enjoying the Power of garrisoning and fortifying Places one of the Powers that hinder our Happiness ibid. 9. To imploy only such People about him as the Parliament might confide in 9. That those of the Four Councils appointed by Parliament if his Majesty pleases to have the ordering his oeconomy and Houshold c. pag. 242. 10. No Peer hereafter to be made to sit in Parliament without their consent 10. That for the future no Peer shall be made but by Act of Parliament pag 252. These made the Substance of those Seditious Propositions that they prest upon the poor Prince with which they would have forc't our Charles the First to the Misfortune and Fate of a Richard the Second the most aggravated Misery that can befal a Monarch the deposing of himself These were they that filled their Parliament Papers and Proposals to their King at York the most Insolent that could be proposed surely to a Prince that was then in a Condition more likely to demand with Arms what he was denied against Law whom they might expect to see as they did soon after at the Head of good Souldiers as well as in the Hearts of Loyal Subjects such Insolencies as would have been Insufferable had they tryed and gained what was afterward so unhappily gotten that unlucky Fortune of the Day had they then what their Prosperous Villany did at last effect made their Mighty Monarch their Peoples Slave and a meer Capâ—â—ne of a King Carisbrook and the Isle of Wight could not have born with of much Indignity as was offered to him heâ—e when even at Nottingham and York their Non Addresses when his Person was in the Castle were less hard than such an Address when his Standard was in the Field These were those that provok't even the Mildest Prince to Protest in some rage That if he were their Prisoner Vid. Baker â—1â— he would never stoop so low These were those by which he must have made Himself what our Republican would have him now made of a King of England but a Duke of Venice and with These did they never cease to perplex his unshaken Heart his unmoved Soul continually upon all their Messages Treatises and Remonstrances and Petitions These still the Subjects of their demands when their Commissioners were sent to Oxford after their Newbury Battle these when the perfidious Scot had gotten him in their Power and Hands at Newark and New-Castle but bandied then only for the better buying of their King whom his own Country as basely sold then offered rather to make matter of delaying War then truly design'd for Peace that there might be somewhat in Agitation till the Summ was agreed upon and his Majesty diverted with the small Hopes of being at last a Titular King while they were selling him to Foreigners for an absolute Slave Lastly with these did they Plague and Pester the Poor Prince when they had made him a perfect Prisoner at Hampton Court and how well these Proposals of the late Rebels agree with the Politicks of this present Republican I 'll submit even to the most partial Person of the Party upon the perusal of this Parallel And what could be the design then at such a Season of Publishing such a piece of our Mutinous Members hugging in their Hearts and applauding with their Tongues Printed and Publisht Treason But that what was offered in their Plato was once presented in Parliament that the Politick Rebel could be pickt even out of the Journals of their House That they had Presidents there too for a Common Wealth as well as in Starkey's Shop and hoped to see her Revive again by Vote as well as by Book But these blessed Expedients tho but proposed out of the Press are the more Pernicious at the same time its Publisher makes them pertinent to what I have here applyed them the Propositions of a Parliament for he tells us he would not have them wrested from his Majesty but that he be petitioned to part with them very seasonably suggested I confess when we were so full of petitioning He would not have it effected by the Power of the Sword the Politician it seems is mightily for Peace and the Preservation of his Majesties Person but would only have them raise at first a civil War upon his Soul use the Son a little more kindly than they did the Father and not seize his Militia with an Ordinance because they cannot Fight him with his consent nor Rebel first against their King with an open War and then send him Propositions for Peace and the making him a Slave And since some of our Seditious Souls have not only a great Veneration left for these Parliamentary Projects and as great esteem for this Statesman for the reviving them in his Politicks since some that would be thought Persons sober and moderate can think the Kings Complyance in some of these Grants and Concessions somewhat necessary and a Trifle of the Crowns prerogative to be pared from the State as requisite as a Surplice or Ceremony to be partted with in the Church since the Propositions of that Rebel Parliament and the Politicks of this rank Republican make up so perfect a Parallel It will supersede some separate labour and pains to be able to animadvert upon them together and at once His Answerer will be somewhat obliged to his Authors being but a Thief and will shew that whatever some think that such pieces of Power might be par'd from the Crown like some sappy Excrescencies from the Trunks of Trees for the better Nourishment of the Stock that all and every one of them strike directly at the very Root That the Government cannot well subsist without them all and that all of them are inseperably settled in the Crown by all the Fundamental Laws of all the Land The first that feels the reforming Cook 4. Inst Cap. 2. p. 53. Vid. Ten several Rolls of Par. cited by him for it's Iustification Rot. Par. 50. Ed. 3. n. 10. 1. R. 2. n. 4. c. stroke of their Fury we find to be the Kings Privy Council and what is that why their own Oracle of the Law will assure them the most Noble most Honorable and reverend Assembly consulting for the publick good and that the number of them is altogether at the King's Will And shall those be numbered now and regulated at the Will of a Parliament whom their own Acts Statutes Rolls declare acknowledge and confess to depend upon the Nomination Power and Pleasure of the Prince would they repeal those Laws of their Ancestors enacted even according to the greatest Reason only for an Introducing their own Innovations against all Reason and Law Can it be consonant to common Sense that those whom their King is to Consult and Sit with at his Pleasure and that according to the very express Words of Authentick Rolls and Records that those should depend for their being and Existence Rot. Claus 12. Ed. 3. Par. â—â—m 19. 39. Ed.
Liege Lord I am sure this was making over their Faith to a Foreigner and many may think it as much to bee condemned as that of their King his Crown to a Saracen especially when that by some Historians is doubted but their falsehood's confirmed by all Then was our England like to have been truly France which they now but so vainly Fear In the next place he is pleased to grant the Militia to be in his Majesty's Power But 't is only until such a sort of Rebels have strength enough to take it out for he tells us the Militia being Page 116. given but for an Execution of the Law if it be mis-imployed by him to subvert it 't is a Violation of the Trust and making that power unlawful in the Execution And that which shall violate this Trust has he reduced to three of the most Villanous Instances that the most Excrable Rebel could invent or the most bloody Miscreant conceive the Murder of three Kings by their Barbarous and Rebellious Subjects And in all three their strength and Militia were first taken away and then their Lives first he tels us Edward the second forfeited his Executive Power of the Militia In misapplying his revenue to Courtiers and Ibid. Sycopkants Richard the Second for preferring Worthless People to the greatest places And Charles the First in the Case of Ship Money can now the most virulent Democraticks hug such a piece without Horrour at its Inhumanity or the vilest of the Faction preserve it from the Flames can those popular Parliamentarians and the most mutinous of all our murmering Members of whom my self have known some that could Countenance this very Book can they here defend insinuated Treason when Stanley Stanley's Case H. 7. dyed for a more Innocent Innuendo but if Faction has forc't from their Souls the poor remains of Reason will Humane Nature permit such precedents to prevail that terminated in the miserable Murder of as many Monarchs 'T is remarkable and 't is what I remember these very Papers were Publish'd near about one of their late Sessions wherein they were nibbling again at the Milittia and could so merciless a Miscreant be put in the pocket of a Member of Parliament much less then into his Heart and drop from his unadvised Lips can those that come to give their consent for the making Laws be thus Ignorant of those that are already made has not the Military power for above this 500 years been absolutely in the Crown and almost by their Parliament it self declared so in every Reign was it ever taken out but when they took away the Life of their King too was ever his Head protected from Violence when this the Guard of his Crown was gone or can any Hand long sway the Scepter when it wants the Protection of the Sword 1st Edward 3d. Chap 3. The King 1 Edward 3. 1 C. 3. willeth that no man be charged to Arm himself otherwise than he was wont in the time of his Progenitors Kings of England In H. 7. declared by Stat. All 2 Hen. 7. Subjects of the Realm bound to assist the King in his Wars Queen Mary 4. 5. Mary and all her Progenitors acknowledged to have the Power to appoint Commissioners This Commission was in force Rot par 5. H. 4. n. 24. repealed by this 4. and 5. of P. M. but this repealing Stat. is again repealed Jacob. 1. and so of force in this King now as well as when they deny'd it to his Father 2. Ed. 6. 2. C. 2d Cook 2. Inst 30. Car. 2. C. 6. to Muster her Subjects and array as many as they shall think fit The Subjects holding by Serjeantry heretofore all along to serve their Sovereigns in War in the Realm and a particular Act obliging them to go within or without with their King He and only He has the ordering of all the Forts and Holds Ports and Havens of the Kingdom confirmed to this very King and Cook tells us no Subject can build any Fortress Desensible Cook Litt. p. 5. And since some of our late Members of the lower House were so tickled with this Authors soothing them with the Kings Executive Power of War forfeitable I 'll tell them of an Act expressly made in some Sense against their Assuming it and for another Reason too because some mutinous Heads would argue to my Knowledge for their Members comming armed to the Parliament at Oxford and which was actually done too by Colledge and his Crew It was made in Edward the First 's time 7. Ed. 1. and expressly declares that in all Parliaments Treatises and other Assemblies every Man should come without Force and Armour and of this the King acquainted the Justices of the Bench and moreover that the Parliament at Westminster had declared that to us belonged straightly to defend Force of Armour and all other Force against our Peace at all times when it shall please us and the Judges were ordered to get it read in the Court and enroll'd And now can it with common Reason or Sense be suggested that the letting Favourites have some of the Treasures of the Kingdom or Courtiers as he calls it the Revenue or the preferring of such Persons as they shall think Worthless and Wicked which with such Villains as himself are commonly the most deserving that this shall be a sufficient violating as he terms it of a Kings Trust to the forfeiture of his Power of putting the Laws in Execution with which the common consent of almost all the Laws and all Ages have invested their King as an absolute Inherent singular Right of the Crown Certainly such an Opinion is as extravagant as Treasonable and could enter into the Head of nothing but a Madman the Heart of none but a Traytor Next we meet with another Assertion as false as Hell and then its clear contrary nothing but the God of Heaven is more True He tells us after having hardly allowed His Majesty a Negative Voice at least as such an Insignificant one as not to be made use of That Plat. Pag. 124. 't is certain nothing but denials of Parliamentary requests produced the Baron's Wars and our last dismal Combustions when I 'll demonstrate to him as plain as a Proposition in Euclid that nothing but their too gracious and unhappy Concessions to their perfidious and ungrateful Subjects made those mighty Monarchs miscarry read but any of our Histories tho pen'd by the most prejudiced and those that ware at best but moderately Popular of our first Civil Wars The Barons Daniel that speaks most commonly as much as the Peoples Daniel 53. H. 3d. Case will bear tells us his thoughts of those unhappy Dissentions that neither side got but Misery and Vexation We see that notwithstanding as often as their Charter and Liberties were confirm'd notwithstanding all the Concessions of those two yielding Monarchs still more was demanded The Charter in Henry K. John Henry 3. the
Falsehoods can be deducted concludes but yet very Cautiously with a beleive so that since Kings were first Elected by the People Officers of the Crown were so too that is first he Lyes like a Knave and then infers like a Fool. But the Printing and Publishing now the Reasons for the rejecting this Judicatory is only to try how near the natural Sons can tread in the Prints and the very footsteps of the former Rebellion of their Fathers for in the Reign of Henry the Third when this Mighty Parliamentary Power was first hatcht far from being brought to the Maturity to which Time and their popular Encroachments have since ripen'd it then the meer Embryo of State just modell'd and conceiv'd The Rebellious Barons being then the Parents as also a Rebellion since the Nurse of such Seditious proposals demanded the very same piece of Praerogative to have the * An. Reg. H. 3. 22. Dom. 1230. Vid. Baker p. 84 85 86. Vid. Stow. Chief Justice the Chancellor and Treasurers to be chosen by themselves and then exercis'd the power when they had got it like so many Tyrants too that Ostracism upon the Kings Officers of State succeeded no better then that at Athens only to make room for so much worse the Leaguers in ‖ Vid. Davila pag. 482. France Petition their King to remove his Counsellors and Officers that they might put in others of their own and shall the Presidents of Papists and that of Rebel ones obtain even with our Puritans to Rebel will they boldly own themselves Protestants and not Blush in the practices of those very Catholicks they condemn Did not our late Rebels and Regicides show themselves more Modest and Regular in their Attempts for Reformation than this more insolent Republican they never entered upon Abolishing this Court till they had extirpated the Monarchy it was the ‖ 5 Aug. 1653. Vid. Scob. Coll. Council of State that then voted it down the Rump it self the very Nusance of the Nation had but just thought it convenient among the midst of all their Innovation to root out a Constitution so Old they had but just Voted for the taking it away when Pride's Purge came and scour'd both these Legislators and the Law and tho then the Chancery was criminated with the same Aspersions we find lain upon it in * Plat. Red. this Libel for †Vid. Exact Relation of the Parl. Dissolved Decemb 53. Chargeableness Dilatories yet even by those most virulent Villains it was allowed if well managed to compare with any Court in the whole World whereas the ∥ Doctor of Sedition here Plat. p. 130. thinks that at the best there is not to be found a worse Tribunal in the Universe neither was it easily compast even in those Times of Confusion there being no less than three or four Bills brought in for the purpose before they could with the Corrupt Committees of that Council agree on one for the Commissioners for this Regulation understanding as little Law as they had broken much had hardly the Sense to propose their own Sentiments in such a way as might make the Members Sensible there was any Reason for the prosecuting the very Work they had Undertaken they seemed to resolve only to Ruin a Court constituted with the Monarchy it self before they could agree for the reestablishing another in its Room there seemed a sort of Sympathy between that and the Government both founded both fell together and both before the Subverters had or were like to find out a better Livy tells us like it of another such a sort of rash Rebellious Reformers in Italy a distempered State that fell out with their Aristocracy and designed a Deposition of their Old Governors and that only to chose new But before they could agree upon choice they found it I 'll assure you as difficult to get better as it was easie to destroy whom they thought worse and so with a wise Acquiescence were satisfyed and sate down with an unintended Submission It had been well for ours had they been so wise as to have thought so and done so too But so furious were they here in this very point of Reformation that tho * Vid. Exact Relation of the Proceedings of the Parl. dissolved Vid. Decemb. 12. 53. they could not agree upon what they would Reform before the Term approacht the Members that had Voted for the Abolishing as they call'd it this Corrupt Court would not care to pass through the Hall while it was sitting but moved to have its Jurisdiction suspended till they were agreed for the manner of its utter Extirpation and on they went with their Legislative Swords their Armed suffrages till they past that Second Vote for the new modelling of all the Law and so not only supprest the Chancery but that Malignant party Justice and Equity was Banisht by those very Villains that had broke all the Statutes of the Land In short they never did destroy these Judicatures but when they did Dethrone their King they never chose their Judges but when they had Vsurpt the Supremacy they never can do either without subverting the Monarchy for 't is their own Soveraign that sits and presides in them and the Judges Officiate but for him because not ‖ Et pur ceo que nous ne suffisons in nostr◠propre Person Oyer Terminer c. Vide Brit. f. 1. Vid. 8. H. 6. sufficient for it himself and therefore has committed all his power of Judicature to these several Courts of Justice The King is said to Judge by his Judges if the Parliament elect them they are none of his they chuse their Soveraigns Representatives while they would think it hard his Majestie should make the Peoples or nominate but to a single Burrough Thus much for their Management of the State the next part of the Proposition is their modelling of the Church and in that our modern Republican agrees with our Old Rebels for the depriving the Bishops of their Votes That was one of the Projects was set afoot as the very forerunner of our former Troubles that was publisht * Vid. Bishops Right and Discousre of Peerage 81. over again in several Papers and Pamphlets now besides in this very piece and could they condemn our Fears of a Subversion of the Government when their Libels in about 80 lookt only like the new Editions of those in ‖ Vid. Scots Libel on the Bish and Leightons in England 41 as if printed Rebellion was to suffer but a Reimpression You shall see how they began with the Bishops just before the last War in their Libels and then how of late they began to War upon Episcopacy again in their Papers and Pamphlets you shall see how the Parliament Espoused the Peoples Quarrel to that Hierarchy then and how near our late House of Commons was for falling upon the Prelacy now Leighton a virulent Scotch-man led the Dance with a Zeal like that the
Northumberland and Durham and prey upon those Counties they had promised to protect while the Parliament at London will not give their King leave or the Citizens lend a penny for opposing those that came to pull him out of his Throne At the Treaty of Rippon they quarrel with their King for calling them Rebels that had invaded his Realm the Commissioners of the Scots conspire with the English who then fall upon Impeaching his Privy Counsellers and the unfortunate Strafford suffers first because so ready to Impeach some of them and they make that Treason in a Subject against the King which was heard known and commanded by the Soveraign Then follows Lawd a Loyal Learned Prelate and that only for defending his Church from Faction and Folly As they posted the Straffordians and repair'd in Tumults to their King for the Head of that Minister of State so Pennington with his pack of Aprentices petition'd against the Bishops and the Pillars of the Church Then Starchamber must down High Commission be abolisht Forest bounds limited yet all too little to please when the Irish Rebellion followed to which the Scots had led the Dance no Moneys to be levied in England for suppressing it till the King had disclaim'd his power of Pressing Soulders and so disarm'd himself that is he was not to fight for his defence till they had disabl'd him for Victory They quarrel with him because he would not divide among them the Lands of the Irish before they were quell'd and subdued at the same time they had quite incapacitated him to Conquer and Subdue them Then Acts must be past for Annual Triennial and at last perpetual Parliaments And whereas the Law says The King never Dies they made themselves all Dictators more Immortal They were summon'd in November and by the time that they had sate to May they had made of a Mighty Monarch a meer precarious Prince And in August following supposing he had sufficiently oblig'd the most Seditious Subjects which I think he might Imagine when he had made himself no King he sets out for Scotland to satisfie them as much there while the Senate of Sedition that he left to sit behind him resolv'd it self into a sort of Committee of Conspiracy and that of almost the whole House made a Cabal among themselves to to cast off the Monarchy which the Knaves foresaw could not be done but by the Sword and therefore cunningly agreed to second one another for the putting the Kingdom into a posture of Defence against those dangers abroad which they themseves should think fit to feign and fancy at home To carry on their Plot against the Bishops they put in all probability that lewd Leighton upon writing of his Plea which was Bring out those Enemies and slay them before him to smite those Hazaels under the fifth Rib For which in the Starchamber he was Fin'd and Imprison'd but for his Sufferings and the Dedication of his Book to the Commons they Vote him Ten thousand pound Upon the Kings return from his Northern Expedition which was to procure Peace only with a shew of War they having had a competent time for Combination and Plot were arriv'd to that exalted Impudence that notwithstanding he was received with Acclamations from all the common People of the Kingdom the People whom they were bound to represent the welcome from his Parliament was to present him with Remonstrances and Petitions which against his very express order they Printed and Publisht of such sort of Grievances that sufficiently declared they were griev'd at nothing more than his being their King They put upon his Account the thirty thousand pounds they had pay'd the Scots for Invading England that is they gave them the Moneys for Fighting of their King and then would have had the King paid his own Subjects for having against him so bravely Fought They should for once too have made him responsible and his Majesty their Debtor for the two hundred thousand pounds they paid the same Fellows at Newark to be gone whom with their thirty thousand pounds they had invited in before They should have made the King pay for his own purchase and answerable for the Price the Parliament had set upon his Head This seem'd such an unconscionable sort of Impudence that their hearts must needs have been Brass and seer'd as well as their Foreheads in offering it An Impudence that none but such an Assembly were capable of Impudence the Diana of these Beasts of Ephesus the Goddess of all such designing Democraticks * Aude aliquid brevibus Gyaris carcere dignum si vis esse aliquid Juvenal Satyr that to be somewhat in the true sense of the Satyrist must defie a Dungeon These their Petitions they seconded with Tumult and Insurection sent the Justices of Peace to the Tower only for endeavouring to suppress these Forerunners of a Civil War when they had taken the Liberty to Impeach some of the King 's best Subjects for Traytors yet deny'd their Soveraign to demand their Members that had committed High Treason About the twenty eighth of January 1641 they humbly desire the Soveraignty and their Petition that BEGUN Most Gracious Soveraign ENDED only in this Make us your Lords for they 1st demand the Tower of London 2ly All other Forts 3ly The Militia and they should have put in the Crown too The stupid Sots had not the sense to consider or else the resolv'd blindness that they would not see that those that have the power of the Army must be no longer Subjects but the Supream power The King you may be sure was not very willing to make himself none and might well deny the deposing of himself tho' he after consented even to this for a time but what he would not grant with an Act they seiz'd with an Ordinance and though they took the Militia which was none of theirs by Force and Arms yet Voted against their King's Commission of Array that was settled upon him by Law they force him to fly to the Field and then Vote it a Deserting the Parliament they necessitate him to set up his Standard at Nottingham and then call it a Levying War they Impeach nine Lords for following their King and yet had so much nonsense as to call them Delinquents which the * Vid. Com. Lit. 1 Inst p. 26. B. For adherency to the Kings Enemy without the Realm the Delinquent to be attainted of High Treason Law says none are but what adhere to his Enemies they send out their General fight their King and after various events of War force him to fly to the perjur'd Scot to whom they had paid an hundred thousand pounds to come in and were glad to give two to get out and for that they got the King into the bargain An Act of the Scot that was compounded of all the sublimated Vices that the Register of Sins or Catalogue of Villanies can afford feigned Religion forc'd Hypocrisie Falshood Folly
