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A86917 A treatise of monarchie, containing two parts: 1. concerning monarchy in generall. 2. concerning this particular monarchy. Wherein all the maine questions occurrent in both, are stated, disputed, and determined: and in the close, the contention now in being, is moderately debated, and the readiest meanes of reconcilement proposed. Done by an earnest desirer of his countries peace. Hunton, Philip, 1604?-1682. 1643 (1643) Wing H3781; Thomason E103_15; ESTC R5640 60,985 86

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expelled the British into Wales Rather I conceive the Originall of the subjects libertie was by those our fore-fathers brought out of Germany Where as Tacitus reports Tacit. de Morib German Sect. 3. 5. nec Regibus infinita aut libera potestas Their Kings had no absolute but limited power and all weighty matters were dispatched by generall meetings of all the Estates Who sees not here the antiquity of our Liberties and frame of Government so they were governed in Germany and so here to this day for by transplanting themselves they changed their soyl not their manners and Government Then that of the Danes was indeed a violent Conquest and as all violent rules it lasted not long when the English expelled them they recovered their Countrey and Liberties together Thus it is clear the English Libertie remained to them till the Norman Invasion notwithstanding that Danish interruption Now for Duke William I know nothing they have in him but the bare stile of Conqueror which seems to make for them The very truth is and everie intelligent reader of the Historie of those times will attest it that Duke William pretended the grant and gift of King Edward who died without children and he came with forces into this Kingdome not to Conquer but make good his Title against his enemies his end of entring the Land was not to gaine a new absolute Title but to vindicate the old limited one whereby the English Saxon Kings his Predecessors held this Kingdome Though his Title was not so good as it should be Camb●●n Britan. Norma● yet it was better then Harolds who was onely the Sonne of Goodwyn Steward of King Edwards house Whereas William was Cousen to Emma mother to the said King Edward by whom he was adopted and by solemne promise of King Edward was to succeed him Of which promise Harold himselfe became surety and bound by oath to see it performed Here was a faire Title especially Edgar Atheling the right Heire being of tender age and dis-affected by the people Neither did he proceed to a full Conquest but after Harola who usurped the Crown was slain in battle and none to succeed him the Throne being void the people chose rather to submit to William and his Title then endure the hazzard of ruining war by opposing him to set up a new King It is not to be imagined that such a Realme as England could be conquered by so few in such a space if the peoples voluntary acceptance of him and his claime had not facilitated and shortned his undertaking Thus we have it related in Mr. Cambd●n that before Harold usurped the Crown most men thought it the wisest Policie to set the Crown on Williams head that by performing the Oath and promise a Warre might be prevented And that Harold by assuming the Crown provoked the whole Clergy and Ecclesiasticall State against him and we know how potent in those daies the Clergy were in State affaires Also that after one battle fought wherein Harold was slain he went to London was received by the Londoners and solemnly inaugurated King as unto whom by his own saying the Kingdome was by Gods Providence appointed and by vertue of a gift from his Lord and Cousen King Edward the glorious granted so that after that battell the remainder of the war was dispatched by English forces and Leaders But suppose he did come in a Conqueror yet he did not establish the Kingdome on those termes but on the old Lawes which he reteyned and authorized for himselfe and his Successors to governe by Indeed after his settlement in the Kingdome some Norman Customes he brought in and to gratify his souldiers dispossessed many English of their estates dealing in it too much like a Conqueror but the triall by twelve men and other fundamentalls of Government wherein the English freedome consists he left untouched which have remained till this day On the same Title he claimed and was inaugurated was he King which was a title of rightfull succession to Edward therfore he was indeed King not as Conqueror but as Edwards Successor and on the same right as he and his Predecessors held the Crowne As also by the grant of the former Lawes and forme of Government he did equivalently put himselfe and successors into the State of legall Monarchs and in that Tenure have all the Kings of this Land held the Crown till this day when these men would rake up and put a Title of Conquest upon them which never was claimed or made use of by him who is the first root of their succession Another reason which they produce is the successive nature Sect. 4 of this Monarchy for with them to be elective and limited and to be successive and absolute are equipollent They conceive it impossible that a Government should be Hereditary and not absolute But I have enough made it appear Part 1. Chap. 2. Sect. 6. That succession doth not prove a Monarchie absolute from limitation though it proves it absolution from interruption and discontinuance during the being of that succession to which it is defined And that which they object that our Kings are actually so before they take the Oath of governing by Law and so they would be did they never take that Oath wherefore it is no Limitation of their royall power is there also answered in the next Sect. and that so fully that no more need be said The same Law which gives the King his Crown immediatly upon the decease of his Predecessor conveyes it to him with the same Determinations and Prerogatives annexed with which his Progeintors enjoyed it so that he entring on that Originall Right his subjects are bound to yeild obedience before they take any Oath And he is bound to the Lawes of the Monarchy before he actually renewes the bond by any Personall Oath There is yet another argument usually brought to this purpose taken from the Oath of Allegiance but of that I shall have occasion to speake hereafter CHAP. II. Supposing it be in the Platforme limited Quest 2. Wherein and how far forth it is limited and defined Pos 1 I Conceive it fundamentally limited in five particulars First in the whole latitude of the Nomotheticall power so that their power extends not to establish any Act which hath the Being and state of a Law of the Land nor give an authenticke sense to any Law of doubtfull and controverted meaning solely and by themselves but together with the concurrent Authority of the two other Estates in Parliament Pos 2 Secondly in the Governing Power there is a confinement to the Fundamentall Common Lawes and to the superstructive Statute Lawes by the former concurrence of Powers enacted as to the Rule of all their Acts and Executions Pos 3 Thirdly in the power of constituting Officers and meanes of governing not in the choice of Persons for that is intrusted to his Judgement for ought I know but in the constitution of Courts of Judicature For as