the Exchequer and one Justice for the Jews be likewise chosen by the Parliament ibid. 4. These sixteen so managed the Judges of their King upon a Presumption of their favoring their Soveraign that they got three of them strangl'd without process 5. They brought with them Consciences sull of Error and Schism against the Laws and the Canons 5. That there should be a Reformation in the Church and no Hugonots false Prophets fomenting Heresies against the Vicars of Christ. Mat. West pag. 332. favored 6. They would not have this Henry the 3d's Daughter marryed to Alexander King of the Scots and for a long time would give him no aid which at last with much ado they did 6. That his Allyance and Truce with the Kingof Navar was against the Interest of his Subjects 7. At Lewes they took upon them so much of the Militia that they made their Prince a Prisoner 7. That the strength of Provence be put in the hands of the Duke D'Aumarle or such others as they should nominate 8. The 24. to dispose of the King's Castles and no Peace till all the Forts and Castles be delivered to the keeping of the Barons 8. Leaguers seiz'd upon the King's City Castles and strong Holds D'avila pag. 328. 9. His Councellors elected by the Parliament allowed him such a pitance for his Houshold that they starv'd him out of his Palace M. Par. 807. 9. That the Kingdom could not be safe so long as the King was environed with Non-confiding Persons 10. They chose their own Peers called the Peeres Douze 10. That they might have the Disposal of all Honor vid. their King's Answer to their Manifesto This Parliament of those Rebellious Barons my Lord Cook that had as much Veneration as any Man for that Honorable Assembly called the mad Parliament the reverse of that of Edward the 3d. which he calls the good one And I am sure the Propositions of that in 41 would have made the Learned Lawyer had he lived to see them proposed pronounced that Senate as distracted too as that Oxford one of Henry the 3d's but it may suffice that special Act since supposed them in their Witts in declaring them what was worse TRAITORS CHAP. III. Remarks upon Mr. Hunt's Postscript THIS Disingenuous Author with his Hypocritical Apology for the Church of England has just done her as much Mischief as that of Bishop Jewels sincere one did her Good That pious Prelate with his unanswerable Arguments had defended her against all the powers of the Pope and this with his Argument which he Answers himself has made her all Popish Never did an Hypocrite pretend to so much Candor and Sincerity that had so little Shadow for such a Pretention His Falshoods look'd as if he designed and thought he could have imposed upon the Government and his God and in spight of Providence to have secured himself from the Justice of that which was established and at the same time made sure of the favor of those that were for undermining it The one was to be blinded with his being Author of the Bishop's Right The other imposed upon with his Penning the Postscript But however he deceives himself the Almighty will still make good his own Word That he won't be mock'd He has denounced express Judgment against a double Heart and the Nation now deserv'd Justice To such a Sycophant With what Face can such a Rumper tell us in the tayl of his Postscript that no Passion or prejudice perverts him against the State of the Kingdom when all know that it 's being thus established not only lost him a place in the Law but disappointed him of being an Irish Judge and thus the virulency of his Pen betrays the truth of His Passion which he would Apologize against with a lye and that it can rise as high as any Furies for as deep a resentment of an esteemed Injury when the Government all the while was far from doing him any wrong But if it should meet with him now I dare swear would do him Right And this is altogether Reasonable the World should know that the best of our Rebellious Male-contents tho' they strive to palliate their Passions and Prejudices against their Governors with a show of being impartial and indifferent that 't is but a meer shadow to cloud the Fire that Glows within while truly still implacable impatient and impossible to be govern'd and that those that pretend but with Moderation to discommend many things in our Monarchy have nothing in them but the meer Malice and Spirit of Republicans And this will appear from his very first Paragraph that provokes my Pen He lets us know that the Church of England is like to fall into that of Rome by the unpresidented folly of some of her Sons Fall by a Divine Fate as he makes his Holyness to say for her folly That is as he must mean by Consequence for maintaining a Divine Right For to this purpose says he Sir Robert Filmer's Books were reprinted and others for the same And truly I am so far of this Gentleman's Opinion that the good man the Pope may very likely call it a very foolish thing and laugh at the Doctrine of any Kings Divinity that endeavors to set himself above all Kings so that unkind even to himself and his Friends the Dissenters he unawares ties them up together with the Tenents of the rankest Jesuits of the Romish Religion and endeavors with the self same Arguments and Objections to set up the popular Supremacy that those Impostures do the Papal But first only let me beg a postulate or two from him that pretends to be a Christian which an Infidel or Heathen won't deny much less then one that has the Bible for an asserting it's belief viz. 1. That power in general without appropriating it to any particular Government is somewhat that is Divine not barely as it is exercised by some Humane Beings below but as it is communicated to such from their God above that is all so and hath it as one of his Attributes any of which is Infinite and adequate to the Divinity it self 2. That this power is actually communicated to some Being here below for their better Government and Subsistence No Humane Beings but such as desire to live like Beasts can well deny 3. That this part of God's Attribute so communicated to Man from his own Mouth Dominion imparted cannot cease to be Divine notwithstanding such a Communication though to a Creature Humane all that understand the least part of Divinity will assert and without any supernatural Illumination even from this natural simile of the Sun 's Light can easily comprehend which tho' it dart its rays through almost an Infinite Darkness yet wheresoever they are extended still remain Light neither is his own by the Kindness of such a Communication the less So that taking it for granted which must be that a power of Government is communicated to us here below by
as Writers say quitted her Title too which was apparently acknowledged in letting him succeed Is the Mothers Right ever the less when the Son does succeed in her Right and is there no Difference between altering a Succession and a refusing to succeed Matt. Paris makes her live thirty years after Stephen's Death time enough to have resented her wrong if she thought she had sustein'd an Interruption of her Right and she must be supposed to be willing to consent to those Conditions of peace being all concluded with her privity and she having suffered sufficiently with a troublesom War in England went over to Normandy for Peace This Henry knowing his Right to the Crown was resolved to secure the same Right of Succession to his Son and this very endeavour for a Lawful and a Lineal discent does this perverse Author turn into an Argument for Election and because he only called his Barons Bishops and Abbots to let them know he would have him to be secured his Successor by making him a Copartner in the Government and to prevent his being wronged after his Death was resolved to see him enjoy part of his Right in his Life therefore from these fine Premises he draws this Illogical Conclusion that he was elected by their Consent and when from Gervas himself whom he Cites it appears they were by the Kings express Command call'd to his Coronation and Paris says 't was at his Summons they came to Crown his Son and by his Fathers own bidding and if this solemnity shall make our Crown Elective since the Conquest we have had none Hereditary and our Kings must never suffer any Nobles or Commons at their Coronation for fear of such Perverters making it a Parliamentary choice But if any thing could be condemned in this unhappy Solicitation for his Sons security to succeed 't was only in making him a King before he came to be a Successor by defrauding himself upon a sollicitous distrust of part of that Divine Right when he was by God entrusted with the whole and making his Son to Anticipate that by his forwardness for which he should have waited the Almighty's leisure The Nature of Monarchy being inconsistent with a Duum-Virate units may be as well divided And the very Etymon of the Word contends for the sole Soveraignty it expresses And the very sad effects of this contradictory Coronation were the best Evidence of its inconsistency and verifies the Latin Aphorism of the Tragedian that the Crown cannot admit of a shareer or competitor no more than the Bed the making himself but half King was like to have lost him the whole Kingdom and almost made him none at all they soon animated the young Monarch against his Old Father and let him know that 't was absurd for any one to be called a King and to have nothing of Government that is essential to it in the Kingdom Daniel calls it the making the Common-wealth a Monster with two Heads and what then must it be with many but withal tells us 't was only the effect of jealousie that this King feared from his Mothers Example and that some of his false Subjects might also break all Oaths of Fealty to his Son as well as this perjur'd Author has that of his Allegiance to his Sovereign and I believe this alone made this King so carefully Praecipitous as to prevent the Expiration of his Reign with an Anticipation of the Grave and a Resignation of his Rule with a POLITICAL DEATH for this Crown'd Son was soon by LEWIS of France embolden'd to that insolency from having the half that in plain Terms he demanded the whole and what the too bountiful Father had no Reason to grant by fair means the ungrateful Son resolves to obtain by foul sides with the King of France and many of the divided Kingdom with Him and are all in Arms ready for Ruin and Destruction neither did they lie down their Swords till it ended as all Alterations in a Monarchy in BLOOD and the Coparcenary King shortly after his Life but a little before reconciled to his too provident Father I am sure this shows even the Participation of the Royal Power dangerous tho by those that had Right to Succession and if such an Alteration in the Government can prove so fatal much more then an altering the Succession it self and if a Crown can't like a common Conveyance with fafety be made over in trust I dare say 't will be less secure to cut off entail The next Reign that we have Reason to reply upon is that of Richard the First and with that his irrational Inferences have dealt as unreasonably for he there by his own Confession has no other Authority for his Election as his own words have it but the words of his Historian and yet this very Historian whom he there most impudently traduces and abuses acknowledges his Hereditary Right to the Crown by which he was to be promoted before ever he tells you of the solemn Election of the People which beyond contradiction confirms what the Worthy Dr. B. has as significantly suggested that the common acceptation of Election amongst ancient Authors imply'd nothing less than what our factious insinuators apply it to and that they meant nothing else but Confirmation or Acknowledgment for first would such a Learned Authority as he cites only labour under a learned Contradiction and tell you such an one was promoted for his Hereditary Right and then in the very subsequent words declare it was by solemn Election Certainly such Immortal Authors could never wage with Sense and Reason a Mortal War and he himself is so favourable to their pious Memory as to omit all the seeming Contradiction because not reconc leable to his prejudic'd Interpretation and when Historians tell you of any thing of Election which he would have popular be sure he omits what ever they say of Hereditary Succession before so has he done here so in most of the Citations elsewhere And next also he tells us that his Father had gotten the Succession confirm'd to him in his Life Of which many of our modern Historians are totally silent and afterwards that he was again Elected by the People of which in his sense none truly speak nether is it reconcileable how they shou'd twice solemnly choose him for their King when even in Poland it self once will serve but besides before his Solemn Coronation or as he wou'd have it his popular Election immediately after his Fathers Funeral without doubt upon the consideration of his Hereditary Right he exercised as he might well do and as has been since resolv'd any King of ours may an absolute Power of a King before this Solemn Ceremony of Coronation for presently he seizes upon his Fathers Treasure in France Imprisons Fetters Manacles the late Kings Treasurer to extort the uttermost penny I think such a severe sort of absoluteness as they wou'd not now allow
Countenance this Usurpation for he was soon made sensible that a Crown seldom sits easie on that Head where it has so little Right to sit and indeed before it could be well setled his Lords conspired against him at Westminster set up Maudlin the Counterfeit send to the King of France for assistance Glendour stirrs up the Welsh to rebel the Nobility fell from him drew up the following Articles against himself viz. for having Articl'd himself against his Sovereign for having falsified his Oath in medling with the Kingdom and the Crown for taking Arms against his King Imprisoning Murdering Him that he unjustly kept the Crown from the Earl of March to whom of Right it belonged and vowed the Restoration of Him and His Destruction and our Author now shall know these too are Articles as well deserving to be read and one thing more that deserves as much Observation that this his good Peoples Election was the prime Principal Cause of losing of Millions of Lives and an Ocean of Blood here entred that Line of Lancaster that had almost left the Nation Childless the Nobility and Gentry that escap'd the Sword were still by the prevailing Party chopt off or gibbited and in the space of about thirty year and somewhat upwards they dreined more Blood in England then e're was spent in the Conquest of France or would have been spilt had it been again attempted and that too never have been lost by their Henry the Sixth had it not been for an altered Succession and an injured Heir and the Bloody Consequences of a debarr'd Right And now at last he is forc't to allow an instance of a Prince that succeeded without the least shadow of Election and that in Henry the Fifth to whom himself owns they swore Allegiance without staying for his being declared we are obliged to him for this fair Concession but this Kindness is only because he finds it as clear as a Postulatum in the Mathematicks beyond his own Impudence to contradict but however he must malitiously observe that it was a thing strange and without President and why so because his Polidore tells him such an extraordinary Kindness was never shown to any King before t is strange that his Italian should understand more of our own Government than all our own English Authors 't is no wonder sure if he that was a Stranger to our Affairs should Write as strangely of it and make our Mighty Monarchs of Britain no more then some petty Prince of his own Italy and as Elective as their Duke of Venice But this perverse Gentleman shall know it was not without President and that by several Instances And first Richard the First presently on his Fathers Death without staying for their suffrages seised on his Father's Treasure was girt with the Sword of the Dutchy of Normandy took fealty both of Clergy and Lay and exercised all the Authority that Sovereign power cou'd allow before he came to be recogniz'd by their Suffrages or to his Coronation 2. Hoveden's Account that he gives of King John's coming to the Crown which as some Writers say is the extant says they swore Fealty to him when he was out of England without mentioning any thing of Preceding Election and he had his better Title his Brothers Army then in the field by which he cou'd have made himself soon their King had they not been so ready to receive him 3. Upon the Death of Henry the 3d. the States Assembled at the New-Temple and proclaimed his Son Edward King when they knew not whether he was living or dead swear Fealty to him and cause a New-Seal to be made Here sure are some presidents of Allegiance before their Election unless he 'll make Declaring or Proclaiming to be so and then in Gods Name in that sense let them as he contends for be Elected for I think all will allow they are proclaim'd But suppose on the death of a Predecessor there was no convention of any of the Nobility or Commonalty for Parliaments they then can have no Existence when the Breath is gone that gave them Being as all other Communitys are de facto dissolv'd If I say there were none met to Declare or Proclaim his Succes must the common Maxim be contradicted and the King dye too for want of their Popular Breath to give him Life or do our Laws admit that this interval between his Predecessors expiration and the proclaiming or crowning his Successor shall be call'd an Interregnum they know the Constitutions of our Government admit no more of this than an Exclusion They know that immediately by Descent King James was declar'd to be completely and absolutely King and that by all the Judges of the Kingdom I know the Kings Successor is always immediately proclaim'd upon his death and that perhaps is more for the proceedings of judicial Processes and that Writs may presently run in his name But were such a Proclamation obstructed I am satisfi'd he commenc'd an absolute King upon the very Minute of his Predecessors Expiration and if the Law Maxim won't allow an Haeres viventis there can be no Heir at all if he begin not to be so presently upon his Predecessors Death and for an Evidence of Fact as well as Reason this very King of whom we now treat catcht at the Crown while his Father was catching at his last breath seised it as his own as being his Right assoon as the gasping Monarch did but seem dead who only reviv'd to let him know how little that Right was by which he claim'd and so sealed the wrong he had done with his last breath the Successor declaring his own Sword should maintain what his Fathers had got Immediately upon this Henry the Fifths Death his Son Henry the Sixth succeeded This Author himself can talk of nothing of Election here neither but that he succeeded as his Fathers Heir but to make the power of Parliament prevail in this Kings Reign he is forc't to fly to a President that prevents any other Confutation of his whole History for whereas he has contended all alone for a Parliamentary priviledge for altering the Succession here he has brought upon the Stage one that condemns it self for doing so here we find a Duke of York too by the power as this Gentleman would have it of a Parliament but rather a perfect Vsurpation upon the Crown for a long time excluded from his Birthright and to make way for one of their Usurpers that was a Monmouth too That Exclusion was begun but with a Rebellion and it ended in as much Blood is our having been wretchedly miserable an Argument for our tempting the Almighty to make us once more so shall we Plot against Heaven for our Destruction and defie Fate to make us happy 't is matter of Astonishment to find the very Presidents of our Nations ruin to be preferr'd as expedients for its Preservation unless they think a Prince whose Just
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 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 should contend for the disordering the Succession of the Crown who still labour for the Lineal Discent of their own Common Inheritance 〈◊〉 I will appeal to the breast of the most 〈◊〉 contender for this Power whether an Act made for the disabling one of their own Sons or design'd Successors would not by themselves be look't on as 〈◊〉 if not utterly defeasible and then 〈◊〉 sure prodigiously strange where so many Learned Heads tell us of a sort of 〈◊〉 from a power Divine where the 〈◊〉 Custom of the Kingdom has 〈◊〉 a constant course of Lineal Discent 〈◊〉 as has been shown a perfect 〈◊〉 interven'd And where themselves 〈◊〉 this sort of Succession has 〈◊〉 sometimes by Statute entail'd yet 〈◊〉 they should think that but Justice 〈◊〉 their Kings Successor which they 〈◊〉 resent as an Injury to their own 〈◊〉 they may vouch for it the common 〈◊〉 of Recoveries from a right Heir with too Cunning sort of vouching and 〈◊〉 too much practis'd but I am sure no way agrees with the Laws of Forraign Nations and has been a little 〈◊〉 by some learned Heads in our own 〈◊〉 some that have brought it into 〈◊〉 seem to have rais'd a Devil not soon to be put down in their Dialogue but however this Objection is 〈◊〉 analagous nothing of a Parallel 〈◊〉 for here is a Complication of both 〈◊〉 Concern'd and concluded upon 〈◊〉 both their Consents and where shall 〈◊〉 find the perfect Proprietor of 〈◊〉 and Scepters and when God has told us 〈◊〉 that by him they Reign that bear 〈◊〉 and they 'l hardly vouch the 〈◊〉 for a piece of Injustice But allowing for once a meer Human Constitution 〈◊〉 in their bandied Authority of Saint 〈◊〉 an Ordinance of Man and the 〈◊〉 Consent with his Parliaments to 〈◊〉 the Point yet still the great 〈◊〉 would call for a little longer 〈◊〉 than a Common Recovery 〈◊〉 not presently to cut off the right of Heir to three Kingdoms only 〈◊〉 commonly done at Westminster of 〈◊〉 to so many Cottages and besides 〈◊〉 that has been practis'd so long and 〈◊〉 the test of Time and this their 〈◊〉 would have been the first President And at last what has silenc'd their Advocates for ever the non-concurrence of the King and his Lords whose consent was by themselves suppos'd to be necessary because requir'd and will like those recognitions of some of our former Parliaments for an Hereditary Succession perpetuate that right in spight of the Laws of others that were made for altering it and should the Commons ever get such a Bill to pass 't is enough to say 't was once rejected by the Peers unless they can prove that the Question was put again Whether the lower House should take advice of the Lords in the Legislative power and that 't was Resolved that the House of Peers was useless dangerous and ought to be abolish't and Order'd that an Act be brought in for that purpose Queen Mary succeeds her Brother Edward with all the Right of Blood with all the Law of God and Man too on her side for whatever the Parliament pretended they could never 〈◊〉 that which was begotten in Matrimony celebrated according to the Laws of the Church and the Realm for whatsoever defect there was found subsequent to the Consummation of the Marriage in common reason and equity ought not to have extended to the making that Issue spurious which had all the requisites to the making it truly Legitimate 〈◊〉 perhaps the subsequent discoveries 〈◊〉 be sufficient to cause a Divorce and in the too Common Case of Adultery 't would be severe far from Equity to make Bastards of all that were born before the Conviction of the Fact but it may be reply`d to this That these were such Impediments as related to the Contract ab Juitio and where that 's 〈◊〉 there the Children begotten after 〈◊〉 be suppos'd Lawful Heirs when the Contract it self is against Law but tho 〈◊〉 I shall look upon that as a rigorous resolution when I think Innocents and Infants ought to be more favour'd especially when there is a Maxim in the Law even in the like Cases that the fact may be valid tho the doing of it can't be justifi'd and besides there being a Rule that obtains amongst Civilians That Marriage contracted without any preconceiv'd Impediment tho it after 〈◊〉 to be dissolv'd as unlawful yet 〈◊〉 begotten in such a state are reputed truly Legitimate and tho Appeals
