Rights of the Kingdom, Text (2 of 4)

Rights of the Kingdom · Text (2 of 4)

p. 83Nay, as if K. Iohn's Salva persona, N. & Reginae N. & Liberorum N. had been too loose; in K. Henry's Charter it was expressed thus, Licet Omnibus de Regno N. contra Nos insurgere; Nay, and to do all things, quae gravamen nostrum respiciant, ac si nobis in Nullo tenerentur.

These times seem not to attend our Grand Maxim of State, The King can do no wrong; or at least they understood it not, as some late Courtiers would perswade us: Yet it is true, he can do nothing but by Law; and what he may by Law, can do no wrong: And if he do against the Law, his Personal Acts, Commands, or Writing, do oblige no more than if they were a Childs: And the Books call him an Infant in Law (though his Politick Capacity be not in Nonage; as the Parliament declared in Edward the Sixth;) which is not to exempt him from Errors, or to excuse his Crimes; but to shew that he must be guided by his Council; p. 84and that his own Personal Grants or Commands cannot hurt any more than an Infants; which may be reclaimed and recalled by the Council of the Kingdom. So the Mirror saith, The King cannot grant a Franchise to prejudice his Crown or others; because he holds his Right and Dignities but as an Infant, Cap. 4. Sect. 22.

If I should say, The Commons in Parliament are and were the Kingdoms Peers; as well as the Lords, I might vouch an Old Authority, as good as the Ancient Modus of Parliament, which doth often call the Commons, Peers of Parliament, as well as the Lords.

So, debent Auxilia Peti pleno Parliamento, & in scripto cuilibet graduum Parium Parliamenti; & oportet quod omnes Pares Parliamenti consentiant; & duo milites pro Comitatu majorem vocem habent in Concedendo, & contradicendo, quam Major Comes Angliae, &c.

So in doubtful Cases of Peace and War, disputetur per Pares Parliamenti: and if need be, Twenty five shall be chosen de omnibus paribus Regni; which are so specified, Two Bishops, Three Proctors, Two Earls, Three Barons, Five Knights, Five Citizens, and Five Burgesses. And p. 85again, Omnes Pares Parliamenti sedebunt, & nullus stabit, sed quando loquitur, ut omnes audiantur à Paribus. And again, Nullus solus potest nec debet recedere à Parliamento sine Licentia Regis, & omnium Parium Parliamenti, & hoc in pleno Parliamento; Ità quod inde fiat mentio in Rotulis Parliamenti.

It may be possible, That Bracton and Fleta with others, may use the Phrase Pares, in such a sence; when they say, That the King or his Commissioners should not judge and determine of Treason, but Pares. Which may be added to the 25th of Edw. 3. reserving Treason to Parliament, where of Old, it seemeth only determinable; so that The Mirror would not have it Endicted, but by Accusation and in full Parliament, as in King Edmund's Time, &c. Cap. 2. Sect. 11. and in Edw. the 3d it was enacted, That Offences of Peers, and great Officers, and those who sued against the Laws, should be tryed in Parliament.

And although now the Phrase be given to all the Lords of Parliament, yet it was most or only proper to the Earls, whom by Law and custom the King styleth Consanguineos, and he might style them his Peers or Companions, as in Latine Comites.

So Bracton, Comites dicuntur quasi Socii Regis, p. 86& qui habet Socium, habet Magistrum; and in another place, A Societate Reges, enim tales sibi Associant ad consulendum & regendum Populum Dei; and the like is in Fleta, Comites à Comitiva dicuntur, qui cum viderint Regem sine Freno, Frenum sibi apponere tenentur, &c. which is also in Bracton.

The Mirror is yet clearer, although the King had no Equals, yet because himself or his Commissars might not be Judge, it was provided by Law that he should have Companions to hear and determine all his Torts, &c, Aux Parliaments, and those Companions were called Countees, (Earls) from the Latine Comites.

So also Sarisberiensis (cited before) in Hen. 2. Comites à Societatis participatione dici quisquis ignorat ignarus est literarum, &c. some will have them, Comites & Socii in Fisca, because of old, some Earls had a third part of profits accrewing by Pleas and Forfeitures in their Counties, as the Laws of the Confessor, and Mr. Selden in his Comes; but he will also grant their name à Comitiva potestate, rather than from such Communion of profits.

That the old Sheriffs also, who were Vice-Comites, did come to Parliament, appeareth in the Ancient Writs and Histories; and yet the p. 87Barons seem to be the Kingdoms Iudges, and the present Earls may seem to sit in Parliament but onelyonly as Barons, who are now all Peers and Lords and Parliament.

But although the Lords were the great Iudges of the Kingdom, and of all Members thereof, yet it is well known, that in full Parliament, as old as Edw. 3. they did not only acknowledge, but protest that they were not to Iudge the Commons in Cases of Treason and Felony, being not their Peers.

How it was in Rich. the Second, may be seen at large in the Rolls and Records now printed: in Edward the Second the Commons proceeded by the Judgment of the Lords, for which also the Fructus temporum cited before, may be added to all in the Road.

Appeals and Writs of Error were from the King to the Lords, in Ecclesiasticals that touched the King, they were to the Spiritual Prelates, Abbots and Priors of the Upper House, by Act of Parliament in 24 Hen. 8. till which it may be Temporal Lords had also Cognizance of such as well as Temporals.

And Writs of Error in the Parliament were Judged by the Lords, for they came from the Kings Court, his Bench or his Exchequer; and p. 88if Errors had been in the Common Pleas or below it, they should not be brought into Parliament, but to the Kings-Bench, and from the Kings-Bench, as from the King (not otherwise) they came to the Lords; and although there was a formal Petition for removing the Record from the King ▪ it was but of Course, and the King could not deny it.

Which we found granted by all the old Lawyers and Historians, (as I shewed before) and by the grand Master and Patron of Law, King Edw. 1. in Britton, because none may Judge in his own Cause, Therefore in Causes where our self shall be Party, we do consent, que N. Court soit judg Sicome Counts & Barons in Temps de Parliament.

In the Laws of Hen. 1. one of the Chapters beginneth thus, Iudices sunt Barones Comitatus, qui liberas in eis terras habent; for in those times Barons were by Tenure only, not by Patent, (that I know) till Beauchamp of Holt in Rich. 2. nor by Writ (that I can find) till the Barons Wars, but K. Johns Charter, is to Summon Comites & Barones Regni majores sigillatim per literas N. But all that hold in Capitae, by general Summons forty days before the Parliament, and that Negotium procedat ad diem assignatum, secundum consilium p. 89eorum qui presentes fuerint, quamvis non omnes submoniti venerint; and the Summons of Delinquents or Suitors in Parliament, was to appear and abide the Judgment of the Court, not of the King, but of his Court, for the King is Father and not Judge of his People, in his proper Person, as was shewed before; and all the Books agree that he must Commit his Jurisdiction unto Judges in the Courts of Justice, and when he might assume great Offices into his own Hands, by Parliament in Edw. the third, all Judges were expresly excepted, and the Judges Oaths, and several Acts of Parliament require them to proceed according to the Law, notwithstanding the Kings Command or Seal against it, and the Register affordeth a Writ to Supersede or Revoke any such Seal from the King himself to any of the Judges.

And the Lord Chief Justices, as the Lord Chancellor and Treasurer were Chosen by the Kingdom, as we found before in the time of Hen. 3. how much more then should the Lords of Parliament be made by Parliament? for else they be the Kings Commissioners.

So the Roman saith, our German Fathers chose their Lords in Common Council, to be Judges, p. 90in iisdem Conciliis Eliguntur & Principes qui Jura reddunt. De Minoribus consultant Principes, de Majoribus Omnes. And Caesar also observeth, that their Princes (or Lords) were their great Judges; sed Principes Regionem atque Pagorum inter suos jus dicunt, Controversiasque minuunt.

Yet Tacitus will also tell us, that with those Princes they did joyn Commons; Centeni ex Plebe Comites; which were (perhaps) the Fathers of our County Hundreds.

And in K. Williams Edition of the Confessor's Laws, when he inclined so much to them of Norwey; Universi Compatriotae Regni, qui Leges Edixerant, came and besought him not to change their Old Laws and Customs of their Ancestors, because they could not judge from Laws they understood not; quia durum valde foret sibi suscipere Leges ignotas; & Judicare de eis quas Nesciebant.

How it was in Parliament, while there were only Barons by Tenure, would be more enquired. But of later times, Commons have adjudged Commons, and have joyned with the Lords in adjudging Lords; of which there are divers Cases cited, in the Fourth Part of Institutes, Cap. 1. pag. 23.

p. 91It may be considered, that many Kingdoms, and Common-wealths (that were not Kingdoms) in all Ages did consist of Three Estates; (as of Three Principles in Nature, or Bodies Natural;) which might occasion the Phrase of Tribe, in many other besides the Romans: who in Three Estates, were not so Ancient as the Grecians or Aegyptians; that I speak not of the Gauls, Britans, or the Eastern Nations.

And if any would observe, it might be possible to find the Prophets hinting a Trinity in divers Kingdoms or Estates; and that not only for moulding, but for overthrowing them: Besides the Three Captivities, or Three overturnings of the Iewish State; and the Three blows of the Goat on the Ram in Daniel; as alluding to the Three great Battles which did break the Persian Empire.

And why may not the Sacred Trinity be shadowed out in Bodies Politick, as well as in Natural? And if so, our Three Estates may be branched as our Writs, into Original, Iudicial and Executive; as shadows of the Being, Wisdom, and Activity Divine.

If I may not grant, yet I cannot deny Original Power to the Commons; Iudicial to the Lords, Executive to the King; as the Spirit to the Body, or if you will, the Head (or Fountain of Sense and Motion;) But he must see by two Eyes, and hear by two Ears; as I touched before, yet his very pardoning although it be by Law much limited,) doth seem to speak his p. 92Power Executive: And so his Writs do speak aright; Because my Courts have so, and so judged: Therefore I do so, and so, command the Judgment shall be executed. And if any will assert the Militia, to this Power Executive, I shall also grant it to the King; So that it may be alwayes under the Power Original and Judicial.

This might belong to the Lords, and that to the Commons. And the plain truth is, I do not find more Arguments to prove the Judicial Power to belong to the Lords, than I do for rhe Legislative in the Commons: And (as it seemeth to be above, so below also) it may be much disputed, That the Legislative, Judicial and Executive power, should be in distinct Subjects by the Law of Nature.

For if Law-makers be Judges of those that break their Laws, they seem to Judge in their own Causes: which our Law, and Nature it self so much avoideth and abhorreth. So it seemeth also to forbid both the Law-maker and Iudge to execute: And by express Act of Parliament, it is provided, That Sheriffs be not Justices, where they be Sheriffs. But if Execution be alwayes consonant to Judgment, and This to the Law; there is still most sweet Harmony, and as I may say, a Sacred Unity in Trinity represented.

