names if they write matters of fact 't is a sign they cannot make them good and all men are agreed to reject their Testimony except such as resolve to deny others common justice but the ill opinion of these prejudic'd persons can no more injure any man than their good opinion will do him honor Besides other reasons of mentioning my suppos'd designs one is to disabuse several people who as I am told are made to believe that in the History of SOCRATES I draw a Parallel between that Philosopher and JESUS CHRIST This is a most scandalous and unchristian calumny as will more fully appear to the world whenever the Book it self is publish'd for that I have bin som time about it I freely avow yet not in the manner those officious Informers report but as becoms a disinterested Historian and a friend to all mankind The Inscription on the Monument of Sir JAMES HARRINGTON and his three Sons at Exton in Rutlandshire HERE lieth Sir James Harrington of Exton Kt. with a And Sister to Sir Philip Sidney Kt. Lucy his Wife Daughter to Sir William Sidney Kt. by whom he had 18 Children wherof three Sons and 8 Daughters marry'd as follows THE eldest Son Sir b Who was afterwards created Ld Harrington and his Lady was Governess to the Queen of Bohemia His Family is extinct as to Heirs Male One of his Daughters was marry'd to the Earl of Bedford and was Groom of the Stole to Q. Ann. The other was marry'd to a Scotch Lord whose name was Lord Bruce Earl of Elgin his Grandson now Lord Alisbury John marry'd the Heiress of Robert Keylwoy Surveyor of the Court of Wards and Liverys The 2 d Son Sir c Who happen'd to be President of Ireland and from him descended my Lady Fretchavil's Father my Lady Morison and my Lord Falkland's Lady Henry took to Wife one of the Coheirs of Francis Agar one of his Majesty's Privy Council in Ireland the 3 d Son James d Afterwards Baronet To him were born Sir Edward Harrington Sir Sapcotes Harrington and Mr. John Harrington who had Issue both Sons and Daughters Harrington Esq had to Wife one of the Coheirs of Robert Sapcotes Esq The eldest Daughter Elizabeth was married to Sir Edward e Who was Father to the Lord Montague the Earl of Manchester and Lord Privy Seal and Sir Sidney Montague who was afterwards created Earl of Sandwich and to the Earl of Rutlana's Lady and Judg Montague Montague Kt. The 2 d Frances to Sir William f Who was afterwards created Lord Chichester and Earl of Dunsmore and marry'd one of his Daughters to the Earl of Southamton by whom he had the present Lady Northumberland And his other Daughter marry'd her self to Col. Villâ—rs and is now Governess to the Lady Mary the Duke of York's eldest Daughter Lee Kt. The 3 d Margaret to Don g Which Dukedom afterwards fell to him and by this Lady he had one sole Daughter and Heir who is said to have marry'd the Duke of Ferio and by him to have had one Daughter who is marry'd to a King of Portugal Bonitto de Sisnores of Spain of the Family of the Dukes of Frantasquo The 4 th Katherine to Sir Edward h Of Lincolnshire the King's Standard-bearer Dimmock Kt. The 5 th Mary to Sir Edward i An antient noble Family in Kent Wingâ—ield Kt. The 6 th Maball to Sir Andrew k Now Lord Cambden Owner of the place where this Monument is â—oell Kt. The 7 th Surah was marry'd to the Lord Hastings Heir to the Earl of Huntingdon The 8 th Theodosia l One of whose Daughters marry'd the Earl of Hume in Scotland and had by him two Daughters one married my Lord Morrice and the other my Lord Maitland now Duke of Lauderdale The other Daughter of my Lady Dudley was Heir to the Honour of Dudley Castle of whose Issue by the Mother's side is the present Lord Dudley to the Lord Dudley of Dudley Castle THE same Sir James and Lucy were marry'd fifty years She died first in the 72 d year of her Age he shortly after yielded to Nature being 80 years old in the year of our Lord 1591 and of Queen Elizabeth's Reign 34. their Son James being made sole Executor to them both who that he might as well perform to his Parents their Rites as leave a Testimony of his own Piety to Posterity hath erected and dedicated this Monument to their eternal Memory The Mechanics of Nature OR An Imperfect Treatise written by JAMES HARRINGTON during his sickness to prove against his Doctors that the Notions he had of his own Distemper were not as they alleg'd Hypocondriac Whimsys or Delirious Fancys The PREFACE HAVING bin about nine months som say in a Disease I in a Cure I have bin the wonder of Physicians and they mine not but that we might have bin reconcil'd for Books I grant if they keep close to Nature must be good ones but I deny that Nature is bound to Books I am no study'd Naturalist having long since given over that Philosophy as inscrutable and incertain for thus I thought with my self Nature to whom it is given to work as it were under her Veil or behind the Curtain is the Art of God now if there be Arts of Men who have wrought openly