answer the Varieties and unthought on plottings of Mans Nature and in Tract of Time Laws at first just or in terrorem become unprofitable and harsh and this moderating of Laws which is called saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Equity is so annexed to the Prince that by no decree of Man it can be pulled from it This Absoluteness I have hitherto mentioned out of such great Authors How far the Kings of England may dispense with their Laws is not practised by the English Sovereign for he challengeth no such Power to make or abrogate Laws without the Concurrence of the two Houes But he hath a sufficient Prerogative by dispensing conniving or putting some Laws more in Execution than at other times so to manage the Execution of the as the Government and consequently the Peoples safety be not prejudiced So though there be a Law for Triennial Parliaments yet when a Prince finds a Potent Faction that may influence the Electors so as the meeting of such a Parliament at such a time may be hazardous to the publick there being no Penalty can be inflicted on a King for the Omission and the Danger being visible that such a Factious Parliament was only wanting to bring to perfection the Design of Traiterous and Seditious Persons It is very agreeable to Reason that a Prince in such a juncture should prefer the publick Peace of his Kingdom and the security of his Crown by the omitting such Summons than to hazard all by convening them There are other Cases may intervene wherein the Reason of State the Salus publica may require the dispensing with or suspension of the Execution of some Laws As in time of open Rebellion the King 's arming of such as he may most surely confide in though they take not such Oaths or be so qualified as the Laws require and as in several other Particulars might be instanced in I shall only add two Authorities of our own Country who were well versed in the matter the one a great Divine and the other as great a Lawyer and Statesman First the learned (i) Vsher's Power of Princes p. 76. Primate saith Such positive Laws being as other works of Men are imperfect and not free from any Discommodities if the strict Observation thereof should be pursued in every particular It is fit the Supreme Governour should not himself only be exempted from Subjection thereunto but also be so far Lord over them that where he seeth cause he may abate or totally remit the penalty incurred by the breach of them dispense with others for not observing of them at all yea generally suspend the Execution of them when by experience he shall find the Inconveniences to be greater than the profit that was expected should redound thereby to the Common-wealth The Second Authority shall be that of the Earl of Clarendon (k) Survey p. 127. who affirms That by our Laws the King hath in many Cases the Power of dispensing with the Execution of the Law especially in granting pardon for the transgressing of them except in those Cases where the Offence is greater to others than the King as in murder of an Husband or Father therefore upon an Appeal by them the Offendor may suffer after the Kings pardon which shows how tender our Laws are of protecting the Lives of Subjects This Prerogative of Kings (l) 3. Rep. Bodin avouches among the Rights of Sovereignty to pardon the Persons the forfeiture of their Goods and to restore the attainted Honours of those condemned by righteous or unrightcous Judgment according to that of St. (m) Q. 115. ex Veteri Novo Testamento Hilary in St. Augustine Imperatori soli licet revocare sententiam reum mortis absolvere ei ignoscere That it belongeth only to the Emperor to revoke the Sentence or Judgment and to absolve and pardon the guilty For as Themistius saith One thing becoms a Judge and another thing a King the one is to observe the Law the other hath power to correct the Laws themselves and to qualifie the severity and harshness of them as being himself a living Law and not confined to the unchangeable and unalterable Letter For that end saith he it seemeth God did send from Heaven the Regal Power into the Earth that Men might have a refuge from that dead and immoveable Law to the living one as he instanceth in Capital Offenders For we have seen saith he Men returned to life from the Gates of Death whom the Law indeed sent thither but the Lord of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 brought back from thence again As to the Power of Equity claimed by the great Civilians the Administration of that is vested in the Chancellor or Lord-Keeper of the Kings appointment who is the Keeper of the Kings Conscience or Dispenser of that reserved Power in the King CHAP. XX. That the Sovereign is not to be resisted