Confessor Edmunds Son only being past by because his very being was unknown and so they can only be blamed for not seeking for the right Heir among the supposed Dead Yet when this Edward had found him out he designed both him Vid. Baker Vid. Stow says they did him wrong and always it occasion'd civil War and his Son Atheling for successive Monarchs whose very name imported Hereditary and next of kin as much as our Prince of Wales while the second Harold but usurpt upon him against the sense of the Clergy who even then lookt upon it as a Violation of the Right of the Heir and also of their Holy Rites and tho Harald suggested that Edward had appointed him to be Crown'd Historians say that it was only to make him during the Minority of this Edgar a Regent and not an absolute King and Mat. Paris speaking of Edgar Atheling in the very first Leafe of his History in these very words says that to him belonged the Right to the Kingdom of England and if Birth could then give a Right I don't see how then or now any Power can defraud a Prince justly of his Birth-right And now we 'l begin our Remarks on the Norman Line upon which the very first words of Baker are these There were six Dukes of Normandy in France in a direct Line succeeding from Father to Son and yet this Inquisitive Monarch-maker lays his mighty stress his weighty Consideration on the single Suggestion of Duke William's being a reputative Bastard be it so have we not here the Majority of six to one that succeeded Lineally Legitimately and is not these then like all the rest of their Objections against the Government rather industrious Cavil then real Argument or allowing it still is it not most impertinently applyed to his present purpose to tell us that William the Conqueror was himself Illegitimate and yet succeeded his Father in the Dutchy of Normandy And therefore must we have another Natural and Illegitimate Duke to wear the Crown of England or was the Suggestion only made because they had such a Duke in Readiness that had already run the Popular Gantlet of Ambition and been sooth'd into the Prospect of a Scepter with the false Tongues of Flatterers and Sycophants or else was the Nomination of the Normans to supersede the Fundamental Laws of our Nation And our England a Dependent a Tributary to that Crown before the Conquest these Paradoxes must be reconciled by Miracle before such a ridiculous Instance can pass for Reason or Common Sense or vindicate the false suggester from Folly and Impertinence But even here too his very Assertion fails him and this Pretender to Truth both abuses his Reader with false Application and telling a Lye For this Duke William tho' a Bastard Born was not illegitimated so as to be barred the Crown and incapacitated for Inheritance for it appears as Baker says by many Examples that Bastardy was then no Bar to Succession and by the Canon and the Law of the Church that then obtain'd the Children born before Wedlock were de facto truly legitimated if he afterward espoused his Concubine and this his Factious Assistant Hunt himself allows when the Vid. Postscript p. 53. 55. Wretch endeavoured to Bastardize the Progenitors of his Sovereign and this many Writers say was the very Case of our Duke William whose Father took his Mother Arlotte to Wife afterward The Donation to William Rufus was again clearly Testimentary which might be allowed sure to a Conqueror whose will only gave what his Sword had gotten but however as I observed above in the Westminster and Malembsbury Stow. p. 124. Legatory Disposition of Canutus the Dane where he gave his conquered Kingdom to his Youngest and Norway his Paternal Right to Swayn his Eldest to whom 't was most due so here this Third Conqueror Daniel says he obtained it according to his Fathers will pag. 44. of Old Britain observ'd the same sort of Bequest and left Normandy his Fathers Inheritance and his own to Robert to whom it appertain'd in Reason and Right both these Instances no small Demonstration shewing how the Precedency of Blood even in those days obtained and with those too whom our Factious Innovator would have not to value it for their giving to any Son besides their Eldest what was theirs by Arms is no more than what we our selves do now by Laws and tho the Fewds now obtain and Entailments yet still what 's our own by purchase is unconfined and not ty'd to descend by Primogeniture but at an arbitrary Disposition of the Lord and Purchaser and which is commonly disposed of too by the Father to some of the Younger Sons and a Conqueror that purchases all by Blood and Wounds must needs be allowed as much Liberty as the Miser that obtains it by his Wealth or a Land Pedler that buyes his purchase for a Penny But tho this might be a warrantable Donation yet you may observe as if the donor had not been in it altogether Just so it never at all prospered with the Donee the very Gift it self like Pandora's Box was most fatal to those that received it a Vice like Virtue is oft a Punishment to it self as that other a reward the not suffering the Crown to descend by entail entailed what was worse a War and both Brothers assault the Testamentary Usurper at once as looking upon it notwithstanding the specious pretext of a Will but a plain wrong and where this prejudiced Historian makes this Rufus to rely on the consent of the Nobles for the Confirmation of his Fathers Will 't is evident he only called them together that by Largesses and Corruptions fair Words and Promises he might win them from assisting his Brother Robert whose Right he feared notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even or give Robert the better by their deserting this Rufus And that notwithstanding all his Artifices they did and Odo Bishop of Bayeux leads the dance and notwithstanding says Paris that he was their Mat. Paris An. 1088. last Edition London crown'd King their sworn King and they must be perjur'd for it they raised a War against their King William and set up Robert the First-Born for their King all declaring the Right belonged to him and this the Opinion of several of the Nobility Lords Spiritual and Temporal Persons alway I fancy qualified to recognise a Right if Religious or Lay-Judges could decide it and so well assured were they of the goodness of the Cause that they Veruntamen postea Nobiles fere omnes c. conspired for it rebelled and were banisht for it success not always attending a good Title no more than it can Justify a bad And at the last the most unfortunate end of this Testamentary Prince may serve somewhat at least to discourage the Religious from invading of a Right tho it may not
the Politician and for the Injury he did all along to the Right-Blood Providence seemed to bring upon his head his own and sent that sort of an Usurper too to the Grave with the fate of Tyrants not with a common dry Death but in his own Gore and he that had held the Scepter but with a pretended Right by this disastrous Death gave an opportnnity to a perfect Intruder that had none at all Henry the first who being in new Forrest when his Brother was killed did not stay long to consider the disaster or to get the Carcass Coacht home instead of Carted but rides to Winchester seizes the Treasure and that soon helpt him to put on the Crown The Purple Robes soon followed those Golden Regalia and the Power absolutely Usurpt will irresistibly force a Coronation Florence of Worst but tho Crown'd as he was a good Author say who liv'd and wrote then as great men then sent for Robert promised him his Right and as resolutely stood by him too and well they might when he had been debarred his Birth-right once before and besides the Right of Blood had refused his Assignation his early Pension and had compounded for his own Kingdom which he had so much Title to without the Composition But Mat. Paris tells us in the first Lines of this Kings Life that the Nobility Magnates Angliae ignorabant quid actum esset de Roberto duce Normannorum An. 1100. were utterly Ignorant what was become of this Robert Duke of Normandy but that when he sent privately to them in England Letters alledging his being first Born and that for that very Reason he declared the Right of the Kingdom belong'd to him assoon as they heard those Allegations of his unanswerable Right promised him their best advice and to lend him their Assistance which they did too and Robert came over forc't his Brother to a Composition for 3000 Marks yearly and at least made the Vsurper but a Tributary King and all the Argument out of this Reign that our Elector here fetches for his making Ibid. p. 46. Fidele Consilium pariter Auxilium promiserunt our English Monarch a King of Poland is this Usurpers courting the great Council to confirm it to his Son but so would a Cromwell the Parliament for the Succession of his Son Richard and sure such Creatures have need to anticipate all sorts of security for their Sons Succession that have gotten all their Right by Anticipation of anothers or absolute wrong but the parallel holds still between that antient Usurper and the more Modern I mentioned they both felt their Consciences prickt in their unjust obtaining of a Mat. Paris 1106. sentiens Conscientiam Cauteriatam Judicium Dei formidare c. Kingdom they both feared the Judgments of the Almighty both as unhappy in their designed Heirs one born to be Drowned the other to be a Fool and as their Fame stunk above Ground so did both their Bodies before they went under and Paris tells us the first committed Murder after he was Dead and poysoned his Doctor before they could get him down into the Dust tho he smartly observes this was the last Ultimus fuit ex illis quos Rex Henricus occidit An. 1136. among the many this good King Henry had destroyed The last remark I shall make on this Mans Reign is but what this malicious Historian has made very Remarkable and that is from an Author that he cites for saying that this Robert had discovered too much of the Cruelty of Disposition of his averseness to the English Nation and his proneness to revenge and this Character must be most Emphatically markt out that they might not miss of his meaning another Duke a Prince to whose Valour and Conduct the Wretch ows his Freedom from a Forreign Yoke and the Nation her safety and security and so far does his malice transport the Sot that he falsifies for it the very Latin he translates Perversus contrarius et Innaturalis He makes cruelty of Disposition and for Proneness to Vid. H. de Knyght C. 8. 2374. revenge not one Syllable in the whole Citation and then besides the words of the Author he cites are the same verbatim which this Henry the first used against his Brother when he makes a Speech to his Nobles to make him odious from whom this Author I believe borrowed it and 't is as meer revgene Vid Paris 1107. ful malice to the Duke of York as that against Robert the Duke It is here evident that this Gentlemans Principles and Perswasions are clearly Democratical and writ with a perfect design to please the People as plain as if the rabble beast the Monster Mobile were seen fawning upon this KEEPER of their LIBERTIES and you saw the Sycophant spitting in its mouth his Papers are the very Picture of this piece and the Representation of Rebellion with a Pen. The next that Mounts the Throne is STEPHEN and the little Right tho some Relation he had to the Crown to be sure won't be past by when this Author for the sake of his sinking Cause has caught at every Plank to hold up her Head in that desperate Condition and where he could not meet the least solid substantial Argument graspt at every empty Shadow And truly here he tells us that STEPHEN acknowledg'd his Election in the very Words of a Charter from the People and Pag. 4. so would any man that had no better Title and tho I shall condemn his Usurpation can allow of his Politicks in letting them know how much he was beholden to them and yet that People were strong enough to pull off his Crown too which his own hands rather Stow says he was repulsed by them of Dover shut out by them of Canterbury and unjustly took upon him the Crown of England had put on for as Bradshaw told the King The People of England had constituted them a Court when that unanswerable Martyr observed not half their Consents did concur or were askt so also in this Case many of the Nobility most of the Commonalty lookt upon it as a manifest Usurpation and those whose Concurrence he had were but an handful of his Friends and at his Coronation had but three Bishops few of the Nobility and not one Abbot and also as Historians observe those very Malembs Baker perjur'd Prelates and Lords came many of them to an ill-end or else to worse Calamities before their life was ended And the revengeful Cruelties of the Scot lookt somewhat like a Judgment for their Perjury when they spar'd neither the Gray-Hair for whom Reverence might plead nor the Tender-Infant for whom its Innocence but Butchered the one in their Beds the other on their Mothers Breasts the Barbarity of Mat. Paris in ultionem Imperatricis cui idem Rex Fidelitatem juraverat An. 1138. those avengers is as horribly describ'd in Mat. Paris But agen I cannot see why he was
such Perverters making it a Parliamentary choice But if any thing could be condemned Stow says the King expresly caused him to be Crowned by the Bishop of York without mentioning any other p. 132. And Baker says the same p. 55. in this unhappy Solicitation for his Sons security to succeed 't was only in making him a King before he came to be a Successor by defrauding himself upon a sollicitous distrust of part of that Divine Right when he was by God entrusted with the whole and making his Son to Anticipate that by his forwardness for which he should have waited the Almighty's leisure The Nature of Monarchy being inconsistent with a Duum-Virate units may be as well divided And the very Etymon of the Word contends for the sole Soveraignty it expresses And the very sad effects of this contradictory Nec Regna socium ferre possunt nectedae sciunt Coronation were the best Evidence of its inconsistency and verifies the Latin Aphorism of the Tragedian that the Crown cannot admit of a shareer or competitor no more than the Bed the making himself but half King was like to have lost him the whole Kingdom Incongruum Regem quem-libet esse Dominationem debitam in Regno non habere Mat. pvit H. 2. and almost made him none at all they soon animated the young Monarch against his Old Father and let him know that 't was absurd for any one to be called a King and to have nothing of Government that is essential to it in the Kingdom Daniel calls it the making the Common-wealth a Monster with two Heads and what then must it be with many but withal tells us 't was only the effect of jealousie that this King feared from his Mothers Example and that some of his false Subjects might also break all Oaths of Fealty to his Son as well as this perjur'd Author has that of his Allegiance to his Sovereign and I believe this alone made this King so carefully Praecipitous as to prevent the Expiration of his Reign with an Anticipation of the Grave and a Resignation of his Rule with a POLITICAL DEATH for this Crown'd Son was soon by LEWIS of France embolden'd to that insolency from having the half that in plain Terms he demanded the whole and what the too bountiful Father had no Reason to grant by fair means the ungrateful Son resolves to obtain by foul sides with the King of France and many of the divided Kingdom with Him and are all in Arms ready for Ruin and Destruction neither did they lie down their Swords till it ended as all Alterations in a Monarchy in BLOOD and the Coparcenary King shortly after his Life but a little before reconciled to his too provident Father I am sure this shows even the Participation of the Royal Power dangerous tho by those that had Right to Succession and if such an Alteration in the Government can prove so fatal much more then an altering the Succession it self and if a Crown can't like a common Conveyance with safety be made over in trust I dare say 't will be less secure to cut off entail The next Reign that we have Reason to reply upon is that of Richard the First and with that his irrational Inferences have dealt as unreasonably for he there by his own Confession has no other Authority for his Election as his own words R. de Daeto he quotes tho it should be de Diceto who oficiated at his Coronation Haereditario jure promovendus are his words before have it but the words of his Historian and yet this very Historian whom he there most impudently traduces and abuses acknowledges his Hereditary Right to the Crown by which he was to be promoted before ever he tells you of the solemn Election of the People which beyond contradiction confirms what the Worthy Dr. B. has as significantly suggested that the common acceptation of Election amongst ancient Authors imply'd nothing less than what our factious insinuators apply it to and that they meant nothing else but Confirmation or Acknowledgment for first would such a Learned Authority as he cites only labour under a learned Contradiction and tell you such an one was promoted for his Hereditary Right and then in the very subsequent words declare it was by solemn Election Certainly such Immortal Authors could never wage with Sense and Reason a Mortal War and he himself is so favourable to their pious Memory as to omit all the seeming Contradiction because not reconcileable to his prejudic'd Interpretation and when Historians tell you of any thing of Election which he would have popular be sure he omits what ever they say of Hereditary Succession before so has he done here so in most of the Citations elsewhere And next also he tells us that his Father had gotten the Succession confirm'd to him in his Life Of which many of our modern Historians are totally silent and afterwards that he was again Elected by the People of which in his sense none truly speak nether is it reconcileable how they shou'd twice solemnly choose him for their King when even in Poland it self once will serve but besides before his Solemn Coronation or as he wou'd have it his popular Election immediately after his Fathers Funeral without doubt upon the consideration Watson and Clarks Case 1 Jacobi of his Hereditary Right he exercised as he might well do and as has been since resolv'd any King of ours may an absolute Power of a King before this Vid. Daniel exigit castella Thesauros patrissuiquos habebat Solemn Ceremony of Coronation for presently he seizes upon his Fathers Treasure in France Imprisons Fetters Manacles the late Kings Treasurer to extort the uttermost penny I think Says Paris and has not one word of his Election but only Coronation such a severe sort of absoluteness as they wou'd not now allow our Crowned King He is there girt by the Arch-Bishop with a Sword takes fealty both of Clergy and Lay makes a Truce with the King of France and all this before ever he came into England to be Crown'd or Elected And shou'd we yield to this perverse Imposture the signification of his word for which he has so long labour'd yet all this while we find his very People more willing to Elect him that had an Hereditary Right than a spurious Invader that had none at at all and did actually Confirm him in his Succession unless the more powerful Usurper terrifi'd them from their Loyal Intentions and truly the mistaken Gentleman might have as well prov'd that he was the third time Elected too when after his Imprisonment that he suffer'd from Henry the Sixth the German Emperor after he came home and had held a Parliament at Nottingham he was again recognis'd for their King and Crown'd at Winchester But what can be better Evidence of the precedency that was allow'd to the nearest of blood in a Lineal Descent then Constituit