enough to the understanding for example that of TITIAN nevertheless whose excellency I shall never reach How shall I thus sticking in the Bark at the Arts of Men be able to look thence to the Roots or dive into the Abyss of things in the Art of God And nevertheless Si placidum caput undis extulerit should Nature afford me a sight of her I do not think so meanly of my self but that I would know her as soon as another tho more learn'd man Laying therfore Arts wholly and Books almost all aside I shall truly deliver to the world how I felt and saw Nature that is how she came first into my senses and by the senses into my understanding Yet for the sake of my Readers and also for my own I must invert the order of my Discourse For theirs because till I can speak to men that have had the same Sensations with my self I must speak to such as have a like understanding with others For my own because being like in this Discourse to be the Monky that play'd at Chess with his Master I have need of som Cushion on my head that being in all I have spoken hitherto more laid at than my Reason My Discourse then is to consist of two parts the first in which I appeal to his understanding who will use his Reason is a Platform of Nature drawn out in certain Aphorisms and the second in which I shall appeal to his senses who in a Disease very common will make further trial is a Narrative of my Case A Platform or Scheme of Nature 1. NATURE is the Fiat the Breath and in the
towards the better settlement of the Kingdom Among these there was an eminent Royalist who prevail'd with him to draw up som Instructions for the King's service wherby he might be inabl'd to govern with satisfaction to the People and safety to himself which being perform'd and sign'd with his one hand his Friend after shewing it to several of the Courtiers found they did not approve a Scheme that was not likely to further their selfish Designs At last he put his Paper into the hands of a great Minister about the King and how well our Author was rewarded for his good Intentions we are now going to relate About this time he was busy in reducing his Politics into short and easy Aphorisms yet methodically digested in their natural order and suted to the most vulgar capacitys Of this he made no secret and freely communicated his Papers to all that visited him While he was putting the last hand to this System and as an innocent man apprehensive of no danger he was by an Order from the King on the 28 th of December 1661 seiz'd by Sir WILLIAM POULTNEY and others and committed to the Tower of London for treasonable Designs and Practices He had the written sheets of his Aphorisms then lying loose on the table before him and understanding they intended to carry 'em to the Council he beg'd the favor that he might stitch 'em together which was granted and so remov'd with som other Papers to Whitehall I have that Manuscript now in my hands and another Copy of the same which was given me by one of his acquaintance from both which I have printed it among the rest of his Works It is a complete System of Politics and discovers the true Springs of the rise temper and dissolution of all sorts of Governments in a very brief and perspicuous manner 32. HE had no time given him to take leave of any body but was straight convey'd to the Tower where none were allow'd to com to his sight or speech His Sisters were inconsolable and the more so the less they knew what was laid to their Brother's charge One of them who on another occasion had experienc'd the King's favor threw her self now at his feet and petition'd him to have compassion on her Brother who thro a great mistake was fallen under his Majesty's displeasure for as she was sure that none of his Subjects exceded his Loyalty so his Majesty might see he was not the man they design'd since the Warrant was for Sir JAMES HARRINGTON wheras her Brother was never honor'd with such a Title by his Majesty's Ancestors and he would not have accepted it from OLIVER To this the King made answer that tho they might be mistaken in his Title he doubted he might be found more guilty of the Crimes alleg'd against him than he wish'd any Brother of hers to be Then she press'd he might be examin'd before his Majesty or be brought to a speedy trial Shortly after my Lord LAUDERDALE Sir GEORGE CARTERET and Sir EDWARD WALKER were sent to the Tower to question him about a Plot which they said he had contriv'd against his Majesty's Person and Government At this he was extraordinarily reviv'd not being able to divine before the cause of his Confinement and knowing himself wholly innocent of this Charge He found means to transmit a Copy of his Examination to his Sisters giving 'em leave to publish it which was never hitherto don and is as follows 33. THE Examination of JAMES HARRINGTON taken in the Tower of London by the Earl of LAUDERDALE Sir GEORGE CARTERET and Sir EDWARD WALKER LORD LAUDERDALE Sir I