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A66571 A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. 1684 (1684) Wing W2921; ESTC R27078 81,745 288

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of the said Interdict and thereby also promises them a re-payment with thanks so that He only borrows Mony of them on that particular occasion but does not in the least hint or direct them to send their Proxies or Representatives to any Great Council to be then call'd as we have it and the History of that time more at large in the said Answer to Mr. Petit. And now having offer'd thus far to this matter I shall go on with the reason of those times which I take to be thus William the Conqueror having subdu'd England began now to consider the way of securing it and to that purpose as it is in the Proverb cut large thongs out of other mens hides and as a reward of the Service done him granted a certain compass or circuit of Land unto such of his Chief men as had assisted him in the acquisition to them and their Heirs to dwell on and exercise such Jurisdiction therein as he thought good to grant performing also such Services and paying him such yearly Rent as the Grant required they again parcell'd this Land to such other meaner men as had follow'd them in the Expedition under such Services and Rents as they thought fit and by this means as those Great men became Tenants to the King in Chief so the Inferiors became Tenants to them who as Superiors exercised a kind of little Kingship over them The King and his Successors being Supreme Lords of the whole and imposing from time to time such Laws as by the advice and assent of those his Barons were thought expedient and unto which Consentire inferior quisque vis us est in persona Domini sui capitalis prout hodie per Procuratores Comitatus vel Burgi quos in Parliamentis Knights and Burgesses appellamus to which every inferior saith he was presum'd to consent in the person of his Chief Lord from whom he held as at this day by the Representatives of Counties and Burroughs in Parliament whom we call Knights and Burgesses and certainly there is no doubt to be made but that if there had been any such privilege of ancient time belonging to the People that the Historians of those times would not have pass'd so material a thing in silence especially considering how many of lesser account are every where found among them Polidor Virgil would have the Commons to have been brought into those great Councils in the 16th of Henry I. Sir Walter Raleigh about the 18th of that King but Sir Henry Spelman will not allow it his words are these Sine ut sodes dicam collegisse me centenas reor conciliorum edictiones tenoresque ipsos plurimorum ab ingressu Guilielmi 1. ad excessum Hen. 3. existentium nec in tanta multitudine de plebe uspiam reperisse aliquid nil in his delituerit Give me leave saith he to speak frankly I believe I have collected an hundred Acts of Councils and the forms of most from the coming in of William the First to the going off of Henry the Third nor in so great a number have I any where found any thing of the Commonalty nothing of it lies in them And yet it may be probable that Henry the Third toward the end of his long but troublesome Reign brought them in to counterpoise the Factions of his seditious Barons for tho at the making of the Statutes of Merton there is not the least mention of the Commons yet in those at Marleborough they are thus named The more discreet men of the Realm being called together as well of the higher as of the lower Estate And in the Title of the Statute of Westminster the first made in the third of Edw. 1. who as he was first of his name after the Conquest so he was the first that setled the Law and State and freed this Kingdom from the Wardship of the Peers it is thus said These be the Acts of King Edward Son to King Henry made at Westminster at his first Parliament c. by his Council and by the Assent of Arch-Bishops Bishops Abbots Priors Earls Barons and all the Commonalty of the Realm being thither Summoned c. And so that word Parliament which as Sir Henry Spelman says in King John's time nondum emicuit was not yet got up other than by the name of Commune Concilium Regni The Common-Council of the Kingdom came in use as it is now taken and the Commons as they are at this day an essential and constituent part of the same and a third Estate 6. That the Lords Temporal are one Estate of the Realm was never doubted Mr. Selden begins his Privilege of Baronage with it and when the Commons came in to be another I question not but I have fully prov'd and if now I shall make it appear that the Lords Spiritual are one other Estate of the Realm distinct and separate from the Lords Temporal I hope I shall have gain'd my point and that the King is not one of the Three Estates In order to which 1. The Lords Spiritual sit in Parliament by a different Right from the Lords Temporal viz. by Succession in respect of their Counties or Baronies parcel of their Bishopricks and the others by reason of their Dignities which they hold by Descent or Creation 2. They sit in Parliament in a different Robe and on a different side of the House from the Lords Temporal and are commanded thither by a different form in the Writ viz. In fide dilectione c. And the Lords Temporal In fide ligeancia c. 3. They have a Convocation by themselves consisting of an Upper House viz. Arch-Bishops and Bishops and a Lower House viz. the Procuratores Cleri called together by the Kings Writ and have the same Privilege for themselves their Servants and Familiars as other Members of Parliament and grant their Subsidies apart and distinct from the Lay Nobles as may be seen by the respective Acts by which they have been granted as also ratifi'd and confirmed 4. The general stile of all Acts of Parliament hath been such that sometimes the Ecclesiastical Lords are respectively named as Arch-bishops Bishops Abbots Priors as well as the Temporal Lords and sometimes by the inclusive name of the Prelates and so to the 10th of Richard 2. where it is said By the Assent of the Lords and Commons under which general words of the Lords they seem at first to be included as if they were but one Estate with them were it not in the 13th of the said King again said Of the Assent of the Prelates and Lords Temporal and Commons And in another of the 20th By the Assent of the Prelates Lords and Commons and in the 14.15.16 and 17. of the same King By the Assent of his Parliament and the Parliament and none of them named apart from which time till the 4th of Henry 4. the word Prelates was again continued