Burgesses elected by themselves but this can't be gathered from Eadmerus the much better Authority who in the Titles and the Stile of near Nine or Ten Councils of his time not so much as mentions them King Stephen what he wanted and was forc't to spare in Taxations which were not then granted by the suffrages of the Common People tho they commonly bear the greatest burden of it tho he did not according to the Power he was then invested with raise great Sums upon his Subjects and the greatest Reason because he could not the Continual Wars having impoverisht them as well as their Prince and it has the proverbial Authority of necessitated Truth That even where it is not to be got the King himself must foregoe his Right yet this mighty Monarch's power was such that Confiscations supplyed what he could not Tax and as our Historian tells us upon light Suggestions not so much as just Suspicions he would seize upon their Goods and as I remember the Bishop of Salisbury's Case in his time confirms But tho the Menace of the threatning King the Text be turned now into the clear Reverse and our Kings Loyns no heavier then the very Finger of some of his Predecessors still we can find those that can preach him down for a Rehoboam or some Son of Nebat that makes Israel to Sin Henry the Second resum'd by his own Act all the Crown Lands that had been sold or given from it by his 〈◊〉 and this without being questioned for it much less deposed or murdered whereas when our Charles the First attempted only to resume the Lands of Religious Houses that by special act of the Parliament in Scotland had been settled on the Crown but by Usurpation were shared among the Lords when 't was only to prevent their Scandalous defrauding of the poor Priest and the very box of the poor to keep them from an 〈◊〉 and even a cruel Lording it over the poor Peasant in a miserable Vassallage beyond that of our antiquated Villains and when he endeavoured all this only by the very Law of all the Land by an Act of Renovation Legal Process and a Commission for the just surrendring Superiorities and Tyths so unjustly detain'd from the Crown but our modern Occupants of the Kirks Revenue had far less Reverence for the State chose much rather to Rebel against their Prince for being as they would Phrase it Arbitrary than part with the least power over their poor Peasants which themselves exercised even with Tyranny This was the very beginning of the first Tumults in that Factious Kingdom and 't is too much to tell you in what they ended Richard the First had a trick I am sure would not be born with now he pretends very cunningly to have lost his Signet and puts out a Proclamation that whoever would enjoy what he had under the former must come and have it confirmed by the new and so furnisht himself with a fine fund he could fairly sell and pawn his Lands for the Jerusalem Journey and as fouly upon his return resume them without pay And all this the good peaceable Subject could then brook without breaking into Rebellion and a bloody War and as they had just then none of their Great Charter that made afterward their Kings the less so neither had they such Rebellious Barons that could not be contented even with being too Great as they were then far from having granted so gracious a Petition as that of Right so neither you see so ready to Rebel and that only because they could not put upon their Prince the deepest Indignities the greatest wrong And these warrantable proceedings of our Princes whose power in all probability was unconfin'd before the Subjects Charter of Priviledges was confirm'd must needs be boundless when there were yet no Laws to Limit them yet these two Presidents were as impertinently applyed by the Common Hackney Goose quils whose Pens were put upon by the Parliament to scribble Panegyricks upon a Common-wealth to prove all our Kings a Catalogue of Tyrants tho the Presidents they brought from those times were clear Nonsense in the Application and no News to tell us or reproach to them that those Princes were Arbitrary when they had yet given no grants to restrain their Will Here I hope is sufficient Testimony and that too much to Demonstrate that our Kings of old by long Prescription were so far from being guided and governed by a Parliament as our Factious Innovator would have them now that in truth they never had any such Constitution and the People then insisted so little on their own Priviledges that they could not tell what they were and the Princes Prerogative so great that even their property could hardly be called their own But these being but Presidents before their Charters were granted or the Commons came in play tho these preceding Kings might deviate from the common Custom of the Realm in many that some may call irregular Administrations yet the Customs of the Kingdom relating to the Royal Government in all those Reigns were never questioned much less altered they never told their Kinge then as this piece of Sedition does now that their Nobles were to manage their Affairs of State as well as he would have even a Council of Commons We come to consider now whether from the granting them Charters which was done in the next Reign that of King John when the long tugged for Liberties were first allowed or from the Constitution of admitting the Commons to consult which by the greatest Advocates can't be made out handsomely before this Kings time or his Son and Successors who might well be necessitated to Consult the meaner sorts when all the great were in Arms and wisely flatter their Commons into peace when the Lords had rebelled in an open War tho' still good Authorities will not allow them to be called in either of their Reigns not so much as to be mentioned in any of their Councils and that even to the 18 of Edward the First wee 'll see I say now whether from these as they count them the most happy times That blessed Epoche wherein their Kings were first confined down to those which Posterity will blush at the Period of Villany when this Proposition was among the rest proposed whither ever the Parliament pretended unless when they actually rebelled as they did here to manage their King and his Affairs of State The greatest Lawyer and the most Equitable one that lived in this Henry the Thirds time tells us the King has a power and Jurisdiction over all that are in his Kingdom that all are under him that he has not an Equal in the Realm and sure the Project of putting the Parliament upon choosing of his Council for the managing of his Affairs or assuming themselves to manage it certainly would make the Subject have some power over him make him more then Equal or
several Kings and particular Princes The Druids as may be gathered out of Caesars Commentaries had in those Ignorant days all the Learning and the Law But too little alass to let us know whether their Princes were absolute Monarchs or limited Hereditary or Elective though 't is to be suspected they were both unconfined in their power as well as succeeded by their blood those poor Embryo's of Knowledg the very primitive Priests of Barbarous Heathens that in their highest felicity were no happier than the first asserters of the Gospel under Misery and Persecution their reverend Hermitages but the Woods the Dens and Caves of the Earth were far sure from disputing the right of Sovereignty when only capacitated to obey far from transmitting to us the frame of their Monarchy unless they had known the Egyptian learning of writing on the Barks of Trees and made their Libraries of the Groves in which they dwelt The Princes and Monarchs of their Times were wont to frequent those pious places for Worship and Adoration and had a Veneration too without doubt for those reverend Bards that sacrificed but were far I believe from subjecting their Regal Authority to that Divinely Pagan tho' then the sacred Jurisdiction tho' 't is reported that upon Caesar's invading them the very power of Life and Death and the Punishment for all manner of offences was in their sacred Breast and such as would not stand to their award were forbidden their Sacrifices which Interdiction then was the same I believe in effect with the modern power of our Church to Excommunicate but besides another reason and the best too why we have nothing delivered from those sacred Oracles of Religion and Law why the History of those times is still uncertain and was never transmitted is because they were expressly forbidden to transfer any thing to Posterity or to commit it to Books and Letters tho somewhat of that sort of Communicating must be supposed by that Inhibition to have been Imparted to them from the Egyptians Greeks Romans those Eastern Climes through which Learning and Letters had their first Progress But whether their Ignorance or such a prohibition were the Causes why nothing descends to us of the Government of our old Britains 't is granted by all and by this Author himself that it was Monarchical that Kings Reigned here ab origine if not Jure divino Though I look on their Antiquity no small Argument of their Divine Right and for the probability of their Haereditary Succession which I insinuated above can I confess since we are so much in the dark be only guessed by the light of Reason and that I shall make to warrant the Conclusion from the present Practise and Constitution of all barbarous Nations where the next of blood still mounts the Throne unless interrupted by Rebellion and that 's but the best Argument of our Author for the Power of his Parliaments and if only for this certain Reason we have more Authority to conclude it was then Haereditary then he only from the uncertainty of the Story has to conclude it otherwise In the next place I see no reason why his Sentiments should determine other Peoples thoughts and why we should not think that the following Heptarchy of the Saxons tho they had their seven Kings yet still might agree in one rule of Succession nay tho their Laws were so different too as he would insinuate which is not absolutely necessary to suspect neither for they being all one Nation and then but just called from their home by our British King Vortiger for his assistance may probably be supposed to have retained for the Main the general Rules and Laws of their own Countrey tho when divided into those seven Kingdoms they might also make a sort of private by-Laws according to the different Emergences of particular affairs that occurred in their several Governments Can he prove that the Succession of the Saxons in their own Countrey was not Hereditary when they inhabited in their small Dukedom of Holstein and that consequently they retained the same sort of Election in their new acquired Government here that they left in their own at home this he does not undertake to suggest because not able to prove there having been a probable Monarchy all along Hereditary if Paternal Right was wont to descend so for that is proved by most learned Pens and these Saxons are believed to have been the relict of the race of Cimbrians that inhabited that Chersonese so called from its Inhabitants of whom Gomer the Son of Japhet was the Original Father or Prince But what ever was their Government before he allows them to have set up seven Monarchies here only can't think they agreed in one Rule of Succession because governed by different Laws which tho granted is so ridiculous an Infinuation that greater Differences atpresent between greater Kingdoms and Nations far more remote in Place far more different in Religion contradicts the Suggestion who for the most part now over the whole World agree in an Hereditary Succession to the Crown and the Argument would have been as strong and as apparently foolish if he design'd it for a Specimen of his folly that since France and Spain Sweeden and Denmark are govern'd by different Laws we can't imagin them to have one sort of Succession Which very Rebound of his own Pen wounds his Cause more than any direct stroak of his Adversaries for since we see those more different more distant Nations agree in one Rule 't is sure a Logical Inference a Majori that those that were less different might And for the Changes and Consusions of those Times which he urges as an Argument of their uncertain Succession that is in effect his very Alpha and Omega and his praefatory Suggestion only proved through his whole History that in times of Confusions and Rebellions Succession is uncertain and so is all Property and Common Right all meum and tuum all that the Law of God or Man can make his own But as obscure as he makes our Succession before the Romans came 't is not so dark and unintelligible but that we may gather light enough from it to have been Hereditary We won't rely on the Fable of Brute and the Catalogue of near 68 Kings that are said to have Reigned Successively here before the coming of the Romans yet allowing it an entire Fable we may draw from it this Moral at least that a Fabulous Tradition sometimes has somewhat of reality for its ground as the patching up a Centaure a Chymera with a thought results from several Objects that are simply real abstracting from the compounded Fiction And tho we might not have 68 Kings successive before the Roman Conquest yet that there were several appears and he owns and I conclude Hereditary from the common rule in all Barbarous Nations when ever discovered in which the further back we run in the History of the Old World the more we are confirmed
have not to value it for their giving to any Son besides their Eldest what was theirs by Arms is no more than what we our selves do now by Laws and tho the Fewds now obtain and Entailments yet still what 's our own by purchase is unconfined and not ty'd to descend by Primogeniture but at an arbitrary Disposition of the Lord and Purchaser and which is commonly disposed of too by the Father to some of the Younger Sons and a Conqueror that purchases all by Blood and Wounds must needs be allowed as much Liberty as the Miser that obtains it by his Wealth or a Land Pedler that buyes his purchase for a Penny But tho this might be a warrantable Donation yet you may observe as if the donor had not been in it altogether Just so it never at all prospered with the Donee the very Gist it self like Pandora's Box was most fatal to those that received it a Vice like Virtue is oft a Punishment to it self as that other a reward the not suffering the Crown to descend by entail entailed what was worse a War and both Brothers assault the Testamentary Usurper at once as looking upon it notwithstanding the specious pretext of a Will but a plain wrong and where this prejudiced Historian makes this Rufus to rely on the consent of the Nobles for the Confirmation of his Fathers Will 't is evident he only called them together that by Largesses and Corruptions fair Words and Promises he might win them from assisting his Brother Robert whose Right he feared notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even or give Robert the better by their deserting this Rufus And that notwithstanding all his Artifices they did and Odo Bishop of Bayeux leads the dance and notwithstanding says Paris that he was their crown'd King their sworn King and they must be perjur'd for it they raised a War against their King William and set up Robert the First-Born for their King all declaring the Right belonged to him and this the Opinion of several of the Nobility Lords Spiritual and Temporal Persons alway I fancy qualified to recognise a Right if Religious or Lay-Judges could decide it and so well assured were they of the goodness of the Cause that they conspired for it rebelled and were banisht for it success not always attending a good Title no more than it can Justify a bad And at the last the most unfortunate end of this Testamentary Prince may serve somewhat at least to discourage the Religious from invading of a Right tho it may not the Politician and for the Injury he did all along to the Right-Blood Providence seemed to bring upon his head his own and sent that sort of an Usurper too to the Grave with the fate of Tyrants not with a common dry Death but in his own Gore and he that had held the Scepter but with a pretended Right by this disastrous Death gave an opportunity to a perfect Intruder that had none at all Henry the first who being in new Forrest when his Brother was killed did not stay long to consider the disaster or to get the Carcass Coacht home instead of Carted but rides to Winchester seizes the Treasure and that soon helpt him to put on the Crown The Purple Robes soon followed those Golden Regalia and the Power absolutely Usurpt will irresistibly force a Coronation but tho Crown'd he was a good Author says who liv'd and wrote then as great men then sent for Robert promised him his Right and as resolutely stood by him too and well they might when he had been debarred his Birth-right once before and besides the Right of Blood had refused his Assignation his early Pension and had compounded for his own Kingdom which he had so much Title to without the Composition But Mat. Paris tells us in the first Lines of this Kings Life that the Nobility were utterly Ignorant what was become of this Robert Duke of Normandy but that when he sent privately to them in England Letters alledging his being first Born and that for that very Reason he declared the Right of the Kingdom belong'd to him assoon as they heard those Allegations of his unanswerable Right promised him their best advice and to lend him their Assistance which they did too and Robert came over forc't his Brother to a Composition for 3000 Marks yearly and at least made the Vsurper but a Tributary King and all the Argument out of this Reign that our Elector here fetches for his making our English Monarch a King of Poland is this Usurpers courting the great Council to confirm it to his Son but so would a Cromwell the Parliament for the Succession of his Son Richard and sure such Creatures have need to anticipate all sorts of security for their Sons Succession that have gotten all their Right by Anticipation of anothers or absolute wrong but the parallel holds still between that antient Usurper and the more Modern I mentioned they both felt their Consciences prickt in their unjust obtaining of a Kingdom they both feared the Judgments of the Almighty both as unhappy in their designed Heirs one born to be Drowned the other to be a Fool and as their Fame stunk above Ground so did both their Bodies before they went under and Paris tells us the first committed Murder after he was Dead and poysoned his Doctor before they could get him down into the Dust tho he smartly observes this was the last among the many this good King Henry had destroyed The last remark I shall make on this Mans Reign is but what this malicious Historian has made very Remarkable and that is from an Author that he cites for saying that this Robert had discovered too much of the Cruelty of Disposition of his averseness to the English Nation and his proneness to revenge and this Character must be most Emphatically markt out that they might not miss of his meaning another Duke a Prince to whose Valour and Conduct the Wretch ows his Freedom from a Forreign Yoke and the Nation her safety and security and so far does his malice transport the Sot that he falsisies for it the very Latin he translates Perversus contrarius et Innaturalis He makes cruelty of Disposition and for Proneness to revenge not one Syllable in the whole Citation and then besides the words of the Author he cites are the same verbatim which this Henry the first used against his Brother when he makes a Speech to his Nobles to make him odious from whom this Author I believe borrowed it and his as meer revgene ful malice to the Duke of York as that against Robert the Duke It is here evident that this Gentlemans Principles and Perswasions are clearly Democratical and writ with a perfect design to please the People as plain as if the rabble beast the Monster Mobile were seen sawning
