithstanding, the sentence is
+full. And it is a joining of the same sound, as Rom. i. 29: _All
+unrighteousness, fornication, wickedness_. And in the prayer of Christ,
+_My God, my God_. _From men by thine hand, O Lord, from men_, &c. (Psalm
+xvii. 14.)
+
+_Continued_ in a _diverse_ sentence is, either a redoubling, called
+_anadyplosis_; or a pleasant climbing, called _climax_.
+
+Redoubling is when the same sound is repeated in the end of the former
+sentence, and the beginning of the sentence following. As Psalm ix. 9:
+_The Lord also will be a refuge to the poor, a refuge, I say, in due
+time_. Psalm xlviii. 14: _For this God is our God_. But more plain in
+Psalm xlviii. 8: _As we have heard, so have we seen in the city of our
+God: God will establish it for ever_.
+
+A pleasant climbing, is a redoubling continued by divers degrees or
+steps of the same sounds; as Rom. viii. 17: _If we be children, we be
+heirs, even heirs of God, annexed with Christ_. Rom. viii. 30: _Whom he
+predestinated, them also he called; and whom he called, them also he
+justified; and whom he justified, them also he glorified_. Also Rom. ix.
+14, 15.
+
+And hitherto of the same sound _continued to the end_. Now followeth the
+same sound _broken off_.
+
+
+                               ==========
+
+
+                               CHAPTER V.
+
+The same sound _broken off_, is a repetition of the same in the
+_beginning_ or in the _end_.
+
+In the _beginning_, it is called _anaphora_, a bringing of the same
+again; as Rom. viii. 38, 39: _Nor death, nor life, nor angels, &c. nor
+any other creature, shall be able to separate us, &c._ So likewise
+Ephes. iv. 11: _Some to be apostles, some preachers, &c._ So Galatians
+ii. 14: _Nor Jew, Gentile, &c._ So likewise Hebrews xi. 1, 2.
+
+Repetition of the same sound _in the end_, is called _epistrophe_, a
+turning to the same sound in the end. So Ezekiel viii. 15: _Behold
+greater abominations than these_. Lament. iii. 41, &c.: _Let us lift up
+our hearts with our hands unto God in the heavens; we have sinned and
+have rebelled; therefore thou hast not spared_.
+
+When both of these are joined together, it is called a coupling or
+symplote. As 2 Cor. vi. 4-11: _But in all things we approve ourselves as
+the ministers of God, in much patience, in afflictions, &c._ See also 2
+Cor. xi. 23.
+
+Hitherto of the repetitions in the _same place_. Now of those that do
+interchange their place.
+
+They are either _epanalepsis_, which signifieth to take back; or
+_epanados_, which signifies the turning to the same tune.
+
+The first is when the same sound is repeated in the beginning and the
+ending; as, 2 Sam. xviii. 33: _My son Absolom, my son_.
+
+_Epanados_ is when the same sound is repeated in the beginning and the
+middle, in the middle and the end. Ezekiel xxxv, 6: _I will prepare thee
+unto blood, and blood shall pursue thee: except thou hate blood, even
+blood shall pursue thee_. And 2 Thes. ii. 4: _So that he that doth sit
+as God, in the temple of God, sheweth himself that he is God_.
+
+Hitherto of the repetition of those sounds which are _like_. Now of
+those that are _unlike_.
+
+
+                               ==========
+
+
+                              CHAPTER VI.
+
+_Unlike_; a small changing of the name, as παρονομασια; a small changing
+of the end or case, as πολυπτωτον.
+
+A small change of name is, when a word, by the change of one letter or
+syllable, the signification also is changed; as, Rom. v. 4: _Patience,
+experience; and experience, hope_. 2 Cor. x. 3: _We walk after the
+flesh, not war in the flesh_. 2 Cor. vi. 8-9: _So by honour and
+dishonour, as unknown and yet known_.
+
+A small changing of the end or case, is when words of the same beginning
+rebound by divers ends: _Christ being raised from the dead, dieth no
+more, death hath no more power over him. He that doth righteousness, is
+righteous. If ye know that he is righteous, know ye that he that doeth
+righteously, is born of him._ And of both these there are many in the
+Scripture; but the translations cannot reach them.