have heretofore accounted it an honor to be your Kinsman but am now sorry to see you upon this occasion very sorry I assure you HARRINGTON My Lord seeing this is an occasion I am glad to see you upon this occasion Which said the Commissioners sat down and Mr. HARRINGTON standing before my Lord he began in this manner Lord. SIR the King thinks it strange that you who have so eminently appear'd in Principles contrary to his Majesty's Government and the Laws of this Nation should ever since he came over live so quiet and unmolested and yet should be so ungrateful Were you disturb'd were you so much as affronted that you should enter into such desperat practices Har. MY Lord when I know why this is said I shall know what to say Lord. WELL then without any longer preamble will you answer me ingenuously and as you are a Gentleman to what I have to propose Har. MY Lord I value the asseveration as I am a Gentleman as high as any man but think it an asseveration too low upon this occasion wherfore with your leave I shall make use of som greater asseveration Lord. FOR that do as you see good do you know Mr. WILDMAN Har. MY Lord I have som acquaintance with him Lord. WHEN did you see him Har. MY Lord he and I have not bin in one house together these two years Lord. WILL you say so Har. YES my Lord. Lord. WHERE did you see him last Har. ABOUT a year ago I met him in a street that gos to Drury-lane Lord. DID you go into no house Har. NO my Lord. Sir G. Carteret THAT 's strange Lord. COM this will do you no good Had not you in March last meetings with him in Bowstreet in Coventgarden where there were about twenty more of you where you made a Speech about half an hour long that they should lay by distinguishing Names and betake themselves together into one Work which was to dissolve this Parlament and bring in a new one or the old one again Was not this meeting adjourn'd from thence to the Mill Bank were not you there also Har. MY Lord you may think if these things be true I have no refuge but to the mercy of God and of the King Lord. TRUE Har. WELL then my Lord solemnly and deliberatly with my eys to Heaven I renounce the mercy of God and the King if any of this be true or if ever I thought or heard of this till now that you tell it me Sir G. C. THIS is strange Lord. DO you know BAREBONES Har. YES my Lord. Lord. WHEN did you see him Har. I THINK that I have call'd at his house or shop thrice in my life Lord. HAD you never any meetings with him since the King came over Har. NO my Lord. Sir G. C. THIS is strange Lord. DO you know Mr. NEVIL Har. VERY well my Lord. Lord. WHEN did you see him Har. MY Lord I seldom us'd to visit him but when he was in Town he us'd to see me at my house every evening as duly almost as the day went over his head Lord. WERE you not with him at som public meeting Har. MY Lord the publickest meeting I have bin with him at was at dinner at his own lodging where I met Sir BERNARD GASCOIN and I think Col. LEG Sir Edw. Walker THEY were good
ought to be had about Members for the City of London as a precedent for the rest of the Kingdom to follow wherupon they nominated the four Members after chosen and now sitting in Parlament but three of these being then present stood up and clear'd themselves of this Aspersion Their next care was to frame a Petition to the Parlament for a preaching Ministry and Liberty of Conscience Then they were to divide and subdivide themselves into several Councils and Committees for the better carrying on their business by themselves or their Agents and Accomplices all over the Kingdom In these Meetings HARRINGTON was said to be often in the Chair that they had taken an Oath of Secrecy and concerted measures for levying Men and Mony 35. THE Chancellor added that tho he had certain Information of the times and places of their meetings and particularly those of HARRINGTON and WILDMAN they were nevertheless so fixt in their nefarious design that none of those they had taken would confess any thing not so much as that they had seen or spoken to one another at those times or places which obstinacy he thought must needs procede from a faithfulness to their Oath But a Committee of Lords and Commons after several sittings could make nothing of this imaginary Plot and did not ever name our Author in all their Reports 36. HIS Sisters in the mean time being impatient to see him and to know his Condition after several fruitless Petitions obtain'd an order of Council at last to be admitted into the Tower where they found him barbarously treated by the Lieutenant whom they soften'd into more humanity with a present of fifty pounds under the notion of Fees By them he deliver'd a Petition to the King importing that in the late times he was no public Person nor acted to any man's detriment in his Life Body or Estate but on the contrary had don his indeavors to help all persons in distress that he had oppos'd the Usurper in such a