or rebelled against upon pretence of ill Government Irreligion or any such matter OUR Republicans of 1641. set themselves with all their skill and cunning The Necessity of this Discourse as well as force to overthrow the Doctrine of Non-resistance and to establish that of its being lawful not only to rise in Arms for the defence of their Liberty Property and Religion the gilded pretences of all Rebellions but to prosecute that blessed King and all his Loyal Subjects in the highest Degree of Cruelty and Revenge that they could devise or their success embolden them to commit Therefore it is a most necessary Duty of all that wish well to themselves as well as the Government to oppose such dangerous Positions and Practices The Authorities I have cited in the two Chapters of Sovereignty are but the gleanings of what may be found in learned Men on this Subject and since I shall have occasion hereafter when I treat of the Subjects duty to handle this matter more particularly I shall be the shorter in this and refer the curious Reader to the elaborate Treatise of Mr. Dudley Digs Of the unlawfulness of Subjects taking up Arms against their Sovereign and to the Glory of his Age for Learning Loyalty and Sanctity the Lord Primate Vsher's Power of the Prince and His Second Part of Obedience to the judicious and learned Sir George Mackenzie his Jus Regium and (a) Arnisaeus Zeiglar de Jure Majestatis c. 1. n. 12. Salmasii Defensio Regia Grotius lib. 1. c. 4. de Jure Belli Dr. More 's Divine Dialogues Dr. Mouliu 's Philanax Anglicus Sam. Petit 's Diatriba c. others that treat of this Subject ex instituto desiring all those who have imbibed or would avoid any of these dangerous Principles that they will seriously consult those Authors out of whom I shall only hint some few of their Reasons and Arguments that may be as Antidotes against the most destructive poison of resisting Sovereign Princes or allowing any Order of Subjects the Liberty upon any Pretence of
most uncompounded the Mother of all Governments and that a King is to be a God amongst Men and a King is a living Image of God saith the (d) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menander Poet. So the Grecian Orator saith God from Heaven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did send the Regal Power unto the Earth (e) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apud Stob. Serâ— 46. Diotogenes yet raiseth the Character higher according to the Sovereignties of his Age That the King having a Power uncontrollable and being himself a Living Law is the Figure or Adumbration of God among Men And in (f) Idem 121. another place Of all things which are most honourable the Best indeed is God but on Earth and amongst Men the King (g) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 37. So Agapetus observes That although the King in the Nature of his Body be of the same Mold with every other Man yet in respect of the Eminence of his Dignity he is like unto God over all whose Image he beareth and by him holdeth that Power which he hath over all Men. Hence it was that the Roman Emperors not to make Researches further in their (h) Augustin 's Numismata per totum Coins used some Emblems and Impressions proper to their Gods or their Religion inferring That they derived their Character from them So in the Coins of Julius Caesar we find the Image of Venus from whom he deduced his Extraction So we find the Goddess Victory the Image of Mars and the Caduceus often and Ensigns of the High Priest and not onely in his but in many other Emperors Coins the Thunderbolt to denote they had the same Power upon Earth that their Jupiter had in Heaven according to that of the Poet Jupiter in coelis Caesar regit omnia terris After that Julius Caesar was in Divos relatus we find a Star over his Head or himself sitting in the Habit of a God holding in his Hand a Cornucopia ascribed to the Genii and Hero's and in his Left-hand holding the Goddess Victory So in one of Augustus's Coins we find Victory sitting upon a Celestial Globe holding a Scarf in a Circular Figure in its Hand denoting Eternity In Otho's Coin Jupiter is placed in a Chair with a Spear in his Hand with the Circumscription Jovis Custos Jupiter Custos For it appears out of the Verses of Ennius and out of Hyginus and Apuleius that in the Nominative Case Jovis was used for Jupiter So in a Coin of Titus the Sella Jovis and Thunderbolt are to be found And Trajan holds a Thunderbolt and Spear and is Crowned by the Goddess Victory and in another Jupiter with his Thunderbolt in his Hand is shrowding Trajan under his Pallium according to which (i) Panâ—gy Pliny saith of him Te dedit qui erga omne hominum genus vice tua fungeris So in