That the Commons should have most Right to the Power Original, or Legislative in Nature; I shall leave to be disputed by others. I shall only touch some few Particulars, which have made me sometimes p. 93to suspect that by our Laws, and Model of this Kingdom, it both was and should be so.

How the Roman Historian found the Judicial power given to the Lords, by our Old Ancestors, I did observe before; he is as plain for the Legislative in the Commons: Nay, to the Lords themselves, he saith in Judging was adjoyned a Committee of Commons, both for Counsel and Authority: Ex plebe Comites, consilium simul & Authoritas.

And again he sheweth, how the Lords did sit in Council, about the less Affairs; but of greater, all both Lords and Commons: So also that those things which the Commons did determine, Quorum Arbitrium penes Plebem, apud Principes pertractentur; they should be debated with the Lords, for their Advice, but not their Legislative Votes.

And the Mirror (a good Comment on Tacitus, in this) sheweth how our Lords were raised out of the Commons; and giveth them a power Judicial, but where is their Ligislative? Nay, the Modus of Parliament will not only tell us, that the Commons have better and stronger Votes than the Lords; but that there may be a Parliament without the Lords, (as well as Prelates:) For, there was a time in which there was neither Bishop nor Earl, nec Baro, (so the Irish Modus;) and yet there were Parliaments without them; but never without the Commons. So that if the Commons be not summoned, or for Cause Reasonable, cannot, or will not come, for Specialties p. 94in which they blame the King; Parliamentum tenebitur pro Nullo, quamvis omnes Alii status plenarie ibidem interfuerint.

And the Kings Oath is to confirm the Just Laws which the Commons (not the Lords, but Commons) shall Elect or Choose; quas Vulgus Elegerit; So in Latine, and in French of Edw. 2. and Edw. 3. Les quiels la Communante aur' eslu: And in English, of Hen. 8. and other Times, which the Commons of the Realm shall choose.

And if we look into the Old Writs of Summons, we shall find the Commons called, ad consentiendum & faciendum; and the Old Writ addeth, quod quilibet & omnes de Comitatu, facerent vel faceret, Ii personaliter interessent: (As it is in the Modus of Parliament,) with sufficient intimation that without the Commons nothing could be done, which the late Writs express thus: Ita quod dicta Negotia Infecta non remaneant, pro defectu potestatis, &c. But the Lords are called, de quibusdam arduis tractaturi, & consilium Impensuri; only as Counsellors, not as Law-makers: For the very same words are in the Writs, for the Judges and others coming to Parliament, although they do not Vote in making Laws.

This may also shew us, how the Lords themselves did Elect the Knights of Shires, (and by Statute of Rich. 2. are to contribute to the charges of the County Knights) who were to sit and Vote in Parliament as Law-makers for the whole County: whereas the Lords were there but as Judges, and the Kings Counsellors. And is p. 95it probable they should retain to their own Persons that for which they delegated others? who were there to do, quod quilibet & omnes facerent personaliter, even all that all the Lords themselves should do as Freeholders, not as Lords or the Kings Patentees, who might so be his Councellors or Iudges rather than Law-makers; this was more left (it seems) to the Commons, who for this and other Reasons should not be Common Iudges (as I think) in private Causes or of private Persons, but of Iudges, or of such as the Mirror speaketh, of whom elsewhere there was no Common Justice to be had.

But if the Lords had not a Legislative Right, why did the Commons send up the Bills to them? how came the Lords to joyn with the Commons in Passing of Acts?

It cannot be expected that I should shew the Original of all Changes or Distempers in this Kingdom; It is work enough to shew our first Mould or Constitution: yet for this also it cannot be doubted, but the Barons Wars and Power might gain upon the Commons more than on the King; he had such Bounds before that he could hardly be obliged more, or capable of granting much, but what was due before to all his People: But it might be easie for the Potent Lords to grow upon the Commons in the Name of Barons.

In that Name I say, for I cannot determine but the old Barons (being the great Freeholders and the Lords of all the Manors that have left their Names in our Courts Baron,) had by Law and Reason much more Power than had the Kings Patentees, Created Barons by Patent or Writ.

But this new Creation did but multiply the Iudges or the Kings Councellors, for by so taking their Commission from the King, they were only as other Judges in Inferiour Courts, and so did really lose their great Power of Iudging, which was proper only to those who were the Kingdoms Peers and Iudges. So that these Lords did justly admit the Commons (or rather were admitted by the Commons) into the grand Iudicature; and it may be that as the Barons did communicate p. 96their Power Iudicial, so the Commons might communicate their Legislative unto those who had the Name, but little of the Nature of the old Barons by Tenure; yet by so doing they might bring Confusion or an harsh Discord into Natures Harmony.

But the main occasion seemed thus, the King was tyed by his Coronation Oath to hold, keep and defend the just Laws and Customs chosen by the Commons; Iustas Leges & consuetudines quas vulgus elegerit; and this Limitation (of Iust) seemed to admit of reason or debate, so much as might convince the Laws required to be Just, for else I know not that the King was ever tyed to them.

And because he was or might be an Infant, he had still a great Council about him to discuss the Laws proposed by the Commons; and for this Cause he did, and by reason might Summon the Lords, (or any other Wise and good Man he knew,) to come and give him Counsel, as the Writ speaketh to the Lords and Iudges, &c. De quibusdam arduis nobiscum tractaturi & Concilium impensuri; So we find the old Acts passed per Consilium Baronum, as we might shew in all Ages.

And because he used to demurr at Bills, till he had the Advice of his great Council; hence it may be (for more Compendium,) the Bill was sent up first to the Lords, as the Kings Counsellors, and if they Counselled him against it, then he answered, Le Roy s'avisera, The King will yet be farther Advised; for he did not, and I think he could not give a denyal, nor of old (perhaps) Demurred, till the Lords advised him against it.

I dispute not how much the Commons might oblige the Commons without assent of Lords or King; Nor have I yet said, that in the Coronation Oath the Commons Just Acts are called Laws, and to Mould them may be works distinct enough; and the plain truth is, his Oath is to hold, and to keep, and to defend the Commons Laws, (à Tenir & Gardir & Les Defenderer, per se tenendas & protegendas,) as well as to Grant or to Confirm.

p. 97However, I do not see, either by Reason or Law, That the King was so obliged to the Judgment of his own created Lords (and there be few or none others left in England) that he might not be convinced by the Reason of the Commons, either without or against the Lords.

And (beside divers Ordinances without any of the Lords,) it cannot be denyed, but in Divers ages, there were Acts of Parliament made without or against all the Lords Spiritual; which yet, often, were the Major part of the Lords House, and had as good, it may be better, Votes (as Barons by Tenure) than had all the other Lords, by Writ and Patent only: which might make them Judges or Councellors, much rather than Law-makers.

I should still be far from desiring to obtrude my own Fancies or Opinions upon any, least of all to the wrong of others: Therefore, if any can produce a better Title, my Petition is, they may be heard, and may receive their Just Rights and Priviledges. But if this be true, (which I now only propose, and submit to better Thoughts and Judgments,) then had the Lords of late but a Right Consultative of making Laws.

And besides all that was said before, this seemeth one Reason, why our Ancestors did so willingly follow the Vice of Nature, in placing the Power Legislative, Iudicial and Executive, in three distinct Estates, (as in Animals, Aerials, Etherials or Celestials, three Regions, and three Principles in Naturals,) that so they might be forced to consult often and much in all they did.

And if this frequent Consultation were retained, and observed still, it might not only occasion good Reviews, but also prevent That, which to the Common-wealth I fear (and not Alone to private Persons) may be sometimes prejudicial, in a sudden Vote or Act of one House, or one Body; and yet one may be better much than Many, if they be not good.

It must be granted, that in Bodies of the Best Complexion and Composure here below, there may be such Distemper, p. 98and such Gangrene in some Members, that it may be more than fit to cut it off. Nay, what was best, may come to be the worst in Putrefaction; That it may be meer Necessity to bury it, although it were as Dear as Sarah was to Abraham, or set on high by him that raised up the Brazen Serpent, which see e're long lye buryed with this Epitaph, Nehushtan.

And to all that is truly Just, the Commons of England will not need to plead a bare Necessity; for by Law and Reason too it may be said, and proved (I believe,) That both the King himself who chooseth by his Writ, and All the Lords, by several Votes, have left the Legislative power so to the House of Commons, that they had a Legal Right to do what all the Kingdom and Common-wealth of England Justly could.

But They are Men, and therefore may be much unjust; Nay, where the Thing they do is Iust, They may be much or most unjust. I have neither Calling nor Ability to Judge them: Nor may I act with force against them, for whate're I think Unjust: No, not if I should think they did Usurp the Crown.

For, if the Law Reports and Books deceive me not, it hath been Judged Treason, and so is; for Private Men to rise, conspire, or Levy War against one that Usurps the Crown and Rights thereof; except it rightly were declared Usurpation, or that others should or might oppose him that did so Usurp: Of which the Reasons may be Great and obvious.

Let me then suppose any one Man of all the Commons in Parliament, (for I will not suppose it possible for All the House) to Usurp the Royal Crown, with all its Dues; what should I, what may I doe, but mind my Calling, and attend the Judgment of the Highest Court, I know? That may command my Body, and my Judgment much (for ought I see) in things I know so little, as I do or can, the Due disposal of the Crown, or that Mighty Burthen, or that Royal Venom, as the Roman Emperor did call it.

p. 97I did, and still do, believe there may, and shall, be such a Monarchy ere long, t…ugh all the World; that I shall gladly bow, and stoop, and bear the Yoke: For, it is easy, and the Burthen light.

I hope and believe, or know that God will come, and appear, ere long, to dwell in the World: For, the Earth shall be full of his Glory, and his Kingdom shall come, and his Will be done, on Earth, as now in Heaven, So, we were taught to ask; and it therefore shall be fully answered.

I could desire him rather (if he pleased) in the still quiet Voice, then in the rushing Wind, or Fire, or Thunder-claps: Yet so, he came before, and shook the Earth: And so, it seems again; yet once again to shake both Heaven and Earth. Overturning, overturning, overturning, (for there also were three,) till he comes, whose Right it is; To whom, both Kings, and Lords, and all must bow, (or be bowed,) to submit, and cast down their Crowns, their Coronets, and all their Glory.

The Earth shall reel and fall, and rise no more. For, he will visit the Host of high ones, that p. 98are on high; and the Kings, of the Earth, upon the Earth, they shall be taken, and cast into Prison, shut up in the Pit, and shall be visited, or wanting. Nay, he will darken the Sun, and confound the Moon, and make the Stars to Blush; before he reigneth in Glory, among his Antients, in Jerusalem. His Tabernacle then, shall appear again, and rest among them: But BABYLON must first be pulled down.