+
+Hitherto of the garnishing of the shape of speech, in _words_. Now
+followeth the garnishing of the shape of speech, in a _sentence_.
+
+
+                               ==========
+
+
+                              CHAPTER VII.
+
+Garnishing of the frame of speech in a _sentence_, is a garnishing of
+the shape of speech, or a figure; which for the forcible moving of
+affections, doth after a sort beautify the sense and very meaning of a
+sentence. Because it hath in it a certain manly majesty, which far
+surpasseth the soft delicacy or dainties of the former figures.
+
+It is either the garnishing of speech _alone_, or _with others_.
+
+The garnishing of speech _alone_, is when as the sentence is garnished
+without speech had to other. And it is either in regard of the _matter_;
+or of the _person_.
+
+In regard of the _matter_; it is either a crying out, called
+_exclamation_; or a pulling or calling back of himself, called
+_revocation_.
+
+A crying out, or _exclamation_, is the first, which is set forth by a
+word of calling out. Sometimes of wonder, as, Rom. xi. 33: _O the depth
+of the judgments of God!_ Psal. viii. 1: _O Lord, how excellent is thy
+name!_ Sometimes of pity; also these words, _Behold_, _Alas_, _Oh_, be
+signs of this figure, as, _O Jerusalem, Jerusalem, which stonest the
+prophets_. Sometimes of desperation; as, _My sin is greater than can be
+forgiven. Behold, thou drivest me out, &c._ Sometimes of wishing: as,
+Psalm lxxxiv. 1: _O Lord of hosts, how amiable are thy tabernacles!_
+Sometimes of disdaining: as, Rom. vii. 24: _O miserable wretch that I
+am, who shall deliver me from this body of sin!_ Sometimes of mocking:
+as they which said to our Saviour Christ, _Ah, thou that, &c._ Sometimes
+of cursing and detestation; as in David, _Let their table be made a
+snare, and bow down their back always_.
+
+Also when this figure is used in the end of a sentence, it is called a
+shooting out of the voice or επιφωνημα; as when the sins of Jezebel were
+spoken against, this is added at the end, _Seemed it a little to her to
+do thus and thus_.
+
+So after the high setting forth of the name of God, David shutteth up
+his praise with this: _Blessed be his glorious name, and let all the
+earth be filled with his glory_. Sometimes here is used a certain
+liberty of speech, wherein is a kind of secret crying out: as Peter
+(Acts iii. 12,) saith: _Ye men of Israel, hear these words_. And Paul,
+(2 Cor. xi. 1): _Would to God you could suffer a little my foolishness,
+and indeed ye suffer me_.
+
+Thus much of crying out. Now followeth the figure of calling back, or
+_revocation_.
+
+_Revocation_ is when any thing is called back; and it is as it were a
+cooling and quenching of the heat of the exclamation that went before.
+
+And this is either a _correction_ of one’s self, called επανορθωσις; or
+a _holding_ of one’s _peace_, called αποσιωπησις.
+
+Επανορθωσις is correction, when something is called back that went
+before: as Paul correcteth his doubtfulness of Agrippa’s belief, when he
+saith, _Believest thou, King Agrippa? I know thou believest._ So, 1 Cor.
+xv. 10: _I laboured more abundantly than they all, yet not I_, &c.
+
+A _keeping of silence_, or αποσιωπησις, is when the course of the
+sentence bygone is so stayed, as thereby some part of the sentence, not
+being uttered, may be understood. So our Saviour Christ (John xii. 27)
+saith, _My soul is heavy: what shall I say?_
+
+Thus much of a figure garnishing the speech alone, in regard of the
+_matter_. Now followeth the garnishing of the speech alone, in regard of
+the _person_.
+
+
+                               ==========
+
+
+                             CHAPTER VIII.
+
+Garnishing of the speech alone in regard of the _person_, is double:
+either in turning to the person called _apostrophe_; or feigning of the
+person, called _prosopopœia_.
