those Loyal Lords and Commons Assembled in Parliament in the 12th year of his late Sacred Majesty well knew that he must needs want the necessary supplies to maintain defend and uphold the Government as the late Vsurpers had to offend alter and destroy the same The Kings Charges are great as well for the security and safety of his own Royal Person as for the preservation of the publick Peace of his Realms and Dominions for the general good of the whole Community A few Yeomen of the Guard before the late times of Rebellion called Beef-eaters were not enough for to nor could rescue his Sacred Majesty King Charles the First from that impious Act execrable Murther and unparalel'd Treason against his Sacred Person and Life committed the 30th of January 1648. neither was nor could such a Guard have been sufficient to secure the late Vserpers so ridiculous was their Right to what they Vsurped from that time to the time of his late Majesties Restauration We see before how in Ancient times King Canutus was served so soon as he was I grant Politickly but how Wisely I know not perswaded to withdraw and disband his Guards it may be his Arms or Armies might be attended with many inconveniencies but the present Guards of our Soveraign Lord the King may be necessary to be continued if ever in this our present Age which hath been very changeable and one Plot or other hath been too much threatning alteration of the Government in Church and State and these Guards of his Sacred Majesty are not attended with any inconveniencies nor are chargeable to any but the King himself Sir Edw. Coke saith That the Kings Treasure is the sinews of War and the Honour and safety of the King in times of Peace that it is firmamentum belli ornamentum pacis It is so but I deny any War to be justifiable against the Lord our King within his Realms and Dominions and therefore every Rising and Force raised within the Realm is properly called a Rebellion improperly a War Nor do the Kings Laws Protect any Subject to trade get and gain a great Estate to the end to impower him to ascend the Throne and to stand in competition with or to distast the Person or the Government of our rightful Soveraign Lord the King but rather it is the bounden duty of all in general to Love Honour and obey their Lord the King and proportionably according to their Estates Qualities and Degrees to give Aides and Supplies to his necessities for the just defence and security of his Royal Person and the preservation of the Peace and quietness of him and all his People in all his Realms and Dominions We say quo ditior est quisque eo nobilior by so much as every Man is the more Rich by so much he is the more Noble by so much he is the better respected and the more Esteemed But I say Principem habere ditiorem confert ad dignitatem subditorum ditiores habere subditos confert ad nobillitatem principis to have the Richer Prince conduceth to the dignity of the Subjects and to have the Richer People conduceth to the dignity of the Prince Now all here last mentioned is to this end and purpose that all old Animosities Jealousies and Fears laid aside after his Gracious Majesty shall have convened his Parliament unto him be given quod defunctus Antecessor suus habuit what his deceased Ancestor had Believe the word and promise of his Gracious Soveraign he beginneth his Reign with Clemency and Mercy to all his Subjects and will certainly be so far from invading your Properties that having what was thought needful for his late Royal and Dear Brother nay I say the Richer you make him the more he will be respected at home the more safe he and all his People will be and the more he will certainly be feared and dreaded abroad But least with the Foolish Architect I make the Porch too big for the House I say no more only recommend to you the reading of this ensuing Treatise which was written for the confirmation only of the more knowing and Loyal and for the information of the more Ignorant and therefore less Loyal Subjects So I commit every Man to Gods protection and rest Every Mans well Wisher J. B. The Contents CHAP. I. SHeweth how things stood at the latter end of King James the First and something is said of the High Court of Parliament p. 1. CHAP. II. Sheweth how King Charles the First found things at his first coming to these Crowns and there is also said something as to the learning of the Customs the chief Maintenance of the Crown in his time p. 4. CHAP. III. Sheweth how the late Rebellion broke out and sâ—mething is said of the great Advantages the Rebels had with what Advantages only the Loyal Party had p. 12. CHAP. IV. Sheweth how the King the Loyal party and the Law suffered Violence p. 14. CHAP. V. Sheweth about what time the Kings Writs were first framed for the induction of the Commons into the Parliaments of England p. 16. CHAP. VI. Sheweth the difference between Parliamentary Priviledges and the Prerogatives of the King and sheweth how at the first