We may deceive our selves, in chayning Babylon to any Town, or City, whatsoever: although one it may be, more especially. But Babel was the head of Nimrod's Kingdom; whence Tyranny did stream through all the World.

For, although the out-lets of Euphrates, be (long since) stopped, in the Fenns of Caldea: Yet, there is another rapid Torrent, Tygris, which from Babylon disperseth much Confusion, (troubled Waters,) into all the Seas about.

Nor may it wholly be unworthy of our Thoughts, how Babylon was alwaies the beginning, or the Head of Tyranny, through all this World. But fatal still, to most that did but touch it.

p. 99So to Nimrod, the great Bell of Babylon, and the Assyrians. Sardanapalus might effect an end, so like to Belus; who was burnt (some think) with Fire from Heaven. So, that a Statue, was made of him, who left no Relique: And from hence, began Idolatry. So to Nebuchadnezer, and the Babylonian Monarhcy: when the Watchers saw him, strut and say, Is not this my Babylon?

The Story of this, and of its loss to Persians, is so clear, in Sacred Writ; That I need not enlarge it from Iosephus, the true Berosus, Megasthenes, Herodotus, Xenophon, or any later. Though it be also very considerable among those Heathens. And so, is that famous Ruine of Senacherib, whom Esay maketh a Type of all the Churches Carnal and Spiritual Foes: Insomuch, that from him, rather than Egypt, St. Iohn's binding of Satan, the old Dragon, the crossing Serpent, seemeth borrowed.

The Persian Empire, did begin from Cyrus, taking Babylon. It's Pride and Tyranny, did much encrease; then, when Darius won this Babylon again. But neither Cyrus, nor Cambyses, Darius, nor Xerxes; (or any other p. 100Persian Monarch,) could much prosper, in ought of Consequence; in Scythia, Greece, or other Places; after they were stained, or cursed, with Babylon.

The Macedonian, was succesful very much; but not accounted, any of those Monarchies, till Alexander lost himself, by gaining Babylon. 'Tis strange, how great a Change it made in him; that then became, a Cruel, Lustful, and Licentious Tyrant; stay but a while, and you shall see him lose both Life, and Monarchy, at once, in fatal Babylon.

Philip was very young, but old enough to be the Father to a famous Grecian Epocha (which used in the Machabees, and many others,) first began in Babylon; (as Nabonassors's also, long before.) The Character was Red, and dyed, with the Blood of all that Family.

Seleucus, durst not call himself a King, till well possessed of Babylon: From whence began the Kingdom of the North which was, (in Daniel) to wrestle, with the South or Aegypt; till the Ships of Chittim, made him afraid; and proud Antiochus was glad to bow, and speak the Romans fair, before he could be freed p. 101from his Circle; though it were, but made in Sand, by a riding Rod.

Babylon was fatal to the Romans also: for, so far they prospered still, but never over, or beyond the Streams of Babylon. Charan was Tomb to Crassus's Army, as before to Terah: nearer much to Ura, (found in divers,) then to Urchoa, with Ptolomy.

Much I might speak of Parthians, Persians, Saracens, Turks. These seem as Angels, bound beyond Euphrates; but being loosed, and possess'd of Babylon, their Tyranny was divilish. Now it is, (or rather is not, but poor Bagdad) in Turkish Hands, most times; except an Army of Locusts, ('tis remarkable,) appear as Harbengers before the Persian. But his Sun must be eclipsed, with the Turkish Moon, before the Glory of Ierusalem.

But to return to Babylon, while Romans kept the Scene, they acted well; but 'twas a Tragedy, for some have thought they brought more Shame and Sin, and Tyranny, from all the Coasts of Babylon, then Brass from Corinth, or Antiquities from Greece. Thus Babylon was buried in Rome, but Rome is ruined by Babylon.

p. 102Edom and Babylon run Parallel, in Judgment (through the Prophets,) and the Iews were plain enough, in saying, or in proving, who is Edom, in this western World.

This Edom, did give name, all say (since learned Fuller wrote his Miscellanies) to the Red, or rather, the Reed Sea, but this may be doubted; and the rather, (with other great Objections; for it is scarce a drop, to that the Antients call the Erythrean Sea, or Mare Rubrum; never belonging unto Esau:) in that Edom will hardly be found, to denote Red.

A great Master of the Arabick, and other kinds of Learning, in Cambridge, Mr. Wheelock, did almost perswade me once that Edom's Name, is better sought and found, in Arabick, where it may sound as much as Eator, or a Glutton: who did sell his Birthright, for a mess of Broth; as Adam (the first Glutton,) sold his Paradice, and all, for a little Apple, or the like.

This Etymology, of Edom, I could the rather believe; because in Tuscan, Latin, and so many other Tongues, Edo, Eso, Esor, (and the like Words,) do all signifie Eating: and p. 103in other Nations, the D, is only changed into T, its Cousen Germane.

How Edom came to be a Type of Rome, (as the Iews so constantly affirm,) may appear in due Place. This is very considerable, that among all other Judgments threatned on Babylon and Edom, (for they are equals in most;) this is one, and the chief of all, that they shall be perpetual Desolations, and shall never return, or rise again, when they be fallen.

Tyre and Sydon, might return again; Aegypt and Aethiopia: for Chush may reach to that also, from Chusiana, on the Banks of Euphrates and Tygris; whence they passed through Arabia, (and there left their Name also,) cross the red Sea.

Moab and Ammon shall escape, from the last Northern King in Daniel; and they shall return in the latter days (a noted Phrase.) Nay Sodom it self, shall return and rejoice with her Sisters, Samaria, (for Ephraim in this also, seemeth to be the first born;) and with Ierusalem the younger Sister. So, spake the Type also, when Lot, and Abraham's Tennants of Sodom were, (in the fourteenth great Year) delivered, p. 104from the Oppression and Tyranny of all the four grand Monarchies, of Shinaar, or Babylon; of Elam, or Persia; Ellassar, (the Prince of Ellas) or Greece: which three also, may lie in the Heifer, Ram, and Goat, (God's own Emblems, of the three first Monarchies;) which were divided, and broken about the Dove, and Turtle of Abraham; and the King of the Gentiles, may typifie the Roman Empire: Although I could yet believe, there may be more in it. Antichrist, may seem to have two Horns, one in the West, and Christian Temple: the other in the East, and Jewish Temple. (Edom and Babylon) Mahomet did rise, about as bad a time, at Rome, as Hildebrand. But it may be, his Horn must end in Gog, and Magog, (whence the King of Gogim, in Genesis;) which is very probable to be Alleppo, the Turks greatest Residence in Asia, directly North to Ierusalem: and of old, not only Hierapolis, but Magog also, in some antient Heathen Authors. But Edom and Babylon shall mourn and lament, in that Eternal Desolation; while the whole Earth, besides, (so speak the Prophets,) shall rejoyce.

p. 105The World must be renewed, the Promise and the Blessing to Adam must not fail one tittle, nor could the Flood (or its worst Causes) disanul the Grace of God, established so long before. Nay, it was continued, confirmed, and inlarged, in the new Charter to Noah. The Scripture is very observable; although I dare not be too confident in ought of Noah's Blessing, or Will or Commands, found in the Cave among the Tuscan (Rarities much rather then) Antiquities. Yet With much of those also there is more to be compared, then I have yet seen in Lazius or Berosus (for Annius may be excused, who found it with that Title,) but the Book was written by a Iew, if Tsemack David do not deceive me.

And the Jews with much consent, expect this glorious Change. Both touching themselves, (who never yet ('tis thought) possessed half their promised Land, from Euphrates to the Sea, from Lebanon to Aegypt, nay, where ever their Feet did tread) and others also of the Pious Gentiles.

To this day they shake their Palms in Triumph every way (in their great Hosanna;) p. 106in allusion to the Psalms and Prophets; who say, that every Tree of the Wood shall shout, rejoyce, clap Hands, and sing for Joy.

Nor do they think the time far off, and that from better Grounds perhaps, than is the old Prediction in their Zohar, which foretels their Redemption should be upon, or about, the Year last past; to which they add somewhat they see, or have heard from their Brethren of Iuda in Brasile: or of Israel in other parts of America, which they cannot much believe (till it be better confirmed;) although it be with many Arguments asserted by a grave sober Man of their own Nation, that is lately come from the Western World.

It is strange, if it should prove true, and that which might regain some of Esdra's Credit, (besides all of Christ, and the Iews long Captivity, with their return about the Ruine of the Roman Empire, whose twelve first Caesars, with divers others, he describeth clearly;) in that also of the ten Tribes passing through a River or Strait, (may it be the Strait of Anian) in a long Journey of many Months or Years, to a Countrey not inhabited.

p. 107It is also remarkable, that such good Authors should relate the Traditions of the Mexicans, or others in those parts; coming a great Journey, with an Ark carried before them on Mens Shoulders, with their God therein, and what others have observed of Circumcision found in some of those parts: with other Rites of Tribes, Heads of Tribes and Families, with some pretty Ceremonies of Marriage, Funerals, and Washings; not altogether unlike the Iews, or Israelites.

However, it seems they left many of their Brethren behind them in Asia, though it must not be in Tartary. The World will not admit of it of late, although it was very current a while, in Dan and Naphtalim, Mount Tabor, or I know not what, in Ortelius and others.

But Millions of them, are still found in Persia, and other parts of Asia, though I give no Credit to their Kingdom in Caramania, or elsewhere described or feigned by Benjamin, the Jew in Eyre. Yet with him must be condemned (if he lies in all) some of our own, that have travelled in those parts.

Not only Master Herbert, who hath many p. 108considerable Passages; besides that of a mighty high Peak of Taurus, for Ararat, not very far from the Caspian Sea; which he saith the Inhabitants do still, to that day, call the Descent from the Ark, which would much have pleased Sr. Walter Raleigh, and other learned Men, that would not have Noah come out of Armenia; though so many Heathens also do record it thereabout.

But to return to the Iews, and their Return▪ It is so clear, and so full in the Scriptures (both Old and New) that I need not seek it in the Apocrypha, where yet are many Predictions of it clear enough, especially in Tobit. I mean the old Hebrew Tobit, brought from the East; for that we have is broken and imperfect much, being only taken from a Iew's Mouth, that Translated it to Ierome; as himself confesseth, if I forget not. All the Prophets speak clearly of it; but Ionas, that of him we have, was but a second Prophecy, which, besides all the Iews, somewhat in his own Words doth intimate: And we need no more; for, in the Kings we find Ionas's Prophecy for Israel's, (even Israel's) Restoration, which is there p. 109also carried up to Moses's Song (cited also in Ezechiel, besides other Prophets) as that which is clear enough for what we speak.