Prerogatives as Forein Nations have been accustomed unto Or otherwise what made Pope Boniface solicit the Emperor Honorius to take order that the Bishops of Rome might be created without ambitious seeking of the Place A needless Petition if so be the Emperor had no right in placing of Bishops there Of which there are several other instances in a piece of Mr. Hookers touching the Kings Power in the advancement of Bishops In short if before that Act of Hen. 8. a Bishop in England had been made a Cardinal the Bishoprick became void but the King should have nam'd the Succsseor because the Bishoprick is of his Patronage And as to the Arch-Bishops and Bishops in Ireland the respective Chapters of ancient time upon every avoidance sued to the King in England to go to the Election of another and upon certificate of such Election made and the Royal Assent obtain'd a Writ issued out of the Chancery here to the Lord Chief Justice of Ireland or the Lieutenant rehearsing the whole matter and commanding him to take fealty of the Bishop and restore him to his Temporalties But now the course is that such Writs are made in Ireland in the name of the King who nominates the Arch Bishops and Bishops there as he doth in England and then the Chapter choose him whom the King names to them and thereupon the Writs are made of course Nor were the Kings of England even in those times excluded but still acknowledg'd to have Power of Dispensation and other Ecclesiastical Acts. And therefore as he first gave Bishopricks and Abbeys and afterward granted the Election to Deans and Chapters and Covents so likewise might he grant Dispensation to a Bishop Elect to retain any of his Dignities or Benefices in Commendam and to take two Benefices and to a Bastard to be a Priest And where the Statute 25 H. 8. c. 21. says That all Dispensations c. shall be granted in manner and form following and not otherwise yet the King is not thereby restrain'd but his Power remains full and perfect as before and he may still grant them as King for all acts of Justice and Grace flow from him and on this account also he can pardon any Ecclesiastical Offence as Heresie for example is a cause merely Spiritual or Ecclesiastical and yet the King may pardon one convict of Heresie And as the King may dispense or pardon so also does that Supreme Power enable him to several other things relating to Church-matters which pertain not to another He may found a Church Hospital or Free Chappel Donative and whether he specially exempt the same from ordinary Jurisdiction or not his Chancellor and not the Ordinary shall visit it and he may by his Charter license a Subject to found such a Church or Chappel and to ordain that it shall be Donative and not Presentable and to be visited by the Founder and not by the Ordinary And thus began Donatives in England whereof Common Persons were Patrons So he shall visit Cathedral Churches by Commissioners Sede vacante Archiepiscopalii He may also revoke before Induction by presenting another for the Church is not full against the King till Induction And therefore if a Bishop Collates and before Induction dies by which means the Temporalties come into the Kings hands the King shall present to the avoidance for the same reason In short He is the Supreme Ordinary and on that account may take the resignation of a Spiritual Dignity Neither did the Abbots and Priors in Edward the Fourths time think him less when they stile him Supremus Dominus noster Edwardus 4. Rex which agrees with the Laws before the Conquest in which the King is called Vicarius summi Regis The Vicar of the highest King And albeit Ecclesiastical Councils consisting of Church-men did frame the Laws whereby the Church Affairs were ordered in Ancient times yet no Canon no not of any Council had the force of Law in the Church unless it were ratifi'd and confirmed by the Emperor being Christian In like manner our Convocations that assemble not of themselves but by the Kings Writ must have both Licence to make new Canons and the Royal Assent to allow them before they can be put in Execution and this by the Common Law for before the Statute 25 H. 8. c. 19. A Disme i. e. the Tenths of all Spiritual Livings in ancient times paid to the Pope granted by them did not bind the Clergy before the Royal Assent In a word the King may make orders for the Government of the Clergy without Parliament and deprive the Disobedient And the Act for suppressing Seditious Conventicles has a saving to his Majesties Supremacy in Ecclesiastical Affairs And so I hope I have clear'd this point That the Kingdom of England c. is a Sovereign Imperial Monarchy of which the King is the only Supreme Governor as well in all Spiritual or Ecclesiastical Things or Causes as Temporal It remains now that I shew That however the Emperors of the West and East have so much striven about that great Title of Emperor or Basileus that yet the Kings of England as Supreme within their Dominions have also justly used it and that from ancient Ages as no less proper to their own independent greatness And here amongst many others we have Edgar frequently in his Charters stiling himself Albionis Anglorum Basileus King of Britain and the English And in one of his to Oswald Bishop of Worcester in the year 964. and of his Reign the sixth Ego Edgarus Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumjacentis cunctarumque Nationum quae infra eam includuntur Imperator Dominus c. I Edgar King of the English and of all the Kings of the Isles and the Ocean lying round Britain i. e. England Scotland and Wales and of all the People therein Emperor and Supreme Lord for the word in this place bears no less as I have shewn it before in the Word Lord of Ireland Wherein it is observable that as long since as it is that yet the King of England or Britain was Lord and Emperor of the British Sea which agrees with that of one of his Successors Canutus when sitting in a Chair by the South Shore he used these words to the Sea Tumeae ditionis es terra in qua sedeo mea est Thou art of my Dominion or Empire and the Land whereon I sit is mine as taking it clearly that he was the Supreme Lord and Emperor of both whence also it is affirm'd by Belknap one of the Justices of the Kings Bench 5 R. 2. That the Sea is of the King Ligeance as of the Crown of England So that Edward his Son in a Charter to the Abbey of Ramsey Ego Edwardus totius Albionis Dei moderante gubernatione Basileus I Edward by the Guidance or