manner as was judg'd even by the Royalists themselves to be very much to his disadvantage and that it was not probable that he who had liv'd so peaceably before would attemt any Novelty after his Majesty's Restoration wherfore he beg'd the favor of a public Trial or a more easy confinement But tho he had bin now a prisoner during the space of five months neither he nor any on his behalf could receive an Answer to their Petitions which made him somwhat impatient not so much to injoy his Liberty as to vindicat himself from the base Aspersions of his Enemys He therfore continually urg'd his sister ASHTON to procure him a Trial which she not being able to effect he petition'd the Parlament shewing that he had lain a close Prisoner in the Tower for five months upon a bare suspicion of som disaffection to the Government which in all his Examinations did not in the least appear and that he hop'd e'er that time so to have clear'd his innocence by a public Trial as to deserve his Liberty But because he understood these matters were in som measure represented to their House he would not presume without first making his application to them to sue for his freedom by other legal means May it therfore please this honorable House says he to take tender consideration of the sufferings of an Englishman hitherto innocent and that the long continuance of him in prison without trial may be hereafter the case of others and a precedent for the like case and that this honorable House would please to move his Majesty that your Petitioner may be proceded against by a legal way of Trial or that he may have his freedom that so he may no longer languish in Prison to the ruin of his Health and Estate These are not the words of a man conscious of Guilt or afraid of Power 37. HIS Sister could get no Member to deliver this Petition or to give her any incouragement som alleging that she was more likely to destroy than serve her Brother and others that by unseasonable pressing she might precipitat his danger wheras if he would be patient under his sufferings he might be safe in his restraint Then he advis'd her to move for his habeas Corpus which at first was flatly deny'd but afterwards when it was granted and duly serv'd his Warder came one day to his Sisters at Westminster and acquainted them that between one and two a clock that morning their Brother was put on board a Ship to be transported he knew not whither without any time given him either to see his Friends or to make provision of Mony Linen or other necessarys Nor could his Relations for a whole fortnight either at the Tower or in the Secretarys Office learn what was becom of him till they receiv'd a note from himself on board one of the King's Ships then lying under Hurst Castle informing them that he believ'd he was bound for Plymouth About a month after he sent 'em word by another letter that he was landed on a kind of Rock opposit to Plymouth call'd St. Nicholas's Island whence he afterwards had frequent opportunitys of writing to 'em many pious and moral Admonitions as well as Letters of business and entertainment 38. BUT his close restraint to this small spot of Earth where there was no fresh Water and scarce any room to move his Body quickly chang'd the state of his Health this occasion'd him to petition he might be remov'd to Plymouth which was granted his Brother WILLIAM and his Uncle ANTHONY SAMUEL obliging themselves in a Bond of 5000 l. for his safe Imprisonment Here he had not only the liberty of walking on the Hoe but was also us'd with extraordinary Respect by the Deputy Governor of the Fort Sir JOHN SKELTON who frequently invited him to his Table and much lov'd his Conversation Among the other Acquaintance he made at Plymouth one was Dr. DUNSTAN who advis'd him to take a preparation of Guaiacum in Coffee as a certain cure for the Scurvy with which he was then troubl'd He drank of this Liquor in great quantitys every morning and evening But after using it for som time his Sisters to their no small amazement receiv'd no more Answers to their Letters At length Advice was brought 'em from his Landlady that his Fancy was much disorder'd and desiring som body might com to look after him Immediatly one of them address'd her self to the Earl of Bath then chief Governor of Plymouth and inform'd him of his Prisoner's sad condition This noble Lord who laid many Obligations on him before and gave frequent orders for his good Usage went hereupon to intercede for him with the King representing the danger of his Life if he were not remov'd from that unwholsom place to London where he might have the Advice of able Physicians and the King was accordingly pleas'd to grant a Warrant for his Release since nothing appear'd against him supported by good Proof