So is Moses also clear, that great Troubles shall befal them in the latter Days: that is, in the time of the Messiah, as they all confess; for so they still interpret the Phrase. And to this Place, with others, they refer their Afflictions, under Messiah Ben Ioseph. Whom (I hope) they begin to think already come: although Ben David do not yet appear to them, but Moses addeth, that the Gentiles should also rejoyce with his People Israel. For he would again be merciful to his People, and his Land, and so that Song endeth; which was to be kept and considered, in the latter Days, or time of the Messiah.

Abraham was first told his Seed must be as Dust, and afterwards as Stars: Not Stars for Multitude I think, but Glory, Except there be more Stars then the Jesuite thought, who hath lately wrote a Book in Praise of the Virgin; being nothing else but one Verse (Tot tibi sunt Dotes Virgo, quot fulera Coelo;) which he hath changed above a thousand times, (and might have done it much oftner,) p. 110keeping the very same entire Words in a true Verse.

Abraham the High Father, had two Sons in special. Ishmael a Type of the carnal Iew (who had also twelve Princes, twelve Patriarcks) from Hagar, the Earthly Ierusalem: coming first from Egypt, and growing proud, she is driven out (into Captivity) but soon returns again upon an Angels Call.

Yet she must only stay till Isaac (a real Type of Christ) is born, and weaned a while; and then, her self and Son (for mocking Isaac) must be turned out of doors, from Abraham's House, or Church. It was very bitter to good Abraham, but she must out. And she is yet in Bondage (in the Wilderness, a long Captivity,) together with her Son poor Ishmael.

But in this Wilderness, when she is near Despair, sitting alone, wringing her Hands, for Grief and Woe; and her poor Son, at a distance crying, or rather gasping for Life, God will hear, God will hear, (Return O God to the many thousands of Israel,) and he will call, and speak kindly to her, in the Wilderness: He will p. 111then open her Eyes to see a Well, a Fountain of living Water. The Well of him that hath lived long, and looked on her.

For, when the Poor and Needy shall thirst sore, and their Tongue cleave to their Mouth, (when they sit in Darkness, he will see and execute Peace,) he will open a Fountain in the Wilderness: So do the Psalmists and Prophets often alude to this of Hagar in the Wilderness, an History of all the Bible, much, I may say, more remarkable.

After this shall Isaac come and seek his poor Brother Ishmael, he also shall come and dwell with his Brother at his Well Labairos: and thereabout he met Rebecca, though I dare not draw the Paralels. But it may be worthy of inquiring, that about forty Years old, he should meet his Wife at Hagar's Well.

The Iews do tell us pretty Stories of old Abraham's coming oft, and knocking at the Door to call and see his Son, though Hagar was much abroad and yet they say, she did return again at last into his House. And some will also have her to be Keturah, on whom Abraham had many Sons, that peopled p. 112the East. These seem to be the Abrahamides, or Brachmonides, of whom we hear so much, yet see so little, but their Names.

Certain it is, what ere became of Hagar, that Ishmael returned to Isaac, or rather Isaac to Ishmael. For, besides that of Isaac's living so much at Ishmael's Well, the Text is clear, for their being together at Abraham's Death, or Funeral. And Ishmael (a better Man then some may think) dyed in Honour, or as the Phrase is, in the midst of his Brethren, if I mistake it not.

Isaac (a Type of Christ) had two Sons, that Wrestled and Fought so soon as they had being. Edom the eldest (which the Jews will have to be the Roman Christian Church, the first born to Christ, or Isaac;) yet must come to serve the younger, when he cometh up.

Iacob (the Father of all Israel) had two Wives. Leah the visible Church of carnal Jews, or Gentiles, bleer eyed; not so lovely to her Husband as was Rachel. Who was long barren, but at length beareth Ioseph; And she is then to leave her Father's House: p. 113For he will give them up (for smiting Ioseph,) until she that travailed bring forth, and receive her Son with Joy.

In this flying Posture, Iacob meets the Angels at Mahamin (it was the way with the Canticles.) He wrestleth and prevaileth with God, and with Edom. 'Tis a great Mystery: But I am tedious.

Poor Rachel is loath to leave her Idols. These stick and stain her (but they must be buried in Bethel,) till at length she come to Bethelem-Ephrata; and there she travaileth with Benjamin; to her, Benoni; for she must expire as soon almost as he is born. Nor did she regard the Words of those, that told her, that she had a Son: but she shall receive him again with Joy.

I dare not say that blear-Eyed Leah, was typified by old Lilith, of whom the Iews speak so much, and so Ill; because she did so much displease our Father Adam, till God in pity cut him asunder, (as they speak, and so doth Plato also,) and of one of his Sides made Eve. Otherwise his Body had been more round; Male before, and Female behind: To which they say the Psalmist doth allude; besides that of Moses: Male and p. 114Female created he them, or him; at the first.

They have also an antient Tradition, of which, the Talmud, and many of their best Writers; that there should come two Messiahs, and the first should attempt, but not perform the full Deliverance: But that he should dye, and leave them in a doleful Plight, so long, till a second came, and relieved them all, and Reigned over them, as David: For, they call him Ben-David, as the former Ben-Ioseph, or Ben-Ephraim.

Not only for his Relation to Ioseph, but they use to call any Noble Gallant Man an Ephraimite. And in that of their First Messiah, they seem to allude to a common Story among them, of Ephraim's hardy Attempt to carry them forth from Egypt: But his Rashness cost him many thousand armed Men, drawing the Bow, but turning back in the Day of Battle; as the Scripture seemeth to allude in several Places.

Those two distinct Men, (with the Iews) seem but two distinct Estates in One, and the same Messiah. Which two Estates seem also to be Tipyfyed by Ioseph and Benjamin, good Iacob's Darlings, and the Sons of his beloved Rachel, the good Jewish Church.

p. 115Somewhat it is the Scripture meaneth, I believe, in bringing Christ from Bethlehem-Ephrata: by which we are also led, and bid by St. Matthew to look on Rachel, falling in Travail there, and weeping for her Children, who were not.

And often did she Weep, if she could see how often they were not, or seemed not to be. So Ioseph in the Pit, in the Dungeon in Egypt, in Ephraim's first Attempt from Egypt. So Benjamin in that famous History, when all Israel wept as well as Rachel, because Benjamin was not.

Yet again, how oft did she, must she Weep? poor Rachel weepeth till she see them all again: and so she shall in the latter Days, as saith the Prophet Ieremiah. And then also the Children of Barren Rachel may be more, than of Fruitful Leah.

And another Prophet saith, they shall be given up (as deserted by the Father) till she that Travailled shall bring forth: Nay, till she have leisure to attend with Joy, that a Man-child is born to her. Some have thought the Travailer to be Gentile Church, but it is Interwoven with Bethlem Ephrata.

I need not spend much time to Parallel the p. 116two Estates of our Messiah with this Ioseph, and this Benjamin; The Lord will dwell between his Shoulders, more then when the Holy Place was in the Tribe of Benjamin: he also was cut off, (as Ioseph was) but did prolong his Days and prosper. Yet a little while, I hope, and Benjamin shall come down from his good Father; and then shall Ioseph (Ben Ioseph) make himself known to his Brethren, who did hate him, shout at him, cast him into the Pit, deliver him to the Gentiles.

But he was brought from Prison and from Iudgment: At thirty Years he stood before the King, and was made Governour of all. His Brethren must come and bow down to him, tho they rememb'red not his Affliction; yet he preserveth them in Aegypt: and tho Dead, yet goeth before them to Canaan in his Coffin; of which the Jews have many Stories, in the Life of Moses and others.

They shall see him who they have pierced, and shall weep over him: For he shall melt them by saying, I am Joseph your Brother.

But he must stay till Aegypt be destroyed by Famine: and be glad to yield it self to Ioseph; he must sit till his Enemies be put under him. And then shall come the Restitution; when Babylon p. 117is pulled down. It filleth all the Scene as yet: And whil'st Satan acteth as if he were God, it is no Wonder that we see so little done of Good. I must not trouble the World with the time of this great Change: But it may be sought (and perhaps found) not only by Types, but plain Expressions in Moses, and the Prophets; besides our Saviour's Words, and the Revelation.

This I may observe, that as Aegypt was broken before the Tabernacle was first raised, and Edom before the first Temple, and Babylon before the Second; So both Edom and Babylon before the Third, in Ezekiel and St. Iohn: for I now seek not the three Temples in Ezekiel, Sitnah, and Rohoboth (digged by Isaac) as do many Iews.

Of all the Crimes of Edom and Babylon, this hath a heavy Charge: that the afflicted Heber, the People of his Love. But those that Curse them must be Cursed. How great a share in that this Kingdom had, I cannot say, there are Mistakes on either side.

We say they Crucifyed a Child, or more: They do deny it, and we prove it not. They say we drove them out from hence: it is not clear.

p. 118They were in Favour once at Court; they did deserve Respect, who brought the Crown two hundred thousand Pounds per Annum (little less, as mony now,) for divers Years together. And King Iohn did give or sell them a Charter of Priesthood, or rather Presbytery; for I know not that by this they ever Sacrificed. And the Charter yet remaineth, for old Jacob the Presbyter of all the Jews in England, during Life.

Their Use and Brocage was so burthensom, that in King Edward the First, one Parliament did quite deny them Leave of Usury; and that did draw them, but not drive them hence. It was their Motion that obtained a Writ for safer Passage, which yet secured them not, but that the best of them were drowned in the Thames, by Fraud of those that undertook to Waft them over: But they hanged for abusing those poor Jews.

The next Parliament did grant a whole Fifteenth pro expulsione Iudaeorum, yet they had but a Writ for a Pasport; and they were but 15000 and odd, if I may believe a great learned Judg, who has so Reported and Recorded.

How they are now, I need not say: although p. 119I might also bear them Witness, that they are yet Zealous in their Way: nor do they wholly want Ingenious Able Men, of whom I cannot but with Honour mention him that has so much obliged the World, by his learned Writings, …ab Menasseh Ben Israel: a very Learned Civil Man, and a Lover of our Nation.

The more I think upon the great Change now coming on them, and all the World; the more I would be Just and Merciful to them, to all: nay Universal Sweetness if I could; a Christian overcoming all with Love.

And such one should be more I believe, if one had conquered all the World. For then there would be nothing left, but Self to Conquer. Then one would return in Love, and say, come forth my Enemies and Live, enjoy your Rights, your Peace and Liberties, with all your Ioyes. There shall not an Hair fall off your Heads. By this it shall be known, that God alone must Reign.

