even from their own Cook himself and 1. Inst §. 164. p. 110. Magn. Chart. Chart. Forrest Stat. of Ireland made H. 3. the 1. Laws we had from their very words seem all made by the sole power of the King No Commons mentioned in Stat. Merton 20. H. 3. only discreet men mention'd in Stat. of Marlbrigd 52. H. 3. But all the Commonalty is said summon'd in the praeamb to Stat. West 1. 3. E. 1. In Stat. Bigamy 4. Ed. 1. Stat. Mortemain 7. E. 1. Art sup Chart. 28. E. 1. Stat Escheat 29. E. 3. not summon'd 34. E. no Law to be made without Kt. and Burg. their Commons whom this Author would have now so great as to Govern his King far from having the least concern in publick Administrations there being in all Historical Accounts of those Antient times no mention of them in those very Conventions whereas Nobles Bishops and Abbots are expresly nam'd The greatest Colour they have for ' its Conjecture is only from the word Wites or wise-men which Constituted their Witena and the Prefaces or preambles to all their Laws imply that they were with the assistance of the Wise-men made by their King but can any person of sence and Impartial conceive this Term the more applicable to the Common sort of People and meer Laymen than to the Nobles the Bishops the Lords and then as we may well believe the most Learned of the Land their Literature sure was then but little and then I am sure that of the meaner Layity must be less certainly the word Wites will import no more than an Expressive Character of those Qualifications such Nobles were suppos'd to have that are still expressly said to be summon'd and to say that by Wise-men were Vid. also Dr. B. Answer to P. pag. 10. But still left to the King how many of those he wou'd call And per Stat. 7. H. 4. the writ was first fram'd directing a to be chosen for each County Burrough still understood the Commons such an Emphatical denomination could not be so well resented by their Lordships since it would seem in some sence to Exclude them from being so but as a Learned and Labourious Answer of this popular point has observ'd and what will nearly make it Vnanswerable that in thir Laws when the Senate was generally signified and the whole Constitution 〈◊〉 self then Wise-men or Wites expressed â—â— but where any sort of the Constituent Members are Particulariz'd there you 'll find nothing but Nobles nam'd so that such an Assembly and that all of the Nobility depending upon the choice and Election of the Prince was not much more than our present Privy Council But then they were able to make Laws and these now but Orders and Proclamations and Parliaments then were so far from Usurping upon their King that they were in a Literal sence but his own Counsellors But were it granted what the Faction so furiously contend for that Commoners Of Antient time both Houses sate together first sever'd 2. H. 4. 4. Inst p. 2. were understood by the word Wisemen they were still far from Constituting such a Senate as that wherein they now sit only some few sitting joyntly with the Nobility call'd there by their Soveraigns sole Summons and Choice and this is granted by one of their most Virulent Advocates when he tells us Hunts postscr p. 95. the Dr. has only found out what no Historian is unacquainted with that our Parliaments were not always such as now Constituted if so why then all this Labor for the proving them such why so much of the Comâ—â—ns Antiquity Asserted why must theâ—â—ess be pester'd with three or four Volums for the purpose Laborious Drudges of Sedition 't is not Jani Anglorum c. Argument Anti Norman there Antiquity you so much contend for and so little able to defend the pains to prove them Antient is only in order to make them more Exorbitant M. P. must Print their Rights and that at a time when they were even ready to Rebel and with a superfluous piece of Sedition tell them of their Power when all good People thought they Miscel Parl. Usurpt too much Hunt must Harangue upon their Integrity to their Prince and State when some have since suffered been proved Principal Actors for the Destruction of both These like the Roman Velites were fain to Skirmish in the Front and entertain the good Government their Foe with a little light Charge of the Commons power and priviledge faithfulness and sincerity 't is a Plato they permit to bring up the Body to the Battle and assail it with the Subjects supremacy and making the Commons a standing Council for the management of Affairs of State and the better Government of their King poor prejudic'd Souls that to please a party contradict themselves give all History the Lye and then constrain themselves to believe they tell a Truth you say Postscript ut sup Parliaments were not always so powerful as now and won't you be satisfyed then they had once less power All our Chronicles tell us our Kings of old never allowed such Priviledges to the People and cannot this People be contented even with an Usurpation upon their Kings And as it will from those Authors cited before plainly appear that the old Britains the Saxons and Danish Princes were far more absolute than of late our succeeding Sovereigns so was the Conqueror the Norman too for several Successions Consult Alfredus that lived A Priest of Beverley in his time and writ down to it or Gulielm Pictaviens that writ a Treatise of his Life who tho an absolute Prince by Conquest and Arms yet themselves will allow that he governed by Laws and that our English ones too yet those very Laws were then of such a Latitude that they allowed him what his Parliament of Lords would never have allowed had he been obliged to consult them he singly ordeined what of late has been so loudly clamoured for that Vid. Baker no Prelates should have any Jurisdiction in Temporals and disarmed all the common People in general throughout the whole Kingdom the first themselves tho such Sollicitors and Petitioners for the compassing it would not now allow his Majesty alone to exclude from their Votes tho for their own Satisfaction without an Act of Parliament and for the latter they 'll hardly allow tho granted by the Law and tho it be only disarming and securing some Seditious Souls that disturb the Peace William the Second layd his own Taxes on the People a sufferance no Subject Vid. Eadmerus a Monk who writ the Life of William 2d lived in his Time can sustein now but with his own consent and Permission he could forbid his People by Proclamation not to go out of the Kingdom not to be done now but with a ne Exeat a Writ and Process at Law confirmed as all others are by Act of Parliament Henry the First had 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
Romulus ordein'd an 100 Senators which grew to 300 in Fortescues time there were just so many in our House of Commons Fortescue C. 18. fol. 40. Coke 4 Inst C. 1. And had we therefore then no King their number is greater now and must therefore our Monarch be less themselves can do so that should it be allow'd what is contrary to some of the very Express Words of our formention'd Historians that Romulus was not an absolute Prince yet still here is still matter and Evidence enough to make him a Monarch and the Government of Rome Monarchical which surely Contradicts his extravagant Assertion That it was a Democracy unless he can reconcile the Contradiction of Sole Soveraignty with the Government of a numerous Senate Another of his pretty Paradoxes is that all Empire is founded in Dominion and Property and that must be understood too of a Propriety in Lands so that where a Prince has not a foot of Land he can't have twelve Inches of Power a Position that would confine some Princes Authorities in the Dimension of a Span notwithstanding Kings are said to have such long Arms but pray let this positive Politician tell me How it comes to pass that the Property of an owners Land is so inconsistent with the Prerogative of a Prince over those very Lands that he owns or why those that have the greatest Interest in this his property must presently have the greatest Portion too of Power and Property in the Government that is only to contract his Absurdity why the Peasant that has two Acres of Land and the Prince that has but one should not presently be prefer'd to be the Prince and the Prince Condescend to be the Peasant The Question might be soon answer'd with another Quere Why this King cannot be as well Born an Heir to the Crown as his Countryman to the Cottage tho the latter commonly has Land about it when perhaps a Crown may have none For certainly according to his Position a King must have but an Insignificant Power that has not a Foot of crown-Crown-lands and then to have it to any purpose to extend his Empire over all his Subjects the Hereditary Lands of the Crown must by his own Rule necessarily make up more Acres then all the Kingdom besides and as he observes that within this 200 years the Estates of our greatest Nobility by the Luxury Page 37. of their Prodigal Ancestors being got into the hands of Mechanicks or meaner Gentry by his own Platonick Dogma these Plebeians must have the Power and Aurity of our Nobles that is a Rich Commoner must presently run up into the House of Lords and a Lord perhaps less wealthy descen'd into their lower-House for they must allow their Lyes more power in our House of Peers they being a Court of Judicature which the other can't pretend too The Disorders Confusions and Revolutions of Government thâ—t would ensue from the placing this Empire and Power only in Dominion and Property which according to his own extravagant Position I think may be better render'd Demesn would be altogether as Great as those absur'd Consequences of this Foolish Maxim are truly ridiculous for we must necessarily have new Governours as often as a new Demesn All Lands are mediately or immediately held of the King as Soveraign Lord. Eliz. 498. Ass 1 18. could be acquir'd for meaner Persons must have greater share too in Publick Administration's assoon as they grow mightier in possessions But besides this simple suggestion as full of Folly as it is carries in it's self as much Faction too it is but another Invention of setting our Parliament again above our King and the making him according to their old Latin Aphorism Greater than a single Representative and less than all the Body Major singulis minor Universis Collective for he thinks it may be possible the King may have a greater portion of Land than any single Subject but I am sure it can never be that he should have more than all but this Sir Politick Ramble has wander'd so much in the wide World that his Wits are a straggling too so full of Forreign Governments that he has forgot the Constitutions of his own Is it not a receiv'd Maxim in our Law that there is no Lands in England but what is held mediately Vid. Eliz. 498. Ass 1. 18. or immediately from the King that are in the hands of Subjects does not himself know we have nothing of an Allodium here as some Contend they have in Normandy and France tho they too are by some of our best Civilians Duck. de Authoritate Lib. 1. c. 6 contradicted and as great many Eminent Lawyers of their own tell us that the Feudatory Laws do obtain and are in force through all the Provinces of France too so that their Lands are there held also still of some superiour Lords and he knows that our greatest Estate here in Fee is not properly free but held mediately or immediately of the King or Donor to whom it may revert and 't is our King alone as our Laws still acknowlege that has his Demesn his Dominion free and holds of none but God and our Lord Cook tells us whom this Gentleman may Credit as having in Vid. Cook 1. Inst C. 1. Predium Domini Regis est dominium directum cujus nullus Author est nisi Deus some things been no great Friend to the Monarchy as well as himself yet that Eminent Oracle tells us that no Subject here has a direct Dominion properly but only a profitable one not much better perhaps than the Civilians usufructuaries and what becomes now of this Gentlemans the peoples Power Empire founded in Dominion and Demesne must the King have the less Power over his Tenants only because they hold the more and can't he have a right of Soveraignty over the Persons and Estates of his Subjects without Injuring them or their property or must his Subjects according to this unheard of Paradox as this their Property grows greater encroach the further upon his Power and Praerogative none but our Elect Saints must shortly set up for our Governours and I know this Factious States-man can't but favour his Friends Anabaptists and Quakers his absurrd Politicks here Extraordinarily suit with some of their mad extravagant Principles he lets them know Empire is founded in Dominion and they thank him kind Souls and tell him Dominion is founded in Grace Two or Three whole Leaves the Copious Page 98 99 100. Author has alotted for the service of the Church and Clergy and there we find the Devil of a Re-publick has so possest the Politician that he openly declares against God and Religion and his Atheistical Paracelsus that confirms his Brother Brown's Aphorism to be none of his Vulgar Error that 't is thought their Profession to be so I mean the Doctor in his Dialogue interrogates his Matchiavel what he thinks of our Clergy why truly 't is answer'd
He could wish that there never had been any page 98. the Christian Religion would have done much better without He presumes much it seems upon his own Divinity but if that be no founder then his Politicks either of them is enough to send him to the Devil and on he goes in a tedious railing against the Frauds and Rogueries of our Church when 't was Romish all impertinently apply'd to the present that is now so much reform'd But would not the most refractory He call's ours a mungrel Church from it's Innovation he means of Ceremonies Jew take this Snarling Cur for a Mungrel Christian that libels that only Church that maintains the Gospel in it's greatest purity and as a wise Prince well observ'd the most reform'd in the whole Christian World And 't is no wonder now that such irreligious Impostors who have so little veneration for the Church should broach such pernicious Doctrines against our State to which after so long and preliminary Impertinence that half the piece is made a Preface the Courteous Traveller is at last arriv'd And first he begins with their old Factious assertion that the Soveraign power of England is in King Lords and Commons making his Majesty but one of their three States we all know when this pernicious principle was first set a foot what it terminated in BLOOD and that in the Destruction of the best of Governments with the best of Kings we quickly saw when once they had made their Prince Co-ordinate they soon set up their own Supremacy and then assoon made him none at all Did this prophetick Daemon foresee from his Astrological Judgments that his House of Commons were drawing another Scheam of Rebellion and that they had prepar'd a draught of a second Covenant not only for making our King Co-ordinate but Leveling the Monarchy with the Ground yet 't was convincing enough to me before that the broaching of the very same principles did as really design the same subversion of the State this Plot might as well have been seen in 80. when this Author and as great Incendiaries appear'd in publick and so popular and well might a late House of Commons animadvert on our Judges for suppressing such Seditious Libels which were so Zealously kind and impudently bold as to set up their Supremacy it had been ingratitude not to stand by those Villains that for their sakes had forfeited their Necks This very same Principle of the Subjects Soveraignty was Printed and publish't in 43. preparatory for the Covenant which the Commons had then call'd for out of Scotland and up rises this Ghost again in 81. as if even then it had heard for Spirits are very Intelligent of an Association talk't off in Parliament but I 'll tell him in short why the Soveraign Power of England is not in King Lords and Commons because King Lords and Commons are not all Soveraigns may not our Monarchy be call'd Mixt in Opposition to its being Absolute and Tyrannical without making it a meer Hotch-potch that if our King will have any thing of his right of a Soveraign power he must put it in Medley with that of his Subject as our Sisters are oblig'd in Co-parcenary But tho he take his Treasonable Maxim for Reason and Truth without shewing the least Law or Reason I shall shew him from all of them that it is both Irrational Illegal and a Lye First 'T is against Reason to Imagin there can be three such Powers Co-ordinate to make up one Soveraignty and that our King can at the same time pass for a Monarch for Soveraignty is inseparable from a King and that 's the Reason without doubt we promiscuously call him our King or Soveraign The King calls them Adjourns Dissolves them at his pleasure and this long Practices prov'd from the Chronicles of our Land and its Fundamental Law Speed 645. 4. Inst 27. 2. and if our Lords and Commons will assume it they may ee'n take the Crown too we saw how the participation of a Soveraign power tho it was but in a shadow and that by him that had a better pretence for the Soveraignty then all the Common Subjects can have by being the Crowns Heir was like to have unhinged the very Monarchy it self in the Reign of Henry the Second and rais'd such Commotions in the State till it was almost overturn'd And I am sure we have found and felt that this Co-ordinacy of their three States terminated at last like the participation of that Co-parcenary Prince into an insolent demanding of the whole and what they had made but half the Kings they soon made all the People's until the Government was quite run of the hooks and the Nation engaged in an unhappy War and a down-right Rebellion Does not the very Etymon of Monarchy it self express the sole Soveraignty of that Government they would make so preposterously Mixt and even Archon alone which was the next Titular Appellation the Loyal Athenians gave to the Son and Successor of their Matchless Codrus only because they thought Medon that no Succeeding Prince could deserve the Title of Tyrannus which they made to terminate with him only because they presum'd his goodness surpast imitation Tyrant then was not apply'd as some of our Inveterate Traytors have Sidney whose very Motto Manus haec inimica Tyrannis done it since in it's Corrupted sense tho to the most merciful King for a Tarquin or Caligula yet even this word Archon without addition of Sole that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that has since succeeded to make it Monarch was then an Absolute Government of one amongst the Athenians and continued so in the same Family for a long Season till at last by popular encroachments it was made Annual and this Contender for this Co-ordinate power of the People has expos'd his Damnable designs so plainly to his Disputants that his own Conscience and Soul up-brai'd him for the Villany and makes his Venetian interrupt him for making an English Monarch but a Duke of Venice tho the Doctor the Pontaeus of the Page 114. people that sucks up all the Poyson of Rebellion like that of Toads only for the Tryal of his Skill and then thinks to cheat the Devil with an Antidote He politickly opines however that he has made him too Absolute if ever there were a medley of more Malitious Villains met to Libel a Government I 'll forfeit my Page 105. Neck too it as well as they Heaven and Hell must be reconcil'd which without a Recantation will be so for their Confusion before these their Contradictory defamations can be made consistent But in this the Politick Rebels agree to secure an Odium upon our Monarchy in both extreams and making the most opposite Objections serve for one and the same purpose it 's absoluteness and Tyranny must make it all Bug-bear formidable frightful at the same time that their holding the Reins shall render it all Hobby-Horse Ridiculous and Contemptible