years and yet die in peace ALEXANDER his Son succeded famous for little except som Expeditions against our King JOHN som Insurrections and a Reign two years longer than his Father's His Son was the third of that name a Boy of eight years old whose Minority was infested with the turbulent CUMMINS who when he was of age being call'd to account not only refus'd to appear but surpriz'd him at Sterling governing him at their pleasure But soon after he was awak'd by a furious Invasion of ACHO King of Norway under the pretence of som Islands given him by MACBETH whom he forc'd to accept a Peace and spent the latter part amidst the Turbulencys of the Priests drunk at that time with their Wealth and Ease and at last having seen the continu'd Funerals of his Sons DAVID ALEXANDER his Wife and his Daughter he himself with a fall from Horse broke his neck leaving of all his Race only a Grandchild by his Daughter which dy'd soon after THIS Man's Family being extinguish'd they were forc'd to run to another Line which that we may see how happy an expedient immediat Succession is for the Peace of the Kingdom and what Miseries it prevents I shall as briefly and as pertinently as I can set down DAVID Brother to K. WILLIAM had three Daughters MARGARET married to ALLAN Lord of Galloway ISABEL married to ROBERT BRUCE Lord of Annandale and Cleveland ADA married to HENRY HASTINGS Earl of Huntingdon Now ALLAN begot on his Wife DORNADILLA married to JOHN BALIOL afterwards King of Scotland and two other Daughters BRUCE on his Wife got ROBERT BRUCE Earl of Carick having married the Heretrix therof As for HUNTINGDON he desisted his claim The question is whether BALIOL in right of the eldest Daughter or BRUCE being com of the second but a Man should have the Crown he being in the same degree and of the more worthy Sex The Controversy being tost up and down at last was refer'd to EDWARD the First of that name King of England He thinking to fish in these troubled waters stirs up eight other Competitors the more to entangle the business and with twenty four Counsellors half English half Scots and abundance of Lawyers fit enough to perplex the matter so handled the business after cunning delays that at length he secretly tampers with BRUCE who was then conceiv'd to have the better right of the business that if he would acknowlege the Crown of him he would adjudg it for him but he generously answering that he valu'd a Crown at a less rate than for it to put his Country under a foren Yoke He made the same motion to BALIOL who accepted it and so we have a King again by what Right we all see but it is good reason to think that Kings com they by their Power never so unjustly may justly keep it BALIOL having thus got a Crown as unhappily kept it for no sooner was he crown'd and had don homage to EDWARD but the ABERNETHYS having slain MACDUF Earl of Fife he not only pardon'd them but gave them a piece of Land in controversy wherupon MACDUF'S Brother complains against him to EDWARD who makes him rise from his Seat in Parlament and go to the Bar He hereupon enrag'd denies EDWARD assistance against the French and renounces his Homage EDWARD immediatly coms to Berwiâ— takes and kills seven thousand most of the Nobility of Fife and Lowthian and afterwards gave them a great Defeat at Dunbar whose Castle instantly surrender'd After this he march'd to Montrose where BALIOL resign'd himself and Crown all the Nobility giving homage to EDWARD BALIOL is sent Prisoner to London and from thence after a years detention into France While EDWARD was possest of all Scotland one WILLIAM WALLACE arose who being a privat man bestir'd himself in the Calamity of his Country and gave the English several notable foils EDWARD coming again with an Army beat him that was already overcom with Envy and Emulation as well as Power upon which he laid by his Command and never acted more but only in slight Incursions But the English being beaten at Roslin EDWARD coms in again takes Sterling and makes them all render Homage but at length BRUCE seeing all his Promises nothing but smoke enters into League with CUMMIN to get the Kingdom but being betray'd by him to EDWARD he stab'd CUMMIN at Drumfreis and made himself King This man tho he came with disadvantage yet wanted neither Patience Courage nor Conduct so that after he had miserably lurk'd in the Mountains he came down and gathering together som Force gave our EDWARD the Second such a defeat near Sterling as Scotland never gave the like to our Nation and continu'd the War with various fortune with the Third till at last Age and Leprosy brought him to his Grave His Son DAVID a Boy of eight years inherited that which he with so much danger obtain'd and wisdom kept In his Minority he was govern'd by THOMAS RANDOLF Earl of Murray whose severity in punishing was no less dreaded than his Valor had bin honor'd But he soon after dying of poison and EDWARD BALIOL Son of JOHN coming with a Fleet and stâ—engthn'd with the assistance of the English and som Robbers the Governor the Earl of Mar was routed so that BALIOL makes himself King and