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A26069 The royal apology, or, An answer to the rebels plea wherein the most noted anti-monarchial tenents, first, published by Doleman the Jesuite, to promote a bill of exclusion against King James, secondly, practised by Bradshaw and the regicides in the actual murder of King Charles the 1st, thirdly, republished by Sidney and the associators to depose and murder His present Majesty, are distinctly consider'd : with a parallel between Doleman, Bradshaw, Sidney and other of the true-Protestant party. Assheton, William, 1641-1711. 1684 (1684) Wing A4038; ESTC R648 26,293 69

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the Grievances of his Subjects but by the Reports of others To supply this Defect he calls whom he pleaseth such as he thinks able and faithful to assist and direct him to be of his Privy Councel whose advice he takes in the Execution of those Laws which are already Establish'd But since all human Laws are liable to Defects for it is the sole Prerogative of Gods Law as being the result of Infinite Wisdom and Goodness to be exceeding broad to be fitted to all times and to answer all occasions it is therefore sometimes necessary that new Laws should be made and the old ones either abrogated and null'd or else reinforc'd with greater Penalties In such Cases according to the happy Constitution of these Nations the King summons his Great Council the High and most Honourable Court of Parliament The Lords Spiritual the Lords Temporal and the Commons Representing the Three Estates of the Kingdom Who coming from all Parts of the Nation are best able to inform His Majesty of the Grievances of his Subjects and by what Ways and Methods they may most suitably be redress'd In order hereunto when any Proposal or as we phrase it any Bill hath pass'd the Approbation of the Two Houses it is then humbly presented to the King for his Royal Assent Which if His Majesty thinks fit to grant then Le Roy le veult makes it a Law But if the King shall dislike the Bill he then rejects it with a Le Roy ne veult the King will not pass it or else in that more obliging Form of Denyal Le Roy avisera the King will consider or advise about it This is the plain matter of Fact From whence 't is very easie to understand what this Form of words By the Authority of the same doth import viz. not of the same Lords and Commons as if either Lords or Commons had an Authority contradistinct from or coordinate with the King but by the Authority of the same Parliament The which Parliament as Sir Edw. Cooke (a) Instit part 4. Cap. 1. p. 1. informs us consisteth of The Kings Majesty sitting there as in his Royal Politick Capacity and of the Three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons So that in Propriety of Speeeh neither Lords nor Commons though in a vulgar Sense and to some purposes they are sometimes so called I say neither Lords nor Commons strictly and properly are a Parliament without the King who summoning them by his Writs and presiding over them as their Head animates and informs them and makes them a Legal Parliament who otherwise without the Royal Summons would be no better than an unlawful and riotous Convention The Lords and Commons have indeed an Authority to meet and sit and debate as a Parliament But they have this Authority solely from the King and not from Themselves or from the People For the King Calls them when he pleaseth and so makes them a Parliament and he Dissolves them when he thinks fit and so makes them none Again The Lords and Commons have an Authority but not to Enact or make Laws for the Words Be it enacted refer only to the King but to advise and consent to such Laws as shall be made by the King And therefore this Phrase Be it enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled c. hath an Ellipsis in it and is to be read thus Be it enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and the Commons in this Parliament assembled c. Advice and Consent though for Brevities sake they are not always express'd yet are still to be understood And for the Truth of this I appeal to the Form of our antient Statutes as also to some modern ones and that not only in the Title but also in the Preface and Sanction of them For till the time of Henry VIII the words Advice Assent or Consent were never omitted As appears from the Statutes themselves to which recourse to be had From these Premises it plainly appears That the Supreme Power is solely in the King and That the Two Houses of Parliament are not Partners in the Government but his most Dutiful and Loyal Subjects as in all their Petitions most truly they do stile themselves And that this Form in our Statutes By the Authority of the same when rightly understood doth neither give them Title to make Laws nor perform any other Act of Soveraignty which may countenance this Fancy of a Coordinate Power The next Pretence of these Republican Polititians which I find they often urge in vindication of the late Rebellion is this That the King is One