our Crowned King He is there girt by the Arch-Bishop with a Sword takes fealty both of Clergy and Lay makes a Truce with the King of France and all this before ever he came into England to be Crown'd or Elected And shou'd we yield to this perverse Imposture the signification of his word for which he has so long labour'd yet all this while we find his very People more willing to Elect him that had an Hereditary Right than a spurious Invader that had none at at all and did actually Confirm him in his Succession unless the more powerful Usurper terrifi'd them from their Loyal Intentions and truly the mistaken Gentleman might have as well prov'd that he was the third time Elected too when after his Imprisonment that he suffer'd from Henry the Sixth the German Emperor after he came home and had held a Parliament at Nottingham he was again recognis'd for their King and Crown'd at Winchester But what can be better Evidence of the precedency that was allow'd to the nearest of blood in a Lineal Descent then this Princes Care he took in appointing his Nephew Arthur to Succeed him tho he had a Brother of his own to whom he had shown a liberal largess of his Love when he began to Reign in bestowing on him no less than half a dozen Earldoms a good part of his Kingdom Certainly this Earl John was nearer to him in Blood and Affection and then what cou'd move him to this Testamentary Disposition but the more nearness of the other to the Kingdom and the Crown But in spight of all Adoption and Right JOHN as great an Usurper as any laid hold of the Scepter and held it too only as some of our Tenures in Law by primer occupancy he had his Brothers Army in the field and that was then enough to have made a King of a Cromwel an Hewson a Brewer or a Cobler powerful Arms that filence any Law But still the Nobility were for maintaining the Right of Succession in Arthur and as they call'd it the usual Custom of Inheritance most of his Provinces in France stood firm to him and so did the King of it and had Fortune favor'd him upon whom for the most part it frowns the Justest pretender he had not been made a Prisoner to his Uncle to whom he was a King and been murder`d by him after the Siege of Mirabel But the Barons rebellious Insurrection soon aveng'd the Barbarous Butchery and but bloody consequences here too attended the Debar'd Right He is forsaken of all his People and the French Kings Son a perfect Forreigner invited in for a King and his end at the last as unnatural as the death he gave to his Nephew And here upon the Coronation of this intruding King John the factious Historian rehearses the Clause of Hubert the Bishop of Canterbury's Speech that declar'd the right to the Crown to consist only in the Election of the People but disingenuously omits the very reason of the self same Prelate who when he was pincht with the Interrogatory why he would preach up such pernicious Principles own'd it more a Design of Policy than the Sense of his Soul But to give him a perfect Rowland for his Oliver he will find in the Life of Richard the Second a better Bishop making of a more Divine Speech and asserting the Right of Succession more 〈◊〉 than ever this designing Metropolitan was able to confute But that worthy Prelates Doctrine did no way countenance our Authors seditious Observations and so directly different from his Huberts Harangue that he might well pass it by without reading and which must certainly have 〈◊〉 him into Blushes to have read Henry the Third a Prince too young to know his Right much less to be able himself to take Possession of it was presently upon his Fathers Death Crown'd King Certainly upon the Consideration of his Hereditary Right or the Testamentary Donation of his Father whom Paris says he appointed his Heir as his First-born made the Kingdom swear Fidelity to him sent his Mandatory Letter under the Authority of his Great-Seal to the Sheriff's of the Counties to the Keepers of his Castles that they shou'd all be intent upon the Business and upon his death they show'd themselves as ready to perform it and what can the most factious Pen make more of this than an Acknowledgment of Hereditary Right especially when the same Author in the beginning of the young Kings Reign says they only came together to Exalt him to the Throne of his Father and not one word of their Suffrages or Election therefore what could not be proved from matter of Fact must be suggested with an Innuendo and because the good Earl Marshal in a perswasive Speech exhorted them to adhere to their lawful Sovereign it imply'd the Consent of the People requir'd if such an Assent shall make the Kingdom Elective 't will be hard to proveany Hereditary for all people that do not actually Rebel and Oppose must in that sense be said to Consent and Elect and when ever our Kings are Crown'd 't is so far with the Consent of the people that they do not interrupt the Coronation But can he prove in any of his pretended Elections much less here that ever in England they balloted for the Crown or drew Lots for the Kingdom that they had ever any certain number of Electors as in Germany or carried it by Majority of suffrages as in Poland ' tho I believe some of them would make no more of his Majesty than a Bourrought Representative or a County Knight and 〈◊〉 allow him the Freedom of a Pole But with what face can he urge it here when the whole drift of Pembrokes Oration was only to satisfy them the Succession belong'd to the Son and that the French Usurper Lewis would be the ruin of the Realm which Speech was so effectual too that several of the Principal of the Barons not withstanding that open hatred to his Father in spight of Obligation of an Oath to Lewis they still thought their Loyalty and Allegiance more obliging and revolt from the French-man till all at last deserted of all he abjures his claim and the Kingdom together After he had been first routed by Land at Lncoln by Pembroke the Protector and his fresh supplys at Sea near Dover by Hubert the Gouernour And the bold Speech of that stout Souldiers to this powerfull Prince when he demanded Dover on the Death of King John was a better Evidence what sense the people had of a Lawful 〈◊〉 than he from the Marshals can evince that he succeeded by Election and against the Laws of Descent and all that he can pertinently draw from the Protectors Oration is that an Infant King did not speak for himself But if ought be a blot in his Succession 't is what this praejudiced Historian I am sure does not care to Hit and that is the weakness of his
us yet I cannot see why a Prince shou'd be deny'd the priviledge of a private Person And the Brother of our King the claiming his Right in Equity what is allow'd the meanest Subject when forecluded by the Law The next immediate Succession of the Crown descends as immediately to the next of Blood and as for the most part it has done since the time of the Saxons from Father to Son the Fifth Edward as hopeful as unfortunate and the more in affording our Factious fellow another president for an Assembly of Rebels that prefer'd the very Murderer of their Soveraign and a pretended Parliament that plac't the Butcher of his Brothers Children on the Throne And truly this Monster might be said to be Elected by the People whom no God or Nature design'd for the Crown and who was forc't to break the Laws of both to come at it and a sort of Election it was like those we had of late in the City with Rout and Ryot and that in the same place too at their Guild-hall where the Duke of Buckingham very solemnly convenes the Mayor and Aldermen and there propounds to them and the rabble their new King Richard and it was like to be a fine sort of National Choice that was to be decided by the Freemen of London But whatever Influence as this Gentleman observ'd they had on the Succession nothing of their consents could be gather'd but from their silence for suffrages they had none they being all surpriz'd with so strange a Proposition Their Buckingham Elector with his Aldermen and some of their Retinue cry up a Richard and so carry'd all with a House of Commons Nemine contradicente And now for his Bill in Parliament made rather by a pack't Convention of Buckinghams for the Bastardizing of his Soveraign's Issue that very Roll of Rebellion acknowledges his right by Lawful Inheritance grounded upon the Laws of Nature and Custom and God himself also this which was rather a Convocation of Rebels than a Convention of States acknowledgd what this inconsiderate Author cites them to Contradict the Lineal and Legal discent of the Crown by Proximity of Blood but in this acknowledging of an Usurper the good Bishop of Ely then oppos'd and for it was Committed to Buckingham's Custody and Stow calls it all a meer mock-Election And here enters all in blood that of the Blood Royal and Innocents the meer Monster of a man that beyond her intention seem'd to crawl into the World while nature lay asleep with a distorted Body the proper receptacle for as perverse a Soul and in him the third great Example that our Impious Author vouches for the Practicable Presidents of a Parliaments abetting the plain Usurpation of a Rebel to the Rebellious deposition of a King that Reign'd and consequently the subsequent Murders of those that had the right and those damnable Proceedings against Edw. 2d and Richard 2d and these poor Infants has he more Elaborately handled than all the rest of his abominable Treatise and the Contradictory Wretch calls the Murder of the Nephews Barbarous yet pleads for the power of a Parliament that Introduc'd the Tyrant for their Murder for they were as much dispatch't by their suffrages in the senate as by Tyrrel in the Tower they were the Ministers of Injustice that sentenc'd them out of their Right and that other only an Executioner to dispatch them of their Life for the History of all Nations and too sadly that of our own verifies it for an experienc'd truth that the Destruction of those that have right certainly follows in all Monarchies the bloody Vsurpation or the popular Election of him that has none an Association will needs follow an Exclusion for whom they have expell'd they must destroy for such Murders as are grounded upon MAXIMS of State must as necessarily follow the Foundations upon which they are lay'd for whatever Usurpers undermine an old frame of Government their Interest obliges them to remove as rubbish all that shall obstruct the raising of the new and the dangers and fears from excluded deposed Princes or the poor injur'd Heirs soon makes it absolute necessity to cement the Walls with their Blood The best remarks that can be gathered from the following Reign of Harry the Seventh are to be found in the Lord Bacon's History the best account of that King and he tells us he had no less then three Titles to the Crown whatever that Italian States-man Commines could conceive to the contrary first his Title in 〈◊〉 of the Lady Elizabeth whom he was resolv'd to marry secondly that of the Line of Lancasters long disputed both by Plea and Arms thirdly the Conquest by his own But the Learned Historian observes the first was look't on the fairest and Yorks line been always lik't as the best Plea in the Crowns descent and for Confirmation of it the Learned Lord tells us that this Henry knew the Title of Lancaster Condemn'd by Act of Parliament and prejudic'd in the Common opinion of the Realm and that the root of all the Mischiefs that befel him was the discountenancing of the house of York whom the General body of the Kingdom still affected and whatever stress and reliance this Prince might place in the PARLIAMENT's power this able states-man observes there is still a great deal of difference 'twixt a King that holds by civil Act of State and him that holds Originally by the Law of NATURE and DISCENT of BLOOD so that we have here a Person vers'd in our own Laws an excellent and allowed Scholar by the whole World and not only Lauds and Bishops as our bigotted Author would have it allowing a Divine right by the Laws of Nature and who I am sure was so good a Naturalist as best understood her Laws and that Natural discent by blood to be much more preferable than any other Human title given by such Inferiour powers of a Parliament whom the most zealou's adorerssure won't acknowledg more Omnipotent then the God of Nature himself I shall observe another Historical Instance that a true lineal discent was then taken for the best title and even in those times had the greatest Influence which was the Lord Stanley's Case who tho the very Person that plac'd the Crown on this Princes head yet suffer'd the loss of his own only for saying somewhat that savoured of his kindness to the Succession and that if he was sure the Children of Edward were alive he would not bear Arms against them so mightily did the sense of the right blood prevail with him that he sacrified all his own for it and rather than recant what he so well resolv'd seem'd no way sollicitous for his Life But that which this Historian might have observ'd too in this Reign as a discouragement to the designs of some of their popular Patriots then afoot when he pen'd this his presumptuous piece was the ill success that two several impostures met with
in their pretensions to a Crown to which they were not 〈◊〉 no great Inducement certainly for any one to bepersuaded to personate the Royal Heir to set up for a Lambert or a Perkin only for their misfortune and fate Lastly I shall conclude my remarks upon this Kings Reign with an Animadversion upon a Paragraph or two that conclude his piece very pertinent to this place since it relates to the times of which we treat and that is the resolution of the Judges upon the Case of this their King that the Descent of the Crown purged all his defects and attainder This their opinion he refutes as Frivolous Extrajudicial and here Impertinent but I hope to show this Point a most material one the Resolution to be a good Judgment and their reply much to the present purpose First sure it was a matter and that of a high Nature to know how he was qualify'd to sit in the House that was to preside in it as the head And tho he might in some sense be said to have won the Crown with Arms yet he knew it would wear much Better sit much Easier if setled and establish't according to Law and tho a Conquerer that has the Sword in his hand can soon capacitate himself to sway the Scepter yet he 'l soon find the most regular Proceedings tend most to the Establishment of his Reign this made Henry the Seventh who had a Triple Plea for the Crown and that one by discent from the Lancasters consult his Oracles of the Law how far an Attainder past in the Reign of the Yorks would still taint his Blood and make it less Inheritable Secondly their Resolution that all preceding defects were purg'd in the discent was a Judgment both equitable and reasonable for 't was sure but equal that an Heir to whom an Inheritance and that ofa Crown was allowed to discend should be qualify'd to take too for if he was a King no Bill of Attainder could touch him that was past too when he was none And if he was no King all the concurrence of the Lords and Commons cou'd never have made him an Act for his being so there being no Royal Authority to pass it into Law and nothing by the very constitution of our Government can be made a Law without so that such a resolution certainly was highly reasonable and unavoidable that that should purge its own defects which no power had perfection anough to purge wou'd he have a King pass an Act with his two Houses for the reversal of his own Attainder or the two Houses reverse the Attainder of their King If the first the allowing him to pass such an Act supersedes the end for which it should be past and makes him de Facto capable whom they would capacitate if he allows the Latter then he must an Interregnum too extinguish that Monarchy for a while of which the very Maxim says the Monarch can't dye and place that Supream power in the People which all our Fundamental Laws have put in the King Thirdly this Resolution is very pertinent to the present purpose to which 't is commonly now apply'd and that is the Bill of Exclusion But his passion and prejudice would not permit him to Examin the little difference there is between them For certainly that ability that can discharge any attainder is as efficacious for the voiding and nulling any Bill that shall hinder the descent for a Bill of Exclusion would have been but a Bill or an Act of the House for disabling the next Heir And an Attainder can do the same and is as much the Houses Act and to distinguish that in an Exclusion the Discent it self is prevented by a Law makes just no difference for whoever is Attainted has his Discent prevented by a Law too and that antecedently also before the Descent can come to purge him so that they only differ in this formal sort of Insignificancy In an Exclusion the Discents prevention would be the sole Subject of the Bill in an Attainder it is by Consequence and Common Law prevented and so the disability being but the same in both the defects by the same means may and must be purged The president the Judges cite to justify this their Opinion is not only applicable to their Case for which 't was cited but much more so to the very project of Exclusion which I 'll prove too from this Sophisters own reasoning It is the Case of Henry the Sixth who by Act of Parliament was Disabl'd to hold the Crown which was as particular an Act for the depriving him of his presum'd right as this their Excluding Bill would have been of an unquestionable one Town one of the Justices that debated and argued this point vouch't this H. 6. Case as an Attainder but was Corrected by the rest and told that he was not attainted but Disabled to hold the Crown but even that that was void assoon as he came again to wear it and seem to conclude that then à fortiori that an Attaindere would be purg'd away by the Descent and sure if this was then Law and that even for the Line of Lancaster who had Defects of Title to be purg'd besides of tainted blood 'T is strange to me why a York now and such an one too in whom both those so long disputed Titles Terminate and Concenter should be Disabl'd for ever by that Expedient which was resolv'd unable to prevent the Succession so long agon For Argument that an Attainder hinders the Crowns Discent has this presumptious Interpreter of the Law brought the most impertinent piece of Application that the defect of sense could suggest and so has as little reason as Truth to tell us that this Judges Resolution on Attainder is not to the present purpose pertinent for that a discent is insufficient to purge attainted Blood he cites the Sense of the King of France and the Learned advice that was given him to send his Son Lewis Because King John's Blood was corrupted but he might as well have told us because John is said to make over his Kingdom to the Moor we are all now Subjects to the King of Morocco the true reason of the French mans sending of his Son is what will at any time incapacitate the Crowns Discent and that is the Rebellion of the Subjects and yet those very Barons that Rebell'd never insisted on his corruption of Blood never made it so much as a Plea for their Rebellious Insurrection nay themselves thought him so far from being disabl'd by it that they prefer'd him even to the very right Blood which was incorrupted in his Nephew Arthur but allowing it then Law this resolution that such Corruption is purg'd was made long since and must now be as Legal tho the Contrary before had been never so much Law so that here he has only taken the pains to be impertinent and that too for the telling of a Lye But as his Villanous
