SIR
,
SEE
the
effect
of
your
commands
.
The
want
of
time
,
of
Books
,
and
assistance
in
this
my
retirement
,
make
me
very
uncapable
of
the
undertaking
.
But
my
obedience
and
performance
with
a
Kid
,
will
I
hope
be
accepted
,
when
I
cannot
sacrifice
an
hundred
Bulls
.
Without
farther
Ceremony
or
Introduction
,
according
to
my
apprehension
,
when
we
enquire
into
the
Authority
and
Nature
of
Parliaments
,
our
thoughts
should
be
raised
above
all
prejudice
and
particularities
;
we
should
not
conceive
of
them
,
as
of
some
Creature
form'd
and
nourisht
under
this
or
that
Constitution
,
but
have
a
Notion
as
large
and
general
,
as
is
that
of
Government
of
Civil
Society
.
We
must
not
be
confin'd
to
the
Writers
of
this
or
that
Age
,
or
Countrey
;
but
consult
the
Universal
reason
and
sense
of
humane
kind
,
where
Civil
Government
has
been
exercised
.
Much
less
is
any
particular
profession
or
Faction
of
Writers
,
to
be
the
only
Authors
of
Credit
with
us
,
in
this
enquiry
.
Our
knowledge
must
be
something
digested
;
and
an
impartial
result
from
a
consideration
of
all
as
well
Times
and
Countries
,
as
Writers
and
Customs
.
The
Civilians
,
with
their
Bartolus
and
Baldus
,
are
not
to
dictate
to
us
on
this
occasion
.
These
were
bred
out
of
the
corruption
of
the
Roman
liberty
;
and
were
instruments
of
servitude
from
the
beginning
.
Their
work
was
by
hook
and
crook
,
to
rap
and
bring
all
under
the
Emperours
power
;
that
was
their
study
,
that
their
Province
.
But
they
were
always
ignorant
of
the
practises
of
better
times
,
and
utter
strangers
to
the
just
Rights
of
a
Free-people
;
their
Rules
and
their
Maxims
were
,
in
effect
,
no
other
,
than
so
many
stripes
,
so
many
marks
and
items
of
Slavery
to
the
Subjects
.
Then
,
for
the
Municipal
Lawyers
of
every
Nation
,
they
also
are
educated
under
too
narrow
a
dispensation
to
think
justly
in
these
matters
.
The
Letter
is
their
sphere
where
they
show
their
activity
,
even
,
sometimes
,
to
the
perverting
and
turning
it
against
the
reason
and
intentions
of
the
Legislator
.
Their
small
niceties
,
and
their
subtleties
,
and
their
inferences
,
are
too
fine
drawn
to
bear
or
support
a
matter
of
this
weight
and
circumference
.
Their
Deductions
and
Argumentations
must
ever
be
taken
with
some
grains
of
allowance
;
the
cause
here
requires
other
forms
and
considerations
.
We
are
not
to
stick
at
the
Letter
,
but
go
to
the
foundation
,
to
the
inside
and
essence
of
things
.
By
their
acquaintance
with
the
Customs
and
Laws
,
they
may
aid
and
direct
,
but
not
over-rule
;
they
may
apply
their
Observations
to
strengthen
the
Fundamental
Reason
,
but
are
not
to
perplex
and
subvert
the
Form
of
Government
.
My
Lord
Cook
tells
us
,
Parliament
is
derived
from
Parler
le
ment
,
i.
e.
from
speaking
the
mind
.
He
might
as
honestly
have
taught
us
that
firmament
is
firma
mentis
,
a
farm
for
the
mind
;
or
fundament
,
the
bottom
of
the
mind
.
My
Lord
Cook
,
how
sage
soever
otherwise
,
in
Parliament-house
is
no
more
Authority
than
Thomas
Aquinas
.
And
take
him
from
his
ordinary
Element
,
his
Reasons
are
many
times
as
ridiculous
as
his
Etymologies
.
Then
for
the
Holy
Scripture
;
the
design
of
it
is
no
more
to
teach
us
Politicks
,
than
to
make
us
Philosophers
.
Our
blessed
Saviour
did
not
distinguish
whether
Caesar
demanded
Tribute
,
as
Tribune
and
Servant
of
the
people
;
and
whether
the
Roman
Empire
remained
still
Democratical
,
(
as
Caesar
pretended
)
or
was
Monarchical
,
as
,
in
effect
,
it
prov'd
.
The
Holy
Ghost
neither
alter'd
the
complexion
,
nor
refin'd
the
education
;
but
a
shepherd
,
notwithstanding
the
Oracles
he
delivered
,
continued
the
same
in
other
circumstances
,
as
if
he
never
had
been
inspir'd
.
In
like
manner
,
where-ever
Christ
is
Preached
,
the
Soul-saving
Doctrine
in
no
wise
operates
upon
the
policy
or
civil
Constitutions
;
but
leaves
those
affairs
to
be
influenc'd
by
the
ordinary
prudence
and
discretion
.
Whether
it
be
some
particular
generosity
in
our
Nature
,
that
renders
us
impatient
of
slavery
:
or
whether
the
temperateness
of
the
Climate
inclines
us
to
a
moderation
in
our
Government
:
Or
whether
it
may
be
some
favourable
aspect
of
the
Planets
,
(
as
Ptolomy
would
perswade
us
)
that
disposes
Europe
to
the
love
of
Liberty
.
So
far
as
any
Record
or
History
can
inform
us
,
That
Arbitrary
and
unlimited
domination
,
so
familiar
in
the
Eastern
parts
of
the
world
,
amongst
us
did
always
shew
uncouth
,
and
to
be
stared
upon
no
less
than
their
Elephants
.
And
indeed
to
us
seem
altogether
inconsistent
with
a
civil
people
.
And
it
can
be
no
more
the
business
of
the
Gospel
to
reconcile
us
to
that
yoak
,
than
it
is
to
Emasculate
our
complexion
and
nature
,
to
change
the
temper
of
our
Climate
,
or
to
turn
our
Stars
from
their
Course
.
All
power
is
from
God
,
and
we
are
to
be
subject
to
the
higher
powers
;
this
all
consent
to
;
this
is
Doctrine
alike
true
in
Holland
,
as
in
France
,
at
Venice
,
as
at
Constantinople
.
But
where
this
high
power
and
Soveraignty
rests
,
in
whom
't
is
lodged
,
this
is
a
point
not
so
obvious
:
Nor
can
the
S.
S.
or
holy
Fathers
any
way
help
us
in
the
discovery
.
The
Customs
and
particular
Laws
of
every
Nation
,
are
only
capable
to
direct
us
in
that
scrutiny
.
Obedience
is
as
much
a
duty
,
and
Rebellion
as
black
a
sin
where
the
people
are
King
,
as
where
a
single
person
has
the
Soveraign
sway
.
The
Title
of
King
,
Monarch
,
or
Emperour
,
the
Scepter
,
the
Crown
,
the
Royal
Throne
,
with
all
the
Robes
and
pomps
and
badges
of
Soveraignty
,
and
the
precedence
before
other
Christian
Kings
,
have
the
shadow
of
Majesty
,
but
have
none
of
the
substance
,
as
Bodin
truly
observes
.
The
Caesars
were
never
so
absolute
,
as
when
the
Senate
had
the
show
,
and
the
name
of
all
.
But
afterwards
when
their
power
declin'd
,
then
did
their
shadows
lengthen
,
and
the
Titles
swell
beyond
all
sobriety
and
proportion
.
The
French
Parliaments
in
their
Scarlet
Robes
,
know
none
of
that
Soveraign
power
which
their
plain
Ancestors
so
long
had
exercised
in
their
grey
jackets
.
The
Pontificalibus
and
Formality
,
derogates
from
the
antiquity
and
independency
.
And
our
House
of
Commons
may
seem
in
a
manner
,
(
if
I
may
so
say
)
to
have
committed
some
kind
of
Solecism
,
in
taking
a
Mace
to
be
carryed
before
them
,
but
that
their
simplicity
and
plainness
otherwise
sufficiently
demonstrates
them
the
true
,
sincere
,
original
,
fundamental
,
common
Councel
,
constituted
and
form'd
before
Forms
and
Pageantries
and
Fopperies
obtain'd
in
our
English
world
.
For
badge
and
ornament
they
had
Homer
has
taught
the
world
to
call
Kings
Pastors
of
the
people
.
We
commit
not
the
charge
of
our
Cattle
to
any
one
of
the
Herd
,
nor
for
our
sheep
do
we
choose
one
out
of
the
flock
to
be
their
shepherd
;
but
set
over
them
a
more
excellent
sort
of
Animal
,
some
Man
is
appointed
for
the
Neatherd
,
and
for
the
Shepherd
,
to
govern
and
take
the
charge
of
them
.
Now
since
for
the
conduct
and
sway
over
men
,
the
world
is
not
furnisht
with
any
species
more
noble
than
Man
,
Art
supplies
what
wanted
in
Nature
;
an
artificial
man
is
fram'd
,
a
politick
creature
,
a
King
that
never
dyes
,
that
can
do
no
wrong
,
that
cannot
be
deceived
,
whose
Counsels
and
Determinations
are
the
result
of
the
joynt
experience
and
wisdom
of
a
whole
Nation
.
Now
whether
this
artificial
,
may
be
call'd
a
mixt
sort
of
Government
,
as
the
antients
imagin'd
.
Or
that
it
be
originally
,
essentially
,
and
fundamentally
a
Democracy
Monarchical
in
the
administration
,
as
Bodin
and
our
Modern
Politicians
seem
to
understand
.
This
certainly
is
the
Government
that
always
has
obtain'd
in
Europe
;
and
that
which
all
,
amidst
their
Commotions
,
Distractions
,
and
Convulsions
,
in
some
manner
or
other
,
with
more
or
less
success
and
perfection
,
have
tended
to
,
as
the
center
,
and
onely
place
of
rest
.
If
therefore
the
Jews
had
desired
a
King
after
the
manner
of
the
Europeans
,
their
importunity
peradventure
might
not
have
been
so
provoking
to
the
Almighty
.
And
we
should
have
found
another
kind
of
Catalogue
of
their
fair
qualities
,
than
that
delivered
us
by
the
Prophet
.
For
however
their
Asian
or
African
Neighbours
might
have
domineer'd
it
,
and
bluster'd
;
a
calmer
gale
was
always
wont
to
breath
amongst
us
in
Europe
,
And
,
God
be
thankt
,
we
are
many
degrees
Northern
Latitude
from
Og
the
King
of
Bashan
,
and
the
Lands
of
those
other
Gyants
,
Amalekites
,
and
Philistines
.
The
first
Writers
amongst
us
had
their
imaginations
so
over-born
with
the
excellency
of
Kingly
Government
,
that
they
fancied
in
Heaven
Iupiter
to
be
the
King
of
the
Gods.
And
yet
they
thought
the
Common
Councel
so
necessary
and
essential
,
that
Homer
represents
even
Iupiter
,
upon
a
great
occasion
,
calling
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
his
Parliament
of
the
Gods.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
I
have
heard
Divines
observe
something
of
this
kind
,
as
figured
of
God
Almighty
from
those
words
,
Let
us
make
Man.
Those
words
in
the
plural
number
to
them
seemed
to
import
,
as
if
God
summon'd
a
Parliament
of
the
Trinity
,
to
consult
upon
that
arduous
affair
.
Our
Christian
Poets
have
taken
the
same
liberty
,
and
fancied
this
,
as
an
Image
of
Greatness
,
where
could
be
no
accession
to
the
wisdom
and
omnipotence
.
But
again
,
Homer
(
whom
Plato
in
his
Book
of
Laws
,
mentions
as
a
Prophet
,
and
one
who
reveals
those
things
concerning
Government
,
by
inspiration
,
which
are
not
by
humane
knowledge
to
be
attain'd
)
to
shew
the
utmost
inhumanity
and
barbarity
of
the
Cyclopses
and
their
Government
,
tells
us
,
They
neither
held
Parliaments
for
Counsel
,
nor
had
right
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
He
joyns
Parliament
and
right
,
as
of
late
days
Guicciardine
does
Parliament
and
Liberty
;
as
if
Parliament
,
Right
,
and
Liberty
,
were
to
stand
and
fall
together
.
And
indeed
amongst
the
Greeks
,
how
many
persons
,
excellent
otherwise
,
have
been
branded
for
Tyrants
and
Monsters
,
and
made
odious
to
all
posterity
,
because
they
affected
a
more
singular
and
unbounded
power
than
was
consistent
with
the
Customs
and
Constitutions
of
their
Country
?
Nor
was
this
Policy
less
known
or
practiz'd
by
the
Latines
.
None
of
the
antient
Kings
of
Italy
or
Rome
exercis'd
other
Government
than
by
Parliament
,
till
Tarquin
the
Proud
with
much
Stratagem
and
Artifice
attempted
a
new
way
.
But
how
fatal
did
he
find
that
innovation
?
Afterwards
that
the
Caesars
usurped
the
Empire
,
when
their
power
was
the
highest
,
they
affected
to
have
all
done
in
the
name
of
the
people
and
Senate
.
Neque
tam
parvum
quicquam
,
neque
tam
magnum
publici
privatique
negotii
,
de
quo
non
ad
Patres
Conscriptos
referrebatur
.
And
notwithstanding
the
antient
Liberty
and
Government
was
so
run
down
,
yet
on
some
occasions
,
the
authority
of
the
Senate
would
be
exerting
itself
.
They
declared
Nero
an
Enemy
of
the
State
,
and
their
Sentence
had
its
effect
.
Nor
could
(
the
delight
of
humane
kind
)
Titus
,
though
so
far
engaged
in
love
and
honour
,
stem
the
authority
of
the
Senate
,
in
favour
of
his
dear
Berenice
;
but
was
forced
to
dismiss
her
,
because
they
forbad
the
Banes.