I know that Antichrist and Babylon must fall, and rise no more. But these are more in Hearts, then any Walls, or any City. Not only in the Heart, much less the Name of King or Lord: I Judg my self, or so I should much p. 120rather, and much heavier than I Judg another. For I see much cause to fear my self, lest I may keep a little Pretty, rather Ugly Antichrist within my Breast; whil'st I am busie to destroy some others, more then it in others, or my self.

There is a sweeping Rain, oppressing more then any Thunder. There is a Pride most proper to a Leathern Coat. And one there was that trod on Pato's Pride, with Prouder (it was said) and fouler Heels.

I find it in the Scriptures: thence I know that Babylon must down, and be thrown down with Violence. More Force it may seem, than Form of Law.

Yet, even in such things, God seldom doth that which is not just in Man's Eye also. Nor did he ruine Babylon, or spoyl Aegypt, till they oppressed Israel. Nor did he bring the Iews by pure Force to possess Canaan, before they had purchased Sechem or Machpela; with such a Legal Seisin as might warrant Force, or Forcible Disseisors, that so held Possession against the true Owners.

And what ever Force may appear in pulling down of Babylon, I do not Read or Know that the new Temple, or the new Ierusalem shall be p. 121built with Violence or by Violent Men, that may ruffle much in forcing Babylon; But they may perish by the Sword that use it most. Moses was the meekest Man alive, yet he had a special Commission, (that was a Patent sealed with the Arms and Impress of Heaven) to ruine or impoverish Aegypt. He pulled down indeed, but he raised little but a Tabernacle: Only a Shadow of good things to come. And it must be abolished by him that was typified by Ioshua: For Moses could not bring them into Rest, altho by Force and a mighty Hand he brought them out of Aegypt. David was a Warriour and a mighty puller down: He cut off the Head of Goliah, and weakened all the Philistins; he threshed Ammon, Moab was his Washpot, and over Edom he casts his Shoe. He shall be brought into the strong City, and shall harrow Edom and sow it with Salt, or cut off all the Males but one or two that can escape by Stratagem.

But yet, he must not build the Temple: for he was a Man of Blood; and when he would but remove the Ark, Uzza is smitten, and David ashamed as well as afraid at that great Breach, which remaineth to his Day; I had almost said prophetical of our Times.

From Perez Uzzah the Ark is brought but p. 122a few Paces; for it must rest a long time with Obed-Edom, a mysterious Name, and when it comes from thence to the City of David, it must be content with a Tabernacle, with many Forms and Ceremonies: and among others Obed-Edom is the Porter to that Tabernacle.

Shall some of Edom also be brought in; although his Desolation be eternal, or for an Age of Ages? May they come to be Porters, as the Gibeonites were Hewers of Wood for the House of God? His Iudgments are in all the World; and so they must be long. But Judgment is his strange Work, and he delighteth in Mercy; he will turn again, and be Merciful unto us. Nay, all the World shall Sing and Rejoyce.

The Sea shall roar a while, and all that in it dwells: but there shall be no more Sea, no more Death, or Hell, but what shall be sealed up in the great Pit. But the Earth shall Rejoyce, and his Goodness shall be over all his Works: they shall all bless him, they shall all praise him. Nay, all the Trees in the Forest shall Rejoyce.

This is also the more considerable, in that it was so clearly expressed in that joyful Psalm, which was made and Sung at David's bringing the Ark from Obed-Edom: But it is divers times repeated and inlarged in the Psalms and Prophets: p. 123For it is a great Mystery. Solomon the King of Peace must build the Temple up: there must not be a Hammer heard, or a Stone Squared, but before it cometh thither.

He is married to Aegypt, and in League with Tyre and Sydon: the Letters are yet to be found and read in old Authors: then Pineda, he is reconciled to Moab and Ammon: and the Arabians bring him Gifts, as did the Magi from the East. He spake peace to the Gentiles afar off: not only to the Queen of Sheba. I do not reject or believe all the Titles or History of Precious Iohn: But I could with a Sight of Solomon's Works; and others in his famous Library at Amyra.

Nay, to the Isles of the Gentiles: We need not travel to Peru as some have done, to seek Ophir: it is nearer much, and better found in Zealand, one of the best Islands I suppose in all the World: and the learned Author of the late Peleg: maketh demonstrative Paralels of this with Ophir, or the Taprobane of Ancients.

Yet even Solomon, this peaceful King, had two great Enemies; one was an Edomite (David left but very few,) and the other was a Syrian; I do not say an Assyrian or Babylonian, altho these often come into the Name of Syria p. 124(a vast Latitude.) But the Text saith, the Syrian reigned about Damascus, which seemeth near the Borders of the old Magog; and it may be compared with the Close of the 16th. or rather with the middle of the 20th. of the Revelation; or with much in Ezekiel, about the time of his Temple; or it may be, long after it was built.

The second Temple was built in a time of Trouble, and great Fear: For they held their Swords together with their Trewels. But yet it was not built by Power or Might, (much less by Force,) but by his Spirit and Goodness, that did overaw his Enemies.

Zerubbabel did hardly live to see his Temple; or at least the City finished. This was but a gentle Visitation, as the Jews used to call it: not a Restoration of the two Tribes, much less of all, as the Prophets promise: Nay, some of them promised after this Return from Babylon.

And this Temple was imperfect much, it wanted divers Glories of the former: Five in special, as the Jews affirm (at the want of foreign in the Word foretelling its Glories) which never were recovered: tho great Herod did encrease the outward Glory. And there was a p. 125greater than Solomon to give Peace in that place: and so he did to all the World. 'Tis known how oft the Romans shut the Temple of their Ianus.

But why could not this Peace endure? was it because this Temple was not founded in Peace? for Ephraim envyed Iudah, and Iudah vexed Ephraim. Nay among themselves they could not agree: for some wept, as others laughed.

But when the People did with one Voice, and one Consent, Sing out to Bless and Praise the Lord (so saith the Type in Solomon,) then, and not till then, the Glory of God came down and fill'd the House; so that the Priests could not enter; nor it may be, needed in that Glory. This was but a Type of somewhat yet to be fulfilled, more, much more in building of the new Temple.

Solomon did also then pray that all the Earth might come to know the Lord, and serve him, as his People Israel did. And this was heard and answered by God; and almost all the Prophets, who with much Consent assure us, that the Earth shall be full of the Knowledg and Glory of God. And that he shall be served with one Consent, and with one Shoulder: even from the rising of the Sun, to the going down thereof. (For it is worth observing how Learning and Religion, came p. 126along with the Sun from East to West.) In every Place shall Incense be offered with pure Oblation. And then Ephraim shall no longer envy Judah, nor Judah vex Ephraim.

If I durst assert Esdras to be Scripture in any thing; it should be in those most considerable Prophecies of the Ruine of the Roman Eagle, to which it may be, our Saviour also alludeth; as he seemeth to do in divers other Passages, found no where that I know, but in Esdras.

And about the Fall of that Roman Eagle, he seeth a great Multitude of Fighters, (as in Armageddon.) But at length arose a Man, who was the Son of Man, that called to him a peaceful People, that should leave off War, for it should cease in all the World; their Swords and Spears must be beaten into Plow Shares and pruning Hooks.

And when the Multitude (in the Revelation) stand and Sing the new Song, the Song of Moses (of the Sabbath, or the Red Sea,) and the Song of the Lamb (not yet known abroad:) Then, and not till then, is the Vail of the Tabernacle in Heaven Opened. But there was yet a Smoke to cloud that Glory.

But when the seventh Angle shall sound, and all the Kingdoms of this World become p. 127the Kingdoms of our Lord, and of his Christ: and those be destroyed, that destroyed the Earth. Then shall the Temple of God be fully opened in Heaven, and the Ark of his Testament (the Model shewed to Moses on the Mount,) shall be seen and viewed in that Temple: not in a Tabernacle, but a Temple: then also shall the four Beasts (which in Ezechiel's Mircavah, the Jews will have to be the Emblems of the four great Monarchies in Daniel:) even these four Beasts; and the Elders of Presbyters; with all the Angels of Heaven, and all the Creatures of Heaven and Earth, and of the Sea, and under the Earth; (how long, or how far this may reach, I know not) all shall fall down about the Throne, giving Honour and Blessing, and Praise to him that sitteth on the Throne, and to the Lamb, for ever and ever. And the four Beasts again in special say Amen. There is much spoken of a Personal Reign of Christ upon Earth: I do not affirm it, yet I believe there is more, much more for it, then I have yet seen in any of the many Writers on Daniel, or the Revelation. And beside the Judgment of so many, if not all the Orthodox in Iustin Martyr's time: there be some very antient, (almost Apostles) that relate how our Saviour himself discoursed of this Kingdom, which the Acts do but Intimate.

p. 128But for my part, I do acknowledg my self to be so ambitious, as to expect somewhat much higher and better then his bodily Presence, which yet I long for: as the Captive hasteth to be loosed. But this would please or profit little without Life and Power, and Real Light above our Doubts, Disputes, or Demonstrations.

Nor would this much profit man, or please God, I think, without true Love, proportionate to such a Light.

The first Paradice had one River parted into four Streams, and one Tree of Knowledg: but of Evil rather than Good. The new Paradice shall have many Rivers of Knowledg, to cover the Earth, and many Trees of Knowledg also; whose very Leaves shall heal the Nations; what then shall their Fruit be, but Resurrection from the Dead?

I see so much of this vain World, that I cannot but earnestly desire and long for a new Earth, and for new Heavens: but yet I should not value or desire them much, were it not that in these I hope to see more Iustice, and more Mercy.

Is not that the World to come, of which the Hebrews and our Saviour speak, as pardoning all but one Sin? The Phrase is common with the p. 129Jews, who do expect it on Earth; and the Prophets make it a pardoning World to come, so that the Inhabitants shall not say they are Sick, for their Iniquities shall be forgiven.

I must confess my Hope is, that he that bid us still forgive so much, that we might be like our Father: meaneth himself to forgive very much; being himself the Founder and great Patron of that great Order of Christians, whose Badg is this, Conquer thy self, and others Evil by doing Good.

Elijah must level his Way, and many (if not all the Antients,) thought Elijah yet to come; which our Saviour also seemeth to intimate with that at his Transfiguration. And the Jews repeat the Verse of the Prophet Malachi, which seemeth also to speak of two Days; and all Elijah's Work was hardly fulfilled at Christ's first Coming.

However when that Levelling is over and past, the Lamb shall come of another Spirit. For the Son of Man came not to destroy, but save: He is the Prince of Peace. And when he shall come to Conquer; He will come on a White Horse, and shall ride on Prospering, because of Meekness, with Truth and Righteousness. He will have Mercy and not Sacrifice, and that will please p. 130him more than all burnt Offerings. He will make our Officers Peace, and our Exactors Righteousness: For Violence shall be no more: But a King shall Rule in Judgment, and a Man shall be an hiding Place from Storm and Tempest.

