and then thus altered viz. By the Assent of the Lords Spiritual and Temporal and at the special instance and request of the Commons and in the fifth of the same King By the Advice and Assent of his Lords Spiritual and Temporal and at the request of the Commons which so continued without any variation in substance until the 18th of Henry 6. at what time it became as we have it now viz. By the Advice and Assent of the Lords Spiritual and Temporal and the Commons Besides if the Lords Spiritual were not a third Estate what is the reason that at the making of the Statute of Praemunire that the Commons having declared that they would stand to the King in the defence of his Liberties and praying that all the Lords as well Spiritual as Temporal severally and all the Estates of Parliament might be examined how they thought of that matter The Lords Temporal being so demanded answered every one by himself and in like manner the Lords Spiritual severally examin'd answered by themselves which affords me a double Argument 1. That by all the States of Parliament there must be necessarily intended more than two if it were for no other reason than mere propriety of Speech 2. That the King could not make up that other or third Estate because he is desired to examin all the States severally which he could not do if he had been one of them himself so in the 40th of Edw. 3. which I should have named first when the King asks advice of his Parliament Whether King John could have subjected the Realm as what in him lay he did The Prelates by themselves the Dukes Earls and Barons by themselves and the Commons by themselves answered That he could not From which nothing seems clearer to me than that the Lords Spiritual are one Estate distinct from the Lords Temporal or otherwise what needed they have been examin'd by those several names of Spiritual and Temporal or as severally answer'd by the same appellations 5. And now if yet there remain'd any doubt we have one Act of Parliament clear in point where the question being whether the making of Bishops had been duly and orderly done according to Law the Statute says which is much tending to the slander of all the State of the Clergy being one of the greatest States of this Realm And so having found Three Estates without the King I think in good manners we ought to spare him I have hitherto offered some Reasons nor without their Authorities I come now to somewhat more direct if yet those of the 40th of Edw. 3. the 16th of Rich. 2. and the 8th of Qu. Eliz. last mentioned could be thought otherwise I 'll begin with the Statute of H. 8. where this Kingdom is called an Empire governed by one Supreme Head and King unto whom a Body Politick compact of all sorts and degrees of People divideth in Terms and by names of Spiritualty and Temporalty been bounden and who can believe that the Authority of a Parliament should utter any thing in Parables or under double meanings contrary to the common sense of the express words or that there was ever intended by the words divided in Terms and by names of Spiritualty and Temporalty so many mere words and no more However to take off all doubt Sir Edw. Coke says The High Court of Parliament consisteth of the Kings Majesty sitting there as in his Royal Politick Capacity and of the Three Estates of the Realm viz. the Lords Spiritual the Lords Temporal and the Commons And so Cowel The word Parliament in England we use it for the Assembly of the King and the Three Estates viz. the Lords Spiritual Lords Temporal and the Commons And Title Statute he saith it signifieth a Decree or Act of Parliament made by the Prince and the Three Estates unto whom as I said before they are subordinate in the Legislation and of no Power of themselves but joyned to their Figure have the full strength of their places which in short we may thus farther demonstrate under the familiar instance of a Dean and Chapter of whom the Dean is no part but Caput Capituli the Head of them And now if any one shall demand why this term of the Three Estates does not so frequently occur to us of Ancient time I answer That before the Commons were brought in there was no thought of it and since that time no dispute of it until of late where many a worse twig was even learnedly made use of to stilt and bolster a Ricketed Cause· However it is not too late that the Point is cleared now And so we have it in the Act for Unifermity of Publick Prayers made the 14th of this King where the Form of Prayer for the Fifth of November is thus entitled A Form of Prayer with Thanksgiving to be used yearly on the Fifth day of November for the happy deliverance of the King and the Three Estates of the Realm c. And with this agrees the Kingdom of Scotland of which Mr. Cambden in his History of Britain says That their Supreme Court is their Parliament which consisteth of Three Estates The Lords Spiritual the Lords Temporal and the Commons for Cities and Burghs of which the King is Directus totius Dominus And so a Parliament of that Kingdom reckons them It is ordained by the King by Consent and Deliverance of the Three Estates And the Act of asserting the Kings Supremacy over all Persons and in all Causes Ecclesiastical and the late Indictment against Argile and the Acts for the Acknowledging and Asserting the Right of Succession to the Imperial Crown of Scotland And that other for ratifying all former Laws for the security of the Protestant Religion agree in point with it Nor is it strange they should inasmuch as neither their Langue nor their Laws especially such as are criminal as may be seen by comparing their Regiam Majestatem with our Glanvil De Legibus written in Henry the Second's time much differ from ours And the Union of the two Crowns in the Person of King James is called An Union or rather a re-uniting of two Mighty Famous and Ancient Kingdoms yet anciently but one And that the Laws of Ireland a distinct Realm or Kingdom from both say nothing of this matter I take it to be for the same reason that the Romans made no Law against Parricide They never dreamt it SECTION VII Admitting what has been before offer'd wherein has our present King merited less than any of his Royal Ancestors with a short recapitulation of Affairs as they had been and were at his Majesties most happy Restauration and that he wanted not the means of a just Resentment had he design'd any I Have hitherto shewn that the Crown of England c. is Supreme Sovereign and Imperial nor will it be from the purpose now to demand Wherein has our present King less merited than
by him as Consul but as having the regal power of life and death within his Family for besides that the Consuls were as yet in their Biggens they never at any time afterward had any regal power nor could they either make Laws Peace or War or so much as whip a Citizen but in time of War without leave of the People whose Subjects and Servants they were and might be imprison'd by the least of the Tribunes of the People as was Philippus the Consul by Drusus the Tribune for that he interrupted him as he was speaking to the people from all which I infer that Families who as I said were before publick Societies were under the absolute obedience of one who had a regal power in him and ruled as King over them Howbeit in after times when Fathers began to abuse that Authority it was thought fit to abridg them of it and place it in the hands of the more publick Father the King a Kingdom being no other than a great Family wherein the King hath a paternal power But to proceed as the world increased so did these Families and being now extrafamiliated became a part of the Common-wealth and for want of room at home swarm'd abroad into larger Families and Septs but under the obedience still of one common head thereof so Esau is called the Father of Edom and the Dukes descended from him were heads of Families and Esau their chief Hi Duces Edom habitantes in terra imperii sui ipse Esau est pater And we read that Abraham when he pursued the four Kings in the