Kingly Goverment was constituted by God himself and that by Gods Law also the Legislative Power and the Power of the Militia was given to the King and that in these highest Points of the Kings Prerogative the Law of England is agreeing with the Law of God and that God is vindex sui Ordinis the avenger of his own Ordinance p. 18. CHAP. VII Sheweth that vindictive Justice is also derived from God to the King as supream and that all Subordinate Officers derive their Jurisdiction from the King and through his Mediation from God also and that herein the Law of England is also agreeing with the Law of God p. 23. CHAP. VIII Sheweth that the Subjects of England are bound by their bond of Allegiance to serve the King only in his Wars and that the King is the Fountain of Honour and by way of Induction to the same something is said of a Countee Palatine Davids worthies and good old Barzillai the Gileadite p. 25. CHAP. IX Herein you have a Subject defined you have Ligeance defined and is shewed that the King hath two Capacities the one Natural and the other Politick and that the Body Politick cannot be separated from the Body Natural that Ligeance is due to the Natural Body of the King that the Kingdom of England admits of no interregnum and that the Disherison of the Right Heir of a Kingdom is wont to be the beginning of Civil Wars p. 29. CHAP. X. Herein you have an Heir defined and divided and is shewed that the Right Heir of the Crown ought not nor can Lawfully be Disinherited that a Bastard ought not nor can be Heir to to the Crown and further something is said to the late Bill for the Exclusion of the late most
to restrain and be a curb to such as will not Conform and be Obedient to those Rules the Law prescribeth requiring their Obedience to the Magistrates Superior Middle and Inferior and as all are to know the Superior is not nor can be subject to the controul of the Inferior In pares est nullum imperium multo minus in eos qui majus imperium habent therefore all Magistrates Subordinate be they either of the Superior Middle or Inferior Rank and à fortiori all other Subjects whatsoever are to be Obedient to their Soveraign Lord the King as Supream qui majus imo maximum imperium habet that hath the greater yea the greatest Command Power and Supream Soveraignty over all his Subjects in these his Majesties Realms and Dominions But as to this matter of the Kings Supremacy in Church and State Here I shall say no more but shall leave all to be further informed as to their bounden Duties therein in this ensuing Treatise wherein is more fully and at large discoursed thereof I remember in this ensuing Discourse also is said citing Sir Edward Coke in 7th Report 7. b. in Calvins Case that every Subject is bound to go with the King in his Wars infra extra Regnum but he is there pleased to add that the Subject is not compellable to go out of the Kingdom without Wages and citeth many Statutes as 8th Ed. the 3d. ca. 7th c. in defence of his opinion I do not presume to contradict him but am satisfied that he sheweth good warrant for what he there Writeth Moreover no considerable Foreign War upon any occasion whatsoever is ever so rashly undertaken but first the King useth to Summon his great Council the Parliament and therein is the Honour Interest and safety of the King and Kingdom considered and Parliamentary Supplies are granted for the defraying carrying on and answering the necessary charges of the War however Sir Ed. Coke denieth not but infra regnum within the Kingdom all are compellable and bound by duty of their Allegiance with or without Wages to serve the Lord the King in his Wars for then if ever that saying is true ad regem potestas omnium pertinet ad singulos proprietas the Power of all Men and all Things they have enjoy or possess belongeth to the King and yet every Mans single property remains and is continued but as may be seen in St. Jermin in his Doct. and Stud. 64. b. The Law doth assign divers conditions upon the Property and that to alter the Property without consent of the Owner if the conditions are not contrary to the Law of God or Reason And nothing is more agreeing with the Law of God nay our Obedience to the King as Supream is commanded in and by the Word of God and nothing can be more agreeable to Reason unless we will simply and contrary to all Reason admit of the Children to give Laws to their Father or Infants Males or Females to give Suck to their Mothers And it is a thing obvious and well known to every Man that knoweth any thing in our Law that every Mans Property and Estates whatsoever by Act in Law are Forfeit to the King for Treason or Fellony for Treason which all and every Rebellion is to the King for ever of what mean Lord soever they are holden for Fellony to the King for a Year Day and Wast and afterwards to the Lord of the Mannor of whom they are holden for ever In my ensuing Discourse to shew what care was made for the preservation of the Royal Rights