statutes, either because he that compiled the book, would not have the name of the pope there, or else he would not let it appear that they meddled with any such thing, but 'tis upon the rolls.

10. When our clergy preach against the pope, and the Church of Rome, they preach against themselves; and crying down their pride, their power, and their riches, have made themselves poor and contemptible enough; they did it at first' to please their prince, not considering 10 what would follow. Just as if a man were to go a journey,

1 They did it at first] altered in H. and H. 2 from 'they dedicate first,'

a reading which stands in S., and in the early printed editions.

translated. A few words in the following extract have been changed where the translation does not quite agree with the original text:

'Because our Sovereign Lord the King hath perceived, as well by Letters Patent newly come from certain Cardinals, rebels against our Holy Father Urban now Pope, as otherwise by common fame, that division and discord was betwixt our said Holy Father and the said Cardinals, which afforced them with all their power to depose our said Holy Father from the state papal, our Sovereign Lord the King caused the said letters to be showed to the Prelates, Lords, and other great men of the realm being at the said Parliament . . . . and it was pronounced and published by the said Prelates, by great and notable reasons there showed in the full Parliament, that the said Urban

....

....

was duly chosen Pope, and that so he is and ought to be true Pope, and ought to be accepted and obeyed as Pope and chief of Holy Church. And this to be done all the Prelates, Lords and Commons in the said Parliament do accord.' 2 Richard II, stat. 1, ch. 7.

It appears from Walsingham's History that the interference of the English Parliament had been expressly sought by both parties to the dispute.

'Ad idem Parliamentum venerunt solemnes ex Italiâ papales nuntii .... declarantes injurias et damna quae idem dominus Papa pertulit insolentiâ apostatarum cardinalium, qui nitebantur eundem cum universâ Ecclesiâ subvertere et infirmare. Venerunt et nuntii eorumdem cardinalium . . .. allegantes fortiter pro iisdem. Sed Domino Deo avente, qui cuncta juste disponit, repulsi sunt apostatici, et admissi Papales, promissumque subsidium Domino Papae.' Thomas Walsingham, Hist. Angl. p. 216, as printed in Camden's Anglica, Normannica, &c., Script. (Francfort, 1603).

and seeing at his first setting forth the way clean, ventures forth in his slippers, not considering the dirt and the sloughs that are a little further off, or how suddenly the weather may change.

CVII.

POPERY.

I. THE demanding a noble for a dead body passing through a town, came from hence. In time of popery, they carried the dead body into the church, where the priest said dirges; and twenty dirges at fourpence a-piece come1 to a noble; but now 'tis forbidden by an order 10 from my lord marshal, the heralds carry his warrant about them.

2

2. We charge the prelatical clergy with popery to make them odious, though we know they are guilty of no such thing just as heretofore they called images mammets, and the adoration of images mammetry; that is Mahomets and Mahometry, odious names; when all the world knows the Turks are forbidden images by their religion.

1 Come, H. 2] comes, H.

1. 10.

2 Carry, H. 2] carrying, H.

but now 'tis forbidden &c.] That it continued or was revived after Selden's day appears from the register of St. Clement's parish, Oxford: 'The Earl of Conway being carried through the parish in a hearse, and the minister of St. Clement's appearing in his surplice to offer burial, he received for the same 6s. 8d. The same he received for Sir Lionel (Leoline?) Jenkins, whose corpse was brought through the parish, and interred in Jesus College Chapel.' See Peshall's Wood's City of Oxford, p. 284 (1773, 4to). The first and only Earl of Conway died without issue in 1683. Sir Leoline Jenkins died in 1685, and was buried in Jesus College Chapel. I am indebted to Mr. C. H. O. Daniel for the above reference.

CVIII.

POWER. STATE.

1. THERE is no stretching of power. 'Tis a good rule, eat within your stomach, act within your commission.

2. They that govern most, make least noise. You see when they row in a barge, they that do the drudgery work, slash, and puff, and sweat; but he that governs sits quietly at the stern, and scarce is seen to stir.

3. Syllables govern the world.

4. All power is of God means no more than fides est 10 servanda. When St. Paul said this, the people had made Nero emperor. They agreed, he to protect, they to obey. Then God comes in, and casts a hook upon them, keep your faith; then comes in all power is of God. Never king dropped out of the clouds. God did not make a new emperor, as the king makes a justice of peace.