relief of his Brothers Son and Ally Lot set out 318 expeditos vernaculos light harnessed men at Arms born in his own house Yet hitherto these may be rather called Reguli than Reges as being Princes of a narrow Territory and much of the same with the Kings we read of in the same Chapter or the 31 Kings that were vanquish'd by Joshua But when in process of time Kings began to encroach upon their Neighbors and that whatever it were they had already only shew'd them how much more was wanting then also were their Kingdoms enlarged And the first of this kind we read of was Nimrod whom Bodin calls a Lordly Monarch and the Scripture a mighty Hunter not only in that he was a great King or as he has it an oppressor but rather and the more probable that he was the first that usurp'd on his Neighbors rights to enlarge his own Dominions that path which he first discovered his Son Ninus further laid open with his Sword and left it to his Heirs who held it for above a thousand years from them the same Sword translated it to the Medes and Persians and from them to Alexander by the same way and continued by by the same right among his Successors till being crumbled by them into lesser morsels yet still Monarchs it became the fitter for the Roman Swallow and at last an Empire again under Octavius Caesar that unwieldy lump of the Roman Republick being but a concretion of heterogeneal parts which like the toes of Iron and Clay in Nebuchadnezzar's Image might stick together for a while but never incorporate but of this more at large in proper place Nor were these four transcendent Monarchies the only instances of Monarchy inasmuch as it hath gone out into all Lands and there is neither Speech nor Language where it has not been heard among ' em The Seythians Aethiopians Indians Aegyptians Armenians Bactrians c. Nations famous in their Ages were all govern'd by Monarchs and the Jews when they demanded a King over them that they also might be like all the Nations what other did they imply but that all other Nations for ought at least they had heard were govern'd by Kings The Cappadocians vanquisht by the Romans had lost their King and being persuaded by them to take a popular State refus'd it as declaring they could not live without a King In short where we meet the most ancient Kingdoms mentioned we hear not so much as a Rat behind the Hangings the least word of Aristocracy and as little of Democracy That all Greece was anciently under Kings was never doubted and till long after Homer's time Aristocracy was never dreamt of And when the Roman Democracy began is but to ask the next School-boy when the Tarquins ended and therefore he that shall say of either of them that in comparison they were more than of yesterday may have it also said of himself he knows nothing But what need I run so far back when there are so many examples before us even at our own doors And therefore to pass the Polonians Danes Moscovites Tartars Turks Abissines Moors c. yea and the salvage People discover'd by the Spaniard and our selves in the Indies where all of them as guided thereto by the dictates of nature liv'd under a Monarchy The English Scots French Spaniard Irish the first and last only excepted during the 12 years Fever of a Rebellion never knew other Government than that of Kings and therefore if we shall follow the advice of the Prophet State super vias antiquas videte quaenam sit via recta vera ambulate in ea Stand upon the old paths and consider which is the right and true way and walk in it Custom and usage claims that reverence from us as that we give Monarchy the precedency of all other Governments not only in respect of its antiquity beyond any other State but as most universally receiv'd throughout the world and consequently allow that of Aristotle otherwise no great friend to Monarchy Necesse est eam quae à prima maximeque divina cecidit esse deterrimam In short the Schools may dispute it but time hath try'd it Other States may have curious frames but they are soon out of order But Monarchy like a work of nature is well compos'd both to grow and continue SECTION III. That all Governments have a natural tendency to Monarchy Their several Forms and Rotations of Aristocracy Democracy Tyranny to be rather wisht than either Examples of Athens and Rome the first Consulate Their Tribunes several Seditions Marius and Sylla Crassus Caesar Pompey The two latter divide Caesar complemented to Rome by the Senate The Triumvirate their Proscriptions and breach No peace till Monarchy restor'd under Augustus The sense of those times touching this matter I Have in the former Sections endeavoured and I hope satisfi'd my unbyass'd Reader that Monarchy is of Divine Institution and has been the most anciently receiv'd and exercis'd Government throughout the world even from the first of time I come now to shew that all other notions of Government of what kind soever have a natural tendency to Monarchy and like massie bodies retain a trepidation and wavering till they fix and settle on the same centre whence they were first moved Nor can
of Peace and War and this appears within the very letter of their demands viz. That he might judg them which is the power of Peace and go out before them and fight their Battels which is the power of War And what Authority he had in matters of the Church may be seen in this That Solomon of himself thrust out Abiathar the High-Priest and appointed Zadok in his room And that even the Horns of the Altar were no Sanctuary against him in case of Treason may be also seen in Adonijah and Joab and yet we cannot so much as gather that God was offended with him for his so doing or that his person was the less acceptable to him by reason of those matters To which if it be objected That God gave them a King in his anger I answer Moses having foretold the Israelites that when they came into the Land they would be asking a King charges them to set him over them whom God should choose which shews That a popular Election was utterly forbidden them yet they weary of such Judges as had succeeded Moses and whom God had raised to rule them as Kings demand a King like all the Nations i. e. of a more absolute power than those Judges had and therefore not staying Gods time but taking upon them to be their own Carvers he is said to have given them a King in his wrath in that they had not rejected Samuel but himself who had appointed Samuel In acknowledgment of which and as sensible of their error they ever after accepted their Kings by Succession unless only when their Prophets had anointed and ordained another by Gods special designation Nor do we find any one in Holy Writ chosen King by the Children of Israel but Abimelech the Bastard of Gideon and Creature of the People who also came in by Conspiracy and Murder And as it seems probable Jeroboam who made Israel to sin for they had sent to him at that time a discontented Fugitive in Egypt and he headed them in a complaint of Grievances to Rehoboam which occasion'd the revolt of the ten Tribes both which yet reigned as wickedly as they entred unjustly and perish'd miserably SECTION V. What is here intended by a Supreme Monarchy The marks of Sovereignty as the Power of making Laws and exemption from any coactive obedience to them The Power of Peace and War c. That the Kingdoms of England c. are Supreme Imperial Monarchies Those two marks of Sovereignty and seven others prov'd to be no other than what has ever been the undoubted Right of the Kings of England The Kings Sovereignty by the Common Law The like from the Statute Law Power in Ecclesiasticks And that they have justly used those Titles of King and Emperor and that from ancient times and before the Conquest I Have now brought my Discourse whither I first design'd it and therefore to avoid confusion which ever attends the being too general I shall first shew my Reader what I mean by a Supreme Imperial Monarch at this day and in the next place prove the Kings of England c. are such And lastly that