the same Trajan and Hadrian's Coins the Head of the Sun is figured with a radiated Crown as representing them of which Custom the Tabulae Heliacae may be consulted and although Chrysologus reprehends it as a proud affectation in the Persian Kings that with radiated Heads they place themselves in the figure of the Sun or are effeminate into that of the Moon or assume the form of Stars yet we may suppose such Impresses were to testify to the People from whence they derived their Origination or whose Tutelarship they were under For after Christianity obtained Constantine wore in his great Ensign called the Labarum the Figure of the Cross and the Letters which appeared to him in the Air with the Circumscription sub hoc signo vinces So (k) Octavius Strada de Imp. Rom. p. 294 338. Theophylact and Manuel Comnenius in their Medals have Christ figured putting a Garland upon their Heads Hence a grave (l) Principis potestas publiâ—t est in terris 〈…〉 Majest 〈…〉 Carisburiensis l. 4. c. 1. Author saith The Prince's Publick Power in Earth is a kind of Image of the Divine Majesty in the same sense with that of (m) Com in 13. Rom. St. Ambrose Princes for the correcting of Vice and prohibiting of Evil are erected of God having his Image that the People may be under One. We Christians have the Authority of Holy Scripture That by God Kings reign and that they are his Anointed So Daniel saith to Nebuchadnezzar The God of heaven hath given thee a kingdom and to Cyrus God gave to Nebuchadnezzar thy father a kingdom So (n) Cujus jussu homines nascuntur hujus jussa Reges conslimuntur Lib. 5. c. 24. Irenaeus affirms That by whose Command they are born Men by his Command likewise they are ordained Kings Agreeable to which is that of (o) Apolog. cap. 31. Inde est Imperator unde homo antequam Imperator inde porestas illi und spiritus Tertullian Thence is the Emperour whence he became Man before he was Emperour thence he hath his Authority from whence he hath his Breath A late (p) Absolute Power p. 46. Author scornfully confronts the Sentiments of so many Learned and Judicious Persons with that of Aratus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That all men are the Off-spring of the Deity Which if we allow in his sense then Pierce Plowman is of as good Divine Authority as any Crowned Heads Whereas St. Paul's Application makes it to be meant quite another way viz. of the Creation of Man by God Almighty But I shall pass to other Remarks The Philosopher makes Four kinds of Kingly Government Aristotle's Division of Kingly Government First That of Sparta where there were two Kings of two Royal Families the one a Check upon another And this was he saith (q) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. lib. 3. c. 14. a Generalship onely of an Army for they had not the Power of Life and Death but in Expeditions of War as he instanceth in Agamemnon whom Homer makes patiently to endure the Reproaches of the Great Men in the Assemblies For he affirms That in Times of Peace the Power of Life and Death was in the Senate and the Ephori So in the Roman Common-weal the Generals having the Style of Praetores and Imperatores when the Republic was changed by Julius Caesar he retained the Military Name of Imperator which the Grecians rendred King And thence it is that Ammianus saith That Valentinian was the first that changed the Roman Empire from a Principality to a Kingdom But to return from this Digression This Laconic Commonwealth had Hereditary Kings with a Power in War and Divine things limited by Law Of which the Curious may read Plutarc de Lycurgo and Xenophon de Republica Lacedaemoniae and (r) Pag. 384. Giphanii Comment in Arist Polit. The second kind of Kingly Government he calls that which was amongst the Barbarous for such the Grecians styled all Nations that were none of their Country and this he saith had a Power equal to the Tyrannical yet was legitimate 〈◊〉
Reges â—â—que unum apud illos memoriae Annalium genus eral Tacitus notes of the German Priests that though they were ignorant of the secret of Letters yet in ancient Verses they celebrated their Gods and Kings and that alone was with them their Memorials and Annals It is true Caesar (s) Lib. 1. De Bello Galliâ—o saith that though the Gauls did not think meet to commit their Doctrine to Writing yet generally in all other things whether publick affairs or private accompts they made use of Greek Letters and he saith That there were Tablets found in the Camp of the Switzers made up of Greek Letters Yet it doth not appear that the Greek Language was used by the People for one and the same Character of Letters may serve to express different Languages so the Targum or Chaldee Paraphrase and the new