â—rthurum Haeredem â—am legiâ—imum si â—ine haerede moreretur Paris in vit R. this Princes Care he took in appointing his Nephew Arthur to Succeed him tho he had a Brother of his own to whom he had shown a liberal largess of his Love when he began to Reign in bestowing on him no less than half a dozen Earldoms a good part of his Kingdom Certainly this Earl John was nearer to him in Blood and Affection and then what cou'd move him to this Testamentary Disposition but the more nearness of the other to the Kingdom and the Crown But in spight of all Adoption and Right JOHN as great an Usurper as any laid hold of the Scepter and held it too only as some of our Tenures in Law by primer occupancy he had his Brothers Army in the field and that was then enough to have made a King of a Cromwel an Hewson a Brewer or a Cobler Vid. Dan. p. 108. Baker Stow say Arthur actually did homage to France as King of England powerful Arms that silence any Law But still the Nobility were for maintaining the Right of Succession in Arthur and as they call'd it the usual Custom of Inheritance most of his Provinces in France stood firm to him and so did the King of it and had Fortune favor'd him upon whom for the most part it frowns the Justest pretender he had not been made a Prisoner to his Uncle to whom he was a King and been murder'd by him after the Siege of Mirabel But the Barons rebellious Insurrection soon aveng'd the Barbarous Butchery and but bloody consequences here too attended the Debar'd Right He is forsaken of all his People and the French Kings Son a perfect Forreigner invited in for a King and his end at the last as unnatural as the death he gave to his Nephew And here upon the Coronation of this intruding King John the factious Historian rehearses the Clause of Hubert the Bishop of Canterbury's Speech that declar'd the right to the Crown to consist only in the Election of the People but disingenuously omits the very reason of the self same Prelate who when he was pincht with the Interrogatory why he would preach up such pernicious Principles own'd it more a Design of Policy than the Sense of his Soul But to give him a perfect Vid. Paris Edit Lon. vita John Rowland for his Oliver he will find in the Life of Richard the Second a better Bishop making of a more Divine Speech and asserting the Right of Succession more strenuously than ever this designing Metropolitan was able to confute But that worthy Prelates Doctrine did no way countenance our Authors seditious Observations and so directly different from his Huberts Vid. Baker Trussel vita Rich. II. Bishop Carlisle's Speech Harangue that he might well pass it by without reading and which must certainly have baffl'd him into Blushes to have read Henry the Third a Prince too young to know his Right much less to be able himself to take Possession of it was presently upon his Fathers Death Crown'd King Certainly upon the Consideration of his Hereditary Right or the Testamentary Donation of his Father whom Paris says he appointed M. Paris vit Joha ad finem primogenitum suum regni constituens Haeredem his Heir as his First-born made the Kingdom swear Fidelity to him sent his Mandatory Letter under the Authority of his Great-Seal to the Sheriff's of the Counties to the Keepers of his Castles that they shou'd all be intent upon the Business and upon his death they show'd themselves as ready to perform it and what can the most factious Regnumque Angliae illi jurare fecit Literas cum sigillo suo munitas advice-comites castellanos direxit ut singuli essent intendentes idem M. P. princip vit Hen. 3. sic Defuncto Johanne convenerunt ut Henricum exaltarent Pen make more of this than an Acknowledgment of Hereditary Right especially when the same Author in the beginning of the young Kings Reign says they only came together to Exalt him to the Throne of his Father and not one word of their Suffrages or Election therefore what could not be proved from matter of Fact must be suggested with an Innuendo and because the good Earl Marshal in a perswasive Speech exhorted them to adhere to their lawful Sovereign it imply'd the Consent of the People requir'd if such an Assent shall make the Kingdom Elective 't will be hard to proveany Hereditary for all people that do not actually Rebel and Oppose must in that sense be said to Consent and Elect and when ever our Kings are Crown'd 't is so far with the Consent of the people that they do not interrupt the Coronation But can he prove in any of his pretended Elections much less here that ever in England they balloted for the Crown or drew Lots for the Kingdom that they had ever any certain number of Electors as in Germany or carried it by Majority of suffrages as in Poland ' tho I believe some of them would make no more of his Majesty than a Bourrough Representative or a County Knight and Scarce allow him the Freedom of a Pole But with what face can he urge it Stow says only he was Crown'd by Common consent p. 175. here when the whole drift of Pembrokes Oration was only to satisfy them the Succession belong'd to the Son and that the French Usurper Lewis would be the ruin of the Realm which Speech was so effectual too that several of the Principal of the Barons notwithstanding that open hatred to his Father in spight of Obligation of an Oath to Lewis they still thought their Loyalty and Allegiance more obliging and revolt from the French-man till all at last deserted of all he abjures his claim and the Kingdom together After he had been first routed by Land at Lincoln by Pembroke the Protector and his fresh supplys at Sea near Dover by Hubert the Governour And the bold Speech of that stout Vid Matt. Paris who told him that if his Master was dead he had left Sons and Daughters alive Souldiers to this powerful Prince when he demanded Dover on the Death of King John was a better Evidence what sense the people had of a Lawful Succession than he from the Marshals can evince that he succeeded by Election and against the Laws of Descent and all that he can pertinently draw from the Protectors Oration is that an Infant King did not speak for himself But if ought be a blot in his Succession 't is what this praejudiced Historian I am sure does not care to Hit and that is the weakness of his Fathers Title that forc't him to strenghten his Sons with a Donation And Elenor the Sister of his Cousen Arthur who had a Stronger right did not dye in five and twenty years after he Paris 1241. In clausurâ Diuturna Carceris sub arcta Custodiae
that was his least Relyance for as little 1. H. 4. 12. 52. Vid. Dr. B. p. 25. as he makes of his claim from Henry the Third it is apparent from some Rolls of Parliament that he challenged the Realm upon that account and the Lords were interrogated what they thought of that claim upon which without delay they consented he should Reign and as another Evidence of his Right to Rule shewed them the Seal of King Richard as a Signification of his Will that he should succeed him but that which for ought I see he lay his greatest weight upon was but what all Vsurpers must most relie on the Sword and he himself assures them just after the Sermon was ended at the time they consented to be his Subjects that he would take no advantage against any Man's Estate as coming in by Conquest and Conquest is one of the first claims he puts in at his Coronation and as Haward Haward p. 98. Baker p. 15 is relates it in his Life not the least mention of his being elected is there mingled with his Claim But neither did the success of a prosperous Wickedness Countenance this Usurpation for he was soon made sensible that a Crown seldom sits easie on that Head where it has so little Right to sit and indeed before it could be well setled his Lords conspired against him at Westminster set up Maudlin the Counterfeit send to the King of France for assistance Glendour stirrs up the Welsh to rebel the Nobility fell from him drew up the following Articles against himself viz. for having Articl'd himself against his Sovereign for having falsified his Oath in medling with the Kingdom and the Crown for taking Arms against his King Imprisoning Murdering Him that he unjustly kept the Crown from the Earl of March to whom of Right it belonged and vowed the Restoration of Him and His Destruction and our Author now shall know these too are Articles Vid. Baker 1â—1 as well deserving to be read and one thing more that deserves as much Observation that this his good Peoples Election was the prime Principal Cause of losing of Millions of Lives and an Notwithstanding all these claims Speed says he at his Death owned he had no Right to the Crown Speed Lib. 9. Chap. 14. Philip De. Comines which wrote then says to his Remembrance 80. of Blood Royal dy'd If they long for the draught of Slaughter and Blood that followed this their Election of the Line of Lancaster then look upon the lamentable List at the end of Trussel Ocean of Blood here entred that Line of Lancaster that had almost left the Nation Childless the Nobility and Gentry that escap'd the Sword were still by the prevailing Party chopt off or gibbited and in the space of about thirty year and somewhat upwards they dreined more Blood in England then e're was spent in the Conquest of France or would have been spilt had it been again attempted and that too never have been lost by their Henry the Sixth had it not been for an altered Succession and an injured Heir and the Bloody Consequences of a debarr'd Right And now at last he is forc't to allow an instance of a Prince that succeeded without the least shadow of Election and that in Henry the Fifth to whom himself owns they swore Allegiance without staying for his being declared we are obliged to him for this fair Concession but this Kindness is only because he finds it as clear as a Postulatum in the Mathematicks beyond his own Impudence to contradict but however he must malitiously observe that it was a thing strange and without President and why so because his Polidore tells him such an extraordinary Kindness was never shown to any King before 't is strange that his Italian should understand more of our own Government than all our own English Authors 't is no wonder sure if he that was a Stranger to our Affairs should Write as strangely of it and make our Mighty Monarchs of Britain no more then some petty Prince of his own Italy and as Elective as their Duke of Venice But this perverse Gentleman shall know it was not without President and that by several Instances And first Richard the First presently on his Fathers Death without staying for their suffrages seised on his Father's Treasure was girt with the Sword of the Dutchy of Normandy took fealty both of Clergy and Lay and exercised all the Authority that Sovereign power cou'd allow before he came to be recogniz'd by their Suffrages or to his Coronation Vide Daniel 2. Hoveden's Account that he gives of King John's coming to the Crown which as some Writers say is the best extant says they swore Fealty to him when he was out of England without mentioning any thing of preceding Election and he had his better Title his Brothers Army then in the field by which he cou'd have made himself soon their King had they not been so ready to receive him 3. Upon the Death of Henry the 3d. the States Assembled at the New-Temple and proclaimed his Son Edward King when they knew not whether he was living or dead swear Daniel Fealty to him and cause a New-Seal to be made Here sure are some presidents of Allegiance before their Election unless he 'll make Declaring or Proclaiming to be so and then in Gods Name in that sense let them as he contends for be Elected for I think all will allow they are proclaim'd But suppose on the death of a Predecessor there was no convention of any of the Nobility Vid 4 part In Stit. 46. and Jenkins Lex Terrae p. 7. or Commonalty for Parliaments they then can have no Existence when the Breath is gone that gave them Being as all other Communitys are de facto dissolv'd If I say there were none met to Declare or Proclaim his Successor must the common Maxim be contradicted and the King dye too for want of their Popular Breath to give him Life or do our Laws admit that this interval between his Predecessors expiration and the proclaiming or crowning his Successor shall be call'd an Interregnum they know the Constitutions of our Government admit no more of this than an Exclusion They know that immediately by Descent King James was declar'd to be completely and absolutely King and that by all the Judges 1 Jacobi Watson Clark Vid also Calvins Case Cokes Rept part 7. of the Kingdom I know the Kings Successor is always immediately proclaim'd upon his death and that perhaps is more for the proceedings of judicial Processes and that Writs may presently run in his name But were such a Proclamation obstructed I am satisfi'd he commenc'd an absolute King upon the very Minute of his Predecessors Expiration and if the Law Maxim won't allow an Haeres viventis there can be no Heir at all if he begin not to be so presently upon his Predecessors Death and for an Evidence of Fact as
wrong but here those several alterations were all caus'd to be made for the securing of a Lineal â—egitimate and lawful Successor to the Throne for as a Reverend Author says the King Lamented that he should leave Bishp Godwins Histo H. 8. p. 37. the Kingdom to a Woman whose Birth was â—estionable and he willing to settle the Kingdom on his LAWFUL Issue and for this reason he got the 25th to pass against his Daughter Mary And the very Preamble of the Act tells us that it was for the Surety of Title and Succession and Lawful Inheritance Three years are scarce past till the 28 of his Reign repeals almost all that the 25 had Enacted their Protestant Queen Elizabeth made as well as the Popish Mary plain Bastard and tho our prejudic'd Author may make the same Vid. Pulton Stat. matter right and wrong as he stands affected he must think this his powerfuâ— Parliament dealt a little hard with thâ— latter whose Mother was never divorc't but from her Life and she paâ— off for a spurious Off-Spring only upoâ— the pretended suggestions of Anne Boleyn unknown impediments confess 't sine to Canterbury But whatever they were the Canons of the Church tho born bâ—fore Marriage and since after the verâ— Laws of the Land did make her Legitâ—mate But however this greater piece ofâ— justice to this good Protestant Queeâ— which they 'l say now proceeds from the Kings putting the Parlament In 's 31 as incontinency was made impediment in the first Anns Case they declared the suant of concupiscence an Impediment in the 2ds and only upon his sending some of his Lords to the lower house the Lady Cleves was unlawful too Vid Stow p. 581. Baker 288. Stat. 35. H. 8. upon too much Power wâ— palliated all along with the pretence of providing a Legitimâ—â—â— Lawful Successor and so the cleâ—â— Reverse and Contradiction of thâ— proceedings of our late Patrioâ— to whose Privileges those sort presidents were apply'd for those Parliamentary In the 33 the Parliament petition'd to him whom they knew it would please for the Attainder of Kat. Howard his 5th Queen Powers seculded but Bastards to make room for Heirs Lawful and Legitimate with us an Issue truly Legitimate should have been EXCLUDED for the setting up of a SPURIOUS ONE But then at last comes the 35th of his Reign and that like a Gunpowder Plot in the Cellars blows up all the former foundations of the whole House both the two former Stat. for Disabling Illegitimating are null voy'd repeal'd the LADY MARY Sister Elizabeth in those seven years suffered my Lord Bacons transmutation of Bodys and were turned all into new matter and what was Spurious Illegitimate and in Capable with the single Charm of be it enacted was become truly Lawful Lineal Heir of the Crown and Capacitated to succeed in an HEREDITARY DISCENT and so far from Invading the Prerogative so full of giving were the bountiful Parliaments of those times that they Impower their too Powerful Prince to dispose of his Crown by Letters Pattents or an Arbitrary Testamentary disposition an Oblation I think his present Majesty might esteem too great to be accepted who knows his Successor to be the Crown 's Heir scarce his own much less the PARLIAMENTS Edward the Sixth upon his Fathers death succeeded an Heir Lineal Legal and Testamentary yet the first thing this Author observes upon him is the greatest falsehood viz. That he took upon him a power what surely no King ever had to dispose of his Crown by Will When in the very Preceeding president his own Father by his Will manifested he had the Power and left it him by his last But his he 'll say was a Power given him by Parliament But that is not so plain neither both from the Preamble and the purport of both the dissonant Acts of 28 and 35. for the designs of both were only for the settling the Succession and then upon supposition of the failure of Issue from those upon whom it was setled they fairly leave it to his last Will or his Letters Pattents but supposing this Liberty had not been allow'd can he imagin that a King that had got them to alter the succession at his pleasure in his Life time would not upon the failure of the Limited Heirs have dispos'd of it by Will at his death but that none but this Edward of our Kings took this power upon him is utterly false from these several instances First the very first King of his name in the Saxon succession left it so to his Son to succeed And Athelstan Malmsbury Lib. 2. c. 6. fol. 27. Jussu patris in Testamento Athelstonus in Regen acclamatâ—â— est whom above this Gentleman recommended to the City of London for a Mon. and Illegitimate against the sense and silence of all Historians was declar'd King by the Command and last Will of his Father Edward the elder in the Reign of the Danes Canutus did the same bequeath'd Norway to Swain his eldest and England to his youngest Son and for the Norman Succession the very first King and who had the most right to do so from the Sword left to Rufus the right but of an Heir Testamentary tho followed by his Son Henry the first And Richard that had less reason so to do for his Daughter Maud by the Law of the Land would have been his Heir without the Legacy and so would to the latter his Nephew Arthur and tho both were by Rebellion rejected yet still sure their right remain'd But for this Edward the 6th disposing it by Will it was not only against the Customary Discent of the Realm in a right blood but of an Express Entail in several Acts of Parliaments I am so far of this Authors opinion that I believe it was no way warrantable but never the sooner for his Parliaments settlement had it not been at last upon the right Heirs for tho those Princes of ours heretofore took upon them to leave Successors by Will they still nominated those that by Blood were to succeed without such a Nomination so that the bequest was more matter of Form then Adoption only to let the Subjects know whom they look't upon to have the right of Succession rather than to superadd any thing of more right and that 's the reason or ought to be that we properly call the next in Blood the Kings Successor but the Crowns Heir 'T is a little prodigious Paradox to me that it must be such a receiv'd Maxim that a Parliament can do no wrong and that in plain Terms they tell us it can do any thing mollifying it only with an Exception that they can't make a Man a Woman yet that they bid pretty fair for too in these Presidents of Harry the 8th when they made Bastard Females of those that were Legitimate and then Legitimis'd again the same Bastards and 't is as mighty a Miracle to men unprejudic'd that our Parliament Patriots
jure must be Kings they know the first of James declares his Royal Office an Heritage Inherent in the very Blood of him 1. Jacob. and also that all our Books of Law besides the Fundamental Constitution of the Land do make the Regal Power Hereditary and not Elective and such an Elected Usurpers Laws can no further oblige the Subjects of England then they they 'l submit no more then the Czars of Muscovy a pecuniary mulct must be but a bare oppression and a Capital Punishment MURDER But Will. Prynn I Pryn's That the Parliament and Kingdom are the Sovereign power a piece Printed by Order of the house of Commons Confess in another of his Treatises that he Printed will have all such Acts made by Consent of Vsurping Kings bind the right Heirs of the Crown that Reign by a just Title That all such Acts oblige them is utterly false for one of them is commonly for their Exclusion but that some are admitted to bind is as really True but that is rather upon a Political account of their being serviceable to the Publick and the Country's Good And is it not now an unaccountable boldness that the very same Cases of Usurpers upon the Crown that this Indefatigable piece of Faction publish't against the Father they fought and Murder'd should be retrieved against the Son whom the kind Heavens ev'n by Miracle so lately restor'd But at last allowing those palpable falsehoods they so much Labour for falsehoods so gross that they can be felt to be matter of Fact contradict the true sense of all Chronicle with a Seditious Supposition to be secur'd of Truth give all the Laws of the Land the Lye raze Rolls and Records the better to rise a Rebellion and grant the Kings of England have been all Elected all almost from that Union of the Heptarchy in the Saxon to that of our three Kingdoms in the Scot and sure no Soul living can conclude with them in afairer Concession than in granting the very Postulate they require yet since they then in the End of K. James tho but so lately had settled the Succession and made it Hereditary can with men of Common sense the Presidents of its having been formerly Elective prevail for an utter Subversion of such a Settlement Popery was once in England by Law Establish't and must it therefore again be Establish't by Law Certainly all succeeding Reformation must null and abolish that from which they Reform and a Repealing Act will hardly be made Declaratory of the very Statute it Repeals if these be but their best Arguments the same you see will reason us back into the very Religion of Rome we have seen several Rebellions and some even of late to have lain the Land in Blood and can such sad Sufferance be made to Prescribe for our Misery warrant some such as Bloody to succeed but since all this suppos'd suggestion must vanish like to soft Air since the Succession has been settled for so many several ages to rake every musty Record only for a sad Review of some Time of Confusion is certainly but an Impious Industry to Confound the work of the very God of Order We may as well be discontented at the Frame of his World he so well digested and plead for Prescription the Primitive Chaos CHAP. II. Remarks upon Plato Redivivus THE best Animadversion that I can make on his whole first days Discourse is that it wants none that it's Impertinence has superseded reproof and the fulsome flattering Dialogue as unsit for a serious Answer as a Farce for a Refutation out of a Sermon The great acquaintance these pretending Platonicks would be thought to have with that Sect of Philosophers did not oblige them to be so morosely reserv'd as to know none other and they may remember an Ephesian Sophy I believe as Learned too in his Politicks that was never so much tickl'd as when he saw the dull Animal mumbling of the cross-grain'd unpalatable Thistle the disputing against the Laws of the Land and the Light of Reason they 'l find as uneasie as absurd and the latter as Impious and Profane and which deserves to be assimulated to a more serious sort of Obstinacy that of so many Sauls kicking against the Pricks but the Pleasant and Ridiculous Disputants put in for another pretty Quality of that insensible Brute the length of their sordid and stupid Flattery outdoes their Original Beast and the sad Sophister would force one Smile more to see three of the same sort of Creatures for a whole day clawing one another Certainly whatever they fancy the Dialogues of Plato whatever the Favourers of his Principles can suggest surely they were never fill'd with such Fustian But that good old Philosopher did as plainly cloath his Disputes as well as himself in an honest homely Drugget of Athens Tho I confess they tell us of his rich Bed and his affectation of State which a Soul so sublime could not but Contemn while these Sectaries are such refin'd Academicks so much polish't with Travel and the breeding of the Times That all the Fops of France the Dons of Spain his Adulano of Italy seem melted down into one Mass of Impertinence they can't pass by the thin Apartments of a Page without a Congee Bon-Grace and a formal Salutation upon one anothers Excellencies the Doctor claws the Patient with his Lenitives Frications Emollients of Praise and Adulation and the Patient who in the literal sence must be said to suffer with such a Doctor if not in Body Natural I am sure in the Politick as in Cordial Affection and Common Civility he is obliged returns him the reputation of his Book De Corde for the tickling the very Auricula's of his Heart for Praise must certainly be Pleasant for an Aesculapius that sets up for a Matchiavel confutes Solomon and the Bible as he says for saying the Heart is unsearchable tho but Vid. Argument to the Book an Ordinary Divine without the Criticks Tremellius or a Munster would say that in the Text there is nothing meant but the mind But Cor hominis must not be Inscrutabile now only because the Doctor has handl'd its fibres and thus this Triumvirate of Fulsomness and Faction treat one another with their Fustian and Foppery through the whole piece I seldom care to lard our English with the least scrap of Latin but because 't is the property of such pedantick Scriblers who still most affect what is most ridiculous Foppery and Folly I 'll only give them an Argument out of the Mathematicks fora Demonstration of their agreeable Faction and Foolishness and for his Cor hominis as it relates to this Doctors Pharmacentria let him take one of Euclid's Postulates that has a greater reference to their mighty Three In English thus and if they will have Lattin Quae conveniunt uno Tertio conveniunt inter sâ— 'tis in the Margin Those that agree in one Third must needs agree among themselves The Venetian