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
to the Commons did they or could they call this an unheard of way or Irregular Proceeding and will the protection of their House extend to an Inditement for High Treason as well as an Execution upon Debt certainly this No priviledg of Parliament holds for Treason Felony or even Breach of the Peace 4. part Inst 25. President won't be found among all the Miscellanies of Parliament tho that Industrious Author might have cited too his Majestys Murder out of their Journal But let them blush at their late Arbitrary Proceedings against their Fellow Subjects and Remember what they deny'd their King Here was an obstruction of Justice that was already a Rebellion against the Executive Power of the Law such an one as only their next Ordinance for seizing the Militia could make it more so the Serjeant that was sent to Arrest their Persons is countermanded and if again attempted 't is Order'd and Resolved they 'll stand upon their Defence and make Resistance how should the Mildest Father of the most Merciful Son Mollifie so many Tygers Tugging for the Praerogative with the pretence of Privileges Why he tells us himself went attended with some Gentlemen his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 followers much short of his Ordinary Guard to desire he might proceed against Traytors only in a free and Legal Tryal that he had furnisht himself with proof and wanted nothing for that Evidence which he could have produced But what I am sure they were resolv'd to deny their Soveraign even what they made the Rabble clamor for against himself JUSTICE the Chronicle tells us none of his Followers mov'd farther than the Stairs but only he himself with the Palsgrave enter'd the House demanded whom before he had Accus'd and the Villains themselves so Conscious of his Equitable demand and their own Guilt that they fear'd their very delivery from their Friends and that Death I doubt they had so justly deserv'd the Criminals were fled he renews his Charge and so satisfy'd returns but so were not those whom nothing could Content at last but his Life they load it with all the Obloquies and Exasperations imaginable such Protectors of Liberties could only think Treason against him worthier of Protection then their injur'd King an Execution of Law is Voted a Breach of Priviledge the demanding the Benefit of it by him that gives it it's being they made MURDER the City Guards are set up in several places the Train-Bands are Commanded down to Westminster a greater Army sure then only the Kings Retinue to protect Impeacht Traytors and with the late Hosanna's of our Old-Baily they lead in Triumph that Primitive Council of Six accus'd for High-Treason and what Security had this present King that the like Cabal should not have been as well Secur'd from his Justice had they been but detected in some of their late Sessions they were all Members too the Difference between our King and Commons in as high a ferment the Charge that then was given to the Lords the Articles that were offer'd to the Commons appear upon Record but the Counterpart of this Kings Declaration only there they had not come so far as to contrive his Murder their Accusation was for aspersing of his Majesties Government Vid. Baker p. 516. An. 1641. Vid. Kings Declar. 1683. and altering the affections of his People Countenancing Tumults against him inviting a Foreign Nation the Scots as too this Actually did and Conspiring to Levy War as these did to Raise an Insurrection And might not any Jealous Soul fear such Parliaments that protected such Traytors and might not such Traytors been again protected by such Parliaments when the City too was their own again the Guards set the Watches plac'd the Streets Chain'd and that when they could accuse no King for Breach of Priviledge or Coming to their House with Arms and the having a Guard for their house was offer'd at now when nothing but their King was again in danger and can the retrieving the Memory of those immediate Forrunners of our first Misfortunes be made a Crime And the most Flagitious Villains concern'd in it no way Criminal can Hunt Plato p. 169. such a Senate sit till it has Murder'd a King and shall not an experienc'd King secure himself from such a Seditious Senate that the design of the whole House of late was to raise a Rebellion is utterly false but that some of the late Members have actually design'd it since is Certainly true 't is attested in their Sufferings and Seal'd in their Blood The Honour of that Assembly may be no way Tainted tho both Blood and Issue of some that did sit in it is since at present so by Law a man of Common Sense can apprehend the Constitution of a Body Politick to be one thing and the Constituent Members another and this without the help of Metaphysicks or Abstraction I am Sworn besides that Natural affection I still shall have for my Soveraign to be Faithful to my Liege Lord and should I fail in my Faith I should be for-sworn I know the privilege of having a Parliament is the Interest of every Subject and should I contend against that I should be a Fool but because there is a necessity of obeying your King does the same Obligation tye you to an Vsurper A Parliament is a great Privilege to a Nation but not so when it Vsurps all sorts of Privileges that you saw took away it's head lay'd the Land of it all in BLOOD I 'll maintain with my last Breath that a Parliament is the Subjects Birth-right but God forbid we should be Born to all sort of Parliaments that would make us Traytors by a Law and we have many besides what in this Kings were declar'd by Statute Treasonable Coventry Parl. 38. H. 6. declar'd Develish by 39. H. 6. 1. Edw. 4. that of Rich. 2 Treasonable Par. Car. 1. 1641. But to return to what is the Blackest piece of Treason our PLATO was the Glorious Martyr the First aggressor too or did they first seize his Militia when they could not have it by Consent was the withdrawing of the King Treason to his Parliament or were the Parliament the Traytors that made him to withdraw did the King Rebel against his own Garrison at Hull or was Hotham the Rebel that kept out his King let even prejudice here determine what the worst of Malice can suggest Does Matchiavel he cites countenance the Licentiousness of the People or rather allow too much Liberty to his Prince and make an Hero of a Tyrant an Agathocles and Grotius whom he Libels as much when he Matchiav in Princip C. 8. qui itaque hujus viri rerum gestarum rationes animo reputaretnihil â—ut parum in eis animadverteret aur fortunae asscribendum makes him to favour a Rebellion and who has expresly Condemn'd our own After this Re-publican like a Roman Velite has held our Monarchy his Foe in play all in the front of the
3. fol. 14. upon the suffrages of such a senate whom all our Laws declare has it self no other being but what it owes to the Breath of that Sovereign over whom they would so Preposterously Superintend as to set a Council can they think that even the Spartan Ephori would have ever been Constituted had their Kings by as strong Presidents of the Laws of their Land been allow'd the Liberty of Ad moderandum Regum Libidinem Calvin's 2. edit Strasburg 1539. Chusing their own advisers or would Calvin himself have recommonded them and the Roman Tribunes the Demarchi the Decemviral at Athens had he been assured that their Decrees and Edicts had all along placed it in the power of their Prince to be advised by whom he pleased and this Rebellious Project we now are examining I am sure would prove a greater Scourge and curb to our own Kings than ever the Romans or Athenians had for the management of theirs we must turn about even the very Text and invert our Prayers to the Almighty when a Parliament shall come to Counsel his Counsellors and teach his Senators Wisdom when it shall be in the Subjects power to set himself at his Soveraigns Table you may swear he 'll be first served too and that with his own Carving and therefore were they not forc't to rase Rolls and Records for the making such a Reformation in the State Reason it self is sufficiently the Faction's Foe and as much on the side of those that are the Kings Friends For let any sober Person but consider whether the greatest Confusion Disorder and Disturbance in the State would not be the Consequence of this very distracted Opinion do we not already too much experiment the disquiet of a divided Kingdom to be most dangerous when but a tumultuous part of a Parliament too much Predominates this Gentleman 's Quarantia Plat. page 241. or if you please the Kingdoms four General Councils are to be named in Parliament and then what would be the result of it but that his Majesty must be managed by a standing House of Commons or at best some Committee of Lords they need not then Labour for the Triennial Act of the late King confirmed 16. Car. 1. 16. Car. 2. by the too gracious Concession of this His Councils once their own Creatures would have too much Veneration for their kind Creators to diswade their King from a speedy Summons of a Senate tho assured secured of its being sufficiently Seditious they would soon supersede as superfluous one of the very Articles of such a Counsellors * 4. Inst p. 54. Oath where he swears to keep Secret the Kings Counsel for by such a Constitution they would be obliged to make a Report from the Council-Board to some Chair-man of a Committee a better Expedient I confess than an order for ‖ Parl. 25. Car. 1. just so took upon them to search the Signet Office and that of the Secretary whereof the King as justly complain'd Vid. Keeper Coventry Speech to the Commons Sr. Stephen's bringing in the Books And indeed none of the Kings Services should be then called Secret they would be soon Printed with their Votes and hardly be favoured with some of their own Affairs of Importance to be referred for the more private Hearing to a Committee of Secrecy the good advise his Majesty might expect from such Councils might be much like those of late from his Petitioners And he again told to be the mightiest Monarch by condescending to be the most puny Prince My Lord Cook tells us Ibid. p. 57. those Councils are there best proposed for the Kingdom when so that it can't be guess'd which way the King is enclined for fear I suppose of a servile Complyance but here the knowledge of his Inclination would be the most dangerous to the King which to be sure would be opposed and only because known the good the King would receive from such Counsellors might be put in his Eyes and the Protection the Nation could receive from such a King must be but in good Wishes and are we come to deny our Soveraign at last what every Subject can Consult his own Friends But tho this bold Gentleman as arrogantly tells us that this Privy Council is no part of the Government his imagined one he must mean a Common-wealth I 'll tell him more modestly and Plat. page 232. with better Authority than a Dixit only of a Platonick Dogmatist that he might as well have told us too what indeed are such a Republicans real thoughts that the King Himself is no part of it and shew him both from Law and Reason that they have a great share in it to◠And that the Laws great Oracle tells us too who is so far from letting them have no part in the Government that he tells us they have a very great part even Cook 4. c. 2 Inst Stanford 72. F Senators sunt partes corporis Regis in the very King That they are incorporated to the King himself His true Treasurers and the most profitable Instruments of the State And without doubt this great part they had always in Publick administrations made them of old so much esteem'd that in all Rolls and Acts of State they were mention'd with so much reverence and respect certainly had they been no constitution allow'd of by the Fundamental Laws of our Land they would never have been transmitted to posterity with such veneration to their Memories and that too through every Reign and all the Records of Time let them have but the benefit and priviledge of a Common Burrough and let their President an Office as old as King John's Time and that Holl. fol. 169. Matt. Paris 205. by Letters pattents but have as fair play as one of their Port-Reevs prescription would incorporate them into the Government as well as entitle those to their Franchises 'T is an absolute Contradiction to Imagin that Rolls then the Rot. Par. 3. H. 6. n. 3. very Parliaments Acts or Opinions in Transcript should have recorded them so Honourably for their Publick Administration were they not allow'd by the people so much as to be Ministers for the Publick good and such Honour was given them too by our Ancestors such Semblance of Soveraignty to their Persons that their Houses had in some sense the self-same privilege of the very Coke 4. Inst p. 53. Inas c. 46. Kings Palace and Verge wherein if a blow was given it was punisht with a Fine the loss of a good Summ of Money as in the other of a Hand And is it not at present Treason to destroy them and can Absurdity it self imagin that the Laws which are made always by those that Govern would make such provisions for those that were no part of the Government And lastly to prove this proposition of our Republican but a Rebels Plot and a fair progress towards a Rebellion I 'll shew this presumptious projector
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
Distemper when some of the Seditious Souls had but gotten the Government of a single City and that but under a Soveraign their Supream and sure 't is an Argument unanswerable that those Salesmen of his Prerogative would assoon Barter your Properties See the sad experienced result of all the Democracies since their first Institution what was left the poor Lacedaemonians upon putting in Execution that popular Project their * So also in Syracuse Petalism or Impoverisht Athens her self upon such another Order of her Ostracism why both were beggar'd of their Nobility the Scum the Scoundrels of the Town turn'd the Mighty Massinello's of the State The Tod-Pole Train the product of those beggarly Elements Mud and Water Lorded it even over all the Land And those Rulers naturally retaining in this Medley this Mixture of Sway the Native Principles of that Abject Matter from whence they came still as mean as the one and restless as the other could never reduce them to composed States till they had recalled the good Governours they had Banisht before ‖ Vid Mercur polit June 17. 1652. you know all this is too true and your selves too vile Caitiffs have owned it in Prints Lastly Let your Lords too be allowed for once your only as well as it is your beloved Government Let Aristocracy for once obtain for the best and Banish your Monarch set up that Idol and fall down to the Gods of your own Hands that good Government must still be of many still of as much divided Interest there would still be many then to mind the making their own Hay in the fair Sun-shine whereas should your Prince perjure himself for the minding only his private concern and neglecting the publick good which he must do if ever he is Crown'd where an Oath is administred for his very disavowing it yet still here would be pursued but the Interest of a single Person there of so many When the rash and unadvised Romans had upon that bandied Argument the Dissoluteness of their Tarquin the popular president of the Party for the Banishing of all Kings as if the Practice of a Rebellious Rome against a single dissolute Prince and that so long since could with the same Reason prevail at present for an extirpating the Government even under the best of Princes yet this very precipitous Act of Rage and Rashness was afterward even by the relenting Romans as much repented of and their Error best understood in their following Misfortunes and of which they were soon sensible too soon saw it in their subsequent sufferings for the first Frame of Government they constituted after this Expulsion was the * Rosin Ant. Rom. L. 7. C. 9. Consular and one would think that being but of two of the cheefest among them that it might have lasted as indeed the best sort of Aristocracy coming within an Ace of a Monarch a Duumvirate yet even from those they suffered more than from the first Constitution they had abolisht their more immoderate power broke the Laws more †Consulum immoderata poteitas oâ—nes metuâ— Legum excussit Liv. Lib. a. immoderately than the Lustful Licentious and Lewd Monarch they made to fly with his Fugitive Government We shall in some other place consider the restless Revolutions they ran through from their turning out this Monarchy till they tumbled into it again This serves only to let us see that publick Administrations even in the hands but of two of the best of the People are not always the best managed What pray better can be expected when the Optimacy is made up of so many more And where then into what form to whom shall we run for the best maintaining of this popular Darling this dangerous Violation that has been clamoured for rebelled and fought for the Peoples RIGHT but to that Soveraignty which our very Laws say can do no wrong to a Monarchy where Mechanicks can never meddle with Affairs of State to make them truckle to their own or the Nobility so powerful as to be all Soveraigns and under what Prince can we better acquiesce for this enjoyment than the present that has so often declared for its Protection And shall the Speech of some Noble Peer be better assurance promise more than the word of a King All Subjects under him have either Riches or Honor for their private Aim to make them act more partially for the publick and which the Laws presume therefore they may injure and have therefore made the greatest punishable But him exempted from all * He can't so much as be a disscisor 4. El. 2. 4. 6. The King has no Peer in the Land and so cannot be Judged 3. Ed. 3. 19. Statutes that are Penal And these sort of Arguments I can assure them their King himself has used to prove the publick Interest his own and that he alone of all the Kingdom can be presumed most impartially concerned for the good of the publick A Reason worthy of so good a King and which the worst the most Seditious Subjects cannot Answer Did not the Parliament in Richard the Third's Time give even that Vsurper an Arbitrary Power greater than any they can dread now from their most Lawful Soveraign Did not * Vid. Exact Abridgment fol. 713. they declare him their Lawful King by Inheritance tho they knew they made him Inherit against all Law Did not they declare it to be grounded upon the Laws of God and Nature and the Customs of the Realm whereas we now can oppose this Divine Right from the panick fear of making our true Legal King too powerful and the Succession of a Right Heir must be questioned by our Parliaments now when their Predecessors declared it unalterable even in a wrong Did †Vid. ibid 717. they not to him but an Usurper a Tyrant own themselves Three Estates without including himself and say that by them is meant the Lords Spiritual and Temporal and Commons and shall the Press be pestered under our undoubted Soveraign and the mildest Prince to make him Co-ordinate with the People Did they not make particular Provision in * 1. R. C. 15. Parliament for the Preservation of His Person that was the very Merderer and Destroyer of His Subjects And shall our ungrateful ones Associate for the Destruction of the mildest Monarch whose greatest Care is their Protection Was this Monster ever questioned or censured for the Murder of several of His Subjects as well as the more Barbarous Butchery the spilling almost of his own Blood in his Nephews and must our most gracious one stand the mark of Malice and Reproach and that only for desending that of his Brothers who Reigned more Arbitrary and managed all Affairs more Monstrously than this very Monster of Mankind And must a Parliament be now the Manager of the mildest Monarch and think him dangerous if not governed by themselves The two Succeeding * H. 7. H. 8. Henries had their Power as much