And
in
effect
,
the
power
of
the
Senate
once
gone
,
that
of
the
Emperors
signified
little
;
the
giddy
Souldiers
broke
all
Rules
and
Measures
.
They
mutinied
,
and
made
and
unmade
Emperours
,
where
,
and
when
,
and
whom
they
had
a
mind
to
.
So
that
the
Emperour
was
onely
Tenant
at
will
to
the
Army
.
Our
Botchers
of
History
,
shew
a
jolly
Succession
of
Monarchs
on
their
file
for
Britain
in
those
days
.
But
Caesars
Commentaries
are
of
much
better
Credit
,
who
represents
the
Government
of
Gaul
and
Britain
,
as
muchwhat
the
same
in
his
time
;
says
he
of
Britain
,
Summa
Imperii
bellique
administrandi
Communi
Consilio
permissa
est
Cassivellano
,
&c.
The
chief
Command
and
Conduct
of
the
War
,
was
by
the
Common
Councel
committed
to
Cassivellaun
.
Compare
these
words
with
what
he
writes
of
the
Gauls
,
l.
7.
Re
in
Controversiam
deductâ
totius
Galliae
Consilium
Bibracte
indicitur
,
eodem
conveniunt
undique
frequentes
multitudines
,
suffragiis
res
permittitur
,
ad
unum
omnes
Vercengentorigem
probant
Imperatorem
.
Here
the
Counsel
of
all
Gaul
,
by
reason
of
the
War
,
put
it
to
the
Vote
who
shall
be
their
General
;
and
it
was
carried
with
a
nemine
contradicente
for
Vercengentorix
.
And
't
is
beyond
dispute
,
that
their
Government
continued
the
same
in
the
times
of
which
Dion
Cassius
and
Tacitus
write
.
Nor
is
their
uniformity
so
strange
,
considering
the
Authority
of
the
Druyds
,
and
their
correspondence
in
both
Nations
.
When
the
English
and
French
came
from
Germany
to
people
Britain
and
Gaul
,
the
German
Liberty
and
moderate
sway
were
transplanted
with
them
;
and
still
the
Common
Councel
had
the
main
stroke
in
all
weighty
affairs
;
for
to
that
Policy
had
they
also
been
educated
.
The
Scheme
of
the
German
Government
appears
in
these
passages
of
Tacitus
.
De
minoribus
rebus
Principes
consultant
,
de
majoribus
Omnes
.
In
lesser
matters
the
principal
men
onely
,
in
the
greatest
affairs
all
consult
.
Elsewhere
he
says
of
them
,
Vbi
Rex
vel
Princeps
audiuntur
Authoritate
suadendi
magis
quam
jubendi
potestate
.
Where
the
King
or
Prince
are
heard
for
the
reasons
they
bring
to
perswade
,
rather
than
for
any
Authority
to
command
.
Hereby
't
is
manifest
,
that
in
Germany
also
the
people
had
their
share
in
debating
and
directing
all
affairs
of
moment
.
When
therefore
the
French
under
Waramond
,
or
Pharamond
,
came
to
settle
and
mix
with
the
Gauls
,
whatever
other
differences
might
happen
,
in
point
of
Government
they
were
agreed
before
hand
,
both
resting
upon
the
same
Basis
,
the
Common
Councel
.
Accordingly
in
those
first
days
,
we
find
them
making
their
Kings
,
and
again
upon
occasion
unmaking
them
by
general
consent
.
Hence
come
these
Phrases
so
frequent
in
Aimoinus
,
Sigebert
,
Engenhardus
,
and
the
other
Writers
of
those
times
.
Consensu
Francorum
,
Electione
Francorum
,
Secundum
Morem
Francorum
,
in
Regem
electus
,
&c.
On
the
other
hand
,
Franci
regno
deturbant
,
a
Francis
repudiatur
,
depositus
ac
detonsus
in
monasterium
detrusus
est
,
a
Francis
in
Monachum
tonsuratur
,
&c.
Where
we
may
note
,
that
our
Authors
intend
by
their
per
Francos
,
as
much
as
per
consensum
Francorum
,
or
secundum
morem
Francorum
,
which
is
,
by
the
Common
Counsel
,
and
not
in
any
unusual
,
mutinous
,
and
tumultuous
way
,
as
some
might
object
.
Nor
are
we
to
imagine
the
Government
presently
altered
,
so
often
as
we
find
the
Historians
varying
their
phrase
.
We
must
now
and
then
be
content
with
such
words
as
the
Monks
of
those
times
were
pleased
to
coyn
for
us
,
and
have
new
barbarous
Names
for
the
same
old
Civil
Constitution
.
Whether
they
speak
of
Germany
,
of
the
French
,
or
of
our
Nation
,
they
indifferently
diversifie
,
and
employ
for
the
same
common
assembly
amongst
others
,
the
appellations
and
circumlocutions
following
.
Sometimes
they
call
it
Curia
,
and
Curia
Imperialis
,
and
Curia
Regalis
,
Curia
solennis
,
generalis
Curia
,
magna
Curia
.
Concelebranda
patrum
solenni
curia
coctu
,
Curia
Roncaliis
jampridem
indicta
coïret
,
say
their
Poets
.
Which
is
expessed
in
the
German
Tongue
,
by
Hove
,
Koniglicher
Hove
,
grossen
Hoff.
Elsewhere
it
is
call'd
Congregationes
,
which
the
Germans
render
Reichsversamblung
.
Sometimes
it
is
call'd
Concilium
Principum
,
totius
Germaniae
Concilium
,
Concilium
generale
.
Gunther
says
,
Concilium
Procerum
toto
de
corpore
regni
Convocat
.
And
the
Monk
of
Paderborn
,
who
liv'd
about
eight
hundred
years
ago
,
in
his
Annals
of
Charles
the
Great
,
Anno
772.
Et
Rex
Wormatiam
Carolus
collegit
in
urbem
,
Francorum
proceres
ad
Concilium
generale
.
Imperialia
.
Concilia
postquàm
cessavere
,
omnes
pene
deformitates
introductae
sunt
,
says
Cardinal
Cusan
.
Elsewhere
these
were
called
Conventus
,
Conventus
generalis
,
Conventus
Imperatorem
.
Convenire
generaliter
populum
suum
praecepit
.
Habuit
populi
sui
generalem
Conventum
.
Habitoque
juxta
Morem
Conventu
generali
.
The
Monk
of
Paderborn
thus
versifies
.
Anno
775.
Ad
Duriam
vicum
properant
,
nam
rege
jubente
,
Illic
Conventus
populi
generalis
habetur
.
Elsewhere
,
Venit
,
&
ad
fontes
fluvii
cui
Lippia
nomen
,
Conventum
fieri
Procerum
jussit
generalem
.
Anno
775.
Publicus
in
Paderbrunon
Conventus
habetur
.
Most
commonly
it
was
called
Placitum
.
Compendii
placitum
generale
habuit
.
Aimoinus
.
Rex
Pipinus
habuit
placitum
suum
in
Nivernis
Regino
,
An.
773
,
and
An.
777.
Tenuit
placitum
in
loco
qui
dicitur
Paderbrunnon
.
Abbas
Stadensis
in
Chr.
An.
811
▪
Imperator
habito
placito
,
&c.
And
the
aforesaid
Monk
,
Anno
770.
Conventum
placiti
generalis
habere
,
Cum
ducibus
se
velle
suis
denunciat
illic
.
Regino
calls
it
Synodus
.
An.
770.
Carolus
habuit
Synodum
in
Wormatiaâ
.
771.
Habuit
Synodum
ad
Valentinianos
.
772.
Synodum
habuit
in
Wormariâ
.
775.
Habuit
Synodum
in
villâ
quae
dicitur
Duria
.
780.
In
Lippa
Synodum
tenuit
.
Convenerant
multi
Episcopi
,
Abbates
,
&
,
Principes
ad
Imperialem
Synodum
.
Trithem
.
Abb.
Afterwards
in
Germany
,
Diet
was
the
name
that
generally
prevailed
,
as
that
of
Parliament
in
France
and
England
.
Now
these
Quotations
and
Authorities
shew
,
not
only
that
by
all
this
variety
of
Names
were
understood
the
same
Common
Councel
,
but
that
the
Principes
,
Proceres
,
Primores
,
Duces
,
Patres
,
&c.
imported
no
more
in
truth
,
nor
signified
other
manner
of
Men
,
than
the
very
same
with
Populus
.
And
the
same
Assembly
by
one
Writer
barely
called
Populus
,
or
Conventus
populi
,
is
by
another
stiled
.
Conventus
procerum
,
Conventus
principum
,
&c.
which
those
terms
secundam
morem
,
juxta
morem
,
more
solenni
,
ut
solebat
,
more
fully
demonstrate
;
which
seem
to
refer
and
send
us
back
to
Tacitus
,
Consultant
de
majoribus
omnes
.
This
I
the
rather
note
,
because
I
find
Mr.
Petty
(
amongst
many
other
his
excellent
Memorials
)
observing
the
like
in
old
Records
of
Parliament
,
where
those
somewhere
called
Populus
,
and
Vulgus
,
and
the
Commons
,
are
otherwhiles
dignified
with
the
gay
additions
of
Noble
,
Most
Noble
,
Most
Illustrious
,
Most
Gracious
,
Seigniors
,
Monseigniours
,
and
Sires
the
Commons
And
likewise
for
that
some
unwary
and
superficial
Readers
from
this
root
have
propagated
and
improved
many
Errours
of
pernicious
consequence
to
our
ancient
and
Fundamental
Policy
and
Government
.
The
French
incorporating
and
growing
one
people
with
the
former
Inhabitants
,
had
a
much
easier
Province
;
they
setled
,
and
pursued
their
Native
Customs
and
Forms
of
Government
,
nor
met
with
that
difficulty
and
opposition
which
in
this
Nation
attended
the
English
and
Saxons
.
These
had
a
much
harder
game
to
play
.
These
could
in
no
wise
fix
,
or
find
any
sure
footing
,
without
first
clearing
their
way
,
and
driving
the
Britains
up
by
themselves
,
into
a
corner
of
the
Land.
And
after
much
tumbling
and
bustle
,
we
find
them
formed
into
a
Heptarchy
.
How
regularly
they
mov'd
as
to
Civil
Affairs
,
how
closely
they
followed
their
Country-Customs
,
or
where
they
innovated
and
varied
from
their
German
Forms
and
Policy
,
in
those
dark
times
,
is
hard
to
be
traced
.
Some
footsteps
however
appeared
then
,
which
remained
to
posterity
,
as
the
division
of
the
Countrey
into
Hundreds
,
after
the
German
manner
described
by
Tacitus
.
Besides
the
other
Royalties
in
the
people
,
as
that
of
appointing
Sheriffs
,
and
choosing
Annual
Magistrates
,
the
jurisdiction
and
power
of
life
and
death
by
our
Juries
,
&c.
And
even
before
all
came
united
under
one
Monarch
,
we
find
the
people
interposing
their
Authority
,
and
(
for
the
miscarriages
of
Queen
Edburga
)
providing
that
thereafter
,
No
Queen
shall
sit
by
the
King
,
nor
have
the
Title
of
Queen
,
but
be
called
only
the
Kings
Wife
.
Gens
itaque
occidentalium
Saxonum
Reginam
juxta
Regem
sedere
non
patitur
,
nec
etiam
Reginam
appellari
,
sed
Regis
conjugem
permittit
,
&c.
Asser.
Menev.
&
Mals
.
But
I
shall
not
repeat
what
Cambden
and
Selden
,
and
our
other
Antiquaries
have
collected
on
this
occasion
;
but
Germany
being
the
source
both
of
our
people
and
Laws
,
I
choose
rather
petere
fontes
.
And
thence
it
may
be
concluded
how
far
we
do
stare
super
vias
antiquas
,
and
continue
firm
upon
the
old
bottom
.
When
the
People
and
Senate
of
Rome
had
transferred
all
their
right
upon
Charles
the
Great
(
or
Charlemain
,
as
the
French
call
him
)
and
Germany
was
made
the
seat
of
the
Western
Empire
,
one
might
think
,
if
there
could
be
an
opportunity
of
introducing
a
new
form
of
Policy
,
this
was
the
time
.
Yet
Charles
,
so
victorious
,
so
august
,
so
great
,
the
like
in
no
age
before
him
or
since
ever
known
on
this
side
the
Alps
,
notwithstanding
all
that
power
and
fortune
,
and
the
Imperial
Crown
that
adorn'd
him
,
his
Language
was
still
the
high
German
,
and
his
Government
did
still
in
the
old
Parliamentary
way
go
on
and
prosper
.
Therefore
we
find
him
every
year
with
his
Parliament
.
Eginhardus
,
who
was
his
Son-in-law
,
and
Chancellour
,
says
of
him
,
Rex
sic
ad
publicum
populi
sui
conventum
qui
annuatim
ob
regni
utilitatem
celebrabatur
,
ire
,
sic
domum
redire
solebat
.
And
Aimoynus
,
l.
4.
c.
74.
Generalem
Conventum
quotannis
habuit
.
And
to
these
Parliaments
,
under
God
,
so
far
as
humane
reason
may
judge
,
does
Hincmar
(
Archbishop
of
Rheims
,
and
Chancellour
in
those
times
)
ascribe
his
happy
Reign
.
Secunda
divisio
,
qua
totius
Regni
status
anteposito
,
sicut
semper
,
omnipotentis
Dei
judicio
,
quantum
ad
humanam
rationem
pertinebat
,
conservari
videbatur
,
haec
est
,
consuetudo
tunc
temporis
erat
,
ut
non
saepius
sed
bis
in
Anno
duo
placita
tenerentur
,
unum
quando
ordinabatur
status
totius
Regni
ad
anni
vertentis
spacium
,
quod
Ordinatum
nullus
eventus
rerum
,
nisi
summa
necessitas
,
quae
similiter
toti
Regno
incumbebat
,
mutabat
,
in
quo
placito
generalitas
universorum
majorum
●am
Clericorum
quam
Laicorum
conveniebat
,
alterum
cum
Senioribus
tantum
&
praecipuis
Consiliariis
.