5. Christ himself was a great observer of the civil power, and did many things only justifiable because the state required it1, which were things merely temporary for the time that state stood; but divines make use of 20 them to gain power to themselves; as, for example, that of Dic ecclesiæ, Tell the church; there was then a Sanhedrim, a court to tell it to, and therefore they would have it so now.

6. Divines ought to do no more than what the state permits. Before the state became Christian, they made their own laws, and those that did not observe them, they excommunicated, [naughty men] they suffered them to 1 Required it, H. 2] required, H.

1. 8. Syllables govern the world] Conf. Considerare debemus quod verba habent maximam potestatem; et omnia miracula facta a principio mundi fere facta sunt per verba. Et opus animae rationalis precipuum est verbum.' R. Bacon, Opus Tertium, cap. 26 (p. 96, Brewer's ed.).

come no more amongst them. But if they would come amongst them, could they hinder them? By what law? By what power? They were still subject unto the state, which was heathen. Nothing better expresses the condition of the Christians in those times, than one of the meetings you have in London, of men of the same country, of Sussex-men, or Bedfordshire-men; they appoint their meeting, and they agree, and make laws amongst themselves [he that is not there shall pay double, &c.], and if any one mis-behave himself, they shut him out of their 10 company; but can they recover a forfeiture made concerning their meeting by any law? Have they any power to compel one to pay? But afterwards when the state became Christian, all the power was in them, and they gave the church as much, or as little as they pleased; took away when they pleased, and added when they pleased.

ΙΟ

7. The church is not only subject to the civil power with us that are protestants, but also in Spain, if the church does excommunicate a man for what it should not, the civil power will take him out of their hands. So in 20 France, the bishop of Angers altered something in the

1. 19. but also in Spain] Selden, in his treatise De Synedriis veterum Ebraeorum, offers full proof of the supremacy of the Civil Power in France and Spain as well as in England. See Works, i. 975 ff. In the Preuves des Libertez de l'Eglise Gallicane, a work to which Selden refers as a leading authority, there are numerous instances given in which French excommunications, illegally pronounced, have been annulled by the civil power, or in which their authors have been forced to revoke them. See ch. vi. p. 92 ff., and the Traitez des droits et libertez de l'Eglise Gallicane (a companion volume to the Preuves), in which the subject is discussed at length by several writers.

1. 22. the bishop of Angers &c.] This was in 1602. See 'Arrest de la Cour donné en l'audience, sur l'appel comme d'abus du changement du Breviaire d'Anjou, ordonné par l'Evesque d'Angers en l'Eglise de la Trinité audit Angers, de l'injonction par luy faite d'user de celui du Concile de Trente.'

The case was heard on complaint by the Canons and Chaplains of the Church, and the decree of the Court, as entered on the Registres

Breviary; they complained to the parliament at Paris, that made him alter it again, with a comme d'abus1.

8. The parliament of England has no arbitrary power in point of judicature, but in point of making law.

9. If the prince be servus natura, of a servile base spirit, and the subjects liberi, free and ingenuous, often-times they depose their prince, and govern themselves. On the contrary, if the people be servi natura, and some one amongst them of an ingenuous 2 free spirit, he makes him10 self king of the rest; and this is the cause of all changes in state, commonwealths into monarchies, and monarchies into commonwealths.

IO. In a troubled state we must do as in foul weather upon the Thames, not think to cut directly through; so, the boat may be quickly full of water; but rise and fall as the waves do, give as much as conveniently

we can.

1 Comme d'abus] the MSS. and printed editions go wild here; comine abuse, H., come abuse, H. 2, còm è abuse, S., comme abuse, 1st and 2nd editions.

2

Ingenuous] H. reads free and ingenious, but gives 'ingenuous' a line or two afterwards. The words are confused here and elsewhere in the MSS.

de Parlement, was 'La Cour . . . . ordonne que le service divin ordinaire en l'eglise de la Trinite soit continué; et a fait et fait inhibitions et defenses audit Evesque d'innover aucune chose en l'exercise et celebration du service divin aux eglises de son diocese sans l'authorité du Roi.' Preuves des Libertez de l'Eglise Gallicane, ch. xxxi. p. 842.

The chapter is headed 'Que le changement des Missels et Breviaires des Eglises particulières de France, ne se peut faire sans ordre et permission du Roy.' It gives several instances in which an attempted change had been annulled.

1. 2. with a comme d'abus.] The appeal from the spiritual to the temporal power is known as l'appel comme d'abus: the person pleading it is described as appellant comme d'abus. Preuves des Libertez, p. 104 and passim.