to 〈◊〉 were then Punishable with a Premunire yet the Civil Law then obtain'd much more than it does now that Stat. being very young as well as the Reformation and by the Laws of the Church long before it they were such Latitudinarians in this point that the subsequent Marriage would Legitimate those that were born before the Contract but that I confess was rejected here in 20 Harry the 3d's time because contrary to the common Laws of the Realm which the Parliament resolutely declar'd they would not change But what ever power they had of Nullifying this and making Mary spurious 't is certain another and latter Act made her as much Legitimate by making her Hereditary insomuch that what ever Edward her Brother was prevail'd upon a young Prince and a dying one whose forward Understanding might be well disorder'd with an approaching Death and an untimely end and which might be easily prevail'd upon in such Circumstances by the Cruel sollicitations of the defigning Northumberland whose Son had but just Married Suffolk's Daughter the designed Queen yet 〈◊〉 then 〈◊〉 the truly Loyal Bishop and as true a Protestant of which his 〈◊〉 to the right of the Crown was the best testimony tho now 't is made but a preposterous Emphatical expression of that Religion to invade it that worthy Prelate tho he suffer'd in the Succeeding flames of a real Persecution when demanded by these State Projectors his sense of the setting up of this Testamentary Queen declar'd it was no way agreeable to Equity to disinherit the two Sisters and that the Succession could not be Lawfully alter'd upon any pretence tho Religion then too was the very thing pretended the Bishop of Hereford that was as good a Protestant observes upon the Suffolk men siding with Queen Mary tho they knew she was for setting up of Popery says that our English are in their respects to their Prince so Loyally Constant that no regard no pretext of Religion can extenuate their Affections to their Prince and Lawful Soveraign And he writ it in a Time when the most malitious can't object it was to flatter a suspected Successor and when most of the Prelates themselves were so far from Rome that there was scarce an Arminian Upon the death of her Sister Doctor Health Arch-Bishop of Canterbury presently declar'd Queen Elizabeth's right to the Parliament then sitting who did not put it to the Vote as our Republican would insinuate they use to do but however did as much as was usual acknowledg'd that she was right Lawful Inheritor and presently she was proclaimed in Westminster-hall and in the next vote they do declare moreover in full Assembly Lords and Commons That this their Queen Elizabeth is their Lawful Soveraign by the Laws of God and so not only in relation to 35 H. 8. by the Statutes of the Realm and the Blood-Royal and in this open and generous Recognition they must Implicitly disclaim all power of Election or give themselves the Lye and so must our Impostor put upon them a falsehood if here his Parliamentary Choice must pass for a Truth but where matter fails them before and he can't prove his Election antecedent to the Monarchs right then as in some other places and here at present he can make the Prince tho own'd Hereditary by some subsequent Act of his own to make himself Elective and for this he cites you the 13 of this Queen the purport of which is to disable any one even after her Death to inherit the Crown that shall pretend to it during her Life But does not every one know that this was Enacted as all the fore-mention'd irregular Acts of her Father with her own seeking and desire and the bringing this for a president for a Parliamentary Power is just as pertinent as that of palliating the Treason of their late Covenant with the Title and Pretence of an Association made in her Time too with her own Consent and for the same purpose that this Act was past both being contriv'd in opposition to the pretences of the Queen of Scots and must the only thing that has Blacken'd her clear Integrity with Injustice and Blemish't her Virgin Innocency with Blood be brought upon the Stage for an Imitation to our State and because the Grand-mother suffer'd with a Bill of EXCLVSION and an AXE and the Father with the same Fate must the Son too that has experienc'd exile dangers and all but death from this power of Parliament Succeed only in their Misfortune and his Blood be made Hereditary only in being Split All that he says of King James is but what makes against him and what he might have said of all the rest that they made a Recognition of his right upon his coming to the Crown and truly such an one as must silenc'd all such 〈◊〉 for they acknowledg him Lineal Lawful Liege Lord by the Laws of God and Man this may suffice for my sense of his History and all honest hearts will concur with my Sentiments his subsequent observations are but the same with the Principles of his ASSOCIATES that follow where I shall reflect upon them together as they are combin'd And here only give him an omitted Instance as pertinent as the Presidents he has propos'd to bring down his Narrative to the Times Charles the first notwithstanding his proximity of Blood his possession of the Crown and his pretended right from God 〈◊〉 the Parliament imprison'd him MVRDERED him and put the Power in the People And now what can any Rational Soul living infer even from this Authors own Observations but that those Parliaments which he brings us here for Presidents both for disallowing the Discent of the Crown to purge the Defects of the Prince upon whom it descends as also those that concern'd themselves in altering the Lineal Discent it self are so far from warranting the same Practises and proceedings that they stand upon Record are Chronicl'd in History register'd in their own Journals declar'd by Special Acts REBELS and TRAYTORS and then no wonder if the poor People are encourag'd to Rebel when the very Presidents of TREASON shall be publish't as a Parliamentary Practise the deluded filly Souls don't so soon consider that if every Seditious Senate's determination shall decide too the Descent of the Crown that this consequence which even themselves may blush to own must as inevitably follow that from the Vnion of the Seven under Egbert to our present Soveraign the first Born Heir to our Three Vnited Kingdoms there never was or could ever be a REBELLION or ever one USURPER in the whole Catalogue of Kings Henry of Bullingbrook by this unreasonable sort of supposition had as much right to the Crown as that Unfortunate Richard from whom it was rent and torn Edward the Third but a Son Intitl'd to the wearing it before his Father had done with it himself and that Butcher of his Brothers Babes and the
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 〈◊〉 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 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 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 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 Eighth's time gives this Reason why 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 〈◊〉 next to God humble Obedience c. Who has furnisht him with Plenary Entire Power 〈◊〉 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 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 Government 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 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 from this Authority they can have no proof and from Wise Men can be gathered nothing but such as were Noble or chief of the Realm for the meaner sort and that which we now call the Commonality were then far enough from having any great share of Learning or common Understanding and then besides these Wisest of the People were only such whom the King should think Wise and admit to his Council far from being sent by their Borroughs as elected Senators King Alfred had his Parliament and a great one was held by King Athelstan at Grately ' which only tells us there were Assembled some Bishops Noble-Men and the Wise-Men whom the King called which implies no more then those he had a mind should come But the Antiquity of a Parliament or that of an House of Commons is not so much the thing these Factious Roll and Record Mongers contend for 't is its Superiority Supremacy and there endeavours to make them antient is but in order to the making their Power Exorbitant and not to be controul'd by that of their King whom in the next place this Re-publican can scarce allow the power of calling them at his Pleasure and dissolving them when he pleases But so great is the Power of Truth and the Goodness of the Cause he Opposes that he is forc't to contradict himself to desend his Paradoxes For he tells us the King is obliged with an hear say Law which his learned in the Faculty and Faction can't find out yet to call Parliaments as often as need should be that is
they think fit And also not to dissolve them till all their Petitions were answered that is till they are willing to be gone But then will I defie the Gentleman to shew me the difference between this their desired Parliament and a Perpetual sitting do not these industrious Endeavours for such a perpetuity of them plainly tell us 't is that 's the only thing they want and that they are taught experimentally that that alone run the three Kingdoms into absolute Rebellion and ruined the best of Kings and can as certainly compass the Destruction of the present But I 'll tell the lump of Contradiction first the words of our greatest Lawyer and then his own Cooke says none can begin continue or dissolve a Parliament but by the Kings Authority Himself says that which is undoubtedly the Kings Right is to call and dissolve Parliaments 'T is impertinent to labour to contradict that which he here so plainly confutes himself the Statesman being so big with his Treasonable Notions so full of his Faction that his Memory fails him makes him forget his own Maxims and makes his subsequent Pages wrangle with the Concessions of those that went before His next Observation is a perfect Comment upon his Text that had in it implicit Treason before he tells us in Justification of the Barons Wars which all our Historians represent as a perfect Rebellion That the Peers were fain to use their Power and can he tell me by what Law Subjects are impowred to Rebel He calls it arming of their Vassals for the defence of the Government That Bill by which they would have associated of late that I confess had it past into Act would have made Rebellion Statutable And they themselves must indeed have had the Sovereign power when they had gotten their Sovereign to suffer himself to be sworn out of his Supremacy they might well have armed their Vassals then when they had got his Majesties leave to commence Rebels and Traytors for the Protection of his Person and the Preservation of his Crown and Dignity But these humble Boons were no more 〈◊〉 that Bill must have begged and these kind Concessions no more than was expected from the Grant of a King so Gracious a Petition that might well have been answered like that of Bathsheba's by bidding them ask the Kingdom also The Barons standing in open defiance to the Laws tho they stood up too so much for them He calls the Peers keeping their Greatness and this is the Sovereign Power the Rebel would have them again set up for to be great in their Arms as well as Quality and demand with the Sword again the Prerogative of their Kings and the grant of the Regalia which in their preposterous Appellations was abused with the pretence of priviledge and right and which the force of the Field can soon make of the greatest 〈◊〉 and wrong But in the very next Page 't is expounded clearly what has may and must be done in such Conjunctions that is to your Arms. He tells us after they had obtained the framing of their Charters and I think they were as much as the most condescending Monarchs could grant or the most mutinous malecontents require Then arose another grievance 〈◊〉 and 〈◊〉 for This was the Intermission of Parliaments which could not be called but by the Prince and he not doing it they ceast for some years to be Assembled if this had not been speedily remedied The provoking Rebel for certainly he is as much so that Animates a Rebellion as he that is actually engaged in it and is by Law so declared tells us the Barons must have put on their Armour again and the brisk Assertors of their Rights not have acquiesc'd in this Omission that ruined the Foundations of the Government After all the kind Concessions of the Prince the putting him upon that which was the taking away of the very remains of Royalty puts me in mind of one of our late Expressions of a popular Representative that could declare in open Assembly as attested by some of the very Members of it that tho this their Bill of Exclusion were past which was more we see than the most mildest Monarch could grant or even our House of Peers sure the better part of our Nation could in Modesty require yet still there was more work to be done and a Reformation to be made in the Church as well as the State The Patriot was prepared to lanch out in such kind of Extravagancies and told the truth of the Plot before his time had not calmer Heads interposed and cool'd his hot one into common Sense several of the Speeches spoken in Parliament for which its Publisher deserves to be Pillor'd if not Authentic and True and brought before them on his Knees at least for his Presumption if they are It being here as Criminal to Print Truths at all times without an Imprimatur as 't is to tell it without leave even inseveral of those Speeches Publisht in that Paper I reflected on in the beginning where the Pedantick Author has exposed me in the Tail of his History that lookt like the Narrative of a Rump There are as bold Expressions of as dangerous Designs for at the end of one of their Harangues the beginning of which is only marked with R.M. and its Author may be loth to let any more Letters of his Name to be known you have these following Lines If at the same time we endeavour to secure our selves against Popery we do not also do something to prevent Arbitrary Power it will be to little purpose I think nothing can prevent that better than frequent Parliaments and therefore I humbly move that a Bill for securing frequent Parliaments be taken into Consideration can any thing be more Expressive than that the Bill so much clamour'd for was only the burden of the Song and that the Ballad it self must have been all to the Tune of 41. when Arbitrary Power never ceased its Cry till the Parliament was made Frequent its Frequency never sufficient till standing and perpetual which proyed too as dangerous as a standing Army never restless till it had really raised one too and the Kings Head from his Shoulders and can these worst of Criminals make it a Crime to make the Nation fearful of Parliaments when there are such Speech-Makers in it I shall to such Accusers Faces defend them to be formidable not out of any Apprehension of fear for my self for whenever such a Seditious Senate their Commons become dangerous again to good Subjects the safety of the Government must be but in as bad Condition But it may well terrify even a Crown'd Head and frighten him from their Frequency when some of their most popular Members have been since found in an actual Conspiracy for pâ—lling the Crown 〈…〉 〈…〉 suffered publickly for Traytors Sir G. H. I do agree a Bill for Banishing Papists may do well But
I hope if you Banish the Men you 'll Banish some Women too consider how to prevent the Royal Family marrying Popish Women No man can doubt but the Protestant Interest has been much praejudiced by his Majesties marrying a Princess of that Religion Popish Instruments having 〈◊〉 themselves under her Protection The Country Gentleman wanted the Civilities of the Court being a declared Enemy to all Ladies but this shows plain their aims were beyond that of the Duke and that it was the Sense of some of the House the Queen was in the Plot as well as the Opinion and Asseveration of Oats his Oath against his exprest Testimony given before Sir E. H. Have we not ordered several good Bills to be brought in for the securing us against Arbitrary Power and shall we now lay aside all those and be content with the Exclusion Bill only which I think will be worth nothing unless you can get more and what some of those more are is explain ed in the next Oration to it W. G. I do admire no body does take notice of 〈◊〉 standing Army which if not 〈…〉 such a Number as may be but convenient for Guards and limited as they may not be encreased All your Laws signify nothing the words of that Hellish Association only differ thus when they swear more modestly only to endeavour entirely to disband all such Mercenary Forces as are kept up in and about the City of LONDON These are some of the very Words as our Author relates them as they were spoken in his House of Commons I do them only that Justice that this Historian has done to their Honours or they to themselves so if these accounts are Authentick tho I remember when dangerous to Question even the Authority of an unlicensed piece of Sedition then 〈◊〉 see that many of our late malecontents of the Commons as ' well as our Plato's Rebellious Barons were not like to be contented any more with our Kings granting them all the security themselves could ask for their Religion then these Imperious Lords were after all their Liberties were fortyfied with an extorted Charter and made as firm as Fate 〈◊〉 their foresight could provide But that nothing would satisfy unless both lopt off the best Limb of their Prerogative and allowed them to have Parliaments without Intermission or at least frequent enough for an Usurpation of all the Power that is Regal for as the Doctor of Sedition observes upon the Kings being allowed to Call and Dissolve them That our Liberties and Rights signify just nothing So might 〈◊〉 this politick Pis-pot have remarked That when once it comes to the Power of the People to summon themselves or sit so long a Season till their own Order shall determine the Session that truly their Venetian Doeg would be a Prince to the Monarch of Great Britain and we should soon have less left of a King in England than such implacable Republicans have of Loyalty for I am sure we must in reason have better Ground to dread those dangers and utter Subversion of the State from their too much sitting that has been experienced than they for that panick fear of Tyranny from their 〈◊〉 so often Dissolved which they never yet felt But to see the boldness of such Villains for encouraging an Insurrection The briskness of their Barons that rebelled for a Charter and frequent Parliaments was most providentially brought upon the Stage when they knew they had forfeited most of their own by their Faction and made their House of Commons from their obstinate proceedings not likely to be soon summoned when once Dissolved so that here was a plain downright Encouragement of a resolute Rebellion as Occasion should serve and letting the People know they must put on their Armour as well as the Barons and be as brisk upon Intermission of Parliaments How far this good Exhortation encouraged an Assassination of our Sovereign and the succeeding Plot may be gathered from their attempts to put it in Execution and for which both Author and Publisher Merit full as well the Fate of those that dyed for the practising those Principles that they the more primitive Traytors had instill'd In short to insist no longer on this black Topick of plain Treason With what Faith and 〈◊〉 with what Face and Countenance can he call that perfect Conspiracy of a parcel of Faithless Peers a Defence of the Government that for almost forty Years laid the Land all in Blood and with their Witchcraft their sorceries of Rebellion that briskness as he calls it of putting on their Armour made it imitate an AEgypts Plague and Anticipate the very Judgments of the Almighty by purpling her Rivers with the Slain can the Defence of a Kingdom consist with its Destruction or those be said to stand up for their Country that invited an Invader and swore Allegiance to Lewis a Frenchman against him that was their Liege Lord I am sure this was making over their Faith to a Foreigner and many may think it as much to bee condemned as that of their King his Crown to a Saracen especially when that by some Historians is doubted but their falsehood's confirmed by all Then was our England like to have been truly France which they now but so vainly Fear In the next place he is pleased to grant the Militia to be in his Majesty's Power But 't is only until such a sort of Rebels have strength enough to take it out for he tells us the Militia being given but for an Execution of the Law if it be mis-imployed by him to subvert it 't is a Violation of the Trust and making that power unlawful in the Execution And that which shall violate this Trust has he reduced to three of the most Villanous Instances that the most Excrable Rebel could invent or the most bloody Miscreant concelve the Murder of three Kings by their Barbarous and Rebellious Subjects And in all three their strength and Militia were first taken away and then their Lives first he tels us Edward the second forfeited his Executive Power of the Militia In misapplying his revenue to Courtiers and Sycophants Richard the Second for 〈◊〉 Worthless People to the greatest places And Charles the First in the Case of Ship Money can now the most virulent Democraticks hug such a piece without Horrour at its Inhumanity or the vilest of the Faction preserve it from the Flames can those popular Parliamentarians and the most mutinous of all our murmering Members of whom my self have known some that could Countenance this very Book can they here defend iusinuated Treason when Stanley dyed for a more Innocent Innuendo but if Faction has forc't from their Souls the poor remains of Reason will Humane Nature permit such precedents to prevail that terminated in the miserable Murder of as many Monarchs 'T is remarkable and 't is what I remember these very Papers were Publish'd near about one of their late Sessions