All
this
seems
but
a
Paraphrase
upon
the
passage
afore-cited
out
of
Tacitus
,
as
to
the
Form
of
Government
.
The
Princes
and
Seniors
are
for
the
matters
of
less
weight
;
the
former
here
mentioned
,
was
the
generale
placitum
,
which
the
Germans
more
particularly
call
,
Die
jahrlicke
versamblung
,
the
yearly
Assembly
.
Whose
business
(
he
tells
us
)
was
to
order
the
state
of
the
Kingdom
.
He
shows
us
likewise
how
binding
these
their
Ordinances
were
,
and
not
to
be
contraven'd
unless
upon
the
utmost
necessity
,
not
a
suggested
,
invisible
,
Courtnecessity
,
but
quae
toti
regno
incumbebat
,
a
necessity
that
lay
upon
the
whole
Kingdom
.
In
effect
,
the
Parliament
Ordered
,
and
he
Executed
their
Orders
;
his
Office
was
the
Administration
.
Amongst
other
particulars
,
we
find
him
in
Parliament
adjusting
the
matter
of
Succession
,
as
Eginhard
,
and
the
Abbot
of
Staden
,
An.
813.
informs
us
,
of
which
the
Monk
of
Paderborn
,
An.
813.
Vnde
Duces
,
ac
Primores
solenniter
omnes
Atque
Magistratus
,
ad
Concilium
generale
vndique
collegit
,
Natoque
suo
Ludovico
Cunctorum
cum
consilio
jus
omne
regendi
Tradidit
Imperii
,
Successoremque
paterni
Imposito
designavit
Diademate
Regni
.
And
accordingly
his
Son
Lodowic
by
general
consent
of
Parliament
did
succeed
him
;
post
mortem
patris
Aquisgrani
summo
omnium
Francorum
consensu
administrationem
accepit
,
Anony
.
An.
814.
de
reb
.
gest
.
Pip.
Car.
&
Lud.
The
same
Author
tells
us
,
that
this
Ludowic
,
Lotharium
filium
Primogenitum
consortem
Imperii
constituere
volens
,
Aquisgrani
in
conventu
,
more
solito
,
instituto
,
eum
coronavit
.
In
like
manner
we
have
the
Son
of
Arnulph
chosen
in
Parliament
to
succeed
his
Father
.
Regino
,
An.
900.
Proceres
&
optimates
ad
Forachem
congregati
Ludovicum
silium
praefati
principis
,
quem
ex
legitime
Matrimonio
susceperat
,
Regem
super
.
se
●reant
,
&
Coronatum
,
regiisque
ornamentis
indutum
in
fastigio
Regni
sublimant
.
Nor
was
this
done
onely
out
of
Formality
,
and
for
the
greater
state
and
solemnity
on
those
occasions
,
for
we
sometimes
find
them
refusing
to
grant
what
the
Emperour
labour'd
to
obtain
.
Amongst
other
instances
,
we
have
this
last
named
Arnolph
,
An.
894
,
attempting
to
get
the
Parliament
make
his
Son
Zundelbolk
King
of
Lorrain
.
But
they
would
not
gratifie
him
.
Filium
Zundelbolk
,
An.
894.
Ordinibus
Convocatis
Regno
Lothoraii
praeficere
voluit
,
minime
tamen
optimates
praedicti
Regni
eâ
vice
adsensum
praebuere
.
Regino
,
l.
2.
But
the
next
year
after
he
prevailed
,
says
the
same
Author
:
Anno
vero
sequenti
in
conventu
Wormatiae
instituto
,
omnibus
adsentientibus
id
demum
obtinuit
.
Hitherto
these
appear
to
be
the
same
Germans
,
ubi
Rex
vel
Princeps
audiuntur
Authoritate
suadendi
,
●agis
quam
jubendi
potestate
.
And
seeing
that
this
of
Succession
,
is
one
of
those
points
that
are
of
greatest
importance
,
't
is
strange
how
the
right
of
Electing
the
Emperors
came
afterwards
to
be
left
in
so
few
hands
,
and
to
be
setled
in
the
Seven
only
,
who
,
in
course
of
time
got
the
name
of
Princes
Electors
.
Neither
the
occasion
,
nor
the
time
when
this
Custom
began
,
can
be
discovered
.
Some
would
deduce
it
from
Charles
the
Great
.
Some
from
Otho
the
Third
,
who
Reigned
about
the
year
990.
Others
from
Otho
the
Fourth
,
An.
1200.
Others
again
from
Henry
the
Second
,
who
was
Emperour
,
An
,
1001.
From
which
uncertainty
we
may
only
gather
,
that
the
Custom
was
very
Ancient
.
But
it
is
not
to
be
imagined
that
the
other
States
by
any
publick
Act
transferred
the
right
upon
those
Seven
.
Amongst
the
fallacies
and
cheats
of
State
,
whereby
the
rich
Men
may
impose
upon
the
poorer
sort
,
and
worm
them
out
of
all
their
share
in
the
Government
,
Aristotle
reckons
these
:
That
it
be
penal
for
the
rich
to
be
absent
from
the
Common
Councils
,
to
refuse
being
in
Office
,
to
want
,
or
omit
the
exercise
of
Arms
,
not
to
serve
upon
Iuries
,
&c.
But
the
poorer
sort
may
use
their
discretion
,
it
shall
not
be
penal
to
them
;
they
may
choose
whether
or
no
they
will
be
present
in
Common
Council
,
bear
Office
,
be
at
the
charge
of
Arms
and
Training
,
be
impannel'd
upon
Iuries
,
&c.
In
these
cases
this
specious
liberty
fools
and
bewitches
them
:
for
so
long
as
no
restraint
is
upon
them
,
and
they
are
not
excluded
or
slighted
,
or
disrespected
any
way
in
the
matter
,
they
rather
follow
their
private
occasions
at
home
,
and
the
business
of
their
Family
.
And
thus
by
degrees
insensibly
is
the
Commonwealth
and
Government
changed
.
And
that
is
effected
by
art
and
trick
,
which
openly
and
fairly
could
never
have
been
brought
to
pass
.
We
need
not
think
that
the
Germans
were
over-reached
by
any
the
like
Sophistry
and
deceitful
Laws
;
but
't
is
likely
,
that
to
many
it
was
sufficient
,
that
it
lay
in
their
choice
whether
they
would
act
or
no
;
and
in
that
security
many
sate
down
:
Some
could
not
conveniently
spare
time
from
their
Family
;
some
were
indifferent
which
way
the
world
went
;
some
could
not
part
from
their
dear
delights
,
their
Pots
and
their
Hounds
;
and
some
staid
at
home
,
because
they
could
not
make
that
show
,
and
appear
in
a
pomp
and
equipage
like
their
Neighbours
.
By
reason
of
these
,
and
a
many
the
like
weighty
considerations
,
together
with
a
general
degenerateness
,
supineness
,
and
neglect
of
the
publick
,
the
affairs
of
State
became
abandon'd
,
and
shuffl'd
into
a
very
few
hands
;
insomuch
that
few
besides
those
now
called
the
Seven
Electors
,
made
any
great
figure
,
or
much
labour'd
in
that
sphere
.
But
those
seven
were
suffered
from
time
to
time
by
a
silent
usurpation
to
manage
all
,
till
insensibly
it
grew
into
a
Custom
.
So
that
(
under
Charles
the
Fourth
,
when
the
Priviledges
and
Rights
of
every
body
came
to
be
stated
,
and
reduced
by
general
consent
into
a
standing
Law
)
in
the
beginning
of
the
Golden
Bull
,
this
Ministry
of
the
Seven
Electors
is
said
to
be
an
ancient
and
laudable
custom
.
Some
will
have
these
Electors
to
be
a
Committee
of
the
whole
Empire
,
and
that
(
there
being
one
King
,
one
Duke
,
one
Marquess
,
one
Count
,
with
the
Churchmen
)
all
the
several
orders
in
the
Empire
are
represented
by
them
;
and
consequently
that
their
Act
is
vertually
the
Act
of
the
Empire
.
But
it
seems
more
reasonable
,
that
this
sort
of
an
Aristocracie
sprung
up
to
overtop
the
ancient
more
popular
Government
,
by
the
negligence
or
inadvertency
of
the
other
Orders
;
who
were
satisfied
in
seeing
the
Emperour
thereby
effectually
held
within
compass
,
and
had
no
care
or
consideration
farther
.
For
all
their
fears
and
apprehensions
had
risen
from
the
Emperour
,
and
,
so
be
that
they
might
be
secured
against
his
encroachments
and
oppression
,
they
were
content
to
set
up
those
Electors
;
to
oppose
the
Emperour
,
and
stand
as
a
bulwark
betwixt
him
and
them
.
And
therefore
by
their
free
Act
in
the
Golden
Bull
,
they
settle
and
confirm
to
the
Electors
that
Prerogative
,
which
no
prescription
otherwise
could
have
made
just
and
authentick
:
Above
an
hundred
years
before
,
in
the
Church
had
the
Government
changed
face
;
an
Aristocracy
obtain'd
,
and
the
Election
of
the
Pope
ceased
to
be
longer
popular
.
About
the
same
time
,
in
England
also
,
the
old
Laws
and
Policy
ran
a
dangerous
risque
from
an
inundation
of
Arbitrary
power
,
that
threatned
to
break
down
all
the
ancient
banks
and
Barriers
.
For
the
Normans
,
having
come
amongst
us
,
partly
by
consent
,
partly
perforce
,
pust
up
and
wanton
with
their
new
acquisitions
and
swing
of
fortune
,
they
could
not
well
be
kept
within
bounds
.
Now
and
then
Speeches
of
Conquest
and
holding
by
the
Sword
,
and
the
like
bugtitles
,
were
bandyed
to
and
fro
amongst
the
giddy
Courtiers
,
with
now
and
then
a
Sally
and
Inroad
upon
the
people
,
trampling
Property
under
foot
.
These
Insolencies
and
Invasions
kept
the
Nation
awake
,
and
put
them
upon
their
guard
,
to
wait
an
opportunity
whereby
their
ancient
Rights
and
Customs
might
be
reduced
into
Form
,
and
solemnly
recognis'd
by
succeeding
Kings
in
the
Great
Charter
.
Thus
was
the
Cockatrice
crushed
in
the
Egg
;
and
an
early
stop
put
to
Arbitrary
sway
in
England
;
and
the
Government
returned
to
its
old
center
of
Parliaments
again
.
Germany
,
in
this
juncture
,
lay
most
open
and
exposed
.
The
Emperor
,
Lord
of
the
World
,
and
Head
of
the
Nations
,
Successour
to
those
Caesars
that
had
broken
down
all
Forms
and
Fences
,
so
that
Liberty
and
Property
lay
wast
every
where
before
them
.
These
owed
all
their
power
to
the
Sword.
The
Imperial
Crown
,
the
Lex
regia
,
the
whole
bulk
and
body
of
the
Civil
Law
,
were
wholly
and
entirely
their
own
proper
creature
;
and
what
more
might
be
devised
to
make
a
Prince
unlimited
,
uncontrolable
,
great
,
and
barbarous
,
and
render
him
a
Cyclops
or
a
Leviathan
?
But
the
result
was
,
the
Customs
and
Liberties
of
the
Germans
were
far
more
ancient
and
more
Sacred
to
them
,
than
any
New
Song
that
the
Civilians
could
teach
them
.
Therefore
all
this
long
rattle
of
Imperial
Prerogative
onely
alarm'd
them
,
and
made
them
provide
the
better
for
their
security
.
And
as
their
danger
was
the
most
threatning
,
and
arm'd
with
stronger
Titles
and
pretensious
than
in
other
Nations
;
so
have
they
with
more
care
sought
their
preservation
.
And
the
Golden
Bull
with
them
was
framed
,
and
had
the
same
effect
as
Magna
Charta
with
us
;
which
they
strengthen
and
make
supplements
to
,
by
new
Capitulations
upon
occasion
,
according
as
the
Emperors
abuse
their
power
,
or
that
tricks
are
devised
,
by
colour
of
the
letter
,
to
elude
the
honest
intention
of
that
Fundamental
Law
and
Constitution
.
Thus
we
see
it
true
,
in
respect
of
Soveraignes
,
as
well
as
of
Subjects
,
That
evil
manners
are
the
cause
of
good
and
wholesome
Laws
.
The
French
have
no
Golden
Bull
,
nor
Magna
Charta
;
peradventure
,
because
no
King
of
theirs
had
those
pretentions
of
Conquest
,
as
the
Normans
here
;
nor
had
that
Imperial
Title
of
the
Sword
,
and
the
Civil
Laws
,
as
the
Caesars
,
to
transport
them
beyond
the
bounds
of
Moderation
and
Reason
.
Which
put
them
upon
other
Measures
,
and
gave
them
opportunity
step
by
step
,
slily
,
insensibly
,
and
surely
,
to
effect
what
more
openly
could
never
have
succeeded
.
`
As
in
the
Fable
,
the
storm
and
violence
of
the
Wind
could
not
force
away
the
Travellers
Cloak
from
him
;
but
the
Sun
coming
silently
upon
him
,
dissolves
him
presently
,
makes
him
unbutton
,
and
strips
him
of
all
.
Noise
and
bluster
make
the
people
the
more
obstinate
and
tenacious
.
But
things
remote
affect
them
not
.
They
never
see
consequences
,
nor
lay
ought
to
heart
that
is
not
immediately
present
before
their
eyes
.