I will hear what the Lord God will speak; For he will speak Peace (as well as Truth) to his People, and to his Saints; that they may no more return to Folly, or have Cause to Blush. Mercy and Truth shall meet together, Righteousness and Peace shall kiss each other. Truth shall spring out of the Earth, but Mercy (this the Jews called Righteousness) shall come down from Heaven; for the Kingdom of God confisteth in Peace and Ioy, as well as Righteousness.

For the Fruit of Righteousness is Peace, and Assurance for ever; being sown in Peace, of them that make Peace. Such is the Wisdom from above, and such are the Fruits of the Holy Spirit.

What shall we say then to the Messenger of the Nation? or to the Angel, spoyling Edom and Babylon? What? That the Lord hath founded Sion, and the Poor of his People shall trust in it: He will leave an afflicted poor People, and they shall trust in the Name of the Lord; and then will he give them a pure Language, that they may all call upon him with one Consent.

p. 131Thou hast indeed smitten Edom and Babylon. Let not thine Heart lift thee up, for why wilt thou meddle to thine own Ruine? that thou shouldest also fall, thou and all Juda with thee.

Shall the Sword devour for ever? Knowest thou not that it will be Bitterness in the latter end? How long shall it be then, ere thou bid the People return from persuing their Brethren.

Again, and yet again, I bow my Soul and Pray, and humbly Beg; That all may be both Iust, and Iustly done. Not with Justice only, but with Pitty and great Compassion, and much Mercy, for in many things we fail all.

I say that the Commons also failed to the Common-wealth. But to speak freely, altho I will not Judg the Commons, yet I cannot Justifie that House; but I must also Condemn what was lately done to them also, (even to the House of Commons) by that Army which hath often been acknowledged, to have both served and saved them from Ruine or Slavery.

I desire not to dispute matter of Fact, nor can I Judg it. It is true that by express Law (besides all of Reason and Nature) there should be no Force of Arms near, or so much as in appearance of overawing the Parliament: and I looked on it as an heavy Charge on some p. 132that perswaded the Scots, or the Northern Army, to look as if they would have moved towards the City and Parliament against its Will. Nor can we forget, it was so late, that the House voted it Treason to act by Command of Parliament, under a visible Force.

But how shall wee know or discern this visible Force? They may be Free under that which I may think a Force, and therefore I must believe them to be Free, unless they declare themselves to be Forced. For by Judging what is the Priviledg of Parliament, I may certainly break their Priviledg; while I inveigh against others for so doing, and by this incur the Danger of those that Judg before the time, or out of Place; for I suppose I see 100 of the Commons seized and secured; I cannot Judg it a Breach of Priviledg, because I know not but it might be done by the Command, Order, or Consent of Parliament; till it declare the contrary: Or if not by Order of Parliament, yet it may be by some Officer, Virtute Officii; or if by private Man, yet upon some emergent Necessity, or such Reason, that I or others may not Judg, much less Condemn but in Parliament. For it may be possible perhaps (but I hope not probable) that some Parliament-men may design or consent p. 133to such a dangerous Treason or Felony, that it may be the Duty of Officers or others to detain or secure them, till the Cause be heard in Parliament: and Resistance of any that detain upon suspicion of Treason, hath been adjudged Ground enough to Justifie Detention and Securing, till there be a legal acquitting. And that species of Treason, which is against the Kingdom, or the Kingdoms Army, may so much concern a General, that it cannot be wondered if he should be the Accuser or Attacher: who is the Kingdoms Sheriff, and intrusted with the Posse Regni; which he ought to manage for the best Advantage of the Kingdom: prout & melius visum est, in Honorem Coronae, & Utilitatem Regni: as the Confessor's Laws de Heretochiis; and yet he is no Judg of this, but must submit it to the Courts of Justice; and in special to the Parliament, when ever it concerneth any of that Body Representative.

I say not, that the House should not, or need not demand their Members; and the Cause of any such Detention (which still ought to be submitted to the Judgment of Parliament,) but I think it may be possible to suppose such a Case as cannot soon be heard and adjudged; and in such Case, I do not know it is absolutely p. 134Necessary for the House to sit still, and to refuse to act at all, till all their Members be restored. For by this it might be possible for a few mischievous Persons, still to keep the Parliament in such a perpetual Imployment, or rather Idleness; that they should do nothing but Dispute their own Priviledg, and breach thereof. Whereas it may be such a Case, that should make them that be Free, to be more active in the publick Service, Ne quid Detrimenti capiat Resp. while some cannot, and others will not come to do their Duties.

Yet if any be Zealous to spend their Time, or rather the Kingdoms, in Disputing an airie empty Species of Priviledg (which themselves may reflect or refract at Pleasure, every Moment,) I may not Condemn or Judg them: But when the Sea breaks in, I should fear it a Madness in my self, to sit and frown with a Spanish Gravity, chafing at those that broke down the Banks, till the Waves come in, and drown me with my Friends and Country.

I do not deny but that by the Law and Custom of Parliament, 40 may be an House of Commons as well as 400. Yet to speak freely, I could believe it to be the Duty of such 40 to call in their fellow Members, especially p. 135when the Work is great and weighty. And I must confess I should somewhat wonder to see 40 sit alone, about the greatest Matters possible, without so much as calling the rest, or sending Writs for new Elections.

The Modus of Parliament telleth us, that as the King might not absent himself (but in the Case of Sickness, and then he must lie in the same City or Mannor,) without Consent of Parliament; so also there was great Caution against the Members absenting themselves; so that it was expressed in the old Writ of Election, that they should not depart from Parliament without Consent of Parliament. But I know not whether the Crime may be so great in those that desert their Trust; as it may be in those who permit them so to do.

But I will suppose the House of Commons is both Full and Free; which we may, and should (for ought I know,) till they declare it otherwise. Yet when they are freest, they have Limits; for they be not Infinite. Nay when they are most Free, they are most bound to good Orders and to right Reason.

They which bring them to this at any time (though by any Army of Arguments, or any thing else that is Reasonable,) are so far from p. 136enslaving them, that indeed they make them Free, compleatly Free; and when they are set Free, they are the more Inexcusable, if they be not Rational; for when Men are Slaves, they may be the more excused, for acting without or against Right Reason; which to Man is the Natural Law of Liberty.

Which is not a Power to act quicquid Libet, what we list, (for this may be Licentious, and a Lust or Passion may enslave a Man as much as any Chain or Fetter,) but quod Licet, what is Iust and Rational; or as some of the Schools express it, by the Wills following the Dictates of the Understanding, or Right Reason, rather than by a blind irrational Indifference, or Power to Contradict its own Acts, or to suspend its own Acting; which is not found in all, no not in the best Agents, in their best Acts about the chiefest Good, most Free and yet most Necessary: and wherever such Indifference, or such Suspension is, it is a Stain or Spot, and may be Slavery rather than an Ornament or Badg of Liberty: For it ariseth from some Darkness, in not discerning what is best; or from some Inconstancy, or Inability to follow it; which without Suspence should be always Embraced, and followed by Right Reason.

p. 137But what is this Reason? is it only Discourse, as the Schools use to express it? who yet find somewhat higher in Man, even a kind of Intuition, which the old Philosopher did make the highest Sphear of all in Man's Soul, Concentrical to Good, when both Reason and Fancy were Excentrical.

But to me the Word foreign (which we translate Reason) seemeth to be the first used of Proportion in the Mathematicks (Mother of all Analogy, and of most Learning to the Ancients:) so that those were called Rational Agents which acted in Proportion.

So the same old Philosopher (that saith, God ever acteth in Geometrical Proportion,) placeth Reason in a Mean, between two Ends or Objects: and the Master maketh Reason to be Mistress, both to Art and Prudence, (this is Proportion in the Moral, that in the Natural Part of Actions;) and describeth Virtue by a mean Proportion, which he calleth Reason; as a Wise Man would define it. As the Sacred Writer of the Number of a Man; that is perhaps Rational, a Logarithm, or a piece of true Algebra, which we may Translate Mans Numbring: For of all Visible Creatures, Man only was found to use Numbers and Proportion.

p. 138But what is this Proportion, which Denominates an Agent to be Rational? Is it between the Actor and the Object? and do Rationals only observe a Difference of Objects; whereas Natural Agents go on alike to all, Eodem modo ad Extremum posse? But Rationals still do, or still should act in Proportion suitable to themselves, and to their Objects also: which is two or three times observed by the Prophet Esay, in describing Reason, in that of Ploughing and Threshing, and of Punishing, with that of the rough East-Wind: Chap. 27, 28.

But there is a more inward Proportion yet to be found in rational Agents, when their Activity is proportional to their Being, and to their Knowing: and when ever these three are preserved Equal or Proportional, there is true Liberty. So it seemeth to be in God, (may be so darkly shadow out the Blessed Trinity;) His Being, Knowing, and Activity are Infinite (and therfore Proportional to each other) and absolutely Free, altho Necessary.

By his Knowing, he freely comprehendeth; and by his Acting, freely diffuseth his own Being: So that all the Creatures seem as several Rayes, or Ideas (rightly called Species,) acted, that is, diffused through infinite Knowledg; from, p. 139or rather within Infinite Being; which the Iews call the Place, in which we Live, and Move, and have our Being.

Creation was of somewhat not appearing before; so both Reason and the Scripture teach: But how it was, or could be, from meer Nothing, would be more considered: and it may be the Hebrew Word may signify to Cleer, Manifest, or Reveal, somewhat hidden before; rather than to make of Nothing Something (De novo,) which may seem impossible, if there ever was Being Infinite, (as much real Entity, as there could be,) altho not so visible in all its Moods, as it was since the Revelation, which we call Creation.

All the Creatures have some Image of the Creator's Being and Activity; it may be also some kind of Knowing suitable to both: for which there is much to be said, and perhaps more then is yet written by any de sensu Rerum: where we might also find Causes of Antipathies, and such as are now called occult Qualities. And wherever Activity, (for this is most to Sence, and by this we used to measure Freedom, tho it should it be in Knowing as much as in Doing,) is preserved equal, or proportional to Being, there and there only, seemeth to be true Liberty: p. 140which may most appear in the Actings of those Beings which are most knowing.

Shew me then the Sphear of Man's Being, and you may quickly find the Measure of his Freedom: his being is by all agreed to be Rational, and Reason therefore is the proper Measure of his Liberty. For he is then Free, when his Activity is preserved equal or proportional to his Being; this is Rational, and so must that: and Man is then, and then only Free, when he can Act what he should Act, according to right Reason. This is the Law of his Nature, which is Rational; and Reason is his Royal Collar of S. S. S. or a Chain of Pretious Pearls, which Nature hath put about his Neck and Arms, as a Badg of Honour, and most happy Freedom.