wherein they were nibbling again at the Milittia and could so merciless a Miscreant be put in the pocket of a Member of Parliament much less then into his Heart and drop from his unadvised Lips can those that come to give their consent for the making Laws be thus Ignorant of those that are already made has not the Military power for above this 500 years been absolutely in the Crown and almost by their Parliament it self declared so in every Reign was it ever taken out but when they took away the Life of their King too was ever his Head protected from Violence when this the Guard of his Crown was gone or can any Hand long sway the Scepter when it wants the Protection of the Sword 1st Edward 3d. Chap 3. The King willeth that no man be charged to Arm himself otherwise than he was wont in the time of his Progenitors Kings of England In H. 7. declared by Stat. All Subjects of the Realm bound to assist the King in his Wars Queen Mary and all her Progenitors acknowledged to have the Power to appoint Commissioners to Muster her Subjects and array as many as they shall think fit The Subjects holding by Serjeantry heretofore all along to serve their Sovereigns in War in the Realm and a particular Act obliging them to go within or without with their King He and only He has the ordering of all the Forts and Holds Ports and Havens of the Kingdom confirmed to this very King and Cook tells us no Subject can build any Fortress Defensible Cook Litt. p. 5. And since some of our late Members of the lower House were so tickled with this Authors soothing them with the Kings Executive Power of War forfeitable I 'll tell them of an Act expressly made in some Sense against their Assuming it and for another Reason too because some mutinous Heads would argue to my Knowledge for their Members comming armed to the Parliament at Oxford and which was actually done too by Colledge and his Crew It was made in Edward the First 's time and expressly declares that in all Parliaments Treatises and other Assemblies every Man should come without Force and Armour and of this the King acquainted the Justices of the Bench and moreover that the Parliament at Westminster had declared that to us belonged straightly to desend Force of Armour and all other Force against our Peace at all times when it shall please us and the Judges were ordered to get it read in the Court and enroll'd And now can it with common Reason or Sense be suggested that the letting Favourites have some of the Treasures of the Kingdom or Courtiers as he calls it the Revenue or the preferring of such Persons as they shall think Worthless and Wicked which with such Villains as himself are commonly the most deserving that this shall be a sufficient violating as he terms it of a Kings Trust to the forfeiture of his Power of putting the Laws in Execution with which the common consent of almost all the Laws and all Ages have invested their King as an absolute 〈◊〉 singular Right of the Crown Certainly such an Opinion is as extravagant as Treasonable and could enter into the Head of nothing but a Madman the Heart of none but a Traytor Next we meet with another Assertion as false as Hell and then its clear contrary nothing but the God of Heaven is more True He tells us after having hardly allowed His Majesty a Negative Voice at least as such an Insignificant one as not to be made use of That 't is certain nothing but 〈◊〉 of Parliamentary requests produced the Baron's Wars and our last dismal Combustions when I 'll demonstrate to him as plain as a Proposition in Euclid that nothing but their too gracious and unhappy Concessions to their perfidious and ungrateful Subjects made those mighty Monarchs miscarry read but any of our Histories tho pen'd by the most prejudiced and those that ware at best but moderately Popular of our first Civil Wars The Barons Daniel that speaks most commonly as much as the Peoples Case will bear tells us his thoughts of those unhappy Dissentions that neither side got but Misery and Vexation We see that notwithstanding as often as their Charter and Liberties were confirm'd notwithstanding all the Concessions of those two yielding Monarchs still more was demanded The Charter in Henry the Third's was no sooner several times confirmed in one year but in the next presently they fell upon his Justiciary Hugo de Burg. and he must be removed or they threaten to do it with the Sword Then the poor Prince complies and sends him to the Tower Next the Bishop of Winchester is as great a grievance as the Chies Justice was before for bringing in the Pictavians and unless all those are put from him they tell him plainly they 'll depose him from his Kingdom and create a new The Bishop is sent away and those Pictavians expelled but still were there more grievances and assoon as one was removed be sure another would be found out and the true perfect Occasion of those Intestine Broils was rather the Concession 〈◊〉 King Henry in his Youth they having been used with so much Complyance in his Minority that being emboldened afterward with Age he grew too much a Soveraign to be overaw'd or overreach't by his Subjects and they having been accustom'd not to be oppos'd in their encroachments on the Crown which they had been long Habituated to he being Crown'd an Infant and they having the fresh Precedent before them with what arrogance they us'd his Father John upon any the least denyal betook themselves to the Sword for this you 'l find if Occurrences of those Times be but Impartially examin'd and for his Second Instance of our late Kings time his abominable Falsehood so far from Truth that not only Narrative and Record but the very Memory of man can give him the Lye did he not grant them these very Villains insolent demand Parliaments at last without Intermission was there not a Triennial one first Insolently demanded and as Graciously consented to was not that as ungratefully thought insufficient and nothing could satisfy till unhappily settl'd during the pleasure of the two Houses an Act of Concession which the 〈◊〉 〈◊〉 Prince could himself call as 〈◊〉 it was unparallel'd by any of his Predecessors nothing but their Ingratitude could equal so much goodness and only for bettering of theirs the Wretches 〈◊〉 his own affairs should be the worse what punishment would the Law have found for such Monsters of Ingratitude that punisht once all Common Offenders in it with Death were not his Gracious Answers at last to the Propositions so full of Concession that some of the Cannibals that thirsted for his Blood could Vote it a Ground for the House to proceed upon for Peace Lastly had he not granted to his Inveterate Foes whose Necks were forfeited to the
little more kindly than they did the Father and not seize his Militia with an Ordinance because they cannot Fight him with his consent nor Rebel first against their King with an open War and then send him Propositions for Peace and the making him a Slave And since some of our Seditious Souls have not only a great Veneration left for these Parliamentary Projects and as great esteem for this Statesman for the reviving them in his Politicks since some that would be thought Persons sober and moderate can think the Kings Complyance in some of these Grants and Concessions somewhat necessary and a Trifle of the Crowns prerogative to be pared from the State as requisite as a Surplice or Ceremony to be parted with in the Church since the Propositions of that Rebel Parliament and the Politicks of this rank Republican make up so perfect a Parallel It will supersede some separate labour and pains to be able to animadvert upon them together and at once His Answerer will be somewhat obliged to his Authors being but a Thief and will shew that whatever some think that such pieces of Power might be par'd from the Crown like some sappy Excrescencies from the Trunks of Trees for the better Nourishment of the Stock that all and every one of them strike directly at the very Root That the Government cannot well subsist without them all and that all of them are inseperably settled in the Crown by all the Fundamental Laws of all the Land The first that feels the reforming stroke of their Fury we find to be the Kings Privy Council and what is that why their own Oracle of the Law will assure them the most Noble most Honorable and reverend Assembly consulting for the publick good and that the number of them is altogether at the King's Will And shall those be numbered now and regulated at the Will of a Parliament whom their own Acts Statutes Rolls declare acknowledge and confess to depend upon the Nomination Power and Pleasure of the Prince would they repeal those Laws of their Ancestors enacted even according to the greatest Reason only for an Introducing their own Innovations against all Reason and Law Can it be consonant to common Sense that those whom their King is to Consult and Sit with at his Pleasure and that according to the very express Words of Authentick Rolls and Records that those should depend for their being and Existence 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 〈◊〉 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 Chusing their own advisers or would Calvin himselfhave recommended 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 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 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 supersluous one of the very Articles of such a Counsellors 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 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 voured 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 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 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 too And that the Laws great Oracle tells us too who is so far from letting them have no part in the Government that he tellsus they have a very great part even in the very King That they are
Dictates of this Daemon this Devil of a Republick that has possest the Nation for this five years with greater Phrensy then e're he did before the Restoration when by the very Finger of God he was first ca lt out and would now return too with more worse than himself only because he finds it swept and garnisht For I defie the most diligent Perusers of the most pernicious Libels that were Printed in the most Pestilent time when Treason was Epidemick and spread as the Plague it self more than once did and that in their Mighty Babylon their Metropolis too I challenge even those to shew me so much Penn'd even then to persuade the setting up a Republick as has so lately been Published in this very piece His Majesty upon the presenting these their Proposals I have parralleld told them they designed him for a Duke of Venice and that they only dared to do when they had bid him defyance to his Face and made him fly for refuge to his Friends when they had a fund for Rebellion in the City A General and an Army in the Field but here we have a single Republican declaring expressly for the good Government of the Venetian Arraigning of our Monarchy condemning of our Courts reforming of our Councils only to set up their Republick for the framing their Decemviral the constituting their Quarantia the making every Member of Parliament but a Noble Man of Venice and his Mighty Prince that presides in it by Law as a Principal Head but 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 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 on 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 thebest of Civil Governments our Monarchy and establisht their own Anarchy a Common Wealth 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 Punishment 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 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 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 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 Government 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 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 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
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 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 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 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 Parliament for the preservation of His Person that was the very Merderer and Destroyer of His Subjects And shall our 〈◊〉 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 Henries had their Power as much confirmed Henry the 7th had his Negative Voice the thing those Seditious discontented Grumblers so much repine at maintained asserted for his undoubted Prerogative It is at present by the Law of his Time no 〈◊〉 if the King assent not A Prince beloved and favoured only because he was their King who tho he had as many subsidies granted more than any before him His Subjects you see never thought it a Grievance then to contribute to their 〈◊〉 being Great but acknowledged his Supremacy even under their greatest pressure His 〈◊〉 upon penal Statutes Historians call and the Law the most 〈◊〉 way for raising of Money that was ever used yet still had he the Hearts of his People as well as their Purses They thought Rebellion then could not be justifyed with clamor of Oppression as since by Ship-money and Lone tho levyed by a King whom themselves had Opprest The simplicity of those times made them suffer like good Subjects and better Christians when the refined Politicks of such Authors and a 〈◊〉 age can tell them now to be Wise is to Rebel I need not tell him who managed Affairs in Henry the Eighth's Time when Parliaments seemed to be frightned into Compliance with a Prown and Bills preferr'd more for the pleasure of the Prince than the profit of the People Their Memberships then so far from medling with the measures of the State that they seemed to take them for their sole Measures so far was then an Order of the House from controuling that of the Board And I can't see that the Peoples Petition of Right has since 〈◊〉 away too the King's Prerogative yet it was affirmed for Law in this King's Time that he had full power in all Causes to do Justice to all Men. If the Parliament or their Council shall manage Affairs let them tell me what will become of this Power and Law His Son Edward succeeded him and tho a Minor a Prince whose Youth might have given the People an opportunity for an Encroachment upon his Power and the Subject commonly will take advantage of the Supremacy and that sometimes too much when the Soveraign knows but little what it is to be a King I am sure they were so Seditiously Wise in that Infancy of Henry the Third and yet he had Protectors too as well as this But notwithstanding such an Opportunity for the robbing the Rights of the Crown you shall see then they took the first occasion for the asserting them In the very First year of his Reign it was resolved that all Authoritie and Jurisdiction Spiritual and Temporal is derived from the King but this Republican has found out another Resolution of resolving it into the power of the Parliament And in this very Reign too it was provided as the common Policy and Duty of all Loving Subjects to restrain the Publishing all manner of Shameful Slanders against their King c. upon whom dependeth the whole Unity and Universal weal of the Realm what Sentence then would the Parliaments of those times have past upon Appeals to the City vox patriae's and a Plato Redivivus upon a Libel that would prove the Kings Executive power of War forfeitable and that the Prerogative which is in the Crown hinders the Execution of the Laws tho I am sure those very Laws are the best Asserters of the Prerogative there next resolve would have been to have ordered such an Author to the 〈◊〉 by the Hands of the Hangman instead of that Honorable Vote the thanks of the House In Queen Mary's Time too the Law left all to her Majesty tells her all Jurisdiction does and of Right ought to belong to her In Queen Elizabeth's Time what was Law before they were obliged even to Swear to be so Every Member of the House before qualified
to sit in it forc'd to acknowledg his Soveraign SVPREAM in all Causes over all Persons And were their Memberships to be modelled according to the Common-wealth of this Plato their Oath must be repealed or they perjur'd Their very Constitution would be Inconfistant with his Supremacy they must manage and Command at the same time they Swear to submit and obey Was there ever a more full acknowledgment of Power and Prerogative than was made to King James upon his first coming to the Crown And tho I confess they took upon them to manage Affairs in his Son and Successors time yet this was not until they had openly bid him defyance to his Face and actually declared War against His Person then they might well set up their Votes for Law when they had violated the Fundamental ones of the Land yet themselves even in that Licentious and tumultuous time could own that such Bills as His Majesty was bound even in Conscience and Justice to pass were no Laws without his Assent What then did they think of those Ordinances of Blood and Rebellion with which themselves past such Bills afterward so unconscionable so 〈◊〉 Here it was I confess these Commons of this pernicious Projector took upon them the management of the State their Councils their Committees set up for regulating the Kings Then their Pillor'd Advocate that lost his ears as this with his Treasonable Positions should his Head Publisht the very same Proposal in his pestering Prints the very Vomit of the Press to which the dangerous Dog did in the Literal Sense return to lick it up still discharing again the same choler he had brought up before in a Nauseous Crambe A Wretch that seemed to Write for the Haberdashers and Trunk-makers instead of the Company of Stationers that Elaborate Lining the Copious Library for Hat-cases and Close-stools that Will with a whisp whose fuming Brains were at last illuminated for the leading Men into Boggs and Ditches Rebellion and Sedition The Confusion of others only for the confounding of himself for a King for the Parliament for the Presbyters for every thing for nothing but that ONE thing Scribble Compare the power of his Parliaments and his Vnparliamentary Juncto the meer Lumps of distorted Law or Legal Contradiction with the 25th of Edward He first deposes his King and even there then finds his Deposition Treason Their Divine Baxter never baffled himself more with the Bible and the Gospel than this Elaborate Legislator with the Statute and the Law William Writ against Pryn too in one Page proves his King Supream in the other his Parliaments Supremacy the most Mutinous Member would needs be Loyal when it was to late and the most Malitious Miscreant at the Pen Publisht his Memento when his Money with his Membership was sequestred from his own Home as well as his self from the Parliaments House and then palliated it with a piece against his Majesties Murder I the more Liberally enlarge upon this because his party the Presbyter would appropriate to themselves from some 〈◊〉 Papers the Vindication of their King but what I am sure in sincerity was their own Revenge They the Scot and the Todpole Spawn of both that Independant made use of unanimously the Defence of their Prince for the Destruction of his Person and then the differing Daemagogues with the very same Pretences strove to put upon each other that is both alike full of the same falshood both alike fancyed their own Integrity they seemed to Labor for the two sublimated Vices Hypocrisie and self-conceit whereof the one made them twice Villains the other double Fools And this Confounder of Paper as well as the People Publisht then ‖ the very same Principles this starch't Republican has proposed now for new Politicks of State Pryn and Plato differ only in this one Labour'd to make Law speak Treason the other Sense Lastly were not the Parliament very tender of this last this present Princes Power and Prerogative when they enacted a new Oath to be taken by all in Office for the Renouncing the Trayterous Position of resisting his 〈◊〉 with his own Authority And this Rebellious Proposal of our Republican is to make even the Parliament it self to make use of his Authority even for an Usurpation upon his Prerogative and when once they come to Manage that they may be sure they 'll be his Masters too and I hope 't is now in some Measure proy'd even in the several particulars I undertook should be so that our Monarchs had heretofore an absolute Management of Affairs without an Interfering of Parliaments which then had not so much as Being and which were since they had it never called as their very Writs express it but to consult that they never offer'd to set a Council over their King much less themselves as this popular Pedant calls it to Manage his Militia and demonstrated this as was designed from Prescription even beyond Chronicle from the Laws of every Reign and my little Light of Reason All the following Propositions are as much against Reason and Law for the third is that the Judges be nominated by Parliament which as it would divest the King of part of his Supremacy so it would make themselves in effect both Judges and party for those then their own Creatures would have the Exposition of those Laws which themselves had made The Law allows all the Four Courts at Westminster to be all Courts by Prescription and then let them tell me to whom belongs the power of Electing those that are to preside in it to the Kings of England that can prescribe to their Government even from the very Britains before Caesar ever set Foot in it neer 1700 Years agon and with whom their Courts of Judicature were ever Coeval or the Constitution of a Parliament that first within this four hundred years could be said to have a Being and so that which themselves would now controul had a Priority even in time to their Existence for near 1300 Years It is called the Court of Kings Bench Let them name the Judges it must be no longer His but the Parliaments 'T is Rehellion in them to assume it for they must at the same time too take the Soveraignty the Supremacy and 't is that such Seditious Proposals must aim at and truly do for 't is expresly declared for Law that the Justices of the Kings Bench have Supream Authority the King himself sits there in them as the Law intends if the Parliament can chuse their Kings Representatives they can their King too and make the most Hereditary Kingdom Elective before the Reign even of Edward the First the Chief Justice of this Court was created by Letters Patent 't is out ever was and will be out of the Parliaments power to create per Patents even a petty Constable 't is the King alone that by these his Letters can constitute Courts
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 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 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 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 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 expressly that if all the Subjects of England should break 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 〈◊〉 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 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 them he could not as he says have this Military power without the Peoples consent but why may it not be with less Presumption supposed That a Parliament by special 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 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 Reign And in his Son and Successors that Usurpt upon his 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 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 Child They resolved it so when Subjected to the Government of a Woman The Commission of Array was revived again to King 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 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 Time that his Son and Successors tho necessitated for suppressing such Insurrections as themselves had raised 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 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 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 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 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 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 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 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 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 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 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 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 Animad version 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