+
+_Apostrophe_, or turning to the person, is when the speech is turned to
+another person than the speech appointed did intend or require. And this
+_apostrophe_ or turning is diversely seen, according to the diversity of
+persons. Sometimes it turneth to a man’s person; as David in the sixth
+Psalm, where having gathered arguments of his safety, turneth hastily to
+the wicked, saying, _Away from me, all ye workers of iniquity; for the
+Lord hath heard the voice of my petition_.
+
+Sometimes from a man to God, as Psalm iii. 3. David being dismayed with
+the number of his enemies, turneth himself to God, saying: _But thou art
+my buckler_, &c.
+
+Sometimes to unreasonable creatures without sense; as Isaiah i. and
+Isaiah xxi.
+
+_Prosopopœia_, or a feigning of the person, is whereby we do feign
+another person speaking in our speech. And it is double; _imperfect_ and
+_perfect_.
+
+_Imperfect_ is when the speech of another person is set down lightly and
+indirectly. As in Psalm. xi. 1. David bringeth in the wicked, _Who say
+unto my soul, fly as the bird unto yonder hill_.
+
+A perfect _prosopopœia_, is when the whole feigning of the person is set
+down in our speech, with a fit entering into the same, and a leaving it
+off. So Wisdom, (Prov. viii.); where the entrance is in the first
+verses, her speech in the rest of the chapter.
+
+Hitherto of the figures of sentences concerning one speaking alone. Now
+follow the other, which concern the speeches of two.
+
+
+                               ==========
+
+
+                              CHAPTER IX.
+
+They which concern the speeches of two, are either in _asking_, or in
+_answering_.
+
+That of _asking_, is either in _deliberation_; or in _preventing an
+objection_.
+
+_Deliberation_ is when we do every now and then ask, as it were, reasons
+of our consultation, whereby the mind of the hearers wavering in doubt,
+doth set down some great thing.
+
+This deliberation is either in _doubting_, or in _communication_.
+
+A _doubting_ is a deliberating with ourselves, as Paul (1 Philipp. i.
+23, 24), doubting whether it were better to die than to live, he
+garnisheth his speech in this manner: _For I am greatly in doubt on both
+sides, desiring to be loosed, and to be with Christ, which is best of
+all: nevertheless, to abide in the flesh is more needful for you_.
+
+_Communication_ is a deliberation with others. As, Galatians iii. 1, 2:
+_O foolish Galatians, who hath bewitched you, &c._
+
+And hitherto of the figure of speech between two, called _deliberation_.
+
+Now followeth the figure of speech between two, called the _preventing
+of an objection_, or _occupation_.
+
+_Occupation_ is, when we do bring an objection, and yield an answer unto
+it. Therefore this speech between two, in the first part, is called the
+setting down of the objection or occupation: in the latter part, an
+answering of the objection or the subjection: as Rom. vi. 1: _What shall
+we say then? Shall we continue still in sin, that grace may abound?_ In
+which words is set down the objection: the answering in these words,
+_God forbid_. And here this must be marked, that the objection is many
+times wanting, which must be wisely supplied by considering the occasion
+and answer of it: as 1 Tim. v. 11, 12: _They will marry, having
+condemnation_. Now lest any might say, what, _for marrying?_ He
+answereth: _No, for denying their first faith_.
+
+Hitherto of the figures of _asking_. Now followeth the figures of
+_answering_. They are either in _suffering_ of a deed, called
+_permission_; or, _granting_ of an argument, called _concession_.
+
+_Suffering_ of a deed or permission is, when mockingly we give liberty
+to any deed, being never so filthy; as Rev. xxii. 11: _Let him that is
+filthy, be filthy still_. And 1 Cor. xiv. 38: _If any be ignorant, let
+him be ignorant_.
+
+Concession or granting of an argument is, when an argument is mockingly
+yielded unto, as Ecclesiastes xi. 9: _Rejoice, O young man, in thy
+youth, and let thy heart cheer thee, &c._
+
+
+
+
+                         THE ART OF SOPHISTRY.
+
+
+                               ==========
+
+
+Although the rules of Sophistry be needless for them that be perfect in
+    logic; yet because the knowledge of them bringeth some profit to the
+    young beginners, both for the ready answering of the subtle
+    arguments, and the better practising of logic and rhetoric, we have
+    thought good to turn it into the English tongue.