Secondly I 'll shew that this their confounded principle of perfect Confusion is not only against the Fundamental Law of the Land but against the sense of every Law that ever was made in it Every preamble of an Act and that of every Proviso there runs with A Be it Enacted by the Kings most Excellent Majesty It is no Stat. if the King assent not 12. H. 7. 20. H. 8. by and with the CONSENT of the Lords Spiritual and Temporal and the Commons in the present Parliament Assembled And then let any sober person Judge where lies the Soveraignty would it be suffer'd to be thus exprest were they not satisfy'd they were not all Soveraigns or if they were ought it not according to this Rebel and Republican run We the King Lords and Commons Enact but I 'll let him know how and what the Libertine would again have that Enacting part of an Act of Parliament to be tho the Politick Knave fear'd it was too soon yet to declare plainly for an Usurpation viz. Be it Enacted and ordained An Act. March 1657. Vid. Act of Oblivion 51 by his Highness the Lord Protector Or the Parliament of England having had good Experience of the Affection of the people to this present Government by their ready Assistance in the defence there of against Charles Stewart Son of the Late Tyrant and his Forces invading this Nation do Enact c. That our Kings in the time of the Saxons Danes and some part of the Normans had more absolute Power over their Subjects than some of their Successors since himself can't deny the Charter of Liberties being made but in the Reign of Henry the Third and when the People had less of Priviledges the Kings must be supposed to have had more of Praerogative therefore we shall examine only what and where the Supremacy is at present and where the Laws of the Land not the Will of the Prince do place it In the Parliament that was held at York in Edward the Seconds time The Rebellious Barons that 15. Ed. 2. had violently extorted what Concessions they pleas'd from the Crown in His like those in the three foregoing Reigns when they seal'd almost each Confirmation of their Charter in Blood were all censured and condemn'd and the encroaching Ordinances they made in those Times all repeal'd Because says the Statute The Kings Royal Power Great Stat. Roll. 26. H. 3. to Ed. 3. 1. Ric. 3. Exact Abridg fol. 112. was restrain'd against the Greatness of his Seigniory Royal contrary to the State of the Crown and that by Subjects Provisions over the Power Royal of the Ancestors of our Lord the King Troubles and Wars came upon the Realm I look upon this as an absolute Acknowledgment of a Royal Power which is sure the same with his Soveraign sufficiently distinguisht here from the Parliaments or the Peoples co-ordinate Supremacy for those condemn'd Ordinances were lookt upon as Usurpations upon the Kings Supremacy which they call the Power Royal of his Ancestors and not as our Author would have too of the Sovereign power of Lords and Commons At the Convention of the three Estates first of Richard the Third where 1. R. 3. the Parliament call themselves so themselves expound also what is meant by it And say it is the Lords Spiritual Temporal and Commons of this Land assembled in present Parliament so that we have here the whole three States besides the King owning themselves such without assuming to themselves a Soveraign power recognizing the Right of Richard and acknowledging him the Sovereign And tho I shall for ever condemn as well as all Ages will their allowing his Usurpation a Right which was an absolute wrong yet this is an undeniable Argument that then they did not make their King Co-ordinate with themselves made themselves declared themselves three States without him and acknowledged their King the Sovereign and Supream That Act that punisht appeals to Rome with a premunire in Henry the Eighâ—h's time gives this Reason why 24. H. 8. none should be made to the Pope nor out of the Kingdom because the King alone was only the supream head in it It tells us expressly That England is an Empire that the King the Supream Head has the Dignity and Royal Estate of the Emperial Crown unto whom a body Politick divided into Terms and Names of Spirituality and Temporality been bounden owe next to God humble Obedience c. Who has furnisht him with Plenary Entire Power Preheminence Authority Prerogative and Jurisdiction Here his Body Politick is devided into Spiritual and Temporal here he is called the supreme Head and here I think is a full Recognition of his sole Sovereignty And 't is strange that what a Parliament did in Opposition to Popery should be so zealously contradicted by such Sycophants that pretend so much to oppose it In the next place he tells us of an error he lay under that he thought our Commonalty had not formally assembled in Parliament before Henry the Thirds time but of that now is fully Page 103. convinc'd by the Labours of some learned Lawyers whom he names and lets them know too how much they are obliged to him for the Honor But I suppose he reads but one sort of Books and that such as suit with his Humor and Sedition and of that Nature he can meet with Variety for I dare avow that within the space of six years all that ever was or can be said against the best of Governnent our own all that was or ever will be rak't up for justifying a Rebellion and restoring a Republick from falsifyed Roll and Record from perverted History and Matter of Fact by Pens virulent and Factious with all the Art and Industry and whatever thought could invent for its Ruine and Destruction has been Printed and Publisht such an Universal Conspiration of Men of several Faculties each assisting with what was his Excellency his Talent in Treason which seemed to be the Task-Master of the Town and Monopolizer of Trades But our Politician might return to his old Opinion again did he but consult other Authors I believe as learned Antiquarians I am sure more Loyal Subjects who can shew him that the Saxons Councils call'd the Witena Gemotes had in them no Commons That the Conqueror call'd none of them to his great Councils none in those of his two Sons that succeeded nor none in any of the Parliaments down to Henry the Third my Lord Coke tells us of the Coke first Institutes Lib. 2d C. 10. T. Burgage Names this Parliament had before the Conquest as Sinoth Michel or Witena Gemote which he says implyed the Great Court or Meeting of the King and all his Wise Men And also sometimes of the King with his Council of his Bishops Nobles and the Wisest of the People and unless from the wisest of the People and all his Wise Men they can make up an House of Commons I am sure
as dangerous Designs for at the end of one of their Harangues the beginning of which is only marked with R. M. and its Author may be loth to let any more Letters of his Name to be known you have these following Lines If at the same time we endeavour to secure our selves against Pag. 3. Popery we do not also do something to prevent Arbitrary Power it will be to little purpose I think nothing can prevent that better than frequent Parliaments and therefore I humbly move that a Bill for securing frequent Parliaments be taken into Consideration can any thing be more expressive than that the Bill so much clamour'd for was only the burden of the Song and that the Ballad it self must have been all to the Tune of 41. when Arbitrary Power never ceased its Cry till the Parliament was made Frequent its Frequency never sufficient till standing and pertual which proved too as dangerous as a standing Army ever restless till it had really raised one too and the Kings Head from his Shoulders and can these worst of Criminals make it a * Hunt in post pag. 92 93. Crime to make the Nation fearful of such Parliaments when there are such Speech-Makers in it I shall to such Accusers Faces defend them to be formidable not out of any Apprehension of fear for my self for whenever such a Seditious Senate their Commons become dangerous again to good Subjects the Safety of the Government must be but in as bad Condition But it might well terrify then even a Crown'd Head and frighten him from their Frequency when some of the most popular Members of that late Assembly have been since found in an actual Conspiracy for pulling the Crown from it when the mighty Three Russel Sidney Armstrong has made up a Triumvirate in Treason as well as part of that Parliament And been tryed Legally sentenc'd Justly and suffered publickly for Traytors Sir G. H. I do agree a Bill for Banishing Papists may do well But I hope if you Banish Ibid. page 3. the Men you 'll Banish some Women too consider how to prevent the Royal Family marrying Popish Women No man can doubt but the Protestant Interest has been much praejudiced by his Majesties marrying a Princess of that Religion Popish Instruments having sheltered themselves under her Protection The Country Gentleman wanted the Civilities of the Court being a declared Enemy to all Ladies but this shows plain their aims were beyond that of the Duke and that it was the Sense of some of the House the Queen was in the Plot as well as the Opinion and Asseveration of Oats his Oath against his exprest Testimony given before Sir E. H. Have we not ordered several good Bills to be brought in for the securing us against Arbitrary Power and shall we now lay aside all those and be content with the Exclusion Bill only which I think will be worth nothing unless you can get more and what some of those more are is explained Page 9. in the next Oration to it W. G. I do admire no body does take notice of the standing Army which if not reduced to such a Number as may be but convènient for Guards and limited as they may not be encreased All your Laws signify nothing the words of that Hellish Association only differ thus when they swear more modestly only to endeavour entirely to disband all such Mercenary Forces as are kept up in and about the City of LONDON These are some of the very Words as our Author relates them as they were spoken in his House of Commons I do them only that Justice that this Historian has done to their Honours or they to themselves so if these accounts are Authentick tho I remember when dangerous to Question even the Authority of an unlicensed piece of Sedition then we see that many of our late malecontents of the Commons as well as our Plato's Rebellious Barons were not like to be contented any more with our Kings granting them all the security themselves could ask for their Religion then these Imperious Lords were after all their Liberties were fortyfied with an extorted Charter and made as firm as Fate or their foresight could provide But that nothing would satisfy unless both lopt off the best Limb of their Prerogative and allowed them to have Parliaments without Intermission or at least frequent enough for an Usurpation of all the Power that is Regal for as the Doctor of Sedition observes upon the Kings being allowed to Call and Dissolve them That our Liberties and Rights signify just nothing So might Page 105. also this politick Pis-pot have remarked That when once it comes to the Power of the People to summon themselves or sit so long a Season till their own Order shall determine the Session that truly their Venetian Doeg would be a Prince to the Monarch of Great Britain and we should soon have less left of a King in England than such implacable Republicans have of Loyalty for I am sure we must in reason have better Ground to dread those dangers and utter Subversion of the State from their too much sitting that has been experienced than they for that panick fear of Tyranny from their being so often Dissolved which they never yet felt But to see the boldness of such Villains for encouraging an Insurrection The briskness of their Barons that rebeled for a Charter and frequent Parliaments was most providentially brought upon the Stage when they knew they had forfeited most of their own by their Faction and made their House of Commons from their obstinate proceedings not likely to be soon summoned when once Dissolved so that here was a plain downright Encouragement of a resolute Rebellion as Occasion should serve and Ietting the People know they must put on their Armour as well as the Barons and be as brisk upon Intermission of Parliaments How far this good Exhortation encouraged an Assassination of our Sovereign and the succeeding Plot may be gathered from their attempts to put it in Execution and for which both Author and Publisher Merit full as well the Fate of those that dyed for the practising those Principles that they the more primitive Traytors had instill'd In short to insist no longer on this black Topick of plain Treason With what Faith and Integrity with what Face and Countenance can he call that perfect Conspiracy of a parcel of Faithless Peers a Defence of the Government that for almost forty Years laid the Land all Page 107. in Blood and with their Witchcraft their sorceries of Rebellion that briskness as he calls it of putting on their Armour made it imitate an Aegypts Plague and Anticipate the very Judgments of the Almighty by purpling her Rivers with the Slain can the Defence of a Kingdom consist with its Destruction or those be said to stand up for their Country that invited an Invader and swore Allegiance to Lewis a Frenchman against him that was their
a plain puny Doeg and all this at a time the Government stood firm upon its Foundations and the best of Basis its Fundamental Law to what an height of exalted Insolence was the very Soul of Sedition then aspired to to suffer such a Serpent to see the Light that hist at the sight of a Soveraign and spit its Venom in the very Face of Majesty And whatever Recommendation this virulent Republican gives us of the Venetian Justice he would find sufficient severity sublim'd Cruelty instead of Law distributed to such daring Offenders as should offer at a Monarchy there tho but a mixt and of which they seem to have some necessitated resemblance in their constant creating of a Duke as if there were yet some remains of Royalty left which they could not extirpate and like Nature it self whom all the Art of Man can never expel the Libeller would not be long then without an Halter the Jealous State would soon send Vid. Resiquiae Wotton Foscarino 's case him the sight of his Sin and Sentence together and that by the Hands of his Hangman and some little Gondula to Ferry him to the deep No Magna Charta no Petition of Right no privilege of a Tryal of Peers or even a Plea allowed to the Prisoner and whom with a Praevious Sentence too they many times dispatch assoon as seiz'd And shall a Monarchy here founded upon Kingly Government has been the usage of the Land beyon'd History it self the Common Law is but Common usage Plowd Comment p. 195 Le Commen Ley n'est que Commen use its Fundamental Law and that for fifteen hundred years be invaded with impunity by the Pen of every virulent Villain each Factious Fellow that can but handle the Feather of a Goose I confess when they were arriv'd here to their Acme of Transcendent Villany when Vice had fixt her Pillars here and that in an Ocean too but of Blood when they had washt their Hands even in Insuperable Wickedness and shed that of their Prince when by a Barbarous Rebellion they had subverted the best of Civil Governments our Monarchy and establisht their own Anarchy a Common Wealth 2. part of the Inst fol. 496. Kings Praerogative is part of the Law of England then they might well be so bold as to write their Panegyricks upon their own Usurpation when they were to be paid for it by the Powers instead of Punshment Then they might tell us as indeed they did that the greatest of Crimes was the committing of High Treason against the Majesty of the People That the Romans gave us good Presidents for Rebellion Mâ—rc Pol. Num. 107. in the turning out of their Tarquins and the Government together that Caesar Usurpt upon the power of the People Marius and Sylla on the Jurisdiction of the Senate Pisistratus turned Tyrant at Athens and Agathocles in Sicily that Cosmus was the first Founder of a Merc. Pol. Jun. 17. 52. Dukedom and a fatal Foe to Florence that Castruccio made himself the Lord of all Luca and oppressed the Liberty of all the Freeborn Subjects of the Land that all our Kings from him they called the Conqueror to the Scottish Tyrant were but the same sort of Usurpers upon the power of the People All this with much more Execrable Treason was Printed Publish'd and Posted through the Kingdom with Approbation of Parliament and which we shall in its proper place represent in its own blackness black as Hell it self the seat of such Seditious Souls full of Anarchy and Confusion But why we should now have so lately left us such daring desparadoes to retrieve to us the same Doctrine to tell Plato us that Affairs of State must be managed by a Parliamentary that is in their own Phraseology a meer popular Power could proceed certainly from nothing but the deepest the most dangerous Corruption of the Times from the desperate Condition of a Goverment ready to be undermined by Treachery Plot and Machination brought so low that it did not dare to defend it self and its boldest Assertors so far frightened into a dishonest and imprudent sort of Diffidence as to distrust the strength of their own Cause and that was evident too from the sad servile Complyance of some fearful Souls otherwise well affected that seemed to give up their Government like a Game lost that had rather sink then swim against the Tyde But for a more direct Answer to this Proposition we shall shew that Affairs of State must be managed by our Monarch that matter of Fact has prov'd it by Prescription that it is our Kings Prerogative by the Lands Law and his unquestionable Right by the force of Reason For the first 't is evident from History that for above 600. years near a thousand before the Conquest we had Kings that had an Absolute and Soveraign sway over their Subjects as appears from the Gildas B. who was born Anno 493. most Antient Writer of our British History it is apparent that all our Monarchs Britains Saxons and Danes exercis'd unlimited Jurisdiction without having their Affairs Govern'd by any estabisht Council much less a Parliament and that to be prov'd beyond Contradiction from the several Authors that Lived Wrote and were Eye These were Nennius a Monk of Bangor who liv'd An. 620. Bede a Saxon who wrot in their Heptarchy dy'd in the 733. Asserius Menev. who writ the Acts of King Alfred Colemannus Ang. who liv'd in the time of the Danes and Harold the first Vortiger the British King on his own Head call'd in the Saxon without his Subjects consent Egbert an absolute Monarch of the Saxons over all the Isle Canutus as absolute among the Danes call'd only his Convention of Nobles at Oxford about 1017. Witnesses of the manner and Constitution of their Government and then sure must be suppos'd to understand that to which they were Subjected from those good Authorities can be easily gather'd that the power of Peace and War was always in the Prince that they were Govern'd by him Arbitrarily and at his Will that he call'd what Councils of whom when and where he pleased so far from being Limited that the most popular Parliamentarians would be loth his present Majesty should prescribe to such an Absoluteness and which nothing but the kind Concessions of some of his Predecessors to their Clamourous Subjects has given from the Crown and dispens'd with that power and right enjoy'd by their Royal Ancestors 'T is strange and unaccountable that those which stretch their Wit and Invention for this power of Parliament and run through all the Mazes of Musty Records for the proving it so Ancient yet will not allow that of their King so long a standing and which after all their fruitless Labour lost proves at last nothing but the Council of their King those Noble and Wise-men he would please to Assemble their Gemotes the name of that most Ancient Assembly implying nothing more as appears
Cook 4. Inst C. 2. Evil Counselling of their King invented very cunningly this popular Opinion to preserve themselves and please the Rabble they had so much enraged And could after so many Centuries after so long a series of time the Principles even of their execrated Enemies by themselves too be put into practice and what is worse still shall the sad effects that succeeded the practising it so lately encourage our Seditious Libellers for its Reimpression if this most Rebellious Nonsense must re-obtain all their declaratory Statute the determin'd Treasons of their good King †25. Ed. 3. Edward may pass for a pretty piece of Impertinence they may do as once they truly did they may Fight Shoot at Imprison Butcher the Natural Body the Person of their Soveraign and tell us the Laws designed them only for Traytors when they could destroy him in his politick The same Laws make it Treason to compass his Queens Death or Eldest Sons and must it be meant of their Monarchs being Married in his politick Capacity as well as murdered or of his Heirs that shall be born by pure political Conception they might e'n set up their Common-wealth then if these were to be the Successors to the Crown But yet with the same sort of silly Sophistry that they would separate the Kings natural Capacity from his political did the same Seditious Rebels as I remember make their own personal Relation to a politick Body Inseparable Rebellious Lumps of Contradiction shall not your Soveraigns sacred Person be preserved by that Power and Authority derived even from the Almighty and whose very Text tells us touch not mine Anointed and yet could your selves plead it as a Bar to Treason because perpetrated under a political Denomination and a Relation only to that Lower House of Commons that was then only an incorporated Body of Rebels and Regicides and this was told us by that Miscreant * Vid. Tryal of the Regicides page 50. Harrison the most profligate the vilest the most virulent of all the Faction concerned in that bloody Villany the MVRDER OF A KING the silly Sot had it infused by his Councel as Senseless as Seditious That it was an Act of the Parliament of England and so no particular Members questionable for what was done by the Body I confess the good excluded Members and the bubbl'd Presbyterian Senate would not allow it for a Parliamentaty Process and why because themselves did not sit in it and truly upon that unexpected and most blessed Revolution might â—hugg themselves and shrink up in a silent Joy that they were kept out And I cannot but smile to see * Vid. Ibid pag. 52. two or three sit upon the Bench and upbraiding the Prisoner for pulling them out of the Parliament and making themselves none †This was pleaded too by Carew p. 76. Treasonable words sworn against Scot. spoken in Parliament he pleads Priviledges of the House for speaking Treason tho 't is expressly declared not pleadable no not so much as for the breach of the Peace 17. Ed. 4. Rot. Parliament N. 39. Persons whom Policy had only placed there when the poor Prince was forc't to compound with a party for a Crown forc'd to prefer those that had â—dethroned his Father before only the better to settle himself in it and to compass more easily the punishment of those that murdered him after Persons and a great one too that I could name that have serv'd him as ungratefully since and been as deservedly rejected Persons that had his late Majesty's Arms been but as Victorious as his Cause was good had been as much liable to the Laws and their Crimes as Capital for fighting him in the Field with an Ordinance of the House as those that brought him to the Scaffold and Butchered him on the Block from the time that their Tumults forc'd him to fly from their Houses they were no more a Parliament than those were afterward that pulled them out and it lookt a little loathsome to see some sit a simpering and saying all Acts must be past by the King who themselves once had helpt Tryal of the Regicides pag. 52â— to pass many without and they could no more justify themselves had it been but their turn to be brought to Justice by their Memberships political Referrences to the two Houses then the Criminal at the Bar by his Relation to the Rump I have their own Authority for it their very * Answer of the Commons to the Scots Com. that the King had forfeited the executing the Duties of his Place and therefore could not be left to go where he pleased Anno. 1646. Imprint Lond. p. 20. Houses Act that they declared designed and actually made their King a Prisoner For they told the perfidious Scot that his denying their Propositions and what were those but Expedients to destroy Him had debar'd him of his Liberty and that they verifyed too when they had got their poor purchase at Holdenby in a usage of their Prince with a restraint that would have been Cruelty to a Peasant and which even his very Murderers enlarged when their Joyce took him from his Jaylers And I am sure 't is provided that to Imprison him till He assent to Proposals shall be * Parliam Roll. Num. 7. Lex Consuâ—tudo Parl. 25. Ed. 3. El. 1 Jac. High-Treason by particular Act as well as to Murder him is made so by the 25. And whatever the Mildness of ‖ H. postsc p. 89. Mr. Hunt the Moderator of Rebellion would have this Mystery of Iniquity would not have it so much as remembered it was these his own darling Daemagogues whom he defends and adores and that even for †Ibid p. 11. Restorers who script him in his politick Capacity anticipated his Murder and then left his naked Person to be persued by the * Salmasiuâ— has the same sort of simile page 3â—3 defensio Regia Wolves that worried it they had turned their House into a Shambles and that of Slaughter and were the Butchers the less Bloody that only bound Him and left to their Boys the cutting of his Throat yet this Barbarity must be defended this extenuated by them and the help of their Hunts and such Advocates the guilt not to devolve to each Individual Member because an Act of an Aggregated House But base Caitiffs to use even the very * Hunt page 94. Lawyers own Language your selves know that a politick Body may be guilty of a most political Treason and tho the †21. Ed. 4. 13 14. and noted Calvin's Case Laws tell us it has no Life or Soul and so can't suffer yet it s constituent Members may lose both be Hang'd and Damn'd in their proper Persons and that for committing it too against such another political Constitution It would otherwise be a fine Plea for Corporators that have been many times Defendants in the Case when their King has been Plaintiff And