DAVID was glad to retire into France Amidst these Parties EDWARD the Third backing BALIOL was Scotland miserably torn and the BRUCES in a manner extinguish'd till ROBERT after King with them of Argile and his own Family and Friends began to renew the claim and bring it into a War again which was carried on by ANDREW MURRAY the Governor and afterwards by himself So that DAVID after nine years banishment durst return where making frequent Incursions he at length in the fourth year of his return march'd into England and in the Bishoprick of Durham was routed and fled to an obscure Bridg shew'd to this day by the Inhabitants There he was by JOHN COPLAND taken prisoner where he continu'd nine years and in the thirty ninth year of his Reign he dy'd ROBERT his Sisters Son whom he had intended to put by succedes and first brought the STUARTS which at this day are a plague to the Nation into play This man after he was King whether it were Age or Sloth did little but his Lieutenants and the English were perpetually in action He left his Kingdom to JOHN his Bastard Son by the Lady MORE his Concubin whom he marry'd either to legitimat the three Children as the manner was then he had by her or else for old Acquaintance his Wife and her Husband dying much about time This JOHN would be crown'd by the name of ROBERT his own they say being unhappy for Kings a wretched inactive Prince lame and only govern'd by his brother WALTER who having DAVID the Prince upon complaint of som Exorbitancys deliver'd to his care caus'd him to be starv'd upon which the King intending to send
part of the profits of certain Citys Boroughs or other places within his Earldom For an example of the possessions of Earls in antient times ETHELRED had to him and his Heirs the whole Kingdom of Mercia containing three or four Countys and there were others that had little less Kings Thane KINGS Thane was also an honorary Title to which he was qualify'd that had five Hides of Land held immediatly of the King by service of personal attendance insomuch that if a Churl or Countryman had thriven to this proportion having a Church a Kitchin a Belhouse that is a Hall with a Bell in it to call his Family to dinner a Boroughgate with a seat that is a Porch of his own and any distinct Office in the Kings Court then was he the Kings Thane But the proportion of a Hide Land otherwise call'd Caruca or a Plow Land is difficult to be understood because it was not certain nevertheless it is generally conceiv'd to be so much as may be manag'd with one Plow and would yield the maintenance of the same with the appurtenances in all kinds Middle Thane THE Middle Thane was feudal but not honorary he was also call'd a Vavasor and his Lands a Vavasory which held of som Mesn Lord and not immediatly of the King POSSESSIONS and their Tenures being of this nature shew the Balance of the Teuton Monarchy wherin the Riches of Earls were so vast that to arise from the Balance of their Dominion to their Power they were not only call'd Reguli or little Kings but were such indeed their Jurisdiction being of two sorts either that which was exercis'd by them in the Court of their Countys or in the High Court of the Kingdom Shiremoot IN the Territory denominating an Earl if it were all his own the Courts held and the Profits of that Jurisdiction were to his own use and benefit But if he had but som part of his County then his Jurisdiction and Courts saving perhaps in those possessions that were his own were held by him to the King's use and benefit that is he commonly supply'd the Office which the Sheriffs regularly executed in Countys that had no Earls and whence they came to be call'd Viscounts Viscounts The Court of the County that had an Earl was held by the Earl and the Bishop of the Diocess after the manner of the Sheriffs Turns to this day by which means both the Ecclesiastical and Temporal Laws were given in charge together to the Country The Causes of Vavasors or Vavasorys appertain'd to the cognizance of this Court where Wills were prov'd Judgment and Execution given Cases criminal and civil determin'd Halymoot THE Kings Thanes had the like Jurisdiction in their Thane Lands as Lords in their Manors where they also kept Courts BESIDES these in particular both the Earls and Kings Thanes together with the Bishops Abbots and Vavasors or Middle Thanes had in the High Court or Parlament of the Kingdom a more public Weidenagemoots Jurisdiction consisting First of deliberative Power for advising upon and assenting to new Laws Secondly of giving counsil in matters of State and Thirdly of Judicature upon Suits and Complaints I shall not omit to inlighten the obscurity of these times in which there is little to be found of a methodical Constitution of this High Court by the addition of an Argument which I conceive to bear a strong testimony to it self tho taken out of a late Writing that conceals the Author It is well known says