however the Emperors of the West and East have so much striven about that great Title of Emperor or Basileus that yet the Kings of England as Supreme within their Dominions have also and justly from ancient Ages used it as no less proper to their own independent greatness As to the first The Regal Estate and Dignity of a King is of two sorts The one Imperial and Supreme as England France Spain c. who owing no service to the Majesty of another is his own Master and hath an absolute Power in himself no way subject to the controul of another and of such a one speaks Martial Qui Rex est Regem Maxime non habeat The other an Homager or Feudatary to another King as his Superior Lord such as that of Navar and Portugal of old to Castile Granada and Leon to Aragon Lombardy Sicily Naples and Bohemia to the Empire six parts of the Saxon Heptarchy who acknowledged the seventh Anglorum Rex primus and such was Aella King of Sussex the Kings of Man and others of whom I shall have occasion to speak hereafter hereafter The first of these is what I intend and will be the better made out if we cast our eyes a little on the marks of Sovereignty and then consider wherein they differ from our own Laws And amongst others we find these 1. The Power of making Laws and so what our English Translation calls Judah my Law-giver is in the vulgar Latin Juda Rex meus Judah my King This power being one of the principal ends of Regal Authority and was in Kings by the Law of Nature long before Municipal Laws had any Being the people at that time being govern'd by a natural equity which by the Law of Nature all were bound to observe And so the Poet Remo cum fratre Quirinus Jura dabat populo The like of King Priam Jura vocatis More dabat populis And of Augustus Legesque tulit justissimus Auctor So Cicero speaking of Julius Caesar as a Law-giver saith thus Caesar si ab eo quaereretur quid egisset in Toga Leges se respondisset multas praeclaras tulisse Though many yet received Laws at the will of their Prince and thus Barbaris pro legibus semper imperia fuerunt which word barbarous at that time carry'd no disgrace with it but was apply'd to them that spoke a strange Language And so the Hebrews called the Egyptians of all other Nations the most civiliz'd and learned for that they us'd the Egyptian Tongue and not the Hebrew as we have it in the Psalmist When Israel came out of Egypt and the house of Jacob de gente barbaro from a people of strange language And as they gave Laws to others so were they loosed from the force of them themselves i. e. from all coactive Obedience or Obligation to any written or positive Law Thus M. Antony when press'd by his Cleopatra to call Herod in question answer'd It was not fitting a King should give an account of what he did in his Government it being in effect to be no King at all And to the same purpose Pliny Ereptum principi illud in principatu beatissimum quod non cogitur Another mark of Sovereignty is the power of Peace and War and which as Bodin says was never doubted to be in a King In like manner to create and appoint Magistrates especially such as are not under the command of others The power of the last appeal To confer Honors To pardon Offenders To appoint the Value Weight and Stamp of his own Coin and make Forein Coin currant by Proclamation To receive Liege Homage of an inferior King And bear those Titles of Sacred and Majesty only proper to Sovereign Princes apart from all others of
when Pope Innocent the Third had against the declar'd will of King John caused Stephen Langton to be Elected Arch-Bishop of Canterbury and after that confirm'd him and wrote to the King to receive him the King returns that he the Pope had subverted the Liberties of his Crown and that therefore he would prohibit all People going to Rome and from making appeals thither which confirms my former instance and that this Power was always in the King however for a time it might have happen'd to be neglected for otherwise it had been a vain thing in him to have expell'd the Monks of Canterbury as Traytors which he actually did or to have imagin'd that a Bigotted Seditious Clergy as at that time they were and to be headed by that Arch-Bishop at least no friend to the King if not his Enemy should be frighten'd with an empty Bug bear touching a matter whereof he had no cognisance had he not been satisfi'd it was in his Power to do it as well as his Father before him had done it And having thus occasionally nam'd him let me with all submission offer this to the memory of that unfortunate Prince that his designs in order to the freeing the Crown from Forein usurpation were mighty and that he came short in what Henry the Eighth afterwards effected was not that he was less able but his times worse for considering the unsettled condition of those times and at what disadvantages he came in what wonder if he were oppress'd by a Faction when deserted by his Subjects who otherwise had never suffer'd him to have made that Crown to the defence of which they had all sworn tributary which many years afterward when the Arrears of that Tribute were demanded was too late tho effectually enough declar'd in Parliament he could not do nor they consent to the doing it But to proceed When after this the Sea of Rome would be yet intermedling it was by all the States of Parliament severally examin'd and answering each State one by one personally for it self unanimously Declar'd That the Pope's awarding any Processes or Sentences of Excommunication c. against any Bishops or other Spiritual Persons for executing Judgments given in the Kings Courts was clearly in derogation of the Kings Crown and Regality used and approved of the time of all his Progenitors and which they would maintain as they were bound by their Liegance and thereupon Enacted That the purchasing any Bulls from Rome or elsewhere shall be a Premunire In which it is observable That as the Judges before that time were for the most part Church-men the Laity being not yet come up to Letters or where they were Rari nantes in gurgite vasto The Lords Temporal and the Commons of this Parliament were all Romanists and of what Persuasion the Lords Spiritual and their Assistants the then Judges were I leave to every man the question at that time being not matter of Religion but right of Superiority not the Church but Court of Rome And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome saith it is but declaratory of the ancient Law of this Realm And in another place The same Authority that the Pope ever exercised in this Kingdom by Usurpation was always in the King de jure With which also agrees the Lord Chief Justice Hobart That whatsoever the Pope did in this Kingdom even then when he was in his greatest height and strength was of no better force in right and justice than at the first when he was but simple Bishop of Rome which was coram non Judice and so Jus non habenti tuto non paretur 5. The Power of conferring Honors on which account he may also enable a man to assign his Surname Arms and Barony to another For as by the Laws of England all Lands within the same were originally derived from the Crown and holden of the King either mediately or immediately as Lord Paramount so also by the same Laws were all degrees of Nobility and Honor derived from the King as the Fountain of Honor. So H. 6. granted to H. Beuchamp Ut esset primus praecipuus Comes Angliae and that he should use the Title of Henricus Praecomes totius Angl c. ibid. 361. First Earl of all England c. And to the name Count or Earl which was the most ancient name of Dignity among the Saxons Edw. 3. Ang. Greg. 11. created the Title of Duke as distinct from that of Earl for in elder times they were oft synonimous with us and created his eldest Son the Black Prince then Earl of Chester into the Title of Duke of Cornwal which he created into a Dutchy and about the 18th of his Reign the most noble Order of the Garter And in the 9th of R. 2. Robert de Vere Earl of Oxford was created Marquess of Dublin