Testament in Syriack are done in Hebrew Letters yet the Language very different That the Greek Language was not known among them appears by what (t) De Bello Gallico lib. 5. Caesar saith That being to write to Quintus Cicero who was then besieged in Flanders by great Rewards prevailed with an Horseman of Gaul belonging to the Nervians to carry a Letter to him which he writ in Greek lest it being intercepted the Enemy should discover the design Peter Ramus (u) De moribus veterum Gallorum p. 74. is so desirous to promote the Glory of his Country that he offers considerable Authority to prove that the Grecians learnt their Letters from the Gauls affirming that the Learning of Semnothei Saronidae Druids and Gauls flourished in Gaul many Ages before Cadmus came into Greece and the great (w) Janus Angiorum â—â—p 9. Selden seems to allow it when he saith That Learned Men do think the Greeks took the Gallick ones for their Copy after the Phoenician Letters which were not altogether unlike the Hebrew were grown out of use He further adds That the rude Gothic Characters which (x) In Appendice ad Jornandi Goth. Bonaventure Vulcanius of Burges published do very much resemble the Greek ones as also the present Russian Characters As to the Latin Letters they were first brought over into Italy from Arcadia with Nicostrata the Mother of Evander who was banished his Country As to the Druids we should have been at a great loss both concerning their Doctrines and of the Manners and Customs of the Gauls Britains and Germans if we had lost the Histories of Julius Caesar Pliny Strabo and some more after them since the Memorials and Epinicia of the Bards are so totally lost that we have nothing remains of the but fuimus Troes and that of (y) 1. Pharsal Lucan Laudibus in longum Vates demittitis Aevum Plurima securi fudistis Carmina Bardi The Welsh Bards glory that they still retain the Memorials of their great Men and especially their Kings but we may easily conceive that the great Mixture of Poetical fancy as even in Homer and Virgil is found must render the whole very Romantic Caesar saith That in Gaul there are only two sorts of Men who are in any Honour or Account viz. The Druids and the Equites of whom I shall treat and first of the Druids and having after occasion to mention several particulars upon emergent occasions I shall in a summary way here collect what dispersedly is recorded by him not only concerning the Druids Doctrine Religious and Civil but of the Government or Polity and lastly of the manner of Living Customs and Usages of the Gauls Germans and Britains towards the better understanding of which I think fit to note these things First as to their Name we may not rely upon the Authority of Berosus from their King Druis As to the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Oak which was sacred to them I shall speak hereafter only at present noting that Pliny saith They performed none of their Devotions without Oaken Leaves Goropius (z) In Gall. Becanus would have it from the Dutch True-wise or from Trutin a word which with the Ancient Germans signified God and sometimes Lord as * Cosmog par 2. l. 3. Merula notes out of the Gospel of Othfred Now as to their learning I shall say something Caesar saith They were Professors of all learning and (a) De moribus vet Gallorum p. 81. ad 95. Ramus divides it into their sacred learning their Philosophy Astronomy Cosmography Music c. who may be consulted by the curious Readers As to their Religious Doctrine and Concerns what follows is observable First They taught the Immortality of the Soul as (b) Hoc volunt persuadere non interire animas sed ab aliis post mortem ad alios transire De Bello Gallico lib. 6. Caesar tells us by which they excited greatly all Persons to Vertue and to neglect the fear of Death Since the learned Selden will not undertake to judge whether the Druids had their Metempsychosis or Transmigration of Souls from Pythagoras or he from the as (c) Stoic Physiologia lib. 3. dissert 12. Lipsius also queries I shall not enter into dispute for some make (d) Vide Laert. lib. 8. Plut. Orat. 2. de esu Carnium Reuchl lib. 2. de Arte Cabalistica Pythagoras only in Tarquin's time and those that speak of his greatest Antiquity place him with Numa whereas most make the Druids of the Ancientest standing among the Philosophers of the Gentiles Secondly (e) Multa praterea de sideribus atque corum motu de mundi terrarum magnitudine de rerum natura de Deorum Immortalium vi ac potestate disputant in virtute tradunt Lib. 7. de Bello Gallico Caesar further adds That the Druids dispute many things of the Stars and of their Motion and of the greatness of the World and the Earth of the Nature of things