for five hundred years before the Conquest and for above two hundred after Bishops and Abbots made up the best part of those petty Parliaments and that so long before these Contenders for their excludeing them their suffrages ever sate in that Assembly as part of the Senate And that antient piece that tells us of the ‖ Modus tenend Parl. manner of holding Parliaments tells us too that such Ecclesiasticks were always summoned Seditious Souls let those that are to take Care of them too have the same Subjects Liberty you so much Labour for Let Bishops be allowed their Birth-Right as well as your Lay-Lord-ships too your †Vid. Magna Charta the 1st thing in the first Chap. Articuli cleri Vid. Cook Com. on both 2. Inst Magna Charta was made for the Loyal Bishops as well as the Rebellious Barons and that expressly declares the Church shall enjoy all her Rights inviolate and tells us as plainly one of them was to sit in Parliament your selves know a discontented * Stratford Arch-bishop Ed. 3. Canterbury and I hope you 'll side with him because he was so claim'd for four hundred years agon his Privilege of Peerage in Opposition to His Prince petitioned for his Right and protested against the wrong for fifteen hundred years for so long our Monarchs can be Chronicl'd can in every Reign the Clergies being concerned in Parliament be proved upon Record and may they with the Monarchy last that with its Christianity commenc'd They seemed always to sympathize in their very sufferings never to cease but by consent and Bishops were never excluded from their Votes but when their King himself had never a voice The Sixth pernicious Principle they propose is for Marriages Alliances Treatises for War and Peace to be put in the power of the two Houses And shall the meanest Subjects be Mightier than their Soveraign Not allow'd the Marrying his Issue when where and to whom he pleases That the Parliament has presumed to intermeddle with this undoubted Prerogative of the Soveraign since the Birth-Right of the poorest Subject can no more be denyed then that the two Houses have also actually Rebell'd too but they never pretended to make Matches for their Monarch but when they were as ready to make War too There was somewhat of that Mutinous Ferment got among the Members in the latter end of King * James's his Reign who tho they mightily 19. Jacob. 1621. soothed their Soveraign with some Inconsiderable subsidies for the recovery of the Palatinate so small that notwithstanding the Preparation for War the poor Prince was forc'd to pursue Peace and to tell the Men at Westminster so much too that he intended to compass the Palatinate with an Allyance with Spain which he was not like to obtain from the smallness of their Subsidy and Aid But tho the Commons did not care much for the maintaining the War they were as much startled with this seeming tendance to Peace they knew their Prince poor and therefore thought that the time to show the Subject bold and so began the Puritan Party to represent in a Remonstrance Popery Power Prerogative and their Averseness forsooth to the Spanish-Match The pious Prince tho none of the boldest to resist an invading People yet took the Courage to tell them they took too much upon themselves very warmly forbad them farther to meddle with his Government ‖ Dudgdale's short View 21. and deep Affairs of State and particularly with the Match of his Son with the Daughter of Spain And this account they 'll surely Credit since it comes from an * Rusworth Col. p. 40. Author a partial and popular Advocate for this power of Parliament And did not the Commons intermeddling with an other Spanish Match of Queen Mary's send their Memberships into the Country to mind their own Business and were presently Dissolv'd for meddling so much with their Soveraign's And this I hope will be as †Burnet's Abridgm 236. Authentick since it comes from an Author that has had the Thanks of the House But this Disposal of the Kings of his own Children and the Marrying them to what Princes he pleases has such an absolute Relation to the making Leagues and Allyances that the Laws which have declared the latter to be solely in the Soveraign are as Declaratory that the other is so too and this power of the Prince of making War and Peace Leagues and Allyances is so settled in him by the Laws of the Land that till they are subverted it can never be taken out In Henry the Fifth's Time a Prince under whose Courage and Conduct the Nation I think was as Flourishing at Home as it was formidable Abroad A Prince that kept a good Sway over his Subjects and wanted nothing to the making him a good Monarch but a better Title though his Expensive War in France cost his People a great deal of Money as well as Blood yet they were far from being animated into an Invading this part of Prerogative but declared as appears by the Law of his Time that to their King belonged only to make Leagues with Foreign Princes and so fully does this Fundamental Law of the Land place this power in the Prince that it absolutely excludes all the Pretences of the People for it tells us ‖ 2. H. 5. c. 6. expressly that if all the Subjects of England should break ‖ 22. Edw. 4. Fitz. Jurisd a League made with a Foreign Prince if without the King's Consent it shall still hold and not be broken And must the Laws of our own as well as those of all Nations be subverted for the setting up a Supremacy of the People which both declare is absolutely in the King The Seventh Proposal about the Militia is the most Impudent because it has been the most confuted of any by Reason and baffled above all parts of the Prerogative Establisht by Law History tells us ever since Chronicle can Compute and that is for almost Fifteen Hundred Years that the Power of the Sword was ever in him that sway'd the Scepter and Statute tells us even the very First * Magna Charta that was ever reckoned among Acts of Parliament That if the King lead or send his Subject to do him Service in his Wars that he shall be freed from such other Services as Castle-guard and the like so that you see that extorted Instrument the result of a REBELLION reserved this piece of Prerogative of the Soveraigns Sole Right That the Members of the two Houses should have the Management of the Militia was undertaken to be proved too by that Plague of the Press Pryn himself who proceeds upon his own false Principle and Premises which he beggs and then may well draw from them a Conclusion of an absolute Lye for he takes it for granted that by the Kingdoms Suffrages they made their King and then he could not as he says have this * Pryn's Parliam
Interest in the Militia Military power without the Peoples consent but why may it not be with less Presumption supposed That a Parliament by special ‖ 12. Car. 2d c. 12. Act declared Traytors pitcht upon Him for their Pen-Man against the Prerogative and then it may be more easily concluded that Pryn was the most prejudic'd partial Person that ever put Pen to Paper for in spight of his Factious Heart he must be forc'd to confess that not only this very Charter of Liberties settled this Militia but that it was confirmed to the King almost in every Reign by Act of Parliament since the Time the very FIRST was made To the very Son and Successor of Henry that Great Confirmer of the great Grant they declare * 7. Ed. 1. c. 1. that to the King belongs to defend Force of Armour c. All that held by Knights Service the King could distrain them for the taking up Arms. By the Laws of the very next ‖ 1. Ed. 2. Reign And in his Son and Successors that Usurpt upon his †1. Ed. 3. Father's Right before it could be call'd his own they declare the manner of his Mustering and Arraying the Subject and this they did too to Henry * 4. H. 4. the Fourth A Prince that had truly no other Title to the Swords of his Subjects than what he had gotten by the Conquest of his own yet so necessary was this inseparable power of the Prince thought then to be solely in him by the People that they Acknowledg'd it to be absolutely even in him that could hardly pretend to the Crown so inseparable from the Right of Soveraignty did the Laws allow this unalterable part of the Prerogative that they have declared it Inherent even in such a sort of Soveraigns as seemed not very well qualified for an Execution of that Royal Power which the Judgment of their very Parliaments decreed to be entirely theirs They resolved it to be the Right of the Prince in the Reign of a ‖ 2. Ed. 6. c. 11. Child They resolved it so when Subjected to the Government of a * 4. 5. Mar. c. 3. Woman The Commission of Array was revived again to King †1. Jacob. James in whose Time they resolved it such a Necessary Right of the Crown that they repealed for it the very repealing Statute of the Queen This their * Lord Cook 4. Inst Oracle tells us and that in those parts of his Works which the Parliament that opposed this very power in their King themselves ordered to be Printed yet themselves could as impudently Assert against the Sense of the very Law they Published against the very Law that was reviv'd but in his very Father's ‖ Die Mer. 12. maji 41. Vid. Journal and last p. Cook 2. Inst Time that his Son and Successors tho necessitated for suppressing such Insurrections as themselves had raised †20. Jun. exact Col. p. 372. could not Issue out such Commissions of Array tho the very preamble of the Act declares the very purpose of it was to prevent and preserve the Prince from such Rebellious Subjects And in truth the Rebels were Conscious of their Guilt and that it was which made them resolve not to know the Law But presently represented in a Declaration that this 1 July exact Col. p. 386. Vid. also Dugd. p. 97. Commission was contrary to the Laws of the Land and the Libertie of the Subject tho the very express privilege the Statutable Right of all their Kings Royal Ancestors but would not those wicked Miscreants have made even the Crown an Usurpation in their King that just before ‖ This Declaration expressly against the very Words of 11. H. 7. Cap. 1. declared that it was against the Laws and Liberties of the Kingdom that the Kings Subjects should be commanded to attend him at his Pleasure And ordered * 17. May exact Col. 193. that if they should be drawn in a Posture of Defence for their Soveraign the Sheriffs of the County should raise Forces to suppress them and then how can the most prejudiced partial Person presume to tell us that this their Kings Commission was contrary to the Liberty of the Subjects when they set themselves in Contradiction to all the Laws of the Land in the very Declaration that denyed him his Array Their Eighth Proposition is for the Forts and Castles and that the Fortifying them be in the Parliaments power but even that too base Caitiffs your selves know to be by the very Letter of the Law in the Kings the very Charter of their own Liberties in this point confirms also the Soveraign's Right where it is provided ‖ Si nos ab duxerimus vel Miserimus eum in exercitum sit quietus de Custodia Castri char c. 20. Statute Keeble 2. Inst 34. that the King can dispence with the Services that are due for the keeping of his Castles when he sends those that ought to do them to serve in his Host By the very * Castle-gaurd an old Service alway due to the King 1st Inst 70. 111. 121. till such Services were taken away 12. Car 2d common Law and Custom of the Realm before there was alway such Services due to the King for the keeping of Castles And certainly they were lookt upon then to be in the Disposal of the Prince when the Subject was but a Tenant to serve him in his Fortifications And this Chapter of their very Charter I hope proves sufficiently not only that the King can command his Castles to be defended but send his Subjects any where for his Defence which the Declaration of the Commons did as Rebelliously deny But besides the taking of the Kings Castles Forts Ports or Shipping is resolved and ever was reputed ‖ Brook Treason 24. Treason and were not the two Houses Traytors then by a Law before that of this King made them so by Statute when they ordered * Parl. 1641. Vid. Exact Coll. p. 123. 21. Mart. 22. Martii upon the London Petition and that of the Cinque-Ports that all his Majesty's Forts and Castles should be presently fortified that no Forces should be admitted into Hull without the Consent of Lords and Commons seized their Kings Shipping and made Warwick Vice-Admiral of the Fleet This was a sort of accumulated Treason whose every Individual Act was truly so as if they designed that the Statutes should not declare more things Treasonable than they could dare to commit My †Cooke 1. Inst pag 5. A. Lord Cooke tells us whom they cannot but believe that no Subject can build a Castle or so much as a House of strength imbattailed or any Fortress Defensible without the Soveraigns consent much less sure shall they seise those that are the Kings and Fortifie them for the People and tells us again the * 2d Inst Comment Chart. Chap. 15 same in his Comment upon the very Charter of
Liberties and will not that neither with our Licentious Libertines be allowed for Law Is not all the Military power both by Sea and Land declared the undoubted Right of His present Majesty and that by particular ‖ 13. Car. 2 d. Chap 6. Vid. the same repeated 14. Car 2. c. 3. Act in his own Reign does not the very preamble of it seem to provide against this very Proposition of such a Parliament or a Plato when it tells us expresly that all Forts and places of Strength is and ever was by the Laws of England the Kings undoubted Right and of all his Royal Predecessors and that neither both or either Houses can or ought to pretend to the same and declares that all the late Principles and Practices that assumed the same were all Rebellious And could some of our Mutinous Members embrace such Propositions from the Press that presumed to tell them they had of late made two such Impertinent Acts in the House †Plato p. 239. 240. 277. Acts invading the Subjects Property Acts betraying the Liberties of that very People they represent In short and that in his own Words Acts that empower the Prince to invade the Government with Force Acts to destroy and ruin the State hindering the Execution of the Laws and the preventing our Happiness and Settlement had they had but the least Reverence for their own Constitution and that Honorable Assembly wherein they sate sure there would have been some Ordered and Resolved for the sifting out such a Pen-man and sentencing such Papers to the Hangman and the Flames what can be the result of this to sober Sense or Common Reason that such Villanous Authors should appear in publick at such a Session of Parliament to Censure and Arraign the very Acts of their former Representatives but that they thought themselves secure from any Violent Prosecution from those that then were sitting and that it was not the Constitution it self of that most Honorable Assembly the Seditious Sycophants were so Zealous for but only the present Persons its Constituent Members they so much admired The last the Tenth of those pretty Proposals that deserves particular Animadversion for several of them Symbolize with one another and so are by a general asserting of the Kings Supremacy sufficiently refuted is the Parliaments Right to the making Peers the prettiest Paradox that the Abundance of Sedition with the want of Sense could suggest I have heard the Laws declare the King to be the Fountain of Honor as well as Justice but the Commons I think as they are no Court of Judicature so were never yet known to be concerned in the making Lords The King whom only our ‖ 3. Ed. 3. 19. Law declares to have no Peer is sure the only Person that can make Peers has not this Power been unquestionably in the Prince ever since these Realms had one to Rule was not the Title of Baron in Edward the First 's Time confined expresly to such only as by the Kings Writ were sommoned to sit in Parliament And even when there was an Innovation in this Point In †11. Rich. 2 d. Richard the Second's Tumultuous Time this Power was then not taken from the King till they took away his Crown did not he take upon him to confer the Peerage and as the first President per his Letters Patents And Beauchamp Baron of Kederminster the First of that Creation did the Parliament ever pretend to make Peers but when the Body had rebelled against the Head and rejected their Prince But the Creation of Honors might well then be inverted when the State it self was turned Topsie It was then I confess they denyed their King too not only the conferring of Honors for the future but passed an * 4 Feb. 1651. Scob. Col. pag. 178. Act for Voiding all Titles Dignities and Precedencies already given by him But this was done to extinguish the very Remains of Royalty that there might not be left behind him the meer marks the Gracious Dispensations of the very Favor of a King the inveterate Villains labouring with their Monarch to Murder his very Memory And sure none of the Nobility have great Reason to relie upon Parliaments for the maintaining of their Old Honor or creating New for the Privilege of their Peerage or the making Peers when the very First thing that they did when they had got the Power was an †Vid. vote Journal 6. Feb. 1648. Vid. Hist independ pag. 15. perfect Diurnal p. 1250. Ordered and Resolved that the House of Peers was useless dangerous and ought to be Abolisht And all the Kindness their Lordships could be allowed was to be capable of being elected into the Lower House and what an Honourable House of Lords was afterward Establisht even by those that had purged away the Peerage may be seen in the Persons of those that Usurper put up afterward for Peers But under the Name the Notion of that other House when they granted that power of their Nomination to that Arch Rebel which they but so lately denyed their Lawful King why we had there then †See the List of their Lordships in Dugd. view pag. 454. Lords of no quality no worth little Land and less Learning Mr. Hewsons Lordship that Honest Cobler Sir Thomas Pride's Lordship Knight and Dray-man My Lord James Berry Black-Smith My Lord Barksted the Bodkin-Seller and the Cant of their Counterfeit Cromwell their Creator might well tell them from the Text not many Nobl's not many wise were called but a Creation according to the very Notion of the Schools An House like that of the World too out of nothing framed by Him that had Himself * Vid. Engagement and Protectors Oath Sworn to be true to the Government without founded in the Perjury of him that made them Peers and of Persons that would have disgrac'd a Pillory Persons prefer'd for their little Honesty little Quality little Sense Persons whose Lands and Possessions could only qualifie them to be Noble by being purchased with the Blood of our best Nobility Lastly Persons that were only samed for their Villanies Mighty but in Mischief making it an House indeed not of Peers but Correction which the very Law tells us must be made up of Beggars and Malefactors This Gentlemen was the Peerage produced †Their 19th Proposition to the King at York by a Parliament's Rebellion to make Peers of which it was too the most natural Result for that very Act upon a Just Judgment would have Tainted all their Blood but they provided here for the purpose Persons that defied superseded the Work of an Attaindure Persons whose Blood even Treason could not more Corrupt This Gentlemen was the product of that most preposterous Inversion when the * The First Feb. 6. 1648. Commons could make Lords and their Kings House of Peers with their very Titles and Honors ‖ The Second 4. Feb. 51. Abolisht by an House of Commons