the Statute and the Law William Writ against Pryn too in one Page proves his King Supream in the other his Parliaments Supremacy the most Mutinous Member would needs be Loyal when it was to late and the most Malitious Miscreant at the Pen Publisht his Memento when his Money with his Membership was sequestred from his own Home as well as his self from the Parliaments House and then palliated it with a piece against his Majesties Murder I the more Liberally enlarge upon this because his party the Presbyter would appropriate to themselves from some of his Papers the Vindication of their King but what I am sure in sincerity was thâ—â— own Reâ—enge They the Scot and the Todpole Spawn of both that Independant made use of unanimously the Defence of their Prince for the Destruction of his Person and then the differing Daemagogues with the very same * Vid. Answer of our English Presbyter to the Scots Commissioners The Scots reply from their Camp at Newark The Members to the Army The Armies Answer to the Members The Scots Remonst to the Army The Armies reply Pretences strove to put upon each other that is both alike full of the same falshood both alike fancyed their own Integrity they seemed to Labor for the two sublimated Vices Hypocrisie and self-conceit whereof the one made them twice Villains the other double Fools And this Confounder of Paper as well as the People Publisht then ∥ the very same An. From 41. to 48. Pamphlets or waste Papers 125. Principles this strach't Republican has proposed now for new Politicks of State Pryn and Plato differ only in this one Labour'd to make Law speak Treason the other Sense Lastly were not the Parliament very tender of this last this present Princes Power and Prerogative when they enacted a new * Act for Regulating Corporations Oath to be taken by all in Office for the Renouncing the Trayterous Position of resisting his Majesty with his own Authority And this Rebellious Proposal of our Republican is to make even the Parliament it self to make use of his †Vid. Plat. Parl. of Commons begun with H. 3. within 400 y. Kings in Caesars time 1000 y. since Authority even for an Usurpation upon his Prerogative and when once they come to Manage that they may be sure they 'll be his Masters too and I hope 't is now in some Measure prov'd even in the several particulars I undertook should be so that our Monarchs had heretofore an absolute Management of Affairs without an Interfering of Parliaments which then had not so much as Being and which were since they had it never called as their very Writs express it but to ‖ Deliberaturi de arduis 4 Inst 2. p. consult that they never offer'd to set a Council over their King much less themselves as this * Plato popular Pedant calls it to Manage his Militia and demonstrated this as was designed from Prescription even beyond Chronicle from the Laws of every Reign and my little Light of Reason All the following Propositions are as much against Reason and Law for the third is that the Judges be nominated by Parliament which as it would divest the King of part of his Supremacy so it would make themselves in effect both Judges and party for those then their own Creatures would have the Exposition of those Laws which themselves had made The ‖ Cook 5. fol. 62. 9. Ed. 4. Cook 8. f. 145. Law allows all the Four Courts at Westminster to be all Courts by Prescription and then let them tell me to whom belongs the power of Electing those that are to preside in it to the Kings of England that can prescribe to their Government even from the very Britains before Caesar ever set Foot in it neer 1700 Years agon and with whom their Courts of Judicature were ever Coeval or the Constitution of a Parliament that first within this four hundred years could be said to have a Being and so that which themselves would now controul had a Priority even in time to their Existence for near 1300 Years It is called the Court of Kings Bench Let them name the Judges it must be no longer His but the Parliaments 'T is Rebellion in them to assume it for they must at the same time too take the Soveraignty the Supremacy and 't is that such Seditious Proposals must aim at and truly do for 't is expresly declared for ‖ 3 El. Dyer 187. Cook 4 Inst c. 7. p. 73. Law that the Justices of the Kings Bench have Supream Authority the King himself sits there in them as the Law intends if the Parliament can chuse their Kings Representatives they can their King too and make the most Hereditary Kingdom Elective before the Reign even of Edward the * Ibid. p. 74. First the Chief Justice of this Court was created by Letters Patent 't is out ever was and will be out of the Parliaments power to create per Patents even a petty Constable 't is the King alone that by these his †32. H. 6. 13. Letters can constitute Courts and grant all Regal Rights He can erect a ‖ Plowden 334. Court of Common pleas in what part of the Kingdom he pleases and shall he that has a power over the very being of the Court not be able to place his Ministers of Justice in it The Chancery is a Court of such Antiquity that long before the Conquest we have several accounts of it tho some that were * Pollid Virg. Foreign to our Laws as well as Land would make it commence with the Conqueror Our very †4 Inst 6. 8. ibid. British Kings are said to have had such a Court and Ethelred the Saxon granted the * Mirror c. 1. §. 12. Fleta l. 12. c. 1. Glanvil l. 12. c. 1. and all the most ancient Lawyers speak of it Chancellorship even in Succession I need not it would be Nonsense to design to prove Parliaments had nothing to do with such Affairs so long before they themselves exsisted and in this Monument of Antiquity fam'd for the Distribution of the most Equal Justice since they cannot pretend without shame to the power of Electing such an Antient Officer of the Crown why what they can't presume to mend must Plato be quite Marr'd and utterly Abolisht Pryn himself could never pretend that this Great Officer was the Peoples tho that popular piece of Absurdity might have prov'd it too as well he did the rest from the paradox of all our Princes being Elected which tho allow'd them from their perverted Histories yet still those whom they say were Chosen had the Liberty of Chusing their own Ministers sure they can't have the least shadow for such a silly Conjecture therefore this ‖ Pâ—yn's Parl. right to elect great Officers and Judges Sophister having just so much sense as to conceive from the begging one false Principle the most Damnable
is a solecism in Sense to imagin that Plebeians can concur in conferring that on others which themselves have not the least Tincture of A Title of Honor Or that any thing besides somewhat that is Soveraign can really communicate it to a Subject And we have seen when it was Usurpt what a sort of singular good Lordships and precious Peers were put upon us The Thebans would not so much as admit a Merchant into their Government till they deserted their calling for ten Years while the meanest Mechanicks were made Members of our House and a Tinker of the Army's just taken from his Tool The Bishop of Ely was accused only in Richard the First 's Time for putting in pitiful Officers into publick places of Trust and 't is but a little since a Parliament intrusted our Lives and Fortunes in the vilest Hands And lastly this very Libel Lashes one of our * Rich. 2d Plat. pag. 116. Kings for the preferring Worthless Persons and makes it even a forfeiture of the power of the Sword at the same time that he contends for the People in this point who were never yet known to prefer any other An Italian State as Tumultuous as our own took upon them once to create a new Nobility but assoon as the popular Faction or if you please the Convention of the People had set themselves for the Preservation of their Liberties to make Lords why truly the Election was like to be of such senseless Scoundrels you may suppose a Barksted or an Hewson some mender of Shooes or a maker of Bodkins But so sensible were those Seditious Souls that they were like to set up their Servants that they wisely resolved to retain their old Masters And I think were not some of us so wicked we should all be so wise too since we saw our own distracted Nation was never at rest Till our Rulers were restored to us as at the FIRST and our Councellors as at the BEGINNING And last of all only let me take the Liberty in this last and dismal scene of Sedition to represent but a bloody prospect of that Harmonious concurrence there is between all sorts of Rebellious Principles tho projected by Persons of different Persuasions Persons that differ in Manners and Customes of their Countries Rebels remote from one another in Time Rebels as remotely allyed in the Lands wherein they live As if the Sea it self could not separate such Seditious Subjects In their Principles and Practices that had defiled their Land with such a mutual Conspiration in the Murdering of their Soveraigns and let in an Inundation of Blood upon the Subjects and this Bloody Correspondency between the practice of primitive Rebels as well as modern between the Proceedings of Foreign Rebellions as well as our Domestick must result from the Reasons any sort of Subjects have to resist their Soveraign which we shall see were at all times with all sorts still the same that is just none at all and that appears in that People of such several sorts were all forc'd to pitch upon the same Pretences for the Justifying their Treasons And to make use of the same Cavil and Calumny against their Princes when they saw they could never ground any real Accusation And lastly to promote the same Projects and Propositions almost in a Literal Transcript for the levelling the raising the Foundations of their several Monarchies and making themselves the Masters of the Crown or rather this Seditious Harmony of all Rebels proceeds from their having ever been animated and instructed by the self same Agent of Hell the primitive Prince of Faction the Devil and this parity of pernicious Principles Practices and Propositions will appear in the perfect parallel that there is between the Proceedings of our old Rebellious Barons in England And the later Rebellion of the late Leaguers in France and the clear conformity of the Proposals of our Parliament and the polticks of this Plato to both I 'll place them in their turn as they succeeded in their time and let them that would prescribe to Treason be proud of the Precedency For the First the Barons being greedy of Rule the Commons of Liberty as a learned Author and * Antiquary le ts us Barons Cotton's view of Henry 3d. know some of the popular Lords began with the plausible pretext of the Peoples Liberty when to suppress these Troubles and supply the Kings Extremities a Parliament is call'd but such an one as prov'd much to the liking of the Lords and as little meant to relieve their King much less to redress the People The Clamor was of Encroachment upon their Liberty To silence that the Charter is several times confirmed But they finding what a power the Kings Necessities put in their Hands were resolved to supply him with so little that it might well keep their King from being Great they * M. Paris pag. 807. force him to the very sale of his Lands and Jewels for Bread and to turn out of his Palace because not able to sustain himself in it they seised upon Dover his Castle and the Kingdoms Key which was Treason for that account to deliver to a Foreigner and than a Fortiori for a Subject to take made Head against their Soveraign called in French to subdue him Which when they had done in which Actions none more Zealous than the Loyal Londers for his Destruction what was the Event Why our Historians tell us and what are still the unfortunate Effects of a prosperous Rebellion Murder and Sacrilege and Sword And the Victorious Barons Lorded it like so many †Baker p. 86. Tyrants too till Providence in a more signal Victory restored their Lawful King and the Subject's Liberty As the Baron's Wars began in King John's Time but broke out in a more Leaguers perfect Rebellion in his Son Henry's so were the seeds of this Civil Dissention sown in the Reign of Charles the Ninth and were fully ripened in the Reign of his Son and that a 3d. Henry too The Nobles here were disgusted and soon made the Commons so too A Parliament there too was thought to remedy those Discontents and that as our Henry's encreas'd the Distemper they told the French too of their Taxes and Impositions and accus'd their King of Misgovernment for imposing them as our Lords combin'd so these Leagued for the redressing of Grievances and were first Aggressors in seising Verdun and Tull two Towns in France as those did Dover and Hull in England * See their History written in Italian by D'avila in Lat. by Thuanus in French by D' Aubigni in English a Translation by Mr. Drydâ—â— their Henry was forc'd to flie from Paris his Principal City His Metropolitan also of Sedition and that by Tumult too And what did it terminate in but in the Murder of their King too The calling in of the Spaniard that was like to inslave the People to a Foreign Yoke and at last weary of the Usurpt Dominion
ensued a discovered Assassination of their Soveraign and was there no danger of a Parliament no sign of a Protestant Plot Only because the King did not leave Whitehall and go down to Hampton Court because there was no Essex in the Field as well as the Plot no King secured at Oxford as well as in the Isle of Wight that there was no High-Court erected at Westminster but only a better expedient found out at the Rye If these are Arguments to render an House of Commons unsuspected and a Plot of the Protestants unimaginable if because here are perfect Parallels of Proceedings as even as if drawn with a Compass Mathematical and which according to their proper Definition I could draw to infinity yet still there must be presumed a great Disparity between the Subversion of the Government that was actually compast and the Destruction of it now that was so lately intended If there be the least Difference between what led to the last setting up an Usurper an Arch-Rebel in the Throne and these late Machinations of Hell to retrieve the same Usurpation bating but the Providence that interposed against its Accomplishment Then will I own what this Villanous Author will have taken for granted That those that have the least Suspicion of any sort of Parliaments are the greatest Villains that a Plot of Protestants proved by Confession is still a Paradox and that my self deserve what he has merited a PILLORY The Pages that he spends in declaiming against trifling Wit supersedes all answer and Animadversion which himself has prevented in being Impertinently Witty upon the very thing he condemns The stress of his Ingenuity is even strained in the very declaiming against it And Settle has not so much answer'd Himself as Hunt here his own Harangue That Gentleman sate down a while for his second Thoughts but this preposterous Prigg sets himself in his own glass at the same time a Contradiction to his own Writings His * pag. 39. Observations upon the perjuries as he calls them of the Popish Priests that dy'd is so severe that the absolute Argument of their Guilt is drawn from their very denial and their equivocations he suspects from those very dispensations they renounc'd to dying words certainly such an inhumanity is hard which unless he had reveal'd Assurance by Christians must be blamed I confess there is not a Criminal of our latter Conspiracy I will declare Guilty beyond his own Confession and then there is not one that dyed but whom I can well think Guilty His next †pag. 59. Observation that is worth Ours Is that upon the Legislative Power and there he makes each of the two Houses to have as much of it as the King and that I deny with better Reason than he can assert that the two Houses are concurrent in their Assents that Bills be preferr'd to be made Laws I 'll willingly grant 't is my Interest 't is my Birth-Right But that which I look upon to be truly Legislative is the Sanction of the Law and that still lies in the breast of our Sovereign If Mr. Hunt that in many places is truly Pedantick will rub up his Priscian the Grammatical Etymology will make it but Legem ferre and then I believe his House of Commons will be most Legislative 't is their Duty their Privilege rather to bring and offer up all Bills fit for Laws and the King still I hope will have his Negative in passing them the Commons pray petition to have them past and that implies a consent Superiour to be required that can absolutely refuse ‖ Vid. quel Impositions le Roy poit grant sans Parlm Roll. Abr. 171. Le Roy poit Charge le sujet lo◠per benefit del Sujet sans Parl. 1. H. 4. 14. Roll. 2d Abr. 171. Les Commons Priont was wont to be a Form Croke 2d part 37. the King can with out Parliament charge the Subject where 't is thought for their Benefit and allowed to dispence with a Statute that concerns his own resolv'd by all the Justices the King by himself might make Orders and Laws for the regulating Church Government in the Clergy and deprive them if they did not obey 22. Ed. 3. says the King makes the Laws by the Assent of the Lords and Commons and so in truth does every Act that is made and every clause in it * Bract. Lib. 1. C. 2. Bracton says the Laws of England by the Kings Authority enjoyn a thing to be done or forbid the doing These are Arguments that our King sure has somewhat more than a bare Concurrence in the Legislative If not he must be co-ordinate and then we have three Kings which is what they would have and then as well may three hundred I love my Liberty better than our Author who has forfeited his yet I remember when too much freedom made us all Slaves The Extent of the Legislative Power is great but then I hope 't is no greater than the King shall be graciously pleased to grant it shall extend And then I hope it must be allowed that Equity and Justice must always determine the Royal Sanction too which cannot of it self make all things Equal and Just should it stamp a Le Roy vult at the same time upon Acts inconsistent and contradictory upon such as were against the Law of Nature and all Reason such would be de facto void 'T is hard to be imagined such Error and Ignorance in so wise an Assembly but what has but bare possibility in Argument must still be supposed but that it has actually been done will I prove possitively and not with some of their illogical Inferrences suggest that a thing must be so only from a bare possibility of Being Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament Assembled 't was then first those that were by special Act since declared Traytors made their King * Lords Spiritual Lords Temporal and Com. the three Estates Cook 4. Inst of Par. the very first Leaf and Line and won't they believe their own Oracle co-ordinate assumed to themselves so much of the Legislative that they left out the Fundamental form by and with the consent of the Lords Spiritual and Temporal and Commons that the said Earl of ‖ Strafford's Bill of Attainder Strafford be adjudged and attainted of high Treason provided that no Judge or Judges shall adjudge or interpret any Act or thing to be Treason then as he or they should or ought to have done before the making of this Act as if this Act had never been made This piece of Paradox the Contradiction to Common Law Common Sense and Reason had all the Consents all the Concurrences that could if possible have made it truly Law and even his unhappy Majesties forc'd extorted Complyance But will any Creature that is barely distinguish'd from a Brute that can only offer at the mere privilege of his
against some Persons of that Perswasion that he acted as if he would have executed their very Religion * Vid. Burnet's Abr. hanging up some Carthusians even in their Habits and immured nine Monks in their own Monastery where they dyed This was it that so settled what they call Superstitious Worship that it survived the short liv'd Reign of the pious Edward and in Spight of all his providential care for it's exterpation run only like the Guaronne that Miracle of a River in one of their Climates of Popery if their Histories of their Country be not Legends too only through a little Province in silent darkness underground but rose again and that with greater rage in the next Region This good Kings Laws about Religion would never have been so soon repealed the Commons House never have been so forward as the * Barnet's Abridgm Cl 3. 229. Divine Doctor whom themselves have thankt for it does make them for the sending up a Bill for the punishing all such as would not return to the Sacraments after the old Service Had the Six Articles been but past by instead of being past into an Act they would have had no such Service to return to they would have been Strangers to Rome and it's Religion and tho they were repealed in Edward the Sixth's time his Fathers ratifying them made them take such root that his short Reign could never Eradicate that left so many Catholicks in the Kingdom that Commendone the Popes Legate might well come over to reconcile her Highness's Crown to his Holyness's See And here had not the Queen if such a thing could have been expected from a Sister of that Church so Zealous done much better had she refused the Bills of both Houses brought her for introducing the Pope's power and Supremacy your selves Seditious Souls reproach this Royal Assent with Reflections so scurrilous upon her Memory that the worst of Monarchs could never Merit and then only give but Loyal Ones leave to think that your Excluding Bill tho never so much the General Desires might have been as much cursed by posterity when it had entailed upon it Misery and Blood the common Consequences of a debar'd Right To come now after this Ecclesiastical point of the Church to that Civil one of the State that other thing this Lawyer Labors for the Descent of the Crown Shall the Peoples general Desires in this too terminate the Will of the Prince why then that Monster of Mankind as well as Monarchs did mighty well too to pass that Murdering * 1 Rich. 3. Bill presented by both Houses of Parliament to make good his own Title to the Crown by the Butchering of those Babes in the Tower for no less could be expected when it was once taken up by the Tyrant than their Destruction for the Maintaining it so that this Peoples Desires dispatch'd them in the Senate before ever they were strangled by Tyrril in the Tower Had it not been a much greater Honor to the Prince to have refused such a Barbarous Bill than turned Usurper and a Butcher for it's acceptance Had it not left a less Blot in our English Chronicle as well as upon the Nation less Blood ‖ 28. H. c. 7. Rast 4. Did not both Houses exhibite a Bill even for the making Elizabeth the best of their Queens a Bastard And does Mr. Hunt say this desire of the People too did mighty well to prevail as it always ought upon the King Did not that Royal Assent so blacken his Person and brought the Nations repute so low that the very Protestant Princes left him out of their League whom they had designed for its Head and look'd upon our England as a lump of Inconsistancy whom such Vnanimous Leaguers could not Trust And was it not in his Reign That a Zealous * This was the Opinion of Sir Thomas Moor too and the Brief History might have cited this too as he does another Opinion of this prevaricating Papist for his purpose Papist said It was the Parliaments Power to make a King or deprive him a fortiori then a Popish Principle to destroy or exclude his Successor But as bold as this Gentleman thinks himself when he dares to say Never any †Vid. Brief History p. 18. Burnets Abrig p. 313. King denyed to pass those Bills which the People pitcht upon to present 'T is none of his own Politick asseveration tho it be but a piece of Sedition It is no more than what a Seditious Senate ‖ Page 50. Vid. Declaration of Lords and Commons about the Kings Coronation Oath Parl. 41. told their King long agon A Senate that sate brooding on the pure Elements of Treason and of which Pryn himself was a principal Member A Senate that sowed so much Sedition in one age that all the Succeeding will hardly eradicate A Senate that sate drawing out the Scheams and Platforms of a Common-wealth A Senate that assumed to themselves indeed the Legislative the Nomothetical Disposition of the Law but they proved such a Confounded sort of Architects in the State that they drew a perfect plan a confus'd Ichonography for Rebels to build upon their Babel Those told us in plain Terms what * Hunt and Pryn. these more cautious Coxcombs insinuate with a silly Circumlocution That the King is bound by His Coronation Oath to grant them all those Bills their Parliament shall prefer And that they gather from their contradictory conclusion that bandy'd Banter they have Box'd about in both Reigns for almost these two Ages the ‖ Concedas justas legis esse tenendas c. Quas Vulgus elegerit Rot. Parl. H. 4. VVLGVS ELEGERIT I am sorry to find these Seditious Souls not only to want Sense but Grammar Lilly would have told them more of the Law and his Constrctuion and Concord made a better Resolution than their Coke upon the Case But as the People when they have got the Power will soon decide on their side the Supremacy so these Times did here assoon turn the Tenses and transfer the past Laws into the Future and 't is no wonder that those that did the Statutes of their Prince could dare to break the Head of a Priscian Is not the perfect Tense much more agreeable to Sense and Reason here than the Future The question is Whether it shall be meant of those Laws the People shall Chuse or have Chosen I won't object here Our Kings being absolute and compleat Monarchs without so much as taking such an Oath without so much as being * Coke 7. 106. 11. Calvin 's Case Watson Clarks 1. Jac. Coâ—e 7. fol. 30. Crowned which is the Time it is to be taken tho of that the Law has in several Cases satisfied the most Seditious and so resolved their silly Suggestion The resolution I shall give is the Strength of Reason and that must at least be as Strong as the Law Let it be but once allow'd That their