of the Power of the Immortal Gods and several things of Vertue And so Mela saith Druides motus Coeli Siderum profitentur They discoursed of the Motions of Heaven and Stars Thirdly They excommunicated those that stood not to their Sentence that is they (f) Sacrisiciis interdicunt hâ—â—â— pâ—â—â—â— apud 〈◊〉 est gravissima Id. lib. 6. forbid them to come to sacrifice which among them was the most grievous punishment and those who are thus excommunicated are accounted wicked and ungodly Wretches every Body goes out of their way and shuns their Company and Conversation for fear of getting harm by Contagion neither have they the benefit of the Law when they desire it nor is any respect shown to them Fourthly (g) Druidibus praeest unus qui summam inter eos habet Authoritatem Id. Caesar saith further That they have one over them who hath the chiefest Authority amongst them and when he dies if there be any one that is eminent above the rest he succeeds in place but if there be several of equal merit one is chosen by Majority of Votes
for with St. Austin (k) Melius est ut pereat unus quam ut pereat unitas he affirms That it is better that one Scabbed Sheep be removed than the whole Flock be infected Agreeable to which is that which (l) Violatarum Religionum aliubi atque aliubi diversa poena est sed ubique aliqua De Benef. l. 3. c. 6. Seneca affirms That in divers places the punishment may be divers of Religions violated but every where some Punishment is enjoyned (m) Quod in Religionem divinam committitur in omnium fertur injuriam Lib. 4. Cod. de Haereticis Justinian gives the Reason why some Punishment in such cases should be inflicted because the concern of Religion being of a great extent the Injuries committed against Divine Religion in some sort affects all There being so many Hot-spurs and Bigots in Religion that are always busily and pragmatically perplexing themselves and others with subtile Enquiries of things under the Earth and above the Heavens as (n) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apol. Plato phraseth it that is of things beyond the Ken of judicious Mortals either poring in St. Faith 's under Paul's or fluttering on the Fanes of some Spires or Cupalo's to the Disturbance of those that would be at their publick Devotion in the Quire Such Turbones as Lipsius calls them should be suppressed if it can be without a greater Disturbance So (o) In morhis niâ—il est magis periculosum quam immatura medicina Sen. Consol ad Hill that the Application of the Remedy be rightly timed that by unseasonable Remedies the Distemper be not fired as the Judicious (p) Tacitus 12. Annal. Historian saith Intempestivis remediis delicta accendere As to those who have Souls tainted with Errors yet endeavour to infect none but keep the Contagion within Doors and propagate not their Errors Lipsius applies that of (q) Quis impon it mibi necessitatem vel credendi quod nolim vel quod velim non credendi Lib. 5. c. 4. Lactantius Who can impose a necessity upon me either of believing or disbelieving And that of (r) Docendo magis quam jubendo monendo quam minando Epist 65. St. Austin That such be wrought upon rather by Instruction than Injunction by admonishing than menacing As when Strings are out of Tune they are leisurely to be screwed up to Concord not hastily lest they break since they desire (s) Tacere liceat nulla libertas minor a Rege petitur Sen. Oedip. no greater Liberty than to be silent For as Curtius saith lib. 7. Nemo Rex perinde animis imperare potest ac linguis None can so well command the Mind as the Tongue So in matters of Faith he commends (t) Peccata sic compescas ut sint quos peccasse poeniteaâ— Ad Africanum Proconsulem St. Austin's Rule so to suppress Errors that there may remain such as may repent they have sinned Therefore he is not for using severity to such whereby some may be made Hypocrites and few Converts according to that of Themistius Purpurae tuae Cultores aliquos efficies non Dei. It is for such as these the Act of Uniformity provides when it allows five besides the Family and those that cannot be content with that Indulgence may thank themselves if they occasion severer Laws against them CHAP. XII Of the Clemency of a Prince and how far Beneficial THIS is the soft Ermin that lines the Royal Robes of Princes this is the orient Pearl which studs their Diadems None ever wore a finer or gentler Furr within his Imperial Vest nor ever had more conspicuous valuable or more genuine Jewels of this sort in his Crowns than our late most Gracious and Merciful Soveraign of Blessed Memory Who as a Learned Person most truly observed long (a) Character of King Charles the Second Anno 1660. His Clemency since had goodness