they seemed to be ashamed of that very Bastard Honor of which they were brought to Bed and could not tell how to Christen the base Bantling they had begot till at last some simpering Gossips stept up and Named it an other House i. e. an House without a Name Distracted Dolts the Compounds of Madness and Folly did you for this destroy your Kings Nobility created by Law to dignifie the meanest Men the Vilest Villains against the †17. Ed. 4. an Act for degrading Nevil Marquess Montague Because not sufficient for the maintaining the Dignity adding that Men of mean Birth preferred to Honor promote all manner of Injustice Statutes of the Land did not you confess that of the Kings Lords to be a Lawful Government and the best by recalling it tho compounded of Wretches the very worst poor Prodigals whose Repentance only rendered you more Miserable and reverst the Fate of him that fed on Husks who returned to Herd with Swine Have we not had heretofore Peers by particular †Act degraded for being a disgrace to their Peerage Lords whom the Kings Law made Honorable only their Lands could not maintain their Lordships Honors and that tho Blood and Descent had entitled them to it whereas many of these their Parliament Peers had neither Law Land Blood or Money to make them so Did not the Parliament that very Parliament that Abolisht afterward our English Peers Petition the ‖ 2. Car. 1. King against Scots and Irish Titles and told him to this purpose that it was Novelty without president that persons should possess Honor where they possess nothing else and have a Vote for the making Laws where they have not a Foot of Land had their own Objection been afterward applyed to some of their own Country and that pitiful Peerage of their own chusing they must have Blusht upon the Reflection of their own Thoughts when they remember'd with what they upbraided their King The possessions of their Noble Peers being Just none at all or what was worse than nothing the purchase of their Villanies It is recorded I remember in the Conqueror's Time that Hugh Lupus Earl of Chester upon special Favor of his Prince being the Son of his own Mother by a Second Husband Arlott having Marryed Harlowin a Noble-Man of Normandy that his Earldom was granted him by William the First with as ample Jurisdiction as himself held the Crown A power I think beyond any of our present Palatinates upon which he presumed to make three or four Barons but Historians observe it was such an Honorable Concession as never any Subject before or since enjoyed and how they can presume to pretend to it now I cannot Apprehend It was alway a particular piece of Providence amongst all Nations not to render that pitiful and Contemptible to the People which they resolved should be Reverenced and Esteemed and unless we can imagine our Idolaters of the Peoples Peers would like some Infidels adore their Wooden Deities only for beeing Ugly and Deform'd or like the Israelites Worship Calves of their own Rearing I am sure that empty Title with which their Honors of that other House were only full could draw no other Reverence and Respect than that Ass in the Apologue from an Image that it carried This I remember was the result of the Petition of the Portugals to Philip the Second of Spain and he I think obtained that Kingdom too as our Republicans did once and would again ours with the Subversion of its Laws and the Force of Arms it was their request that he would not make their Nobility of which they are not a little proud pitiful and contemptible by preferring such to that Degree whose Quality could not deserve it what Peers we had when pickt by the Council of State What Lords when cullyed out by the Commons let those remember who are so ready to forget it Seditious Sots have not the Laws of all Nations as well as our own provided that this power be the peculiar prerogative of the Prince and must these Politicks would Be 's be wiser now than the wide World Do not the Digests declare those Civil Sanctions whose Authority obtain with all Civiliz'd Subjects i. e. with almost all besides our own and whose Reason can't be refuted by the best of the Rebellious Republicans that so little regard those that their so much admired Legislators their Solon or Licurgus never saw the like Laws that must be allowed the most Rational by being so generally received those †Postquam ad Curam Principis Magistratuum creatio pertinere cepit c. D. 48. 141. Ordinis vero cujusque arbitrium primo Penes Imperatorem Zouch de jure milit nobilitat pars 2. Sect. 2. tell us and the World that the conferring of Dignities depends upon the Sole care of the Soveraign that the Subjects ought not to dispute it and such a Religious Observance of this settled Soveraignty do those sacred Sanctions recommend that they Censure it for a Crime as great as †Sacrilegii instar sit dubitare An is Dignus sit quem Princeps elegit C. 19. 20. 3. Sacrilege it self to suspect his insufficiency whom the Prince should prefer some of those Laws were the Constitutions of Heathens as well as other of those that afterward learnt Christ and had not the Doctrine of his Disciples declared Kings even an Ordinance of God the pious Pagans always esteemed their Princes Sacred and such a source of Honor was in their Soveraign Emperors that even against their very Laws they could allow them to continue those Noble whom the Marriage with a Plebeian had degraded from their Nobility as Antonius Augustus did for his Neece Julia. 'T is Nonsense I confess to talk of the Laws of all Nations to those that cannot obey their own or the Decrees of Emperors for the Preservation of their Majesty to those that will break Statutes to Libel their King yet still it serves to shew that even in this very point the Laws so long before ours †Vid. Coke Calv. Case fol. 15. Coke 7. fol. 33. None but Peers of the Realm to sit In House of Peers no Peer to be made but by the King allowed this power to be the peculiar prerogative of the Prince and tho we are bound only to submit to the Singular Laws and Customs of our little Land yet still if in our Senses we must be Subject to such Laws as are founded upon an Universal Reason and for these Republicks that have revolted from that Regal Government from whence they must derive their Honors we find the best of their Nobility to be but Burghers And the very Nobleman of Venice this Courteous Author so much Caresses and Admires one that must make himself so and at best but equivalent if such great things according to the Latin Aphorism may be compared with small to a Gentleman of England who wears only a shorter Coat while the other a longer Gown 'T
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
being Rational debase his very Nature so much as to call it Justice Would they ascribe an Omnipotency to this their power of Parliaments beyond that of the Almighty and blasphemously allow to this their Created God what the Schools would not the Divinity it self to reconcile Contradiction but still these Statute Mongers that can make any Miscellanies of Parliament for their turn this they will defend to be Legal only because it was past into a Law Let it be so but still there must be much difference between this their Legality which now in their Sense can be nothing but the power of making Laws and common Justice which must be the Reason for which they are made and what is contrary to that and all Reason by the Laws of God and all Nations must be null and void otherways the most Barbarous Immoralities that an Heathen would blush at by such an indefinite Legislative would be truly Legal only because they are past into a Law Murder it self made Statutable as soon as ever those that have the power have Sign'd it for an Act. These Suggestions of Consequences are far from being extravagant because at present the Principles that lead to them are what but very lately have been Printed and Publish'd and the very Practices themselves not long since put in Execution This * Postscr p. 55. Author I am handling has made his Legislative not to be confin'd and that Plato we have pretty well examined allows his People can pass any thing for the good of the Common-wealth and then it may Polygamy too because it was practis'd in his Republick and is now tolerated amongst the Turks and what some Waggs tell us an indiscreet Member was once moving for here But that we can have hard measure for our Lives upon the pretence of a Parliamentary Power the Case of Strafford will attest and that with the pretext of a Parliament a Monarch may be murder'd The Martyrdome of our King these are too terrible Testimonies that our Legislative has been strein'd to make the greatest Injury Law and ‖ By Parl. 12. Car. 2d C. 12. That Session declar'd Traiterous Treason it self the Statute of the Land for they past an Act for the Tryal of their Soveraign and then declar'd it Legal because it was past Their God Almighty of the Law †Cook 4. Inst C. 1. p. 36 huic nec metas rerum nec tempora pono Cook himself whose Words with them is all Gospel too tho' he in his Pedantick Phraseology puts no period to this Power of Parliament yet in the very * Pag. 36. next Page condemns the self same sort of Proceeding and that was in the Case that hard Fate too of another Earl as Innocent perhaps also and as unfortunate ‖ Earl of Essex 35. H. 8. Cromwell was attainted in Henry the Eighth's time much after the same manner my Lord Strafford was in Charles the First but only if so great Injustice can be extenuated the latter was more Inhumane For tho' the First was Sentenc'd and suffer'd by Parliament without being admitted to Answer A Proceeding against our * Magna Charta C. 29. 5 Edw. 3. C. 9. 28 Edw. 3. C. 5. own Laws those of all ‖ The Manner of the Romans was to see Accusers Face to Face and Answer if you believe the Bible Acts 25. v. 16. Matt. Paris vita Reg. Johan 275. incivile videtur contra Canones in absentem ferre Sententiam Nations and of †Deuteronomy Chap. xix Verse iv The Almighty provides for the Prisoner's Defence Heaven it self against all that was Humane or Divine yet Wentworth's Measure was more hard whom they made to suffer with an Attainder after he had argued for his Life confounded his Accusers and convicted some of his own * My Lord Digby with several others Judges The same sort of Severity Sir John Mortimer met with from this Parliamentary Power upon whom they past a Judgment without so much as permitting him to be arraigned but these Barbarities of Mr. Vid. Rot. Parl. 2d H. 6. num 18. Hunt's unlimited Legislative were condemn'd even by this their learn'd Lawyer tho' he would not did not or dared not question their Authority yet damned them in his own Words * But of these says he Auferat Oblivio si potest si non ut câ—nque silentium tegat 4 Inst p. 37. Postscript p. 74. if it were possible to dark Oblivion if not to be buried in Silence but this more Dogmatical Judge with his Postscript has rather Encouraged such Injustice and Severity and represented to his Parliament a power they have of Proceeding more unwarrantably when he tells them tho the Succession of our Crown be Hereditary they can alter the whole Line and Monarchy it self by their unlimited power of their Legislative Authority But I shall also shew him that his Legislative power as it cannot justly extend to such great and impious Extravagancies yet but what we see it has been actually stretch'd to so neither can it to some other things that are less so In King Edward the Third's Time there were several Acts past that took away the power of Pardons from the Prince yet all these made void by the Common ‖ Stanford 2. 101. Law because against the Prerogative of their King And it was resolved by the Judges in King James †2. Jacob. Term. Hill Cook Lib. 7. his Reign that Himself could not grant away the power of Dispensation with the Forfeitures upon the Penal Laws because annext to his Royal Person and the Right of his Soveraignty And if what is only Derogatory from the Crown 's Right and King's Prerogative shall be actually voided by the Common Law as we see it did to the nulling three several Statutes I cannot see how this Bill of Exclusion had it past into an Act would not have been as much null and void unless it can be proved that our Hereditary Descent of the Crown is not so much the King's Prerogative that wears it as the Pardoning of a Felon or the remitting a Fine And that I believe will be difficult to be cleared by those that have spent so much Pains and Paper for its Justification and our Author himself so much Labors for so that even the Common Law it self will anticipate the Work of the Statute and perhaps his Highness need not have stayed till that of Henry the ‖ 1. Henry the Seventh Fol. 4. Que Le Roy est Person dis charge D'ascun Attainder quil prist sur luy le Reign estre Roy. Seventh had taken away his Exclusion as well as Attainder and purged away all his Defects and framed in capacities by his coming to the Crown I have but two Cases more with which I 'll conclude Mr. Hunts great point of Legislative In †5. Ed. 3. Edward the Third's Time an Act was purposely declared void that was past and the King had
trump'd up his Treatise That his Majesty 's had not an absolute Negative Voice to deny Bills of Common Right For this ‖ Plato Red. Plato tells us That His Majesty having it evacuated the very ends of Government For this Hunt Harangues and says He is so bold to say That never any Bill in Parliament Hunt p. 50. wanted the Royal Assent that was presented by the Desires of the People And I think 't is bold enough said with a Witness For is not this King left at last by the Laws of all the Land Sole Soveraign Judge what is really fit for his Peoples good to be past whereas he presumes that their bare presenting signifies the Desires of the People and that must absolutely determine the Jurisdiction of the Prince * pag. 47. He tells us when a matter is moved in Parliament by the King the Commons consent last and are therefore the Commons Co-ordinate with their King Or does that only signifie the Candid Custom of the Proceedings in Parliament The King is presumed upon his own Proposal of any matter the Party and they being consulted is only for their ‖ Consilium impensuri the Words of the Barons Writ 4. Inst p. 4. Advice as the very Words of the Writ expresly have it by which they are called and the very Etymology of their very Name the great Council expresses Controversies in such Cases will be Eternal until the Disputants agree in the same Notion of the Thing they so much dispute For otherways it is but making of Words instead of Arguments if they mean by the Legislative of the two Houses a power of Concurrence with their King in the making Laws and that their Consent is to be required they labor to prove just nothing or what they may have without so much pains and to so little purpose If they will insist upon the Natural Etymology of the very Word they will find the Derivative Legislative to be deduced as above from the Latinism Legem ferre and then in God's Name let the two Houses enjoy even of that an Arbitrary power and bring in what Bills they please so long as they will not again force upon us an Ordinance or Vote for Law and the Statute of the Land but if their Sense of this Legislative power must signifie That their Commons have as much of it as their King and That 't is that which makes their King Co-ordinate with his Commons as is sufficiently clear from their Writings that it is then I affirm 't is against Law against Reason and a Lye For the King by the very Law it self hath power to dispence with Statutes his Proclamation is a Law and an Edict and as much as any of the Decrees of the Roman Emperor's with the Advice of his Judges he will dispence with the rigor of the Laws if too severe and resolve their meaning if Ambiguous Have their two Houses whom they would have these mighty Law makers the power of repealing or so much as altering those very Laws they make without their Kings consent And tho this Laborious Lawyer observes That neither their King can pass any thing he proposes without theirs yet this his power and that when they have not so much as a Being Evinces the Prince at least supream in the Legislative The Learned in other Laws besides our own tell us a Legislative power may partly be delegated to other Persons tho Subjects and yet remain in the Prince even entirely notwithstanding such a Communication I confess the Opinion of Canonists and Civilians may not be so Authentick with some that abhor their very Names yet Grotius himself is of that Opinion and he a Person that our ‖ Plato Redivivus Republicans can cite even on their own Side but our own * Vid. Brit. Fol. 1. 4. Inst 70. Laws allow it or else I think our Judges too might make themselves Co-ordinate because their King's Commission communicates to them all the power of destributive Justice that is in the King We are told the King has committed all his power Judicial some in one Court some in another and therefore the Judgements run Consideratum est per Curiam c. and ‖ 8. H. 4. 19. 'T is resolved That if one should render himself to the King 's own Judgement it would be of none effect yet for all this it would be false to affirm That he does not do justice because he has delegated it to others to be done The King does not put in Members of Parliament as he does Judges yet Peers he makes and calls them to Sit and Commons cannot come without his Writs for Election but certain it is that our Kings once had a more absolute Legislative for they all know their Lower House commenced but so late and heretofore their Nobles and Bishops but such as the King should be pleased to call And I cannot imagine that when our Princes admitted the Commonalty to be concerned in the making Laws they then designed he should lay aside his own Legislative or put it in Common as they do their Land in Coparcenary or in their great * Coke 1st Inst Corp. Coke's the learned Lawyers Language make an Hotchpotch a Pudding of his Prerogative If every Politick Body that has but a share in this Legislative must also be presum'd to participate as much of it as the King I can prove to them every petty Corporation Co-ordinate with their great Convention of States and even a poor Parish as great Legislators as an House of Parliament for by the Laws of the Land even those can make their By-Laws without Custom or Prescription if they be but for the good of the * Pour Reparation del ' Eglise d'an haut voy c. 44. Edw. 3. 19. Publick and if they can but prescribe to it may pass any private Acts for their own The Civilians make their Law to be the Will and pleasure of their Prince But tho our ‖ Bracton l. 1. c. 9. Antient Lawyers would not expound that absolutely for our †Fleta l. 1 c. 17. own yet they seem to make it but little less only say it must not be meant with us of his unadvised Will but such an one as is determined upon the Deliberation and Advice of His Council Pryn that preposterous Assertor of this their Legislative has furnished them sufficiently with as contradictory Arguments as absurd as irrational Inferrences for its defence He tells us in his Treatise * Pryn's Treatise for the Peoples Legislative that Kingdoms were before Kings and then the People must needs make Laws that I confess setting aside the very Contradiction that there is in Terms For certainly the Word Kingdom was never heard of till there were Kings to Govern He might as well have told us of a Derivative that was a long time before the Primitive but bating this Solecism in Sense and Speech well meaning Will designed it perhaps for