+
+_Sophistry_ is the feigned art of _elenches_, or coloured reasons.
+
+A coloured reason, or _elench_, is a show of reason to deceive withal.
+It is either when the deceit lieth in the _words_; or in the default of
+logic, called a _sophism_.
+
+In _words_, is either when the deceit lieth in _one word_; or in _words
+joined together_. _If it were, it should be, whosoever._
+
+In _one word_, is either the _darkness_ of a word; or, the
+_doubtfulness_ of a word.
+
+The _darkness_ of a word, or an insolence, deceiveth, when by a reason
+the meaning is not understood, whether the strangeness be through the
+oldness, newness, or swelling vanity of the words; and of the last sort
+is that spoken of in 2 Peter ii. 18.
+
+By this fallacy the Papists conclude, the Fathers to be on their side
+for deserving by good works.
+
+_Whosoever saith man’s merits are crowned, they say man’s works do
+deserve._
+
+_But the Fathers say, man’s merits are crowned._
+
+_Therefore the Fathers say, man’s works do deserve._
+
+Where _merits_ is an old word, put for any works done under the hope of
+reward, whether it come by desert or freedom of promise.
+
+_Doubtfulness_ of a word, _likeness_ of name, is either called
+_homonymia_; or by a trope or fineness of speech.
+
+The _likeness_ of name, or _homonymia_, is when one word is given to
+signify divers things: as,
+
+_He that believeth shall be saved._
+
+_The hypocrites to whom our Saviour Christ would not commit himself,
+believed,_
+
+_Therefore they shall be saved._
+
+Where faith doth note out both a justifying faith, and a dead faith.
+
+Doubtfulness by a trope, is when a word is taken properly, which is
+meant figuratively or contrarily: As, _That which Christ saith is true_.
+
+                 _Christ saith that bread is his body._
+                 _Therefore it is true._
+
+Where by _body_ is meant the sign or sacrament of his body.
+
+Unto the first, a perfect logician would answer, that the proposition is
+not an axiom necessarily true, according to the rule of truth, because
+of the doubtfulness of the old and new signification of _merit_. And if
+the word be far worn out of use, that it be not understood, then the
+answer must be, I understand it not, or put your axiom in plain words.
+
+To the second he would answer, that the proposition or first part is not
+according to the rule of righteousness, because the proper subject and
+adjunct are not joined together: which _hath justifying faith, or
+believing sincerely, shall be saved_; and then the assumption being in
+the same sense inferred is false.
+
+Unto the third he would answer, that the assumption is not necessarily
+true; because if the word _body_ be taken properly, it is not then true
+that is set down; but if it be taken figuratively, it is true, and
+therefore would bid him make the assumption necessarily true, and then
+say, Christ saith in proper words, _it is my body_; and then it is
+false.
+
+Hitherto of the fallacies in single words. Now of those that are joined
+together.
+
+It is either _amphibolia_, or the doubtfulness of speech: or
+_exposition_, or unapt setting down of the reason.
+
+The first is, when there is doubtfulness in the frame of speech; as
+thus, _if any obey not our word by a letter, note him_: where some refer
+_by a letter_, to the first part of the sentence, and some to the
+latter; where the signification of the word and right pointing doth show
+that it must be referred to the first.
+
+The answer is, that the right and wise placing of the sentence is
+perverted.
+
+Unapt setting down of the reason, is when the parts of the question and
+the reasons entreated, are not set down in fit words: as,
+
+_All sin is evil._
+
+_Every child of God doth sin._
+
+_Therefore every child of God is evil._
+
+Here the answer according to logic, is that the assumption doth not take
+the argument out of the proposition, but putteth in another thing; and
+so it is no right frame of concluding, as appeareth by the definition of
+the assumption.
+
+Hitherto of the deceits of reason, which lie in _words_. Now of the
+default of logic, called _sophism_.
+
+It is either _general_ or _special_. The _general_ are those which
+cannot be referred to any _part of logic_. They are either begging of
+the question, called the petition of the principle; or bragging of no
+proof.
+
+Begging of the question, is when nothing is brought to prove but the
+question, or that which is doubtful: as,
+
+_That righteousness, which is both by faith and works, doth justify._
+
+_But this righteousness, is inherent righteousness_: Ergo.