If
any
thing
now
and
then
in
the
course
of
their
Kings
Reign
happen'd
that
was
shocking
,
all
was
lookt
upon
as
some
personal
and
accidental
slip
only
,
without
foundation
for
continuance
,
or
without
giving
jealousie
of
being
repeated
to
posterity
.
About
an
hundred
years
after
Magna
Charta
was
establisht
,
was
that
project
of
the
Modern
Parliament
in
France
set
on
foot
,
to
render
unnecessary
the
ancient
Assembly
of
the
States
,
and
consequently
to
alter
the
Government
.
But
the
English
Arms
gave
check
to
their
wanton
career
,
and
for
a
long
time
diverted
them
from
pursuing
that
design
,
or
bringing
it
to
any
head
.
However
,
this
new
Assembly
and
Vice-Parliament
was
cultivated
and
improved
daily
.
They
assumed
all
the
Power
,
they
consulted
and
determined
the
weighty
Affairs
;
and
in
case
the
King
offered
any
violence
to
the
Laws
,
they
encounter'd
and
oppos'd
his
exorbitant
courses
;
they
lay
before
him
his
Coronation-Oath
,
and
plyed
him
with
Remonstrance
upon
Remonstrance
,
till
they
brought
him
to
Reason
.
Neither
War
nor
Alliance
could
be
made
,
nor
could
any
his
Edict
or
Command
have
effect
,
till
Ratified
and
Approved
by
them
.
So
that
to
the
unwary
multitude
these
serv'd
the
turn
as
well
;
these
were
as
effectual
and
sufficient
,
and
more
ready
and
expeditious
than
the
great
old
Parliament
.
But
afterwards
came
new-fashioned
Kings
to
Reign
,
who
would
not
be
overcome
by
Reasons
or
Remonstrances
.
And
yet
then
also
,
was
a
formal
complyance
of
this
Parliament
thought
necessary
;
and
,
as
an
expedient
,
when
not
satisfyed
in
Conscience
that
an
Edict
ought
to
be
Ratifyed
,
was
introduced
that
clause
,
Mandato
Regis
;
which
imported
,
that
they
did
not
ratifie
such
an
Edict
upon
their
own
judgment
,
but
that
they
were
over-ruled
by
the
Kings
particular
command
.
Afterwards
again
came
the
expresso
Mandato
,
and
expressissimo
Mandato
Regis
,
according
as
they
passed
it
with
a
greater
reluctancy
,
and
greater
violence
had
been
offered
to
their
judgment
.
But
Henry
the
Fourth
,
who
had
fought
through
all
opposition
into
his
Kingdom
,
and
had
subdued
to
his
will
all
that
had
fac'd
him
in
the
field
,
grew
impatient
,
after
so
great
Contrasts
,
to
find
his
resolutions
crost
,
and
contested
by
tame
Gownmen
;
therefore
,
to
rid
himself
at
once
of
all
those
verbal
frays
and
formalities
,
made
a
Law
,
that
thereafter
the
Kings
Edicts
should
be
Ratified
and
Emologated
upon
sight
,
without
more
formal
trifling
and
dispute
.
Thus
were
those
remains
of
Soveraign
power
,
that
had
surviv'd
in
this
diminutive
Parliament
,
baffl'd
and
extinct
,
without
much
labour
.
But
as
they
never
possessed
the
vigor
and
spirit
of
the
Ancient
Assembly
;
the
people
were
never
so
stupid
to
trust
,
or
lay
much
stress
on
their
valour
and
performance
.
And
therefore
did
more
early
show
their
resentment
;
nor
without
a
general
convulsion
and
Civil
War
,
could
bear
the
apprehension
of
a
Court-design
to
lay
aside
the
old
Parliament
.
It
was
the
boast
of
Lewis
the
Eleventh
on
this
occasion
,
that
he
had
Mis
la
Royauté
hors
du
page
,
He
had
so
ordered
matters
,
that
the
Royal
State
should
be
no
more
a
Pupil
;
in
him
it
came
of
age
to
dispose
things
,
and
act
of
its
own
head
,
and
should
not
need
to
be
tutor'd
or
be
under
a
Guardian
any
longer
.
This
was
a
Prince
of
a
particular
humour
,
and
of
singular
endowments
.
It
was
no
wonder
if
he
did
not
like
the
check
of
a
Parliament
;
he
had
before
attempted
by
two
or
three
Rebellions
to
free
himself
from
the
Authority
of
his
King
and
Father
.
The
good
old
King
Charles
,
the
Seventh
,
weathered
the
open
violence
,
but
fear
of
poyson
overcame
him
;
insomuch
,
●hat
he
durst
neither
eat
nor
drink
any
thing
,
but
af●●r
five
days
fasting
dyed
.
And
now
Lewis
being
King
,
his
first
work
was
to
clear
the
Court
from
all
who
had
serv'd
his
Father
,
and
pack
off
all
the
Princes
of
the
Blood
,
and
ancient
Nobility
,
and
to
create
a
new
set
of
Nobles
and
Courtiers
for
his
purpose
.
The
people
took
the
Alarm
,
and
clamour'd
for
a
Parliament
to
regulate
disorders
,
and
prevent
the
evils
that
threatned
and
hung
over
them
.
A
Parliament
,
a
Parliament
,
was
the
cry
and
expectation
throughout
the
Kingdom
.
The
Bishop
of
Paris
and
Clergy
,
the
Courts
of
Justice
,
and
the
City
,
(
the
Three
bodies
of
greatest
consideration
and
gravity
)
presented
to
him
their
several
Remonstrances
.
He
(
dissembling
being
his
Talent
)
took
all
kindly
;
and
to
break
their
discontents
,
or
divert
them
,
he
took
six
persons
out
of
each
of
their
Companies
,
to
be
of
his
ordinary
Counsel
;
in
show
onely
;
for
in
effect
he
was
still
the
same
.
And
amongst
the
prosligate
rabble
about
the
Court
,
there
wanted
not
in
the
mean
time
a
sort
of
wretches
who
made
an
Hubbub
,
and
as
formally
declared
their
detestation
and
abhorrence
of
their
practises
that
had
importun'd
the
King
with
their
Remonstrances
,
and
call'd
it
an
unparallell'd
violation
of
their
duty
.
Nay
,
(
Philip
de
Comines
tells
us
,
)
the
Courtiers
went
so
far
,
they
call'd
it
Rebellion
to
mention
a
Parliament
.
Nor
was
it
strange
such
Cattle
then
should
be
sheltered
about
the
Court
,
when
a
Mounte
bank
was
set
up
for
Lord
Chancellor
,
Taylors
and
Barbars
(
Iohan
de
Doyac
,
Olivier
le
diable
dit
le
Dain
,
&c.
)
the
prime
Ministers
of
State.
This
jarring
and
misunderstanding
was
followed
by
a
Civil
War
,
which
was
call'd
The
publick
good
.
This
produc'd
a
Parliament
.
And
this
Parliament
would
no
longer
trust
Lewis
single
with
the
Administration
of
Affairs
;
but
appointed
him
Thirty
six
Commissioners
,
(
Curateurs
)
to
be
his
Assistants
.
However
,
In
the
War
,
he
had
sent
to
his
Allie
Alexander
Sforza
for
aid
;
who
returned
him
answer
,
that
Men
he
had
none
to
spare
,
but
would
give
advise
which
should
be
as
effectual
;
so
the
Italian
advis'd
him
Always
to
agree
with
his
Enemies
upon
any
conditions
,
then
find
the
opportunity
to
cut
their
Throats
.
According
to
this
,
Bodin
speaks
of
him
,
Pacem
inire
coactus
est
,
sed
eos
omnes
clam
aut
apertè
,
paucis
admodum
exceptis
,
necandos
curavit
fratrem
,
quoque
Carolum
veneno
.
This
is
the
dexterity
which
Comines
so
much
labours
to
gloss
over
,
and
set
a
countenance
upon
;
these
the
belles
Actions
,
and
the
finesse
,
which
the
Modern
French
so
much
celebrate
at
this
day
;
all
is
copyed
from
this
Original
.
Perjuries
and
Poysons
were
his
ordinary
Arms
,
yet
none
so
devout
,
none
so
superstitious
,
none
made
the
like
largesses
to
the
Church
.
But
his
Masses
and
Pilgrimages
did
always
portend
some
strange
horrid
Murder
about
to
be
executed
.
These
were
but
personal
Vices
;
his
eajoling
the
Citizens
,
and
affected
Gallantry
to
their
Wives
,
was
politick
enough
.
But
what
prov'd
most
effectual
to
his
design
of
changing
the
Government
,
and
excluding
Parliaments
,
was
his
laying
aside
the
Franc-Archers
;
who
hitherto
had
been
the
Train'd-bands
,
and
ordinary
Militia
of
the
Country
.
In
the
War
(
call'd
the
pulick
good
)
he
found
that
those
Franc-Archers
(
being
men
of
a
setled
Habitation
,
and
way
of
living
)
took
part
with
their
Landlords
and
Neighbours
against
him
;
therefore
from
thence-forward
he
slighted
them
,
and
by
beat
of
drum
from
Town
to
Town
,
gathered
and
listed
such
as
voluntarily
offer'd
themselves
to
his
service
.
These
were
then
called
Adventurers
,
because
they
sought
their
adventure
by
the
fortune
of
War
;
as
afterward
when
Charles
the
Eighth
carryed
them
over
the
Alps
,
they
got
the
name
of
Souldiers
,
from
the
Sold
or
pay
they
received
upon
that
Expedition
.
But
as
this
Lewis
could
not
trust
the
Militia
,
so
within
a
little
time
he
began
to
think
himself
not
safe
amongst
his
Adventurers
.
These
yet
were
not
remote
enough
from
the
interest
of
their
Countrey
,
and
had
some
small
sense
of
its
oppression
.
Thereupon
,
for
the
more
immediate
guards
of
his
person
,
he
takes
into
pension
Four
thousand
Switzers
.
And
by
that
establishment
,
seems
to
have
compleated
his
design
,
and
alter'd
the
old
Parliamentary
,
into
a
Military
Government
.
And
now
it
was
not
so
hard
a
matter
to
borrow
Money
of
the
Citizens
,
and
otherwise
make
those
Levies
which
no
King
before
him
ever
attempted
.
Thus
it
was
that
he
brought
the
Royalty
hors
du
page
;
or
,
rather
(
according
to
the
Paraphrase
of
their
Historian
Mezeray
)
hors
du
sense
&
du
raisonne
.
Though
in
Germany
the
condition
of
their
Parliaments
is
not
altogether
so
deplorable
and
desperate
;
yet
of
later
times
there
have
not
wanted
lusty
endeavours
by
force
and
by
artifice
to
destroy
them
.
Right
and
wrong
are
ever
the
same
,
but
Times
and
Manners
vary
faces
very
much
.
One
while
instead
of
all
other
penalty
for
a
crime
,
it
was
sufficient
that
the
Law
censur'd
it
with
an
improbè
factum
.
To
say
he
that
does
so
,
or
so
,
is
to
blame
,
was
more
effectual
and
coercive
in
those
Saturnian
days
,
than
are
Racks
and
Gibbets
with
us
.
Radamanthus
his
way
of
administring
Iustice
in
all
causes
between
party
and
party
,
was
by
putting
them
both
to
their
Oaths
,
and
determining
their
right
accordingly
.
This
,
says
Plato
,
was
a
proper
and
●eady
way
in
that
age
,
when
every
body
was
possessed
with
the
fear
of
God.
But
,
says
he
,
this
would
not
do
,
now
in
our
times
,
when
some
make
it
a
question
whether
there
be
a
God
or
no
;
others
make
a
doubt
whether
God
regards
what
we
do
on
earth
;
most
and
the
worst
of
men
have
a
conceit
,
that
though
there
be
a
God
,
yet
they
can
pacifie
him
with
their
vile
Adulations
,
their
Mummeries
and
their
Masses
;
so
that
they
may
still
be
as
wicked
as
they
please
.
Therefore
,
says
he
,
when
mens
opinions
are
chang'd
,
the
Laws
also
must
be
chang'd
;
for
,
otherwise
,
if
our
Iudges
now
were
to
make
Radamanthus
their
President
,
we
should
all
be
over
head
and
ears
in
Perjuries
.
The
like
may
be
observ'd
in
relation
to
Sovereigns
.
In
old
times
at
first
there
was
onely
a
simple
confidence
betwixt
them
and
their
people
.
And
never
were
Kings
so
reserv'd
,
as
then
when
they
had
no
bounds
.
Afterwards
,
the
Misbehaviour
of
some
Princes
introduced
that
check
of
a
Coronation-Oath
.
And
where
that
is
the
only
check
,
`t
is
an
argument
they
had
never
yet
been
there
tainted
with
the
Atheism
,
and
infidelity
,
which
Plato
mentions
;
but
had
continually
liv'd
and
rul'd
with
that
simplicity
and
religious
fear
,
so
memorable
in
those
days
when
Minos
and
Radamanthus
were
King
and
Chief
Justice
of
Crete
.
Claude
Seisselle
reckons
several
refrains
,
bridles
,
that
curb
the
French
Kings
.
But
now
when
the
old
Parliament
is
obsolete
,
this
would
be
remarkt
upon
,
as
a
graceless
unmannerly
Metaphor
,
in
the
refined
language
.
In
the
State
of
Venice
,
at
first
their
Prince
was
as
absolute
as
any
Barbarian
;
till
having
strayed
,
and
given
some
instances
of
humane
frailty
,
new
curbs
and
new
tyes
were
devised
for
him
.
But
the
Italian
prov'd
still
too
witty
to
be
held
by
any
.
The
Venetians
however
would
not
be
dallyed
withal
,
they
would
not
suffer
the
Transgressour
to
rejoyce
long
in
his
extravagance
,
but
pursued
him
with
exemplary
punishment
:
Sabellicus
reckons
to
the
number
of
Twelve
that
lost
their
Heads
for
slipping
their
bridles
.