the Word Country that was I believe as well as he antecedent to the King but must it be inferred because the Land was once without Kings therefore now no Kings must govern the Land For the Conclusion is as absurd to say That therefore the People have the Legislative and their Prince no Negative they do not consider the result of such rash Inferences which return upon themselves more stronger in the rebound and that even upon their tenderest places which they can hardly suffer to be touched Kings and Lords did a long time meet in Parliament before Commons in that Convention were so much as thought of and therefore must none now be convened The Papists proudly tell us their Religion was long before Luther and must we not now profess our Protestant Religion Another of the same Nature and as much Nonsense is * Ibid. this They infer from the possibility of the King 's dying without Heir and the Government returning to the People who then would be the Sole Legislators That therefore they must have much now of the present Legislative and be at least Co-ordinate that have a possibility of being Supream The Supposition sounds somewhat like the Song of the Children When all the Land is Paper c. Tho it spoils another good Proverb That no Man dyes without an Heir but the silly Souls do not consider that by the same Solecism and Supposititious Reason not a Subject has a Right to a Foot of His Land For the Law says All that is in England belongs to the King as ‖ 12. H. 7. 20. Coke 1. Inst p. 1. Lord which if the owners dye without Heirs must escheat to the Crown and sure 't is as possible for any Subject to dye without Heirs as his Soveraign when the †25. Ed. 3. Treason to destroy the Heir of the Crown Law has taken special Care for them and then 't is but turning their possibility of a Right into an actual one and they will be the most obliging Subjects to the Crown that bring such Arguments against it Another of * Pryn his Treatise ibid. Pryn's pretty Paradoxes is the very same with ‖ Postscript pag. 51. Hunt's impudent Assertion I may with Modesty call it so since himself says he dares to be so bold to assert it It is that our Kings anciently always consented to Bills offered for the publick good and the Postscript that never any Bill was lost or wanted the Royal Assent promoted by the GENERAL DESIRES of the People That Bills have been rejected they 'll find upon Record and in the Journals of almost every Session and whatever is presented in Parliament must be supposed the Desires of the People who Sit themselves there in Representative but the mistaken Gentleman meant it of the Bill of Exclusion to be the Peoples General Desire but that at last he finds a Lye too and that the Generality have for the most part protested against it in Addresses declaring more the Sense of a People than a prevailing Party in an House of Commons when the best part of the Nation too the Lords did not concur But did not in * Vid. Camb. vit Eliz. 106. Edocta fuit quantum emineat a successore designato periculum Queen Elizabeth's Time and that even so lately the Parliament and even every Individual in the Nation desire her to declare her Successor I am sure with greater Sollicitation and a more general Unanimity than they could be said to desire that Exclusion of the present King's did not the two Houses offer her four subsidy Bills upon that very Consideration and she as resolutely reject both And could the refusing to shew even a Kindness to her next Successor upon the importunity of all her People with Money in their Hands be less resented And shall the King for declaring only against a Bill that was never tendered him for declining to concur in this deepest Injury to his own BROTHER and Heir and to pleasure those only that denyed to part with a Penny be reproached and condemned so much more Did not the Parliament tender to King James three several subsidies to break of the Match with Spain and the Treaty of the Palatinate and he refuse tho tempted with what is seldom the Subjects Bait Money How many Bills of Rebellion did the Mutinous Members and that in the Name of all the People prefer in their Propositions to our Martyred Soveraign to which the poor Prince prefer'd the most Ignominious Death rather than condescend with his Veult or Avisera * Hunt's Phraseology pag. 94. Base Caitiff forgive but your own Billings-Gate should these neither have wanted the Royal Assent because offered in the name of all the People of England and as the general Desire of the Subject if that Suggestion must have extorted his Assent then mighty Miscreant he must have past an Act for his own Tryal Sign'd a Warrant for his Murder for in that name he was Arraign'd †Vide Bradsh K. Tryal in that name he was Sentenc'd and in that he dyed Poor prejudic'd Soul whose discontent and Transport makes his own Maxims undermine the very Cause he would defend Is then this general desire of the People such an absolute infallible Determination of Matters of Religion and Descent of the Crown the very only points he labours for that if their Desires be but promoted put up in a Parliamentary way by Bill or Petition it must presently oblige the Royal Assent Be it so base Creatures your own Arguments as basely betray your own Religion your own Arguments well help truly to subvert that which you seek to Establish with such a furious but false Zeal for ought I know the Protestant Religion had been so setled in its Infancy in its first efforts of Reformation in the Reign of him that was the first Defender of our Faith that it could never have been so often interrupted with a succeeding Persecution had but Henry the Eighth refused the Bill of the * 31 H. 8. Six Articles prest upon him by both Houses this was Judged a just and necessary Bill from Hunt's General desire of the People but had it not been better had it not saved the Blood perhaps of all the mighty Book of Martyrs had the sturdy Prince rejected this as he did many other general Desires It was this Royal Assent alone which would to God it had been wanting and this Sycophant would have wish'd so too did he really love the Reliligion he so falsely labors for It was the Le Roy vult the result of the Peoples importunity that then establish'd that Religion by a Law which had it been but then neglected that which our Zealots make such fearful clamor at standing upon its last Legs had quite languish'd dropt into the Grave and been buryed in the Ruins and Rubbish of its own Religious Houses they demolish'd For in the latter end of his Reign so enraged did he seem
Pol. Numb 92. March 11. 1652. calls its Principles Brutish That Panegyrist of the Usurpation some of whose most Villanous Expressions I may hereafter revive for the Reproach of the last Age that suffer'd such a Miscreant to Murder Monarchy it self from the Press when they had Butcher'd it before on the Block and for the Information of this that think themselves so hardly dealt with when only their own Treason and Sedition is less severely handled That Opprobrium of Man as well as Subject That pursued the Sons of the Martyr'd Soveraign in such scandalous Satyr and bitter Invective such Satyr as themselves would think but rudeness if offer'd only to the very mark of Infamy their Perjur'd Evidence or their Pillor'd Oates such Invective as themselves would think Inhuman were it past upon Beasts or their own more Barbarous Regicides This most unnatural lump of Anarchy whom but to name is to digress into necessitated Horror and Detestation he publish'd too this very same position only in plainer Words and more expressive Treason viz. That the People were not only Judge of his Majesty but That it be made an unpardonable Crime to incur the guilt of TREASON against the MAJESTY of the PEOPLE * Ibid. and notwithstanding those gaudy things call'd MONARCHS the PEOPLE always made a shift to bring them to an Accountable Condition For this the Plato Redivivus or the Politick Plagiary ‖ Plat. Red. page 39. founds all his Empire and Dominion in Property according to the Doctrine of the Ancients or Oliver's old Oceana only a new Babel built upon Rebellion For by this their own Maxim of Balance or Property the People must be the supream Judges of their King and so the only deciders of their own Case for tho the King may be said to have and surely has more of this Property than any single Subject yet they are satisfi'd he can never come to have more than all unless we could imagin he had in actual Demesne the Major part of every foot of the Land in his whole Dominions tho I think I have shown in some foregoing Section in what Sense even the Law will allow the Soveraign to have some sort of propriety over all So that this their Ancient Prudence or Empire in property will allow the Collective Body of Subjects to be the best Judges of their own Case nay necessitate them to be so tho not some certain Subjects But then tell me Seditious Dolts the disparity between these Maxims you so much admire for their Antiquity Brutus's Vindiciae quest 4. p. 169. ut singuli Principe inferiores sunt sic universi superiores or Rex major singulis minor universis Pryn Parliam Rights as if founded upon Eternal Truths and the Doctrine of a Brutus or a Pryn the very Words of our Modern Common-wealths-Men which almost all the World will allow to be great Lyes and what does Hunt's Harangue tend to but to maintain all the very same Position of this Peoples judicial Power Does he not for this tell us That no * Postscr page 71. Civil Establishment but is controlable to the publick Weal ‖ Page 73. That the Crown is the Peoples Right and in a word in the very words of that Monster in his Mercury I mention'd above A Miscreant that did not dare to see the Light till the Monarchy it self was involv'd in its darkest Cloud and in his lewd Language does this illuminated Lawyer open too even in this very Case viz. That Treason may very well be committed against the Majesty of the People and the same says The Counterpart of this excellent Lawyer ‖ Ibid pag. 73. Will. Prin against the King's negative voice Wil. Pryn in one of his Treasonable Treatises Pamphlets or wast Papers Here you see the Harmony and agreeableness between the several sorts of these Seditious Demagogues that is the Seducers of the People according to the very Literal Etymology of that very word they so much delight in and Mr. Sidney when he says there being no Judge Tryal page 23. between King and People that therefore the Case admitting no other they must needs be Judges of things happening between them and him is just no more than what you see all those I have cited before have all all to a syllable said Could I distort my Soul and my little Sense so much as to wrest it for a while to play the Republican i. e. to be Senseless and Seditious sure common Prudence would prevail with me not to labor so much in such a Subject where the most sublimated Wits with their most exalted Sense can never say any thing that is really new any thing besides what has been as much baffl'd of old especially where the pains must be as unprofitable as the argument dangerous and well it may that sets up for a Common-Wealth under a Monarchy so well establish'd But since we have here seen all what such a series of time and such a number of Sedulous and indefatigable Authors have said upon this point they surely cannot but forgive us only for asserting this point of the Government which they with less Reason are so ready to oppose when our attempt if it merit nothing cannot be condemned from any Law only for defending its own Establishments and theirs for disturbing the publick Peace must be liable to be punish'd by the Laws of any Civil or Human Society But to take no advantage from our having the better end of the Argument consider the Case only in the absolute Abstract of pure and unprejudic'd Reason and Equity Mr. Sidney says ‖ Ibid p. 23. 'T is a most absurd folly to say a Man might not in some The words of a late learn'd Loyal Lawyer of our own are expresly the same Persons must not be Judg'd and Party Jenkins Lex Terrae Ed. London 48. Page 16. places kill an Adulterous Wife or a disobedient Son or Servant because he would there be both party and Judge tho the Romans for that Reason would have kill'd him that ston'd his Son to Death I don't know what Civil Society allows of such a sort of Severity or what Barbarous one he had been bred in but I am satisfi'd that for that very Reason they being the Parties most offended have therefore sure the less Reason to animadvert on the Offence unless we could imagine them God Almighties too as well as Governors that had Iâ—justice for their all their Attribute and nothing of Human Passion or Frailty from their suffering injury to transport or deceive them in their executive power beyond the Measures of its Administration The Sons of Brutus had sav'd once their ungrateful Rome from a Foreign Foe as well as the Father had delivered it from the Domestick Slavery as the Democraticks of those times termed too their Rebelling against their perpetual Tyrant their Caesar or their Prince yet so transported were the People with the unsuccessful Attempts of those
unhappy Youths only for the thought of restoring that much better piece of Polity the Monarchy they had help'd but so lately to subvert that without the least Consideration of their past Services they soon sentenc'd them to suffer But were it granted them That in some places the Parties are permitted to be the Judges Does that argue for the Reason and the equity of the thing that they must be so in all others 't is sure a very sorry sort of an Argument that will conclude from a particular wrong to an universal Right 'T is such an one as themselves would not allow of in the like Case when it makes for the Monarchy For when 't is objected to them that God in the Sin of his Servant David did somewhat signifie he reserv'd the judging of KINGS to himself the King of Kings and Judge Vindiciae Quest 2. of all the Earth and that therefore the Elders of the Israelites or their Seventy which Brutus says were then to ' constitute their supream judicatory we see did not or could not call him to Account Falsa est conclusio non debuisse poenas de delicto aliquo sumi quia semel sumpte non sunt de jure Magist Franckfort page 72. Quest 6. why truly to this it is answered by his Predecessor in his Principles that Plato to this Aristotle That Author de jure Magistratuum That it is a false Conclusion to say Kings ought not to be punished by the People because David or any particular King was not I shall grant this renown'd Republican more than he 'll be willing to accept of especially in one of his Instances of the Father tho party to have heretofore been judge even in Capital of his Sons Offence tho against himself but that was when the Government of almost all the World was purely Patriarchal and then he had the same Despotical power over his Wife and Servant his whole Tribe and Family and even as their Aristotle a Common-wealth-man insinuates to us in his Politicks those ruling Fathers afford us the Foundation for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ethic. Lib. 8. c. 12. all Monarchy but says Sidney There being no mean Judg between King and People therefore they are his Judges and their own and why may it not be as well said therefore he is both his own Judge and theirs there is no one to mediate even in his own Instances between the Father and Son Husband and Wife Master and Servant and does therefore the Son Judge the Father the Wife the Husband and the Servant the Master or are either of them therefore the Judges in their own Case Certainly with Men of Common Sense the Supream power must conclude the Judicial too and that even themselves seem to suggest tho it be bottom'd upon a false Principle when they place it in the People For they tell us themselves in their old Antiquated Aphorism when they consider them Collectively they are satisfied they have the supremacy and then they would be not only Judges in their own Case but would for ever Exclude their King from being Judge but the very Foundation of this piece of folly under any Monarchy must needs be false and so the very Babel they would build upon it must needs fall into Confusion But to give a farther Confutation to this first Maxim of this Antimonarchist tho it be really no more than what was Printed in the Rebellion in another pernicious piece besides what we have mention'd above It went under the Name of a Treatise of Monarchy and its Author Anonymous who very fairly puts it in the very power of every Man to Judge the Illegal Acts of his Monarch * Treatise of Monarchy p. 28. But yet will not admit it to argue a superiority of the Persons Judging over him that is Judged and indeed 't is such an Inference as seems to be just as full of Folly as Faction only they that would make the People supream for it are the more lying Knaves and this that would make them decide the matter without the more Factious Fool for when you ask these Sophisters in policy if a Soveraign transcends his Bounds who shall be Judge of that excess of Soveraignty why themselves tell us there is no Judge and yet will have the People and the Party to be so but what if I should for once force them upon some shadow of Argument and tell them the Fundamental Laws of the Land to be the best Judge Yet still they be at a loss for this THEIR Judicatory for the King who is the Fountain of all the Laws is the best Judge too of their being violated But besides the very Supposition of such a Violation of the Laws by our own Soveraign is as false in Fact as 't is expresly against those very Laws to suppose it for by * Vid 4. Eliz. 2. 46. Ne poet estre diseisor ne faire ascun tort also 4. Ed. 4. 25. B. those he is declar'd to be never able to do any wrong and so his Subjects cannot be injur'd by him or the Statutes violated when by those very municipal Sanctions he is still presumed to do right but besides Regal Authority cannot in Reason be subject to the Penalty of any positive Laws tho it may perhaps be oblig'd to the Observances And this made as ‖ Sir Walt. Raleigh History of the World So the Civilians as Paulus says the Prince does do well to observe those Laws to which he is not oblig'd Learn'd a Person as any our Land bred to distinguish this Royal Obligation into the directive and coercive part to the first he thinks them somewhat subject tho never to be compell'd with the latter Consult but your Bibles and the most curious Decet tamen Principē servare Leges quibus ipse solutus est ut inquit Paulus d. 32. 1. 23. of our Common-wealth's-Men will hardly discover what these illuminated Virtuoso's of the State have of late brought to light that any of the Kings among the Israelites or the Men of Judah were tied to the Laws of their Land That very Description that Samuel gives them of their Soveraign Saul which our Democraticks delight to represent so very grievous and intolerable and which the late Mercury-maker calls the giving them a King in his Wrath Merc. pol. Num. 65. yet that serves sufficiently to satisfie these mighty Murmerers that the Nature the Constitution of Monarchy was look'd upon then to be much more Arbitrary than themselves the most Seditious Subjects would well allow or our present Soveraign aim at or offer For he tells them The manner of a King must be to 1. Samuel C. 8. verse 11 12 c. take their Sons for his Service set his Souldiers to devour the product of their Ground seize their Daughters for Cooks and Confectioners their Vineyards and their Seeds their Cattle and their Servants all must be his such an absoluteness and even an Opprestion that