And H. 6. the 18th of his Reign created John Lord Beaumont Viscount Beaumont of which Titles we find no mention in the Magna Charta 9. H. 3. for they were not at that time in being And to this yet further the Kings of England have and may at this day create a County-Palatine which none but the Emperor or a Supreme Monarch may do for whoever is owner thereof hath in that County Jura Regalia as fully as the King in Palatio Par curis solo diademate dispar So Hugh Lupus Nephew of King William the Conqueror was by him created Earl of Chester and the County given him Tenendum sibi haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam by which general words he had Jura Regalia within the said County and consequently a County-Palatine without express words and by force thereof he created eight Cheshire Barons So not long after his time was the County-Palatine of Durham raised And in the 10th of H. 1. the Royal Franchise of Ely In the 13th of Edw. 3. the County-Palatine of Pembroke And in the 50th year of his Reign the County of Lancaster was by him erected into a County-Palatine and by him given to his fourth Son John of Gaunt then Duke of Lancaster for life to which if any one shall say that it was De assensu praelatorum procerum Sir Edw. Coke answers for me That the King may make a County-Palatine by his Letters Patents without Parliament Add to this the three first Counties-Palatine created in Ireland by Henry the Second viz. Leinster which he granted to Earl Strongbow who had married the Daughter and Heir of M. Morough Prince of Leinster 2. Meath to Sir Hugh Lacy the Elder 3. Ulster to Sir Hugh Lacy the younger and had their Barons under them answerable to the Barons created by H. Lupus of which before Of which you may read excellent Learning
in the Case of the County-Palatine of Wexford reported by Sir John Davys at that time Attorney-General of Ireland As also the County-Palatine of Tipperary formerly enjoy'd by the Ancestors of his Grace James Duke of Ormond c. the present Lord Lieutenant of the same and granted restored and confirm'd to him by Letters-Patents at Westminster the 22. of April in the 14th of this King and not long afterward confirmed by Act of Parliament in Ireland and whence also he bears it as a part of his Titles Dominus Regalitatum Libertatum Comitatus Palatini Tipperarii Nor is this all The Kings of England have created Kings within their own Dominions and for such has the world received them So King Henry the Second in the 13th year after his coming into Ireland made his Son John King of Ireland And Henry the Third his Son Edward the First Lord of Ireland and well own'd the doing it albeit until the 33 Henry 8. they wrote but Lords themselves for their Dignity was merely Royal as having their Justices Custodes or Lord Lieutenants and all things belonging to the Royal Estate and Majesty of a King And Sir Edw. Cooke tells us he has seen a Charter made in 20. H. 6. to Henry Beuchamp Earl of Warwick whereby he was created King of the Isle of Wight and as saith Mr. Selden Crowned King of the same 6. The Power of Pardoning which is a Royal Act of Grace whereby the King either before Conviction Sentence or Attainder or after forgiveth any Crime Punishment Execution Right Title Debt or Duty Temporal or Ecclesiastical on which account he may restore a man that has lost Liberam Legem by being recreant As also all that is forfeited to him by Attainder c. he may restore by his Charter but if by the Attainder the Blood be corrupted that must be restored by Act of Parliament of which more at large in Sir Edw. Cooke Titles Pardons and Restitutions 7. To appoint the Value Weight and Stamp of his Coin and make Forein Coin currant by Proclamation As to the first we need go no farther than the smallest Piece and that will tell us whose Image and Superscription it is and therefore called the Kings Money and so King John brought the Irish Mony to the English Standard And as to the other the same Sir Edw. Coke tells us That the King by his absolute Prerogative may make any Forein Coin lawful Mony of England at his pleasure by his Proclamation And in another place putting both together he says That lawful Mony of England is of two sorts viz. The English Mony either of Gold or Silver Coined by the Kings Authority or Forein Coin by Proclamation made currant within this Realm 8. To receive Liege Homage of another inferior King or Homager and such was our Henry the Second to the old Kings of Ireland who are stiled Reges Reguli and may more particularly appear in a grant of his to Roderick King of Connaught that he should enjoy his Territory under a certain Tribute Et quam diu ei fideliter serviet ut sit Rex sub eo Paratus ad servitium suum sicut homo suus And that Oneale is sometime stiled Rex and sometime Regulus denotes the Subject-Kings of that Country And long before the Conquest Edgar had eight Reguli or inferior Kings Homagers to him who at one time row'd him on the River Dee himself guiding the Helm and afterwards glorying to his Nobility that then every one of his Successors might boast himself to be King of England when he receiv'd the like Honor from so many Kings his Attendants So Reignald Lord or King of Man Cui etiam fas erat Corona aurea Coronari and those of Ireland did Homage to our Henry the Third And John Baliol King of Scotland and David Prince of Wales to Edw. the First and James the First to Henry the Sixth for the Kingdom of Scotland So that Liege-Lord is he that acknowledgeth no Superior and a Liegeman is he that oweth Liegance to his Liege-Lord and so the word is frequently us'd in our Statutes viz. The Kings Liege-People And if such a one shall be in open War or Rebellion or joyn with a Forein Enemy against the King he shall not be ransom'd or proceeded with as an Enemy but as a Traytor because it is Contra Ligeantiam suam debitam and so the Indictment runs Such was the case of David Prince of Wales aforesaid who had judgment of Treason given against him for levying War against Edw. 1. for that his was within the Homage and Ligeance of the King 9. Lastly to bear those Titles only proper to Sovereign Princes apart from all others as being indivisible and incommunicable And here not to insist on the words Dei gratia which are familiarly seen in the Titles of the Kings of Europe and Princes of the Empire Spiritual Lords both abroad and at home have of elder times frequently us'd it in their Stiles and in a Summons to our Parliaments and Writs to Assemble or Prorogue the Convocation the King gives it to the Arch-Bishops as Rex c. Reverendissimo in Christo Patri Predilatoque fideli Consiliario nostro A. eadem Gratia Archiepiscopo Cant. c. But in Warrants and Commissions to them it is generally omitted and never us'd by themselves when they wrote to the Pope Emperor or a King but thus A. licet indignus c. Archiepiscopus or Episcopus B. c. whereby the present use of it among our selves is easily reconcil'd in that they receive the Attribute not give it The Kings of England are in the second and third person commonly stiled by that abstract of Majesty as your Majesty his Majesty which came into the Kingdoms of Christendom from the use of it in the Roman Empire the word in it self denoting all kind of special Dignity and if as we should say in English A Greatness And to peruse our Statutes from Magna Charta to our own time the most usual expressions are Our Lord the King The King our Sovereign Lord Most Excellent Highness Royal Majesty Noble Grace Most Excellent Majesty Most Royal Majesty Dread Sovereign Lord Most Gracious Sovereign and as we use it now Most Excellent Majesty and Sacred Majesty which are but the same Attribute in other words and in their own nature so unalienable from Sovereignty that they can by no process of time be Prescrib'd against or usurp'd upon neither can it at all be call'd an Usurpation as if it were proper only to God unless we as well deny Wisdom Power Clemency or any other quality to be attributed to men because those also as all else which is great or good are Primarily in him And so I have done with the marks of Sovereignty as they are generally receiv'd and now if there wanted any thing to