of the Three Estates and from thence they infer He hath but One share in the Government and that the other Two are Co-partners with Him The which Suggestion being apparently False I shall need to say the less in it's Confutation especially being so happily prevented by a late Learned Hand viz. The Grand Question concerning the Bishops Right c. The judicious Author of which Treatise having first premised That the whole Parliament assembled are the best Judges which are the Three Estates in Parliament and that their Authority is more to be valued than that of any particular Persons whether Lawyers or others He then in many Instances informs us from the Parliament Rolls and publick Records of the Kingdom That the Three Estates are the Lords Spiritual the Lords Temporal and the Commons In these Records we read of Impeachments R. 2. made before the King and all the Estates of the Realm Of Commissions appointed by the Peers and Lords Spiritual R. 2. and Temporal and the Commons of the Kingdom representing all the States of the Kingdom Of such and such things 6 H. 6. n. 24. advised and appointed by the Authority of the King assenting the Three Estates of this Realm The Duke of Bedford appear'd in Parliament 11 H. 6. n. 10. before the King and the Three Estates of this Realm In the Parliament 1. H. 6. The Queen Dowager in her Petition mentions the Ratification made in Parliament 9 H. 5. and saith It was not only sworn by the King but by the Three Estates of the Kingdom of England i. e. by the Prelates Nobles and other Grandees and by the Commons of the Realm of England And to add one Instance for latter times in the Parl. 1 Eliz. cap. 3. The Lords Spiritual the Lords Temporal and the Commons declare That they do represent in Parliament the Three Estates of the Realm With several others which I shall not mention but refer all those who either want or desire satisfaction to the Book it self And as to my plain honest Reader who hath neither ability nor opportunity to consult these Publick Records I shall desire him to open his Common-Prayer-Book and to
such height of Treason as deserves a sharper Confutation than can be given it from this Treatise As to the point of Non-Resistance most seasonable to be enforc'd at this time I did once design very fully to have enlarg'd upon it To have shew'd its Obligation from all Laws Natural Positive Divine Human. As also to have Answer'd the most Popular Pleas for such Resistance But I am so happily prevented by the Learned Labours of others particularly my Lord Bishop of VVinchester Dr. Falkner and Dr. Sherlock who have indeed exhausted that Subject that I shall give no further trouble but conclude my short Discourse with this following Argument The Supream Power must not be resisted But the King of England hath Supreme Power Therefore His Majesty cannot lawfully be resisted The Proposition is the voice of Nature There can be no Order nor Government unless this Truth be admitted Reason tells us Par in parem non habet potestatem much less hath an Inferior a Coercive Power over his Superior To which let me observe That even the late Rebels themselves were convinc'd in this matter For to vindicate their former Treasons and to patronize their intended Murder of that Blessed Prince they voted Jan. 4. 1648. Resolv'd That the People are under God the Original of all just Powers That the Commons of England Assembled in Parliament being chosen by and representing the People have the Supreme Power in the Nation That whatsoever is Enacted or declared for Law by the Commons in Parliament hath the Force of a Law and the People concluded thereby though consent of King and Peers be not had thereunto Plainly insinuating That whilst the Subjects of England according to their Duty did acknowledg the Supreme Power to be in the King they must needs apprehend That the War was Rebellion and his pretended Judges were Traitors And as to the Assumption viz. That the King of England hath Supreme Power this I hope hath been so fully prov'd in this little Treatise that I might suppose the Conclusion without any further Enlargement But because some late Seditious Pamphlets have very impertinently advanc'd the Power of Parliaments I shall ex abundanti thus undeniably convince them That the Parliament of England is Subject to the King Mr. SIDNEY Informs us That the Sidney's Paper p. 2. Right and Power of Magistrates in every Country is that which the Laws of that Country make it to be If therefore it do appear by the Laws and Statutes of the Kingdom That the Parliament of England is Subject to the King then the Controversy is at an End For Proof of this they are desired to Consult 12 Car. 2. c. 30. Where the Lords and Commons thus Petitioned to his Majesty We your Majesties said Dutiful and Loyal Subjects the Lords and Commons in Parliament Assembled do beseech your most Excellent Majesty that it may be Declared That by the undoubted and fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament nor the People Collectively or Representatively nor any other