Actually done it were de Facto void besides if the Subject was freed in that Case it would be the result of the Soveraigns Act. they must suppose him at the same time as simple as themselves that suggest it and could they give us but a single Instance or force upon us any President all they would get by it is this That as their supposition was without sense so their Application would be nothing to the purpose for such a matter of Fact of their Kings would make him de Facto none at all I know they can tell us of one of our ‖ That alienation of King John was suppos'd to have been an Act of State and it has been adjudg'd particularly by particular Parliaments That even a Statute for that purpose made would be of no force It was resolv'd so â—n Scotland too own that lies under that Imputation of making over his to the Moor And of others that in the time of the Popes Supremacy resign'd themselves with submission to the Holy See for the first the most Authentick Historians not so much as mention it and were it truly matter of Fact that King had really no thing to resign for the Republicans of those times were the good Barons that Rebel'd and had seated themselves in a sort of Aristocracy before in short if it were solemnly done it would look like the Act of a Lunatick if not at all as is much more likely their Historians Labour in a lye and for the other we never had a Soveraign that Submitted the Power of his Temporal Government of the state to the Pope's See but only as it related to the Spiritual Administration of the Affairs of the Church and the Religion of the Times These sort of Suppositions have so much Nonsense in them especially when apply'd to Human Creatures and more then when to Monarchs that have commonly from Birth and Education more Sense than common Mortals that there is not so much as a Natural Brute but will use what he can manage as his own with all imaginable Care and Discretion How tender and fond are the most stupid Animals how do they most affectionately express that paternal Love for the Preservation of their little Young how abundantly do they Evidence that Natural * Posts C. p. 113. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with which Mr. Hunt gives us such a deal of impertinent disturbance and why cannot the King of a Country whom the Civil and Imperial Sanctions represent as the ‖ Princeps Pater patriae est D. 1. 4. 1. Atrocius est Patriae parentem quam suum occi dere Cicero in Philip 2d Father of it too be supposed to retain as much a paternal Care for its Conservation we do not find even in that their Free-State of Nature or that Common-wealth of Wars the Republick of unruly Beasts where there is the least Relation or resemblance tho perhaps they have power and opportunity that they delight to devour and destroy and much less do they covet the ruin of that from which they can reap somewhat of Advantage by its Preservation why then should we fancy Human beings and the best of Mankind Monarchs themselves whom th' Almighty has made * I 've said yee are Gods Psalms Gods too to be guilty of so much Madness and Inhumanity Where do we find the worst of Fools designedly to destroy their Patrimony though many times through Ignorance they may waste them and that tho there were no Laws to terrifie them from turning Bankrupts or punishing them for Beggers when they have embezell'd their Substance Away then Malicious Miscreants with such sordid Insinuation such silly Suggestions against your own Soveraigns which your selves no more believe them likely to be guilty of than that they would set Fiâ—e to all their Palaces and Sacrifice themselves and Successors in the Flames But to Return to our Argument they 'll tell us perhaps What signify the Sanctions of the Imperial Laws and the Constitutions of an Absolute Empire to a Common-wealth or a Council of three States that are Co-ordinate or at most but a Monarchy Limded and mixt and where whatever power the Supream Magistrate has must have been first Confer'd upon him by the People where the Parliaments have a great part of the Legislative and their Soveraign in some sense but a Precarious Prerogative what signifies the Authority of a Britton or a Bracton whose very works by this time are superannuated who wrote perhaps when we had no Parliaments at all at least ∥ none such as now * Hunt allows that himself posts p. 95. Constituted I won't insist upon in answer to all this to show the Excellency of the Civil Institutions that obtain o're all Nations that are but Civiliz'd I wont prove to them because already done That we don't Consist of three States Co-ordinate in the Legislative or that our Monarchy is Absolute and not mixt as I shortly may But yet I 'll observe to them here †Postquam populus Romanus Lege Regiâ in principem omne suum Imperium potestatem solum Contulit ex illâ non sub diti sed etiam Magistratus ipsi subâ—iciuntur Zouch Elem. p. 101. That the Romans themselves tho by what they call'd their Royal Law they look't upon the power of the Prince to be conferr'd upon them by the people yet after it was once so transferr'd they apprehended all their right of Judging and Punishing was past too And for their vilifying these Antient Authors and Sages of Law who did they Favour these Demagoges would be with them of great Authority and as mightyly searcht into and sifted Should I grant them they were utterly obsolete and fit only for Hat-cases and Close-stools that they both writ before the Commons came in play for their further satisfaction I 'll cite the same from latter Laws not two hundred years old and that our selves will say was since their Burgesses began And therefore to please if possible these Implacable Republicans I 'll demonstrate what I 've undertaken to defend from the several Modern Declarations of our Law For in * Edward the 3d. Edward the Third's it was resolv'd that the King could not be Judged And why because he has no Peer in his Land and 't is provided by the very first Sanctions of our Establisht Laws by the great ‖ Magn. Chart. cap. 29. No Freeman will we Imprison or Condemn but by Lawful Judgment of his Peers Per parium juorum Legale Judicium And my Lord Coke tells us they are to be understood of Peers of the Realm only when a Peer is to be try'd Comment upon the very words 2. Inst which he more fully explains in 's Comment on the 14. Chap. of Char. where he says pares is by his Peers or Equals for as the Nobles are understood by that word to be all equal so are all the Commons too ib. p. 29. Where note the form of this very Charter
clamored for with Tumult and Insurrection and was indeed more to be condemn'd than any of those Miscarriages the Seditious and Trayterous Assembly that deposed the same Prince did ever His deposers within the 25 of Ed. Coke Treason Object for if their Free-hold can't be call'd their Birth-Right then there 's hardly any thing of Right to which they can be born And yet we see that the King and his Council had heretofore Cognizance even of that as it appears from the Commons Petitioning him against it and his Answer which was That tho he would remand them to the Tryal of their Right by the Law and not require them there to answer peremptorily yet he did reserve the power at the suit of the Party to Judge it where by Reason of Maintenance or the like the Common Law could not have its Course then we may conclude that the judicial power was absolutely in the King and this was also at a time when this Richard the 2d was but a Minor no more than thirteen years old and so this his Answer without doubt by the Advice of the wisest of his Council and the most learned of the Land And for this reason notwithstanding it is provided by that Chapter of the Great * Mag. Chart. 9. H. 3. c. 29. Cap. 14. Charter none shall be Diseised of his Freehold but by Lawful Judgment of his Peers tho the Right was tryed before that sort of Statute by common Law as my Lord ‖ 2 Inst pag. 49. Coke observ's upon it by the verdict of 12 Peers or equal men yet still I look upon the King to remain sole Judge in every Case whether Civil or Criminal for these Peers are never allow'd to try any more than bare matter of Fact and the Soveraign always presides in his Justices to decide matter of Equity and Law And those †The writ of Conviction was the same with an Attaint and that was by Common Law too Coke 2. Inst p. 130. Vid. 3. Inst p. 222. 1. Inst pag. 294. 13. and tho this Judgment is given by no stat yet there are several Stat. that inflict penalty and that even in trespass where damages but 40. sh 5. E. 3. Chap. 7. Vid. also 28. E. 3. c. 8. 3 ◠E. 3. c. 4. 13. R. 2. and several other Stat. in H. 4 5 6 7 8th times about it very Laws to which he gives Life too and whose Ambiguities he resolves themselves also sufficiently terrifie the Jurors from pretending to give their own Resolutions by making them liable to the severe Judgment of an Attaint if their Verdict be found false i. e. to have their Goods Chattels Lands and Tenements forfeited their Wives and Children turn'd from their home and their Houses Levell'd and their Trees pluckt up by the Roots and their Pastures turn'd up with the Plough and their Bodies Imprison'd A sort of severity sufficient one would think to frighten the Subject from assuming to himself to decide the judicial part of the Laws and for this Reason in all dubious Cases for fear of their bringing in a verdict False they only find the Fact specially and leave the determination of it to the King in the Judges that represent him And as this was resolved for Legal even from the Common Usage and Custom of the Land confirm'd as you see by several Acts of Parliament so was it maintain'd also by those very Villains that had subverted the Government it self and violated all the Fundamental Laws of all the Land for when Lilburn a Levelling and discontented Officer a Lieutenant of Oliver's Army was put upon his * Vid. Lilburn's Tryal 24. Oct. 1649. Printed the 28. of November 1649. Page 3. Tryal for Treason only for Scribling against the Usurpation for which he had fought and as he boasted to the Bench to the very butt end of his Musket against his Majesty at the Battel of Brainford and the mutinous wretch only Troubled and Disgusted because he had not a greater share in that Usurp'd Power for which he had hazarded his Life and Fortune when he came to be pinch'd too with that Commission of High Court of Justice himself had help'd up for the Murdering of his Soveraign and his best of Subjects no Plea would serve him but this popular one which the Lieutenant laboured in most mightily that his Jury were by the Law the Judges of that Law as well as Fact and those that sate on the Bench only Pronouncers Ib. p. 121. of the Sentence and truly considering they were as much Traytors by Law as the Prisoner at the Bar he was so far in the Right that his Jury were as much Judges as those Commissioners that sate at the Bench yet even that Court only of Commission'd Traytors and Authoriz'd Rebels thought good to over-rule him in that point and Iermin one of the Justices just as Senseless in his Expression of it as Unjust and Seditious in the Usurpation of such a Seat in Judicature when no King to Commission him In an uncouth and clumsie Phrase calls his Opinion of the Juries being Judges of Law A Damnable Ibid. pag. 122 113. Blasphemous Heresie never heard in the Nation before and says 'T is enough to destroy all the Law of the Land and that the Judges have interpreted it ever since there was Laws in England and That contradicts directly out of their own Mouth the Doctrine of William Pryn of his Parliaments Right to it Keeble another of the Common-wealth-Commissioners told him 'T was as gross an error as possible any Man could be guilty off and so all the Judges even of a power absolutely Usurp'd and wherein they profest so much the Peoples Privilege over-rul'd the Prisoner in his popular Plea 'T is true Littleton as Lilburn observ'd to them in one of his Sections says Littleton Sect. 308. That an inquest as they may give their Verdict at large and special so if they 'll take upon them the knowledge of the Law they may also give it general But the Comment of Coke their own Oracle upon the place confirms the Suggestion I have made of Resolving it into the King's Judges For he says 't is dangerous to pretend to it because if they mistake it they run in danger of this Coke Com. ibid. Attaint and tho the fam'd Attorney General of those times with his little Law was so senseless as to allow it to Lilburn in the beginning of his Tryal tho at another at Reading in that time of Rebellion Prideaux Liburn's Tryal page 17. Ibid. page 123 they made the Jury to be covered in the Court upon that account yet you see those even then the Justices of the Land tho but mere Ministers of a most unjust Usurpation would not let it pass for Law And the Refutation of this false Position is so far pertinent to our present purpose as it relates to prove the Peoples being so far from being qualified to
prevent these very Rebels and Republicans in such Factious Inferences did they for two hundred years agon in the first of Richard the Third Resolve what was â—â—gnified by the three Estates of the Realm for say they That is to say the Lords Exact Abridgem Fol. 117. p. 1. H. 3. â—piritual Temporal and Commons and even long since that much more lately out in the Reign of Queen Elizabeth in that Act of Recognition of her Right where they endeavor to advance her Royalty as much as possible they can and â—â— make the Crown of this Realm as much Imperial there they tell her 'T is WEE your Majesties most faithful and Keeble Stat. 1. El. C. 3. and does not their own Oracle tell them so L. Coke 4 Inst C. 1. Parliam Obedient Subjects that represent the THREE ESTATES of your Realm of England and therefore in King James and Charles the First 's time â—hen the Commons began to be mutiâ—ous and encroach upon the Crown â—hen they having with the help of their â—â—merous Lawyers which were once by â—articular Act excluded the House and H. 6. if less had State in it perhaps it might have been once less Rebellious too those Gentlemen knowing too well the weight â—f Words and what Construction and Sense Sedition and Sophistry can deduct 4. Inst Stat. de Bigamis concordatum per Justiciarios 2. Inst ibid. Stat. West 2. 13. Ed. 1. Dominus Rex in Parlia mento suo Statuta edidit 2. Inst 331. Stat. Circumspectâ— agatis 13. Ed. 1. begius Rex talibus Judicibus Salutem and tho some would not have it an Act of Parliament my Lord Coke says 't is prov'd so by the Books and other Acts 2. Iust page 487. from a single Syllable I am confident it was they contriv'd the Matter and Method so as to foist in the Factious form of this Be it enacted by the King Lords and Commons for that is the General Stile of the Enactive part of most of the Statutes of those Times and this was most agreeable with their mighty Notion of his Majesties making but up one of the THREE that so they might the better conclude from the very Letter of their own Laws That the TWO States which the Law it self implyed now to be Co-ordinate must be mightier and have a Power over their King whom the same Laws confest to be but ONE and the Reason why the forms of their Bill and the draught of the Lawyers and the Lower-House might be past into Act without any Alteration or Amendments of this Clause was I believe from a want of Apprehension that there ever could be such designing Knaves as to put it in to that Intention or such Factious Fools as to have inferred from it the Commons Co-ordinacy For the Nobility and Loyal Gentry that have commonly the more Honesty for having the less Law cannot be presumed so soon to comprehend what Construction can be drawn from the Letter of it by the laborious cavil of a Litigious Lawyer or a cunning Knave and therefore we find that those Acts are the least controverted that have the fewest Words and that among all the multiplicity of Expressions that at present is provided by themselves that have commonly the drawing of our Statutes themselves also still discover as many Objections against it to furnish them with an Argument for the Merits of any Cause and the Defence of the Right of their Clyent at the same time they are satisfied he is in the wrong And for those Enacting forms of our Statutes whatsoever Sense some may think these Suggestions of mine may want That some Seditious Persons got most of them to run in so low so popular a Stile in the latter end of King James and Charles the first 's time such as Enacted only by the Authority of the Parliament 21. Jâ—â—â— by the Kings Majâ—sty Lords and 6. Car. p. 1. C. 1â— 12. Car. 2. C. â—5 Staâ— 2. 13. Car. 2d Commons yet upon the Restauration of Charles the Second the Words With the consent of the Lords and Commons were again reviv'd and afterward 13 14. Car. 2. C. 10. 19. Car. 2. 8. 25. Car. 2. C. 1. 25. Car. C. 9. they bring it into this old agen With the Advice and Assent of Lords Spiritual Temporal and Commons according to the form of Richard the 3d. and Queen Elizabeth that resolv'd them to be the THREE STATES and this runs on through all the Acts of his Reign and even in several of them the Commons humbly beseech the King that it may be so enacted I thought it necessary to bring home Buchanan and his Disciples in Scotland maintain'd the same Doctrine of the King 's Co-ordinacy and therefore their Acts in the Rebellion too ran in the Name of the three States But when the King was returned to his Crowu and they to their Obedience the old form was retrieved The King with advice and consent of to our present tho most profligate time as much Acknowledgement as possible I could of my Kings Prerogative from the Laws of our Land and the very Statutes themselves because that some great Advocates for the power of the People some times pretend to plead for them too from Acts of Parliaments tho I think in this last lewd and Libellous Contest against the Crown that lasted for about five year in that Lustrum of Treason there was but one that was so laboriously Seditious so eminently popular as to endeavour to prove the Peoples Supremacy from Rolls and Records and Acts of State and for that recommend me to the good Author of the Right of the Commons Asserted tho I should rather approve of such an undertaking when endeavored to be done from the tracing the dark and obscure tracts of Antiquity and the Authority of a Selden than the single Assertion of a Sidney and the mere Maxims of some Modern Democraticks that have no other Foundation for their Establishments than the new Notions of their Rebellious Authors and that ipse dixit of such Seditious Dogmatists But I am satisfied too that this Gentleman who has laboured so much in vindicating the Commons Antiquity and their constituting an essential part of our Saxon Parliaments did design in it much more an Opposition of our Antient Monarchy and the Prerogative of the Crown than a mere clearing the dark foot-steps of our Old Chronicle and a real defence of Matter of Fact and the Truth And this is too clearly to be prov'd from the pestilent Pen-man's P-tyts own Papers that were publish'd at such a time when there was no great need of such an Asserting the Commons Right when themselves were more likely to have Usurp'd upon the Crown and as Mr. Sidney and his Associates would have it made themselves and the People Judges of their own wrong For to see such a task undertaken at a time when we are since satisfied such dangerous designs were a-foot looks only like a particular