again Hath shewed mercy to his Anointed To which if any man shall object that this was spoken of a good King a man after his own heart I answer That not only Josiah who also was a good King is called the Anointed of the Lord but Saul a King whom God is said to have given in his anger has this sacred Title attributed to him in eight places in the first Book of Samuel and in two other in the second And the same also we find God giving to Heathen Emperors Thus saith the Lord to his Anointed Cyrus to Cyrus whose hand I have holden to subdue Nations before him And ver 4. I have surnamed thee tho thou hast not known me Howbeit tho he knew not his Founder at first it is not long e're we find him acknowledging him Thus saith Cyrus the King All the Kingdoms of the Earth hath the Lord God of Heaven given me c. And he that gave the title of Anointed to Cyrus gave the stile of his Servant to Nebuchadnezzar who yet had sack'd Jerusalem and led the People thereof into captivity when he calls him Nebuchadnezzar the King of Babylon my Servant which also is but the same wherewith he so often favours Moses Joshua and David Neither is this truth that Kings derive their power from God less acknowledg'd by the Heathens than us Christians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings are from Jupiter saith Hesiod and elsewere you find 'em stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 born of Jove and nourish'd by Jove whereby God is made their procreant cause as well as their conservant not as deriving their pedigree from Jupiter but their Kingly honor And what the Poet ascribes to Jupiter the Apostle gives to God For saith he as certain of your own Poets have said we are also his off-spring And what other does the Psalmist's calling them Gods import than that they receive their Authority from God whose place they supply and whose person they represent Many also of the most ancient Philosophers acknowledg the Regal Office to be a Divine good and the King as it were a God among men and that God had given him dominion as we have it at large in The Power communicated by God to the Prince and the Obedience required of the Subject written by the most Reverend the late Lord Primate of all Ireland In short the Psalmist is direct in this point Thou makest him to have dominion over the works of thy hands And therefore when S. Peter calls Government an Ordinance of man it is not that it was invented by men but as proper to them and ordained of God for the good and conservation of human kind and exercised by men about the government of human Society SECTION II. That Adam held it by Divine right Cain a Monarch By the Kingdoms of the most ancient Gentiles not God's but Monarchs were denoted That the original of Power came not from the People by way of Pact or Contract The unreasonableness and ill consequence of the contrary Noah and his Sons Kings A Family an exemplary Monarchy in which the Pater-familias had power of life and death by the right of Primogeniture Examples of the exercise of it in Judah Abraham Jephthah Brutus Vpon the increase of Families they still continued under one head Esau. The four grand Monarchies Ancients and Moderns universally receiv'd it as precedent to all other Governments THat God Almighty was the first King will not be deny'd and that Adam was the next appears by his Commission as I have shewn before a large Commission and of as large extent as having made him a mighty King and universal Monarch and given him an unqestionable right to his Kingdom which was all the inferior world the Earth the Sea and all that therein were insomuch that it might not improperly be said of this matter Jupiter in coelis terras regit unus Adamus Divisum imperium cum Jove Adamus habet And now as all things were created in order and that the infant world might not sit in darkness nor their posterity want a light to guide and direct them what wonder is it that for the preservation of that order God erected a Dominion himself and declar'd his Vicegerent Afterward when the world began to enlarge and men liv'd so long that they begat a numerous posterity Cain with his own Colony went into a strange Land and built a City and called the name thereof after his Sons name Enoch which double act carries the character of a Kingdom in it and that he was as well the King as Father of the Inhabitants neither do the ancientest Gentiles otherwise speak of those elder times than with a clear supposition of Monarchy Those Kingdoms of Saturn Jupiter Neptune Pluto and the like denoting as much and that under those names applied to distinct Kingdoms not Gods but the Monarchs of Land and Sea in the first times were understood And so Cicero Certum est omnes antiquas gentes regibus paruisse And with him agrees Justin Principio rerum gentiumque imperium penes Reges erat But not a word all this while do we hear of the People or that the original of Government came from them by way of pact or contract for if the power of Adam upon his Children and his Posterity and so all mankind whatever depended not on any consent of his Sons or Posterity but wholly proceeded from God and nature then certainly the Authority of Kings is both natural and immediately Divine and not of any consent or allowance of man and consequently the people had no more right to chuse their Kings than to chuse their Fathers Besides to examin it a little farther if this power of paction or contract had been in the people then it must lie in all the people as an equal common right or in some particular part if in all of them they would do well to shew how they came by it or if in any more peculiar part by what Authority were the rest excluded it being a Maxim in Law Quod nostrum est sine facto vel defectu nostro amitti vel in alium transferri non potest Whatever is mine cannot be lost or transferr'd unto another without my own act or defect Nor would it be less enquir'd who were the persons suppos'd to have made the contract or whether all without difference of Sex Age or Condition were admitted to drive the bargain and if so Wives and Children were not sui juris and consequently could not conclude others nor themselves for any longer time than during the disability Which once remov'd they were free again Or if all were admitted whether it were with an equal right to every one or with some inequality was the Servants interest if yet such a thing could be among equals equal with the Masters and if not who made the inequality or if
impunity and how much it was improv'd for the better in our late times among our selves I appeal to the yet calamitous remembrance of it when every man did what was best his own eyes and for the same reason also There was no King in Israel And now who would not rather wish a Tyranny than an Aristocracy or Democracy for as many wise skilful Pilots hinder one another in striving to govern the Helm so will many men of what condition wisdom or virtue soever they may be when every one shall seek to govern the Common-wealth according to the vain images of his own fancy or abus'd imagination In short in the multitude of Counsellors there is wisdom but the determinative part is better performed by one who having digested their opinions will the readier execute that which the other would scarce resolve on without contention it being the nature of Ambition rather to see all lost than admit another wiser than it self or hazard the disrepute of changing its opinion But to proceed and here not to weary my Reader with the state of Athens under the thirty Tyrants or the Lacedemonians under their Ephori who tho they carried the specious shew of restraining their Kings were indeed a scourge and plague to the people I shall only insist on the Romans whose infancy for about 250 years for so Florus reckons it was under Kings And to the same purpose