of Nature Humanity and Charity or by what divine Attribute you will call it as the master Ingredient in his Composition of whom most truly was verified what out of Herodian Pareus notes in his Aphorisms of Pertinax succeeding Commodus as that most Gracious King did to the Senate of Tyrants and the wickedest Usurper Cromwel (b) Tyrannorum 〈◊〉 dementis Principis saccedent is Imperio niâ—il juâ—undius nihil utilius subditis accidere potuit That nothing more pleasant and profitable could happen to Subjects than the Death of Tyrants and the Empire of a Clement or Merciful Prince succeeding So that whatever I can write in commendation mendation of this Royal Qualification and much more is but a Dawb and no Varnish to his Statua who in all our Annals will be stiled the Clement Merciful and Restorer But I design not here his Apotheosis yet could do no less than strow some Lillies on his Grave upon this occasion The Benefit of Moderate Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Therefore to pass to the subject matter The (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 5. Polit. c. 11. Philosopher observes That the moderation of Theopompus much setled the Spartan Government and adds that what lessens a Kingdom in Power augments it in Length and Duration By which he can mean nothing else but that mild and not austere or violent severe Government is what gives a long continuance to Principalities However we may be sure a Prince's Mercifulness is one of those Vertues which are echoed through the longest and loudest Speaking-Trumpet (d) Qui benignitate a◠〈◊〉 Imperium temperavere 〈◊〉 candida lata omnia suisse etiam â—ostes aquiores quam aliis ciâ—es Ad Caesarem Sallust saith That those who have tempered their Empire with Benignity and Clemency have had all things Prosperous unto them their very Enemies being more just to them that use it than some Subjects are to others who less practise it Therefore the Orator (e) Nec ulla re propius homines ad deum accedunt quam salute hominibus danda Cic. pro Ligat saith That Men much more Princes in nothing make nearer approaches to the Deity than in giving that to Men which he calls Salus Health Prosperity and Benefit to a People to produce all which a Prince's Clemency must concurr The Divine (f) Seâ—ales civibus prabeant quales sibi dens esse volunt 1. de Clem. c. 5. Seneca gives an excellent Rule for Princes to observe that they deport themselves so to their People as they would wish the Gods would do to them Such a Prince the other (g) In Octaâ— Seneca the Poet elegantly describes which if any other our late King deserves to have writ on his Tomb Pulchrum eminere est inter illustres Viros Consulere Patriae parcere afflictis fera Caede abstinere tempus atque Irae dare Orbi quietem saeculo pacem suo Haec summa Virtus petitur hac Coelum Via Another famous (h) Vim temperatam Dii provehunt in majut Horat. Od. 3.
WEST SEAXNA CYNING I Ine by the Grace of God King of the West Saxons in his preamble to his Laws But until about our Henry the Third it was not of so constant use as that the Stile of the King necessarily required it This Stile of Dei Gratia is frequently given in old time Given to Spiritual Lords and yet in use to Spiritual Lords nothing being more common in the Instruments of Bishops and Abbats in the Chartularies of Monasteries and it is given from Kings to them in the Summons of Parliament and Writs to Assemble or Prorogue Convocations in this form Jacobus c. Reverendissimo in Christo â—â—tri praedilectoque fideli Consiliario nostro Georgio eadeâ—◠〈…〉 Archiepiscopo Cantuariensi c. But at this day though it 〈◊〉 â—â—ven to them they use it not in the first Person but Deâ— (i) Rosula Novella 〈◊〉 cap. 111. â—â—mentia or Providentia Divina and in older times when they writ to the Pope Emperor or King they were not to write Dei Gratia of themselves but only such or such licet indignus vel immerens Bononiae Episcopus c. By all these Titles we cannot but observe that the dignity of Kings and Sovereigns was looked upon in all Ages as deriving Authority from God Almighty and his Vicegerents here upon Earth having the Attributes of God that as he was Supreme over all things in Heaven and Earth so they within their Districts upon Earth I shall end this Chapter with this Observation That the Attribute of Dei Gratia applied to Sovereigns and Bishops might probably have Authority from the Constitution of Justinian (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Just Noâ— 6. init 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. which runs thus The greatest Gifts which Gods goodness from above hath conferred on Men are the Priesthood and Empire both of which proceed from one and the same