At
the
length
,
when
the
Venetians
found
that
neither
the
simple
trust
was
sacred
,
nor
the
Coronation-Oath
inviolable
,
nor
the
exemplary
punishment
effectual
to
contain
their
Prince
within
the
bounds
that
were
consistent
with
a
Free
people
;
They
concluded
that
the
publick
safety
could
not
be
sufficiently
provided
for
,
and
secured
against
their
Prince
,
till
they
stript
him
of
all
the
reality
and
substance
,
leaving
him
barely
the
Formalities
and
Trappings
,
and
empty
shadow
of
Soveraignty
.
Now
to
come
to
the
Germans
;
what
ever
shifts
other
people
have
been
put
to
,
to
maintain
their
Liberty
,
they
(
it
should
seem
)
never
trusted
the
Soveraignty
out
of
their
own
hands
.
So
that
whether
it
be
a
mixt
,
or
what
other
sort
of
Government
you
call
it
;
the
great
Affairs
were
always
reserv'd
to
be
determin'd
in
Parliament
;
there
was
the
Supreme
power
,
there
was
the
Majesty
.
Yet
no
people
have
been
forwarder
in
adorning
their
Prince
with
all
the
Titles
and
expressions
of
greatness
,
and
an
arbitrary
,
uncontrolable
power
,
than
they
.
All
the
Acts
and
Laws
run
in
his
name
;
and
are
called
Caesars
Laws
,
and
Caesars
Constitutions
.
Where
the
Emperor
and
the
Empire
are
named
,
he
constantly
has
the
precedence
.
In
the
publick
Ordinances
and
Recesses
,
every
thing
from
him
are
stiled
Precepts
and
Commands
;
from
the
States
merely
obedience
and
prayers
,
though
he
cannot
wag
a
finger
without
their
consent
.
They
every
where
speak
of
,
and
own
in
him
a
fulness
of
power
vollncommenheit
.
And
this
they
give
also
to
the
King
of
the
Romans
at
the
same
time
;
to
show
the
emptiness
and
vanity
of
it
.
As
both
are
call'd
Heads
of
the
Empire
,
though
the
latter
has
no
power
at
all
,
during
the
Emperors
life
.
They
and
all
the
world
salute
him
by
the
Title
of
Imperial
Majesty
.
And
the
German
Style
will
not
allow
Majesty
to
any
other
Kings
;
die
Koniglicher
Wurde
,
not
die
Koniglicher
Maht
,
the
Kings
Worship
,
not
Majesty
.
Yet
after
all
,
Aeneas
Sylvius
says
,
in
Germ.
c.
43.
Imperatorem
,
&
Regem
,
&
Dominum
vestrum
esse
fateamini
,
precario
tamen
ille
imperare
videtur
,
nulla
ejus
potestas
est
.
The
shadow
and
flourish
onely
were
in
the
Emperor
;
but
the
jura
Majestatis
,
the
vis
imperii
,
the
essentials
of
Majesty
were
always
reserv'd
and
exercis'd
by
the
common
Assembly
,
as
by
the
particulars
may
more
plainly
appear
.
1.
One
of
the
Rights
of
Soveraignty
is
to
be
above
the
Law
,
and
to
give
Laws
to
the
people
.
Neither
of
these
Royalties
belong
to
the
Emperour
;
he
may
be
call'd
to
account
for
violating
the
Laws
.
In
the
Golden
Bull
,
the
Forms
and
Proceedings
against
him
are
stated
.
`
T
is
there
said
to
be
the
Custom
,
and
accordingly
setl'd
and
agreed
for
Law
,
that
the
Electors
may
Impeach
the
Emperor
,
in
the
Assembly
of
the
States
;
and
the
Count
Palatine
of
the
Rhine
,
as
Chief
Elector
,
is
to
be
the
President
or
Judge
.
For
the
Legislation
,
or
making
Laws
,
the
Emperor
proposes
,
the
States
are
free
which
Propositions
they
will
proceed
upon
.
When
an
Act
is
to
be
passed
,
the
Electors
have
six
Votes
,
the
Princes
six
,
the
Cities
two
,
the
Emperor
has
but
one
(
the
last
)
Vote
.
Without
a
Majority
he
can
do
nothing
:
They
can
Decree
without
him
if
he
is
absent
.
The
Ordinances
are
to
be
confirm'd
by
his
Seal
and
Subscription
;
but
if
the
States
persist
,
he
must
of
necessity
comply
.
Even
Charles
the
Fifth
in
vain
contested
that
point
,
as
may
be
seen
in
Sleidan
,
I.
4.
These
Sanctions
are
regularly
subscribed
by
Caesar
,
and
by
some
of
the
States
for
the
Empire
;
and
are
Enrolled
(
at
Mentz
)
in
the
Chancery
of
the
Empire
.
The
several
Members
of
the
States
are
sworn
to
be
true
to
the
Emperor
and
to
the
Empire
;
and
are
said
to
be
Subjects
of
the
Emperor
,
and
of
the
Sacred
Empire
.
2.
In
matters
of
Religion
,
in
all
times
,
the
head
of
the
State
had
the
Supreme
direction
,
as
it
was
said
of
Tiberius
,
Deûm
munere
summum
Pontificem
summum
hominem
esse
.
And
the
first
Christian
Princes
,
before
the
Papal
Tyranny
usurpt
upon
them
,
were
always
the
chief
Pontifs
,
and
receiv'd
the
Pontifical
Habit
from
that
Colledge
.
But
upon
the
Reformation
in
Germany
,
Anno
1555.
both
the
Emperor
and
Pope
were
excluded
,
and
their
Pontifical
Supremacy
abrogated
.
In
the
point
of
Religion
,
the
Emperor
was
not
consider'd
as
the
Chief
and
Head
of
the
Empire
,
but
as
a
party
:
for
by
joyning
himself
to
the
Roman
Catholicks
,
he
made
their
cause
and
concern
his
own
.
It
was
therefore
agreed
and
concluded
,
that
the
States
onely
should
determine
in
matters
of
Religion
;
and
that
with
a
tender
hand
,
in
an
amicable
way
onely
.
3.
War
and
Peace
are
transacted
in
the
name
of
the
Emperor
;
but
in
effect
,
all
is
reserv'd
to
the
States
.
He
must
at
the
least
have
the
consent
of
the
Electors
.
Yet
any
Prince
of
the
Empire
may
levy
Souldiers
,
may
make
Leagues
and
associations
without
any
bodies
leave
.
4.
For
Jurisdiction
,
and
the
last
Appeal
,
the
Civilians
say
the
Emperor
is
fons
omnis
Iurisdictionis
;
but
here
it
is
far
otherwise
.
The
Princes
,
in
causes
touching
their
Life
,
their
Honour
,
or
their
see
,
always
claim'd
their
Priviledge
das
fursten-recht
(
they
call
it
)
to
be
try'd
by
their
Peers
the
Princes
of
the
Empire
.
The
common
Pleas
were
tryed
by
the
Emperor
,
and
attended
his
motion
,
till
by
the
increase
of
Suits
,
that
Judicature
was
no
longer
Sufficient
,
the
Judges
grew
corrupt
,
and
many
other
inconveniencies
appearing
,
the
States
in
their
Assembly
at
Franckford
,
An.
1489.
ordered
a
place
certain
for
the
decision
of
those
ordinary
causes
;
whereupon
the
Imperial
Chamber
at
Spires
was
erected
.
All
the
Process
and
Decrees
of
the
Court
ran
in
the
Emperors
name
,
and
are
under
his
Seal
;
and
it
is
call'd
Caesars
Court.
But
it
is
also
call'd
the
Court
of
the
Empire
.
The
Emperor
onely
named
the
President
;
by
the
States
were
the
rest
of
the
Judges
appointed
;
and
the
other
Officers
of
the
Court
by
the
Elector
of
Mentz
Arch-Chancellour
of
the
Empire
.
The
States
likewise
execute
the
sentence
.
They
visit
and
reform
the
Court
by
their
Commissioners
;
and
to
these
visitors
are
the
Appeals
,
not
to
the
Emperor
.
Yet
some
voluntary
referenccs
that
were
made
to
the
Emperor
and
his
Privy-Council
,
and
to
their
Arbitration
,
gave
them
opportunity
of
late
to
usurp
a
Jurisdiction
.
5.
Taxes
are
all
Levyed
in
the
Emperors
Name
;
but
in
truth
nothing
of
that
nature
can
be
done
without
the
Assembly
of
the
States
.
Nor
is
the
Emperor
trusted
with
the
Money
in
his
Exchequer
;
the
States
keep
it
till
it
be
employ'd
;
they
have
their
several
Treasuries
.
Sometimes
the
several
Circles
keep
their
respective
Money
;
sometimes
a
publick
Treasury
is
agreed
upon
,
and
one
or
more
Pfenning-Meisters
(
PennyMasters
)
appointed
.
Anno
1495.
They
ordered
seven
Treasurers
,
one
to
be
named
by
the
Emperour
,
and
six
by
the
States
.
These
swear
to
the
States
.
And
if
any
be
by
special
Oath
or
obligation
bound
to
the
Emperor
or
other
particular
State
,
he
is
uncapable
of
that
trust
.
These
are
accountable
to
the
States
onely
.
If
the
occasion
for
which
the
Tax
was
rais'd
be
taken
away
,
the
Money
cannot
be
diverted
to
other
uses
,
but
by
the
consent
of
the
States
.
6.
The
chief
Magistrates
are
,
none
of
them
,
made
by
the
Emperor
.
The
Count
Elector
Palatine
is
Vicar
or
Protector
of
the
Empire
,
and
has
the
charge
of
it
in
the
Emperors
absence
.
The
Three
Ecclesiastical
Electors
,
who
are
chosen
by
their
Chapters
,
are
of
course
the
Arch-Chancellours
of
the
Empire
.
The
States
appoint
the
(
Reichs-Skak-Meister
,
or
Reichs-Psenning-Meister
)
the
Treasurer
of
the
Empire
.
Sometimes
they
leave
the
general
to
be
nam'd
by
the
Emperor
,
and
the
ten
Circles
appoint
their
several
Directors
or
Counsel
for
him
.
For
the
other
particulars
,
as
the
inspection
and
care
of
Coyning
Money
,
the
hearing
and
sending
Ambassadours
,
&c.
the
Emperour
has
no
great
matter
of
advantage
above
the
other
States
.
On
a
common
account
,
where
the
concern
is
general
the
States
must
be
consulted
;
and
nothing
can
be
done
without
their
consent
and
approbation
.
The
Electors
are
in
possession
,
and
exercise
a
particular
Soveraignty
in
some
points
of
greatest
moment
.
They
are
the
Trustees
and
Representative
of
the
whole
Empire
,
in
their
Election
of
the
Emperor
.
And
hereupon
they
undertake
likewise
to
loosen
his
power
,
or
tye
it
up
short
;
and
make
what
Capitulations
they
please
with
him
.
And
thereby
would
assume
to
themselves
more
than
the
other
States
will
ever
be
content
to
allow
them
.
But
the
Emperour
singly
,
besides
the
name
,
and
pomps
,
and
empty
Titles
,
has
very
little
of
the
substantial
Soveraignty
entrusted
with
him
.
The
Investiture
of
the
great
fiefs
belongs
to
him
.
This
is
a
Prerogative
goodly
in
show
,
and
were
of
moment
,
could
he
lay
any
conditions
or
charge
on
the
person
invested
;
but
nothing
is
left
to
his
will
;
he
cannot
deny
,
nor
delay
the
lawful
Heir
.
Nor
does
the
Fee
for
want
of
Heirs
Escheat
to
the
Emperor
,
but
to
the
publick
Patrimony
.
He
grants
Priviledges
,
where
a
third
person
or
the
Publick
is
not
injur'd
.
He
founds
Universities
,
grants
Fairs
,
makes
Denizens
,
&c.
He
Creates
Kings
,
Princes
,
Dukes
,
Marquises
,
Counts
,
Poet-Laureats
,
Doctors
,
&c.
He
gives
onely
the
bare
Titulary
honor
of
Prince
,
but
not
the
qualifications
;
he
cannot
make
him
capable
to
sit
and
Vote
amongst
the
other
Princes
of
the
Empire
.
So
that
here
the
States
are
not
subject
to
that
imposition
which
the
Roman
Senate
once
suffer'd
under
Tarquinius
Priscus
,
who
created
an
hundred
new
Senators
,
to
the
end
he
might
be
sure
of
a
Court-party
,
by
his
Creatures
,
and
have
a
majority
of
Votes
in
the
House
.
In
short
,
the
Germans
seem
to
have
observ'd
the
rule
in
Politicks
,
That
he
who
is
the
most
high
in
name
and
dignity
,
should
in
real
power
be
the
least
considerable
.
Yet
in
the
last
age
,
the
States
gave
way
to
several
innovations
,
which
prov'd
of
mischievous
consequence
afterwards
.
It
had
anciently
been
the
Custom
for
the
Assembly
of
the
States
,
to
send
for
the
Emperor
to
come
to
them
upon
occasion
;
so
Hincmar
tells
us
of
Charles
the
Great
,
Rogatu
ipsorum
in
Concilium
veniebat
,
quotiescunque
voluntas
esset
ut
ad
eos
veniret
;
similiter
quoque
quanto
spacio
voluissent
,
cum
iis
consisteret
,
&c.
Ep.
3.
c.
35.
Upon
their
Message
to
him
,
he
came
to
the
Assembly
,
as
often
as
they
had
a
mind
he
should
come
to
them
;
and
in
like
manner
he
stayed
so
long
with
them
as
they
desired
.
And
this
custom
continued
,
as
may
be
seen
in
Lehem
.
l.
7.
c.
80.
and
c.
113.
till
under
Maximilian
.