he that in every quarter of the Realm a great many Boroughs do yet send Burgesses to the Parlament which nevertheless be so antiently and so long since decay'd and gon to nought that they cannot be shew'd to have bin of any Reputation since the Conquest much less to have obtain'd any such Privilege by the grant of any succeding King wherfore these must have had this right by more antient usage and before the Conquest they being inable now to shew whence they deriv'd it THIS Argument tho there be more I shall pitch upon as sufficient to prove First that the lower sort of the People had right to Session in Parlament during the time of the Teutons Secondly that they were qualify'd to the same by election in their Boroughs and if Knights of the Shire as no doubt they are be as antient in the Countrys Thirdly If it be a good Argument to say that the Commons during the reign of the Teutons were elected into Parlament because they are so now and no man can shew when this custom began I see not which way it should be an ill one to say that the Commons during the reign of the Teutons constituted also a distinct House because they do so now unless any man can shew that they did ever sit in the same House with the Lords Wherfore to conclude this part I conceive for these and other reasons to be mention'd hereafter that the Parlament of the Teutons consisted of the King the Lords Spiritual and Temporal and the Commons of the Nation notwithstanding 25 Edw. 3. c. 1. the stile of divers Acts of Parliament which runs as that of Magna Charta in the Kings name only seeing the same was nevertheless enacted by the King Peers and Commons of the Land as is testify'd in those words by a subsequent Act. Monarchy of the Neusâ—rians THE Monarchy of the Teutons had stood in this posture about two hundred and twenty years when TURBO Duke of Neustria making his claim to the Crown of one of their Kings that dy'd childless follow'd it with successful Arms and being possest of the Kingdom us'd it as conquer'd distributing the Earldoms Thane Lands Bishoprics and Prelacys of the whole Realm among his Neustrians From this time the Earl came to be call'd Comes Consul and Dux tho Consul and Dux grew afterward out of use the Kings Thanes came to be call'd Barons and their Lands Baronys the Middle Thane holding still of a mean Lord retain'd the name of Vavasor Their Earls THE Earl or Comes continu'd to have the third part of the Pleas of the County paid to him by the Sheriff or Vice-comes now a distinct Officer in every County depending upon the King saving that such Earls as had their Countys to their own use were now Counts Palatin and had under the King Regal Jurisdiction insomuch that they constituted their own Sheriffs granted Pardons and issu'd Writs in their own names nor did the Kings Writ of ordinary Justice run in their 27 11. 8. Dominions till a late Statute wherby much of this privilege was taken away Their Barons FOR Barons they came from henceforth to be in different times of three kinds Barons by their Estates and Tenures Barons by Writ and Barons created by Letters Patents From TURBO the first to ADOXUS the seventh King from the Conquest Barons had their denomination from their Possessions and Tenures And these were either
Spiritual or Temporal for not only the Thane Lands but the Barons by their Possessions possessions of Bishops as also of som twenty six Abbats and two Priors were now erected into Baronys whence the Lords Spiritual that had suffrage in the Teuton Parlament as Spiritual Lords came to have it in the Neustrian Parlament as Barons and were made subject which they had not formerly bin to Knights service in chief Barony coming henceforth to signify all honorary possessions as well of Earls as Barons and Baronage to denote all kinds of Lords as well Spiritual as Temporal having right to sit in Parlament the Baronys in this sense were somtimes more and somtimes fewer but commonly about 200 or 250 containing in them a matter of sixty thousand feuda militum or Knights Fees wherof som twenty eight thousand were in the Clergy It is ill luck that no man can tell what the Land of a Knights Fee reckon'd in som Writs at 40 l. a year and in others at 10 was certainly worth for by such a help we might have exactly demonstrated the Balance of this Government But says COOK it contain'd Cook 11. Inst pag. 596. twelve Plow Lands and that was thought to be the most certain account But this again is extremely uncertain for one Plow out of som Land that was fruitful might work more than ten out of som other that was barren Nevertheless seeing it appears by BRACTON Balance of the Neustrian Monarchy that of Earldoms and Baronys it was wont to be said that the whole Kingdom was compos'd as also that these consisting of 60000 Knights Fees furnish'd 60000 men for the King's service being the whole Militia of this Monarchy it cannot be imagin'd that the Vavasorys or Freeholds in