2. Presbyters have the greatest power of any clergy in the world, and gull the laity most: for example, admit there be twelve laymen to six presbyters, the six shall govern the rest as they please. First, because they are constant, and the others come in like churchwardens in their turns, which is a huge advantage. Men will give way to those that have been there before them. Next, the laymen have other professions to follow; the presbyters make it their sole business; and besides too, they learn 10 and study the art of persuading; some of Geneva have confessed as much.

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3. The presbyter, with his elders about him, is like a young tree fenced about with three or four stakes; the stakes defend it, and hold it up; but the tree only prospers and flourishes; it may be some willow-stake may bear a leaf or two, but it comes to nothing. Lay-elders are stakes, the presbyter the tree that flourishes.

4. When the queries were sent to the assembly con

by Roger Bacon, or by some other writer, and he then adds what he considers to be their true sense. But the words do not occur in any history of Caesar's invasion that I have seen, and I have searched for them with some care. Nor do they seem to admit of the sense which Selden is reported as putting upon them. I think it likely that there has been some error in the report, and that the words in question are a free rendering of what Roger Bacon himself says, and that the rest of the clause ought to appear as Selden's own statement of the real facts of the case, not as his interpretation of what 'positis speculis'

means.

1. 18. When the queries were sent &c.] The power of the Presbytery to pass sentence of excommunication had been limited by the final appeal which the Parliament allowed to a body of lay commissioners of its own appointment. The Westminster Assembly of Divines petitioned against this appeal, and claimed jure divino a right to uncontrolled spiritual jurisdiction. The Parliament in reply sent them a number of very searching queries, drawn up by a Committee of the House, touching the point of jus divinum, and demanding exact scriptural proofs for it (see Excursus E). The Assembly, however, had no scriptural proofs ready, and they were in a great fright to know what to do. They held a consultation, they proclaimed a fast,

cerning the jus divinum of presbytery, their asking time to answer them, was a satire upon themselves. For if it were to be seen in the text, they might quickly turn to the place and shew us it. Their delaying to answer makes us think there's no such thing there. They do just as you have seen a fellow do at a tavern reckoning, when he should come to pay his share; he puts his hands into his pockets, and keeps a grabling and a fumbling and shaking, at last tells you he has left his money at home; when all the company knew at first he had no money there; for every 10 man can quickly find his own money.

CXVI.

PRIESTS OF ROME.

I. THE reason of the statute against priests, was this; in the beginning of Queen Elizabeth, there was a statute and appointed committees of their own body to prepare an answer. When the questions came before the committees, first the Independents withdrew, then the Erastians entered their dissent from the answer proposed to question 1, and at length a form of words was agreed upon by a majority vote. The rest of the questions were discussed from May till late in July, but the answers, if any, were never sent to Parliament, and the matter practically dropped, as far as the Assembly had to do with it. Neal, Hist. of Puritans, iii. 253 and 278. See Appendix, Excursus E.

1. 14. in the beginning of Queen Elizabeth &c.] The statutes, of which Selden speaks, strengthen and grow precise as they proceed. By 1 Elizabeth, ch. 1, sec. 27, penalties are fixed on those who maintain or depend or endeavour to advance any foreign authority in the Queen's dominions. To do this is made high treason on the third offence. Then, 5 Elizabeth, ch. 1, sec. 2 enacts more particularly that any person maintaining the authority of the Bishop of Rome, in any part of the Queen's dominions, shall come under the pains, &c., of the statute of provisions and præmunire; and shall on the second offence (secs. 10 and 11) be guilty of high treason. Next, 13 Elizabeth, ch. 2 declares that, notwithstanding the above statute, divers

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made, that he that drew men from their civil obedience was a traitor. It happened this was done in privacies and confessions, when there could be no proof; therefore they made another act, that for a priest to be in England was treason, because they presumed that was his business here, to fetch men off from their allegiance.

2. When Queen Elizabeth died, and king James came in, an Irish priest does thus express it: Elizabethâ in orcum detrusâ, successit Jacobus, alter hæreticus.