Tacitus Urbem Roman à Principio Reges habuere After this upon expulsion of the Tarquins they set up two Consuls but not satisfied with this also the people take Arms and leaving the City declare they will not return unless there be appointed some Tribunes of the People who might bridle the Disorders of the Consuls and the wealthier sort and 't is granted nor would this yet satisfie they must now know what the Law was and to that end it must be written in twelve Tables for the doing of which the Consuls were laid by and the Decemviri created with the Power quam modo Consules olim Reges habuissent interim cessare omnes magistratus alios donec juxta leges creati fuerint but they as says the same Author having made an agreement among themselves and bound it with an Oath that no one should oppose another but what was approv'd by one should be approv'd by all that they would admit no other to be joyn'd to them but hold an equal Authority among themselves Maximamque partem rerum pro imperio multa tyrannice agerent the People took Arms again and wholly destroy'd their power and as saith Florus laid their persons in chains the third year from the time they were first set up and thereupon the Consuls were again restor'd Add to this the several Seditions of Tiberius Gracchus slain by Scipio Nascica that other of his Brother Caius slain by the Consul Opimius A third of Appuleius Saturninus suppress'd by Marius and that other of Livius Drusus by Philippus the Consul As also the bloody outrages between Marius and Cinna against Sylla of which last not to excuse either of the former Plutarch says that he had slain 100000 men 90 Senators 15 of Consular Dignity and 2000 Gentlemen And touching Marius that of Ovid may not improperly be applied Ausus è media plebe sedere Deus Yet all this will be little more than the beginnings of evil if we consider that Monster of three heads for so those times call'd it viz. Crassus Caesar and Pompey the first was wealthy even to a Proverb Crasso divitior and yet still gaping for more the second was for bringing himself into Estimation and Authority and the latter for keeping what he had already gotten all were alike greedy of Power and therefore no wonder if they so easily agreed for invading the Common-wealth Caesar takes upon him Gaul Crassus Asia and Pompey Spain This rope of Sand held together for 10 years and such I call it for Crassus being slain in Parthia and there wanting a third to ballance the other two they quickly broke asunder Pompey begins to suspect Caesar's Wealth and Caesar casts an ill eye on Pompey's new Authority Nec hic ferebat parem nec ille superiorem Nefas Sic de Principatu laborabant tanquam duos tanta imperii fortuna non caperet The one brook'd not an Equal nor the other a Superior Impossible they made such work who should be Chief as if the fortune of so great an Empire were too little for two In short they made such havock between them that any one region of the world was too little to contain it and therefore it spread thro the whole for Pompey having the ill fate of surviving his Dignity in the loss of his Army at Pharsalia and to be as treacherously murdered by his friend Ptolomy King of Alexandria to whom he had fled for succor his Sons took up the quarrel of whom Cnaeus the younger flying wounded from the Battle of Munda in Spain was pursued by Caesar and slain from which Sextus the elder escaping and having gotten together 350 Ships he was after the death of Caesar overthrown in a Sea-fight near Sicily whence flying into Asia he fell into Anthony's hands and was there slain of which Martial Pompeios juvenes Asia atque Europa sed ipsum Terra tegit Libyes si tamen ulla tegit Quid mirum toto si spargitur orbe jacere Uno non poterat tanta ruina loco And now every thing following the good fortune of Caesar it was not said to the Senate And will ye be last to bring the Conqueror home No they prevented it for besides the bringing his Statues into their Temples inscribing a month of the year to him c. they met their Enemy in the way and having new studded the word Imperator welcom'd him in with the supernumerary Titles of Pater Patriae Consul in decennium Dictator in perpetuum Sacrosanctus Imperator But O the uncertainty of human condition deprav'd natures are never reconcil'd and such those his Flatterers prov'd to him for upon a Conspiracy of Brutus and Cassius and other Senators he was murder'd in the Senate they not longer nevertheless surviving it themselves than in the effects of that Parricide to have beheld that liberty lost they had made such bustle to restore And here again Rome found the want of a Head for Sextus Pompeius having as I said before set up at Sea to recover what his Father had lost by Land and failing in it Octavius must be reveng'd of the murderers of Caesar who had adopted him Antony of them who had declar'd him an enemy and Lepidus whose only business in hopes of Wealth was to fish in troubled waters comes in as fuel to a flame and joyning with Octavius and Antony they made a Triumvirate and under the common pretences of revenging the murder of Julius Caesar and
the further proof of this Sovereign Imperial Monarchy There are yet other Regalities and Prerogatives which the Common Laws of England have ever allowed and never doubted but to be inherent in their Kings And hence it is that the King cannot be said to be a Tenant because he hath no Superior but God Almighty And if the King and a common Person joyn in a Foundation the King shall be the Founder for the thing being entire the Kings Prerogative shall be preferr'd That he shall have the Escheat of all Lands whereof a person attaint of High Treason was seiz'd of whomsoever they were holden That there is no Occupant against the King nor shall any one gain his Land by priority of Entry for Nullum tempus occurrit Regi That half Blood is no impediment to the descent of the Lands of the Crown as was seen in the Case of Queen Mary who was but of half Blood to King Edward 6. and Queen Elizabeth to both for the quality of the Person alters the Descent That the accession of the Crown purges all Attainders as may be seen in the respective Cases of Henry 6. and Henry 7. whose Attainders were no other than a present disability which upon their assuming the Royal Dignity were ipso facto void That the word King imports his Politick Capacity which is never in minority and never dies but extends to all his Successors as well Kings as Queens That he is King before Coronation for besides that the Law suffers no interregnums he holds it by inherent Birth-Right the Coronation being but a Royal Ornament and outward Solemnization of the Descent and not unlike the publick Celebration of Matrimony between a Man and a Woman which adds nothing to the substance of the Contract but declares it to the world That the Ligeance of his Subjects is absolute and indefinite and due to the natural Person of the King by the Law of Nature which is immutable and part of the Law of the Land before any Municipal or Judicial Law and that an Act of Parliament cannot bar the King of the Service of his Subject which the indelible Law of Nature gave him it being a part of the Law of the Land by which subjection is due to him And therefore the Statute That no man notwithstanding any non obstante shall serve as Sheriff above one year bars not the King from dispensing with it And William Lord la Ware altho disabled by Act of Parliament was nevertheless called to Parliament was nevertheless called to Parliament by Queen Elizabeth by Writ of Summons for she could not be barr'd of the Service and Counsel of any of her Subjects Add to this That all Restrictions upon his Sovereign Liberty are void and therefore Publick Notaries made by the Emperor claiming to exercise their Offices in England were prohibited as being against the Dignity of a Supreme King And with this agrees the Statute-Law of Scotland made in the Parliament of the 5th of King James the Third cap. 3. In short when King John had