the People amounted to any considerable proportion Wherfore the Balance and Foundation of this Government was in the 60000 Knights Fees and these being possest by the 250 Lords it was a Government of the Few or of the Nobility wherin the People might also assemble but could have no more than a mere name And the Clergy holding a third to the whole Nation as is plain by the Parlament Roll it is an absurdity seeing the Clergy of France came first thro their Riches to be a State of that Kingdom to acknowlege the People to have bin a State of this Realm and not to allow it to the Clergy who were so much more weighty in the Balance which is 4 Rich. 2. Num. 13. that of all other whence a State or Order in a Government is denominated Wherfore this Monarchy consisted of the King and of the three ordines Regni or Estates the Lords Spiritual and Temporal and the Commons It consisted of these I say as to the balance tho during the Reign of som of these Kings not as to the administration Administration of the Neustrian Monarchy during the reign of the first Kings FOR the ambition of TURBO and som of those that more immediatly succeded him to be absolute Princes strove against the nature of their Foundation and inasmuch as he had divided almost the whole Realm among his Neustrians with som incouragement for a while But the Neustrians while they were but foren Plants having no security against the Natives but in growing up by their Princes sides were no sooner well rooted in their vast Dominions than they came up according to the infallible consequence of the Balance domestic and contracting the National interest of the Baronage grew as fierce in the vindication of the antient Rights and Liberties of the same as if they had bin always Natives Whence the Kings being as obstinat on the one side for their absolute Power as these on the other for their Immunitys grew certain Wars which took their denomination from the Barons THIS fire about the middle of the Reign of ADOXUS began to break out And wheras the Predecessors of this King had divers times bin forc'd to summon Councils resembling those of the Teutons to Barons by Writ which the Lords only that were Barons by Dominion and Tenure had hitherto repair'd ADOXUS seeing the effects of such Dominion began first not to call such as were Barons by Writ for that was according to the practice of antient times but to call such by Writs as were otherwise no Barons by which means striving to avoid the consequence of the Balance in coming unwillingly to set the Government streight he was the first that set it awry For the Barons in his Reign and his Successors having vindicated their antient Authority restor'd the Parlament with all the Rights and Privileges of the same saving that from thenceforth the Kings had found out a way wherby to help themselves against the mighty by Creatures of their own and such as had no other support but by their favor By which means this Government being indeed the Masterpiece of modern Prudence has bin cry'd up to the Skys as the only invention wherby at once to maintain the Soverainty of a Prince and the Liberty of the People Wheras indeed it has bin no other than a wrestling match wherin the Nobility as they have bin stronger have thrown the King or the King if he has bin stronger has thrown the Nobility or the King where he has had a Nobility and could bring them to his party has thrown the People as in France and Spain or the People where they have had no Nobility or could get them to be of their party have thrown the King as in Holland and of later times in Oceana But they came not 49 11. 3. to this strength but by such approaches and degrees as remain to be further open'd For wheras the Barons by Writ as the sixty four Abbats and thirty six Priors that were so call'd were but pro tempore DICOTOME being the twelfth King from the Conquest began to Barons by Letters Patents make Barons by Letters Patents with the addition of honorary Pensions for the maintenance of their Dignitys to them and their Heirs so that they were hands in the King's Purse and had no shoulders for his Throne Of these when the House of Peers came once to be full as will be seen hereafter there was nothing more emty But for the present the Throne having other supports they did not hurt that so much as they did the King For the old Barons taking DICOTOME'S Prodigality to such Creatures so ill that they depos'd him got the trick of it and never gave over setting up and pulling down their Kings according to their various interests and that faction of the White Dissolution of the late Monarchy of Oceana and Red into which they had bin thenceforth divided till PANURGUS the eighteenth King from the Conquest was more by their Favor than his Right advanc'd to the Crown This King thro his natural subtilty reflecting at once upon the greatness of their Power and the inconstancy of their favor began to find another Flaw in