est l. princ de legibus Law that fiâ—â— made that Government Imperial yâ—â— when once it was so Conferr'd by thâ— very Act all Magistracy i. e. all powâ—â— of Judging that the Subject had before was past over too And were our own â—onarch by the Compact and condiscent â—â— his first Ancestors such a precarious â—ince as they would make him have not â—ur own Statutes I have cited long since â—â—solv'd his Crown to be Independant and himself accountable to none but God And then abstracting from that Advantage we have of the Resolution of the Law Reason it self against which our Republicans rebell too that also will refute the absurdity of such a Position For first where for God's sake would they fix this their preposterous power of Judicial Process if in some single Persons then the Concession of their own renowned Aphorâ—sm will fly in their Face for that allows the Soveraign to be much superior to any Selected number of his Subjects and Major singulis Junius Brutus Vindic. de Jur. Mag. Will. Pryn Parliam Right Buchanan Sidney Tryal p. 23. â—hey won't be such Senseless Sots sure as to â—â—y That those whom themselves acâ—nowledge to be altogether inferior â—â—ould be invested with that Judicial Power which is the highest token and sign of Supremacy if they 'll place it as Mr. Sidney forsooth does in the Original power of the People delegated unto Parliament then should that be granted â—hem when ever this Parliament is dissolv'd if their King be never so great a Delinquent for I think they may assoon make their King so as they did foolishly those that followed him in the late Wars when the word implies a Deserting and the Law only calls them so that adhere to the King's Enemies then Coke Littleton 291. I say if their Soveraign be never so much a Criminal to the State upon such a Dissolution they devest themselves by their own Maxims of this power of Judicature and so put it in the power of the Monarch or the Prince at any time to blasâ— all his Judges in a moment and dissipate them all with the Breath of his Mouth and therefore Mr. Sidney was so wittilâ— Seditious as to foresee such a Consequence and for that Reason very resolutely does deny what some of our more moderate Republicans will allow That the King has a power of Assembling and Tryal page 26. Dissolving a Parliament But this piece of pernicious Paradox a Position so false that some of them themselves are asham'd to own has been already refuted and prov'd from the very Laws of the Land to be an absolute Lye but our Author having plac'd himself and his People above the Law tho it was his hard fate to fall under it and made the Subject Superior to those Sanctions to which themselves acknowledge none to be so but the Soveraign from whom they proceed all the Satisfaction such a Person can receive from the Statutes must be from something of Reason that is the result of them and 't is such an one as relates to their own Positions For they say therefore the Soveraign is obliged to submit to the Laws of the Land because he accepted the Crown upon such an Obligation and shall it not Seditious Souls be as good a Conclusion To say the People have passed away the power of Assembling themselves when they have passed their own Act for being by their King Assembled Then in the next place if this Original power of this People be delegated to this Parliament it would have been much to the purpose for some of them to have shown us from whence this People had this Original Power Certainly if any it must be deriv'd from God Nature or somewhat that 's Soveraign But for the Almighty In all the sacred Texts there 's not a syllable of such a Legacy left them but abundance of the bequest of it that is made to Kings For Nature there is nothing from it more evident than a whole series of Subordination and that to single Soveraignty setting aside even the paternal among Human Creatures almost to be made out among Insects and Animals Bees and Beasts And if some King indulged this their People to appropriate to themselves all the Supream Power which we never heard of any of ours that did or to participate part of their Prerogative which we know many Indulgent ones of ours to their Parliaments have done then still this their power can't be Original because 't is derivative and I dare swear no Prince ever granted them a power of being Superiors as they must be if they would Judge him or ever accepted a Crown upon that Condition supposing it were as they would have it conferr'd For the very Act of being such a Conditional King would absolutely make him none at all and therefore those whom the Lacedaemonians compounded withâ—â— to be regulated by their Ephori were in effect not so much as the Dictators of Rome and so not to be reckon'd to Reign as Crown'd Heads or mentioneâ— among those that we call our Monarchs In the third place if by this Original Tryal pag. 2â— power of the People delegated to the Parliament the two Houses are constituted the Judges of their King I cannot see how Mr. Sidney could avoid or any of his Associates can this Grand Absurdity and as great a Lye that the Parliament have a Natural Liberty not only to Judge but to lop off the Sacred Head of their Liege-Lord and Soveraign For 't is certain they can have no more Authority than the People they represent and 't is as certain they must have as much Now this Original Power must be a Natural one because not deriv'd from any grant and then this Parliament of theirs must have an Original Power by Nature tho it be but to commit the most unnatural Barbarities I confess we had such an one that upon the same Principles proceeded to the perpetrating that most Execrable Treason and the very Villany that any time may be the Consequence of such Positions A Parliament which this good Author presided in or very well understood the Scandal of our own Nation and the shame and reproach of our Neighbors now I say If this his Original power of the People be delegated to this Parliament as Mr. Sidney says it is then this Parliament hath a Natural and Original Power of being their King's Judges because their People has it whom they represent I confess this is a Bar beyond the Seditious Doctrine of their Author in his Right of Magistrates For he is mighty sollicitous least he should be misapprehended as if he design'd the common People should judge their Soveraign De jure Magistrat therefore tells us very carefully none but the subordinate Magistrates themselves can Judge the Supream and their Brutus that succeeded that Assertor of Rebellion says such only as the Spartan Ephori and the seventy of the Israelites Brutus the Centurions or Equestres
Great â—ven he was not depos'd and dispatcht by the suffrages of the people but by a Perjur'd band of Conspirators and Assassinates in the Senate and whom the very people * Plebs statim â— funere ad domum Bruti Cassii tetendit Cinnam per errorem nominis occidet caputque prefixum hastae circumtulit columnaÌ„ parenti patriae statuit in scripsit sacrificare per CaesareÌ„ jurare perseveravit in deonumerum relatum percussoruÌ„ nullussicca morte obiit Sueton. p. 51 52. too pursu'd for the Fact and even ador'd their deceas'd Emperor tho Heathens and their Empire was not Hereditary to the shame of some of our good Christian Subjects that live under a Monarchy that is so acquies'd more quietly under their oppressions of their Lawless Emperors then some of ours under the good Government of their Gracious Kings who as they have often promis'd so have still Govern'd according to Law The depositions and Barbarous Butcherys of some of the Roman Emperors was never an Act of State of the Citizens or the people but the Force and Fury of a Faction in the Army and 't is with that excuse I am sure our Presbyter with his good Excluded Members would wipe his mouth of the Blood of his Soveraign for those were several times ‖ As Nero Claudius Galba Vitellius Otho Vid. Sueton. set up by the Souldiers and assoon pull'd to pieces by those that had plac'd them on the Throne which effusion of Royal Blood was the clear effect of their not claiming it by an Absolute Inheritance of that Blood Royal for those Adoptions they many times made ware of little force against the salutations of a Legion and the powers of the Field and therefore * Unde Apparet ipsos etiam Caesares Juridice damnari coerceri potuisse de jure Magistrat p. 38. that Author when he says even those Caesars were Legally and justly Condemn'd as if the Romans too â—ad once their High Court of Justice abuses â—he world both with a Factious insinuation and in the very matter of Fact In the next place they must consider that if there was such a Contract and Agreement among the People to accept of such an one for their King upon his performance of such Conditions tho I am sure his Deposition or Censure in our Kingdom were never formally annext to the Penalty of the Bond for his Non-performance neither can they show us in all their Charter of Liberties such a Conditional License to Rebel yet yet still it must be supposed the consent of every individual Subject which was somewhat difficult to be compast was required to such an Agreement for upon the first Constitution of our Government 't is certain we had no such Parliaments wherein they could deleâ—ate their Suffrages to some few Representatives and then by the same Reason we must have the Concurrence of all the particular Persons in the Land when we would Judg of the breach of that Covenant upon which all their Ancestors were supposed to have accepted their King And then I think from the Result of their own Seditious Reasoning our Soveraign may sit pretty safely and he rule as Arbitrary as he pleases when it must be carried against him with a true nemine Contradicente and not a single Subject left in the Land to be friend him with his Vote For upon such a conferring off the Supream Power it must be supposed that the several Subjects have bound themselves to one another to suffer such an one to be their Soveraign and made contract too with one another in some such implied Sense that A. confers hiâ— Right to Power and Government upon B. as Supream Governor upon Condition that C. does so too upon the same Person now to put it in the terms of our own Law the Subjects A. and C. here are both mutual Obligors and Obligees to one another and both Obligors to B. the Soveraign Obligee Now 't is certain that A. cannot recal this power he has confer'd on B. without the consent of C. his joint Obligor but iâ— must be with a breach of Covenant to his Fellow Subject as well as of Faith and contract to B. his Soveraign and this mutual Obligation between two to a third will extend as well to two Millions And I hope we may make at length â—he terms of our Law plead Loyally tho I 've heard an eminent Council at the Bar but commonly for none of the best Clyents Assert Loyalty to be nothing else but an adhering to the Letter of the Law with this good Innuendo as if that would contradict the common Acceptation of the word among the Royalists who make it to signifie an Asserting the King's Prerogative whereas in their Law French they would confine the word Loyalty to express nothing else but bare Legality And be it so I believe they 'll be but little the better for the quaintness of the Criticism for I dare avow that he that will be truly legal in their Sense must be as heartily Loyal in ours for nothing we see runs higher the Royal Prerogative then that The King's Prerogative part of the com Law very Law by which they would run it down But to come to the Nature of this political Contract this Stipulation of Monarchy as they would make it which will be better exprest in the Language of a Civilian when the Subject it self is about Civil Government and an Imperial Crown In this Case rhere is also a Convention as they call it of two Parties the Subject and he that is to be the Soveraign one upon such a contract stipulates to Govern the other to obey Now in such Stipulations it is a receiv'd Rule that no man stipulates but for himself and that there is no Obligation arises D. 45. 1. 38. from any one 's promising another Mans Deed so that every single Subject Alteri stipulari nemo potest nemo promitendo alienum factum obligatur Zouch Element pars 3. §. 8. Vid. Inst lib. 3. c. 19. must in Person here as I've said have made such a Subjection to that Authority to which he submitted if this their Convention and Contract with their King can be supposed and then by the same Rule every man must in his proper Person come and retract his Obedience before this Right to Govern can be absolutely Dissolv'd tho 't is the Opinion too of these sort of Lawyers that what is promised by Subjects to the publick which in a Monarchy is always represented in the King can't be revok'd D. 50. 12. 3. by them no not tho they have reason to repent of their promise and if this shall hold him tho without any Consideration or Cause and tho it be but of a Gift to the publick use much more then D. 50. 12. 1. will it oblige him in his promised Faith and Allegiance But here in this Case there is not only a Stipulation between the Soveraign and every
Womb as being she that ‖ Pater is est quem nuptiae demonstrant D. 2. 4 5. determines it to such a Father as she that has commonly the sole care and concern of its Education till it is grown more Adult and fit for to be form'd into manmers by the Management of the Father and therefore not only according to the Maxim and Sanction of the Imperial Law not only in a Civil and Political Sense the Birth is said to follow the Belly but it holds good even in the State of Nature Partus sequitur ventram and even in the literal Sense visible among Beasts But that which gives the Father a double Title to the Dominion over the Child is not only his being as a Natural Agent the first Spring that gives it Life and Motion but also because the Civil Sanctions of all Kingdoms and Countries still establisht the Fathers Heads of their Families and from the Conjugal Compact that is made in Matrimony subjected the Wife to the Jurisdiction of the Husband so that whatever power and Right belongs to her over her Infant is like the acquest that acrues to a Servant or a Son which the Civil Law and our own ‖ Quicquid acquirit filius acquirit patri suo servus domino Inst 2. 9. 1. Coke Little § 172. Dr. Stud. l. 1. c. 8. Common too resolve into the Power and possession of the Master and Parent And then with what an Impertinent fury with what an insignificant Folly does the renowned Lawyer Labour and lay out his Lungs against Sir Rohert Filmer ‖ Posts p. 113. In making him a Monster and persuading Mankind to Sacrifice their Sons unto Moloch in depraving Human Nature worse than the Leviathan I confess the Furious fellow might as well fasten this upon that Loyal Persons position of a Paternal Right as they have several other propositions full of absurdity upon the Doctrine of the Divine which still have been nothing else but the durt and dust of their own raising but is it a Crime at last with some of our Rebellious Christians to become Loyal because the Leviathan whom themselves will make but an Infidel has lent them so many Lessons to learn them Obedience or is not a reproacht rather anough to make the boldest republican to blush that believes but a Deity to see a Monarchy so well maintain'd even by a Reputed Atheist if the Asserters of a paternal Right concur with him in such positions as render them good Subjects I am sure these opposers of it agree with him in every point from whence they can draw but the least countenance for Rebels These Venemous heads the Spiders of the publick that spin their Notions into Cobwebs into such fine nonsense that they cannot hang together have here also that other good Quality of that virulent Creature to suck up all the Venom and Poyson of Mr. Hobs and prey upon the very principles of his Corrupted Air and the Infectious depravations even of Human Nature his Origination of Society out of Fear his definition of Right to Consist in Power his Community in Nature his Equality in persons all the very Contradictions of himself reproaches of his Reason the Opprobriums of his Sense the Pest and Plague of the People are priz'd with our Republicans as the Philosophers and the Schools do their propofitions of Eternal truths they imbibe the Poyson and exalt improve it too they sublimate the very Mercury of Mr. Hobs and whereas he equals us only in a state of Nature our Levellers will lay us all Common under the Inclosures of a Society and the several restrictions of so many Civil Laws But to what tends this their turning all the Power of a Parent into Tyranny as if a Father could not have an Authority over his Child unless he be bound to make it his Slave as if the Chastisement of a Father could not Evidence his Supremacy over his Son unless like the Saturn of the Easterlings he Sacrifice him to the Fire and torment it in the Flame But this paternal Right of the Father must suffer by these Factious Fools from the same sort of Inferrences they bring against the Divine Right of their King which may only serve with some Loyal Hearts to confirm the great sympathy there is between them for as by the Law of Nature a Father can't be said to injure his Son so neither by those of the Land can our Soveraign wrong his Subjects For say these Seditious ones your Divinest Monarchs by that Doctrine can Hang Burn Drown all their Subjects they should put in Damn too for once since they may as well infer from it his sending them to the Devil But cannot common Sense obtain amidst these transports of Passion can they not apprehend a Father to have any paternal Authority over his Family unless he be able to Murder every Man of it the Civil Laws the municipal ones of his Land if a Member of a Society supersede such a severity and if a Patriarchal Prince must be supposed as were several of old after the deluge then the Affection of Potestas patris debet in pietate non atrocitate consistere D. 48. 9. 5. a Father And the Laws of Nature were sufficient to secure the Son or preserve the Servant from any severity but what some proportionable guilt might deserve so also did this Divine Right make the Soveraign as entirely absolute as the great Turk yet the Directive part of Decet princi pem leges servare quibus ipse solutus D. 32. 1. 24. those Civil Sanctions to which the Divinest of them all would be Subject or at least the precepts of the Divinity their God under whom they Govern that will oblig'd them both to Justice and Mercy the two great Attributes of him whom they represent But since they would make this Empire of a paternal Power so Ridiculous in Reason let us see how it has all along sounded in the Letter of the Law and if it has there neither been look'd upon as a Notion so Senseless and insignificant The most illuminated Reason of our eminent Lawyer must submit to be much in the dark The ‖ Jus autem potest tis quod in liberos habemus proprium est civilum Romanoâ—um nulli aliâ— homines talem potestatem habent Inst 1. 9. Romans from the result of their Imperial Sanctions look'd upon themselves to have such an absolute Power and Authority over their Sons and Daughters that they tell us expressly it was a peculiar Prerogative and privileg'd of the Citizens of Rome and that there was no other Nation that could Exercise such a Jurisdiction they could alienate for ever by this Power Inst lib. 21. 9. Vid. Pacii Anal. ibid. of the Parent any thing that was acquired by the Son and give it to any whom they pleas'd whereas it might have been an Argument enough of a paternal Power had they been but only usufructuaries
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