And
then
the
States
began
to
go
to
the
Emperor
.
This
Maximilian
likewise
,
upon
pretence
of
sudden
occasions
that
admitted
not
delays
,
would
now
and
then
be
acting
single
,
and
usurping
in
several
particulars
the
power
that
of
right
could
only
be
exercised
by
the
States
.
Therefore
the
States
,
An.
1500.
to
take
off
these
pretences
,
and
prevent
all
attempts
of
this
kind
,
and
partly
,
peradventure
,
for
their
own
ease
,
substituted
in
their
absence
a
Committee
,
which
they
call'd
the
Regiment
,
and
the
Members
Regents
.
This
Regiment
was
an
Epitome
of
the
whole
Empire
,
and
was
endued
with
all
the
powers
and
Soveraignty
accordingly
.
It
consisted
of
Twenty
persons
,
who
were
chosen
out
of
the
several
Orders
of
the
States
;
and
took
an
Oath
to
be
true
to
the
Emperor
,
and
to
the
Sacred
Empire
.
The
Emperor
or
his
Proxie
was
their
President
;
but
lest
this
might
give
too
great
advantage
to
the
Emperor
,
an
Elector
was
added
,
as
a
joynt-president
with
the
Emperor
or
his
Proxie
.
No
person
of
dependance
on
,
or
particular
obligation
to
the
Emperor
,
was
capable
of
being
a
Member
.
The
Emperor
had
no
more
Vote
than
any
one
of
the
Twenty
Regents
;
nor
could
determine
ought
,
unless
the
majority
were
for
him
.
These
were
not
simply
to
consult
,
but
had
the
execution
also
.
This
Constitution
held
for
some
years
.
And
then
the
Annual
Assembly
returned
,
and
resumed
their
power
,
and
acted
again
.
But
in
case
of
sudden
necessity
,
left
another
expedient
for
the
Emperor
.
They
constitute
for
him
a
Councel
consisting
of
Eight
persons
,
Four
chosen
by
the
Electors
,
and
Four
by
the
other
States
.
These
were
sworn
to
be
true
to
the
Emperor
and
to
the
Empire
,
Scweren
der
Keyserlichen
Majestat
und
dem
heiligen
reichs
getreu
,
&c.
But
Charles
the
Fifth
coming
to
Reign
,
he
was
upon
the
new
Model
immediately
.
He
restor'd
the
Regiment
,
but
the
conditions
altogether
different
.
Now
it
consisted
not
of
Twenty
,
but
Twenty
two
persons
.
He
as
Emperor
would
have
Two
Votes
added
;
thereby
in
effect
to
be
Master
of
Five
Votes
;
Two
as
Emperor
,
One
as
President
;
One
for
Austria
,
and
One
for
Burgundy
.
The
former
Regiment
might
,
according
to
the
old
custom
,
send
for
the
Emperor
to
come
to
them
.
Now
it
was
order'd
that
Caesar
might
call
them
to
what
place
he
had
a
mind
.
Formerly
,
if
the
Emperor
came
not
,
they
might
proceed
without
him
;
now
,
Charles
the
Fifth
forbad
them
to
make
Leagues
and
Allyances
,
or
do
ought
in
his
absence
.
The
Oath
was
alter'd
,
and
the
Members
were
only
sworn
to
the
Emperor
,
and
said
to
be
the
Councel
of
the
Emperor
;
whereas
the
former
was
called
the
Councel
of
the
Empire
.
In
the
former
constitution
,
the
Elector
in
the
name
of
the
Empire
subscribed
their
Ordinances
;
here
,
with
the
Electors
subscription
is
joyned
that
of
the
President
,
in
the
name
of
the
Emperor
.
In
short
,
the
former
was
constituted
by
the
States
,
and
entrusted
with
their
power
,
to
be
a
check
upon
the
Emperor
;
this
was
formed
by
Caesar
,
to
quiet
the
people
,
and
entertain
them
with
a
show
;
whilst
he
the
more
insensibly
made
his
advances
to
invade
their
ancient
Rights
,
and
usurp
all
the
power
into
his
own
hands
.
The
next
project
in
case
of
Emergencies
,
was
the
Assembly
of
the
Deputies
.
This
consisted
of
the
Six
Electors
,
Six
other
Princes
,
and
Two
Cities
;
to
which
were
after
added
Four
Princes
more
.
This
continued
till
An.
1606.
with
some
effect
.
Afterwards
it
prov'd
of
little
consequence
,
Court-artifice
prevailing
,
and
the
Ferdinands
found
a
way
to
manage
the
Deputies
,
and
render
them
as
unprofitable
to
the
publick
,
as
Charles
the
fifth
had
made
the
Regiment
.
The
second
Ferdinand
called
what
Deputies
he
knew
would
Vote
for
him
,
the
rest
he
excluded
,
and
supplyed
their
place
with
others
,
who
he
understood
were
entirely
at
his
devotion
,
as
he
told
my
Lord
Digby
,
Ambassadour
with
him
,
An.
1621.
Lundorp
,
Tom.
2.
Amongst
these
projects
,
may
be
mentioned
the
Councel
of
the
Emperours
Court
,
and
the
Privy-Councel
.
These
also
,
that
they
might
show
as
if
the
Empire
had
the
interest
in
them
,
were
at
the
first
sworn
to
the
Elector
of
Mentz
,
as
Arch-Chancellour
of
the
Empire
.
Which
Oath
came
after
some
time
to
be
omitted
.
Thus
we
have
seen
that
the
Custom
of
the
Empire
was
to
have
a
yearly
Assembly
;
these
at
the
end
of
their
Session
always
appointed
the
time
and
place
for
their
next
meeting
.
If
necessity
for
them
sooner
,
then
was
the
Emperor
to
call
an
Assembly
extraordinary
;
which
happening
frequently
,
the
States
for
their
ease
appointed
the
Regiment
,
and
other
expedients
.
This
gave
a
President
for
the
Emperors
to
devise
something
of
the
like
nature
,
which
they
might
more
easily
pervert
to
their
own
Arbitrary
Interest
and
advantage
.
If
it
have
but
the
name
or
resemblance
,
the
people
look
no
farther
;
they
see
not
into
the
trick
and
secrets
of
it
;
they
are
led
by
the
appearance
so
long
,
till
they
are
past
recovery
,
and
no
way
is
left
them
for
a
retreat
.
And
indeed
the
Emperors
of
the
last
Age
ceased
to
deal
bonâ
fide
;
the
old
German
honesty
wore
out
of
fashion
.
And
they
no
longer
treated
on
the
square
with
their
people
.
Artifice
and
juggle
came
in
place
:
and
in
the
days
of
Charles
the
Fifth
,
began
to
get
a
specious
appellation
,
and
be
named
(
forsooth
)
Reason
of
State.
But
more
especially
,
since
the
Jesuits
there
have
refined
upon
the
Court-sophistry
,
and
minc'd
away
all
the
old
remains
of
Morality
and
Conscience
;
for
the
Jesuits
could
the
worst
of
all
other
,
endure
these
same
mixt
Governments
.
They
would
have
the
Pyramid
inverted
,
and
the
whole
stress
of
things
rest
upon
one
single
leg
,
that
their
art
might
play
the
more
freely
,
and
they
the
more
cleverly
trip
it
down
.
This
broad-bottom'd
Monarchy
,
and
Government
founded
on
the
people
,
puts
them
to
other
measures
;
a
dose
of
poyson
,
or
consecrated
dagger
,
will
not
do
the
work
.
They
must
here
go
about
and
about
,
make
slow
approaches
,
ripen
a
Plot
of
many
years
,
and
draw
a
long
concatenation
of
Intrigue
,
ere
they
can
think
to
compass
their
design
.
When
the
Commonwealth
has
but
one
neck
,
the
Jesuit
will
have
it
under
his
girdle
;
if
not
,
one
blow
does
the
feat
,
and
his
dexterity
is
admirable
.
Therefore
in
Germany
the
Jesuits
have
left
no
stone
unturned
,
for
their
part
,
to
bring
all
the
Soveraign
power
from
the
States
to
the
Emperor
.
And
to
that
end
,
of
late
times
the
Emperor
(
whether
by
their
influence
upon
his
Councels
or
no
,
is
not
our
enquiry
)
has
employed
all
the
undue
practises
,
and
set
all
engines
a-work
,
to
render
the
publick
Assembly
useless
,
burthensome
,
and
odious
to
the
people
.
On
this
foot
,
care
has
been
taken
that
some
vexatious
Tax
should
be
the
only
result
and
conclusion
of
every
Session
;
Aid
against
the
Turk
,
was
a
constant
perpetual
pretence
;
Money
the
Head
of
all
his
Proposals
,
Money
the
effect
and
substance
of
all
his
Speeches
.
This
affair
once
adjusted
,
other
Debates
were
out
of
doors
,
Grievances
not
then
longer
to
be
toucht
upon
,
but
all
adjourn'd
to
another
Session
.
Besides
the
mischievous
devises
to
embroyl
the
States
amongst
themselves
,
and
turn
all
their
heat
upon
fruitless
disputes
and
altercations
.
In
the
second
place
,
the
Electoral
Colledge
have
not
been
too
fair
in
their
respects
to
the
Diet.
These
could
be
content
that
betwixt
Caesar
and
themselves
all
the
matters
of
State
be
transacted
.
And
have
sometimes
accordingly
strecht
a
Text
of
the
Golden
Bull
to
serve
a
turn
;
and
collogued
with
him
,
that
he
again
might
be
complacent
to
them
;
till
that
amongst
them
the
publick
patrimony
and
common
right
and
Prerogatives
of
the
Empire
become
engrost
in
a
few
hands
,
and
made
a
spoyl
to
their
unreasonable
ambition
.
These
Electors
must
every
one
,
under
his
Hand
and
Seal
,
signifie
their
consent
to
the
Emperor
,
before
he
can
summon
an
Assembly
of
the
States
.
They
got
to
themselves
the
making
of
the
Emperor
.
And
now
in
effect
the
States
cannot
meet
without
their
order
.
They
were
wont
to
be
reckoned
six
Electors
,
to
some
purposes
seven
,
now
they
make
eight
;
but
before
they
fill
up
the
number
of
the
Roman
Decemviri
,
they
will
remember
their
fate
.
These
ten
(
as
Livy
tells
us
)
having
got
all
the
Supreme
Authority
for
a
time
into
their
hands
,
that
they
might
reign
absolute
,
took
an
Oath
together
never
to
call
the
Common
Councel
.
Yet
their
Tyranny
held
not
long
.
This
cheat
would
not
down
with
the
old
Romans
;
but
with
a
general
indignation
they
break
over
the
Forms
and
Captivity
of
the
letter
,
for
that
old
Law
in
Homer
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
to
free
their
Country
from
slavery
,
they
executed
an
unwarranted
piece
of
Justice
upon
these
ten
Usurpers
,
or
Ten
Tarquins
,
as
some
body
then
call'd
them
.
Lastly
,
the
States
have
not
a
little
been
wanting
to
themselves
,
in
the
affair
of
this
their
so
ancient
and
fundamental
Prerogative
.
One
principal
cause
(
amongst
many
others
)
has
been
their
differences
about
Religion
.
For
the
Protestants
being
sure
to
be
out-voted
in
the
Dyet
,
think
they
can
barter
with
Caesar
for
better
conditions
.
And
are
therefore
well
enough
content
that
the
yearly
Assembly
be
neglected
.
In
a
word
,
the
German
Diet
is
still
on
foot
,
rather
incumberd
,
and
clogged
,
and
puzled
,
than
destroyed
.
The
Parliament
of
France
seems
quite
antiquated
and
subdued
;
the
Ghost
and
shadow
of
the
defunct
has
appeared
three
or
four
times
since
Lewis
the
Eleventh
.
But
to
revive
that
Assembly
in
its
full
and
perfect
vigor
,
requires
a
Miracle
like
the
Resurrection
.
So
that
in
effect
,
we
may
date
the
demise
of
the
Parliamentary
Soveraignty
in
France
,
from
Lewis
the
Eleventh
;
and
the
decay
of
that
in
Germany
from
Charles
the
Fifth
.
It
is
in
England
onely
that
the
ancient
,
generous
,
manly
Government
of
Europe
survives
,
and
continues
in
its
original
lustre
and
perfection
.
Were
there
not
something
in
that
saying
of
the
Emperor
Maximilian
,
that
the
French
King
is
a
King
of
Asses
;
yet
however
that
same
legereté
,
on
which
the
French
so
value
themselves
,
is
but
,
in
plain
English
,
a
lightness
of
humour
,
by
the
which
they
are
easily
piped
into
a
new
mode
of
Government
.
But
our
English
Ancestors
have
always
been
of
a
more
steady
principle
▪
more
wise
,
and
more
weigh'd
,
than
to
dance
after
their
Politicks
.
The
Reformation
of
Religion
leaves
no
room
at
our
Court
for
Jesuitical
infection
,
so
fatal
to
the
Germans
.
Nor
,
on
the
other
hand
,
have
we
yet
had
any
Swisse
Guards
,
or
Lewisses
for
our
Kings
.
Ours
have
still
been
true
English
Original
,
no
Copies
of
the
French.
Magna
Charta
,
instead
of
being
superannuated
,
renews
and
recovers
its
pristine
strength
,
and
athletick
vigor
,
by
the
Petition
of
Right
,
with
our
many
other
explanatory
or
declaratory
Statutes
.
And
the
annual
Parliament
is
as
well
known
to
our
Laws
,
as
ever
it
had
been
famous
amongst
the
Customs
of
France
and
Germany
.
I
have
not
formally
answered
many
Objectons
that
might
be
started
;
nor
much
regarded
the
single
instances
of
some
Historians
;
and
perhaps
may
be
judged
lame
in
several
particulars
that
I
have
slighted
.