Principle and are for the ordering and disposing of the Affairs of Mankind Concerning the peculiar Title of our Kings of England Defender of the Faith the learned Spelman having given us thâ— Copy of the Bull and discoursed so fully of it I shall 〈◊〉 the curious Reader to him for satisfaction CHAP. XVII Of the Soveraignty of the Kings of England according to our Histories and Laws THE Titles and Attributes which other Soveraign Princes have either assumed The Kings of England have used all the Titles proper to Sovereign Princes or have been given to them our Kings of England have used as might be made appear by innumerable Examples But I shall treat but of a few and shew wherein the Soveraignty is discovered and what ancient Prerogatives they have by their acts of Grace quitted and lastly how the long Parliament of 1641. would have cramped the King's Authority First as to the Title of King or Emperor promiscuously So our Edgar frequently in his Charters calls himself Albionis Anglorum Basileus As King Emperour Lord. and I have noted before that the Grecians esteemed the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be of full as eminent Signification as Emperor So in a Charter (a) Cod. Wigorn. to Oswald Bishop of Worcester he is called Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarumque Nationum quae infra eam includuntur Imperator Dominus In which we may note that one of our Kings of England writ himself not only Basileus according to the Grecian usage which signified King and Emperor but also Emperor and Lord three of the fullest Attributes either the Grecian or Roman Emperors ever used as also Lord of the British Sea as Canutus his Successor challenged So in a Charter to (b) Mon. Ang. par 1. p. 64. Peterburg Ego Edgar sub ipso sidereo Rege praesidens Regno Magnae Britanniae I have seen another (c) Lib. MS. Roberti de Swapham c. Fundationis Burgensis Coenobii p. 38. of his Charters prefaced thus Gratia Domini nostri Jesu Christi omnium seculorum omnia suo Intuitu distribuentis Regna terrarum moderantis habenas rerum Ego Edgar sub ipso eodem Rege praesidens Regno Britanniae c. So King (d) Id. p. 39. Edward in the same Book stiles himself Ego Edwardus Rex Anglorum Monarchiam Regiminis tenens hoc decretum Patris mei per deprecationem Abbatis Aidulfi perhenniter affirmavi In which we may note that Edgar owns himself subject to Jesus Christ God And King Edward saith he holds the single Command of Government So King Edward in a (e) Coke Praefat. 4. Reports Rex Anglorum totius Britanniae Telluris Gubernator Rector Angligenum Orcadarum necnon in Gyro jacentium Monarcha Anglorum Induperator Charter to Ramsey stiles himself Totius Albionis Dei moderante Dominatione Basileus King of all Albion and King Edwin in a Charter to Crowland calls himself King of England and Governour and Ruler of all the Land of Britain So Ethelred in his Charter to Canterbury stiles himself Of all the English born and the Oreades lying in Circuit about it Monarch and Emperor of the English So that by Orcades must be understood all the Isles about Britain So William Rufus dates his Charter to the Monastery of Shaftsbury secundo Anno Imperii mei By all which it appears that the Kings of England have justly assumed the Supream Imperial Command in their own Dominions and though the Title of Emperor hath been disused Kings of England as much Sovereigns as Emperours yet we shall find the substance of it sufficiently challenged in that of (f) Ipse omnes libertaâ—â—s 〈◊〉 Râ—gno habebat suo quas Imperator vendicabat in Imperio Matt. Paris in vita Willielmi 2. William Rufus to Arch-Bishop Anselm when he told him That he had all the Liberties in his Kingdom which the Emperor challenged in the Empire And in a Constitution (g) Râ—gâ—um Angliae ab omâ—i subjectione Imperiali liberrimum Claus 13 E. 2. m. 6. dorso of King Edward the Second it is declared That the Kingdom of England is most free from all Imperial Subjection which excluded all public Notaries who were made by the Emperor or Popes and by this Constitution were utterly rejected The Statutes for it This further appears in the (h) Stat. Anno 23 E. 3. c. 1. Vide Coke Instit 2. 111. 4 part 6. 8. 3. Instit 120 125. Statute of Praemunire made 23 Ed. 3. which runs thus That it being shown by the grievous and clamorous Complaints of the great Men and Commons how that divers of the People be and been drawn out of the Realm to answer of things whereof the Cognizance pertaineth to the King's Court and also that the Judgments given in the same Court be impeached in another Court in prejudice and dis-inherison of our Lord the King and of his Crown c. Therefore it was enacted That none of the King's Liege-People of