This Digression would be scarce excusable, but that our Law doth so adore right Reason; that is a Maxim, What is contrary to Reason, is contrary to Law.

Knights Service (with Ward and Marriage) draweth Relief: but Reasonable by common Law, before the Charter, and the Statutes do ascertain Aydes, which were before to be Reasonable.

Guardian in Chivalry need not account: but Guardian in Socage, Prochein Amy, or Tutor Aliene, p. 141be liable to a reasonable Account: For the old Writ requires Compotum rationabilem. But an Action of Account will not lye against an Executor, to such in Socage; (tho this hath been pressed in Parliament,) because it was not reasonable; but in case of the King, it was so adjudged.

Tenant at Will, ejected by his Lord, shall by Common Law have reasonable Time to remove his Family and Goods, with free Egress and Regress, during the said Fine reasonable.

Tenant by Copy, with Fine uncertain; is not wholly at his Lord's Pleasure: for by Common Law, he must only make a Fine reasonable.

Housboot, Hedgboot, Ploughboot, all Estovers (both for Tenants and Prisoners) must be reasonable, and so must all Partitions between Parceners, and upon Elegit, &c. Which are therefore not left to the Sole Pleasure of a Sheriff, or of any other, but in a sworn Enquest, as we may find in the Writ de Rationabili Partitione.

In divers Mannors, there be many petty. Customs which can hardly be brought into publick View: but for those, and for all, the Law hath a short Text, Que nest pas Encountre reason, poit bion estre admitte & allowe: And the p. 142great Commentator addeth, Lex est summa Ratio.

If you ask him who must determin of Reason, or what is reasonable; his Answer would be, that if any man find himself aggrieved by his Lord, or his Fellow Tenants, the Law supposeth the Iudges Breast to be a sufficient Closet; or, if you will, a Castle for right Reason.

I remember one Case, (and there may be divers,) in which the Law leaveth private Men, (even in their own Causes,) to be Iudges of Reason, or what is reasonable: It is a case of Escuage.

The great Charter dispenseth with personal Service, (in some Cases,) where it is not reasonable a Man should serve in Person: and the Reason of this runneth so through all Escuage; that if any Man will send another in his Room, the Law dispenseth with it, supposing he seth reason not to attend in Person: Nor may he by Law be compelled in such Case against his own Reason.

Most, if not all other Cases in that Tenure, are by Common Law left to the immediate Reason of the Parliament, which may be worth a little Pause; as that which may somewhat p. 143clear the grand Question of the MILITIA.

It is true that by the Common Law, and by the Laws of the Confessor, cited by some, to assert the Commission of Array; Men ought indeed to have Arms, and them to keep in Readiness for Defence of the King and Kingdom.

But it is also true that this, besides other Passages, is strangely cited and applyed for Defence of that Commission of Array. For altho the Close of the Sentence be as they say, Iuxta praeceptum Domini Regis, &c. Yet the same Sentence (had they cited it whole,) seemeth to be much more against the Array, than for it.

For the Arms required there, must be Assessed by Common Consent: and that also limited in that very Sentence, to the Proportion of ever Man's Estate, and Fee for the Defence of the King and Kingdom; and for the Service due to the Lords, Iuxta praeceptum Domini Regis; and these Words in this place do refer to the immediate precedent Words, Servitium Dominorum; which by the Custom of the Kingdom was so Limited, that in all Homage or Fealty, there used to be added this Salvo; Salve lay foy que jeo Doi, à Seignior le Roy.

p. 144And lest King Edward's Laws should not be plain enough secundùm quod eis statutum est, & adjudicatum, & quod debent: King William the first, by Advice of his great Council explained them thus; that nothing should be exacted or taken, but Liberum Servitium; free Service. Prout statutum est, per commune concilium totius regni; as it was established by the Common Council of the whole Kingdom: which is also a clear Proof, for such a Common Council in his time, and before.

In the same Laws, this William (whom some call the Conquerour) granteth that Cities, Burroughs, Castles, Hundreds, and Wapentakes, should be so kept and watched, as the Sheriffs, Aldermen, &c. should best order for the good of the Kingdom, per Commune concilium; by such Common Council: and a little after giveth this Reason, Because they were founded for publick defence of the Kingdom and People thereof, idcirco observari debent, cum omni libertate, integritate, & ratione; a very happy Trinity.

And for Service, with such Arms as were by Common Council assessed: The same King (called the Conqueror) hath indeed such a Law, That all Earls, Barons, Knights &c. should have and keep themselves in Arms and Horses, as it became p. 145and behoved them: So much of this Law, the King's Declaration cited for the Commission of Array. But the following Words of that Law quite dash such Array; for the Close of all is, according to what they ought to us, by their Fees and Tenure, to do by Law; & sicut eis statuimus per commune Concilium Totius Regni: Even by Parliament, for the Common Council of the whole Kingdom.

These Laws of King William, with the Additions and Emendations of the Confessor's, were afterwards confirmed by King Henry the 1st. as appeareth by his Charter; not only in the Exchequer, but in other Places also; besides that we have in Matthew Paris; a Copy of which was kept in every County. And the same Charter was again confirmed by King Iohn, (they know it may be proved;) and again by King Henry the 3d. and so it came into the great Charter, and by Consequence Confirmed, in more than thirty Parliaments.

In which also there hath often been, most especial Care of this touching the Militia, being one of the main Causes of those Statutes, entituled Confirmationes Chartarum, and of those De Tallagio non concedendo; except by common Consent in Parliament: besides many later Statutes, p. 146in King Edward the 3d. and Henry the 4th. with other Times.

I deny not that in Henry the 4th. there did issue out a Commission of Array. But it is as true, that in the last Parliament of the same King Henry the 4th. it was again declared as the undoubted Right of this Kingdom , not to be charged with ought, for Defence of the Realm, or Safeguard of the Seas, but by their own Will and Consent in Parliament.

By which we may learn how to interpret all the Precedents acted by the King, for his Array: and by how much the more is it true, that some Commissioners of Array have been confirmed by Parliament? which is always needful to Confirm any such Array: Which yet is not proved ever to be Paralelld in any Parliament, for ought I can find.

For in all yet seen, there is no such boundless Authority, given to two or three Strangers, (or others,) to compel all Men but themselves, to provide and bear Arms, how, and when, and where it shall seem good to such Commissioners: Which at once seemeth to Dissolve all Laws of Liberty.

Which by the Mirrour with other old Lawyers, is chiefly placed in this; not to be tyed to p. 147any Man, but by ones own Consent. In explaining of which they are Large, in shewing how the Tenures of the Crown were appointed for Defence of the Kingdom: and none tyed to Service, but according to this Tenure; which was assessed by Common Consent.

And if such Commissions of Array, might be Legal from the King; Escuage is so far from the worst or hardest Tenure, (as it was commonly thought,) that it would prove the best, and easiest in all the Kingdom.

For if the Escuage be uncertain by Tenure: None that hath read so much as Littleton, can be Ignorant, that by the Commom Law and Custom of the Kingdom; it is not to be assessed by the King, or any other, but by Common assent in Parliament: which hath now done much to settle this also.

And if Certain, then is the King as really limited as the Tenant. So that the King cannot command or require his Tenant, but according to his Tenure expressed.

Not when he will: For it must only be in time of War, and this is not to be determined by the King, but by the Courts of Iustice. When they are open, as appeareth by all the Law-Books, in the Case of Roger Mortimer, Thomas p. 148Earl of Lancaster, and divers others.

Nor in all times of War, but only in a Voyage Royal; to which Escuage is most properly tyed: and this must not be determined by the King (who may be a Child, Sick, Incomposed,) nor by his Marshal, or Constable, but by the Courts of Justice.

Nor in a Voyage Royal, as long as the King may please: But according to the Tenure; usually forty Days for each Knights Fee; and it hath been demurred in Law, when those forty Days should begin.

They are Littleton's own Words, and very Pregnant; as if he thought that by Law, the King could have no Host, or Muster, but by Consent of the Commons: and he was as like to know our Laws, as most Men living now.

Nor is the Tenant to serve, but according to his Tenure in Gascoyn, Wales, Ireland, Scotland, to which Escuage proper, (but rather from the Scute or Shield;) and the Books have divers Cases, where the King hath required Service, denyed by Limits in Tenures; which the Courts of Iustice, especially Parliament, in all Ages did determine.

Nor is the King to determine how the Knights shall serve him; whether in Person or not. For p. 149this is by Law, at the Tenants Choice. And if the Knight or his Proxy, will not attend, or stay out his Time: yet cannot the King proceed against him, but in a Court of Iustice, and not by Marshal Law: Yet the Marshal's Certificate is a Legal Evidence, that the Tenants did not appear in Service; but his Reasons must be heard with all just Pleas.

Nor with what Arms or Horses, the Tenants may serve: all is expresly limited; if the Tenure be certain: and if not Certain, it must (as all Lawyers know,) be assessed by Parliament; which did also at first establish that, which now is Certain.

Nor would it be difficult for a mean Historian to shew how in all Ages, the Militia was as well disposed and managed, as it was Moulded by Common Consent, which is very considerable; and the rather, because all that wrot for the Array, did most, or only run out in this; That the King had the sole disposal of the Militia: not attending, that if this had been proved, (which never was that I know) yet this was only but half, and it may be the least half of the Question. For by that strange Commission of Array, the King did not only challenge the Right of Disposal, of the Legal Militia, already setled; but p. 150also of Moulding and Making a new Militia, not yet made or ever thought of, that I could learn by any of our Ancestors.

If I were forced to enter the Lists, which I would avoid, as a Purgatory; (being otherwise, I say not better imployed, than in such unprofitable Wranglings,) I should believe it not very difficult, much less impossible to maintain; That both the Moulding and Manage, (the Make and the Use) of the Kingdoms Militia, was ever immediately subject to the Command of the Courts of Iustice (especially the Parliaments,) which may in a large Sense of Law, be called the Crown, or King's Politick Capacity; but never I think to the King's Person alone, which in Law is still an Infant, as the Mirrour expresly calls him, though his common Capacity be ever of age. Be the Person a Child, an Infant, Lunatick, Incompos Mentis, or a Woman, which sure our Ancestors could not but deem a most unlikely Person for a wise and valiant General.

If I were compelled to argue this, it should not be only from right Reason, or the Law of Nature, which yet to me, seemeth much to encline this way.

The Feet are to bear, and the Hands to help, p. 151to hold, to bind, and rub the Head, (in any Distemper or Weakness,) but if I should hear of any Man born with his Heels in his Neck, or his Hands tyed to his Head, or immediately under his Chin, I should think it a Monster.