You will ask why they do use such language in their church?

Answer. Why does the nurse tell the child of raw-head and bloody-bones? To keep it in awe.

3. The queen-mother and count Rosset are to the priests and Jesuits like the honey-pot to the flies.

seditious and very evil-disposed people have procured bulls and writings from the Bishop of Rome to absolve all those that will be content to forsake their due obedience to the Queen; and enacts that such people shall be deemed and adjudged high traitors to the Queen and the realm and shall be punished by death and forfeiture. Then, 23 Elizabeth, ch. I makes it treason for any one to withdraw any or to be himself withdrawn to the Romish religion. Lastly, 27 Elizabeth, ch. 2 declares that divers jesuits, seminary priests and other priests have come to this country for the purpose of withdrawing men from their due obedience to her Majesty; and enacts that all such persons are to leave the country, and that if being natural born subjects of the Queen, they are found here or come here, they shall suffer the penalties of high treason.

1. 14. The queen-mother and count Rosset &c.] i. e. Mary de Medici, the French Queen-mother, who had sought a refuge at the English Court. In May 1641 the Commons resolved to suggest to the King 'That her Majesty be moved to depart this kingdom, the rather for the quieting of those jealousies in the hearts of his Majesty's well-affected subjects, occasioned by some ill instruments about the Queen's person, by the flowing of priests and papists to her house,' &c., &c. House of Commons' Journals, ii. 149.

Hobbes, in the Behemoth (pt. ii. beginning), after speaking of the belief, encouraged by the Parliamentary party, that it was the King's purpose to introduce popery, goes on to say that the colour they had for this slander was, first that there was one Rosetti, resident, at

4. The priests of Rome aim but at two things, to get power from the king, and money from the subject.

5. When the priests come into a family, they do as a man that would set fire on a house: he does not put fire to the brick-wall, but thrusts it into the thatch. They work upon the women and let the men alone.

6. For a priest to turn a man when he lies a dying, is just like one that has a long time solicited a woman, and cannot obtain his end; at length makes her drunk, and so lies with her.

CXVII.

PROPHECIES.

DREAMS and prophecies do thus much good; they make a man go on with boldness and courage, upon a danger or a mistress; if he obtain, he attributes much to them; if he miscarries, he thinks no more of them, or is no more thought of himself.

CXVIII.

PROVERBS.

THE proverbs of several nations were much studied by bishop Andrews; and the reason he gave was, because by

and a little before that time, from the Pope, with the Queen Also the resort of English Catholics to the Queen's chapel, gave them colour to blame the Queen herself, not only for that, but also for all the favours that had been shown to the Catholics.'

See also a letter from Secretary Windebank to the King (Sep. 7, 1640). 'I most humbly beseech your Majesty to give me leave to propose your writing to the Queen that Rosetti may be advised to retire into France, or some other foreign part, for awhile, and that the Capuchins may likewise disperse,' &c. Clarendon's State Papers, vol. ii. p. 113.

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them he knew the minds of several nations, which is a brave thing: as we count him a wise man that knows the minds and insides of men, which is done by knowing what is habitual to them. Proverbs are habitual to a nation being transmitted from father to son.

CXIX.

QUESTION.

WHEN a doubt is propounded, you must learn to distinguish, and shew wherein a thing holds, and wherein it does not hold. Aye, or no1, never answered any quesIo tion. The not distinguishing where things should be distinguished, and the not confounding, where things should be confounded, is the cause of all the mistakes in the world.

CXX.
REASON.

I. IN giving reasons, men commonly do with us as the woman does with her child; when she goes to market about her business, she tells it she goes to buy it a fine thing, to buy it a cake, or some plums. They give us such reasons as they think we will be catched withal, but 20 never let us know the truth.

2. When the schoolmen talk of recta ratio in morals,

1 Aye or no] I or no, MSS.

1. 21. When the schoolmen talk &c.] Selden follows here the same line of thought as when he says that the Law of Nature means only the Law of God (p. 101). He urges, in effect, that moral rules must be based on positive law, human or divine, and that without this they have no sanction or meaning.