Take
all
together
,
you
may
as
easily
find
an
answer
,
as
raise
a
scruple
.
But
the
short
of
what
I
would
have
said
,
is
,
You
are
not
to
expect
truth
from
an
Historiographer
Royal
:
it
may
drop
from
their
pen
by
chance
,
but
the
general
herd
understand
not
their
business
;
they
fill
us
with
story
accidental
,
incoherent
,
without
end
,
or
side
,
and
never
know
the
Government
or
policy
where
they
write
.
Even
the
Records
themselves
are
not
always
accurately
worded
.
The
style
of
the
Court
,
and
a
form
of
words
,
imposes
upon
many
.
Names
are
taken
for
things
,
Ceremonies
for
Essentials
.
The
Civilians
are
Vassals
to
a
For
reign
Jurisdiction
.
Caesar
,
the
Sword
,
the
Military
,
Imperial
(
or
rather
Imperatorial
)
Discipline
,
is
to
them
for
Scepter
and
Civil
Policy
.
The
Germans
,
An.
1441.
were
for
excluding
them
from
all
Offices
,
and
places
of
trust
.
Limnaeus
,
l.
1.
de
jure
publ
.
Our
common
Lawyers
are
for
comparing
and
measuring
by
their
rule
,
what
is
antecedent
and
above
their
rules
and
comparisons
.
Christs
Kingdom
is
not
of
this
world
;
nor
ought
the
Divines
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
to
meddle
in
this
Political
Province
.
In
the
general
notion
,
Monarchy
or
Kingly
Government
is
the
most
easie
,
and
the
most
excellent
.
But
corruption
coming
into
the
world
,
neither
the
Sons
of
Iupiter
,
nor
the
Sons
of
Hercules
,
found
perfection
entayled
upon
them
;
nor
were
exempt
from
their
share
of
humane
frailty
.
Many
(
says
Tasso
)
are
servants
by
fortune
,
who
are
naturally
Princes
:
some
again
,
though
descended
from
an
hundred
Kings
,
are
yet
born
to
be
slaves
;
and
(
maugre
all
their
high
race
of
Royal
Progenitors
)
will
be
commanded
,
and
governed
,
and
managed
by
a
Minion
,
or
a
Mistress
.
These
are
,
really
and
indeed
,
slaves
;
but
are
not
judged
such
,
because
the
people
,
who
onely
look
on
the
outside
,
judge
of
mens
conditions
,
as
in
Plays
,
where
he
is
call'd
a
King
,
who
,
clad
in
purple
,
and
glistering
with
Gold
and
Gems
,
does
personate
Agamemnon
:
if
he
does
not
represent
him
well
,
he
has
the
name
of
King
nevertheless
;
onely
't
is
said
,
The
King
was
out
in
his
part
,
or
,
The
King
acted
his
part
scurvily
.
And
Flavius
Vopiscus
,
in
Aurel.
Caes.
tells
us
,
Aurelius
Caesar
dicebat
,
Colligunt
se
quatuor
aut
quinque
,
atque
unum
Concilium
ad
decipiendum
Imperatorem
capiunt
;
dicunt
quod
probandum
sit
;
Imperator
qui
domi
clausus
est
,
vera
non
novit
,
cogitur
hoc
tantum
scire
,
quod
illi
loquuntur
;
facit
judices
quos
sieri
non
oportet
;
amovet
a
republicâ
,
quos
debebat
retinere
,
quid
multa
?
ut
Dioclesianus
ipse
dicebat
,
Bonus
,
cautus
,
optimus
venditur
Imperator
.
Aurel●us
Caesar
was
wont
to
say
,
Four
or
five
get
together
about
the
Emperor
;
all
their
consult
is
,
how
to
cheat
him
;
what
they
say
,
is
to
be
Law
;
the
Emperor
,
who
is
shut
up
from
other
Counsel
,
never
knows
the
true
state
of
things
;
but
is
forced
to
understand
just
so
much
onely
,
as
they
tell
him
;
he
makes
Iudges
,
who
the
least
of
all
should
be
;
turns
out
of
Commission
those
who
ought
to
be
the
quorum
;
in
a
word
(
according
to
Dioclesian's
saying
)
the
Emperor
,
so
good
,
so
wary
,
and
so
too
too
good
,
is
bought
and
sold
before
his
face
.
If
then
it
be
true
,
that
he
who
is
of
Royal
Extraction
,
clad
in
Purple
,
and
called
a
King
,
is
not
always
naturally
such
;
it
was
wisdom
,
certainly
most
seasonable
,
to
find
the
means
that
might
correct
,
and
(
as
it
were
)
ensure
Nature
against
the
impotence
and
Tyranny
of
the
Minion
or
Mistress
which
Tasso
mentions
.
And
if
the
observation
of
Aurelius
Caesar
be
just
,
that
Cabals
are
so
pernicious
;
and
that
four
or
five
persons
who
get
the
Prince
into
their
hands
and
possession
,
shall
abuse
,
and
cheat
,
and
betray
him
to
his
face
,
in
spite
of
all
his
goodness
,
his
caution
,
and
Royal
Vertues
;
if
,
I
say
,
these
things
be
true
,
the
necessity
of
Parliaments
cannot
be
disputed
.
Homer
reckoned
it
barbarity
in
the
degree
remotest
from
all
things
of
God
and
goodness
,
and
a
Cyclopean
presumption
to
rule
without
Parliaments
.
Old
Hesiod
in
his
homely
way
gives
an
Aenigmatical
reproof
to
those
Kings
that
would
be
grasping
all
,
and
be
so
absolute
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
as
if
he
had
said
,
These
fools
know
not
,
how
much
more
the
half
is
than
the
whole
;
and
that
a
shoulder
of
Mutton
,
with
the
love
of
the
people
,
is
more
worth
than
the
ragoust
,
and
the
hautgousts
,
and
all
the
French
Kickshaws
whatsoever
.
Plato
tells
us
,
that
even
in
Asia
,
they
who
performed
any
great
Atchievements
,
or
enlarged
the
Empire
,
were
those
(
as
the
grand
Cyrus
,
for
example
)
who
slackened
the
Prerogative
,
and
admitted
the
people
to
a
share
in
the
Government
.
But
such
as
Cambyses
,
who
against
all
sense
and
reason
stretcht
and
strutted
upon
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
Lordly
domination
,
brought
all
again
into
confusion
and
ruine
.
Amongst
the
Latins
,
even
the
founder
of
the
Roman
name
,
Romulus
,
because
he
took
upon
himself
an
Arbitrary
power
,
to
rule
without
the
Senate
,
they
(
it
is
thought
)
tore
him
to
pieces
,
insomuch
,
that
they
left
nothing
of
his
body
for
a
spectacle
to
the
rabble
;
as
afterwards
their
Successors
unluckily
did
,
who
kill'd
Caesar.
The
Imperial
power
that
began
with
the
Caesars
,
was
onely
Magnum
Latrocinium
,
one
huge
horrid
oppression
.
Military
Government
,
Martial
Law
,
barbarous
Nations
,
Goths
and
Vandals
,
over-ran
,
and
made
havock
of
the
old
Civil
Roman
Empire
.
In
Britain
,
Gaul
,
and
Germany
,
all
this
while
,
liberty
,
and
a
participation
in
the
Government
,
was
the
common
right
and
inheritance
unalienable
;
the
Common
Councel
was
the
basis
and
hinge
,
however
the
administration
roul'd
.
Afterwards
,
when
Germany
gave
us
people
,
it
gave
us
a
German
and
a
free
people
.
About
An.
Dom.
800.
Charlemain
(
or
Charles
the
Great
)
united
France
and
Germany
under
one
Head
,
and
one
Empire
;
pire
;
all
Histories
are
full
of
his
Reign
and
Actions
:
he
rul'd
more
solenni
,
secundum
morem
,
in
the
old
customary
Parliamentary
way
,
every
where
.
The
Nations
round
about
submitted
and
took
Laws
from
him
;
and
he
submitted
all
again
to
the
(
ordinatum
)
the
Ordinance
of
Parliament
.
An
annual
Parliament
was
then
reckoned
the
Custom
,
and
inviolable
right
of
the
people
.
And
thus
the
affairs
of
State
proceeded
,
and
this
Scheme
of
Government
continued
in
Germany
,
till
the
late
unhappy
divisions
about
Religion
,
weakning
and
embroyling
the
States
,
gave
way
to
the
Austrian
ambition
,
new
projects
,
and
Jesuitical
artifice
;
so
that
the
Assembly
of
the
States
,
at
this
day
,
keeps
on
foot
(
indeed
)
but
sick
,
heavy
,
and
unweildy
.
The
French
Court
had
much
sooner
learnt
the
terms
de
proprio
Motu
,
&
potestate
absolutâ
,
by
their
neighborhood
and
correspondence
with
the
Pope
at
Avignon
.
But
so
long
as
the
English
Arms
kept
them
in
mind
of
their
Mortality
,
it
was
no
time
for
them
to
think
of
ruling
without
a
Parliament
.
But
when
Charles
the
Seventh
had
sent
home
the
English
,
Lewis
the
Eleventh
,
with
(
Olivier
le
diable
)
his
Barbars
,
and
his
cut-throat
devils
,
thought
no
attempt
too
wicked
for
them
.
He
(
forsooth
)
was
hors
du
page
;
he
wanted
not
to
be
led
,
he
was
past
an
Infant
;
and
a
lowd
outcry
he
made
against
the
unmannerly
,
clump-fisted
,
bumpkin
Parliament
.
But
when
the
bien
publique
,
or
War
for
the
publick
good
,
hindred
him
from
bringing
about
his
design
openly
and
directly
,
he
compast
it
,
in
effect
,
by
slighting
the
Militia
,
and
laying
his
project
of
a
standing
Army
.
In
England
we
have
also
heard
of
Minions
,
and
Mistresses
,
and
Cabals
;
and
have
had
unhappy
Princes
.
But
the
Laws
and
old
Customs
of
the
Land
,
the
generosity
of
the
people
,
and
the
Genius
of
the
Nation
,
have
still
prevailed
,
and
been
too
strong
for
all
their
practises
and
machinations
.
When
the
Normans
came
to
the
Crown
,
after
some
years
of
ease
and
pr●sperity
,
they
began
to
forget
on
what
conditions
they
had
entered
.
Conquest
was
a
short
,
a
compendious
Title
,
and
without
intricacy
.
And
now
likewise
the
Church-men
were
every
where
agog
for
changing
the
Government
both
of
Church
and
State
,
into
absolute
Monarchy
.
But
the
best
on
't
was
,
the
pretences
were
visible
and
notorious
.
Besides
that
the
Temporal
and
Spiritual
,
the
Prince
and
the
Prelatical
Lord
could
not
agree
who
should
be
Supreme
.
Which
differences
gave
breath
to
the
people
,
and
put
into
their
hands
an
opportunity
to
assert
their
ancient
just
Rights
,
and
bottom
all
upon
the
Parliament
again
.
And
now
,
since
the
Great
Charter
,
and
Petition
of
Right
,
and
the
many
other
declarations
,
what
can
threaten
us
?
Neither
the
Gunpowder
Treason
,
nor
the
late
more
sacred
invention
of
a
Pensioned
Parliament
,
could
take
effect
.
No
room
is
left
amongst
us
for
a
standing
Army
,
which
enslaved
the
French.
And
(
our
Franc-Archers
)
our
Militia
continues
after
the
old
Model
,
Nor
,
with
us
,
as
in
Germany
.
,
is
the
Papist
like
to
bear
up
against
,
and
balance
our
Protestant
Votes
in
Parliament
;
thereby
to
render
the
Constitution
useless
and
unpracticable
.
And
it
may
be
hoped
,
we
shall
never
so
far
give
way
,
and
be
gull'd
by
Jesuitical
artifice
,
to
find
another
division
in
Religion
amongst
us
;
that
may
favour
their
designs
,
and
,
under
other
names
,
do
their
work
as
compleatly
.
You
need
not
be
caution'd
to
distinguish
Plato
the
Divine
,
from
Plato
the
Philosopher
.
Poets
and
Divines
,
you
know
,
have
a
particular
way
of
expression
,
and
give
their
thoughts
a
turn
different
from
that
of
other
people
.
They
attribute
every
thing
to
God
;
though
the
whole
operation
and
train
of
causes
and
proceedings
●e
never
so
natural
and
plain
before
their
face
,
the
Images
they
make
are
often
taken
in
the
grossest
sense
,
and
worshipped
by
the
vulgar
;
and
many
times
the
Statesman
is
willing
to
contribute
to
their
Idolatry
.
Hence
it
comes
,
that
for
the
Persians
,
Zoroaster
was
said
to
receive
his
Laws
from
Horomasis
;
Trismegistus
,
for
the
Aegyptians
,
from
Mercury
;
Minos
for
the
Cretans
from
Iupiter
;
Charondas
for
the
Carthaginians
from
Saturn
;
Lycurgus
for
the
Lacedemonians
from
Apollo
;
Draco
and
Solon
for
the
Athenians
from
Minerva
;
Numa
Pompilius
for
the
Romans
from
Aegeria
;
Xamolxis
for
the
Scythians
from
Vesta
;
and
all
these
as
truly
,
as
Mahomet
had
his
Alcoran
from
the
Angel
Gabriel
.
This
sort
of
Doctrine
went
currant
enough
whilst
Monkery
and
Ignorance
sat
in
the
Chair
;
but
now
in
an
Age
of
History
and
humane
Reason
,
the
blind
Traditions
go
hardly
down
with
us
.
So
that
Iure
Divino
at
this
day
makes
but
a
very
litigious
Title
.
Nor
was
it
consistent
with
the
brevity
of
a
Letter
,
to
observe
minutely
how
long
the
remains
of
the
Roman
domination
continued
amongst
us
;
as
,
namely
,
That
the
Roman
was
the
only
authentick
Language
for
judicial
matters
in
Germany
,
till
the
Reign
of
Rudolph
the
first
,
about
the
year
1287.
in
England
till
Edward
the
Third
,
in
France
till
Francis
the
First
.