And wherever both Hands and Feet, are at their due Distance from the Head, with divers Nerves and other Vessels, Bones and other parts between them: yet I never heard or knew that they did obey the Head, till it did command itself, and them also by Reason; or till it also doth Obey, not only its own Eyes and Ears, but the Common Sense and Reason of the Soul.

I must confess I have heard that Ticho-Brah, did sometimes imagine that he found Mars below, or under the Sun. But if it were really so, it seems as great a Prodigy in Nature as the new Star, and that of Mars, rather than a new Star in Cassiopeia, might presage those sad Commotions which have since followed in many Places of Europe, while Mars hath been so much below or under the Sun. For by Nature Mars was said, and ever thought to be placed immediately under Iupiter, the great Judg, or Court of Iustice; which should command the Sword.

And so it doth by Law. For in England the p. 152Iudgments given in any Court of Record do so command the Militia for Execution; for a Writ runs of Course, which was made by Common Consent, and cannot be denyed.

Release to all Actions, will not hold against Execution, except all Suits were also released: But this is such a Suit as the Law calls a Demand, which may not be denyed.

And for other Cases of Routs, Riots, unlawful Assemblies, Invasions, &c. The Posse Comitatus, and by Consequence the Posse Regni, was Disposed and Commanded by known, sworn Officers; that acted Virtute Officii, by the Law and Custom of the Kingdom.

For it may be known that the old Iustices, or Conservators of the Peace, were chosen by the Counties; as appeareth by Writs, yet to be read from the Rolls of Edward the First. And now their Commission and their Power dependeth on Parliament.

Nor could the Chancery have given such a Power, had it not been so Established by Parliament, which hath also strictly provided for their Legal Nomination and Election. For which the Statutes of Richard the Second, Henry the Fifth, Henry the Sixth; and before them all, Edward the third thought it were not printed.

p. 153And it is very well known, how by the Common-Law and Custom of the Kingdom, all the Sheriffs do command the Posse Regni in their several Counties: and that not onelyonly Execution of Writs, which may be thought to be Matters of Peace; But the Lawyers know, that Sheriff is Custos Legis and Reipublicae, as well as of Peace; of which he is the Principal Conservator in his Shire and County. Nor may it be Presumption to say, That all these Sheriffs also ought to be, and so were, chosen by the People, as is sufficiently found in Hoveden, and in the Laws of the Confessor. And in full Parliament of Edward the first, it was declared to be the Law and Custom of the Kingdom; and therefore so setled in the Choice of the People.

There was in latter times some Alteration made in Choice of Sheriffs; but it was by Parliament.

However, we all know, that Headboroughs, Constables, (greater men than themselves know) Coroners, and divers others, are yet still chosen in the Counties; and do act by Custom and Common-Law. And the Sheriff also, however he be chosen, yet he stands not by Commission; nor ought to fall with Kings death: But is a standing Officer, by Common-Law. Who may command all Lords, Knights, Gentlemen, and others in his County, by his Writ of Assistance. Which issueth of course to every Sheriff.

I need not say, how little the Kings Personal Command or Warrant, can by Law interrupt or hinder the p. 154Process of Sheriffs, Iustices, Constables, or others, in their legal course for the Publick Peace. Yea, insomuch that if I should have beaten a Drum, or raised Forces to rescue King Henry the Eighth from the Compter, for abusing a Petty Watch in a Night-walk; I might have been arraigned for it.

And so I might have been, for refusing to fire the Beacons, or to have raised the Counties, if I had seen a Navie of French or Turks landing in King Iohn's time: Although the King had come to me and bid me quiet, because they were Friends, or such as he invited in for the good of his Kingdom. Which from his own Mouth, or under his hand, would have been no legal Supersedeas to a private man, in case of such Danger; much less to a Sheriff, or other sworn Officer.

For in such cases of Apparent Danger, any man that is next, may esteem himself an Officer; as, in quenching great Fires, or damming out the Sea. And in such, though the King himself should forbid me, or get me indicted; I may demur, and put my self on the Judges of Law; especially Parliament, the most proper Judges in such Causes. And to Lawyers I need not cite Records or Precedents.

Nor shall I need to adde, That in case of Foreign Invasion, or Intestine Motions, and Breaches of Publick Peace, the Common known Laws of the Land will warrant a Sheriff, Officer, or private man, to go over a Pale, an Hedge, a Ditch, or other Bound of a Shire or p. 155County. In which our Ancestors were not so ceremonious or superstitious, in case of hot Pursuit, or the like: Although they were punctual enough in keeping of Land-marks: And in Peace, in cases of real Actions, and personal Trials. They were very tender of those Marks, in special, that bounded out Shires or Counties.

The Original of Shires and Sheriffs, is generally fixed upon King Alfred. But the old Abbot of Crowland (whence this arose) seemeth to speak of new Names, rather than Things: for himself hath Provincias, Comites, Vice Domini (though not Vice Comites) of Ages before King Alfred. And the Monk of Malmsbury durst not follow Ingulph in this of Shires, as he doth in Hundreds; which yet (as Wapentakes) were elder much, if we may credit Tacitus.

Old Ethelward, and the Author of both the Offa's; with Huntingdon, among Historians; and the Lawyers old Horn-book, the Mirrour; do find or make Counties and Counts, before King Alfred. And we may go higher much, if we may trust to Alfreds Saxon Bede, now printed, with an old Saxon Chronologie, by Mr. Wheelock. In both which we read so much of Eorl, Eolderman, Shire-Alderman, and Bishops-shire (besides Shire-born) that is, his Parish: For this was the old Diocess, before the Novel Division of Parishes.

And before Alfred, as high as King Ina. His Laws, now extant, tell us of Shire-men that were Iudges also, p. 156(as the old …nts and Shireeves) and of Ealdermen that were to forfeit their Shires, if they let Thieves escape.

I might adde the old Writs of Assize in St. Edmund's time; on which the great Judge buildeth (in two or three Books of Reports) for Sheriffs, Tryal by Twelve, and other things; which might have other clearer Proofs.

If any would also assert such Division among the old Britains, he might have much from Nature, in Rivers or such Partitions, to most of our Shires; besides the names in Cesar, Tacitus, Strabo, Ptolomy; and besides that, which Virgil himself will admit of, Molmutius Laws; assigning the Ways and Plows for every County, which is in others; besides Monmouth or Virunnius: For Polydore addeth in this: which is to be marked; besides St. Edward's Laws.

This Disgression may be the more tolerable, as that which maketh way to such Elections; as we might assert in the Parliaments of those times also, were this the proper place.

But to return to the Militia. We have found it moulded by Common Consent; and by it also committed to Shireeves and other Officers, known, sworn, and chosen by the People. We shall now step a little higher, that we may see how in elder times the great work of War, as well as Peace, was managed. And this also we shall find entrusted to a Common Council.

p. 157I do not deny, but the King himself hath sometimes been General of a great Army; and that legally also: for it was by Consent of the People or Parliament.

So it was when the Romans came into this Island, Cassibelan was King and chief Commander in War: But it was by Consent of a great Common Council; as Caesar himself observeth and reporteth: Summa belli Communi Coneilio, Cassibelano traditur.

Nor can it be wondered at, when their Druyds grand Maxime of State was this: Ne loqui de Republica, nisi per Coneilium. Not so much as to speak of a matter of State, but in or by a Council.

These were they that sent Caesar word, they had as good Bloud as lie; and from the same Fountain: having been so long acquainted with Liberty, that they knew not the meaning of Tribute or Slavery.

The British Druyds moulded the Gauls: Cesar reporteth it, with the Brag of one of them, saying, That he could call or appeal to such a great Common Council, that all the World could not resist it.

But there were others also, besides Kings, chosen by the Britains to be Generals; such as old Authors call Principes Militiae: a Phrase given to divers; two I remember, Bolinus and Levisham (as now he might be called) in the time of Kimbolinus: acting by Common Council, as all may find that read those Histories. Which we may now assert, by better Authors than old Monmouth, though he be better also; much better than Polydore or others would perswade us.

p. 158It was this great Council, with the King, that treated with and against the Romans in all times; and that sought their aid at length against the Picts and Scots. And when the Romans could not attend the Britains Tears, it was this Council that called in their Neighbours first, and Friends the Britains from Armorica; (the Gaulish Britain) and that before King Arthur's time: Of which so many Authors write, that Convocato Clero, and Primatibus Communi tandem assensu mittuntur in Armoricam Nuncii, &c. A Parliament clear enough; yet not so clear; as any man acquainted with those times, might prove beyond dispute. But I now must attend the Militia.

A Parliament it was that called in the Saxons; not the King alone, but Parliament, of Lords and Commons also; if (besides the Crowd of all in the Road) I be not deceived by the Saxon Chronologie; and Gildas himself, (whose very words almost are used by Monmouth and others;) and by the famous Nennius of Bangor, who yet liveth in Manuscript.

He is clear enough for divers things we doubt in British Stories: And for Parliaments also, before the Saxons setling here; which was by Act of Parliament. Dum Conventa magna Synodus Clericorum & Laicorum, in uno consilio & cum majoribus natu Consilium fecerunt, & scrutati sunt quid facerent; tandem Concilium omnibus fuit, ut pacem facerent: postea verò Conventum adduxerunt, (here was a Covenant also by Parliament) p. 159& Statutum est, ut amicitia firma adjuvicemesset, &c. Thus Nennius, after his escape from the Massacre at Bangor.

Come we now to the Saxons, setled here by Parliament. In this they may seem more considerable, that by most they are made the Patrons of Chivalry, or Tenures by Knights-service: for it is now believ'd by no Lawyer or Historian, (that I know) that this came in with the Normans; although it was so thought by some.

I have somewhat to say in due place, why it might look higher than the Saxons; yet I must yield, it had been but little room among the Britains of Gavel-kind. Of which, the Parliament in Henry the Eighth; and more hereafter: besides all the Comments upon the Statute (or rather the Writ) de Militibus.

None doubt but Tacitus speaketh of our Saxon Ancestors (or rather theirs) in that, in their chosing Kings and Generals, (Reges ex nobilitate, Duces ex virtute) by Common Council, in iisdem conciliis, Eliguntur & Principes, de Minoribus Principes, de Majoribus, omnes consultant. And that such Council did both mould and manage the Militia, is plain enough in the same Author: Who besides all matters of History, telleth us their general Custom was; Not to entrust any man with bearing Arms, antequam Civitas suffecturum probaverit, till some Common Council, more or less, had approved him. For so, I may translate it to all that know, how much Vrbs and Civitas do differ.

p. 160The Tract of Parliaments is visible enough in all the Saxon Writings here. I should be tedious in citing but one quarter of that which their Laws (yet to be found, and very good Authors) do afford in this.