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 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 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 Londoners 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 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 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 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 of the Duke of Mayne that had imposed on them a Council of State too the Tyrannous Assembly conven'd by Conspiraors was confusedly Dissolv'd in as much Distraction and Disorder And the recovered Nation return'd to their Lawful Lord. And did not our own late lamentable Distraction Commence in the Reign of King James and put all in Combustion in Charles the First did not they first practise upon his Necessities to which themselves had reduced him and then remonstrated against such Acts as were the very effect of his Necessity encumber'd with a War or rather betrayed into a breach they would not suffer the Father to make Peace and then denyed the Son the supplies of War A Parliament is summoned too here and that serves him just as the two preceding Ones did their Soveraign with Remonstrances of Oppressions For this the petition of Right was granted them as Gracious an Act as that of the great Charter but nothing could serve unless like that too 't was sealed in Blood and for that they began by Degrees to be so Tumultuous till this Prince was forc'd to fly his Capital City and that also as in the others prov'd the Head to the Rebellion that succeeded upon their Petition the War was first began And Hotham sent to surprize Hull as in the two former were Verdun and Dover and now was all in Arms and Blood which ended at last too in that of their King The Scots called in here as in the former the French and Spaniard the People enslaved by those that set up for their Protectors The Council of State set up here as well as in France and the ruin'd Realms never at rest till they had returned to that Soveraignty from which they revolted It is sad even to see the least thing now that looks like a prelude to such a sort of Tragedy The clamors of Sedition still the same Parliaments that are Assembled to redress them Remonstrating against Grievances they never yet felt Subjects Associating against their Prince for his Preservation the draught the Scheam and abstract of the Baron's Combination The French League the Scotch Covenant so far from an Abhorrence of either as to pitch upon a Compound of all three Designs discovered and detected for the seising of strong Holds the Tower instead of an Hull and the Scot invited once more to pass the Tweed for a better booty The Treason of such Practices is never the less because the Providence was so great as to prevent its Execution Had that not interposed the Parallel Lines I am sure would have led us on further but all their draught beyond it must have been Blood A Comparison between the Demands of our English Barons and the Desires of the French Leaguers from whence they have copyed as Counterparts The Propositions of our Parliament and the Proposals of Plato English Barons French Leaguers 1. That the King hath wronged the publick State by taking into his private 1. That the Disposals of Places of Office and Trust in the Kingdom Election the Justice Chancellor and Treasurer and require that they be chosen by the common Council of the Realm Parl. Tent. 22. H. 3. be in the Leaguers vid. Henry the 3d. of France's Answer to their Manifesto who told them 't was against the Prerogative of all his Predecessors 2. That it be ordained that 24 of the most grave and discreet Peers be chosen by the Parliament as Conservators of the Kingdom Baker pag. 8. Ann. D. 1238. Regn. H. 3.22 2. That the number of their Kings Council should be limited to 24. D'avila pag. 341. our Propositions were not to exceed 25. or under 15. 3. That those Conservators be sworn of his Majesties Council and all Strangers removed from it 3. The City of Paris set up a Council of 16. of themselves 〈◊〉 their Kings was to admit Persons whom they should chuse 4. That two Justices of the Kings-Bench two Barons of
the God that Governs this and all above and this so communicated remains still Divine whereever it is lodged the Question is reduced to this Whether it appertains to a Multitude as many or a Soveraign Sole whether with their St. Peter 't is seated in the Ordinance of Man or the Powers with St. Paul are ordained of God That this Divine Power and Right is in Kings he has superseded my Labor to prove by letting us know 't is the Opinion of most of our Orthodox Divines and their Sentiments are sufficient to determine the point especially in Matters to be proved from the Bible whose best Explanation one would think must be found amongst those whose Profession it is to expound unless you would imagine the Bishops the better Readers upon the Statute Hunt and his Casuists the most Conversant among the Critiques That this power Divine is placed in the People I 'll shew it is the Opinion both of viiolent Jesuits and the most virulent Phanaticks and their Seditious conspiring in the same sense the most powerful persuasive with me that their Sentiments are Erroneous their Position a Lye Bellarmine tells us God has made all Men by Nature equal and therefore the Power is given to the People Buchanan tells us That they have the Power and from them their Kings derive their Right Parsons proves Kings have been Lawfully chastised by their Subjects Knox says Princes for just Causes may lawfully be deposed or bridled by the Nobility Suarez shows the Power of Deposing a King to be in the Pope or the Common-wealth And Calvin seems for suppressing the rage of unruly Kings as well as the Ephori did those of Lacedaemon Mariana a Jesuit of Spain says The Common-wealth from whence the Kings have their power can call their King to an account Beza Calvin's Successor at Geneva tells us The States-men of the Kingdom must restrain the fury of their Tyrants or they are Traitors to their Country These few Instances may serve of four or five rank Romish Priests that have been transcrib'd almost to a word in the Writings of some of the false Reformers of our late Times and those that truly reformed our Religion so long agon who so far agreed with the Romanist from whom they dissented But whose Errors in such pernicious Principles in themselves might be imputed to the multiplicity of Matters then to be reformed which might make them want time for all Amendments and that Rome from which they did well for the more purity of Worship to withdraw was as an old Aphorism tells us never built in one day But to see now those that have had all the Advantages of time Instruction of the former Ages experience of this and of what Positions still were the promoters of Rebellion in both those whose fury against the Romish Faith sometimes has exceeded the Moderation of the Christian and whose Zealous Rage has made them preposterously judge the best reformed Church in the World our own Antichrist 't is matter of Astonishment to see such espousing her Doctrines wedded to her Principles whom in their canting Tropologies they still represent as a Whore Yet still love for her Lewdness The Restauration of the King was brought about he tells us without the Assistance of any of the Cavalier party and the recovered Nation obliged a wary General The Suggestion is somewhat Impudent so boldly to deny truth when the memory of man can give him the Lye prethee did the recovered Nation oblige the Wary General or the Wary General compel the Nation not yet recovered 't was well he had an Army at his Heels and that at his Devotion too or else his long Parliament would hardly have Dissolved so soon and then it would have been long before we should have had a free one The Parliament upon the returning of the secluded Members was made up of meerly Presbyterian and how likely they would have brought in the King had their Session continued to Sit may be guest from their expiring Votes and sure you may believe the Words of dying Men. ORDERED that the General give no Commission to any Officer who will not declare that the War undertaken by the Parliament against the Forces of the King was just and Lawful ORDERED that they further declare that they believe the Magistracy and Ministry to be the Ordinances of God ORDERED that they and their Sons who have assisted the King against this Parliament be made incapable to serve in the next And had not some of the Honest Cavaliers in spight of this Exclusion-Bill crept into the next Senate Had not that Honourable Person that eminent Instrument of the Restauration the present Earl of Bath whose bold and Loyal Undertakings may they last beyond our Annals and be as they merit eternal been ready to sollicite His Majesties Cause whose Goodness could not but incline so good a General 't is shrewdly to be suspected these his Presbyterians that cursed then His Majesty with their expiring breath in that blessed Vote that sanctified all their Rebellion against his Father that those that cryed Crucifie him to the last would hardly have brought him into the City with their Hosannah's But when the Net was spread for them 't is no wonder they did their Garments and when the Birds that had lived so long wild within their Wood were once Caged they might well be for cutting down their Branches in the way and their greatest glory is they cryed out then their O King Live for ever when 't was too late to Vote again the Sons of Charles Steward should dye without Mercy A Leaf or two this Gentleman spends upon the Reflections that have been made upon the Censures that have been past upon the Procedings of some of our late Parliaments and upon the Forgeries that have been contrived for the creating a belief of a Protestant Plot but I hope as much possest as he was the Devil of Sedition has left him now as he does Witches and Wizzards when he has got them in the hold and brought them to the Stake sure his Eyes are illuminated now by the discovering so many Deeds of Darkness and he was only blinded then with too much Light that of Phrensy or he that was co-eval almost with the Transactions of the last Rebellious Parliaments would have observed somewhat to make him suspect the Loyalty of some of the late Did not that begin with an Impeachment against the Duke of Bucks and these with the Banishment of a nearer Duke Was not the late King by that accused of Arbitrary Power and Popery and were not both these Accusations level'd at our present in several Votes Was there not an actual Plot of Papists discovered only from finding some Letters of a poor Priest in Clerkenwell and have we not had a notable one now as deep as Hell that none but Heaven can sound the bottom Was not the good old Queen
that must absolutely determine the Jurisdiction of the Prince 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 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 Republicans can cite even on their own Side but our own 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 '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'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 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 Antient Lawyers would not expound that absolutely for our 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 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 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
their Politick presumptions in a piece of Treason for Gospel and as infallible as a Creed and that because their Associated Excluders in a Scheam of Rebellion tell us Queen Mary proved the Wisest Laws insignificant to keep out Popery therefore it must be concluded it connot now be kept out This Gentleman knows that I believe chopt up so much Logick with his Commons at the University if Educated there where commonly better principles use to be Instill'd that it is a most false Inference from a Particular to conclude absolutely and Vniversal and when besides Henry the 8th's Reforming Edwards the 6th short Reign had hardly settled the Reformation there being more Romanists then in the Kingdom than such as had truly Reformed it was never truly begun or throughly perfected till Queen Elizabeth's Reign which might be easily observed from the Parliaments so soon declaring for Popery in Queen Mary's first entrance upon the Throne yet however he might observe tho the Suffolk Men set her up as undoubted Heir to the Crown which as the Bishop of Hereford in the History of her Reign says was then so prevalent with our Englishmen that no pretence of Religion was a sufficient Suggestion for opposing such a Right Yet they soon deserted her when they saw her bent for introducing a new one and such a defection might have endangered her establishment had not the generality of the Nation been then of her perswasion But what Maxims of State should now move another Prince of that Religion to endeavour it's establishment when All the Kingdom 's so bent against it when the Protestant has been rooted here for above this hundred year we have a King whom God preserve that has promis'd and may live yet many to defend it They must imaginesuch a Successor seduced against his Interest his Councils besotted to set him upon such Measures now as must certainly disturb the Quiet of his Government tho the Faction cannot Overturn it so that this great point will come to this Whether having more contingencies than one of having such a Religion introduced as first the great Casualty there was of his not coming to the Crown which might have been prevented by a Natural death without their Expedients at the Rye their unhuman and unnatural Barbarities and then imagining such an Actual Succession that Improbability of making such a sudden Alteration in Religion only for his own Disquiet and without any Probability of Establishment in his Reign which according to the Course of Nature must betoo short tho I shall still pray for any of the Lines longest Life and the little continuance it can expect should it be introduced when all that are to succeed him are profest Protestants These being such Casualties as upon good Conjecture and Probability may interpose the question is Whether in prudence or Policy we ought to have Involv'd our State in certain danger only to prevent a contingent one I could never get any one yet to prove that to be matter of Expediency for the good of the Publick That such an Exclusion would have been certainly dangerous our Annals too sadly Testifie and any one need but to turn back to my Remarks upon our History and he 'll find it Chronicled in Blood And that any danger of our Religion is but merely Contingent must be allow'd by all that think it not Predestinated to be changed And what now have these good Subjects done to be thus reviled by the bad Why they have declared in their Addresses to Assert that Right which in their Oaths they have Sworn to defend And a Pious Divine that has dispensed with them Libels them for not being Perjur'd for company His distinction of the Religion being Establisht by Law is far from creating any difference for the question is here what is the Doctine of the Gospel and it can't be imagin'd any sort of Christians upon the Privilege of any Political Establishment are enabled to dispense with the precepts oftheir Religion and confute their Bibles with the Statute Book Saint Paul's sufferings are so far from discountenancing such a Doctrine that they are alone the best the clearest Confirmation of it he was beaten suffer'd Imprisonment and all for the sake of his Saviour he told them after his durance to whom they had done it and the greatest Sticklers for Passive Obedience will allow Mr. I. to plead his Magna Charta if he won't with the Barons beat it into the Head of his Soveraign with Club Law or knock out the Brains of an Imprisoned King for it with a Battle-axe his Breath can plead his defence without Resisting unto Blood Paul could have pleaded his privilege of being a Roman and uncondemned sure as available before his Sufferings had he not thought it is duty to suffer and he may read in the same Book of those that went away Rejoycing that they were counted Worthy of it for his Name A man may be born to a great deal of Right when 't is none of his Birth-right to Rebel and that against the very Monarchy it self His case of the Pursivant is as much to the Purpose as if he had pitch't upon the First in the Report there was an Arrest of a Body by such an Officer to bring him to appear before them that constituted them an High Commission Court And as often it happens in Execution of the Law many times there is Opposition made sometimes Maiming is the Result many times Murder here it hap'ned that the Officer's Assistant was kill'd and the Law that makes it but Manslaughter in a Common Fray in an Execution of an Office makes it Murder and that must depend upon the Authority of that Court from whence such Officer receives his Writ Warrant or Commission 't is adjudg'd in the Case that they might have cited to Appearance and upon Contumacy to have proceeded to Excommunication and then have arrested upon their Writ of Capias but that they could not Arrest him outright upon a Surmise That a Man may resist an Authority that is not Lawful any man will allow for it is the same as if he resisted none at all however if Murder be the Consequence of such a Resistance all his Expositors upon the sixth Commandment will hardly help him to distinguish it into Man-slaughter And tho my Lord Hales whose Memory will still be pious for his equal destributions of Justice was a great Latitudinarian in allowing too much scope for premeditated Malice yet the Decalogue will make that Murder for which the Law will allow him the Benefit of his Clergy and did in Harry the Eight's time without distinction to all sort of shedding of Blood and then the Book that he talks of was dedicated to Cromwel would have been Authoriz'd by the Law which in some sort it self then made all Killing no Murder neither in an equitable sense was this Homicide excused from being a Murderer because he resisted unto
Paradox of the Peoples right of being their own Judges and deciding the Controversie between themselves and their King but tho they are told ten thousand times that this would make the very party to be the Judge and produce the most preposterous and unequitable destribution of Justice such as a Barbarous Nation would blush at tho both our Common Law and Common Equity tho both the Canon and Civil provide even against all Prejudic'd Evidence and must then a Fortiori against a Judge that is so and tho this Equitable process is provided even in Favour of this People yet cannot these perverse implacable Republicans think the same Common Justice necessary in the Case of their very King And then I hope they will allow 〈◊〉 Soveraigns Cause to be 〈◊〉 by Witnesses as well as their own and then who shall give in Evidence the matter of Fact in which he has 〈◊〉 his trust why they must tell us again the People so that the People 〈◊〉 is Party Judge Evidence and all and no wonder then if among the People too we find a pack of Perjur'd Oates's that can impeach their Prince But it is not really the Reason of the thing they so much rely on for that I shall refute anon beyond Answer and Reply unless it be from such as are resolv'd to Rebel against Sense as well as their Soveraign but that which truly determines these dangerous Democraticks is the tradition of their positions which as I observ'd are deliver'd down to their posterity and rever'd for Revelation The Principles of a Republick like the root of Rebellion it self run in a Blood or are receiv'd like the Plague from the Company they keep by way of Contagion They are loth to dissent from their Friends and Relations or Condemn the resolution of their pious Predecessors But sometimes the Seditious Souls are Seduc'd and Prejudic'd with the Approbation of an Author whom they shall as much perhaps pervert as they little Comprehend sometimes impos'd upon with a pretended Antiquity of their opinion and policy with which too they would delude others so for the first we saw not long since a Plato Redivivus dealt with the Devil he would have raised in the Ghost of his Philosopher and endeavored to obtrude upon the World the lewdest Sedition for the Dogma Platonis so did also the Leviathan of the Usurper that took his pastime in his unfathomable Oceana i. e. a political piece of Paradox deep and un-intelligible besides the quaintness of its pretty Style that renders it a Composition of Pedantry and Romance That Illuminato was perswaded among the wonders in his deep that he had discovered what had been so long buryed in the Floods the old Model of the very Primitive Common-wealth as if his Idaea of Government had determin'd the Deity or at least had been concurrent with the Design of the Creator when he fram'd a World to be govern'd for the bold Gentlemen being very Opiniative and I think one might say a little impious too Appeals to God whither the Sentiments of this Oliver's Architeck do not suit exactly with the very Protoplasts the Almighty's Mind and whither his Model which all must acknowledge the result of a most unnatural Rebellion was uot the very Common-wealth of Nature And this his Prototype of the Primitive Republick the Pragmatical Dogmatist is pleas'd to call the Doctrine of the Antients or Antient Prudence but if such as he says were the Government before the Flood I shall only conclude it so because its Lewdness and Sedition might occasion the deluge and might have been preserv'd for them in the Ark too since there was Beast in it of every kind and their admir'd Aristotle will allow his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be Communicable to an Ant an Ape or an Ass as well as a Man This opinion of the Peoples deciding between themselves and their King you shall see is not only Mr. Sidney's but the Doctrine of all the Democraticks all the rank Republicans that ever writ Brutus in his Vindiciae makes the Magistrates whom the People shall Authorize by whom he understands their Representatives their Dyets or Parliament or else such as was the Ephori of the Lacedaemonians the Seventy Elders among the Israelites the Praefecti with the Centurians among the Romans these makes not onlythe Judges but the Avengers of the Perfidiousness as they call it of their Princes upon their presumption that they have Violated the Laws About a year before the Publishing of that Pernicious piece some say a Romish Priest a Catholick others a Reform'd one A Calvinist maintain'd the same Doctrine in a Treatise concerning the Soveraigns right over the Subject and the Subjects Duty towards his Soveraign for there he tells us tho it be a Common Objection that the King has no other Judge but God himself and the Example of David as commonly objected whose Murder and Adultery no less Laws could punish than the Almighty's he Answers to it very positively that the States of the Kingdom always retain'd a power of Judging and Bridling their King which if they do not do they are Traytors to God and their Country he would resolve the Case of King David whom the People could not Judge for his more than Ordinary Crimes to result from his sins and offences but being Personal ones and as he must mean I suppose not perpetrated against the Welfare of the Common-wealth it self tho I cannot see why the breach of any Law establisht in a Community may not be Constru'd to be a Transgression also against the Publick tho the Injury sustein'd more immediately relates to some private Person 'T is for that Reason all our Indictments run in the Kings Name and the Criminal Process in all other Nations at the suit of the Power that is Supream so that properly there is no Personal Crimes especially of this Nature but what can be consider'd too as they Commonly are against the National Interest and the very well being of the Civil Society So that if they 'l Punish or sit as Judges upon the Soveraign for designs against the Publick State it self they can as soon for any injury done to an private Member of the same But that we see the Israelites didnot pretend to do even in their David's Case and so his solution of the Nature of the Crime signify's just nothing Mr. Harrington whom his advocate and his Plagiary too in his Plato Redivivus is pleas'd to recommend for his Learning least the Notion of the Balance that he borrow'd from him should be taken for a Fool 's as well himself 〈◊〉 for it there and play'd the Knave why truly that Learned Gentleman Chimeson in the same Din of the Peoples Judicial power and these drudges of Sedition like the Common Pack-horses pursue all the same Track and the leading Bell for he tells us too the People or Praerogative all one with them are also the Supream
