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.

[Page 2]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 [Page 3] 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.

[Page 4]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.

Ahaz's Dial is no President for our time or measures; nor may the Theo­cracy of the Iews authorize us to set up for King Jesus.

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 [Page 5] 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 [Page 6] 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 'tis 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 [Page 7] 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 [Page 8] Pageantries and Fopperies obtain'd in our English world.

For badge and ornament they had Iupiter's Scepter; which Pluto inter­prets to be, not a tipt Batoon, or glit­tering engraven thing, but the Laws and Legislative power.

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.

[Page 9]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 [Page 10] 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 [Page 11] 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?

[Page 12]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.

[Page 13]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. [Page 14] 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 'tis 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 [Page 15] 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 'tis 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 [Page 16] 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.

[Page 17] 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,

‘Imperialia. Concilia postquàm cessavere, omnes pene deformitates introductae sunt’, says Cardinal Cusan.

Elsewhere these were called Conven­tus, Conventus generalis, Conventus Imperato­rem. [Page 18] Convenire generaliter populum suum praecepit. Habuit populi sui generalem Conventum. Habitoque juxta Morem Conventu generali. The Monk of Pa­derborn thus versifies.

Elsewhere,

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 [Page 19] placito, &c. And the aforesaid Monk,

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 [Page 20] 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 [Page 21] 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 [Page 22] 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, [Page 23] 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 [Page 24] 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.

[Page 25]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.

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 [Page 26] & 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.

[Page 27]And seeing that this of Succession, is one of those points that are of greatest importance, 'tis 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, [Page 28] 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 'tis likely, that to many it was sufficient, that it lay in their choice whether they [Page 29] 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) [Page 30] 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 [Page 31] 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 [Page 32] 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 [Page 33] 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 [Page 34] 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 [Page 35] 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 [Page 36] 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 [Page 37] 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 [Page 38] 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, [Page 39] 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. [Page 40] 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, Lewis's excellency lay in playing an after-game.

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 [Page 41] 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 [Page 42] 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 [Page 43] 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, [Page 44] 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.

[Page 45]Afterwards, the Misbehaviour of some Princes introduced that check of a Coro­nation-Oath. And where that is the only check, `tis 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 [Page 46] 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.

[Page 47]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 [Page 48] 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. `Tis 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 [Page 49] 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.

[Page 50]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.

[Page 51]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.

[Page 52]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 [Page 53] 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 [Page 54] 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.

[Page 55]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 [Page 56] 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.

[Page 57]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.

[Page 58]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 [Page 59] 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 [Page 60] 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 [Page 61] 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.

[Page 62]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 [Page 63] 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 [Page 64] 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.

[Page 65]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.

[Page 66]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 [Page 67] 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.

[Page 68]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 [Page 69] 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 [Page 70] 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 'tis 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 [Page 71] 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 [Page 72] 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 [Page 73] 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, over­ran, 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; [Page 74] 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, [Page 75] 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, [Page 76] 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 [Page 77] 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, [Page 78] 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 [Page 79] 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 [Page 80] 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 [Page 81] Monarchical, the Aristocratical, and the popular State [...], The three governing parts of the Common­wealth. 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.

[Page 82]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.

[Page 83]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 [Page 84] 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 [Page 85] 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 [Page 86] 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 [Page 87] 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: 'tis 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 [Page 88] 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.