subjected his Crowns of England and Ireland to Pope Innocent the Third and had become his Feodary under the annual Acknowledgment of one thousand Marks to the Pope and his Successors and when afterwards the Arrearages thereof were demanded the Parliament of that year answered That no King can put himself or his Realm in Subjection without their Assent And how far that Assent reach'd we have it in the 42 of Edward the Third where in full Parliament it was further declar'd That they could not Assent to any thing in Parliament that tended to the Disinherison of the King or his Crown whereunto they were Sworn which is no more than what the Statute that prescribes the Oath of the Kings Justices has in it viz. Ye shall not Counsel nor Assent to any thing that may turn him the King in Damage or Disinherison by any manner way or colour And to the same effect are the several Oaths of the Lord Chancellor and Lord Treasurer You shall not know nor suffer the Hurt or Disinheriting of the King or that the Rights of the Crown be decreased by any means as far as you may lett it In a word to omit many others All such things whereof no Subject can claim Property as Treasure-trove Wreck Estrays c. belong to the King by his Prerogative which extends to all Powers and Preheminences which the Law hath given the Crown and is a principal part of the Law of the Land and is called by Bracton Libertas Privilegium Regis both words signifying the same thing i. e. The Kings Prerogative And by Britton Droit le Roy The Kings Right And in the Register Jus Regium which is the same and Jus Regium Coronae The Royal Right of the Crown And since it has not been wound up so high as to endanger the strings what reason is there to wish it let down so low as to render it profanable by the People When the Philistines return'd the Ark of God which they had taken the men of Beth-Shemesh must be prying into it and he that has a mind to know the effect of their curiosity may read it in Samuel God slew one hundred and fifty thousand of them But enough of the Common-Law we 'l in the next place consider what the Statute-Law in further affirmance of the Common-Law saith to this matter And here it cannot be thought saith Sir Edw. Coke that a Statute made by the Authority of the whole Realm will recite a thing against the Truth I 'll begin with that of Richard 2. commonly call'd the Statute of Premunire in which it is declared That the Crown of England hath been ever so free that it is in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other In like manner the Statute of H. 8. against Appeals to Rome saith That by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of people divided in terms by names of Spiritualty and Temporalty have bounden and owen to bear next to God a natural and humble Obedience And near the middle of the said Statute it is further called the Authority and Prerogative of the said Imperial Crown And in the 25 of the same it is called The Imperial Crown and Royal Authority recognising no Superior under God but only your Grace And in the following Chapter besides the frequent use of the word Imperial the Kings thereof are stiled Kings and Emperors of this Realm
assembled the Elders of Israel and all the rulers of the Tribes and the heads of the families of the children of Israel to Jerusalem And here too not a word of the People and yet Sir Edw. Coke calls them both Parliaments and so no doubt but they were somewhat like it or otherwise so many succeeding Centuries had never took pattern from them Not to run so far from home What was our Saxon Witenage mote Micel Synods Micel Gemotes or Great Councils but so many Assemblies of the Wise men concerning whom it is not to be presumed but that they were of the first rate the lump of the People as I so lately toucht it being for many Ages before and after not bred to Letters and consequently more apt for Blows than Arguments and readier to cut the knot in two with their Swords than unty it with their Tongues and in all the Saxon Annals we find the principal or chief Wites or Wise men of the Nation the Assembly of Gods Servants the Clergy then so called Aldermen or Earls Great men Chiefest men Noblemen the constituent parts of those great Councils but no Commons to be found or any that represented them Neither does Sir Edw. Coke in any Authority of his before the latter years of Henry 3. prove any where that the Commons at that time were any such part of those Parliaments for if they had there is no question but he would have nam'd them also as he doth those others that made up those Parliaments Rex Eldredus convocavit Magnates Episcopos Proceres Optimates ad tractandum de publicis negotiis regni King Eldred saith he call'd together his Earls Bishops Barons and Chief men but not a word again of the Commonalty And with this agrees the learned Mr. Selden where we have several other instances to the same purpose but not one word in any of them touching the Commons And as the Saxon Great men were only present in their Great Councils so were only the Norman Barons and their Great men in those of the Conqueror for we often meet Arch-Bishops Bishops Earls Barons but no where find the least mention of the Commons neither is it to be believ'd that his new acquest would yet suffer him to trust a People he had so lately conquer'd or that he made to himself other measures than what he took from his Sword And as to William Rufus his time we find it the same for in the sixth year of his Reign there was a Great Council held at Winchester and in the seventh another at Rockingham and in the tenth De statu regni acturus Episcopos Abbates quosque regni Proceres in unum praecepti sui sanctione egit Being to order some Affairs of the Realm he commanded together the Bishops Abbats and all the Nobility of the Kingdom and yet all this while not a word of the Commons In like manner albeit in the first of Henry 1. Clerus Angliae Populus universus c. the Clergy and all the People were Summon'd to Westminster yet here the word Populus is used as contradistinct to the Clergy to which it is opposed and denotes not any distinct State or Order among Secular men or Laicks but an Order and Estate of men distinct from the Ecclesiasticks or Clergy these two words of Clerus and Populus being the two general States or Orders into which all mankind is divided And so he cites it as quoted by Sir Will. Dugdale touching the Coronation of King Egbert Veniunt Wintoniam Clerus Populus The Clergy and People came to Winchester To which also Mr. Selden gives a great light when of the same Council he saith Ad commune concilium Baronum meorum is mentioned in it Or what means that other of the third of the same King wherein they are call'd Primates utriusque ordinis The Chiefs of both Orders i. e. of the Clergy viz. the Lords Spiritual and of Laity viz. the Nobles who are also called Principes Regni The Chief or Head men of the Kingdom of which also we have several instances in that beloved Physician 's ingenuious learned Answer to Mr. Petit. Neither does it appear that the Great Councils in King Stephen's time consisted of any other than the Clergy and the Nobility there being not the least mention of the Milites or Liberi homines Knights or Free-men or that they acted in them But from these Usurpations we come to Hen. 2. who Robert Duke of Normandy being dead came in upon a rightful Title from his Grand-father Henry 1. and yet the Great Council at Clarendon which was the 10th of his Reign consisted only of Arch-Bishops Bishops Abbats Priors Earls and Chief men of the Kingdom and albeit Mr. Selden as himself from Hoveden says That Clerus and Populus Regni the Clergy and People of the Land were then Assembled it appears not that any other Estate was meant by the word Populus than the Lay Nobles For at the great Council of Northampton which was the following year Rex Statuens celebrare solenne Concilium omnes qui tenebant de Rege in Capite mandari fecit The King having resolv'd to hold a Great Council