strictest municipal Laws of a mixt Monarchy and as the People themselves to the very Penal Statutes of the Land and therefore for that Reason the very same Civil Sanctions of their Imperial Law that allow such a Latitude to their boundless Prince abound too with this Restriction that still it becomes him to observe those very Laws to which he is not oblig'd And for the spilling of Blood or Robbing of Churches and the like unnatural enormities which they say by the Soveraigns being thus absolv'd might become Lawful did not the very Directive part of some of their Municipal Laws forbid them in it the precepts of God and Nature the Unresistable Impulse of Eternal Equity and Reason to which the Mightiest Monarch must ever submit and themselves did ever own a Subjection those will always tye the hands of the most Absolute from Committing such Crimes as well as the Common Lictors do the meanests people for being by them perpetrated and Committed and 't is a great Moral Truth grounded upon as much Reason and Experience That those dissolute Princes that did Indulge themselves in the Violating the Divine Laws of God and Nature could never have been constrain'd to the Observance of our Human Inventions the Municipal Acts of any Kingdom or Country And therefore I cannot but smile to see the Ridiculous Insinuations of some of our Republicans endeavouring to maintain that by such silly suggestions which they can't defend with Sense and Reason for rather than want an Objection they 'll put us too suppose some Kings endeavouring to destroy their Subjects and alienating of their Kingdoms and then put their Question Whether the People shall not Judge and Punish them for it but in this they deal in their Argumentation against their King as some Seditious Senates of late indeavoured to Impose upon him to pass Bills by tacking two together A popular encroachment with an Asserting the Prerogative Just such another business was bandied about by that baffler of himself that pretious piece of Contradiction Will. Prin. Who tells us out of Bracton That GOD the Law and the Kings Courts are above the King where if you take all the Connexion Copulatively 't is not to be contradicted because no King but will allow his God to be above him under whom he Rules yet even there it may be observ'd that the Lower House he so much Labour'd for is not so much as mention'd So do these Sophisters in the Politick's here proceed just like those Jugglers in the House they couple a supposititious piece of Premis'd Nonsense and then draw with it a pretty plausible Conclusion for what man can Imagin if he be but in his Wits that his Monarch unless he be quite out of them and Mad would destroy those over whom he is to Reign none but the Bosan in the Tempest with his Bottle of Brandy was so besotted as to think of Ruling alone and setting up for a Soveraign without so much as a single Subject so that should these peevish Ideots have their silly Supposition granted still they would be prevented from obtaining their end at which they aim for first if we must suppose all the Subjects to be destroy'd where would there be any left to judge this Author of their Destruction if they 'll suffer us only to suppose the Major part or some few certain Persons to besacrific'd to his Fury then still that Soveraign that would destroy the most part or some certain number of his Subjects without Sense or Reason must at the same time be suppos'd to be out of his Senses and then no Law of any Land will allow the People to punish a Lunatick But if a King must be call'd a Destroyer of his People only for letting the Laws pass upon such Seditious Subjects that would destroy him which is all the Ground they can have here for branding with it their present Princes and for which these exasperated rebels really suggest it then in Gods name let the Latin Aphorism take place too Then let such Justice for ever be done upon Earth and trust the Judgments of Heaven for their falling Then let them deprecate as a late Lady did the Vengance of the Almighty upon the Head of the Chief Minister of the Kings but let there be more such Hearts to administer as much Justice and the hands will hardly receive much harm for holding of the Scales And for that others silly supposition of these Seditious Simpletons of a Kings Alienating of his Kingdom 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 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 nothing to resign for the Republicans of those times were the good Barons that Rebel'd and had seated themselves in a sort of 〈◊〉 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 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
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 〈◊〉 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 by the Kings Majesty Lords and 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 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 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 part of that general Plot and Conspiracy that has been since discovered and that all sorts of Pens were imployed as well as all Heads Hearts and Hands at work for the carrying on Mr. Sidney's OLD CAVSE as indeed all this Gentlemans Works tended to for which the Almighty was supposed so often to have declared and signaliz'd himself and illustrates only this That there was not any Person qualified for undermining of our Monarchy either from his Wit or Parts Boldness or Courage from his Virulency in Satyr or his Knowledge in History from his skill in any Science or Profession but what some or other of the most eminent was made Serviceable to this Faction and contributed his Talent to the carrying on the Design according to the gift and graces that they had in their several Abilities to promote it neither can this Gentleman think himself libell'd in this Accusation unless he would give his own works the Lye for who but him that had such a Design for the subverting our Monarchy would at a season when the Succession of our Crown was struck at in the Commons Vote a Succession that several Laws of our Land have declared to be Hereditary even by that of God who but one so Seditious would not only have encouraged such unwarrantable Proceedings which was the late Kings own Words for 't in such an Assertion of the Commons Right but in that too brought upon the Stage several Arguments from our History several Presidents of our Soveraign's being here Elected by their Subjects when they might as well too tell us That our present Soveraign was so chosen because the Question was put to the People upon his Coronation but yet this elective Kingdom of ours did this Laborious drudg of Sedition drive at too Does he not tell us William Rufus and several others were Elected that is Henry the First King Stephen King John tho I am satisfied that consent of the Clergy and People they so much rely upon was nothing more than the Convention of those Persons that appeared upon the solemn Coronation or at least the Proclaiming of the King Themselves are satisfied all our old Statutes clearly confirm'd the sole Legislative Power of the Prince and therefore they won't when they are objected to them allow them to be Statutes at all because made I suppose only by their King but so my Lord Coke
three several sort of Representatives I need not tell them how the People reassum'd it from his Son and left it just no where how the People retriev'd it again and lost it they could not tell how how they recovered it from the Committee to whom it was lost and then forc'd to leave it at last to him from whom 't was first taken their King But this I hope is sufficient to satisfie any Soul that this Supream Power when plac'd in the People will be always resolv'd into that part of it that has the Supream Strength That this Maxim of Republicans Rebels against the very Parliaments they so much admire That it always ruins the very Collective Body of People in which these Democraticks themselves would place it and resolves it self into some single Persons that by force or fraud can maintain it and this made Mr. Sidney tell us he call'd Oliver a Tyrant and acted against him too well might he look upon him as a Usurper that Usurpt upon their design'd Common-Wealth as well as the Crown I am much of his Mind but it was far from the result of any Kindness to his King He saw his Common-wealth could never be founded upon so false a bottom no not tho she had been his Darling and Dutch built his beloved Low-Countries laboring under a Magistracy that Lords it with as much Power as that from which they were delivered For this his Original Power of the People must be as much delegated to those that govern there as well as it is inherent in any sole Soveraign that is the Governor neither are any besides the best of their Burghers admitted to Administration so that even that State that comes nearest to a Common-wealth is at last but a sort of Aristocracy which their Harrington condems for worse than Monarchy it self And I believe their Commons find the Impositions of their Burgo Masters as great and as grievous as ever were the Gabels of Spain So from what has been premis'd this must be concluded that since we see they can't punish or Judge even their own Representatives only their Suffragans in an house of Commons when they have delegated to them their Original power which for once we 'l suppose them able to delegate much less shall they their Soveraign tho they did as they will have it confer upon him the power that he has for the Members of the lower House represent only the Commons of the Kingdom whereas the Soveraign is in some Sense the whole Kingdoms Representative Since we have seen this Original Power of the People wheresoever it has been delegated to have created nothing but Usurpation and wrong where can this Power be better plac'd but in the King that can alone pretend to a Right and tho we are so unhappy as to have presidents wherein they can prove to us that their Representatives were once call'd to an Account by the People that sent them that is so far from proving that they have a natural or Original right so to do that it shows the danger of such a position that they may do it and that when in the late Rebellion they presum'd upon this their Right in Equity they made it appear to be nothing else but the power of the Sword for in respect of a Right they are really so far from being able to censure their Representatives whom they send that themselves are punishable for medling in those Parliamentary concerns with which they have enrusted others What force this has in the Case of their Commons holds a Fortiori in that of their King In the last place give me leave to close this their Rebellious Argument of their Monarch being accountable to the Majesty of the people with some few more Reasons against this Damnable Doctrine that has within the Memory of man desolated and destroy'd three Kingdoms A Doctrine that confounded us in the last confus'd us in this and will be Condemn'd by all Ages A Doctrine that places the Divine right in the People and then indeed such an one as Mr. Hunt makes it Impious Sacrilegious Treasonable Destructive of Peace Pregnant with Wars and what absolutely produc'd the Civil one of England and Sacrific'd its Soveraign Head to the Fury of an Headless Multitude This Principle is the very Basis upon which all their Babel of Confusion of a Common-wealth of Anarchy is all Built and Establisht And I shall never look upon it as loss to have Labour'd in it so long if we can at last but undermine its very Foundation And that is laid even by the Libel of Mr. Sid. upon the Contract and Condition upon which they 'll suppose he receiv'd the Crown which he must be made to renounce if he does not Perform when Accepted And in answer to this we 'll suppose for once what the most Seditious Souls themselves can suggest and that this part of the Rebellious position abounds both with Sense Truth and Reason that our Kings have but a Conditional bargain of it which indeed would be but a bad one too and such I dare Swear as the Greatness of our present Soveraigns Soul would hardly submit to and if we 'll but believe his own word as firm as fate that never fail'd his Friends and surely will not then be first violated for a debasing of himself and a gratifying of his Foes that has told us or decreed that he will not suffer his Government and his Crown to be Precarious And I am apt to think that he that stemn'd the Tide the fierce influx of Blood and Rebellion as well as without a Metaphor withstood the noise of many Waters and baffl'd the Billows of the main will hardly when Seated at last in a Peaceful Throne be regardless of it's Right and Prerogative which even his meritorious sufferings have deserv'd should we bate his Virtue and Birth were not in the Ballance And 't is much unlikely that he that kept his Grandeur when a Duke of York should dwindle into that of Venice and that too when a King of Great Britain 'T is their Doeg I confess that accepts upon Condition 't is their Duke with whom they do Contract our Crown as I have shown has been resolv'd an Imperialone from the Letter of its own Laws and the very Statutes of the Land Theirs from the very Constitution it self Subject to the Senate Ours from its Foundation RESOLVD not to be Precarious as well as now too from the Resolution of its Prince But in answer to this position of our Republicans I shall depone this as a principle that notwithstanding such a Contract upon Conferring the Supremacy the same cannot be Dissolv'd even by the Consent of all those that Constituted it I wont repeat to them the Reason I have already urg'd from the Royal Law of the Romans which one of their very Republicans says was not without Condition or Limitation which if so then we see that both Augustus for
it be but of a Gift to the publick use much more then 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 Subject but also between the several Subjects to one another for 't is a consent upon Condition among themselves that this Man transfers his Power to some single Soveraign because the rest have does or design to do it so that the Person upon whom the Supremacy is confer'd is secured upon a double Obligation both of that which is made among them all to themselves and that which to him is made by them all and therefore that Opinion of Mr. Sidney of the Power of the People being delegated to some particular Persons the Major part of which can act for the whole Kingdom is even unreasonable according to the Notion of their own Hypothesis For while he supposes it a Natural Liberty and Original Power that the People have at the same time he lays down a Position that destroys it For 't is Unnatural and against Nature if they consider it that the major part should determine it against the Minor and be taken for the consent and Approbation of the whole when it is to be turned by a single suffrage and one casting voice And this carrying it by a Majority is against the Nature of their Original Liberty for we see that even in all Seditious Assemblies and tumultuary Meetings every Man would have every thing carried his own way but the being concluded by the Major part has always been the result of some civil Institution in the Government that thought it reasonable things should be so carried for an avoiding of Confusion and Disorder so our Representatives in Parliament are chosen by the Majority of their Electors and they pass their Bills when elected by pluralities of Voices but this proceeds from President Regulation Institution Custom and Law and yet we see that many times notwithstanding these receiv'd Rules and tacit Agreements to which all have submitted they are loth in their Elections to stand to their own accord in such Cases and that those that have lost the day or the Cause by some few voices are restless tumultuary and their natural Liberty that is in herent in every individual so prevalent that what they have lost by Law they endeavour to compass by force or fraud and from that has proceeded those Riotous forcible Decisions of some of our Elections those clan destine and fraudulent ones of others from that proceeded in our late Confusions even in Parliamentary Affairs The Remonstrances of the Army Excluded Members the Impeachment and Imprisonment of the Eleven Members Prides Purge The Peoples Agreement Abolishing of Lords House and at last Olivers Dissolution for the Independant Faction prevailing in force would by no means be concluded by Law the Presbyterian suffrages were all along the most numerous in the Senate and by all their Presidents in Parliament must have carried every Vote by the Majority This the Independant that fill'd not above the third part of the House found to their grievance saw themselves still out-voted by Law and so be took themselves to their armed Suffrages and their Legislative Swords Now tho the plurality of Voices tho against their Natural Power of the People for they don't like it even in Parliaments now since things are not carried all to their liking may be allowed to determine the Debates in a great Senate conven'd by the Soveraign Power yet it cannot be imagined that the Majority here too shall carry it for an abolishing that very power that called them unless we can imagin the Supream Power had summoned them on purpose to be deposed and that this politick BODY was Assembled as once they were too sadly in the natural Sence to cut off its own HEAD the Writ that summons them in our Parliament is in order to deliberate about the difficult Affairs of the Kingdom and it would be a difficult Business indeed should it be by a casting voice extended to a debate whither they had a King And from these Reasonings and Suggestions which I submit to Men of more Sense and Reason I dare to draw this Conclusion that even from their own Principles Their Contract with their King or as Sidney says The Condition upon which he receives the Crown he can not possibly be punish'd or depos'd because 't is almost impossible that every one of his Subjects should concur in such an Act and the Major part must by no means determine it by their own Maxims of Natural Liberty even in affairs of lesser Moment 2. Because 't is no Consequence that because they have confer'd the Supremacy upon some single Person that therefore they may reassume it too tho it were forfeitable even on Condition which l 've shown the Romans themselves never pretended to tho their own Democraticks tell us their very Lex Regia was Conditional and their Laws which by all Nations are allowed the most equal resolve it that tho with them bare promises if made to private Persons were were not Obligatory yet when offer'd to the publick they oblige and that in a Monarchy is always the King and what then must it be when there 's Oath made Faith pawn'd and fealty sworn And those Laws resolve it too as reason must that when the Supream Power was confer'd on the Prince all Magistracy was past over too and in that lies all Judicial Power and who then shall Judge of those Conditions that forfeit a Crown but him that wares it and thenthey'll be but little the better for the Controversie when a King cannot be deposed unless like a Richard the Second by his own consent I have taken this Course as the best way for the Confutation of such Principles not that I can really grant them the Concessions I have made for I could assoon believe Mr. S. dy'd a Loyal Subject as be satisfy'd with the positions he has lain down but I therefore grant them their own Hypothesis that they may confute themselves that they may see their own Babel of Anarchy will not be built upon the very Basis and Foundation of those Foolish positions they maintain that the work never was or will be carried on far without terminating as that of their Fore-fathers in Confusion and by that they mean perhaps a Common-wealth and have I hope in some Measure manifested that even by their own wicked assertion of the Peoples Divine Natural and Original power they cannot really pretend toany Right of Judging Punishing or deposing their King what force can do we have both felt and fearfully to our Terror seen but in all Arguments of this Nature the Question is of the Reason and Right and not of any Fact that may be justify'd by wrong and the refuting them from their own Maxims must be more effectually convincing then the maintaining of ours for one opinion in Politicks is