the fourth of this Edward was made more for this King's Satisfaction than the desires of the People and that from the sequel you 'll see they were not then clamoring for frequency of Parliaments when they were to pay for it too and have their Treasure exhausted with their Blood in frequent Wars He had drawn the Scots upon his back who in the War like their Old Parents the Picts were always ready to invade us at home when ever we attempted any thing abroad He had before him France in the Front to whom he was ready to give Battle And he perhaps presuming his Subjects might be loth to be convened for subsidies so often as such Exigencies must require might prudently get them to oblige him for such an Annual Convention which they must the better bear with when the result of their own Act and none of the stretch of his Prerogative 'T is true the 36. of his Reign is more expressive of the Reasons for which they should be called i. e. for the redressing of Mischiefs and Grievances but 't is evident that piece of popularity was more for the tickling their Hearts and then they might be soon brought to turn out their Purses and those he wanted then too tho in peace having begun to beautifie and enlarge his Castle of Windsor his best Delight as well as the place of his Birth And his soothed Subjects seconded it with such singular kindness that about that time such a three years subsidy was granted as they resolved should be no president for the * 36. Ed. 3. cap. 11. time to come and these Suggestions I submit to the light of any others Reason for the Politicks of that Old State can't be expected to be clear in History since even in Matters of Fact in many things 't is dark And such sort of Suggestions seem to sound and salve the Case much better than that forced Solution upon the very Letter of the Law their if need be or if there be Occasion For I am satisfied the Design of those Statutes was to determine their King tho' I doubt of their Force and that those Conditional Expressions must be Relative to their Antecedent Words more or oftner and so must be meant only of their being called inclusively more frequently within the Term. To leave now this learned Lunatick this distemper'd Body of Law and consider him under another Denomination that of a Divine and zealously discussing with a Rage unbecoming the calmness he professes as well as the Character of such a Profession the Damnable Doctrine as he would plainly prove it of the King 's Divine Right for he makes it the most * page 60 69 70 86 87 88 89. Mischievous Opinion the most Schismatical the Destroyer of every Man 's Right the Betrayer of the Government Monstrous Extravagant Papal Opinion Treacherous Impious Sacrilegious Destructive of Peace Pregnant with Wars produced our own Civil one and what is worse Plague and Famine and a Crucifying of Christ afresh A Black charge indeed for a poor Criminal that at first sight seems so White and Innocent He should have made it a Trojan Horse too for once for he has made the Belly of it big enough to hold an Army of Men or a Legion of Devils If this be the Judges manner of Trying his King 's Right he would have made a worse Chief Justice for deciding the Subjects I have heard of some Sycophants that have prov'd Wolves in Sheeps cloathing but here the Cautionary Text is turned inside out too and somewhat of the Lamb drest all in the grisly Garment of the Wolf And 't is like they had their Dogs ready to worry it too before they would discover the cheat I am sure if they won't allow this Doctrine to be Religious 't is so far from being Romish that it is utterly inconsistent with their Religion for the Doctrine of their Church attributes all the Divinity that it can to the Pope that presides in it makes him not only Infallible but supream over Kings and Princes and sure they may allow that those Romanists are as much concerned for the Popes Supremacy as Mr. Hunt for the Peoples for His Holiness has the help of Saint Peter to prove his Divine Right from his Succession to his Person and See tho he can't from His * His 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pet. 2. 13. Text. When whatever they would gather from that Apostle the Lawyers Popelings have nothing left to shew for theirs unless the very Charter and Grant of their King yet tho this Doctrine be as far from Rome as they think the Romanist from Heaven tho their Writers with Hunts own Brutish Rage have run it down tho it be so directly destructive of the Papal power still has this preposterous piece of paradox made it Popish and treated it almost in the same Language the †Fox Vol. 3. p. 515. zealous Prelate did their Romish Church and ‖ Vid. Dissenters sayings all the dangerous Dissenters do our own Wolves Thieves Enemies of Christ Brood of Antichrist Babylonish Beast Devilish Drab sink of Sodom Seat of Satan It is a pretty way of Confutation indeed in the very beginning of an Argument to beg the Question He takes it for granted from the Text of Saint Peter that Kings are but an Ordinance of man and then stoutly concludes that it is impossible that any that is of Man's appointment can ever be of God's Ordination to be presumptively baffled recommend me to such a Disputant And with that supposititious Triumph does as some think a Jesuit's Book de Jure Magistratuum enter the List full of Victory even before the Battle and this perverted Text in one of his Editions is turned into the Laurel and Lemma to Crown the forehead of that Impudent piece This is made the Goliah of those Philistins who not with their bulk alone but with the very Letter of the Bible and the Book of Life can defie the Living God for such a Construction upon Saint Peter by common sense can never be put for place this power of Ordaining Kings once in the Power of SVBJECTS and all the World can never hinder THEM from being too the SVPREAM POWER Was not this very Text actually turn'd up for the Supream Authority of the Parliament of England and was that too meant by St. Peter when in the very next Line he calls the King Supream Seditious Dolts do not make the Bible contradict it self tho your Books do does not this very Text take almost an expressive care to prevent even with providence such a silly construction and give a signal Signification where this Supremacy resides viz. in the King But to give these well read Rebels rope enough and let them stretch their Treasonable Positions as they ought their Necks I 'll plead for them and in that which can be their only Reply viz. That this Supremacy must be understood only to be in these Kings after they are
on whom it was Entailed before and with his 35th reinstated them both again and that both in Birth and Tail And lastly that of Queen Mary's Entail was by a biggoted House of Commons that brought in that very Popery they now so much and so vainly fear and were like to have Entailed their Religion and Laws to the Vassalage of Rome as well as the Crown to the Heirs of Spain And is this thy Loyalty Seditious Sycophant this thy Religion to bring us presidents for Rebellion from Acts of Parliament and the Statutes of Apostates for the Establishing Popery The ‖ 13. Eliz. 13. of Elizabeth is such an one too as none but a †Hunt's Postscript page 51. Defier of Sense could have design'd for Application It is apparent that it was a Design to Secure the Crown to Her the Right Heir and that tho by an Indirect means An Act which she doubted her self whether with all her Parliament she could pass but was assured all her Subjects would like it when it was done upon a double Design to Secure her Title against the Pope and the Pretensions of the Queen of Scots * Cambd. vit Eliz. Cambden the best Account of her Life makes it a Trick of Leicester's ‖ Besides had he Consulted other Books before he writ his own by what appears by Keeble Stat. that very Act is expir'd of no Force and so he has made himself a Knave in Fact as well as Fool in Application but let them Lye for it for once and raze the Sacred Truth of History and Record which the Law makes Felony even in their own sense it was enacted for securing a Lineal Descent to those that they thought the Right Heir But theirs would have been a Disinheriting of one they knew to be so It is Prodigiously strange to me that those that contend so much for this Parliamentary Power over the Succession of the Crown that this Judge Advocate for the Parliament * Postscript p. 71 72. Hunt himself that tells us plainly 't is not establisht by any Divine Right but is governed according to the presumed Will of the People that these Sycophants do not consider they do the greatest Disservice to that Honorable Assembly put the greatest abuse upon that Ancient and truly venerable Constitution they give the Lye to several Acts of Parliament made in the best of times and make those Legislators the worst of Villains or the greatest Fools or in his own phraseology Wicked Impious Sacrilegious for have not they in several Reigns by Special Act recognized even a Divine Right as well as an Hereditary In the first of ‖ 1. Ed. 4. Rot. p. n. 9 10 c. Edward did they not declare that their Soveraigns Title to the Crown was by Gods Law and the Law of Nature Did they not even to a Tyrant a Murderer one fit only to be the Peoples Creature whom no Nature or God did design for the Throne Did they not resolve his Right to be both by God and Nature ‖ Exact Abridg. fol. 713. Rot. R. 3. Tell me was it thought so Divine so natural so Sacred THEN even in the worst of Men and must it be impious Sacriligious in the best of Princes Did not their best of * 1. Elz. c. 3. Queens receive her Crown with a Recognition of it's Descent to be by the Laws of God And lastly look upon that of King †1. Jac. c. 1. James where with unspeakable Joy they acknowledge he Reign'd by the Laws of God And as * Posts p. 87. new as he calls the Doctrine for five hundred year agon both by Divines and Lawyers it was allowed of and maintained ‖ Gervasius Doroberbensis Coll. 133. 30. Gervase the Monk tells us it is manifest the Kings of England are obliged to none but GOD and †Bracton l. 4. c. 24. Sect. 5. Bracton that lived and wrote in the same Reign of Henry tells us their King was then only under God and will neither Law nor Gospel History Ancient and Modern Rolls Acts and Acknowledgements of Parliaments themselves satisfy them that they have nothing to do with the * Dr. Burnet tells us H. 8. declared upon a dispute about Ecclesiastical Immunity very warmly that by the Ordinance of God he was King Hist Reform l. 1. pt 1. fol. 17. Either the Dr. lyes or Harry the 8th or this Doctrine is not so new but 200. year old SUCCESSION Never could any Person that had not Proclaimed open War with Reason and broke all Truce with Sense suggest as he does that the difference between the Descent of the Crown and that of a Private Estate are Reasons for altering the Succession which is one of the best Arguments for it's being Vnalterable Does not the Law provide that but one Daughter shall succeed to the Crown and that for the Preservation of the Monarchy which must be but of one and no Co-partners of a Kingdom And so also the Son of a Second Venter to prevent the want of Succession shall be admitted to the Throne when he shall be Excluded an Estate His fancy of the Royal Families being Extinct and that then the Majesty of the People commences was long since the pretty conceit of Will. Pryn too In which they tell us as Pryn's Parl. right c. I 've told them before just as much as an old Aphorism When the Sky falls and spoil another good Proverb that No man dyes without an Heir But suppose what can be may be Would not all this mighty Constitution of Parliament be gone too when there was no Successor of a King to Summon it His * Postscr pag. 73. Majesty of the People might set up another Policy of Government they think if it pleased But would not their Majesty of the People find it more agreeable to Divine Institution to agree upon the same Government in another person in an Extremity for would it not be more agreable even to their own Interest to prefer that under which they had enjoyed so long such an Experienced Happiness since the Almighty does not Reveal himself as he did of old to Moses and the Prophets and bid them arise and Anoint him a King over his Israel But as Mr. Hunt's private Estates tho I know not with what equity a mere Fiction in Law robs a man of so much Realty are frequently recovered with fine at Common Law against the Right Heirs he won't pretend therefore sure a Parliament shall a Kingdom and a Crown against a Royal Successor His own Reason for it is the best Refutation for I say too the Crown is ‖ Postscr l. p. 72. Governed by other Rules than a private Estate and the Romans who were Governed by those Civil Sanctions that have since the whole World tho by those they had a Dominion over their Issues Heirs and Estates yet those will not grant even to Kings the power of Disenheriting their own
they are positive sure 't is Impudence as well as Capital perhaps to oppose And yet we see these Gentlemen of so little Law to Labour so much in a dispute that is only to be decided by it what Authority is the singular assertion of a Republican or a * pag. 21. Plato Redivivus that the House of Commons is the only part of the old Constitution of Parliament that is left us or the single sense of ‖ Tryal p. 23. §. 2. Mr. Sidney that the Senate of England is above its Soveraign against the form of the very first Act of State that remains upon Record the very †Magn. Chart. 9. H. 3. know ye that we of our mere will have given c. Chart. Forest 9. H. 3. begins also with a we will Stat. Hiber 14. H. 3. only a mere Order of the King to the Son of Maurice his Judge there the words we command you Witness my self Note that was even concerning Free-hold and a Case of Co-parcenary The Stat. Bisex 21. H. 3. tho concerning pleading and Common Law but an Order of the King to his Judges for the words are we ordain and Command you Stat. Assiza 51. H. 3. The King to whom all these shall come greeting de scacc the King Commandeth Charter these Democraticks adore against the form of the following one of the Forest and Consult but the Style of the Statute Book and all the Antient Acts down to Richard the Second and you 'll find not so much as one but what expressly points out in its Enacting part the sole power of the Soveraign by which it was Enacted all in these repeated Expressions of Absolute Majesty We the Kings of England of our free will have given and granted it is our Royal Will and Pleasure the King Commands the Kings Wills our Lord the King has establisht the Lord the King hath ordain'd And most of them made in the manner of Edicts or Proclamations as in the Margin will appear and tho 't is thought now such a piece of Illegality to be concluded by an Order of Council and even his Majesties late command for the Continuance of the Tunnage and the Resolution of the Judges about that part of the Excise which expir'd has by some of our murmurers been repin'd at tho by all Loyal ones it was as chearfully assented to and as punctually paid yet they shall see that the People heretofore paid such a deference even to an Edict of the Prince that they nearly rely'd as much upon it as the Romans did upon their Imperial Institutions who as I before shew'd lookt upon it as a crime like to Sacrilege but to disobey And this will appear from an †31. Hen. 8. c. 8. Stat. Mert. 6. The King our Lord providing hath made these Acts 2d Inst p. 101. Westm 1. 3. Ed. 1. 1. The King willeth and commandeth Stat. Gavelet even of altering the writ which they say can't be done but in Parliament Enacted by the King and his Justices 10. E. 2. Stat. E. 3. several say we will we ordain so also several R. 2. Act of Parliament in Henry the Eighth's time which provided H. 8 that the Princes Proclamations should not be contemned by such obstinate Persons and oppos'd by the willfullness of froward Subjects that don't consider what a King by his Royal Power may do and all that disobey'd were to be punisht according to the Penalty exprest in the Proclamation and if any should depart the Realm to decline answering for his Contumacy and Contempt he was to be adjudg'd a Traytor and tho the Statute limited it to such as did not extend to the Prejudice of Inheritance Liberties or Life yet the King was left the Judge Whether they were Prejudicial or not and these Kings Edicts by this very Act were by particular Clause made as binding as if they had been all Acts of Parliaments and that it may not be said to be an Inconsiderate and Vnadvised deed of the Parliament to give the King such a Power tho 't is hard to say so of a Senate whom the * Coke 4. Inst c. 1. Parl. writ that convokes them says they are call'd to deliberate To avoid that imputation I must tell them it was very Solemnly a Second time Confirm'd again within three †34. H. 8. c. 25. years after and by that Power given to nine of the Kings Council to give Judgment against all Offenders of the former and tho this was repeal'd in the following Reign of King ‖ 1. Ed. 4. c. 12. Edward a Minor and almost a Child A time wherein notwithstanding there is such a woe denounc'd against a People that have such a King the Subjects seldom fail of Invading something of the Prerogative yet still we see â—ho the Law be not now in force plain matter of Fact that there was once such a Law that our Kings Proclamations were once by express words of the Statute made as valid as the very Act of State it self that made them so that the Judicial Power of the Prince was heretofore less limited and that their Libels Plato Rediv lye as well as their lewd Tongues when they tell us and would have us believe That none but our late King as tell as the present ever pretended to so â—uch of Prerogative or had more allow'd â—â—em by the Laws And let any one but leisurably examine as I have particularly the several Acts of each King's Reign and he 'll find that from this Richard the Second to whose time the Stile of the Statutes as you see was in a manner absolutely Majestick down to King Charles the Martyr That the form 1. H. 4. H. 5. H. 6. Ed. 4. Rich. 3. even all those are pen'd in such Words as will exclude the Commons from being Co-ordinate and so much concerned in the Legislative as these popular Advocates have pretended to persuade us their People are for even they all run either in this form The * King with the Advice and Assent of his Lords Spiritual Then begins the other 1. H. 7. H. 8. Ed. 6. Q. Mar. Q. El. Jac. 1. and Temporal at the special Instance and Request of the Commons or The King by and with the Assent of his Lords Spiritual Temporal and Commons and as if the past Parliaments themselves would have provided againsâ— the Seditious Sophistry of a future Age which they could hardly be thought to foresee since it savors so much of almost unimaginable Nonsense and Sedition aâ— if our Ancestors had feared least some of their profligate posterity seduceâ— with the Corruptions of a Rebellionâ— Age should impose upon the Prerogative of the Crown with any such Subâ—â— Insinuation of their King 's making be Wil. Pryn's Power of Parliam one of the three States and by Consequence conclude as they actually did that the two being greater than him alone could be his Judges and their own Soveraign's Superiors why to
as repugnant to our Nature as that praeternatural Coition of Matter for have we not all the Laws of our Land on our side and that besides Sense and Reason to whose determin'd sanctions even those themselves must submit for I look upon our Argumentative reasoning in such matters to be somewhat like Belief which all our Learned in the Metaphysicks will allow to determine it self upon demonstration and Commences knowledg'd and a science and so must our Positions at last in the Politicks no longer pass for indifferent Notions or disputable Opinions when they come once to be ratified by some supream Establishment or unquestionable Authority for as the result of demonstration is some Theorem or Postulate that requires our assent so are the Sanctions of the Supream power some Statutes or Laws that Command our Obedience as the one is prov'd so the other Enacted and let any one Judge from the several we have cited or any single Act themselves can cite whether all and every one do not expressly assert or absolutely imply the Soveraign so far from being the Servant of the Subject or the Peoples Creature that they many times maintain him to be ‖ 16. R. 2. c. 5. under none but God and in all places acknowledge him above all the People and is not the absurdity on their side and a Contradiction even in Terms when they contend for the contrary And as that Author of the Right of the Magistrate and the like writings of the most Eminent Republicans led on and seduc'd Mr. S. in some Points so has also his predecessor or Co-eval for I think they liv'd in an Age W. Pryn imposed upon him in others and I am sorry to â—ee Mr. S. that valu'd himself upon his parts â—o rely upon that which that pest of the â—ress plac'd so much confidence in and that are the words of * Deum Legem Parliamentum Bracton where he says as Mr. S. would have it God the Law and the Parliament are the Kings three Superiors But even Pryn himself the perverter of all that was not for his purpose does not deal so disingeniously as this Gentleman in the Case for he recites it more Exactly as it is in Bracton which is the Kings Court instead of the Parliament which in the time that Antient Author writ very probably consisted only of his prelates and Lords so that if granted them Pryn's Commons and Mr. S. his People of England â—re not comprehended in the words of â—hat old writer and then besides it is the opinion of some that those words the Laws and the Kings Courts were not originally in the writings of that Loyal Lawyer who in several other places of his works carries up the Divine Right of his King and that absolute Power of his Prince as high as any of the most Modern whom ‖ Postscript Mr. Hunt has represented and libell'd as first introducers of this new Notion this dangerous and damnable Doctrine for that grave Judge for above 4 or 5 hundred years agon told us our †Hen. the 3d's time Bracton lib. 4. cap. 24. § 5. Rex sub nullo nisi tantum Deo and l. 5. tract 3. non habet superiorem nisi Deum satis habet ad paenam quod DeuÌ„ expectat ultorem King was under none but God that he had none above him but God and that he had God alone for his Avenger and it seems some what Improbable a person of his Loyalty and Judgment should not only detract from the Supremacy of his Soveraign which he seems so much to maintain but also in direct opposition to what himself had asserted and besides were they the sense as well as the words of that Author they are only true as I have before shown when they are taken collectively in a complicated Sentence and so seems a sort of Sophistry which the Logical heads call a fallacy in Composition But yet from that does Mr. S. conclude That the power is Originally in the People and so by Consequence in the Parliament only as they are their Representatives For my part I cannot Imagine thâ—â— Gentleman's large Treatise to be any thinâ— else but a Voluminous Collection of aâ—â— the Rebellious Arguments that were publisht in our late War for as in this little fiftieth part of it as he professes it to be Paper at his Execution there is not one new Notion but whâ—â— â—â— to a Syllable the same with the Papers â—â— Pryn and the Merc. Politicus out of â—e Author of the Treatise of Monarchy â—s he made a shift to borrow or else â— chance very harmoniously to agree â— the pernicious Position That our â—onarchy is not only Limited and Mixt for that wont content them alone but that this Limitation has oblig'd the Sovereign to be Subject to the Judgment and Determination of Parliament for says that more Antient Antimonarchist this Limitation Treatise of Monarchy p. 12. being from some body else and the â—ower confer'd by the publick Society in â—he Original Constitution of the Government and then he bethinks himself that Kings too may Limit themselves afterward by their own Grants and Concessions which he is pleased to call a Secondary â—â—iginal Constitution i. e. if my little â—â—nse will let me Comprehend the saying â— a Politician that has none at all someâ—hat like a Figure in Speech the Country-man calls his Bull us'd when the Speaker can't express himself Intelligibly A Secondary Original sounds not much unlike the Nonsense of an Original Coâ—y or a second first yet from this senseâ—â—ss Sophistry it must be concluded that â—e Soveraign being limited by this Original Constitution or as they call it Aâ—ter Condiscent and Secondary Origâ—nal what then therefore every Maâ— Conscience must acquit or Condemâ— p. 17 18. Imperium etsilatissime ex lege Regia propter August latum pateret certis tamen limitibus desinitum de jure magist p. 29. the Acts of his Governour and even man has a Power of Judging the Illegâ—â— deeds of his Monarch And so Mr. S. â—â— almost the same Language As a man hâ— is Subject to the People that made hiâ— a King That he receiv'd the Crown upon condition and That performance is â—â— be exacted and the Parliament Judgeâ— of the Particular Cases arising thereuâ—on I cannot but observe to this Geâ—tleman upon this who was always such â— great admirer of the ‖ So the Roman Senate when Augustus was not so much as present freed him from all obligations Romans Commoâ—-wealth what I hinted before was thâ— Sense of the very Romans when according to their own Notion of Original Monarchy the People of that Commoâ—-wealth first conferr'd their Power â—â— Government upon a single Soveraign why their very Laws tell us That noâ—withstanding those Contracts and Limitations of which there were very likeâ— some exprest even in that their very Câ—lebrated and Glorious * The Lex Regia princeps legibus solutus