But
in
Church
affairs
,
that
old
mark
of
slavery
is
not
yet
worn
off
:
the
spiritual
Emperor
will
remit
nothing
,
he
still
holds
his
Vassals
to
the
Roman
Tongue
even
in
Divine
Service
;
onely
in
England
,
and
where
the
Reformation
has
prevailed
,
this
,
with
the
other
appurtenances
of
Roman
bondage
,
are
no
longer
necessary
.
Nor
is
it
proper
in
this
general
draught
to
reflect
on
all
the
several
steps
,
and
little
dispositions
to
change
,
in
each
Nation
.
As
how
sometimes
a
practice
has
prevailed
against
the
form
and
letter
;
sometimes
the
form
of
words
has
been
necessary
,
but
the
practice
obsolete
.
The
use
in
Commissions
of
the
phrase
,
pour
en
jouyr
tant
qu'il
nous
plaira
,
was
not
known
in
France
till
Lewis
the
Eleventh
tryed
its
vertue
;
which
occasioned
their
Parliament
,
An.
1467.
to
ordain
that
notwithstanding
the
clause
tant
qu'il
nous
plaira
,
Offices
should
not
be
voyd
save
only
by
death
,
resignation
,
or
forfeiture
;
as
Pasquier
in
his
Recherches
informs
us
.
But
peradventure
,
since
it
has
been
so
much
controverted
of
late
amongst
us
who
are
the
Three
States
,
and
the
word
occurring
so
frequently
in
the
German
Tongue
,
you
may
expect
some
account
who
they
be
that
have
the
name
of
States
in
Germany
.
They
express
the
word
States
in
their
own
Language
,
and
call
them
Stands
,
and
Reich-stands
,
because
,
says
Goldastus
,
the
Empire
stands
and
rests
upon
them
,
as
upon
its
basis
and
pillars
.
Status
Imperii
dicantur
,
quod
in
illis
,
ceu
membris
,
id
est
,
basibus
&
columnis
,
ipsum
Imperium
stet
&
subsistat
.
Those
are
said
to
be
Stands
,
who
have
the
right
to
sit
and
Vote
in
the
common
Assembly
of
the
Empire
.
Hi
quidem
status
,
Reichs-stands
appellantur
,
ideo
,
quod
statum
&
locum
votandi
&
sedendi
in
Comitiis
Imperii
habent
;
hâc
quippe
unicâ
&
propriâ
quasi
notâ
,
status
ab
aliis
Imperii
subject
is
secernuntur
,
Arumaeus
,
c.
4.
de
Comitiis
.
So
that
all
the
question
is
,
how
many
several
ranks
,
or
distinct
orders
,
there
may
be
of
these
Stands
.
From
Polybius
we
have
had
a
particular
account
of
mixt
Governments
,
where
he
calls
those
that
represent
the
Monarchical
,
the
Aristocratical
,
and
the
popular
State
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
The
three
governing
parts
of
the
Common-wealth
.
So
the
King
,
the
Senate
,
and
the
Ephori
at
Sparta
;
the
Consuls
,
the
Senate
,
and
the
Tribunes
at
Rome
,
were
there
the
Three
States
,
and
had
each
their
particular
shares
in
the
Government
.
The
like
seems
to
have
obtain'd
in
France
,
under
the
names
of
the
King
,
the
Peers
,
and
the
Third
State.
Nor
did
the
power
of
the
Clergy
,
how
great
soever
otherwise
,
make
any
new
distinct
Order
,
but
they
were
mixt
and
included
with
the
other
States
;
as
their
Learned
Archbishop
Claude
Seisselle
in
his
Treatise
of
the
French
Monarchy
,
shows
us
.
In
Germany
how
the
Government
has
been
shared
,
and
who
have
had
a
right
of
Voting
in
old
times
,
we
may
learn
from
what
has
before
been
cited
out
of
Tacitus
;
the
Rex
,
the
Principes
,
and
the
Omnes
,
denote
the
Three
States
,
who
had
their
several
shares
,
and
right
of
Voting
in
the
Government
.
The
same
distinction
continued
still
under
the
Western
Empire
.
Hincmar
,
at
the
yearly
Assembly
,
or
generale
placitum
under
Charlemain
,
does
comprehend
all
under
the
terms
of
Seniores
and
Minores
.
So
that
the
Emperor
,
the
Seniors
,
and
the
Commons
,
seem
to
have
then
been
the
Three
States
.
Senior
(
which
the
Germans
exprest
in
their
Ealdermen
)
we
may
suppose
,
was
a
word
grew
currant
in
the
Provincial
,
or
vulgar
Roman
about
that
time
;
and
afterwards
was
diversifyed
into
Sieur
,
and
Sire
,
and
Sir
,
and
Monsignior
,
and
Monsieur
,
and
was
ordinarily
applyed
to
Men
in
great
Office.
Cum
Seniori
urbis
nunciata
fuissent
,
&c.
Seniores
loci
illius
,
&c.
Nihil
per
me
feci
,
nisi
quae
mihi
,
a
Dominis
nostris
&
Senioribus
Imperata
sunt
,
&c.
Tempore
Senioris
nostri
,
&c.
ex
parte
Senioris
mei
Caroli
,
&c.
These
and
the
like
passages
,
in
Gregory
Turonensis
,
may
show
the
extent
of
the
word
,
and
that
the
Seniores
in
Hincmar
,
were
the
same
with
the
Principes
in
Tacitus
.
Nor
did
the
Signiories
become
Hereditary
till
Otho
the
first
his
Reign
.
But
what
most
affected
the
Government
,
and
proved
of
greatest
consequence
in
this
affair
,
was
the
innovations
that
hapned
in
Frederic
the
Third
his
time
:
for
whereas
formerly
a
Proclamation
was
wont
to
be
issued
out
,
for
summoning
the
Assembly
,
whereupon
,
Delecti
ex
singulis
Civitatibus
,
says
Aymoinus
,
from
every
Town
and
City
were
chosen
the
Burgesses
and
Citizens
to
go
their
Representatives
to
the
Assembly
;
Now
so
many
griev'd
at
the
charge
,
neglected
the
Proclamations
,
that
oftentimes
the
Assembly
could
not
proceed
for
want
of
a
competent
number
of
Members
.
Wherefore
Frederic
let
the
Proclamations
alone
,
and
instead
thereof
,
sent
particular
Letters
to
the
several
Towns
;
and
henceforward
none
took
themselves
obliged
to
attend
,
who
had
not
Letters
directed
to
them
.
Many
of
the
poorer
Towns
were
glad
to
be
excused
,
and
private
Gentlemen
left
off
going
:
so
that
within
a
little
time
the
Government
was
brought
into
a
few
hands
,
and
every
day
rendered
less
and
less
popular
.
Those
Cities
that
preserved
their
share
in
the
Government
,
and
right
of
Voting
,
by
continuing
to
send
their
Representatives
to
the
Assembly
,
are
now
therefore
called
Imperial
Cities
.
Although
the
Electoral
Princes
had
a
name
much
sooner
,
yet
were
they
still
one
and
the
same
State
with
the
other
Princes
,
till
under
this
Frederic
,
in
the
Dyet
at
Francford
,
An.
1489.
they
parted
,
and
became
a
particular
Assembly
,
and
Voted
severally
,
and
from
that
time
got
the
name
of
a
distinct
State
,
and
form'd
a
new
sort
of
an
Aristocratie
by
themselves
.
Yet
all
this
while
the
Clergy
did
never
set
up
for
a
separate
Order
in
the
Common-wealth
,
but
always
made
a
mixt
State
with
the
Layety
;
mixt
they
are
in
the
Electoral
State
,
and
mixt
in
that
of
the
Princes
,
where
the
Geistlicher
and
Weltlicher
,
Ghostly
and
worldly
(
as
they
call
'um
)
together
with
the
Counts
,
Barons
,
and
other
Gentlemen
,
make
but
one
State.
They
have
indeed
a
particular
Bench
(
die
geistliche
Bank
)
to
sit
upon
by
themselves
,
save
that
the
Arch-Duke
of
Austria
,
and
Duke
of
Burgundy
,
onely
sit
upon
it
above
them
.
Now
whether
we
fix
our
Notion
of
the
Three
States
upon
the
Doctrine
of
the
Ancients
,
as
delivered
by
Polybius
;
or
call
them
the
States
,
who
have
a
right
of
Voting
;
The
Emperour
is
clearly
one
of
the
States
.
Nor
is
it
material
that
the
ordinary
stile
and
form
of
words
seem
to
imply
the
contrary
:
for
if
the
saying
,
Emperor
and
the
States
,
argues
the
Emperor
himself
to
be
none
of
the
States
,
by
the
same
reason
the
form
so
frequent
in
their
Recesses
or
publick
Ordinances
,
chur
fursten
,
fursten
,
und
Standen
,
that
is
,
Elector-Princes
,
Princes
,
and
States
,
will
exclude
the
Electors
,
and
the
other
Princes
also
,
from
being
either
of
them
States
.
The
Form
Emperor
and
States
,
does
no
more
prove
him
to
be
none
of
the
States
,
than
with
us
the
saying
King
and
Parliament
,
does
imply
,
that
the
King
is
no
part
of
the
Parliament
.
I
shall
not
trouble
you
with
the
disputes
,
what
were
the
bounders
of
Anstrasia
and
Newstria
,
or
whether
by
the
devolution
of
this
Western
Empire
,
Germany
was
added
to
France
,
or
France
to
Germany
.
Or
whether
more
properly
Charlemain
be
to
be
reckoned
amongst
the
French
or
the
Germans
.
His
having
been
born
at
Ingelsheim
,
as
most
affirm
;
or
at
Carolsburg
in
the
upper
Bavaria
,
as
many
believe
;
and
his
speaking
the
German
Tongue
,
with
this
testimony
of
Eginhardus
,
viz.
Mensibus
juxta
patriam
linguam
nomina
imposuit
;
cum
ante
id
tempus
apud
Francos
partim
Latinis
,
partim
Barbaris
nominibns
appellarentur
,
Ianuarium
appellavit
Wintermonat
,
Februarium
Horning
,
Martium
Lenkmonat
,
&c.
These
,
I
say
,
are
urged
by
the
Germans
,
as
no
mean
Arguments
.
But
these
matters
concern
not
our
enquiry
.
If
you
cannot
reconcile
the
Emperor
his
being
somewhere
said
to
be
Sacri
Imperii
Minister
,
and
elsewhere
declared
to
have
no
Superiour
,
Nisi
Deum
&
Ensem
,
but
God
and
the
Sword
;
Bartolus
tells
you
,
De
verbis
non
curat
jureconsultus
.
The
intention
is
to
be
regarded
before
the
words
.
The
intention
of
the
States
in
that
Declaration
,
An.
1338.
was
none
other
than
to
exclude
the
wild
pretensions
of
the
Pope
;
to
deny
a
Forreign
Jurisdiction
,
not
to
confess
or
introduce
any
new
subjection
in
themselves
:
Limitata
ex
certâ
causâ
confessio
non
nisi
limitatum
producat
effecium
.
But
I
cannot
conclude
without
some
reflection
on
these
frauds
a
la
mode
,
the
ruse
and
finesse
,
which
the
French
so
loudly
boast
at
this
day
.
Lewis
the
Eleventh
would
not
have
his
Son
learn
more
Latin
than
qui
nescit
dissimulare
,
nescit
Regnare
.
The
old
Romans
had
another
sort
of
Spirit
;
we
are
told
in
Livy
,
Haec
Romana
esse
.
Non
versutiarum
Punicarum
,
neque
calliditatis
Graecae-apud
quos
fallere
hostem
gloriosius
—
dolo
quam
virtute
:
't
is
like
a
Roman
,
to
deal
openly
and
roundly
;
not
to
practice
the
Carthaginian
Leger-de-main
tricks
,
or
Graecian
cunning
,
whose
glory
is
to
circumvent
and
by
fraud
not
vertue
overcome
an
Enemy
.
The
Venetians
at
this
day
are
commended
for
the
same
style
.
Il
procedere
veramente
Regio
regli
affari
publici
,
il
negotiare
saldo
,
e
libero
,
e
senza
artisicio
,
O
duplicita
;
non
masquerato
,
non
finto
,
ma
sincero
,
e
del
tutto
alieno
da
ogni
dissimulatione
e
fallacia
.
Their
proceedings
in
publick
Affairs
,
(
says
our
Author
)
is
truly
Royal
;
they
negotiate
upon
the
square
,
frankly
,
and
without
artifice
,
or
double
dealing
,
not
disguised
,
or
upon
the
sham
;
but
sincere
,
and
every
way
far
from
all
dissembling
and
tricks
.
And
indeed
the
bugie
and
inganni
,
and
little
Italian
shifts
,
would
better
become
Duke
Valentine
and
the
petty
Princes
,
than
any
Kingdom
or
Commonwealth
of
true
strength
and
solid
reputation
.
The
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
and
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
Sophistries
and
State-pretences
of
this
kind
.
However
furbisht
up
,
and
gloss'd
over
of
late
by
our
politick
Brokers
,
were
all
stale
cheats
,
and
worn
out
even
in
Aristotle's
time
.
Thus
have
I
hinted
matters
to
you
,
and
onely
toucht
upon
Heads
,
without
anticipating
your
reflections
and
applications
.
I
have
not
treated
you
like
a
stranger
,
but
as
one
thorowly
informed
before-hand
,
and
to
whom
all
those
difficulties
are
familiar
,
which
I
can
onely
discover
at
a
distance
.
And
after
all
,
I
must
fly
from
your
judgment
,
to
your
good
nature
.
FINIS
.