Honour our Servants and those that are subjected to our Power but the very Act it self would seem preposterous awkward and unnatural And this agrees even with the very notion of as Learned a Republican perhaps as ever publisht any thing in Politicks for Aristotle that liv'd under a Common-wealth tho he had less I believe of its principles than our Seditious Souls that are Born Subjects to a King and sworn to be true to an Establisht Monarchy he to Confirm his opinion of the paternal Right which in several parts of his Politicks that Antient Heathen that vast Body of the Primitive Philosophy is pleas'd to maintain when he tells us that Families and Houses were at first Govern'd after the manner of Kingdoms by the Eldest head in it that Cities were heretofore as most Nations now are under the Government of Kings and then in another place in his Ethicks more Expresly to this purpose plainly says directly contrary to the Sense of Mr. H. and some of our Democraticks that have ador'd some part of his Political Observations That an Empire or Monarchy or according to the Literal Greek a Kingdom will be a Paternal Government and one would think the Authority of such Antiquity should at least have prevail'd upon Mr. Hunt and his Historian not to have Libell'd the Hypothesis for Novel or new but agreeable to this his position does that wise Heathen define Honour in the same Sense as I have Suggested aboue i. e. that it does imply wherever it is paid a Power and Subjection in him that pays it for he makes all his Honour peculiarly properly in his Politicks to signify nothing else but Empire and Magistracy and in other places by those that are in HONOR he understands the same persons whom at other times he dignifies with the Title and appellation of those that are in POWER which has made me many times think that as the Romans receiv'd the first rudiments of their Learning from the Greeks so they might retain some roots of their Language and mixt them among their own as we see among our selves those Modern Nations do at present that Correspond and then we may imagin since their Sense and Etymology is not so wide and irreconcilable that the Latinisms Timor and Timeo were but borrow'd from the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for whom we fear we must Honour and whom we Honourwe fear I know that it is but a sorry sort of reverence that is the result of our being afraid but yet we oblige our selves to pay it tho it be but with reluctancy so that I can confirm the position I lay'd down and return to the very words of what was first asserted and that with none of the worst Syllogism in Logick a sort of Sorites or Gradual Climax i.e. Where ever there is any Natural Honor there always will be an awful fear and wherever there is any thing of awful fear it is of somewhat what that has an absolute Power And then in my poor Apprehension it is almost as natural an inference in the Rules of Logick from the proposition of A being the Father of B that therefore he is his Lord and Master too as it is in the Common Conclusion that is made among Logicians of B's being an Animal from the Proposition that he is a man for tho Dominion be not absolutely exprest in the definition of a Father yet it is so apparently Imply'd that it makes an essential part of him from the Closeness of the Connexion neither can Mr. H. overthrow the notion with his Fruitless Labours about the sublim'd Love that exerts it self in the work of Generation for it is not the bare procreation that Entitles the Father to this Dominion for then the Mother too would at least have as great a Power over the Production being as much contributory to its being produc'd and for some reason more Right and Jurisdiction over her Infant as being the Fruit of her own Womb as being she that 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 manners 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 〈◊〉 but it holds good even in the State of 〈◊〉 and even in the literal 〈◊〉 visible among Beasts But that which gives the Father a double Title to the 〈◊〉 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 〈◊〉 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 accrews to a Servant or 〈◊〉 which the Civil Law and our own Common too resolve into the Power and Possession of the Master and Parent And then with what an Impertinent sury with what an insignificant Folly does the renowned Lawyer Labour and lay out his Lungs against Sir Rohert 〈◊〉 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 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 fort 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 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 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 sought their Soveraign in the Name of King and Parliament so now the Souldiers of Fairsax 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 Sidney says Such a general revolt of the Subjects can not be call'd a Rebellion And 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
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 Common Law and confirmed by special Act of Parliament The Commons they send up a Vote and Bill for suppressing it The High Commission was establisht by the Statute of the Queen the Commons come and would put it down with a Vote The Court of Wards and Livery the tenures of which were even before the Conquest and drew Ward and Marriage after it was establisht by particular 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 Custom and several Statutes abolisht by the Parliament in the Year 1641. The King had the Courts of his Forests his Judge in it constituted of old by Writ then by Letters Pattents This was a grievance which was never before and therefore must and was supprest with the rest The 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 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 Laud with an Ordinance Resolved by all the Judges in Queen Elizabeths time that to levy War to remove evil Counsellors is High Treason against the King they past a Vote that the King was seduc'd by evil Counsellors against whom they levied War to remove There is a special Statute that says expresly that the Subjects that aid the King shall not be molested or questioned They publisht their Declaration 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 Law makes those Delinquents that adhere to the King's Enemies they Vote those that serve him in such Wars Traitors by a Fundamental Law The 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 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 Act of Parliament The Parliament order the raising an Army against the K. declared Treason by special Act The King then Summons his Subjects to his assistance at York and comes and sets up his Standard at Nottingham for that was warranted by the Laws of the Land and 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 Republicans either of which should it gain credit is enough to run us again all into Blood And both together as false as Hell and can be the Doctrine of none but what 's the Author of all Sedition the Devil These were the Plots which they practis'd upon that poor Prince whose Sincerity was always such that he could not suspect in Nature such a sort of designing Villains nor humane Wit well imagine such ingrateful Monsters that for their King 's continual Concessions to better the Conditions of his Subjects should still Plot upon him to render his own the worse Here we saw what all these Positions Principles Practises all their Preaching Praying Printing did tend to and terminate in the People enslav'd the Monarch murder'd the Government undermin'd But as these Maxims of our Democratick's were destructive to our Monarchy and produc'd as you have seen those Plots and conspiracies that subverted it so shall we see by subsequent Events and be inform'd from as much Matter of Fact what I have heretofore insinuated only from the force of Reason that the same Principles after they had set up their Commonwealth made them Plot too upon one another When the Parliament had imprison'd their King whom they bought for a Slave confin'd him with a merciless Cruelty at Holdenby-house then a Castle and Garrison and by that Act made him no more a Monarch but a Prisoner of War themselves no more his Subjects but his Masters and Sovereigns the Parliament having had so far the End of their Plot upon the King now the Army take their Turn to Plot upon the Parliament who when they had made their Monarch accountable to their Memberships might as well sure expect by their Servants to be call'd to account The Parliament when they had wrested the Sword out of the King's Hand knew themselves the Supream Power and were as certain they could as soon send him packing with his Supream Right The Soldiers now are sensible that the Members of the Army have that Sword in their Hand which the Parliament took out of the King 's and see no reason why they may not make themselves the Supream Parliament for this their Original Right of the People over the Magistrate will always I warrant you be appropriated to that part of it that has an Actual Power and that they found for Cromwel conspires with his Adjutators who like provok'd Beasts begin to be warm'd into a perception of their own Strength which even when a Horse comes to know to be sure he 'll throw his Rider For this he fools his Fellow-Senators with a Suggestion of his readiness to suppress any Soldiers Insurrection at the same time that he set them on to rise The Parliament had plotted by Subscription and Petitioning to advance their Power upon the King their humble Servants the Soldiers now subscribe petition that the Parliament would be pleas'd to submit to their Power send to the Good Houses at Westminster the Representation of their Army that they forsooth were the Delinquents now and that they be speedily purg'd of such Members as for Delinquency were not to sit there They make eleven of them Traytors impeach them of High-Treason to
patriae est D. 1. 4. 1. Atrocius est Patriae parentem quam 〈◊〉 occi dere Cicero in Philip 2d * I 've said yee are Gods Psalms ‖ Hunt allows that himself posts p. 95. †Postquam populus Romanus Lege Regiâ in principem omne suum Imperium potestatem solum Contulit ex illâ non sub diti sed etiam Magistratus ipsi subiiciuntur Zouch Elem. p. 101. * Edward the 3d. ‖ 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 runs all in the sole 〈◊〉 of the King 24. H. 8. c. 12. †Vid. 1. Ed. 5. fol. 2. Si Le Roy moy dissei sit pur ceo que Le Roy en le ley ne poit moy disseisir il né serrá appell disseisor mes jeo sue mis a petition à Roy. 4. Ed. 4. 25. 13. * Coke Comon West 1. 2. Inst. p. 158. ‖ Stat. to pursue suggestious 37. E. 3. c. 18. 38. Ed. 3. c. 9. Parl. Glocester 2. Ric. 2. Brief History of Succession p. 7. †Plato Rediviv p. 116. 234. †Plato Rediviv p. 116. 234. March Needham Merc. Polit n. 65. Sept 4. 1651. Hollinshed 3d. Vol. Chron. F. 508. N. 50. How 's Annals p. 277. Vid. Trussel in vit R. 2. Parl. Glocest His deposers within the 25 of Ed. Coke Treason * Mag. Chart. 9. H. 3. c. 29. Cap. 14. ‖ 2 Inst. pag. 49. †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 〈◊〉 penalty and that even in trespass where damages but 40. sh. 5. E. 3. Chap. 7. Vid. also 〈◊〉 E. 3. c. 8. 〈◊〉 E. 3. c. 4. 13. R. 2. and several other Stat. in H. 4 5 6 7 8th times about it * Vid. Lilburn's Tryal 24. Oct. 1649. Printed the 28. of November 1649. Page 3. Ib. p. 121. Ibid. pag. 122 113. That contradicts directly out of their own Mouth the Doctrine of William Pryn of his Parliaments Right to it Littleton Sect. 368. Coke Com. ibid. Prideaux Liburn's Tryal page 17. Ibid. page 123 †13. R. 2. †It is the most Honorable Court the Parliam excepted that is in the Christian World of Honorable Proceeding just Jurisdiction A Court that kept all England in quiet Coke 4 Inst. p. 65. and so it did till abolish'd by the Tumults of a Parliam An. 1641. page ‖ Coke 4. Inst. C. 5. †3. H. 7. c. 1. ‖ Cambden Britt 130. Coke 4. Inst. p. 65. 63. ne dignitas hujus Curiae vilesceret Verney's Case 34. H. 6. Rot. 37. ‖ 'T is that which gives them Life as I have shown before and makes them any thing besides waste Paper And the Judicious Hooker in his politicks seems to be of the same opinion when he says Laws take their force not from those that devise them but from the power that gives them the strength of Laws †The seven Kingdoms of the Saxons had all their Laws made by their 7. several Soveraigns of which confuss'd number the Confessor cull'd out the best and call'd them after his own name St. Edward so did also the other Saxon and Danes Kings their own after theirs as you see in Lambert's Book of Laws ‖ Omne malum ab aquilone * pag. 21. ‖ Tryal p. 23. §. 2. †Magn. Chart. 9. H. 3. know ye that we of our mere will have given c. Chart. Forest. 9. H. 3. begins also with a we will Stat. Hiber 14. H. 3. only a mere Order of the King to the Son of Maurice his Judge there the words we command you Witness my self Note that was even concerning Free-hold and a Case of Co-parcenary The Stat. Bisex 21. H. 3. tho concerning pleading and Common Law but an Order of the King to his Judges for the words are we ordain and Command you Stat. Assiza 51. H. 3. The King to whom all these shall come greeting de scacc the King Commandeth †31. Hen. 8. c. 8. Stat. Mert. 6. The King our Lord providing hath made these Acts 2d Inst. p. 101. Westm. 1. 3. Ed. 1. 1. The King willeth and commandeth Stat. Gavelet even of altering the writ which they say can't be done but in Parliament Enacted by the King and his Justices 10. E. 2. Stat. E. 3. several say we will we ordain so also several R. 2. H. 8 * Coke 4. Inst. c. 1. Parl. †34. H. 8. c. 25. ‖ 1. Ed. 4. c. 12. Plato Rediv That the form 1. H. 4. H. 5. H. 6. Ed. 4. 〈◊〉 3. Then begins the other 1. H. 7. H. 8. Ed. 6. Q. Mar. Q. El. Jac. 1. Wil. 〈◊〉 Power of Parliam Exact Abridgem Fol. 117. p. 1. H. 3. Keeble Stat. 1. El. C. 3. and does not their own Oracle tell them so L. Coke 4 Inst. C. 1. Parliam H. 6. 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. 〈◊〉 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 〈◊〉 Acts 2. Iust. page 487. 〈◊〉 Jac. 1. C. 〈◊〉 6. Car. p. 1. C. 19. 12. Car. 2. C. 25. 〈◊〉 2. 13. Car. 〈◊〉 13 14. Car. 2. C. 10. 19. Car. 2. 8. 25. Car. 2. C. 1. 25. Car. C. 9. 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 〈◊〉 and they to their Obedience the old form was retrieved The King with advice and consent of Car. 2d Speech to the late Oxford Parliam Petyt's Right of the Commons asserted from his Cleri populi 〈◊〉 4. Inst. Tryal pag. 24. A Sophism Logician call the Petitio principi Page * Vid. Paper at his Execution He has too that Old Seditious Aphorism us'd by Junius Brutus all the rest of the Republicans Singulis 〈◊〉 Tryal p. 23. tho in the next paragraph he is no more than any of his Subjects ‖ This Gentleman seems only to have translated that Authors own words non
debet in 〈◊〉 〈◊〉 non atrocitate consistere D. 〈◊〉 9. 〈◊〉 Decet princi pem leges servare quibus ipse solutus D. 32. 1. 24. ‖ 〈…〉 est civilum Romanorum nulli 〈◊〉 homines talem potestatem habent Inst. 1. 9. Inst. lib. 21.9 Vid. Pacii Anaiibid Appellatione Familiae etiam princeps familiae Continetur Zouch pars 3. §. 4. Dig. 50. 19. 196. Neque naturale liberi neque adoptivae ullo modo possunt 〈◊〉 parentes de potestate suā eos dimittere Iust. 1. 12. 12. Vid. Jul. Pac. ibid. ‖ D. 22. 3. 8. * Ridley's part 4. C. 2. ‖ Yet Servants were heretofore with us formally Emancipated Qui servum Liberat inmercato vel hil lumdredo Lanceam gladium quae liberorum sunt arma in manibus ponat Lex H. 1. 78. Lamb. p. 206. Vid. Bract. l. 1. c. 10. Flet. l. 1. c. 7. Lex AEthelst 70. Lamb. p. 54. Post. p. 98. Si aliquis filiolum occideret ergalum parentes mortui conjunctī re us est Lex Hen. 1. 79. Lamb. p. 207. And with this agrees the reviv'd practise among our moderns to bring Appeals 25. Ed. 〈◊〉 Ed. 1. Coke 3. Ins. p. 20. * Chap. Treas p. 20. Et pur ceo plus semblable Treason c. 25. E. 3. c. 2. 〈◊〉 p 1. Mar. Cap. 1. 〈…〉 ‖ Paper at his Exec. †3. Inst. p. 20. 22. Ed. 1. Matt. Paris 874. ‖ Si quis falsaverit sigillum domini sui de cujus familia fuit Flet. l. 1. c. 22. Britton fol. 16. * Coke 3. Ins. fol. 20. ‖ 〈…〉 * Dig. ad leg Jul. maj l. ult Vid. 〈◊〉 〈◊〉 l. 6. ff d. pub Vid. Lex Pompeia de Parricidiis Inst. Lib. 4. Tit. 18. Par. 6. Lex Cornelia de sicar made by Cornelius Sylla the 〈◊〉 ibid §. 510. 〈◊〉 Vld. Rom. c. 13. Paper at Execut. Posts p. 959. ‖ Dig. 22. 4. 2. D. 48. 2. 7. †37. Ed. 3. 18. 38. Ed. 3. 9. ‖ Nemo Dominum suum judicet vel judicium proseret super eum cujus ligius sit Lex Hen. 1. Lamb. 187. Patriarch p. 6 ibid. p. 93. Gen. 14. ‖ Plato Redivivus page 23. Numb 16. Hunt post Paper at Exec. Berosus the Priest of Belus talks of ten Kings of Caldea before the Flood Tryal page 26. * De Jure Magistratuum sic Dani Christiernum c. sic Sueci Sigismundum But this Author extends it too to absolute Hereditary Kingdoms as well as Mr. Sidney Sic Scoti 〈◊〉 〈◊〉 perpetuo carcere damnarunt rectius audeo dicere 〈◊〉 〈◊〉 fuisse si meritas paenas 〈◊〉 eam exercuissent D. Jure Mag. p. 47. By me Kings Rule * Merc. polit ‖ History of the World cap. 9. §. 2. Sigon de Jud. l. 2. c. 4. de Jure Rom. lib. 2. c. 18. Vid. Baker pag. 146. Rich. 11. * Qui aliquod munus gerere debent virtutis habita ratione eliguntur 〈◊〉 Orat. pro Monarch * Vid. Tacit l. 1. p. 1. Lucius Florus p. 1. †Lact. de fals rel l. 1. c. 22. Vid. Orat. Maecenat pro Monarch ‖ Dictator quoniam dictis ejus totus parebat populus Rom. Antiq. p. 170. Otho Vitellius Heliogab they set up Alexand Aurelianus Probus they murder d. * Sacrilegii instar est c. C. 1. 23. 5. ‖ Quisque vel cogitavit C. 9. 8. 5. †Ibid. Dig. 48. 19 38. * 33. Ed. 3 10. H. 7. 16. †Coke Litt. Sect. 1. fol. 1. B. The Possessions of the King are call'd Sacra Par trimonia 1 Inst. * Justin. l. 16. 36. Praestat regem Tyrannum habere quam nullum p. 182. Tacit. Lib. 1. Praestat sub malo principe esse quam nullo Page 23. * Gasper de Collign Mr. D' Andelot †Alias Godfry de la. Bar. * To renew another about the end of this unhappy War were publisht those Treasonable Tracts De jure Magist. Brutus his Vindiciae With another as pernicious a piece a Dialogue composed as pretended by one Eusebius Philadelphus Libels that expos'd Majesty to the Publick like a piece of Pageantry only to be look'd upon and shouted at Vid. Heylin's Hist. 〈◊〉 pag. 68. * Ursinus Pareus * Si bene prome si male con tra me stringito †Sleid. Com. fol. 57. An. 1575. †Tryal p. 25. * His Book burnt even by the Sorbonist at Paris A. D. 1610. * Vid. Troubles at Frankfort Edit Ann. Dom. 1642. ‖ Sanderson's History of King James p. 15. * St. Andrew's Scone Sterling Edeuburg c. 〈◊〉 pag. 123 124. * 〈◊〉 p. 31. * Isle of Lochlevin * Sanders History of K. James pag. 52. †Vid. Spotwoods Hist. p. 323 324. * An. 1503. †Que regio in terris c. Virg. AEneid †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. * 1 Jacob 1. †Fowlis Hist. pag. 65. * Vid. Printed Votes H. Com. That the giving the King Money c. †Vid. even Rustworth C 〈◊〉 p. 40. c. 16. E. * Aude aliquid brevibus 〈◊〉 carcere dignum si vis esse aliquid Juvenal Satyr * Vid. Com. Lit. 1 Jnst. p. 26. B. For adherencv to the Kings Enemy without the Realm the Delinquent to be attained of High Treason * Vid. Tryal p. 26. †Plato Redivivus p. 167. * Ibid. * Ibid. * Ibid. 168. * Vid. Baker p. 435. A. D. 1625. * So Plat. Red. p. 117. †Vid. The Royal and the Royalist's Plea printed A. D. 1647. * Vid. Lord Keeper's Speech to the Parliament A. D. 1625. 25. Ed. 3d. * 1. Mar. †Lex Julia Inst. 4. 18. 3d. * Merc. Polit. a 4 Institutes c. 5. b Reg. Hen. 7. c The 9th of June 1641. d 1 El. c. 1. e The ninth of June 1641. f 4 Inst. p. 192. g 32. H. 8. c. 46. h 4 Inst. c. 61 i Ed. 1. Hen. 8. R. 2. H. 5. k Chart. Forest. l 27. H. 8. c. 24. m Magn. char c 29. and their Petiton of Right n Dug view p. 68. 19. April o 10. Jan. 1644. p May. 20. Exact Coll. p. 259. q 12. H. 7. c. 1. r 17. May. Ex. 〈◊〉 p. 〈◊〉 s Coke Lit. p. 164. t 20. May. u Ed. 2. x 7. Ed. 1. y 5. H. 4. z 25. E. 3. a 5 July 42. Exact Coll. b 1. Ed. 2. de mi. litibus 7. Ed. 1. * Sidney's Tryal p. 26. Plato Redivivus p. 167. * Histor. Independ p. 27. †Ibid. * Ibid. †Ibid. p. 40. * Ibid. †Ibid. p. 44 45 46 47 48. * Sidney's Tryal p 23. * Oliver's first Parliament made the silly Acts about Marriages * Protector †The other House * Hist. Indep Pt. 4. p. 66 67. Ann. Dom. 1653. †An. Dom. 1659. Oct. 26. Hist. Indep Pt. 4. p 68. * Baker's Chron. p. 694. 1660. 1662. 〈◊〉 Wil. 〈◊〉 〈◊〉 prefixt to their Tryal * Vid. The whole in an 〈◊〉 Account 〈◊〉 the Proceedings in the Parliament at London 1679. March 1681. * Vid. Coll. Tryal p 1. 9. †〈◊〉 Proceedings at the Old-Baily 24. Novem 1681. Vid. Lord 〈◊〉 Tryal Sidneys c. Feb. 7. 1683. Decemb. 1684. * Decemb. 24 1684. 〈◊〉 Discoveries in Scotland Printed by 〈◊〉 late Majesties Command as also the Account come out in this King's Reign by Order of the late Printed by Authority Vid. His Tryal for High Misdemcanor at Guild-Hall London Feb. 14. 1683 4. April 14 1684. a Jun. 29. b Jun. 30. * June 29. 1685. †June 25. 1685. a July 6. b July 7. a July 13. b July 15. a Postcript to the History of the Association Printed for Janeway London b Post. p. 94 69 70 83 93. a Considerations Consider'd p. 1 5 14. Merc. Politicus Num. 62. Num. 64. Num. 67. Num. 79. Num. 115. a Post. p. 89. a Plato Redivivus p. 209. b Vid. History of the Succession writ by Merc. Politicus Number 64 65. a Merc. Politicus Num. 59. July 24. 1651. a Sermon Preach'd to the Parliament November 5. 1651. a Merc. Politicus Num. 63. August 21. 1651. b Merc. Politicus Num 59. a Case's Sermon before the Court-Martial London 1644. †Statuimus quod omnes 〈◊〉 Regni nostri sint Fratres conjurati ad Monarchiam nostram pro viribus suis pefendendam Lex Gal. Conq. 59. Lamb p. 171. a Mere. Politicus Number 62 79.