Murmering since there has been none alter'd or destroy'd but what has been by Inquiry of the Kings Quo Warranto or their own Act of Resignation yet sure if the Common Law did not favour the King in this Case Common Equity would since those Priveleges were but the very Grant of his own Ancestors But if we must consider nothing but Mr. Sidney's Original Power and Right and all that lodg'd in his good People of England it may be their Birth-right too to Rebel they may and must Murder their Monarch and that by their own Maxims when they think him not fit to Govern or Live I have heard it often said that the Members in Parliament represent the people and for that Reason are call'd their Representatives but if this Original Power which is delegated to them upon such a Representation must Subject their Soveraign as Mr. S. will have it to â—hese his Judges of the particular Cases â—rising upon such a Subjection then â—hey must e'en represent their King too and every Session of Parliament that he Summons is but an unhappy Solemnity whom himself Assemblies for his own deposition if such positions should obtain 't is those that indeed would make the Monarch fearful of Parliaments and not those idle Suggestions of Mr. ‖ posts p. 92. Hunt that the Weekly Pamphlets were endeavouring to make him forego them and it was this very opinion that promoted the last War which he would not have so much as mention'd Lastly if this Original Power of the People be delegated to their Representatives this People that did so Communicate it can at their pleasure * Quia qui mandatam Jurisdictionem suscepit proprium nil habet sed ejus qui mandavit Jurisdictione utitur Zouch Elem. pars 5. § 4. recall it â—nd exercise it themselves for that is esâ—ential to the Nature of a Communicated Power for upon supposition of the peoples having such a Power it would be of the same Nature that their Kings is for Power of Supremacy wherever it be lodg'd is still the same and you see that the Power which the King has is often Commission'd to the Judges in his several Courts of Justice and yet I cannot see how his Majesty by Virtue of such a ‖ Quamvis more majorum Jurisdictio transfertur meruÌ„ Imperium quod Lege datur non transit D. 1. 21. 1. Commissionating of his Servants does Exclude himself from the Administration of those Laws that he has only allow'd others to Administer or from a recalling of that power to himself which he has only delegated to another for 't is a certain Maxim in reason that whatsoever Supream does empower others with his Authority does still retain more than he does impart tho I know 't is a Resolution in our * Coke 4. Inst c. 7. p. 71. Law Books that if any one would render himself to the Judgment of the King it would be of none effect because say they all his power Judicial is Committed to others and yet even they themselves will allow in many Cases their lies an Appeal to the King But what ever was the Sense of my Lord Coke in this point who has none of the fewest Faults and failings tho hiâ— Voluminous Tracts are the greatest easâ— and Ornament of the Law his resolution here is not so agreeable to Commoâ— Equity and Reason therefore I say it reason it must follow That Mr. Sid. people having but delegated their Power to the Parliament still retain a power of concurring with preventing or revoking of that power they have given but in charge to their Representatives and if so then they can call them to an Account for the ill exercise of that power they have intrusted them with set up some High Court of Justice again for upon this very principle the last was erected not only for the Tryal of their King but for hanging up every Representative that has abus'd them as they are always ready to think in the excercise of that Original power with which he was by his Electors intrusted these sad Consequences which necessarily flow from this lewd Maxim would make their house of Commons very thin and they would find but few Candidates so ready to spend their Fortunes in Boâ—ough Beer only for the Representing of â—hose that might hang them when they came home upon the least misrepresentation of their proceedings and these sad suggestions of the sorrowful Case of such precarious representatives are infallible Consequences from the very words of our Republican even in those very Arguments that he uses for the subjection Tryal p. 23. of his King for if his King as â— man must be Subject to the Judgment oâ— his People that make him a King sure he cannot be so Impudently Immodesâ— but he must allow his Members of Parliament that are much more made bâ— them by Continual Election and the very breath of their Mouth to be as mucâ— accountable to their Makers for if â—â— should recur in this Case as he has no other refuge to the Peoples having excluded themselves from this Originaâ— Power once in themselves by conferring it on their Representatives theâ— farewel to the very Foundation of thaâ— Babel they would Build and Establish then they fall even in the fate â—â— their aspiring Fore-fathers fall by the confusion of their own Tongues anâ— like the rearers of that proud Pile thaâ— would have reacht at Heaven and the Almighty as these at his Anointed anâ— the Crown For certainly by the same Reason that they cannot Judge and Punish thosâ— whom they have Commission'd to represent them because they have delegateâ— and transferr'd to them their Originâ—â— power by the same Argument and that a fortiori have they excluded â—hemselves from their natural Power of â—eing Judges of their King because they â—ave conferr'd upon him the SVPREAM Neither can they help themselves here with their Imaginary and imply'd Conditions upon which Mr. Sidney says our Soveraign must be supposed to have first accepted his Crown For there never was any Representatives yet elected but as many Conditions and Obligations â—re implyed and supposed and by the same Reason must be required and exacted such as the serving their Electors faithfully the representing of their just grievances the promoting the Interest and profit of the place they serve for and if Mr. Sidneys good People must be Judges of the Violation of any of these Trusts as they must by the Maxims of their own making then the Representatives and the poor Parliament fare as bad and fall in the common fate of their King into the fearful Sentence of Mr. Sidney's own Words That Performance will be exacted and revenge taken by those they have betrayed And for to show them that my Conclusions are grounded upon matter of Fact as well as Sense and Reason and not like their lewd Arguments upon nothing but some Factious Notions and Seditious Opinions I desire them to consider whether they
destroyed because some Persons can maintain another no more than the Systeme of Plolomy was presently False only because Copernicus had invented his for True for the bare contradiction and Clashing of positions convinces no more than the giving the Lye but when it is prov'd upon them in one that even from their own Principles and Premisses they cannot draw the very Conclusion they design as it was since in the other that from their own Hypothesis they could not solve all the Phrases and Phaenomenons themselves would make to appear then certainly they must allow that themselves are in the wrong tho they will not Confess their Foes in the Right And now having at lenght examin'd their Original Power of People let us a little consider how long and from whence our Kings have had their Original If we must make words only instead of an Argument and cavil about an Idiom in Speech as sâ—me of their critical Contenders about this Origen of Kings have very vainly and as Foolishly quarrel'd at then we must consult our Dictionaries and the Dutch Tongue for without doubt till the Saxons settled here they had some other appellation and were only from them call'd Konyngâ— and since Kings but if we consider the Nature of the Government it is that which from the Greeks we call Monarchy which from its own Etymology best signifies and expresses the Sense that it bears which is the Governing part and the Supream power plac'd in the sole hands of some single Person and then the Queston will be only this how long that has obtain'd in the World by whom first instituted and in whom it first commenc'd For the first 't is undeniable that its Original was with that of the World and God himself gave it by the Name of * 1. Cen. v. 28. Dominion to his Adam he had Created which in express Terms was given him first over all the Living Creatures and then over thâ— product of his own Loins his Wife anâ— 4. Gen. v. 7. after that as if Providence did desigâ— to prevent the dispute about the Precedency of Primogeniture it gave in express words a Superiority to Cain that the younger should be in some sense his Subject that to him should be his deâ—â—re and that he should Rule over him from whence it was assoon Communicated to the Several Heads of the Families that were the product of their Loins and so succeeded in a sort of subordinate Government according to the Antiquity of the Tribe or Family That this was then such Authority as we now call Kingly is both nonsense to assert and as great a Folly for any to require that we should maintain for they may as well quarrel with us when we say there were Kings of Israel and Judah and yet cannot prove that there Courts and Revenues were as Stately and Great as now they are in England and France 't is enough if the Government of those Primitive times was but Analogous to what we call Kingly now And now that we have brought it both to a right of Primogeniture and a Paternal Right from whence will result the Divine we 'll consider what it is Mr. Sidney and his Advocates can say against it and see if there be any such absurdities in it as they more Seditiously then with any Sense and Reason suggest first for the right of Primogeniture that themselves will allow but 't is only because not able to contradict and besides as they imagin it makes for them and their Cause for by that course of descent they think our Asserters of a Divine right are oblig'd to deduce their Pedigree of their Kings form the Creation of the World in a right Line and therefore Mr. ‖ Vid. Paper at Execut Sidney says that such a supposition makes no King to have a Title to his Crown but what can deduce his Pedigree from the Eldest Son of Noah But for that absurdity which is truly their own by supposing it ours when it can't be truly deduced from the Doctrine and defence of a Divine Right we shall answer anon when we come to treat of the Paternal That Primogeniture had the Preheminence in the very Worlds Infancy if we do but believe the word of God which tells us that himself told Cain he should Rule over his younger Brother we cannot doubt of the truth of it besides Abraham's being a Prince and having a Precedence to his Brother Lot is also there recorded and Esau ‖ 25. Gen. v. 34. selling of his Birth-right Condemn'd as a Contempt of that preheminence to which God and Nature had prefer'd him and which himself only disposed of when he presum'd he was upon the point to dye and for his disregard of this Priviledge was he punisht too in the prevention of the * C. 27. Blessing and which is perhaps the only Instance in Sacred writ where a Lineal Discent and the Succession was interrupted and this too only occasion'd by his own Act. ‖ And we are expressly told the first born must not be disinherited no not for Private Affection Deu. 21. v. 15. If a man have two Wives the one hated the other lov'd and the first born be of her that was hated he may not make the Son of the belov'd first born before the Son of the hated that is indeed the first born but must give him a double Portion because the beginning of his strenght and the Right of the first-born is his vers 15 16 17. And that God himself did appropiate this precedency to the first-born may be gathered out of all the History of the Old Testament the only account that is extant and from which Authors gather all the Authentick Relation of the two first Epooches and most Memorable Periods or Intervals of time viz. That from the †First Period contain'd An. 1656. 2d 1518. SecunduÌ„ Intervallum a Varrone Mythicum appellatur Creation to the Flood and from the Flood to the first Olympiad i. e. to Ann. Mund. 3174. for the profane History of those times is accounted Fabulous and by Historians call'd so and from those Sacred Oracles it will appear that all their Kings of * So Jehoram succeeded his Father Jehoshaphat tho he had several younger brothers Chro. 21. v. 2. And after him Ahaziah his young Son because says the text all the Elder were slain Ibid. Chap. 22. v. 1. Which implies that they had succeeded if alive by Birth and Primogeniture Israel and Judah succeeded according to this Right of Primogeniture or where that fail'd by ‖ Numb 27. v. 9. Proximity of Blood And as the Almighty Countenanc'd such a Succession So does Nature it self which among Heathens was distinguisht from the Deity and may be so amongst Christians too if they consider it as the Work and Order of the Divine will for if she shall decide it she presumes the Eldest in years to be always the wisest too and 't is not Nature but a
Prince but were they the worst of Men that officiated in Publick Administration under their King such Republicans have the least reason to find fault when always in their Usurpations the greatest Fools aswel as Knaves have been commonly preferr'd What more Illiterate Blockheads did ever blemish a Bench than some of those that sate upon it in our Rebellion and for that consult the Tryal of Lilburn they Arraigned where you 'l find a clamorous Souldier silence and baffle them with his Books and invert the Latin Aphorism in a litteral sense by making the Gown yield to the Sword And for their Villany let Bradshaw alone And for that only be the best of Presidents The very Beggars and Bankrupts of the Times that bawl'd most for Property when they had hardly any to a penny or a pin were set up to dispose of the peoples Fortunes and Estates Princes as they are above all Men so generally make those their Ministers that excel others in Desert or Vertue because their persons are to be represented by them And they may aswel imagine a King would croud his Courts with Clowns to shew his Magnificence as fill his Judicatories with Fools or Knaves to distribute his Justice 'T is * Qui aliquod munus gerere debent virtutis habita ratione eliguntur Maecenas Orat. pro Monarch enough for an Oceana an Oliver or a Common-wealth to set up such ridiculous Officers Brutes beneath the Ass in the Apologue that will not so much as be reverenced for the Image they bear but even the best of Common Men whenthey are rais'd to some supreme Government prove like Beggars on Horse-back unable to hold the Reins or riding off their necks the wisest in their own ordinary administrations prove but foolish Phaetons when they are got into the Chariot set all in combustion and confusion The not being born to Govern or educated under the Administrations of a state makes them either meanly submissive in the midst of their Grandeur or insolently proud of their Office which renders them as ridiculously Great whereas Princes from an Hereditary VERTUE that consists alway in a MEAN or their nobler Education that instructs them in the Mode preserves them too from running into the sordid absurdities of such Extremes Many of such like preferable Conveniences might be reckoned up that make a Commonwealth less Eligible but for Confirmation of it it is better to have recourse to matter of Fact When did their Rome ever flourish more than under the Government of their Kings by that it was * Vid. Tacit l. 1. p. 1. Lucius Florus p. 1. Founded by that it was most Victorious and with that it alway fell Romulus himself first gave them their Religion and their †Lact. de fals rel l. 1. c. 22. God as well as the Government and with the assistance of his Numa brought them to observe some Ceremonies which the Trojans had taught them under whom did their City Triumph more both in fame riches tranquility and ease than under the Empire of Augustus And one would think that when the Controversie upon his coming to the Crown was then in Debate it should have been decided by the two famous Wits of their time in their Dialogue Maecenas and Agrippa It was submitted to their determinations and we see what was the result A MONARCHY Vid. Orat. Maecenat pro Monarch And that prâ—ferency of this most excellent Institution themselves most evidenced when upon all Exigencies and Difficulties they were forc'd to have recourse to a Dictator whom all Writers agree to have differ'd only from a King in the found of his Name and the duration of his Office the very Definition ‖ Dictator quoniam dictis ejus totus parebat populus Rom. Antiq. p. 170. of his Name implying that all were bound to obey his Edicts he had his Magister Equitum an Officer in effect the same with the Praefectus Vrbis which under their King was his Mayor And after that rash Rebellion of theirs against Royal Government after so many Revolutions of Tribunes Triumvirs Quaestors Aedils Praefects Praetors and Consuls were never at rest or quiet 'till they were setled again in their Caesars Themselves know best what the Sedition of Sylla and Marius cost them how many lives of Consuls and Senators besides the blood of the Commons Let them consult Plutarch and see the bloody Scene of Butchery and Murder Pray tell me mighty Murmurers in which was your Rome most bless'd or suffer'd least with the bloody War between Caesar and Pompey or the settlement of it in Julius himself Did it not bleed and languish as much with the Civil Wars of Augustus Antony and Lepidus as it flourish'd when reduc'd to the only Government of Octavius And would it not have been much better had those succeeding Emperors been all Hereditary when we find that for the most the Multitude and Soldiers were the makers and setters up of the bad and the destroyers and murderers of the best 'T is too Otho Vitellius Heliogab they set up Alexand Aurelianus Probus they murder d. much to tell you the story of our own Chronicles as well as their Annals how happy our Land was for a long time in a Lineal Descent of Hereditary Kings how miserably curst in the Commonwealth of England what blood it cost to establish it what Misery and Confusion it brought us when unhappily establish'd And as an Argument that the Romans flourish'd most under those Emperors see with what Veneration their Imperial Sanctions speak of their power they make it * Sacrilegii instar est c. C. 1. 23. 5. Sacriledg to disobey it they made the very memory of those that committed Treason against them to be rooted out the very ‖ Quisque vel cogitavit C. 9. 8. 5. Thought of it they punish'd with as much severity as the Commission all his Children Servants and whole Family were punish'd though unknowing of the Crime They punish'd those with the same severity that Conspired against any Minister of State because relating to the Imperial Body and that if they did but think of destroying them and even those that were found but the movers of †Ibid. Sedition were Gibbeted or Condemned to their Beasts And as Dig. 48. 19 38. those Laws made all the Sanctions of all Princes Sacred and Divine so do our * 33. Ed. 3 10. H. 7. 16. own declare the King capable of all Spiritual Jurisdiction in being Anointed with Sacred Oyl by which they give him all power in Ecclesiasticals too to render his Person the more Venerable and call the †Coke Litt. Sect. 1. fol. 1. B. The Possessions of the King are call'd Sacra Par trimonia Lands of the 1 Inst King like the Patrimony of the Church Sacred Prince and Priest were of old terms Synonimous and signified the same thing The Jews and Egyptians had no Kings but what exercised the Offices for a long