Persons whatsoever ever had have hath or ought to have any Coercive Power over the Persons of the Kings of this Realm Words so plain and undeniably evident that they are not capable of any further Explication Only it will be pertinent to observe Two Things First the Lords and Commons do not here petition that it may be Enacted but that it may be Declared intimating that the Kings Supremacy was not first establish'd in this Statute as if before the making of this Act the Parliament had been Superior to the King but is here only Declared to have been Establish'd by the undoubted Fundamental Laws of this Kingdom i. e. by such Laws as are the Foundation of the Government Whoever therefore shall Affirm That the Parliament hath a Coercive Power over the Person of the King he alters the Foundation and destroys the Government Secondly I do from this Statute observe That their famous Axiom major singulis minor universis will no longer support their Cause it being plain from this Act That the King is major universis as well as singulis When our Republican Clubs who talk so much of Law shall have answer'd this Statute they may then expect to hear further from me In th' interim I shall recommend a Text to be held forth in all their Conventicles the next time of their meeting Prov. 24. 21 22. My Son fear thou the Lord and the King and meddle not with them that are given to change For their Calamity shall rise suddainly and who knoweth the ruin of them both From whence may be raised these good Obversations viz. Honesty is the best Policy and Loyalty the best Religion FINIS THE PARALLEL DOLEMAN THERE can be no doubt but that the Common-Wealth hath Power to chuse their own fashion of Government as also to change the same upon reasonable Causes In like manner is it evident that as the Common-Wealth hath this Authority to chuse and change her Government so hath she also to limit the same with what Laws and Conditions she pleaseth Conference about Succession Part. 1. cap. 1. pag 12 13. All Law both Natural National and Positive doth teach us That Princes are subject to Law and Order and that the Common-Wealth which gave them their Authority for the Common good of all may also restrain or take the same away again if they abuse it to the Common-evil The whole Body though it be governed by the Prince as by the Head yet is it not Inferior but Superior to the Prince Neither so giveth the Common-wealth her Authority and Power up to any Prince that she depriveth her self utterly of the same when need shall require to use it for her defence for which she gave it Part. 1st cap. 4. p. 72. And finally the Power and Authority which the Prince hath from the Common-wealth is in very Truth not Absolute but Potestas vicaria delegata i. e. a Power Delegate or Power by Commission from the Common-Wealth which is given with such Restrictions Cautels and Conditions yea with such plain Exceptions Promises and Oaths of both Parties I mean between the King and Common-wealth at the day of his Admission or Coronation as if the same be not kept but wilfully broken on either Part then is the other not bound to observe his Promise neither though never so solemnly made or sworn Part 1st cap. 4. pag. 73. By this then you see the ground whereon dependeth the righteous and lawful Deposition and Chastisement of wicked Princes viz. Their failing in their Oath and Promises which they made at their first entrance Then is the Common-wealth not only free from all Oaths made by her of Obedience or Allegiance to such unworthy Princes but is bound moreover for saving the whole Body to resist chasten or remove such evil Heads if she be able for that otherwise all would come to Destruction Ruine and publick
in one single Person yet the Monarch is so limited in the Execution of that Power that he cannot legally perform several Acts of Soveraignty without the Concurrence of his Subjects as with us here in England the King neither makes LAWS nor doth raise Taxes without his Parliament If this be the utmost they design when they call England a mixt Monarchy then though the Expression is very improper an arrand Bull a flat Contradiction in adjecto yet where we are agreed in the Thing we shall not contend about VVords but may safely grant that in this Sense as now explain'd The Government of England is a mixt Monarchy But if by a mixt they denote such a Monarchy wherein though the Style and Title of King together with some Ceremonious Appendices of Royalty as Cap and Knee Guards c. are indeed invested in One single Person yet the Supreme Power and Soveraignty is not solely and intirely in the Monarch exclusively to all others as with us here in England say these Men the Soveraignty by way of Coordination is partly in the King partly in the Lords and partly in the Commons and for this reason they are styled the Three Estates of the Kingdom if this be their Notion of a mixt Monarchy as most plainly it is if Actions may interpret Intentions it is then not only false and absurd but dangerous and destructive And therefore in this