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out at the Window: stay a little and they will come just to you, you may see them quietly. So 'tis when a new Statesman or Officer is chosen; there's great expectation and listening who it should be; stay a while, and you may know quietly.

4. Missing Preferment makes the Presbyters fall foul upon the Bishops: Men that are in hopes and in the way of rising, keep in the Channel, but they that have none, seek new ways: 'Tis so amongst the Lawyers; he that hath the Judge's Ear, will be very observant of the way of the Court; but he that hath no regard will be flying out.

5. My Lord Digby* having spoken something in the House of Commons, for which they would have questioned him, was presently called to the upper House. He did by the Parliament as an Ape when he hath done some waggery; his Master spies him, and he looks for his Whip, but before he can come at him, whip says he to the top of the House.

6. Some of the Parliament were discontented, that they wanted places at Court, which others had got; but when they had them once, then they were quiet. Just as at a Christening, some that get no Sugar-plums, when the rest have, mutter and grumble; presently the Wench comes again with her Basket of Sugar-plums, and then they catch and scramble, and when they have got them, you hear no more of them.

* Lord Digby. He spoke against Strafford's attainder, and was called up to the Lords, June 10, 1641.

Præmunire.

HERE can be no Præmunire. A Præmunire (so called from the word Præmunire* facias) was when a Man laid an Action in an Ecclesiastical Court, for which he could have no remedy in any of the King's Courts, that is, in the Courts of Common Law, by reason the Ecclesiastical Courts before Henry the Eighth were subordinate to the Pope, and so it was contra coronam et dignitatem Regis; but now the Ecclesiastical Courts are equally subordinate to the King. Therefore it cannot be contra coronam et dignitatem Regis, and so no Præmunire.

* Præmunire, more properly Præmonere. To incur a præmunire, according to the Stat. 16 Rich. II. c. 15, was to be out of the King's protection, to forfeit Lands and goods and to be imprisoned. See Fuller's Church History, p. 148. Coke's 12th Report, p. 37. "A Præmunire is a writ issued out of the King's Bench against one who hath procured any Bull or like process of the Pope from Rome, or elsewhere, for any Ecclesiastical place or preferment within this realm; or doth sue in any foreign Ecclesiastical court to defeat or impeach any judgment given in the King's Court.The writ was much in use during the time the Bishop of Rome's authority was in credit in this land, as there were there two principal authorities—the Spiritual in the Pope, and the Temporal in the King. But since the foreign authority in Spiritual matters is abolished, and either jurisdiction is to be agnized to be settled wholly and only in the Prince of this land, sundry wise men are of opinion that there can be no Pramunire by the statutes at this day against any man exercising any subordinate jurisdiction under the King." See Sir Thomas Ridley's "View of the Civile and Ecclesiasticall Law." Oxford, 1676, p. 153, &c. Barrington's Observations on the more antient Statutes, 1762, 4to. p. 251.

Prerogative.

REROGATIVE is something that can be

told what it is, not something that has no

Name: just as you see the Archbishop has his Prerogative Court, but we know what is done in that Court. So the King's Prerogative is not his will, or, what Divines make it, a power, to do what he lists.

2. The King's Prerogative, that is, the King's Law. For example, if you ask whether a Patron may present to a Living after six Months by Law? I answer no. If you ask whether the King may? I answer he may by his Prerogative, that is by the Law that concerns him in that

case.

Presbytery.

HEY that would bring in a new Government, would very fain pursuade us, they meet it in Antiquity. Thus they interpret Presbyters, when they meet the word in the Fathers. Other professions likewise pretend to Antiquity. The Alchymist will find his Art in Virgil's Aureus ramus, and he that delights in Optics will find them in Tacitus. When Cæsar came into England they would persuade us, they had Perspective-Glasses, by which he could discover what they were doing upon the Land, because it is said, Positis Speculis: the meaning is, His Watch or his Sentinel discovered this, and this, unto him.

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 them who have been in place before them. Next, the Laymen have other professions to follow: the Presbyters make it their sole Business; and besides, too, they learn and study the Art of persuading: some of Geneva have confessed as much.

3. The Presbyter with his Elders about him, is like a young Tree fenced about with two, or 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 concerning the Jus Divinum of Presbytery,* their asking

* The Assembly met with many difficulties; some complaining of Mr. Selden, that advantaged by his skill in antiquity, common law, and the Oriental tongues, he employed them rather to pose than profit, perplex than inform the members thereof-in the 14 queries he proposed; whose intent therein was to humble the Jure-divino-ship of Presbytery; which though hinted and held forth, is not so made out in Scripture, but, being too scant on many occasions, it must be pieced with prudential additions. These queries being sent from Parliament to the Assembly, it was ordered that in the answers proof from Scripture be set down with the several texts at large, in the express words of the same,

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 show 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 Reckoning, he puts his Hands into his Pockets, and keeps a grabbling 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 Man can quickly find his own Money.

Priests of Rome.

HE Reason of the Statute against Priests, was this: In the beginning of Queen Elizabeth

there was a Statute 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 [it] was his business to fetch men off from their Obedience.

2. When Queen Elizabeth died, and King James came in, an Irish Priest does thus Express it: Elizabetha in orcum detrusa, successit Jacobus, alter Hæreticus.

&c. On receiving these queries the Assembly is in great purturbation, appoints a solemn fast, and a committee to consider the answers.

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