time of the Priesthood too with which they then alone made the Monarchy mixt and of this even * Justin l. 16. 36. Justin can tell us in one of his Books And for making their Monarchy more Divine did Romulus and Numa the Founder of their Religion as well as of Rome Officiate in it sometimes too So much did the Fathers of old prefer Monarchy to a Popular Government that Sir Walter Rawleigh Praestat regem Tyrannum habere quam nullum p. 182. tells us of the saying of St. Chrysostom that recommended even a Tyrant before no King at all and that is seconded with a Sentence of Tacitus who tells us If the Prince be never so Tacit. Lib. 1. Praestat sub malo principe esse quam nullo wicked yet still better than none And for that of a Commonwealth it was as bravely said by Agesilaus to a Citizen of Sparta discoursing about Government That such a one as a common Cobler would disdain in his House and Family was very unfit to Govern a Kingdom In short all the Presidents that Mr. Sidney has given us of the Romans driving out their Tarquins of the French rejecting the Race of Pharamond of the Revolt of the Low-Countries from Spain of the Scots killing James the Third and Deposing Queen Mary are all absolute Rebellions were ever Recorded so in History and will be Condemned for such by all Ages He should have mention'd for once too the murder of our Martyr'd Sovereign for to be sure he had the same sense of that upon which he was to have sate But if any thing can recommend their Commonwealth it must be only this That it cannot be so soon dispatch'd it being a Monster with many Heads to which Nero's Wish would not be so cruel That it had but one neck to be cut off at a blow The clamour this Republican made against Monarchs in general was whatever he suggests appli'd to our own in particular when he tells in the very same Page of the Page 23. Power of the People of England and though he exclaims and all others do against this Arbitrary Power of Kings 't is certain themselves would make the People as Arbitrary The Question is not whether there shall be an Arbitrary Power but the Dispute is who shall have it there never was nor ever can be a People govern'd without a Power of making Laws and that Power so long as consonant to reason must be Arbitrary for to make Laws by Laws is Nonsense These Republicans by confession would fix it in many and the Multitude in Aristocracy 't is fix'd in a few and therefore in a Monarchy must be setl'd in ONE CHAP. VI. Remarks upon their Plots and Conspiracies AND now that they may not think I have foully Libell'd them in a Misrepresentation of the dangerous Principles of their Republicans I 'll be so fair as to prove upon them too the natural product of their own Notions and that is the Plots of the same Villains assoon as they have been pleas'd to set up for Rebels And these will appear from Chronicle and History the Records of Time and the best Tryers of Truth these will not be falsified with Reflection but be founded upon matter of Fact And of these this will fall in our way as the first About the Year 1559 there was promoted in France a Plot and Conspiracy against their King and that founded upon the same pretext so many of ours have been of late in England that is Religion but truly fomented by what has been always the spring the very fountain of Blood and Rebellion discontent and disgust toward the Government For upon the death of Henry the Second and the Succession of Francis his eldest Son to the Throne the Princes of the House of Bourbon thinking themselves neglected and despised thrust out of Office and Employment at Court and finding the Family of the Guises still prefer'd whom they always as mortally hated resolved to revenge themselves upon the Crown that is to turn Rebels Of these Vendosme and Conde were the principal Engagers and drew in the two Castillions the * Gasper de Collign Mr. D' Andelot Admiral and his Brother who for the removal of the Duke De Montmorency their relation from that Court to which he had prefer'd them were as full also of resentment against the Crown as those that came to engage them with an invitation to invade it and after all their several seditious Assemblies after all the many Meetings they had made after all the Treasonable Consultations they had held no design was look'd upon by them more likely to prove effectual than the making themselves Head of the Hugenots And so hot were they upon this Project the pursuit of another kind of Holy War that among our modern Crusadoes has been nothing else but a Religious Rebellion that notwithstanding the coldness of the King of Navarr they drew in most of the Protesting part of France to be truly Rebels for the sake of their Seducers while they made them believe they had only engag'd themselves to fight for the Religion of those they had so wickedly seduc'd And so conducing then were the principles of a Republick to a Rebellious Plot that one †Alias Godfry de la Bar. Renaudie that was forc'd to turn Renegado to his Country for Misdemeanors committed in it and fled to Geneva as a Sanctuary for Sedition after he had lurk'd there like a concealed Criminal abroad upon his Return sets up for an open Rebellion at Home after he had layn so long in the lake the sink of Democracy you may be sure was well instructed how to resist a Monarch He soon blows the coals that could easily keep up the Blood of the warm Princes that was already set so well a boyling Him they pitch upon as the fittest tool to work out their design and in my conscience coming from that Common-wealth the Statsemen judged not amiss when they took him for an able Artist With his help and their own it went so far that Moneys Men and Amunition was provided and a Petition drawn for a Toleration of Religion though indeed but a Treacherous veil to cover their Intended Treason which was to seize upon the Young King upon his denyal of what they knew he would not grant surprize the Queen that still opposed them and put the Guises to the Sword whom she favoured But the Court being advised of the Conspiracy had retired to the Castle of Amboise and so far did they prosecute their Plot that their Petitioners were admitted into it though their Arm'd Accomplices that were without were compelled to fight for their Lives which Renaudie with the rest of the Ring-leaders of them lost and the Rabble to save theirs was forc'd to fly * To renew another about the end of this unhappy War were publisht those Treasonable Tracts De jure Magist Brutus his Vindiciae With another as pernicious a piece
have wisht a Fellow that had the Misfortune which he call'd Happiness to carry War and Confusion wherever he went We had several Protestants of our own Nation fled from a real Persecution of ou◠Zealous Queen to * Vid. Troubles at Frankfort Edit Ann. Dom. 1642. Frankfort a Town in Germany and there lived quietly with submission toward the Supream Magistrate till this Geneva Gentleman no sooner arrived but he sets all i◠Combustiom is accused of High Treason toward the Emperor for comparing him in Print ‖ Sanderson's History of King James p. 15. in some of Mr. Sidney's Similitudes to a Tarquin Nero Caligula for which he was forc'd to fly the Town and Post away to what could only bear with as well as breed such Vermin the Lake or their Commonwealth of Italy About the Year 1558 the Queen Regent of Scotland when the Reformation was but in the beginning as a special Act of Favour for so it must be call'd because then not only contrary to her own Religion but the Law of the Land allow'd the Congregators which were Conventiclers then too as well as now because the general Worship establisht was not theirs the Bible in their own Language But they no way contented with an Act of Grace from the Crown and Instigated by this Incendiary this Scandal of the Reformation Knox that had taught them they might Demand with their Swords what was deny'd them by Law fell a reviling her even for such a signal favour and when she sent for some of the more furious of the Faction they came all attended with a multitude of Favourites and Force that for her Preservation she was compell'd to Command them to depart And the best of Governors might well fear the worst from such an audacious Assembly but this was so much the more offensive to them only because they were Commanded to offend her less that they throng'd into her Privy Chamber threatned her with their Arms till she was constrained to pleasure them against Law And as they then menac'd a Force so they afterward made it good with as much violence for away they went pulling down Monasteries and * St. Andrew's Scone Sterling Edenburg c. Spotswood pag. 123 124. Churches and seconding their Sedition with what could only succeed it Sacrilege that is from Traytors to their Soveraign to be Rebels to their God And this by that Sanctified Beast that invited them to debase themselves to Brutes to be divested of Humanity was call'd a Purging of the Temple as if our Saviour Christ had countenanced an Extirpation of the Religion of some Christians But though the Queen at last granted them the free and publick exercise of their Religion though at last she only begg'd the private use of her own that was by such Seditious Subjects thought a boon too great to be begg'd by their Soveraign they Protest against it Preach against it Print against it and Assault her House of Worship break the Wax Candles with the Windows of her Chappel force their Queen Regent to fly to Dunbar and then as fairly Depos'd her for being fled though at the same time they profest against her Deposition And if we 'll believe a Loyal and Learned * Sanderson p. 31. Author they proceeded so far in their petulant piece of Reformation that they Religiously Reform'd the very Petticoats of the Queen and the Ladies of the Court which they look'd upon as too fine for the plainness or simplicity of the Kirk How near our present Pretenders that have taken Arms for the Protestant Religion will tread in the steps of their Reforming Predecessors must be Collected from the Precedents they give us of their being but Implacable Republicans especially when we have nothing now to be Reform'd unless what they deny'd to the Grandmother of our present Soveraign that their King himself shall not be indulg'd to exercise by himself the Religion he professes at the same time he Protests to defend all his Subjects in the establish'd Profession of theirs The Actions of the late Rebel Scot of the last Age they say squinted like their Argyle that headed them working one way when they profest to design another and they might have had as much reason to distrust the Promises of his late Declaration the Sincerity of his Son that succeeded him even in a Rebellion In the Year 1565 when the Queen of Scots was married to Henry Stewart Lord Darnly The Rebel-Lords instigated from the Preachings and Principles of this Knox the Ferguson of his Age who rail'd at the Government and reflected upon the King be took themselves to Arms and brake into open Rebellion Lord Darnly upon this Match being proclaim'd King marcht against the Rebels who fled into England and though through Intercession this Rebellious Business was Reconcil'd yet within two Years after the King was barbarously Butcher'd and Dispatcht but by whom because their Historians do not agree in it can be only best determined by Conjecture and must probably lye at their Doors that could Rebel against their Sovereign in an open War and then sure as likely to set upon Him in a secret Assassination especially when their Principles instructed them in both and their Preachers had made the Murder of their King an Oblation to their God And besides when they rebell'd also against Bothwell the Queens second Husband too as well as the first whom they forc'd to fly into Denmark seiz'd on the forsaken Queen secur'd her in an * Isle of Lochlevin Island compell'd her to resign her Crown and if we 'll credit an Authentick * Sanders History of K. James pag. 52. Historian were not so well satisfied with her Resignation of her Sovereignty but that they consulted too to deprive her of her Life and very likely to have prevented her loving Cousin Elizabeth in England Upon the same Principles the same Seditious Daemocraticks proceeded against her Son and Successor that was afterward our own Sovereign K. James then a young Prince about 12 Years old whom they †Vid. Spotwoods Hist p. 323 324. seiz'd at Ruthen carried in Triumph and Constraint to Edenburgh from which he was forc'd to contrive an Escape which he made by the Means of Collonel Stewart a Captain of his Guards but shortly afterward * An. 1503. incited by the Seditious Insinuations of their Geneva Principles brought them home fresh hot and reeking with Blood and Rebellion by one Melvill that had come from thence but a few years before to supply not only Knox's stock of treasonable Positions but to succeed him in his Place of an implacable Incendiary his Predecessor expiring a Year or two before he came over by this Factious Fellow 's and his Associates Seducements did I say shortly after the Earl of Gowry conspire against the King and break out into an open Rebellion which he deservedly suffered for with the loss of his Head Then is this succeeded by Bothwells Rebellion who had contriv'd
Covetousness Cowardize Perjury and Treason for upon his refusal to Sign their Proposals they tell him the defence of his Person in the Covenant must be understood only as it relates to the safety of the Kingdom and upon the English profering them the Moneys they wou'd prettily perswade him that the promise their Army made him for his preservation could not be kept because the Souldiers and the Army were different things and the Army might promise what the Souldiers might refuse and were unwilling to perform But this purchase of their double Perjury was punisht with as much perfidiousness their Army got into their hands for nothing the poor Prince the Parliament thought they paid for too dear And as that Seditious Senate fought their Soveraign in the Name of King and Parliament so now the Souldiers of Fairfax set themselves to fight the Senate for the sake forsooth of the Parliament and Army Good God! Just Heavens that could visit such Vipers such Villains in the same villany they committed and make such Seditious Hypocrites suffer by as much Treason and Hypocrisie Their Agitators menace the King with Death and Deposition they make him their Prisoner move in the House their non-addresses make it Treason to confer with their King set up an Ordinance for his Tryal and there Sentence that against which Treason could only be committed as a Traytor to the State And here then With what face can the Faction justify such a Barbarous Rebellion or accuse their King for the beginning of the War Yet such a sort of Seditious Democraticks does our Land afford * Vid. Tryal p. 26. Sidney says Such a general revolt of the Subjects cannot be call'd a Rebellion And †Plato Redivivus p. 167. Plato Our Parliament never did as they pretended make War upon the King Till such persuasions are rooted up out of their Rebellious hearts as well as they are in them no Prince under the Heavens can protect himself from such resolute Rebels as will destroy all Subjection in the World and make the blackest Treason our own Civil War but a prudential act of State and even of Loyalty it self the * Ibid. rescuing the King only out of those Mens hands that led him from his Parliament But do not they tell us even by his own concession in one of their Votes That it was the King that was seduc'd and must it not be the King too that they would reduce and by what means why therefore they say they take up Arms and did they design to command their Bullets and Ball not to meddle with the King that was only seduc'd but only to take off the evill Counsellors that were his Seducers I confess could they have promis'd his Majesty so much he might have took them for good Gunners but must still have believ'd them bad Subjects that would have put it to the venture But with this Gentleman it seems it was a sort of proclaimed War of the King 's to take that * Ibid. unfortunate resolution of seizing the five Members Most Factious Fool did the King rebell against his Subjects only when he came to seize actual Rebels whom himself desired only to be Try'd for Treason and that of the deepest dye for inviting in a Forreign Foe the Scots must not the Parliament without the King be the Supream power if the King can be said to Rebel against the Parliament but this Republican that expresly makes them * Ibid. 168. Co-ordinate may as well call them Supream for these Gentlemen paid off the King for his unfortunate resolution and declare that his coming to their House was High Treason And well might the King shift for himself when they had made his Majesty reside in the House of Commons Prethee for thy senses sake who levy'd War first those that seiz'd upon the King's Forts Magazines Towns Ships and Revenues levy'd Soldiers or the King that had nothing of Military left him but the power and not a single Company of Horse or Foot that he had rais'd It was the twentieth of October 1641. they brought the Trainbands into the Palace Yard to protect themselves thousand that is to terrify their King It was the eighth of January 1641. that forty thousand of the Inhabitants of London put themselves in Arms to fight fifteen hundred of the King's Horse that were to come and surprize the City the one were actually Arm'd the other never came or design'd to come They rigg out the Navy on March the 2d the King's Militia is seiz'd and new Lieutenants set by their Ordinance the fifth of March 1641. and on the twenty third of April they deny'd him entrance into his own Garrison at Hull the tenth of May the Citizens are Mustering twelve thousand Men in Finsbury Fields the King does not summon his Yorkshire Gentlemen till the twelfth of May did not grant out his Commission of Array till the twentieth of June when they had sent out their Orders and Proposals for Men and Horse Money and Arms the tenth did not set up his Standard at Nottingham till after the twelfth of August when their Parliament had rais'd their Army the seventh of July And this Vote of their King 's being seduc'd by wicked Counsel from which this Sediious Daemagogue would infer the King clared to them War before was made on the twentieth of May which was after they had seiz'd his Forts and Militia his Shipping and Navy and Muster'd their Citizens in the Field And a Month before the King sent out his Commissions of Array and above two Months before his Standard was set up That this is exactly truth Consult even the Exact Collection And whether this Seditious assertion be not a Devilish lye but your own Breast And as they begun this War of Weapons in their House so they did that of Words too and invading the Prerogative before the least breach of Priviledge One * Vid. Baker p. 435. A. D. 1625. Turner a Physician under a pretence of reflecting on Buckingham abuses the best of Kings Cook amongst other Invectives says openly It was better to dye by a Forreign Foe than be destroyed at home These were but preludes to the Liberty the licentious Villains took afterward when Martin declared to the House * So Plâ—t Râ—â— p. â—17 That the King's Office was forfitable when †Vid. The Royal and the Royalist's Pâ—â—a printed A. D. 1617. Sir Hâ—nry Ludlow said to the same effect That his Majesty was not worthy to be King of England And Prideaux was at last come to make his Speech there for Abandoning Monarchy it was so early too that they were so forward to Usurp upon the Crown that even in this Year 1625. they offer'd to search the King's Signet Office and examin'd the Letters of his Secretary of State all this was offer'd at in the very first Parliament that he summon'd all of which the King complain'd to them of by * Vid. Lord Keeper's Speech to
Pardon'd and the rest Executed In December was detected another Plot and Conspiracy carrying on One William Hill one of the Accomplices or a pretender to be so discovers it A Plot they had of confounding the Rogues as they call'd it at Whitehall imparted to him by one Baker one of Oliver's Yeomen of the Guard upon presumption that he would side with them who brings him acquainted with the rest of the Conspirators their Design was with four or five hundred Men to surprize the Castle of Windsor Riggs one of the Conspirators told him of the Arms lodg'd in Crutchet Friers that five hundred had been dispers'd that they design'd a desperate assault on Whitehall Vid. Wil. Hill Narrative prefixt to their Tryal to deliver them from the Tyranny of that Outlandish Dog for so they call'd the King That Ludlow was to be their General that all other Officers were agreed on that the Tower was to be betrayed to them Letters dispersed to amuse the People with a Massacre from the Papists one of which on the Tryal of the Conspirators was produced in the Court they told him they determin'd to rid themselves of King Queen Dukes Bishops all should go one way as they call'd it and the Insurrection was to be on the Lord Mayor's Night Upon this Discovery one Tongue and five more were Arraigned of which one Phillips and Hind confest the Fact on their knees at the Bar were pardoned the other four Convicted Condemned and Executed In March 1663. a Plot was Discovered in the North of England the principal Contrivers of it being imparted to the King were secured from proceeding further And in 1666. when the King returned from Windsor to Oxford the Pestilence being abated tho' the Plague product of their Pestilential principles remained as raging Another Conspiracy of discontented Officers is detected for Conspiring the Death of the King Plotting the surprisal of the Tower Firing the City They had two Councils sitting one in London to issue out all Orders upon the place and another in Holland that assisted them with Instructions the third of September was sworn to be the day of Design for which eight several Persons were Sentenc'd and suffer'd Death In the same Year the Rebellion broke out in Scotland at Pentland Hills where the Covenanters fought the King's Forces and were defeated In 1675. the late Lord Shaftsbury a Person eminent even in the late Combustions and the Civil War a person that was but just before preferr'd by his Prince notwithstanding the many Services he did to the Rebels and an actual being in Arms for the Parliament But he thinking himself too little obliged by the Crown that had never deserv'd the least obligation Plots for the Dissolution of that Parliament that as it had settl'd so preserv'd the very frame of the Government from being dissolv'd and because he could not compass it from the King contrives that it should pass currant that it was Dissolv'd of course because Prorogu'd for fifteen Monhs contrary to the Acts of King Ed. the Third that required one to assemble once at least in twelve The Duke of Bucks is made to move it in the House seconded by Shaftsbury Salesbury and Wharton and for that all four sent to the Tower but however had dispers'd the Design so far that the Stalls were all cover'd with Papers and Pamphlets to prove them Dissolv'd which had it been then effected had only reduc'd us to those Confusions that the unhappy Dissolution in four years after did unfortunately bring about In March 1679. the same Incendiary the Beautefeu of both Kingdoms contrives a most silly canting ridiculous Speech and said to be spoken by Shaftsbury in the House of Lords the * Vid. The whole in an Impartial Account of the Proceedings in the Parliament at London 1679. substance of it being a declaiming against the Sufferings of Scotland many Copies of which were as Seditiously sent thither so animated and incensed the zealous Scots that they soon after set upon the Bishop of St. Andrews batbarously Murder'd him and our Seditious Senate the Lower House seconding that Lord's Speech with a Remonstrance against Lauderdale they soon resolv'd for open Rebellion and that they begin at Ragland in Scotland where they come and Proclaim the Covenant burn Acts of Parliament attack'd Glascow but the result of that was that by Bothwel Bridg the Rebels were deseated all running away upon the playing of the King's Cannon in a perfect Rout and Confusion At the Sitting of the late Parliament March 1681. at Oxford there was some intimation given the King of a Plot and Design to have seiz'd his late Majesty and kept him confin'd till by that he had been made complyant to pass the Bill of Exclusion his Majesty was so far satisfied of it that he Dissolv'd them as suddenly and so frustrated the Design This was proved afterward upon Oath at a special Commission of Oyer and Terminer at the Tryal of * Vid. Coll. Tryal p 1. 9. Stephen Colledg the Joyner at Oxford who was sworn to have imparted it to the Evidence and that he rid down for that purpose thither Arm'd for which and several other Treasonable contrivances he was Arraign'd upon full Evidence Convicted Condemned and accordingly there suffer'd That Plot being prevented at Oxford by the Providence of God and the Kings the Faction still pursu'd the Conspiracy for which many Consults were held at the late Lord Shaftsbury's House which upon suspicion was searcht and himself upon Information and Evidence to the King and Council was seiz'd the result of which was they found a Paper in his own Closet Intituled An †Vid. Proceedings at the Old-Baily 24. Novem 1681. Association the Plot and Design of which was that since they could not Exclude the next Heir of the Crown by Bill and an Act of Parliament they would get Subscriptions to do it among themselves that is set their Hands and Seals to a Rebellion for the concluding Clause was absolute Treason and oblig'd them to Swear Obedience to their Fellow-Subjects and that they would Obey the Major part of Members after the dissolution of the Parliament for this he was Indicted as also for designing to compel the King to pass the Bill at Oxford for conferring with Booth Hains Smith and other of the Evidences in Treasonable Consults for saying The King ought to be Deposed and that he would never desist till he had brought England to a Common-wealth All agreeable to the very Principles he profest to the Practises and Designs he had before Engag'd in and the Discoveries of his Treasons that have follow'd since but the Grand Inquest being pact by Papilion a Partial Sheriff and compos'd of Jurors as much prejudic'd the Bill of Indictment was brought in Ignoramus an apparent Rebel acquitted and carried off in Triumph with the Shouts and Shoulders of the Rabble In July 1683. was Discover'd the bottom of all these Preliminary Plots and Conspiracies in