Priviledges Jurisdictions and Prerogatives and Person of the King I make mention of the Stat. made in the 12. Car. 2di chap. 1. though in the first clause thereof by me mentioned is said That if any during the Life of the Kings Majesty c. I let this stand unaltered though the death of the Natural Body of the late King happened since because that clause thereof was made but in affirmance of the Common Law and the Stat. of 25. Ed. 3. ca. 2. as to the security of the Kings Person and the Government as appears in Mr. Stanford's Pleas of the Crown the first chap. as to the Second and Third clauses thereof the offenders against the Second clause are not only made uncapable of any imployment in Church or State but are also made lyable to such punishments as by the Laws and Statutes of this Realm are to be inflicted in such Cases As to the Third clause thereof every Person offending against the same shall incur the danger and penalty of Premunire mentioned in the Stat. of 16. Rich. 2. ca. 5. It appeareth by Bracton Libro 3tio Tract 2do cap. 15o. Fol. 134o. that Canutus the Danish King having settled himself in this Kingdom in Peace kept notwitstanding for the better continuance thereof great Armies within this Realm The Peers and Nobles distasting the Government by Arms and Armies odimus accipitrem quia semper vivit in armis Wisely and Politickly perswaded the King that they would provide for the safety of him and his People and yet his Armies carrying with them many inconveniencies should be withdrawn hereupon Canutus presently withdrew his Armies and within a while after lost his Crown and the same was restored to the right Owner I mention this matter and have it from Sir Ed. Coke who citeth Bracton for his voucher in his 7. rep 16. b. and withall I desire all to take notice that the Excise by Act of Parliament made in the first Parliament after his late Majesties most happy Restauration was continued to be paid to the late King during his Life Hearth Money was settled upon the late King his Heirs and Successors and was in recompence to the Crown for the dissolution of the Court of Wards and Liveries Customs upon Merchandizes imported and exported this little Book will tell you were all originally payable to the King his Heirs and Successors and that Subsedies granted by Parliament are but an improvement in the improvement of time and trade of the Ancient Customs payable to the Crown and were granted to the late King for his Life as they were from the time of King Henry the 7th granted to all his Royal Ancestors Kings and Queens of this Realm except his Sacred Majesties Royal Father King Charles the First Now mark what Sir Edward Coke more saith in his 7th rep 10th b. Haereditas Principis est successio in universum jus quod defunctus Antecessor suus habuit The Inheritance of the Prince is his Succession unto every Right that his deceased Ancestor had And suppose the Right Heir of the Crown had been attainted of Treason yet shall the Crown descend to him and eo instante without any reversal the attainder is utterly avoided as it fell out in the case of King Henry the 7th as may be seen in 1 H. 7th Fol. 4o. I have laid down before you these matters to let you know that
the Ancient Customs of common Right and by Prescription belonging to the King his Heirs and Successors and that we may Collect from what is aforesaid that if not so granted they may and have been imposed by Prerogative Royal for the Four principal Causes and Reasons aforesaid and to support the necessary Charges of the Crown The Words of the King when he Passeth the Bill of Subsedies are observable which are these Le Roy remercye ses Loyal Subjects accept lour benevolence aussi ainsy le veult The King thanks his Loyal Subjects accepts of their good will and also will have it which last Words make the Act of Subsedy a Law and so binds every Man to the payment of it insomuch that the Two Houses of Parliament joint or separate cannot impose a Penny upon the Subject without the King nor can the Freeholders whom they serve invest any such power in them But for the Soveraign Prince himself there are many Examples Old and New how he hath not only raised pecuniary summs in specie but layed Impositions upon Commodities by meer Royal Authority I shall instance only in Two viz. in Queen Mary and Queen Elizabeth the first laid an Imposition upon Cloth and Gascon Wines the other upon sweet Wines and Alloms without Parliament Therefore those Parliaments of the First and Third years of King Charles the First and the Members of the same that so highly insisted upon their Priviledges their meun and tuum Liberties c. and that would have been unwilling to have abated one of their Tennants of any their Manours or Farms a small matter of their Rents though it may be credited for truth that Twenty Acres of their Lands then let at 20 l. per ann might in the time of Ed. 1. be let for 20 s. per ann were very injurious to the said King in