to seize the King at Halyrood-House but unsuccessful forc'd to fly and returning better assisted the second time effected what only he design'd at first But the King escaping to Sterling Bothwell is pronounced a Rebel by the States but yet is so well be friended by these Disturbers of all Kingly Government that they gave him the very Moneys they had collected for their beloved Brethren in the Republick of Geneva by which with other Assistances they enabled him to fight his King in the Field Then is that succeeded with a second of the Gowry's the Son of him that rebell'd before where they contriv'd to get the King to dine in their House at Perth seduc'd him up into some higher Chamber and there left him to the mercy of an Executioner from which his Cry and the timely Assistance of his Servants only rescued Him These were the Confusions Distractions and even Subversions of some States that were occasion'd by the restlesness of Implacable Republicans Emissaries of Geneva throughout France Flanders Scotland and Germany You shall see now in the next place what disturbances they have created us here in our own Isle what Plots and Conspiracies their Principles have promoted in England as if in that expostulatory †Que regio in terris c. Virg. Aeneid Verse of Virgil there was no Region upon Earth but what must be fill'd with their diffusive and elaborate Sedition Queen Elizabeth was no sooner setl'd in her Throne but they as seditiously endeavour'd to subvert it They libell'd her Person set their Zealots tumultuously to meet in the Night invading Churches defacing Monuments and so full at last of the Rebellious Insolencies of that Italian Republick to which they commonly repair'd to receive Instruction that her Majesty thought fit to hang up Hacket with a half dozen more of them as dangerous Subjects to her Sovereign Crown and Dignity †In a Speech to her Parliament dissolv'd An. 1585 and of her Reign 27 She declared them dangerous to Kingly Rule vid. Holingshed Stow. When King James who succeeded her came to our Crown did these Malecontents that had molested him so much in Scotland disturb his Government here too as much Melvil that Northern Incendiary was as busie with his Accomplices here too to set Fire to Church and State and for that purpose publish'd several Libels against both for which being then at London he was sent to the Tower And so far had those darling Daemagogues insinuated themselves that the Hydra of a Popular Faction began to shew its fearful Faces in the very first Parliament of his Reign though * 1 Jacob. 1. in that they had so fully formerly recogniz'd his Right For in some of those several Sessions of which that consisted one of the Seditious Senators had the Confidence to affirm in the open Assembly †Fowlis Hist pag. 65. That the giving the King Moneys might empower him to the cutting the Members Throats an Insolency that some of our Modern Mutineers upon the same Occasions have * Vid. Printed Votes H. Com. That the giving the King Money c. as seditiously express'd King James Dissolv'd that Parliament call'd another and that as Refractory as the former which instead of answering the Kings Request draw up their own in a Remonstrance †Vid. even Rushworth Coll. p. 40. c. 16. E. second it with a Protestation for Priviledges representation of Religion and Popery intermedling with his Match of Spain and several Affairs of State so that he was forc'd to dissolve that Politick Body too and soon after suffer'd a Dissolution of his own Natural one dying under the Infirmities of Old Age and leaving behind him an old Monarchy rather weakned with Innovations of Republicans with the worst of Legacies to his Son and Successor A discontented People an Empty Purse with a Costly War into which he was not so much engag'd as betray'd And now we are arriv'd to what all the Stirs and Tumults of our Seditious Souls our discontented Daemocraticks in the Reign of King James did aim at and design the Destruction of the Monarchy which they could not accomplish till this of King Charles in that they never left till they laid such a Plot that at last laid all the Land in Blood and made an whole Kingdom an Akeldama For that they first quarrell'd at the Formality of his Coronation because in the Sacred Part of it the Prayer for giving him Peter 's Key was first added This some silly Sots suggested to savour of Popery tho' it struck purposely at the very Popes Supremacy it self For that they begun to Tax their King for taking his Tonnage without an Act and yet refus'd to pass one that he might take it by Law unless he would accept of it in Derogation of his Royal Prerogative for Years or precariously during the Pleasure of the Two Houses when most of his Ancestors enjoy'd it for life Turner and Coke led up the dance to Sedition and reflect upon their King in their Speeches The Commons command his Secretary Office and Signet to be searcht and might as well have rifled his Cabinets too They clamour against his favouring of Seminary Priests tho' he had sent home the very Domesticks of the Queen and that even to a disgust to France and a rupture with that Crown They upbraid him for dissolving Parliaments tho' grown so insolent as to keep out the Black-Rod when he came to call them to be Dissolv'd tho' their King notwithstanding the provocations assembled another assoon and that tho' he had the fresh President of the then King of France That had laid aside his for a less presumption Thus they call'd all his Miseries and Misfortunes Misgovernments and Faults when themselves had made him both faulty and unfortunate They accuse him for favouring the Irish Rebellion tho' the first disorders in Dublin were by his diligence so vigorously supprest their Goods confiscated their Lands seiz'd their Persons imprisoned and such severities shew'd them by his Commissioners there that two Priests hang'd themselves to prevent what they call'd a Persecution The Scot Mutinies upon the King 's restoring the Lands to the Church of which but in the minority of his Father it had been robb'd assail the Ministers in the Church in the very administration of the Sacrament because according to the Service-Book Protest against their King's Proclamations set up their four Tables at Edenburgh that is their own Councils in opposition to their King 's Hamilton had promised them as Commissioner to convene an Assembly they come and call a Parliament by themselves which tho' dissolv'd they protest shall sit still then desperate in a Sedition break out into open War Invite Commanders from abroad seize Castles at home agree to Articles of Pacification and then break all with as much Perjury Lowden their Commissioner sent to propose Peace At the same time treats with the French Ambassadour for War bring their Army into
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
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
the Parliament A. D. 1625. Finch then the Lord Keeper as things unwarrantable and unusual they prosecuted too Buckingham with the more violence only because the King had told them That he acted nothing of publick Employ without his special Warrant That he had discharged his trust with fidelity That he had merited it by desert and that it was his express Command for them to desist from such an unparliamentary disquisition And for my part I cannot apprehend how according to common sense and reason both in this case and Strafford's that succeeded they could make those Traytors to their King of whom their King declar'd they had never betray'd their trust It was such a sort of Treason against their King which their King knowing and approving did not think High Treason and the person against whom it could only be committed apprehending no Commission of it at all But those Statesmen were so unhappy as to live in an age that made Treason as unlimited as ever it was before Edward the Third and which for all his * 1. Mâ—â— twenty 25. Ed. 3d. fifth and the first of Mary restrained Treason to conspiring against the King and the Laws of all the World makes it a Crime only of †Lex Julia Inst 4. 18. 3d. Laesae Majestatis they could bring it now to a levying War against the Majesty of the * Merc. Polit. People A hard fate for many Ministers of State that are sacrific'd sometimes only for serving too well But these proceedings against the King were long I hope before the King proceeded only to take Traytors out of an House of Commons this was seditiously done in twenty five the other not lawfully attempted till forty one And judg now malitious Miscreants where when and by whom were the first provocations given to discontent and who were the first Agressors in a barbarous and a bloody Civil War Why don't they tell us too our present Soveraign invaded first the Rebels in Scotland and those that â—anded at Lime The next age may as well be brought to believe this as the present that All that their best Advocates unless absolute Rebellious can urge in their defence is the Parliament seiz'd only upon the King's Forts for fear he should fortify them against the Parliament very good that is they first made War upon him for fear he should make War upon them that 's the English trick of it And I can tell it them in a Spanish one too so Gondamor got Raleigh's Head he told them not for the mischief he had done them but for that which he might do But had not the Laws provided so particularly for the King this would be madness and cruel injustice even among common Subjects reduce us both into Hobs's his state of nature and his fear to kill every one we meet for fear of being kill'd or set our Neighbours House a fire for fear it should catch of it self and consume our own And now be witness even the worst and the most warm Assertor of a Common-wealth in this case be for once what you so much affect Judge between you and your King The King had his Court of Starchamber constituted by a 4 Institutes c. 5. Common Law and confirmed by special b Reg. Hen. 7. Act of Parliament The Commons they send up a c The 9th of June 1641. Vote and Bill for suppressing it The High Commission was establisht by the d 1 El. c. 1. Statute of the Queen the Commons come and would put it down with a e The ninth of June 1641. Vote The Court of Wards and Livery the tenures of which were even f 4 Inst p. 192. before the Conquest and drew Ward and Marriage after it was establisht by particular g 32. H. 8. c. 46. Act the Commons clamour to have it supprest which to please them is done The King had several priviledges that belong to the Clerk of his Market confirm'd by ancient h 4 Inst c. 61 Custom and i Ed. 1. Hen. 8. R. 2. H. 5. several Statutes abolisht by the Parliament in the Year 1641. The k Chart. Forest King had the Courts of his Forests his Judge in it constituted of old by Writ then by l 27. H. 8. c. 24. Letters Pattents This was a grievance which was never before and therefore must and was supprest with the rest The m Magn. â—har â— 29. and their Petition of Right Law required no person was to be Imprisoned or put out of his Lands but by due course and custom None to be adjudged to Death but by the Law establisht they n Dug view p. 68. 19. April confined several of the Kings Subjects send the Bishops by order of the House to the Tower and by special Bill attaint Strafford and Behead Laâ—d o 10. Jan. 1644. with an Ordinance Resolved by all the Judges in Queen Elizabeths time that to levy War â—o remove evil Counsellors â—s High Treason against the King they past a Vote p May. 20. Exact Coll. p. 259. that the King was seduc'd by evil Counsellors against whom they levied War to remove There is a q 12. H. 7. c. 1. special Statute that says expresly that the Subjects that aid the King shall not be molested or questioned They publisht their Declaration r 17. May. Ex. Coll. p. 193. That it was against the Laws and Liberty of the Kingdom to assist the King that the Sherriff of the County ought to suppress them The s Coke Lit. p. 164. Law makes those Delinquents that adhere to the King's Enemies they t 20. May. Vote those that serve him in such Wars Traitors by a Fundamental Law The u Ed. 2. Statute provides that the Parliaments should assemble peaceably they by particular order bring Horse and Foot into the Palace Yard In short The Parliament first seizes the Militia against an express x 7. Ed. 1. Act that setl'd it solely on the King The King sent out after his Comission of Array for which he was impower'd by y 5. H. 4. Act of Parliament The Parliament order the raising an Army against the K. declared Treason by special z 25. E. 3. Act The King then Summons his Subjects to his assistance at a 5 July 42. Exact Coll. York and comes and sets up his Standard at Nottingham for that was warranted by the Laws of the Land and b 1. Ed. 2. de mi. litibus 7. Ed. 1. several Statutes of the Realm I have taken this pains both to prove that bloody War that general Revolt to be a plain Rebellion and that the War it self was begun by those that were the only Rebels the Parliament because you see that both those positions have been laid down among our * Sidney 's Tryal p. 26. Plato Redivivus p. 167. Republicans either of which should it gain credit is enough to run us again
Town in Wiltshire there happen'd some small Skirmishes between the King's Forces and the Rebels but without any considerable loss on either side From Wells they went to Bridg-water there Fortifying themselves a little but finding the Lord Feversham come up to them and more Forces of the King 's following they resolv'd to surprise him in his Camp march'd accordingly in the Night and by two or three in the a July 6. Morning set upon him whom yet they found ready to receive them the late Lord Grey Commanding their ill manag'd Horse was soon disorder'd and ran away the Foot fought it for a little while but at last disorder'd defeated by the King's Cannon and Horse were slain some hundreds upon the place and several more in the pursuit The late Lord Grey was b July 7. taken in Disguise near Ring-wood about the Borders of Dorsetshire and secured by my Lord Lumley and the late Duke of Monmouth the next Morning met with in some Covert thereabouts and put into the same Hands Monmouth on the a July 13. Monday after with his Associate Grey was brought to the Tower and the former the following b July 15. Wednesday on the Hill Beheaded By this you have seen the very Basis the Foundation upon which they build their Principles somewhat shaken and I wish I could with modesty say utterly undermin'd I have set my Shoulders to the work and had I the strength of some Sampson would pull down their Pillars confound the Babel these Rebels have built tho' I were sure to fall and be buried in its Ruines By this you have seen the Multiplicity of their Plots so Hellish and so many that like the Devil that Seduces our Democraticks into such Damnable Designs their Name is Legion but of those Devices the Almighty who always was will ever be the Detector and Confounder And here I profess by that Heaven which I only beg to Bless my poor Endeavour against the Designs of Hell that nothing but a sincere hatred of their pernicious Principles and a certain Assurance of the truth of all these Conspiracies they have promoted has put me upon this undertaking to refute the Folly and Falshood of the one as well as represent that Bloody work Wickedness of the other If they 'll condemn the warmness of my style which a Postcript to the History of the Association Printed for Janeway London one has already Libell'd as hot let them but give me leave to be as zealous for the promoting of good Principles as the vilest of their Villains the most venomous of their Vipers have been for infecting us with the poyson of bad Let me be allow'd to write as affectionately for my Sovereign while he is Seated in his Throne as their Faction did most furiously against him when by Rebellion they had pull'd him out and for this be pleas'd but to remark a little matter of Fact For the first Has not Hunt whom even they would make a moderate Man Libell'd his Antagonists with the Name of b Post p. 94 69 70 83 93. Base Caitiffs Traytors Knaves Betrayers of the Peoples Right Wicked Impious Sacrilegious Monsters and Mad Does not an Inconsiderate Coxcomb that sets himself up for a Considerer call his Opposers a Considerations Consider'd p. 1 5 14. Arrogant Fools silly Knaves Ruffians Triflers besides his Non-sense and Pedantick terms of Insensatus Galata and Effrontery with all the Controversie manag'd in the style of a Carman or the blessed Language of the Bawds at Billingsgate And yet these I 'll assure you with the Party all applauded pieces For the second consult but the Papers of that profligate Villain the Penner of the Political Mercury and see how the meanest Traytor treats his Exil'd Sovereign and Majesty it self Young Scot curs'd Interest of Young Stewart Merc. Politicus Num. 62. Num. 64. Num. 67. Num. 79. Num. 115. accursed Family Little Queen their curst foul and bloody House its Name odious in Chronicle Young Tarquin Perkin Waâ—beck pretended King King of Beggars Royal Puppet the Grand Tyrant the Great Pyrate And so barbarous were these Beasts in their Reflections that he represented his Banish'd Prince whom themselves had put to those unhappy necessities for a Clipper and a Coiner in the French King's Court Is not this Virulency now this Venome and that of such a Villanous Viper to whom the Old Serpent the Devil himself would be an Antidote and all this even against God's Vicegerent Is not the dust of such a Damnable Democratick enough to pollute the Land wherein it lies and of which the Grave will be asham'd when she comes to give up her Dead These are the Barbarities Hunt would not have so much a Fost p. 89. remember'd that is not abhor'd and which I cannot forbear to mention and remin'd to let the present Age see to what an Acme of Villany the preceding was arriv'd to let the Faction be forc'd to remember what they so labour to forget for what they can so hardly be brought to detest is also as difficult by repetition to be render'd too detestable These Printed Treasons that have been so long out of the Press may well want a New Imprimatur when they are brought to believe they were never in it To this pass of the Politicus's would our Protestants Domesticks Packets Advices Courantiers Janeway's Care 's Vile's and Curtise's all have come and a Nevil now that abhors the thoughts of a COMMON-WEALTH as a Plato Redivivus p. 209. Circumstances are now would be their Needham I warrant you when a Civil War had Banisht again the best of Kings and one that writ his Brief History of Succession not long since only to make our Monarchs Elective would then have told us that b Vid. History of the Succession writ by Merc. Politicus Number 64 65. All from the Conquest were perfect Tyrants that Richard the Second's Blood ought rather to have been spilt on a Publick Scaffold than by a Private Assassination in Pomsret Castle and that Charles the First was Executed as a Traytor and so given us in just such another Catalogue How can our Seditious Souls think themselves hardly dealt with in those late Loyal Animadversions that have been made upon their lewd Libels or What severity now has the Observator that Learned piece of Loyalty exprest in his Pages which their own Papers have not deserv'd heretofore in a barbarous manner even to the best of Kings and Subjects shown and as they cannot condemn him or any other honest Heart for exposing in the most severest manner the Principles and Practises of these dangerous Democraticks since they dealt so severely themselves with their Sovereign and all Assertors of his Monarchy so neither can such discommend him or any other for such seasonable Remarks on their Pretensions to CONSCIENCE and as rigorous Reflections on their Men of MODERATION the two tender points they say must-not be medl'd with or