+
+Here the proposition in effect is nothing but a question.
+
+_If together with the blood of Christ, we must make perfect satisfaction
+for our sins before we come to heaven; then there must be purgatory for
+them that die without perfection._
+
+_But the first is so_: Ergo.
+
+Where the argument they bring is as doubtful, and needeth as much proof,
+as the question.
+
+The answer is this, out of the definition of the syllogism; that there
+is no new argument invented; therefore it cannot be a certain frame of
+concluding.
+
+Bragging of no proof, is when that which is brought is too much, called
+_redounding_.
+
+It is either impertinent to another matter, called _heterogenium_; or a
+vain repetition, called _tautologia_.
+
+Impertinent, or not to the purpose, is when anything is brought for a
+proof, which is nothing near to the matter in hand; whereunto the common
+proverb giveth answer, _I ask you of cheese, you answer me of chalk_.
+
+A vain repetition, is when the same thing in effect, though not in
+words, is repeated; as they that after a long time of prayer say, _Let
+us pray_. And this fallacy our Saviour Christ (Matt. vi. 5) condemneth
+in prayer. And this is a fault in method.
+
+_Special_ are those, which may be referred to certain parts of logic,
+and they are of two sorts. Such as are referred to the spring of
+reasons, called _invention_; or to judgment.
+
+Those referred to invention, are when anything is put for a reason,
+which is not; as no cause for a cause, no effect for an effect; and so
+of the rest.
+
+In the distribution this is a proper fallacy, when anything simply or
+generally granted, thereby is inferred a certain respect or special not
+meant nor intended: as,
+
+_He that saith there are not seven sacraments, saith true._
+
+_He that saith there are only three, saith there are not seven._
+
+_Therefore he that saith there are three, saith true._
+
+The right answer is, that the proposition is not necessarily true; for
+there may be a way to say there are not seven, and yet affirm an
+untruth.
+
+Fallacies of judgment, are those that are referred to the judgment of
+one sentence, or of more.
+
+Of one sentence, either to the proprieties of an axiom, or to the sorts.
+
+To the proprieties, as when a true is put for a false, and contrarily:
+an affirmative for a negative, and contrarily. So some take the words of
+St. John, _I do not say concerning it, that you shall not pray_, for no
+denial; when as it doth deny to pray for that sin.
+
+To the sorts, are referred either to the simple or compound.
+
+The first, when the general is taken for the special, and contrarily. So
+the Papists, by this fallacy, do answer to that general saying of Paul;
+_We are justified with faith without the works of the law_: which they
+understand of works done before faith, when that was never called in
+doubt.
+
+The fallacies which are referred to a compound axiom, are those which
+are referred either to a _disjoined_, or _knitting_ axiom. To a
+_disjoined_ axiom, when the parts indeed are not _disjoined_: as,
+_Solomon was either a king, or did bear rule_.
+
+To a _knitting_ axiom, is when the parts are not necessarily knit
+together; as, _If Rome be on fire, the Pope’s chair is burnt_.
+
+And hitherto of the first sort of fallacies referred to judgment. Now
+followeth the second.
+
+And they be either those that are referred to a _syllogism_; or to
+_method_. And they again are _general_, and _special_. _General_, which
+are referred to the general properties of a syllogism. It is either when
+all the parts are _denied_; or are _particular_. All parts denied: as,
+
+_No pope is a devil._
+
+_No man is a devil._
+
+_Therefore no man is a pope._
+
+And this must be answered, that it is not according to the definition of
+a negative syllogism, which must always have one affirmative.
+
+All particular: as, _some unlawful thing must be suffered; as, namely,
+that which cannot be taken away_,
+
+_The stews is some unlawful thing._
+
+_Therefore the stews must be suffered._
+
+This is answered, by the definition of a special syllogism; which is,
+that hath one part general.
+
+The _special_, are those which are simple or compound.
+
+The _simple_ is of two sorts. The first is more plain. The second less
+plain.
+
+More plain, is when the assumption is denied, or the question is not
+particular: as,
+
+_Every apostle may preach abroad_:
+
+_Some apostle is not a pope_,
+
+_Therefore some pope may not preach abroad_.