Sense we do peremptorily deny That the Government of England is a mixt Monarchy For The Supreme Power is solely in the King and consequently the King is not by way of Coordination One of the Three Estates but the HEAD and Soveraign of them all In order to his Conviction the Dissenting Republican who denyes this Truth may please to consider That he who shall desire to inform himself rightly where the Supreme Power in any Government is plac'd as also by whom how and how far such Power hath from time to time been either exercis'd or restrain'd he must of necessity have recourse to the Publick Laws and Constitutions of such Government Particularly here in England he who designs to be truly instructed in this matter he must not receive his notice from the Discourses of private men which are many times fallacious partial and uncertain but he ought to consult the Known Laws and Statutes those Authentick Records of the Kingdom Now the Oath of Supremacy establish'd by several Parliaments doth expresly Declare That the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal Words as plain and intelligible as the Wit of Man could devise From whence 't is obvious to make this Inference That if the King is Supream then he hath no Superior if only Supream then no equal If over all Persons and as such the 55th Canon enjoyns us to acknowledg him in our Prayers then All Persons in these his Realms and all other his Dominions and Countries are subordinate or Subject unto him and if subordinate then none of them either severally or joyntly are coordinate with him Now is it possible after so plain and express a Determination for any Man to doubt That the Supream Power is solely in the King I observe it is possible For some Men who will not be satisfy'd with Reason do thus urge That the Oath of Supremacy being expresly levell'd against the Usurpations of the Church of Rome was consequently so fram'd as to discover those who are Popishly affected For the Persons taking that Oath are obliged only to Declare That they Renounce all Foreign Jurisdictions i. e. They do swear That the King of England is no Feudatory Prince and that he holds not his Crown in Fee either from the Pope or any Foraign Power whatsoever But what is all this say these men to the Parliament Or how comes this Oath to be urg'd against the Jurisdiction of the two Houses Since in those very Statutes in which this Oath is enjoyn'd the Legislative Power which doubtless is the Supream Power is expresly Established in the Parliament as well as in the King in these Words Be it Enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Lords Spiritual and Temporal and the Commons do Enact joyntly with the King and therefore have a Coordinate Power To which it is thus Reply'd That when this Oath of Supremacy was first framed the Pope being then the most noted Usurper was for that reason more particularly mention'd than any other but from thence to infer That it was design'd by way of Test to discover Those who are Popishly-affected is a very great Mistake For the Supremacy of the Kings of England being the chief Prerogative of the Crown was always challeng'd and maintain'd by (a) V. 27. Ed. 3. c. 1. 3 R. 2 c. 3. 7 R. 2. c. 12. 16 R. 2. c. 5. 2 H. 4. c. 4. 6 H. 4. c. 1. 24 H. 8. c. 12. 25. H. 8. c. 19. 26 H. 8. c. 1. 37 H. 8. c. 17. Parl 2. 1. Mar. c. 1. Popish Princes as well as Protestant (b) 1 Eliz. c. 1. 5 Eliz. c. 1. 13 Eliz c. 2. as appears by these several Statutes here mention'd in the Margent The Intent then of this Oath was not to discover who are Papists but in plain Terms who are Traitors And therefore let Mens Pretences to Religion be otherwise what they will if by scrupling this Oath they refuse to give assurance to the Government that they will be honest and loyal they are to be esteem'd if not Traitors yet at least Trayterously affected And whereas they further urge That the Coordinate Power of the Parliament is no way condemn'd by this Oath which only takes notice of a Foraign Usurpation They are for their satisfaction desired to consider That since rectum est Judex sui obliqui Domestick Usurpation is hereby excluded as well as Foreign The Soveraignty of the People as well as of the Pope And as to that which is pleaded from the Form of the Statute by the Authority of the same as if the Lords and Commons did by their Authority make and enact Laws joyntly with the King To this I do humbly Answer That this Expression if duly consider'd doth not in the least favour the Republican Fancy of a Coordinate Power Which I shall best express to vulgar Capacities for whom this Discourse is chiefly design'd thus faithfully by representing the Matter of Fact Although the Legislative Power is solely in the King yet His Majesty doth not make Laws without the concurring Advice and Approbation of his Subjects For the King like other Men being mortal and of limited Capacity is neither omniscient nor omnipresent He cannot be in all Parts of his Dominions at one and the same time and consequently can no otherwise be acquainted with