that they contrary to their bounden Duty neglected to Grant to him the usually Granted and Passed Act for Tonnage and Poundage being the chief Maintenance of the Crown in his time The first Parliaments of King Charles the First being Dissolved in a short time after by Order of the said King and Council the then Farmors of the Customs were Commanded to receive the Customs and all Duties payable for the same as in the time of his Royal Ancestor King James the First and the first Seventeen years of the said King Charles the First were times of great Plenty then Trade was great and good and the Farmors of the Customs did very much augment their Estates insomuch that none of them did refuse to Obey the said Order But in time next subsequent they were all great Sufferers for the fatal Parliament called in Noverber 1640. wanted Money for the work they had cut out and after they had Sat a few Months they questioned the Farmers for Intermeddling Farming and Receiving the Customs and Imposts contrary as they said to Law contrary to a Declaration and Vote 3o. Car. and contrary to the Liberty of the Subject they being Threatned and Timorous thô there was no Law to prohibit the Receipt for Farming of the Customs nor any Vote Passed 3o. Car. primi against it suddenly submitted to a Composition of 165000 l. and whilst or a small time before these things were agitating the Farmers contracted for a new Farm of the Customs with his late Majesty for Four years from Christmass 1640. and Lady day 1641. upon the which Farm and the Assignments of the Rents for the same the Sum of 200000 l. was Advanced for his said Majesty King Charles the First by which the said King had made some provisions for War which the said pretended Parliament recovered and made great use of against himself and the next day the said Composition was reported the Contract for the new Farm was Voted Void the Assignments upon the Rents were made Null instead of Farmers many of them were made Commissioners and the said Parliament resolving not to spare this Revenue Commanded them non obstante the Law lately passed by themselves to run into the same Crime for which they had lately Punished them to receive the Customs which with the said Composition paid by them in the space of Two Months was made use of to raise and pay the pretended Parliaments Army which said great Sums of 165000 l. and 200000 l. which the said Farmers may be said to have been Fined and to have advanced for his said Majesty King Charles the First reduced all of them to low Estates and some of them were Prisoners for near Twenty years before his late Majesties most happy Restauration who afterwards in the 16th year of his Reign was graciously pleased to take into Consideration the great sufferings of the said old unhappy Farmers of his late Majesties Customs and out of his special Grace and Favour by his Letters Pattents under the Great Seal of England and by Privy Seal and Tallyes thereupon Struck Leavyed and Allowed of Granted unto Sir John Jacob and other the said Farmers 200000 l. for the discharging and satisfying of the rest and residue of the great Debts by them Contracted for his said Majesty King Charles the First and for their reimbursement and satisfaction of such Sums of Money as they had lent to or paid for the said King Charles the First to be Received and Deducted by them out of their Rents payable to his late Majesty out of the Farm of the Customs then or lately before made to Sir John Wolstenholme Sir John Jacob Sir Nicholas Crisp and Sir John Shaw in Five years being the Term of their then said Farm which they or some others of them or on their behalfs accordingly Received and Disposed of in payment and satissatisfaction of the said Debts which if his late Majesty had not been pleased to do the said Farmers and many of their Creditors also had been utterly Ruined and undone CHAP. III. Sheweth how the late Rebellion broke out and something is said of the great Advantages the Rebels had with what Advantages only the Loyal Party had NOW in time King Charles the First had lately left White-hall because of the rude Insolency of Tumults backed and abetted by those intended nothing less than confusion upon Church and State nothing in the World had more of horrour than these Tumults Enormous and Detestable were their outrages and no means could take place for their Suppression so that to Redeem his Royal Person and Conscience from violence the said King withdrew himself hoping thereby to give time both for the Ebbing of their Tumultuous fury and others their Abettors regaining some degrees of modesty and more sober sense But it is a thing Common to Men High and Low Noble and Ignoble of all Qualities and Conditions whatsoever that when their Adversities approach they lose chiefly that Reason and Wisdom with the which they might have hindred or avoided the ills that happen and it is common to Men and Kingdoms that draw towards their destinies that when