+
+Also, _every pope is a lord_:
+
+_Some pope may give an universal license._
+
+_Therefore every lord may give an universal license_.
+
+Less plain, hath one fallacy in common, when the proposition is special:
+as,
+
+_Some player is a rogue_:
+
+_Every vagabond is a rogue_,
+
+_Therefore every player is a vagabond_.
+
+Also, _some player is a rogue_:
+
+_Every vagabond is a player_,
+
+_Therefore every player is a rogue_.
+
+The fallacy of the first kind, is when all the parts be affirmative: as,
+
+_All Paul’s bishops were ordained for unity._
+
+_All archbishops be ordained for unity._
+
+_Therefore all archbishops are Paul’s bishops._
+
+The fallacy of the second kind is when the assumption is denied: as,
+
+_Every puritan is a Christian._
+
+_No Lord Bishop is a puritan_,
+
+_Therefore no Lord Bishop is a Christian_.
+
+Hitherto of the fallacies referred to a _simple_ syllogism. Now follow
+those which are referred to a _compound_; which are those which are
+referred either to the _connexive_, or to the _disjoined_.
+
+Of the first sort, one is when the first part or antecedent is denied,
+that the second or consequent may be so likewise: as,
+
+_If any man have two benefices, he may escape unpunished at the bishop’s
+hands._
+
+_But he may not have two benefices_,
+
+_Therefore he may not escape unpunished at the bishop’s hands_.
+
+The second part is affirmed, that the first may be so also: as,
+
+_If every ignorant minister were put out of the church, and a preacher
+in his place, we should have good order_,
+
+_But we have good order_.
+
+_Therefore every ignorant minister is put out of the church, and a
+preacher in his place._
+
+Of those referred to the disjoined, the first is when all the parts of
+the disjunction or proposition are not affirmed: as,
+
+_Every ignorant minister is to be allowed, or not._
+
+_But he is not._
+
+_Therefore he is._
+
+The second kind, is when the second part of the copulative negative
+axiom is denied, that the first may be so: as,
+
+_A non-resident is either a faithful, or unfaithful minister._
+
+_But he is unfaithful. Ergo, &c._
+
+And thus much of the fallacies in a syllogism.
+
+The fallacy in method is when, to deceive withal, the end is set in the
+beginning, the special before the general; good order be gone,
+confounded; and finally when darkness, length, and hardness, is laboured
+after.
+
+                            END OF VOL. VI.
+
+------------------------------------------------------------------------
+
+                           Transcriber’s Note
+
+In the Table of Contents, the third section of this volume is entitled
+“The Whole Art of Rhetoric”. This title also serves as page header at p.
+#421. However, at p. 419, the title page contains “The Art of Rhetoric”
+(also the title of the following fourth section). To avoid confusion,
+the word “WHOLE” has been added to p. 419.
+
+At 70.34 “_[2. ]That the design...”_ The number ‘2’ has no preceding
+‘1’.
+
+Errors deemed most likely to be the printer’s have been corrected, and
+are noted here. The references are to the page and line in the original.
+
+  22.18    of the spiritual law[.]                        Added.
+  40.15    which he wi[./l]l,                             Replaced.
+  41.9     as in the Court of Common Pleas[.]             Added.
+  60.20    there was a ne[e/c]essity                      Replaced.
+  108.5    was this here[it/ti]c Legat burnt?             Transposed.
+  175.23   It seems therefo[ re,/re, ]if                  Shifted.
+  240.26   St[r]ange injustice!                           Inserted.
+  270.1    frustrate h[sa/is a]ttempts                    Replaced.
+  276.28   _[B./A.]_ But philosophy                       Replaced.
+  293.7    _quas vulgus eleger[e/i]t_                     Replaced.
+  321.4    most benefica[i]l to the commonwealth          Inserted.
+  388.33   there was no Parli[r/a]ment                    Replaced.
+  419.1    THE [WHOLE ]ART OF RHETORIC.                   Added.
+  423.9    to _accuse_ and _ex[s/c]use_                   Replaced.
+
+*** END OF THE PROJECT GUTENBERG EBOOK 77338 ***