he Summon'd thither all those that held of him in Capite i. e. in Chief Now to hold in Chief of the King is to hold of him immediately and merely as King and of his Crown as of a Seigneury in Gross and in Chief above all other Seigneuries and not as of or by means of some Honor Castle or Mannor belonging to the Crown And in the preceding leaf Mr. Selden says Tenere de Rege in Capite habere possessiones sicut Baroniam are Synonimies and to hold in Chief and to have their Possessions as Baronies was to have the right of sitting in Councils with the rest of the Barons concerning which it does not yet appear that the Commonalty at that time had any From thence and during the Reign of King Richard the First and until the 15th of K. John we find it the same only at that time the King being at Rochel in France commits the custody of England to the Bishop of Winchester then Chief Justice and writes to his Barons Knights and to all his Feudataries or Vassals thro England That he had received the Popes Letters touching the release of the Interdict under which the Kingdom then lay and of which I toucht before which he had sent to the said Bishop and therefore requires them as of whose kindness and fidelity he had full confidence that according to what the said Bishop should then say unto them they would effectually give their advice and aid as in like manner he writes to several other Cities and Burroughs thereby earnestly requiring them that according to what the said Bishop shall give them to understand that they effectually apply themselves to give him a supply towards the relaxation
some may I could not be content to do but I must over-do and yet permissu Superiorum I conceive not for besides that my design in it is plain and honest as only tending to the continuance of that peace which his Exclusion may probably endanger it is none of the non disserenda nor is there that I know any Law against it And therefore I shall without further Apology put my self upon the favourable interpretation of my Reader as placing more assurance in the innocence of my own meaning than the most reserv'd caution or wariness of words He that would hit the mark must take his level before he part with his Arrow and he that would not be cheated had need see the Scales try'd as well as weigh the Commodity In like manner he that will give a true judgment of this matter must begin with the end that by viewing the advantage and disadvantage of either hand his judgment and election may be the more clear and the less apt to slide into error We 'l take the case then as it has been of late in relation to his Royal Highness the Duke of York The People were upon a pin and nothing will satisfie them but he must be Excluded The advantage propos'd by it not a little plausible The security of the Protestant Religion and very well Depositum custodi was the advice of S. Paul to Timothy and 't is a good account of a Steward that he has lost nothing But here the question will arise Whether the Protestant Religion profess'd at this time in this Kingdom may not be sufficiently secured against Popery albeit the right Heir should happen to be of that Persuasion himself And with submission I conceive it may for if such a person could be excluded it must be done by Act of Parliament and if so where lies the difference that an Act of Parliament for the security of the now Establish'd Religion against any Popish Successor may not be of the same force as an Act of Parliament for excluding him in as much as the Authority is the same to which because I seem to hear some one more than whispering that in the one case he will not have the opportunity in the other he may I answer That it is morally impossible to introduce the Romish Religion into this Kingdom albeit the Prince were of that Persuasion for tho the Kingdom follow'd Edw. 6. his Reformation and Queen Mary tackt them about to the Church of Rome and Queen Elizabeth bore up again for Edw. 6. yet it will not be the same at this day for as to Edw. 6. it was no great wonder that the Kingdom follow'd his Reformation for besides that it was in the hurry of a Change Henry 8. who tho he forsook not the Church but Court of Rome had yet shaken it out of its Authority and by dispersing the Abby Lands among such as help'd him put it out of a condition of recovering suddenly And now Religion being not the only question who can tax the Politicks of that time for not standing to the Pope when by setting up that Authority again they must infallibly have hazarded if not lost their new interests whereas by complying with the Reformation they were certain of keeping what they had already and in a fair way of getting more And withal considering there were several Opinions at that time boiling up what mighty matter was it to bring them to cry Erravimus cum patribus nostris And as to the Kingdoms tacking again with Queen Mary that also is not so much to be wonder'd at for considering that under Edw. 6. the Harvest was as yet small and the Laborers many and those too not altogether knit among themselves and that he liv'd not long enough to see the last stone laid and that the Queen coming in so near after her Father Henry 8. found ribs and planks enough of the old Ship left to patch up another for the present occasion or till a better could be had And the main obstacle of securing the Abby Lands in the hands of the Temporalty as they lay then dispers'd among them being first reconciled no wonder I say if the Kingdom footed it to the Queens measures and that the note was chang'd to Super vias antiquas In like manner that the Kingdom follow'd Queen Elizabeth in the Reformation begun by her Brother Edw. 6. it is not so strange for considering also how short a time Queen Mary reign'd and an inexcusable fault in Musick that she began a Note too high and by that means was forc'd to run it up even to cracking the strings and that the Reformation had by that time gotten some face and credit in the world and therefore the violent Persecution of it like Winds to young Trees not overthrowing it had but fasten'd its Roots and withal that such as had gotten any Church Lands knew not what another Parliament might do or what flaws in after times might be found in the former and that the probable way of making all sure was to order it so that it should not be in the Popes power to hurt them if he would neither here also was it a wonder that the Kingdom joyn'd with Queen Elizabeth and alter'd the Carol to a Canticum novum But the case will not be the same at this day for besides that we have the Authority of a Church confirm'd by several Acts of Parliament even the People now pronounce Schibboleth without lisping Fox his Martyrs are not yet forgotten and tho the Writ De Haeretico combruendo be taken away the crackling of the Faggots still rattle in their ears Nor of less concern are the Loaves than the Doctrin the Land on which the Faggots grew than the Faggots themselves It is now 150 years since those Abby Lands were given out and by this time they are assimulated in Succum Sanguinem and the fear of losing them has begot more ill blood than the first grant of them did good I have heard of one Impropriation given back to the Church but the Lands remain much as they were tho not altogether in the same hands they yield good Rent and many men are of Vespasian's mind That all Gold has the same scent Sell all thou hast and give it the poor lost our Saviour a Disciple and would be thought as hard a saying now Men are loath to part with their Wedding garment especially where it may so happen to be the best to their backs Add to this the vast improvements made upon them in so many years and the several exchanges intanglements and dispositions from hand to hand that it would puzzle even the Church it self to say which were her Sons Coat from whence I close this That let the Rabbies talk what they will of Venient Romani Nay till they lay the way half plain before them it will be yet morally impossible for them to